Nourison Recalls Rugs Due to Fire Hazard; Sold Exclusively at Home Depot

Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: MAY 23, 2013 Recall number: 13-198

Recall Summary

Name of product:
Area Rugs

Hazard:
The rugs fail to meet federal flammability standards, posing a fire hazard to consumers.

Remedy:
View DetailsRefundReplaceConsumer Contact:
Nourison at (800) 223-1110 ext. 2358 from 9:30 a.m. to 4:30 p.m. ET Monday through Friday or online at www.nourison.com, then click on Recall Information at the bottom of the page for more information.

From the CPSC

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Lea Industries Recalls Children’s Beds Due to Fall Hazard

Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: MAY 21, 2013 Recall number: 13-195

Recall Summary

Name of product:
Lea Panel, Loft and Bunk Beds

Hazard:
The bed’s side mattress support rails can break, posing a fall hazard.

Remedy:
View DetailsReplaceConsumer Contact:
Lea Industries; toll-free at (888) 770-7116, from 8 a.m. to 7 p.m. ET Monday through Friday, or online at www.leaindustries.com and click on Recall for more information.

From the CPSC
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Motorcycle medical insurance claims soar in Michigan

Washington — A new study of motorcycle crashes in Michigan shows insurance claims rose dramatically after the state ended its mandatory helmet law in April 2012

The industry-funded Highway Loss Data Institute said Thursday that a review of motorcycle crash claims found total medical claims for Michigan motorcyclists rose by 51 percent after the state ended its mandatory helmet law that had been in effect since 1969.

Most of the jump in claims was because of more serious injuries as a result of motorcycle crashes — the increase in claim severity was 36 percent. Adjusting for the fact that unhelmeted riders must carry higher insurance, medical payments claim severity increased 22 percent, "consistent with expectation that crashes after the law change resulted in more severe injuries as a result of less helmet use," the group said.

"Weakening the helmet law seems to have made it somewhat more likely that riders will sustain injuries, but the big impact has been on the seriousness of the injuries," says David Zuby, chief research officer of HLDI, which is part of the Insurance Institute for Highway Safety. "Helmets can’t protect against all injuries, but they do help prevent debilitating and often fatal head trauma."

Michigan's law now requires helmet use for riders younger than 21. All others may opt not to wear a helmet if they have either passed a motorcycle safety course or have held the motorcycle endorsement on their driver’s license for at least two years. Unhelmeted riders also must carry at least $20,000 in medical coverage — a factor in the jump in total insurance losses.

By: David Shepardson
From The Detroit News Click to read more:

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Kubota Recalls Riding Mowers Due to Fire Hazard (Recall Alert)

Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Recall date: MAY 21, 2013 Recall number: 13-734

Recall Summary

Name of product:

Kubota ZG100 Series Zero Turn riding mowers

 

Hazard:

The fuel tank’s pressure relief valve can malfunction, causing the tank to expand and rub against the transmission drive belt and drive cooling fan. This can wear a hole in the fuel tank and cause a fuel leak, posing a fire hazard.

Remedy:

View DetailsRepairConsumer Contact:

Kubota; at (800) 752-0290; from 8:30 a.m. through 4:30 p.m. PT Monday through Friday, or online at www.kubota.com and click on Safety for more information.

From the CPSC

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$52 million settlement: Suit says state Medicaid system withheld autism therapy

Federal statute mandates such treatment for eligible children, class action says.

On Dec. 17, 2010, plaintiffs filed a class-action suit against the state of Michigan, alleging that the state’s Medicaid system was failing to make Applied Behavior Analysis therapy available to children on Medicaid assistance who have autism spectrum disorder.

Type of action: Violation of statutory rights under 42 USC Section 1983
Court/Case no./Date: U.S. District Court, Eastern District of Michigan; 10-cv 15018; April 17, 2013
Settlement: Approval of benefits worth $52 million

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Deezo Children’s Hooded Sweatshirts with Drawstrings Recalled by Zulily Due to Strangulation Hazard

Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: MAY 16, 2013 Recall number: 13-192

Recall Summary

Name of product:
Deezo boys and girls zip-up hoodies

Hazard:
The sweatshirts and jackets have drawstrings through the hood which pose a strangulation hazard to young children. In February 1996, CPSC issued guidelines about drawstrings in children's upper outerwear. In 1997, those guidelines were incorporated into a voluntary standard. Then, in July 2011, based on the guidelines and voluntary standard, CPSC issued a federal regulation. CPSC's actions demonstrate a commitment to help prevent children from strangling or getting entangled on neck and waist drawstrings in upper outerwear, such as jackets and sweatshirts.

Remedy:
View DetailsRepairRefundConsumer Contact:
Zulily, Inc. toll free at (877) 779-5615 between 6 a.m. and 8 p.m. PT Monday through Friday, and between 6 a.m. and 6 p.m. or Saturdays, online at www.zulily.com or by e-mail at service@zulily.com and  click on Contact Us/Product Recall for more information.

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$25,000 settlement: Driver asserts post-concussive issues stemming from crash

Type of action: Third-party bodily liability
Type of injuries: Traumatic brain injury causing post-concussive issues; cervical disc protrusions
Court/Case no./Date: Oakland County Circuit Court; 2012-128219-NI; April 10, 2013

Keys to winning: Serious injuries; support of injuries and relation to accident from defense medical examiners; admission of liability from defendant at her deposition

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Meijer Recalls Touch Point Baseboard Convection Heaters Due to a Fire Hazard

Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: MAY 10, 2013 Recall number: 13-189

Recall Summary

Name of product:
Touch Point Portable Baseboard Convection Heaters

Hazard:
The heaters can overheat, posing a fire hazard to consumers.

Remedy:
View DetailsRefundConsumer Contact:
Meijer at (800) 927-8699 anytime, or online at www.meijer.com and click on Product Recalls under the Help section.

From the CPSC

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$48,023 Verdict: Plaintiff claims ‘frozen shoulder’ came from rear-end crash

Defendant argues injuries were work related, did not arise from auto accident

Type of action: First-party no-fault
Type of injuries: Adhesive capsulitis in plaintiff’s right shoulder
Court/Case no./Date: Wayne County Circuit Court; 12-2563-NF; April 23, 2013

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Toro Recalls Zero Turn Riding Mowers Due to Fire Hazard

Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: MAY 09, 2013 Recall number: 13-187

Recall Summary

Name of product:
Toro® Z Master® Riding Mowers

Hazard:
The idler pulley can rub against the mower’s fuel tank, posing a fire hazard.

Remedy:
View DetailsRepairConsumer Contact:
Toro; toll-free at (855) 493-0090, from 8 a.m. to 5 p.m. CT Monday through Friday, or online at www.toro.com and click on Product Recall Information on the bottom right-hand side of the page for more information.

From the CPSC

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FDA Issues Warning about More Depakote Birth Defect Risk

USA Recall News

After a new study linked Depakote and other valproate medications taken during pregnancy to an increased risk of autism and autism spectrum disorders, the FDA has decided to put its strongest warning for pregnancy associated complications on the drug, designating it pregnancy class X for migraine prevention, which means that the drug’s dangers outweigh its benefits for pregnant women. The new study adds to other work showing the drug increases risk for birth defects when taken by pregnant women.

What Is Depakote?

Depakote is a commercial name for a valproate product, specifically divalproex sodium. It comes in three different variations, including Depakote CP and Depakote ER. Other variations on the drug include:

• Valproate sodium (Depacon, an injectable formulation)
• Valproic acid (Depakene and Stavzor)

As well as generic formulations.

Valproate products are approved for migraine prevention, epilepsy, and bipolar disorder.

Study Shows Depakote Increases Risk of Autism

A study published in the Journal of the American Medical Association in April showed that women who took Depakote or similar drugs during pregnancy were more likely to give birth to children with autism or autism spectrum disorders. The study looked at birth and pediatric records for children in the Danish health registry from 1996 to 2006. The study compared children of women given Depakote during pregnancy with women who did not take the drug during pregnancy and found the drug was associated with:

• A 3X increase in risk for autism spectrum disorders (1.53% vs. 4.44%)
• A 5X increase in risk for childhood autism (0.48% vs. 2.56%)

In an attempt to remove a potential confounder, the study also compared children born to mothers with epilepsy and found that even in this limited group Depakote was associated with elevated risk of:

• 1.7X increase in risk for autism spectrum disorders (2.44% vs. 4.15%)
• 3X increase in risk for childhood autism (1.02% vs. 2.95%)

The current study is a follow-up of work previously reported in 2011, about which the FDA had also issued a warning.

Autism spectrum disorder is a broad class of conditions that includes autism, Asperger syndrome, Rett syndrome, and others.

Depakote Already Associated with Birth Defects

The troubled drug Depakote has already been associated with birth defect risks. A 2010 review of studies linked the drug to an increased risk of birth defects when taken by mothers in their first trimester. The risks increased significantly for six different types of birth defects:

• Spina bifida (12.7X increased risk)—in which the neural tube fails to close around the brain and spinal cord
• Craniosynostosis (6.8X)—in which one or more of the cranial sutures on the baby’s skull closes prematurely
• Cleft palate (5.2X)
• Hypospadias (4.8X)—in which the urethra opening in the penis is in the bottom rather than the end
• Atrial septal defect (2.5X)
• Polydactyly (2.2X)

Although the study noted that the risks for Depakote were similar to those for other antiepileptic drugs, which probably contributed to the FDA’s decision to continue to allow the drug for pregnant women, although a black box warning describing the risks was added in 2009.

FDA Action

However, since the current research seems to indicate that the risks for Depakote and similar drugs outweigh the benefits for migraine prevention, the FDA has decided it is time to change the classification of the drug, from the current pregnancy class D (positive evidence of human fetal risk) to pregnancy class X (risks of use clearly outweigh benefits).

The drug will remain in pregnancy class D for control of manic episodes and epilepsy.

The change will not take place immediately, since new labeling must be written, but all patients and doctors should be aware of the new classification and consider alternate treatment for migraine prevention in pregnant women. Women of childbearing age are encouraged to use effective birth control if they are taking Depakote or other types of valproic acid.

There are already numerous lawsuits in progress for birth defects associated with valproic acid. It is likely that more will be filed after this labeling change.

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Family Dollar Stores Recalls Optimus Tower Quartz Heaters Due to Overheating and Fire Hazards

Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: MAY 09, 2013 Recall number: 13-186

Recall Summary

Name of product:
Portable Heaters


Hazard:
The heaters can overheat posing a fire hazard.

Remedy:
View DetailsRefundConsumer Contact:
Family Dollar Stores at (800) 547-0359 from 8:30 a.m. to 5 p.m. Monday through Friday, or online at www.familydollar.com, then click on Product Recalls in the Help section at the bottom of the page.

From the CPSC

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Surly Bikes Recalls Bicycle Forks Due to Fall Hazard

Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: MAY 08, 2013 Recall number: 13-185

Recall Summary

Name of product:
Surly Pugsley Bicycle Forks

Hazard:
The bicycle fork can bend above the disc brake mount, posing a fall hazard to the rider.

Remedy:
View DetailsRefundReplaceConsumer Contact:
Surly Bikes; toll-free at (877) 946-9333 from 8 a.m. to 6 p.m. CT Monday through Friday, or online at www.surlybikes.com and click on the Safety Recall button for more information.

From the CPSC

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FDA Struggles to Prevent Recurrence of Meningitis Outbreak

• From US RecallNews

On May 9, the FDA warned that unless it gets additional authority to regulate compounding facilities, we will likely see a recurrence of the multistate meningitis outbreak that killed nearly 50 people and sickened more than 700. In the meantime, though, the FDA has followed through on its promise to inspect “high-risk” facilities, which has already resulted in four recalls from compounding centers in Georgia, Florida, and New Jersey.

The Ongoing Impact of the Fungal Meningitis Outbreak

The CDC continues to identify new cases related to contamination at the New England Compounding Center (NECC). Ten new cases were identified in April, and officials warn that the incubation period for the disease is longer than anticipated. Many of the new cases are showing up in people who previously tested infection-free.

Based on previous cases, mostly a 2002 outbreak of the disease, officials believed that infections should show up within about five months after exposure. With new cases continuing to show up every week, more than six months after the contaminated injections were pulled from the market, officials now admit they have little experience with this type of infection, though they hopefully state that slow-growing infections should be less serious than the serious meningitis cases, which showed up quickly.

Read more here

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637,500 Settlement: Passenger suffers spinal injuries in accident

Woman was riding in car with man who admitted to speeding on the freeway

On Feb. 25, 2011, the vehicle in which plaintiff was a passenger crashed into the dividing wall of Interstate 94 near Wyoming Road in Wayne County. The vehicle in which she was riding was driven by third-party defendant, who was driving in the course and scope of his employment for third-party defendant. He was admittedly speeding at the time of the crash, and was issued a hazardous action for speed too fast.

Type of action: Third-party automobile negligence, first-party PIP claim
Type of injuries: Disc displacement causing spinal cord surface impingement resulting in cervical fusion surgery
Court/Case no.: Wayne County Circuit Court; 11-006405-NI

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LEM Products Distribution Recalls 5-Tray Food Dehydrators Due to Fire Hazard

Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: MAY 02, 2013 Recall number: 13-182

Recall Summary

Name of product:
5-Tray Dehydrator with Digital Timer

Hazard:
The fan can fail causing the unit to overheat and pose a fire hazard.

Remedy:
View DetailsRepairConsumer Contact:
LEM Products Distribution toll free at (877) 536-7763 from 8 a.m. to 5 p.m. ET Monday through Friday or online at www.lemproducts.com and click Warranty and Recall at the bottom of the page for more information.

From the CPSC

$300,000 Settlement: Soccer player’s leg seriously injured in game

Plaintiff argues referees were held to standard to ‘recognize misconduct’

Plaintiff, a 14-year-old high school soccer player, was in an October 2009 game. At one point, defendant opposing team player kicked the plaintiff’s leg with such force that it dislocated plaintiff’s knee, tore three of his four ligaments, and severed an artery. Because of this injury, plaintiff almost suffered a traumatic amputation of his lower leg, escaping that result by a matter of minutes.

Type of action: Sports injury
Type of injuries: Severe leg injuries
Court/Case no.: Confidential; confidential

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Louisville Slugger OneX Fastpitch Softball Bats Recalled by Hillerich & Bradsby Due to Injury Hazard from Breakage

Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: MAY 02, 2013 Recall number: 13-183

Recall Summary

Name of product:
Louisville Slugger® OneX Fastpitch softball bat

Hazard:
The bat’s barrel can separate from the handle during use and strike people nearby.

Remedy:
View DetailsReplaceConsumer Contact:
Hillerich & Bradsby at (800) 282-2287 from 8 a.m. to 6:30 p.m. ET Monday through Friday or online at www.slugger.com and click on Recall for more information.

From the CPSC

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Man, grandson injured in Warren motorcycle crash

Man, grandson injured in Warren motorcycle crash

Warren — A motorcycle ride for a man and his grandson turned into a trip to the hospital Sunday evening after the two were hit by a minivan, police said.

Warren police officers responded to the intersection of Schoenherr and Prospect at about 2:30 p.m. after a man believed to be in his 50s and his 10-year old grandson were hit.

The grandfather may have broken his wrist, police said. His grandson, who was riding on the back, didn't suffer any apparent injuries, but was taken to the hospital as a precaution.

Information regarding the driver of the minivan was not immediately available, police said.

By Tony Briscoe
From The Detroit News: 

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3T Design Recalls Cervélo Bicycles with Aura Pro Handlebars Due to Risk of Injury

Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: APRIL 25, 2013 Recall number: 13-181

Recall Summary

Name of product:
Cervélo Bicycles with Aura Pro Handlebars

Hazard:
The bicycle’s handlebar clamps can detach during riding causing the rider to lose control, posing a risk of injury.

Remedy:
View DetailsRepairConsumer Contact:
3T Design Ltd. at (800) 223-3207 from 9 a.m. to 5 p.m. CT Monday through Friday, or online at www.3tcycling.com and click on Recall for more information.

From the CPSC

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FDA Warns of the Dangers of DMAA (Dimethylamylamine)

The FDA has warned consumers not to take any dietary supplement containing the ingredient DMAA (dimethylamylamine, which goes by other names as well, listed below), which has been associated with numerous risks, including seizures, heart attack, and death. When asked by the FDA to stop using the ingredient, most companies complied. USPLabs initially disputed the danger of the ingredients, but eventually consented to reformulate its supplements.

The Potential Dangers of DMAA
The FDA is aware of 86 reports of serious adverse side effects associated with DMAA. All reports of injuries associated with DMAA come from voluntary reports from patients and their doctors, and include:

• Lactic acidosis
• Loss of consciousness
• Elevated blood pressure
• Elevated or irregular heart rate
• Heart attack
• Liver and kidney damage
• Stroke
• Death

In response to these adverse event reports, especially after the deaths of two US army soldiers associated with the drug in 2011, the FDA moved to get DMAA off the market, but because the DMAA-containing products are dietary supplements, not drugs, the FDA’s ability to act was limited.

In disputing the removal of DMAA, one company argued that the ingredient is both natural and safe, findings the FDA says are not well-founded.

Other Names of DMAA
Consumers need to be able to identify DMAA, which is often listed under many different names, including:

• 1,3-DMAA
• 1,3-Dimethylamylamine
• 1,3-Dimethylpentylamine
• 2-Amino-4-methylhexane
• 2-Hexanamine
• 4-Methyl-2-hexanamine
• 4-Methyl-2-hexylamine
• 4-methyl- (9CI)
• Dimethylamylamine
• Geranamine
• Methylhexanamine
• Methylhexanenamine
• Geranium extract or Pelargonium gravolens extract

The “extract” notation points to the contention that DMAA is a natural ingredient.

From USA RECALLS

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The Land of Nod Recalls Plush Dollies Due to Choking Hazard

Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: APRIL 25, 2013 Recall number: 13-180

Recall Summary

Name of product:
Dollies

Hazard:
The hands on the plush dolls can detach, posing a choking hazard to young children.

Remedy:
View DetailsRefundConsumer Contact:
The Land of Nod at (800) 933-9904 from 8:30 a.m. to 5 p.m. CT Monday through Friday or online at www.landofnod.com and click on Safety Recalls at the bottom of the page for more information.

From the CPSC

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$34,710 Verdict: Boy’s teeth knocked out by fellow student in golf accident

On May 7, 2009, plaintiff’s minor and defendant’s minor, both 12 years old at the time, were participating in a golf class at a public elementary school. The students were taking turns, according to the teacher’s safety rules, but defendant’s minor did not wait for plaintiff’s minor to finish his turn.
Because plaintiff’s minor was not very good at golf, defendant’s minor went to assist him. While showing plaintiff’s minor how to swing, defendant’s minor did not make sure he was out of the way, and on defendant’s minor follow-through, the driver hit plaintiff’s minor in the mouth. Four front teeth were knocked out, and there were fractures to his buccal plate and palate.

Type of action: Personal injury
Type of injuries: Four front teeth knocked out, fractures to buccal plate and palate
Court/Case no.: Genesee County Circuit Court; 10-93100-NI

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