$1.23 million Settlement: Estate seeks damages over wrongful death

Plaintiff says officials did not provide medical care for inmate in withdrawal

The personal representative for the Estate of the deceased, sought compensatory damages from defendants on claims of wrongful death and civil rights violation under Section 1983.

The deceased was in custody at the Lenawee County Jail for a parole violation. Plaintiff asserted that the deceased died in custody “due to the deliberate indifference of the defendants to her progressive and ultimately fatal medical distress caused by severe alcohol withdrawal.” It was contended that officials did not provide medical care for her as her condition deteriorated.

Type of action: Wrongful death, civil rights violation

Type of injuries: Death

Court/Case no./Date: U.S. District Court, Eastern District of Michigan; 2:09-cv-10648; Sept. 13, 2013

Name of judge: Judge David M. Lawson

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The Land of Nod Recalls Bed-Frames Due to Entrapment 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: September 19, 2013
Recall number: 13-751

Recall Summary
Name of product:

Iron Sleigh, Petal and Picket bed-frames
Hazard:

The openings in the headboard and footboard pose an entrapment hazard to young children.

Consumer Contact:

The Land of Nod toll-free at (855) 341-4325 from 9 a.m. to 4 p.m. CT Monday through Friday, e-mail recall@landofnod.com or online at www.landofnod.com and click on Product Recalls at the bottom of the page for more information.

From the CPSC

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Waterlogic Recalls Water Cooling, Heating Systems 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: September 17, 2013
Recall number: 13-287

Recall Summary
Name of product:

Chiller-based water dispensers
Hazard:

The hot water tank can stop functioning and cause the machine to overheat, posing a fire hazard.

Consumer Contact:

Waterlogic Commercial Products toll-free at (855) 905-2002 from 9 a.m. to 5 p.m. CT Monday through Friday, or visit the website at www.waterlogic.us and click on the “Maintenance and Service” link to find the “Voluntary Recall” link for more information.

From the CPSC

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Shimano American Recalls Disc Brake Calipers Due to Collision 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: September 19, 2013
Recall number: 13-289

Recall Summary
Name of product:

Disc brake calipers 
Hazard:

The calipers on the disc brakes can fail, posing a collision hazard.

Consumer Contact:

Shimano American at (800) 353-4719 from 8 a.m. to 5 p.m. PT Monday through Friday or online at www.shimano.com and click on “2013: Updated Voluntary Recall by Shimano” link on the bottom right corner of the page for more information.

From the CPSC

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$50,000 Settlement: Police sergeant disputes reason for his termination

Township says budgetary matters prompted firing; case settles at mediation

Plaintiff, acting police chief for defendant, sued the township on claims of Whistleblower Protection Act violation.

Plaintiff contended that his termination as police sergeant stemmed from his involvement in a campaign to oust two trustees from office. He had supported recall organizers with information on fundraising and counseled them when asked for help.

The township argued that Plaintiff’s termination was for budgetary reasons.

The matter settled before a three-person mediation panel for $50,000.

Type of action: Whistleblower Protection Act violation

Type of injuries: Job loss

Court/Case no./Date: Genesee County Circuit Court; 12-98257-CZ; Sept. 12, 2013

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Frigidaire Recalls Professional Blenders Due to Laceration 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: September 19, 2013
Recall number: 13-288

Recall Summary
Name of product:

Frigidaire Professional blenders
Hazard:

The blender’s blade shaft assembly can break during use, posing a laceration hazard to consumers.

Consumer Contact:

Frigidaire toll-free at (888) 747-7637 from 8 a.m. to 7:30 p.m. CT Monday through Friday and from 10 a.m. to 6:30 p.m. CT on Saturday and Sunday, or online at www.frigidaire.com and click on Product Recall at the bottom of the page for more information or online at www.blenderrecall.com and enter the blender’s serial number to determine if the blender is part of the recall.

From the CPSC

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Drunken drivers keep Metro Detroit police officers on alert

Tony Briscoe
The Detroit News

A couple of alleged drunken drivers with wobbly legs and combative behavior made last week a bit more interesting for some Troy police.

Police say officers stopped a vehicle seen speeding and weaving between lanes at 12:52 a.m. Thursday near 14 Mile and Interstate 75. While talking with the officer, the 24-year-old Hazel Park driver, who smelled of booze, reached for a ¾ empty bottle of Southern Comfort and proceeded to wet his whistle one more time before his arrest, police said.

The last swig may have been too much as the driver couldn’t stand on his own while trying to take sobriety tests, police said.

He was arrested for operating while intoxicated and open alcohol in a motor vehicle. Police are awaiting blood alcohol content results from blood drawn after his arrest.

Twenty-four hours later and a little more than two miles away, officers observed a vehicle swerving and nearly strike the curb at Maple Road and Dequindre.

Behind the wheel, officers said they found a 28-year-old Sterling Heights man with slurred speech, bloodshot eyes and a temper. He admitted to drinking, they said, and failed field sobriety tests.

When asked to take a Breathalyzer, the man allegedly slapped an officer in the face.

He was arrested for assault and battery and operating while intoxicated. His blood alcohol content results are pending blood testing as well.

From The Detroit News

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The Children’s Place Recalls Footed Pajamas Due to Violation of Federal Flammability Standard

Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: September 17, 2013
Recall number: 13-286

Recall Summary
Name of product:

Children’s one-piece footed pajamas
Hazard:

The footed pajamas fail to meet the federal flammability standard for children’s sleepwear, posing a burn hazard to children. The garments are being recalled because they do not meet the tight-fitting sizing requirements.

Consumer Contact:
The Children’s Place toll-free at (877) 752-2387 between 9 a.m. and        
5 p.m. ET Monday through Friday, or online at www.childrensplace.com and click on Customer Service for more information.

The Children’s Place toll-free at (877) 752-2387 between 9 a.m. and 5 p.m. ET Monday through Friday, or online at www.childrensplace.com and click on Customer Service for more information.

From the CPSC

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Ceiling-Mounted Light Fixtures Recalled by Dolan Designs Due to Fire and Shock 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: September 12, 2013
Recall number: 13-285

Recall Summary
Name of product:

Ceiling-Mounted Light Fixture
Hazard:

The fixture's socket wire insulation can degrade and lead to charged wires becoming exposed, causing electricity to pass to the metal canopy of the fixture. This poses a fire and electric shock hazard to consumers.

Consumer Contact:

Dolan Designs Inc; toll-free at (855) 553-6526, from 8 a.m. to 5 p.m. PT Monday through Friday; or e-mail flushmountrecall@dolandesigns.com.

From the CPSC

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$375,000 Settlement: Pharmacy tech sues hospital for FLMA, ADA

She seeks relief from pain of standing due to lupus, is fired after seeking leave

Plaintiff worked as a pharmacy technician at defendant. She had been employed by the hospital for 24 years, and received good evaluations during her career there.

Because she had lupus, in 2011 took intermittent leave under the Family and Medical Leave Act. On July 14, 2011, She was required to work a particularly lengthy period of time standing up, causing her to suffer leg pain because of her lupus.

She informed her supervisor of needing relief from the constant standing and that, if not afforded relief, would take time off under FLMA. When her request was refused, She sought to take FLMA time, but was then discharged.

Type of action: FMLA and ADA violations

Type of injuries: Wage loss, emotional distress

Court/Case no./Date: U.S. District Court, Eastern District of Michigan; 12-CV-13704; Aug. 21, 2013

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Hachette Book Group Recalls Children’s Books Due To Choking and Laceration 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: September 11, 2013
Recall number: 13-284

Recall Summary
Name of product:

Children's books titled “Count my Kisses, 1, 2, 3” and “Red, Green, Blue, I Love You”
Hazard:

A metal rod holding small beads on the cover of books can detach and release small parts that present a choking hazard. A detached metal bar can expose a sharp edge posing a laceration hazard.

Consumer Contact:

Hachette Book Group at (888) 965-5802 from 8 a.m.to 5 p.m. ET Monday through Friday, or online at www.hachettebookrecall.com or www.hachettebookgroup.com and click on the link in the Recall/Important Safety Notice box on the home page for more

From the CPSC

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Chobani Recalls Yogurt Cups Affected by Mold

Chobani is recalling a portion of its Greek-style yogurt cups affected by a common mold.
 
For more than a week, Chobani customers have complained of bloated cups and foul-smelling or off-tasting yogurt, which Chobani blamed on “isolated quality concerns.”
Although the company originally began a voluntary withdrawal of the affected products, some claims of illness prompted Chobani to switch to a voluntary recall.
The affected products bear the code “16-012″ on their foil covers and have expiration dates between Sept. 11, 2013, and Oct. 7, 2013. Chobani says consumers who have purchased the product should discard it and contact their Customer Loyalty Team for a replacement or refund.
According to Chobani, the product in question comprises less than five percent of the company’s production and is limited to cups produced at their Idaho facility, which accounts for one-third of the company’s production capacity, and that over 95 percent of the products in question have already been identified and removed from retailer shelves.
© Food Safety News

 

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$1 million Settlement: Woman burned over 21 percent of body when fuel gel ignites

Plaintiffs allege defendant had prior knowledge that flame could be invisible

Plaintiff, a 42-year-old married, middle school teacher, suffered severe burns over 21 percent of her body when a friend attempted to relight a citronella fire pot by pouring defendant’s fuel gel onto a smoldering flame.

As the refueling began, the fuel gel burst into flames and exploded onto Wilk, who was standing a few feet away.

Plaintiffs alleged that prior to this incident, defendant had been made aware that the burning flame may be invisible and that the fuel’s vapors could travel quickly to ignition sources. This, coupled with the design of the firepot, which plaintiffs alleged made the flame difficult — or, in some cases, impossible — to see, created an unreasonable danger to consumers.

Plaintiffs’ counsel said that the key to resolving this case was positioning themselves in the midst of a declaratory judgment action filed in the Washtenaw County Circuit Court, wherein it was alleged that defendant’s insurance and excess carrier policy limits could be far greater than what had been claimed.

Type of action: Product liability

Type of injuries: Second- and third-degree burns to hands, arms, chest, neck and face

Court/Case no./Date: Gratiot County Circuit Court; 12-11739; Feb. 4, 2013


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Cambridge Metal & Plastics Recalls Motorcycle Training Wheels Due to a Crash 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: September 11, 2013
Recall number: 13-281

Recall Summary
Name of product:

Motorcycle Training Wheels
Hazard:

Bolts and nuts securing the wheel can loosen and cause the rider to lose control, posing a crash hazard.

Consumer Contact:

Cambridge Metal & Plastics at (800) 457-0580 from 8 a.m. to 5 p.m. CT Monday through Friday or online at www.cmp-wwm.com  and click on Training Wheel Recall for more information.

From the CPSC

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$3.9 million Settlement: C-section delay led to baby’s brain damage

Defendants claim injuries came from herpes during pregnancy; case settles

Plaintiff next friend and mother, on behalf of plaintiff minor, sought compensatory damages from defendants’ hospital, doctors, and hospital residents on claims of birth trauma and medical malpractice.

Plaintiff mother treated prenatally with a hospital clinic, where she received full prenatal care and was a compliant patient. Ultrasounds showed two different gestational ages for the child one week apart, and one was signed and consistent with the last missed period.

At 25 weeks, the mother was diagnosed with genital herpes and received medication for treatment. At 29 weeks, the mother was diagnosed with gestational diabetes, which was treated with dietary restrictions. At 38 weeks, plaintiff reported scabies contact, presenting to a prenatal care appointment with a rash on her abdomen, hands and feet.

Because of the mother’s gestational diabetes, the resident testified that the plan was to induce labor between 39 and 40 weeks gestation. Plaintiff alleged that the doctors didn’t address the two different ultrasound ages when considering when to deliver.

Plaintiff alleged the fetus wasn’t able to tolerate labor and the mother needed a C-section. Meconium was present when the membranes ruptured, suggesting fetal distress. Nonreassuring heart tones were present near the end of labor. The fetal heart monitor showed the baby wasn’t doing well, and an emergency C-section was finally performed.

The baby was born with a low heart rate, wasn’t breathing at 1 minute of age, and needed to be resuscitated. At five minutes of age, she was doing much better. She had normal activity for the first four hours after birth. She experienced seizure activity at four hours of life.

Umbilical cord blood gases were in the normal range, and head imaging was abnormal and consistent with herpes infection or hypoxic ischemic event. Plaintiff minor was later diagnosed with cerebral palsy, speech deficits, and motor deficits.

Plaintiff asserted that the standard of practice required delivery for a mother with gestational diabetes between 39 and 40 weeks gestation. Further, plaintiff asserted that the fetal monitor tracing from plaintiff’s labor showed nonreassuring fetal heart tones and excessive uterine stimulation, which required earlier delivery of plaintiff minor.

In addition, it was argued that the resident managing the labor failed to warn the attending doctor that the baby was in distress, and thus a C-section was not timely performed. This delay caused a lack of oxygen to the baby’s brain and led to brain damage.

Defendants’ position was that plaintiff minor, although slightly depressed at birth, was fine by five minutes of age, had normal umbilical cord gasses and normal neurological findings during the first four hours of life, demonstrating a pre-existing injury and absence of a hypoxic ischemic event during labor.

In addition, it was argued that the normal cord gasses showed that the baby has not suffered hypoxic ischemic event in the birthing process. Defendants also claimed the baby’s injuries were the result of infection, as evidenced by the diagnosed herpes infection, the severe rash near the end of the pregnancy, and the head imaging which was consistent with a viral infection and not hypoxic ischemic event.

Type of action: Birth trauma, medical malpractice

Type of injuries: Cerebral palsy, cognitive deficits

Name of case: Confidential

Court/Case no./Date: Confidential; confidential; Aug. 1, 2013

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Eco-Novelty Recalls Jumbo Size and Jumbo Multipurpose Cosmo Beads Toys Due to Serious Ingestion 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: September 10, 2013
Recall number: 13-278

Recall Summary
Name of product:

Water-absorbing polymer beads
Hazard:

The hard and colorful toy can be easily mistaken for candy by a child. When the bead is ingested, it expands and can cause intestinal obstructions inside a child’s body, resulting in severe discomfort, vomiting, dehydration and could be life threatening. The toys need surgery to be removed from the body. Similar toys have not shown up on x-rays.

Consumer Contact:

Eco Novelty Corp. at (231) 222-4200 from 9 a.m. to 5 p.m. ET Monday through Friday, or e-mail admin@econoveltycorp.com.

From the CPSC

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$365,000 Settlement: Employee slips, falls on ice near entrance of workplace

Defense: Claim barred under WCA, hazard open and obvious, lights bright

Plaintiff was an employee at a light-industrial facility in Detroit, which was operated by defandant. She did cutting, folding, inserting, collating and sorting mail for clients at their specification.

In 1987, another company was formed for purposes of assuming direct employment of all employees and personnel, except for its corporate officers. Defendant retained control over the times and places that the employees would provide services, as well as the benefits and compensation paid to them.

Plaintiff, was walking into the employee entrance at the workplace, when she fell on ice near the entrance and fractured her ankle. She described the scene as dark because the building lights were not on, and that she could not see the ice. However, a co-worker stated that he could see the ice and that the lighting in the area was bright.

Defendants argued that plaintiff’s claim was barred under the Workers’ Compensation Act and Economic Realty Test, and that the ice was open and obvious.

Type of action: Personal injury

Type of injuries: Fractured ankle

Court/Case no./Date: Wayne County Circuit Court; 11-022271-NO; Feb. 19, 2013

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Baby Jogger Recalls Car Seat Adaptors for Strollers 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: August 28, 2013
Recall number: 13-272

Recall Summary
Name of product:

Car Seat Adaptor for Strollers
Hazard:

The car seat adaptor support bars can fail, posing a fall hazard to children.

Consumer Contact:

Baby Jogger® toll-free at (877) 506-2213 from 8:30 a.m. to 5:30 p.m. ET Monday through Friday or online at www.babyjogger.com and click on Recall Information tab at the bottom of the page for more information, or email recall@babyjogger.com.

From the CPSC

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Crosman Recalls Air Pistols Due to Explosion 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: September 06, 2013
Recall number: 13-277

Recall Summary
Name of product:

Air pistols
Hazard:

The air pistols can explode at high temperatures, propelling the pistol’s broken plastic pieces into the air, and posing a risk of serious eye and other injuries to users.

Consumer Contact:
Crosman Corp. toll-free at (866) 583-7340 anytime, or online at www.crosman.com and click on Important Safety Notice at the top of the web page.

From the CPSC

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$140,919 Verdict: Woman says malignancy went undetected

Radiologist asserts study interpreted correctly, but jury finds him negligent

On Aug. 7, 2009, plaintiff had a bilateral screening mammogram. In his formal report, defendant, a diagnostic radiologist, noted that the mammogram study had been unchanged from her July 27, 2007, and July 31, 2008, studies.

Plaintiff argued that the study did show an abnormality in her right breast in the 10 o’clock position, and in May 2010, she found a lump. A right diagnostic mammogram and ultrasound revealed a malignant mass.

Type of action: Medical malpractice

Type of injuries: Breast cancer

Court/Case no./Date: Oakland County Circuit Court; 2012-124737-NH; July 16, 2013

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Gree Recalls 12 Brands of Dehumidifiers Due to Serious Fire and Burn Hazards; More Than $2 Million in Property Damage Reported

Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: September 12, 2013
Recall number: 13-283

Recall Summary
Name of product:

Dehumidifiers
Hazard:

The dehumidifiers can overheat, smoke and catch fire, posing fire and burn hazards to consumers.
Remedy:
View Details
Refund
Consumer Contact:

Gree toll-free at (866) 853-2802 from 8 a.m. to 8 p.m. ET Monday through Friday, and on Saturday from 9 a.m. to 3 p.m. ET, or online at www.greeusa.com and click on Recall for more information.

From the CPSC

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$750,000 Settlement: Renter falls through garage attic, fractures pelvis, wrist

Plaintiff claims dangerous condition presented with particle board as flooring

Plaintiffs Patrick and Sherry Cassasanta rented a residential property from defendants Dennis and Karen Saviano. Patrick Cassasanta was walking on the flooring in the attic above the garage when he fell through, suffering a fractured pelvis and wrist. In addition, impotence was argued as a result of the pelvic injuries.

Plaintiffs argued that defendants created a dangerous condition by installing particle board as flooring, as it was imbalanced and not secured or strong enough to use as a walkway.

Defendants contended that plaintiff Patrick Cassasanta was fully at fault, as he was familiar with the attic walkway and failed to exercise reasonable care for his own safety. In addition, defendants denied creating a dangerous condition and disputed the nature and extent of plaintiff’s injuries, including the claim of impotence.

An arbitration panel awarded $750,000 to plaintiffs, including $100,000 for loss of consortium, though the award was subject to a confidential high/low agreement. The matter settled for the full arbitration amount.

Type of action: Personal injury

Type of injuries: Fractured pelvis and wrist

Court/Case no./Date: Macomb County Circuit Court; 2011-1710-NI; Jan. 10, 2013

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Target Recalls Threshold Floor Lamps Due to Fire and Shock 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: September 03, 2013
Recall number: 13-275

Recall Summary
Name of product:

White 2-Bulb Floor Lamp
Hazard:

The lamp can short when a standard one-way bulb is fully tightened in the lamp’s three-way socket, posing a fire and shock hazard to consumers.
Remedy:
View Details
Refund
Consumer Contact:

Target at (800) 440-0680 from 7 a.m. to 6 p.m. CT Monday through Friday or online at www.target.com and click on Product Recalls under the Help tab, then click on Home & Kitchen for more information.
From the CPSC

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$1.05 million: Estate of teen seeks damages for post-party drowning

Plaintiff argues that boy would have died even if he hadn’t been drinking

Plaintiff’s decedent, 17, joined several other high school students at defendant homeowners’ property for a party the night before high school graduation. Alcohol was served and consumed and marijuana was smoked on the property.

When the defendants ordered the attendees home, the teen attempted to try and sleep in defendants’ house because it was cold outside, but was told to leave and was locked out.

Defendants’ property slopes down to a deep river, and many cars were parked on the sloped portion of the property. The teen went to sleep in his car because he didn’t want to drive home drunk. In the middle of the night, his car rolled into the river. Unable to escape, he drowned.

Plaintiff’s estate asserted that when the homeowners were notified that something had happened to the teen, rather than call the police, defendants cleaned up the party scene — removing the keg and other debris — while the teen was trapped inside his car at the bottom of the river. Only after the scene had been cleaned up did defendants call the police, but by that time it was too late.

Defendant’s homeowners insurance company disputed coverage by claiming the teen’s death arose from a criminal act or the supervision of a criminal act (i.e., the provision of alcohol to a minor).

Plaintiff overcame summary disposition on this argument by pointing out that the teen’s alcohol consumption was not the proximate cause of his death. There was a question of material fact as to whether the teen’s lack of sobriety played any role in his death, with evidence suggesting that even if he was sober, he would have died.

Plaintiff overcame summary disposition, and then prevailed at a declaratory action jury trial in Midland County. The case was submitted to arbitration shortly before trial on the underlying civil case, and the panel awarded $1.05 million.

Type of action: Negligent supervision, premises liability

Type of injuries: Death

Name of case: Confidential

Court/Case no./Date: Midland County Circuit Court; confidential; May 7, 2013

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Vitamix Recalls 64-Ounce Low Profile Blender Container Due to Laceration 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: August 28, 2013
Recall number: 13-273

Recall Summary
Name of product:

Vitamix 64-ounce Low-Profile Container
Hazard:

The blade can break, creating a laceration hazard to consumers.
Remedy:
View Details
Repair
Consumer Contact:

Vitamix toll-free at (888) 350-4386 from 8 a.m. to 8 p.m. ET Monday through Friday and 8:30 a.m. to 5:00 p.m. ET on Saturdays or online at www.ContainerBladeRecall.com for more information or by going to www.vitamix.com, then clicking on the “Customer Service” link at the bottom of the page, and clicking on the link for “Voluntary Recall on Vitamix Containers.”

From the CPSC

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$227,354 Verdict: Plaintiff sues to have PIP benefits restored

Jury awards for attendant care, case management services, transportation

Plaintiff suffered a traumatic brain injury and other injuries in an Oct. 29, 1998, auto accident. She sought personal injury protection benefits from defendant and her first lawsuit with the carrier over the benefits resulted in a $247,503 resolution for all benefits through Aug. 22, 2000.

On March 10, 2010, defandant terminated plaintiff’s benefits as a result of surveillance videos and defense medical examinations. Plaintiff filed suit claiming medical bills, prescriptions, case management services, medical transportation and attendant care services.

Type of action: First-party no-fault

Type of injuries: Traumatic brain injury

Court/Case no./Date: Wayne County Circuit Court; 10-003512-NF; Feb. 1, 2013

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Build-A-Bear Recalls Stuffed Animal Toy 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: August 29, 2013
Recall number: 13-274

Recall Summary
Name of product:

Sulley character stuffed animal
Hazard:

The stuffed animal’s eye can detach, posing a choking hazard to young children.
Remedy:
View Details
Replace
Consumer Contact:

Build-A-Bear toll-free at (866) 236-5683 between 8 a.m. and 8 p.m. CT Monday through Friday, on Saturday between 9 a.m. and 6 p.m. CT and on Sunday between 10 a.m. and 7 p.m. CT. You may also email the firm at ProductHotline@buildabear.com. Visit the firm’s website www.buildabear.com and click on Product Recalls at the bottom of the page for more information.

From the CPSC

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$764,900 Verdict: Phantom car’s dust cloud on dirt road causes a collision

Medical examiners clash over MRIs; jury decides nonparty mostly at fault

On April 22, 2010, plaintiff was driving on a dirt road in Livingston County. A second vehicle was approaching from the opposite direction, and a third vehicle passed the second vehicle at a high rate of speed.

The third vehicle then sped past plaintiff's car, and although it did not make contact with her car, its high speed caused a large cloud of dust to form. The dust cloud prevented plaintiff and the driver of the second vehicle from seeing each other, resulting in a head-on collision.

Type of action: No-fault, uninsured motorist

Type of injuries: Lumbar disc protrusion and radiculopathy

Court/Case no./Date: Wayne County Circuit Court; 11-011768-NF; July 16, 2013

Verdict amount: $764,900

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Baby Jogger Recalls Car Seat Adaptors for Strollers 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: August 28, 2013
Recall number: 13-272

Recall Summary
Name of product:

Car Seat Adaptor for Strollers
Hazard:

The car seat adaptor support bars can fail, posing a fall hazard to children.
Remedy:
View Details
Replace
Consumer Contact:

Baby Jogger® toll-free at (877) 506-2213 from 8:30 a.m. to 5:30 p.m. ET Monday through Friday or online at www.babyjogger.com and click on Recall Information tab at the bottom of the page for more information, or email recall@babyjogger.com.

From the CPSC

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$2.25 million Settlement: Driver hit by trucker develops brain, foot and ankle injuries

It’s asserted defendants shouldn’t have been on the road; case is settled

On Sept. 5, 2008, plaintiff, then 22, was driving north on U.S. 131 near Grand Rapids when a large construction barrel truck pulled directly out in front of her vehicle from the shoulder. This caused her to rear-end the truck and crash into the guardrail. The truck was driven by defendant, who was working in the course and scope of his employment with defendant.

She was knocked unconscious by the impact, which caused severe intrusion into the front driver-side of her vehicle and caused head and ankle injuries. She underwent three surgeries to her right ankle and was diagnosed with a traumatic brain injury and complex regional pain syndrome.

Type of action: Third-party auto negligence

Type of injuries: Multiple injuries to the right ankle and foot requiring three surgeries, traumatic brain injury, development of complex regional pain syndrome

Court/Case no./Date: St. Clair County Circuit Court; 10-002700-NI; May 9, 2013

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Applica Consumer Products Reannounces Black & Decker Spacemaker Coffeemaker Recall Due to Injury Hazard; Units Sold After Recall

Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: August 15, 2013
Recall number: 13-267

Recall Summary
Name of product:

Black & Decker® Spacemaker™ 12-Cup Programmable Under-the-Cabinet Coffeemakers
Hazard:

The coffee pot handle can break, causing cuts and burns to the consumer.
Remedy:
View Details
Refund
Consumer Contact:

Applica Consumer Products toll-free at (866) 708-7846 from 8:30 a.m. to  5 p.m. ET Monday through Friday or online at www.aprecall.com.

From the CPSC

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