Plaintiff contends crew’s efforts unorganized, no hard hat provided for him
Plaintiff brought forth a claim under the Jones Act, 46 USC § 30104, alleging negligence and failure to provide a safe place to work, as well as alleging the unseaworthiness of the fishing vessel pursuant to the General Maritime Laws of the United States.
On Sept. 24, 2010, plaintiff was acting within the scope and course of his employment as a processor/crewmember aboard defendant’s fishing vessel. His immediate supervisor instructed plaintiff to assist in offloading a third-party vessel, a Korean tramper (a ship without a fixed schedule or published ports of call) owned and operated by defendant. He was not provided with a hard hat and did not receive any further instructions or orders
When plaintiff entered the hold of the tramper, they formed a human chain and passed 40-pound boxes of frozen fish from one man to the other with the final man placing them on a stack.
While the co-crewmembers of the fishing vessel were conducting their portion of the offload in the orderly fashion described, plaintiff observed that the efforts and work of the crew of the tramper were unorganized and chaotic, and that the crewmembers of the tramper appeared very fatigued.
At one point, as plaintiff had placed a box on a stack and was turning around, one of the crewmembers from the tramper hurled a box of fish toward plaintiff, striking him on the left temporal area of his head, knocking him down. Plaintiff lost consciousness, and the incident was immediately reported to the officers of the fishing vessel.
A neuro-ophthalmologist determined that plaintiff suffered a permanent left inferior anterior defect consistent with traumatic optic neuropathy of the left eye. It was argued that plaintiff has been permanently disabled in engaging or returning to the duties of a commercial fisherman.
The matter settled for $325,000.
Type of action: Jones Act
Type of injuries: Head
Court/Case no./Date: U.S. District Court for the Western District of Washington; confidential; May 3, 2013
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Friday, January 31, 2014
American Honda Recalls Lawnmowers Due to Laceration 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: January 15, 2014
Recall number: 14-710
Recall Summary
Name of product:
Walk-behind 21” lawnmowers
Hazard:
The engine stop switch can malfunction allowing the blade to continue to rotate after the handlebar blade control lever is released, which poses a laceration hazard.
Remedy:
View Details
Repair
Consumer Contact:
American Honda toll-free at (888) 888-3139 from 8:30 a.m. to 7 p.m. ET Monday through Friday or online at www.powerequipment.honda.com and click on Recalls and Updates. For Columbia brand lawnmowers see www.engines.honda.com and click on Recalls/Updates
From the CPSC
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Recall date: January 15, 2014
Recall number: 14-710
Recall Summary
Name of product:
Walk-behind 21” lawnmowers
Hazard:
The engine stop switch can malfunction allowing the blade to continue to rotate after the handlebar blade control lever is released, which poses a laceration hazard.
Remedy:
View Details
Repair
Consumer Contact:
American Honda toll-free at (888) 888-3139 from 8:30 a.m. to 7 p.m. ET Monday through Friday or online at www.powerequipment.honda.com and click on Recalls and Updates. For Columbia brand lawnmowers see www.engines.honda.com and click on Recalls/Updates
From the CPSC
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Wednesday, January 29, 2014
$1.75 million Settlement: Inmate dies after suffering from withdrawals
Prison nurses maintain they followed protocol following 2011 incident
Plaintiff Elizabeth Keller, personal representative of the Estate of Andrea Suzanne Armstead, sought compensatory damages from defendants Kalamazoo County and individually named defendants on claims of wrongful death, medical malpractice and Section 1983 civil rights violation.
Armstead, then 21, was in the process of heroin detoxification when she entered Kalamazoo County Jail on Oct. 30, 2011, on an outstanding misdemeanor warrant. In the days that followed, Armstead and her cellmates submitted several written requests for medical treatment, as Armstead was suffering from withdrawals, but she was denied treatment.
On Nov. 2, Armstead began shaking and convulsing, eventually collapsing. When a registered nurse at the jail found Armstead on the floor, he left her there to consult jail protocol. When he returned, Armstead had no blood pressure and went into cardiac arrest.
Armstead was taken to Bronson Methodist Hospital where she was placed on life support. She never regained consciousness and was taken off life support Nov. 8.
The three prison nurses named in the lawsuit maintained that they followed protocol following the incident. In addition, it was argued that there was no way the nurses could have known before Armstead collapsed that she was suffering from a serious medical condition.
The matter settled for $1.75 million.
Type of action: Wrongful death, medical malpractice, Section 1983 civil rights violation
Type of injuries: Death
Name of case: Keller, et al. v. Kalamazoo County, et al.
Court/Case no./Date: U.S. District Court for the Western District of Michigan; 1:12-CV-00843-PLM; Nov. 15, 2013
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Plaintiff Elizabeth Keller, personal representative of the Estate of Andrea Suzanne Armstead, sought compensatory damages from defendants Kalamazoo County and individually named defendants on claims of wrongful death, medical malpractice and Section 1983 civil rights violation.
Armstead, then 21, was in the process of heroin detoxification when she entered Kalamazoo County Jail on Oct. 30, 2011, on an outstanding misdemeanor warrant. In the days that followed, Armstead and her cellmates submitted several written requests for medical treatment, as Armstead was suffering from withdrawals, but she was denied treatment.
On Nov. 2, Armstead began shaking and convulsing, eventually collapsing. When a registered nurse at the jail found Armstead on the floor, he left her there to consult jail protocol. When he returned, Armstead had no blood pressure and went into cardiac arrest.
Armstead was taken to Bronson Methodist Hospital where she was placed on life support. She never regained consciousness and was taken off life support Nov. 8.
The three prison nurses named in the lawsuit maintained that they followed protocol following the incident. In addition, it was argued that there was no way the nurses could have known before Armstead collapsed that she was suffering from a serious medical condition.
The matter settled for $1.75 million.
Type of action: Wrongful death, medical malpractice, Section 1983 civil rights violation
Type of injuries: Death
Name of case: Keller, et al. v. Kalamazoo County, et al.
Court/Case no./Date: U.S. District Court for the Western District of Michigan; 1:12-CV-00843-PLM; Nov. 15, 2013
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Tuesday, January 28, 2014
$165,000 Verdict: Defense argues serious impairment not reached in crash
Plaintiff suffers bilateral torn rotator cuffs, neck injuries in auto accident
Defendants admitted negligence for failing to stop at a stop sign, causing a collision that injured plaintiff.
Defense argued that plaintiff’s injuries did not constitute a serious impairment of body function, in part due to the fact plaintiff had significant pre-existing medical conditions, including prior spine surgeries and a rotator cuff surgery.
An Eaton County Circuit Court jury determined that plaintiff suffered serious impairment and awarded $125,000 in past noneconomic damages and $40,000 in future noneconomic damages.
Type of action: Third-party automobile negligence
Type of injuries: Bilateral torn rotator cuffs, soft tissue neck injuries
Court/Case no./Date: Eaton County Circuit Court; 12-1313-NI; Sept 17, 2013
Tried before: Jury
Verdict amount: $165,000
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Defendants admitted negligence for failing to stop at a stop sign, causing a collision that injured plaintiff.
Defense argued that plaintiff’s injuries did not constitute a serious impairment of body function, in part due to the fact plaintiff had significant pre-existing medical conditions, including prior spine surgeries and a rotator cuff surgery.
An Eaton County Circuit Court jury determined that plaintiff suffered serious impairment and awarded $125,000 in past noneconomic damages and $40,000 in future noneconomic damages.
Type of action: Third-party automobile negligence
Type of injuries: Bilateral torn rotator cuffs, soft tissue neck injuries
Court/Case no./Date: Eaton County Circuit Court; 12-1313-NI; Sept 17, 2013
Tried before: Jury
Verdict amount: $165,000
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U.S. Boiler Recalls Home Heating Boilers Due to Carbon Monoxide 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: January 09, 2014
Recall number: 14-076
Recall Summary
Name of product:
Gas-fired hot water boilers
Hazard:
The air pressure switch can fail to shut down the burners when there is a blockage in the vent system, allowing the boiler to emit excessive amounts of carbon monoxide and posing a CO poisoning hazard to the consumer.
Remedy:
View Details
Repair
Consumer Contact:
U.S. Boiler, toll-free at (888) 432-8887 from 8 a.m. to 4:30 p.m. ET Monday through Friday or online at www.usboiler.net and click on CPSC Product Recall Announcement for more information.
From the CPSC
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Recall date: January 09, 2014
Recall number: 14-076
Recall Summary
Name of product:
Gas-fired hot water boilers
Hazard:
The air pressure switch can fail to shut down the burners when there is a blockage in the vent system, allowing the boiler to emit excessive amounts of carbon monoxide and posing a CO poisoning hazard to the consumer.
Remedy:
View Details
Repair
Consumer Contact:
U.S. Boiler, toll-free at (888) 432-8887 from 8 a.m. to 4:30 p.m. ET Monday through Friday or online at www.usboiler.net and click on CPSC Product Recall Announcement for more information.
From the CPSC
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Thursday, January 23, 2014
Cybex International Recalls Decline Free Weight Benches Due to Fall and Injury Hazards (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: January 09, 2014
Recall number: 14-707
Recall Summary
Name of product:
Olympic Decline free weight bench
Hazard:
The frame of the bench can collapse forward onto the user, posing fall and injury hazards.
Remedy:
View Details
Repair
Consumer Contact:
Cybex Internationals toll-free at (888) 678-3846 from 8 a.m. to 5 ET Monday through Friday or online at www.cybexintl.com and click on Support for more information.
From the CPSC
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Recall date: January 09, 2014
Recall number: 14-707
Recall Summary
Name of product:
Olympic Decline free weight bench
Hazard:
The frame of the bench can collapse forward onto the user, posing fall and injury hazards.
Remedy:
View Details
Repair
Consumer Contact:
Cybex Internationals toll-free at (888) 678-3846 from 8 a.m. to 5 ET Monday through Friday or online at www.cybexintl.com and click on Support for more information.
From the CPSC
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Thursday, January 16, 2014
$375,000 Settlement: Minor incurs multiple injuries from dog bite
Cuts developed into thick scars that necessitated reconstructive surgery
Plaintiff’s minor was visiting defendants’ residence for a sleepover with friends. Plaintiff’s minor said she remembered petting defendants’ St. Bernard when suddenly and without warning, the dog viciously attacked her, biting her on the face, head and neck.
Plaintiff’s minor sustained numerous full-thickness cuts and a large avulsion-type injury to the facial area. The right cheek and lip soon developed inelasticity; the right lower lip sustained decreased sensation; and very hard “knots” began to form deep in the skin and to the buccal mucosa (membrane lining the inside of the mouth). In addition, the cuts developed into thick scars, necessitating reconstructive surgery.
The matter settled in Sanilac County Circuit Court for $375,000.
Type of action: Personal injury/dog bite
Type of injuries: Facial and right lower lip injuries, scarring
Court/Case no./Date: Sanilac County Circuit Court; confidential; Oct. 28, 2013
Settlement amount: $375,000
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Plaintiff’s minor was visiting defendants’ residence for a sleepover with friends. Plaintiff’s minor said she remembered petting defendants’ St. Bernard when suddenly and without warning, the dog viciously attacked her, biting her on the face, head and neck.
Plaintiff’s minor sustained numerous full-thickness cuts and a large avulsion-type injury to the facial area. The right cheek and lip soon developed inelasticity; the right lower lip sustained decreased sensation; and very hard “knots” began to form deep in the skin and to the buccal mucosa (membrane lining the inside of the mouth). In addition, the cuts developed into thick scars, necessitating reconstructive surgery.
The matter settled in Sanilac County Circuit Court for $375,000.
Type of action: Personal injury/dog bite
Type of injuries: Facial and right lower lip injuries, scarring
Court/Case no./Date: Sanilac County Circuit Court; confidential; Oct. 28, 2013
Settlement amount: $375,000
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Cabrinha Kiteboarding Recalls H2 Binding 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: December 30, 2013
Recall number: 14-074
Recall Summary
Name of product:
Cabrinha H2 Hydra Series Binding
Hazard:
The binding can detach from its base while riding and lead to loss of control, which poses a risk of injury.
Remedy:
View Details
Replace
Consumer Contact:
Consumers can send an e-mail to support@cabrinhakites.com, call Pryde Group Americas (PGA) collect at (305) 591-3922 from 9:30 a.m. to 6:30 p.m. ET Monday through Friday or online at www.cabrinhakites.com and click on Safety Alert under the Support tab at the top of the page for more information.
From the CPSC
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Recall date: December 30, 2013
Recall number: 14-074
Recall Summary
Name of product:
Cabrinha H2 Hydra Series Binding
Hazard:
The binding can detach from its base while riding and lead to loss of control, which poses a risk of injury.
Remedy:
View Details
Replace
Consumer Contact:
Consumers can send an e-mail to support@cabrinhakites.com, call Pryde Group Americas (PGA) collect at (305) 591-3922 from 9:30 a.m. to 6:30 p.m. ET Monday through Friday or online at www.cabrinhakites.com and click on Safety Alert under the Support tab at the top of the page for more information.
From the CPSC
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Tuesday, January 14, 2014
$480,000 Settlement: Man slips in parking lot that was plowed but unsalted
Workers’ comp lien had to be compromised prior to the matter being settled
Plaintiff is a management employee with a company in Troy. The defendants were a snow removal contractor, a property maintenance company, and the property owner’s association for a large commercial office complex in Troy.
Plaintiff slipped and fell on ice while walking to his car in the parking lot of the office building. The incident occurred several hours after the conclusion of a snowstorm that left approximately 8 inches of snow in Oakland County.
Defendant snow removal contractor had plowed the subject parking lot clear to the surface very shortly after the snow subsided, but did not apply salt or melting compound until hours after Plaintiff fell. Plaintiff fell on the unsalted parking surface sustaining severe injury approximately four hours after the plowing had concluded.
Plaintiff had a complicated recovery, which included multiple surgical procedures. Plaintiff’s employer also maintained a substantial workers’ compensation lien, which had to be compromised in order for the matter to be settled.
Plaintiff overcame defendants’ motions for summary disposition arguing open and obvious and lack of duty.
The matter settled via facilitation for $480,000.
Type of action: Negligence, premises liability
Type of injuries: Compound spiral fracture of right lower leg
Court/Case no./Date: Oakland County Circuit Court; 11-121926-NO; April 1, 2013
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Plaintiff is a management employee with a company in Troy. The defendants were a snow removal contractor, a property maintenance company, and the property owner’s association for a large commercial office complex in Troy.
Plaintiff slipped and fell on ice while walking to his car in the parking lot of the office building. The incident occurred several hours after the conclusion of a snowstorm that left approximately 8 inches of snow in Oakland County.
Defendant snow removal contractor had plowed the subject parking lot clear to the surface very shortly after the snow subsided, but did not apply salt or melting compound until hours after Plaintiff fell. Plaintiff fell on the unsalted parking surface sustaining severe injury approximately four hours after the plowing had concluded.
Plaintiff had a complicated recovery, which included multiple surgical procedures. Plaintiff’s employer also maintained a substantial workers’ compensation lien, which had to be compromised in order for the matter to be settled.
Plaintiff overcame defendants’ motions for summary disposition arguing open and obvious and lack of duty.
The matter settled via facilitation for $480,000.
Type of action: Negligence, premises liability
Type of injuries: Compound spiral fracture of right lower leg
Court/Case no./Date: Oakland County Circuit Court; 11-121926-NO; April 1, 2013
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Landscape Structures Recalls Oodle Swings Due to Injury 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: December 23, 2013
Recall number: 14-705
Recall Summary
Name of product:
Oodle Swings
Hazard:
The swing seat is suspended too close to the ground, posing an injury hazard to children who can get their legs caught underneath the swing seat.
Remedy:
View Details
Repair
Consumer Contact:
Landscape Structures toll-free at (888) 438-6574 from 8 a.m. to 5 p.m. CT Monday through Friday, or online at www.playlsi.com and click on U.S. Voluntary Product Recall at the bottom of the page for more information.
from the CPSC
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Recall date: December 23, 2013
Recall number: 14-705
Recall Summary
Name of product:
Oodle Swings
Hazard:
The swing seat is suspended too close to the ground, posing an injury hazard to children who can get their legs caught underneath the swing seat.
Remedy:
View Details
Repair
Consumer Contact:
Landscape Structures toll-free at (888) 438-6574 from 8 a.m. to 5 p.m. CT Monday through Friday, or online at www.playlsi.com and click on U.S. Voluntary Product Recall at the bottom of the page for more information.
from the CPSC
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Monday, January 13, 2014
Midwest Wholesale Issues Voluntary Recall of Boost Ultra, XZone Gold, Sexy Monkey, Triple MiracleZen Platinum, Magic for Men, "New" Extenze, and New XZen Platinum Marketed as a Dietary Supplements Due to the Presence of Undeclared Drug Ingredients
Contact:
Consumer:
Midwest Wholesale
(888) 514-7110
FOR IMMEDIATE RELEASE - January 9, 2014 - Nixa, MO, Midwest Wholesale is voluntarily recalling the following products and Lot numbers.
List of Products included in this Recall:
Boost Ultra
12 pill bottle, Lot#B70130, Exp 03/15
3 pill bottle, Lot#B70130, Exp 3/2015
1 pill pack, Lot#06012011, Exp 6/2014
XZone Gold
1 pill pack, Lot#130710GL, Exp 7/31/18
Sexy Monkey
1 pill pack, Exp 12/31/14
Triple MiracleZen Platinum
1 pill pack, Lot# OAWF1027, Exp 1/31/15 and Lot# OAWF1003, Exp 1/31/15
Magic for Men
12 pill bottle, Lot# GP808, Exp 10/16
1 pill pack, Lot#BN030613, Exp 2/6/15
"New" Extenze
30 pill box, Lot# 0512058, Exp 05/16
New XZen Platinum
1 pill pack, Lot#130520PL, Exp 5/31/17
This recall is being conducted to the consumer level. FDA analysis found these products to contain undeclared Sildenafil and/or Tadalafil, the active ingredients in FDA-approved prescription drugs used to treat erectile dysfunction (ED). These undeclared ingredients may interact with nitrates found in some prescription drugs, such as nitroglycerin, and may lower blood pressure to dangerous levels. Men with diabetes, high blood pressure, high cholesterol, or heart disease often take nitrates.
Consumers should stop using this product immediately and throw it away. Consumers who have experienced any negative side effects should consult a health care professional as soon as possible.
These products are labeled and intended to be used as dietary supplements for sexual enhancement. The products are packaged in 1 capsule blister packs, 3 pill bottles, 6 pill bottles, 12 pill bottles and 30 tablet boxes. These products were distributed to 20 selected retail locations in several states by Midwest Wholesale from August 1, 2013 to October 22, 2013.
Midwest Wholesale is notifying its retailers and customers by telephone and recall letter and is arranging for return of all recalled products. Consumers and retailers that have these products which are being recalled should stop consumption or further distribution and return to place of purchase or directly to Midwest Wholesale, 617 N Althea Ave, Nixa, MO 65714.
Consumers are requested to have their order number or proof of purchase.
Consumers with questions regarding this recall can contact Midwest Wholesale by phone (888-514-7110), Monday to Friday, 09:00am-5:00pm, Central Time. Consumers should contact their physician or healthcare provider if they have experienced any problems that may be related to taking or using this drug product.
Adverse reactions or quality problems experienced with the use of this product may be reported to the FDA's MedWatch-Adverse Event Reporting program either online, by regular mail or by fax.
Complete and submit the report online: www.fda.gov/medwatch/report.htm
Regular Mail or Fax: Download form www.fda.gov/MedWatch/getforms.htm, or call 1-800-332-1088 to request a reporting form, then complete and return to the address on the pre-addressed form, or submit by fax to 1-800-FDA-0178.
This recall is being conducted with the knowledge of the U.S. Food and Drug Administration.
From the FDA
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Consumer:
Midwest Wholesale
(888) 514-7110
FOR IMMEDIATE RELEASE - January 9, 2014 - Nixa, MO, Midwest Wholesale is voluntarily recalling the following products and Lot numbers.
List of Products included in this Recall:
Boost Ultra
12 pill bottle, Lot#B70130, Exp 03/15
3 pill bottle, Lot#B70130, Exp 3/2015
1 pill pack, Lot#06012011, Exp 6/2014
XZone Gold
1 pill pack, Lot#130710GL, Exp 7/31/18
Sexy Monkey
1 pill pack, Exp 12/31/14
Triple MiracleZen Platinum
1 pill pack, Lot# OAWF1027, Exp 1/31/15 and Lot# OAWF1003, Exp 1/31/15
Magic for Men
12 pill bottle, Lot# GP808, Exp 10/16
1 pill pack, Lot#BN030613, Exp 2/6/15
"New" Extenze
30 pill box, Lot# 0512058, Exp 05/16
New XZen Platinum
1 pill pack, Lot#130520PL, Exp 5/31/17
This recall is being conducted to the consumer level. FDA analysis found these products to contain undeclared Sildenafil and/or Tadalafil, the active ingredients in FDA-approved prescription drugs used to treat erectile dysfunction (ED). These undeclared ingredients may interact with nitrates found in some prescription drugs, such as nitroglycerin, and may lower blood pressure to dangerous levels. Men with diabetes, high blood pressure, high cholesterol, or heart disease often take nitrates.
Consumers should stop using this product immediately and throw it away. Consumers who have experienced any negative side effects should consult a health care professional as soon as possible.
These products are labeled and intended to be used as dietary supplements for sexual enhancement. The products are packaged in 1 capsule blister packs, 3 pill bottles, 6 pill bottles, 12 pill bottles and 30 tablet boxes. These products were distributed to 20 selected retail locations in several states by Midwest Wholesale from August 1, 2013 to October 22, 2013.
Midwest Wholesale is notifying its retailers and customers by telephone and recall letter and is arranging for return of all recalled products. Consumers and retailers that have these products which are being recalled should stop consumption or further distribution and return to place of purchase or directly to Midwest Wholesale, 617 N Althea Ave, Nixa, MO 65714.
Consumers are requested to have their order number or proof of purchase.
Consumers with questions regarding this recall can contact Midwest Wholesale by phone (888-514-7110), Monday to Friday, 09:00am-5:00pm, Central Time. Consumers should contact their physician or healthcare provider if they have experienced any problems that may be related to taking or using this drug product.
Adverse reactions or quality problems experienced with the use of this product may be reported to the FDA's MedWatch-Adverse Event Reporting program either online, by regular mail or by fax.
Complete and submit the report online: www.fda.gov/medwatch/report.htm
Regular Mail or Fax: Download form www.fda.gov/MedWatch/getforms.htm, or call 1-800-332-1088 to request a reporting form, then complete and return to the address on the pre-addressed form, or submit by fax to 1-800-FDA-0178.
This recall is being conducted with the knowledge of the U.S. Food and Drug Administration.
From the FDA
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Google and HP Recall HP Chromebook 11 Chargers Due to Fire and Burn Hazards; Charger Can Overheat and Melt
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: December 17, 2013
Recall number: 14-061
Recall Summary
Name of product:
HP Chromebook 11 power supply/charger
Hazard:
The computer’s charger can overheat and melt, posing fire and burn hazards.
Remedy:
View Details
Replace
Consumer Contact:
Google toll-free at (866) 628-1371 between 5 a.m. and 7 p.m. PT seven days a week, or online at http://chromebook.com and click on the Chromebook link at the top of the page and then click on Support for more information.
From the CPSC
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Recall date: December 17, 2013
Recall number: 14-061
Recall Summary
Name of product:
HP Chromebook 11 power supply/charger
Hazard:
The computer’s charger can overheat and melt, posing fire and burn hazards.
Remedy:
View Details
Replace
Consumer Contact:
Google toll-free at (866) 628-1371 between 5 a.m. and 7 p.m. PT seven days a week, or online at http://chromebook.com and click on the Chromebook link at the top of the page and then click on Support for more information.
From the CPSC
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Wahl Recalls Total Care Aerosol Cleaner Due to Burn 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: December 16, 2013
Recall number: 14-059
Recall Summary
Name of product:
Total Care, Aerosol Cleaner, Lubricant & Coolant
Hazard:
Vapors from the propellant in the Total Care product can ignite upon contact with hair clippers, posing a burn hazard to consumers.
Remedy:
View Details
Replace
Consumer Contact:
Wahl at (800) 767-9245 from 8 a.m. to 4:30 p.m. CT Monday through Friday or online at www.wahl.com and click on Recall for more information.
From the CPSC
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Recall date: December 16, 2013
Recall number: 14-059
Recall Summary
Name of product:
Total Care, Aerosol Cleaner, Lubricant & Coolant
Hazard:
Vapors from the propellant in the Total Care product can ignite upon contact with hair clippers, posing a burn hazard to consumers.
Remedy:
View Details
Replace
Consumer Contact:
Wahl at (800) 767-9245 from 8 a.m. to 4:30 p.m. CT Monday through Friday or online at www.wahl.com and click on Recall for more information.
From the CPSC
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Friday, January 10, 2014
$2.45 million Settlement: Child develops cerebral palsy in birth trauma
Defendants say delivery happened within half-hour of C-section being called
Plaintiff’s minor was delivered via emergency C-section at 41 weeks gestation. The last 90 minutes of labor were characterized by post-epidural hypotension, spontaneous rupture of membranes with meconium-stained fluid, and the onset of persistent nonreassuring FHTs, with 20-25 minutes of fetal bradycardia immediately prior to delivery.
Plaintiffs’ experts established that the hypotension was inadequately treated and that the standard of care required that the baby be delivered 20-30 minutes earlier.
Plaintiff minor was severely depressed at birth. The baby was intubated at 7 minutes of age. Seizure-like activity was noted at two hours, and body cooling was initiated at two hours and 20 minutes of life.
A 72-hour course of body cooling was completed. An MRI on day four of life revealed diffuse bilateral basal ganglia and white matter tract signal abnormalities most suggestive of hypoxic sequela. The child has been diagnosed with cerebral palsy and related quadriparesis with significant mental, motor and language delays.
Defendants argued that the delivery was timely, having been effectuated within 30 minutes of the time the C-section was called. Defendants further claimed that any brief delay in calling the C-section was not a proximate cause of plaintiff minor’s injuries.
Plaintiff’s counsel said that the key to obtaining a $2.45 million settlement was expert support from multiple specialists — including maternal-fetal medicine, obstetrics and gynecology, pediatric neurology and pediatric neuroradiology — in identifying the mechanism of injury and timing the insult.
Type of action: Medical malpractice
Type of injuries: Birth injury, cerebral palsy
Court/Case no./Date: Confidential; confidential; March 19, 2013
Settlement amount: $2.45 million
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Plaintiff’s minor was delivered via emergency C-section at 41 weeks gestation. The last 90 minutes of labor were characterized by post-epidural hypotension, spontaneous rupture of membranes with meconium-stained fluid, and the onset of persistent nonreassuring FHTs, with 20-25 minutes of fetal bradycardia immediately prior to delivery.
Plaintiffs’ experts established that the hypotension was inadequately treated and that the standard of care required that the baby be delivered 20-30 minutes earlier.
Plaintiff minor was severely depressed at birth. The baby was intubated at 7 minutes of age. Seizure-like activity was noted at two hours, and body cooling was initiated at two hours and 20 minutes of life.
A 72-hour course of body cooling was completed. An MRI on day four of life revealed diffuse bilateral basal ganglia and white matter tract signal abnormalities most suggestive of hypoxic sequela. The child has been diagnosed with cerebral palsy and related quadriparesis with significant mental, motor and language delays.
Defendants argued that the delivery was timely, having been effectuated within 30 minutes of the time the C-section was called. Defendants further claimed that any brief delay in calling the C-section was not a proximate cause of plaintiff minor’s injuries.
Plaintiff’s counsel said that the key to obtaining a $2.45 million settlement was expert support from multiple specialists — including maternal-fetal medicine, obstetrics and gynecology, pediatric neurology and pediatric neuroradiology — in identifying the mechanism of injury and timing the insult.
Type of action: Medical malpractice
Type of injuries: Birth injury, cerebral palsy
Court/Case no./Date: Confidential; confidential; March 19, 2013
Settlement amount: $2.45 million
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Doodlebutt Recalls Jelly BeadZ Jumbo BeadZ and Magic Growing Fruity Fun 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: December 12, 2013
Recall number: 14-056
Recall Summary
Name of product:
Water-absorbing polymer toys
Hazard:
These soft and colorful products can be mistaken by a child for candy. When swallowed, they can expand inside a child’s body and cause intestinal obstructions, resulting in severe discomfort, vomiting, dehydration and could be life threatening. Similar toys have not shown up on x-rays and needed surgery to be removed from the body.
Remedy:
View Details
Refund
Consumer Contact:
Doodlebutt, collect at (239) 313-9779 from 9 a.m. to 5 p.m. ET Monday through Friday or at e-mail whitmana@live.com.
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Recall date: December 12, 2013
Recall number: 14-056
Recall Summary
Name of product:
Water-absorbing polymer toys
Hazard:
These soft and colorful products can be mistaken by a child for candy. When swallowed, they can expand inside a child’s body and cause intestinal obstructions, resulting in severe discomfort, vomiting, dehydration and could be life threatening. Similar toys have not shown up on x-rays and needed surgery to be removed from the body.
Remedy:
View Details
Refund
Consumer Contact:
Doodlebutt, collect at (239) 313-9779 from 9 a.m. to 5 p.m. ET Monday through Friday or at e-mail whitmana@live.com.
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Trek Recalls Madone Bicycles Due to Crash Hazard; Front Brake Can Fail
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: December 12, 2013
Recall number: 14-055
Recall Summary
Name of product:
Trek model year 2013 Madone bicycles
Hazard:
The bicycle’s front brake can fail, posing a crash hazard.
Remedy:
View Details
Replace
Consumer Contact:
Trek at (800) 373-4594 from 8 a.m. through 6 p.m. CT Monday through Friday, or online at www.trekbikes.com and click on Safety and Recalls at the bottom of the page for more information.
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Recall date: December 12, 2013
Recall number: 14-055
Recall Summary
Name of product:
Trek model year 2013 Madone bicycles
Hazard:
The bicycle’s front brake can fail, posing a crash hazard.
Remedy:
View Details
Replace
Consumer Contact:
Trek at (800) 373-4594 from 8 a.m. through 6 p.m. CT Monday through Friday, or online at www.trekbikes.com and click on Safety and Recalls at the bottom of the page for more information.
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Thursday, January 9, 2014
$200,000 Settlement: 6-year-old girl injured on cheek, jawline, scalp from dog
Defense alleges child had accidentally provoked dog by engaging in rough play
Defendant homeowner was baby-sitting plaintiff’s minor, a 6-year-old girl, when the homeowner’s dog, an Alaskan Malamute, attacked and bit the girl. Plaintiff’s minor incurred injuries including cuts to the right cheek and jawline, which have resulted in “train track” scars. In addition, the child lost hair to the right eyebrow and scalp.
The issue in the case was provocation, as it was alleged that plaintiff’s minor had accidentally provoked the dog by playing with it in a rough fashion.
The matter settled for $200,000.
Type of action: Personal injury/dog bite
Type of injuries: Face and scalp injuries, hair loss, scarring
Name of case: Confidential
Court/Case no./Date: St. Clair County Circuit Court; confidential; Nov. 20, 2013
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Defendant homeowner was baby-sitting plaintiff’s minor, a 6-year-old girl, when the homeowner’s dog, an Alaskan Malamute, attacked and bit the girl. Plaintiff’s minor incurred injuries including cuts to the right cheek and jawline, which have resulted in “train track” scars. In addition, the child lost hair to the right eyebrow and scalp.
The issue in the case was provocation, as it was alleged that plaintiff’s minor had accidentally provoked the dog by playing with it in a rough fashion.
The matter settled for $200,000.
Type of action: Personal injury/dog bite
Type of injuries: Face and scalp injuries, hair loss, scarring
Name of case: Confidential
Court/Case no./Date: St. Clair County Circuit Court; confidential; Nov. 20, 2013
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Eight Retailers Recall 32” Coby Flat Screen Televisions Due to Fire and Burn 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: December 12, 2013
Recall number: 14-054
Name of product:
Coby 32-inch flat screen televisions
Hazard:
An electronic component can fail, catch fire and ignite nearby items, posing fire and burn hazards.
Remedy:
View Details
Refund Replace
Consumer Contact:
The U.S. company is out of business so eight retailers have stepped up to voluntarily recall the televisions.
ABC Warehouse: Toll-free at (855) 510-0070 or www.abcwarehouse.com for more information.
Best Buy: (800) 566-7498 or www.BestBuy.com and click on Product Recalls at the bottom of the page for more information.
Fry’s Electronics: Toll-free at (877) 688-7678 or www.frys.com for more information.
h.h. gregg: Toll-free at (888) 723-7385 or www.hhgregg.com for more information.
Nebraska Furniture Mart: (800) 359-1200 or www.nfm.com for more information.
P.C. Richard & Son: Toll-free at (866) 312-4493 or www.pcrichard.com for more information.
Sears/Kmart: Toll-free at (888) 852-3571 or www.sears.com or www.kmart.com and click on Product Recalls at the bottom of the page for more information.
Toys R Us: (800) 869-7787 or www.toysrusinc.com and click on Product Recalls at the bottom of the page for more information.
From the CPSC
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Recall date: December 12, 2013
Recall number: 14-054
Name of product:
Coby 32-inch flat screen televisions
Hazard:
An electronic component can fail, catch fire and ignite nearby items, posing fire and burn hazards.
Remedy:
View Details
Refund Replace
Consumer Contact:
The U.S. company is out of business so eight retailers have stepped up to voluntarily recall the televisions.
ABC Warehouse: Toll-free at (855) 510-0070 or www.abcwarehouse.com for more information.
Best Buy: (800) 566-7498 or www.BestBuy.com and click on Product Recalls at the bottom of the page for more information.
Fry’s Electronics: Toll-free at (877) 688-7678 or www.frys.com for more information.
h.h. gregg: Toll-free at (888) 723-7385 or www.hhgregg.com for more information.
Nebraska Furniture Mart: (800) 359-1200 or www.nfm.com for more information.
P.C. Richard & Son: Toll-free at (866) 312-4493 or www.pcrichard.com for more information.
Sears/Kmart: Toll-free at (888) 852-3571 or www.sears.com or www.kmart.com and click on Product Recalls at the bottom of the page for more information.
Toys R Us: (800) 869-7787 or www.toysrusinc.com and click on Product Recalls at the bottom of the page for more information.
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Wednesday, January 8, 2014
$274,000 Verdict: Man steps in arena parking deck hole, fractures foot
It’s contended city knew of defect for more than 90 days leading to injury
On Nov. 14, 2009, plaintiff was walking in the Joe Louis Arena parking garage following a Detroit Red Wings game. As plaintiff walked around the corner of the spiral stairway located near the fifth floor of Tower B, he stepped into a hole, which was more than 2 inches deep. Photographs depict the size, depth and condition of the hole at the time of the incident.
plaintiff suffered a nondisplaced Jones fracture of the right foot, fractures at the proximal aspect of the fifth metatarsal, and a right ankle sprain. Three years after the incident, plaintiff had significant residuals, which were expected to be permanent in nature. His medical bills were in excess of $9,500 and his wage loss in excess of $29,500.
Plaintiff argued that the open and obvious doctrine did not apply, as defendant has a statutory duty to maintain the area, which is considered a public building under defendant’s control and is open for use by members of the public.
In addition, it was contended that defendant had constructive knowledge of the defect and failed to remedy the defective condition after a reasonable period of time, as the characteristics of the hole and the rust on the reinforcing bar within the concrete show that the hole would have existed for an extended period of time.
Plaintiff also asserted that there was no dust or debris present in the hole, which indicated that employees and/or agents of the city were cleaning the area prior to plaintiff fall, meaning that there had been actual notice of the hole.
A concrete expert testified that based on the characteristics of the hole at the time plaintiff injured himself, it was in existence for more than 90 days, which means notice and adequate time to repair is conclusively presumed, under MCL 691.1406.
A Wayne County jury determined that defendant failed to properly repair and maintain the area in which plaintiff was injured. The jury found no comparative negligence, as plaintiff testified that he could not see the hole prior to stepping into it, because of the wall-to-wall crowd of people around him. In addition, he was not under the influence of drugs or alcohol, and was walking at a normal pace.
Type of action: Public building defect
Type of injuries: Right foot fracture
Court/Case no./Date: Wayne County Circuit Court; 11-013755-NO; May 1, 2013
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On Nov. 14, 2009, plaintiff was walking in the Joe Louis Arena parking garage following a Detroit Red Wings game. As plaintiff walked around the corner of the spiral stairway located near the fifth floor of Tower B, he stepped into a hole, which was more than 2 inches deep. Photographs depict the size, depth and condition of the hole at the time of the incident.
plaintiff suffered a nondisplaced Jones fracture of the right foot, fractures at the proximal aspect of the fifth metatarsal, and a right ankle sprain. Three years after the incident, plaintiff had significant residuals, which were expected to be permanent in nature. His medical bills were in excess of $9,500 and his wage loss in excess of $29,500.
Plaintiff argued that the open and obvious doctrine did not apply, as defendant has a statutory duty to maintain the area, which is considered a public building under defendant’s control and is open for use by members of the public.
In addition, it was contended that defendant had constructive knowledge of the defect and failed to remedy the defective condition after a reasonable period of time, as the characteristics of the hole and the rust on the reinforcing bar within the concrete show that the hole would have existed for an extended period of time.
Plaintiff also asserted that there was no dust or debris present in the hole, which indicated that employees and/or agents of the city were cleaning the area prior to plaintiff fall, meaning that there had been actual notice of the hole.
A concrete expert testified that based on the characteristics of the hole at the time plaintiff injured himself, it was in existence for more than 90 days, which means notice and adequate time to repair is conclusively presumed, under MCL 691.1406.
A Wayne County jury determined that defendant failed to properly repair and maintain the area in which plaintiff was injured. The jury found no comparative negligence, as plaintiff testified that he could not see the hole prior to stepping into it, because of the wall-to-wall crowd of people around him. In addition, he was not under the influence of drugs or alcohol, and was walking at a normal pace.
Type of action: Public building defect
Type of injuries: Right foot fracture
Court/Case no./Date: Wayne County Circuit Court; 11-013755-NO; May 1, 2013
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IKEA Recalls Children’s Wall-Mounted Lamps Due to Strangulation Hazard; One Child Death 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: December 11, 2013
Recall number: 14-052
Previous Next
Recall Summary
Name of product:
Children’s wall-mounted lamps
Hazard:
A 16-month-old child in a crib died after getting entangled in the lamp’s cord. In a separate incident, a 15-month-old child in a crib became entangled in the lamp’s cord and nearly strangled. In both incidents, which occurred in Europe, the lamp cord was pulled into the crib by the infants, creating a strangulation hazard.
Consumer Contact:
Contact IKEA toll-free at (888) 966-4532 anytime or online at www.ikea-usa.com and click on the Recall link at the top of the page for more information.
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Recall date: December 11, 2013
Recall number: 14-052
Previous Next
Recall Summary
Name of product:
Children’s wall-mounted lamps
Hazard:
A 16-month-old child in a crib died after getting entangled in the lamp’s cord. In a separate incident, a 15-month-old child in a crib became entangled in the lamp’s cord and nearly strangled. In both incidents, which occurred in Europe, the lamp cord was pulled into the crib by the infants, creating a strangulation hazard.
Consumer Contact:
Contact IKEA toll-free at (888) 966-4532 anytime or online at www.ikea-usa.com and click on the Recall link at the top of the page for more information.
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Tuesday, January 7, 2014
$1 million Settlement: College student hit by car while crossing street
Defendants argue injuries were minor, didn’t meet threshold; case is settled
Plaintiff, a Wayne State University senior, was struck by defendant’s vehicle in broad daylight while properly crossing on a green light in a marked crosswalk. Defendant admitted to having bad peripheral vision, and eventually defendants admitted negligence to operation of a motor vehicle; however, defendants did not admit proximate cause of the injuries or that plaintiff suffered injuries to meet the serious impairment threshold.
Plaintiff’s doctor performed a microdiscectomy on her injured disc and several nerve blocks. Plaintiff’s doctors have disabled her from employment both for the physical injuries to her spine and for the traumatic brain injury. Plaintiff did complete her final semester despite the injuries.
Defendants argued that plaintiff never lost consciousness; that she suffered no blow to the head; that the injuries to her spine were minor in nature and she should be fully recovered; and that any psychological issues pre-existed prior to the incident. In addition, it was asserted that plaintiff not only is not disabled, but she also can return to work and school.
Type of action: Third-party auto negligence
Type of injuries: Traumatic brain injury, herniated discs
Court/Case no./Date: Wayne County Circuit Court; 11-014810-NI; July 23, 2013
Settlement amount: $1 million
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Plaintiff, a Wayne State University senior, was struck by defendant’s vehicle in broad daylight while properly crossing on a green light in a marked crosswalk. Defendant admitted to having bad peripheral vision, and eventually defendants admitted negligence to operation of a motor vehicle; however, defendants did not admit proximate cause of the injuries or that plaintiff suffered injuries to meet the serious impairment threshold.
Plaintiff’s doctor performed a microdiscectomy on her injured disc and several nerve blocks. Plaintiff’s doctors have disabled her from employment both for the physical injuries to her spine and for the traumatic brain injury. Plaintiff did complete her final semester despite the injuries.
Defendants argued that plaintiff never lost consciousness; that she suffered no blow to the head; that the injuries to her spine were minor in nature and she should be fully recovered; and that any psychological issues pre-existed prior to the incident. In addition, it was asserted that plaintiff not only is not disabled, but she also can return to work and school.
Type of action: Third-party auto negligence
Type of injuries: Traumatic brain injury, herniated discs
Court/Case no./Date: Wayne County Circuit Court; 11-014810-NI; July 23, 2013
Settlement amount: $1 million
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PackTite Recalls Bed Bug Heating Units 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: December 10, 2013
Recall number: 14-048
Recall Summary
Name of product:
PackTite™ Heating Units for Bed Bug Control
Hazard:
The bed bug heaters can overheat, melt and cause a fire, posing a fire hazard.
Remedy:
View Details
Replace
Consumer Contact:
PackTite toll-free at (866) 520-7952 from 8 a.m. to 8 p.m. MT, by email at recall@packtite.com, or online at www.packtite.com and click on Product Recall for more information.
From the CPSC
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Recall date: December 10, 2013
Recall number: 14-048
Recall Summary
Name of product:
PackTite™ Heating Units for Bed Bug Control
Hazard:
The bed bug heaters can overheat, melt and cause a fire, posing a fire hazard.
Remedy:
View Details
Replace
Consumer Contact:
PackTite toll-free at (866) 520-7952 from 8 a.m. to 8 p.m. MT, by email at recall@packtite.com, or online at www.packtite.com and click on Product Recall for more information.
From the CPSC
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