Arctic Cat Recalls Off-Highway Utility Vehicles Due to Fuel Leak and 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: March 18, 2014
Recall number: 14-724

Recall Summary
Name of product:

Arctic Cat Prowler 500 HDX
Hazard:

Fuel can leak from the fuel fitting at the throttle body of the vehicle, posing a fire hazard.

Consumer Contact:
Arctic Cat at (800) 279-6851 from 8 a.m. to 5 p.m. CT Monday through Friday or online at www.arcticcat.com and click on Customer Care, then Product Recall and then List of Safety Bulletins for more information.

From the CPSC

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$50,000 Verdict: Hit-and-run victim sought UM benefits

Carrier: injuries degenerative, not traumatic

Plaintiff brought forth a claim for uninsured motorist bodily injury benefits against defendant 21st Century Insurance Company, arising out of a hit-and-run collision on Detroit’s east side on Sept. 9, 2011. Plaintiff’s SUV was struck on the rear driver’s side at the residential intersection of Casino Avenue and Landsdowne Street.

Plaintiff did not immediately feel his injuries but went to urgent care the day after the crash. He followed up with the emergency room the day after that, complaining of pain in his neck, back, shoulders and head. Thereafter, he received chiropractic treatment and physical therapy.

MRIs revealed herniated discs in his neck and lower back. Plaintiff underwent a translaminar lumbar epidural steroid injection and two SI joint injections. He missed one year of work as a Hi-Lo operator.

Defendant argued liability, citing that plaintiff had a stop sign at the intersection whereas the hit-and-run driver did not. In support, defendant provided testimony from an accident reconstructionist who performed an analysis. Additionally, defendant’s medical experts asserted that the problems in plaintiff’s neck and back were degenerative rather than traumatic in nature.

After a four-day trial, the jury deliberated for an hour and found that the hit-and-run driver’s negligence was a proximate cause of plaintiff’s injuries and awarded plaintiff $50,000.

Type of action: Uninsured motorist bodily injury

Type of injuries: Cervical and lumbar herniations

Court/Case no./Date: Wayne County Circuit Court; 12-000653-NI; Jan. 24, 2014

Verdict amount: $50,000

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MobilePower Recalls Multi-Function Power Packs Due to Fire Hazard; Sold Exclusively by QVC (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: March 14, 2014
Recall number: 14-723

Recall Summary
Name of product:

MobilePower Instant Boost 500 power packs
Hazard:

The power packs can overheat, posing a fire hazard.

Consumer Contact:
QVC at (800) 367-9444 from 7 a.m. to 1 a.m. ET Monday through Friday, or online at www.qvc.com and click on Product Recall Info for more information.

From the CPSC

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Nursing Home Employee Charged with Assault

Posted by Lara Greenberg on WNEP.com

NEWPORT TOWNSHIP — A person who was responsible for the care of an elderly patient is now charged with abuse in Luzerne County. The investigation into this case began last year.

It was back in the sunny days of June when abuse was first reported at the Guardian Elder Care Center near Nanticoke. Now, nine months later, Tonya Harlos, 27, of Mocanaqua, is charged with assault and neglect.

According to court papers, Harlos was an employee at the nursing home, caring for an elderly dementia patient. The patient told police she had a fight with Harlos and that Harlos had grabbed her arms and bruised her. She also said Harlos covered her face with a pillow, took one of her dolls, and left.

Raymond Luczak lives next door to Harlos’ home in Mocanaqua. He’s 82 years old and says Harlos is nothing but nice to him.

“She always says hi. She bought me food. She invited me over for dinner,” said Luczak.

But court papers paint a different picture. According to them, Harlos told police the patient tried to bite and punch her. Harlos said she held down the patient’s arms to protect herself and denied covering her face with the pillow.

But another worker at the facility told police she saw Harlos hold the pillow over the woman’s face for several seconds.

In June, Guardian Elder Care released this statement:

“The facility is working in conjunction with local law enforcement and all other appropriate regulatory agencies to ensure ongoing resident safety.”

“I’m shocked. I didn’t think she was, I didn’t think she was that type. She didn’t look like the mean type,” said Luczak.

One note: according to court papers, doctors say despite the dementia, the patient is still able to accurately identify the workers and describe what happened.

Tonya Harlos is locked up in Luzerne County.

It’s still unclear if she had continued to work at the nursing home after the abuse case was first reported back in June.

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$157,433 Verdict: Bicyclist in hit-and-run sought benefits reimbursement

Cocaine, alcohol found in blood on day of accident

Plaintiff had been involved in three accidents in 2007, 2009 and 2011. In each accident he was riding a bicycle and was struck by an automobile, though no contemporaneous police presence, report or evidence could support each accident. Plaintiff claimed to have been severely injured in his 2007 accident, and that he required fusion surgery for his neck and multiple surgeries for his knee.

Bystanders to the Nov. 27, 2011, accident told paramedics that plaintiff had been struck by a vehicle, which left the scene, and had lost consciousness at the scene of the accident.

Defendant State Farm was assigned as plaintiff’s carrier by the state’s Assigned Claims Facility. Defendant contested both the occurrence of the accident and plaintiff’s sustaining any injuries therefrom, and took the position that any injuries were pre-existing. Defendant also filed a motion to exclude the bystander testimony as hearsay, which the court granted.

Plaintiff was easily flustered and gave conflicting testimony both at his deposition testimony and on the stand. This including his denying recent substance abuse, although both cocaine and alcohol were found in his bloodstream on the day of the 2011 accident.

Plaintiff argued that defendant sent letters to plaintiff’s medical providers stating that the accident and the claims were under investigation, but that defendant made no effort to actually investigate the accident or claims.

The jury awarded plaintiff $136,279.54 in allowable expenses, $4,800 in replacement service expenses and $16,353.54 in interest.

Type of action: First-party no-fault

Type of injuries: Neck, back and knee, suspected closed-head injury

Court/Case no./Date: Wayne County Circuit Court; 12-005414-NF; Feb. 12, 2014

Verdict amount: $157,433

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BMC Recalls Stromer Electric Bicycles Due to Crash and Injury 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: March 13, 2014
Recall number: 14-130

Recall Summary
Name of product:

Stromer ST1 electric bicycles
Hazard:

The bicycle fork can break, posing a crash and injury hazard to the rider.
Remedy:
View Details
Replace
Consumer Contact:

BMC-USA at (800) 819-4262 from 10 a.m. to 5 p.m. ET Monday through Friday, online at www.stromer.ch and click on Fork Recall for more information, or email andrew.gelles@bmc-switzerland.com for more information.
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$1,405,000 Settlement: Patient misdiagnosed in ER died from sepsis

Lab results showed suspicion of fasciitis

Plaintiff, a 43-year-old man, went to defendant hospital’s emergency room Sept. 5, 2010, at approximately 5 p.m. The hospital had defendant doctor, an emergency medicine physician three months out of his residency program, to care for the patient.

The patient’s estate contended that at the time of the patient’s ER visit, his history, physical examination findings and laboratory findings showed him to be septic with a strong suspicion for necrotizing fasciitis. Plaintiff further contended that defendant doctor erroneously diagnosed gastroenteritis and shoulder sprain, and sent the patient shortly after 9 p.m.

The patient returned to the ER room the next day at approximately 8 a.m. At approximately 11:30 a.m. the patient’s blood pressure bottomed out and he went into septic shock. By 11:45 p.m. the patient was dead from septic shock and necrotizing fasciitis.

In his deposition, defendant doctor admitted that plaintiff’s decedent’s fever, high heart rate, elevated white count, bandemia and increased creatinine were signs that the patient was septic on Sept. 5. The doctor also admitted that plaintiff’s decedent’s clinical picture and lab results were consistent with sepsis and necrotizing fasciitis.

Plaintiff contended that these clear indicators of sepsis, taken in conjunction with plaintiff’s unexplained and continued pain in the left axillary area, should have led to a diagnosis of sepsis and suspected necrotizing fasciitis. Plaintiff further asserted that the patient should have received immediate antibiotic treatment for the sepsis and immediate surgical consultation and treatment for the necrotizing fasciitis.

The matter settled for $1,405,000.

Type of action: Medical negligence

Type of injuries: Death

Court/Case no./Date: Confidential; confidential; Feb. 24, 2014

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ZLP Manufacturing Recalls Hornet Zip Line Trolleys Due to Fall 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: March 07, 2014
Recall number: 14-720

Recall Summary
Name of product:

LP Hornet zip line trolleys
Hazard:

The retaining pin can release and cause the two side plates of the trolley to separate and fall off the zip line, posing a fall hazard.

Remedy:
Repair

Consumer Contact:
ZLP Manufacturing toll-free at (888) 771-2579 from 8:30 a.m. to 5 p.m. PT Monday through Friday or online at www.zlpmanufacturing.com and click on the recall link at the top of the page for more information.

From the CPSC

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$715,000 Settlement: Trucker ‘slammed’ on brakes on freeway

Plaintiff had marijuana in his system

Plaintiff was driving westbound on Interstate 94 near Rotunda Drive in Dearborn in the evening. He was operating a smaller motor vehicle and drove in the far right lane, obeying the speed limit.

A large truck with an attached trailer was traveling directly in front of plaintiff. Defendant truck driver abruptly applied on his brakes in response to a rolling tire on the freeway, causing plaintiff to run into the trailer and collide violently. Marijuana and opiates were found in plaintiff’s system.

Defendant’s expert testified that plaintiff was traveling 20 mph faster than the truck, and a treating physician noted that plaintiff had leaned over to check a bag before the impact.

Plaintiff had no memory of how the accident occurred and was unable to assist with the liability argument. In deposition, plaintiff’s counsel did get the defendant driver to admit that he “slammed” on his brakes. In addition, defendant’s expert testified that defendant could have taken alternative measures rather than abruptly applying the brakes.

The matter settled at facilitation for $715,000.
Type of action: Third-party auto negligence
Type of injuries: Closed-head injury, fractured ribs, sternum and clavicles, punctured lungs, ankle and knee injuries
Court/Case no./Date: Confidential; confidential; Feb. 24, 2014
Settlement amount: $715,000

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Design Ideas Recalls Magnets Due to Risk of Ingestion

Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: March 06, 2014
Recall number: 14-126

Recall Summary
Name of product:

Design Ideas and Neatlife Rubber Ducky Magnets, and Design Ideas Blowfish and Splat Magnets
Hazard:

The small magnets can easily detach from the product. If swallowed, magnets can link together inside a child's intestines and clamp onto body tissues, causing intestinal obstructions, perforations, sepsis and death. Internal injury from magnets can pose serious lifelong health effects.
Remedy:
View Details
Refund
Consumer Contact:

Design Ideas at (800) 426-6394 from 8 a.m. to 5 p.m. CT Monday through Friday or online at and www.designideas.net  and click on “Safety Notices and Patents” for more information.

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$230,000 Arbitration: Truck left scene after rear-ender by plaintiff

Head injury was not pre-existing

Plaintiff driver collided with the rear of a pickup truck on a main road, but the truck did not stop and left the scene of the accident. Plaintiff called the police and sought treatment 10 days after the accident.

Plaintiff incurred a closed-head injury, posterior disc herniations with annular tears, disc bulges, post-concussive syndrome, myofacial pain, headaches and cervical and lumbar radiculopathy. Despite the injuries, plaintiff opted for conservative treatment only and refused surgery.

Both parties disputed liability, as defendant claimed that because plaintiff had rear-ended the truck, plaintiff was negligent. In addition, defendant downplayed the severity of the accident and alleged that plaintiff’s injuries were pre-existing.

At arbitration, plaintiff was awarded $230,000.

Type of action: Uninsured motorist

Type of injuries: Closed-head injury, posterior disc herniations, disc bulges, post-concussive syndrome, cervical and lumbar radiculopathy

Name of case: Confidential

Court/Case no./Date: Confidential; confidential; Dec. 30, 2013

Arbitration award: $230,000
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Tektro USA and TRP Recall Bicycle Mechanical Disc Brake Calipers Due to 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: March 06, 2014
Recall number: 14-127

Recall Summary
Name of product:

Spyre and Spyre SLC dual-piston mechanical disc brake calipers
Hazard:

The brake cable actuator arm can over-rotate, dislocating parts, causing the brake calipers to fail. Lack of brakes results in loss of control and a crash hazard, posing a risk of injury to the rider and others
Remedy:
View Details
Replace
Consumer Contact:

Tektro USA or TRP customer service toll free at (877) 807-4162 from 8 a.m. to 4 p.m. MT Monday through Friday, e-mail info@trpbrakes.com or online at www.tektro-usa.com or www.trpbrakes.com  and click on “View All” in the Latest News box, then click on the Spyre Recall for more information.

From the CPSC
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$326,300 Verdict: Wreck as cause of injuries disputed

Plaintiffs able to show basis in accident

In a third-party no-fault lawsuit filed in Wayne County Circuit Court, plaintiffs sought compensatory damages from defendant on claims of auto negligence.

Liability was the primary issue in this case, as both parties argued that they had a green light.

Defendant argued that plaintiffs had significant prior injuries to their spines and that plaintiff had prior complaints of radiculapothy in his left knee. Defendant also presented the theory that plaintiff fabricated his claim that his injuries were caused by the accident, and alleged that plaintiff switched positions with (the driver) after the accident.

Plaintiffs were able to successfully meet their burden, showing that the injuries caused by this accident were in fact new injuries and the knee surgery that plaintiff underwent was a direct result of the motor vehicle accident.

Type of action: Third-party no-fault
Type of injuries: Left knee medial meniscal tear, lumbar and cervical herniations
Court/Case no./Date: Wayne County Circuit Court; 12-003766-NI; Feb. 14, 2014
Tried before: Jury
Demand: $196,800
Highest offer: $5,000
Verdict amount: $326,300

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Air Movers Recalled by Packaging Tape Inc. 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: March 06, 2014
Recall number: 14-125

Recall Summary
Name of product:

Air movers/blowers
Hazard:

The air mover/blower's thermal switch can fail and cause the motor to overheat, posing a fire hazard.
Remedy:
View Details
Refund
Consumer Contact:

Packaging Tape toll-free at (855) 800-1091 from 8 a.m. to 5 p.m. ET Monday through Friday or online at www.CleanFreak.com and click on the “Recall Alert!” button for more information.

From the CPSC

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Twin-Star Recalls Duraflame Electric Space Heaters 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: March 05, 2014
Recall number: 14-120

Recall Summary
Name of product:

Duraflame electric space heaters
Hazard:

The heater can overheat and cause the units to melt, catch fire and ignite nearby items, posing a fire and burn hazard to consumers.
Remedy:
View Details
Refund
Consumer Contact:

Twin-Star toll-free at (855) 884-9651 from 9 a.m. to 6 p.m. ET Monday through Friday or online at www.twinstarhome.com and click on “Product Recall” in red at the bottom of the page under the Support column for more information.

From the CPSC

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CPSC Warns Consumers of the Deadly Dangers of Storage and Toy Chests; 34 Deaths Reported

March 5, 2014
Release Number: 14-121


WASHINGTON, D.C. – Following the deaths of two siblings in Massachusetts, the U.S. Consumer Product Safety Commission (CPSC) is renewing its warning to consumers about the dangers associated with storage, cedar, hope and toy chests. Lids on millions of storage chests and trunks can automatically latch shut, locking children inside and suffocating them. In addition, the lid supports on older toy chests can fail to prevent the lid from closing suddenly, entrapping or strangling children by the head or neck.

Storage and toy chest incidents have occurred when children climbed into chests to hide or sleep. The children could not get out and suffocated in the enclosed space because these spaces are airtight with no ventilation. Other children were strangled while reaching for items in a chest and the lid fell onto them or because their necks became entrapped between the chest’s walls and its lid.

CPSC has received reports of 34 deaths since 1996 involving children younger than 18. Tragically, in January 2014, a brother and sister in Franklin, Mass. suffocated to death after becoming trapped inside a 75-year-old Lane cedar chest recalled in 1996. 

Types of chests with these hazards include toy chests, cedar chests, cedar trunks, cedar boxes, hope chests, blanket chests, storage benches, and storage trunks. These chests may be located in living areas or bedrooms and used daily, or stored in attics, basements or garages.  They often are passed down as family heirlooms or found in resale stores.

CPSC is working with and appreciates the cooperation of the National Association of Resale Thrift Shops (NARTS), Goodwill Industries, and the Salvation Army to take steps to ensure that resale store managers and staff do not accept or sell chests that have been recalled or pose a danger to children. Consumers are also urged not to purchase or sell any recalled chest that has not been repaired. About 27 companies have taken action to correct more than 14 million toy and storage chests that posed a suffocation, strangulation or injury risk.

CPSC is advising consumers to remove the latch from the recalled Lane and Virginia Maid brand cedar chest made between 1912 and 1987 and to contact Lane for free replacement hardware. Twelve million chests were recalled in 1996. 

For all other chests that have not been recalled but have an automatic latch/lock, disable or remove the lock and check with the chest manufacturer to see if the manufacturer is offering replacement hardware.

If the lid support does not keep the lid open in every position, you should remove the lid’s support or replace it with a spring-loaded lid support that will keep the lid open in any position. Remove or replace an unsafe adjustable lid support on these toy chests.  In addition, all toy chests should have ventilation holes that are not blocked by the floor or against the wall.  These are key safety provisions of the federal toy standard, ASTM F963-07.

From the CPSC

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Mammut Recalls Crevasse Rescue Devices 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: February 27, 2014
Recall number: 14-118

Recall Summary
Name of product:

Mountain climbing rescue devices
Hazard:

The pull cord lock cam can fail, posing a risk of death and injury during a rescue.
Remedy:
View Details
Repair
Consumer Contact:

Mammut at (800) 451-5127 from 9 a.m. to 5 p.m. ET Monday through Friday, online at www.mammut.com and click on the “RescYou Recall” for more information, or email to info@mammutusa.com.

From the CPSC

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New death benefits law ‘restores certainty’

By: Douglas Levy Michigan Lawyers Weekly   

Life Insurance ClaimPeople who hold insurance trusts now have clarification as to who receives death benefits from those trusts, under new laws signed by the governor last month.

But because of recent changes to the estate tax laws, Holland attorney Mark K. Harder said that he doesn’t expect a stampede of people clamoring to form an insurance trust as a result.

A life insurance trust is an irrevocable, nonamendable trust that is both the owner and beneficiary of one or more life insurance policies. When the insured dies, the trustee invests the insurance proceeds and administers the trust for one or more beneficiaries.

Owners of life insurance have long been required to have an insurable interest in the life of the insured under the policy. But Public Acts 7 and 8, signed by Gov. Rick Snyder on Feb. 11, make clear when that longstanding requirement has been fulfilled, and describe circumstances under which the trustee will have an insurable interest in the life of the grantor of the trust.

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Yamaha Recalls Off-Road Motorcycles Due to Crash 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: February 26, 2014
Recall number: 14-717
Previous Next

Recall Summary
Name of product:

Yamaha competition off-road motorcycles
Hazard:

The off-road motorcycle’s drive chain can detach and cause the rider to lose control, posing a crash hazard.
Remedy:
View Details
Repair
Consumer Contact:

Yamaha at (800) 962-7926 anytime or online at www.yamahamotorsports.com and under the Sports tab, subcategory Motorcycles-Off-Road, click on Parts and Service, then Factory Modification Campaigns, then models YZ250FE and YZ450FE for more information.

From the CPSC

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Polaris Recalls Ranger Recreational Off-Highway Vehicles Due to Crash 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: February 25, 2014
Recall number: 14-716

Recall Summary
Name of product:

Recreational off-highway vehicles
Hazard:

The vehicles’ throttle cable can melt on the exhaust pipe and fail to operate properly. This can cause the rider to lose control, posing a crash hazard.
Remedy:
View Details
Repair
Consumer Contact:

Polaris toll-free at (888) 704-5290 from 8 a.m. to 5 p.m. CT Monday through Friday, or online at www.polarisindustries.com and select the Services and Support tab, then click on Help Center, then Common Rider Questions, then Service bulletins/recalls to check your vehicle identification number (VIN).

From the CPSC

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