Maryland Accident Law Blog

A lawsuit filed by an anonymous “Company Doe” seeks to block “baseless allegations” on a new website that allows consumers to post information on hazardous products. The website, SaferProducts.gov, represents an effort to “crowdsource” reporting of dangerous and defective products in the marketplace. The Consumer Products Safety Commission (CPSC) created the site and lunched it about six months ago. The lawsuit brings to light concerns raised by business groups that the website creates the potential for consumers to defame companies by posting false, misleading, or inaccurate information. One side of this dispute involves the right of manufacturers to do business without false disparagement. On the other side is the public’s interest in freely available information on hazardous products.

The CPSC is an independent agency of the federal government with a mandate to protect the public "against unreasonable risks of injuries associated with consumer products." It regulates over 15,000 different consumer products by investigating claims of faulty, defective, or hazardous products. It can then issue recalls of products already released into the market or ban products yet to be released. In addition to SaferProducts.gov, the agency operates the National Electronic Injury Surveillance System (NEISS) which collects data on injuries caused by dangerous products from emergency rooms. Congress passed the Consumer Product Safety Improvement Act in 2008, which authorized the creation of a public database to collect information on product concerns.

In its first four months, according to the Government Accountability Office, the website received 5,464 consumer complaints. Of those, the CPSC found 383 of them to be “materially inaccurate.” In 204 of those reports, consumers had incorrectly identified the manufacturers of the allegedly hazardous products. The total number of reports received, while possibly low because of lack of widespread knowledge of the system yet, may be considerably lower than the number of reports received by the CPSC through its other programs. Annually, it collects over 360,000 reports through NEISS, 23,000 reports directly from manufacturers, and around 15,000 reports through the agency’s website and hotline.

SaferProducts.gov is the first service that gives members of the public the opportunity to directly report problems, and to access information reported by others. The CPSC clearly disclaims that it “does not guarantee the accuracy, completeness, or adequacy of the contents” of the website’s database. This potentially presents a problem both for manufacturers who may find themselves unfairly maligned, and for a public needing accurate and up-to-date information on hazardous products.

Continue reading "Reliability of Federal Product Safety Database Questioned in Lawsuit" »

Beginning today, the federal government’s new crib safety standards are in effect, which means that drop-side cribs can no longer be sold, manufactured, or distributed. Manufacturers, retailers, and distributors must also adhere to the other new requirements, including:

• Stronger crib slats
• Tougher mattress support
• More durable crib hardware
• More rigorous testing

Our Baltimore products liability law firm is pleased to hear about the tougher measures that are now in effect and hopefully decrease the chances of child injuries or deaths in a crib, which is supposed to be one of the few safe places a parent or guardian can leave their child unsupervised. However, this has not been the case in recent years. The CPSC has had to recall over 11 million cribs since 2007 because of possible safety hazards and over the last decade, defective cribs and faulty crib hardware have caused at least 32 deaths involving suffocation or strangulation.

Drop-side cribs have proven especially dangerous, with their sides that risk of becoming detached or collapsing. Fall accidents resulting in head injuries, entrapment from a baby getting stuck between the side of the crib and the mattress, and other serious injuries have also occurred.

Even with these new standards now in effect, it is important to note that hotels, day care providers, and crib rental companies still have until December 28, 2012 to comply with them, which means that your child could end up in a defective crib if you don’t double check to make sure that the crib does in fact meet the new safety standards.

Safer Cribs for Babies Available Starting Today, CPSC, June 28, 2011

Consumer Product Safety Improvement Act of 2008 (CPSIA)

Crib safety tips, Consumer Reports

Juvenile Products Manufacturers Association

More Blog Posts:
Nearly 800,000 Dorel Child Safety Seats Recalled, Washington DC Injury Lawyers Blog, February 16, 2011

Preventing Maryland Injuries to Children: Latest CPSC Baby Product Recalls Include Recliners, Pacifiers, Playards and Drop-Side Cribs, Maryland Accident Law Blog, July 26, 2010

Simplicity Drop-Side Cribs Linked to Eleventh Infant Death, Maryland Accident Law Blog, December 21, 2009

Continue reading "New Crib Safety Standards Aim to Protect Infants and Toddlers from Injury and Death" »

Another person has recently stepped forward to sue DeRoyal Industries for products liability. The plaintiff, Toleda Rotolo, claims that she sustained permanent tissue damage after using a DeRoyal T505 cold therapy unit on her one of her. Rotolo contends that as a result of her personal injuries, she will have to keep receiving ongoing and extensive medical care.

In her dangerous drug complaint, Rotolo claims that not only did the defendant make a product that was unreasonably dangerous, but also it failed to provide adequate warnings to health care professionals and patients about the injury risks involved. She wants damages for suffering, pain, emotional trauma, disfigurement, physical impairment, and medical expenses.

Rotolo’s personal injury lawsuit is one of a growing number of complaints over cold therapy while the questions over whether consumer-run machines meant for home use are safe. The units are supposed to help with swelling and pain by exposing the injured body parts to cold and heat for hours. The cold therapy is supposed to limit blood flow to the injured area, decelerate the nerve impulses letting you know that you are hurting, and help distract your mind from pain. However, there have been complaints claiming that the medical devices may cause skin damage, frostbite, nerve damage, or increase the risk of limb amputation.

In Maryland, it is important that you work with an experienced Baltimore products liability law firm that knows how to prove liability in your defective medical device case. Unfortunately, there are some medical devices that do manage to end up getting FDA approval even though they may cause serious injury or health complications to users. You will want to work with someone who understands the complexities involved with your type of lawsuit and isn’t afraid to pursue recovery from manufacturers.

DeRoyal T505 cold therapy unit

Food and Drug Administration

More Blog Posts:
Are Bed Rails a Maryland Nursing Home Hazard?, Maryland Accident Law Blog, March 18, 2011

US Lawmakers Seek to Reinstate Right to Sue Medical Device Makers for Personal Injury and Wrongful Death, Maryland Accident Law Blog, February 19, 2011

It is important for you to know that you know that if you were injured or became sick from taking a prescription or over-the-counter medication, you may be able to obtain Maryland injury damages by filing a dangerous drug lawsuit. Unfortunately, even though drug manufacturers are supposed to make sure that their medications are safe for patients to use, and warn of possibly dangerous side effects, this isn’t always the case.

In recent products liability news, a woman who took Humira to treat her Crohn’s disease is suing Abbott Laboratories because she says that the drug Humira caused her to sustain permanent damage to her optic nerves. Jamie Bixby says that when she called the drug manufacturer’s helpline to report that she was experiencing eye pain, a nurse told her that the symptoms weren’t related to Humira. Bixby eventually sought emergency care when one of her eyes began experiencing blurred vision with black holes. An eye doctor later said that Bixby’s optic nerves had sustained permanent injury.

In her dangerous drug complaint, Bixby contents that if Abbott had warned her or her gastroenterologist that her eye pain could have been caused by taking Humira, she would have stopped taking the medication right away and immediately gotten the medical help she needed. She says that before Abbott started marketing Humira to Crohn’s patients, it should have known the potential risk it posed to the eyes—especially as similar drugs reportedly have caused similar optic nerve deterioration. Bixby notes that those other drugs, which are made by competitors, warn about this specific injury risk.

Bixby is not the only person to recently sue Abbott. Last month, another patient with Crohn’s disease filed her dangerous drug lawsuit over the nerve damage she sustained in her feet that she blames on Humira. Two arthritis patients have also filed their dangerous drug lawsuits contending that they developed lymphoma from taking Humira.

Abbott Labs Sued on Claims Humira Caused Permanent Eye Damage, Bloomberg, May 23, 2011

Cancer Risks to Remicade® and Humira® Explained, Crohn's and Colitis Foundation of America

Related Web Resources:
Humira

Humira, NIH.gov

More Blog Posts:
FDA Warns that Topamax May Increase Risk of Oral Birth Defects, Maryland Accident Law Blog, May 4, 2011

Roche Loses Drug Litigation Lawsuit and Is Ordered to Pay Almost $13 Million to Three Accutane Users, Maryland Accident Law Blog, December 11, 2008

500 Unapproved Prescription Cough and Cold Medications Banned by FDA, Pharmacy Error Injury Lawyer, March 22, 2011

According to The Baltimore Sun, Department of Housing and Community Development assistant commissioner Eric Booker says the rowhouse that was the scene of a deadly Baltimore carbon monoxide poisoning accident did not have a CO detector even though one should have been installed and working properly. The victims, 40-year-old Vonita Gibbs and 30-year-old Mikeia Lucas, died on Tuesday after a gas oven was left on with the door open. Three others people, two adult males and a child, were admitted to Maryland Shock Trauma Center in serious condition.

City officials are reporting that the lower part of the oven had been covered with aluminum foil, which caused the gas to build before coming out. The gas then entering a heating duct that allowed it to spread to practically every room. According to fire officials, CO readings were as high as 500 parts per million in the unit.

According to the American College of Emergency Physicians, while carbon monoxide poisoning can pose a serious threat, it can be especially deadly during the winter, when people are trying to stay warm. In addition to the Baltimore accident, this week, a couple and their child, age 7, were taken to the hospital in Connecticut on Monday afternoon because of a CO poisoning incident in their apartment that was caused by a defective furnace. That same day, a maid found the bodies of five teenagers in a Florida hotel room. A car that had been left running in the private garage underneath the room is believe to have caused their fatal CO poisoning.

With over 400 people killed and thousands ending up in emergency rooms in the US each year from carbon monoxide poisoning, it is important that product manufacturers and premise owners make sure that they do not create or fail to remedy any type of hazard that could cause a CO poisoning accident to occur. The risk of carbon monoxide leaks go up in the wintertime with people using heating appliances and ovens to stay warm.

Open oven determined to be culprit in carbon monoxide poisoning, The Baltimore Sun, December 29, 2010

Family rushed to hospital after carbon monoxide poisoning, CT Post, December 27, 2010

Carbon monoxide poses a real, and needless, threat, USA Today, December 28, 2010

5 found dead in Florida motel room, CNN, December 28, 2010

Related Web Resources:
Carbon Monoxide May Be Greater Threat in Winter, US News, December 27, 2010

A Guide to Preventing Carbon Monoxide Poisoning

Continue reading "No CO Detector in Rowhouse Where Fatal Baltimore Carbon Monoxide Poisoning Occurred" »

An autopsy conducted on the body of a man found in a downtown Baltimore apartment building trash chute indicates his injuries are “consistent with a bad fall,” says the police department and reports the Baltimore Sun. Also, police spokesperson Anthony Guglielmi says that if another person had inserted the body into the chute, there would have been “more signs {of a struggle} on the body.” Homicide detectives and the state medical examiner are continuing to investigate his death.

Building employees found the man's body on Thursday morning. According to police, the man seems to have fallen into the chute from around the 20th floor. The 26-floor building, located on N. Charles Street, houses offices and apartment units.

According to ex- and current tenants, each of the building’s trash chutes have a spring mounted door that must be pulled. The chute opening is approximately 3 feet high by 2 feet wide. It opens at an angle. One resident says that he usually must “push a little” to get a regular-sized garbage bag to go through the chute opening.

Trash Chute Accidents
In the event that someone falls through a garbage chute because it was poorly designed or faulty in some other way, the injured party may have grounds for a Maryland products liability and/or Baltimore premises liability. Property owners must make sure that there are no hazards on the premise that could cause serious Baltimore personal injuries.

Unfortunately, this is not the first time that someone has been injured from falling down a trash chute. In February, a 38-year-old man accidentally fell into his apartment complex trash chute. According to the county coroner, the man was trapped upside down in the chute for a long time and died from suffocation. Last year, another man died after falling down a narrow garbage chute. He was drunk at the time.

Police: Man found dead in trash chute may have fallen, Baltimore Sun, August 13, 2010

Central IL man's trash chute death an accident, KMOV, February 5, 2010

Jersey City man plunges 25 stories to death down NYC trash chute, NJ.com, April 13, 2010

Related Web Resources:
Products Liability, Nolo

Premises Liability, Justia

Continue reading "Maryland Fall Accident?: Police Probe Death of Man Discovered in Trash Chute" »

Our Maryland child accident attorneys work hard to obtain the financial recovery that our clients’ families are owed by the manufacturers of defective products. The makers of consumer goods, especially furniture, accessories, and toys that are intended specifically for child and infant use, must make sure that there are no defects to their products that can cause injuries to a child. Failure to do so can cause serious Maryland personal injuries to a minor or wrongful death.

Just today the US Consumer Product Safety Commission recalled 30,000 Nap Nanny® portable baby recliners. The recliners pose a suffocation hazard and fall danger. The CPSC is investigating a report involving the death of a 4-month old child who died while harnessed to the recliner She got stuck between the crib bumper and the recliner.

In another child entrapment accident involving the Nap Nanny®, the baby got caught between the crib’s side and the baby recliner. The infant sustained a forehead cut. There have been 22 reports of babies under 5-months-old who ended up either hanging our falling out of the recliner even though they were harnessed to it.

Last Tuesday, CPSC recalled about 44,900 Kariño Baby Pacifiers that don’t meet federal safety standards. No injuries or incidents have been reported, but the pacifier is an aspiration and choking hazard to kids.

On July 15, the CPSC and Health Canada recalled approximately 20,000 Cozy Indoor Outdoor Portable Playard Tents Plus Cabana Kits because they pose an entrapment hazard to children. In December 2008, a 2-year-old boy was found hanging with his neck trapped between the tent’s metal base rod and the playard. He died from his injuries. The child entrapment accident happened as the boy, who managed to pop off the clips that kept the metal base rod secure, was trying to get out of the playard. Three other incidents were reported involving kids who removed the clips and were able to put their neck between the playard and the tent. Fortunately, they were not injured.

The day before, Pottery Barn Kids recalled about 82,000 drop-side cribs because they pose suffocation, fall, and entrapment hazards. At least seven kids have sustained minor injuries when their legs got stuck between the drop side and the mattress and they fell out of the cribs. There have been 36 reports of drop-side detachment or malfunction.

Recalls and Safety Product News, CPSC, July 2010

Related Web Resources:
Kids in Danger

Potentially Dangerous Children's Products, Good Housekeeping

Continue reading "Preventing Maryland Injuries to Children: Latest CPSC Baby Product Recalls Include Recliners, Pacifiers, Playards and Drop-Side Cribs" »

According to the University of Utah Department of Neurosurgery, there has been a dramatic increase in the number of severe head and spinal trauma cases involving all-terrain vehicle. Its researchers’ findings, published in Neurosurgery, emphasis the need for better ATV stability, better rider training, and helmet use.

The research, which is to be published in the journal Neurosurgery, states that:

• ATV injuries resulted in 495 deaths and 1,117,000 emergency room visits in 2001—159% and 211% more, respectively than 1993.

• 42% of head and spinal injuries involved young victims under the age of 20, who are riding adult-sized vehicles yet may lack the physical strength, size, experience, judgment, motor coordination, and restraint to safely operate any type of motor vehicle.

• Most common type of ATV accidents include rollovers and collisions with stationary objects or other vehicles.

• ATV drivers that don’t wear helmets are at greater risk of sustaining a neurological injury.

• With their high gravity center, short wheelbases, and high ground clearance, ATVs have an unstable design.

ATVs can travel on sand, snow, and mud. Neurosurgeon Joel MacDonald, MD, one of the researchers on this study, says children are at higher risk of becoming involved in an ATV rollover crash because they may lack the strength and weight to forcefully lean the vehicle during a turn.

Just last March, a 4-year-old boy died in a Maryland ATV accident close to Middletown when the he drove the ATV into a creek. The child drowned. While Maryland makes it illegal for children under the age of 12 to drive ATVs on state trails, no age limit exists regarding who can operate an ATV on private land.

The US Consumer Product Safety Commission says kids under age 6 should not ride ATVs. However, even though ATV manufacturers are now recommending certain age limits depending on the size of an ATV’s engine, some companies are now making ATVs designed for small kids. It is also important to note that adults are also susceptive to ATV accidents and injuries.

If you or someone you love suffered serious injuries during an ATV accident, you may have grounds for a Maryland ATV accident lawsuit or a Maryland products liability case. Manufacturers can be sued for negligence if a product that was poorly designed, lacked the proper safety instructions, malfunctioned in some way, or did not come with the proper warnings caused a Maryland personal injury or wrongful death. If your child is the one that got hurt, you may be able to pursue an Maryland child accident lawsuit.

Head and spine trauma from ATV accidents cost $3.24 billion annually, University of Utah Health Sciences/EurekaAlert.org, July 6, 2010

ATV accident claims life of 4-year-old boy, The Herald-Mail, March 21, 2010

Related Web Resources:
ATV Safety

University of Utah Department of Neurosurgery

Products Liability, Nolo

Maryland Car Accident Attorney Blog

Washington DC Injury Lawyer Blog

The Consumer Product Safety Commission and Infantino LLC are recalling over 1 million baby slings following the deaths of three infants. The victims are a 7-week baby, a 3-month-old infant, and a 6-day-old newborn. All three child fatalities occurred last year. Consumers should stop using the baby slings as soon as possible.

The recall comes two weeks after the CPSC issued a warning to parents and guardians about the importance of using the sling carriers correctly. 11 other deaths have been linked to the baby slings in the last two decades. Yet, despite an earlier warning by Consumer Reports of the hazards posed by using a baby sling, many consumers remain unaware that these “hip” child carriers can cause suffocation injuries and deaths.

If your child was injured in a baby sling or because of another infant product, contact our Maryland products liability lawyers immediately. You may be entitled to sue the manufacturer for injuries to children or wrongful death.

Baby Slings as Suffocation Hazard
Because newborns are unable to control their heads yet, an infant may not be able to turn away should the sling’s fabric end up covering the mouth and nose. When the baby’s breathing is blocked in this way, suffocation can take no more than a couple of minutes. Or, if the baby is curled up in such a way that the chin is bent into the chest, oxygen might have a hard time getting through the airways, resulting in slow suffocation.

Earlier this year, the CPSC added infant slings to the list of infant products that need to have mandatory standards.

In the wake of today’s recall, replacements are being offered to consumers for the Infantino “Wendy Bellisimo” and the “SlingRider” baby slings. Consumers can choose between the a Wrap & Tie infant carrier, a 3 in 1 Grow & Play Activity Gym, or the 2 in 1 Shopping Cart Cove.

Infantino baby sling recall: Are any baby slings safe?, Christian Science Monitor, March 24, 2010

Infant Deaths Prompt CPSC Warning About Sling Carriers for Babies, CPSC, March 12, 2010

Related Web Resources:
Consumer Reports

Infantino

Continue reading "Recall of Over 1 Million Baby Slings by Infantino Following Three Infant Deaths " »

By now we’ve heard about crib entrapment and the dangers posed by some poorly designed cribs that have openings wide enough between the crib slats and the mattress that an infant or toddler can easily fall into the space and die from suffocation. But were you aware that hospital beds can pose a similar hazard to the sick and the elderly?

According to the Food and Drug Administration, in the last 24 years, 480 people have died from entrapment in a hospital bed. A patient’s head can gets stuck between the bed’s rails or in the middle of the mattress, which can quickly lead to asphyxiation. There have been 138 reported injuries, 185 close calls, numerous other incidents involving hospital beds that have very likely gone unreported.

Hospital Bed Rails as an Entrapment Hazard
Apparently knowledge of this hazard isn’t new. The FDA issued a warning about bed rail entrapment in 1995. With this awareness, the use of bed rails at assisted living facilities is now under 10 %--although that is still a significant number.

People have filed nursing home negligence and products liability lawsuits as a result of personal injuries and wrongful deaths caused by a hospital bed with rails. One nursing home patient, Harry Griph, died not from failure to thrive, which the 75-year-old was suffering from, but because his neck got trapped between the mattress and bed rail. His cause of death was asphyxiation.

Hospital Bed Rails as a Fall Hazard
Although bed rails are considered a safety device for keeping confused, disoriented medicated, sick, or restless people from falling out of their beds in nursing homes and hospitals, bioethicist and geriatrician Steven Miles told the New York Times that while bed rails do lower a person’s fall risk by 10 – 15%, they increase injury risk by approximately 20%. A patient that tries to climb over the rails to get out of bed can end up falling from a higher elevation and sustaining a head injury.

Assisted living facilities can be held liable for Maryland nursing home negligence if they allowed a hazard to exist on the premise that should have been removed or repaired. A person who sustains a traumatic brain injury from falling off a hospital bed or the family members of a resident that dies from suffocation during a bed entrapment accident may have grounds for a Maryland injury lawsuit. The manufacturer of a poorly designed or defective hospital bed can be sued Maryland products liability.

Safe in Bed?, New York Times, March 10, 2010

Siderails, Falls in Long-Term Care

Related Web Resources:
Maryland Nursing Home Care Guide

Falls in Nursing Homes, Maryland Nursing Home Lawyer Blog

Continue reading "Are Bed Rails a Maryland Nursing Home Hazard?" »

The Consumer Product Safety Commission is once again warning parents, adults, and child caretakers about the dangers of using a Simplicity drop-side crib. An 11th child death has been linked to the defective cribs. The crib's plastic hardware is prone to deformity and breakage. If this occurs and the drop side detaches, a space can open up between the crib mattress and the side of the crib that a toddler or a sleeping baby can fall into, becoming entrapped and suffocating.

The CPSC has recalled all Simplicity drop-side cribs—over 2 million—in the last four years. However, Simplicity is not the only crib maker whose drop side cribs have been recalled. Last month, the CPSC recalled 2.1 million Stork Craft Manufacturing drop-side cribs after reports of four infant suffocations. Two of the other drop-side sleeper recalls: 1.6 million Delta drop side cribs following two infant deaths and about 2000 Playkids USA portable cribs after a 5-month old suffocated when he became entrapped between the drop-side rail and the mattress.

While drop-side cribs are popular with consumers because the side that drops makes it easy for adults to lift their kids into and out of the supposedly secure beds, there have been so many reported child injuries and deaths involving this kind of crib that some crib manufacturers have called for a ban on all drop-side cribs. Broken and missing pieces, poor design, poor assembly directions, and defective materials are some of the product defects that have led to drop-side crib-related entrapment accidents, fall accidents, and strangulation accidents.

Our Maryland injuries to minors and children lawyers handle products liability claims for families seeking damages for a child's personal injury or wrongful death. We'd be happy to discuss your defective crib case during your free consultation.

Drop-side cribs are not the only child sleepers considered an entrapment hazard. Last month the CPSC recalled approximately 24,000 Amby Baby Motion Beds/Hammocks. Two infants died from suffocation while in an Amby Baby Hammock. The movement of the hammock makes it easy for the infant to roll into and get stuck against the mattress pad and/or fabric.

11 baby deaths now linked to Simplicity cribs, AP/Google, December 17, 2009

Infant Suffocation Deaths Prompt Recall of Amby Baby Motion Beds/Hammocks, CPSC, December 8, 2009

Related Web Resources:
Crib Safety, HealthBanks

Will Drop-Side Cribs Be Banned?, ParentDish

Continue reading "Simplicity Drop-Side Cribs Linked to Eleventh Infant Death" »

A 2-year-old boy has died after becoming entangled in a drapery cord in his Damascus, Maryland home. Thapelo Andre Kwofie’s parents found him unconscious at around 3pm. They administered CPR to him before an ambulance arrived to take him to the hospital. He was pronounced dead soon after his arrival at Shady Grove Hospital.

Montgomery County, Maryland police are investigating the tragic accident.

Window Cord-Strangulation Accidents
According to the Consumer Product Safety Commission, about one child (7 months to age 10) dies and another is nearly strangled in window-cord strangulation accidents every year. Window cords for blinds and drapes are considered a strangulation hazard for kids.

Young kids can easily get entangled in either the inner cords for raising blinds or pull cords. The cord can form a loop around the child’s neck that can cause strangulation.

Drapery cords that cause serious injury or death can be grounds for suing the drapery maker for products liability. Product manufacturers are supposed to make sure their products do not pose an injury hazard to anyone. An experienced Maryland products liability lawyer can help you determine whether you have grounds for an injury case.

Just last August, the CPSC recalled some 5.5 million window shades and blinds following several reports of child strangulation deaths and injuries.

Other products that have been known to cause strangulation injury or death to kids:

• Cribs
• Strollers
• Clothing with drawstrings
• Toys or infant products that come with cords or strings

Strangulation injuries can also result in traumatic brain injuries for those who survive.

Damascus toddler dies after caught in drapery cord, Gazette.net, November 4, 2009

5.5M window covers recalled after child deaths, MSNBC, August 26, 2009

Related Web Resources:
Window blind or drapery cords, .docstoc.com

nsumer Product Safety Commission

In Maryland, a woman is suing Ocean City, the Ocean City Convention and Visitors Bureau, and ThyssenKrupp Elevator Company for personal injury over an escalator accident that occurred in May 2006. Rebecca Beall filed her Maryland premises liability lawsuit in US District Court.

Beall was a high school student at the time of the escalator accident that injured her and several other students from her school band. The band was in Ocean City to attend the Youth Music Competition taking place at the Convention Center.

On May 5, 2006 the escalator they were riding to the next floor stopped abruptly and began moving in the opposite direction. A number of students fell and some of them were taken to a hospital for treatment of their injuries.

In her Maryland personal injury complaint, Beall contends that she sustained serious injuries when students that fell pinned her to the escalator that was still moving. Her face, shoulder, and scalp became lacerated, and she now suffers from anxiety, post-traumatic migraine disorders, and has an escalator phobia. She also suffers from migraines, serious headaches, chills, nausea, blackouts, shaking, and is sensitive to light and sound.

Beall is seeking $500,000 from the defendants. Her Maryland civil lawsuit alleges negligence and contends that defendants knew or should have known that the escalator was experiencing problems before the escalator accident yet failed to act to repair the issues to remove its safety hazards. A year after the accident, an independent inspector assessed the escalator’s condition and found that it had worn and failing gear parts.

According to a 2005 CBS News report, almost 10,000 people a year sustain escalator injuries serious enough to warrant hospital emergency room care. Common kinds of escalator accidents include those involving:

• Sudden stops
• Slip and fall accidents
• Fall accidents
• Metal teeth on the escalator coming loose
• Hands, clothing, feet, or shoes getting caught in the escalator

$500K Lawsuit Filed In OC Escalator Fall, MDCoastDispatch.com, May 29, 2009

Danger On The Escalator, CBS News, February 17, 2005

Related Web Resources:
Thousands Injured in Escalator, Elevator Accidents, NewsInferno.com, May 14, 2008

A number of catastrophic car accident victims and their families went to Capitol Hill in Washington DC on Wednesday to call on the Obama Administration and Congress to ensure their ability to obtain medical reimbursements from the now bankrupt General Motors and Chrysler. Both auto manufacturers have filed for Chapter 11 bankruptcies, which places car accident victims waiting for medical reimbursements from products liability settlements and verdicts into the category of "unsecured creditor" waiting along with everyone else for their payouts.

On Monday, a bankruptcy judge overruled the Ad Hoc Committee on Consumer-Victims of Chrysler LLC when he approved the sale of the company to Fiat. The group had asked for a retroactive insurance policy or a fund that would cover the costs of medical treatment and lawsuits. Last year alone, Chrysler paid more than $250,000 in medical settlements. Now, anyone that gets involved in a catastrophic or fatal car crash while riding in one of the approximately 10 million Chrysler cars will not be able to pursue products liability compensation if a motor vehicle was responsible for causing the defect. The vehicle occupants of about 30 million General Motor vehicles are facing the same dilemma.

About 500 to 1,000 serious injuries or fatalities involving defective car parts occur every year. The bankruptcies filed by the two car manufacturing giants prevents injured parties from holding them financially accountable for making cars that are defective enough to cause catastrophic injuries or death.

Examples of common kinds of car defects that can lead to catastrophic injuries:

• Defective tires
• Faulty engine
• Defective windows
• Faulty seat belt or safety restraint system
• Structural defects
• Seat back defect
• Design defects

Car accident victims fight for payouts, Washington Times, June 4, 2009

Families and Severely-Injured Victims of Defective GM and Chrysler Cars Travel to Washington to Seek Urgent Help, RedOrbit, June 3, 2009

Related Web Resources:
GM and Chrysler's bankruptcy cases at a glance, AP, June 4, 2009

Chapter 11 Bankruptcy Basics

Continue reading "Catastrophic Car Accident Victims and Their Families Ask Capitol Hill to Guarantee Products Liability Payments from Bankrupt General Motors and Chrysler" »

To date, Bausch & Lomb has spent over $250 million to settle almost 600 products liability lawsuits filed by contact lense wearers that say they sustained a potentially blinding fungal infection from using multipurpose contact lense solution ReNu with MoistureLoc. The optical products company still has dozens of individual products liability lawsuits to resolve.

In the United States alone, over 700 contact lense wearers say they suffered from Fusarium keratitis while using the solution for cleaning, moistening, and storing their lenses. In a number of cases, including one in Maryland, the injure parties had to have an eye removed. Some 60 contact lense users had to undergo corneal transplants to save their vision. One man in Baltimore got hooked on painkillers after losing his eye and had to go through rehab. Both his marriage and his business fell apart.

Between June 2005 and September 2006, the US Centers for Disease Control and Prevention reported that there were at least 180 eye injury cases related to Fusarium keratitis in 35 states. Broadway actress Andrea Martin’s eye became scarred after she used the Bausch & Lomb solution and the fungal infection ended the career of one race car driver, who had to undergo a corneal transplant.

MoistureLoc was pulled from US store shelves in April 2006. The optical products company issued a global recall the following month. According to those affected with fusarium keratitis, their eyes first felt irritated until they started to experience severe pain and in many cases, their conditions were wrongly treated with steroids and antibiotics—resulting in delayed diagnosis and delay of the proper treatment. Researchers think that alexidine, a disinfectant, may have absorbed into the lenses at very fast rates and that moisturizing agents produced a biofilm that may have helped the fungus to grow.

Bausch & Lomb’s legal troubles aren’t over yet. It says it is challenging over 500 other injury lawsuits connecting MoistureLoc to other afflictions. Meantime, it is not the only contact lense solution maker to be sued for products liability. Over 170 people have sued Advanced Medical Optics because they say they sustained Acanthamoeba keratitis infections from using one of its contact lense solutions.

Symptoms of fungal keratitis can include:

• Eye discharge or tearing
• Light sensitivity
• Swollen eyelids
• Vision isn’t as sharp
• Puffy eyelids

Symptoms of acanthamoeba keratitis can include:

• Eye pain or redness or tearing
• Light sensitivity
• Blurred vision
• Feeling like there is something in one’s eye

Bausch & Lomb settles 600 eye fungus lawsuits, Baltimore Sun, May 31, 2009

Related Web Resources:
Bausch & Lomb

General Information about Fusarium Keratitis, CDC, May 10, 2006

Certain US lawmakers are taking steps to give back to US citizens the right to sue medical device makers for damages. In February 2008, the US Supreme Court issued a decision preventing patients and surviving family members from filing personal injury and wrongful death lawsuits against medical device manufacturers if the device had Food and Drug Administration approval.

The outcome of that particular case prevented a man, seriously injured when his Medtronic balloon catheter burst during an angioplasty procedure, and his wife from receiving products liability compensation. Since the Supreme Court’s ruling, more defective medical device lawsuits have been tossed out.

Just this week, a state supreme court ruled against a man who underwent surgery to take out his Medtronic defibrillator because there was a chance the device device’s battery could fail. Other personal injury lawsuits against medical device makers that have been dismissed since the Supreme Court ruling include a products liability case involving a man who sustained internal injuries because of a prostate treatment device, a woman who sustained internal burns from a device supposed to decrease menstrual bleeding, and a number of patients who are claiming injuries caused by heart implants or faulty joints.

Congressmen Henry Waxman (D-Ca) and Frank Pallone Jr. (D-New Jersey) are planning to reintroduce legislation to nullify the Supreme Court decision. In the US Senate,Senator Edward M Kennedy (D-Ma) and Patrick J. Leahy (D-Vt) are expected to reintroduce a similar bill.

Critics of the Supreme Court ruling say the decision does not take into account the fact that the FDA doesn’t always do a thorough job when approving medical devices for consumer use. For example, the Project on Government Oversight says the FDA has dramatically scaled back on inspections of “good laboratory practices” at places where early round testing of medical devices take place. The independent watchdog group also says there has been a decline in the federal enforcement of quality regulations at labs where medical devices are developed.

The Center for Devices and Radiological Health, which is the FDA division that oversees medical devices, has received complaints from its own scientists who claim managers have discouraged debate and that this has resulted in the approval of medical devices that are not entirely safe or effective.

Lawmakers Seek to Return Right to Sue Device Makers, New York Times, February 19, 2009

Report: FDA quietly scaled back quality enforcement at medical device testing lab, Chicago Tribune, February 18, 2009

Related Web Resources:
Supreme Court Shields Medical-Device Makers, The Washington Post, February 21, 2008

Read the Supreme Court Decision: Estate of Riegel v. Medtronic, Inc., Cornell University Law School

Continue reading "US Lawmakers Seek to Reinstate Right to Sue Medical Device Makers for Personal Injury and Wrongful Death" »

The family of Shirley Mae Almer is suing Peanut Corporation of America and King Nut Companies for her wrongful death. The 72-year-old nursing home resident allegedly died after she ate the peanut butter that was served to her at the facility where she was staying. A tub of peanut butter found at the nursing home contained Salmonella typhimurium, the same strain of salmonella that has made a number of other people in the US sick.

The Centers for Disease Control says there have been at least 501 reports of Salmonella typhimurium-related food poisoning. 108 people required hospitalization. 8 of the cases resulted in deaths. Over 280 cases involved minors.

Almer died on December 21, 2008. Her family’s wrongful death lawsuit accuses the defendants of failure to safely manufacture, package, and transport the peanut butter, failure to properly train and supervise employees, failure to maintain hygienic conditions at the peanut butter plant, failure to test the peanut butter before sending the products off, and failure to prevent cross-contamination.

Peanut Corporation of America is the company that made thousands of pounds of the contaminated peanut better. On January 27, 2009, federal health official reported finding Salmonella typhimurium, as well as four other strains of salmonella, at the peanut butter manufacturing plant. King Nut Companies supplied the peanut butter to the nursing home.

Over 300 peanut butter-related recalls have occurred because of the Salmonella outbreak. Peanut Corp sells peanut paste to almost 100 manufacturers of nutrition bars, cookies, peanut butter crackers, and ice cream. More recalls are expected.

If you got sick or someone you love died because of a contaminated food product, you may have grounds to file a products liability lawsuit.

FDA: Peanut plant knew product was tainted with salmonella, CNN Health, January 28, 2008

Family sues over salmonella-related death, Forbes/AP, January 27, 2009

Related Web Resources:
Read the Food and Drug Administration's Inspection Report of Peanut Corporation of America

View a List of Peanut Butter Recalls

A 21-year-old Baltimore County woman is dead after a tire that broke off from a truck being towed landed on her car on Wednesday. The deadly motor vehicle accident took place on Interstate 495 in Prince George’s County.

According to Maryland State Police, tow truck driver Roger Smith was towing a delivery truck when one of the tires with a metal wheel broke off the vehicle, rolled across lanes, struck two guardrails, rolled across a grassy median, and hit a tractor-trailer. The impact of this collision caused the tire to fly back across the median and land on Channing Quinichett’s Honda Civic, crushing the windshield and roof of her vehicle. The 21-year-old Maryland resident was pronounced dead at the crash scene.

If you have been injured in a Maryland traffic accident because a party’s negligence caused flying or falling debris to strike you and/or your motor vehicle, you may have grounds to file a personal injury or wrongful death lawsuit.

For example, last September, the family of 39-year-old Milena Del Valle, who died after part of the Big Dig tunnel ceiling in Massachusetts fell on her car, received a $28 million wrongful death settlement. In another personal injury lawsuit, the wife of Pawel “Paul” Swierczynski sued five companies after her husband was struck by a 250-pound grate that crashed through his windshield. Swierczynski sustained numerous injuries, including a traumatic brain injuries.

Just this month, a 6-year-old boy died and a man sustained injuries after they were struck by flying metal chunks at a monster truck rally. The catastrophic accident occurred when a truck's driveline malfunctioned, causing the fragments to fly toward the crowd. Witnesses have expressed anger that the show was not stopped even after both victims started bleeding.

While freak accidents do happen, there may have been steps that a liable party could have taken to prevent the personal injury accident or wrongful death.

Tire kills Baltimore Co. woman on Capital Beltway, Baltimore Sun, Associated Press, January 22, 2009

Boy, 6, killed by flying debris at Tacoma monster truck rally, Komonews.com, January 17, 2009

Boy, 6, killed by flying debris at Tacoma monster truck rally, Komonews.com, January 17, 2009

Settlement Reached In Big Dig Death Suit, CBS News, September 30, 2008

Related Web Resource:
Wrongful Death Overview, Justia

Continue reading "Baltimore County Woman Dies After She is Struck by Flying Truck's Tire on Capital Beltway" »

The mother of a six-year-old boy whose right big toe was mangled when his Crocs clog got caught in an escalator at the National Aquarium in Baltimore is suing Crocs Inc. for products liability. Kerry Burdick filed her federal lawsuit in court on Monday. She is seeking over $7.5 million in damages.

The accident occurred last April. Burdick’s lawsuit alleges that Crocs was aware that the popular clogs posed a hazard on escalators yet failed to warn consumers.

This is not the first incident where a person got hurt while using Crocs shoes. Over 200 people around the world have been involved in similar escalator entrapment accidents while using the popular clogs. Children especially appear more prone to injuries while wearing Crocs.

In 2007, a 10-year-old girl hurt her toe after her Crocs clog got stuck on an escalator at the Atlanta Hartsfield Airport. This year, a 3-year-old Croc wearer had two of her toes partially amputated because of injuries she sustained while also riding an escalator at the Atlanta airport. The parents of another 3-year-old sued Crocs for $7 million after her toe was mangled in an accident at New York’s John F. Kennedy Airport.

In April, Japan’s Trade Ministry asked Crocs Inc. to redesign its popular clogs. The ministry said that over a six-month period last year, it had received 65 complaints of escalator injuries involving Crocs clogs. In May, the US Consumer Products Safety Commission warned that it had received 75 injury reports between January 2006 and May 2007 about people who got hurt in escalator accidents while using Crocs.

Last July, Crocs Inc. said it would add warning tags about possible escalator entrapment-related injuries to its shoes. While the shoes that come with these warnings will become available in 2009, there are still millions of Crocs clogs out in the marketplace for sale or that have already been purchased that lack the entrapment warning.

Son hurt, Pa. woman sues Crocs firm, Baltimore Sun.com, December 4, 2008

Pa. mother sues Crocs over son's escalator injury, Examiner.com, December 4, 2008

Related Web Resources:
Crocs

Crocs and similar soft shoes linked to escalator entrapments, Consumer Reports, May 20, 2008

Continue reading "Mother Sues Crocs for Personal Injury After Son’s Right Toe is Mangled While Riding Baltimore Aquarium’s Escalator" »

Personal injury lawyers for a woman who is suing Victoria’s Secret for injuries she says she suffered from using the brand’s Very Sexy Extreme Me Push-Up and Angels Secret Embrace bras say that tests they ordered show that bras from those lines contain formaldehyde, which is used in embalming. They think that their client, Roberta Ritter, is allergic to the chemical.

Ritter, who sued the company in May, says she sustained itchy, inflamed, and blistery welts after using the bras. Since then, dozens of other woman have come forward claiming that they experienced the same injuries after using the Victoria’s Secret bras. At least two other products liability lawsuits have been filed. Class action status is pending.

The bras have not been pulled off store shelves, but a spokesperson for Victoria’s Secret says the company is investigating the complaints. Victoria's Secret denies that any of their bras contain formaldehyde.

This isn’t the only personal injury lawsuit accusing Victoria’s Secret of products liability. In June, another woman filed a personal injury lawsuit seeking unspecified damages from the company because of injuries she says she sustained due to a thong malfunction.

Clothing manufacturers and distributors are supposed to make sure that their clothes are not made with any materials that could cause injury, allergy, infection, or death to wearers. Failure to insure their clothing is free from hazardous defects can be grounds for a Maryland products liability claim or wrongful death lawsuit.

Other injuries that can occur as a result of defective clothing include:

• Burn injuries, from clothing made from flammable material.
• Allergic reactions to toxic substances.
• Strangulation hazards.
• Choking hazards.

Victoria's Secret, Formaldehyde in Bras?, ABC News.com, November 11, 2008

Lawsuit Claims Victoria's Secret Bras Cause Rashes, HivesLawsuit Claims Victoria's Secret Bras Cause Rashes, Hives, Fox News, November 11, 2008

Related Web Resources:

Formaldehyde Council

Recalls.gov