Articles Posted in Products Liability

by

The New York Times reported last week that Massachusetts has reached a settlement with the Stryker Corporation in a lawsuit alleging that the hip and knee manufacturer “marketed items without regulatory approval and misled health care providers about the use of its products.” The case focused specifically on Stryker’s OP-1 implant and OP-1 putty, according to the Times.

The $1.35 million settlement with Stryker’s biotech unit consists of a $325,000 civil penalty and $875,000 in funds to combat illegal marketing by other health-care related companies. The remainder is taken up by “legal fees and investigative costs.”

After the Massachusetts attorney general announced the settlement the company issued a statement emphasizing that under the terms of the agreement it has admitted no liability. It is hard, however, not to miss the product liability issues this may raise for Stryker in other states. Clearly, any Oregon patient suffering from the symptoms that were raised in the Massachusetts case would be well advised to consult with a Portland medical malpractice lawyer to consider best way to proceed.

Continue reading

by

The Oregon Supreme Court sided with cigarette giant Philip Morris last week in refusing to reinstate a $100 million punitive damage ruling issued by a lower court in 2002. That earlier ruling was overturned by a state appellate court in 2006.

It is important to note that one part of the Oregon product liability and wrongful death case still stands: the original Oregon jury award of more than $164,500 in “economic losses, pain and suffering” is not affected by the ruling regarding punitive damages, according to The Oregonian. Moreover, the Supreme Court ruling does not mean that the case is finished or that punitive damages have been disallowed: merely that the issue of Oregon punitive damages must be reargued before a lower court.

The case concerns a Salem woman who died in 1999 after decades of regular smoking. According to The Oregonian, she switched to low-tar cigarettes in 1976, after a dozen years of smoking, believing that low tar cigarettes would be less problematic for her health. Oregon personal injury attorneys representing the woman’s family argued that Philip Morris possessed study data showing that smokers of low-tar cigarettes tended to inhale longer and more deeply, thus negating the alleged benefits of the product. The company, however, did not disclose this information to consumers.

Continue reading

by

An enormous recall effort effecting over 2 million baby cribs distributed under the brands of seven different companies was announced this week. The recall action raises issues of liability and responsibility that many Oregon parents would do well to think about in the coming days and weeks.

The recall applies specifically to so-called ‘side-drop’ cribs, in which one of the crib’s long sides is hinged to allow parents easier access to the baby. According to the Consumer Product Safety Commission, the sides of the cribs in question can come loose and drop unexpectedly, creating the danger of trapping children’s heads as they fall. The Associated Press reports that no deaths have been linked to the cribs, but that “at least 16” instances of entrapment have been documented, including one that led to the hospitalization of a child.

The CPSC’s website warns parents not to try to repair the cribs themselves and notes that “new mandatory standards to make cribs safer” are being prepared by the agency. These are expected to be formally issued before the end of this year. The Commission’s website offers links to the manufacturers of the recalled cribs, through which consumers can obtain information on the specific recall procedures for different brands.

Continue reading

by

The federal government is taking aim at energy drinks that mix alcohol and caffeine, a move that might have an effect on Oregon personal injury lawsuits. As reported by both the New York Times and the Associated Press, the Food and Drug Administration recently sent letters to 30 drink manufacturers challenging them to prove that their products are safe, or else it will “take appropriate action to ensure that the products are removed from the marketplace.” The government is giving the drink makers 30 days to demonstrate that their products are safe.

The FDA was acting in response to a letter of concern signed by 17 state attorneys general, the Attorney General of Guam and San Francisco’s City Attorney. Oregon’s attorney general was not among the signers, but a federal move to pull the drinks from shelves would effect the entire country and could create product liability in Portland and elsewhere in the state under Oregon’s personal injury laws.

According to the Times, FDA scientists worry that the drinks can lead to increased risks of serious injuries among their users, who skew heavily toward college students. The drinks mixture of alcohol (usually malt liquor) and caffeine can lead users to underestimate just how drunk they are. The drinks often provide, as the newspaper put it, “a false sense of confidence that they can perform tasks they are too impaired to undertake.”

Continue reading

by

After a ten-day trial, a Lane County Oregon jury cleared John Deere company and a local distributor of liability in a 2006 Oregon riding mower accident that caused a toddler to lose her leg. The Eugene child injury took place when Kurt Norton accidentally backed over his daughter Isabelle, then age 3.

Isabelle and her family sought $11 million in damages, arguing that poor design made the John Deere riding mower unreasonably dangerous. By a series of 9-3 votes the jury did not agree.

Government and academic studies show lawn mower injuries to be surprisingly common, with riding mowers alone accounting for 37,000 injuries each year, according to a government study. The Consumer Product Safety Commission report examined data from the years 2003-2005. A broader study, conducted by Ohio State University, looked at 15 years of data noting that an average of 9400 children were injured each year over the survey period. The researchers concluded that “injuries related to lawn mowers are an important cause of pediatric morbidity” for which “current prevention strategies are inadequate.”

Continue reading

by

As part of Child Passenger Safety Week, which runs from September 12 – September 18, 2009, parents and caregivers can go to one of many free safety seat inspection stations located throughout Oregon (see link below) to get their child safety seats checked. The inspection allows trained passenger safety technicians to make sure that you are using the correct seat for your child’s size and that the seat is correctly installed in your vehicle.

While the National Highway Traffic Safety Administration reports that the child safety seat use is at its highest rate ever, 75% of the safety restraint devices are not being used correctly. This can be very dangerous for the child, who can get seriously hurt or die in a Portland, Oregon car accident without a properly fitting, or fitted, child car safety seat.

Of course, there are also the child injuries and deaths that can occur during motor vehicle crashes because a child car safety seat was defectively designed or product flaws occurred during the manufacture process. Over the last several years, the Consumer Product Safety Commission has had to recall child safety seats when these flaws have proved too dangerous that lives are at risk.

Some examples of child car safety seat defects that may lead to products liability lawsuits involving injuries to minors:

• Defective plastic shells
• Harness defects
• Design flaws involving the buckle or latch
• Failure to warn of possible hazards
• Inadequate instructions
It is devastating for a parent to have his or her child suffer serious injuries in any kind of Oregon auto accident. It can be even more upsetting to know that those injuries could have prevented if only your son or daughter had been properly protected by a child car safety seat, a booster seat, a seat belt, or another safety restraint system.

U.S. Transportation Secretary Ray LaHood Launches Child Passenger Safety Week, NHTSA, September 10, 2009
Related Web Resources:
National Child Passenger Safety Week

Child Safety Inspection Stations in Oregon offering free inspections this week

Car Safety Seats: A Guide for Families 2009, American Academy of Pediatrics

Continue reading

by

An 11-month-boy had to be taken to the hospital after a plastic nail from a Little Tikes toy got stuck in his throat. Fortunately, he has reportedly made a full recovery.

To prevent more choking accidents from happening, however, the Consumer Product Safety Commission and Little Tikes Co. are recalling about 1.6 million Little Tikes Trucks and Workshop Sets. The toys include plastic, oversized toy nails that are about 3 ¼ inches long and 1 ¼ inches in diameter. The CPSC and the toy maker are concerned that other children might choke on one of them. They are asking consumers to remove the nails from the toy and contact the company about getting free replacement parts.

Kids and Choking Hazards
Unfortunately, there are toys out there that pose a choking hazard to children. These toys usually come with small pieces that are tempting for young children to insert in their mouths. Last year, the CPSC reported 292 toy-related child deaths. Choking or asphyxia was involved in 57% of these injuries to a minor fatalities. Many of the victims were children younger than age 5.

Products Liability
It is important that the makers of toys, nursery products, children’s clothing, and infant items make sure that the products don’t contain any parts that could pose a choking hazard to kids and babies.

Babies, toddlers, and infants are more susceptible to choking accidents than adults. Children have smaller airways, which makes it easier for objects that they might put in their mouths to get stuck in their throats, esophagus, or trachea.

Toy makers that design products that pose choking hazards should recall these products immediately. If your son or daughter is seriously injured or died in a choking accident because of a defectively designed toy, you may be able to obtain financial recovery by filing a Portland, Oregon injuries to minor lawsuit.

Little Tikes recalls 1.6 million toys, CNN Money, August 13, 2009
Choosing Safe Toys, Kids Health
Related Web Resources:
Little Tikes

Choking and Choking Hazards, About.com

Continue reading

by

The National Highway Traffic Safety Administration is reporting that there were 416 Oregon traffic deaths. This fatality figure is slightly lower than the 455 Oregon traffic deaths that occurred in 2007.

More 2008 Oregon Traffic Facts:
• 290 passenger vehicle occupant deaths
• 91 of the victims were unrestrained
• Alcohol was a factor in 136 traffic deaths
• 128 speeding-related deaths
• 48 Oregon motorcycle deaths
• 51 Oregon pedestrian deaths
Nationally, there was also a decline in US traffic fatalities, with 37,261 deaths last year compared to 41,259 traffic deaths that occurred in 2007.

More 2008 US Traffic Accident Facts:
• 11,733 drunk driver-related deaths
• 716 pedalcyclist deaths
• 4,378 pedestrian fatalities
• 5,290 motorcycle deaths
• 677 large truck fatalities
• 25,351 passenger vehicle deaths
• 2,346 traffic injuries
• 2,072,000 people injured in passenger vehicles
• 23,000 large truck deaths
• 96,000 motorcycle injuries
• 69,000 pedestrian injuries
• 52,000 pedalcyclist injuries (compared to 43,000 injuries the year before)

While there was a decline most kinds of traffic fatalities between 2008 and 2007, there was an increase in motorcycle fatalities—from 5,174 deaths in 2007—and pedalcyclist fatalities—from 701 deaths.

Common causes of 2008 Oregon motor vehicle crashes included:
• Drunk driving
• Drowsy driving
• Speeding
• Cell phone use
• Text messaging
• Driver inexperience
• Poor road conditions
• Defective autos
While the overall declines in Oregon and US traffic deaths are positive, there is always more that can be done to decrease the number of injuries and deaths that occur in the state and throughout the United States. One way to decrease the number of Oregon car crashes is for drivers and truckers and motorcyclists to drive responsibly and refrain from negligent conduct. Motorist negligence can be grounds for a Portland, Oregon personal injury claim.

U.S. Transportation Secretary Ray LaHood: Overall Traffic Fatalities Reach Record Low, NHTSA, July 2, 2009
2008 Traffic Safety Annual Assessment – Highlights, June 2009 (PDF)

Related Web Resources:
State Traffic Safety Information for Year 2008

Early Estimate of Motor Vehicle Traffic Fatalities for the First Quarter of 2009, June 2009 (PDF)

Continue reading

by

According to news reports, the Environmental Protection Agency is reconsidering its endorsement that it is okay to use ground-up, recycled tires on kids’ playgrounds and sports fields. The tire mulch has been used to cushion the ground in the event of a fall accident.

Now, however, the EPA says there is not enough information to determine whether use of these recycled tires could actually prove a health hazard, and communities in Oregon and other US states are wondering whether they could lead to the inhalation of metals, lead, and chemicals if children touch, inhale, or swallow the material.

The Centers for Disease Control and Prevention says older fields that are more worn down may pose a greater risk for lead exposure. It’s also important to note, however, that not all turf fibers are made with lead.

With the summer holidays fast approaching, many school kids are likely to spend time outdoors playing in local playgrounds or on playground equipments in residential backyards. It’s a good time to note that recycled tires may not be the only issue of concern when it comes to kids’ safety.

Playground Accidents and Injuries
SafeKids USA calls playground accidents the number one cause of injuries to kids ages of 5 to 14—with 150,000 kids each year ending up in US emergency rooms because they were involved in accidents involving playground equipment. About 10 kids die from playground injuries annually, with many injuries caused by fall accidents or strangulation accidents, such as when a piece of clothing gets caught on playground equipment.

Playground equipment that have been known to cause injuries to kids include:

• Swings with metal or wood seats or half-bucket seats
• Adjustable seesaws with chains
• Merry-go-rounds or roundabouts that lack the proper handgrips
• Poorly secured climbing ropes
• Monkey bars
• Lack of a proper playground surface
A defective playground product that causes personal injury can be grounds for an Oregon products liability case involving injuries to children. A premise that has a hazard that causes injury can be grounds for an Oregon premises liability lawsuit.

EPA rethinks play padding, Chicago Tribune, June 5, 2009
No. 1 Cause of Injury in Elementary School: Playground Accidents, Safe Kids USA
Related Web Resources:
Playground Safety, NSC.org
US Environmental Protection Agency

Continue reading

by

Exodus Tyson, the 4-year-old daughter of Mike Tyson, has died. She passed away on Tuesday morning after being placed on life support following a tragic hanging accident that took place on a treadmill in the family’s home.

According to police, Exodus was discovered with her neck wrapped in the cord that hangs from the treadmill console. Her mother pulled the cord off her and tried reviving the 4-year-old before paramedics came to take her to a hospital. Police are calling her death a tragic accident. They say that Exodus was playing on the exercise machine, but it was not in operation when the strangulation accident happened.

Strangulation Accidents
Unfortunately, accidental deaths at home occur more often that we would like to think. The Centers for Disease Control and Prevention says nearly that 900 kids die every year from strangulation accidents. 45% of these child fatalities occur at home. Many of the victims are younger than 4.

While it is important that parents and guardians take the necessary steps to prevent strangulation and choking accidents from happening, it is also up to product manufacturers to make sure that they make products that do not pose an injury or death hazard to consumers—especially children. Sometimes, the products that you least expect to prove dangerous may have been designed in such a way that they have defects that can cause catastrophic injuries, including:

• Clothing with long drawstrings that can get caught in a motor vehicle door or become easily tangled around the neck of a child that is roughhousing.

• Cribs made with defective slats that can easily come off, creating a gap that poses an entrapment or strangulation hazard if a child falls through the opening.

• Extra long drapery or window blind cords that can easily wrap around a toddler’s neck.

Catastrophic strangulation accidents can result in traumatic brain injuries and even death. If your child was seriously injured or died due to a strangulation accident caused by a dangerous toy, or a defective piece of furniture, clothing, or household /recreational appliance, you may be entitled to Portland, Oregon personal injury compensation.

Sad update on accident involving Mike Tyson’s daughter, Examiner.com, May 26, 2009
Avoiding Home Health Hazards, CBS News, May 27, 2009
Related Web Resources:
Consumer Product Safety Commission

Preventing strangulation and suffocation, Raising Children Network

Continue reading

50 SW Pine St 3rd Floor Portland, OR 97204 Telephone: (503) 226-3844 Fax: (503) 943-6670 Email: matthew@mdkaplanlaw.com
map image