Florida Personal Injury Attorney Blog

Residents of South Florida should be on alert for potentially contaminated beef, according to a recent product recall from a Miami-based meat company.

The Sun Sentinel reported that Northwestern Meat, Inc. is recalling over 6,000 pounds of its Honduran beef which may have been contaminated from animal drugs. The U.S. Department of Agriculture recently announced the recall following a random sampling of the beef in mid-July. The USDA warns that the beef may contain lvermectin, which is an anti-parasitic given to animals. The recall involves C&D brand boneless beef cartons with the code LOT. N60 146-11 A or LOT. N60 146-11 B, with a processing date of 26.05.11. So far, the USDA has not received any illness reports. Once discovered, cases of the meet were not allowed in the US, although Honduran officials warned that the meat had made it through before the random sampling.

Globalization has allowed companies to use cost-effective means to produce their goods, while also providing Americans with foreign goods that would otherwise not be readily available. However, product recalls are common these days since companies rely so heavily on producing and importing their products from other parts of the world where certain standards for consumer goods may not apply as they do in the US. Furthermore, outsourcing will naturally lead to less control over one's own product.

If you have purchased Northwestern's meat and it contains the relevant product codes, be sure to dispose of it immediately. If you have ingested any of the meat, seek medical attention. For more information, call the USDA Meat and Poultry hotline at 1-888-674-6854.

Recently, Haier America, the New-York based appliance company, announced a recall of over 530,000 of it s blenders. The Associated Press reported that the product defect stems from the blades.

The assembly of the blades may break or come apart, which could lead to cuts and lacerations. According to the story, there have been around 60 reports of blades breaking. The blenders were sold throughout the U.S. between 2006 and 2009. Haier America will offer free blade assembly to replace the defect.

We have noted in our blog many incidents in which consumers throughout the country, including South Florida have been injured due to defective products. Whether it is defective Chinese drywall, floor mats in cars or cribs, consumers are subject to the inconvenience and dangers caused by product recalls. Luckily, watch dog groups and the U.S. Consumer Product Safety Commission are constantly investigating and enforcing safety standards.

The defective models are the stainless steel, 500-watt blenders with model number HB500BSS. If you have purchased one of these blenders or you need more information, you can get more information by calling 866-327-6147 or visit the company website or the CPSC.

This week, news has spread about the Consumer Product Safety Commission’s recall of over 2 million cribs manufactured by Canada-based Stork Craft Manufacturing because of a product defect. According to a report by Yahoo News, this is the largest recall of cribs in U.S. history.

Approximately 1.2 million of the cribs being recalled are in the U.S. and about 1 million cribs in Canada. So far, four infants have suffocated as a result of the defective cribs. South Florida parents should be concerned, as the cribs have been sold in major retail stores such as Sears and Walmart, and have been sold online through Costco and Target. The cribs affected by the product defects have been made and distributed between January 1993 and October 2009.

The defect occurs with the assembly of the product and the hardware itself, which can break or deform. Because parents often disassemble cribs and later reuse them for their other children, problems with hardware affects the reassembly and causes drop-sides to detach. The resulting space between the drop-side and the mattress can suffocate a child.

This recall, however, is just the tip of the iceberg for crib manufacturing. Over 5 million drop-side cribs have been recalled over the past two years, according to the Yahoo News report. CBS News also noted the problems with drop-side cribs, and that even the crib industry says that despite the convenience of the up-and-down side of the crib, the design of drop-side cribs do not meet safety standards.

Companies, states and groups are all taking action. Legislation in Suffolk County, N.Y. was passed banning cribs with sides that move up and down. Toys’R Us is no longer selling drop-side cribs, according to the CBS News report. AMS International, a group which sets voluntary industry safety standards for products, approved a standard requiring four non-movable sides for cribs.

We are thankful that the government, companies and groups are being proactive in solving this problem. However, consumers who have purchased these cribs must also take action. We urge anyone who believes that they have purchased one of these cribs to log on to Stock Craft’s website or contact Stock Craft at 877-274-0277 for more information and for a safety repair kit.

South Florida homeowners who have been victims of defective Chinese drywall which circulated throughout the country during the housing boom may have more worries ahead. According to the Sun Sentinel, the federal government has stated that there is a “strong association” between the drywall and pipe and wire corrosion.

The U.S. Consumer Product Safety Commission also stated that their continued investigation has found a possible link between sulfide gases emitted from the drywall and reported health problems by consumers. The CPSC, along with the EPA and the Center for Disease Control and Prevention, continue studying the effects of the drywall and said that it can now move ahead with further studies to find solutions to the problem and possible assistance from the federal government.

So far the CPSC has received over 2,000 complaints from homeowners in 32 states, with heavy concentration in Florida, and has spent over $3 million in studying the problem. Complaints by homeowners include not only the rotten-egg smell from the sulfur, but also sickness, corrosion of pipes, blackening of jewelry and damage to air conditioners.

WPBF Newschannel 5 in West Palm Beach also reported on this story, noting that Florida is one of the top five states with reported complaints about the drywall. If you believe that you have been affected by Chinese drywall, please call our office to discuss your potential claim for damages.

We recently wrote about Maclaren’s recall of Chinese-made strollers and how South Florida consumers have been exposed to and affected by defective products made in China. We also noted how our government representatives are taking action on this important matter.

WPTV Channel 5 News in West Palm Beach recently reported that Senator Bill Nelson was in West Palm Beach last Thursday speaking with local leaders on stimulating Florida’s economy. According to the report, which also includes a video link provided by WPTV, Senator Nelson addressed several issues, from unemployment and the current financial crisis to health care.

However, Senator Nelson also had strong words over the current problem facing some homeowner's about defective Chinese drywall which is believed to contain deposits of toxic sulphuric gas. Senator Nelson is pressing for a class action suit against the distributors of the product, stating the importance of holding those parties accountable for the problems which homeowners with the defective drywall face. Senator Nelson said that it is ultimately their responsibility to make the homeowners whole. He has also stated that he spoke with President Obama and his staff, and asked that the President address this issue on his current visit to China.

According to one article, over 500 million pounds of Chinese drywall was imported into the United States, which accounts to about 100,000 homes. Though the Florida Department of Health has received about 150 complaints, experts say that about 35,000 homes may have used the drywall.

f you or someone you know has been affected by Chinese Drywall n their home please contact our offices as soon as possible to discuss your potential claim.

Recently, Chinese-manufactured products have been a topic of controversy, both for consumers in South Florida and in the rest of the U.S. We have seen defects in toys, toothpaste, drywall, and now, baby strollers.

According to CNN Money, the Connecticut-based stroller maker Maclaren has recalled 1 million umbrella strollers due to a product defect which can lacerate or even amputate a child’s fingertips. There have already been 12 amputations across the U.S. due to children getting their fingertips stuck in the side hinges of the strollers while it is being opened or closed.

China‘s presence in the global market has grown over the years. Companies across the U.S. and Europe are setting up shop in China. Though these companies are keeping at pace with competition due to the cost advantages of manufacturing abroad, there have been dire consequences. Despite many factors such as rapid economic expansion and a lack of resources to keep up with such growth, it seems that differing standards in quality controls have been central to the many Chinese product recalls over the years.

China has responded to the growing concerns. In 2007, MSNBC reported that the General Administration of Quality Supervision, Inspection and Quarantine, which oversees Chinese-made products, set systems to address problems with quality control due to toxins found in products ranging from toys to toothpaste.

However, after two years, it seems that problems persist. CNN reported that the Florida Department of Health received over 150 complaints about levels of sulfur and sulfuric gases found in Chinese drywall.

Continue reading "Defective Chinese Products the Cause of Maclaren Stroller Recall" »

Earlier in April, the U.S. Consumer Product Safety Commission announced that clothing retailer Blair recalled over 160,000 of their Chenille robes due to a flammability hazard. The robes were allegedly responsible for the deaths of six women.

In a new development, WalletPop.com reported last week that Blair is expanding the recall to 138,000 robes, tops and jackets after a total of nine women have died from wearing the products.

So far, a majority of the deaths occurred to women while they were cooking. The CPSC attributes the malfunction due to the products’ failure to meet federal safety standards.

The CPSC also stated that the robes were manufactured by A-One Textile and Towel of Pakistan. The Los Angeles Times reported that the robes in the initial recall were labeled “100% Cotton, RN 81700, Made in Pakistan,” with the label item numbers 3093111, 3093112, 3093113, 3093114, 3093115 and 3093116, and were sold between January 2003 and March 2009.

The addition to the recall presently includes items which were sold between 2000 and 2007. A list of the defective products can be found on the CPSC’s report from October 22. If you own any of these products, you should stop wearing them immediately. Blair is offering a full refund or a $50 gift card.

If you would like more information about the product recall, you can visit Blair's website, or e-mail Blair at blairproductrecall@blair.com.

In the wake of recalls of defective automobiles over the past two months, a company has announced the recall of a much different product: baby food. According to the Miami Herald, California-based company Plum Organics announced the recall of its carrot and apple portable baby food because there are concerns that some of the products may be contaminated with botulism.

The product can be found at Toys R Us stores throughout the country. South Floridian parents should be cautious about this latest product recall. Toys R Us has several locations throughout the Broward, Miami-Dade, and Palm Beach counties, and botulism is a serious condition. According to WrongDiagnosis.com, there were 154 cases of botulism reported in 1999, with 23 being food-borne, and 92 infant cases. Symptoms of botulism include dry mouth and throat, blurred vision, typical symptoms of food poisoning, vomiting, and many others. Complications can lead to paralysis and death.

The Miami Herald and AOL News reported that the products believed to be affected come in 4.22 ounce pouches, with a UPC code 890180001221 and a “best by” date of May 21, 2010. So far, there have been no reports of illness or injury from the defective product.

If your family or someone you know is affected by this recall please call our office regarding any of your questions or concerns.

Last week, Ford Motor Company announced its biggest recall in historry due to a product defect which covered about 14.3 million vehicles. The Sun Sentinel has reported that Ford will add 4.5 million more vehicles to the list.

The recall came when Ford found a defect in the cruise control deactivation switch, manufactured by Texas instruments . According to the National Highway Traffic Safety Administration, the switch can leak hydraulic fluid and can overheat, creating the risk of fire even if the ignition is turned off or the car is parked.

Ford anticipates recalling about 1.1 million of its Windstar minivans from 1992-2003, according to CNN. The other 3.4 million vehicles from the Ford, Lincoln, and Mercury lines with the same switches will be recalled due to a risk of fire.

CNN also reported that the following models as those included in the added list of vehicles: 1995-2003 Windstars, 2000-2003 Excursion diesels, 1993-1997 and 1999-2003 F-Super Duty diesels, 1992-2003 Econolines, 1995-2002 Explorers and Mercury Mountaineers, 1995-1997 and 2001-2003 Rangers and 1994 F35 motorhomes.

Ford will being notifying owners by the end of the month about the recall, and also warns that drivers who own Windstar minivans from the years 1992-2003 should park their vehicles outdoors.

Continue reading "Ford Defective Switch Recall To Add Over 4 Million Vehicles " »

Toyota has announced that it will recall 3.8 million vehicles in the U.S. due to a product defect in which the floor mat can interfere with the accelerator and cause an auto accident. This is the company’s largest recall in its history, according to the Miami Herald. Previously, its largest recall was about 90,000 vehicles in 2005 due to a problem with the steering wheel.

This recall will have an impact on South Florida drivers. With so many Toyota dealerships in the Broward, Miami-Dade and Palm Beach counties, 2,217,662 in Toyota vehicle sales, and with the Prius and Camry being very popular vehicles, Florida drivers are likely to feel the affects of the recall.

The vehicles being recalled are: the 2007-2010 Toyota Camry, 2005-2010 Toyota Avalon, 2004-2009 Toyota Prius, 2005-2010 Tacoma, 2007-2010 Toyota Tundra, 2007-2010 Lexus ES350 and the 2006-2010 Lexus IS250 and IS350.

Toyota is working with the National Highway Traffic Safety Administration to find a solution to this product defect. Toyota expects owners to be notified as early as next week, but advises that, as a safety measure, owners should remove the floor mat from the driver’s side and not replace it. The NHTSA has already reported 102 incidents of owners claiming that the accelerator may have become stuck, although the NHSTA is unsure as to how many incidents involved a crash.

A report of a crash involving a Lexus in San Diego prompted the investigation into the vehicles. In August, California Highway Patrol Officer Mark Saylor and three others were killed in an auto accident. The NHSTA noted that the all-weather mat found in vehicle was longer than the mat the one belonged in it, which could have caused the mat to get caught under the pedal.

Continue reading "Defective Floor Mat Causes Toyota Recall of Millions of Vehicles" »

Tylenol has announced a recall of some of their children’s and infants products due to test results showing possible bacteria in an ingredient used in its products. As WPTV NewsChannel 25 reported, many South Florida parents are concerned about the recent recall due to the defect, including Kameca Richards of West Palm Beach, who uses Tylenol when treating her three-year-old daughter’s illnesses.

According to the Sun Sentinel, McNeil Consumer Healthcare, the maker of Tylenol, is voluntarily recalling 21 lots of pain, cold and cough medications for children and infants. The affected medications were produced between April and June. Purchasers of the recalled Tylenol products will receive a free coupon for a replacement.

McNiell said that it has not received any complaints so far and that it is considering this a low risk recall. However, while McNiell stated that it believes that none of the affected products were put out on retail, it encouraged concerned parents to contact their health care providers.

If you believe your child may have ingested the affected products, you should consult with your physician immediately. You can also take measures to prevent your children from being affected by these recalled products. For a list of affected products and for more information, go to the Tylenol.com website and click on “Children’s Tylenol News.”

The Palm Beach Post reports that a hearing will be held in Miami, Florida for a class action lawsuit against Proctor and Gamble Co., makers of Fixodent, and British-based GlaxoSmithkline, makers of National Institute of Health. Among the product liability claims are the defective nature of the creams, failure of the companies to warn of potential danger, and failure to take corrective measures.

In 2008, a report from the Neurology medical journal stated that there may be a link between zinc in denture cream and nerve damage. Four patients in the study used excessive amounts of denture cream and reported nerve disorders, according to doctors at the University of Texas Southwestern Medical Center. The report noted that the study was not conclusive, but further investigation is warranted. However, too much zinc can purge the body’s level of copper.

The companies maintain that the zinc contents found in their denture creams are safe when used as directed and should not be used to aid with poor-fitting dentures. While a tube of denture cream should last three to 10 weeks, the four patients in the study used excessive amounts of denture cream. Both Proctor and Gamble and GlaxoSmithKline have taken steps to address the issue, providing sections on their websites about zinc and distributing informative leaflets with their denture cream products.

While the American Dental Association also noted that the correlation between zinc in denture cream and neurological problems has not been proven, it cautioned individuals to refrain from overusing the products.

California-based company Muranaka Farm Inc. is recalling over 1,000 cases of parsley which were distributed to over 10 states throughout the U.S. due to possible salmonella contamination. The company decided to recall the cases of 60-count parsley, bunched with a rubber band, lot code 0023909, when a sampling aided by the FDA showed signs of bacteria.

The Palm Beach Post reported that 60 cases of Parsley were distributed to Florida. There were also 35 cases delivered to Colorado, 574 to California, 278 in Texas, and 30 in Arizona, to name a few. So far no illnesses have been reported.

According to WebMD, there are 40,000 cases of salmonellosis reported every year in the U.S. Symptoms include fever, diarrhea, and abdominal cramps. Most of the time, salmonella passes with time and with minor treatment such as drinking fluids to prevent dehydration, but in some cases it can lead to Reiter’s syndrome, which can lead to arthritis.

A man in the Miami-Dade area is suing an urologist for malpractice after undergoing a penile-implant surgery which resulted in an infection and the removal of most of the man’s penis.

According to the Miami Herald, 62-year-old Enrique Milla claims that South Florida urologist Dr. Paul Perito performed the surgery, done to treat erectile dysfunction, without informing him of the risks involved with penile implant procedures among people with diabetes. The procedure was done in August of 2007. An infection developed which led to gangrene, ultimately resulting in the removal of most of the man’s penis. Furthermore, Millas is now also unable to have sexual intercourse and must sit down to urinate.

Dr. Perito is based in Coral Gables, FL and is considered a leader in penile implant surgery. According to his website, Dr. Perito has performed over 2,000 penile implant surgeries, and “The Perito Penile Implant” was developed by the doctor through his many years of experience. Both sides differ on their opinion as to whether diabetes is a factor which would make such as surgery too risky to perform.

As remarkable as it may seem, the world’s largest toy maker has announced another recall of its products, which involves 800,000 Barbie accessories, Fisher Price train locomotives and bongo drums. The reason given for Mattel’s third recall was identical to the previous two; the presence of unacceptably high quantities of lead in the paint used to brighten these toys.

In early August, Mattel recalled 1.5 million toys featuring Elmo and other popular characters. Later in the same month, “Sarge” toy cars from the hit Disney movie “Cars” in addition to 9 million other toys containing tiny magnets were recalled. The total number of toys recalled by Mattel is now an incredible 19 million. The latest recall was announced jointly by Mattel and the Consumer Product Safety Commission (C.P.S.C.).

In September, a consumer watchdog web site Consumer Affairs.com published an article about a study done by a national non-profit agency called Kids in Danger, which proved that injuries among children in this country have more than doubled in the last five years compared to the previous ten years.

Despite these recent recalls, child safety experts are concerned that the market could still be flooded with these lead tainted toys. The government agency in charge of inspecting these products, the Consumer Products Safety Commission (CPSC), has only 15 inspectors for the entire country. You read that correctly. The United States of America, a country of 300 million people, has a total of 15 people in charge of inspecting all toys that are placed into the marketplace.

What’s even more disturbing is the fact that the C.P.S.C. is not legally able to levy fines against companies that withhold information about a recalled product. According to the ConsumerAffairs.com article, Mattel has been accused of doing this on at least two occasions.

So, what can we Parents do to protect our children?
• Sign up for the C.P.S.C.’s recall alerts at www.cpsc.gov. Whenever there is a dangerous toy being recalled, you’ll receive an e-mail alert.
• Go on the site and check for past recalls and make sure you do not have any of these toys in your home. Also, share this information with family and friends.
• If you find any toys in your home that have been recalled due to lead, you should consider taking your children to their pediatrician for a check up, including blood work. Quite often, the symptoms from lead poisoning can lie dormant for years.
• When purchasing new toys for your children, fill out the recall registration card so the manufacturer can contact you directly in the event of recall.

Our children in the South Florida area are in need of our help to keep them safe. When the very things they love may do them serious harm it us up to us as parents to do what we can in our small neighborhoods as well. Speak up at your play groups, send out a message to all the parents in your child's school, or volunteer to do a safety check in you child's school or day care to weed out any suspect toys. This may be a national re-call but it has small town implications and touches us all the way down to our own child's bedroom or playroom. So, let's get together South Florida and make a difference one child at a time.