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Articles Posted in Product Liability

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bedroom-670249_1280-300x200October is National Window Covering Safety Month. Tragically, children have silently suffered catastrophic injuries or strangled to death on cords for window coverings like blinds and drapes. It doesn’t take much time for a child to get a cord caught around his or her neck. As a matter of safety, it is wise for parents and caregivers to install cordless blinds. The Consumer Product Safety Commission (CPSC) recently advised consumers to buy and install cordless window coverings in those rooms where their children are. It is expected the CPSC will issue a new rule to regulate corded window coverings that are stock items, though custom items will likely remain unaddressed.

Generally, you can buy a cordless window covering at most major retailers and online retailers. Many of these are quite affordable. Certain safety steps should be taken if you can’t replace your existing corded blinds. The cords that remain should be made as short as feasible to keep them out of reach of children. Cords that cannot be made any shorter should be tucked out of reach or anchored to the wall. Stops should be properly adjusted to stop the inner lift cords from moving. A baby’s crib or child’s bed should be moved away from both the window and any cords that are attached to window coverings.

The CPSC has reported that around 9 children who are five or younger died every year when strangled by the cords on window coverings. Children as old as 8 have also been at risk of strangulation hazards; there were 200 incidents from January 2009 – December 2020.

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woman-1845311_640-e1633453576734Fall Hazards with Antigravity Chairs

The Consumer Product Safety Commission (CPSC) recently announced Kohl’s recall of SONOMA Goods For Life-branded Ultimate Oversized Antigravity Chairs. Kohl’s stores sold the chairs from January 2019- June 2021 for around $240. The chairs come in various colors. They are built with aluminum frames and legs, fabric backs, and removable head pillows fixed in place with Velcro. A tag is sewed into the fabric on the chair’s seat. Consumers were told to stop using recalled chairs and return them to the store. If you were injured in a fall due to an antigravity chair, you should discuss what happened with the experienced Chicago product liability attorneys of the Moll Law Group. Billions of dollars have been recovered in litigation with which we’ve been involved.

Fall Hazards Arising Out of Antigravity Chairs

Prior to the recall, there were 18 reports made to Kohl’s of the antigravity chairs breaking or collapsing. In two instances, users received minor injuries. As a consumer, you should stop using the recalled antigravity chairs immediately and bring them back to the store. If you have a receipt, you can get a full refund. You will get store credit if you don’t have a receipt.

Product Liability Lawsuits

If you were injured in an antigravity chair, you may be able to recover damages. Each state follows its own rules regarding which theories may be used to pursue damages. Product liability lawsuits tend to be complex, which is why it is critical to retain a lawyer with experience in this practice area.

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magnets-113315_1280-300x225Children in Chicago and elsewhere are often extremely curious. They may put things in their mouths that are dangerous or should not be consumed. Among the many attractive products that may intrigue kids are magnets, whether refrigerator magnets or magnetic spheres or toys that contain magnets. They may be drawn by a bright color or by a toy’s magnetic properties. In August 2021, Zen Magnets and Neoballs Magnets were recalled because they posed an ingestion hazard. If you suspect your child has swallowed a magnet or more than one magnet, it is crucial to take him or her to receive emergency care. You may be concerned about the bills. Many families do not have enough money to cover the hospital bills or care required by the injuries suffered due to magnets. You should discuss what happened with the experienced Chicago attorneys of the Moll Law Group. Billions have been recovered in cases with which we’ve been involved.

Recall of Zen Magnets and Neoballs Magnets

When a child swallows two or more high-powered magnets, whether accidentally or intentionally, the magnets that were consumed may be attracted to each other or a different metal object. They could become lodged in the child’s digestive system. The presence of the magnets can result in twisting or blockage of the intestines, along with blood poisoning and death.

The mandatory recall involved both Zen Magnets and Neoballs magnets, which are highly powerful spherical magnets that are 5 mm in diameter.  Neoballs are sold in a range of colors, including green, red, purple, blue, silver, gold, and orange. They were packaged with “Neoballs’ or “Zen Magnets” printed on the package. In total, around 10 million magnets, packaged individually and in sets, were recalled.

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cooking-4299302_1280-300x199Parents in Chicago and around the country should be aware that recently, Ryan and Rose recalled the Cutie Spoovel utensil. The Cutie Spoovel is a transitional tool little kids use to eat, and it can present a danger. The handle of the Cutie Spoovel utensil can break off; this results in the release of small parts, posing a choking hazard for young children. The tool comes in two colors and is fashioned from a plastic core sheathed in silicone. The back of the spoon identifies the utensil as made by “Cutie Spoovel” and RR is printed on the handle back.

The manufacturer received three separate reports that the Cutie Spoovel utensil’s handle broke when a child bit down on it. Neither injuries nor choking have been reported. The Consumer Product Safety Commission (CPSC) advised all recalled utensils should be removed from children. They should be disposed. The company can be contacted for either a full refund or a $20 shop credit.

In addition, if your child suffered injuries because of a Cutie Spoovel or other utensil for children, you may be able to recover damages in a product liability lawsuit. These lawsuits are brought when a person who used the product is injured by a defect in it. You and your child might be able to recover compensation if your child was injured by a defective Cutie Spoovel utensil or another child tool.

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On September 1, 2021, United States Consumer Product Safety Commission announced that TurboSKE toddler bike helmets had been recalled. Around 860 units had been sold. The reason that these helmets were recalled was because they present a risk of head injury to small children. While this specific recall involved TurboSKE toddler bike helmets, as a parent you should be aware that other helmets kids wear have presented dangers and been subject to recall and warnings in the past. Traumatic brain injuries, skull fractures and other head injuries can dramatically alter a Chicago child’s future.

When your child wears a helmet that is defective such that he or she sustains serious injuries, you can pursue damages by filing a lawsuit. It’s important to retain an attorney who understands how to present your case persuasively to manufacturers, insurers, mediators and the court. If your child suffered head injuries in a bicycle accident and you suspect it was the result of manufacturing, design or marketing defects in the bike helmet being worn, you should call the experienced and compassionate Chicago-based product liability attorneys of the Moll Law Group.

As a parent in Chicago or another city, you may delight to teaching your toddler how to ride a tricycle or bicycle. Helmets are an important part of a parent’s instruction on riding a bike safely. Frequently, parents also put helmets on toddlers because the toddler is riding on a seat on the back of the parent’s own bicycle in traffic. A negligent driver of a larger vehicle may cause an accident that results in catastrophic or even fatal head and neck injuries. It is tragic when a child unknowingly wears a defective bike helmet and gets into a serious collision or spill.

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At the start of the COVID-19 pandemic, there were many questions about how best the public should protect itself. Among the recommendations were more frequent hand washing and hand sanitizing. Since then, there’s been a new Delta variant causing new surges, and yet there are some dangers consumers should be aware of when using hand sanitizers to guard against COVID-19 and its variants. The United States Food and Drug Administration (FDA) has built a fairly long list of recalled hand sanitizers. At last look, there are 255 different recalled hand sanitizers listed. Chicago consumers should stay aware of the potential harm of these products.

According to the FDA, around nine hand sanitizers produced in Mexico contained high levels of methanol. Methanol is produced from vegetation, microbes and volcanic gases. It’s often used as a solvent in various pharmaceuticals and as an industrial solvent for dyes, adhesives, resins, and inks. Importantly, consumers should be aware it is a chemical that may have detrimental effects whether exposure is short-term or long-term.

Symptoms of toxic exposure to methanol include vomiting, nausea, headache, permanent blindness, coma, seizures, permanent nervous system damage or death. If you were exposed to hand sanitizer that has methanol in it, you should get treated immediately.

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In spite of its efforts to stop the distribution of dangerous weight loss and sexual enhancement products, the Food and Drug Administration (FDA) continues to discover weight loss and sexual enhancement products that violate the federal Food, Drug, and Cosmetic Act at various online stores. Consumers in Chicago and elsewhere should be wary of purchasing these types of products online.

The FDA has warned consumers about dangerous products available at online retailers for a decade, but in spite of efforts to improve safety in these spaces, violations persist. On July 26, 2021, the FDA issued a letter to let Amazon know that it was distributing weight loss and sexual enhancement products that violate the federal Food, Drug, and Cosmetic Act. The distributed products include hidden ingredients that could have harmful medical consequences.

The FDA sampled 26 products it bought on Amazon. It also sampled 25 products it bought on eBay. Alarmingly, the FDA found that all 26 of the drugs bought on Amazon contained undeclared active ingredients. 20 of 25 products purchased on eBay also did. None of the potentially harmful ingredients in these products is declared in the product labeling so that consumers know to seek physician supervision and advice with regard to them. For instance, an FDA lab analysis confirmed that X Rated Honey for Men includes tadalafil, which is the active ingredient in the erectile dysfunction drug Cialis. Likewise, analysis found tadalafil, the active ingredient in the FDA-approved prescription drug Cialis, in Adam’s Secret Extra Strength 2000 sold through online retailers.

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Earlier this month, the Food and Drug Administration (FDA) issued a warning regarding

FDA Warnings

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g0d4ather/Shutterstock.com

two breast implant manufacturers for their failure to comply with specific regulatory requirements. According to the official FDA press release, the FDA sent warning letters to Allergan and Ideal Implant Incorporated.

The Warning Letters

Under United States regulations, the manufacturers of silicone breast implants must conduct studies to ensure the continued safety of their products, even after the product has obtained FDA approval. According to the FDA, these post-approval studies are designed to “further evaluate the safety and effectiveness of the products and to answer additional scientific questions about the long-term safety and potential risks of breast implants that their premarket clinical trials were not designed to answer.”

Notably, the FDA requires this follow-up testing even if the manufacturer voluntarily recalls a product. These post-approval studies are crucial to evaluate the continued safety of recalled breast implants for those who already have had the devices implanted.

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In 2015, the International Agency for Research on Cancer, a division of the World Health Organization, classified glyphosate, the active ingredient in Roundup, as a possible carcinogen. While this is not the first product that presents a risk of cancer to users, the Roundup cases are unique because so many people have been exposed to the product. Since the discovery that Roundup may cause cancer, there have been thousands of product liability lawsuits filed against Bayer, the German manufacturing giant. Bayer purchased Monsanto, the company that initially created and marketed Roundup, in 2018.

Roundup

Photo Credit: Sheila Fitzgerald / Shutterstock.com

These product liability claims seek to hold the company accountable for tragic effects caused by its herbicide, which the company did not disclose to consumers. Over the past few years, several of these cases went to trial, resulting in multi-million-dollar verdicts, totaling over $2 billion to date.

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Earlier this year, the manufacture of the popular herbicide, Roundup, was found to be liable in a series of product liability lawsuits and ordered to pay a total of $2 billion in punitive damages. In addition to these cases, there are approximately 13,400 others who are waiting for their case to be heard, all of whom claim that glyphosate, the chemical found in Roundup, is responsible for their cancer diagnoses.

Roundup in cereal

Photo Credit: Denis Makulov / Shutterstock.com

Over the years, Roundup has been used to treat crops across the United States. It is also used as a desiccant, or a drying agent, that is sprayed onto crops – especially oats – just before they are harvested. Farmers use glyphosate to kill the crop so that it dries out faster, allowing manufacturers to process the oats more quickly. As a result, it has been suggested that high levels of glyphosate can be found in certain oat products. Thus, the dangerousness of Roundup may not only affect adults who used the product, but also anyone who consumes food containing glyphosate.

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