April 21, 2012

Wine Goblets Recalled Because of Potential to Cause Lead Poisoning

American giftware distributer Enesco may not care what type of drink you imbibe, but the U.S. Food and Drug Administration takes an interest in the levels of lead you consume.

Earlier this month, the FDA announced a recall of ceramic wine goblets produced by Enesco, bearing the engraving “Any Wine Will Do,” because the content of the glasses exceeded the Food and Drug Administration’s (“FDA”) guidance levels for leachable lead and cadmium.

Enesco, an American corporation based out of Itasca, Illinois, specializes in knickknacks and other gifts, and was made famous by its ‘Precious Moments’ line of figurines. Approximately 300 of the dangerous wine goblets were sold in retail stores across the United States, including out of shops in Illinois.

The dangerousness of the product stems from the fact that increased contact with lead may lead to lead poisoning, which is a medical condition caused by heightened levels of lead in the body. Exposure to lead interferes with a number of bodily processes, and when a the concentration of lead in a person’s body leads to lead poisoning, individuals may experience symptoms such as abdominal pain, headaches, confusion, anemia, and, in more serious cases, seizures, coma, and death.

Though no cases of lead poisoning have yet been reported, Enesco is still legally responsible: corporations owe a duty of care to consumers. When they put products on the market that harm customers, those companies may be held legally responsible for damages from those injuries. If a customer develops lead poisoning as a result of using one of Enesco’s tainted wine glasses, the company could be held legally responsible for the monetary damages required to compensate the victim.

When consumers are harmed because products are unsafe, an Illinois personal injury lawsuit may arise, and the corporation responsible for production may be made to pay compensatory damages to put the consumer back in the position they were in before the injury occurred. This includes covering medical and hospital expenses, and in more serious cases, compensating the victim for a loss of normal life or lost wages. In some cases when the companies’ errors are egregious, they may also be made to pay punitive damages which serve to punish the company and to send a message to others in the same position to be more careful in the future.

According to the FDA’s official recall, the particular goblet in question is a white ceramic glass with the word “wine” painted on the exterior and interior in multiple colors. The phrases “Any Wine Will Do” and “I Would Like To Apologize In Advance For My Behavior Tonight” appear on the front and back in a yellow circle surrounded by black and white checks.

Consumers who purchased the wine goblet should return them to the place of purchase or contact Enesco for a refund.

If you have had an incident with a product that caused an injury, or are the survivor of someone who may have died from the use or exposure to a dangerous or defective product, it's important that you know your rights under the law. Contact an attorney if you purchased this wine glass and have suffered complications as a result.

March 25, 2012

Faulty Childproofing Locking Cabinets Recalled After Children Seriously Injured

The possibility of any injury is scary, but when there’s an increased risk of harm to young children, concern is even greater.

This week Dorel Juvenile Group, Inc. announced a recall of more than 900,000 Push N' Snap cabinet locks that were designed to prevent children from accessing potentially dangerous products.

Dorel Juvenile Group is a division of Dorel Industries, Inc., a Canadian-based corporation that manufactures ready-to-assemble home furnishings. Dorel Juvenile Group is the largest distributer of children’s furniture in the world, and manufactures products under several other brand names, including products produced on behalf of Costco, an American membership warehouse conglomerate.

The recall came after the company received more than 200 reports of locks that failed to secure the cabinet for which they were intended; the Consumer Product Safety Commission reported that the company knows of 140 children between the ages of 9 months and 5 years who were able to open the locks.

Tragically, in three separate cases, children were harmed because they got into chemicals that were supposed to be secured in the Dorel cabinets. The children were treated in emergency rooms after they swallowed or handled dishwashing detergent, window cleaner, and oven cleaner.

Under Illinois law, when a corporation manufactures a product and disseminates it to the public, that company is responsible for testing the merchandise prior to putting it on the market, and ensuring that when it is released to the public, it is safe for consumer use. In this case, parents purchased the locking cabinets, believing that the product would prevent their children from coming into contact with dangerous substances. If a product is made available to the public and, because of a flaw or defect the manufactured good, a consumer is injured, the corporation is responsible for the resulting damage, and a Chicago personal injury lawsuit may arise.

In this particular situation, if the locking cabinet failed to work as intended, and a child was harmed as a result of being able to access the contents therein, Dorel could be held legally responsible for the injuries that the child suffers.

When companies are held responsible in Illinois product liability lawsuits they may be made to pay compensatory damages, which attempt to put an injured person back in the position he or she was in before being injured, such as compensation for medical and hospital expenses, and the loss of a normal life following the injury. Additionally, in some cases, punitive damages may also be awarded; punitive damages are intended to punish wrongdoers and send a message to the responsible corporation and other companies to be more careful in the future.

This particular recall involves the Safety 1st Push 'N Snap cabinet locks with model numbers 48391 and 48442. Locks manufactured between January 2004 and November 2010 are included in the recall.

If you or a loved one have had an incident with a product that caused an injury, or are the survivor of someone who may have died from the use or exposure to a dangerous or defective product, it's important that you know your rights under the law.

February 20, 2012

Johnson & Johnson's Defective Design Responsible for Infant Tylenol Recall

Already, Johnson & Johnson, the American pharmaceutical and medical device conglomerate, is not having a good year.

This time, the corporation is recalling its entire U.S. supply of infant Tylenol after parents complained about problems with a new dosing system, reported MSNBC.

Johnson & Johnson is an American pharmaceutical and cosmetic manufacturer that disseminates packaged goods sold in more than 175 countries. The corporation is the largest healthcare company in the world, and has approximately 250 subsidiary companies, which include numerous household-known brand names of medications, first-aid supplies, toiletries, and beauty products.

This latest recall, initiated this past Friday, involves more than 574,000 bottles of grape-flavored liquid Tylenol, intended for children under two years of age. The product will be off the market for an indefinite time.

Issues arose due to a new bottle design, which was intended to prevent accidental ingestion and ensure accurate dosing; instead, said MSNBC, when parents inserted a syringe into the bottle, some accidentally pushed a protective cover inside.

Illinois products liability law is an area of law that protects the public from hazardous products. When corporations manufacture merchandise and distribute it to the public, they have the responsibility of ensuring that their product is safe for consumer use or consumption. When a customer is harmed, infected, or killed as a result of a flawed product, the company may be held liable for those injuries, and may be legally responsible for the damages stemming from the harm caused by the product.

When a company manufactures a product to be marketed to the public, the company is responsible for ensuring the safety of those products. There are three main types of Illinois product liability claims:

1. A manufacturing defect, which generally occurs when an otherwise safe product is assembled carelessly;

2. A design defect, which occurs when, no matter how well the product is put together, its intent or layout is inherently dangerous;

3. A failure to warn, which can occur when a product markets a product that they know to be potentially hazardous, and fails to warn consumers of the latent danger.

This particular recall results from a design defect. "We are looking for various alternatives for the redesign," said a spokeswoman on behalf of Johnson & Johnson.

This latest recall comes on the heels of a recall of Johnson & Johnson’s Animas brand of insulin pumps that were defective, yet made their way into the hands of consumers who were injured as a result. Moreover, in 2010, DePuy Orthopedics, a division of Johnson & Johnson, issued a voluntary recall of two of their hip replacement systems, after studies found that many patients who received these DePuy hip implants suffered from symptoms including pain, swelling, and difficulty walking, and had to undergo a revision surgery to correct painful issues with the implants.

Our Chicago personal injury lawyers have extensive experience handling Illinois products liability cases including DePuy Orthopedics cases, and have the knowledge and diligence to handle even the most complicated cases. If you or a loved one have been injured as a result of a defective product, contact an attorney immediately to obtain a better understanding of your rights under the law. Special laws are in place to protect consumers, and you may be entitled to compensation for your injuries.

January 24, 2012

Kia Motors Recalling Vehicles Because Airbags Won't Deploy

Our Chicago personal injury attorneys spoke too soon when we postulated last week that it was already a busy time of year for automobile recalls.

Following retractions by both Ford and BMW, Kia Motors is the latest automaker to have products join the list of retracted cars, after it was found that both Kia Optima sedans and Kia Rondo crossover vehicles have potentially faulty driver airbags.

Kia Motors America is the American branch of sales, marketing, and distribution of Kia Motors Corporation, a multinational car-manufacturing conglomerate that reported sales of over 1.4 million vehicles in 2010. Kia Motors America first began producing automobiles in the United States in 2009, and it is this plant at which the Optima sedan and other crossover vehicles are manufactured.

According to a report issued this week by MSNBC, Kia is recalling 145,755 vehicles across the United States because the clock-spring contact assembly for the driver's-side air bag supplemental restraint system may become damaged over time, potentially causing the driver's air bag not to deploy.

In 1984, the United States government amended the Federal Motor Vehicle Safety standard to require that cars produced after 1989 be equipped with either airbags or an automatic seatbelt. In the years since, statistics have shown the enormous benefits of airbags, and federal safety standards have increased to necessitate airbags in all passenger vehicles.

For most recently produced cars, a central Airbag Control Unit (ACS) monitors sensors within the vehicle to determine pressure on the car, impact to the automobile, and/or brake pressure. When the threshold on one of the sensors is reached, the ACS directs the airbag to deploy, which rapidly inflates a nylon fabric bag. The bag is slightly porous, and when the vehicle’s occupant collides with the airbag, it releases the inflating gas through small holes in the bag; in doing so, (and in addition to restraint provided by a seatbelt,) it precludes the passenger from colliding with the much harder inside wall of the automobile, preventing more serious injuries. If an airbag does not deploy as intended, the risks arise of the passenger either colliding with the car itself or with the still-inflating airbag.

Corporations owe a duty of care to consumers. When their products ultimately harm consumers, those companies may be held legally responsible for damages from those injuries. In this case, if a Kia owner’s airbag does not inflate properly upon impact, the driver of the vehicle could suffer more serious injuries than if the airbag had been working properly. Although Kia Motors would not be liable for causing the crash, they could potentially be responsible for causing circumstances that made resulting injuries worse.

Though to date, Kia Motors is not aware of any injuries caused by the faulty airbags, if a car accident occurred and the airbags failed to deploy, Kia could be held legally responsible for the monetary damages required to compensate the consumer if it can be shown that his or her injuries are worse as a result of Kia’s defective product.

When consumers are harmed because products are unsafe, an Illinois personal injury lawsuit may arise, and the corporations responsible for production may be made to pay compensatory damages to put the consumer back in the position they were in before the injury occurred. This includes covering medical and hospital expenses, and in more serious cases, compensating the victim for a loss of normal life or lost wages. In some cases when the companies’ errors are egregious, they may also be made to pay punitive damages which serve to punish the company and to send a message to others in the same position to be more careful in the future.

For this particular recall, the models affected are 9 5,569 2006-2008 Optimas and 50,186 2007-2008 Rondos. Our Chicago personal injury attorneys want consumers to be careful; if you have one of these cars, do not drive it until it has been examined by a licensed Kia dealer.

January 21, 2012

Plastic Pieces Found in Food Could Seriously Harm Consumers

Arguably sponge cake isn’t particularly healthy in any case, but given the FDA’s latest recall, this particular fare could be especially dangerous.

This latest food recall is for Rich Products Corporation’s 1/4 Sheet Artificially-Flavored Vanilla Pre-Soaked Sponge Cake. According to the report issued by the United States Food & Drug Administration, small plastic fragments ranging from 1/4 inch to 3/4 inches, from the pastry’s packaging were found in and on the cakes. As with any foreign object, ingesting these plastic pieces can be potentially dangerous.

Rich Products Corporation is a multinational food-manufacturing corporation headquartered in the United States. The company currently ranks number 161 on Forbes’ list of America’s Largest Private Companies, and sells more than 2,000 different types of products in 73 countries to retailers, in-store bakeries, and other foodservice distributers.

An investigation conducted by Rich Products revealed that the problem was caused by a change in the resin used by the supplier of the plastic packaging. The FDA stated that company is now working with the packaging’s supplier to ensure that defective containers are removed from distribution and that monitoring systems are in place to prevent this problem from happening again in the future.

Although no injuries have yet been reported, the potential for harm is significant enough that the corporation issued a voluntary recall as a precautionary measure. When foreign objects are swallowed, they can cause irritation, inflammation, and scarring to the digestive track. Additionally, they can obstruct passageways either by the size of the object or because of the scarring that is caused from the irritation.

In order to remove a foreign object – such as one of these plastic pieces – after it has been swallowed, a person may need to undergo either surgery or endoscopic foreign body retrieval, which is a collection of techniques in which a gastroscope is used to locate the item and remove it via manipulation.

Illinois product liability law holds that food distributers have a duty to sell reasonably safe food, and are responsible for products they disseminate to the public. When those products cause illness, injury, or death to consumers, the companies are liable for the harm caused. Individuals who suffer due to dangerous food products may be able to seek compensation for economic and non-economic damages.

In this case, if a person swallows one of these plastic pieces and is harmed as a result, Rich Product Corporation could be made to answer to an Illinois product liability lawsuit and be held legally responsible for damages to compensate the victim for medical and hospital expenses, as well as for harm suffered.

Products affected by this retraction include 1/4-sheet cakes sold at in-store bakeries across the country. Customers who have purchased these cakes are urged to destroy or dispose of the affected product.

If you or a loved one have been harmed by this cake – or any other kind of dangerous product – contact an attorney to understand your rights under the law. You may be entitled to compensation for your injuries.

January 18, 2012

A Busy Week for Car Recalls: BMW Joins the List

Following on the heels of Ford’s recall for a half-million defective vehicles, our Chicago personal injury lawyers were concerned to read about BMW’s recall of almost 89,000 Mini vehicles due to an issue with the electronic circuit board in the car’s inner-engineering.

BMW, or Bavarian Motor Works, is a German international luxury automobile-, motorcycle-, and engine-manufacturing conglomerate that owns and produces motor vehicles under the brands BMW, Mini, and Rolls-Royce. Although BMW started out as an airplane-engine manufacturer, it is now one of the world’s most successful automakers; in 2010, the BMW group produced almost 1,500,000 automobiles across all of its brands.

Nevertheless, Mini brand vehicles from model years 2007 through 2011 have been retracted from the market because overheating in the car’s circuit board may lead to fire. The flaw relates to the electronic circuit board that controls the electric auxiliary water pump used to cool the turbocharger. When it’s not working properly, the circuit board may overheat, which is what may cause the flames.

Corporations owe a duty of care to consumers. When they put products on the market that harm customers, those companies may be held legally responsible for damages from those injuries. If a fire starts in the Mini’s engine that causes an accident or injury to the consumer, the BMW group could be held legally responsible for the monetary damages required to compensate the victim.

When consumers are harmed because products are unsafe, an Illinois personal injury lawsuit may arise, and the corporations responsible for production may be made to pay compensatory damages to put the consumer back in the position they were in before the injury occurred. This includes covering medical and hospital expenses, and in more serious cases, compensating the victim for a loss of normal life or lost wages. In some cases when the companies’ errors are egregious, they may also be made to pay punitive damages which serve to punish the company and to send a message to others in the same position to be more careful in the future.

Nevertheless, this isn’t the first time Mini vehicles have faced this problem; last October, Mini brand cars were found to have a similar design issue that led to the recall of about 32,000 vehicles.

According to BMW, owners will be notified next month, and local dealerships will replace the defective water pump for free. Our Illinois personal injury attorneys want people to be especially cautious. If you have one of these types of vehicles, it is best not to drive it until it has been inspected or repaired by a licensed BMW/Mini dealer.

For this particular recall, affected models include: 2007-2011 Mini Cooper S;
2008-2011 Clubman; 2009-2011 Cooper S Convertible; 2011 Countryman; 2009-2011 Mini John Cooper Works (JCW); 2009 Clubman JCW; 2010-2011 Mini JCW Convertible.

If you or a loved one have been injured as a result of a dangerous or defective product, contact an attorney immediately to better understand your rights under the law. You may be entitled to compensation for your injuries.

January 16, 2012

Bed Bath & Beyond Products Recalled for Radioactive Contamination

Given what’s on it, you probably wouldn’t want to rub it on your face.

That’s what federal regulators are saying about tissues that have been contained in metal tissue holders distributed by Bed Bath & Beyond stores. According to the Chicago Sun Times, the tissue-box holders were contaminated with low levels of radioactive material.

Bed Bath & Beyond, a multinational domestic merchandise conglomerate, allegedly sold the products in more than twenty states, including Illinois; in a recent public statement, Bed Bath & Beyond, Inc. said that its Dual Ridge Metal boutique tissue holder has been carried in about 200 of its stores since July.

Bed Bath & Beyond, Inc. operates a chain of almost 1000 stores that pander mid-ranged home furnishings that are primarily intended – as the name suggest – for the bathroom and the bedroom. The corporation is counted among the Fortune 500, and the Forbes 2000 list of successful businesses.

According to the Chicago Sun Times, a spokesperson for the Nuclear Regulatory Commission stated that the domestic goods company has recalled the tissue holder from stores, but that there is no serious threat to human health. Nevertheless, Bed Bath & Beyond has retracted the product after state health officials pulled 12 contaminated boxes from the shelves of one of the retail stores, claiming that it’s better to avoid unnecessary exposure to radiation.

Moreover, the Illinois Emergency Management Agency says there is “no immediate threat” posed by decorative tissue box holders, and that it is coordinating with federal officials and Bed, Bath & Beyond, Inc. to identify and secure the contaminated products.

Authorities say the tissue holders contain manmade cobalt-60 radioactive material. Cobalt-60 is a synthetic radioactive isotope of cobalt, a silver-grey naturally occurring metal that is often used to create blue pigments. According to the Environmental Protection Agency, cobalt-60, the radioactive version of the metal, is used to detect structural flaws in metal parts, as well as in product sterilization.

When a person or animal is exposed to cobalt-60, though most of the radioactive material is excreted in feces, a small portion is absorbed by the kidney, liver, and bones; prolonged exposure may lead to radiation poisoning and cancer.

The symptoms of radiation poisoning depends largely on the dose of radiation exposure. Relatively small doses – as may be the case with the decorative tissue boxes – may present in gastrointestinal symptoms, such as nausea and vomiting.

When a corporation manufactures and distributes products to the public, that company is responsible for any injuries caused by dangerous or defective products. Businesses are expected to test their products prior to putting them on the market to ensure public safety. When defects affect consumers, those companies can be liable for damages resulting from the injuries their merchandise causes. This is how Chicago personal injury lawsuits arise.

When companies are held responsible in Illinois product liability lawsuits they may be made to pay compensatory damages, which attempt to put an injured person back in the position he or she was in before being injured, such as compensation for medical and hospital expenses, and the loss of a normal life following the injury. Additionally, in some cases, punitive damages may also be awarded; punitive damages are intended to punish wrongdoers and send a message to the responsible corporation and other companies to be more careful in the future.

Bed Bath & Beyond is recalling all of the “brushed metal” tissue boxes, and is asking any customers who bought them to return them for a full refund.

Nevertheless, if you or a loved one have been harmed as a result of this – or any other – defective product, contact an attorney to better understand your rights under the law.

January 14, 2012

Ford Recalls 500,000 Dangerous, Defective Automobiles

Illinois product liability law is an area of Illinois personal injury law that is triggered when a consumer is harmed by a dangerous or defective product.

This past Wednesday, the Ford Motor Company released a statement saying that it is recalling nearly 500,000 minivans and SUVs due to mechanical issues in the automobiles.

The Ford Motor Company is a multinational automobile-manufacturing corporation that produces the Ford and Lincoln brands, as well as owns stakes in Mazda, Aston Martin, Jaguar, Land Rover, and Volvo; production of the Mercury brand was discontinued after the 2011 model year. The company is the fifth-largest automaker in the world, and reported global revenues of $118.3 billion in 2009.

According to a report published by MSNBC, the American automaker is recalling 205,896 Freestar and Mercury Monterey minivans made during the 2004 and 2005 model years because their torque converter output shaft may fail, causing the automobile to have a sudden loss of power, which could potentially cause the vehicle to crash.

Additionally, Ford is retracting 244,530 Escape SUVs made during the 2001 and 2002 model years because their brake master cylinder reservoir cap could leak brake fluid; when that happens, if brake fluid leaks, it could corrode electrical connectors in the vehicle’s braking system and possibly lead to a fire.

Corporations owe a duty of care to consumers. When they put products on the market that harm customers, those companies may be held legally responsible for damages from those injuries. If any of the individuals who own these models of vehicles are injured because Ford’s products are defective, Ford could potentially be on the line for a lot of money.

Ford has stated that with both sets of recalls, they plan to inform owners, and have dealers replace the defective parts for free, but, because of a parts delay Ford may not be able to fix some of the dangerous Escape models immediately.

Our Illinois personal injury attorneys want people to be especially cautious. If you have one of these types of vehicles, it is best not to drive it until it has been inspected or repaired by a licensed Ford dealer.

We are particularly proud of the changes that our Chicago personal injury attorneys’ efforts have brought in the area of product liability. In many instances, they have not only recovered substantial verdicts and settlements for our clients, but also helped to ensure that the defective product was removed from the market and prevented from causing any further pain, suffering, and damage.

If you have had an incident with a product that caused an injury, or are the survivor of someone who may have died from the use or exposure to a dangerous or defective product, it's important that you know your rights under the law.

January 9, 2012

Face Lotion Recalled Because of Potentially-Deadly Bacteria

The FDA has just released a statement detailing the recall of Organique by Himalaya Nourishing Night Cream because samples of the face lotion were found to contain the bacteria staphylococcus aureus and a type of fungus.

Product liability is an area of personal injury law that focuses on dangerous and defective products. Illinois product liability lawsuits arise when manufactures and distributors of products disseminate hazardous or contaminated products to the public, and persons are harmed as a result. The corporations may then be held legally responsible for any injuries caused by the flawed merchandise.

According to the FDA’s report, the product in this case was distributed across the United States and Canada, and the bacteria were traced to the bottle’s pump components, which were supplied by a third-party manufacturer. Because there was no way to determine if all pumps used in manufacturing this particular line were contaminated, the Himalaya Drug Company is recalling the entire batch.

According to Buisinessweek Magazine, the Himalaya Drug Company is an international corporation whose products are sold in 60 countries across the world. The company develops, produces, and sells pharmaceutical, personal care, and consumer health products for children’s, women’s, men’s, and general health.

The product in question – the Nourishing Night Cream – was sold in a cylinder shaped teal bottle with an orange cap, said MSNBC.

Although the bacteria staphylococcus aureus is a natural microbe that is harmless in small amounts, when introduced to broken skin or to persons with compromised immune systems, it may cause Staph infections, as well as a variety of other illnesses that range from minor skin infections to potentially-fatal diseases such as meningitis, pneumonia, toxic shock syndrome, and sepsis.

To date, no injuries have yet been reported from the affected batches of Nourishing Night Cream, but if consumers do suffer infection from the lotion, the company may be held responsible for compensating victims for their injuries in an Illinois personal injury lawsuit. Damages may include such things as medical and hospital expenses to treat the effects of the disease, and, in more serious cases, compensation for the loss of a loved one after a wrongful death.

Himalaya Drug Company is voluntarily participating in the recall, and will test all third-party bottle components for disease, in the future. Consumers are urged not to use the cream, and instead to return the product to a retail store or directly to the corporation for a refund or replacement.

Our Chicago injury lawyers represent plaintiffs across Illinois in matters against corporations or manufacturers who have sold or manufactured unsafe products for consumers. “Products,” in this instance covers a wide range of categories, including

• Medical devices
• Machinery and tools
• Medicine and Drugs, both prescription and non-prescription
• Food and tobacco
• Toxic chemicals and substances, such as pesticides, asbestos, and mold
• Autos and other motor vehicles, including trucks and motorcycles
• Automobile accessories such as tires, seat belts, airbags and child car seats
• Household products and appliances
• Toys and recreational equipment, and
• Clothing and apparel

We are particularly proud of the changes that our Illinois injury lawyers’ efforts have brought in this area. In many instances, our attorneys have not only recovered substantial verdicts and settlements for our clients, but also helped to ensure that the defective product was removed from the market and prevented from causing any further pain, suffering, and damage.

If you or a loved one have had an incident with a product that caused an injury, or are the survivor of someone who may have died from the use or exposure to a dangerous or defective product, it's important that you know your rights under the law.

December 19, 2011

876,000 Honda Vehicles Recalled Due to Exploding Airbags

According to the latest report by MSNBC and the Associated Press, hundreds of thousands of Honda automobiles are being recalled because of a risk that the airbags could potentially explode, causing injury or death to passengers and drivers.

The company posted a notice on the corporation’s website, expanding the recall to include Honda and Acura vehicles, in which “affected driver's airbag inflators may deploy with too much pressure, which can cause the inflator casing to rupture and could result in injury or fatality," the message said. Reports suggest that up to 876,000 cars may be at risk because of the exploding airbags.

Honda Motor Company, Ltd. Is a Japanese corporation, primarily known for manufacturing automobiles and motorcycles. Honda is the second-largest Japanese automobile manufacturer, as well as the sixth-largest car-manufacturer in the world. Honda produces mainly small-to-mid-sized passenger cars, and released Acura, its luxury brand, in 1986.

When a corporation, such as a car manufacturer, produces a product that is to be sold to the public, that company is responsible for testing their product and ensuring that it is safe for consumer use. When a defective or dangerous product is sold to customers and that product harms customers, the company may be held legally responsible for injuries. This is how Chicago personal injury lawsuits arise.

When companies are held responsible in Illinois product liability lawsuits they may be made to pay compensatory damages, which attempt to put an injured person back in the position he or she was in before being injured, such as compensation for medical and hospital expenses, and the loss of a normal life following the injury. Additionally, in some cases, punitive damages may also be awarded; punitive damages are intended to punish wrongdoers and send a message to the responsible corporation and other companies to be more careful in the future.

This latest recall includes certain 2001 and 2002 Accord, 2001 to 2003 Civic, 2001 to 2003 Odyssey, 2002 and 2003 CR-V, 2003 Pilot, 2002 and 2003 Acura 3.2 TL and 2003 Acura 3.2 CL vehicles. However, the company also said airbag service parts were sold for installation in an unknown number of vehicles for collision repair or other services. Honda’s released press statement said that "Honda is unable to determine the specific vehicles that may have received the affected service parts through existing information, [so] Honda will inspect an additional approximately 603,000 vehicles and replace those parts as necessary."

Consumers should ensure that their vehicles are not affected by the recall. Nevertheless, if persons are injured or killed by these exploding airbags, Honda could potentially be liable for damages.

If you've had an incident with a product that caused an injury, or are the survivor of someone who may have died from the use or exposure to a dangerous or defective product, it's important that you know your rights under the law. Our Chicago personal injury attorneys understand the importance of protecting consumers, and even won a $3 million settlement against a car manufacturer that improperly designed the fuel delivery system of a vehicle, resulting in a fuel-fed fire after a head-on collision that killed the occupants of the vehicle.

December 16, 2011

Ocean Spray Craisins Recalled Due to Metal Particles in Food

Our Chicago personal injury lawyers were concerned to hear that – during this holiday season where cranberries are abundant at dinner tables across the country – the latest food recall affects Ocean Spray’s Craisins product, sweetened dried cranberries.

According to a report by MSNBC, certain lots of packaged and bulk Craisins were removed from the market after it was discovered that they may be contaminated with small, hairlike, metal particles. Packages affected by the recall are Craisins in 5-, 10-, and 48-oz packages, as well as bulk dried cranberries in 10-pound packages.

Ocean Spray is an American corporation that produces cranberry and grapefruit products such as juices, cranberry sauces, and dried fruits. Ocean Spray is currently the world’s largest grower of cranberries, and had sales of over $1.4 billion in 2005 alone. Although it is uncertain exactly how many packages are affected by the recall, officials estimate that it could potentially involve as much as 150,000 pounds of dried cranberries, based on the number of cranberries produced by Ocean Spray each year.

The metal particles were introduced into the food because of a malfunction on a piece of equipment at one of the company’s manufacturing plants. Although no injuries have yet been reported, corporations have a responsibility to ensure that their products are safe for consumer use. When companies – especially those involved in food manufacturing and distribution – put a product on the market, they are required to ensure that the product meets all applicable safety standards. If a product is dangerous, defective, or infected, the corporation may be held legally responsible for any injuries that are caused, and an Illinois personal injury lawsuit may arise.

The following packages of Craisins, identified by UPC labels, are affected by the recall:
• 5-oz. Craisins UPC: 00293-000, Best By: Oct 27 2012
• 10-oz. Craisins UPC: 29456-000 and 29464-000, Best By: Oct 27 2012, Oct 28 2012, Oct 29 2012
• 48-oz. Craisins UPC: 00678-318, Best By: Oct 27 2012, Oct 28 2012, Nov 3 2012, Nov 4 2012, Nov 5 2012, Nov 6 2012, Nov 7 2012, Nov 10 2012, Nov 11 2012
• 10-lb. bulk ingredient & food service UPC: 03477-000, Best By: 30 Oct 2013, 31 Oct 2013, 1 Nov 2013, 5 Nov 2013.

Spokespersons on behalf of Ocean Spray have stated that the manufacturing problem that caused the metal particles to get into the food has since been fixed. Nevertheless, consumers are urged to either throw the product away or call Ocean Spray for a refund.

When consumers buy products off the shelves of retail stores, those customers have the right to expect that the product will be free from hazardous defects. Special Illinois personal injury laws are in place to protect consumers from these dangerous products, and to help customers recover after they have been injured.

If you or a loved one have been harmed by a hazardous, defective, or contaminated product, seek medical attention immediately. Additionally, an attorney may be able to help elucidate your rights under the law.

December 6, 2011

Cosmetics Sold in Illinois Recalled for Bacterial Contamination

The U.S. Food and Drug Administration recently released a statement recalling “100% Pure Fruit Pigmented Cocoa Plum Eye Shadow” manufactured under the Purity Cosmetics label of Radical Cosmetics.

The eye shadow was pulled from the market after it was found to have been contaminated with Pseudomonas Luteola, a bacterium that has the potential to cause peritonitis, cellulitis, and bacteremia – bacteria in the blood that has the potential to cause sepsis and death.

Other products from the company’s manufacturing facility were tested for potential contamination but were found to be free from bacteria. Although no injuries have yet to be reported, the products were shipped across the country, including to retail stores in Illinois. Consumers are urged to discontinue use of the product and contact Purity Cosmetics for a refund.

Although cosmetics are generally regulated within the cosmetic industry, when necessary, cosmetic products are regulated by the Center for Food Safety and Applied Nutrition, a branch of the FDA that is also responsible for regulating food. Labeling of cosmetics is regulated by the FDA, and if merchandise has not been tested prior to being placed on the market, companies are required to place a warning on the products alerting consumers to this fact.

Before products are placed on the market they are required to undergo testing to ensure that they comply with industry safety standards. When dangerous or defective products cause harm or illness to consumers, manufacturers may be held legally responsible for the injuries caused by the products, and the monetary damages caused by those injuries. When this happens, it may give rise to an Illinois personal injury lawsuit.

Products liability law is a branch of Illinois personal injury law that is intended to help people who have been harmed by hazardous products. "Products" in this instance cover a wide range of categories, including:
• Medical devices
• Machinery and tools
• Medicine and Drugs
• Food and tobacco
• Toxic chemicals and substances, such as pesticides, asbestos, and mold
• Firearms
• Autos and other motor vehicles, including trucks and motorcycles
• Automobile accessories such as tires, seat belts, airbags and child car seats
• Household products and appliances
• Toys and recreational equipment
• Clothing and apparel
• And cosmetics and personal products.

Often, personal injury lawsuits are brought against liable companies to send messages to the corporations to be more careful in the future. Additionally, the publicity from personal injury lawsuits can incite recalls for the dangerous products

Continue reading "Cosmetics Sold in Illinois Recalled for Bacterial Contamination" »

November 26, 2011

Kotex Tampons Recalled Because of Potentially Deadly Pathogen

The FDA has just released a report recalling Kimberly-Clark’s brand of Kotex tampons from retail stores across the country. The recall affects stores in the Midwest region of the United States, and may potentially include tampons that have been distributed in Illinois.

Kimberly-Clark Corporation is an American company that manufactures and distributes paper-based consumer products in more than 80 countries. Among these products is the Kotex brand of feminine hygiene products, which includes several varieties of sanitary napkins and tampons.

The recall includes tampons with carton codes 15063 (18 count) and 15068 (36 count). These products include both 18-count and 36-count packages of the Kotex Natural Balance Security Unscented Tampons in the variety of Regular Absorbency. They were shipped to Wal-Mart stores and other retailers across the Midwest between October 29, 2011 and November 2, 2011. No other Kotex products or Kimberly-Clark products are affected by this recall.

The FDA’s report asserts that the tampons were manufactured with a raw material contaminated with a bacterium, Enterobacter sakazakii, which may cause health risks, including vaginal infections, urinary tract infections (UTIs), pelvic inflammatory disease or other infections that can be life threatening. Although there has been limited evidence demonstrating that the bacterium can be transferred between individuals, direct contact with the contagion, such as through tampon use, can lead to infection.

Although to date no reports have yet surfaced regarding injuries to consumers, if customers are in fact affected, Kotex, under the regulation of Kimberly-Clark would be responsible for damages caused by those injuries.

An important concept in Illinois personal injury law is the idea that companies are responsible for ensuring the safety of products that they put on the market. Corporations are expected to test their merchandise to ensure that the products conform with applicable safety regulations, and when dangerous and/or defective products are disseminated to the public, the companies may be held legally responsible for injuries that arise from the use of those hazardous products.

Stores that have received the infected tampons have been instructed to recall the dangerous product from shelves, and customers should return the defective tampons to their local retail store. Consumers who have used the affected tampons should consult a doctor immediately, especially if they are experiencing symptoms such as unusual vaginal discharge, rash, fever, headache, vomiting, or abdominal pains.

Our Chicago personal injury lawyers have handled a number of products liability cases on behalf of individuals across Illinois in matters against corporations or manufacturers who have sold or manufactured unsafe products to consumers. In fact, our lawyers obtained a $3 million Illinois personal injury settlement against a car manufacturer that improperly designed the fuel delivery system of a vehicle, resulting in a fuel-fed fire after a head-on collision which killed the occupants of the vehicle.

Dangerous products are a serious issue. As a consumer, you have the right to purchase a product without fear that it might be inherently dangerous. If you or a loved one has suffered injury as a result of a dangerous or defective product, contact an attorney immediately to be apprised of your rights under the law.

November 14, 2011

Foods Recalled Because of Presence of Wire Pieces: Illinoisans Especially at Risk

Our Chicago personal injury attorneys were concerned to read that the FDA has recently recalled two separate food products – each manufactured by a large-scale food processing corporation – because of the potential for small, thin, pieces of wire in the foods.

The recalled foods are three different varieties of Kraft Foods Inc.’s Velveeta Shells & Cheese Microwaveable cups, and Pepperidge Farm, Inc.’s Baked Naturals Sesame Sticks. Illinois consumers are at a heightened risk for injury from eating these particular foods: the foods produced by Kraft were manufactured in Champaign, Illinois, and distributed to retail stores across Illinois, and the Pepperidge Farm products were manufactured in one of Pepperidge Farm’s Midwest plants, and distributed to consumers across the Midwest.

Kraft Foods, Inc. is an American food and beverage conglomerate, headquartered in the Chicago suburb of Northfield, Illinois. Kraft Foods is the third largest food and beverage manufacturer in the world, and markets its products in more than 170 countries.

The three varieties of Velveeta Shells & Cheese Microwaveable cups were voluntarily recalled from the market after it was discovered that approximately 137,000 cases of the affected products were distributed to retails across the United States. Although there have yet to be reports of consumer injury due to the wire bristle pieces present in the product, if a consumer were to be injured when unknowingly chewing, swallowing, or digesting the wire piece, Kraft could potentially be held legally responsible for the customer’s injury.

Pepperidge Farm, the manufacturer of the other affected product, is an American commercial bakery, most known for products such as Milanos cookies and Goldfish crackers. To date, a number of incidents have been reported in which consumers have reported scrapes in and around the mouth. Although no potentially fatal cases have yet been documented, Pepperidge Farm incited the recall when it was discovered that approximately 13,000 cases of potentially dangerous products were distributed across the United States, particularly in the Midwest.

Products liability is an area of Illinois personal injury law that focuses on dangerous and defective products. "Products," in this instance covers a wide range of categories, including foods merchandised to the public. As a general rule, corporations are responsible for ensuring that the products they manufacture and sell are safe for human use and consumption. When the merchandise is unsafe and causes harm to customers, the company may be held liable for damages caused by the injuries from the dangerous or defective products.

Food manufacturers owe a duty of care to consumers. When foreign objects or contagions make their way into foods that are distributed to the public, and consumers are injured because of the dangerous products, the situation may give rise to an Illinois products liability lawsuit.

If you purchased either of the food items mentioned above, do not eat them. Either throw them away or return them to your local retail store for a full refund. Additionally, if you or a loved one have been injured by a food product, seek medical attention immediately. You may also be entitled to compensation for your injury and an attorney may be able to apprise you of your rights under the law

November 10, 2011

CooperVision Contact Lens Recall is Serious Cause for Concern

Our Chicago personal injury lawyers read with concern that the FDA has recently advocated for a recall of contact lenses produced by major contact lens manufacturing corporation, CooperVision, Inc.

CooperVision, Inc. is the fourth largest contact lens maker in the world, and the number one manufacturer of toric lenses, worldwide. Nevertheless, federal health regulators have issued public warnings and recalled nearly 780,000 contact lenses because of residue left behind in the lenses from manufacturing.

In a safety alert distributed by the FDA, the substance left in and on the lenses was identified as a silicone oil residue. As a result, the FDA issued a Class I recall, which is the most serious type of recall, indicating that a defective product poses a severe risk of harm to consumers, including significant injury or death.

The safety recall was prompted because consumers of the contact lenses have reported problems including discomfort, hazy vision, severe pain, and eye injuries requiring medical treatment and, in some cases, hospitalization. Many of these injuries have been linked to the CooperVision brand of Avaira Toric lenses, but other reports involved CooperVision brands other than Avaira Toric. Since the first complaint, dozens of consumers have reported problems that have been as severe as corneal abrasions and tears that required emergency medical treatment.

Affected CooperVision contact lenses were marketed to consumers in the United States, Australia, Hong Kong, and Spain. They were sold at eye-care providers internationally, and across the United States, including at large retail chain stores such as Walmart, Costco, and LensCrafters.

Users of contact lenses made by CooperVision are urged to return the potentially dangerous products and seek medical care if they are experiencing symptoms of eye irritation. In a statement posted on the FDA’s website, officials on behalf of CooperVision wrote: “If your lenses have been recalled, immediately remove your existing lenses, discontinue lens wear and return your lenses to your eye care practitioner or point of purchase.” Consumers can check to see if their lenses are affected by the recall by either calling the toll-free consumer hotline at 1-855-526-6737 or by checking CooperVision’s website.

Unquestionably this situation provides a prime example of Illinois products liability law. When a company manufactures and distributes products to the public, that company is responsible for any injuries caused by dangerous or defective products. Companies are expected to test their products prior to putting them on the market to ensure public safety. When defects affect consumers, those companies can be liable for damages resulting from the injuries their merchandise causes.

Our Illinois personal injury attorneys have handled a number of products liability cases and have extensive experience in handling consumer complaints over dangerous products. Our attorneys even won a $3 million settlement against a car manufacturer that improperly designed the fuel delivery system of a vehicle, resulting in a fuel-fed fire after a head-on collision that killed the occupants of the vehicle. Although that case differs in its facts from the situation involving contact lenses, the companies responsible for manufacturing and distributing the products are liable for the harm that occurred because of their products' defect.

If you or a loved one have suffered because of a dangerous or defective product, contact an attorney immediately to better understand your rights under the law.

August 22, 2011

Demands for ban of flaming gel fuel intensify

A Chicago man recalled his experience of sustaining personal injuries from the dangerous flaming gel fuel. He told the Chicago Tribune that he remembered seeing a fireball go towards him and when he tried to shield his face, the flaming gel covered his face, arm, and shirt. The 31 year-old Lakeview Chicago man was merely attending a housewarming party for a friend in Chicago. The friend had his deck decorated for the housewarming party, including a decorative table to hold a flame in the middle. The dangerous flame is fueled by a gel that comes out of a bottle and burns without a wick. When the flame went out or got low, his friend added more gel, causing the explosion to occur and spraying burning gel onto the Chicago personal injury victim as he sat a few feet away.

Continue reading "Demands for ban of flaming gel fuel intensify" »

August 11, 2011

Illinois Attorney General calls for ban on gel fuel products

The Attorney General of Illinois, The Honorable Lisa Madigan, issued an urgent request today about a dangerous product. She is calling on the Consumer Product Safety Commission to ban the sale of gel fuel products used in portable fire pots. The ceramic fire pots that use the gel fuel have been around for nearly two decades; however, more recently, they have been popularly used to create ambience and repel mosquitoes and other bugs. You have probably seen them or maybe your friends have them. Illinois Attorney General Lisa Madigan told reporters yesterday during a press conference at the State of Illinois building (Thompson Center) in downtown Chicago that the problem with the fuel gels is that they are usually sold in conjunction with a fire pot. These fire pots have a metal container that you pour the fuel gel into and then you ignite that fuel gel and put it outside. But, for many people, they do not think the fuel gel is lit when it actually is and they end up pouring more of the fuel gel into the fire pot. When they have done this, Madigan says, “it has horrible consequences.”

Attorney General Madigan addressed that an alarming number of people in the state of Illinois and across the country have been gel fuel victims. One of them was Chicago resident Jeff Sipple who received serious personal injuries while he was an innocent bystander at a social gathering. The Chicago personal injury lawyers were shocked to read that he was probably seven to ten feet away from the fire pot. Mr. Sipple stated that he thinks it is important for people to know that it was not somebody playing around. He was distanced from the fire pot and it burst into a ball and actually lit the left side of Mr. Sipple’s body on fire, causing serious Chicago burn injuries. Mr. Sipple explained that when he was trying to put out the fire, he also tried to stop, drop, and roll. The most haunting part of the Chicago personal injury victim’s story is describing how hard it was to put the fire pot out. He explained that “it’s lighting the stuff that we’re touching on fire. It’s a pretty harrowing experience.” There are several manufacturers of the fuel gel on the market and Illinois Attorney General Madigan is calling on the safety commission to ban all of them immediately.

Watch the video of Illinois Attorney General Madigan’s press conference about the dangerous product below.

 

June 12, 2011

Could we too suffer an E. coli outbreak?

Our Chicago food poisoning lawyers worry whether the U.S.A. is adequately protected to avoid an E. coli outbreak on the scale of the outbreak Germany and Europe is suffering now. The deadly outbreak of food-borne illnesses may seem a distant threat, but one recent editorial in the New York Times urges readers not to become too complacent.

As we all know, germs have a way of traveling and though our country's food safety systems are much improved, they are still not built to detect and prevent the spread of rare, dangerous forms of infectious agents. The deadly E.coli outbreak has been all over the news, but in case you have not heard, it has caused 2900 cases of illness, including more than 750 cases of serious kidney failure and 27 wrongful deaths. First, officials were blaming imported produce from Spain, then they blamed the food poisoning on beat sprouts from an organic farm in Germany. They have yet to pin down the cause. As time passes, it becomes more difficult to do so; people forget what they ate, contaminated food is thrown away, and farm equipment is disinfected.

Continue reading "Could we too suffer an E. coli outbreak? " »

May 12, 2011

Bunk beds recalled due to danger of collapse; light bulbs due to fire hazard

Our Chicago product liability lawyers frequently visit the Consumer Product Safety Commission website to review recent product recalls. Many consumers are unaware of product recalls, which leaves many people vulnerable to personal injuries due to dangerous products that may be in their homes. Two recent product recalls, bunk beds and light bulbs, are especially important. The bunk beds can result in injuries to children and the light bulbs are likely in a lot of homes!

The United States Consumer Product Safety Commission (CPSC) and Health Canada, in cooperation with the firm that manufactured the bunk beds, Dorel Asia SRL has issued a product recall for bunk beds. The product recall states that consumers should stop using the recalled products immediately unless otherwise instructed. The products are wooden bunk beds and about 445,000 units exist in the United States. The wooden side rails that run from the headboard to the footboard and hold the bunk bed’s mattress in place may split and cause the bunk bed to collapse, which poses a fall hazard to consumers. The manufacturer and CPSC has received over twenty reports of the side rails cracking or breaking, resulting in at least seven cases where the user had minor bruises or abrasions.

Continue reading "Bunk beds recalled due to danger of collapse; light bulbs due to fire hazard" »

April 1, 2011

Product recalls hit record highs last year

The Consumer Product Safety Commission (CPSC) latest annual figures show that at least 124.7 million products were recalled including children’s toys, Roman blinds, and chenille bathrooms. Overall, recalled products were associated with twenty-six deaths. Product recalls for some food and drug products hit record highs last year. According to Consumer Reports, many people do not do much to protect themselves and many companies do not take the necessary strong action to make sure that their customers are informed. There are websites (such as www.recalls.gov) that allow consumers to get information about product recalls of food, drugs, cosmetics, autos, and a wide range of other products. These sites are important because most consumers do not know whether the product they are using is safe or not.

Our Chicago product liability lawyers have long hoped that the CPSC website was more user friendly for individuals to search whether they had dangerous products. Fortunately, last month, the CPSC went live with a database where consumers can search for safety information on products they own or may consider buying: www.saferproducts.gov. Reporting product safety incidents through the database is simple and easy to use. Following procedures set up by law, CPSC will review all online reports and have five business days to transmit qualifying reports to the manufacturer where possible. Manufacturers then have 10 days during which they may respond and provide comments and/or claims. At the end of the 10-day period, if all requirements are met, the report and the manufacturer’s comments will be posted on the database website.

Visit the product safety database if you are concerned about any of the products you are using.