Philadelphia Top Injury Lawyer Blog

In a personal injury product liability verdict that product safety advocates hope will spark government restrictions on defective Chinese drywall, a Florida jury awarded a Miami couple $2.4 million in damages last week. It was the first of what promises to be many product liability suits in Philadelphia and across the nation targeting defective drywall produced in China and sold in the United States. U.S. drywall distributor Banner Supply Co. which supplied the drywall purchased and installed by the Florida couple has been named in thousands of similar product liability lawsuits involving defective Chinese drywall.

According to reports, the Florida couple installed Chinese-manufactured drywall supplied by Banner Supply Co. in their Miami home. Shortly thereafter, the couple was forced to vacate their dream home because of the foul odor and noxious fumes emitted by the drywall. Chinese-manufactured drywall has come under investigation by the Consumer Product Safety Commission (CPSC). Testing at the Lawrence Berkeley National Laboratory in California revealed that some Chinese drywall brands emit as much as 100 times more hydrogen sulfide than U.S.-produced drywall. CPSC investigations of more than 3,300 complaints about Chinese drywall have attributed hydrogen sulfide emissions to corrosion of appliances, air conditioning coils and other metals. The drywall with the highest level of hydrogen sulfide emissions was produced in China four to five years ago.

Thousands of homeowners in Philadelphia and across the country may be affected by the defective drywall. In typical experience, homeowner claims to insurance companies have been denied. Many builders and rehabbers have refused to respond to consumer complaints. Only one Chinese company, Knauf Plasterboard Tinanjin, has even acknowledged U.S. complaints. Frustrated homeowners are turning to Philadelphia personal injury lawyers to assert their product liability claims, recoup their losses and force replacement of this noxious, defective product in their homes.

If you believe you are the victim of defective Chinese drywall, contact a Philadelphia defective product attorney today about your rights.

Toyota, now facing more than 327 defective product and personal injury lawsuits in the U.S., is not the only automobile manufacturer placing Philadelphia drivers are risk. Chrysler has just recalled in excess of 600,000 vehicles in Philadelphia and across the country, including all Jeep Wranglers manufactured from 2008 to 2010. Three different safety recalls that have the potential to cause car accidents resulting in serious personal injury target defective brakes, defective doors and defective accelerator pedals in various Chrysler models.

• A brake defect on Chrysler's Jeep Wranglers causes excessive wear on brake tubes that can cause brakes to leak and lose power.
• A defective wire harness in the sliding doors of Chrysler Town and Country and Dodge Grand Caravan minivans can wear through and catch fire.
• Echoing Toyota's problems, sticky accelerator pedals on Dodge Caliber and Jeep Compass crossovers can cause unexpected acceleration.

Toyota's dismal response to auto safety issues and the legal fallout precipitated by the company's failure to act responsibly about defective products appears to be driving a surge in proactive auto recalls, although heightened government oversight certainly plays a role. In issuing the recent recalls, Chrysler noted that it had received no reports of accidents or personal injuries related to the product defects,

Chrysler is not alone in increasing product liability oversight. GM last week recalled 1.5 million vehicles in Philadelphia and worldwide to fix a defective heated windshield-wiper fluid system that could catch fire. Five fires have been reported in GM vehicles that include the defective wiper system. Toyota also continues to experience problems, recently recalling 3,600 Lexus LS sedans sold in Philadelphia and other U.S. cities because of a defective steering system.

If you own an automobile involved in a recall, see your Philadelphia auto dealers promptly for recall repairs. If you are involved in a Philadelphia car accident, talk to a Philadelphia personal injury attorney about your rights. Defective auto parts often cause or contribute to vehicle accidents.

Hamburger giant McDonald's is recalling millions of Shrek-themed drinking glasses sold at its fast-food restaurants in Philadelphia and across the U.S. Philadelphia parents are warned that the toxic metal cadmium has been discovered in the painted designs on the glasses. McDonald's recall of 12 million of the collectible glasses expands concern about the use of cadmium in consumer products. High cadmium levels in metal costume jewelry marketed to children have been the source of several defective product recalls issued since the first of the year. Unlike recalled cadmium-tainted jewelry manufactured in China, the McDonald's glasses were made in Millville, New Jersey. Cadmium can be added to paint pigments to create red and yellow.

In announcing the voluntary recall early this morning, the Consumer Product Safety Commission warned consumers to stop using the Shrek glasses immediately. There is concern that the cadmium in the painted designs could contaminate Philadelphia children and adults who handle the glasses. The 16-ounce glasses were being sold at McDonald's for $2 each to promote the hit movie Shrek Forever After. McDonald's said refund instructions would be posted on its website next week.

Highly toxic, the metal cadmium is a known carcinogen. Prolonged exposure can cause irreparable damage to kidneys and bones and can adversely impact brain development. Because their bodies and brains are still developing, young children are particularly at risk, warn Philadelphia personal injury lawyers. Repeated handling of painted glasses containing cadmium could allow the toxic metal to adhere to a child's hand and be ingested when the child touches his mouth. Over time, paint flakes from repeated washings could also cling to the inside of glasses, contaminating beverages placed inside.

Manufacturers and distributors have a responsibility to provide Philadelphia consumers with safe products. If you believe you or a member of your family has suffered personal injury related to use of a product, contact a Philadelphia personal injury attorney.

Toxic children's jewelry, cribs that can trap and kill children, infant slings that suffocate babies, cars with defective accelerators, poisonous food seasonings, power tools that endanger users - if you are a regular reader of this blog, you are aware of the many potential dangers the average Philadelphia consumer faces every time he makes a purchase. When you purchase a product in Philadelphia, you make the assumption that it is safe and will perform as advertised. As tragic experience has shown, sometimes that faith is misplaced and products we trust are defective, causing serious personal injury or death.

Manufacturers and suppliers can be held accountable for defects in products they produce or sell. Most product defects that result in Philadelphia product liability personal injury claims involve:

1. Defective design. Problems with defective products may begin almost at their inception with poor or faulty designs. Poor design is suspected in the acceleration problems associated with fatal Toyota car accidents and brake problems recently revealed on some GM cars.

2. Defective manufacture. Many product defects occur during the manufacturing process. Sometimes manufacturers do not follow product specifications or substitute inferior raw materials. This was found to be the case with toxic children's jewelry made in China. To save on manufacturing costs, Chinese manufacturers used toxic cadmium instead of aluminum to produce metal jewelry marketed to U.S. children. Only a few years ago, a similar problem erupted when Chinese manufacturers were found to be painting children's toys with harmful lead-based paint.

3. Defective marketing. Sometimes product marketing fails to adequately warn consumers of proper use or potential dangers associated with a product. Inadequate safety instructions and misleading package labeling have been cited by the parents of strangled infants in efforts to force the federal government to institute safety standards for window blinds.

Often it is only through product liability suits brought by Philadelphia personal injury attorneys that consumers are protected from defective products

In the wake of Johnson & Johnson's recall of popular children's pain and allergy medicines, Blacksmith Brands, Inc. has just recalled four defective children's medicines sold in Philadelphia and across the nation. Philadelphia parents are warned to immediately stop using PediaCare Multi-Symptom Cold, PediaCare Long Acting Cough, PediaCare Decongestant and PediaCare Allergy and Cold medicines. The recalled PediaCare medicines were manufactured at the same facility implicated in the earlier Johnson & Johnson recall of 40 children's medicines, the largest recall of over-the-counter medications in history.

Food and Drug Administration investigators have uncovered a lengthy list of violations at the Fort Washington, Pennsylvania pharmaceutical plant where the recalled medicines were manufactured. Numerous manufacturing defects and quality control problems have been discovered, including higher concentrations of active ingredient than specified, inactive ingredients that do not meet testing requirements, and contaminants, most notably metal particles.

Philadelphia pediatricians warn that personal injury reactions to the contaminated medicines may include rash, diarrhea or vomiting. Philadelphia parents are cautioned to seek immediate medical attention if their child develops adverse symptoms after taking one of the recalled drugs. Parents should stop using the recalled drugs immediately.

In a Congressional hearing into the children's Tylenol recall last week, Food and Drug Administration officials strongly criticized Johnson & Johnson officials for failing to act quickly when problems were discovered with its over-the-counter drug operation. While drug companies are required to notify the FDA of consumer complaints within three days, Johnson & Johnson waited nearly a year to do so. The FDA began pressuring Johnson & Johnson to act in February when it was apprised of quality issues with over-the-counter children's medicines, yet the company did not recall defective products until April 30, and then only under extreme FDA pressure.

Adverse drug reactions can cause serious personal injury to infants and children. If your child becomes ill after taking a defective medicine, seek the advice of a Philadelphia personal injury lawyer.

The Washington state maker of a popular defibrillator used for first aid by many Philadelphia businesses, manufacturers and emergency response teams has recalled more than 12,000 automated external defibrillators. Generally included in the equipment carried by EMT vehicles, portable defibrillators are a relatively recent addition to the first aid equipment installed on manufacturing plant floors, in doctor's offices, at recreational centers and swimming pools and in corporate and business settings. Portable defibrillators are also often carried with traditional first aid kits in police cars.

When an individual's heart stops beating, a defibrillator will often be used to "shock" the heart with an electronic burst that, hopefully, will start the heart beating again. According to the recall statement issued by Cardiac Science of Bothell, Washington, the recalled defibrillators "may not be able to deliver therapy during a resuscitation attempt, which may lead to serious adverse events or death." In plain language, the defective defibrillators won't generate enough juice to restart the heart.

The recall of Cardiac Science defibrillators involves devices manufactured or serviced between October 19, 2009 and January 15, 2010. According to news reports, the product defect was discovered by Cardiac Science quality control measures. The company says it has not received any complaints or reports of malfunctions in the field. However, Philadelphia personal injury attorneys point out that if a person failed to be revived with use of a defective defibrillator, the failure might be attributed to fate, not a defective product malfunction, particularly if the individual rendering first aid has no formal medical training. Since this is one of the express purposes for which the defibrillators are marketed -- i.e., the provision of first aid by average citizens in commercial and residential emergencies -- a product defect of this nature could make the manufacturer liable for personal injuries or death that might occur from use of this medical device.

During rush hour this morning, the Philadelphia driver of a minivan lost control of his vehicle and plowed into a parked car on Ben Franklin Parkway. The force of the Philadelphia car accident triggered a chain reaction that damaged two additional vehicles. No serious personal injuries were reported, and the accident is under investigation. It is not yet known what caused the driver to lose control.

Driver error is sometimes found to be the cause when a car veers out of control and causes property damage or a personal injury accident. Other times, the problem is mechanical failure as was the case recently with Toyota's accelerator problems. Many Toyota vehicles as well as other manufacturers' cars and trucks are equipped with a black box attached to the engine that records vehicle performance data during a crash. Used by automakers to solve problems, Philadelphia personal injury lawyers now regularly request that black box accident data be shared. While many automakers comply, Toyota typically had not.

In the wake of the recent Toyota recall, the U.S. House Energy and Commerce Committee has released a draft bill of legislation that would increase vehicle safety for Philadelphia citizens. The proposed legislation would require all new cars and trucks to be equipped with black boxes to aid car and Philadelphia truck accident investigators. The legislation would also eliminate the cap on civil penalties that limits automaker liability. If made into law, the measure would also beef up National Highway Traffic Safety Administration authority, enabling it to order immediate vehicle recalls if it believed a vehicle posed an "imminent hazard of death or serious injury."

Philadelphia personal injury attorneys support any measure that allows the victims of personal injury car accidents to obtain facts about car crashes. Black box findings could be a real help to Philadelphia personal injury investigators working to reconstruct car accidents.

Food and Drug Administration investigators have traced the E. coli outbreak that has sickened scores of people in the Midwest to romaine lettuce sold by Freshway Foods of Sidney, Ohio. Yesterday, Freshway Foods issued a recall of romaine lettuce sold in 23 states from the Atlantic coast to Kansas, including Pennsylvania. Freshway Foods sells pre-cut salad mixes, fruits and vegetables to restaurants, food service outlets, wholesale and in-store salad bars. A number of the people who recently suffered personal injury illness caused by ingesting E. coli contaminated lettuce had eaten at local grocery store deli salad bars. However, the FDA reassured Philadelphia consumers that the recalled lettuce is not sold as a retail product directly to consumers so the recall does not affect bagged or fresh lettuce purchased in Philadelphia grocery stores. The FDA is still investigating the source of E. coli contamination. It is not yet known if contamination occurred during lettuce processing, transport to the processing plant or during cultivation on the farm. Freshway Foods contracts with multiple lettuce suppliers.

This most recent E. coli personal injury outbreak has public health experts criticizing food safety procedures. Critics charge that inadequate testing has led to an unprecedented number of food-borne personal injury illness incidents in recent years. In the wake of recent E. coli contamination of beef products, Wal-Mart last week announced that it will now require its beef suppliers to test for additional contaminants beyond testing required by the FDA.

E. coli causes severe diarrhea and abdominal cramping that often necessitate hospitalization. While most healthy adults recover within a week but E. coli can kill. Children are particularly vulnerable. The current E. coli outbreak involves a rare and particularly toxic strain of the bacteria that is not included in standard food safety tests. If you are concerned that you may have been infected with E. coli from tainted lettuce, contact a Philadelphia personal injury attorney about your rights.

Philadelphia parents are understandably upset and confused by this week's sudden defective product recall of the pain and fever medications most used by parents, doctors and hospitals to treat children when they become ill. Over the weekend pharmaceutical behemoth Johnson & Johnson, Inc. announced a voluntary recall of infant and children's liquid Tylenol and Motrin, two of the country's most popular children's pain relievers. Other drugs the company markets for children and infants, including infant and children's Zyrtec and Benadryl, popular allergy medications, were also recalled. (Click here for more information from the drug manufacturer.)

According to information released by the U.S. Food and Drug Administration, in issuing the recall Johnson & Johnson cited manufacturing deficiencies that could affect the quality, purity or potency of the children's drugs involved. In a press release, Johnson & Johnson warned parents in Philadelphia and across the U.S. that the recalled drugs may contain higher concentrations of active ingredients than is specified on the package. Inactive ingredients that failed to meet Johnson & Johnson's internal quality control standards may also be evident in recalled medications. Some recalled children's medications may also contain tiny particles, the press release noted, although the content of those particles was not revealed.

The FDA said that so far it has not received any reports of children getting sick or dying from the tainted medications. However, doctors and Philadelphia personal injury lawyers warned parents to watch for and immediately report to their pediatrician or a hospital any worrisome symptoms, including rash, diarrhea or vomiting. If you suspect that your child has become ill or been made sicker from using one of the recalled drugs, contact an experienced Philadelphia personal injury attorney for a free case evaluation. The FDA said that parents can safely use generic versions of the recalled drugs, but reminded parents to carefully check for correct dosage amounts when switching drugs.

A Texas jury found that faulty design of a reclining seat caused the death of a passenger in a single car accident. The federal jury in San Angelo, Texas ordered Hyundai to pay $1.8 million in damages in the defective product and liability award connected to the defectively designed reclining seat in its Tucson SUV. It is the first time a jury has found that a reclining seat defect in an automobile has the potential to cause severe personal injury or kill and should serve as a warning to Philadelphia auto drivers and their passengers.

The Texas case concerned a personal injury car accident involving a 2005 Hyundai Tucson sport utility vehicle (SUV). A 19-year-old female passenger was ejected from the reclined seat of the SUV and killed in a tragic July 2007 car accident even though she was wearing a seat belt. The girl was napping in the fully reclined front passenger seat of the Hyundai SUV with the lap and shoulder restraints fully engaged when the driver of the car lost control and the vehicle rolled over. The girl's body slid out from under the seat belt and was ejected from the vehicle as it rolled, killing the teen.

Hyundai argued that seats are only meant to be reclined when the vehicle is not in motion. However, personal injury attorneys for the girl's family successfully argued that Hyundai and other car makers advertise reclining seats as a matter of passenger comfort while traveling. Advertisements often show passengers napping in reclined seats in moving vehicles. Growing evidence suggests that when an accident occurs, passengers in reclined seats are at serious risk of severe personal injury including paralysis and death. To enhance passenger safety, some auto manufacturers prevent seats from being reclined beyond a 45-degree angle or force seats to return to their upright position when an accident occurs. The 2005 Hyundai SUV had neither of these safety features.

In response to a flood of personal injury lawsuits over its defective auto acceleration system, Toyota has begun flooding Philadelphia and national airwaves with television commercials in an attempt to regain its once sterling image. However, the effort seems doomed in the wake of Toyota's newest car accident problem. This week the beleaguered auto dealer called a temporary halt to sales of its 2010 Lexus GX 460 SUV after Consumer Reports labeled the upscale sport utility vehicle a "safety risk."

In an unusual move for the respected consumer watchdog, Consumer Reports warned consumers through its blog not to buy the Toyota SUV because of a serious rollover danger. The consumer magazine has not issued such a warning since 2001. Concerned about the way the Toyota vehicle slides during certain common driving maneuvers, on its blog this week Consumer Reports researchers warned consumers that rear end sliding could cause the vehicle to rollover, saying:

"We believe that in real-world driving, that situation could lead to a rollover accident, which could cause serious injury or death."

Toyota has sold 4,787 of the Lexus SUVs since the first of the year to Philadelphia drivers and car owners across the country. Consumer Reports auto testers reported that in multiple tests simulating entrance and exit onto freeway off-ramps, in every instance the rear of the vehicle slid out dangerously and abruptly as the driver entered the turn and lifted his foot off the accelerator. Consumer Reports researchers said while the GX 460 is equipped with stabilizer control that is supposed to address this issue, the Toyota system doesn't intervene quickly enough, placing vehicle occupants at serious risk from a rollover accident. Rollover car accidents can cause traumatic personal injuries are often fatal.

If you have been involved in a Philadelphia car accident involving a Toyota SUV, contact a Philadelphia personal injury lawyer about your legal rights.

Seat belts save an estimated 15,000 lives in Philadelphia and across the U.S. every year, yet an average 6,000 deaths a year are caused by malfunctioning, improperly used or unused seat belts. According federal statistics, 60% of Americans killed in traffic accidents were not wearing seat belts, resulting in more than $50 billion in medical care costs, lost productivity and other costs related to personal injuries suffered in car accidents in Philadelphia and across the country.

The $3.7 million national Click It or Ticket traffic safety campaign has increased consumer awareness of seat belt safety. About 71% of drivers and passengers consistently wear seat belts. Those who fail to buckle up cite seat belt discomfort or movement impairment. America's obesity epidemic also plays a role. The seat belts in some vehicles simply won't go around larger drivers and passengers.

Even when seat belts are properly sized, defective seat belt design, inferior seal belt materials or poor manufacturing processes can play a significant role in causing personal injuries incurred during a car accident. During a car accident, seat belts are supposed to protect vehicle occupants from collision with components in the car's interior including the steering wheel, windshield and roof. However, faulty installation, manufacturing or design can cause defective seat belts to detach from their moorings. Poor quality materials used in the manufacturing process can fail under crash forces and fail to restrain vehicle occupants. Defective seat belt mechanisms can seize up and fail to work properly. But seat belt latch defects are probably the most common seat belt problem associated with car accidents.

When seat belts fail in Philadelphia car accidents, the problem is usually traced to defective seat belt or latch design, use of inferior raw materials, defective manufacturing practices or a combination of these issues. If you are involved in a car accident that results in serious personal injury or fatality, possible seat belt failure is only one of many issues that will be investigated by your Philadelphia personal injury attorney.

New federal rules targeting lead paint dust highlight a serious personal injury threat for Philadelphia residents contemplating a home remodeling project. Beginning April 22, new Environmental Protection Agency (EPA) rules will require that all contractors be certified and trained in safe methods for reducing job site dust. The new rules apply to any remodeling or construction job with the potential to release paint dust into the air. Training and new safety measures are expected to add $8 to $167 to the cost of interior remodeling projects, more for exterior jobs.

From window replacement to major projects like a room addition or kitchen rehab, most remodeling projects create large quantities of construction dust. In homes painted with lead paint, even if that paint has been covered over with lead-free paint, construction dust will include particles of lead from old paint. When breathed in, these lead particles can cause brain damage; behavioral, learning and growth difficulties; hearing problems; and headaches in still developing children. Lead dust can cause reproductive problems in adults, nerve disorders, muscle and joint pain, high blood pressure and memory loss. Although lead paint was outlawed in 1978, the EPA has linked many recent cases of lead poisoning personal injury to remodeling projects.

Nearly all Philadelphia homes built before 1940 (87%) were painted with lead paint. From 1940 to 1960 as newer paint formulas were developed, the EPA estimates that lead paint was used in 69% percent of homes. That figure dropped to 24% from 1961 to 1978 as the dangers of lead paint were discovered. Since its discontinuation in 1978 no U.S. homes have been contaminated with lead paint. However, particularly in older homes, the danger of serious personal injury persists when old paint is uncovered during remodeling.

Philadelphia stores are removing bag-shaped baby slings from store shelves in response to a federal recall of more than 1 million Infantino manufactured baby slings. Baby slings sold in Philadelphia and other cities in the U.S. and Canada have been linked to severe personal injury risk for infants and implicated in at least 14 inadvertent infant suffocations, three last year. (See our March 19 post on infant sling personal injury risks.)

This week the U.S. Consumer Product Safety Commission ordered the recall of the SlingRider and Wendy Bellissimo infant slings that are linked to the three infant deaths that occurred last year. Wendy Bellissimo baby slings were sold exclusively at Babies-R-Us, but the SlingRider infant carriers were sold at Wal-Mart, Target, Babies-R-Us and other stores in both the U.S. and Canada. According to the warning issued by the Consumer Product Safety Commission, the defective product fabric slings can block a baby's breathing, resulting in suffocation. As the parent moves about while the baby is in the sling, it is also possible for the baby's chin to be forced against his chest, making it difficult for the infant to breathe and presenting a serious risk of personal injury or suffocation.

Baby slings have been used by various cultures for centuries. Designed properly, experts say infant slings provide a valuable connection between baby and parent. However, some experts say usage instructions included with infant slings may not be clear and that many parents are wearing slings incorrectly or using the slings with infants who are too young. Many slings are safe only for babies who are at least four months old and have developed a degree of muscle tone. When used with younger infants, these slings pose a severe risk to Philadelphia infants.

If you own a recalled baby sling, stop using it immediately. Contact a Philadelphia personal injury lawyer about personal injury and defective product law.

More than 500 children in Philadelphia and across the country have been strangled by window blind and window shade cords since 1980, according to the Consumer Product Safety Commission. That's an average of one child death per month due to unsafe or defective window blinds or shades. In 2007, an Ohio woman found her 16-month old toddler dead in his crib. Wrapped around his neck was the cord of a window shade she had purchased specifically because the box was labeled safe for children. The child's mother is one of many bereaved parents angry with an industry that has failed to address a serious defective product issue, despite its tragic personal injury record.

According to a recent Associated Press investigation, redesigns and recalls in the window shade and window blind industry haven't changed fatality figures much. Records kept by the advocacy group Parents for Window Blind Safety shows an average 14 deaths per year between 1990 and 2000. The group is concerned, however, about a disturbing recent rise in the fatality rate of window blind and window shade personal injury accidents. Since 2008, fatalities have increased to 17 deaths per year.

Despite numerous personal injury problems and a rising child death rate in Philadelphia and across the U.S., federal agencies have failed to regulate safety standards for the window blind and window shade industry. Federal law prevents the Consumer Product Safety Commission from setting mandatory safety standards for products even if voluntary standards fail to provide a safe product. Often manufacturers do not remedy safety defects in their defective products until personal injury lawyers win high-priced settlements that cause them financial duress. The Ohio woman whose baby was strangled by a window shade cord sued the manufacturer and seller of the defective product and did win a high-priced settlement.

If you have experienced personal injury from a defective product, consult a Philadelphia personal injury attorney for a free case evaluation.