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.

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.

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.

What is your hand worth? Is your right hand worth more than your left hand? You can function with one hand, but what if you earn your living by typing on a computer keyboard? Can you still provide for your family if you only have the use of one hand? Will your employer fire you if you can't produce at the same rate as someone with two functioning hands? No one in Philadelphia likes to think about these things, but people lose a hand or the use of a hand or other body part every day in tragic construction accidents, car accidents, truck accidents and motorcycle accidents.

Insurance companies that insure Philadelphia businesses and residents spend thousands of hours pouring over statistics to arrive at the cost of a limb or an eye or a person's ability to sit or stand or walk. Using complicated calculations, insurance companies decide what they will pay the victim of a Philadelphia personal injury accident if the person loses a body part or the use of a limb or if he loses the ability to perform a basic human function such as walking.

Insurance companies tend to be one size fits all. Without a legal push, they are generally unwilling to factor in the importance of lost function to the individual and his family. Without a legal push, insurance companies are usually uninterested in how the loss will impact the individual's personal and family life. Without a legal push, they are often indifferent to how loss of use will affect an individual's ability to support himself and his family now and into the future. Experienced Philadelphia personal injury lawyers supply that push.

Philadelphia personal injury attorneys fight for the rights and needs of Philadelphia personal injury accident victims. If you are the victim of an accident, don't accept the insurance company's offered settlement without first talking to an experienced Philadelphia personal injury lawyer.

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.

Auto safety issues seem to be making Philadelphia headlines daily. Honda yesterday announced a recall of Element and Odyssey models to repair squishy brakes. A vehicle stability assist modulator connected to the brake assembly appears to be faulty and has been linked by the National Highway Traffic Safety Administration to several car accidents. The recall comes on the heels of Honda's recall of nearly half a million vehicles for malfunctioning air bags that can burst and cause serious personal injury, peppering vehicle occupants with metal fragments.

Toyota's acceleration problems continue to worry Philadelphia car owners and baffle federal regulators. Despite several repair efforts, sudden acceleration on Toyota vehicles remains a problem. Federal regulators are now investigating whether cosmic rays from space, known to affect airplane and space shuttle systems, might be interfering with car computer systems. NHTSA has also tracked fatal acceleration car accidents to Ford and Chrysler vehicles.

In their nationally syndicated column Car Talk, Tom and Ray Magliozzi advise drivers to shift their car into neutral if the gas pedal sticks or the car starts to accelerate on its own. Shifting into neutral disengages the engine from the wheels so that even if the engine continues to rev, the car will slow down and eventually stop. Shifting into neutral is preferable to turning off the key because it allows the driver to maintain control of the car. In neutral, the power steering, power brakes, ABS and other vehicle systems continue to work. Turning off the key shuts down all these systems and can activate the steering wheel lock, giving the driver absolutely no control over the runaway vehicle.

If you are in a car accident caused by uncontrollable acceleration or vehicle malfunction, a personal injury attorney can provide a free case evaluation and advise you of your legal rights.

In what may become the biggest defective products safety scare since lead paint on children's toys, dangerous cadmium levels in children's themed jewelry again made headlines in Philadelphia today. In the latest action by federal regulators since high levels of cadmium were first discovered in metal children's jewelry earlier this year (see our January 13 post), the U.S. Consumer Product Safety Commission ordered a recall of Rudolph the Red-Nosed Reindeer charm bracelets. Sold in Philadelphia dollar stores and discount chains from 2006 until now, the chain link bracelets feature charms depicting characters from the classic holiday television film interspersed with snowflakes and candy canes. Federal regulators told Philadelphia parents to throw the dangerous bracelets away .

Highly toxic cadmium is a known carcinogen and can cause irreparable damage to kidneys and bones and may affect brain development. The metal is particularly dangerous to children whose bodies are still developing. According to the Consumer Product Safety Commission, the Rudolph the Red-Nosed Reindeer bracelets exhibited alarmingly high levels of toxic cadmium in government lab tests. When high cadmium levels in children's jewelry were first revealed as part of an Associated Press investigation published in January, lab tests commissioned by the Associated Press showed Rudolph the Red-Nosed Reindeer bracelets to be 91% cadmium.

Just last month, the Commission recalled Disney The Princess and the Frog charm bracelets sold in Wal-Mart stores for high cadmium levels (see our February 8 post). In both instances, the jewelry was manufactured in China. Chinese manufacturers use cadmium because of its low raw material cost and malleability at low temperatures, both of which decrease production costs and increase the manufacturers' profit.

The Consumer Product Safety Commission continues to investigate potentially toxic children's jewelry being sold in Philadelphia but has not widened its investigation to include metal toys that may also pose a dangerous cadmium risk to Philadelphia children. If you are concerned about the effect of defective products on your children, contact a Philadelphia personal injury attorney to discuss your rights.

Despite the snow stacked along Philadelphia streets, it won't belong before Philadelphia homeowners are trading in their shovels for driveway squeegees. Spreading a new layer of thick, black, tarry sealant over asphalt driveways is an annual right of spring in Philadelphia. In use for more than 50 years, driveway sealant helps keep asphalt from cracking and crumbling, extending the life of asphalt driveways and parking lots. However, a new study reveals that using coal tar-based sealants could present a product liability issue that endangers the health of Philadelphia families.

The U.S. Environmental Protection Agency is investigating recent studies that have found dangerous levels of toxic compounds in many commonly sold driveway sealants. Driveway sealants are made from either petroleum or coal tar. While petroleum-based sealants have not been targeted, coal tar-based sealants can contain dangerous concentrations of toxic polyaromatic hydrocarbons, or PAH. Carried into homes on the bottoms of shoes by weekend warriors, PAH breaks down and becomes part of the household dust you breathe every day. These toxic compounds do additional damage to the environment when tiny grains of sealant are dislodged by car tires, brooms or snow shovels and carried into streets where rain water eventually washes these lethal compounds into Philadelphia's streams and rivers.

In a 2009 study conducted by the U.S. Geological Survey, the level of PAH found in household dust inside apartment buildings where parking lots were coated with coal-tar sealant was 25 times greater than normal. Published in the January 2010 issue of the Environmental Science and Technology journal, study authors expressed concern about the effect of PAH particles and dust on babies and crawling toddlers. Increased PAH in household dust could cause personal injury to asthmatics, the elderly and those suffering from pulmonary ailments or lung disease.

If you are concerned that you or a family member may have suffered personal injury from breathing PAH dust from driveway sealant, schedule a free consultation with a Philadelphia personal injury lawyer to investigate your rights.

When a Philadelphia car accident occurs that results in personal injuries, investigators first consider human error and roadway conditions, the two most common causes of car crashes. Vehicle failure is a less obvious cause of car and truck accidents and is often considered an anomaly until the same incident begins to show up repeatedly in police or insurance records. Often, it is careful investigation and legal prosecution by an experienced Philadelphia personal injury attorney that first reveals a connection between a design or manufacturing defect and a rising accident rate.

Defective designs have recently forced Toyota to issue three recalls that have affected many Philadelphia Toyota owners (see our previous post). At least 29 personal injury law suits centered on car accident, defective product, negligence or product liability claims have already been filed against the auto maker in the U.S. and Canada. Some U.S. personal injury attorneys have filed class action suits. Class action lawsuits are filed on behalf of a group of people who share the same grievance, allowing the group to bring the claim to court collectively.

Philadelphia residents who agree to participate in a class action suit against Toyota should realize that in doing so they give up their individual rights to pursue litigation in the matter. In class action law suits, judgment of a single case determines the claims, rights and remuneration for the enter group. Personal injury attorneys recoup their fees and expenses from any settlement which is then split between all parties to the suit. The greater the number of people involved in the suit, the smaller the individual payout. Should the judgment go against the defendants, some individuals who may have suffered greater loss than the majority also lose their right to sue.

Before deciding whether or not to join a class action lawsuit, Philadelphia Toyota owners should contact an experienced Philadelphia personal injury attorney for a free case evaluation.

Toyota is certainly having its problems. Today the once peerless auto manufacturer announced its third major recall in as many weeks, this time on the brake system of its best-selling Prius hybrid. As one safety issue after another has been discovered, the Japanese car manufacturer has been scrambling to protect its image with Philadelphia consumers. A public apology by the company president was followed by a blanket of print and television ads meant to reassure nervous consumers. Sticky accelerators and delayed brakes have sparked the most recent recalls, but media and Congressional reviews of Toyota safety records indicate they're just the tip of a very large iceberg.

Among the other safety issues reported in various Toyota models over the past ten years are:

• Headlights that shut off without warning.


• Engine stalls that occur without warning, sometimes while the car is in motion.


• Battery fires that have incinerated vehicles.

The U.S. National Highway Traffic Safety Administration has received more than 100 complaints about safety issues in Toyota vehicles. At last count, 29 lawsuits had been filed against the auto-maker on behalf of U.S. and Canadian customers.

What seems to stun many is not only Toyota's abysmal safety record but the company's obdurate and defensive response toward product liability. Some industry watchers have postulated that a 1990 change in Toyota's corporate emphasis from product quality to market share may be at the root of its current problems, which are worldwide. A 1996 incident involving a steering mechanism design flaw in Toyota's 4Runner seems instructive. Despite knowledge of the flaw and the risk it posed, it was eight years before Toyota issued a recall to fix the problem and then only after a serious personal injury accident prompted a police investigation. Toyota's current problems with faulty accelerators and non-responsive brakes have been known since 2007 and 2008, yet the company is only now addressing these issues, again after personal injury car accidents have forever changed lives.

Next time: What Philly Toyota owners need to know about their legal rights

The latest Disney movie The Princess and the Frog was a Christmas holiday hit. Merchandising tie-ins have been popular sellers with young girls and their parents, so the recent finding of high levels of toxic metal in themed jewelry sent shock waves through Philadelphia homes and retailers. High levels of the toxic metal cadmium were found in Chinese-made The Princess and the Frog pendants being sold exclusively at Wal-Mart stores. The discovery comes on the heels of the Christmas recall of Chinese-made cadmium-laced children's jewelry at Wal-Mart and Claire's stores.

The U.S. Consumer Product Safety Commission, which began testing children's metal jewelry for cadmium after the December scare, announced the voluntary recall of 55,000 Chinese-made pendants by Rhode Island jewelry company FAF Inc. Cadmium is a known carcinogen that, like lead, can hinder children's brain development, although federal regulations do not currently require testing for cadmium in children's jewelry nor do they set a maximum limit on the amount of cadmium in a product. In response to the recall, Disney acted to require cadmium testing of all products bearing its brand and halt in production and distribution of products when cadmium is detected. Philadelphia Wal-Marts voluntarily pulled The Princess and the Frog children's jewelry from shelves and will provide a refund or replacement product for affected items returned to their stores.

Chinese whistle blowers say they noticed factories substituting toxic cadmium for non-toxic zinc around 2003 when cadmium prices dropped significantly. Chinese manufacturers preferred cadmium not only because they could save money on the cost of raw materials for making children's and fashion jewelry for foreign markets but because the metal was malleable at lower temperatures, ensuring cheaper production costs. Congress is now considering legislation that would ban cadmium from children's jewelry and toys.

When Philadelphia children suffer personal injury from toxic toys or defective products, Philadelphia personal injury lawyers can initiate product liability suits to bring manufacturers and distributors to account and protect the public and our children.

Beset by massive recalls, Toyota, once considered among America's premier auto brands, has seen its image plummet with Philadelphia consumers. Government officials and safety agencies have criticized the Japanese auto maker for failing to respond promptly to personal injury accidents caused by faulty auto design. Two different problems involving the accelerator have prompted recalls of several Toyota models that are highly popular with Philadelphia residents. A Congressional hearing is scheduled for this week.

Five people have died in two different personal injury car accidents caused when the accelerator pedal got caught in the floor mat. That design flaw led Toyota to recall 3.8 million vehicles last fall. Last week, Toyota recalled an additional 2.3 million vehicles because of a potentially dangerous sticky accelerator. While the National Highway Transportation Safety Board has reported no confirmed deaths resulting from Toyota's sticking accelerators that doesn't mean none have occurred. It can take months to accurately determine the cause of fatal and personal injury car accidents.

When fatal or serious injuries occur in a Philadelphia car accident, Philadelphia personal injury lawyers investigate to determine the cause. When a defect in the design or manufacture of a vehicle is found to be at fault, it is often the ensuing Philadelphia personal injury lawsuit that shines a national spotlight on the problem and warns the public of the danger.

In Toyota's case, it has been largely reported in the press that while North American Toyota officials quickly expressed concern about these car defects, the company's Japanese headquarters had to be prodded to issue recalls and address design flaws. Consternation over the wide scope of Toyota's accelerator problem caused the auto maker to take the unheard of measure of stopping production at its U.S. manufacturing plants while developing a solution.

Philadelphia residents who have been injured a car accident that may have been caused by a flaw in Toyota's accelerator should contact a Philadelphia personal injury attorney for a free case evaluation.