Galveston Bay Personal Injury Lawyer - Defective & Dangerous Products

Taser Maker Issues New Safety Warnings

Scott Kappes — Thu, 22 Oct 2009 17:26:31 GMT

Taser International has issued new warning to police agencies throughout the nation to not shoot at the suspect’s chest. The company said that striking a suspect in the chest can in extremely rare instances poses a risk of an adverse cardiac event.

This is the first time that Taser has ever admitted that there may be any risk of cardiac arrest associated with the use of its 50,0000-volt stun gun.

Officials from Taser were quick to point out that the bulletin does in no way state that Tasers can cause cardiac arrest, but rather advises law enforcement authorities that controversy can be avoided if officers aim for other areas of the body.

Over the past several years the safety of Tasers has been questioned and numerous critics claim that the devices are much more dangerous than the manufacturer has lead people to believe.

Earlier this year a 27-year-old Texas City man died from cardiac arrest after being tazed by La Marque police during an altercation. Just last week the officers involved in the incident were cleared of any wrongdoing by a Galveston County grand Jury.

This will likely continue to be a hot topic in the years to come with strong convictions guiding each side of the issue.

Originally posted at InjuryBoard by Scott Kappes

First Yamaha Rhino Rollover Trial Underway

Scott Kappes — Fri, 28 Aug 2009 12:21:27 GMT

A Texas jury has been given the task the of determining whether Yamaha Motor Co. is responsible for damages caused by their allegedly defective Rhino ATV. The jury’s decision will have monumental ramification that will echo throughout the nation and set a precedent that may be cited in future similar cases.

Hundreds of lawsuits have been filed on behalf of individuals that have been injured while using the Yamaha Rhino ATV. The lawsuits claim that the Yamaha Rhino’s design is flawed and makes the Rhino more susceptible to roll-over accidents than other similar vehicles.

The landmark trial which, began last week, involves the death of a 13-year-old boy, Forest “Eddie” Ray, who was tragically while operating a Yamaha Rhino ATV.

The lawsuit alleges that Yamaha chose to skimp on the cost of producing the vehicle and these money saving choice resulted in a defective and dangerous product being sold to the public. Specifically the lawsuit claims that Yamaha failed to equip the Rhino with a rear differential that would have made the vehicle much safer.

The plaintiffs argue that the presence of a rear differential would have prevented the ATV from rolling over when Ray made a turn from grass onto a paved road; however, according to testimony of a Yamaha engineer the Rhino is designed be an “exclusively off-road vehicle.”

The defense also argues that the 13-year-old was left unsupervised and was not wearing a helmet or a seatbelt at the time the accident occurred. Yamaha claims that the Rhino is intended for use only by drivers 16 and older and that drivers and occupants are always encouraged to wear safety belts and protective gear.

Yamaha contends that the Rhino met all safety standards, and in fact had been delayed from the market to ensure that these standards were met.

It will be very interesting to see where the jury comes out on this case. They will undoubtedly be faced with difficult decisions that will take careful deliberation, and hopefully in the end justice will be served.

Originally posted at InjuryBoard by Scott Kappes

New Legislation may Help Chinese Drywall Victims

Scott Kappes — Thu, 20 Aug 2009 13:57:29 GMT

Legislation recently introduced into the Senate could make it easier for homeowners whose homes were built with defective Chinese drywall to seek compensation from foreign manufacturers. If the Foreign Manufacturers Legal Accountability Act of 2009 successfully passes through Congress it will attempt to make it a far easier task to bring foreign companies before an American court over product liability claims.

Legal analysts say current laws contain so many loopholes that foreign manufacturers of shoddy equipment are rarely penalized by the legal system.

The new legislation would require foreign manufacturers to retain a representative of the business in at least one U.S. state who could be served in the event of a lawsuit being filed.

American companies are held to full accountability that the products that they manufacture are safe for use by American consumers. The new bill would hold foreign manufacturers to the same level of accountability.

This would affect not only Chinese drywall but countless other foreign made products that flood into the U.S. Over the last 15 years foreign imports have tripled and are expected to double again in the future. As imports continue to increase it is important for foreign companies to be held accountable for the products that they produce to ensure the safety of the American consumer.

Several lawsuits have been filed against Chinese manufacturers allegedly responsible for producing defective Chinese drywall that is currently wreaking havoc on thousands of American homes. This new legislation could make it much easier for the thousands of homeowners and dozens of builders struggling with the issue to seek compensation from the Chinese manufacturers.

Originally posted at InjuryBoard by Scott Kappes

CPSC Takes Chinese Drywall Investigation to Source

Scott Kappes — Thu, 13 Aug 2009 18:20:40 GMT

According to the Consumer Product Safety Commission’s latest Chinese drywall updates the agency will be taking the investigation of tainted Chinese drywall overseas. The August update confirms that the CPSC has received approval from the Chinese government to embark on an investigative visit beginning on August 17.

Over 200 reports of possible Chinese drywall were submitted to the CPSC in the month of July alone, bringing the total number complaints reported to the agency to over 800.

Last month the CPSC also received reports from two additional states, Pennsylvania and South Carolina, raising the total to 23 states and the District of Columbia.

The U.S. Environmental Protection Agency is investigating reports that radioactive phosphogypsum was used in some drywall. It expects those analyses will be completed later this month.

Some types of Chinese drywall emit a foul “rotten egg” smell and have allegedly caused corrosion to metal objects in homes containing the allegedly defective products. Some estimate that as many as 100,000 homes may contain the product.

If you suspect that your home may contain Chinese Drywall you should an experienced attorney to evaluate your legal rights.

Originally posted at InjuryBoard by Scott Kappes

Saints’ Head Coach Has Filed Chinese Drywall Lawsuit

Scott Kappes — Tue, 21 Jul 2009 14:49:45 GMT

The head football coach of the New Orleans Saints has filed a lawsuit against a Chinese drywall manufacturer claiming that his Mandeville home contains defective drywall that has caused significant damage to items within his home. The Peyton’s attorney said in a statement that “[they] have confirmed that his home has Chinese drywall and it needs to be rehabbed and fixed.”

In an interview with CNN, Payton said about the possibly tainted drywall from China,
"We’ve had 5 computer failures, we're on our 4th hard drive right now. We had 13 air conditioner service calls and three different coil failures. We're on our third microwave oven panel, we’ve had to install a second set of phone lines, and a second alarm system."

Homeowners in at least 21 states have filed complaints alleging that Chinese drywall used in their homes has caused damage to wiring and electrical components in their homes. Many have also alleged a plethora of health problems allegedly have been induced by the presence of Chinese drywall in their homes.

EPA tests have found the presence of sulfur and two organic compounds associated with acrylic paint in Chinese drywall. These elements are not found in American-made drywall. More tests are needed to determine the exact cause of problems associated with Chinese drywall.

Originally posted at InjuryBoard by Scott Kappes

What is a Shoulder Pain Pump?

Ashley Davis — Fri, 17 Apr 2009 13:30:14 GMT

A shoulder pain pump is a small device developed recently to deliver pain medication directly into the shoulder joint through a small flexible plastic tube called a catheter. According to a recent study published by The American Journal of Sports Medicine in the intra-articular pain pumps is identified as cause of a condition known as Postarthroscopic Glenohumeral Chondrolysis. There are currently other studies being conducted to confirm these findings.

So what is Postarthroscopic Glenohumeral Chondrolysis? It is a specific type of chondrolysis that is associated with pain pumps and shoulder surgery. It is a loss of cartilage in the shoulder after shoulder surgery. PAGCL is associated with the use if an intra-articular pain pump catheter implanted in the shoulder joint by the shoulder during shoulder surgery. The symptoms of PAGCL includes:

Shoulder pain both at rest and in motion
Stiffness of the shoulder
Weakness of the shoulder
Clicking, popping or grinding
Limited range of motion

If the pain pump has affected you or a loved one then contact the office of Reich and Binstock for an evaluation.

Originally posted at InjuryBoard by Ashley Davis

Defective Hip Implant

Ashley Davis — Fri, 17 Apr 2009 13:17:29 GMT

Zimmer Inc. is the world’s largest manufacturer of hip replacement products, and had to seize the sales of their Durom Cup artificial hip implant. The halt of sales began after researchers revealed that a disproportionate number of implant recipients were experiencing problems with their recently implanted Durom Cup prosthetic hips; however Zimmer maintains that they have found no evidence of a defect or design flaw.

According to Dr. Larry Dorr of the Dorr institute for Arthritis research and Education, The Durom Cup should indeed be recalled. Dorr claims that out of the 165 Durom Cup implants that he performed, 14 were revised or required revision within the first two years. Dorr claims that the Durom cup is defective due to the cup not being able to sit properly in the hip.

Dorr’s comments led to an investigation, which eventually led to the suspension of sales in July. If you or a loved one has suffered from the Durom Hip Cup hip implant then contact the office of Reich and Binstock today for an evaluation.

Originally posted at InjuryBoard by Ashley Davis

Date Rape Drug in a Child's Toy??

Ashley Davis — Wed, 15 Apr 2009 17:35:51 GMT

About 4.2 million Aqua Dot bead toys have been recalled due to a chemical in the toys coating which causes some children to become severely sick and vomit. This is yet another blow to the Chinese toy-making industry.

The beads are used in order to create designs which are then fused by spraying them with water, but when swallowed can be deadly. The glue turns into the extremely toxic drug GHB when it is sprayed with water. GHB is also known as the “date rape” drug and can cause euphoria, coma, seizures, the loss of ones ability to remember, and even death.

Three children have been hospitalized after swallowing the beads, including a 2 year old who slipped into a coma.

If you have purchased these potentially dangerous toys, you should confiscate them immediately and get them away from your children. You can also contact Spin Master at 1-800-622-8339 for a replacement.

Originally posted at InjuryBoard by Ashley Davis

Children's Toy Boxes Recalled

Ashley Davis — Wed, 15 Apr 2009 17:21:44 GMT

On April1, 2009, the U.S. Consumer Product Safety Commission put out a recall on Lakeshores Learning Materials. Due to a choking hazard posed by the children’s toy boxes about 4,000 units have been recalled. The recalled product is a soft, multi-colored box with a different color on each side. “What’s Inside?” is embroidered on the front of the box and symbols of a lion, flower and purple butterfly are stitched on another side. Each feely box contains ten small stuffed pieces. The piece affected by this recall is the pink and purple butterfly.

The head of the stuffed butterfly toy can detach from the body, posing a choking hazard to children. Lakeshore has received three reports of the head of the butterfly detaching from the body, but fortunately there have been no reports of injuries yet.

Consumers should immediately take the recalled product away from children and contact Lakeshore to receive a free replacement butterfly and make sure that your child is not in danger due to this faulty product.

Originally posted at InjuryBoard by Ashley Davis

Conair Clothing Iron Risks

Ashley Davis — Thu, 02 Apr 2009 21:49:00 GMT

On March 31, 2009, Conair recalled about 45,000 clothing irons due to a fire hazard. It has come to their attention that the clothing iron can quickly overheat and pose a serious threat of fire. Although there have been no injuries reported, Conair has received three reports of the iron overheating, including two fires resulting in property damage.

Consumers should stop using the iron immediately and unplug it from the wall. You can contact Conair for a free compareable product.

Originally posted at InjuryBoard by Ashley Davis