Recent Blog Posts

Woman Suffers 3rd Degree Burns From Vehicle Seat Warmers

Arnold & Itkin, LLP — Fri, 17 May 2013 19:10:00 GMT

Seat warmers are honestly a very creative invention, as many people who get into their cars during the winter months fear sitting on their leather seats because they will be cold for their entire commute. In many cases, it seems as though seat warmers actually heat up faster than the heater in the car which makes this an even more valuable asset for those traveling in their car on the colder days of the year. While most people don't fear that the seat will actually burn their bodies, perhaps they should be more cautious of the extreme heat that these seats are transmitting.

This was the case for a 25 year old Erica Davis who became a paraplegic due to an extremely rare internal injury which caused blood to leak into her spinal cord. Being an optimistic individual who pushes through the hardest of trials, since her initial injury she has become one the first female paraplegics to climb Mount Kilimanjaro among other worldwide races and athletic completions. One day due to her not having any feeling in her legs she realized while showering that there were extremely bad burn blisters on her legs from her car warmer.

Reports share that she somehow accidently turned on the cat seat warmer when putting her wheelchair into her car, otherwise she would have never turned it on in the first place. Davis has no feeling below her belly button, and her car does not have any light or sign showing that the seat warmers had been turned on, and because the button was on the side of the seat in her 2006 Chevrolet Colorado. Davis said that she drove an hour total with her warmer on that day, with no knowledge of how it was destroying her very flesh as she traveled to and from tennis practice.

That night is when she noticed the third degree burns, and immediately went to the hospital. She phoned her mother when she realized that her seat may have been the cause of the injury, and had her mom look at the jeans she was wearing that day. They contacted a personal injury lawyer, Roger Geddes, and filed a lawsuit against the two dealers from General Motors who had helped her pick out the car. What was so devastating is that GM tried to claim that Davis burned herself in the shower and that the injuries were bed sores and not third degree burn wounds.

Geddes contacted inspectors to test her vehicle, and they learned that certain spots in her car seat heated up to between 110 and 115 degrees, which clearly is safe for no one. As a result of this and thousands of other complaints against vehicles with car seat warmers, the National Highway Traffic an Safety Administration is seeking to have a federal standard created for seat warmer and passenger safety. Sadly, in Davis' case, she was not given the opportunity to be aware of the danger of her car seat because there were no lights or warnings associated with the button being turned on, or that her seats were overheating.

As a result of her injuries and skin graft treatments, the court awarded her $500,000 because they were able to clearly prove the fault of the car company. If you or someone you know has been injured in a similar accident, contact a trusted product liability attorney at Arnold & Itkin today in order to fight for the monetary compensation you deserve. We will fight relentlessly on your behalf, call us today for more information!

Honda Settles Airbag Related Death Suit

Arnold & Itkin, LLP — Mon, 13 May 2013 17:47:00 GMT

Honda has settled a wrongful death suit with the family of Guddi Rathore, a woman who was killed in front of her three children when her airbag exploded after a minor fender-bender. The explosion shot metal debris into the victim's face, severing the arteries in her neck and causing her to bleed to death.

The victim's family settled with Honda for $3 million; additionally, each of her three children will receive $567,000 when they turn 18. While Honda officially reached the settlement, airbag supplier Takata will actually be footing the bill.

Unfortunately, as more air bags get installed in more places in vehicles, tragic stories like this are likely to become the norm. According to a report by USA Today, over 1.5 million Hondas and Toyotas have been recalled in 2013 because of airbag problems, and the year isn't even half way through.

Among the problems triggering the recalls were:

Airbags deploying when not needed
Airbags that don't deploy when they are needed
Airbags that send debris flying into the vehicle cabin, like in this case

If any of these defects occur, the airbags that are supposed to protect drivers and passengers can become injury causing agents instead. Until car manufacturers and regulatory bodies get airbag quality under control, no driver can feel truly safe in his or her vehicle.

BMW Recalls 220000 Vehicles for Airbag Defects

Arnold & Itkin, LLP — Sun, 12 May 2013 17:55:00 GMT

BMW is recalling 220,000 vehicles because of a front-passenger airbag defect that triggered three million vehicle recalls among other auto makers in April.The affected models are BMW 3-Series cars manufactured between December 2001 and March 2003. The luxury auto maker estimates that about 180,000 of the 220,000 recalled vehicles are still in use. The cause of the recall is a faulty airbag inflator supplied by Japan’s Takata Corp.; Takata air-bags have also triggered mass recalls of Toyotas, Hondas and Nissans.

A large-scale recall spanning several different auto makers reminds us, yet again, of the dangers of using one part in many vehicles. In 2009 and 2010, that practice triggered a recall of more than 10 million Toyota cars and trucks due to floor mats that jammed accelerator pedals. BMW has not yet heard of any injuries related to the airbag defect, and is replacing the defective airbags at no cost to owners.

Tire Recycling Team Caught Selling Recalled Tires

Arnold & Itkin — Fri, 10 May 2013 17:30:00 GMT

It is illegal to sell a recalled product, but that didn't stop individuals at Liberty Tires from trying to push a product that was defective. According to Safety & Research Strategies, Inc., Kuhmo Tires told the National Highway and Traffic Safety Administration (NHTSA) that they were recalling 40,769 passenger car tires in 2012 because of sidewall cracking. At the time of the recall announcement, only 122 of the tires had been sold to customers, and many of the defective tires were still in warehouses. 1,116 tires were in dealer's inventories, but had not been installed on vehicles yet.

This should have made it easy for Kuhmo to gather up the recalled tires and trash them in hopes of creating a safer product. Yet the tire recycler that the sent the defective tires to decided that they would resell the product to dealers. The Defect and Noncompliance notice filed by Kuhmo shows that Liberty Tire Recycling was supposed to dispose of 11,922 defective tires. The tires already had three holes drilled into their tread surfaces so that they would be unusable and would not be resold. Instead, Liberty, sold the recalled product to tire wholesalers in Texas, New York, North Carolina and Puerto Rico where they were distributed to consumers.

Liberty Tires was allegedly taking the drilled scrap tires and patching them. The product still had the risk of tire wall cracking which could lead to a sudden loss of air and a tire explosion. The NHTSA says that the tires may not be safe for use. 2,310 of the tires have already been sold to consumers. The Tire Information Service Bulletin says that used tires may have been exposed to improper service, maintenance, or storage conditions. These could eventually lead to tire failure. If you want more information about recalled tires, or if you were injured by a defective tire, then a product liability lawyer at Arnold & Itkin can assist you. Contact the firm today to get a free consultation!

Helmet Maker Found Guilty in NFL Concussion Suit

Arnold & Itkin — Wed, 08 May 2013 16:30:00 GMT

A jury in Colorado has found that Riddell, the country’s largest helmet manufacturer, failed to adequately warn football players wearing their helmets about the dangers they would face if they suffered concussions.

The jury ordered Riddell to pay several million dollars to a 22-year-old man who was injured in 2008 while playing high school football. The award will certainly be closely watched by families of N.F.L. retirees who have suffered serious illnesses and injuries as a result of repetitive head traumas. They have also sued the helmet manufacturer.

According to the recent verdict, Riddell must pay $3.1 million of the $11.5 million in total damages that were awarded to the victim, who suffered a head injury and became paralyzed on his left side during a 2008 football drill.

In finding Riddell negligent by failing to warn, the jury rejected claims that the company’s helmet was defective.

The very similar case involving NFL players is set to begin in Los Angeles in a few weeks. In that case, over 4,000 retired players and their spouses have sued the league, claiming it failed to warn players about the long-term health risks associated with repeated concussions and other head traumas. Riddell has been named in that lawsuit, but a United States District Court judge is considering a motion by Riddell to be severed from the suit. The judge’s ruling is expected to come down by summer.

Popular Frozen Pizzas Recalled

Arnold & Itkin — Wed, 08 May 2013 15:34:00 GMT

Nestle Pizza Company is recalling some DiGiorno and California Pizza Kitchen frozen pizzas after receiving several complaints that small pieces of plastic were found in the products.

The recall was jointly administered by the Department of Agriculture's Food Safety and Inspection Service (FSIS) and the Food and Drug Administration (FDA).

Pizzas included in the recall are:

California Pizza Kitchen® Limited Edition Grilled Chicken with Cabernet Sauce, UPC 71921 00781
DiGiorno® Crispy Flatbread Pizza Tuscan Style Chicken, UPC 71921 02663
DiGiorno® "Pizzeria!" Bianca/White Pizza, UPC 71921 91484
California Pizza Kitchen (CPK) Crispy Thin Crust White®, UPC 71921 98745

According to a statement from the FSIS, "The problem was discovered after the firm received consumer complaints that small fragments of plastic were found in the CPK Crispy Thin Crust White Pizza. The problem was related to the lot of spinach used in the production of three additional varieties of pizza subject to recall. There has been one consumer report of injury thus far (a chipped tooth) associated with consumption of these products. The fragments are of clear, brittle plastic, in irregular triangles, and may have sharp edges."

All the recalled pizzas were produced between February 26 and March 9 and sold in stores across the country.

Brain Stimulator Recalled for Dangerous Flaw

Arnold & Itkin — Wed, 08 May 2013 15:21:00 GMT

A Medtronic device used to give the brain stimulation for the treatment of Parkinson’s disease and other neurological conditions has been recalled because of a potentially life-threatening flaw. The recall has been noted as a Class I, meaning the Food and Drug Administration (FDA) believes the recalled product could kill or seriously harm patients.

The defect affects the wires (known as leads) on the ends of the deep brain stimulators; these wires can be damaged by a cap designed to protect them while they are being inserted, according to a statement from Medtronic. The wires can be harmed when the connections inside the cap are twisted during surgery or when the cap is removed.

The Class I FDA recall means that there is a reasonable probability that the defect could cause serious health consequences or death to users. Medtronic first told physicians about the defect back in February, and then changed the manufacturing process in an effort to fix the problem and avoid a recall. Those changes are currently being reviewed by the FDA.

In order for patients to receive proper treatment, the defective leads may need to be replaced. The caps aren’t used in all surgeries so they don’t always cause harm. If the patients therapy is progressing as expected after implantation, it is likely that their device is unaffected by the recall, but they should be closely monitored.

Deep brain stimulation is a form of therapy that uses electrical pulses to treat Parkinson’s disease, tremors, obsessive-compulsive disorder and the painful, involuntary muscle contractions that characterize dystonia.

Subaru Recalls Self-Starting Cars

Arnold & Itkin — Wed, 17 Apr 2013 16:30:00 GMT

Subaru is recalling over 47,000 cars and SUVs because the vehicles’ engines might start on their own. Several models are included in the recall.

The recall includes Legacy sedans and Outback SUVs, model year 2011-2013, that are equipped with an automatic or CVT transmission and an Audiovox remote engine starter (RES) accessory.

It also includes 2012-13 Imprezas and 2013 XV Crosstrek SUVs also equipped with a CVT transmission and the RES accessory.

According to Subaru, "If the (RES) is dropped, the fob may malfunction and randomly transmit an engine start request without pressing the button." If that happens, the engine could start and run for as long as 15 minutes. Worse still, the engine could continue to start and stop until either the fob battery dies or the car runs out of gas.

While the problem may just seem to be a nuisance, if the malfunction occurs when the vehicle is parked in an enclosed space, carbon monoxide could build-up, posing a risk of asphyxiation.

Leaking Mercedes May Pose Safety Hazard to Drivers

Arnold & Itkin — Mon, 15 Apr 2013 16:26:00 GMT

Reports of fuel leaks in about 250,000 Mercedes-Benz E-Class luxury cars have prompted a safety investigation by federal regulators.

The National Highway Traffic Safety Administration (NHTSA) and Mercedes have received 533 complaints from the cars’ owners about a strong odor of gas; usually, the problem occurs right after motorists fill up at the pump. The NHTSA believes that fuel may be leaking from the upper part of the gas tank, but only an official investigation will prove that theory.

No fires or injuries have been reported yet, but leaking gas could pose a serious threat to motorists if ignition occurs.

Affected vehicle models were manufactured between 2003 and 2008. As part of its investigation, the NHTSA will examine whether the leaks could have been caused by repairs for a 2008 recall which was initiated to improve pollution control.

Complaints related to the leaks first surfaced in 2012 when owners of E55 AMG cars with model years 2003-06 noticed the problem.

On March 15, the NHTSA expanded its probe to include other E-Class vehicles, with the intent to determine whether a recall will be necessary.

Chrysler Recalls 247,000 Vehicles for Slew of Problems

Arnold & Itkin — Sun, 14 Apr 2013 15:55:00 GMT

American auto maker Chrysler is recalling more than 247,000 SUVs and cars due to a number of problems, including faulty gas tank hoses, broken drive shafts and air bag warning lights that illuminate for no reason.

The largest of the recalls, all of which were announced by the National Highway Traffic Safety Administration (NHTSA) on April 9, covers about 139,000 2011 and 2012 Chrysler 300, Dodge Charger and Dodge Challenger sedans. Faulty wiring on those vehicles can cause the air bag warning lights to illuminate when no problem has occurred.

Chrysler also is recalling 78,500 two-wheel-drive 2007 and 2008 Jeep Liberty and Dodge Nitro midsize SUVs because their drive shafts can break. The defect occurs when a heat shield drops and rubs against the drive shaft, causing it to wear out and break. If that happens, the SUVs will lose power and the side air bags may inflate. To correct the problem, dealers will install a bracket that holds the shield in place.

Additionally, the car maker is recalling about 30,000 small SUVs because a faulty hose inside the gas tank can cause them to run out of fuel. That recall affects 2012 Jeep Patriot and Jeep Compass four-wheel-drive vehicles. If they run out of gas, the engines can stall. At least one crash has been caused by the defect.

GM Recalls 26,000 Buicks and Cadillacs

Arnold & Itkin — Wed, 10 Apr 2013 16:25:00 GMT

General Motors is recalling 26,582 2013 Cadillac SRX crossovers and Buick LaCrosse sedans because defective software could allow the vehicles' transmissions to slip suddenly from manual to automatic mode.

According to the National Highway Traffic Safety Administration (NHTSA) the software problem could cause the transmissions to accidentally shift to sport mode, eliminating the ability to engage transmission-related engine braking. The NHTSA further said that the risks of a crash are increased if engine braking is removed without a warning.

GM said it discovered the issue while working on a 2014 engineering development vehicle.

The company hasn't yet received complaints about the problem, but the car manufacturer said dealers will reprogram the transmission control module free of charge.

Affected LaCrosses were manufactured between April 25, 2012 and March 6 of this year. The Cadillac SRXs were built from May 29, 2012, until Feb. 18, 2013.

In an unrelated recall, the NHTSA also announced a safety recall of 48 Chevrolet Express natural gas powered vans with model-year 2011.

That recall was issued because a defective pressure release vent pipe could allow natural gas to flow into the passenger compartment, increasing the risks of an explosion or fire.

Baby Clothes and Socks Recalled for Choking Hazards

Arnold & Itkin — Tue, 09 Apr 2013 15:50:00 GMT

It's proving to be a bad week for babies, with two popular clothing brands announcing major recalls. On April 11, 218,000 onesies and 33,000 baby socks were recalled, both due to chocking hazards.

The first recall announced by the Consumer Product Safety Commission (CPSC) involves 218,000 one-piece, footed cotton clothing for infants made by Carter's. They have a zipper that runs from the foot to the neck and were sold in sizes newborn, 3, 6 and 9 months. Baby B'gosh, Child of Mine made by Carter's or Just One You made by Carter's is printed on the fabric inside the neck area. The clothes are being recalled because the zipper can detach, posing a choking hazard to the tiny babies for whom the onesies are designed.

The same day, the CPSC also announced the recall of 33,000 Trumpette "Aubree's" and "Hearts" baby socks. According to the CPSC, the flowers and bows on the baby socks can detach, posing a choking hazard to children. The socks were sold in sizes ranging from 0 to 12 months.

Parents owning either product are advised to stop using them immediately. For more information on these and other recalled dangerous baby products, visit the CPSC website.

Recalls Show the Danger of Common Household Items

Arnold & Itkin, LLP — Sat, 06 Apr 2013 23:35:00 GMT

Two recalls recently announced by the Consumer Product Safety Commission (CPSC) highlight the fact that even common household products can pose serious safety hazards. The CPSC recalled 152,000 "Aloha Breeze'" portable electric heaters because they have had overheating problems where plastic parts melt, posing a fire hazard. The company received 29 reports of heaters melting, smoking, or catching fire; in 18, property damage occurred and in one, a consumer's hands and feet were burned.

The "Aloha Breeze" oscillating heater contains a mechanism that allows it to move from side-to-side, spreading heat around a room. While that mechanism heats a room more efficiently, the safety standards that regulate such devices aren't strict enough to protect consumers. With efforts to revise the standards still in fledgling stages, the weaknesses in current laws make oscillating heat fans quite dangerous; they should only be used for short periods of time with direct adult supervision.

The CPSC also recently recalled 25,000 fiberglass extension ladders because they pose fall hazards to consumers. The extension portion of the "Louisville/Davidson" and "Michigan" brand ladders can fail to lock, allowing consumers to fall from heights. The recall affects models made between September and October 2007 and sold at industrial supply stores and home centers nationwide through December 2007. While no incidents have yet been reported in relation to this recall, ladders are notoriously dangerous devices even when not defective. In fact, the CPSC receives almost 164,000 reports of ladder-related emergency-room visits and 150 reports of ladder-related deaths each year.

Unfortunately, the two recalls affect very common household items. The lesson consumers should take home from these and other recalls is simple—even the items you use on a daily basis can not be taken for granted as being safe. Consumers should stay vigilant and constantly check their tools and equipment for any sign of defect or malfunction in order to preserve their health and safety.

200,000 Subarus Recalled for Brake Problems

Arnold & Itkin, LLP — Fri, 05 Apr 2013 21:44:00 GMT

Subaru is recalling over 200,000 Legacy and Outback all-wheel-drive vehicles because their brake lines can rust and leak fluid. The recall affects cars with 2005 through 2009 model years, sold in 20 winter-weather states and Washington, D.C., where salt is used to clear icy roads.

Subaru told the National Highway Traffic Safety Administration (NHTSA) that salty water can cause the brake lines to rust and leak. Leaking fluid can increase stopping times, also increasing the risk of a crash. The problem was first discovered during internal testing; no accidents related to the defect have yet been reported. Owners of the cars should take them to a Subaru dealer for inspection.

The affected cars were manufactured between December 2003 and April 2009 and sold or registered in Connecticut, Delaware, Illinois, Indiana, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, West Virginia, Wisconsin and the District of Columbia.

While the car maker hasn't added up all the numbers yet, the company sold more than 400,000 Legacy and Outback vehicles during the affected years; still, despite the large number of vehicles sold, Subaru estimates that just over 200,000 will be covered by the recall. Subaru dealers can check the brakes for leaks and, if necessary, replace the brake lines. If no leaks are found, mechanics will apply an anti-corrosion wax.

Medical Devices, Are They Safe to Use?

Arnold & Itkin, LLP — Thu, 04 Apr 2013 16:42:00 GMT

All medical devices are required to go through an extensive testing process conducted by the U.S. Food and Drug Administration (FDA) in or to be used out on the market in our country. The FDA is a branch of the U.S. Department of Health and Human Services whose responsibility is to regulate and protect the public health of those in the country by establishing and enforcing certain standards of health and safety in the area of medical products, devices and drugs.

The FDA requires that all drugs be approved by them before public usage. They will do extensive reviews after the manufacturer has conducted numerous tests and reports on the benefits and risk factors about the product. Once the product is deemed to be more beneficial than harmful, it will likely be accepted and released for use. As consumers of these drugs on a regular basis, it is good to know that there is an exact process that must take place before a drug is released on the market.

While we often assume that everything relating to health and safety must be "FDA approved" before heading out into the market for public use, this is not entirely truthful for medical devices. According to reports made by the FDA them, they will actually approve a medical device before certain testing depending on the specific product. Pre-market approval (though required for all drugs) is not deemed necessary for devices if there is something on the market that the FDA considers to be comparable to the product seeking authorization. The FDA will then forgo the time and research in order to check the effectiveness of a specific product if they think it will perform similarly to that of what is already out on the market.

The products that this often happens with include knee or hip implants, which is likely why there are so many medical and injury concerns relating to these products that are and have been on the market. What is so unfortunate is the fact that in most cases the FDA will not know how harmful a product is that is on the market until the reports begin flooding in discussing injuries and even death. Once this happens, then the FDA will conduct the recall in order to "protect" the public from further harm. Imagine if the proper testing was done ahead of time, how many more people would be in better health and injured.

In the event that you are a victim of an unsafe or defective medical device, please contact Arnold & Itkin today for an aggressive product liability attorney you deserve on your side. We will do whatever we can to represent your case and help you seek the compensation you deserve for your pain and suffering. Contact us today for more information.