Articles Posted in Products Liability

smallparts-1200Age recommendation labels are the first tool you have in selecting safe holiday toys. Anyone purchasing toys for young children wants to familiarize themselves with the choking hazard-small parts label.

Warning: Choking Hazard – Small Parts. Not for Children Under 3 Years

Each year, children suffer choking injuries and deaths after consuming food or putting small objects in their mouths. In the late 1970s, the Consumer Product Safety Commission (CPSC) led a three-month study of an estimated 3,800 injuries involving children under age 10. It was determined that children under age 3 suffered more than half of all these injuries. More than 50 children under 3 died in accidents involving small parts.

With those numbers, the CPSC announced the small parts regulation, which became effective on January 1, 1980. Since then, toy manufacturers have been required to test toys and parts using the small parts cylinder test. 

warning-not-for-children-under-age-3

This cylinder has a diameter of 1.25 inches. The bottom of the cylinder is slanted, opening 1 to 2.25 inches. Toys which fall through the cylinder must carry the choking hazard – small parts warning and state not for children under 3 years old. Toys may also require labels if they fit through the tube, but break it during subsequent “use and abuse” testing (Source: U.S. PIRG, Trouble in Toyland 2018). 

Toys which are too large can be sold without the choking hazard label, though they may require another type of labeling.

Small Parts Warning for Children Between Ages 3 and 6 Years

Any small part intended for children between age 3 and 6 must carry the same labeling: “Warning: Choking Hazard — This toy is a small part. Not for children under 3 years.” 

Small Parts Warning – Small Balls

There is a separate federal standard for small balls, according to U.S. PIRG. Balls with a diameter of 1.75 inches are banned for children younger than 3 years of age. 

Small balls must carry this age-recommendation label: “Warning: Choking Hazard — This toy is a small ball. Not for children under 3 years.” A similar label is required for toys which contain small balls: “Warning: Choking Hazard–Toy contains a small ball. Not for children under 3 years.”

Toymakers are required to test and use age recommendation labels. All toys intended for children age 12 and younger must undergo third-party testing and meet the most recent version of the federal safety standard, ATSM F963.

But there are times when parents and anyone buying a toy should be skeptical. Toymakers have made errors in labeling and there can be miscommunication between manufacturers and retailers when toys are displayed without packaging. Online product descriptions may not be accurate. 

Remember These Toys Have Small Parts!

  • Marbles
  • Magnets
  • Game pieces (such as the Monopoly characters)
  • Legos and building bricks
  • Small puzzle pieces (and cardboard pieces are a danger because small children can chew them and choke)
  • Button batteries
  • The clothing and parts on stuffed animals and dolls 
  • Pens and pencils with caps which can become loose

Additional Toy Safety Standards for Children Age 3 and Younger

While we are talking about small parts, we want to remind parents of other federal toy safety guidelines for children under 3.

  • Toys and children’s products must not have sharp points or edges which can potentially injure children.
  • Paints and surface coating cannot contain more than .06 percent lead or other hazardous materials.
  • Children’s pajamas, clothing and products which fail to meet flammability limits.

The best way to stay informed is to check the CPSC website for toy safety recalls and product warnings.

Final Points on Toy Safety for Young Children

Carefully inspect all toy sets and stuffed animals before and after purchase. Open boxes, handle the pieces yourself before giving. If you buy online, check if the box matches the online product description. Because of the demand for toys near the holidays, it’s not unusual for shoppers to receive a toy similar to what they ordered.

Decide whether the toy will be safe near your child and their siblings. You should always consider younger siblings when buying gifts. If they are not at least 3 or older, wait another year. Also pause if the younger sibling just isn’t ready.

If your children are the right age and ready, purchase a secure container to keep the small parts in. Keep this container separate from other toys in your home and be mindful of not letting small pieces scatter.

Finally, supervise children whenever they play with small parts. Even older children can find themselves in dangerous situations at times when handling small pieces. This is especially true with new toys. So as they play, sit with them at the table or just stay in the room so you can help.

About Breakstone, White & Gluck – Boston Toy Safety Lawyers

kidsafe-fb-1200Our Boston personal injury lawyers represent clients in all personal injury matters, including motor vehicle accidents, medical malpractice, premises liability, wrongful death and cases involving injuries caused by defective products and unsafe toys. We share our holiday toy safety series as part of our Project KidSafe campaign

To learn more, visit our toy safety page. You can also visit our website to learn more about our attorneys and their experience.

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We urge parents to keep magnet toys off your holiday shopping list for young children. High-powered “rare-earth” desk magnet toys are highly dangerous and there are many painful stories of children ingesting them, then fighting for their lives in surgery. But there are also other types of magnet toys, including magnet tile building sets and magnet construction toys. While these are very popular, this doesn’t mean they are safe for your family. Take time to do your research, read age recommendations and really consider your children’s needs.
Magnet Desk Toys or Cluster Magnet Toys
Read by product type:

Magnet Desk Toys or Cluster Magnet Toys
Tile Magnet Toys
Magnetic Construction Sets
Final Word on Safety

Magnet Desk Toys or Cluster Magnet Toys

Desktop magnet sets

Cross desktop magnet sets off your holiday shopping list. These have caused hundreds of children injuries.

The Consumer Product Safety Commission (CPSC) has worked to take desktop magnet toys off the market to prevent injuries to children. The problem is the average set has 125 or 216 strong magnet balls, though some have more than 1,000 pieces. The magnets are tiny and are extremely high-powered.

These magnet sets come apart and can be reassembled into unique shapes. In a child’s hands, the magnet clusters may become a necklace, triangle or whatever formation they imagine. When magnets are put in a child’s mouth, they can attract to each other, causing serious injuries in the digestive system as well as blood poisoning. Children usually require surgery for the intense pain.

New Magnet Safety Standard. Prior to 2014, “rare-earth” magnet sets were required to carry age recommendation labeling of 14 and older. In 2014, the CPSC established a federal toy safety standard which required magnets to be large enough to exceed the CPSC’s “small part” standard for toys or that magnetic parts have a force of attraction of 50 kG² mm² or less, according to the CPSC’s Final Rule: Safety Standards for Magnet Sets. The CPSC safety standard effectively made it illegal to sell “rare-earth” magnet sets in the U.S. and there was a positive response, an 80 percent reduction in magnet-ingested injuries, according to The Journal of Pediatrics.

You may guess young children are at the highest risk. But children age 4 through 12 suffered the most injuries in the CPSC’s analysis of ER visits over 5 years, from 2009 to 2013. According to the Federal Register dated October 3, 2014, the agency concluded an estimated 2,900 children had suffered magnet ingestion injuries. Children age 4 through 12 suffered 1,900 injuries – or 65 percent.
Tile Magnet Toys
For all this work, in 2016, the 10th Circuit of Appeals ruled the CPSC’s pre-requisite factual findings were “incomplete and inadequately explained.” The Court vacated the safety standard and remanded it back to the CPSC for further proceedings.

The lawsuit had been filed by Zen Magnets, one of the “rare-earth” magnet makers. The company is now selling its products again, under the Buckyballs and Mandala names, according to Tech Crunch. Again, we stress, please don’t buy these toys, especially if you have children or a pet. The parts are small and scatter easily. If you don’t find our blog compelling, we encourage you to read this article in STAT, called “Toy magnets are harming kids again. They need to be banned – for good,” August 6, 2019.

Tile Magnet Toys

magnet-tile-toy-400

Magnet tile toys

These are magnets encased in plastic triangle and square shapes. These are popular, marketed as toys that help stimulate learning and imagination. Some of these are designed for children under age 3, some for children ages 3 and up; others are for age 6 and up. If you do purchase one of these sets, carefully check the age recommendation and secure it in a container out of reach of children.

There has been at least one case of the encasements opening and a child swallowing magnets. Last December, a Wisconsin mother shared her frightening story on social media and the Today Show reported on it. The woman’s 4-year-old son had swallowed 13 magnets from one of the tile magnet kits. After he began vomiting, she rushed him to a local hospital where surgeons had to remove part of his colon, intestine and appendix. The product manufacturer was not identified in the story.

The CPSC regularly issues recalls about toys containing small magnet parts. One of the largest recalls involving tile magnet building toys came in 2006, when Mega Brands America, Inc. recalled 4 million Magnetix Magnetic Building Sets. The recall was first announced on March 31, 2006 and re-issued and expanded in April 2007. The CPSC reported one child had died and one child had suffered aspiration. 27 others had suffered intestinal injuries, according to the CPSC news release.

The tragedy could have claimed even more lives; there had been 1,500 reports of magnets coming apart. Although the Magnetix Magnetic Building Sets were labeled age 6 and older, at least 10 injuries involved older children, up to age 11.
Magnetic Construction Sets
According to CBS News, in October of 2006, Mega Brands America settled a lawsuit with 15 victims for $13.5 million. 

In 2009, consumers learned there was further wrongdoing in this case. On April 14, the CPSC announced that Mega Brands America, Inc. had agreed to pay a $1.1 million civil penalty to settle allegations that the company (and Rose Art Industries, which it had acquired) had failed to provide timely information about product dangers to children. 

Magnetic Construction Sets

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Magnet construction sets typically have magnets snap together with other stick pieces.

These sets include plastic rods and balls which can be snapped together with the magnet attraction.
Final Word on Safety
One problem is Consumer Reports found a full range of age recommendations across several popular products – and manufacturers unwilling to answer questions. Since age recommendations are the most fundamental tool consumers have, we recommend steering clear of these. 

Final Word on Safety 

The CPCS is responsible for overseeing product recalls and a quick search of its database can glean valuable information for parents. Visit www.cpsc.gov and search by product name or type of products. You can also visit the CPSC’s magnet information center.

With magnet toys, product regulations and age recommendations continue to change. They are very challenging to bring into any home safely, but especially homes with children of various ages and development skills and pets. In the end, you must make your own decision, but we urge you to be overly cautious and purchase other toys. There are so many other toys out there which can provide your child with a safe and enjoyable experience. 

Breakstone, White & Gluck – Boston Toy Safety Lawyers

Breakstone, White & Gluck is a Boston law firm specializing in personal injury, medical malpractice and product liability. We wish Massachusetts families a safe and healthy holiday season and share our toy safety tips as part of our Project KidSafe campaign.

If you have been injured, contact Breakstone, White & Gluck to learn your legal rights at 800-379- or 617-723-7676. You can also use our contact form.

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Fisher-Price Rock 'n Play Sleeper

Fisher-Price recalled its Rock ‘n Play sleeper in April.

Last April, Fisher-Price made its jarring announcement: 10 babies had died in its sleepers after rolling from their backs to their stomachs. Fisher-Price urged parents to take children out of the sleepers once they reach 3 months old or begin turning themselves over.

This advisory didn’t stand. Soon thereafter, Consumer Reports published the results of its own investigation, which identified 32 infant deaths. Within the week, Fisher-Price and Mattel, its parent company, had recalled 4.7 million unsafe sleepers.

Now six months later, The Washington Post reports that 59 babies have died in Rock ‘n Play sleepers. At least two other companies, Kids II and Dorel Juvenile Group USA, have recalled their infant sleeper products. At the time of the recall, 5 infants had died on the Kids II sleepers.

Last week, the Consumer Product Safety Commission (CPSC) proposed a new safety standard for infant sleep products. This would limit the seat back angle for sleep to 10 degrees or less.  

Why Was the Fisher-Price Rock ‘n Play So Dangerous?

Fisher-Price introduced the Rock ‘n Play in 2009, inventing the category of inclined sleepers, which allowed babies to sleep at a 30 degree angle. From the start, this design completely disregarded the American Academy of Pediatrics’ safe-sleep guidelines, which recommend babies sleep on their backs in an empty crib or bassinet to avoid accidental suffocation. 

One problem was Fisher-Price didn’t do thorough safety testing or consulting with medical experts. But you can’t overlook the fact that Fisher-Price has been a giant in children’s products and how that influenced the discussion. As one pediatrician told The Washington Post, “This is not something I’d recommend using. But parents see that it’s from Fisher-Price and think, ‘They wouldn’t be able to sell anything that isn’t safe.’ ”

New Research Findings

The CPSC asked an assistant professor of orthopedic surgery who specializes in infant biomechanics to lead a study on inclined sleep products. The professor is based at the University of Arkansas for Medical Sciences. She and her team found evidence that babies age 2-6 months on average who were placed in inclined sleep products were at a higher risk of suffocation, when compared to a flat crib mattress.

  • Her team concluded that none of the inclined sleep products tested were safe for infant use.
  • The university team suggested the angle of the incline be no more than 10 degrees. The lying surface should be flat and rigid, not soft or plush-like.
  • The team reported that babies who were placed on their stomach in their sleepers or who rolled over had to exert as much as 200 percent more core strength than those on a flat crib mattress. 
  • Finally, the university team reviewed police reports and interviews from 91 cases of infant suffocation. In many cases, the caretaker reported they had never seen the infant roll over before.

This was a recurring point in the team’s findings. Many of the children were rolling over for the first time when they were found.

Here is additional information for further reading:

UAMAS Research into Baby Biomecanics Shows Issues with Infant Inclined Sleepers, University of Arkansas

After Infant Deaths, Fisher-Price Rock ‘n Play Sleeper is Recalled, Massachusetts Injury Lawyer Blog

More Infant Sleep Products Linked to Deaths, Consumer Reports

Consumer Product Safety Commission: No More Inclined Sleepers, Chicago Sun Times

Free Consultation – Boston Product Liability Lawyers

With more than 100 years combined experience, Breakstone, White & Gluck specializes in plaintiff representation in product liability cases. We represent clients throughout Massachusetts, from Boston to Cambridge to Plymouth, Brockton and Cape Cod to the North Shore.

If you have been injured, learn your legal rights. For a free legal consultation, contact our firm at 800-379-1244 or 617-723-7676. You can also use our contact form.

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Nissan recall

Nissan has recalled 1.23 million vehicles because the backup camera displays are not working properly (Sept. 2019)

It is always wise to stay informed about your car and to regularly check for auto recalls. This was the lesson of the past decade and is sound advice again in 2019, as General Motors, Ford and Nissan have announced new safety defects.

General Motors Recalls
General Motors (GM) has issued several recalls during 2019, most notable 3.5 million SUVs and trucks with faulty brakes. This recall was announced in mid-September and was associated with 13 related injuries and 113 car crashes, according to Consumer Reports. This was a known problem in some GM models, including the Chevrolet Silverado, GMC Sierra pickup trucks and the Chevrolet Tahoe.

The National Highway Traffic Safety Administration (NHTSA) has been investigating since November 2018, when it received complaints. General Motors has been repairing vehicles since December 2018. A Canadian recall was issued in June.

The GM vehicles have a defect with a powered brake-assist system, potentially impacting the amount of pressure required to stop. There are several warning signs: drivers may experience a vibrating brake pedal, hear a ticking noise or see a message reading “Service Brake Assist” on the dashboard. GM dealers can re-program the braking software at no charge.

Nissan Recalls
Don’t trust the backup camera display if you are driving a Nissan. The automaker has just recalled 1.23 million vehicles – including many of its most popular models – because the backup camera displays are not properly returning to their default settings. This recall involves 2018 and 2019 models of the Nissan Altima, Nissan Murano, Nissan Pathfinder, the Infiniti and numerous other models. No injuries were reported. Read more.

Ford Recalls
Ford has also made negative headlines. Back in January, the automaker called back 953,000 vehicles worldwide as part of the ongoing Takata airbag recall. More than 782,000 vehicles were in the U.S. market. The recall covers 2010 through 2014 models, including the Ford Edge, Ford Ranger, Ford Fusion, Lincoln MKZ, Mercury Milan and the Ford Mustang.

Automakers continue to recall the Takata airbags, which have caused dozens of deaths and hundreds of serious injuries. The deadly recall has now touched 41.6 million vehicles, according to the NHTSA. While these recalls were first announced years ago, the NHTSA says the repairs must happen in phases over time. Priority has been given to the oldest vehicles in Florida and other warm weather states.

In August, more bad news and another recall. Ford announced that more than 550,000 more trucks and SUVs in North America had glitches – the backseats were not providing proper restraints. Among the vehicles: certain 2018 through 2020 models, including F-150 pickups, Super Duty trucks, Explorer SUVs and Expedition SUVs.

Toyota Recalls
In August, Toyota recalled 135,000 Corollas and Matrix hatchback vehicles from model years 2005 to 2008, according to Cars.com. These vehicles had airbags which needed replacement due to the Takata recalls, but these repairs were previously made and were not related to the latest recall.

Check Your Vehicle for Safety Recalls
You can visit the NHTSA website to check if your vehicle has been subject to a recall.

Boston Product Liability Lawyers – Free Legal Consultation

With more than 100 years combined experience, Breakstone, White & Gluck is known as one of the best personal injury law firms in Massachusetts. We have extensive experience handing cases which involve car accidents, truck crashes and pedestrian injuries in Boston and other communities. In some cases, a defective part may contribute to a car crash and injuries. Our attorneys have investigated and aggressively represented clients in these cases, ultimately obtaining the financial compensation they deserve.

If you have been injured in a car accident in Massachusetts, learn your legal rights. For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.

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Delivery man with online purchase

Check your package to make sure it’s safe and contains what you ordered. That’s one of several warnings about product safety as students head back to school in Massachusetts.

Parents, as school begins, there are good reasons to double check your child’s backpack, daycare program and dorm room, as well as online purchases. There have been several recent recalls and news reports about unsafe products, providing warnings for children of all ages.

Dangerous Products on Amazon. It’s convenient to place a quick order on Amazon and see the package arrive in no time. But a Wall Street Journal investigation has found the retailer is actually selling thousands of unsafe products. These products have been declared unsafe by federal agencies, are deceptively labeled or are banned by federal regulators. The Journal’s investigation documented 4,152 dangerous products, including toys and medications, according to news reports.

Amazon draws the majority of its business from third-party merchant sales and the report questions Amazon’s oversight of these sellers. Meanwhile, the company has reportedly removed some of the products and said it is committed to consumer safety, investing over $400 million toward these efforts in 2018.

Always do your research when making online purchases and open packages as soon as they arrive. Check that the packaging matches what appears online. Parents should carefully inspect the age recommendations and take inventory of unexpected pieces and parts that could cause choking and other injuries.

Contigo Water Bottles. Contigo has recalled 5.7 million of its Contigo Kids Cleanable Water Bottles, saying they can detach and pose a choking hazard. The Chicago-based company has received 149 complaints, including 18 reports of children found with the detached spout in their mouths. Contigo will provide a free replacement lid for the products. Read more.

Infant Sleepers. Fisher-Price issued a product recall for the Fisher-Price Rock ‘n Play sleepers back in April. But the unsettling news is some of the recalled cribs are still in use. In a survey of 376 daycare centers, one in four were still using at least one of Fisher-Price’s recalled sleepers, according to USA Today. This report just came out in the last few days.

Parents please read this article and talk to your child’s daycare provider. Fisher-Price recalled the sleepers following 10 deaths. The Consumer Product Safety Commission is now aware of more than 30 infant deaths.

Battery-Operated Skateboards. We want to mention a news headline out of Ohio because while it’s several states away, it provides an important warning for Massachusetts parents of college students. On Tuesday, a battery-operated skateboard sparked a 5th floor dormitory fire at the University of Cincinnati, causing a reported $20,000 in damage to Calhoun Hall, a 12-story structure housing hundreds of students. Fortunately, no injuries were reported. Officials have not identified the product which caused the fire, but the incident is a reminder that dangerous products can have a far more devastating effect in college housing. Read and follow the college’s guidelines on products which are not permitted.

Stay Informed About Product Recalls
Because there is nothing more critical than your child’s safety and well-being, we urge you to check the Consumer Product Safety Commission website to learn about other recent recalls. To stay informed, you can sign up for regular email alerts about product recalls or visit the CPSC website periodically.

Contact a Boston Product Liability Attorney
Breakstone, White & Gluck has represented those injured by defective products in Massachusetts for more than 25 years. We periodically share information on product recalls and unsafe products to help prevent injuries before they happen.

If you or a loved one have been injured by a defective product, seek immediate medical attention. Preserve the product and contact an attorney to learn your legal rights.

For a free legal consultation, contact our Boston product liability attorneys at 800-379-1244 or 617-723-7676. You can also use our contact form.

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Used car dealer holding keys to unsafe car in Massachusetts.

A dangerous bill has been filed in Massachusetts seeking to give used car dealers the right to sell used cars with pending recalls. Dealers would just have to provide written disclosure. Safety groups are opposed here and in other states.

The automotive industry has been pushing states to pass legislation allowing car dealers to sell used cars with open safety recalls. The industry wants to just disclose the pending recalls, rather than provide repair. Proposed legislation was the subject of a hearing at the Massachusetts State House this week. Massachusetts is the 11th state where this unsafe and anti-consumer legislation has been introduced over the past five years. Most other states have not passed the measures pushed by car dealers.

MassPIRG represented a coalition of safety organizations before the State House Joint Committee on Monday, speaking out against the bill, SB 179/HB 262, An Act further regulating business practices between motor vehicle dealers, manufacturers, and distributors. The bill was filed by Rep. Daniel J. Hunt and Sen. Marc R. Pacheco.

If approved, this proposal would allow Massachusetts car dealers to sell used cars under recall and simply provide written disclosure about outstanding repairs and defects, according to MassPIRG.

MassPIRG and its coalition strongly oppose this legislation, calling it a “serious threat to the safety of everyone who shares the roads,” and a “dangerous, profoundly anti-consumer, anti-safety, special interest bill.” It further noted there is no other recalled product that can be legally sold. You can read the coalition’s full statement here.

The proposal would weaken some of the most fundamental Massachusetts laws designed to protect consumers. Under the current laws, car dealers must affirmatively warrant that used cars are safe to operate on the roads. Dealers can be held liable for failing to comply with common law duty of care and for engaging in acts which are unfair, deceptive or negligent and result in wrongful death. Consumers have the right to recover financial losses in court or file a civil lawsuit in cases involving personal injury or wrongful death.

The Role of the Automotive Lobbying Groups

The Center for Public Integrity has teamed up with USA Today and The Arizona Republic to cover the lobbying effort by the automotive industry in the wake of the massive auto recalls. There are a number of industry groups, but the media partners report the Automotive Trade Association Executives has drafted “suggested” legislation being provided to many states. The Washington D.C.-based organization represents more than 100 executives from the regional auto dealer associations.

The media partners reported the goal was for the legislation to have two parts: one requiring manufacturers to fairly compensate auto dealers for holding onto used cars which needed repairs. The second part would allow those same auto dealers to sell recalled used cars if they disclosed repairs were needed.

Reporting on the Many Injuries

Over the last decade, drivers have suffered through recall after recall – over 280 million vehicles overall, according to the Consumer Federation of America. While many repairs have been made, the group estimates over 70 million recalled vehicles remain on the road.

As part of their coverage, the media partners have covered the stories of cars being sold multiple times after recalls and the injuries that follow.

The stories include that of Carlos Solis, a 35-year-old Texas father of two killed by a defective airbag in his Honda Accord. Solis was hit by an oncoming car as he waited to make a turn into an apartment complex outside of Houston. While his passenger was left uninjured and the vehicle suffered little exterior damage, Solis was struck in the neck by metal from the airbag. It severed his carotid artery and he died within minutes.

Solis had no warning about the defective airbag. An independent used car dealer sold the car without fixing the airbags or warning him Honda had recalled the vehicle years earlier. His family filed a civil lawsuit. Across the country, other families who lost loved ones did the same. Car dealers took notice.

Tennessee’s “Used Recall” Law

According to the media partners, legislation has been introduced in Massachusetts and 10 other states, including California, Illinois, Maryland, Missouri, New Jersey, New York, Oregon and Pennsylvania, Tennessee and Virginia.

Tennessee is one state which passed the law with the car dealers’ language intact. What happened there shows the automotive industry is reaching too far, disregarding potential injuries and deaths and harming families already in pain.

In 2014, Lara Gass, 27, died in a car crash caused by a faulty ignition switch in a Saturn Ion. GM had just recalled the safety defect a few weeks earlier. Her parents approached the local state legislator, asking him to introduce “Lara’s Law,” which would have banned the sale of recalled used cars.

The state lawmaker consulted with a local lobbyist from the Tennessee Automotive Association. They edited the language, removing the sales ban. Instead, they added a requirement to disclose the auto recalls to consumers.

The Gass family stopped supporting the bill. The local lawmaker – who had received $56,000 in campaign donations from local dealers – withdrew the bill. But that wasn’t the end of it. The next year, the same lawmaker reintroduced the legislation in the state Senate with the sales ban sought by the Gass family. Another legislator introduced an identical bill in the state House. Since these were identical bills, there would potentially be little to reconcile before committees.

Neither bill moved forward, but the second lawmaker ended up helping the auto dealers add the “disclosure” language to an unrelated law regulating, of all things, rickshaws. There was no sales ban as the Gass family had sought. Republican Gov. Bill Haslam signed “The Motor Vehicle Recall and Disclosure Law” on May 5, 2017.

“Lawmakers were more influenced by lobbyists than they were by citizens trying to do the right thing,” Jay Gass told the media outlets.

The one exception in the Tennessee law is car dealers cannot sell used recalled cars with special notices, including “do-not-drive recalls” or “stop-sale orders.” But these are very rarely issued.

Federal Legislation May Be Ahead

Hopefully, no other state will have to consider this type of anti-consumer legislation. Last month, U.S. Sen. Edward Markey (D-Massachusetts) and U.S. Sen. Richard Blumenthal (D-Connecticut) introduced federal legislation that would ban all sales, leases and loans of used cars with open recall notices. This would be a uniform law protecting car buyers, drivers and road users under one standard in all 50 states.

Boston Product  Liability Lawyers – Boston Car Accident Lawyers

With more than 100 years combined experience, Breakstone, White & Gluck and our Boston personal injury lawyers are experts in handling product liability cases involving defective parts in cars and trucks. We represent clients in all types of product liability cases, including those involving defective construction equipment, fitness equipment, toys and consumer products. Our attorneys provide plaintiff’s representation in Boston, Cambridge and across Massachusetts.

If you have been injured, learn your legal rights. For a free consultation, contact our attorneys at 800-379-1244 or 617-723-7676 or use our contact form.

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Kids II sleeper recall

Kids II has recalled nearly 700,000 rocking sleepers, just two weeks after the stunning Fisher-Price recall.

There is a new and frightening warning out about infant sleepers. This time, families are being urged to stop using Kids II infant rocking sleepers because they have been linked to the deaths of five infants. Kids II recalled its entire line of infant rocking sleepers on Friday – approximately 36 models and 694,000 individual products – just two weeks after the stunning Fisher-Price recall.

Fisher-Price recalled 4.7 million of its Rock ‘n Play sleepers on April 12, after an investigation linked the product to more than 30 deaths over 10 years. This means that combined, the two companies sold more than 5.3 million defective sleepers to unknowing families.

Kids II introduced its sleepers in March 2012. Five infants have since died while using the sleepers after rolling from their back to their stomach while unrestrained or under other circumstances.

These sleepers were sold at Target, Walmart and Toys “R” Us as well as online, with a price tag of $40-$80. Parents and grandparents who own one should stop using the Kids II sleepers and contact the company for a recall or a voucher to use toward another product. Parents can call Kids II toll-free at 1-866-869-7954 8:00 a.m.to 5:00 p.m. ET Monday through Friday or visit the company’s website.

Read the Consumer Product Safety Commission’s recall notice for a full list of the recalled sleepers. One of the models was sold with Disney branding.

In the Fisher-Price case, the Consumer Product Safety Commission and the company, which is part of Mattel, initially announced the sleeper had been linked to at least 10 deaths in early April. The company said the deaths all involved children who were 3 months or older. The company’s remedy was for parents to stop using the rocker when children turned 3 months old or became capable of turning themselves over.

Soon after began the calls for a recall. Consumer Reports and the American Academy of Pediatrics (AAP) were the leading advocates in both the Fisher-Price and Kids II sleeper recalls. Both products put children in canopy-like sleeper, which can rock to music and is highly likely to move if an infant can. The AAP warns the rocking sleepers are unsafe and create a risk for suffocation and strangulation. The academy advises that infants should only sleep on flat surfaces such as cribs or bassinets. The sleeping surface should be free of soft bedding, toys and other products.

After Friday’s recall, Consumer Reports asked the Consumer Product Safety Commission if the agency intends to recall all sleepers on the market. An agency spokesperson said it continues to actively investigate sleep products and was “reassessing the product class and hazards associated with it.” Meanwhile, Mattel has announced the Fisher-Price recall will cost the company $27.3 for the quarter ending March 31, 2019. But the recall won’t entirely remove the sleeper from homes. According to Consumer Reports, Fisher-Price sells the same product in Canada, but markets it as a “soothing seat.”

About Breakstone, White & Gluck – Boston Product Liability Attorneys
Breakstone, White & Gluck is a Boston personal injury law firm which represents individuals who have been injured by unsafe products. When a product has caused injury, there should be an investigation to determine the cause, which often falls under three categories: defective design, manufacturing error or a failure to warn consumers about the potential for injury. If someone in your family has been injured by a defective product, learn your rights. Contact our Boston product liability lawyers at 800-379-1244 or 617-723-7676 or use our contact form.

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Fisher-Price Rock 'n Play Sleeper

Fisher-Price has recalled its Rock ‘n Play sleeper after an investigation found more than 30 infants died while using it.

It once looked the perfect place to nap and cuddle. But this adorable product – the Fisher-Price Rock ‘n Play Sleeper – wasn’t ever safe. Fisher-Price and the Consumer Product Safety Commission (CPSC) announced the recall of 4.7 million sleepers on April 12, 2019. Parents are being urged disassemble the sleeper and stop using it. The company expects to spend the next several months processing recalls.

Prior to the company’s action, the American Academy of Pediatrics (AAP) had joined Consumer Reports in calling for the product’s removal, stating the Fisher-Price Rock ‘n Play failed to comply with its recommendations, which state infants should only sleep on flat and firm surfaces. Further, the AAP advises infants should not be left on the same surface as other bedding, toys or bumpers, which could increase the risk of infant suffocation or choking.

Fisher-Price, a division of Mattel, is asking parents to contact the company for a refund or voucher toward another Fisher-Price product. The company will offer a full refund for Rock ‘n Play sleepers purchased during the past six months.

Resources:

Fisher-Price Rock ‘n Play Recall Notice, Consumer Product Safety Commission

Mattel and Fisher-Price Recall Page for Parents

The Week of Bad Headlines for Fisher-Price

Fisher-Price and the CPSC announced the product’s recall on Friday, April 12th, following days of pressure from safety organizations. Fisher-Price had initially resisted.

On April 5, the CPSC and Fisher-Price released an initial warning and announced 10 infants had died in the Rock ‘n Play between 2015 and 2019. The infants were all 3 months or older and died after rolling over from their back to their stomach or side.

At that point, there was no recall, but parents were advised to stop placing children in the sleeper once they reach 3 months old, or earlier if they begin turning themselves over.

Days later, Consumer Reports came out with a troubling report linking the product to not 10, but 32 infant deaths since the 2009 release. The consumer watchdog called on the CPSC to immediately issue a recall of the defective product. In response, Fisher-Price said the company did not believe any of these deaths were caused by the sleeper. Rather, the company said medical and health conditions were cited as the cause in some deaths, and in other cases involved improper use of the sleeper.

Shortly after, Americans heard from the AAP: “This product is deadly and should be recalled immediately.”

Despite the AAP recommendations, Fisher-Price managed to introduce the Rock n’ Play and sold it for a decade. Before the recall, it was selling for $40 to $149 at various retailers. The product sits elevated in a canopy-like environment for sleeping and sitting and featuring a “motorized rocking motion” and musical tunes. The problem is when a baby’s head falls forward or sideways. This can block the child’s access to oxygen.

Parents should do careful research when buying children’s products. Monitor the CPSC website for warnings and recalls, as well as the Consumer Reports website. We can expect to hear more about the dangers of other sleeper products in the near future, as Consumer Reports continues its investigation. On April 11, it reported on four other child deaths linked to Kids II sleepers.

More Reading:
Fisher-Price Rock ‘n Play Sleeper Should Be Recalled Immediately, Consumer Reports

Fisher-Price Rock ‘n Play Recall, New York Times

Buying Safe Toys, Breakstone, White & Gluck Project KidSafe 

Contact the CPSC About Dangerous Products and Injuries
If you are ever injured while using a consumer product, you should contact the CPSC to report the injury. The CPSC is the federal agency responsible for overseeing the recall process, releasing warnings to the public and collecting injury data. The CPSC works with manufacturers to issue product recalls.


Free Legal Consultation – Contact a Boston Product Liability Lawyer

If you have been injured, it is also in your best interests to consult a Boston product liability attorney. At Breakstone, White & Gluck, our Boston attorneys have represented clients injured by defective products, medical devices and vehicles. Prompt investigation is necessary in product liability cases and our attorneys are known for our thorough, detailed and capable investigation.
For a free legal consultation, contact our lawyers today at 800-379-1244 or 617-723-7676 or use our contact form.

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Patient who had knee replacement surgery

The Attune Knee System was approved through the FDA’s 510(K) process. Breakstone, White & Gluck is currently representing patients who have suffered Attune knee replacement failures. Free Consultation: 800-379-1244.

In 2019, the public can expect to learn more about the Food and Drug Administration (FDA)’s plans for improving the 510(K) approval process for medical devices. Instead of improving the quality of life for patients, too many medical devices are causing injuries and even death. Many of these medical devices were been approved through 510(K).

Too often, we hear about medical device injuries in the news. At Breakstone, White & Gluck, our attorneys represent patients injured by defective medical devices and other unsafe products in Massachusetts and Rhode Island, from Boston to Worcester to Providence. Our attorneys know each news story represents many more patients who have been injured.

But just how many? More than 1.7 million people have suffered injuries from medical device failures over the past decade, according to a 2018 Associated Press report. Nearly 83,000 people died. These are giant and unbelievable numbers, especially when you consider that medical devices undergo a federal approval process which should protect patients.

How the FDA 510(K) Process Works

Since 1976, manufacturers have been able to short-cut the FDA approval process. If a manufacturer can demonstrate their medical device is “substantially equivalent” to an approved medical device, they can apply through the 510(K) approval process. The manufacturer has to submit paperwork, explaining the similarities between medical devices, but they are not required to conduct additional clinical testing – even for devices which are surgically implanted such as knee and hip replacements.

FDA Proposal Calls for 10-Year Restriction

While the FDA has long been committed to the 510(K) approval process, many have argued the process needs to be more focused on patient safety. After many years of complaints, the FDA is now proposing a change to only allow manufacturers to use the 510(K) approval process when they base their applications on medical devices approved in the past 10 years.

The FDA said this change will modernize the process and ensure products and technologies continue to improve.

Here is a point that supports change. While there are 4,000 medical devices in the agency’s database, just six types have caused 25 percent of all injuries between 2008 and 2017. These include defective hip replacements, including the DePuy metal-on-metal and other hip implants, accounting for more than 103,000 injury reports. The other medical devices: spinal stimulators, surgical mesh, defibrillators, implanted insulin pumps and insulin pumps with sensors. These figures also come from the Associated Press.

Over the next few months, the FDA is taking public comment on other questions, such as should there be a public list of devices or manufacturers who make technologies that rely on devices approved more than 10 years ago? Or what would be an appropriate time period? Read more: FDA’s questions for the public.

Common Medical Device Defects and Injuries

Breakstone, White & Gluck specializes in representing those injured by medical device failures in Boston, Worcester and across Massachusetts and Rhode Island. If you have been injured, our attorneys can advise you of your legal rights for seeking compensation. Our goal is to help clients obtain prompt medical treatment and then, full compensation for financial losses, such as lost wages. Patients may also be entitled to damages for pain and suffering.

Our lawyers are experienced in handling medical device claims involving:

Knee implants. One knee replacement with a high rate of failure is the Attune Knee System, which is stabilized by a cement fixture. Patients can suffer physical pain when the cement loosens.

Hip implants. DePuy issued a recall for its ASR XL Acetabular System metal-on-metal hip implants in 2010. But many other implants followed, including the Stryker Rejuvate Modular and ABG II Modular-Neck Hip Stems, Zimmer and Smith & Nephew. Read more about what to do if you have a defective hip implant.

Surgical mesh. Patients have suffered complications after being treated with surgical mesh implants during hernia repair procedures. There have been so many injuries that the FDA has issued an advisory warning patients about the severe pain and long-term complications that can result. One type of surgical mesh which has caused injuries is the Ethicon Physiomesh® Flexible Composite hernia mesh.

Boston Medical Device Injury Lawyers – Free Legal Consultation: 800-379-1244

Learn your legal rights if you have been injured as a result of a medical device failure. For a free legal consultation, contact Breakstone, White & Gluck at 800-379-1244 or 617-723-7676 or use our contact form.

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‘Tis the season to shop for holiday toys and gifts. Or to bring that product back, for a full refund or replacement?

While a record number of consumers shopped for the holidays, IKEA and Honda issued major safety recalls in November. We share an update on these recalls and continue our Project KidSafe series on toy safety.

Honda Odyssey Recall. It’s a replacement part if you own a Honda Odyssey and unfortunately, you can expect to wait.

Honda Odyssey van

107,000 Honda Odyssey vans because of a problem with the power doors. Photo: Wikipedia.

Just in time for the Thanksgiving drive, Honda recalled 107,000 Honda Odyssey vans because the power doors may improperly latch and can potentially open while the vehicle is in operation. Honda has not received any reports of injuries.

Honda recalled vehicles from the 2018 and 2019 model years on November 20, 2018. The automaker called on drivers to request replacement power sliding door kits through an authorized Honda dealer. Replacement parts should arrive at licensed dealers in late December.

Honda advised owners they can disable the power door. Use manual operation until replacements arrive.

This is not the first recall involving Honda Odyssey vans. Last year, 900,000 Odyssey models from 2011 – 2017 were also recalled. In that case, Honda reported second-row seats could tip forward if not properly latched. Tipping could happen during moderate or heavy braking if seats were not properly latched after adjusting side-to-side or reinstalling a removed seat. Honda received 46 reports of minor injuries.

To learn more about the recalls, visit the Honda website.

IKEA dining tables recall November 2018

IKEA recalled these dining room tables in November 2018 because the dining surface can collapse. Return for a refund.

IKEA Tables. It is a return if you have an IKEA table. The retailer recalled 8,200 dining tables in the U.S. and 1,500 in Canada on November 27, 2018, warning the table’s glass extension leaf can detach and drop.

This has already happened three times. IKEA reports one minor injury, requiring no medical attention.

These tables sold at IKEA stores and online from February 2017 through October 2018. They sold for approximately $300. IKEA says consumers  can return them for a full refund or a replacement table. Learn more on the Consumer Product Safety Commission website.

Consumer Safety Tip: Consumers do not have to wait for the news media to report unsafe products and product recalls. You can view recalls online on the CPSC website and even sign up to receive email alerts when products are recalled. Visit the toy safety page on our website to learn how to sign up.

Not every recall is the same. The CPSC can release product recalls calling for refunds or replacements. Some products can be repaired easily. Others cannot. Consumers should pay attention to all recalls. Encourage friends and family to do the same: return and refund or replacement/repair. Another option is just remove the recalled product from your home, if it can be taken apart and discarded with care, so other children cannot reuse it.

A Decade of Toy Safety Efforts, Passage of Federal Safety Legislation to Protect Massachusetts Families

Toys can be defective and recalled after causing serious injuries.At Breakstone, White & Gluck, our Boston product liability lawyers specialize in representing those injured by defective products. Toy injuries are common, even though toys should only be safe and fun for children. It is painful to learn they can be defective or may not have been fully tested or properly labeled. Defective toys can cause serious injuries, including fingertip lacerations, burns, facial injuries and broken bones. For children under age 3, the leading hazard is toys which contain small parts and balloons which can cause choking and suffocation. Toys should be tested to see if parts can fit through the “small parts” test. Those which pass through the “small parts” cylinder should have age-appropriate warnings, which read “Choking Hazard – Small Parts. Not for Children Under 3 Yrs.”

Among older children and teens, Hoverboards and riding toys are popular holiday gifts. These toys have injured and killed  in recent years, with Hoverboards also burning down homes as the lithium ion batteries charged.  Before you buy, check the CPSC’s safety standard for Hoverboards (UL2272 safety standard). Remember the standard is still new, first issued in 2016, and not an endorsement for safety. In fact, the CPSC has strongly urged consumers not to buy Hoverboards, as has W.A.T.C.H., the Boston-based non-profit which included Hoverboards on its “10 Worst Toys” lists.

Taking the time to check if a toy you want to buy – or already own – has been recalled can prevent injuries and save your loved ones’ lives. The number of toy recalls varies by year, but there are always recalls. So far in 2018, we have seen child-related recalls of dolls, toys with loose wheels, clothing, toys with excessive lead limits and go karts. In 2017, the CPSC reported 28 recalls of individual products. Over the past 10 years, 2008, 2009 and 2010 have seen the most toy recalls, with the highest number coming in 2008, when 172 toys were recalled, according to the CPSC.

This was the first year of major safety changes, including passage of the landmark Consumer Product Safety Improvement Act (CPSIA) of 2008. For the first time, toys had to be tested to ensure compliance with the law and the CPSC was granted greater authority in overseeing toy safety standards. Federal limits were also imposed on toys containing lead and other chemical hazards. In December 2008, Mattel and subsidiary Fisher Price agreed to pay $12 million to Massachusetts and 38 other states over events leading to recalls of toys with lead levels above the new federal limit.

Beyond toys, children’s products are also subject to frequent recalls, including names like Graco car seats and Britax strollers. This is a frightening fact, because these products carry children.


Breakstone, White & Gluck writes about toy safety as part of our Project KidSafe campaign, with a goal of preventing toy-related injuries. Our recent blogs:

Trouble in Toyland Report Offers Valuable Warnings For Holiday Shoppers

Hitting the Safety Brake: A Warning About Battery-Operated Ride-On Toys

The 10 Worst Toys of 2018

Protect Your Children from Lithium Button Batteries

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