Safety
Product Safety Recall: Baby Tents Pose Strangulation Risk
Just weeks after a massive children’s crib recall, a portable playard tent linked to a young boy’s fatal strangulation has been pulled for safety.
The U.S. Consumer Product Safety Commission (CPSC) and Health Canada, in cooperation with Tots in Mind Inc. of Salem, New Hampshire, has announced the voluntary recall of 20,000 Cozy Indoor Outdoor Portable Playard Tents Plus Cabana Kits. An additional 85 tents were recalled in Canada.
The tent is a white dome-shaped covering designed to fit over playards that contain a child. In December 2008, a two-year-old boy from Vinalhaven, Maine died when he climbed out of the playard. He was found hanging with his neck entrapped between the playard frame and the metal base rod of the tent. In this case, the tent had been tied to the playard with pieces of nylon rope and partially attached with the tent’s clips because the child knew how to remove the clips.
In three other incidents, children removed the clips on the tent and were able to place their necks between the tent and the playard. The children were not injured.
The unsafe cribs were made in China and sold at Walmart, Amazon and various baby stores from January 2005 to February 2010.
Consumers should immediately stop using the playard tents. They can contact Tots in Mind to get free replacement clips. Replacement clips will be available in late August or early September.
This is the second major product safety recall affecting parents and children in recent weeks. In June, the CPSC recalled two million cribs because of an unsafe drop-side rail, which created a gap where a baby’s head could become trapped. Government officials say this could lead to suffocation or strangulation.
The companies involved in the recall include Evenflow, Delta Enterprises Corp., Child Craft, Jardine Enterprises, LaJobi, Million Dollar Baby and Simmons Juvenile Products Inc.
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Massachusetts Law Bans Highly-Flammable Floor Sealer
Massachusetts has banned the commercial use and sale of lacquer sealer, a highly flammable wood floor finishing product linked to deadly home fires.
Gov. Deval Patrick signed the safety bill into law this week. The bill had strong support from MassCOSH (the Massachusetts Coalition for Occupational Safety and Health), which convened a Floor Finishing Safety Task Force to investigate the problem.
The task force was convened after a 2004 house fire in Somerville claimed the lives of two Vietnamese floor sanders and burned their co-workers. Shortly after, a Vietnamese flooring contractor died in a Hull house fire. Both fires involved the use of lacquer sealer used in floor finishing.
“This groundbreaking law will save lives and end floor finishing fires that have caused so much pain and destruction,” said Marcy Goldstein-Gelb, executive director of MassCOSH. “We owe a great deal of thanks to the Governor and Legislature for recognizing these grave dangers and taking action to protect workers and residents.”
Following the three fatal fires, the Floor Finishing Safety Task Force issued a 2005 report stating Boston had seen 25 fires involving lacquer sealer over the 10 previous years and Needham had seen two in the prior year that threatened worker safety.
In the 2005 report, the task force recommended the state promote use of non-flammable water-based finishers to protect Massachusetts worker safety and prevent worker deaths.
The task force observed the problem of flammable lacquer sealer was targeting Massachusetts’ Vietnamese community, which has a large concentration of workers in the floor finishing industry.
The bill proposing the ban was jointly filed by state Rep. Martin Walsh and Sen. Patricia Jehlen.
Breakstone, White & Gluck of Boston is a supporter of MassCOSH and its work to protect Massachusetts construction workers and other employees.
To learn more, visit the MassCOSH website.
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Toyota Recalls Lexus Models: What to Do if You’re a Lexus Owner
Toyota recalled 270,000 Lexus and Crown vehicles sold around the world this week due to possible contamination during valve spring manufacturing. The company has now recalled more than 8.5 million vehicles for sticking gas pedals, anti-lock brake software glitches and a host of other safety problems.
Massachusetts Lexus owners impacted by the motor vehicle recall will receive official notice from Toyota by first-class mail. Owners will be asked to contact their local Lexus dealer to have the engine’s valve spring replaced at no charge.
Toyota said a foreign substance involved in manufacturing may have contaminated a small number of the valves. If a vehicle is defective, drivers may notice idling or abnormal engine noise. The engine could also stop while the vehicle is in operation.
Of the 270,000 recalled vehicles, 138,000 were sold in the United States, 91,903 in Japan, 15,000 in Europe, 10,000 in the Middle East, 6,000 in China and 4,000 in Canada.
The vehicles were sold between July 2005 and August 2008. They include Lexus models GS350, GS450h, GS460, IS350, LS460, LS600h, LS600hl and Crown models.
This Lexus recall comes just days after Toyota recalled another Lexus model – the Lexus HS250h – because it spilled too much gasoline during crash tests. The tests were part of yearly safety reviews by the National Highway Traffic Safety Administration (NHTSA).
In May, Toyota paid a record $16.4 million fine in the United States for responding too slowly when motor vehicle safety problems emerged. The fine was the largest civil penalty ever assessed against an auto maker by the NHTSA.
The NHTSA has linked 89 motor vehicle deaths and 57 injuries over the last decade to Toyota accelerator problems. Overall, it has received more than 6,200 complaints involving unintended acceleration in Toyota’s cars.
Toyota faces more than 200 lawsuits in the United States. The cases involve defective automobiles, lower resale value of Toyota vehicles and stock price declines. The lawsuits, including 130 class-action lawsuits, are being heard in Southern California, near Toyota’s Torrance headquarters.
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Massachusetts Law Will Ban Text Messaging While Driving
Welcome news today as the Massachusetts Legislature has finally agreed on a new law that will make it illegal to text while driving. Once the bill is signed by the Governor, Massachusetts will be in line with twenty-eight other states that have already outlawed text messaging while driving.
This law comes in the wake of several tragic text message-based accidents. In May 2009, 62 people suffered personal injury after a Massachusetts Bay Transportation Authority trolley collided with another trolley because the driver was texting his girlfriend. In September 2008, a California commuter train engineer missed a stop signal while trading texts with a friend, leading to a train accident resulting in the wrongful death of 25 people. In addition, there have been several high profile motor vehicle wrongful death cases in recent memory which were caused by inattentive drivers who were texting as they drove.
The law has several other public safety improvements. The new law will require that older drivers renew their licenses in person and take an eye exam every five years beginning at age 75. Older drivers were involved in several serious car accidents in 2009 in Massachusetts. Further, the law will forbid anyone under the age of 18 from using a cell phone while driving.
Boston personal injury attorney David White said of the new law, “Distracted driving is a serious safety problem. The use of cell phones and text messaging are two of the biggest distractions for drivers. These new provisions will vastly increase the safety of Massachusetts roadways.”
A recent study found that texting while driving makes a person twenty times more likely to get into a car crash or near-crash. The problem is most severe for inexperienced drivers. It is hoped that this new law will raise awareness to this growing epidemic of serious personal injuries caused by careless texting motorists.
If You Have Been Injured By a Careless Driver
Breakstone, White & Gluck has successfully represented hundreds of victims of careless and inattentive motorists, including bicycle accident victims, truck and train accident victims and car accident victims. Our firm remains committed to all efforts by the legislature and law enforcement agencies to raise awareness to the serious risk of injury caused by careless motorists. If we can help you or a family member with your claim for serious injuries, we would welcome the opportunity to evaluate and handle your claim. Contact us toll-free for a free consultation. 800-379-1244.
Massachusetts Bicyclists Can Protect Themselves With Car Insurance
If you’re a bicyclist, you know safety’s first. Knowing the rules of the road and riding defensively are the best ways to protect yourself from harm. But you must also think finances in case of personal injury. Between lost wages and medical costs, the bills can add up fast. Even if a motorist’s involved, their car insurance may not cover all your expenses.
There’s good news. You can protect yourself financially in a bike accident with a few changes to your own car insurance. The two smartest things a cyclist can do are:
- Purchase adequate amounts of Underinsured and Uninsured Motorist coverage
- Purchase adequate Medical Payments coverage
These coverages are affordable. In fact, you can access up to $100,000 of Medical Payments coverage for just $71! Read on as Boston personal injury lawyer David White shares his advice to cyclists for keeping safe and protecting their wallets.
Click here for full article.
Product Safety Alert: Maytag Recalls 1.7 Million Dishwashers
Maytag Corp. has recalled 1.7 million dishwashers across the United States, citing an electrical failure.The company, which is owned by Whirlpool Corp., issued the recall last week after 12 reports of electrical problems which pose a fire hazard.
Maytag recalled its Maytag, Amana, Jenn-Air, Admiral, Magic Chef, Performa by Maytag and Crosley brand dishwashers with plastic tubs and certain serial numbers. The Consumer Product Safety Commission (CPSC) and Maytag officials say the electrical failures caused by the defective products have caused property damage.
“Product safety is a major concern here because we use our dishwashers daily,” said Boston product liability lawyer Marc L. Breakstone. “We advise consumers to immediately stop using the dishwashers and to have them repaired or to replace them as soon as possible.”
The 12 electrical failure reports included one case of extensive kitchen damage. No injuries have been reported in Massachusetts or other states.
The CPSC advised consumers to immediately stop using the recalled dishwashers and disconnect the electrical supply by shutting off the circuit breaker or pulling the fuse.
Consumers can obtain free in-home repair of the recalled Maytag dishwashers or a $150 to $250 rebate toward a new model. The Maytag dishwasher recall impacts models priced $250 to $900.
If you suspect your dishwasher’s involved in the product safety recall, click here for the full list of serial numbers and for how to obtain a refund or repair.
Motorcycle Safety Awareness Month Time for All Road Users to Think Safety
As Motorcycle Safety Awareness Month draws to a close, we ask both motorcyclists and automobile drivers to take a moment to think safety this summer.
Motorcycling continues to grow in popularity in Massachusetts and around the country, and so do fatal crashes between cars and motorcycles.
The National Highway Traffic Safety Administration (NHTSA) reports in 2008, motorcyclist fatalities increased for the 11th consecutive year. Some 5,290 motorcyclists lost their lives in fatal highway crashes. Almost 50 percent of all motorcyclists involved in fatal crashes collided with other motor vehicles. Over 90 percent of all fatal two-vehicle crashes involving a motorcycle and a passenger vehicle occurred on non-interstate roadways. About half of all fatal crashes between a motorcycle and a passenger vehicle occurred at intersections. Often the driver of the car or truck involved in the accident simply failed to observe the motorcyclist.
Here are some motorcycle safety tips:
- Wear a helmet. NHTSA statistics show you have a 29 percent better chance of surviving a crash than without a helmet.
- If you’re concerned helmets interfere with your ability to see and hear on the road, read this NHTSA study. It found helmets caused no substantial impact: drivers wearing helmets had to turn their necks only slightly farther at times and there was no significant difference in hearing.
- Remember to turn off your flash signal if it’s not self-canceling.
- Make sure you’re experienced enough to ride with a passenger. It changes the way the bike handles and requires more skill.
- Take turns slower than you think is necessary.
Here’s a few tips for passenger vehicle and truck drivers:
- Never drive while distracted.
- Remember a motorcycle has the same rights as any other vehicle on the road.
- Do not attempt to share a lane with a motorcyclists. Allow the motorcyclist a full lane width to maneuver safely to avoid motorcycle crashes.
- Remember to use your signals to change lanes or merge with traffic. Motorcyclists depend on those signals even more than other drivers.
- Check your vehicle’s blind spot! Motorcyclists are even easier to miss due to their small size.
- Don’t rely on a motorcycle’s flashing turn signal. They may not be self-canceling and riders sometimes forget to turn them off or can’t do so immediately due to road conditions. Wait to make sure the motorcyclist is really going to turn to avoid motorcycle collisions.
- Remember motorcyclists often change speed or adjust position within a lane suddenly in response to road and traffic conditions. Allow the motorcyclist extra room – at least three or four seconds.
FDA Issues Tylenol Safety Warning
The Food and Drug Administration is urging parents to choose generic children’s medications over Tylenol as it broadens its investigation into manufacturing facilities operated by Johnson & Johnson and its subsidiary, McNeil Consumer Healthcare.
New product safety concerns have arisen in the weeks after an April 30 recall involving McNeil’s Fort Washington facility in Pennsylvania, prompting the FDA to start investigating other manufacturing sites. McNeil recalled 43 over-the-counter children’s medicines it manufactures for Johnson & Johnson, including various flavors of liquid Tylenol, Motrin, Benadryl and Zyrtec. The FDA has not said how many facilities are being investigated.
McNeil Consumer Healthcare issued the April 30 recall voluntarily in consultation with the FDA. In a visit to McNeil’s Fort Washington facility, FDA officials uncovered inconsistent active ingredient concentrations, extremely potent metal particles in some medicines, an inadequate testing facility, poorly trained employees and drums of raw materials contaminated with bacteria.The full inspection report is available here.
Meanwhile, the House Committee on Oversight and Government Reform is scheduled on Thursday, May 27, 2010 to hold a hearing on the recent Tylenol recalls and whether McNeil properly handled consumer complaints. In a recent Fortune Magazine interview, Johnson & Johnson Chief Executive William Weldon admitted that his company owed an apology. Mr. Weldon has been invited to testify at the May 27 hearing.
The Pennsylvania facility has since been shut down but may resume operation once, according to Johnson & Johnson spokesman James Freeman, “we have taken the necessary corrective actions and can assure the quality of products made there”.
Tylenol has been involved in other product safety recalls in recent years. In 2008, McNeil recalled 51 types of Tylenol after consumer complaints of diarrhea, vomiting and other illness. The company said the medications – mostly all for children and infants – had been contaminated by trace amounts of a chemical used in shipping.
In 2008, McNeil recalled 21 types of children’s and infants’ Tylenolbliquid products, saying an active ingredient did not meet all quality standards.
For additional information on the Johnson & Johnson recalls, see the FDA’s website.
Mass Commuter Challenge and Bay State Bike Week Remind Us to Pay Attention on Roads
Commuters across the state have been pedaling their way to work, the grocery store and other destinations all week as part of Bay State Bike Week and the Mass Commuter Challenge.
Commuters pledged to step out of their cars from May 17-21 and pedal 175,000 miles to workplaces from Worcester to Boston to Plymouth and across the rest of Massachusetts.
The challenge was organized to promote a healthy, non-polluting and sustainable means of transportation. Breakstone, White & Gluck supports this mission but hopes the Mass Commuter Challenge also highlights another important point: that as more bicycles take to the road, drivers and bicyclists must be more aware of each other for safety’s sake.
There are far too many bicycle accidents taking place on the roads today. In 2008, 716 bicyclists were killed across the country and an additional 52,000 were injured in traffic crashes, according to the National Highway Traffic Safety Administration. The NHTSA numbers show that 69 percent of bicycle accidents occured in urban areas and 28 percent of accidents occured between the hours of 5 p.m. and 9 p.m. The majority of the accidents occured in June (9 percent) and September (12 percent).
What Drivers Can Do to Improve Safety
The laws have changed significantly in the last year. Drivers have many more responsibilities to avoid injuring bicyclists. The first step is to be aware that you need to check twice for a cyclist. When overtaking cyclists, you cannot turn right unless there is adequate room, and you must yield to on-coming cyclists when turning left. When passing, you must do so at a safe distance. And remember to pay attention even after you turn off your motor vehicle’s engine. Under Massachusetts bike safety laws, motorists and their passengers can be fined up to $100 for opening car and truck doors in the path of a bicyclist.
A final tip: Put down that cell phone and concentrate on the road!
What Bicyclists Can Do to Improve Safety
Bicyclists can remember that bright colored reflective clothing and helmets save lives. Massachusetts only requires individuals age 1 to 16 to wear helmets, but we advise adults to wear them as well to avoid head injuries. Cyclists must obey the same rules as automobiles when on pubic ways. One of the biggest causes of accidents to cyclists: traveling the wrong way on a one-way street.
For more information about events in Boston and the Springfield area, visit www.masscommuterchallenge.org or www.massbike.org.
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Consumer Safety Alert: 1.8 Million Plastic Toys Recalled from Family Dollar Stores
The U.S. Consumer Product Safety Commission (CPSC) has announced the voluntary recall of 1.8 million toy dart gun sets sold at Family Dollar Stores after they were involved in the asphyxiation deaths of two young boys.
The CPSC issued the recall in cooperation with the Charlotte, North Carolina discount store. The importer, Henry Gordy International, Inc., of Plainfield, N.J. refused to recall the soft, plastic toy, which poses a risk if a child places it in his mouth. The defective toy can be inhaled into the throat and prevent a child from breathing. The toy was sold exclusively through Family Dollar Stores from September 2005 through January 2009 for about $1.50.
“Parents should take these toys out of their child’s hands immediately,” said Massachusetts personal injury attorney David W. White of Breakstone, White & Gluck in Boston. “Given the size of this recall, you really want to take a minute to look through your toy bin if you do any shopping at the Family Dollar Stores.”
A 9-year-old boy in Chicago, Illinois and a 10-year-old boy in Milwaukee, Wisconsin suffered asphyxiation deaths while playing with the toy, which was manufactured in China. No Massachusetts consumer safety problems have been announced.
Consumers should discard the toys or return them to a Family Dollar store for a full refund. For additional information, contact Family Dollar at (800) 547-0359 between 8 a.m. and 5 p.m. ET Monday through Friday, or visit the firm’s website at www.familydollar.com.
For more information, read the U.S. Consumer Product Safety Commission’s recall. announcement.