California Model Files Product Liability Lawsuit Against Tampon Maker

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Lauren Wasser, a 27-year-old model from California, who had to have her leg amputated after developing toxic shock syndrome from tampon use, has filed a lawsuit against manufacturer Kotex.

According to a report in the Daily Mail, Wasser’s lawsuit alleges that the woman was 24 when she suffered toxic shock syndrome, a rare complication of bacterial infections frequently involving staph bacteria that affects one in 100,000.

Wasser suffered a massive heart attack and was told that she was 10 minutes away from death. Her infection had turned into gangrene as a result of which she had to have her right leg amputated below her knee.

Her lawsuit alleges that the Kimberly-Clark Corporation is responsible for her hospitalization and catastrophic injury.

She is also hoping that learning about her horrifying ordeal with make other women become better informed about their risks.

The Danger of TSS

Wasser says the disclaimer on the tampon box was not clear enough. The warning on Kotex’s box reads that women using the product should change the tampon every four to eight hours including overnight.

The lawsuit argues the label is confusing because it can mean longer than eight hours especially when it comes to young women who sleep in on weekends.

TSS has been linked to the use of superabsorbent tampons ever since Proctor & Gamble’s Rely brand resulted in a number of deaths during the 1980s.

According to a study conducted by the Yale Journal of Biology and Medicine, the material used to make Rely tampons acted like “agar in a petri dish” providing a viscous medium on which bacteria could grow.

Creating More Awareness

In addition to holding the manufacturer accountable, Lauren Wasser and her family want to create awareness about the use of synthetic materials in the tampon industry and to make women aware about the dangers of TSS.

Over the last half a century, tampons have gone from using cotton to synthetic ingredients such as plastic and rayon, which expert say, could provide an ideal environment for dangerous staph bacteria to grow.

The U.S. Food and Drug Administration (FDA) requires all tampon manufacturers to provide packaging information on all tampons sold in the United States describing the symptoms of TSS and how to reduce that risk.

Wasser is proof, however, that those warning are unclear and not sufficient to inform women about how to use these products carefully.

If you or a loved one has suffered from TSS due to tampon use, please contact an experienced product defect lawyer to obtain more information about your legal rights and options.

Guardrail Manufacturer Stops Sales Amid Serious Safety Concerns

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Trinity Industries is stopping sales of its controversial ET-Plus guardrail system, a device that has been blamed by accident victims for dozens of injuries and deaths.

According to an ABC news report, the move came last week in response to a request by the Federal Highway Administration (FHWA) to conduct crash tests on the device or face suspension of its eligibility for sale.

Earlier this week, Trinity lost a civil trial in Texas where jurors found that the company had defrauded the government by misrepresenting changes made to the guardrail over 10 years ago.

Company officials say they are stopping shipping the products until additional tests are conducted, in light of the FHWA’s request. The company has also said it will work closely with the FHWA on more crash testing and will not ship any more units until such testing is completed.

Catastrophic Injuries and Fatalities

This announcement came at a time when more states suspended the installation of the guardrails. At the center of the Texas case were changes made by Trinity in 2005 to the design of the guardrail end terminals used alongside many roadways across the country. The company allegedly failed to disclose all the modifications to the federal government or any state transportation departments as required under the law.

The modified guardrail, ET-Plus, was the subject of a “20/20” investigation in September that examined reports from crash victims that the modified guardrail can malfunction when struck from the front. Instead of absorbing the impact of the collision, the guardrails “locked up” and speared straight through the cars in some cases impaling motorists of severing their limbs.

Putting Profits Before People

Trinity’s competitor uncovered damning documents showing that Trinity made the modifications to its guardrail end terminal to save money. Trinity should step up to the plate and issue its dangerous guardrails. It’s the right thing to do. Guardrails are in place on our highways and freeways to protect motorists. However, these guardrails seriously injure or kill motorists, defeating the purpose of a guardrail.

If you or a loved one has been injured as a result of these defective guardrails, please contact an experienced product liability lawyer who can help protect your rights and hold that at-fault manufacturer liable. Injured victims or families of deceased victims in such cases can seek monetary compensation for their significant losses.

Federal Lawsuit Filed Over Defective And Deadly Guardrails

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Two product safety organizations are fighting to get court documents unsealed in what could turn out to be a billion-dollar whistleblower case involving defective guardrails that line highways across the United States.

According to a 10news report, at the center of this issue is Trinity Industries, the manufacturer of ET-Plus model guardrails. The whistleblower is Josh Harman, a former business owner who filed a federal lawsuit on behalf of the American people claiming that the guardrails are dangerous and deadly.

He alleges in the lawsuit that the guardrails were never properly tested or even approved by the government.

This case took an interesting turn a few weeks ago when the judge declared a mistrial raising the question of whether Trinity’s president tried to intimidate a witness, tampered with a witness or committed perjury.

However, some of the records pertaining to those issues were sealed making it impossible for the public to learn the truth.

Serious Injuries and Fatalities

The guardrails in question, which are used in all 50 states, according to the lawsuit, pose a serious danger to the public. There are many reports of impalement and other gruesome injuries caused by these faulty guardrails.

Trinity has defended the products by arguing that some of the accident photos involving the guardrails “do not accurately represent” how the products performed.

10news found 14 examples of ET-Plus guardrails on the county’s highways including many on Interstate 5 and State Highway 78. Trinity Industries has issued a statement that the only way to understand how the guardrails performed in a crash is to know all the variables including the vehicle’s weight, angle of impact.

A new trial is expected to commence in the fall.

Product Liability Issues

What victims who have been affected in these and other cases involving defective products need is a resourceful product liability law firm that can independently do crash testing and product testing to determine if the product in question is defective. Our legal practice has performed a number of crash tests in cases that involved catastrophic injuries.

Our law firm also does not charge any fees for upfront costs from clients until they have recovered compensation for their losses. We offer this “no-win-no-fee” guarantee to all our clients.

We do this because we believe in obtaining justice and fair compensation for our seriously injured clients, who have already lost so much.

Our goal in every product liability case is to ensure that the negligent product manufacturer is held accountable for putting a dangerous and defective product in the market.

Safety Regulators Say Nap Nanny Could be Lethal for Babies

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Government safety regulators are reaching out to parents and caregivers to alert them about the Nap Nanny a product that was recalled and discontinued after more than 92 incidents and at least five deaths.

According to a news report in The Daily Record, an 8-month-old baby in Hopatcong, New Jersey, died as recently as March 16 as a result of this defective product.

The baby had been put to bed on the Nap Nanny in a crib. When the parents checked on the child More

Toys Recalled Due to Potential Choking Hazards

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Cleveland-based Dunecraft Inc. is issuing a defective product recall for a series of marble-sized toys including Water Balz, Skulls, Orbs and Flower toys, that expand when place in water. The recall involves about 95,100 Dunecraft products sold in U.S. and Canada at retailers such as Bed, Bath & Beyond. According to a Consumer Reports article, the toys can be swallowed and cause a life-threatening condition. Officials also say that the ingested toys are not visible on hospital x-rays and must be surgically removed from the boy. The U.S. Consumer Product Safety Commission (CPSC) issued a statement that an 8-month-old Texas girl ingested a Water Balz toy and needed surgery to get it removed in August 2011.

Injuries and Fatalities Relating to Toys

According to a CPSC report, in 2010, the agency received reports of 17 deaths and 251,000 injuries that were linked to toys. The report states that balloons and small balls were associated with 47 percent of the reported deaths in 2010. A majority of the deaths (11) were from choking while drowning caused four deaths.

Taking the Necessary Precautions

These are defective toys that should not be in the market in the first place. However, during this holiday season, store shelves are flooded with dangerous and defective children’s products that can put our little ones in harm’s way. The best way to protect our children is to be aware of the hazardous products out there so we do not bring them into our homes in the first place. Safety experts warn that when it comes to choosing toys, safety comes first. They say if it fits through a toilet paper tube, it’s a choking hazard and a young child should not have access to it.

Product Liability Issues

If a dangerous or defective toy has injured you or a loved one, it is important to understand that you have legal rights. Injured victims can seek compensation for damages by filing a product liability claim against the toy manufacturer. In such cases, victims can seek compensation for damages including medical expenses, hospitalization, treatment costs, pain and suffering, and emotional distress. In the case of a fatal injury, family members may file a wrongful death lawsuit seeking damages. Victims or their families would also be well advised to contact an experienced personal injury lawyer who will be able to advise them about their legal rights and options.

Toyota Set to Recall 150,000 Pickups

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Toyota has announced that it will recall 150,000 Tacoma pickups built between 2001 and 2004 due to a rust issue that could cause the spare tire to fall from its position beneath the vehicle, according to the National Highway Traffic Safety Administration.

Toyota has been risking several vehicle recall lawsuits of late after it was forced to recall several of its vehicles for sticky accelerators and other problems. This new recall is the latest in a series of problems for the automaker, and an NHTSA investigation has been opened into the company’s handling of its recall notices and procedures.

What Is A Manufacturer Recall?

Manufacturers are required by law to ensure that their products are safe for those who use them. When a manufacturer fails to meet this standard of quality and safety, lawsuits can be filed against the company for product liability.

In order to stem a flood of lawsuits when a product is known to be defective or dangerous, manufacturers will often issue a recall notice in cooperation with the governing body that manages the type of product in question.

For vehicles, the National Highway Traffic Safety Administration, a division of the federal Department of Transportation, is the primary governing body that oversees automobile and truck safety.

A recall occurs when a company admits that a product is defective and offers remedies to those who have purchased the product. In the case of a vehicle recall, this often means free repairs or replacement of defective parts.

In some cases, however, the manufacturer is forced to buy back the vehicle due to insoluble problems related to the structure or operation of the automobile or truck. Toyota faced this problem a few years ago when it was found that the carriage of some Tacoma pickups and other models had rusted so badly that the trucks were unable to be repaired.

Anyone who owns a Toyota Tacoma manufactured between the years of 2001 and 2004 is eligible to take advantage of the recall. The company is offering to rebuild the rusted wheel housing so that a spare will fit on the truck and remain in place.

What Does This Recall Mean for Consumers?

The recall in question concerns rusting in a wheel well that holds the spare tire beneath the truck. The rust-proof coating applied to these vehicles was apparently insufficient to prevent a serious rust problem that resulted in the spare tire being in danger of detaching from the vehicle. If this happened during vehicle operation, it is quite likely that injury or even death could result from an accident caused by the flying or bouncing tire.

Whether a company issues a recall or not, if a victim is injured by a defective vehicle, that victim may be entitled to compensation from the company. Recalls are designed to prevent future accidents, but they do not release the company from liability associated with the defective design or function of a vehicle. Victims should contact a personal injury attorney for more information.

Toyota Recalls 2.8 Million Defective Vehicles

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Toyota is issuing a vehicle defect recall for 2.8 million cars including its high-profile Prius hybrid models. According to an NBC News report, the most recent recall is the result of a water pump problem and a steering shaft defect. These defects can result in steering problems on a variety of Toyota models using the components. The steering shaft defect is involved in the recall of vehicles including the Corolla and Prius models. About 620,000 of those vehicles may also be equipped with the defective water pump.

Vehicles that may need both parts repaired were sold between 2001 and 2010 in Japan and from 2003 to 2011 in the United States. Another 10,000 Toyota vehicles are being recalled solely due to the faulty water pump. This recall is being viewed as a significant setback for Toyota, according to the news article. One month ago, the Japanese automaker announced its biggest recall ever for a single part – 7.4 million vehicles over a faulty power window switch that could pose a fire hazard.


Britax Child Safety Seats Recalled for Potential Choking Danger

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Car seat manufacturer Britax has issued a defective product recall for children’s safety seats and boosters due to a potential choking hazard. According to a news report in The Wall Street Journal, the chest pads in these safety seats are made of a softer material that could come apart if the child bites or chews on it. If that happens the pieces could become a choking hazard. The recall involved 55,455 restraints.

Once the recall begins, Britax will provide replacement pads made of firmer material, with instructions on how to install them. Those who own these seats are asked to remove the current pads and continue to use the seat until the replacements arrive. Anyone with questions is encouraged to call Britax at 1-888-427-4829.


Federal Officials Investigating Ford Taurus and Mercury Sable Cars for Sudden Acceleration

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The National Highway Traffic Safety Administration (NHTSA) is launching an investigation into 310,000 older model Ford Taurus and Mercury Sable vehicles after reports of unintended sudden acceleration. According to an article in the Detroit News, the federal auto safety agency is conducting a preliminary investigation on 2000 and 2003 Taurus and Sable models and has so far received 50 complaints regarding incidents involving stuck throttles. The defect is apparently due to the failure of a plastic bracket that holds the speed control cable in place. The vehicles that are a part of this probe are equipped with 3.0L V6 Duratec engines.

The fractured bracket in these vehicles allows the cable to move, which may cause the throttle to stick. A number of these failures occur in vehicles that have more than 100,000 miles on the odometer. So far, no car accidents or injuries have been linked to this potential vehicle defect.


Nissan Recalls Altima Vehicles for Incorrectly Torqued Bolts

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Nissan has issued a vehicle defect recall for about 13,919 of its 2012-2013 Altima sedans because they may have been equipped with incorrectly torqued transverse link bolts and power steering rack bolts. According to an article in Consumer Reports, the bolts could become loose and fall out leading to loss of vehicle control and increasing the risk of a car crash. This recall involves Nissan Altima vehicles made between May 10 and July 26, 2012. When the recall begins at the end of the month, Nissan will notify owners and dealers will tighten the bolts to the proper torque specifications at no charge to car owners.


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