Articles Posted in Product Liability

Baby-feeding-bottle-g6789f2148_1920-300x225The product liability attorneys at The Collins Law Firm are investigating claims from the parents of premature infants who were fed Similac or Enfamil baby formula while in the hospital and then developed necrotizing enterocolitis (NEC).

What is NEC?

Necrotizing enterocolitis (NEC) is a serious intestinal illness–typically affecting premature infants—that can cause permanent damage to a baby’s gastrointestinal system. The word “Necrotizing” refers to cell damage and death. “Entero” means the intestine, and “Colitis” means inflammation of the colon. NEC typically happens after the first 2 weeks of life in premature babies who are fed cow’s milk-based formula instead of breast milk. NEC develops when the tissue in the large intestine becomes inflamed due to a bacterial infection. The infection and inflammation cause sections of the intestine to become necrotic and die. When this happens, it can create a perforation (or hole) in the intestine which allows bacteria to escape into the abdomen and pass into the bloodstream. Unfortunately, NEC usually strikes suddenly and can progress rapidly. If not treated immediately, it may put a baby’s life in danger.

French-fries-300x200On April 21st, 2022, Best Buy issued a recall of nearly 775,000 Insignia air fryers and air fryer ovens due to multiple consumer reports of the devices catching fire, burning, or melting. The fryers, which have the brand name Insignia on the top or front of the appliance, were sold in the U.S. and Canada between November 2018 and February 2022.

These air fryers pose a potential risk to consumers and may cause severe injury if something goes wrong. If you are currently using an Insignia air fryer, you should stop using it immediately and register here (or call Best Buy at 800-566-7498) to return the appliance and receive a Best Buy credit.

The devices that are being recalled are:

Pantene-300x225Procter & Gamble has issued a voluntary product recall of more than 30 aerosol spray dry shampoos and dry conditioners, warning that the products could contain benzene, a cancer-causing chemical linked to leukemia.

Benzene has been classified as a “known human carcinogen” by the EPA and the International Agency for Research on Cancer based on sufficient evidence that it causes leukemia. It has also been linked to non-Hodgkin’s lymphoma and multiple myeloma.

The recall includes aerosol spray products from Pantene, Herbal Essences, Aussie, and Waterless, in addition to several discontinued aerosol dry shampoo products from Old Spice and Hair Food. The products are being recalled by Procter &Gamble after benzene was detected in some products.

Better-Homes-and-gardens-recall-300x201On October 22nd, 2021, Walmart issued a recall of approximately 3,900 bottles of their Better Homes and Gardens-branded Essential Oil Infused Aromatherapy Room Spray with Gemstones due to the presence of a potentially deadly bacteria in the product. The CDC tested the room spray and determined that it contained the extremely rare and dangerous bacteria Burkholderia pseudomallei which causes melioidosis, a condition that is difficult to diagnose and can be fatal. So far, there have been four confirmed cases of melioidosis and two deaths, including that of a child. The cases have been reported in Georgia, Kansas, Minnesota, and Texas. The recall includes 6 different scents:

  • 84140411420 Better Homes and Gardens (BHG) Gem Room Spray Lavender & Chamomile
  • 84140411421 Better Homes and Gardens (BHG) Gem Room Spray Lemon and Mandarin

Instagram-300x246In explosive and damaging testimony, whistleblower Frances Haugen told Congress that internal research proves that Facebook and Instagram knowingly showed teens and young women content that caused them to develop eating disorders, depression, and suicidal thoughts.

Sit down and let that sink in.

Facebook and Instagram (which is owned by Facebook) allegedly knew from their own research that their content was potentially causing irreparable damage to young women and teen girls but continued to push that content for profit. “Facebook knows that they are leading young users to anorexia content,” said Ms. Haugen, adding that, “I am here today because I believe Facebook’s products harm children.”

baby-g98cb63cde_1920-300x195On September 23rd, 2021, the Boppy Company issued a voluntary recall of 3.3 million baby loungers after eight infants suffocated while sleeping on the pillow between 2015 and 2020. The three baby loungers being recalled are:

  • Boppy Original Newborn Loungers
  • Boppy Preferred Newborn Loungers

breast-implants-300x199After Allergan’s textured breast implants were linked to breast implant-associated anaplastic large cell lymphoma (BIA-ALCL), the FDA asked Allergan to voluntarily recall the implants in July 2019. BIA-ALCL is a rare form of Non-Hodgkin’s lymphoma that appears almost exclusively in women who have textured breast implants, Allergan’s Biocell implants in particular.

BIA-ALCL is typically found in the scar tissue and fluid surrounding the implants, and if left untreated, can spread to other parts of the body. The symptoms of the cancer include pain or swelling near the implant, a lump in the breast, or a hardening of the breast. So far, 481 women with Allergan textured breast implants have been diagnosed with BIA-ALCL, and 33 have died.

Since the recall, women have been consulting with their doctors about the best course forward for them, including discussing whether removing the implants and replacing them with a safer type of breast implant is the best option. Many women, with the advice of their doctor, have decided to go this route.

Treadmill-300x179Peloton is recalling its Tread+ and Tread treadmills, less than a month after fighting with the U.S. Consumer Product Safety Commission (CPSC) over the agency’s “urgent warning” about the potential dangers of the treadmills and request for a recall of the machines.  The warning urged consumers to stop using the treadmills after they were linked to the death of one child and the injuries of 29 others.

On Wednesday, the company said that it will offer full refunds for the treadmills, which cost $4,295, and will stop selling them. The recall comes with an apology from Peloton CEO, John Foley, who said that the company “made a mistake” in fighting the commission’s request for a recall.

The commission issued the warning and recall request because it had received 72 reports of children, pets, and other objects being pulled under the treadmill. Twenty-nine of those reports involved children who were injured by the treadmill, including children with broken bones, brain injuries, and cuts. One six-year-old child died from his injuries. The potential dangers of the exercise machines were highlighted in a video showing a child being pulled under a Pelton treadmill which was posted to YouTube.

Treadmill-300x179On April 17, 2021, the Consumer Product Safety Commission (CPSC) issued a warning advising consumers to stop using Peloton treadmills,  after the Peloton Tread+ allegedly left one child dead. The commission is additionally concerned because of multiple reports of victims, mostly children, being pulled under the machine and suffering serious injuries as a result.

According to an official at the CPSC, this is not an accident that happens with other treadmills. The agency is asking Peloton to recall the treadmill while CPSC continues its investigation into the death of the child.

Peloton is fighting the recall and the investigation, claiming the CPSC warning is “inaccurate and misleading”. They insist their treadmills are safe for use as long as the warnings and safety instructions are followed. They do admit, however, that it’s important for consumers to keep children, pets, and other objects clear of the treadmill at all times. This, as any parent knows, is impossible unless you keep your treadmill in a locked room, as the CPSC is recommending. Moreover, parental supervision may not even prevent an accident. In one incident a child was allegedly pulled under the treadmill while the parent was running on it.

toddler-with-toys-2-300x200Keeping children safe and protected from hazards is a top priority for parents. Unfortunately, many toys on the market pose a danger to children. As a result, every three minutes in the U.S., a child is brought to an emergency room with a toy-related injury. Regardless of the severity of the risk they pose–from minor to serious injury or even death–it is unacceptable that dangerous toys are being sold and marketed to children. Playtime should be a safe time for all children. Luckily, there is a non-profit that is solely focused on keeping children safe and educating the public about toy safety. W.A.T.C.H., World Against Toys Causing Harm Inc., releases a yearly list of the most dangerous toys. The toys included on the list this year may pose a choking hazard or cause lacerations, impact injuries, eye injuries, or other injuries, so it is best to avoid them. Below you will find the ten toys that made the list and why W.A.T.C.H. considers them unsafe:

  1. Calico Critters Nursery Friends from Epoch Co. This toy poses a choking hazard due to its small parts.
  2. Missile Launcher from Toysmith. This toy can cause eye and facial injuries.
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