Products Liability

Maryland Student Faces Criminal Charges for “Party Drug” Distribution, Civil Claims May Follow

March 3, 2015 | Lebowitz & Mzhen

Earlier last month in Middleton, Connecticut, a Maryland student and two others at Wesleyan University were charged with the distribution of “Molly,” a popular party drug. According to one local Maryland news source, those who purchased and used the drugs became seriously ill. In fact, at the time of the article’s publication, two of the students who purchased pills from the defendant were still hospitalized.

Evidently, the bad drugs caused serious reactions in 11 students on Wesleyan’s campus. All of those injured by the dangerous drugs were attending a “rave” party where they took the drugs. One of the two who were most seriously injured was admitted to the hospital with no vital signs. He was only revived after emergency personnel arrived and performed six defibrillator shocks and numerous chest compressions.

The Maryland student, and his three counterparts, are all facing criminal charges for the distribution of the drugs. The police chief overseeing the investigation explained to reporters that “this particular batch may have had a mixture of several kinds of designer drug chemicals, making the health risks unpredictable and treatment to combat the effects complex and problematic.”

Sam’s Club Recalls “Simply Right” Baby Wipes

October 17, 2014 | Lebowitz & Mzhen

Sam’s Club, the big-box chain owned and operated by the same owners as Wal-Mart, recently recalled a popular brand of baby wipes, fearing that the wipes may actually spread bacteria. In a report by one Fox News affiliate, the brand of the wipes is “Simply Right.”

Evidently, Sam’s Club somehow obtained information that these baby wipes may contain a type of bacteria, B. cepacia. Anyone who purchased the wipes after June 30 may have contaminated product and should return the wipes to a Sam’s Club store as soon as possible for a full refund. Supposedly, Sam’s Club has emailed all purchasers and requested they stop using the wipes and return any remaining products.

The bacteria is not necessarily dangerous to a healthy adult. However, it may present a serious danger to those who have weakened immune systems, or also to children. Considering that the target audience of the product is parents of young children, the potential harm from the bacteria is significant.

Maryland Mother Sues Airport Baggage Belt Manufacturer After Losing Her Child

September 25, 2014 | Lebowitz & Mzhen

In a tragic accident that occurred in a Spanish airport in September of last year, a young mother lost her daughter in an accident involving an oversized baggage belt. According to a report by one news source, the family were on their way to a Mediterranean beach vacation, flying from London into Spain, when the accident occurred at the Alicante-Elche Airport.

Evidently, the mother was carrying her child in a car seat when she needed to free up a hand to pick up some other luggage. She set the car seat with her child in it on a stationary luggage belt used for oversize luggage. At the time, it was not on and was not moving. However, the weight from the car seat caused the belt to start up, tossing the young child from her car seat.

The baby was caught between two belts and eventually died from head injuries she sustained as a result.

Widow Sues Healthcare Company After Her Husband Dies Due to Malfunctioning Medical Equipment

July 17, 2014 | Lebowitz & Mzhen

Earlier this month in Louisiana, a woman filed a lawsuit against a local healthcare company alleging that the company provided her husband with faulty medical equipment leading to his death. According to a report by a local Louisiana news source, the woman’s husband was undergoing home dialysis for a kidney condition. Da Vita, Inc. was providing the equipment for the treatments.

One day, the man called Da Vita, explaining that he could not stop the machine’s cycler and the procedure lasted almost two hours longer than it should have. The company did not offer any assistance to the man.

The next day the man left for a fishing trip and collapsed within 15 minutes of leaving home. He eventually died. Doctors determined that the man had low levels of vital nutrients in his blood.

Report Links Energy Drinks to Dozens of Deaths

July 10, 2014 | Lebowitz & Mzhen

Energy drinks are a craze of the most recent generation. They advertise the ability to stay up later, work out longer, study harder, and maintain focus for prolonged periods of time. However, a recent study claims that several energy drinks still out on the market today have been linked to dozens of deaths.

According to a recent report, the FDA has endorsed a claim by the Center for Science in the Public Interest that linked energy drink consumption to 34 deaths in the United States. Of those deaths,

22 have been linked to 5-Hour Energy;
11 have been linked to Monster; and
1 has been linked to Rockstar.

Doctor Stacy Fisher, Director of complex heart diseases at the University of Maryland School of Medicine explained, “As I see in my medical practice, energy drinks are clearly causing symptomatic arrhythmias, . . . These new reports of deaths and other injuries raise the level of concern about the adverse effects of energy drinks.”

Nap Nanny Responsible for Another Infant Death

June 12, 2014 | Lebowitz & Mzhen

A few years back, a product that seemed like a godsend for parents with children who could not fall asleep in cribs was released to the market. It was called the “Nap Nanny,” and it was a kind of seat that an infant could sit in to help it fall asleep. It mimicked the cozy, cradling position of a mother’s arms. However, reports began to come in that the Nap Nanny was not as safe as originally thought. One by one, reports of infant deaths came in. Evidently, due to a design flaw, infants could fall off the side of the Nap Nanny and get stuck between the seat and the side of the crib.

According to the U.S. Consumer Product Safety Commission, the Nap Nanny is responsible for more than 90 incidents and five deaths. In 2012, the agency instituted a mandatory product recall, pulling the unit from all primary markets. However, the product has still been available at secondary markets, such as garage sales, online marketplaces, and thrift stores.

Yet Another Death Due to the Nap Nanny

According to an article by the Daily Record, just a few months ago in March, the Nap Nanny claimed its latest victim, an eight-month-old baby. The child’s parents set the baby down for bed and came back to check on him a few hours later. They found their child dead, stuck between the Nap Nanny and the side of the crib.

GM Recalls Allegedly Defective Cars, Faces Tough Questions of Liability

April 30, 2014 | Lebowitz & Mzhen

A defective ignition switch in cars manufactured by General Motors (GM) has been linked to at least thirteen deaths over the past decade, and the company has recalled millions of vehicles during the first few months of 2014. The CEO of GM has been called to testify before Congress, and various public figures have called for investigations and prosecutions. Several lawsuits have been filed, including an emergency motion seeking to speed up the recall process. Individuals who have already settled with GM are reportedly considering seeking to overturn their settlement agreements.

A component of the ignition switch in many GM cars is at the center of the problem. The defective part, called a switch indent plunger, keeps pressure of the ignition switch to keep it from turning off while the car is in motion. Shutting off the ignition disables anti-lock brakes, airbags, power steering, and all other electrical components, which can be disastrous while a car is in motion. The part was not able to apply enough torque to keep the ignition from turning off if the ignition key had too much weight on it, such as if the driver had numerous other keys on a keychain. Ignition shut-offs because of this defect have resulted in multiple crashes and at least thirteen fatalities.

GM began recalling Cobalts, Ions, and other small-model cars in February 2014. The company reportedly notified its dealers about the defect in 2005. The recall affects more than 2.5 million vehicles. The company maintains that recalled vehicles are safe if the driver removes everything else from the keyring with the ignition key, minimizing the pressure on the ignition switch.

Shoes at the Center of a Product Safety Recall and a Products Liability Lawsuit

April 9, 2014 | Lebowitz & Mzhen

The law of products liability enables consumers to recover damages if they suffer injury because of a design or manufacturing defect, a failure to provide adequate instructions for using a product, or a failure to warn of a known risk associated with a product. Agencies like the U.S. Consumer Product Safety Commission (CPSC) work to protect the public from dangerous or defective products by encouraging or ordering recalls before they cause excessive damage. Consumers also have the right to sue for damages on their own behalf. Two recent items in the news illustrate these two approaches, and both of them involve shoes.

The CPSC announced on February 20, 2014 that Eastman Footwear is recalling 12,200 units of Coleman Runestone Style children’s shoes sold at Big Five Sporting Goods stores during the calendar year 2013. The reason for the recall is described by the CPSC as a “laceration hazard” associated with metal rivets surrounding the shoestring holes. The CPSC received a single report “of an adult who scratched or cut his finger, but did not require further medical attention.

A nationwide recall might seem like overkill, based on the available facts, but it was undertaken voluntarily by the manufacturer. Sometimes caution, in this case a recall, is a better strategy than risking additional, possibly more-severe injuries. Now that the CPSC has announced the recall, consumers are advised to stop using the product, and resale of any units subject to the recall is illegal.

Department of Transportation Issues Emergency Orders on Railroad Safety After Multiple Accidents

March 4, 2014 | Lebowitz & Mzhen

The U.S. Department of Transportation (DOT) recently reached an agreement with railroad companies regarding safety measures for the transportation of crude oil by train, often known simply as “crude-by-rail.” Multiple recent rail accidents have led to concerns about the safety of crude oil obtained from areas of North Dakota, Montana, and Canada. The DOT issued emergency orders in early March 2014 requiring crude-by-rail shippers to test products and clearly label crude oil from the affected regions. Individuals and families living and working along rail lines face significant risks of injury from unsafe shipping practices, and the known hazards of this particular type of crude oil make enforcing safety regulations even more important.

The Bakken formation is a geologic region within the U.S. states of Montana and North Dakota and the Canadian provinces of Saskatchewan and Manitoba. It has been a major source of shale oil in recent years. While ordinary crude oil can be pumped out of the ground, shale oil is derived from certain types of rock and requires different processes, including hydraulic fracking. The federal government issued a warning about crude oil from the Bakken region in early January 2014, several days after a train transporting Bakken crude caught fire and derailed in North Dakota. Bakken crude oil is particularly volatile, subject to catching fire and exploding if not transported correctly.

At least three additional derailments involving crude oil from the Bakken area have occurred in the past year. A derailment in Alabama in November 2013 sent twenty cars off the rails, which burned for several days. In January 2014, a derailment in New Brunswick, Canada resulted in the evacuation of forty-five homes in the immediate area. Fortunately no injuries resulted in either incident. In July 2013, however, a derailment in Lac-Mégantic, Quebec burned through a large portion of the town and killed at least forty-two people, with another five missing and presumed deceased.

Lawsuit Against Pet Store Claims General Negligence After Boy Allegedly Dies from Rat Bite

February 27, 2014 | Lebowitz & Mzhen

The family of a child who died of an infection possibly contracted from a rat bite has filed a lawsuit against the pet store that sold them the rat. The medical examiner ruled the cause of death to be a bacterial infection sometimes known as “rat-bite fever.” The lawsuit alleges general negligence, claiming that the pet store, part of the national chain Petco, failed to warn of the dangers associated with owning a rat as a pet. The plaintiffs are seeking both compensatory and punitive damages.

The ten year-old boy, who lived in San Diego, California, reportedly purchased the rat from a Petco store with his grandmother on May 27, 2013. He began experiencing severe pain at around midnight on June 11, including a fever and stomach pain. Paramedics took him to the hospital, but he died about an hour later. After conducting an autopsy, the medical examiner determined that he died of streptobacillus monliformis infection, or rat-bite fever.

According to the Centers for Disease Control and Prevention (CDC), people can contract this infection from infected rodents via a bite or scratch, or by ingesting food or water contaminated with the bacteria. Common symptoms include fever, chills, and joint pain or stiffness. The infection can be serious and even fatal, with a mortality rate of ten percent, if left untreated. A significant risk of delayed diagnosis exists because the initial symptoms are often nonspecific and the bacterium itself is reportedly difficult to culture. As rats become more popular as pets, some clinicians have expressed concern about increased risk of exposure.