Archive for the Defective Products Category
“Trying cases for injured victims is no easy piece of cake,” notes Herndon Virginia lawyer Doug Landau, shown here with legal assistant Dianna Meredith. With Class Actions, similar issues can be decided by one court efficiently, economically and fairly. Class Actions avoid unnecessary expensive piecemeal litigation.
If you have ever been part of a consumer class action suit and received some sort of settlement — maybe a check or a coupon for a free something — then you have experienced the little thrill that comes with knowing that sometimes the little guy does win! Could the days of consumer class actions be over?
In AT&T Mobility, L.L.C. v. Concepcion, L.L.C., the United States Supreme Court held that AT&T’s arbitration agreement disallowing class actions was enforceable. Although this particular case is not relevant to consumer products and civil litigation, there is concern that the ruling could have a ripple effect into the consumer marketplace.
What does this mean? In plain English, it means that a company can protect itself from class action suits by simply (more…)
Air bag propellents can cause burns to the face from the explosion that a car crash impact can trigger in the air bag safety apparatus
What happens if you are injured in a car accident in which your driver’s side door was smashed, but the side impact airbags did not deploy?
According to Herndon car accident lawyer Doug Landau, at certain speeds and angles, air bags will not deploy. “I myself was struck by a drunk driver who nearly totaled my Volvo! But because of the angle of this high-speed crash, my air bags did not explode,” recalls Doug. “Interestingly enough, sometimes the burns from the airbag propellant can be worse than (more…)
Tempted to try a dietary supplement because of a label promising staggering amounts of weight loss? Lured by a product that is said to be a cure for HIV or cancer? Impressed by scientific research to back up these claims? According to an article in the Washington Post consumers need to beware.
Weight loss supplements are big business. And the Federal Drug Administration (FDA) does not regulate these non-prescription diet, immune system boosting and energy promoting products. It is a 20 Billion Dollar industry selling products lacking scientific evidence to back up claims of good health and medical benefits.
Read more in an official concern issued by The Council for Responsible Nutrition (CRN) citing two reports released last week by the Department of Health and Human Services and the Office of Inspector General. The reports claim that supplement companies are guilty of misleading consumers by making false claims on in their labeling and by using non-scientific evidence to back up their products’ effectiveness and safety.
This is not a new problem. Herndon injury lawyer Doug Landau reported on this over a year ago, citing evidence as far back as 2007.
If you or someone you know has been mislead by faulty labeling and have been harmed by a diet or other non-prescription supplement e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.
As the result of contamination, four people are dead after getting steroid injections into their spinal cords. This outbreak of fungal meningitis has been linked to contaminated spinal steroid injections in 5 states; Virginia, Florida, Maryland, North Carolina and Tennessee. According to news sources, the infections were traced to steroid injections (methylprednisolone acetate) made by a single compounding pharmacy: The New England Compounding Center (NECC).
The clinics that gave the shots — a common treatment for inflammation-related back pain — have been calling patients to warn them they might be infected. How many patients are involved is not known. Patients getting the calls are being told to be on the lookout for the gradual onset of fungal meningitis symptoms:
- Headache, especially one that worsens
- Nausea, vomiting
- Sensitivity to light
- Stiff neck
- Slurred speech
- Unsteady gait
- Infrequent urination
- Changes in mental status and confusion
Only patients who got spinal injections of the tainted medication since July 1 are at risk. Those infected cannot spread the infection to others. Fortunately, the vast majority of patients who received the injections have shown no symptoms. If you or someone you know or care for has been harmed by tainted steroid injections and there are questions about what laws apply, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.
The United States Consumer Product Safety Commission (CPSC) was created in 1972 with the purpose of protecting those in the USA “against unreasonable risks of injuries associated with consumer products.” So it is sad to see Perfect Fitness try to hide a defective product for years from the CPSC, which could have created a more streamlined solution for customers.
In August Perfect Fitness was required to pay a civil penalty of $425,000. The fine comes from their product Perfect Pullup, where in June 2008 the company discovered there was a defect in the handles. In July 2008 they did issue a redesign to fix the problem but did not inform the CPSC. The company waited until December 2010 at which point it was too late to claim ignorance and the CPSC was forced to take action.
If you have a legal question please contact us at The Herndon Law Shop. If you don’t have a legal question and you want to ask a simple question or comment on something you seen from us check out our new Facebook page.
Bridgeway International has voluntarily recalled its product “NEXT”-branded men’s 26-inch hybrid bicycles, a hybrid bicycle. The recall is voluntary and will effect about 91,000 bicycles. If you own one of these bikes or think you do please STOP USE IMMEDIATELY to confirm and then contact the company for a free repair. The defect is in the chain of the bike and it could break without warning resulting in injury. There have been 11 incidents, 9 of which ended in injury. These bikes where sold from Walmart between February and July of this year.
If you have a legal question please contact us at Landau Law Shop. If you don’t have a legal question and you want to ask a simple question or comment on something you seen from us check out our new Facebook page.
Motor-cross is a muddy hobby with some really cool safety gear. Air-brushed helmets and matching styled boots and suit look great and keep you safe, but the less glamorous side is making sure your bike is running at peak performance. Besides going to the mechanic making sure to stay up to date on equipment news is just as important. Such as, on September 8th a voluntary recall was announced by KTM North America for some of its’ off-road sport bikes. Approximately 6,117 units are effected and if you suspect you are an owner of a defective unit discontinue use and check the US. Consumer Product Safety Commissions’ Report to verify. The defect is in the piece which secures the handlebars to the bike. Cracks can develop from regular use resulting in the handlebars slipping which can cause the rider to loose control.
For more information you can read this article by NPR. If you have any legal question concerning recalls or bike injuries please respond to this post or contact us at The Herndon Law Shop or (703) 796-9555.
Weehoo iGo Bicycle Pedal Trailers
On September 13 Weehoo announced a recall of one of its products, an attachable children’s seat for a bicycle called the “Weehoo iGo Bicycle Pedal Trailers”. Fortunately, there have been no major injures and any owner of the product can contact the manufacture (800-538-6950 or Weehoo’s Website)for the repair piece, but please discontinue use immediately. Also, report any injuries sustained if you have experienced a failure in the product as described in the recall report. This decision was voluntarily made by the company after it was discovered that one of the connecting pieces could crack and break from the bicycle which could result in harm to the child.
For more information regarding this recall please consult the following article. If you have any questions or concerns regarding injures of any kind and would like legal advice please don’t hesitate to contact us at The Herndon Law Shop or call at 703-796-9555
Reston Triathlon volunteer Doug Landau checking helmet safety before tomorrow's race at South Lakes High School
If you pick a fight with race directors or volunteers when they try to protect you from head trauma or brain injury.
“Not every Triathlon or multisport competition takes the time to inspect helmets, but when they do, it is for the athletes’ safety. When a triathlete, duathlete or bike racer competes with an unsafe, cracked, delaminating or outdated helmet, they are ‘Voluntarily assuming the risk of harm,’ adds All American Triathlete Landau, whose “Law Shop” regularly helps injured victims of other peoples’ unsafe conduct.
Under Virginia law, “Assumption of Risk” in and of itself may preclude any reimbursement for losses caused by (more…)
Having just settled a case for a grocery store worker who lost two fingers to a motorized cutting blade at work, Herndon injury lawyer Doug Landau has helped many workers injured due to the lack of protective guards on saws. The U.S. Consumer Product Safety Commission (“CPSC”) estimates there are an average of about 10 finger amputations a day, just from table saws used by consumers. “The safety of table saws needs to be improved in a way that prevents school children in shop class and woodworkers from suffering these life-altering injuries,” CPSC Chairman Inez Tenenbaum told USA TODAY.
The head of the Consumer Product Safety Commission will call in the power-tool industry and the safety standards group to find out why more hasn’t been done to address the problem. The CPSC estimates the cost to society of saw-related injuries is about $2 billion a year. (The industry has contested that figure in lawsuits.) The companies face hundreds of lawsuits over injuries and at least 50 legal claims that a product called SawStop could have prevented the injuries. Last March, a jury awarded $1.5 million to a man who injured his fingers on a saw after plaintiff lawyers argued SawStop would have saved his hand. If you or someone you care for has had fingers amputated or suffered injury as the result of a power saw accident, contact an experienced lawyer at once. There are strict legal time limits to these claims, and valuable rights may be lost if the claim and its investigation are delayed.