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IL defective product lawyerCompanies design products not only for profit but for our benefit. However, sometimes these products fail and cause harm or death to consumers. A product can harm a person because of a manufacturing defect, a poor design, or from an inadequate warning. A defective product may not necessarily cause serious harm or death, but when consumers suffer it is the responsibility of companies to be held liable after the fact.

The important part about a product liability case is proving that something was wrong with the product and that an injury occurred. How a product is used when the injury occurred is also important. For example, if a consumer was tampering with the electronics of a product, they would not likely have a liability claim of they were electrocuted and hospitalized. Getting compensation after a faulty product affects a person's life can cover medical expenses and time away from work. If someone dies from a fault product then their family may be eligible for compensation instead. The following are deaths caused by negligent defects.

Cars are one of the most dangerous things an average person operates. When they are manufactured or designed poorly, the consequences can be worse than a car accident. From Fiat Chrysler, 1.5 million vehicles were put on the road that had a dangerous design regarding the fuel tank. Months after the recall began, a 17-year-old boy died in a car fire caused by a manufacturing defect. In Grand Cherokee and Jeep Liberty SUVs, the fuel tank was located behind the axel. Seventy-five people have died due to fires caused by the tank being ruptured, and leaking fuel upon impact.

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Multiple Foods Recalled for Possible Salmonella Contamination

Kane County food poisoning injury attorneyA public health alert has been issued by the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) for products containing whey powder that might be contaminated with salmonella. The whey powder, which is a FDA-regulated product, has been recalled by the manufacturer, Associated Milk Producers, Inc. So far, four different food products have been recalled due to the salmonella concerns, and illnesses caused by these contaminated foods could bring about product liability lawsuits.

Whey Powder Usage

It is not uncommon for foods to contain whey powder. Whey is a milk by-product that is often used in powder form for its convenience. Whey powder is typically used to modify texture, thicken foods, and enhance the solubility and transportability of foods. Often, it is used in foods that have relatively long shelf lives, though that is one of the reasons the salmonella contamination is occurring in dry foods--salmonella has the ability to survive in dry environments. 

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4 Recent Changes to Safety Standards for Infant Products

Kane County product liability lawyerIt seems as if every day we are hearing about another product that has been recalled due to the safety of the product and the person using it. When it comes to products manufactured for children, safety regulations are a bit more extensive, because babies and children cannot decide for themselves what products they use. According to Kids in Danger, a children’s safety organization, there were 93 children’s product recalls in 2017, a 22 percent increase from 2016. Though parents want the best and safest products for their children, they are often unaware of the dangers certain defective products can pose.

The U.S. Consumer Product Safety Commission is the governing body that oversees product safety and recalls. Safety standards are measures created and put in place to ensure that products are safe and pose no hazards to consumers when used properly. Recently, new changes to safety standards were approved for four types of infant products:

1. Infant Sling Carriers

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FDA Warns Public of Dangers of Over-the-Counter Benzocaine Products

Aurora product liability lawyer injury to childrenThe Food and Drug Administration (FDA) published a warning on May 23 that over-the-counter teething products containing benzocaine can cause harmful and potentially deadly side effects when used on children, especially those under two years of age. Benzocaine can be found in products such as Baby Orajel, which is commonly used on infants to soothe the pain of teething. If your child has been injured after using one of these types of products, it is important to understand your options for pursuing compensation through a product liability lawsuit.

Benzocaine Can Be Deadly to Children

The statement that the FDA published said that the use of benzocaine in products used on infants poses a serious risk to their health. Benzocaine can cause methemoglobinemia, a condition that causes dangerously low oxygen levels in the bloodstream. Symptoms of methemoglobinemia usually appear anywhere between 20 and 60 minutes after being given benzocaine and can include:

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Pursuing a Personal Injury Claim for Food Poisoning

Aurora personal injury lawyer food poisoningWhen you purchase food from a grocery store or order a meal at a restaurant, you expect the food to be safe for you to eat. However, there are many cases in which contaminated food is sold or served to consumers, and food poisoning can result in a wide variety of harmful conditions. In fact, the Centers for Disease Control (CDC) has estimated that 48 million people become ill from foodborne diseases every year in the United States, and these illnesses result in 128,000 hospitalizations and 3,000 deaths. If you have been injured because of food poisoning, you may be able to seek compensation for your damages through a personal injury or product liability lawsuit.

Types of Food Poisoning

There are a wide variety of illnesses that can result from food poisoning, and some of the most common include:

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What Is Strict Product Liability?

Aurora strict product liability attorneyWhen we use consumer products, we expect them to be reasonably safe. However, products often make their way through the design and manufacturing process and become available for sale even though they have some sort of defect that causes danger to people who use them. When somebody is injured by a defective product, it is important to understand the options for pursuing compensation from the parties who were liable for their injuries.

Types of Product Defects

Defective products typically fall into one of three categories:

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Kane County defective medical products lawyerWhen you are injured, ill, or otherwise in need of medical care, you expect that the equipment used to treat you will be reasonably safe. Unfortunately, this is not always the case. In fact, the number of defective medical device recalls have risen sharply over the last several years. Even more concerning is the risk that those defective devices pose to the general public: an under-discussed, often unpredictable risk of serious injury and/or wrongful death.

A Concerning Increase in Defective Medical Device Recalls

In 2006, the medical device manufacturing industry paid for a study that concluded how serious device-related safety problems are “extremely rare.” Of course, as with most funded studies, the results were thought by many to be flawed. Reports from the Food and Drug Administration (FDA) shows just how severely. Each year, the FDA receives more than 200,000 reports of defective medical devices. Even more concerning is that things are only getting worse. An FDA analysis found that, from 2007 to 2011, the recalls of moderate- to high-risk devices more than doubled.

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Aurora personal injury attorneyEach year, pharmaceutical companies come up with a number of new ideas for drugs, or combinations of drugs that are intended to treat, cure, or manage certain conditions. Only a relative handful, however, ever receive full approval for use by the U.S. Food and Drug Administration. When a drug reaches the market, many patients automatically assume that the drug is completely safe; Otherwise the FDA would not have approved it. The reality is that all pharmaceuticals and drugs are known to have some possible dangers and side effects, and it is up to each manufacturer to be sure that doctors and patients know all of the risks involved.

The Dangers of Depakote

Early last month, a federal jury in East St. Louis, Illinois ruled that AbbVie, the makers of Depakote, must pay $15 million in damages to a 10-year-old California boy. The boy was born with a spina bifida after her mother chose to take the drug to help in her battle against mental illness. Depakote is intended to treat the manic phase of bipolar disorder, as well seizure disorders like epilepsy. The boy’s mother claimed that she was never made aware of the birth-defect risks associated with Depakote, mostly because officials at the manufacturer downplayed the dangers. According to the boy’s lawyer, the drugmaker knew that Depakote is “one of the most toxic drugs to a human baby.”

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Kane County product liability attorneyWhen a person is injured, ill, or otherwise in need of medical care, he or she expect thats the equipment used to treat them is reasonably safe. Unfortunately, this is not always the case. In fact, the number of defective medical device recalls have risen sharply over the last several years. Even more concerning is the risk that those defective devices pose to the general public: an undisclosed, often unpredictable risk of serious injury and/or wrongful death.

A Concerning Increase in Defective Medical Device Recalls

In 2006, the medical device manufacturing industry paid for a study which concluded that serious device-related safety problems are “extremely rare.” Of course, as with most self-funded studies, the findings may have been more than a little myopic. Reports from the Food and Drug Administration (FDA) shows just how flawed the study may have been. Each year, the FDA receives more than 200,000 reports of defective medical devices. Even more concerning is that things are only getting worse. An FDA analysis found that, from 2007 to 2011, the recalls of moderate- to high-risk devices more than doubled.

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Aurora product liability attorneyIn several recent posts on this blog, we discussed some of the dangers associated with cell phone use while driving. Texting, checking emails, and even just talking—hands-free or not—can lead to serious accidents and severe injuries. Sometimes, however, a cell phone can be the source of danger, even when it is nowhere near a moving car. Sometimes, the phone itself is defective and can cause damage and injuries to its user. It is exactly this type of situation that has led to a massive recall by one of the world’s leading cell phone manufacturers, the fallout of which has been felt around the globe.

Samsung Recalls More Than Two Million Phones

South Korean electronics giant Samsung announced last month that it was recalling some 2.5 million units of its high-end flagship smartphone, the Galaxy Note 7. The phone had only been on the market for less than a month when users first began reporting incidents of overheating. Some phones even caught fire and exploded. The problems were initially blamed on a particular type of battery being used in the production process, and replacement phones were given to affected customers. Then, the replacements allegedly started exploding and catching fire too.

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Kane County product liability lawyersNew medications and medical devices are constantly being introduced into the market. Laboratory tests and clinical trials often last for months, years, and even decades before the new products are deemed to be safe for human use. No matter how ‘safe’ a solution is said to be, however, there are always side effects that are possible. Every individual reacts to treatment differently, and it is the responsibility of the drug manufacturers to determine potential risks and disclose them to the public before use. Occasionally, problems will arise that were not foreseen during initial testing, and, unfortunately, the public is left with more suffering than positive results. Such seems to be the case for a product known as transvaginal mesh, leading the U.S. Food and Drug Administration (FDA) to label the product as a high-risk device

What Is Transvaginal Mesh?

Transvaginal mesh was created to treat women with pelvic organ prolapse (POP) and stress urinary incontinence (SUI), two side effects common with hysterectomies, menopause, and childbirth. Pelvic Organ Prolapse occurs when the pelvic floor is weakened and the organs (bladder, rectum, and uterus) drop down into the vagina. The device is typically made of a special plastic known as polypropylene. It is a surgical mesh that implanted either abdominally or transvaginally, the latter of which is often easier to implant. For prolapse, the mesh is implanted in order to reinforce the pelvic floor. For incontinence, the mesh is used as a bladder sling that cradles the bladder for added support.

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product liability; Aurora product liability attorneysAccording to public policy, consumers have the right to expect certain measures have been taken to ensure the products they purchase are safe for use. Those measures extend to the product’s design, manufacturing, labeling, and marketing. When companies fail to meet those minimum product safety requirements, they become liable for the injuries or deaths caused.

Recalled AquaRug Bath Mats 

According to The Washington Post, Tristar Products, Inc., is currently facing an injury lawsuit over the safety of their AquaRug bath mats. Recalled after 40 online customers filed complaints, the 1.4 million bathmats are said to have faulty suction cups that do not stay in place, which creates a fall risk for consumers. One such consumer reportedly fell while using the AquaRug bath mat.

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defective products, Aurora personal injury attorneysCar seats go through a number of safety tests to ensure they keep infants safe during an accident. Unfortunately, defective car seats still make their way onto store shelves and put children’s lives at risk. The latest recall includes approximately 71,000 Britax B-Safe 35 and B-Safe 35 Elite infant car seats and travel systems. The risk involves the potential cracking or breaking of the carrier handle, which can pose a fall or injury risk to infants.

Understanding the Risk

Most parents opt for infant carriers during the first few months to make carrying infants in and out of the car easier. Generally, it is the carrier’s handle that makes this ease of movement possible. Unfortunately, the Britax company has received 74 reports of fractured, cracked, or broken  handles – all of which occurred while the car seat was in use. In one, an infant allegedly suffered a bump to the head when the carrier fell to the ground.

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