Articles Posted in Recalls

Playtex Recalls 1.25 million pacifier holder clips

Playtex has announced the recall of their pacifier holder clips, affecting approximately 1.25 million clips. This post talks about this defective product and how the tort system does little to keep consumers safe with these kinds of products.

The Playtex plastic pacifier holder clip, used to attach a pacifier to items such as clothing, a diaper bag, or stroller, can crack allowing small parts to break off and pose a possible choking hazard. Playtex has received 99 reports of broken clips, thankfully with no injuries.

The pacifier holder clips feature a Playtex copyright logo that slides up and down to adjust the clip, as well as a ribbon and clear plastic ring that stretches to fit the pacifier. The clips were sold in green with a monkey figure, pink with a flower, and blue with a truck, and were sold at online and Walmart and Target, as well as other major retailers and baby stores from July 2010 through October 2013.  Continue reading

The lawsuits involving Pradaxa have been proceeding along. We think these are high value cases that will ultimately settle for a lot of money. It is not surprising to see Xarelto, Pradaxa’s little brother, also in the sites of injury and wrongful death lawsuits.

Xarelto Problems Increase

Xarelto, a relatively new anticoagulant in the same class of medications as Pradaxa, has been climbing the charts when it comes to adverse reports and even deaths. With a reported increase of 240% in the use of Xarelto after just a year and a half on the market, the problems associated with the increased numbers seem to be comparable.  With 968 adverse events having already been reported in 2013, which includes 72 deaths, the numbers are way up from the 750 adverse events reported in all of 2012, which included 58 deaths.

Plaintiffs’ attorneys had known for some time that there were problems with DePuy’s ASR hip replacement because we generally pay attention to adverse reports and we hear from potential plaintiffs long before we even know there will be grounds for a suit in the first place.

But what put the whole thing into overdrive was the recall itself after J&J, who really owns DePuy, looked at the whole thing and said, we need to get out now while we can because (1) people are getting hurt (which I do think they care about to varying degrees), and (2) our legal liability is going to be through the roof if we don’t do something.   There are now nearly 7,800 suits and DePuy is going to be paying – I predict, anyway – a ton of money on these claims.  So they wanted to cut their losses.

With the first MDL trial around the corner, DePuy wants to keep the recall out of evidence.  Why?  Because it is pretty much game, set, match for the idea that the ASR metal-on-metal replacement was awful.

An initial conference for the parties involved in the multi-district litigation (MDL) of the dialysis injury lawsuits against Fresenius Medical Care has been scheduled for late next month. In April, the MDL panel that decides these things centralized all product liability complaints against Fresenius and the use of Granuflo or NaturaLyte dialysis treatments. Approximately 188 Fresenius Ganuflo lawsuits have been consolidated in Massachusetts before a judge who appointed a group of attorneys to serve leadership roles in the Fresenius Granuflo MDL. On August 30, 2013, the judge will meet with the lawyers involved to review any outstanding issues and pending motions. The purpose of the MDL is to avoid duplicative discovery given the number of cases, hoping to save money and providing the same justice to all parties. Ultimately, when the pre-suit discovery has been completed,  what will probably happen is a few of the cases will go to trial.  These bellwether help us all gauge the real settlement value of these claims.   If the cases don’t reach a resolution, they will get sent back to the courts around the country where they were originally filed. If settlement or other resolution is not reached following the MDL proceedings, each case may ultimately be remanded back to the U.S. District Court.

Fresenius Recall and the Suits That Followed…. and Will Follow 

Fresenius Medical Care, one of the largest providers of dialysis treatments in the United States, owns and operates thousands of clinics as well as manufactures many products used during dialysis treatment. In November 2011, Fresenius conducted an internal review of the use of Granuflo and NaturaLyte, products used during hemodialysis, not only in their clinics but in other dialysis centers across the country. During the internal review, Fresenius identified at least 941 instances in which patients suffered cardiac arrest during treatment in 2010. The company issued a warning memo to the doctors within their clinics but did not inform outside clinics that used their products. In March 2012, the memo was leaked to the FDA and pushed Fresenius to provide a warning to all health care providers. The FDA classified the issue as a NaturaLyte and Granuflo Recall. There are currently at least 188 complaints in the MDL, and that number is expected to increase to the thousands as product liability lawyers review Fresenius’s lawsuits. The cases involve similar allegations: sudden cardiac arrest, heart attack, or death after Granuflo or NaturaLyte dialysis treatments.  The plaintiffs’ attorneys have alleged that  Fresenius withheld information from consumers about the possible risk of problems during dialysis with their Granuflo and NaturaLyte products. According to the suits, both products contain sodium acetate that converts bicarbonate at levels that were just not safe.

Sears Dehumidifer Recall

Originally announced in August 2012, Sears is reannouncing the recall (I know, I know) of specific Kenmore Dehumidifiers due to the receipt of seven additional reports of shorting and fire associated with the previously recalled dehumidifies.

The recall affected approximately 795,000 Kenmore brand 35-, 50-, and 70-pint dehumidifiers made by LG and manufactured between 2003 and 2005.  The recalled units were sold exclusively at Sears and Kmart stores nationwide, as well as online through these stores.

For those of you jumping for joy, it’s not quite the recall some Plaintiffs’ attorneys are looking for. Intuitive Surgical has issued a recall for approximately 30 da Vinci surgery robots that may not have been properly tested before being distributed.

The recall was posted last week by the FDA when it was discovered that the factory testing may not have been in compliance with UL standards after one of the testing devices was found to be malfunctioning.

The recall has been categorized as a “class 2 recall” meaning that the use of the product only involves a remote possibility of serious adverse health consequences and that any problems encountered would likely be temporary or medically reversible. Too bad we can’t say that for all the da Vinci robotic concerns.

Ford Motor Company has announced a recall that will affect more than 13,100 vehicles. The recall affects the 2013 model Ford Explorer, Taurus and Lincoln MKS. It has been determined that the child safety locks on the rear doors could automatically turn off, allowing the doors to be opened from the inside.

The recall affects those vehicles that were built in the Chicago Assembly Plant between November 29, 2012 and December 12, 2012.

Ford will test and replace the affected safety locks, and most of the recalled vehicles are located in North America.

Bel Air Lighting has announced a recall of Portfolio and Transglobe nine-light chandeliers. It has been discovered that the mounting loop that holds the chandeliers to the ceilings can break, causing the chandelier to fall.  I think it is fair to say that the idea of a chandelier falling on your head is not a particular good one.

Approximately 20,500 chandeliers are affected by the recall. The recalled chandeliers have a two-tone antique bronze-colored metal frame with antique gold-accents and champagne frosted color glass shades. The six antique gold colored lamp holders at the bottom and three at top have a floral pattern that is repeated on components at the top and bottom of the center lamp stem. Antique bronze-colored ornamental scrolling connects all the elements.

Item numbers can be found inside the ceiling canopy of the chandelier. The Portfoli brand, sold exclusively at Lowe’s, are marked with item number 256047. The Transglobe chandeliers, sold at lighting stores nationwide, are marked as item number 2579 EBG.

The CPSC has announced the recall of almost 57,000 baby rattles.

“Buff Baby” baby rattles by Fred & Friends is a grey plastic rattle that is shaped like a dumbbell and has plastic pellets inside. There is a concern that the rattle’s end cap can separate, releasing small parts, posing a choking hazard. There have been two reports received of the rattle caps separating, though no injuries have occurred.

The rattle measures about 5.5-inches long and 2-inches wide, and “0.2” is embossed on both pentagon-shaped ends of the rattle.