Pennsylvania Injury Lawyer Blog

Approximately 1.5 million Graco strollers, including specific model numbers of Passage, Alano and Spree Strollers and Travel Systems, have been recalled due to a significant fingertip amputation and laceration hazard. According to a fox43.com report, the Consumer Product Safety Commission (CPSC) announced the stroller recall on January 20, 2010 due to the risk posed to children when the canopy of the designated strollers are opened or closed. Consumers are advised to stop using the strollers and contact Exton, PA-based Graco Children’s Products Inc. for a free repair kit.

The strollers were recalled after Graco received reports of five children having their fingertips severed, leaving them disfigured, and two children receiving cuts on their fingertips. Apparently the risk of these injuries is presented when a child places their fingers in the stroller’s canopy hinge as the canopy is being opened or closed. The strollers were sold nationwide between October 2004 and December 2009 at multiple stores including Target, Wall-Mart, Babies R Us, Sears, Toys R Us, Burlington Coat Factory, and many others.

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Energy conservation is becoming more and more commonplace amongst not only private citizens, but businesses and other entities who are seeking to be more eco-friendly. However, not all ideas are as effective as they are in theory when put into action. According to an ajc.com article, energy-efficient traffic lights are doing more than just cutting down on energy usage. They’re also cutting down on how safe motorists are while traversing city streets equipped with the LED-powered lights.

Reportedly, the traffic lights outfitted with the energy-efficient light bulbs are not creating enough heat during their usage, which makes traveling in freezing temperatures rather difficult. The reason for this is that frost can now easily build up over the traffic light lens, making it impossible for a motorist to be completely sure as to which traffic law must be obeyed. The issue has already led to dozens of traffic accidents, one of which included a motorist fatality. While governing authorities cite monetary savings as a significant factor in installing the efficient bulbs, opponents of the move can cite several cases where individuals were involved in car accidents as a result of the low heat-producing light bulbs that contributed towards the obstruction of a traffic signal.

Municipalities have a responsibility to provide and maintain safe road conditions for city residents and visitors alike. In the event that a governing body fails to provide such conditions, then that government entity may be held liable for damages resulting from said instance of improperly maintained conditions. Ultimately, if a city fails to provide safe conditions and does not address and correct known problems in a timely manner, then the city is exercising negligent behavior that needs to be addressed in a court of law.

Continue reading "Energy Efficient Traffic Lights Prone to Frost Buildup, Pose Danger to Motorists" »

As consumers, we assume that the products we use are safe. This is never more applicable than in our consumption of food. According to a nj.com article, a long-awaited bill proposed by the Senate to overhaul the food safety system set forth by the Food and Drug Administration has been unanimously approved. However, it still needs to go for a floor vote, which is speculated to not take place until sometime in 2010. The bill will allow the FDA to recall tainted food rather than simply make a request to the manufacturer of the food to do so, and will also require food manufacturing plants, especially high-risk facilities, to be regularly inspected.

Currently, the FDA is responsible for safeguarding nearly 80% of the food supply in the U.S. However, safeguarding against food-borne illness does not always prevent the public from falling ill due to tainted food. Currently, it is estimated that nearly 76 million Americans are affected each year by food-borne pathogens. According to the Centers for Disease Control, 5,000 people die annually due to such illness.

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Unilever, the maker of the popular weight loss drink Slim-Fast, has recalled 10 million cans of its canned diet drinks because they may be tainted by bacterial contamination. According to a yahoo.com report, Unilever believes that the dietary aid may be tainted by Bacillus cereus, a bacteria that can cause nausea, vomiting, and diarrhea. The recall only affects ready-to-drink Slim-Fast products, and not the brand’s powdered shakes or snack bars.

The Food and Drug Administration (FDA) became aware of the problem and notified Unilever of the possible contamination on December 2, 2009. The FDA is currently investigating the matter, paying particular attention to a production facility in Covington, Tennessee. Customers who have in their possession such canned drinks should immediately discard those drinks and may contact Unilever at 1-800-896-9479 for a full refund.

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The H1N1 vaccine is doing more, and less, than it’s supposed to. According to reports from both ABC News and MSNBC.com, the swine flu vaccine is not always providing the necessary safeguard against the swine flu, and is even ladling some users with unwanted side effects in the form of allergic reactions.

An ABCNews.com report has revealed that a batch of the H1N1 vaccine has been recalled in Canada. Its maker, U.K.-based GlaxoSmithKline, has recalled the vaccine because it has caused at least six known cases of severe allergic reaction in its users. So far, 170,000 doses of the vaccine have been recalled in Canada. Although reports claim that this side effect is limited to the vaccine distributed in Canada, it has yet to be seen whether or not other users in different locations are also affected by this defect. A total of 7.5 million doses of the vaccine have been distributed in Canada thus far.

MSNBC.com reports a completely different issue, this time one that has affected children. According to the article, over 800,000 doses of the H1N1 vaccine have been recalled by Sanofi Pasteur, the vaccine’s division of France-based pharmaceutical company Sanofi-Aventis Group. It has been determined that these particular doses of the vaccine are ineffective in preventing the onset of swine flu, thus putting children inoculated with the vaccine at risk of contracting the illness. The doses in question have minimal to no potency, and were distributed amongst children.

Continue reading "H1N1 Vaccine Recall Reveals Vaccine Doesn't Always Deliver as Promised" »

In what many people are referring to as “long overdue”, the FDA has recently announced its new program called “The Safe Use Initiative” to help lower wide-ranging problems associated with drug dose errors. According to a latimes.com report, the problem of drug dosage error takes a staggering toll on consumer and patient health in addition to costing about $4 billion a year. In fact, based on a study by the Institute of Medicine in 2007, approximately 1.5 million preventable “adverse drug events” take place in the United States every year. With this information in mind, it is no wonder that the Food and Drug Administration is calling on doctors, consumers, and various other healthcare professionals to help in identifying drugs and circumstances that may be particular problems.

In its efforts to lower the deaths and severe health problems brought about by misuses of medication, the FDA adverse event reporting system and the organization as a whole are trying to determine the most serious threats, dangers, and risks, and find ways to prevent them from happening. The agency is supposed to hold public hearings to gather information pertaining to the following drug concerns:

• Overuse of acetaminophen (a pain reliever that can cause liver damage if too much is taken)


• Information given to patients (i.e. package inserts, labels and instructions that pharmacists distribute when giving prescriptions)


• Ways to lower dosage errors in liquid medications by including a spoon or cup to accurately regulate a dosage

Continue reading "FDA Launches "Safe Use Initiative" to Lower Drug Dosage Errors" »

After suffering a stroke and additional related health problems, a 39-year-old Newark woman has filed a suit against Bayer Corp., the makers of the popular birth control product, Yaz. According to an insidebayarea.com article, the woman took Yaz, a prescription-only product, for four weeks in the summer of 2007 to help reduce premenstrual pains, which is one of Yaz’s advertised uses. She then suffered a stroke that resulted in six months of hospitalization.

In attributing her health problems to using Yaz, the woman had part of her skull temporarily removed, due to excessive swelling of her brain, until the affected portion of her skull was later replaced. The woman’s attorney stated that she also suffered a reduced IQ and is now close to being mentally handicapped in addition to experiencing a drastic change in her speech and mood.

Although Yaz is one of the most popular birth controls used in the world, it has been at the forefront of much debate and criticism for presenting additional health risks not associated with other birth-control pills. The woman in the aforementioned case and over 100 others have filed suit against Yaz’s maker, Bayer Corp.

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According to recent news reports, many insurers have been dropping policies or sending notices of non-renewal based on the existence of toxic Chinese drywall in homes. This problem, although relatively small at the moment, is having a monumental impact on the lives of homeowners. Furthermore, this issue will only become widespread, and possibly grow out of control, as insurance companies continue to process the hundreds of claims currently in the works.

While families are being told that their insurance claim for defective drywall is denied, some are also being informed that their complete insurance policy will not be renewed due to the drywall that corrodes pipes and emits sulfuric fumes.

The insurer’s actions do not seem reasonable to many citizens. State and federal agencies have found that the defective materials in the affordable Chinese drywall emit “volatile sulfur compounds” and have remnants of strontium sulfide, which can create a rotten-egg odor, in addition to organic compounds not found in American-made drywall. Not only do the fumes destroy personal possessions such as jewelry and silverware, and damage parts of a home including pipes and air conditioners, but some reports of illness due to the wallboards have been made as well.

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Target has violated a ban on lead toys, which has been in place for 30 years, and has been fined $600,000 by the U.S. Consumer Product Safety Commission for selling these toxic toys to our children. Many would think that this is just a drop in the bucket for a large corporation such as Target. The commission uncovered that Target “knowingly” imported and sold the toys in addition to neglecting to take adequate action to ensure that no toys or children’s products would bear lead-containing paint.

Target denies these awful and damaging allegations. The toys were made in China and sold between May 2006 and August 20007 for prices from $3 to $10 dollars in Target stores countrywide. Toys affected include Kool Toyz Products, Anima - Bamboo Collection Games, Happy Giddy Gardening Tools and Sunny Patch Chair.

It is unacceptable that we still have to question stores that we trust to do the right thing and ensure that the products they are putting on their shelves are safe for consumers, especially products intended for our beloved children.

Continue reading "Shame on Target, U.S. Government Fines Them for Selling Toys with Toxic Levels of Lead" »

Even though the FDA has not issued a recall of popular birth control pills Yaz and Yasmin as of September 2009, it is understandable for many consumers to have various questions of concern regarding the serious medical conditions that can result from taking these medications. One of the main questions refers to what kinds of dangers are linked to Yaz and Yasmin.

First of all, both Yaz and Yasmin contain a type of hormone that most birth control pills do not contain. Drospirenone (DRSP) has been linked to be the cause of increasing a woman’s potassium levels, which can create health problems for a woman who has liver, adrenal, or kidney disease. There have also been multiple incidents of Yaz and Yasmin increasing the chances of a woman suffering deep vein thrombosis (blood clot), stroke, heart attack, and other serious medical issues.

Another major question that consumers have been asking is whether studies have been conducted to support claims that Yaz and Yasmin can inflict serious injury. One study performed in the Netherlands discovered that all birth control pills raise the risk of blot clots by five times. What is more shocking, however, is that due to containing DRSP, Yaz and Yasmin have been shown to increase the risk by 6.3 times. In recognizing these dangerous Yaz side effects, the FDA issued a letter of warning to Bayer, the drugs’ manufacturer, regarding questionable results from tests for key ingredients in the pills and said that many batches of the oral contraceptive should never have been given to the public.

Continue reading "Yaz and Yasmin Questions of Concern for Consumers" »

Just as consumers were recovering from one recall, another recall has been issued, this time it is for 800,000lbs of ground beef that was processed by BeefPakcers Inc. in Fresno, CA. The report on the latimes.com website stated that the U.S. department of Agriculture believes the meat may be linked to an outbreak of salmonella. The USDA announced that the beef in question was processed between June 5 and June 23 and has “EST. 31913” printed on the case code labels. The beef was sold to stores in California, Arizona, Colorado, and Utah.

Home consumers will have to take extra precautions with the beef they have purchased as some of it was repackaged into smaller consumer sized packages. Consumers will have to ask their retailer to determine if the meat they purchased came from the recalled beef. Beefpackers have asked consumers to call (877) 872-3635 with any questions they may have concerning the recall.

Salmonella can be life-threatening in some rare occasions and is one of the most common food-borne illnesses. Salmonella is notably more dangerous to those who have a weak immune system, infants, and people who are undergoing chemotherapy or have HIV.

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In a country in which more than 22 million Americans (7.7% of the country’s population) suffer from asthma, and 10-30 percent of adults and 40 percent of children suffer from allergic rhinitis, it is no surprise that asthma and allergy medications are widely used by children and adults alike. It would seem inconceivable that these same medications we are prescribed by doctors can cause “neuropsychiatric events” to those who consume them. Ky3.com reported in a story on June 22, 2009 that this is the unfortunate conclusion of an investigation by the Food and Drug Administration. The study has prompted the agency to issue an order to the makers of Singulair and other leukotrienes, a popular asthma and allergy medication, to place warning labels on their medications which would inform consumers of potential dangerous side effects.

A mother of a boy was shocked to find out that it was her son’s asthma medication that was causing his erratic behavior. She said, “He started hitting me and kicking and screaming at me, to the point where I had to lock myself in the bathroom.” She later found out that hundreds of other parents had experienced similar occurrences. One report from another mother said, “He said, ‘I’m just going to kill myself so I don’t have to see you anymore.’ ” The boy’s condition was remarkably better after he stopped taking Singulair.

According to the FDA’s report into the mood and behavioral changes associated with Singulair, Accolate, Zyflo and Zyflo Cr, cases were reported of agitation, aggression, anxiousness, dream abnormalities and hallucinations, depression, insomnia, irritability, restlessness, suicidal thinking and behavior (including suicide), and tremor.

Continue reading "FDA Orders Asthma and Allergy Medication Warning Labels" »

The U.S. Food and Drug Administration is warning users of Zicam pharmaceutical products about serious adverse effects caused by these unsafe drugs that have reportedly caused loss in sense of smell among hundreds of consumers. According to an ABC News report, these over-the-counter Zicam cold remedies contain zinc, an ingredient scientists say may damage nerves in the nose needed for smell. The products affected by the FDA's announcement include adult and kid-size Zicam Cold Remedy Nasal Swabs.

According to the FDA, about 130 consumers have reported a loss in sense of smell after using Matrixx Initiatives' Zicam products since 1999. Zicam cold medications never received formal approval from the FDA because they were part of a small group of medications that are not required to undergo federal review. Loss in sense of smell can not only seriously affect your quality of life, but can also be potentially life threatening. For example, people without a sense of smell may not be able to detect hazardous situations such as a fire or a gas leak.

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Rollover and roof crush is a serious auto product liability issue. Because of a defective or weak roof, vehicle occupants can suffer serious brain injuries, spinal cord injuries, or even death when the collision’s force causes the roof to cave in. These rollover accident victims are put at risk of being rendered disabled for the rest of their lives because of these defective autos. This is particularly true when it comes to several brands of sport utility vehicles or SUVs that have a propensity to roll over because of their high center of gravity.

The federal roof strength standard has not been changed since the 1970s. Large auto makers including Ford and General Motors have lobbied to keep those standards unaltered in spite of knowing that these roofs will only result in more injuries and deaths. It wasn't until this April that the U.S. Department of Transportation announced new roof standards for light vehicles weighing up to 6,000 pounds.

In an effort to help lower the severity of rollover accidents in Pennsylvania and throughout the nation, the new rule specifies that both the driver and passenger sides of the roof must be capable of withstanding a force equal to three times the weight of the vehicle. The Department of Transportation also announced recently that heavier vehicles from 6,000 to 10,000 pounds must now have both sides of the roof capable of withstanding a force equal to 1.5 times the weight of the vehicle. The phase-in schedule, which begins in September 2012, will be completed for all affected vehicles by the 2017 model year.

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Pennsylvania-based Blair LLC., along with U.S. Consumer Product Safety Commission, is recalling about 162,000 women's chenille robes after reports that several women died and many others suffered burn injuries as a result of the robes catching fire. According to this Associated Press news report, at least six women are believed to have died due to the Pennsylvania flammable products. In five out of six cases, the victims were women who were cooking at the time. CPSC officials are asking that consumers stop using these robes immediately.

The robes, made in Pakistan, have the following item numbers: 3093111, 3093112, 3093113, 3093114, 3093115, and 3093116. The robes were apparently sold in Blair catalogs, on the company's Web site as well as in Blair stores in Warren and Grove City, Pennsylvania from January 2003 through March 2009. Consumers may return these defective robes to Blair and receive a refund or a $50 gift card.

Burn injuries in Philadelphia can be serious and often life-threatening. In order to prevent these tragic events and to hold those accountable for the injuries responsible, it is important to understand what causes burn injuries. Burns can be caused by many different products, including defective clothing. Burn injuries are also costly.

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The government website cpsc.gov reported in an article that Jardine announced on April 30, 2009 a second recall expansion of cribs sold by Babies ‘R’ Us. The news was released by the US Consumer Product Safety Commission. The U.S. CPSC, in support with Jardine, announced the voluntary recall of the cribs. They advise that consumers should stop using recalled products right away due to the crib design and safety concern unless otherwise directed.

The name of the product is Jardine Cribs, manufactured by Jardine Enterprises based in Taipei, Taiwan. There were about 96,000 of these particular units sold. More than 320,000 units were also recalled in June 2008 while another 56,450 were recalled in January 2009. The danger associated with these cribs is that the “wooden crib slats can break, creating a gap, which can pose and entrapment and strangulation hazard to infants and toddlers.”

CPSC has received 31 reports of incidents providing the crib is an unsafe product where the slats broke, including two reports of children becoming entrapped in the gap created by the broken slat on the crib models listed. Seven models of Jardine wooden cribs have been recalled. The crib model number and date code can be found on the inside of the bottom rail on the headboard or footboard. The defective cribs were sold at KidsWorld, Geoffrey Stores, Toys “R” Us, and Babies “R” Us stores nationwide, and at babiesrus.com, from September 2005 through April 2009 for between $220 and $330. Consumers should contact Jardine for a full refund.

One of the most common ways in which a crib could be dangerous is through entrapment. Newborns, even when they are on trap (not premature) are so tiny that it might be hard to imagine their size when you’re picking them out of a crib. If the slats – the vertical bars on the sides of the crib – are too far apart, a baby could easy slip through or slip an arm or leg through. Any space that is large enough for a head or limb to fit through is dangerous. Although almost all cribs on the market today meet safety standards, defects or improper set up could cause problems.

If you or a loved has had a child suffer injuries in a baby crib, please contact the skilled Pennsylvania defective crib lawyers at Anapol Schwartz who have successfully defended their clients for over 30 years. They have handled these kinds of cases and can be an asset to you during this challenging time. Please call 1-866-735-2792 for a free consultation.

The website philly.com reported in an account on March, 25 2009 that Philadelphia community groups and city council members urged the city’s law department to sue the drugstore chain CVS for continually selling expired products and exposing the public to unsafe drugs in Pennsylvania.

Shelley Smith, city solicitor, was called upon during the City Hall Press conference to follow California and New York legal action suits taken against CVS. CVS was sued in December by New York State for the sale of expired products. Edmund Brown, California’s Attorney General, requested in June 2008 that the pharmacy remedy its problem after coming across 26 Southern California stores. Currently, California is pursuing suing CVS.

Lance Haver, Philadelphia Community Affairs Director, said, “CVS should spend the money it needs to clear the shelves of expired products that are putting our children at risk.”

Maria Quinones Sanchez, Councilwoman, said, “CVS has been caught selling expired products in our City and around the country. It is outrageous that we are here today calling on a corporate citizen to remove dangerous products from the shelves.”

Expired products found at 15 CVS stores in Philadelphia ranged from infant formula, to over-the-counter medications, and dairy products. Tablets to treat allergies were over a year old and baby’s gas relief medicine was nearly two years expired.

Bill Greenlee, Councilman, stated that legal action was required to protect the community from dangerous items sold at CVS drugstores.

Consumer class action lawsuits in Philadelphia are among the most effective tools consumers have at protecting their power over the marketplace. When a large corporation does something that adversely affects a large group of people, a class action lawsuit enables all of the affected people to act with one voice.

Anapol Schwartz represents consumers, small businesses, and injured people in class action lawsuits throughout the country, seeking money damages and other relief in the federal and state court systems.

If you or someone you know been wronged or harmed due to a company’s negligence contact Anapol Schwartz. They have helped their clients for over years and they know the law and court system to get you the compensation you deserve. Please call the experienced Philadelphia personal injury attorneys at 1-866-735-2792 for a free consultation.

A recent article published in the Philadelphia Daily News details the dangerousness of Ion smoke detectors. Although they are supposed to be life-saving machines, these detectors, which are the cheapest and most commonly used, can often prove to be useless in home fires.

Ionization detectors are less sensitive to the smoke produced by smoldering fires. It has been estimated that they can take at least a half-hour or longer than their competitor – photoelectric detectors – to alert residents of smoke and fire. Ion detector’s affordable price (as low as $7) make them a popular choice in households across America. This despite the fact that they have been documented to not be nearly as effective as photoelectric alarms.

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