Articles Posted in Defective Products

On August 4, 2022, DeWALT Industrial Tool Company recalled nearly 1.4 million miter saws after receiving nine reports of laceration injuries. The rear safety guard on the power saw can break or come off, exposing the user and bystanders to potential injury from projectiles. In addition, without the protection of the safety guard, the user could suffer serious wounds by coming into direct contact with the spinning saw blade. According to the U.S. Consumer Product Safety Commission (CPSC), the miter saws were sold by numerous retailers, including Lowe’s, The Home Depot, Amazon, and hardware stores nationwide.

Miter Saw Recall Details

Including the nine reports of laceration injuries, DeWALT received a total of 571 reports of the rear safety guard assembly or components breaking or detaching. Below are the details of the DeWALT miter saw recall as listed on the CPSC website:

After more than 50 years of questions about the safety of talcum powders such as Johnson & Johnson’s Shower to Shower, some manufacturers have started removing talc from their products. But that offers little comfort to the many women who say Shower to Shower and other talcum powders caused their ovarian cancer.

According to the U.S. Food & Drug Administration (FDA), studies from as early as the 1960s suggested a possible link between ovarian cancer and talc products applied to the genital region. Thousands of talcum powder cancer lawsuits in recent decades have accused Johnson & Johnson (and other manufacturers) of failing to warn consumers of the health risks.

Can Shower to Shower Cause Ovarian Cancer?

When you think of household hazards, your bed probably doesn’t come to mind. But like any other piece of faulty furniture, defective beds can cause serious injuries and even death. In April 2022, a recall was issued for around 129,000 wall beds after one fell and killed a 79-year-old woman. And that was far from an isolated recall. In just the past two years, over a million beds and bed frame units in the U.S. have been recalled for dangerous defects.  

Major Defective Bed Recalls 

Defective furniture recalls happen for a variety of reasons, from suffocation dangers to fall hazards to high levels of lead paint. Below are just some of the recent major recalls of faulty beds and bed accessories.  

Around 3,500 babies die in the U.S. each year in sleep-related incidents. An overwhelming 72% of these sudden infant deaths have been linked to soft bedding. Safe sleeping guidelines are clear: babies should sleep on a flat surface such as a crib without pillows, blankets, or other soft bedding. However, an entire class of commercial infant products known as inclined sleepers violates these rules.

Inclined sleepers–including Boppy pillow loungers–are not flat, have soft padding, and come with a very real risk of suffocation. In fact, they are so dangerous that the U.S. Consumer Product Safety Commission (CPSC) passed a new regulation effectively banning these products in 2022. But the decision comes too late for the families of the over 100 babies who died while using inclined loungers.

What is the Boppy Pillow Lounger Recall?

Talc is a soft mineral that absorbs moisture, soothes skin, reduces smells, and prevents caking. As a result, its use in commercial products ranges from baby powder and deodorant to makeup and moisturizing lotion. Unfortunately, critics say, it may also cause cancer.

Concerns about talcum powder’s safety have existed since at least the 1970s. But in recent decades, the scrutiny has become an avalanche. In the past 15 years, nearly 40,000 talcum powder lawsuits were filed against the product’s largest manufacturer: Johnson & Johnson.

The Link Between Talcum Powder and Cancer

In response to mandatory state and local lockdowns during the COVID pandemic, countless people have invested in expanding their own home gyms to continue to maintain or improve their fitness. While home gyms provide convenience to owners who want to avoid gym fees and crowds, they may also introduce unexpected dangers. Peloton, the wildly popular company that sells stationary bikes and other gym equipment recently recalled roughly 125,000 of its Tread and Tread+ treadmills per recommendation from the Consumer Product Safety Commision (CPSC) due to reported injuries from the machine and even a death. If you or a loved one have been injured as a result of a malfunction with the treadmill, you may be entitled to damages for your injuries in addition to a refund for the machine.

Why Are The Tread and Tread+ Treadmills Being Recalled?

On April 17, 2021, the CPSC issued an urgent warning to consumers who used the treadmill machines, warning that there were at least 39 reported incidents of injuries involving the treadmill. The injuries that they described included children, pets, and objects being unexpectedly pinned under a treadmill. At the time, Peloton believed the warning to be “inaccurate and misleading” and did not take any immediate action. Less than 2 weeks and many additional reported injuries later, the CPSC amended their original statement with a stronger finding.

The Food and Drug Administration (FDA) investigated the potential link between certain defective breast implants and higher instances of cancer.  In July 2019, the FDA issued a statement requesting that Allergan, the manufacturer of BIOCELL textured breast implants and tissue expanders, recall all of their BIOCELL line of products. The FDA found that people with BIOCELL implants and/or tissue expanders were six times more likely to develop breast implant-associated anaplastic large cell lymphoma (BIA-ALCL).

If you or a loved one was diagnosed with BIA-ALCL and after having BIOCELL implants and/or tissue expanders, you may be entitled to compensation for the damages that you’ve experienced. The attorneys at Altman & Altman have the experience and resources to support you. Contact us today by phone at 617.492.3000 or toll free at 800.481.6199 for a free consultation to discuss the details of your case.

Which Allergan products were recalled?

The list of Allergan products that were recalled because of an increased risk of BIA-ALCL includes:

  • Natrelle saline breast implant styles 168, 363, 468
  • Natrelle and McGhan 410 breast implant styles LL, LM, LF, LX, ML, MM, MF, MX, FL, FM, FF, FX
  • Natrelle and McGhan 410 Soft Touch breast implant styles LL, LM, LF, LX, ML, MM, MF, MX, FL, FM, FF, FX
  • Natrelle 510 Dual-Gel styles LX, MX, FX
  • Natrelle Inspira breast implants, styles TRL, TRLP, TRM, TRF, TRX, TSL, TSLP, TSM, TSF, TSX, TCL, TCLP, TCM, TCF, TCX
  • Natrelle and McGhan Round Gel Implants, styles 110, 110 Soft Touch, 120, 120 Soft Touch
  • Natrelle Komuro breast implants styles KML, KMM, KLL, and KLM
  • Natrelle Ritz Princess breast implant styles RML, RMM, RFL, RFM
  • Natrelle 150 Full Height and Short Height double lumen implants
  • Natrelle 133 tissue expanders with and without suture tabs: styles 133FV, 133MV, 133LV, 133MX, 133SX, 133SV, T-133FV, T-133MV, T-133LV, T-133MX, T-133SX, T-133SV, 133FV-T, 133MV-T, 133LV-T, 133MX-T, 133SX-T, 133SV-T
  • Natrelle 133 Plus tissue expander styles 133P-FV, 133P-MV, 133P-LV, 133P-MX, 133P-SX, 133P-SV, T-133P-FV, T-133P-MV, T-133P-LV, T-133P-MX, T-133P-SX, T-133P-SV, 133P-FV-T, 133P-MV-T, 133P-LV-T, 133P-MX-T, 133P-SX-T, 133P-SV-T

What is BIA-ALCL? 

BIA-ALCL is a form of cancer that affects the lymphatic system and develops in the scar tissue that surrounds a textured breast implant. In most cases when the cancer is caught early, BIA-ALCL can be successfully treated. If left untreated, BIA-ALCL can spread to other areas of the body and in the worst cases, can cause death.

What are symptoms of BIA-ALCL?

Some of the common symptoms of people who have BIA-ALCL include:

  • Breast asymmetry
  • Changes in breast appearance
  • Hardening of the breast
  • Lumps in the breast or armpit area
  • Swelling around the implant
  • Pain around the implant
  • Fatigue
  • Weight Loss
  • Rash or unusual itching
  • Swollen lymph nodes

These symptoms typically develop between 7 – 10 years after the product is implanted; however, some patients have reported that they developed BIA-ALCL symptoms earlier. Continue reading

Military personnel deal with countless risks in their everyday lives, including exposure to incredibly loud noises. U.S. military veterans are 30% more likely to suffer hearing loss than the average citizen. During their service they may be exposed to noises from gunfire, explosions, heavy machinery, plane and jet engines, and much more. Military personnel have enough to worry about, and hearing loss is a preventable injury that ought to be taken seriously.

Defective dual-ended military earplugs have come under fire recently, likely enlarging the risk factor of hearing problems to four times as likely as the average citizen. The earplugs were manufactured by 3M Corporation as part of a deal with the U.S. military and were issued to service members deployed between 2002 and 2015. They were issued to protect service members from loud noises associated with their service, while still allowing them to hear low volume noises such as peers trying to communicate with them. 3M was the exclusive supplier of earplugs to the military at this time. After it was discovered that over 2 million service members have deafness and ringing in their ears, authorities found that the earplugs did not protect against what they claimed to. The result: thousands suffering from hearing loss and tinnitus who are now bringing suit against 3M.

This litigation was originally brought by Moldex-Metric, Inc., 3M’s rival company. The U.S. Department of Justice joined the case soon after. The earplugs at issue, The Combat Arms Earplugs Version 2, was designed by Aero Technologies with a defective seal that allowed dangerously loud noise to penetrate the ears. Evidence surfaced that the company knew of these defects dating back to testing done in 2000 and failed to inform the military. When 3M acquired Aero several years later, they continued these deceptive practices. The poor design allows the earplugs to become dislodged and allows high levels of noise to enter the ears and cause damage. The packaging also had improper instructions, increasing the chances of hearing damage.

In 2018, The U.S. Department of Justice reached an agreement with 3M, in which they would pay a $9.1 million settlement to the government. The company has yet to remedy the toll on former military personnel and has not yet admitted liability. Continue reading

The United States Food and Drug Administration (FDA) announced on Wednesday that it would implement a full, nationwide recall of the popular over-the-counter heartburn medication, Zantac, over concerns that it could potentially introduce a cancer-causing compound into those who take it. If you or a loved one has used Zantac in the past and subsequently developed cancer, contact a personal injury attorney from the Cambridge firm of Altman & Altman LLP right away to get started on a claim.

You may be eligible to receive financial compensation through a class action lawsuit or other legal action against drug manufacturers, or other negligent third parties who allowed the production or sale of Zantac to continue despite independent lab tests showing the possible dangerousness of using Zantac.

What made the FDA recall Zantac?

Up until this week when the news broke, the FDA had been hesitant to respond to claims from independent laboratories that Zantac was potentially dangerous. Independent tests had demonstrated that there was a possibility that Zantac broke down into a compound known as NDMA (N-nitrosodimethylamine), which is a likely carcinogenic (meaning cancer causing) contaminant.

The tests revealed the creation of NDMA could occur inside of the patient’s digestive system once the medicine was ingested. One alarming study showed that just one Zantac tablet could potentially create 3 million nanograms of NDMA – when the recommended maximum amount of NDMA that a human should absorb in a day, according to the FDA, is just 96 nanograms.

Despite these alarming tests, the FDA only decided to issue a nationwide recall of all Zantac products once their independent investigation into the popular drug showed that NDMA production could occur if the medicine was stored at a higher-than-normal temperature. In their statements to press, they make the claim that they only pulled the medicine out of an abundance of caution.

How dangerous is NDMA?

NDMA is presumed carcinogenic due to its cancer-causing qualities in laboratory experiments on mice. It has been observed to be linked to various cancers, including liver, intestinal, esophageal, stomach, colorectal and, in more limited capacities, it has been linked to prostate cancer, pancreatic cancer, non-Hodgkin’s lymphoma, multiple myeloma and leukemia.

Claims and lawsuits against Zantac for its presumed role in the causation of cancer are already in motion, but none have come to a settlement or award yet. With the announcement of the full, nationwide recall, it is likely much more attention will be paid to this issue and more claims will likely begin to pile up. Continue reading

Altman & Altman LLP is actively reviewing claims regarding cases of nicotine addiction that have occurred due to the widespread use of Juul brand vaporizers. Specifically, we are pursuing claims from individuals who used a Juul vaporizer before they were 18 years of age, and used it prior to November 2018.

Juul vaporizers (also known as vapes and e-cigarettes) have long been marketed as a “safer” alternative to traditional cigarettes. They have utilized the advertising slogan “Make the Switch,” meaning they intend to be a replacement for nicotine-addicted individuals who are either trying to quit nicotine entirely or are looking for a supposedly less harmful way to consume nicotine. With a streamlined, sleek appearance about the size of a standard USB flash drive, and a simple two-piece design with replaceable nicotine-laden oil cartridges, Juuls have become incredibly popular.

Juul may be specifically targeted for children to use

Studies have revealed that Juuls are not only popular with adults. Children under the age of 18 regularly use Juuls in alarming numbers – as data shows that about 3.6 million kids under the age of 18 tried an e-cigarette device at least once in 2018, a 78 percent increase over the prior year.

Combine this knowledge with the fact that Juul pods contain a higher concentration of nicotine than other e-cigarettes, and that children are more susceptible to developing addictions, and what you’re left with is a ripe recipe for children to become nicotine dependent very quickly.

Not only has Juul been criticized for potentially exposing children to a harmful product without doing much to prevent them from accessing it – the company has also come under scrutiny for their development of flavored pods that would also appeal to children; such as mint and berry flavors.

Juul and “popcorn lung”

Juul vaporizers and other electronic cigarette products like them contain a chemical called diacetyl, an additive that supposedly makes the heated vapor less harsh and smoother when inhaled. Diacetyl is also a component added to movie theater popcorn butter to give it that well-known buttery flavor. The chemical is approved by the FDA for consumption as a food product.

However, overexposure to vaporized diacetyl may cause “popcorn lung,” which causes a constriction of the airways within the lungs to the point of total closure – which may lead to further respiratory complications including total lung collapse, a potentially fatal health complication. Continue reading

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