Articles Posted in Defective Products

Johnson & Johnson will stop selling its popular talc-based baby powder globally starting next year, according to a corporate statement released in August. The multinational healthcare conglomerate had already discontinued talc-based baby powder in the U.S. and Canada in 2020, but will now transition to cornstarch-based powder worldwide. Although the company says it stands behind the safety of the talc product, the announcement comes after thousands of lawsuits have claimed that Johnson & Johnson baby powder causes cancer.

What Do Baby Powder Lawsuits Claim?

Baby powder lawsuits assert that Johnson & Johnson and other manufacturers knew their talc products were contaminated with asbestos, a naturally occurring mineral fiber known to cause cancer. Although the companies were aware that talc-based baby powder could cause ovarian cancer and mesothelioma, the victims claim, they did nothing to warn consumers of that risk. Many talcum powder cancer lawsuits have been brought by women who developed ovarian cancer after regularly using the product on their genital area for years.

Reports of two children becoming dangerously entangled in restraint straps prompted a massive recall of 4moms infant swings and rockers. The company recalled over 2 million products after one baby died of asphyxiation and another suffered bruising to his neck before being rescued. Both entanglement incidents occurred when babies crawled under the seats of unoccupied MamaRoo infant swings.

According to the Consumer Product Safety Commission (CPSC), families with infants who can crawl should immediately stop using the recalled baby swings and rockers and place them somewhere that crawling infants cannot access. Consumers can contact 4moms to receive a free fastener to prevent the straps from extending under the swing when not in use.

RockaRoo and MamaRoo Recall Details

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

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