Product Liability

Published on: December 19, 2021

Consolidation of Paraquat Litigation in Illinois

wheat-g460af6690_640 In the 1960s, Paraquat entered the market as an herbicide. It’s been used to kill weeds and grasses before planting, to control weeds in orchards, and to dry plants prior to harvest. It can be applied with hand-held sprayers, knapsack sprayers, and pressurized tanks drawn by tractors or trucks. Lawsuits allege that there may be a link between the herbicide Paraquat and Parkinson’s disease. In June 2021, all Paraquat lawsuits filed in federal court were consolidated by the United States Judicial Panel on Multidistrict Litigation (JPMDL) under the Honorable Nancy J. Rosenstengel in the District Court for the Southern District of Illinois. If you were injured by the herbicide Paraquat, you should discuss your situation with the experienced Chicago product liability lawyers of Moll Law Group. Billions have been recovered in cases with which we’ve been involved.

Around 300 Paraquat lawsuits are now pending in the multidistrict litigation (MDL). One of the recent complainants is an Illinois man who worked for Therma Gas and Northern Star Minerals for a long period of time and sprayed Paraquat on potato crops being grown on land owned by Northern Star Minerals. In the course of that time, the man was unaware that his many years of Paraquat exposure could give rise to serious health issues. His Parkinson’s disease symptoms began in 2008, but he only realized that Paraquat had been linked to Parkinson’s in or after the summer of 2021.

Paraquat and Parkinson’s Disease

Paraquat is sprayed on around 15 million crops around the country. It is highly toxic and categorized as a restricted use pesticide. Only certified applicators are allowed to use it. Officials have not approved it for use in backyards. Lab studies show that the herbicide has the potential to damage neurons in the brain that are responsible for Parkinson’s. In fact, it is a toxin that is used to create animal models for the disease.

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Published on: December 13, 2021

Latest Developments in the 3M Earplug Trials

By Moll Law Group

soldier-1447008_1280-e1639440801540 The 3M lawsuits arising out of defective earplugs worn by servicemembers have been consolidated into the largest multidistrict litigation (MDL) in history. The MDL is larger than the asbestos and talc product cases. In the litigation, United States military veterans and service members have alleged they experienced hearing damage because they used 3M’s Combat Arms earplugs, Version 2 (CAEv2). If you were harmed by defective earplugs, you should give the experienced Chicago-based lawyers of Moll Law Group a call. Billions have been recovered in cases with which we’ve been involved, and we represent clients around the country.

The earplugs at issue were used by many servicemembers deployed in Afghanistan and Iraq between 2001 – 2015. The leading cause of disability among veterans, according to the Department of Veterans’ Affairs is hearing damage. In 2018, 3M paid $9.1 million to settle the United States government’s claim that it concealed defects in the earplugs; however, it didn’t admit it was liable for damages. The multidistrict litigation is presided over by Judge M. Casey Rodgers.

Around 200,000 cases are pending against the manufacturer 3M. Certain lawsuits have been selected for bellwether test trials. In this process, plaintiffs and defendants alternate in selecting specific cases to serve as bellwether cases, with each side trying to put forward cases they respectively believe are strongly in their favor. However, certain cases are chosen for trial by the judge because they don’t overly favor either the plaintiffs or the defendant.

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Published on: November 23, 2021

Recall of Ventilators, CPAP machines and BiPAP machines

By Moll Law Group

sleeping man On November 12, 2021, the United States Food and Drug Administration (FDA) updated its recall of specific Philips Respironics ventilators, CPAP machines, and BiPAP machines. The recall for certain machines occurred on June 14, 2021. They were found to carry health risks connected to polyester-based polyurethane sound abatement foam that was used in them. The foam can deteriorate, resulting in severe injuries, which can be life threatening and cause permanent disabilities when medical intervention is not provided. If you were harmed by one of the machines in question, you should call the experienced Chicago-based product liability lawyers of the Moll Law Group.

The FDA inspected the Philips Respironics’ manufacturing facility to decide what contributed to the foam concerns. The FDA’s inspections include evidence production and testing, systems intended to make sure the product meets quality standards, review of records, staff training, and operations.

In the course of an inspection, an FDA investigator did observe issues outlined in an inspection closeout report.

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Published on: November 13, 2021

Recall of Kubota Utility Vehicles

By Moll Law Group

gmc-yukon-truck-wheel-g5fa0c537f_640-300x200 Utility vehicles are motorized four-wheeled vehicles used for recreation and driving on rough terrain. Unfortunately, they also have a reputation for being dangerous. Many utility vehicle accidents have resulted in fatalities due to defects in the vehicle. Recently, the Kubota utility vehicle was recalled using the Consumer Product Safety Commission’s fast track process. The recall is being conducted because the floor mats on certain models of the Kubota utility vehicle were found to degrade and warp, and thereby present a danger of interfering with the throttle pedals. If you were injured as the result of a defective Kubota utility vehicle or another utility vehicle, you should give our experienced Chicago product liability lawyers a call. We represent clients around the country who have been harmed by dangerously defective vehicles.

In order to participate in the CPSC’s fast track process, a company needs to be ready to put in place a corrective action plan. This includes a consumer-level recall, such as a replacement, repair, or refund. It needs to be within 20 working days of the initial report of the defect to the CPSC. Sale and distribution of the utility vehicle must stop. In this case, the Kubota was sold around the country from April 2013 through September 2021 for between $21,300 and $22,950.

In order to figure out whether your vehicle was affected, you should check the model number on the data plate on the side of the unit. The recent recall concerns the base model Kubota RTV-X1100C Utility Vehicle. Certain models that have been recalled may include an additional letter after the “C” in the model number. Serial numbers run from 10001 – 67546. If you are a consumer with this vehicle, you should stop using it and get in touched with an authorized dealer.

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Published on: November 7, 2021

Dresser Tip Overs Present Serious Hazards to Children

By Moll Law Group

chest-of-drawers-3779628_1280-e1636343849461 Chicago parents should remain alert to the possibility of furniture tip-overs. Certain dressers are not safe or carry a great hazard of tip-overs. A child can be quickly and silently crushed beneath dressers. Parents or other caregivers may not hear their cries, or they may not even have time to cry before suffering fatal injuries. Recently the Nova Series 5-Drawer Chest, Model B1428-10 was recalled by Magnussen Home Furnishings, Inc. of Riverside. Like many other chests, the recalled ones are unstable when they aren’t anchored to the wall, which means they present tip-over and entrapment hazards that can lead to a child’s serious injuries or even death.

The recalled Nova Series chests of drawers don’t comply with performance requirements set forth by the voluntary industry standard ASTM F2057-19. They are 54-inch brown dressers with walnut veneers. They were made between August 2009 – August 2015. They measure 18 inches deep and 40 inches wide.

You can check your dresser for a label on the back in the top left-hand corner. This label should incorporate both the month and year of manufacture as well as the model number. The recalled units have date codes that represent August 2009 and August 2015: AG09 and AG15.

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Published on: October 25, 2021

Woman and Son Burned by Tristar Pressure Cooker Explosion

By Moll Law Group

gas-stove-g3abb9de64_640 This past summer, a woman and her son filed a lawsuit after a 10-quart Tristar Power Pressure Cooker XL exploded and caused them serious injuries and damages. After seeing the manufacturer’s infomercial, a woman had bought the pressure cooker to gift her daughter for Christmas. There have been many complaints about this particular pressure cooker. If you were burned by the explosion of a Tristar Power Pressure Cooker XL, you should give the experienced Chicago product liability attorneys of the Moll Law Group a call.

Tristar pressure cookers are made to permit pressurization and depressurization through the deployment of an independent floating valve, manual release valve, locking pin, locking lugs, and a silicone gasket. The manufacturer Zhongshan Jinguang Appliance Manufacture Company, Ltd., sold it to Cheer Master, a third-party vendor, who sold the pressure cooker to Tristar, which shipped it into the country. Prior to selling the cookers, Tristar claims, it participated in the manufacturer’s tests for reliability and efficiency.

The design of the power pressure cooker is such that the unit shouldn’t pressurize until the lid is locked. This allows the float valve to rise and secure pressure within before interacting with the locking pin and strike plate to stop the lid’s removal. Tristar advertised it as the easiest cooker to use due to its built-in safety features. Unfortunately, several people have not found the pressure cooker to be safe at all.

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Published on: October 20, 2021

Woman Burned by Pressure Cooker Explosion

By Moll Law Group

kitchen-490017_640 Last year, a woman who was trying to make beans in a Crock-Pot 6-Quart Express Crock Multi-Cooker pressure cooker was left with second and third-degree burns on her arms, chest, and face. She reported that the way the pressure cooker was sitting, it hit the cupboard and flew across the kitchen. Hot liquid exploded everywhere. The accident happened quickly, so that there was no time to protect herself. She reported that the pain was unlike anything she had ever experienced before. The pressure cooker was later recalled, model number SCCPPC600-V1. At the Moll Law Group, our seasoned Chicago pressure cooker lawyers may be able to help you recover damages in a lawsuit if you are harmed by the explosion of a defective product in the kitchen.

After the explosion, the woman’s mother called 911. Her recovery took more than a year. In that time period, doctors needed to use five square feet of cadaver skin grafts to treat the burned regions.

The Consumer Product Safety Commission (CPSC) explained that a cooker may pressurize when the lid isn’t completely locked. This can result in the lid separating from the device and flying off. When there’s hot liquid inside, it presents a serious burn risk. The CPSC received 119 reports that the lid had detached; these incidents caused 99 burn injuries, ranging in severity to third-degree burns. Disturbingly, customer reviews also specified this issue.

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Published on: October 13, 2021

Chicago-Based Lawyers for Injuries or Deaths Caused by Corded Blinds

By Moll Law Group

bedroom-670249_1280-300x200 October is National Window Covering Safety Month. Tragically, children have silently suffered catastrophic injuries or strangled to death on cords for window coverings like blinds and drapes. It doesn’t take much time for a child to get a cord caught around his or her neck. As a matter of safety, it is wise for parents and caregivers to install cordless blinds. The Consumer Product Safety Commission (CPSC) recently advised consumers to buy and install cordless window coverings in those rooms where their children are. It is expected the CPSC will issue a new rule to regulate corded window coverings that are stock items, though custom items will likely remain unaddressed.

Generally, you can buy a cordless window covering at most major retailers and online retailers. Many of these are quite affordable. Certain safety steps should be taken if you can’t replace your existing corded blinds. The cords that remain should be made as short as feasible to keep them out of reach of children. Cords that cannot be made any shorter should be tucked out of reach or anchored to the wall. Stops should be properly adjusted to stop the inner lift cords from moving. A baby’s crib or child’s bed should be moved away from both the window and any cords that are attached to window coverings.

The CPSC has reported that around 9 children who are five or younger died every year when strangled by the cords on window coverings. Children as old as 8 have also been at risk of strangulation hazards; there were 200 incidents from January 2009 – December 2020.

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Published on: October 6, 2021

Accidents Involving Defective Chairs

By Moll Law Group

Fall Hazards with Antigravity Chairs

The Consumer Product Safety Commission (CPSC) recently announced Kohl’s recall of SONOMA Goods For Life-branded Ultimate Oversized Antigravity Chairs. Kohl’s stores sold the chairs from January 2019- June 2021 for around $240. The chairs come in various colors. They are built with aluminum frames and legs, fabric backs, and removable head pillows fixed in place with Velcro. A tag is sewed into the fabric on the chair’s seat. Consumers were told to stop using recalled chairs and return them to the store. If you were injured in a fall due to an antigravity chair, you should discuss what happened with the experienced Chicago product liability attorneys of the Moll Law Group. Billions of dollars have been recovered in litigation with which we’ve been involved.

Fall Hazards Arising Out of Antigravity Chairs

Prior to the recall, there were 18 reports made to Kohl’s of the antigravity chairs breaking or collapsing. In two instances, users received minor injuries. As a consumer, you should stop using the recalled antigravity chairs immediately and bring them back to the store. If you have a receipt, you can get a full refund. You will get store credit if you don’t have a receipt.

Product Liability Lawsuits

If you were injured in an antigravity chair, you may be able to recover damages. Each state follows its own rules regarding which theories may be used to pursue damages. Product liability lawsuits tend to be complex, which is why it is critical to retain a lawyer with experience in this practice area.

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Published on: September 30, 2021

Chicago-Based Lawyers for Magnet Ingestion Claims

By Moll Law Group

magnets-113315_1280-300x225 Children in Chicago and elsewhere are often extremely curious. They may put things in their mouths that are dangerous or should not be consumed. Among the many attractive products that may intrigue kids are magnets, whether refrigerator magnets or magnetic spheres or toys that contain magnets. They may be drawn by a bright color or by a toy’s magnetic properties. In August 2021, Zen Magnets and Neoballs Magnets were recalled because they posed an ingestion hazard. If you suspect your child has swallowed a magnet or more than one magnet, it is crucial to take him or her to receive emergency care. You may be concerned about the bills. Many families do not have enough money to cover the hospital bills or care required by the injuries suffered due to magnets. You should discuss what happened with the experienced Chicago attorneys of the Moll Law Group. Billions have been recovered in cases with which we’ve been involved.

Recall of Zen Magnets and Neoballs Magnets

When a child swallows two or more high-powered magnets, whether accidentally or intentionally, the magnets that were consumed may be attracted to each other or a different metal object. They could become lodged in the child’s digestive system. The presence of the magnets can result in twisting or blockage of the intestines, along with blood poisoning and death.

The mandatory recall involved both Zen Magnets and Neoballs magnets, which are highly powerful spherical magnets that are 5 mm in diameter. Neoballs are sold in a range of colors, including green, red, purple, blue, silver, gold, and orange. They were packaged with “Neoballs’ or “Zen Magnets” printed on the package. In total, around 10 million magnets, packaged individually and in sets, were recalled.

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