Articles Posted in Product Liability

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soldier-gba1564472_640U.S. bankruptcy Judge Jeffrey Graham recently ruled that military veterans who allege they suffered hearing loss because of 3M earplugs can continue to pursue litigation against the company, even though their subsidiaries filed for bankruptcy on July 26th. This ruling disrupts earplug manufacturer 3M’s efforts to evade payment of claims arising out of earplugs plaintiffs believe caused their hearing loss. Company shares plummeted 12% after this ruling. If you suffered hearing loss due to 3M earplugs, you should give our experienced product liability lawyers a call. At Moll Law Group, billions have been recovered in cases with which we’ve been involved.

Call Moll Law Group About Your 3M Earplug Claim

Court-watchers were not expecting the bankruptcy judge’s decision. Often courts do agree to stay (stop) litigation against subsidiaries’ solvent parent companies when they are being sued by many litigants and want to use the bankruptcy process to get a global settlement that might not represent the true value of the plaintiffs’ losses. The bankruptcy judge’s decision, couched within bankruptcy law, doesn’t stop 3M or its subsidiaries from trying to globally settle the litigation, but the company doesn’t have as much leverage to force plaintiffs to settle if there is no stay. Meanwhile the MDL judge left this decision in the bankruptcy court’s hands.

So far, 3M has lost 10 out of 16 bellwether trials in the earplugs litigation. It still asserts that its earplugs weren’t defective, and that bankruptcy would be an appropriate means of resolving liability. It has filed a notice of appeal of the ruling and may try to appeal directly to the Seventh Circuit, United States Circuit Court of Appeals.

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surgery-ga9893dfa2_640In a recent decision, a jury has awarded over $4.8 million in the Ventralex hernia mesh path trial Trevino v. Davol Inc., Providence County Superior Court, Rhode Island, No. PC-2018-8437. The trial is believed to be the first hernia mesh case to go to trial in state court, and it was filed against manufacturers Davol Inc. and C.R. Bard. The jury came to its decision on August 29th, and with interest, the award may go up to $7.68 million. If you were injured by Ventralex hernia mesh or another brand of hernia mesh, you should consult the experienced product liability lawyers of Moll Law Group about whether you have a claim for damages arising out of defects in the mesh.

Call Moll Law Group About Your Hernia Mesh Lawsuit

Many plaintiffs have alleged that Ventralex hernia repair mesh, manufactured out of plastic polypropylene, has defects. After a month-long trial against its manufacturers, the jury delivered a verdict against them. The court ordered C.R. Bard Inc., a subsidiary of Becton, Dickinson and Co., to pay $4.8 million to the plaintiff, a man who experienced severe complications after the mesh was implanted. He said that the Ventralex hernia mesh embedded itself into his tissue, and that as a result of severe pain and inflammation, he needed to undergo corrective surgery.

Around 17,000 hernia mesh cases have been consolidated in a multidistrict litigation in federal court, while others are consolidated in state court in Rhode Island. In connection with hernia mesh, the company faces over 30,000 suits similar to the one that went to trial. Nevertheless is has announced it plans to appeal.

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girls-g49ab55249_640Recently, Epoch Everlasting Play announced that certain fabric playhouses and play tents don’t meet the industry flammability standard for children’s tents. Due to this failure, children across the country who use these tents are at risk of burn injuries. Approximately 251,600 fabric playhouses and tents in the United States were recalled voluntarily on July 28, 2022. The recall occurred under CPSC’s Fast Track Recall process. With this process, a company dedicates itself to working with the agency to not only announce a product recall but also develop a remedy. If your child was burned while using an Epoch Everlasting Play fabric house or tent, you should call the experienced Chicago-based product liability lawyers of Moll Law Group. Billions have been recovered in cases with which we’ve been involved.

Consult Moll Law Group About Your Play Tent Claim

The recalled playhouses and tents were made of mesh and nylon. Nylon storage bags are sold with them. Each tent and playhouse is about 36 inches by 54 inches. A label is sewn into the underside of the playhouse or tent; it says, “Epoch Everlasting Play.” These $30-$35 recalled products were sold at a range of toy stores and online, including at www.amazon.com, www.fatbraintoys, www.zulily.com, Target, Marshall’s and Toys R Us for several years, from March 2014 through March 2022.

The recall was conducted voluntarily by Epoch Everlasting Play under CPSC’s Fast Track Recall process. Fast Track recalls are initiated by firms, who commit to work with CPSC to quickly announce the recall and remedy to protect consumers. The play tents Epoch recalled include these models:

  • Pop Up Theater Tent,
  • Kidoozie Ice Castle Tent,
  • King Size Medieval Castle,
  • My Clubhouse,
  • Pirate Den Playhouse,
  • Royal Castle Playhouse.
  • Pop Up Theater Tent (Red),
  • Princess Hideaway Playhouse

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woman-g38859c667_640Early in July, Mylan Pharmaceuticals, Inc. voluntarily recalled a batch of its prefilled Insulin Glargine Injection pens that come in 100 units/mL, 3 mL. The pens include an insulin analog that is long-acting. Doctors prescribe it for glycemic controls in both adults and children who have type 1 or type diabetes. If you were injured or a loved one was lost due to uncontrolled blood sugar while using Insulin Glargine Injection pens or another type of insulin injection pen, you should call the experienced Chicago-based product liability lawsuits of Moll Law Group to see whether you have a viable claim. Billions have been recovered in lawsuits with which we’ve been involved.

Call Moll Law Group About Your Insulin Injection Pen Claim

The pens in questions are packed five pens to a carton and sold to patients with diabetes. The carton includes information about the product, batch number, and the date the pens expire. The manufacturer recalled a batch that omitted a label on certain pens. Due to this lack of labeling, a patient could mix up the products and strengths of the unbranded pens. This, in turn, could lead to insufficient glycemic control, and either excessively high or low blood sugar.

Biocon Sdn. Bhd made the affected pens, which are not branded and are interchangeable with biosimilar Insulin Glargine-yfgn pens. They affected pens were distributed by Mylan Specialty L.P in the United States between April 4 – May 5, 2022. The branded Semglee injection pen is not affected. While no adverse events have been reported so far, serious harm could be experienced by a patient who needs to control his or her insulin.

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flowers-g80f4db707_640Edgewell Personal Care Company, which makes Banana Boat sunscreen, has voluntarily recalled several batches of its hair and scalp sunscreen spray after trace amounts of benzene were found in it. Benzene is known to cause cancer. The manufacturer has stated that benzene isn’t an ingredient in the spray. Rather benzene developed unexpectedly in the propellant that sprays the product from its can. Certain samples of the Banana Boat Hair & Scalp Sunscreen Spray SPF 30 contain the chemical. If you or a loved one were harmed by sunscreen recalled by Banana Boat, the experienced product liability lawyers of Moll Law Group can help you figure out whether you should sue for damages. Billions have been recovered in product liability claims with which we’ve been involved.

Call the Seasoned Moll Law Group About Your Claim

The affected sunscreen sprays were packaged in aerosol cans and distributed across the U.S., both in-person and online. Affected sunscreen products had specific expiration dates; you can identify them according to their lot code numbers.

The manufacturer’s spokesperson has stated that no other Banana Boat sunscreen for hair and scalp is part of the recall and that these products can continue to be used safely and as intended. The sunscreen spray was packaged in aerosol cans and distributed across the country. Its expiration dates were in December 2022, February 2023, and April 2024. From the company’s perspective, the recall is being taken out of an abundance of caution.

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hammock-g98c17b6cc_640-e1656952435126Recently, RIO-branded swinging hammock chairs were recalled. When pins are not properly inserted, the chair’s legs can collapse such that the user is injured. Around 786,000 units of this type of hammock, which have black or gray metal frames and fabric seats, were recalled. If you have a hammock that is navy, gray, red or camouflage, you should check to see who the manufacturer is by looking below the pillow. The affected hammocks have “RIO” printed below the pillow. Only chairs with warning tags on the back of an armrest or backrest are included in a recall. You should call ShelterLogic Group, which makes the hammock, to receive instruction on verifying proper insertion pins. Additionally, if you were injured, you should call the experienced Chicago product liability lawyers of Moll Law Group.

Talk to Moll Law Group About Whether You Have a Claim

ShelterLogic Group owns RIO Brands, which makes the affected hammock chairs. The recall was prompted by ShelterLogic Group’s 24 reports of incidents that resulted in injuries like concussions, bruises, aches and pains, head lacerations, and abrasions sustained by consumers that fell while using the chair. If you sustained any of these or catastrophic injuries, you should consult our experienced lawyers about whether you can bring a product liability lawsuit. While the injuries reported so far in connection with these particular hammocks have been minor, more catastrophic injuries are associated with hammocks and swing chairs that result in falls.

Hammocks may be defective in terms of their design, manufacturing, or marketing. In the case of hammocks in which the pin is not properly inserted, it is likely there is a design or manufacturing flaw. Design flaws include errors in the specifications by which the product was made; these are flaws that occur in every unit of the product. Manufacturing errors are deviations from the specifications or plans for how the product should be put together. It is often necessary to retain an expert to take a look at the product and determine whether there is a design or manufacturing flaw and to testify in a product liability lawsuit.

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baby-g3f121741c_640Sometimes baby neck floats are used on babies with spina bifida, spinal muscular atrophy (SMA) type 1, cerebral palsy, and Down syndrome. The United States Food and Drug Administration (FDA) recently issued warnings not to use neck floats with babies with special needs or developmental delays, even when interventions such as water therapy are being provided. If your baby was injured or killed by a baby neck float, you should call the seasoned Chicago-based lawyers of Moll Law Group.

Consult the Lawyers of Moll Law Group

Some neck floats, inflatable plastic rings worn around a baby’s neck, permit babies to float in the water freely. They can be marketed for premature infants or even as young as two weeks old. Parents and caregivers use the products during babies’ baths or when their baby is swimming as a physical therapy intervention because they have developmental disabilities or delays. Some manufacturers claim that using these neck floats allows for increased lung capacity, muscle tone, flexibility and motion range, and stimulation of the brain and nervous system. They claim they can build strength or promote development, but these claims are not fully supported.

The U.S. Food and Drug Administration (FDA) has warned parents and others not to use neck floats with babies, even for therapy, especially when babies have developmental delays or special needs, such as cerebral palsy, spina bifida, Downs syndrome or spinal muscular atrophy type 1. Using floats can lead to death or severe neck strain and injuries.

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ice-g77a4b3b5f_640-e1655157714382Thirteen models of Frigidaire refrigerators and an Electrolux model refrigerator have been recalled by the manufacturer. The recall was issued because the ice makers on the affected models present a choking hazard. If the ice maker in your refrigerator injured you or caused a loved one’s death and you suspect it’s because the ice maker was defective, you should call the experienced product liability lawyers of Moll Law Group. Billions have been obtained in cases with which we’ve been involved.

Give Moll Law Group a Call About Injuries From a Defective Product

Electrolux’s recall of its white and black stainless steel refrigerators involves their ice makers. The company has received 185 reports of the ice makers’ ice level detectors breaking. If an ice level detector arm in the ice maker breaks into pieces, it can fall into the ice bucket and present a choking hazard. One consumer reported injury involving gum lacerations.

The affected units are Frigidaire and Electrolux Side-by-Side, Top Freezer and Multi-door refrigerators. The refrigerator was sold at Lowe’s, Home Depot, and appliance stores nationwide and online at Frigidaire.com between April 2020 -March 2022 for $1,200 – $4,300.

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body-ge72aa36f3_640Recently, Medtronic recalled HeartWare HVAD system batteries because of battery failure. The recall is categorized as Class I, the most significant recall, because the device may result in serious injuries or even death. Suppose you were injured due to a HeartWare HVAD system battery failure. In that case, you should consult the seasoned product liability lawyers of Moll Law Group about whether you have grounds to sue the manufacturer.

Call Moll Law Group About Your Medical Device Claim

The HeartWare Ventricular Assist Device (HVAD) System is utilized to keep the heart pumping blood to the remainder of the body. The system is implanted in patients’ bodies to bridge cardiac transplants used to help the heart when at risk of death from end-stage left ventricular heart failure. Doctors use these systems for heart tissue recovery or destination therapy (DT) in patients for whom heart transplants are not planned. The manufacturer, Medtronic, Inc., has recalled many batteries because they have welding defects. These defects allow the two cell battery packs to separate. This separation can result in a battery malfunctioning because power is not provided, and the battery cannot sustain a full charge or adequately recharge. The battery can fail suddenly.

A Power Disconnect alarm on the controller scene and in the Alarm Log tab is triggered when a malfunction happens. While these alarms may temporarily resolve, the battery may continue to fail. The result may be death or severe injury. The company has reported one death in connection with the recall, along with two complaints about united in the recalled lot. This year, Medtronic sent an Urgent Medical Device Correction letter to those affected, asking them to identify whether they have an affected battery immediately and to quarantine them accordingly. Doctors have been asked to notify patients with affected batteries and remove them from service; they have been given patient templates to inform patients about the harm. If you believe you may have been affected, you should discuss your situation with your doctor. The company is replacing impacted batteries with new ones and implementing actions to improve the batteries.

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eliquid-gf058e9070_640On June 23, 2022, The U.S. Food and Drug Administration created an order against JUUL Labs Inc. to immediately remove their products from the market. These products are the JUUL itself and their entirety of different JUULpod types: Virginia tobacco and menthol flavored pods, both offered at nicotine concentrations of 5.0% and 3.0% respectively.

The company was added to Marketing Denial Orders (MDOs) with over 250 other similar electronic vapor products. This supports FDA belief that the positive aspect of aiding former smokers to quit does not outweigh the harm to young people, including but not limited to addiction, mental illness, and respiratory conditions.

FDA Commissioner Robert M. Califf, M.D. shared more on what prompted the movement.

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