Articles Posted in Product Liability

Between January 2003-December 2021, 284 entrapment deaths were reported in connection with adult portable bed rails. The United States Consumer Product Safety Commission (CPSC) is taking steps to protect vulnerable consumers from becoming injured through entrapment with these rails. To that end, it has released a new federal mandatory safety standard. If your loved one suffered suffocation or other injuries through entrapment because of adult portable bed rails, you should consult the experienced Chicago-based product liability lawyers of Moll Law Group about whether you have a viable claim for damages. Billions have been recovered in lawsuits with which we’ve been involved.

Consult Moll Law Group About a Bed Rail Claim

The CPSC has voted to adopt a mandatory safety standard for adult portable bedrails in order to address the risk of entrapment, and thereby reduce the number of injuries and deaths. The standard mandates certain steps be taken in connection with all adult portable bed rails sold in the country and manufactured after the effective date. First, the standard institutes a mandatory performance requirement. Second, companies are supposed to use a certain test procedure to reduce the changes of entrapment and other dangers linked to the use of adult portable bed rails.

Issues with Philips Respironics’ CPAP machines, ventilators and other respiratory devices led to a major recall of certain models. The FDA received reports that the polyester-based polyurethane (PE-PUR) foam used in these breathing support device. Recently, the recall notice was updated with important new information. Over the past year, the FDA has received over 69,000 complaints with regard to Philips’ recall of its breathing support devices. This is an incredible number of complaints, particularly since the company had gotten only 30 similar reports in the ten years before the product was recalled in June 2021. Most post-recall complaints came in within the last 3 months when it updated its safety notice for the recall. If you were injured as the result of a Philips breathing support device, call the trustworthy Chicago-based lawyers of Moll Law Group. We represent clients around the country in these breathing support device cases, and other lawsuits involving defective products. Billions have been recovered in lawsuits with which we’ve been involved.

Consult Moll Law Group About Your Case Against Philips

In March, the FDA had ordered the manufacturer Philips Respironics to let all impacted users, distributors, suppliers, and retailers know that breathing support devices had been recalled. The recall was based on the breakdown of polyester-based polyurethane foam used to dampen sound and vibrations in the devices. This could send foam particles and chemicals into the patient’s airstream. The agency had noted that the manufacturer’s efforts to let consumers know up to that point had been insufficient.

Later, Philips expanded the recall to include more devices containing foam; the recall affected around 5.5 million machines made between 2009-April 2021. Most of the 48,000 post-recall medical device complaints came in between May 1- July 31. Death associated with using the breathing support device was reported 44 times. More than 300 separate lawsuits were filed as of August 15. For comparison, there were around 21,000 device reports, including 124 deaths connected to the recall in April 2022.

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Instant Pot is an extremely popular kitchen appliance, a multicooker that allows consumers to make large meals easily. Recently, however, Instant Brands, the parent company of Instant Pot, Corning Ware, and Pyrex, filed for Chapter 11 bankruptcy. The multicooker market has become saturated after years of good sales and demand during the pandemic—it was the top selling unit on Amazon Prime Day in 2015 with 215,000 orders and bloggers wrote and generated trend pieces about it. After an initial surge of demand during the pandemic, the pot is no longer doing well. The item isn’t seen as a kitchen accessory, and Instant Brands has made a number of other products, such as air fryers and coffee machines, to expand its line; they have not been as popular. In the 12 month period ending in April 23, the sales of Instant Pot and other multicookers fell by 20% compared to the 12 month period prior. If you were injured by Instant Pot, you may have a claim. You should call the seasoned Chicago 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 Instant Pot or Other Product Liability Claim

With mass litigation, each plaintiff is treated as an individual with individual damages. These damages may be essential to plaintiffs and their families who have suffered serious injuries as a result of using a defendant’s product. Treating plaintiffs as individuals with clearly independent claims for damages differentiates mass litigation from class actions, in which many plaintiffs join a single lawsuit. Mass litigation can force companies to change policies that harm consumers or others. Corporations that do not want to change claim that the system is broken and try to use bankruptcy to manage the claims against it, rather than allow these claims to go before a jury.

It’s not clear what the outcome will be of the Chapter 11 bankruptcy. Sometimes companies do get financially stable through the bankruptcy reorganization process. This process can allow the company to get rid of liabilities. However, the process often fails, too, and may take on more debt and need to file for liquidation under Chapter 7.

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Recently, U.S. Bankruptcy Judge Jeffrey Graham ruled that the many thousands of military veterans who have sued 3M after suffering hearing loss in connection with its earplugs may proceed with litigating their claims notwithstanding the 3M subsidiaries’ declaration of bankruptcy. The ruling came as a surprise; it has broad implications for product liability lawsuits in which defendants hope to avoid liability in an MDL by strategically filing for bankruptcy and forcing a global settlement. Meanwhile, the company’s shares have been dropping. At Moll Law Group, our trustworthy Chicago-based product liability lawyers have been involved in numerous cases in which plaintiffs recovered billions in damages awards and judgments. It may be appropriate for our attorneys to pursue a product liability claim against 3M on your behalf if you believe that its defective earplugs are the reason for your hearing loss or other hearing difficulties. The earplugs may be defective in terms of their marketing, manufacturing, or design.

Call Moll Law Group About Your 3M Claim

3M’s Aearo subsidiaries had filed for bankruptcy to get out of the MDL process in connection with earplugs that plaintiffs believe are defective. The plaintiffs in these cases are largely veterans who have fought back against global settlements that may be too low by pointing to the defendants’ abuse of the bankruptcy process. The MDL judge left decisions about 3M’s bankruptcy in relation to the MDL to the bankruptcy court; he refused to rule on the merits of using bankruptcy court as an alternative to the MDL process.

The Centers for Disease Control (CDC) has reported another death related to contaminated eyedrops that have been recalled. In March, there were only 68 reported deaths—now there are 81 cases, and the CDC expects these numbers to rise, notwithstanding the recall of the product earlier this year. Four people have died, according to these reports. Fourteen people were blinded and four required surgical removal of their eyeballs. Eye infections can turn fatal once the bacteria that caused the infection enters the bloodstream. Catastrophic injuries involving one’s eyes can dramatically change not only vision, but also the contours of a life. If you were injured or a loved one died due to recalled eyedrops, call the seasoned Chicago-based attorneys of Moll Law Group. Billions have been recovered in cases with which we’ve been involved.

Consult Moll Law Group About Your Contaminated Eyedrop Case

Patients who reported problems had often used many different brands of eyedrops, which made it more challenging to narrow down the contaminated brand. The most commonly used brand, however, was EzriCare Artificial Tears. The open bottles of these eyedrops contained the same bacteria that patients’ samples contained. This bacteria is a particular strain of Pseudomonas aeruginosa that is difficult and sometimes impossible to control with ordinary antibiotics. Prior to this last year, this specific strain of the bacteria hadn’t been reported in the country, but it’s now found in 18 states.

Global Pharma Healthcare in India manufactures the EzriCare products, and they are sold online. Both the CDC and FDA have asked consumers to stop using these products, along with other eye products made by the manufacturer, Delsam Pharma’s Artificial Tears and Delsam Pharma’s Artificial Eye Ointment.

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Recently, the United States Consumer Product Safety Commission (CPSC) issued a notice that Target is recalling nearly 5 million candles. Reportedly, around 4.9 million Threshold-branded candles in glass jars have a flaw that causes consumers to suffer laceration and burn hazards. The candles come in a range of sizes and scents, including apple blossom and breeze, warm cider and cinnamon, and water mint and eucalyptus. If you were injured or a loved one died because of the Threshold-branded candles or similar candles in glass jars, call the seasoned Chicago-based product liability lawyers of Moll Law Group.

Contact Moll Law Group About Lacerations and Other Injuries from Recalled Candles

The recalled Threshold products were sold only in Target stores and on their online website from August 2019 -March 2023.They cost $3 -$20. The sizes that were affected are: 5.5 ounces with 1 wick; 14 ounce 3-wicks, and 20 oz. 3 Wick Candles. At the bottom of the glass jars are the recalled item numbers.

Since the candles arrived on the market, consumers have provided 137 reports of injury to Target. The complaints were made about the breaking and cracking of the recalled glass jars while they were being used. Six injuries — which included lacerations and severe burns — were reported.

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Tylenol is a pharmaceutical drug that is commonly found in homes. Unfortunately, research shows a link between Tylenol and autism, and other neurological conditions like ADHD. Acetaminophen litigation has grown, with lawsuits filed around the country. A new Tylenol autism multidistrict litigation has been certified in federal court and will be home to the hundreds of Tylenol autism lawsuits against retailers and manufacturers of Tylenol and acetaminophen equivalents going forward. If your child developed autism and you suspect it is the result of you using Tylenol while pregnant with him or her, you should the seasoned Chicago product liability attorneys of Moll Law Group. Billions have been recovered in lawsuits with which we’ve been involved, and we represent plaintiffs around the country.

Contact Moll Law About Your Tylenol Autism Lawsuit

Medical research shows that exposure to Tylenol in-utero may be associated with higher rates of neurological issues such as autism and ADHD. The goal of the Tylenol autism multidistrict litigation (MDL) is to obtain a global settlement featuring reasonable amounts distributed to affected children and their families. Due to the cases being brought together in an MDL, any case, regardless of whether it has been filed in federal court in another state, will be transferred to pretrial discovery in the Southern District of New York.

One purpose of hearing these cases together in an MDL is to resolve common factual and legal questions related to this type of harm and avoid the inconsistent results that could arise from the cases being heard entirely separately by different judges and courts around the country. Johnson & Johnson, the manufacturer of Tylenol, recently brought a motion to dismiss the Tylenol autism claims based on the preemption doctrine. Their brief argued that any claims brought by the plaintiffs are preempted by the federal laws and FDA regulations that cover the drugs.

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The United States Consumer Product Safety Commission (CPSC) announced that Rollerblade has identified 11 reports in which a brake support on inline skates broke off a skate or developed a fracture that affected its purpose. The skates at issue are youth inline skates, which means that children are at risk of injury when using them, even though no injuries have been reported in connection with the fractured brake supports so far. If your skate is affected, you should call Rollerblade USA to get a free replacement brake support. However, you should also be aware that if your child was injured as a result of the recalled inline skates, you and your child may have a legal claim and you should call the seasoned Chicago-based lawyers of Moll Law Group.

Call the Moll Law Group About a Rollerblade Defect

The affected inline skates are the Rollerblade Fury Black/White and Fury G Black/Pink. The skates came in adjustable sizes: 12J-2, 2-6, and 5-8, and were sold from May 2020 – March 2023. Customers bought them for roughly $150 in a range of sporting goods stores such as REI and Inline Warehouse, along with Paragon Athletic Goods. Online, they were purchased on Amazon, Dicks Sporting Goods, Inline Warehouse and Rollerblade. Additionally, one version of the skate that has gray brake pads was sold to be used in rental facilities and schools.

The frame of the skate has “Rollerblade” printed on it, and this is also printed on the power strap and on the wheels. If your skate is affected, it will have the following SKU number on its tongue: FURY B BKWH 07067000787 or FURY G BKPK 070671007Y9. The recall includes a service part: the Fury brake support that it came with.

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Around 43,380 2-in-1 Outdoor Kids’ Swings were recalled on March 30, 2023. The recall was instituted because the swings’ restraint straps can break, presenting the danger of injuries and falls to small children. If your child was injured as a result of a defective strap on a kids’ swing, you should call the seasoned Chicago-based lawyers of Moll Law Group. We represent children and their families around the country. Billions have been obtained in cases with which we’ve been involved.

Call Moll Law Group About Your Defective Outdoor Swings

The manufacturer Delta Enterprise Remedy has advised consumers to immediately stop letting their children play on their recalled swings. They’ve been recalled using the fast track recall process. If you have one of the affected swings, you should also contact Delta Enterprise Corp, which will provide free replacement straps.