Alabama Product Injury Lawyer Blog

Some important issues have arisen in recalls over the past week, so let's get to it.

1. Hydroxycut Products: Last week I wrote this post on the day many of Hydroxycut's products were withdrawn from the market. There is an indication that ingestion of various of the Hydroxycut products can lead to kidney and liver damage. It can also cause a condition called rhabdomyolysis. I am familiar with this condition because it was a condition caused by another drug pulled off the market in 2001, Baycol, a statin, anti-cholesterol drug. If not caught early on, this condition, which starts with muscle ache and pain, and can later cause one to have cola colored urine, can shut down the kidneys and ultimately lead to death. These are serious consequences which can occur as a result of taking this over the counter "supplement". Here is a link to the FDA's Q & A page on the recall of Hydroxycut, as well as an article explaining about the FDA's lack of oversight of the supplement world from BNET Pharma website. .

2. Defective Chinese Drywall: Although not the subject of an actual recall, I have had several posts addressing this problem and just wanted to provide a brief update. According to the Sarasota Herald Tribune, earlier this week, on both the House and Senate side, requests were made to provide the Consumer Product Safety Commission $2 million for it to move forward on testing of Chinese Drywall, as well as providing of public information. This continues to be a significant safety issue and although not the subject of a recall as of yet, that appears to be where this is heading. Additionally, Consumer Reports indicates that the Florida Attorney General has become aware of scams which have arisen as a result of the defective Chinese drywall. These include companies promoting bogus tests to determine if you have the product, as well as quick cure remedies that falsely claim to get rid of the problems with the drywall. Leave it to the scam artists to take advantage of people who are already facing serious problems with their greatest financial investment....their home.

3. Jardine Cribs: Its happening again. Jardine cribs have been the subject of two prior recalls. Now a third recall of about 96,000 cribs that have been sold in places such as Toys "R" Us, Babies "R" Us and KidsWorld. It is reported that the side slats on the crib can break, which can cause a gap that can allow a baby to get his or her head stuck and may lead to strangulation. There have been 31 reports of the slats breaking, including 2 reports of children getting stuck in the gap caused by the broken slat. 7 models are included in this recall and are shown on this page from the CPSC. If you do have one of these recalled cribs, you should stop using it immediately and call Jardine and you will receive full credit toward the purchase of another crib.

4. Under Armour Athletic Cups: On this one, as a guy, all I can say is "OUCH"! Under Armour is recalling over 200,000 of its Athletic Cups as they can break when hit, posing a risk of serious injury to the guy wearing it. Bottom line, it doesn't' do what it is suppose to do....protect the "family jewels" as my junior high gym teacher use to say. This recall involves all athletic cups that have the Under Armour logo, including youth and teen sizes. These cups were sold between January 2006 and March 2009. If you have one of these cups, stop using it immediately and contact Under Armour and they will provide you a $20 voucher for use online or at its stores. For more information, see Under Armour's website here.

5. Haier Toaster Oven/Broilers: The Haier Toaster Oven/Broiler is being recalled because of problematic electrical connections which can come loose and cause electrical shock and burns. There have been over 100,000 of these Toaster Ovens sold between September 2006 through January 2009. The model number that is a problem is RTO1400SS. For a picture of the Toaster Oven in question, see here. If you have one of these Toaster Ovens, stop using it immediately and contact Haier to get a free replacement.

That's all I have for you this week. Please be careful out there. If you have had any issues with the products talked about above, or any other products, please contact me and I will be happy to discuss it with you. I will help in anyway I can.

Posted by Craig P. Niedenthal | Permalink | Email This Post | Comments (0)

Posted In: Consumer Products , Drywall , Hydroxycut , Other Products , Recalls , Recalls of the Week

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I know, I know, its been a couple weeks since I have posted. Crazy couple of weeks with new cases coming in and cases to be filed. Also, posted first class on products liability litigation at Solo Practice University if you want to take a look see around. Anyway, here's what's been going on in the world of recalls the last couple weeks:

1. Toxic Chinese Drywall: Although officially not recalled, there has been so much going on with this drywall which was made in China and has shown up in homes throughout the nation, I felt it necessary to give you a quick update. My previous posts on the Chinese Drywall by Knauf can be found here and here. The Wall Street Journal published an article this past Friday, summarizing the status of the investigation. This includes 2 U.S. Senators proposing a temporary ban on certain Chinese manufactured drywall and an investigation ongoing in China itself about this problem. There is evidence that sulfur-based gasses are coming from the drywall which may make existing sinus conditions worse and cause upper respiratory problems. The article indicates that at this point it appears that about 309 million square feet of drywall from China was imported between 2004 and 2007. This is enough to build about 35,000 homes, but more than that could be involved given that some homes could have been built with a mixture of both domestic based and Chinese drywall. Please be sure to check out the comments to the Wall Street Journal article. It provides some good insight in to the issue. Here is a link to a website (www.helpchinesedrywall.com.)created to give up to the minute info on the status of the investigation. If you have any questions or issues about your legal rights relating to the issue, please feel free to contact me. I am in the process of reviewing and evaluating potential claims and lawsuits related to this problem.

2. Pistachio Nut Containing Products: This recall has been going on for several weeks now. Although not as extensive as the peanut recall, many pistachio containing products have been pulled from the market. In summary, the FDA and the California Dept of Public Health are investigating Salmonella contamination in pistachio and pistachio containing products put out by Setton Pistachio in Terra Bella, CA. All lots of roasted in-shell pistachios and roasted shelled pistachios produced from nuts harvested in 2008 are being recalled. For a discussion of overall status of the investigation, see here. For an updated listing of all the pistachio containing products presently involved in this recall, see here. My advice, for what its worth, to the extent you can avoid it, hold off eating pistachios and products containing the nut until this is cleared up.

3. Senseo One-Cup Coffeemakers: Philips' Senseo One-cup Coffeemakers are being recalled because they have an electrical fault which interacts with the build-up of calcium from hard and medium water used in the unit. It can cause the boiler to burst, potentially leading to a burn hazard to the user. This involves a recall of about 155,000 units. The models include HD7810, 7811, 7815, 7820, 7832 and 7890. For more specific information about which models and units are included, see here. The coffee makers were sold at Wal-Mart, Target and Safeway stores between July 2006 through March 2009. You should immediately stop using the unit and contact Phillips for a free replacement unit.

4. Fitness Balls: This is one near and dear to my heart as I use these fitness balls in the gym about 3 times a week and love working with them. Approximately 3 million...that's right MILLION of these balls under the names Bally Total Fitness, or Everlast, or Valeo or Body Fit, are being recalled because if overinflated, they can burst and the user can fall to the floor....OUCH! The recall indicates the manufacturer, EB Brands, has received about 47 reports of the balls bursting leading to fractures and bruises. According to the report, the balls involved are the 55, 65 and 75 cm diameter sizes. If you have one of these balls, and you may want to mention to your local gym, you need to contact EB Brands to get a copy of updated instructions on how to safely inflate the balls. See EB's website for a description of how to properly inflate the balls. Maybe take a copy over to your local gym to help them out.

5. GM recalling 1.5 million Mid-Sized Cars: GM did not need this in the process of trying to bail out water (pardon the pun) as it struggles to stay alive. Although, these types of issues, i.e. massive recalls, help to lead to people looking at other manufacturers for more reliable vehicles. Involved in this recall are the 97-2003 Buick Regal; 98-2003 Chevy Lumina, Monte Carlo and Impala; 98-1999 Oldsmobile Intrigue; and 97-2003 Pontiac Grand Prix. The recall has to do with heating of the manifold and can lead to an engine compartment fire. For more specific information, see NHTSA's website. You are instructed to contact a dealer (if your dealer hasn't gone out of business already) who will remove the spark plug retention channel in front of the engine and install 2 new spark plug wire retainers at no charge. However, the recall doesn't begin till May, but try calling now to set that appointment.

That's what I have for you this week. If you need any guidance or further information on any of these recall, or any other products you are having problems with, feel free to contact me. Until next time, be careful out there.

Posted by Craig P. Niedenthal | Permalink | Email This Post | Comments (0)

Posted In: Drywall , Other Products , Recalls , Recalls of the Week , Solo Practice University

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Sounds like another problem is brewing in the home construction world similar to what we saw over the last several years with the Dryvit product, a synthetic stucco material applied to the surface of many homes built in the south. Recently, starting in Florida, there have been many reported instances of "toxic" drywall being used in the construction of homes which have lead to several class actions being filed in Florida and several other southern states. Time Magazine reports that toxic levels of chemical pollutants such as sulfur are being emitted from the contaminated drywall which was made in factories in China. During the recent building boom starting in about 2005 and continuing up to last year, there was a shortage of drywall so builders looked to Chinese companies and it is estimated this drywall has been used to build about 60,000 homes in at least 12 states. It is reported a good portion of these homes were built in Florida.

The problems reported by the owners of homes built with this drywall include a strong smell of "rotten eggs" in the home, nosebleeds, headaches, sore throats new air-conditioner systems having their copper-coils corroded in short time, wires in outlets, appliances and lamps going bad, as well as wood products. Cnn.com reports that the Florida Department of Health is evaluating and testing for this issue and has yet to reach final conclusions. The initial testing has indicated trace levels of sulfur based material which is not in the U.S. manufactured drywall. There is some indication that the combination of heat and humidity that is seen in places like South Florida where many of these homes are located, is bringing these problems to the surface. The Consumer Products Safety Commission is beginning its own analysis of this potential problem.

I will continue to post updates on this issue. If you have any information on this problem please forward it to me and I will try and address or post it here for others to address.

Posted by Craig P. Niedenthal | Permalink | Email This Post | Comments (0)

Posted In: Drywall , Other Products

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