Vaage Law Offices

San Diego Product Liability Attorneys: This Week’s Child Safety Alert

vaagelaw — Thu, 23 Feb 2012 01:55:04 +0000

As San Diego product liability attorneys, we are well aware of the dangers posed by defective products, particularly to small children. However, in many cases, safety alerts don’t reach parents in time.

With this in mind, we would like to share this week’s child safety alert.

Children’s Slides Recalled by Landscape Structures Due to Fall Hazard

The U.S. Consumer Product Safety Commission has announced a voluntary recall of the Slalom Glider playground slide. According to the recall notice, the slide lacks a transition platform on the top and sides of the chute. Children can fall when moving from the ladder to the slide and when descending the chute.

Unfortunately, CPSC and the firm have received 16 reports of injuries to children under 8-years old. The injuries include one bruised arm, 14 fractures to arms and legs, one fractured collarbone and one bruised spleen.

Given the risk of injury, we urge parents to be on the lookout for these slides at their children’s schools and local playgrounds. The slide was sold to schools and other facilities with playground equipment nationwide between January 2006 and December 2011

According to the CPSC, the Slalom Glider is a distinctive 6-foot high playground slide that is curved in shape and made from molded plastic. It includes an arched, tubular steel access ladder. The recalled product comes as a stand-alone slide or as an attachment to other playground equipment. The recalled products have model numbers 156456 and 172627 and were sold in combinations of colors, including red, blue, tan, green, granite and white.

Consumers should immediately stop children from using the recalled gliders, and owners will be contacted by Landscape Structures regarding removal instructions. Customers will be given the option of replacing the Slalom Glider with another piece of playground equipment, receiving a refund, or receiving credit towards a future purchase.

If your child has been seriously injured by a dangerous or defective product, don’t hesitate to contact a San Diego product liability attorney at the Law Offices of Robert Vaage for a free consultation.

The lawyers at the Law Offices of Robert Vaage in San Diego provide knowledgeable legal representation in the areas of product liability, personal injury/negligence, medical malpractice, elder abuse, and employment discrimination.

San Diego Product Liability Attorneys: This Week’s Drug Recall Alert

vaagelaw — Wed, 22 Feb 2012 01:45:38 +0000

As San Diego product liability attorneys, we are well aware of the dangers posed by defective products. However, in many cases, drug recalls and safety alerts don’t reach the patients that need them the most.

With this in mind, we would like to share this week’s drug recall alert.

RegenArouse Recalled Because Of Potential Health Risks

Regeneca, Inc. has announced that it is conducting a voluntary nationwide recall of RegenArouse (Lot Number 130100) because FDA lab analysis has confirmed the presence of Tadalafil, making these products unapproved new drugs.

While Tadalafil is an FDA-approved drug used as treatment for male Erectile Dysfunction (ED), the active drug ingredient is not listed on the label for these products. As a result, these products may pose health risks to consumers.

Specifically, the drug may interact with nitrates found in some prescription drugs (such as nitroglycerin) and may lower blood pressure to dangerous levels. The FDA has advised that consumers with diabetes, high blood pressure, high cholesterol, or heart disease often take nitrates. Moreover, ED is a common problem in men with these conditions, and consumers may seek these types of products to enhance sexual performance.

RegenArouse was sold over the Internet to consumers in the United States of America and Puerto Rico between November 29, 2011 and February 10, 2012. It is described as a pink capsule sold individually in foil packets, with the expiration date of 12/5/2013 and a UPC code of 816860010079.

According to Regeneca, it had this specific lot of RegenArouse capsules tested at a testing facility and had received a report indicating that no PDE-5 inhibitors or any of their analogues were detected in the capsules. However, the company later learned that there was an error on this test and has thus made the decision to issue a voluntary nationwide recall on this lot of RegenArouse.

Regeneca advises any customers in possession of the RegenArouse product matching the lot number above to return any unused product for an exchange, or a full refund, to the company directly. Customers are advised to call (800) 690-6958 (Monday through Friday from 8am to 6pm Pacific Time) for instructions on the return and exchange/refund process.

If you or someone you love has been seriously injured by a dangerous or defective product, don’t hesitate to contact a San Diego product liability attorney at the Law Offices of Robert Vaage for a free consultation.

San Diego Product Liability FAQ: How Do I Know If a Product Is Defective?

vaagelaw — Tue, 21 Feb 2012 01:41:49 +0000

As we have mentioned on this blog, San Diego product liability lawsuits hold designers, manufacturers, and sellers liable for the harm suffered by buyers and users of defective products. Therefore, it important to understand how to determine if a product or medical device is “defective” in the eyes of the law.

In general, “defects” include flaws in the way a product is designed, manufactured, or marketed. Specifically:

Manufacturing defects – occur in the manufacturing process and when the product fails to comply with the manufacturer’s or the designer’s specifications for safety. They usually involve poor quality materials (e.g., the Toyota recall of the defective acceleration mechanisms in the cars).
Design defects – occur where the product design is inherently dangerous and defective no matter how carefully manufactured. This defect is present from the beginning (e.g., drop-side cribs).
Marketing defects – defects that are flaws in the way a product is marketed; insufficient instructions for usage, improper product labels, or failure to warn about possible dangers of using the product (e.g., the Zicam nasal spray recall, where some users lost their sense of smell and taste subsequent to using the drug).

While these definitions may seem straightforward, product liability cases are often complex and require an attorney with years of experience handling product defect cases. Our product liability attorneys have successfully represented plaintiffs in lawsuits against manufacturers and distributors of defective or unsafe consumer and medical products.

San Diego Product Liability Attorneys: This Week’s Child Safety Alert

vaagelaw — Sat, 18 Feb 2012 03:12:41 +0000

With this in mind, we would like to share this week’s child safety alert.

Bumbleride Recalls Indie & Indie Twin Strollers Due to Fall Hazard

The U.S. Consumer Product Safety Commission and Health Canada have announced a voluntary recall of approximately 28,000 Bumbleride Indie & Indie Twin Strollers.

The recalled Bumbleride Indie strollers are model numbers I-107, I-110 and I-205 with a DOM (Date of Manufacture) from January 2009 through August 2011 sold in multiple colors. The recalled Bumbleride Indie Twin strollers are model numbers IT-108, IT-111, and IT-305 with a DOM from January 2009 through August 2011 sold in multiple colors. The DOM can be found on a white rectangular sticker affixed to the stroller.

According to the CPSC, the front wheel can break at the axle hub, causing the stroller to tip and posing a fall hazard. There have been 36 incidents of the front wheel cracking, including two reports of the stroller tipping over resulting in minor injuries.

The strollers were sold in Buy Buy Baby and other baby product stores nationwide, online at Bumbleride.com, and other online retailers between January 2009 and January 2012 for between $500 and $700.

Consumers should immediately stop using the recalled strollers and contact Bumbleride to receive a free front wheel retrofit kit.

The CSPC also cautions parents who own Indie models (I-110, I-205) and Indie Twin models (IT-111, IT-305) with an adjustable bumper bar to never set the bar in the intermediate (car seat) position when a child is seated in the stroller, as it could pose a strangulation hazard. For more information, visit http://www.bumbleride.com/updates/?p=2175 or call (800) 530-3930.

San Diego Product Liability Attorneys: This Week’s Product Recall Alert

vaagelaw — Fri, 17 Feb 2012 03:10:41 +0000

As San Diego product liability attorneys, we are well aware of the dangers posed by defective products. However, in many cases, safety alerts don’t reach the people that need them the most.

With this in mind, we would like to share this week’s product recall alert.

HP Fax Machines Recalled Due to Risk of Fire

Hewlett-Packard Co. is recalling over a million fax machines after it received seven reports of fax machines overheating and catching fire, the U.S. Consumer Product Safety Commission announced earlier this month.

According to the CPSC, the defect caused one instance of significant property damage and one instance of a minor burn injury to a consumer’s finger.

This recall involves HP Fax 1040 and 1050 models, which were sold from 2004 through December 2011 for between $90 and $120. Some of the recalled fax machines were replacement units for a previous recall involving HP fax model 1010 in June 2008.

Consumers should immediately stop using the recalled fax machines, disconnect them from the electrical outlet, and contact HP for a rebate on the purchase of an authorized replacement HP fax machine or a partial rebate of certain HP ink jet printers.

San Diego Product Liability Attorney: What To Do If You Are Injured By a Defective Product

vaagelaw — Thu, 16 Feb 2012 03:08:15 +0000

Every year, thousands of consumers and patients are seriously injured from defective or dangerous products, medical devices, and drugs. However, most are unsure what to do following an injury. In many cases, consumers and patients don’t realize that they may be entitled to receive compensation for medical expenses, lost wages, loss of physical capacity, pain, suffering and mental anguish.

Products liability lawsuits provide compensation for injuries sustained from the use of a defective product. “Defects” include flaws in the way a product is designed, manufactured, or marketed.

If you or someone you know have been injured by a defective product, it is important to take the following steps:

Keep the product and any packaging, instructions, and labels.
Keep the proof of purchase of the product.
Obtain as much information as possible about the product, including manufacturer information, the model name, and the model number.
Immediately seek medical attention for your injuries.

Finally, it is often advisable to consult with an experienced San Diego product liability attorney. Our product liability attorneys have successfully represented plaintiffs in lawsuits against manufacturers and distributors of defective or unsafe consumer and medical products.

San Diego Product Liability Attorney: Could Stomach Acid Drugs Do More Harm Than Good?

vaagelaw — Wed, 15 Feb 2012 03:05:22 +0000

According to a new warning from the Food and Drug Administration, certain stomach acid drugs may increase the risk of a serious intestinal bacteria infection called Clostridium difficile–associated diarrhea (CDAD).

The drugs in question are know as proton pump inhibitors (PPIs) and include Nexium, Prilosec, Prevacid, and Zegeridfall. They are prescribed to treat acid reflux, stomach ulcers, and other conditions, and work by reducing the amount of acid in the stomach.

According to the FDA, factors that may predispose an individual to developing CDAD include advanced age, certain chronic medical conditions, and taking broad spectrum antibiotics. Treatment for CDAD includes the replacement of fluids and electrolytes and the use of special antibiotics. However, in rare cases, it may require surgery.

The FDA is working with manufacturers to include information about the increased risk of CDAD with use of PPIs in the drug labels. In the meantime, the FDA is offering the following advice for patients and OTC consumers:

Seek immediate care if you use PPIs and develop diarrhea that does not improve. This may be a sign of Clostridium difficile–associated diarrhea (CDAD).
Your healthcare professional may order laboratory tests to check if you have CDAD.
Do not stop taking your prescription PPI drug without talking to your healthcare professional.
Discuss any questions or concerns about your PPI drug with your healthcare professional.
If you take an OTC PPI drug, follow the directions on the package carefully.
Report any side effects you experience to the FDA MedWatch program using the information in the “Contact FDA” box at the bottom of the page.

Doctor Accused of Gross Negligence in California Lap Band Death

vaagelaw — Tue, 14 Feb 2012 03:00:15 +0000

As we have previously discussed on this blog, the safety and effectiveness of Lap-Band devices has been the subject of growing scrutiny here in California and on Capital Hill. In the latest development, the Medical Board of California has faulted a doctor in the 2010 death of a Lap-Band patient.

According to the Los Angeles Times, the medical board has accused Dr. Daniel Shin, an anesthesiologist, of “gross negligence” in his care of patient Tamara Walter, who died three days after she had a Lap-Band surgery. The surgery was performed at a clinic affiliated with the 1-800-GET-THIN ad campaign.

Specifically, the board contends that Shin failed to adequately respond to Walter’s deteriorating condition after surgery and left her with a nurse for more than an hour, despite signs that she was in need of additional care. The medical board also faulted Shin for failing to transfer Walter to a hospital much sooner than he did.

According to the complaint, this is not Shin’s first disciplinary action. He was actually on probation with the medical board at the time of the weight-loss surgery because of a 2007 criminal conviction for assault.

Given the circumstances of the case, the board is requesting that Shin’s medical license be suspended or revoked.

If you or someone you love has suffered from a medical error, don’t hesitate to contact a San Diego medical malpractice attorney at the Law Offices of Robert Vaage for a free consultation.

San Diego Product Liability Attorney: Could Your Power Strip Be Putting You at Risk?

vaagelaw — Sat, 11 Feb 2012 00:22:31 +0000

As the number of electronic devices in our homes continues to grow, more consumers are using extension cords, power strips, and surge protectors. While many meet current safety standards, poorly constructed models can pose serious fire and electrocution risks.

Therefore, as San Diego product liability attorneys, we caution our readers to check their homes for recalled cords and power strips.

Most recently, the Container Store announced a recall of approximately 7,200 brightly colored Lush Life power strips because they fail to meet fire-resistance requirements, posing a fire hazard.

According to Consumer Reports, the recalled power strips have undersized wiring, and the wiring and plastic strip fail to meet the requirements for fire resistance. No incidents or injuries have been reported in relation to this recall.

This recall involves three different designs of brightly colored, six-outlet power strips with model number 8001-6 embossed on the back. The power strips have three-foot power cords. “Lush Life® power strips by design” is printed on the product’s packaging.

Power strip designs include:

Pop Power Strip in Scroll (black with white scroll)
Dot (blue with orange, white and lime green dots and a lime green cord)
Zebra (black and white zebra stripes)

The recalled power strips were sold for about $15 at The Container Stores nationwide and on containerstore.com from October through December 2011.

Consumers should stop using the defective product immediately and return the power strips to any of The Container Store locations for a full refund plus a $15 merchandise card.

San Diego Product Liability Attorneys: This Week’s Drug Recall Alert

vaagelaw — Fri, 10 Feb 2012 00:13:09 +0000

With this in mind, we would like to share this week’s drug recall alert.

Pfizer Birth Control Recalled Due to Incorrect Tablet Count or Sequence

Pfizer Inc. has announced that it has voluntarily recalled two popular birth control medications. Specifically, the drug maker is recalling 14 lots of Lo/Ovral®-28 (norgestrel and ethinyl estradiol) Tablets and 14 lots of Norgestrel and Ethinyl Estradiol Tablets (generic) for customers in the U.S. market.

According to the Food and Drug Administration, an investigation by Pfizer found that some blister packs may contain an inexact count of inert or active ingredient tablets and that the tablets may be out of sequence. This product is distributed to warehouses, clinics and retail pharmacies nationwide.

As a result of this packaging error, the daily regimen for these oral contraceptives may be incorrect and could leave women without adequate contraception, and at risk for unintended pregnancy. These packaging defects do not pose any immediate health risks. However, consumers exposed to affected packaging should begin using a non-hormonal form of contraception immediately.

Patients who have the affected product should notify their physician and return the product to the pharmacy. Correct dosing of this product is important in avoiding the associated risks of an unplanned pregnancy.

These products are packaged in blister packs containing 21 tablets of active ingredients and seven tablets of inert ingredients. The impacted lot numbers are available here.