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Posts tagged "defective product"

Patient Receives $12.75M after Device Breaks during Brain Surgery

Michael Brassloff was 71 years old when he underwent surgery to remove a benign tumor at Thomas Jefferson University Hospital. During the procedure, the two-millimeter tip of a carbon dioxide-cooled laser probe snapped off after it was inserted through a hole in Mr. Brassloff's skull. As a result, the pressurized carbon dioxide drilled directly into Mr. Brassloff's brain. The force was eight times more powerful than that of a nail gun.

Austin Woman Files Lawsuit Against Firearms Dealer After Defective Pistol Causes Permanent Injuries

On February 18, 2020, a woman filed a complaint in the U.S. District Court for the Western District of Texas Austin Division against J&G II, Inc. d/b/a J&G Sales LTD, a firearms dealer, after suffering permanent injuries because the pistol sold by the dealer spontaneously discharged. The woman alleges causes of action for products liability, negligent marketing, and breach of implied warranties, among others in her complaint.

Class-Action Lawsuit Filed Against Evenflo Company, Inc. for Making Misleading Safety Claims Regarding Its "Big Kid Booster Car Seat"

A California man has filed a nationwide class-action lawsuit against Evenflo, alleging that Evenflo sold its "Big Kid Booster Car Seat" with misleading advertising and safety claims. The lawsuit alleges that Evenflo advertised its car seat as "side-impact tested" and safe for children weighing less than 40 pounds. However, Evenflo's testing actually revealed that a side-impact collision was likely to lead to the serious injury or death of the occupant.

Infant Sleepers Recalled Because of Risk of Suffocation

Graco, Summer Infant, Evenflo, and Delta Children are recalling more than 165,000 infant sleepers because they pose a risk for suffocation for babies. The recall notices posted on the U.S. Consumer Product Safety Commission website state, "Infant fatalities have been reported with other manufacturers' inclined sleep products, after the infants rolled from their back to their stomach or side, or under other circumstances." Parents are advised to immediately stop using the products and to contact the companies for refunds. There have not been any reported deaths related to the newly recalled products; however, at least 73 infant deaths have been linked with the inclined infant category.

Another Massive Recall on Infant Incline Sleepers

In 2019, a mother of an 11-month old baby girl found her little one lifeless in her inclined sleeper bed. The baby girl had rolled in the sleeper and was unable to breath, causing a lack of oxygen in her body and brain.

Galveston Couple Sues Honda and its Dealership Because of an Acura that Burst into Flames

On November 26, 2019, a couple from Galveston filed a complaint in the Harris County District Court against American Honda Motor Co., Inc. and one of its Dallas automotive dealerships. They allege that their Acura, idling in their driveway, started to spill smoke and burst into flames shortly after, also causing other damages.

Is Amazon Liable for Injuries Caused by Products Sold by Third-Party Merchants?

In early 2020, the Third Circuit Court of Appeals in Philadelphia will decide whether Amazon is responsible for injuries caused by a defective dog collar sold by a third-party merchant which left a woman legally blind in one eye. In January 2015, Heather Oberdorf was walking her dog when the dog unexpectedly lunged, causing the D-ring on the dog's collar to break and the leash to recoil back. The leash hit Oberdorf in her face leaving her permanently blind in her left eye. Oberdorf purchased the dog collar on Amazon.com. Following the incident, both Oberdorf's attorneys and Amazon's private investigator made several unsuccessful attempts to locate the owner of the Nevada based company that sold the collar. Oberdorf then sued Amazon for strict products liability and negligence. Amazon defended on the basis that they are a services provider and not responsible for defects in products that third parties sell on their site.

A Houston Resident Sues Monsanto Following Cancer Diagnoses

On October 31, 2019, a Houston woman filed a complaint in the Lufkin Division of the Eastern District of Texas against Monsanto Co., alleging that its Roundup product contributed to her non-Hodgkin's Lymphoma.

More Vehicles Using Takata Airbags Are Recalled

In addition to the tens of millions of vehicles with Takata airbags already under recall, a separate group of 1,400,000 vehicles were recalled on December 4, 2019 because of defective Takata airbags. Takata is recalling vehicles containing certain Non-Azide Driver airbag inflators that were used in some brands of 1995-2000 vehicles. These inflators may absorb moisture, causing the inflators to rupture or the airbag cushion to underinflate due to a manufacturing issue.

Juul Allegedly Shipped at Least One Million Contaminated Pods

E-cigarette retailer, Juul, was recently sued by an ex-senior vice president for retaliation because he raised concern over Juul's decision to sell contaminated pods to the public, according to the lawsuit.

  • $50+ Million Personal Injury Fire and Explosion

    The firm successfully represented nearly 100 victims who suffered personal injuries and damages to property from a large fire and explosion resulting in a settlement of more than $50 million. The firm served as lead lawyers on the steering committee in this litigation.

  • $80 Million Personal Injury Large Plant Explosion

    The firm successfully represented 270 plaintiffs, taking a lead role in the plaintiffs’ steering committee, who suffered injuries in a large plant explosion resulting in a settlement of nearly $80 million.

  • $50+ Million Personal Injury Plant Fire and Explosion

    The firm successfully represented 45 personal injury victims in a plant fire and explosion, serving on the plaintiffs steering committee, concluding with a settlement of more than $50 million.

  • $22+ Million Personal Injury Work Site Accident

    The firm prevailed in a personal injury trial for a worksite injury client with the jury returning a verdict and resulting in a judgment of over $22 million for the firm’s client.

  • $12 Million Auto Accident 18-Wheeler Collision

    The firm successfully achieved a $12 million settlement for the family of a man who died in an 18 wheeler collision.

  • $30 Million Personal Injury Burn Victims

    The firm prevailed on behalf of three burn victims with settlements totaling nearly $30 million.

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