Lowell Steiger's Los Angeles Law Blog

Warning! Refinishing Your Bathtub Could Kill You

    How scary is this?  Beautifying your bathtub could lead to death.

    It turns out that 13 bathtub refinishers have died in the last 12 years as a result of methylene chloride stripping agents.  According to an article in Health Day, "All of the deaths occurred in residential bathrooms with inadequate ventilation. The victims either did not use protective respiratory equipment or the equipment they used did not protect against methylene chloride vapor, according to the report in the Feb. 24 edition of the Morbidity and Mortality Weekly Report, published by the CDC."

CDC Report Links Death to These Products

    The Centers for Disease Control Report lists the following products in relation to the death of 13 people since 2000

• 5F5 Paint and Varnish Remover
• Benco #B4 Industrial Paint Remover
• Dayco Marine-Strip Heavy Duty Paint Remover
• Eldorado Paint Remover – 4028
• Klean-Strip Aircraft Remover
• Klean-Strip Premium Stripper
• Recochem Paint and Varnish Remover
• Rust-Oleum Aircraft Remover
• SEM XXX Finish Stripper
• Tal-Strip II Aircraft Coating Remover

      

Failure to Warn

    Here's the problem: According to the Health Day article, "Ten different products were associated with the deaths, with six marketed for use in the aircraft industry and the others for use on wood, metal, glass and masonry. Bathtub refinishing was not mentioned on any of the product labels."

    So, if the bathtub refinishers didn't know that the product posed a danger, how could they have prevented their own demise?  Bottom line is this: A manufacturer has a duty to properly label their products and to warn potential users victims of the known dangers.  How simple would it have been to just say "Warning: Must Be Used in a Well-Ventilated Area"? 

    And, now, 13 people are dead.

    This is potentially a huge products liability problem for the manufacturers, distributors, wholesalers and retailers of these products.  The bathtub refinishers have left behind families who may have the right to compensation for the loss of their loved one.

    You or your family's rights may fall into several arenas: Product liability including wrongful death and/or Workers Compensation (also including wrongful death).

Related Links

UPI: Chemicals Kill Bathtub Refinishers

National Institute of Health: Poisoning caused by paint stripping agents containing dichloromethane

Kentucky Labor Board: Chemical Exposure to Methylene Chloride Results in 13 Worker Deaths

My Blog: Product Liability Articles

Justice For Your Injuries or Loss of a Loved One

If you have lost a family member or have been injured by chemicals used to strip bathtubs,  you may have a right to compensation. 

If you have a family member or close friend that has been injured or died and suspect that it is as a result of the paint stripping agents discussed in this artiel, tell them to contact me to evaluate your concerns and provide you with the utmost in legal guidance.

Contact Attorney Lowell Steiger to Discuss Your Legal Rights

Your Consultation is FREE

(323) 852-1100

(877) 487-8221

e-mail lowell@steigerlaw.com

 

DePuy Hip Replacement Failures Lead to Massive Recall

People with a DePuy ASR hip replacement implant are experiencing a high rate of failure and pain associated with this device, sometimes shortly after surgery.  See New York Times Johnson & Johnson Recalls Hip Implants

 

People with the DePuy ASR have filed lawsuits because, despite reports of injury with this device, the manufacturer failed to inform doctors and patients of the known risks associated with this device and waited to issue a DePuy recall until August 2010.

The Manufacturer of the DePuy ASR has Issued a DePuy Recall Due to a High Rate of Failure (Bloomberg). The DePuy ASR is a Metal on Metal (MoM) prosthetic device consisting of a ball and corresponding socket implanted in thousands of patients around the world during hip replacement surgery. DePuy Orthopaedics, Inc., the medical device maker and part of the Johnson & Johnson Family of Companies, marketed this hip prosthetic in a “resurfacing” version called DePuy ASR Hip Resurfacing System and as total hip replacement called the DePuy ASR XL Acetabular System.

Since 2008, there have been more than 300 complaints about this device filed with the U.S. Food and Drug Administration (FDA), with more than 90% of these cases requiring another hip replacement surgery to replace the defective implant. Still, there was no DePuy recall.  See FDA Warning Letter to DePuy Orthopaedics, Inc. 

The design of the device made it difficult for surgeons to implant, causing improper fusing with the bone and loose implants. Friction from movement of the metal on metal socket also creates metal shavings or debris in the soft tissue surrounding the device, causing pain, inflammation and necrosis or tissue death. This damage and inflammation can cause severe pain and disability, can be irreversible and complicate future replacement surgery. MoM hip implants, such as the DePuy ASR also release metal ions into the body.

In 2009, the manufacturer voluntarily removed the DePuy ASR from the Australian market due to the device’s high failure rate, but they failed to issue a DePuy recall in the U.S. and doctors unknowingly continued use of the devices for patient’s hip replacement surgery. The company notified U.S. physicians about the Australian higher than anticipated failure rates in a March 2010 letter, only advising physicians that proper surgical positioning of the implant was essential.

On August 26, 2010, DePuy Orthopaedics, Inc. finally issued a DePuy recall, citing that 12%-13 % of patients with these defective implants would need to have a revision surgery.

Justice For Your Injuries 

If you or a family member or close friend has undergone a DePuy hip replacement that has been the subject of this recall, you may have the right to file a lawsuit against the manufacturers (namely Johnson & Johnson and DePuy Orthopaedics, Inc.).

Contact me to evaluate your concerns and provide you with the utmost in legal guidance.

 

Contact Attorney Lowell Steiger to Discuss Your Legal Rights

Your Consultation is FREE

            (323) 852-1100      

            (877) 487-8221      

e-mail lowell@steigerlaw.com

 

Actos Users Beware: Danger of Heart Attacks, Bladder Cancer

The dangers of the Type II Diabetes drug Actos have led to a plethora of lawsuits around the United States.  What are the possible side effects of Actos?

 

 
New or worsening heart problems

(including congestive heart failure)

Bladder Cancer

The side effects are of such a serious nature that a new WARNING was issued by FDA in June 2011.  Here's a direct quote from the FDA Warning:

"The U.S. Food and Drug Administration (FDA) is informing the public that use of the diabetes medication Actos (pioglitazone) for more than one year may be associated with an increased risk of bladder cancer. Information about this risk will be added to the Warnings and Precautions section of the label for pioglitazone-containing medicines. The patient Medication Guide for these medicines will also be revised to include information on the risk of bladder cancer."

Available only by medical prescription, Actos (pioglitazone) is in a class of medications called thiazolidinediones. Patients may have taken this drug under the brand name Actos or under the brand names Actoplus Met (pioglitazone and Metformin) or Duetact (pioglitazone and glimepiride) for combination products.

More than two million Americans with Type 2 Diabetes take Actos and many are increasingly concerned about Actos side effects. It is the most prescribed medication for the treatment of Type 2 Diabetes generating $3.4 billion in sales in 2009. However, recent studies show a link between Actos and bladder cancer. Some Actos users are considering the filing of an Actos lawsuit for their injury.

 

The U.S. Food and Drug Administration (FDA) first issued a Warning in September 2010 about Actos and bladder cancer after reviewing data from a ten-year study conducted by Takeda Pharmaceutical Company, the drug manufacturer. Data showed a link between Actos and bladder cancer. People taking the highest doses of the drug, or had taken the drug for a long time, were most at risk for bladder cancer Actos side effects.

Before the labeling change, patients taking Actos may not have known about or understood the link between Actos and bladder cancer. They may even be have bladder cancer symptoms and not realize they are Actos side effects.

Justice For Your Injuries 

If you have Type II Diabetes and took (or are taking) Actos and suffered any of the side effects mentioned here - new or worsening heart problems (including congestive heart failure) or bladder cancer - you may want to file a lawsuit against the manufacturers of Actos.

If you haven't taken Actos yourself but a family member or close friend has, tell them to contact me to evaluate your concerns and provide you with the utmost in legal guidance.

Contact Attorney Lowell Steiger to Discuss Your Legal Rights

Your Consultation is FREE

            (323) 852-1100      

            (877) 487-8221      

e-mail lowell@steigerlaw.com

 

NuvaRing Vaginal Contraceptive: Blood Clots, Heart Attacks, Strokes, Death

NuvaRing is a combination hormonal contraceptive ring that is inserted into a woman's vagina to prevent pregnancies. The FDA approved its use in October of 2001 but the product, which is manufactured by Organon USA, wasn't introduced into the market until July 2002.
The flexible polyethylene ring contains estrogen and a form of progestin. The ring is used by over 1.5 million women around the world. NuvaRing is considered a third generation contraceptive and was initially said to have fewer side effects.

How NuvaRing Works

The NuvaRing works by releasing a steady dose of the hormones into the bloodstream where it is absorbed through the vaginal wall. Women wear the ring for three weeks and then it is removed for one week. This prevents the ovaries from producing an egg, the uterus lining thins out preventing a fertilized egg from being implanted and the thickened cervical mucous prevents sperm from entering the uterus.

The Possible Danger(s) To You

 NuvaRing Side Effects

The NuvaRing has had its share of side effects including cardiovascular problems, cardiac arrest, blood clots, strokes and even death. As far back as 2003 the New England Journal of Medicine released a study that showed that the level of estrogen that was found in the NuvaRing was responsible for an increase in blood clots and cardiac problems.

Cardiovascular Problems

Cardiac Arrest

Blood Clots

Strokes

Death

 

 

In the past there has been an increased risk of blood clots in contraceptives that contained desogestrel rather than other types of progestins. In November 1995, the Food and Drug Administration stated that "new studies indicate about a two-fold increase in the risk of venous blood clots associated with products containing desogestrel."

If you experience a blood clot in your legs and they are not caught in time or left untreated, they can travel to your lungs and result in death. You can also develop blood clots in your eye and the end result could be a partial loss of vision or blindness.

Justice For Your Injuries 

If you have used the NuvaRing birth control and suffered any of the side effects mentioned here - blood clot, stroke, or heart attack - you may want to file a lawsuit against the manufacturers of NuvaRing.

If you haven't used the NuvaRing yourself but a family member or close friend has, tell them to contact me to evaluate your concerns and provide you with the utmost in legal guidance.

Contact Attorney Lowell Steiger to Discuss Your Legal Rights

Your Consultation is FREE

(323) 852-1100

(877) 487-8221

e-mail lowell@steigerlaw.com

 

Escalator Injuries: Who Woulda Thunk It?

                 Escalator accidents – who woulda thunk it?  Well, actually, I’ve thunk it but, hey, I represent people who get hurt in a variety of ways both common and uncommon.

                Earlier today I read a fascinating account of how a New York Jets fan was injured when an escalator malfunctioned at Meadowlands Stadium.  The Lawyers USA blog post Jets Fan Gets Day In Court Over Escalator Malfunction tells the whole story.  To sum it up, though, it was a crazy game on October 1, 2006. The stadium was packed and everyone stayed until the last second of the game.  “Everyone” means 77,190 distraught Jets fans! 

                Well, when the game was over, they made a mass exodus and, lo and behold, two pals who left at the same time met with very different fates.  Thomas DiBartolomeo and Bob Krauss were passengers on the descending moving staircase.  “Disaster struck when DiBartolomeo and Krauss were on an escalator. According to Krauss, when they were about a quarter of the way down, the packed escalator 'bucked' twice and the treads 'flattened.' The quick-thinking Krauss leapt the handrail onto the neighboring escalator.  

            "But DiBartolomeo wasn’t so fortunate, joining other Jets fans as they slid down to the bottom of the escalator into a pileup of bodies."  He suffered a hernia and a hip injury.  More importantly, what caused the accident? 

            Schindler, the people who maintained the escalator, concluded that “the escalator had ‘skipped a tooth,’ causing a ‘free fall’ to the bottom.”  A Schindler mechanic believed that the malfunction was probably the result of overloading due to the press of the crowd, with each escalator step rated to bear only 300 pounds.

            So, this got me to thunking – er, I mean, thinking.  How many escalator injuries are out there?  Well, as it turns out, there are lots of escalator injuries and I thought you would be interested in reading about some of them:

• A malfunctioning three-story escalator at Scotttrade Center in St. Louis, Missouri left 13 people injured as they were leaving an NHL Blues hockey game. Read story
• Bruce Willis escaped injury when an escalator that he was riding on suddenly sped out of control.  Read story
• 12 people injured and taken to a local Las Vegas hospital when a Cesar's Palace escalator malfunctions.  Read story

and on and on and on.

Escalator Malfunctions (The Causes)

      

• Design flaws
• Escalator malfunction
• Manufacturing defect
• Missing escalator parts
• Step collapse
• Inadequate maintenance
• Installation errors
• Missing escalator teeth
• Worn escalator belt

Escalator Injuries

Among other things, the following injuries have been reported as a result of escalator accidents:

• Knee problems from torn lateral meniscus to ACL tears
• Back injuries from sprains, strains to protruding/bulging and herniated discs
• Neck injuries from strains to protruding/bulging and herniated discs
• Elbow injuries
• Brain injuries
• Foot injuries including amputations
• Finger injuries including amputations
• Scarring, disfigurement

Published Verdicts & Settlements

Although many people would prefer to not serve on a jury, it is through a jury of our peers that justice is served.  Below are a couple of escalator cases (one that settled, one that went to a jury)

The following are cases that have been published to the legal community.  They were not handled by me or my office. 

• Jane Doe vs. Roe Govt. Agency & Roe Escalator Company: Ms. Doe, a self-employed acting coach, was going down an escalator at a government agency's facility when it suddenly reversed direction, causing her to fall and several other people to fall on top of her. 

          Ms. Doe suffered a left lateral meniscus tear (knee) and posterior disc protrusion (back) which caused her to undergo cortisone injections, physical therapy and surgery.

          The case settled for $425,000

• Rosen vs. Maguire Properties: Bottom line: A man fell down a non-operating escalator.  It was alleged that Maguire Properties negligently managed, supervised and maintained their property by failing to warn of a dangerous condition on the property (i.e. non-operating escalator).

        Interestingly, Mr. Rosen's injuries were not reported in the summary.  However, a jury found that Mr. Rosen's injuries were sufficient to award him $452,757.

 

Power Windows: Danger to Children

    This morning I read a very common-sense article in the New York Times entitled Power Windows Pose Great Risk to Children, Says Consumer Group.  It piqued my interest so I decided to look a little further into the issue.

    It makes logical sense that, absent safety precautions, power windows are potentially quite dangerous.  The National Highway Traffic Safety Administration (NHTSA) estimates 1,995 power window related injuries (mostly minor) and six deaths per year.  Janette Fennell, president of KidsAndCars.org disputes these numbers saying that her phone and Internet surveys indicate that there have been about 13.6 million power window related injuries over an unspecified period of time.  Read their Press_Release.

    

    The NHTSA has imposed two requirements to make power windows safer:

    1.    All passenger vehicles must have recessed power switches by October 1, 2008

    2.    All power windows may be closed only by pulling up on a switch by October 1, 2010

    So, what kinds of injuries actually occur from power-window related accidents?  According to the NHTSA, 68% of the incidents result in fractures or crushed body parts.  Other injuries include bruising, dislocation, laceration, and strain or sprain.  Most frightening, though, are the deaths among children when their head, neck, or midsection have been trapped in the window for five or more minutes and resuscitation was impossible.  When there are multiple children in a car, those witnessing the injury are more likely to panic and call for help than try to operate the power window!

    Consumer Reports published a very informative piece entitled Which Power Window Switches Are Safer?  The article contains a well-produced video discussing one family's tragedy and further depicting and discussing three different types of power-window switches.

    The Consumer Reports article tells you what you can do:

Never leave children alone in a car or the keys in the car when kids are nearby. Pay close attention to the design and location of window switches when shopping for a new car. Here’s a basic rundown for the vehicles we’ve reviewed:

Horizontal rocker switches

Rocker switches (inherently risky) move the glass up when you press one end of the switch, down when you press the other.  Most vehicles from Ford, Lincoln, Mercury, Chevrolet, Buick, Cadillac, GMC, Oldsmobile, and Pontiac, and the Saturn Ion.

Horizontal toggle switches

Toggle switches (also inherently risky) work when pushed forward or pulled back. Some vehicles from Chrysler including the Dodge Neon, Stratus, and Intrepid, and Dodge trucks.

Lever switches, the safer type

The lever switch, is safer because it makes it harder to raise the window accidentally. Lever switches must be pulled up to raise the glass. They generally have not been implicated in fatal injuries, according to KIDS AND CARS.  Acura, Audi, BMW, Chrysler Pacifica, Honda, Hyundai, Infiniti, most Isuzu models, Jaguar, Kia, Lexus, most Mazda models, Mercedes-Benz, Mitsubishi, Nissan, Saturn L and Vue, current Saab models, Subaru, Toyota, Volkswagen, and Volvo.

I hope that this article has been helpful and informative.

If you, or someone you know, has been injured in an accident, please contact me immediately at

(323) 852-1100

lowell@steigerlaw.com

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"Treated With the Respect That You Deserve"   

Jury Awards Truck Driver $9.5 Million for Permanent Damage from Erectile Dysfunction Treatment

    This absolutely fascinating story comes out of Georgia where plaintiff John Henry Howard (a Georgia truck driver) sued defendant Boston Men's Health Center, Inc. for damages suffered after treatment for erectile dysfunction (ED).  A Dekalb State Court Jury of his peers awarded Howard $750,000 in compensatory damages. However, the jury also found that the defendant acted with an intent to cause harm and further awarded Howard $8.5 Million in punitive damages.  Howard was brilliantly represented by attorney W. Fred Orr II, who himself received bear hugs from 10 of the 12 jury members after the trial was over.

    Howard went to the clinic in an effort to resolve his ED.  The waiting room was filled with literature warning about the dangers of Viagra and Cialis, ED medications which are administered orally (i.e., the little blue pills).  The clinic staff advised Howard that their therapy was painless and based on a proprietary formula.

    They injected medication, whose primary ingredient was papaverine, directly into his penis. Papaverine was the treatment of choice until the introduction of Viagra in 1998.  Since that time, the Food and Drug Administration has warned that papaverine should not be used to treat ED.

    A macho man, Howard did not run scared when faced with the injection. However, he testified that "Not a man on the face of the earth would go into one of these places if they knew what they were going to do to them."   True, how painfully true.

    Not surprisingly, the injection gave him immediate results and Howard shelled out $1,200 for a six-month supply of the clinic's medication.  He was instructed to inject it into himself in the same location. He did and had "the best erection he's ever had in his life."  Unfortunately, that best erection lasted for a couple of days.  It had become painful, so he visited the clinic.  

    The staff removed blood from his penis in order to provide relief but that didn't work.  He wound up in the emergency room.  Eventually, he discovered that the medicine caused fibrosis and scar tissue to form.    

    Read the complete story from Law.com.

If you, or someone you know, has been similarly injured, 

please contact me immediately at

(323) 852-1100

lowell@steigerlaw.com

Skype (with or without video): Lowell_Steiger

"Treated With the Respect That You Deserve" 

Testerone Gels: FDA Orders Label Warnings (Harmful to Children)

The Food and Drug Administration is requiring box warnings on two topical testosterone gels.  Click here for basic information on the male hormone, testosterone.  Here's the FDA report:

The U.S. Food and Drug Administration today announced that it is requiring manufacturers of two prescription topical testosterone gel products, AndroGel 1% and Testim 1%, to include a boxed warning on the products’ labels. The agency is requiring this action after receiving reports of adverse effects in children who were inadvertently exposed to testosterone through contact with another person being treated with these products (secondary exposure).

The gels are approved for use in men who either no longer produce testosterone or produce it in very low amounts. Both products are applied once daily, to the shoulders or upper arms. Only AndroGel 1% is approved for application to the abdomen. Precautions in the current labels instruct users to wash their hands after using the product and to cover the treated skin with clothing.

“These drugs are approved for an important medical need, but can have serious, unintended side effects if not used properly,” said Janet Woodcock, M.D., director of the FDA’s Center for Drug Evaluation and Research. “We must ensure that the adults using them are well-informed about the precautions needed to protect children from secondary exposure.”

In 2007, 1.4 million prescriptions for AndroGel—the most commonly dispensed gel form of testosterone—were dispensed by U.S. retail pharmacies. Approximately 25,000 of those were dispensed for off-label use in women. During the same period, some 370,000 prescriptions were dispensed for Testim, according to data from SDI: Vector One National. 

Despite the currently labeled precautions, as of Dec. 1, 2008, the FDA has received reports of eight cases of secondary exposure to testosterone in children ranging in age from nine months to five years. Since that time, additional reports of secondary exposure have been received by the agency and are presently under review.

Of the fully reviewed cases, adverse events reported in these children included inappropriate enlargement of the genitalia (penis or clitoris), premature development of pubic hair, advanced bone age, increased libido, and aggressive behavior. 

In most cases, the signs and symptoms regressed when the child no longer was exposed to the product. However, in a few cases, enlarged genitalia did not fully return to age-appropriate size and bone age remained modestly greater than the child’s chronological age.

In some cases, children had to undergo invasive diagnostic procedures and, in at least one case, a child was hospitalized and underwent surgery due to a delay in recognizing the underlying cause of the signs and symptoms.

Signs of inappropriate virilization (development of male secondary sexual characteristics) in children and the possibility of secondary testosterone exposure should be brought to a health care provider’s attention.

In most of the cases, users of these products failed to follow appropriate use instructions, resulting in direct contact between treated skin and the child.
     
The required label changes will provide additional information about the risk of secondary exposure and the steps that should be taken to reduce this risk. The FDA also is requiring that the manufacturers of these products develop a Medication Guide as part of a Risk Evaluation and Mitigation Strategy to ensure that the benefits of these products continue to outweigh their potential risks.

The FDA recommends the following precautions be taken to minimize the potential for secondary exposure:

• Adults who use testosterone gels should wash their hands with soap and warm water after every application;
• Adults should cover the application site with clothing once the gel has dried;
• Adults should wash the application site thoroughly with soap and warm water prior to any situation where skin-to-skin contact with another person is anticipated;
• Children and women should avoid contact with testosterone application sites on the skin of men who use these products; and
• Adults should note that use of any similar, but unapproved, products from the marketplace –including the Internet– that can result in the same serious adverse effects should be avoided.

Health care professionals and consumers may report serious adverse events (side effects) or product quality problems with the use of these gels to the FDA's MedWatch Adverse Event Reporting program either online, by regular mail, fax or phone.

Relevant Websites/Information

Testim Video: How to apply Testim

What is Testim?

Testim Side Effects: MedicineNet.com

Androgel Side Effects: eMed TV

Testosterone Gels Risky to Children: Web MD

FDA Orders Label Warnings for Testosterone Gels: ABC News

Testosterone Deficiency: The Urology Channel

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If you, or someone you know, has been injured in a motorcycle or automobile (or similar) accident, please call me, Lowell Steiger, immediately at

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Nautilus Recalls Bowflex® Home Gyms Due to Risk of Injury

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The U.S. Consumer Product Safety Commission has issued information regarding the Nautilus Bowflex Home Gyms (see below).  If you, or someone you know, has been injured as a result of this unit, please call the Law Office of Lowell Steiger to find out your rights.  Injuries from the Nautilus Bowflex (or other defective products) fall under the category of Product Liability.

Can you sue if you're injured as a result of a defective product?

Yes.  Injuries related to bad design or manufacture of a product fall into the product liability category.  If an injury is sustained as a result of bad design or manufacture, then everyone in the chain of commerce (i.e., manufacturer, distributor, retailer) can be held liable for that injury or injuries.  When you buy  or use a product, it is reasonable to assume that the product will be safe when used for its intended purpose.  It is also reasonable to assume that the product will warn you of any potential dangers.  If the product is then unsafe for use or if you have not been warned of its potential dangers, and if an injury occurs, then you have the legal right to take everyone in the chain of commerce to task.  Will they put up a defense?  Yes.  Are you guaranteed to prevail?  No.  However, an attorney experienced in the area of product liability will analyze the facts as they apply to the law and determine whether you have a viable case and proceed from there.   Click here for other Product Liability posts

The Scoop on the Nautilus Bowflex Home Gym Recall

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.

Name of product: Bowflex® Ultimate 2 Home Gyms

Units: About 78,000 (about 68,000 home gyms were recalled on December 6, 2007)

Importer: Nautilus Inc., of Vancouver, Wash.

Hazard: The home gym's horizontal seat rail is designed to be latched in a vertical position for storage. If the seat rail is not manually latched, it can fall unexpectedly on the user or a bystander, posing a risk of serious injury.

Incidents/Injuries: Nautilus has received 18 reports of injuries caused by unlatched seat rails that have fallen, resulting in head and shoulder lacerations, some requiring stitches or staples.

Description: This recall involves the Bowflex® Ultimate 2 Home Gyms. The home gyms are equipped with pulleys, resistance rods, and other equipment, which allow the user to perform a variety of exercises. “Bowflex Ultimate 2” is written on the vertical part of the frame.

Sold at: Specialty fitness retailers nationwide and through direct Nautilus sales from June 2005 through January 2009 for about $2,300.

Manufactured in: China

Remedy: Consumers may continue to use their home gyms for exercising, but should not place the seat rail in the vertical (storage) position until the repair is performed. Registered owners are being sent a free repair kit. Owners who have not received a repair kit by March 10, 2009 should contact the firm.

Firm’s Recall Hotline: (800) 259-9019 (8 a.m. to 5 p.m. PT M-F or www.bowflex.com )
CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908

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Paper Shredders Putting Kids and Pets at Risk of Major Injury

Yesterday I received an e-mail from a parent whose young child lost 3 fingers in a home paper shredder.  It happened in a flash.  The poor mother did everything she could to save the child's  little fingers but, alas, to no avail.  Fingers are no match for the blades of a paper shredder.  The fault of the parent?  I think not.  Can she sue someone for the injuries sustained by her child?  Yes.  Should she sue someone for the injuries sustained by her child?  Yes.  Read on.

Manufacturers of paper shredders, whether for home or business use, are aware of the potential dangers of their products.  It's not rocket science that a child's fingers, or a dog's tongue, are small enough to find there way into the paper entry chute.  Very few manufacturers have addressed this issue.  Later in this article you will find information on two manufacturers that provide paper shredders with built in safety features designed to prevent injuries to kids and pets.

The Consumer Product Safety Commission published an article on this very subject.  Paper Shredder Safety Alert says "From January 2000 through September 2005, CPSC received 50 reports of incidents involving finger amputations, lacerations, and other finger injuries from paper shredders. The majority of injuries were to young children under age 5."  The incidents happen so quickly that they can occur even in the presence of adult supervision!  They offer the following safety tips:

• Never allow children to operate paper shredders, even under adult supervision. Paper shredders can pull children’s fingers into the shredder mechanism.
• Place the paper shredder in an area less accessible to children.
• Unplug the paper shredder power cord when the shredder is not in use.
• Do not place hands or fingers in the shredder opening.
• Do not operate a paper shredder while wearing loose fitting clothing that may enter the shredder opening.
• Keep hair and items, such as a tie or a long necklace, away from the shredder opening.

The Consumer Product Safety Commission wrote an extensive article on the evaluation of paper shredder related finger injuries.  Read CPSC Evaluation of Finger Injuries.  This article is in .pdf format.  If you can't open it, click here to download the free Adobe Acrobat Reader.
   

Child Loses Fingers in Shredder (CBS News Video)

CBS News aired a video about the tragic story of Lisa Broadfoot's little boy Talan who "screamed, and then was begging me to get his hands out of this machine, saying, 'Please, Mommy, please, Mommy, get my hand out.' He was just screaming and crying and begging."  She rushed him to the hospital with the shredder still attached. He lost 3 fingers and, to this day, keeps asking his mommy when they're going to grow back.  Watch the video here.

Dog Shreds Tongue in Shredder (ABC News Video)

Kids aren't the only beings vulnerable to the possible horrors of the home paper shredder.  I found several instances of dogs shredding their tongues when trying to lick the paper shredder.  Shred the tongue to much and the doggie is a candidate for euthanasia because dogs use their tongues to drink water.  A doggie horror story was aired on ABC News.  Click here to watch the video.

Paper Shredder Horror Stories

Snopes.com has an article devoted to paper shredder horror stories too gruesome to discuss here.  You can go directly to their article on the web by clicking here  or to the .pdf version of the article by clicking here.

Child and Pet Safe Paper Shredders

A little research revealed that horrifyingly few manufacturers provide child or pet safe shredders.  I found two (2) such manufacturers: Fellowes and Royal.  Fellowes DS-1 and DS-2 both have the same SafeSense feature that turns off the blades if the paper entry slot is touched, thereby preventing fingers, tongues and tails from finding their way into the grasp of the life-changing blades.  Fellowes manufactures several other safe paper shredders including the Powershred P-57cs and SB-97cs models.

The Royal PX 110 MX paper shredder, with its patented throat safety guard, is also designed to protect children and pets from injury.

Please note that I have not personally used these shredders and am only reporting what I've been reading on the Internet.  In other words, I can't vouch for the viability of the safety claims made by these manufacturers.  You'll need to do your own research before purchasing any of these shredders.

Can You Sue For Paper Shredder Related Injuries?

Yes.  Injuries related to bad design or manufacture of a product fall into the product liability category.  If an injury is sustained as a result of bad design or manufacture, then everyone in the chain of commerce (i.e., manufacturer, distributor, retailer) can be held liable for that injury or injuries.  When you buy  or use a product, it is reasonable to assume that the product will be safe when used for its intended purpose.  It is also reasonable to assume that the product will warn you of any potential dangers.  If the product is then unsafe for use or if you have not been warned of its potential dangers, and if an injury occurs, then you have the legal right to take everyone in the chain of commerce to task.  Will they put up a defense?  Yes.  Are you guaranteed to prevail?  No.  However, an attorney experienced in the area of product liability will analyze the facts as they apply to the law and determine whether you have a viable case and proceed from there. 

What type of compensation are you entitled to?  The injured person is entitled to compensation for medical expenses, loss of earnings, future medical expenses and loss of earnings, and pain and suffering. 

Read more about product liability in the Case of the Exploding Wine Bottle.

If you, or someone you know, has been injured, please call me immediately at

(323) 852-1100 or send an e-mail to me at lowell@steigerlaw.com

"Treated With the Respect That You Deserve"