Honolulu Personal Injury Lawyer - Defective Products

Through the Kid-Safe Chemicals Act we can give our children a safer and healthier future.

Wayne Parsons — Thu, 16 Apr 2009 04:10:57 GMT

“Every day, consumers rely on household products that contain thousands of chemicals. The American public expects the federal government do all it can to ensure these chemicals are safe before they reach the market.

We already have strong regulations for pesticides and pharmaceuticals—it’s common sense that we do the same for chemicals that end up in household items we use every day."

-- Senator Frank Lautenberg (D-NJ), who plans to reintroduce the Kid-Safe Chemicals Act in the near future.

"Please don't tell me a pre-polluted baby is just fine."
-- Julie Deardorf, Chicago Tribune, 2005

The Environmental Working Group needs our help. They are trying to alert the public to gross deficiencies in the old law: The Toxic Substances Control Act (TSCA). TSCA is in drastic need of reform. Passed in 1976 and never amended, TSCA is the weakest American environmental law. Can you believe that? I can't.

Kid-Safe Chemicals Act: 10 Americans @ Yahoo! Video

The Kid-Safe Chemical Act will overhaul chemical regulatory law. Specifically, the Kid-Safe Chemicals Act:

requires that industrial chemicals be safe for infants, kids and other vulnerable groups;
requires that new chemicals be safety tested before they are sold;
requires chemical manufacturers to test and prove that the 62,000 chemicals already on the market that have never been tested are safe in order for them to remain in commerce;
requires EPA to review "priority" chemicals, those which are found in people, on an expedited schedule;
requires regular biomonitoring to determine what chemicals are in people and in what amounts;
requires regular updates of health and safety data and provides EPA with clear authority to request additional information and tests;
provides incentives for manufacturers to further reduce health hazards;
requires EPA to promote safer alternatives and alternatives to animal testing;
protects state and local rights; and
requires that this information be publicly available.

So what can you do? First you can subscribe to the EWG webiste and follow their call to arms. The public can make a difference and EWG will empower you.

Originally posted at InjuryBoard by Wayne Parsons

Obama blocks implementation of Bush's pending midnight regulations.

Wayne Parsons — Wed, 21 Jan 2009 11:36:19 GMT

The AP (1/21, Loven) reports the one of President Barack Obama's "first acts Tuesday was to put the brakes on all pending regulations that the Bush administration tried to push through in its waning days." The "order went out shortly after Obama was inaugurated president, in a memorandum signed by new White House chief of staff Rahm Emanuel." But in "some cases...the Bush administration moved too fast for the incoming administration. For example, just six weeks ago, the Bush administration issued revised endangered species regulations to reduce the input of federal scientists and to block the law from being used to fight global warming."

On its 44 blog, The Politico (1/21, Brown) also notes the Emanuel "memorandum ordering all agencies and departments to stop all pending regulations until a legal and policy review can be conducted by the Obama administration."

The Washington Post (1/21, A2, Goldstein) reports the "directive has become a first-day tradition among presidents, dating to Ronald Reagan in 1981, helping incoming administrations put their own philosophical stamp on the regulatory work that is a subtle but potent tool of presidential power." Emanuel's memo "does not apply to last-minute Bush administration rules that have taken legal effect, including a controversial one that went into place yesterday that allows health-care workers to refuse to take part in medical procedures, including abortions, to which they object."

ABC World News (1/20, story 4, 2:40, Tapper) reported President Obama "assumes control of this country's nuclear codes, and this afternoon, his Administration issued a memo telling all departments and agencies to halt implementation of all pending rules and regulations from the Bush Administration." Obama also signed "three presidential orders," and the Senate "confirmed seven of President Obama's nominees."

Originally posted at InjuryBoard by Wayne Parsons

Equipment Failures Cause Many Worplace Injuries - Know Your Rights If You Are Injured

Wayne Parsons — Thu, 18 Sep 2008 18:43:27 GMT

Work is a dangerous place for many workers. In the construction industry and certain manufacturing operations, serious injuries can and do occur. But do you know your rights if you are hurt at work?

Hawaii has a workers compensation law in Chapter 386, Hawaii Revised Statutes. That law says that an employee cannot sue the employer for workplace injuries. If an employee injures their back lifting or climbing and crawling on the job it is covered by workers compensation and the case is handled by the Department of Labor. The employer must file a notice of the injury immediately and if that is not done the employee can file the claim. Lawyers whho specialize in the intricacies of workers compensation should be immediately contacted and the injured worker does not have to pay the attorney any up front fee. Call the Consumer Lawyers of Hawaii (CLH) to locate a good workers compensation attorney.

But if the injury was caused by a tool failure, machine failure, structure failure or other defective condition, the injured worker may have a defective product claim. Recovery of lost wages in a workers compensation case is limited but in a defective product case all of the losses acn be recovered in a lawsuit that is filed in court, not at the Department of Labor.

Defective product cases often involve crane failures, scaffolding collapse, defective ladders, defective guards on saws or lathes or other cutting machines, truck or lift failures, fires, explosions or hazardous chemicals. An attorney that specializes in defective products cases can quickly tell you if a potential caswe exists. The cases are against the manufacturer of the device or the company that fabricatede the thing that failed if it is different than the injured worker's employer.

You don't have to chose between the workers' compensation remedy or the court case. Both can be done at the same time.

Originally posted at InjuryBoard by Wayne Parsons

Drowning Hazard leads Aqua Lung America to Recall Apeks Scuba Diving Regulators

Wayne Parsons — Thu, 18 Sep 2008 17:53:49 GMT

In a voluntary recall of Aqua Lung Apek scuba diving regulators the manufacturer - Aqua Lung America – has warned consumers to stop using these devices because they pose a drowning hazard. The diaphragm cover on some regulators is missing and that can cause the diaphragm to become displaced during a dive and that allows water to enter the regulator.

This recall involves Apeks TX, ATX, and XTX second stage regulators that have never been serviced. Apeks and TX, ATX, or XTX is printed on the regulator. The devices were sold across the country from February 2007 through June 2008.

Consumers should stop using the devices and immediately take it in to an authorized Aqua Lung America APEKS dealer for inspection and repair. Aqua Lung can be contacted toll free at (877) 253-3483 or you can visit the company’s web site at www.aqualung.com

Originally posted at InjuryBoard by Wayne Parsons

Consumers Union Identifies Top Food Issue Risks Consumers Face

Wayne Parsons — Thu, 24 Jul 2008 23:28:46 GMT

The advance of technology in the food industry poses new health risks to consumers, a subject that is being discussed by scientists in Orlando Florida at the meeting of the Consumers Union© and the Consumer Federation of America© at their 2008 Joint Annual Conference. This is the largest gathering of agricultural economists and food researchers in 2008.

A session on July 29th headed by Consumer Union's Dr. Michael Hansen and CFA's Chris waldrop is entitled: "Hard Hitting and Well Informed: A Conversation Bewteen Food Safety Policy Advocates and Researchers."

A session on "Food Safety: USDA and FDA Policies Toward Bacterial Contamination in Meat" will discuss how to prevent food-bourne illness. It will also touch on providing consumers with better information about recalled food, labeling foods with country of origin, a proposed food traceability sytem the goes from farm to table.

In the session on "New Food Production Technologies - New Risks", they will reveal consumer risks from genetically engineered food and pharma crops, meat and milk from cloned animals, nanotechnology. These subjects are relatively unknown to consumers.

More information on the conference is available at their websites www.consumerinterests.org and www.aaea.org/2008am.

CONTACT:
Jack Gillis, CFA, 202-737-0766
Naomi Starkman, CU, 917-539-3924

Originally posted at InjuryBoard by Wayne Parsons

Tire Tread Separations Due To Defective Tires Cause Deadly SUV Rollovers

Wayne Parsons — Mon, 07 Jul 2008 02:26:46 GMT

In Hawaii, Florida, California and just about everywhere people drive cars, the news reports deaths and serious injuries from tire failures due to tread separations and rollovers. For example a woman in Tampa lost her life in late June when her Lexus SUV rolled over while she was driving.

A common cause of SUV rollovers is a tread separation on one of the tires. The vehicle swerves in such a way when the treat separates that the natural instincts of the driver result in the driver turning the wheel and putting the car into a sideway slide that often results in a rollover.

The defective tire may be overlooked by the police because the damage to the vehicle is so severe. Tire manufacturers have been known to send in operatives to essentially steal the defective tires and destroy the evidence.

The Chicago Sun Times reported on a long investigation into this subect back in 2000 and identified problems with Cooper Tire & Rubber, Continental General Tire and Goodyear Tire & Rubber as well as Firestone. As a result of the Sun Times reporting Congress passed a comprehensive automobile safety law in late 2000.

Originally posted at InjuryBoard by Wayne Parsons

Youth Bed Toy Chests Recalled By Consumer Product Safety Commission

Wayne Parsons — Mon, 07 Jul 2008 01:24:21 GMT

After a 22 month old child died of strangulation, safety problems were identified leading to The Consumer Product Safet Commission has announcing a voluntary recall of over 9,000 LaJolla Boat Beds and Pirates of the Caribbean Twin Trundle Beds manufactured by Bayside Furnishings (a division of Whalen), of San Diego, California. The youth bed were sold at Costco and furniture retail stores nationwide as well as at Costco.com from January through May 2008 for between $700 and $1,400.

The lid on the chests can close too quickly because of a defective latch mechism, thus creating the hazard that a young child could be trapped and perhaps sttangled.

According to the recall a 22-month old child was strangled when the lid closed on his head trapping his neck on the edge of a LaJolla Bed and strangling him to death.

If you know anyone who owns this type of bed alert them that they should immediately have their children stop using it, and to contact the manufacturer Bayside Furnishings. They will ship a free repair kit and replacement lid supports. Bayside Furnishings can be reached at (877) 494-2536. This can also be done at their Web site where you can register to receive the free repair kit.

Originally posted at InjuryBoard by Wayne Parsons

Yellowfin Tuna Recalled Due to Possible Health Risk

Jenny Albano — Sun, 10 Feb 2008 09:45:31 GMT

Choyce Products, in conjunction with the FDA, is recalling 5,452 pounds of frozen Yellowfin Tuna because it may be contaminated with Salmonella.

Salmonella is an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illness such as arterial infections (i.e., infected aneurysms), endocarditis and arthritis.

The recalled product was sold on Oahu and probably reached consumers in a mixed, pre-frozen, seafood product. The company bought the tuna from a mainland distributor who stated that the fish was from Indonesia.

Consumers were sold the tuna in a frozen cube which was packaged in a white cardboard shipping box that contained 22 pounds of the tuna. The cardboard boxes each hold 11 packages of the 2 lb. vacuum packed product which are in unlabeled plastic bags.

Stickers on the shipping boxes have the following codes:
Lot Number 0727408005899 with Production Dates October 1 and 2, 2007
Lot Number 0725008005899 with Production Date September 7, 2007
Lot Number 0726408005899 with Production Date September 21, 2007

Choyce sold the tuna to consumers before it learned of the potential for contamination. The FDA and the state of Hawaii are investigating many vendors because of reports of salmonella illness from October 1, 2007 to December 31, 2007. Even though the source has not been identified the company will destroy all the returned and inventoried recalled yellowfin tuna.

Originally posted at InjuryBoard by Jenny Albano

Sandals from Wal-Mart May Cause Chemical Burns

Jenny Albano — Sat, 12 Jan 2008 12:49:29 GMT

Wal-Mart Sand 'N Sun flip-flops, which are sold for $2.44 nationwide, have been causing mass peeling because of a chemical reaction between human skin and the chemical composition of the flip-flop. The chemical reaction has still not been identified, it could be linked to many things such as sun screen, etc. The area of irritation is on the tops of the feet and corresponds to where the thong portion of the plastic sandal hits the foot.

Since September of this year, Wal-Mart has reportedly sold "over a million" of these colorful plastic Sand 'N Sun sandals, which has been supposedly now recalled because they have burned the skin (first and second degree burns) on the feet of at least a dozen consumers. The flip-flops were made in China.

Even though these sandals have been recalled, they can still be found in stores. According to one consumer, she went to purchase the shoes and the scanner did not recognize the code because of the recall, but the cashier just over-rode the block and continued with the sale.

To view pictures of some of the consumer's feet that have been burned you can visit this website:
http://www.lamanaphotography.com/walmart6.htm

Kerry Stiles, the creator of the website, says that she is preparing a class-action suit against Wal-Mart. She stated that her feet are still raw and tender after two months of not wearing the sandals. Stiles claimed she only wore the flip-flops twice for 10 minutes each time.

Wal-Mart has stated that it will test their flip-flops to find the chemical that is causing the burns. So far the results of the testing have not been publicly announced.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

Recalled Aqua Dots Still Being Advertised

Jenny Albano — Sun, 25 Nov 2007 16:08:45 GMT

Aqua Dots, a dangerous children's toy that was recalled almost three weeks ago, are still being found in advertisements. The popular kids toy was recalled because they were coated in a chemical that can turn into the "date-rape" drug when swallowed .

A Toys "R" Us flier distributed in some Sunday newspapers contains an ad for Aqua Dots, but spokeswoman for Toys "R" Us Inc., Kathleen Waugh, stated that the circulars were printed and distributed before the recall occurred.

Aqua Dots were recalled in the United States on Nov. 7 after tests showed they are coated with an industrial chemical that, when ingested, metabolizes into the "date-rape" drug gamma hydroxy butyrate. The bead-like toy could cause breathing problems, loss of consciousness, seizures, drowsiness, coma and death if ingested. Nine children in the United States and three children in Australia have become sick.

Waugh said these advertisements for Aqua Dots could continue to show up in newspapers for another few weeks because the circulars are printed and distributed far in advance.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano