Defective Products Archive

Law News For You: Reality TVM – Mesh Implant Victims Speak Out

June 5th, 2013. By AbiK

Tags: Incontinence, Mesh Implant Lawsuit, POP, SUI, TVM lawsuit, TVT Lawsuit
Posted in Defective Products, Drugs/Medical, Emerging Issues, lawsuits | No Comments »

Stryker Hip Recall, Broadspire & the Meaning of Two Words

February 7th, 2013. By AbiK

Not since the days of Monica Lewinsky has parsing the meaning of a word—or two in this case—been worthy of such scrutiny. The words, “if necessary” in this “Claims & Reimbursement FAQs” link on the Stryker website should perhaps make any hip replacement patient who’s been affected by the Stryker Rejuvenate and ABG II modular-neck hip stems recall suspect.

Why?

Well, a little walk down memory lane on LawyersandSettlements.com brings up a story we had published back when Broadspire was the third-party claims administrator brought in by J&J to handle DePuy hip replacement claims.

At the time, a Reuters article noted that the move means that Broadspire’s physicians—not the patient’s physician—will determine whether a hip should be replaced. This means that even if the patient’s physician recommends replacing the hip, if a Broadspire physician disagrees with the decision, Johnson & Johnson may not pay to cover the costs of that surgery.

So is history repeating itself?

Clearly by inserting the words “if necessary” in discussing defective hip replacement revision surgery reimbursements Broadspire retains the right to deem whether a revision surgery was necessary, or not; the “not” undoubtedly necessitating a denial—or reduction—of reimbursement.

What we’re hearing from attorneys like Ben Stewart of Stewart Law Group PLLC., who’s familiar with defective hip lawsuits, is that before a patient submits any paperwork with Broadspire—or signs anything—for a Stryker hip reimbursement claim, he or she should first talk to a lawyer.

 

Tags: Broadspire, Defective hip replacement, Hip Implant lawsuit, Hip Revision Surgery, Stryker Hip Recall, Stryker Rejuvenate Recall, stryker-orthopedics-rejuvenate-modular-hip-system
Posted in Defective Products, Drugs/Medical, lawsuits, Personal Injury | No Comments »

Worst Toy List: Inflatable Bongo Ball A Potentially Bumpy Ride

December 11th, 2012. By AbiK

A huge inflatable ball that you can climb into by any other name—e.g.,  Bongo Ball, Giga Ball, GBOP Ball, Human Hamster Ball—whatever—is still a huge inflatable ball that you can crawl into and roll around in. Some even let you bounce around in them, bumping into things (and other people) as you play. It gives new, and literal, meaning to “living in a bubble” for sure—but does it afford the same protection that the saying implies? Uhh, probably not.

And definitely not according to consumer watchdog group World Against Toys Causing Harm (WATCH). WATCH has put the Bongo Ball, available at Toys R Us, on its 10 Worst Toys list for 2012.

Recently we posted about a study in which bounce houses—another inflatable fave for bouncy good fun—were found to be the cause of injury requiring medical attention in what amounts to 30 children a day! A number of those injuries were the result of a child somehow jumping out of the bounce house and landing on a hard surface. At least they weren’t encased in the inflatable and it didn’t land on top of them in the process.

But, as WATCH indicates in its report, when you’re in a big inflatable ball, you’re pretty much encased (see pic above) and your movements—some of which could be necessary to help protect yourself, say in a fall—could be restricted, potentially leading to an impact injury. It’s not hard to imagine—think about falling accidentally on a concrete patio in that thing. Makes you wonder what might be worse—the potential for a whiplash type injury or your head banging against the concrete. Neither option sounds great.

If the comments over at the Toys R Us website where the Bongo Ball is sold are any help, the possibility of one or more of the air chambers deflating or losing air can also add to the risk for injury; the “pillow” you thought you were landing on suddenly isn’t there anymore.

While the Bongo Ball is the 51-inch inflatable ball that WATCH identifies as potentially dangerous, check out the similar “Waterwalker” that you can find over at Gigaball.net (at right)—you have to love the picture the company uses to promote the floating version of the gigaball—now that looks safe, right? Forget just being concerned about being stuck inside some big plastic thing on top of water and hoping it won’t puncture—your greater worry is apparently whether you’ll come out bruised and battered. The irony here is that even backyard trampolines warn not to have more than one person use at a time—but Gigaball.net? They’ll even promote having more than one person go at a time!

It should be  noted that most of these inflatable balls—save the Waterwalker—do indicate that they are NOT to be used as floatation devices and that they should be used with parental supervision.

It doesn’t come as a surprise though that WATCH added this toy to their Worst Toys list for the year.

Tags: Bongo Ball, Bounce House, Defective Product, GBOP Ball, Gigaball, Inflatable Ball, Injury, Toys R Us, WATCH, Worst Toy List
Posted in Accidents, Defective Products, Emerging Issues, Personal Injury | 10 Comments »

Worst Toy List: Incredible Hulk Gamma Green Fists Pack a Punch

December 4th, 2012. By AbiK

Here’s one that made the Worst Toy List published by consumer watchdog World Against Toys Causing Harm (WATCH): Marvel Avengers Gamma Green Smash Fists.

What possibly could go wrong with these?

The description of them over at KMart.com says the following:

“When you put these green hands of power on your own hands, it will be that much easier to imagine yourself smashing everything that gets in your way!”

Sounds like what every 7-year old boy needs to find under the tree Christmas morning—a potentially dangerous toy!

According to WATCH, the issue with these is that there is the potential for “blunt impact injuries” (really?) and, the watchdog group states there are no warnings on the product. Maybe the folks at Marvel thought the image shown here—which is from their website—is enough of a warning: yes, ginormous green fists coming straight at you, or some object, could inflict harm.

Warnings or not, get a group of 10 & under kids together with a pair of these and it’s almost guaranteed there’ll be some “blunt impact” going on—or at least some damaged drywall or knocked over lamps. Not to mention the phone calls mom will receive after the play date from the other kid’s moms.

Hasbro manufacturers them, and they’re available at stores like KMart, Target, Kohl’s and Wal-Mart for about $19.99.

Tags: Avengers, Defective Product, Gamma Green Smash Fists, Hasbro, Incredible Hulk, Injury, Marvel, WATCH, Worst Toy List
Posted in Defective Products, Personal Injury | No Comments »

Watchdog Goes After Portable Bed Rails Citing Deaths

November 28th, 2012. By AbiK

Consumer watchdog group, Public Citizen has asked the Federal Trade Commission (FTC) to order Bed Handles, Inc. —makers of portable bed rails used by the elderly or infirm—to stop its deceptive advertising practices.

According to a letter sent by Public Citizen to the FTC, Bed Handles claims its Bedside Assistant bed handles are safe—”[making] and bed a safer bed”. However, Public Citizen notes, the bed handles have been responsible for four deaths.

The Public Citizen request calls for:

1. An immediate ban the marketing of Bedside Assistant bed handles, model numbers BA10W and BA10W-6, manufactured by Bed Handles, Inc., because these devices have directly caused the deaths of at least four adult patients through entrapment and subsequent strangulation or positional asphyxia and therefore present “an unreasonable and substantial risk of illness or injury” …

2. An immediate order for Bed Handles, Inc. to recall all Bedside Assistant bed handles, model number BA10W and BA10W-6, that have been sold or distributed; and

3. An immediate investigation by the FTC to thoroughly assess the association between (a) the design and use of all similar bed handle or bed rail devices manufactured by Bed Handles, Inc. or any other manufacturer and (b) the risk of life-threatening injury or death due to entrapment and subsequent strangulation or positional asphyxia, and as appropriate, based on the result of this investigation, take action to ban the marketing of, and to recall, those devices that pose similar risks of death and injury as seen with Bedside Assistant bed handles.

At issue with the portable bed railings is that they can allegedly slip out of place thereby creating a gap between the railing and the mattress. An individual can become accidentally entrapped in the space between the mattress and the railing. Injury or death can occur as a result of the victim’s trachea being compressed against the bars of the bed railing, leading to strangulation.

The letter from Public Citizen to the FTC included a picture (above) of a caregiver showing how one of her patients had become trapped in the Bedside Assistant bed railing. The victim was found dead in that position.

According to the Public Citizen website, the FTC did acknowledge receipt of the letter. As of this writing, however, while the word “safe” does not appear on the Bed Handles Inc. website in reference to the portable bed railings, there has not been a recall. (Note, the Bed Handles website does reference “safer”–but it’s as it relates to the bed handles leaving “floor space clear”).

Tags: Bed Handles, Bed Rails, Consumer Fraud, Consumer Safety, Deceptive Advertising, FTC, Portable Bed Rails, Public Citizen
Posted in Complaints/Comments, Consumer Fraud, Defective Products | No Comments »