By: Allison Lane

The consumer product safety commission has pulled over one million over the shoulder baby/child slings off of the market in North America.  Two Infantino carriers in particular, SlingRider and Wedny Bellissimo, are being pulled off the market completely as a threat of being deadly to children 4 months or younger.

To date, there are three infant deaths confirmed as a result of strangulation from these baby slings.  The risk with these particular products are not age specific.  Parents and caregivers are being urged to discontinue the use of the Infantino sling in general.  The Infantino sling places the baby very far down into the sling.  If the baby is turned into the mother, the baby’s airway is restricted, or the fabric may cover the baby’s nose or mouth.

Consumers are urged to discontinue use immediately and contact Infantino LLC for a free replacement product.  Infantino released a statement that the SlingRider was a “safe product”.

By: Allison Lane

Bisphenol A (BPA) is a controversial, industrial chemical that has been present in many baby bottles, plastic bottles, food and drink containers, and many other household items since the 1960s.  BPA is a plastic hardener and an ingredient in epoxy resin, commonly used in can linings.  In January 2010, the Food and Drug Administration (FDA) revisited new studies and found that there were not immediate restrictions on its use.  However, in October 2009, NIH announced an approximately $30 million grant to study the health effects of BPA for the next two years, to hopefully have more defined results.

The concern is primarily focused on the effects of BPA on the brain, behavior and prostate gland in fetuses, infants, and young children. BPA is believed to mimic the hormone estrogen, which may tie it to
reproductive abnormalities and increased risks of cancer and diabetes. Infants and young children appear to be the most vulnerable because their reproductive organs are not completely formed.

It appears that humans are generally exposed to unsafe levels of BPA. The FDA is taking steps to reduce human exposure to BPA by either replacing BPA or by minimizing the levels of BPA in food can linings and
baby bottles and infant feeding cups.  Pregnant women and young children are encouraged to limit the amount of drinking from hard water bottles and from eating out of cans.

By: Allison Lane

This week, the Consumer Product Safety Commission (CPSC) recalled Generation 2 Worldwide and “ChildESIGNS” Drop Side Cribs.  The warnings reveal that these drop side cribs put infants and toddlers at risk of serious injury or death due to strangulation and suffocation. 

The CPSC advises that parents and caregivers should not try to fix the cribs themselves.  They encourage parents to stop using the cribs immediately and find an alternative safe sleeping environment.

These cribs have plastic hardware that can break, causing the drop side to detach from the corner of the crib.  When the side detaches, infants can fall between the mattress and the drop side, and either fall to the floor, or become stuck and suffocate.  Injuries may be minor cuts and bruises, but they may also be as serious as broken bones or death.  Three children have died from suffocating between the mattress and the drop side. 

Depending on the retailer, consumers should immediately contact the store where the crib was purchased, and either request a refund, replacement or store credit.  These recalled cribs were sold at a number of stores, including, Buy Buy Baby, Kmart and Walmart.  If consumers have any other problems with these cribs, they are encouraged to immediately report the difficulties to the CPSC.

By: Allison Lane

As early as September 2008, the maker of Tylenol products was made aware of the complaints that some Tylenol products had a moldy smell and were causing nausea, however, the products were not recalled until November 2009.  The maker of Tylenol products, Johnson & Johnson’s McNeil Consumer Healthcare Products, is being criticized by the FDA for its failure to investigate the contamination and pulling the products off of the shelves more quickly.  The FDA sent a warning letter to McNeil for failing to follow the manufacturing standards.  The FDA does not have the authority to recall products on its own accord. 

This is the second recall that has occurred in the last several months.  In November 2009, McNeil recalled Tylenol Arthritis for the moldy smell which caused nausea, stomach pain, vomiting, and diarrhea.  Now, it has expanded the recall to include some batches of regular and extra-strength Tylenol, children’s Tylenol, Eight-Hour Tylenol, Tylenol PM, children’s Motrin, Motrin IB, Benadryl Rolaids, Simply Sleep, and St. Joseph’s aspirin. These caplets and geltabs were recalled in the Americas, United Arab Emirates and Fiji. 

Research has revealed that the tainted products are being traced back to a chemical in wooden shipping pallets.  McNeil liked the illness to tribromoanisole, which is also known as  TBA.  This chemical is used to treat pallets that contain packaging material used in the tainted products.  Investigators surmise that the chemical leached into the packaging material.  There has not been a lot of research done on the effects of TBA on humans, however, it is believed to cause serious illness.

Please visit www.mcneilproductrecall.com for a complete list of the McNeil recalled products.

By: Allison Lane

Since 2006, the Consumer Product Safety Commission reported five deaths and 16 near strangulations related to Roman-style shades and roll-up blinds. These blinds become hazardous when the cord is exposed to a child’s reach. There are numerous ways these cords are hazardous, but the most common dangers occur if the shade’s looped cord is not attached to the wall or floor, and then a child’s neck can become entangled in the free standing loop.

There are alternatives to roll-up blinds, such as plantation shutters, automatic blinds, and cordless window coverings. While some of the alternatives may be more expensive, it is crucial to protect the safety of the children in your home. As the number of lawsuits increase, we as consumers have to take the initiative to make changes to protect our families. Prior to an accident occurring in your home, be certain that you are making every reasonable effort to remove all items that may be harmful to children. Examine all of the blinds in your home and remove or hide any cord that can be easily reached. At the very least, move all of your furniture, cribs and children’s toys away from the windows so the cords are less accessible to children.

Multiple retailers are participating in this recall please see www.windowcoverings.org for more information. If you, a family member or friend are faced with any tragedy or near tragedy associated with these blinds, please contact Balkan & Patterson.

An onslaught of product recalls in the past year has drawn international attention to the fact that many of the products we use in our homes and purchase for our families are not always safe. The toys our children play with are not exempt from these recalls, and in fact, toys are frequently on the top of the product recall list.

More than 550 products were recalled in 2008, and the majority of them were toys and cribs. While a toy might be designed in the U.S., most are made overseas in countries like China, where they don’t have the same standards for safety and quality control. Because of the numerous recalls, class action lawsuits, and the potential dangers to our children, new legislation was passed to increase testing and regulations on many of these products. The legislation, called the Consumer Product Safety Improvement Act, was enacted in Feb. 2009, but the deadline for compliance with the new regulations has been extended until next year.

Essentially, the legislation prohibits the use of lead and certain toxic chemicals in toys and infant products and requires them to be tested before they are approved for sale to consumers. Manufacturers and importers of all sizes of children’s products will not need to test or certify to these new requirements until Feb. 10, 2010, but they must meet the lead and phthalates limits, mandatory toy standards and other requirements. More information about the legislation can be found on the Consumer Product Safety Commission website.

Until there are better regulations in place for toys, there are a few tips parents can keep in mind when shopping for these products.

• Read Labels: This information gives age and safety recommendations for each toy.
• Be Age Appropriate: Certain toys are designed for different ages. Make sure your children’s toys are specific to their age.
• Small Parts or Magnets: If you have young children, use caution with these types of toys. Small parts or magnets can cause serious injuries if swallowed.
• Research: Before buying anything, consult the Consumer Product Safety Commission website for the most up-to-date information on recalled products.

Adam Balkan is a partner in the law firm of Balkan & Patterson. As a parent and a Parkland resident, he works to protect our communities and handles all types of personal injury cases, including class actions, product recalls, auto accidents and cases of child or special needs student abuse.

The law firm of Balkan & Patterson serves all types of personal injury, product liability and auto accident clients through Palm Beach and Broward counties, including Boca Raton, Lighthouse Point, Deerfield Beach, Delray Beach and Parkland. For more information, please call us at (561) 750-9191 or visit our website at www.balkanpatterson.com.

A new product recall has been issued for certain cuts of beef. Shipments of the meat were received in 13 states, including Florida. The questionable products came from one of the country’s largest meat producers, JBS Swift Co. The Colorado-based company has recalled 42,000 pounds of beef with potential for E. coli contamination. The cuts are boneless beef bottom sirloin, which could now be in the form of steaks, beef strips and tips, as well as ground beef.

The beef was produced April 21 and 22; it is most likely in consumers homes and not in grocery stores. Packages were labeled as Swift, Black Angus or the brand of grocery store. To view the whole story, please click here.

For a list of the product identifying codes, visit the U.S. Department of Agriculture here or call 800-555-7675.

Attorneys Balkan & Patterson work with personal injury, auto accident, class action, dangerous/defective product and abuse cases in Boca Raton, Broward County, Lighthouse Point, all of Florida and throughout the country. For more information about our firm, please visit www.balkanpatterson.com or call (561) 750-9191.

The law firm of Balkan & Patterson is representing parents and families in a new class action case involving more than 10 million toys recalled by MEGA Brands. The toys contain small parts and magnets that detach from the toys. Young children can swallow these parts, and while small, these tiny magnets can cause serious internal injuries or death if a magnet or a magnet and a metallic object attract each other while inside the child’s body.

The recalled toys are:

• Magnetix Magnetic Building Sets (“Magnetix”)
• MagnaMan Magnetix
• Toy Figures (“MagnaMan Toys”)
• Magtastik, and Magnetix Jr. Pre-school
• Magnetic Toys (the “Recalled Magnetic Toys”)

If you believe you may have a potential case relating to these toy recalls, please contact us online at www.balkanpatterson.com or call (561) 750-9191.

Medtronic, a company that produces pacemakers and other medical devices, has warned doctors around the country that almost 40,000 pacemakers could be defective. It is estimated that more than 1.5 million have been implanted in patients since 1997, but a wiring defect could cause as many as 37,000 of the devices to malfunction.

According to the Associated Press, Medtronic says it has received two reports of patient deaths where the pacemakers may have played a role. They also added that physicians should consider removing a pacemaker if their patient depends on the device for daily survival. Patients should call their doctor immediately if they experience symptoms, including fainting or lightheadedness.

A number of homeowners in South Florida could be affected by defective drywall used by WCI Communities, a builder in Florida. While WCI Communities filed for bankruptcy in the summer of 2008, they have reserved $11 million for homes with air conditioning coil replacements and other damages.

The drywall corrodes air conditioning units and other metal materials in homes and can cause health problems as the drywall releases sulfur gases. Located in South Florida, many of the homes affected are newer, and there is no easy way to replace the defective drywall. The extent of the drywall may be far reaching as more than 550 million pounds of Chinese drywall was imported into the U.S. between 2004 and 2006.

The defective drywall causes health issues such as respiratory problems, including coughing, nose bleeds, sinus irritation and more. Damage to homes includes corrosion and damage to electrical systems and air conditioning, among other problems. For more information about the defective drywall and WCI Communities, please click here. Lennar Homes, another building company, also used the defective drywall in the construction of homes.

Our Florida trial attorneys represent personal injury, auto accident, defective products, and consumer fraud clients throughout South Florida, including Boca Raton, Deerfield Beach, Lighthouse Point, Parkland, Delray Beach, Boynton Beach, and throughout the United States. For more information, visit us online at www.balkanpatterson.com or call our offices at (561) 750-9191.