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

The Transportation Department banned commercial drivers of interstate buses and trucks over 10,000 pounds, from text messaging while operating commercial vehicles.  President Obama signed an executive order prohibiting all Federal employees driving government owned vehicles or with government owned equipment, from texting and driving. 

Studies have shown that drivers who text and drive are six times more likely to get into an accident.  Research shows that a driver’s reaction time is decreased by thirty percent when the driver is texting and driving, versus a nine percent decrease when the driver is talking on the phone and driving.  The Federal Motor Carrier Safety Administration’s research shows that a driver who is texting and driving takes his or her eyes off of the road an average of 4.6 seconds out of every 6 seconds while texting.  This correlates to driving, without looking at the road, for the length of a football field, including end zones, at a speed of 55 miles per hour. 

This prohibition is effective immediately and will result in harsh penalties including civil or criminal penalties up to $2,750.00.  Prior to this prohibition, the District of Columbia and nineteen states ban all drivers from texting and driving, and ten other states restrict novice drivers from texting and driving.

The number of accidents that have been caused by texting and driving is unknown, because the police have not been required to keep track of it.  However, National Highway Traffic Safety Administration estimates that 80 percent of accidents are caused by driver inattention.  This inattention is continuing to increase with the use of cell phones and texting while driving.  A survey revealed that 60% of teenage drivers, text and drive.  The Transportation Department is concerned that it will be a difficult law to enforce, however, they have joined with safety advocates to create FocusDriven.  This organization will be similar to Mothers Against Drunk Drivers, to lobby against cell phone use and texting while driving.

Do not text and drive.

By: Allison Lane

Cadmium, a toxic metal and carcinogenic, was recently found in a high volume of toys imported from China.  This metal has been found in children’s inexpensive jewelry, charms and pendants across the United States.  Stores such as Walmart, Claire’s and other retailers are pulling these items off of the market in an abundance of caution.
 
Reports have shown that Chinese manufacturers substituted lead for Cadmium in these inexpensive toys and jewelry.  Manufacturers have consistently been scrutinized, and were eventually banned from using lead in children’s toys.  It appears that manufacturers replaced the lead with this inexpensive, yet dangerous metal.  The tests on the products revealed that some of the jewelry had as high as 84-91% of its weight in cadmium. 
 
One of the largest concerns seems to be how easily the metal rubs off, which could be extremely dangerous to children who put these pieces of jewelry or toys in their mouth.  A child does not need to ingest the cadmium to be at risk.  It can be caused by biting or repeatedly chewing on a product.  It is very disheartening that manufacturers would use this dangerous metal for products that were designed for children. The metal is not only known to cause cancer, but may also hinder brain development, and cause learning disabilities.
 
This metal originally was used as pigment and for corrosion resistant plating on steel.  Aside from batteries, it is being used less regularly because it is known to cause significant health problems and is hazardous to the environment.  Of the 275 most dangerous substances in the environment, cadmium is number 7. 

If your children have any of these small trinkets, jewelry charms or pendants, please remove them from your children’s possession and call Balkan & Patterson to assist you.

By: Allison Lane

Did you know. . . Florida is Number 5 in the Country for the Most Uninsured Drivers?

What does that mean to you?  If you are in a car accident that is caused by an uninsured driver, and you do not have uninsured/underinsured motorist coverage on your automobile policy, you essentially have no protection.  By only carrying liability coverage on your automobile insurance policy, you are protecting someone else that you may injure in an accident, but you are not protecting yourself or the passengers in your car, from the negligence of an uninsured driver or a hit and run.

Recent studies show that 23% of drivers in the State of Florida are uninsured.  This drastically high statistic is expected to increase in 2010. The studies show a strong correlation between uninsured drivers and unemployment.

In Florida, drivers are required to carry personal injury protection in the amount of $10,000.00, to pay for medical bills caused by the accident, 60% of lost wages and 60% household expenses.  Florida also requires its drivers to carry property damage in the amount of $10,000.00, to pay for property damage to another driver’s vehicle, but not the driver’s own vehicle. Florida law does not require Florida motorists to carry liability insurance or uninsured/underinsured motorist coverage.

If you find yourself in an unfortunate economic situation, do not cancel your uninsured/underinsured motorist coverage.  The only way to protect yourself against uninsured drivers in Florida is to obtain Uninsured/Underinsured Motorist Coverage.  Please contact Balkan & Patterson, LLP, or your insurance agent to confirm that your automobile insurance coverage is sufficient to protect you and your family, before it is too late.

According to the National Highway Traffic Safety Administration it is.  A new report shows that nationally, seatbelt usage has hit a record high of 84%, a gain from 83% in 2008.  Slowly but surely, are people understanding the importance of wearing seatbelts and how this could protect from death and serious injury?  We hope so…and let the trend continue.

Fisher-Price and its parent company Mattel settled a 2007 class action lawsuit on Tuesday for 17 million recalled toys – the largest recall of children’s toys to date. Attorneys with the Florida-based class action law firm of Balkan & Patterson served on the class action’s executive committee and represented a member of the original class of 22 plaintiffs.

The initial settlement was filed in Los Angeles on Tuesday, Oct. 13, and will resolve the original suits filed against Mattel, Fisher-Price and large toy retailers behalf of millions of American children and families who purchased or received the defective toys as gifts before they were later recalled or removed from store shelves. The settlement amount has not been confirmed but was estimated to be around $50 million.

Mattel and Fisher-Price will be required to refund consumers who purchased or acquired the toys, provided the settlement is approved by the Court. Families who had to test their children for lead poisoning or exposure will also be reimbursed for the cost of testing. The settlement also includes the implementation of a quality assurance program within Mattel, which will be overseen by the Court. The quality assurance program will ensure that toys produced and distributed by Mattel and/or Fisher-Price are safe and free of any toxic materials.

To sign up to receive a payment or learn more about the settlement, visit www.MattelSettlement.com. A complete list of the affected toys is also available.

The main office of Florida trial attorneys Balkan & Patterson is located in Boca Raton, Florida, with a satellite office in Hollywood, Florida. They represent personal injury, auto accident, defective products, and consumer fraud clients throughout South Florida, including all of Palm Beach County, Boca Raton, Deerfield Beach, Lighthouse Point, Parkland, Delray Beach, Boynton Beach, Broward County and throughout the United States. For more information, please visit www.balkanpatterson.com.

Boca Raton personal injury and child abuse attorney Adam Balkan was quoted as an expert source for a Florida Associated Press story looking at state schools and how they view restraint and seclusion laws.

Mr. Balkan is a leading attorney and advocate for children’s rights, especially for special needs and autistic children in Boca Raton, Palm Beach, Broward County and throughout the state of Florida. It is a national trend that special needs students are abused and mistreated by teachers and teachers aides in public and private schools.

To view the complete story, Florida Officials Struggle with School Restraint Rule, please click here.