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

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.

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, FL –Balkan & Patterson, LLP, a personal injury and class action law firm based in Boca Raton, is pleased to announce the addition of attorney Allison Lane to its legal team. Lane joins the firm as a skilled associate attorney and will serve personal injury, auto accident, class action and wrongful death clients in South Florida.

A graduate of the University of Florida Levin College of Law, Lane was accepted into The Florida Bar in 2007. To date, she has been practicing with a personal injury firm in Palm Beach County and has achieved a verdict in excess of $1 million. She will continue to represent auto accident, personal injury, class action and wrongful death clients at our Boca Raton and Hollywood locations. For more information about Lane, please click here.

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.

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.

The National Autism Association (NAA) along with 12 other organizations launched a campaign this week to spur letter writing and raise awareness about dangerous restraint and seclusion practices in schools. For more information, click here to visit the blog for Families Against Restraint and Seclusion.

To download the letter and take action, visit www.nationalautism.org.

The law firm of Balkan & Patterson is an advocate for stopping restraint and seclusion in schools and protecting all students. For more information about us, please visit www.balkanpatterson.com.

Florida’s new seat belt laws go into effect today. As of today, June 30, law enforcement officers can make a traffic stop on any vehicle in which they observe a seat belt law violation. The current fine for a seat belt violation is $98 and the fine for a child restraint violation is $148.

Previously, police officers were only allowed to stop drivers if there was another driving offense, such as an expired license or speeding.For more information on the new legislation, please click here to view the full story.

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.

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.