Articles Posted in Product Liability

Four major automakers have landed squarely in the crosshairs of a National Highway Traffic Safety Administration investigation.  According to documents posted on December 19th, 2019, Audi, Toyota, Honda, and Mitsubishi are the companies under investigation.  The probe revolves around a Takata airbag recall, which involved 1.4 million airbag inflators.

The inflators are reported to have a unique problem that can cause them to blow apart, sending metal shrapnel into drivers’ and passengers’ faces and bodies.  The issue stems from problems caused by insufficient seals and a chemical deterioration within the product.  Takata, the maker of the air bags, has already recalled approximately 100 million inflators worldwide, while 19 automakers have recalled approximately 70 million inflators, making it the largest grouping of automotive recalls in United States history.

Takata, who has gone bankrupt due to the recalls, believes it’s made about 4.5 million of the faulty inflators.  However, Takata claims only a portion are still in use, because the vehicles equipped with the inflators are so old.

Once thought to be a fad of the late 1990s and early 2000s, “scooting”, or the act of riding a scooter, has once again become popular among young teens.  It’s also become a popular mode of transportation in cities among business professionals, tourists, and citizens alike. All summer, rural and urban communities alike saw an influx of rentable and purchasable scooters being ridden around their communities, creating yet another obstacle for pedestrians and motorists.  Because of the popularity of scooters, manufacturers have increased production; this increase has resulted in a manufacturer’s recall for a particular model.

The U.S. Consumer Product Safety Commission reports that fluidfreeride, the maker of popular kids’ scooters, began recalling their Mercane WideWheel electric kick scooter, due to hazardous malfunctions of the brake caliper, on October 4th, 2019.  When this malfunction occurs, riders have been found to lose the ability to brake, lose control of their scooter, and suffer injuries.  The injuries reported thus far include flesh wounds, deep bodily bruises, and lower body sprains.

The problematic scooters were manufactured in China and sold online at fluidfreeride.com, Amazon.com, and ebay.com for $1,000 to $1,200.  Fluidfreeride has decided to remedy the situation by offering to repair all scooters free of charge.  If you or someone you know has a fluidfreeride scooter, you should immediately stop using it and check to see if yours is one that’s been recalled.  Telltale signs include: scooter is foldable and electric, has “WideWheel” and “Mercane” printed on its platform, made of gray aluminum alloy, and includes a single 500W motor with an 8.8Ah battery or dual 500W motors with a 13.2Ah battery.

We have all seen more than our fair share of recalls over the years for all different parts, of all different makes of cars. We have even had a few recalls over the last few years for seatbelts and airbags which are obviously big safety issues for these cars and trucks. We have had engine parts that cause fires. We have had electrical parts that cause fires.  What we haven’t seen in recent memory are seatbelts that can cause fires. There typically are not any parts in a seatbelt that you would even think of that could cause a fire.

Ford has reports of over 23 vehicles having an issue where smoke was generated. The seat-belt pretensioners can malfunction and send sparks out when activated. What is a seatbelt pretensioner? It’s a small part that you likely have never seen in action because it typically only fires when your car is in an accident. Similar to how the airbags in your car will deploy when you hit something, the seatbelt pretensioner will fire when you are in an accident which causes a piston to block the seatbelt from allowing you to move forward.

The National-Highway Traffic Safety Administration received reports of 5 fires caused by the seatbelts, with 3 of those leading to the car being engulfed in flames.

Takata, a Japanese air bag manufacturer, is recalling an additional 3.3 million defective air bag inflators as it continues to add to the largest automotive recall in U.S. history.  Through the series of recalls, 19 automakers have had to recall up to 69 million inflators in 42 million vehicles.

The National Highway Traffic Safety Administration posted the notice of the expanded recall on the agency’s website over the weekend.

The latest recalls are for frontal air bags in certain 2009, 2010 and 2013 vehicles made by Honda, Toyota, Audi, BMW, Daimler Vans, Fiat Chrysler, Ford, General Motors, Jaguar-Land Rover, Mazda, Mercedes-Benz, Mitsubishi, Nissan, Subaru and Tesla.

Japanese auto parts manufacturer Takata Corporation has announced that 2.7 million more airbag inflators will be recalled over concerns that a chemical in the inflator may rupture while the airbag is being deployed sending fragments into cars that can injure drivers and passengers. This most recent recall adds to what is already the largest ever auto safety recall.

The defective airbag inflators are used in certain 2007-2012 model year Ford, Nissan, and Mazda vehicles. The largest recall group is Ford. A spokesman for the Ford Motor Company has said that the issue covers roughly 2.2 million vehicles. Nissan plans to recall 515,000 Versa models in the United States, and an additional 112,000 Versa models worldwide. While Mazda has said that the new recalls will cover a much smaller number of vehicles, only 6,000.

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Pharmaceutical company Novo Nordisk has voluntarily recalled certain insulin cartridge holders used in NovoPen Echo products. Novo Nordisk determined that the affected holders may become damaged or break if exposed to certain chemicals, including cleaning products. Damage to the holder may result in the NovoPen Echo not delivering enough insulin to the user, which could potentially lead to high blood sugar.

Warning signs of high blood sugar (or hyperglycemia) typically appear over time and can include: flushed, dry skin; feeling sleepy or tired; dry mouth, breath taking on a fruity scent; urinating more often, feeling thirsty; loss of appetite, feeling or being sick. Novo Nordisk is advising users with an affected device to check their blood sugar levels more frequently until they receive a replacement holder.

The affected batches of holders were sent to various distributors, sales representatives, and replacement programs for nationwide distribution between August 1, 2016 and June 22, 2017.

Standard Homeopathic Company is recalling all of its Hyland’s Baby Teething Tablets and Hyland’s Baby Nighttime Teething Tablets nationwide. The U.S. Food & Drug Administration has concluded that the medicines have been found to contain inconsistent amounts of an herb that may differ from the calculated amount on the products’ labels and could potentially be dangerous.

That herb is belladonna which has been used as a homeopathic medicine for many years but its scientific evidence of recommended use is insufficient.  Because the effects of belladonna are unpredictable, the FDA believes that belladonna represents a serious health hazard to children.  The FDA stated that “there is no known safe dose or toxic dose of belladonna in children because of the many factors that affect it.”

The FDA began investigating the products after receiving a September 2016 comprehensive report of a child having a seizure after using one. An FDA preliminary investigation found reports of adverse effects, including 10 possible deaths, seizures, shortness of breath and tremor.  Standard Homeopathic Company stopped making and shipping the medicines nationwide in October 2016.

Over the past few years consumers have been becoming more aware of the potential that the hoverboard (self-propelled scooter) they purchased may burst into flames and do untold damage to property and people.  Tragically, the first deaths in the United States related to a hoverboard ignited fire occurred this month in Pennsylvania.  Ashanti Hughes (2) and Savannah Dominick (10) both lost their lives as a result of a fire that destroyed their Harrisburg home on March 10, 2017.  The fire was caused by a hoverboard that ignited as it was charging in the home of the victims.  The fire also claimed the life of Harrisburg firefighter Lt. Dennis DeVoe who died from injuries he suffered in a crash on the way to the scene of the fire. Other injuries related to the fire were also reported.

Hoverboards have been recalled, banned on airplanes, and removed from countless stores. In 2016, more than 500,000 hoverboards made by 11 companies were recalled.  The reason for the recall was that the products did not meet fire safety standards. However many still remain in circulation. This has encouraged a renewed call for officials to again warn consumers about the potential dangers of these products and to get these dangerous products out of stores and homes.

The reasons for the hoverboard igniting vary but the most common is the faulty lithium-ion batteries overheating and catching fire.  Many of the incidents have been reported to have happened while the hoverboard was charging but fire incidents have also been reported when it was sitting idle off the charger and while being ridden.

Long shelf-life snacks like chocolate covered pretzels are being recalled by six grocery store chains across the country, as reported by Food Safety News. Palmer Candy Company produced the snacks, which are recalled for salmonella contamination. The salmonella was found specifically in the powdered milk product used in the making of the snacks and manufactured by Valley Milk Products LLC. The six chains recalling the products are HyVee, Albertsons, Vons, Pavilions, Tom Thumb and Lucky.

The affected products are dated between Jan. 26 and Feb. 23, 2017. Consumers can either throw the contaminated items out or return them for a refund.

Recently, competing with Apple isn’t the only thing Samsung is concerned with. The recall of the Samsung Galaxy Note 7 happened months ago, but matters have yet to be completely resolved. The phones have been overheating and catching fire, clear reasons for a recall. What is not so clear, however, is the reason behind the fires.

These accidents have not only affected Galaxy Note 7 owners, but have also stalled the release of the Galaxy S8, Samsung’s newest model.  A spokeswoman for the phone company told CNET, “We recognized that we did not correctly identify the issue the first time and remain committed to finding the root cause…Our top priority remains the safety of our customers and retrieving 100 percent of the Galaxy Note 7 devices in the market.”

The recall will cost Samsung not only $3 billion, but also affect their place in the mobile market.

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