Tort Reform: How Does it Affect You?

You may have heard or read the term "tort reform" recently, regarding litigation and verdicts awarded to victims of nursing home abuse, medical malpractice and negligence, or defective products. If you were unclear as to what it meant, read on.   What is Tort Reform? Tort reform is an effort to take away the average consumer's rights to fair compensation for substantial losses brought on by negligent manufacturers, doctors, nurses, or caregivers. Tort reform allows big businesses and other power players to get away with negligence, fraud, or other acts of harm. These corporations, insurance companies, and their political … [Read more...]

Defective Baby Recliner Recalled By CPSC

On Monday, July 26, 2010, the Consumer Product Safety Commission, in cooperation with Baby Matters, LLC of Berwyn, PA, recalled 30,000 Nap Nanny portable baby recliners. The recall comes after reports surfaced of infants being found hanging over the side of the defective recliner, still harnessed in. The device poses entrapment, suffocation, and fall hazards.The CPSC is currently investigating the report of a 4 month old baby girl in Michigan who died in a Nap Nanny that was being used in a crib. She was found hanging over the side of the recliner, even though she was harnessed in, caught between the Nap Nanny and the crib bumper. If you are … [Read more...]

Defective Product information is a necessity

Each day a defective product manufacturer quietly pays off another victim in a secret settlement that no one will ever learn about. These Court approved secrecy agreements hide vital information concerning public health and safety. How? Companies manufacturing defective products will only pay for the harms they cause if the victims agree to secrecy. Why do negligent product manufacturers insist on secrecy? Because makers of unsafe products such as medicines, airplanes, baby cribs, or car tires, realize that consumers would not buy these products if the products dangerous aspects were known to consumers. Below are just a few examples of the … [Read more...]

Defective products are dangerous products, potentially causing injury or death

Have you heard about a defective product? Something dangerous that injures and harms an innocent consumer or child? Chances are that the defective product was not made in the USA, but by a manufacturer outside of our borders and our legal rules. Research performed by the American Association for Justice last year has shown that 83% of defective product recalls announced in 2009 by the Consumer Product Safety Commission, or the CPSC, were from foreign manufacturers. These foreign made products are ones that are unsafe, dangerous, or pose a safety hazard to the users or others. Let’s look at the data and numbers to see if we can make some … [Read more...]

The 2010 car recalls have left people wondering if their vehicles are safe

In 2010, there have been car recalls left and right. You’ve seen it all over the news and the Internet. People are talking about it and wondering when their vehicle will be called back. Buying a new automobile is a big investment. When making an investment of that magnitude, we want to know that it’s a good one. We expect the product to be safe and perform exactly as advertised. The 2010 car recalls have created cause concern with companies we usually can trust. Toyota is being talked about the most right now, but it’s not the only company currently on the chopping block. 2010 Toyota car recall In February, Toyota was all over the … [Read more...]

Is Your Computer Chair Really Safe?

Each day millions of people sit down on their computer chair to check their email, have conversations with people and even to do business. We also let our children sit at the computer to play computer games, learn or do homework. We all assume that our trusty computer chair in our home is safe; we never consider that to could possibly injury or harm us.  This assumption is wrong.  Each day, millions of products are recalled because they are unsafe and may cause injury. One of these recent product recalls was on the OfficeMax Office Chairs which was found to cause serious injuries to user because it was a fall hazard. According to the U.S. … [Read more...]

CBS Report Brings to Light the Ugly Truth on the Yamaha Rhino

A CBS Special Report has finally brought to light the outrage surrounding the Yamaha Rhino. According to the Consumer Product Safety Commission (CPSC), more than 59 riders have been killed in accidents involving the Yamaha Rhino, an all terrain vehicle guilty of a seriously flawed design. A staggering 440 wrongful death and personal injury lawsuits are pending against Yamaha for accidents involving the Rhino, and that does not include lawsuits they have already decided to settle. For years, Yamaha has done their best to avoid public humiliation and increased legal pressure regarding the Rhino, however recent pressure from the CPSC has brought … [Read more...]

What Every Citizen Should Know About the Nursing Home Industry: A background

Deciding whether to put a loved one into a nursing home is the one of the most difficult decisions we must all face. In today’s fast paced society, however, it has become increasingly difficult to care for the elderly at home. Even more daunting, is choosing the right nursing home. Indeed, making a decision on a facility is difficult; with more and more nursing homes going up every year, the number of available options seems endless, even in some of the more remote sections of the country. Although on the surface many nursing homes may appear to be the same, there are dramatic differences between nursing homes, and unfortunately, many … [Read more...]

Help Pass The Medical Safety Device Act

In February 2008, the Supreme Court of the United States ignored Congressional intent and disregarded 30 years of experience under the 1976 Medical Device Amendments (MDA), during which FDA regulation and state tort law worked together to protect consumers from dangerous devices. The court’s recent decision in Riegel v. Medtronic gave total immunity to device manufacturers who fail to adequately warn consumers about device risks. The court, failing to understand that FDA approval does not mean a device is entirely safe, sided with the corporate world over the rights of its citizens, preventing the public from suing when a medical device fails … [Read more...]

Legal Side Effects or Legal Remedy?

In May’s issue, Kate Wilcox stated that a recent U.S. Supreme Court’s decision left drug companies “wide open for lawsuits” because it allowed juries to hold negligent drug companies accountable for harm they cause. The principles expressed by the Supreme Court in the Wyeth decision require federal regulations to improve transparency and public participation in the FDA regulatory process. Also, the decision recognized the state civil justice system provides an additional protection against billion dollar pharmeceutical companies when government regulations fail, and therefore agencies must limit their attempt to preempt state law, except in … [Read more...]