Kentucky Injury Lawyer Blog

The U.S. Consumer Product Safety Commission, along with Hewlett-Packard Co has announced a recall of its HP fax 1040 and 1050 machines. Consumers should stop using recalled products immediately unless otherwise instructed. It is estimated that around 928,000 in the U.S. and 240,000 in Canada and Mexico have been sold.

This issue is that the fax machines can overheat due to an internal electrical component failure, posing fire and burn hazards. This far, Hewlett-Packard is aware of up to seven (7) reports of fax machines overheating and catching fire, resulting in property damage. Included in one of the incidents was a personal injury to a consumers finger.

The particular machines at issue were sold at retail stores, computer and camera stores nationwide, and online at various websites from November 2004 through December 2011 for between $90 and $120. Again, anyone with one of the referenced machines should discontinue using it and contact the company for a replacement.

The U.S. Food and Drug Administration (FDA) announced the recall of Michael Foods, Inc. hard-cooked eggs. None of the eggs were sold directly to the public, but instead are used in other products. The recall resulted in a domino-like effect as the retailers who used the eggs in their products, typically salads, began recalling their products. This includes 5.6 oz. plastic containers of Thornton’s Quick Café Chef Salad with an Enjoy By date through2/4/2012 bearing the establishment number P-38518 inside the USDA mark of inspection. These were distributed in Kentucky.

The recall resulted from fears of Listeria monocytogenes contamination. Listeria monocytogenes is a bacterium that can lead to listeriosis. The very young, very elderly and frail and others with poor immune systems are particularly vulnerable. Symptoms of infection can include fever, nausea, stiffness, headaches, diarrhea and abdominal pain. Stillbirths and miscarriages in pregnant women can result from Listeria infection.

Contaminated food is responsible for many injuries and deaths nationwide. Our profession calls this area of law products liability. Consulting an attorney experienced in handling these matters is usually easy. Most lawyers will provide a complimentary initial consultation to evaluate a claim or case and let the person know if they can help.

This consumer protection information is provided by Louisville, Kentucky attorney Will Nefzger, a partner at Bahe Cook Cantley & Nefzger PLC.

The U.S. Consumer Product Safety Commission ("CPSC") announced that Hewlett-Packard ("HP") has agreed to pay a civil penalty of $425,000. The CPSC had alleged that HP knowingly failed to report immediately to CPSC, as required by federal law, that certain lithium-ion battery packs could overheat, posing a fire and burn hazard to consumers.

CPSC alleged that by September 2007, HP knew of about 22 incidents associated with the lithium-ion battery packs. At least two of these incidents resulted in injuries to consumers. HP also was aware that at least one consumer apparently went to the hospital. HP did not notify the CPSC about the incidents or the study until July 25, 2008. By that time, CPSC staff alleges that the firm was aware of at least 31 incidents involving the lithium-ion battery packs.

Federal law requires manufacturers, distributors, and retailers to report to CPSC immediately (within 24 hours) after obtaining information reasonably supporting the conclusion that a product contains a defect which could create a substantial product hazard, creates an unreasonable risk of serious injury or death, or fails to comply with any consumer product safety rule or any other rule, regulation, standard, or ban enforced by CPSC.

The U.S. Consumer Product Safety Commission, in cooperation with Blount International Inc., of Kansas City, Mo. have announced a recall of its Oregon® Replacement Lawnmower Blades Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

About 950 of the blades in question were sold; the problem being that the replacement lawnmower blades can break during normal use, which obviously poses a problem for anyone who might be standing nearby. There have been a reported seven (7) incidents of the blades breaking, luckily no one has been injured.

The replacement blades are sold under the Oregon® brand name. "Oregon®," part number "91-003" and "PA" or "PJ" are printed on the surface of the recalled blades.
They are sold at Independent lawn and garden sales and service stores nationwide from January 2010 through September 2011 for approximately $20.

The U.S. Consumer Product Safety Commission, in cooperation with Giant Bicycle, Inc., has announced a recall of the 2012 Model Year “Giant Defy Advanced and Avail Advanced Bicycles.” There were an estimated 900 bicycles sold to the public.
Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

The problem with the bikes stems from the potential for the “fork” portion of the bicycle to crack or come apart with could result in a fall for whomever the rider happens to be.
The U.S. Consumer Product Safety Commission, in cooperation with Giant Bicycle, Inc., has announced a recall of the 2012 Model Year “Giant Defy Advanced and Avail Advanced Bicycles.” There were an estimated 900 bicycles sold to the public.
Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

The problem with the bikes stems from the potential for the “fork” portion of the bicycle to crack or come apart with could result in a fall for whomever the rider happens to be.

The bikes in question were distributed by Giant Bicycle dealers nationwide from August 2011 through November 2011 for between $3,000 and $4,550.

The bikes in question were distributed by Giant Bicycle dealers nationwide from August 2011 through November 2011 for between $3,000 and $4,550. Consumers should contact any authorized Giant Bicycle dealer for a free inspection and replacement of the fork.

Covidien, the maker of the Duet TRS Universal Straight and Articulating Single Use Loading Units, issued a recall of the device due to reports connecting it with 13 serious injuries and three deaths. Covidien has decided that the device should not be used in thoracic surgery procedures, which it believes accounts for one third of all procedures. The device is a loading unit used to support staple lines in tissues. However, Covidien found that the device can injure anatomical structures in the thorax resulting in post-operative complications.

The product numbers affected are:

DUET4535
DUET4535A
DUET4548
DUET4548A
DUET6035
DUET6035A
DUET6048
DUET6048ADUET TRS 45 3.5MM STRAIGHT SULU
DUET TRS 45 3.5MM ARTICULATING SULU
DUET TRS 45 4.8MM STRAIGHT SULU
DUET TRS 45 4.8MM ARTICULATING SULU
DUET TRS 60 3.5MM STRAIGHT SULU
DUET TRS 60 3.5MM ARTICULATING SULU
DUET TRS 60 4.8MM STRAIGHT SULU
DUET TRS 60 4.8MM ARTICULATING SULU

Dangerous and defective medical devices are responsible for many injuries and deaths nationwide. Our profession calls this area of law products liability. Consulting an attorney experienced in handling these matters is usually easy. Most lawyers will provide a complimentary initial consultation to evaluate a claim or case and let the person know if they can help.

This consumer protection information is provided by Louisville, Kentucky attorney Will Nefzger, a partner at Bahe Cook Cantley & Nefzger PLC.

The U.S. Consumer Product Safety Commission (CPSC), in cooperation with Triple Eight Distribution, announced a voluntary recall of their bicycle helmets for children marketed as "Little Tricky".

Product testing revealed that the helmets do not comply with CPSC safety standards for impact resistance resulting in consumers potentially suffering head injuries in a fall. This recall affects approximately 30,000 units.

For more information visit the CPSC's website here.

The U.S. Consumer Product Safety Commission ("CPSC") announced today that it has reached a settlement with E&B Giftware LLC (E&B), resolving CPSC staff allegations that E&B failed to report a defect with its fitness balls. E&B has agreed to pay a civil penalty in the amount of $550,000.

CPSC staff alleged that an E&B’s subsidiary knew of 25 incidents related to defective fitness balls as early as 2007, but failed to immediately inform the CPSC as required by federal law. Many of these incidents led to consumers being injured. By October 2008, when EB Brands reported to the Commission, EB Brands knew of at least 44 incidents involving the fitness balls. EB Brands sold three million of the fitness balls from May 2000 through February 2009. They were recalled in April 2009.

Federal law requires manufacturers, distributors and retailers to report to CPSC within 24 hours after obtaining information reasonably supporting the conclusion that a product contains a defect which could create a substantial product hazard, creates an unreasonable risk of serious injury or death, or fails to comply with any consumer product safety rule or any other rule, regulation, standard or ban enforced by CPSC.

The U.S. Consumer Product Safety Commission ("CPSC") in cooperation with E-Z-GO, announced a voluntary recall of itsTXT golf cars, Cushman shuttles, and Bad Boy off-road utility vehicles. The recall affects approximately 21,900 units.

The recall is being called because the threaded end of the rack rod ball joint can break and the ball joint can become displaced, causing the driver to lose steering control. This can result in a crash. E-Z-GO is aware of 71 reports of the ball joint breaking, 13 of which resulted in the ball joint displacing.

The recalled vehicles are gas- and electric-powered, four-wheeled vehicles with bench seats for the driver and passengers. The following models are included:

Model Serial Number
E-Z-GO TXT Fleet golf cars 2748187 thru 2770316
E-Z-GO Freedom TXT golf cars 2748187 thru 2770316
E-Z-GO TXT shuttle vehicles 2748187 thru 2770316
Cushman Bellhop shuttle vehicles 2748187 thru 2770316
E-Z-GO ST utility vehicles 2748187 thru 2770316
Bad Boy Buggies HD, LD and LTO utility vehicles 8000035 thru 8002809

The brand and model names are printed on the side and front panels of the vehicles. Serial numbers are printed on a plate or label located on the exterior of the vehicle below the driver’s seat.

These models were sold at E-Z-GO and Bad Boy dealers nationwide from February 2011 through July 2011 for between $6,650 and $10,650. For more information and pictures of the affected models visit the CPSC website here.

Hamilton Beach Brands Inc., of Glen Allen, Va. Along with The U.S. Consumer Product Safety Commission have announced a recall of the Hamilton Beach® classic chrome 2-slice toasters. Consumers should stop using recalled products immediately unless otherwise instructed.
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The issue with the toasters stems from when the toasters are first plugged into the outlets, the heating element can be energized when it is not supposed or intended to be, which can pose a fire hazard if the toaster is near flammable items. Thus far, Hamilton Beach has received 5 reports of toasters being energized when first plugged into an outlet.

These allegedly defective toasters are sold at Mass merchandisers and pretty much evere where Hamilton Beach products are sold, nationwide from August 2011 through November 2011 for between $19 and $34.

Consumers should immediately stop using the recalled toasters and contact the firm to receive instructions on how to obtain a free replacement toaster.