Chicago Injury Law Blog

Every year, people travel in droves to visit the Taste of Chicago to sample delicacies from a variety of different restaurants. This year, some consumers who visited the Pars Cove booth contracted food poisoning due to salmonella. Thus far, the problem food has been identified as an herb tomato cucumber salad that was served with their hummus.

Another recent salmonella outbreak was traced to the makers of Veggie Booty, a snack that was recalled and is produced by a Sea Cliff company. The FDA recalled the product June 28 after it received over 50 cases of salmonella poisoning in 17 states from  consumers who had eaten Veggie Booty. The salmonella may have been a result of additional seasoning added to the product after it had been cooked.

Numerous lawsuits have since been filed against the makers of Veggie Booty. One such case was filed by the parents of an 18 month old named Xavier Allen from Indiana in the U.S. District Court in Brooklyn. The suit seeks at least $75,000 in damages.

Salmonella can cause serious infections. Some symptoms include vomiting, fever, nausea, and abdominal pain.

Food poisoning is a serious problem that faces consumers today. How do you think we should face this problem? Should the FDA impose more stringent regulations?

See the following articles for more information on food poisoning and salmonella.
http://en.wikipedia.org/wiki/Food_poisoning
http://en.wikipedia.org/wiki/Salmonella

"Federal officials have told a small New Jersey importer to recall 450,000 radial tires for pickup trucks, sport utility vehicles and vans after the company disclosed that its Chinese manufacturer had stopped including a safety feature that prevented the tires from separating.

Jeffrey B. Killino, a personal-injury lawyer from Philadelphia, said the company came forward only after it was named as a defendant in a lawsuit, filed in May, involving an accident in which two construction workers were killed and a third was severely injured when a van rolled over. The lawsuit contended that the accident was caused by tread separation in a Hangzhou Zhongce tire.

Earlier, an ambulance in New Mexico rolled over after a Hangzhou Zhongce tire came apart, though there were no significant injuries, according to documents supplied by Foreign Tire Sales to the federal safety agency."

Read the full article in the NY Times.

"Illinois Attorney General Lisa Madigan issued an alert on March 21st about a recall of children's necklaces that contain high levels of lead that may be toxic if ingested by young children and can cause adverse health effects. The recall was first by the U.S. Consumer Product Safety Commission in cooperation with Claire's Boutiques Inc.

The recalled children's necklaces have metal pendants shaped as monkeys, dolphins, and frogs holding colored marbles; a fleur de lis painted in various colors; a silver and black fairy; silver-colored letters "BFF" with rhinestones; and tiny handcuffs painted in various colors. The pendants hang from silver-colored chains. "Claire's" or "Claire's best friends forever" is printed on the packaging.

Approximately 58,000 of these necklaces were sold at Claire's retail stores nationwide from December 2005 through December 2006 for between $5 and $11."

"HoMedics, Inc announced today a voluntary recall, to the consumer level of approximately 292,108 of its heating pads which were produced in 2001 and subsequently shipped to retailers in 2001 and 2002.

These heating pads were sold nationwide to Walgreens as well as to drug stores, discount stores and department stores.

Read the FDA's Press Release here.

"Maytag has received 135 reports of dishwasher fires, resulting in product and/or property damage. Four injuries have been reported, including three reports of smoke inhalation and one serious hand laceration when operating a fire extinguisher to put out a fire in the dishwasher.

The recall involves Maytag® and Jenn-Air® under counter or portable plastic tub dishwashers. The dishwashers have black, white, almond, bisque and stainless steel front panels. The following model and serial numbers are printed on a label located on the dishwasher’s plastic frame on top of or to the left of the door opening. Consumers should contact Maytag to determine if their dishwasher is included in this recall."

"A consumer research group called for warning labels on toys with magnets after more than 4 million Mattel play sets were recalled over injuries to several children who swallowed magnets that fell off.

The Consumer Product Safety Commission, which announced the recall of magnetic Polly Pocket sets as the holiday gift-buying season begins, urged shoppers to avoid buying toy sets with small magnets for children under six. The recall doesn't include Polly Pocket play sets now on store shelves.

The commission received 170 reports of the small magnets falling from Polly Pocket dolls and accessories. Three children swallowed more than one magnet and suffered intestinal perforation that required surgery. If more than one magnet is swallowed, they can attach to each other and cause intestinal perforation, infection or blockage, which can be fatal."

"FDA and Advanced Medical Optics, Inc. informed healthcare professionals and consumers of a nationwide recall of 18 lots of Complete MoisturePLUS multipurpose contact lens care solution and Active Packs distributed in the United States. Certain lots were found to have bacterial contamination which compromised sterility. Non-sterility of a contact lens solution may have serious health consequences, including eye infection and microbial keratitis.

Contact lens users who have the recalled product should discontinue use immediately and individuals who experience symptoms of an eye infection such as redness, pain, tearing, increased light sensitivity, blurry vision, discharge or swelling, should remove their lenses and consult their eye care provider immediately."

Read the FDA press release here.

In cooperation with the U.S. Consumer Product Safety Commission (CPSC), Provo Craft, of Spanish Fork, Utah, is voluntarily recalling about 76,000 Decorative Snaps and Metal Clips. The recalled clips and snaps contain high levels of lead. Lead is toxic if ingested by young children and can cause adverse health effects.

"WASHINGTON - A major manufacturer of acetaminophen sold by Wal-Mart, CVS, Safeway and more than 100 other retailers recalled 11 million bottles of the widely used pain-relieving pills Thursday after discovering some were contaminated with metal fragments.

There were no immediate reports of injuries or illness. The recall affects bottles containing various amounts of 500-milligram caplets made by the Perrigo Co.

The contaminated pills included metal fragments ranging in size from “microdots” to portions of wire one-third of an inch long, the Food and Drug Administration said. Perrigo discovered the metal bits during quality-control checks after realizing the equipment it uses to make pills was wearing down prematurely, the FDA said."

Read more at MSNBC.com

Hasbro's Playskool recalled 250,000 Team Talkin' Tool Bench toys after the reported deaths of two small children.  The children suffocated by choking on an oversized plastic nail included with the bench.

Read more at MSNBC.com

On the heels of the recent Dell recall, Apple Computers recalled 1.8 million of its own laptops for battery fire risk. Apple received reports of nine overheating batteries, with 2 of the reports involving minor burns to the users. Both Dell and Apple use batteries made by Sony, and Sony is expected to assist the companies in the cost of the recall. The effected computers include:

Dell recalled nearly 3 million of their laptop computers worldwide due to a risk of fire with the battery. Dell received six reports of the batteries overheating causing a minimal amount of property damage. No injuries have been reported. The effected computers include:

• Latitude™ D410, D500, D505, D510, D520, D600, D610, D620, D800, D810;
• Inspiron™ 6000, 8500, 8600, 9100, 9200, 9300, 500m, 510m, 600m, 6400, E1505, 700m, 710m, 9400, E1705;
• Dell Precision™ M20, M60, M70 and M90 mobile workstations; and
• XPS,™ XPS Gen2, XPS M170 and XPS M1710

"Toyota Motor Corp. is recalling 367,500 Toyota and Lexus sport utility
vehicles in the United States because a piece in the front console area could come
loose and interfere with the gas pedal.

In a separate announcement Wednesday, Nissan North America Inc. said it would recall
nearly 201,000 Altima and Sentra sedans from the 2003 model year to fix a faulty
sensor that can cause the engine to shut down.

Toyota's recall involves 2004-05 models of the Toyota Highlander and Lexus RX 330
and early 2006 models of the Highlander hybrid SUV and the RX 400h, the hybrid
version of the RX 330, said Toyota spokesman Bill Kwong."

Read the full article in the Houston Chronicle here.

"Honda Motor Co. is recalling over 561,000 vehicles in three models to replace a faulty part used in starting an engine, a company official said Wednesday.

Subject to the recall are 217,953 Odyssey minivans, 141,652 CR-V sport-utility models and 123,580 Step Wagon minivans, said Honda spokeswoman Yu Kimoto.

The three models involved were produced between Oct. 3, 1994, and May 15, 1997."

"A patch version of the Triaminic children's cough and cold medicine is being recalled by its manufacturer after some youngsters swallowed the product and suffered seizures.

There have been eight reports of accidental ingestion, including a case of a Canadian child with seizures, said Julie Masow, a spokeswoman for the Switzerland-based drug maker Novartis. Masow said more than 50 million patches had been sold in the U.S., Canada, Mexico and Central America since they went on the market in 2000."

Read the full article in the LA Times here.

"Novartis Consumer Health and FDA notified patients, pharmacists and other healthcare professionals that the sponsor is conducting a nationwide voluntary recall of all Triaminic Vapor Patch products due to reports of serious adverse events associated with accidental ingestion by children. Triaminic Vapor Patch is labeled as a cough suppressant for children two (2) years of age and older and is sold over the counter at pharmacies and retail outlets nationwide."

Read the FDA's full statement here.

Toyota recently annnounced the voluntary recall of nearly all of its fuel-hybrid Prius automobiles due to a defect in the steering mechanism. Toyota also stated that there were no injuries as a result of the defect. Only 170,000 of the recalled vehicles were sold in the U.S.

Read more here.

"General Motors Corp. is recalling about 400,000 pickup trucks due to defective brake lights.

The affected vehicles are the Chevrolet Colorado and GMC Canyon from the 2004-2006 model years and the 2006 Isuzu i-280 and i-350.

GM said some vehicles may permanently lose brake-lamp function or have brake lamps that are always on. On vehicles with cruise control, that function also becomes inoperative."

Read the full article in Business Week here.

The FDA has received an increased number of reports of the fungal dermatitis of the eye, or Fusarium, among soft contact lens wearers. A high number of those with the infection reported having used a Bausch & Lomb ReNu brand contact lens solution in the month prior to the onset of the infection. Without proper treatment, this rare but serious infection may scar the cornea and blind users. Symptoms of Fusarium include blurry vision, increased sensitivity to light, pain or redness, and excessive discharge from the eye.
Although the company has not issued a recall of the solution, a number of stores, including Walgreens and Jewel-Osco, have pulled some or all of Bausch & Lomb contact lens solution products from their shelves.

In cooperation with the U.S. Consumer Product Safety Commission (CPSC), The Little Tikes Co., of Hudson, Ohio, is voluntarily recalling about 20,800 Glowin' Dino and Glowin' Doggy Animal Flashlights. The light green paint on the dinosaur-shaped flashlight and the brown paint on the dog-shaped flashlight could contain excess levels of lead. Lead is toxic if ingested by young children and can cause adverse health effects.

Read more here.

In cooperation with the U.S. Consumer Product Safety Commission (CPSC), Brass Eagle, of Bentonville, Ark. is recalling about 243,000 Blade Turboâ„¢ Paintball Markers and Paintball Breakout Players Kitsâ„¢. The carbon dioxide (CO2) cartridges can be forcibly ejected out the back of the paintball marker and break the plastic screw-on cap. This poses a serious risk of injury to the paintball markers operator who can be hit forcefully by the CO2 cartridges or the plastic screw-on cap. Overtightening the screw-on cap after the cartridges are pierced can result in a serious impact injury.

Read more here.

In cooperation with the U.S. Consumer Product Safety Commission (CPSC), King of Fans Inc., of Fort Lauderdale, Fla., is voluntarily recalling about 75,000 Maxi-Heatâ„¢ Dream Tower Heaters. The wires inside the oscillating heater can short circuit and spark, posing a fire hazard to consumers.

Read more here.

"Mead Johnson and FDA notified consumers and healthcare professionals of a recall of one lot, lot # BMJ19, of GENTLEASE powdered infant formula, found to contain metal particles up to 2.7 millimeter in size. If an infant were to inhale the infant formula into the lungs, the presence of these particles could present a serious risk to the infant's respiratory system and throat. There were approximately 41,464 24-ounce cans of this lot of recalled product distributed, beginning on December 16, 2005, through many major retail stores across the country, so the consumer should concentrate on the code on the can rather than on the place of purchase. The affected products can be identified by the lot number and expiration/use by date embossed on the bottom of the can of BMJ19, use by 1 Jul 07. Consumers who have a can of this batch of GENTLEASE powdered infant formula should not use the product and should contact Mead Johnson at 888-587-7275 immediately."

Read the FDA news release here.

The First Years, a subsidiary of RC2 Corporation, is voluntarily recalling liquid filled teethers due to possible bacterial contamination. The liquid inside the teethers may contain pseudomonas aeruginosa and pseudomonas putida which can cause serious illness in children if the teether is punctured and the liquid from the teether is ingested.

Consumers should stop using the recalled products immediately.

Products:

* Disney Days of Hunny Soft Cool Ring Teether--Style# Y1447
* Disney Soft Cool Ring Teether--Style# Y1470
* Disney Soft Cool Ring Teether--Style# Y1490
* The First Years® Cool Animal Teether/Fish, Zebra and Dinosaur designs--Style# Y1473
* The First Years® Floating Friends Teether-- Style# Y1474
* Sesame Beginningsâ„¢ Chill & Chew Teether-- Style# Y3095

Read the full FDA release here.

The FDA announced today that MBI Distributing, also known as Molecular Biologics, will cease production of all their products due to manufacturing deficiencies and other violations. MBI produces many over-the-counter (OTC) drugs including Oxydrops, Bright Eyes, Bright Eyes II, Clarity Vision for Life, Visitein, and Can-C, as well as several pain relieving drugs.
The deficiencies at MBI's plant resulted in possible unsterile eye-drops and labels with improper or insufficient warnings on OTC drugs.

Read the FDA's news release here.

Ford recently recalled 3.8 million trucks including Ford Expeditions, Broncos and Lincoln Navigators manufactured between 1994 and 2002. The defect is with a cruise control switch that may cause fires even when the truck is parked and the engine is off. Reports of fires have been coming in for months, and lawsuits have been filed.

Perrigo and FDA notified healthcare professionals and consumers of the recall of all lots of concentrated infants' drops that are packaged with a dosing syringe bearing only a "1.6 mL" mark containing 1] acetaminophen,2]acetaminophen, dextromethorphan HBr, and pseudoephedrine HCl, or 3]dextromethorphan HBr, and pseudoephedrine HCl. The dosing syringe may be confusing in determining the proper dose for infants under 2 years of age as directed by a doctor and could lead to improper dosing, including overdosing. The following products are being recalled:

* Cherry Flavor Infant Pain Reliever 160 mg Acetaminophen (0.5oz. and
1.0oz)
* Grape Flavor Infant Pain Reliever 160 mg Acetaminophen (0.5oz. and
1.0oz)
* Cherry Flavor Cough and Cold Infant Drops (0.5oz)
* Cherry Flavor Decongestant and Cough Infant Drops (0.5oz)

Read the FDA's full recall here.

The CPSC and Kawasaki Motors Corp. U.S.A., of Irvine, California, are recalling about 155,000 Kawasaki Model Year 2001-2005 Prairie and Brute Force All-Terrain Vehicles (ATVs). A significant impact to the front wheel of the ATV while the steering is fully turned to either side can result in suspension damage, wear and an eventual loss of steering control that could result in injury or death.

Honda recalled over 85,000 of their Odyssey Minivans today, citing problems with the frontal airbag systems. The circuitry of two external impact sensors were not properly encased, allowing for moisture to come in contact with the circuits. Any resulting short may cause a delayed deployment of the bags after impact, increasing the chance of serious injury in an accident.

Read full article here.

The FDA recalled Baxter Healthcare's Infusion Pumps in light of reports of shut down while delivering critical medication and fluids to patients.
The FDA's news release may be found here.

The FDA classified the 11 models of defibrillators recently recalled. The complete list can be found here.

The FDA recently recalled the following defibrillators manufactured by Guidant:

PRIZM 2 DR, Model 1861, manufactured on or before April 16, 2002
CONTAK RENEWAL, Model H135, manufactured on or before August 26, 2004
CONTAK RENEWAL 2, Model H155, manufactured on or before August 26, 2004

Today the FDA released notice of a nationwide recall of Children's Tylenol Meltaways 80mg dose, Children's Tylenol Softchews 80mg dose, and Jr. Tylenol Meltaways 160mg dose.
The recall is due to poor packaging and labeling that may lead to accidental overdose.
An overdose of Tylenol (acetaminophen) may cause permanent liver damage.