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November 2013 Archives

Defective product causes liver damage to unsuspecting consumers

The FDA does not inspect and regulate vitamins, nutritional products and medicinal remedies designed to shed weight or build bulk, in the same controlled manner that it approves and monitors prescription drugs and some over-the-counter medicines. If a so-called nutritional compound is found to be a defective product that causes harm to consumers in West Virginia or elsewhere, the FDA will step in with appropriate measures to assure public safety. When necessary, it will make sure that defective products are recalled.

West Virginia mine added to pattern violator list

People who are injured in mining accidents could become disabled, and suffer from a lifetime of health complications. These injuries often require the person to seek rehabilitation throughout their life. They might also need to seek around-the-clock medical care.

Defective medical device may cause serious injuries and lawsuits

Another medical device has come under scrutiny and is the subject of multidistrict products liability litigation. Perhaps it should be even more accurately stated that yet another birth control device has been revealed to be an apparent defective medical device for some people. A woman in a state neighboring West Virginia has sued the companies that are collaboratively responsible for manufacturing and marketing a device called the NuvaRing.

Dangerous household product recalled due to risk of injury

West Virginia consumers may need to know about the recall of the "Circo-brand Chloe and Conner Sitting Stools" sold by Target stores. This dangerous household product could cause injury to children who use it. Consumers that own the affected product are asked to stop using it immediately.

Could brain injuries be detected with simple blood test?

Brain injuries are often mysterious injuries that can be very difficult to detect. The extent of the injury to the brain can also be hard to determine. Sometimes even the most sophisticated brain scans leave a person undiagnosed. Now, scientists are hoping a simple blood test that detects for a protein can help act as a biomarker for serious brain injuries. If scientists are able to detect this protein if could signal neuron degeneration.

Woman sues after joint replacement surgery

As the human body ages, the natural deterioration of the body's joints can lead to a great deal of pain and mobility issues. Many West Virginia residents turn to joint replacement as a means of regaining the mobility within their joints. This type of surgical procedure has come a long way in recent years, and a successful surgery can make a world of difference to patients who suffer from this type of orthopaedic issue.

Baby food maker recalls defective product

A company that has the stated goal of ensuring every baby has safe food now has some explaining to do to angry parents. Parents are upset and concerned about the possibility that the apparently defective product has harmed their children. The baby food producer, Plum Organics, has recently announced a recall for some of its food products. Families in West Virginia could possibly be affected by this baby food recall.

Fatal hit-and-run accidents on the rise

Fatal hit-and-run accidents are reportedly on the rise in the United States according to the latest data available. From 2009 to 2011 the increase of 13.7 percent indicates that more people are driving away from the scenes of accidents. Despite the number of total deaths on the nation's roadways falling over that period, the hit-and-run increase is startling.

Thanksgiving travel just a week away, car safety important

People are about to take to the roads, visiting family and friends for the Thanksgiving holiday. With an estimated 38.9 million people travelling on the nation's roadways over Thanksgiving weekend, it is important that people are well prepared for their long drives.

Woman injured in West Virginia coal truck accident

Coal mining is a major industry in West Virginia, and can be dangerous to people working in the mines and the residents in the path of coal mining operations. Late last month, a woman was injured when she was involved in an accident involving a coal truck. The woman was taking to the hospital, and her injuries were unknown after the accident.

Woman sues manufacturer of alleged defective medical device

Product liability refers to that legal principle or tort that imposes liability on a manufacturer or seller of a product that is unreasonably dangerous and defective, and which causes injury to the user or consumer. Some of the theories of recovery universally recognized are failure to warn, negligence, defect in the product's design, and strict liability. In the reported case from a state neighboring West Virginia, a woman has filed a lawsuit in federal court against Bayer Healthcare, the manufacturer of an allegedly defective medical device known as the Mirena birth control device.

Snow-cone machine is defective product due to brass rivet

Under the U.S. Consumer Product Safety Act the federal government has the power to require the recall of unreasonably hazardous products for the purpose of having them repaired, replaced or the price refunded. See 15 U.S.C. Sec. 2064 (c)-(f). Aside from such consumer protections, a manufacturer or seller is strictly liable under state and federal law, including West Virginia law, to compensate those end users suffering injuries from such a defective product. The rule of strict liability in general says that one who sells a product in a defective condition that is unreasonably dangerous to the intended consumer, is strictly liable for personal injury caused to that consumer.

Dangerous household product prompts new safety specifications.

Because of the vulnerability of babies, people from West Virginia and all other states should be aware of the dangers baby cradles and bassinets can pose. This dangerous household product was the subject of discussions recently. These discussions prompted the setting of new standards in the manufacturing of cradles and bassinets.

First transvaginal mesh trial set for defective medical device

Patients have faith in their doctors and the treatments they prescribe. Doctors, in turn, place their faith in pharmaceutical and medical device companies and the medical devices supplied by them. Companies that manufacture medical devices typically conduct extensive testing to ensure that the product is safe before it is placed on the market. After all that testing, it can be incredibly disheartening to find that medical equipment implanted to help with a medical problem can actually cause more health issues. With the number of vaginal mesh defective medical device lawsuits filed in West Virginia and across the country growing rapidly, some of the involved vaginal mesh manufacturers are rethinking their strategy for dealing with the fallout.

Auto defect in occupant protection system leads to lawsuit

By the time cars are available for sale, they have undergone rigorous testing, and supposedly, they have passed enough tests to be deemed road-ready and safe for transporting passengers. Unfortunately, this is not always the case, and an auto defect can cause severe injuries, sometimes even death. A tire may blow out, an airbag may fail to deploy or a seat belt can fail to hold passengers safely in their seats. The brakes may even malfunction.

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