Defective Product
by | September 1st, 2015
Asbestos is a naturally occurring substance that is used in many of today’s products for its insulating and fire-retardant qualities; however, exposure to asbestos can result in the victim developing a deadly form of cancer known as mesothelioma.
The threat of the disease may be more common that you think. The discovery of asbestos in a Newport News shipyard highlights just how prevalent asbestos is in our everyday lives at home and at work.
According to an article from the Daily Press, more than 1,000 employees at the Newport News Shipyard were moved to different facilities to perform their duties after the discovery of asbestos at the original site. The substance was discovered in the ventilation system of Building 600 located on Marshall Avenue, meaning most workers were likely exposed to asbestos.
Officials stated they would work to clear the building of the toxin, but gave no details as to how long the task would take to complete.
Asbestos is commonly found in the ships that are built at the site, as its used to insulate pipes on boats that carry water and steam.
At Lowell Stanley Injury Lawyers, our legal team has seen the devastating effects exposure to asbestos can have on the victim and their family. That’s why our Norfolk defective product lawyers would encourage the workers exposed to asbestos to receive regular checkups from their doctors and to speak with an attorney immediately if they’re ever diagnosed with mesothelioma.
by | March 9th, 2015
Using talcum powder on your body can be an effective way to feel fresh and clean, but it may also present some serious health risks. Studies have shown that using talcum powder on certain parts of the body can significantly increase the user’s chances of developing either Ovarian cancer or Mesothelioma.
The American Cancer Society highlights several studies that have concluded the use of talcum powder on the genitals can result in an increase of an individual’s chances of developing cancer later in life. The reason for the increase in cancer risks is because talc- the naturally occurring substance that’s used to make talcum powder—contains a chemical substance known as asbestos.
Asbestos has also been linked to talcum powder users who developed mesothelioma after inhaling the powder on a consistent basis while applying the product to the body. In fact, one particular study tracked the asbestos-laced talc from the area where it was mined until the product was placed on the shelf and purchased. Researchers then examined the individuals who purchased the powder and found at least one patient who developed mesothelioma.
If you’ve been harmed as the result of using a defective product, the Norfolk personal injury attorneys with Lowell Stanley Injury Lawyers would like to let you know that help is available. We have our legal staff standing by to answer any questions you may have regarding your illness and how you can get compensation. Contact us today at (757) 459-CASH and let us help you get on the road to recovery.
by | March 2nd, 2015
Laboratory developed tests (LDTs) are diagnostic procedures that are often used to determine if a child suffers from a genetic disorder. Currently, these tests are overseen by the Centers for Medicaid and Medicare Services. Now though, the U.S. Food and Drug Administration (FDA) has proposed a set of new regulations for these procedures, claiming they have the authority to control these tests as if they were a medical product.
While many believe the new set of regulations can improve patient safety in the medical industry, others believe the new laws could implicate LDTs as a defective product.
An article released by The National Law Review highlights several recent cases in which parents of children suffering from genetic disorders successfully sued laboratories for failing to supply them with accurate test results. This has forced many labs to seek refuge under the Virginia Medical Malpractice Act, which places caps on the amount of damages that can be awarded in cases where a medical professional or facility’s mistake led to a patient suffering harm.
A decision on the new regulations is expected to be released in the near future. In the meantime, the Norfolk personal injury attorneys with Lowell Stanley Injury Lawyers are here to help if you’ve been harmed by a medical error that occurred through no fault of your own. Just give us a call at (757) 459-CASH to get started on your case today.
by | December 15th, 2014
Manufacturers of products—especially those designed to improve safety—are required to ensure their items don’t present a serious danger to members of the public. Any failure to do so could result in a product being deemed faulty, which could result in costly legal action.
Take the Virginia defective product lawsuit the commonwealth recently filed against Trinity Industries in regards to defective guardrails the company sold. Virginia is one of several states to file such legal action and is among 42 other states and the District of Columbia who have stopped using the guardrails.
According to an article from Bloomberg, the suit claims Trinity failed to inform the state of changes made to the design of the product after the company submitted specifications for the units. The lawsuit alleges that certain parts of the guardrails were shortened, which caused them to fail when struck by vehicles. Instead of properly crumpling and acting as a safety barrier, the lawsuit states that the guardrails impaled vehicles, causing serious injuries to some vehicle occupants.
The suit calls for Trinity to pay to replace the faulty guardrail units. Trinity has stated they are “disappointed” in the move and continue to deny any wrongdoing.
This case could take years to be settled. In the meantime, drivers wonder if they are at risk of being harmed by defective safety equipment. The Norfolk personal injury attorneys with Lowell Stanley Injury Lawyers encourage you to speak with a legal representative if you were injured by a guardrail in a car accident. We can be reached to discuss your case by calling (757) 459-CASH today.
by | December 1st, 2014
The holiday season is upon us, and for many, it’s a time for showering family and loved ones with gifts. What we may not realize though, is that many of the products on store shelves may not be safe.
A study published by the U.S. Public Interest Research Group found a disturbing number of dangerous and potentially defective products are available for purchase in stores. The “Trouble in Toyland” report showed numerous safety infractions, from toxic chemicals to strangulation and choking hazards.
According to an article from WAVY 10 News, one toy tambourine contained nine times the legal limit of chromium a product is allowed to contain. Researchers also identified several products that could be considered deadly if swallowed or ingested. Sound levels on some toys were also identified as a safety problem that needs to be further addressed.
So what can you do to keep your loved ones safe during the holiday season? The Norfolk personal injury lawyers with Lowell Stanley Injury Lawyers suggest:
- Check Labels- Make sure the item you’re purchasing is age-appropriate for the recipient.
- Check for Recalls- The Consumer Product Safety Commission maintains a list of all items that have been identified as defective products. Make sure the gift you’re purchasing isn’t included on that list.
- Follow Instructions and Warnings- Read through any manuals that come with the product to ensure it will be used correctly.
We hope these tips help you and your family have a happy and safe holiday season!
by | August 25th, 2014
Product liability issues can come in all shapes and sizes, but one of the most common causes for an item to be listed as a defective product is that it contains unsafe chemicals or ingredients. The problem is notorious in the drug manufacturing industry, and each year hundreds of prescription medications are recalled after previously unknown side effects emerge. But over-the-counter medications and other consumer products are also susceptible to product recalls.
Colgate Total toothpaste is the latest consumer product facing scrutiny after officials announced several weeks ago that the product contains a chemical linked to the development of cancer in animals.
Bloomberg BusinessWeek reports the antibacterial chemical triclosan is used in Colgate Total toothpaste as one of many ingredients included to combat gingivitis and tooth decay. However, some studies have linked triclosan to cancer cell growth and malformations in the bones of fetal rats and mice. Researchers believe the chemical may have an effect on the endocrine system, causing problems with hormonal balances.
Colgate maintains that the product is safe, citing its Federal Drug Administration (FDA) approval. Many scientists say triclosan’s impact on the human body is difficult to isolate and the link to cancer in humans is untested. Though the product was approved by the FDA in 1997, three scientists who reviewed Colgate’s toxicology studies on triclosan at Bloomberg’s request are questioning the approval, saying the FDA may have relied too heavily on company-backed science to establish product safety.
Investigations into the link between triclosan and cancer remain ongoing and there are no plans to recall Colgate Total toothpaste.
At Lowell Stanley Injury Lawyers, our Norfolk personal injury attorneys have helped numerous clients get back on their feet after suffering injuries or illnesses due to product liability and safety issues. If you have questions about your rights, call us at (800) 208-CASH to learn more about how we can help.
by | June 16th, 2014
There’s an endless list of potential factors that can contribute to motor vehicle accidents, but one of the most common and preventable is a defective tire.
Problems with a tire’s tread or the way the product is manufactured can lead to premature wear that can cause a loss of air pressure. In turn, the driver may not be able to maintain control or brake the vehicle in a manner to prevent an accident from occurring.
Such problems were highlighted when a trailer tire manufacturer, Double Camel Tyre Co., and Lionshead Specialty Tire and Wheel announced a voluntary recall of an estimated 4,000 tires earlier this week. Reports indicate the tires can separate from their rims, causing loss of pressure that can result in accidents. The recall comes on the heels of a larger recall the company issued earlier this year, in which an estimated 40,000 tires were recalled.
To help address these risks, the National Highway Traffic Safety Administration has created a website offering the latest information in tire safety. The site provides the latest insight into tire maintenance and wear, as well as what to look for when buying new tires.
Lowell “The Hammer” Stanley, a Norfolk personal injury lawyer with decades of experience helping accident victims, has seen the devastating injuries that can result from driving on defective tires first-hand and encourages victims of such accidents to speak with an attorney about their potential legal rights to compensation immediately.
by | June 2nd, 2014
When companies create a new product to release to the market, it must undergo a rigorous set of tests to ensure it is safe for use. Despite the testing and review process, sometimes products that are unsafe for consumers to use still make their way to the public’s hands. That is why it is important to recognize the three most common types of defective products, which include:
- Problems With Design- When engineers create plans for a product, they are not always identifying the potential issues that may arise. This was made evident when several companies attempted to market metal-on-metal hip implants that prematurely wore and caused patients serious injury. The products were later replaced with a more durable ceramic option.
- Manufacturing Problems- When the wrong materials are used in the creation of a product, the results can be devastating. The scandal surrounding the separation of Goodyear tires that were installed on Ford Explorer SUVs is a prime example of such a defect.
- Contamination- When dangerous germs make their way into a product, there is a potential for serious harm. The Listeria outbreak that was connected to cantaloupe from Colorado several years ago underscored these risks.
So what should you do if you have been harmed as the result of a product liability issue? The Norfolk personal injury attorneys with Lowell “The Hammer” Stanley believe getting in touch with an attorney to discuss your legal rights should be the first step. We are available to speak anytime.
by | April 28th, 2014
Car accidents happen every day in the United States, but many of these accidents are the result of defective parts installed in vehicles during the manufacturing process. To help make the public more aware of these issues, here are three of the latest cases of defective vehicle equipment to be discovered:
- Brake System Failures– The National Highway Traffic Safety Administration is currently investigating whether a problem with a forward-collision prevention system in an estimated 60,000 Chevrolet Impalas may be to blame for the vehicle taking corrective action when a crash is not likely. A New York Times article explains the agency’s quick moves to examine the problem are likely the result of the failure to promptly open an investigation into the next problem on our list.
- Ignition Switch Failures– General Motors recently recalled 2.6 million vehicles after the vehicles were found to have turned off while in motion. Documents have shown the company and officials were aware of the problem years ago, but failed to take corrective action.
- Faulty Tires– Ford recalled a number of their Explorer models after it was discovered the tires the vehicles were outfitted with were prone to separation. This would cause immediate deflation, sometimes while the vehicle was in motion.
The Norfolk personal injury lawyers with Lowell “The Hammer” Stanley explain it is important to speak with an attorney if you are harmed as the result of an accident caused by faulty vehicle equipment, so that any rights you may have to compensation can be protected. We are here to help and can be reached by calling 1-800-208-CASH.
by | April 7th, 2014
The manufacturers of the automobiles Americans purchase and drive have a responsibility to ensure their products and parts are safe for use. Failure to do so can result in massive, costly recalls and, in some cases, civil litigation.
Several such Defective Product Lawsuits have arisen in the wake of a massive recall launched by auto manufacturer General Motors (GM). Reports indicate ignition switch failure caused several GM vehicles to shut off while in motion, and lead to several serious and fatal accidents.
Consumers reported a loss of braking and steering control when the ignition switch accidentally makes its way into the off position while the vehicle is in motion. The problem is attributed to a malfunction in the piece that locks the key into place when inserted in the ignition.
An article from CBS News states GM was aware of the defective part for up to five years before they took action to protect consumers from harm. The cost to replace the problematic part was less than $1 per vehicle, but GM officials declined to take action because of the expense.
Now, the company is facing more than a dozen lawsuits in connection to crashes caused by the faulty part.
The Norfolk Personal Injury Lawyers with Lowell “The Hammer” Stanley are aware of the dangers defective auto parts can present and are here to help anyone who has been harmed in an accident caused by a product liability issue.
