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Stuffed animals, rain ponchos and play jewelry are some of the Toy products that Daiso California LLC had been selling before a recall. The risks associated with their products included strangulation from the rain ponchos, lead poisoning from the jewelry, and choking from the stuff animals.

Since Daiso California LLC has violated federal safety laws, the company has been forced to cease importing children’s toys to the U.S. and must pay fines in excess of $2 million.

The CPSC has a list of safety standards and testing requirements that toy vendors must abide to in order to sell children’s toys in the U.S. Toy companies must also place proper warning labels on their toys so that parents are aware of the risks for children using the toys. However, sometimes the risks are omitted from the label or the manufacturer fails to perform proper testing to identify the risks relating to their toys. Toy manufacturers may also provide a label that informs the parent of the appropriate age of a child to use the toy. This is often done because there is some kind of risk that would apply to a child’s use of the toy that is out of the age bracket identified on the label.

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Paternity rights in Indiana have been leveraged for fathers effective July 1, 2010, based on a new Indiana law ( Indiana Code 16-37-2-2.1).  Currently, when a child is born out-of -wedlock, Indiana law allows for the establishment of paternity by the filing of a Petition to Establish Paternity or the signing of a paternity affidavit by both parents.  Assuming that the paternity affidavit is properly signed and all Indiana Code Requirements are met, the mother has sole and physical custody, while the father is entitled to “reasonable parenting time”.   This means that the child lives with her mom and the mom also makes all decisions concerning health care, education, and religious upbringing.

Pursuant to the new statute regarding paternity rights, the child will still live with the mother.  However, the parties can agree to share joint legal custody.  In other words, the father and mother will jointly make decisions concerning healthcare, education and religious upbringing.  Both parents will have equal access to school and medical records.

This paternity right statute does not mention what happens when there are disagreements between parents concerning, education, health care and similar decisions that may occur sometime in the future.  However, in non- affidavit cases, if the parties disagree and cannot resolve their disagreements, the parties can petition the court to modify custody so that one parent has sole custody and will make all decisions.  In all likelihood, the same procedure will apply under this statute.

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Reglan, manufactured by Baxter Healthcare Corporation, has long been used in over 2 million children and adults for the treatment of gastrointestinal conditions such as diabetic gastroparesis disease and gastroesophageal reflux disease. The ill effects of Reglan use has not become fully apparent until recently. The FDA has announced that long term and high dose use of Reglan is linked to Tardive Dyskinesia, a highly disabling medical condition that creates repeated involuntary muscle movements of the face, tongue, eyes, arms and legs. This is particularly disheartening since the drug is only approved for short term use, but physicians have prescribed longer term use for many years. It is recommended that treatment not exceed three months.

Tardive Dyskinesia not only impedes day-to-day life, but is embarrassing because of involuntary body movements that may be rapid and jerky, slow and continuous. The lips may repeatedly grimace, the tongue may protrude irregularly, the eyes may move rapidly, the arms, legs and fingers may be impaired. There is no proven medical treatment for Tardive Dyskinesia, but the symptoms have decreased in a select number of people using Reglan once the medication was not used any longer.

Reglan has not been recalled by the FDA. Instead, there has been a black box warning placed on the drug label that describes the risk of Tardive Dyskinesia, even after the drug is stopped. The risk of Tardive Dyskinesia is greatest with long term or high dose use. This black box warning was placed following a high number of reports of Tardive Dyskinesia in Reglan users. Reglan is considered the most common cause for drug induced movement disorders.  Reglan, also known as Metoclopramide, is available in the form of tablets, syrups, and injections.

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In November of 2009, Yaz and a similar product Ocella were recalled following reports of serious injury in users as young as thirteen years old. The problems associated with Yaz and Ocella involve the dosage of drospirenone which is known for creating health problems in users that live in European countries. In fact, the use of this ingredient in oral contraceptives was previously banned in several countries.

Since 2009, over 1,000 lawsuits have been filed against Bayer, the makers of Yaz. As more consumers become aware of the medical conditions that Yaz can cause, it is suspected that more lawsuits will arise in the case against Bayer.  The company’s Yaz product has been linked to fifty deaths in women that experienced blood clots while taking the oral contraceptive.

Women today have many choices available to prevent pregnancy. When a new option is introduced to the FDA, the product must meet specifications such as delivering a higher value to the user or providing an improved choice for the user when compared to other options. Other hormone medications such as Prempro have been linked to breast cancer.

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Car accidents can be reduced if we were heed one of the earliest lessons offered in driver’s training or during behind-the-wheel instruction- be a defensive driver.  Anticipate what others might do on the road. Be aware of your surroundings. Listen. Be cautious. Be ready to take evasive action if a car accident is upon you. Prepare yourself for the worst-case scenario.

Car accidents today, however, often have nothing to do with a driver’s competence or a vehicle’s road-worthiness. A car accident could be caused by the risky acts of another driver.  In fact, one of the great road risks has nothing to do with or a driver’s competence. It is the absence of auto/truck insurance or the lack of adequate coverage.

Did you know that some states have upwards of 25 percent uninsured or under-insured drivers on the road during any given day, according to the National Insurance Council? In tough economic times, these numbers can increase dramatically. As traumatic as a car accident can be, imagine for a moment that the other driver who hits you doesn’t have auto insurance at all, or has inadequate car insurance.  The thought of being injured or your car being rendered inoperable can quickly turn into a painful reality and nightmare following a car accident.

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Car accidents happen. In fact, on average, it is estimated that an American citizen is in an auto accident six times during his or her lifetime. There were 6.4 million automobile accidents in the U.S. during 2005, the latest statistic available. However, the National Highway Transportation Safety Board’s early estimate is that 34,000 people were killed in motor vehicle accidents in 2009. Since there is a likely chance that you will be involved in a car accident in your lifetime, we’ve listed some tips for you know about car accidents.

1) Remain at the scene of the car accident. Whether there is injury or property damage or not, it is important to stay at the scene until the police give you permission to go. A person who leaves an accident scene prematurely can be cited and even charged criminally. It is better to wait and take the extra time to give an incident report to the police than to later find yourself in deep trouble.

2) At the car accident scene, do not move or administer first aid to anyone who is injured. You set yourself up for greater liability if something goes wrong and you are held responsible. Turn your car emergency flashers on and call 911, letting the trained first-responders handle the rest.

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Prempro is subject to another cause for alarm because of a recent recall. This drug recall affects two lots of the product, namely Lot C83323 (exp. 3-10) and Lot D82196 (exp. 12-10). Nearly, 50,000 cartons of Prempro are included in this particular drug recall.

Wyeth Pharmaceuticals, the manufacturer of Prempro, began the drug recall in January of 2010 by way of letter notification. However, people that have moved and have not changed their addresses may not be aware of the recall. The Prempro recall was initiated because the level of estrogen in the affected lots did not meet the specifications outlined in the company’s New Drug Application (NDA).

Prempro is used to treat menopausal symptoms. Wyeth also claimed that the drug improved cardiovascular activity.

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Roman Shades have been recalled by several companies over recent months following reports of strangulation in children the used the blind chords. Most recently, Ethan Allen joined the recall to include over 150,000 Roman Blinds. There were no reports of injury. However, all people using the Roman blinds should immediately take them down, store them in a safe place, return to the manufacturer or discard them. This recall affects all models and styles of Roman blinds.

Strangulation Risk

There are several ways that children can be strangled by Roman blinds. Children may place their neck between the inner cord and fabric when trying to look out the window or while playing near the blinds. Children may pull the cord out and wrap it around their neck. There is also a looped cord in which a child’s neck may get caught. Strangulation may involve a struggle which has the potential to tighten more around the neck. The end result may produce the inability to breathe, low blood pressure, chest pain, shock, stroke and death.

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Construction accidents can be some of the most devastating types of accidents. Workers that are injured on the job may be eligible for worker’s compensation benefits. However, benefits offered through worker’s compensation may not equate to compensation for the total damages and life changing experiences that are incurred because of work accidents. Construction workers undoubtedly work in a high risk environment. Whether working on a scaffold or working with hazardous materials, the risk of injury is high for construction workers. For this reason, it is important to help prevent construction accidents as much as possible.

NIOSH has recently developed a set of precautions that construction workers can take to reduce the risk of serious injury or death, including:

  • Substances that are produced, used or result from job related tasks may pose a risk for injury or death.
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Cardiac patients should be aware of the Class I Recall involving Thomas Medical Products with the company’s Transseptal Sheath Introducer Kit, also known as HeartSpan, CHANNEL FX, and Torflex, Braided Guiding Introducer Kit. This medical device is used in cardiac patients to pass a heart catheter from one side of the heart to the other during cardiac surgery.  It has reported that the tip of the medical device may break off, move through the heart and arteries as well as penetrate vital organs such as the heart or brain. Consequently, cardiac patients that experience this defect may be subject to emergency open heart surgery or suffer from injury such as heart attack, stroke or death.

Cardiac patients should be aware that cardiologists are in the process of being informed. Class I Recalls are the most serious types of recalls. Such recalls are usually generated following reports of life threatening injury and/or death.  It is wise for cardiac patients to be aware of medical device defects. Cardiac patients may inform cardiologists about the defect. Though, it is not the responsibility of cardiac patients to be informed about medical devices or inform physicians. It is the responsibility of the manufacturer to inform cardiologists about medical device defects.

Cardiac patients and their families may not be aware that illness, stroke, heart attack or death may be caused by a defective medical device. This may appear to be an unexpected, but natural occurrence for an individual with heart disease. However, such is not always the case in medical devices that are subject to a Class I recall. Lawyers that focus on illnesses relating to defective medical devices invest in research to identify the true cause for unexpected injuries and death.

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