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Toyota Recalls Millions of Cars

By Allan S. Ripka - Last updated: Thursday, January 28, 2010

Toyota announced on Thursday that it will recall an additional 1.09 million vehicles in the United States because of problems with gas pedals andfloor mats, which comes only a day after Toyota announced that it would suspend U.S. sales of eight models - including the Camry, America’s top-selling car - to fix faulty gas pedals that could stick and cause acceleration without warning. Last week, Toyota issued a recall for the same eight models, affecting 2.3 million vehicles. In late 2009, Toyota recalled 4.2 million vehicles over concerns that floor mats could bend across gas pedals, causing sudden acceleration.

The affected models are: 2009-2010 RAV4, 2009-2010 Corolla, 2009-2010 Matrix, 2009-2010 Matrix, 2005-2010 Avalon, 2007-2010 Camry, 2010 Highlander except hybrid models, 2007-2010 Tundra, 2008-2010 Sequoia.

Toyota stated that it would fix or replace the accelerator pedals for the recalled vehicles to avoid the risk offloor matentrapment. The company said that it would replace floor mats as well for the latest recalled vehicles. Toyota has suspended sales of the affected models and halted production at six North American plants, with no date yet announced for production restoration.

In March of 2007, Toyota started getting reports of gas pedals being slow to rise after being depressed for acceleration. Engineers fixed the problem in the Tundra pickup early in 2008.Other private reports state that there have been thousands of incidents since 1999, but Toyota would not confirm any numbers.

Safety experts said drivers should watch for warning signs, such as when the act of pressing the gas pedal starts to feel rougher or when the pedal does not fully return to its regular position.The best thing to do if this happens to you is to hit the brake hard and hold it firmly, then shift into neutral and steer the car off the road, and drivers with affected gas pedals are advised not to pump the brake.

No doubt, there have likely been thousands of injuries related to this faulty gas pedal, and many pending lawsuits.If you, a friend, or loved one has been injured as a result of a faulty gas pedal in one of these affected car models, please contact our law office. The professional team of lawyers at Napoli Bern Ripka law firm can evaluate your situation and determine the next steps to gain justice for you and your family. Napoli Bern Ripka, LLP has fought against large companies in other matters and will fight for you if we believe you have a potential case for product liability, personal injury, or medical malpractice, and is prepared to go to court and have a trial if necessary. Please fill out the form and submit or call and ask for Alan Ripka, one of our partners. Please specifically mention that you read the blog when contacting our office.

Filed in Product Liability

Chrysler Recalling 24,000 Vehicles Due to Risk of Brake Failure

By Paul J. Napoli - Last updated: Monday, January 18, 2010

January 17, 2010The National Highway Traffic Safety Administration (NHTSA) announced today that Chrysler Group LLC is recalling 24,177 vehicles due to risk of brake failure.

Chrysler vehicles included in this recall are an estimated 1,362 model year 2010 Chrysler Sebring and Dodge Avenger; 1,879 2010 Jeep Commander and Jeep Grand Cherokee; 4,064 2010 Dodge Nitro and Jeep Liberty; and 16,872 model year 2009-2010 Dodge Ram Truck. These vehicles may have been built with an improperly formed or missing brake booster input rod-retaining clip, which could result in brake failure without warning and may cause a crash.

An operator at the company’s Toledo North Assembly Plant (TNAP) first noticed a problem with the clip on November 16, 2009, prompting a company inspection that found the clip retention tab on the brake pedal pin was improperly formed during the clip manufacturing process.

To remedy the vehicle defect, Chrysler will replace the brake booster input rod-retaining clip free of charge. Owners of the recalled vehicles Chrysler may contact Chrysler at 1-800-853-1403.

The National Highway Traffic Safety Administration (NHTSA) conducts defect investigations and administers safety recalls. NHTSA is authorized to order manufacturers to recall and repair vehicles or items of motor vehicle equipment when investigations indicate that they contain serious safety defects in their design, construction or performance. Manufacturers voluntarily initiate many of these recalls, while others are either influenced by NHTSA investigations or ordered by NHTSA via the courts.

Examples of defects considered safety-related by the NHTSA

· Steering components that break suddenly causing partial or complete loss of vehicle control.

· Problems with fuel system components, particularly in their susceptibility to crash damage, that result in leakage of fuel and possibly cause vehicle fires.

· Accelerator controls that may break or stick.

· Wheels that crack or break, resulting in loss of vehicle control.

· Engine cooling fan blades that break unexpectedly causing injury to persons working on a vehicle.

· Windshield wiper assemblies that fail to operate properly.

· Seats and/or seat backs that fail unexpectedly during normal use.

· Critical vehicle components that break, fall apart, or separate from the vehicle, causing potential loss of vehicle control or injury to persons inside or outside the vehicle.

· Wiring system problems that result in a fire or loss of lighting.

· Car ramps or jacks that may collapse and cause injury to someone working on a vehicle.

· Air bags that deploy under conditions for which they are not intended to deploy.

· Child safety seats that contain defective safety belts, buckles, or components that create a risk of injury, not only in a vehicle crash but also in non-operational safety of a motor vehicle.

If you or a loved one has been injured or a loved one killed in an auto accident as the result of a safety-related defect listed above, contact Napoli Bern Ripka LLP immediately. We will discuss the situation with you and come up with a plan of action to help you get compensation for your injuries, property damage or a loved one’s wrongful death. Visit www.napolibern.com or call 1-888-529-4669 to discuss your case and find out the best course of action to ensure that you get the compensation you deserve.

Filed in Product Liability

Nearly a Million Home Improvement Books Recalled Due to Faulty Do-It-Yourself Wiring Instructions

By Paul J. Napoli - Last updated: Sunday, January 10, 2010

Consumers test their home repair or remodeling skills, or try to save money, by doing home improvement projects themselves. They often start with a trip to the local hardware or mega-sized home improvement store for materials and perhaps a how-to-do-it-yourself instruction book. However, the U.S. Consumer Product Safety Commission (CPSC), in cooperation with Oxmoor House, Inc., today announced a voluntary recall of about 951,000 such home improvement books.

The books, with publication dates spanning a period of 35 years, contain errors in the technical diagrams and wiring instructions that could lead consumers to incorrectly install or repair electrical wiring, posing an electrical shock or fire hazard to consumers. Although the CPSC states that no incidents or injuries have occurred, with nearly a million books in the hands of consumers, some since 1975, could fire officials, police or consumers themselves have improperly attributed occurrences of electrical shocks or fires to the inexperienced do-it-yourselfers instead?

Nine different book titles are affected by this recall, including Lowe’s Complete Home Wiring - How to Get the Job Done Right. Consumers may have bought the books at home improvement stores and bookstores nationwide from January 1975 through December 2009 for between $13 and $35.

AmeriSpec Home Repair Handbook

ISBN 978-0-376-00180-1 Publication Date - January 2006

Lowe’s Complete Home Improvement and Repair

ISBN 978-0-376-00922-7 Publication Date - September 2005

ISBN 978-0-376-01098-8 Publication Date - December 1999

Lowe’s Complete Home Wiring

ISBN 978-0-376-00928-9 Publication Date - May 2008

Sunset Basic Home Repairs

ISBN 978-0-376-01581-5 Publication Date - February 1995

ISBN 978-0-376-01025-4 Publication Date - January 1975

Sunset Complete Home Wiring

ISBN 978-0-376-01594-5 Publication Date - December 1999

Sunset Complete Patio Book

ISBN 978-0-376-01411-5 Publication Date - January 2006

ISBN 978-0-376-01397-2 Publication Date - January 1998

ISBN 978-0-376-01399-6 Publication Date - April 1990

Sunset Home Repair Handbook

ISBN 978-0-376-01258-6 Publication Date - October 1998

978-0-376-01256-2 Publication Date - February 1985

Sunset Water Gardens

ISBN 978-0-376-03849-4 Publication Date - January 2004

Sunset You Can Build - Wiring

ISBN 978-0-376-01596-9 Publication Date - January 2009

Consumers should stop using the recalled books and contact Oxmoor House toll-free at (866) 696-7602 for a complete refund.

Products liability is the branch of law that deals with the liability of parties involved in the manufacturing of a product for any damages caused by the product. Defective products can cause a great deal of property damage or physical injury, even death. If you have been injured or sustained property damage as the result of a defective product, then you need the services of an experienced attorney who has successfully handled product liability cases. At Napoli Bern Ripka, LLP, our attorneys will work with you to begin the process of filing a claim so you can recover damages for repair or replacement of your property or for medical expenses incurred because of your injury. Call 888-529-4669 today.

Filed in Product Liability

Study Finds Soda Fountain Drinks Contain Bacteria Resistant to Antibiotics

By Paul J. Napoli - Last updated: Sunday, January 10, 2010

Authors of a new study published in this month’s issue of International Journal of Food Microbiology believe that, “Soda fountain machines may harbor persistent communities of potentially pathogenic microorganisms, which may contribute to episodic gastric distress in the general population and could pose a more significant health risk to immune-compromised individuals.”

Researchers at Hollins University and Virginia Western Community College in Roanoke, VA tested ninety beverage samples of sugar sodas, diet sodas and water obtained from 20 self-service and 10 personnel-dispensed soda fountains in the Roanoke area for microbial contamination.

They found that 48% of the beverage samples analyzed contained Coliform bacteria, an indicator of insanitary conditions and potentially feces. More than 11% on beverage samples contained Escherichia coli and over 17% contained Chryseobacterium meningosepticum. Researchers also found Klebsiella, Staphylococcus, Stenotrophomonas, Candida, and Serratia in the beverage samples. When tested, most of the identified bacteria in the beverage samples showed resistance to one or more of 11 different antibiotics.

“We can’t have that in our drinking supply,” said Renee D. Godard, Professor of Biology and Environmental Studies at Hollins University and co-author of the study. “But they’re coming out of these soda fountain machines.”

The cause of these contaminations is unknown, but may be attributed to unsanitary user contact with the beverage dispensers or the improper/infrequent cleaning, flushing and sanitizing of the beverage machines.

There were no illnesses linked to the contaminated beverages in the Roanoke area during the time of the study. Although there has not been a severe outbreak of illnesses associated with a soda fountain in about ten years, episodes of gastrointestinal illness often go unreported. Ten years ago, bacteria had not developed the resistance to antibiotics that is seen today.

“These findings have important public health implications and signal the need for regulations enforcing hygienic practices associated with these beverage dispensers,” said researchers in the study.

If you or a family member has suffered an injury due to someone else’s negligence, you may be entitled to compensation. Call Napoli Bern Ripka LLP at 888-529-4669, we have the experience and knowledge needed to help you file a personal injury claim and see it through to its resolution. Our experienced attorneys can answer your questions and ease your concerns so that you can concentrate on healing from your injury or illness.

Filed in Product Liability

Popular Children’s Book Recalled Due to Choking Hazard

By Paul J. Napoli - Last updated: Monday, December 14, 2009

The U.S. Consumer Product Safety Commission (CPSC) and Simon & Schuster Inc., of New York, N.Y., have announced a voluntary recall of the popular Monday the Bullfrog Plush Book because the plastic eye on the frog can detach, which may pose a choking hazard to young children.

Monday the Bullfrog is a plush puppet bullfrog with a board book attached to the frog’s mouth and intended for audiences of infant and preschoolers. Consumers can identify the book by the ISBN numbers 10: 1416912312 and 13: 9781416912316 printed inside the mouth of the bullfrog.

Simon & Schuster has received reports of three plastic eyes that detached after use and one unit packaged with a detached eye. The CPSC and Simon & Schuster have received no reports of injury, but 142,000 Monday the Bullfrog books are recalled for safety concerns.

Bookstores and retailers sold Monday the Bullfrog, in clear plastic packaging, across the United States and online from January 2006 through November 2009 for about $18.
Consumers should immediately place the product out of a child’s reach and contact Simon & Schuster for a free replacement product.

For more information, call Simon & Schuster at (800) 732-9531 between 8:30 a.m. and 5 p.m. ET Monday through Friday or visit the company’s Web site at http://kids.simonandschuster.com.

Parents should be especially vigil this holiday season for recalled products such as Monday the Bullfrog, but also for any toy that may pose a choking or safety hazard. The CPSC is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Visit https://www.cpsc.gov/cgibin/incident.aspx

Products liability is the branch of law that deals with the liability of parties involved in the manufacturing of a product for any damages caused by the product. Defective products can cause a great deal of property damage or physical injury, even death. If your child has been injured as the result of a defective Monday the Bullfrog book or other product, you need the services of an experienced attorney who has successfully handled product liability cases. At Napoli Bern Ripka LLP, our attorneys will work with you to begin the process of filing a claim for payment of medical expenses incurred and compensation for the injury. Call 888-529-4669 today.

Filed in Product Liability

Maclaren Recalls Strollers Because of Child Finger Amputations

By Allan S. Ripka - Last updated: Sunday, December 13, 2009

When you have a baby, the last thing you want to think about is whether the stroller you purchased is safe - especially whether or not your Maclaren stroller will injure or even cut off your child’s finger. Like most parents, hearing your child’s first words or seeing their first step is what is imagined and lived for. Purchasing all the necessities should be fun and exciting, not dangerous for unsuspecting and gaga-eyed parent. 
The following information is what the news and other organizations have reported about the Maclaren stroller from the years 1999 to 2009.

Maclaren has recently recalled 1 million strollers purchased between 1999 and 2009 in the U.S. because of reports of finger amputations of children placed in the stroller.This recall includes all nine models of Maclaren’s double and single umbrella strollers: Volo, Triumph, Quest Sport, Quest Mod, Techno XT, Techno XLR, Twin Triumph, Twin Techno, and Easy Traveller.These models have been sold at retailers nationwide such as Babies “R” Us and Target.

The South Norwalk, Conn.-based company announced the voluntary recall in cooperation with the U.S. Consumer Product Safety Commission. The firm has received 15 reports of children placing their finger in the stroller’s hinge mechanism, resulting in 12 reports of fingertip amputations in the United States.

The Consumer Product Safety Commission says the dangerous side joints of the model is the cause of these injuries, with danger occurring when users open up the umbrella strollers and children get their fingers in the hinges.As a remedy, Maclaren is offering free hinge covers to better protect children.Owners of these strollers are to contact the company to receive a free repair kit.

If you or a loved one has been injured as a result of the faulty hinge mechanism, you may be entitled to compensation. The professional team of lawyers at Napoli Bern Ripka Law Firm can evaluate your situation and determine the next steps to gain justice for you and your family. Napoli Bern Ripka, LLP has fought against large companies in other matters and will fight for you if we believe you have a potential case for medical malpractice, products liability, personal injury, and is prepared to go to court and have a trial if necessary. Please fill out the form and submit or call and ask for Alan Ripka, one of our partners.

Filed in Product Liability

2.1 Million Cribs Recalled due to Infant Entrapment and Suffocation, Two NY Children Dead

By Paul J. Napoli - Last updated: Tuesday, November 24, 2009

The U.S. Consumer Product Safety Commission (CPSC) and Stork Craft Manufacturing Inc. announced a recall of more than 2.1 million Stork Craft drop-side cribs due to incidents of the drop-side detaching, causing injuries, entrapments and the death of four infants.

There have been 110 incidents of drop-side detachment reported. The incidents include 15 entrapments, four of the entrapments resulted in suffocation death of a 7-month-old in Gouverneur, N.Y.; a 7-month-old in New Iberia, La.; a 6-month-old in Summersville, W.Va.; and a 9-month-old in Bronx, N.Y. There have also been 20 falls from cribs reported, causing injuries ranging from concussions to bumps and bruises.

The cribs involved in these incidents had plastic drop-side hardware that had broken, missing, or deformed claws, connectors, tracks, or flexible tab stops; loose or missing metal spring clips; stripped screws; and/or drop-sides installed upside-down. All of these problems can cause the drop-side to detach in one or more corners. When the drop-side detaches, it creates space between the drop-side and the crib mattress. The bodies of infants and toddlers can become entrapped in the space, which can lead to suffocation. Complete detachment of drop-sides can lead to falls from the crib.

Stork Craft drop-side cribs under this recall have manufacturing and distribution dates between January 1993 and October 2009 and Stork Craft cribs with the Fisher-Price logo have manufacturing dates between October 1997 and December 2004. The manufacture date, model number, crib name, country of origin, and the firm’s name, address and contact information are located on the assembly instruction sheet attached to the mattress support board. The firm’s insignia “storkcraft baby” or “storkling” is inscribed on the drop-side teething rail of some cribs. In Stork Craft cribs that contain the “Fisher-Price” logo, this logo can be found on the crib’s teething rail, in the manufacturer’s instructions, on the assembly instruction sheet attached to the mattress support board, and on the end panels of the Twinkle-Twinkle and Crystal crib models.

This recall involves approximately 1,213,000 units distributed in the United States and 968,000 units distributed in Canada. They were sold at major retailers such as BJ’s Wholesale Club, J.C. Penney, Kmart, Meijer, Sears, USA Baby and Wal-Mart stores and online at Amazon.com, Babiesrus.com, Costco.com, Target.com, and Walmart.com from January 1993 through October 2009 for between $100 and $400.

This recall does not involve any cribs that do not have a drop-side. This recall does not involve any cribs with metal rod drop-side hardware. It involves only those cribs with plastic trigger and one-hand-system drop-side hardware.

The CPSC warns parents and caregivers are to stop using the recalled cribs immediately. They should find an alternative, safe sleeping environment for their baby. Consumers should contact Stork Craft at (877) 274-0277 or log on to www.storkcraft.com to order a free repair kit that converts the drop-side on these cribs to a fixed side. They should wait for the free repair kit and do not attempt to fix the cribs without the kit.

CPSC is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please visit https://www.cpsc.gov/cgibin/incident.aspx.

Products liability is the branch of law that deals with the liability of parties involved in the manufacturing of a product for any damages caused by the product. Defective products can cause a great deal of property damage or physical injury, even death. If your child was injured or killed as the result of a defective Stork Craft drop-side crib or other product, you need the services of an experienced attorney who has successfully handled product liability cases. At Napoli Bern Ripka LLP, our attorneys will work with you to begin the process of filing a claim for payment of medical expenses incurred and compensation for the injury. Call 888-529-4669 today.

Filed in Product Liability

Denture Creams Super Poligrip and Fixodent May Cause Neurological Damage

By Paul J. Napoli - Last updated: Tuesday, October 13, 2009

Thirty four million Americans have dentures and about one third utilize denture cream to secure dentures in the mouth. Users of denture creams are being warned that zinc in certain products has been linked to neurological damage.

Zinc is an essential mineral that is naturally present in some foods, added to others, and available as a dietary supplement. A wide variety of foods contain zinc, such as red meat, poultry, beans, nuts, certain types of seafood (such as crab, lobster and oysters), whole grains, fortified breakfast cereals, and dairy products. The National Institute of Health’s Recommended Dietary Allowance (RDA) of zinc for an adult over 19 years of age is 11mg for men and 8mg for women. Tolerable Upper Intake Level (UL), which is the maximum daily intake unlikely to cause adverse health effects, for an adult over 19 years of age is 40mg. Increased levels of zinc in the body can interfere with copper and iron absorption, which is known to increase the risk of significant neurological disease.

A 2008 study released by the American Academy of Neurology tested four patients with dentures who used excessive amounts of denture cream and the zinc concentrations in Fixodent and Poligrip. The study concluded that the denture creams contain zinc, and chronic excessive use may result in hypocupremia and serious neurologic disease. There have also been adverse events of neuropathy reported to the U.S. Food and Drug Administration (FDA) regarding both Proctor and Gamble Manufacturing Corp’s Fixodent and Super Poligrip made by GlaxoSmithKline PLC. Some researchers estimate that some people who use excessive amounts of denture adhesive to secure ill-fitting dentures may be exposed to 330 mg of zinc daily, far above the RDA and UL of National Institute of Health.

The FDA classifies denture adhesives as medical devices under the Food, Drug and Cosmetic Act. Moreover, the FDA has also classified this product as a low-risk device (Class I). The FDA does not require that manufacturers list the amount of zinc in these products, nor do they require a warning label.

Lawsuits have been filed against Proctor and Gamble Manufacturing Corp. and GlaxoSmithKline PLC on behalf of denture cream users who have experienced neurological side effects from Fixodent and Super Poligrip. The suits allege that the manufacturers failed to disclose the presence of zinc in the product or to warn consumers to risks associated with the product’s use.

If you or a loved one used Super Poligrip or Fixodent and experienced numbness, tingling, pain, weakness, loss of sensation, loss of balance, paralysis, difficulty breathing or other neurological symptoms, your denture cream may have caused it. Doctors do not always attribute these symptoms to zinc poisoning, especially because most denture users are elderly. Certain tests are needed to understand if zinc poisoning has contributed to your medical condition.

When a product causes serious injury or death, it is important to contact a personal injury attorney who has experience in handling product liability cases. Products liability is the branch of law that deals with the liability of parties involved in the manufacturing of a product for any damages caused by the product. Call Napoli Bern Ripka LLP today at 888-529-4669 to discuss your case and determine if you are entitled to compensation for your injuries.

Filed in Product Liability