House Investigates Defective Medical Device Protections

May 13, 2018 Injury Lawyer San Diego 0

Earlier this year, the United States Supreme Court held in Riegel v. Medtronic that lawsuits based upon state tort law were preempted (barred) by federal law IF the FDA had granted the alleged defective product “pre-market approval” as a medical device.

The protections given to medical device manufacturers in Riegel may be extended to pharmaceutical drug manufacturers when the Supreme Court hears Wyeth v. Levine later this year.

However, Congress is looking at legislatively reversing the Supreme Court’s ruling. Beginning tomorrow, hearings will be held in the House Committee on Oversight and Government Reform to discuss the effect of the Riegel decision and the effect an extension in Wyeth may have.

Write your Congressman and Senators and tell them that legislative reform is needed to provide protections to victims of defectively designed medical devices. If a medical product is defective, a manufacturer should not escape liability simply because the FDA signed off on it–perhaps before the actual defect is discovered after long-term human use.

4moms Play Yard Sheets Recalled Due to Entrapment Risks

February 13, 2018 Injury Lawyer San Diego 0

4moms has recalled about 1,440 units of its “breeze” play yard sheets because the sheets pose an entrapment and suffocation hazard for small children, according to the Consumer Product Safety Commission (CPSC).

The sheets are made of cream-colored cotton jersey, and were sold as an accessory to accompany the brand’s “play yard,” a modular playpen. The sheets were intended to cover the bottom of the play yard, but the recalled sheets are too small to cover the entire bottom snugly. As a result, it is possible for a child to crawl between the sheet and the bottom of the play yard and become trapped, a situation which could lead to suffocation or other injuries.

Recalled Product Details
The recalled sheets bear the serial number 4M-009-10-000101 on their packaging and the number UPC 817980011137 on the white warning tag sewn onto the sheet. They were sold at buybuy Baby and other children’s product retailers nationwide between December 2012 and January 2013.

So far, 4moms says it hasn’t received any reports of injuries. However, the too-small recalled sheets should not be used in the play yards. Instead, parents should return them for a refund. Consumers can contact 4moms at (888) 977-3944 for more information.

Nobody who buys a toy or other item for a child ever wants to see that child hurt by the item. When a hidden defect is lurking in a child’s toy or other item, however, serious injuries may result. If a child you love has been injured by a defective product, please don’t hesitate to contact our skilled child product defect attorneys to discuss your legal rights and options. Your initial consultation is free and confidential.

Hard-Boiled Eggs Recalled in 34 States

February 9, 2018 Injury Lawyer San Diego 0

Hard-cooked eggs from a Michael Foods’ Nebraska plant have been subjected to a massive recall due to listeria contamination caused by a repair project that occurred in the processing room of the facility. Initially, the recall was issued on January 26, but has since been expanded and now includes more than one million eggs spread across 34 states produced by Michael Foods, according to

Michael Foods does not sell directly to consumers but instead sells their products to other food distributors and manufacturers, who then sell them under their names. Recalled eggs have been sold under brand names Glenview Farms, Papetti’s, Columbia Valley Farms, Wholesome Farms, GFS, and Silverbrook. The foods were sold in 34 states, including California, and were originally distributed in 10- and 25-pound pails of cooked and peeled eggs.

Because the eggs were used in various ways by the distributors, not only eggs, but prepared sandwiches, salads, and other products using the eggs have been included in this food recall, as well.

So far, no illnesses have been reported in connection with the recalled food, as the contamination was originally discovered via lab tests conducted by a third party. Listeria exposure can result in a serious illness that is especially dangerous for young children, the elderly, pregnant women, and those with weak immune systems.

If you or a loved one has been injured or suffered health problems due to a defective product, you have the right to seek compensation for your losses, whether or not the item has been recalled. For more information on how we can help you, contact the Carlsbad product liability attorneys.

Defective Products: 4-Year-Old Mission Viejo Girl Dies in Washing Machine

February 7, 2018 Injury Lawyer San Diego 0

4-Year-Old Kayley Ishii of Mission Viejo, California was killed at her home after she climbed into a front loading washing machine which was then turned on by her 1-year-old brother. Kayley Ishii was inside the water-filled washing machine for approximately 2 minutes before she was found by her mother. She was taken to Mission Hospital Regional Medical Center but later died from her injuries.

It is unbelievable that a 1-year-old could turn on a washing machine without any assistance from an adult. However, the power button for the machine was located less than 20 inches above the ground and within easy reach of the toddler. That would seem to be a very reckless and negligent design defect for this product. Combined with the fact that children could easily climb inside it and you have a combination of tragically poor design defects.

If the product design is defective, California law requires that the manufacturer be “strictly liable” (meaning that they can be held responsible even though the manufacturer acted reasonably) for Kayley Ishii’s death.

We sent our prayers and thoughts to the Ishii family. Nothing is more tragic than losing a child, particularly under such tragic circumstances.

US Government Recalls Childrens’ Playsets Used in San Diego

February 6, 2018 Injury Lawyer San Diego 0

The US Consumer Product Safety Commission and Playland International of Carrollton, Georgia, announced a voluntary recall of Arch Swing Sets commonly used in San Diego County playgrounds.

The reason for the recall is that the metal around the welds on the top of the set frame can fail and cause the top bar to fall injuring children and bystanders.

The Arch Swing Sets were sold between September 2001 through May 2006 and are constructed of 3.5 inch metal frames that come in a variety of colors. Illustrative pictures are here:

If you are concerned that you, a neighbor, or a public park are using the Arch Swing Set after the recall, please let them know about it right away. If you want any more information or you have been injured by a defective Arch Swing Set, please contact the experienced defective product attorneys.

San Diego Salmonella Food Poisoning Tied to Unlicensed Texas Plant

February 3, 2018 Injury Lawyer San Diego 0

San Diego residents suffering from food poisoning due to salmonella in their peanut butter products appear to be the victim of a Texas processing plant that went unlicensed and uninspected for years.

The Plainview, Texas plant for Peanut Corporation of America was never inspected until it came under investigation by the FDA.
Inspectors have not found any trace of salmonella at the plant but have determined that the plant had been operating without a license and without inspection for years.

Unfortunately, this is a common occurrence. The company’s sister plant in Blakely, Georgia revealed roaches, mold, and numerous positive tests for salmonella.

We hope that federal and state health inspectors do their job now that this outbreak has spread nationwide and shut these plants and Peanut Corporation of America down. If you have been exposed to salmonella food poisoning, please immediately go see a doctor and receive urgent health care. Our office is available at any time after you’ve received health care. Please contact us and speak to a lawyer about your food poisoning injury.

Los Angeles Judge Rules Against Car Owners in Defective Seatbelt Lawsuit

February 2, 2018 Injury Lawyer San Diego 0

On Thursday, a Los Angeles Superior Court Judge ruled that a seatbelt manufactured by Takata Corp. of Japan was safe and met federal safety standards. The ruling ended a lawsuit brought by car owners who had claimed that the TK-52 seatbelt–installed in approximately 4 million cars in California–was improperly tested and subject to its’ buckle opening during collisions.

Lawyers for the car owners vowed to appeal.

None of the car owners claimed that any of the seatbelts were actually defective. Nor did they claim that they had been injured by the seatbelts. The allegation was that the seatbelt would fail in the future.

Other class-action lawsuits against Takata had been previously dismissed in other lawsuits.

MSNBC Takes on Federal Medical Device Preemption

January 22, 2018 Injury Lawyer San Diego 0

Federal preemption of state laws is a dry subject. It puts lawyers and law students asleep.

However, the consequences of preemption can be both real and significant.

The Supreme Court recently in Riegel v. Medtronic decided that a state tort injury actions for defective medical devices are barred when the FDA grants the device premarket approval through the federal Medical Devices Act.

With such a technical ruling, the national media has largely ignored the far-reaching significance of this ruling. However, MSNBC’s Keith Olberman recently took on the federal preemption issue in Riegel–and took the opportunity to bash Bush (shocker!)–in his usual one-sided presentation of facts.

Like Ronald Miller of the Maryland Injury Lawyer Blog, who drew our attention to the video, I’m not a big fan of Olberman. In fact, I’d probably agree to any derogatory term used to describe him and he hasn’t been funny or clever since his time on ESPN. But he deserves some credit for taking notice of this ruling.