Articles Posted in Products Liability

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By Anthony Ferguson, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

health%20medical%20syringe%20close%20up%20white%20background.jpgAccording to a recent study published in the Journal of Clinical Oncology mistakes in medication given to cancer patients occurs all too frequently. The study found 22 errors among 117 visits (18.8% error rate) to a pediatric oncology clinic. The study found 90 errors among 1,262 visits (7.1% error rate) to three adult oncology clinics. Most errors involved incorrect doses of medication. Of the adult medication errors, 61% had the potential to cause injury and 12% in fact caused patient injury. Of the pediatric medication errors, 41% had the potential to cause injury and 18% did cause injury. You can read more about the study at Medication Errors Involving Pediatric Cancer Patients.

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By Stephanie F. Brown and David Wolf, Attorney

Published by Child Injury Lawyer Network

health%20medical%20pharmacy%20red%20and%20white%20capsule%20pill.jpgFor children in Georgia injured by prescription and over the counter drugs, Georgia’s Governor wants to deny them their right to recovery if the drugs were FDA approved. In an effort to encourage business in Georgia, Governor Sonny Perdue has proposed a grant of civil immunity to pharmaceutical companies from lawsuits seeking recovery for damages caused by drugs that had FDA approval. Apparently believing that the FDA is infallible and only approves safe drugs, the Governor seeks to make Georgia a more attractive state for businesses, including the biotechnology companies. This proposed legislation, however, fails to recognize the many instances when the FDA grants approval but later pulls a drug once various harmful effects are discovered in mass use by the public.

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By Ryan E.Alekman, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Playground%20Monkey%20Bars%20Close%20Up%20Blue%20Sky%20Danger%20Falls.jpgMonkey bars are placed on playgrounds in Massachusetts and throughout the United States. Children love hanging from, hanging upside on, crossing, standing on, and sitting on monkey bars. Many children enjoy the challenge and the height of monkey bars. The problem is that children fail to appreciate the dangers of monkey bars and sustain serious personal injuries from falls from monkey bars. A Boston, Massachusetts medical study mentioned on the the American Academy of Pediatrics Website concluded that serious injuries result from falls from monkey bars. The study reviewed admissions to emergency rooms and the injuries reported in these medical records.

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By Stephanie Brown and David Wolf, Attorney

Published by Child Injury Lawyer Network

baby%20infant%20toddler%20formula%20milk%20bottle%20dripping.jpgA nonprofit consumer group, Consumers Union, is opposed to a decision by the Food and Drug Administration to permit infant formulas manufactured in the United States to be sold when the formula is contaminated with melamine or its byproducts. The FDA detected melamine and its byproduct cyanuric acid separately in four out of 89 containers of infant formula tested in the fall of 2008, including Nestle Good Start Supreme Infant Formula with Iron and Mead Johnson’s Enfamil LIPIL with Iron. The FDA, however, authorized sale of the formulas because melamine and cyanuric acid were not found together in the formulas. According to the FDA, dangerous effects can occur only when both melamine and cyanuric acid are present.

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By Stephanie F. Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

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A peanut butter plant located in South Georiga has been linked by the U.S. Food and Drug Administration to an outbreak of salmonella that has caused illness in 486 people and the possible deaths of six others. The peanut butter was manufactured in a plan owned by the Peanut Corporation of America. The peanut butter was sold to institutions such as schools and hospitals as well as food companies that use the product as an ingredient in other products. Georgia schools and hospitals have been removing peanut butter from their menus. A complete list of recalled products can be found at the Food and Drug Administration Web Site. You can read more about the Georgia peanut butter plant at the Georgia Peanut Butter Plant Linked to Salmonella.

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By Stephanie Brown and David Wolf, Attorney

Published by Child Injury Lawyer Network

toy%20teddy%20bear%20with%20blue%20bow%20tie%20on%20white%20background.jpgIn Georgia and Other States, children in day care centers as well as homes and elsewhere suffering personal injuries and, in some instances, even death from unsafe or broken toys. In light of these days, the Georgia Department of Human Resources – Department of Family & Children Services enacted regulations for Toys for Children in day care centers. There is a specific section on Toys for Children Under the Age of 3 due to the increased risk of choking and other problems with toys for children in this age range. Pursuant to Chapter 290-2-2-.12 (ff), Physical Environment and Equipment, Rules and Regulations for the State of Georgia, all toys used (played with) by children under the age of three shall be:

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By Stephanie Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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A lawsuit was filed recently against the Walt Disney Co. which provided a license for a bassinet manufactured by Simplicity, Inc. Kennedy Brotherton Jones died as a result of strangulation in the allegedly defective crib. The manufacturer, Simplicity, Inc. previously filed for bankruptcy. After Kennedy’s death, the Consumer Product Safety Commission ordered a recall of these cribs as they represented a danger of serious injury and death to infants. Disney did not manufacture the crib and will defend the case on the argument that it only provided a license for its image which is far different than a guarantee of safety or workmanship. It will be interesting to see how the Courts handle the issue of licensor liability for defective consumer products.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Magnets can be simple child toys. My son has magnets and plays with them from time to time. These simple play toys can lead to the death of child if ingested. Many toy magnets these days are smaller than coins. The ingestion of magnets can lead to the pinching and perforation of the internal organs / intestines which in turn can lead to infection, sepsis and death. Ingesting a magnet is a medical emergency that requires immediate medical care. School and day care centers should be especially diligent to purchase and maintain safe toys. Furthermore, supervision is key to the safety and well being of children in schools, day care centers, homes, and other places. You can see this very informative animation and other information regarding magnets at the Chicago (Illinois) Tribune Web Site at How Magnets Kill – A Dangerous Connection.

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