Product Recall: Dynacraft Recalls Monster High City Motor Scooter Due to Fall Hazard; Sold Exclusively at Walmart

The Consumer Product Safety Commission issued a recall on February 26, 2013 on the Dynacraft Recalls Monster High City Motor Scooter which has been sold exclusively at Walmart nationwide. According to the CPSC, nine reports of incidents of City Scooters accelerating unintentionally, including three with minor injuries that include a bloody nose and bruises. The scooters can accelerate suddenly while in use, causing the rider to lose control and fall.

This recall involves electric, battery-operated City Scooters that are purple and black with Monster High graphics on the front panels, seat and rear fenders. The scooters were manufactured between October 5, 2012 and November 7, 2012. Model number “8801-14″ and the date of manufacture, formatted as “YYYY/MM/DD,” are printed on a data label on the underside of the scooter’s center platform. Serial numbers for the recalled scooters have the letters “QYCEI” followed by a six-digit number in the following range: 003125 through 014456. The serial number can be found etched on the underside of the scooter’s center platform near the data label. The product was distributed by Dynacraft BSC Inc., of American Canyon, California.

Consumers should immediately stop using the City Scooter, disconnect the battery and return it to the nearest Walmart store to receive a full refund or store credit. Consumer contact information, more details and a link to report an incident involving this product can be found on the CPSC website

Okun, Oddo & Babat specializes in the representation of victims who have suffered serious personal injuries. We represent accident victims in all areas of personal injury arising out of automobile accidents, medical malpractice, hospital negligence, defective products and drugs, premises liability, construction site accidents and wrongful death. We handle civil litigation and trials in both the State and Federal Courts. We also offer high quality representation in all types of criminal and commercial matters. For more information call us at 212.642.0950 or email us

Wild Alaskan Salmon Product Recall

The Food & Drug Administration recently posted two recalls/food safety alerts pertaining to Whole Foods Market Whole Catch Wild Alaskan Sockeye Salmon (4 oz). On Friday January 25, a recall was issued by the FDA on lot code 7425A2298B, which was sold in Whole Foods stores in Colorado, Connecticut, Florida, Idaho, Kansas, Maine, Massachusetts, New Jersey, New Mexico, New York, Rhode Island, and Utah. On January 30, the FDA issued a recall for a second lot code 7425A2297Asold in Whole Foods stores in 18 states including Arkansas, California, Colorado, Idaho, Kansas, Louisiana, Nevada, New Mexico, Oklahoma, Texas, and Utah.

The product may contain Listeria Monocytogenes, which is an organism which can cause a sometimes fatal infection in young children, frail or elderly people, and others with weakened immune systems. Although healthy individuals may suffer short term symptoms, such as high fever, severe headaches, nausea, abdominal pain and diarrhea, according to the FDA recalls, Listeria infection can cause miscarriages and stillbirths among pregnant women. As of this date, there have been no reports of illnesses, though according to the FDA website, a sample of the product tested positive for listeria.

For more details on this and many other product recalls, for information if you have purchased this product and to subscribe to FDA recalls and safety alerts visit the FDA website.

If you have suffered a serious harmful effect or illness from a food product you should see your healthcare provider immediately. If possible, bring a stool sample and keep the product refrigerated. Contact the FDA to report any  confirmation of illness. Food product safety and food poisoning can be a serious problem causing risk of hospitalization and death. You may be entitled to file a claim against a manufacturer and/or suppliers of contaminated food products.

Okun, Oddo & Babat diligently and professionally pursues client’s legal rights against manufacturers and suppliers for any legal compensation claim including significant medical bills, lost income, rehabilitation, financial support or fatality expenses. Contact us for a consultation.

New Disclosure on 2010 Hip Implant Recall

Earlier this month it was revealed in an extensive New York Times article by Barry Meier that newly disclosed court records pertaining to the 2010 Johnson & Johnson hip implant recall indicate that Johnson & Johnson did not reveal their internal analysis regarding the potential early failure rate of their all-metal hip implant device.

The first of many lawsuits filed against the company are now going to court as thousands of patients who received implants may now be facing costly and painful additional replacement procedures. The article addresses the implant’s metal hip cup design the Food and Drug Administration concerns regarding “high concentration of metal ions.” A high level of reports of premature failure of the device, over 300, received by the FDA, compared to competing implants, prompted the initial recall.

Based on the number of patients who had undergone device replacement at the time of the initial recall, it was estimated by DePuy Orthopaedics, a division of Johnson & Johnson, that 37 percent of patients who received it initially, may need replacement.

If you or someone you know has had hip replacement surgery, you should be aware of the details surrounding this hip implant recall. If you have undergone a procedure and are facing another painful replacement Okun, Oddo and Babat handles medical and medical device litigation and we can expertly evaluate your circumstances  and protect your legal rights. You may be entitled to compensation from the manufacturer. Affected patients may be entitled to compensation for injuries they have suffered as a result of the failed DePuy ASR implants.

At Okun, Oddo & Babat, we know the medical device industry and the status of cases filed against various manufacturers. Our attorneys have the experience to determine liability and obtain the maximum compensation for victims of medical device failure. We are committed to holding the drug companies to their obligation to warn about the known risks of their products. Contact us for an appointment.

Motor Vehicles Injuries Are The Leading Cause of Injury Related Death in New York State

The New York State Department of Health website states that Motor vehicles traffic injuries are “the leading cause of injury related death, second leading cause of injury related hospitalizations and third leading cause for injury related emergency department visits in New York State.” Studies available on the website and through links provided there indicate specific incidence, risk factors and societal costs for traffic crashes and injuries as well as safety tips to avoid such injuries.

Slick spots on the road caused by rain, snow, freezing temperatures can in many cases be the cause of accidents. Driver distraction, using handheld mobile devices while driving are another unfortunate cause of accidents today. Unfortunately reckless driving accidents occur every day. If you or someone you know has been injured in a motor vehicle accident and suffered personal or property injury, or wrongful death through the fault of someone else, contact us right away for a consultation. We will evaluate the circumstances, educate you on your legal rights and if necessary pursue prompt, fair and just compensation that may be due you as a result of the negligence or recklessness of others. Please call Okun, Oddo & Babat at 212-642-0950 or you may email us.

Senior Care & Skilled Nursing Home Negligence

It’s a difficult decision to place someone you love in a nursing home. After screening facilities and ultimately making a decision, it’s important as a family member to be mindful of the circumstances and monitor for any signs of negligence since elders are in many cases are emotionally and/or physically unable report inadequate care. Be aware of the patients care needs including hygiene, medication and nutrition, develop a regular rapport with nursing and specialized staff to discuss care and be mindful of the physical appearance of the patient upon visiting. It’s important to take notes and ask for questions and explanations as issues arise. A report should be filed immediately if any physical or emotional changes are evident.

Neglect can be difficult to determine since the aging process itself can take a physical and emotional toll on the body. One of the most common signs of neglect is the development of skin ulcers, better known as bed sores. When patients are left resting in one position for long periods of time, bones and skin are subject to friction and pressure, resulting in painful skin sores which can develop and worsen very quickly. Nurses are required to regularly turn patients to prevent the development of bed sores, which are not only very painful, but have the potential to lead to very serious and sometimes life threatening infections. If bedsores are present and reported, nursing home staff should treat them immediately.

Staff members who are unwilling to respond to inquiry immediately or who refuse to allow family or friends to visit unattended should be reported to supervisory staff. Other types of nursing home abuse may be:

• Witholding food or not providing food according to prescribed schedule

• Poor hydration

• Failing to dispense medication on schedule

• Medication errors

• Poor sanitary and toiling facilities

• Inadequate daily hygiene, care and grooming

• Improper supervising

• Verbal, mental or physical abuse

• Failure to recognize need for or provide emergency care

If you notice signs of depression, personality changes and changes in physical appearance and suspect any care neglect or nursing home abuse, please call Okun, Oddo & Babat at 212-642-0950 immediately for a consultation and evaluation. You may also email us. We pride ourselves on being advocates for elders in these unfortunate circumstances.

New York City Subway Accidents

A recent New York Times article indicated that while the subway operator’s union is advising its member workers to “drastically reduce their trains speeds,” The Metropolitan Transportation Authority has officially stated that any change in train speed would be a “violation of work rules.”

While the union’s effort to reduce train speeds is in an attempt to avoid subway accidents as well as the effects these accidents have on works – emotionally and financially, The MTA’s position is that slower trains, would mean, less trains, more crowded trains and thereby a potential increase in New York City train accidents. The MTA is being criticized for what Transportation Union Workers president John Samuelson calls putting rider safety as a second priority. The MTA is currently exploring what they consider to be more effective proposals to increase train platform safety, according to spokesman Charles Seaton. The New York Times article states that in 2012, 55 died after being hit by trains. Many were suicides.

Union of Subway Drivers Urges Slower Train Speeds
by Matt Flegenheimer
New York Times, January 14, 2013

Glass Particles May Be Found in Generic Lipitor

According to a November 29 article by Katie Thomas in The New York Times, Ranbaxy Pharmaceuticals has stopped producing its generic version of Lipitor, pending investigation into the possibility of small glass particles being found in pills. The Food and Drug Administration announced the halt earlier that day. The FDA claims they have not received any reports of consumers being harmed. Thomas’ article sites a recall by the drug manufacturer earlier this month and extensive details on Ranbaxy manufacturing problems at its plants in the US and in India.

Roadway Conditions and Auto Accidents

Automobile accidents are caused by a number of circumstances ranging from driver neglect, impairment or recklessness, to roadway conditions involving weather, construction, obstructions or other circumstances. Unfortunately, automobile accidents happen every day and regardless of the circumstances, and even if you are only mildly injured, it is important that you call the police from the scene of the accident, and later obtain a copy of the official police report. Often the police officer may site opinion on who was at fault in such cases where there is clear evidence to determine the cause. This will help you in working toward receiving a settlement from your insurance company. In other situations, there may be no clear explanation and the underlaying causes are not very evident. When a roadway or roadway-related accident occurs, in addition to a police report and depending on the complexity of the circumstances, an accident survey should be additionally conducted, if possible, immediately following the accident, before debris is removed and traffic proceeds in the area. In some circumstances, law enforcement officials are equipped to quickly and accurately document the scene. In some cases, independent land surveyors or engineers may also be hired to assess factors relating to curves and grades in the road that may be a contributing factor. Measurements can be taken and scene mapping can be done as a means of determining if roadway defects or design flaws could be contributing factors to the accident. Forensic engineers are familiar with design regulations and maintenance requirements.  Injuries and property damages may make your case more complex. It may be in your best interest to hire an accident attorney before filing your claim. At Okun, Oddo & Babat, regardless of the circumstances, we are equipped to evaluate your accident case and potentially help you recover the highest compensation possible. Contact us for a courtesy evaluation.

Trampolines Recalled by Sportspower Due to Injury Hazard

The U.S. Consumer Product Safety Commission announced a voluntary recall involving Sportspower Parkside model TR-14FT-COM trampolines. The trampolines are 14 feet in diameter and were sold with an enclosure net. The trampolines have blue or light blue fabric on the safety matting and enclosure pole sleeves. The model number is marked on the packaging and instruction manual. These trampolines were manufactured in China and sold exclusively at Sports Authority stores nationwide from April 2007 through May 2012. Consumers should immediately stop using the trampolines. For more details visit CPSC website.

How Much Legal Authority Does the FDA Have, and Use in Regulating Drug Compounding?

Legal experts are engaged in a new debate over the Food and Drug Administration’s authority of the drug compounding industry and perhaps their failure to use it. The recent outbreak of meningitis and the shutdown of Massachussets-based New England Compunding Center have again surfaced this issue with law makers and it is raising the question on the need for criminal investigation. Laws and regulations surrounding the compounding industry and the pharmaceutical industry and role that pharmacies play in mixing medicine for individual patients – which is related from state-to-state – are sketchy. It is unclear how many people may be at risk from the use of potentially contaminated drugs and could be at risk for severe infection and perhaps wrongful death. Several drugs produced by New England Compounding Center are used during surgical procedures. The October 15 New York Times article “F.D.A. Warns of Further Risk From Tainted Drugs” explains in more detail.