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Welcome to our Defective Products Blog Series

  • What Everyone Should Know About the FDA's Medical Device Standards

    Innovations in technology have contributed greatly to the development of life-saving medical devices. Not all of these devices are worthy of such praise, however, and it is important for consumers to understand how the Food and Drug Administration (FDA) regulates medical devices. We often hear of lawsuits against the corporations that bring such devices into the market, horror stories of birth ...
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  • Five Dangerous Toys That Should Stay Off Your Christmas List This Year

    Christmas is almost here. If you have children in your life, you probably experience some joy in making this time of year a memorable one for them. You want to give a gift that makes them smile. What you do not want to do is give them a gift that may potentially harm them. To help make the holidays a little safer, we’ve put together a list of some of the most dangerous toys available this year ...
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  • Product Liability 101: Who is Legally Liable?

    Product liability typically refers to a defective or dangerous product that is responsible for causing harm to a consumer or is unreasonably dangerous even when put to its anticipated use. This type of case involves what is known as the chain of distribution, starting from the product’s manufacturer to the retailer that puts it on their shelves for customers to purchase. As such, one or even all ...
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  • What is a Design Defect?

    In product liability cases, there are three types of claims one can make, including the issue of design defects. Unlike manufacturing defects, which are mistakes made in the process of producing a product, a design defect is a flaw in the design that makes the product dangerous even when used as intended. That means, even if the product is consistently made using the best materials, its flaw ...
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  • How to Know If Your Child's Car Seat Is Defective

    For any parent, the safety of their children is of the utmost importance. This is why it is crucial to make sure that any items bought for the child are not defective and are safe for the child to use. One of the biggest issues parents deal with is defective car seats. This equipment is meant to keep children safely seated in the vehicle and prevent injury in the event of a collision. ...
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  • Product Liability: Failure to Warn

    When a product is put on the market, we trust it has been put through rigorous testing to make sure it’s safe. There are very specific regulations that require companies to design and produce safe products. However, if any part of the product is inherently unsafe, it is the duty of the manufacturer to warn consumers of the potential dangers. This is the main focus of product liability cases. When ...
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  • When Is a Product Considered Defective?

    As consumers, when we go to purchase a product, we expect that it will be safe and work as it is supposed to. Unfortunately, this isn’t always the case – there are plenty of times when a product doesn’t work as advertised or causes a potential danger for the consumer. When this happens, the consumer may suffer a serious injury as a result. If someone is harmed, it may lead to a product liability ...
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  • Zofran anti-nausea medication linked to Birth Defects.

    Zofran anti-nausea medication linked to Birth Defects. Zofran (ondansetron) is a prescription medication manufactured by GlaxoSmithKline and FDA approved to treat nausea and vomiting in chemotherapy and surgery patients. Often prescribed "off-label" for morning sickness in pregnant women, Zofran has never been proven safe for the unborn child nor has the FDA approved it for this reason. While ...
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  • Randy Dorman v. Bridgestone/Firestone, Inc.

    Missouri Jury Awards $105M in Exploding Tire Rim Case Documents show that Bridgestone/Firestone knew about defects and prior accidents A jury awarded $105 million to a man who was seriously injured when a multi-piece wheel explosively separated while he was airing up a tire. This caused the rim to strike his face with such force that it could have lifted a 3000-pound car 15 feet off the ground. ...
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  • John Doe v. Switchgear Manufacturer

    Overview: A 48 year old man suffered third degree burn injuries to his upper body and had his arm amputated after he was electrocuted while at work. He was ordered by his supervisor to place a lead identification tag on an energized cable inside an energized 15,000 volt switchgear, a job which violated OSHA regulations and which other more highly-trained workers had refused to perform. To perform ...
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  • Matt Love v. API

    Overview: Matt Love was hunting with a tree stand and safety belt in Jefferson County, Missouri. He was harnessed to the tree with a tree stand safety belt. While he hunted, this safety belt was the only thing that connected him to the tree. While using the belt, Mr. Love fell more than 25 feet. He suffered fractured vertebrae, resulting in paralysis . Mr. Love's life care plan indicated projected ...
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  • Congratulations John G. Simon on being named Best Lawyers® 2015 Product Liability Litigation

    John G. Simon has been named Best Lawyers® 2015 Product Liability Litigation – Plaintiffs “Lawyer of the Year" in St. Louis. He was also selected by his peers for inclusion in The Best Lawyers in America© 2015 in the field of Product Liability Litigation - Plaintiffs. Congratulations John!
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  • John Doe v. Polaris

    Overview: Plaintiff suffered severe injuries including a compound fracture to his ankle and torn ligaments in his opposite knee as a result of an ATV accident. Plaintiff brought a lawsuit against Polaris in Crawford County, Missouri alleging that the throttle on the ATV was negligently designed so that it was prone to sticking. Plaintiff further alleged that the ETC, which was designed to ...
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  • Jone v. Coleman

    Overview: A claim was brought against Coleman by the mother of a young man named Cary Lam. Cary went camping with his uncle. They lit a lantern for warmth in the middle of a cool night, and Cary died of carbon monoxide poisoning. The Coleman propane cylinder that was used did not mention the risks of carbon monoxide and stated that the propane should be used in a ventilated area. Both 2' x 2' ...
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  • Jane Doe v. Polaris

    Overview: Plaintiff suffered injuries when riding an ATV on an asphalt road. Plaintiff filed a lawsuit in Washington County, Missouri alleging that due to negligent manufacture or design of a bolt that kept the rear control arm in place, the bolt snapped , causing Plaintiff to lose control of the ATV. The Plaintiff suffered multiple injuries when the ATV collided with at least two trees. Polaris ...
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  • Donald Edwards, et al. v. Air Products and Chemicals, Inc.

    Overview: $2.3 Million settlement for a worker in a products liability suit. A liquid oxygen cylinder fell over and exploded. Attorneys: John G. Simon
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  • Jason Frede and Alicia Frede v. Ford Motor Company et al.

    Overview: Plaintiffs alleged serious injuries resulting from multiple design features of the Ford Explorer. In addition to the rollover issues often associated with the Explorer, this case involved a claim for Ford's defective design of the vehicle's door latch system. As the vehicle rolled over on the highway, both doors flew open, causing the occupants to be thrown about, held in the car only by ...
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  • McCarthy v. Cessna Aircraft Co.

    Overview: This case was brought on behalf of the family of a student pilot who was killed in a crash. The suit, which was based on products liability, was settled for a confidential amount. Allan McCarthy was flying a 1977 Cessna single engine aircraft at the time. The family claimed lost wages of between $750,000 and $1M. Attorneys: John G. Simon
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  • Rodin Hernandez v. Penta Engineering Corporation

    Overview: $1.5 Million Settlement of a products liability suit. A worker was injured when a dust collection system suspended 25 feet above the floor collapsed and struck him. Attorneys: John G. Simon
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  • Andrew Beavers v. Paradise Valley Residents Association

    Overview: $2.5 million settlement for a 16-year old boy who was paralyzed from the chest down after an automobile accident on an improperly maintained road (no guardrail at a sharp curve). There had been seven prior accidents at the site. Attorneys: John G. Simon
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  • Michael Lebrun v. Mine Safety Appliances Co.

    Overview: $6.5 million settlement of a product liability suit. The plaintiff was a fire fighter who suffered brain damage when the oxygen alarm on his oxygen tank malfunctioned while he fought a fire in a high-rise retirement center. This suit resulted in a national recall of the product. Attorneys: John G. Simon
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  • The Estate of Cliff E. Cruse v. Johnson & Johnson Corporation et al.

    Overview: Thirty-five year old Cliff Cruse was found dead by his minor son near midnight on April 12, 2006. The toxicology report revealed a lethal concentration of fentanyl in his blood. At the time of his death, Cliff was wearing one 75 mg/hr Duragesic fentanyl patch manufactured, distributed and sold by Defendants. Duragesic is a 72 hour transdermal pain medication that is absorbed through the ...
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  • "Stryker Hip Lawsuit News: The Simon Law Firm, P.C., notes recent $4 billion settlement of DePuy hip implant cases

    PRESS RELEASE The Simon Law Firm represents patients who have been injured by metal-on-metal hip implants manufactured by Stryker Corporation. These cases are currently pending in the U.S. District Court of Minnesota, MDL No. 13-2441, wherein the Court issued its fifth pre-trial order on November 5, 2013 regarding the organizational structure for plaintiffs and defendants. Significantly, in a ...
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  • Metal Hip Implants Can Cause Dangerous Health Effects

    Stryker's metal-on-metal hip implants cause friction between the metal components, which can result in the release of metal particles into surrounding tissue and blood stream. The metal particles consist of cobalt and chromium ions. Metal particles in the blood stream can result in metal toxicity causing a wide range of health problems, as documented by the FDA, such as necrosis (damage or death ...
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  • Mattel fined $23 Million for toy hazard

    MSNBC reports that in a settlement with the Consumer Products Safety Commission, Mattel Inc. and it's subsidiary, Fisher-Price, have agreed to pay a $2.3 million civil fine for importing and selling toys with excessive levels of lead. In 2007, Mattel was among dozens of manufacturers who yanked their toys off the shelves when excessive amounts of lead were found in the paint. Lead produces bright ...
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