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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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  • 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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  • What is the Legal Definition of "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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  • 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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  • 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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  • 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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  • 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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  • 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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  • "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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  • 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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  • 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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  • Jury Finds Toyquest Banzai Falls In-Ground Pool Slide Dangerous and Defective

    A jury recently returned a $20.64 million verdict to a man whose wife died of injuries suffered while using a Toyquest Banzai Falls In-Ground Pool Slide. The wife's family sued Toys "R" Us, alleging that the slide was not properly designed and was not adequately tested. The woman slid head-first down this inflatable slide at a pool party. The slide deflated toward the bottom so that the wife ...
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  • Man claims Jeep has Sudden Acceleration Problem

    WIVB.com is reporting on a story of a Jeep that suddenly accelerates on its own. The vehicle, a 2010 Jeep Grand Cherokee owned by a Peter Swales of Springville, New York is said to have sped up 3 separate times. One of the times it accelerated resulted in $10,000 worth of property damage claims. The car dealership responded by installing a black box in the Jeep that is referred to as a "Co-Pilot" ...
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  • Man dies from exposure to asbestos-containing products in the shipbuilding industry - $9.18 Million verdict

    A man worked for NewPort News Shipbuilding for 37 years. During this time, he worked with asbestos-containing products. The products in question were gaskets and sheet packing manufactured by John Crane, Inc. Plaintiff filed claims alleging that the manufacturer was negligent in failing to warn of the dangers of asbestos exposure and that the manufacturer was strictly liable for selling an ...
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  • Smoker's Lung Cancer Caused by Addiction to R.J. Reynolds Cigarettes – $30 Million Verdict

    Emmon Smith first smoked cigarettes at the age of 13, and very soon became addicted. After many years of smoking-and many attempts to quit-Mr. Smith contracted cancer in both lungs, requiring the removal of his left lung. Smith and his filed claims against R.J. Reynolds alleging products liability for the inherently dangerous nature of the cigarettes Mr. Smith smoked for decades. The jury awarded ...
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  • US peanut butter recall includes 101 products

    CBS News reports an ongoing recall of peanut and almond butter products due to possible salmonella contamination. New Mexico-based Sunland Inc.'s recall now includes 101 products, and several retailers have issued additional recalls including items made with Sunland ingredients. The Center for Disease Control and Prevention (CDC) says there are now 30 illnesses in 19 states that can be traced to ...
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  • Dunlop Liable for Fatal Rollover Caused by Tire Defect - $4.34 Million Verdict

    One woman was killed and three others injured when the left rear tire-Dunlop 265R model- of a 1995 Toyota Land Cruiser SUV suffered complete tread separation while on the highway. The separation caused the SUV to leave the highway, flip over, and roll four times. One passenger, the driver's mother, was pronounced dead at the scene, while the others suffered serious injuries. At trial, the ...
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  • Jury Finds Kinder Morgan Energy Partners Responsible for Careless Chemical Monitoring Resulting in Man's Death

    A jury recently returned a $7.5 million verdict to the estate of a man who loaded gasoline at a bulk gas distribution terminal operated by Kinder Morgan Energy Partners. The estate sued Kinder Morgan Energy Partners, alleging that they failed to monitor the premises for benzene exposure, disregarded standard industrial practices, and failed to warn invitees of the dangers of benzene exposure. The ...
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  • Woman's Breast Cancer Caused by Prempro (Hormone Replacement Drug) - $4 Million Verdict

    A Connecticut woman took the hormone replacement drug Prempro for five years and then developed invasive breast cancer. She had treatment including chemotherapy and radiation for five years. She is currently cancer-free, but if the cancer comes back it will probably kill her. She alleged that the drug company, Wyeth, knew back in 1976 about the connection between hormone therapy and cancer but ...
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  • Ford Under Investigation for Sudden Acceleration Problems

    Sources, including the Detroit News, the Los Angeles Times, Bloomberg, and the Chicago Tribune have reported that an investigation has been opened into Ford Fusion and Mercury Milan vehicles by federal safety regulators because those models have floor mats that may interfere with the accelerator pedal. Ford has been under the scope for safety problems before – including fuel fed fire problems in ...
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  • Baseball coach awarded $35.6 million for "Viper" Exercise Device

    A 27-year-old high school baseball coach utilized the "viper" while working with a group of players. The viper is a strength-training device with a bungee like piece of rubber tubing and harness. The coach was using the device when it then snapped, retreated back and hit him in the face causing him to sustain bilateral orbital blowout fractures of both eyes, facial lacerations, left lens damage, ...
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