Georgia Injury Lawyer Blog

Christmas toys always bring delight to young children. But, there are hidden dangers lurking in these items. As toys become more sophisticated, they often pose new dangers for children that safety experts urge parents and gift-givers to consider.

Tiny magnets, powerful batteries and laser lights are among the features on modern toys that can be just as dangerous as small parts and sharp edges have always been.

Parents need to be vigilant.

Toy-related injuries sent more than 235,000 kids to U.S. emergency rooms for treatment in 2008, according to the U.S. Consumer Product Safety Commission. Another 19 children died as the result of a mishap involving a toy.

Choking hazards have long been a leading cause of death in children, prompting the creation of warning labels detailing small parts and recommending minimum ages for certain toys.

In recent years, riding toys have proven to be the most dangerous type of toy on the market, according to the CPSC. They were associated with the most deaths in 2008: Two children on tricycles were hit by a motor vehicle, and two others drowned after riding their tricycle into a pool. Other types of non-motorized riding toys accounted for another five deaths.

Riding toys also were associated with the most injuries. Non-motorized scooters were involved in a quarter of all toy-related injuries treated at a hospital.

Parents also should be mindful of new dangers presented by modern toys. For example, many toys contain small but powerful magnets, and magnets have proven to be incredibly dangerous.

The hazard comes when a child swallows more than one magnet. The magnets can stick together through the walls of the child's digestive tract, potentially causing internal tears or blockages.

Small batteries contained in toys present another danger to children. If swallowed, the batteries can lodge in the esophagus and cause a potentially fatal burn as the battery's current eats through the body's internal tissues. Medical experts whose research on battery hazards appeared in the June Pediatrics found that a swallowed battery has to be removed from the child's esophagus within two hours to prevent serious injury or death.

Laser pointers and toys with laser attachments also present a risk. A 15-year-old Swiss boy playing with a laser pointer accidentally beamed the laser into his eyes, permanently damaging his vision, according to a letter published Sept. 9 in the New England Journal of Medicine.

The annual safest car ratings have been released by the Insurance Institute for Highway Safety. South Korean car manufacturers Hyundai and Kia and German manufacturer Volkswagen lead the insurance industry's annual list of the safest new vehicles.

The Institute recognized 66 vehicles today with its "top safety pick award" for the 2011 model year, the most-ever awarded by the Virginia-based group. The number was more than double the 27 vehicles selected last year.

Hyundai Motor Corp. and its affiliate Kia Motors Corp.., and Volkswagen AG and its Audi brand received the most awards with nine, followed by eight awards apiece by General Motors Co., Ford Motor Co. and Toyota Motor Corp.

Hyundai's Genesis sedan, Sonata midsize and Santa Fe and Tucson sport utility vehicles picked up awards, while Kia was recognized for the Optima midsize car, the Forte and Soul small cars, and the Sorento and Sportage SUVs. Volkswagen won for the Jetta and Jetta SportWagen, the Golf and GTI small cars and the Touareg and Tiguan SUVs. Audi's A3 and A4 sedans and Q5 SUV also made the list.

Subaru and Chrysler received five awards apiece while Volvo and Mercedes had four. Subaru was the only automaker to win awards in every vehicle category in which it competes. Nissan and Honda had two awards each and Mitsubishi and BMW had one.

GM's winners include the Chevrolet Malibu, Cruze and Equinox; Cadillac CTS and SRX; Buick LaCrosse and Regal and GMC Terrain.

Ford's selected include the Ford Taurus, Fusion, Fiesta, Explorer and Flex; and the Lincoln MKS, MKZ and MKT.

Toyota, which has been beset with high-profile recalls during the past year, scored with the Toyota Avalon, Corolla, Sienna, Highlander and Venza; the Lexus RX; and the Scion tC and xB.

The vehicles were chosen for protection in front, side and rear crash tests. To qualify for the award, the insurance industry group also requires the vehicles to have anti-rollover electronic stability control, or ESC, and receive top scores in roof strength tests.

Contaminated pet food, dangerous refrigerators, and portable butane stoves have all been the subjects of recently announced recalls.

The national grocery chain, Kroger, has announced a recall of select pet foods in stores in 17 states including Georgia.

Kroger stores in the following states are included in this recall: Alabama, Arkansas, Georgia, Illinois, Indiana, Kentucky, Louisiana, Michigan, Mississippi, Missouri, North Carolina, Ohio, South Carolina, Tennessee, Texas, Virginia and West Virginia.

The recall also includes Dillons and Gerbes stores in Kansas and Missouri; Baker's stores in Nebraska; Food 4 Less stores in Nebraska, Illinois and Indiana (Chicago area); and Jay C, Hilander, Owen's, Pay Less and Scott's stores in Illinois and Indiana.

Stores the company operates under the following names are not included in this recall: Ralphs, Fred Meyer, Fry's, King Soopers, Smith's, QFC, City Market, Foods Co., and Food 4 Less stores in California and Nevada.

Kroger is recalling the following items:

Pet Pride Cat Food sold in 3.5 lb. packages with a sell by date of OCT 23 11 DP and OCT 24 11 DP under the following UPC code: 1111088128

Pet Pride Cat Food sold in 18 lb. packages with a sell by date of OCT 23 11 DP and OCT 24 11 DP under the following UPC code: 1111071357

Pet Pride Tasty Blend Poultry & Seafood Cat Food sold in 3.5 lb. packages with a sell by date of OCT 23 11 DP and OCT 24 11 DP under the following UPC code: 1111088152

Pet Pride Tasty Blend Poultry & Seafood Cat Food sold in 18 lb. packages with a sell by date of OCT 23 11 DP and OCT 24 11 DP under the following UPC code: 1111074580

Pet Pride Kitten Formula Food sold in 3.5 lb. packages with a sell by date of OCT 23 11 DP and OCT 24 11 DP under the following UPC code: 1111071903

Old Yeller Chunk Dog Food sold in 22 lb. packages with a sell by date of OCT 23 11 DP and OCT 24 11 DP under the following UPC code: 1111074566

Old Yeller Chunk Dog Food sold in 50 lb. packages with a sell by date of OCT 23 11 DP and OCT 24 11 DP under the following UPC code: 1111074563

Kroger Value Cat Food sold in 3 lb. packages with a sell by date of OCT 23 11 DP and OCT 24 11 DP under the following UPC code: 1111000018

Kroger Value Chunk Dog Food sold in 15 lb. packages with a sell by date of OCT 23 11 DP and OCT 24 11 DP under the following UPC code: 1111071559

Kroger Value Chunk Dog Food sold in 50 lb. packages with a sell by date of OCT 23 11 DP and OCT 24 11 DP under the following UPC code: 1111000108

The affected products may contain aflatoxin, a naturally-occurring toxic chemical by-product from the growth of the fungus Aspergillus flavus on corn and other crops.

If your pet shows any symptoms of illness, including sluggishness or lethargy combined with a reluctance to eat, yellowish tint to the eyes and/or gums, and severe or bloody diarrhea, please consult a vet immediately.

The Consumer Product Safety Commission announced a recall of 1,400 refrigerators due to the potential for overheating. The recalled units are manufactured by Fagor Refrigerators. There have been 19 reports of incidents involving these units, including two fires.

This recall involves Fagor 24-inch wide refrigerators sold in stainless steel and black. "Fagor" is printed on the refrigerator's front door. Model and serial numbers are located inside the refrigerator door, on the left hand side near the food storage drawers. These units were sold at Specialty Home Appliance Stores nationwide between July 2006 and May 2010 for between $2,000 and $2,500

The Consumer Product Safety Commission also recalled 37,500 portable butane stoves manufactured by Sterno Group, LLC. The recall cautioned that these units can fail to shut off posing a fire and/or burn hazard.

Last Thursday, Johnson & Johnson recalled several types of Rolaids antacids in the U.S. because of reports of metal and wood particles in the products.

The voluntary recall comes less than a month after the company issued another voluntary recall over a type of Rolaids product.

The products include Rolaids Extra Strength Softchews, Rolaids Extra Strength plus Gas Softchews and Rolaids Multi-Symptom plus Anti-Gas Softchews.

The company says the materials were potentially introduced into the products during the manufacturing process at an outside manufacturer.
The New Brunswick, N.J., company is suspending production of the Rolaids products in question.

In November, Johnson & Johnson recalled Children's Benadryl Allergy Fastmelt Tablets, Junior Strength Motrin Caplets, and Extra Strength Rolaids softchews.
It issued that recall after reviewing its manufacturing process in the wake of a series of product recalls over the last year.

The company said it found unspecified problems related to Benadryl and Motrin products.

The Rolaids softchews were recalled because some consumers complained the Rolaids had an unusual texture that was traced to crystallized sugar.

All the products are sold by J&J's McNeil Consumer Healthcare Division.

Dangerous hazards are still finding their way into toys despite recently improved safety standards, according to a report recently issued by the American Association for Justice.

According to the report, for years, corporations have knowingly shipped toys with hidden dangers like small parts, loose magnets, asbestos, and other toxic chemicals until outrage from parents and civil lawsuits forced regulators or manufacturers to act.
“As toys have become more sophisticated, so too have the risks associated with them,” said AAJ President Gibson Vance. “Protecting our children requires vigilance from everyone. Regulators, parents, manufacturers, and the civil justice system all play a part in keeping dangerous toys off store shelves.”

For example, earlier this year unsafe levels of cadmium were found in children’s jewelry, a toxic metal known to cause cancer and ranked as seventh on a federal list of the 275 most hazardous substances.

An investigation found the origin of the metal was likely China, where the use of the toxin had been prompted, ironically, by the recent prohibition of using lead. The U.S. imports more than 30,000 tons of toys every year from foreign markets, accounting now for 95 percent of toys sold in the U.S.

While regulators lack the resources and staff to police the market, parents, consumer groups and the civil justice system have stepped into the void.

In 2007, a popular CSI Fingerprint Examination Kit contained a powder found to contain up to five percent asbestos, potentially sending lethal asbestos into the air and into children’s lungs.

Once the hazard was known, manufacturer CBS Consumer Products refused to remove it from store shelves as Christmas approached. Rather than wait for the Consumer Product Safety Commission to negotiate a recall, the Asbestos Disease Awareness Organization filed a civil action to stop sales of the kit.

The entire report is printed in the extended entry portion of the blog.

Continue reading "Dangerous Toys On Shelves At Christmas" »

A dangerous drug, the blood pressure drug Thelin, manufactured by Pfizer Inc. is being pulled from all markets by the company. Pfizer announced today that it is pulling it off the market and stopping all clinical trials because the drug can cause fatal liver damage.

Thelin is currently sold in the European Union, Australia and Canada. While it is not sold in the U.S. if you or someone you know has purchased the drug from the Canadian or other market, please cease using it immediately.

Thelin is sold as an oral treatment for severe pulmonary arterial hypertension, or high blood pressure in the pulmonary artery. Pfizer said a review of data from clinical trials and post-marketing reports showed a new link to liver injury. It also consulted with experts about the link between Thelin and the deaths of two patients.

Liver damage was a known side effect of Thelin and similar drugs, the company said. Pfizer said the withdrawal was voluntary and added that it has withdrawn its filing for marketing approval in the U.S.

Since there are other treatment options, Pfizer said the benefits of Thelin don't outweigh the risks. It is stopping all studies of the oral drug, which Pfizer acquired in 2008 when it bought Encysive Pharmaceuticals Inc.

Encysive had been trying to win marketing approval for Thelin since 2005, but the Food and Drug Administration said it was not effective enough. Other agencies only approved the drug for hypertension that was so debilitating that patients' physical activity was severely limited.

There are limited waivers of sovereign immunity when it comes victims of the negligence of a county employee. Unless a county’s sovereign immunity has been waived by statute, there is no legal claim that can be filed. An example of a waiver of a county’s sovereign immunity is the waiver of sovereign immunity by law where a county employee is operating a county vehicle. There is a specific Georgia statute which provides for the waiver of sovereign immunity with respect to such claims. See O.C.G.A. § 33-24-51. If a county employee acting within the scope of his or her employment runs a stop sign, for example, and injuries an innocent third party, in such a context there is a waiver of sovereign immunity. However, as is true of other claims involving potential sovereign immunity defenses, an ante-litem notice must be filed against the county within twelve (12) months of the date of the tortious act otherwise it is barred by operation of law. Absent a statutory waiver of sovereign immunity, no claim can be asserted against a county because without a statutory waiver, sovereign immunity is a complete bar to any such claim.

It is possible to file claims against county employees in limited circumstances for the negligent breach of ministerial duties. A ministerial duty does not involve the exercise of discretionary judgment but merely involves following a simple task usually dictated by policy, procedure or statute. Nonetheless, Georgia case law makes clear that whether an act involves a breach of ministerial or discretionary duty will turn on the character of the specific act, not the general nature of the official’s position. All such inquiries are factually specific. Once again, counsel should be contacted as soon as possible in order to assist in making this determination. Suffice it to say, discretionary acts of county employees will be shielded by sovereign immunity and no valid claim will be recognized by the Courts against either a county or county agent or official.

As is true of any other claim involving a potential waiver of sovereign immunity, because the waiver of sovereign immunity against governmental agents and employees is always limited, if anyone has a potential tort claim against a county agent or official, one should confer with counsel as soon as possible in order to determine whether one has a viable claim that comes within an exception to the doctrine of sovereign immunity.

The Federal Torts Claim Act is found at 28 U.S.C. § 1346. It provides for a limited waiver of sovereign immunity with respect to tortious acts committed by federal agents and employees. Under its provisions, only the United States of America may be named as a defendant, not the agency or employee who committed the tort. An administrative ante-litem notice must be filed within two (2) years after the claim accrues. There is a waiting period before suit can be filed against the United States which is either when the written denial occurs or six (6) months, whichever is earlier.

In order to present a claim one must typically submit to the agency involved a Standard Form 95 Claim form which sets forth the basis of the claim and the amount of the damages being claimed. As is true of the State Torts Claim Act relative to claims against State of Georgia agents and officers, the Federal Torts Claim Act provides for a limited waiver of the United States’ sovereign immunity. The provisions of the Act set forth when the government can and cannot be sued. Provisions of the Act as indicated also have various ante-litem notice provisions which must be followed otherwise the claim can be barred for failure to properly perfect the claim.

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