Prior to the plaintiff's injuries, the Consumer Products Safety Commission (CPSC) had issued two Magnetix recalls one in March 2006 and another in April 2007. CPS ordered these two recalls of MEGA Brands products, but they had refused to take any responsibility.
After those recalls, an infant swallowed several magnetic particles originated from Magnetix toys. The plaintiff bore critical injuries that requested urgent surgery and the infant was left with permanent bodily damage.
After the plaintiff injury, CPSC becomes aware of one alleged Magnetix-related death and 27 reports of these toys causing serious intestinal
A complaint was filed against Boston Scientific on March 26, 2008 by Hughes to solicit recovery for injuries allegedly caused by HTA device. The complaint was under the Circuit Court of Jones
On March 26, 2008, Hughes filed an initial grievance against Boston Scientific in the district court of Mississippi, seeking recovery of injuries allegedly caused by the HTA medical device. A summary judgment was awarded to Boston Scientific on the court’s conclusion that all claims made by Hughes are preempted under the Medical Device Amendments of 1976, 21 U.S.C. § 301 et seq. On
The plaintiff Michael Aloe, widower of Robin Aleo, brought a suit individually and on behalf of his wife’s estate in Massachusetts/ U.S. First Circuit, against SLB Toys, Amazon.com Inc., Toys “R” Us, and Amazon.com Kids, Inc., after his wife dies from injuries sustained when an inflatable pool slide collapsed while she was sliding down. The decedent was attempting to slide down head first in an inflatable, in-ground swimming pool slide imported and sold by Toys R Us. The pool slide collapsed and caused her to strike her head on the concrete deck of the pool. The decedent fractured two cervical vertebrae and suffered a severed spinal cord. She died the following day after she was removed from life support.
Under the management of Wes Anderson, Daniel the assistant coach, allowed a few players to test a product out on a child in way it would be considered not intended use for. We want to know if Wes is negligent in any way based off of the elements of negligence.
The Medicines Company Case Write-Up: Terence Cho, Felipe Duarte, Aleks Loiko, Robert Shaw, and James Wang
The trial court must permit the jury in a product’s liability case to consider whether the risk of injury outweighed the utility of the product’s design so that it can be rendered defective. When the court prohibited the jury from performing the analysis and only being able to consider the sufficiency of the warning, the trial court excluded one of the two elements in a products liability action. The jury could have found the pool defective with no regard to the warning on the pool. The plaintiff could have also established the existence of the defect without having to show the existence of a safer, alternative design. Since the trial court did that the plaintiff was able to file an appeal and the Appellate Division reversed the ruling and remanded the matter for a new
Zimmer Biomet is a product is a reverse shoulder implant designed to help patients restore arm movement. However, increased instances of failure have led to massive recall of this medical device along with lawsuits. Overall, there are three types of claims associated by recalled products, defective manufacture claim, failure to warn claim and defective design claim. The failure to warn claim occurs in cases where the manufacturer of a product fails to notify or educate users on the defect and risk associated with using the recalled product. Under the defective design claim, the product manufacturer is held responsible for failure to provide adequate information regarding product development and failing to test and foresee defects that may be caused by product failure.
Jonathan Edwards, a preacher during the American Enlightenment period, was mostly known for his sermon, Sinners in the Hands of an Angry God. The Enlightenment, an eighteenth-century movement distinguished by the belief in the power of human reason and by advancements in political, religious, and educational doctrine. Sinners in the Hands of an Angry God was written as a response to the Puritans losing their faith because of the new scientific theories and emphasis on human reason that contradicted the word of God. Jonathan Edwards wrote the sermon to persuade the Puritans that lost faith, by threatening and warning them of the wrath of God. He used this tactic to convince the perplexed Puritans that continuing to sin would guarantee their condemnation to hell.
The plaintiff suffered physical injuries which include several stings, anaphylactic shock, a dislocated shoulder, and a torn rotator cuff. These injuries are sufficient for a negligence claim.
Worker observed one year old Vincent, he just had a birthday on February 15th. He was observed to be wearing a onsie and was sitting on a high chair. Vincent was eating gold fish crackers. He appeared to be healthy with no visible marks or bruises. Worker was informed that he received four vaccinations and those were his one year old vaccinations. He had his first birthday celebration at his daycare facility. It was a Mickey Mouse theme. Present at the party was his PGM, MGM his father Weylin, mother Katherine as well as the rest of the children in the daycare facility.
If this scenario happened in an outpatient clinic or urgent care center and there were physicians who were more dedicated to patient safety a report to child protective services may have been made regarding the child’s injuries. This child deserves to have her rights observed and
Product recalls have opened the company to numerous lawsuits from consumers that were hurt by the recalled products.
demeanors research on potentially hazardous products. The CPSC promotes the development of voluntary safety standards and under certain circumstances has the authority to issue and enforce standards and ban unsafe products. Out of all the activities the CPSC strives to work closely with private consumer groups, industry, the media, and agencies of various state and local governments. Although the CPSC is an independent federal regulatory agency it does not have authority over all consumer products. Safety standards for trucks, automobiles, and motorcycles are set by the U.S. Department of Transportation; standards for drugs and cosmetics are handled by the U.S. Food and Drug Administration (FDA); and standards for alcohol, tobacco, and firearms
Certain criteria should be considered when looking at a negligence case. Questions to be asked are; did the defendant owe a duty of care to the plaintiff? Did the defendant breach that duty? Did the plaintiff suffer a recognizable injury? Did the defendant’s breach cause the plaintiff’s injury (p.114, Miller)? The answer to all of these questions is yes when looking at this particular case. The defendant had a duty to report the chromium leaks to the people it could have affected. A breach of that duty occurred when the plaintiffs were not informed of the chemical in their water supply. The plaintiffs then suffered multiple injuries of various degrees because they were not informed of the chemical in their water. Because PG&E did not inform the people in the area, these injuries did occur.
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulation (1995) requires employers to report injuries and dangerous occurrences as soon as they happen. In a nursery, broken furniture, broken toys and small objects can lead to injury or possibly death. Broken furniture can cause children to cut or graze themselves on the sharp break offs. Whereas with broken or unsuitable toys, children can swallow the object causing choking or death. This risk can be avoided by carrying out regular checks of the furniture and toys, making sure they are suitable for use with children. If not, then they should be disposed of efficiently.