Houston Personal Injury Lawyer - Defective & Dangerous Products

Tyson Foods Gets FDA Warning for Unsafe Conditions

Scott Kappes — Tue, 01 Dec 2009 17:07:50 GMT

A letter warning a Tyson Foods about the unsafe conditions found at a Texas plant was posted online today. In the letter the Food & Drug Administration (FDA) informed Tyson that their inspectors had found fish and crab meat stored at dangerously high temperatures for extended periods of time.

The FDA found seafood stored between 40 and 55 degrees for about 18 hours. According to the FDA these items should always be stores below 40 degrees in order to prevent bacteria from growing.

Tyson was also cited by the FDA back in August for failure to document procedures for stopping bacterial growth.

"Our Fort Worth plant is clean and sanitary and the products produced there are safe to eat," company spokesman Gary Mickelson said in a statement. The shrimp and crab meat observed by FDA inspectors was not used in company products, he added.

The FDA warning letter is dated Nov. 13, but was made available to the public online today.

Tyson says that have updated the temperature control plan in the mean time.

FDA warning letters are issued to companies when the FDA has found evidence of the company not following federal regulations marketing or manufacturing of goods. Although the letters are not legally binding, the agency can take companies to court if a letter is ignored of or they fail to comply with regulations.

Originally posted at InjuryBoard by Scott Kappes

Chinese Drywall Link to Toxic effects Strengthen by Latest Report

Scott Kappes — Mon, 30 Nov 2009 14:50:55 GMT

Last week the suspected link between Chinese drywall and potential harmful effects on humans became stronger. On Monday the federal government released three preliminary reports that strengthen the case that Chinese drywall may be toxic to humans.

One report focused on the analysis of air samples taken from 41 homes known to contain Chinese-made drywall. These samples were compared to 10 homes that are not suspected to contain tainted drywall. In samples from affected homes researchers found consistent detections of hydrogen sulfide and formaldehyde. While the concentrations detected are below irritant levels, the CPSC says that it is possible that the synergistic effects of these and other compounds found in air samples could cause irritant effects.

Two additional studies examined corrosion found on metal components taken from homes containing Chinese drywall. These studies found a “strong association” between corrosion found on metals and high concentrations of hydrogen sulfide found in homes.

While the study was not intended to examine health effects, “we can say that the levels of pollutants we found, particularly the hydrogen sulfide and formaldehyde, could possibly contribute to some health problems that have been reported to the CPSC,” said Jack McCarthy, president of Environmental Health & Engineering Inc., who carried out the work.

Although the study increases suspicion that tainted drywall is responsible for some health effects reported by individuals living in affected homes, no causal relationship has been proven at this point.

It is suspected that some homeowners have yet to report problems due to fear that their insurers will drop their coverage; however, the CPSC is reminding consumers that reports can be made confidentially and are encouraging consumers to report problems.

Investigations of the tainted Chinese drywall will continue in the coming months.

If you suspect that your home may contain defective Chinese drywall we can help. You may be entitled to compensation to cover replacing the defective product in addition to compensation for possible health effects that may have been caused by Chinese drywall.

Originally posted at InjuryBoard by Scott Kappes

Consumer Product Safety Commission Launches “CPSC 2.0”

Scott Kappes — Fri, 25 Sep 2009 14:47:34 GMT

This week the U.S. Consumer Product Safety Commission announced the launch of what they are calling “CPSC 2.0.” CPSC 2.0 is aimed at allowing consumers to get updated information about product recalls and other important information more quickly through the use of web 2.0 applications. CPSC 2.0 utilizes a variety of innovative technologies, including social media, which will hopefully extend the reach of the CPSC to millions of additional consumers.

Through social media, CPSC can directly reach millions of the moms, dads and others who need our safety information the most,” said CPSC Chairman Inez Tenenbaum.

The CPSC has launched their “On Saftey” blog, which is full of articles, videos, and podcast that can provide potentially life-saving information to consumers. The new website also includes a “Recall Widget” that can easily be added to other websites. To add the recall widget to your website click here.

As part of their CPSC 2.0 plan the agency will also have an official presence on YouTube, FlickR, and of course Twitter.

Hopefully the CPSC new technological efforts will bring their message to more consumers more quickly and provide consumers with the valuable knowledge the CPSC provides.

Originally posted at InjuryBoard by Scott Kappes

Florida’s Lt. Governor is Suing for Chinese Drywall Damages

Scott Kappes — Thu, 03 Sep 2009 15:50:25 GMT

The Chinese drywall debacle is gaining more momentum each and every day. Thousands of homeowners in Florida and across the nation are being affected by toxic drywall, and Monday the fight got a new unsuspected poster boy, Florida’s own Lt. Governor Jeffrey Kottkamp. Kottkamp and his wife have filed a federal lawsuit seeking over $75,000 in damages resulting from toxic drywall in their home. See the News-Press story here.

The suit alleges that defective Chinese drywall has caused the Lt. Governor’s air conditioning coils and internal wiring to become corroded and family members have suffered numerous physical ailments.

The U.S. Consumer Products Safety Commission has received over 1,200 complaints in from two dozen states to date, and this number is expected to continue to increase in coming months.

The first of thousands of Chinese drywall lawsuits are expected to hit the court room early next year, but there may be it may be much longer before all of the claims have been settled or had their day in court.

The Law Firm of Reich & Binstock represents homeowners affected by Chinese drywall nationwide. If you suspect that your home may contain toxic Chinese drywall please contact us for a free claim evaluation.

Originally posted at InjuryBoard by Scott Kappes

One Developer is Replacing Chinese Drywall in Homes They Built

Scott Kappes — Fri, 28 Aug 2009 15:47:28 GMT

A very interesting Chinese drywall story aired last night on ABC’s Norfolk, Virginia affiliate (WVEC). According to the report, some local homeowners are having their prayers answered by the developer that built their homes with allegedly defective Chinese drywall.

Dragas Company was one of the only Virginia developers that admitted they had built homes using the allegedly defective Chinese import, and now they are doing something about it.

Dragas is replacing the drywall in at least 70 homes that they have been confirmed to contain Chinese drywall.

Tom Ridenhour lives in a Dragas townhome community in Greenbrier. He says the first clue he had about a problem in his home was when the air conditioner failed three years ago.

In March he learned that his new townhome and 70 other in their neighborhood were built with defective Chinese drywall. In April, his developer, Dragas Company, agreed to replace the drywall in his home.

“They stripped this house right down to the studs and the concrete floors. They replaced all of the light switches and all the receptacles and all the lighting fixtures, replaced the air conditioning ducting, the ceiling insulation, new carpet, drywall, everything,” said Ridenhour.

Ridenhour is pleased with the action taken by his developer and feels for the thousands of homeowners who have not seen the same type of response from their builders.

Dragas Company is working in phases to have all 70 of their affected homes in the neighborhood completely repaired by early 2010, a scenario that thousands of affected homeowners throughout the United States can only dream of at this point.

Dragas Company is paying for the repairs out of their own pocket and working through the legal system to obtain compensation for their expenses.

Watch the broadcast video here.

Originally posted at InjuryBoard by Scott Kappes

Roman Shades and Roll-Up Blinds Recalled for Strangulation Hazard

Scott Kappes — Thu, 27 Aug 2009 16:50:39 GMT

Yesterday the U.S. Consumer Product Safety Commission issued a recall of Roman style shades and roll-up blinds made by Lewis Hyman Inc. for strangulation risks associated with the products. The CPSC is aware of two strangulation deaths of small children associated with the recalled window dressings.

In November 2007, a 1-year-old boy from Norridgewock, Maine became entangled and strangled in the lift cord loop of a roll-up blind that had fallen into his portable crib. In October 2008, a 13-month-old boy from Conway, Ark. was found with his head between the exposed inner cord and the cloth on the backside of a Roman shade. The cord was not looped around the boy’s neck but rather ran from ear to ear and strangled the child.

Roman shades were sold exclusivley at Target stores and Target.com between March of 2006 and December of 2008. The roll-up blinds were sold from January of 1999 through December 2003 at various retail stores.

Consumers with small children should carefully inspect the window dressings in their home to determine if their window coverings may be affected, by this recall or any other recent window shade recalls here, here, here, here, and here.

For more information and pictures of the recently recalled products please visit the CPSC website.

Lewis Hyman Inc can be reached through their website at www.lewishymaninc.com/recall or by calling their toll free hotline at 877-354-5457 during normal business hours.

Originally posted at InjuryBoard by Scott Kappes

CPSC Issues Safety Alert for Stadium Light Poles

Scott Kappes — Tue, 25 Aug 2009 18:02:21 GMT

Yesterday the U.S. Consumer Products Safety Commission issued a safety alert to warn the public and safety officials of the possibility that certain steel stadium light poles can fracture or crack causing them come crashing down. This failure poses a significant risk to bystanders of being crushed and/or killed by the enormous falling poles.

The poles in question are manufactured by Whitco Co. of Ft. Worth, Texas. The CPSC is aware of nin incidents in poles manufactured by Whitco and installed between 2000 and 2006 have fallen. In one of the confirmed incidents the pole fell through the roof of the gymnasium, and in two other cases the pole fell onto outdoor bleachers, all causing extensive damage.

The CPSC has also confirmed that another 50 Whitco poles that have not fallen did show evidence of cracking and fractures in the welds joining the pole to its stable base plate.

Almost all of the incidents have occurred in Whitco’s home state of Texas. The poles can commonly be found at outdoor stadiums and recreation parks.

The CPSC recommends that all Whitco Co. LP stadium poles be inspected immediately by a qualified professional to reduce the risk of additional falling poles.

The CPSC is continuing their investigation into this matter to determine if other similar outdoor stadium poles may pose similar fall risks.

For more information and stunning pictures of falled stadium poles visit the CPSC website here.

Originally posted at InjuryBoard by Scott Kappes

Additional Infant Deaths Prompt Re-Announcement of Simplicity Bassinet Recall

Scott Kappes — Fri, 21 Aug 2009 12:09:00 GMT

Yesterday the U.S. Consumer Products Safety Commission issued a press release to reiterate last year’s recall of Simplicity’s Close-Sleeper and Bedside Sleeper bassinets. In the August 2008 safety alert and recall announcements the CPSC notified consumers of two infants who had strangled in their Simplicity bassinets. Today the CPSC announced that they are now aware of two more infants that have died in close-sleeper bassinets since the initial recall was made.

Last September CPSC learned of a two-month old that suffocated when she rolled into the adjustable fabric siding of the bassinet. In January 2009 the commission gained knowledge of a six-month old in Fort Worth that appears to have been entrapped in the bassinet’s bar opening.

The CPSC has also received reports of two other children who became entrapped but were freed by their caregivers without injury.

Consumers currently using Simplicity bassinets are urged to immediately discontinue using the products and consult the complete list recalled bassinets that can be found here. Parents and caregivers in possession of recalled bassinets can return the defective product to the retail store where the bassinet was purchased.

Originally posted at InjuryBoard by Scott Kappes

Little Tikes Toy Workshops and Trucks Recalled Due to Choking Hazard

Scott Kappes — Tue, 18 Aug 2009 12:58:04 GMT

Last week Little Tikes ™ in conjunction with the U.S. Consumer Products Safety Commission issued a nationwide recall of about 1.6 million workshop sets and trucks due to a choking hazard associated with the children’s toys. Both the trucks and workshop sets have oversized plastic nails which pose a choking risk to young children.

The oversized plastic toy nails are about 3 ¼ inches long by about 1 ¼ inches in diameter and can become lodged in a small child’s throat.

The [CPSC] has received one report of an 11-month old boy from Goose Creek, S.C. who choked when the toy nail become forcefully lodged in his throat. The child was hospitalized and made a full recovery.

For more inforamtion and pictures of recalled toys please visit the CPSC website.

Originally posted at InjuryBoard by Scott Kappes

Company Claims to Have Effective Chinese Drywall Remedy

Scott Kappes — Mon, 17 Aug 2009 16:59:39 GMT

According to a report from the news-press a New York-based company claims that they have found a quick, permanent and cheap way to rid affected homes of defective Chinese drywall.

Sabre Technical Services held a press conference this morning to announce the results of a process they began testing on a home with Chinese drywall back in June. The process involves pumping the affected homes full of chlorine dioxide gas, which Sabre claims rids the structure of sulfur compounds in the air, drywall and other parts of the structure.

Sabre claims that their process was a success and can provide a much cheaper yet still very effective alternative to stripping homes of the allegedly defective product and starting over. If this holds to be true it could have a huge impact on the current Chinese drywall crisis currently facing thousands of homeowners in two dozen states.

Sabre’s method for combating the culprit would probably cost between $30,000 and $40,000 for a typical three bedroom home, but this would be a far cry from the six figure cost of removing and replacing the defective material.

Florida state representative and home builder Gary Aubuchon, who attended this morning’s press conference, says that he is very interested in the process but would have to see a warranty agreement guaranteeing the work before he would consider contracting Sabre to perform any work.

While it is too soon to tell definitively tell whether the process employed by Sabre is truly a permanent and effective solution to rid homes of the potentially harmful toxins being emitted from Chinese drywall, it certainly is a breath of fresh air in a crisis that is getting more monumental each and every day.

Originally posted at InjuryBoard by Scott Kappes