Columbia Personal Injury Lawyer - Defective & Dangerous Products

Baby Einstein Videos Recalled

Pete Strom — Tue, 27 Oct 2009 11:01:59 GMT

Baby Einstein, with its vibrant colors and soothing music, is common place in households with small children. Contrary to what the name implies and despite the soothing classical music played throughout the videos, Baby Einstein will not make your children any smarter.

http://www.youtube.com/watch?v=2yd1YckwpKI

Responding to allegations of deceptive marketing concerning its educational nature, the Baby Einstein company is voluntarily recalling all videos purchased between June 5, 2004 and September 4, 2009.

If you purchased a Baby Einstein video during this time period, you are eligible to receive up to four refunds in the amount of $15.99 per video, a Baby Einstein Music CD, or a 25% off coupon for one Little Einstein product at the Disney Store.

Strom Law Firm is a personal injury and criminal defense law firm centrally located in Columbia, South Carolina. Our firm proudly handles personal injury, criminal defense, defective products, class actions, pharmaceutical liability, toxic torts, medical malpractice, nursing home neglect, workers compensation, social security, veteran's benefits, qui tam, predatory lending, tax investigations, business litigation, and wills and estates. Our lawyers proudly edit the Columbia, South Carolina Injury Board as well as the Strom Law Blog as a pro bono effort to provide the public valuable information. Our lawyers are licensed in: South Carolina, New York, and Georgia

Originally posted at InjuryBoard by Pete Strom

Defective Chinese Drywall Lawsuits Press Forward

Pete Strom — Thu, 24 Sep 2009 20:43:12 GMT

Chinese Drywall, a wide flat board used to create interior walls, is alleged to be emitting sulfur-based gases that:

cause your home to smell like rotten eggs,
corrode air-conditioner coils,computer and electrical wiring, and
cause chronic health problems including sinus problems, a scratchy throat, itchy eyes, as well as other symptoms that go away when you leave the home.

As we have reported, all of the pending faulty Chinese Drywall claims have been consolidated into the US District Court for the Eastern District of Louisiana. The assigned Multi-District "MDL" Court held a status conference today in New Orleans, Louisiana. We attended the status conference and are proud to supply you with the following report:

During the status conference, the Court advised that it has posted a markings catalog on its website under the "Drywall MDL" tab. The parties also discussed the vaious pretrial orders, copies of which are available on the Court's website.

In accordance with the Court's request at the status conference held last month, inspections have begun and ten properties have been tested. The protocol for these inspections has been amended and an additional ten homes will be tested.

The court will set bell weather trials for January through March 2010. Bellwether cases are actual trials of a small number of cases selected out of all of the pending cases to offer a picture of what a jury may decide in subsequent cases. It is very clear that the Court wants these cases moving.

The court set the next status conference for October 15, 2009. We will keep you updated.

Originally posted at InjuryBoard by Pete Strom

Apple iPhone 3G Consumer Complaints Abound

Pete Strom — Thu, 20 Aug 2009 15:36:06 GMT

Touted for its speed, strength and performance, Apple released the iPhone 3G and its related 3G-bandwidth, in 2008 promising “twice the speed for half the price” as compared to the original iPhone. The “3G” stands for the third generation in mobile technology.

The new iPhone, advertised to the public as a mobile phone, iPod, and internet communications device capable of providing access to desktop email, web browsing, maps and searching now faces a lawsuit alleging that the device performs much slower than advertised and often connects to AT&T’s much slower Edge 2G protocol rather than the 3G broadband technology promised.

Users claim that they have experienced difficulty in making phone calls and finding good 3G reception resulting in dropped calls even in areas represented to provide excelled 3G coverage. Other lawsuits claim even more problems with the iPhone including short battery life, cracking of the phone casing, and an inability to send MMS messages.

Despite performance issues tied to the 3G iPhone, Apple has made millions of dollars since the phone was released. Apple has an exclusive agreement with AT&T, forcing consumers to select the AT&T network. AT&T requires new users to sign 2 year contracts, binding consumers to a fixed rate. After initial problems with iPhone reception were reported, an upgraded service plan was offered at an additional $10 a month.

In January 2009 a civil complaint, Walters et. al v. Apple Inc., was filed in United States District Court of Northern California, San Jose Division. The complaint alleges that Apple Inc. is conducting unlawful, fraudulent or unfair business practices, breaching express and implied warranties, and violating the Arkansas Deceptive Trade Practices Act.

Apple’s marketing practices are specifically targeted in this lawsuit. The complaint refers to iPhone ads as a “campaign to lead consumers to believe that the iPhone 3G device would properly operate on AT&T’s related 3G bandwidth protocol and offer feaster data services.” However, the lawsuit claims Apple knew the AT&T network could not handle anticipated call volumes and could not perform on the 3G network as described.

This lawsuit claims Plaintiffs have suffered significant damages and seeks equitable relief, costs, and attorney’s fees. This class action potentially involves millions of consumers given that Apple sold 1 million iPhone 3G devices within the first week of its launch.

The Strom Law Firm is currently investigating these allegations for iPhone 3G customers in Illinois, Pennsylvania, Ohio, Michigan, and Colorado. If you own an iPhone 3G and have experienced problems with its speed and reception, contact one of our defective products attorneys today.

http://www.youtube.com/watch?v=vjQpzHzg3AQ

Originally posted at InjuryBoard by Pete Strom

Chinese Drywall Invades Homes Forces Owners to Evacuate

Pete Strom — Mon, 27 Jul 2009 15:53:21 GMT

Think the housing market and economy could not be any worse? Think again if you are plagued with Chinese Drywall.

Chinese Drywall, a wide flat board used to create interior walls, also knowing as plasterboard or wallboard, is believed to be emitting sulfur-based gases that may be corroding air-conditioner coils, computer and electrical wiring, and picture frames among other items.

Although builders typically use domestically produced drywall, in 2006, the housing boom, combined with a shortage of supplies due to Hurricane Katrina, forced many builders to import drywall from China. Knauf Plasterboard, Tianjin Co., a subsidiary of German Company, Knauf International GmbH, is believed to be one of the main contributors. A least one report indicates that the company hired an expert to investigate the strange odor in 2006, but that no related health concerns were found. Not so, say many other home owners.

www.youtube.com/watch

Over 540 million pounds of Chinese drywall were imported into the United States between 2004 and 2008, enough drywall to build nearly 100,000 homes. The Consumer Protection Safety Commission recently confirmed that the number of imported Chinese drywall for 2006 was more than 5.5 million sheets with additional shipments to be validated.

The Dog days of summer are generating more Chinese Drywall claims. As the days heat up, the warm humidity exacerbates the drywall’s emissions.

The drywall has been found in thirty three states, including South Carolina.

Common signs of problems within the home:

· Smell of sulfur and/or ammonia

· Corrosion of furnace coils, electronic wiring, and other metals such as jewelry

· Chronic health problems include sinus problems, throat irritation, scratchy eyes, headache, as well as other symptoms that go away when you leave the home.

What to look for:

· A rotten egg smell, which has been found in some, but not all of the homes believed to contain toxic Chinese Drywall

· If possible, push some insulation around in your attic to expose the backside of the drywall. Look for a stamp (China or Knauf).

· Look for copper turning black;

· Appliances and equipment failing prematurely,

· Even TV's and cable boxes and personal jewelry turning black.

· Remove a switch plate cover off a light switch, get a flashlight and look at the site of the light switch to see if the copper wire is blackened.

· If you hire an inspector, check the inspector's credentials.

The experienced toxic Chinese Drywall attorneys at the Strom Law Firm LLC can help you uncover and protect your rights if you have been a victim of Toxic Chinese Drywall.

Strom Law Firm is a personal injury and criminal defense law firm centrally located in Columbia, South Carolina. Our firm proudly handles personal injury, criminal defense, defective products, class actions, pharmaceutical liability, toxic torts, medical malpractice, nursing home neglect, workers compensation, social security, veteran's benefits, qui tam, predatory lending, tax investigations, business litigation, and wills and estates. Our lawyers proudly edit the Columbia, South Carolina Injury Board as well as the Strom Law Blog as a pro bono effort to provide the public valuable information. Our lawyers are licensed in: South Carolina, New York, Georgia, Florida, and the District of Columbia.

Originally posted at InjuryBoard by Pete Strom

Health Risks from Denture Cream turn Smiles into Frowns

Amanda Wick — Thu, 11 Jun 2009 09:51:06 GMT

As the saying goes, you are never fully dressed without a smile. For years Poligrip and Fixodent have helped those with dental work such as dentures and bridges keep their teeth in place. Users with difficult fitting dentures have stood by these products and used them several times per day. Although denture cream is placed in your mouth and may potentially be swallowed or absorbed into the blood stream, the FDA classifies denture cream as a Class 1 low risk dental device, meaning Poligrip and Fixodent were not even required to advise you as to what is in the cream. Denture cream users are now faced with the reality that denture cream products contain zinc and may lead to problems including:

* Paralysis

* Numbness

* Loss of Sensation

* Tingling in the Hands or Feet

* Muscle Weakness

* Unexplained Pain

The zinc poisoning caused by Poligrip and Fixodent can cause permanent injury if it is not diagnosed early and treated. Several lawsuits have already been filed claiming that Poligrip and Fixodent should have tested these creams and warned consumers that they are dangerous.

Are you a denture cream user who has unexplained symptoms? Contact a denture cream attorney who can help protect your rights. Strom Law Firm is a personal injury and criminal defense law firm centrally located in Columbia, South Carolina. Our firm proudly handles personal injury, criminal defense, defective products, class actions, pharmaceutical liability, toxic torts, medical malpractice, nursing home neglect, workers compensation, social security disability, veteran's benefits, qui tam, predatory lending, tax investigations, business litigation, and wills and estates. Our lawyers proudly edit the Columbia, South Carolina Injury Board as well as the Strom Law Blog as a pro bono effort to provide the public valuable information. Our lawyers are licensed in: South Carolina, New York, Georgia, Florida, and the District of Columbia.

Originally posted at InjuryBoard by Amanda Wick

Iovate Pulls Hydroxycut Off Shelves After Death of Young Man

Lauren Decker — Thu, 07 May 2009 14:35:40 GMT

If you’re like me, you may remember the first time you saw a Hydroxycut commercial on television – a blonde vision of beauty rising out of a pool, claiming that she was able to lose weight easily by just swallowing a little pill. I remember thinking to myself, “that seems to good to be true – there must be some kind of catch.”

Predictably, the Food and Drug Administration has recently confirmed there is a HUGE catch to Hydroxycut – liver damage. The FDA recently issued a recall for Hydroxycut products, manufactured and distributed by Iovate Health Sciences Inc., and urged consumers to immediately stop using the popular weight loss pill.

Adverse effects of Hydroxycut products include various levels of liver damage that range from elevated liver enzymes to damage serious enough to require a liver transplant. Signs of liver damage include jaundice, yellowing of the skin or the whites of your eyes, brown urine, nausea, vomiting, light-colored stools, excessive fatigue, weakness, stomach or abdominal pain, itching, and loss of appetite.

The recall came after 23 reports of serious injuries and the death of a 19-year-old man in 2007, which shockingly wasn’t reported to the FDA until March of this year.

Dr. Linda Katz, Interim Chief Medical Officer of the FDA's Center for Food Safety and Applied Nutrition, urges consumers to “discontinue use of Hydroxycut products in order to avoid any undue risks. Adverse events are rare, but exist. Consumers should consult a physician or other health care professional if they experience symptoms possibly associated with these products.”

According to the FDA, although serious liver damage is rare, patients who experience these symptoms took the dosage recommended on the product’s label.

Just last year, Iovate sold more than 9 million units of Hydroxycut products, distributed mainly to grocery stores, pharmacies, and health food stores.

Because Hydroxycut products contain a variety of ingredients and herbal extracts, the FDA has yet to determine the cause of the liver problems. But one thing that we have learned from this and other recalls is, if a weight loss drug seems too good to be true, it probably is.

Originally posted at InjuryBoard by Lauren Decker

Defective Chinese Drywall Hits North Carolina

Amanda Wick — Wed, 22 Apr 2009 14:28:50 GMT

As many have predicted, the Chinese drywall epidemic has been found in another Southeast state, this time North Carolina. Newsinferno just reported that the Flannigans, a family in Holly Springs, North Carolina, have sued their builder Stafford Custom Homes because their custom-built home contained defective Chinese drywall. The Flannigans reported all the common signs: their home has smelled like sulfur since they bought it in 2004, their furnace coils and other metals have corroded including jewelry and guitar strings that have turned black, and several family members have experienced chronic health problems since moving in.

The Associated Press has reported that this drywall may be in more than 100,000 homes nationwide. This was largely due to the drywall shortage that resulted during the housing boom from 2004 to 2008.

Given that the drywall seems to be exacerbated by the warm, humid climate in the south, we can only expect these cases to pop up more and more as we get closer and closer to the summer.

Originally posted at InjuryBoard by Amanda Wick

The gloves come off in the debate over defective Chinese Drywall

Amanda Wick — Tue, 07 Apr 2009 12:50:54 GMT

Today, in an article on newsinferno.com, Senator Bill Nelson (D-FL) called for the resignation of Nancy Nord, head of the Consumer Products Safety Commission (CPSC), because of the CPSC's failure to respond to Florida’s drywall problems.

Nelson is quoted as saying, “The CPSC has the legal authority to stop the importation of this stuff and to cause a recall and utilize their legal authority to exact penalties and to seize the assets of these companies. Now, that’s what I have asked them to do... The CPSC ought to exert their powers, now the problem is, you’ve got a chairman, Nancy Nord that just is not doing their job and the administration is going to have to replace her with somebody that will.”

While the CPSC sent a five-member team to investigate in Florida, Nord's position is that it is too soon in the process to issue a recall.

Interestingly, the Chinese government has apparently launced its own investigation into the defective Chinese drywall and has told news sources that the Chinese FDA-equivalent is “very concerned” about the allegations made regarding the material.

While problematic reports have so far only come out of Florida, Louisiana, Alabama, and Virginia, the drywall was also imported through ports in California, Mississippi, Texas, South Carolina, North Carolina, New York, Georgia, Washington, Pennsylvania, and New Jersey. As summer approaches and temperatures rise, so likely will the number of reports in warm, humid locales as these are factors that exacerbate the drywall emissions.

Originally posted at InjuryBoard by Amanda Wick

Federal Government ramps up investigation into defective Chinese Drywall

Amanda Wick — Fri, 27 Mar 2009 10:11:24 GMT

Recently, the Herald Tribune reported that on Thursday, March 26th, federal investigators from the Consumer Product Safety Commission (CPSC) were in Southwest Florida inspecting the electrical systems of at least four homes to further investigate claims of defective Chinese Drywall. While the CPSC has been investigating this for weeks, yesterday marked a huge step in the investigation as it was the first time the federal team went to actually do formal inspections of homes in Florida.

As the article points out, what's really critical about the federal inspection is that if the CPSC ultimately determines that the Chinese drywall poses a safety hazard, the CPSC can issue a recall of ALL the Chinese drywall imported and installed into homes. It can also stop future sales and prevent any more of it from being imported. AND, possibly most important to those homeowners who have already filed suit against Knauf and the makers of the drywall, the CPSC also has subpoena power, which means it can demand that the companies responsible hand over any relevant records from builders, suppliers and manufacturers.

WHAT'S BEING DONE?

Currently, there are at least three lawsuits pending against the makers of the drywall and other involved parties, that could greatly benefit from the CPSC stepping in to assist in gathering evidence. There are at least three federal lawsuits allegining injuries to plaintiffs in Florida, Louisiana, and Alabama. Given reports that a builder in Virginia came forward to acknowledge defective drywall installation in a development there, more are likely to be filed around the country.

IS THIS ONLY A PROBLEM IN FLORIDA?

Concerns are growing that, as new cases are cropping up in Lousisiana and Alabama (states that suffered severe drywall shortages after destruction from hurricanes), this could be a nationwide problem. Past reports by the Herald-Tribune indicate that the drywall was not only imported into Florida and Louisiana, but also came in through ports in California, Mississippi, Texas, South Carolina, North Carolina, New York, Georgia, Washington, Pennsylvania, and New Jersey. It was literally imported all over the country.

And while lawsuits may only have been filed in Florida, Louisiana, and Alabama, this is likely only the beginning. From reading the press on this issue for the last several months, the one thing that is abundantly clear is that no one tested or inspected this stuff before installing it. Distributors, builders, and suppliers appear to have sold and installed it without giving any thought to the fact that drywall imported from China might be as defective as thousands of other Chinese products that have made the news in the last few years. And what is most mind-boggling is that none of them appear to have given a thought to the long-term costs and consequences of a short-term strategy of saving a little money on drywall, rather than using quality products that they knew to be safe.

Given the amount of drywall imported in other states, it would not surprise me to see reports of the defective drywall having been installed in houses nationwide. Because the smell appears to be agitated by heat and humidity (thus the rapid development of problems in Florida), we will likely see more of these cases popping up the closer we get to summer time.

HOW DO I KNOW IF I EVEN HAVE CHINESE DRYWALL?

If your house was constructed in the last four years, you may be at higher risk for having Chinese drywall. The first thing people tend to notice is a smell of burnt eggs, or sulfur, as if something were rotting. However, people have also said it smelled like wood varnish so regardless of what you think it smells like, if something doesn't smell right, do further investigation. (Please note - some people report not smelling anything so if you see other signs, do not disregard them simply because your house does not smell). Surefire ways you can check for the drywall include removing the outlet plates on your wall and checking to see if the copper wires have turned black. Other signs include blackened or broken A/C or refrigerator coils and pitted and/or blacked metal on fixtures. If you have an attic, some people have been able to see the words "Knauf" or "Made in China" on the back of the drywall boards in their attic (though the lack of these does not mean you do NOT have it, since many builders may have only used it on walls and not ceilings). For additional help, contact your local health department or the CPSC.

Originally posted at InjuryBoard by Amanda Wick

Chinese Drywall Makes it to Charleston, South Carolina

Amanda Wick — Wed, 04 Mar 2009 15:21:35 GMT

While it no longer seems like "news" to report something defective being manufactured and imported from China, the most recent problematic product being imported into the U.S. is Chinese drywall.

You may have heard on the news the problems found, and investigations being conducted in South Florida that are tied to problems with “Chinese drywall,” drywall that was manufactured and imported from China. Homeowners who have Chinese drywall in their homes have reported a putrid, “rotten egg” smell, which may cause health problems. In addition, it appears that gas released from the drywall causes corrosion of metals in household appliances. Unfortunately, the humidity and warm climates of areas such as Charleston, South Carolina and Florida, where much of the Chinese drywall was imported, make the odor and potential problems associated with Chinese-made drywall more prevalent.

Last week, Federal investigators with the Consumer Product Safety Commission (CPSC) began investigating in Florida, the first step in a more intense probe into contaminated Chinese drywall. The CPSC and the Environmental Protection Agency (EPA) had been in discussions since January with officials in Florida. But the launch of a formal compliance investigation now brings the full power of the federal government to bear on the problem for the first time.

On Monday, a new class action lawsuit was filed in Florida against Knauf, a German drywall maker, its Chinese units and several U.S. home builders, claiming that the defective product has corroded metal and sickened some homeowners. Knauf is a German company that has two plants in China. The company has acknowledged complaints about odors from some of the drywall from its Knauf Plasterboard Tianjin Co. Ltd. plant. Knauf is conducting its own investigation and believes the problem drywall came from a specific gypsum mine. (Drywall is typically made of a layer of gypsum plaster pressed between two thick sheets of paper, then kiln dried.) Knauf also reports it stopped using the questionable mine in 2006.

Nearly 68 million pounds of drywall manufactured in China were shipped to the United States in 2006, enough to build between 3,000 and 7,500 average-size single-family homes. While a majority of the material entered New Orleans in 2006 after hurricanes Katrina and Wilma in 2005, 18.8 million pounds of Knauf drywall was shipped to Charleston, South Carolina in 2006. The mass importation of Chinese drywall became prevalent when construction materials became low, causing a spike in drywall imports. The increasing demand for building materials coincided with the rise in drywall from China in the marketplace.

Builders who used Chinese drywall, according to the builders themselves, customers and attorneys, include Lennar Corp., Taylor Morrison, WCI Communities, Meritage Homes, Ryland Homes, Standard Pacific Homes and Aubuchon Homes. Homes in South Carolina, especially around the Charleston area, built between November 2005 and November 2006 may contain the drywall. Lennar Corp. alone has several housing projects in South and North Carolina, near Charleston, Charlotte, Greenville and Myrtle Beach.

The Chinese drywall is especially problematic because the smell can permeate into the wood studs and continue to cause problems after it is removed. While some homebuilders are voluntarily assisting homeowners whose homes were constructed with the drywall, others are not. If you or a loved one has suffered from health problems, or has suffered property damage that you believe is a result of Chinese drywall, please contact a health provider for medical attention and an attorney to preserve your rights.

Originally posted at InjuryBoard by Amanda Wick