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The Orvis Company Recalls Stuffed Toys Due to Choking Hazard

Jenny Albano — Fri, 03 Aug 2007 17:38:04 GMT

The CPSC and The Orvis Company are recalling about 220 Stuffed Plush Horses and 1,300 Fairy Dolls because the button eyes on the horse and the pompom nose on the fairy doll can easily detach which poses a choking hazard to children.

The Orvis Company has not received any reports of injury so far. The toys that were sold with sleeping bags were available on the company's website and through mail-order catalogues. The product was available from September 2006 through December 2006.

The stuffed horses, which can be used as a pillow, is brown and is sold with the Horse Animal Sleeping Bag. The legs of the horse pillow are outstretched and has a black mane and tail. The stuffed horse can also attach to the sleeping bag from a hook that is on the horse's stomach. Horses with eyes that are embroidered on the fabric are not included in the recall.

The Fairy Doll toy was sold with the Unicorn Animal Sleeping Bag. The doll has a pompom nose, and a pink satin dress that has glitter netting for the collar, the sleeves, and an apron. The doll can also be attached to the sleeping bag by a hook on the fairy's wings. The sleeping bag comes with two other toys, but they are not included in the recall.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

Airplane Crashes - All Twenty On Board Killed

Courtney Mills — Fri, 10 Aug 2007 15:41:14 GMT

A small twin engine turboprop crashed into the sea right after takeoff Thursday from the French Polynesian island of Moorea, killing all twenty passengers aboard. According to the High Commission for the territory, it was the worst aviation accident in French Polynesia's recorded history.

The plane was departing for Tahiti, approximately ten miles from the island of Moorea, when it crashed into the lagoon that abutted the airport directly after takeoff. The exact cause of the crash was indeterminate as yet.

Rescuers attempted for several hours after the accident to retrieve passengers from the lagoon, but upon nightfall rescue efforts were discontinued until Friday morning. When the turboprop crashed, it sunk instantly several thousand feet to the bottom of the lagoon. Assistance was afforded by French navy and surrounding fishermen from the lagoon who had witnessed the airplane crash.

The passenger manifest contained several French Polynesians, 2 Australian tourists, and two officials from the European Union. Many fishermen witnessed the accident and were quite shaken by the catastrophe and subsequent loss of life.

For more information on this subject matter, please refer to our section on Airline, Cruise, Bus, and Other Mass Transit.

Originally posted at InjuryBoard by Courtney Mills

Woman Suing Big Lots for Slip & Fall

Christina Cole — Tue, 23 Jan 2007 05:27:03 GMT

A Berkeley County woman is suing the national retail store, Big Lots, after she injured herself when slipping and falling on the floor.

Aline E. Valentin-Dunsmuir was a customer at Big Lots in June 2005. While she was there she slipped and fell on an unknown substance.

"The substance which was on the floor was in the nature of a hidden danger, trap, snare, pitfall or the like, "the lawsuit, filed on January 10, states"

The lawsuit also says Valentin-Dunsmuir suffered from permanent injury to her body, body chemistry and psyche. Due to her injuries, she has incurred several medical expenses.

The suit states Big Lots was negligent for allowing the substance to remain on the floor and the accident may not have happened if the substance had not been there. Valentin-Dunsmuir is seeking compensation for her injuries and expenses, attorney fees and court costs.

Originally posted at InjuryBoard by Christina Cole

Actor Angry Over Hospital Error

Rob Curtiss — Fri, 11 Jan 2008 21:11:32 GMT

Film actor Dennis Quaid and his wife have expressed their outrage over the treatment their newborn twins have received at Cedars-Sinai Medical Center in Los Angeles. A report from the California Department of Public Health confirms that the couple's babies each received a dosage of Heparin that was 2,000 times stronger than the prescribed dose. Heparin is a high risk drug used as a blood thinner.

Among the Quaids' expressed concerns was the "lack of candor" the hospital exhibited regarding the medical error. Evidently, the couple learned of the mistake through the Department of Health rather than the medical facility. The Quaids have also sued the manufacturers of the drug citing negligent packaging of different doses in similar appearing vials. For more on this story please visit: http://tinyurl.com/ywtq6u.

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Rob Curtiss

John Edwards, Taking Heat for Being a Trial Lawyer

Rob Curtiss — Fri, 04 Jan 2008 20:48:06 GMT

Several of the major presidential candidates: Mitt Romney, Barack Obama, Hillary Clinton and Rudy Giuliani to name a few are lawyers by training. Thus far I don't recall any of these individuals have been attacked because they are attorneys. However, another candidate John Edwards has been vilified for some time because of his profession. You see, Edwards is not just a lawyer he is a "trial lawyer." This means that unlike the others his practice has primarily consisted of representing ordinary people against corporations and insurance companies. The fact that Edward's has represented victims against the rich and powerful has made him a natural target of the rich and powerful and their attack machine.

Now this article is not an endorsement of Edwards for president. But as a victims lawyer myself I believe we have a duty to stand up when trial lawyers are attacked simply for being trial lawyers. It should be pointed out one of the fathers of the American Revolution and our second president, John Adams was a trial lawyer. Abraham Lincoln, perhaps our greatest president was one also.

So when the rich and powerful attack trial lawyers for what they do they are really attacking our jury system. This is because all their money and power cannot protect them against a jury bent on doing justice. So their may be any number of good reasons to criticize John Edwards but his former profession is not one of them. For more on the debates see: http://www.wmur.com/politics/14978023/detail.html

Originally posted at InjuryBoard by Rob Curtiss

Motor Vehicle Accidents and Driver Inattention

Ed Van Dorn — Tue, 27 Nov 2007 20:14:47 GMT

Drivers entering highways in wrong direction cause needless accidents and personal injury and wrongful death.

Driver inatttention can cause motor vehicle accidents resulting in serious personal injury. Entering limited access highways the wrong way happens more often than expected. In 2002, a van entered Intersate 89 at exit 16 the wrong way, going south in the northbound lanes. This resulted in accidents involving four vehicles. No one was killed but several persons sustained serious injuries. .

Two months later, another driver drove his Jeep from Roosevelt Highway onto I-89 and drove north for 13 miles -- in the southbound lanes. He caused three accidents.

In January 2005 another driver turned left off Roosevelt Highway to travel north on I-89 at Exit 16. She made it for a mile and a half -- in the southbound lanes -- before she collided with a man's oncoming car. Both drivers were critically injured. The same month another motorist drove 10 miles northbound in the southbound lanes of I-89 -- from Williston Road into Milton -- before crashing and losing a leg.

Senseless, needless tragedies. All caused by drivers not paying attention. Since these accidents the Vermont Agency of Transportation has made some changes at critical intersections, but the fact remains that as motorists we all have the responsibility to pay attention when driving. Only then can needless tragedy be avoided.

Last week the Burlington Free Press ran a complete story on this issue. As personal injury lawyers we see firsthand the tragedy caused by all kinds of careless mistakes including entering highways in the wrong direction.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Ed Van Dorn

Pacifiers Recalled Due to Choking Hazard

Chrissie Cole — Tue, 24 Mar 2009 11:21:00 GMT

OKK Trading of Los Angeles, in conjunction with The U.S. Consumer Product Safety Commission (CPSC), announced a voluntary recall of Baby Necessities Pacifiers.

The pacifiers are banned under federal law. They failed federal safety tests when the nipples separated from the base. This poses a choking hazard to young children.

To date, the company has not received any report of injury in connection with the recalled products.

Baby Necessities pacifiers with a blue heart-shaped mouth guard are included in the recall. The product are sold in a four-pack.

Consumers are advised to take the recalled pacifiers from small children immediately and to contact the company to for a refund or exchange.

Consumer Contact: For additional information, contact OKK Trading collect at (877) 655-8697 between 9 a.m. and 5 p.m. PT Monday through Friday, or visit the firm’s Web site at www.okktrading.com

Originally posted at InjuryBoard by Chrissie Cole

Slip and Fall Injuries in Vermont

Ed Van Dorn — Wed, 31 Jan 2007 19:08:33 GMT

A client asked us about her legal rights when she slipped on ice in front of a supermarket and sustained serious personal injury including a broken pelvis. Generally speaking supermarkets will carry insurance for these incidents but will only pay a claim if the supermarket was negligent in maintaining its premises. Simply stated negligence means that the supermarket acted unreasonably under the circumstances.

For example say there was a storm a week before the accident and the supermarket did nothing to clear away the accumulated ice and snow around the entrance to the store. On the day of the accident the customer tries to be careful entering the store and maneuvering around the icy conditions. Nevertheless she falls and sustains injury. In that case it is pretty clear that the supermarket knowing that patrons will be crossing over the icy area to gain entrance has a duty to take reasonable precautions to make the area safe. In this case since the supermarket had a week to clear the ice it is almost certainly liable for the injury and its insurance company should pay the claim.

For another example assume that the accident happened in the middle of a storm. In that case the supermarket made best efforts to keep the entrance clear but couldn't stay ahead of the snow and ice accumulating from the storm. The patron slipped and fell on ice that accumulated as a result of the storm. In that case since the store was doing most everything it could it would be hard to find negligence and the store's insurance company probably would not pay the claim voluntarily.

Most cases fall somewhere in between these two examples. The supermarket's insurance company will typically try hard to avoid paying the claim blaming the weather and even the patron herself for not being careful. Our firm evaluates every claim on its own merits. If we think the claim is justified we will insist that the insurance company pay the claim and if they don't we will bring litigation against the supermarket and the insurance company. Since we have a reputation among the insurance companies for fighting hard for our clients and litigating cases when we must they will usually settle. The amount of settlement depends on the seriousness of the injury, the amount of medical bills, lost wages and other expenses and the degree to which the store was negligent. If you or a loved one have been seriously injured in a slip and fall accident you should consult our firm to know your legal rights.

Originally posted at InjuryBoard by Ed Van Dorn

Industrial Accidents

Ed Van Dorn — Thu, 20 Sep 2007 15:26:15 GMT

Did you know that every year, 4.7 workers per hundred receive serious on the job injuries. The US Dept of Labor keeps these statistics. The US House of Representatives Committee on Education and Labor would like to change this. But it takes time to pass legislation. Meanwhile workers are being unnecessarily killed and injured.

The civil justice system in our country provides for injured and killed workers and their families to receive just compensation. But sometimes our court system does even better than that. In my 30 years experience as a personal injury lawyer I have seen that when companies are hit with big jury verdicts they sometimes fix the problem that caused the injury or death to avoid causing similar injuries and death in the future. Needless to say this is a major positive side effect of litigation and an important benefit for all workers. So the next time you hear big business bureaucrats shouting for tort reform, think about the lives our civil justice system saves.

For more information on this subject matter, please refer to our section on Worksite Injuries and Workers Compensation.

Originally posted at InjuryBoard by Ed Van Dorn

Wrongful Death Lawsuit Filed Against Bar & Driver

Christina Cole — Fri, 09 Mar 2007 01:54:20 GMT

A man that was convicted of drunk driving in a fatal car crash is now facing a wrongful death lawsuit. The bar he was drinking at prior to the crash is also facing many lawsuits.

In August, he was sentenced to 5 to 7 years in prison by a Bennington District Court Judge. He pled guilty in May to driving while intoxicated on the night his car crashed into a bakery. His passenger driving along side him, died at the scene.

Jocar Inc, the owner of JC's Tavern, where he had been drinking before the crash occurred is also named in many of the civil suits that have been filed by the family.

The man is being sued for two counts of wrongful death and two counts of negligence. The bar is facing three counts of negligence and three counts of violating liquor laws.

The complaints don't specify damages being sought, but they do ask for compensation to the family for the loss of their loved one's life.

In the suit, the family claims that "Whitman purchased numerous alcoholic beverages from JOCAR, by or through its agents, servants and/or employees, and consumed those alcoholic beverages at JC's Tavern." The suit alleges that the bar "continued to serve alcoholic beverages to Whitman after he had become visibly intoxicated and/or after it was reasonable to expect him to be intoxicated as a result of the alcoholic beverages which it had already served to him."
According to the complaint, JC's Tavern was cited to appear before the Vermont Liquor Control Board for selling alcoholic beverages to a patron displaying signs of intoxication and for furnishing alcohol to a patron for no charge. The bar lost its licenses to sell alcohol for 60 days, from Jan. 1 to March 2 of this year.
In his answer to the suits filed, Whitman, acting without legal representation, denied that the plaintiffs were entitled to any relief. In his filed response, Whitman denies he negligently operated a vehicle while intoxicated. He admits that the accident occurred, but denies that he caused the accident. Whitman also admits he purchased beverages at the bar during the evening of Nov. 12 and early morning of Nov. 13, but objects to the term "numerous" beverages.

Originally posted at InjuryBoard by Christina Cole