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Recalls of Defective Products

word "recall" written across photo of recalled hamburgersProduct recalls protect consumers from suffering injuries from faulty products in the future – but what happens to those who purchased those items before the recall? They may have already become victims of injuries and illness as a result of using or being exposed to these items.

If you or a loved one has suffered in this manner, it is time to speak with a New York product liability lawyer at The Sanders Firm. Our attorneys will outline all of your options when it comes to getting the compensation that you deserve for your injury and financial losses. Every year, dozens of lawsuits filed in New York arise from defective or recalled products that have caused innocent consumers to suffer irreparable damages, emotional trauma and, in some cases, wrongful death.

Recalls pertain to a wide array of products including contaminated food, common household products, over the counter and prescription medication, electronics and appliances, infant products, motor vehicles, medical devices, and computer equipment.

Recalled products currently involved in ongoing litigation

Recalled automobiles, medical devices and pharmaceutical products cause thousands of injuries and deaths every year.

Some of the items involved in product liability litigation include:

  • GM vehicles due to ignition switch issues and unintended ignition key rotation
  • Toyota automobiles
  • DePuy ASR hip implants (manufactured by Johnson & Johnson)
  • GranuFlo and NaturaLyte (manufactured by Fresenius)
  • Transvaginal mesh products (various manufacturers)
  • Stryker hip implants (Rejuvenate, ABG II, & Trident Ceramic Acetabular Systems)
  • Johnson & Johnson Duragesic
  • Actavis Fentanyl Patches
  • Zimmer NexGen Knee
  • Banana Boat Sunscreens
  • Baby Einstein Jumpers

Recent national product recalls affect millions

In addition to defective medical devices and dangerous drugs, the following are some of the most commonly recalled groups of products:

  • Vehicle recalls: Automotive defects can easily lead to deadly situations, so recalls involving vehicle parts must be taken very seriously. GM has estimated that its widespread auto recalls will cost the company some $2.5 billion in 2014. The company has recalled just about every model this year, due to faulty ignition switch issues and unintended key rotation problems that have been tied to at least three deaths and a handful of serious injuries. Nearly 26 million GM cars have been recalled in the U.S. alone this year, making this the worst year on record for auto recalls. In 2011, Toyota recalled more than 1.7 million vehicles and Honda expanded an earlier recall to include a total of 1.65 million cars. In 2012, BMW recalled 1.3 million vehicles with a possibly faulty battery cable cover.
  • Baby products: Babies need to be protected at all times, so when products designed for the smallest consumers fail, it can spell serious danger. In 2012, the U.S. Consumer Product Safety Commission recalled on average two baby products per week, among them: Bumbo Baby Seats, Peg Perego Venezia and Pliko-P3 strollers, Toys R Us Imaginarium 5-Sided Activity Centers, and Tots in Mind Cozy Crib Indoor-Outdoor Portable Playard. More recently, the following were pulled off shelves: Graco strollers, Fisher Price Baby Playzone Crawl and Cruise Playgrounds.
  • Household items: Faulty wiring, shock and fire hazards were cited in the following product recalls for home items: Maytag washing machines, Dolan floor lamps, Kenmore oscillating fans and IKEA roller shades.
  • Contaminated food: Unfortunately, dangerous bacteria and other contaminants work their way into food products when manufacturing codes aren’t compliant with U.S. regulations. 2012 witnessed recalls for many such products, including a major recall for nut products manufactured by Archer Farms, Dogsbutter, Earth Balance, Fresh & Easy, Heinen’s, Joseph’s, Late July, Natural Value, Naturally More, Open Nature, Peanut Power Butter, Serious Food, Snaclite Power, Sprouts Farmers Market, Sprout’s, and Sunland. Other food items that have been recalled in the past few years include Fresh Express pre-made salad products, cookies made by Whole Foods and Bravo Farms cheese.

In the wake of the 2013-2014 GM auto recall, authorities worry whether affected owners maybe experiencing “recall fatigue,” since several new models have been added to the list over the past few months. The National Highway Traffic Safety Administration (NHTSA) states that – on average – only 70 percent of vehicle owners take action to have their SUVs or cars fixed after a vehicle recall. This would translate to nearly 8 million motorists in the U.S. driving defective GM vehicles.

The beleaguered manufacturer has created a compensation fund to the tune of more than $1 million for crash victims who suffered the consequences of faulty ignition switches, but some are seeking additional recourse through the court system.

How New York product recall attorneys can help you

If you are one of the many people affected by a vehicle or product recall, don’t let the statute of limitations run out – speak with a product liability attorney as soon as possible about your rights to compensation. Causes of action for bringing a personal injury lawsuit involving defective or recalled products include negligence, breach of warranty, strict liability and failure to warn.

Of course, it is also imperative to seek immediate medical attention if you have been harmed as a result of a defective or recalled product. Victims should follow the advice of their health care professionals and keep all medical records.

The Sanders Firm attorneys have the experience and resources to take on deep-pocketed corporations and fight for the reparations to which you are entitled. We understand the ins and outs of product liability law, and will expertly manage your case from pretrial processes to a successful jury verdict or out-of-court settlement.

Compensation available to plaintiffs

Litigation can help recoup the costs of all medical expenses, lost wages, diminished earning capacity, and non-economic losses such as emotional distress, pain and suffering.  Every year, personal injury plaintiffs are awarded verdicts in the millions of dollars, though the value of your claim will depend largely on the extent of your injuries and the liability of the defendant (s).

Some defendants may choose to settle out of court when thousands of claims allege similar injuries from a recalled product or device with reported design flaws. Last year, Johnson & Johnson announced it would pay an estimated $4 billion to recipients of the recalled DePuy ASR hip replacement that needed revision surgery.

General Motors predicts it will take a $1.2 billion hit in the second quarter of 2014 for all recall-related expenses and has shown what it will compensate victims of car accidents caused by defective ignition switches. The family of one 17 year-old who died in a crash recovered $2.2 million.

Toyota’s vehicles that suffered unintended acceleration issues have been blamed for at least two deaths. To resolve pending litigation, Toyota negotiated a $1 billion settlement with owners of affected models.

At The Sanders Firm, we want to ensure you achieve the maximum value of your claim. To build the strongest case possible, our attorneys work with veteran industry professionals that will analyze the circumstances of your injury and give the expert testimony that is often crucial in product liability litigation.

File a product liability lawsuit in New York

If you or a loved one has been seriously injured in Manhattan, Queens, Brooklyn, Bronx, Staten Island or Long Island due to a medical device, medication, or other product that has been the subject of a recall, you may be entitled to compensation.

Contact The Sanders Firm to schedule a free initial consultation. Our lawyers know how to take care of the legal details so you can focus on your recovery. Protect your legal rights, call us toll-free: 1.800 FAIR PLAY (800.324.7752).

  1. NBC News, Nearly Every GM Model Touched by Recalls This Year https://www.nbcnews.com/storyline/gm-recall/nearly-every-gm-model-touched-recalls-year-n145961

  2. USA Today, GM recalls 7.6M more cars as costs balloon https://www.usatoday.com/story/money/cars/2014/06/30/gm-recall-stock-trading-halted/11785801/

  3. Forbes, GM Recalls Another 8.4 Million Vehicles https://www.forbes.com/sites/billkoenig/2014/06/30/gm-recalls-another-7-6-million-vehicles/

  4. US Consumer Product Safety Commission, Recent Recalls https://www.cpsc.gov/en/Recalls/

  5. USA.gov, References for Recalls https://www.usa.gov/topics/consumer/smart-shopping/recalls.shtml

  6. FDA, Recalls, Market Withdrawals, & Safety Alerts https://www.fda.gov/Safety/recalls/default.htm

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