Toledo Personal Injury Lawyer - Defective & Dangerous Products

Ohio roller coaster accident lawyers | Teen loses feet in roller coaster accident, settles out of court

Chuck Boyk — Wed, 28 Jan 2009 13:41:34 GMT

Kaitlyn Lasitter, a teenager from Kentucky, received a settlement from a Six Flags Amusement Park after her feet were severed during a thrill ride in June 2007. The ride malfunctioned, causing a cable to snap, swing down, and cut off the 13-year-old's feet.

Her parents later sued the Kentucky amusement park for negligence and failure to properly test, inspect, maintain, and operate the ride. The lawsuit states that if the machine operator had pressed the emergency stop button right away, Kaitlyn probably would have only suffered cuts and scrapes.

Doctors were able to reattach her right foot, but part of her left leg had to amputated. The settlement, which is to be kept confidential, will provide lifetime care for the girl.

Our Ohio amusement park injury attorneys handle cases where people are injured at amusement parks, and they see how serious these injuries can be. Roller coaster injuries, falls from thrill rides, or injuries caused by workers' unsafe practices can all have devastating consequences.

If you or someone you know has been injured while at an amusement park, contact our office today for your free consultation and case evaluation.

Originally posted at InjuryBoard by Chuck Boyk

Toledo, Ohio car accident attorney answers readers' questions

Chuck Boyk — Mon, 13 Oct 2008 10:39:00 GMT

What do you do if you purchase a car that turns out to be a lemon? Do you have any legal rights?

Toledo, Ohio car accident lawyer Dale Emch answers readers general legal questions on everything from car accidents, workers’ compensation, medical malpractice, or wrongful death. Contact our office if you would like to have your general legal question considered for Attorney Emch's Toledo Blade column, "Legal Briefs."

Dear Dale: My father-in-law purchased a new car that has continued to have the same engine problem. He's taken it in for repairs, but the problem keeps happening again and again. He's fed up and wants to know what his rights are.

ANSWER: It sounds like he may have purchased a lemon and could be entitled to a new car. In certain situations, Ohio's Lemon Law protects consumers who have purchased new cars that are plagued by problems.

The law applies only to new cars that are less than 1 year old or have fewer than 18,000 miles, whichever happens earlier. First of all, the dealer or manufacturer must be given a reasonable opportunity to make any repairs necessary so that the vehicle conforms to the warranty. You might be able to get a new car or a full refund if any of the following factors apply:

• If repairs have been attempted at least three times on essentially the same problem, but the problem persists.

• If one attempt has been made to repair a problem that could cause death or serious bodily injury, and the problem still exists.

• If the car has required eight or more repairs, not necessarily for the same problem.

• If the vehicle has been out of service for repairs for a cumulative total of 30 days.

If the consumer decides to replace the lemon, Ohio law requires that the new vehicle must be acceptable to him. Alternatively, a full refund of the purchase price can be demanded. The purchaser of the lemon also can recoup costs such as fees charged for cancelling a loan or lease, or towing costs and vehicle rental fees.

Despite the law, the consumer may run into a dealer or manufacturer who won't make things right or who believes that you don't have a right to seek the relief contemplated by the law. If that's the case, the lemon's owner can file a lawsuit seeking to recover the damages incurred. The law also allows for the recovery of attorney's fees and court costs if the consumer wins the case. That said, if certain factors are met, the consumer could be forced into arbitration, which essentially is an out-of-court hearing in front of a neutral party.

So, your father-in-law could be entitled to a new car or a full refund if the factors listed apply. It's important that he documents all of the problems and repair attempts so he can exercise his rights under the law. He should start a file and hold on to all of the paperwork associated with the vehicle.

For more information, check out the informative site the Ohio Attorney General's Office has put together on the Lemon Law at www.ag.state.oh.us/citizen/consumer/lemon_law.asp.

Originally posted at InjuryBoard by Chuck Boyk

Child saved from wrongful death after ingesting toy magnets

Chuck Boyk — Thu, 02 Oct 2008 08:36:00 GMT

A settlement of more than $1 million was recently reached after a four-year-old boy ingested a pair of small magnets made by Rose Art, according to the Jere Beasley Report. The toys stuck together inside the boy’s digestive system, lodging in his pelvis. Surgery performed after two ER visits saved the boy from suffering wrongful death, but his will have digestive problems for the rest of his life, including abdominal pain, constipation, and diarrhea, and will be forced to always adhere to a strict diet.

The plaintiffs argued that even though there was a “choking hazard” warning label on the toy, the packaging did not disclose the severity of ingesting the magnets, or the serious personal injury that their magnetic attraction could cause.

Our Toledo, Ohio personal injury attorneys urge parents to carefully choose the toys their children play with, and supervise them at all times. Make sure the toys are age-appropriate, and cannot be swallowed.

If you or someone you love has suffered personal injury from a defective product, contact our Toledo, Ohio products liability attorneys to learn your rights and for your free consultation and case evaluation.

Originally posted at InjuryBoard by Chuck Boyk

E. coli outbreak in Toledo, Ohio and surrounding area Kroger stores causes personal injury

Chuck Boyk — Fri, 27 Jun 2008 17:13:01 GMT

More than 35 people have suffered personal injury from a recent E. coli outbreak linked to beef sold at Ohio and Michigan Kroger stores, according to the Toledo Blade.

The recall targets beef that was sold at the stores from May 21 to June 8, and customers are instructed to discard any beef sold during that time, or return it to a Kroger store for a full refund.

More than 73,000 people suffer personal injury from E. coli infections each year, while 61 of those infected suffer wrongful death, according to newsinferno.com. The E. coli virus is especially dangerous to children and the elderly, since their immune systems are not a strong. Some strains, including the one found in Kroger beef, can lead to blood poisoning, cystitis, or swelling of the bladder, or septicemia, a potentially fatal infection.

Our Toledo, Ohio personal injury attorneys have handled these types of cases before, and urge consumers to look out for warning signs of an E. coli bacteria infection. Symptoms include severe stomachache or cramps, diarrhea, or vomiting. If you have become infected with the E. coli bacteria and need legal assistance, contact our office 24 hours a day, seven days a week to set up a FREE consultation with an attorney.

Originally posted at InjuryBoard by Chuck Boyk

Olives Recalled for Possible Contamination

Christina Cole — Sat, 10 Mar 2007 17:18:18 GMT

Jars of olives have been recalled by a Florida company because they might be contaminated with a bacteria that can cause food poisoning.

Flora Foods, located in Florida, has recalled their 25 ounce jars of "Cerignola Olives," due to risk of being contaminated with clostridium botulinum, which can cause a potentially fatal form of food poisoning.

The recalled olives were distributed in Georgia, Upstate New York and Florida. According to a statement by Flora Foods, the olives come in a clear glass jar with the Lot #G080 on the label.

To date, no illnesses have been linked to the olives, but routine testing found the product to be under-processed. At this time it is uncertain how many jars of olives could be affected.

The company warns consumers no to use the product even if it appears too look okay. Officials further urge customers to return the affected jars to their place of purchase for a refund.

Originally posted at InjuryBoard by Christina Cole

Peter Pan peanut butter sickens people in Toledo and throughout country

Dale Emch — Sun, 25 Feb 2007 00:01:00 GMT

People sickened by eating tainted Peter Pan peanut butter that was sold in Toledo, Ohio, and throughout the rest of the country are starting to file lawsuits.

The family of a Pennsylvania woman who died allegedly as the result of salmonella poisoning due to eating tainted peanut butter filed suit recently against ConAgra Foods, Inc. Whether the 76-year-old woman actually died of salmonella poisoning hasn't been determined, according to a Block News Alliance article.

The Toledo Blade recently reported that some people in northwest Ohio fell ill after eating Peter Pan peanut butter, but no suits have been filed yet in the area.

The symptoms of salmonella poisoning include diarrhea, nausea, and intense stomach cramps or pain. If you're interested in contacting a lawyer about the Peter Pan recall, please call 800-593-5446.

Originally posted at InjuryBoard by Dale Emch

New Lawsuit Against Makers of Ortho Evra Patch

Christina Cole — Thu, 15 Feb 2007 16:54:50 GMT

A personal injury suit has been filed in Santa Clara Count Court naming a Mountain View company and others that are involved in developing the Ortho Evra Patch. The patch is a commonly used birth control contraceptive that has been the source of hundreds of adverse reactions and complaints all around the world.

The most recent lawsuits name 46 plaintiffs, most being young women in their teens and 20's, that have suffered stroke, blood clots and even death. One case, involving a 23-year-old woman, suffered a deep vein thrombosis and died after wearing the patch for only one month.

Originally posted at InjuryBoard by Christina Cole

Guidant Office Sees Layoffs from Boston Scientific

Staff Writer — Wed, 10 Jan 2007 12:49:54 GMT

Boston Scientific has announced it will cut up to 600 jobs, or about 2% of the company's entire workforce. Most of the jobs will be eliminated at the Minnesota office the company acquired when it bought Guidant Corporation last spring.

Natick-based Boston Scientific has sought to restore confidence in Guidant's defibrillator and pacemaker business after a string of recalls and safety warnings starting in 2005 resulting from device malfunctions.
Boston Scientific said the staff cuts would eliminate some research and development projects to focus on initiatives with the greatest potential.

Boston Scientific has said it has seen a recent increase in sales of cardiac devices such as defibrillators.

Originally posted at InjuryBoard by Staff Writer

Medtronic may be Sued for Device Replacements

Christina Cole — Wed, 10 Jan 2007 07:12:52 GMT

Medtronic may have to repay health insurers for the cost of replacing 25,000 recalled defibrillators after a federal court ruling last week. In an oral order on January 4th, U.S. District Judge James Rosenbaum said U.S. health plans may bring Medtronic to a civil trial to recuperate the money.

In February 2005, Medtronic recalled 87,000 defibrillators. Insurers paid U.S. doctors and hospitals approximately $25,000 for each replacement surgery. Private and public insurers spent approximately $625 million.

Medtronic is defending in federal courts at least 417 product liability lawsuits, some suits involve multiple claimants and 34 lawsuits in state courts, according to the filing.

Originally posted at InjuryBoard by Christina Cole

Couple Seeks $1.3 million from Maker of Ortho Evra

Christina Cole — Sat, 06 Jan 2007 12:31:32 GMT

An Illinois couple is seeking $1.3 million in damages from Johnson & Johnson and its subsidiary Ortho-McNeil Pharmaceutical claiming the birth control patch Ortho Evra was the cause of the user suffering from deep vein thrombosis.

Carla and Jason Fletcher filed a 27-count lawsuit on December 11th in St. Clair County Circuit Court claiming the pharmaceutical company negligently designed, developed, manufactured, tested, packaged, labeled and distributed Ortho Evra.

The suit alleges the defendants improperly relied on the safety and risk information derived by studies of contraceptive pills and failed to perform adequate tests on women using the patch in clinical trials "forcing plaintiff...to rely on safety information that applies to an oral contraceptive agent...which does not entirely and/or necessarily apply to the patch whatsoever."

The defendants were negligent in failing to adhere to and/or take into consideration warnings from the FDA, prior to approval by the FDA of Ortho Evra, who determined, that blood clots could be a risk with the patch, states the complaint. Additionally the lawsuit alleges the defendants should have known that the intake of hormones contained within the patch would result in a level of estrogen being much higher by about 60 percent, than the levels associated with taking birth control pills.

"As a result of the defective nature of the patch, plaintiff Carla Fletcher...was at a greatly increased risk of serious dangerous side effects, including, but not limited to, the deep vein thrombosis that she developed and suffered, as well as other venous thromboembolisms, pulmonary embolisms, blood clots, myocardial infarctions, coma and/or death, as well as other severe and personal injuries," the complaint states.

Fletcher is claiming her injuries from using the birth control patch are permanent and that she suffers physical pain, permanent scarring and disfigurement, mental anguish, diminished enjoyment of life and a future of high risk pregnancies.

Jason Fletcher is seeking damages for the loss of consortium and claims he has suffered the loss of his spouse's affection, companionship, services and society. The ability of said spouse "in those respects (has) been impaired and depreciated, and the marital association between husband and wife has been altered, and, accordingly, both plaintiffs have been caused great mental anguish," the complaint states.

Originally posted at InjuryBoard by Christina Cole