Product Recalls and Product Liability

Consumers live in a dangerous world.

Anything from scuba hoses to children’s dungarees might be poorly designed or manufactured, posing a threat to consumers. The Consumer Product Safety Commission maintains a website with product recall information. Here are examples of recent recalls:

• In April automakers recalled more than 1.3 million vehicles in the United States for faulty air bags. Owners of certain older Toyota, Honda, Nissan, Mazda, General Motors and BMW vehicles are at risk of being injured by over aggressive propellants in canisters that inflate air bags during a crash.
• Stryker Corporation recalled its Neptune surgical waste system sold to hospitals.
• A children’s toy company Maxfield & Oberton LLC is recalling about 60 Buckyballs high-powered magnet sets. When two or more magnets are swallowed by young children, they can link together causing intestinal obstructions.
• Balanced Solutions Compounding Pharmacy LLC, of Lake Mary, Florida, has voluntarily recalled all lots of sterile products compounded by the pharmacy that are not expired because of concerns that the products may not be sterile. This is reminiscent of the scandal of the New England Compounding Center, which spread fungal meningitis to patients.
• Tyson Foods Inc. recalled 127,000 lbs. of uncooked breaded chicken tenderloins and uncooked chicken tenderloin fritter products because of the undeclared allergen soy and misbranding.

Manufacturers and distributors are liable for damages resulting from placing defective products into the marketplace. Of course, consumers need to be vigilant, but there are so many recalls daily that it is difficult to keep up.

Harm is compensable under Massachusetts law. If you or a family member has been injured from a defective product or food, consult with an experienced products liability lawyer to determine a course of action to protect your rights.