Product Liability Law Blog

The National Football League and Riddell are once again the defendants in more civil lawsuits filed by former professional football players blaming them for their brain injuries. In one wrongful death case, the family of former Chicago Bears player Dave Duerson is claiming the NFL and the football helmet maker are to blame for the 50-year-old's suicide. Duerson fatally shot himself in the chest last year.

Duerson's children are saying that the league acted negligently when they did not warn him that concussions sustained during play may cause permanent injury. They say that their father suffered at least 10 concussions while a member of the NFL and that the brain damage impaired his inhibition, judgment, and impulse control. His family is blaming Riddell for Illinois products liability, contending that the helmets failed to properly protect the football players from concussions.

In a Louisiana personal injury lawsuit, nearly a dozen former NFL players residing in that state are also suing the NFL and Riddell for failing to properly protect players from the risks related to concussions. In their class action complaint, the plaintiffs, including a number of ex-New Orleans Saints, are contending that they each sustained physical and mental problems because they suffered concussions while playing professional football games.

They blame the NFL for disregarding the concussion-related risks even though there was "overwhelming medical evidence" that this type of injury could lead to permanent brain damage and other serious side effects, including memory problems, concentration difficulties, headaches, speech problems, neurological difficulties, and other disabilities.

Also this month, 300 former NFL players sued the NFL, their teams, and, in certain cases, Riddell, for their traumatic brain injuries.

If you believe that your brain injury could have been prevented if only a product manufacturer or another party hadn't been negligent or failed to do its job, you should speak with an experienced products liability lawyer today. A seemingly mild concussion may later reveal serious, long-term repercussions, as can repeat concussions, which is not uncommon when playing football at the professional level. Unfortunately, a football player whose concussion symptoms end up going away after a few minutes might end up playing again during the same game or, after taking time off to recover, be given the go ahead to play even though he isn't fully healed. Both of these situations can up the chances of more serious, permanent injury developing.

It wasn't until the last couple years that the NFL started to taking the long-term effects of concussions seriously. Why did they wait so long considering that for decades there have been studies connecting cognitive erosion with concussions? Also, why didn't Riddell make sure that the helmets it was making were strong enough to protect football players' heads upon impact?

Duerson's Son Sues N.F.L. Over Handling of Concussions, The New York Times, February 23, 2012

Tony Dorsett joins former players in lawsuit against the NFL, WFAA, February 2, 2012

Ex-NFL players sue league in La. over concussions, Denver Post, February 18, 2012

More Blog Posts:
Ex-Pro Football Players Sue Helmet Maker Riddell and NFL for Traumatic Brain Injuries and Products Liability, Product Liability Law Blog, August 31, 2011

Will Your Helmet Prevent a Traumatic Brain Injury During a Winter Sports Accident?, Product Liability Law Blog, August 31, 2012

Head Injury Risk Prompts Triple Eight Distribution to Recall 30,400 Bicycle Helmets for Kids, Product Liability Law Blog, January 6, 2012

Continue reading "Riddell and NFL Sued by More Former Football Players for Concussion-Linked Brain Injuries" »

The Consumer Product Safety Commission and Target are recalling about 350,000 woven storage trunks after a toddler sustained a traumatic brain injury when the trunk lid fell on the back of her neck, pinning her throat against the trunk rim. The 18-month old's parents have filed a products liability lawsuit against Target.

Eric and Laura Surman say that when the wicker trunk's lid landed on their daughter's neck, it cut off her oxygen supply. According to couple's products liability lawyers, the little girl cannot eat without assistance, requires the use of a feeding tube, cannot see properly, cannot speak, and is unable to move her legs or arms.

The couple's injuries to a child lawsuit claims that Target marketed the trunk as appropriate for storing toys even though the units do not meet industry standards or CPSC recommendations for toy boxes, which require a hinge or support that prevents toy box lids from accidentally shutting. Their products liability complaint contends that the trunk should have come with a failure to warn that the boxes lacked the appropriate safety mechanism, as required by a chest used for storing toys.

Consumers are urged to stop using the storage trunks and bring them back to a Target store for a replacement or a refund. 14 different models of trunks made of abaca, woven rattan, or banana life are involved in the recall. There have been two other reports of kids who were injured when their trunks lids also closed on them.

Target's woven storage trunks are considered a strangulation hazard.

Dangers involving containers with lids used to store toys:

• According to the CPSC, at least 45 children have died because the lids of containers used to store toys fell on their necks or heads
• At least three incidents resulted in permanent TBI's
• Child injuries and deaths have also resulted from storage boxes used to hold blankets, shoes, decorate cubes, and other items

Children risk injury when they use the chest to pull themselves up. Without the proper safety mechanism in place, this can cause the lid to fall on a child, striking the head or trapping the neck against the edge of the chest or box. If the lid falls while the child is inside the chest, he/she she may become trapped while risking suffocation.

Injured Cranberry Girl's Parents Sue Target Over Toy Box, ThePittsburghChannel, March 8, 2010

Target Recalls Storage Trunks Due to Strangulation Hazard, CPSC, May 20, 2010

Related Web Resources:
CPSC Warns Consumers of Dangers With Toy Chest Lids, CPSC.gov

Toy Safety, National Network for Child Care

Continue reading "Target Recalls 350,000 Woven Storage Trunks After Toddler Sustains Traumatic Brain Injury During Strangulation Accident" »

Ford Motor Co. and a woman who was paralyzed in a 2005 SUV accident involving a defective rear seat latch have reached a confidential auto products liability settlement. The agreement came just after a civil jury awarded Lynn Wheeler $16,444,761 in compensatory damages against Ford and as jury members were getting ready to impose punitive damages.

Wheeler sustained catastrophic spinal cord injuries during a seatback collapse when a car driven by John C. Stanley struck the 2002 Ford Explorer she was a passenger. Wheeler, who was riding in the middle of the backseat of the SUV in between two of her grandchildren, was propelled forward into the vehicle's center console and the back of the front seat. Meantime, the back seat collapsed over her after the rear seat latch broke.

Her Georgia auto products liability lawsuit accused Ford of designing a rear seat latch that was defective, disregarding safety test results showing that the center lap seat belt wasn't safe, and, as a cost cutting measure, waiting to install a shoulder restraint for the SUV's middle seat. A law passed in 2002, but which didn't go into effect until 2007, now prevents car manufacturers from making vehicles with lap-only seat belts for the rear middle seat.

Wheeler, who is now a quadriplegic, has to use a ventilator and is a confined to a wheelchair. She has three children, nine grandchildren, and has been married to her husband for over 40 years.

The civil jury also held driver John C. Stanley, who was 19 at the time of the head-on crash, liable for $1,271,640 in damages.

Seat Back Defects
Defective seat backs can prove catastrophic for passengers in the event that the seat collapses during an auto accident. Common seat back injuries include spinal cord injuries, which can occur when the rear seat collapses forward and crushes passengers while pushing them into the back of the front seats, and chest and head injuries, which are more likely to occur when the front seat collapses backwards. Children, including those seated in child safety seats, are especially at risk of sustaining fatal injuries during a car crash where a seatback collapse is involved.

Clayton jury returns $17 million verdict, MyCountryPaper, December 26, 2009

Seat failures and occupant restraints, SafetyForum

Related Web Resources:
Ford Motor Co.

NHTSA

More needs to be done to prove child safety when it comes to seat belts—especially as not all US states require that kids ages 4-8 use booster seats. Unfortunately most seat belts are unable to properly fit over the bodies of many children to ensure maximum protection, which can result in catastrophic seat belt-related injuries, known as seat belt syndrome, during a car accident.

Just last year, one 7-year-old's life changed forever when she sustained seat belt-related injuries during a catastrophic Minnesota car accident. Brynn Duncan was wearing a seat belt, but she had pulled the shoulder belt over her back so it wouldn't sit on her face. The lap belt she was using fell over her stomach. When the vehicle Brynn was riding in crashed, she sustained a crushing spinal cord injury, bowel and kidney damage, and a bruised heart.

Doctors had to remove her kidney, appendix, and gallbladder. Brynn suffered from infection and depression and sustained permanent injuries. She now requires the use of her wheelchair.

Seat belt syndrome is not uncommon and while US states that don't require kids, ages 4-8, to use booster seats should consider whether to revise their laws (which many parents turn to for guidance), there is a lot more that auto manufacturers and seat belt designers can do to make sure that kids and adults are properly protected when wearing seat belts and that these safety devices do not cause serious injury.

Injuries linked to seat belt syndrome include liver injuries, abdominal organ injuries, bowel injuries, chest trauma, blood vessel injuries, sternum injuries, spinal cord injuries, and death. Seat belt injuries that occur because the safety device was designed poorly or because the seat belt malfunctioned can be grounds for the injured party and his or her family to file a defective seat belt lawsuit.

Recently, automaker Ford announced its latest development in seat belt technology: inflatable seat belts. Designed to improve rear-seat passenger protection, especially for kids, the belts contain airbags that are supposed to inflate during certain kinds of auto collisions. Hopefully the new belts can provide the added protection kids and adults need during an auto collision.

Ford Says Inflatable Seat Belt Could Reduce Crash Injuries, Wall Street Journal, November 9, 2009

AAA Minnesota/Iowa & Safe Kids Minnesota Support Enhanced Child Restraint Legislation "The Brynn Duncan Law", Reuters, January 6, 2009

Brynn Duncan's condition worsens, surgery needed, Daily Journal, September 10, 2008

Related Web Resources:
Seat belt syndrome, Wrong Diagnosis

Child restraint laws, Insurance Institute for Highway Safety

Continue reading "Seat Belt Syndrome: Child Safety Continues to Take a Back Seat" »

According to EMS Magazine, some 475,000 US kids in the 14 and under age group suffer from traumatic brain injuries. While 90% of TBI kid patients are seen in emergency rooms and then released, there are still over 47,000 patients a year who end up hospitalized because of a TBI.

Fall accidents, car accidents, and incidents involving the victim getting hit by or struck against a hard object continue to be the most common causes of traumatic brain injuries in the US. 2,685 children die each year because of TBIs while more than 30,000 kids with TBIs will sustain permanent disabilities.

Our injuries to children and minors lawyers represent the families of babies, toddlers, young children, adolescents, and teenagers who were seriously injured in personal injury accidents. Many of our injuries to minors cases involve children who were injured or killed because of a defective product. Gilbert & Ollanik, PC is one of the most recognized products liability law firms in the US.

Traumatic brain injuries—whether sustained in a car crash, from a drowning accident, in a fall accident at the playground, because the child car safety seat or seatbelt restraint system was defective, during a suffocation accident that occurred because a crib was defectively designed, or from a choking accident that happened because a child swallowed a defective toy part—can drastically alter the life of the child victim and his or her family forever.

A TBI can result in impaired vision, hearing problems, speech difficulties, muscle spasticity, seizures, paralysis, memory deficiencies, communication problems, impaired writing and reading abilities, impaired judgment, mood swings, anxiety, agitation, depression, and problems relating to others.

A TBI's degree of severity will determine the problems that can result from this type of head injury. In many instances, a child with a TBI will need special services to cope with living with a traumatic brain injury, and the ongoing therapy and medical help can become very costly. There are also other damages that a TBI victim can suffer, including loss of the ability to live a normal life, loss of independence, or the inability to enjoy the normal activities that most kids without a traumatic brain injury get to experience.

If your child's TBI occurred because a product manufacturer, a premise owner, a car driver, a trucker, a motorcyclist, or another party was negligent or careless, your son or daughter may be entitled to personal injury recovery.

Severe Pediatric Traumatic Brain Injury, EMS Responder

Traumatic Brain Injury, Kidsource.com

Related Web Resources:
Traumatic Brain Injury Information Page, National Institute of Neurological Disorders and Stroke

National Center for Injury Prevention and Control

Denver's Craig Hospital, a nationally known and respected hospital, now caring for spinal cord and brain- injured patients, was founded by Frank Craig in Lakewood, CO in 1907 for the treatment of indigent men with tuberculosis. Its initial name was "Tent Colony of Brotherly Love." In 1909, the name was changed to Craig Colony in memory of its founder.

In 1955, with the decline of tuberculosis, the facility started treating multiple sclerosis, muscular dystrophy, polio and spinal cord injuries. Within two years, with a new medical director, Dr. John Young, Craig began shifting its focus exclusively to spinal cord and brain injuries. Craig officially became known as "Craig Rehabilitation Center." In 1966, the name became "Craig Rehabilitation Hospital" Dr. Young is considered the founder of modern Craig.

In 1969, Craig moved from Lakewood to Denver and built an 80-bed rehabilitation hospital on the ground of Swedish Hospital. The two were connected by a tunnel. By 1970, Craig began an in-house neurosurgical program.

1974 saw the opening of a shared Neurotrauma Unit at Swedish Hospital, designed by Dr. Harry R. Hahn. It was one of the first models of its kind. Finally, in 1975, Craig became "Craig Hospital."

The Traumatic Injury Team was created distinct from the Spinal Cord Injury Teams under the direction of Dr. Hahn ad was soon thereafter intensely developed by Dr. Mark Cilo. In 1978, "Pete" Peterson, M.D. published a leading text, "The Management of High Quadriplegia" in 1989.

In 1980, Craig Hospital staff was instrumental in the creation and early development of the Colorado Head Injury Foundation, now known as the Brain Injury Association of Colorado. In 1983, Craig expanded by 63,000 square feet, which included a large gymnasium, an outpatient clinic, a media studio, therapy areas and department offices.

In 1989, U.S. News and World Report began ranking hospitals. Craig was ranked in the top 10 rehabilitation hospitals in the U.S. Craig physicians and staff are widely sought after for presentations and publications, averaging 75 professional presentations a year and publishing 20-25 articles and book chapter per year.

Craig has received numerous prestigious awards over the years for its outstanding medical and support staff and excellent facilities.

Continue reading "Craig Hospital in Colorado One of the Very Best" »

Despite the massive product recalls in the past few years due to high levels of lead in certain consumer products, as well as the fact that the toxic ingredient has been banned from household paint for over 30 years, lead poisoning continues to be a health hazard—especially for young children. Lead is more dangerous for young kids, who absorb lead more easily into their bodies. Because their brains are more sensitive to lead than the adult brain, young children are more at risk of sustaining some of the serious injuries that can result from lead poisoning.

Just last week, a Mississippi family was awarded $7 million on behalf of a teenager that continues to experience developmental difficulties following exposure to toxic lead-based paint. Trellvion Gaines's family claims that he inhaled lead paint dust and chips while staying at his grandmother's home.

The residence was painted in the early 1970's using Sherwin-Williams paint. After the lead paint was banned, Gaines's family claims that they followed the directions provided by the paint maker to remove the old paint and replace it with safer paint. They contend, however, that the toxic paint chips and dust was created when they sanded and scraped the old paint (per the paint manufacturer's directions).

Gaines, who is in his late teens, now has learning disabilities and his reading abilities are equivialent to that of a second grader. Ingesting paint has been known to increase lead blood levels and cause lead poisoning, which has been linked to cognitive and developmental problems in kids, as well as other catastrophic complications, such as traumatic brain injuries, injuries to the nervous system, mental retardation, growth retardation, coma, and death.

Also this month, another family agreed to settle their New York lead poisoning lawsuit for $1.6 million. The Utica family claimed that four siblings were injured after they were exposed to lead paint chips in two different homes.

Rankeem Gilmore, 17, Tashawn Gilmore, 18, Delqwon Gilmore, 20, and Shaquanda Gilmore, 21, will divide the settlement that two landlords will pay them. Although lead paint can no longer be used to paint homes and other buildings, the toxic paint is still be found in many older homes in the US.

Products Liability Lawsuits
Product manufacturers are supposed to make sure that their toys, paint, and other products do not contain levels of lead that are dangerous enough to cause serious injury to people. Unfortunately, this is not always the case.

Examples of products that may contain toxic levels of lead:

• Paint
• Drinking water
• Painted furniture
• Painted toys

Utica family awarded more than $1 million for lead exposure, UticaOD.com, June 13, 2009

Mississippi jury rules against Sherwin-Williams in lead paint contamination lawsuit, Newsday, June 30, 2009

Related Web Resources:
Lead Poisoning, Mayo Clinic

Toys and Lead, CDC

Consumer Products Safety Commission

Investigators are inspecting all of the signaling circuits in the Metro system following Monday's devastating DC train crash that injured 80 people and killed 9. The 740-foot-long circuit is a key part of the automated control system for the Metro trains, and yesterday, "anomalies" were discovered when the circuit malfunctioned while undergoing tested.

Metro's train protection system consists of these circuits, which are located on the track. Whenever a train crosses a circuit, the signals are supposed to be transmitted to following trains. The signals, if working correctly, should automatically adjust a train's speed so it doesn't hit the train that is ahead of it. In the event that a train enters the two-block buffer zone, the computers are supposed to activate the train's brakes. The train that crashed into a second train during rush hour on Monday was run by computers.

The National Transportation Safety Board's Debbie Hersman says that the NTSB is concerned that the train that smashed into the second train was a 1000-series train—the oldest in the Metro fleet. A few years ago, the NTSB recommended that these trains be replaced because of questions as to whether they could safely withstand a train crash.

These cars have been known to fold into themselves during train accidents. The lead car belonging to the striking train that caused Monday's devastating collision was compressed by 2/3rds.

Already, the first personal injury lawsuit from this week's DC train collision has been filed. The parents of 15-year-old Davonne Flanagan are accusing the District of "negligent maintenance" and "negligent operation." Davonne, who was in the first car of the striking train, fractured his leg. His parents are seeking $950,000.

Train Defects
Train crashes often result in serious injuries and deaths for passengers—especially during rush hour when trains are packed with people. While human error, such as poor maintenance or negligence on the train operator's part, have been known to cause many catastrophic train crashes, there are train collisions that occur because part of the train malfunctioned, the brakes were fault, the railroad track had a defect, or a signal failed to work correctly.

Metro Reviewing All Train Signaling Circuits in Wake of Accident, Washington Post, June 25, 2009

Suit against Metro alleges negligence, WTOP, June 25, 2009

Washington Metro crash probe eyes speed circuits, AFP, June 25, 2009

NTSB: Train in crash was recommended for phaseout, AP/Yahoo, June 23, 2009

Related Web Resources:
Washington Metropolitan Area Transit Authority

National Transportation Safety Board

Continue reading "DC Train Crash: Did Aging, Poorly Designed Cars, Circuit Anomalies, or Other Possible Defects Cause the Deadliest Crash in Metro History?" »