Archive for the ‘ Defective Product ’ Category

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16
Jan

Bloomington Winery Files Defective Product Lawsuit against Can Manufacturer

Jan. 16, 2013

A Bloomington-based winery has filed an Indiana Defective Product lawsuit against packaging company Ball Metal Container, after finding the containers produced by the company did not perform as they were supposed to. According to an article from WBIW News, the lawsuit alleges breach of contract and negligence.

In Nov. 2011, Oliver Wine Company began to look into expanding its line of Beanblossom Cider, and contacted Ball as a potential supplier of the aluminum cans needed to package the product. Ball asked that the winery send them a sample of each cider so they could be tested for compatibility with the cans.

After receiving confirmation from Ball that Oliver’s products would work with the packaging, Oliver Wine Company placed an order for 1.3 million cans and began packaging the Beanblossom Ciders. However, shortly after shipping several orders out, reports of an odor when the cans were opened began to roll in.

Further testing confirmed that a chemical reaction between the cider and the copper pitting in the cans was producing hydrogen sulfide. The lawsuit claims that Ball changed its stance on the compatibility of the products after learning of the problem.

The Indianapolis Personal Injury Lawyers with Stewart and Stewart Injury Lawyers are hopeful that a decision in the case will bring a sense of closure to the incident for the two businesses and will create safer products for all citizens.

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2
Jan

Butter Flavoring Chemical to Be Removed from Products Due To Health Risks

Jan. 2, 2013

Sensient Flavorings, LLC, an Indianapolis-based company that creates food flavorings, has agreed to reduce the amount of a chemical used make popcorn taste buttery to settle disputes with workers and the Indiana Occupational Safety and Health Administration (IOSHA).

KOAA News reports that the dispute stems from an inspection by IOSHA conducted in 2008 that found an unhealthy amount of a chemical known as Diacetyl in the manufacturing of products. Two years later, the National Institute for Occupational Safety and Health reported that workers in Sensient’s facilities had abnormal lung function at a higher rate than the average population of the United States.

The chemical Diacetyl has been linked to the onset of a deadly disease developed by factory workers referred to as “Popcorn Lung.” In response, Sensient Flavorings has agreed to immediately reduce the use of the chemical by 20 percent, and to completely eliminate its use by the end of the year where it can.

The Indiana Personal Injury Lawyers with Stewart and Stewart Injury Lawyers recognize the fact that some workers are exposed to harmful chemicals in the workplace, regardless of standards requiring employees to have a safe work environment. If you have been harmed by toxic exposure to a while at work, it’s important to discuss your legal options with an Indianapolis Workers’ Comp Attorney.

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6
Jun

Sketchers To Pay $40 Million To Customers Who Bought Shape-Up Shoes

In response to claims that the shoe company, Sketchers, misled consumers who purchased their line of “Shape-Up” sneakers, the manufacturer has agreed to pay approximately $40 million in damages to consumers that purchased the shoes. Additionally, the company states that it will accommodate those that no longer have a proof of purchase for their shoes.

According to the LA Times, customers who purchased the shoes are being asked to fill out a questionnaire on the company’s website with details about the purchase. Those filing for a refund will then sign documents stating that their statement is truthful, and a part of the purchase price of the shoes will be returned with no questions asked.

Consumer advocacy groups point out that the payout is just a small fraction of the profits that the company made on the shoes. Estimates show that Sketchers made more than $1 billion in sales in 2010 alone. Due to this fact, it is unclear whether or not the settlement will act as a deterrent to false advertising by big businesses.

A spokesman for Sketchers argued that $40 million is significantly more than the $25 million that Reebok, another shoe manufacturer, was forced to pay several years ago after facing similar claims.

The Indiana Personal Injury Lawyers with Stewart and Stewart Injury Lawyers would encourage anyone who has been affected by a defective product to discuss your case with an experienced attorney.

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4
Jan

Are Playgrounds Too Dangerous Or Too Boring?

January 4, 2012

While playgrounds for kids today may be designed with a child’s safety as the first priority, new research shows that these “play safe” designs may be leading to a generation of bored, inactive kids. According to an article released today by WTHR 13 News, research from a study done at the Cincinnati Children’s Hospital Medical Center shows there is a desperate need to balance safety concerns with vigorous and stimulating play.

Data was collected from more than 100 childcare providers and focus groups in different areas and income levels surrounding the city over several years. Three main problems were determined to be contributing to blocking children from getting the exercise they need:

  1. State licensing codes and financial constraints that restrict equipment choices
  2. Injury concerns
  3. Pressure to put classroom learning as a priority above playtime

Researchers added that children are proven to concentrate and learn better after brief periods of vigorous activity.

Opponents to the findings say that researchers failed to take into consideration the number and types of injuries that can occur on the playground. Angela Mickalide, director of research and programs for Safe Kids Worldwide, said that nearly 220,000 children visited Emergency Room facilities in 2009 with playground equipment-related injuries. The most dangerous equipment seemed to be older slides with steep grades and climbers between 8 and 10 feet high.

The Indiana personal injury attorneys with Stewart and Stewart Injury Lawyers would like to know what you think about this debate. Do kids need a heightened challenge during playtime or are playgrounds dangerous enough already? Tell us what you think by posting to our Facebook page.

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16
Nov

New Study Finds Xarelto Could Save Heart Attack Survivors

November 16, 2011

A new blood thinning drug, Xarelto, is said to improve a heart attack patient’s chances of suffering from another heart related problem and could prevent death. According to Channel 13 News, the drug could become the gold standard of treatment for millions of Americans who suffer form heart-related conditions each year, despite the drug being known to cause severe bleeding.

A large scale study of more than 15,000 patients around the world found that users of the drug, which is manufactured by Johnson & Johnson, who had suffered heart attacks or had severe chest pain caused by a heart related problem were less likely to suffer or die from another heart related event if they took the drug in combination with standard anti-clotting medications. The results were reported Sunday at the American Heart Association conference.

They were met with serious concerns by some who saw the presentation because of the drug’s connection with bleeding that can potentially cause death. Other side effects include numbness and tingling in the limbs, vomiting and/or coughing blood, blood in urine or feces, headaches, swelling, and fluid buildup. Doctors also say the risk of stroke goes up in patients once they stop taking the drug.

The Indiana Drug Injury Lawyers at Stewart and Stewart suggest contacting an attorney immediately if you experience any problems while taking any medication. Their experienced team can be reached simply by filling out a free online consultation form.

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