Product Liability

Baby Formula Lawsuits – Enfamil and NEC

Published on: March 2, 2022 | Anthony Quackenbush, Esq.

There have been a growing number of lawsuits around the country against makers of infant formula based on bovine milk (cow’s milk), in particular Mead Johnson, the makers of Enfamil. Bovine-based formulas have been shown to significantly increase the risk of necrotizing enterocolitis (NEC), a potentially deadly condition. Conversely, infant formulas based on human milk show a significant reduction in the risk of NEC.

What is NEC? What babies are susceptible?

NEC is a bacterial infection of the intestine that can cause symptoms ranging from mild to severe, and tragically, sometimes deadly. These symptoms can include diarrhea or constipation, vomiting, distended stomach, difficulty eating or gaining weight, sleep apnea, lethargy, and shock.

Mass Tort Lawsuit: What It Is and How We Can Help

Published on: February 28, 2022 | Anthony Quackenbush, Esq.

The term “mass tort” defines a specific type of civil lawsuit in which a “tort,” a wrongful act that causes injury, has affected masses of people. Class action lawsuits also involve many people; however, mass tort differs from a class-action lawsuit in a number of specific ways. In our Fort Lauderdale office, we can help you understand what it means to participate in a mass tort lawsuit given your injury.

Difference between Class Action and Mass Tort lawsuits

A class-action lawsuit involves a large number of individuals who have experienced similar harm from a product or event and for whom fair compensation is not large enough to justify separate cases. A class-action lawsuit is a single suit with many plaintiffs who will share in the distribution of any settlement or awards. One law firm represents all injured parties and argues for them as one entity. For instance, in 2017, Visa and Mastercard settled a lawsuit for overcharging fees to retailers. They settled for $7.5 billion, with each retailer receiving a small portion of the settlement due to the sheer number of plaintiffs. Many other class-action lawsuits have been filed for defective products and wrongful acts due to corporate negligence.

Handgun Misfires and Lawsuits

Published on: January 13, 2022 | Anthony Quackenbush, Esq.

Alec Baldwin’s accidental shooting of cinematographer Halyna Hutchins on the set of a Western movie he was filming highlights the dangers of mishandling a gun and the problem with defects in deadly weapons. Accidental injury and death from firearms are sadly fairly common and can be attributed to human error, product defect, or both.

Product defect

A number of guns have histories of malfunction. For instance, the Sig Sauer P320 handgun can accidentally discharge when bumped or dropped or when an object touches it in a certain way. They have even gone off when holstered. A Philadelphia SEPTA police officer’s holstered gun went off on a crowded train, narrowly missing injuring riders. Several soldiers have had their holstered firearms go off, injuring them in their legs. The P320 is also known to fire if it is dropped and lands at a certain angle. Numerous other lawsuits of this type have been filed against Sig Sauer.

How Product Recalls Work and Why You Need to Be Vigilant

Published on: November 23, 2021 | Anthony Quackenbush, Esq.

Product recalls occur when a manufacturer, government entity, or consumer watchdog group discovers a defect or potential defect in a product or food, leading to a request that consumers return the product (or sometimes, in the case of food, discard it). Depending on the item being recalled, consumers may receive a refund, replacement, or repair. The Consumer Public Safety Commission (CPSC) is one of the regulatory bodies that oversee product safety, but it is not the only one. The Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA) also regulate safety standards for food and pharmaceutical products.

Automobile and auto parts recalls

One of the biggest recalls in recent years was the 2019-2020 recall of Takata airbags, which were discovered to be at risk of explosion when exposed to high heat and humidity. This is a very scary and dangerous malfunction!

Benzene Exposure in Sunscreen: Know Your Rights

Published on: September 1, 2021 | Anthony Quackenbush, Esq.

Here in Florida, the Sunshine State, people use a lot of sunscreen. We are told that it protects us from the harmful rays of the sun, but recent research suggests that the sunscreen itself might be harming us. This summer the FDA has announced that it will be closely studying the negative effects of sunscreen. In early 2021, an independent pharmaceutical testing lab, Valisure, tested 294 batches of sunscreen and other sun products and found that 78 of the batches contained benzene. The FDA is now investigating the presence of additional carcinogens.

What is benzene?

Benzene is a known carcinogen that causes cells to malfunction in ways that can cause immunity issues, and long-term exposure to it has been linked to leukemia. It is produced naturally in crude oil and gasoline, forest fires and volcanic eruptions, and cigarette smoke. It is also used extensively in the manufacturing of plastics and synthetics and is found in lubricants, dyes, detergents, drugs, and pesticides. Research into benzene several decades ago led the federal government in 1987 to limit benzene exposure in the workplace, adopting standards 50 times lower than previous standards. But some medical experts believe the exposure limits are still too high.

Personal Injury at Home

Published on: May 3, 2021 | Anthony Quackenbush, Esq.

As with any other personal injury lawsuit here in Florida, when you are injured in your own home or on your own property, you must be able to demonstrate negligence on the part of a third party to receive compensation. For instance, if you slip and fall in your own kitchen because of your wet tile floor that has been properly installed, you cannot file a claim against your homeowner’s insurance or the installer of the floor for compensation because you are the negligent party. However, that does not mean that all injuries on your property are your fault.

Product Injuries

Product injuries happen every day in the United States, and sometimes those injuries are serious. Power tools, lawnmowers, baby cribs, electronic devices, large appliances, and kitchen equipment are common items that cause injuries. Other injuries may be caused by defective chemical products, such as cleaning agents or hygiene items.