Articles Tagged with manufacturing defect

Products are recalled almost daily in the U.S. If you visit the Consumer Product Safety Commission website you can read their weekly updates of recalled items. Many of them are products for children.

U.S. toymakers follow the safety rules and regulations laid out in the ASTM F963 Standard Consumer Safety Specification for Toy Safety. Therefore, if you buy your toys from a reputable place and a reputable toymaker, it is likely that the toy is following these safety guidelines. And because of these guidelines, toys and other baby or child products (including clothes, strollers, etc.) are often preemptively and voluntarily recalled as soon as a potential problem emerges. 

However, some toys that may be safe for older children are not safe for younger children. And some toys, especially knock-offs of popular brand-name toys, may not meet safety standards. Dangers can include lead or toxic paint, small pieces that break off, electric or battery malfunctions, and toys that are excessively loud. 

Essure birth control implants and 3M Earplugs are two recent high-profile product liability cases in which tens of thousands of users who were injured sued for damages. In both these cases, the sheer volume of lawsuits would swamp the courts if taken individually, thus they are class-action lawsuits. 

Essure’s manufacturer, Bayer Healthcare, received nearly 40,000 lawsuits for its permanent birth control device by 2019 when it was pulled from the market. Bayer has recently settled a portion of these lawsuits with a $1.6 billion settlement. 

3M Company has received nearly 250,000 claims against its Combat Arms earplugs, which were standard issue to our servicemen and women between 2004 and 2015 but were ineffective as ear protection. New claims are constantly being filed, which have been consolidated into a multi-district lawsuit (MDL) before a U.S. District Judge in Florida in preparation for trial next year.

Contact Information