Articles Posted in Defective Products

As you might have heard, Johnson & Johnson has been facing many lawsuits in both state and federal courts related to its recall of faulty DePuy hip implants. DePuy Orthopedics is a Johnson & Johnson company. Just last week, it looks like Johnson & Johnson reached a $4 billion (or more) settlement, according to an article in Bloomberg. This news arrives less than a year after Johnson & Johnson lost its first case in Southern California. Last March, a jury in Los Angeles awarded a Montana victim more than $8.3 million in damages connected to his injuries from the DePuy hip implant. And the March verdict wasn’t the only DePuy payout in California. Indeed, DePuy Orthopedics reached a settlement just last month with Robert Ottman, a plaintiff whose lawsuit was scheduled for trial in San Francisco in the Superior Court of California. In short, product defects can lead to large payouts.

And as you can see, Johnson & Johnson hasn’t been winning its hip implant cases in California. The recent $4 billion settlement suggests that other victims of the faulty DePuy hip implant also may be eligible for compensation. If you’re a consumer and you’ve been injured by a defective product, it’s important to contact an experienced product liability lawyer as soon as possible. In California, you’ll have to file your claim without a certain amount of time in order to be eligible for damages. At the Walton Law Firm, we have years of experience handling product liability claims and can speak to you about your case today.

A Brief History of the DePuy ASR Hip Replacement

A California products liability case against the manufacturer of a popular hair product came to a close in a settlement with the California Attorney General’s office this week. GIB, LLC is a California-based company that manufactures Brazilian Blowout, a hair salon product that straightens and smoothes otherwise curly hair. According to report in Fox News, Brazilian Blowout has been one of the top choices for many women seeking to straighten their hair quickly and efficiently, without the long process of daily straightening with a flat iron or hair dryer. The Brazilian Blowout solution is applied and, when combined with heat, smoothes and straightens the hair.

Unfortunately, San Diego injury lawyer has learned that the Attorney General’s case has exposed some major health concerns with the product. In particular, because of the chemical formaldehyde contained in Brazilian Blowout, there is a possibility of a carcinogenic effect, which essentially means that the product has the potential to cause cancer. This risk applies to both the person receiving the hair treatment and the hair stylist administering it. It is therefore very important to ensure that consumers have all the facts before they decide whether or not to use it. Formaldehyde emits a gas, which can also cause irritation of the skin, eyes, and lungs.

Among the allegations lodged against GBI by the state was a claim of deceptive advertising stemming from the fact that GBI had labeled its products as “formaldehyde-free” when certain formulations of Brazilian Blowout, in fact, did contain the chemical. As part of their consumer safety lawsuit settlement, GBI has agreed to remove the false claims that the product is formaldehyde-free from the labels and to add a warning regarding the possible cancer-causing effects. In addition to the label changes, GBI will pay $600,000 in civil money penalties for failing to properly warn consumers of the risks of irritation and cancer and for not having the products properly tested prior to marketing them in the United States. Brazilian Blowout had previously been sold in Brazil where labeling requirements are likely different than those imposed in the U.S. The company will also provide literature to salons that use Brazilian Blowout in order to educate them as to all the risks and how to protect against them.

It’s January, and many of us are hard at work making changes in our lives to kick off the new year. Of course, one of the time-tests favorite resolutions is to improve physical fitness and get in shape. Many different methods are often employed to lose weight and get fit. The most popular options are almost always those that seem both fun and easy. For example, one supposedly easy way to get in shape that has captured public attention over the last few years is a new kind of shoes called Shape-Ups. Shape-Ups are manufactured by Skechers. They are claimed to boast a revolutionary new design that works muscles all over the lower body, helping wearers tone up and get a real workout just by walking around.

However, a San Diego personal injury law firm has filed a class action lawsuit on behalf of 37 people who claim that they were injured as a result of wearing the shoes. The types of injuries suffered vary, with some plaintiffs complaining of twisted or sprained ankles and torn ligaments, while others have suffered falls and broken hips while wearing the shoes. The design of the shoe differs from regular athletic shoes in that rather than being relatively flat on the bottom it has a bulging base that rolls the foot as the wearer walks.

The plaintiffs are alleging fraud, negligence, and other claims against Skechers. According to ABC 10 News out of San Diego, although the company did not comment on this lawsuit specifically, Skechers did previously release a statement in which the company said, “Millions of people wear Shape-Ups without experiencing (serious injuries).” However, according to the California personal injury lawyer who is representing the class of plaintiffs, there has been no indication thus far that Skechers conducted safety testing of the shoes prior to their release on the market.

San Diego surfing injuries occur with some frequency because of the large numbers of people who flock to the beach whenever there is a good opportunity to catch a few waves. Most of them will tell you that when it comes to riding a wave, “bigger is always better.” However, the higher the waves, the greater the chance of injury to the surfer. Common surfer injuries include back and neck injuries suffered as a result of “wiping out” and colliding with the ocean floor, muscle strains from the physical exertion of surfing, and minor cuts and bruises, which are usually caused by either the sharper ends of a surfboard or being carried forcefully along the ocean floor by waves and currents.

Although surfboard injuries can involve lacerations, including those caused by the sharp edges of a surfboard, these lacerations are typically not severe enough to cause long-term or permanent damage. However, according to an L.A. Times article, that was allegedly not the case for a surfer by the name of Tom Gregg. Mr. Gregg recently filed a California products liability lawsuit against Channel Islands Surfboards, a company that manufactures and markets surfboards. The lawsuit alleges that a Channel Islands surfboard caused a laceration to Gregg’s leg that was so severe it cut through several layers of tissue and muscle and resulted in permanent muscle damage.

In a California products liability lawsuit such as this one, where the allegations point to a defect in design, the plaintiff must prove that the product’s manufacturer designed the product in such a way that it would be unreasonably dangerous when used in reasonably foreseeable ways. In Gregg’s case, his use of the surfboard was obviously foreseeable since he was using it as intended by the manufacturer, so the major question in his case will be whether the design of the surfboard, with its sharp edges, will be found to be unreasonably dangerous. Channel Islands will no doubt try to point to the fact that common surfing injuries do include lacerations from the sharp edges of surfboards, but Gregg will emphasize the unusual severity of his injury and the fact that the cut to his leg was so deep that it caused permanent damage to his muscles.