California Injury Attorney Blog

As consumer and injury lawyers, we have been at the forefront of protecting consumers, including children and infants. Just before the Christmas holiday, a number of national retailers joined Wal-Mart Stores, Inc. in removing a specific batch of Enfamil Newborn formula from shelves and distribution centers.

The reason? A newborn baby in Missouri died after consuming the formula from lot number ZP1K7G which was purchased by the baby's parents at their local Wal-Mart in Lebanon, Missouri.

The infant contracted and died from what medical professionals have determined to be a rare bacterial infection. The manufacturer of the formula Mead Johnson Nutrition Co., is reported to have tested the formula prior to shipment, but no bacteria was found. Additional tests are being performed by the manufacturer which has not recalled the product.

Now several other companies have determined that this particular lot of Enfamil Newborn should be removed from their store shelves as a precaution. Walgreen Co. and Supervalu Inc. are among the stores that have decided to take this step. These retailers operate such well known retail stores as Shaw's in New England, Shop 'n Save in St. Louis and Acme in New Jersey and Philadelphia.

Like other families that we have represented, we can only imagine the horrific sorrow that the parents of the infant are experiencing now and our hearts go out to them. The physicians involved in this medical tragedy have determined that the baby passed away from a bacterial infection that is called Cronobacter sakazakii. This bacteria is known to found in such plants as wheat and rice. It also can live in dried milks and powdered formulas which many consumers might assume would not harbor a potentially deadly bacteria.

Various federal agencies are now involved in investigating the situation. Specifically, the Food and Drug Administration, the Centers for Disease Control, as well as the Missouri Department of Health are trying to determine what happened in this case. They have various testing protocols now underway using not only the specific formula given to the infant by his mourning parents, but other related formulas, such as those sold as a liquid as well as the powdered version. Although there is no suspected relationship, another infant became ill after consuming powdered formulas, but that baby recovered.

California's preeminent consumer rights law firm, Hersh & Hersh has led the way in infant and child safety. We were involved in the largest crib recall in the nation's history and other critically important protections for children and infants. Please contact our office for a free consultation with one of our experienced lawyers, for any situation involving defective products and devices, medical implants, such as transvaginal mesh, infant safety, motor vehicle accidents and other consumer or injury matters.

The United States Consumer Product Safety Commission cautions the American public gearing up for July 4th celebrations and has issued a warning about sparklers, bottle rockets and small firecrackers. These small celebratory fireworks can be deceiving in that their size leads us to believe these are harmless. As California injury attorneys, we want you to know that they are not harmless.

In 2010, nearly 2,000 consumers visited emergency rooms due to injuries from these small fireworks in the 30-day period prior to the holiday. And over 8,500 were injured and visited hospital emergency rooms during that year due to both legal and illegal fireworks.

Overall, there were 6,300 reports of injuries from fireworks and the hands, face and head were most likely to be harmed. Many of these injuries involved small fireworks such as firecrackers, bottle rockets, and sparklers. Even more worrisome is the fact that fireworks injury statistics show that often victims are under the age of 15 in 40 percent of the incidents.

The CPSC says that it is very important that you and your family know which fireworks are legal in your state. In addition, do not assume that a small firecracker is safer because of its size. It isn't. The seriousness of this warning cannot be overemphasized: the CSPC experts say that parents need to know the dangers of these devices and do not allow children to light or to play with them.

If you would like to see the live demonstrations on the dangers of fireworks, click here. They are a sobering reminder of the dangers of these devices.

The CPSC held a demonstration on the National Mall last week to demonstrate its commitment to stopping the manufacture and sale of illegal fireworks. The CPSC is collaborating with many other federal agencies to enforce "fireworks regulations, prosecute manufacturers and distributors of illegal fireworks, and educate the public about the risks associated with such fireworks."

Please check with your local California law enforcement agency regarding their regulations with regard to the timing and use of fireworks. Many areas are publicizing information on the legal use of fireworks so that the public can be forewarned as the police activity and law enforcement's intentions with regard to July 4th celebrations.

The following safety tips are recommended to help avoid serious injury:

1. Do not allow young kids to light or play with fireworks

2. Do not purchase fireworks packaged in brown paper as this is the way these devices are packaged for professional use and you could be buying something dangerous.

3. Do not leave children unattended, even with sparklers, which burn at very high temperatures.

4. Do not allow your body to be directly over a fireworks device when lighting it and back up immediately after it is lit.

5. Do not re-light a device that did not fully ignite.

6. Do not point or toss a device at another person.

7. Always have water or a hose on hand.

8. Do not carry fireworks devices in your pocket or in a metal or glass container.

9. Make sure fireworks are legal in your area before buying or using them.

As California consumer attorneys, we seek to inform the public on the safety of devices and products. Please contact our law firm if you have been injured by a product or device or have otherwise been injured in an accident. We provide free law consultations with an experienced lawyer who will evaluate your case or situation.

As California injury lawyers, we want our readers to be aware of a potential injury hazard that comes along with spring and summer outdoor fun. A recent accident in New York shown on news outlets around the country has caught the attention of viewers and highlighted the potential dangers of large inflatable slides and houses, also known as "bounce houses."

A Long Island spring party turned very dangerous when one of these houses pulled away from its moorings and became airborne. There were no children in the inflatable toy or two-story slide when this happened, but many were injured. One woman was seriously injured and 12 others sustained more mild injuries. Parents were stunned when the toy began to fly into the air, many of them previously unaware of the potential for danger.

The Associated Press reports that this is not the first time such an accident has happened with these bounce houses. They say about 10 have been "toppled by winds or collapsed under too much weight in the past two months, injuring more than 40 people" - this information was located on RideAccidents.com.

According to an industry expert that spoke with the AP for their article, it is way the inflatable houses are set up that creates the risk, as well as supervision. Apparently, the experts know that bounce houses can be dangerous.

Those who sell or rent the inflatable toys are not regulated and very few states have any requirements regarding them. Some require insurance and a few require training.

The woman who was seriously injured in the New York incident, was hit by one of the flying toys. The local DA plans to investigate the accident. But the AP report noted that the devices seemed to be secured properly and there were operators attending to each of them. However, a gust of wind blew them off their moorings.

The Consumer Product Safety Commission (CPSC) reported several years ago that the bounce houses can result in injury and warned that they must to be anchored correctly, with operators managing them closely. Please be aware of the need for expert set-up for these toys. Also it is highly recommended that you ensure the toys are supervised at all times. In the case of two-story slides, the CPSC recommends two people to supervise the use of this toy.

The San Francisco law firm of Hersh & Hersh has a long history of improving the health and safety of the consuming public. We have a long and stellar history of creating those protections for victims of injury. If you have any questions about your rights or legal representation in a personal injury or related matter, please contact our California office to speak directly with one of our attorneys.