December 30, 2009 – The U.S. Consumer Product Safety Commission and Health Canada, in cooperation with Dorel Juvenile Group Inc., of Columbus, Ind. today announced a voluntary recall of the Safety 1st Disney Care Center™ Play Yard and the Eddie Bauer Complete Care Play Yard.

The play yards are portable and were sold with a bassinet attachment and a built-in changing station. Models included in this recall are 05025, 05026, 05037, 05088 and 05350. The model number is printed on a sticker on one of the support legs underneath the play yard. “Safety 1st” or “Eddie Bauer” are printed near the bottom of the fabric sides of the play yards.

The one piece metal bars supporting the floorboard of the bassinet attachment can come out of the fabric sleeves and create an uneven sleeping surface, posing a risk of suffocation or positional asphyxiation.

No incidents or injuries have been reported.

Approximately 213,000 play yards/bassinets have been sold at Babies “R” Us, Kmart, Sears, Target and Walmart from January 2007 through October 2009 for between $100 and $130.

Consumers should stop using recalled products immediately unless otherwise instructed.

If you or a loved one has been injured by a defective product, contact the Defective Product lawyers of the Gomez Law Firm today.

December 30, 2009 – According to the National Highway Traffic Safety Administration (NHTSA) Office of Defect Investigations (ODI), General Motors is recalling certain Model Year (MY) 2005 through 2007 Corvette and MY 2006-2007 Corvette Z06 equipped with a removable roof.  

The adhesive between the roof panel and the frame may separate. If there is a partial separation, the driver may notice one or more symptoms, such as a snapping noise when driving over bumps, wind noise, poor roof panel fit, roof panel movement/bounce when a door or hatch is closed, or a water leak in the headliner.  If there is a complete separation, the roof panel may detach from the vehicle. If this were to occur while the vehicle was being driven, it could strike a following vehicle and cause injury and/or property damage.

At the Gomez Law Firm, we have extensive experience representing the victims of auto defects, including roof crush, tire defects and rollovers.  If you or someone you love has been the victim of any defective product, call or write a personal injury attorney  at the Gomez Law Firm today.

December 30, 2009 – According to the National Highway Traffic Safety Administration (NHTSA) Office of Defect Investigations (ODI), General Motors is recalling certain Model Year 2010 Chevrolet Equinox and GMC Terrain vehicles for failing to comply with the requirements of Federal Motor Vehicle Safety Standard No. 103, “Windshield Defrosting And Defogging Systems And With Federal Motor Vehicle Safety Standard No. 101, Controls And Displays.”

The software in the center instrument panel can cause the heating, air conditioning, defrost, and radio controls, as well as the panel illumination to become inoperative.  Driving without a functioning defrost system can decrease your visibility under certain driving conditions and could result in a crash without warning.

At the Gomez Law Firm, we have extensive experience representing the victims of auto defects, including roof crush, tire defects and rollovers.  If you or someone you love has been the victim of any defective product, call or write a personal injury attorney  at the Gomez Law Firm today.

December 30, 2009 – According to the National Highway Traffic Safety Administration (NHTSA) Office of Defect Investigations (ODI), Volkswagen is recalling certain Model Year 2009 Q5 passenger vehicles manufactured between November 25, 2008 and June 4, 2009.

A left and/or right a-pillar trim cover clip may not have been manufactured correctly, allowing the a-pillar trim to become loose when the sideguard head protection airbags deploy during a crash.  If this happens, a loose trim piece could injure the front seat occupants of the vehicle.

At the Gomez Law Firm, we have extensive experience representing the victims of auto defects, including roof crush, tire defects and rollovers.  If you or someone you love has been the victim of any defective product, call or write a personal injury attorney  at the Gomez Law Firm today.

December 29, 2009 – A Coronado police officer who zapped a 21-year-old man with a Taser during a stop for a seatbelt infraction is not entitled to qualified immunity, according to a federal appeals court ruling obtained Tuesday.

A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled Monday that the intermediate level of force used by Officer Brian McPherson on Carl Bryan was excessive under the circumstances.

The appellate panel’s ruling upholding a decision by San Diego-based U.S. District Court Judge Larry Burns allows Bryan to pursue damages against McPherson at trial.

Judge Kim McLane Wardlaw, who penned the opinion, said Bryan was having a bad day in the summer of 2005 because of a freeway speeding ticket when McPherson pulled him over for not wearing a seatbelt.

Bryan was upset with himself and began hitting the steering wheel and yelling expletives when the officer stopped him.
McPherson said he told Bryan to remain in his car, but the motorist instead got out of the vehicle and took one step toward the officer, who Tasered him, according to the ruling.

Bryan — who denied hearing the officer tell him to stay away — said the Taser probe hit him in his left arm, causing him to fall face-first to the ground, fracturing four teeth.

He filed a federal lawsuit against McPherson, the Coronado Police Department, its police chief and the city of Coronado, claiming excessive force and intentional infliction of emotional distress.

The district court granted relief to the City of Coronado and the Police Department, but determined that McPherson was not entitled to qualified immunity.

The court concluded that a reasonable jury could find that Bryan “presented no immediate danger to (McPherson) and no use of force was necessary.”

Wardlaw said it should have been apparent that Bryan was unarmed because he was dressed only in boxer shorts and tennis shoes and never threatened the officer.

A reasonable officer would have known that it was unreasonable to use a Taser on Bryan, Wardlaw wrote.

December 24, 2009 – A 13-year-old girl was hospitalized Thursday after being struck by a pickup truck in Lakeside, authorities said.

The girl was struck when she ran in front of a truck being driven by a 55-year-old Lakeside woman on Winter Gardens Boulevard at the intersection of Lemon Crest Drive around 5:20 p.m. Wednesday, California Highway Patrol Officer Brian Pennings told The San Diego Union-Tribune.

The woman was going about 40 miles per hour, had a green light and tried unsuccessfully to swerve to avoid the girl, he said.

The girl was apparently trying to catch up to a group of girls that had already crossed the road.

December 24, 2009 – A senior citizen was fatally injured Wednesday when a car veered off a North County road and struck him as he was getting into his truck in front of his home.

The southbound Honda Accord drifted off Begonia Street in Escondido for unknown reasons and hit the man shortly after 2 p.m., Lt. Chris Wynn said. The sedan then continued on for a short distance and crashed into another parked car near East Mission Avenue.

Medics took the injured man, described as elderly, to a hospital, where he was pronounced dead, Wynn said. The man’s name was withheld until his family could be notified.

The motorist, who was uninjured, was not immediately cited, though an investigation into the accident was ongoing, the lieutenant said. Alcohol did not appear to be a factor in the crash, Wynn said.

December 23, 2009 – Federal investigators are looking for home and surveillance videos of a Coast Guard boat that struck a boat during a Christmas parade in San Diego Bay, killing an 8-year-old boy.

The National Transportation Safety Board (NTSB) says investigators also want electronic data that indicates speeds and routes of the boats that crashed Sunday night.

Investigators examined the 33-foot Coast Guard boat Tuesday and will look at the 26-foot recreational boat Wednesday. They plan to interview Coast Guard members and have identified eyewitnesses.

Some witnesses told The Associated Press the Coast Guard boat was speeding when it hit the lighted smaller boat.

NTSB spokesman Peter Knudson says his agency typically posts its evidence on its Web site about six months after a crash.

December 23, 2009 – Drugmaker MedImmune is recalling nearly 5 million doses of swine flu vaccine because the nasal spray appears to lose strength over time, federal health officials announced Tuesday.

The vaccine recall is the second this month caused by declining potency and comes as public health officials urge millions of Americans to get vaccinated against swine flu.

The action affects more than 4.6 million doses, but the vast majority have already been used, according to the Food and Drug Administration (FDA).  Agency officials said the vaccine was strong enough when it was distributed in October and November.

“The slight decrease in potency is not expected to have any effect on the protective effect of the vaccine,” said Norman Baylor, director of the FDA’s vaccine research office. “We are not recommending revaccination.”

The agency is looking into the problem but said it’s not uncommon for vaccines to lose strength over time. MedImmune’s vaccine has a recommended shelf life of about four months. The company has about 3,000 doses in its warehouses but does not know how many remain in the field, according to the FDA.

Last week, vaccine maker Sanofi Pasteur recalled hundreds of thousands of swine flu shots for children because tests indicated those doses lost some strength. Most of those doses had already been used, too.

Maryland-based MedImmune, a subsidiary of London-based AstraZeneca PLC, voluntarily recalled 13 lots of its vaccine, “due to a slight decrease in potency” discovered through routine quality control testing, said spokesman Tor Constantino.

“It’s not a safety concern. People who have received doses from the affected lots do not need to be revaccinated. The doses were well within potency specification,” he said.

Swine flu vaccine has been available since early October, and since then manufacturers have released over 111 million doses for distribution in the U.S. MedImmune makes the only nasal spray version, which can be used by healthy people ages 2 to 49.

Only in recent weeks have state authorities lifted restrictions on who can get vaccinated. Previously the vaccines were reserved for high-risk patients, including pregnant women and schoolchildren.

In a telephone news conference on Tuesday, Dr. Anne Schuchat of the federal Centers for Disease Control and Prevention (CDC) estimated that 60 million Americans have received swine flu vaccine, and said intense monitoring for side effects has not turned up any safety concerns.

“We are not seeing any worrisome signs,” she said.

The vaccine supply has increased so much in recent weeks that she urged parents of children 10 and younger to get them a second dose, because studies show this age group needs two for optimal protection.

Flu activity has slowed, but “it’s not gone,” Schuchat said. “None of us know what the weeks and months ahead will bring in terms of influenza activity, and it’s very important not to become complacent.”

The first wave of the swine flu pandemic began in April, when the strain was discovered. A larger wave started in the late summer and is declining. Infections are now widespread in 11 states, down from 48 in late October.

AP Medical Writer Marilynn Marchione reported from Milwaukee.

December 23, 2009 – The U.S. Consumer Product Safety Commission (CPSC), in cooperation with Dollar Tree Stores Inc., of Chesapeake, Va., today announced a voluntary recall of Tool Bench Utility Knives.

The utility knife is black or gray and measures about 6 inches long and about 1 ¼ inches wide. The package includes an extra blade. “Tool Bench Utility Knife” is printed on the front of the product’s packaging. “975942,” date code “93” and “UPC 639277759429” are printed on the back of the packaging.

The utility knife’s blade can slide past the blade support during use, posing a laceration hazard to consumers.

Dollar Tree has received one report of a cut/laceration with the utility knife.

Approximately 204,000 knives were sold at Dollar Tree, Dollar Bill$, Greenbacks and Deal$ stores nationwide from April 2009 through October 2009 for about $1.

Consumers should stop using recalled products immediately unless otherwise instructed.

If you or a loved one has been injured by a defective product, contact the Defective Product lawyers of the Gomez Law Firm today.