Articles Posted in Product Defects

Accidents due to faulty manufacture, design or distribution of dangerous products in California including Los Angeles.

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daily-harvest-lentil-crumble-lawsuits-CaliforniaMany people enjoy the convenience of ordering chef-created meals through delivery companies that can be easily prepared and ready in minutes. One such company, Daily Harvest, has been a favorite of people who are trying to eat healthfully with its emphasis on vegetables, fruits, and healthy grains. Unfortunately, however, Daily Harvest initiated a voluntary recall in June 2022 of its Fench Lentil + Leak Crumbles because of potential adverse health effects. More than 28,000 units of recalled products that were sold to people across the U.S., including in Los Angeles, were affected by the recall.

Here is some information about the recall and what you should do if you have experienced serious illness following consuming this product. If you were sickened and injured after consuming this product, you might be entitled to pursue compensation through a defective product injury claim with the help of the Steven M. Sweat, Personal Injury Lawyers, APC.

Daily Harvest Recall

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In California, many people use paraquat-containing herbicides to prevent weeds from encroaching on their lawns and fields. Paraquat-containing herbicides are commonly used by farmers and agricultural workers, and many people are unaware of the potential dangers these substances pose. Paraquat is a chemical found in many industrial herbicides, including Gramoxone, Parazone, Para-Shot, Helmquat, and others. People who directly use paraquat-containing herbicides with licenses and those who are indirectly exposed to this chemical over a long period of time have a heightened risk of developing Parkinson’s disease. People who have developed Parkinson’s disease after exposure to paraquat-containing herbicides might be entitled to pursue compensation. An experienced product liability attorney at the Steven M. Sweat, Personal Injury Lawyers, APC, can review your case and explain whether it has legal merits.

Link between paraquat and Parkinson’s disease

Paraquat is a common chemical found in many industrial herbicides that farmers and agricultural workers use on fields to control weed growth. It is used across the U.S. and the world. Researchers have found a link between paraquat exposure and the development of Parkinson’s disease. In a 2019 systematic review, researchers found that Parkinson’s disease occurrence was 25% higher in people who had been exposed to paraquat versus those who had not.

Published on: California, the manufacturers of defective products are strictly liable for injuries that are caused by the defects to people who use the products in the manner in which they were intended. The state extended strict liability to retailers of products in 1964. However, online retailers, including Amazon, eBay, Etsy, and others, have relied on a loophole to escape strict liability. If passed and enacted, a new assembly bill would erase the loophole and expose online retailers to liability when defective projects that are sold on their platforms by third-party sellers injure consumers.[1]

Proposed legislation to end defective products loophole

California AB 3262 was introduced by Assemblyman Mark Stone (D-Santa Cruz) on Feb. 21, 2020.[2] This law would extend strict liability for defective products to online retailers. Currently, product designers and manufacturers are strictly liable for injuries caused by their products. Brick-and-mortar retailers are also liable when they sell products to consumers that are defective and cause injuries. While laws have been in place to hold retailers accountable when they sell defective products that injure consumers, online retailers, including Amazon, Etsy, and eBay have been able to rely on a loophole to escape liability.

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Zantac-Cancer-Lawyers-CaliforniaMillions of Americans have been prescribed Zantac or have taken it over-the-counter to treat the symptoms of acid reflux. Californians who have taken Zantac or its generic ranitidine may be at risk of developing cancer. While many people in California have relied on this drug and have assumed it is safe, research has recently demonstrated that Zantac and ranitidine contain a known carcinogen, and the drug itself may interact with other substances to form the carcinogen in the body. The personal injury attorneys at Steven M. Sweat Injury Lawyers APC represent people who have developed cancer because of this dangerous drug.

What is Zantac?

Zantac is a brand of ranitidine that may be prescribed to treat ulcers of the stomach and intestine and to keep them from returning.[1] It is also used to treat several other digestive problems, including the following:

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Allergan-Breast-Implant-Injury-Attorneys-CaliforniaMany women in California and across the U.S. have received breast implants, including for breast reconstruction after breast cancer. Other women have chosen to get implants to enhance their appearance. Women who have received implants should be able to feel confident that their implants are safe. Unfortunately, however, one of the most popular types of implants, the BIOCELL® Textured Breast Implants and Tissue Expanders, were the subject of a voluntary recall by Allergan on July 24, 2019. Allergan’s voluntary recall was issued after the U.S. Food and Drug Administration issued a safety advisory about the breast implants.

If you have received the BIOCELL implants, you may have grounds to file a lawsuit against Allergan. The product liability attorneys at the law firm of Steven M. Sweat, Personal Injury Lawyers can help you to understand the legal options that you might have.

Which Allergan breast implants are included in the recall?

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juul-vaping-injuryOver the past decade, vaping and e-cigarettes have greatly increased in popularity. This is especially true among young adults and teenagers. While the smoking rates among teenagers have fallen for decades, Juul and other e-cigarette devices are reversing the trend.

The National Institutes of Health conducted a survey of 44,000 teens in 2018. According to the study, 37.3% of teenagers in the 12th grade reported that they vaped. This was a sharp increase from the 28% who reported vaping in 2017, and there are few signs that the number will decline. Unfortunately, Juul and other e-cigarette devices are dangerous and can cause serious injuries and addiction.

What is Juul?

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3M-Earplug-Lawsuit-Lawyer-CaliforniaIf you are a current or former member of the U.S. military who has a hearing loss or who suffers from tinnitus, your condition may have been caused by defective combat earplugs. These earplugs were sold to the government by 3M and are called the Combat Arms Earplugs, Version 2 or CAEv2. In 2018, 3M reached a settlement with the U.S. Department of Justice and agreed to pay $9.1 million for its failure to disclose that the earplugs were defectively designed. These defects led to hearing losses and tinnitus in thousands of military service members who used them.

The Los Angeles injury lawyers at Steven M. Sweat APC are currently reviewing defective earplugs cases to veterans who have suffered hearing losses or tinnitus after using the CAEv2 earplugs. The earplugs were used by service members who served from 2003 to 2015 and were olive and yellow in color. If you remember using these earplugs and have suffered a hearing loss, contact our office today for a free case review from an experienced California attorney.

The contract with 3M & Aearo Technologies

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baby-powder-lawsuits-attorney-californiaProducts manufacturers have a duty of care to warn consumers about the potential dangers of their products. They also are not supposed to release unreasonably dangerous products into the market. If a product is defective, is unreasonably dangerous, or has inadequate warnings, the manufacturers may be liable when consumers who have used the products in an intended manner are harmed as a result. In Schmitz v. J&J, Superior Court of the State of California, Alameda, Case No. RG18923615, the jury returned a substantial verdict to a California woman who contracted mesothelioma after using talcum-powder products that were manufactured by Johnson & Johnson and Colgate for decades.

Factual and procedural background

Patricia Schmitz, a former fifth-grade teacher, is a 61-year-old California woman. Her mother applied baby powder containing talc when she was an infant. Beginning when she was 13, Schmitz began using talc-based products daily after her shower. She used Colgate-Palmolive’s Cashmere Bouquet on a daily basis from the time that she was 13 until the 2000s. She also used Avon’s Night Magic at some point in time. Her mother had used Johnson & Johnson’s baby powder on her when she was an infant.

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What is Stryker hip replacement?

In the world of medicine, Stryker Hip Implant was one of those surgical procedures that required no clinical trial due to the fact that it was similar to previous generations of hip prosthetic devices. Because it was such a ground breaking technology, one that seemed ingenious ever since it was tried, it quickly gained popularity in the medical community as remedy to hip dislocation and joint problems compared to previous generations of hardware.

However, over the years post-surgery complications have increased in patients who have undergone this procedure. In its initial years, medical practitioners claimed that Stryker was a not a metal-on-metal hip implant, unlike other older devices. Therefore, it was deemed to be a success. However, the smaller metallic components in this device used at the junction of the joint itself have created so many complications that a significant percentage of patients have experienced chronic pain and serious complications a few months following the the surgery.

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