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The recent recall of defective Philipps sleep apnea ventilator devices demonstrates the inhability of the FDA at managing medical device recall

After a recent study pointed fingers at the mismanagement of medical device recall by the FDA (see previous blog),  further investigations are confirming an outdated and broken system that leaves patients at risk of serious injury and death as unaware doctors continue to use defective devices on their patients. A…

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How to prevent deaths and injuries related to flooding accidents?

Flooding and cleaning up damages after a flood can be dangerous and cause accidents that can result in severe injury and sometimes death. Here is a summary of  the most common dangers and how to avoid them. Driving a vehicle during a storm and after a storm can be dangerous…

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HeartWare Ventricular Assist Device implanted in patients despite FDA knowledge of product being defective

Medtronic stopped the sale of the defective HeartWare Ventricular Assist Device, or HVAD last June after more than 3,000 patients died and 20,000 were injured. Since 2011, multiple problems with the device have been reported to the Food and Drug Administration but the agency never took any decisive action to…

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Patient deaths associated with the use of medical devices mislabeled as injuries in FDA medical device database

Many defective medical devices might still be used by medical professionals because deaths that occurred when using these devices are being mislabeled as injuries in the FDA Medical Database according to a study published last week in JAMA Network. The study looked at 290,141 reports of defective medical devices that…

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Suing Child Protective Services When A Child Starves To Death

In a recent commentary in the New York Law Journal, Daniel Pollack, MSW, Esq., a professor at Yeshiva University’s School of Social Work in New York City wrote: “If at some point a lawsuit is brought against the department of human services/CPS in connection with that death, compassionate, yet experienced…

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Using job-made baskets, boxes or platforms can lead to dangerous construction accidents

In a recent bulletin, OSHA warns construction workers and other workers using forklifts about potential injuries and deaths caused by “job-made boxes” What are “job-made boxes”? Job made boxes are any makeshift attachments created by construction workers or workers in other industries such as boxes, baskets or platforms. They are…

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2020 car crash fatality rate at its highest since 2007 in the US

38,680 people died in auto accidents in the US in 2020 compared to 36,096 a year earlier according to preliminary data from the National Highway Traffic Safety Administration. The 7.2 % increase in crashes occurred as the total number of miles travelled by motor vehicles decreased by 13.2%, an indication…

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An In-depth Look at Fatal and Nonfatal Struck-by Injuries in the Construction Industry

Struck by injuries are the most common non-fatal injuries sustained by construction workers. Among the 79.7 k construction workers who were injured in 2019, 16.6K suffered struck by injuries and 4 K suffered struck against injuries. Struck by accidents are also among the top causes of construction workers fatalities. In…

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After the death of child in a treadmill accident, Peloton refuses to comply with the Consumer Product Safety Commission and recall the dangerous product

Our partner Anthony Gair has carved out a reputation as one of the best product liability lawyers in NYC.  Yesterday he talked to CNBC journalist Lauren Thomas about the refusal by Peloton to comply with the Consumer Product Safety Commission and recall its high-end treadmill Tread+.  Multiple children  and a…

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Protecting children from injuries in car accidents

Car accidents are one of the leading causes of  injuries and deaths for children. In the US, 636 children under 12 year old died and 97,000 were injured in car crashes in 2018. From researching child restraint performance to analyzing teenager behavior behind the wheel and testing safety of future autonomous…

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