Hurt by a Defective Product in Indiana or Illinois: Recalls and Failings


Hurt by a Defective Product in Indiana or Illinois: Recalls and Failings

All too often, the local news reports on a dangerous product being recalled by its manufacturer.  These are defective products being sold in Indiana or Illinois that can hurt people and cause injury of some sort.  The maker notifies the public of the defect, and provides a solution to the problem with a replacement or repair of some sort.

July 2017 Example: Recall for 200,000 Britax Infant Car Seats

For example, maybe you heard of the huge infant car seat recall last week from Britax?  It seems that their infant seat has a defective chest clip that may pose a choking hazard for the youngster who is placed into the Britax car seat.

Over 200,000 Britax infant car seats have been sold that are defective.  

Fortunately, no infant injuries have been reported by the car seat manufacturer yet.  For details, check out the story and video from NBCChicago.com, “Britax Recalls Infant Chest Clip Over Choking Hazard.

June 2017 Example: 23,000 Pounds of Ground Beef Recalled

Or maybe you heard of all the ground beef sold here in Indiana that was recently recalled by its Louisville distributor?  Seems that the meat was contaminated with e coli bacteria – and this type of bacteria can be deadly.

The company asked that anyone who bought its ground beef or ground beef patties toss it out or return it to the grocery store or super market where it was purchased. E coli bacteria in the meat makes it too dangerous for consumption by humans or pets.

Details about how to determine the beef sold by Creation Gardens, Inc. can be found here (product code list) or by calling 1-800-600-8510.

Local Defective Products Recalled Almost Daily

In fact, flaws and faults in products that are sold here in Indiana and Illinois are so commonplace that their manufacturers issue recalls almost daily.  Consider the “Recalls and Advisories” page at the Indiana Department of Health web site.

  • On June 27, 2017, there were ten (10) separate entries listed by the State of Indiana for defective products. The problems ranged from milk being included in the product which might cause problems for those with allergies to more serious issues like listeria (another harmful bacteria) being found in products.
  • On June 21, 2017, another six (6) entries made the list, again for a range of dangerous defects, like listeria contamination of macadamia nuts being sold at Kroger’s, Ralph’s, Fred Meyer, etc.

Monitoring Defective Products That Can Hurt and Kill

Defective products are monitored by the state and federal government as well as private organizations.  At the federal level, the Food and Drug Administration keeps track of product recalls in this country.  So does the Consumer Product Safety Commission and the U.S. Department of Agriculture.

The Illinois Attorney General monitors recalls in the State of Illinois along with the Illinois Department of Agriculture.  Indiana’s Department of Health oversees issues of product defects for Hoosiers.

Good Housekeeping magazine keeps track of these defective product recalls as a consumer advocate.  They warn of defects that can injure or kill not only people but pets, as well.  The New York Times has its own list.

If a manufacturer fails to recall its defective product voluntarily, then the government can force a recall and institute legal proceedings against the manufacturer.  These are legal matters which can include monetary fines being assessed against the company who failed to recall its defective product.

For more on these government cases involving defective products, check out our discussion in “Air Bags: Counterfeit Air Bags Dangerous Do You Have a Fake Air Bag in Your Car or Truck? Defective Product Warning Issued by NHTSA,” and “Feds Requiring Air Bags Be Kept After Recall — Why? Defendants Like to Get Rid of Possible Evidence Against Them.”

Hurt by a Defective Product in Indiana or Illinois

All defective products are dangerous in some way, and yet they have been approved for sale and distributed to marketplaces all over our area.  Many of the defective products may have already left store shelves or lobbies and entered family homes and households.

This is a serious and silent problem facing many of us here in Indiana and Illinois.  How severe the harm may be to the defective product victim depends upon the particular product issue. 

Sometimes, it’s an undeclared allergen that might make someone have an allergic reaction.  Sometimes, it’s how products were processed as they were manufactured overseas that may cause illness but no serious or life-altering issues.

For instance, last month there was a huge national recall of rawhide dog chews that could harm beloved pets.  United Pet Group’s recall includes rawhides sold by brands Dentley’s, Hill Country Fare, Companion, Essential Everyday, Dentahex, Enzadent, Exerhides, Good Lovin, Priority, and PetCo.  (See the FDA webpage for details on product codes, etc.) Dogs can become ill from chewing on these foreign-manufactured rawhides according to the recall information, but they will not suffer fatal injuries.

In other instances, the defect may threaten life itself.  For instance, earlier this year a manufacturer named Physio-Control issued a defective product recall of its LIFEPAK 1000 defibrillator, which is a medical device used to prevent its user from having a fatal heart attack. 

The defective product in this case had been reported to shut down during treatment of over 34 heart patients.  The FDA reports eight (8) “adverse incidents” involving this defibrillator.  The FDA labels this defective product a “Class 1”  for “a reasonable probability that use of these products will cause serious adverse health consequences or death.”

Flaws in Products That Harm Victims: Legal Remedies

State law in both Indiana and Illinois provides civil law relief for victims of defective products who have suffered harm from their use.

Victims of defective products may have legal claims for damages to assert not only against the manufacturer, but against the distributor and others in the distribution chain as well.  And what about victims of these defective products that are not the purchaser?  There are also legal avenues available under state product liability and negligence laws for them to get justice, too.

In our next post, we’ll discuss more about the victims of defective products in Indiana and Illinois – including the limitations for all these recalls and the growing and real danger of flawed and dangerous products that have been sold in our communities to the unsuspecting and trusting consumer.  Let’s be careful out there!

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