Old Navy Toy Recall

Old Navy Stores recently recalled approximately 40,900 "stuffed creature toys" that have been distributed throughout U.S. and Canada. The stuffed toys, made in the U.S., come in a variety of styles, such as a rabbit, penguin and reindeer. They were sold at Old Navy Stores and on its Web Site from July through February. They have been recalled due to the 2 button eyes that could detach, posing a choking hazard to young children.

Smoke Detector Defects

Messa & Associates is currently representing the estate of a family of 7, who perished in a house fire due to faulty smoke detectors. The family included 5 children, 2 of whom were twin boys. Evidence shows that the ionization smoke detectors, designed, manufactured, and sold by Kidde Inc., were defective because they failed to sound an alarm despite significant smoke inside the house.
Manufactures have designed two types of smoke detectors: ionization smoke detectors and photoelectric smoke detectors. Despite both of these products being marketed as “smoke detectors” and “smoke alarms”, ionization smoke detectors fail to detect slow smoldering fires, the typical type of home fires that burn very slowly, and fill a home with smoke. These types of fires, which occur in 80% of household fires, commonly occur at night while the family is asleep.
In lieu of this tragedy, we ask that people please use caution and educate themselves when purchasing smoke detectors for your home. If you have any questions, or have been involved in an accident involving defective smoke detectors, please contact our office immediately at 215.568.3500.

Important Facts:

*Annually, more than 17,000 people are injured or die due to home fires.

*Ionization Smoke Detectors- Manufactured by Kidde Inc., are designed to detect fast flaming fires that give off little smoke. Ionization technology does not respond fast or at all to slow smoldering, smoky fires which are the most common types of residential fires. The most common household smoke detector on the market.

*Smokey fires often go undetected by ionization detectors. In fact, the level of smoke in a house can reach a fatal level long before the so-called smoke detectors go off.

*Slow-burning fires account for by far the largest percentage of home fire deaths.

*Photoelectric Smoke Detectors- Designed to detect slow-burning fires, as well as flash fires that the ionization detects. Cost about $20 and the technology has been available for almost 30 years.
Some smoke detectors offer “dual sensors” which means that the smoke detector has both ionization and photoelectric technology.Kidde is aware of this “dual sensor” technology, yet they still manufacture the ionization only smoke detectors to the public.

*Numerous cases are pending across the country for deaths and injuries caused by these ionization smoke detectors.

*Ionization smoke detectors are currently marketed as “smoke alarms” and “smoke detectors” even though Kidde Inc. is aware of the numerous fatalities and injuries across the country, and the fact that these ionization smoke detectors significantly do not work.

*In a recent letter, Kidde Inc., stated that they recommend that, “consumers use both types of smoke alarms in their homes.” With this statement, there still has been no change to the label and packaging of the ionization smoke detector explaining the importance of owning both photoelectric and ionization smoke detectors.

*Some ionization detectors work only on a battery, and are subject to battery failure.

*According to tests performed by the US National Bureau of Standards, the improved photo-electric detectors provide 2 to 3 times more chance of escape than the ionizing type of detector containing Americium. According to an article by G. Blair, in the Journal: Politics and Other Human Interests, 31 January 1978, smoldering fires account for about 75% of all home fires.

Buffalo Plane Crash

Friday, February 13, 2009 by Joseph L. Messa
Airplane crashes can be caused by a multitude of different reasons:
Poor maintenance
Inadequately trained maintenance personnel
Inadequate pilot training
Pilot error
Air traffic controller error
Inadequate safety precautions
Other
Weather Conditions
In each case, there can be several different factors that contribute to a plane crash. The recent tragic crash of Continental Connection Flight 3407 is no different. Investigators are not yet sure what caused the Bombardier Dash 8 Q400, a 74-seat turboprop, to crash into a home in Clarence Center, New York, about seven miles outside of the Buffalo Niagara International Airport.
The plane had taken off from Newark International Airport and was bound for Buffalo Niagara. The National Transportation Safety Board has recovered the flight cockpit voice and data recorders (the black boxes), but the cause of the crash is still under investigation. According to the Associated Press, experts were analyzing data from the black boxes, including statements by crew members about a buildup of ice on the wings and windshield of the plane, Chealander said. A full report will likely take a year.
"We're in the very early stages of the investigation," he said. "The icing and other things are just preliminary focuses."
One aspect of the investigation will focus on the crew, how they were trained and whether they had enough time to rest between flights. Other investigators focused on the weather, the mechanics of the plane and whether the engine, wings and various mechanics of the plane operated as they were designed to.
But authorities have yet to pin that as the cause of the crash, which occurred during a light snow and mist, killing 49 people on the flight and one man in the home.
Ice on wings can cripple an aircraft and has been blamed for several previous plane crashes. Other aircraft in the area Thursday night told air traffic controllers it also experienced icing around the time that Flight 3407 from Newark, N.J., to Buffalo went down. Other flight crews landing at Buffalo Niagara have reported wing icing, though it is not clear at this time if this was a factor in the traffic crash.
All 49 passengers and crew on board the plane were killed when it went down at about 10:20 PM Thursday evening. Another person was killed when the plane struck his home. Two other occupants of the home were treated and released from the local hospital for relatively minor injuries.
Residents were evacuated from the crash area, and people are being cautioned to stay away from the scene, so that evidence will be properly preserved and investigators determine what caused the crash.
If you or a loved one has been involved in an airplane accident, it is in your best interest to seek the advice of the aviation accident lawyers at Messa & Associates for a full evaluation of the details of your case. Their expert advice comes from years of experience helping victims of accidents acquire the compensation that is essential for putting life back together after a tragedy. A consultation is available to you at no charge and at a time of your convenience. Call 1-866-403-4LAW (1-866-403-4529) today to speak with a legal expert about the best ways to restore your life to the quality it had prior to a difficult experience. Messa & Associates will help you overcome the obstacles.
Family, friends, and loved ones of those on the Continental Connection Flight 3407 were directed to Clarence Municipal Center and can call this helpline for further information regarding their loved ones: 1-800-621-3263.

Drug Recalls

Due to the increase and severity of prescription medication recalls and deaths, Messa & Associates would like to educate our clients on some useful tips and information that could help save the life of you or a loved one. We ask with much consideration and respect that you take this matter very seriously, and please contact someone at our offices if you have any questions or concerns.

One of the most recent drug recalls was 50 microgram/hour DURAGESIC CII patches, sold by Pricara,a division of Ortho-McNeil-Janssen Pharmaceuticals. This patch is used to manage persistent moderate to severe chronic pain that needs to be treated around the clock. The result of this patch is possible release of "fentanyl gel" from the gel reservoir into the pouch in which the patch in packaged, exposing patients or caregivers directly to fentanyl gel. Exposure to fentanyl gel may lead to serious adverse events, such as respiratory depression and possible overdose, which may be fatal. Anyone using these patches need to check the package to see if it is the the recalled product.

Another more serious drug recall handled by Messa & Associates was with Children's Motrin, and the effects it had a nine-year0old little girl in 1996. She was taken to her pediatrician who prescribed newly available over-the-counter Children’s Motrin, which she continued to take for a week. She eventually developed hundreds of tiny blisters on her face, ears, and throat, and burning of her corneas. She was taken to Boston Children’s Hospital where she was diagnosed with Vanishing Bile Duct Syndrome (VBDS), Erythematic Multiform (EM), Stevens-Johnson syndrome (SJS), and Toxic Epidermal Necrolysis (TEN). The now twenty-one-year-old is currently on the waiting list for a second liver transplant because her condition continues to deteriorate.

If you or someone you know has been involved in a similar incident, please contact someone at Messa & Associates at 215.568.3500. For more information on drug recalls, please visit Messalaw.com or FDA.gov.