Bad Boy Enterprises Agrees to $715,000 Fine for Failing to Report Defects

Bad Boy Enterprises, LLC has agreed to pay a civil penalty of $715,000 resolving allegations from the Consumer Product Safety Commission that the company failed to immediately report a defect involving buggies with electric motors that resulted in sudden acceleration during use or while the ignition is in the idle position, creating a runaway vehicle situation.

The Classic Buggies off-road utility vehicles with Series brand electric motors were sold between 2003 and June 2007 and the off-road utility vehicles with a SePex motors were sold between 2007 and June 2010.  More than 50 reports of sudden acceleration incidents have caused injuries, such as arm and leg fractures, a fractured toe, rotator cuff injury, and sore muscles, to consumers.

In 2008, Bad Boy implemented a program to repair the motors but did not advise the CPSC of the problems until August 2009.  The buggies were recalled for sudden acceleration on October 21, 2009.  A second recall was announced in December 2010 after an investigation conducted by CPSC staff revealed that additional repairs were necessary to repair the for off-road utility vehicles sudden acceleration defect.

Messa & Associates has dozens of cases caused by defective products which resulted in significant injuries and death.  We combine our years of experience, thorough research, and the knowledge of highly regarded experts to prepare these cases.  If you or a loved one has suffered serious injuries as a result of using a recalled Bad Boy Enterprises Classic Buggy, please contact us at 1-877-MessaLaw or visit us at www.messalaw.com.

Baby Girl Found Unresponsive in Philadelphia Daycare Dies

The Special Victims Unit of Philadelphia Police is investigating the death of a 7-month-old baby girl yesterday.  The child was found unresponsive in a crib at the Apple Blossom Learning Tree Day School in Center City Philadelphia.

The baby was taken to Children's Hospital of Philadelphia where she was pronounced dead shortly after arrival.

The attorneys at Messa & Associates have pursued cases involving injuries and death of children in daycares.  We have obtained verdicts and settlements for families, including a $5.75 million settlement awarded to the family of a 2-year-old who died at a daycare while being improperly supervised by her caregivers.  If your child has been seriously injured or died as a result of improper supervision at a daycare, please contact us at 1-877-MessaLaw or visit us www.messalaw.com.

Think Pink: October is National Breast Cancer Awareness Month

This month is National Breast Cancer Awareness Month.  Breast cancer is the most common form of cancer among women in the United States (aside from skin cancer) and the second leading cause of death in women.  Breast cancer is a malignant tumor that grows in one or both of the breasts.  Breast cancer usually develops in the ducts or lobules, also known as the milk-producing areas of the breast.

While there is no way to prevent breast cancer, there are things that can be done to reduce risk factors.  Women who limit alcohol intake, exercise regularly, and maintain a healthy body weight have a lower risk of getting breast cancer.

According to the American Cancer Society, high risk women are those who have a known BRCA1 or BRCA2 gene mutation, have a first-degree relative (parent, brother, sister, or child) with a BRCA1 or BRCA2 gene mutation, but have not had genetic testing themselves, had radiation therapy to the chest when they were between the ages of 10 and 30 years and have Li-Fraumeni syndrome, Cowden syndrome, or Bannayan-Riley-Ruvalcaba syndrome, or have first-degree relatives with one of these syndromes.  Women at moderately increased risk have a personal history of breast cancer, ductal carcinoma in situ (DCIS), lobular carcinoma in situ (LCIS), atypical ductal hyperplasia (ADH), or atypical lobular hyperplasia (ALH) or have extremely dense breasts or unevenly dense breasts when viewed by mammograms.

In addition to risk factors, early detection is important for an increased chance that treatment will be effective.  Breast cancer can be detected through self and clinical examinations, mammograms and Magnetic resonance imaging (MRI) testing.  Women should consult with their physician and decide which method is best for them based on their personal risk factors.

If you are unsure about your personal risk factors or are concerned about something you discovered while self examining your breast, please see your doctor immediately.

Messa & Associates has been involved in numerous cases involving delay in and failure to diagnose cancer including breast cancer because of a medical professionals’ failure to detect by mammogram, failing to recognize symptoms or failure to follow up on family history or a lump.  Our attorneys have obtained fair verdicts and settlements for our clients and will fight to ensure clients get the compensation they deserve for injury, trauma, loss, suffering and any ongoing needs that may result.  For more information on National Breast Cancer Awareness Month or if you or a loved one has suffered serious injury or death as a result of the delay or misdiagnosis of breast or any other type of cancer, please contact us at 1-877-MessaLaw or visit us at www.messalaw.com.

Pourable Gel Fuel Recalled After Severely Burning Dozens of People

The U.S. Consumer Product Safety Commission (CPSC) has recalled all pourable gel fuel used for ambient, decorative fire pots, as the gel fuel has been linked to severely burning dozens of people.  The defective product is used for both indoor and outdoor decorative lighting and has been reported to unexpectedly explode, splashing onto people and furniture.  The substance is a molten, long-burning fuel that sticks to the skin and is difficult to extinguish.  It can cause severe burns.

So far, 65 accidents from defective gel fuel products have been recognized by federal officials. This includes two deaths from a previously recalled gel fuel product.  According to the CPSC, victims have suffered second and third degree burns on their faces and limbs.

This particular recall includes two million units of the pourable gel fuel packets sold since 2008.  The recalled products, which come in both scented and unscented formulas, can be bought in one-quart plastic bottles and one-gallon plastic jugs for $5 to $20 each.

Nine manufacturers have agreed to voluntary recall: Bird Brain Inc., of Ypsilanti, Michigan; Bond Manufacturing of Antioch, California; Sunjel Company of Milwaukee, Wisconsin; Fuel Barons Inc. of Lake Tahoe, Nevada; Lamplight Farms Inc. of Menomonee Falls, Wisconsin; Luminosities Inc. of St. Paul, Minnesota; Pacific Decor Ltd. of Woodinwille, Washington; Real Flame of Racine, Wisconsin; and Smart Solar Inc. of Oldsmar, Florida.

If you have been injured from a gel fuel product, you may be entitled to compensation for your injuries.  The Philadelphia product liability attorneys at the Messa & Associates have successfully represented numerous clients who were injured by defective household products, such as the recently recalled pourable gel fuel. Call 1-877-MessaLaw today to speak with an experienced, knowledgeable Philadelphia defective product attorney or visit us at www.messalaw.com.