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    <title>Charleston Personal Injury Attorney Blog | West Virginia Car Accident Lawyer | Huntington WV Wrongful Death Attorney</title>
    <link rel="alternate" type="text/html" href="http://www.charlestonpersonalinjuryblog.com/" />
    <link rel="self" type="application/atom+xml" href="http://www.charlestonpersonalinjuryblog.com/atom.xml" />
    <id>tag:www.charlestonpersonalinjuryblog.com,2009-12-03://3901</id>
    <updated>2012-02-19T20:01:13Z</updated>
    <subtitle>A personal injury legal blog from the attorneys at the Bell Law Firm, in Charleston, West Virginia. We handle a broad range of personal injury claims, including motor vehicle accidents, coal mining accidents, product liability, nursing home abuse and wrongful death.</subtitle>
    <generator uri="http://www.sixapart.com/movabletype/">Movable Type Enterprise 4.32-en</generator>

<entry>
    <title>Bumbo Baby Seat May Pose Unreasonable Risk</title>
    <link rel="alternate" type="text/html" href="http://www.charlestonpersonalinjuryblog.com/2012/02/bumbo-baby-seat-may-pose-unreasonable-risk.shtml" />
    <id>tag:www.charlestonpersonalinjuryblog.com,2012://3901.201671</id>

    <published>2012-02-22T17:25:43Z</published>
    <updated>2012-02-19T20:01:13Z</updated>

    <summary>There are few things more important than the safety of a young child. That&apos;s why many parents are calling on South African manufacturer Bumbo International to recall its popular baby seat. In recent years, Bumbo Baby Seats have become near...</summary>
    <author>
        <name>The Bell Law Firm PLLC</name>
        <uri>http://www.charlestonpersonalinjuryblog.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=3901&amp;id=4041</uri>
    </author>
    
        <category term="Product Liability" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="defectiveproduct" label="Defective Product" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="childrensproduct" label="children&apos;s product" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="injuries" label="injuries" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.charlestonpersonalinjuryblog.com/">
        <![CDATA[<p>There are few things more important than the safety of a young child. That's why many parents are calling on South African manufacturer Bumbo International to recall its popular baby seat.</p>
<p>In recent years, Bumbo Baby Seats have become near ubiquitous fixtures in the homes of new parents, both in West Virginia and across the United States. However, concerns are emerging that these popular <a href="http://www.belllaw.com/PracticeAreas/Baby-Child-Product-Recalls.asp" target="_blank">child seats</a> may pose serious dangers.</p>]]>
        <![CDATA[<p>The Bumbo Baby Seat is designed to be used by infants who are able to support their own heads, but who do not have the trunk strength to sit upright by themselves. It is made out of molded foam rubber, and the design is supposed to keep the baby in place without the use of straps.</p>
<p>However, this hasn't been the case for a number of children. At least 33 babies have suffered skull fractures after falling out of their Bumbo Baby Seat.</p>
<p><strong>Product May Have Defective Design</strong></p>
<p>The recall, if it happens, would not be the first for Bumbo. The product was recalled in 2007 out of concern that parents should be warned not to use the seat on raised surfaces. That recall came after the Consumer Products Safety Commission received at least 45 reports of babies who suffered injury after falling out of the seat.</p>
<p>Relying on that warning may not be enough to allay the current concerns - at least two babies have fractured their skulls after falling out of Bumbo seats that were placed on the ground.</p>
<p>Rather, it appears the seat's design may have rendered it a <a href="http://www.belllaw.com/PracticeAreas/Product-Defects.asp" target="_blank">defective product</a>. Babies don't get injured because the product breaks or malfunctions. Rather, the product may simply be designed in a way that makes it unsafe to use.</p>
<p>Parents who do choose to use a Bumbo Baby Seat are advised to never leave their child unattended in the chair. Babies tend to come loose when they arch their backs, squirm or rock side-to-side.</p>
<p><strong>Source</strong>: Detroit Free Press, "<a href="http://www.freep.com/article/20120210/FEATURES01/120210046/Bumbo-seat-Consumer-Product-Safety-Commission-recall" target="_blank">Should Bumbo Baby Seat Be Recalled Again?</a>" Jayne O'Donnell, Feb. 10, 2012</p>]]>
    </content>
</entry>

<entry>
    <title>Fog, smoke and unanswered questions in I-75 pileup, p. 3</title>
    <link rel="alternate" type="text/html" href="http://www.charlestonpersonalinjuryblog.com/2012/02/fog-smoke-and-unanswered-questions-in-i-75-pileup-p-3.shtml" />
    <id>tag:www.charlestonpersonalinjuryblog.com,2012://3901.204747</id>

    <published>2012-02-19T19:51:06Z</published>
    <updated>2012-02-19T19:59:25Z</updated>

    <summary>We are picking up our discussion of the multi-vehicle series of wrecks on Interstate 75 a couple of weeks ago. The stretch of road where the accidents occurred was engulfed in smoke and fog at the time, and survivors said...</summary>
    <author>
        <name>The Bell Law Firm PLLC</name>
        <uri>http://www.charlestonpersonalinjuryblog.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=3901&amp;id=4041</uri>
    </author>
    
        <category term="Car Accidents" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="caraccidents" label="car accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="fatalaccidents" label="fatal accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="tractortrailers" label="tractor trailers" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.charlestonpersonalinjuryblog.com/">
        <![CDATA[<p>We are picking up our discussion of the multi-vehicle series of wrecks on Interstate 75 a couple of weeks ago. The stretch of road where the accidents occurred was engulfed in smoke and fog at the time, and survivors said that visibility deteriorated instantly. It was like hitting a wall of smoke, they said. Those who were lucky enough to pull over or to make it out of their vehicles quickly told stories of listening to <a href="http://www.belllaw.com/PracticeAreas/Car-Accidents.asp" target="_blank">cars and trucks crash</a> but not being able to see anything.</p>
<p>Eleven people died in those accidents, and 18 people were injured. Investigators have been looking into the decision to reopen the road just half an hour or 45 minutes before the first of the collisions. Visibility had been bad all night from a nearby brush fire and fog that had settled in that dip in the road (what officials refer to as a bowl).</p>]]>
        <![CDATA[<p>The state of Florida, where these accidents took place, has a set procedure for shutting down roads when visibility is bad. The state has implemented guidelines that rely on personal observation by state troopers or other officers on the road and the National Weather Service's Low Visibility Occurrence Risk Index that we discussed briefly last <a href="http://www.charlestonpersonalinjuryblog.com/2012/02/fog-smoke-and-unanswered-questions-in-i-75-pileup-p-2.shtml" target="_blank">Monday</a>. The index rating was borderline that night -- it was not high enough to require the roads be closed, but it was still a 6 on a 10-point scale.</p>
<p>This is where the "boots on the ground" reports come in. State troopers had called in earlier that visibility was bad, and the road was closed. When they reported that visibility had improved, state patrol leadership and the state's lieutenant governor decided to reopen the road. The interstate is a major route for trucking; businesses would feel the pinch if the road remained closed much longer, but safety is always a priority.</p>
<p>We'll finish this in a future post.</p>
<p><strong>Source</strong>: CBSNews.com, "<a href="http://www.cbsnews.com/8301-505245_162-57369523/few-guidelines-exist-on-when-to-shut-down-roads/" target="_blank">Few guidelines exist on when to shut down roads</a>," Curt Anderson, Mark Carlson, Greg Bluestein and David Sharp, Feb. 1, 2012</p>]]>
    </content>
</entry>

<entry>
    <title>Nursing Home Ranking System Has Mixed Results</title>
    <link rel="alternate" type="text/html" href="http://www.charlestonpersonalinjuryblog.com/2012/02/nursing-home-ranking-system-has-mixed-results.shtml" />
    <id>tag:www.charlestonpersonalinjuryblog.com,2012://3901.201666</id>

    <published>2012-02-17T17:20:11Z</published>
    <updated>2012-02-15T17:24:26Z</updated>

    <summary>Since 2009, the federal government has been assigning &quot;star rankings&quot; to nursing home facilities. Five-star facilities represent the pinnacle of care, while one-star facilities score &quot;much below average&quot; as compared with other nursing homes in their state. The ranking system...</summary>
    <author>
        <name>The Bell Law Firm PLLC</name>
        <uri>http://www.charlestonpersonalinjuryblog.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=3901&amp;id=4041</uri>
    </author>
    
        <category term="Nursing Home Abuse" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="forprofitnursinghomes" label="for-profit nursing homes" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="neglect" label="neglect" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="nursinghome" label="nursing home" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.charlestonpersonalinjuryblog.com/">
        <![CDATA[<p>Since 2009, the federal government has been assigning "star rankings" to nursing home facilities. Five-star facilities represent the pinnacle of care, while one-star facilities score "much below average" as compared with other nursing homes in their state.</p>
<p>The ranking system was designed to identify problem <a href="http://www.belllaw.com/PracticeAreas/Nursing-Home-Negligence.asp" target="_blank">nursing homes</a> and provide incentive to change. After all, it was thought, no business owner wants to be publicly identified as being one of the worst in their state at caring for the elderly.</p>]]>
        <![CDATA[<p>A recent USA Today analysis of federal Centers for Medicare and Medicaid Services data shows the ranking system is having, at best, mixed results.</p>
<p>While the total number of one-star homes has declined, many of the worst offenders seem permanently stuck in the bottom of the ranks - 564 homes housing 77,513 residents have received a one-star rating every year.</p>
<p>While a one-star rating can be issued for a variety of reasons, some of the common causes include dirty equipment, soiled linens, mistreatment of residents and unlicensed caregivers.</p>
<p>In addition to the persistent one-star homes, the analysis uncovered a number of interesting trends, including the following:</p>
<ul>
<li>Overall quality has improved. While 40 percent of homes received one- or two-star rankings in 2009, by 2011 that number had dropped to 35 percent. Similarly, 38 percent of homes received four- or five-star rankings in 2009, compared with 43 percent in 2011.</li></ul>
<ul>
<li>For-profit <a href="http://www.belllaw.com/PracticeAreas/Nursing-Home-Injuries.asp" target="_blank">nursing homes</a> are more likely to have consistently low rankings than non-profit homes are.</li></ul>
<ul>
<li>Twenty-two of the 277 nursing homes owned by the nation's largest chain consistently received one-star rankings. None consistently received five-star rankings.</li></ul>
<p>Low quality of care can sometimes be a precursor to nursing home abuse. If you're considering a nursing home for your loved one, be sure to check the home's ranking before making a commitment.</p>
<p><strong>Source</strong>: USA Today, "<a href="http://www.usatoday.com/news/nation/story/2012-02-10/nursing-home-federal-ratings/53031094/1" target="_blank">As Nursing Home Care Improves, Some Problems Slow to Mend</a>," Paul Monies, Feb 10, 2012.</p>]]>
    </content>
</entry>

<entry>
    <title>Fog, smoke and unanswered questions in I-75 pileup, p. 2</title>
    <link rel="alternate" type="text/html" href="http://www.charlestonpersonalinjuryblog.com/2012/02/fog-smoke-and-unanswered-questions-in-i-75-pileup-p-2.shtml" />
    <id>tag:www.charlestonpersonalinjuryblog.com,2012://3901.200424</id>

    <published>2012-02-13T19:09:33Z</published>
    <updated>2012-02-13T19:18:09Z</updated>

    <summary>The pictures of the wreckage from a series of accidents on Interstate 75 two weeks ago are horrifying. One survivor of the accident said it was like the end of the world, and the pictures bear that out. Debris is...</summary>
    <author>
        <name>The Bell Law Firm PLLC</name>
        <uri>http://www.charlestonpersonalinjuryblog.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=3901&amp;id=4041</uri>
    </author>
    
        <category term="Car Accidents" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="caraccidents" label="car accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="fatalcrash" label="fatal crash" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="tractortrailers" label="tractor trailers" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.charlestonpersonalinjuryblog.com/">
        <![CDATA[<p>The pictures of the wreckage from a series of accidents on Interstate 75 two weeks ago are horrifying. One survivor of the accident said it was like the end of the world, and the pictures bear that out. Debris is scattered across the road; the mangled remains of vehicles continue to smoke from a fire that was hot enough to burn a <a href="http://www.belllaw.com/PracticeAreas/Truck-Motorcycle-Accidents.asp" target="_blank">tractor trailer</a> down to its skeleton.</p>
<p>Witnesses to the crashes said visibility was zero on that section of the highway. A nearby brush fire had sent smoke into the dip on the highway, and fog had rolled in. The conditions were bad enough earlier in the night for the state to close the road. But about half an hour before the accidents, the lieutenant governor had decided to reopen the road.</p>]]>
        <![CDATA[<p>Florida, where this happened, has its own policies and procedures for determining if visibility is bad enough to close the roads. The area has experience with smoke and fog. The state patrol and state officials evaluate conditions, using information from troopers in the affected area and other weather data.</p>
<p>One tool is the National Weather Service's Low Visibility Occurrence Risk Index. The index uses a scale of 1 to 10 to rate the dispersion of humidity and smoke in the air. A score of 7 or higher usually means that the authorities should close the road. The Weather Service predicted an index of 6 the night of the accidents.</p>
<p>According to the National Weather Service, though,&nbsp;the index is not infallible. We'll explain further in our next post.</p>
<p><strong>Source</strong>: CBSNews.com, "<a href="http://www.cbsnews.com/8301-505245_162-57369523/few-guidelines-exist-on-when-to-shut-down-roads/" target="_blank">Few guidelines exist on when to shut down roads</a>," Curt Anderson, Mark Carlson, Greg Bluestein and David Sharp, Feb. 1, 2012</p>]]>
    </content>
</entry>

<entry>
    <title>Fog, smoke and unanswered questions in I-75 pileup</title>
    <link rel="alternate" type="text/html" href="http://www.charlestonpersonalinjuryblog.com/2012/02/fog-smoke-and-unanswered-questions-in-i-75-pileup.shtml" />
    <id>tag:www.charlestonpersonalinjuryblog.com,2012://3901.200034</id>

    <published>2012-02-11T20:56:03Z</published>
    <updated>2012-02-11T21:00:34Z</updated>

    <summary>Investigators are slowly unraveling the series of events leading up to the deadly series of accidents on Interstate 75 last week. For friends and family members of the 11 people killed and 18 people injured, it must seem that every...</summary>
    <author>
        <name>The Bell Law Firm PLLC</name>
        <uri>http://www.charlestonpersonalinjuryblog.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=3901&amp;id=4041</uri>
    </author>
    
        <category term="Car Accidents" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="fatalcaraccidents" label="fatal car accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="tractortrailers" label="tractor trailers" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.charlestonpersonalinjuryblog.com/">
        <![CDATA[<p>Investigators are slowly unraveling the series of events leading up to the deadly series of accidents on Interstate 75 last week. For friends and family members of the 11 people killed and 18 people injured, it must seem that every answer comes with a new question. Two issues are particularly puzzling, the first dealing with the decision to reopen the road and the second dealing with two <a href="http://www.belllaw.com/PracticeAreas/Truck-Motorcycle-Accidents.asp" target="_blank">tractor trailers</a> involved in the southbound crashes.</p>
<p>As we mentioned last week, these accidents occurred hundreds of miles away from Charleston. In the aftermath, though, state and federal highway departments are taking a closer look at how they deal with visibility conditions.</p>]]>
        <![CDATA[<p>One detail of the conditions that night should resonate with West Virginians. The road is flat and straight, for the most part, but at the site of the crashes it dips. The bowl-shaped hollow served as a catch pen for fog and smoke that night. Motorists described descending into that bowl and hitting a wall of fog and smoke; in an instant, they couldn't see past the front end of their truck or car. One family said they hit the smog and stopped in the road; seconds later, they heard vehicles colliding around them.</p>
<p>The accident was in Florida, and that state has a long enough history with visibility issues that the highway department has adopted specific protocols for situations like this. The decision to close a road ultimately rests with the lieutenant governor, but a team of highway patrol personnel evaluate the conditions together. They rely on information from troopers in the area and on the Low Visibility Occurrence Risk Index score issued by the National Weather Service.</p>
<p>We'll get into that in more detail in our next post.</p>
<p><strong>Sources</strong>:</p>
<p>CBSNews.com, "<a href="http://www.cbsnews.com/8301-505245_162-57369523/few-guidelines-exist-on-when-to-shut-down-roads/" target="_blank">Few guidelines exist on when to shut down roads</a>," Curt Anderson, Mark Carlson, Greg Bluestein and David Sharp, Feb. 1, 2012</p>
<p>Ocala.com, "Anatomy of a tragedy: I-75 crashes," Cindy Swirko, Feb. 4, 2012</p>]]>
    </content>
</entry>

<entry>
    <title>Coal mining accidents greatly reduced from a year ago</title>
    <link rel="alternate" type="text/html" href="http://www.charlestonpersonalinjuryblog.com/2012/02/coal-mining-accidents-greatly-reduced-from-a-year-ago.shtml" />
    <id>tag:www.charlestonpersonalinjuryblog.com,2012://3901.199296</id>

    <published>2012-02-10T19:55:43Z</published>
    <updated>2012-02-10T20:00:13Z</updated>

    <summary>West Virginia, one of the nation&apos;s largest mining districts, has improved its mine safety dramatically in the last year, reducing the number of coal mining accidents. According to The Mine Safety and Health Administration&apos;s District 4, there are currently 66...</summary>
    <author>
        <name>The Bell Law Firm PLLC</name>
        <uri>http://www.charlestonpersonalinjuryblog.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=3901&amp;id=4041</uri>
    </author>
    
        <category term="Coal Mining Accidents" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="coalmineaccident" label="coal mine accident" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="safety" label="safety" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.charlestonpersonalinjuryblog.com/">
        <![CDATA[<p>West Virginia, one of the nation's largest mining districts, has improved its mine safety dramatically in the last year, reducing the number of <a href="http://www.belllaw.com/PracticeAreas/Coal-Mining-Timber-Accidents.asp" target="_blank">coal mining accidents</a>. According to The Mine Safety and Health Administration's District 4, there are currently 66 surface mines and 89 underground mines operating in southern West Virginia.</p>
<p>A year ago, mine safety was in question because there were 249 accidents during one quarter and all of the accidents except 62, involved injuries to workers. Mine management made an effort to reduce worker injury right away and the next month they were able to reduce the number of accidents to 179, and of those, 33 had no injuries. This was a significant drop of workplace injuries.</p>]]>
        <![CDATA[<p>Managers of the mines have been continually working to ensure that their mines are compliant and by doing so, the number of citations has also been reduced. So far for 2012, there have only been 14 accidents and half of those had no injuries, a dramatic improvement and a great way to start the year.</p>
<p>Coal mining by nature, is a high-risk profession and it involves a lot of safety and health issues. The dangers of the job involve working with earthmoving equipment, power shovels, draglines, mining and blasting. If you become injured, you need to seek the expertise of a personal injury attorney that specializes in the coal mining industry. A personal injury attorney will understand what is involved with the job and will be your advocate in getting the benefits you are entitled to under the law.</p>
<p><strong>Source: </strong>The Republic, "<a href="http://www.therepublic.com/view/story/fcf057fed5154e16b25fc7347e7538dc/WV--Mine-Safety-Biggest-District/" target="_blank">MSHA says accidents in southern W. Va., agency's biggest coal mining district, are declining</a>," Feb. 1, 2012</p>]]>
    </content>
</entry>

<entry>
    <title>Family suing over wrongful death</title>
    <link rel="alternate" type="text/html" href="http://www.charlestonpersonalinjuryblog.com/2012/02/family-suing-over-wrongful-death.shtml" />
    <id>tag:www.charlestonpersonalinjuryblog.com,2012://3901.195067</id>

    <published>2012-02-03T14:20:36Z</published>
    <updated>2012-02-03T14:23:00Z</updated>

    <summary>The untimely death of a family member is hard to accept, but when you feel that the person died because of negligence, it compounds your feelings of loss. A woman is suing Primecare Medical because she feels that they are...</summary>
    <author>
        <name>The Bell Law Firm PLLC</name>
        <uri>http://www.charlestonpersonalinjuryblog.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=3901&amp;id=4041</uri>
    </author>
    
        <category term="Wrongful Death" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="wrongfuldeath" label="Wrongful death" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="personalinjury" label="personal injury" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.charlestonpersonalinjuryblog.com/">
        <![CDATA[<p>The untimely death of a family member is hard to accept, but when you feel that the person died because of negligence, it compounds your feelings of loss. A woman is suing Primecare Medical because she feels that they are responsible for the <a href="http://www.belllaw.com/" target="_blank">wrongful death</a> of her loved one.</p>
<p>The victim in this case was detained in a regional jail facility December 31, 2009 and soon after became ill. The suit claims that the defendants did not assess or monitor the victim when he complained of severe stomach pain. Also, according to the suit:</p>]]>
        <![CDATA[<ul>
<li>The complaints and symptoms reported by the victim were not relayed to a physician or sent to a hospital for evaluation and possible treatment.</li>
<li>Lab tests were ordered by the jail physician, but not all of the tests were given.</li>
<li>The defendants did not call or report the abnormal CBC results to the jail physician.</li></ul>
<p>The suit claims that as a result of this negligence, the victim died January 10, 2010. <br /><br />This is an extreme case and hard for this family to accept. The death of this individual may not be due to the direct actions of the defendants, but they may have created conditions that led to the victim's death and could be held legally liable for his wrongful death. Only the expertise of an attorney specializing in personal injury, can determine whether you have a case. They understand how to collect and analyze evidence and can recreate what happened. Also, if the victim was the head of the household, financial needs of the surviving family would need to be taken into consideration.</p>
<p>The family of the victim in this case is seeking compensatory as well as punitive damages.</p>
<p><strong>Source: </strong>The Record, "<a href="http://www.wvrecord.com/news/241151-woman-blames-primecare-medical-for-family-members-death" target="_blank">Woman blames Primecare Medical for family member's death</a>," Kyla Asbury, Jan. 23, 2012</p>]]>
    </content>
</entry>

<entry>
    <title>I-75 pileup leaves 10 dead, 18 injured and nation in shock</title>
    <link rel="alternate" type="text/html" href="http://www.charlestonpersonalinjuryblog.com/2012/01/i-75-pileup-leaves-10-dead-18-injured-and-nation-in-shock.shtml" />
    <id>tag:www.charlestonpersonalinjuryblog.com,2012://3901.191651</id>

    <published>2012-01-30T19:36:39Z</published>
    <updated>2012-01-30T19:42:18Z</updated>

    <summary>In West Virginia, a stretch of straight, flat highway is a rare thing. To non-natives driving the state&apos;s roads, the twists and turns and mountains and valleys can be pretty scary. Early Sunday morning, an accident along Interstate 75 proved...</summary>
    <author>
        <name>The Bell Law Firm PLLC</name>
        <uri>http://www.charlestonpersonalinjuryblog.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=3901&amp;id=4041</uri>
    </author>
    
        <category term="Car Accidents" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="caraccidents" label="car accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="fatalaccidents" label="fatal accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="tractortrailers" label="tractor trailers" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.charlestonpersonalinjuryblog.com/">
        <![CDATA[<p>In West Virginia, a stretch of straight, flat highway is a rare thing. To non-natives driving the state's roads, the twists and turns and mountains and valleys can be pretty scary. Early Sunday morning, an accident along Interstate 75 proved that straight and flat doesn't always mean safe. A series of <a href="http://www.belllaw.com/PracticeAreas/Truck-Motorcycle-Accidents.asp" target="_blank">accidents</a> involving cars and tractor trailers resulted in the deaths of 10 people and sent 18 more to the hospital.</p>
<p>The section of highway strewn with wreckage for most of Sunday lies some 800 miles away from Charleston. Survivors and emergency personnel reported that poor visibility, caused by fog and the smoke form a nearby brush fire, was a major factor in the pileup and hampered rescue efforts for hours after the accident.</p>]]>
        <![CDATA[<p>Police said the highway had been closed earlier, again because of the smoke and fog. The road reopened some time before the collisions started at 3:45 a.m.</p>
<p>By the time rescuers arrived, six tractor trailers and at least a dozen cars were crushed, crashed into or on fire. Witnesses said that one truck was burned down to its skeleton and the tires on every vehicle were gone -- only the steel belts remained. Wreckage and debris were scattered across I-75's six lanes for about a mile.</p>
<p>Rescuers said they had to listen for victims' screams and moans to locate them in the haze. Firefighters spent hours putting out the fires.</p>
<p>A man who escaped his vehicle with his passenger in time to avoid injury described a horrific scene. Traffic stopped, he said, and he started talking to a man in the car next to his. That car was struck from behind and crushed under the truck ahead of it. The survivor said he and his passenger made it to the shoulder of the road as vehicles crashed and exploded around them. He told reporters that "it looked like the end of the world."</p>
<p>Investigators from the National Transportation Safety Board arrived today. They have not decided if the agency will be involved. Forest Service investigators are looking into the cause of the brush fire. Some have speculated that it was set deliberately.</p>
<p><strong>Source</strong>: Associated Press, "<a href="http://news.yahoo.com/cause-sought-deadly-fla-highway-pileup-084431761.html" target="_blank">Cause sought for deadly Fla. highway pileup</a>," Mike Schneider, Jan. 30, 2012</p>]]>
    </content>
</entry>

<entry>
    <title>Consumers file class action saying Shape-ups should ship out</title>
    <link rel="alternate" type="text/html" href="http://www.charlestonpersonalinjuryblog.com/2012/01/consumers-file-class-action-saying-shape-ups-should-ship-out.shtml" />
    <id>tag:www.charlestonpersonalinjuryblog.com,2012://3901.190661</id>

    <published>2012-01-27T18:23:01Z</published>
    <updated>2012-01-27T18:39:25Z</updated>

    <summary>West Virginia offers plenty of opportunities for exercise every day. In some parts of the state, just walking to the car in the morning can mean a couple of miles on cross-country skis. For those of us who want less...</summary>
    <author>
        <name>The Bell Law Firm PLLC</name>
        <uri>http://www.charlestonpersonalinjuryblog.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=3901&amp;id=4041</uri>
    </author>
    
        <category term="Product Liability" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="classaction" label="Class Action" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="defectiveproduct" label="Defective Product" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="seriousinjury" label="serious injury" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.charlestonpersonalinjuryblog.com/">
        <![CDATA[<p>West Virginia offers plenty of opportunities for exercise every day. In some parts of the state, just walking to the car in the morning can mean a couple of miles on cross-country skis. For those of us who want less strenuous exercise, Skechers developed the Shape-up line of footwear. Now, dozens of individuals are dealing with serious <a href="http://www.belllaw.com/PracticeAreas/Product-Defects.asp" target="_blank">injuries</a> from using the special shoes.</p>
<p>The shoes' design is defective, according to a class-action lawsuit filed by 37 victims. In addition to citing serious injuries ranging from hip fractures and torn cartilage, individuals claimed negligence and fraud.</p>]]>
        <![CDATA[<p>Skechers claim its Shape-up shoes are a workout, according to commercials. The shoe's rolling bottom is a patented design, the company touts, challenging an individual's way of walking. Because different muscles are being used, the individual firms up.</p>
<p>One customer reports buying a pair of Shape-ups about 18 months ago; she was inspired by an ad. During the first few months, the woman slightly twisted her ankle twice. Serious injury occurred after nine months of wear. Tendons were torn, as were ligaments, in her left ankle.</p>
<p>The plaintiffs' attorney states some of these injuries occurred during falls, while other customers were hurt from wearing the shoes all day, every day for months. The attorney added that it's no wonder people are having trouble, because the shoes change the way they walk. It turns out Skechers did not perform any safety testing on the shoes, but this information was not shared with the public.</p>
<p>Skechers may have caught the attention of the Federal Trade Commission, too. Reebok's false claims about its toning shoes -- similar to Shape-ups -- led to a $25 million fine from the FTC.</p>
<p><strong>Source</strong>: 10News.com, "<a href="http://www.10news.com/news/30211433/detail.html?hpt=us_bn7" target="_blank">Lawsuit Claims Dozens Injured By Company's Special Shoes</a>," Jan. 13, 2012</p>]]>
    </content>
</entry>

<entry>
    <title>Man caught after fleeing scene of accident</title>
    <link rel="alternate" type="text/html" href="http://www.charlestonpersonalinjuryblog.com/2012/01/man-caught-after-fleeing-scene-of-accident.shtml" />
    <id>tag:www.charlestonpersonalinjuryblog.com,2012://3901.185431</id>

    <published>2012-01-24T23:07:17Z</published>
    <updated>2012-01-24T23:09:38Z</updated>

    <summary>West Virginia law enforcement officials recently caught and arrested a man responsible for causing an accident and leaving the scene. The car accident resulted in three injuries. In addition to being wanted for the hit and run accident, the man...</summary>
    <author>
        <name>The Bell Law Firm PLLC</name>
        <uri>http://www.charlestonpersonalinjuryblog.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=3901&amp;id=4041</uri>
    </author>
    
        <category term="Car Accidents" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="caraccidents" label="car accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="hitandrun" label="hit and run" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.charlestonpersonalinjuryblog.com/">
        <![CDATA[<p>West Virginia law enforcement officials recently caught and arrested a man responsible for causing an accident and leaving the scene. The <a href="http://www.belllaw.com/PracticeAreas/Car-Accidents.asp" target="_blank">car accident </a>resulted in three injuries. In addition to being wanted for the hit and run accident, the man was also wanted on other felony charges. He is awaiting trial for the charges he faces.</p>
<p>The man was driving his vehicle, with two passengers, and struck another vehicle. Before authorities and emergency service workers could arrive on the scene, the man fled, which is likely due to the warrants out for his arrest. The two passengers in his car and the driver of the car he hit were all taken to the hospital to be treated for injuries.</p>]]>
        <![CDATA[<p>Local police, in conjunction with other law enforcement agencies, were able to locate the man in an apartment closet. He was arrested and put in a regional jail.</p>
<p>The man is thought to be a high flight risk, since he has tried on multiple occasions to evade authorities. This past summer, he ran out of court when he was being tried on charges unrelated to the accident. Also, he was accused of giving police the wrong identification information in order to avoid arrest. Since his arrest, the man had his bail set at $90,000 to be paid in cash only.</p>
<p>Dealing with an accident is always a stressful experience, so an accident victim should not have to deal with the responsible party leaving the scene. Thankfully the man responsible for this accident was apprehended. The hope is that the injured will find some justice for their inconvenience and suffering.</p>
<p><strong>Source:</strong> WYMT TV, "<a href="http://www.wkyt.com/wymt/home/headlines/Man_wanted_in_West_Virginia_hit_and_run_captured_137748948.html" target="_blank">Man wanted in West Virginia hit and run captured</a>," Jan. 20, 2012</p>]]>
    </content>
</entry>

<entry>
    <title>FDA calls for more vaginal mesh studies, still no recall, p. 2</title>
    <link rel="alternate" type="text/html" href="http://www.charlestonpersonalinjuryblog.com/2012/01/fda-calls-for-more-vaginal-mesh-studies-still-no-recall-p-2.shtml" />
    <id>tag:www.charlestonpersonalinjuryblog.com,2012://3901.184040</id>

    <published>2012-01-21T19:32:54Z</published>
    <updated>2012-01-21T19:38:09Z</updated>

    <summary>In 2010 alone, manufacturers sold more than 300,000 vaginal mesh devices in this country. Physicians implanted the devices in women to treat incontinence or pelvic organ prolapse. The devices were approved by the Food and Drug Administration, but more than...</summary>
    <author>
        <name>The Bell Law Firm PLLC</name>
        <uri>http://www.charlestonpersonalinjuryblog.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=3901&amp;id=4041</uri>
    </author>
    
        <category term="Product Liability" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="fda" label="FDA" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="medicaldevice" label="medical device" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="vaginalimplants" label="vaginal implants" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.charlestonpersonalinjuryblog.com/">
        <![CDATA[<p>In 2010 alone, manufacturers sold more than 300,000 vaginal mesh devices in this country. Physicians implanted the devices in women to treat incontinence or pelvic organ prolapse. The devices were approved by the Food and Drug Administration, but more than 600 women learned that FDA approval does not guarantee that a <a href="http://www.belllaw.com/PracticeAreas/West-Virginia-Transvaginal-Mesh-Device-Recall-Attorneys.asp" target="_blank">product is safe</a>. Manufacturers did not test the devices on women before they sent them to market.</p>
<p>As we said in our last post, the FDA has asked vaginal mesh manufacturers to backtrack a bit and conduct clinical trials on the devices for three years. The FDA's own research has raised questions about the devices' effectiveness compared to other products. Consumer advocates and injured women have been raising questions about safety for some time.</p>]]>
        <![CDATA[<p>Testing wasn't necessary because the products were closely related to an existing, FDA-approved product already on the market. According to Bloomberg News, though, some fast-track approvals were based on a mesh product that had been recalled in 1999.</p>
<p>The new study mandate falls short of a recall, much to the disappointment of a growing number of critics. In fact, critics accuse the FDA of dragging its feet to protect women but rushing products to market to placate the medical device industry.</p>
<p>Patient advocates hope that the mere fact of the clinical studies will warn women off the devices. One speculated that companies are going to find it difficult to recruit women for the studies -- they are already aware of the potential complications, so why would they sign up?</p>
<p>Few manufacturers have responded to the FDA's notice, much less to the press. A J&amp;J representative said that its Ethicon devices are "already among the most studied devices on the market." He added that the company supports clinical trials.</p>
<p><strong>Source</strong>: BusinessWeek.com, "<a href="http://www.businessweek.com/news/2012-01-10/j-j-c-r-bard-must-study-safety-of-vaginal-mesh-fda-says.html" target="_blank">J&amp;J, C.R. Bard Must Study Safety of Vaginal Mesh, FDA Says</a>," Alex Nussbaum and David Voreacos, Jan. 10, 2012</p>]]>
    </content>
</entry>

<entry>
    <title>FDA calls for more vaginal mesh studies, still no recall</title>
    <link rel="alternate" type="text/html" href="http://www.charlestonpersonalinjuryblog.com/2012/01/fda-calls-for-more-vaginal-mesh-studies-still-no-recall.shtml" />
    <id>tag:www.charlestonpersonalinjuryblog.com,2012://3901.183086</id>

    <published>2012-01-19T20:17:47Z</published>
    <updated>2012-01-19T20:26:40Z</updated>

    <summary>The Food and Drug Administration &quot;fast-tracked&quot; the approval process for vaginal mesh products through its 510(k) system. Because the products were similar to existing products, manufacturers were not required to conduct clinical trials. After hundreds of complaints from injured consumers,...</summary>
    <author>
        <name>The Bell Law Firm PLLC</name>
        <uri>http://www.charlestonpersonalinjuryblog.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=3901&amp;id=4041</uri>
    </author>
    
        <category term="Product Liability" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="fda" label="FDA" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="medicaldevice" label="medical device" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="productliability" label="product liability" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="safety" label="safety" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.charlestonpersonalinjuryblog.com/">
        <![CDATA[<p>The Food and Drug Administration "fast-tracked" the approval process for vaginal mesh products through its 510(k) system. Because the products were similar to existing products, manufacturers were not required to conduct clinical trials. After hundreds of complaints from injured consumers, the agency has directed the manufacturers to study the devices' <a href="http://www.belllaw.com/PracticeAreas/West-Virginia-Transvaginal-Mesh-Device-Recall-Attorneys.asp" target="_blank">safety and effectiveness</a> for the next three years.</p>
<p>The failure rate of the devices has added to mounting criticism of the 510(k) system as well as the products. Injured women have filed more than 650 lawsuits against manufacturers. The FDA itself issued a report last summer about the adverse effects of vaginal mesh. The data showed that the devices were linked to greatly increased health risks, including death, injuries and malfunctions.</p>]]>
        <![CDATA[<p>Without human trials, the manufacturers have put the products into the marketplace without any data to back up their claims of safety and effectiveness. As one patient advocate and mesh recipient said, "It's all been marketing."</p>
<p>In September 2011, an advisory panel urged the FDA to reclassify mesh used to treat some conditions as "high-risk" devices that require human testing. The agency has neither agreed nor disagreed. Nor has agency leadership responded to the growing cries to recall the devices.</p>
<p>The agency sticks to its argument that more data is needed before they take any further steps. According to one agency official, some researchers believe that the devices may be appropriate in some circumstances but not in others. That's why more research is needed -- the agency wants "to make sure the right women use it at the right time," he explained.</p>
<p><em>Continued in our next post.</em></p>
<p><strong>Source</strong>: BusinessWeek.com, "<a href="http://www.businessweek.com/news/2012-01-10/j-j-c-r-bard-must-study-safety-of-vaginal-mesh-fda-says.html" target="_blank">J&amp;J, C.R. Bard Must Study Safety of Vaginal Mesh, FDA Says</a>," Alex Nussbaum and David Voreacos, Jan. 10, 2012</p>]]>
    </content>
</entry>

<entry>
    <title>Last of UBB families settle with Alpha after 5 days of mediation</title>
    <link rel="alternate" type="text/html" href="http://www.charlestonpersonalinjuryblog.com/2012/01/last-of-ubb-families-settle-with-alpha-after-5-days-of-mediation.shtml" />
    <id>tag:www.charlestonpersonalinjuryblog.com,2012://3901.181280</id>

    <published>2012-01-14T19:10:42Z</published>
    <updated>2012-01-14T19:25:11Z</updated>

    <summary>Five days of mediation sessions ended early this week when the remaining families of the victims of the Upper Big Branch mine disaster agreed to settle. If approved by the West Virginia court, this settlement marks the end of wrongful...</summary>
    <author>
        <name>The Bell Law Firm PLLC</name>
        <uri>http://www.charlestonpersonalinjuryblog.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=3901&amp;id=4041</uri>
    </author>
    
        <category term="Coal Mining Accidents" scheme="http://www.sixapart.com/ns/types#category" />
    
        <category term="Wrongful Death" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="masseyenergy" label="Massey Energy" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="upperbigbranch" label="Upper Big Branch" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="restitution" label="restitution" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="settlement" label="settlement" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="wrongfuldeath" label="wrongful death" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.charlestonpersonalinjuryblog.com/">
        <![CDATA[<p>Five days of mediation sessions ended early this week when the remaining families of the victims of the Upper Big Branch mine disaster agreed to settle. If approved by the West Virginia court, this settlement marks the end of <a href="http://www.belllaw.com/PracticeAreas/Wrongful-Death.asp" target="_blank">wrongful death</a> and personal injury claims against Alpha Natural Resources, the owner of Massey Energy.</p>
<p>The details of the settlement agreement and the talks will remain confidential. Sources confirmed, however, that the families of the 29 miners who died as well as the seven miners injured -- or traumatized -- in the blast accepted some kind of compensation.</p>]]>
        <![CDATA[<p>The settlement also completes part of Alpha's deal with the U.S. Department of Justice. Alpha agreed last month to pay <a href="http://www.charlestonpersonalinjuryblog.com/2011/12/ubb-disaster-settlement-could-lead-to-industry-and-agency-reforms.shtml" target="_blank">restitution</a> to the victims' families; in turn, the Justice Department agreeing not to pursue criminal charges against the corporation.</p>
<p>Alpha may have dodged corporate criminal liability, but Massey executives are not out of the woods yet -- not, at least, if the families have any say. An attorney who represents two of the families said that the settlement will help them move forward with their lives, but the settlement in no way means that justice has been served. "We believe somebody needs to go to prison," the attorney told the press.</p>
<p>The U.S. Attorney's office has not decided whether to file criminal charges against Massey executives and UBB mine managers.</p>
<p>Several families had settled with Massey last year. According to a company representative, Massey offered each family $3 million, twice the amount agreed to in Alpha's deal with the Justice Department.</p>
<p>The mediator comes from a firm that was involved with the September 11th Victim Compensation Fund as well as talks related to BP's Deepwater Horizon oil rig explosion and spill.</p>
<p><strong>Source</strong>: NPR.org, "<a href="http://www.npr.org/blogs/thetwo-way/2012/01/10/144961013/mine-disaster-settlement-talks-enter-fifth-day" target="_blank">Settlements Reached With Families Of W.Va. Miners</a>," Howard Berkes, Jan. 10, 2012</p>]]>
    </content>
</entry>

<entry>
    <title>Safety advocates not bullish on Build-A-Bear after recalls, p. 2</title>
    <link rel="alternate" type="text/html" href="http://www.charlestonpersonalinjuryblog.com/2012/01/safety-advocates-not-bullish-on-build-a-bear-after-recalls-p-2.shtml" />
    <id>tag:www.charlestonpersonalinjuryblog.com,2012://3901.178810</id>

    <published>2012-01-09T20:50:08Z</published>
    <updated>2012-01-09T20:55:12Z</updated>

    <summary>We were talking about the recall of a Build-A-Bear product just a few days before Christmas. The company says it voluntarily recalled the product, the Colorful Hearts Teddy Bear, after it discovered a manufacturing defect. According to a Build-A-Bear spokesman,...</summary>
    <author>
        <name>The Bell Law Firm PLLC</name>
        <uri>http://www.charlestonpersonalinjuryblog.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=3901&amp;id=4041</uri>
    </author>
    
        <category term="Product Liability" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="consumerproductsafetycommission" label="Consumer Product Safety Commission" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="defectiveproduct" label="Defective Product" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="childrensproduct" label="children&apos;s product" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="recall" label="recall" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.charlestonpersonalinjuryblog.com/">
        <![CDATA[<p>We were talking about the recall of a Build-A-Bear product just a few days before Christmas. The company says it voluntarily recalled the product, the Colorful Hearts Teddy Bear, after it discovered a manufacturing <a href="http://www.belllaw.com/PracticeAreas/Baby-Child-Product-Recalls.asp" target="_blank">defect</a>. According to a Build-A-Bear spokesman, internal testing revealed that the manufacturing facility, in China, had used "substandard" material in some production runs.</p>
<p>This was the third recall for the company since August 2011. Last year also saw the company settle a complaint brought by the U.S. Consumer Product Safety Commission regarding a 2009 recall.</p>]]>
        <![CDATA[<p>Build-A-Bear maintains the company received no injury reports for the products recalled in 2011. The recalls were voluntary, and the company notified the commission as soon as possible. But consumer advocates are concerned about the company's recent record, especially the settlement with the commission.</p>
<p>The 2009 incident was different from the 2011 recalls. The company recalled about 200,000 toy beach chairs sold between about 2002 and 2009. The defect in that case was the sharp edges on the chair's frame that could pinch or, worse, amputate a child's fingertip.</p>
<p>What concerns advocates is that the company continued to sell the items from 2007 to 2009 even though the company received 10 injury reports during that time. The law requires companies to report injuries or information regarding safety risks within 24 hours to the product safety commission. The $600,000 settlement covered the penalties.</p>
<p>For the company, though, the recalls -- all of which were voluntary -- prove Build-A-Bear's commitment to product safety. The settlement included no admission of wrongdoing.</p>
<p><strong>Source</strong>: StLToday.com, "<a href="http://www.stltoday.com/business/local/build-a-bear-issues-third-toy-recall-this-year/article_c752e2eb-668a-5c31-8130-4059a64355bc.html" target="_blank">Build-A-Bear issues third toy recall this year</a>," Kavita Kumar, Dec. 24, 2011</p>]]>
    </content>
</entry>

<entry>
    <title>Safety advocates not bullish on Build-A-Bear after recalls</title>
    <link rel="alternate" type="text/html" href="http://www.charlestonpersonalinjuryblog.com/2012/01/safety-advocates-not-bullish-on-build-a-bear-after-recalls.shtml" />
    <id>tag:www.charlestonpersonalinjuryblog.com,2012://3901.176391</id>

    <published>2012-01-04T19:56:27Z</published>
    <updated>2012-01-04T20:06:55Z</updated>

    <summary>An untold number of presents went unopened this year after Build-A-Bear Workshop recalled its &quot;Colorful Hearts Teddy Bears&quot; just days before Christmas. The company realized the bear&apos;s plastic eyes pose a choking hazard to children and notified the U.S. Consumer...</summary>
    <author>
        <name>The Bell Law Firm PLLC</name>
        <uri>http://www.charlestonpersonalinjuryblog.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=3901&amp;id=4041</uri>
    </author>
    
        <category term="Product Liability" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="consumerproductsafetycommission" label="Consumer Product Safety Commission" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="defectiveproduct" label="Defective Product" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="childrensproduct" label="children&apos;s product" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="recall" label="recall" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.charlestonpersonalinjuryblog.com/">
        <![CDATA[<p>An untold number of presents went unopened this year after Build-A-Bear Workshop recalled its "Colorful Hearts Teddy Bears" just days before Christmas. The company realized the bear's plastic eyes pose a choking hazard to children and notified the U.S. Consumer Product Safety Commission immediately. The company found the <a href="http://www.belllaw.com/PracticeAreas/Baby-Child-Product-Recalls.asp" target="_blank">defect</a> through internal testing, a spokesperson said, rather than a reported injury.</p>
<p>In fact, the company maintains that it has not received any injury reports about the bear. Nor did Build-A-Bear receive injury reports regarding the toys it recalled in November and August. Also this year, the company settled a 2009 complaint from the commission.</p>]]>
        <![CDATA[<p>At least one consumer safety advocate calls the company's recent record "troubling." While the company's public statement says the defect was the result of "substandard fabric" being used in some production runs, the advocate points to the inherent danger of including plastic eyes on any child's toy. Kids kiss and chew their toys, he said, and the first things to go are the eyes.</p>
<p>The&nbsp;most recent&nbsp;recall involved 297,200 bears sold between April and December 2011. Consumers purchased the bears for $18 at bricks-and-mortar stores as well as online. In November, the company recalled almost 21,000 inflatable toy inner tubes when a consumer reported that a 3-year-old girl had pulled the tube over her head and had trouble getting free.</p>
<p>In August, Build-A-Bear recalled a lapel pin after a consumer health advocacy group reported that the paint contained too much lead. The 2009 recall (the subject of the settlement) was for toy bear beach chairs that had edges sharp enough to pinch or even to amputate a child's fingertip.</p>
<p>The recall itself was not the issue, though. We'll explain in our next post.</p>
<p><strong>Source</strong>: StLToday.com, "<a href="http://www.stltoday.com/business/local/build-a-bear-issues-third-toy-recall-this-year/article_c752e2eb-668a-5c31-8130-4059a64355bc.html" target="_blank">Build-A-Bear issues third toy recall this year</a>," Kavita Kumar, Dec. 24, 2011</p>]]>
    </content>
</entry>

</feed>
