The Enzyte class action lawsuit refers an late 2010 research study that was published in the Archives of Internal Medicine that revealed that study participants had a prolonged “QT interval,” which can reult in a higher risk of heart arrhythmia and sudden death. Even though dietary supplements are not regultaed by the FDAthe study found that Enzyte contains substances that can be as powerfull as some prescription heart rhythm medications. Erectile dysfunction is a widespread problem that countless numbers of men try to solve through dietary supplements and without consultation from a physician. This results in great risk to a large segment of the male population.

Enzyte is sold as a “once daily tablet for natural male enhancement” that is “trusted by over 5 million users.” So, according to the lawsuit, there are over 5 million male consumers have probably unknowingly been placed at higher risk for possibly deadly heart arrhythmia.

The lawsuit claims, “Despite the real threat of consumer death, [Vianda and CVS] provide no warnings of these potential side effects…This callous disregard for consumer health is inexcusable”.

The Enzyte Class Action Lawsuit is brought on behalf of all persons who purchased Enzyte in California for personal use and is seeking a refund of the $40 purchase price to all class members, among other relief.

Kia Motors will be recalling in excess of 70, 000 Optima midsize sedans to correct transmission complications that could cause the cars to roll even while they are in park. The vehicles are from the 2006 through 2008 model years and were produced from September of 2005 to June of 2007.

Kia says a cable can detach from the shifter assembly, and even though an driver puts the automobile in park, it would remain in the last gear that was utilized. The corporation says the cars can move if the motorist doesn’t make use of the parking brake.

Kia claims in documents filed with the National Highway Traffic Safety Administration that no injuries have been documented as a result of issue.

The recall is expected to begin this month. ]]> http://classactionlawsuits.biz/kia-optima-transmission-recall/feed 0 http://classactionlawsuits.biz/toro-snow-blower-class-action-lawsuit http://classactionlawsuits.biz/toro-snow-blower-class-action-lawsuit#comments Thu, 07 Oct 2010 21:23:18 +0000 raiko http://classactionlawsuits.biz/?p=158 Toro has recalled certain snow blowers due to possible fire hazards. Toro has received nearly 2,200 reports of carburetor leaks in certain blowers. So far no injuries or fires have been reported but there are possible risks.

The recall includes the Toro Power Clear 180 single stage snow blowers with the model numbers 38272 and 38282. The serial numbers that are included in the current recall are 310000001 through 310999999. There is a decal on the lower right side of the snow blowers that contain the model and serial number.  It is recommended that you check your blower to see if it needs repair.

CPSC and Pottery Barn Kids have so far received 36 reports of drop sides that have malfunctioned or detached. The result has been seven minor injuries when children either fell out of the cribs or their legs became caught between the mattress and the drop side. One child even became entrapped at the head between the drop side and crib mattress but was fortunately freed without injury.

Mr. Alvarez’s suit claims that after his data throughput was capped his phone became “essentially useless for anything other than making or receiving phone calls and text messages”. This is what is called bandwidth throttling. Basically the data provider claims unlimited usage but then, after a contract is signed, refers to the fine print on the last page of its brochure revealing that the data feed is actually capped.

The brochure says, “Your data session may be slowed, suspended, terminated, or restricted if you use your service in a way that interferes with or impacts our network or ability to provide quality service to other users.”

So, are consumers being misled by phone companies claims of unlimited data and phone usage? The class action lawsuit against T-Mobile USA thinks so. “Consumers are likely to be misled by T-Mobile’s promise of ‘unlimited’ data” the lawsuit states. The lawsuit is seeking an injunction against future deceptive advertising as well as monetary restitution for any money customers spent on the company’s phone plans and smart phones.

If you recall there was a similar lawsuit filed against Verizon a few years back in New York. Attorney General Andrew Cuomo alleged that the company had capped data usage even though they advertised unlimited plans. In the end Verizon settled out of court for $1 million. It should be interesting to see how T-Mobile responds in this case.

The U.S. Consumer Product Safety Commission’s announced last week that all homes fitted with the Chinese drywall need to have all drywall removed, as well as all wiring or plumbing that has been corroded. Many homeowners affected by the drywall problems are left in a house that is possibly hazardous to live in and unmarketable. Many insurance companies have refused to pay for repairs due to the drywall claiming it is a manufacturer’s defect.

The fact that many homeowners cannot pay for the repairs themselves has created an issue of its own. In March of 2010, one lawsuit resulted in the insurance company being forced to pay for repairs, but it’s possible that  the case will only apply to Louisiana.

In the meantime homeowners have been forced into one of three decisions. First, stay in the home, have the repairs made at their own cost and hope to be reimbursed. Second, stay in the house at risk of possible health and safety dangers. The third choice is to move out of their home and find another place to live while still paying for the first one. None of these choices are appealing to the home owners and they are stuck with unsellable homes in the meantime.

The settlement includes both walk-behind and riding lawn mowers made by numerous lawnmower engine manufactures. If the engine was made by:

Briggs & Stratton
Honda
Kawasaki
Kohler
Tecumseh
Toro

Or the lawnmower itself was made by:

Deere
EHP
Honda
Husqvarna
MTD
Sears
Toro

You may be entitled to a settlement payment. Some of the brands included are:

Yard-Man, Cub Cadet, Honda, Bolens, Exmark, Deere, Sabre, Scotts, Toro, Yard Machines, Craftsman, Troy Bilt, Husqvarna, Poulan, Poulan PRO, Lawn-Boy, Weed Eater, White Outdoor, Snapper, Simplicity, Brute, and Murray.

Lawnmower owners could be eligible for up to $35 for each walk-behind lawn mower purchased and up to $75 for each riding lawnmower purchased. The class action lawsuit settlement is a result of claims the mowers did not deliver on the horse power advertised by the engine makers.

A California Highway Patrol officer and three members of his family were killed in the accident. Since then there have been numerous other claims of acceleration problems with Toyota vehicles.

Most of the lawsuits accuse Toyota of knowingly selling thousands of potentially defective autos over the last several years in California. Toyota has since recalled upwards of 8.5 million vehicles since last November because of problems ranging from defective floor mats that impede the motion of the gas pedal, gas pedals that stick and brake failure.

Akavar was marketed as a ‘New! European weight loss breakthrough’ and further claimed that ‘Studies have proved a virtual 100% success rate among the participants.’ The complaint states that the defendants knew that none of these claims were true.

Specifically, the problem is with the “leads” that run from the device to the heart and deliver a “shock”
to the heart when an abnormal beat is detected.  The “Sprint Fidelis” leads may fracture resulting in either shocks to the heart when none are needed or a failure to shock when an abnormal beat occurs.  To date, five deaths have been attributed to this defect and 599 reports of malfunctions had been given to the FDA by January 2007.

Medtronic has agreed to replace the device which costs about $20,000 as well as pay for some expenses but has not agreed to pay for the replacement surgery itself.  Roughly 13,000 have already been surgically removed from patients.

The following devices, manufactured between April 2001 and December 2003, were affected:

• Marquis VR/DR
• Maximo VR/DR ICDs
• InSync I/II/III Marquis
• InSync III Protect CRT-D

Model numbers that appear alone or begin with 6949, 6948, 6931 and 6930 are suspect.

Medtronic’s Micro Jewell II and GEM DR ICDs were also recalled in 2004.

Professionals in the medical field have advised that if you have one of Medtronic’s defibrillators implanted you consult with your physician as soon as possible to discuss your options.