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The manufacturer admits that about 50,000 Novaform ComfortGrande and DreamAway mattresses got wet during the manufacturing process and could cause mold infections.
According to the Centers for Disease Control and Prevention, symptoms of mold exposure can vary but typically include burning eyes, respiratory problems such as coughing and wheezing, and skin irritations.
Recalled mattresses were manufactured in a variety of sizes, from twin to California king, and ranged in price from $150 to $750. All of the Novaform mattresses were sold between January and June this year at Costco stores and on Costco’s website in northwestern states, as well as California’s San Francisco Bay area. Costco, according to the Consumer Product Safety Commission, is also reaching out to known customers who purchased the recalled products directly.
The manufacturer, FXI, declined to comment on the matter.
Mold Infections
Mold exposure can cause serious or fatal injury if the victim has a pre-existing condition. Some mold, however, contains mycotoxins, tiny particles that always cause serious or fatal injuries.
People with asthma or other breathing conditions have very delicate systems. For example, particulate matter that may not affect otherwise healthy individuals can cause serious health issues for those with asthma. Mold in a bedroom, and mold in a mattress even more so, not only causes breathing problems – it causes lack of sleep. The resulting fatigue makes it almost impossible to function during the day at work, school, or anywhere else.
The same principles apply to anaphylactic reactions. The body often reacts violently to foreign materials, like particulate matter, or allergens, like dairy or a bee sting. Violent reactions occur in different forms. Not everyone strangles and gasps for air. If the violent response is more subtle, which is common, the victim might not even wake up during the anaphylactic reaction.
Furthermore, some people have compromised immune systems. This issue is more common in the post-coronavirus era. The body expends so much energy fighting nasty infections, like COVID-19, that it has little strength left to fight off another strong infection, like mold.
If a pre-existing condition contributed to the risk and/or severity of injury, insurance companies usually try to reduce or deny compensation. They play the “fairness” card and argue that they shouldn’t be responsible for conditions they cannot control.
The law takes a different view. A Anwalt invokes the eggshell skull rule in these situations. Courts have consistently held that reducing or denying compensation to a victim, simply because the victim is vulnerable, is a much greater unfairness.
A dozen genres of mycotoxins could cause immune deficiency, cancer, and several other serious maladies. Unfortunately, the type of mycotoxin is usually a mystery until victims develop symptoms. By then, their diseases are usually untreatable.
Herstellungsfehler
Cheap components, unsafe facilities, and unsafe manufacturing practices are the leading causes of manufacturing defects.
To save money, companies often use cheap, imported parts from countries that have little or no government safety regulations. If the manufacturing facility took shortcuts, these parts often have high levels of toxic heavy metals, like cadmium, mercury, and chromium.
Unsafe facilities could also cause manufacturing defects. Mass production work is very tedious and repetitive. Furthermore, these plants usually don’t pay much and have high turnover rates. Inexperienced or bored workers are more likely to make mistakes, like allowing manufacturing parts to get wet, than experienced and on-their-toes workers.
On a related note, when the CSPC or another government entity orders a recall, the company should shut down the facility and take care of the problem. Usually, however, the company simply recalls tainted products.
Entschädigung erhalten
Generally, companies are strictly liable for damages in a manufacturing defect claim. These damages usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages are usually available as well.
Defendants cannot contest liability and cannot realistically contest the amount of damages. However, defendants can prolong the case as long as possible, in the hope that the victim will give up and settle a case for pennies on the dollar.
A third-party mediator, who is usually an unaffiliated lawyer, is basically a judge’s agent who oversees settlement negotiations. Mediators ensure that both sides negotiate in good faith, instead of making low-ball or take-it-or-leave-it offers. Mostly because of the good faith negotiation duty, civil mediation is about 90 percent successful in New York.
When companies take shortcuts and hurt people, the experienced lawyers at Napoli Shkolnik, stand up for victims. Contact us today for a kostenlose Beratung.