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WILLIS
LAW FIRM
1221 McKinney
Suite #3333
Houston, Texas
Houston, Texas
(713) 654-4040
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BERNZOMATIC CAMPING HEATER RECALL
CARBON MONOXIDE POISONING INJURIES & DEATHS
DEFECTIVE BERNZOMATIC HEATERS SUMMARY
 Bernzomatic Camp Heater (model
TX-900 or TX-900A) blamed
for over 42 deaths due to carbon monoxide poisoning. The Bernzomatic Heater
was recalled by the CPSC due to the large numbers of fatalities and for
allegations that Bernz-O-matic was aware of dozens of deaths and failed to
report these deaths to the CPSC. Consumers were urged to immediately stop
using the Portable Gas Radiant Heater. These unvented, gas Benzomatic
camp heaters are fueled by propane and can cause serious injury and death.
WASHINGTON, DC- The U.S. Consumer Product Safety
Commission today announced that BernzOmatic of Medina, NY has agreed to pay a
$350,000 civil penalty to resolve Commission staff allegations that the firm
failed to report in a timely manner the existence of a defect in certain
propane fueled, radiant camping heaters which could create a substantial
product hazard, as required by the Consumer Product Safety Act.
 The
staff further alleged that BernzOmatic was aware of approximately 30 fatalities
associated with these heaters, dating back to 1965, and never
informed the Commission.
The Commission investigated this problem following the fatalities of two
(2) campers in West Virginia, in December 1986. The Commission subsequently
learned that BernzOmatic had conducted recalls of these heaters in 1966 and
again in 1971. The 1971 recall followed a statement by the Attorney General's
office of the State of Washington that the TX-9OOA was "extremely
hazardous to human health and life" and a request by, the Attorney
General's office for a public warning and voluntary recall.
A recall of these heaters was announced jointly by BernzOmatic and the
Commission on September 15, 1987. Consumers are again urged to immediately
stop using the heaters and contact BernzOmatic. BernzOmatic is offering a
refund of $50.00 for each model TX-900 or TX-900A heater returned.
The Commission staff has alleged that BernzOmatic knew, or should have know,
that its models TX-900 and TX-900A propane fueled, radiant camping heaters,
produced from 1962 through 1966, can be used in a manner which would allow the
heaters to emits lethal levels of carbon moncxide when used in an inadequately
ventilated area.
PRODUCT
LIABILITY ATTORNEY - FREE CONSULTATION
 If
you or a loved one have been seriously injured or died from carbon monoxide
poisoning due to a defective BernzOmatic Camping Heater,then call and talk to Board
Certified Personal Injury Trial Lawyer with 20+ years of Experience. DO
NOT DISCARD OR RETURN THE HEATER FOR A REFUND UNTIL YOU
HAVE SPOKEN TO AN ATTORNEY. THIS MAY BE CRITICAL EVIDENCE IN YOUR CASE. Call
now FREE
CONFIDENTIAL CONSULTATION at 1-800-883-9858 or 1-800-468-4878 (Toll
Free)
Bernzomatic Offers $250
Bounty For Old Propane Heaters
Washington, D.C. - In
cooperation with the U.S. Consumer Product Safety Commission (CPSC),
Bernzomatic of Medina, N.Y. is offering owners of model TX900 and TX900A
propane heaters $250 to return the heaters to the company. Carbon monoxide
poisoning caused by a defective burner in the heaters has killed at least 42
people, six of them since 1987.
About 40,000 of these portable propane gas radiant heaters were sold for
$30-35 nationwide from 1962 to 1966. Bernzomatic originally recalled the
camping-style heaters in 1966 and reissued the recall in cooperation with CPSC
in 1987. Bernzomatic repeated the recall in 1988, 1989, and 1990.
About 7,000 of the recalled heaters are believed to still be in use. The
heaters are often re-sold in yard sales and in second-hand stores.
Recalled heaters have a green metal cabinet that is approximately 9 inches
wide, 14 inches high, and 7 inches deep with room inside for one or two 14.1
ounce propane gas cylinders. "BernzOmatic" appears on the front of
the heater and on the instructions inside the rear door. The model number
TX900 or TX900A and the words "Portable Gas Radiant Heater" also
appear on the instructions inside the rear door.
Consumers should stop using the heater and call Bernzomatic at (800) 828-7611
(8:00 a.m. - 4:30 p.m. EST, Monday-Friday) for instructions on how to return
it to Bernzomatic for the $250 bounty.
A copy of the settlement agreement is available from the Commission's Office
of the Secretary, 5401 Westbard Avenue, Bethesda, Maryland 20207 for review
and public comment until February 18, 1988.
Approximately 40,000 TX-900 and TX-900A heaters were produced and sold by the
manufacturer from 1962 through l966. The heaters are housed in a blue or green
metal cabinet approximately 9 inches wide by 14 inches high x 7 inches deep,
with room inside for two 14.1 ounce propane gas cylinders. The name
BernzOmatic appears on the front of the heater. The name BernzOmatic, the
model number TX-900 or TX-900A, and the description either Propane or Portable
Gas Radiant Heater appear on instructions which may be found on the inner side
of the rear door.
Owners of a model TX-900 or TX-900A heater should call BernzOmatic toll-free
at 1-800-828-7611 for information on how to return the heater and obtain a
refund. New York state residents should call collect 1-716-798-4979. To
determine if a product is covered by this announcement, consumers may call the
CPSC toll- free hotline number at l-800-638-CPSC. The teletypewriter number
for the-hearing-impaired is l-800-638-8270.
BernzOmatic denies the existence of a substantial product hazard or that it
violated the reporting requirements. BernzOmatic believes that the Commission
has been aware through a series of industry-wide rulemakings since 1974 of
concerns associated with unvented, gas heaters in general. In 1980, the
commission estimated that approximately 70 deaths occur each year in the U.S.
associated with carbon monoxide poisoning and unvented, gas heaters produced
by many manufacturers.
Despite BernsOmatic's contention that "the Commission has long been aware
of concerns associated with unvented, gas heaters in general" and its
other contentions contained above, it is the staff's view that any such
general body of knowledge of which the Commission may have been aware does not
relieve BernzOmatic of its legal obligation to report.
| FOR IMMEDIATE RELEASE |
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| February 02, 1988 |
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| Release # 88-004 |
PRODUCT
LIABILITY ATTORNEY - FREE CONSULTATION
If
you or a loved one have been seriously injured or died from carbon monoxide
poisoning due to a defective BernzOmatic Camping Heater,then call and talk to Board
Certified Personal Injury Trial Lawyer with 20+ years of Experience. DO
NOT DISCARD OR RETURN THE HEATER FOR A REFUND UNTIL YOU HAVE SPOKEN TO AN
ATTORNEY. THIS MAY BE CRITICAL EVIDENCE IN YOUR CASE. Call
now FREE
CONFIDENTIAL CONSULTATION at 1-800-883-9858 or 1-800-468-4878 (Toll
Free)
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