Poorly designed/manufactured powered wheelchair

[t74]

What is the name of your state? OK

I have been using a powered wheelchair for 4 years. In that time I have had two of the same model (I purchased on my own without the use of health insurance) fail with the wheels shearing off of the frame four separate times. This time we have identified a very significant design or manufacturing issue since the failure was far more severe then those in the past. This chair comes in several models of varying sizes including one larger than mine with a weight limit of 600lbs (mine in significantly less).

Fortunately, mine failed while inside the house so I was able to keep from falling onto the floor and so have not been injured Had it failed when I was using the ramp to exit my house I would likely been seriously injured since I would have been unable to stabilize myself on the incline and would likely have been on the concrete with a nearly 200 lb wheelchair in my back.

I immediately reported the problem to the Consumer Product Safety Commission, but that was before I knew of the specifics of the failure. From an engineering design point of view, I believe it can be established that if the product was manufactured as designed, the design is flawed or if the product was not manufactured as design, that the company is also libel for damages. What else can I or should I do to get this product out of the hands of other disabled individuals and my over $5,000 back. I am driving the Pinto of wheelchairs.

I cannot give up the chair until I obtain a new one; this time I will be going through Medicare so it is quite a wait for an evaluation and approval.

 

[ShyCat]

What was the weight limit for this model of chair? What do you weigh?

 

[FlyingRon]

Did you have a question?

First off, the word you are looking for is liable not libel. Liable means obligated by law, from the French word meaning "bound" (tied). Libel means a published defamatory statement (from the French word meaning "little book").

There is no actionable liability unless you suffer damages. You don't get anything for what "might happen."

Medicaid won't typically pay for things within their identified lifespan (typically five years). It will cover repairs. You might be able to convince them that replacing it with a better designed unit might be more cost effective than continuing to repair the existing one.

 

[t74]

What was the weight limit for this model of chair? What do you weigh?

limit 450; me 315 last weigh-in

 

[quincy]

Is the wheelchair one you assemble yourself?

If you continue to use the wheelchair knowing that it can collapse, you could have difficulty trying to collect damages that result.

 

[t74]

Did you have a question?



First off, the word you are looking for is liable not libel. Liable means obligated by law, from the French word meaning "bound" (tied). Libel means a published defamatory statement (from the French word meaning "little book").

There is no actionable liability unless you suffer damages. You don't get anything for what "might happen."

Medicaid won't typically pay for things within their identified lifespan (typically five years). It will cover repairs. You might be able to convince them that replacing it with a better designed unit might be more cost effective than continuing to repair the existing one.

Question - What should I do to get someone to do something about this product. It is a hazard to a disabled user.

Thanks for the definition; I do know the difference. My spelling is not the best especially since I have been awake all night.

I was not injured at the time of the failure but the 10 day delay in getting a replacement part from the manufacturer ( I called supplier and manufacturer every day) required I use a standard wheelchair which I could only use pushing with my feet (I have no arm strength) aggravating other health conditions. Becasue of that I have come close to falling 3 times in the last 10 hours.

Neither was paid for by Medicare. A fancier one was recommended but the staff at Physical Medicine 4.5 years ago did not file the paperwork properly, and I HAD to have a way to get around so I bought what I could afford. I am back in the queue for an evaluation since my health has deteriorated in the last 4 years; the PT referred me back to my PCP who has sent me back to the same evaluation site (unfortunately). The one recommended by the DME supplier I have already met with is not in my budget at $18,000.

The problem is that there are tubular shaped short pieces welded to the side of the frame into which the front wheels are inserted. This piece has separated from the main frame on 3 occasions; after the last fix, I had to replace the chair. On the new chair, which is almost exactly 2 years old, it deformed to show that it was not tube/pipe but a piece of formed steel with no weld to close it so that the shape separated along the seam. No decent US professional engineer would have designed this type of joint in a high stress area.

In addition, my model is the smallest of 3 similar designed wheelchairs. The largest has a weight limit of 600 (or 700 depending on the website) lbs. It is designed for both indoor and outdoor use. I use mine almost exclusively indoor going outside only for medical visits (I cannot even get on my home's patio).

I am now terrified at the thought of having to go down the ramp from my front door to the sidewalk. I have fallen several times inside the house simply standing so cannot risk stairs.

This product and its siblings are sold by many DME suppliers. Its features are such that it may be used infrequently as a traveling chair by other users while I use it 100% of the time.

The home office of the company is in Taiwan; I do not know where it is manufactured. It has a US office in FL.

I deserve a product that is safe and has a reasonable life expectancy. I am also afraid someone might be hurt or killed by this product.

 

[t74]

Is the wheelchair one you assemble yourself?

If you continue to use the wheelchair knowing that it can collapse, you could have difficulty trying to collect damages that result.

I did not assemble it myself. Each of the units cost $2600 new shipped assembled from the manufacturer's US location to me.

My son (economics and engineering graduate) and a friend who is a registered professional aeronautical/structural engineer additionally supervised by a PhD, PE electrical engineer installed the replacement part shipped by the wheelchair manufacturer.

It should be fit for the purpose for which it was sold.

 

[quincy]

Suggestions, since you have already reported the problem with your wheelchair to the appropriate Consumer Product Safety Commission:

1. Start a GoFundMe campaign to help you pay for a better wheelchair

2. Contact your local news “Call for Action” team to see if they can assist in getting you a new wheelchair

3. Contact local charities for help getting a wheelchair that will not collapse under pressure

What you shouldn’t do is continue to use a defective wheelchair.

Good luck, t74.

 

[FlyingRon]

Again, coulda, woulda means nothing. I told you what you could try with Medicaid.

 

[t74]

Suggestions, since you have already reported the problem with your wheelchair to the appropriate Consumer Product Safety Commission:

1. Start a GoFundMe campaign to help you pay for a better wheelchair

2. Contact your local news “Call for Action” team to see if they can assist in getting you a new wheelchair

3. Contact local charities for help getting a wheelchair that will not collapse under pressure

What you shouldn’t do is continue to use a defective wheelchair.

Good luck, t74.

Thank you for the suggestions. Others need the help from charities more than I do. I am thinking of sending son and DH to the local university to see ME faculty friends who regularly make projects for the disabled in the area and have them make modifications to make it safer. I think it will take a couple of welds and reinforcements to connect the wheel supports to the main frame. That should go until I can get through the insurance maze. Unfortunately, that does not help others.

 

[t74]

Thanks to all!

 

[Zigner]

If you're thinking to go the "modification" route, you might be better off visiting a local welding shop...

 

[quincy]

If you need a reliable wheelchair and fear injury because of the construction of your current wheelchair, you need a reliable wheelchair just as much as anyone else. Don’t avoid charity if it can help you get what you require for safe transportation.

Also, I advise that you do not try to make any modifications to the chair on your own, even if you have faith in your son’s ability to modify or repair the chair safely. You will lose any legal recourse against the manufacturer if you tamper with the product.

 

[t74]

In trying to update my CPSC report, I discovered that I need to report it to the FDA. I have spoken with the first tier person and ham waiting for a call back from the next level. I need my son to take pictures of the defective part and look at the new one to see if it is different from the original; he has to remove the wheels todo so.

I have considered contacting a local plaintiff's firm to see if this rises to the level of a class action lawsuit. I want to get this company's attention. They are selling these powerchairs to very vulnerable disabled individuals since the product is once of very few (in fact I cannot remember any comparable product) options. The product concept is fine; the design/manufacturing is defective.

The university has a complete machine shop with technicians, etc as well a professional engineers on the faculty.. In fact, I would expect these people to be the expert witnesses in a local case.

I actually have dealt with a weld shop on my first wheelchair.

 

[quincy]

In trying to update my CPSC report, I discovered that I need to report it to the FDA. I have spoken with the first tier person and ham waiting for a call back from the next level. I need my son to take pictures of the defective part and look at the new one to see if it is different from the original; he has to remove the wheels todo so.

I have considered contacting a local plaintiff's firm to see if this rises to the level of a class action lawsuit. I want to get this company's attention. They are selling these powerchairs to very vulnerable disabled individuals since the product is once of very few (in fact I cannot remember any comparable product) options. The product concept is fine; the design/manufacturing is defective.

The university has a complete machine shop with technicians, etc as well a professional engineers on the faculty.. In fact, I would expect these people to be the expert witnesses in a local case.

I actually have dealt with a weld shop on my first wheelchair.

I see no legal action for you to pursue - but, sure, contact an attorney for a review.

Good luck.