Alcan Pressure Cooker Lawsuit Update: Injuries, Recall Status, Legal Options

Plaintiffs say Rochedo pressure cookers made by Alcan Aluminio do Brasil, S.A. burned them. Hot food and steam escaped when the lid opened or came off. The U.S. Consumer Product Safety Commission recalled the cookers on December 1, 1983. Three plaintiffs won jury verdicts over the cookers, and the First Circuit left them in place in 1988. The Supreme Court denied certiorari in 1989. No MDL or class settlement names the Rochedo cookers, and the court opinions state no dollar amounts. The recall notice tells owners to stop using the cookers.

Latest Alcan Pressure Cooker Lawsuit Updates

February 21, 1989: Supreme Court Denies Certiorari

On February 21, 1989, the U.S. Supreme Court denied certiorari in Alcan Aluminio do Brasil, S.A. v. Benitez-Allende, No. 88-1077 [1]. The petition came from an appeals court ruling, and the order reads “Certiorari denied.”

October 24, 1988: First Circuit Denies Rehearing

On October 24, 1988, the First Circuit denied rehearing and rehearing en banc in Nos. 87-2111 and 88-1089, the Benitez-Allende cases against Alcan Aluminio do Brasil [2]. That order left the court’s decision on the jury verdicts standing.

September 20, 1988: First Circuit Rules on the Jury Verdicts

On September 20, 1988, the First Circuit decided Benitez-Allende v. Alcan Aluminio do Brasil, S.A., 857 F.2d 26 (heard June 10, 1988) [3]. Three plaintiffs had won jury verdicts against Alcan Aluminio do Brasil. One also won against its Puerto Rican sales representative, Manuel Diaz. The court denied the defendants’ claims. It vacated the judgments only where they disallowed two plaintiffs’ claims against Diaz, and remanded.

January 21, 1987: Court Allows Andino to Add a Defendant

On January 21, 1987, the U.S. District Court for the District of Puerto Rico ruled in the Andino case against Alcan Aluminio Do Brasil [4]. The other captioned defendants were Alcan Aluminum, Ltd. and Group Brazil, Inc. The order, 652 F. Supp. 415, came in Civ. No. 85-0256 (JAF). On reconsideration, it let plaintiff Ramonita Garcia Andino amend her complaint to add Manuel Diaz as a defendant.

December 1, 1983: CPSC Announces Recall No. 83-069

On December 1, 1983, the U.S. Consumer Product Safety Commission announced recall No. 83-069 with the Brazilian maker of the cookers, Alcan Aluminio Do Brasil, S.A. The CPSC recall notice says the recall covers about 300,000 Rochedo cookers distributed in the United States and Puerto Rico. Consumers should stop using the cookers and discard or destroy them. Do not donate or resell them [5].

Who May Be Affected?

Owners or past users of a Rochedo pressure cooker distributed in Puerto Rico and the continental United States between 1977 and 1983 may be affected. About 240,000 of the recalled cookers were marketed in Puerto Rico. The rest were sold mainly in Spanish-speaking areas of New York, Newark, New Jersey, Tampa and Miami, Florida. A recalled cooker carries the stamp “A Product of Alcan Aluminio do Brasil” on the pot’s bottom, but one stamped “U.L. Approved” is not affected. Only an individual legal review of your own facts can show whether a claim exists.

Reported Injuries or Damages

Plaintiffs in the Rochedo cooker cases reported severe burns from hot food, liquid and steam. The CPSC recorded two incidents with scald-type injuries when it announced the recall. The First Circuit opinion records three plaintiff incidents:

• July 29, 1983: Lercy Benitez Allende removed the top of a cooker, and “the hot meat and liquid flew out, burning her.”
• November 11, 1983: the lid of Carmen Cruz Diaz’s cooker “flew off and hit her.”
• February 6, 1984: the top of Ramonita Andino Rosa’s cooker came off, and “the hot contents burned” her daughter.

The First Circuit says the jury could have found that the cookers opened with 25 pounds of force while pressure was dangerously high. Underwriters’ Laboratories says it should take 100 pounds. The jury could also have found that the fusible seal would not melt until pressure reached about four times the maximum operating pressure. Underwriters’ Laboratories sets the standard at twice the maximum operating pressure. A burn-center review by Tuzun and Tas in a 2026 Turkish journal covered 41 patients with pressure cooker burns. It found 97.6% were female and 92.7% had second-degree burns [6]. The study does not involve Rochedo cookers.

Recall and Regulatory Background

The CPSC recall notice names a faulty gasket that allows the pots to be opened while still containing pressure. The First Circuit opinion describes evidence on the force needed to open the lid and on the fusible seal. A recall does not by itself establish liability. For the wider category of pressure cooker recalls and claims, see our pressure cooker lawsuit page.

Evidence to Preserve

Keep these items if you or a relative were burned by a pressure cooker:

• The cooker itself, kept unused, with its lid, handle, gasket, safety valve weight and fusible seal
• The stamp on the base of the pot
• Photographs of the cooker, the scene and the injuries
• Medical and burn-treatment records
• Receipts or other ownership details, including where and when it was bought
• Names of witnesses who were present

Burn-treatment records can show how deep the injury went. MedlinePlus says second-degree burns damage the outer layer of skin and the layer underneath [7]. Third-degree burns damage or destroy the deepest layer.

Filing Deadlines

Deadlines for injury claims come from state or territorial law. Some places start the clock on the injury date and others when the harm is discovered. A claim over a very old injury may be barred even when the facts are strong. Check with a lawyer promptly to learn which deadline applies to you.

Frequently Asked Questions

Is There an Alcan Pressure Cooker Recall?

Yes, there is an Alcan pressure cooker recall, announced in 1983. The maker of the Rochedo cookers, Alcan Aluminio Do Brasil, S.A., was the Brazilian subsidiary of Alcan Aluminum Limited of Montreal, according to the CPSC notice.

How Many Rochedo Pressure Cookers Were Sold?

About 300,000 Rochedo pressure cookers were sold, according to the First Circuit. It says Americans bought them between 1977 and 1981, and Puerto Ricans bought 240,000. The recall’s sales range runs later than the court’s.

Can You Sue If a Pressure Cooker Explodes?

You may be able to sue if a pressure cooker explodes, depending on the facts. Cornell Law School’s Legal Information Institute says products liability law covers the manufacturer, wholesaler and retailer [8]. In the Alcan cases, the First Circuit describes jury verdicts on negligence or strict liability.

What Does the Research Say About Pressure Cooker Burns?

Research on pressure cooker burns includes the Tuzun and Tas study of 41 patients at a Turkish burn center, not about Rochedo cookers. It found head and neck injuries in 65.9% and chest injuries in 61%. Escharotomy was performed in 29.3% and 2.4% needed skin grafting.

Can I Get a Refund for a Recalled Rochedo Pressure Cooker?

The CPSC notice says no refund, repair or replacement is available for a recalled Rochedo pressure cooker, because the company is no longer in business. The notice dates from the recall announcement and says nothing about the company’s status today.

References

1. https://www.courtlistener.com/opinion/9084663/alcan-aluminio-do-brasil-s-a-v-benitez-allende/
2. https://www.courtlistener.com/opinion/511761/26-fed-r-evid-serv-1293-prodliabrepcchp-11926-lercy-d/
3. https://law.resource.org/pub/us/case/reporter/F2/857/857.F2d.26.87-2111.88-1089.html
4. https://www.courtlistener.com/opinion/2305502/andino-v-alcan-aluminio-do-brasil-sa/
5. https://www.cpsc.gov/Recalls/1983/alcans-brasilian-unit-recalling-faulty-pressure-cookers
6. https://pmc.ncbi.nlm.nih.gov/articles/PMC13254451/
7. https://medlineplus.gov/burns.html
8. https://www.law.cornell.edu/wex/products_liability