Charlottesville Personal Injury Lawyer - Defective & Dangerous Products

Holiday Toy Dangers

Paul Thomson — Wed, 02 Dec 2009 00:01:00 GMT

WPTV recently reported that hazardous toys are lurking on store shelves this holiday season. Despite increased safety standards and recalls, the Public Interest Research Group found sixteen dangerous toys during this year's annual Trouble in Toyland survey. The top concern is toys with magnets or small parts. Magnets can easily break off and, along with small parts, can be choked on. Choking is the most common cause of death from toys and took 196 children last year. Choking is one of the three main hazards the PIRG searched for, along with toys that are too loud, posing a risk of hearing damage, and toys that contain dangerous levels of lead, which can cause brain damage if ingested, or phthalates, a substance in plastic that can case developmental problems. With all the potential risks toys may hold, parents and loved ones may wonder which toys are safe to purchase for children this winter. While shopping, a list of risky toys can be accessed from smart phones at this address: http://www.toysafety.mobi/. Be sure to use this resource and keep your children safe!

Originally posted at InjuryBoard by Paul Thomson

Toyota Still Can't Fix the Problem

Paul Thomson — Tue, 01 Dec 2009 21:16:58 GMT

The Detroit Free Press reported in this article that Toyota is still trying to figure out the problem behind their runaway vehicles. Toyota continues to mention properly securing or removing floor mats to avoid having the gas pedal get stuck, but a lawsuit involving a Toyota Camry suddenly accelerating with no driver's side mat in place questions the validity of the floor mat fix.

The unexpected acceleration has been blamed on the electronic throttle control system. Supposedly, radio waves and other electronic signals can interfere with the cruise control, causing it to lock down. In this situation, the brakes are unable to override. Toyota claims to have tested the electronics thoroughly and does not believe this is the problem. They say they are still searching for a "vehicle-based remedy". Hopefully, Toyota will come up with something soon and solve this extremely dangerous problem!

Originally posted at InjuryBoard by Paul Thomson

Toyota Recalling 110,000 Tundra's in 20 States

Greg Webb — Wed, 25 Nov 2009 09:04:02 GMT

Toyota, in yet another in what seems to be a stream of recent recalls, is recalling 110,000 Tundra pick-up trucks from the model years 2000-2003. The recall is attempting to address excessive rust on the trucks' frames, and the government (NHTSA) is urging owners to remove the spare tire from the vehicle because it is concerned the tire could drop into the roadway, which could cause hazards for motorists.

The corrosion can also cause problems with the rear brake lines, leading to brake system failures, according to NHTSA. This is, of course, a potential safety issue for motorists as well.

The recall is for 20 "cold weather" states, including Virginia and the District of Columbia. Other states include: Connecticut, Delaware, Illinois, Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, West Virginia, and Wisconsin.

Owners are asked to take their trucks to a local dealer who will repair the damaged portion of the frame, or apply a rust resistant compound to the affected area, depending upon the severity of the corrosion.

This is the second major recall by Toyota in the past several months, with the other affecting Toyota and Lexus models because of safety issues concerning floor mats.

I am afraid Toyota is slipping some. I own a Toyota that has 70,000 miles on it, and I have had to have more work done to it than other Toyotas I have owned. I also think Toyota got caught up in the big truck, SUV, craze that overcame many other manufacturers, and got away some from what it did best: building high quality, high value, economical cars. I suspect, however, that Toyota will right the ship and get back on track at some point in the near future.

Originally posted at InjuryBoard by Greg Webb

Misleading Toyota Recall Sparks Criticism From NHTSA

Greg Webb — Sun, 22 Nov 2009 08:33:15 GMT

Federal safety regulators have reprimanded Toyota Motor Corp. for issuing misleading and inaccurate statements that no defect exists in the 3.8 million automobiles it voluntarily recalled on September 29 after a 2009 Lexus ES 350 sedan accelerated out of control in San Diego County, California, killing four people. The National Highway Traffic Safety Administration (NHTSA) released a statement that the Lexus and Toyota vehicles do, in fact, have an “underlying defect” that involves the design of the accelerator pedal and the driver's foot well. Toyota officials, however, blame the accident and other uncontrolled acceleration incidents nationwide on the gas pedal becoming entrapped by an improperly installed floor mat.

In its recall, Toyota claims there is no problem with the accelerator itself but asks consumers to instead remove driver’s-side mats if the mat is incompatible with the vehicle and not properly secured; the automaker also posted a video statement which disputed news reports that the "unintended acceleration" could be linked to other factors, such as the electronic throttle control systems. NHTSA officials were thus prompted to issue a clarification and stated the matter will not be closed until Toyota addresses the defect and suggests a solution.

This incident may affect Toyota’s credibility because the automaker was alleging it had a clean record with the NHTSA when it actually did not. Toyota claims it never intentionally mislead the American public and is still developing vehicle-based remedies to ensure unintended acceleration events do not happen again; these remedies may include changes in the placement of pedals, or a change to the engine control software in the vehicles' onboard computers. Since 2003, the NHTSA has investigated eight cases of unwanted acceleration in Toyota vehicles; two of these probes led to small recalls while the other six were closed by the agency due to no finding of a defect. In all of these investigations, the NHTSA did find that the Toyota braking system could lose most of its efficiency and power when the throttle is fully opened and that other aspects of vehicle design, such as using push-button ignitions, could add risk in sudden-acceleration events. In the San Diego County incident, officials found the pedal’s design may have had an enhanced risk of being obstructed by the floor mat.

The recall affects the 2007-2010 model year Toyota Camry, the 2004-2009 Toyota Prius, the 2005-2010 Toyota Avalon, the 2005-2010 Tacoma, the 2007-2010 Toyota Tundra, the 2007-2010 Lexus ES 350 and the 2006-2010 Lexus IS 250 and IS 350.

Originally posted at InjuryBoard by Greg Webb

Maclaren Failed to Report Finger-Chopping Danger

Paul Thomson — Fri, 20 Nov 2009 09:00:00 GMT

Maclaren recently recalled strollers made as far back as 1999 because the stroller hinge can cause a child's finger to be amputated when placed in the hinge upon opening or closing the stroller. Twelve children have had their fingers amputated! The New York Post reported that Maclaren knew about the defect as early as 2004, when the first finger amputation was reported.

Maclaren now faces fines up to one million dollars for failing to report the problem to the Consumer Product Safety Commission. Companies are required to report dangers to the CPSC immediately. The fact that Maclaren failed to do so is absurd! Twelve children have lost their fingers--that's ridiculous! Customers are encouraged to take advantage of the recall and Maclaren needs to be held accountable for their lack of responsibility!

Originally posted at InjuryBoard by Paul Thomson

Validity of Pfizer Neurontin Drug Study Questioned

Paul Thomson — Wed, 18 Nov 2009 00:01:00 GMT

Studies on the Pfizer Inc. drug Neurontin may have been skewed in order to have favorable results, reports Bloomberg. The drug is intended to treat epilepsy, however the studies focused on uses for Neurontin that had not yet been approved by the FDA. Researchers found that data from the studies on Neurontin that made its way into medical journals was inconsistent with the actual findings from the trials. Unfortunately, medical professionals assume these publications contain accurate information. What this points to is that Pfizer may have attempted to mislead the medical community about the effectiveness of Neurontin for certain off label uses. Pfizer denies this.

"Physicians are allowed to prescribe drugs for uses not approved by the FDA, and drugmakers are allowed to provide publications about off-label uses," the article states. When they are prescribing drugs for uses not approved by the FDA, studies such as the Neurontin study are doctors only source of information. Drugmakers need to provide accurate information in order to promote the best interests of doctors and patients. Our health depends on drugmakers' reliability!

Originally posted at InjuryBoard by Paul Thomson

Aluminum Bat Manufacturer Found Liable For Player’s Death

Greg Webb — Mon, 16 Nov 2009 14:58:24 GMT

After twelve hours of deliberation, a jury in Lewis and Clark County, Montana recently sided with the parents of former Miles City American Legion baseball pitcher Brandon Patch, who died after being struck in the temple by a batted ball in a 2003 baseball game against the Helena Senators. Hillerich & Bradsby Co., an aluminum bat manufacturer best known for their Louisville Slugger bats, was found liable for Patch’s death because it failed to provide adequate warning as to the dangers of the bat used by a Helena Senators batter. Hillerich & Bradsby Co.’s attorneys argued any other bat would not have hit the ball any differently; in fact, they claimed most bats on the market would have stuck the ball even harder and that Patch’s death was a tragic accident. The Patch family’s attorneys, however, argued Brandon only had 378 milliseconds to respond to the batted ball, whereas most bats on average give 400 milliseconds to respond. The bat manufacturer was ordered to pay $792,000 to Patch’s estate. The funds were allocated to cover the earnings Patch would have made had he lived, and the pain he suffered for four hours after the injury before ultimately dying. Another $58,000 was awarded to Patch’s parents for funeral expenses and their mental grief.

Aluminum bats have faced a lot of scrutiny due to their internal wall structure and because their weight is more evenly distributed than wooden ones, making them easier to swing harder and faster. A third decision made in the suit was that the bat was not defective, therefore making it more dangerous like the Patch family attorneys claimed. The Patch family said the suit was never about the money but was to get adequate warning about the dangers of these bats so something like this will not happen again. They have also started to advocate for the use of wooden bats. Brandon Patch’s baseball team reverted to wooden bats after his death.

Originally posted at InjuryBoard by Greg Webb

DOJ Indicts Stryker Biotech On Charge Of Fraud

Greg Webb — Mon, 16 Nov 2009 14:45:31 GMT

The Justice Department has reported that Stryker Biotech LLC, the medical device manufacturing division of Stryker Corp., and its top management have been indicted on federal charges of fraud due to a marketing scheme for bone-growth products OP-1 implant and OP-1 putty. These two products were promoted for use in a manner different from the use approved by the Food and Drug Administration (FDA). Although Stryker did have a federal exemption that authorized it to sell the products for "humanitarian" reasons to treat a rare condition, it instead promoted a combination of the devices with a bone void filler called Calstrux and provided "recipes" on how to combine Calstrux with OP-1 in ways never approved by the FDA.

The indictment charged Stryker Biotech, its former president, and three current sales managers with a scheme that involved devices used during invasive long bone and spinal surgeries; the former president and the company were also charged with making false statement to the FDA. If the company is convicted, it could face serious fines and possible exclusion from participating in federal and state healthcare programs. The former president and the three sales managers could also face jail time if convicted of wire fraud conspiracy and misbranding charges.

Because of the potentially negative ramifications of a conviction, Stryker is expected to aggressively pursue a settlement.

Originally posted at InjuryBoard by Greg Webb

Dangerous Strollers Recalled

Paul Thomson — Thu, 12 Nov 2009 09:20:05 GMT

Maclaren recently recalled one million strollers after reports that childrens' fingertips were amputated by becoming stuck in a hinge mechanism. About fifteen reports of finger amputation have been made. The incident occurs when a child's finger becomes caught while opening the stroller and locking it into place. The recall includes the following stroller models: Volo, Triumph, Quest Sport, Quest Mod, Techno XT, TechnoXLR, Twin Triumph, Twin Techno and Easy Traveller. They have been sold at Babies "R" Us, Target and other stores around the country since 1999. Maclaren plans to give customers covers to protect fingers from the hinge. Use caution when using the strollers! Hopefully Maclauren will do a better job with future product design and development.

Originally posted at InjuryBoard by Paul Thomson

Toyota & NHTSA Ignore Runaway Vehicles

Paul Thomson — Tue, 10 Nov 2009 11:30:00 GMT

Both Toyota and the National Highway Traffic Safety Administration (NHTSA) have been ignoring customer reports for years! More than 1000 reports of sudden acceleration have been made since 2001, as reported in an LA Times article. However, the majority of cases have been discarded due to Toyota finding them insignificant or irrelevant for various reasons. The NHTSA has supported this practice as well, emphasizing that it does not mean that each case is not reviewed and taken seriously. Several investigations have taken place over the years, each concluding that there is not a defect in Toyota vehicles. Regardless, there have been severe accidents resulting in lost and dramatically altered lives.

Only since a fatal crash in August has Toyota been brought into the spotlight. While the current news of a possible acceleration defect and Toyota and the NHTSA's lack of swift action have been bothersome on their own, knowledge of the issue being such a long-standing problem is more than shocking. The lack of responsibility and concern for the safety of customers and all other drivers on the road is repulsive! A solution to the problem is past overdue--someone needs to take action!

Originally posted at InjuryBoard by Paul Thomson