Alabama Personal Injury Blog - Defective Products

Don't Die in a Chrysler

Jon Lewis — Fri, 31 Jul 2009 18:27:27 GMT

Today, it was reported on CNN.com that Honda is issuing a recall on 440,000 vehicles. According to the article, there is a potential defect in driver-side airbags in 2001-02 Honda Accords, 2001 Civics and 2002-03 Acura TLs. Already, six injuries and one death have been reported.

So, what does this recall have to do with Chrysler?

Well, this article points out the flaw in the bankruptcy court's decision to absolve Fiat and Chrysler of any liability for injuries or deaths resulting from defective Chryslers which were bought before the bankruptcy. This would have been the case in all 440,000 Hondas which have been recalled.

Couldn't the bankruptcy court have been more thoughtful about the decision? Most times, bankruptcy courts require the debtor to purchase insurance in order to cover such liabilities. Why didn't Fiat or Chrysler purchase insurance so that the consumer doesn't suffer? Families who purchased Chryslers before the bankruptcy will suffer an undue hardship if a loved one is seriously injured or killed as a result of a defect in the car, truck or SUV. Shouldn't that cost be shifted to the new entity through insurance?

If you want more information regarding defective products, please contact our office, and we will send you a report on legal issues in Alabama regarding defective products: Recognizing and Preserving Evidence in Automotive Product Liability Cases.

Originally posted at InjuryBoard by Jon Lewis

Injured Employees Should Look for Third Party Liability in Work-Related Accidents

Jason Knowles — Wed, 01 Jul 2009 16:36:44 GMT

A worker who is injured in an on-the-job accident can file a claim for workers’ compensation benefits but typically, at least in Alabama, the recovery in that sort of claim is woefully inadequate to compensate an injured worker. Workers should therefore be aware that a third party, other than the employer, may be responsible for the worker’s injury, in which case the recovery is often greater.

When an injured worker comes to our firm, we fully investigate the cause of injury to determine if a third party was responsible for the worker’s injury. Often we discover that a defective machine, for example, was the cause of the injury. Often, injury-causing machines are defective in that that they are not properly designed to eliminate or prevent hazards or they are not equipped with proper warnings about the hazard. Sometimes a third party is liable when, for example, their employee caused the accident and resulting injuries, such as in a two vehicle crash. Many other types of negligence by third-parties may give the injured worker a cause of action.

So, workers injured on the job should be aware that they have options which may significantly aid them above and beyond the workers’ compensation laws.

Originally posted at InjuryBoard by Jason Knowles

What have we Learned from GM and Chrysler?

Jon Lewis — Fri, 19 Jun 2009 14:54:19 GMT

TEN things we have learned from GM and Chrysler:

1. There is no corporate accountability.

2. They enjoy taking the public's money.

3. Their CEO's and executives have gotten rich while they have failed to properly manage their companies.

4. They took bailout money knowing that they would file bankruptcy - isn't that fraud?

5. They have no insurance, and the court's aren't making them get insurance - why?

6. Chrysler will have no liability to consumers who are killed or injured in a wreck in defective vehicles - Unbelievable!!

7. The taxpayers will be paying their debts for years to come.

8. They cannot compete with foreign car makers.

9. They weren't green until they had to be green.

10. THEY SHOULD HAVE JUST GONE OUT OF BUSINESS!!!

Originally posted at InjuryBoard by Jon Lewis

Chrysler Bankruptcy Will Leave Product Defect Victims Empty-handed

Jason Knowles — Thu, 18 Jun 2009 17:42:46 GMT

There is an interesting article in the June 10, 2009, issue of BusinessWeek which discusses the effect of Chrysler’s bankruptcy protection on those injured or killed by a faulty Chrysler vehicle. Under the terms approved by the Bankruptcy Court on June 1, 2009, the “new” Chrysler will not be liable for product defect claims involving any vehicles sold before it came into existence. Thus, under the Court’s order, it appears that anyone with a pending injury or death claim against Chrysler has no hope of recovery and that the “new” Chrysler is shielded from suits filed by anyone injured in a future accident involving a Chrysler vehicle currently on the roads.

My brother, Alexander City, Alabama attorney Jeremy Knowles, whose firm, Morris, Haynes & Hornsby, won a $52 million verdict against Chrysler in 2005, summed it up best when he told BusinessWeek that “people with personal injuries or life-ending injuries should be at the top of the list, not the bottom”.

The looming question now is whether General Motors will win the same kind of liability protection in its bankruptcy case. With about 31 million Chrysler vehicles on the road and about 74 million GM vehicles on the road, according to the Insurance Institute for Highway Safety, the bankruptcy courts’ decisions will profoundly affect thousands of consumers and accident victims.

Originally posted at InjuryBoard by Jason Knowles

Defective Valve Stems - What You Should Know

Gibson Vance — Thu, 11 Dec 2008 10:42:32 GMT

Tech International, one U.S. distributor of Chinese-made valve stems, issued a massive recall of approximately 6 million “Replacement Snap-In Tire Valve Stems.” The stem has been tentatively linked to at least one fatal rollover crash of an SUV in Orlando, Florida.

The valve stems were made for Dill Air Control Products of Oxford, N.C., by Shanghai Baolong Industries Co. in China. The National Highway Traffic Safety administration has opened an investigation of Dill Air Controls Products, which manufactured approximately 30 million of the Dill TR400 Series tire valves in 2006. Per the NHTS report, the “tire valves can crack and leak air. A leaking tire valve could result in tire deflation, tire damage (e.g. overheating, rupture) and possible vehicle control problems.”

Consumers should check their tires to make sure they do not contain the rubber replacement tire valve stems. This is especially important if you have had a tire replaced since July 2006.

Unfortunately, that is easier said then done because once a valve stem has been installed the only way to check to see if it is in fact one of the defective models is to completely dismount the tire from the wheel and check it from the inside. Also, most service centers do not keep records of any valve stems they may have installed on a vehicle. Once they are out of the box and on a vehicle there is no tracking, so customers can’t be notified.

Eugene Petersen, program leader for tire testing at Consumer Reports, says, “At a minimum, motorists should conduct a visual inspection of their valve stems. To do this, remove the hubcap and move the top of the stem around, checking for any signs of cracks in the base of the stem where it meets the wheel. Ideally, the consumer should have the tire removed from the wheel and checked by a professional to make sure the valve is not one of the defective models.”

Below is a list of the model numbers your mechanic should look for:

TR-413

TR-413 CH

TR-414

TR-415

TR-418

TR-423

Originally posted at InjuryBoard by Gibson Vance

Peeemption, Bad Drugs, Devices & Products

Greg Cusimano — Thu, 12 Jun 2008 20:42:05 GMT

“Giving a free get out of jail card to negligent corporations” has been used to describe Preemption. That would give irresponsible corporations complete immunity from all lawsuits from Americans hurt by bad drugs and medical parts. There would be no hereafter for injuring or killing people because of defective products.

Why, when big, central government is getting bigger would Bush & many Republicans want to take away from states the right and power to enforce state law? Aren’t conservative Republicans for 'States Rights', home rule, and a smaller federal government? Don’t they complain that Democrats believe that government can and should do all things for all people? You probably know the answers to these questions.

Do we believe that if “big brother” (in the form of the Federal Food and Drug Agency (FDA)) allows a corporation to sell an unsafe drug or bad meat that injures or kills people, they shouldn’t be responsible? That the corporation that profited from the sale shouldn’t even have to answer how and why it happened--- that they should get off scot-free?

That is exactly what “Preemption” is. This administration has used the Preemption strategy to in effect eliminate state law in 52 federal rules since 2005. Those politicians giving negligent corporations a free pass would likely argue, “that only big brother federal government has the know-how to regulate and control the sale of these products. We can’t allow the people in the states to have a say or use their laws. We will use the federal law to handle these injuries and deaths!”

Really now! That is interesting, since, there are no federal laws that apply. If state law is not applied, those responsible are not required to be accountable for these injuries and deaths!

There are caring senators and congressmen in Washington, trying to correct this wrong—help them! Many others are supporting Preemption! Educate yourself, understand what is going on and ask them,“Why”!

Originally posted at InjuryBoard by Greg Cusimano

Cantaloupes Recalled Due to Salmonella

Shannon Weidemann — Mon, 24 Mar 2008 22:04:48 GMT

Cantaloupes from Honduras have been recalled after concerns that they were contaminated with salmonella surfaced. There have been 50 reports in the United States of people falling ill after eating the cantaloupes. The recalled cantaloupes were distributed by Agropecuaria Montelibano.

So far, 50 people have become sickened in 16 states and nine have become ill in Canada after eating the cantaloupes. No deaths have been reported, although 14 people have been hospitalized, the FDA said.
The government also is seeking to detain all cantaloupes shipped to the United States by Agropecuaria Montelibano.

Salmonella can cause an illness that includes diarrhea, nausea and vomiting. If you have recently consumed cantaloupe and experience any of these symptoms contact your health care provided right away. Consumers should contact their grocery store if they purchased cantaloupe recently to see where it came from.

Originally posted at InjuryBoard by Shannon Weidemann

Fentanyl Pain Patch Recall

Michael Roberts — Mon, 24 Mar 2008 17:59:11 GMT

Additional recall developments have occurred involving fentanyl pain patches. On February 18, Actavis, Inc. announced a recall of 14 lots of its patches, due to a fold-over defect that may cause leaks that expose patients directly to the fentanyl gel. Previously, a Johnson & Johnson subsidiary recalled certain lots of its fentanyl patches, marketed under the name of Duragesic.

The FDA stated that damaged patches should be not be handled directly and that anyone who comes into contact with the fentanyl gel should thoroughly rinse the exposed skin with large amounts of water only, and not to use soap. Exposure to fentanyl gel can lead to life-threatening adverse events, such as respiratory depression and possible overdose.

Originally posted at InjuryBoard by Michael Roberts

Contaminant Found in Blood Thinner Herapin

Jenny Albano — Wed, 19 Mar 2008 21:01:05 GMT

A contaminant has been found in the blood thinner herapin that has been associated with 19 deaths. U.S. health officials are trying to figure out how the chemical made its way into the drug. The contaminant is called oversulfated condroitin sulfate, which does not naturally occur.

The herapin in question was recalled on February 28 and the FDA says there have not been any new deaths since that time. The main ingredient from the blood thinner was imported from China.

Condroitin sulfate is a natural compound that occurs widely and can be used as a dietary supplement, but the oversulfated version has not been widely studied. The FDA does not know whether the chemical was accidentally or deliberately added to the herapin and are investigating. The FDA has started testing all imported herapin into the U.S. so doctors and patients can use the product safely.

Condroitin sulfate is a compound in the same family as heparin, so preliminary testing did not identify it, but more exacting tests by the government and some university researchers found the contaminant.

Oversulfated condroitin sulfate would be less expensive to make than heparin, but FDA officials said they could not estimate the cost difference. The lots of heparin linked to hundreds of allergic reactions were marketed by Baxter International and produced in China. FDA said Chinese officials have been highly cooperative in the investigation.

The FDA said that they could not conclusively link the oversulfated condroitin sulfate to the deaths and side effects, but they have not identified any other contaminant.

Originally posted at InjuryBoard by Jenny Albano

Deep Fryers Recalled Over Fire Hazard

Shannon Weidemann — Tue, 11 Mar 2008 16:59:17 GMT

A recall has been issued for over 27,000 deep fryers. The recalled deep fryers were sold by J.C. Penney through mail order and online sales. They may cause a fire or burn the person using it.

The Chinese-made Cooks deep fryer were sold for about $50 each and has a brushed stainless steel exterior, a wire mesh basket with a handle, a lid with a window and black handles. The deep fryer has a 1/3-gallon capacity. "Cooks" is stamped on the side of the deep fryer and model number 22016 is printed on the bottom of the deep fryer.

The problem with the deep fryers is a bad heating element. J.C. Penney is offering a full refund for the item. They have received five reports of problems with the deep fryer. One person was burned by it.

If you would like to read more about product recalls, please visit InjuryBoard's Defective & Dangerous Products information page.

Originally posted at InjuryBoard by Shannon Weidemann