Injuryboard Commentary - lawsuit

AAJ Goes Underground to Debunk Rumors About Tort Reform

David Mittleman — Fri, 04 Dec 2009 10:00:00 GMT

The American Association for Justice is getting an important message across by advertising in Union Station throughout December. Blanketing the metro station’s walls, the message reads “98,000 patients may die annually from medical errors…That’s like 737s crashing every day for a whole year…Tort law won’t fix health care…Tell Congress to put patients first.” The message is meant to counter Republican attacks against healthcare reform legislation: Republicans and health insurance companies have rallied for putting limits on medical liability lawsuit awards, claiming that tort reform is the answer to the escalating costs of private health care insurance.

Union Station is one of most highly-trafficked areas for commuters travelling to our nation’s capital. The American Association for Justice specifically wants to remind Senate staffers that many people die of medical errors, and will be left with no recourse if Republicans have their way with tort reform.

As the American Association for Justice so aptly states, “health care reform is about making sure that every American has access to quality, low-cost healthcare, not about limiting the rights of innocent patients harmed by medical negligence.” Despite the opposition’s arguments, tort reform would do very little in reducing current health care costs. In fact:

· Medical malpractice is a tiny percentage of health care costs – less than one and a half percent of overall spending – according to the Government Accountability Office (GAO) and Congressional Budget Office (CBO). Restricting patients’ legal rights would have little to no effect on premiums or health care costs.

· Medical malpractice suits are less than one percent of the entire civil caseload, and have been declining for nearly a decade.

· The GAO and CBO have found no evidence of so-called “defensive medicine,” instead determining that doctors run additional tests to generate more income or help diagnose patients.

Originally posted at InjuryBoard by David Mittleman

Connecticut AG Announces Suit Against CVS for Selling Expired Products

David Mittleman — Thu, 03 Dec 2009 10:00:00 GMT

New York Attorney General, Andrew Cuomo, recently sued and successfully settled with CVS for $875,000 after discovering that the pharmaceutical company was selling expired products at 60% of its New York stores. Now Connecticut Attorney General, Richard Blumenthal is following in a similar vein.

According to a statement from AG Blumenthal, his office is suing a unit of CVS Caremark Corp. for selling expired over-the-counter drugs and products in its stores in Connecticut. Specifically, according to his statement, investigators from his office found expired food, beverages, as well as the expired over-the-counter medications. In total, the expired merchandise was on sale in 20 or more CVS stores between 2008 and 2009.

A CVS spokeswoman claims that the company only became aware of a problem after it received notice of the suit from AG Blumenthal’s announcement on Monday. Nevertheless, the company maintains that the health and safety of its customers is its top priority and is committed to maintaining proper inventory management to ensure that expired products don’t sit on store shelves. However, the Connecticut branches may still face a similar fate to that of their New York counterparts.

Originally posted at InjuryBoard by David Mittleman

Doctor Wins Retaliation Lawsuit against Hospital

Beth Janicek — Tue, 01 Dec 2009 15:41:28 GMT

A radiation oncologist who previously worked for the University of Pittsburgh Cancer Institute won a potential $3 million verdict on charges that she was retaliated against for raising concerns about discrimination. The jury recommended that Dr. Kristina Gerszten be awarded $1.5 million in back pay and $827,292 in front pay from the University of Pittsburgh Cancer Institute. Those figures are only advisory, and it will be up to U.S. District Judge Arthur J. Schwab to determine the final amount the defendant will have to pay. In addition to back and front pay, the verdict includes an addition $200,000 in compensatory damages, as well as $300,000 in punitive damages.

Dr. Gerszten filed a federal lawsuit in September 2008 alleging that she had been discriminated against because of her gender and retaliated against for making the original complaint to hospital officials. The jury did not find any evidence of sex discrimination, but determined that she was retaliated against when the University of Pittsburgh Cancer Institute failed to hire her as a medical director at both UPMC St. Margaret and its facility in Natrona Heights.

Lawsuits against the employer for retaliatory discharge are often difficult cases. Employees who lose their job for the wrong reasons quickly discover that most laws are written against them. Fortunately, Dr Gerszten was able to hold the hospital accountable. We want to encourage people to report suspected wrongs such as discrimination without fear of repercussions.

Originally posted at InjuryBoard by Beth Janicek

Yaz / Yasmin / Ocella Side Effects: Thousands Sue Bayer For Birth Control Problems

Brett Emison — Tue, 01 Dec 2009 13:12:44 GMT

The Washington Times reported that thousands of women are suing Bayer because of serious side effects from its popular contraceptives (birth control pills) Yaz and Yasmin.

After 13 hours of intensifying pain, two trips to the emergency room and two CT scans, doctors finally found what was ailing Lottie Green.

In her left lung, the pulmonologist told her, was the largest blood clot they had ever seen and there were others in her right lung as well, she said.

Soon after the 41-year-old Bethesda, Md., resident was released from a hospital last month, Ms. Green joined hundreds of other women in lawsuits against Germany's Bayer AG, the maker of the popular oral contraceptive Yaz.

Her attorneys say thousands more lawsuits are forthcoming after the British Medical Journal in August published a study that found higher risks of clots, heart attacks and strokes with Yaz and its predecessor, Yasmin, compared with other contraceptives.

Why Are Yaz / Yasmin / Ocella So Dangerous?

Popular birth control pills, Yaz, Yasmin and Ocella, have been linked to serious and potentially deadly side effects. This deadly side effects affect women of all ages, including teens and young women.

Yaz, Yasmin and Ocella have been linked to serious side effects, such as heart attack, stroke, pulmonary embolism (PE), deep vein thrombosis (DVT), gallbladder disease and sudden cardiac death.

Despite these serious side effects, Bayer marketed these drugs to young women not only as a contraceptive, but to relieve symptoms of severe PMS and as an acne fighter.

The FDA reprimanded Bayer late last year for overstating the benefits and downplaying the risks of Yaz in television advertisements. The slogan for Yaz was "beyond birth control."

Bayer marketed Yaz to women in their 20s. Commercials cultivated a hip, youthful image set to rock music, and advertised Yaz as a treatment for acne and premenstrual syndrome (PMS).

The FDA called Bayer's advertisements "misleading" and reprimanded Bayer in a number of official FDA letters. Bayer's conduct was so egregious that the FDA ordered Bayer to run a $20 million "corrective" ad campaign.

"I can't think of anything even remotely as large scale as this corrective advertising," said Michael A. Santoro, an associate professor of business ethics at Rutgers University.

In August, the FDA again warned Bayer about poor quality control at a German plant that makes Yaz's key ingredient -- drospirenone.

How Does Yaz / Yasmin / Ocella Cause Such Serious Side Effects?

Yaz and Yasmin contain the chemical, Drosperinone, which acts as a diuretic and causes fluid loss. This fluid loss decreases sodium in the blood and increases potassium. This imbalance causes irregular heartbeats and blood pooling, resulting in heart attacks, blood clots and stroke.

What Can I Do If I Have Experienced A Yaz / Yasmin / Ocella Side Effect?

Our firm has teamed up with the very best trial lawyers in the country to litigate Yaz and Yasmin lawsuits in the Multi-District Litigation (MDL) pending in the Southern District of Illinois, near St. Louis.

In fact, one of our team, Mark Niemeyer of Onder Shelton O'Leary & Peterson, LLC, is one of only three in the country to be selected by the Court to act as co-lead counsel for these Yaz and Yasmin cases.

"My role in this MDL is simply a reflection of the commitment of all us . . . to the women or families of women who suffered grave heath consequences after taking Yaz or Yasmin and just how seriously we take all our cases," said Mr. Niemeyer.

You can contact our team for a free case evaluation.

What Is An MDL? How Does An MDL Effect My Case?

You can find out more about MDLs and how they work at this recent post.

An MDL is like a class action, but with important differences. Instead of only one "case" (like in a class action), each plaintiff in the MDL maintains his or her own claim. However, because of many areas of common interest, the thousands of cases are consolidated for much of the pre-trial work up. For example, all of the cases filed in federal courts across the country will be transferred and consolidated in front of a single trial judge. The trial judge will appoint certain attorneys to represent all of the plaintiffs for various issues during pre-trial work up, such as discovery (fact-finding), motions, and scientific testing.

Lead counsel for the MDL is appointed by the trial judge. This small group of attorneys (for the Yaz MDL, there are only three attorneys appointed as co-lead counsel) will manage all of the pre-trial work up of all cases (potentially thousands) within the MDL.

If you file your Yaz or Yasmin claim in federal court, the three co-lead counsels -- including Mark Niemeyer of our team of attorneys -- will manage the work up of your case until trial.

Who Are Members Of This Team Of Attorneys?

The Onder Law Firm, based in St. Louis, Missouri has a track record of success and results for their clients in pharmaceutical litigation, personal injury claims, class actions and multi-district litigation (MDLs). Other lawyers across the country seek the firm's experience and expertise on complex litigation in specialty areas like dangerous drug cases.

Langdon & Emison, with locations in Chicago, St. Louis and near Kansas City, is one the country's premier trial firms, successfully taking on the largest corporations in the country. Langdon & Emison fought General Motors to the United States Supreme Court. . . and won. Baker v. General Motors held that corporations could not buy the silence of their employees and is taught in law schools across the country. The lawyers at Langdon & Emison actually try cases and have built a reputation for getting results for their clients with total recoveries of more than half a billion dollars. You can learn more by visiting Langdon & Emison's safety blog or profile.

Standly Hamilton, based in Dallas, Texas, litigates cases involving important social issues, dangerous pharmaceutical drugs, catastrophic personal injury, and wrongful death.

Learn More

You can learn more about the serious side effects of Yaz, Yasmin and Ocella and find out what to do if you or a loved one have suffered any of these dangerous side effects at this Yaz/Yasmin/Ocella informational and safety web site.

Originally posted at InjuryBoard by Brett Emison

Toyota's Record Accelerator Recall Surprises Unprepared Dealers

Brett Emison — Tue, 01 Dec 2009 10:27:10 GMT

Chris Weiss of MotorCrave.com has reported that the largest recall in Toyota history -- an attempt to solve the sudden acceleration problem that has plagued Toyota for more than five years -- caught Toyota dealers off guard.

According to industry journal Wards Automotive, Toyota failed to fully inform its dealer network of the pedal and floor modifications needed to repair the accelerator issue before making the recall announcement. Subsequently, confused drivers began contacting their nearest dealer to get a little more info and were met with an unprepared, dumbfounded response.

Toyota originally linked the accelerator problem to certain floor mats installed in Toyota vehicles. However, Toyota's position was quickly rebuked by the safety experts at the National Highway Traffic Safety Administration (NHTSA), which called Toyota's statements "inaccurate and misleading".

After years of hand wringing, Toyota just last week expanded the scope of its massive recall of nearly four million vehicles in an attempt to finally find the cause of the Toyota sudden acceleration problem. As part of the recall, Toyota announced it would shorted the length of gas pedals and then, finally, replace the gas pedals on 3.8 million Toyota vehicles. Toyota also announced it would install brake override systems on just some of its vehicles as part of the recall.

However, many independent safety experts have warned that the Toyota recall does not go far enough. Toyota is only making these critical safety changes on the seven recalled Toyota models. Many safety experts have said (for example, here, here and here) that Toyota's recall is not enough and will not fix the underlying accelerator problem.

Toyota continues to focus on the floor mat connection even though independent safety experts and crash data suggest the problem runs much deeper and stems from Toyota's electronic throttle controls.

"With the electronic throttle, the driver is not really in control of the engine," said Antony Anderson, a Britain-based electrical engineering consultant who investigates electrical failures and has testified in sudden-acceleration lawsuits. "You are telling the computer, will you please move the throttle to a certain level, and the computer decides if it will obey you."

Reports have shown that sudden acceleration events increased by more than 500% after Toyota introduced its electronic drive-by-wire system in 2002.

Toyota failed to include a critical safety device -- sometimes referred to as a SmartBrake or SmartPedal -- that will override the electronic throttle and allow the vehicle to slow down during a sudden acceleration event. Many other car makers incorporated this critical safety device when transitioning from mechanical to electronic throttle control. Toyota did not.

Even now, Toyota will incorporate the SmartBrake into only some of its vehicles.

Until Toyota finally creates a solution that actually fixes the problem, all Toyota drivers must be prepared. You can learn how to stop your vehicle if it experiences the sudden acceleration problem at this post.

You can learn more about the Toyota sudden acceleration defect by reading these previous reports of Toyota's sudden acceleration problem:

Toyota Recall: Experts Point To Electronic Throttles; Not Floor Mats In Sudden Acceleration Problem

Toyota Sudden Acceleration Recall: Company Vows To "Make Better Cars"

Toyota Sudden Acceleration: Safety Experts Want Toyota Recall Expanded

Toyota Sudden Acceleration Recall: Company Focuses On Wrong Problem

Toyota Recall Won't Fix Accelerator Problem

Toyota Denied Sudden Acceleration Problem For More Than 5 Years

"Inaccurate and Misleading" Statements On Toyota Sudden Acceleration Problem

Toyota Sudden Acceleration: Case Is Not Closed

Safety Group Responds To Toyota On Sudden Acceleration Defect

Toyota Has More Troubles Than Just Sudden Acceleration

You can learn more about Toyota's dangerous sudden acceleration defect at our auto safety blog or by visiting our web site.

Learn more and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

Toyota Recall: Experts Point To Electronic Throttles; Not Floor Mats In Sudden Acceleration Problem

Brett Emison — Mon, 30 Nov 2009 11:09:26 GMT

The Los Angeles Times has reported that safety data points to Toyota electronic throttles -- not floor mats -- as the primary cause of sudden acceleration problems.

Amid widening concern over acceleration events, Toyota has cited 'floor mat entrapment.' But reports point to another potential cause: the electronic throttles that have replaced mechanical systems.

Complaints of sudden acceleration increased after Toyota and Lexus switched their accelerator pedal controls from mechanical to electronic in 2002.

What's The Difference Between Mechanical and Electronic Throttle Control?

Mechanical Throttle Control:

The accelerator pedal pulls a cable that physically opens the throttle valve, allowing the intake of gasoline into the engine.

Electronic Throttle Control:

The accelerator pedal triggers a sensor that signals the vehicle's computer to send gasoline into the engine.

Toyota Continues To Ignore Throttle Problem And Focus On Floor Mats

Eric Weiss was stopped at a busy Long Beach intersection last month when he said his 2008 Toyota Tacoma pickup unexpectedly started accelerating, forcing him to stand on the brakes to keep the bucking truck from plowing into oncoming cars.

Toyota Motor Corp. says the gas pedal design in Weiss' truck and more than 4 million other Toyota and Lexus vehicles makes them vulnerable to being trapped open by floor mats, and on Wednesday, it announced a costly recall to fix the problem.

***

Amid widening concern over unintended acceleration events, including an Aug. 28 crash near San Diego that killed a California Highway Patrol officer and his family, Toyota has repeatedly pointed to "floor mat entrapment" as the problem.

But accounts from motorists such as Weiss, interviews with auto safety experts and a Times review of thousands of federal traffic safety incident reports all point to another potential cause: the electronic throttles that have replaced mechanical systems in recent years.

The Times found that complaints of sudden acceleration in many Toyota and Lexus vehicles shot up almost immediately after the automaker adopted the so-called drive-by-wire system over the last decade. That system uses sensors, microprocessors and electric motors -- rather than a traditional link such as a steel cable -- to connect the driver's foot to the engine.

For some Toyota models, reports of unintended acceleration increased more than fivefold after drive-by-wire systems were adopted, according to the review of thousands of consumer complaints filed with the National Highway Traffic Safety Administration.

Safety experts say all Toyota vehicles should include a Smart Brake system that will override the electronic throttle when the brake is engaged. Many other manufacturers include this critical safety feature, but Toyota has not yet implemented the safety device. Only after several injuries and deaths from sudden acceleration has Toyota even considered the Smart Brake and, even now, for only some of its vehicles.

"With the electronic throttle, the driver is not really in control of the engine," said Antony Anderson, a Britain-based electrical engineering consultant who investigates electrical failures and has testified in sudden-acceleration lawsuits. "You are telling the computer, will you please move the throttle to a certain level, and the computer decides if it will obey you."

After more than five years of ignoring the unintended acceleration defect, Toyota's proposed solutions will not fix all of the accelerator problems.

Independent auto safety experts said that though all of Toyota's fixes would help reduce the problem, it has not gotten to the root cause.

"These incidents are coming in left and right where you can't blame the floor mats," said Sean Kane, president of the consulting firm Safety Research and Strategies. "So they are chipping away at a problem that is widespread and complicated without having to unravel a root cause that could be very expensive."

You can learn more about the Toyota sudden acceleration defect by reading these previous reports of Toyota's sudden acceleration problem:

Toyota Sudden Acceleration Recall: Company Vows To "Make Better Cars"

Toyota Sudden Acceleration: Safety Experts Want Toyota Recall Expanded

Toyota Sudden Acceleration Recall: Company Focuses On Wrong Problem

Toyota Recall Won't Fix Accelerator Problem

Toyota Denied Sudden Acceleration Problem For More Than 5 Years

"Inaccurate and Misleading" Statements On Toyota Sudden Acceleration Problem

Toyota Sudden Acceleration: Case Is Not Closed

Safety Group Responds To Toyota On Sudden Acceleration Defect

Toyota Has More Troubles Than Just Sudden Acceleration

You can learn more about Toyota's dangerous sudden acceleration defect at our auto safety blog or by visiting our web site.

Learn more and become a fan of Langdon & Emison on Facebook.

Update: Toyota's Record Accelerator Recall Surprises Unprepared Dealers

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Update: Toyota Recall: Experts Point To Electronic Throttles; Not Floor Mats In Sudden Acceleration Problem

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Originally posted at InjuryBoard by Brett Emison

Yaz / Yasmin / Ocella Side Effects: Thousands of Lawsuits Filed Across The Country

Brett Emison — Sun, 29 Nov 2009 11:18:56 GMT

There are reports of thousands of lawsuits across the country stemming from the serious and deadly side effects Yaz, Yasmin and Ocella.

In fact, there are so many lawsuits coming into New Jersey over Yaz and its sister contraceptive, Yasmin, that the New Jersey judiciary is considering forming a mass tort case against Bayer, located in Wayne, New Jersey.

Courthouse News Service reports that Bayer is facing more than 125 lawsuits over Yaz and up to six new cases a day are being filed around the country. Lawyers predict there could be 1,000 cases filed in the state.

The cases have been filed against Bayer, maker of Yaz and Yasmin, and Teva Pharmaceuticals, which makes the generic version, Ocella.

***

All three oral contraceptives are among the most widely used and involve a combination of ethinyl estradiol with drospirenone. It has been linked to health problems including strokes, heart attacks, deep vein thrombosis, gallbladder disease, pulmonary embolisms and death.

Bayer says its studies, which it financed, find cardiovascular risks among women on the Bayer products were comparable to an older formula of birth control pills and that patient safety is its top priority.

Buy Bayer’s credibility was questioned when the company received an FDA letter that it had to retract misleading television commercials that the FDA said overstated the drug’s efficacy and promoted it to relieve premenstrual syndrome, for which it is not approved. Bayer says it spent $20 million on the retraction.

Then in August, the FDA said Bayer did not follow proper quality control procedures in its drug making plant.

***

Federal Yaz litigation has already been consolidated for pretrial proceedings in an MDL or multidistrict litigation in East St. Louis. Pennsylvania state court is consolidating the Yasmin and Yaz lawsuits in Philadelphia.

"My role in this MDL is simply a reflection of the commitment of all us . . . to the women or families of women who suffered grave heath consequences after taking Yaz or Yasmin and just how seriously we take all our cases," said Mr. Niemeyer.

What Is An MDL? How Does An MDL Effect My Case?

You can find out more about MDLs and how they work at this recent post.

If you file your Yaz or Yasmin claim in federal court, the three co-lead counsels -- including Mark Niemeyer of our team of attorneys -- will manage the work up of your case until trial.

Who Are Members Of This Team Of Attorneys?

Standly Hamilton, based in Dallas, Texas, litigates cases involving important social issues, dangerous pharmaceutical drugs, catastrophic personal injury, and wrongful death.

How Do Yaz / Yasmin / Ocella Cause Such Serious Problems?

Yaz, Yasmin and Ocella have been linked to serious side effects, such as heart attack, stroke, pulmonary embolism (PE), deep vein thrombosis (DVT), gallbladder disease and sudden cardiac death.

Learn More

Originally posted at InjuryBoard by Brett Emison

Toyota Sudden Acceleration Recall: Company Vows To "Make Better Cars"

Brett Emison — Sun, 29 Nov 2009 10:24:32 GMT

Bloomberg has reported that, on the heels of a 4.2 million vehicle recall for accelerator problems, Toyota has vowed to "make better cars."

Nov. 26 (Bloomberg) -- Toyota Motor Corp. plans to fix accelerator pedals on 4.26 million vehicles in the U.S., its biggest recall, as the world’s largest automaker works to fulfill a vow to “make better cars.”

The company will also install automatic brake systems in some vehicles after drivers reported cases of sudden acceleration, the U.S. Transportation Department said yesterday. The recall covers eight models, including Camry, Lexus and Prius cars and Tacoma and Tundra trucks.

Toyota’s recall, at least the third involving more than 100,000 U.S. autos in the past two years, dents a reputation for vehicle quality established in surveys including those by researcher J.D. Power & Associates. Toyota wrested the global sales crown from Detroit-based General Motors Co. last year.

“More recalls may follow,” said Koji Endo, managing director of Advanced Research Japan, a Tokyo-based equity research company. “Toyota has common parts and platforms across many models, so a defect found in one component has a broad impact.”

Why is Toyota only installing "smart brakes" in some of its vehicles? Don't all Toyota drivers and passengers (not mention other innocent drivers on America's roads) deserve the same level of safety? Why has it taken Toyota so long to install a smart brake system when other auto makers have had it for years? And now, why do only some Toyota cars get this critically safety feature?

An analyst at IHS Global Insight may have the answer:

“The frame issue with the Tundra and Tacoma is an obvious defect,” said Aaron Bragman, a product analyst at IHS Global Insight Inc. in Troy, Michigan. The “unintended acceleration issue is far more nebulous, however. Given the court of public opinion, Toyota has to respond.”

This so-called auto expert says that Toyota's rust problem is an "obvious defect", but that the sudden acceleration is "nebulous." Really?? Tell that to the families of those killed by this "nebulous" defect. Tell that to those who have been paralyzed by this "nebulous" defect. Tell that to the thousands of people who have had their Toyotas take off and accelerate out of control.

This is a prime example of what is wrong with car companies today. A defect that creates rust is obvious... while a defect that actually kills people is "nebulous".

Many actual auto safety experts are convinced that Toyota's recall does not go far enough and more sudden acceleration accidents will occur.

I have been tracking experts who have repeated said (for example, here, here and here) that Toyota's recall is not enough and will not fix the underlying sudden acceleration problem.

After ignoring the accelerator problem for more than 5 years, Toyota is continuing to ignore the problem in many of its models.

According to Sean Kane of Safety Research & Strategies:

These new fixes may allow the driver to better control a runaway Toyota, and are important steps toward controlling the SUA problem. But Toyota’s latest recall does nothing for owners of problem models excluded from the recall.

You can learn more about the Toyota sudden acceleration defect by reading these previous reports of Toyota's sudden acceleration problem:

Toyota Denied Sudden Acceleration Problem For More Than 5 Years

"Inaccurate and Misleading" Statements On Toyota Sudden Acceleration Problem

Toyota Sudden Acceleration: Case Is Not Closed

Safety Group Responds To Toyota On Sudden Acceleration Defect

Toyota Has More Troubles Than Just Sudden Acceleration

You can learn more about Toyota's dangerous sudden acceleration defect at our auto safety blog or by visiting our web site.

Learn more and become a fan of Langdon & Emison on Facebook.

____________________________________________________________

Update: Toyota's Record Accelerator Recall Surprises Unprepared Dealers

____________________________________________________________

Update: Toyota Recall: Experts Point To Electronic Throttles; Not Floor Mats In Sudden Acceleration Problem

____________________________________________________________

Originally posted at InjuryBoard by Brett Emison

Toyota Sudden Acceleration: Safety Experts Want Toyota Recall Expanded

Brett Emison — Sat, 28 Nov 2009 09:35:54 GMT

WSMV is reporting that safety advocates want the Toyota sudden acceleration recall expanded.

Car safety advocates say Toyota's recall plan to fix nearly $4 million vehicles with sudden acceleration problems is not enough.

The Channel 4 I-Team has been tracking the problems for two years.

This week, Toyota said it will shorten the length of the gas pedals to temporarily fix sudden acceleration and prevent the pedal from becoming stuck in the floor mat.

But it's only making the changes on seven recalled models.

Safety advocates say owners of other models have complained, too, and that Toyota should expand the recall.

They also suggest making changes to the under-funded National Highway Traffic Safety Administration, which has been investigating these reports.

I've been tracking experts who have repeated said (for example, here, here and here) that Toyota's recall is not enough and will not fix the underlying sudden acceleration problem.

After ignoring the accelerator problem for more than 5 years, Toyota is continuing to ignore the problem in many of its models.

Safety experts have identified more than 2,100 sudden acceleration events in Toyota vehicles. Many of these sudden unintended acceleration occurrences involved vehicles without floor mats or involved vehicles not subject to the Toyota acceleration recall.

Toyota's recall does nothing to protect the drivers of Toyota vehicles not recalled.

You can learn more about the Toyota sudden acceleration defect by reading these previous reports of Toyota's sudden acceleration problem:

Toyota Denied Sudden Acceleration Problem For More Than 5 Years

"Inaccurate and Misleading" Statements On Toyota Sudden Acceleration Problem

Toyota Sudden Acceleration: Case Is Not Closed

Safety Group Responds To Toyota On Sudden Acceleration Defect

Toyota Has More Troubles Than Just Sudden Acceleration

You can learn more about Toyota's dangerous sudden acceleration defect at our auto safety blog or by visiting our web site.

Learn more and become a fan of Langdon & Emison on Facebook.

____________________________________________________________

Update: Toyota's Record Accelerator Recall Surprises Unprepared Dealers

____________________________________________________________

Update: Toyota Recall: Experts Point To Electronic Throttles; Not Floor Mats In Sudden Acceleration Problem

____________________________________________________________

Originally posted at InjuryBoard by Brett Emison

Florida Jury Lights Up Big Tobacco for $300 Million

David Mittleman — Tue, 24 Nov 2009 13:49:02 GMT

In a clear message to the cigarette manufacturer, Philip Morris, a Florida jury has ordered the company to pay $300 million in damages to ex-smoker, Cindy Naugle, who is wheelchair-bound due to her emphysema. The verdict represents the largest in the series of Engle-Progeny cases tried to date.

Naugle will receive $56.6 million in past and future medical expenses as well as $244 million in punitive damages. Nevertheless, Philip Morris has already stated that it will seek further review of the verdict, arguing that there were “numerous erroneous rulings by the trial judge” and that the punitive damages award was “grossly excessive”.

Naugle’s is but one of the 8,000 individual cases brought against big tobacco since a 2006 Florida Supreme Court ruling that tossed out a massive class-action lawsuit that covered some 700,000 smokers. Despite the dismissal of the class action suit, the high court allowed members of the class to file individual complaints. Also, the high court allowed the initial jury’s finding that big tobacco knowingly sold dangerous products and hid risks from people to be presented in Ms. Naugle’s trial. The initial suit that was overturned by the Florida Supreme Court, Engel v. Progeny, resulted in damages of $145 billion.

Originally posted at InjuryBoard by David Mittleman