Archive for category Defective Products
Honda Recalls 300,000 Additional Vehicles for Air-Bag Issue
Posted by Chris in Defective Products on December 2, 2011
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| Honda Motor has announced a recall of 304,000 vehicles due to a problem with the air-bags, which may inflate with too much pressure during a crash. The recall covers vehicles manufactured in 2001 and 2002 across the globe. There have been 20 reported related accidents, including two fatalities in the U.S. and this is an expansion of 2008 and 2009 recalls for the same issue. Yuri Kageyama, USA Today 12/02/2011 |
| Read Article: USA Today |
Remember :You Can’t Sue for Injuries Incurred while Picking Pumpkins
Posted by Chris in Defective Products on October 17, 2011
:31-2-3987 Gronwald v. Modica, App. Div. (Buchsbaum, J.S.C.) (5 pp.) Plaintiff arrived at defendant’s farm to pick pumpkins when, due to the morning dew or frost on the grass, she slipped and fell. Plaintiff seeks damages for her injuries. In his motion for summary judgment, defendant contends that he is immune from liability pursuant to the farmers immunity statute. Plaintiffs oppose the summary judgment motion asserting that defendant owes a separate legal duty to provide a reasonably safe means of ingress and egress for business invitees. Here, Mrs. Gronwald entered defendant’s land for the purpose of picking pumpkins. Pumpkins, as horticultural products, fall within the purview of the statute. It is natural in the course of pumpkin-picking for patrons to park their vehicles and walk across the land to reach the farm. Further, dew and frost is a natural condition of the land. Thus, immunity applies because plaintiff’s entry on the land was for horticultural purposes as her injury resulted from a natural condition of the land. Defendant’s motion for summary judgment is granted.
Sienna Minivans Recalled by Toyota
Posted by Chris in Automotive Manufacturers Liability Lawsuits, Defective Products on December 14, 2010
Asbestos On Broadway- Mesothelioma Preview
Posted by Chris in Community, Defective Products, Mesothelioma on December 14, 2010
A number of years ago the famous actor Steve Mcqueen died from mesothelioma a form of cancer only caused by exposure to asbestos. At the time there was much speculation about the source of his exposure. Was it the snow that was used as a prop that was really asbestos? Was it the theater curtains he moved around? Several years later I was visiting London with my family and attended a play in the London Theater district. I was fortunate to sit close to the stage. As the band was warming up I noticed what appeared to be asbestos curtains. I knew this from my experience representing mesothleioma victims. So I went for a closer look. Sure enough the tag was still on the curtains indicating they were in fact made from asbestos and manufactured by a company known as Amatex. I thought to myself how primitive. These Brits obviously dont worry about these things the way we do. The show was great and the people in London could not have been nicer.
This week I learned that there is a case pending in NY City of a person who claims to have developed mesothleioma from theater curtains. My first response was that this must have been a result of exposure to curtains removed long ago. Asbestos curtains must have been reomoved from Broadway long ago? Well apparently that is not the case. Apparently asbestos curtains will be removed from Broadway in 2011 in accordance with the following schedule:
Schoenfeld Theater – 236 West 45th Street New York, NY – January 7 at 10 am.
· Music Box Theater – 239 West 45th Street New York, NY – January 21 at lOam.
Here is a portion of the letter from the asbestos defense lawyer:
Now everyone is on notice.
Hmm. Those Americans-how primitve!
DePuy Hip Replacement Recall Prompted by Manufacturer of Hip Replacement Devices
Posted by Chris in Hip Replacement Recall on November 29, 2010
DePuy Orthopaedics, Inc., a division of Johnson & Johnson issued a recall in August of this year on its ASR XL Acetabular System (a hip socket used in traditional hip replacement surgery) and ASR Hip Resurfacing System (a partial hip replacement that involves placing a metal cap on the ball of the femur)—both of which have been used in hip replacement surgery.
Both hip replacement products have been recalled by the manufacturer from hospitals, surgeons and patients because they have been linked to a high failure rate. The products also have the possibility to release high levels of metal ion into patients. Pain, swelling, problems walking and other complaints were noted by the company according to CNN Money. The FDA has received about 300 complaints about the ASR line of hip replacement devices since 2008 and after more than two years the company issued a release that it was recalling the two types of hip replacements.
About 93,000 of these devices have been implanted worldwide, the New York Times reported in March. Patients who have had the ASR line of hip replacement products have needed additional secondary surgeries to replace these devices. The medical procedure is what is known as a “secondary surgery.” These “secondary surgeries” can become very expensive and are painful procedures which could have been avoided had the hip replacement device not been marked as potentially defective.
“We are discovering that there are multiple clients throughout the U.S. who needed to receive additional surgeries as a result of injuries they suffered since the initial hip replacement surgery.” “They received DePuy hip replacement systems in those surgeries and subsequently experienced recurring injury, additional expense, and significant pain. We are currently exploring all legal options on behalf of clients.”
Anyone who has received a hip replacement in the U.S. after July 2003 may have have received a DePuy device that contains defects.
If you have suffered injury from the ASR hip replacement system, please fill out the form or contact us immediately at lawyers@cprlaw.com or give us a call at 1-888-375-7600.
If Drugs Were Like Cars I Guess We Would Be a Lot Safer
Posted by Chris in Avandia, Dangerous Drugs, Defective Products on February 27, 2010
According to an Institute for Safe Medication Practices report (see here) more than 1000 reports of patient deaths were received by FDA for rosiglitazone (AVANDIA) in the first three quarters of 2009, “more than any other drug we monitor.”
In contrast, at least 34 deaths have been linked to Toyota vehicle problems going back as far as 2004, forcing Toyota to recall more than 8 million vehicles worldwide.
The top executives of Toyota also had to appear before Congress and apologize profusely.
GSK (the maker of AVANDIA), on the other hand, is on an all out campaign to discredit the Senate investigation of AVANDIA.
According to one expert on the need to warn “If people are afraid to buy Toyotas, they should be about 400 times more afraid to take AVANDIA! I base this on an estimate of yearly death rates for AVANDIA (1333) vs Toyota (3.4). ”
Just like you can go out and buy a Honda instead of a Toyota, diabetes patients can go out and buy ACTOS instead of AVANDIA, according to Stephen Nissen, Chief Cardiologist at the Cleveland Clinic. If, that is, consumers evaluated drugs like they do automobiles.
Eli Lilly to pay 18.5 million over Zyprexa Marketing
Posted by Chris in Dangerous Drugs, Defective Products, Zyprexa on February 11, 2010
According to a report from the Associated Press, Mississippi will receive $18.5 million from drug maker Eli Lilly and Co. as part of a settlement over claims the company promoted the anti-psychotic Zyprexa for ailments it was not federally approved to treat.
The settlement recovers money the state spent through its Division of Medicaid and the State Insurance Plan, Hood said. The company also will pay $3.7 million in legal fees for the state.
Mississippi is one of 13 states that sued over Zyprexa. Eli Lilly spokeswoman Marni Lemons said settlements have been reached in seven others – Alaska, West Virginia, Connecticut, New Mexico, Idaho, Utah and South Carolina. Suits in Montana, Minnesota, Louisiana, Arkansas and Pennsylvania are still pending, she said.
The company paid a $1.4 billion settlement to the federal government in January 2009 after admitting it had promoted Zyprexa in elderly populations for treatment of dementia between 1999 and 2001.
According to the Atty. Gen. Hood, Zyprexa was approved by the Federal Drug Administration for “major psychotic problems,” but he said the company hired representatives who promoted the drug to physicians for use for any kind of depression.
“Unfortunately, the studies later found that the drug could cause diabetes so it did more harm than good,” Hood said.
Lemons said there was no scientific proof Zyprexa causes diabetes. The company has not admitted any wrongdoing in the Mississippi settlement.
Under the agreement, the company cannot make any claim about Zyprexa that is false, misleading or deceptive and the drug cannot be promoted for off-label uses, Hood said.
The settlement money will go into Mississippi’s general fund and comes at a time when the state’s revenue collections are projected to be far below estimates for the current fiscal year. Gov. Haley Barbour already has cut $437 million from the state spending plan.
This is yet another example of how improper marketing of pharmaceutical products continues to cost the public financially which has a direct affect on our tax base. The cost of healthcare should not be driven by the marketing practices of the pharmaceutical industry.
Cohen Placitella & Roth Force Numerous Asbestos Executives to Admit Knowledge of Asbestos Dangers, No Testing & No Warnings
Posted by Chris in Defective Products, Mesothelioma on January 17, 2010
Hundreds of thousands of working men and women were unwittingly exposed to asbestos both during the course of their employment and as consumers. The law imposes on the manufacturers the duty to warn and the duty to test. Despite these obligations and extensive knowledge of the dangers posed by asbestos exposure, warnings were not provided and people as a result became sick. Tens of thousands of people have died. Recent statistics demonstrate that the incidence of asbestos related mesothelioma has not even peaked as of 2010.
In representing people who have contracted mesothelioma, we have taken the depositions of numerous asbestos company representatives as well as executives from industrial facilities where asbestos was a known contaminant. You can read these depositions and draw your own conclusions as to whether the companies acted properly under the circumstances. All you need to do is to click on this link http://www.mesotheliomalegalblog.com/mesothelioma-litigation/depositions.html
Consumer Report: Bacteria Found in Chicken-Be careful
Posted by Chris in Community, Defective Products on December 10, 2009
Report: Bacteria in chicken too high
Consumer Reports latest tests, released today, of 382 whole chickens bought from more than 100 stores in 22 states, found that two-thirds harbor disease-causing bacteria—salmonella, campylobacter or both (read the full report). While one name brand, Perdue, and most air-chilled organic chickens were significantly less contaminated than Foster Farms and Tyson brand chicken, consumers still need to be extremely vigilant in handling and cooking chicken.
Cohen Placitella & Roth Trial Attorney ,Joel Rosen,Wins $8.5 Million Verdict for 22-Year-Old Who Suffered Multiple Catastrophic Injuries Due to Ford Motor Company’s Negligence
Posted by Chris in Defective Products on November 7, 2009
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