Articles Posted in Product Liability

The optional PS500 Power Supply Unit used with the Evita V500 and Babylog VN500 ventilators is defective and is being recalled by Dräger. The defective device may not indicate a low battery charge until the battery is totally depleted. When the battery is depleted, mechanical ventilation will stop and manual ventilation will be required until the device is connected to the main power. The company investigated the defective product after it received complaints that found that the batteries installed in the PS500 depleted much earlier than expected, although the battery indicator showed a significantly charged battery. No patient injuries have been reported so far.

For more info read the FDA press release and visit our product liability and defective products page

Documents related to the product liability lawsuits against J&J’s transvaginal mesh show that Vincente Lucent, a well-known urogynocologist who was paid $800,000 over 10 years by J&J, may have influenced the American College of Obstetricians and Gynecologists into changing the language of the product guidelines in their bulletin and have the word “experimental” removed.

Other documents related to the product liability lawsuits also indicate that that J&J tried to influence research papers by giving $750,000 to a Swedish University that was conducting a clinical trial of a transvaginal mesh procedure. The company tried to convince the professor who was doing the trial to sign a contract that would give J&J control of the trial but the professor refused.

Read more in the Wall Street Journal

As GM is facing multiple product liability lawsuits related to the defective ignition switch and the late recall of several of its models, the Center for Auto Safety, a private watchdog group in Washington just published a review that questions the efficiency of the NHTSA in detecting the problem.
According to the review , “the examination of NHTSA’s Fatal Analysis Reporting System (FARS) reveals 303 deaths of front seat occupants in the recalled 2005-07 Cobalts and 2003-07 Ions where the airbag failed to deploy in non-rear impact crashes”.

Read more in the New York Times

Two Summons with Notice have been filed in The New York County Supreme Court alleging that GE’s failure to properly design and maintain the Fukushima plant hurt more than 100,000 people. Lead plaintiff Mitsuru Okura demands at least $3 million per plaintiff and the second plaintiffs Sasaki Body Ltd. and Mihana Ltd are seeking $5 million in damages per class member. If successful these class actions could wipe out GE whose market capitalization is estimated at $260 billion.

Okura claims that GE’s negligence caused the explosion and the meltdown at the plant and that the radiation released from this accident caused class members “personal injury, mental anguish, emotional distress, property damage, business interruption, loss of business, loss of income, economic injuries, and ongoing long-term physical, mental and emotional health problems,”

Read more in the Court House News Service

A defect in Chrysler’s Ready Alert Braking system is causing a diminished break pedal feel in the 2012-2013 Jeep Grand Cherokee and Dodge Durango models. The defect didn’t lead to any accidents or injuries as Chrysler pointed out that the brake function was never lost nor was it out of compliance with regulations. The recall affects more than 25,000 cars in North America.

Chrysler also announced a separate recall for its 2014 Fiat 500L model because of a glitch in the transmission software that prevents some vehicles from shifting readily out of park. No accident nor injury have been reported. The fix consists of a software update and affects a little less than 20,000 cars in North America with some 20% of them remaining on dealer lots.

Read more in the Washington Post

4 patients died and 5 others suffered significant personal injury after Thoratec, a heart device manufacturer launched an updated version of a left ventricular assist device (LVAD), the HeartMate II LVAS, without providing sufficient information and training to patients and caregivers especially those who were originally trained on the older model.
The manufacturer issued a worldwide Urgent Medical Device Correction Letter to update its labeling and training material regarding the use of the HeartMate II® LVAS Pocket System Controller. The FDA issued a safety alert urging patients who are using the HeartMate II LVAS Pocket Controller to immediately contact their doctor for retraining and receive updated information on how to properly use the pump.

Read more in MarketWatch

Following General Motors car recalls related to a defective ignition switch, The NHTSA has opened a Timeless Query, TQ14-001 and sent a Special Order to GM with a list of 107 questions that must be answered by April 3rd 2014.
In a recent article in the New York Times, Christopher Jensen looks at some of the most interesting and unusual questions.

A methylmercury strict product liability claim against Bumble Bee will proceed. A New York federal Court refused to dismiss claims that the tuna company is strictly liable for and was negligent in failing to warn about the mercury in its products in a lawsuit alleging personal injury from excessive consumption of Bumble Bee’s tuna products which contain methylmercury. Porrazzo v. Bumble Bee Foods, LLC, No. 10-4367 (U.S. Dist. Ct., S.D.N.Y., order entered February 27, 2014).

Read more on Lexology

Adding to the costs of potential product liability lawsuits and the costs of replacing the defective ignition switch, General Motors is now facing a fine from the National Highway Traffic Safety Administration.

The agency announced yesterday that it “opened an investigation into the timeliness of General Motors’ recall of faulty ignition switches to determine whether GM properly followed the legal processes and requirements for reporting recalls”.

Read more on Reuters.com