Product Liability

Published on: April 8, 2014

The recent GM massive recall demonstrates how personal injury lawyers play an important role in protecting consumers from defective products and safety hazards

When a Personal Injury Lawyer is representing a plaintiff in a Product Liability case he usually works with a team of experts including engineers who will have to demonstrate that the injuries or the death of the plaintiff were the result of a defective design in the product or a flaw in the manufacturing of the defective product.

In a perfect world manufacturers supervised by regulatory agencies would be making sure that the products they sell are not in any way defective or dangerous to consumers. In reality manufacturers tend to put profits before safety and underfunded regulatory agencies are often too weak to assume their mandate of protecting the consumer.

29 year old Brooke Melton was driving a 2005 General Motors Chevrolet Cobalt when the engine suddenly shut off causing an accident that resulted in her death.

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Published on: April 3, 2014

Dräger, a medical device manfacturer, is recalling a defective battery power supply unit used with Evita V500 and Babylog VN500 ventilators

By GGCRBHS&M

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

Published on: March 19, 2014

General Motors recalled another 1.5 millions defective vehicles

By GGCRBHS&M

1.18 million mid-sized crossovers are being recalled because a defective wiring harness of seat-mounted side airbags may prevent the side airbags from deploying. Another 303,000 full size vans are also being recalled to replace plastic material in the passenger instrument panel to meet federal head-impact crash standards for unbelted passengers and finally 63,9000 XTS models are also recalled because a brake booster pump wiring issue can lead to overheating, melting of plastic parts and a possible engine compartment fire.

Ongoing product liability lawsuits against Johnson & Johnson’s defective transvaginal mesh products question the close ties between the medical-device industry and the doctors who can influence the information that the potential patients will receive

By GGCRBHS&M

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.

GM’s Defective Cars and Product Liability: according to NHTSA FARS database, 303 people died in a car accident after the airbag failed to deploy on two GM models that were recalled last month

By GGCRBHS&M

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”.

New York County Supreme Court: in the aftermath of the Fukushima Explosion, two class actions seek damages based on product liability against GE

By GGCRBHS&M

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

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Published on: March 12, 2014

Chrysler recalls the 2012-2013 Jeep Grand Cherokee and Dodge Durango for a defective braking system and the 2014 Fiat 500L for a defective transmission system

By GGCRBHS&M

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.

Product Liability – Failure to Train Patients and Caregivers on new Heart Pump model causes 5 personal injuries and 4 deaths

By GGCRBHS&M

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.

Product Liability: The National Highway Traffic Safety Administration sends a list of 107 questions to General Motors

By GGCRBHS&M

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.

Published on: March 3, 2014

New York federal court refuses to dismiss product liability claim against Bumble Bee

By GGCRBHS&M

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).