Product Liability

Published on: January 11, 2012

Honda Recalls Motorcycles Due to Braking Problem – High risk of Motorcycle Accident

Honda has announced a recall of more than 100,000 motorcycles because of a potential braking problem.As personal injury lawyers know well, braking problems with motorcycles significantly increases the risk of a motorcycle accident and serious personal injury. The National Highway Traffic Safety Administration which announced the recall, says that the recall covers the 2001-10 and 2012 GL1800 models of touring motorcycles marketed as GoldWings.

According to Honda, the problem lies with a potential rear brake issue – the rear brake may be at least partially applied even after it has been released.If the motorcyclist continues riding with a partially engaged brake, it may generate enough heat to cause a fire in the rear brakes.Also, when a motorcyclist rides with an engaged brake, it could increase the risks of an accident.

Honda informed the National Highway Traffic Safety Administration that it learned about the potential problem in July 2010.A Honda motorcycle user had just finished riding his motorcycle, when there was a small explosion a few minutes after he finished riding.He saw flames emerging from the rear brake area.There were no injuries in that incident, and the motorcyclist was able to use an extinguisher to put out the flames.

Published on: December 28, 2011

Indiana Offers $300,000 Wrongful Death Settlement to Families of Victims of Stage Collapse

by Robert N. Katz, Esq.

The state of Indiana has offered a settlement of $300,000 to families of each of the 7 people who were killed during a stage collapse at the Indiana State Fair in August. This amount is substantially below the settlement value of these types of wrongful death claims. The rest of the $5 million compensation fund will be paid out to people who suffered a personal injury during the stage collapse. As personal injury attorneys are well aware, when a government entity is involved, victims are seldom fully compensated for their injuries or the death of their loved ones.

The stage collapse accident occurred at the Indiana State Fair in Indianapolis on August 13.Rigging on the stage collapsed in the late hours of the evening, killing 4 people immediately.One other person died the morning after the accident, and 2 other persons died in the days after the collapse.More than 40 persons were injured in the collapse.Just before the collapse, fair organizers and security officials had noticed strong winds measuring 77 mph, and had even been considering postponing the concert by Sugar Land that was due to take place.However, those plans to postpone the concert never materialized.

Under Indiana’s liability laws, the state’s liability in an accident like this is restricted to $5 million.Now, the state has proposed its plans to divide the $5 million.The state is offering a settlement of $300,000 to the families of each person killed in the collapse.Families of victims, who had been hospitalized before their deaths, are likely to receive additional compensation.More than 60 other persons were injured in the collapse, and they will be compensated from the remainder of the $5 million fund.The compensation for those were injured in the accident, is likely to depend on the severity of the injuries.Some of the injured are being offered settlements that amount to just about 60% of their total documented medical expenses.One of the injured, who was left paralyzed, has been offered compensation of $500,000.

Published on: November 18, 2011

More Than 300,000 Harley Motorcycles Recalled Due to Brake Light Failure – Product Liability Claims likely

by Robert N. Katz, Esq.

Harley-Davidson Inc. is announcing a recall of more than 308,000 motorcycles.The recall is being blamed on a potential brake light failure problem. These types of product defects can pose a significant risk to riders, greatly increasing the likelihood of motorcycle accident. Drivers often have trouble seeing motorcycles and, therefore, an inoperative brake light will make it even more difficult for them to observe a motorcycle stopping. Unfortunately, motorcycle accidents often result in severe personal injury and wrongful death.

According to the company, the brake light switches on its motorcycles can be exposed to excessive heat from the exhaust system, causing the brake lights to fail.This failure can cause a fluid leak, as well as the loss of the rear braking system. The loss of the rear braking system is likely to result in product liability claims since they are highly likely to cause a serious injury or death. Atlanta motorcycle accident lawyers have regularly encouraged riders to get their bikes regularly checked, but this is the type of issue that could not have been identified through regular maintenance absence a warning from the manufacturer.

According to the company, the Touring, CEO and Trike motorcycles are included in the recall.These motorcycles are from the 2009 to 2012 model years.The motorcycles were manufactured between June 2008 and September 2011.The company has already begun the process of notifying all Harley motorcycle owners about the recall.Owners of Harley motorcycles that are included in this recall are advised to visit their dealers for installation of a new rear brake light switch kit.The recall involves approximately 241,000 motorcycles in the United States, with the remainder in other countries.

Published on: October 31, 2011

CPSC Product Safety Database Hit with First Lawsuit – Effort to limit likelihood of Product Liability Claims

by Robert N. Katz, Esq.

This was something that Atlanta personal injury lawyers had been expecting.Ever since the Consumer Product Safety Commission database that allows consumers to upload complaints about products went online, the attorneys at our law firm have been expecting manufacturers to challenge the manner in which the database allows consumers to publicly post complaints about products.That is exactly what has now happened.An unidentified company has filed a lawsuit to block the Consumer Product Safety Commission from posting what it describes as “baseless allegations” about one of its products.

The database in question here is located on the website saferproducts.gov.The website is operated by the Consumer Product Safety Commission, and the establishment of the website was one of the provisions of the Consumer Product Safety Improvement Act of 2008.That law had been passed after a tumultuous couple of years for product safety in the country.Millions of children’s products and toys had been recalled for high lead content levels, and a number of other deficiencies.The database serves as an early identifier of products which contain defects which may result in severe personal injury or wrongful death.

The database which was launched in March this year, allows consumers to upload complaints about products.These complaints are posted online, and are publicly accessible.Other consumers can view these complaints, and make informed decisions about the products they want to buy.Consumers can post complaints about thousands of products.Manufacturers are given the opportunity to review these complaints, and post their responses.

Published on: October 18, 2011

Man Receives $48 million Award for Motrin Related Injury Lawsuit

by Robert N. Katz, Esq.

A man, who suffered severe skin rashes and blood blisters from the use of the painkiller Motrin, has been awarded $48 million for his injuries.The verdict came in California in a product liability lawsuit that has been closely watched by Atlanta personal injury lawyers. There are significant number of product liability claims arising out of ibuprofen pending in the United States. These cases include both serious personal injuries and wrongful death claims.

The plaintiff, a 22-year-old Southern California man says that he was 16 years old when he took Motrin for the treatment of aches and fever.That was in October 2005.What happened next was something he did not expect in his wildest dreams.His skin quickly erupted into lesions, and his mouth started filling up with blood blisters.

The man filed a lawsuit against McNeil Consumer Healthcare, a subsidiary of Johnson & Johnson and the manufacturer of Motrin.According to the lawsuit, the drug, which is easily available over the counter, did not come with enough warning about side effects.

Published on: October 12, 2011

FDA Likely to Declare Surgical Mesh Devices as High-Risk Because of Injury Hazards – Product Liability Claims Likely

by Robert N. Katz, Esq.

Under pressure from consumer safety advocates and product liability attorneys, the Food and Drug Administration is likely to soon limit access to surgical mesh devices because of the high risk of personal injury and complications resulting from the use of these. The Food and Drug Administration has confirmed that it will soon review the safety of the devices, which are used to treat pelvic organ prolapse in women.In this condition, the uterus and other organs shift from their position, and protrude through the body.The condition is frequently seen in women after childbirth.A surgical mesh device is used to keep the protruding organs in place.These devices are implanted transvaginally.

However, the Food and Drug Administration has been aware of complaints involving complications in women who had been implanted with surgical mesh products, for a while now.According to the Food and Drug Administration, between January 2008 and December 2010, it received more than 1,500 complaints of complications associated with the use of surgical mesh products.In July, the agency issued a safety warning about the products.Most of the complaints alleged chronic pain after the insertion of the surgical mesh.Women have also reported complaints about painful sexual intercourse.

What has seemed really outrageous to Atlanta product liability attorneys is that many women, who have had these surgical mesh products implanted and now face chronic and consistent pain, could have been treated even without the use of these devices.Doctors now believe that an unknown number of women may have had surgical mesh produces implanted to treat pelvic organ prolapse, when there are noninvasive techniques that can help treat the condition. In fact, the Food and Drug Administration believes that the use of surgical mesh product exposes patients to more severe injury risks, compared to traditional non-mesh repairs.The increased risk from the use of the surgical mesh does not translate into higher benefits for these patients.The Food and Drug Administration says that it has not seen any evidence to indicate that the use of the surgical mesh treats the condition any better than non-mesh procedures.

Published on: June 21, 2011

Table Saw Injuries in Atlanta are Preventable making Product Liability Claims more likely

by Robert N. Katz, Esq.

Thousands of persons are injured every year in table saw accidents, many of them occurring in Georgia.These horrific injuries include amputations and involve not just woodworkers and other workers, but also DIY fans.Personal injury attorneysand Workers’ Compensation lawyers have been regularly pointing out that the technology to prevent these accidents not only exists, but has also been widely proven to prevent amputations and other injuries from table saw accidents.However, the technology has been widely resisted by the manufacturer lobby.That might soon change.

Last week, the National Consumers League accompanied by injured workers traveled to Washington to meet with representatives of the Consumer Product Safety Commission.Also attending were manufacturers of table saws who took the opportunity to demonstrate the latest guarding technology that they have developed to prevent table saw-related injuries.Unfortunately, the guarding technology that these manufacturers have developed is cumbersome to use and not very popular.

The technology that can actually prevent these injuries however has been developed by an inventor called Steven Gass.The technology, SawStop works by using electrical sensors to detect a human finger.When a finger is detected, the blade comes to a stop within a few one thousandths of a second.The technology promises to virtually eliminate fingertip amputations from table saw-accidents, but the manufacturer lobby believes that mandating SawStop on all tools, would give its maker a monopoly.

Published on: June 20, 2011

Used Car Buyers in Atlanta Face Auto Accident Risks

by Robert N. Katz, Esq.

People who buy used cars in Atlanta may be at risk of a car accident when they purchase recalled cars, but have not been informed of the recall.Loopholes in federal policies allow used-car dealers to sell recalled cars without making buyers aware of this information.In fact, federal policies are so lax that they don’t even require automobile manufacturers to inform used-car dealers about a recall.Manufacturers are only required to inform their franchise dealers about recalled vehicles.

Besides, even if used-car dealers and franchise dealers are made aware of any recall information, they are not required to fix these cars before they’re sold.As a car accident lawyer, the Government Accountability Office report which indicates the serious dangers facing people who unknowingly buy defective used cars is a call to action.

What should be even more shocking to Atlanta buyers is that these car dealers are not even required to inform consumers about the recall before these cars are sold.The National Highway Traffic Safety Administration does not even have the authority to order dealers to make repairs to the recalled cars, or inform consumers about the recalls before they sell the cars.

Published on: May 30, 2011

Product Liability actions likely after Popular Diabetes Drug Avandia pulled from Shelves

by Robert N. Katz, Esq.

Soon the popular diabetes medication Avandia will no longer be available on the shelves of drugstores, says the U.S. Food and Drug Administration. As an Atlanta injury lawyer, I am glad to see the drug off the shelves. In my opinion, the risk of serious injury appears too great. Formerly known asRosiglitazone, GlaxoSmithKline began marketing the product under the trade name Avandia in 1999, following initial approval by the FDA. Annual sales reached a high of $3.2 billion in 2006, but declined after reports of adverse effects. In fact, the drug has been plagued with liability issues ever since 2007 when a study was released by Dr. Steven Nissen, chief of cardiovascular medicine at the Cleveland Clinic. The study showed the drug increased risk of heart attack by 40 percent in people who had Type II Diabetes, prompting the FDA to require that it be packaged with a Black Box Warning.

Between 60,000 to 200,000 people suffered heart attacks and/or death, during the 11 year span that Avandia monopolized the market, and millions were prescribed the drug.

Beginning November 18, 2011, the drug will only be available through doctors who have fully disclosed the risks to their patients and are certified to prescribe it.Under the new Avandia-Rosiglitazone Medicines Access Program, the FDA will limit the drug’s use to patients who have already been safely treated with it, those whose blood sugar can’t be controlled with other medications and those who, when informed of the risk, still prefer Avandia to other drugs. Rosiglitazone will only be available to enrolled patients by mail order from certified pharmacies participating in the programand Avandia and Actos, which was approved in 1999, will be offered as its alternative.

Published on: May 13, 2011

Nursing Home Residents At Risk from Overmedication

by Robert N. Katz, Esq.

A report by the Department of Health and Human Services finds that a shocking 80% of elderly nursing home residents in the country have been administered antipsychotic medications, for off-label purposes.Because these medications have a high risk of deaths, it is statistically likely that some of the patients died as a result of the use of these medications. The off-label use of these medications raises the likelihood of claims for nursing home abuse, medical malpractice and product liability. Atlanta injury attorneys will need to closely monitor the developments in this area and will likely get calls from families of patients who were treated with these medications.

According to the report, out of 300,000 nursing home residents studied in 2007, approximately 90% received powerful anti-psychotic medications that are typically used for the treatment of schizophrenia and bipolar disorder.There are studies to prove that elderly persons who receive antipsychotic medications can be at a high risk of death.In spite of this, these vulnerable persons were overmedicated, and there is no reason to believe that things have changed dramatically between 2007 and now.

Moreover, it seems highly likely that the pharmaceutical industry has been behind this overmedication of nursing home residents.One of the ways in which pharmaceutical companies increase their profits is by promoting off-label uses of their drugs.An off-label use of a drug is one which has not been approved by the Food and Drug Administration.Doctors can prescribe a drug for off-label uses, but a company is not allowed to market the drug for these purposes.