Product Liability

Published on: May 13, 2011

Nursing Home Residents At Risk from Overmedication

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.

Published on: March 10, 2011

Spotlight on Burn Injury Risks from Defective Car Seat Heaters

by Robert N. Katz, Esq.

During some of the freezing winter days that Atlanta personal injury lawyers and residents suffered over the past few months, cars with seat heaters seemed akin to a blessing from above.However, there are serious burn injury risks linked to the car seat heaters found in many popular auto models.The burn injury risk is especially significant for the disabled and physically challenged persons. Car accidents may happen, but this is a preventable injury.

In fact, just about every other auto manufacturer has, at some point, recalled car seat heaters for malfunctioning.However, the National Highway Traffic Safety Administration has never found the need to act on incidents where the car seat heaters have heated to levels beyond human tolerance.Now, a group of safety advocates has asked the federal administration to look closer at defective and malfunctioning car seat heaters that have caused serious burn injuries.

The risk of burn injuries from defective car seat heaters is the highest among the disabled and physically challenged.These people may have limited or no sensation in their lower limbs, which means that when a car seat heater heats up to dangerously high levels, the person only finds out that he’s being burnt when it is too late.Some of these people have ended up with third-degree burns.Currently, there are no federal standards in place for car seat heaters, and that has meant consumers are using seat heaters that are not required to meet any safety standards.Very often, car seat heaters do not come with a switch on/off mechanism that allows a person to switch off the heater when it is warming up to intolerable levels.

Published on: January 25, 2011

Study Underscores Need for Side Impact Protection During Atlanta Accidents

by Robert N. Katz, Esq.

The Insurance Institute for Highway Safety has been issuing its much anticipated ratings for auto accident and injury protection for years now.A new analysis by the Insurance Institute shows that drivers of vehicles driving a car with a high rating by the Institute had an enhanced chance of surviving a side impact auto accident, compared to drivers of vehicles that did not have a good rating.

The researchers in the analysis tested cars that had side airbags. The tests were conducted at 31 mph. The researchers found that a person’s chances of dying in a side impact accident decreased by approximately 70% when his car was rated Good, compared to a car which was rated Poor. A person driving a car that was rated Acceptable was 64% less likely to die in a side impact crash, and a person driving a vehicle rated Marginal was 49% less likely to die in a side impact accident.

Side impact accidents are typically high-injury accidents, because there’s little space between the occupant and the other car to cushion the impact. Approximately 23 percent of all auto accident deaths in the US every year are caused in side impact accidents.The serious injuries that Atlanta car accident lawyers see in accidents like this are neck injuries, fractures, chest injuries, abdominal injuries, internal injuries and pelvic injuries.

Published on: July 23, 2010

Did Toyota Try to Mislead Public with WSJ Story

by Robert N. Katz, Esq.

Did Toyota Try to Mislead Public with WSJ Story?

The Wall Street Journal ran a story last week, citing sources “familiar with the findings” that indicated that NHTSA investigations into Toyota’sacceleration problems had found driver error had been to blame for most of the cases.According to the Wall Street Journal piece, federal data suggests that many drivers, who blamed defects in their Toyota for these accidents, possibly jammed the accelerator instead of slamming the brakes.

As expected, the Wall Street Journal article created a furor.The National Highway Traffic Safety Administration has been quick to distance itself from the article.An agency representative said that the information used by the WSJ came from Toyota itself, and not from the agency.In other words, the company had planted the story in order to develop a strong case for itself against the hundreds of acceleration-related personal injury and wrongful death lawsuits it’s up against.

Published on: June 20, 2010

Reclining Seats Increase Risk of Injuries and Death in Auto Accident

by Robert N. Katz, Esq.

It is not something that we give a second thought to while riding in someone’s vehicle. In fact, most of us have probably done it at some time or the other. We are talking about reclining the passenger seat when you’re in a moving vehicle, for some quick shut eye. However, a recent study indicates that you have an increased risk of injury in an auto accident if you seat is reclining.

Trauma care doctors at the Seattle’s Harborview Medical Center studied a pattern of injuries in passengers who were in reclining seats during an auto accident. The researchers found that no matter which part of the country these accidents occurred, passengers who were in reclined seats were much more likely to suffer head injuries, spinal cord fractures, leg injuries and severe chest trauma. In fact, the study found that when the passenger was in a partially reclined seat, his fatality risk shot up by 15%, and if he was in a fully reclined seat, his fatality risk spiked by up to 70%.

Reclining seats have long been touted by auto makers as an affordable piece of luxury. However, not many passengers are aware that their risk of death in an auto accident increases dramatically, if they’re in a reclining seat at the time of the crash. Automakers have always known about these risks. That’s why most of them mention these risks in the car’s user manual. Unfortunately these warnings, when they do appear, are always in obscure fine print, the kind that hardly anyone bothers to read. That lack of warning is very disturbing to Atlanta accident lawyers, considering the dramatically diminished odds of surviving an accident if you’re in a reclining seat.

Published on: June 9, 2010

McDonald’s Recall Throws Spotlight on Injury risk from Cadmium Exposure

by Robert N. Katz, Esq.

It doesn’t look like McDonald’s wants to be at the receiving end of injury claims resulting from parental ire over its massive recall of drinking glasses last week. It is no accident that the company is offering a three dollar refund to parents who come in to return the glasses. The glasses were initially sold for two dollars each. McDonald’s clearly recognizes the risk of injury the glasses pose to children.

Last week, McDonald’s announced a massive recall of approximately 13.5 million drinking glasses that were painted with characters from the Shrek movies. It was meant to be part of a promotional effort with McDonald’s teaming up with the makers of the last of the Shrek movies, Shrek Forever After.Soon, testing showed that the paint, used in the designs of the glasses, contained cadmium, an injury causing substance. The designs featured four Shrek characters including Shrek, Fiona, Donkey and Puss in Boots. As soon as McDonald’s found the high cadmium levels in the paint, it informed the Consumer Product Safety Commission, and announced the recall in an effort to stop any child from being injured.Parents who have bought these glasses can return these to the nearest McDonald’s restaurant for a refund.

It’s also the right time for Atlanta injury lawyers to focus attention on the risks of cadmium. It seems like concerns over lead-tainted products are slowly declining, and cadmium-related hazards are coming up in their place. Cadmium is a known carcinogen, and is found in shellfish, cigarette smoke and industrial settings.

Published on: June 6, 2010

Yamaha Rhino Gets Product Liability Verdict for Plaintiff

by Robert N. Katz, Esq.

A Georgia jury this week awarded a couple, damages of $317,000 in the first product liability lawsuit related to injuries from Yamaha Rhino All-Terrain Vehicles.

Roger McTaggart was injured in 2007 when his ATV flipped over, trapping his leg. He suffered crushing injuries in the accident. McTaggart filed a lawsuit against Yamaha, alleging defects in the Rhino ATV. According to his attorneys, the accident occurred on a flat piece of land on which it should have been safe to ride an ATV. McTaggart claimed in his lawsuit, that the Yamaha Rhino should’ve come with doors that would have contained the rider’s legs, thereby preventing crushing injuries in case of a rollover..

Not surprisingly, Yamaha insisted that the injuries were caused not because of any inherent stability defect in the Rhino, but simply because the driver operated the vehicle in a reckless manner. It’s highly likely that Yamaha will pursue this line of defense in most of the Rhino product liability lawsuits that are pending against it. Yamaha plans to appeal the verdict.

Published on: April 20, 2010

Consumer Product Safety Database Available Next Year

by Robert N. Katz, Esq.

New CPSC Database Will Let Consumers Know of Product Injuries Before a Recall

The Consumer Product Safety Commission is investing more than $20 million in establishing a searchable database that will make information about product injuries available to consumers before any recall is announced. It’s a development that was long overdue, and promises to offer American consumers the kind of information and knowledge they need to make safe choices for their families.

The final details of the database have not been established yet. It is likely to be available on saferproducts.gov, and is expected to be online by this time next year. Once up, the database will contain information about literally thousands of consumer products, from gifts, cribs, and strollers to power tools and electronic appliances.

Published on: April 6, 2010

NASA Investigates Toyota Defects

by Robert N. Katz, Esq.

The investigation into the causes of acceleration in Toyota vehicles has taken a unexpected turn, with the Obama administration this week announcing that it was bringing in NASA scientists to help with the investigation.

There has speculation for quite a few weeks now that the causes for the acceleration go beyond floor mats or gas pedals. Space radiation experts have put forward the theory that modern vehicles with the massive amount of electronic circuitry they have on board, could be at risk from interference from space radiation. The effects of such radiation on consumer goods like cell phones and computers, have been known for a while now. These space radiation experts believe that Toyota cars, which come with massive amounts of electronics, could be at special risk for interference from cosmic rays. The announcement that the Toyota probe will now include NASA scientists has lent credence to those theories.

The Obama administration has also asked the National Academy of Sciences undertake a separate study into computer technologies in vehicles. This study will last for 15 months. The study is expected to look into the potential of computer malfunctioning and electromagnetic interference as factors in acceleration in these vehicles.

Published on: March 15, 2010

Baby Slings Pose Suffocation Risk

by Robert N. Katz, Esq.

Baby slings, those soft and snuggly baby carriers that are all the rage, have now come under the microscope at the Consumer Product Safety Commission. The agency is expected to make an announcement later this week, warning about the special risks of suffocation to babies, especially newborns, who are placed in these slings.

CPSC chairperson Inez Tenenbaum is expected to make the announcement, warning parents about the high risk of suffocation in certain kinds of sling designs. The risk, according to child safety experts, comes from the fact that many of the designs allow babies to settle into a comfortable fetal position, that can have their chin touching their chest. In a position like this, there is a high risk of a respiratory blockage, and consequent suffocation. Some brands like the “Sling Rider” from Infantino have been named as posing a special risk because of the design. Besides, babies may be at risk in these slings when they turn towards the person carrying them, and become smothered in their clothes.

The risks from baby slings are not entirely new to injury lawyers in Atlanta. There have been at least seven confirmed reports of deaths of infants who have suffocated in these slings.In 2008, there were dozens of instances of babies falling out of the fabric slings, and injuring themselves.