Product Liability

Toyota settles car recalls – $1billion dollars

January 1, 2013—Los Angeles, California—According to a report from CBS News, Toyota Motor Corporation has agreed to a settlement of more than $1 billion in payment of damages related to acceleration and brake problems with the Prius hybrid and other models. Toyota has recalled more than 14 million vehicles worldwide as a result of the problems with parts such as accelerators and brakes.

The settlement is the largest single settlement in U. S. history for automobile defects. Toyota initially tried to blame drivers and floor mats for the safety issues posed by the faulty parts and attempted to dodge responsibility for the accidents and injuries that have resulted from its faulty products.

The History of Toyota’s Recall Issues

There have been thousands of reports of sudden unintended acceleration since 1999 by Toyota and Lexus customers. These incidents have resulted in at least 341 injuries and 19 deaths. In 2003, the National Highway Traffic Safety Administration began investigating sudden unintended acceleration in Lexus and Toyota Camry, Tacoma, and Sienna models. At first, the NHTSA seemed to give Toyota an excuse for the problem by blaming floor mats for the problem. Toyota immediately took advantage of this finding to blame customers for improper installation of the mats.

However, the problems continued and the NHTSA could not find the cause of the stick accelerators. Recalls in 2005 and 2007 attempted to correct the problems, but these were on a small scale. More recently, further investigation and testing has led to larger recalls as the cause of SUA remains a mystery.

Replacing the accelerator pedals and floor mats do not seem to solve or prevent the problem. It is possible that the issue is electrical in nature or related to the computer-driven systems running the car. Toyota has steadfastly denied that it could be the electronics systems causing the problems.

The Future of Toyota Auto Recall

One of the most troubling aspects of the Toyota recall situation is that many of the accelerator issues have been tied to vehicles that have not yet been recalled. This means that there could be drivers out there who will experience accidents and injuries from SUA who have no way of knowing that they are in danger. Until the problem is identified successfully, this will remain an issue.

However, with the large amount of the present settlement, it is possible that Toyota is anticipating future payouts for these issues. It is also possible that Toyota plans to cap it liability by engaging new professionals to investigate the cause of the accelerator problems and once and for all give a definitive answer as to the cause of these issues.

Victims who have suffered injuries from a defective car or part should talk to a car recall attorney about their cases. A personal injury lawyer who handles car recall injury cases can give advice about the victim’s rights in such a situation and how much he or she can expect to recover in damages for these types of accidents.

Transvaginal mesh lawsuits are on the rise and could end up in the tens of thousands against six different manufacturers. Boston Scientific is one of the manufacturers with a possible 2500 lawsuits alone. Back in July of 2011 the FDA put out a warning to consumers about the potential defects and dangers of the synthetic mesh as stating that reports of serious complications from the mesh implant had increased.  Between then and now the numbers of lawsuits have increased as well and are still on the rise.

This is an unfortunate circumstance for the victims and the worst part is that there is a probability that defective surgical transvaginal mesh slings are still being implanted.  Many of the women who have filed law suits have suffered horrible side effects and severe injuries that have lasted for years, some of the injuries being life altering. 

My thoughts and prayers go out to the victims of this unimaginable tragedy.

What is transvaginal mesh?

If you do not have a medical condition such as urinary incontinence then you probably do not know what transvaginal mesh is, but you might have read news reports about the defect and recall of this medical product. Transvaginal mesh is a sling that is surgically implanted in the vagina to treat bladder prolapse and other related medical conditions.  However, numerous complaints from women came about leading to the investigation of the product and its makers which prompted the FDA to put out a warning to the general public.

According to the FDA “The most frequent complications included erosion through vaginal epithelium, infection, pain, urinary problems, and recurrence of prolapse and/or incontinence. There were also reports of bowel, bladder, and blood vessel perforation during insertion. In some cases, vaginal scarring and mesh erosion led to a significant decrease in patient quality of life due to discomfort and pain, including dyspareunia.” Click to read more from the FDA transvaginal mesh complications.

If you want more information about transvaginal mesh and the potential side effects or if you need legal representation pertaining to a transvaginal mesh case, please do not hesitate to call a California transvaginal mesh lawyer. The defective product attorneys at Bisnar | Chase are passionate about and specialize in this area and we have 30 years of proven results recovering money for personal injury victims. Contact us today for free legal advice. Call 1-800-561-4887.

Photo source: publichealthwatchdog.com

It is common to assume that luxury vehicles will fare better in a car accident than a less expensive vehicle. A new report by the Insurance Institute for Highway Safety (IIHS) showed that luxury cars failed front-corner impact tests at an alarming rate. According to a news report in the Los Angeles Times, only three out of 11 luxury cars from the 2012 model year passed the new crash test. Officials say that most of the vehicles that failed the new front corner test can pass a normal front-end crash test.

Vehicles that failed the new test include BMW, Mercedes and Lexus. In fact, all of those manufacturers earned poor ratings when tested for front corner collisions. Not all cars, however, received poor ratings. The Acura TL and Volvo S60 earned good ratings, and the Infiniti G received an acceptable rating.

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The U.S. Food and Drug Administration (FDA) is set to hold a two-day meeting this week to scrutinize the safety of metal-on-metal hip implants after numerous reports from patients that these medical devices are failing earlier than expected. According to a news report in The Associated Press, the FDA has received more than 16,800 adverse event reports about metal hips between 2000 and 2011. A number of patients reported that these implants caused pain and swelling and sometimes required the removal of the devices.

For many years, almost all orthopedic implants were manufactured by plastic or ceramic. However, in the last decade or so, some surgeons viewed metal implants more favorably. Lab tests at the time suggested that these metal devices would be more resistant to wear and tear, reduce the chances of dislocation and delay the need for revision surgeries. As it turned out, the opposite occurred.

Increasing Failure Rates

In March, British experts urged doctors to stop using metal-on-metal hip replacements such as those manufactured by DePuy, a subsidiary of Johnson & Johnson. A careful analysis showed that 6 percent of patients with DePuy hip implants and other similar medical devices had to be replaced in less than five years compared with just 2 percent for those with ceramic or plastic joints. On August 26, 2010, DePuy Orthopaedics shocked their consumers with a defective product recall of their ASR XL Acetabular System and the ASR Hip Resurfacing System.

British regulators are recommending that those who have these metal implants get annual blood tests to ensure that no dangerous metals are seeping into their bloodstream as the components deteriorate or rub against each other. Approximately 500,000 patients have received these implants in the United States, but the FDA has released no such warnings. FDA scientists want to consider all available information before making any recommendations. During this week’s meeting, the FDA is expected to ask a panel of experts to recommend the best practices for monitoring patients with the devices. That includes blood tests, lab tests and medical imaging.

Lives Devastated

As the FDA takes its time, unsuspecting patients are suffering the consequences. One patient, 48-year-old Mary Weaver, who had both her hips replaced with Johnson & Johnson’s metal implants in 2007 and 2008, had to have these defective products removed in 2011 due to increasing pain and elevated metal levels in her blood. She not only had to endure the pain of additional surgeries and the medical expenses, but also lost her job due to the time needed to undergo these surgeries. Weaver is not alone. There are thousands of others like her.

Seeking Compensation for your Losses

If you or a loved one needs to pursue compensation from Johnson & Johnson or other companies that manufacture these and other defective medical devices, you will need an experienced California personal injury lawyer who has fought against these manufacturing giants and has a track record of holding negligent corporations accountable. The best product liability law firms always offer a free consultation and comprehensive case evaluation to injured victims and their families.

Four people from the same family were killed in a Bakersfield car accident after the tire tread on their Ford Excursion SUV separated and the vehicle rolled over. According to a news article in The Associated Press, the deceased victims were identified as Estella Castillo, 63, Juan Castillo, 11, Lino Castillo, 65, and Yolanda Castillo, 38. The driver Jose Castillo, 44 and his son, Marcos Castillo, 17, were injured, but survived.

California Highway Patrol officials say the family was in a 2001 Ford Excursion SUV heading home from Northridge on Highway 99 on June 17, 2012 when tread separated on the left rear tire. The driver lost control and the vehicle overturned. Estella Castillo was ejected. Officials suspected she was not buckled up. However, the three others who died from their injuries were wearing their seatbelts. Officials say a faulty tire, extreme heat (108 degrees at the time) and an overloaded vehicle may have caused or contributed to this tragic rollover accident.

I offer my deepest condolences to the Castillo family, which has lost four members. Please keep them in your thoughts and prayers.

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Reginal Daniel Futch Jr., 44, was killed in a Mission Viejo motorcycle accident after his Harley-Davidson went out of control and struck a median, the night of April 1, 2012. According to a news report in The Orange County Register, the fatal motorcycle crash occurred along Marguerite Parkway in Mission Viejo. Officials say Futch was traveling at a high rate of speed when he lost control, struck the median and was thrown from his vehicle. Officials are still investigating the cause of this motorcycle collision.

My heartfelt condolences go out to the family and friends of Reginal Daniel Futch Jr. following this tragic accident. Please keep them in your thoughts and prayers.

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