Product Liability

A man suffered critical injuries on the job while working at an Irvine construction site. According to a news report in The Orange County Register, the construction accident occurred the afternoon of March 28, 2012 in the 8700 block of Irvine Center. Police say the man became entangled in a conveyor belt and was thrown into a rock crusher. Co-workers responded to the man’s cries for help and hit the emergency button before he went through the crusher. The worker suffered life-threatening head injuries and was transported to an area trauma center for treatment. Officials are looking into what caused this accident.

My thoughts and prayers go out to this seriously injured construction worker. I wish him the very best for a speedy and complete recovery.

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A male driver and a female passenger were injured in a Riverside County car accident involving a vehicle rollover, the morning of March 26, 2012. According to a news report in The Desert Sun, the rollover accident occurred on an Interstate 10 on-ramp from Ramon Road in Rancho Mirage. Officials say the pickup veered to the right before it left the roadway and overturned. One victim suffered traumatic injuries, while the other sustained moderate injuries. An investigation is underway to determine the cause of the crash.

My thoughts and prayers are with the injured victims of this rollover accident. I wish them both the very best for a complete and speedy recovery.

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Goodyear Announces Recall of 41,000 Tires

Our California products liability attorneys have their hands full as new defective tires continue to be identified and victims come forward. Goodyear Tire & Rubber Co announced Saturday it would recall 41,000 of its “Wrangler Silent Armor” tires produced in 2009 over concerns that the tread could tear, leading to crashes. Read the rest »

Custom-made Cranial Implant Kits made by Stryker Corp. have been recalled over sterility issues.  According to the Food & Drug Administration (FDA), the Cranial Implant Kits are used to correct defects in the jaw and face, or cranium and face.

The Stryker cranial implant kit recall has been deemed a Class I recall by the FDA.  Class I recalls are the most serious type of recall and involve situations in which there is a reasonable probability that use of these products will cause serious injury or death, the agency said.

According to a Stryker press release, the recall involves 322 Custom Cranial Implant Kits.  The kits included in the recall are Small (Catalog no. 54-00101), Medium (Catalog no. 54-00102), Large (Catalog no. 54-00103), and Extra large (Catalog no. 54-00104) sizes.  Stryker recalled all kits it distributed, the release said.

Stryker issued the recall after determining that the sterilization validation of the product was not performed according to appropriate standards. Because the company could not assure the sterility of the product, implantation could result in serious health problems including infection (e.g., meningitis), intracranial abscess, wound infection, sepsis, re-operation with revision of cranioplasty, long-term neurological deterioration, additional hospitalization, or long-term intravenous antibiotic treatment. Death can occur if an infection is not diagnosed quickly, Stryker said.

Physicians and hospitals should stop implanting the Cranial Implant Kits immediately and return them to Stryker. According to the Stryker press release, patients who have received these implants should be monitored by their physicians for signs of infection for at least six months post-implantation.

Stryker said it previously notified implanting surgeons, hospital risk managers and its sales representatives of the potential health risks associated with the kits.  The company said it plans to repeat the notification.

Although the company demands any adverse events relating to this product should be reported to Stryker, we think it is in your best interests to contact us first.

Yes, this is old news, but if it affects you and your health, it is very current. The short version is that there may be a significant problem with your health due to medical devices. Contact the Stryker lawyers at the BISANR CHASE Personal Injury Attorneys right away if your think you have difficulties with your implant.

February 5, 2012—Fremont, CA—Residents of a Fremont neighborhood near I-680 were surprised to find their homes flooding early Saturday morning when an uncovered manhole gushed water into the area. Fremont Fire Battalion Chief Ron McCormick stated that the 8-foot wide pipeline, managed by the Santa Clara Valley Water District, burst and flooded an entire block of Wabana Street between McDuff and Nodaway Avenues. Residents were evacuated from four homes, while an additional seven homes took water in basements and garages.

McCormick stated that water department crews, working earlier on the line, had apparently forgotten to bolt down one of the manhole covers. When the water was turned on again, it burst through the manhole, flooding homes on the west side of Wabana Street.

Fortunately, no injuries were recorded, but property damage will certainly be an issue. Fire crews were called and were able to contain the water main by 2 a.m. on Saturday. Water department officials were also called to the scene.

The residents of Wabana Street should be cleared to return to their homes soon.

I want to extend my sympathies to the victims of this unfortunate incident in the loss of their personal possessions, although I am grateful no one was injured.

Accident Statistics

Although far more people are killed and injured by water in sporting activities than in accidents with public utilities, as city systems age more people may be in danger. It is estimated in northern California that at least 40 percent of utilities pipelines need updating, and the figure could be much higher.

While this accident did not include injuries or fatalities, it is possible that subsequent accidents could do so, especially those involving water under high pressure or gas mains which could leak and lead to explosions.

What Happened In This Accident

Unfortunately, it appears that this accident was the result of sheer human error. Had the manhole cover been properly replaced, it appears that the accident might never have happened. Because of carelessness on the part of an employee or group of employees, many people have suffered loss of personal effects, damage to their homes, and the fear and anxiety of being evacuated.

Liability Issues

While governmental entities have limited immunity for their actions when they are performing the jobs assigned to them, this immunity does not extend to deliberate carelessness which causes injuries. The liability issues surrounding the shooting of a fleeing suspect, for example, can be complex; however, in this case, liability issues are fairly straightforward. By not following their own safety procedures, city employees caused tremendous problems for homeowners. A professional personal injury attorney should investigate this case and help the homeowners file claims to have their homes repaired and their possessions replaced.

Los Angeles resident and former lawyer Heather Peters won a significant victory against American Honda Motor Company in Small Claims Court. Peters was awarded $9,867.19 in damages, which is just about the maximum $10,000 allowed in Small Claims Court. The Los Angeles Times reports that at the heart of this Honda small claims lawsuit was the issue of fuel economy. Peters said Honda misled its consumers by claiming that the Honda Civic Hybrid vehicle could achieve as much as 50 miles per gallon. But, she found out after purchasing the vehicle that it did not get more than 42 miles per gallon “even on its best day.” What’s worse, that number dropped to below 30 mpg after a software update intended to prolong the car’s battery life was installed.

Taking Matters into her Own Hands

Peters sued Honda in Small Claims Court after learning that the proposed settlement covering her 2006 model vehicle would leave her with as little as $100 and a few rebate coupons – pocket change compared to the $8.5 million that trial lawyers would get paid. So Peters, who is a former lawyer, decided to take matters in her own hands, in her pursuit of justice. Although the small-claims judgment in this case is unusual and makes a statement on behalf of consumers, Peters may have a tough time collecting the money she won. Honda has vowed to appeal the Small Claim Court’s decision.

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