Washington Injury Attorney Blog

A class action suit  (Trusky v. Gen. Motors Co., No. 2:11-cv-12815 (E.D. Mich. filed June 29, 2011)) was filed against General Motors (GM) claiming that GM issued a recall of 2007-2008 Chevrolet Impalas used in law enforcement but that the company did not issue a general recall to all consumers, posing a safety hazard.

GM issued the recall notice for Impalas equipped with a police package noting that the rear wheel spindle rods needed to be replaced because they could cause wheel misalignment which lead to premature tire wear.

While GM serviced the recalled police vehicles, they did not honor the warranties of other vehicles with the same defect even though their Bumper-to-Bumper (Includes Tires) warranty provided "Coverage is for the first 3 years or 36,000 miles, whichever comes first."

One plaintiff in the lawsuit had to replace the tires on her Impala twice in the first 25,000 miles due to the irregular wear. Other consumers had the same problem yet the dealers refused to make the repair at no cost unless it was under the recall.

The lawsuit that contends that the damage to the vehicle was more than economic that tires with worn tread could be dangerous. Worn tires can easily be punctured, hydroplane or even blow when heat builds-up. Many drivers do not know how to tell if their tires are bald and rely on mileage to know when to change their tires.

Sean Kane of Safety Research & Strategies, a vehicle safety organization, said, "They thought there was a safety issue for police vehicles. So how is that not dangerous for consumers?"

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We have more than 30 years experience representing clients with their product liability cases.

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James H. Gerritt, 22, of Albany, Oregon faces numerous charges including negligent driving after he fell asleep at the wheel of his Peterbilt truck and crashed his tractor trailer rig into an unoccupied Washington Department of Transportation truck according to Tacoma's The News Tribune.

The trucking accident occurred early Thursday morning on Interstate 5 near Tumwater, Washington. The accident caused a huge traffic jam which lasted for hours and caused traffic to back up for more than five miles.

Luckily, no one was injured in the accident.

This accident brings to the forefront regulations for truck drivers. In this case, it appears that Gerritt falsified his log book and did not take the prescribed rests which is probably why he fell asleep at the wheel.

Trucker Safety Rules

The Federal Motor Carrier Safety Administration has proposed a new set of rules for Hours-of-Service (HOS) for truck drivers. Because driver fatigue is often the cause of big rig accidents, the FMCA proposes requiring longer breaks and shorter driving times. These proposed changes have come about after several major bus accidents in the past year. Current rules require:

• Property-carrying drivers can only drive a maximum of 11 hours after 10 hours of consecutive off-duty.
• Passenger carrying drivers can only drive a maximum of 10 hours after 8 hours of consecutive hours off-duty.
• Property-carrying drivers may not drive beyond 14 consecutive hours after coming on duty after 10 hours off-duty.
• Passenger-carrying drivers may not drive after having been on duty for 14 hours, following 8 consecutive hours off duty.

Click here for a the Proposed changes for Property-Carrying Drivers.

Truck drivers are required to keep a log book of both their work and on-duty hours.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents and the family of those killed. With our help, you may recover compensation for your damages.

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Continue reading " Oregon truck driver who fell asleep on Interstate 5 faces negligent driving charges " »

The Food and Drug Administration (FDA) is considering changing the 510(k), accelerated device approval process, which currently provides medical device manufacturers a "fast track" in obtaining FDA approval to bring a new device to market after an Institute of Medicine Report (IOM) made the recommendation.

Currently, medical device manufacturers are able to issue a Premarket Notification which claims that a new medical device is "substantially equivalent" in design, material, intended use and manufacturing than an existing device, then the device is cleared to come to market without lengthy testing.

The 510(k) process has come under fire from consumer groups after devices like the DePuy ASR XL hip implant system had a high failure rate. Many feels that the 510(k) process has brought defective devices to market without adequately testing them, putting patient's health at risk.

In the case of the DePuy hip implant, the implants shed metal in some patients when the metal-on-metal components rubbed against each other causing a serious condition called metallosis. Patients also had other complications including fractures and severe pain.

The DePuy hip implants are not the only devices that have used a fast pass through the system. Other products including pacemakers, stents, bandages and artificial knees have also used the 510(k) approval process which substantially reduces costs for the manufacturer.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a personal injury law firm and we represent the product liability claims of people who have been injured due to defective medical devices.

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The Director General of the Agency of Medicines in France (Afssaps) announced that the diabetes drug Actos Competact, sold as Actos (pioglitazone) in the United States, has been suspended for sale in France because it is responsible for a significant increase in bladder cancer in men according to the French newspaper Le Monde.

Afssaps held a vote and members of the commission voted 25 aye and one abstaining to suspend the sale of the drug after a study by the National Health Insurance (CNAM) found

"a statistically significant association" between exposure to pioglitazone, an antidiabetic medication currently on the hot seat, and the incidence of bladder cancer."

According to LeMonde, the study shows that the risk of bladder cancer increased by 22% when using Actos. The study showed that the risk increases up to 75% when patients were treated with a high dose. The study followed 1.5 million diabetics, 155,000 who had taken pioglitazone.

Actos was first sold in Europe in 200 and approximately 230,000 patients were treated with the drug in France. The Afssaps warns, "Doctors should no longer prescribe the medicines containing pioglitazone."

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a personal injury law firm and we represent people who are injured due to dangerous drugs, including Actos.

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The U.S. Food and Drug Administration announced today that papaya distributed by Agromod Produce, Inc. may be the cause of a salmonella outbreak in 23 states including Washington. The FDA warms consumers to not eat papayas from Agromod Produce, Inc.

The FDA and the Centers for Disease Control (CDC) are investigating the cause of the salmonella outbreak which has sickened 97 people and hospitalized 10.

The FDA warns consumers that if you do have papayas distributed by Agromod, you should discard them in a sealed container so that animals or people do not eat them.

The FDA tested incoming shipments of papayas from Mexico and found that two papaya samples had the same strain of salmonella -- Salmonella Algona -- that caused the outbreak. All papayas sold prior to July 23, 2011 have been recalled.

While the most serious illness occurs in the young and very old, the average age of those people who became ill is 20.

Symptoms of Salmonella Poisoning include diarrhea, fever, abdominal cramps and these symptoms usually appear between 12 to 72 hours after consumption of the affected fruit. The illness can last between four to seven days.

Salmonella infection can be deadly if it spreads from the intestines to the blood stream. If it spreads, it must be treated with antibiotics.

For more information, see the FDA web-site.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have become ill due to foodborne illness and the family of those who have died.

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Takeda Phamaceutical Co., along with its French subsidiary, Laboratories Takeda, has agreed to withdraw Actos® (pioglitazone) and Competact (pioglitazone and metformin) because of concerns about an increased risk of bladder cancer with the drug.

The two medications are used to treat type II mellitus diabetes which is a form of non-insulin-dependent diabetes. In the U.S., the drug is sold under the name Actos®. Beginning in June of this year, the U.S. Food and Drug Administration added extra warning labels to products containing pioglitazone.

It appears that France is jumping ahead of the United States by making changes to their drug regulations including ensuring that medications sold in France are safe and also improving patient education and information regarding the risks of medication.

The decision to remove Actos® from the French market came after a study in May by Italian researchers who found a connection between Actos® and bladder cancer.

Some bladder cancer patients in the United States may file lawsuits against Takeda Pharmaceutical for failing to adequately test the drug or warn patients about a bladder cancer risk.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a personal injury law firm with more than 30 years experience representing people who have become ill due to dangerous drugs, including Actos® and drugs containing Pioglitazone.

Continue reading " Diabetes drug, Actos, recalled in the French market " »

Macy's Inc. has been fined $750,000 by the federal government after the U.S. Consumer Product Safety commission accused the company of continuing to sell children's garments with drawstrings at the neck including sweatshirts, sweaters and jackets, after they had been recalled.

In 2006, the CPSC issued guidelines prohibiting the use of drawstrings on children's upper outwear because they pose a strangling or entanglement risk and can lead to deaths and injuries when they get caught on playground equipment, cribs or on vehicle doors. Between 1985 and 1999, the CPSC received reports of 22 accidental deaths and 48 non-fatal accidents involving children's drawstring clothing. The CPSC declared that such clothing is defective.

Macy's apparently sold the clothing between 2006 and 2010 at their stores including Bloomingdale's and Robinsons-May. Macy's denied knowingly violating the law which requires distributors to report within 24 hours after obtaining information that a product is defective and could pose a hazard.

Washington state has as Products Liability Act which describes the legal set of rules concerning responsibility for the sale and manufacture of dangerous products to consumers, allowing an injured person to recover damages.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured due to defective products and the family of those killed.

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The U.S. Food and Drug Administration in a news release issued a safety communication to health care providers and patients saying placing mesh through the vagina "transvaginal" to repair pelvic organ prolapse poses more risks than repairing the problem using other techniques and does not come with benefits such as "improved quality of life."

William Maisel, MD, deputy center director for science and chief scientist at the Center for Devices and Radiological Health at the FDA says:

“We do not see conclusive evidence that using mesh for transvaginal approach to pelvic organ prolapse improves clinical outcomes anymore than transvaginal procedures that do not use mesh."

In 2010, surgeons performed 100,000 Pelvic Organ Prolapse (POP) surgeries using surgical mesh and approximately, 75,000 of these surgeries were using the transvaginal procedure. POP is a condition in which the pelvic organs such as bladder, bowel and uterus drop or prolapse into the vagina.

According to the FDA, complications involved with the use of mesh include:

• bleeding
  
• painful sexual intercourse
  
• organ perforation caused by surgical tools
  
• infection
  
• pelvic or groin pain
  
• persistent vaginal bleeding or discharge
  
• mesh eroding or protruding outside of vaginal tissues
  
• urinary problems

When these complications occur, patients sometimes have to be hospitalized to treat the complication or to surgically remove the mesh.

Other techniques to correct the problem is through the abdomen where stitches or surgical mesh is used in the repair..

According to the FDA, surgical mesh is not the problem, but the actual application of surgical mesh in the transvaginal technique. Surgical mesh is routinely used in hernia surgery.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent patients with medical malpractice and product liability cases.

Source:
FDA: Surgical placement of mesh to repair pelvic organ prolapse poses risks
FDA News Release

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The Wall Street Journal (WSJ) reports that around 1,000 product liability lawsuits have been filed against Johnson & Johnson in federal and state courts in the wake of the DePuy ASR XL Acetabular and Hip Resurfacing Systems recall of August 2010.

According to the WSJ, Johnson & Johnson faces up $1 billion in liability costs and put $570 million into its liability fund last year to cover potential DePuy ASR lawsuit costs.

DePuy, in an attempt to limit their liability, has offered to pay out-of-pocket medicals costs of patients. When patients opt for this, they limit their ability to obtain compensation for other damages such as lost wages and for pain and suffering.

DePuy recalled the ASR hip devices after patients suffered a higher than normal revision rate -- 12-13%. A hip revision involves removing and replacing the original hip implant and replacing it with another. This is not an easy surgery as the implant has been hammered into the patient's bone. For most patients, this is an expensive, traumatic and dangerous surgery.

There is also mounting evidence that cobalt and chromium used in the devices was being released into patients blood stream and tissue surrounding the implant causing poisoning and a condition called metallosis. Some patients complained of pain, infections and inflammation.

Evidence shows that Johnson &Johnson knew of the problems with the metal-on-metal hip implants for a year before they recalled the product. If victims can argue this in court, they may be able to justify punitive damages.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a product liability law firm and we represent patients who have suffered injury due to defective medical devices.

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The mother of Chasity Glisson, a woman who died of carbon monoxide poisoning when she inadvertently left her Lexus running in her garage, has filed a wrongful death and product liability lawsuit against Toyota claiming that the Smart Key keyless ignition system allowed her daughter's Lexus to continue running silently without a key in the ignition.

Kimberlin Nickles filed a wrongful death lawsuit in Broward County naming Toyota, a Lexus auto dealer and the Marabella Premium Apartments as negligent parties. Marabella Apartments is named in the lawsuit for failing to provide proper ventilation.

Nickles contends that her daughter "either inadvertently forgot to shut down the engine of the subject vehicle or pushed the start/stop button in an effort to do so but was unsuccessful." Apparently Glisson was unaware that her vehicle was still running when she parked her car in the garage and entered her home. She was found dead after suffering carbon monoxide poisoning. Her boyfriend, Timothy Maddock, was critically injured in the incident.

The Smart Key system allows for keyless entry into vehicles and also remote engine start and stop. Nickles claims that the electronic key system requires consumers to go against a deep-rooted and ingrained behaviors and that it does not have protection for consumers who mistakenly leave their vehicles with it running or those who inadvertently start their vehicle after they have left it.

This is not the first death attributed to the keyless entry system. In the exact same scenario, a Queens woman's partner, a 79-year-old lawyer, died of carbon monoxide poisoning and she was suffered brain damage. In that case, the woman filed a similar wrongful death lawsuit in October of 2010. (Reference New York Daily News.)

The National Highway Traffic Safety Administration is evaluating emerging safety concerns regarding keyless ignition systems after numerous drivers have contacted them. (Reference Update FMVSS No. 114 for Keyless Ignition) Following are the concerns as reported to the NHTSA:

• The inability to shut down the engine in emergency situations
  
• The ability to shut down the engine without putting their vehicle in "park". This has resulted in drivers walking away from their vehicle and it rolling away.
  
• Drivers putting their vehicle in park but inadvertently leaving the engine active, increasing the risk of carbon monoxide poisoning in garages.

Wrongful death lawsuits often stem out of product liability cases when a defective or poorly designed product results in the death of a person. Washington state's wrongful death statute allows the loved ones of a person killed due to an unreasonably dangerous product to recover damages in a civil action against the entity whose negligent or wrongful act resulted in the family member's death.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a personal injury law firm, representing wrongful death and product liability cases for more than 30 years.

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Continue reading " Lawsuit claims keyless ignition factor in carbon monoxide death " »

A 41-year-old Auburn man was critically injured and his passenger, an 11-year-old-girl, was injured when the motorcycle they were riding struck a deer on Highway 18 near Maple Valley on Sunday night.

The man was airlifted to Harborview Medical Center in Seattle; His condition is unknown. The girl was taken to Valley Medical Center for treatment.

Every year there are over a million collisions with deer, according to the Insurance Information Institute. Deer collisions result in approximately 150 fatalities and 10,000 injuries. Motorcyclists are especially vulnerable in a collision with a deer. In 85% of motorcycle-deer collisions, the motorcyclist is killed while only 2% of car-deer collisions result in a fatality to the motorist.

Washington state is one of the top 10 states with the highest motor vehicle-deer collision rate.

We wish both the motorcycle operator and his passenger a speedy recovery.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent victims of motor vehicle accidents.

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The Tacoma News Tribune reports that a Ryan Butler, a 32-year-old boat racer from Buckley, was killed on Saturday when he crashed his hydroplane during the Black Lake Regatta.

According to the report, he crashed his boat during a heat of racing on Saturday. The boat sank after the accident.

This boating accident occurred on the same day the Seafair pirates landed at Alki Beach as part of the kick off of Seattle's Seafair Festival.

Hydroplane racing is the main attraction of the Seattle's Seafair festival.

Hydroplane racing is a dangerous sport as the boats reach speeds of up to 200 MPH. Racing deaths used to be considered almost common place but safety features including safety vests, Kevlar cockpits and design improvements have improved operator safety. However, this is the second hydroplane fatality this year. The first accident occurred on Lake Lawrence in April.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in boating and watercraft accidents and the family of those who have died.

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As the hotter summer months are upon us, the U.S. Department of Transportation (DOT) advises all motorists to inspect their tire for proper inflation, tread wear and damage especially when traveling distances with a car or truck laden with camping gear, luggage and the family.

DOT Secretary Ray LaHood said,:

"As the weather warms up, it's especially important for drivers to ensure their tires are properly inflated. For your safety and the safety of others on the road, inspect your tires regularly and maintain the proper inflation."

According to the National Highway Traffic Safety Administration, between 2005-2009, 3,400 people were killed and another 1116,000 people were injured in tire-related motor vehicle accidents.

Under-inflated tires on hot asphalt can have disastrous consequences. Under inflation and overloading are major causes of tire failure. NHTSA estimates that 8% of all cars and trucks have at least one under-inflated tire. When a tire is under-inflated it flexes more, the tires gets hot and it can explode. Tire failure can result in a serious motor vehicle accident.

Tire Safety Tips:

• Check your tire pressure frequently. It is almost impossible to determine whether your tire pressure is adequately inflated by sight. Tires lose air over time so you should check the tire pressure monthly. Going over potholes or striking an object or curb can also cause your tire to lose air pressure. Buy a pressure gauge and use it.
  
• Check the tire load limits and make sure you are not overloading your vehicle. Every vehicle has a "load limit" which is the greatest amount of weight a vehicle can carry based on the car design and the tires used.
  
• Check your tread wear and make sure you have sufficient tread. You can use the Lincoln head penny test -- place a penny in the tread with Lincoln upside down and facing you. If you can see Lincoln's head, you need new tires.
  
• Check for irregular tread wear. If your tires are not wearing evenly, they may be misaligned or need to be rotated. In this case, take your car or truck in for servicing.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents and the family of those who have been killed.

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Francoie Stephens has filed a federal lawsuit against the makers of the Zimmer Durom hip replacement, Zimmer Holdings. Zimmer Holdings is the largest producer of orthopedic devices. In 2008, Zimmer announced that they were no longer selling the Durom cup due to a high failure rate.

Stephens said he was unaware of the problems with the Durom hip replacements until he saw a TV ad providing information regarding problems associated with the DePuy hip implant. The DePuy hip implant was recalled in 2010 after it was determined that it had a high failure rate.

Stephens had to have his artificial hip replaced after he started having problems with the hip implant including higher than normal cobalt and chromium levels which could indicate a condition called metallosis.

Stephens accuses Zimmer of not informing patients of the problems with the hip device and for negligently designing, manufacturing and marketing a defective medical device.

Stephens product liability lawsuit seeks damages for pain and suffering, medical expenses, loss of enjoyment of life, disability, physical distress and injury, emotional distress and injury, punitive damages, court costs and interests.

For more information, see Case No. 2:11-cv-01466 in U.S. District Court.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a product liability law firm and we represent people who have been seriously injured due to defective hip implants.

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The Insurance Institute for Highway Safety, in a news release, reports that two-thirds of the drivers polled in 14 big cities -- cities with population of greater than 200K -- support the use of red light cameras. This study comes on the heels of a study which showed that red light cameras have reduced fatal red light running motor vehicle accidents by 24% in these same 14 cities.

We wrote about the previous study that showed that red light cameras saves lives. This latest study sought to understand driver's attitudes towards red light cameras.
The results include:

• 9 out of 10 drivers believe red light running is unacceptable
  
• 8 out of 10 drivers believe that red light running is a serious threat to personal safety
  
• 2/3 drivers favor red light cameras at intersections
  
• 42% of drivers strongly favor red light cameras.

Opponents of red light cameras have been vociferous claiming that red light cameras are strictly a revenue-making operation for cities. They also cite privacy. Studies show, however, that ticketing actually goes down as drivers change their behavior when they know that red light cameras are present. In cities where red light cameras are installed, drivers are more careful at all intersections, not just at the intersections where the cameras are.

Drivers are mixed on their support of red light cameras for right-on-red violations. These violations are:

• Turing right on red where not permitted
  
• Turning right on red without first making a stop

While these violations do not cause t-bone accidents, they are hazardous to pedestrians and bicyclists.
For more information, read Attitudes Toward Red Light Camera Enforcement in Cities with Camera Programs.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents due to the negligence of another.

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A Seattle woman, Kitzie Nicanor, was injured along with two other people as she sat on a Miami beach when she was hit by an ATV driven by an on-duty Miami police officer early Sunday morning.

Nicanor's injuries were were not reported but her friend, Luis Almonte suffered a shattered femur in the accident. Nicanor and Almonter had been sitting on the beach waiting for sunrise when they were hit.

According to a report on PoliceOne.com, the officer, Derrick Kulian, was on-duty and reportedly had been drinking at a The Clevelander hotel bar prior to driving his ATV. Kulian was apparently joy riding with a female, Adelee Sharee Martin, that he had met at the bar and was driving with his lights out. Martin was thrown from the ATV in the accident and suffered minor injuries.

One witness told The Miami Herald that Officer Kulian fled the accident scene on foot.

The Miami Herald reports that Kulian, and a second police officer, Rolando Gutierrez, had both been drinking at the Clevelander Hotel. Both officers reportedly are being processed for termination.

This certainly seems like a scandal in the Miami police department. The police were charged with patrolling the beach due to a rash of thefts yet their reckless behavior resulted in the injury of citizens they were hired to protect.

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In an accident such as this one, the victims may have a strong civil suit not only against the officer but also against the Miami police department, especially if it is revealed that drinking on the job was condoned and that other officers attempted to cover for the offending officers.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents due to the negligence of another.

Continue reading " Seattle woman injured after being hit by police ATV in Miami " »