Articles Posted in Defective Products

General Motors has announced its plan to compensate victims of its faulty ignition switch problem, saying that there is no cap on payments and that victims could see as little as a few thousand to millions of dollars in financial compensation.

According to an article published by USA TODAY, GM’s attorney Kenneth Feinberg, who GM hired to administer fund payments to victims and their families, GM hopes to pay all victims and resolve their cases within 90 — 180 days (depending upon how complicated the case is) of them filing a claim. Feinberg acknowledged that he has created a formula so to speak, on how to determine compensation amounts, however there is no limit on payments to individuals, nor for the total fund. Determining the payout will depend on the circumstances of the case and injuries sustained, if any. The payments will also not be limited to deaths and injuries directly caused by the recalled issue of front airbags not deploying. In fact, those who were injured as rear passengers or who were occupants of other cars involved in a crash with a GM car could see a payout as well.

“Money is a poor substitute for loss,” Feinberg said.

Feinberg added that the company delegated at his “sole discretion” which claims are eligible and how much money they should get, saying that there will be no appeals.

“Once I make the decision, that’s it,” he said.

The company will begin accepting applications on August 1 and the application deadline is scheduled to close on December 31.

To date, General Motors has issued recalls for more than 2.6 million 2003-2011 GM small cars worldwide-with 2.19 million of those vehicles being recalled in the U.S. The recall was issued to replace defective ignition switches that were linked to 13 deaths in 54 [documented] crashes. According to the company, the switch can inadvertently rotate from the “run” position to “accessory” while the car is underway, shutting off the engine and power steering and brake assist as well as disabling the airbags. According to USA TODAY, the critical safety flaw in the recall and the compensation fund, is the failure of the airbags to deploy when they’re supposed to.

If the airbags inflated in a crash, then “you’re not eligible. Automatic disqualification,” for the compensation fund, Feinberg said, according to a statement recorded by USA TODAY.

“But if the airbag didn’t deploy, it could have been the switch,” he said. “If the airbag didn’t deploy, or you don’t know if the airbag deployed, file a claim.”
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The United States Food and Drug Administration is warning consumers who regularly use popular anti-acne treatments about rare, but potentially deadly allergic reactions.

In a statement released by the FDA yesterday, problems have been reported with topical treatments including gels, face washes, medicated pads, and other products containing benzoyl peroxide and salicylic acid. The FDA said it is still unclear whether those two anti-acne ingredients, common in nearly all anti-acne treatments, are what has triggered numerous reactions, or if a combination of other ingredients may be the cause.

The most popular treatments currently on the market containing these chemicals include brands such as Proactiv, Neutrogena, MaxClarity, Oxy, Aveeno as well as many others. Officials, for now, have asked consumers to stop using the products immediately if they experience tightness of the throat, breathing problems, lightheadedness, or swelling of the eyes, face or lips. New users may test their sensitivity to these products by dabbing a small amount onto their skin for three days. If no symptoms occur, then the product will generally be safe to use and the consumer may use the product as directed.

According to an article published by WCVB, research conducted by the FDA found that there had been 131 reports of serious allergic reactions stemming from topical acne drugs in the past 44 years. Though none of these cases were fatal, 44 percent of those who reported serious symptoms had to be hospitalized. Most of the problems, according to this report, were experienced within 24 hours of the first treatment.

Regulators from the FDA continued to stress that these hypersensitivity reactions are much more serious than minor rashes or irritations often seen with skin products.

Acne products such as Proactiv and those produced by Neutrogena are especially popular among teens and young adults. Because of this warning, it is the best interest of the consumer to discontinue using these products, especially if he or she has experienced any adverse side effects.
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Several acrobats injured in a horrific circus accident in Providence, Rhode Island last month have hired attorneys and are speaking out about their terrifying experience.

Seven circus acrobats were seriously hurt during a performance for the Ringling Brothers and Barnum & Bailey Circus, which held shows in downtown Providence at the Dunkin’ Donuts Center in May. The female acrobats were apart of a performance in which they were suspended from the ceiling of the show’s tent in an act called the “human chandelier.” The women were attached to the contraption by their hair.

During the performance a steel clamp holding the women to the ceiling snapped, sending the acrobats plummeting approximately 20 feet to the floor. A ninth performer who was standing below was also injured. Since the accident, several of the performers have struggled to regain mobility, and remain at Spaulding Rehabilitation Center in Boston trying to recover.

During an emotional press conference, several of the acrobats expressed how their injuries have changed their lives and how they are slowly trying to recover post-accident. Several of the victims have undergone dozens of surgeries and have endured hours of physical therapy. According to an article published by the Boston Globe, two patients suffered severe spinal cord injures, five sustained open fractures, and one suffered a lacerated liver. Some of the acrobats expressed not being able to return to the circus.

Since the accident, the acrobats have hired attorneys to fully investigate the incident and determine who is ultimately responsible for the incident. A preliminary investigation by a fire department investigator said that possible causes for the incident could include improper rigging, an overloaded carabiner, or a manufacturing defect.
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A Best Buy worker has been awarded $1.2 million in a products liability lawsuit following a serious fall at work at a Bloomingdale, Illinois store in 2008.

According to court documents, Best Buy employee Christopher Connors was retrieving a television from an elevated storage area when he slipped and fell from the platform. Connors was wearing a safety belt around his waist which had been supplied by Big Joe Manufacturing Company. Though Connors was wearing the belt, it was loose and slipped over his head when he fell from the platform. Then 29 years old, Connors suffered severe spine and back injuries which prevented him from returning to work and resulted in Connors needing to undergo corrective surgery for his injuries.

The lawsuit alleged that Big Joe Manufacturing Company was negligent in that it failed to mandate the use of a full body harness as a fall protection system and that the company did not provide Best Buy with adequate instructions or warnings about the product.

In a statement made by the plaintiff’s lawyer, Edward G. Willer, Willer said “”Had the defendant provided a full body harness as it was required to do if sold in Canada, it is unlikely Mr. Connors would have suffered this type of injury.”
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According to the United States Consumer Product Safety Commission, the “Nap Nanny” infant recliner has been recalled by Baby Matters LLC, after a sixth infant died while strapped into the seat.

Since last year, the company had recalled more than 165,000 baby recliners after five infants were killed, and dozens more were injured by the product. The company as well as the CPSC received numerous reports of children falling out of the seat or hanging over the side of the seat while still strapped in.

Baby Matters of Berwyn, Pennsylvania, said that the recall was issued as part of a settlement the company reached with the CPSC. According to the CPSC, the sixth infant death occurred in New Jersey where a 8-month-old baby girl secured by the belt was found partly hanging over the side of the seat, trapped between the product and the crib bumper. The CPSC is now urging all consumers who own the product to immediately discontinue using them.

PRODUCTS LIABILITY CLAIMS
Consumer product manufacturers, like Baby Matters, are responsible for ensuring their products are safe for consumption and use, and do not pose a risk for serious injuries to those who use them. There are millions of baby products currently on the market globally, and the reality is that a substantial number of these baby products may pose a threat to the health and wellbeing of children who come in contact with them.
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Yesterday, Ford issued its largest ever vehicle recall for more than 1.3 million SUVs and cars in North America to fix steering, rust, and floor mat problems.

ABOUT THE RECALL
In total, the company is recalling more than 1 million vehicles nationwide. Models impacted include Ford Escape, Mercury Mariner and Ford Explorer SUVs, as well as Ford Taurus, Ford Fusion, Mercury Milan, Lincoln Zephyrs, and Lincoln MKZ sedans.

Over 915,000 Ford Escapes and Mercury Mariners (Ford’s smaller SUVs) are being recalled for a problem with the vehicles’ torque sensor within the steering column. The company is warning customers that the problem could potentially cause loss of power-assisted steering, which would make the SUVs more difficult to control and thus increase the risk of a serious crash. This recall impacts model year 2008 through 2011; vehicles which were built between August 2006 and September 2010. The automaker has recommended one of three fixes for the problems including replacing the sensor, updating vehicle software, or replacing the steering column.

196,000 Ford Explorers in the model years 2011 – 2013 have also been recalled. The company cited an electrical problem in a steering gear as the issue and stated there was a possibility of losing power steering. Dealers have been asked by the company to either update software or replace vehicles’ steering column.

Other recalls issued by the company impact Taurus sedans, which Ford said face the risk of catching on fire because there is a potential for rust to develop (because of road salt used to clear roadways of snow and ice), around the license plate area and cause a short circuit. Vehicles were recalled in 20 U.S. states.

Lastly, an estimated 82,500 Ford Fusions, Mercury Milans, Lincoln Zephyrs and Lincoln MKZs from the model years 2006 through 2011 were recalled for issues with their floor mats. According to the company, floor mats in some of the vehicles have the potential of coming into contact with the gas pedal if not properly installed. The company has requested that dealerships replace the vehicles’ car mats with new ones.
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Raising the number of vehicles it has recalled this year so far to nearly 15.4 million autos, General Motors Co. announced this week that it is recalling another 2.8 million cars globally. This latest round involves possibly faulty air bags, seat belts, transmissions, and fire hazards. Most of the autos impacted are in the United States.

The actions affect: 1,402 Escalade ESVs and Cadillac Escalades (2015 models), which have been linked to improperly attached airbags; 284,913 Chevrolet and Optra autos (2004-2008 models) because their daytime running lights may overheat, potentially causing a fire; 1,339,355 Buick Enclaves, GMC Acadias, and Chevrolet Traverses (2009-2014 models) and the Saturn Outlook (2000-2010 models) over a weak seatbelt design; 58 GMC Sierra HDs and Chevrolet Silverado HDs (2005 model) due to a fire hazard; and 1,075,102 Pontiac G6, Malibu Maxxes, and Chevy Malibus (2004-2008 models) over a transmission issue. With that problem, drivers may not be able to change gears, put the the car in park mode, or take the key out of the ignition. Already, this has resulted in at least 18 car accidents and one injury.

GM to Pay $35M NHTSA Fine