Defective Products

March 29, 2011

Massachusetts Auto Products Liability Lawsuit Seeks Damages from Mitsubishi Over Deadly SUV Rollover in Revere

The parents of Jason Alan Foster are suing Mitsubishi for his Revere, Massachusetts wrongful death. Foster, then a 17-year-old Ipswich teen, was fatally injured in a SUV rollover crash on Route 1 on August 6, 2009.

Foster and another person were riding in the rear seat of a 2000 Mitsubishi Montero when the driver, an inexperienced teen, lost control of the SUV, which rolled over on a curve. Foster and 16-year-old girl were both thrown from the vehicle. She also died from her injuries.

In their Revere auto products liability complaint, Michelle and Charles foster claim that the SUV rollover occurred because the Montero had an “unreasonably dangerous” design. Their Boston wrongful death lawyer says that this particular Mitsubishi vehicle is “notorious” for its involvement in rollover accidents. The Fosters are alleging that the vehicle displayed poor maneuverability, had a high gravity center, was prone to oversteering, and had been designed in a way that did not protect occupants during rollovers. They also contend that Mitsubishi did not “properly warn” about the vehicle’s flaws, defects, or flawed design even though a number of plaintiffs had already filed civil complaints about these problems.

February 24, 2011

Toyota Motor Corp. Recalls Another 2.17 Million Vehicles Over Floor Mat/Accelerator Pedal Entrapment Concerns

by Altman & Altman

Upping the number of vehicles recalled since 2009 to over 14 million globally, Toyota Motor Corp. says it is recalling another 2.1 million motor vehicles in the US because of concerns that the accelerator pedal might get stuck in the driver’s side floor mat or carpeting. As you know, our Boston injury law firm has been reporting on this safety issue for some time. Now, following this latest recall, the US Transportation Department’s National Highway Traffic Safety Administration says it is satisfied with the automaker’s handling of the pedal entrapment problem and it is closing its investigation into this matter.

It was earlier this month when US regulators announced that they had determined that electronic issues were not the cause of the sudden, unintended acceleration problems that have led to hundreds of complaints, including auto products liability lawsuits and wrongful death claims. Rather, driver error (“pedal misapplication,” meaning the motorist accidentally stepped on the gas pedal instead of the brakes) and mechanical defects are the primary culprits.

Included in this latest pedal entrapment recall are:
• 600,000 400Runner SUVs (2003 – 2009 models)
• 17,000 Lexus LX 570s (2008 – 2011 models)
• 761,000 RAV4 compact SUVs (2006 – 2010 models)
• 372,000 RX330, RX 350, and RX 400H autos (2004 – 2007 models)
• 397,000 Toyota Highlander SUVs and hybrids (2004 – 2006 models)
• 20,000 GS300 and GS350 all-wheel drive autos (2006-2007 models)

Toyota says no injuries, deaths, or accidents related to this latest recall have been reported. Also, NHTSA says that of the 93 allegations of death in the approximately 3,000 reports of sudden acceleration incidents it has received, 5 of them have been confirmed. However, there are still dozens of auto products liability lawsuits waiting to be resolved.

Toyota recalls 2.17 million vehicles in US, Boston.com/AP, February 24, 2011
Toyota Recalls Another 2 Million Cars. Apology Needed, Bloomberg Business Week, February 24, 2011

Related Web Resources:
Toyota Motor Corp.

NHTSA

More Blog Posts:
U.S. Department of Transportation Releases Findings on Study of Toyota Unintended Acceleration, Boston Car Accident Lawyer Blog, February 9, 2011 Toyota Recalls More than Two Million Autos Over Gas Pedal Defect, Boston Injury Lawyer Blog, January 21, 2010
Family Suing Toyota For Massachusetts Auto Products Liability Claims Sudden Acceleration Caused Medford Woman’s Wrongful Death, Boston Injury Lawyer Blog, February 28, 2010 Continue reading

February 11, 2011

Two Infant Deaths Spur Recall of 1.7M Summer Infant Video Baby Monitors

by Altman & Altman

The Consumer Product Safety Commission is recalling approximately 1.7 Summer Infant baby monitors following two infant deaths by strangulation. Included are over 40 different models of digital, handheld, and color models. The company issuing the recall is called Summer Infant, which will provide users with better instructions.

If you have one of these baby monitors, our Boston products liability lawyers want to remind you to adhere to the instructions of Summer Infant and CPSC and make sure that the cameras and their cords are out of your child’s reach. Per the CPSC, one baby, 10 months, died last March when she was strangled after getting caught in a monitor camera’s cord. The monitoring device had been placed on top of the crib rail. In November, a 6-month-old-baby died from strangulation because of the monitor’s electrical cord. The baby monitor had been placed on the changing table next to his crib.

Also, a 20-month old toddler was almost strangled after the camera monitor’s cord ended up around his neck. Even though the monitor camera had been hooked to the wall, the boy was able to reach the cord.

February 8, 2011

Massachusetts Dangerous Drug Lawsuit Says Raptiva Caused Serious Infections

by Altman & Altman

Gerald Sylvia is suing Xoma LLC and Genentech, Inc. for Massachusetts personal injury. In his dangerous drug lawsuit, he claims that the drug Raptiva caused him to develop acute retinal necrosis and meningitis. He is now legally blind.

Genentech recalled Raptiva in 2009 after the drug, used to treat psoriasis, was linked to three suspected cases of progressive multifocal leukoencephalopathy (PML), a deadly brain infection that can turn fatal. In addition to attacking the central nervous system, PML can cause paralysis, speech impairment, vision loss, weakness, cognitive deterioration, and death.

Raptiva, a subcutaneous injection, increased the risks of life-threatening infections, lymphoma, neurological complications, malignancy, and death. Sylvia claims that the drug manufacturers knew about the health risks posed by the drug yet failed to warn physicians or patients. He says that the defendants allowed the defective drug to remain in the market when they knew there were safer options.

Unfortunately, each year, thousands of Americans are killed because of adverse side effects from taking prescription drugs and over-the-counter medications. In some cases, a defective drug is allowed to remain in the marketplace even after the medication has caused serious side effects in users. Failure to warn of possible side effects has resulted in health complications that could otherwise have been avoided.

It is a drug maker’s responsibility to make sure that their medications don’t cause catastrophic injuries or serious health issues. When a drug manufacturer fails in this duty, the victim or his/her family may have grounds for a Boston dangerous drug lawsuit.

Sylvia et al v. Genentech, Inc. et al, Justia Dockets & Filings
Raptiva is withdrawn from the US market, UPI.com, April 9, 2009

Related Web Resources:
Raptiva, National Institutes of Health
Genentech

Other Dangerous Drug Blog Posts:
Boston Dangerous Drug: Taking Darvocet or Darvon Can Cause Heart Problems, Boston Injury Lawyer, January 28, 2011
Boston, Massachusetts Personal Injury: Are Dietary Supplements Dangerous Drugs?, Boston Injury Lawyer, August 4, 2010
Pfizer Settles for $400,000 the Massachusetts Dangerous Drug Lawsuit Filed by Family of Neurontin User who Committed Suicide, Boston Injury Lawyer, April 5, 2010 Continue reading

January 12, 2011

Boston Wrongful Death Lawsuit Filed in Toddler’s Fatal North Attleboro Crib Accident

by Altman & Altman

The parents of Landon Zimmerman have filed a Boston wrongful death lawsuit against Crib manufacturer Simplicity, its successor company SFCA Inc., and retailer Hayneedle Inc. over the tragic crib accident that killed the 1-year-old. Landon died from asphyxiation when he became entrapped between his Simplicity crib’s frame and mattress.

His Massachusetts crib death was one of the reasons that the Consumer Product Safety Administration recalled all Simplicity cribs that have a mattress support frame made of tubular metal. According to Landon’s parents Lauren Zimmerman and Jeremy Fontaine, the retailer was grossly negligent because it failed to warn that the Simplicity Ellis Deluxe 4-in-1 Convertible Sleep System crib that it was selling had “dangerous and defective characteristics.” For example, In the event that one of the crib’s frames were to detach, bend, or cause a portion of the mattress to collapse, a space could get created that a toddler or infant might fall through or get stuck or entrapped in. Also, per the CPSC, the Simplicity crib’s defects made it a hazard for suffocation, strangulation, and fall accidents. The boy’s parents contend that Hayneedle failed to provide warning on what were the safe and proper ways to assemble, maintain, and use the crib. Simplicity and SFCA Inc. are no longer in operation.

Crib defects cause injuries every year. Because children are frequently left alone in cribs, it may be too late by the time that someone discovers that the baby or toddler that had been left sleeping has suffocated or strangled in a Boston crib entrapment accident. Crib manufacturers and retailers can be held liable for Boston products liability or wrongful death if negligence or errors on the part of the manufacturer and/or the seller contributed to allowing the crib accident to occur.

January 4, 2011

Boston Products Liability Lawsuits Filed Over DePuy ASR Hip Devices

by Altman & Altman

More than four months after DePuy Orthopaedics Inc. and Johnson & Johnson announced the recall of its DePuy ASR(TM) Hip Resurfacing System and ASR(TM) XL Acetabular System, our Boston hip implant defect lawyers continue to be available around the clock to offer a free consultation to those that may have reason for a claim. Altman & Altman, LLP is currently handling a number of Massachusetts products liability lawsuits related to the DePuy ASR hip replacement recall. Contact us immediately by sending us an email or by calling (877) 721-4824.

The hip replacement devices were recalled after a number of patients who had used the DePuy systems ended up having to undergo another hip replacement procedure. Revision surgery is not a painless medical procedure to go through and recover from once let alone a second time-especially if the patient is an elderly senior or someone who is suffering from other health issues. Yet even though about 93,000 people have been implanted with a DePuy hip system, the National Hip Replacement Registry reported last month that only 60% of DePuy hip implant patients had been told about the recall.

Per unpublished information from the National Joint Registry (NJR) of England and Wales, there is an approximately 12% five-year revision rate for the ASR(TM) Hip Resurfacing System and an about 13% revision rate for the ASR(TM) XL Acetabular System. The risk of a revision surgery appeared to go up if the patient was female or had been fitted with an ASR head size that was below 50 mm in diameter.

Signs that there may be problems with your DePuy hip replacement device include walking difficulties, swelling, and pain. While these symptoms are normal soon after receiving the hip implant, a patient shouldn’t experience them and they aren’t supposed to recur. If the symptoms do persist or resume, this may indicate that:

• The implant has come loose.
• The bone around the implant may have fractured.
• The parts of the implant that are supposed to move against each other may have become dislocated.

Also, over time, the metal components of an ASR Hip can generate small microscopic particles as they move against each other. Unfortunately, some patients may experience a reaction to these particles, which can cause joint swelling, pain, and may even damage the bones, muscles, and nerves in the hip area.

DePuy Orthopaedics Voluntarily Recalls ASR(TM) Hip System, Johnson & Johnson, August 26, 2010
Related Web Resources:
An Estimated 93,000 Depuy Hip Implants Patients In Danger, Nutrition and Diet News, December 15, 2010
ASR Hip System Recall Guide

National Hip Replacement Registry

DePuy Orthopaedics Inc.
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December 31, 2010

Propane Tank Involved in Deadly Norfolk Construction Blast May Have been Lacking Chemical Odorant

by Altman & Altman

According to the Boston wrongful death lawyer of William Nichols’ family, the propane tank that exploded to cause his fatal Norfolk, Massachusetts construction accident last summer did not have ethyl mercaptan, a chemical odorant used to warn when there is a propane leak. Nichols, a 48-year-old Blackstone electrician, was working on the air conditioning and heading system of a duplex under construction on July 30 when the tank explosion occurred. He ended up buried in debris for over 90 minutes.

Nichols’s family reportedly plans to file Boston wrongful death complaints against Smolinksy Brothers Plumbing and Heating Service, the company that installed the heating system and EnergyUSA, which was responsible for installing the gas tank. The reports, issued by State Police and the state fire marshall, appear to clear DCP Midstream LLC, which delivered the gas.

Injured in the Norfolk propane blast were 72-year-old Foxboro resident David Bethel and 43-year-old Franklin local Robert Dena, who were both working for Deno Electric, Inc., 25-year-old Norfolk resident and Prevett Heating and Cooling employee William Prevett, 17-year-old Wrentham resident Thomas DiPlacido, and 58-year-old Norfolk local Mary Jackson, who lived in the adjacent condo. Firefighters John Zajac and David Payne were also injured.

December 29, 2010

General Motors Recalls Affect More than 180,000 Vehicles

by Altman & Altman

General Motors Co.’s Cadillac division is recalling approximately 95,927 CTS sports sedans in its 2005, 2006, and 2007 model lines to repair a possible problem with the sensing system in the frontal passenger seats. The sensing mat is supposed to detect the relative weight of the passenger, control airbag deployment, and give warning when a briefcase or heavy handbag is on the seat. However, with some of the vehicles, flexing the mat repeatedly can cause it to bend, kink, or fold. This can break the mat’s electrical connections and cause the sensor to fail and possibly disable the air bag, which can prove fatal during a catastrophic Boston car accident.

GM is also recalling more than 97,000 2011 model vehicles because of a problem with the safety belt buckle anchor on the front seats. Breakage close to the seat attachment can occur during a car crash, which can result in serious injuries. Local GM dealers will inspect the seat belts for free. GMC Terrain vehicles, Cadillac SRXs, and Chevrolet Equinox autos are affected by the recall.

Meantime, the US government is looking at whether about 384,000 Saturn ION compact cars should have been part of an earlier recall. That recall involved over 1 million GM vehicles over a power steering issue. The National Highway Traffic Safety Administration says it has received hundreds of complaints over this issue that has, in some instances, resulted in traffic collisions.

December 13, 2010

Alcohol-Infused Whipped Cream: The New FourLoko?

by Altman & Altman

In the wake of the controversy surrounding FourLoko, the briefly-popular caffeinated alcoholic beverage, another contentious alcoholic product is emerging.

Whipped Lightning, also known as “whipahol,” is an alcohol-infused whipped cream manufactured by Maple Grove Products. A Public Health professor from Boston University told the Daily Free Press that the product is troubling for a couple of reasons. Firstly, he noted that the product poses the danger of youth abuse because of its attractive whipped cream form and high alcohol content. This point is somewhat reinforced by the product’s website, which says, “Whipped cream’s not just for kids anymore…” Secondly, the BU professor mentioned the risk of reaching excessive levels of drunkenness due to the product’s sweet flavor. Similarly, although the main safety concern with respect to FourLoko was the combination of alcohol and caffeine, many expressed concern that FourLoko’s bright packaging and fruity flavors made the product attractive to children.

Whipped Lightning contains 18 percent alcohol, and another alcoholic topping called Cream contains 15 percent. Both products are becoming popular on college campuses, according to CBS News. Neither has had a conflict with health regulators yet.

Sources:
CBS News, Four Loko move over, here comes Whipped Lightning, alcohol-infused whipped creamThe

Daily Free Press, FourLoko looks to revamp, but copycats may still exist

WhippedLightning.com

If you or someone you know has been injured or killed because of a dangerous product, call Altman & Altman today.
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December 7, 2010

State Official Warns Against ‘Water Ball’ Mall Rides

by Altman & Altman

Tom Gatzunis, the commissioner of the Department of Public Safety in Massachusetts wants to ban water ball amusement rides. While a water ball ban would be outside this reach of his authority, he is asking the state Legislature and Governor Patrick to extend the scope of his power. Gatzunis issued a “stern warning” against the rides Tuesday, stating that they are inherently unsafe, especially for children.

Since they were introduced in the United States last summer, water balls have become popular in malls and at carnivals. Children climb inside of the inflatable, sealed balls, allowing them to walk, jump, roll or crawl on top of water. Gatzuni warned that there is no way to monitor the amount of oxygen inside. Certain producers of the toys say that there is enough oxygen for an average person to remain inside for 20-30 minutes.

The water balls came under scrutiny when a 5-year-old girl almost died in one at the Independence Mall in Kingston last month. The girl had stopped breathing and was taken by ambulance to Plymouth’s Jordan Hospital. According to one witness, no one knew that the girl wasn’t breathing because the flow of the water made it look like she was moving.

World Against Toys Causing Harm (WATCH), a Boston-based national child safety group, warned against a comparable toy, called the Giga Ball, last year.

Thousands of children are killed every year because of dangerous and defective toys. Water ball manufacturers, mall owners, or others might be responsible for injuries or deaths caused by the toys. If your young loved one has been hurt, call our personal injury attorneys today.

Sources:
PatriotLedger.com, Kingston mall ‘water ball’ incident sends girl to hospital

CBS Boston, State Issues ‘Stern Warning’ Against Water Balls

The Boston Globe, State official criticizes water ball attraction
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