Boston Injury Lawyer Blog

A jury has ordered Honda Motor Co. to pay $55.3 million to a man who is now paralyzed. Carlos Martinez, 57, contended that a faulty seat belt design in his Acura Integra led to his spinal cord injuries.

The seat belt defect-related accident occurred in 2010. One of the tires on his car blew out, causing him to lose control of the auto, which then rolled over. According to his auto defect lawyer, that is when the seat belt failed to keep Martinez’s head from striking the roof of the vehicle.

Martinez, who has four children and was formerly a construction worker, is permanently paralyzed from the chest down. The damages he was awarded include compensation for pain and suffering, loss of consortium, future medical costs, and loss of earnings.

General Motors has yet again announced six new safety recalls today making it the single largest collective recall for the company this year. This new round of recalls involves more than 7.5 million vehicles in the United States.

To date, the company has called back more than 25 million vehicles in the United States for safety-related repairs, according to USA TODAY. This total recall is comparable to all recalls issued for all automakers in recent years.

The company is under heavy scrutiny by the public as well as auto watchdogs including the National Highway Traffic Safety Administration, since its first safety recall for faulty ignition switches which have been linked to 13 deaths in the U.S. alone.

According to USA TODAY, the majority of the vehicles in the latest announcement, (more than 6.8 million in the U.S.) are covered by a single new recall that extends the small-car ignition switch issue – “unintended ignition key rotation” that can shut off the engine while underway – to more midsize and full-size GM cars.

GM spokesman Alan Adler says although the latest recall’s ignition switches met GM’s specifications, there are fears that if they are bumped or jarred, they can pop into “accessory,” disabling the car’s airbags.
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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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