General Motors has added 1.5 million vehicles to its recalls yesterday and publicly acknowledged that it fell short in catching faulty ignition switches linked to 12 deaths.

GM chief executive Mary Barra issued a statement to her GM employees saying, “Something went wrong with our process in this instance, and terrible things happened,” according to Reuters. Barra also apologized for the company’s failure to catch the faulty ignition switches and acknowledged that the company is now changing its practices in handling defect investigations and recalls.

Since the first series of recalls two months ago, GM has recalled more than 3.1 million vehicles globally. The initial recall, which included 1.6 million vehicles, was prompted by evidence of faulty ignition switches. The latest recall includes more than 1.5 million newer crossover utility vehicles, luxury sedans, and full-sized vans because of faulty airbag wiring, brake parts, and other defective components.

Because this recall encompasses models nearly a decade old that should have seemingly been recalled much sooner than this year, GM is now under criminal and civil investigations, and faces congressional hearings and class-action lawsuits in both the United States and in Canada. The major question remains though: Why did GM take so long to address a problem that came to its attention in 2001?

GM is in negotiations with Delphi Automotive, the company that supplies GM cars’ ignition switches, to supply a second line for replacement parts. Barra stated that customers will receive a detailed notice by mail during the second week of April.

MODELS RECALLED

According to Reuters, the latest recalls include 1.18 million mid-sized crossovers to repair an issue that could lead to the non-deployment of side airbags. It said it will repair the wiring harness of seat-mounted side airbags.

Affected are some 2008-2009 and all 2010-2013 Buick Enclave and GMC Acadia crossovers, some 2009 and all 2010-2013 Chevrolet Traverses and some 2008-2009 and all 2010 Saturn Outlooks. Most of the vehicles were sold in the United States, but some are in Canada and Mexico.

303,000 Chevrolet Express and GMC Savana full-size vans are also being recalled to replace plastic material in the passenger instrument panel to meet federal head-impact crash standards for unbelted passengers, a spokesman for GM said.

Affected are vans from model years 2009 through 2014 that are rated to carry up to 10,000 pounds including the vehicle’s own weight. The majority of these vehicles were sold in the United States, and were also sold in Canada, Mexico and other markets.

In the XTS, a brake booster pump wiring issue can lead to overheating, melting of plastic parts and a possible engine compartment fire, the spokesman said. There were two reports of fires in unsold cars on dealer lots in June and September last year as well as two cases of melted components.

Affected are 63,900 of the 2013 and 2014 luxury sedans, mostly in the United States, but also in Canada, Mexico and a small number in the Middle East, the spokesman said.
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Graco Children’s Products has announced a recall of more than 403,000 child safety seats in addition to last month’s recall of nearly 4 million car seats because of faulty harness buckles.

The company came under scrutiny by government watchdog National Highway Traffic Safety Administration when it issued the first recall. NHTSA alleges that it has received thousands of complaints from consumers having to resort to extreme measures to unlock their children from Graco’s safety seat harnesses because they’ve become stuck. Often the harnesses would become stuck because food and beverages can make the harness buckles in the children’s seats sticky and therefore harder to unlatch over time.
Graco has maintained that only 1% of its seats are affected, but the NHTSA wants Graco to add an additional 1.8 million seats to its recall. According to the company though, this recall does not include rear-facing infant seats because infants likely do not get food or drinks on their seats. Yet this is the only explanation the company gave as to the reason why it did not call infant seats. Graco has until March 20 to formally explain to NHTSA why it did not include infant seats in the first recall.

The 403,222 seats added to the previous list of recalled child safety seats include models: Argos 70 Elite, Ready Ride, Step 2, My Ride 65 with Safety Surround, My Size 70, Head Wise 70 with Safety Surround, Nautilus 3-in-1, Nautilus Plus, and Smart Seat with Safety Surround. These include all models manufactured between 2006 and 2014.

Graco confirmed it will send replacement buckles to owners of infant seats upon request. The company also has issued cleaning tips for buckles as well as instructions on how to replace the buckles (including posting a video to its website) for customers who requested a replacement buckle for their child’s seat.
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Television and print advertisements for Low T supplements like Androgel or Axiron are becoming increasingly common. Though the FDA has only approved the drug for patients with low testosterone levels abbreviated in the medical field as “Low T,” off-label prescriptions for such medications have doubled in four years to 430 million, according to CBS News. There have been warnings for women about the dangers of contact with testosterone therapy supplements for quite some time, but multiple recent studies found compelling evidence that Low T medications such as Androgel may triple the risk of a heart attack in men under 65 within 90 days of starting treatment. According to Bloomberg News, the “U.S. Food and Drug Administration said it will re-examine the safety of testosterone replacement drugs after two studies showed a higher risk of heart attacks and strokes in men who use them.”

The alarming new information comes as the market for Low T treatment has grown to $1.6 billion annually. The booming industry is being fed by seductive advertisements peddling the drug as a fountain of youth, driving sales and increasing prescriptions for even those with normal testosterone levels. A recent study published in the PLoS One medical journal found definitively that, “In older men, and in younger men with pre-existing diagnosed heart disease, the risk of MI [heart attack] following initiation of TT prescription is substantially increased.” Dr. Steve Nissen, a cardiologist at the Cleveland Clinic, is quoted by CBS News as explaining, “We don’t know very much about this therapy. What’s going on is a giant experiment with American men’s health at stake because we don’t have the long-term data on the safety of these products.”
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The MBTA now says that bus passengers aboard a Route 222 bus traveling down Washington Street in Quincy were forced to jump into action after the driver suffered an apparent seizure, according to multiple sources including WBZ and WCVB. Security camera footage from the moderately crowded bus shows the 37-year-old driver convulsing violently as some quick thinking passengers rushed into action.

The bus was heading toward the Fore River Bridge when the driver went into distress. One rider, Richard Hiort, grabbed the steering wheel and stepped on the break, bringing the bus safely to a stop while holding the driver up with his other hand. Speaking to WHDH news, Richard explained, “Basically I just held him. I grabbed onto the back of the chair. Back of the — one of the bars there, and just held him so he didn’t fall out of the seat.”
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Just week after General Motors announced that it was doubling the amount of cars it was recalling over faulty ignition switches that had been linked to 13 deaths, a new review of federal information is showing that there have been at least 303 fatalities involving air bags that didn’t inflate on two of the models recalled. The automaker is recalling 1.4 million vehicles in the US alone, including Pontiac G5s and Chevrolet Cobalts (’05, ’06, and ’07 models) and Chevrolet HHR SUVs, Pontiac Solstices, and Saturn Sky Cars ([06, ’07 models) and Saturn Ions (’03, ’04, ’05, ’06, and ’07 models). The air bag deaths occurred in Ions and Cobalts.

If you were injured in car crash involving a GM vehicle (or any other auto) that had air bags that failed to deploy or because the ignition switch failed, please contact our Boston auto defects law firm today. Altman & Altman LLP represents victims and their families against automakers and others in wrongful death cases, auto products liability lawsuits, air bag cases, and other types of injury claims.

The GM recall was over ignition switches at risk of moving from “run” position to off, which could shut down the engine and the electrical power. The problem seemed to arise if the driver’s key chain is too heavy or the roads are extremely rough. The shutting down of the power may also turn off the power brakes, power steering, and deactivate the air bags.

The Foreign Corrupt Practices Act, though perhaps not as immediately recognizable by the public as other key pieces of legislation such as the Sherman Antitrust Act, has been repeatedly proven to play a crucial role in protecting the American public and law-abiding business from corporations engaging in illegal bribery and business practices both in the United States and abroad.

Most recently, Alcoa, the world’s third largest aluminum producer was found to be in violation of the FCPA. The Securities and Exchanges Commission alleged Alcoa, along with AWAC (AWAC is a global bauxite mining and alumina refining enterprise between Alcoa Inc. and Alumina Limited) paid numerous bribes to government officials in the country of Bahrain regarding contract negotiations between Alcoa and a major government-operated aluminum plant, according the official SEC press release. According to the Alcoa website, the New York and Philadelphia-based company employs “approximately 60,000 people in 30 countries around the world.” An SEC investigation uncovered more than $110 million in corrupt payments made to Bahraini officials with connections to a key government-controlled aluminum plant.

As is the case with many FCPA violations, the SEC accused the aluminum producing giant of falsely recording these transactions as “legitimate commissions or sales to a distributor.” As a result of this illegal activity, as well as a civil case brought forth, Alcoa has been fined a total of $384 million. This fine is among the largest imposed by the SEC, with the largest being $800 million paid out Siemens AG in 2008. Kara N. Brockmeyer, chief of the SEC Enforcement Division’s FCPA Unit added, “The extractive industries have historically been exposed to a high risk of corruption, and those risks are as real today as when the FCPA was first enacted.”
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The Foreign Corrupt Practices Act (FCPA) was enacted by congress to protect the American public and law-abiding companies and prosecute those who engage in illegal bribery and business practices with foreign governments for the purpose of gaining or maintaining business. According to the FCPA Resource Guide, “when business is won or lost based on how much a company is willing to pay in bribes rather than on the quality of its products and services, law-abiding companies are placed at a competitive disadvantage-and consumers lose.”

Cases involving businesses that violate FCPA guidelines are extremely sensitive to the Securities and Exchanges Commission because they are harmful to the free market economy in America. Competition is the cornerstone of capitalism and the SEC aims to level the playing field among businesses and reestablish public confidence in the market with the Act.
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Two women were injured at the TD Garden last week after being hit by protective netting.

The accident occurred when the netting, which is designed to protect fans from flying pucks, was being raised at the end of the game. The women were struck by the net’s metal frame. Though the women did not suffer life-threatening injuries, they were both taken to Mass General Hospital for treatment of serious injuries.

When are stadiums and arenas responsible for injuries to fans?

Millions of people visit stadiums and arenas every year to attend sporting events, concerts, and other spectator shows, and while these events are often fun and memorable, they can also be dangerous.

Because injuries at these events are almost inevitable, many owners and managing companies seek to mitigate these risks by adding a printed disclaimer to each event ticket. A disclaimer is essentially a waiver of legal responsibility for the venue whereby the purchaser understands the risk for injury and assumes accountability should he or she be hurt during an event. In addition to a printed disclaimer, venues who regularly host events, especially sporting venues, are outfitted with protective equipment to prevent spectator injury. At the TD Garden, the protective netting is designed to block pucks from flying into the spectator crowd.
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At approximately 12:30pm on Monday, March 10th, an MBTA Green line train heading outbound toward Riverside derailed and struck a wall near the Beacon Street portal where the D and C lines intersect, according to MBTA spokesman Joe Pesaturo. Multiple minor injuries were reported, with conflicting accounts coming from Boston EMS and MBTA Transit Police. Boston EMS reported via Twitter that 10 people, including the train operator, were taken to local hospital, while MBTA Transit police reported six injuries. Four people, including the operator of the derailed car reported having back pain following the crash, according to WHDH. Though most of the injuries reported were from the derailed train, some passengers in a train directly behind the accident were treated for injuries as the operator had to slam on the brakes to avoid hitting the disabled train.

According to the verified MBTA Twitter page, service between Kenmore and Fenway on the D line and Kenmore and St. Mary’s Street on the C line was shut down for the remainder of the day. Crews worked through the night to make sure MBTA service returned to normal this morning just after 5:00am.
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The Office of the Inspector General of the U.S. Department of Health and Human Services has issued a report finding that a third of nursing home patients released are harmed by the care that they receive at these professional facilities. Many of the incidents reportedly could have been prevented. NPR says that according to Ruth Ann Drill, a deputy regional inspector general, a lot of the failures that caused this harm involved the ordinary, daily care that nursing homes are supposed to provide residents.

In Massachusetts, our Boston nursing home neglect and abuse lawyers represent residents that were hurt or whose health suffered because they did not receive the proper care they were owed at a professional care facility. Please contact Altman & Altman, LLP today to find out if we can help you.

The report looked at the records of 362 Medicare beneficiaries who had been moved from hospitals to skilled nursing homes for additional care between 2011 and 2012. The patients stayed at these care facilities for no more than 35 days. Out of the patients reviewed, one in five of them suffered adverse events while staying at these nursing homes. These events typically were related to the failure to provide proper care, including incidents involving patient medication, ongoing care, and infections.

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