San Antonio Personal Injury Lawyer - Defective & Dangerous Products

Toyota’s Largest Ever Recall of Vehicles

Beth Janicek — Mon, 30 Nov 2009 13:25:18 GMT

Toyota Motor Corp. claims the gas pedal design in more than 4 million Toyota and Lexus vehicles makes them vulnerable to being trapped open by floor mats. On Wednesday it announced a costly recall to fix the problem. Although Toyota has repeatedly pointed to “floor mat entrapment” as the problem over unintended acceleration events, more people are beginning to believe that the potential cause is the electronic throttle system that has replaced mechanical systems in recent years.

A Times review of thousands of federal traffic safety incident reports found that complaints of sudden acceleration in many Toyota and Lexus vehicles shot up almost immediately after the automaker adopted the drive-by-wire system over the last decade. The electronic system uses sensors, microprocessors and electric motors, instead of a steel cable used in mechanical systems to connect the driver’s foot to the engine. Reports of unintended acceleration increased more than fivefold for some Toyota models, after drive-by-wire systems were adopted.

Brian Lyons, Toyota spokesman, said the automaker could not explain the trend, but has consistently held that the electronic control systems are not to blame. Toyota released a statement this month saying,

“Six times in the past six years NHTSA has undertaken an exhaustive review of allegations of unintended acceleration on Toyota and Lexus vehicles. Six times the agency closed the investigation without finding any electronic engine control system malfunction to be the cause of unintended acceleration.”

In my opinion, Toyota’s recall is focusing on the wrong problems. In January they plan to cut nearly an inch off the lower edge of the gas pedal and adjust the width to reduce the risk that the floor mat will become caught on the gas pedal. They will also install a brake override system meant to ensure that the engine will lose power if the brake and the accelerator are applied simultaneously, which will become standard on all Toyota and Lexus models by the end of next year. I hope that these adjustments will be enough to reduce the amount of accidents occurring from sudden acceleration. However, since there have been reports of sudden acceleration in cars that have removed their floor mats, I do not understand how changing the gas pedal will make a difference. I think that Toyota needs to do extensive research on the electronic throttle system in order to find the underlying problem causing these acceleration events.

Originally posted at InjuryBoard by Beth Janicek

Power Windows: Risk for Children?

Beth Janicek — Mon, 09 Nov 2009 15:26:29 GMT

Since the introduction of power windows in the late 1950’s and early 1960’s, injuries and deaths have occurred due to safety hazards related to strangulation. The consumer group KidsandCars.org in Leawood, Kansas said in a press conference on November 2, 2009, that the National Highway Traffic Safety Administration (NHTSA) is greatly underestimating the number of people injured or killed by power windows. They want the federal agency to require automakers to equip all power windows with an auto-reverse feature that would automatically stop and open if it encountered an obstruction while closing. However, the NHTSA says that several new safety requirements involving power windows show it is doing a good job tackling what it describes as “a small, but persistent problem.”

Despite the discrepancy over specific numbers, the agency has recently required automakers to make power windows safer. Starting Oct. 1, 2008, all passenger vehicles required power switches that are recessed, and by Oct. 1, 2010, power windows may be closed only by pulling up on a switch. The Cameron Gulbransen Kids Transportation Safety Act of 2008 requires the agency to consider whether to require an auto-reverse feature on all power windows.

After looking at several alternatives the agency has concluded that auto-reverse is not needed on all power windows and that the earlier changes to the switches will eliminate “50 to 75 percent of all power window-related fatalities.” In its deliberations, that agency is focusing on two possibilities. First, require all one-touch windows to have auto-reverse, and second, require those one-touch windows to meet a tougher United States standard that would stop the window more quickly.

Originally posted at InjuryBoard by Beth Janicek

Honda Expands Driver’s Air Bag Recall

Beth Janicek — Mon, 12 Oct 2009 10:32:59 GMT

The safety recall of the driver’s air bag in certain Honda vehicles is being expanded to include certain 2001-2002 Honda Accords, 2001 Civics, and 2002-2003 Acura TL’s. The recall is due to a potential deficiency in the airbag’s inflation system. According to the American Honda Motor Co., 440,000 additional vehicles are included in the expanded recall.

The recall requires the replacement of the driver’s steering wheel mounted air bag inflator. The air bag inflator can produce over-pressurization of the driver’s front air bag during air bag deployment. If an affected inflator deploys, the increased internal pressure could cause the inflator casing to rupture. Honda released a statement saying that metal fragments could pass through the cloth air bag cushion material, and could possibly cause an injury or fatality to vehicle occupants.

Registered owners of vehicles that are included in the recall will receive a notice in the mail over the next couple of months, which will include further instructions on how to schedule a repair. Honda issued a Press Release stating that owners can confirm their vehicle’s recall status by visiting the Honda or Acura “Owner link” website.

Originally posted at InjuryBoard by Beth Janicek

Swimming Pools Still Non Compliant with Pool Drains

Beth Janicek — Fri, 10 Jul 2009 10:35:57 GMT

Back in January I blogged on this very subject wherein 80% of public swimming pools were in violation of a federal safety rule preventing people becoming trapped in pool drains. It is now July, the middle of the summer and swimming is in full force exposing adults and children to this deadly hazard of unsafe pool drains.

The Today Show did an investigation on public pools across the country. Amazingly, they uncovered that Marriott Hotels & Resorts were among one of the hotel chains that has not complied with this potentially deadly issue and has continued to keep their pools operational despite the Virginia Graeme Baker Pool and Spa Safety Act setting new standards for drain covers for public pools, spas, and hot tubs. Inez Moore, the chairman for the Consumer Product Safety Commission, has stated that this is unacceptable and she is prepared to tell the attorneys general and state agencies that all pools should be in compliance with this new law and that there is no grace period.

Marriott has stated:

In pursuing an aggressive compliance plan, we have faced many of the same challenges confronted by others throughout the hospitality industry, namely, delays in receiving necessary parts from suppliers, (as acknowledged by the Consumer Product Safety Commission), and confusion among local authorities regarding permitting procedures and unclear health department regulations. Despite these difficulties, most of our pools are in compliance with the act.

Quite contrary to what Marriott states, Myles McMorrow, who is an International Export Manager with poolcenter.com, and in the industry informed me that the drains are not that much money and his company has all the products necessary to comply with the Virginia Graeme Baker Pool and Spa Safety Act.

Hopefully the public’s awareness on this issue will help save the lives of other children so families don’t have to suffer what Abigail Taylor’s and Graeme Baker’s families have had to endure.

Originally posted at InjuryBoard by Beth Janicek

Nestle Withholds Information from FDA

Beth Janicek — Tue, 30 Jun 2009 12:38:58 GMT

Recently released inspection reports from a Nestle USA cookie dough factory show that the company repeatedly withheld information from Food and Drug Administration inspectors USAToday.com.

The inspection records were made public after Nestle’s Toll House refrigerated, prepackaged cookie dough was pinpointed as the likely source of an E. coli outbreak. There have been 69 people in 29 states have been sickened by the outbreak.

Nestle has voluntarily recalled all refrigerated cookie dough products produced at a Danville, Va. factory and warned consumers not to eat raw Toll House cookie dough.

According to the inspection reports, the FDA was refused access to certain documents in 2004, 2005, 2006, and 2007.

A February 2007 inspection found several health and safety violations at the Danville plant, including improper storage of equipment, leaks, and a hole in a steam line. When the FDA returned in December 2007 to follow up on the violations found in February of that year, the inspectors were denied the right to take photographs, and denied the right to review production records or complaint files.

In 2006 the FDA investigators were also not allowed to take photographs or review a complaint log, pest-control records, or information pertaining to an environmental testing program. The 2006 inspections found insects in the manufacturing area, dirty equipment being stored as clean, and more leaks.

This seems to be similar to the problem consumers were having recently with contaminated peanut butter and pot pies. Texas law allows a consumer to sue the manufacturer and/or seller of a product when the product is harmful. A few of the theories a consumer can pursue against a manufacturer or seller include suing for strict liability, breach of warranty, or deceptive trade practices.

Any person who suffers physical harm as the result of ingesting a food or beverage product that contains a foreign object or is otherwise contaminated may be able to recover money damages. The consumer does not have to prove that the defendants failed to take every precaution available, nor does the consumer have to prove that he had a contractual relationship with the defendants.

Originally posted at InjuryBoard by Beth Janicek

Hydroxycut Recall

Beth Janicek — Thu, 07 May 2009 12:36:38 GMT

One death has been linked to Hydroxycut and other cases have involved serious liver injuries, including jaundice and liver failure. Body builders and/or dieters have been warned – the FDA has issued a recall and have urged Americans to stop taking the dietary supplement.

The Hydroxycut products by Iovate Health Sciences Inc., of Oakville, Ontario and distributed by Iovate Health Sciences USA Inc. of Blasdell, N.Y., which have been recalled are as follows:

Hydroxycut Regular Rapid Release Caplets;
Hydroxycut Caffeine-Free Rapid Release Caplets;
Hydroxycut H ardcore Liquid Caplets;
Hydroxycut Max Liquid Caplets;Hydroxycut Regular Drink Packets;
Hydroxycut Caffeine-Free Drink Packets;
Hydroxycut H ardcore Drink Packets (Ignition Stix);
Hydroxycut Max Drink Packets;
Hydroxycut Liquid Shots;
Hydroxycut H ardcore RTDs (Ready-to-Drink);
Hydroxycut Max Aqua Shed;
Hydroxycut 24;
Hydroxycut Carb Control;
Hydroxycut Natural;

"While this is a small number of reports relative to the many millions of people who have used Hydroxycut products over the years, out of an abundance of caution and because consumer safety is our top priority, we are voluntarily recalling these Hydroxycut-branded products," the company said in a statement on its Web site. Consumers can get a refund by returning the pills to the store they purchased them from, the company said.

Regulation on dietary supplements is not as strict as it is for medications. Manufacturers of dietary supplements do not have to prove to the FDA their products are safe, although regulators are closely monitoring aftermarket reports for any signs of trouble. In 2004, ephedra, an ingredient found in dietary supplements, linked to heart attacks and strokes were also banned.

The health risks from dietary supplements can be life threatening. There are other supplements on the market that due not carry such dangerous risks. They are profitable to produce and often marketed to mislead the consumer. We are likely to see litigation result from the serious injuries caused by these dietary supplements.

Originally posted at InjuryBoard by Beth Janicek

Food Safety

Beth Janicek — Sat, 18 Apr 2009 12:42:26 GMT

As President, Barack Obama has a lot of challenging issues to deal with – I am sure he never thought peanut butter would be one of the issues.

"When I heard peanut products were being contaminated earlier this year, I immediately thought of my seven-year-old daughter Sasha, who has peanut butter sandwiches for lunch probably three times a week," he told the nation in one of his weekly addresses from the White House. "No parent should have to worry that their child is going to get sick from their lunch."

In the 1990’s the average number of disease outbreaks due to food contamination were 100. It has risen to 350 yearly. Due to these troubling numbers, Mr. Obama is setting up a working group on food safety comprised of cabinet secretaries and senior officials. He has also promised to address America’s “underfunded and understaffed” Food and Drug Administration.

By last month nine people had died as a result of tainted peanut butter made by Peanut Corporation of America, who has now filed for bankruptcy. Another peanut scare, resulting in a US pistachio recall a few weeks ago, was also due to salmonella being found.

Globalization of the food chain, due to food grown in one part of the world but processed and consumed in others, means a food scare in one country can be felt in other countries as well.

Sourcing ingredients from around the world also makes it "more complex" to manage the food supply chain, says Jean Spence, vice-president for research, development and quality at Kraft Foods. "There are lots of different standards around the world, which makes it challenging when you work with suppliers." Of Kraft's 168 manufacturing plants, 110 are located outside the US - in some 45 countries.”

Ultimately it is the consumer who needs to apply the pressure to the government and companies to improve safety standards, especially since it is the consumer who it effects the most. Without food safety improvements, these salmonella outbreaks will continue and we will see more deaths as a result.

Originally posted at InjuryBoard by Beth Janicek

25,000 Travel Tender Playpens Recalled

Beth Janicek — Thu, 09 Apr 2009 14:10:50 GMT

About 25,000 Travel Tender playpens made in China and imported by Simplicity Inc. and SFCA Inc. have been recalled because one or mare rails can unexpectedly collapse posing a possible hazard to children. At least five cases of the rails collapsing have been reported by the Consumer Product Safety Commission (CPSC). Thankfully no injuries have been reported. The CPSC says consumers should immediately stop using the playpens and return them for a refund or replacement.

Burlington Coat Factory, BabiesRUs.com, Target.com, and Kohl’s.com sold this product from March 2005 through January of this year.

I have also recently blogged on the ban on drop-side cribs. Cribs with drop sides can derail from their tracks due to faulty hardware, poor design or improper assembly. Malfunctioning drop-side cribs have been blamed in incidents where babies have been trapped or strangled when the cribs give way.

I believe that with the growing amount of childcare products being recalled, there needs to be more regulations on the production of childcare products. Also it is important that parents become more aware of the potential hazards associated with cribs, playpens, toys, etc. You can never be too safe when it comes to the care of your baby. I am just glad that this recall was made before an injury occurred.

Originally posted at InjuryBoard by Beth Janicek

Defibrillator Blamed in Deaths

Beth Janicek — Wed, 08 Apr 2009 10:32:00 GMT

Zoll Medical Corp. said recently that some of its defibrillators have defective batteries and software. The AED Plus external defibrillator, which is used in public settings such as airports, schools, and health clubs, failed to deliver a shock to two patients, leading to their deaths. The two deaths are among four reports received by Zoll in which a shock failed to be delivered to a patient.

According to Bloomberg.com, Zoll began asking customers on February 12 to download software which can be used to detect a potential defect in their defibrillator’s battery. More than 180,000 defibrillators may be affected, with the greatest risk attributable to 80,000 units that have been installed for more than 3 years. The defects include batteries that do not work and self testing software that fails to detect malfunctioning batteries.

The free software updates designed to check the AED plus defibrillator can be downloaded at this website.

Every year between 250,000 and 450,000 Americans experience a sudden heart stoppage or cardiac arrest. Cardiac arrest is caused by rhythm disturbance or silent coronary artery disease. 95 percent of people who suffer a cardiac arrest die, but defibrillators are designed to deliver a shock to the person and thereby restore normal heart rhythm. Having quick access to a working defibrillator can be the difference between life and death. Hopefully, Zoll is doing everything they can to inform the public of this issue so that no more lives are lost.

Originally posted at InjuryBoard by Beth Janicek

Kraft Sparks Pistachio Recall

Beth Janicek — Tue, 07 Apr 2009 13:30:18 GMT

Kraft Foods Inc. received notice that its trail mix products were tainted with salmonella in 2007. Recently, Kraft has been able to trace the source of that salmonella to Setton Pistachios of Terra Bella, Inc, a California company, leading to a nationwide recall of pistachios. The first batch of salmonella tainted fruit and nuts appeared in December 2007, and a second shipment was found to be contaminated in September of 2008. But only after extensive testing was it revealed that pistachios were indeed the source of the salmonella.

Setton’s sister company, a nut processor based in New York, has been shut down temporarily after more than 2 million pounds of pistachios have been recalled. Setton is the second largest pistachio producer in the country, and they sell their products to more than 35 different companies for use in everything from ice cream to cake mix, reports USA Today.

Although no injuries have been reported, salmonella can cause diarrhea, fever, and cramps, and is the most common of the food borne illness. Federal law does not require manufacturers to test their products for contamination. Hopefully, this time the recall has happened quickly enough that we will not see the serious injury and deaths like in the peanut butter recall or the pot pie recall.

Originally posted at InjuryBoard by Beth Janicek