Access To Justice

News developments that we’ll be keeping an eye on at Sokolove Law:

Recall Redux: More than 400,000 Odyssey Minivans and Element small trucks will be recalled by Honda due to brake problems. Honda’s recall advisory says the company received driver complaints of “brake pedals that feel “soft” or that gradually exhibit a pedal height that gets lower (closer to the floor) before the vehicle stops.”

The Associated Press reports that the voluntary recall will involve 344,000 Odysseys and 68,000 Elements from the 2007 and 2008 model years. The story says the problem involves a device in the electronic stability control system called a vehicle stability assist modulator that can develop an air bubble that may cause a loss of braking ability.

The National Highway Traffic Safety Administration said no deaths and just three crashes with minor injuries have been traced to the problem.

Older ER patients often receive one or more medications that may be inappropriate for adults who are over the age of 65. That’s the key finding of a study by the University of Michigan that looked at a sample of about 470,000 emergency room and outpatient clinic visits, corresponding to a national estimate of about 1.5 billion total visits. Potentially inappropriate medications were administered to nearly 19.5 million older patients, or 16.8 percent of eligible emergency visits from 2000-2006. The study recently appeared in Academic Emergency Medicine.

Pain relievers and antihistamines are among most common drugs used in emergency visits,  despite their risks in those over age 65. Ten medications accounted for 86.5 percent of potentially inappropriate medications prescribed in the nation’s emergency rooms. The five most common ones were promethazine, ketorolac, propoxyphene, meperidine, and diphenhydramine. Two of these – promethazine and ketorolac – accounted for nearly 40 percent.

The study suggests that older ER patients ask for a list of all drugs prescribed at the ER before going home or to a bed in the hospital. The list should include information on the possible side effects of those medicines.

At Sokolove Law, we’re here to help.

Thousand of anxious homeowners will be watching the proceedings in a New Orleans courtroom as a bellwether trial involving tainted Chinese drywall gets underway there.

The test case before U.S. District Judge Eldon E. Fallon is “part of a national consolidated litigation of more than 2,000 cases,” writes Tampa Bay Online.  As such, it likely could set a precedent for the handling of such claims, which is why homeowners with potentially defective drywall in their residences are awaiting its outcome.

Chinese drywall used in new home construction and renovations in the United States has been associated with the release of toxic sulfur compounds that can cause extensive damage to residential wiring, air conditioning and other electrical appliances, as well as potential health risks for homeowners. It is estimated that defective drywall may have been used in as many as 100,000 homes nationwide, particularly in Florida.

Tampa Bay Online also reports that last week Florida officials asked the Federal Emergency Management Agency (FEMA) to provide disaster relief to homeowners impacted by bad drywall. The agency said it would review the request.

Last month, Toyota recalled more than 400,000 2010 Prius and other hybrids for braking issues.

Now the question arises: Does the Prius also have an accelerator problem? Acceleration issues with a number of Toyota models led the automaker to recall millions of cars in January.

Recent news reports suggest that there may be acceleration issues with the Prius. USA Today writes that there have been two alleged sudden-acceleration incidents involving the vehicles: one in California, where the highway patrol had to assist the driver in stopping his 2008 Prius, and the other in New York, where a woman ’s 2005 Prius suddenly accelerated and smacked into a stone wall.  The alleged incidents occurred as the automaker insisted that its accelerator problems are mechanical and not electronic, according to 24/7 Wall St.

If you or someone you know has been injured by a Toyota recall model, please contact us.

News developments that we’ll be watching at Sokolove Law:

GlaxoSmithKline could face billions of dollars in potential liability from personal injury lawsuits stemming from its diabetes drug Avandia, according to a Reuters report.  The news service said that UBS cut its price target for Glaxo and estimated the company’s potential liability to range “below the midpoint of the $1-$6 billion range forecast by legal experts.” Around 13,000 lawsuits have been filed in connection with Avandia.

Last month a US Senate committee released a report saying that Glaxo knew of possible cardiac risks associated with Avandia for years before such evidence became public. Glaxo rejected the Senate report findings and said the drug is safe.

An advisory panel convened by the Food and Drug Administration (FDA) said on Friday that insulin pump problems were more likely the result of user error than device defects, according to Reuters. Insulin pumps are used by diabetics to regulate their blood sugar. A defective pump could lead to improper blood sugar levels, a potentially fatal problem. Earlier this week the FDA said there were problems with the pumps across the industry and called together a panel of outside experts to discuss ways to minimize the risk from defective pumps and to improve how pump makers report and investigate the problems.

Shoppers may want to consult with an FDA recall website before heading out to do the grocery shopping this weekend. That’s because thousands of products containing hydrolyzed vegetable protein (HVP) made by Basic Food Flavors Inc. may be contaminated by Salmonella, according to the federal agency. WebMD writes that so far there have been recalls of 56 processed foods ranging from dips to soup mixes and the list is expected to grow. No illnesses have so far been reported. Concerned consumers can go to an FDA web site to learn about recalled products. The site will be updated as new recalls are issued.

News developments that we’ll be watching at Sokolove Law:

Insulin Pumps Under Scrutiny: The Food and Drug Administration (FDA) said yesterday that insulin pump problems are on the rise and issues with the devices “exist across manufacturers,” according to a Reuters report.

The  FDA did not cite specific manufacturers. However, major pump makers include Medtronic, Roche Holding AG and Johnson & Johnson.  There have been 18 pump recalls in the last five years, according to the FDA.  A document issued by the agency found that there were nearly 17,000 reports of adverse events related to insulin pumps between 2006-2009, including 310 deaths. The reports do not prove a device caused a specific problem.

Insulin pumps are mostly used by individuals with Type I diabetes who require insulin daily to help control their blood sugar. A malfunctioning pump can lead to improper blood sugar levels, a potentially fatal problem.

Reuters reports the FDA will meet with an outside advisory panel on Friday to discuss ways to minimize the risk from malfunctioning pumps and to improve how pump makers report and investigate the problems.

Deadly drywall? Toxic Chinese drywall may be responsible for several deaths, according to a Scripps Howard News Service analysis of drywall complaints and follow-up inspections handled by the US Consumer Product Safety Commission (CPSC).  The news service writes that eight deaths allegedly linked to toxic wallboard were reported to federal consumer safety officials between June-December 2009. Most involved elderly and young people with longstanding medical problems. However, the CSPC told Scripps there is “no scientific proof of a link between drywall and the deaths.”

Fatal facelift: The Boston Globe reports that cosmetic surgery company Lifestyle Lift is facing a lawsuit alleging that a Massachusetts woman died from a  facelift procedure performed at one of its surgical centers. The suit was filed in Middlesex Superior Court by the deceased woman’s family.

At Sokolove Law, we’re here to protect your rights.

Potential power steering problems with some of its vehicles have led General Motors (GM) to announce today that it will recall 1.3 million cars in North America, including its popular Chevrolet Cobalt, reports The Wall Street Journal (subscription required).

The voluntary recall involves the 2005-2010 Chevrolet Cobalt; 2007-2010 Pontiac G5; 2005-2006 Pontiac Pursuit sold in Canada, and the 2005-2006 Pontiac G4 sold in Mexico, according to GM.

In January, the National Highway Traffic Safety Administration began an investigation into safety concerns with approximately 905,000 Chevy Cobalts after receiving more than 1,000 complaints of loss of power steering assist and reports of 14 crashes and one injury.

GM says the vehicles being recalled are still safe to drive. “After our in-depth investigation, we found that this is a condition that takes time to develop. It tends to occur in older models out of warranty,” said Jamie Hresko, GM Vice President of Quality, in a statement. “While greater steering effort under 15 mph may be required, if the customer experiences loss of power steering assist, it is important to note that the vehicle can still be safely controlled because the customer can still steer the vehicle.”

GM said both a chime will sound and a ‘Power Steering’ message will be displayed when the issue occurs.

GM’s recall comes as automakers face heightened scrutiny in the wake of the Toyota recall of more than 8 million vehicles worldwide for safety defects in accelerator and brake systems.

As someone who’s been involved in numerous lawsuits related to product liability, I can tell you I have seen it all.  But the Toyota recall is about as close to a perfect storm as it gets.  Case in point: Congress is now holding hearings on the matter.

In true lawyerly fashion, let’s review the facts:

•    Start with a company that has built its brand on quality.

•    Add in the largest recall in the company’s history and one of the ten largest of all time, totaling more than 8 million vehicles, 6 million in the U.S.

•    The recalls relate to everything from faulty gas pedals to brakes, all absolutely critical to safety.

•    According to the National Highway Transportation Safety Administration (NHTSA), 34 deaths allegedly were caused by gas pedal problems.

•    Toyota has allegedly been aware of the potential for problems with accelerators as early as 1999, and the NHTSA had been investigating the issue dating back to that period.

So, if I may paraphrase, it sure seems as if Toyota had some serious problems with its product that could potentially be dangerous, and the company chose to be in denial about it.

Now, once the company issued a recall, how it handled the matter was also a case study in what not to do.

•    To begin with there is evidence that Toyota was basically forced into the January 21 recall by the NHTSA.

•    Toyota CEO Akio Toyoda waited almost two weeks to comment on the recall before apologizing and calling the situation a “crisis”.

• Then, U.S. Secretary of Transportation Ray LaHood tells Toyota drivers not to drive their cars, only to later say he “misspoke”.

•    Toyoda says he won’t testify before a Congressional Committee; in the face of a threatened subpoena, he agrees to testify this week.

This brings us to the consequences of all of this mismanagement and lack of candor and transparency.

•    An estimated 44 class-action lawsuits have been filed under state and federal law by the end of last week.

•    Claims could reach $3.6 billion, based on an average loss of $600 per vehicle.

•    There are dozens of other individual lawsuits alleging that Toyota knew of the risk and did not act swiftly enough to correct the problem. Experts say these cases could cost Toyota billions in settlements.

•    At least one wrongful death lawsuit has been filed for $100 million related to the death of a Texas couple.

Toyota had serious problems with some of its product.  Instead of acknowledging the problems early on and taking the appropriate steps, the company chose a strategy that combined benign neglect with the finger-crossed hope that it could sweep things under the rug.  It is a strategy that too many businesses employ when product defects are in question.

The result: numerous lawsuits that will likely cost the company billions of dollars and damage its brand well into the future.

More importantly, what Toyota did was wrong.  It put people at risk to save a buck.  The company valued its reputation and revenue over the safety of customers.

If you’re one of those customers, you can find more information about the recall at Toyota’s website.

The maker of Poligrip today announced it will stop using zinc in three of its popular denture creams due to potential health risks associated with the ingredient, reports The New York Times.  GlaxoSmithKline will stop making and selling its Super Poligrip Original, Ultra Fresh and Extra Care products while it develops a zinc-free reformulation, according to the story.

In a statement, Glaxo calls the move voluntary and says the products are safe to use as directed. However, the company says it is taking the action “because we have become aware of potential health problems associated with the long-term excessive use of our zinc-containing denture adhesive products.”

Chronic and excessive use of denture adhesive creams have been linked by researchers to a condition called hyperzincuria, or zinc poisoning, which can lead to more serious and permanently disabling injuries including copper depletion (hypocupremia), nerve damage and even death.

The Times writes that Glaxo faces a number of lawsuits alleging nerve damage and other injuries from “high levels of zinc intake from the products.”

Another day, another automotive recall.

Earlier this week, Toyota recalled more than 400,000 2010 Prius hybrids for braking issues.

Now, the Associated Press reports that Honda Motor Co. has expanded a 2008 safety recall it issued for air bag inflation problems with its 2001 Accord and Civic models. Honda says it is recalling another 378,000 cars because the driver’s side air bag inflator may deploy with too much pressure, which can the inflator to rupture and hurt or kill the driver.

The company says it has received reports of 12 such incidents in the US, including 11 injuries and one death. No incidents have been reported since July 2009, when the company initially expanded its original recall to 440,000 cars. Honda says its most recent expanded recall includes certain 2001 and 2002 Accord, Civic, Odyssey, CR-V and some 2002 Acura TL vehicles.

The Consumer Product Safety Commission (CSPC) recalled more than half a million drop-side cribs by Generation 2 Worldwide and ChildESIGNS after receiving reports of three infant deaths.

The CPSC says that plastic hardware on the Generation 2 Worldwide and ChildESIGNS cribs can break and cause the drop side to detach from a corner of the crib. The crib’s mattress support can also detach from the crib frame. Both defects can create a space in which an infant or toddler could become trapped and suffocate or strangle.

Since 2002, three children have died of suffocation after getting stuck between their mattress and the drop side of their cribs, according to the CPSC. An eight-month-old child from Ohio suffocated in 2007 when his crib’s drop side detached due to a broken plastic stop tab on the lower track. In 2003, an eight-month-old from Indiana died when broken plastic hardware allowed the drop side to detach from the crib headboard in one corner. A Virginia six-month-old suffocated in 2002 after missing screws allowed his crib’s lower drop side track to detach from the headboard post.

There have also been 20 other reports of incidents involving detached drop sides and eight reports of incidents involving mattress supports that came loose, according to the CPSC.

The recalled cribs were sold at various furniture and retail stores including Buy Buy Baby, Kmart and Wal-mart. Although Generation 2 went out of business in 2005, the CPSC believes that more than 500,000 of these cribs were sold nationwide. Parents and caregivers are urged not to fix the cribs and to seek an alternative, safe sleeping arrangement for their child.

For consumers, the current crib recall is the latest in a string of similar announcements that include Dorel Asia and Storkcraft.

Contact us if you or someone you know has been injured by this product.