Access To Justice

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

The U.S Food and Drug Administration (FDA) plans to study how medications taken in pregnancy affect mothers and their unborn children, according to a report from Reuters. The new study will be called the Medication Exposure in Pregnancy Risk Evaluation Program. Two-thirds of mothers-to-be have used at least one prescription drug during pregnancy, according to the FDA. There are few clinical trials that test the safety of medications in pregnancy due to concerns about the health of the mother and child.

A class-action lawsuit filed in Manhattan’s Federal District Court last week alleges that some New York debt collectors are using “fraudulent documents to surreptitiously win court judgments – all without the debtors’ knowledge,” writes The New York Times. The paper reports that use of the practice has been spurred by the recession and the rise in consumer debt actions.

Recent Recalls

General Motors announced a January recall of 22,000 Chevrolet Corvettes after finding problems with their removable roof system, writes The Burlington County Times. The recall applies to 2005-07 model year Corvettes and Corvette Z06 models. According to the article, GM told the National Highway Traffic Safety Administration (NHTSA) that the adhesive between the roof panel and the frame may separate, allowing the roof to come off while driving and posing an accident risk. GM will install a redesigned roof panel as a result. The automaker issued a similar recall in 2006.

Make personal safety one of your resolutions in the New Year. As always, Sokolove Law is here to help.

Here’s a little tidbit that I came across last week that made me laugh.  Chrysler has decided (presumably out of the goodness of their hearts) that they will actually accept liability for defective products that they manufactured.  This my friends is the kind of high standards of corporate citizenship that all companies should aspire too. (I’m hoping you’re picking up on my sarcasm).

The news last week, according to the Michigan NPR affiliate is that customers who have a Chrysler made before the bankruptcy, or buy a used car of that period, will be able to sue the manufacturer if they are in an accident caused by a vehicle defect.

As a spokesperson for Chrysler explained:

“The leadership of the company feels a lot more comfortable that the company’s long-term viability will be strong,” he says, “and we can accept these claims and absorb them over time without burdening the company and perhaps throwing it back into bankruptcy.”

Oh I see, so when somebody is hurt because your product is defective, the question is not whether that person should be compensated, but rather whether compensating that person might ‘burden the company’.   Thank you Mr. Chrysler spokesperson for clearing up that murky area of tort law.