Access To Justice

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.

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.”

Toyota’s woes continue to mount.

Federal regulators are expected to announce a preliminary investigation today into reports of possible steering problems with the automaker’s popular Corolla model, according to an Associated Press report. The AP writes that the investigation could involve around 500,000 vehicles. Toyota says it is looking into fewer than 100 complaints about the car’s power steering. The company so far has not issued a Corolla recall.

The government probe comes just before a congressional hearing next week into the recent recalls by Toyota, says AP. The company has recalled more than 8 million cars since last November for sticky accelerators, problems with gas pedals and floor mats, and braking issues.

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.

The US Consumer Product Safety Commission (CPSC) and Health Canada have issued a voluntary recall of certain CYBEX strollers. Children who place their fingers on the hinge mechanism when consumers are unfolding or opening the stroller are at risk of potential fingertip amputation and laceration. CYBEX Strollers has received one report of a child whose finger was fractured after placing his finger in the stroller’s hinge.

The recall involves about 1,100 strollers in the US and 90 in Canada.

CYBEX is the third stroller maker to issue a recall related to child fingertip amputations in recent months. Graco last week recalled about 1.5 million strollers; Maclaren recalled about 1 million vehicles last November.

The word  “CYBEX” is printed on the side of the strollers. The affected models include:

•    Ruby

•    Onyx

•    Topaz

If your child has been injured by this product,  please contact us.

It is undoubtedly one of the miracles of modern medical technology.  Magnetic resonance imaging (MRI) and magnetic resonance angiography (MRA) are minimally invasive medical tests that help physicians diagnose and treat medical conditions.

But about four years ago some concern began to arise about the use of so-called contrast agents that are injected into the body to assist in the development of MRI and MRA images. Now, the FDA is increasingly concerned that certain contrast agents may pose a risk of a fatal skin disease.

In fact, the FDA recently announced that it is convening a team of outside experts in December to review a link between certain gadolinium-based contrast agents and a rare skin disease known as Nephrogenic Systemic Fibrosis or Nephrogenic Fibrosing Dermopathy (NSF/NSD).

NSF/NSD is a rare and serious syndrome that involves fibrosis of skin, joints, eyes, and internal organs.  NSF is characterized by areas of tight and rigid skin that make it difficult to bend joints. It may also result in fibrosis or scarring of body organs resulting in the inability of body organs to work properly and can lead to death.

Other signs of NSF/NSD also include:

•    Burning
•    Itching
•    Swelling
•    Hardening and tightening of the skin
•    Red or dark patches on the skin
•    Yellow spots on the whites of the eyes
•    Stiffness in joints and trouble moving or straightening the arms, hands, legs, or feet
•    Pain deep in the hip bones or ribs
•    Muscle weakness

The FDA has previously issued a variety of health warnings about these contrast agents, particularly for patients with severe kidney problems, but last week it issued the latest results of a review that found that gadolinium-based contrast agents may increase the risk of NSF/NSD.

Specifically, a staff review found the highest risk of the skin disease was associated with GE Healthcare’s Omniscan, Bayer AG’s Magnevist, and Covidien’s Optimark.

In 2006 and 2007, the FDA issued a series of communications pertaining to the risks for NSF/NSD in association with gadolinium-based contrast agents. In 2007, following FDA requests, manufacturers of the agents revised their labels to include a boxed warning and other information intended to lessen the risk for NSF/NSD.  Part of the reason for the outside review is to determine whether that labeling is still sufficient in light of recent findings.

In November, Covidien told the FDA it would voluntarily relabel Optimark to contraindicate its use in MRI procedures with patients with severe renal impairment.

There are currently five gadolinium-based contrast agents are approved by the FDA for use during an MRI. The trade names for these products are:

Omniscan
OptiMARK
Magnevist
ProHance
MultiHance

If you or someone you know has experienced side effects related to one of these drugs, you may have legal rights. Please visit our website to find out more.

The Consumer Product Safety Commission (CPSC) has announced a recall of 664,000 Perfect Flame SLG Series Gas Grills, sold at Lowe’s across the United States from September 2005 through May 2009 for between $200 and $550.  The hazard is that burners may deteriorate t allowing the lids to catch fire, causing burns and other injuries to the user.

There have been 40 reports of fire from the burners deteriorating, 23 reports of lids catching fire, one report of eye injury requiring surgery, and 21 reports of minor burns to grillers’ hands, arms, or faces.

The recall involves all grills in the SLG series, which are heated with either propane or natural gas. The affected models include:

• SLG2006B
• SLG2006BN
• SLG2006C
• SLG2006CN
• SLG2007A
• SLG2007B
• SLG2007BN
• SLG2007D
• SLG2007DN
• SLG2008A

The model number can be found in compartment under the cooking chamber.

These grills were manufactured in China by Lucas Innovation, Inc., and imported by LG Sourcing of North Carolina.

You may contact us if you or someone you know has been harmed by this product

There are several updates to the ongoing story of tainted Chinese drywall.  As we’ve talked about before hundreds of lawsuits have been filed against Chinese manufacturers of drywall that is allegedly tainted with high levels of sulfur. The product is alleged to cause problems with air conditioning systems, appliances and internal wiring.  High sulfur levels are also being blamed for foul odors, and for respiratory and other health problems.

Last week brought news that the plaintiffs in the case against Taishan, one of the manufacturers of Chinese drywall are seeking a national class action to consolidate claims.  They filed their motion in U.S. District Court last week.

Also last week, another manufacturer, Knauf Plasterboard (Tianjin) Co,. Ltd. said that they will accept service of process on an omnibus class action complaint.

While that sounds like a legal technicality, it’s really quite important.  Here’s a bit of background.  In any lawsuit, the complaining party has to “serve” the defendant, essentially putting them on notice that the suit has been filed.  It’s pretty straightforward.  Unless the party you’re trying to sue is a foreign company.  Then it can be quite difficult.  Instead of serving under U.S. laws, the service must be conducted under international law governed by the Hague Convention.  That can be difficult and costly for individual victims of injury.

So it is significant that this manufacturer is now saying they’ll agree to be served. Until Monday, KPT had required that service of process of any lawsuit be made pursuant to the Hague Convention. The change sets the stage for a consolidation of the claims against KPT.

Imports of Chinese-made drywall surged in the mid 2000’s as a result of a housing boom and a major uptick in home construction following hurricanes Katrina and Rita.

According to the Consumer Product Safety Commission (CPSC), most of the complaints about defective drywall have come from Florida which received sixty percent of the imported Chinese drywall since 2006. But consumers from Louisiana, Virginia, Wisconsin, Ohio, Alabama, Mississippi, California, Washington, Wyoming, Arizona, Tennessee and Washington D.C. have also filed complaints with CPSC. Drywall problems have also been reported in several other states, including Maryland, Georgia, North and South Carolina, Texas, New Jersey, Colorado, Nevada, and New Mexico. It is estimated that defective drywall may have been used in 60,000-100,000 homes nationwide.

If you think your home may have tainted Chinese drywall in it, you may have legal rights. Click here for more information.