Accident and Injury Lawyer Blog

Nissan has issued a recall of 2.14 million vehicles due to possible engine failure caused by a faulty ignition-system part ("the relay") in Nissan cars and trucks manufactured between 2003 and 2006. This Nissan recall includes over 700,000 vehicles in the U.S. and Canada. The recall cuts across Nissan's line of car and trucks, including the Micra, Cube and Note, Tiida sedan, Titan pickup, the Infiniti QX56, and a bunch of other Nissans that I have never heard of before.

This is big news because it impacts so many vehicles, hopefully generating a lot of new readers to this blog (hi, how are you? stay a while and visit our website). But, practically, this is going to be a quick fix. Nissan will be able to fix this problem in less than 30 minutes per vehicle and will use the visit to push a few other services. "Hey, did you know you really need to get your oil changed which we can do for almost less than double the Jiffy Lube around the corner?"

That said, this Nissan recall is reported to be the third largest recall in automotive history.

Is it me or are there more chocking risk related recalls then ever before? The manufacturer of Falls Creek infant shoes has issued a recall of about 2,300 infant shoes due to a potential choking hazard. Apparently, the shoe laces may detach from the shoes, causing a chocking hazzard.

Granted, there are lots of thinks that infants and small children can choke on. Keep an eye out balloons, gum balls, coins, marbles, hot dogs and other chocking risk type foods, batteries, marker caps, and anything else that you can imagine your child chocking on if swallowed or lodged in his/her mouth.

Our lawyers continue to get receive leads for DePuy hip lawsuits. Now that there has been a DePuy hip replacement recall, lawyers are coming out of the woodwork advertising for these cases. We began looking at DePuy cases back in March, long before the DePuy recall was announced.

If you have a questions about a potential DePuy ASR hip lawsuit, call 800-553-8082 or go online for a free on line DePuy case evaulation and consultation.

GE has issued a recall of 174,000 GE Dishwashers due to reports of fire hazard associated with these dishwashers. Apparently, water condensation has been leaking onto the electronic control board. The water damage to the dishwasher can potentially cause a short circuit and result in an overheated connector.

Five GE dishwashers have reportedly caught fire, although it sounds like there was no major consequence beyond minor damage. Who knows how long GE has had concerns about this dishwasher but it actually sounds like GE is doing the right thing getting out in front of the problem before anyone really gets hurt. GE is asking owners of these dishwashers subject to this recall to contact GE for a free in-home repair kit or, alternatively, GE will give a GE rebate for $200 for the purchase of a new GE Profile dishwasher, or a $400 rebate to aid in purchasing a new GE Monogram dishwasher.

The GE dishwashers included in the recall include the GE Profile Dishwashers manufactured between July 2003 and December 2006.

To see if your dishwasher is in the recall, check the CPSC website to find the recalled model and serial numbers involved.

Jury Verdict Research published a recent study indicating that the average verdict in personal injury lawsuit in Ohio is 303,955. The median personal injury verdict in Ohio is only $13,000. Approximate three percent of Ohio personal injury verdicts exceed $1,000,000.

• What is the value of my case?
• Sample demand letter to insurance company
• Ohio's Medical Malpractice Cap

There is a recall of Claire-Sprayway fabric protector spray cans due to risk of potential respiratory injuries, triggering wheezing, coughing and shortness of breath. It sounds like mostly relatively minor reactions but one person was diagnosed with serious respiratory injury following exposure to this fabric spray. So if you have this fabric spray, quit using it.

The recall is for Fabric Protector spray cans were distributed from January 2005 through August 2010 for about $10. This is the list of sprays included in the recall:

• Sprayway® No. 980 Industrial Fabric Protector
• 3D Fabric Protector
• Auto Brite Fabric Protector Guardatela
• Auto Magic® Fabric Protector No. 91-S
• Crystal Aire Products #680 Fabric Protector
• Falcon Labs® Spotless Fabric Protector
• Quiltprotect™ Spray
• Robbie’s™ Fabric Shield
• Showcar Fabric Protector
• Simoniz® System 5 Stain Sentry Fabric Protector

There is a recall of 34,000 Heritage Collection 3-in-1 drop-side cribs due to risks of entrapment and injury. The drop-side cribs subject to this recall were imported from Vietnam and sold at Kmart stores from February 2007 through October 2008 with Kmart model numbers 07-1248 and 07-1252.

Heritage has 17 reports of the drop-side detaching from the cribs. Three children were hurt after getting entrapped. I don't know the extent of the injuries but there is notorious underreporting of these incidents. (Have you ever reported a defect to a company? Chances are, you haven't.)

You can register on-line here if you have a crib subject to the recall. Consumers should stop using the recalled cribs and contact Victory Land Group to receive a free repair kit. If your child is not injured, you really should not bring a lawsuit of any kind for any reason. But it is annoying to me that what consumers get is a free repair kit. This seems ridiculous to me somehow. What should they get? I don't know. How about sending me a new crib that is already properly assembled and does not put my child at risk? Is this too much to ask? Really, I don't know. Something about this goes against the grain with me, probably just because of the stakes with infants. If it was the same risk for adults, I probably would not be as worked up.

The Acura RL and Honda Odyssey are the subjects of a voluntary recall by Honda Motors of 471,820 vehicles due to a problem with a defective seal in the brake master cylinder. The recall is for those vehicles made between 2005 and 2007.

Honda might take exception to the word "defective" by arguing that the problem with the seal is that if brake fluid installed at the factory is replaced with aftermarket fluids with reduced lubrication properties, the seal can fail. But, c'mon, you ought to be able to put any brake fluid you want in your car that passes general standards unless warned not to do so.

What is the risk? Failure could cause a small leak which could result in a brake fluid warning lamp turning on. Failure to repair a leaking seal may lead to a soft brake pedal and possibly the loss of one of the two hydraulic braking circuits.

It is worth noting that Honda has now done its part by bringing this problem to everyone's attention and making accommodations to fix the problem. Your job is to go through the hassle of getting it fixed. Too many people ignore these recalls - at their own peril.

There is a recall for Hyland's Teething Tablets, a homeopathic treatment for teething babies. The recall follows serious adverse events such as trouble breathing, seizures, and muscle weakness. These symptoms are consistent with belladonna toxicity, which is also disturbingly called "deadly nightshade." Other potential symptoms: drowsiness, agitation, elevated heart rate, increased body temperature, dry skin and dry mouth, skin flushing, decreased urination, disorientation, constipation, hallucinations, and dilated pupils.

There appears, according to the FDA, to be inconsistent amounts of belladonna in the products. One additional potential problem: the containers do not have child resistant caps.

Hyland's Teething Tablets have not been looked at by the FDA for safety or efficacy and the FDA is unaware of any studies that show the product actually works although I'm sure there are some reliable wives' tales.

Take home message: don't reach beyond what your doctor (or science) prescribes, especially for vulnerable infants. Multiply that advice by 1000 if the product you are getting for your child has not been evaluated for safety and efficacy by the FDA.

Dollar Tree announced a recall of about 275,000 children's projector flashlights after three potential overheating reports in the Wolverine, Spider-Man and Iron Man 2 projector flashlights.

Tylenol recall. This feels like an old blog post. But here we are again. Tylenol 8 hour caplets with lot No. BCM155 (bar code No. 3 0045-0297-51 8) are being recalled again for odor problems. It appears that the packaging components were compromised.

It is amazing that Tylenol is going through another recall. J&J's public relations team is overworked and underpaid to be sure. But, look, while one can argue that this relates to overall competence, there does not appear to be any real health risk with the recalled Tylenol. It smells awful. That's not good and it is not what we expect which is why I'm blogging about it. But we have bigger problems. Let's move on.

There is a recall of approximately 2 million Graco baby strollers sold before 2008. This recall comes after four infants died of strangulation after becoming trapped in the leg opening under the tray. There are also reports with of five infants receiving cuts and bruises and one infant having difficulty breathing. This recall comes on the heels of another stroller recall due to strangulation risk just a few weeks ago.

The Graco recall is of Quattro Tour and MetroLite strollers sold primarily at Walmart, Sears, Target, AAFES, Babies R Us, Burlington Coat Factory, Fred Meyer, Kmart, Meijers, and Navy Exchange, between November 2000 and December 2007.

I would think by 2010 we could have nailed down the design of these strollers to minimize strangulation risk. Every product comes with risks, I get that. But there is - typically at least - a stroller recall for a reason: the manufacturer or the U.S. Consumer Product Safety Commission thinks that the stroller creates risk beyond what a stroller should.

The C.R. Bard Avaulta vaginal mesh implanted to treat pelvic organ prolapse may put women at risk for internal injuries and urinary problems. Bard Avaulta mesh lawsuits allege that the defective design of the device may increase the risk of infection, erosion and other painful complications. Plaintiffs seek damages from C. R. Bard, Inc., which makes and sells Avaulta Plus and Avaulta Solo synthetic surgical mesh tissue supports.

Women suffer from pelvic organ prolapse often after childbirth or surgery. Pelvic organ prolapse affects a woman when organs near the pelvis drop from their normal position and put pressure on the vagina. Mesh products have been designed to address problems that stem from prolapse, which include difficulties with bowel and bladder functions or during sex.

The Bard Avaulta vaginal mesh lawsuits allege that the vaginal slings were negligently designed, causing pain and other complications. The problem for many vaginal mesh users has been an erosion of the mesh into the vaginal wall causing tearing, cutting, and sometimes permanent erosion of the vaginal tissues.

If you think you may have a potential Bard Avaulta vaginal mesh lawsuit, call 800-553-8082 or get a free online defective vaginal sling case evaluation.

General Motors has issued a recall of 303,105 Chevy Impalas - model years 2009 and 2010 - because of improper anchoring of the front seat belts which put occupants at risk in a car accident. The cars were all manufactured in Ontario, Canada.

GM sent a letter to the U.S. National Highway Traffic Safety Administration stating that car accident injuries may be compounded as a result of front-seat belt webbing not being secured properly to a lap belt anchor pretensioner.

GM is getting recall letters out for the Chevrolet Impalas and will fix the seat belts at no charge.

There is a recall of approximately 455,000 Ryobi model HP 1802M cordless power drills because of a switch that can overhead, causing risks of fire and/or burns. There have been 47 reports of overheated in these Chinese made power drills. The drills, including 12 reports of property damage and two reports of minor burns. The drills were sold by Home Depot from January 2001 to July 2003.

The U.S. Consumer Product Safety Commission announced a recall of about 11,400 Alexander Designs Ltd. brand drop-side cribs, distributed by J.C. Penney.

The drop-side rail hardware on the cribs can break, causing the drop side to detach from the crib. (Any parent recognizes this problem.) When the drop side detaches, a gap is created between the drop-side rail and the crib mattress. Children can get trappped which potentially can cause suffocation or strangulation. Obviously, the collateral problem is that children can fall out of the crib when the drop-side rail fails. There is not a lot of margin for error for those of us who struggle to put these things together. Drop-side rail failures also can occur due to incorrect assembly and wear and tear.

Get more information from the company on the recall here.

Jury Verdict Research conducted a study of Alabama jury trials and found that the average personal injury verdict was $309,062. As always, the high verdicts stretch the average, including a $12,000,000 verdict. The median compensatory award for personal injury trials in Alabama is $25,771. Plaintiff's win - winning defined as recovering some money damages - 47 percent of cases that go to trial in Alabama. Putting those numbers in context, the national median is $40,000 and the nationwide plaintiff recovery probability is 48 percent. The study is based on award data from 2003 through 2009.

• What is the value of my case?
• Alabama malpractice verdicts (average malpractice awards)
• Sample demand letter to insurance company

Mercedes-Benz announced a recall on 85,000 of thei cars. The problem? Steering issues om the 2010 C-Class and the 2011 E-Class models, because the high pressure power steering line may have a connection fitting which is not tight enough. This is causing power steering fluid to leak out.

Abbott will withdraw the diet drug Meridia pursuant to the FDA's request because of "clinical trial data indicating an increased risk of heart attack and stroke."

The crazy thing with Meridia is that it has been on the market for 13 years. Meridia also was not selling very well, which helped grease the wheels for this withdraw. Meridia might have helped some people lose some weight. But at some point, unlike Lipitor which was the subject of the last post, the benefits of the drug were outweighed by the risk of heart attack and/or stroke. According to at least one study, people taking Meridia had a 28 percent higher risk for non-fatal heart attack and a 36 percent raised risk for non-fatal stroke, compared with those taking a placebo,

There is great demand for a good diet drug. If anyone can make one that really works that has limited side effects, someone is going to make a fortune. But it is not going to be Abbott with Meridia.

A recall has been issued by Pfizer for 191,000 bottles of Lipitor after reports of a musty odor. The cause is incredibly not as uncommon as you would think: pesticide-treated pallets. There are no expected adverse health problems from this unwanted smell.

We have seen the "pesticide in the pallet" problem before. Johnson & Johnson had a recall of Tylenol, Motrin, and Benadryl. But, notwithstanding the public relations disaster, there were no adverse health consequences to that recall either.

Lipitor is the world's largest-selling prescription drug, with annual sales over $11 billion. Pfizer has faced lawsuits involving the health consequences of Lipitor. Plaintiffs claimed that Pfizer failed to warn that the risks associated with Lipitor could be potentially more harmful than the cholesterol level being treated. Specifically, Plaintiffs alleged that Lipitor was not accompanied by appropriate warnings of the increased risk of side effects that occurred when ingestion of Lipitor caused the lowering of essential enzyme levels in the body. But these lawsuits never really went anywhere. I'm no medical expert, of course, but I think this is because for the vast majority of people on Lipitor, the benefits of lowering their cholesterol outweigh the risks of the drug.

This is a blow to Pfizer's best-selling drug but it is hardly a fatal one. In fact, there will probably be no long term impact on Lipitor or its market share.

Valco Baby has issued a recall of almost 12,000 jogging strollers because of a strangulation hazard. No injuries have been reported but Valco Baby somehow became aware that the opening between the grab bar and seat bottom leaves room for a child to slide through and get stuck at the neck, creating a risk of choking or strangulation.

The Valco Baby strollers subject to this recall were sold between November of 2007 and March of this year at juvenile product stores and websites, most notably, at Amazon.com.

The risk is caused by the grab bar on the stroller. Valco Baby advises removing the grab bar and contacting the company for a replacement at 800-610-7850.

Table Tops Unlimited has issued a recall for approximately 1,500 Castalon frying pans over the potential risk for burns. They were sold at Bed, Bath & Beyond and Wegmans. The pans have been recalled because enamel coating on the pan can crack and break off after a few uses, creating a potential burn hazard.

These Castalon frying pans had the following model numbers on the color sleeve packaging of the product: TTU9203, P9204, P9207, P9208, P9242, P9243, P9244, P9248, P9250, P9261, P9266, P9274, P9275 and P9276.

Tabletops Unlimited is following the usual drill: advising the customers to stop using the product and allowing them to return the product for a refund.

There is a recall of 124,000 Trisonic compact fluorescent light bulbs. The concern? No surprise: these light bulbs may create a fire hazard. There are four reports of bulbs overheating. Two of the incidents resulted in minor fires. I'm sure the reports pale in comparison to the number of problems with these light bulbs (how many people report small fires?) but it also does not appear to be a widespread problem either.

These are Chinese imports. Chinese products are often subject to recalls but, let's be realistic, we are getting an obscene number of products from China which means a lot of recalls are going to come from products produced in China.

The recall involves 15-, 20-, 22- and 25-watt compact light bulbs. The model numbers involved in the recall include TS-EN 15W/SP, TS-EN 20W/SP, TS-CFL 22WB and TS-EN 25W/SP. You can find the model numbers on these fluorescent lights on the base of the bulbs.

Consumers should stop using the light bulbs and contact Eastern America Trio Products for a full refund. Call 800-661-7146.

Rear end car accidents do not typically result in serious accidents. Absolutely, there are fatal rear end accidents but, most rear-end accidents do not result in personal injury claims, even at relatively high speeds. There are approximately 27 rear-end accidents a year per 100 miles traveled in Maryland

Rear-end truck accidents are a different animal altogether. It is all about size. Not only because 30,000 pounds is a lot more than 4,000 pounds but because the size effects the speed of the vehicle at impact. It is just hard to slow these big rig trucks down. If you are driving at 60 miles an hour, you should be able to stop an average car in 140 feet. A big rig truck does not stop at the same speed until 400 feet.

On top of all of that, rear-end truck accidents occur more often on divided roads than other truck accidents. Why? Because while cars can usually quickly find safe haven on the shoulder of the road, big rig truck drivers have a hard time finding safety, particularly on divided roads.

• Overview of truck accident cases
• Overview of car accident claims
• Rear-end collision data (including average verdicts in rear end accident cases)
• Rear End Accident Jury Instruction

The United States Attorney's Office Western District of Pennsylvania is pursuing their first HIPAA violation prosecution. This was not some inadvertent disclosure. According to the indictment, the defendant provided names, birth dates and Social Security numbers of patients for personal gain. The scam? Filing false tax returns. The accused was also charged with violating the Social Security Act by disclosing Social Security numbers in violation of federal law.

Hostess has issued a recall of boxes of their Chocolate Chip Mini Muffins. The recall stems from the concern that the muffins may contain walnuts, which are an allergen. The Orlando Sentinel report on this recall underscores that people who have an allergy or severe sensitivity to walnuts "run the risk of serious illness or life-threatening allergic reaction if they consume these products."

No one knows exactly how many of these Hostess Chocolate Chip Mini Muffins will be impacted by the recall but, thankfully, Hostess is indicating that only one day's production contained the walnuts. We will see how it plays out but Hostess sounds like it is being aggressive and on the front end of the problem and protecting consumers with a nut allergy. The story that remains untold: how did walnuts get in these Hostess muffins in the first place?

A Virginia judge has rejected a defendant doctor's motion for a new trial after a $1.95 million medical malpractice verdict for the plaintiff who died following plastic surgery.

This is another of a long list of beyond tragic medical malpractice cases. The woman was a 36 year-old mother of four who was sent home after receiving a breast lift and augmentation, liposuction and a tummy tuck in spite of the fact that she was having trouble breathing.

The Associated Press has an article on medical malpractice cases in Florida that says it all with the title: "Another good year for medical malpractice insurers." The Florida Office of Insurance Regulation reports that malpractice insurance companies have enjoyed profitability for six consecutive years in Florida and that the average return on surplus for them in 2009 was 6.6 percent.

When these glorious profits are reduced, when these insurance companies fall into the inevitable ebb and flow of profit years and leaner years, we will instantly have ourselves another full blown medical malpractice crisis.

The movie, Waiting for Superman, provides the following factoid:

About one of 57 medical doctors and one of 97 lawyers loses his or her license annually for malpractice. In contrast, only one in 2,500 unionized, public school teachers with tenure gets fired each year.

Okay, I can't find original source and the quote, on its face, is wrong. Doctors and lawyers are losing their licences for bad and inappropriate behavior. There are not a lot of good guy doctors and lawyers losing their licences for not being good at their jobs, i.e. malpractice. Maybe there should be. But there is not.

I have always thought that the medical profession does a poor job of regulating itself. But this data does suggest otherwise (assuming it is correct and all other things being close to equal).

The Maryland Injury Lawyer Blog has a post on the new study suggesting that $55.6 billion a year is spent on medical malpractice related spending.

Honda and Isuzu have issued a recall of 110,000 1998-2002 Isuzu Rodeos and Honda Passports in "cold weather" states. Also included in the recall is the 2002 Isuzu Axiom, a vehicle I have never heard of, actually. The recall follows a government investigation into excessive corrosion affecting the rear suspension lower link brackets. This action underscores the National Highway Traffic Safety Administration's willingness under President Obama to step up oversight.

A Delaware County jury awarded $5 million to a woman in a cancer misdiagnosis lawsuit. Tragically, the Plaintiff's face was disfigured after multiple surgeries for cancer. The crux of her malpractice claim was that her dermatologist should have properly diagnosed the possibility of cancer at an earlier stage. There was apparently a year long delay between when the cancer should have been diagnosed and when it was diagnosed by another doctor.

The jury came back 10-2 which is odd for any malpractice lawyer who is used to the unanimous verdicts.

Tesla Motors has launched a recall for the Roadster 2.0 and 2.5 models. The recall involves 12V low voltage auxiliary cable from a back up system that powers multiple systems on the Roadster.