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Punitive Damages Remain the Most Effective Deterrent to Corporate Malice

Patrick DeBlase — Thu, 02 Nov 2006 16:51:48 GMT

There's a lot of talk going on right now about the subject of punitive damages following an Oregon jury's verdict and the U.S. Supreme Court's pending review of a $79 million punitive damage award to the widow of a man who died of lung cancer caused by cigarette smoking. $79 million is a lot of money. At first blush it would seem like someone just one the litigation lottery. However, the plaintiff in the Oregon case, I'm sure, doesn't feel like she won the lottery. She lost her husband. And $79 million is not a lot of money to a company like Philip Morris. In fact, it's a drop in the bucket, not even a day's profits for a company that makes billions.

Do we really think that large corporations are going to listen and be deterred from wrongful conduct when the consequences of such conduct result in a slap on the wrist? Of course not. The corporate entity, as it has evolved, in America has no conscience, no soul and no emotion. In answering to the bottom line, economic analysis prevails. When a company can sit back, analyze the cost of the death and destruction it may wrought against the profits from such conduct, damages which only compensate a victim will never deter. In the Oregon case, the widow's compensation for the death of her husband was around $800,000. Philip Morris could pay this amount every day of the year and hardly see a reduction in its share price.

The California Supreme Court put it well in the seminal case of Grimshaw v. Ford - that's the famous Pinto case:

Through the results of the crash tests Ford knew that the Pinot's fuel tank and rear structure would expose consumers to serious injury or death in a 20- to 30-mile-per-hour collision. There was evidence that Ford could have corrected the hazardous design defects at minimal cost but decided to defer correction of the shortcomings by engaging in a cost-benefit analysis balancing human lives and limbs against corporate profits. Ford's institutional mentality was shown to be one of callous indifference to public safety. There was substantial evidence that Ford's conduct constituted "conscious disregard" of the probability of injury to members of the consuming public.

Those words were spoken in 1981 and still ring true today. Punitive damages remain as the most effective remedy for consumer protection against defectively designed mass produced articles and provide a motive for private individuals, like the widow in Oregon, to enforce rules of law.

Originally posted at InjuryBoard by Patrick DeBlase

FDA: Anti-Smoking Drug May Pose Serious Neuropsychiatric Risks to Users

Shehnaz Bhujwala — Mon, 04 Feb 2008 17:50:31 GMT

The Food and Drug Administration issued a public health advisory last Friday to alert health care providers, patients, and caregivers to new safety warnings concerning Chantix (varenicline), a prescription medication used to help patients stop smoking. Government regulators believe the connection between Pfizer's anti-smoking drug Chantix and serious neuropsychiatric problems is "increasingly likely", warn Chantix may raise the risk of psychiatric disorders and request that the manufacturer of the drug, Pfizer Inc., apply new safety warnings to the medication.

The FDA's advisory follows an investigation of reports of depression, agitation and suicidal behavior, including at least 37 suicides among patients taking the popular twice-daily pill. Bob Rappaport, director of the FDA's drug evaluation center, was quoted inThe Washington Post as saying there were "a number of compelling cases that look like they are the result of exposure to the drug itself and not other causes."

The advisory also emphasized the following safety information for patients, caregivers, and health care professionals:

"Patients should tell their health care provider about any history of psychiatric illness prior to starting Chantix. Chantix may cause worsening of current psychiatric illness even if it is currently under control. It may also cause an old psychiatric illness to reoccur. FDA notes that patients with these illnesses were not included in the studies conducted for the drug's approval.
Health care professionals, patients, patients' families, and caregivers should be alert to and monitor for changes in mood and behavior in patients treated with Chantix. Symptoms may include anxiety, nervousness, tension, depressed mood, unusual behaviors and thinking about or attempting suicide. In most cases, neuropsychiatric symptoms developed during Chantix treatment, but in others, symptoms developed following withdrawal of varenicline therapy.
Patients should immediately report changes in mood and behavior to their doctor.
Vivid, unusual, or strange dreams may occur while taking Chantix.
Patients taking Chantix may experience impairment of the ability to drive or operate heavy machinery."

Pfizer has reportedly implemented label changes with stronger warnings to the drug. In doing so, the company stressed that a direct link between Chantix and the reported psychiatric problems has not been established, but also could not be ruled out. However, the warnings come too late for families of users who committed suicide while taking the drug. Lawsuits are currently pending against Pfizer for its failure to adequately warn users about the drug's serious and potentially fatal side effects.

Originally posted at InjuryBoard by Shehnaz Bhujwala

Ohalee Inc. Recalls Youth ATVs Because of Mechanical Hazards

Jenny Albano — Thu, 06 Sep 2007 13:27:23 GMT

Ohalee Inc., in conjunction with the CPSC, is recalling around 36 Ohalee FA-A70 Youth ATVs because mechanical hazards could put young riders at a risk of injury.

These youth ATVs lack front brakes and a tire pressure gauge, the date of manufacture is not printed on side of the tires, and the front suspension is solid and does not allow for travel. Additionally, the flag pole bracket is not the correct size, and the handlebars do not have padding covering sharp edges. There is no storage location for the owner's manual, and the manual itself does not contain complete information on the safe operation and maintenance of the ATV.

These defects make the ATV unsafe for consumers to ride, and could result in the injury of a young person.

The Ohalee FA-A70 Youth ATV has "Ohalee" written on the left and the right side of the recalled ATVs and they were available in red, blue, and black. The ATVs were sold at Odes Motorcycle Industry stores across the nation from June 2006 to December 2006.

So far no injuries have been reported to Ohalee Inc. The product was manufactured in China.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

Maclaren Stroller Defect Went Unfixed for Five Years

Paul Kiesel — Thu, 19 Nov 2009 19:15:53 GMT

From the New York Post:

Maclaren knew for at least five years that its strollers could lop off a child's finger, but did nothing about the dangerous defect until federal regulators all but forced it to, The Post has learned.

This week, the company agreed to a "voluntary recall" of all its models sold as far back as 1999, conceding that the fingers of 12 children were severed by the stroller's hinges when they were opened or closed.

But since Maclaren failed to notify the Consumer Products Safety Commission when it first became aware of even a "potential danger," the British-based company could still face a fine of $1 million or more, sources said.

Companies are required by federal law to "report to CPSC immediately on learning of a problem with a product that makes it a substantial hazard or poses a potential hazard," commission spokesman Scott Wolfson said.

The company has known the stroller hinges could become finger guillotines since at least July 12, 2004, when 23-month-old Connecticut toddler Carlos DeWinter lost his right pinky, according to court papers obtained by The Post.

His mother, Jane DeWinter, was shopping for a Maclaren Triumph stroller at a Right Start shop near her Greenwich home, and she was testing the one-handed folding and unfolding mechanism.

As she was about to lock the stroller into the open position, Carlos put his finger on the hinge, and he suffered a "traumatic amputation," the court papers said.

Despite two surgeries, the pinky could not be reattached.

Maclaren and Right Start argued that the mother's "own negligence" was to blame, the suit says.

Click here for the rest of the article.

Originally posted at InjuryBoard by Paul Kiesel

Baja Motorsports Recalls Youth ATVs to Repair Lack of Equipment

Jenny Albano — Wed, 21 Nov 2007 18:05:59 GMT

Baja Motorsports, in cooperation with the CPSC, is recalling around 16,000 Baja youth ATVs because they do not have a tire pressure gauge or a flag pole mounting bracket. With out these pieces of equipment riders could become injured.

The recalled youth ATVs include the Baja 90, Baja Wilderness 90 and Baja Wilderness 90u. The ATVs came in blue, green, red and camouflage and "Baja" is written on the side of each gas tank.

So far no injuries have been reported to Baja Motorsports. The ATVs were sold at certain retail outlets, ATV dealerships and through the Internet from November 2004 to July 2007.

Consumers who own these ATVs should contact Baja to recieve their free tire pressure gauge and flag pole mounting bracket. Owners who have registered their vehicles will be contacted by the company.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

FDA Holds Hearing on Safety of Drug Coated Heart Stents

Paul Kiesel — Mon, 11 Dec 2006 00:03:20 GMT

FDA reviews dangers of heart stents. Drug coated heart stents under review by governmental agency.

Last week the FDA brought together a distinguished group of scientific experts for two days of hearings on the safety of drug coated heart stents. These small mesh tubes are designed to prop open diseased arteries which have been clogged by deadly plaque build up.

Since the introduction of drug coated stents in 2003, they have become a first choice in medical devices intended to fight the artery clogging effects of heart disease. However, recent studies have indicated that the drug coated devices can cause fatal blood clots long after the stents have been implanted.

The FDA has come under strong criticism for not properly monitoring the safety of new drugs and medical devices it has licensed for use. It has been castigated for the proliferation of defective drugs and medical devices that have been proven to cause injury and death. In the case of heart stents, the FDA approved their use based upon studies of patients with relatively simple heart problems, involving a single arterial blockage, without serious complications such as a heart attack.

The primary issue is that doctors have been using the drug coated mesh stents for patients with more complicated arterial disease, such as multiple blocked arteries. In addition, patients using the newer stents are usually prescribed drugs to thin the blood in order to prevent clotting. There are a number of circumstances where patients, for other medical reasons, can't use blood thinning drugs. It is now thought that these patients are not candidates for the newer stents because of increased risk of serious heart attacks.

The recent FDA hearings have made clear that drug coated heart stents require further research into their potential risks. At a minimum the FDA should reformulate warning labels so that doctors and patients can make more informed decisions as to whether the benefits of drug coated heart stents outweigh their risks.

Kiesel Boucher Larson specializes in defective medical devise and drug litigation and has a team of experienced lawyers and scientific experts, all of whom successfully prosecute these highly complex cases.

Originally posted at InjuryBoard by Paul Kiesel

Bausch & Lomb Lens Solution Causes Eye Infections

Paul Kiesel — Tue, 22 Aug 2006 13:55:24 GMT

Bausch & Lomb ReNu with Mostiure Loc was, according to the Journal of the American Medical Association, responsible for a recent outbreak of fungal eye infections. The company had suggested purchasers poor eye hygiene was the probable cause of the infections but the researchers writing for the American Medical Association formally concluded the link between Bausch & Lomb and eye infections. When initial reports of infections relating to ReNu with Mositure Loc were made the company was quick to distance themselves from any responsibility and only when public pressure was brought to bear did the company, finally, agree to a national recall of their product first domestically and then internationally. The Journal concluded that no increased risk of infection was present in any of the other Bausch & Lomb lens solutions.

Practicing good contact lens hygiene is a prudent and common-sense measure for all contact lens wearers, irrespective of contact lens solution used," Dr. Douglas C. Chang, a fungal disease specialist at the Centers for Disease Control who was lead author on the report, wrote in an e-mail interview. "However, the most important message for contact lens wearers is to stop using MoistureLoc, and throw out any MoistureLoc solution purchased before the recall."
The infections showed up in Asia last year and peaked in the United States this past spring, shortly after Bausch & Lomb withdrew MoistureLoc from the domestic market on April 13. Bausch & Lomb announced a worldwide recall a month later. The debacle caused the company's stock price and profit forecasts to plunge.

Originally posted at InjuryBoard by Paul Kiesel

Procter & Gamble Says Mouthwash Product Kills Germs and Creates the Appearance of Brown Stains on Teeth?

Paul Kiesel — Fri, 07 Aug 2009 18:24:59 GMT

This sounds like a terrible product: Crest Pro-Health mouthwash. Also, one would think that P&G's spokesperson would be better off not promoting the mouthwash's brown-staining effect on teeth. It's something to consider in the future when, naturally, another product of theirs doesn't deliver on its label's promise.

From the Associated Press:

DETROIT — A lawyer seeking fresh breath says he got brown stains instead.

Mark Rossman of suburban Detroit is suing Procter & Gamble Co., saying his teeth have stains on the edges after he used Crest Pro-Health mouthwash.

"My wife asked me, 'What's on your teeth?'" he said Thursday after his partners in Troy filed a lawsuit in federal court in Detroit. "I flossed, brushed — it wouldn't come off.

"I didn't even think of the mouthwash until I did some Internet research and saw complaints," Rossman, 34, said.

A P&G spokeswoman, Laura Brinker, declined to comment on the lawsuit but said "99.9 percent" of users have not complained.

"We stand behind our product," she said. "Tooth discoloration is a very complex matter and is influenced by many different things."

Click here for the rest of the article.

Originally posted at InjuryBoard by Paul Kiesel

California Closer to Banning BPA in Plastics

Paul Kiesel — Tue, 02 Jun 2009 18:40:32 GMT

From the Los Angeles Times:

Reporting from Sacramento -- Despite a fierce lobbying effort by the U.S. chemical industry, the state Senate narrowly approved a proposal Tuesday that would ban the use of a substance in baby bottles, toddler sippy cups and food containers that independent scientists say is a threat to childhood development.

The bill by state Sen. Fran Pavley (D-Agoura Hills) prohibiting the use of bisphenol A -- more commonly dubbed BPA -- now goes to the Assembly, where it is expected to face a wall of resistance from manufacturers of the infant products that contain the controversial chemical.

Industry leaders have targeted California for an orchestrated lobbying and grassroots PR campaign to turn back efforts by health and consumer groups to ban the use of the chemical, a component in the manufacture of plastic containers.

Researchers from the chemical industry say the public health threat has been vastly overblown. But more than 200 independent scientific studies have linked BPA to brain development and behavioral problems in young children, early puberty and the eventual onset of some types of cancer. Scientists say the chemical can leach into a liquid, particularly when a bottle or cup is heated.

Pavley said on the floor that the goal of her legislation is to protect "the most vulnerable," stressing that affordable alternatives are already available to the chemical industry.

"For each year we delay, 500,000 babies are born in California" who could be affected, she declared.

The measure squeaked through with a bar majority largely on partisan lines, 21-16, though two Democrats -- Sens. Ron Calderon (D-Montebello) and Gloria Negrete McLeod (D-Chino) voted with the Republicans.

Sen. George Runner (R-Lancaster) said the measure is a "knee jerk reaction" that sidesteps efforts the state undertook just last year to more fully study the effects of potential chemical threats before adopting blanket bans.

BPA has been used since the 1950s as an additive to give plastics more strength and is common in hundreds of household products, including plastic bottles and food containers. It is also used in the linings of canned goods such as soup, baby formula and fruits or vegetables.

Originally posted at InjuryBoard by Paul Kiesel

Paralyzed Woman Gets $82.6 Million From Ford

Lance Rubin — Wed, 12 Mar 2008 10:06:09 GMT

Benetta Buell-Wilson was in her Ford Explorer when the SUV fishtailed then rolled over four times. Now the mother of two is paralyzed. Her lawyers went to court and sued Ford. The jury awarded her $368 million, much of it in "punitive" damages -- damages that are meant to punish Ford for their bad business practices and ignoring their own testing that showed their SUVs, particularly the Explorers, tend to roll over because they have a high center of gravity. The courts later reduced that award to $82.6 million dollars.

the sport utility vehicle rolled four times before coming to rest on its roof. At trial, Buell-Wilson's lawyers argued that the Explorer's design defects were derived from Ford's rollover-prone Bronco II, but management ignored the risks.

Ford routinely ignored thier own in-house tests that showed how dangerous their SUVs were. Many people have been killed or seriously injured as a result of roll-over injuries in Ford SUVs, especially the Explorer.

Right now, Kiesel Boucher Larson LLP is reprsenting a mother whose 22 year old son was killed when the Ford SUV he was riding in rolled over after a tire failed. Another woman in the car was paralyzed. Cases against Ford, claiming that their product was defective, are very difficult to prosecute. If you or a loved one was injured in this type of accident, make sure your lawyer has experience with these types of cases.

Originally posted at InjuryBoard by Lance Rubin