Wilmington Personal Injury Lawyer - Defective & Dangerous Products

New AAJ Report On Corporations Negligent Conduct

Gary Shipman — Thu, 29 Oct 2009 11:55:03 GMT

Yesterday, October 28, the U.S. Chamber held the 10^th annual “Legal Reform Summit”- a day spent blaming the civil justice system for all the country’s hardships. The American Association for Justice has released a report entitled “They Knew and Failed To,”exposing corporations through several detailed examples of consumer products such as perscription drugs and medical devices that had known safety concerns within the company yet remained on the market.

Consumers are no longer surprised when they turn on the news to find another recall or product warning. Consumers would be surprised to find out that some corporations knew about the dangers of their products but thought the profit was more important, deciding to carelessly risk the lives of people and market the product anyway.

Through several true stories, non- oppinionated merely factual, the AAJ report “They Knew and Failed To,” discredits the Chamber and shames corporation after corporation. While the report creates awareness and raises red flags to consumers, it is unfortunate that there is no protection from becoming a victim. The Chamber’s “ Legal Reform Summit” is a day that fights the civil justice system that they claim works against the country and its economic success, while the Civil Justice System fights daily to hold the Chamber and countless corporations accountable for decades of wrongdoing.

Originally posted at InjuryBoard by Gary Shipman

North Carolina’s Extended Statue of Repose for Product Liability

Gary Shipman — Wed, 28 Oct 2009 16:18:06 GMT

North Carolina’s extended Statue of Repose has been in effect since October 1, 2009. The House Commerce Committee unanimously voted to extend the statue of repose. The amendment states that all claims for defective products will be increased from six to twelve years for actions that accrue on or after October 1, 2009. Actions that accrued prior to October 1, 2009, the former statue of six years after the date of initial purchase or consumption will apply.

The six year statue of repose that North Carolina previously followed was the shortest period in the nation. This statue of repose barred a significant amount of claims, leaving many people without the compensation they deserved. The new twelve year statue of repose will positively impact many situations and North Carolina should expect to see a rise in defective product claims.

Originally posted at InjuryBoard by Gary Shipman

Toyota Motor Corp.'s Largest Recall

Gary Shipman — Tue, 27 Oct 2009 12:39:32 GMT

New details of a fatal crash were released by the Federal highway safety inspectors that triggered Toyota Motor Corp.’s largest recall. The NHTSA report found that the Lexus ES 350 sedan involved in the fatal crash had a gas pedal design that could increase the risk of its being obstructed by a floor mat. Toyota stated “among the remedies it is considering in the current recall is an adjustment to the pedals or their design.”

Originally posted at InjuryBoard by Gary Shipman

Serious Health Issues Associated With Bard Avaulta Transvaginal Mesh/Sling Products

Jean Martin — Mon, 17 Aug 2009 12:00:30 GMT

For many women, there is nothing more gratifying and joyous than being pregnant and having a child. However, there are some health problems that may occur later in life as a result of child birth. Pelvic organ prolapse is one such problem and it occurs when the pelvic muscles become weak or damaged either because of injury or due to old age and the muscles cannot adequately support the pelvic organs any longer. It is estimated that half of women who have children will suffer from some form of prolapse at some point in their lives and that while the condition itself is not serious or life-threatening, it can still cause a great deal of distress to the patient and ought to be treated.

One such treatment method is a surgical procedure in which a device known as a transvaginal mesh is inserted to help treat the problem; sometimes the device is referred to as a sling. The procedure is still fairly novel and new materials are frequently used by companies trying to develop new designs for the product. Slings and meshes have been promoted as an excellent treatment option for women suffering from some degree of prolapse. One company that makes transvaginal meshes is Bard Avaulta. Their product has been used to treat incontinence and other problems associated with a prolapse. However, there have been problems and now the company and its products have had warnings and recalls issued against them.

The problems affecting the meshes and prompting the recalls and warnings include pain, infection, urinary trouble, recurrence of prolapse, incontinence and vaginal erosion. There have also been some problems reported in the actual process of inserting the mesh in the patient, though these are not generally thought to be a result of a defect in the product itself. In October of 2008, the FDA made a public warning to consumers warning them about the complications that had been reported in conjunction with the insertion and use of the mesh sling. In the FDA public warning, the FDA reported that there had been over one thousand reports of problems which were reported in transvaginal meshes made by nine different manufacturers. The result of the public warning was to alert women who thought that their problems were unique to the problems other women were also having and resulted in calls by consumers for a recall of Bard Avaulta’s product.

This was an important development in the transvaginal mesh problem because many women had been experiencing problems but due to the sensitive nature of their health problems and because of their assumption that it was either an extension of their original health issue or a unique problem to them, these patients were underreporting their problems with the product. The result of the FDA warning and calls by the public for a recall is that there is a rather strong case to be made that the Bard Avaulta product is defective. A defective product which remains on the market and/or which injures a consumer may allow a patient who was injured to recover in a suit or may even result in a class action suit against the manufacturer. As of today, there are still no recalls which have been issued for Bard Avaulta transvaginal meshes or slings nor have any been issued to any of the other eight manufacturers.

For consumers who have been injured, it is important to remember that you are not just an injured consumer, but a victim. If you have been injured, do not be afraid to contact an attorney or an advocacy group, such as Truth in Medicine, to find resources that may be able to help you. To avoid potential injury or to minimize injuries, should they appear, it is important for women to be involved in their own treatment, to engage their physicians in a dialogue and not to suffer in silence. Always remain aware of new findings, studies and reports about meshes and slings but also do not be afraid to question and speak with your physician about these resources as not all reports are complete and accurate. As a consumer of health care products, you should not be subjected to defective or dangerous products; remain vigilant of your own health and any changes you experience after any procedure; your health and well-being are the most important things you have.

Originally posted at InjuryBoard by Jean Martin

Exploding Gas Cans Not A Myth

Jean Martin — Wed, 20 May 2009 16:26:55 GMT

There are some websites out there exclaiming that stories of exploding gas cans are just perpetuating a myth. Unfortunately, nothing could be further from the truth.

Just last week, two young boys were injured with first and second degree burns as they innocently played in a garage. Not many details are known from the accident, but it appears that the boys were playing with a lighter and authorities found a melted gas can.

Now, some of you might be saying that the boys should have known better than to be playing with a lighter near a gas can. While I would agree, the danger is not as clear as that. Most consumer gas cans, the plastic ones that you can pick up at your local Wal-Mart, do not have a safety mechanism that keeps flames from igniting the gas contained inside when oxygen is introduced into the can. Without this safety mechanism, which can be a 5 cent piece of mesh, flames do not have to be right next to the can in order to ignite the gas. Open flames from many feet away can ignite the gas as it is being poured from the can. The vapor can ignite and carry the flame back into the can full of gas creating an explosion.

The manufacturer of most of plastic gas cans sold to consumers has considered adding this piece of mesh to the cans, but rejected the idea on the basis that consumers would not pay the additional cost of the can. As for me, I will gladly pay the extra 5 cents, the extra dollar or the extra 5 dollars to have this safety feature.

Originally posted at InjuryBoard by Jean Martin

Medtronic Infuse Bone Graft - Patients Beware

Jean Martin — Sat, 25 Apr 2009 05:49:00 GMT

The Medtronic Infuse Bone Graft system is a cage type system implanted into the spine which containes a protein that is capable of initiating bone growth. The Medtronic Infuse Bone Graft has FDA approval to be used in the lumbar spine - or lower back. However, it has come to light that Medtronic pushed doctors to use the Infuse Bone Graft for the cervical spine - the neck - as well, without FDA approval. This non-approved use in the cervical spine has led to numerous complications including swelling of the face and neck and trouble breathing due to restriction of the airway. Others report difficulty swallowing and speaking. Unfortunately, even though the Infuse Bone Graft is not approved for use in the cervical spine, doctors receiving financial incentives from Medtronic have continued using them for cervical spine surgeries, including cervical spine fusions.

The Wall Street Journal has reported that Medtronic is being investigated becaue of the allegations that the company gave doctors numerous incentives to use the Infuse Bone Graft. Medtronic has paid out over $40 million to settle whistleblower lawsuits by former employees who alleged that Medtronic paid doctors to use the Infuse Bone Graft off-label and other spine products manufactured by Medtronic.

When implanted into the neck, the protein used by the Infuse Bone Graft can cause bone to form in teh neck, causing breathing and swallowing to be difficult, and can cause death. Doctors should stop this off-label use of the Infuse Bone Graft system and Medtronic should be held responsible for the harm it has created.

Originally posted at InjuryBoard by Jean Martin

Magtastik and Magnetix Magnetic Toy Recall - Company To Pay Huge Fines

Jean Martin — Fri, 24 Apr 2009 14:48:32 GMT

Since 2006, there have been three recalls of magnetic toys made by Mega Brands America, Inc., formerly known as Rose Art Industries. The recalls involve their magnetic toys known as Megtastik and Magnetix. These are building toys which use magnets to allow the parts to connect to each other through large, colored metal balls. These magnetic toys have a risk that the magnets can detach. Young children can swallow the magnets causing much harm. Once swallowed, the magnets can cause blockages of the intestines and can perforate the intestines, particularly whe the powerful magnets attract to one another. If swallowed, these magnets present a risk of serious harm, including death inot treated immediately.

Just a week ago, the Consumer Product Safety Commission announced that the manufacturer of these magnetic toys, Mega Brands, will pay a fine of $1.1 million dollars to settle allegations that the company failed to provide the government timely information about the dangers to children associated with using these magnetic toys, as required by federal law.

Mega Brands is urging consumers to stop using these toy sets immediately. Consumers can look at this notice to determine if their child's toy set is one that has been recalled. The sets in question include the Magtastik, Magnetix Jr and Magnimal Building systems.

Originally posted at InjuryBoard by Jean Martin

Removing Defective Medtronic Leads May Pose Big Risk

Jean Martin — Tue, 07 Apr 2009 09:56:15 GMT

Much has been posted about the dangers associated with the defective Medtronic Sprint Fidelis Leads. Just recently it was revealed that there are more deaths associated with this faulty lead wire than Medtronic had previously reported. Lawsuits for injuries due to malfunctioning of the Sprint Fidelis Lead wires have been dismissed on the basis of preemption - a simple meaning being that FDA approval prevents lawsuits under state tort laws.

Now to add insult to injury, the New York Times has printed a very alarming article about the difficulty in removing these lead wires. Not only have people died as a result of a malfunction of the wires, now people are dying as a result of doctors trying to extract the wires. The procedure is quite complicated and there are a few doctors who have the necessary experience to perform it. The deaths have resulted from damage to a vein or the heart during the risky procedure causing extensive bleeding. Even the physicians who have the most experience with explanting these wires are saying that the procedure presents many challenges to them.

It's really unfair that patients and their doctors have been put in this precarious position. And it's even more unfair that Medtronic might not be held accountable for their actions.

Originally posted at InjuryBoard by Jean Martin

Yamaha Rhino Models Recalled to Repair Defect That Caused Deaths

Gary Shipman — Tue, 31 Mar 2009 18:26:31 GMT

On March 31, 2009, the United States Consumer Product Safety Commission ("CPSC"), in cooperation with Yamaha Motor Corporation announced a repair program for all Yamaha Rhino 450, 660 and 700 models to address safety defects that have killed at least 46 and injured hundreds of others in the United States. Most importantly, the CPSC advises consumers to "immediately stop using these popular recreational vehicles until the repair is installed by a dealer."

The Yamaha Rhino is a four wheel, side by side Utility Terrain Vehicle ("UTV") sold in the United States and Canada. The CPSC staff investigated more than 50 incidents involving 45 driver and passenger deaths in the Yamaha Rhino, more than 2/3rds of which involved rollovers and unbelted occupants. Many of the rollovers occurred at relatively low speeds and on level terrain. Yamaha also agreed to voluntarily suspend the sale of these models until repairs are completed.

It has been believed for several years that the design of the Yamaha Rhino was defective, in that multiple design flaws rendered the vehicle unstable and prone to tipping and rolling over. These defects are alleged to include a "top heavy" design and high center of gravity, contributing to the numerous roll overs.

The repairs, which will be provided free of charge, include the installation of a "spacer" on the rear wheels, and the removal of an anti-sway bar, thereby reducing the change of rollover. Additional repairs will include the installation of half doors and additional passenger handholds in order to keep occupants arms and legs inside the vehicle.

The firm of Shipman & Wright, LLP, located in Wilmington, North Carolina, represents persons across the United States who have suffered serious injuries, including those who have been injured or killed in an accident involving a Yamaha Rhino.

Originally posted at InjuryBoard by Gary Shipman

Landowners Sue Tennessee Valley Authority for Coal Ash Spill

Gary Shipman — Wed, 31 Dec 2008 18:53:28 GMT

Landowners Jot and Brenda Raymond, developers in Roane County, Tennessee, filed an action on Tuesday against the Tennessee Valley Authority over a dike burst that spilled coal ash sludge across neighboring property. The spill, estimated at more than a billion gallons, damaged a creek that ran through the Raymonds' development after the December 22 spill from a power plant. The spill has left the Raymonds without the ability to show property to prospective purchasers, and has caused substantial diminution in value

TVA declined comment on the suit, and it is expected that this action is the first of many to follow. Property owners that are damaged by reason of activities such as this have legal recourse, and should be vigilant in the pursuit of all available legal remedies.

Originally posted at InjuryBoard by Gary Shipman