Articles Posted in Defective Products

elevator.gifOn October 20, 2006, Andy Polakowski, a freshman at Ohio State, was in the dorm elevator with 23 other students when it stopped on the third floor. As Andy tried to step off the elevator, it suddenly descended, pinning him between the ceiling of the elevator and the third floor. Tragically, he was pinned in the torso area, and died almost immediately. He was only 18 and left behind his parents and three sisters.

As a result of his death, Andy’s parents brought a wrongful death lawsuit against Ohio State alleging that the school was negligent in the inspection and maintenance of the elevator, creating the conditions that allowed the brakes to fail, and killing Andy. The university, in turn, filed cross complaints against several companies involved in the installation and maintenance of the subject elevator. According to reports, inspection of the elevator revealed that it had a faulty brake, an inadequate counterweight, and no overloading alarm system. It also didn’t have a safety device to prevent sudden descents, something that is apparently required on modern elevators.

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Pogo.jpg It was announced yesterday by the U.S. Consumer Product Safety Commission that a voluntary recall of Pogo Sticks made by Bravo Sports of Santa Fe Springs, California. According to the recall alert, the bottom of the pogo stick frame is prone to breaking apart; causing the pin that holds the bouncing spring to break off. When this happens, the pogo becomes a hazardous fall risk, and the spring a laceration hazard. Consumers should stop using the pogo sticks until it is confirmed that it is not involved in the recall.

Apparently Bravo Sports has received over 100 reports of breaking incidents involving the pogo sticks, nine of which apparently caused injury. One of the reported cases involved the facial laceration of a child, and two others who suffered facial injuries.

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A San Diego jury returned a $14.4 million verdict this week in favor of three young boys whose parents were killed in 2006 in an auto accident in Arizona. The wrongful death verdict was rendered against Mossy Ford, after a jury concluded that the dealership’s negligence in performing a tire repair caused the fatal accident.

Adam Shea, one of the attorneys for the three young boys, ages 8, 5, and 3 at the time of the accident, argued that the Ford E350 van being driven by Casey Barber experienced tread separation on one of the tires while traveling on Highway 98 in Arizona. The tread separation, according to the plaintiffs, was the result of a faulty tire repair at the dealership. According to Shea, the dealership should never have tried to repair it. The jury agreed.

The case was venued in San Diego because that is where the defendant, Mossy Ford, is located. According to news reports, there were originally additional defendants, who paid $8.3 million in settlement prior to trial.

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A Northern California man was awarded $2.85 million in a settlement the maker of a stun-gun that was alleged to have caused permanent brain damage. The product manufacturer denied any liability, but agreed to pay the settlement.

According to reports, in October 2006, 49-year-old Steve Butler was intoxicated and off his psychiatric medications when he refused to get off a public bus. A police officer used a Taser X-26 from Taser International to subdue Butler, who went to cardiac arrest and stopped breathing. It took nearly 20 minutes for paramedics to resuscitate Butler, who suffered a major brain injury.

Nearly four years after the incident, Butler continues to have short-term memory problems, and a loss of mobility and motor skills. He cannot be left alone and requires 24-hour care. According to court documents, Butler is unlikely to recovery.

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The Consumer Product Safety Commission has announced that six manufacturers of drop-side cribs will voluntarily recall more than 2 million baby cribs after more than 250 reports of malfunction. In 16 of the reports the infants were entrapped, and in one the child was rendered unconscious and hospitalized. No wrongful deaths have been reported.

The seven companies involved in the recall are Delta Enterprise Corp., Jardine Enterprises, LaJobi, Million Dollar Baby, Child Craft and Simmons Juvenile Products.

“This new recall announcement is part of a larger effort by CPSC to clean up the marketplace from many of these unsafe cribs,” said CPSC Chairman Inez Tenenbaum. “Most of these recalled cribs have dangerous drop-sides, while the Delta crib can pose a danger to babies if the mattress support is installed incorrectly.”

Childrens-Tylenol-Recall.gifThe FDA is looking into several hundred allegations of serious side effects, including seven deaths since May 1, involving over-the-counter children’s mediation, including Children’s Tylenol, produced and distributed by Johnson & Johnson. The company has issued recall notices for 40 commonly used children’s pain and allergy medication, and announcing that some may have been improperly manufactured or contaminated.

Today FDA officials issued a notice urging parents to used generic alternatives to the mediations that were recalled, and congress has sprung into action, starting an investigation.

At Tylenol.com, Johnson and Johnson is instructing parents and caregivers with questions about the recall to call 1-800-962-5357 (Monday-Friday 8 a.m. to 8 p.m. Eastern Time).

San Diego-based Infatino, the makers of the “Slingrider” and the “Wendy Bellissimo” baby slings, issued a recall of at least 1 million slings yesterday after several reports of infants dying because of the sling. The company said that customers should stop using the slings immediately, and offered replacement slings free of charge.

In early March, the Consumer Product Safety Commission issued a warning about the slings, stating that it had linked at least 14 deaths to the use of slings, most of them involving infants younger than five months old. CNN.com profiles two families that lost children purportedly because of the sling, one of whom has filed a lawsuit against Infatino for designing and distributing a defective product.

The CPSC issued the following statement:

The New York Times has obtained a government report that concludes that the drug Avandia [aka Rosiglitazone], prescribed for diabetes, causes heart attacks and heart failure and should be removed from the market. According to the report, if every diabetic currently on Avandia were instead given Actos, an alternative drug, about 500 heart attacks and 300 cases of heart failure would be avoided every month.

Because of a multimillion dollar advertising blitz, Avandia was, at one time, one of the biggest selling drugs in the world. In 2006, sales of the drug totaled over $3 billion dollars. In 2007, however, a study by a Cleveland Clinic cardiologist suggested that the drug actually damaged the heart, and after a warning from the FDA, sales of the drug dropped dramatically. Despite the findings of heart damage, the drug stayed on the market when “an F.D.A. oversight board voted 8-7” too keep it on the market. (It would be interesting to know the politics at work behind that decision.)

“Rosiglitazone should be removed from the market,” concluded Dr. David Graham and Dr. Kate Gelperin of the FDA in the report obtained by the Times. GlaxoSmithKline, the drug’s manufacturer, disagrees (of course). It has stated that Avandia has been thoroughly tested and that “scientific evidence simply does not establish that Avandia increases” the risk of heart attacks.

There has been a lot of news lately about the Toyota recall, and specifically about the family that was killed in San Diego when the accelerator on their Lexus got stuck, causing them to barrel down the road at speeds in excess of 100 mph, and ultimately run a red light and clip a law abiding vehicle. What we haven’t heard much about is the condition of the law-abiding driver. Yesterday the Union Tribune did a profile story about him.

Phillip Pretty has no real memory of the accident itself. All he remembers is turning left from SR-125 onto Mission Gorge Road, then getting hit by the white Lexus. “It was more or less lights out,” he told the UT. He didn’t learn that the family inside the Lexus was killed until he woke up in the hospital.

It’s been over three months since the fatal car accident, but Mr. Pretty is still far away from a complete recovery. The impact left him with a serious concussion and memory loss, which he has been told may last awhile. He has difficulty with simple memory tasks such as remembering someone’s name. He also suffered a knee injury, which may require surgery, preventing him from surfing or bicycling, activities he enjoyed before the accident.

More than seven years after a San Diego jury awarded Benetta Buell-Wilson $369 million against Ford Motor Co. it looks like she will finally get paid. Ms. Buell-Wilson suffered a severed spinal cord when the Ford Explorer she was driving overturned on I-8. The jury found that Ford failed to follow its own engineer’s advice to widen the Explorer wheel track or lower its center of gravity because the safety improvements would have been too costly. Ford, the jury determined, knew its Explorer would roll easily but deliberately ignored the risk.

After the verdict, Ms. Buell-Wilson was subject to relentless appeals by Ford, who must have spent additional millions to try to get the verdict overturned. It had some success in getting the award reduced, but its final attack was an appeal to the U.S. Supreme Court, arguing that the punitive damages assessed against it ($246 million by the jury, reduced to $55 million afterward) were unconstitutional and illegal under California law. Yesterday, the U.S. Supreme Court refused to hear the case.

Dennis Schoville and Lou Arnell, two of San Diego’s finest personal injury lawyers, believe Ms. Buell-Wilson may finally get some of the justice a jury believed she deserved. It’s been seven years since the verdict and she hasn’t seen a penny. Mr. Schoville told the San Diego Union Tribune, “It’s been a long haul, but this is the end of the line for Ford.”

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