Archive for the ‘ Product Liability’ Category

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Toyota Floor Mats Not the Only Potential Cause of Auto Accidents

Tuesday, December 1st, 2009

An article published in Los Angeles indicated that the floor mats that led to some car accidents resulting in deaths and injuries might not be Toyota’s only problem with some of their cars. On August 28, a 2009 Lexus ES 350 raced out of control through Southern California and slammed into another vehicle, killing the driver and his three passengers. The driver was a veteran California Highway Patrol Officer, and the auto accident was the fifth fatal crash involving runaway Toyota and Lexus vehicles made by Toyota Motor Corp. in the last two years.

Hundreds of separate incidents where a Toyota vehicle suddenly accelerated have been reported to Toyota and/or the federal government recently. Except in cases where driver error was the cause, Toyota has blamed these incidents on floor mats that can jam open the accelerator pedal if not properly installed. This fall, Toyota issued the biggest recall in its history that affected 3.8 million vehicles made as far back as 2004. However, car safety officials think that floor mats are not the only problem.

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Toyota Orders Dealers to Inspect All Vehicle Floor Mats

Thursday, November 19th, 2009

An Associated Press article published recently said Toyota ordered all its dealers to inspect their vehicles for mismatched floor mats in relation to a fiery car accident that killed four members of a family. The deadly auto accident was believed to be caused by floor mats that snagged the gas pedal on a Lexus that caused it to accelerate into the family’s SUV. Toyota Motor Sales, USA Inc. issued the order to around 1400 Lexus and Toyota dealers around the country to ensure that each vehicle in their inventory had the proper floor mats and that those mats were properly secured. Toyota also encouraged Toyota owners to inspect their floor mats for safety.

One Toyota official said, “If there’s any doubt in their mind about the security and shape of their mat, go ahead and visit the dealer.”

A 45-year-old California Highway Patrol Officer and three others were killed August 28, 2009, on State Route 125 in Santee—a town near San Diego—when the runaway Lexus traveling faster than 120 mph hit their SUV. After hitting the SUV, the Lexus launched off an embankment, rolled several times and burst into flames.

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VIOXX® Class Action Suits Suffer Setback in California Courts

Thursday, July 2nd, 2009

In a statement released on Pharmaceutical Online, Los Angeles Superior Court Judge Victoria Chaney struck down a request to certify a class of consumers and insurers seeking reimbursement from drug manufacturer Merck over costs of VIOXX®. The ruling dashes the hopes of plaintiffs and insurance companies who sought the ability to conduct class-action suits seeking compensation for the pain medication’s tendency to increase the risk of heart attacks or strokes among long-term, high-dosage users.

At the heart of the ruling is the concept of legal and factual similarity between the claims. According to Judge Chaney, not enough similarity exists among the members of the class. Her ruling states that each plaintiff would need to show damages and other facts in the case on an individual basis. As a result, treating the plaintiffs as a class would offer limited benefits in reducing the time and cost of litigation, and the emphasis of a class-action case would focus on the differences between plaintiffs rather than on the similarities.

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Watson Pharmaceuticals Propafenone Recall

Tuesday, April 7th, 2009

According to a recent Food and Drug Administration (FDA) press release, Watson Pharmaceuticals, Inc. has announced a voluntary recall of one lot of Propafenone HCL 225 mg tablets, an anti-arrhythmia drug. The tablets are being voluntarily recalled because some tablets may contain higher levels of the drug than is specified on the product labeling.

This is a serious issue. Changes in the dosage of Propafenone may affect some patients more than others. The FDA press release mentions irregular heartbeat or low blood pressure as potential side effects in sensitive patients. Those taking the drug are encouraged to review the lot number and expiration date to determine if their medication is subject to the recall.

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