Product Liability Lawyer Blog

Back in in 1997, Michael Guillory was hit by another driver causing a car accident when, Jeffrey Moon, while going through a stop sign in rural Texas, failed to stop and struck his Nissan Pathfinder. The rub is that while Guillory was wearing his seatbelt as required by law, he claims that he was unnecessarily injured when his seatbelt, which he maintains was defective, came unlatched and failed to restrain him. Eleven years later, on March 10, 2008, Guillory filed a product liability lawsuit against car maker giant, Nissan in Federal Court in Eastern Texas.

In the lawsuit, Guillory is pushing for all damages available under the law in this product liability lawsuit, including for pain and suffering, loss of consortium, physical impairment, disfigurement, extreme emotional distress, mental anguish, medical expenses, lost wages, pre and post-judgment interest, and court costs. Guillory is also strongly contending in the product liability lawsuit that the Nissan Pathfinder was not "reasonably crashworthy" and not reasonably fit for unintended, but clearly foreseeable, accidents." The suit also states that the Pathfinder's seatbelt was defective due to the buckle releasing during the accident, the restraint system not being crashworthy, and the buckle not providing adequate restraint.

If you or a loved one has been injured or killed by a defective seatbelt or any other defective product, I would invite you to visit my website, www.samlevine.com or contact my office, Sam Levine, Attorney at Law.

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Posted In: Other Defective Products , Products Liability

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The family of a Houston area teenager has recently filed a Wrongful Death lawsuit against Toyota over claims of defective side impact airbags. The wrongful death lawsuit came in the wake of a serious car accident where another driver in a pick-up truck ran a stop sign and crashed into the driver side of the Toyota Prius driven, by the now deceased, teenager. The Toyota Prius, which was equipped with side impact airbags, failed to deploy, according to the family.

What will support the family in their wrongful death lawsuit is the fact that Toyota had previously issued a voluntary recall on some of its vehicles, thereby alerting consumers that the airbags may not work in the event of a collision.

If you or a loved one has been injured or killed because an airbag did not deploy when you were in a high impact accident, I would invite you to visit my website, www.samlevine.com or contact my office, Sam Levine, Attorney at Law.

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Posted In: Other Defective Products , Products Liability , Wrongful Death

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In what is believed to be a unprecedented class action suit against the maker of childhood vaccines, some 5,000 families will be in court over the next few weeks contending that mercury contained in defective vaccine, caused autism in their children.

The families, many of whom have been waiting for close to five years for their day in court, will be making their way shortly to the "federal vaccine court", which is a special court that hears and rules on the defective vaccine suits. If the court, based upon the evidence and testimony, renders a decision in favor the the claimants, all awards will be paid out of a designated federal fund.

One family that is at the forefront of the Vaccine-Autism Claim is a family in Atlanta, Georgia, the Polings, who settled out of court, will receive money from the federal fund for people harmed by vaccine. In the lawsuit, the Polings claimed that their daughter, who was a year and a half, was administered five vaccines back in July of 2000.

The burden of proof in the federal vaccine court is identical to civil court - by a preponderance of the evidence. That is, the parents will need to prove that it is more likely than not that the vaccines caused the autism and autism-like symptoms, which should not be too difficult, given the direct and circumstantial evidence at the disposal of the Plaintiffs.

If you have any children that have been harmed or adversely effected, I would invite you to please visit my website www.samlevine.com or contact my office, Sam Levine, Attorney at Law.

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Posted In: Defective Drugs , Products Liability

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The FDA has just issued a subpoena to Botox maker, Allergan Inc., to obtain marketing related documents from the company about the use of the defective drug for headaches. Botox is generally used to relax wrinkles. Here, however, FDA suspects that the Botox maker is attempting to promote the defective product to relieve pain from headaches, which, no pun intended, FDA is frowning upon.

FDA is presently looking at Botox and similar defective drugs in the wake of reported adverse reactions experienced by numerous people using the drug for headaches resulting in hospitalization, muscle spasm and even death.

If you or a loved one has been harmed by this or a similar defective drug, I would invite you to please visit my website, www.samlevine.com or contact my office, Sam Levine, Attorney at Law.

Posted by Sam Levine | Permalink | Email This Post

Posted In: Defective Drugs , Products Liability , Wrongful Death

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