Product Liability Lawyer Blog

March 13, 2017

Automaker Sued for Alleged Vehicle Defect of Improper Deceleration

An alleged vehicle defect of the throttle caused a motorist to suffer personal injuries when the car rapidly decelerated without warning, according to a proposed class action lawsuit filed in a federal court in California recently.

The lawsuit further asserts the auto manufacturer, Ford, was aware of this defect for years and failed to warn consumers about it.

Plaintiff asserts that the defective electronic throttle body control systems decelerate both suddenly and unintentionally, causing a potentially fatal error. The design flaw allegedly extends not just to the 2012 Ford Explorer, which is what plaintiff was driving at the time of this reported incident, but also to other models of Ford, Lincoln and Mercury vehicles. Rather than own the error and make consumers aware of it, plaintiff says, defendant manufacturer has publicly downplayed the potential danger and has refused to offer to fix the alleged defect or to reimburse vehicle owners for the cost of necessary repairs. Continue reading

March 10, 2017

Consumer Reports: Tesla Autopilot Systems Improperly Marketed

by Jeffrey S. Glassman

Tesla Motors has come under fire in the last year after a series of collisions – one fatal – that involved the use of its Autopilot assisted driving system. The question is whether Tesla improperly deployed and marketed this system, which despite the name still does require substantial involvement from the driver.

The aggressive “beta-test” of its Autopilot self-driving technology forced government regulators to step in, with input from other car manufacturers, to consider how human drivers should interact with increasingly more sophisticated vehicles and whether the advancements were simply too much too soon. A recent analysis by Consumer Reports magazine urged Tesla to disable the automatic steering feature until either the software is updated to require drivers’ hands on the steering wheel or else until no driver involvement is required at all.

CNN reported federal auto safety investigators with the National Highway Traffic Safety Administration (NHTSA) cleared Tesla of having an inherent vehicle defect resulting in a fatal car accident in Florida in which Autopilot system was engaged, but failed to detect an oncoming white tractor-trailer against the brightness of the mid-day sky. The Autopilot system was built to keep a vehicle in its own lane, and the car is capable of braking on its own. The feature is designed to be used on limited access highways with on- and off-ramps and not, as decedent driver was using it, on roadways where cars or trucks can cross in front of the Tesla. Continue reading

March 7, 2017

New Infant Carrier Standard Aims to Prevent Baby Injuries

by Jeffrey S. Glassman

With the goal of helping to reduce child injuries and deaths, the U.S. Consumer Product Safety Commission recently rubber-stamped updated federal safety guidelines for infant carriers, specifically of the sling variety. This mandatory standard applies to those sling carriers caregivers wear to transport a single infant or toddler, usually up to 35 pounds, though some go up to 50 pounds.

The designs can range from hammock-like products that are mostly unstructured and hang from the caregiver’s body to a wrap of fabric that girds around the adult’s body. The caregiver wears the carrier, and once the child is inside, he or she is supported by either one or both shoulders of the adult. The carrier can be used either in front or in back, either with the child facing away or toward the adult, or else reclined in the front.

Updated federal safety standards are based on the most recently updated standard voluntarily adopted by the industry and outlined by ASTM International. However, there is an additional requirement regarding label attachments. ASTM F2907-15 is the standard, and it establishes the performance requirements, testing methods and manufacturing requirements that must be met in order to ensure that use of these sling carriers is safe. Continue reading

March 4, 2017

Product Recall After Metal Fragments Found in Smokeless Tobacco

by Jeffrey S. Glassman

Some products are dangerous even when manufactured correctly. For example, when a mining company buys a stick of dynamite and a blasting cap, there is no question that this product is capable of exploding and causing serious damage or loss of life, even when used correctly. If the product wasn’t capable of exploding, it would not be of any value to the mining company, so they wouldn’t buy it.

The same could be said about a chainsaw. While it won’t explode if manufactured correctly, it is definitely dangerous and capable of inflicting serious injury or death. If it wasn’t, it would not be able to make quick work of a log or tree as it was designed to do. In other words, some products are inherently dangerous, and as long as it was not unreasonably dangerous, defectively designed, or the company did not adequately warn consumers of the proper way to the use the item safely, the company may not be liable for any personal injuries. Continue reading

March 1, 2017

Boston Testosterone Injury Risks Abound

by Jeffrey S. Glassman

According to a recent news article from KXAN, one of the side effects of using testosterone replacement therapy (TRT) drugs is that it has been shown to lower a patient’s sperm count. This reported side effect has been especially pronounced with topical testosterone creams.

With testosterone replacement therapy becoming such a big business, there are a variety of competing products on the market, and these products come in many forms. There are oral medications, a film that is placed under the tongue, a stick deodorant, injectable testosterone and of course topical skin gels and creams. Continue reading

February 27, 2017

Testosterone MDL Defendant Can’t Limit Plaintiff’s Expert Witness Report

by Jeffrey S. Glassman

A federal judge in Illinois is overseeing a multi-district litigation action against the maker of testosterone replacement therapy drugs, with plaintiffs alleging the treatment caused them to suffer heart ailments. The litigation has been ongoing for some time – and is still not at the trial phase.

The MDL represents hundreds of men who say they were harmed by the company’s failure to warn of this possible risk.

Now, the judge in the U.S. District Court for the Northern District of Illinois issued a ruling that will work to plaintiffs’ advantage at future trials. The judge ruled that plaintiffs’ expert medical witness, a doctor who penned the rebuttal report for plaintiffs’ steering committee, only be allowed to submit a portion of that report. The San Jose State University professor authored a report in October, which included citations of a number of cross-studies. Defendant argued there should be a limitation on how many of those studies the expert witness could use in his report. Continue reading

February 27, 2017

New Medical Shock Absorber as Possible Alternative to Knee Replacement

by Jeffrey S. Glassman

Total knee replacement is now one of the most common elective surgical procedures in the United States, with over 300,000 implants conducted each year. With this rise in popularity comes a lot of advances in the manner in which surgeons perform the operations.

Some of these advancements include the use of robots to perform the surgery and the use of computer mapping scanners and software and even 3D printers to make the artificial knee implant. We are also seeing a lot of different advances being made by the medical device manufacturers. Continue reading

February 24, 2017

Volkswagen Recalls Audi for Vehicle Defects

by Jeffrey S. Glassman

Over the past year, Volkswagen has been forced to issue a number of recalls for serious vehicle defects that pose risk to consumer safety. This is not only involving Volkswagen models, but also Audi vehicles, which the company also manufactures. This latest round of recalls involves nearly 600,000 vehicles and is the result of two distinct defective systems. This is not related to the defective anti-lock brake issue that already caused a major recall in January 2017.

According to the Daily News, this latest round of recalls involves 2013 to 2017 Audi sedans and SUVs that have a 2.0-liter engine equipped with a turbocharger. In these vehicles, the electric coolant pump can become blocked while the engine is running. If this occurs, the engine can overheat. Normally, when a car overheats, the car will start billowing a foul smelling steam from under the hood and a temperature light will come on. This will normally cause the car to stall. However, in this case, the blocked coolant system can result in the car overheating to the point where it ignites into a vehicle fire, which can obviously result in serious injury or death. Continue reading

February 21, 2017

Dangers of Taking Testosterone Replacement Therapy Drugs

by Jeffrey S. Glassman

A recent news article from the Wisconsin State Journal takes a closer look at the dangers associated with taking testosterone replacement therapy (TRT) drugs. With the amount of advertising produced and purchased by the drug companies that make TRT drugs, many think that taking testosterone can only help and can’t hurt them. This could not be farther from the truth.

A doctor featured in this article said a patient came into his office requesting the doctor order a blood test to check his testosterone levels. This patient was around 30 years old. Low testosterone is not normally an issue seen in a man that young unless he has the relatively rare disorder known as hypogonadism. Continue reading

February 19, 2017

Professional Wrestling’s Undertaker Needs Total Hip Replacement

by Jeffrey S. Glassman

According to a recent news article from Give Me Sport, Mark Calaway, the 51-year-old professional wrestler better known as, “The Undertaker,” has already had several medical procedures involving his hip and will soon need a total hip replacement operation. While many are aware that much of what is shown in the WWE is scripted and the outcome is predetermined, there is no question that these wrestlers are professional athletes. Years of wrestling will most certainly take its toll on the human body.

While the Undertaker had not been seen publicly in quite some time, his character was revived in a major way at the end of 2016 and is expected to play a major role in the upcoming months. It was also around that time that he was seen using crutches to get around, and it become known that had already had one surgical operation on his hip. Continue reading