Products Liability
Huge Toyota Recall Affects Thousands of Massachusetts Drivers–Defective Gas Pedals May Cause Runaway Acceleration
Toyota has issued another recall affecting millions of its popular vehicles due to acceleration problems caused by sticking gas pedals which are known to have caused serious personal injury and several deaths. In addition, Toyota has halted sales and will halt production of several product lines until it designs a fix for the product defect. This recall seriously affects Toyota’s reputation for safety and reliability. It also affects tens of thousands of Massachusetts drivers who own the defective Toyotas. It also affects others on the highway who may be struck by a runaway vehicle.
Toyota announced the voluntary recall last Thursday, which includes about 2.3 million vehicles, “to correct sticking accelerator pedals on specific Toyota Division models.” The sticking pedals may fail to return, or return slowly, to the idle position, causing the cars to accelerate or maintain a high speed unexpectedly.
The recall comes after a recall on floor mats in September 2009 affecting 3.8 million vehicles. That recall was found to be insufficient to solve the accelerator problems. Investigators realized the product defect included more than just the floor mats after a family of four suffered wrongful deaths when their Avalon crashed into a lake. The floor mats were discovered in the trunk of that car.
In November 2009, the National Highway Traffic Safety Administration (NHTSA) called the removal of the offending floor mats an interim measure only, and said, “This remedy does not correct the underlying defect in the vehicles involving the potential for entrapment of the accelerator by floor mats, which is related to accelerator and floor pan design.”
Unfortunately, Toyota has not yet proposed a plan to fix its millions of defective vehicles.
Massachusetts consumers who experience gas pedal problems are advised to apply firm pressure to the brake, and to pull off the road as soon as that can be done safely. The car should not be driven. In an emergency, the car can be put into neutral or the key turned to off. Push-button start controls can be turned off if the button is depressed for several seconds.
Models affected by the recall include:
- 2009-2010 RAV4
- 2009-2010 Corolla
- 2007-2010 Camry
- 2009-2010 Matrix
- 2005-2010 Avalon
- 2010 Highlander
- 2007-2010 Tundra
- 2008-2010 Sequoia.
Toyota customers affected by this recall should call the Toyota “Customer Experience Center” at 1-800-331-4331 with questions or concerns.
Massachusetts Consumers Should Take Care If Using Certain Antibiotics–FDA Warns of Tendon Trouble
A commonly prescribed class of antibiotics have been issued the strongest available warning by the Food and Drug Administration (FDA) due to the risk of potentially debilitating personal injury. Levaquin (levofloxicin) and Cipro (ciprofloxacin) are in the class of antibiotics, called fluoroquinolones, and are used to treat illnesses like sinus infections, urinary tract infections, pneumonia, kidney infections and several types of skin infections. People using Levaquin and other fluoroquinolones are at increased risk for tendonitis and tendon ruptures, especially those over 50 years of age, those taking steroids, or people that have had a lung, kidney or heart transplant. Tendonitis and tendon ruptures have also been reported in people without elevated risk factors, and can even occur months after discontinuing the drug.
The most commonly reported tendon injuries have occured in the Achilles tendon, but ruptures have also occurred in the rotator cuff, hand, and tendons in other parts of the body. Tendon injuries can be extremely painful, are potentially debilitating, and may require surgery to correct. People using fluoroquinolones should seek medical attention if they have bruising in the tendon area after a possible injury, hear or feel a pop or snap, are unable to put weight on an injured area, or have other reason to believe that a tendon is not functioning properly.
Flouroquinolones have also been linked to other serious side effects and personal injuries, such as renal failure, and users have reported side effects that feel like fibromyalgia and chronic fatigue syndrome. Some people experience an alleviation of side effects shortly after stopping use of the antibiotic. Others experience long-term or even permanent side effects. While sometimes the use of fluoroquinolones cannot be avoided, patients should inquire into alternative medications.
To report an adverse effect resulting from the use of Levaquin or another fluoroquinolone antibiotic, call the FDA MedWatch program at 1-800-FDA-1088 or visit the MedWatch website.
Baby Stroller Recall Affects Massachusetts Consumers
Graco Children’s Products of Atlanta, Georgia, has recalled approximately 1.5 million baby strollers which may cause finger amputations in small children. The company is offering a free repair kit to eliminate the hazard caused by the defective product.
The defective strollers were sold throughout Massachusetts at stores such as Burlington Coat Factory, Babies “R” Us, Toys “R” Us, K-Mart, Sears, Target, Wal-mart. The defective products affected include the following stroller lines: Graco’s Passage, Alano and Spree Strollers and Travel Systems.
The defective strollers are known to have caused at least five fingertip amputations and other personal injuries in children who got their fingers caught in the stroller’s canopy hinge mechanisms.
Our attorneys have experience with fingertip amputations caused by defective strollers. While the industry has long been aware of these risks, defective strollers continue to be manufactured.
Fingertip amputations often lead to permanent and disfiguring injuries. Often, attempts to reattach the affected fingertips are unsuccessful, and in most cases children are left with scarring and a loss of function. Many children suffer lasting psychological injuries, not just from the injuries themselves, but also from the taunting they often must endure in school as they grow up.
If you need legal assistance with a personal injury caused by a defective stroller or other product liability claim, please contact us for a free consultation. Our lawyers would be pleased to help you recover any damages sustained by your child as a result of the negligence of a manufacturer. Please call us toll free at 800 379 1244.
Defective Cribs Recalled Due to Risk of Infant Suffocation and Entrapment–Massachusetts Consumers Urged to Immediately Stop Using Affected Cribs
In late November, the US Consumer Product Safety Commission (CPSC) announced that Stork Craft Manufacturing was voluntarily recalling approximately 1.2 million cribs distributed in the United States and 968,000 distributed in Canada. This recall comes in the wake of reports of several infant wrongful deaths. Due to flaws in the cribs’ drop-side plastic hardware, the drop-side can detach creating a space between the crib mattress and the drop-side. As a result of this product defect, infants can become trapped in the space and suffocate. Where the drop-side detaches completely, infants run the risk of falling.
CPSC, Stork Craft, and Health Canada are aware of 110 incidents of drop-side detachment; 67 incidents occurred in the United States and 43 in Canada. The incidents include 15 entrapments, with four entrapments resulting in suffocation. Included in these incidents are 20 falls from cribs with personal injuries ranging from concussion to bumps and bruises.
This recall involves Stork Craft drop-side cribs distributed and manufactured between 1993 and 2009, and Stork Craft drop-side cribs with the Fisher-Price logo sold after 1998. The recall does not involve cribs without a drop-side or with a non-plastic drop-side. Major Massachusetts retailers sold these recalled cribs in stores, including BJ’s Wholesale Club, J.C. Penney, Kmart, Sears, and Wal-Mart stores, and online at Amazon.com, Babiesrus.com, Costco.com, Target.com, and Walmart.com.
Massachusetts consumers should immediately stop using the recalled cribs, and contact Stork Craft for a free repair kit that converts the drop-side to a fixed-side. Consumers should not attempt to fix the cribs without the repair kit and should find alternative and safe sleeping arrangements for infants until the crib is repaired. For additional information, contact Stork Craft toll-free at (877) 274-0277 anytime to order the free repair kit, or log on to www.storkcraft.com.
CPSC also provides several tips for general crib safety Parents should not use any crib with missing, broken, or loose parts. Hardware should be tightened from time to time to keep the crib sturdy. When using a drop-side crib, parents should check to make sure the drop-side or any other moving part operates smoothly, and should always check all sides and corners of the crib for disengagement. Any disengagement can create a gap and entrap a child. In addition, do not try to repair any side of the crib, especially with tape, wire or rope. Complete information is available at the CPSC website.
Strangulations Trigger Massive Recall of Blinds and Shades–Massachusetts Consumers Urged to Eliminate Hazards
This week, the U.S. Product Safety Commission (CPSC) and the Window Covering Safety Council (WCSC) announced the recall of millions of Roman shades and roll-up blinds due to the risk of strangulation to young children from the defective products. Massachusetts consumers are urged to take immediate measures to eliminate the risks to young children.
Since 2006, the CPSC has received reports of 5 wrongful deaths and 16 near strangulations involving Roman shades and 3 wrongful deaths since 2001 in roll-up blinds. In the case of Roman shades, children may place their necks between the exposed cord and the fabric on the back of the shade, or they may pull the cord out and wrap it around the neck. With the roll-up blinds, children may become entangled in the lifting loop on the side of the blind.
These defective products have been sold at a wide variety of retailers in Massachusetts, from Wal-Mart to Pottery Barn to ACE Hardware, to name but a few. If you have either type in your home, please contact the WCSC at its website or at (800) 506-4636 to receive a free repair kit.
The CPSC and the WCSC has also provided safety tips that apply to all window coverings, not just those involved in the recall. These include inspection of all shades and blinds in the home to make sure there are no loose or accessible cords (in fact, cordless window coverings are recommended where children live or visit), keeping cribs, beds, and furniture away from windows, and installing tension devices on looped chains or cords to keep them taut. Complete information is available at the CPSC website.
Maclaren Recalls One Million Strollers–Defective Product May Cause Amputation Injuries
The U.S. Consumer Product Safety Commission has announced a recall of over one million stroller manufactured by Maclaren. The concern: The defective product may cause personal injury to the child riding in the stroller. At least 15 serious injuries have been reported, and 12 of these have been fingertip amputations.
The recall affects all Maclaren strollers manufactured since 1999, including all single and double strollers. They popular baby strollers have been sold at Target, Babies “R” Us and other mass merchandisers.
Parents should immediately stop using the strollers and obtain a free repair kit from the manufacturer.
For additional information, contact Maclaren USA toll-free at (877) 688-2326 between 8 a.m. and 5 p.m. ET Monday through Friday or visit the firm’s Web site at www.maclaren.us/.
Here is a link to the recall notice. You can also search for information on the Consumer Product Safety Commission (CPSC) website.
David White, a product liability attorney at the Boston firm Breakstone, White & Gluck, PC, said, “Unfortunately, we are familiar with this type of product defect. Obviously a manufacturer of baby products must anticipate injuries that can come from pinch points from hinges and other moving parts. They must be extraordinarily careful to prevent injuries from their products.”
As reported in Time Magazine: “This is a very serious hazard,” says Scott Wilson, spokesperson for the CPSC. “We know child behavior, we know kids like to explore and sometimes put their fingers in places where they shouldn’t be. But finger amputations that result from using a product that parents expect to be safe is unacceptable.” Read More
Beef Products Recalled Due to Possible E. coli Contamination–Brockton, Massachusetts Meat Packer Blamed
A Brockton, Massachusetts meat packaging company has voluntarily recalled over a thousand pounds of ground beef patties and steaks due to possible contamination with E. coli O157:H7 bacteria, according to the U.S. Department of Agriculture. People exposed to the contaminated meat have suffered personal injuries.
Crocetti’s Oakdale Packing Company, also known as South Shore Meats, was investigated by Massachusetts and Rhode Island health officials after approximately twenty students at a Plymouth camp became ill following a meal using ground meat traced to the company. The USDA has declared a class I recall, due to the potential for serious illness and death from the O157:H7 strain of E. coli.
This type of bacterial infection usually manifests as diarrhea, which is often bloody, and several days of abdominal cramping. More severe cases may progress to hemolytic-uremic syndrome (HUS), which causes breakdown of blood cells, kidney failure, and sometimes death. Children under five and the elderly are at the highest risk for the severe forms of illness.
Contaminated meats are the most common cause of E. coli O157:H7 infection, but the bacteria may come from other sources, as seen in the recall of prepackaged cookie dough this past June.
Click here for a list of contaminated products.
Safety Tips: Proper preparation and storage of meat can help to prevent illness. Ground beef should be cooked to an internal temperature of 160 degrees. Newly purchased meat and poultry should be refrigerated promptly, as should leftover cooked meat. Proper washing of hands and utensils that touch raw meat is also important, in order to avoid contaminating other food or surfaces with bacteria.
Click here for more information from the USDA.
Toyota Recall of Defective Cars to Affect 3.8 Million Vehicles–Floor Mats Blamed for Crashes
In what will be the largest recall in the history of Toyota Motor Corp., the company will be recalling 3.8 million defective motor vehicles because of defective floor mats. The defective mats may cause the accelerator to jam, and may lead to serious accident.
Toyota has recommended that for several Camry, Avalon, Prius, Tacoma, Tundra and Lexus models the driver’s side removable mat be removed from the car immediately and not replaced until the company issues a fix.
According to the Washington Post, Transportation Secretary Ray LaHood has called this an “urgent matter,” and has strongly urged owners to “remove mats and other obstacles that could lead to unintended acceleration.”
One recent spectacular car crash has been blamed on the defective mats. In August 2009, a California family was traveling in a 2009 Lexus ES 350 when the car’s accelerator became stuck. The runaway vehicle could not be stopped, and reached a speed of 120 mph before crashing, rolling off the highway, and catching fire. All four family members were killed.
Toyota has also issued instructions on how to disable the vehicle if the accelerator becomes jammed. A driver should use both feet on the brake to slow the car and slip the gear shift into neutral. The key should be turned to accessory (not to lock, otherwise steering will be lost). In a push-button ignition, holding the button for three seconds will kill the engine.
More Information
For more information, consumers can contact the National Highway Traffic Safety
Administration’s hotline at (888) 327-4236, Toyota at (800) 331-4331 or Lexus at
(800) 255-3987.
Toyota to recall 3.8M vehicles over floor mats, Washington Post, September 30, 2009.
Defective Refrigerator Recall Affects Massachusetts Consumers; Threat of Fire and Serious Injury or Death
On March 10, 2009, 1.6 million Maytag refrigerator units (also sold under other brand names) were voluntarily recalled due to several reported fire hazard incidents. Due to an electrical failure in the relay, the component that turns on the refrigerator’s compressor, units can become 
overheated and pose a serious fire and injury hazard.
Before initiating the recall, Maytag had reports of 41 related relay malfunctions. Sixteen of those reports included information about property damage, ranging from smoke to serious kitchen fires. Though there have been no reports of personal injury or wrongful death, the serious repercussions of this defect place many Massachusetts consumers in harm’s way.
The refrigerators in this recall were sold between January 2001 and January 2004; some were sold in Massachusetts. A number of refrigerator brands are included in this recall: Maytag, Jenn-Air, Amana, Admiral, Magic Chef, Performa by Maytag, and Crosley.
Read More
Landmark U.S. Supreme Court Case Marks Victory for Massachusetts Consumers; Affirms Accountability for Drug Companies
The U.S. Supreme Court’s decision in Wyeth v. Levine on March 4, 2009, represents a resounding triumph for all Americans who take prescription drugs. In short, the Court found by a 6-3 margin that the federal regulations of the Food and Drug Administration (FDA) do not prevent a consumer from bringing a state court product liability claim against a pharmaceutical company that negligently manufactures, distributes or labels a prescription drug. The case preserves the rights of Massachusetts consumers to obtain compensation for personal injuries resulting from defective drug products.
Details of the Case
Diane Levine brought suit against Wyeth Pharmaceuticals after being forced to amputate her right forearm nearly nine years ago. A professional musician, Deborah had suffered from persistent migraine headaches and visited a local clinic for treatment. She was prescribed Phenergan, an antihistamine used to treat nausea. A physician assistant administered the drug by “IV-push,” which caused the drug to come into contact with arterial blood. As a result, she developed gangrene, leaving her no choice but to amputate half of her right arm.
Levine sued Wyeth Pharmaceuticals, claiming that Wyeth failed to adequately warn medical professionals and consumers of the risks of IV administration. At trial, evidence indicated that since the approval of the drug in 1955, more than 20 other patients had suffered from similar amputations. A Vermont jury concluded that Phenergan was a defective product, and awarded Levine $6.7 million to compensate for her devastating injury.
Wyeth appealed the verdict, and argued that because the drug’s label had been approved by the FDA – a federal agency – a consumer such as Deborah could not sue the company in state court. The Supreme Court rejected Wyeth’s argument, and ruled that a drug manufacturer ultimately “bears responsibility for the content of its label at all times.” The FDA’s purpose is to regulate, not to compensate consumers for injuries caused by drugs. “State law remedies further consumer protection,” Justice Stevens wrote, “by motivating manufacturers to produce safe and effective drugs and to give adequate warnings.”
What does this mean for Massachusetts consumers?
The Wyeth decision will make it much harder for drug manufacturers to hide behind a shield of compliance with federal regulations. FDA approval will not provide immunity for a drug company with a defective product. If you are injured by a negligently produced prescription drug, your right to bring a product liability action in state court against the drug company is preserved, and drug companies cannot hide behind a wall of federal preemption.
Another important effect of the decision is that pharmaceutical companies will likely pay closer attention to their labels and instructions, therefore improving consumer protection and safety in the prescription drug marketplace.
More Information
To read the entire decision, click here: Wyeth v. Levine