Posts Tagged ‘product liability’

Poor Contact Lens Solution Results in Class Action Suit

Monday, November 23rd, 2009

nikozzComplete Moistureplus contact lens solution by Advanced Medical Optics is accused of either causing or failing to prevent serious eye infections called acanthamoeba keratitis. The condition is very severe and may result in scaring, vision loss, and require the eventual transplant of the entire cornea.

An outbreak of the infections in 2007 resulted in a voluntary product recall of the lens solution. Now the victims have banded together with the help of Orange County personal injury attorney Ron Labriola Newport Beach-based firm Robinson, Calcagnie & Robinson to take action against the company that caused their injuries. Labriola says that some of the contaminated products directly caused the eye infections, while others failed to prevent them.

“The solution doesn’t disinfect against this particular bacteria,” Labriola said. “It also has ancillary ingredients that cause the amoeba to go into a protective state.”

For more information on the suit, see the article in the Orange County Register. Image Via nikozz [Flickr].

Toyota for Sued For Faulty Accelorators

Monday, November 9th, 2009

chris.corwinTwo drivers in California have filed a class action suit against Toyota for a known defect in both Toyota and Lexus vehicles that has resulted in the loss of control of over 2,000 vehicles. So far, at least 16 people have died and over 240 people have been injured as a result of the vehicle acceleration issues. Both parties behind the suit are past Toyota or Lexus owners who have been victimized by the car’s acceleration problems.

Toyota has publicly blamed the problems on floor mats that have trapped the accelerator and prevented its release. The two plaintiffs claim there are other issues behind the acceleration problems besides just the floor mats though. The plaintiffs and their Orange County personal injury attorneys claim that Toyota has a problem with the throttle control system as well, which would have otherwise prevented the sudden acceleration.

The lawsuit seeks compensation for everyone victimized by the defaults and for the company to issue a recall of all affected car models. The National Highway Traffic Safety Administration has previously investigated these incidents and claimed the floor mats are the only major defect in the cars. They did discover that the problems rendered the vacuum brake system much less functional and noted an increase in stopping distance from 200 feet to more than 1,000 feet. The amount of force required to fully apply the brake also increased from 30 pounds of pressure to 150 pounds of pressure.

So far Toyota has already recalled more than 3.8 million vehicles related to this defect. Owners have been instructed to remove the driver’s floor mats until a more permanent solution is made available.

To read more, see the article in Canadian Driver. Image Via Chris.Corwin [Flickr]

Patient Suing Over CT Scan Radiation Overdose

Monday, October 26th, 2009

timsamoffA patient who received a CT scan from the Los Angeles Cedars-Sinai Medical Center is suing the hospital and the manufacturer of the device after receiving a radiation overdose. His suit will not only be on his behalf, will be a class action including the 206 other patients that have received radiation overdoses from the machine. The defect has gone undetected for over a year and a half.

The patient, Trevor Rees, and his Orange County personal injury lawyer assert that both the hospital and the maker of the device, General Electric, have been negligent in preforming the scans. The lawsuit is also alleging medical malpractice on the part of the hospital and product liability on the part of GE.

GE says the machine is not defective. Hospital officials claim the mistake occurred when staff reset the machine, but a misunderstanding about a default setting applied by the machine led to patients receiving eight times the normal dose of radiation. 40% of all the patients suffered hair loss as a result.

Rees says he experienced signs of radiation overdose shortly after the exposure, including losing hair on his head and eyebrows, and redness and flakiness of skin on his face and scalp. A while after the scan, hospital officials contacted him, asking him if he experienced any side effects, but they would not tell him why. The hospital did not inform him of the overdose until much later.

To read more about this case, see the article in the Silicone Valley Mercury News. Image Via Timsamoff [Flickr]

E. Coli-Tainted Spinach Lawsuit Settled

Tuesday, October 13th, 2009

Jasmine&RosesAn 85-year old woman who was victimized by the tainted spinach sold during the August 2006 E. coli outbreak has settled with the California growers and shippers responsible for her illness. Jane Majeska of Wisconsin was hospitalized after she consumed the tainted spinach she purchased from the local market. When she checked in, doctors recognized that she was suffering from hemolytic uremic syndrome and she required a feeding tube and ventilator just to survive the ordeal.

Three people died from consumption of the spinach and Mrs. Majeska was one of 200 to be hospitalized. The settlements for these injuries have remained confidential, but outside of lawsuits, the industry lost over $80 million of sales after the incident. Mrs. Majeska alone racked up over $500,000 in hospital bills to treat her illness.

It is for situations like this that product liability lawsuits exist. Consumers have a right to assume the food or product they purchase are safe. If you have been injured due to an unsafe food or other dangerous product, please contact an Orange County personal injury attorney.

More on the story can be seen in the Associated Press article. Image Via Jasmine & Rose

Toyota Accused of Concealing Evidence in Lawsuits

Monday, August 31st, 2009

sgt_spanky

The feds have filed a racketeering lawsuit against Toyota Motor Sales. The company is in hot water after a former high-ranking attorney for the company has come forward accusing the company of illegally concealing evidence in SUV rollover lawsuits. Dimitrios P. Biller, former attorney for the motor group, has claimed the company routinely withheld crucial evidence in lawsuits against SUV and pickup rollover accidents.

Biller claims he lost his job with the company after confronting Toyota officials about this withholding of evidence. He says executives repeatedly informed him they were not interested in complying with their legal obligation to present damaging evidence in the plaintiff’s favor.

Biller further went on to say that he was instructed to withhold and even destroy electronic evidence in rollover lawsuits. According to the accusations, Toyota engineers were instructed to commit perjury while on the stand. Engineers claimed to be unaware of the dangers of the vehicle, however, the lawsuits point to instability caused by a high center of gravity and narrow track width. The lawsuits claim Toyota was aware of the problem and failed to disclose that the vehicle performed poorly in safety tests. The cars have been shown to flip over at speeds as low as 32 miles per hour. The lawsuits further assert that Toyota could have employed Electronic Stability Control and alternative roof designs in order to make the vehicles safer.

Toyota is attempting to have the record sealed in these racketeering claims, due to fears that Biller will expose privileged information about the company. The decision will affect over 300 rollover lawsuits.

If you are considering filing an SUV rollover lawsuit against Toyota, or if you already have, please speak with an Orange County personal injury attorney to discuss how this decision may affect your case.

To read more about the lawsuits, please read more about it at CBS News. Image Via Kevitivity [Flickr]