North Carolina Product Liability Blog

Nissan Issues Recalls on Altimas

Law Office of D. Hardison Wood — Wed, 01 May 2013 15:23:14 -0500

Nissan has issued a recall of about 123,000 Altimas. The recall affects 2013 models. Apparently, Nissan had a faulty gauge on on an air pump that was either under or over inflating the spare tire causing them to blow out.

According to documents filed with the National Highway Traffic Safety Administration, Nissan had a faulty inflation gauge on an air pump that was either over-inflating or under-inflating spare tires. Read the Article Here

The spare tires were blowing while being stored in the trunks of the vehicle. Nissan says it will ask owners to have the cars taken to a dealership to have their spare tire inspected.

3.4 Million Cars Recalled

Law Office of D. Hardison Wood — Thu, 11 Apr 2013 15:13:13 -0500

Toyota, Nissa, Honda and Mazda have issued a recall affected 3.4 Million vehicles. The recall revolves around possible faulty airbags that may cause a fire or inadvertently fire causing personal injuries to the occupants. The large manufacturers rely on smaller companies and manufacturers for their parts.

The recall is the largest ever for airbags made by Takata Corp., the world's second-largest supplier of airbags and seatbelts. Due to a manufacturing defect in the propellant for the inflator, the airbag for the front passenger seat may not inflate correctly. As a result, there is a risk of fires starting or of passengers being injured. The faulty airbags were manufactured between 2000 and 2002 in a Takata factory in Mexico. Read more

The recall seems to be centered around cars from 2000-2004. There are reports that there is at least one known instance where the airbag deployed too forcefully. Dealers are likely to handle the required repairs.

Jury Finds Against Nissan

Law Office of D. Hardison Wood — Fri, 22 Mar 2013 20:49:51 -0500

A NJ jury found in favor of a man who was injured when a tire fell off a truck, hit the roof of his Nissan Altima and caused severe personal injury. The Plaintiff's attorneys argued and provided evidence that the design of the Altima was defective.

"Design engineers know how to design a good roof, it's not really a problem in American-made cars but what we found is it's a problem in these Altimas," she said. Read more

The jury found that the car was defectively made and that there are other designs that are available which could have prevented such extensive damage. The NJ jury awarded $4.2M.

Faulty Child Locks Leads to Recall

Law Office of D. Hardison Wood — Mon, 18 Mar 2013 15:34:01 -0500

Ford has recalled certain 2013 models due to a potential failure of their child safety locks. The cars involved are Focus, C-Max, and Escape models. The recall includes 5,675 cars - adults may think they child safety lock is engaged, but due to its faulty manufacturing, a child may still be able to open the car door from inside the vehicle.

In a document filed with the National Highway Traffic Safety Administration, the car maker said the child locks on the left rear door of some vehicles were improperly made. The locks may not engage when drivers or other adults try to activate them. As a result the driver may think the child lock is engaged when it is not. Read more

Supreme Court to hear Liability Arguments Against Generic Drug Maker

Law Office of D. Hardison Wood — Tue, 05 Mar 2013 12:46:14 -0500

The Supreme Court is getting ready to hear a case against a generic anti-inflammatory drug called Sulindac. Sulidac is distributed by Mutual Pharmaceutical Company. Karen Bartlett sued the company for a defective product after taking the medication fro shoulder pain and instead had her

skin began to slough off until nearly two-thirds of it was gone.

She spent almost two months in a burn unit, and months more in a medically induced coma. The reaction permanently damaged her lungs and esophagus and rendered her legally blind.

Ms. Bartlett won her case against the company in Federal District court in New Hampshire. The verdict was appealed and the appeals court upheld the verdict. Now the manufacturer is appealing it to the Supreme Court. Previously, the Supreme Court ruled that generic drug makers cannot be held liable for ineffective warning labels on drugs. The manufacturer in this instance is saying the same reasoning exists as why they should not be responsible for the damage caused to Ms. Bartlett.

Mutual is appealing a decision by the United States Court of Appeals for the First Circuit, in Boston, that upheld the jury verdict and argued that even if Mutual could not have changed the drug’s design, it had no obligation to continue selling a defective product and could have taken the drug off the market.

Ms. Bartlett's attorney contents:

hat presumes the F.D.A. always has all the information and that drug companies never have incentive to hide it from them.” He said lawsuits like Ms. Bartlett’s could uncover new information about the safety of a drug.

In the case of sulindac, he presented evidence at trial that patients taking the drug were more at risk of developing the condition that Ms. Bartlett contracted, known as toxic epidermal necrolysis, a severe form of a related condition called Stevens-Johnson Syndrome, than those taking other, similar pain drugs.

Ms. Bartlett is no longer independent and is legally blind. Similarly to many of our clients who have been injured due to a defective product she just wants to ensure the a dangerous product is not continuing to be sold on the open market where others can be injured as well. Ms. Bartlett says:

I think the generic companies as well as brand-name companies, they should be held accountable for the medicines that they put out there

NHTSA investigates Toyota, Ford and Honda

Law Office of D. Hardison Wood — Mon, 25 Feb 2013 13:13:53 -0500

NHTSA has not issued any recalls but instead has launched an investigation into various models. First off, 561,000 Toyota Prius are under NHTSA investigation. There have been reports that the steering shaft was not assembled correctly. This investigations appears to be focusing on 2004-2009 model years. In 2012, Toyota had the highest number of recalled cars.

In 2012, Toyota had the most vehicles recalled of any brand in the U.S. market, the third time it achieved that dubious distinction in four years. And it has already had 1 million vehicles recalled since the beginning of 2013.

NHTSA is also investigating approximately 724,000 Ford Fusion, Escape and Mercury Mariner and Milan vehicles. There have been several reports of stalled vehicles or losing power.

The problem could be the result of several issues including contaminated printed circuit boards and faulty throttle body assemblies. Vehicles produced between 2009 and 2011 are involved in the investigation.

87,000, model year 2005, Honda Pilots are also under investigation by NHTSA. There have been numerous reports of braking issues with the Pilot. The entire article may be accessed here.

Boeing 787 Dreamliner to take Flight

Law Office of D. Hardison Wood — Thu, 07 Feb 2013 12:11:36 -0500

The FAA had grounded the Boeing 787 Dreamliner fleet of 50 on January 16th when the plane had caught fire in Boston due to problems with a lithum-ion battery.

That came after a lithium-ion battery aboard an All Nippon Airways flight caught fire in Boston nine days earlier.

Boeing had made a request on Monday to the FAA for a "ferry" flight - since they believed additional testing needed to be done while the aircraft was in flight. The FAA has granted Boeing's wish. There will not be any passengers on board. However, there will be people required to run several inspections while in flight.

They will have to perform a number of inspections to make sure batteries and related cables show no signs of damage.

"While airborne, the crew must continuously monitor the flight computer for battery related messages and land immediately if one occurs," the FAA said in a statement.

United Airlines has had to ground its fleet of six 787s while the problem with the lithium problems is fully investigated. read more

These lithium batteries have been called an unreasonable risk.

"We've had two major fires on-board cargo planes with lithium ion batteries. One that was a fatal crash in Dubai.

And then in a test in 2010, they found out that the battery they wanted to use was probably the most flammable you could use and we really didn't know what was going to happen until this stuff happened.

He added, "The irony here is, as a passenger today, most airlines will tell you you cannot check a lithium ion battery in your luggage on the plane and yet the airline is allowed to carry it as a cargo. This is going to get changed." (cbs news)

Numerous Recalls - Jan 31

Law Office of D. Hardison Wood — Mon, 04 Feb 2013 22:10:02 -0500

The end of January not only brought the first month of 2013 to a close but also meant numerous recalls being announced by the CPSC.

Triaminic and Theraflu products were recalled due their lack of child resistant packaging.

These child-resistant caps can fail to function properly and enable the cap to be removed by a child with the tamper-evident seal in place, posing a risk of unintentional ingestion and poisoning.

Megafood Daily One Supplements manufactured by FoodState also was recalled due to lack of child resistant packaging.

The packaging is not child-resistant as required by the Poison Prevention Packaging Act.

Nanospheres Magnetic Desk Toys made by Kringles Toys and Gifts, and Magnet Balls Manipulative Magnet Sets made by SCS Direct and both sold exclusively by Amazon.com, was recalled due to the hazard magnet indigestion poses for children. If two or more magnets are ingested they can link together causing severe damage or perforation to the intestines.

World Imports issued a recall to their bunks beds due to a safety violation.

The openings between the metal rails of the end structures are greater than allowed in the standard and pose a risk of entrapment or asphyxiation hazard.

The recall of the beds extended to approximately 8,600 units.

To see all recent recalls visit the CPSC website.

NHTSA says 17,8 Million Products Recalled in 2012

Law Office of D. Hardison Wood — Wed, 30 Jan 2013 01:09:08 -0500

NHTSA announced that in 2012 manufactures filed more than 650 safety recalls which in essence affected more than 17,8 million vehicles, child safety seats, or vehicle equipment.

Most of the recalls were initiated by consumer complaints according to the announcement.

Many recalls are initiated by consumer complaints. In 2012, NHTSA received 41,912 complaints concerning potential safety defects, 49,417 in 2011, and 65,765 in 2010. "The role of the consumer in influencing auto recalls cannot be under-estimated," said NHTSA Administrator David Strickland. "Consumers are the lifeblood of the recall process and recalls are often the direct result of a government investigation into consumer complaints."

Recalls are an extremely important safety issue. It is vital that consumers are made aware of dangerous products in order to prevent serious injury. In order to review the entire announcement click here.

CPSC Sues Star Networks

Law Office of D. Hardison Wood — Tue, 29 Jan 2013 11:01:15 -0500

The CPSC filed a complaint against Star Networks USA out of Fairfield, NJ. The CPSC alleged that Magnicube Magnet Balls and Magnet Cubes are defectively designed and the packaging pose a danger to the public.

High-powered magnets are a safety risk to children - toddler through teen. An increasing number of incidents reported to CPSC indicate that children are swallowing these magnets and the injuries are serious.

When two or more magnets are swallowed, they attract to each other internally. Many incidents have resulted in surgeries to remove the magnets. When a magnet has to be removed surgically, it also can require repairing the child's damaged stomach and intestines.

If you suspect magnets have been swallowed:

Seek immediate medical attention
Medical symptoms to watch for are: abdominal pains, nausea, vomiting and diarrhea.
In X-rays, multiple magnetic pieces may appear as a single object.

The CPSC states that Star Networks failed to issue a recall.

In response to a request from CPSC staff in July 2012, 11 firms, including Star Networks, voluntarily agreed to stop selling similar products. CPSC staff called upon these firms to cease the manufacture, importation, distribution, and sale of high-powered, manipulative magnetic products after young children and teenagers swallowed multiple magnets, which connected inside their gastrointestinal tracts and caused internal injuries requiring surgery.

Star Networks chose not to comply with the voluntary recall and resumed sale of the products in November.

Distracted Driving Facts & Statistics: An Infographic

Law Office of D. Hardison Wood — Mon, 10 Dec 2012 14:14:58 -0500

In order to raise awareness for those drivers who use their cellular products irresponsibly while driving we've created an infographic for December!

Parasailing Judgement

Law Office of D. Hardison Wood — Mon, 24 Sep 2012 20:41:13 -0500

Recently we wrote about the recent call for regulations to be imposed on the parasailing industry. Now an insurance company, Marine Specialty Management, has been ordered to finish paying $100,000 in the deaths of two people back in 2009.

president of Marine Specialty Management, Craig Reynolds, had been ordered last December to pay $100,000 as part of an insurance claim for the deaths.

Reynolds' company was ordered in federal court in Wilmington on Thursday to pay the remaining $40,000 to settle the matter.

The couple had been allowed to go parasailing even though a tropical storm was approaching. The boat was operated by Ocean Isle Beach Watersports and NC Watersports. The article can be found here.

Trampolines and Safety Concerns issued by AAP

Law Office of D. Hardison Wood — Mon, 24 Sep 2012 08:09:55 -0500

The American Academy of Pediatrics are saying that trampolines are too dangerous for children to use. They have issued a warning against them after nearly 100,000 injuries occurred in 2009.

But even when safety precautions are taken, trampolines can still be dangerous, said Dr. Michele LaBotz, a lead author of the new AAP statement and a sports medicine physician at Intermed Sports Medicine in Portland, Me.

And attempts by the trampoline industry to make things safer, like the addition of nets, don’t seem to have made much difference, LaBotz said. They do, however, tend to lull parents into a false sense of security.

National Electronic Injury Surveillance System data has indicated that smaller/younger children are at a greater risk for serious injury especially when jumping alongside others.

Among the most common injuries in all age groups, include sprains, strains and contusions. Falls from the trampoline accounted for 37 to 39 percent of all injuries and can be potentially catastrophic, the authors reported. (read more)

The trampoline industry maintains that since the addition of the safety net, the number of injuries has been on the decline.

Mark Publicover, founder and president of JumpSport Inc, a trampoline manufacturer in San Jose, California, scoffed at the AAP's recommendations.

He said he invented a safety net that encircles the trampoline and cuts the number of injuries by half.

For parents who are unwilling to stop their kids from using trampolines, the AAP offers a number of tips to make the activity safer.

Those steps include checking that your insurance policy covers trampoline-related claims; using the mat one at a time, having effective padding around springs and frame, placing the trampoline on level ground, avoiding somersaults and flips and actively supervising kids. (read more)

Safety precautions will be paramount while using a backyard trampoline.

Parasailing -Hidden Dangers

Law Office of D. Hardison Wood — Tue, 11 Sep 2012 12:17:53 -0500

This summer a woman from Connecticut was killed while vacationing while parasailing in Florida while on vacation with her husband. Reports have stated that officials have indicated the equipment may have malfunctioned. This tragedy has brought on the discussion about the lack of regulations on the parasailing industry. Currently the equipment, such as the rope, harness, chutes, towlines, etc. are not regulated by the state or the federal government. Therefore, there are no minimum standards that are required as we have in motor vehicles and other products.

Right now, the only requirements for parasailing are the U.S. Coast Guard's approval of the vessel and a boating license. The equipment directly associated with the recreational sport--the harness, the parasail chutes, any towlines--are not regulated.

Legislation is being reintroduced in an effort to ensure safety in the equipment being used for parasailing adventures.

Sachs' legislation would prohibit parasailing under certain weather conditions and operation within certain distance of shore and fixed objects. It would require insurance coverage and define safety protection measures, including inspection of ropes and harnesses.

If you or loved one has been injured by a defective product or by a products which is inherently dangerous, contact the Law Office of D. Hardison Wood to discuss your matter. 919.233.0520.

Death Prompts Recall

Law Office of D. Hardison Wood — Tue, 24 Jul 2012 15:51:23 -0500

Peg Perego is recalling 223,000 strollers due to a risk of strangulation. The recall follows the death of a 6 month old boy from California whose head became entrapped between the seat and the tray. A 7 month old girl from NY also became entrapped when her head was stuck between the seat and the tray in 2006.

The strollers involved are older.

The recall involves two different older versions of the Peg Perego strollers, Venezia and Pliko-P3, manufactured between January 2004 and September 2007, in a variety of colors. They were manufactured prior to the existence of the January 2008 voluntary industry standard which addresses the height of the opening between the stroller's tray and the seat bottom. The voluntary standard requires larger stroller openings that prevent infant entrapment and strangulation hazards.

Only strollers that have a child tray with one cup holder are part of this recall. Strollers with a bumper bar in front of the child or a tray with two cup holders are not included in this recall.

To read the entire notice from the CPSC click here.

Kolcraft has also announced a recall of approximately 5600 strollers after receiving reports of the front wheel assembly breaking which can pose a fall hazard. To read the notice click here.

The front wheel assembly can break, posing a fall hazard to the child in the stroller. In addition, for strollers manufactured in January and February 2012, the nuts that hold the stroller's basket support screws in place can detach. Detached nuts can pose a choking hazard to young children.

The recall involves the Contours Options LT Tandem strollers with model number ZT012.

Ford, Honda, Nissan Recalls

Law Office of D. Hardison Wood — Thu, 19 Jul 2012 13:38:16 -0500

Ford has issued a recall of certain 2013 Escapes with 1.6 liter engines. Ford is warning customers not to drive these vehicles. There is a potential of a fuel line leak which could result in a fire.

Ford Motor Co. is advising owners of an estimated 11,500 new Escapes to park their vehicles until they can be repaired by dealers due to potential fuel line leaks that could cause fires. Unlike most recalls where makers may take up to a month to notify owners and begin repairs, Ford is urging immediate action in this case [Read more]

Honda has issued a recall of 321,000 CR-Vs from the 21012 model year and an additional 7,300 MY 2013 Acura ILX vehicles.

Honda says that if the inside driver or passenger door handles are used at the same time as the power or manual door locks, the inner door latch may not work. This means a door may not latch, or it could latch and open when the locks are used. [Read more]

Nissan is recalling certain model year 2012 Juke. Due to an improper weld penetration the rear seat back striker may separate during a crash. Read the report from NHTSA.

Chrysler Probe Expands

Law Office of D. Hardison Wood — Thu, 14 Jun 2012 12:08:05 -0500

Two years ago NHTSA launched an investigation into whether an usual number of Chrysler vehicles caught fire after rear end collisions. Originally the focus was on 3 million Jeep Grand Cherokees. Now NHTSA has added an additional 2.1 million Jeep Cherokees and Jeep Liberty SUVs manufactured between 1993 and 2001.

Central to the investigation are concerns of the plastic rear mounted gas tank which may lead to higher incidence of fires. So far NHTSA has received reports of 15 deaths and 41 injuries related to this potential problem.

According to a government analysis, there is “a higher incidence of rear-impact, fatal fire crashes for the Jeep products.”

Chrysler officials downplay the issue, though David Dillon, Chrysler’s head of product investigations, acknowledged in an interview with the Detroit News that, “Grand Cherokee may have more of these events than their competitors.” But, on the whole, Dillon insisted, “Those vehicles essentially are performing the same as their peers.”

Jeep Liberty Recall Expanded

Law Office of D. Hardison Wood — Mon, 11 Jun 2012 15:04:13 -0500

The recall for the Jeep Liberty was just expanded to cover nearly 350,000 vehicles. According to NHTSA

the lower control arms in Liberty’s rear suspension can experience excess corrosion that can cause them to weaken and break. In such a situation that could lead to a loss of control and a possible crash, NHTSA warns. (Read more)

Evenflo recalls High chairs

Law Office of D. Hardison Wood — Fri, 08 Jun 2012 15:19:53 -0500

35,000 convertible Evenflo high chairs were recalled due to a fall hazard. The activity tray has been reported to unexpectedly become disengaged leading to a potentially dangerous fall hazard for unrestrained children. So far 18 reports have been filed. These high chairs have been sold at stores such a Walmart and Toys R us. They retail for about $40. To read more on the recall click here.

Lexus Recall

Law Office of D. Hardison Wood — Tue, 29 May 2012 15:14:53 -0500

Toyota Motor Corp has issued a recall of certain model year 2013 Lexus G2 350 Sedans. There appears to be a problem with the steering which may lead to a crash.

On the affected vehicles the electronic control unit or ECU that controls the variable gear ratio of the steering system could cause the steering wheel to be off-center. In a document filed with the National Highway Traffic Safety Administration the car maker said the problem can affect the car when it is restarted after being parked with the steering wheel turned.

If this happens the driver may not realize the steering wheel is off-center, and the car may move in an unexpected direction and possibly cause a crash.

The recall is to affect about 663 vehicles made between December 12, 2011 and February 7, 2012. To read more click here.