Toyota fixes cars in Europe long before U.S. recall
The Wall Street Journal is reporting that Toyota provided a fix for the accelerator problems in Europe almost six months ago. According to Toyota's quality chief, Toyota started receiving consumer complaints about sticky pedals in Europe in January and February, 2009. While company engineers struggled at first to diagnose the problem, they eventually identified condensation inside the pedal's mechanism as the cause and rolled out a fix in August, 2009.
If this is true, then Toyota will have some serious problems explaining to U.S. juries why they waited so long to fix a problem identified last January and which they corrected in Europe in August, 2009. This is the type of evidence that justifies large punitive damages awards in cases. How can you justify not fixing the pedals in U.S. cars and allowing U.S. citizens to be killed or injured by a defect that you are aware of and have provided a fix for in Europe. Not a good day, month, or year for Toyota.
If you or a loved one has been injured as a result of a struck accelerator in a Toyota vehicle, contact the Kisselburgh Law Firm for a free consultation. At the Kisselburgh Law Firm, we have years of experience in representing those injured by defective products. You can contact us at 877-601-4040 or 601-936-4040.
Just as Toyota is facing its public relations nightmare with the sticking accelerators, the National Highway Traffic Safety Administration announced it is launching an inquiry into allegations the Toyota Prius hybrid loses braking when it goes over uneven road or hits potholes. If true, hope no one is driving one in the Jackson, Mississippi area, given our current road conditions.
For more information on the investigation, click here.
If you or a loved one have been seriously injured due to a defect in your vehicle, such as the unintended acceleration in a number of Toyota models, or as a result of braking problems in the Toyota Prius, contact the Kisselburgh Law Firm for a free consultation to discuss your legal rights. At the Kisselburgh Law Firm, we have years of experience in representing individuals seriously injured by defective vehicles, car crashes, semi-truck wrecks, medical malpractice, defective prescription drugs, and on-the-job injuries. You can contact us at 877-601-4030, 601-936-4040, or contact us online by simply filling out the form to the right of this post.
Transportation Secretary retracts recommendation not to drive recalled Toyota vehicles
Toyota shares dropped when Transportation Secretary Roy LaHood told a congressional committee that drivers of the recalled Toyota vehicles should not drive them until they are fixed. Later at a press conference, LaHood retracted the statement and said, "What I meant to say ... was if you own one of these cars or if you're in doubt, take it to the dealer and they're going to fix it."
In congressional hearings, he said, "My advice is, if anybody owns one of these vehicles, stop driving it, take it to the Toyota dealer...." Seems clear to me. You decide.
FDA steps up enforcement against prescription drug manufacturers
In the first year of the Obama administration, enforcement letters from the Food and Drug Administration to drug manufacturers nearly doubled for improper marketing to healthcare professionals and patients. The FDA sent 41 enforcement letters in 2009 compared with 21 in 2008. The action shows the FDA under the Obama administration is going to be tougher on the drug manufacturers. It is about time.
The effects of these enforcement letters can be seen in some of the T.V. commercials for prescription drugs. Commercials for Pfizer's drug Chantix, marketed as a smoking cessation drug, now show one minute of safety warnings in comparison to its previous 14 seconds of safety warnings. The drug was linked to suicides in 2008. Plavix commercials now devote one-half of the commercial to safety warnings. Plavix, marketed by Bristol-Myers Squibb as protecting against future heart attacks and strokes, is linked to serious injuries including heart attacks, strokes, and internal bleeding.
When Margaret Hamburg was confirmed as FDA Commissioner in May 2009, she promised the FDA would more aggressively enforce existing guidelines and she has lived up to the promise, at least when it comes to drug marketing.
Mississippi Supreme Court tells Governor Barbor--you have no authority to cut our budget
In a constitutional showdown, not quite as large as between the U.S. Supreme Court and Richard Nixon over some secret tape recordings back in the early 70s, the Mississippi Supreme Court issued an order yesterday telling the Governor and others that the Executive Branch did not have the authority to cut the budget of the Mississippi Courts. Chief Justice William Waller, Jr. and the other Supreme Court Justices reminded the Governor there are three equal branches of government. The Court held the Legislature has the duty to fund the Judicial branch and the Executive branch lacks the authority to cut the funds of the Judicial branch. As the Court stated,
"To the extent that State Fiscal Officer interprets Section 27-104-13 to authorize reductions in the judicial branch's budget, we hold that such interpretation is inconsistent with the Constitution of the State of Mississippi. We therefore hold that any funds duly appropriated for the judicial branch of government are not subject to reduction pursuant to Section 27-104-13."
On this round, the Governor overstepped his constitutional power and the Mississippi Supreme Court smacked him down. I think it is safe to assume there were many meetings between the different branches prior to the Court issuing this order. It appears the Governor was not willing to back down, so the Court stepped up.
Tractor trailer driver watching porn on laptop strikes and kills motorist
State police in New York are reporting that a truck driver who struck a disabled car last month in New York, killing the driver of the car, was watching poronographic movies on his laptop computer at the time of the crash. According to the report, Thomas Wallace of Brook Park, Ohio was arrested this week on charges of second-degree manslaughter for the death of 33-year-old Julie Stratton, a mother of two.
This epitomizes the problems with technology in vehicles. It is a distraction that kills. Whether it is texting, watching videos on a computer, or playing with a cell phone, the fact is that the cab of a tractor-trailer is no place to be multitasking.
Recently, the government conducted a study of the problems with operating a tractor-trailer while texting. The study, "Driver Distraction in Commercial Vehicle Operations", showed that the most risky behavior was text messaging on cell phones and that a driver texting was 23.2 times more likely to be involved in an accident while texting while driving. Technology has its place, but most of it has no place in the driver's seat of a big rig truck or any other vehicle.
Toyota halts production of 8 models due to accelerator problems
Toyota has temporarily ceased production of 8 different Toyota models due to accelerator problems that have left the company searching for answers. According to the press release, Toyota instructed its dealers to remove the models from the sales floor and will temporarily cease production of the models. The eight models are:
Big rig trucks and bus drivers banned from texting while driving
U.S. Department of Transportation Secretary Ray LaHood announced today that drivers of commercial vehicles, including large trucks and buses, are banned from texting on handheld devices while driving. About time! Those who break the law are subject to civil or criminal penalties of up to $2,750. Unfortunately, the rule did not go far enough.
As I previously posted, the rule should have included texting on the on-board computers on the big rigs. These computers have become prevalent on tractor-trailer rigs and using these devices while driving is just as deadly as texting on a hand-held device. Hopefully, this will be the next step in increasing the safety of those on our public roadways.
Meridia banned in Europe, only gets contraindication in U.S.
Last week, European drug regulators advised doctors to stop prescribing the European equivalents of Meridia, a drug designed for weight loss. The Food and Drug Administration, on the other hand, only required a new contraindication that the drug not be used by people with a history of heart attacks or strokes, or who have uncontrolled high blood pressure. The amazing thing is the reactions by both drug regulators were due to the same data.
Raw data from a recent study indicated that people with certain health problems who took Meridia had more heart attacks, strokes, and cardiovascular problems than people getting a placebo. Europe bans the drug and America just adds a contraindication. I smell politics at work again at the FDA. The study was a first of its kind in that it tried to verify the claims of drug manufacturers that weight loss drugs, such as Meridia, could reduce cardiovascular risks. The results showed just the opposite for Meridia--it increases the risk of heart attack, stroke, and other cardiovascular problems.
1.5 million Graco strollers recalled due to amputation risk
The Consumer Product Safety Commission announced a recall of Graco strollers that could cause fingertip amputation and laceration hazards to children. Graco, an Atlanta, Georgia based company, recalled approximately 1.5 million strollers, including three models of the Strollers and Travel Systems. The recall includes Graco's Passage™, Alano™, and Spree™ Strollers and Travel Systems, which were manufactured in China from October 2004 to February 2008. The strollers were sold at Burlington Coat Factory, Babies "R" Us, Toys "R" Us, Kmart, Sears, Target, Walmart and other retailers throughout the U.S. For more information on the recall, contact Graco at 800-345-4109 or visit the firm's web site at www.gracobaby.com
2 dead after a pickup truck and tractor trailer collide in Forrest County, Mississippi
Late yesterday afternoon, two men were killed in a four vehicle accident involving an 18-wheeler, a Dodge Charger, Honda Accord, and a Ford Ranger pickup truck. The two killed were Percy L. Jones and Benjamin Gray. According to authorities, the pickup truck, driven by Jones, was rear-ended by the 18 wheeler. Gray was a passenger in the pickup truck. One other person was transported to a local hospital. There is still some question as to the exact chain of events leading up to the collision and law enforcement officials are investigating.
New initiative intended to reduce deadly medication errors
The U.S. Food and Drug Administration estimates that medication errors cause at least one death per day and injure approximately 1.3 million people annually in the United States. Today's Wall Street Journal says a new effort is underway to spread the word about medication errors and offer advice to prevent similar mistakes. Read about the effort here.
U.S. Attorney brings charges of kickbacks against J&J in nursing home prescription drugs
The U.S. Attorney in Boston brought charges against Johnson & Johnson and two of its subsidiaries for paying kickbacks to Omnicare, Inc., the biggest dispenser of prescription drugs in nursing homes. The article says prosecutors alleged Omnicare pharmacists recommended nursing home patients with signs of Alzherimer's to be put on Risperdal, a powerful schizophrenia drug linked to increased deaths.
This filing comes on the heels of the Food & Drug Administration claiming Johnson & Johnson's delayed its recall of Tylenol and other over-the-counter medications for over a year given J&J first knew of problems in September, 2008.
Fifth Circuit Court of Appeals disagrees with Reglan generic drug manufacturer on preemption issue
The U.S. Supreme Court, in Wyeth v. Levine, ruled that the FDA regulations governing pharmaceuticals does not preempt a state-law failure-to-warn claim against the manufacturer of a name brand drug. However, the generic manufacturer of Reglan, Actavis, argued that the Food and Drug Administration (FDA) requires the generic drug manufacturer to use the same drug label as the name brand drug manufacturer. Reglan, a drug intended to treat gastroesophageal reflux, has been associated with tardive dyskinesia, an incurable neurological movement disorder. Actavis produced and sold a generic form of Reglan known as Metoclopramide Tablets.
The arguments by Actavis were spurious at best. The fact is the FDA regulations allow a name brand drug manufacturer to change a label if important safety information needs to be communicated. I've never heard of the FDA later stating warning doctors and consumers about adverse effects of a drug is mislabeling a product. Rather, the federal regulations allow changes to the label without prior FDA approval if the labeling "adds or strengthens a contraindication, warning, precaution, or adverse reaction." In reality, what you usually find, as I found in previous lawsuits against drug manufacturers, is the drug company is doing everything in its power to keep the warning as watered down as possible. Why? Because the bad effects of the drug means less sales.
Further, drug manufacturers know that the federal regulations regarding labeling for safety issues are the minimum standard. At the deposition of an American Home Products, now Wyeth, employee charged with supervising labeling changes, he admitted to me that the FDA labeling regulations are minimum standards that can be exceeded by the drug manufacturer as well as admitting that a labeling change seeking to add or strengthen a warning could be made by a manufacturer without prior FDA approval. Only their executives and lawyers seem to think otherwise.
So how did the Fifth Circuit rule in this case? Last week in Demahy v. Actavis, Inc., the Court held the FDA regulations do not prohibit a generic manufacturer from changing the labeling for safety related issues. In fact, the FDA regulations only require that the initial labeling for the generic drug be the same as the name brand drug. The regulations are silent as to whether further changes are prohibited. The Court found the FDA regulations make clear that "the manufacturer bears responsibility for the content of its label at all times. It is charged both with crafting an adequate label and with ensuring that its warnings remain adequate as long as the drug is on the market." The Court further held that, "as for maintaining an adequate label, the regulatory framework makes plain that manufacturers-name brand and generic alike-must act to warn customers when they learn that they may be marketing an unsafe drug."
This case is another example of the Bush Administrations' attempts to have federal law preempt state product liability law fail. Thankfully, in Wyeth v. Levine, the U. S. Supreme Court stopped the swing of the pendulum towards preemption of state product liability laws. Name brand and generic drug manufacturers will have to face state court juries when they fail to warn doctors and consumers of safety information and consumers are later harmed by their failure to warn.
Tylenol & other drugs feared contaminated; J&J expands recall
Johnson & Johnson has expanded a previous recall of Tylenol to include the following medications: Children's Motrin, Children's Tylenol, Benadryl, Extra Strength Tylenol, Tylenol 8 Hour, Tylenol Arthritis, Tylenol PM Motrin IB, Regular Strength Tylenol, Rolaids, Simply Sleep and St. Joseph Aspirin.
The recall is due to possible contamination by a chemical called 2,4,6-tribromoanisole that causes an unusual odor and has caused some customers to experience nausea, stomach pain, vomiting, or diarrhea. Customers are advised to stop using the product and contact the company either www.mcneilproductrecall.com or 1-888-222-6036
