Mississippi Injury Lawyer Blog

Ex-attorney says Toyota destroyed and withheld evidence in rollover cases

The news just got bad for Toyota Motors with the filing of a lawsuit by an ex-attorney for Toyota. Dimitrios Biller dropped a bombshell when he sued Toyota Motors Corporation in July claiming that the U.S. unit of Toyota destroyed evidence and ignored court orders to turn over electronically stored data in a number of rollover cases. According to the Complaint filed in the U.S. District Court, Central California, Toyota Motor Corporation, its U.S. subsidiaries and a number of key Toyota executives, "conspired, and continue to conspire, to unlawfully withhold evidence from plaintiffs and obstruct justice in lawsuits throughout the United States against Toyota."

Biller, who worked for Toyota from 2003 until 2007, was the former National Managing Counsel in charge of Toyota's National Rollover Program. Essentially, Biller coordinated discovery responses for Toyota in cases where it had been sued by those injured in a Toyota vehicle and claimed a rollover defect caused their injuries. Having handled these types of cases before, the argument is usually the vehicle was defectively designed because it did not protect the occupants of the vehicle during a rollover accident given the roof crushed into the passenger compartment. Many times, the roof crush results in death and/or quadriplegia/paraplegia. In the United States, there are minimum standards vehicle manufacturers must adhere to in order to protect occupants during a rollover crash.

According to Biller, when he took over his role as coordinating attorney, he found Toyota was not producing certain electronically stored information. In today's world, that is a lot of data. More disconcerting is that Toyota was ordered by a number of different state and federal courts to produce the material, but Biller alleges he was instructed not to comply with the orders. As Biller stated in his complaint, when he sought to ignore his superiors' orders not to produce the material, he was told by a superior to obey the Golden Rule--"protect the client at all cost even if that means committing illegal actions."

Now, Mr. Biller is suing for Toyota terminating his employment; however, Toyota's bigger concerns are the hundreds of cases impacted by Toyota's alleged conduct. Not surprisingly, Toyota responded to this lawsuit by seeking to seal the records. Oops. Too late. If these allegations are true, Toyota Motor Corporation is facing some huge legal problems. Many of those litigants impacted by Toyota's wrongful conduct will file lawsuits seeking to reopen the cases. Today, CBS News reported a class action lawsuit was filed in U.S. District Court in Los Angeles, California, seeking to represent all plaintiffs who lost or settled cases in which Toyota allegedly concealed evidence.

There are also allegations Toyota withheld relevant data from a federal agency, the National Highway Traffic Safety Administration (NHTSA), charged with ensuring vehicles sold in the United States meets certain minimum safety standards. When the U.S. Government suggested that the standards for minimum roof crush be strengthened (FMVSS 216), it asked manufacturers for information regarding the proposed changes. Biller alleges Toyota

"withheld the original engineering report concluding that [Toyota] could start manufacturing vehicles under the standard... Instead, [Toyota] hired another engineering firm to give a second, different opinion, and that second report was provided to NHTSA. The original report never was provided and was 'buried.'"

If you or a loved one has been injured in a rollover accident, you should contat an attorney to discuss your legal rights. At the Kisselburgh Law Firm, we have experience in representing those injured by defective vehicles. Contact us online or call us at 601-936-4040.

FDA looking into reports of liver damage from use of diet pills alli and Xenical

The Food and Drug Administration is reviewing the safety of Orlistat (alli and Xenical) due to more than 30 reports of liver damage in patients taking the drugs. Orlistat is marketed in the United States in the prescription form as Xenical and as an over-the-counter drug alli. alli is half the strength of Xenical.

According to the FDA,

Between 1999 and October 2008, 32 reports of serious liver injury, including 6 cases of liver failure, in patients using orlistat were submitted to FDA's Adverse Event Reporting System. Thirty of the 32 reports occurred outside the United States. The most commonly reported adverse events described in the 32 reports of serious liver injury were jaundice (yellowing of the skin or whites of the eyes), weakness, and abdominal pain. Hospitalization was reported in 27 of the 32 cases.

In addition to the 32 reported cases, this issue was discussed at the CDER Drug Safety Oversight Board in April 2009, and FDA is reviewing other data on suspected cases of liver injury submitted by the manufacturers of orlistat. FDA's analysis of these data is ongoing and no definite association between liver injury and orlistat has been established at this time.

Both of these drugs were approved by the FDA for weight loss, although it is highly suspect how effective these medications can be. Unfortunately, people are led to believe that weight loss can be found in a pill. The facts usually show that the weight loss from such drugs is negligible and not worth the risks of taking these drugs.

If you or a loved one has been injured while taking either of these medications, you should consult with an attorney. At the Kisselburgh Law Firm, we have years of experience in representing those injured by the use of prescription medications. Contact us online or call 601-936-4040 for a free consultation.

Hattiesburg drunk driver kills University of Southern Mississippi student

Early this morning in Hattiesburg, a drunk driver broadsided a car carrying four University of Southern Mississippi students, killing one and critically injuring another. University of Southern Mississippi freshman Lejulia Dorothy White was killed while another student was critically injured. Two others suffered non-life threatening injuries according to reports. The driver of the SUV was arrested on DUI death charges.

This is every parent's nightmare as students go off to college. With the Labor Day weekend approaching, police are stepping up patrols in an attempt to cut down on drunk driving but unfortunately, these senseless tragedies still occur.

The Kisselburgh Law Firm is a Mississippi injury law firm which handles all types of
cases involving serious injury or death including drunk driving accidents, car accidents, tractor-trailer accidents, motorcycle accidents, and injuries from defective products. If you have questions, call us at 601.936.4040 or contact us online.