Toyota Prius with stuck accelerator hits 90 mph before stopping
The driver of a Toyota Prius called 911 when his accelerator stuck and the car reached 90 mph before a California Highway Patrolman assisted the driver in stopping the car. While the driver said he was unable to stop with car with the brake, the police officer instructed him to apply the emergency brake at the same time he was applying the brake. This slowed the car down to 50 mph whereupon the driver turned the engine off. Thankfully, no one was injured. The complete story can be read here.
Some consumers complain about sudden acceleration after recall repair
There are recent reports of consumers who had their Toyota repaired as part of the recall for sudden acceleration, but still had sudden acceleration problems after the repairs. That raises the question as to whether Toyota has identified the problem of the sudden acceleration. Read the story here.
Toyota unsure if acceleration problem fixed with recall
In some amazing testimony from the Congressional hearings yesterday over Toyota's unintended acceleration problem with its cars, the following was heard in an exchange between Rep. Henry Waxman and James Lentz, III, president of Toyota Motor Sales USA:
Waxman: "Do you believe that the recall on the carpet changes and the recalls on the sticky pedals will solve the problem of sudden, unintended acceleration?"
Lentz: "Not totally"
Waxman: "What do you need to do?"
Lentz: "We need to continue to be vigilant and continue to investigate all of the complaints that we get from consumers -- that we have done a relatively poor job of doing in the past"
This exchange can be of little comfort to Toyota and Lexus owners. Essentially, Toyota is saying they are not sure if the acceleration problems will be fixed by modifying the accelerator. It already appears the floor mats was more of a red herring than an actual defect in the car. Now Toyota is saying the mechanical fix to the accelerator problem will not totally fix the problem. What Toyota has not fully addressed is reports of the electrical problems in its acceleration system.
One of the victims of the unintended acceleration in a Toyota, Rhonda Smith, testified yesterday about her near death experience in trying to stop a runaway Toyota. What is frightening is that she testified that when the accelerator stuck, she put the transmission in reverse, applied the emergency brake as well as pushing on the brake as hard as possible. However, the car did not slow down. Watch her testimony below.
If you or a loved one has been injured by a Toyota or Lexus due to unintended acceleration, you need to consult an experienced car defect attorney. At the Kisselburgh Law Firm, we have years of experience in representing clients injured by defective automobiles. You can contact us at 601-936-4040 or toll free at 877-601-4040.
Toyota sudden acceleration complaints seen as early as 2003
State Farm reported to the government a spike in complaints of sudden acceleration in 2004. A series of e-mails in 2004 between State Farm and NHTSA officials show that the government had already been investigating the issue of sudden acceleration in Toyotas. The National Highway Traffic Safety Administration, according to the Detroit News article, "had already begun looking into complaints of unintended acceleration in certain Toyota vehicles in 2003 before State Farm supplied any information on that topic...".
The e-mails show that there were complaints of sudden acceleration in the 2002-04 Toyota Camry and Camry Solara, and the 2002 Lexus ES 300, Further, in September 2007, Toyota agreed to recall 2007-08 Lexus ES 350 and 2007-08 Camry floor mats, but did not do any repairs to the accelerators.
This latest information raises the question as to whether the current recall is large enough given older Toyota Camry and Lexus vehicles were not included in the current recall. If the problem as been around since 2003, then there could be a number of vehicles on the roadway not subject to the recall.
Oregon jury awards 4.5 million to pain pump victim
An Oregon jury awarded $4.5 million to a man injured by a pain pump manufactured by I-Flow Corp. of Lake Forest, California. In 2004, Matthew Beale hurt his right shoulder while playing football. After surgery, doctors inserted a pain pump, which delivered pain medication directly into his shoulder through a catheter. Over the next few months, Beale complained of continued pain. Doctors found the cartilage in his shoulder joint was almost completely worn away, a condition known as chondrolysis. At trial, attorneys for Beale proved the unapproved use of the pain pump caused the chondrolysis, a permanent injury.
The case was considered a test case for many other lawsuits pending against the manufacturer of the pain pump for an unapproved use of the medical device. The pain pump was only approved by the FDA for use in soft tissue, but I-Flow marketed it directly to doctors without informing them of the risks of using it on joints. In fact, I-Flow had previously request the FDA to approve it for use in joints, but the request was denied. Other lawsuits are pending against I-Flow, Stryker, Sorenson and other manufacturers of these pain pumps. I-Flow was acquired by Kimberly-Clark last year.
If you have been injured by a pain pump, or other medical devices, call the Kisselburgh Law Firm for a free consultation to discuss your legal rights.
437,000 Prius vehicles recalled worldwide due to brake problems
In a follow-up to a previous post, Toyota announced it is recalling 437,000 Prius hybrid vehicles due to brake problems. The braking problem occurs in colder weather and on bumpy roads. This recall is the latest hit to Toyota which is still reeling from its failure to quickly address complaints of stuck accelerators on other Toyota models.
State Farm warned NHTSA about Toyota accelerator problem in 2007
State Farm Insurance warned federal safety regulators in 2007 about a rising report of unexpected acceleration in Toyotas. According to an article in today's Washington Post, a State Farm spokesperson said the alerts to the National Highway Traffic Safety Administration were "numerous" and not "everyday occurrences." State Farm would not elaborate further on the warnings given to U.S. government officials.
The evidence coming to light shows Toyota and the U.S. government knew about these problems long before initiating a recall of the vehicles. Expect some more information in the coming days as congressional hearings start tomorrow to determine who knew what and when.
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.
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:
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
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
The FDA slapped the hands of some drug companies who just couldn't help themselves by claiming their drugs could do things that had not be proven, from unproven weight loss to better looks. The best one, as highlighted in the article, was Bayer which claimed women were "looking and feeling great" when they took its contraceptive Mirena. The FDA, not amused by the claims, told Bayer:
FDA is not aware of any evidence suggesting that women who are using Mirena for birth control look great or feel great. Patients using Mirena may experience various side effects, such as irregular bleeding, ovarian cysts, back pain, weight increase, breast pain/tenderness, and acne, in addition to the side effects indicated above.... If you do, in fact, have data to support these claims, you should submit them to FDA for review.
