November 27, 2011

Concerns Raised in Government Tests over Safety of Chevrolet's Volt

A recent article by MSNBC reports that the National Highway Traffic Safety Administration said it's investigating fire risks associated with Chevrolet’s Volt automobile after the model caught fire in a government safety crash test.

Investigations seem to point to the vehicles lithium-ion batteries; as a result, the National Highway Traffic Safety Administration (NHTSA) is conducting additional testing on Chevrolet Volts, and has asked the manufacturers of other electric vehicles to provide information on the protocols they have established for discharging and handling their lithium-ion batteries. Continued investigations are being done for the purpose of discovering any potential methods of mitigating fire risks in electric vehicles.

The Chevrolet Volt is manufactured under General Motors’ (GM’s) brand of Chevrolet automobiles. General Motors is an American automobile manufacturing corporation, and is the second-largest automobile production company in the world. GM’s business extends to 157 countries, and sells automobiles under the brands Buick, Cadillac, Chevrolet, GMC, Opel, Vauxhall, and Holden.

GM spokesperson Greg Martin stated publicly that "this particular unique instance is nothing a consumer would experience in the normal operation of the vehicle." Although no similar fires have yet been reported by consumers of the Chevrolet Volt outside of testing conditions, the fact still remains that a potential for hazard still exists. A number of situations have arisen involving garage fires from Chevrolet Volts, but the NHTSA’s public statement asserted that the NHTSA does not believe the Volt or other electric vehicles are at a greater risk of fire than gasoline-powered vehicles.

When a company manufactures a product to be marketed to the public, the company is responsible for ensuring the safety of those products. There are three main types of Illinois product liability claims:

1. A manufacturing defect, which generally occurs when an otherwise safe product is assembled carelessly;
2. A design defect, which occurs when, no matter how well the product is put together, its intent or layout is inherently dangerous;
3. A failure to warn, which can occur when a product markets a product that they know to be potentially hazardous, and fails to warn consumers of the latent danger.

In the situation involving the Chevrolet Volt’s lithium-ion battery, the potentially hazardous battery is a form of a design defect. The corporation producing the product may therefore be held legally responsible if the product causes injury to consumers, even if the manufacturer was not negligent in making that product defective.

If injuries do occur outside of testing conditions and personal injury lawsuits are brought on behalf of victims of fires in Chevrolet Volts, the injured party must prove that the car manufacturer’s conduct fell below the current standards of care used in general practices of car manufacturing. Given that Chevrolet is now aware of this potential danger, they must take all appropriate steps to ensure the safety of their product, or else face the potential of liability if injuries arise from Volt fires.

Our Illinois personal injury lawyers have handled numerous Illinois products liability cases, including having won a $3 million settlement against a car manufacturer that improperly designed the fuel delivery system of a vehicle, resulting in a fuel-fed fire after a head-on collision that killed the occupants of the vehicle.

If you or a loved one have been injured as a result of a dangerous or defective product, contact an attorney immediately to be apprised of your rights under the law. You may be entitled to compensation for your injuries if the manufacturing corporation is to blame.

January 8, 2011

Radiation therapy renders Illinois medical malpractice victim nearly comatose

While the initial accident report merely described that a hospital had administered radiation overdoses to three patients, a more complete and detailed report has since surfaced in the months following. Urgent nationwide warnings advised physicians to be extremely vigilant when treating with a device delivering high-intensity pinpoint radiation to vulnerable parts of the body. These nationwide warnings followed three incidents of Illinois medical malpractice.

One of the Illinois medical malpractice victims had gone to Evanston Hospital seeking treatment for pain from a nerve deep inside her head. Now, after being treated with stereotactic radiosurgery, she is in a nursing home, nearly comatose, unable to speak, eat, or walk and leaving her husband to provide the sole care for their three young daughters.

Continue reading "Radiation therapy renders Illinois medical malpractice victim nearly comatose" »

January 14, 2010

FDA halts production of some medical devices

A series of products manufactured by a medical device manufacturer named Sybaritic Inc. have come under scrutiny after reports alleging that they were not cleared for approval by the U.S. Food and Drug Administration (FDA). Sybaritic makes medical products for skin and spa treatments and has agreed to stop production of the product in the United States until they are in compliance with FDA quality standards. While the company did not agree with the FDA allegations, they stated that they are cooperating with the FDA to resolve the issues raised in its complaint. The stop production agreement came after a consent decree reached between the U.S. Department of Justice and three of the medical device manufacturer’s top executives. The U.S. Department of Justice filed for an injunction last year and has said that companies need to comply with laws that are in place to protect consumer health from dangerous products.

Click here to read more about the FDA issues with some medical devices.

December 19, 2009

Excessive CT scans can develop new issues

A recent study suggests that the overuse of computed tomography (CT) scans can lead to the development of new cancers. Product liability studies suggest that radiation exposure from CT scanners may cause cancer. The article suggests that CT scans are believed to contribute to 29,000 new cancers yearly, which contributes to 14,500 fatalities. The Los Angeles Times reported that widespread overuse of CT scans and variations in radiation doses caused by different machines operated by technicians following any array of procedures are subjecting patients to high radiation doses that will ultimately lead to tens of thousands of new cancer cases and deaths.

Continue reading "Excessive CT scans can develop new issues" »

December 9, 2009

Man alleges recalled product caused eye problems

A man has filed a product liability lawsuit and is alleging that a defective medical device recalled only two days after his cataract surgery caused him personal injuries. The man suffered unnecessary eye inflammation. The product liability lawsuit alleges that the device was defectively designed, manufactured, and marketed. As to the plaintiff’s surgery, the medical device was used to aid in iris retraction while the plaintiff underwent a cataract extraction with intraocular lens implant on the plaintiff’s right eye in October 2008.

Continue reading "Man alleges recalled product caused eye problems" »

September 28, 2009

FDA announces the examination of medical device approvals

The FDA recently announced that it will ask the Institute of Medicine to examine the approval process for medical devices. The process is meant to streamline the approval of medical devices, but consumer groups have expressed concern that the process is being used for devices that are particularly high risk for product liability.

To read more about the FDA announcement.

September 18, 2009

Sears and equipment maker want dismissal from treadmill lawsuit

A popular store and fitness equipment manufacturer are seeking dismissal from a personal injury lawsuit. The personal injury victim and her husband filed the lawsuit after the woman fell and broke both of her arms while running on a treadmill.

To read more about the treadmill lawsuit.

August 13, 2009

Senate Committee holds hearing on medical devices

Last week, a Senate Committee held a hearing on medical devices, specifically the Medical Device Safety Act of 2009. AAJ held a press conference before the hearing and several victims of faulty medical devices attended. One of the victims spoke at the conference and also testified before the committee.

To read more about the Senate Committee hearing.
To read a press release on the hearing.
To read the faulty medical device victim’s testimony.

August 5, 2009

Lawsuits filed against medical device maker

A personal injury and product liability lawsuit has been filed against C.R. Bard Inc., a medical device maker. The lawsuit contends that the company made a defective device. The product liability victims claim that the use of the device to treat pelvic organ prolapse caused them personal injuries.

To read more about the product liability lawsuit.

July 27, 2009

Should software companies be subject to product liability lawsuits?

A recent Newsweek online article looked into the possibility that software companies may soon be subject to product liability lawsuits for flaws in their programs that allow hackers in. A likely defendant in a lawsuit like this would be Microsoft, simply because its software is everywhere. Software makers have traditionally argued that software is not a “product” subject to product liability laws. Experts now expect more significant litigation is on the horizon.

To read more about software product liability lawsuits.

July 13, 2009

How to report a dangerous product

With all of the recently blogged recalled products, Levin & Perconti wanted to make you aware of how you can report an unsafe product to the government if you receive personal injuries.

The Consumer Products Safety Commission has an online form to report dangerous products here.

June 23, 2009

State AGs challenging GM’s liability plan

Eight state attorneys general are opposing a GM provision that would free the automaker from product liability for vehicle defects. The provision would essential bar accident victims from key legal rights.

To read more about the GM liability challenge.

June 20, 2009

Product liability lawsuit filed against Yamaha for ATV accident injuries

A woman has filed a personal injury lawsuit against Yahama after she was hurt while riding in one of Yamaha’s Rhinos, a popular all-terrain vehicle. The product liability lawsuit alleges that the plaintiff suffered an injury to her right leg when the ATV rolled over toward the passenger side.

To read more about the ATV injury lawsuit.

June 15, 2009

Continued concern about auto bankruptcies for product injury victims

Chrysler and GM’s bankruptcy proceedings are continuing to raise concerns and advocates are working hard to ensure that citizens injured by defective vehicles are not excluded or ignored. The Supreme Court refused to intervene in Chrysler’s sale to Fiat unfortunately. There is concern that the bankruptcy of GM may follow a similar path.

To read more about the injured victims left out of the process.

May 24, 2009

Complications from urinary control device highlights FDA regulation failures

Dozens of medical device lawsuits have been filed around the nation, questioning whether the FDA has been regulating medical devices with rigor. These lawsuits involve a vaginal sling, used to control urinary leaks. These lawsuits highlight the importance of the medical device bill currently in the legislature.

To read about the complications.

To read about the medical device bill.

May 19, 2009

Hearing highlights the medical device nightmares

Levin & Perconti posted a blog about the medical device bill yesterday that would provide recourse for product liability victims if they are injured by a medical device approved by the FDA. You can listen to some of the victims of medical device preemption below:


March 12, 2009

Lawmakers introduce medical device lawsuit

Congressional Democrats recently introduced measures to allow consumers who receive personal injuries by a medical device approved by the FDA to file product liability lawsuits against the device manufacturer in state court. The move came following the Supreme Court Wyeth v. Levine ruling that allows patients to sue drug makers in state courts.

To read more about the Congressional medical device bill.

March 11, 2009

Illinois woman files personal injury lawsuit after massage table collapses

A woman has filed an Illinois personal injury lawsuit against a Chicago-area spa on Tuesday after she received personal injuries when the massage table used to administer her massage collapsed. The Illinois woman filed the accident lawsuit in Cook County Circuit Court for injuries sustained.

To read more about the Illinois personal injury lawsuit.

February 15, 2009

Lawsuit filed against Disney after teen suffers heart attack and stroke on ride

A woman has sued Walt Disney World alleging that a disabling heart attack and stroke that she suffered were caused by riding on Disney’s Tower of Terror. The product liability lawsuit alleges that Disney was negligent in the ride’s design and operation and failed to adequately warn of risks or provide adequate safety restraints.

To read more about the product liability lawsuit.

February 14, 2009

Judge who threw out the Medtronic case failed to disclose potential conflict

The Wall Street Journal recently reported that a judge who threw out massive product liability litigation against Medtronic Inc. failed to disclose that his son’s law firm has long had the medical-devicemaker as a client. Now, a number of plaintiffs' lawyers have told the judge that they plan to seek his disqualification from the product liability litigation.

To read more about the potential product liability lawsuit conflict.