May 20, 2012

School Children May be at Risk From Faulty School Buses

When parents send their children to school on big yellow school buses, they hope that the ride will be as safe as possible. Nevertheless, according to a recent report by CNN, school bus manufacturer Blue Bird Corporation is recalling about 3,900 large school buses for a potential fire hazard.

The Blue Bird Corporation is an American-based producer of school buses, as well as transit buses, motorhomes, and large-scale specialty vehicles, such as mobile libraries and mobile police command centers. In fact, according to the American School Bus Council, approximately 480,000 Blue Bird-manufactured school buses are on the road today.

CNN reports that routine inspections by customers revealed that a starter cable in the buses’ ignition might rub against a power steering hose, which could, in turn create a short circuit resulting in a fire. Following these independent accounts, Blue Bird began its own investigation that uncovered the frightening statistic that approximately 5% of the buses in current circulation had chafing on the starter cable.

When a company, such as an automobile maker like Blue Bird, manufactures a product to be marketed to the public, that company is responsible for ensuring the safety of those products. When that company’s product is defective or dangerous and that product harms the person or persons using that product, the company may be held legally responsible for the customer’s injuries. This type of situation would give rise to an Illinois product liability lawsuit. As it applies here, if a fire occurred on a Blue Bird school bus because of a short circuit and school children were harmed, Blue Bird could potentially be held legally responsible for damages arising from those injuries.

When companies are held responsible in Illinois product liability lawsuits – such as those that may arise if a blaze breaks out on a school bus – the responsible corporations may be made to pay compensatory damages, which attempt to put an injured person back in the position he or she was in before being injured, such as compensation for medical and hospital expenses, and the loss of a normal life following the injury. Here, Blue Bird might be liable for damages to compensate the families for medical bills to treat the child’s injuries, as well as damages to offset the loss of a normal life that the child otherwise would have enjoyed.

The buses affected are model years 2004-2006 Blue Bird ‘Vision’ buses; the bus maker will alert owners to inspect the buses and make sure there is enough space between the starter cable and the hose, reports CNN. Additionally, recall notifications for the involved buses are expected to begin this month.

If you or a loved one has suffered as a result of a dangerous product, you may be entitled to compensation for your injuries. Please contact an attorney immediately to be apprised of your rights under the law.

March 23, 2012

GM Recalls 6,000 Defective Vans & SUVs

Recalls of automobiles can be some of the scariest types of Chicago product liability lawsuits, partially because Illinoisans use their cars so often, and partially because the injuries caused when a car fails can be very serious.

Just this week, General Motors announced that they are recalling more than 6,000 large vans and SUVs because the steering in the vehicles can fail.

General Motors (GM) is an American car manufacturing corporation, and is the second-largest automobile production company in the world. GM’s business sells vehicles under the brands Buick, Cadillac, Chevrolet, GMC, Opel, Vauxhall, and Holden, which are distributed across 157 countries. This particular recall affects 2012 Chevrolet Express vans, GMC Savana [sic] vans, Chevrolet Suburban SUVs, and GMC’s Yukon XL SUVs. The two types of affected cans can carry as many as 15 passengers each, and are often used in shuttle services by churches and airport shuttle services. According to a public statement by the National Highway Traffic Safety Administration, the gear shaft in these automobiles can break while the car is in use, causing a loss of steering and potentially a loss of control of the vehicle.

As per a recent report by MSNBC, the problem was discovered in testing by the company that makes the gear shafts. Although to date, no injuries have yet been reported, our Chicago personal injury lawyers understand how devastating the potential injuries may be.

This is General Motors’ second major automobile recall in recent times; in November, GM announced a recall of their Chevrolet Volt due to fire risks associated with its lithium-ion battery.

When a company, such as an auto-maker, manufactures a product to be marketed to the public, that 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 steering failure in these vehicles, the faulty gear shaft is a form of a design defect. As a result, GM may be held legally responsible if the product causes injury to consumers, even if they were not negligent in making that product defective.

Our Chicago injury lawyers understand how difficult it can be to endure injuries that arise from Illinois products liability cases. They 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, which killed the occupants of the vehicle.
If you or a loved one has suffered as a result of a flawed or faulty product, you may be entitled to compensation for your injuries. Please contact an attorney immediately to be apprised of your rights under the law.

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.