March 21, 2010

Former Toyota lawyer says he can prove company hid information

CNN.com recently reported that a former in-house attorney who resigned from Toyota has internal documents that are potentially damaging to his former employer. According to the former counsel for Toyota, the documents are very damaging. The former in-house counsel defended Toyota in product liability lawsuits and negligence lawsuits from 2003 to 2007. The former product liability attorney says that he quit because Toyota was withholding information that the company was legally required to disclose to product liability plaintiff attorneys. The article is what every product liability attorney feared – the product liability attorney who left Toyota says that there is a regular pattern and practice of not producing memos, minutes, reports, and e-mails to personal injury plaintiff attorneys. Documents that were withheld can be used to establish liability against Toyota in product liability and personal injury lawsuits.

For many years, Toyota consumers complained of sudden acceleration. As many as 2,600 consumer product complaints were filed. Only now has any product recall been issued although internal documents now indicate that Toyota traced its problem to its software as far back as 2005.

The Chicago injury attorneys at Levin & Perconti have blogged a lot recently about the Toyota vehicle recalls. Recently, the Chicago product liability attorneys highlighted an article focused on how the Toyota vehicle recall has helped to prove the need for trial attorneys. Trial attorneys act as a check and help to give a voice to consumers who have been ignored by companies and the government.

Click here to read more about the Toyota attorney’s allegations about withholding documents.

February 28, 2010

Toyota makes case for U.S. legal system

A recent editorial again highlighted the need for the U.S. legal system. Despite what proponents of tort reform and damages caps want you to believe, the United States personal injury lawsuit system works. The need for our system was recently reinforced by the Toyota product liability recall. The author of the editorial told the story of a man whose Toyota Camry started speeding wildly on a scenic cliff-side drive in California when it plunged into the ocean 70 feet below. While the driver survived, his wife who was a passenger in the car did not survive. Only a year later, a woman was crushed in her Camry when it became suddenly unstoppable, airborne, and hit a tree. Again, last summer, four members of a family were killed after the gas pedal on their Lexus was stuck.

Despite reports of dangerous Toyota errors, the company was quiet and blamed driver error or faulty floor mats. Similarly, federal regulators did not press the company. The National Highway Traffic and Safety Administration opened and closed half a dozen investigations without any significant action on the product liability.

The writer of the editorial addressed that United States court system and the role that injury attorneys play in it provides an early warning system, alerting regulators and news organizations to product hazards that the public would likely not be aware of. Courts also get responses from manufacturers who might have been able to fend off federal investigators if they decided to investigate product concerns. The writer of the article summed it up when he said it’s time to recognize once more that litigation over dangerous products and services can avert countless wrongful deaths and personal injuries.

To read the full editorial, click here.

February 11, 2010

Company to pay $200K after importing toys with lead

A company has agreed to pay a product liability settlement in the amount of $200,000. The settlement will settle allegations that it violated U.S. law when it imported the Thomas and Friends, Curious George, and Winnie the Pooh toys that had high levels of lead in them and posed dangers to children who used the toys. The Consumer Product Safety Commission had alleged that the company imported tens of thousands of toys that violated the federal lead paint ban and then distributed them to retail stores.

Click here to read more about the product liability settlement.

February 10, 2010

2 stores pull necklaces on concern over toxic cadmium

Teen fashion clothing store Aeropostale and Saks outlet stores have pulled from its shelves necklaces that had high levels of toxic metal in them. Environmental groups tested the necklaces and the necklaces showed to have high levels of cadmium, which could be harmful to consumers. Aeropostale has gone one step further, saying that no cadmium will be acceptable in its jewelry and suppliers will have to prove that products are clean with independent lab testing. Lately, cheap metal jewelry warn by children and often imported from China have been the focus of federal regulators, lawmakers, and retailers because of potential product liability.

To read more about the cadmium in jewelry, click here.

January 28, 2010

What To Do If Your Toyota Is On the Recall List

According to CNNMoney.com, the latest Toyota recall will affect 5.3 million vehicles. Toyota has stopped production of vehicles on the list, but many Toyota owners are confused about what steps they should take if their car is on the list of recalled vehicles. Some of the vehicles involved in the recall include: Toyota’s RAV4, Corolla, Matrix, Avalon, Tundra and Sequoia models. Click on the link to view the full list of recalled Toyota vehicles.

The product recall is happening because Toyota found that over time, some cars’ gas pedals become sticky. When a driver tries to ease up on the gas to slow down the car, the pedal sticks and the car continues to accelerate. According to the report, Toyota is working on a new design, but in the meantime, they issued the recall to warn Toyota owners about the danger. Once they find a way to fix the problem, they will ask owners to come into dealerships to fix the gas pedals.

In the meantime, owners must be vigilant and they should not drive their car if they notice that the gas pedal is sticky. They warn owners to pull over and call a Toyota dealership for assistance if they feel stickiness in the gas pedal. If you believe that you have been injured in an accident as a result of Toyota’s defective gas pedals, contact a Chicago product liability attorney to discuss your case.

To read the full report on what to do during the Toyota product recall, follow the hyperlink.

January 28, 2010

Update for attorneys: AAJ dangerous defects in autos teleseminar

After the recent Toyota gas pedal recall affecting millions of vehicles, the attorneys at Levin & Perconti wanted to highlight an especially important teleseminar that the American Association for Justice is offering to car accident attorneys. The teleseminar is entitled Dangerous Defects in Automobiles – Hot Topics in Crashworthiness Cases. The package includes audio CDs to use in the car, a multimedia CD including reference materials, and MP3 and iPod audio files to use on your iPod.

Click here for more information on the auto defects AAJ teleseminar.

January 27, 2010

Company issues recall for 1.2 million pounds of salami

A meat company has issued a product recall for 1.24 million pounds of pepper-coated salami on Saturday. The product recall comes after a lengthy multistate investigation of a salmonella outbreak. Interestingly, the investigation included comparing shopping receipts of those people who got food poisoning. The outbreak has sickened 184 people in 38 states. Eating food contaminated with salmonella can cause salmonellosis, a potentially life threatening bacterial foodborne illness. The recalling company has set up a hot line for consumers or distributors – (888) 345-4160.

For more information on the salami recall, click here.

January 26, 2010

Refunds and credits for dangerous cribs?

The Consumer Product Safety Commission (CPSC) is considering requiring crib makers to give customers refunds or other monetary incentives when the companies’ products are recalled. Dangerous crib recalls have been all over the news lately and typically involve free kits to repair flaws in the product, but they have failed to get a full response rate from parents. More than 7 million cribs have been recalled since 2007 because of the potential for personal injury or wrongful death. A monetary incentive would be more likely to receive a response from affected consumers.

More information about the monetary incentive is available here.

January 22, 2010

Chicago Tribune reports: Johnson & Johnson criticized in Tylenol recall

The Chicago Tribune this week addressed the Tylenol product recall, that many of you were likely concerned with, and focused on how the Food and Drug Administration (FDA) has accused Johnson & Johnson of dragging its feet in recall of tainted Tylenol, Motrin, and other over the counter medications. Last week, Johnson & Johnson expanded its product recall of various batches of the over-the-counter products tainted by a chemical in wooden shipping pallets.

Consumes had complained of moldy-smelling bottles and some have been temporarily sickened nausea, vomiting, diarrhea, or other stomach distress and personal injuries stemming from the product defects. According to the Chicago Tribune article, the FDA cannot order product recalls on its own. So, last week it sent the company a warning letter seeking improvements in the company’s manufacturing operations. The company has linked the illness to a chemical used in the tainted products. It is believed that the chemical leaked into the packaging material.

Click here to read the Chicago Tribune’s full article on the Tylenol recall.

January 21, 2010

Clarification on crib recall

Dorel Asia, in cooperation with the Consumer Product Safety Commission (CPSC), has issued a voluntary recall of many different types of cribs. The product recall is for the company to replace slatted panels and drop side hardware. A total of 635,000 crib units are involved in the product recall. Dorel Asia is also offering free repair kits.

This product recall has been gaining extra attention because of the number of child injuries reported. A total of 67 incidents were reported and 10 children were bruised or scratched. The press release from Dorel Asia also mentioned an infant death that may have occurred in a Dorel Asia crib. The company stated that the circumstances surrounding this tragic infant death were highly unusual.

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January 20, 2010

Time to check your products for recalls and dangers

The attorneys at Levin & Perconti just read about several product concerns and wanted to make our readers aware. Read below to learn about the recalls and other warnings.

First, look out for the safety of your pets! The Food and Drug Administration (FDA) recently issued a warning that dog treats may be contaminated with salmonella. Merrick Pet Care’s pet food may be contaminated with salmonella; click here to read more about the possible salmonella contamination in the dog treats.

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January 12, 2010

Military toy figures recalled for violating lead paint standard

The Consumer Product Safety Commission has issued a product recall for military toy figures. The toys contain lead paint and consumers are advised to stop using the toys immediately unless otherwise instructed. Almost 2100 military toy figures were sold at Dollar Stores and other discount retail stores from 2008 through 2009. Violating the federal lead paint standard, the surface paint on the toy contains excessive levels of lead. If you think you purchased a recalled toy, visit www.jidetrading.com.

For more information on the military toy figures product recall, click here.

January 4, 2010

Illinois toymaker to pay $1.25 million fine over lead in paint

ChicagoBreakingNews.com has reported that an Oak Brook Illinois company has agreed to pay a $1.25 million civil penalty for importing and selling toys that contained too much lead in the paint. The product liability fine is part of a settlement that the Illinois company reached with the U.S. Consumer Product Safety Commission. The U.S. CPSC claims that the Illinois toy seller and its Learning Curve Brands, Inc. unit knowingly imported and distributed various Thomas & Friends wooden railway toys with paints or other surface coatings with excessive lead levels. The U.S. Consumer Product Safety Commission indicated that this is the second biggest civil penalty ever imposed against a toymaker.

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January 1, 2010

Product recall issued for Tylenol arthritis pain caplets

In cooperation with the Food and Drug Administration (FDA), McNeil Consumer Healthcare has expanded their product recall of Tylenol Arthritis Pain Caplet 100 count bottles with the red easy-open cap. The pharmaceutical company had initially recalled the product in November 2009 due to consumer reports of an unusual moldy smell of the pharmaceuticals that made reported consumers queasy, have stomach pain, caused vomiting, and diarrhea. All consumers are advised to stop using the pain caplets and contact McNeil to receive a refund or replacement bottle at 1-888-222-6036.

Click here for more information on the Tylenol recall.

December 28, 2009

New York Times: The 76 Million Food Victims

A recent editorial in the New York Times highlighted an issue that the Levin & Perconti product liability attorneys have frequently blogged about – food safety. It seems as though in recent years, we have had constant reminders of weaknesses in our nation’s food safety system. According to the Centers for Disease Control and Prevention (“CDC”), 76 million cases of food-related illnesses are reported every year, with over 300,000 hospitalizations and 5,000 wrongful deaths.

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December 26, 2009

Reporter finds that Toyota keeps tight lid on product safety issues

A Los Angeles Times investigation recently showed that Toyota has delayed product recalls and attempted to blame human error in product liability cases where owners claimed vehicle defects. Toyota is the world’s largest automaker, so this finding could potentially affect many individuals. Toyotas are seen all over Chicago. One example that the article cited was Toyota’s test of its Sienna minivan in 2003. During a routine test, engineers found a product defect – that a plastic panel could come loose and cause the gas pedal to stick. This was hazardous because it potentially make the vehicle accelerate out of control. While Toyota redesigned that part, Toyota did not notify the tens of thousands of people who had already bought vans with the old panel. It was not until U.S. safety officials opened an investigation last year that Toyota acknowledged in a letter to regulators that the part could come loose and lead to unwanted or sudden acceleration. Nearly six years after discovering the potential hazard, in January 2009, the automaker recalled over 25,000 vans with the old panel.

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December 21, 2009

FDA warns doctors about tainted hypertension drugs

The Food and Drug Administration (FDA) have issued a warning to physicians about eleven recalled lots of an intravenous (IV) hypertension drug. The pharmaceutical drug, manufactured by the Medicines Co. are contaminated with bits of steel pieces in it. The company issued a product recall of the affected lots of the Celviprex drug after detecting tiny particles of steel during a routine inspection. The hypertension drug is used to lower excessively high blood pressure in patients who cannot take pills. The recalled drug is distributed to doctors for injection in patients who are undergoing surgery.

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December 18, 2009

FDA and Bayer issue product recall for Alka-Seltzer capsules with wrong label

The Food and Drug Administration (FDA) and Bayer have issued a voluntary recall for gel capsules of Alka Seltzer that have the wrong labeling. The product recall affects the combination package of Alka-Seltzer Plus Day and Night Cold Formula Liquid Gels. The product recall was initiated when the company found out that the labeling was printed reversed last week.

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December 16, 2009

Children’s plush books recalled

The attorneys at Levin & Perconti just blogged about a product recall affecting children – the children’s hoodie recall – and unfortunately, now we have to blog about another product recall affecting children. The U.S. Consumer Product Safety Commission (CSPC), in cooperation with a book company, has issued a voluntary product recall on “Monday the Bullfrog Plush Books.” The books have been recalled due to choking hazard for children. The Monday the Bullfrog Plush Book product – which is manufactured in China – sold about 142,000 at retail stores across the country to consumers. Anyone who has purchased the book is advised to stop using the book immediately.

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December 16, 2009

Chicago-area woman led fight for blinds and shades recall

As the staff at Levin & Perconti blogged about yesterday, more than 50 million Roman-style shades and roll-up blinds were recalled because of the risk that children may be strangled by the cords. ChicagoBreakingNews.com reported on something that you may not know - that a Chicago-area woman, Linda Kaiser of Elgin, led the fight for the product recall. The Elgin woman has been advocating for a recall since 2003, when she founded Parents for Window Blind Safety.

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