Month: October 2011

According to the manufacturer General Motors is recalling 2011 and 2012 Corvettes manufactured between January 24 2011 through September 1 2011. The vehicles in question have a faulty rear hatch hinge that does not meet load requirements posing a separation risk in the event of an accident. Chevrolet can be contacted at 1-800-630-2438.

Commentary
While this recall is only aimed at approximately 6000 vehicles readers should still practice caution as a separation risk can greatly increase the risk on injury in an accident.
When a manufacturer learns of a defect in their product they typically issue a recall in an effort to mitigate liability and clear the faulty product from the market. If an injury occurs from one of the products still on the market an investigation is needed to link that injury with use of the product. If a link is determined there may be standing for a claim against a manufacturer.

Texas Product Liability Attorney Michael Grossman

According to the manufacturer Fruit Fresh Up has issued a recall on approximately 5000 packages of cut cantaloupe due to a possible health risk. The fruit is being pulled because of a possible link with listeria monocytogenes the disease that targets young children elderly and those with weakened immune systems. Fruit Fresh Up can be contacted at (716) 684-4300.

Commentary
This recall joins a larger recall begun at Jensen Farms in Colorado. The cantaloupes were sold in 17 separate states and the contamination has resulted in 96 illnesses with 18 deaths from listeria.
In many food injury situations the results of an illness can be either hit or miss. Food poisoning can produce uncomfortable symptoms but typically lasts for a day or two and may not result in any tangible damages. On the other hand a food injury leading to death can mean serious liability considerations for a manufacturer as the damages can be quite significant.
Readers are encouraged to be mindful of any cantaloupe consumption as it would appear the outbreak has not been controlled just yet.

Texas Food Injury Attorney Michael Grossman

According to the U.S. Consumer Product Safety Commission IKEA North America has issued a recall on BUSA childrens folding tents. The products in question have steel wire frames that can break producing ends that pose a laceration and puncture hazard. For a full refund IKEA can be reached at (888) 966-4532.

Commentary
The recall notes three incidents have resulted from the defective products so far. As such consumers should be aware of the risks involved. When a manufacturer learns of a flaw in their product they typically issue a recall to mitigate liability. If an injury occurs from the product in question an investigation is needed to link that injury with the defect in question. If a link is established a product liability claim takes many of the same facets of a personal injury action.

Texas Product Liability Attorney Michael Grossman

According to the Food and Drug Administration the anti-depressant / anti-anxiety drug Effexor has been linked with certain birth defects. Effexor like many other SSRIs has shown a correlation with defects in children whose mothers took the drug especially into the third trimester. Such defects include: autism spectrum disorders cleft lip genital malformation and persistent pulmonary hypertension of a newborn (PPHN).

Commentary
Effexor joins a long list of selective serotonin reuptake inhibitor drugs placed into the Food and Drug Administrations Category C. A medication is placed into this category when testing on animals has reproduced problematic effects on the fetus. The product has only been on the market since 2004 but as with the other SSRI drugs the possibility for injury certainly exists. Indeed the New England Journal of Medicine notes a 6-fold increased risk for the aforementioned PPHN when the drug is taken into the third trimester.
Drug injuries are a tricky area of product liability as they require a precise link between the produced injury and the drug in question. This link is only established with the aid of an independent investigation which can then determine if a manufacturer is liable in potential civil matters.

Texas Drug Injury Attorney Michael Grossman

According to local news reports a man was seriously injured leaving a bar in Anna Texas. Police say Greg Morgan was struck by a hit-and-run driver following a night at Billys Bar and Grill in Anna when he walked into the street on his way home. Morgan suffered compound fractures to his legs and from the subsequent surgeries thereafter partial loss of intestines removal of part of his liver and gall bladder loss. Police believe Morgan had a BAC level of .40 at the time of the accident.

Site of the Accident

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Commentary
Normally when I talk about bars or restaurants that could be implicated in an accident I like to give the establishment the benefit of the doubt and assume they follow the rules outlined by the TABC. And then something like this happens. My firm was hired by the Morgans to investigate the happenings at this bar as it relates to this accident. Ive been practicing for over 20 years but quite frankly even I was astounded.
To serve a guest to the point of an approximate level of .40 takes some extreme negligence. That is 5 times the legal limit folks. Look I get it. He wandered into the middle of the street but look at it from his standpoint. At that level of intoxication any attempt at lucid and coherent thoughts are out the window. It is a wonder my client was even upright. By the way this accident happened the first night the bar opened. So what am I getting at here?
Believe it or not bars do have a responsibility over their guests. This includes stopping service when someone is intoxicated. It doesnt take an investigator to realize that did not happen here. Ill talk about that responsibility later.
Through our investigation we uncovered another incident related to this place. Last week a man left the bar and became involved in an single-vehicle accident where the police suspect alcohol played a role. The victim is being taken off life-support today. Theres little doubt in my mind that he was served past the point of intoxication as well. This one happened a couple months after the bars opening. Our investigation also revealed a bartenders arrest with the help of a TABC report. Something has got to give.
Fortunately the state of Texas recognizes that the TABC needs enforcement aid. Texas enacted dram shop laws to punish entities who possess exactly this behavior. It is a delicate balance when you pair a for-profit liquor-serving business with a patrons safety but these two incidents shatter that balance. A civil claim against a bar strikes them where many of these places only feel it the pocketbook. TABC citations or even the moral impediment of knowing they contributed to an accident just dont cut it.
A successful dram shop claim accomplishes two important goals. It can compensate a family racked with financial obligations from the accident. But maybe more importantly it puts entities on notice that their behavior will not go unpunished and hopefully prevent another accident of this nature from occurring.

Texas Dram Shop Attorney Michael Grossman

According to the Volkswagen Group of America the company is recalling approximately 168000 Volkswagens and Audis with TDI engines due to a fire hazard. The recall consists of 2009 through 2012 Jettas and Jetta SportWagens the 2010 through 2012 Volkswagen Golf and the 2010 through 2012 Audi A3s. The group has discovered a possible leak in the fuel line increasing the risk of fire. The Volkswagen Group can be contacted at (248) 754-5000.

Commentary
I find it interesting the company is describing the recall as voluntary as federal regulations require a manufacturer to disclose their intentions of a recall to the National Highway Traffic Safety Administration when a safety risk is determined. Civil remedies are available for manufacturers when they refuse to notify the administration or recall the product.
When a corporation issues a recall of this magnitude consumers should take caution and have their vehicles repaired. Liability can be mitigated by issuing a recall but it will not prevent injuries from defective products.

Texas Product Liability Attorney Michael Grossman

According to the Food and Drug Administration several antidepressants including Lexapro have been linked with birth defects associated with the continued regular use of the drug during the third trimester. The drug belongs to a group of medications called serotonin reuptake inhibitors (SSRIs) which have been affiliated with certain birth defects like motor issues breathing problems increased risk of premature birth and gastrointestinal side effects.

Commentary
The FDAs warning of Lexapro is in conjunction with the an extended look into this group of drugs the news feed mentions. Because of these noted birth defects several lawsuits have been filed against SSRIs like Paxil Prozac and Lexapro yet no class action motions have been filed.
When an injury is sustained from the use of a prescription drug a detailed investigation is needed to link that injury with the prescribed use. If a link is established the injury should then be crosschecked with the companys disclaimers of side effects. Certainly a low-threat symptom like nausea is a reaction consumers would think to be reasonable. However the issues this group of SSRIs have been linked to are probably beyond the realm of reasonableness. This distinction forms the basis of a successful claim and could help to appropriately compensation an injury resulting from one of the drugs use.

Texas Drug Injury Attorney Michael Grossman

According to Superior Metabolic Technologies Inc. the manufacturer is voluntarily recalling testosterone booster Uprizing 2.0. Tests have shown the drug contains superdrol a synthetic steroid. Superdrol is banned by the Food and Drug Administration and the reason for the recall. Superior Metabolic Technologies can be contacted at 1-888-445-3230.

Commentary
The FDA banned synthetic (and certainly real) steroids for a number of reasons. Acute liver injury is found to be one effect from the substance. Additionally other long-term issues like male infertility breast enlargement in males increased risk of heart attack or stroke are all associated with synthetic steroid use.
The inclusion of a substance in a drug not approved by the FDA is a scary proposition. The administration does a very good job in regulating the market however manufacturers have been known to sidestep their testing from time to time leaving a risk of injury to consumers. The recall states Uprizing 2.0 was sold in health food stores in AL CA GA MS NJ SC and TX so readers should be aware of the risks associated with the boosters and stop use.

Texas Drug Injury Attorney Michael Grossman

According to the Food and Drug Administration there may be a link between patients with Type 2 Diabetes who take the blood pressure medication Benicar and a higher risk of death from cardiovascular issues. The FDA approved the sale of Benicar in 2002 which is developed by Daiichi Sankyo.
Benicar is in a group of medications called angiotensin-receptor blocks which are used to treat high blood pressure kidney disease and heart problems in patients with diabetes. The FDA is continuing to monitor the medication.

Commentary
When an injury occurs from a medication a meticulous investigation is needed to link that injury with use of the drug. This can be quite difficult for a number of reasons as health conditions can arise from other exterior factors as well as medications.
To have standing for a drug injury claim the aforementioned link must be firmly expressed and injuries incurred from this use must be such that warrant filing a claim against a manufacturer. In other words a reaction of nausea that keeps a person out of work for a day probably does not warrant the costs of filing a lawsuit. However the study notes a potential risk of death from use of the drug. As any reasonable person would assume this is well beyond the realm of minor effects and would certainly meet the threshold of quantitative injuries.

Texas Drug Injury Attorney Michael Grossman

According to the U.S. Consumer Product Safety Commission the manufacturer Yu Wei Co. has issued a recall on roughly 8000 Drop-Side Cribs. The recall notes the rails can malfunction and fall down causing the drop side to fall. This can lead to an infant or toddler becoming wedged or entrapped in the crib. The CPSC reports nine separate incidents involving malfunction including one in which abrasions were reported to the child.

Commentary
The recall states the cribs were sold on the importers website and catalog J.C. Penney so the defective products could be anywhere in the country. Drop side cribs have produced serious litigation in the past as many infants have been hurt by other manufacturers products. It would appear the maker found this defect early and issued the recall in an effort to mitigate liability.
When an injury occurs from a product an investigation is needed to link that injury with a defect. If a link can be established a product liability claim takes many of the same elements of a personal injury claim. From there a value on injuries can be assessed for damages purposes in an effort to compensate a victim.

Texas Product Liability Attorney Michael Grossman