Month: September 2011

According to the manufacturer Daimler Trucks is recalling certain 2011 and 2012 Business Class M2 and Coronado Trucks. The vehicles are equipped with either Cummins ISX or ISL diesel engines. Clamps on the exhaust can fail causing exhaust gases to vent prior to exiting the vehicle creating a combustion and fire risk. For more information consumers should contact Cummins at 1-812-377-5000.

Commentary
Engine cooling problems can be a relatively significant problem. Many times after release through their own testing or consumer complaints a manufacturer will become aware of an issue with their product and issue a recall. If the manufacturer neglects to repair the defect they could face great liability in multiple personal injury claims. This recall is mostly geared towards business trucks but readers should still be aware of the defect.

Texas Product Liability Attorney Michael Grossman

The Food and Drug Administration has issued a warning linking the product SimplyThick with life-threatening reactions among infants who are given the agent. The product is an agent prescribed to help treat digestive issues. Infants are given this agent in an effort to keep from vomiting formula or milk. The FDA is aware of at least 15 separate incidents of infants who suffered serious complications from the agent including two reports resulting in death.

Commentary
Just like a driver on a roadway manufacturers have a duty to maintain safety. Although some side effects are common and typically disclosed on a products label these reactions have not and are certainly beyond the realm of what a reasonable person would expect to happen after using a product. When injuries occur from a product a specialized independent investigation is needed to link that injury to the product in question. Defense attorneys for these big companies are very good at disproving liability by placing proximate cause upon (in this instance) the parents. Another tactic they like to use is the quick upfront payment to when liability is found. Typically this is a low-ball offer that comes attached with a waiver negating any future attempt to sue the manufacturer. These tactics can leave a family distraught and undercompensated.

Texas Product Liability Attorney Michael Grossman

John Deere has issued a recall on approximately 36500 tractors due to a risk of overheating and fire hazards. The products in question are X300 X300R and X304 series tractors. John Deere reports 163 failures of the engine cooling fan including 83 reports which detail engine melting and/or fires. A burn injury has been reported as well. The tractors were sold between September 2010 through August 2011. For more information contact John Deere & Company at (800) 537-8233.

Commentary
This marks the second recall issued by the company this week. Some of my blogs have listed recalls resulting in a claim or two here or there but folks 163 reported failures is a rather sizable number. This is even more serious when a burn injury has been reported. When a company determines their products to have some form of defect typically they issue a recall in an effort to mitigate liability and reduced damages owed. As mentioned this being a sizable recall my readers should take caution if they determine they own one of the aforementioned tractors and contact that John Deere number.

Texas Product Liability Attorney Michael Grossman

According to the manufacturer Qualitest Pharmaceuticals is recalling multiple shipments of birth control pills due to a packaging error. The error could cause incorrect dosing and the possibility of unintended pregnancies. The company said a printing orientation error occurred obscuring the expiration date and other pertinent information. The recall targets certain lots namely Cyclafem Emoquette Gildess Orsythia Previfem and Tri-Previfem. Qualitest can be contacted at 1-877-300-6153.

Commentary
Irrespective of the possibility of pregnancy any incorrect dosing could lead to injury. The company has not cited any claims of injury but an incorrectly printed box is a dangerous contingency. When a company determines an inconsistency within their product that could lead to injury a recall is necessary to mitigate liability. If a company were to ignore these concerns their liability in injury matters could increase. If readers are using or have purchased these pills they are encouraged to contact the number above.

Texas Drug Injury Attorney Michael Grossman

A study conducted by the American Academy of Family Physicians has discovered a link between prescription antidepressant drug Zoloft and birth defects including persistent pulmonary hypertension. Further a serious risk of withdraw from the medicine was consistent with women who took the medication during pregnancy as well as a heightened risk of suicide.

Commentary
Several studies have begun linking antidepressants taken prenatally with risks of birth defects in newborns as well as suicide risks in pregnant mothers. It is interesting which side effects are disclosed by the manufacturers and which are not as many of these drug companies do indeed acknowledge a risk of suicide. Because of this acknowledged risk most doctors should be aware of this contingency and warn their patients accordingly. In this instance a manufacturer is probably off-the-hook regarding liability as they have recognized the associated risk but a doctor may not be.
Regarding birth defects however Zolofts maker Pfizer has not disclosed or admitted risk of birth defect laying the potential for liability at the feet of the manufacturer. This liability would need to be corroborated with a detailed and thorough third party investigation linking an injury with consumption of the drug. If that link is discovered a personal injury claim can typically commence if the claimants can prove a monetary loss from the injury.

Texas Drug Injury Attorney Michael Grossman

Local reports indicate 11 people have been injured in a scaffolding collapse at a border crossing between San Diego California and Tijuana Mexico. The accident occurred before 11 a.m. Wednesday September 14 when the the scaffolding fell on cars below. Three people were extricated from their vehicles and taken to local hospitals while others experienced minor injuries.

Site of the Accident

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Commentary
I hope all the victims in this accident enjoy a speedy recovery from this collapse. An independent investigation is needed to determine liability in this matter. Motorists passing through this checkpoint have a reasonable expectation of safety from construction work above. It would appear this expectation was breached with the collapse. This is a key element of a personal injury claim as a duty of safety must be broken in order to have standing. Once this duty is breached if a negligence determination is made from the independent investigation a claim can typically proceed. The only other element needed are claimants who can show tangible economic loss as a result of the accident and subsequent injury. This is usually not an issue as injuries often result in medical bills lost wages and pain and suffering all eligible under personal injury law.

Texas Personal Injury Attorney Michael Grossman

According to the U.S. Consumer Product Safety Commission Target Corporation has issued a recall on approximately 304000 units of Chefmate 6-Speed Blenders. The products in question have a plastic pitcher that can detach from the blade assembly underneath leaving blades exposed and pose a risk of laceration. The model number for the blenders is BL-10 sold at Target stores nationwide from September 2007 to February 2011. For additional information contact Target at (800) 440-0680.

Commentary
Target has reported at least 11 separate incidents of the pitcher separating from the blade assembly. In 7 of those complaints consumers reported serious cuts to their fingers and hands. The issuing of a recall is a begrudging move for a manufacturer but a necessary one for liability purposes. If a company were to ignore reports of injury and continue selling defective equipment the resulting damages could be astronomical. For a relatively normal sized recall 11 complaints is a decently noteworthy problem. My readers should take note of this recall and check if they own the product in question and immediately stop use.

Texas Product Liability Lawyer Michael Grossman

According to local reports three people were seriously injured in a car wreck in Lubbock Texas. The accident occurred Wednesday September 14 when witnesses report having seen two vehicles racing near 23rd and Milwaukee Avenue. One of the vehicles involved a black Dodge truck became trapped between a pole and a tree with two people trapped inside including a 12-year-old boy. Another occupant was ejected from the truck. The three victims were taken to a local Lubbock hospital in serious condition. The names of the victims and further details have not been released at this point.

Update: Early news reports indicating a 12-year-old boy was injured have been proved inaccurate. The driver of the vehicle has been identified as 15-year-old Ivan Uribe and passengers in the vehicle are listed as 15-year-old Isaiah Washington and 15-year-old Anthony Solis.

Update: Lubbock Police have ruled out the possibility of street racing as a factor in the accident.

Site of the Accident

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Commentary
I cannot tell you how dangerous drag racing is for all motorists involved including spectators. Before I go any further an independent investigation is needed to corroborate the witnesses accounts that the two vehicles were drag racing. If these accounts turn out to be true the law could certainly view this as a negligent act. But rather than discuss the teens hurt in this terrible crash something should be said of parental liability.
Much like an employer can be held vicariously liable for the actions of their employees parents have a moral responsibility as well as a legal duty over their children. It is obvious any implication needs to be corroborated with the investigation but if the parents of the driver had knowledge the young man intended to pick up friends and drive that day they could be faulted in personal injury claims. Aside from being incredibly dangerous it is illegal in the state of Texas for a permitted driver to operate a vehicle without an adult present. Again I am speculating here but any allowance of these actions to occur could be the tipping point in negligence determinations.
First and foremost I hope all the teenagers fully recover from the accident. I realize how difficult it may be to begin to think about a civil claim when an accident occurs but I also know the financial burden incurred from a loved ones accident can be just as difficult.

Lubbock Personal Injury Attorney Michael Grossman

According to the U.S. Consumer Product Safety Commission John Deere & Company has issued a recall on roughly 5200 lawn tractors. The tractors in question D100 Lawn Tractors have a faulty braking assembly that could cause the brakes to fail holding an injury risk from loss of control. The tractors were sold at John Deere dealers Lowes and Home Depot stores from October 2010 through September 2011. Consumers should contact John Deere at (800) 537-8233 for further information.

Commentary
Though John Deere does not report having received any complaints yet any type of loss-of-control warning in a motor vehicle should be heeded. Many times a manufacturer will discover a fault in their product after release. If a fault is found yet nothing is done to the line of product the manufacturer could face liability in personal injury claims. So when a voluntary recall of this nature is issued it is done to mitigate liability and uphold the company name. Like I mentioned even with no report of injuries yet readers are advised to contact John Deere if they believe they own one of the tractors.

Texas Product Liability Attorney Michael Grossman

According to the agency the FDA has increased its warning to consumers of the drug Topamax as it has been linked to certain birth defects. Topamax has been linked with an increased risk of cleft lips and cleft palates in newborns. The cleft tear can range in size and degree and placement on the face.

Commentary
Topamax is a drug used alone or in concert with other drugs to treat seizures and people who have epilepsy. Cleft lip is a much more serious condition than most believe. More than just cosmetic the condition can affect hearing and can also give the child difficulty speaking. The risk associated with this blog is obviously when the drug is taken prenatally however the FDA has noted other risks beyond that of infants. Namely these risks include upper respiratory tract infection diarrhea and memory problems.
Manufacturers have a responsibility to their consumers to produce products that are safe. When a maker develops a product that poses an injury risk they could be liable in a personal injury or defective product claim. The trick to these claims are independent investigations by experts in the field of medicine that can link an injury to the use of the drug. This linking could give a victim standing to make a claim for damages like pain and suffering medical bills or lost wages.

Texas Drug Injury Attorney Michael Grossman