Archive for the ‘Product Defects’ Category
Takata Air Bags: Largest Recall in U.S. History
May 21st, 2015 at 7:00 am
Recent reports have been published regarding the dangerous issue and recall notices associated with airbags which were manufactured by Takata Corporation of Japan. According to multiple complaints filed, the chemical inside the airbag, which makes it inflate, explodes with such force that it causes a metal inflator to shatter into pieces. The metal shrapnel is spewed into the passenger’s side of the vehicle. So far, these defective airbags, installed in numerous make and model vehicles, have killed at least six people and injured hundreds of others.
However, this week the U.S. Department of Transportation (DOT) and the National Highway Traffic Safety Administration (NHTSA) have announced that Takata is recalling 33.8 million airbags and is finally admitting that the airbags they manufactured are defective. The agreement between the federal regulators and the company has taken over one year to reach.
Almost a dozen automakers have previously issued recalls of approximately 17 million airbags nationwide, including Toyota and Honda. Now that Takata has doubled the number of airbags which are being recalled, this recall will be the largest recall in U.S. history.
There have been previous media reports that both Takata and Honda were aware of the dangers of the airbags as early as 2004. Instead of notifying federal officials of the problem, Takata ordered its engineers to destroy all documents and other physical evidence which revealed the defective.
In 2007 and 2008, Honda settled cases with several other victims of defective airbags, yet did not act on the information they had. In 2009, there was one report of a woman who “bled to death in front of her three children” when metal shrapnel from a defective airbag exploded into the woman’s neck and chest.
There are multiple models of vehicles which are affected by the Takata recall. Car manufactures include Acura, BMW, Chrysler, Dodge, Ford, Honda, Infiniti, Lexus, Mazda, Mitsubishi, Nissan Pontiac, Saab, Subaru and Toyota.
If you have been injured by a defective product, please contact an experienced Westport personal injury attorney to find out what legal recourse you may have against the manufacturer of the product. Call Richard H. Raphael, Attorney at Law, today at 203-226-6168 to schedule a free case evaluation.
Senate Panel Gives Nod to Auto Industry Whistleblower Proposal
March 24th, 2015 at 7:00 am
A U.S. Senate panel recently approved a proposal to financially reward auto workers who expose safety defects—defects about which a manufacturer may not be forthcoming. The 13 bipartisan members of the Senate Commerce, Science and Transportation Committee unanimously voted to now bring the measure to the Senate floor.
The proposal was developed as a result of General Motors’ massive recalls for defective ignition switches and Takata Corp’s defective airbag inflators.
Investigations into both companies revealed that there was prior knowledge of the safety issues, as well as attempted cover-ups.
The defective ignition switches have been blamed for almost 400 deaths and thousands of injuries. The defect causes the ignition to switch in a resting position, which then shuts down the steering, brakes and airbags. Documents released last year revealed that design changes were made to the defective switches; however, the company failed to follow proper government regulations which apply to these types of changes.
GM agreed to a $35 million fine imposed by the National Highway Traffic Safety Administration (NHTSA). In addition to the fine, the company is also being investigated by the U.S. Department of Justice (DOJ) for possible criminal charges.
The Takata airbag recall, which involved 17 million vehicles, was a result of at least six deaths and dozens of injuries, caused by the airbags exploding and spraying victims with pieces of metal shards. The NHTSA has accused the company of not cooperating with their investigation, and last month began fining the company $14,000 per day.
If the measure is approved and passed into law, anyone who comes forward to share information regarding product defects or other safety violations would receive up to 30 percent of the amount the company pays in penalties. Those who would qualify include any auto manufacturing employees or contractors, auto dealerships, and auto parts suppliers. Information could be reported to either the U.S. Transportation Department (DOT) or the DOJ.
If you or a loved one has been injured in an accident which was the result of a defective vehicle part, an experienced Westport personal injury attorney can help. Call Richard H. Raphael, Attorney at Law, today at 203-226-6168 to schedule a free consultation.
DOJ Announces Guilty Plea and $25 Million Fine against Drug Company
March 13th, 2015 at 7:00 am
The U.S. Department of Justice (DOJ) has announced that McNeil Consumer Healthcare, the company that manufactures Tylenol, Motrin, and several other popular over-the-counter medications, has agreed to plead guilty to one federal criminal charge in the case the government filed against the company for selling medications contaminated by pieces of metal. The company, which is a subsidiary of Johnson & Johnson, has also agreed to pay a $25 million fine.
According to the DOJ, in 2009, complaints were made by consumers who found “black specks” floating in bottles of liquid Infants’ Tylenol they had purchased. Testing revealed those particles to be nickel, iron and chromium. The contaminated products had all been manufactured at a plant in Pennsylvania.
An investigation by the company found that those particles had been introduced into the medication at some point during manufacturing. However, not only did the company not take the necessary steps to fix the issue at the plant, they continued to sell the contaminated products for another year before finally issuing a recall in 2010. To compound the problem of contaminated medication, when announcing the recall, McNeil also announced that the products may have contained more of an active drug ingredient than what was put on the packaging labels.
The company claims that no child was injured from the tainted products. One family did file a lawsuit against the company after their 4-year-old son died; however, the lawsuit was dismissed by a court because the boy’s death had occurred after the recall.
In addition to the contaminated medication, the company has come under federal scrutiny several times over the past few years for other dangerous faulty manufacturing issues. These issues included incorrect direction labeling on medications as well as products which had moldy odors. These problems have resulted in millions of bottles of medicines having to be recalled.
If you or a loved one have been injured due to a dangerous or defective product, contact an experienced Westport personal injury attorney to find out what your legal options may be against the product’s manufacturer. Attorney Richard H. Raphael has extensive experience representing clients in product liability cases. Call 203-226-6168 for a free consultation.