Takata Air Bags: Largest Recall in U.S. History

May 21st, 2015 at 7:00 am

takata air bags, Westport Personal Injury AttorneyRecent 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.

Study Confirms: Do Not Get Sick in July

May 19th, 2015 at 7:00 am

sick in july, Westport Medical Malpractice AttorneyThe “July effect” is a well-known term among medical professionals that most non-medical people have never heard. The July effect, also called the July phenomenon, gets its name because it is in the month of July when just-graduated medical students enter their internships in teaching hospitals across the country. It is this influx of new, inexperienced “physicians” which causes a real and documented increase in the danger to patients, particularly high-risk patients.

A study conducted by researchers from Harvard Medical School, Stanford University Hospitals, University of Southern California, and the RAND Corporation concluded that the July effect does pose a serious threat to patients with medical conditions where even the slightest delay in treatment can mean a matter of life or death.

The researchers used data collected from the U.S. Nationwide Inpatient Sample. They analyzed cases from more than 1,400 hospitals across the country where patients arrived at the hospital suffering from heart attacks. Cases were divided into low-risk and high-risk groups, and came from both teaching and non-teaching hospitals.

The study found that in general, patients who were treated at teaching hospitals actually had a lower risk of mortality than patients who were treated at non-teaching hospitals—except during the month of July. In July, the risk of dying from a heart attack jumped from 20 percent to 25 percent at teaching hospitals. In teaching hospitals, the month of May had the lowest rate of mortality as interns conclude their training during this month and are much more experienced.

Moreover, the lead researcher of the study pointed out that, according to their findings, “For every 100 people hospitalized with a severe heart attack, five more people will die in July than in May.” Hence, an intern who struggled with inserting a stent to open up a patient’s clogged artery in July, and caused what could have been a fatal delay, is quite adept and experienced with that same procedure 10 months later.

If you or a love one has been injured or became ill due to incorrect or delayed medical treatment, please contact an experienced Westport medical malpractice attorney to discuss what legal recourse you may have against the physician and/or medical facility that caused your injury. Call Richard H. Raphael, Attorney at Law, at 203-226-6168 today to schedule your free consultation.

Connecticut Statute of Limitations for Injury Claims

May 14th, 2015 at 4:08 pm

Connecticut statute of limitations, train crash, Westport Catastrophic Injury LawyerOn May 17, 2013, at 6:10 p.m., a commuter train that had departed from Grand Central Station, and was heading for New Haven, derailed in the Bridgeport area. As the train derailed off the tracks, it smashed into another commuter train that was heading in the opposite direction. There were approximately 250 passengers in each of the trains. Over 70 people were injured, several of them critically injured.

The National Transportation Safety Board (NTSB) later determined that the cause of the accident was an “undetected broken pair of compromise joint bars” on the track due to the following:

  • There was a lack of regular maintenance program to the tracks. This lack of maintenance program meant no priority of inspections to equipment in order to ensure needed repairs performed right away;
  • There were no federal regulations in place which required heavily traveled commuter rail companies to perform mandatory inspections; and
  • The railroad company made the decision to postpone any regular track maintenance and repairs.

For each victim who was injured in the train crash, the statute of limitations is quickly approaching to file claims against those parties who were determined responsible for the crash. A statue of limitation is the amount of time the law allows victims to pursue legal options against those responsible for those injuries.

In Connecticut, state law says that a victim can only bring forth a claim within two years of the date of the incident which caused the injury. This applies to cases where an incident was caused by “negligence or wanton misconduct.” The statute also applies to injuries which arise through medical malpractice cases.

Another Connecticut law addresses the statute of limitations for wrongful death claims. Just like personal injury lawsuits, claims need to be filed within two years of the victim’s death.

Consult with a Connecticut Personal Injury Attorney Today

The law does make some exceptions to these two year statutes, and a skilled attorney will be well-versed on those exceptions. If you or a loved one has been injured in catastrophic accident, contact an experienced Westport personal injury attorney to discuss your legal options.

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