Archive for the ‘Westport personal injury attorney’ tag
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.
Connecticut Statute of Limitations for Injury Claims
May 14th, 2015 at 4:08 pm
On 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.
Study Shows Premature Infants Exposed to High Toxic Chemical Levels
May 7th, 2015 at 7:00 am
A recent medical study has revealed disturbing results—premature babies are being exposed to a potentially toxic chemical in neonatal units across the county. The chemical—Di(2-ethylhexyl)phthalate (DEHP)—is used in plastics, and is contained in high levels in medical devices such as intravenous tubes, blood bags, feeding and respiratory tubes and fluid bags. The chemical helps to make these devices softer and more flexible. However, the chemical seeps into body tissues and fluids upon contact. Ironically, DEHP is used in children’s toys; however, toy manufacturers must follow stringent government regulations, something that is evidently lacking in the use of the chemicals in medical devices.
According to warnings issued by the Food and Drug Administration (FDA), exposure to DEHP can lead to a disruption in the development of the brains, lungs, and eyes of newborns. The chemical can also cause injury to the liver, increased inflammation, and affect normal hormone functions. Particularly at risk are newborn boys because DEHP has been found to have a negative effect on the development of testicles and sperm production.
The study was performed by researchers from the Johns Hopkins Bloomberg School of Public Health. The research team found that premature babies are being exposed to 4,000 to 160,000 times higher levels of the chemicals than is safely recommended to avoid toxic side-effects which have been associated with the chemical.
A four pound premature infant, who is completely surrounded and exposed to plastic medical devices, may be exposed to more than 4,000 times DEHP toxic levels which are known to cause damage to male productive organs, and as high as 160,000 times DEHP toxic levels which are known to cause liver damage.
Many premature babies have lungs which are not developed enough to breathe on their own and it is necessary to have them hooked to a ventilator. However, the breathing tubes used to connect them to the ventilator contain high levels of DEHP. Researchers say this is one reason why premature babies who are not hooked to ventilators have much better lung development than babies who are.
Both France and the European Commission have announced that DEHS will be banned from medical devices by the end of this year.
If your child has been injured or developed an illness caused by a medical device, please contact a knowledgeable and compassionate Westport personal injury attorney to discuss your legal options. Call Richard H. Raphael, Attorney at Law, at 203-226-6168 today to schedule your free consultation.