Product Liability Law Blog

Honda has just recalled its 2001 Honda Civic, as part of an expansion of an earlier recall involving defective driver's side air bags. This 10-year-old model is the same one that college student Kristy Williams was in on April 2010 when while stopped at a traffic light the vehicle's frontal air bags suddenly deployed, sending razor sharp metal pieces into the left side of her neck as the driver's side air bag exploded.

Williams' carotid artery was cut and she began losing a great deal of blood. She also broke her left arm. She then spent two weeks in the ICU where she suffered from seizures and a heart attack while undergoing multiple surgeries.

Williams' Georgia auto products liability attorney has said that Honda should have recalled the 2001 Honda Civic sooner and that this could have prevented the college student from getting hurt. Honda has settled Williams' Georgia air bag defect lawsuit for an undisclosed amount. However, Williams has been left with a six-inch scar on her neck and because of her injury she will no longer be able to become a police officer.

Honda announced its expanded recall earlier this month--its fifth one over the same defect since 2008. 20 car accidents and 2 deaths related to this air bag safety issue have been reported in the US since 2009.

The automaker explained that should the driver's side air bag go off with too much force, its metal inflator casing could rupture. Seeing as the casing holds an explosive propellant, the metal from the casing could turn into shrapnel pieces and fly into the driver.

The autos named in this month's Honda air bag defect recall include the:
• Honda Civic ('01,'02,'03 models)
• Acura 3.2 CL ('03 model)
• Honda Accord (certain '01 and '02 models)
• Acura 3.2 TL ('02 and '03 models)
• Honda Odyssey ("01, '02, '03 models)
• Honda CR-V ('02 and '03 models)

Air bags are supposed to be designed to protect passengers, not cause them serious injury. For an air bag to deploy at the wrong time and without warning can prove extremely catastrophic and even fatal.

Serious air bag injuries can include traumatic brain injury, neck injuries, chest injuries, impact injuries, shrapnel injuries, hearing loss, blindness, thoracic trauma, burn injuries, lacerations, arm fractures, leg fractures, and abrasions.

How Honda's faulty air bags maimed a Georgia student, USA Today, December 20, 2011

Honda Recalls 304,000 Cars Globally Over Air Bag Concerns, ABC News, December 2, 2011

More Blog Posts:
Air Bag Defect Prompts Honda to Recall another 273,000 Autos, Product Liability Law Blog, November 30, 2011

Serious Airbag Defect Leads Honda to Recall 440,000 More Civics, Accords, and Acura TL's, Product Liability Law Blog, July 31, 2009

Texas Auto Products Liability: Air Bag Defect Lawsuit Seeks Damages from GM, Product Liability Law Blog, May 10, 2011

Continue reading "Recently Recalled Honda Civic Blamed in Georgia Air Bag Defect Lawsuit " »

Build-A-Bear Workshop Inc. and the U.S. Consumer Product Safety Commission have announced the voluntary recall of 284,000 Colorful Hearts Teddy Bears. The recall is over concerns that the stuffed doll's eyes might come lose and fall off, creating a potential choking hazard. To date, there have been no reports of related injuries.

The announcement comes shortly after the CPSC fined Build-A-Bear $600,000 over a defective toy beach chair. The fine settles claims that the company allegedly knew that the toys were dangerous long before notifying the CPSC about the product defect.

The CPSC claims that Build-A-Bear started getting reports as early as July 2007 that the toy chairs, which are accessories for their stuffed animals, could cause laceration, pinching, and fingertip amputation injuries in the event that the finger or another part of the body were to get caught in the middle of the wood frame while it was being folded. Build-A-Bear finally reported the defect in March 2009. Prior to that, however, in October 2008 the company stopped selling the chairs and told stores to give the product back to the storage warehouse.

Build-A-Bear says that with over 200,000 toy chairs sold between 2001 and 2008, it had received 10 injury complaints.

Companies must report a product defect that poses a substantial injury risk immediately. The CPSC has taken a tough stance against companies that fail to notify it about any products that pose a serious injury risk. In 2005, Graco Children's Products Inc. was fined $4 million for not notifying the government in a timely manner about over 12 million products that were dangerous to kids.

Notifying the government about a defective product makes it easier for the public to become aware that a product may be dangerous. This may prevent serious injuries from happening.

Build-A-Bear Workshop to pay $600,000 fine in defective toy chair case, Business Insurance, December 22, 2011

Build-A-Bear Recalls Colorful Hearts Teddy Bears Due to Choking Hazard, CPSC, December 23, 2011

Build a Bear

More Blog Posts:
Registering Your Kid's Products Can Help You Find Out About Dangerous Defects, Product Liability Law Blog, December 12, 2011

Prevent Child Injuries This Holiday Season By Avoiding Dangerous and Defective Toys, Product Liability Law Blog, November 23, 2011

Little Tikes Recalls Another 1.7 Million Toy Workshop and Tool Sets Over Choking Hazard, Product Liability Law Blog, October 6, 2011

Continue reading "Choking Hazard Prompts Build-A-Bear to Recall Over 280,000 Teddy Bears" »

According to officials, the government has recovered $2.8 billion in false claims cases with the assistance of whistleblowers. This monetary amount is a yearly record high.

During fiscal year 2011, 636 qui tam lawsuits filed by whistleblowers. (In past years, about 300-400 complaints were submitted annually.) The Justice Department secured over $3 billion in judgments and settlements in civil fraud cases under the False Claims Act. $2.4 billion was related to fraud against federal healthcare programs, including Medicaid, Medicare, federal Employees Health Benefits, TRICARE, and Veterans Administration health programs.

Since 1986, when the False Claims Act was amended to provide stronger incentives for whistleblowers to come forward, there have been over 7,800 Qui Tam complaints filed. According Assistant Attorney General for the Civil Division Tony West, 28% of the recoveries obtained from these occurred after Barack Obama became president.

The Obama Administration has made combating health care fraud a major priority. With the establishment of the Health Care Fraud Prevention and Enforcement Action Team (HEAT), the government has used the False Claims Act to get back over $6.6 in federal health care dollars in the last two years.

This past fiscal year, enforcement actions against members of the pharmaceutical industry resulted in the largest recoveries, with almost $2.2 billion in civil claims that were gotten back. $421 million was recovered from state Medicaid Fraud cases and $1.76 billion was for federal recoveries. Eight drug companies paid $900 million over allegations that they upped their profits through unlawful pricing. GlaxoSmithKline PLC paid $750 million to settle civil and criminal charges that it purposely turned in, or caused to be submitted, false claims for adulterate drugs and medications that weren't in line with Food and Drug Administration specifications.

At the Gilbert Law Group, we know how much courage it takes to step forward and report fraudulent activity by your employers or others with whom you have an affiliation. This is one of the many reasons why you should seek experienced legal counsel that understands what is entailed in filing a whistleblower lawsuit.

Remember that it is key that you keep the information you have about the fraudulent activity confidential. Even limited public disclosure of what you know can bar you from being able to file your whistleblower claim.

Per the False Claims Act's whistleblower provisions, you may be entitled to a percentage of whatever the government recovers because of the information that you provided.

Justice Department Recovers $3 Billion in False Claims Act Cases in Fiscal Year 2011, Justice.gov, December 19, 2011

What is the False Claims Act & Why is it Important?, The False Claims Act Legal Center

More Blog Posts:
Secret Whistleblower Played Key Role in Bank of New York Mellon Investigation, Product Liability Law Blog, October 13, 2011

Secret Whistleblower Played Key Role in Bank of New York Mellon Investigation, Product Liability Law Blog, October 31, 2011

Continue reading "Whistleblower Cases Result In Record $2.8B Recovery During Fiscal Year 2011" »

Roche has agreed to pay $20M to settle a whistleblower complaint filed by an ex-manager who claimed that the drug Rituxan was marketed off-label and that Medicaid and Medicare ended up making payments for the immunosupressant that were unnecessary because of Roche is a unit of Genentech. Per the Pennsylvania whistleblower lawsuit, which was filed by former sales development senior manager John Underwood, Genentech encouraged doctors and medical providers to bill government reimbursement programs for 'off-label' uses of the drug and make it appear that their recommendation were arrived at independently.

During the period of time cited by Underwood (between 2000 and 2002), the Food and Drug Administration approved Rituxan to treat refractory/relapsed low-grade non-Hodgkins lymphoma and other types of non-Hodgkins lymphoma ( rheumatoid arthritis, lymphocytic leukemia, and follicular lymphoma have since been added to the drug's label.) However, Underwood says that Genentech encouraged that Rituxan be used to treat a number of conditions that were off-label, including chronic lymphocytic leukemia, autoimmune hemolytic anemia, idiopathic thrombocytopenic purpura, and rheumatoid arthritis.

Underwood also accused the drug maker of hiring doctors to "independently" speak about Rituxan and promote these off-label purposes. The physicians were paid consulting fees that were actually kickbacks and it was their job to get sales reps to also push the drug's off-label uses. Many doctors were invited to educational seminars at "luxurious" sites, and physicians were retained to conduct workshops to teach salespersons "selling skills." Sales reps also were allegedly offered financial incentives.

Filing a whistleblower lawsuit allows a US citizen to help expose fraud involving other(s) submitting a false claim to get the government to pay. Under the False Claims Act, a person who files a Qui Tam/whistleblower complaint may be eligible to receive up to 30% of whatever is recovered.

Underwood's share of the $20 million settlement is $5.7 million. Genentech has also agreed to pay for Underwood's legal fees and expenses. However, the drug manufacturer is not admitting to or denying wrongdoing by settling.

As a potential whistleblower it is important you keep the information you know that exposes fraud against the government private and that you talk to an experience whistleblower law firm immediately. Also, you should know that False Claims Act protects whistleblowers that come forward from retaliation.This means that if you were fired or placed on leave because you blew the whistle, you may be entitled to twice the amount of wages that you ended up losing.

Genentech settles Rituxan whistleblower suit for $20M, BizJournals, December 2, 2011

Roche Pays $20M To Settle Whistleblower Lawsuit, Pharmalot, December 2, 2011

Rituxan

Roche

Federal False Claims Act


More Blog Posts:
Secret Whistleblower Played Key Role in Bank of New York Mellon Investigation, Product Liability Law Blog, October 31, 2011

Texas Auto Products Liability Lawsuit Seek Damages from Chrysler Over Wrongful Death and Personal Injury Involving Durango Crashing into Townhome, Product Liability Law Blog, October 30, 2011

Toys 'R' Us Ordered to Pay $20.6M Products Liability Lawsuit in Inflatable Pool Slide Death, Product Liability Law Blog, October 26, 2011

Continue reading "Roche Settles Whistleblower Lawsuit for $20M" »

Under federal law, the manufacturers of toddler and infant products that are durable are supposed to include a pre-stamped postcard with each item. This gives parents the option to register the product via mail or online, which gives the product maker the ability to provide immediate notification in the event of a recall over a dangerous defect. Considering that millions of children's products are recalled each year, this mandatory registration system would seem like a good idea except that, according to a Consumer Federation of America survey, 61% of parents with kids younger than 12 didn't even know that this new notification system existed.

The law is called the Danny Keysar Child Product Safety Notification Act and it is named after a 16-month old baby who died in his sleep in a child strangulation accident that occurred because the Playskool Trav'l Lite portable crib he was in collapsed. Although the portable crib was recalled five years before Keysar was born, no one notified the daycare center where the crib was located about the news. The crib had two collapsible rails that posed a strangulation hazard in the event that the infant sleeper to collapse while the baby was in it.

Keysar is not the only infant to die in one of these cribs. His parents filed a crib defect lawsuit against Kolcraft/Playskool-Hasbro. Their products liability complaint seeking wrongful death was settled for $3 million.

At the Gilbert Law Group, PC, our child injury lawyers are committed to helping kids and their families recover products liability compensation from manufacturers whose products caused serious personal injury or death.

It is a manufacturer's job to make sure that a product is free of harmful defects that could hurt users. Unfortunately, there are some companies that fail to fulfill this duty, which means that as parents and guardians, we must be extra vigilant in looking out for potential defects or hazards and take on the task of protecting our kids. Registering a product is one way to keep abreast of potential safety issues. You can also check the Consumer Product Safety Commission's Web site, which publishes a list of recalled products. It also is a good idea to check a product for potential safety hazards, such as easy to swallow parts, long drawstrings, sharp or protruding parts, small magnet pieces, and other dangers.

Registering new products could be a life saver, ABC Local, December 14, 2011

Are recalls reaching the right people?, Consumer Reports, January 4, 2011

Danny Keysar Child Product Safety Notification Act

More Blog Posts:
Prevent Child Injuries This Holiday Season By Avoiding Dangerous and Defective Toys, Product Liability Law Blog, November 23, 2011

Michigan Products Liability Lawsuit Seeks Wrongful Death Damages Against Nap Nanny Maker, Product Liability Law Blog, November 19, 2011

22,000 Dream on Me Drop-Side Cribs Recalled Because They Pose Laceration, Entrapment, Suffocation, and Fall Hazards, Product Liability Law Blog, May 24, 2011

Continue reading "Registering Your Kid's Products Can Help You Find Out About Dangerous Defects" »

Two automakers have announced auto recalls over unrelated brake problems. Honda Motor Corp. is recalling about 126,000 GL-1800 motorcycles (2001 and 2012 models) while Subaru of America is recalling approximately 32,000 vehicles (2012 models of the Outback, Legacy, and Impreza). So far, no related injuries or traffic crashes have been reported. However, if you or someone you loved was injured in a collision involving any of these vehicles and you believe that faulty brakes may have played a role, please contact our auto defect law firm immediately.

The Honda recall is over a safety issue involving the secondary brake master cylinder, which may cause brake dragging. If this happens, a motorcycle accident may happen.

The car manufacturer has received 26 complaints over this safety issue, including 2 involving motorcycle fires. Honda says that only 4% of the vehicles that have been recalled are carrying the defective brake part.

This recall comes on the heels of Honda's one last week over 273,000 vehicles and a side air bag defect that could cause the safety device to deploy too forcefully during an accident. Last week's recall is the fifth one the automaker has announced over this safety issue, which now has affected nearly 2 million autos.

Meantime, Subaru has received 112 reports of problems involving a faulty brake master cylinder that could cause the brake pedal to go further than expected. If this were to happen, the driver might not be able to gauge exactly how much pressure he/she needs to apply to quickly stop the vehicle. The automaker says that only about 3,000 of the vehicles that contain the defective part were sold, while the rest are still headed for or are at dealer lots.

For both recalls, customers can take their Honda motorcycles and Subaru cars to a dealer where they will inspect the vehicles and replace any defective parts.

In other auto recall news, a power-steering problem has prompted Nissan to recall 7,365 Rogue compact crossovers (2011 model). This safety issue involves a circuit board that may have been improperly installed on the electric power-steering assist control unit. If the circuit board fails and the assist feature stops working, the driver may have to apply more force to steer the motor vehicle, which can increase the risk of a collision.

Unfortunately, not all auto defects end up as part of a recall. Or, if they do, it may not be until after a deadly crash has already happened. If you or your loved one was injured in a car collision because an automaker made an unsafe vehicle, there may be grounds for auto products liability or wrongful death damages. There may also may be other liable parties, such as the dealer that sold you the vehicle or a maintenance repair shop that failed to properly repair the auto.

You should retain the services of a law firm that has a thorough understanding of auto products liability. Going after a car manufacturer can be tough, and you want your auto defect lawyers to have the skills, resources, and knowledge to do the job right.

Subaru, Honda, recall vehicles due to brake issues, CBS News, December 5, 2011

2011 Nissan Rogue recalled for power-steering issue, Newsday, December 5, 2011

More Blog Posts:
Air Bag Defect Prompts Honda to Recall another 273,000 Autos, Product Liability Law Blog, November 30, 2011

Honda Expands Air Bag Recall with Another 833,000 Vehicles, Product Liability Law Blog, May 3, 2011

Auto Products Liability: US Supreme Court Sends Window Defect Lawsuit Against Ford and Seat Belt Defect Case Against Mazda Back to the States, Product Liability Law Blog, March 4, 2011