201112.04

Product Liability Compensation Claim Settled over Faulty Shoes

in Product Liability Claims, Product Liability Compensation

A man, who developed huge blisters on his feet due to high levels of a chemical irritant in the fabric of his shoes, has settled his product liability compensation claim with the American manufacturer.

Chris Heleine (51) from West Yorkshire had purchased the shoes from a trendy menswear shop in Leeds to wear while on holiday in Menorca, Spain in April 2009. However, within a day of wearing the shoes on his vacation, Chris´s feet developed painful blisters and he was taken to hospital by his wife.

The hospital in Menorca was able to lance the blisters and drain the fluid which had collected beneath the top layer of skin, but for a week, Chris had to return to the hospital on a daily basis to have the dressings checked and changed due to the high risk of infection.

On the return to his home town of Huddersfield, Chris – still experiencing severe sensitivity in his feet – sought legal advice and had the shoes analysed for their chemical content. It was discovered in the test that there was a high level of 2-Mercaptobenzothiazole in the fabric of the shoe – a known irritant which had caused the skin on Chris´s feet to react so dramatically to wearing the shoes.

Chris filed a product liability compensation claim against the American manufacturer of the shoes – Collective Brands – and after the negligent company conducted their own tests, they offered Chris a four figure out-of-court settlement which Chris agreed to.

201110.15

20.6 Million Dollar Damages Awarded for Pool Slide Death

in Product Liability Compensation, Wrongful Death Claims

The family of a woman who sustained horrific injuries and subsequently died after an inflatable pool slide “bottomed out” has been awarded 20.6 million dollars by a judge in Salem, Massachusetts.

Robin Aleo (29) from Boston, Massachusetts, was enjoying a day by her relative´s pool in July 2006 when she attempted to go down the slide into the pool where her husband and daughter were playing. As she approached the bottom of the inflatable slide, it “bottomed out”, causing her to hit her head on the pool decking.

Robin was taken to hospital with a fractured neck and was put on life support in a quadriplegic condition. When she showed no signs of recovery, the life support system was turned off and Robin died a short time after of her injuries.

Alleging that the slide had been faulty and failed to comply with federal standards for inflatable toys, Robin´s husband took the retailer of the slide – “Toys R Us” – to court in a product liability compensation claim.

In the Salem Superior Court, the jury agreed with argument and found Toys R Us professionally negligent in importing the inflatable slide from China and selling it – both online and in their retail outlets. After a short deliberation, the judge awarded compensatory and punitive damages totalling 20.6 million dollars to the family, stating “Although nothing can bring Robin back, this award will help provide some security for the husband and daughter who lost her.”

201106.14

31.4 Million Dollars in Defective Boat Design Compensation

in Product Liability Compensation

Two Californian students, who suffered horrendous injuries when they were swept out of a defectively designed boat and into the path of its spinning propeller, have been awarded over thirty million dollars between them in personal injury compensation.

Niki Bell (27) and Bethany Wallenburgh (26) were enjoying a day out with friends on Lake Oroville in August 2006 aboard a friend´s MasterCraft X-45 24-foot-long boat. As the boat turned to collect a fallen wakeboarding colleague, the boat submerged unexpectedly – sweeping the two girls off of the bow and into the propeller.

Niki was struck three times in the head by the propeller as the boat passed over her – slicing into her skull, through her brain and across the front of her face. She now requires permanent care due to the brain damage she sustained. Bethany fell into the water feet first and suffered severe injuries to her back, leg and elbow from contact with the propeller.

In an investigation into the accident, it was discovered that the design of the boat featured a hole in the anchor locker which enabled water to enter the boat and go into the hull. Users of the boat would be unaware that the boat was taking on water, and when the boat dips – as when turning sharply in the tragic accident – huge amounts of water pours in, making the boat unstable.

The parents of the two girls brought a civil case against the designers and manufacturers of the boat – MasterCraft of Tennessee – claiming that the design was not safe and that certain other factors – such as the lack of adequate handrails on the bow of the boat – made the boat defective and unsafe for use.

They were supported in their action during the 49 day trial at the Butte County Superior Court by a former MasterCraft employee, who testified that the boat had been designed by combining elements of two existing designs to create the X-45, and the company had never evaluated whether it would perform safely.

The twelve person jury deliberated for two and a half days before announcing that they agreed with the claimants that the boat was unfit for use and awarded the sums of 30.9 million dollars to Niki´s family and 530,688 dollars to Bethany. Concern was also expressed that there are almost one thousand more MasterCraft X-45 boats on American waters, and their owners are unaware of the potential for horrendous and potentially fatal injury.

201105.31

Man to Receive 1.6 Million Dollars for Leg Lost in Grain Bin

in Farm Accidents, Farm Injury Claims, Industrial Accidents, Product Liability Claims, Product Liability Compensation, Workplace Injuries

A man, whose right leg was severed when it became trapped in a grain bin, has been awarded 1.6 million dollars in a product liability compensation claim against the designer of the grain bin – Ken Babcock Sales Inc. of Hiawatha, Kansas – and his employer – the Fredonia Cooperative Association of Fredonia, Kansas.

Sam Rollings (23), of Wilson County, Kansas, was sweeping out corn in the grain bin in January 2007, when he slipped and his right foot became entangled in the drag chain of the grain bin conveyor system. His leg was pulled into the machine and Sam suffered such severe injuries to his right foot and lower leg that surgeons could not save it.

In an action against the designer of the grain bin and his employer, it was claimed that there were no protective barriers or guard rails in the grain bin, and that no instructions or warnings were ever issued to employees working in the grain bin about the hazards which were present. Claiming personal injury due to product liability, the case was tried before District Court Judge David Rogers of the District Court of Wilson County, Kansas.

After seven hours of deliberation, the jury agreed with Sam that both Ken Babcock Sales and the Fredonia Cooperative Association were jointly responsible for his injuries, and awarded a total of 1.6 million dollars to cover a loss of earnings, past medical expenses and future medical care.

201104.19

Preliminary Disclosure to Begin in U.S. DePuy Litigation

in DePuy ASR Hip Replacements, Product Liability, Product Liability Claims, Product Liability Compensation

In the United States, preliminary disclosure has begun in the federal multi district litigation (MDL) against DePuy Orthopaedics Inc. following the company’s recall of the DePuy ASR hip replacement systems last year.

The significance of preliminary disclosure is that depositions are taken against three DePuy executives to examine the company’s retention policies, electronically stored information and corporate organisation. The information gained from these depositions will assist lawyers representing plaintiffs in the States, who have identified certain documents relating to the sale and distribution of the ASR hip replacement systems which will strengthen their clients’ cases.

The MDL process has been agreed upon by both lawyers representing clients throughout the United States and DePuy Orthopaedics Inc. to speed up the time in which product liability claims against DePuy can be resolved. The depositions against the three DePuy executives are scheduled to be concluded on April 28 2011 and pre-trial arguments will then commence before the Honourable Judge David A. Katz of the Northern District of Ohio.

When the MDL process reaches this stage, it is anticipated that the number of plaintiffs involved in the action against DePuy Orthopaedics Inc. will have risen to many thousands. Approximately 93,000 hip replacement patients are affected by the faulty DePuy ASR hip replacement systems in the United States.

201104.11

U.S. Drug Watchdog Urges DePuy Victims to Claim Individually

in DePuy ASR Hip Replacements, Product Liability Claims, Product Liability Compensation

Hip replacement patients, who have had faulty DePuy ASR Hip Replacement Systems implanted, are being urged to make independent claims for product liability and personal injury compensation, rather than rely on class actions.

The call comes from “U.S. Drug Watchdog”, a private company monitoring pharmaceutical and medical devices in the United States, as many class actions are in the process of being prepared.

Their fear is that individuals who suffer more acute complications during the revision surgery will be undercompensated for their pain and suffering and could lose up to 100,000 dollars in compensation.

Settlement of DePuy compensation claims in America may also be delayed by an ongoing investigation into doctors who received “incentives” to promote selected hip and joint replacements.

DePuy Orthopaedics were one of four companies who were recently fined 310 million dollars by the U.S. government following an investigation into Medicare fraud, and now the Justice Department’s U.S. attorney in Newark, Christopher Christie Jr., is looking into the role of the American Academy of Orthopaedic Surgeons in the promotion of faulty hip replacement systems.

201104.02

Warning Over Zinc Poisoning in Denture Creams

in Drug Side Effect Compensation, Product Liability Claims, Product Liability Compensation

A report published in the March/April 2011 edition of the American “General Dentistry” journal advises dentists against exposing patients to too excessive amounts of zinc by ensuring that their dentures fit correctly.

Zinc is a common metal used in dental products, and administered in the recommended quantities should not present a problem. However, too much zinc can result in a copper deficiency, neurological problems and anaemia.

The report gives as an example a tube of denture adhesive – such as Flexigrip – which should last denture wearers up to twelve weeks. Some patients, who have ill-fitting dentures, will use much more than is recommended to keep their dentures in place.

Lawsuits have been filed in America against the manufacturers of denture creams which contain zinc for not adequately warning about the risks associated with the product. GlaxoSmithKline has reportedly settled some lawsuits regarding the zinc toxicity of their denture adhesive, Poligrip.

201008.17

Massive Egg Recall in USA due to Salmonella Outbreak

in Product Liability, Product Liability Claims, Product Liability Compensation

Half a billion eggs shipped to 14 states in the USA have been recalled over recent weeks due to a salmonella outbreak. Around 2,000 cases of salmonellosis have been reported, although with unreported cases the true number could be over 70,000.

The entire outbreak was linked to a very small number of farms, mainly due to the consolidation in US agriculture over the past few decades. The production methods of these massive farms have been called into question and there have been many calls for improvements in the way the Food and Drug Administration supervises the food industry.

Salmonella is the genus name for a large number (over 2,500) of types of bacteria. The most common disease associated with Salmonella is called Salmonellosis, which is gastroenteritis (food poisoning). The symptoms are nasea, vomiting, and diarrhea. Although food poisoning is usually mild, it does lead to about 500 deaths per year in the USA.

The most obvious way to avoid egg-based Salmonellosis is not to eat eggs, especially infants and elderly people. If you do want to eat eggs, then only eat fresh eggs and ensure that the are fully cooked. You should even take the precaution of washing all hands and all surfaces that come in contact with raw eggs (and raw chicken or meat for the same reason).

As might be expected, the crisis has resulted in multiple lawsuits from victims.

201005.25

Toyota Recall Starts Flood of Compensation Claims

in Compensation Claims, Passengers in Car Accidents, Product Liability Claims, Product Liability Compensation, Rear End Car Accidents, Road Traffic Accident Claims

In a ruling that will have important implications worldwide for compensation cases, the US government has proposed a civil penalty of $16.4 million on Toyota because the company “knowingly hid a dangerous defect” that caused its vehicles to accelerate unexpectedly. Toyota was initially praised by US authorities for the way it handled recalls to repair faulty accelerator pedals on more than 8 million cars globally (including 2.3 million cars and trucks in the USA).

However, it later emerged that Toyota waited at least four months before reporting the faulty accelerator pedals to US regulators, in contravention to safety regulations that require safety defects to be reported in five business days.

Toyota is facing at least 177 consumer and shareholder lawsuits seeking class-action status and at least 56 suits claiming personal injuries or deaths caused by sudden acceleration incidents. The United States National Highway Traffic Safety Administration has estimated that 52 people have died in Toyota accelerator-related crashes. A much higher number of people have escaped death but been injured. On April 9th, 2010, the United States Judicial Panel on Multidistrict Litigation ordered all federal lawsuits related to the Toyota recall should be heard together at the Central District of California before Judge James Selna.

There is also an unusual case of a Toyota Camry driver who claimed he tried to stop his car but crashed into the back of another car, killing three people. The driver in the read end car accident was sentenced to eight years in prison. The conviction was unusual because the car was clearly out of control having dodged cars at an intersection prior to finally crashing, and the driver had family members in the car. The investigation at the time focussed on the brakes, which were found to be working correctly, rather than investigating the accelerator.

Toyota car owners in the USA are also suing for the reduced resale value of the cards due to the recalls. The claim is supported by various industry guides to the resale value of cars, such as Kelley Blue Book, which lowered the resale value of recalled Toyota cars by an average of 3.5 percent. The price reduction was up to $750 for a Toyota Sequoia. The lawsuits related to lost resale value are considered a much greater financial liability than the lawsuits related to crashes because there are millions of Toyota car owners that may be entitled to compensation. In a previous recall in the USA, Ford Explorer owners were given vouchers worth between $300 and $500 towards the cost of a new Ford car.

Toyota Recalls in Ireland

Toyota Ireland announced in February that it was recalling 26,000 cars in Ireland, although this number was later reduced to just over 18,000. There was immediate speculation that drivers whose car was subject to the recall but ignored the recall and any potential problems with their vehicles could be potentially liable in the case of an accident and even face charges related to negligence. Toyota Ireland issued a statement on the issue of legal liability: “A driver of a potentially affected vehicle could only be the subject of a charge under the Road Traffic Act if involved in an accident if he or she is aware that their vehicle is the subject of this recall campaign and that he or she is aware of the signs of wear and tear, symptomatic of the defect in the accelerator mechanism and they have become apparent, namely the accelerator sticking or becoming slow to return to idle, and they continue to drive the vehicle in this condition.”
Toyota is clearly exposed to product liability claims due to its faulty accelerators, and will no doubt be involved in many road traffic accident claims, as well as pedestrian accident claims, claims from passengers in car accidents, and most of all, claims for rear-end car accidents where the rear driver is driving a Toyota car.

Category Archives: «Product Liability Compensation»