Washington DC Injury Lawyer Blog

The US Supreme Court has agreed to determine whether a federal law protects vaccine manufacturers from certain kinds of products liability lawsuits in the event of vaccine injuries. The case involves 17-year-old Hannah Bruesewitz who, during the first 6-months after she was born was vaccinated against tetanus, diphtheria, and pertussis with 3 DPT vaccines. She would go on develop residual seizure disorder.

Because Hannah suffers from serious developmental impairments, her parents say that she will require a lifetime of care.

Russell and Robale Bruesewitz submitted their petition to the U.S. Court of Federal Claims. When their claim was turned down, they filed a dangerous drug lawsuit against vaccine maker Wyeth. They claim that the pharmaceutical company could have marketed a vaccine that was safer and included better warnings about its possible risks. The drug maker has denied that its vaccine caused the girl’s injuries. It has, however, discontinued the DPT vaccine.

In 2009, an appeals court determined that the National Childhood Vaccine Injury Act of 1986 preempted the Bruesewitz's injuries to a child complaint. The act, which provides compensation for vaccine injuries, protects vaccine manufacturers from products liability complaints. An injured party cannot sue the vaccine maker if the side effects that were sustained were unavoidable and even if the vaccine came with the correct directions and warnings and was manufactured properly.

Oral arguments in the Supreme Court case, Bruesewitz v. Wyeth, 09-152, will likely take place in the fall. The nation’s highest court agreed to hear the case following decisions by lower courts that conflicted with one another. Some 5,000 claims are pending that link neurological damage to childhood vaccines.

High Court Wades Into Funeral Protests, Vaccines, Wall Street Journal, March 9, 2010

Court to decide if vaccine makers can be sued, Reuters, March 8, 2010

Related Web Resources:
Vaccines, Centers for Disease Control and Prevention

National Vaccine Injury Compensation Program (VICP), HRSA.gov

Continue reading "Injuries to Children: US Supreme Court to Rule On Whether Vaccine Injuries Allow for Products Liability Lawsuits" »

In Washington DC on Wednesday, Akio Toyoda, the president of Toyota Motor Corp., appeared before the US Congress to apologize over the acceleration and brake issues that has led to the recall of more than 8.5 million vehicles in less than six months. Toyoda is the grandson of Toyota’s founder.

In front of the Committee on Oversight and Government Reform, Toyoda took responsibility for the company’s failure to properly acknowledge and deal with the issues that have allegedly injured and killed so many. The US government has opened a criminal probe into Toyota’s handing of the safety issues.

According to the Los Angeles Times, at least 56 deaths are linked to Toyota’s sudden untended acceleration problems, and not all of the Toyota vehicles involved in these deaths have been recalled. The National Highway Traffic Safety Administration has received complaints regarding 34 of these fatalities, while another 22 Toyota-related deaths were identified in police reports and auto products liability complaints over wrongful deaths.

Granted, the NHTSA’s information does not say whether the complaints are valid, and the allegations have not been proven in a court of law. However, our Washington DC auto products liability lawyers cannot help but be concerned that there are so many US car crash victims that have reportedly died or gotten hurt while in a Toyota vehicle.

Over the years, many people have opted to buy Toyota vehicles because the automaker has been known for making safe cars. Yet many of the victims that died in alleged runaway Toyota car crashes weren’t doing anything dangerous at the time. They weren’t driving drunk or talking on a cell phone. Instead, as the LA Times reports, they were just living their lives—going shopping, returning to the office from a lunch break, headed to the bank, etc.

One 62-year-old woman faces time in prison if she is convicted for reckless driving and gross vehicular manslaughter over a 2008 car crash that killed her sister-in-law. The driver, who along with another passenger was also seriously injured, had a clean driving record before the catastrophic auto accident. Her family believes that an electronic malfunction, rather than driver negligence, may have been the actual reason that the Lexus RX330 accelerated unintentionally and overturned.

Crash reports tell of horror, Los Angeles Times, February 28, 2010

After stoic showing in Congress, Toyoda breaks into tears, Reuters, February 24, 2010

Related Web Resources:
Toyota Motor Corporation

National Highway Traffic Safety Administration

GlaxoSmithKline PLC says it is taking “voluntary, precautionary” measures by removing zinc from all of its denture creams. The pharmaceutical company acknowledged that health issues have been linked to long-term excessive use of denture adhesive products that contained zinc in them. However, a Glaxo spokesperson noted that its denture creams are safe if used as instructed and that it is only excessive use over an extended period of time that causes neurological symptoms.

Currently, Glaxo is the manufacturer of the Super PoliGrip line, including Original, Extra Care, Ultra Fresh, and the zinc-free Super Poligrip Comfort Seal Strips, Free, and Powder. Approximately 8.5 million people use these poligrip products.

However, the concern that long-term use of denture creams with zinc is causing neurological damage, including crippling nerve injuries, is growing. Already, dozens of people have filed products liability lawsuits alleging denture cream injuries.

According to a Neurology study from 2008, high doses of zinc may lead to copper deficiencies that can cause nerve damage. Because some denture cream wearers need a lot of adhesive to keep their teeth in place, these persons are likely absorbing more zinc than what is considered safe.

Our Washington DC products liability lawyers know how upsetting it can be to discover that your injuries were caused by a pharmaceutical product that you believed was benefitting you rather than harming you. There may be legal options that can allow you to obtain Washington DC personal injury recovery.

Possible signs that denture crème poisoning is causing neurological damage:

• Constipation
• Anorexia
• Balance problems
• Neuropathy
• Abnormal heart rate
• Sores
• Perspiration difficulties
• Extremity-related weaknesses
• Paresthesias
• Bone marrow failure
• Dyesthesias
• Blood pressure problems

Glaxo to Remove Zinc From Denture Cream, The Wall Street Journal, February 18, 2010

Glaxo Plans to Remove Zinc From Poligrip Denture Adhesive, The New York Times, February 18, 2010

Related Web Resources:
GlaxoSmithKline

Zinc poisoning, MedlinePlus

Our Washington DC products liability attorneys are concerned about the dangers that poorly designed cribs post to young children. On Tuesday, the U.S. Consumer Product Safety Commission announced that it is recalling all “ChildESIGNS” and Generation 2 Worldwide drops side cribs following three infant deaths. The CPSC says these cribs are very dangerous and pose suffocation and strangulation risks to children. The CPSC wants caregivers and parents to stop using these cribs right away.

The three babies died after the drop side on their cribs detached and they got stuck between the mattress and the drop side. The first crib entrapment death happened in September 2002 when the six-month old infant suffocated. The drop side became detached because it was missing two screws.

The entrapment death, involving an 8-month-old victim, happened in October 2003 after the drop side’s plastic hardware broke. In July 2007, an 8-month-old child suffocated during an entrapment accident.

There have been 20 other reported drop side incidents involving the recalled cribs. Two children survived their entrapment accidents, although one child sustained bruises. Five kids fell from their cribs when the drop sides detached. One child broke an arm.

Eight other incidents involved the mattress support detaching. In three of these crib accidents, three kids became entrapped between the mattress and the crib frame while four kids were able to crawl out of the crib. One child suffered bruises and cuts.

Generation 2 is no longer in operation.

Drop-Side Crib Dangers
As more drop-side cribs are recalled because of the possible entrapment, strangulation, and fall hazards they pose to infants and toddlers, it is no longer possible to ignore the dangers that this type of crib can pose because of the way they are designed. Millions of drop-side cribs have been recalled over the past couple of years. Some crib manufacturers are even proposing a ban on drop-side cribs.

Generation 2 Worldwide and “ChildESIGNS” Drop Side Crib Brands Recalled; Three Infant Deaths Reported, CPSC, February 9, 2010

Major manufacturers propose ban on drop-side cribs, Chicago Tribune, March 18, 2010

Related Web Resources:
What are the safety issues with drop-side cribs, About.com

Crib Bands from Consumer Reports

Continue reading "CPSC Recalls “ChildESIGNS” and Generation 2 Worldwide Drop-Side Cribs Following Three Child Deaths" »

In less than two weeks, Toyota has recalled 3.4 million vehicles in the US over accelerator-related auto defects. The first recall, involving 2.3 million vehicles, was announced because of a sticky gas pedal problem. Toyota has recalled 1.9 million vehicles over the same problem in Europe and China.

That recall was followed by the announcement this week that an earlier recall, involving floor mats that a gas pedal can get stuck on while the car is running, had been expanded. 1.1 million autos are joining the list of 4.3 million vehicles that were recalled last November—adding up to a grand total of 5.4 million Toyota vehicles that may possess this possible vehicle defect.

On Saturday, Toyota told the National Highway Traffic Safety Administration that it had come up with a fix to the sticking gas pedal problem. Details would be announced on Monday. The auto manufacturer’s reputation has been seriously tarnished in the wake of so many safety issues and auto defects.

The floor mat-gas pedal defect was responsible for the August deaths of four family members who were riding a Lexus that not only accelerated to speeds of over 100 mph but also could not be stopped. It turns out the floor mat had jammed the gas pedal. In December, another four people died during a single-vehicle Toyota car crash involved what appears to by a runaway Toyota. This time, the floor mat had been removed from the driver’s side. ABC News reports that there have been over 60 Toyota runaway car accidents in the last few months.

Accelerator-related defects can cause serious Washington DC personal injuries and may be grounds for an auto products liability lawsuit. While recalls are positive in the sense that an auto defect can be fixed, in many instances, the car manufacturer may have waited until after serious injuries or fatalities had occurred before announcing the recall.

Toyota gas pedal fix blessed by government; parts could be at dealers next week, Los Angeles TImes, Los Angeles Times, January 30, 2010

Toyota recall list: What to do if your gas pedal sticks, Christian Science Monitor, January 27, 2010

Toyota recall: 2.3 million cars, CNN, January 22, 2010

Related Web Resources:
Toyota Motor Corp.

Continue reading "Preventing Washington DC Auto Products Liability: Latest Toyota Recalls Over Floor Mat and Gas Pedal Defects Have Consumers Worried" »

This week, the Consumer Product Safety Commission announced a number of product recalls. Among them were two significantly large recalls involving the risk of serious injuries to infants and toddlers.

On Wednesday, along with Graco Children’s Products Inc., the CPSC recalled approximately 1.5 million Graco Strollers following two fngertip laceration accidents and five incidents involving fingertip amputations to children. The kids’ fingers were injured in the stroller canopy’s hinge mechanism.

Kid’s fingertips are highly sensitive and can damage easily during amputation, tearing, or crushing. Young children are especially at risk of sustaining fingertip injuries because they are always touching and/or placing their hands in objects. Ensuring that a fingertip injury receives immediate medical attention decreases the chances of permanent disability or deformity.

You can view the model numbers for the Graco Alano™, Passage™, and Spree™ strollers and travel systems that are part of the recall on the CPSC Web site. If you have one of the strollers, you should call Graco to ask for your free repair kit and stop using the product until you can fix the defect. If your infant or toddler sustained a fingertip injury, a Washington DC injuries to children law firm can help you determine whether you have grounds for filing a DC products liability claim.

The day before this latest Graco recall, the CPSC and Dorel Asia SLR announced the voluntary recall of 635,000 Dorel Asia cribs. These cribs are drop-side cribs, and there is concern that the drop-side might detach, causing strangulation, suffocation, or entrapment if the child falls into any gap created between the mattress and the drop-side. One 6-month-old baby died during an entrapment accident. Six kids who became entrapped when the drop-sides of their cribs detached survived. There are more than 30 reports involving drop-sides detaching. Seven children sustained scratches and bruises because of slat breakage.

Serious injuries to children can prove fatal. Crib manufacturers can be sued for Washington DC products liability if a product defect was the cause of your child’s injuries or death.

Graco Recalls Strollers Due to Fingertip Amputation and Laceration Hazards, CPSC, January 20, 2010

Dorel Asia Recalls To Replace Cribs; Pose Strangulation and Suffocation Hazards, CPSC, January 19, 2010

Fingertip Injuries/Amputationsg

Related Web Resources:
Graco

Dorel

The Consumer Product Safety Commission and the Window Covering Safety Council are recalling 50 million roll-up blinds and Roman shades because they are a potential strangulation hazard to young kids. A child can get seriously hurt if his/her neck gets tangled in the cord used to work the blinds and shades.

Since 2001, there have been three deaths involving the roll-up blinds and 16 near-strangulations and five deaths involving the Roman shades in the past three years. These shades can be fixed with a free repair kit. In the meantime, parents, guardians, and adults should take precautionary measures to childproof the blinds and shades by making sure that the cords are not easily accessible to kids—especially infants and toddlers. This includes making sure that there isn’t furniture close to the windows that children can climb on top of to reach the cords. If a cord reaches all the way to the ground, then it is important to make sure the cord is properly secured and taut. Another option is to stop using these blinds and shades.

Strangulation Injuries
According to Safe Kids USA, nearly 900 kids younger than age 15 die every year from airway obstruction. Most of the fatalities are children younger than age 4. About 17,200 strangulation injuries involving child victims occur annually. Most strangulation incidents take place in the home.

Products Liability
Window shades and blinds manufacturers have long been aware of the strangulation hazard these products have posed for young children. Yet they continue to sell their defectively designed products to consumers. How many child injuries and deaths must occur before manufacturers will stop producing these faulty furniture items?

Furniture makers can be held liable for Washington DC products liability or wrongful death involving injuries to minors.

Window Covering Safety Council Recalls to Repair All Roman and Roll-Up Blinds Due to Risk of Strangulation, CPSC, December 15, 2009

Blind recall: How to check if your Roman shades are safe, The Christian Science Monitor, December 15, 2009

Airway Obstruction, Safe Kids

Related Web Resources:
Window Covering Safety Council

Parent's Guide to Child Safety

Continue reading "50 Million Roll-Up Blinds and Roman Shades Recalled Because of Strangulation Hazard to Children" »

In Washington DC, the US Supreme Court has rejected Ford Motor Co’s appeal to reverse an $82.6 million auto products liability decision against the auto manufacturer. A jury initially award Benetta Buell-Wilson and her husband $356 million after a 2002 car crash caused her to become a paraplegic. A metal piece had fallen off the vehicle in front of Buell-Wilson’s 1997 Ford Explorer, which rolled over as she swerved the vehicle to avoid striking the object.

Ford has spent the last five years seeking to overturn the auto products liability verdict, which an appellate court later reduced to $82.6 million: $55 million for punitive damages, $5 million for loss of consortium, $18 million for noneconomic damages, and $4.6 million for economic damages.

The Supreme Court already returned the auto products liability lawsuit to the lower courts in 2007 following its Philip Morris USA v. Williams decision, which found that juries can’t make defendants pay punitive damages for harm suffered by people not connected to the case. An appeals court, however, determined that no modification of the previous ruling was necessary.

This time, the Supreme Court refused the case and did not provide commentary.

Automakers can be held liable for auto products liability and wrongful death if a vehicle defect or manufacturing error contributed to causing a catastrophic Washington DC car crash. Car manufacturers have been successfully sued over injuries stemming from tire blowouts, seatbelt defects, brake failure, engine malfunctions, rollover crashes, roof crush incidents, and car defect-related fires.

Auto manufacturers cannot afford to make faulty vehicles because often consequences for car accident victims and their families are life-shattering.

Supreme Court declines appeal in Ford Explorer rollover case, Business Journal, November 30, 2009

Supreme Court rejects Ford's appeal in rollover case, Los Angeles Times, December 1, 2009

Related Web Resources:
Supreme Court

People Safe in Rollovers

The National Highway Traffic Safety Administration is recalling 11,000 Toyota Tundra pickup trucks in the District of Columbia and 20 US states, including Maryland. The recall was announced due to concern that road salt can cause the vehicle’s frame to corrode excessively. The recall only affects Toyota Tundras, model years 2000 – 2003, registered in US states where chemical-de-icers are used on roads during winter weather.

The NHTSA says Toyota will replaced any damage to a vehicle’s frame or place a rust-resistant compound on the affected area. There is concern that corrosion may cause the vehicle’s spare tire, which is stored in the motor vehicle, to dislodge and fall onto the road (posing a potential road hazard) or on another vehicle. The development of rust on the vehicle can also lead to brake failure if the rear brake lines become damaged.

Considering that drivers need their brakes to work properly so that they can stop their vehicles, having brakes that don’t work properly can prove catastrophic. Brake failure can cause a vehicle to collide into another auto/solid, nonmoving object, strike a pedestrian, or drive into oncoming traffic.

The federal government has received at least 20 complaints that the corrosion has caused causing brake problems or spare tire separation.

Motor vehicle defects can cause serious injuries, as evidenced by the tragic accident that compelled Toyota to recall 3.8 million motor vehicles last September because of concerns that the floor mat on the driver's side can jam the accelerator. A family died last August because of this very defect.

Auto defects can be grounds for a Washington DC auto products liability lawsuit by the victim or surviving family members.

Recall Alert: Toyota Tundra, US News, November 25, 2009

Toyota Safety Recall Involves Record 3.8 Million Cars, Wired, October 1, 2009

Related Web Resources:
Toyota

Continue reading " 110,000 Toyota Pickup Trucks Recalled in Washington DC, Maryland, and 19 Other States Because of Worries that Excessive Rust Can Lead to Brake Failure and the Dislodging of Spare Tires" »