Product Defect Liability Lawyer Blog

Anthony Amaya, a 3-year-old boy died in a San Bernardino County rollover car accident after the car he was riding in overturned on the 215 freeway and ejected the boy onto the roadway, the Inland Valley Daily Bulletin reports. The fatal car crash occurred on the southbound 215 Freeway near the 10 Freeway interchange in Colton the night of June 28, 2009. Anthony was pronounced dead at an area hospital. The boy was apparently riding in the back of a 2005 Chevy Malibu when the driver lost control and crashed.

I offer my deepest sympathies to the family of little Anthony Amaya. Please keep them in your prayers.

According to California Highway Patrol's 2007 Statewide Integrated Traffic Reporting System, there were four fatalities and 352 injuries involving car accidents in Colton. In San Bernardino County as a whole, 308 fatalities and 9,920 injuries were reported in 2007 as a result of car accidents. According to the National Highway Traffic Safety Administration (NHTSA), there are about 40,000 car accident deaths in the United States each year, out of which about 10,000 or 25 percent involve rollover accidents.

Continue reading " San Bernardino County Rollover Accident Kills Toddler " »

Andrew Wade Jackson, 24, of the U.S. Navy, died in a San Diego County car accident after his car went down an embankment and struck a tree in Chula Vista. According to a news article on 10news' Web site, Jackson was driving alone on eastbound Otay Lakes Road near Wueste Road when he lost control on a curve and crashed his 2001 Nissan Maxima the night of June 23, 2009. Jackson was pronounced dead at the scene.

My heart goes out to the family and friends of this young officer. Apparently, he was married and assigned to the USS Nimitz. I offer my deepest condolences to his wife, his family, friends and shipmates. Please keep them in your prayers.

According to California Highway Patrol's 2007 Statewide Integrated Traffic Reporting System, there were seven fatalities and 824 injuries involving car accidents in Chula Vista. In San Diego County as a whole, 268 deaths and 14,641 injuries were reported in 2007 as a result of car accidents.

Continue reading " San Diego County Car Accident Kills Navy Man " »

Kowalke Family Sprouts has voluntarily issued a product recall of its brand of alfalfa sprouts and related products made in California because of possible salmonella contamination and risk of food poisoning. According to an Associated Press news report, the California Health Department says Kowalke Organics' sprouts were mostly distributed at Gelson's and Whole Foods markets in Southern California.

These recalled products had sell-by dates from June 18 to June 30. Kowalke Family Sprouts also voluntarily recalled related products such as packaged dinner salad and onion mix. Apparently, only one package of sprouts tested positive for salmonella, but the company decided to go ahead with the recall anyway.

Continue reading " Product Recall of Alfalfa Sprouts for Possible Salmonella Contamination " »

Matrixx Initiatives has officially announced that it will recall its Zicam intranasal cold remedies after hundreds of patients reported losing their sense of smell using the medications, the Associated Press reports. The U.S. Food and Drug Administration earlier this month issued a consumer alert about Zicam. Matrixx officials are saying that the product recall is voluntary while stating that they disagree with the FDA's safety warning, which maintains that the zinc-containing Zicam intranasal cold remedies are unsafe to use. The FDA is also alleging that the products were unlawfully marketed, an allegation which is also being challenged by Matrixx.

Continue reading " Zicam Defective Pharmaceutical Products Recalled " »

The family of a tree trimmer who suffered fatal on-the-job injuries on-the-job injuries in Inglewood has filed a product liability lawsuit against the manufacturer of the wood chipper that apparently caused the worker's death, the Los Angeles Times reports. Rafael Jimenez's family alleges in their lawsuit that Michigan-based Morbark knew for years that the safety features on its wood chippers were inadequate, but did nothing to prevent personal injuries and deaths that occurred as a result. Jimenez, a veteran tree trimmer in his 24th year on the job, was stuffing tree branches into a wood chipper April 2008 when his right hand became entangled in the branches. Jimenez was dragged into the blades of the machine that consumed almost his entire body.

Continue reading " Family of Fatally Injured Tree Trimmer Files Product Liability Lawsuit " »

Eight state attorneys general are opposing a provision in General Motors Corporation's bankruptcy plan that would free the manufacturer from auto product liability lawsuits filed by consumers who have suffered serious personal injuries as a result of defective GM auto products. According to a news report in the Wall Street Journal, attorneys general from Connecticut, Kentucky, Maryland, Minnesota, Missouri, Nebraska, North Dakota and Vermont filed an objection in U.S. Bankruptcy Court contending that GM's plan to throw these product liability claims out the window would deny injured victims "key legal rights."

Continue reading " States Challenge GM's Liability Plan " »

Michael Hill, 24, of Rancho Santa Margarita, was killed in an Irvine SUV rollover car accidentthe afternoon of June 20, 2009. Hill was identified later by the Orange County Coroner's Department. According to a news report in The Orange County Register, Hill died after his Ford Explorer sport utility vehicle went airborne for 200 feet landing on the dirt and rock embankment off the 241 toll road at the 133 in Irvine.

Continue reading " Orange County Fatal Ford Explorer Rollover Accident " »

Three people -- Joshua Hayden, 21, Andy Rodriguez, 23 and Alisa Harvaph, 28 -- were injured in a San Diego County truck accident the morning of June 17, 2009. According to a City News Service report, Hayden was heading south on the 5 Freeway near Agua Hedionda Lagoon in Carlsbad when he crashed into a big rig truck parked on the shoulder. California Highway Patrol officials said Hayden fell asleep at the wheel of the Chevy bobtail truck he was driving, drifted off the freeway and plowed into the back of the tractor-trailer whose driver, Rodriguez, had pulled over to make a cell phone call moments before the big rig crash. Harvaph suffered serious leg injuries and the two truck drivers escaped without major personal injuries. All three were taken to an area hospital.

I'm glad that this truck accident did not result in any major personal injuries or fatalities. Based on the news report, the female passenger of the Chevy truck, Harvaph, was the one who suffered the most serious injuries of the three injured victims. I wish her the very best for a speedy and complete recovery.

Truck crashes such as these and additional near misses happen many times each day totaling up to thousands of incidents each year. Many of them are unreported or officially unexplained due to a lack of police training and objective roadside and postmortem tests for fatigue. Steps need to be taken to combat drowsy driving, and improvements will come only with legal action, awareness campaigns, and better data collection and reporting of fatigue-related crashes.

Continue reading " San Diego County Big Rig Truck Accident Injures Three " »

Luis Guzman, 27, and his sister Cecilia Guzman, 22, were killed in a Ventura County rollover car accident as they were returning from the Los Angeles Lakers victory parade in downtown Los Angeles the afternoon of June 17, 2009. According to a news report in the Ventura County Star, five people were traveling in a grey Hummer when the driver, Anthony Borrello, 24, lost control and the Hummer rolled over several times before coming to rest in the center median of Pacific Coast Highway near Hueneme Road. California Highway Patrol officials said the Hummer appeared to have drifted off the right shoulder of the road before coming back on the highway and the median where it overturned several times.

CHP officials say they do not know why the Hummer went off the road in the first place. Authorities say the Guzman siblings, may not have been wearing seatbelts when they were ejected from the vehicle as it overturned. Luis died at the scene while Cecilia was taken to an area hospital with critical injuries. She died a few hours after the crash. Borrello, and two of the other occupants, Peter Aguilar, 26, of Carpinteria, and Oxnard resident, Pedro Ramirez, 24 apparently had had their seat belts on and suffered only minor injuries. Alcohol or drugs were not factors in this fatal car accident, officials said.

I offer my deepest condolences to the family and friends of the Guzman brother and sister for their tragic and heartbreaking loss. Here was a group of good friends out cheering the Los Angeles Lakers' NBA title and having a good time. This is a horrible end to what probably started out as a great day of celebration! I wish the injured victims the very best for a quick and complete recovery. Please keep them in your prayers.

Continue reading " Ventura County Rollover Car Accident Kills Brother and Sister " »

Joe and Anne O'Connell, a Wisconsin couple that was taking a cross-country trip to California with their three children, died in a van accident June 14, 2009 on a four-lane rural stretch of highway in northeastern Iowa. According to a news report in The Wisconsin State Journal, the family's Honda Odyssey van was being driven by the O'Connell's' 15-year-old daughter Sarah, who was getting some driving experience just a few months after getting her learner's permit.

However, Sarah was the only one wearing a seatbelt. Joe and Anne as well as two of their children, Colman, 13, and Maeve, 10, were not buckled up at the time of the crash. The accident occurred 30 miles south of Dubuque, Iowa, when Sarah drifted the van onto the shoulder, overcorrected and rolled the van. The Honda Odyssey crossed the median, rolling at least twice before coming to a stop in the northbound lanes. Joe, Anne, Colman and Maeve, were all ejected from the van. Joe died at the scene and Anne died a few hours later. Maeve was in serious condition after surgery while Sarah and Colman sustained non life-threatening injuries. Iowa State Patrol officials say that the seatbelt saved Sarah O'Connell's life.

I offer my deepest condolences to everyone who knew and loved the O'Connell family. Here was this wonderful family taking a summer road trip across the country – only to meet such a tragic car accident. Heartbreaking! Please keep the O'Connell children in your prayers. I wish Maeve, Colman and Sarah the very best for a quick and complete recovery from their injuries.

Continue reading " Iowa Van Accident Kills Couple, Injures Three Children " »

The U.S. Food and Drug Administration (FDA) has issued an alert regarding certain Medtronic Kappa and Sigma Pacemakers stating that wiring problems in these devices defective medical could make them potentially lethal to patients. According to an article in Forbes magazine, the FDA, in this case, has classified the recall as Class I, which means that the continued use of these defective medical devices will cause serious adverse health consequences or death.

According to the alert, these defective medical devices may fail because of a separation of wires that connect the electronic circuit to other pacemaker components such as the battery. Patients with one of these defective pacemakers may experience a return of symptoms associated with abnormal heart rate including fainting or light headedness. In some cases, those patients dependent on these malfunctioning pacemakers may experience serious injuries or even death.

This defective medical device recall involves about 21,000 pacemakers, most of which have been implanted in patients for five years or longer. Worldwide, about 1.7 million Kappa or Sigma pacemakers have been implanted in patients. Medtronic Inc. apparently issued a letter to physicians cautioning them about this problem on May 18. Patients received the letter around the end of May. The recalled pacemakers include the Kappa Series 600/700/900 and the Sigma Series 100/200/300. Patients who have been implanted with these types of pacemakers should contact Medtronic to find out if their pacemakers are included in the current product recall.

Continue reading " Defective Medtronic Pacemaker Product Recall " »

Two people -- 61-year-old Josh Vera and 50-year-old Maria Torres -- were injured after a drunk driver caused a head-on San Diego car accidenton State Route 76 in San Diego County on June 7, 2009. According to a news report in the Village News, 44-year-old Cristoforo Colin and Vera were in a Nissan 200 heading eastbound when Colin crossed the double line and onto oncoming traffic east near Gird Road. The Nissan crashed head-on with a Ford Explorer driven by Torres. The Explorer rolled over upon impact. Both Colin and Vera were pinned inside their vehicle, California Highway Patrol officials said.

Officials determined Colin was driving under the influence of alcohol and has a history of DUIs. He was also driving on a suspended license. Although he sustained injuries, Colin will be arrested on suspicion of felony driving under the influence when released. Vera suffered a skull fracture and Torres also suffered injuries.

I'm relieved that no one was seriously injured in this car accident. I wish the injured victims -- Vera and Torres -- the very best for a speedy and complete recovery. Please keep them in your prayers.

According to California Highway Patrol's 2007 Statewide Integrated Traffic Reporting System, there were 268 deaths and 14,641 injuries involving car accidents in San Diego County. Also during the same period in San Diego County, there were 116 deaths and 2,068 injuries attributed to alcohol-related car accidents.

Continue reading " San Diego Car Accident Involves DUI Driver And Injures Two In Rollover Crash " »

Blair LLC. has reported 162,000 of its defective products -- women's robes -- after six women reportedly died when the chenille robes caught fire. Some of the robes caught fire while cooking, according to an MSNBC news report. The U.S. Consumer Product Safety Commission (CPSC) issued an alert stating that women who own these robes should stop using them. CPSC and Blair initially announced their voluntary recall in April citing three reports of robes catching fire, including one report of second-degree burn injuries. This second product recall notice comes now after the company received reports of six deaths due to the robes catching fire.

In five of the six cases, the victims were women cooking at the time and three of the victims were in their 80s. The CPSC is urging that consumers report all incidents – injuries and fatalities – involving these defective products. The recalled Blair robes were made in Pakistan and include the following item numbers -- 3093111, 3093112, 3093113, 3093114, 3093115, and 3093116. They were sold through Blair catalogs and on the company's Web site as well as Blair stores in Pennsylvania and Delaware from January 2003 through March 2009. Consumers who own these defective products may return them to Blair and receive a refund or a $50 gift card. Anyone seeking more information may call the company at 1-877-392-7095 or visit their Web site at www.blair.com.

My heart goes out to all the victims who have suffered severe burn injuries or have been killed as a result of fatal burn injuries due to these defective robes. I offer my condolences to families who have lost loved ones as a result of these product defects. Please keep them in your prayers.

Continue reading " Defective Women's Robes Recalled for Deadly Fire Hazard " »

The question of what happens to personal injury victims, who have filed auto products liability lawsuits against General Motors in the wake of the auto maker's bankruptcy, is a significant one. These are car accident victims who have filed personal injury and products liability lawsuits against GM because the auto manufacturer's defective products injured them or a family seriously. In many cases, people died because of these product defects, which could have easily been avoided or were defects that GM knew about and still did nothing.

A news article in the New York Newsday tells the story of a car accident victim--10-year-old Amanda Dinnigan. Amanda was a passenger in a GMC Envoy driven by her mother when the car went out of control and struck a tree. Amanda was left a quadriplegic and her family has sued GM alleging that the car had defective seat belts. But Amanda's and other victims' chances of collecting money from GM, which filed for bankruptcy protection, are slim, bankruptcy lawyers say. Chrysler, which also declared bankruptcy, has been absolved of all ongoing car accident claims that blame a death or serious injury on a defective part. GM officials have indicated that they expect GM to follow Chrysler's lead in this issue.

Nationwide, about 11,942 claims were filed against General Motors in the last five years alleging injury or death. This is according to Safety Research & Strategies, a liability research firm. About 2,624 claims were filed against Chrysler during the same time. The bankruptcy essentially helps Chrysler and GM push the "restart" button and start out as new companies, cleared of all the old personal injury claims.

Continue reading " Car Product Liability Claims Voided by GM's Bankruptcy " »

LaJobi Importers is recalling two brands of its Bonavita cribs because of various product defects that could pose entrapment and strangulation hazards for infants and toddlers. According to news reports on Consumeraffairs.com, Bonavita recalled 2,000 of its "Cabana" drop-side cribs because the wooden slats can detach or break creating a gap, which can trap or suffocate children. So far, the company, LaJobi, has received 16 incident reports of crib slat failures, including 10 reports of slats falling out of rails and six reports of slats breaking.

In addition to this product defect recall, LaJobi is also recalling about 2,900 Bonavita "Hudson" and Babi Italia "Pinehurst" drop-side cribs. Apparently, the wooden crib slats can detach or break creating a gap, which can pose a fall, entrapment and strangulation hazard to infants and toddlers. The U.S. Consumer Product Safety Commission (CPSC) and LaJobi importers have received a total of 33 reports of drop side detachment due to a defective spring pin. In these reports, two children became entrapped and one child fell from the crib. Both children were freed by caregivers. However, one child suffered bruises.

Continue reading " Product Defect Reported In Defective Cribs for Strangulation and Entrapment Hazards " »

Ricardo Briseno, 27, died in a Ventura car accident the morning of June 8, 2009 after his car crashed into a drainage ditch on Highway 126, the Ventura County Star reports. Briseno was driving his car eastbound on the highway near Atmore Road when the car went off the south side of the highway and onto a dirt shoulder, according to California Highway Patrol officials. The car spun around before hitting a sign post and careening across all five traffic lanes. The car then struck a guard rail and crashed into a concrete drainage ditch. Briseno suffered massive blunt force trauma and internal personal injuries in the Fillmore car crash. He was trapped and had to be freed by Ventura County firefighters. Briseno was taken to an area hospital where he was pronounced dead.

I offer my deepest sympathies to the family and friends of Ricardo Briseno for their tragic loss. Please keep them in your prayers.

According to the California Highway Patrol's 2007 Statewide Integrated Traffic Reporting System, there were no fatalities and 39 injuries involving car accidents in Fillmore. In Ventura County as a whole, in 2007, there were 71 fatalities and 3,993 injuries as a result of car accidents.

Continue reading " Ventura County Car Accident Kills Man In Fillmore " »

Mattel Inc. and Fisher-Price Inc. have agreed to pay a $2.3 million civil penalty for violating the federal lead paint ban in connection with the defective products recall in 2007 involving nearly 1 million toys that had unacceptably high levels of lead. According to a news report in Consumeraffairs.com, the recalled toy products were mostly made in China and had the potential to cause significant and permanent brain damage in young children. The product recall also involved extremely popular brands of toys such as Sesame Street, Dora the Explorer, Go Diego and Pixar's Cars.

The penalty settlement has been provisionally accepted by the U.S. Consumer Product Safety Commission (CPSC) and resolves allegations that the companies knowingly imported and sold children's toys with paints or other surface coatings that contained lead levels that violated a 30-year-old federal law. In 1978, CPSC banned toys and other children's items having more than 0.06 percent lead, by weight, in paints or surface coatings. In 2007, about 95 Mattel and Fisher Price toy models were determined to have exceeded this limit. Lead is obviously toxic if ingested by young children and can cause adverse health consequences including brain damage.

There is no question that Mattel and Fisher Price should be held responsible for knowingly violating a law, especially one that involves the health and safety of our children. I'm pleased that they are being made to pay and are being held accountable for their negligence and wrongdoing.

Continue reading " Defective Products Recall: Toy Companies Pay $2.3 Million Fine for Lead Paint in Toys " »

A man suffered serious personal injuries the morning of June 2, 2009 in a San Diego pedestrian accident after a car veered off a rural road in Valley Center and ran him over. According to a 10news report, the pedestrian accident occurred on Cole Grade Road when an out-of-control car hit a light pole near Cool Valley Road before coming to stop with the pedestrian trapped face-down underneath one of its tires. California Highway Patrol officials said the injured man, whose name was not released, was airlifted to an area hospital.

My heart goes out to this injured victim who was seriously injured as a result of a driver who lost control of his or her car. I'm relieved that this victim did not suffer catastrophic injuries and wish him the very best for a quick and complete recovery.

According to California Highway Patrol's Statewide Integrated Traffic Reporting System, there were 25 fatalities and 575 injuries involving pedestrian accidents in the city of San Diego in 2007. In San Diego County, during the same year, 51 fatalities and 1,068 injuries were reported as a result of pedestrian accidents.

Continue reading " San Diego Pedestrian Accident Seriously Injures Man " »

Three people -- Cedric Twayne Page, 37, his cousin, Zaria Williams, 11, and 72-year-old Christine Emily Giambra of Fountain Valley -- were killed in a Riverside hit-and-run car accident the afternoon of June 2, 2009, which authorities believe was sparked by an Acura driver. According to a news report in The Press-Enterprise, in addition to the three fatalities, two others suffered personal injuries. A black Acura reportedly driven by a man was seen speeding away after causing a head-on collision on the Highway 74 at Four Seasons Boulevard, California Highway Patrol officials said.

The Acura's driver had apparently been tailgating a Ford Fusion when he sideswiped the Ford while rounding a curve near Homeland. The Ford was then pushed into a Subaru as the hit-and-run car driver continued to pass the cars. Page and Zaria, of San Jacinto were killed when their silver Audi swerved to avoid the first car collision involving the Ford and crashed head-on with a Mitsubishi Montero. Giambra was a passenger in the Montero, which was being driven by her son, Robert Valentine. Valentine suffered broken ribs, lacerations and a serious knee injury. A Nissan Altima driven by Danielle Rivera crashed into Page's Audi after it came to rest in the middle of the road. Rivera suffered a dislocated arm and was released from the hospital. Anyone with information is asked to call 951-769-2000 or 909-388-8000.

My heart goes out to the families of Cedric Twayne Page, little Zaria Williams and Christine Emily Giambra for their tragic and heartbreaking loss. I offer my deepest condolences to them. I also wish all those who were injured in this horrific Riverside car crash the very best for a quick and complete recovery. So many lives have been turned upside down because of one reckless driver! Please keep the injured victims and the families of the deceased in your prayers.

Continue reading " Riverside County Hit-and-Run Car Accident Kills Three " »

The manufacturer of a defective bicycle product, has recalled 2005 Novara Trionfo bicycles because the fork can separate from the steerer tube, which can cause the rider to lose control, posing a fall hazard. The company, REI, has apparently received two reports of forks separating causing riders to fall and sustain serious personal injuries including a fractured clavicle, broken teeth, facial damage and head injuries.

This defective product recall involves 2005 Novara Trionfo bicycles with Aprebic carbon fiber forks. The recalled bicycles are blue and white with black forks and have the name "Novara" printed on the bars. The bicycles, manufactured in Taiwan, were sold at REI retail stores nationwide from January 2005 through August 2006 for between $720 and $1,900. Consumers are asked to stop using the recalled bicycle products and return them to a REI retail store for free repairs. If you are looking for more information, please call REI at 1-800-426-4840.

Continue reading " REI Recalls Defective Bicycles that Pose Fall Hazard " »

Rene Preciado, 26, of Highland was killed in a San Bernardino rollover accident the evening of May 31, 2009, the San Bernardino Sun reports. Preciado was pronounced dead at the scene on the southbound 215 Freeway near University Parkway, San Bernardino County coroner's officials said. Preciado was apparently driving at a high rate of speed in a 2001 Chevy Tahoe when he veered off the freeway and his truck overturned. California Highway Patrol officials are investigating the cause of the fatal SUV rollover accidents.

I offer my deepest condolences to the family and friends of Rene Preciado for their tragic and heartbreaking loss. Please keep them in your prayers.

According to the National Highway Safety Traffic Administration (NHTSA), there are on an average about 40,000 traffic accident fatalities each year in the United States. The federal agency estimates that about 25 percent of these accidents are rollover accidents. With rollover accidents, the chance of fatal injuries is much higher because of the intensity of the crash.

Continue reading " San Bernardino Rollover Accident Fatally Injuries Highland Resident " »

Jennifer Perla, 16, a cheerleader from Taft High School, died in a Los Angeles SUV rollover accident on the way to her high school prom at the California Science Center the evening of May 30, 2009. According to an article in the Los Angeles Times, the driver of the 2003 Chevrolet sport utility vehicle, 18-year-old Kenneth Mullen, lost control of the SUV on the 110 Freeway near 3rd Street. The SUV rolled over and ended up on its side. Perla, the only passenger not wearing a seatbelt, was ejected from the SUV and died on the scene. Seven other passengers -- ages 16 through 18 -- were treated for minor to moderate personal injuries, California Highway Patrol officials said.

My heart goes out to the family and friends of Jennifer Perla, especially her older sister Janet Perla, who was in the SUV and saw her little sister get fatally injured in this horrible SUV rollover accident. I offer my deepest sympathies to everyone who knew and loved Jennifer, who was a popular cheerleader in school and had ambitions of becoming an FBI agent to serve and protect her country. A young life tragically cut short! Please keep Jennifer's family and friends in your prayers. I wish the other victims the very best for a quick and complete recovery -- physically and emotionally.

It is heartbreaking to think that Jennifer may have been alive today if only she had been wearing her seatbelt like the others. She may not have made it to the prom, but she would have still been here! Statistics have consistently shown over the years that seatbelts save lives. A U.S. Department of Transportation study released earlier this month estimates that 1,652 lives could be saved and 22,372 injuries avoided each year on America's roadways if seat belt use rates went up 90 percent in every state. Nationwide, average seatbelt use is at 83 percent. In 2007 alone, seatbelts saved an estimated 15,147 lives.

Continue reading " Los Angeles SUV Rollover Kills Teen Headed to Prom " »