Articles Posted in Products Liability

On March 18, 2018, Elaine Herzberg, 49, was struck and killed by a self driving Uber car. The Tempe resident had been crossing the road with her bicycle when the automobile driven by a robotic computer failed to stop before hitting her head on.

At first Tempe police said Herzberg was at fault. Their report stated that she had come “from the shadows” stepping off the median and into the road. Herzberg was jaywalking with her bike and ended up in the path of the vehicle. Legal experts monitoring the case have already said that Herzberg will likely be criticized for jaywalking and also for being homeless with a criminal history. They have also been quick to follow up these criticism by explaining that Tempe is not bicycle or pedestrian friendly meaning jaywalking is absolutely necessary to cross the street. Furthermore Herzberg was actively trying to get her life back on track.

The self driving Volvo XC90 Uber car did have a safety driver behind the wheel.  Video footage shows  Rafaela Vasquez  looking down rather than onto the road. Her hands were not on the top sides of the steering wheel as recommended by Uber. Vasquez was also not a professional driver and had a history of driving offenses,  although they were not enough to disqualify her from the position. If the case is prosecuted, she is likely to come under intense scrutiny. Vasquez has not been charged.

A Tennessee man, with the help of a medical malpractice lawyer, filed a complaint on August 17, 2017 against the medical conglomerate Howmedica Osteonics (d.b.a. Stryker Orthopedics) and Stryker Corporation –  one of the world’s foremost medical technology companies. The man claimed he experienced severe injuries after being fitted by a Stryker LFIT femoral head hip implant. His lawyer is currently building the defense and the case is pending in the United States District Court.

The claim details the how the main was implanted with the popular Stryker Accolade TMZF hip stem as well as the LFIT anatomic CoCr V40 femoral head back in March of 2014. The surgery was performed at the well known Centennial Medical Center in Nashville, Tennessee.

Breast cancer is one of the most common cancers amongst women, and according to the American Cancer Society as many as one in eight women will develop breast cancer over the course of their life. The American Cancer Society estimates that in 2017 there will be 252,710 new cases of invasive breast cancer. Fortunately, modern medicine and advanced surgical techniques help hundreds of thousands of these women beat breast cancer.

A widely used medication in the fight against breast cancer is the powerful chemotherapy drug Taxotere. While this medication has been shown to be effective in treating breast cancer, it also comes with the risk of total and permanent hair loss. However, despite the effectiveness of this medication, it has been associated with total and permanent hair loss, which for many women is a constant and unwelcome reminder of their struggle.

Many women who lost their hair after taking Taxotere were not warned of this potential side effect. If you have suffered hair loss due to Taxotere usage, contact a distinguished personal injury attorney about your case. Speaking with an attorney can have a positive effect in the Taxotere hair loss side-effect hurting thousands of women.

The U.S. Supreme Court has told GM that it will have to face the potentially billions of dollars in multiple legal claims after installing a deadly ignition switch in their cars. GM argues they were ‘free and clear’ of liability and use their 2009 bankruptcy sale as an appeal.

The justices overseeing the issue left no comment in the federal court appeals ruling which stated any accord of bankruptcy would not protect GM from accidents, and any following claims, that happened before the sale. Lawyers of plaintiffs estimate current claims total for nearly $10 billion dollars. This number could increase should there be more lawsuits to follow.

This ruling is another setback for Mary Barra, the GM Chief Executive Officer. She has already experienced woes within the company. In her first year, her role as CEO was heavily occupied by the ignition defect which is directly associated with at least 124 deaths and recalls of 2.59 million cars. One financial analyst says there is a finite risk which will require GM to reconsider buying back stock or paying out its

In 2015, a baby boy only known as ‘Baby Doe’ was born addicted to opioid painkillers. His first few days of life were spent in an agonizing withdrawal in the neo natal unit. Three Tennessee prosecutors and the baby’s guardian have teamed up together and filed a lawsuit against several manufacturers of opioid painkillers. The prosecutors claim the drug companies used deceptive marketing tactics which ultimately downplayed the risks of developing an addiction to opioid medications.

Filed in June, at the Sullivan County Circuit Court in Kingsport, Tennessee, the infant boy who was the driving push behind the suit is known to have survived his battle. The extent of impact which the addiction had on his health is yet unknown.

Since 2016 lawsuits involving hernia mesh developed by Ethicon, Inc. continue to mount. Sold under Physiomesh, the products have raised concern over their safety and ability to reduce the symptoms of a hernia. Multidistrict litigation, on the Federal level, is now underway at the U.S. District.

On July 17th, the U.S. Judicial Panel on Multidistrict Litigation (JPML) released an update on the number of suits. At that time there were at least 84 pending Physiomesh lawsuits with more expected to come. Eighteen of these were filed within the previous month when 66 suits were reported.

The Physiomesh lawsuit alleges that the hernia patches are flawed in their design and result in irritation, adhesions, extreme pain , perforations, infections, mesh erosions, , and other health complications. The JPML have effectively transferred the federally filed suits against Physiomesh to the Northern District of Georgia. Here they will undergo pretrial proceedings that will include a full discovery. The litigation is scheduled to convene on August 1st at an Initial Conference meeting. All disclosure and discover proceedings are at halt pending the outcome of the Initial Conference.

A jury in St. Louis just delivered the largest verdict against Johnson & Johnson in the talcum powder trials. There have been around 2,400 lawsuits filed against the company by people claiming that using their talc-powder caused ovarian cancer and other illnesses.

In this recent case, a Virginia woman, Ms. Slemp, sued after developing ovarian cancer. She was using the Johnson & Johnson Baby Powder for feminine hygiene and had for several decades prior to being diagnosed. The St. Louis jury awarded her $110 million. This is the largest verdict to be rendered against J&J for their talc-powder thus far. Four prior trials resulted in verdicts of $197 million in total.

Ms. Slemp was diagnosed with ovarian cancer in 2012 and has undergone chemotherapy. Since then, the cancer has also spread to her liver.

As drivers and passengers, we count on airbags to protect us in the event of a collision. Few people would think that these airbags could actually be the source of trauma and pain. Unfortunately, this is exactly what’s happening with airbags produced by Takata. Typically found in Hondas, these airbags are incredibly dangerous and explosive. In one case, a 17-year-old girl lost her life due to this faulty product.

The Case

Huma Hanif was killed on March 31 after her Civic was in an accident. The airbag inflated like it was supposed to but not without a metal piece breaking apart and causing her fatal injuries. This is in-line with the reported explosions happening in the metal canisters that are part of the Takata airbag make up. Grieving for their loss, her family filed a lawsuit against Takata, the car dealer they purchased the Civic from, and Honda. All three have recently settled the case with her family outside of court. The settlements were for an undisclosed amount, as is common in these types of cases. Due to this incredibly tragic event her family will mourn their loss for the rest of their lives. Money can’t bring her back, but the settlement can ease any financial burdens caused by this loss.

The November 22 Tennessee bus accident which left 6 children dead and critically injured 23 more has impacted every family within the state. Now, families of the children who lost their lives have discovered they can receive no more than $750,000 in personal damages.

Modifications to the Tennessee tort reform law in 2011 limited payouts in any personal injury claim against doctors and other relevant businesses. This law, says Tennessee bus accident lawyers, will likely apply to the families considering a civil lawsuit against the Durham School Services and district. The driver of the bus, 24 year old Johnthony Walker, lost control crashing into a tree and telephone pole. Chattanooga police have said Mr. Walker has been charged with six counts of vehicular homicide, reckless endangerment and reckless driving.

The recent bus crash in Tennessee has once again renewed the debate about whether or not school buses should be fitted with seat belts. Regardless of such accidents being uncommon, the U.S. government’s top safety regulator, the National Highway Traffic Safety Administration (NHTSA), has spoken out saying all school busses should have seat belts. California, Florida, Louisiana, New Jersey, New York and Texas all have laws which mandate seat belts on school buses; Tennessee is not yet one of these. Furthermore, 17 states have introduced seat belt bills, but none has passed. This could be attributed to the price figure estimate of $7,000 – $10,000 per bus. With over 480,000 public school buses on the road, carrying over 25 million children, these costs could exceed the billion dollar mark. After the collision, many people are hoping for a federal mandate.

Most recently, NHTSA administrator Mark Rosekind said “We know that seat belts will save lives if we put one for every kid on every school bus.”  However, in the past, the same association, along with the National Association for Pupil Transportation (NAPT) has said they’re not convinced seat belts would increase safety. Likewise, The National PTA and The American Academy of Pediatrics have remained in favor of all school buses being fitted with seat belts for children. Both have voiced concerns that the message of “buckle up for safety” should remain consistent across all vehicles both private and public. Donald Carnahan, NAPT President, counters the statement by saying “Seat belts in cars and lap belts on school buses are completely different safety issues.”

The National Coalition for Seatbelts on School Buses, an advocacy organization, has noted several reasons to take the precautionary measure; some of which may include:

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