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Products Liability
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Products Liability
Toyota is Investigating Corolla Power Steering Problems
Toyota is investigating reports of power steering failures in its prized Toyota Corolla.Automobile Recalls
Automobile manufacturers are legally responsible for injuries caused by defects in the design and manufacturing of their cars. Two of the most reputable automobile manufacturers, Toyota and Honda, are recalling millions of automobiles.Largest Crib Recall in U.S. History
Over 2 million cribs were recalled last month in the USA and Canada. The cribs were manufactured by Stork Craft, which makes cribs for brands such as Fisher Price.All the products were so-called "drop side cribs", on which one side of the crib can be lowered to make it easier to take the baby out. However, hardware problems can cause a gap in which a baby's heat can get caught, which in turn can lead to suffocation. Four children have died from this defect in the U.S.
Check the Consumer Protection Safety Commission list if you think you may have one of these defective cribs.
If so, the manufacturer will send a free repair kit, and you are urged to discontinue use of the crib until you can implement the kit.
While we should all be aware of any dangers related to the products we use in every day life, it is especially important to be vigilant about those products that might pose hidden dangers for our small children, who themselves cannot appreciate these dangers.
If you or a loved one has been injured as a result of a defective product, contact a lawyer at Williamson and Lavecchia to protect your rights.
$300M Verdict against Philip Morris
On November 19 a Florida jury awarded the plaintiff $300 million dollars in the case of Naugle v. Phillip Morris USA. The plaintiff had become wheelchair bound as a result of emphysema after a history of cigarette-smoking.That figure included some $244 million in punitive damages against the cigarette maker.
This is the largest verdict in a so-called 'Engle' case to date. Engle v. RJ Reynolds was a US Supreme Court case that rejected the attempt to use a massive class-action to fight cigarette manufacturers. As a result, many plaintiffs are fighting the battle on their own.
People suffer injuries every day from their use of consumer products, not just obivously dangerous ones like cigarettes. If you or a loved one has been injured through your use of some product, contact an attorney at Williamson and Lavecchia to protect your rights.
Drugs Often Go Untested, Report Says
The Government Accountability Office reported this week that of the tests that the FDA ordered drugmakers to perform in thlast 16 years, over a third of them have not been done.
These drugs are already on the market, and with many of them, doctors and patients are still unsure whether they are beneficial, or even harmful.
The FDA claims that leglislation from 2007 gives them greater power to mandate this type of testing, but there remains a considerable backlog on tests unperformed.
As a result, it is possible for the end-user (the patient) to experience complications or side effects, the risks of which they were totally unaware of.
If you've experienced an injury or illness from taking medicine that did not state that such complications were a risk, contact an experienced attorney to find out how you can protect your rights.
$3.2 million recovery in Zometa drug case
On Wednesday, October 21 a Montana jury awarded $3.2 million dollars to a Missoula woman, finding that drug-maker Novartis was negligent in failing to warn about risks associated with its bone-strengthening drug Zometa. The plaintiff showed that the manufacturer was aware that the drug made people more likely to get osteonecrosis (bone death), but did not warn doctors who prescribe the drug to their patients.
Failure to adequately warn about a drug's dangers can establish a drug manufacturer's liability in Virginia. If you've been injured or become ill as a result of the negligence of a pharmaceutical company, contact a lawyer at Williamson & Lavecchia to preserve your rights.
Children's Tylenol Recalled
According to Associated Press reports today, Johnson & Johnson has recalled some of the children's and infants' Liquid Tylenol it produced this year due to possible bacterial contamination. The company recalled nearly two dozen varieties. A complete list is available here.If your child has taken liquid Tylenol recently, please make sure to check this list to prevent injury or illness. If you or a loved one has become sick or hurt after taking Tylenol or any other medication due to someone else's negligence, contact an attorney at Williamson & Lavecchia to protect your rights.
Liability of Sperm Banks
A federal judge in Pennsylvania recently ruled that a 13 year old girl could sue the sperm bank that provided defective sperm to her mother, according to an article in the April 17th issue of Science magazine. The plaintiff was born with Fragile X Syndrome, an inherited condition that causes mental impairment. The judge found that under New York law, strict liability applied to the situation, meaning that the plaintiff did not have to prove negligence to recover for her injuries.
Laws vary by state as to the ability to successfully sue the seller of sperm and other bodily products. In Virginia, a person can recover for injury caused by defective sperm, eggs, bodily fluids, etc. if the defect or impurity could have been detected by science at the time.
If you or someone you know have suffered as a result of negligence by a sperm bank, fertility clinic, or other provider of bodily products such as blood, contact a lawyer at Williamson and Lavecchia for a free consultation.
Food Safety - Overhaul
CQ HealthBeat (4/4, Attias) reported, "The laws governing the US food safety system need to be modernized to ensure Americans are protected from foodborne illness, witnesses and lawmakers said at a House Agriculture Committee hearing." At the hearing, Committee Chairman Rep. Collin C. Peterson (D-MN) said, "While it's true that our current food safety system and those entrusted to produce wholesome and safe products do a good job most of the time, it's clear that there are gaping holes at some points of the process. ... Modernization and reform are needed." My thoughts: In the past year we have faced massive recalls of peanuts, pistachios, tomatoes and numerous other food products. Too many Americans have died or become seriously ill from food poisoning. The most common bacteria are e-coli and salmonella.
The starting point for improving food safety is better self-regulation. The government can not be in every plant every day. The manufacturers and retailers of food must become more vigilant in ensuring that the food they sell is safe and wholesome. Secondly, the government must put more resources to improving food safety. That means more unannounced inspections. However, that will never be enough. I believe we need to provide added whistle-blower protections for employees so they can report violations of our food safety laws without risking job loss.
If you are a victim of food poisoning, you have legal rights. You may be entitled to compensation for your medical bills, loss of income, and pain and suffering. At Williamson & Lavecchia, L.C. we represent victims of food poisoning throughout Virginia including Richmond, Petersburg, Fredericksburg, Hampton Roads, Charlottesville and northern Virginia.
For a free consultation, please call us at (804) 288-1661 or click here to email us.
Regards,
Joshua Silverman
Pistachios Recalled Due to Salmonella
On March 30, 2009, the FDA issued a press release warning consumers of a voluntary recall of pistachio products sold by Setton Pistachio of Terra Bella Inc, Calif. The voluntary recall affects 1 million pounds of pistachios that may have been contaminated by Salmonella. Salmonella is known to cause very serious infections and can be fatal especially to the very young, the elderly, and people with a weakened immune system.
To find out if a particular product is subject to the recall go to the FDA website at http://www.fda.gov/pistachios/. If you believe you have eaten contaminated pistachios you should seek medical attention immediately. To protect your legal rights you should save the remainder of the package of pistachios and contact a lawyer experienced in food safety litigation. Under Virginia law, you may be entitled to compensation from the manufacturer, distributor, and retailer of the contaminated food.
At Williamson & Lavecchia, L.C. we represented victims of Salmonella food poisoning and other serious injuries. Please call us at (804) 288-1661 or click here to email us for a free consultation.
Regards,
Joshua Silverman
(804) 288-1661
Peanut Butter Made In Virginia May Be Source of Salmonella Outbreak
More than 400 people nationwide have been sickened and several have died due to salmonella food poisoning in recent weeks. In just the past week five more Virginians have become sickened by salmonella bringing the total to 17 since the outbreak began.CDC spokesperson Lola Russel said "it is a complex, widespread outbreak."
Health officials are urging people to throw away all containers of peanut butter that has been linked to the outbreak. Lynchburg, Virginia based Peanut Corp. of America issued a recall on Sunday. However, the company denies that its peanut butter is the source of the outbreak.
Under Virginia law, manufacturers, distributors, and retailers of food (including restaurants and grocery stores) warrant that their food products are fit for human consumption. If you believe you are a victim of food poisoning you should secure any food that you recently ate that could have been the source of the food poisoning. Laboratory tests can definitely determine the source of your food poisoning.
At Williamson & Lavecchia, L.C. we have successfully represented victims of food poisoning. Please call us at (804) 288-1661 or click here to email us to discuss your legal rights.
Sincerely yours,
Josh Silverman
Public Notification of Defective Products
During the past year, we have read article after article about dangerous children's products. Hardly a month goes by without hearing another report about a Chinese manufactured toy with high levels of lead paint. Under current law, the Consumer Product Safety Commission must wait at least 30 days before notifying the public of a dangerous product. That is thirty days where our children remain exposed to dangerous products. Fortunately, common sense reform is on its way. Congress is scheduled to vote on a Product Safety Bill that will remove the 30 day grace period for manufacturers. Additionally the legislation may create whistleblower protections so employees who report dangerous products will not have to fear a loss of their livelihoods.Doctors Agree that Lawsuits Are Effective Deterrents Against the Sale of Dangerous Drugs
The editors of the influential New England Journal of Medicine have filed an amicus curiae (friend of the court brief) in the U.S. Supreme Court arguing that lawsuits against drug companies are necessary for patient safety. At issue is whether a victim of a dangerous drug, like Vioxx, can sue the manufacturer of the medication. Drug companies are arguing that they should not be sued if the medication was approved by the FDA.According to these doctors, lawsuits are a "vital deterrent" and protect patients from drug companies that may otherwise not disclose all the risks of the medications to the FDA. In fact, they argue that the FDA is in "no position" to guarantee patient safety. As noted in the brief, plaintiffs in lawsuits against drug companies conduct extensive discovery that the FDA relies upon to ensure drug safety.
The doctors point about legal discovery is on the mark. In our experience, we often learn through subpoenas and depositions that the facts were not fully disclosed to the patient. We have found incident reports in hospital files that prove that the victims injuries were preventable. While the primary purpose of pursuing a medical malpractice or products liability action is to compensate the victim these cases also protect the public by exposing deterring wrongdoing.
Williamson & Lavecchia, L.C.
6800 Paragon Place
Suite 233
Richmond, VA 23230-1652
Phone: (804) 288-1661
Fax: (804) 282-1766
News
- FDA Press Release: One Million Pounds of Pistachios Recalled
- Bausch & Lomb Recalls ReNu with MoistureLoc® Contact Lens Solution