Toyota is investigating reports of power steering failures in its prized Toyota Corolla.
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.
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.
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.
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.