Articles Posted in Defective Products

While it may seem like there are fewer recalls this year compared to 2014, it is arguable that the final number will eclipse last year’s record. Part of this may be attributable to new technology that is being introduced, and not necessarily perfected for many uses. Also, the number of fines levied against automakers for failing to issue recalls could be a strong deterrent against complacency in correcting defects.

For those unfamiliar with the new trend of assessing fines against automakers, the National Highway Traffic Safety Administration has issued some of its heaviest fines over the last year. For example, General Motors was forced to pay a $35 million fine for its failure to address the ignition switch problem that led to millions of vehicles being recalled. Similarly, Honda was assessed a $70 million fine for its failure to inform consumers about the dangers of airbags manufactured by Takata. 

The latest fine assessed to Fiat Chrysler is the largest by far; $105 million. The announcement comes on the heels of a rare public hearing where the NHTSA detailed a litany of the company’s shortfalls in alerting consumers of recalls, failing to correct mechanical hazards in a timely manner and even failing to find solutions for existing problems; often leaving consumers left with no answers and no options.

Much has been said about the Takata airbag recall. It has been reported that nearly one in seven vehicles on the road in the United States could be potentially affected. This translates into more than 30 million cars, trucks and vans across the country. In light of the debate over who would be responsible for injuries stemming from potentially defective airbags, not much has been said about what makes them dangerous.

A recent article published in The Atlantic does a great job of describing this, and we will highlight it through this post. 

Essentially, the danger, and suspected defect can be traced to the chemical compound used to inflate the airbags that are supposed to protect a driver in the event of a crash. Prior to 2001, airbags were inflated by using tetrazole; but in 2002 Takata changed the compound to ammonium nitrate. Takata reportedly defended this change by saying it was “safe and effective for use in airbag inflators when properly engineered and manufactured.”

Having a SUV with an automatic lift gate is a tremendous luxury. Being able to open the back door with just a push of a button is a welcome convenience when you have your hands full. But while we have written in a number of our posts that the recalls will keep coming for automobiles, the latest recall from General Motors is a testament to that foresight.

GM recently announced that it would be recalling more than 700,000 SUVs with power lift gates, citing problems that can lead to the gates falling unexpectedly. According to a recent ABC News.com report, the company indicated that it reported 56 injuries due to this defect. 

The problem is ostensibly based on dirt that can get into the gas struts that hold up the rear gates. This could cause the struts to wear down and eventually fail. Apparently there is software that could detect these problems that is prevented from doing so.

It’s no secret that several automakers, including Mercedes-Benz, Volvo along with Google are racing to develop self-driving vehicles (or at least extended autonomous features) in a push to eliminate some of the common accidents that occur because of human error. After all, a self-driving car ostensibly will not give in to road rage, will not drive while under the influence of alcohol, and will not disobey speed limits because the driver is late.

With all of these potential benefits that a computer could bring, there is still a concern that self-driving cars could be susceptible to human error. According to a recent InsuranceJournal.com report, there have been several accidents during the testing of such cars. 

For instance, a Volvo employee who was demonstrating a car that was supposed to detect pedestrians (and brake automatically) accidentally drove into a group of observers. The video footage of the accident made its way onto YouTube, and has been viewed more than four million times. Also, accidents have occurred with Google’s vehicle, essentially because the autonomous system did not take into account how human drivers sometimes “bend” traffic rules so that they could avoid accidents.

One of the great things about the summer is being able get outside and enjoy the great outdoors. There are countless lakes and river recreation areas for people to do just that. Especially with the harsh winters in our region, it behooves people to enjoy the summer time. However, the hot summer weather could leave people vulnerable to burns.

Indeed, there are a number of safety steps that should be taken to avoid burns from grills and fires (for cooking) however, the possibility for sunburns should not be overlooked. With that, this post will focus on what people should do if they are sunburned.

Take sun exposure seriously – Believe it or not, a person can become sunburned in as little as 15 minutes. So it is important to take exposure to the sun very seriously. This means that sunscreen is a must; especially given how sunburns can occur even on a cloudy day.

If there is one thing that people look forward to during the summer months, it is the good old fashioned backyard barbeque. Whether you are into steaks, burgers, bratwurst or chicken, the taste of freshly grilled meat (and veggies) can’t be beat.

For all that is good about grilled food, it could come with hazards. After all, certain foods must be cooked fully to avoid the potential for contracting food borne diseases such as salmonella. Also, for those who use gas grills, paying attention to how much is already present before lighting the grill is important. You certainly don’t want to subject yourself to severe burns emanating from a flash fire. 

But the story of a Connecticut woman reminds us of dangers that can come about even if you are prudent about cleaning your grill. The woman had to undergo emergency surgery to remove a  steel bristle that had come off of a cleaning brush and made its way into a hamburger that she ate.

The growing crisis involving Takata airbags is reaching the proportions that the General Motors ignition switch issue reached last year. For those who do not own a GM vehicle, the recall involving defective ignition switches (which could turn off a car’s engine and electrical functions) affected millions of vehicles in the United States and Canada. The issue went unabated for years and even led to GM being fined a record amount of money for not acting quickly or prudently in addressing the issue.

Also last year, the National Highway Traffic Safety Administration issued a frantic and dire warning to car owners in the southeast and mid-Atlantic states over concerns that Takata airbags could harm consumers by sending shrapnel like metal fragments into drivers and passengers when they inflate. The alarm led to thousands of cars being recalled from the likes of BMW, Honda, Toyota and Mercedes-Benz. 

Over the past few months, more cars have been added to the recall; and recently, it was expanded once again, but for a different reason (and defect). According to an ABC News.com report, the new defect involves a leak that can occur when the car is in motion that could cause a rupture in the airbag casing, which would cause the airbag to explode.

With the use of marijuana as a medicinal alternative for pain medication growing, it is no wonder why the homeopathic medicine industry is experiencing a growth spurt as well. According to a recent CNN.com report, the industry experiences nearly $3 billion in annual revenue. This means that more Americans are purchasing and using creams for pain relief or certain liquids for male virility.

There are many promises behind these products that the work just as well compared to over-the-counter drugs. And since the consumers who purchase them have not fared well with Western medicine, homeopathic medicines appear to be smart and healthy alternatives.

However, concerns are growing over such medicines, as they commonly do not go through the scrutiny provided by the Food and Drug Administration. Because of this, some medical professionals believe that homeopathic drugs may not be as safe. In fact, an Australian medical council published a report suggesting that they were no more effective than placebo, and that there was not medical evidence indicating that they work at all.

While many of our posts have focused on defective products relating to automobiles (e.g. defective airbags) products liability cases can relate to many other items that consumers use every day. One of the more recent issues involves Blue Bell Ice Cream. According to a recent ABC News.com report, the century old ice cream company had recently shut down its operations after finding that a batch of chocolate chip cookie dough ice cream had tested positive for listeria.

Fortunately, officials at Blue Bell were able to identify the tainted piece of equipment and were able to shut down their operation so that other listeria contaminated batches were sold. Additionally, the Centers for Disease Control and Prevention found that additional listeria cases were tied to Blue Bell as far back as 2010. 

Despite these issues, the company announced publicly that it intends to start fresh and bring customers the highest quality (and safest) ice cream. Specific steps to achieve this goal include intensive cleaning of equipment and enhanced training.

If you have watched any of the NBA playoff games, or a golf tournament on a Sunday afternoon, it is hard to ignore the commercials for prescription drugs. From Lexipro to Propecia to Flonaze to Lipitor, drug manufacturers spend billions on television advertising each year. The same could be said about radio ads (even though radio time isn’t as expensive.)

The frequency of advertisements has put more of a focus on off-label marketing; which is defined as the promotion of pharmaceutical drugs outside of their original purpose, or the purpose of approved use by the Food and Drug Administration. Federal rules prohibit the marketing of drugs that have not been approved by the FDA, even though there may be an alternate use for them. 

A perfect example is the early use of the drug, Viagra. It was originally approved for improving cardiovascular performance. However, once it was found that it could improve another type of “performance,” a new market was created for which approval was necessary. Viagra’s popularity ostensibly began because doctors may prescribe a medicine for off-label uses if they believe that it can safely be a benefit to a patient.