Four Loko Lawsuits Pile On

 Products Liability, Wrongful Death  Comments Off on Four Loko Lawsuits Pile On
Nov 212010
 

Recently a couple of lawsuits have been raised against the drink Four Loko or “blackout in a can” by the family of a Florida man who committed suicide and a woman who lost her hand in a car accident. In addition, the Attorneys General of several states including Washington and California have asked the FDA to ban Four Loko.

Four Loko comes in a 23.5 ounce can and contains 12-percent alcohol with a high dosage of caffeine (three times as much as a cup of coffee). The FDA has already issued warnings to Phusion Projects, Inc. the makers of Four Loko stating that a beverage containing both alcohol and caffeine is unsafe.

The family of the Florida man is suing Phusion Projects (the makers of Four Loko) for wrongful death of their son, a 20-year-old college student who binged on the drink, then later shot himself in the head. The 20-year-old woman in Florida who lost her hand said that she wouldn’t have gotten into her friend’s car if she had known how drunk her friend was before the car crash.

The effects of Four Loko and other similar drinks that combine alcohol and caffeine are reported to mask the effects of the alcohol, so the person drinking the concoction and the people around them may not immediately be aware of the impairment.

 Posted by at 4:28 pm

Toyota Class Action Products Liability Lawsuit Imminent

 Products Liability  Comments Off on Toyota Class Action Products Liability Lawsuit Imminent
Mar 232010
 

A group of lawyers representing those injured or killed by Toyota cars are filing a nation-wide class action lawsuit against the world’s largest automaker. This products liability lawsuit concerns a document that says Toyota new about the unexpected acceleration of its Camry vehicles as early as 2002.

The document also counters the claim by Toyota that the unexpected acceleration was caused by faulty floor mats or sticky gas pedals. According to the Toyota technical service bulletin, dealerships were notified in 2002 about a problem with the Engine Control Module.

Toyota has continued to deny this was the problem. If this were to be the problem, the estimated cost of repair would be around $500 per vehicle, putting the total costs into the billions of dollars. Another reason that Toyota has pointed towards in the rapid acceleration is “driver error”.

If Toyota is found responsible in a court of law, then the costs could also be in the billions of dollars. The attorney representing the case will appear in San Diego later this week and make an appeal with the courts to combine the 88 individual lawsuits into one class action suit.

 Posted by at 6:07 pm

Taser Product Liability Suit Gets $6 Million Award

 Police Misconduct, Products Liability, Wrongful Death  Comments Off on Taser Product Liability Suit Gets $6 Million Award
Jun 082008
 

In San Jose, California a federal jury awarded the family of Robert Heston, Jr. $6 million after the man died due in part to being repeatedly tasered by police. Taser International of Scottsdale, Arizona the maker of the taser guns were found to be responsible in the death of Heston.

According to the jury, Taser International failed to inform police that its product could be dangerous when used upon someone who was on drugs or in combination with chest compressions. Heston was tasered as many as 30 times after police were called to the scene.

 Posted by at 8:15 am

Parents of 6-year-old File Pool Entrapment Lawsuit

 Products Liability  Comments Off on Parents of 6-year-old File Pool Entrapment Lawsuit
Jan 292008
 

In Greenwich, Connecticut, parents of a 6-year-old boy have filed a lawsuit against the pool manufacturer, Shoreline Pools and the city in regard to a fatal drowning. According to the lawsuit, the boy was trapped by the water intake at the deep end of the pool and could not set himself free, nor the father who tried to free his son.

The child was eventually freed when the mother raced to cut power to the entire facility. The parents tried CPR but were unsuccessful in reviving their child. Over the past 20 years there have been 48 reported fatalities from swimming pool drain entrapments.

 Posted by at 11:24 am

Dennis Quaid Sues Drug Maker for Twins’ Overdose

 Negligence, Products Liability  Comments Off on Dennis Quaid Sues Drug Maker for Twins’ Overdose
Dec 052007
 

Actor Dennis Quaid and wife Kimberley Buffington are suing Baxter Healthcare Corporation for $50,000 is damages. The lawsuit alleges negligence in having similar labels for 10-unit and 10,000-unit vials of heparin.

Twins Zoe Grace and Thomas Boone were given accident overdoses of the drug, used as a blood thinner at Cedars-Sinai Medical Center in Los Angeles last month. Cedars-Sinai has since apologized for the preventable medication error.

 Posted by at 4:15 pm

Mattel Lawsuit Seeks Testing Children For Lead Poisoning

 Products Liability  Comments Off on Mattel Lawsuit Seeks Testing Children For Lead Poisoning
Aug 222007
 

A lawsuit against Mattel was filed this week in Los Angeles Superior Court. The Mattel class action lawsuit seeks monetary damages that will go towards testing children for lead poisoning because of the paint used on the toy products.

The massive Mattel recall involved toys made in China that were manufactured with lead paint and also toys that had small magnets that could fall off and choke small children. The Mattel lawsuit is the first of its kind, but more litigation of the same nature will likely follow.

 Posted by at 8:29 am

GlaxoSmithKline Diabetes Drug Lawsuit Filed

 Products Liability  Comments Off on GlaxoSmithKline Diabetes Drug Lawsuit Filed
Jun 122007
 

A class action lawsuit has been filed in New York against pharmaceutical giant GlaxoSmithKline regarding their diabetes drug, Avandia. According to the lawsuit, GlaxoSmithKline failed to disclose that Avandia increased the risk for heart attack in patients taking the drug.

After recent congressional hearings, the U. S. Food and Drug Administration has asked the pharmaceutical company to place a “black box” warning on the diabetes drug, which indicates the most serious of warnings jus short of pulling a drug from the market. The study citing the increased risk of heart attack was published in the New England Journal of Medicine.

 Posted by at 12:55 pm

Pet Food Recall Launches Lawsuits

 Products Liability  Comments Off on Pet Food Recall Launches Lawsuits
Mar 222007
 

Plaintiffs in the U. S. and Canada have launched pet food lawsuits against Menu Foods Corporation in product liability claims. The tainted pet food, sold under 92 different brand names including Iams has led to the deaths of 14 pets to date. Menu Foods is recalling 60 million cans and packets of the tainted pet food in one of the largest product recalls ever.

Menu foods “cuts-and-gravy” style food is sold at outlets such as Wal-Mart, PetSmart and Safeway and was pulled off the shelves on March 6, 2007. A Chicago woman, Dawn Majerczyk is the lead plaintiff in a class action lawsuit in the U. S. who filed suit after losing her cat, Phoenix to the tainted food.

A Canadian woman, Amanda Whiting has also filed a pet food lawsuit in the Canadian courts since her kitten has been diagnosed with kidney failure from eating the pet food. Toronto law firm Himelfarb Proszanski LLP is investigating the possibility of bringing forward a class action lawsuit in this case as well.

 Posted by at 1:59 pm

Two Years after Maytag Lawsuit Settled another Recall Looms

 Products Liability  Comments Off on Two Years after Maytag Lawsuit Settled another Recall Looms
Mar 212007
 

Two years after Maytag settled a lawsuit with two million consumers over its Neptune washers, another Maytag recall is looming. The Neptune washers were plagued by mold, mildew and offensive odor according to the consumer affairs lawsuit.

Today, Maytag-Samsung Electronics is recalling 250,000 Maytag and 20,000 front-loading washers worldwide. Because of a product defect, water leakage into the washing machines’ electrical connections could cause electric shorts and start fires.

So far, Maytag has received five reports of incidents involving small fires contained within the washers. No injuries or fires outside the washing machines have been reported yet. As the recall develops, however, there may be many product liability lawsuits coming out of the woodwork because of the scale of the recall and the potential for damage to person and property.

Maytag is not the only large appliance company under fire for product liability claims. Whirpool is alleged to have given customers the cold shoulder for years over complaints about their side-by-side refrigerators leaking water and causing damage to food and floors. Plaintiffs in Arkansas are seeking class action status in federal court against Whirpool and seeking upwards of $5 million.

 Posted by at 4:12 pm

Automotive Aftermarket Parts Lawsuit Yields $17 Million Verdict

 Products Liability  Comments Off on Automotive Aftermarket Parts Lawsuit Yields $17 Million Verdict
Mar 122007
 

In Missouri, a Jackson County jury awarded plaintiffs in a class action suit $17 million in damages against American Family Mutual Insurance Company for using aftermarket (non-OEM) parts in their vehicles. In a case that combines both elements of products liability and fraud, the suit alleged that the aftermarket crash parts that were used were of substandard quality and constituted a safety hazard. The suit also alleged their was a failure to disclose the extent that non-OEM parts were being used.

In 2005, insurance giant St. Farm Mutual faced a similar and larger lawsuit tabbed at $2 billion for using inferior aftermarket parts and failing to disclose the extend to which these parts were being used. The suit also alleged that it was St. Farm’s internal policy to use non-OEM parts on identified groups of people who most likely would not challenge the use of such parts or the insurance company’s practices in court.

 Posted by at 7:09 am