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Articles Posted in Product Liability

Roche Holding AG, the Swiss drugmaker, must pay $25.16 million in damages to a former user of its Accutane drug who blamed the acne medicine for his inflammatory bowel disease, a New Jersey jury ruled.

Andrew McCarrell, 38, won the verdict at a retrial in Atlantic City, New Jersey. An appeals court ordered the new trial after overturning a $2.62 million award he won in May 2007. McCarrell, a computer technician from Birmingham, Alabama, testified he got sick after taking the drug for acne in 1995. He needed five surgeries, including one to remove his colon.

Read the full Reuter story here.

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Toyota Motor Corp. vehicles have been linked to 34 deaths by consumers filing complaints with the U.S. government over unexpected acceleration, according to the Transportation Department.

The total jumped by 13 fatalities since Jan. 27 as nine more filings were added to a database the department’s National Highway Traffic Safety Administration uses to track deaths, injuries and consumer complaints.

http://www.bloomberg.com/apps/news?pid=20601209&sid=aPso41xXZS60Read the full Bloomberg story here.

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The wife of the driver of a 2008 Avalon that shot into a pond in Southlake and flipped, killing four people, said she believes quicker action by Toyota could have prevented the tragedy.

Linda Hardy’s husband, Monty, was behind the wheel of his car that landed upside down in a small pond in Southlake.

Read full story here at WFAA

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The company vigorously denies that its vehicles’ acceleration problems might stem from an electronic or software glitch. But it remains an open question, and any such finding would be devastating.

In the nearly five months since it launched a string of recalls to stop its cars from accelerating out of control, Toyota Motor Corp. has been adamant about one thing: It’s not the electronics.

Company officials first put the blame on floor mats that could entrap the accelerator, later amending that to include gas pedals themselves that could stick.

Read the full story here at the Los Angeles Times

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A Colorado man has fought mostly unsuccessfully to get his concerns heard since his wife’s Prius car accident in 2006.

Before his wife’s Prius suddenly accelerated uncontrollably to 90 miles per hour on a mountain highway, you’d have been hard-pressed to find a bigger fan of Toyota than Ted James.

A middle-school science teacher and ardent environmentalist, James got a Prius for his wife, Elizabeth, and a Corolla for himself.

Read the full story here at the Los Angeles Times.

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State and local governments across the country may have to replace their water systems because of defective pipes, according to a whistle-blower lawsuit unsealed this week.

The whistle-blower, John Hendrix, accuses his former employer, one of the world’s largest pipe manufacturers, of falsifying test results about the quality of its products. Pipes that should last 50 years are in some cases rupturing in their very first year, according to Mr. Hendrix and some state documents. This can lead to explosions, leaks, fires and other dangers.

Read full New York Times story here.

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Former regulators hired by Toyota Motor Corp. helped end at least four U.S. investigations of unintended acceleration by company vehicles in the last decade, warding off possible recalls, court and government records show.

Christopher Tinto, vice president of regulatory affairs in Toyota’s Washington office, and Christopher Santucci, who works for Tinto, helped persuade the National Highway Traffic Safety Administration to end probes including those of 2002-2003 Toyota Camrys and Solaras, court documents show. Both men joined Toyota directly from NHTSA, Tinto in 1994 and Santucci in 2003.

Read full Bloomberg story here.

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Four Toyota Motor Corp. units were named as defendants in a racketeering lawsuit that claims the companies collaborated to sell cars they knew were unsafe.

The lawsuit, filed Feb. 8 in federal court in Covington, Kentucky, targets Toyota Motor Engineering & Manufacturing North America Inc., as well units that produce Toyota’s Camry and Avalon models and handle leasing and engineering.

Read the full Bloomberg story here.

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Legal expenses and damages could add billions to Toyota’s recall costs, with dozens of suits pending over injuries and deaths and at least 30 seeking class-action status over lost use of vehicles.

Toyota Motor Corp.’s massive recalls for acceleration and braking problems are creating a huge legal liability for the company — and Toyota owners may share in the pain.

Toyota faces dozens of lawsuits over injuries and deaths attributed to safety problems, with many more suits expected. Lawyers and legal experts said the lawsuits could be particularly expensive for the automaker if plaintiffs prove that Toyota was aware of problems but failed to correct them.

Read full story here at the Los Angeles Times

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Two defibrillator brands made by Boston Scientific Corp. have a design flaw that can result in the devices delivering potentially life-threatening shocks to the hearts of patients, authors of a medical journal article say.

The defect can cause the Cognis and Teligen brand defibrillators to deliver the shocks when they aren’t needed in the many patients who get the devices implanted just under the skin, according to an article in the journal HeartRhythm. The potential malfunction, while appearing to be extremely rare, could in theory affect any of the more than 90,000 devices implanted, said the authors. They advised physicians to look for the problem should the devices malfunction.

Read the full story here at the Wall Street Journal

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