Product Liability

February 14, 2010

Toyota Car Recall: Now Electronics Questions

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

February 13, 2010

Colorado Man’s Crusade to Bring Attention to Defective Toyota Cars

by Dr. Shezad Malik

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.

February 13, 2010

Defective PVC Bursting Pipes Lead to a Legal Battle

by Dr. Shezad Malik

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.

February 13, 2010

Ex NHTSA Regulators Hired by Toyota Helped Halt Investigations

by Dr. Shezad Malik

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.

February 12, 2010

Toyota Units Named in Suit Claiming Racketeering

by Dr. Shezad Malik

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.

February 12, 2010

Toyota Faces Massive Legal Liability From Defective Cars

by Dr. Shezad Malik

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

February 12, 2010

Boston Scientific Defibrillator Safety Questioned

by Dr. Shezad Malik

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

February 11, 2010

Toyota to Fix Gas Pedals as Lawsuits Increase

by Dr. Shezad Malik

Toyota said that its dealers are working overtime to fix sticking gas pedals on some 2.1 million recalled vehicles at a rate of 50,000 per day and have so far repaired 225,000 cars.

Toyota recalled 3.8 million vehicles last fall to repair what it called floor-mat “entrapment” of the gas pedal, and an additional 2.1 million cars last month to fix what it calls an unrelated sticky-gas-pedal problem.

Read the full story here at the Washington Post.

February 10, 2010

Breach of Warranty Claimed in Texas Class Action Against Toyota

by Dr. Shezad Malik

A Texas attorney is moving at full speed with a proposed class action against Toyota over accidents allegedly caused by stuck gas pedals, even as the automaker announced it has a remedy to put the brakes on the problem.

Representing Corpus Christi residents Sylvia and Albert Pena III and others similarly situated, attorney Hilliard filed suit against Toyota Motor Corp. and Toyota Motor Sales USA Inc. The suit was filed Jan. 29 in the Corpus Christi Division of the Southern District of Texas.

“This is a civil action against defendants based upon information and belief that defendants, and each of them, designed, manufactured, distributed, and sold certain automobiles equipped with the Electronic Throttle Control System with Intelligence (ETCS-i) and/or Electronic Throttle Control System (ETC) that is defective in that it will allow sudden unintended acceleration of the vehicle engine,” wrote Hilliard.

Read the full story here.

February 10, 2010

Cardiac Science Automated External Defibrillators : Recall

by Dr. Shezad Malik

Cardiac Science Corporation and FDA notified healthcare professionals and consumers of a recall because the automated external defibrillator (AED) may not be able to deliver therapy during a cardiac resuscitation attempt, which may lead to serious adverse events or death.

Each of the approximately 12,200 devices affected in this recall can be confirmed at the Cardiac Science Web site, www.cardiacscience.com/AED195.

The affected AEDs were manufactured or serviced between October 19, 2009 and January 15, 2010 and include the following models – Powerheart 9300A, 9300E, 9300P, 9390A, 9390E, CardioVive 92532 and CardioLife 9200G and 9231. Each affected AED should immediately be removed from service since it may not deliver the expected therapy.