Archive for the ‘Products Liability’ Category

Honda Fit recalled due to potentially dangerous engine stall problem

Honda Motors is issuing a recall of tens of thousands of cars in the U.S. because of a potentially dangerous or even deadly problem that can cause the engine to stall.  The recall is being announced as more and more drivers are reporting problems with their cars. The recall is for the Honda Fit, specifically models manufactured and sold in 2009 and 2010. The problem the recall addresses is that the Fit‘s engine will stall while the vehicle is in motion and cause the car to decelerate. in a KTRK local news story, one Honda Fit owner reported driving on I-10 with her sister late at night when the car suddenly lost acceleration and started to slow in the travel lanes: her Honda Fit would not respond to her pressing the gas pedal and sensing she was in danger she quickly got out of the travel lanes.

On Thursday February 17, 2011 Honda announced it is recalling 97,000 Honda Fit cars made in 2009 and 2010. The purpose of the recall is to replace lost motion springs. Honda Motor Company says the motion springs are within the engine valve train: the spring may bend or breaking resulting in engine noise and potentially engine damage and stalling. Honda says it will mail recalls notices to drivers whose Honda Fits are affected in early March. If you own a Honda Fit and are unsure if your vehicle is part of the recall you can check by either visiting a Honda dealership or by checking Honda’s recall web site by clicking here. You will need to have the VIN for your Honda Fit if you use the recall web site.

The Honda Fit is a 5-door, hatchback subcompact car and is pictured below:

2009 and 2010 year models of the Honda Fit are being recalled by Honda to address engine stalling problem

It is encouraging that Honda is acting now to address this potentially dangerous even deadly problem.  If a vehicle suddenly loses all power stranding the driver and passengers in a travel lane during heavy traffic, there is a potential for the occupants of the car to be hit and injured in a car accident. If you or a family member have been injured in a car accident because your Honda Fit experienced engine stalling or sudden loss of power, call the experienced personal injury lawyers at Smith & Hassler for a free consultation regarding your legal rights. Smith & Hassler has handled products liability cases for injured clients against many large manufacturers, such as with the Toyota sudden acceleration incidents.

Rollover wreck in Southwest Houston kills teenager

Police say a 17-year old driver died in a rollover car accident at around 11:50am on Sunday February 13th. The teenager was driving a white-colored Honda Accord in the 10400 block of the Southwest Freeway. Investigators said the driver lost control while exiting on the service road near Beltway 8. When the car slid and overturned, the driver and a rear seat passenger were ejected from the car, according to detectives. Police say the driver died at the scene and the ejected passenger and one other passenger were transported to Ben Taub, reportedly with minor injuries.

What the Toyota sudden acceleration and resulting injuries and deaths have reinforced is that single car accidents are not always due to driver error. Sometimes a vehicle defect may either be responsible for the initial accident, or may may injuries or death more likely due to design, manufacturing or warning defects for which the vehicle manufacturer is responsible. If you or a loved on have been seriously injured in a car accident and believe a failure on the part of the vehicle may have contributed to serious injury or loss of life, call the experienced personal injury attorneys at Smith & Hassler for a free consultation regarding your potential products liability case.

All automobile insurance companies are not created equal!

If you have just been involved in a car accident, particularly one in which you were injured, you’re about to get a firsthand lesson in a principle Smith & Hassler knows all too well: not all car insurance companies are created equal. Some automobile insurers are nationwide companies who process billions of dollars in claims each year and have thousands of employees working their claims. They probably advertise on television and you’ve heard of them before. Without commenting on whether they make reasonable settlement offers on injury claims, if nothing else, when you call one of the big insurers somebody is going to pick up the phone.

On the other hand there are some automobile insurers who write automobile insurance policies in only one or two states, usually only write minimum limits policies and typically write policies for driver who have a poor driving record, limited credit history, or both. This type of insurer tends to keep its overhead and costs down by overworking their employees and not having sufficient manpower to answer calls, handle claims, etcetera. You probably won’t have heard of the insurance company before, they don’t advertise on television, and each time you call you find yourself on hold for an unreasonable length of time (or your calls don’t get returned).

Automobile insurers also have different philosophies on how they handle injury claims, and a particular insurance company’s philosophy can change over time. Perhaps the most famous example is when Allstate Insurance hired the McKinsey consulting group to review how Allstate managed injury claims. In the 10-years after Allstate brought in McKinsey, the amount of money Allstate paid out in car accident cases went from $0.63 per premium dollar to $0.47 per premium dollar. McKinsey infamously created a presentation slide in which McKinsey recommended Allstate treat people making injury claims with “boxing gloves” instead of “good hands.”

Having prior experience with a particular insurance company and a good understanding of their claims practices is very valuable when making an injury claim. Beyond that it is also very valuable to have experience with the law firms and lawyers that handle lawsuits filed against people insured with these insurance carriers. When an injury claim cannot be worked out through settlement, a lawsuit is the next step, and knowing who will defend that lawsuit and how they will defend it is a strategic advantage. Smith & Hassler has represented thousands of injured Texas in claims and lawsuits in our 20+ year history. If you have been injured due to the negligence of a driver insured with any of the following automobile insurers (or any other insurance company) you can speak to a Smith & Hassler personal injury attorney at no cost for a free consultation: we’d be glad to discuss your case with you and give you some insight into what to expect from the particular insurance company you’ve found yourself having to deal with.

ACCC Claims ServiceStatewide Claims21st Century, Canal InsuranceAllied InsuranceesuranceMetLifeProgressiveSafecoGainscoLiberty MutualInfinityState FarmGEICOAllstateFarmersChubbZurichU.S. AutoSanta Fe InsuranceTravelersThe HartfordUSAAMercury InsuranceCentral InsuranceGermaniaTexas Farm Bureau

Texans grappling with hip implant defects: Find out what you can do

People living in and around Houston are hardy and active folks, but Texans, along with the rest of America, are getting older. It’s not uncommon for a healthy older person to need a joint replacement. Hip replacements and other common procedures can allow a Texan to maintain a good quality of life.

Hip replacement, no doubt, is a big business. Unfortunately, companies sometimes rush an untested product into the marketplace. The consequences of such negligence can be devastating. Hip implant defects have caused significant injuries in patients, or prompted the need for a second, revision surgery that puts the patient at risk.

Recently, DePuy Orthopaedics Inc. announced a recall of two hip implant devices, which has given rise to product liability lawsuits. The devices, recalled in August 2010, caused some patients to experience problems, including:

  • Loosening of the implant
  • Bone fractures around the device
  • Dislocation of the implant’s ball and socket in some cases

Some patients had to under another hip replacement surgery. The defective hip implant device also can produce metal shavings that can irritate the area around the implant or get into the blood stream. It’s possible that the metal shavings may lead to heart failure or dementia in some patients.

If you received a hip implant since 2003, it’s a good idea to get in touch with your doctor for an evaluation. DePuy’s products were introduced in 2003 and 2004. The company’s defective hip implant products are the DePuy ASR Hip Resurfacing System and the DePuy ASR XL Acetabular System.

Another hip replacement device that was subject to a recent recall is the Zimmer Durom Cup, a hip component that is inserted into people undergoing total hip replacement surgery. The Zimmer Cup (technically the Zimmer Durom Acetabular Component) was recalled in 2008 because some patients required additional surgery after the unit failed to properly bond.

If you have experienced any pain or side effects related to a hip implant defect, we recommend contacting an experienced attorney. You may be entitled to compensation.

Some patients who have been implanted with DePuy may be contacted by a company representative. It’s crucial that you discuss your specific case with an attorney before accepting any compensation. You may be entitled to additional compensation for your losses.

The Houston lawyers at Smith & Hassler know how to fight for the rights of hip implant defect victims. Our lawyers have years of experience and many resources to help you pursue a successful claim. Call us today for a free consultation at 1-877-777-1529. We are committed to helping clients get the results they need – and deserve.

Houston woman dies in tragic car accident, hit while in garage

January 30, 2011: A southeast Houston woman has died after her husband accidentally drove into her as she stood in their garage on Saturday afternoon. The couple was in their 60’s and had been married for over 30-years. They were pulling into their driveway around 3:30PM when they opened their door and their dog got out, according to Houston Police Department sergenant J.K. Richard with the vehicular crimes division. The woman got out of the couple’s Infiniti SUV and corraled the dog back into the garage as her husband pulled in.  The husband’s foot slipped on pedals and he accidentally hit the gas instead of the brake, causing the vehicle to surge forward and pin the woman between a refrigerator and the SUV, before continuing on and crashing through the back wall of the garage. Paramedics transported the woman to Memorial Hermann Southeast where she later died. The couple’s house is in the 16400 block of Hickory Knoll Drive in Houston.

Zinc Poisoning from Denture Cream: What You Need to Know

If you use dentures, you may have exposed yourself to dangerous amounts of zinc. You may not even be aware of what’s causing your pain, since the ingredient was not listed on many common brands of denture cream.

Common brands of denture cream, including Fixodent and Super PoliGrip, use zinc as an ingredient to aid in both adhesion and odor control. Zinc is an essential mineral for humans, but too much zinc can lead to a reduction of copper in your body. A copper reduction can lead to neurological disorders.

Denture creams are listed as Class 1 medical devices by the Food and Drug Administration (FDA). This means they do not have to list their ingredients on the packaging.

However, the denture cream makers have a duty to inform consumers that zinc is an ingredient. And they have a duty to warn users about serious side effects of denture cream zinc poisoning!

Common side effects of zinc poisoning related to denture cream use include:

Hands and feet feeling numb (paresthesias)

Difficulty in walking

Paralysis in some cases

Abnormal sense of touch or painful sense of touch (dysesthesias)

Loss of sensation

What would you do if you experienced any of these potentially debilitating symptoms? You may be unable to work. You may be unable to pay your bills. You may feel overwhelmed.

While zinc poisoning from dangerous denture cream can turn your life upside-down, you do have options. You may be entitled to compensation. Turn to a Houston law firm experienced in handling complex zinc poisoning cases. At Smith & Hassler, we understand Texas’ complex legal system. Our aggressive products liability attorneys can scrutinize your case and pursue justice for you!

Don’t hesitate to contact us for a free and confidential case review. At Smith & Hassler, we put our experience and resources to work for clients who have been injured due to denture cream zinc poisoning. Our attorneys are not intimidated by insurance companies and their teams of lawyers.

Don’t let a zinc poisoning injury ruin your life. Demand justice. Call 1-877-777-1529. Contact Smith & Hassler today. Tell them you mean business.

Toyota is attempting to dismiss sudden acceleration lawsuit

News Channel 2 story is here

A federal judge is California is soon to consider a motion filed by Toyota Motor Company in which Toyota seeks to dismiss lawsuit alleging there was a defect in Toyota’s vehicles that caused sudden acceleration.  Toyota has recalled millions of its vehicles yet is asking the judge to throw out hundreds of the lawsuit filed over sudden acceleration collisions. Toyota is claiming that attorneys for people injured due to sudden acceleration have failed to prove that there is a design defect in Toyota’s electronic throttle control system that is responsible for the sudden accelerations.  The lawsuit seek damages for injuries and deaths caused by the sudden accelerations, and also for economic loss due to the reduction in market value Toyota owners have experienced due to the bad publicity surrounding the recall.

Products liability lawsuits are based on one or more theories that a product caused injury because: (a) users of the product were not adequately warned of the dangers associated with the product’s use; (b) the product was defectively designed, and the design defect made the product dangerous and caused injury; and (c) the product was defectively manufactured, and the manufacturing defect caused injury.

Deaths of 4 infants prompt Graco to recall baby strollers

Graco’s official recall listings are here on the Graco web site

Graco is recalling approximately 2,000,000 of its strollers after receiving reports that a defect with the stroller may have caused the deaths of four infants. The strollers being recalled are older versions of the Graco Quattro Tour and MetroLite strollers and travel systems, all of which were made before 2007 and were distributed by Graco Children’s Products, Inc. of Atlanta.

The Consumer Product Safety Commission says that if babies are not properly strapped into the strollers the child can slip through the opening between the stroller tray and the seat bottom where they can become struck and be strangled. The strollers involved in the recall were made before a voluntary standard was introduced in 2008 addressing this issue. The strollers were sold nationwide between November 2000 and December 2007.

2-year old in Santa Fe, TX recovers after car window accident

A 2-year old girl in Santa Fe, Texas is lucky to be healthy after being rescued by her mother when she became stuck in a car’s electric window. A spokesperson for Galveston County rescue services said the girl had been playing in the back seat of a parked vehicle and had leaned out of the window. The little girl was apparently distracted by a dog outside the car. Her mother walked to the rear of the vehicle to retrieve something from the trunk and got distracted speaking with a neighbor when the little girl got stuck. It is believed the mother revived her child possibly by performing CPR. When rescue crews arrived the girl was conscious and crying. The girl was transported by ambulance to Clear Lake Regional Hospital. The Galveston Daily News story is here. A 2004 Washington Post article reported that power windows were thought to be responsible for 2 to 4 child deaths per year, a relatively small portion of the 43,220 people killed annually in car accidents in the U.S.  Some safety advocates argue any such deaths are unnecessary and avoidable: U.S. made cars typically use a rocker style switch that can cause a window to close if someone accidentally leans on the switch.  Most Asian and European manufactured vehicles use a switch that must be pulled up, rather than pushed down, to cause the window to raise, reducing the risk of accidental closure.

Airbag failed to protect Liberty County car accident victim

Brianne Haltom was involved in a one-car accident in Liberty County last November when a previously undiagnosed medical condition caused her to have a seizure and veer off the road. Her car slammed into a tree causing her head to strike the steering wheel: her airbag did not deploy.  Brianne suffered facial fractures and a brain injury that required her to be put in a medically induced coma.  She also suffered an eye injury.

Despite the severe front end impact to Brianne’s pickup truck, while the passenger side airbag did deploy, Brianne’s steering wheel airbag did not. This phenomena is referred to as a “split deployment.” The National Highway Traffic Safety Administration (NHTSA) reports that 22,500 lives have been saved by airbags since 1998 and that in 2006 airbags deployed in 1.1 million crashes nationwide.

After Local 2 aired a story about 2-years ago on airbag failures the Insurance Institute for Highway Safety published the findings of a study in a March 2009 status report.  Looking at a sample of fatal front end car crashes it was determined an estimated 50 to 100 deaths occur per year involving potential airbag failures, which is 1 to 2 percent of all deaths of person riding in the front seats in frontal crashes.

Click2Houston’s full story is available here.