The Recall Lawyers

The National Highway Traffic Safety Administration--a federal agency responsible for regulating the safety of motor vehicles--has begun an investigation into Ford F-150 trucks with EcoBoost engines over concerns that the vehicles can lose power during acceleration. The problem, if proven, could pose dangers to drivers, passengers and pedestrians alike.

About 400,000 vehicles are subject to the investigation. NHTSA reports that it has received 95 complaints of the problem from owners of the trucks for the 2011-2013 years. All of the trucks complained of have the EcoBoost turbocharged 3.5-liter V-6 engine.

So far, the concern involves a sudden loss in power that occurs during hard accelerations at highway speeds, such as merging or passing other vehicles. No crashes or injuries have yet been reported.

NHTSA's investigation is the first step in determining whether a defect in the vehicles exists. The trucks have not been recalled.

Ford's F-150 is one of the most popular vehicles on the road, with 645,316 sold in the U.S. in 2012 alone.

The auto accident lawyers at Jones Ward handle all types of auto collision cases. For more information, contact attorney A. Layne Stackhouse at layne@jonesward.com.

The Center for Auto Safety, a nonprofit consumer advocacy group, is asking officials of the Chrysler Group (and it's parent company, Fiat) to recall approximately five millions Jeep Grand Cherokees, based on two suspected defects in the vehicles. The problems have led to rear-impact fires, which have killed passengers, according to the group.

The group cited the deaths of three children since 2006 in a letter to Fiat's chairman. The children died in fires after the Jeeps were struck from the rear. The Center for Auto Safety is urging the automakers to recall 1993-2004 Jeep Grand Cherokees, due to two problems that can result in fires. The first is a gas tank behind the rear axle and somewhat below the bumper, in an area called a crush zone by safety engineers. Chrysler moved the tank in front of the rear axle when it redesigned the vehicle for the 2005 model year, but said the move was not related to concern about fires.

The second problem is a fuel filler pipe positioned so that it can rip away from the tank in a rear impact, allowing gasoline to escape from the tank, the center said. Chrysler has repeatedly denied that the Grand Cherokee posed a fire risk, noting that the vehicles met federal safety standards.

Last week, Chrysler released a statement reconfirming its own evaluation of the issues, stating the SUVs are neither defective nor unsafe due to the vehicles' fuel systems. But nearly a year ago, the National Highway Traffic Safety Administration (NHTSA) investigated the issue, and determined that the group's claims were sufficient to upgrade the agency's investigation to an engineering analysis.

The group continues to claim the vehicles are defective, citing its study that found that similar SUVs had less rear impact related tank failures and less fires than the Jeep Grand Cherokees. The group states it has reports of 157 deaths in which Jeep Grand Cherokee collisions resulted in a fire.

The defective motor vehicle attorneys at Jones Ward are equipped to handle all sorts of dangerous auto lawsuits. For more information, contact attorney A. Layne Stackhouse at layne@jonesward.com.

Police are investigating the peculiar circumstances surrounding a one car crash on Interstate 65 in Elizabethtown, Kentucky, just south of Louisville. As reported by local media, a woman named Claire R. Kahane, 75, was driving her 2006 Toyota Avalon south on I-65 with her husband in the passenger seat. The car inexplicably left the roadway, crashing head on into a tree. The driver's body was found inside the vehicle while her husband, Charles S. Kahane, was found over 900 feet away.

According to police, there is no indication that the driver made any attempt to stop the vehicle before colliding with the tree. Given Toyota's long and public problems with sudden acceleration in many of its vehicles, I would be surprised if the police do not investigate this crash to determine if, in fact, this 2006 Avalon accelerated suddenly against the driver's will similar to the hundreds of other reported incidents of Toyota sudden acceleration that have been talked about in the media and reported to authorities since the Toyota recall in 2010.

The attorneys at Jones Ward PLC represent more than ten injured plaintiffs from across the country in Toyota sudden acceleration cases, including wrongful death cases. If you or a loved one have been injured by a defective product, contact Attorney David Bryant for a free case evaluation.

The U.S. National Highway Traffic Safety Administration ("NHTSA") recently announced a recall of almost 280,000 2009 Chrysler Aspens, 2009 - 2011 Dodge Dakotas, 2009 - 2012 Dodge Rams, and 2009 Dodge Durangos for power train rear axle pinion nuts that could loosen. The cause is an undersized pinion spline that could allow motion between the pinion nut and its companion flange. If the rear axle pinion nut loosened because of the motion, the axle could lock up, causing a loss of vehicle control and potentially a serious crash.

The NHTSA has received 15 complaints alleging rear differential failures resulting in rear wheel lock-up in model year 2009 through 2010 Dodge Ram 1500 pickup trucks. The complaints allege failures at various speeds with eight of the incidents reporting failures at speeds of 35 mph or greater. Four of the complaints involving higher speed incidents allege that the failure resulted in a loss of vehicle control including spins, skids, and/or yaws.

One failure from the defect resulted in a crash into a concrete barrier. One complaint reports that loosening of the rear differential pinion nut caused the failure. Most of the complaints allege that the failure resulted in drive shaft failure including one that reported the detached shaft end punctured the fuel tank. This puncture could potentially have resulted in a serious fire.

If you or your family members have been injured because of an automaker's design or manufacturing defect, you might be eligible for a full financial recovery for your needless injuries because of the defect. Your recovery might include amounts for past and future medical expenses, vehicle damage, lost wages, and even pain and suffering, among other things.

If you questions or would like more information, contact attorney David G. Bryant at (502) 882-6000 or david@jonesward.com.

Johnson & Johnson, the biggest healthcare product manufacturer in the world, has announced its plan to stop selling its metal-on-metal and ceramic-on-metal hip replacements. The company states its decision is made due to declining demand and in light of U.S. regulators seeking new rules for the products.

In 2010, J&J's ASR metal-on-metal hips were the subject of a widespread recall, due to various defects with the device, including problems requiring the device to be removed or "revised." The ASR recall apparently is unrelated to J&J's decision.

J&J's decision means that metal liners in the Ultamet Metal-on-Metal Articulation and the Complete Ceramic-on-Metal Acetabular Hip System will not longer be sold after August 31. The company also stated that its DePuy Orthopaedics unit (which manufactured the ASR) will stop selling related products through 2014 to simplify and streamline its offerings. J&J has made clear that its decision is not related to effectiveness and is not a recall, although its decision is made in the wake of stricter regulatory scrutiny, increasing safety problems, and a rise in the number of lawsuits over metal-on-metal hip products.

Since 2010, doctors and regulators have publically expressed concern over the numerous defects associated with metal-on-metal hip articulations that have caused serious injuries to patients, including tissue necrosis, pseudotumors, and metallosis, or metal toxicity in the blood, all of which typically require surgical removal of the device.

J&J spokespersons have stated that there has been a 90 percent decline in metal-on-metal sales in the U.S. and in Europe since 2007. J&J will continue to market other hip replacement products, however, including the Pinnacle Acetabular Cup System, and a wide range of liners and cups made with non-metal materials, including ceramic and plastic.

J&J is all too familiar with the problems associated with metal-on-metal hips, particularly since its Depuy unit's ASR was recalled. The company is facing over 10,000 lawsuits related to the ASR and lost its first jury trial this past March.

Most of these products, in fact, most metal-on-metal products on the market, are approved by the FDA through the less intensive 510(k) process, which allows a manufacturer seeking approval of a new device to base its safety and efficacy claims on prior, predicate devices already approved.

In January, the FDA announced it is requiring hip products approved under the 510(k) process to undergo more rigorous studies typically required for entirely new devices. The FDA's decision is the most recent in a string of safety alerts and new requirements concerning metal-on-metal hips.

The defective device attorneys at Jones Ward are evaluating a variety of metal-on-metal hip cases. For more information, contact attorney A. Layne Stackhouse at layne@jonesward.com.

Two attorneys at Jones Ward PLC have filed a class action lawsuit against Detroit automaker General Motors Company over a design defect in its 2011 model year and newer Chevrolet Cruze.

The lawsuit, filed in federal court in Louisville today, describes how the Cruze has a serious mechanical defect that causes antifreeze to leak from the radiator. The defect can lead to mechanical troubles and/or can cause a malodorous smell in the passenger compartment. General Motors concealed and has been unwilling or unable to fix this defect plaguing all model year 2011 or newer Chevrolet Cruzes.

Attorneys Jasper D. Ward and David G. Bryant, along with their co-counsel, filed the class action on behalf of Louisville resident John Mitchell and thousands of other similarly situated Cruze owners. Here are some of the claims from the complaint:

1. That General Motors violated various consumer protection statutes by withholding knowledge of the Antifreeze Leakage Defect and misrepresenting the safety and reliability of the Chevrolet Cruze with the intent that buyers would rely on such representations in deciding whether to purchase or lease a Chevrolet Cruze.

2. That General Motors violated various express and implied warranties.

3. That General Motors violated the Magnuson-Moss Warranty Act by selling automobiles that are not fit for their ordinary purpose and then failing to repair the defect.

4. That General Motors intentionally concealed the Antifreeze Leakage Defect and denied buyers information that would have been highly relevant to their purchasing decision.

The defect has led to a substantial decrease in resale value and has forced Cruze owners to expend time and money pursuing repairs. The lawsuit seeks monetary damages on behalf of the class of Cruze owners and demands that General Motors issue a recall of all Chevrolet Cruzes subject to this lawsuit to fix the defect.

If you own a 2011 model year or newer Chevrolet Cruze and want to learn more about the class action lawsuit, contact David Bryant or Jasper Ward at 502-882-6000 or send an e-mail to david@jonesward.com.

The financial fallout of the Stryker Rejuvenate hip implant recall is deepening, with the defective device costing its manufacturer another $40 million in the last three months.

Stryker Corp., based in Michigan, has now incurred a total of $230 million in charges related to the Rejuvenate and ABGII hip devices. Both were recalled in June 2012 due to unreasonably high failure rates, which have forced hundreds of patients to undergo costly and painful revision surgeries due to metallosis and other problems.

Despite the horrific problems with the Rejuvenate, the folks at Stryker are still making plenty of money. In the first three months of 2013, Stryker reported a healthy adjusted net profit of $394 million, or more than $4 million a day.

You can read more details about the financial impact of the Stryker recall by clicking here.

For hip implant manufacturers, recalling a defective metal-on-metal hip device is just a cost of doing business. Rarely does a recall create a true financial pinch. For example, Johnson & Johnson, whose DePuy subsidiary faces more than 10,000 lawsuits over the defective ASR hip implant, has taken more than $1 billion in recall-related charges so far. But the stock price of J&J continues to climb, recently reaching a new high of $85 a share. When the company's market cap is $233 billion, it doesn't hurt too much to spend one of those billions fighting a recall.

Meanwhile, patients with defective hip implants such as the ASR, the DePuy Pinnacle, the Stryker Rejuvenate, the Biomet M2A Magnum, and the Zimmer Durom continue to suffer. The lawyers at Jones Ward PLC represent people all over the country who have been injured by these metal hip implants. The makers of these devices must be held accountable. If you or a loved one have been injured by these products, call Attorney Alex Davis or send an email to alex@jonesward.com for a free case evaluation.

The U.S. Consumer Product Safety Commission, charged with overseeing the safety of consumer products, approved a notice of proposed rulemaking last week to create a federal safety standard for strollers. The new regulation aims to prevent further death and injuries to young children.

The approved safety standard implements the Standard Consumer Safety Specification for Carriages and Strollers. The commission voted 3-0 to approve the publication of the new standard. If ultimately approved, the modification requires adding language in the standard to address scissoring, shearing, and pinching hazards associated with folding or foldable strollers.

CPSC believes the new language and the standard will help reduce risks associated with the majority of hazards identified by reviewing stroller incidents. The CPSC reviewed more than 1,200 incidents, including four deaths and nearly 360 injuries occurring from 2008 through 2012.

The hazard patterns identified for stroller-related incidents include:
• wheel breakage and detachment;
• parking brake and lock mechanism failures;
• hinge issues;
• structural integrity issues;
• entrapment;
• car seat attachment;
• canopy issues; and
• handlebar failures.

CPSC staff recommends that the mandatory standard for strollers become effective 18 months following publication of the final rule in the Federal Register.

The legal team at Jones Ward handles products liability lawsuits involving a variety of injuries. For more information, contact attorney A. Layne Stackhouse at layne@jonesward.com.

A Medronic Inc. deep brain stimulator device used to treat Parkinson's disease and other neurological conditions is the subject of a recent Class I recall by the U.S. Food & Drug Administration (FDA). The stimulators use electrical pulses to treat neurological disorders such as Parkinson's disease, tremors, obsessive-compulsive disorder and dystonia.

A Class I recall is the highest level warning that the agency can enforce. The recall means that the agency believes Medtronic's deep brain stimulator device has a possible life-threatening defect. A Class I recall means that the agency has declared that the stimulator defect could cause serious health consequences or death.

According to Medtronic, the largest medical device maker in the world, the wires on the ends of the stimulators may be damages by a cap that protects the electronics at insertions. The wires can be harmed when the connections inside the cap are twisted during surgery or when the cap is removed. If the wires (or leads) are damaged, they may have to be replaced in order to be effective for treatment.

According to news reports, Metronic alerted physicians to the defect in February and has changed its manufacturing process to try to remedy the defect. The FDA is currently reviewing the manufacturing change.

The dangerous device lawyers at Jones Ward are dedicated to brining you up-to-date news about recalls and defective medical devices. For more information, contact attorney A. Layne Stackhouse at layne@jonesward.com.

On April 26 a Los Angeles jury awarded a plaintiff $6.5 million in a case arising from the use of Actos, a diabetes drug. The plaintiff claimed that the bladder cancer and death of her husband was due to ingesting Actos. The jury found that the Japanese drugmaker Takeda Pharmaceutical did not provide adequate bladder-cancer warnings to Cooper and his doctors.

Actos (pioglitazone), a prescription drug sold by Takeda, is used to treat Type 2 diabetes. It works to balance blood sugar by increasing cells' receptiveness to insulin. A similar drug is called ActoplusMet which combines metformin. Actos was responsible for $3.4 billion in sales for Takeda in 2009.

If you or a loved one have been diagnosed with bladder cancer and would like a free consultation on your potential legal rights regarding Actos please contact attorney David Bryant at (502) 882-6000 or david@jonesward.com.

The Consumer Product Safey Commission, which oversees the safety of many products, has issued two recent recalls of household items. Target is recalling nearly 150,000 of its Giada De Laurentiis-branded ceramic lasagna pans (shown right). The cream-colored pans are 9x13 inches and were sold individually and as part of a six-piece set. The bottom of the pan is stamped "Giada de Laurentiis for Target."

According to the CPSC, the pans or its handles may crack and break during normal use. Target has received at least 39 reports of cracked or broken pans that may pose a laceration hazard to consumers. Of the 39 reports, 6 reported cuts or lacerations due to the problem.

Target is asking consumers to stop using these products and return them to the store for a full refund. The pans were sold between January 2009 to October 2012 exclusively at target.

The CPSC also announced a recall of about 900 of West Elm's floor lamps (shown left). According to the agency, a failure of the lamp's joint locking mechanisms can cause the lamp to collapse and the electrical cord to spark, posing injury and shock hazards to consumers. The recall concerns the industrial Overarching model floor lamps with an iron base and arm in an antique bronze finish, one light socket and a round natural linen shade. They are approximately 78 inches tall and have a swiveling triple-jointed adjustable arm and an ON/OFF foot switch at the base.

West Elm has received 24 reports of the floor lamps failing. Although no injuries have yet been reported, 10 of the reports were for the lamps collapsing and three were for sparking cords.

West Elm is asking consumer to immediately stop using the lamps, to unplug them and return them to the store for a full refund. The lamps were sold nationwide at West Elm from December 2012 to February 2013.

The recall attorneys at Jones Ward PLC are committed to providing you with up to date recall news. For more information, contact attorney A. Layne Stackhouse at layne@jonesward.com.

The lawyers at Jones Ward PLC fight for the rights of people who are injured by all types of product problems, including defective automobile parts and vehicle recalls. The consequences of some of these defective car parts can be deadly for consumers. But there's another safety problem out there that is probably even deadlier: texting while driving.

The hazards of distracted driving are reaching epidemic proportions on America's roadways. Nearly one in five people who die in motor vehicle accidents are the victims of some form of distracted driving.

You can learn more about the perils of texting and drivers at this excellent Web site sponsored by the U.S. Department of Transportation. Here are some numbers from the site to keep in mind:

• In 2011, 3,331 people were killed in crashes involving a distracted driver, compared to 3,267 in 2010.
• An additional 387,000 people were injured in motor vehicle crashes involving a distracted driver, compared to 416,000 injured in 2010.
• In the month of June 2011, more than 196 billion text messages were sent or received in the US, up nearly 50% from June 2009.
• Drivers who use hand-held devices are 4 times more likely to get into crashes serious enough to injure themselves.

As a lawyer who represents people who are injured due to the negligence of distracted drivers, I know first-hand the terrible impact that texting can have on drivers and their families. If you or a loved one are injured due to the negligence of a distracted driver, contact me -- Alex Davis -- for a free case evaluation, or send an email to alex@jonesward.com.

Complaints have skyrocketed after owners of Chevy Cruze sedans began noticing a peculiar smell in the occupants' cabin and film on the windows anytime they ran the heat in their cars. The Cruze, GM's top selling car in 2011, suffers from a defect that allows antifreeze to leak. Anytime the heat in the cars is engaged, the antifreeze fumes blow into the cabin, producing a foul smell and film on the windows. Efforts by drivers to get GM to fix the problem have thus far failed.

GM is certainly aware of the leaking antifreeze, yet has not recalled the cars and has not found a way to correct the defect. Despite these vehicles being nearly brand-new, some Chevrolet dealers have offered a minimal credit to Cruze owners towards the purchase of another new Chevrolet vehicle. Chevy's parent company, General Motors, recognizes the obvious loss of value suffered by Cruze owners due to this defective condition.

The lawyers at Jones Ward PLC are actively investigating class action claims against General Motors related to the antifreeze leaks in the Chevy Cruze.

For more information, contact attorney David G. Bryant at david@jonesward.com

A manufacturer of prescription drugs in New Jersey is being voluntarily recalling certain lots of its products after mold was found in bags of ingredients used to make antibiotics and pain relievers.

The U.S. Food and Drug Administration informed doctors and hospitals that the New Jersey-based compounder, Med Prep Consulting Inc., shut down all production and shipping of its products, due to the mold problems. The drugs were packaged in infusion bags, plastic syringes and glass vials.

News media reported this week that the problem surfaced after hospital staff in Connecticut found particles floating in an intravenous medicine. A spokeswoman for the FDA, commenting on the situation, said that "giving a patient a contaminated injectable drug could result in a life-threatening infection."

This is just the latest in a string of problems with contaminated drugs, including recent problems at the New England Compounding Center, and last fall's drug recall by Ranbaxy after glass particles were found in its version of generic Lipitor.

If you or a loved one have been injured by a defective or recalled product, contact Attorney Alex Davis or send him an email at alex@jonesward.com for a free case evaluation.

Next Thursday, March 21, a panel of federal judges, the Judicial Panel on Multidistrict Litigation, meets in San Diego to hear arguments on whether to consolidate Mirena cases into a multidistrict litigation (MDL).

An MDL is similar to a class action in that the cases will be consolidated for pretrial purposes. However, if the cases go to trial, they will likely be tried individually.

If the panel agrees to consolidate Mirena lawsuits, it will also decide where to consolidate them. If they are consolidated, they will be under one federal judge in one federal court. We have been blogging extensively on the status of the litigation. Bayer, the manufacturer of Mirena, is opposing the consolidation, arguing that the cases are too diverse and that consolidating them will lead to the filing of "marginal" cases.

Many of the cases involve women who have been injured by Bayer's Mirena IUD (intrauterine device) when the IUD has migrated from its intended position in the uterus and perforated the uterus, cervix, or other organs within the abdominal cavity. For some women, this migration took place years after Mirena was inserted.

Bayer's label fails to warn that the IUD may spontaneously move or migrate from its position in the uterus. When it does, it often leads to perforation, which can be a severe and even life-threatening complication. Typically, when migration occurs, the IUD must be surgically removed, which also increases the risk of complications.

The hearing will be held March 21 in San Diego, California. The dangerous medical device attorneys at Jones Ward will be in attendance.

The defective medical devices lawyers at JONES WARD PLC are currently evaluating Mirena cases, involving a variety of injuries. For more information, contact attorney A. Layne Stackhouse at layne@jonesward.com.