Product Liability Attorney Blog

Toyota’s Sudden Acceleration Problems Probed in 2007

2010-02-06T17:05:19Z

More than two years ago, federal investigators in the United States discovered that some Toyota vehicles accelerated unexpectedly, the Washington Post reports.

In an investigation that formally began in August 2007, the National Highway Traffic Safety Administration found that three of every 100 owners in Ohio of the Lexus ES350 reported sudden acceleration problems.

The former chief of research for traffic safety programs at the agency told the Washington Post that an unintended sudden acceleration in 1 out of 100 owners should raise a red flag.

Federal safety investigators gathered drivers’ stories of sudden acceleration and collisions. The accelerator and brake pedal were examined and exposed to magnetic fields. The exact cause of the problem was never resolved. However, Toyota and government investigators finally decided that floor mats with deep grooves were to blame, even though 24 of the 59 owners who reported problems with sudden acceleration did not own the mats.

In October 2009, Toyota announced that it was recalling approximately 3.8 million Toyota and Lexus autos because their floor mats could trap the gas pedal, causing sudden acceleration.

Then in January 2010, Toyota advised the NHTSA that approximately 2.3 million vehicles in the United States have a defect that can cause the accelerator to stick.

As the Washington Post story notes, the ever-changing reasons given for the problem have some lawmakers concerned that the root cause is unknown.

Clarence Ditlow, director of the Center for Auto Safety remarked:

“It's hard to believe that a company with the reputation for engineering excellence that Toyota enjoys doesn't know what is going on. But if they do, they haven't shared what they know.”

We will continue monitoring the investigation into the Toyota sudden-acceleration problem.

If you or someone you love has been involved in an accident involving sudden acceleration of a Toyota, Lexus or Pontiac auto, contact the sudden-acceleration recall attorneys at St. Louis-based Carey & Danis by filling out our online contact form or calling 800-721-2519 toll free.

Toyota Gas Pedal Recall: Who Knew What? And When?

2010-02-05T14:57:12Z

When Toyota announced last September floor mats were to blame for the unintended, sudden acceleration of some of its vehicles, there were those who questioned whether there could be more to the problem than carpet entrapment.

Toyota’s response to the questions, according to an MSNBC.com article: “Unwarranted speculation.”

But as the scope of the sudden acceleration problem widens – and the explanations offered seem to shift – Toyota’s credibility has taken a hit, with good reason.

Sudden Acceleration Accidents

In August 2009, a fiery high-speed crash in San Diego County killed four family members who were riding in a 2009 Lexus ES 350. The auto was a loaner car issued by a car dealer that was servicing the family's vehicle. The Lexus' driver called 911 to report that the vehicle had no brakes and the accelerator was stuck. The Lexus reached 120 mph before hitting a sport utility vehicle, launching off an embankment, rolling several times and bursting into flames.

In October 2009, Toyota announced that it was recalling approximately 3.8 million Toyota and Lexus autos because their floor mats could trap the gas pedal, causing sudden acceleration.

The vehicles affected by the floor-mat-entrapment recall are:

• 2007-2010 Toyota Camry
• 2005-2010 Toyota Avalon
• 2004-2009 Toyota Prius
• 2005-2010 Toyota Tacoma
• 2007-2010 Toyota Tundra
• 2007-2010 Lexus ES 350
• 2006-2010 Lexus IS 250
• 2006-2010 Lexus IS 350
• 2008-2010 Toyota Highlander
• 2009-2010 Toyota Corolla
• 2009-2010 Toyota Venza
• 2009-2010 Toyota Matrix
• 2009-2010 Pontiac Vibe

In January 2010, Toyota recalled approximately 2.3 million vehicles in the United States claiming a sticky gas pedal was also causing sudden acceleration. The autos affected by the gas pedal recall are:

• 2007-2008 Toyota Tundra
• 2008-2010 Toyota Sequoia
• 2005-2010 Toyota Avalon
• 2007-2010 Toyota Camry
• 2009-2010 Toyota Corolla
• 2009-2010 Toyota Matrix
• 2009-2010 Toyota RAV4
• 2010 Toyota Highlander
• 2009-2010 Pontiac Vibe

Most recently, the car maker announced it was investigating possible brake problems with its Toyota Prius Hybrid MY 2010. The NHTSA has received at least 124 reports from consumers complaining they lost the ability to brake while driving over uneven surfaces, potholes or bumps.

If you have been injured as a result of sudden acceleration in a Toyota, Lexus or Pontiac auto, or a loved one has been injured or killed, contact the attorneys at Carey & Danis. We can help. Carey & Danis is a national law firm that represents individuals injured by America's largest corporations.

Toyota Auto Recall: Sudden Acceleration the Topic of House Testimony

2010-02-03T19:04:13Z

Questions about Toyota’s sudden acceleration recall were front and center this morning as U.S. Transportation Secretary Ray LaHood testified before a House subcommittee, the Associated Press reports.

Late last month, after reports that sticking gas pedals were causing unintended, sudden acceleration, Toyota announced an auto recall of nearly 2.3 million Toyota, Lexus and Pontiac vehicles.

In October 2009, Toyota issued another auto recall citing concerns that the floor mat could cause accelerator pedals to become trapped and stick. That recall involved approximately 3.8 million Toyota, Lexus and Pontiac autos.

During his testimony this morning, LaHood confirmed that the federal government is examining Toyota’s electronic throttle control systems. Federal investigators are trying to determine whether electromagnetic interference from radar, radios and other sources was causing electronic throttles to accelerate on their own.

Toyota Vehicle Recall List

The autos affected by the gas pedal recall are:

The Toyota vehicle recall list for floor-mat-entrapment includes:

Owners are urged to bring their vehicles to dealers to have them examined.

We will continue monitoring the investigation into the Toyota sudden-acceleration problem.

Jury Awards $2.5M in Paxil Birth Defects Case

2009-11-23T15:20:03Z

Last month, a Philadelphia jury awarded $2.5 million to a woman whose son was born with severe heart defects after she had taken the antidepressant drug Paxil during pregnancy, the Associated Press reports.

Michelle David was prescribed Paxil, made by GlaxoSmithKline, during her pregnancy. Two months after her son was born, he was diagnosed with heart defects and required five months of hospitalization to repair two holes in his heart. David, who had no history of heart defects in her family, sued the drug maker for product liability.

Paxil is in a class of antidepressants known as selective serotonin reuptake inhibitors (SSRI). In September 2005, the U.S. Food and Drug Administration issued a warning that expectant mothers who took Paxil during their pregnancy increased the risk that their child could be born of birth defects.

In July 2006, the FDA updated the warning after studies showed that expectant mothers who took Paxil were six times more likely to give birth to an infant who suffered from a potentially fatal condition known as persistent pulmonary hypertension.

If you have experienced any of the side effects associated with Paxil, contact the attorneys of Carey & Danis. We can help. Carey & Danis is a national law firm that represents individuals injured by America’s largest corporations.

CCC Valuescope Accused of Rigging Appraisals

2009-11-17T21:20:48Z

Consumers pay premiums to their automobile insurers with the expectation that in the unfortunate event their vehicle is in an accident and the vehicle is deemed a total loss, they will be paid a fair and reasonable amount for their vehicle. Evidence is beginning to surface, however, that suggests that this may not always be the case.

]]> The attorneys at Carey & Danis are investigating recent allegations that CCC Valuescope Claim Services, a service offered by CCC Information Services, may be using fictitious bids from appraisers to support lower-than-market valuations for vehicles that are deemed a total loss. Specifically, there is evidence that CCC would purport to obtain valuations from independent appraisers, only to completely ignore their appraisals and ascribe their own deflated value to the vehicle. Additionally, there is reason to believe that CCC’s other appraisal practices may result in systematically depressed valuations.

Carey & Danis has extensive experience pursuing claims on behalf of consumers who have been defrauded. If you were involved in an accident and your vehicle was deemed a total loss and appraised by CCC, we would be interested to hear about your experience. If you would like to discuss your legal rights against CCC, please contact James Rosemergy toll-free at 800-721-2519 or fill out our online contact form.

Toyota floor mat recall impacts 3.8 million vehicles

2009-10-23T23:09:43Z

Late last month, Toyota announced it was recalling 3.8 million vehicles due to concerns that an all-weather floor mat could cause accelerators to stick and lead to a crash.

According to the Associated Press, the National Highway Traffic Safety Administration received reports of 102 incidents in which the accelerator may have become stuck. And in August, a high-speed crash that killed four family members was linked to the floor mat problem.

The automaker advised drivers of vehicles that may be accelerating out of control to try several maneuvers:

• If possible, remove the floor mat;

• Stomp on the brake pedal with both feet;

• Put the car into neutral;

• Turn the ignition switch to accessory power.

]]> If you or someone you love has been involved in an accident caused by unsafe floor mats, contact Carey & Danis. We can help. For more information, fill out our online contact form or call Carey & Danis toll-free at 800-721-2519.

Toyota issues a floor mat recall after fatal crash

2009-10-20T16:47:40Z

Toyota/Lexus has issued a recall that warns its floor mats could cause a car’s accelerator to stick.

The advisory was issued on September 29 – approximately one month after a fiery crash killed four family members in San Diego County.

According to the Associated Press, the family was riding in a 2009 Lexus ES 350 that had been loaned to them by a car dealer that was servicing their vehicle. The Lexus driver called 911 to report that the vehicle had no brakes and the accelerator was stuck. The Lexus reached 120 miles before it hit a sport utility vehicle, launched off an embankment, rolled several times then burst into flames.

The National Highway Traffic Safety Administration investigated the accident and concluded that a rubber all-weather mat was a few inches longer than the mat that belonged in the car.

The vehicles impacted by the recall include:

• 2005 - 2010 Toyota Avalon

• 2007 - 2010 Toyota Camry

• 2004 - 2009 Toyota Prius

• 2005 - 2010 Toyota Tacoma

• 2007 - 2010 Toyota Tundra

• 2007 - 2010 Lexus ES350

• 2006 - 2010 Lexus IS250 and IS350

Contaminants in Synthetic Gypsum may be Linked to Chinese Drywall

2009-07-02T16:40:34Z

The failure to remove sulfur and other contaminants from synthetic gypsum may be to blame for the problems associated with Chinese drywall, the Wall Street Journal reports.

Drywall, used in home construction, is a layer of gypsum sandwiched between two sheets of paper. Although most drywall is made in the United States, shortages during the last housing boom led to imports from China.

In addition, some of the drywall is made of synthetic gypsum made from a chemical process using lime or limestone and gas from coal-fired power plants. However, the smokestacks contain sulfur which must be removed from the synthetic gypsum.

Some Chinese experts in building materials believe flawed desulfurization methods were used.

Homeowners from around the United States who are living with contaminated drywall have complained of a rotten-egg smell, itchy eyes, runny noses, nosebleeds, headaches and asthma attacks. The contaminated drywall has also been linked to corroded pipes, wires and appliances.

]]> If you own a home with defective Chinese drywall, contact Carey & Danis. We can help. For more information, fill out our online contact form or call Carey & Danis toll-free at 800-721-2519.

Chinese Drywall Could Delay Housing Rebound

2009-06-22T19:21:48Z

Experts in Florida worry that the fear of buying a home containing Chinese drywall may hurt the real estate market, The Tampa Tribune reports.

Home buyers are wary of purchasing a house with Chinese drywall. Prospective buyers are being advised to add a clause in the sales contract which would allow the agreement to be cancelled if Chinese drywall is discovered before closing. Potential buyers are also urges to hire a professional inspector if the house was built between 2004 and 2007 and to watch for corroded or black electrical wiring, tarnished metal or silver and the smell of rotten eggs.

The imported drywall was primarily used between 2004 and 2007, when destruction by hurricanes and the housing boom led to a shortage of drywall. As many as 100,000 homes throughout the nation are thought to contain the drywall which emits a corrosive gas that smells like rotten eggs and corrodes wires and appliances. More than 450 complaints have been lodged with The Florida Department of Health. The majority of homes contaminated with Chinese Drywall have been found in Florida.

Common health complaints made by homeowners living with Chinese drywall include sore throats, dry eyes, nosebleeds and dizziness.

]]> If you own a home with defective Chinese drywall, contact Carey & Danis. We can help. For more information, fill out our online contact form or call Carey & Danis toll-free at 800-721-2519.

CPSC Nominee Faces Questions about Chinese Drywall

2009-06-19T17:09:53Z

This week, the nominee to head the Consumer Product Safety Commission was grilled about the problem of tainted Chinese drywall during her U.S. Senate confirmation hearing.

According to the Sarasota Herald-Tribune, nominee Inez M. Tenenbaum promised to work quickly to resolve the Chinese drywall problems. She added that, if confirmed, her first step would be to meet with scientists and set up a schedule for testing.

Some senators criticized the ‘wait-and-test’ approach. Sen. David Vitter, R-La., called the investigation’s pace “inadequate.” Sen. Mark Warner, D-Va., said victims face a “Kafkaesque tragedy.”

]]> Homeowners have been driven out of their houses by the rotten-egg smell of sulfur dioxide. The sulfur dioxide can be toxic and has been blamed for corroding wires and pipes leading to the ruin of appliances and household systems such as air conditioners. The Consumer Product Safety Commission indicates that the problems seem to be concentrated in homes built in 2006 and 2007.

If you own a home with defective Chinese drywall, contact Carey & Danis. We can help. For more information, fill out our online contact form or call Carey & Danis toll-free at 800-721-2519.

Raptiva Pulled from Canadian Market

2009-06-18T21:07:09Z

Raptiva, a drug used to treat psoriasis, has been pulled from the market in Canada because of its link to a fatal brain infection, The Canadian Press reports.

Canadian health officials suspended marketing of the Raptiva in February. On June 17, Health Canada pulled the drug from the market due to safety concerns.

Raptiva was authorized for use in adult patients with moderate to severe psoriasis, a chronic disease of the immune system that often appears on the skin. Raptiva suppressed T cells in the immune system. Because the immune system is compromised, patients were at risk for infectious diseases.

In February 2009, the US Food and Drug Administration warned that Raptiva was linked to three fatal cases of progressive multifocal leukoencephalitis (PML), a deadly type of brain infection. Four months before the announcement, the FDA required Raptiva’s manufacturer to include a black boxed warning.

In April, Genentech, the San Francisco-based maker of Raptiva, announced the drug was being withdrawn from the global market.

]]> If you or a loved one has suffered a serious complication after taking Raptiva, contact the attorneys of Carey & Danis. We can help. Carey & Danis is a national law firm that represents individuals injured by America's largest corporations.

Chinese Drywall Stench Detected by Construction Workers

2009-06-05T17:12:36Z

Construction workers hanging Chinese drywall complained of the off-putting stench to home developers, according to a Broward-Palm Beach New Times online report.

According to journalist Eric Barton, some construction workers refused to work with the Chinese drywall, afraid that the smell meant the material was rotten. Barton also writes that some contractors told workers to paint the drywall quickly in order to mask the smell.

Homeowners have been driven out of their houses by the rotten-egg smell of sulfur dioxide. The sulfur dioxide can be toxic and has been blamed for corroding wires and pipes leading to the ruin of appliances and household systems such as air conditioners. The Consumer Product Safety Commission indicates that the problems seem to be concentrated in homes built in 2006 and 2007.

]]> If you own a home with defective Chinese drywall, contact Carey & Danis. We can help. For more information, fill out our online contact form or call Carey & Danis toll-free at 800-721-2519.

Seniors Taking Cipro Risk Tendon Tears

2009-06-01T19:40:02Z

Patients over the age of 65 who are taking Cipro are at risk for tendon tears, the U.S. Food and Drug Administration has warned.

Ciproflaxin is a powerful antibiotic that is used to treat bacterial infections of the bladder, kidney, prostate gland, cervix, stomach, intestine, lung, sinus, bone, and skin and as a preventive measure after exposure to anthrax. Made by Bayer AG, it is sold under a variety of names including Cipro, Ciproxin, Ciprobay, and Cipro XR.

On July 8, 2008, the FDA added a black box label warning to Cipro in order alert patients of possible tendon ruptures and tendinitis.

According to the warning, “the risk of tendon effects is higher if you are over 65 years of age, and especially if you are taking corticosteroids.”

Anyone who has been given ciprofloxacin and experiences pain, swelling or inflammation in the area of a tendon should stop taking the drug and contact his or her physician. Patients who experience a snapping or popping sensation in the area of a tendon, note bruising right after an injury in the area of a tendon or are unable to move or bear weight after taking the drug should also contact a doctor immediately.

]]> If you or a loved one has suffered a serious complication after taking ciprofloxacin, contact the attorneys of Carey & Danis. We can help. Carey & Danis is a national law firm that represents individuals injured by America's largest corporations.

Tendon Troubles Lead to Levaquin Lawsuits

2009-06-01T17:13:57Z

Three patients who were prescribed Levaquin recently filed suit against the maker of the antibiotic in a New Jersey state court, The Wall Street Journal reports.

The lawsuits claim that Johnson & Johnson and its Ortho McNeil unit touted Levaquin as a safe treatment for bacterial infections even though the companies allegedly knew that it could cause severe tendon ruptures and tendonitis.

On July 8, 2008, the FDA issued an alert requiring Ortho to add a black-box warning to Levaquin’s label. The warning advises patients that Levaquin increases their risk of tendinitis—inflammation or irritation of a tendon, one of the thick fibrous cords that connect muscle to bone. Some patients who have taken Levaquin have reported the rupture of tendons in the shoulder, hand and heel.

The risk of tendinitis and tendon rupture is increased in patients older than 60; in kidney, heart, and lung transplant recipients; and in patients given Levaquin in conjunction with steroid therapy.

If you or a loved one has suffered a serious complication after taking Levaquin, contact the attorneys of Carey & Danis. We can help. Carey & Danis is a national law firm that represents individuals injured by America’s largest corporations.

Heartburn Drug Reglan Linked to Spasms, Tics

2009-04-14T16:25:09Z

On April 8, 2009, Genentech, the manufacturer of the psoriasis drug Raptiva (efalizumab), announced that it had begun a withdrawal of Raptiva from the U.S. market because of its link to patients developing progressive multifocal leukoencephalopathy (PML), a neurologic disease caused by a virus that affects the central nervous system. PML is associated with long-term Raptiva use and generally occurs in people whose immune systems have been severely weakened. It often leads to an irreversible decline in neurologic function and death. There is no known effective treatment for PML.