Product Liability Attorney Blog

Toyota Stuck Accelerator Takes Prius Owner on Terrifying Trip

Tue, 09 Mar 2010 07:45:08 -0600

On March 8, a Toyota Prius owner experienced a frightening ride when his stuck accelerator sent his car hurdling down a California highway at 94 miles per hour, ABC News reports.

James Sikes, 61, attempted to pass a slower car when he noticed his 2008 Toyota Prius suddenly accelerated. He tried unsuccessfully to stop the acceleration and even reached down with his hand to pull the accelerator. He also checked to see if his floormat was trapped but the pedal. It wasn’t. Sikes said he was “standing on the brakes” but he could still not stop the car.

As the car continued to accelerate on its own, Sikes called 911. A highway patrolman caught up with Sikes. The officer noted that he could “smell the brakes.”

Using his public address system, the highway patrolman instructed Sikes to use both his brakes and emergency brake to slow the vehicle, getting it to slow to 55 mph. Sikes tried repeatedly to turn off the ignition. After several attempts, he was finally successful.

After the harrowing incident, Sikes told ABC News:

“I won’t drive that car again, period. Maybe they can find out what’s wrong with them now.”

Toyota has announced two sudden acceleration recalls. One for floor mat entrapment and the other for sticky pedals. The 2008 Toyota Prius is only covered by the floor mat entrapment recall.

The Toyota cars 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

The Toyota vehicles 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

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.

Developmental Delays Linked to Paxil and Pregnancy

Thu, 04 Mar 2010 04:46:47 -0600

A Danish study that appears in the March issue of Pediatrics reveals that babies of women who took antidepressants such as Paxil experienced some developmental delays, Health Day reports.

The study, which looked at data from 81,000 births in Denmark, concluded that mothers who were prescribed antidepressants in the second or third trimester were more likely to have babies who sat 16 days later, walked one month later and were less able to occupy themselves for 15 minutes at 19 months of age than the children of mothers who did take the drugs. The delays were most pronounced in boys.

The majority of the mothers who were prescribed antidepressants received serotonin reuptake inhibitors such as Prozac, Zoloft, Celexa and Paxil.

In addition to the latest news about development delays, Paxil has also been linked to birth defects.

Paxil, a GlaxoSmithKline drug, has been linked to persistent pulmonary hypertension in newborns, a rare, life-threatening condition that affects the baby’s heart and lungs.

Paxil was introduced to the U.S. market in 1992. The U.S. Food & Drug Administration gave the antidepressant a category B rating for pregnant women – meaning that animal testing failed to demonstrate a risk to the fetus. However, Glaxo never studied the safety of the drug in humans even though animal testing in 1980 raised the possibility that it could be linked to birth defects.

It wasn’t until 2005 that the FDA reclassified Paxil as a Category D drug meaning that studies in pregnant women demonstrated a fetal risk.

There are currently about 600 Paxil birth defect lawsuits nationwide pending against Paxil. In October 2009, a Philadelphia jury concluded that Glaxo negligently failed to warn a pregnant woman’s doctor about Paxil’s birth defect risks and concluded that Paxil caused her newborn’s heart defects and awarded the family $2.5 million.

If you or a loved one has experienced a Paxil birth defect, contact the attorneys of Carey Danis & Lowe. We can help. Carey Danis & Lowe is a national law firm that represents individuals injured by America’s largest corporations.

California County Sues Avandia Maker for False Advertising

Tue, 02 Mar 2010 11:34:25 -0600

Last Friday, Santa Clara County filed a false-advertising lawsuit against GlaxoSmithKline claiming it hid the heart attack risks associated with the diabetes drug Avandia, the Mercury News reports.

The suit is believed to be the first one filed by a government entity involving the controversial diabetes drug. Avandia has been linked to an estimated 60,000 – 200,000 heart attacks, strokes and cardiovascular deaths nationwide from 1999-2006.

Because Santa Clara runs its own hospital and treats indigent patients, a county lawyer asserts that its local costs associated with the drug’s side effects are higher than in many other areas.

The suit was filed in a San Jose federal court. It alleges the county spent $2 million on Avandia on behalf of indigent patients from 1999 to 2007 and that it covered the costs of treating heart patients whose conditions could have been avoided if they had not taken the drug.

This past September, the county removed Avandia from its list of recommended drugs.

Last month, a Senate committee has issued a report concluding that GlaxoSmithKline knew of the Avandia-heart attack link but hid it from the public.

If you or a loved on suffered a heart attack after taking Avandia, contact the attorneys of Carey, Danis & Lowe. We can help. Carey, Danis & Lowe is a national law firm that represents individuals injured by America’s largest corporations.

FDA’s Slow Review of Avandia-Heart Attack Data

Thu, 25 Feb 2010 08:21:00 -0600

Despite the findings of a new Senate report that underscores the link between the diabetes drug Avandia and heart attacks, the U.S. Food and Drug Administration has not moved to pull the drug off the market.

Instead, the Wall Street Journal reports, the FDA has informed doctors that it is reviewing the information and will discuss the issue at July FDA advisory committee hearing. Until then, it recommends that patients continue taking the drug made by GlaxoSmithKline.

The decision to keep Avandia on the market drew criticism from Rep. Rosa DeLauro (D-Conn). In a statement, the lawmaker who also chairs the House committee that control’s the FDA’s budget, asserted:

“I strongly urge the FDA to remove Avandia from the market until a truly independent, science-based advisory panel can evaluate the effectiveness of the drug. It is reprehensible that many people might have suffered heart attacks or heart failures as a result of taking this drug, especially if safer alternatives exist.”

The Avandia safety issue also highlights the FDA’s conflicting roles as the agency that approves drugs and is responsible for monitoring the safety. In fact, the group that is charged with post-market surveillance of drug safety reports to the division that approves new medications.

If you or a loved on suffered a heart attack after taking Avandia, 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.

Toyota Bragged About Curbing Sudden Acceleration Recall

Wed, 24 Feb 2010 18:35:36 -0600

According to the Associated Press, documents turned over to lawmakers reveal that Toyota boasted about saving over $100 million by curbing the scope of a sudden acceleration recall.

In a July 2009 internal presentation, the so-called “Toyota-Safety Group” indicated that it negotiated a floor mat recall of 55,000 Toyota Camry and Lexus ES 350 vehicle in September 2007. That maneuver saved the Japanese automaker $100 million.

The documents were provided to the House Oversight and Government Reform Committee which is examining safety issues associated with Toyota’s gas pedal and the problem of sudden unintended acceleration.

On Feb. 24, Akio Toyoda, the president of the Japanese automaker, will testify at the committee hearing. The news comes after earlier reports the Toyoda would not attend but would instead send his North American chief.

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:

In January 2010, Toyota advised the National Highway Transportation Safety Administration that approximately 2.3 million vehicles in the United States have a defect that can cause the accelerator to stick. In addition to recalling the autos, Toyota announced that it would suspend manufacture and sales of the affected models until the stuck-accelerator problem could be fixed.

The autos affected by the gas pedal recall are:

Toyota’s Safety Problems Trigger Criminal Probe

Tue, 23 Feb 2010 05:30:37 -0600

The sudden acceleration safety problems that have dogged Toyota are no longer limited to recalls and public relations. Criminal investigations are now a consideration, the Associated Press reports.

On Feb. 8, Toyota received a grand jury subpoena from the Southern District of New York. Toyota refused to comment on the contents of the subpoena and a spokeswoman with the federal prosecutor’s office declined to comment.

In addition, the Securities and Exchange Commission began looking at statements Toyota made to investors.

The criminal probes were revealed just before Toyota executives were scheduled to testify in Washington D.C. on Tuesday and Wednesday of this week. It is expected the lawmakers will be asking the company executives what knew and when they knew it.

Questions will also likely focus on a study commissioned by the automaker that discounted the possibility that electronic defects caused the sudden unintended acceleration. Some lawmakers believe the study was flawed and hastily conducted.

The Congressional committees examining the Toyota safety recall have also discovered:

• Toyota personnel reviewing consumer complaints found that sticky gas pedals and floor mat entrapment accounted for only 16 percent of the unintended sudden acceleration reports.

• Of the sudden acceleration reports contained in a Toyota customer call database, nearly 70 percent involved vehicles that are not included in the floor mat or stick gas pedal recalls.

• The National Highway Traffic Safety Administration received 2600 complaints of sudden unintended acceleration from 2000-2010.

• In March 2004, the NHTSA only conducted its only investigation into the link between sudden acceleration and the electronic throttle controls. Since then, it has rejected four petitions from owners asking for investigations.

As the hearings get underway today, lawmakers are expected to probe not only Toyota’s conduct but that of the NHTSA.

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.

Report Finds Avandia-Heart Attack Link & Cover-Ups

Sun, 21 Feb 2010 16:40:46 -0600

Thousands of heart attacks have been linked to Avandia, a diabetes drug made by GlaxoSmithKline. Now, a Senate committee has issued a report concluding that the drugmaker knew of the risks but hid them from the public.

On Feb. 20 the Senate Finance Committee issued a 334-page report titled “Staff Report on GlaxoSmithKline and the Diabetes Drug Avandia.”

Since Avandia came onto the market, it has been associated with 83,000 heart attacks. In a statement, the committee's chairman, U.S. Senator Max Baucus (D-Montana) asserted:

“Americans have a right to know there are serious health risks associated with Avandia and GlaxoSmithKline had a responsibility to tell them. Patients trust drug companies with their health and their lives and GlaxoSmithKline abused that trust.”

For the report, investigators reviewed more than 250,000 pages of documents and interviewed GlaxoSmithKline, the FDA and whistleblowers who remain anonymous.

According to the report:

• Concerns about the Avandia-heart attack link were raised as far back as 1999. If the cardiovascular risks had been taken more seriously, many heart attacks could have been averted.

• GSK executives tried to intimidate doctors who were concerned about the potential dangers, misrepresented the findings of critical studies and downplayed the benefits of competing drugs.

• In 2008, two FDA safety officials warned that a study comparing Avandia and a competitor was unethical because of the heart attack risks yet the trial is still ongoing.

The bipartisan report also faulted the U.S. Food and Drug Administration, finding it was “too cozy with drug makers.” Senator Chuck Grassley (R-Iowa), the committee's ranking Republican, stated:

“There’s a real problem when FDA’s office that reviews drugs that are on the market is an unequal player in drug safety efforts. It doesn’t make any sense to have these experts, who study drugs after they have been on the market for several years, under the thumb of the officials who approved the drug in the first place and have a natural interest in defending that decision. The Avandia case may be the most alarming example of the problem with this set-up.”

Paxil Birth Defect Litigation and Glaxo

Tue, 16 Feb 2010 15:59:04 -0600

The antidepressant Paxil was introduced in 1992 by GlaxoSmithKline. Over the past 18 years, the drugmaker has paid out nearly $1 billion to resolve lawsuits and $4 million of that amount involves claims that Paxil caused birth defects, the Health Sentinel reports.

And it is likely that number will climb as hundreds of Paxil birth defect cases ready for trial.

In October 2009, a Philadelphia jury concluded that Glaxo negligently failed to warn a pregnant woman’s doctor about Paxil’s birth defect risks and concluded that Paxil caused her newborn’s heart defects.

After the jury awarded the family $2.5 million, jurors indicated that they had taken particular note of the fact that Glaxo never studied the safety of their own drug, even though animal testing in 1980 raised the possibility.

When Paxil was originally introduced to the market, the U.S. Food & Drug Administration gave the antidepressant a category B rating for pregnant women – meaning that animal testing failed to demonstrate a risk to the fetus.

In 1995, after an FDA toxicologist raised a concern about Paxil, it was changed to a category C drug. It wasn’t until 2005 that the FDA reclassified Paxil as a Category D drug meaning that studies in pregnant women demonstrated a fetal risk.

There are currently about 600 Paxil birth defect lawsuits nationwide pending against Paxil.

Paxil has been linked to persistent pulmonary hypertension in newborns, a rare, life-threatening condition that affects the baby’s heart and lungs.The antidepressant belongs to a group of drugs known as selective serotonin reuptake inhibitors. Although the entire class of drugs has come under fire for undisclosed side effects, Paxil is believed to be the most harmful of the SSRIs.

If you or a loved one has experienced a Paxil birth defect, 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.

Glaxo Memo Suggested Burying Paxil Birth Defect Evidence

Mon, 15 Feb 2010 13:37:48 -0600

Worried that animal studies would link the antidepressant Paxil with birth defects, an executive with the drug’s maker, GlaxoSmithKline, suggested burying the evidence, Bloomberg News reports.

Written in 1997, the memo urged scientists to withhold information about the birth defect risks the drug posed to pregnant women. A company scientist had noted that rat studies of the Paxil compound in 1980 showed that young rats often died after receiving low doses of the drug. Those deaths could suggest birth defects.

A year after the memo was written, in 1998, a Glaxo internal review found an alarmingly high number of Paxil birth-defect reports. However, the information was not turned over to the U.S. Food and Drug Administration.

Three years later, a woman who was prescribed Paxil during her pregnancy wrote the company to inform them she aborted her fetus because of birth defects. An internal Glaxo report concluded that Paxil “almost certainly” cause the birth defects.

Incredibly, Glaxo still did not alert the FDA.

Paxil belongs to a group of antidepressants known as selective serotonin reuptake inhibitors. Although the entire class of drugs has come under fire for undisclosed side effects, Paxil is believed to be the most harmful of the SSRIs.

Paxil has been linked to persistent pulmonary hypertension in newborns, a rare, life-threatening condition that affects the baby’s heart and lungs.

Wrongful Death Suit Claims Prius ‘Sudden Unintended Acceleration’ Led to Crash

Mon, 15 Feb 2010 07:51:16 -0600

The widow of a man who died after the Prius they owned crashed into another car has filed a wrongful death suit against Toyota.

The suit, filed in Los Angeles federal court, alleges that sudden intended acceleration of the 2006 Prius caused the fatal accident.

The Lincoln Journal Star reports that John Donoghue, 68 and his wife, Jacquelyn, 67, were heading home late in the morning on Dec. 14. Jacquelyn was driving when the gas pedal allegedly suddenly accelerated and then crashed into another car. Although they were wearing seat belts, the husband died and the wife suffered head trauma, a fractured shoulder, a broken jaw and a collapsed lung.

The suit alleges that the collision was caused by a fault electronic throttle system. Specifically, it is alleged that the vehicle was not equipped with a brake-to-idle override.

According to the National Highway Traffic Safety Administration, at least five people have died when accelerators became trapped by floor mats. The federal agency has not confirmed any injuries or deaths connected with the sticky gas pedal problem.

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

As the Toyota Sudden Acceleration Saga Continues, Questions About Electronics Remain

Sun, 14 Feb 2010 16:54:32 -0600

Worries that an electronic flaw may be causing Toyota autos to suddenly accelerate continue even as the Japanese automaker adamantly denies any such problem, reports The Los Angeles Times.

As the article “For Toyota, the crucial question is electronics,” points out, nearly five months have passed since Toyota issued its first recall for unintended sudden acceleration. Toyota has blame floor mats that trap the accelerator and sticky gas pedals for the problem.

However, the automaker is adamant that the electronic throttle system has not caused the unwanted acceleration.

But outside automobile engineering experts indicate that as vehicles become increasingly complex and technologically sophisticated, even the most thorough testing can fail to uncover the problem.

"It can be a tremendously difficult thing to spot," said Ronald Jurgen, an electrical engineer who edits the Automotive Electronics Reliability guidebook for the Society of Automotive Engineers.
He said that code errors in programs, electromagnetic interference or design problems in circuit boards could create issues that appear only in extremely rare instances.

"And when you can't spot it, it's just as dangerous and deadly as a major mechanical problem," Jurgen added.

The experts also point out that a recall involving electronics, fixing them can be a lot more expensive than the mechanical fixes associated with floor mats and sticky pedals.

On Friday, a letter from Toyota’s attorneys to a New York lawmaker was released. In it, Toyota’s lawyers state that an outside engineering and testing firm examined the electronic throttle system and found there were no problems or hints of problems.

But that hasn’t stopped the questions. Three congressional committees are currently investigating the matter and the National Highway Traffic Safety Administration has opened an investigation to determine whether electromagnetic interference could cause sudden acceleration.

Unintended Acceleration not Limited to Recalled Toyota Models

Sat, 13 Feb 2010 13:06:35 -0600

After Toyota expanded its use of electronic throttle controls, complaints about unintended acceleration climbed more than ten-fold, Reuters reports. More than half of the complaints involved autos Toyota has not recalled.

The data was compiled by Safety Research & Strategies, a Rehoboth, Mass. consumer research group. It found that more than half of the 2,262 complaints did not involve recalled Toyota vehicles. The group also linked 26 deaths to the problem of unintended acceleration

Toyota has recalled more than 8 million Toyota, Lexus and Pontiac Vibe vehicles worldwide, blaming floor mat entrapment and sticky pedals for sudden acceleration problems.

But as the Safety Research & Strategies analysis shows, there is a growing question about whether electronic throttle systems are to blame.

In early February, the National Highway Traffic Safety Administration reported that it has found no problems with electronic throttle systems. But the federal agency, which is overwhelmed with complaints and besieged by lobbyists, lawyers, engineers and analysts employed by automakers, may have misread or ignored the complaints.

Hearings have been scheduled for later this month on Capitol Hill which will examine both the government’s response and the reasons behind the unintended acceleration. Those scheduled to testify include Transportation Secretary Ray LaHood, NHTSA Administrator David Strickland and Yoshi Inaba, Toyota’s top North American executive.

Toyota’s Prior Knowledge of Its Gas-Pedal Problem

Wed, 10 Feb 2010 14:52:20 -0600

Toyota knew about a sudden acceleration problem with its gas pedal for more than a year before informing U.S. regulators, the Wall Street Journal reports.

The article, “Toyota’s Secretive Culture Led Auto Maker Astray,” notes that the National Highway Traffic Safety Administration began receiving complaints that the Toyota Camry and Lexus ES sedan sometimes accelerated without the driver stepping on the gas pedal.

The first probe into unintended sudden acceleration was launched in 2004. The NHTSA looked at 37 complaints involving 30 accidents.

[NHTSA investigators] discussed the case several times over the next 20 days with Toyota, according to a deposition by a Toyota official filed in a Michigan lawsuit related to one of the fatal crashes. In that accident, a 2005 Camry allegedly raced out of control for a quarter-mile, and sped up to 80 miles an hour, from 25, before crashing and killing its driver.

Federal officials eventually decided to limit the investigation to brief bursts of acceleration rather than those of longer duration, reasoning that shorter incidents were more likely caused by engine surges rather than driver error.

Out of the 37 incidents, 27 were rules out because they were deemed long-duration surges. The NHTSA closed the investigation on the remaining 10 cases after concluding it could not find a pattern of safety problems.

Yet even after the investigation, federal officials continued receiving complaints. According to the WSJ Toyota auto recall timeline:

• March 29, 2007 – After receiving five complaints of pedal entrapment, the NHTSA opens an investigation into the 2007 Lexus ES350

• Sept. 13, 2007 – The NHTSA concludes floor-mat pedal entrapment caused a fatal crash. NHTSA tells Toyota a recall is needed.

• Sept. 26, 2007 – Toyota recalls all-weather floor mats.

• Sept. 25, 2009 – NHTSA tells Toyota a recall to address a defective pedal design is expected after the fatal crash of a 2009 Lexus ES350.

• Oct. 5, 2009 – Toyota issues a recall for 3.8 million vehicles for floor-mat pedal entrapment.

• Jan. 16, 2010 – Toyota informs the NHTSA that some vehicles have a defect that causes them to stick, a problem the company knew about for more than a year.

• Jan. 21, 2010 – Toyota recalls 2.3 million vehicles.

Personal Injury, Economic Loss Claims Filed Against Toyota

Mon, 08 Feb 2010 19:23:07 -0600

Personal injury suits, breach of warranty claim and loss of resale value cases are just some of the examples of growing litigation against Toyota arising out of the recent recalls, Bloomberg News reports.

In a Feb. 8 article, reporter Margaret Cronin Fisk writes that at least 12 individual suits involving personal injury or death have been filed against Toyota. In addition, approximately 34 consumer class actions cases involving lost value and breach of warranty have been filed.

In October 2009, Toyota announced it was recalling approximately 3.8 million Toyota, Lexus and Pontiac Vibe vehicles for sudden acceleration. The reason for the sudden acceleration, Toyota asserted, was because floor mats could trap the gas pedal.

Then in January 2010, Toyota announced a second sudden acceleration recall. This recall was blamed on sticky gas pedals and also involved Toyota, Lexus and Pontiac Vibe models.

But as Bloomberg News points out, some of the suits filed against Toyota are calling into question the official explanations given for the recall.

More than half of those suing the company allege a defect in the electronic control system, contending that company fixes -- replacing floor mats and adjusting sticky accelerator pedals with a shim -- don’t correct the defect.

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

Toyota’s Sudden Acceleration Problems Probed in 2007

Sat, 06 Feb 2010 11:05:19 -0600

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.