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    Tuesday
    Sep142010

    Interesting Fact About Paxil Birth Defect Lawsuits

    There have been quite a few lawsuits over birth defects in children whose mothers took Paxil during pregnancy.  The birth defects have been quite severe, including such rare heart problems as Tricuspid Valve Stenosis.

    What's interesting is that Paxil only came on the market in 1992.  That was exactly 18 years ago.  In most (if not all) states, if a minor is injured, his or her statute of limitations doesn't start to run until the age of majority.  That means that all or almost all children who were injured because their mother took Paxil are eligible to file a lawsuit. 

    That's extremely rare for drugs that have been on the market for more than a few years.  Take Reglan, for example.  That drug has been on the market for decades, and because of that, there are tons of people who were injured by it who can't sue because the typical two-year statute of limitation is blown.

    I'm hearing rumors that many (if not most) of the original Paxil birth defect lawsuits have settled, and now Paxil lawyers are gearing up for another round of litigation.  At least there won't be any statute of limitations problems.

    Friday
    Sep102010

    Biller gets cleared to use Toyota documents

    It's no exaggeration to say that the entire product liability bar is dying to know what is in the Biller documents: 

    An arbitrator has ruled that a former Toyota Motor Corp. attorney can use internal company documents to press his claim that he was hired to "plan and carry out discovery fraud" on behalf of the company.


    The ruling, which comes over objections from the automaker that the documents were privileged, did not determine whether Toyota committed such fraud. Instead, the decision found that former Toyota attorney Dimitrios Biller could use internal e-mails, test reports, memos and other documents as evidence in the case.

    Source: Toyota ruling: Arbitrator says ex-Toyota attorney can use internal company documents in conspiracy case - chicagotribune.com

    If what Biller claims is true - that Toyota commited discovery fraud to win cases - the fallout will be enormous.  For one thing, all of the cases Toyota won might be reopened.  The sanctions could run into the many millions of dollars.  Attorneys could be disbarred.  I hope these documents see the light of day so we can all decide for ourselves just how damning they really are.

    Sunday
    Aug152010

    Dehumidifiers Recalled Due To Fire Hazard

    98,00 dehumidifiers were recalled due to the risk of fire:

    The company has received four reports of fires involving dehumidifiers, including Goldstar model No. GHD30Y7, which were sold at Home Depot outlets, model No. DH305Y7, sold at Walmart stores, and Comfort-Aire BHD-301-C dehumidifiers, sold at Heat Controller Inc.

    Source: LG Electronics dehumidifiers recalled - UPI.com

    I can't tell if we're dealing with a design defect or a manufacturing defect.  That determination is of course a big factor in the cost of bringing a lawsuit against the manufacturer.

    Saturday
    Aug072010

    Product liability lawsuit alleges that Crown Victoria is defectively designed

    My understanding is that one of the reasons Ford is killing the Crown Vic is because of the placement of the gas tank.  I was told that by a mechanic who works on a lot of fleet Crown Vics, so please don't take that as gospel. 

    The widow of a Florida Highway Patrol trooper from Miramar who died in a fiery crash on Florida's Turnpike is suing Ford Motor Co. and others for damages.

    Patrick Ambroise, 35, died when his parked Ford Crown Victoria cruiser was rear-ended and burst into flames on May 15.

    According to the lawsuit, Ford negligently sells poorly designed vehicles with improperly placed gas tanks that are prone to rupture and explode in rear-end collisions.

    Source: Widow of Florida Highway Patrol trooper suing Ford - Broward - MiamiHerald.com

    I used to own a Crown Vic, and it was one of the most comfortable cars I've ever driven.  Mine was an ex undercover-police car, and it had warnings all over the trunk about drilling into the gas tank.

    I've often wondered why car manufacturers don't just replace gas tanks with NASCAR-style fuel cells, since they practically eliminate the risk of fire.

    Tuesday
    Jul272010

    Motorola Workers Allege That Chemicals Caused Birth Defects

    A lawsuit filed in Cook County, Illinois alleges that Motorola knowingly exposed workers to dangerous chemicals, and as a result of those exposures, the workers' children had birth defects:

    According to the lawsuit, their collective employment period stretches between 1965 and 2007. The filing enumerates a variety of physical disabilities and developmental problems suffered by the employees’ children, including cerebral palsy, autism, blindness, spina bifida, language delays and epilepsy.

    Source: Ex-workers sue Motorola over kids’ birth defects | Chicago Breaking Business 

    Birth defect lawsuits can be very difficult to win.  Just ask the Daubert family.