Dangerous Product Update: GM Faces Tough Questions Over Its Small Car Ignition Defect

Dubbed a “major embarrassment” to General Motors by The New York Times, Mary T. Barra, GM’s new chief executive, apologized for the tardy recall in February of Chevy Cobalt and Pontiac G5 vehicles due to faulty ignition switches. Several other models, including Saturn Ion and Saturn Sky, are involved in the recall. An apology provides little solace to the families of more than 300 persons who have died in these vehicles when the air bags failed to deploy. GM initially reported that 12 deaths might be linked to the faulty switch that can move from “run” to “off” while the vehicle is in motion. A bump of a key ring, a heavy key ring, or a rough road can jostle the ignition switch out of “run” position, which causes a sudden loss of power where the driver loses function of power steering and the airbags are disabled.

 As early as 2004, GM knew it had a problem with the Cobalt. In 2005, a 16 year old girl was fatally injured in a Cobalt where the airbags did not deploy when the car crashed into a tree. This was apparently the first death related to the defect, and GM knew about it. Not only was GM aware of deaths related to this defect, NHTSA, the federal safety regulators who are supposed to protect the consumer, is also culpable. NHTSA investigators took a close look at the cause of at least two Cobalt crashes that raised the possibility of defect, but failed to open a broader investigation. The deadly defect was swept under the carpet while lives continued to be lost in fatal car crashes.

 It was not until 2013, nearly 10 years after its first awareness of the defect, that GM hired an outside engineering firm which pointed to the ignition problem cited in a service bulletin sent to dealers in 2005. Unable to muster a vigorous defense, GM offered a second apology. Too little too late.

Lawsuits Against Testosterone Manufacturers

You’ve seen the ads ––take a testosterone supplement to feel younger, more vibrant, and stronger.  It’s a compelling message for men. Unfortunately, it may also be a deadly one.  The Journal of the American Medical Association conducted a study of more than 8,000 men and found that men who used testosterone supplements were 29% more likely to suffer a heart attack or stroke within three years of taking the supplement.

Another study showed that men over the age of 65 had a double risk of a heart attack within 90 days of starting testosterone therapy.

In January of this year, the U.S. Food and Drug Administration issued an alert stating that it was investigating the risk of stroke, heart attack, and death in men taking testosterone products.

Just how dangerous can testosterone be?   In 2010, the New England Journal of Medicine reported that a clinical study found a higher rate of adverse cardiovascular events in older men resulting in the study being brought to a halt by the study’s Data and Monitoring Board

None of the testosterone products came with any kind of a warning to the patients or even to their prescribing doctors.  Those who have suffered adverse effects from testosterone are eligible to file claims of a defective product, breach of warranty, negligence, and misprepresentation.

Here at SGB we are dedicated to victims of dangerous products.  We are based in Seattle, but our work covers all of Washington State.  Our team of litigation attorneys is ready to assist you.   If you or someone in  your family has suffered a heart attack or stroke sometime after having taken testosterone, we welcome your inquiry - we would be happy to provide a prompt and confidential evualtion of your case.

Flight MH370: Lawsuits Against Boeing and Malaysian Air

Our hearts go out to the families who have endured this tortuous process and who are left to wonder why this tragedy happened. As the world waits with baited breath to learn what happened to Malaysian Airlines Flight MH370, a period of grieving will be followed up with some likely legal action. Boeing is a legal target here and the small handful of U.S. citizens aboard the flight provide a nexus to legal action against Boeing in the U.S.  This becomes a legal chess game concerning jurisdiction. Boeing will surely maneuver in the chess match. One such approach would be to quickly settle with the families of these U.S. citizens. Doing so breaks the nexus and provides Boeing with a means to eliminate non-U.S. citizens legal actions in the U.S.

There will come a time when the families will wish to take action with the assistance of a law firm that is adept at products liability, mass torts, and aviation issues. With Boeing here in Washington, it's likely that the plaintiffs and defendants will seek law firms based out of Seattle.

We don't know what happened with that flight. At least not yet. But we know it should not have happened, that's for sure.  Here at SGB, we handle product liability legal matters in Washington. We know that for the families involved the pain must be overwhelming.  We pray for them to have the strength to get though this time of despair.

Dangerous Product Update: GM Auto Recall

According to Reuters, the United States Senate panel has scheduled a hearing for April 2 into how “General Motors Co. and federal regulators addressed concerns about malfunctioning GM ignition switches over the past decade, with vehicle recalls finally announced last month.”  The House will also hold hearings.   Last month, GM recalled 1.6 million cars due to concerns that the ignition switches could shut off the engine and make airbags inoperable.  The congressional panels are expected to ask exactly why GM waited 13 years to do something, since GM knew about these problems since 2001.

Dangerous Product Alert: Defective Medical Device Recalls Nearly Doubled in the Last Decade

Just when you think that the inexorable march of progress will make us safer, you learn that medical device manufacturers have recalled almost twice as many defective products than they did ten years ago.  According to The Wall Street Journal the total number of recalls jumped from 604 in 2003 to 1,190 in 2012. The vast majority of these recalls were considered “Class II” recalls, which are serious concerns.  The FDA defines a Class II recall as a “situation in which use of, or exposure to, a violative product may cause temporary or medically reversible adverse health consequences or where the probability of serious adverse health consequences is remote.”

On the one hand, the increase of recalls may suggest that the FDA and the industry are now quicker to recall a product.  On the other hand,  the medical device industry is expected to reach $434.4 billion by 2017.  They make money when they sell their products. The increase in recalls may suggest an additional push to get products on the market—and into human guinea pigs—before adequate testing, with the notion that they can simply recall the product later if it proves unsafe. If that is the case, then the needs of the public will be best served with a robust combination of FDA oversight and a strong civil justice system to ensure that the manufactures who break the safety rules are held accountable, and victims of defective products are fairly and fully compensated.