South Carolina Lawyer Blog

Families have probably heard a lot this year about recalls of defective toys with unsafe lead paint. But as the holidays approach, people buying “toys” for older loved ones should watch out for product defects too. The latest case in point, reported by The State on Nov. 29, is a recall of defective Performax and Wilton brand motorized miter saws whose safety switches can fail, causing the saw to keep running until it’s unplugged and putting users at risk of serious cuts. The defect can also cause electrical problems, which in turn causes it to smoke, spark and trip circuit breakers, and could cause the safety brake to fail.

A miter saw is a rotating blade that the user brings down against an object on a built-in platform to make a short, precise cut. It’s widely used in woodworking, especially for home builders. It cuts very fast and very deeply; it can sever an adult man’s fingers in an instant. Safety switches are there to prevent this type of serious accident, but when they fail, they fail to protect the consumers who trust them. In this case, failure can also cause electrical problems that could lead to a fire, or at least to an expensive and time-consuming work stoppage.

If you’ve already bought one of these defective miter saws, you’re eligible for a refund or replacement; the Consumer Products Safety Commission can help you find out more. But a recall after the fact can’t help South Carolinians who have already suffered a serious injury from the defective saws or other defective consumer products. The only way for people with significant personal physical, financial or emotional losses to ask for justice may be a South Carolina product defects lawsuit. If you’ve been injured by a defective product, call the Louthian Law Firm to learn more about your rights and get a free evaluation of your case.

As medical malpractice and birth injury attorneys, we’re interested in major developments in medical malpractice law. Recently, we ran across two major cases (in a legal publication that we can’t link to, unfortunately) that were serious enough to share.

One is a case of birth injuries to a child in New York City who was left with brain injuries, seizures, spastic quadriplegia, cerebral palsy and profound mental retardation after doctors allegedly made serious mistakes during his delivery. After fetal monitoring showed problems, doctors ordered a caesarian section. The attending pediatrician did not show up, and was replaced by an intern who had been out of school for only one month. This intern, the baby’s family contended, failed to recognize signs showing the baby had breathed in amniotic fluid and wastes, a condition called meconium aspiration that deprived his brain of vital oxygen. In fact, said the plaintiff, the intern may have even driven the fluids deeper into the child’s lungs by applying pressure incorrectly.

The baby was not treated for meconium aspiration until the following day, said the plaintiffs, and may have died if he had not been transferred to another hospital. He was treated in the neonatal ICU for two months, said the lawsuit, and will require daily care for the rest of his life. The case was settled out of court for $3 million, which must cover the family’s past and current medical bills as well as provide a future income for this gravely disadvantaged child.

The second case involves a 55-year-old Philadelphia man whose doctor failed to diagnose a dislocated right shoulder. This was an especially big problem because the man had lost the use of his left arm to a stroke. The man had been in a car accident; an orthopedic surgeon and a radiologist failed to recognize the injury from x-rays. After pain medication and physical therapy didn’t help, the patient found another orthopedic surgeon, who ordered more x-rays and found the dislocation. As a result of the delay in treatment, the patient needed surgery and was left with a limited range of motion in his right arm -- the only arm that still worked. Because of this disability, he now needs help with everyday tasks like getting dressed; his son and daughter had to move in to help. Despite an out-of-court settlement by the radiologist, the plaintiff was awarded $875,000 by a jury.

Continue reading "Medical Negligence Gives Patients Profound Physical and Mental Problems" »

On the day before Thanksgiving, Graco Children’s Products quietly recalled more than 300,000 infant car seats because they may pose a choking hazard. The backing of the seats can peel away from the seams, exposing filling underneath that could choke a curious baby. The recall affects Graco SnugRide stand-alone (non-travel) seats sold between August 2006 and mid-November 2007. Parents who think they may already have bought such a seat can visit the Graco Web site for more information on the recall.

The news may have been especially disheartening for parents who remember the February 2007 car seat report by Consumer Reports magazine, which found serious problems with many major-brand infant car seats. The magazine was forced to retract part of its report after discovering problems with its calculations, but stood by its request for a recall of at least two seats. One of the seats that didn’t fail safety tests was the Graco SnugRide -- the focus of the current recall. With this seat now under suspicion, parents of small children could be forgiven for wondering whether they can trust any major brand of child car seat.

Unsafe products for babies are especially bad news because babies can’t make their own consumer decisions. Parents charged with keeping fragile infants safe should be able to trust manufacturers to sell safe products that are free of defects and protect their children from auto accident injuries. If manufacturers betray that trust, parents can and should hold them legally responsible for the results with a South Carolina unsafe products lawsuit. If you’re considering a lawsuit over the injuries or wrongful death of your child, call the Louthian Law Firm today for a free case evaluation.

Owners of rollover-prone Ford Explorers scored a major victory Nov. 28 when Ford Motor Co. agreed to settle a class-action lawsuit brought by consumers. About a million people in Texas, Illinois, Connecticut and California had alleged that their SUVs were prone to roll over, which hurt their value because of the actual or perceived danger. They sued Ford for false advertising, claiming the company knew Explorers had an unsafe tendency to roll over when they advertised them as safe family vehicles.

The settlement allows owners of the millions of suspect Explorers, which are model years 1991 to 2001, to apply for a $500 voucher for a new Explorer, or a $300 voucher toward another Ford or Lincoln Mercury product. Ford must also disclose the Explorer’s safety problems and limit its claims that the vehicle is safe. The settlement resolves all of the false advertising litigation aimed at Ford Explorers and their original defective Bridgestone/Firestone tires. However, many other claims have been filed by people who’ve been seriously injured or lost a loved one in an actual Ford Explorer rollover accident. Those lawsuits continue.

In both types of claim, the trouble stems from design defects in the SUVs and in their tires. By now, it’s well known that some SUVs, including the Ford Explorer, are unreasonably likely to tip over because of their high centers of gravity. That problem was compounded by the Explorer’s using Bridgestone/Firestone tires, which were likely to fall apart in a way that experts call tire tread separation. The tire’s first layer of rubber literally peels off in a tire tread separation, exposing the steel belting underneath. Sudden separations can cause tire blowouts or loss of driver control -- quickly leading to a deadly accident, especially when the blowout happens at high speeds. This combination of defective tires and defective vehicle affected millions of vehicles throughout the 1990s, causing at least 250 deaths and hundreds more injuries, according to the Associated Press.

SUVs are often marketed as safe, family-friendly vehicles, but the statistics show that they’re actually much more likely to roll over than other passenger vehicles. Research from the federal Department of Transportation shows that SUVs were involved in about 13% of all fatal crashes in 2005, whereas cars were involved in 42%. But when you look at those number for fatal rollover accidents only, SUV involvement jumps to 35.4%, while cars drop down to 16.4%. Rollover accidents are so deadly because they throw occupants violently around the inside of the SUV, significantly raising the chances of brain or spinal injuries, contact with jagged metal or glass or being thrown from the vehicle.

Buried in this story is an important fact: Ford knew its vehicles were unsafe long before it took any action to protect its customers. Unfortunately, this is a trend that is repeated throughout the auto industry, which often decides it’s cheaper to settle a few lawsuits than initiate a life-saving recall. If you’re a victim of these unsafe, unethical business practices, you have rights. Call The Louthian Law Firm today to discuss an auto accident lawsuit or product defects claim.

Just in time for winter weather comes a recall of wall-mounted heating and cooling units from Carrier, Inc. The company’s wall-mounted heating and cooling units (known as PTAC/PTHPs) are being recalled because the insulation inside them can break, sparking fires and causing toxic smoke. Several specific model numbers sold between January 2002 and December 2006 were recalled Nov. 6; if you think you might have one, you can visit the manufacturer’s recall Web site to arrange a repair.

At least five fires caused by these defects had been reported as of November. Thus far, the fires have all been confined inside the heating units themselves, but they create toxic smoke that can be blown out into the room for occupants to breathe. Because most of these units are used in motels and other enclosed areas where occupants may not attract much attention from passers-by, that smoke could have catastrophic consequences. If the smoke starts while the occupants of the room are asleep, it could go undetected for hours, causing serious smoke inhalation injuries or wrongful deaths.

It doesn’t feel much like winter in South Carolina right now, but we know the cold weather is coming soon, and not everyone has built-in heating. Those folks should be very careful in their choice of stand alone heating devices. Space heaters kill several innocent families every winter with fires or carbon monoxide poisoning. And a March 2007 recall of ventilators with a similar fire hazard defect reported that one fire caused more than $1 million worth of property damage. If you suspect a defective heater or air-conditioner might have caused a similar accident for you, you may have a South Carolina defective products lawsuit. The South Carolina personal injury lawyers at the Louthian Law Firm can help you protect your rights.

3 new product recalls involving a football helmet, folding chairs, and cookies were announced on November 15th, according to an Associated Press report.

Nike is recalling about 235,000 football helmet chin straps after the company received 18 reports of the straps breaking, including some that resulted in facial lacerations and concussions, a government safety group announced. The straps, which were made in China, were sold at sporting good stores in both youth and adult sizes, between April 2006 through October 2007. For full details consumers are asked to call (888)583-6453 or visit www.nikebiz.com.

75,000 plastic folding chairs, manufactured by Iceberg Enterprises, are being recalled because of their tendency to collapse. The chairs were sold by office supply retailers between August 2005 and July 2007. For full details consumers are asked to call (800)580-1310 or visit www.cpsc.gov.

Coffee Masters is recalling about 25,000 Chipper with Coffee Biscotti products because the cookies might contain undeclared protein from milk, eggs, tree nuts, peanuts, wheat and soybean ingredients. Please who have an allergy to these ingredients run the risk of serious or life-threatening allergic reactions if they consume the product. For additional information, contact Coffee Masters at (800)334-6485, ext. 110.

If you or a loved one has suffered serious physical injuries as the result of a recalled product, please contact the Louthian Law Firm immediately. Our aggressive Columbia South Carolina product recall attorneys are skilled in personal injury law and have the experience and skill to successfully represent clients in the most challenging product liability cases. Call today for a free consultation.

Merck & Co., manufacturer of the painkiller Vioxx, said Friday November 9th that it will pay $4.85 billion to end thousands of state and federal lawsuits over its painkiller Vioxx in one of the largest drug settlements ever.

Vioxx was developed to treat arthritis, but was pulled from the market on September 30, 2004 after its researchers determined that continued use of the product doubled risk of heart attacks and strokes. At the time that the medication was recalled, Merck & Co. was pulling in about $2.5 billion a year in sales of the drug. To qualify for a settlement, plaintiffs must have filed claims by a certain date and meet several criteria, including medical proof that they suffered a heart attack or stroke, that they received at least 30 Vioxx pills and that they received enough pills to support a presumption that they were ingested within two weeks before injury.

Company officials stressed that the agreement is not a class action settlement and that it is not admitting fault. They estimated the deal, if accepted, would end 45,000 to 50,000 personal injury lawsuits involving U.S. Vioxx users who suffered a heart attack or ischemic stroke, the type in which blood flow to the brain is blocked.

The agreement becomes binding only if 85 percent of the plaintiffs in key categories agree to the deal: all pending heart attack and ischemic stroke cases, all cases involving deaths and all cases alleging more than 12 months of Vioxx use. Potential claimants will have to have prior medical documentation of a heart attack or stroke, and they will not be able to later opt out of the settlement. Also, all law firms involved in the “steering committees” directing pretrial discovery and other coordination of both state and federal cases must get every one of their clients to settle.

The numbers involved in this settlement are staggering. While $4.85 Billion may seem like an astronomical number, it is interesting to note that upon announcement of the terms of the agreement, Merck & Co. stock went up 2 percent, to $55.90 – trading near their 52 week high of $58.36. The Food and Drug Administration approved Vioxx in 1999, and in the years following its release, the drug was used by over 84 million people around the world. Although studies conducted around the time that the drug was approved for distribution showed that there were hypertension related side effects associated with Vioxx, the drug was made available across the globe.

The South Carolina prescription drug lawyers at the Louthian Law Firm can help you if you or a loved one has suffered any serious side effects as the result of a taking prescription drugs. Contact us immediately to discuss your case with a dedicated legal professional. Our attorneys can begin helping you as soon as you contact us, and may be able to recover for you the monetary compensation that you deserve for your serious injuries.

The world’s largest toy manufacturer, Mattel Inc., announced on Tuesday November 6th that it was recalling more than 172,000 Fisher Price kitchen toys in the United States and Europe because several children choked and gagged on small, detachable parts.

The company has received 48 reports of small parts separating from Laugh & Learn 2-in-1 Learning Kitchen, which featured a sink, a refrigerator and a range. One child choked on a detached piece and needed the Heimlich maneuver performed to remove the part. One child started to choke, and two children had pieces in their mouth mouths and gagged from the recalled children's toy.

“Small parts choking hazards with toys is one of the most serious dangers to children in the United States,” Scott Wolfson, Consumer Product Safety Commission spokesman, said. “This should send a message to parents to take this toy away from the child immediately.”

The recall, which involves 155,000 toys sold in the United States, is the latest in the rash of toy recalls across the country. Unlike other recalls, this toy was designed improperly with too many small parts. Other recalls were the result of hazardous lead paint being used by the toymakers.

If your child has been the victim of a dangerous toy accident, he or she may have suffered serious physical injuries such as disfigurement, paralysis, head injury, bone fractures, burns, or a number of other types of serious physical trauma. These injuries may require expensive surgeries, specialists, and other accident related medical treatments. With the representation of a skilled South Carolina defective toy lawyer at the Louthian Law Firm you may be able to recover monetary compensation to help pay for your child’s injury related expenses.

The South Carolina Workers’ Compensation Commission rejected an order made by Governor Mark Sanford to begin using new uniform standards in deciding how much should be paid to injured workers with long-term disabilities.

The commission signed an order on October 25th that said that they would follow the law as written, which took into account the individual facts of each case, and not Sanford’s order to begin using uniform standards in determining the amounts awarded to the injured workers.

The commission’s order noted that lawmakers had previously rejected Sanford’s call for using the medical guidelines in workers’ compensation cases. The order, signed by all members of the commission stated that the commission “is bound by the statutory laws of South Carolina, state Constitution, Code of Judicial Conduct and commissioners’ oath of office to uphold and be faithful to these laws.”

The republican governor’s executive order to force the new standards had predictably won praise from the leaders of the businesses who are responsible for paying out the monies owed to workers with long-term disabilities. With so many different variables involved in worker’s compensation cases, using a uniform standard for deciding monies owed makes little sense.

Continue reading "Worker’s Comp Commission won’t follow Sanford order’s standard" »

More teens die each year in the U.S. from automobile crashes than any other cause, a group said Tuesday, and the national rate doubles among S.C. teens.

The South Carolina National Safety council said it wants Alive at 25, a defensive driving survival course for young drivers 16 to 24, to become available in all S.C. high schools. The program, which began at Dutch Fork High in April after three students were killed in car accidents, is available in less than a dozen schools. It is a 4.5-hour course taught by off-duty sheriff’s deputies and police officers, designed to help young drivers make better decisions behind the wheel.

Last year 315 young drivers were killed on S.C. roads, according to the safety council.

The latest in the litany of voluntary food recalls was announced on Saturday, November 3rd, when General Mills recalled nearly 5 million pizzas after an investigation by federal and state regulators found that the pepperoni topping likely caused several E.Coli related illnesses.

Totino’s and Jeno’s brand pizzas sold between mid-July and mid-October were found to cause illness in 21 people in 10 states. At least eight people were hospitalized with the foodborne illness, E.Coli, which can cause bloody diarrhea and abdominal cramps lasting a few days on average. Four of the victims have developed kidney failure, according to a Centers for Disease Control (CDC) and Prevention statement.

“Eating a Totino’s or Jeno’s brand pizza containing pepperoni was significantly associated with illness.” According to the CDC statement.

General Mills has contended that the recall is little more then a precaution. Sighting that of the 21 cases of illness, only nine people reported having eaten Totino’s or Jeno’s pizzas prior to becoming ill.

“This is a decision of considerable consequence made in the interest of public safety.” General Mills spokesman Tom Forsythe said.

Restaurants, grocery stores, farmers and food manufacturers all have a legal duty to make sure their products are safe to eat. When they fail in that duty, innocent people are sickened through no fault of their own. Items like frozen pizzas are a mainstay in family freezers across the country and a favorite among children and teenagers. The Golden Valley, Minnesota company which manufactured the pizzas has sold about 120 million frozen pizzas nationwide since July 1st. Of that number, about 60 percent included pepperoni.

If you or someone you care about has been seriously injured or killed by someone else's careless attitude toward food safety, you have the right to hold the careless party responsible in court. With almost 50 years of experience, the Louthian Law Firm can help you evaluate your case and file a lawsuit if the facts warrant one. To preserve your right to a day in court, contact one of our experienced South Carolina foodborne illness attorneys as soon as possible, at 1-866-410-5656, for a free case evaluation.

Mattel recalled 665,000 lead-contaminated children’s products and the Consumer Product Safety Commission announced recalls of 627,000 other Chinese-made toys from various manufacturers that are contaminated with lead, according to an Associated Press report.

Mattel, the nation’s largest toy maker recalled 18.6 million toys as of August 14th and Bob Eckert, Mattel’s chief executive, predicted more recalls would occur as a result of stepped-up oversight and testing.

The latest recalls included about 38,000 “Go Diego Go!” Animal Rescue boats, 97,000 children’s toy gardening tools, 80,000 football bobble head cake decorations, about 198,000 Beary Cute, Expressions and Sassy & Chic children’s metal jewelry sets, 110,000 WeGlow children’s metal jewelry sets, and 142,000 purple Halloween pails with witch decorations. All the toy products recalls were because the paints contained high levels of lead.

Lead is toxic if ingested by young children. Under current regulations, unsafe children’s products found to have more than .06 percent lead accessible to users are subject to a recall. Julie Vallese, a CPSC spokeswoman said the effects of lead are cumulative and that the biggest risk to children remains lead paint in homes.

“Parents should really keep the recalls for lead paint in perspective,” she said. “These products are being recalled because they violate the law.”

The number of recalled, South Carolina unsafe toys seems to increase on an almost daily basis. As toy manufacturers continue to place our children in danger in the interest of increased profits and decreased production costs, many children are becoming injured while doing little more than playing with their toys. If someone in your family has sustained an injury from an unsafe toy, you should speak with a South Carolina Dangerous Toy Lawyer at the Louthian Law Firm as soon as possible. We have helped injured South Carolinians seek justice through the courts since 1959.

If you commute for any substantial amount of time on South Carolina roads, you see it on a daily basis; the remnants of dangerous, sometimes deadly, automobile accidents on the shoulders of our highways. Emergency vehicles treating the injured, highway patrol officers directing traffic and clearing the roads of the wrecked automobiles. Whether the accidents involve trucks, motorcycles, or pedestrians the result of these collisions is almost always serious injury and in the worst cases, death. The National Highway Traffic Safety Administration gathers information regarding traffic accidents for all states, and makes that data available to all citizens through their webpage. The numbers are in for South Carolina, and they paint an unfortunate picture.

Over 1,000 people died on South Carolina roads in 2006 and some of the trends of those fatalities are detailed in the table below:

Alcohol Related Crashes

By far, the single factor that results in most fatal South Carolina automobile accidents is drivers that are impaired by alcohol. Of the 1,037 drivers who died in car accidents in 2006, 523 of them (50%) were considered “alcohol related” crashes. The fact that half the fatal road crashes on South Carolina highways have alcohol to blame as the cause is, for lack of a better term, sobering.

South Carolina has strict laws regarding driving after drinking alcohol and all drivers throughout the State must abide by them. In South Carolina the rights of victims of drunk driving accidents are also taken very seriously. Victims always have the right to financial and criminal legal actions after an accident. All victims of drunk driving accidents and their families should seek legal assistance to aid them in their case. A South Carolina drunk driving accident lawyer can help the family recover significant damages and help ensure that the driver does not harm anyone else.

Speeding Involved Crashes

Another factor in fatal car accidents in South Carolina is speeding. 412 (40%) of the total 1,037 auto accident fatalities in South Carolina involved speeding vehicles. This number is slightly higher then the national average of 32%. Speeding reduces the reaction time drivers need to avoid obstacles, which increases the likelihood of crashing and the severity of accidents. Statistics show that 40% of all high-speed collisions occur at curves, twice the rate of non-speeding fatalities that occur on a curve (20%). Speed also increases the distance needed to stop a vehicle and drivers in speeding autos may not be able to judge distances as well which puts other drivers and pedestrians at greater risk.

If you’ve been in an accident, it’s important to make sure that you understand your legal rights. South Carolina laws on car wrecks are complex, and the statute of limitations for filing a claim can be relatively short. You should consider speaking to the Louthian Law Firm as soon as you think you may need a South Carolina car wreck lawyer. We have protected the rights of accident victims and other injured South Carolinians since 1959, and we’re committed to providing personalized service to you while aggressively going after wrongdoers. And because we know how financially devastating an accident can be, we never charge you a dime until your case is won. For a free evaluation of your case, call us today at 1-866-410-5656.

A trio of product recalls were announced on October 25th in an Associated Press report. The recalls were for a treadmill, a ski board, and bicycle forks and were all from separate manufacturers.