South Carolina Lawyer Blog

Toyota has recalled 3.8 million cars, the biggest car recall in their history, for a construction flaw where the floor mat can become lodged under the accelerator pedal, making it impossible to stop the moving vehicle.

Vehicles involved in the recall:

Toyota Camry: 2007 – 2010
Toyota Prius: 2004 – 2009
Toyota Avalon: 2005 – 2010
Toyota Tundra: 2007 – 2010
Lexus ES 350: 2007 – 2010
Lexus IS 250: 2006 – 2010
Lexus IS 350: 2006 – 2010

Toyota spokesmen maintain that when the rubber all weather floor mat, which can be standard or optional depending on the vehicle, becomes wedged on top of the gas pedal it causes the acceleration. National Highway Traffic Safety Administraton (NHTSA) announced that Toyota will also install a brake override system on the involved Camry, Avalon and Lexus ES 350, IS 350 and IS 250 models as an “extra measure of confidence.” The brake override system would ensure the vehicle would stop if both the brake and the accelerator pedals are simultaneously applied.

Some experts disagree with Toyota and believe that the problem is caused by a defective engine throttle control system. In fact, some sudden acceleration cases have been reported when the floor mats were not in place.

Models including the engine throttle control system include:
2000 Toyota Avalon, Toyota Sienna
2001 Lexus RX300, Toyota Avalon, Toyota Highlander, Toyota Sienna
2002 Lexus ES300, Lexus RX300, Toyota Avalon, Toyota Camry, Toyota Sienna, Toyota Highlander, Toyota Solara
2003 Lexus ES300, Lexus RX300, Toyota Avalon, Toyota Camry, Toyota Highlander, Toyota Sienna, Toyota Solara
2004 Toyota Avalon, Toyota Camry, Toyota Solara
2005 Toyota Camry, Toyota Highlander, Toyota RAV4, Toyota Solara
2006 Toyota Camry, Toyota Higlander, Toyota RAV4, Toyota Solara
2007 Toyota Camry, Toyota Highlander, Toyota RAV4, Toyota Solara
2008 Toyota Camry, Toyota RAV4, Toyota Solara,
2009 Toyota Camry, Toyota Corolla, and Toyota Matrix

There have been at least 1,000 incidents of sudden acceleration in Toyota vehicles reported to the NHTSA in the last 8 years. There have been at least 19 deaths and numerous injuries since the 2002 model year.

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The $300 million awarded to an ex-smoker who needs a lung transplant would be the nation's largest award to an individual suing a tobacco company, if the award survives appeal, reports the New York Times.

The award could also encourage thousands of other smokers to file suit in Florida since a supreme court ruling a few years ago made it easier to pursue the suits there than in other states. In 2006, Florida had a legal ruling which lowered the plaintiff's burden of proof against a tobacco company.

The 61-year-old woman was awarded $56 million in compensatory damages and $244 million in punitive damages. She started smoking when she was 20-years-old and quit when she was 45. She now has severe emphysema and needs a lung transplant which she is unable afford.

The jury found the woman 10% responsible for her smoking and her disease and Philip Morris 90% responsible.

If you or someone you care about has been injured by a consumer product, you should speak with the experienced product injury attorneys at Louthian Law Firm as soon as possible. For a free consultation, call us at 1-866-410-5656 or fill out our confidential online case evaluation form.

Tobacco Lawsuit

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The Gadsden (Alabama) Times reported that an Etowah County Circuit Court jury has awarded $8.5 million to a woman injured in a 2003 Mercury Mountaineer rollover.

Two people were killed in the accident and two were injured, including Latoya Duckett. Ms. Duckett filed a product liability lawsuit against Ford Motor Company alleging the vehicle was unstable and rolled over too easily.

As a result of the accident, Ms. Duckett's right leg had to be amputated just below the knee and her left arm is paralyzed and suffered brain injury, the paper reported in October.

The case against Ford Motor Company in the deaths of the father and daughter was settled for an undisclosed amount several years ago.

No punitive damages were awarded, but the $8.5 million in compensatory damages was the largest in the county's history, the paper reported.

If you have been in an accident, it’s important to make sure you understand your legal rights. You may be able to recover money for medical bills, lost wages, funeral costs, as well as compensation for wrongful death or permanent disability. Contact the experienced car accident attorneys at the Louthian Law Firm for a free evaluation of your case at 1-866-410-5656 or fill out our confidential online contact form.

Ford Rollover Accident

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According to an exclusive CBS News investigation, there have been 59 deaths and hundreds of injuries linked to Yamaha's off-road vehicle, the Rhino.

CBS reports that before the Rhino was available for sale, it was tested on trails in Kentucky in July 2002. During those tests, Keisuke "Casey" Yoshida, president of a U.S. subsidiary of Yamaha Motor Co, Ltd. drove a Rhino prototype with a company vice president in charge of Rhino development sitting in the passenger seat. After coming down a hill onto flat ground the Rhino tipped over, injuring the passenger's foot. CBS News reports after that incident, Yoshida stated, "Casey wants update on instability of vehicle for future liability cases."

The Rhino was introduced 15 months later in the fall of 2003 and more than 150,000 were sold. The once popular vehicle is now the subject of many lawsuits because of injuries and deaths linked to its instability. There are more than 400 wrongful death and personal injury lawsuits pending and Yamaha has settled other cases.

Complaints about the Rhino include its narrow stance, high ground clearance, and lack of a rear differential to help in turning. On March 31, 2009, under pressure from the U.S. Consumer Protection Agency, Yamaha announced a free repair program to improve the Rhino's handling and instability.

The Consumer Protection Agency continues to investigate the Rhino, according to the chairman of the agency.

The South Carolina vehicle injury attorneys of the Louthian Law Firm can help you today if you have been injured in an accident involving a Yamaha Rhino ATV. We have proudly represented the rights of accident victims in South Carolina since 1959. We understand the pain and the financial hardships that families go through when dealing with a serious accident and because of this we never charge our clients until the case is won. Please contact us today at 1-866-410-5656 for a free consultation or fill out our confidential online case evaluation form.

CBS Rhino Investigation

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A Lexington, KY hairdresser who became paraplegic after a routine heart surgery has been awarded $9.89 million in the largest medical malpractice verdict ever in Fayette County.

The plaintiff had valve surgery in April 2006. The surgery took less than an hour and was successful, but medical experts testified that the surgeon misplaced a hose to a machine that pumps blood during the surgery, causing too much blood and oxygen to be pumped to her right hand -- and too little to her brain and thoracic spinal cord.

If you or someone you care about has been injured by the carelessness of a medical professional, you should speak with an experienced South Carolina medical malpractice attorney like the ones at the Louthian Law Firm as soon as possible. Our attorneys can help you evaluate your case; protect your legal right to the courts; stand by your side throughout the legal process; and get you the best possible results. For a free consultation, call the Columbia SC Medical Malpractice Lawyers at Louthian Law Firm today at 1-866-410-5656.

Full story - Click here.

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An Indiana woman whose husband committed suicide in January 2008 has filed a lawsuit against Pfizer, the manufacturer of Chantix, a smoking-cessation drug her husband was taking.

The woman alleges that the company failed to warn consumers that the prescription medication might cause serious psychiatric symptoms such as suicidal thoughts.

If you or someone you care about was seriously injured by a prescription drug, you should speak with a South Carolina pharmaceutical litigation attorney at the Louthian Law Firm as soon as possible. We have won justice for South Carolinians since 1959, and recovered millions of dollars to help sick and injured people heal and move on. And because we know injured people are often suffering financially as well as physically, we never charge for an initial case evaluation. For a free consultation, call us today at 1-866-410-5656.

Full story - Click here.

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In South Carolina, thanks to U.S. Judge Joe Anderson and State Supreme Court Chief Justice Jean Toal, settlement records in cases involving public safety have been open for several years. That is a benefit to the public, according to a recent news report, because it lets consumers know just how dangerous a product might be. Judge Anderson recently testified in Washington about the need for openness in other jurisdictions.

The Louthian Law Firm has served injured South Carolinians since 1959. We have won millions for our clients and are committed to protecting consumers' right to a fair and honest marketplace. And because we know victims are often stretched thin financially, we always offer free consultations to potential clients. To speak with an experienced consumer protection attorney today, call us at 1-866-410-5656.

Full story - http://www.thestate.com/local/story/479745.html

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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.

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The RC2 Corporation announced the recall of over 600,000 of its toys and children’s necklaces Thursday, according to an Associated Press Article dated September 27th.

The RC2 Corp’s “Knights of the Sword” series toys and some of its Thomas And Friend items along with floor puppet theaters and gardening tools and chairs were among the items being recalled. The reason for the recall was the high levels of lead in their surface paint and some of their metal parts.

Earlier this year, on June 13th, RC2 Corp announced the first recall from the Thomas and Friends Product Line of 1.5 Million wooden railway toys. The company has now announced a new recall of five Thomas and Friends toys, totaling about 200,000 toys in all that were not included in the first recall.

Continue reading "Another Child Toy Manufacturer Announces Recalls" »

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The Associated Press reported on May 26, 2007 that government officials are warning people to throw away AMO Complete Moisture Plus Multi-Purpose Solution, used for cleaning and storing soft contact lenses, after an investigation linked it to a rare eye infection. The solution is made by Advanced Medical Optics Inc., a publicly traded company based in Santa Ana, California.

The solution appears to be a factor in cases of Acanthamoeba keratitis, a painful eye infection that can lead to permanent vision loss or blindness.

The CDC and the U.S. Food and Drug Administration are investigating 138 confirmed cases.
CDC officials said people should discard the solution, throw out their current contact lenses and lens storage case, which may harbor the infecting disease.

Doctors first suspected a problem in 2004, when a University of Illinois-Chicago ophthalmologist, Dr. Elmer Tu, noticed more than a dozen cases of the infection.

Continue reading "Another Contact Lens Solution Linked to Eye Infection" »

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According to the Associated Press, the following recalls have been announced:
Approximately 228,000 Ellemenno brand girls’ capri pants with snap roll cuffs which are distributed by Mervyns Company and imported by Azmat Group of Dhaka, Bangladesh have been recalled because the buttons inside the pants' waistbands can become detached and this poses a choking hazard to children. No injuries have been reported. Mervyns can be contacted by phone at 800-637-8967 or by visiting their website.

Approximately 1,500 Currey & Company Table Lamps which are distributed by Currey & Company have been recalled because the light sockets on the lamps have a defect, which poses an electrical shock and fire hazard, the U.S. Consumer Product Safety Commission announced Thursday. Currey & Company has received 6 reports of their lamps causing circuits to trip and then sparking or catching on fire. No property damage or injuries have been reported at this time. Details of the recall of these lamps can be found by visiting their website.

Details of both recalls can be found at the U.S. Consumer Product Safety Commission.

If you or a loved one has suffered injuries due to a defective product, contact a South Carolina Product Liability Lawyer at Louthian Law Firm, P.A., immediately, even if only for an inquiry as to whether or not you may have a case.

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Evenflo Company Inc. cooperating with the US Consumer Product Safety Commission and the National Highway Traffic Safety Administration (NHTSA), announced a recall last Friday of the Evenflo Embrace™ Infant Car Seat/Carriers. The recall affects about 450,000 infant car seats.
The manufacturer of the defective car seats is Evenflo Company Inc., of Vandalia, Ohio. The defective car seat has caused injuries to children.

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Drug maker Purdue Pharmaceutical, L.P. has agreed to pay $19.5 million to South Carolina and 25 other states to settle a complaint concerning its promotion of the powerful pain killer OxyContin and failure to disclose risk of abuse with the drug.

The action by the drug maker comes in response to a complaint by several state attorney generals who discovered that the company had suggested that doctors prescribe OxyContin to patients every 8 hours instead of the 12 hours approved by the U.S. Food and Drug Administration. The settlement also required the pharmaceutical company to discontinue dispensation of the drug in any manner other than approved by the FDA. In a prepared statement the company responded to the settlement, "It has always been Purdue's written policy that promotion of its products must adhere to FDA-approved prescribing information for those products as well as applicable laws.” Additionally Purdue Pharma has agreed to discontinue the practice of paying the sales staff a bonus in direct correlation with the volume of OxyContin prescribed.

Over the years, OxyContin came to prominence in the news when the prescribed drug was discovered to be highly addictived. When the illegal use of the drug produced a heroin-like high, OxyContin was was noted by the Bush administration as one of the nation's most-abused prescription drugs in the war on drugs.

States that took part in the settlement were Arizona, Arkansas, California, Connecticut, Idaho, Illinois, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Montana, Nebraska, Nevada, New Mexico, North Carolina, Ohio, Oregon, Pennsylvania, Tennessee, Texas, Vermont, Virginia, Washington, Wisconsin and t he District of Columbia.

North Carolina Attorney General Roy Cooper commented on the situation stating, “Drug makers need to give doctors and patients accurate information about their drugs or expect to face the consequences."

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The Associated Press reported on Thursday, May 3, 2007 that Mr. and Mrs. Chung, immigrants from South Korea, opened their own dry cleaning business in Washington, D.C. seven years ago. Unfortunately, the have been dealing with a litigation nightmare for the past two years ever since a Judge sued them for $65 million because they lost a pair of his pants.

The Chungs are so disheartened that they are considering moving back to South Korea, their attorney Chris Manning said. “They’re out a lot of money, but more importantly, incredibly disenchanted with the system” Manning said. “This has destroyed their lives.”

The lawsuit was filed by District of Columbia Administrative Hearing Judge Roy Pearson, who has been representing himself in the case. Judge Pearson did not return phone calls or e-mails as of Wednesday of last week from the Associated Press. According to court filings, the problem began in 2005 when Pearson first became a judge and took several suits for alterations to Custom Cleaners in Northeast Washington DC. A pair of pants from one suit was not ready when he requested it two days later, and appeared to be missing.

Judge Pearson asked the cleaners to pay the full price for the suit which was more than $1000. However, a week later the Chung’s said that the pants had been found and refused to pay. That is when Judge Pearson decided to file a suit.

According to the Chungs’ lawyer the cleaners has made three offers to settle with Judge Pearson. The first offer was for $3,000, then $4,600 and then $12,000. Judge Pearson has refused to settle. One of his claims for damages includes the cost to rent a car ($15,000) every weekend for 10 years to go to another dry cleaner since he no longer wants to patronize the Chungs’ dry cleaners. The bulk of Pearson’s $65 million claim, however, it derived from a strict interpretation of Washington DC’s consumer protection law which fines violators $1,500 per violation per day. According to court papers, Pearson added up 12 violations over 1200 days and multiplied by 3 defendants.

Continue reading "Judge Sues Cleaners for $65 Million for Lost Pants" »

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The Associated Press reported that a total of 7.8 million Magnetix magnetic building sets have been recalled after children swallowed small magnets contained in the sets and were seriously injured. Mega Brands Inc., the company which manufactures the toy sets, recalled 3.8 million of the magnetic building sets in March 2006 after a child died and 4 others were seriously injured after swallowing the magnets. The Product Safety Commission and Mega Brands know of one death, one aspiration and 27 intestinal injuries. The commission received reports of at least 1500 incidents in which the magnets separated from the toy. If more than one magnet is swallowed, the magnets can attach to each other and cause intestinal perforation, infection, or blockage which can be fatal. The hazard was initially thought to be a problem only for children younger than 6 but the reports show that at least 10 injuries involved children between the ages of 6 and 11.

The recall includes all sets except Magnetix sets dated March 31, 2006, that are age labeled “6+” and also contain the statement “CAUTION: Do not ingest or inhale magnets. Attraction of magnets in the body may cause serious injury and require immediate medical care.” The newer sets supposedly have better material and design according to the company. Magnetix sets are sold by toy and arts and craft stores nationwide.

Consumers should contact Mega Brands for replacement toys. For more information call Mega Brands at (800) 779-7122.

If you or a loved one has been injured by an unsafe toy, contact a South Carolina unsafe toy accident attorney at Louthian Law Firm for a free consultation.

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The Associated Press reported that a Montgomery, Alabama jury awarded a paralyzed woman $4 million on Friday, April 20, 2007. Carolyn Thorne, was paralyzed as a result of the tires separating on her SUV after visiting a Wal-Mart Service Center. The tires had been recalled in 2002 by Continental Tire Company and she had taken her SUV to Wal-Mart to have the tires replaced. Wal-Mart failed to replace her spare tire which she was using during the crash that paralyzed her.

Ms. Thorne had her car serviced at Wal-mart on 9 separate occasions after the recall and was never told that the 5th tire was also defective.

The jury awarded her $2 million in punitive damages and $2 million in compensatory damages.

If you have been in an automobile accident due to tire tread separation, please contact a South Carolina tire recall lawyer at Louthian Law Firm for a free consultation.

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The Associated Press has reported that H.S. Joy of Love, by Jen-On Herbal Science International of City of Industry, California has been recalled because the product contains Piperadino Vardenafil, an analog of Vardenafil, which is a FDA approved drug used for erectile dysfunction.

The analog may interact with nitrates found in some prescription drugs, such as nitroglycerin, and may lower blood pressure to dangerous levels. People with diabetes, high blood pressure, high cholesterol or heart disease often take nitrates.

The supplement is sold nationwide in a 12 capsule pack. Individuals who have this product in their possession should stop using it immediately and, if they experience any adverse side effects should contact a physician.

Unused portions of the supplement should be returned to the manufacturer for a refund by calling (626) 333-9998 for instructions on how to return the product.

If you have suffered serious side effects associated with taking H.S. Joy of Love, contact a South Carolina dangerous drug attorney at Louthian Law Firm for a free consultation.

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The insurance industry reported on Thursday, March 29, 2007 that new crash test results show that head restraints in several passenger vehicles provided marginal or poor protection against neck injuries and whiplash. In the simulated rear crash test at 20 mph only 22 of 75 vehicles received the top score of “good” from the Virginia based Insurance Institute for Highway Safety.

If you or a loved one has been the victim of a serious injury as the result of a faulty head rest, please call a South Carolina defective head restraint attorney at the Louthian Law Firm.

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