Archive for the ‘Wrongful Death’ Category

Toyota’s Great Cover-Up

Thursday, July 22nd, 2010

In late 2009, Toyota’s sudden acceleration problems became international headline news. But Toyota’s unintended acceleration problems have persisted for more than a decade. In fact, the National Highway Traffic Safety Administration (NHTSA) ordered Toyota to recall vehicles as early as 1986 because of speed control issues. Toyota’s current generation of problems began in 2002 when Toyota notified its dealers that some Camry models could experience engine surging, which required electronic calibration to repair the problem. In 2003, the Toyota Sienna was the subject of internal communications that dealt with an “unwanted acceleration” incident that occurred during testing. Toyota reported the incident to NHTSA five years later, thus establishing a pattern of deception that has continued to the present. The current cover-up at Toyota has caused the deaths of at least 56 people and hundreds more have been injured, as consumers were uninformed about the safety issues that have plagued Toyota.

Some safety experts claim that Toyota does not know how to fix the current sudden acceleration problem. Instead, the company has blamed drivers for pressing the accelerator instead of the brake. They also blamed floor mats for entrapping gas pedals, and then later claimed that gas pedals were sticking, not returning to idle position. Data shows that Toyota’s unwanted acceleration problems began in 2002 with the introduction of electronic throttle controls. Complaints of sudden acceleration rose by 500% after Toyota incorporated these systems into their vehicles.

Although the cause(s) of Toyota’s acceleration problems may never be fully disclosed, the solution is easy and inexpensive: install the “smart pedal.” The “smart pedal” has been used for over ten years by Chrysler, Nissan, BMW, Audi and Mercedes Benz and costs as little as $1.00 per vehicle. This technology works simply: if a driver inadvertently applies both the accelerator and brake simultaneously or if an electronic malfunction occurs which mimics this situation, the engine automatically shifts into idle, permitting the driver to slow and come to a stop. Toyota says it will begin using this technology in its 2011 models.

Unfortunately, Toyota has gone great lengths to avoid taking responsibility for its mistakes by attacking the research and tests of David Gilbert, an Automotive Technology Professor at Southern Illinois University. While Toyota claimed that their systems could not cause sudden acceleration, Gilbert’s tests showed the opposite: Toyota’s electronic systems could fail to prevent sudden acceleration in certain instances. Toyota told the United States Congress that they would work with Dr. Gilbert, but instead hired Exponent, a research firm, to refute the professor’s findings.

Toyota has refused to accept responsibility for its acceleration problems for years. Rather than addressing this significant safety issue by finding solutions, the company has focused on avoiding safety recalls. Toyota hired investigators away from NHSTA in an effort to stall or shut down NHTSA investigations. Internal documents at Toyota show that the company saved more than $100 million by avoiding a recall because of the sudden acceleration problem. Just one month after Toyota bragged about their cost savings “win”, a family was four of killed in their Lexus after it accelerated out of control.

While Toyota is working on a solution to its sudden acceleration problems, drivers of Toyota and Lexus vehicles should know what to do if they experience sudden acceleration.

Consumer Reports magazine reports that test drivers found the most effective strategy was to hit the brake pedal hard and hold it.

“Don’t start pumping or pounding on the brakes. That negates the vacuum assist and makes the brakes less effective. Toyota goes a step further. It advises stepping on the brake pedal with both feet, using firm and steady pressure.

After hitting the brakes, shift the transmission into neutral.

After disengaging the engine, pull safely off the road, turn off the car and park it.”

How can you be prepared?

Be sure you know how to get your car into neutral. This varies greatly by make and model and is not always intuitive. You want to know how to do this before you find yourself in an emergency situation.

People may be tempted to turn off the engine, but shifting into neutral is a better option. That’s because turning the engine off stops the power steering system and will make it harder to control the vehicle.

Still, if you can’t get it into neutral, don’t fool around. Shut the engine off.

But even this can be tricky if you are not prepared.

Toyota said if its vehicle is equipped with an “engine start/stop” button, you need to push the button firmly and steadily for at least three seconds to turn off the engine. Do not tap the start/stop button.

Other car makers, however, use different on-and-off systems, so be sure you know how your vehicle works.

Sources: The Safety Report, Consumer Reports

Hospital Negligence, Ignorance Causes Thousands of Infection-Related Deaths

Wednesday, July 14th, 2010

An estimated 80,000 people are infected each year in American hospitals with catheter-related bloodstream infections: 30,000 die from these infections. According to a recent survey of medical professionals, most of these infections are preventable. However,  infections continue to plague hospitals because hospital administrators do not understand the significance of the problem and have not committed adequate resources and attention to implement basic procedures to reduce the infection rate. Basic procedures include hand washing, cleaning a patient’s skin with an effective antiseptic, using sterile drapes, clothing, masks, gowns, gloves and dressings. (7/13) Washington Post

Nursing Home Company Slapped with $670 Million Verdict

Thursday, July 8th, 2010

This week Skilled Healthcare Group, Inc. was ordered to pay more than $670 million in damages for violating the California health and safety code which requires nursing homes to provide at least 3.2 nursing hours per patient each day. Staff deficiencies put patients at risk because they do not receive proper and timely care, medication or hygiene. More money damages against Skilled Healthcare are possible as the jury will meet next week to determine if the company should pay punitive damages. Skilled Healthcare says it will appeal. (6/8) LA Times

How Often Should You Replace Your Helmet?

Wednesday, July 7th, 2010

With the increase of the number of motorcyclists and bicyclists enjoying bike routes and trails throughout the State of Michigan this summer, there is a corresponding increase in the number of  accidents. It is estimated that nationally, a bicyclist is fatally injured every six hours, every day of the week. Deaths from motorcycle accidents are on the increase. Most catastrophic injuries, primarily head injuries, sustained in biking accidents are a result of a collision with a motor vehicle. Wearing the proper fitting helmet will help to prevent head injuries leading to death or serious disability. Helmets act like brakes or shock absorbers, as they have rigid outer shells, liners, padding and chin straps. Some experts believe that helmets should be replaced every five years because the resins and other materials in helmets can degrade over time. Read more about helmets and helmet safety: Snell Foundation FAQ

Campbell Soup Recalls 15 Million Pounds of Spaghettios; ConAgra Foods Recalls Frozen Meals

Friday, June 18th, 2010

Check in your cupboards and freezers for the latest recalled foods to be certain you and your family do not become ill. The USDA announced two recalls yesterday involving three types of Spaghettios with Meatballs and  Marie Callender’s brand Cheesy Chicken and Rice frozen meals produced by ConAgra Foods. The frozen meals have been linked to a recent outbreak of salmonella affecting 29 people in 14 states. The Spaghettios were recalled due to underprocessing.  (6/17) USDA-1  (6/17) USDA -2

Are Surgery Centers as Safe as Hospitals?

Sunday, June 13th, 2010

Findings in a new federal study published in the Journal of the American Medical Association would suggest that surgery centers may not be as safe as hospital operating rooms. The study found that patients who have procedures, such as colonoscopies, foot surgeries and plastic surgeries, at same-day surgery centers are at higher risk for getting infections. The majority of clinics involved in the study violated the basic fundamentals of infection control, such as washing hands, wearing gloves and reusing devices meant for a single use. Lax infection control practices may pervade the nation’s outpatient surgery centers. (6/8) NY Times

Toyota Scrutinized By NHTSA for Steering Rod Defect

Tuesday, May 11th, 2010

Just a month after Toyota was fined $16.4 million for failing to file a timely notice to the National Highway Traffic Safety Administration about the “sticky pedal” defect, federal regulators have opened a separate investigation involving the steering systems in nearly one million Toyota SUV’s and pickup trucks. The rod, which connects the steering wheel to the wheels, can become weak and snap and cause drivers to lose control of their vehicles. Officials believe that Toyota knew about the defect one year before they issued a recall in 2005. A similar recall was issued in Japan in 2004. Automakers must notify NHTSA within five days of learning about safety defects in their vehicles. Toyota has attempted to explain away the problem by stating that U.S. drivers do not perform the number of close-quarters maneuvers required in Japan. Therefore, a U.S. recall was unnecessary, since the steering  rod would not be exposed to as much stress and would not likely snap. The NHTSA has linked the Toyota steering system defect to at least 15 crashes, 7 injuries and 3 deaths. (5/11) Washington Post

Texting-While-Driving Student Ordered to Pay $21 Million

Wednesday, April 21st, 2010

A Texas jury has ordered a college student to pay over $21 million in damages after finding him grossly negligent for texting while driving and causing a fatal crash. The unanimous verdict is one of the largest to be obtained in a texting-while-driving case.

“This verdict sends a message loud and clear that the people of Texas will not tolerate this conduct,” said the lawyer in Houston who represented the plaintiffs. He added that the family of the victim hopes to use the verdict and publicity about the case to urge the state legislature to make texting while driving illegal in Texas.

In 2007, Jason Reed Vestal was driving his pickup truck down Highway 6 near Calvert, Texas, when he crossed the center-line and hit an oncoming car head-on. The crash killed the other driver, 21-year-old Megan Small, a student at Baylor University. It also injured Small’s friend Laura Gleffe, who was driving behind her and was run off the road by Vestal’s truck. The Small family turned to civil court after Vestal managed to evade all criminal charges.

A grand jury “no-billed” Vestal and the attorney general did not conduct an investigation into the cause of the crash. Vestal wasn’t drunk at the time, he wasn’t tired, and no witness reported seeing any obstruction in the road that would have made him swerve. So what caused the accident?”

The lawyer for the Small family said he became suspicious when he deposed Vestal, who insisted that he did not have his phone with him when he was driving. But subpoenaed phone records showed that Vestal had made 7 phone calls and sent 15 text messages during the 45 minutes he was on the road. Some of the messages were sent and received moments before the crash.

The Small’s attorney pointed out that Highway 6 is a notoriously busy and dangerous road even at the best of times. “It’s a very treacherous stretch, where there is not much margin of error,” he said. “So it was especially dangerous to be that distracted while driving there.”

Vestal, who is a graduate student at Texas A&M, declared bankruptcy at the start of the trial, thus the verdict was largely symbolic. The Small family announced that it would share any compensation they collect with Laura Gleffe.

“They will get some money from the insurance company,” said the Small’s attorney. “But of course it isn’t about the money. It never was. It’s about sending a message, and memorializing Megan.” (4/15) Excerpted from Trial Magazine

Tobacco Industry Creates Novel Products, Entices and Addicts Youth

Monday, April 19th, 2010

In response to declining cigarette use and a rise in smoke-free air laws, at least two tobacco companies are test-marketing dissolvable tobacco products: one resembles Tic Tac breath mints but contains finely ground tobacco with mint and cinnamon flavors added. A recent study states that these products lure youths into using tobacco, thus creating a whole new generation of tobacco users to replace those users who have died off. The potential for these products to poison children is very much a concern since these products look like candy. Only one “candy” pellet caused a child to become ill. The tobacco industry denies they are developing new methods of addicting children and adolescents and claim they are merely providing options to adult smokers. (4/18) NY Times

Mine Operators Contest Violations, Clog Court System

Tuesday, April 13th, 2010

Mine company operators are avoiding more stringent enforcement of safety and health related measures by vigorously challenging citations in a federal appeals court process. Currently, 32 mine have contested 46,822 violations, which could mean as much as $93 million in fines for mine operators. Massey Energy, the operator of the mine in West Virginia where 25 miners were killed last week, has been cited for violations at a rate 11 times above the national average for mines. Yet the mine continues to operate as the logjam in the appeals process delays resolution: penalties cannot be imposed while health and safety issues continue to mount. (4/10) Washington Post