Montgomery Personal Injury Lawyer

Toyota expected to recall 2010 Prius sedans for brake problem

Tom Methvin — Mon, 08 Feb 2010 12:23:16 GMT

The hits keep coming for owners of Toyota vehicles. First, the major car manufacturer announced that some of its car mats were causing brake pedals to stick on some models and that the mats should be removed from the cars. Then Toyota announced it was recalling eight million vehicles worldwide because faulty brake pedals were causing numerous reports of sudden and unintended acceleration. Now Japanese news outlets and the New York Times are reporting that Toyota will likely announce this week that it plans to recall more than 300,000 third-generation Prius hybrids to fix a brake problem, adding yet another scar on a car manufacturer that until recently had a near-stellar reputation for reliability and customer satisfaction.

Toyota’s prized Prius has earned the car manufacturer bragging rights as the “most efficient hybrid” since it was introduced three years ago. But some Prius owners have reported that the brakes can momentarily stop working after the car hits a bump. The issue has been blamed for several accidents, but no deaths.

When reports of the Prius brake issue first surfaced late last December on a small automotive site, TheDetroitBureau.com, Toyota downplayed the complaints, putting blame on drivers’ inexperience with anti-lock brakes. Last week, Toyota did a swift turn-about, announcing it was in the process of confirming the reports and investigating the driving conditions in which the problems occurred. By week’s end, Toyota admitted there was a defect, and that weeks earlier it had already found and fixed the problem. As for the 300,000 vehicles that rolled off the assembly line with defective brakes, a recall announcement from Toyota is expected as early as today.

Originally posted at InjuryBoard by Tom Methvin

Toyota customers scared, skeptical after massive automobile recalls

Tom Methvin — Tue, 02 Feb 2010 18:44:48 GMT

“The gas pedal got stuck on my way to school this week, and my car kept going and going and it wouldn’t stop,” says Queanna Cole, an Alabama woman who drives a 2009 Camry. The incident put a scratch on her car, but it left a bigger dent on her peace of mind. “I’m scared to dive my car. It’s been parked since Tuesday. I haven’t driven it anywhere. I’m scared,” she said.

Cole is one of millions of Toyota customers whose cars or trucks fall under a massive recall due to sudden and unintended acceleration. Though Toyota says the defect is rare, the company has received so many reports of similar incidents that it had to take action. More than eight million Toyota vehicles around the world have been recalled to date because of the unintended acceleration problem.

Car dealers are beginning feeling the heat. The company has suspended sales of its cars and trucks this week to make the necessary repairs on them before they are sold to the public, a move that will dampen sales by an estimated 75 percent for the year 2010. On Monday, Toyota announced parts were being shipped to dealers and many dealers will work extended hours to complete the recall campaign as quickly and conveniently as possible.

Toyota dealers, like Bruce Limbaugh with Limbaugh Toyota in Birmingham, Ala., are urging customers with affected models to call dealerships for answers to questions regarding the recall. “Our first consideration and concern is for our customers, their safety, for them and their preconceived concerns,” he said.

But many consumers remain skeptical of the carmaker with the once-stellar reputation. According to the New York Times, which received information from the National Highway Traffic Safety Administration (NHTSA), 19 sudden accelerator deaths involving Toyota vehicles is more than reports from all other automakers combined.

Sources: WBRC-TV, New York Times

Originally posted at InjuryBoard by Tom Methvin

Recalled Digitek Digoxin Tablets Could Affect Many with Heart Failure and Atrial Fibrillation

Margaret Embry — Thu, 30 Apr 2009 11:59:23 GMT

Digoxin is a drug used to treat congestive heart failure and atrial fibrillation by making the heart beat stronger and with a more regular rhythm. To understand the importance this drug plays in those who suffer from the above mentioned conditions, a general understanding of these conditions is needed.

According to US Recall News from April 2008,

A class I recall is being issued on all Digitek (digoxin) tablets, which may contain twice the approved level of digoxin.The existence of double-strength pills pose a risk of digitalis toxicity, which can result in nausea, vomiting, low blood pressure, cardiac instability, bradycardia and even death.

Congestive Heart Failure (CHF), according to the American Heart Association, is a condition in which the heart is not able to pump enough blood to the body's other organs. The heart is working, but not as efficiently as the body needs. Because of this, a person with CHF cannot exert themselves because they become short of breath and tired.

As blood flow out of the heart slows, blood returning to the heart through the veins backs up, causing congestion in the tissues. Often swelling (edema) results. Most often there's swelling in the legs and ankles, but it can happen in other parts of the body, too. Sometimes fluid collects in the lungs and interferes with breathing, causing shortness of breath, especially when a person is lying down.

Atrial Fibrillation (AF) is a disorder in which the heart's two small upper chambers (the atria) quiver instead of beating effectively. Blood isn't pumped completely out of the atria, so there is a chance for it to pool and clot. If a piece of a blood clot in the atria leaves the heart and becomes lodged in an artery in the brain, a stroke results. About 15 percent of strokes occur in people with atrial fibrillation and about 2.2 million Americans suffer from AF.

Originally posted at InjuryBoard by Margaret Embry

Construction Worker In Serious Condition After Accident

Chrissie Cole — Wed, 25 Mar 2009 01:33:00 GMT

A man buried in a construction accident in St. Clair County on Tuesday, is now listed in serious condition at UAB Hospital.

The man was using a backhoe to move dirt at an auto salvage yard on Old Coal City Road when portions of the dirt wall collapsed and buried him inside the cab of the backhoe.

Rescuers arrived on the scene and it took them nearly two hours to dig him out.

He was airlifted to UAB Hospital for treatment of his injuries. No further information is available at this time.

According to the U.S. Bureau of Labor Statistics, construction accidents account for over 400,000 injuries each year.

Originally posted at InjuryBoard by Chrissie Cole

Defective Valve Stems - What You Should Know

Gibson Vance — Thu, 11 Dec 2008 10:42:32 GMT

Tech International, one U.S. distributor of Chinese-made valve stems, issued a massive recall of approximately 6 million “Replacement Snap-In Tire Valve Stems.” The stem has been tentatively linked to at least one fatal rollover crash of an SUV in Orlando, Florida.

The valve stems were made for Dill Air Control Products of Oxford, N.C., by Shanghai Baolong Industries Co. in China. The National Highway Traffic Safety administration has opened an investigation of Dill Air Controls Products, which manufactured approximately 30 million of the Dill TR400 Series tire valves in 2006. Per the NHTS report, the “tire valves can crack and leak air. A leaking tire valve could result in tire deflation, tire damage (e.g. overheating, rupture) and possible vehicle control problems.”

Consumers should check their tires to make sure they do not contain the rubber replacement tire valve stems. This is especially important if you have had a tire replaced since July 2006.

Unfortunately, that is easier said then done because once a valve stem has been installed the only way to check to see if it is in fact one of the defective models is to completely dismount the tire from the wheel and check it from the inside. Also, most service centers do not keep records of any valve stems they may have installed on a vehicle. Once they are out of the box and on a vehicle there is no tracking, so customers can’t be notified.

Eugene Petersen, program leader for tire testing at Consumer Reports, says, “At a minimum, motorists should conduct a visual inspection of their valve stems. To do this, remove the hubcap and move the top of the stem around, checking for any signs of cracks in the base of the stem where it meets the wheel. Ideally, the consumer should have the tire removed from the wheel and checked by a professional to make sure the valve is not one of the defective models.”

Below is a list of the model numbers your mechanic should look for:

TR-413

TR-413 CH

TR-414

TR-415

TR-418

TR-423

Originally posted at InjuryBoard by Gibson Vance

American Dream turns to American Nightmare in Mortgage Lending Crisis

Gibson Vance — Wed, 15 Oct 2008 12:06:25 GMT

Home ownership, “The American Dream,” has for many families all across America become “The American Nightmare!” Home foreclosures are at an all-time high.

According to Stanford University Hoover Institution, “Foreclosure filings have more than doubled during the past year.” The report goes on to say that 739,714 households received foreclosure starts, which is 1 out of every 171 households in the United States. That’s an increase of approximately 121 percent compared to one year ago.

What can account for such a dramatic increase in home foreclosures? The economy certainly plays a role, but for the most part subprime loans, and predatory lending practices, are part of the problem as well.

A report from the National Housing Institute (NHI), dated in 2005, says that “the growth of subprime lending (higher cost loans to borrowers with blemishes on their credit records) in recent years clearly indicates a surge in a range of exploitative practices.” The report goes on to say that “not all subprime loans are predatory, but virtually all predatory loans are subprime.”

Predatory lenders target mostly low- and moderate-income families. A lot of these families already struggle and when the economy climate changes, such as higher gas and food prices, it causes them to struggle even more.

What is Predatory Lending? The U.S. Department of Housing and Urban Development (HUD) describes predatory lending as:

Loan Flipping – mortgage originators refinance borrower’s loans repeatedly in a short period of time.
Excessive Fees and “Packing” – fees that far exceeded what would be expected or justified based on economic grounds.
Lending without regard to the borrower’s ability to repay – the borrowers clearly did not have the capacity to repay the loan. (i.e. Elderly living on a fixed income)
Outright fraud and abuse – certain groups, like home improvement contractors, appraisers and lenders, who prey on certain groups like the elderly and minorities.

There is help for people who are about to lose their home to foreclosure. The Alabama Bar Association has launched a campaign to assist homeowners facing foreclosure. State Bar President-elect Thomas J. Methvin of Montgomery (Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.), chairs the Mortgage Foreclosure Task Force and says “help is available” and “homeowners need to know their options.” He also says, “early intervention is the key to a successful outcome.”

Originally posted at InjuryBoard by Gibson Vance

7 People die in firey crash

Gibson Vance — Fri, 10 Oct 2008 17:16:48 GMT

Recently in Montgomery County, Ala., a fiery head-on collision between an 18-wheeler
and 16-passenger van killed one Alabama Department of Corrections employee and six
applicants for prison jobs. The accident happened in a rural area near Union Springs, Ala.
A report on FoxNews.comquoted Montgomery Mayor Bobby Bright, who went to the
scene, as saying, “The crash was horrendous enough, but the fire added to the tragedy.”
All seven people killed were between the ages of 18 and 45. State Trooper John Reese
told the news agency, “It was a very high-impact crash.”

According to a progress report released Dec. 31, 2007 by the Federal Motor Carrier
Safety Administration, in 2006 there were 4,995 people killed in accidents involving
large trucks and 106,000 injured. Crashes involving large trucks, like 18-wheelers, and
smaller vehicles are usually a catastrophic event because of the weight difference and, of
course, speed is also a factor. A fully loaded 18-wheeler can weigh up to 80,000 lbs. The
average 16-passenger van weighs between 4,500-6,000 lbs. The average car weighs about
3,000 lbs.

The trucking industry plays a vital role in transporting important commodities like
construction supplies, machinery, food and other consumer goods to local markets. It also
has the huge responsibility of making sure that its drivers are operating under optimum
conditions and that their trucks are properly maintained. Given a commercial freight
vehicle’s weight and size, passengers in smaller vehicles stand just about no chance of
survival in a collision.

Originally posted at InjuryBoard by Gibson Vance

FDA shows caution in evaluating new heart drug, delays report

Wendi Lewis — Mon, 29 Sep 2008 17:31:16 GMT

Could the U.S. Food & Drug Administration (FDA) finally be showing caution in its evaluation of potential new medications? After being thrashed by the media and the public in recent months for its apparent inability to protect us from insufficiently tested drugs that turn out to be ineffective or, worse, downright dangerous, the FDA seems to be putting on the brakes in its consideration of a new drug offered by manufacturer Eli Lilly and Daiichi Sankyo.

On Sept. 24, Forbes.com was anticipating a decision on Lilly and Sankyo’s new blood thinner, prasugrel, which would be used to treat heart disease. Forbes reported that the FDA had decided in June after an initial review of the drug to delay its decision until Sept. 26.

However, today the FDA delayed approval of the drug for a second time. According to an Associated Press report, the agency says it still has not completed its review of the drug, which was submitted in January. The AP quotes Lilly spokesperson Jennifer Stotka as saying the evidence from prasugrel trials and studies is a “very large, complex submission,” and that she is not surprised at the FDA request for more time.

Prasugrel would be a direct competitor with Plavix, the leading drug for treatment of cardiovascular disease, manufactured by Sanofi-Aventis and Bristol-Myers Squibb.

According to a second Forbes report released today upon news of the second delay, prasugrel is designed to treat patients with acute heart conditions who are at risk of developing blood clots. The news agency says prasugrel’s manufacturers paid for a study of 14,000 patients to test the medication, which it says prevented more heart attacks than Plavix. However, the report says, the drug also caused more dangerous bleeding, with deaths as a result almost canceling out the gain in cardiovascular benefit.

Results of this study, the TRITON-TIMI 38 trial, were apparently enough cause for concern that the FDA is taking its time to weigh its decision.

Forbes says cardiologists expect the drug to ultimately gain approval, although with “significant warnings” for those at higher risk for bleeding. The report says the drug also has hopes for wide use in angioplasty procedures, where drug-coated stents are used to open a clogged artery.

For now, however, the wait is on.Originally posted at InjuryBoard by Wendi Lewis

FDA begins posting list of drugs with potential safety issues on its web site

Wendi Lewis — Mon, 08 Sep 2008 16:42:11 GMT

A list of prescription drugs currently under investigation by the FDA for safety issues is now available online.

The U.S. Food and Drug Administration began posting the list on its web site in September. The new policy is required as a result of a drug safety bill passed by Congress last year. Drugs included on the list are under investigation because of complaints reported to the FDA by drug companies, doctors and patients.

The FDA collects reports of possible side effects through its Adverse Event Reporting System. Only drugs submitted through this system will be included on the list. According to a story in the Washington Post, last year the FDA received more than 480,000 reports of potential reactions to drugs.

The FDA will update the list every three months. The first list included 20 medications and the potential problems associated with each. But, just because a drug is included on the list does not mean the drug is not safe, only that the FDA is investigating it.

According to a report on National Public Radio, FDA officials said they are trying to walk a fine line between being more open with the public and avoiding needless scares.

Some consumer groups worry that patients will stop taking necessary medication if they see it listed on the FDA web site.

The FDA’s Dr. Janet Woodcock told NPR, “My message to patients is this: Don’t stop taking your medicine. You should continue taking it unless your doctor advises you differently.”

The FDA hopes that by posting the list of drugs under investigation, they will be able to improve communication with the public and with doctors. They hope this will lead to overall improvement in drug side-effect reporting and verification.

Consumer advocates told NPR the list is a good start, but should include more information to be truly effective.

Also, it is not clear at this time how the FDA will inform the public if a drug originally included on the list is cleared of suspected safety risks.

The list is available on the FDA web site.

Originally posted at InjuryBoard by Wendi Lewis

Roof strength standard update on hold until Oct. 1

Scott Thomas — Fri, 05 Sep 2008 17:39:06 GMT

The National Highway Traffic Safety Administration (NHTSA) was scheduled to release its amended and upgraded federal standard on vehicle roof strength requirements July 1. However, after input from a U.S. Senate hearing on June 4 that featured testimony from groups such as the People Safe in Rollovers Foundation, and which called for the proposal to be significantly strengthened, the NHTSA has delayed its announcement of the final roof strength standard to Oct. 1.

The original NHTSA proposal would upgrade the Federal Motor Vehicle Saftey Standard No. 216, extending coverage to vehicles with gross weight ratings up to 10,000 pounds, and requiring a roof withstand an applied force equal to 2.5 times the vehicle's weight while still maintaining sufficient headroom for an average adult male.

The upgrade would for the first time regulate the roof strength of many SUVs and pickup trucks, many of which are currently exempt under a 6,000-pound standard. The current requirement for roof strength is that a roof withstand applied force equal to only 1.5 times the vehicle's weight.

However, despite the suggested increases, research and consumer groups objected to the NHTSA proposal, saying the suggested new standard is still not tough enough to protect drivers and passengers. They call for a standard that would increase roof strength to withstand at least 3.5 times the vehicle's weight.

Results of a 2008 study by the Insurance Institute for Highway Safety, a nonprofit research and communications organization, supports the call for a stronger standard. The study found that occupants in vehicles that meet the current strength requirements by a narrow margin have elevated injury risks compared to occupants in vehicles with stronger roofs. The IIHS estimates that a standard requiring roof strength to increase to a level of 3 or 3.5 times the vehicle's weight would save hundereds of lives each year.

Originally posted at InjuryBoard by Scott Thomas