Kentucky Injury Lawyer Blog

Well, if you thought you were in the clear with crazy vehicles running out of control due to “sticky gas pedals” or floor mat problems because you luckily didn’t own a Toyota or Lexus, don’t count your chickens before they hatch. Apparently, Mazda has recalled almost a quarter million vehicles for faulty power steering systems. The recall includes 2007 – 2009 model year Mazda 3’s and Mazda 5’s. According to the National Highway Traffic Safety Commission, the steering problems can increase the risk of crash because it involves a loss of power assist, reducing the ability to steer the automobile as intended.

As with the Toyota recall, it appears that Mazda may have been aware of the problem long before making it public in the United States. According to the New York Times, for at least the last year Mazda has been fixing an identical problem in Japan, and has reported to the NHTSC over two years ago that it was investigating the problem. Incredibly, Mazda is contending that because the problem had a low incidence rate in the U.S. they decided to NOT recall the vehicles and simply monitor the problem. Well, while Mazda was “monitoring” the problem, 33 Mazda owners made complaint to the NHTSC about “unintended steering events” (sound familiar?!?). One has to wonder how many other incidents went unreported because owners were unaware that there might be any problem. Seriously, how does “monitoring” a known problem instead of telling people that there is a serious risk make it OK? I wonder how many unnecessary and potentially harmful accidents took place while Mazda was content to “monitor” the problem?

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The United States Food & Drug Administration (FDA) announced a massive voluntary recall by Wright County Egg of Galt, Iowa of shell eggs with specific dates because of the potential of Salmonella contamination. Specific information from the FDA about the recall can be found here.

Additionally, Country Eggs, NuCal Foods and Hillandale Farms of Iowa have issued voluntary recalls as reported by the FDA here, here and here due to potential Salmonella contamination.

The eggs involved could be distributed nationwide. Media reports indicate that more than 1,200 people from all over the country may have been sickened by the contaminated eggs.

This consumer protection information is provided by Louisville, Kentucky attorney Will Nefzger, a partner at Bahe Cook Cantley & Jones PLC. Click here, and it will take you to a page containing biographical and contact information and here to e-mail Will directly.

Fisher Price and the U.S. CPSC have announced a voluntary recall of the Little People Play ‘n Go Campsite. According to the company the Sonya Lee figure in the set can break at the waist, exposing a potential choking hazard.

According the CPSC, about 96,000 playsets will be affected even though only the sets with a Sonya Lee figure that bends at the waist and wears a green sweater and purple camera around the next are included in the recall. The playset cost around $15 and was sold at major U.S. retailers.

Parents are advised to take the figure away from children and contact Fisher-Price to exchange the figures. Customers can contact them or get more information at www.service.mattel.com.
Choking hazards present a serious risk to small children and often cause serious injury or even death. To consult with Shawn Cantley about these issues: Shawn's Mail

Deputy FDA Commissioner Josh Sharfstein reported that the agency is investigating whether or not Glaxo broke the law by withholding data indicating Avandia may carry an increase risk of heart attacks. The Wall Street Journal reports that the FDA is currently reviewing documents that Glaxo released to the Senate Finance Committee as part of the committee’s two year investigation of the drug.

Time magazine reports that FDA reviewer Robert Misbin became concerned about Avandia in 2006 after he saw data suggesting a 31% increase in heart attack risk associated with use of the drug. Senator Charles Grassley, a ranking member of the Senate Finance Committee has already stated that the makers of Avandia shouldn’t have waited so long to alert doctors and patients about Avandia’s potential risks.

The Deputy Commissioner’s statements are the most recent bad news for GlaxoSmithKline. The pharmaceutical company already faces multiple lawsuits and has faced increasing federal scrutiny of Avandia for over three years. The New York Times also referenced potentially uncounted adverse events associated with Avandia in a recent article regarding the potential bribery or FDA and other government officials.

If you or someone you know suspects they have suffered a heart attack or other injury due to Avandia, you should consider discussing the issue with a products liability attorney. The attorneys of Bahe Cook Cantley & Jones are actively litigating Avandia cases. To consult with Shawn Cantley about these issues: Shawn's Mail

LG Electronics, along with the U.S. Consumer Product Safety Commission, announced a voluntary recall of 98,000 portable dehumidifiers due to a fire hazard. The recall, announced last week, will affect the Goldstar and Comfort-Aire models, UPI.com reports.

The dehumidifiers have power connectors that can short circuit. For fires involving the dehumidifiers have been reported. The recall affects Goldstar model nos. GHD30Y7 and DH305Y7 as well as Comfort-Aire model no. BHD-301-C. The various models were sold during 2007 and 2008 at Home Depot, Walmart, and Heat Controller Inc. stores.

Owners of the recalled products have been advised to stop using them and contact LG for a free repair. For more information, contact 877-220-0479.

If you or someone you know has suffered damage due to a dehumidifier-caused fire, you may want to discuss your case with a products liability attorney. To consult with Shawn Cantley about these issues: Shawn's Mail

Honda is recalling 384,000 vehicles due to an ignition defect that would permit the key to be removed while the vehicle is not in park. Removing the key when the vehicle is not in park could allow the vehicle to roll and could cause an accident.

The recall, announced by the government, affects some 2003 Civics, Accords, and Elements, as well as some 2004 Elements, the Boston Herald reports. Honda said it will contact affected consumers.

If you or someone you know has been injured as a result of a defective Honda you should consider discussing your case with a products liability attorney. To consult with Shawn Cantley about these issues: Shawn's Mail

A Kawasaki Mule ride turned deadly for 8 year-old Destiny Marie Haney when it rolled over on her and crushed her to death. Destiny was a third grader at Deep Spring Elementary School in Lexington. Our sympathies and condolences go out to the friends and family of Destiny.

A wreck like this one involving a utility vehicle (UTV) raises many questions. It is imperative that a full investigation take place to determine if there were any factors at play causing this tragedy that are not readily apparent and to preserve evidence. Several models of the Kawasaki Mule were recalled because of a defect that could lead to a loss of steering control, which is apparently what happened in this crash. Other questions should center around the permission given to and supervision of underage drivers.

Although the police are conducting an investigation to determine the cause(s), and they typically good job, it is often important for someone involved in this type of accident, or a family member or friend, to do their own investigation. Hiring an attorney experienced in handling car, truck and UTV wrecks can assure a victim of such a wreck, or the family, that their interests and rights are being protected.

An attorney experienced in handling car, truck and UTV wrecks will know what to do to uncover any underlying causes that do not appear on the surface and may go unrecognized in other investigations. For instance, I have seen many car and truck accidents where it first was thought and reported that a seat belt was not in use, but later the facts indicate the seat belt was in use, but failed to work properly.

Dangerous and defective products are responsible for many injuries and death nationwide. Our profession calls this area of law products liability. Consulting a lawyer experienced in handling these matters is usually easy. Most lawyers will provide a complimentary initial consultation to evaluate a claim or case and let the person know if they can help.

This consumer protection and accident victim information is provided by Louisville, Kentucky attorney Will Nefzger, a partner at Bahe Cook Cantley & Jones PLC. Click here, and it will take you to a page containing biographical and contact information and here to e-mail Will directly.

A carcinogen used in mothballs could be the reason Kellogg Company recalled millions of boxes of cereal earlier this y ear.

The recall this summer involved 28 million boxes of Corn Pops, Froot Loops, Apple Jacks and Honey Smacks, all popular children’s breakfasts. Complaints rolled in earlier this year that a funny smell was coming from the boxes of cereals referenced above and that consumers were becoming ill after ingesting such.

Kellogg reported there were no harmful substances in the recalled boxes, but the chemical suspected of causing the recall, 2-methylnaphthalene, is a natural component of crude oil, is used in the manufacture of mothballs and toilet sanitizers and "is not supposed to be in food”.

The Environmental Protection Agency says 2-methylnaphthalene is structurally related to naphthalene, which is listed by the EPA as a possible human carcinogen, the Post said.
Kellogg provided the U.S. Food and Drug Administration with an assessment of potential health risks of the contamination, but neither would provide copies of the report, the paper said.

A Las Vegas woman has brought suit against a familiar company, that has had a considerable amount written about it in this blog, the Toyota Motor Corp. The woman has also named a Toyota dealership after her husband was killed in a car crash, alleging the death was the result of a faulty accelerator and floor mat. The lawsuit accused the company of intentional misconduct and negligence in connection with the death of Ms. Kim Levine’s husband, Jeffrey.

The allegations are that Mr. Levine was driving his late model Toyota Camry when the accelerator pedal became lodged under the floor mat. The vehicle then accelerated to speeds exceeding 90 mph, slammed into the back of a motor home and veered off the highway.

Levine, 48, is seeking unspecified compensation for the emotional trauma experienced by her and the couple’s two sons, and the economic loss resulting from Jeffrey’s death.

“This did not have to happen,” Levine said, explaining her motivation for filing the lawsuit.
She said her two sons, ages 6 and 13, are struggling to cope with the loss of their father, and the strain on her schedule as a single parent has affected her ability to work as a skin care specialist.

The recall reached the U.S. about a month after Jeffrey’s death and named 2005-2010 Toyota Tacomas. Toyota President Akio Toyoda apologized to Congress in February for the deadly defects, which have been tied to 38 lawsuits against the company.

Toyota declined to comment on the suit pending a company wide policy of having no comment to pending litigation.

Toyota has issued a recall for approximately 372,000 Toyota Avalon sedans due to potential steering problems. The recall affects Avalons from the 2000-2004 model years and stems from an “improper casting of the steering lock bar.”

The steering lock bar could crack an eventually break. Should that happen the steering wheel might lock thereby preventing the ability to steer and could lead to a crash or injury, the Car Connection reports. Although there haven’t been any reports of accidents caused by the flaw to date, Avalon owners should be cautious and can contact Toyota at 1-800-331-4331 to have the problem fixed. The recall is scheduled to begin in August.

Toyota has been faced with the recall of multiple product lines for various problems throughout 2010. If you or a loved one has been injured as a result of a problem or defect in a Toyota vehicle you should consider discussing your case with a products liability attorney. The attorneys of Bahe Cook Cantley & Jones are currently litigating cases regarding Toyota problems. To consult with Shawn Cantley about these issues: Shawn's Mail