Civil Justice System Spurs Auto Safety Innovation

Lori Andrus and Jennie Anderson, both active members of the American Association for Justice (”AAJ”), support AAJ’s efforts to make vehicles safer.  A new AAJ report shows how design defect litigation has led to safer vehicles.  The AAJ press release reads:

Washington D.C.—As the fallout from Toyota’s sudden acceleration fiasco continues, a new report released today by the American Association for Justice (AAJ) illustrates how similar vehicle design defects, when brought to light by the civil justice system, have spurred innovations in auto safety.

The report explains that since the 1960s, design defect litigation has enforced safety standards, revealed previously concealed defects and regulatory weaknesses, and deterred manufacturers from cutting corners on safety for the goal of greater profits.

“Runaway Toyotas may be front-and-center today, but unfortunately, this scenario has been repeating itself for decades,” said AAJ President Anthony Tarricone. “And if history is any judge, the litigation brought against Toyota will inevitably make the company more responsible and responsive to problems, and ultimately safer for consumers.”

For example, auto safety litigation was critical in forcing American manufacturers to install safer power window controls following multiple deaths of children. While a Texas mother spoke with her husband through the driver’s side window of a Ford F-150, her three-year old daughter leaned out of the passenger’s side window and accidentally hit the “rocker” style switch, causing the window to close and strangling the child to death.

Manufacturers were well aware of the risks of rocker switches inadvertently closing if a child leaned on one (in 2004, seven children died in the span of three months) and even installed safer “pull-up” switches in the cars they offered to foreign markets. But it took litigation for manufacturers to install safer switches in domestic cars, since the National Highway Traffic Safety Administration had no rules governing power window safety.

Other safety improvements included in the report that were promoted by the civil justice system include life-saving repairs to vehicle gas tanks, seat belts, side impact design, roof strength, tires, electronic stability control, door latches, air bags, power windows and seats.

Click here to download the report, entitled “Driven to Safety: How Litigation Has Spurred Auto Safety Innovations.”

###

As the world’s largest trial bar, the American Association for Justice (formerly known as the Association of Trial Lawyers of America) works to make sure people have a fair chance to receive justice through the legal system when they are injured by the negligence or misconduct of others—even when it means taking on the most powerful corporations. Visit http://www.justice.org/newsroom.

The New York Times Investigates Reported Side Effects of Yaz/Yasmin Birth Control Pills

On September 25, 2009, The New York Times published an article entitled Health Concerns Over Popular Contraceptives, exploring reported side effects associated with the popular birth control pills, Yaz and Yasmin.  Reported side effects of Yaz and Yasmin include blood clots (including deep vein thrombosis and pulmonary embolism), gallbladder disease, heart attack, stroke, kidney failure, liver failure or cardiac arrhythmia.  The primary concern with Yasmin and Yaz is that the active ingredient, drospirenone, increases potassium in the blood to dangerous levels. 

AA LLP represents women who have suffered one or more of the above-listed events after taking Yasmin or Yaz birth control.  For more information on the potential dangers of Yasmin and Yaz, or to have your case evaluated by an AA LLP attorney, please click here.

AA LLP’s Jennie Lee Anderson Among Faculty At Litigating Toxic Tort, Pharmaceutical and Medical Device Cases Seminar

On September 24-25, AA LLP partners Lori E. Andrus and Jennie Lee Anderson attended the American Association for Justice’s Litigating Toxic Tort, Pharmaceutical and Medical Device Cases Seminar in Las Vegas, Nevada.  On September 25, Ms. Anderson moderated the program, which included insightful presentations on a variety of pharmaceutical and medical product cases that AA LLP is actively litigating or investigating, including Avandia, Hydroxycut, Paxil Birth Defects and Gadolinium-based MRI contrast agents.  If you believe that you or a loved one has been injured in connection with use of a pharmaceutical or medical device, please click here to have your case reviewed by an AA LLP attorney.

Andrus Anderson Achieves Nationwide Class Action Settlement In Connection With Honda and Michelin PAX System Litigation

Andrus Anderson LLP announces that on June 23, 2009, the Honorable Roger W. Titus entered an Order granting final approval of a nationwide settlement in a consumer class action, which was filed on behalf of Plaintiffs from various States against Defendants, American Honda Motor Co., Inc. (“Honda”) and Michelin North America, Inc. (“Michelin”). The litigation involves the marketing and sale of certain Honda and Acura Vehicles equipped with Run-Flat Tires (“Vehicles”).  The Settlement was negotiated over a number of months with the assistance of a nationally recognized mediator on behalf of Plaintiffs in all of the pending cases and on behalf of a proposed nationwide class with Honda and Michelin.  
 
For settlement purposes, the Court certified a nationwide class consisting of all person or entities who currently own or lease, or previously owned or leased, a Honda Odyssey Touring edition model or Acura RL model equipped with the “Technology Package,” which included Michelin’s PAX® Tire and Wheel Assembly in the United States. Excluded from the class are Defendants, Defendants’ employees, officers and directors, and the Judge to whom this Action is or has been assigned. For a copy of the Court’s Order Preliminarily Approving the Settlement and the Settlement Agreement, please click on the appropriate links below.  A detailed explanation of the relief under the Settlement can be found in the Class Notice. To view a copy of the Class Notice, please click here.  To submit a claim in connection with this settlement, click here to down load a copy of the claim form which should be submitted by mail as directed.

Andrus Anderson Investigating Hydroxycut Injuries

Andrus Anderson LLP is investigating potential cases involving users of Hydroxycut® products who have experienced health problems that may include Rhabdomyolysis (muscle damage that can lead to kidney failure and other health problems), death, cardiovascular symptoms, hypertension, elevated liver enzymes (that can indicate liver failure), kidney failure and seizures.

If you would like to discuss Hydroxycut® cases, associate with us or refer cases to us, please contact attorney Lori Andrus at lori@andrusanderson.com.

Supplement Recall

On May 1, 2009, the FDA issued a consumer advisory that warned consumers to stop using Hydroxycut® products immediately, citing 23 reports of serious health problems and one reported death associated with use of Hydroxycut® products.  Reports of liver damage involved individuals taking the label’s recommended dosage.  Hydroxycut® products are distributed by Iovate Health Sciences USA Inc.  Iovate initiated a voluntary recall when it became aware that the FDA’s safety assessment differed from its own analysis.

Although the reports of serious health problems do not apply to all Hydroxycut® products, Iovate has issued a recall for the following 14 items:

*    Hydroxycut Regular Rapid Release Caplets
*    Hydroxycut Caffeine-Free Rapid Release Caplets
*    Hydroxycut Hardcore Liquid Caplets
*    Hydroxycut Max Liquid Caplets
*    Hydroxycut Regular Drink Packets
*    Hydroxycut Caffeine-Free Drink Packets
*    Hydroxycut Hardcore Drink Packets (Ignition Stix)
*    Hydroxycut Max Drink Packets
*    Hydroxycut Liquid Shots
*    Hydroxycut Hardcore RTDs (Ready-to-Drink)
*    Hydroxycut Max Aqua Shed
*    Hydroxycut 24
*    Hydroxycut Carb Control
*    Hydroxycut Natural

Supplement History

Hydroxycut® products are heavily advertised dietary supplements, energy enhancers and fat burners that are widely distributed and, according to the FDA, sold more than 9 million items in 2008.  Although Hydroxycut® products contain a variety of ingredients and herbal extracts, the FDA has not identified the ingredients, dosages or other health-related factors that may be associated with an increased risk of liver damage and other health problems.

Related Injuries

Symptoms of liver damage and other health problems associated with Hydroxycut® use may include:

*    Jaundice (yellowing of skin or whites of the eyes)
*    Brown urine
*    Light-colored stools
*    Nausea or vomiting
*    Excessive fatigue and weakness
*    Stomach or abdominal pain
*    Itching
*    Loss of appetite

As the manufacturer of dietary supplements, Iovate is required by the Dietary Supplement Health and Education Act of 1994 to ensure product safety before placing it on the market, but the product does not undergo FDA approval.  Once a product is on the market, the manufacturer must report adverse events to the FDA within 15 days.

U.S. Supreme Court Upholds Consumers’ Rights In State Courts

Andrus Anderson LLP lauds a decision by the U.S. Supreme Court in Altria v. Good to deny immunity for cigarette manufacturers who violate state consumer protection laws with false claims of lowered tar and nicotine.

Partner Lori Andrus agrees with the statement issued by the America Association for Justice (www.justice.org): “Today’s decision is a victory for consumers and affirms that cigarette manufacturers cannot claim immunity from consumer fraud when they claim their products have lowered tar and nicotine levels, even though they do not. State laws have an important role to play in helping the federal government police false claims, and today’s decision supports that role.”

“We hope that the court continues to look at claims of corporate immunity from the perspective of consumer health and safety and continues to support the rights of consumers to get justice through the courts.”

To view the full Supreme Court opinion, click here.

New Report Shows How Drug Industry Immunity Would Endanger Women - U.S. Supreme Court to Decide Major Case Soon

New York - A new report released today by the national consumer rights group Center for
Justice & Democracy finds that many of this country’s dangerous government-approved drugs and devices have been marketed specifically for women. Many of these products were removed or made safer only after women filed lawsuits.

The release of the report, THE BITTEREST PILL – How Drug Companies Fail To Protect Women and How Lawsuits Save Their Lives, comes less than a week before the U.S. Supreme Court hears arguments in Wyeth v. Levine, widely considered to be one of the court’s most important decisions this term. The Court will hear arguments on November 3 whether to afford the drug industry unprecedented legal immunity for causing injuries or death, despite negligent or irresponsible behavior.
“This report tells the story of the hyped marketing to women of a disproportionate number of unsafe drugs and devices resulting in countless deaths and injuries,” said report co-author Joanne Doroshow, Executive Director of the Center for Justice & Democracy. “Many times, these dangers were only known, or in some cases products pulled from the market, after women and their families filed lawsuits. As a result, the lives of countless other women have been saved. Blanket immunity for drug companies would be devastating for American women of all ages.” “Women have been hurt many times over the years by FDA-approved drugs, whether because drug companies withheld information and lied about health risks, or because the FDA has lacked the resources or political will to keep dangerous products off the market,” said Cynthia Pearson,
Executive Director of the National Women’s Health Network. “This report from Center for Justice & Democracy documents the devastating consequences of these regulatory failures and shows how women who have been hurt by unsafe drugs have used lawsuits to bring critical information to light, protecting other women from suffering similar harm.”

THE BITTEREST PILL examines the history of a variety of products including many types of birth control methods and hormone therapies, as well as lactation and acne drugs. Said report coauthor Amanda Melpolder, “This report clearly shows how the health and safety of women have greatly benefited from lawsuits over these products. As new drugs and devices are developed and marketed, it is imperative that women have the safest and most effective products available. That means making sure corporations are held legally accountable for causing injuries.”

Get Out of Jail Free: How the Bush Administration Helps Corporations Escape Accountability

The United States Supreme Court and Congress are currently facing critical issues that—depending on how they are resolved—could provide negligent corporations complete immunity from lawsuits.

It’s called “federal preemption,” and it refers to situations in which federal regulation trumps state law. And, perhaps most surprising, Americans and many policymakers have never heard of it. When viewed through the context of unsafe products, preemption of state law means complete immunity from lawsuits for corporations and a full escape from accountability when they have knowingly injured and endangered Americans. The civil justice system offers corporations a powerful incentive to make their products safer. All people should have a fair chance to receive justice through the legal system when they are injured by the negligence or misconduct of others—even when it means taking on the most powerful corporations.

The American Assocation for Justice recently released a series of documents that detail how helping negligent corporations escape accountability has been a top priority for the Bush Administration. The documents were obtained through repeated Freedom of Information Act requests by AAJ and reveal how the Bush Administration has silently ordered federal agencies to usurp state law and consumer protections.

You can obtain a copy of the AAJ report (titled “Get Out of Jail Free: A Historical Perspective of How the Bush Administration Helps Corporations Escape Accountability”) by clicking here.