Personal Injury Litigation Blog

After an ABC News’ report that discussed incidents of Toyota vehicles random acceleration, some of which involved wrongful deaths, the automaker has stopped sales of eight of its most popular models. Dealerships across the United States have been told to suspend sales of the following models:

• RAV4, Corolla, Matrix (2009-2010 Models)
• Avalon (2005-2010 Models)
• Highlander (2010 Model)
• Tundra (2007-2010 Models)
• Sequoia (2008-2010 Models)
• Camry (certain 2007-2010 Models)

The announcement of vehicle sales being stopped comes after ABC News told Toyota that they were about to broadcast the latest in a long series of investigative reports on the acceleration issue and resulting injuries and fatalities. Toyota recently announced a new recall on January 21, 2010 due to gas pedals sticking and being unrelated to floor mats in which some vehicles overlapped from the 2009 recall.

While Toyota investigates the problem with gas pedals becoming stuck, even without a floor mat being present, production has been halted at five different factories. According to an abcnews.go.com article, federal safety investigators have joined in the examination of the gas pedal mechanism to help find a solution to the unexplained and sudden accelerations taking place. Since last fall, when Toyota claimed to have fixed the acceleration problem with a recall of 4.2 million vehicles with supposedly defective floor mats, over 60 new cases of runaway cars have been reported. Although Toyota denied reports of possible electronic problems or on-board computer issues, the proposed redesign of the accelerator pedal did not stop the occurrence of runaway vehicles.

If you have been injured or if someone close to you has been wrongfully killed due to a runaway vehicle or acceleration problem, the skilled Toyota accelerator defect injury attorneys at Panish, Shea & Boyle, LLC can help. The auto product liability lawyers at Panish, Shea & Boyle, LLC have years of experience in personal injury and wrongful death litigation. Contact them today to learn more about your legal rights and options regarding defective auto parts. Call 1-800-591-8116 today to schedule a case evaluation.

Source: http://abcnews.go.com/Blotter/RunawayToyotas/toyota-recall-suspends-sales-models-accelerator-pedals-sticking/story?id=9669621

Separate from the continuing recall of 4.2 million Toyota and Lexus vehicles, Toyota announced a new recall on January 21, 2010 of 2.3 million vehicles for gas pedals becoming stuck without the presence of floor mats. The issue in the previous recall was attributed to loose floor mats; however, the problem with some of those vehicles may be connected to a flawed design of a computerized engine control system without emergency override. As a result of some vehicles suddenly accelerating out of control with or without a floor mat, several individuals have been killed or seriously injured. Toyota said there is an overlap of 1.7 million vehicles that are on the new and on-going recall list.

According to a money.cnn.com article, the new recall relates to certain accelerator pedal mechanisms mechanically sticking in a moderately depressed position or not returning to the idle position quickly enough. Although Toyota has said that this situation is rare, it may occur in worn accelerator pedal mechanisms or gradually over time.

As Toyota determines a solution to the gas pedal problem, owners have been told that they can keep driving their vehicles. In the event of the gas pedal sticking, drivers should apply force firmly and steadily upon the brakes instead of pumping the brakes. Vehicle owners with any questions can call the Toyota customer service line at 800-331-4331. The vehicles affected by the new recall include: 2009-2010 Toyota Rav4, Corolla, Matrix, 2005-2010 Avalon, 2007-2010 Camry, 2010 Highlander, 2007-2010 Tundra and 2008-2010 Sequoia. The Camry Hybrid is not included in the new recall.

Anyone who has been injured or lost a loved one in a car collision caused by a fixed accelerator while driving one of the Toyota models mentioned above should contact the Los Angeles Toyota gas pedal recall lawyers at Panish, Shea & Boyle LLP. Their California auto product liability attorneys may be able to help you recover financial damages for your losses. Contact the California personal injury law firm of Panish, Shea & Boyle LLP today for a consultation.

Source:http://money.cnn.com/2010/01/21/autos/toyota_recall/

After several reports of Toyota vehicles undergoing unintended acceleration, and a resulting  recall of practically four million autos, Toyota has announced that it will install brake override systems by the end of 2010 in all new Toyota, Lexus and Scion vehicles. According to a U.S. News & World Report article, starting this month in January, the Toyota Camry and Lexus ES350 will be the first models to receive the new brake override system.

AutoWeek reported that the new brake override software system will operate by shifting the engine to idle if it detects the driver is trying to apply the brakes without success. The new system will only work for new vehicles. This leaves existing vehicles affected by the Toyota accelerator recall to only have the option of replacing their floor mats and accelerator pedal with a reshaped one.

Although Toyota claims that these incidents were caused by defective floor mats becoming stuck under accelerator pedals, the National Highway Traffic Safety Administration has determined that the floor mats were not necessarily the only problem. Auto manufacturers have the responsibility of not only accurately designing vehicles, but also ensuring that automobiles are properly manufactured and placed on the market without any defective components that may inflict harm upon motorists or passengers.

At Panish, Shea, & Boyle, our experienced automotive defects attorneys understand the serious repercussions of defective auto parts and vehicle recalls. Although many auto recalls help protect consumers, a substantial amount of them occur only after innocent people have been hurt or killed because of the recalled product. If you or a loved one has been affected by these dangerous acceleration pedals or any other auto part defect, please call Panish, Shea & Boyle to find out how we can help. Call 800-591-8116 for a free consultation or visit our website www.psandb.com to learn about our many successful automotive defect settlements and verdicts.

The only two people aboard a Royal Air cargo jet, tail number N720RA, have been killed in a Des Plaines plane crash on January 5, 2010. According to a Chicago Breaking News Center article, the tragic collision took place south of the Chicago Executive Airport in northwest suburban Wheeling. The bodies of the pilot and co-pilot of the Learjet were thought to be found amongst the debris, but they have yet to be identified. The plane is believed to have been empty and on its way to pick up cargo.

Apparently, the plane was cleared to land along runway 34 and was making a normal approach when it went down. The aircraft had departed from the Detroit area. The director of central services for Oakland County, Michigan stated that according to Royal Air, both men aboard the plane were experienced pilots. He said, “I understand they were both commercially rated, which means they were professional pilots, rated in that type of airplane and qualified to take that kind of flight.”

Although the cause of this fatal plane crash was not mentioned at the time the article was published, the senior safety investigator for the National Transportation Safety Board stated, “We will look at the systems, the structure, the engine.” The model 35A plane was manufactured by Gates Learjet Corp. and is a fixed-wing, two-engine craft with seating for 8 passengers and 2 crew members. It is also widely used by cargo companies after the passenger seats are removed. Considered to be one of the safest planes in the sky, a detailed investigation will establish whether a plane component failed, or if pilot error or poor maintenance contributed to the accident.

Family members of aviation wrongful death victims may be able to seek compensation for damages associated with the loss of a loved one. At Panish, Shea & Boyle, our aviation disaster attorneys have a successful track record of holding negligent parties legally responsible for causing wrongful death and catastrophic injury. To learn more about Panish, Shea, & Boyle’s many accomplishments in aviation and wrongful death litigation, please visit www.aviation-disaster-lawyers.com or call 1-800-591-8116 for a free consultation of your plane accident case.

Source:http://www.chicagobreakingnews.com/2010/01/plane-reported-down-in-forest-preserve-near-wheeling-airport.html

The LA Times has reported that three biologists from the California Department of Fish and Game have been killed in a helicopter crash in the Sierra National Forest. The crash which occurred on January 5, 2010 also appears to have claimed the life of the pilot. The biologists were conducting deer surveys in a wooded, remote area near Fresno and the Madera county line.

Authorities stated that the crash took place south of Redinger Lake, California and the explosion following the crash has resulted in a fire. A Madera County Sheriff’s spokeswoman said that the site of the fire is inaccessible, but moisture and light winds have prevented it from spreading rapidly.

At the time of the article’s release, information regarding what specifically caused the helicopter to crash was not provided. Our hearts go out to the families of these biologists and the helicopter pilot.

Helicopter crashes can be devastating and present life-altering consequences for injured victims and their families. Due to the nature of helicopters, many collision victims are either catastrophically injured or killed. A helicopter crash, like the one in the Sierra National Forest, can happen for a variety of reasons, some which can be attributed to negligence. The National Transportation Safety Board may determine that poor helicopter maintenance, human error, or flying with an unsafe load contributed to this helicopter accident in California. If this is the case, then qualifying family members of the deceased victims may be able to file a wrongful death claim. Other factors investigators may consider is whether the helicopter’s gearboxes, engines, or main rotor heads failed and why.

The trial attorneys at the law firm of Panish, Shea & Boyle have extensive experience holding potentially liable parties accountable in helicopter and aviation accidents. Our track record of success in wrongful death and aviation accident cases is unmatched and our helicopter crash attorneys have the knowledge and experience to help helicopter injury victims and their families throughout the state of California and beyond. We understand the many tragic affects a helicopter crash may impose upon a family, which is why we are dedicated to helping our clients receive full and just compensation for their loss and financial difficulties. To learn more about Panish, Shea & Boyle’s many achievements in aviation law, please visit www.aviation-disaster-lawyers.com or call 1-800-591-8116 for a free consultation of your case.

Source:http://www.latimes.com/news/local/la-me-sierra-crash6-2010jan06,0,1206170.story

More than 40 people have been injured in an American Airlines airplane crash.  Flight #331 from Miami skidded across a runway in Jamaica on the night of December 22, 2009. With 148 passengers and a crew of 6 onboard, the Boeing 737-800 airplane experienced heavy turbulence throughout the flight, and then uncontrollably slid along the tarmac in the heavy rain while landing. According to a report, U.S. investigators will determine whether or not the plane should have been landing in such inclement weather, even if other planes had landed safely in the downpour.

Approximately 44 people were transported to hospitals complaining of injuries like back pains and broken bones while four were considered seriously injured. Although two of the accident victims were admitted to the hospital, American Airlines said that nobody endured life-threatening injuries. In relaying what happened aboard the plane, one passenger stated, “All of a sudden, when it hit the ground, the plane was kind of bouncing…someone said that plane was skidding and there was panic.” Apparently, the aircraft came to a halt along a grassy embankment just 10 to 15 feet from the Caribbean.

The result of the skidded impact of the landing caused the left landing gear to crush and the fuselage to crack open in two “significant” spots, separating both engines from the plane. An airline spokesman said that as a safety measure, the engines are designed to separate from the wings during an accident.

The devastating consequences of a crash landing can be catastrophic and leave innocent passengers with serious injuries that may take months, if not years, to fully recover from. In the most tragic of aviation disasters and crash landings, some passengers may be killed, leaving their families to mourn and cope with the loss of a loved one in addition to financial hardship.

The skilled aviation disaster attorneys at Panish, Shea & Boyle have the experience, knowledge and resources to successfully navigate the complicated world of aviation law. Our attorneys have successfully represented clients injured in accidents that were the result of  mechanical failure due to the use of defective or improperly maintained airline equipment as well as accidents that were the result of errors made by pilots or aviation staff. Our track record of success in aviation accident litigation is well established and can be viewed on our website. If you have been injured in a plane accident or crash landing, contact Panish, Shea & Boyle for a case consultation or visit our aviation accident website for more information on how the trial attorneys at Panish, Shea & Boyle can help you.

Aviation Accident Website: http://www.aviation-disaster-lawyers.com/.

Appearing in the Los Angeles Times on November 15, 2009, Best Lawyers magazine has honored Panish, Shea & Boyle LLP in naming the partners of the personal injury plaintiff’s law firm as the Los Angeles area’s Best Lawyers 2010. Within its reputable list of Southern California area attorneys, Best Lawyers has recognized Brian Panish, Adam Shea, and Kevin Boyle collectively and individually for their “decades of work and their legendary aggression” helping obtain justice for those who have suffered catastrophic injury as the result of the negligence of others.

The Best Lawyers article recognizes that Panish, Shea & Boyle will not accept anything other than complete and accurate compensation for their clients who have been harmed by serious injury and financial imbalance due to the negligent actions, and inactions, of corporate and government entities. According to the article, in assisting those who have been afflicted by defective products, dangerous pharmaceuticals, and catastrophic plane, train, and automobile accidents, Panish, Shea & Boyle is an “aggressive firm [that] embraces trial where most others would choose to seek settlement”.

In acknowledging some of the firm’s most recent accomplishments, Best Lawyers notes that the plaintiffs’ lawyers at Panish, Shea & Boyle achieved a multi-million dollar verdict for the parents of a 39-year-old severely mentally and physically disabled man who died from choking when left unattended in a care facility (Don Dino Dominguez v. SCLARC). The firm has also recently assisted a 29-year-old Iraq war veteran obtain a $21 million verdict after being injured in an auto accident after returning home from the war (Nelsen v. Hillyard).

To learn more about the many accomplishments of Panish, Shea & Boyle in seeking justice for those affected by personal injury and wrongful death incidents, please visit http://www.psblaw.com/ or call 1-800-591-8116 if you or your family requires legal assistance from a California personal injury law firm.

A recent article from scientificamerican.com reported on a serious hospital error that has left residents of Los Angeles and citizens throughout the United States shocked and questioning the standard of care provided by hospitals and medical professionals, as well as the quality of medical devices. According to the report, health care workers at the Los Angeles Cedars-Sinai Medical Center are responsible for an error that was made when resetting a computed tomography (CT) scanner. As a result, 206 patients who underwent an x-ray CT scan received eight times the normal dose of radiation during brain scans over an eighteen month timeframe. Shockingly, this mistake remained unnoticed from February 2008 until this August after a stroke patient notified the hospital that he had experienced significant hair loss after having a scan.

Apparently, the CT scan had to be re-set to override the preprogrammed instructions and accommodate new protocol for CT brain perfusion scans so that doctors could properly examine any disruptions in the flow of blood to brain tissue and diagnose strokes. As it turned out, the use of this protocol caused the amount of radiation to be eight times higher than the expected dose.
There is no doubt that radiation exposure is a serious issue, and there is no excuse for hospital professionals to make a mistake that puts trusting and innocent patients at risk of radiation overdose, nor is it acceptable for a defective medical device to go unnoticed by its manufacturers or be used on patients by doctors.

As the skilled CT scan radiation exposure attorneys at Panish, Shea & Boyle, LLP continue to monitor the inaccurately calibrated and potentially defective GE CT scan machines, we advise anyone who has experienced radiation overdose from such machines to contact our firm. Our lawyers are well-versed in product liability, medical malpractice, personal injury, and pharmaceutical litigation, lending us the wide range of legal experience and knowledge that you need to successfully obtain compensation that you deserve from negligent parties. For more information about defective CAT scanners , or if you or a loved one has experienced any ill-effects from such scans, please call Panish, Shea & Boyle, LLP at 1-800-591-8116.

Source:http://www.scientificamerican.com/blog/post.cfm?id=hospital-error-leads-to-ct-scan-rad-2009-10-13

Yaz and Yasmin, a popular form of oral contraception, has recently been scrutinized for findings that show those who use the Bayer Pharmaceuticals drug open themselves up to a variety of health problems that can even lead to death. Although neither Yaz nor Yasmin has been officially recalled by the Food and Drug Administration (FDA), numerous studies have shown that, while users of any birth control pill increase their chances of experiencing health complications, users of Yaz and Yasmin have an even greater chance of experiencing serious health problems. The reasoning for the increased danger in using Yaz and Yasmin lies in one of the active ingredients that they both incorporate.

Specifically, both Yaz and Yasmin contain a hormone known as drospirenone (DRSP). The majority of other birth control pills do not use this hormone, and for good reason. DRSP has been linked to a variety of health ailments. DRSP may increase potassium levels in a Yaz or Yasmin users, and, for those individuals that either have or are susceptible to liver, kidney, or adrenal disease, increased potassium levels can create additional health problems. Users of Yaz and Yasmin have also been documented as suffering from deep vein thrombosis, commonly known as a blood clot. In fact, a study in the Netherlands showed that those individuals that use Yaz or Yasmin increase their odds of suffering from a blood clot by a whopping 6.3 times (although it should be noted that all birth control pills increase blood clot probability, just not as much as Yaz and Yasmin do). Blood clots can be deadly, and those individuals that experience blood clotting as a result of using Yaz and Yasmin may not be able to recover in some instances. Furthermore, Yaz and Yasmin users have also been known to suffer from heart attacks and strokes, both of which may have been caused by the presence of DRSP in Yaz and Yasmin.

The FDA did issue a letter of warning to Bayer Pharmaceuticals, but it doesn’t appear as though the pharmaceutical giant is putting much stake into the warning. As of October 22, 2009, the Bayer website is displaying an article about a study that shows that all methods of oral contraception increase the probability of blood clots occurring in users. This issue, for all intensive purposes, has never been challenged by those afflicted by health ailments resulting from Yaz/Yasmin use. Rather, and what Bayer is failing to point out, is that while the percentage of increased risk of blood clots for those users of Yaz and Yasmin may be comparable to other birth control bills, it is still greater than those birth control pills nevertheless. Bayer, essentially, recognizes that their product is more dangerous than others but is choosing not to make any sort of change to its product.

Yaz and Yasmin use may lead to complications that can result in heart attacks, strokes, and pulmonary embolisms. Even if the risk of injury is only slightly higher than other birth control pills, Yaz and Yasmin have still been shown by studies to increase the likelihood of serious ailments occurring. The Yaz and Yasmin side effect attorneys at Panish, Shea & Boyle are monitoring the Yaz & Yasmin drug situation and are currently investigating Yaz & Yasmin side effect complaints. We represent clients throughout the U.S., as well as globally, and are available 24 hours a day, 7 days a week. Call Panish, Shea & Boyle today at 800-591-8116 for more information about your Yaz or Yasmin personal injury case.

According to a recent report by the Canadian Broadcasting Corporation, the helicopter wreckage from the August 8, 2009 mid-air crash that took the lives of nine people was recently found and excavated from the Hudson River.  Recovery teams have also located the plane involved in the helicopter crash, and are working towards recovering the aircraft from the murky waters of the Hudson.  According to Debbie Hersman, chief of the National Transportation Safety Board (NTSB), “…hopeful they’ll be able to pull up” the plane soon.

The wreckage of a helicopter is lifted by crane from the Hudson River. (Seth Wenig - AP)

The small plane was carrying only two passengers in addition to the pilot, while the helicopter was carrying a total of six people, pilot included.  All but two of the bodies have been recovered.  Both pilots were experienced, and pre-existing medical conditions that may have contributed towards causing the crash were not known to afflict either.  According to the NTSB, “the investigation into the crash is expected to take months.”

Though there has not yet been official word as to the cause of the aviation accident, it was reported by witnesses that the plane clipped the helicopter with its wing, thus causing the pilots of both aircraft to lose control.  It has been widely criticized that the airspace over the Hudson River is not monitored well enough, and that the probability of accidents occurring is relatively high as a result.  Furthermore, according to the NTSB, federal oversight of helicopter tours is not rigorous enough, and it can therefore be speculated that this lax regulatory watch may have contributed to causing the accident as well.

The attorneys at Panish, Shea & Boyle are monitoring new developments regarding this air disaster as they unfold. Our skilled Los Angeles aviation disaster attorneys have experience handling cases involving charter plane accidents, private plane accidents, commercial airlines and helicopters. We have taken leadership roles in high profile aviation disaster cases and have the resources and knowledge to handle yours. For more information, please contact the Los Angeles personal injury lawyers at Panish, Shea & Boyle at 1-866-992-1700.