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Posts tagged "product liability"

Harris County Woman Files Lawsuit After Door Malfunction Causes Severed Finger

On March 30, 2020, a Harris County woman filed a complaint in the Harris County District Court against BKD Twenty-One Management Company, Inc. doing business as Brookdale Plaza West University, the manager of the subject premises, Brookdale Employee Services, LLC, HCP HB3 West University Houston TX GP, LLC, among others. The woman brought multiple causes of action against the defendants, including premises liability and negligence.

Tesla Sued After Its Autopilot System Accelerated into Vehicles Pulled Over on an Expressway in Japan

The widow and daughter of a 44-year-old Japanese man recently filed suit against Tesla, Inc. after one of the company's Model X cars operating on "Autopilot" crashed into a group of people and vehicles on the side of an expressway near Tokyo, Japan, killing the man. According to the Complaint, the driver of the Tesla, who as relying on the Autopilot system, had dozed off shortly before the crash. When a vehicle ahead changed lanes to avoid the people and vehicles on the side of the road, the Model X failed to detect the group on the side of the road, accelerated, and ran directly into them.

The Food and Drug Administration States That the Use of At-Home COVID-19 Tests Poses Serious Risk of Harm and Cautions Against At-Home Test Use

The Food and Drug Administration, or "FDA," is cautioning consumers against the use of COVID-19 tests designated for use at home. The FDA states that it has not authorized any form of COVID-19 diagnostic tests for at-home use, nor has it endorsed any prevention or treatment claims made by U.S. companies. Further, the FDA has actively prohibited many companies from marketing their at-home test kits in an effort to safeguard the public, including Austin, Texas' Everlywell, and San Francisco, California's Nurx.

FDA Issues Warning about Malfunctioning EpiPens

On March 24, 2020, the FDA issued a warning alerting patients, caregivers, and health professionals that the auto-injectors in the EpiPen 0.3mg and the EpiPen Jr. 0.15mg, and the authorized generic versions, may have injection problems that can cause serious injury or death due to delayed treatment.

Patient Receives $12.75M after Device Breaks during Brain Surgery

Michael Brassloff was 71 years old when he underwent surgery to remove a benign tumor at Thomas Jefferson University Hospital. During the procedure, the two-millimeter tip of a carbon dioxide-cooled laser probe snapped off after it was inserted through a hole in Mr. Brassloff's skull. As a result, the pressurized carbon dioxide drilled directly into Mr. Brassloff's brain. The force was eight times more powerful than that of a nail gun.

Ikea Recalls 820,000 Dressers Due to High Risk for Tip Over Injuries and Fatalities

Ikea is recalling its dangerous dressers, again. This time it is a three-drawer Kullen dresser that puts small children in danger of being crushed due to the dresser's high risk for tip over. There are at least 9 known cases where a child was fatally injured after one of these dressers tipped over. Dozens of children have been injured as well.

Austin Woman Files Lawsuit Against Firearms Dealer After Defective Pistol Causes Permanent Injuries

On February 18, 2020, a woman filed a complaint in the U.S. District Court for the Western District of Texas Austin Division against J&G II, Inc. d/b/a J&G Sales LTD, a firearms dealer, after suffering permanent injuries because the pistol sold by the dealer spontaneously discharged. The woman alleges causes of action for products liability, negligent marketing, and breach of implied warranties, among others in her complaint.

Class-Action Lawsuit Filed Against Evenflo Company, Inc. for Making Misleading Safety Claims Regarding Its "Big Kid Booster Car Seat"

A California man has filed a nationwide class-action lawsuit against Evenflo, alleging that Evenflo sold its "Big Kid Booster Car Seat" with misleading advertising and safety claims. The lawsuit alleges that Evenflo advertised its car seat as "side-impact tested" and safe for children weighing less than 40 pounds. However, Evenflo's testing actually revealed that a side-impact collision was likely to lead to the serious injury or death of the occupant.

Infant Sleepers Recalled Because of Risk of Suffocation

Graco, Summer Infant, Evenflo, and Delta Children are recalling more than 165,000 infant sleepers because they pose a risk for suffocation for babies. The recall notices posted on the U.S. Consumer Product Safety Commission website state, "Infant fatalities have been reported with other manufacturers' inclined sleep products, after the infants rolled from their back to their stomach or side, or under other circumstances." Parents are advised to immediately stop using the products and to contact the companies for refunds. There have not been any reported deaths related to the newly recalled products; however, at least 73 infant deaths have been linked with the inclined infant category.

Mercedes Recalling More Than 750,000 Vehicles

Mercedes is recalling more than 750,000 vehicles due to detaching sunroofs, which have led to road hazards and accidents. The cars being recalled include the Mercedes-Benz's C-Class, E-Class, CLK-Class, and the CLS-Class, made between 2001 and 2011. Each of these vehicles came with an optional sunroof. However, according to the National Highway Traffic Safety Administration, the bonding material used with the sunroofs deteriorates, causing them to detach.

  • $50+ Million Personal Injury Fire and Explosion

    The firm successfully represented nearly 100 victims who suffered personal injuries and damages to property from a large fire and explosion resulting in a settlement of more than $50 million. The firm served as lead lawyers on the steering committee in this litigation.

  • $80 Million Personal Injury Large Plant Explosion

    The firm successfully represented 270 plaintiffs, taking a lead role in the plaintiffs’ steering committee, who suffered injuries in a large plant explosion resulting in a settlement of nearly $80 million.

  • $50+ Million Personal Injury Plant Fire and Explosion

    The firm successfully represented 45 personal injury victims in a plant fire and explosion, serving on the plaintiffs steering committee, concluding with a settlement of more than $50 million.

  • $22+ Million Personal Injury Work Site Accident

    The firm prevailed in a personal injury trial for a worksite injury client with the jury returning a verdict and resulting in a judgment of over $22 million for the firm’s client.

  • $12 Million Auto Accident 18-Wheeler Collision

    The firm successfully achieved a $12 million settlement for the family of a man who died in an 18 wheeler collision.

  • $30 Million Personal Injury Burn Victims

    The firm prevailed on behalf of three burn victims with settlements totaling nearly $30 million.

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