Wednesday, April 23, 2014

Louisiana children’s hospital sued over fungal infection outbreak

The New Orleans Times-Picayune reports that five years “after five patients died with a deadly fungal infection they received from hospital linens, Children’s Hospital officials on Thursday began contacting the families to inform them their loved ones were affected by the outbreak.” Dr. John Heaton, medical director for the New Orleans pediatric hospital, “said during an organized press conference that the hospital did not act appropriately with respect to informing families of patients of the outbreak, which lasted from August 2008 to July 2009. ‘Regrettably, it’s become clear that, while we made an extraordinary effort to identify and contain this infection, we did not make an extraordinary effort to communicate with our families and disclose the nature of this illness,’ Heaton said. ‘It’s personally appalling to me that we find that some of the families are finding out that their child was involved in this outbreak by reading the newspaper.’”


We believe that obtaining legal satisfaction from those who harmed you shouldn’t require more hardship. That’s why we do everything we can to streamline the process, and we will file a lawsuit on your behalf if necessary. If you or a loved one has been affected by Medical Negligence, contact Chhabra & Gibbs today by going to www.cglawms.com or by calling this number: 601-948-8005.

Monday, April 21, 2014

Tech who falsified mammogram results found guilty

A former radiology technician from Georgia has been sentenced to jail for faking the mammogram results of more than 1,200 women. Fox News says:

"Rachael Rapraeger will spend six months in prison. She pleaded guilty to entering more than 1,200 mammograms as negative."

But The Telegraph reports 10 of those women actually had cancer, two of whom have since died. And doctors at Perry Hospital, where Rapraeger used to work, never even reviewed the mammograms. It's unclear why they wouldn't have looked at those mammograms.

One of those 10 women who actually did have cancer is Sharon Holmes. CNN says Holmes discovered she had breast cancer two months after Rapraeger falsified Holmes' mammogram results in 2009.

Holmes has now been in remission for three years and spoke directly to Rapraeger while on the stand, saying, "You could have made a different decision, and my family and I would not be living this nightmare."

WMAZ quotes Holmes, who says: "I'm not a name on a piece of paper; I'm a person. And I think she will remember me."

According to KAEF Rapraeger's attorney told the judge his client was overwhelmed at work and that she falsified the results to get caught up. He added that she wasn't supervised properly.

Although she initially pleaded not guilty, Rapraeger ended up taking a plea deal and pleaded guilty to 10 counts of reckless conduct and one count of computer forgery.

WMAZ says Judge Katherine Lumsden reprimanded Rapraeger when handing down the sentence.

"You played Russian roulette with the lives of essentially a thousand women in this community."
Rapraeger has been sentenced to 12 months probation for each one of the 10 sentences and up to six months in a state detention center when space is made available. She is also not allowed to work in the health care industry for the next 10 years.


We believe that obtaining legal satisfaction from those who harmed you shouldn’t require more hardship. That’s why we do everything we can to streamline the process, and we will file a lawsuit on your behalf if necessary. If you or a loved one has been affected by Medical Negligence, contact Chhabra & Gibbs today by going to www.cglawms.com or by calling this number: 601-948-8005.

Thursday, April 10, 2014

Japan drug maker Takeda to fight $6 billion damages awarded by U.S. jury

Takeda Pharmaceutical Co Ltd said it would contest $6 billion in punitive damages imposed by a jury in the United States in a case that accused Japan's largest drug maker of concealing cancer risks associated with its Actos diabetes drug.

Eli Lilly and Co, Takeda's co-defendant in the case, was ordered to pay $3 billion in punitive damages by the jury in Louisiana on Monday. It also awarded $1.475 million in compensatory damages.

Legal experts said it was unlikely that such a large award would stand after challenges in court by both companies. Eli Lilly and Takeda have said they would dispute the verdict, which could include appeals to a higher court or filing motions asking the trial judge to set aside or reduce the verdict.

"Although there's no mathematical bright line" to determine how high is too high when it comes to punitive damage awards, federal appeals courts generally scrutinize the ratio of punitive to compensatory damages, preferring those that fall into the single-digit range, according to Professor Catherine Sharkey, a tort law expert at New York University School of Law.

Punitive damages are meant to discourage companies from bad conduct. Compensatory damages are meant to pay victims for their actual losses. With a ratio of more than 6,100 to 1 of punitive to compensatory damages, the Actos award could be highly vulnerable.

"It's definitely the case that the U.S. Supreme Court has signaled to lower courts that they should be restraining very large punitive awards," Sharkey added.

Lilly, which co-promoted Actos from 1999 to 2006, said in a press release it will be indemnified by Takeda for its losses and expenses around the litigation based on the terms of its agreement with Takeda.

Takeda's shares fell as much as 8.8 percent to an eight-month low in Tokyo trading on Tuesday after the verdict. The stock ended 5.2 percent lower at 4,572 yen.

Lilly shares fell 0.2 percent, or 12 cents per share, to $58.50 per share in New York Stock Exchange trading.

The massive award was met with "stunned silence" in the Lafayette, Louisiana, courtroom, plaintiffs' lawyer Mark Lanier said.

Lanier acknowledged it was not certain whether the damages award would be sustained.
"Nobody has gone out and bought a new home," Lanier said.  "This is a conservative judge and a conservative court and she's very 'balls and strikes.' We're not under any grand illusion."

The $9 billion in punitive damages awarded by the jury against Takeda and Eli Lilly exceed the $5 billion penalty that a jury in Alaska imposed on Exxon Mobil Corp for the Exxon Valdez oil spill in 1989.

The U.S. Supreme Court ruled in 2008 that the previous Exxon Valdez award had been "excessive." The company was ultimately ordered to pay $500 million. That and other rulings have been read as limiting punitive damages in federal cases.

Lanier said the jury deliberated for only an hour and 10 minutes to deliver its verdict finding liability on all 14 questions, and 45 minutes longer to come out with the multibillion-dollar punitive damages.

The allocation of liability for compensatory damages was 75 percent for Takeda and 25 percent for Lilly, according to Lilly.

Takeda said judgments were entered in Takeda's favor in all three previous Actos trials, while this was the first federal case to be tried in a consolidated multidistrict litigation comprising more than 2,900 lawsuits.

Last May, a U.S. judge had nullified a separate jury verdict for $6.5 million against Takeda after ruling that the plaintiffs failed to offer any reliable evidence that Actos had caused cancer.

Germany and France suspended use of the drug, a multibillion-dollar seller, in 2011 because of concerns about a possible link to cancer.

The case is In Re: Actos Products Liability Litigation Case U.S. District Court, Western District Louisiana, No. 6:11-md-2299.


We believe that obtaining legal satisfaction from those who harmed you shouldn’t require more hardship. That’s why we do everything we can to streamline the process, and we will file a lawsuit on your behalf if necessary. If you or a loved one has took Actos and later got bladder cancer, contact Chhabra & Gibbs today by going to www.cglawms.com or by calling this number: 601-948-8005.

Monday, April 7, 2014

Criminal charges urged in GM defect probe

The AP reports that the families of “those who died in General Motors cars with defective ignition switches want prosecutors to go after GM insiders responsible for letting the problems fester for more than a decade – and perhaps for covering them up. ‘The only way the public is going to be protected from this negligence by companies is if there will ultimately be prison sentences,’ said Leo Ruddy of Scranton, Pa., whose 21-year-old daughter Kelly was killed in 2010 when her Chevrolet Cobalt veered inexplicably off the highway and crashed.” Family members “attended hearings in Washington last week that stoked those sentiments,” as lawmakers “confronted GM CEO Mary Barra with what they said was evidence that, in 2006, a company employee intentionally tried to conceal the switch problem,” and the “head of the nation’s auto safety watchdog said GM withheld critical information that connected the failing switch to air bags that didn’t deploy in a crash.”

Reuters reports that Sen. Claire McCaskill said on Sunday that GM should make restitution to the families of victims and possibly face criminal charges if warranted. McCaskill said on ABC’s “This Week” that GM faces “a real moment of truth” in its internal probe of the malfunctions. When asked on the show about possible criminal charges against individual company officials, McCaskill said, “You know we had the Citizens United case where our Supreme Court said corporations are people ... but if in fact they are people, there needs to be some criminal accountability depending on what the facts of the investigation show. I know the Justice Department is taking a hard look at this.”

McCaskill said on ABC’s This Week , “You don’t need an investigation to understand that they had a defective switch and someone at GM in the engineering department changed that switch and didn’t change the part number. There is no reason to keep the same part number unless you’re trying to hide the fact that you’ve got a defective switch out there that in fact ended up killing a number of people on our highways.”

GM to compensate victims of defective vehicles.

TIME reports General Motors chief executive Mary Barra last week testified before Congress that “the company is considering compensating families” of the 13 people who died in accidents caused by faulty ignition switches in its Cobalt and other small-engine vehicles. For advice “on possible compensation,” GM “tapped attorney Kenneth Feinberg, who is known for helping distribute cash to 9/11 families and those affected by the Boston Marathon bombings.” Time faults the National Highway Traffic Safety Administration, which didn’t launch a formal investigation into the ignition switch issue in 2007, and GM, which decided “not to replace the switch in 2005 at a cost of about $1 per car.” GM has “apologized but has done little to address perceptions of company negligence or propose a solution so it doesn’t happen again, says University of Southern California marketing professor Ira Kalb.”

Owners of recalled GM vehicles in Maine continue driving as replacement parts are unavailable. The Portland (ME) Press Herald reports that Maine drivers with recalled GM vehicles are anxious or confused “because GM announced the recall in stages” since February 13. Pointing out that “GM has admitted to knowing about” the ignition-switch problem “for a decade,” the story says that Maine’s GM dealers have had to inform owners “to call back later because replacement parts for the faulty switches aren’t yet available.” In Maine alone, “there are 4,775 Cobalts registered ... including 148 in Portland.” According to the report’s portrayal of the average driver of a recalled GM vehicle, most GM owners are electing to continue using their vehicles, albeit cautiously.

GM delivers 200,000 documents to NHTSA. Reuters reports with continuing coverage of the General Motors’ recalls and the Federal investigations into the automaker. The article says that GM handed over 200,000 pages of documents to NHTSA on Thursday, in addition to giving answers on 65 percent of the safety agency’s 107 questions that NHTSA wants clarified, according to GM spokesperson Greg Martin. A statement from NHTSA does not mention when the agency might make those documents available to the public, but the statement confirmed, NHTSA would “take appropriate action based on the agency’s review.” The report also mentions that this past week, GM CEO Mary Barra was under fire from a House panel that accused GM’s corporate culture of misconduct in covering up any awareness of a defect.

CNN’s Money reports, the documents GM provided “are expected to shed light on the number of people who have been killed in accidents caused by problems with the defective ignition switch.” As for a timetable for when NHTSA might make the documents public, the article notes that the agency “said it will probably spend weeks going through the filings and removing any information that shouldn’t be made public, such personal information about any of the crash victims.”

Texas judge demands GM provide more information on recalled vehicles. Bloomberg News reports that at a Federal court hearing yesterday in Corpus Christi, Texas US District Judge Nelva Gonzales Ramos directed GM “to provide more explanation for why she shouldn’t force it to tell drivers of 2.59 million recalled small cars to ‘park it’ until faulty ignition switches are fixed.” Reuters has similar coverage.

The New York Times reports that GM claims that the 2.6 million cars it recalled for faulty ignition switches “are safe as long as extra items are removed from the key ring,” but “some consumer advocates and lawmakers have urged G.M. to warn owners not to drive the cars until they are fixed, saying that they still pose a danger.” Mentioning Ramos’ having “refrained from ruling on an emergency motion,” the article goes on to pose and answer several questions about the GM recall, including answers to “When can I get my car fixed?” and “Is my car safe to drive until it’s repaired?”

GM dealers ready for “onslaught” of recall-vehicle returns. Bloomberg News reports that with GM having received such bad press in the past few weeks, “GM dealers are gearing up for an onslaught of owners returning to their stores next week to receive repairs on the 2.59 million cars the automaker has recalled for faulty ignition switches.” In both the headline and the report, Bloomberg News characterizes the GM dealers “as therapists to customers,” especially as customers call in “with worries about the flaw.”


We believe that obtaining legal satisfaction from those who harmed you shouldn’t require more hardship. That’s why we do everything we can to streamline the process, and we will file a lawsuit on your behalf if necessary. If you or a loved one has been affected by this recall, and you believe it caused an injury, contact Chhabra & Gibbs today by going to www.cglawms.com or by calling this number: 601-948-8005.

Thursday, April 3, 2014

Senate panel hears testimony from General Motors CEO

After appearing before a House panel on Tuesday, General Motors CEO Mary Barra appeared before a Senate Commerce Committee subcommittee Wednesday to discuss GM’s handling of a faulty ignition switch in some of its vehicles which has been linked to the deaths of 13 people. Coverage of Barra’s Senate testimony is much lighter than that of her House testimony. Only two of the three networks covered it Wednesday evening and there is less print coverage this morning. Generally, the coverage portrays the Senate hearing as more harsh than the House hearing, with many reports noting that senators accused GM of covering up the defect and were skeptical of Barra’s claims that GM’s culture has changed from that of the “old GM.”

The CBS Evening News reported that senators accused GM “of covering up a defect that has killed at least 13 people.” CBS added that Barra faced “many questions,” including why “no one has been dismissed over the delayed recall.” CBS also noted that while Barra “says the recalled vehicles are still safe to drive as long as drivers use the key only,” on Friday, a Federal judge in Texas “will hear a request that all the recalled vehicles be parked immediately.”

NBC Nightly News reported that Barra “came under withering attack for the company’s failure to order a recall over a decade ago.” In addition, GM was “accused of criminal behavior by US senators, many of them former prosecutors.” NBC added that Barra “still could not answer basic questions about GM policies and a decade delay in ordering an ignition switch recall.” NBC added that a “smoking gun” may be an “internal GM document obtained by NBC News authorizing a redesign to the defective part of the ignition switch for new cars in 2006.” In addition, “a House investigation has turned up more internal GM documents that cited high costs as a reason for not ordering fixes way back in 2005.” According to NBC, the Justice Department “has launched its own criminal investigation” into the matter.

The New York Times reports that the tone of the Senate hearing was “much harsher” as “senators more aggressively questioned Ms. Barra’s contention that the cars are safe to drive and doubted her statement that the company had moved from a culture of cost-cutting to one of safety and a focus on the consumer.” Barra “frequently simply sat and listened as the senators scolded her and the company.” She “frequently drew the ire of the senators when she repeatedly did not answer questions, saying either that she did not know or noting that an internal investigation was underway.” The panel also heard testimony from acting NHTSA administrator David J. Friedman and the Transportation Department’s inspector general, Calvin L. Scovel III.

The Wall Street Journal reports that as Barra sought to distance GM from the “old GM,” she was met with harsh attacks from senators who were clearly skeptical about how different the current company is from the one that developed the faulty cars. The Journal notes that Sen. Richard Blumenthal told Barra that if she were serious about breaking with the “culture” of the old GM, she would agree to compensate those victims whose claims came before GM’s bankruptcy and warn owners of cars with potential faulty ignition switches that “they should not drive them until they are fixed – because they are unsafe.”

McClatchy reports that Barra “withstood a barrage of questions and accusations” from senators “demanding to know how the automaker could have failed to fix the ignition switch for more than a decade.” Some “voiced skepticism about Barra’s candor in denying that she knew about the problem until Jan. 31 and in promising that the new GM, the one bailed out by taxpayers in 2009, ‘will do what’s right.’”

Reuters also describes Barra as under attack during the hearing in which senators accused GM of “criminal” behavior and “a culture of cover-up.”

A separate story in the New York Times reports that for the families of people killed in accidents involving the recalled GM cars, what is “most upsetting” is “the fact that G.M. won’t tell them what they most want to know.” GM has “refused to disclose publicly the list of the confirmed victims,” and the “enduring mystery has left scores of grieving families playing a guessing game.” The families and their attorneys “are running up against a technological reality beyond G.M.’s narrow definition of victims: Because many of the cars and their so-called black boxes were damaged or destroyed, there may not be enough evidence left from the crashes to prove what happened.”

Customers suing for “park-it” order on GM cars

Bloomberg News reports that US District Judge Nelva Gonzales Ramos will “consider forcing the company to adopt what the customers call a ‘fail-safe solution’ to prevent further accidents while the switches are replaced.” Bloomberg reports that the “park-it” order was submitted along with a class-action lawsuit seeking $10 billion from GM, claiming that the cars are “too dangerous to drive.”


We believe that obtaining legal satisfaction from those who harmed you shouldn’t require more hardship. That’s why we do everything we can to streamline the process, and we will file a lawsuit on your behalf if necessary. If you or a loved one has been affected by this recall, and you believe it caused an injury, contact Chhabra & Gibbs today by going to www.cglawms.com or by calling this number: 601-948-8005.

Wednesday, April 2, 2014

GM CEO testifies before Congress

General Motors CEO Mary Barra’s testimony before a House subcommittee on Tuesday led all three network news broadcasts Tuesday evening. The networks dedicated more than nine-and-a-half minutes of coverage to the story, and it is the subject of extensive print coverage this morning. Generally the coverage casts lawmakers as angry that Barra was unable to provide more specific answers about GM’s delayed response to the faulty ignition switch problem. Most reports also note GM’s decision to retain Kenneth Feinberg, which is almost universally portrayed as an indication that the company expects to face claims from the families of those injured or killed in the recalled vehicles.

ABC World News reported in its lead story that GM CEO Mary Barra was “in the hot seat” as she testified before Congress about crashes linked to faulty ignitions in GM vehicles. ABC reported that Barra “was pressed on why the company decided, for nearly a decade, that fixing the ignition was too expensive.” ABC noted that GM “has now recalled more than two point six million cars with faulty ignitions.”

NBC Nightly News reported in its lead story that the hearing “quickly got testy, because her company finds itself explaining faulty ignition switches, deadly accidents and a recall that’s at least a decade too late.” NBC added that Barra “faced an angry Congress and promised to do the right thing.”

The CBS Evening News reported in its lead story that soon after Barra was sworn, “Congresswoman Diana DeGette displayed a GM ignition switch and said it would have cost the company 57 cents to fix it.” CBS added that members of the panel “repeatedly referred to GM’s own documents saying in 2005, engineers decided fixing the problem was not an acceptable business case.” Barra “kept blaming the old GM for a culture centered around cost and lack of communication between departments,” but “the committee often expressed frustration Barra wasn’t able to give better answers.”

USA Today reports that Barra “battled” the subcommittee, which “wanted far more information about GM’s fatal ignition-switch foul-ups than she was able to provide.” Barra was “battered for speaking ‘gobbledygook,’ thumped for not firing an engineer who apparently concealed a change to the potentially deadly switches, and blasted because GM made an economic decision to keep the flawed component in production while knowing it didn’t meet GM standards.” She avoided “any obvious gaffes” and largely avoided “specific answers, saying an internal investigation is underway into why it took GM so long to address ignition-switch problems first detected in 2001 this year.”

Reuters reports that Barra called GM’s delayed response “unacceptable,” but failed to provide any explanation. Rep. Henry Waxman told Barra, “Because GM didn’t implement this simple fix when it learned about the problem, at least a dozen people have died in defective GM vehicles.” Reuters notes that Barra also announced that GM had retained as a consultant Kenneth Feinberg, who will consider possible responses to the families of those injured or killed in crashes involving the impacted cars.

The Washington Post reports that Barra “deflected a barrage of questions on Capitol Hill about the automaker’s failure to fix a deadly ignition-switch flaw, telling lawmakers that she was unaware of the decade-old problem until early this year.” While she “repeatedly apologized” for the defect, she also “repeatedly ducked lawmakers’ sometimes testy queries, saying she is awaiting the results of an internal investigation.” The Post also notes that the decision to retain Feinberg “suggests that GM expects to face additional claims on behalf of people killed or injured in the recalled vehicles.”

The New York Times reports that in announcing that the company had retained Feinberg, Barra said, “G.M. has civil and legal responsibilities. ... We are thinking through exactly what those responsibilities are.” The announcement marked “the first time that G.M. has acknowledged that is considering making such payments, and comes in the face of mounting pressure from lawmakers and consumer groups.”


We believe that obtaining legal satisfaction from those who harmed you shouldn’t require more hardship. That’s why we do everything we can to streamline the process, and we will file a lawsuit on your behalf if necessary. If you or a loved one has been affected by this recall, and you believe it caused an injury, contact Chhabra & Gibbs today by going to www.cglawms.com or by calling this number: 601-948-8005.

Monday, March 31, 2014

GM expands vehicle recall by 971,000 cars built 2007-2011

In continuing coverage of the General Motors vehicle recalls over problems with ignition switches, the volume of coverage erupted following GM’s announcement yesterday of additional recalls. Several national outlets and wires are reporting on the new recall numbers, with many others addressing the overall recall scandal and the government’s response in both DOT and Congress.

The CBS Evening News broadcast that early yesterday evening, GM announced it would be enlarging the number of vehicles so that the list “includes newer models.” CBS reporter Jeff Glor says, “it’s a recall of every single car manufactured under six different models,” recalling 971,000 more cars. The broadcast continues, GM counts “at least 12 deaths in 31 crashes” because of the problem, although the company “didn’t start the recalls until last month,” despite having known of the ignition issue since 2001. Furthermore, the broadcast mentions that GM CEO Mary Barra will be appearing before Congress on Tuesday. The automaker is going to start repairs on the switches “in two weeks, but they could take months to complete.”
NBC Nightly News broadcast that the cars in this latest recall “were built from 2008 to 2011 and the vehicles include the Chevy Cobalt and HHR, the Pontiac G5 and Solstice and the Saturn Ion and Sky,” but “unlike the older vehicles no deaths have been officially linked to these models.” The broadcast explains that GM is taking “an abundance of caution” in dealing with the issue. Also, yesterday, GM further “told dealers to stop selling 2013 and 2014 models of the Chevy Cruze with 1.4 liter turbo engines” but “has not given a reason for that order.”

In a long “AP Impact” report, the AP focuses on how NHTSA handled 164 complaints submitted by 2005-2007 Chevrolet Cobalt drivers since 2005, which “was far more” complaints “than any of the car’s competitors from the same model years, except for Toyota Corolla, which was recalled after a government investigation in 2010.” Though the report implies that NHTSA should have done more to address the concerns, it also considers the difficulty of determining vehicle issues. The report mentions that Secretary Foxx last week requested an “internal investigation” of the agency’s response to the GM problems, noting the letter in which Foxx made the appeal, where he stated that there was nothing he knew of to suggest that NHTSA “failed to properly carry out its safety mission based on the data available to it and the processes followed.” Foxx also “said that GM didn’t give the government enough information.” Still, the report makes a point to say “sometimes NHTSA acts quickly ... the agency investigated electric car maker Tesla Motors after just two reports of vehicle fires and no injuries.” The AP also reports under the headline “Major Events In GM’s Recall Of 1.6 Million Cars.”

Bold Rid reports online that “NHTSA has had its staff cut by one fifth and its budget ‘stagnate’ in the years since the Ford Explorer safety scandal in 2000,” after which Congress passed a law to bolster the agency’s investigation powers. The report is sympathetic with the staff cuts, saying that “51 versus 248 million,” or the estimated number of cars in the US, “is a lop-sided contest, no matter the competition,” continuing by saying the agency “is terribly underfunded and understaffed.”

Bloomberg News reports that this augmented recall of 971,000 more vehicles “brings the total to 2.59 million small cars.” GM spokesperson Jim Cain explained in a phone interview with Bloomberg News, “We know that these vehicles were built with good switches but what we don’t know: Were any of them repaired with a bad switch ... So out of an abundance of caution we’re just going to replace the switches in all of them.” The report points out that, besides the congressional investigation into GM, the company “is conducting an internal review and the National Highway Traffic Safety Administration is also investigating,” as well as the Justice Department. Barra also issued a statement on the expanded recalls, saying that “Trying to locate several thousand switches in a population of 2.2 million vehicles and distributed to thousands of retailers isn’t practical.” The Los Angeles Times reports that Cain also said, “We need to make sure that one of these bad switches did not wind up in one of these newer vehicles. Rather than leave anything to chance, we are going to call them back and replace them.”

A 1000+ word report by the New York Times talks about Florida engineer Mark Hood, who was consulted in the lawsuit of the family of Brooke Melton against GM. Preparing for his role in Melton v. GM, Hood “had photographed, X-rayed and disassembled” the GM ignition switch from Brooke Melton’s 2005 Chevy Cobalt, but Hood “was at a loss to explain why the engine ... had suddenly shut off, causing her fatal accident in 2010 in Georgia.” Upon purchasing a replacement ignition switch from a local GM dealership, however, Hood discovered that, despite having the same identification number as Melton’s faulty switch, “a tiny metal plunger in the switch was longer in the replacement part. And the switch’s spring was more compressed. And most important, the force needed to turn the ignition on and off was greater.”

In a separate 1000+ word report on the additional recalled vehicles, the New York Times mentions that NHTSA Administrator David Friedman will also be testifying before Congress this coming week. The report notes that Friedman as well as Barra will face tough questions from lawmakers in both House and Senate committees.

The Washington Post reports that GM’s “slow recall” since becoming aware of the ignition issue “has also put the National Highway Traffic Safety Administration under fire for not detecting the problem and ordering a recall.” The report counters with NHTSA’s position, however, which is that the ignition switch defect was difficult to pin down, even “despite opening three special probes of accidents linked to the flawed switch.” Offering commentary in the report as well is one a former administrator of NHTSA, Joan Claybrook, who says, “What is so interesting to me is what the pressure of the public spotlight and the possibility of criminal penalties have done to force this company to behave.”

The Wall Street Journal reports that GM has calculated that a preponderance of the recalled vehicles have driven more than 100,000 miles, which means that many GM dealers are eager to offer their help to potential new customers bringing their recalled vehicles into GM dealerships. Although the company has stated that dealers should not take advantage of the influx of consumers bringing their cars in for repair, the report points out that GM has unveiled a promotion of $500 cash allowance for owners of recalled vehicles wishing to trade-in their models.

Bloomberg News reports that Barclay’s analyst Brian Johnson predicts that GM “will probably create a fund of as much as $3 billion to pay claims associated with” the ignition problems. Similarly, the head of crisis-management firm Temin & Co. Davia Temin says, “I don’t think they have a choice in terms of creating a fund,” because “I think Mary Barra has been doing everything right up until now, and the next right thing is to create this fund before someone orders it. You have to put your money where your mouth is.”

GM orders halt to 2013-2014 Chevy Cruze deliveries, gives no reason. USA Today reports online that “late Thursday,” GM notified dealerships that it would “stop delivering 2013 and 2014 Chevrolet Cruze compacts with 1.4-liter engines – models that account for about 60% of Cruze sales.” Calling the action “a mysterious move,” USA Today reports that the car company “won’t say why it issued the order,” adding that “It’s unclear how the secretive approach to details of the current order fits with the pledge of ‘transparency’ in all GM’s dealings made recently” by Barra. GM spokesperson Alan Adler comments, “I have no details,” only divulging that “I’m sure somebody knows.” Further according to the report, though, is that automakers often issue such notices of halts in vehicle deliveries, which is “almost always related to a safety problem.”
The AP reports, the GM directive for “dealers to stop selling” the affected Cruze cars is affecting 21,000 vehicles, “but the company won’t say why.”

House memo shows GM, regulators missed early chances to correct ignition problem. New revelations on Sunday regarding early knowledge of ignition problems in millions of GM vehicles by both the company and Federal regulators received significant media coverage.

The AP reports that a new memo “from the House subcommittee investigating” the GM recalls says that in 2005 the company “discussed two separate fixes for an ignition switch defect but canceled them without taking action.” The memo was put out on Sunday, “ahead of the subcommittee’s Tuesday hearing on GM’s recall of 2.6 million small cars for an ignition switch defect linked to 13 deaths.” The changes “were later canceled because they would take too long and cost too much.” Later in 2005, GM “also approved but then canceled a change to the key design.”

The Detroit Free Press reports the memo said that “there are indications GM approved the design of the switches in 2002 even though the company was aware they did not meet specifications.” Noting the 2005 action, the Free Press says that “revelations raise even more questions about why GM and federal regulators didn’t act sooner to address what appears to have been a longstanding problem associated with defective ignition switches linked to 13 deaths and 31 crashes.”

Reuters reports that Rep. Tim Murphy (R), chair of the House Energy and Commerce Committee’s Oversight and Investigations subcommittee, said that the documents portray an “unsettling picture” of the handling of the ignition problems.

NHTSA group opted not to pursue issue in 2007. In a brief piece, NBC Nightly News reported that “federal safety officials declined to launch a federal investigation into the problem more than six years ago, even after being presented by evidence about complaints and crashes.”

The New York Times reports that officials at NHTSA’s Office of Defects Investigation “decided not to initiate a formal investigation of problems with the ignition switches” of the GM vehicles “even after an investigative group reported that it knew about 29 complaints, four fatal crashes and 14 field reports that showed the problem was preventing air bags from deploying,” according to the House memo. That information was presented to the Office of Defects Investigation in 2007, but the regulators “told committee staff investigators that ‘the panel did not identify any discernible trend and decided not to pursue a more formal investigation.’”

The Wall Street Journal reports that in response to the memo, NHTSA said it “reviewed data from a number of sources in 2007, but the data we had available at the time did not warrant a formal investigation.” The NHTSA acting chief is expected to testify this week before both House and Senate panels.

The Los Angeles Times reports that despite concerns about airbag failures, “federal regulators twice declined to open formal investigations to determine the cause, according to a congressional investigation into delays in recalling the vehicles.” NHTSA and the DOJ “have opened investigations into why it took so long for GM to recall the vehicles. Documents indicate the company knew about the problem as early as 2001.”
Bloomberg News reports an NHTSA manager “recommended almost seven years ago investigating why air bags in some” GM cars “weren’t deploying, a memo issued by the U.S. House Energy and Commerce Committee shows.


We believe that obtaining legal satisfaction from those who harmed you shouldn’t require more hardship. That’s why we do everything we can to streamline the process, and we will file a lawsuit on your behalf if necessary. If you or a loved one has been affected by this recall, and you believe it caused an injury, contact Chhabra & Gibbs today by going to www.cglawms.com or by calling this number: 601-948-8005.