Takata Airbag Class Action Lawsuit

A class action lawsuit has been filed in federal court alleging that Japanese auto supplier Takata Corporation supplied Honda, GM, Toyota, BMW, Chrysler, Ford, Mitsubishi, Nissan, Subaru, and Mazda car manufacturers with potentially defective airbags that may rupture on activation, spraying shrapnel at drivers and passengers. The lawsuit has been brought against Takata, as well as a host of auto manufacturers whose vehicles may contain the potentially defective airbags.

Nearly 8 million vehicles equipped with the airbags have been recalled in parts of the United States. The number of recalled vehicles may continue to rise as reports of injuries and deaths resulting from exploding airbags continue to surface, some as recently as October. To date, the alleged defect has been linked to four deaths and over 140 injuries in the U.S.

According to the New York Times, the recalled airbags allegedly rupture, causing them to explode when activated. The rupturing has been linked to the propellant inside the airbag’s metal inflator, which is intended to burn slowly, causing the airbag to inflate on impact. In extreme circumstances, the allegedly faulty propellant burns aggressively, causing the inflator to explode and shoot metal fragments through the airbag’s fabric at drivers and passengers.

The class action lawsuit follows an investigation into Takata airbags launched by the National Highway Traffic and Safety Administration in June. The NHTSA issued a Consumer Advisory on October 22, 2014, urging owners of potentially affected vehicles to “act immediately on recall notices to replace defective Takata airbags.” According to the Advisory, reports of injuries and death allegedly resulting from Takata airbags date back to early 2013.

According to a New York Times September investigative report, Honda learned of the alleged defect in 2004, when an airbag exploded in a Honda Accord in Alabama. The report states that what Honda deemed an “anomaly” soon mushroomed into a series of recalls, the first of which took place in 2008, when Honda recalled approximately 4,200 vehicles potentially containing defective airbags. The NY Times report also states that incident reports continued to be filed with Honda, and alludes to the fact that questions remain as to how these incidents were in turn reported to the NHTSA and other federal auto regulators. To date, Honda has issued nine recalls concerning the Takata airbags in Honda and Acura vehicles. Of the approximately 8 million vehicles recalled, about 5 million are Honda vehicles.

In connection with its ongoing investigation, the NHTSA has requested that Honda, Ford, Chrysler, BMW, Mitsubishi, Mazda, Nissan, and Toyota participate in voluntary field service actions, or regional recalls. According to correspondence sent to the NHTSA from these automakers, though each has agreed to conduct the field service actions, none have stated that a defect exists in any of the recalled vehicles. The regional recalls require automakers to recall certain model year vehicles registered in Florida, areas near the Gulf of Mexico and Texas, Alabama, Mississippi, Georgia, Louisiana, and Hawaii, as well as Puerto Rico, the Virgin Islands, American Samoa, Guam, and Saipan.

According to the NHTSA, these regions are of particular concern to Takata and the automakers, as high humidity and resulting moisture may damage the ammonium nitrate compounds inside the airbags’ inflators, which may cause them to rupture.  The NY Times reports that Takata has been unable to pinpoint the precise cause of the defect, and that the company has put forth several explanations for the explosions, including poor oversight of manufacturing plants in Mexico and Washington state.

According to the NY Times, with the number of recalled vehicles already at 7.8 million and rising, supply of replacement airbags cannot meet consumers’ demand. The October NY Times article goes on to state that carmakers, unwilling to provide loner cars except in extreme circumstances, are finding solutions that U.S. Senators have deemed “troubling, dangerous,” and potentially illegal. Toyota has taken to disabling airbags in the absence of replacements, and they are advising against using the passenger seat in recalled vehicles altogether, the NY Times reports.

Are you concerned your vehicle may be included among the recalled vehicles? If so, the NHTSA suggests visiting the car manufacturer’s website, using your VIN number to check the NHTSA or the other electronic databases, and responding to any communications directly from the manufacturer.

According to the NHTSA, the following vehicles may be a part of the Takata airbag recalls:

BMW: 627,615 total number of potentially affected vehicles

2000 – 2005 3 Series Sedan

2000 – 2006 3 Series Coupe

2000 – 2005 3 Series Sports Wagon

2000 – 2006 3 Series Convertible

2001 – 2006 M3 Coupe

2001 – 2006 M3 Convertible

Chrysler: 371,309 total number of potentially affected vehicles

2003 – 2008 Dodge Ram 1500

2005 – 2008 Dodge Ram 2500

2006 – 2008 Dodge Ram 3500

2006 – 2008 Dodge Ram 4500

2008 – Dodge Ram 5500

2005 – 2008 Dodge Durango

2005 – 2008 Dodge Dakota

2005 – 2008 Chrysler 300

2007 – 2008 Chrysler Aspen

Ford: 58,669 total number of potentially affected vehicles

2004 – Ranger

2005 – 2006 GT

2005 – 2007 Mustang

General Motors: undetermined total number of potentially affected vehicles

2003 – 2005 Pontiac Vibe

2005 – Saab 9-2X

Honda: 5,051,364 total number of potentially affected vehicles

2001 – 2007 Honda Accord)

2001 – 2002 Honda Accord

2001 – 2005 Honda Civic

2002 – 2006 Honda CR-V

2003 – 2011 Honda Element

2002 – 2004 Honda Odyssey

2003 – 2007 Honda Pilot

2006 – Honda Ridgeline

2003 – 2006 Acura MDX

2002 – 2003 Acura TL/CL

2005 – Acura RL

Mazda: 64,872 total number of potentially affected vehicles

2003 – 2007 Mazda6

2006 – 2007 MazdaSpeed6

2004 – 2008 Mazda RX-8

2004 – 2005 MPV

2004 – B-Series Truck

Mitsubishi: 11,985 total number of potentially affected vehicles

2004 – 2005 Lancer

2006 – 2007 Raider

Nissan: 694,626 total number of potentially affected vehicles

2001 – 2003 Nissan Maxima

2001 – 2004 Nissan Pathfinder

2002 – 2004 Nissan Sentra

2001 – 2004 Infiniti I30/I35

2002 – 2003 Infiniti QX4

2003 – 2005 Infiniti FX35/FX45

Subaru: 17,516 total number of potentially affected vehicles

2003 – 2005 Baja

2003 – 2005 Legacy

2003 – 2005 Outback

2004 – 2005 Impreza

Toyota: 877,000 total number of potentially affected vehicles

2002 – 2005 Lexus SC

2002 – 2005 Toyota Corolla

2003 – 2005 Toyota Corolla Matrix

2002 – 2005 Toyota Sequoia

2003 – 2005 Toyota Tundra

For more information concerning the Takata airbag recalls, contact Chhabra & Gibbs today for a free consultation by going to our website at http://www.cglawms.com  or calling 601-948-8005.

Syngenta faces lawsuits over genetically modified corn

Syngenta is facing a wave of potentially costly lawsuits filed by disgruntled U.S. exporters and farmers who claim they racked up major losses because the company’s genetically modified Agrisure Viptera corn can’t be exported to China.

Switzerland-based Syngenta, one of the world’s largest purveyor of seeds, contends the lawsuits are without merit. The company’s global headquarters for its biotechnology research efforts are in Research Triangle Park, and its insect-resistant Viptera corn was discovered here.

Cargill filed the first such suit against Syngenta last month, contending it suffered more than $90 million in damages because its corn shipments have been rejected by Chinese authorities since November.

China hasn’t approved Syngenta’s Viptera corn and has rejected shipments upon detecting “even a trace amount” of it, according to Cargill’s lawsuit. Such “contamination” is inevitable, the lawsuit states, given the prevalence of corn grown from Viptera seed, cross-pollination of corn between farms and the commingling of corn from different farms when transported. “According to one study, the loss of the Chinese market for U.S. grown corn has already cost the U.S. grain industry up to $2.9 billion in damages,” the Cargill lawsuit states.

Since Cargill filed its complaint, more than a dozen suits with similar claims, many of them seeking class action status, have been filed by farmers, said James Pizzirusso of Hausfeld, a Washington law firm that is coordinating lawsuits filed in several states. At least one other exporter, Trans Coastal Supply, also has sued Syngenta.

The lawsuits also contend that domestic corn prices have fallen because of the loss of the Chinese market, which previously was the No. 3 export market for U.S. corn. Syngenta promoted the sale of Viptera seed to farmers “to line its own pockets at the expense of farmers who it knew would be impacted by China’s rejection of this GMO (genetically modified) trait,” Pizzirusso said.

Syngenta generated $14.7 billion in worldwide sales last year, including $3.2 billion in seed sales. It also produces crop protection products such as herbicides and insecticides. Syngenta invested about $200 million to develop Viptera corn, according to one lawsuit.

Syngenta said it was limited in what it could say about pending litigation, but issued a statement stating that the lawsuits have no merit and that the company “strongly upholds the right of growers to have access to approved new technologies that can increase both their productivity and their profitability.”

The company also noted that Viptera was approved for cultivation by U.S. regulators in 2010 and that it was commercialized “in full compliance with regulatory and legal requirements.”

Are you a corn farmer who has been impacted by the rejection of Syngenta’s Agrisure Viptera™ MIR 162 corn or Duracade™ and DDGS shipments to China? Have depressed corn and DDGS prices hurt your bottom line? If so, you may have legal rights to hold Syngenta responsible for depressing the market prices for corn and DDGS by marketing the generically-modified corn seed without having approval for import into China.

Farmers who did not plant Syngenta’s Agrisure Duracade™ or Viptera™ MIR 162 corn but who suffered financial injury due to depressed market prices caused by the rejection of MIR 162 corn shipments by China may have the ability to hold the bio-tech company accountable for those losses.

Attorneys at Chhabra & Gibbs, P.A. are currently investigating the legal rights of farmers  who had the value of their corn and DDGS hurt by Syngenta’s actions.

To learn more about how corn farmers may be able to hold Syngenta accountable for depressing the U.S. corn and DDGS markets, contact us today for a free consultation by going to our website at http://www.cglawms.com  or calling 601-948-8005.

Energy drinks may cause seizures, heart problems in young kids

NBC Nightly News reported, “We’re back now with a new warning about the popular energy drinks and the potential danger they present when they get into the hands of young children.” NBC News medical contributor Natalie Azar, MD, explained, “Researchers looked at records from 55 poison control centers over a three-year period and found more than 5,000 cases of energy drink exposure,” nearly all of which were unintentional. Additionally, more “than 40 percent involved children under the age of six.”

Bloomberg News reports that some of the children who drank energy drinks ended up “suffering seizures and heart problems.” Individuals “of all ages with underlying health conditions should be vigilant about the heavily caffeinated beverages...said” Steven Lipshultz, MD, chairman of pediatrics at Wayne State University in Detroit, MI. The study data were presented over the weekend at the American Heart Association conference.

HealthDay reports, “Some energy drinks have up to 400 milligrams (mg) of caffeine per serving, Lipshultz said, compared to about 100 mg or 150 mg in” the average cup of coffee.

If you have experienced complications with any form of energy drinks, contact Chhabra & Gibbs by going to our website at http://www.cglawms.com  or calling 601-948-8005.

Healthcare firm didn’t act on hip implant failures

Bloomberg News reports Johnson & Johnson has been accused of putting profits before safety by ignoring reports that its metal-on-metal version of its Pinnacle hip implants “failed at alarming rates,” according to a lawyer’s comments in closing arguments today in Dallas Federal court. The article notes that J&J’s DePuy unit ignored the implants “had design flaws that prompted them to break down and then misled doctors about the implants’ failure rates to protect sales,” citing Mark Lanier, an attorney “for a Montana woman who sued after complications forced her to have the device removed.” The Pinnacle cases “have been consolidated” before US District Judge Ed Kinkeade “for pretrial information exchanges.”

If you have experienced complications with any type of hip implants, contact Chhabra & Gibbs by going to our website at http://www.cglawms.com  or calling 601-948-8005.

Tainted supplements continue to be sold after recalls

News that a study found companies were continuing to offer tainted dietary supplements despite being recalled was covered by several major newspapers. The study revealed gaps in FDA enforcement and urged stronger measures to tackle the problem, some news outlets note. USA Today , citing research unveiled Tuesday in the Journal of the American Medical Association, notes that researchers “identified 27 supplements” still being sold “online in the summer of 2013 that were among 274 recalled during 2009-2012.” The article notes “chemicals similar to the erectile dysfunction drug Viagra (sildenafil citrate) or the diet drug Meridia (sibutramine hydrochloride monohydrate)” were found in nearly 67% of the supplements being offered. Meridia was pulled over heart attack and stroke concerns. For example, Gaspari Nutrition was continuing to offer Novedex XT, a bodybuilding supplement, which was recalled in 2010.

Providing details of the study, the New York Times reports in its “Well” blog that most of the supplements “were marketed for weight loss, exercise and sexual enhancement, and they were sold across the country at convenience stores, in health food shops and over the Internet.” Among other chemicals, the piece notes, the supplements were found to contain antidepressant Prozac (fluoxetine), while several of the weight-loss products contained Sibutramine, “an amphetamine-like drug that was removed from the market” in the US, Asia and Europe “after a clinical trial showed it increased the risk of heart attacks and strokes.” FDA spokeswoman Jennifer Dooren is quoted in the piece.

Examining the potential loopholes that allow such tainted supplements to be sold, the Los Angeles Times points out that “unlike drugs, dietary supplements don’t have to be proved safe before being sold, and manufacturers can make general claims about health benefits.” The paper notes that with “limited powers to regulate nutritional supplements, the FDA in recent years has stepped up its recalls of nutritional supplements that are adulterated with prescription medications.” The article notes that in the three years starting January 2009, “the agency demanded that 274 such supplements be withdrawn from the market until the prescription drugs they illegally contained was removed.”

Study’s lead author Dr. Pieter Cohen, an internist and researcher at Cambridge Health Alliance, blamed both the manufacturers who put “profit ahead of consumer health” as well as “lax oversight” by the FDA for the “problem,” according to the AP.  “There should be significant legal and financial consequences for manufacturers who the FDA finds to be continuing to sell these spiked supplements,” Cohen said.

In response to the study, a trade association representing the dietary supplement industry, the Council for Responsible Nutrition, “said in a statement that the research finding suggests the FDA’s enforcement system works,” according to the Boston Globe. The group notes, according to the paper, “given that only 18 out of 273 recalled products still had active drugs in their ingredients, ‘the FDA’s recall efforts had a more than 93 percent success rate.’”

If you have experienced complications with any type of supplement medicine, contact Chhabra & Gibbs by going to our website at http://www.cglawms.com  or calling 601-948-8005

Study spotlights medication errors among children

Reports are showing  that every eight minutes, a child below 6 years of age experienced a medication error between 2002 and 2012, citing an analysis of calls to poison control hotlines that was unveiled in the journal Pediatrics. While most previous studies focused on medication errors in hospital and clinics, this study focused on errors outside of the doctor’s office or hospital.

      

Highlighting the significance of the study, other  reports show that although “the majority of the incidents were not life-threatening, medication errors nonetheless represent a major public health concern” in the US, “affecting more than 200,000 children annually – roughly 30 percent of whom are 6 or younger.” Still, the report notes, “starting in the mid-2000s, errors involving cough and cold medications as well as asthma treatments declined significantly.”

If you have experienced complications with any type of medications for your child, contact Chhabra & Gibbs by going to our website at http://www.cglawms.com  or calling 601-948-8005.

Lawyer tells jurors in hip implants case company ignored problems

Bloomberg News provides an update on the legal case related to Johnson & Johnson’s Pinnacle hip implants, noting a lawyer told jurors that the company’s “bid to convince doctors the metal-on-metal version of its Pinnacle hip implants were safe amounted to ‘marketing run amok.’” Mark Lanier, a lawyer for a Montana woman who filed the lawsuit after complications, noted J&J’s DePuy “unit ignored signs the Pinnacle hips suffered from design flaws and assured doctors the metal devices worked ‘99.9 percent of the time.’” The lawsuit claims the metal hips by J&J, “leeched cobalt and chromium material into her bloodstream, causing an infection that required the devices to be surgically removed.”

If you have experienced complications with any type of hip implants, contact Chhabra & Gibbs by going to our website at http://www.cglawms.com  or calling 601-948-8005.