Product Liability

Products Liability Law: From Basketball Stars to Friends and Family

November 5, 2012 | Gregory J. Brod

At The Brod Law Firm, our Sacramento injury lawyer believes that every client deserves his full attention, the benefit of his legal knowledge, and the advantage of the years of experience his whole legal team has representing victims in Northern California’s civil courts. When we work on product liability suits, we focus on linking the injury to the defective product and proving the extent of damages suffered as a result. Our job, and our dedication, is the same whether the client is a household name or known only in his/her own household. Still, the attention drawn to a celebrity case can help remind everyone that the law does provide remedies for those injured by a faulty product in California.

Garcia and Kings Settle Product Liability Claim Over Defective Exercise Ball

As reported in The Sacramento Bee, the Sacramento Kings and Francisco Garcia, who has played for the team since being chosen as a first-round draft pick in 2005, recently settled product liability claims stemming from an accident tied to an exercise ball. On October 9, 2009, Garcia was working out and lifting weights while he balanced on a seventy-five centimeter Gymnic exercise ball. The ball unexpectedly burst, dropping the athlete forcibly to the floor while he continued to hold a ninety pound weight in each hand. According to Garcia’s complaint, he incurred serious injuries including a fracture to the right forearm. As a result of his injuries, Garcia missed four months of basketball in the first year of a five-year, $29.6 million contract extension. Due to an aggravation of the forearm injury, Garcia missed an additional two games this March. According to a study commissioned by the plaintiffs, the company warranted that the exercise ball was blast-resistant and able to withstand 600 pounds, but tests showed a similar ball burst with under only 400 pounds of weight.

Study Calls Attention to Rise in Foodborne Illness in 2012

October 29, 2012 | Gregory J. Brod

The CNN headline caught the attention of many, including our San Francisco food safety lawyer – the number of people dying or becoming ill due to contaminated food has risen a startling 44% since last year. A report by the U.S. Public Interest Research Group (“PIRG”) noted that 2011 saw 718 illnesses directly linked to recalled food nationwide. In only the first nine months of 2012, the number of illnesses attributed to recalled foods was 1,035. This 44% increase includes ailments traceable to products ranging from mangoes and cantaloupe to meat and nut butter. Notably, the number sickened in the recent nut butter recall has continued to rise, with the Center for Disease Control increasing the number of confirmed salmonella cases to thirty-five (it is not immediately clear if some cases would fall into October statistics and thus outside the period in PIRG’s report).

Overall, going beyond cases linked to formally recalled products, approximately 48 million people fall ill annually after consuming tainted food. The PIRG report emphasizes that the problem of foodborne illness is getting worse. Examining national health objective targets and actual 2010 data reveals that the only target met was for the incidence of E. Coli 0157. The incidence of salmonella, the culprit in the majority of hospitalizations and deaths associated with foodborne illness, was three times the stated target.

As we’ve previously discussed, the Food Safety Modernization Act became law two years ago. The legislation sought to improve food safety through several routes, including giving the Food and Drug Administration (“FDA”) more power to respond quickly and hold companies accountable when an outbreak of foodborne illness occurs. However, budget concerns have prevented the law from being fully implemented and the main thrust of the law’s regulatory framework remains in governmental limbo with no established timeframe for the Act to move forward. PIRG’s report criticizes this delayed implementation and planned cuts in FDA funding. Additionally, PIRG criticizes the failure of the FDA to keep pace with increasing demands for inspection of foods imported from abroad (approximately 15% of all food consumed in the U.S. and up to two-thirds of fruits and vegetables are imported). PIRG calls for improved funding for the FDA and for the agency to create more concrete, specified inspection standards that include unannounced visits. The group also urges improved coordination between the FDA and other agencies including the Centers for Disease Control and Prevention. In reply, the FDA notes that the rule-making process is time-consuming and the main federal budget group adds that they have taken important steps such as tackling the problem of salmonella in eggs and expanding E. Coli testing on beef products.

Meningitis Outbreak Linked to Contaminated Drugs

October 17, 2012 | Gregory J. Brod

One of the stories dominating the headlines in recent weeks is the outbreak of fungal meningitis stemming from contaminated medications. As a San Francisco dangerous drugs law firm, we strongly believe that Americans should be able to trust the medicine they receive, whether purchased from a pharmacist, bought over the counter, or obtained directly from a provider during a medical procedure. The current outbreak is yet another reminder of the dangers involved with bad drugs.

Overview of the Outbreak

According to a report from CNN released early on Tuesday October 16, fifteen people had died as a result of the fungal meningitis outbreak. Authorities traced the outbreak to a contaminated steroid, methylprednisolone acetate. The drug is produced by the New England Compounding Center and the Center for Disease Control (“CDC”) recently estimated that medical offices gave the injectable product to approximately 14,000 people. The CDC reports that 214 cases of the disease have been linked to the contaminated medication, with cases spread across fifteen states. As a quick note, compounding pharmacies combine various ingredients to create a medication specifically made for a particular patient.

San Francisco Consumer Law Firm Applauds Ruling on the Use of the Term “Natural” on Food Labels

October 15, 2012 | Gregory J. Brod

More and more Americans are looking to avoid too many processed chemicals and purchase more natural food products. While some people inspect every ingredient list, many rely on claims on the face of the product. Food labeling is a complex mix of marketing and truth, making it inevitable that consumers would eventually call a company to task over labeling claims.

Overview & Initial Rulings in Case About Food Labeling

Our San Francisco class action law firm is closely following a developing case about the use of the word “natural” on food labels. A group of plaintiffs filed a class action in a California federal court against Dreyer’s Grand Ice Cream. As detailed in a newsletter for the supermarket industry, the plaintiffs challenged the company’s labels and advertising that called certain products “all natural.” The class asserted that the claims were false and misleading given that the products contain between one and five synthetic and/or artificial ingredients (these will collectively be referred to as “artificial ingredients” in this article) and because one package fails to disclose that the cocoa in the product was processed using artificial agents.

San Francisco Injury Attorney on Food Safety Law

September 24, 2012 | Gregory J. Brod

Few things are as important to our daily lives as food safety. We should not have to worry about falling ill because food companies or other organizations failed to adequately protect the safety of our food supply. Our San Francisco food safety law firm is committed to helping people made seriously ill by tainted food to recover compensation from manufacturers, sellers, or anyone else in the supply chain who bore responsibility for the unsafe products.

Consumer advocates and victim’s rights lawyers have long warned that the nation’s laws failed to fully protect Americans from foodborne illnesses. While many companies and industry groups do take steps to ensure product safety, the law lagged behind. One step to improve this system came with the signing of the Food Safety Modernization Act of 2010 (“FSMA”) on January 2, 2011. The federal government stated that the intent of the law is to ensure food safety by taking a more proactive role, preventing contamination instead of merely responding to outbreaks of foodborne illness. Through the FSMA, the FDA gained enhanced authority and some new powers. The FDA is also required do engage in rulemaking to produce a number of guidance documents and to prepare strategies, standards, plans, and other important reports.

FDA duties and powers under the FDMA can be broken down into several categories, with a number of components to each:

Dangerous Drug Alert: Potentially Risky Hormone Therapy Aimed at Aging Men

September 10, 2012 | Gregory J. Brod

The recent spate of advertisements focusing on life-enhancement through medical science. While making these advancements, the companies are also working to market their new product to consumers, a process that sometimes has two steps: 1) Convincing the customer that they are facing a meaningful health issue, and 2) Convincing the customer that the product is an effective treatment for said condition. Uncertainty about both the condition and the treatment can lead to poor results when the product is ultimately used. Our San Francisco products liability team works to help the victims of dangerous drugs recover when companies market and sell unsafe medications.

Abbott Laboratories manufacturers Androgel, a testosterone gel used by millions of men worried about low testosterone (“Low T”) levels as they age. Testosterone levels decline starting around age forty and drugmakers, along with some physicians, have touted the benefits of gel for reversing some signs of aging. However, as discussed in an Associated Press article carried by the San Francisco Chronicle, there is a disturbing lack of evidence supporting the treatment. The Low T debate is only one example of the increase in attention to problems once considered a normal part of the aging process. With the aging baby boomer population and longer life expectancy, drug companies and others have targeted age-related changes with promises of longer youth. Print and television advertisements targeted testosterone treatments rose more than 170 percent in the past three years with over $14 million spent in 2011, leading to a 90 percent rise in the number of prescriptions in the last five years.

As a whole, testosterone therapy is not entirely new. Injections have long been used to treat certain medical conditions that lead to a drop in the hormone. However, the latest push markets the hormone to a wider range of otherwise healthy men. Some researchers worry that the treatments are being marketed without sufficient scientific support, including disagreement about what constitutes a normal hormone level in older men. Further, there is little understanding as to whether replacement therapy actually helps symptoms that advertisers associate with Low T. In one study on 230 men in 2008, treatment did not statistically improve muscle strength, bone density, or overall quality of life. Another study is currently underway through the National Institute on Aging, but results aren’t expected until 2014.

Bumbo Recalls Baby Seats for the Second Time

August 21, 2012 | Gregory J. Brod

Bumbo%20sticker.jpg Bumbo International and the U.S. Consumer Product Safety Commission (CPSC) announced a voluntary recall of Bumbo baby seats on August 15. The Bumbo baby seat is sold at major retail stores, such as Walmart, Toys R Us, and Target. The recall follows at least 50 reports of children falling out of the baby seat during use on a raised surface. The same baby seats were recalled in October 2007 after 28 reports came in to the CPSC that babies arched and wiggled their way out of the seats and fell out. Three of these incidents resulted in skull fractures. Bumbo recalled the seats and added a label on the seats warning against use on raised surfaces. Since 2007, there have been nineteen other reports of skull fractures in babies that maneuvered out of the seat and at least 34 reports of other injuries.

Bumbo is issuing a free repair kit to consumer who bought the baby seat.The repair kit includes a restraint belt with installation instructions and an additional warning sticker. The sticker admonishes consumers to use the restraint belt at all times and to supervise the baby constantly while using the seat. It warns against using the seat on raised surfaces such as beds or chairs and against using it the seat as a booster or to carry a baby. More information on ordering a free repair kit is available on Bumbo’s website.

Bumbo is vulnerable to lawsuits for product liability. According to California Civil Jury Instructions section 1204, in order to bring a products liability case against a defendant, a plaintiff must prove:

the defendant sells the product
the product was defective at the time it was sold or that any changes made to the product were reasonably foreseeable
the plaintiff suffered injury
the product caused the injury.

In California, the defendant does not need to have previous knowledge that the product was defective to be liable for it.
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San Francisco Product Liability Attorney Comments on Danger of Tread Separation as Michelin Recalls Over 840,000 Tires

July 30, 2012 | Gregory J. Brod

The Brod Law Firm believes that Californians should be able to trust the safety of products sold to and used by residents of The Golden State. As a San Francisco product liability law firm, we help consumers injured by defective products recover compensation through both individual and class action lawsuits. Since we also represent many people injured in car accidents, we know that it is particularly dangerous when the defective product is a car or automotive part.

On Thursday, Michelin announced a voluntary recall of approximately 841,000 tires sold under the BFGoodrich and Uniroyal brands. According to the AP report carried by The San Francisco Chronicle, the treads can separate resulting in rapid air loss. While no injuries or deaths have been linked to the tires, quality-control workers noticed an uptick in problems associated with the tires this year. According to Michelin, separation has occurred in fewer than 150 tires but the company felt a recall was necessary in order to protect driver safety.

The recall involves replacement tires manufactured from April 2010 until early 2012 and used on heavy duty, full-sized vans and commercial light trucks. The specific tires involved in the recall are BFGoodrich commercial tires LT 235/85 and LT245/75 and Uniroyal Laredo tires LT 235/85 and LT245/75. Michelin has set-up a toll-free number and web sites for consumers and will replace the tires at no charge.

Ford Recalls Escape SUVs: Car Recalls and Product Liability Concerns

July 23, 2012 | Gregory J. Brod

At The Brod Law Firm, we help clients with a range of issues including car accidents and injuries stemming from defective products. Sometimes, these two areas of law can intersect when a faulty car part is a factor in a collision. Our experience in both arenas allows our team to be an effective law firm for defective car injuries in Northern California.

This weekend, The San Francisco Chronicle carried an Associated Press report about a recent car recall. The recall impacted a newly released model of Ford’s Escape SUV. Ford announced the recall, stating that there was a risk of engine fire in the affected vehicles. According to the report, the problem stemmed from a manufacturing issue at a separate company that makes fuel lines for some Ford vehicles. In Ford’s report to the National Highway Traffic Safety Administration, the company identified the fuel lines as a batch manufactured by TI Group Automotive Systems in Indiana. The lines were allegedly mechanically scored or otherwise damaged on the outside, creating the potential that the lines would split when pressed over a connector fitting. This split could cause fuel to leak and potentially ignite.

Ford’s newly announced recall involves 11,500 Escape vehicles. The issue is confined to 2013 Escapes that are equipped with 1.6-liter, four-cylinder engines. Luckily, only 4,800 of the SUVs have been purchased so the recall should be more effective than a broader recall impacting a larger number of vehicles, especially those old enough to have changed hands since initial purchase. Ford has urged that owners, including purchasers in both the U.S. and Canada, should not drive the automobiles and should contact their dealer for assistance to get the SUV picked up and also get access to a loaner vehicle. In an e-mail, the spokesperson for TI Automotive said they are working with the car company to clearly identify the root cause and find a solution.

Lawsuit Following Salmonella Death Reminds the Food Industry that Public Health Must Be a Top Concern

June 6, 2012 | Gregory J. Brod

Obtaining compensation for victims is an important goal of our Oakland injury law firm, but it is not the only one. Representing plaintiffs in civil court cases, such as a contaminated food lawsuit in California, helps us send an important message to both companies and individuals. Holding people and organizations accountable for illness and injury caused by their actions tells them that our Northern California community will not tolerate decisions that ignore public safety.

The Oakland Tribune is reporting on a wrongful death lawsuit filed in Alameda County Superior Court against a Castro Valley restaurant and an Iowa egg farm. The suit claims that both the farm and the steakhouse are liable for selling and distributing contaminated food and for negligence in failing to ensure the eggs were contaminant-free.

According to the complaint, Mate Marlais fell ill due to the salmonella bacteria after eating eggs “over-easy” served to him on June 7, 2010 at El Rancho Steakhouse. The 89 year-old was found in a pool of diarrhea a few days after eating the eggs. He was taken to the hospital in a state of shock and died when the family removed him from life support. Officials linked the eggs served at the restaurant to the Wright County Egg Farm in Iowa. The farm’s products were cited as the source in more than 1,300 illnesses nationwide, including 266 cases in California. Marlais is the only person whose death was confirmed to have stemmed from the products. In the wake of the salmonella outbreak, more than a half-billion eggs that originated from the Iowa farm were recalled.