Commentary on defective tires, cars, recalls and litigation.

Rich Newsome is a civil justice attorney who represents consumers who have been injured by defective tires, cars and other products. As Past President of the Florida Justice Association and current member of the Executive Committee of the National Trial Lawyers Association…MORE

20
Nov

Over the last few weeks there has been an onslaught of media coverage and public attention to the Takata recall issue that we have discussed here several times. Senator Bill Nelson, who has been a vocal critic of the manner in which Takata and auto makers have handled the recall, will chair a Senate Commerce Committee hearing today in which he will question Takata and other industry executives about what and when they knew about the problem. He will also question NHTSA about the role they played in the recall and what appears to be a broken vehicle and tire recall system.

As a result of the congressional and national media attention, there have been several new pieces of the reported story which have recently been made public. Today our firm filed an amended complaint which alleges many of these new facts and sets forth a detailed history of the reported defect story.

The timeline below summarizes the basic facts and history of the recall as alleged in the amended complaint.

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  • Takata Launches Tenth Recall for Exploding Airbags

  • Japanese airbag supplier Takata has cut a deal with the National Highway Traffic Safety Administration to conduct “a regional field action” in Florida, Puerto Rico and other states to replace airbag inflators that may explode in hot, humid climates.

    But the NHTSA Office of Defects Investigation has not yet closed an investigation into Takata airbag inflators – wisely, given that exploding airbags have resulted at least two deaths, and more than 20 injuries when occupants were lacerated by flying shrapnel. They have also caused eight auto manufacturers to launch 17 recalls since February 2001.

    Late last month, seven manufacturers, Honda, Toyota, Nissan, Mazda, BMW, Ford and Chrysler announced another round of repairs. Toyota alone recalled 2.3 million 2003-...

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  • Testosterone Therapies May Be Linked to Increased Cardiac Injuries

  • “A man on TV is selling me a miracle cure that will keep me young forever. It’s called Androgel… for treating something called low T, a pharmaceutical-recognized condition affecting millions of men with low testosterone, previously known as getting older.”

    Stephen Colbert (October 3, 2012)

     

    FDA Investigation

     On January 31, 2014, the FDA announced an investigation to evaluate the risks of cardiovascular complications associated with FDA-approved testosterone products. According to the FDA, the investigation was issued in response to several studies that show an increased risk of stroke, heart attack and death in men using the therapy.

    Pharmaceutical Companies and Testosterone Therapy

    In recent years, men have increasingly turned to testosterone therapy in hopes of improving lowered sex drives and energy levels, among other symptoms that are often associated with low...

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  • Tomorrow is the Last Day to Comment on the Proposed Changes that will Eviscerate Your Ability to Conduct Discovery in Federal Lawsuits

  • The civil discovery process is one of the fundamental pillars of the modern American justice system. What makes the current process so great is the underlying goal of ensuring that each litigant has the ability to acquire the relevant evidence to prove his or her case. This is accomplished through the liberal standards which currently guide the process. Of course, this was not always the case. The old rules of procedure afforded a far less liberal standard of discovery and, as a result, “[i]nquiry into the issues and the facts before trial was narrowly confined and was often cumbersome in method.”1 In recognition of these problems, the United States Supreme Court heralded the modern age of liberal discovery by proclaiming that: “civil trials in the federal courts no longer need be carried on in the dark. The way is now clear, consistent with recognized privileges, for the parties to obtain the fullest possible knowledge of the issues and facts before trial.”2

    Sadly, we may once again find ourselves in a position where...

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