Articles Posted in Defective Products

airbagMost people have heard the term “statute of limitations” and are aware that the plaintiff in an east Texas car accident case has only a certain amount of time in which to file a lawsuit against the responsible party.

The term “statute of repose” may be less familiar, but this law can further limit the time for filing a claim in certain situations, including a product liability action for injuries suffered in an automobile accident due to a defective or unreasonably dangerous vehicle.

A plaintiff who does not file a claim within both the statute of limitations and the statute of repose faces the dismissal of his or her case on procedural grounds.

FPSO with supply vessel.

Before a court can render judgment in a lawsuit, it must have both subject matter jurisdiction and personal jurisdiction. Subject matter jurisdiction, also called in rem jurisdiction, refers to the general category (i.e., subject matter) of the case. For instance, a state probate court lacks subject matter jurisdiction over a federal criminal matter, and a Texas state court lacks subject matter jurisdiction to determine a boundary line dispute arising in Tennessee.

In addition to subject matter jurisdiction, a court must also have personal jurisdiction over the parties to the suit. Jurisdiction over the “person” includes not only individuals but also corporations. If a court lacks personal jurisdiction over a party, it cannot render a judgment against that party, regardless of the merits of the plaintiff’s claim.

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As the year comes to an end, the media will likely come up with several variations of “This has been the year of …” For those who have been paying attention to the world of product liability, particularly with respect to the automotive industry, this has been “The year of the recall.”

The National Highway Traffic Safety Administration (NHTSA), the federal agency taxed with the task of promoting motor vehicle and highway safety and helping prevent automobile crashes, has been extremely busy this year.

In addition to fines and penalties levied by the NHTSA, there have also been a number of large recalls involving cars, trucks, and SUVs.

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Ammonium nitrate – that’s just a fancy name for fertilizer, right? Yes and no. While its ability to provide a source of nitrogen to plants has led to its widespread use by farmers who are looking to increase their crop yields, there is another, darker side to the odorless, crystal salt formed when ammonia and nitric acid mix.

If you do an internet search of the term “ammonium nitrate,” you will quickly discover that it has the potential to be a very dangerous substance. It is so dangerous, in fact, that the United States Department of Homeland Security has proposed a regulation aimed at preventing its misappropriation or its use in an act of terrorism.

So, why exactly would it be used by a manufacturer of airbags? That’s a very good question.

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Tractor-Trailer Accidents Caused By Tire Failures Due To Excessive Speeds

Tractor-trailer tires being operated at speeds that exceed their design limitations is causing an increasing number of catastrophic accidents. The increase in the allowable highway speed limits has resulted in many heavy truck tires being operated at speeds that are unsafe. Many truck tires were designed at a time when speed limits were much lower and the tires had a maximum sustained design limitation of around 75 miles per hour. Now many states, including Texas, have posted speed limits of 75, 80 and even 85 miles an hour. Operating truck tires at excessive speeds for an extended period of time caused excessive heat which degrades the tire more susceptible to blowouts, road hazards, a separation.

From 2009 through 2013 there were in excess of 14,000 fatal heavy truck and bus crashes in the United States which took 16,000 lives. The major truck tire manufacturers include Michelin, Bridgestone, Goodyear, Yokohama and Firestone with Michelin selling the most tires. The tire manufacturers blame the truck operators. The truck operators blame the tires as defective products. The National Highway Traffic Safety Administration (NHTSA) thus far has concluded that operating the tires in excess of the intended speeds is the culprit. No doubt both bear some portion of the responsibility.

A Dallas jury recently rendered a verdict for $23 million in compensatory damages and $50 million in punitive damages against Boston Scientific Corporation. The case involved a defective Obtryx sling implanted in the plaintiff to treat urinary leakage. The punitive damages finding was immediately reduced to $11 million pursuant to a Texas tort reform law that protects grossly negligent defendants by limiting punitive damages to two times the economic damages. Boston Scientific and indicated that they plan to appeal.

The case of Salazar v. Lopez is the third jury trial that Boston Scientific has faced. The first two were tried in Massachusetts and resulted in defense verdicts. Venue is obviously very important in these cases. There are several transvaginal mesh products which are commonly used to treat stress urinary incontinence and pelvic organ prolapse. The seven manufacturers are facing thousands of claims filed by women who allege that the defects in the mesh products were known but not disclosed by the manufacturers.

For more information contact www.earldrottlaw.com.

Endo International Agrees To Settle Vaginal-Mesh Defect Lawsuit

Endo International recently settled approximately 10,000 vaginal-mesh lawsuits involving their Perigee, Apogee, and Elevate mesh implants for a combined settlement of more than $400 million. The settlement averages about $48,000 for each injured victim. Endo reportedly has reserved $1.6 billion for liability arising out of its surgical mesh products.

The Food and Drug Administration considers the vaginal-mesh inserts to be high-risk devices and takes the position that the vaginal-mesh inserts should be subject to stricter safety standards. In 2010 alone U.S. doctors inserted more than 70,000 mesh devices.

A lawsuit filed in the U.S. District Court in Marshall, Texas, alleges that thousands of highway guardrail end caps are defectively designed  with the result that when a vehicle runs off the road and collides with the end of the guardrail instead of cushioning the impact the guardrail spears the vehicle.  At issue is the Trinity Industries’ ET-Plus guardrail manufactured by a division of Dallas-based manufacturer Trinity Industries .   The Center for Auto Safety recently filed a motion requesting federal judge Rodney Gilstrap to unseal many of the documents in order to determine whether a recall of the  guardrails was necessary.

For more informational visit https://www.earldrottlaw.com/.

The increase in oil and gas exploration and production in Texas is a mixed blessing. Along with an increase in jobs comes a substantial increase in loss of life, limb and property. Commercial auto losses and workers compensation claims are on the rise.

TXDOT data reflect that in 2013 the Eagle Ford Shale region had 236 fatal crashes and a total of 3,430 serious and/or fatal accidents, many involving oilfield trucks, which represents a 7% increase over 2012 statistics.

The Permian Basin area experienced 4,371 serious injury accidents including 358 fatalities representing a 13% increase over 2012.

General Motors recently admitted that it became aware of the defective ignition switches as far back as 2001 which caused the vehicles to shut off resulting in auto accidents. The defective ignition switches were manufactured by Delphi Automotive. A Dephi spokesman reports that the switches which were installed in approximately 1.6 million vehicles only costs between $2 and $5 dollars to produce and can be changed out in a few minutes by a trained GM mechanic.

The defective switches give rise to products liability causes of action potentially for both defective design and/or defective manufacture. In most states the liability attaches to both the manufacturer and any distributor/retailer in the chain of distribution.

For more information contact www.earldrottlaw.com.