The Mechanics and Legal Logistics of the Toyota Lawsuits

0 comments

Posted on 26th March 2010 by Gordon Johnson in Uncategorized

, , , ,

The litigation stemming from Toyota’s sudden-acceleration debacle continues to move forward, with the auto maker arguing Thursday that the 200 lawsuits stemming from the problem should be consolidated. http://www.google.com/hostednews/ap/article/ALeqM5imJf-xAYjZsiJx5KJN87X2aebzZQD9ELQ9N81

Toyota’s head attorney, Carl Dawson of Georgia, plead the car manufacturer’s case for having the personal injury and wrongful death suits, as well as any potential class action suits, merged.

“All these cases have common issues,” Dawson said. “There will be significant overlap.”

Dawson also argued that the suits should be handled in a California court, since Toyota’s U.S. headquarters is in Los Angeles. He argued his points before the U.S. Judicial Panel on Multidistrict Litigation in San Diego.

The hearing was a circus of lawyers, as The Wall Street Journal reported Friday. Two dozen attorneys had only two minutes each to make statement to the judicial panel, arguing that the cases be handled in venues such as Louisiana, for example. The Journal compared the proceedings to speed-dating. http://online.wsj.com/article/SB10001424052748704094104575143690736388422.html?mod=WSJ_hpp_LEFTWhatsNewsCollection “At stake are huge fees that the only a few lawyers will collect in the suits against Toyota…Lawyers based where the lawsuits are heard will have a good shot at taking the lead position in the cases,” The Journal wrote.

There have been 140 suits filed in federal courts against Toyota, and many more are pending in state courts.

Friday The Los Angeles Times offered an updated tally of the number of deaths now blamed on the acceleration of Toyota vehicles. It is more than 100, according to The Times, twice the number reported two months ago. http://www.latimes.com/business/la-fi-toyota-deaths26-2010mar26,0,5790258.story

Lawyers Role in Toyota Lawsuits

0 comments

Posted on 16th March 2010 by Gordon Johnson in Uncategorized

, , , ,

With the Toyota acceleration debacle in the headline every day, the new twist on the story is writing about auto-safety litigation and the role attorneys are playing in the suits that have been filed against the Japanese auto maker.

On Monday The Wall Street Journal did a piece headlined “Lawyers Vie For Lead Roles In Toyota Lawsuits” http://online.wsj.com/article/SB10001424052748703457104575121571198599134.html?KEYWORDS=toyota+lawsuits as well as a blog on the topic. http://blogs.wsj.com/law/2010/03/15/pick-me-toyota-plaintiffs-lawyers-to-plead-their-cases-in-san-diego/tab/print/

There are so many cases pending against Toyota, with more to be filed, that The Journal suggested that it’s likely that many of the claims in the cases will be consolidated.

There will be a hearing held March 25 by the U.S. Judicial Panel for Multidistrict Litigation, which will be responsible for consolidating cases, in San Diego federal court.

Arsenault is conducting a “Toyota Symposium” right before the Judicial Panel hearing. One of the panels will be on “Liability Issues: The Mechanical vs. Electronic Debate.”

Over the weekend there was more news about Toyota litigation, as the Orange County District Attorney’s Office filed suit against the auto maker. The suit charges that Toyota knowingly sold thousands of hundreds of thousands of cars with acceleration problems, http://www.latimes.com/business/la-fi-oc-toyota13-2010mar13,0,4331092.story

The Los Angeles Times also wrote a fascinating history of auto-safety litigation, which credits lawsuits with leading to life-saving innovations to cars over the past 50 years. Those improvements include gas tanks that’s won’t explode if a car is hit in the rear, and dashboards and steering columns that absorb a body’s impact. http://www.latimes.com/business/la-fi-toyota-litigate14-2010mar14,0,2005316.story

Toyota Now Faces Problems With Priuses

0 comments

Posted on 11th March 2010 by Gordon Johnson in Uncategorized

, , , , ,

Toyota’s woes never seem to end, with two incidents involving Priuses suddenly accelerating making national headlines Wednesday.

In one instance, a man in California was able to get help from a California Highway Patrolman when his 2008 Prius sped up to 90 mph as he was driving on a highway in San Diego. The police officer coached the man, who then was able to stop the vehicle. http://online.wsj.com/article/SB10001424052748704784904575111503873150166.html?mod=WSJ_hpp_sections_business And in a second incident, a 2005 Prius crashed into a stone wall in Harrison. N.Y. In that car, the floor mat had been tied to the seat, most likely by the dealer, so the mat can be blamed for the accident. http://www.nytimes.com/2010/03/10/business/10toyota.html?ref=business

Toyota has already done massive recalls of its Camry and Lexus lines, after vehicles suddenly accelerated, allegedly causing accidents that killed at least 50 people.

The automaker has also recalled its 2004 to 2009 Priuses, but that was just to deal with the issue of floor mats making the accelerator stick.

Did no one at Toyoto think to check their other models?

All’s Well Is Not Ending Well With Toyota Repairs

0 comments

Posted on 3rd March 2010 by Gordon Johnson in Uncategorized

, , ,

Toyota is far from off the hook for its deadly accelerator problems, which has resulted in accidents that have killed dozens of people. Now, federal officials are weighing whether to make all trucks and cars made in the U.S. have brakes that can override gas pedals. http://content.usatoday.com/communities/driveon/post/2010/03/feds-weigh-requiring-brake-devices-on-cars-to-prevent-runaway-acceleration/1

That’s what Transportation Secretary Ray LaHood said to Congress on Tuesday.

Right now Washington officials are pinning 52 deaths on Toyota vehicles that suddenly accelerated and crashed. The auto makers has issued 10 million recall notices.

But that’s not what’s most scary now. There are reports that Toyota’s vehicle recall and repairs may not be working. The National Highway Traffic Safety Administration has received at least seven complaints from people who claim their Toyotas have still suddenly accelerated after having their gas pedals fixed and floor mats replaced by dealerships.

The Toyota Debacle, With The Los Angeles Times Counting At Least 56 Dead from Sudden-Acceleration Accidents

0 comments

Posted on 1st March 2010 by Gordon Johnson in Uncategorized

, , , ,

The story of Toyota’s deadly failure to remedy the acceleration problems with its cars had endless twists last week, when Congress held hearings on the matter.

This week, the media is offering up an analysis of what Toyota did and didn’t do, with U.S. lawmakers accusing the automaker of withholding information and other drama. For example, Time magazine did a lively review of the hearings.
http://www.time.com/time/printout/0,8816,1968086,00.html#

It’s hard to keep track of it all.

But what often gets neglected in the headlines about the Washington hearings and the official apologies by Toyota management is that people, a lot of people, died terrifying deaths because of these faulty brakes.

But these week, we got some of the heart-breaking stories of those who died when their cars accelerated, speeding out of their control.

First, the Los Angeles Times did lot of legwork and found that at least 56 people have died in accidents related to the sudden acceleration of their Toyota vehicles.
http://articles.latimes.com/2010/feb/28/business/la-fi-toyota-deaths-mainbar28-2010feb28

That piece offers an overview of some of the circumstances and details of these crashes, which may have been avoided if Toyota had acted sooner. The common theme seems to be the terror and helplessness the victims felt before their cars sped out of control and they were killed.

The second story offers a capsule account of each of the 56 deaths, with the person’s name, date of their fatal accident and the circumstances.
http://www.chicagotribune.com/business/la-fiw-toyota-deaths-list28-2010feb28,0,3224161,print.story

It humanizes these people. It reminds us of when The New York Times wrote profiles of each victim of the 9/11 terrorist attack on the World Trade Center in New York City. It put a face on those innocents.

The National Highway Safety Board has actually bought the Lexus ES 350 that was owned by hearing witnesses Rhonda and Eddie Smith of Tennessee. They described how their Lexus accelerated on a highway for six long minutes until Rhonda got control of the vehicle again.
http://content.usatoday.com/communities/driveon/post/2010/02/feds-to-study-lexus-that-almost-killed-tenneessee-woman/1

Toyota, After Saving $100 million by Limiting Prior Camry Recall, May Have Been Penny-Wise and Pound Foolish

0 comments

Posted on 22nd February 2010 by Gordon Johnson in Uncategorized

, , , ,

Toyota, once reputed to be one of America’s most trusted auto brands, keeps digging itself deeper in trouble as more revelations come out about its bungling of its car recall. Hollywood couldn’t have scripted a bigger debacle for an auto maker. The debacle has taken many lives. Hopefully, those killed or injured during the sudden acceleration of their Camrys will ultimately get justice in courts. But if Toyota and other corporations don’t learn from these mistakes, they will just keep happening.

In the latest twist in the convoluted Toyota story, The New York Times wrote Monday that the Japanese auto maker figured it could save $100 million by getting lawmakers to agree to a limited recall for the 2007 Camry and Lexus ES cars.

http://www.nytimes.com/2010/02/22/business/22toyota.html?hp

That recall was for the same issue that has plagued Toyotas now, namely accelerator pedals getting stuck and cars racing out of control.

The information about the limited recall, part of a presentation, was part of the documents subpoenaed by the U.S. House Committee on Oversight and Government Reform, according to The Times.

So far Toyota has recalled more than 8 million cars globally about the issue of accelerators getting stuck. The company has also stopped making and selling the vehicles with suspected accelerator problems.

The $100 million is savings figure was part of a confidential presentation that the president of Toyota’s North American operations, Yoshimi Inaba, made to his staff in Washington.

The car maker said it had gotten several favorable federal rulings regarding a 2007 recall of the Camry and Lexus ES 350 sedans for faulty accelerator pedals. Toyota boasted that by negotiating an equipment recall with the finding of a defect, the company saved $100 million. It also said it had delayed the imposition of federal safety rules impacting other models, saving it millions.

As it turns out, that $100 million savings may not have been such a bargain for Toyota.

DEA weighs new limits on drug eyed in Jackson case

0 comments

Posted on 15th July 2009 by Gordon Johnson in Uncategorized

, , , , ,

Sometimes, you just have to wonder. How did a drug like propofol, slip by the radar screen of the DEA? Are they too busy prosecuting the use of marijuana, fighting off Mexican bandits, or was this just a Bush administration decision to look the other way?

Attorney Gordon Johnson
http://tbilaw.com
http://waiting.com

http://heparin-law.com

Date: 7/15/2009 4:45 PM

DEVLIN BARRETT,Associated Press Writer

WASHINGTON (AP) — Federal authorities are considering making the potent anesthetic propofol — one of the drugs found in Michael Jackson’s home — a controlled substance, which would put new limits on its distribution.

The Drug Enforcement Administration was petitioned two years ago to make propofol a scheduled drug under the Controlled Substances Act. That designation is used to impose restrictions on distributing and prescribing certain drugs prone to abuse and addiction.

DEA spokesman Rusty Payne confirmed Wednesday that the agency is considering adding propofol to the list of controlled substances. The brand-name version of propofol is called Diprivan. A nurse who provided nutritional therapy for Jackson, Cherilynn Lee, has said he asked her for Diprivan to treat insomnia. Propofol is not recommended for such use and Lee said she refused the star’s request.

Until Jackson’s death, the main concern about propofol was its potential for abuse by medical staff, because it is usually administered intravenously in hospitals to patients who need to be unconscious for surgery or other procedures.

The Food and Drug Administration has received an increasing number of reports about fatalities linked to propofol in recent years: 43 in 2008 and 35 in 2007, up from an average of 22 per year over the decade before that, according to FDA data. The increase may be due to increasing use of propofol over older barbiturates.

A central question in the Jackson investigation is who provided that drug and other prescription medications found at his rented Beverly Hills mansion. Investigators are talking to doctors who treated Jackson.

Adding a drug to the federal list of controlled substances is a lengthy process. As part of its review, the DEA asks for a recommendation from officials at the Department of Health and Human Services. HHS experts can stop a drug from being added to the list if they recommend against doing so. Congress can also add specific drugs to the list through legislation.

The federal list of controlled substances is divided into five categories, ranging from some of the most potent, like heroin, to much milder products, like cough medicine with codeine.

Propofol is the country’s most widely used drug to induce general anesthesia, and also is used for other types of health provider-based sedation, said Dr. Stephen Parker, anesthesia chairman at Washington Hospital Center in the nation’s capital.

Hospitals and doctors’ offices must follow specific monitoring requirements for different levels of controlled substances, to track how much is bought and used, and who uses it.

Changing propofol to a controlled substance would require “accounting for every cc of the drug that was used,” Parker said, referring to the way the doses are measured. A teaspoon is about 5 cc’s.

“It would put up barriers for us to easily use the drug,” he said. “It’s a lot of bureaucracy and expense, frankly.”

For at least two years, the American Society of Anesthesiologists has had a committee looking into whether propofol should be made a controlled substance, but this has not been a high priority because abuse of propofol is “much, much less common” than of painkillers such as OxyContin, said Dr. David Zvara, anesthesia chairman at the University of North Carolina at Chapel Hill.

“It’s the drug you get when they say count back from 100 and you only make it to 97,” Zvara said. “It quickly and reliably puts people under — usually, very safely.”

At his university, it is used for about four out of every five procedures and is favored over older drugs like Pentothal and other barbiturates.

However, propofol depresses breathing and the heart rate and lowers blood pressure — risks that must be constantly monitored.

When it is abused, it’s usually by people seeking sleep, but even that is misguided, Zvara said.

___

Associated Press Medical Writers Lauran Neergaard in Washington and Marilynn Marchione in Milwaukee and AP writer Justin Pritchard in Los Angeles contributed to this report.

Copyright 2009 The Associated Press.

China's product safety watchdog steps down

0 comments

Posted on 23rd September 2008 by Gordon Johnson in Uncategorized

, , , , , , , , ,

Date: 9/22/2008 5:06 PM

By TINI TRAN
Associated Press Writer

BEIJING (AP) _ The head of China’s food safety watchdog resigned Monday for failing to stop the widespread contamination of baby formula as the number of children sickened in the scandal soared to nearly 53,000, including four infants who died.

The shake-up came as investigators revealed that China’s biggest producer of powdered milk, Sanlu Group Co., had received complaints as early as December 2007 linking its infant formula to illnesses in babies. Months later, tests revealed the milk was tainted with the industrial chemical melamine, which causes kidney stones and can lead to kidney failure.

“During these eight months, the company did not inform the government and did not take proper measures, therefore making the situation worse,” China Central Television reported, citing an investigation by the State Council, China’s Cabinet.

Melamine, used to make plastics and fertilizer, has been found in infant formula and other milk products from 22 of China’s dairy companies. Suppliers trying to cut costs are believed to have added it to watered-down milk because its high nitrogen content masks the resulting protein deficiency.

The number of sick children reported by the Health Ministry has jumped from 6,200 to nearly 53,000. Of those, 12,892 remain hospitalized, with 104 of them in serious condition. Another 39,965 children have been treated and released.

The ministry did not explain the sudden increase in the number of cases but it suggested health officials were combing through hospital records from May through August to trace the origins of the contamination.

Baby formula and other milk products have been pulled from stores around the country and Chinese dairy products, including baby formula, milk candy and ice cream, have been recalled or banned in Japan, Singapore, Malaysia, Brunei and Hong Kong.

In a reflection of the breakdown in supervision of the dairy industry, Sanlu and several other leading companies embroiled in the scandal had been given inspection-free status by the food safety watchdog.

That privilege has since been rescinded, but the World Health Organization stressed Monday it was only a first step and urged closer monitoring.

Quality issues can crop up at any point in the supply chain, from the farm to the retail outlet, said WHO China representative Hans Troedsson, adding: “It’s clearly something that is not acceptable and needs to be rectified and corrected.”

The resignation of Li Changjiang, who headed the General Administration of Quality Supervision, Inspection and Quarantine since 2001, comes a year after he and the government promised to overhaul the system in response to a series of product safety scares.

New regulations and procedures were introduced in an attempt to restore consumer confidence and preserve export markets after a string of recalls involving tainted toothpaste, faulty tires, contaminated seafood and in March 2007, pet food containing melamine that was blamed for the deaths of dogs and cats in the United States.

A series of improvements were announced from establishing a national food recall system to random inspections to increasing exchanges with quality inspectors in other countries.

In an indication of Beijing’s determination to improve product safety, the government in July 2007 executed the disgraced chief of China’s food and drug agency, who was convicted of accepting bribes in exchange for letting fake medicine into the domestic market.

The official Xinhua News Agency said Li stepped down with the approval of China’s Cabinet.

The agency “failed to conduct a proper inspection in this case, and Li Changjiang bears responsibility for this. The State Council has accepted his resignation,” China Central Television reported.

In addition, the top official from Shijiazhuang, where Sanlu is based, was fired Monday for “failing to deal with the case properly,” the official Xinhua News Agency said. Party secretary Wu Xianguo is the latest in a string of city officials who have been sacked over the scandal.

The discovery of the tainted milk is especially damaging because Sanlu was considered one of the most reputable brands in China, winning an industry award in January and being featured on state television last fall as a domestic company with stringent quality controls.

WHO was having discussions with Chinese officials on how to strengthen its food quality system, said Troedsson, its country representative. Local authorities need increased training to create a “more robust reporting system,” he said.

“It is important to know if information was withheld, where and why it was withheld,” he said. “Was it ignorance by provincial authorities or was it that they neglected to report it? Because if it was ignorance there is a need to have much better training and education … If it is neglect then it is, of course, more serious.”

___

Associated Press reporters Anita Chang and Henry Sanderson contributed to this story.

Copyright 2008 The Associated Press.