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Auto Recalls & Takata Airbags Tied to Catastrophic Injuries

Automotive Recalls & Takata Airbags – What They Knew, When They Knew It

In 2016, about 90% of Americans who were of driving age owned a vehicle and they drove about 3.22 trillion miles (yes, that’s trillion with a “t”). With so many cars on the road, it can be frightening when you consider that automotive recalls hit an all time high affecting 53.2 million vehicles. If you were injured by a motor vehicle or motor vehicle equipment that was recalled, you may be eligible to make a claim.

What They Knew

Takata airbags has been called “the largest and most complex safety recall in U.S. history” by The National Highway Transportation Safety Administration (NHTSA). These faulty products were put into vehicles made by 19 different automakers from the years 2002-2015. The problem is that these airbags can forcefully deploy causing severe injuries or even death to the driver. They also can cause metal shards to fly throughout the cabin threatening passenger safety. This recall alone is said to affect 37 million vehicles.

Ford Motor Company’s top-of-the-line Super Duty F-Series trucks have recently been put in the spotlight. They were advertised as getting better gas mileage than their other F-Series models while also being marketed as “the cleanest super diesel ever.” However, some experts are citing that these specialty trucks are giving off emissions as much as 50 times the legal limit for nitrogen oxide pollutants and suspect that the on-board diagnostic software is deliberating showing false results.

Honda Odyssey minivans are some of the most popular family vehicles on the market. However, vans that were made between 2002-2017 have second row outboard seats that may not securely latch. If the vehicle brakes quickly, these seats may tip forward causing passenger injuries.

Hyundai is recalling over a million of their cars due to vehicle malfunctions. 2011-2014 Sonatas and 2011-2015 Sonata Hybrids have front seat belts that could detach from the seat belt anchor during a collision. 2013-2014 Sonata and Santa Fe Sport models have been reported to have a seized engine on the road due to limited oil delivery to the connecting rod bearings.

(These are just a sampling of the many recent vehicle recalls that are in the news. You can visit the NHTSA’s website for a list of current vehicle recalls.)

When They Knew

Recalls are usually necessary in two situations: either the motor vehicle or its equipment (including tires) does not comply with a Federal Motor Vehicle Safety Standard or if there is a safety-related defect in the vehicle or equipment. The United States Code for Motor Vehicle Safety (Title 49, Chapter 301) defines motor vehicle safety as “the performance of a motor vehicle or motor vehicle equipment in a way that protects the public against unreasonable risk of accidents occurring because of the design, construction, or performance of a motor vehicle, and against unreasonable risk of death or injury in an accident, and includes nonoperational safety of a motor vehicle.”

In the Takata case, several emails were discovered from the years 1999 – 2000 sharing that the propellant used to inflate the airbags was problematic and could cause injuries to drivers. Additionally, testing of Takata’s inflaters in 1999 and 2000 at the Honda facility resulted in at least two inflaters rupturing. This happened a full eight years before the first Takata airbag recall which occured in 2008, and yet these airbags were still used in millions of cars.

A Timeline for Takata Airbag Settlements

  • March 20, 2018 – Only six out of the 17 automakers have decent loaner car policies for customers who are having their vehicles serviced to replace the faulty Takata airbags.
  • February 23, 2018 – A Delaware bankruptcy judge approves a plan agreed upon by Takata and its creditors to organize a trust fund to compensate the victims of the malfunctioning airbags.  Automakers also decide to contribute between $90 million to $137 million to the trust fund.
  • June 26, 2017 – Takata files for bankruptcy.
  • February 28, 2017 – Takata pleads guilty to lying to automakers about the safety of its airbags.
  • May 4, 2016 – The massive Takata airbag recall includes 35-40 million airbag inflators. This is in addition to the 28.8 million airbags already recalled.
  • November 3, 2015 – NHTSA imposes a record breaking civil penalty of approximately $200 million against Takata.
  • May 19, 2015 – Takata acknowledges that the airbag inflators it produced for certain vehicles were faulty affecting approximately 33.8 million vehicles.
  • February 20, 2015 – NHTSA fines Takata $14,000 per day for not cooperating with the their investigation.
  • November 7, 2014The New York Times published a report stating that Takata was aware of airbag malfunctions years before the company reported it to federal regulators.

What You Should Know About the Takata Airbag Recall

Since so many cars on the road have Takata airbags, many drivers have been frustrated concerning airbag shortages and not being able to have this potentially dangerous part replaced. Although Takata has increased its output of replacement kits, it may take years to address the millions of cars that this recall impacts. Takata has also reported that they are incorporating competitors’ products in half of the inflator-replacement kits and expects that number to reach more than 70 percent to meet the needs of so many consumers.

Additionally, age and temperature are critical factors to consider if your car has a recalled airbag. The older the product is or if you live in a humid environment such as Florida, Georgia, or Hawaii, the more likely it is to malfunction.

Some consumers have joined class-action lawsuits to try to receive financial compensation. For example, a group of BMW, Mazda, Subaru, and Toyota owners reached a preliminary settlement in June 2017. They were awarded cash payments and loaner cars until their vehicles had the faulty parts replaced.

What Can You Do

While each recall and circumstance is unique, there are many times when a car manufacturer knows that they are distributing or using a faulty device and still fails to warn drivers. If you or a loved one was injured due to a dangerous motor vehicle or its equipment, you may be able to make a claim against the motor company. Contact us today so that we can help you to determine if you are eligible to file a claim.

Automotive Recall Warnings In The News

1/19/18: Takata Airbag Recall - Everything You Need to Know

Vehicles made by 19 different automakers have been recalled to replace frontal airbags on the driver’s side or passenger’s side, or both in what NHTSA has called “the largest and most complex safety recall in U.S. history.” The airbags, made by major parts supplier Takata, were mostly installed in cars from model year 2002 through 2015. Some of those airbags could deploy explosively, injuring or even killing car occupants.

Read Full Article

1/10/18: Ford Rigged Diesel Trucks to Beat Emissions Tests, Lawsuit Alleges

Ford Motor Co. rigged at least 500,000 heavy-duty trucks to beat emissions tests, drivers allege in a lawsuit filed Wednesday. The suit adds Ford to the tally of automakers linked to diesel-cheating allegations worldwide that started in 2015 with Volkswagen.

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12/20/17: The Biggest and Noteworthy Auto Recalls of 2017

The auto industry witnessed a record number of recalls in 2016 reaching 52,985,779 in total. That’s a steep number that was plumped up in large part due to the massive Takata airbag campaign that ultimately drove the Japanese company into bankruptcy.

To date, recalls for 2017 punch in at 28,146,661 with Fiat Chrysler, Honda, Ford, Hyundai and BMW leading the way. That’s not a small number, but it’s a far cry from the 2016 levels. Here’s a look at some of the biggest and noteworthy auto recalls issued this year.

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3/10/17: Auto Recalls Hit Record 53.2 Million in 2016

Automakers recalled a record 53.2 million vehicles last year in the United States after a massive expansion of the callbacks to replace Takata Corp. airbag inflators, the U.S. Transportation Department said on Friday.

Under aggressive enforcement by the Obama administration, automakers issued a record 927 recall campaigns, up 7 percent over the previous high in 2015. The previous all-time high of 51.1 million was set in 2015, the department said in a statement.

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GET YOUR FREE Automotive Recall CASE REVIEW TODAY

Automotive Recall settlements are now being negotiated, but there is a limited window to pursue help. If you think you, a friend, or a family member may qualify, get your free case review today… before it’s too late!

  • * Submit now to learn if you may be eligible for a cash settlement or call (800) 511-3838 now.

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The Step-By-Step Guide To Taking Action

How to File for Financial Settlement After Injury from an Unsafe Drug or Device

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The Step-By-Step Guide To Taking Action

How to File for Financial Settlement After Injury from an Unsafe Drug or Device

LATEST ARTICLES

FDA Approves 1000X Stronger Opioid in the Midst of Addiction Crisis

We’ve all heard about the Opioid Crisis and maybe you’ve even had your doctor reduce or halt your prescription of Vicodin, Percocet, or Tylenol with Codeine (to name a few) in recent years.

Ironically, as prescriptions are decreasing concerning this highly addictive medication, the FDA has just approved Dsuvia, an opioid that is five to 10 times stronger than fentanyl and 500 to 1000 times more powerful than morphine.

Doesn’t this seem counterproductive to solving this drug epidemic that plagues the U.S.?

FDA Approves 1000 X’s Stronger Opioid in the Midst of Addiction Crisis

What is Dsuvia?

Dsuvia is made by AcelRx Pharmaceuticals, Inc. and is intended for “the management of acute pain severe enough to require an opioid analgesic and for which alternative treatments are inadequate,” explains Dr. Pamela Palmer, anesthesiologist and chief medical officer at AcelRx.

This new drug comes in pill form and is intended to dissolve under the tongue. Additionally, since it is such a potent medication, it’s only supposed to be distributed and monitored in medical settings to prevent drug abuse.

Other regulations include that a patient may only be on Dsuvia for 72 hours and the prescription will be required to have the same black-box warnings as all opioids concerning the risk of abuse, addiction, and overdose (but who reads a label when you’re admitted in a hospital?).

The Problem with Dsuvia

Opioid abuse has been rampant in the U.S. and offering a new opioid that is significantly stronger may only add fuel to the fire.

“It doesn’t seem reasonable to place another potent opioid on the market at this time, especially when we’re currently still writing 200 million prescriptions for opioids a year,” stated Dr. Raeford Brown, chair of the FDA advisory committee on analgesics and anesthetic drug products. “The need to put a drug like this on the market is not demonstrated.

The ability to manage that drug once it gets past the FDA is not demonstrated…. We know from looking at other potent opioids that have been put on the market in the last four years that once these drugs get past the FDA, there’s very little, if any, control over them, no matter what the sponsor says prior to the time they come on the market.”

More than 115 people die each day in the U.S. from an opioid overdose and opioid misuse costs our country approximately $78.5 billion a year. It seems obvious that offering a stronger drug will only create larger problems, especially when the FDA lacks the funding and manpower to perform post-market monitoring.

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Sources
“Amid deepening addiction crisis, FDA approves powerful new opioid”. CNN. Accessed November 5, 2018. https://www.cnn.com/2018/11/02/health/new-opioid-dsuvia-fda-approval-bn/index.html
“What is Dsuvia? What you should know about the new opioid drug that’s 10 times stronger than fentanyl”. ABC News. Accessed November 5, 2018. https://abcnews.go.com/Health/dsuvia-opioid-painkiller/story?id=58875487
“FDA ADVISORY COMMITTEE BRIEFING DOCUMENT”. FDA. Accessed November 5, 2018. https://www.fda.gov/downloads/AdvisoryCommittees/CommitteesMeetingMaterials/Drugs/AnestheticAndAnalgesicDrugProductsAdvisoryCommittee/UCM622858.pdf
“Opioid Overdose Crisis”. National Institute on Drug Abuse. Accessed November 5, 2018. https://www.drugabuse.gov/drugs-abuse/opioids/opioid-overdose-crisis

California’s Deadly Camp Fire: How To Receive Financial Support

Once again fires have ravaged California’s forests and have left a multitude of residents displaced. Acres have been destroyed, there is just a charred footprint where thousands of homes once existed, and residents are shocked and wondering how will they ever pick up the pieces to their now broken lives. And for the fourth time in 12 months, faulty electrical equipment has been linked to the devastation.

California’s Deadly Camp Fire: How To Receive Financial Support

While all of the fires in the past year have touched our hearts, “Camp Fire” has hit one of our own team members here at Periscope Group. Laura, the manager of our Call Center, has been busily gathering clothes, toiletries, and other essentials for her parents who lost their home in Paradise, CA. This is their story.

Chris and Jenny’s Story

Chris and Jenny bought their retirement dream home in July 2018 off of Pentz Road in Paradise, CA. Just months later, on November 8, Chris walked outside and quickly noticed that the fire was so close that he could see the smoke swirling at the base of the flames. Just ten minutes later, Chris and Jenny tossed two backpacks containing three days’ worth of clothes, the contents of their safe, their two dogs, and a two-drawer metal filing cabinet into their cars. Chris advised Jenny to “make sure your bumper is touching my bumper the whole way down.” Amidst ash, flames, and wind, they desperately hurried to escape the quickly moving firestorm. Jenny would later describe it as moving through a “Biblical hell.”

They escaped to Chico to find refuge with a relative only to be relocated later that night since the fire was quickly spreading. They moved on to stay with Chris’ aunt who lives in Live Oak.

On the Sunday after their escape, a next door neighbor who was a city official went on an escorted expedition to find out what remained of her home. To her shock and heartbreak, her home had been leveled by the fire along with all of the neighboring homes… including Chris and Jenny’s.

Chris and Jenny have decided not to rebuild. Paradise is unique as compared to some of the other California fire locations in that it’s more of a “mom and pop” type town. There are no big businesses that will start over and many people don’t have the resources to pick up where the fire left off.

Other than the few items that they piled in the car, Chris and Jenny are now left with nothing. Photographs, childhood memories, and their dreams of retiring in Paradise have been reduced to ash. The emotional devastation has been as painful as the physical one.

How Could This Happen… Again?

While Chris and Jenny’s story is upsetting, they are in no way alone in this struggle to rebuild. Three fires last year – Butte, Tubbs, and Thomas – caused hundreds of thousands of acres to be wiped out, cost hundreds of millions of dollars, destroyed over 8,000 structures (most were private homes), and 25 people died. The current Camp Fire exceeds even these tragic numbers. As of November 13, 6,522 residential structures and 260 commercial buildings have been destroyed, 120,000 acres have been burned, and 42 people have lost their lives making this the largest and deadliest fire in California history.

What else do these fires have in common? All of them have been linked to malfunctioning equipment owned by PG&E or Southern California Edison (SCE). In this recent Camp Fire, an Electric Safety Incident Report stated that, “On November 8, 2018, at approximately 0615 hours, PG&E experienced an outage on the Caribou-Palermo 115 kV Transmission line in Butte County. In the afternoon of November 8, PG&E observed by aerial patrol damage to a transmission tower on the Caribou-Palermo 115 kV Transmission line, approximately one mile north-east of the town of Pulga, in the area of the Camp Fire.”   

What Can You Do About It?

We know that if you’re in this situation, you’re probably feeling heartbroken, devastated, lost, confused, and so much more and we want to help. Our legal team has assisted countless people who have lost everything due to mass fires and they can sort through insurance forms and other crucial paperwork to get the funding owed to you. Call (800) 511-3838 or contact us to speak with our Call Center today (and you can even request to speak to Laura!). We want to help you in any way we can.

 


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Image Source: KQED News

 

Is Your Doctor on Probation? Most Patients Don’t Know

Most patients either call their doctor’s office or visit a website to make an appointment. We think about what health complaints we want to share, write down any questions we may have, and just hope that we don’t have to sit in the waiting room too long.

Is Your Doctor on Probation? Most Patients Don’t Know

However, have you ever consider if your doctor ever had to undergo disciplinary action for sexual misconduct or for improperly prescribing a drug? After all, if they committed a crime like this and caught, wouldn’t their medical license be taken away? Not necessarily. Is your doctor on probation for misconduct?

The New California Law

It’s horrible that so many women have been assaulted, but a plethora of good has come from the female Olympic athletes who spoke out against their team doctor and the women who voiced their stories in the #MeToo movement.

One example of progress can be found in the new California law enacted in September 2018 called the Patient Right to Know Act. This law states that physicians are required to inform patients when they were put on probation for harming those under their care. There is already a public directory in place that shares this information, but most patients are unaware of its existence (if your doctor is in California, you can look for your doctor’s name here. For other states, conduct a Google search that says, “how can I find out if my doctor is on probation in {your state here}?” The website for your medical board should appear.)

With this new law in place, physicians on probation after July 1, 2019, are required to alert clients about their status before an appointment.

Doctors may be put on probation for the following reasons:

  • Sexual misconduct against a patient
  • Drug abuse that can be harmful to patients
  • A criminal conviction which resulted in harm to patients
  • Inappropriate prescribing resulting in patient harm

“It’s never made sense that doctors have had to tell their insurance companies, hospitals and clinics when they are put on probation, but not the people who are most at risk — their patients,” stated Lee Harris, president of the Consumer Attorneys of California.

According to the LA Times, surgeons, osteopaths, naturopathic doctors, chiropractors, podiatrists and acupuncturists are also bound by the new law.

The relationship between you and your doctor is important and you need to feel safe, heard, and cared for to receive the optimum care that you deserve. If you don’t feel this way about your doctor, it may be time to search for a new one. Furthermore, this only affects California. We think other states should follow their lead.

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Sources
“California doctors must tell patients if put on probation for sexual misconduct under new law”. LA Times. Accessed October 31, 2018. http://www.latimes.com/local/lanow/la-me-ln-doctor-probation-law-20180920-story.html
“New Law Requires Doctors on Probation to Disclose Discipline to Patients”. NBC San Diego. Accessed October 31, 2018. https://www.nbcsandiego.com/news/local/New-Law-Requires-Doctors-to-Disclose-Past-Discipline-to-Patients-493909811.html

Periscope Group is not owned by or operated on behalf of any attorney or law firm. We are not affiliated with any drug or medical device companies. We do not host advertisements nor do we accept advertising requests. We are here to help YOU, the consumer, become better educated and supported. You pay absolutely nothing for our help. It’s as simple as that.

Periscope Group is not owned by or operated on behalf of any attorney or law firm. We are not affiliated with any drug or medical device companies. We do not host advertisements nor do we accept advertising requests. We are here to help YOU, the consumer, become better educated and supported. You pay absolutely nothing for our help. It’s as simple as that.

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© All Rights Reserved • 2017 • Periscope Group, 4155 Blackhawk Plaza Circle, Suite 100, Danville, CA 94506 Legal Disclaimer

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