January 2010 Archives

January 31, 2010

Toyota Recalls

Toyota logo.jpgThe world's largest automaker, Toyota, has announced the largest vehicle recall in history, recalling an estimated 2.3 million vehicles. The following Toyota vehicles have been recalled:

* 2005-2010 Avalon
* 2009-2010 RAV4
* 2007-2010 Camry
* 2008-2010 Sequoia
* 2009-2010 Corolla
* 2005-2010 Tacoma
* 2008-2010 Highlander
* 2007-2010 Tundra
* 2009-2010 Matrix
* 2009-2010 VENZA
* 2004-2009 Prius

The sudden acceleration sticking problem is responsible for at least 16 deaths and more than 200 injuries. Several wrongful death actions have been settled by Toyota and several more are still pending.

Toyota announced the recall only after ABC News told the Jananese automaker that it planned to air an expose on Toyota's sudden acceleration hazards. If you own one of the vehicles on the list, then you should watch for any problems with the accelerator feeling like it's not working as smoothly as is should. Toyota claims the problem is a "wear" issue, and that it does not happen overnight.

At the first sign of a sticking problem, Toyota says you should contact a local dealership and schedule the repair. But, if you are like me and do not believe that Toyota has your best interest at heart, then you should schedule the repair next week. Call Toyota's customer service hot line at 800-331-4331.

January 17, 2010

Johnson & Johnson Issues Giant Recall In North Carolina

Thumbnail image for Johnson & Johnson Bldg.jpgOn Friday, January 15, 2010, Johnson & Johnson, the multi-national conglomerate, issued a huge recall of several of its most popular over the counter medications, including Tylenol, Motrin and St. Joseph's Aspirin. The popular products have a strange moldy smell and have caused more than 75 people to become ill after taking the medicines. The symptoms range from nausea and vomiting to severe abdominal pain. Several people have sought medical attention after getting sick.

Johnson & Johnson apparently knew of the suspect drugs several months ago, but failed to promptly and thoroughly investigate the complaints. The moldy smell allegedly originates with a chemical used in treating the wooden pallets on which the products are shipped. Johnson & Johnson has not publicly disclosed the name of the chemical.

The Food and Drug Administration is also lobbing accusations that Johnson & Johnson should have notified them as soon as they suspected a problem. In a prior post about another drug making giant, Eli Lily, I explained how the FDA obtained billions as a result of the drug maker's violations of the Food, Drug and Cosmetic Act. Similar allegations by the FDA are considered likely in this case as a result of Johnson & Johnson's reckless disregard for the public's safety.

In a separate announcement, the Justice Department is alleging that the pharmaceutical giant has paid millions and millions of dollars in kickbacks to Omnicare Inc. to boost drug sales to patients in nursing homes. Federal prosecutors contend that Omnicare purchases of Johnson & Johnson medicines tripled during this under-handed scheme to more than $280 million. Such conduct will likely cost Johnson & Johnson tens of millions, as it should. Conduct by corporations that intentionally harms the public should continue to be subject these corporate wrongdoers to massive fines, criminal prosecution, and punitive damages.

January 13, 2010

Tractor-Trailer Crash in Pilot Mountain Injures Driver

clark02_large.jpgA Kentucky truck driver crashed his tractor-trailer in the early morning hours on North Carolina Highway 52 South in the town of Pilot Mountain, just north of Winston-Salem. The truck was hauling bundles of tobacco to a cigarette manufacturing plant in Winston-Salem.

A spokesman for the North Carolina Highway Patrol said that the driver of the truck apparently ran off the road around 2 a.m., causing the truck to overturn. The truck driver, Jeff Board of Sanford, KY, was not wearing his seatbelt and was partially ejected from the tractor. EMS transported Mr. Board to Wake Forest University Baptist Medical Center. His treating doctors said that he was now in stable condition. They do not know when he will be released.

Single vehicle crashes like this one, involving tractor-trailers in the middle of the night, are often the result of the driver falling asleep at the wheel. Truck drivers are required by federal law to keep a detailed log of the time they spend driving, resting, and being on duty but not driving. The federal rules also limit the number of hours that drivers can work. At Davis Law Group, we often discover that the truck driver in a truck crash case was driving more hours than the law allows. Truck driver fatigue often leads to deadly consequences for innocent North Carolina citizens. More than 750 people are killed each year from truck driver fatigue, and more than 20,000 are seriously injured. Thankfully, this driver will live to drive again, and no other vehicles were involved.

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January 11, 2010

Tractor Trailers Still Off Tracking In Western North Carolina

truck off tracking1.jpgA young mother and her child were recently driving west on US Highway 74 from Lake Lure to Asheville to visit relatives for the holidays. As the young women rounded a sharp curve about half-way into her trip, she encountered a tractor-trailer headed in the opposite direction. US Highway 74 is a restricted road, and it is illegal for tractor-trailers to travel it.

While the tractor was completely in its lane, the wheels of the trailer were more than half way across her lane. She braked immediately, and because of her low speed for the curve, she stopped in an instant, but it was not soon enough. The trailer tires rolled right over the front of her small compact car. This phenomena is commonly known as "off-tracking," and it happens on a regular basis in Western North Carolina.

The tractor-trailer did not slow down, nor did it stop, and it was gone before the young driver really knew what had happened. Fortunately, there was an eyewitness behind her, who turned around and followed the dangerous trucker until he was apprehended by the State Highway Patrol in Lake Lure. The trucker denied any knowledge that he'd run over the small car, but his companion in the truck told a different story. The trucker was charged with hit and run, operating a commercial motor vehicle on a restricted road, as well as other charges.

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