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Car Accidents
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Archive for September, 2009

Toyota Issues Massive Vehicle Recall in United States

Avalon, Camry, defective floor mats, defective products, Lexus, Prius, Tacoma, Toyota recall, Toyota recall lawyers, Tundra

September 30th, 2009: Washington Law Blogger

Toyota announced today that it is initiating its largest recall in history in the United States, and it’s estimated that as many as 3.8 million vehicles could be affected by this announcement. The reason for the recall is the presence of a defective removable all-weather floor mat on the driver’s side of these vehicles. Apparently, this floor mat has been causing the accelerator in the affected models to stick, which creates a situation of immediate and extreme danger. As a result, Toyota recall lawyers are beginning to field inquiries so that drivers can obtain an understanding of their legal rights and options.

Both Toyota and the National Highway Transportation Safety Administration (NHTSA) are investigating the issue and are working towards having a solution in place that will be announced to the public as soon as possible. In the meantime, officials are advising those who drive these affected models to remove the floor mats as soon as possible. Those models being recalled include:

  • Toyota Camry – 2007-10 models
  • Toyota Avalon – 2005-10 models
  • Toyota Prius – 2004-09 models
  • Toyota Tacoma – 2005-10 models
  • Toyota Tundra – 2007-10 models
  • Lexus ES 350 – 2007-10 models
  • Lexus IS 250 – 2006-10
  • Lexus IS 350 – 2006-10

The NHTSA has stated that its preliminary investigation revealed the presence of defective floor mats that appear to be too long for the space provided on the floor of the driver’s side, and this is what is causing accelerators to stick to the floor. The government has received 102 complaints regarding this issue, although the NHTSA declined to comment regarding how many of these complaints involved accidents.

At least four people have been killed already because of these defective floor mats, and Toyota officials have not only recommended that drivers remove the floor mats, but if they encounter irregular accelerations while driving, they should put both feet on the brake pedal and put the car in neutral when it slows down. If the model has an engine stop/start button, the driver should hold that button down for a period of three seconds.

Reports have also indicated that this accelerator sticking problem has led to vehicles speeding up to 120 mph, and if you or someone you love has been harmed as a result of this defect, you need to contact the Toyota recall lawyers at Phillips & Webster immediately to schedule a free initial consultation.

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Posted in Auto Accidents, Product Liability

More Scrutiny Fixed on Yaz and Yasmin

Bayer Healthcare, Deep Vein Thrombosis, DVT, FDA, misleading advertising, pulmonary embolisms, quality control, Yasmin, Yaz, Yaz lawyers

September 28th, 2009: Washington Law Blogger

Yaz and Yasmin are two birth control products manufactured and sold by Bayer Healtchare, and the company has generated nearly $2 billion in revenue as a result of selling these products based on estimates. While these products are generally similar, they are slightly different in terms of the amount of estrogen in each, which is one of the active ingredients in both formulas. Unfortunately for many women, Yaz and Yasmin have been the target of a high degree of scrutiny in recent years for many reasons, leading to dozens of lawsuits already being filed against Bayer around the country by Yaz lawyers.

There are several reasons for this scrutiny, and they range from advertising issues to alleged manufacturing problems to the development of serious side effects in many women that are extremely serious and can be fatal in certain circumstances. These two side effects are known as Deep Vein Thrombosis (DVT) and pulmonary embolisms. DVT is an otherwise relatively rare condition that involves blood clots forming deep inside the body, usually in the legs. These clots tend to grow and travel to the lungs, and clots in the lungs are known as pulmonary embolisms. Each of these can be fatal if they are not detected early and treated aggressively.

Bayer has also encountered problems on other fronts, the earliest of which that involved these products concerned warnings from the government for potentially false advertising. The advertising at issue portrayed the use of Yaz for the treatment of acne and premenstrual syndrome symptoms. The problems with these claims is that neither use was part of the approval of the drugs and PMS treatment was not an accurate depiction of one of the off-label uses. In response to the warnings received from the FDA, Bayer agreed to pull the advertising campaign and to dedicate $20 million to advertising designed to correct the alleged misinformation.

Finally, just last month, the FDA cited Bayer for potential problems with the manufacturing process involved with the quality control aspect of hormone ingredients. Bayer has answered this citation with a denial, and has also come to the public with the results of a study that concludes that these products are safe. However, it should be noted that Bayer funded this study.

Overall, Yaz and Yasmin have proven to be dangerous for many women who have used them. If you have been harmed as a result of using either Yaz or Yasmin, you need to contact the Yaz lawyers at Phillips & Webster today to schedule a free initial consultation.

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Posted in Defective Drugs, Product Liability

Distracted Driver Legislation Could Affect Trucking Industry

Auto Accidents, distracted drivers, legislation, texting, truck drivers, Trucking Accidents, Washington auto accidents lawyers, Washington trucking accidents lawyers

September 28th, 2009: Washington Law Blogger

The news has been filled in recent years with different stories regarding the issue of distracted driving. In particular, the distractions covered include the use of cell phones without a hands-free device and texting. Studies that have been completed regarding this issue offer a very clear indication that the risk of accidents skyrockets when drivers take their eyes off the road to use these devices. As a result, several states have either passed or are considering legislation that bans the use of cell phones without a hands-free device and bans texting while behind the wheel altogether. In addition, many cases have been brought locally by Washington trucking accidents lawyers on behalf of those injured by distracted drivers.

Now comes word that Congress is considering a federal bill that would be tied to federal highway funding, which basically means that if any state does not follow the new regulation, it would risk losing these payments, which are critical to every state for several reasons. This legislation would speak to the federal banning of texting while driving, but would affect truck drivers and the technology installed in their cabs that allow them to remain connected to their employer, to send and receive emails and to map their course as they drive.

The Virginia Tech study that was made famous for concluding that drivers are 23 times more likely to get into an accident while texting also showed that truck drivers are 10 times more likely to encounter problems while using these computers. However, many trucking companies have some regulations that require drivers to pull over in order to send and receive messages or to use these computers in almost any way.

The problem is that in reality, drivers do not normally have the option of pulling over, as they are running extremely tight schedules and could even face pay cuts if they’re even a few minutes late with a load. It breaks down to the classic business versus safety dichotomy, and the trucking industry is resisting the enactment of this regulation as it applies to them.

Simply put, anything that puts drivers of trucks and anyone around them at risk is problematic, and if someone is injured by a truck driver who was distracted at the time, that truck driver could face a stronger claim brought by the injured plaintiff. If you or someone you love has been injured by a truck driver, you need to contact the Washington trucking accidents lawyers at Phillips & Webster as soon as possible to schedule a free initial consultation.

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Posted in Auto Accidents, Trucking Accidents

Washington Supreme Court Invalidates 2006 Medical Malpractice Law

certificate of merit, medical malpractice attorneys, medical malpractice law, Putman v. Wenatchee Valley Med. Ctr., separation of state powers, Washington Supreme Court

September 22nd, 2009: Washington Law Blogger

In recent years, several jurisdictions around the country have passed different types of laws designed to limit claims and access to filing claims for cases of medical malpractice. These laws came on the heels of several different cases and a lobbying/publicity push by professional and special interest groups designed to get people to think that these claims cost the average consumer money by way of higher insurance premiums.

Washington was no different, as the legislature passed a law that served as a severe limit to filing medical malpractice claims in 2006. This law required any plaintiff filing such an action to obtain a certificate of merit from a licensed expert that basically stated the validity of the claim. This certificate had to be filed in conjunction with the initial complaint, meaning that the plaintiff in effect had to prove his or her case to a doctor before attempting to prove it to the court.

The results were obvious, as many people were unable to secure such a certificate for many reasons, not the least of which was the inability of the expert to obtain statements and evidence regarding the particulars of certain procedures and medical decisions when he or she had no legal authority to do so. Therefore, many medical malpractice claims were thrown out soon after being filed for lacking this certificate of merit.

Ultimately, the issue made its way to the Washington Supreme Court, which heard the case of Putman v. Wenatchee Valley Med. Ctr. The case centered on a clinic’s alleged failure to diagnose ovarian cancer for a period of at least three years, the result of which seriously diminished her survival chances. The trial court dismissed the claim because of a lack of a certificate of merit.

The Supreme Court ruled unanimously on the case, and the decision was that the law that was passed violated the separation of state powers, in that the law allowed the legislature to interfere with the judiciary branch, which has always been charged with setting, enforcing and upholding the norms of court procedures. Therefore, the law is no longer valid and plaintiffs are no longer required to obtain these certificates of merit when filing a claim.

The full text of the decision can be found here, and if you or someone you love has been harmed as a result of a mistake made by a medical professional, you need to contact the medical malpractice attorneys at Phillips & Webster today to schedule a free initial consultation.

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Posted in Medical Malpractice

Return-to-Play Law in Washington Provides Youths with Protection

brain injuries, concussions, medical clearance, personal injury lawyers, return-to-play law

September 22nd, 2009: Washington Law Blogger

Youth sports was traditionally an activity that was pursued for several basic reasons, including the teaching of life lessons to those who played, as an outlet for fun and bonding for young athletes and a chance to build and rally groups and communities. However, in recent years, sports has become big business on nearly every level, meaning that parents and athletes alike are eying a big prize, such as a college scholarship or a professional contract, almost from the first time the child joins a team.

Given the reality of the desires of many parents and participants, youth coaches who traditionally saw their mission as teaching the game to their players and providing those life lessons now have more pressure than ever before to win. Winning creates exposure, and exposure leads to being noticed by scouts and recruiters. As this dynamic has grown, so did the volume of some of the risky decisions made by coaches in furtherance of winning and exposure.

As is often the case when an issue turns to the negative in regards to the public’s general opinion, this situation in Washington turned tragic with the case of Zackery Lystedt, a high school football player from Maple Valley who nearly lost his life as a result of a brain injury suffered in 2006. Zackery suffered a concussion, but coaches returned him to the field before he received medical clearance. Tragically, he suffered subsequent injuries and collapsed on the field, leading to life-saving brain surgery and confinement to a wheelchair.

As a result, the state’s legislature enacted a bill that was signed by the Governor in May that requires written and full medical clearance by a medical professional for any player who suffers what’s even suspected to be a concussion. What used to be considered risky or problematic behavior when players rushed back to the field is now against the law, and anyone responsible for such an unapproved return can be held liable.

Concussions continue to be a mystery for the medical community, and the only approach that’s shown to be appropriate is the use of extreme caution and providing time to heal. If you or someone you love has suffered injuries as a result of being rushed back onto a field of play before being ready, you need to take legal action. Contact the personal injury lawyers at Phillips & Webster today to schedule a free initial consultation.

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Posted in Uncategorized

Washington Supreme Court Rules Parents Can Recover for Death of Child

children, damages, parents, services, Washington Supreme Court, Wrongful Death, wrongful death lawyer

September 11th, 2009: Washington Law Blogger

Wrongful death actions are always emotionally charged and difficult to navigate through for the family members who have lost someone before their time. This is especially true when the person who is wrongfully killed provided any sort of financial support for those who remain behind. However, this situation only grows more difficult and complex when parents have been depending on financial and service-oriented contributions from their child and that child is the victim of a wrongful death.

Such a case unfolded recently in Washington, and the issue made its way to the Washington Supreme Court. In the matter of Armantrout vs. Carlson, the wrongful death action concerned the death of an 18-year-old woman who had been providing care and financial help to her mother, who was blind with diabetes. This care included help with daily medical treatments and other services that would otherwise have been provided by a professional health care service. She had ankle surgery done and died soon thereafter because of the formation of a pulmonary embolism in her lung.

The victim’s parents sued the clinic and won a judgment that included damages for the care services lost by their daughter’s death and her contribution to the family in the form of her Social Security checks. The clinic appealed, and the original decision was overturned because the services provided by the daughter were not paid for directly and therefore not subject to damages per se.

However, the Supreme Court overruled the appellate decision and reinstated the original trial court decision based on the construction of the relevant statutes. The court’s opinion stated, in conclusion, that the trial court had explicitly excluded the everyday services that a child would provide for parents and pointed out that a monetary value could be placed on the care and benefits provided by the decedent. As such, the Supreme Court held that those parents in Washington who do depend on their children for support can rightfully sue for wrongful death and recover economic damages.

If you have suffered this sort of unspeakable loss, you need the help of Washington wrongful death lawyers who will allow you to focus on your emotional recovery while they handle the legal aspects of your claim. Contact Phillips & Webster today to schedule a free initial consultation.

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Posted in Wrongful Death