Articles Posted in Products Safety

This was a terrible headline to read today, that a child was killed in Fayetteville, Georgia when a car rolled over him. The car, a Chrysler Sebring, apparently rolled over him even though the car was in park and no key was in the ignition at the time. Sounds like another car manufacturing defect to me.

Child Killed By Rolling Car

Posted: 7:41 am EST February 18, 2010


It was bad enough that Toyota had recalled hundreds of thousands of newer models of their best-selling Camry and the Corolla and Tundra and certain Lexus models for sudden uncontrolled accelleration. That recall, blamed by Toyota executives as being caused by defective rubber floormats, affected 3.8 million vehicles that contained certain all-weather floor mats. Then Toyota issued another recall for 2.3 million Toyota vehicles, including 600,000 that were not subject to the prior floor mat recall due to an actual mechanical problem that was causing some gas pedals to stick. Which begs the question: was the TRUE problem with the first 3.8 million cars really to blame on the floor mat? Or was this a convenient excuse for what was really an accellerator problem from the get-go? Knowing Toyota Execs, count on the latter.

But now, in the MackDaddy of all Recalls, Toyota has recalled its Star of the Show, the Prius, Toyota said Tuesday it would recall 437,000 of its 2010 flagship Prius hybrid and other gas-electric models worldwide to fix a glitch in the braking system, as the Japanese automaker moved to contain a crisis over defects in a range of its vehicles. Toyota says its only a software problem, which may be true, but are we to trust them?

I have found myself in the last couple of weeks avoiding driving near or around Toyotas on the street. I will switch lanes rather than dare be behind one. I do not own a Toyota, but I can imagine Toyota owners faced with the moral dilemma: “Do I drive my Camry to work and risk killing myself, a loved one or another person? Or do I put it in the garage, continue to make monthly payments on a car I cannot drive and try to find alternate transportation?” Toyota, you’ve got some explaining to do!


The Consumer Product Safety Commission has recalled over 50 Million window blinds due to the potential for choking small children. Parents and grandparents who have blinds in their homes, in my opinion, should immediately remove them. If you want to be certain that the brand of blind you have in your home has been recalled (and there is a good chance it has) you may check the Consumer Product Safety Commission’s website to confirm this.

That window blinds pose a threat of strangulation to small children has been widely known for years. Just ask the group Parents For Window Blind Safety. There are other potential strangulation hazards in every home you must be concerned with. You may remember that the young daughter of the former professional boxer, Mike Tyson, recently was killed by strangulation by a looped cord on a treadmill, in a similar manner that these window blinds strangle children.

I think the bottom line is that we cannot wait for the CPSC to act on dangers to our children. That commission simply waits too long to act. Check your home for dangerous blinds now and remove them.


Have you been taking so-called “herbal remedies?” BE CAREFUL. I am particularly interested if you have been taking a homeopathic drug called “Tobacco Addiction,” the manufacturer of which boasts can eliminate your addiction to smoking. If you have been taking that homeopathic drug, please call me. This is a drug made right here in Georgia which many Georgians may be taking unawares.

There appears an interesting article at , “Herbal Remedies Need Real Scrutiny” about herbal remedies or homeopathic drugs and they remain unregulated in the United States, even though many of these drugs have been known to cause severe side effects and don’t do what they say they will do. These drugs are not monitored by the DEA whatsoever, and may be causing real harm to users. In fact, if you search the Drug Enforcement Agency’s website, for “homeopathics,” nothing even mentioning homeopathics is found. You will find helpful information about these drugs at the National Institute of Medicine’s website: The United States Senate Subcommittee on Crime and Drugs held a hearing—Body Building Products and Hidden Steroids: Enforcement Barriers—late last month, during which both the Food and Drug Administration and the Drug Enforcement Agency were soundly criticized for not doing more to regulate either the dietary supplement market or those illicit players fielding steroids illegally sold as supplements.

I would urge consumers to consult their physician before taking any of these herbal remedies. Make sure they don’t interact adversely with whatever prescription medications you may be taking right now and make sure they have not been reported as causing harm to users, e.g., kidney or liver failure. Report any adverse reactions immediately to your physician AND to the DEA.

One casualty (among many) of the bankruptcy reorganization of General Motors is personal injury claims against GM based on faulty design or manufacture of their vehicles. The Obama Administration was quick to throw injured plaintiffs under the bus by agreeing that all such pending personal injury claims would simply cease to exist as part of the bankruptcy. Interestingly, several Attorneys General of nine states have now objected to the GM bankruptcy on behalf of their respective citizens because it is a bad deal for their constituents who have been harmed by GM vehicles. Where is the Georgia Attorney General? Who is protecting the rights of Georgia citizens who have been harmed by GM vehicles? It seems like, as with so many things, Georgia is trailing behind other states in protecting its citizens, and that is not right.

The State of Georgia should have hired a good plaintiff’s personal injury trial lawyer to pursue its suit against the maker of Zyprexa rather than handle such a large case on its own. Because the Attorney General’s office pursued the matter against Eli Lilly and Co., the maker of Zyprexa, with its own in-house Assistant AG’s, the State of Georgia settled the claim on behalf of the entire State of Georgia for only $6 Million. That’s not alot for all of the citizens of Georgia. Other states are pursuing the matter earnestly in court and shooting for a jury trial. Once again, the Georgia Attorney General’s office is a day late and a dollar short.

Georgia settles with drug company for $6M

Other states seek more with lawsuits over potential side effects of Zyprexa


I have written about the attempt going on RIGHT NOW at the Georgia Capitol by Governor Perdue and Senator Bill Cowsert and others who take up Governor Perdue’s mantra to eliminate Georgian’s rights to sue a Georgia pharmaceutical company if its drug harms a Georgian. Senate Bill 101, heard yesterday in the Economic Development Committee (NOT the Judiciary Committee, where it actually belongs), would strip Georgians of ALL of our rights to hold a Georgia drug manufacturer liable for damages its drug causes a Georgian. Ironically, this bill would hurt ONLY Georgians; those folks who took the drug in any other state, Alabama, for example, WOULD be able to hold the Georgia company responsible for the harm it causes, as it should be. Can you imagine any worse affrong to the rights of Georgia citizens than this? This should show you how little the Governor of Georgia and his followers in the Georgia General Assembly think of the welfare of Georgia consumers. Yesterday in the Committee hearing, the Chairperson did not allow the Committee to vote on the bill.

ACT NOW! Folks, now is the time for everyone living in the State of Georgia to call your State Senator and ask them to vote NO on Senate Bill 101. Also, now is the time to call the Governor’s office and let Governor Perdue know you don’t appreciate his underhanded attempts to eliminate your constitutional rights.

Enough is enough.

Warning to all Georgia Citizens: Governor Perdue is trying to do away with your constitutional rights and make you less safe! Please help us stop him by letting him and your Legislators know you do not want them to support this bill. Please contact Governor Perdue now and ask him to withdraw SB 101.

Governor Perdue wants to place the safety of Georgia’s citizens

in the hands of a corrupt and mismanaged federal bureaucracy

In the midst of what can only be described as one of the worst catastrophes to befall Georgia, the Peanut Corporation of America Salmonella Scandal, Governor Perdue today “promises” to do something about it. While wearing a tie with peanuts on it, (was that some apparent attempt at humor?) Governor Perdue promised he would do something but didn’t say what or when or how or by whom. No solutions.

And yet in the middle of this catastrophe, Governor Perdue has the time and energy and audacity to offer new legislation today that would eliminate the ability of a Georgia citizen to seek civil damages from any Georgia pharmaceutical company whose drug harmed a Georgia citizen if the FDA had approved the drug. The is the SAME FDA that coudn’t protect us from peanuts! Is he kidding? Or does he really mean to treat Georgia citizens like this? One of the ironic things about this bill is that ONLY Georgians are harmed by it! If a citizen of, say, Alabama, takes a drug from Georgia and is harmed by it, that Alabama citizen can sue the Georgia manufacturer in Alabama, but a Georgia citizen would have no ability to hold the Georgia pharmaceutical company liable for the harm it has caused to a Georgia citizen.

This is truly unbelievable and really shocking that the Governor or the Legislature would for even a minute take the bill seriously. I think it is more evidence of the arrogance of the Governor and his disdain for the Georgia Civil Justice System, which, as opposed to the FDA, is truly a legitimate method of holding negligent companies accountable. And by the way, since when did it become unacceptable to hold negligent corporations accountable for the damage they cause? Sometimes I feel like the Governor is in Wonderland.

I continue to be dismayed at Governor Perdue’s apparent disdain for his constituents, the hard-working Everyday Georgians. His proposal to eliminate the right and ability of Georgia citizens to hold Georgia pharmaceutical companies responsible for injuries they cause here in Georgia is INSULTING and a slap in the face of every Georgian. Not to mention the fact that it is probably unconstitutional, as it would limit only the rights of Georgians to seek justice, not of other Americans’ ability to sue Georgia pharmaceutical companies. Imagine that! Governor Perdue is ready, willing and able to throw away your rights because you live in Georgia, but he can’t take away the rights of someone living, say, in Alabama who has been injured by a Georgia pharmaceutical company. What a joke! But, unfortunately, Governor Perdue, in his continued shortsightedness and misunderstanding of the United States Constitution and the Constitution of the State of Georgia, will be attempting to get the Georgia General Assembly to pass such an insane law.

My good friend and fellow trial lawyer, Jay Cook, wrote an op-ed column in the Atlanta Journal and Constitution today. It is reprinted below. Jay, like me, is a Past Preident of the Georgia Trial Lawyers Association. Jay is also a former President of the State Bar of Georgia and now continues the fight to protect the inalienable rights of all Georgians. Good job, Friend! And Fellow Georgians, please contact Governor Perdue’s office and let him know you are not going to take it any more. Also, please contact your State Senator and State Representative and ask them to vote against the Governor’s proposed limitation of your rights.

Should Georgia limit liability for drug companies? CON

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