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Defective Products Archives | Farah & Farah

Is Your Explorer Poisoning You With Exhaust?

By Farah & Farah on March 2, 2017

A federal investigation is focusing on exhaust fumes filling the cabin of the popular SUV, Ford Explorer.

Many consumers have complained of a rotten egg smell coming from the back of Ford Explorers. That smell may be more than unpleasant, it may be toxic.   

A dash cam video shows Newport Beach, California officer Brian McDowell behind the wheel of his 2014 Explorer police cruiser.  CBS News reports he was responding to a call when he blacked out behind the wheel, crossed into ongoing traffic and crashed into a tree.

McDowell dislocated his shoulder, suffered traumatic brain injury and a broken eye socket. 

There was no medical reason for him to black out. McDowell had no drugs or alcohol in his system.

The smell may be carbon monoxide and the issue seems to occur while the vehicle is accelerating with the AC on.   

NHTSA finally launched investigation in July after 154 customer complaints about the 2011 to 2015 model Ford Explorers. Now, CBS reports there are 450 complaints and they include the 2016 and 2017 Explorer models. 

NHTSA reports there have been no serious injuries, though office McDowell’s accident could hardly be discounted as “not serious,” since he nearly died.   

Officer McDowell is suing.

In Florida, Angela Sanchez-Knutson sued Ford in 2014 over the odor in her car. After eight service visits to a Sunrise dealership, the dealership said it had no idea how to fix the problem. 

Her lawsuit claims consumer protections laws have been violated.

Last October, in response to the Sanchez-Knutson lawsuit, Ford agreed to a national settlement to benefit up to one million consumers.

Consumers who purchased or leased a 2011 to 2015 Ford Explorer are part of the class which offers several components of relief – first, repairs including additional sealing efforts and parts replacement including HVAC recalibration. 

If necessary, the exhaust tips and muffler assembly will be replaced. 

Consumers will be offered cash if they are out of a warranty period. 

If the problem is not fixed, Ford will buy back the car. 

One million Ford Explorer owners and lessees must be directly informed about the exhaust issue as part of the settlement. 

The settlement was reached after the trial began. 

For its part, Ford has issued three repair bulletins since 2012 so car dealers can fix the problem. The bulletins do not mention the “dangerous quantities” of carbon monoxide leaking into the passenger cabin, according to a lawsuit filed against Ford. 

Ford also says consumers should contact their local Ford dealer and the odor “poses no safety risk.”

To remedy the situation for now, police cars in Newport Beach carry monoxide detectors in the cabin. CBS News reports some have gone off.

Defective Automobile Seats

By Farah & Farah on October 14, 2016

automobile-seatAutomobile seats have been called “the most important single lifesaving device available” for protecting passengers in an accident. While that may be the case, today’s automobile seats, both front and rear, have time and again been shown to be poorly designed. Defectively designed and manufactured auto seats are particularly dangerous to children seated in the back seats of automobiles when rear ended—for two reasons. One: trunk contents like jacks, spare tires, luggage, etc. can be pushed through the backs of the rear seats, crushing the children between the seat and their safety belt. Two: the front seats can fail, sending the front seat occupants and their seats into the back seat where the children are seated. These types of accidents have resulted in serious injury and death for many children.

Read the rest »

Posted in: Defective Products

Bloomberg Reports Johnson & Johnson Considering $3 Billion Hip Implant Settlement

By on September 3, 2013

The DePuy hip implant injury attorneys at Farah & Farah have learned that Johnson & Johnson (J&J) has discussed paying out more than $3 billion dollars to settle some 11,500 lawsuits over its recalled hip implants. Bloomberg News reported that the reported payout of $300,000 per case is some 50 percent larger than the company had discussed previously.

A spokeswoman for DePuy, the J&J unit that manufactured the defective hip replacements in question, stated “reports about a possible resolution of the litigation are premature and speculative.” However, Bloomberg claims that it gleaned its information concerning the settlement discussions after talking to five people who are very close to the matter.

Read the rest »

Judge Upholds $8.3M Jury Verdict in DePuy ASR Trial

By on June 7, 2013

A California judge has upheld an $8.3 million jury verdict for the plaintiff in the first DePuy ASR defective hip trial, sending Johnson & Johnson attorneys scrambling to figure out their next move.

It was the first case that went to trial concerning allegations that J&J’s DePuy Orthopaedics ASR metal-on-metal hip replacement was defective and that DePuy knew it and failed to warn patients. The trial ended in March.

After the jury found for the plaintiff, J&J attorneys asked the judge to overturn the verdict and grant a new trial. They claimed the evidence did not support the finding. Read the rest »

J&J Negotiating Possible $2 Billion Settlement over Hip Implants

By Eddie Farah on January 22, 2013

FL Defective Hip Implant VictimBloomberg News is reporting that several sources have told them that medical device giant Johnson & Johnson is negotiating a settlement over its recalled metal-on-metal hip implants — a settlement that could potentially reach over $2 billion.

According to Bloomberg, J&J is facing more than 10,000 lawsuits concerning recalled hip implants and wants to offer $200,000 a case. If most of the plaintiffs take the deal, it would add up to more than $2 billion. One expert interviewed by Bloomberg stated that J&J really can’t afford to defend the lawsuits case-by-case, so it makes sense that they would be trying to negotiate a global settlement. Many lawyers for plaintiffs have decried the deal as too low.

The first trial over defective DePuy hip implants is scheduled to begin this week in a state court in Los Angeles. While reports of a potential settlement are flying throughout the media, attorneys for both the plaintiffs and Johnson & Johnson are remaining noncommittal when asked about settlement negotiations. Read the rest »

Florida Woman Files Mirena IUD Injury Lawsuit

By on December 10, 2012

A Florida woman has filed a lawsuit alleging that a Mirena IUD birth control device implanted in her failed to remain in place and she suffered physical, as well as emotional, harm as a result.

The lawsuit contends that the woman started experiencing pelvic pain and later found during a routine check that the IUD had “migrated” and could not be found, even after an ultrasound was taken. She had to undergo laparoscopic surgery to have the defective medical device removed in 2010. The lawsuit claims that the manufacturer, Bayer, offered no warning that the IUD could migrate once implanted. Read the rest »

Stryker Recalls Two Metal Hip Implants, Stops Global Production

By on July 9, 2012

Amid growing concerns that its Rejuvenate Modular and ABG II modular-neck hip stems may be prone to “fretting and/or corrosion at or about the modular-neck junction” which could cause pain, swelling, and tissue damage, orthopedic device maker, Stryker, has voluntarily recalled those devices and will not produce them anymore.

A recent report issued by New Jersey-based Stryker touted the benefits of the modular neck stems, but also conceded that “in rare cases” they may be subject to the same issues plaguing metal-on-metal hip implants.

The U.S. Food and Drug Administration (FDA) has listed numerous adverse event reports concerning the devices on its Manufacturer and User Facility Device Experience (MAUDE) database. Read the rest »

FDA Panel Sees Little Reason for Using Metal Hip Implants

By Eddie Farah on July 4, 2012

Jacksonville Hip Failure InjuryAmid ongoing reports that metal-on-metal hip implants can expose patients to dangerous metallic particles and that the devices can break down early, government health experts said there are few reasons to continue using the medical devices.

That was the conclusion most of the expert panelists reached last week during a U.S Food and Drug Administration (FDA) meeting that was called to look into safety issues concerning metal-on-metal hip implants.

Although the experts fell short of recommending an outright ban of the devices, most panelists saw little reason to recommend their use. The chairman of the meeting, Dr. William Rohr, said, “I do not use metal-on-metal-hips, and I can see no reason to do so.” Read the rest »

Study Finds Drugs Posing as Supplements May Contain Hazardous Ingredients

By on September 1, 2011

The New York Times has done a special series of reports on products that escape U.S. Food and Drug Administration (FDA) regulation and are sold to the unsuspecting public, wrapped in promises of weight loss, muscle, and sexual enhancements. Often these are sold in health food stores or ethnic grocery stores.

In one case, Pai You Guo, was advertised as a natural weight loss supplement from China but federal investigators found it contained a suspected carcinogen. That product was recalled in 2009 but the damage left behind by unchecked supplements cannot be. Kidney failure, addiction, and heart problems are seen from some dietary supplements, according to Dr. Cohen, an internist and assistant Professor of Medicine at Harvard Medical School interviewed for this story. Read the rest »

Public Citizen Petitions FDA for Synthetic Surgical Mesh Recall and Ban

By on August 30, 2011

Synthetic and non-absorbable surgical meshes used in female pelvic surgery to correct pelvic organ prolapse (POP) offers no measurable benefits and may present an unnecessary risk to patients, so the consumer advocacy group Public Citizen has petitioned U.S. Food and Drug Administration (FDA) to have the mesh products recalled and banned. Also, Public Citizen wants the mesh to be considered a Class III medical device, which represents the highest risk, so that it must undergo stringent premarket testing before it is approved for use. At the present time, surgical synthetic mesh, which is prolene, a petroleum product, is allowed into the market after the filing of 510 (k) paperwork, which approves it for marketing, not safety. It does not have to undergo any clinical studies or premarket testing for safety, unbelievable for something that is permanently implanted in the body.

The Public Citizen petition follows a July 13th FDA Safety Notification alerting the public that complications are “not rare” and can include vaginal mesh erosion, pain, incontinence, infection among other problems. In a two year period, the FDA noted there were more than 1,500 reports of complications. Another complicating factor is that it takes often repeat surgeries to remove mesh once it has been placed in the body and in some cases it can never be removed. Co-petitioners include a professor of obstetrics and gynecology at Washington University in St. Louis and a urologic surgeon at the Mayo Clinic in Rochester, Minn. Read the rest »

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The attorneys of Farah & Farah in Jacksonville, Florida have experience with personal injury, medical malpractice, product liability, workers’ compensation, social security, injury and negligence lawsuits, family law and criminal defense. Eddie Farah and our team of Jacksonville attorneys are proud to represent working people and families throughout the country.

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