Products Liability

Ford Recalls Nearly 50,000 Escape SUVs

September 6, 2012 | by Broussard, David & Moroux

Ford Motor Co. issued an international recall of nearly 500,000 Escape SUVs after the National Highway Traffic Safety Administration received 68 complaints. These complaints included reports of 13 accidents and one fatality. The recall includes the 2001 to 2004 model year Escapes.

The NHTSA says the problem is linked to an inadequate clearance between the engine cover and the cruise control cable. This defect can cause the gas pedal to stick. Ford also recalled its 2013 model year Escapes after discovering that the engines could catch fire due to a defective fuel line leak.

Fatal escalator accidents raise concerns about escalator safety

August 9, 2012 | by Broussard, David & Moroux

A 20-year-old Tennessee fan was killed after he fell over an escalator railing in the Georgia Dome. Another fan fell five stories to his death at the Texas-Vikings game in Houston last week. Police suspect both fans had consumed alcohol before falling.

Escalator accidents are becoming more common in today’s fast-paced world. Falls are the leading cause of escalator-related deaths and injuries in the U.S. Even with user misuse, falls can be caused by a defect in the escalator’s design. For example, an escalator may be defective if the designed railing is not high enough to keep riders secure.

Drug Company To Pay $3 Billion in Fraud Settlement

July 26, 2012 | by Broussard, David & Moroux

GlaxoSmithKline will pay $3 billion dollars, the biggest single settlement of health fraud in U.S. history, for the unlawful marketing of two drugs and failing to provide necessary information to the Food and Drug Administration.

The drug company admitted to falsely representing that certain drugs, such as Paxil and Wellbutrin, were approved to treat issues beyond the drugs’ FDA approval. A United States attorney called the settlement “unprecedented in both size and scope.”

Broussard, David & Moroux represents clients who are injured by dangerous drugs. Our attorneys have experience taking on large corporations and fighting for the rights of injured consumers. An experienced lawyer can analyze the facts and circumstances surrounding your case and determine whether you have a successful claim against a pharmaceutical company. Products liability law provides theories for recovery in pharmaceutical litigation. In a typical lawsuit against a pharmaceutical company, an injured group of consumers intends to hold a negligent manufacturer legally responsible for their common injuries caused by their dangerous drug.

Iberia Parish Plane Crash; Pilot Survives

July 5, 2012 | by Broussard, David & Moroux

A single-engine plane crashed in Iberia parish, injuring the pilot. No other passengers were on board. According to witnesses, the plane crashed while the pilot was practicing landings and takeoffs in an open field. Authorities suspect the pilot collided with a power line.

In the past 10 years, there has been a 20 percent increase in private plane crashes in the U.S. Industry studies suggest that the cause of these accidents include pilot error, inadequate training, overloading planes, relaxed maintenance standards and sudden changes in weather. Mechanical failure is also more common in private planes than commercial aircrafts.

Mississippi Factory Explosion Raises Questions about Plant Safety

June 14, 2012 | by Broussard, David & Moroux

A steam explosion at a fertilizer factory in Pascagoula, Mississippi last week tragically killed one worker and left two other workers injured. Authorities continue to search for the cause of the accident. This accident marks the second fatal explosion at a plant in this area in a two-week-period.

Factories, chemical plants and refineries pose unique dangers to workers. Because these jobs often involve complex machinery and dangerous chemicals, workplace safety should be an employer’s utmost priority. A workplace explosion or fire can lead to the loss of limbs, back injuries, life-changing burns or death. A serious injury can dramatically affect a worker’s ability to earn a living.

Defective Bicycle Frame Cause of Fatal Crash

April 26, 2012 | by Broussard, David & Moroux

A Massachusetts cyclist died in a crash believed to be caused by a defect in the bicycle. Police believe the fork-the portion of the frame that holds the front wheel- separated from the bicycle, causing the crash and killing the father of three.

The fork on the bicycle was the subject of a recall in 2008 by the U.S. Consumer Product Safety Commission. The manufacturers stated the forks were found to crack and break under certain conditions.

As consumers, we expect our products to be safe and free from dangerous defects. Unfortunately, each year thousands of people are seriously injured by defective products. Tragically, some of the most dangerous defective products are baby products and children’s toys. Products liability is an area of law that holds product designers, manufacturers, distributors and sellers responsible for unreasonably dangerous products under certain circumstances.

November: A Deadly Month for Private Planes

November 21, 2011 | by Broussard, David & Moroux

November has been a tragic month for air travel. Three separate private planes have already been in the headlines this month. The first plane crash, killed two Oklahoma State University coaches and all passengers on board. The second plane crashed in Arizona, tragically killing an entire family. The third plane crashed in Georgia, killing a married couple and their 24-year-old son. Federal investigators continue to search for the cause of these devastating crashes.

Private air planes pose unique aviation safety concerns. Compared to commercial pilots, private pilots often undergo less training. With less training, these pilots may lack the experience needed to adequately react to emergency situations in transit, such as unexpected extreme weather, wind gusts or a mechanical malfunction.

Another common problem that arises with private planes is mechanical failure or negligent plane maintenance. At times, mechanics and private plane manufacturers cut corners when it comes to ensuring that private planes are suitable for flight because these planes are not common carriers and typically carry less people than commercial airlines.

Expediting FDA Review: Good for Corporations; Bad for Consumers

October 24, 2011 | by Broussard, David & Moroux

Last week, the Senate proposed a bill purporting to accelerate the FDA’s review times for medical devices. The proposed legislation would relax current conflict of interest rules that apply to FDA advisers, reversing an existing law. Currently, federal law prohibits an expert with a financial stake in medical device companies or competitors from serving on an FDA advisory panel.

Congress implemented these conflict of interest rules to remove corporate self-interest from FDA advisory panels. But since the implementation of these rules, critics have alleged that the current law prevents the release of new medical devices to consumers. The new legislation could benefit consumers by shortening the waiting period for cutting-edge medical devices.

This proposed legislation could also have unintended effects. Most notably, the legislation could also increase the number of dangerous medical devices on the market, endangering the health and safety of patients as biased FDA advisors could lead to the release of medical devices without adequate testing or warning to consumers.

Colorado Food Poisoning

September 26, 2011 | by Broussard, David & Moroux

A Colorado-based melon farm issued a recall last week after its cantaloupes tested positive for listeria, a deadly bacteria. The contaminated cantaloupes have been linked to at least two deaths and 22 illnesses in Colorado and New Mexico. State authorities believe that this number could increase in more states pending test results.

In light of news of another bacterial outbreak linked to produce, it is no surprise that about 76 million Americans suffer from food poisoning each year. Food contamination can occur at any stage of food production. For this reason, farms, processors, food handlers and restaurants have a duty to adequately manage food products with care and to ensure that their products are safe for consumption.

Louisiana Medical Review Panel’s Findings Not Admissible

September 13, 2011 | by Broussard, David & Moroux

The Louisiana Supreme Court recently held in McGolthlin v. Christus St. Patrick Hosp. that a Medical Review Panel’s finding is not subject to mandatory admissibility when the Medical Review Panel exceeded its statutory authority by making its determination based on of a finding of credibility.

In Louisiana, a plaintiff suing for medical malpractice is statutorily required to appear before a Medical Review Panel. La. R.S. 40:1299.47 governs this procedure. The panel is comprised of three health care providers licensed to practice in Louisiana and one attorney.

Before the panel, both parties present their case and evidence. The panel then decides whether the allegedly negligent doctor breached an applicable medical standard of care. The statute requires that the panel’s finding must be offered into evidence in court.

The Court’s holding purports to ameliorate any inequity that may result when a medical review panel exceeds its statutory authority. Now, if the panel inappropriately makes a credibility determination, the panel’s decision will carry no weight in subsequent malpractice litigation.