Personal Injury Blog

NHTSA Proposes Mobile Recall Notifications

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mobile recall notices

NHTSA Proposes Mobile Recall Notifications

The NHTSA (National Highway Transportation & Safety Administration) has proposed a rule that would require automakers to include digital notifications of recall announcements. This would include sending notifications by mobile texts, phone calls and emails.

To date, recall notices or safety announcements are sent via mail. What was once an effective means of communication, the general public now rarely receives any useful mail except for perhaps wedding invitations, holiday cards, and the most exciting of them all, calls for jury duty. In an age where the majority of our communications happens at our fingertips, the faster vehicle owners can be notified of a safety issue the better.

This is exactly what the NHTSA is proposing.

It was reported that Anton Yelchin, the young actor that was crushed to death by his rolling Jeep Cherokee thought to be in the parked position, received his own recall notice in the mail  7 days after his death. Additional ways to notify vehicle owners of recalls might have allowed this message to reach him sooner. Although mailing would still be a requirement, automakers would be required to select an additional digital option to increase the likelihood of receipt by owner.

J.D. Power & Associates announced in July that nearly 45 million vehicles recalled from 2013-2015 remain unfixed. From exploding airbags, to faulty door latches and ignition switches, accidents occur every day from safety issues that have gone unnoticed or unaddressed. Hopefully, this initiative would help reduce that number. Recalled vehicles pose not just a safety threat to their drivers, but to others on the road as well.

A final ruling will be made on the NHTSA’s proposal following a 60 day comment allowance scheduled to end 10/31/2016.

If you or someone you know has been injured as a result of a safety defect on a vehicle, please contact us for a complimentary case consultation.

Chevy Claims 5 of Top 10 spots on Vehicle Safety Watch List

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Chevy Claims 5 of Top 10 spots on Vehicle Safety Watch List

The Safety InstituteOnce again, GM, and Chevy specifically, dominates the Quarterly Vehicle Safety Watch List as reported by The Safety Institute.

Last quarter, the Chevy Cobalt claimed the 1st and 2nd spot on the Watch List for manufactured years 2006 and 2010 respectively. This quarter those dropped to 4 and 6.

Claiming the #1 spot for 2nd quarter of 2016 is the 2008 Buick Enclave. GM reported a sufficient number of claims as a result of the power lift gate suddenly dropping down and striking the owner’s heads increasing their risk of injury or death.

Both the 2011 Chevrolet HHR and the 2006 Chevrolet Malibu moved up the list as more injury and death claims are reported as a result of the faulty ignition switch. The faulty ignition switch was part of a major GM recall in 2014 and included nearly 30 million vehicles worldwide.

The 2009 Toyota Camry is a new addition to the watch list  at #5. Unintended acceleration reports continue to file in at the NHTSA.

To check and see if there is a recall on your vehicle, visit the NHTSA website.

If you or someone you know have been injured as result of a vehicle defect or recall, please Contact Us today for a complimentary case consultation.

 

Recall Announced for 6k Youth & Varisty Football Helmets

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Xenith Announces Recall of 6k Youth & Varsity Football Helmets due to Head Injury Hazard

Epic Varisty helmet by Xenith LLC

Epic Varsity helmet by Xenith

Xenith, LLC of Detroit, MI, has voluntarily issued a recall of their Epic Varsity, X2 Varsity, X2E Varsity, and Youth football helmets due to head injury hazard. The helmets in question have a gloss or metallic-painted poly carbonate shell and were sold or factory-reconditioned between May 1, 2015 and March 18, 2016.

Xenith received 29 different reports of the helmets cracking during normal and intended use. To date, they have not received any injury reports. According to a statement by Xenith President Ryan Sullivan, ‘a flex additive chemical compound, which prevents other coating components from causing embrittlement of the shell material, was not included in the paint mixture for gloss and metallic painted helmets from May 2015 through March 2016.’ They corrected the issue beginning in March, but made the decision to recall the affected helmets out of safety concern for their customers.

Xenith will replace the affected helmets at no charge to their customers. To determine if your child’s helmet is included in the recall, visit www.xenith.com/recall.

Always report product defects to The U.S. Consumer Product Safety Commission.

If you or someone you know has been injured as a result of a product defect or a recall, please Contact Us for a complimentary case consultation.

Chevy Facing Yet Another Round of Recalls

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Chevy is facing another round of recalls as GM announces a 289k Chevy Impala recall for faulty airbag sensor system.

The passenger sensory system is able to detect if a person is seated in the passenger seat and activate the airbag release should an accident occur. The 2009-2010 Chevy Impala models are in question as GM said the sensory system is disabled if the seat frame makes contact with the wires of the unit that contacts the sensors. Vehicle owners will be notified and dealers are committed to fixing the damaged wires for free.

This latest announcement comes as no surprise. Clearly there was a shift in focus during the first decade of the millennium with GM and the safety of consumers was not the priority. In 2003, GM recalled 1.8 million vehicles for faulty windshield wipers. In 2004, GM recalled 3.7 million vehicles for tailgates that broke when people stood on them. It wasn’t until February 2014 when GM began rolling out recalls for faulty ignition switches installed in cars from 1997-2011 that a real pattern of negligence emerged. First it was 1.37 million for the ignition switch recall, then a new ignition switch flaw expanded the recall to 2.6 million. 3 months later, a recall for faulty brake light wiring and front seat belts in pre-2010 models brought the world-wide total to 13.6 million. By June of 2014, GM had recalled nearly 30 million vehicles worldwide for vehicles manufactured a decade before the announcement. This pattern was noticed by the media, the federal government, safety regulators, and most noticeably, attorneys on behalf of clients that were injured as a result of GM’s negligence in their safety and engineering practices.

The Cooper Firm was proud to represent one of the first families willing to go the distance and prove GM was at fault for the wrongful death of their daughter, Brooke Melton. If you, or someone you know, have been injured in an accident as a result of the negligence by an auto manufacturer, we would be proud to represent you as well.

Contact us today for a complimentary case consultation

Bankruptcy Will Not Protect GM from Ignition Switch Claims

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GM Recall Lawyer - The Cooper Firm

New Ruling States Bankruptcy Will Not Protect GM from Ignition Switch Claims

Last week the 2nd U.S. Circuit Court of Appeals ruled that the 2009 bankruptcy filing by GM will not protect the company from claims related to the defective ignition switches installed in their vehicles from the years 1997-2011.

In 2014, GM announced a voluntary recall of nearly 3 million vehicles due to an ignition switch that could slip into an accessory position, effectively turning the car off unbeknownst to the driver. A recall that came about as a result of the relentless pursuit of justice by Ken & Beth Melton, the parents of Brooke Melton who died from injuries sustained in auto accident as a result of a faulty ignition switch in her Chevy Cobalt. The Cooper Firm had the privilege of representing the Melton family on this case. It’s important to know the outcome of the case proved that GM knew about the faulty ignition switch for years and chose not to fix or notify vehicles owners of the issue. GM ultimately expanded the recall to nearly 30 million vehicles worldwide.

Announcing bankruptcy in 2009 led to the creation of what was dubbed ‘New GM’. According to the ruling, ‘New GM’ could not be held responsible for any misconduct by ‘Old GM’ (i.e. knowingly installing faulty ignition switches in new vehicles) and therefore were immune to any lawsuits or claims from accidents that happened prior to 2009. Last week’s appeal changed all of that. The 2nd Circuit ruled that the bankruptcy court had no jurisdiction to free GM of those claims. The decision to file for bankruptcy does not change the fact that GM was aware of the issue and chose to hide it, denying people of their right to due process since they were not notified of the safety issue prior to the filing.

This is a big win for consumers who were affected by this cover-up. We expect to see an unprecedented amount of cases come forward from accidents that occurred prior to 2009 as a result of the faulty ignition switch and the actions of GM.

Check to see if your vehicle has an active recall here: NHTSA.gov

If you or someone you know has been injured as result of a possible GM ignition switch failure, please Contact Us today.

Source: Reuters.com

My Journey with Orphan Aid: Liberia

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Linda

Seeing, Hearing & Doing. My Journey with Orphan Aid: Liberia

by Linda Stricker

 

Our 12 day mission trip began by spending time with the children at Orphan Aid Liberia’s first orphanage in Balama founded in 2008. Mother Elizabeth and the children greeted us with song and praise filling our visit with laughter and joy. We played with bubbles, painted, made crafts, ate popcorn and PBJs, as well as prepared 2 large tubs of spaghetti for lunch—a tradition every trip!

OAL-Linda-Spaghetti

The Cooper Firm so graciously supplied backpacks filled with coloring books, crayons, bracelets and candy which were such a treat. Both adults and children accepted them with happy smiles exclaiming ‘thank you plenty!’

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From Balama, our team traveled to Buchanan Liberia to distribute monthly supplies and begin the process of de-worming local orphanages.  While in Buchanan, our team traveled in three canoes dugout of cottonwood trees to the nearby village of Edina. We tried not to “rock the boat” as we traveled a good distance across 3 rivers converging into the mouth of the ocean.  It was beautiful! Our worship did not end as we stepped out of the boats and took a short walk to Thomas King United Methodist Church, which was founded in 1833.  Pastor Simbo’s Sunday morning church service was incredibly heartfelt, powerful and challenging for us all.

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Leaving Bucahanan we returned to work in suburbs of Monrovia, where we were guided to an orphanage in Barclay Farms in dire need.  Mother Bindu Vah lost her husband, a pastor and father figure in the orphanage, to Ebola.   The boys and girls dorms were in desperate need of new roofs as the rainy season was just around the corner.   Through the power of prayer and social media, we were able to raise enough funds overnight to supply them with new tin roofs as well as 20 new mattresses before we departed!

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Largely, our mission trip focused on de-worming both adults and children at 90 orphanages, as well as providing food and supplies for families fostering children orphaned by the recent Ebola crisis. We were overwhelmed by the spirit of the people of Liberia.  No matter their conditions, we were greeted with excitement and enthusiasm.  It was clear that our presence was met with joy and gratitude beyond measure.

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This was my third mission trip to Liberia Africa.  With each journey I am blessed, feeling overwhelmed with the Spirit of Our Lord and Savior.  It truly is an honor to work with Orphan Aid Liberia. However, our work is never finished as the needs of His widows and orphans are our responsibility.

OAL-Girls

James 1:27 Religion that God our Father accepts as pure and faultless is this: to look after orphans and widows in their distress and to keep oneself from being polluted by the world.

To learn more or to support the efforts of Orphan Aid: Liberia, please visit their website or Facebook page.

SAVE THE DATE: The Cooper Firm will host a charity event and silent auction benefiting Orphan Aid: Liberia the evening of Saturday October 15th. More details to follow.

 

Medical Errors Now Third Leading Cause of Death in U.S.

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Medical Malpractice

Medical Errors Now Third Leading Cause of Death in U.S.

A recent study led by a research team at Johns Hopkins University School of Medicine, shows that ‘medical errors’ are now the third leading cause of death in the U.S., behind cancer and heart disease.

For the purpose of the study, ‘medical errors’ was defined as someone dying as a result of the care received versus the disease for which they were seeking care. This included bad doctors, miscommunication between departments, administering the wrong drug or the wrong amount of a prescribed drug, etc. The report, which researched studies from the years 2000-2008, estimates an average of 700 wrongful deaths a day. That’s nearly 251k deaths per year ranking above other preventable causes such as accidents (136k) and suicide (42k).

Some speculate the cause is a lack of standardization with regards to health care. Others believe that without federal requirements in place to report errors, hospital lack the ability to track, investigate and subsequently train for improvement. This study shines a light on a serious issue that hospitals are not addressing with the general public. Hopefully, it will force it a change.

If you or someone you know has been injured as a result of medical error or malpractice, please Contact Us for a complimentary case consultation.

Source: www.washingtonpost.com

CPSC Announces Recall of 500k Hoverboards

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Safety First - The Cooper Firm

After a thorough investigation, the CPSC announced last week they will recall nearly 500k hoverboards due to a fire hazard linked to the lithium-ion battery packs installed in the device.

Recalled hoverboard sold on overstock.com

Recalled hoverboard sold on overstock.com

Our post in March stated the CPSC was leaving the decision to recall the hoverboards to the distributor. With the number of personal injuries now reaching nearly 100, they decided to take a stand and issue a widespread product recall that affects 8 U.S. hoverboard manufacturing firms, 1 retail store in Pennsylvania and the online retail store overstock.com.

 

If you own a hoverboard, stop using it immediately. Visit the CPSC website to determine if your device is including in the recall and follow the instructors for the replacement, repair or refund of the item.

If you or someone you know as been injured as result of a hoverboard fire, please Contact Us for a complimentary case consultation.

How to File a Vehicle Safety Complaint

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Safety First - The Cooper Firm

How to File a Vehicle Safety Complaint

The past several years have seen an incredible number of recalls on vehicles for safety reasons. Between defective airbags, sudden accelerations, and exploding gas tanks, we see the federal government taking your safety very seriously and holding automakers responsible. You may be wondering how you, the driver, may have a hand in notifying a manufacture of an issue you notice while operating your vehicle. The National Highway Transportation Safety Administration (NHTSA) has made it easy for you.
If you are driving a vehicle and notice a possible safety concern, or mechanical problem that just can’t be solved, the NHTSA encourages you to visit their website www.nhtsa.gov and follow the directions to “File a Vehicle Safety Complaint”. These complaints are received and monitored by this federal agency and used when investigating ongoing issues with a vehicle. The more complaints they receive about a single issue, the better equipped they are when questioning a vehicle manufacturer.

If you or someone you know as been injured as a result of an auto-accident, please Contact Us for a complimentary case consultation.

BabyGate: IKEA Recalls Child Safety Gates

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Childcare Product Safety Attorney

IKEA Recalls Child Safety Gates

UPDATE: On July 14, 2016 IKEA announced an additional recall for the PATRULL Safety Gate and extension, PATRULL KLÄMMA Safety Gate and extension, and PATRULL FAST Safety Gate. The defective locking mechanism has caused 55 injuries to date.

IKEA is no stranger to safety recalls. Between crib mattresses and furniture tipping hazards, IKEA maintains a dedicated watch to safety issues once their items are available for sale. Last week the company announced a recall of two safety gates after reports of a faulty pressure-mounted mechanism. If the gate is mounted at the top of a staircase, a child may be able to re-position the gate and possibly fall down the stairs. At the time of the recall, 3 children suffered from injuries after the safety gate failed at the top of a staircase.

IKEA is instructing anyone that has purchased the safety gate models PATRULL KLÄMMA or PATRULL SMIDIG to refrain from mounting at the top of the stairs. Customers are welcome to return the gates for a full refund, or if they want to keep the gate for mounting in doorways or the bottom of stairs, customers should contact IKEA to receive updated mounting instructions and new warning labels.

For more information about this recall, please visit the IKEA website.

If you or someone you know has been injured as result of a faulty product, please Contact Us for a complimentary case consultation.


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