Kentucky Injury Attorney Blog

On September 21, 2011, Leamon Perkins of Pine Knot, Kentucky in McCreary County ate a bowl of microwavable Velveeta Shells and Cheese. He became very ill and ended up in surgery on September 29, 2011. According to his doctors, Mr. Perkins' small bowel was perforated with a small piece of metal that showed up on a CT scan and he had contracted peritonitis. The surgeon removed the portion of his small bowel that had been damaged by the sliver of metal and the metal piece itself.

The next day, Kraft Foods, the manufacturer of the macaroni and cheese recalled 137,000 cases of the product "as a precaution due to the possible presence of small, thin wire bristle pieces," according to the FDA recall press release. The recall was voluntary, as opposed to FDA-mandated, and Kraft stated it had not received any complaints or heard of anyone being injured.

Mr. Perkins filed a product liability lawsuit this month against Kraft. Why he waited so long to file the lawsuit is unknown. It is possible that he was not aware of the product recall until recently, so he did not put the two together. Kentucky law allows individuals to file product liability claims up to one year after the injury occurred, so he was well within the filing period.

In the lawsuit, Mr. Perkins is seeking $6 million in damages. The amount includes both compensatory and punitive damages. His wife has requested $500,000 in damages for loss of consortium. Compensatory damages often include lost wages and medical bills, as well as other less tangible items, such as physical and emotional distress. Loss of consortium is most often claimed by a spouse for lost or interrupted marital relations related to the accident. It can also be claimed by a parent or child of a victim for a reduction or termination of affection because of the victim's injuries. Punitive damages are not related to a particular loss, but instead serve to punish the defendant for the incident that occurred. Many plaintiffs claim punitive damages in an attempt to deter the defendant from allowing a similar incident to occur in the future.

Continue reading "Kentucky Couple Files Product Liability Suit against Kraft Foods" »

Between 1940 and the early 1970s, millions of expectant mothers were given the drug diethylstilbestrol (DES) to help prevent miscarriages and premature births. A study in 1971 found a potential link between the drug and an increased risk for vaginal cancer in young women whose mothers took DES. Doctors were told to stop prescribing it. Many product liability lawsuits have been filed over the years by women who allegedly have vaginal cancer, cervical cancer, or infertility issues as a result of their mothers being given DES during pregnancy.

In a recent lawsuit, a Boston woman is claiming something different. Arline MacCormack developed breast cancer when she was 44. While many women have breast cancer at that age or even younger, her type of cancer is typically not seen in women younger than 60.

After discovering research that linked DES to a significant increase in breast-cancer risks for women, Ms. MacCormack filed her lawsuit against several drug companies that manufactured and sold the drug to women like her mother in the 1960s. Her suit alleges that the drug companies were not only aware that DES did not prevent a woman from having a miscarriage, but also that there were safety issues with the drug that the companies kept from physicians.

The drug companies have filed pre-trial motions stating there is no scientific evidence regarding this supposed link between DES and breast cancer, and the presiding judge has heard testimony from experts for the companies and Ms. MacCormack. If the judge grants the companies' motion, the case will not go to trial. If their motion is denied, the case will go to trial.

Drug liability cases can become very complex. In the case above, the plaintiff, Ms. MacCormack is seeking restitution for a drug that was not even given to her directly, but to her mother 50 years ago. While this can make a case more challenging, this situation is not that uncommon. Side effects of drugs given to women during pregnancy can take years to show up in their offspring. Other types of product liability cases, such as those involving asbestos, can also have a significant delay between the time of the exposure and the appearance of symptoms. Trying to prove which company manufactured and sold the drug that a particular individual took many years ago would be difficult, so oftentimes multiple companies are included in the suit and may share the liability and be required to pay damages.

Continue reading "Woman Sues Drug Companies over Drug Given to Her Mother before Birth" »

Many parents feel, and rightfully so, that their babies are safest in their cribs. They are in their own homes, unable to get into unsafe situations. Unfortunately, this is not always the case. Between 1990 and 2008, over 7500 infant injuries involved cribs. As a result, new federal rules have been enacted to make cribs safer for babies.

One major culprit has been drop-side cribs, responsible for up to 32 infant deaths. The movable sides of drop-side cribs have been shown to drop unexpectedly, causing a baby to become trapped or suffocated by the crib side, or allowing an infant to fall. As of June 28, 2011 manufacturers are no longer allowed to make drop-side cribs. Although over 11 million of the cribs have been recalled, many are still in use by daycare centers and hotels, which have until December 28, 2012, to replace drop-side cribs with those with stationary sides. To see if a crib has been part of a recall, individuals can check www.cpsc.gov, www.keeping babiessafe.org, or www.recalls.gov. Parents who own a drop-side crib that was not recalled can contact the manufacturer to see if an immobilizer is available. The U.S. Consumer Product Safety Commission (CPSC) warns that these immobilizers are not subject to the more rigorous standards, so it would be better to replace the crib.

According to the CPSC, crib manufacturers must also "strengthen crib slats and mattress supports, improve the quality of hardware and require more rigorous testing." Faulty crib slats and mattress supports can come loose, creating an opening large enough that a child could get trapped. Hardware can come loose and create an entrapment situation or a hole large enough for a child to fall.

A combination of these factors caused the death of a Kentucky infant when the plastic hardware holding the drop side of the crib broke, allowing the side to slide down and the infant to become entrapped between the side and the mattress. The 7-month-old's death in 2009 was one of 11 attributed to cribs manufactured by Simplicity, which no longer is in business. The parents of a Florida 9-month-old who died in a Simplicity crib settled a wrongful death lawsuit for an undisclosed amount in 2010.

Continue reading "Crib Standards Raised to Keep Sleeping Babies Safe" »

In an October 20th press release, automaker Toyota's USA subsidiary, announced a voluntary recall of nearly 750,000 of its cars and SUVs. The USA announcement followed a similar one in the company's home country of Japan. With millions already spent on image-salvaging PR after last year's faulty brake fiascos, the current recall is the latest of Toyota's mechanical missteps.

The affected make and models include mid-2000s Avalon, non-hybrid Highlanders, and Lexus sedans. Some owners were experiencing lit-up brake warning lights due to small amounts of leaking brake fluid. Toyota claims that the leaking only occurs when non-Toyota genuine fluid is used on a vehicle during routine maintenance. Apparently Toyota brand fluid contains polymers that offer a superior level of lubrication and subsequent leak protection.

If the fluid leaks, and the owner continues to drive while the brake cylinder is left under-lubricated, his/her break pedals will start to feel "spongy or soft" and braking performance will be compromised. While it seems perfectly forseeable that not all Toyota owners will exclusively utilize Toyota dealerships for their routine tune-ups, Toyota intends to notify all affected owners by mail and replace the brake cylinder cups on their cars with a brake master cylinder cup that does not warp even with non-polymer fluid.

Some sources say that Toyota received leak reports as early as 2005. Given the massive internal quality control changes that ostensibly flooded Toyota in the wake of Congressional hearings, consumers are left to wonder how many of these design defects are actually unique to Toyota or whether they continue to lurk undetected in the less-scrutinized factories of other carmakers.

If you believe you have purchased a defective vehicle, it is important for you to quickly contact a Kentucky attorney to learn more about your legal options.

Parents in Kentucky and Indiana should rejoice over Danny's Law, a consumer protection statute which recently went into effect. Starting on June 28, 2010, parents who purchase a covered product will be provided with a registration card which should be sent back to the manufacturer. In the event of a recall, the parents will be notified. The information provided to the company by parents can only be used in the event of a recall, and cannot be used for marketing purposes. Further, the product will have to be labeled with the manufacturer's name and address, model name and number, as well as the manufacture date.

This law effects eighteen product categories including:

• full-size cribs


• non-full-size cribs


• toddler beds


• high chairs


• booster chairs


• hook-on chairs


• bath seats


• gates


• play yards


• stationary activity centers


• infant carriers


• strollers


• walkers


• swings


• bassinets


• cradles


• children's folding chairs


• changing tables


• infant bouncers


• infant bathtubs


• portable toddler bed rails


• infant slings

Continue reading "Danny's Law Changes Recalls for Parents" »

Last month, the National Highway Traffic Safety Administration (NHTSA) opened an investigation to review a potential "sticky accelerator pedal problem" in Chrysler Group LLC's 2007 model-year Dodge Caliber cars. Reports of the accelerator pedal becoming stuck and not returning to the idle position when released have been made to the agency. The company that supplies these pedals, CTS Sorp., is also the supplier of the pedals involved in the Toyota Motor Corp's recall of more than 2 million vehicles in January of this year.

After one month of investigation, Chrysler has decided to initiate a voluntary recall of 34,631 Dodge Caliber and 90 Jeep Compass vehicles from the 2007 model year in order to address a potential issue with sticking gas pedals.

If you or someone you know has been involved in an accident in the 2007 model-year Dodge Caliber car or Jeep Compass, call the law office of Miller & Falkner so that an experienced personal injury attorney can help protect your rights.

A recall has been issued for the popular weight-loss products line Hydroxycut as federal drug regulators warn of reports of a death due to liver failure and other serious instances of health problems associated with its use.  

Hydroxycut products are dietary supplements marketed for weight loss as fat burners, energy-enhancers, low carb diet aids, and for water loss under the Iovate and MuscleTech brand names.  The Food and Drug Administration (FDA) has received 23 reports of significant adverse health effects.  The report includes the death of a 19-year-old man in 2007 as well as other serious liver problems including liver failure, jaundice, seizures, cardiovascular problems and liver damage resulting in a liver transplant.  The FDA warning states that symptoms of liver damage include jaundice (yellowing of the skin or whites of the eyes) and brown urine.  Other symptoms include vomiting, nausea, excessive fatigue, weakness, light-colored stools, stomach or abdominal pain, itching and loss of appetite.   

Continue reading "Weight Loss Drug Hydroxycut Recall Due to Serious Health Risks Associated With Use" »

On March 31, 2009 the U.S. Consumer Product Safety Commission (CPSC) and Yamaha Motor Corporation issued a recall for more than 120,000 of its Yamaha Rhino ATVs model 450 and 660 which have been sold since 2003.  The recall is due to an inherent design flaw that makes these vehicles unstable and susceptible to low-speed rollovers.  These rollovers have resulted in 46 confirmed deaths and hundreds of injuries including the legs and arms of occupants being crushed by the roll cage as the vehicle crashes to the ground.  Many of these injuries occur even if the occupant is wearing a seat belt.  These rollovers also occur on level or near-level ground and can occur even if the driver does not turn the vehicle sharply. 












Yamaha Rhino 450
(without doors)                      
                                                                                         Yamaha Rhino 660
                                                                                         (without doors)

Yamaha is offering a free repair of this design defect.  Yamaha has also agreed to voluntarily suspend the sale of these models starting immediately until all are repaired. The CPSC warns that consumers should immediately stop using these recreational vehicles until the repair is made by a dealer.

Yamaha is also voluntarily suspending the of sale for the Rhino 700 model and implementing the same repair program. The CPSC also warns that consumers should stop riding the 700 model until it is repaired. About 25,000 Rhino 700s are part of this repair program.

View the recall in its entirety. 

Continue reading "Yamaha to Recall Rhino ATV After 46 Confirmed Deaths and Hundreds of Injuries" »