San Francisco Injury Lawyer Blog

The published accounts of problems with Toyota uncontrolled acceleration defects are beginning to surface. Today's article in the Santa Rosa Press Democrat indicates that Toyota has suppressed years of known problems and reports of injuries, deaths and accidents due to acceleration defects. In these cases, according to the Press Democrat, Toyota chose not to recall 2003 Sienna vans with known acceleration stick defects, rather changing the design for future vans and ignoring the thousands of vehicles on the market with the defects. The report indicates that Toyota's history is to settle the cases and request confidentiality clauses. The Sienna is apparently not the only Toyota with unintended acceleration problems.

There are pending at least 10 lawsuits alleging acceleration related defects that have caused fatalities and severe injuries. In one such case, a 2007 Camry accelerated out of control for 20 miles before killing the driver of another car in San Jose, California.

These cases are serious, and if they result in significant injury, may warrant litigation against Toyota. There are strict time limitations in California and other states in filing complaints. They require management by experienced product lawyers who have the knowledge and talent to take on Toyota or other vehicle manufacturers.

Holiday time is toy time for children. Toy time is one of the pleasures of the season for kids everywhere, and for parents as well. We love to watch our children enjoying their new toys and we naturally enjoy assembling many of them into the wee hours of Christmas eve. I would urge people purchasing toys to take a careful look at the product, its moving parts, the size of small parts that may come loose or can be swallowed by small children. Please consider not only the child who is to be the recipient but also other children in the house for whom a toy with dangerous sharp or small parts is a potential disaster. It takes very little for a small child to ingest a sharp object or dangerous part when our heads are turned and quite a lot of medical care to reverse the consequences of that event--if they even are reversible.

In today's business environment, products are manufactured all over the world. The standards of many manufacturers are not what they once were, as the manufacturer and seller are primarily interested in selling the product and making their profit. This can be at the expense of our children.

We have learned that Mattel Inc. is recalling 4.4 million Polly Pocket magnet play sets because three children suffered serious injuries and were hospitalized after swallowing small magnets that fell off of the dolls. The Polly Pockets dolls and accessories contain magnets 1/8 inch in diameter. These magnets can fall out and children may swallow or inhale them. If children swallow more than one, the magnets will stick to each other, which can cause infection, blockage, or intestinal perforation.

The three children that sustained injuries from the Polly Pocket dolls each swallowed more than one magnet. The children suffered from intestinal perforation and had to undergo surgery.

As the holiday season approaches, consumers will be deciding what gifts to purchase children. To stay on the safe side, consumers can check the Consumer Product Safety Commission’s website and view a list of Toy Hazard Recalls.

Years after thousands of women participated in the Breast Implant class action, with injuries that ran the gamut from rupture leading to re-implant surgery to severe immune disease, the FDA has now essentially white washed the product for use by women as they choose. It has now approved the use of silicone for cosmetic breast enhancement surgeries.

Many women will now have the choice to use silicone or saline for their breast enhancements. Previously, the FDA banned the use of silicone for cosmetic breast enhancements because of the health risks associated with possible leaks. Today, the FDA takes the position that they are “reasonably assured” that silicone breast implants are safe. My experience concerning women injured by these implants both from my clients and as viewed in the seminars I have attended is very much at odds with a clean bill of health for this product.

Women now considering silicone implants will experience ruptures just as they did when these implants were previously marketed. My experience is that the silicone can become systemic, with lumps of the stuff appearing in places and times that it is not expected. Certainly women choosing this implant should educate themselves about the risks involved in choosing silicone implants. They should also consider the necessary and costly medical treatment that goes hand in hand with the product. For example, in the event that a silicone breast implant ruptures, the woman may not experience any immediate symptoms. It is possible that the rupture is initially detected only on MRI examination. These are now important studies in detecting ruptures and a decision to choose silicone breast implants will subject the woman to a lifetime of MRI examinations. The FDA states that the first MRI examination is to be conducted three years after the surgery. In addition, the FDA recommends an MRI be conducted every two years thereafter. Not only will the cost of MRI’s exceed the cost of the initial breast enhancement surgery, but women may have to pay these costs out of their own pockets. Obviously, as has been the case previously, ruptured implants portend additional surgeries with additional scarring and potential disfigurement.

Furthermore, women must be aware of the risks of physical injury involved with possible ruptures. Women may be subjected to multiple operations, hardening of the area around the implant, changes in nipple and breast sensation, and as discussed above, rupture with or without symptoms and possible migration of the silicone in the woman’s body.

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