Nashville Personal Injury Blog

Takata to pay $1B in 'world's biggest automotive safety recall'

According to Reuters, only 12.5 million inflators have been fixed, out of 70 million.

On the heels of today's earlier blog post about products liability, we have a Reuters report on airbag manufacturer Takata, which has been ordered as part of a settlement with the Justice Department to pay $1 billion for defects in its airbags.

According to Reuters, the defective airbags have caused around 16 fatalities. $125M of the settlement amount is set aside for victims, both present and future. The market, of course, responded favorably to the settlement by rewarding Takata with a roughly 16 percent rise in share price.

What is Tennessee product liability?

Thousands of people are injured each year across the United States because of defective or dangerous products. The laws surrounding product liability are much different than the laws surrounding injury law, which makes it easier for injured parties to recover damages incurred.

Product liability is defined as a seller or manufacturer of a product being held liable for placing a defective product in the hands of the public. All sellers of the product along the distribution chain are held liable for a product that causes injury to a consumer. It is required by law in Tennessee for products to meet the consumer's ordinary expectations.

Making sense of medical device recalls

Medical device recalls occur when a company learns that an issue with their device has resulted in a problem. When either the manufacturer or designer discovers or are made aware of the defective or malfunctioning medical product, it is then that it is recalled. A correction occurs to a product when the issue at point of sale is resolved. A removal occurs when the product is removed from the marketplace.

Recalls take place when a medical device is deemed defective by the Food and Drug Administration when either the product itself is defective and/or it potentially poses a potential high risk to those that use it. When a device is recalled, it does not necessarily mean that a user must discontinue its use. Sometimes the defect to the device needs to just be fixed by way of an adjustment, such as an implanted device like a artificial knee.

Trial begins for pharmacist tied to fatal meningitis outbreak

The trial of a pharmacist tied to a fatal meningitis outbreak has begun. The pharmacist worked at a compounding pharmacy in Massachusetts that was blamed for a national meningitis outbreak in 2012.

Dozens of people lost their lives and hundreds more were sickened during the national outbreak. Prior to the trial, a $200 million settlement was reached for creditors and victims of the outbreak.

How designers and manufacturers can be held liable for defects

Each day across Tennessee, another individual sustains permanent injury or death as a result of using a defective product, be it as large as a car or as small as a cellphone. In filing a lawsuit against the product's manufacturer, the burden falls on the accuser to prove what, in particular, about the product they used was poorly designed and how that defect caused the results it did.

When it comes to products, there are three different types of defects an item may have, including design, marketing, and manufacturing ones. While those related to design are considered intentional, deliberate, or purposeful because of the creative nature of the concept, those of a manufacturing variety are seen as ones having to do with negligence or production oversight.

Drug Recalls Pose Safety Concerns

A recall is when a company takes a product off the market. The action can be of the company's own will or requested by the FDA (Food and Drug Administration), the agency responsible for handling food related recalls, including drugs.

Push for cheaper hearing aids leads to ease in FDA regulations

Some of the regulations for hearing aids by the Food and Drug Administration have been dropped in a push for cheaper products on the market. There has been pushback for the proposal, though, and it has come from audiologists. They claim that inexpensive hearing aids will not help patients who have serious hearing loss.

The FDA made an announcement that it would stop enforcing its requirement that anyone buying a hearing aid receive a medical checkup first or sign a waiver declining the checkup. According to professionals in the field, this will not affect how hearing aids are sold.

Violations lead to $2.5 million in fines for auto parts supplier

The death of a 20-year-old woman at an auto parts plant has led to a host of fines and citations levied by the U.S. Department of Labor's Occupational Safety and Health Administration.

The woman and three of her co-workers entered a robotic machine to clear a sensor fault when the assembly line stopped. The machine restarted suddenly, crushing the 20-year-old woman to death. The accident occurred on June 18, 2016.


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  • Neva Herman - $3,000,000.00 Settlement Neva Herman was a passenger in a vehicle traveling on U.S. Highway 431 in Maury County. A drunk driver crossed the center line and hit the vehicle Neva was riding in head on. Neva was life-flighted to Vanderbilt Read More
  • Lencoya Crawford was a passenger in a vehicle operated by her husband, Quintin Crawford. Lencoya's minor children, Shawn and Coleshawn Mitchell, were also passengers in the vehicle. The Crawford vehicle was travelingRead More
  • Howard Patton was a passenger in a vehicle traveling east on Interstate 40. At the same time, another driver was stopped in the right-hand lane attempting to recover a mattress that had fallen out of her truck. The driverRead More
  • Larry Cheers was traveling on his motorcycle, wearing his helmet, when the adverse driver, driving a company truck, made a left turn and hit Larry's bike head on. Larry was thrown from his bike with such force that hisRead More
  • This incident occurred at an apartment building in Nashville where Karen Paxton tripped over an extension cord and injured her right knee. The extension cord was being used by workers who were authorized to work on theRead More
  • Alfred Potter was a passenger in a vehicle traveling on Interstate 40 East near State Highway 284, fifty miles west of Memphis. A tractor-trailer rear-ended the vehicle Alfred was riding in, causing the host driver to lose controlRead More
  • Elizabeth Gosby was a passenger in a vehicle operated by a friend. The friend lost control of her vehicle causing the car to flip three times and hit a treeRead More

Bart Durham Injury Law
404 James Robertson Parkway, Suite 1712
Nashville, TN 37219

Phone: 615-338-6177
Toll Free: 866-468-6603
Fax: 615-254-6562
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