Failure to Provide Three Point Restraint for Rear Seat Passenger Leads to Verdict Against Ford Motor Co.

From Law.comFord Logo

Already on the hook for the lion’s share of a $17.7 million judgment and waiting for a decision from a jury that was out considering punitive damages, Ford Motor Co. decided to settle with a couple who sued following a Christmas 2005 wreck that left the woman paralyzed.

The agreement came after a Clayton County, Ga., jury ordered Ford on Dec. 18 to pay more than $16 million of the judgment to compensate for what the plaintiffs argued were design defects in the 2002 Explorer sport utility vehicle in which the woman was a passenger.

Lynn Wheeler, then 58, was seated in the back seat between her two grandchildren, who were in booster seats, as her son drove to church that morning along Noah’s Ark Road in Clayton County . . . Wheeler, who was restrained only by a lap belt, slammed forward and down as the rear seat latch failed, and it collapsed on her.

“As a result,” says the pre-trial order, “Lynn Wheeler’s head and neck were driven down and forward into the front seat and/or center console, catastrophically injuring her spinal cord.”

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The complaint asserted that the automaker’s design for both the rear seat latch and decision to install a lap belt rather than a three-point shoulder belt constituted negligence, and it also said Ford should have warned the Wheelers and the general public “of the dangers in a reasonably foreseeable collision presented by the design of the Ford Explorer rear seat, occupant restraint system and surrounding structures.”

If you or a loved one have been injured due to a product defect such as a poorly designed restraint system, please call the Keating, O’Gara Law Firm at 888/234-0621 for a free consultation.

Posted on January 4, 2010 in Auto Accident Lawyer Lincoln Nebraska, Car Crash Lawyer Lincoln Nebraska, Defective Products, Personal Injury, Product Defect Lawyer Lincoln Nebraska, Product Liability, Safety, Spinal Cord Injury, Wrongful Death Lawyer Lincoln Nebraska
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It’s Easy to Miss Product Recalls So Tell a Friend

In this day of media saturation it may be hard to believe but some people miss news of product recalls. From the Consumerist:

. . . NPR introduces us to James Millard Wilson, an art student in Baltimore who missed the news of the American Medical Optic (AMO) Complete MoisturePLUS Multipurpose Contact Lens Solution. He used to solution and got a painful eye infection that could have lead to blindness if he hadn’t gone to the hospital.

How did he miss the news? James doesn’t watch tv or use the internet.

“We rely on the media to a greater or lesser extent depending on the particular recall we’re working on,” Tim Ulatowski of the Food and Drug Administration says. Is that enough? What about people who don’t like the media? From NPR:

“Now the problem with that, of course, is that if you’re not reading, watching or listening in the right place, you’re gonna miss the news,” says Donald Mays, senior director for public safety planning for Consumer Reports magazine.

Many people did miss the announcement. The company checked and found stores that still had Complete MoisturePLUS Multipurpose solution on their shelves.

Reports of new infections came in to the CDC. The FDA had to send out a second press release a couple of weeks ago. Ulatowski said the challenge was the size of the recall — 28 million bottles since May 2005.

“It’s difficult to reach into everyone’s medicine cabinet to determine that that product has been controlled and returned or disposed of by the consumer,” he says.

To listen to the full report from NPR click here.

If you or a loved one have been injured due to a dangerous product, please call Keating, O’Gara, Nedved & Peter at 888/234-0621 or fill out the contact form on this site. Your first consultation is free and we handle cases on a contingency fee basis.

Posted on August 20, 2007 in Defective Products
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Merck Loses Bid to Undo $13.5 Million Vioxx Verdict

Bloomberg news reports:

A New Jersey judge upheld a $13.5 million verdict against drugmaker Merck & Co., won by a couple who sued over injuries the man sustained after he took the company’s Vioxx painkiller.

The Aug. 7 ruling by Atlantic County Superior Court Judge Carol Higbee denied Merck’s request for a new trial or a reduction in the damages, which included the jury’s punitive award of $9 million. Higbee also awarded the couple $2 million in attorney fees and costs plus $2,552 per day in interest.

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John and Irma McDarby sued Whitehouse Station, New Jersey- based Merck in 2005 after John McDarby, who used Vioxx for four years, suffered a heart attack. Their suit is one of more than 10,000 filed against the company.

Merck withdrew Vioxx from the market in 2004 after a study showed it doubled the risk of a heart attack in patients after 18 months of use.

If you or a loved one have been injured due to a dangerous product, please call Keating, O’Gara, Nedved & Peter at 888/234-0621 or fill out the contact form on this site. Your first consultation is free and we handle cases on a contingency fee basis.

Posted on August 15, 2007 in Defective Products, Product Liability
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Beware: Stand ‘N Seal Grout Could be Dangerous

Law.com reports that Home Depot has been sued over allegations that its Stand ‘N Seal grout is dangerous:

. . . Stand ‘N Seal is an aerosol chemical spray containing Flexipel — an ingredient that should never have been produced in aerosol form. Two people have died after exposure to Stand ‘N Seal, Ilardi said. Others . . were hospitalized and left with permanent lung damage.

If you or a loved one have been injured due to a dangerous product, please call Keating, O’Gara, Nedved & Peter at 888/234-0621 or fill out the contact form on this site. Your first consultation is free and we handle cases on a contingency fee basis.

Posted on July 17, 2007 in Defective Products
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Chinese Tires Recalled

On product recalls, it’s “All China All the Time” these days.

BAKERSFIELD – A New Jersey importer of Chinese-made tires is asking the federal government for help in recalling almost half a million defective tires that may have already contributed to one death. chintires.jpg

The tire recall follows other major recalls of Chinese-made products, including pet food, toothpaste, and toy trains, prompting widespread consumer concerns.

Now consumer groups wonder if Chinese-made products are safe, given the recalls made in recent months.

The National Highway Transportation Safety Administration said a New Jersey company—Foreign Tire Sales—has announced a recall of at least 450,000 tires made in China, although who is going to pay for the recall and tire replacements remains in question.

The defective tires, used on light trucks and SUV’s, have been sold under the names of Westlake, Telluride, Compass and YKS.

Lawyers are blaming the tires for a fatal accident last year near Philadelphia.

“Check your tires,” said Jeffery Killino, a lawyer for accident victims. “Make sure that you’re not riding on these tires!”

This tire recall follows several other recent recalls of Chinese-made products, including toothpaste containing a poisonous chemical, contaminated pet food, and Thomas the Train Engine toys decorated with lead paint.

If you or a loved one have been injured due to the negligence of another, please call Keating, O’Gara, Nedved & Peter at 888/234-0621 or fill out the contact form on this site. Your first consultation is free and we handle cases on a contingency fee basis.

Posted on July 10, 2007 in Auto Accidents, Defective Products, Safety
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From offices in Lincoln, Nebraska, attorneys at Keating, O'Gara, Nedved & Peter, P.C., L.L.O. serve clients in Lincoln, Grand Island, Kearney, Omaha, Hastings, Norfolk, Fremont, Beatrice, Broken Bow, Valentine, Lexington, North Platte, McCook, Ainsworth, O' Neill, Wayne, Norfolk, Fairbury, Kimball, Sidney, Seward, York, Aurora, Columbus, and communities throughout Lancaster County, Adams, Buffalo, Custer, Gage, Hall, Lincoln and Red Willow Counties, and those injured in traffic accidents on Interstate Highway 80, and Nebraska state highways 81, 83, 183, and 281.