Saturday, September 18, 2010

NYTimes: Toyota Settles Over Death of Family in California

From The New York Times:
Toyota Settles Over Death of Family in California
The family, killed when the Lexus sedan they were driving sped out of control, put a national spotlight on the sudden acceleration problems.
Spencer T. Kuvin
Cohen & Kuvin

Tuesday, September 07, 2010

Could Crib Tents Become a Regulated Product?

Reprinted with Permission from Safety Record Blog, Copyright Safety Research Stategies, 2010

On December 27, 2008, the strangulation death of Noah Thompson by a Tots In Mind crib tent became the first to be investigated by the U.S. Consumer Product Safety Commission involving this unregulated product. Eighteen months later, in July, the commission and the manufacturer finally announced a recall featuring a repair remedy for the attachment clips.
The Thompson case underscores two continuing weaknesses in the regulatory framework meant to ensure the safety of juvenile products: long gaps between the time when a product is deemed hazardous and a recall, and the difficulty in dealing with baby products that fall outside of the CPSC regulations and are not manufactured to any voluntary or mandatory standard.

The CPSC says that the Tots In Mind recall may only be the first action it takes to protect toddlers from the design deficiencies of crib tents.

“CPSC’s Safe Sleep team is reviewing incidents with crib tents to determine the best approach to take with this product class to ensure the safety of young children,” says Scott Wolfson, the CPSC’s Director of its Office of Information and Public Affairs.
In the meantime, Crib Tents continue to be manufactured without regard to established safety standards and marketed under the presumption that they are safe to use with vulnerable populations in situations where adults are absent.

Safety Research & Strategies, which investigated the safety of cribs tents after a Virginia toddler suffered a lifelong brain injury caused by a crib-tent strangulation, turned its findings over to the CPSC. SRS President Sean Kane doesn’t believe that the recall goes far enough.

“We understand that the CPSC is restricted by their regulations in pressing the recall of an unregulated product, but the reality is that there are inherent problems with the design that are not being addressed by the recall.”

The Long Road to a Recall

Thompson was only two years old when he attempted to climb out of a play yard covered by a crib tent – a mesh-covered dome placed over a crib or a play yard to prevent toddlers from climbing out. These mesh domes are affixed to the play yard base with plastic clips. Those intended for use in a crib are all-in-one units that sit inside the crib and attach to the crib’s side rails with a hook and loop system. Parents can place or remove their toddlers in or from the enclosure via a zippered side.

According to the CPSC, Thompson was found “hanging with his neck entrapped between the play yard frame and the metal base rod of the tent that had been partially tied by pieces of nylon rope and partially attached by clips.” The Thompsons had improvised the nylon ties, because “the child was able to pop off the clips,” the CPSC said.

The commission said that it was aware of three other incidents in which children were “able to remove one or more clips and place their necks between the tent and the playard,” but were freed without incident.
The July 15 announcement recalled 20,000 Cozy Indoor Outdoor Portable Playard Tents Plus Cabana Kits, manufactured by Tots In Mind of Salem, N.H., the only U.S. manufacturer of crib tents. The remedy was free replacement clips supplied by Tots In Mind. While Thompson’s death was amply reported by the print and broadcast media, the recall received little coverage.

The year-and-a-half lag between the Thompson death and the recall occurred because the commission was not satisfied with the company’s first proposals for corrective action.

“There were numerous proposals by the company which CPSC staff did not accept due to the concern of the safety of a child being at risk with the proposed corrective action,” Wolfson said “We had to be sure new clipping system addressed the concerns that we had. Repair kits must be submitted to the CPSC, where they are reviewed and approved by CPSC engineers.”

Lengthy investigations and negotiations with the manufacturer– conducted out of the public purview by law – is a continuing source of frustration for safety advocates says Nancy Cowles, executive director of Kids in Danger.

“The CPSC is always pushing to get the company to agree to do a recall, and that’s part of the reason why I think they take so long,” Cowles said. “Also, so much of what the commission does is secret, so we don’t know at what point they had all the information to do a recall.”

The CPSC has other ways to alert the public about dangerous child products, says Don Mays of Consumers Union. He pointed to the commission’s recent move to get out ahead of a March recall on the Infantino Sling Rider and Wendy Bellissimo baby slings.

“There was one product responsible for three infant fatalities, but while negotiating the recall, the CPSC issued a public warning about slings and putting infants in slings, and that put the warning shot out there, instead of waiting for the remedy to be developed. I would like to see more of that, especially if they can’t fast-track a recall.”

The Problem with Crib Tents and Other Unregulated Baby Products

The greater challenge will be addressing the more general hazards associated with crib tents. Like many juvenile products, the crib tent was invented to address a specific problem that may be short-lived, but is very frustrating to parents. Caregivers may regard a crib tent as something that will prevent a fall, while ignorant of the suffocation and strangulation hazards it presents.

About a year before Thompson’s death, another toddler, Nicholas Blanco, suffered a severe and permanent brain injury when he became entrapped and strangled by a Cozy Crib Tent. On October 5, 2007, Blanco was in the crib when one of the fiberglass rods supporting the dome type cover broke and fell into the crib, pinning the boy between the support rod and the side of the crib. His mother discovered her son hanging on the outside of the crib with his neck stuck under the rod of the crib tent.

During the course of its investigation, SRS found stories of an unconfirmed death and other potential tragedies involving crib tents. Parents described the mesh tearing at the seams or at other points or the entire structure collapsing – either pulled down by the toddler or inverting under the weight of a pet. In some cases, the parent discovered the child entangled and was able to free it before an injury occurred.

SRS not only shared these complaints with the CPSC, and wrote and wrote an article on the dangers of crib tents (see Crib Tents: Another Hazard from the World of Unregulated Child Products)

The July recall does not address these hazards and Mays says that juvenile products add-ons – such as crib tents – present “all sorts of compatibility products not foreseen by the manufacturers – it might not fit all units.”

“And when that happens, a child’s safety is at risk. If you talk about sleep environments, it becomes particularly risky,” he says.

Cowles of Kids in Danger had more specific concerns:

“My problem with this recall is that they are saying it’s a safe product and it’s not,” she says. “The commission only counts the incident involving the play yard tent. They have other reported breakages with the crib tents. This recall doesn’t say how many parents complained to Tots in Mind and how many products failed.”

Crib Safety and the CPSC

This year, the CPS began rulemaking on new mandatory standards on cribs that could include provisions covering drop side hardware, mattresses, loose and fragile components, such as crib slats. The new rule may effective ban one of the most common designs: drop-side cribs. The proposal was developed by the commission’s Safe Sleep Team, in conjunction with juvenile products manufacturers and ASTM International, the manufacturing standards-setting body, after studying infant incident and injury data.
CPSC’s Safe Sleep team is also charged with coordinating all crib recalls, developing consumer education on product registration and safe sleep practices.

At last month’s CPSC meeting on Agenda and Priorities in fiscal year 2010, Ami Gadhia, on behalf of Consumers Union, Kids in Danger and the Consumer Federation of America, urged the commission to extend their safe sleep effort to other products such as crib tents, sleep positioners, and infant comforters and pillows.

“We are aware of deaths associated with each of these products, some of which have been recalled due to the hazard they pose to infants,” she said.

Crib tents currently are outside the express outlines of the Consumer Product Safety Improvement Act of 2008, which requires the establishment of standards and certificates of compliance for durable juvenile products that fall into 12 categories: cribs; toddler beds; high chairs, booster chairs, and hook-on chairs; bath seats; gates and other enclosures for confining a child; play yards; stationary activity centers; infant carriers; strollers; walkers; swings; and bassinets and cradles.

But, says Wolfson:

“The staff at the agency is considering another dozen juvenile products to turn into mandatory standards. We have not ruled out that this could be a product we might consider under section 104 of the Act.”

-- for more information on this story you can contact Safety Research & Strategies, 340 Anawan St., Rehoboth, MA 02769 (508) 252-2333

Spencer T. Kuvin
Cohen & Kuvin, LLC

Thursday, September 02, 2010

Mississippi jury awards deceased baseball player’s family $131 million in retrial

New York Mets prospect Brian Cole was killed in a 2001 Ford Explorer rollover crash after he was thrown from the vehicle despite wearing a seatbelt.

PALM BEACH GARDENS, Fla. And LAUREL, Miss.—Today a jury awarded Gregory Cole $131 million in the retrial of his case against Ford Motor Company, which does not include punitive damages. Attorneys for Cole argued that a defective seat belt loosened during a rollover accident and caused the death of his baseball player son, Brian, in 2001, when the younger Cole was driving his father’s Ford Explorer from Florida to Mississippi to return the vehicle to him after spring training.

Brian Cole was a promising 22 year old outfielder and New York Mets prospect at the time of his death. It is the third trial for Cole vs. Watson Quality Ford. The case resulted in a hung jury in February of this year.

Cole and his 17 year old cousin, Ryan, were traveling westbound on State Highway 8, near the Florida-Georgia border, when a car veered into their lane and Cole swerved to avoid it, losing control of the Explorer, which rolled over, his lawyers argued, due to the vehicle’s faulty design. He was then thrown from the vehicle despite having his seat belt properly fastened, which, according to Mr. Cole’s attorneys, is a widely disputed problem in Ford SUVs in addition to the alleged rollover tendency, especially when a tire has blown.

Spencer T. Kuvin, Esq.
Cohen & Kuvin, LLC

Friday, August 27, 2010


Ford Windstar
Ford Motor Company (Ford) has announced a voluntary recall of 575,000 model year 1997 – 2003 Windstar minivans for rear axle fractures from corrosion due to the design. Axle fractures on both the right and left side have been identified and affect vehicle handling, which increases risk of crash, injury or death. The recall was instigated by the National Highway Traffic Safety Administration (NHTSA) after it opened a preliminary investigation in May 2010. The federal regulators had received over 200 reports of rear axle fracture due to the design, which had resulted in 2 crashes; however, the amount of complaints has now risen to 950.

The recall for the Windstar – which is no longer in production – applies to vehicles in 21 states (Connecticut, Delaware, Illinois, Indiana, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, West Virginia and Wisconsin), the District of Columbia and Canada where road salt corrosion is thought to be more common.

Ford will notify affected owners in the very near future and ask them to bring their vehicles to their local dealers for inspection and any necessary repairs. Ford dealers at no charge to customers will reinforce the axles of the affected vehicles as parts are available. If it’s determined the axle can’t be reinforced, it will be replaced as soon as parts are available. Ford will provide for rental vehicles for customers until the rear axle of their vehicle has been replaced.

Owners are encouraged to contact the National Highway Traffic Safety Administration’s Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153) or go to, with any questions or concerns surrounding this or any other recall or safety campaign.

Spencer Kuvin
Cohen & Kuvin, LLC

Toyota Recalls More Vehicles

Toyota Motor Sales (TMS), U.S.A., Inc., today announced that it will conduct a voluntary safety recall involving approximately 1.13 million 2005-2008 Model Year Toyota Corolla and Corolla Matrix vehicles sold in the United States to address some Engine Control Modules (ECM) that may have been improperly manufactured. On vehicles equipped with the 1ZZ-FE engine and two-wheel drive, there is a possibility that a crack may develop at certain solder points or on the electronic component used to protect circuits against excessive voltage (varistor), on the ECM’s circuit board. In most cases, if a crack occurs at certain solder points or on certain varistors, the check engine may illuminate, harsh shifting could result, or the engine may not start. In limited instances, if cracking occurs on particular solder points or varistors, the engine could stop while the vehicle is being driven.

As part of the recall, the ECM on involved vehicles will be replaced at no charge to the owner. Beginning in mid-September 2010, Toyota will mail an interim notification to advise owners of this recall and the fact that they will receive a future notice when parts become available to complete the repairs. Owners who have previously paid for replacement of the ECM to address this specific condition should refer to the owner letter for reimbursement consideration instructions.

Detailed information and answers to questions are available to customers at and at the Toyota Customer Experience Center at 1-800-331-4331, Monday through Friday, 5 a.m. to 6 p.m., or Saturday 7 a.m. through 4 p.m. PDT. Owners are encouraged to contact the National Highway Traffic Safety Administration’s Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153) or go to, with any questions or concerns surrounding this or any other recall or safety campaign.

- Spencer T. Kuvin
Cohen & Kuvin, LLC

Tuesday, August 24, 2010

U.S. Inaction Lets Look-Alike Tubes Kill Patients

NY Times Story

Thirty-five weeks pregnant, Robin Rodgers was vomiting and losing weight, so her doctor hospitalized her and ordered that she be fed through a tube until the birth of her daughter.

But in a mistake that stemmed from years of lax federal oversight of medical devices, the hospital mixed up the tubes. Instead of snaking a tube through Ms. Rodgers’s nose and into her stomach, the nurse instead coupled the liquid-food bag to a tube that entered a vein.

Putting such food directly into the bloodstream is like pouring concrete down a drain. Ms. Rodgers was soon in agony.

“When I walked into her hospital room, she said, ‘Mom, I’m so scared,’ ” her mother, Glenda Rodgers, recalled. They soon learned that the baby had died.

“And she said, ‘Oh, Mom, she’s dead.’ And I said, ‘I know, but now we have to take care of you,’ ” the mother recalled. And then Robin Rodgers — 24 years old and already the mother of a 3-year-old boy — died on July 18, 2006, as well. (She lived in a small Kansas town, but because of a legal settlement with the hospital, her mother would not identify it.)

Their deaths were among hundreds of deaths or serious injuries that researchers have traced to tube mix-ups. But no one knows the real toll, because this kind of mistake, like medication errors in general, is rarely reported. A 2006 survey of hospitals found that 16 percent had experienced a feeding tube mix-up.

Experts and standards groups have advocated since 1996 that tubes for different functions be made incompatible — just as different nozzles at gas stations prevent drivers from using the wrong fuel.

But action has been delayed by resistance from the medical-device industry and an approval process at the Food and Drug Administration that can discourage safety-related changes.

Hospitals, tube manufacturers, regulators and standards groups all point fingers at one another to explain the delay.

Hospitalized patients often have an array of clear plastic tubing sticking out of their bodies to deliver or extract medicine, nutrition, fluids, gases or blood to veins, arteries, stomachs, skin, lungs or bladders.

Much of the tubing is interchangeable, and with nurses connecting and disconnecting dozens each day, mix-ups happen — sometimes with deadly consequences.

“Nurses should not have to work in an environment where it is even possible to make that kind of mistake,” said Nancy Pratt, a senior vice president at Sharp HealthCare in San Diego who is a vocal advocate for changing the system. “The nuclear power and airline industries would never tolerate a situation where a simple misconnection could lead to a death.”

Tubes intended to inflate blood-pressure cuffs have been connected to intravenous lines, leading to deadly air embolisms. Intravenous fluids have been connected to tubes intended to deliver oxygen, leading to suffocation. And in 2006 Julie Thao, a nurse at St. Mary’s Hospital in Madison, Wis., mistakenly put a spinal anesthetic into a vein, killing 16-year-old Jasmine Gant, who was giving birth.

Ms. Thao, who had worked two eight-hour shifts the day before, was charged with felony neglect. She pleaded no contest to two misdemeanor charges. But experts say such mistakes are possible only because epidural bags are compatible with tubes that deliver medicine intravenously.

“This is a deadly design failure in health care,” said Debora Simmons, a registered nurse at the University of Texas Health Science Center who studies medical errors. “Everybody has put out alerts about this, but nothing has happened from a regulatory standpoint.”

An international standards group is seeking consensus on specific designs on how tubes for different bodily functions should differ, but the group has been laboring for years and its complete recommendations will take years more. Some manufacturers have used color-coding to distinguish tubes for different functions, but with each manufacturer using a different color scheme, the colors have in some cases added to the confusion.

Cohen & Kuvin represents victims of medical negligence. Case evaluations and initial consultations are free. Please call us if a you, a friend, or family member believes that a medical professional has committed negligence.

Spencer T. Kuvin
Cohen & Kuvin, P.A.

Monday, August 23, 2010

GM Recalls More Cars

General Motors (GM) is recalling approximately 207,000 certain model year 2009-2010 Chevrolet Traverse, Buick Enclave, GMC Acadia, and Saturn Outlook vehicles. The second row seat side trip shield restricts the upward rotation of the safety belt buckle when the seat back is returned to a seating position after being folded flat. If the buckle contacts the seat frame, additional effort is required to return the seat to a seating position. If sufficient force is applied, the buckle cover could be pushed down on the strap, exposing and partially depressing the red release button. As a result the safety belt may not restrain the occupant as intended during a crash, thus increasing the risk of injury or death to the occupant.

Dealers will modify the second row seat side trip shields. If a safety belt buckle is damaged, dealers will replace it free of charge. The safety recall is expected to begin on or before August 31, 2010. Owners may contact Chevrolet at 1-800-630-2438; Buick at 1-866-608-8080; GMC at 1-866-996-9463; and Saturn at 1-800-972-8876.

GM’s Recall Number is N100243. Owners are encouraged to contact the National Highway Traffic Safety Administration’s Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153) or go to, with any questions or concerns surrounding this or any other recall or safety campaign.

Spencer T. Kuvin
Cohen & Kuvin, LLC

Monday, August 16, 2010

Child killed in fiery crash in Glades

Child killed in fiery crash in Glades

By Andrew Abramson and Willie Howard Palm Beach Post Staff Writer

— A child was killed and three others were injured in a crash on U.S. 27 this afternoon.
According to Palm Beach County Sheriff's Sgt. John Churchill, a Ford Sport Trac pickup truck on a rural stretch of U.S. 27 came off the northbound lane into a grassy median, rolled over and caught on fire. The man driving the truck was transported by Trauma Hawk to Delray Medical Center, while two of his sons were taken by ambulance to the same hospital.
The body of the man's 9-year-old son was still in the median hours after the crash, covered by a yellow plastic bag, while authorities waited for the medical examiner to officially pronounce him dead.
"(The truck) was so charred it was hard to even get a VIN number," Churchill said.
Bystanders reportedly helped pull victims from the burning vehicle shortly after the crash, which happened around 1:40 p.m.
"People along the mix of cars pulled over and helped out and from what I understand, everybody who got out was pulled out," he said.
Vehicle homicide investigators are continuing to investigate the crash, and don't know what caused the accident. A spokesman for the Sheriff's Department said the investigators were looking into all possible variables, including the roadway or the possibility of a blown tire or vehicle malfunction.

Fuel System Integrity Problems Remain in Light Trucks and Utility Vehicles

The auto industry has made progress in the design of safer fuel systems for passenger cars, but the industry has been grossly negligent in failing to follow similar safety standards for light trucks and utility vehicles. These vehicles are frequently used as passenger cars, but they are exempt from most crashworthiness standards — including standards relating to fuel system integrity. There is no excuse for these omissions except lack of perseverance by the government and the financial greed and political clout of the auto industry.
In any case, innocent members of the public are still the victims.

Cohen & Kuvin, P.A. is a respected plaintiffs' personal injury law firm. We have litigated numerous multimillion-dollar automotive crashworthiness lawsuits. Roof crush and rollover accidents are frequently caused by design or manufacturing defects. We have the experience and resources to investigate and litigate complex auto defect cases against the largest automotive companies.Contact Cohen & Kuvin for a Complimentary Consultation.
Spencer T. Kuvin 

Cohen & Kuvin, LLC


Thursday, August 12, 2010

Burt Reynolds & Bobby Bowden (GO NOLES!)

I had the honor of meeting and having dinner with Burt Reynolds and Bobby Bowden tonight at the Boy Scouts 100th Anniversary event.

- Spencer Kuvin
Cohen & Kuvin, P.A.

Plaintiffs in Drywall Cases Seek To Block Lowe's Settlement

Wall Street Journal Article

Lawyers in Louisiana are trying to block a settlement that Lowe's Cos. (LOW) reached earlier this month in Georgia regarding allegedly faulty drywall, saying the deal would be an "end-run" around a federal court's jurisdiction in thousands of other drywall lawsuits.

A plaintiff's committee connected to cases being handled in U.S. District Court in New Orleans asked the court in a filing Monday to enjoin the Lowe's class action settlement, which has received preliminary approval in Superior Court in Muscogee County, Ga.

The attorneys say its members overlap with those covered by the settlement, but they haven't been given proper notice about it. The deal also conflicts with the federal court's management of lawsuits over Chinese-manufactured drywall, attorneys claim.

The Lowe's settlement would cover anyone who bought or installed allegedly defective drywall from Lowe's before July 27, regardless of where it was made. Lowe's has said its vendors didn't import drywall from China.

On Wednesday, Lowe's said it would not comment on other attorneys' claims.

Under its nationwide settlement, Lowe's would distribute $6.5 million in gift cards and pay up to $2.2 million in plaintiffs' attorney fees while admitting no wrongdoing.

Plaintiffs claimed Lowe's sold drywall containing high levels of sulfur or other organic compounds, leading to rotten-egg-like smells and other problems.

Lawyers in the New Orleans cases said the Georgia class-action case "encompasses potentially tens of millions of class members, and yet the proposed settlement provides very few benefits."

In that case, which is pending in U.S. District Court in Florida, Chris Brucker claims he built his 2,000-square-foot house with defective drywall from Lowe's that has caused corrosion of equipment and health problems. With repair and replacement costs of about $86 a square foot, Brucker wouldn't recover anywhere near what it costs to fix the home through the Georgia settlement. He hopes to intervene in a fairness hearing on the deal later this year.

At 4 p.m. in New York Stock Exchange composite trading, Lowe's shares fell 11 cents, or 0.6%, to $19.81.

-By Mary Ellen Lloyd, Dow Jones Newswires, 704-948-9145;

Spencer T. Kuvin, Esq.
Cohen Kuvin, P.A.

Lead Risks For Children In Bounce Houses

Suit Sees Lead Risk in Bounce Houses
Published: August 11, 2010

SAN FRANCISCO — It may be one of the most beloved activities of hyperactive children and the parents who love them: bouncing in a bounce house. But, according to Attorney General Jerry Brown of California, it may also be toxic.

A lawsuit filed Wednesday by Mr. Brown’s office claims that some of the inflatable bounce houses that help entertain — and exhaust — the young guests at children’s parties have unsafe levels of lead, sometimes dozens of times the federal limit.

“I was surprised,” said Mr. Brown, who is running for governor in a state with 2.7 million children under age 5. “But as we test more and more of these products, we find dangers.”

The suit was prompted by a an investigation by the Center for Environmental Health in Oakland, Calif., an advocacy group that tested dozens of bounce houses, concentrating on the vinyl that gives them their bounce.

Lead levels in the vinyl, the tests found, varied from 5,000 parts per million to 29,000, far above the federal limit of 90 to 300 parts per million.

Robert Field, senior vice president of Cutting Edge Creations Inc., a defendant in the suit, called the investigation a “witch hunt” that could seriously damage the bounce-house industry.

“California already has many financial problems,” Mr. Field said. “Do they really wish to potentially place thousands of small-business owners that operate children’s party centers out of business?”

Charles Margulis, a spokesman for the center, said he was not saying that children should stop using the houses, but that they should wipe their hands and faces afterward.

Dr. Megan Schwarzman, a family physician and an associate director at the Berkeley Center for Green Chemistry, said that she had not seen the test results, but that there was no safe level of lead exposure for children. “Everyone is exposed from so many different sources,” Dr. Schwarzman said.

Lead exposure can cause learning disabilities, behavioral problems and, at very high levels, seizures, coma and death, according to the Centers for Disease Control and Prevention.

For his part, Mr. Brown — who does not have children — said his office wanted manufacturers to stop using lead-containing vinyl, and for rental companies and party places to post warnings about lead in bounce houses.

“I certainly don’t want to be a kill joy here,” he said. “I just think parents should be cognizant.”

- Spencer T. Kuvin
Cohen & Kuvin, LLC

Wednesday, August 11, 2010

Toyota Is Still On The Hook

No Black Box Exoneration for Toyota

After the Wall Street Journal plastered the front page a few weeks ago claiming NHTSA had “black box” (aka Event Data Recorder or EDR) data to support that driver error, not electronics, was the cause of the unintended acceleration issues in Toyotas, the headline is back yet again following a NHTSA Congressional briefing yesterday.

The WSJ in a subsequent story identified George Person, recently retired head of the recall division at NHTSA, as the source.  (see No Black Box Exoneration for Toyota and Lawsuits Fill in Outline of Toyota Sudden Acceleration Cover-Up)

Person’s leak appears to have prompted the briefing and, based on the briefing memo, Person accurately described the findings.  But what is missing from the WSJ – and most other reports about the data – is context.

(And while we’re on the topic of Person, we failed to mention that we do appreciate Mr. Person’s concern about government transparency – Person told the WSJ “When I asked why it hadn’t been published, I was told that the secretary’s office didn’t want to release it.”  But he lost us when he claimed “The agency has for too long ignored what I believe is the root cause of the unintended acceleration cases … It’s driver error.  It’s pedal misapplication and that what this data shows.”  Sorry George, but, we still hold fast that your statement tells more about your bias than it does the facts.)

Let’s start with the data, what is it and what has NHTSA disclosed about it:

NHTSA claims it conducted 58 field inspections and the vehicles it selected for inspection were crashes in which:

“There was an allegation of unintended acceleration or the possibility of unintended acceleration based on preliminary incident information; the vehicle was still available with the EDR intact; the vehicle contained an EDR with pre-crash data; and the owner of the vehicle was willing to allow NHTSA to read the EDR.  It is also important to note that most Toyota models manufactured before 2007 were not equipped with EDRs capable of pre-crash data.”

NHTSA noted that it gleaned the following breakdown from the data in the 58 cases:

35 showed no brake application

14 involved partial braking

9 involved braking late in the crash

3 involved early braking

2 involved mid-event braking

1 event was said to have involved pedal entrapment

1 event showed both brake and accelerator application

1 case the EDR contained information related to a separate incident

1 case NHTSA is still working to resolve inconclusive data from the EDR

5 cases resulted in no EDR activation at all

How has NHTSA characterized these findings:

“At this early point in its investigation, NHTSA officials have drawn no conclusions about the additional causes of unintended acceleration in Toyotas beyond the two defects already known – pedal entrapment and sticking gas pedals.”

NHTSA made it clear that these data are only a small piece of the puzzle, and while driver error is a likely cause of some SUA events, the EDR data don’t make for a compelling case that this is all that’s happening – particularly as independent experts and Toyota continue to document events in which the vehicle diagnostic systems fail to detect unwanted acceleration events.

NHTSA has included in the 58 cases events that have “the possibility of unintended acceleration based on preliminary incident information.”  How many is not known.

We have examined many possible SUA crash events too, and those “possible” SUA events tend to involve single vehicle run-off-the-road crashes with no explanation and no witnesses.  While these events need to be investigated, they are far from the more typical events in which no EDR is activated, the driver, passengers, other witnesses, or in some cases Toyota dealers report first hand engines racing that can’t be explained by mechanical interference or driver error.  Some of these cases were detailed in the Multi-District Litigation complaint against Toyota which cited dealer reports produced by Toyota.  (see Lawsuits Fill in Outline of Toyota Sudden Acceleration Cover-Up)

The NHTSA EDR data don’t address pre-2007 Toyota / Lexus model vehicles as those vehicles are not equipped with EDRs that capture pre-crash data – yet many of the pre-2007 vehicles (including the Camry and Tacoma) have the highest SUA complaint rates and are not part of any recall.

Safety Research & Strategies has already addressed the murkiness and accuracy of Toyota’s EDR’s (see EDR: Toyota’s Electronic Doubt Receptacle).  And since most of the news reports failed to mention it, we would like to remind you again of an important bit of context: Toyota has always stated that the accuracy of the black boxes has never been scientifically validated. In fact, the company fights to keep the data from being used in litigation because it says the EDR data aren’t reliable.

Now, NHTSA’s briefing yesterday noted the agency has done its own EDR validation testing on two 2007 Camry’s and one 2008 Highlander and they have found “Toyota EDR data the same as the data produced by the NHTSA test equipment.” So, what’s the take-away from this set of data:  The Toyota EDRs report accurate information when the vehicle is functioning properly.  What happens when a vehicle experiences an unintended event, sets no error code, and a crash ensues?

In summary, upwards of 95 percent of the SUA reported incidents don’t involve EDR activation.  The recent NHTSA EDR data summary is interesting and worth further examination, but it clearly cannot be extrapolated to the thousands of incidents of SUA in which an EDR didn’t activate and witnesses report racing engines without driver input or mechanical interference.

This entry was posted on Wednesday, August 11th, 2010 at 3:58 pm . You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.

Tuesday, August 10, 2010

48 Million Dollar Courthouse
How can the State of Florida afford this type of project when all of the courts throughout the State are facing cutbacks. People are being fired left an right while the First DCA judges are sitting in offices with large flat screen TV's framed in mahogany.
Spencer T. Kuvin
Cohen & Kuvin, LLC

Monday, August 09, 2010


Honda Recalls Issued.

Electrical System Ignition Recall

Honda is recalling certain model year 2003 Honda Accords, Civic two and four door, and model year 2003-2004 Honda Element vehicles for an Electrical System Ignition problem. The interlock lever of the ignition switch may unexpectedly deform, which can allow the interlock function of a vehicle with an automatic transmission to be defeated.

This can allow removal of the ignition key when the gear selector of a vehicle with an automatic transmission has not been shifted to the park position resulting in the vehicle rolling, which increases the risk of a crash and injury.

Dealers will remove the original interlock pin and lever within the ignition switch, and replace them with new, designed components. This service will be performed free of charge. The safety recall is expected to begin on or about September 29, 2010. Owners may contact Honda at 1-800-999-1009. Owners may also contact the National Highway Traffic Safety Administration’s vehicle safety hotline at 1-888-327-4236 or go to

Automatic Transmission Gear Position Recall

Honda is recalling certain model year 2010 Element Automatic Transmission Vehicles manufactured from April 1, 2010 though June 25, 2010. During assembly process, the cable that connects the shift lever to the transmission was not set correctly at the shift lever bracket. As a result the driver may move the gear shift lever, but the transmission may n ot be placed in the selcted gear. This can cause th key to be stuck int eh ignition switch, an inability to shift into or out of par, or an inability to shift into reverse, increasing the risk of a crash. Honda will correct the matter free of charge by correctly setting the shift cable bushing. All owners will be contacted by telephone or by mail. The safety recall is expected to gein on or about August 9, 2010.

Owners may contact Honda at 1-800-999-1009. Owners may also contact the National Highway Traffic Safety Administration’s vehicle safety hotline at 1-888-327-4236 or go to

At Cohen & Kuvin we help consumers who have been injured or killed as a result of a manufacturers negligence in the design of defective vehicles.  Please contact us at 561-515-1400, or on the web at

Sunday, August 08, 2010

Across Nation, Mosque Projects Meet Opposition

From The New York Times:
Across Nation, Mosque Projects Meet Opposition
Heated confrontations have broken out in communities where mosques are proposed near far less hallowed locations than ground zero in New York City.
The problem with the opposition to the New York mosque is that it now gives license to the racist groups everywhere to unfairly and improperly persecute Islam in general. Freedom of religion is a fundamental right in this country. Persecution of any group merely because of their religious beliefs is wrong. Stop the maddness, focus on the terrorists and not the religious or religion.
Spencer Kuvin
Cohen & Kuvin, LLC

Saturday, August 07, 2010

Northbound I-95 reopens at Indiantown Road, mutliple accidents still causing some delays

Northbound I-95 reopens at Indiantown Road, mutliple accidents still causing some delays

Northbound Interstate 95 has reopened at Indiantown Road, but crews are still working multiple accidents in southern Martin County, according to the Florida Highway Patrol.

Approximately 32 vehicles were involved in separate accidents in the Hobe Sound area, an FHP dispatcher said. There appear to be no serious injuries, the dispatcher said.

But the crashes caused multiple roadblocks. The crashes began around 5:30 p.m. and the dispatcher said that there was heavy rain in the area.

As of 9:15 p.m., troopers were still working six crash incidents, according to the FHP website.

Cohen & Kuvin represents injured victims in car and auto crashes and accidents. We are located in North Palm Beach, but we also litigate cases in Martin County, Jupiter and Stuart.

Spencer Kuvin

Friday, August 06, 2010

Toyota Unreal Stories from Paid Actors

Money for Nothing and Complaints for Free.

Interesting fact: A raft of academic and industry studies show that customers who complain and have their complaint successfully resolved bring in more money to the company than it costs to fix the problem.
In the topsy-turvy Toyota World, however, it’s the customers who are already happy that get the red carpet treatment and big bucks. Have you heard about Nick and Sharyn Davis, from Parker County, Texas? You will soon. According to The Weatherford Democrat, the Davises are among the lucky winners in a Toyota advertising campaign, touting “real people with real stories about their Toyotas. And, the Davises are part of those real people.”
A crew of nearly 100 from an LA ad agency and a catering truck descended on the Davises’ remote ranch. And, after signing the couple up to the Screen Actors Guild, and a 12-hour shoot, the checks started rolling in.  By keeping it real for Toyota, the Davises have made $23,000 and counting.
Gee, we’ve got real people with real stories about Toyotas and we didn’t have to pay them a dime. They keep calling us, frustrated because after they’ve suffered a crash after their Toyota took off on them, or merely a very frightening experience or multiple events with different drivers, same car, Toyota writes them a nice letter explaining that nothing is wrong with their vehicle and to please pound sand.
These are the inconvenient real stories – the ones that can’t be explained by floor mats, driver error, or sticky pedals. Check them out (more to come…)  These Toyota and Lexus owners are out of considerable cash, afraid to drive a vehicle with a dangerously unpredictable streak and conscience-stricken about selling the vehicle to another victim of Toyota’s decision to roll the dice on SUA.
Unlike the Davises, there’s no check in the mail.

Thursday, August 05, 2010

Ginsburg Not Retiring Despite Rumors

West Wing Report (@WestWingReport)
8/5/10 4:42 PM
Despite speculation, the oldest Justice - 77 y/o old Ruth Bader Ginsburg -says no plans to retire:

Sent with Twitter for iPhone

Spencer T. Kuvin 
Cohen & Kuvin, LLC

Wednesday, August 04, 2010

Countrywide to pay $600 million to settle lawsuits -

Countrywide to pay $600 million to settle lawsuits. Unfortunately that is only a fraction of the amount of money that they stole from consumers.
Spencer Kuvin
Cohen & Kuvin, LLC

Tuesday, August 03, 2010

Florida orders halt to sale of unauthorized health insurance -

Florida orders halt to sale of unauthorized health insurance. Alex Sink stops the sale of unauthorized health insurance policies.
Spencer Kuvin
Cohen & Kuvin, PA

Monday, August 02, 2010

Jury questioning begins in Anna Nicole Smith case

Jury questioning begins in Anna Nicole Smith case

It will be interesting to see if they can get an impartial jury in the Anna Nicole Smith case.

Sunday, August 01, 2010

Woman Dies After Receiving Silicone Injections to Buttocks

Woman Dies After Receiving Silicone Injections to Buttocks

Medical negligence mixed with vanity can cause disastrous situations. Underground doctors inject non-medical grade silicone into the body which can cause a host of complications. The medical licensing boards fail to take these matters seriously and as a result, complaints about rogue doctors goes unanswered. While there are hundreds of thousands of "good" doctors, there are also bad ones who should be held criminally, professionally and financially responsible for the consequences people suffer at their hands.

At Cohen & Kuvin we handle and investigate medical negligence claims. These claims must be handled with care and only filed after a complete investigation. If there is negligence though, which has caused severe injury to a patient, we work tirelessly to achieve justice for the victim and their family.

Spencer T. Kuvin
Cohen & Kuvin, LLC

Saturday, July 31, 2010

Epstein Faces Sex-Traffic Probe

Epstein Faces Sex-Traffic Probe

It appears that the problems are just beginning for sex offender Jeffrey Epstein. Now that the civil litigation and the state charges are over, there is word that the Federal Government may be looking into charges. If this is true, it could mean additional jail time for this former money manager. While justice can sometimes be slow, we can all hope that it remains just.

Thursday, July 29, 2010

Article: Alt Text: Library of Congress Rulings That Could Have Been | Underwire

In a ruling that would make Steve Jobs march around like Yosemite Sam, the court held that it is perfectly legal to jailbreak your iPhone. 

Alt Text: Library of Congress Rulings That Could Have Been | Underwire

(Sent from Flipboard)

Spencer Kuvin
Cohen & Kuvin

Article: Major Corporations Are Downloading Those 100 Million Facebook Profiles off BitTorrent

Major Corporations Are Downloading Those 100 Million Facebook Profiles off BitTorrent

If you are concerned you can check the torrent to see who downloaded the information. You have to wonder why major corporations are downloading people's personal information.  

Spencer Kuvin
Cohen & Kuvin, LLC

Wednesday, July 28, 2010

Cutting after-surgery complications could save lives, money

Cutting after-surgery complications could save lives, money

One of the biggest problems after surgery is post surgical infections. Hospitals and doctors must wash their hands between patients. This simple task can actually save lives. Patients must also be vigilant in their own healthcare by making sure that their doctors and nurses wash their hands before touching them and only use sterile equipment.

Move to Restrict Pain Killers Puts Onus on Doctors

From The New York Times:
Move to Restrict Pain Killers Puts Onus on Doctors
Regulators in Washington State are attempting to stem what some see as the excessive use of prescribed narcotics.
Overdose deaths are the second leading cause of deaths, second only to car accidents. Doctors across the country are not being held accountable for the deaths which are being caused by the over prescription of narcotic pain medications. Someone must hold these professionals responsible! Limitations on medical malpractice liability is not the answer. Shouldn't doctors be held responsible if they give patients that they know are addicted to pain medicine, more drugs? Doctors should not get a free pass on negligent conduct just because they hold an M.D. license.

Spencer T. Kuvin
Cohen & Kuvin, LLC

NYTimes: Ex-Judge Recommends No Charges Against Paterson

From The New York Times:
Ex-Judge Recommends No Charges Against Paterson
The retired judge investigating Gov. David A. Paterson's intervention in a domestic violence case involving a former top aide will not recommend any charges against the governor, according to a person
Spencer Kuvin
Cohen & Kuvin, LLC

NYTimes: Judge Blocks Disputed Parts of Immigration Law in Arizona

From The New York Times:
Judge Blocks Disputed Parts of Immigration Law in Arizona
The parts of the law that the judge blocked included the sections that called for officers to check a person's immigration status while enforcing other laws.
Get The New York Times on your iPhone for free by visiting

Spencer T. Kuvin
Cohen & Kuvin, LLC

Tuesday, July 27, 2010

Fwd: BREAKING NEWS ALERT - Nissan Recalls 51,100 Cubes

Nissan is recalling 51,100 of its Cube hatchbacks in the United States and Canada because of possible problems with fuel spilling during rear-end collisions. In documents filed with the National Highway Traffic Safety Administration, Nissan Motor Co., said Monday tests conducted by NHTSA safety regulators found more fueled spilled than federal standards allow.

Nissan said it will issue a voluntary recall. It notified dealers last week and will contact owners on August 20. Dealers will attach a special projector to prevent leaks. There have been no injuries or incidents reported by drivers, according to Nissan. The recall covers model year 2009 and 2010 Cubes made in 2009.

#  #  #  #

Cohen & Kuvin
Consumer Justice Attorneys

Article: Class action lawsuit filed over "overheating" iPads

Class action lawsuit filed over "overheating" iPads

Should be interesting to see how widespread this problem is.  Personally I have not noticed any issues, and I have been using my iPad in Florida everywhere from court to the beach. 

(Sent from Flipboard)

Spencer Kuvin
Cohen & Kuvin, LLC

Monday, July 26, 2010

Does The Disclosure of Pentagon Documents Really Violate the Law?

Posting of Pentagon documents violates Federal law according to the White House. See story.

Is the disclosure of confidential documents an effective use of the First Amendment and a protection against Government? Or does the disclosure of these documents endanger our troops?

Spencer T. Kuvin

McDonald's "The Last Airbender Katara" Happy Meal Toy Potentially Deadly, Connecticut's Consumer Protection Commissioner Says -

McDonald's "The Last Airbender Katara" Happy Meal Toy Potentially Deadly, Connecticut's Consumer Protection Commissioner Says -

Safety apparently is not first for McDonalds. One of their dangerous toys nearly kills a child. While McDonalds clearly should be held responsible for giving small children toys that can kill them, parents must be careful and watch their kids!

If you or your family is injured by a dangerous product call Spencer Kuvin,Esq.

Sunday, July 25, 2010

Israel urges world: Stop Lebanese ships

Israel urges world: Stop Lebanese ships

Stand strong with Israel to stop the false propaganda regarding these dangerous flotillas.

Tell President Obama that he needs to strongly support Israel’s right to defend itself and that Israel can conduct its own investigation into the incident without the intrusion of international bodies.

As the international community is engaged in a biased rush to judgment against Israel and a diplomatic lynching, now is the time for the United States to firmly stand with the Jewish state and its people. The U.S. must show the world that it not only supports Israel's right to defend its borders and citizens against terrorism, but that it supports Israel's right to protect itself from people who pretend to be "peace activists," and parade under the guise of humanitarians while supporting Hamas and violently attacking Israeli military personnel.

Stand strong and show your support. Sign the petition. Sign here

Tainted Drywall dangers: Thieves, scammers among 'experts’ offering a fix to desperate homeowners

Chinese drywall is causing disasters for homeowners across the state of Florida. Don't get caught by scam artists who promise to remediate your home. Contact an annorney first to determine what your rights are, and how you should properly go about fixing your home.

Tainted Drywall dangers: Thieves, scammers among 'experts’ offering a fix to desperate homeowners

Friday, July 23, 2010

Jeffrey Epstein Is Not A Billionaire

 - Clare O'Connor is an Associate Reporter on the Wealth Team.  Forbes Magazine - 

Jeffrey Epstein, the underage massage king of Palm Beach, was back in the headlines this week: "Billionaire pedophile goes free," (Daily Beast) "billionare hedge funder" (Business Insider)billionaire sex offender" (Epstein's Florida NBC affiliate). "

What are they talking about? The guy they freed this week after pleading guilty to soliciting an underage prostitute is NOT A BILLIONAIRE. We repeat: not a billionaire. More likely he is worth a fraction of that. Because of so much uncertainty around his numbers, he's never been included in the Forbes 400 list of the richest Americans.

The source of his wealth -- a money management firm in the U.S. Virgin Islands -- generates no public records, nor has hisLeslie Wexner, billionaire founder of The Limited clothing chain, was widely believed to be his benefactor for years and the major source of his wealth: at one time, Epstein was listed as a trustee of The Wexner Foundation, and Wexner reportedly bought Epstein a $13 million New York apartment. client list ever been released. One known client,
But once Epstein was charged with engaging in sexual activity with minors, Wexner dropped his old friend, replacing him with JPMorgan's Dennis Hersch. Without Wexner's backing, Epstein is almost certainly not a billionaire -- so why is he continually labeled one in the press?

It may all come down to an accident of wording. When asked to turn over his finances to the Florida court in May to establish punitive damages, Epstein's lawyers "agreed to a confidential stipulation that his net worth is in excess of nine figures." The Palm Beach Post ran a story following this filing, deeming Epstein a billionaire, while nine figures makes him only a multimillionaire.

"It was a bone of contention with Esptein's lawyers," said Spencer Kuvin, an attorney who represented three of Epstein's alleged victims on the case, of the "billionaire" designation. "In the litigation itself we were never able to get him to produce verified financial information. The 'nine figures' came by negotiation. It kept going up and up and up. They started at zero -- they wouldn't tell us at all."

Kuvin added that he and his team "pursued every possible angle" to find out Epstein's net worth but found that much of his wealth is offshore. "We'll never know now because everything was resolved out of court," he said.

Kuvin added that, for the three young women he represented, Epstein's net worth and the resulting amount of settlement they received did not matter compared to the "psychological pain" caused.

"For my clients, the money didn't really matter," he said. "It was more anger than anything."

~ Spencer Kuvin
Cohen & Kuvin, P.A.

Ford Records Another Profit, And Sees More Gains Ahead

DEARBORN, Mich. — The Ford Motor Company on Friday said it earned $2.6 billion in the second quarter and expected to have more cash than debt by the end of 2011.

It was the fifth consecutive quarterly profit for Ford, whose turnaround has been gaining momentum as it has increased sales and market share in the United States.

- Spencer Kuvin
Cohen & Kuvin, P.A.

Thursday, July 22, 2010

Auto safety experts question makeup of panels studying runaway vehicles

By Kimberly Kindy
Washington Post Staff Writer
Tuesday, July 20, 2010; 3:57 PM

Auto safety experts are criticizing the makeup of two advisory panels that are charged with determining the role of electronics in the sudden unintended acceleration of vehicles.

There are no electronics experts on Toyota Motor Corp.'s seven-member panel and just three on the National Academies of Science's 12-member panel.

"We are very concerned. The outcome and recommendations from these committees will be shaped by who serves on them," said Joan Claybrook, former head of the National Highway Traffic Safety Administration and president emeritus of Public Citizen, the consumer advocacy group. "There is a real absence of engineering expertise, particularly in this area of electronics."

The panels were created in response to congressional hearings this spring, where lawmakers sought information about why runaway vehicles were on the rise and about the federal government's failure to address the problem. So far, 93 people have died in collisions involving the reported sudden unintended acceleration of Toyota vehicles, according to NHTSA data. More than 8 million of the manufacturer's vehicles have been recalled.

Toyota chose former U.S. Secretary of Transportation Rodney Slater to chair its panel. Slater defended the members he selected, saying he wanted individuals with experience on similar panels and a broad-based knowledge about automotive technology.

"I was looking for people who have the ability to reach out to other experts and reserve judgment," Slater said in an interview. "I'm proud of this panel. They have a wealth of experience, and we will be seeking out electronics experts and other experts during the course of our work."

As for the NAS panel, auto safety experts fear that conflicts of interests with four of the panel members will taint its findings: Two members make up the bulk of the electrical expertise, but the engineers spent most of their careers at Ford Motor Co., which ranks just below Toyota in the incidence of runaway vehicles.

"There are two members for whom we have disclosed conflicts of interest that are unavoidable," said Stephen R. Godwin, director of the NAS Transportation Research Board. "You have to understand how the industry operates, and the committee needs to know what questions to ask."

Watchdog groups are also concerned about a panel member who owns a consulting firm with his son and once worked for Exponent Inc., the company that has conducted recent research for Toyota. The research rejected electronics and malfunctioning electronic throttles as the cause of sudden acceleration.

In response to early criticism, NAS removed one committee member, former NHTSA administrator Nicole Nason. Nason was at the helm during a critical point when the agency was asked to take a more aggressive role with the runaway acceleration problems but failed to do so.

Godwin said the council is planning to add three members with electronics expertise but did not say when the members would be appointed.

"If the safety community wouldn't have raised a fuss, would they have agreed to add new people?" said Clarence Ditlow, executive director for the Center for Auto Safety. "I doubt it, and I'm waiting to see who those people will be. If they have three new people from the auto industry, I would find that disappointing."

The NAS committee has 18 months to research the runaway-vehicle problem before submitting a final report to NHTSA.

Slater said the Toyota panel has about a one-year timeline. He said he hopes to consult with the National Academies committee.

Clarence Ditlow
Executive Director
Center for Auto Safety
1825 Connecticut Ave NW
Washington DC 20009

No Ruling on AZ Law

After hearings on the constitutionality of AZ immigration law, still no ruling.

No ruling after hearings on Ariz. immigration law

- Posted using BlogPress from my iPhone

Location:West Palm Beach,United States

Wednesday, July 21, 2010

Florida Justice

FJA (@floridajustice)
7/21/10 12:01 PM
July 20, the 1st DCA quashed a trial court order denying a patient the rt 2 his own adverse incident records. Opinion

Sent with Twitter for iPhone

Spencer T. Kuvin 
Cohen & Kuvin, LLC

Jeffrey Epstein free man | palm, free, beach - Top Story - WPEC 12 West Palm Beach

PALM BEACH---Palm beach billionaire, Jeffrey Epstein will officially end his year long house arrest sentence today and become a free man.

Dozens of young woman say Epstein enticed them to his home where they performed sexual massages on the billionaire. Epstein was never fully charged with all the accusations instead cutting a deal and only pleading guilty to one count of soliciting prostitution.

Several civil lawsuits were filed and all settled out of court. Spencer Kuvin, an attorney for three of the alleged victims, says Epstein's release Wednesday will close the book on one ugly chapter of his client's lives. Kuvin said, "my clients have to live with this everyday for the rest of their lives. As they grow older they are always going to be living with this issue."

Rumors have surfaced Epstein could be moving, but his attorney told a local paper he is not selling his Palm Beach mansion.

Jeffrey Epstein free man | palm, free, beach - Top Story - WPEC 12 West Palm Beach

The Jeffrey Epstein Deposition

Cohen & Kuvin July 2010 Newsletter, Expedia implement settlement and launch new website features to assist disabled travelers

Public Justice, America's public interest law firm, was one of several law firms that helped to allow disabled travelers to search for and reserve hotel rooms that have accessible accommodations on and Expedia, Inc. websites.
Travelers who need accommodations such as wheelchair accessible pathways, roll-in showers, Braille signage and/or telephone equipment for the deaf can now use and websites to search for lodgings offering these features. Requests will be reviewed by the company's customer service personnel who will contact the hotel to attempt to reserve a room that fits the bill. Travelers will then receive an email either confirming the reservations have been made or offering to help locate an equivalent room at another hotel. The website improvements were negotiated last year in a settlement of a class action lawsuit, Smith v., LP. The Plaintiffs and their attorneys, Public Justice and others, allege that's failure to accommodate the needs of disabled travelers was a discriminatory practice which violated California law.

Sony Recalls VAIO Laptop Computers Due to Burn Hazar

The U.S. Consumer Product Safety Commission (CPSC), in cooperation with Sony Electronics Inc. of San Diego, Calif., announced a voluntary recall on June 30, 2010 of the various models within the VPCF11 and VPCCW2 series Notebook computers. The computers are available in many colors and have "VAIO" on the front outside panel. Consumers should stop using recalled products immediately unless otherwise instructed. This recall effects about 233,000 computers. Sony has received 30 reports of units overheating resulting in deformed keyboards and casings. No injuries have been reported at the time of the recall; however, CPSC is interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell CPSC about it by visiting

The Mission of the CPSC and It's Role In Consumer Safety

The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency's jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the decline in the rate of deaths and injuries associated with consumer products over the past 30 years.
To report any dangerous product or a product-related injury, call CPSC's Hotline at (800) 638-2772 or CPSC's teletypewriter at (301) 595-7054. To join a CPSC e-mail subscription list, please go to Consumers can obtain recall and general safety information by logging on to CPSC's Web site at

Toyota Motor Corp. Has Recalled 270,000 Vehicles Worldwide

Toyota Motor Corp. has recalled 270,000 vehicles worldwide to fix faulty engines. The recall includes seven models of luxury Lexus sedans. The recall centers around the problem of defective engines that can stall while the vehicle is moving. Leading to the recall was the fact that Toyota has received over 200 complaints regarding the faulty engines.

Cohen & Kuvin, LLC
Delray Beach, FL

Man Sues Tire Maker over Wife's Death | roll, left, crash - WPEC 12 West Palm Beach

The danger of aged tires. Everyone should check the date of manufacture of their tires to prevent a blowout and tragic crash. Cohen & Kuvin works to obtain justice for those individuals who are the victim of roll over crashes.

Man Sues Tire Maker over Wife's Death | roll, left, crash - WPEC 12 West Palm Beach

Billionaire Pedophile Goes Free

Billionaire Pedophile Goes Free

News of his release is breaking worldwide.

• Palm Beach’s police chief objected to Epstein’s “special treatment” and gave The Daily Beast an exclusive look at his nine-hour deposition about the investigation.
• Earlier versions of the U.S attorney’s charges, including a sealed 53-page indictment, could have landed Epstein in prison for 20 years.
• Victims alleged that Epstein molested underage girls from South America, Europe, and the former Soviet republics, including three 12-year-old girls brought over from France as a birthday gift.
• The victims also alleged trips out of state and abroad on Epstein’s private jets, which would be evidence of sex trafficking—a much more serious federal crime than the state charges Epstein was convicted of.
• Epstein’s attorneys investigated members of the Palm Beach Police Department, while others ordered private investigators to follow and intimidate the victims’ families; one even posed as a police officer.
• Then-Attorney General Alberto Gonzales told The Daily Beast that he “would have instructed the Justice Department to pursue justice without making a political mess.”

Tuesday, July 20, 2010

For Palm Beach sex offender Jeffrey Epstein, house arrest in home stretch
Attorney Spencer Kuvin, who secured settlements for two victims, said the bottom line is they were minors.

“Does that mean we should let every child molester go because we can’t find a teenager with no baggage?” Kuvin said. “He specifically sought out girls who were damaged — emotionally or otherwise. He went after poor, underprivileged, troubled girls so that he could take advantage of them and no one would question it. What if he was going after young girls on Palm Beach island? I guarantee things would have been different. He was bottom fishing in Royal Palm Beach and got away with it.”
Kuvin and others who represented the minors say they are happy their cases are settled and their clients can try to put the past behind them.

But many are not happy with the plea deal and the relaxed house arrest conditions Epstein received.

Fairness for Epstein?

by Opinion Staff

Jeffrey Epstein’s year-long probation ends today. Epstein’s punishment didn’t fit his crimes, but that hasn’t stopped the billionaire money manager who paid teenage girls for sex and massages at his Palm Beach mansion from complaining.

Epstein whined to probation officers about the restrictions of his sentence. Yeah, he had it tough. During the first four months of this year, Epstein traveled nearly every week to his home in New York City or his private Caribbean island — with the approval of his probation officers. During the 13 months he served of his 18-month sentence — in the Palm Beach County Jail instead of state prison, where inmates with such sentences usually go — Epstein was let out on weekdays and some weekends as part of a work-release program.

Epstein’s soft time flowed from his soft treatment by state and federal law enforcement officials after Palm Beach police first turned his case over to former State Attorney Barry Krischer in 2006.
The U.S. Attorney’s Office and the FBI investigated after allegations that Mr. Krischer’s office wasn’t doing enough. Instead of filing charges that would have led to more prison time, federal officials struck an unusual, secret non-prosecution agreement in which Epstein would plead guilty to the state charges, register as a sex offender and serve the 18 months.

Spencer Kuvin, the attorney for the woman who was 14 when she first gave Epstein a sexually charged massage, said of his client, now 20, “Both the criminal process and the civil process just really disgusted her. She felt that he didn’t receive anywhere near the punishment he should have received.” His client, along with about two dozen others, reached a confidential settlement with Epstein.

Top Secret America

Top Secret America - Post exposes the billions in waste in our intelligence agencies.

Toyota Grand Jury Subpoena

Toyota Receives Subpoena on Steering Flaws This is what happens when you let profit machines oversee themselves.

A federal grand jury in New York has subpoenaed Toyota Motor, seeking information on steering-related defects in its vehicles. The move could widen an investigation into the automaker’s handling of a recall in 2005. 

Testing Email to Blogger

Trying to get this email to work.

Jeffrey Epstein is out! He is out and on the loose.