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.
http://nyti.ms/92Zcwp
Spencer T. Kuvin
Cohen & Kuvin
561-665-8020
stk@cohenkuvin.com

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
http://www.cohenkuvin.com/
stk@cohenkuvin.com

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
http://www.cohenkuvin.com/
stk@cohenkuvin.com

Friday, August 27, 2010

BREAKING NEWS - FORD WINDSTAR RECALL

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 www.safercar.gov, with any questions or concerns surrounding this or any other recall or safety campaign.

Spencer Kuvin
Cohen & Kuvin, LLC
http://www.cohenkuvin.com/
stk@cohenkuvin.com

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 www.toyota.com/recall 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 www.safercar.gov, with any questions or concerns surrounding this or any other recall or safety campaign.


- Spencer T. Kuvin
Cohen & Kuvin, LLC
http://www.cohenkuvin.com/
stk@cohenkuvin.com

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.
stk@cohenkuvin.com
561-665-8020

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 www.safercar.gov, with any questions or concerns surrounding this or any other recall or safety campaign.

Spencer T. Kuvin
Cohen & Kuvin, LLC
stk@cohenkuvin.com

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

mailto:stk@cohenkuvin.com 

Cohen & Kuvin, LLC

561-665-8020

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.
http://www.cohenkuvin.com/

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; maryellen.lloyd@dowjones.com

Spencer T. Kuvin, Esq.
Cohen Kuvin, P.A.
561-665-8020

Lead Risks For Children In Bounce Houses

http://www.nytimes.com/2010/08/12/us/12bounce.html?_r=1&scp=1&sq=Lead%20bounce%20house&st=cse






Suit Sees Lead Risk in Bounce Houses
By JESSE McKINLEY
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
stk@cohenkuvin.com

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

http://www.flanews.com/?p=10169
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
561-665-8020

Monday, August 09, 2010

BREAKING NEWS - NEW HONDA RECALL

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 http://www.safercar.gov/.

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 http://www.safercar.gov/

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 http://www.cohenkuvin.com/

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.
http://nyti.ms/b4GGxY
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
561-665-8020
stk@cohenkuvin.com

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
561-665-8020
Stk@cohenkuvin.com

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: http://bit.ly/9r9LtR

Sent with Twitter for iPhone


Spencer T. Kuvin 
Cohen & Kuvin, LLC
561-665-8020

Wednesday, August 04, 2010

Countrywide to pay $600 million to settle lawsuits - USATODAY.com

Countrywide to pay $600 million to settle lawsuits. Unfortunately that is only a fraction of the amount of money that they stole from consumers.
http://usat.me/?39541482
Spencer Kuvin
Cohen & Kuvin, LLC
561-665-8020
stk@cohenkuvin.com