Cohen Kuvin Breaking News

We provide these breaking news alerts to ensure consumers are protected and educated in hopes that this information will keep you safe and aware of threats to your families' well-being. National Highway Transportation Safety Administration's (NHTSA) Office of Defect Investigation (ODI) and Food & Drug Administration (FDA) announce new Recalls & Alerts:

Pelvic Surgical Mesh found defective and ineffective On July 13, 2011, the Food & Drug Administration (FDA) issued an update to Health Care Providers and the public at large warning of the serious health complications caused by surgical mesh, a medical device implanted in a patients' pelvic area.  The mesh is most often used to address Pelvic Organ Prolapse (POP), a condition that occurs when the tissues that hold the pelvic organs in place become weak or stretched, or to treat urinary incontinence.     Concern regarding the surgical mesh emerged in 2008 when the FDA issued a Public Health Notification raising the issue.  Almost 4,000 cases have been reported with a host of adverse effects that can significantly decrease a patient's quality of life including infection, severe pain, urinary problems and recurrence of prolapse and/or incontinence. There were also reports of bowel, bladder, and blood vessel perforation that occurred during the actual procedure. The final insult to injury for those suffering complications is that studies have revealed that this procedure may not be an effective form of treatment.  Unfortunately for these consumers, this mesh is one of many medical devices entered into the market without patient testing.  The proliferation of untested, defective medical devices has a grave impact on patients who don't have the luxury of simply returning it for a refund if and when a recall is issued.  The FDA urges patients to be vigilant in their post operation follow up care and report any adverse effects immediately.    For more information on this defective medical device, contact Spencer Kuvin.  Dodge Ram Recall Chrysler has issued a recall of approximately 242,000 Dodge vehicles due to a defect in the Tie Rod assembly.  The following class of vehicles are subject to the recall.  2008-2011 Dodge Ram 2500/3500 4x4, manufactured from 02/14/08 - 03/28/2011 2008-2011 Dodge Ram 3500 Cab Chassis 4x2, manufactured from 02/14/08 - 03/28/2011 2008 Dodge Ram 1500 Mega Cab 4x4, manufactured From 02/14/08 - 08/15/08  2003-2008 Dodge Ram 2500/3500, vehicles may have received the defective part as a replacement during normal service. The left tie rod ball stud may fracture during low speed tight turn maneuvers resulting in the potential loss of directional stability in the left hand front wheel and increasing the risk of a crash. The recall schedule has not been confirmed, but once issued dealers will inspect the vehicle and perform the necessary service free of charge.  Owners may contact Chrysler directly at 1-800-853-1403 and reference safety recall No. L16. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V350000. Toyo Tire Recall ITR USA has issued a recall of approximately 51,000 Shandong Yongtai Negotiator commercial H/T tires for failure to conform to Federal Motor Vehicle Safety Standard No. 139. Certain size LT265/75R16 and LT235/85R16 tires produced from April 2009 through May 2011 may experience blistering or bubbles on the tire's sidewall. This could result in sudden loss of tire pressure and significantly increase the risk of tire failure and crash.  Consumers should check the sidewall of their vehicle tires to confirm if they are riding on defective tires.  The recall is expected to begin on or around July 2011 though manufacturers' have not confirmed the remedy plan.  Owners may contact ITR USA directly at 1-818-715-7080. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11T006000.     Kawasaki Motorcycle Recall Kawasaki has issued a recall of approximately 2,500 motorcycles due to a defect in the electrical wiring system.  Certain 2011 Ninja ZX-10R/ZX-10R ABS bikes may contain a wiring malfunction that can cause a short between wires and the frame or within wires.  If this occurs while the bike is in operation, it can suddenly stall, significantly increasing the risk of harm to the rider.  The recall schedule has not been confirmed, but once issued dealers will inspect the vehicle and perform the necessary service free of charge.  Owners may contact Kawasaki Consumer Services Department directly at 1-866-802-9381. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V363000. Ford Truck Recall Ford has issued a recall of approximately 26,000 vehicles for failure to conform to Federal Motor Vehicle Safety Standard No. 108.  The following class of vehicles are subject to the recall:  Ranger trucks built from 01/25/11 - 04/25/11 Service parts distributed to dealers for certain 2002-2005 Excursion vehicles Service parts distributed to dealers for certain 2002-2007 F-250, F-350, F-450 and F-550 trucks Service parts distributed to dealers for certain 2004- 2011 Ranger trucks  A multi-function switch with a deformed slider may malfunction causing the turn signal, tail lights, hazard warning signal flashers and/or brake lights not to activate.  The loss of these indication lightsdeprives drivers of critical alerts, increasing the risk of crash.  The recall is expected to begin on or around August 15 2011 and dealers will inspect the vehicles and perform the necessary service free of charge.  Owners may contact Ford directly at 1-866-436-7332 and reference safety recall No. 11C18. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V352000. 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 these or any other recalls or safety campaigns.

Legislative changes to Crashworthiness Cases in Florida

On Wednesday, May 4, 2011, the Florida Legislature passed SB 142, a bill that significantly impacts all current and future products liability cases against auto manufacturers in Florida. Over the past three years, Cohen & Kuvin, LLC has serves on the front lines with a coalition of products liability experts, focused on countering the efforts of major car manufacturers' to reverse the states high court ruling in D'Amario v. Ford. Despite our best efforts, the auto lobby prevailed and successfully passed legislation designed to reduce their accountability and increase the burden on motorists who are victimized by defective products.
We have summarized the bill below to help our peers understand the legislation and the retro-active impact it can have on your current case load.

How does Senate Bill 142 change existing precedents in the law?

Senate Bill 142 reverses the Florida Supreme Court ruling in D'Amario v. Ford and undermines the crashworthiness doctrine. As you know the crashworthiness doctrine holds that the manufacturer of the vehicle is liable for the enhanced injuries sustained from the second collision. SB 142 protects the automobile manufacturers by allowing them to escape full liability for a defective product by placing blame on the tortfeasor who caused the initial accident instead.

How does SB 142 affect cases that I have currently filed?

It is unknown whether or not the retroactive clause of this law will ultimately be held unconstitutional, but certainly all objections to its application to cases currently in suit should be made and reserved. In many cases, the original tortfeasor's underlying policy has already been tendered and accepted based upon sound legal reasoning and advice by the attorney representing the injured party. To now have the tortfeasor listed on the verdict form as a fabre defendant would be fundamentally unfair to the injured party. That said, we anticipate many trial judges will rule the new law applicable to any case filed, and the actions and conduct of the tortfeasor leading up to the accident will most likely be allowed before the jury.

How does SB 142 affect future products cases?

Going forward, the conduct of the tortfeasor which causes the accident will need to be discovered and thoroughly weighted much more carefully than in the past. Rather than being able to accept his/her policy limits for any damage caused by the original action the tortfeasor must be viewed as a potential defendant in the crashworthy case. It will be vital that settlements for underlying auto policy limits be fully evaluated and not be rushed.

What can I do to protect my clients' rights if they have a product liability case?

Car manufacturers have just earned a golden opportunity to deflect responsibility to the original tortfeasor, and shirk their own obligations to build safe vehicles. SB 142 will reduce their incentive to be innovative and vigilant when it comes to vehicle safety, because they will now be able to shift blame and manipulate juries.

The climate in Florida has changed dramatically, and the consumers of this state are defenseless against the politicians and corporate lobbyists that seek profits over sound public policy. As advocates, we have a duty to understand the nuances of these decisions, and take the appropriate measures required to provide our clients with the best representation. The auto industry touted personal responsibility of motorists as justification for SB 142, all the while, shedding their own accountability.

As attorneys specializing in automotive safety and consumer justice advocates, it is our personal responsibility to ensure the rights of clients are protected. We hope this information is helpful to you and your clients, and encourage you to contact our firm with any questions about the passage of SB 142.

Cohen & Kuvin, LLC
Consumer Justice Attorneys
955 NW 17th Ave, Bldg. D.
Delray Beach, FL 33445
stk@cohenkuvin.com
http://www.cohenkuvin.com/

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

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