Products Liability

New Orleans Accident: Workers injured in scaffold collapse

August 15, 2013 | by Broussard, David & Moroux

Two construction workers suffered injuries when the scaffolding they were working on at the Drury Inn on Poydras Street collapsed, trapping both under the wreckage until the fire department arrived. Both men had just exited the structure when the collapse occurred, knocking one worker “twenty yards over” when a board slid off the structure and struck the man. Police blocked off the surrounding area until an inspector ensured that the scaffolding was secured. Both men were transported to the hospital with injuries, although none critical or fatal.

Toyota Motors Agrees to $1.1 billion settlement

January 15, 2013 | by Broussard, David & Moroux

Toyota will pay $1.1 billion to settle a class-action lawsuit brought by millions of car owners. In the suit, car owners alleged they suffered economic loss from negative publicity associated with reports of sudden unintended acceleration in their Toyota and Lexus vehicles.

This lawsuit is one of the first class action suits of its kind because the class did not pursue personal injury or products liability claims. This settlement agreement will affect 16 million owners of Toyota and Lexus cars. The news of Toyota’s willingness to pay this large settlement on economic claims alone may also be a good predictor of Toyota’s intent to settle any personal injury or products liability claims in the future.

Before joining a class action lawsuit, it is important to consider several factors relating to your participation in the suit. A primary benefit of class action litigation is that it can reduce litigation expenses for the individual. In a class action lawsuit, several people share the costs of litigation. Bringing a class action lawsuit can also be a more efficient use of court resources and can ease proof of a defendant’s liability.

Fungal Meningitis Outbreak Linked to Tainted Steroid Injections

November 20, 2012 | by Broussard, David & Moroux

More than 300 recipients of tainted steroid injections have been diagnosed with fungal meningitis across the United States. Officials discovered black mold in the steroids in September. No cases have been reported in Louisiana.

In the last two months, these contaminated steroid injections have caused 24 deaths in the United States. Because doctors commonly insert steroid injections into the spine, doctors warn that meningitis can silently creep into a healthy patient’s system without causing the immune system to react defensively. The spine also gives the fungus direct access to the brain.

Doctors ceased administering the tainted shots. However, doctors recommend that all patients who have recently received steroid injections closely monitor their symptoms. If detected early, fungal meningitis is highly treatable.

Meningitis symptoms include headache, fever, stiff neck, swelling, nausea, vomiting, sensitivity to light and hallucinations. If you have experienced any of these symptoms after receiving steroid injections, you should seek medical attention immediately.

Lawmakers Call on FDA to Regulate Energy Drinks

November 6, 2012 | by Broussard, David & Moroux

Two U.S. senators asked the Food and Drug Administration to eliminate regulatory loopholes that permit energy-drink manufacturers to sell drinks without disclosing high levels of caffeine last week.

This request follows after the agency released findings from its investigation into five deaths that were allegedly linked to the consumption of Monster energy drinks. Under current FDA regulations, the makers of energy drinks are not required to disclose ingredients on the label because they are considered natural food products.

Consumer reports suggest many energy drinks contain higher levels of caffeine than their packaging indicates or do not even list caffeine as an ingredient. Studies reveal that one energy drink can contain four to five times more caffeine than the average soda.

Ford Recalls Nearly 50,000 Escape SUVs

September 6, 2012 | by Broussard, David & Moroux

Ford Motor Co. issued an international recall of nearly 500,000 Escape SUVs after the National Highway Traffic Safety Administration received 68 complaints. These complaints included reports of 13 accidents and one fatality. The recall includes the 2001 to 2004 model year Escapes.

The NHTSA says the problem is linked to an inadequate clearance between the engine cover and the cruise control cable. This defect can cause the gas pedal to stick. Ford also recalled its 2013 model year Escapes after discovering that the engines could catch fire due to a defective fuel line leak.

Fatal escalator accidents raise concerns about escalator safety

August 9, 2012 | by Broussard, David & Moroux

A 20-year-old Tennessee fan was killed after he fell over an escalator railing in the Georgia Dome. Another fan fell five stories to his death at the Texas-Vikings game in Houston last week. Police suspect both fans had consumed alcohol before falling.

Escalator accidents are becoming more common in today’s fast-paced world. Falls are the leading cause of escalator-related deaths and injuries in the U.S. Even with user misuse, falls can be caused by a defect in the escalator’s design. For example, an escalator may be defective if the designed railing is not high enough to keep riders secure.

Drug Company To Pay $3 Billion in Fraud Settlement

July 26, 2012 | by Broussard, David & Moroux

GlaxoSmithKline will pay $3 billion dollars, the biggest single settlement of health fraud in U.S. history, for the unlawful marketing of two drugs and failing to provide necessary information to the Food and Drug Administration.

The drug company admitted to falsely representing that certain drugs, such as Paxil and Wellbutrin, were approved to treat issues beyond the drugs’ FDA approval. A United States attorney called the settlement “unprecedented in both size and scope.”

Broussard, David & Moroux represents clients who are injured by dangerous drugs. Our attorneys have experience taking on large corporations and fighting for the rights of injured consumers. An experienced lawyer can analyze the facts and circumstances surrounding your case and determine whether you have a successful claim against a pharmaceutical company. Products liability law provides theories for recovery in pharmaceutical litigation. In a typical lawsuit against a pharmaceutical company, an injured group of consumers intends to hold a negligent manufacturer legally responsible for their common injuries caused by their dangerous drug.

Iberia Parish Plane Crash; Pilot Survives

July 5, 2012 | by Broussard, David & Moroux

A single-engine plane crashed in Iberia parish, injuring the pilot. No other passengers were on board. According to witnesses, the plane crashed while the pilot was practicing landings and takeoffs in an open field. Authorities suspect the pilot collided with a power line.

In the past 10 years, there has been a 20 percent increase in private plane crashes in the U.S. Industry studies suggest that the cause of these accidents include pilot error, inadequate training, overloading planes, relaxed maintenance standards and sudden changes in weather. Mechanical failure is also more common in private planes than commercial aircrafts.

Mississippi Factory Explosion Raises Questions about Plant Safety

June 14, 2012 | by Broussard, David & Moroux

A steam explosion at a fertilizer factory in Pascagoula, Mississippi last week tragically killed one worker and left two other workers injured. Authorities continue to search for the cause of the accident. This accident marks the second fatal explosion at a plant in this area in a two-week-period.

Factories, chemical plants and refineries pose unique dangers to workers. Because these jobs often involve complex machinery and dangerous chemicals, workplace safety should be an employer’s utmost priority. A workplace explosion or fire can lead to the loss of limbs, back injuries, life-changing burns or death. A serious injury can dramatically affect a worker’s ability to earn a living.

Defective Bicycle Frame Cause of Fatal Crash

April 26, 2012 | by Broussard, David & Moroux

A Massachusetts cyclist died in a crash believed to be caused by a defect in the bicycle. Police believe the fork-the portion of the frame that holds the front wheel- separated from the bicycle, causing the crash and killing the father of three.

The fork on the bicycle was the subject of a recall in 2008 by the U.S. Consumer Product Safety Commission. The manufacturers stated the forks were found to crack and break under certain conditions.

As consumers, we expect our products to be safe and free from dangerous defects. Unfortunately, each year thousands of people are seriously injured by defective products. Tragically, some of the most dangerous defective products are baby products and children’s toys. Products liability is an area of law that holds product designers, manufacturers, distributors and sellers responsible for unreasonably dangerous products under certain circumstances.