Oregon Injury Lawyer Blog

March 6, 2013

Medical Device Product Liability

An editorial published last month by the New York Times raises important questions about the legal and moral responsibility medical device manufacturers have, or ought to have, concerning their products.

The newspaper focused on all-metal hip implants in general and the actions of DePuy Orthopaedics in particular. DePuy is a division of pharmaceutical and medical supply giant Johnson and Johnson. The paper writes that “about 93,000 patients around the world” received DePuy’s all-metal Articular Surface Replacement (ASR) model hip implant until it was recalled in 2010. However, the paper notes, “documents show that as early as 2008 DePuy executives were told by a number of surgeons, including its own consultants, that the device appeared flawed.” The article goes on to note: “That was never disclosed to doctors who were putting the device into patients, nor were other unfavorable internal studies.”

In response DePuy’s president wrote to the Times this week to take issue with the editorial, noting that the ASR had been approved by federal regulatory authorities and that when data indicated that numerous patients were requiring early replacement of their implants the company “recalled the product and immediately supported patients with a reimbursement program for their medical costs.”

February 28, 2013

Distracted Driving Highlighted by Teen Driving Study

by Matthew D. Kaplan

See the link below for an interesting story from yesterday’s Oregonian on a new study focusing on teen driving fatalities nationwide. The good news: Oregon and Washington “are among the nation’s safest states for 16- and 17-year-old drivers, according to a new report by the Governors Highway Safety Association (GHSA).” The bad news: nationwide, teen driving deaths rose significantly during the first half of 2012.

In an effort to tackle popular misconceptions, the newspaper notes that: “Among road users, aging drivers are often thought to be the biggest hazard. But teen motorists are less experienced and (are) on the road more frequently, experts say.”

Oregon recorded just one teen driving fatality during the first six months of 2012 (the period covered by the study), compared with none during the comparable period in 2011. In Washington the year-to-year difference was dramatic: no fatalities among 16 and 17-year-olds from January through June of 2012 compared to 16 in 2011. Nationally, 240 16- and 17-year-olds died in crashes during the first half of 2012, compared with 202 the year before, a 19 percent increase.

February 26, 2013

Federal Investigation Targets Potential Ford Safety Problems

by Matthew D. Kaplan

An Associated Press story published yesterday on The Oregonian’s website should grab the attention of many Oregon motorists concerned about both Oregon traffic safety and Oregon defective products issues. According to the news agency, the federal government’s National Highway Traffic Safety Administration “says it will investigate problems with stalling or surging engines in nearly 725,000 Ford cars and SUVs.”

According to the article the investigation covers 2009, 2010 and 2011 models and applies to the following vehicles:

➢ Ford Escape SUV

February 22, 2013

Oregon Product Liability Issues Raised in Tainted Peanut Case

by Matthew D. Kaplan

The Oregonian noted this afternoon that the FBI is asking people across the United States to contact it regarding illnesses traceable to tainted peanuts.

The case began in 2009 with an investigation by the Food and Drug Administration which found a Georgia plant run by Peanut Corporation of America (PCA) to be “filthy, with dead rodents and droppings, and that the company sold tainted products and sometimes had them retested after a positive salmonella test,” the newspaper reports. The FBI statement comes one day after four top executives from Peanut Corporation of America were indicted on federal conspiracy, wire fraud and obstruction of justice charges, a legal move that goes far beyond what is normal in federal cases of this type.

The FBI statement (see link below) asks victims of the tainted food to fill out a confidential form so that they can be kept notified of developments in the case. The newspaper notes that in a highly unusual move, “the ad does not limit itself to patients, either. It asks anyone affected by the outbreak – which could include the hundreds of companies that recalled products – to respond.” According to the newspaper’s report, 700 people, including 15 here in Oregon, became ill after eating tainted products traced to the factory. Among those sickened, nine deaths were also reported.

February 19, 2013

National Program Presses for More Bike Lanes

by Matthew D. Kaplan

A recent article at Atlantic Cities, a subsection of The Atlantic magazine’s website, looks at efforts to make American cities more bike-friendly. Its focus is the Green Lane Project (GLP), which is organized by the national advocacy group Bikes Belong.

As the magazine explains, the GLP’s goal is to help cities “adopt high-quality bicycle infrastructure – bike lanes where people can ride with at least some protection from car traffic in the form of bollards, parked cars, raised pavement or other separation.” The project is focusing its efforts on Austin, San Francisco, Chicago, Memphis, Washington D.C. … and Portland. “The GLP hopes to educate municipal planners and engineers, increase the visibility of such lanes, and make them part of a mainstream approach to designing urban streets.”

As we know here in Portland – and as a photo from San Francisco’s Market Street accompanying the article illustrates – green-painted bike lanes are not always separated from motorized traffic. The broader point of the project, however, is to rethink city streets in ways that make it less intimidating for casual cyclists to share the road with cars and trucks. Activists hope that, in turn, will make urban biking more mainstream and less about “messengers and Lycra-clad road riders.”

February 13, 2013

Helicopter Crash Raises Oregon Wrongful Death, Industrial Accident Issues

by Matthew D. Kaplan

Investigations of a 2008 helicopter crash that killed nine and injured four in Northern California have resulted in criminal charges for two Oregon men and also raise both Oregon wrongful death and, potentially, industrial accident issues. The details of the tragedy were outlined last week by The Oregonian.

All of the crash victims were involved in fighting wildfires in California at the time of the incident. All but one were Oregonians, as are the two men who, the paper reports, now face fraud charges in relation to the crash. The criminal complaint “accuses the two men of falsifying the weight and takeoff power of the helicopter that crashed and other helicopters that were part of a ‘call-when-needed’ contract worth up to $20 million” The Oregonian reports. Both men have been suspended by the Grant’s Pass company that employed them, owned the helicopter and had contracted it to the US Forest Service for firefighting duty in California.

The criminal charges carry potential 20-year sentences, but they also raise civil liability issues that ought to be considered. If the allegations against the defendants are true their actions could also warrant the filing of wrongful death charges by loved ones of those killed in the crash. Ordinarily, the statute of limitations for Oregon wrongful death claims is three years. The law does, however, allow for exceptions if the negligent act was not discovered within that time frame, a situation that may apply in this case since criminal charges have only just been filed. Whether such a suit would be directed at the men currently facing criminal charges, at their employer (the helicopter’s owner) or both is an issue requiring further legal analysis.

February 6, 2013

Tri-Met Work Agreement is a Victory for Passenger Safety

by Matthew D. Kaplan

Last month I wrote about the growing controversy over work rules for Tri-Met bus and train drivers and concerns that public safety could be affected when drivers log excessively long shifts. In January, the union representing Tri-Met’s drivers rejected proposed work rules saying that, as written, they posed a threat to both drivers themselves and the public at large.

According to a report in yesterday’s Oregonian the union and Tri-Met now “have officially signed an agreement requiring bus drivers to take off a minimum number of hours between shifts.” The paper reports that both Tri-Met and the union “promised that the agreement will fix a system that has allowed several drivers to pad their paychecks by working as many as 22 hours in a 24-hour period.” (the link to the Oregonian, below, contains, in turn, a link to the full text of the work agreement)

Until now, as The Oregonian notes, loopholes in the federal government’s system of oversight for drivers and passenger haulers mean that federal rules preventing excessive shifts or hours do not apply to Tri-Met’s bus operators but do apply to the transit system’s train operators. The result was a system that has long had real potential to endanger the drivers themselves, their passengers and cyclists and pedestrians who share the road with Tri-Met’s buses and trains, as a number of tragic Oregon traffic accidents have demonstrated in recent years.

January 31, 2013

Freeway Pileup Highlights Winter Driving Dangers

by Matthew D. Kaplan

The Associated Press is reporting that two people died and 20 people have been injured in a multi-car and truck accident on Interstate-75 near Detroit. The fatal road accident involved “more than two dozen vehicles including tractor-trailers,” according to the news agency, and highlights the need for caution during this winter driving season.

Though this particular accident took place half a continent away from Oregon, the circumstances are some that we are all too familiar with here in the Pacific Northwest. Be it on the congested roads around Portland or the notoriously dangerous Cabbage Hill segment of Interstate-84 in the east of the state, Oregon semi-truck accidents are a serious problem on the roads of our state and region.

In 2010 alone, the last year for which Oregon Department of Transportation data is available, there were 649 Oregon truck crashes on our roads involving semi-trailers, resulting in nearly 250 injuries and 25 deaths. As these figures indicate, the operation of large trucks calls for special care and caution on the part of drivers. Of course, semi-truck operators are not alone in this responsibility. The accident figures cited here are only a fraction of the total number of Oregon truck crashes that take place every year.

January 27, 2013

Important Oregon Product Safety Information

by Matthew D. Kaplan

An important Oregon consumer safety announcement from the federal government has been passed along by The Oregonian. The newspaper reports that the Food and Drug Administration has ordered the recall of seven different varieties of Annie’s frozen pizza because some of the meals may be “studded with metal fragments.”

The newspaper reports that a statement issued by the manufacturer, Annie’s Inc of Berkeley, California, “said a mesh screen at a flour mill broke causing tiny metal pieces to tumble into the flour and contaminate pizza dough.” According to The Oregonian the recalled frozen pizzas have been distributed nationwide, so it is only prudent to assume that some may have made their way here to Oregon.

A separate statement released by the FDA noted that the recall is precautionary in nature. Until now, no metal fragments have been discovered in the affected products. The FDA news release (see link below) offers a complete list of the products being recalled, along with their UPC numbers, and also provides contact information for the hotline set up by the company to deal with consumer questions and concerns.

January 21, 2013

Oregon Car Crash Kills One

by Matthew D. Kaplan

A three-vehicle Polk County, Oregon car accident over the weekend left one man dead and five people hospitalized, according to a report in The Oregonian.

The Oregon auto accident took place in the town of Dallas, about 60 miles southwest of Portland. The newspaper, quoting the Oregon State Police, reports that the sequence of events began Saturday evening when a van driven by a man from Woodburn “was heading west when it traveled across the center line and collided” with a vehicle headed in the opposite direction on State Route 22.

The driver of the eastbound vehicle was a 69-year-old Silverton man. He was pronounced dead by paramedics responding to the accident. Two other people in the car were taken to a Salem hospital with what The Oregonian describes as “critical” injuries. The driver of the van was not seriously injured in the initial crash, but was struck by a third vehicle, a westbound pickup truck, when he stopped to assess the initial accident. He was taken to the same Salem hospital as the victims in the car and is reported to be suffering from “serious injuries.” The two people in the third vehicle were treated in McMinnville for minor injuries.