Product Liability

Considering the Health Impact of the Next Generation of Nicotine

March 5, 2014 | Gregory J. Brod

For many years, tobacco companies resisted admitting that cigarettes were hazardous to consumers’ health. Such a position is no longer realistic. Today, there’s a new front for a similar debate: the safety of e-cigarettes. While they eliminate the actual smoke, electronic or e-cigarettes deliver nicotine and other substances using an aerosol cartridge, often adding a flavoring such as mint, fruit, or even chocolate. Our San Francisco health lawyer is incredibly worried about the dangers posed by e-cigarettes and the mistaken belief that they are a fully safe alternative to traditional cigarettes. We are committed to holding manufacturers responsible for spreading this false message and targeting it to an underage market.

San Francisco Looks to Lead the Nation and Crack Down on E-Cigarette Use

The San Francisco Chronicle recently reported on efforts to crack down on e-cigarettes in the city. These efforts include work by Slanton Glantz, a researcher who helped San Francisco pass pioneering legislation curbing smoking in the workplace 31 years ago, rules that led to some of the nation’s toughest anti-tobacco laws. Glantz joined city officials earlier this week when they discussed Supervisor Eric Mar’s proposal to treat e-cigarettes the same as traditional cigarettes, limiting where they can be used and sold. Supporters say the proposal would help limit children’s use of e-cigarettes and prevent secondhand exposure to the aerosol emitted by the newer devices which are not yet regulated at the federal level.

Fire Injury Lawyer Urges Caution to Prevent Home Heating Fires this Holiday Season

December 24, 2013 | Gregory J. Brod

It is one of the “warmest” symbols of the holiday season, stockings hung and a family gathered around a blazing fireplace (hot cocoa is optional). Fires can be beautiful and part of the beauty lies in their sheer power. Sadly, this same power can cause tragedy when fires burn out of control, a fact some area families know all too well this holiday. When home fires are the result of defective products, including the particularly common threat of space heater fires, our Oakland home fire injury lawyer is available to help.

Two Oakland Blazes Serve as a Reminder of the Danger of Home Fires

Two separate Oakland fires have left 15 people homeless in the days just prior to Christmas 2013, according to the Oakland Tribune’s reports. On the 1600 block of Fifth Avenue in Lake Merritt, a candle ignited an apartment fire that spread to two other residential units, leaving all three apartments uninhabitable and also causing minor damage to a liquor store in the building. A second fire struck a home in the 3000 block of Logan Street in the Fruitvale district. Officials believe a cigarette may have sparked some trash behind the house. Thankfully, residents at both locations were able to escape safely, with only one person requiring at-the-scene treatment for smoke inhalation.

Study: Long-Term Use of Antacids Could Cause B-12 Deficiency-Linked Problems

December 10, 2013 | Gregory J. Brod

It’s reasonable to expect that the medications we use to treat conditions should be safe to consume, but all too often San Francisco personal injury attorney Gregory J. Brod has been made aware of people who are sickened or worse by the drugs they take. And now, even one of the most common class of medications that millions of Americans rely on for relief, antacid drugs, may be hazardous to one’s health.

According to the San Francisco Chronicle, a study conducted by Kaiser Permanente researchers that was released Tuesday has found that the long-term use of popular antacid drugs for indigestion relief can cause a deficiency of vitamin B-12. In its untreated form, that condition, in turn, has been blamed for an increased risk of dementia, nerve damage, anemia and other potentially serious medical issues.

The study, which was published online in the Journal of the American Medical Association, found participants who consumed a class of drugs known as proton pump inhibitors – commonly known to the public through brand names such as Prilosec, Prevacid and Nexium – for a period longer than two years ran a 68 percent greater chance of developing a vitamin B-12 deficiency.

The use of antacid drugs for the treatment of heartburn, stomach acid reflux disease and gastric ulcers has been fairly common in the United States since the 1990s, and many Americans typically take them for no more than the maximum recommended duration of eight weeks. However, some consumers have been taking antacids for much longer periods.

The vitamin B-12-linked conditions associated with long-term use of proton pump inhibitors seem to be triggered because this class of antacids does such a good job of shutting down the stomach cells responsible for producing acid – but those same cells are needed to absorb vitamin B-12.

While the revelations from the Kaiser study are new, the connection between the use of proton pump inhibitors and medical problems is an established one, including these findings from the federal Food and Drug Administration:

An FDA report issued in May 2010 found a link between the high dose, long-term use of proton pump inhibitors and the risk of possible fractures of the hip, wrist and spine
An FDA safety communication issued in March 2011 warned of the risk of low magnesium levels associated with the long-term use of proton pump inhibitors
An FDA safety communication issued in February 2012 warned of associated diarrhea linked to the use of proton pump inhibitors

Heat Is on Tesla Motors After Company Linked to Yet Another Fire-Related Accident

November 13, 2013 | Gregory J. Brod

If autumn is typically considered the height of the fire season in California, this fall has been a veritable tinderbox of pyro-related problems for Tesla Motors, especially after the electric-car maker experienced a fire at its plant in Fremont on Wednesday. The incident is an example of where Bay Area personal injury attorney Gregory J. Brod stands ready to represent anyone who has suffered a burn injury or harmed in an industrial accident or defective products case.

According to the San Francisco Chronicle, on Wednesday three employees at Tesla’s plant in Fremont suffered moderate to serious burns or other possible injuries – one worker’s condition is still being evaluated – while they were working with pressurized equipment after an aluminum casting press failed, causing hot metal from the press to injure the employees.

Model S Troubles on Highways
The Wednesday blaze is the latest in a series of fire-related woes to befall the Palo Alto-based Tesla Motors. On Nov. 9, the driver of a Model S struck a tow hitch on Interstate 24 near Murfreesboro, Tenn., which damaged the automobile’s undercarriage and sparked a fire. That incident prompted a call from Clarence Ditlow, the executive director of the Center for Auto Safety, for the National Highway Traffic Safety Administration to launch an investigation. The NHTSA had declined to investigate an earlier fire involving a Tesla sedan that occurred Oct. 1 in Washington state.
In the Washington state incident last month, a Model S burst into flames while it was traveling on Route 167 near Seattle when, according to the driver, the vehicle hit some debris on the road. The automotive blaze prompted concern over Tesla’s battery technology and sent the company’s stock plunging after a YouTube video quickly surfaced that recorded the incident.

Between the incidents in Washington state and Tennessee, another accident involving a Tesla Model S occurred in Mexico. With three crashes in six weeks, it stands to reason that there would be sentiment for investigations and even a recall, but Tesla Motors CEO Elon Musk stated on Monday that media coverage of fires involving cars manufactured by his company were overblown and that Tesla will not implement a product recall for the Model S.

The Severe Consequences of Burns to the Skin
While automobile company executives may feel that media coverage of fires that start in their products may be overblown, it’s hard to exaggerate the injuries that result from serious burns, suffered either in an industrial setting or while one is a motorist or passenger of a vehicle that catches fire. The skin acts as the body’s first line of defense against bacteria and viruses, and it is a complex structure that helps to regulate its temperature as well as the amount of fluid it contains. Within the skin one also finds a complex network of blood vessels and nerves. So when the body suffers a burn – anywhere from a first-degree burn to, most seriously, a third-degree burn – essentially a breach has occurred in the body’s defenses, opening the way for serious complications as well as scars, both physical and emotional.
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Unexpected Braking Leads to Second Honda Recall

November 5, 2013 | Gregory J. Brod

Cars are complex machines with a multitude of parts that work together to ensure the vehicle not only functions, but does so in a safe and reliable manner. Predictability is important, especially when it comes to major elements such as the brakes. Defective brakes are a terrifying possibility, with the phrase conjuring images of a car speeding out of control as the driver frantically presses an unresponsive brake pedal. However, few consider the dangers posed by brakes engaging unexpectedly. Unexpected braking is a threat that concerns our San Francisco defective vehicle lawyer and a danger that has caused Honda to issue two distinct recalls this year.

Honda Recalls Odyssey Minivans Following Reports of Unexpected Braking

Honda recently announced that it is recalling 2007 and 2008 Honda Odyssey minivans. The recall, which involves 344,187 vehicles built between August 8, 2006 and September 8, 2008, is discussed in an article on Edmunds.com, one of the leading resources for information on automobiles and the automotive industry. Earlier this year, Honda informed the National Highway Traffic Safety Administration (“NHTSA”) that it had received 109 warranty claims and more than 200 field reports related to unexpected braking as of June 30, 2013. In the NHTSA’s own investigation, the agency received 22 complaints claiming that the vehicles had braked unexpectedly. Reports included claims of braking occurring while the driver was pressing the accelerator, with drivers alleging a sudden drop in speed of up to 30 miles per hour.

Be Aware of Halloween Dangers

October 29, 2013 | Gregory J. Brod

For many, fright is part of the fun on Halloween. However, the best fear is controlled; a scare that comes while knowing one is ultimately safe and secure. Attention to Halloween safety is crucial to ensuring that the thrills and chills don’t turn into true danger. There are many elements to a safe October 31st and this post will focus on only two of the many safety issues: the threat of burn injuries and the danger to pedestrians on Halloween. Both of these topics are of great concern to our San Francisco injury attorney and we encourage victims of either threat to call our firm if someone else’s negligence contributed to your injury.

Halloween Burn Injuries

Burn injuries are one of the biggest threats to a safe Halloween celebration. Despite a federal law requiring costumes meet flame-resistance standards, flammable costumes remain a real threat. ABC News references 16 costume-related burn injuries since 1980, including a twelve year old who died after a brush with a lit pumpkin caused her costume to ignite. These numbers likely fail to account for fires blamed on other causes, including fires started by decorative items. Halloween is, according to the U.S. Fire Administration, one of the top five days for fires sparked by candles in the U.S. Preventing fires and burns requires vigilance. We also believe that using product liability laws to hold companies liable for unsafe products will also help prevent future burn injuries.

Yerba Buena Island Fire: Reminder of Danger of Fireworks

October 7, 2013 | Gregory J. Brod

A curious twist has surfaced from Sunday’s traffic-snarling fire on Yerba Buena Island as a San Francisco Fire Department official stated that the SFFD received telephone calls suggesting fireworks may have sparked the blaze. There were no reported casualties caused by the fire, but it may surprise people to know that fireworks are responsible for a significant number of injuries every year in the United States, a fact that raises burn injury, products liability and negligence issues thatSan Francisco attorney Gregory J. Brod has experience with.

Sunday’s fire on Yerba Buena Island erupted about 8 p.m. near the Bay Bridge’s western span and was contained in about two hours. However, eastbound commuters, many of whom were returning home from a San Francisco 49ers game, were stuck in traffic on the bridge after the fire prompted the shutting down of two eastbound lanes while firefighting crews battled the blaze. Dry, warm weather may have helped provide more ideal conditions for the fire, but reports suggest that another combustible element may have been a factor.

“We had some initial reports from telephones that there could have been some fireworks involved,” said SFFD Assistant Chief Matthew McNaughton, according to KGO-TV. SFFD firefighters are in the process of investigating the fire and what triggered it.
Regardless of the final outcome of the SFFD’s investigation, some facts are on the record about the perils of fireworks, according to statistics from the National Fire Protection Association and the National Council on Fireworks Safety, including the following:

Every year in the United States there are 9,300 serious injuries caused by fireworks, with an average of four deaths due to fireworks.
Forty percent of all fireworks-linked injuries in the United States are caused by illegal fireworks.
In 2011, hospital emergency rooms in the United States treated an estimated 9,600 people for fireworks-related injuries, and fireworks reportedly caused the death of eight civilians.
In 2011, there were an estimated 17,800 reported fires caused by fireworks in the United States, including 1,200 structure fires and 400 vehicle fires that resulted in direct property damage of $32 million. On average, 20,000 fires in the United States each year are blamed on fireworks.
Forty-five percent of injuries caused by fireworks are sustained by children under the age of 14.
On average, every year 400 Americans lose sight in one or both eyes due to fireworks.
In 2010, 61 percent of emergency room fireworks-related injuries were sustained by the extremities of the victims and 34 percent were injuries to the head.

Update: Battery on $70,000 Tesla Model S Electric Car Eyed in Tough-to-Battle Vehicle Fire

October 4, 2013 | Gregory J. Brod

Cars are complex machines. Most of us rely on them daily and we trust that they will work as expected. Faulty cars can be extremely dangerous and can cause injury or even lead to the death of the driver, passengers, occupants of nearby vehicles, and/or other bystanders. While the phrase “defective vehicle” may conjure up images of a low-budget lemon, a recent headline is a reminder that even some of the most expensive vehicles boasting the latest technology can hide a dangerous defect. As a San Francisco product liability lawyer with added experience in automobile accidents, Attorney Brod can help when an automotive defect leads to tragic consequences.

Tesla Catches Fire in Seattle Suburb

As we discussed yesterday, officials have linked a vehicle fire near Seattle to a problem in the battery pack of a Tesla electric car, as discussed in an Associated Press report carried by the San Francisco Chronicle. The incident occurred on Tuesday as the driver of the Model S Tesla was travelling south on State Route 167 through Kent, a suburb of Seattle. The driver told authorities that he thought he had struck some form of metal debris, leading him to exit the highway. He said that the vehicle became disabled and he had begun to smell something burning when the vehicle caught fire. Firefighters arrived on scene only three minutes after the first emergency call and remained there for 2 ½ hours, although it is unclear how long the active firefight lasted. Trooper Chris Webb with the Washington State Patrol indicated that the fire damage was too extensive to allow officials to see whether there had been extensive damage due to the debris the driver had hit before the fire.

Fire Involving Tesla Sedan Rekindles Concern over Safety of Electric Cars

October 3, 2013 | Gregory J. Brod

Theoretically, consumers face the potential for buying a defective product every time they go shopping, with an array of consumer products from the most simple or small to the most complex or large quite possibly putting a person at risk for injury. Among consumer products that fit the latter description, automobiles are perhaps one of the most iconic examples, and San Francisco products liability attorney Gregory J. Brod has been closely following developments in the auto industry that could impact consumer safety.

https://www.youtube.com/watch?v=q0kjI08n4fg

The production of electric and hybrid cars has been one of the more exciting developments in the automobile industry, but the technology remains very much a work in progress, with studies on safety issues an ongoing process. An electric or hybrid car’s battery is usually the focus of any safety investigation, with any such safety probe in the past as the result of a fire that has erupted for some reason in the car’s battery. For example, last year the Chevrolet Volt plug-in hybrid was the subject of stepped-up scrutiny after a number of fires broke out after test crashes of the vehicle. General Motors, the vehicle’s manufacturer, stated that the fires were the result of a coolant leak and short circuit that was triggered when the car’s battery pack was punctured during the test crashes.

Company Stock Takes Hit After Model S Reportedly Strikes Object, Bursts into Flames
On Wednesday, another incident involving an electric car model, this time one manufactured by Tesla Motors, was in the news due to a fire. As reported by USA Today, investors in the Palo Alto-based company took a 6.24 percent hit in the price of their shares after a video surfaced on YouTube showing a Tesla Model S catching on fire on Tuesday. The sedan was traveling on state Route 167 near Seattle when, according to the driver, it struck some debris on the highway and burst into flames. Tesla Motors issued a statement Wednesday saying that the fire was caused by “substantial damage” to the car when the driver hit a large metal object on the road and that the flames were contained to the front of the vehicle.

Other than the shareholders who were singed from the incident – and obviously rattled by concerns over the vehicle battery’s safety – no one was hurt in the fire that damaged the ill-fated Tesla Model S on Tuesday. While car fires are not particularly unusual, those involving electric or hybrid vehicles have been closely monitored by safety officials due to concerns that lithium-ion battery systems might be more susceptible to fires.

Government Urges Public Awareness on Safety Measures for Electric Vehicles
In the wake of the recent controversy surrounding the Chevrolet Volt, the National Highway Traffic Safety Administration conducted a safety defect investigation and issued a statement on Jan. 20, 2012, saying that it didn’t believe that Chevy Volts or other electric vehicles pose a greater risk of fire than gasoline-powered vehicles. However, the NHTSA also stated that electric vehicles have specific attributes that should be made clear to several key constituencies, including consumers, and that the agency has developed interim guidance to increase awareness and point out appropriate safety measures for those concerned.
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Long-Term Health Dangers of Pesticides Felt from Farm to Homes

September 25, 2013 | Gregory J. Brod

Food safety is an issue of particular concern to toxic tort attorney Gregory J. Brod. The safe consumption of the food that we eat can be affected by a variety of factors along the way from farm to dinner table, including contamination from bacteria and other pathogens. However, one of the most inconspicuous yet pervasive ways that our food can become the agent for illness is through the use of pesticides in the growing process and the long-term cumulative impact those substances have on our health.

A report this week in the San Francisco Chronicle focused on the particular peril farmworkers face from long-term exposure to pesticides. A professor of maternal health and child health and epidemiology and a supporting team at UC Berkeley launched a study of how pesticides adversely affect the health of farmworkers in the wake of the federal government’s decision in the late 1990s to fund research about environmental chemicals and children’s health. The UC Berkeley research found the presence of organophosphate pesticides – commonly used in agriculture but known to harm the human nervous system – in the urine of women in the study group drawn from the Salinas Valley and in greater quantity than in women of child-bearing age elsewhere in the United States. Research has established that children who have been exposed to high levels of pesticides in the womb were more likely to register test result markers that determine the likelihood of attention deficit hyperactivity disorder.

With California a key agricultural state, it stands to reason that the potential exposure of farmworkers to pesticides would be an issue of concern and, indeed, an important treatise on the subject “Fields of Poison 2002” with the subtitle “California Farmworkers and Pesticides” was published a decade ago. But the problem of exposure to pesticides goes way beyond the agricultural sector straight into the lives of consumers. Even though most pesticides used on farms don’t appear in the food we eat there still are troubling facts the Pesticide Action Network of North America has found that are cause for some alarm including the following:

* Tests conducted by the Centers for Disease Control and Prevention found that 93 percent of Americans had metabolites of chlorpyrifos, which is a nuerotoxic insecticide, in their urine. Chlorpyrifos, which has been linked to ADHD, has been banned from home use due to its risks to children.
* Tests have determined that 99 percent of Americans are positive for the presence of DDT degradants, this in spite of the fact that DDT hasn’t been used in the United States since 1972. Studies have found that women who have been exposed to DDT as girls are five times more likely to develop breast cancer.
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