Category Archives: Product Liability

Nearly 100 individuals file suit for heavy metal poisoning due to a faulty hip replacement

Date: December 2011
Location: Jackson County Circuit Court
Name: Keith Cadwallader

Keith Cadwallader has joined a lawsuit with nearly 100 other local individuals who suffered heavy metal poisoning due to a faulty hip replacement.

The lawsuit, which was filed in Jackson County Circuit Court Tuesday, claims that Cadwallader was given a Stryker brand hip replacement in December 2011. Within only a few months of the replacement, doctors found toxic levels of metal ions and particles in his blood stream and organs. Despite this, the device was not removed from the market until June 2012. By that time, the device had been implanted in 53,000 people.

Cadwallader had his device removed in November 2013, due to suffering ongoing pain and discomfort. He is suing Stryker Orthopedics for $5.1 million and is alleging that Stryker was aware of the metal corrosion but chose to keep selling the device.

Stryker has not commented on that case, stating they need more time to review it. Cadwallader has requested a jury trial to determine if Stryker is liable for a host of complaints including manufacturing defect, design defect, failure to warn, negligence and breach of warranties.

Nationwide, about 2000 cases have been filed against Stryker related to faulty hip replacement devices.

In Oregon, manufacturers, distributors, and retailers are all responsible for the safety of their products. If you or a loved one has experienced an accident similar to this, contact an Oregon product liability attorney to protect your rights.

You can seek compensation for injuries from:

  • Design defects: when the poor or flawed design of a product makes it dangerous
  • Manufacturing defects: when a problem is introduced during manufacturing that makes a product dangerous
  • Marketing defects: when the warning labels or instructions are not sufficient or appropriate to protect consumers from injury

By pursuing damages from companies that allow unsafe products to be created, distributed, and sold in Oregon, you may be helping others who have had similar experiences. According to the US Consumer Product Safety Commission, over 30 million people are injured every year in the United States due to defective products.

Do not wait to get help: contact a Portland product liability attorney for a free consultation as soon as possible. In product liability cases, it can be imperative to get pictures and start investigating what happened as soon as possible, because product liability cases have their own special (and very difficult) statutes of limitations (ORS 30.905), which can be much shorter than the more common statutes.

Barista Injured By Exploding Coffee Canister

Date: January 27, 2014
Location: Hollow Coffeehouse
Name: Marenda Duncan

A coffee shop worker suffered serious injuries on Monday, January 27, 2014 in a workplace accident.

Police report that Marenda Duncan, 29, of Oakland, was working at the Hollow Coffeehouse located at the intersection of 1st and Maple in Oakland. She was handling a high pressured coffee canister when it suddenly exploded. The incident happened just before 3:00 pm on Monday afternoon.

Duncan had to be LifeFlighted to Portland area trauma hospital for treatment, with a severe head injury. Her current condition is not known.

The incident is still under investigation at this time. It is unknown if the accident was due to a defect in the canisters design, or for other reasons. No other parties were injured in the incident and it was not reported if there were any customers in the coffee house at the time.

We would like to express our best wishes for a fast and full recovery to Mrs. Marenda Duncan. We hope that you are able to fully recover from this serious and traumatic accident. Our best wishes are with your family and friends as well during this difficult time.

In Oregon, manufacturers, distributors, and retailers are all responsible for the safety of their products. If you or a loved one has experienced an accident similar to Marenda Duncan’s, contact an Oregon product liability attorney to protect your rights.

You can seek compensation for injuries from:

  • Design defects: when the poor or flawed design of a product makes it dangerous
  • Manufacturing defects: when a problem is introduced during manufacturing that makes a product dangerous
  • Marketing defects: when the warning labels or instructions are not sufficient or appropriate to protect consumers from injury

By pursuing damages from companies that allow unsafe products to be created, distributed, and sold in Oregon, you may be helping others who have had similar experiences. According to the US Consumer Product Safety Commission, over 30 million people are injured every year in the United States due to defective products.

Do not wait to get help: contact a Portland product liability attorney for a free consultation as soon as possible. In product liability cases, it can be imperative to get pictures and start investigating what happened as soon as possible, because product liability cases have their own special (and very difficult) statutes of limitations (ORS 30.905), which can be much shorter than the more common statutes.

Motorcycle Crash Injures Couple on Highway 20

Date: July 28, 2013
Location: Highway 20, west of Santiam Pass Summit
Names: Rickie Ray Taylor, Laura Taylor

A couple riding a motorcycle on Highway 20 west of Santiam Pass summit, on Sunday, was seriously injured when it crashed.

According to the police the incident occurred at around 4:30 pm. The 2004 Yamaha motorcycle that was being operated by Rickie Ray Taylor, 61, was negotiating a curve on the downhill grade when it traveled onto the right shoulder of the road, sideswiped a guardrail, was laid on its side and moved further from the highway before stopping.

This seriously injured Taylor who was using a helmet. He was taken to hospital by air for treatment while his passenger Laura Taylor, 62, was taken by ground ambulance to a hospital. She was also wearing a protective helmet.

Police continue to investigate the accident though they believe that speed was not a factor.

We extend our sympathies to the injured and hope they recover quickly and completely.

We wish Taylor a complete and speedy recovery, and hope that this accident can serve as a reminder for all of us to be aware of the dangers motorcyclists face while sharing the road.

In fact, according to the NHTSA, motorcyclists are 16 times more likely to sustain serious injuries than drivers of cars in motor vehicle crashes. With this alarming rate of injury, it is vital that you take precautions as a motorcyclist and as a driver. While we should always be aware and careful when driving a car, we must redouble our efforts when motorcycles are near, because hitting one can be disastrous.

If you are involved in a motorcycle accident, there are several things you should do:

  • Contact the police. If the police won’t come to the scene, you must report your accident to the DMV within 72 hours.
  • Call an ambulance, if necessary.
  • If you are able, exchange contact and insurance information with the other driver(s), passengers, and witnesses.
  • Take photos. The more photos you have of the damage done to your motorcycle, the other vehicle, tire marks on the road, weather conditions, property damage, the intersection, your injuries, etc. the better.
  • Take before and after photographs of any repairs made to your motorcycle, and keep all the record for those repairs.

In Oregon, motorcycle riders are not required to have Personal Injury Protection (PIP) insurance coverage, which is the no-fault insurance that covers medical bills in most auto accidents. But, if you are injured as a motorcyclist, your health insurance should cover your medical bills. Then your health insurance will be reimbursed once you have reached a settlement with the at-fault driver’s insurance company.

If you still have questions, concerns, or are unsure how to proceed, contact a Portland motorcycle accident attorney for a free consultation and case evaluation.

 

 

 

 

 

 

Mechanical Failure Caused Bicyclist to Crash Under Semi

Date: July 27, 2013
Location: Highway 224, Portland
Name: Lawrence Mascotte

A man was injured after crashing his bicycle into a semi trailer on Saturday morning.

Lawrence Mascotte, 71, from Portland, was riding on the shoulder of Highway 224 when he lost control of his bicycle. It appears that there was a mechanical failure that caused the problem. After losing control, he crashed his bicycle into a semi trailer that was stopped at a traffic light on Highway 224. Mascotte then slid underneath the trailer.  The driver of the semi did not feel the collision, but luckily, another driver witnessed the crash and pulled in front of the truck to keep it from moving.

Mascotte was then transported to Oregon Health and Science University in Portland with serious injuries. He was wearing a helmet at the time of the collision. The Highway had to be closed for about 20 minutes following the collision.

The cause of the mechanical failure to Mascotte’s bicycle was not known. No specific information has been given on his injuries and his current status is not known. The truck driver was not reported to be injured in the crash.

We would like to express our best wishes for a full recovery to the man injured in this accident. We hope you have a complete and rapid recovery.

In Oregon, manufacturers, distributors, and retailers are all responsible for the safety of their products. If you or a loved one has experienced an accident similar to Lawrence Mascotte’s, contact an Oregon product liability attorney to protect your rights.

You can seek compensation for injuries from:

  • Design defects: when the poor or flawed design of a product makes it dangerous
  • Manufacturing defects: when a problem is introduced during manufacturing that makes a product dangerous
  • Marketing defects: when the warning labels or instructions are not sufficient or appropriate to protect consumers from injury

By pursuing damages from companies that allow unsafe products to be created, distributed, and sold in Oregon, you may be helping others who have had similar experiences. According to the US Consumer Product Safety Commission, over 30 million people are injured every year in the United States due to defective products.

Do not wait to get help: contact a Portland product liability attorney for a free consultation as soon as possible. In product liability cases, it can be imperative to get pictures and start investigating what happened as soon as possible, because product liability cases have their own special (and very difficult) statutes of limitations (ORS 30.905), which can be much shorter than the more common statutes.

 

 

 

 

Product Liability Suit Filed in Death of Bend Oregon Man

Date: July 14, 2010
Location: Bend, Oregon
Name: Gary Lee Price

A lawsuit has been filed against STL International, Inc. of Puyallup, Wash in relation to the death of a man who died after being stuck upside down on an inversion therapy table manufactured by the company.

The lawsuit alleges that 64-year-old Gary Lee Price died as a result of the machine. They are alleging that on July 14, 2010, Price was using one of the company’s inversion tables. At some point, he because trapped in the inverted position and was unable to return to the upright position to remove himself from the machine. The medical examiner reported that Price died in an accident and that the cause of death was asphyxia.

The estate of Gary Price is suing the manufacturer, claiming that the Teeter Hangups EP-850 model machine he was using was “was dangerously defective and caused Gary Price’s death because of inadequate warnings on the machine or its manual on the dangers of becoming trapped in the inverted position.”

Machines such as this can become very dangerous is they are not working right. It has been reported that extended periods of hanging upside down can results in death or other serious injuries such as asphyxia, blood clots to the brain, and kidney failure.

In Oregon, manufacturers, distributors, and retailers are all responsible for the safety of their products. If you or a loved one has experienced an accident similar to Gary Price’s, contact an Oregon product liability attorney to protect your rights.

You can seek compensation for injuries from:

  • Design defects: when the poor or flawed design of a product makes it dangerous
  • Manufacturing defects: when a problem is introduced during manufacturing that makes a product dangerous
  • Marketing defects: when the warning labels or instructions are not sufficient or appropriate to protect consumers from injury

By pursuing damages from companies that allow unsafe products to be created, distributed, and sold in Oregon, you may be helping others who have had similar experiences. According to the US Consumer Product Safety Commission, over 30 million people are injured every year in the United States due to defective products.

Do not wait to get help: contact a Portland product liability attorney for a free consultation as soon as possible. In product liability cases, it can be imperative to get pictures and start investigating what happened as soon as possible, because product liability cases have their own special (and very difficult) statutes of limitations (ORS 30.905), which can be much shorter than the more common statutes.

 

 

 

 

 

 

 

Man Injured When Firework Exploded in His Hand, Almost Severing Thumb

Date:  July 1, 2012
Location:  NW Mahama Place, near Rock Creek Golf Course, Washington County
Name:  Curtis Januik

A Washington County man says he has learned his lesson after a firework he was holding blew up, almost severing his thumb from his hand. And the Washington County Sheriff’s Office appear to have taken his word for it, as they have not issued what could have been a $1,000 fine to the man. They did, however, confiscate the remainder of his illegal fireworks and destroy them.

Curtis Januik, 27, was lighting fireworks Sunday night near Rock Creek Golf Course, just off NW Mahama Place. He was holding an airborne mortar firework and a launching tube in his right hand, when the mortar unexpectedly exploded.

The injury caused by the explosion was so severe, Januik had to undergo emergency surgery to have the right thumb reattached to his hand. Doctors say they are hopeful he will regain the use of his thumb and hand in time.

Januik told police he purchased the illegal fireworks in Vancouver, but says he’ll never do it again. “I learned my lesson,” he told sheriff’s deputies. Firefighters destroyed the remaining fireworks.

We would like to wish Curtis Januik a full and speedy recovery from what must be very painful injuries.

If you’ve been injured by a product, like the fireworks in this accident, there are laws in place to protect your rights. Under product liability law, manufacturers are held accountable for ensuring that the products we buy are safe. There are three types of product liability claims:

1. Design defect – there was a problem with the product introduced during the design process, which means ALL of the same product may be defective and there may be other injuries. Consider filing a class action suit if there are many injuries.

2. Manufacturing defect – there was a problem with the product introduced during the manufacturing process. In cases like this, your product may be the only defective one, or there may only be a few.

3. Marketing defect – this one has less to do with the product itself and more to do with the instructions or warnings. If the manufacturer has failed to provide appropriate safe-handling instructions or proper warnings on the product, they can be held liable for injuries as well.

If you believe you’ve been injured due to any of these types of negligence, contact a Portland product liability attorney as soon as possible.

 

%d bloggers like this: