South Carolina Injury Lawyer Blog

A couple weeks ago your South Carolina workers' compensation lawyers published a blog post concerning a growing threat to consumers that has severely injured a number of people across the Nation, as well as right here in the Charleston area. That threat is popular decorative ceramic firepots filled with dangerous pourable gel fuel. In last Thursday's Post and Courier, there was a report saying that these gel fuels have been recalled by the Consumer Product Safety Commission (CPSC).

The reason behind the recall is that these flammable gels can ignite unexpectedly and splatter onto consumers and other objects nearby when it is poured into an already lit firepot, or as mentioned in the earlier post, when lighting the fuel.

The dangerous defective product is manufactured by Napa Home and Garden Inc. of Georgia. So far, the company has received 37 reports regarding the fuel, 23 of these reports outlined serious burn injuries to consumers. Lawsuits have already begun to be filed by burned consumers, including one from a West Ashley women who suffered serious burns from a Napa Home product. Also included in these suits are the stores where the firepots were sold.

According to the CPSC, the product being recalled is the pourable NAPAfire and FIREGEL Gel Fuel bottles and jugs. The product itself is a clear gel, packaged in a clear containers sized at 1-quart plastic bottles and 1-gallon plastic jugs. It comes in either non-scented or citronella scents and was sold at retailers between December 2009 and June 2011. The gels have been sold at many popular retailers like Bed Bath & Beyond, Shopko, and Restoration Hardware, and other specialty and gift shops, furniture stores and home and garden stores nationwide, as well as through internet megastore Amazon.com, home and garden catalogs, and by home decorators and landscape architects.

If you have purchased one of these products, you should immediately stop use of the product and return the bottles, or jugs, to the retailer where you purchased the product for a full refund.

Continue reading "Your Charleston Personal Injury Lawyers Update Older Posts" »

Your Charleston burn injury lawyers recently learned of a terrifying number of incidents involving ceramic pots filled with flammable gel that have exploded onto consumers and caused serious burns. In some cases these injuries have been life threatening. Since April of 2010 there have been eight instances where consumers have been caught off guard when, either refilling or lighting, their ceramic pots, containing citronella gel to keep the summer time bugs away, have exploded and sent the highly flammable gel onto their bodies.

On May 21, 2011 one of these accidents happened in the Charleston area, West Ashley to be more specific. A woman, her husband, and mother-in-law were sitting on their home's back porch, relaxing and listening to music after a nice family dinner when the husband lit a ceramic firepot full of citronella gel to keep the bugs away. In less than a second after the flame hit the gel, flames engulfed the woman's legs causing second- and third-degree burns, according to today's Post and Courier.

The woman's husband put out the flames out by wrapping his arms around her and smothering the flames, but he also suffered burns in the process. The woman, who is a schoolteacher, was rushed to Medical University Hospital before being transported to a burn center in Augusta, Georgia for treatment to her severe burn injuries.

Since the accident, she has undergone several surgeries and an extremely painful skin graft to repair her badly burned left foot, which she nearly lost because of the incident. For informational purposes, a skin graft is a surgical procedure that removes a healthy patch of skin from part of the body, called the donor site, and transplants it to the damaged area.

Continue reading "Severe Burn Injuries from Firepots and Bug Repellent Fuelgels on the Rise" »

Your Charleston drug and medication injury attorneys recently learned of a major lawsuit involving South Carolina and the diabetes drug Avandia. Our State's Attorney General's Office is suing GlaxoSmithKline PLC, the maker of Avandia, alleging a widespread pattern of fraudulent behavior. According to the lawsuit, filed in Spartanburg County on May 17, GlaxoSmithKline (GSK) used false and illegal marketing, exaggerated the drug's effectiveness, and has hid Avandia's risks since the Food and Drug Administration (FDA) initially approved the drug in 1999. The suit seeks damages and penalties in addition to recouping millions of dollars in State Funding spent on prescription for Medicaid patients and state employees, as well as moneys spent treating the drug's harmful side effects.

In regards to the false and illegal marketing, the suit claims GSK has continued to heavily market Avandia without warning of the potential cardiovascular risks the drug poses to consumers, despite the largely known association of between the drugs use and heart attacks. Since a 2007 study conducted by the Cleveland Clinic showed the drug increased the risk of heart attack in type 2 diabetes patients by about 40 percent, Avandia has come under extreme scrutiny, especially considering further studies have come to similar conclusions.

In May the FDA issued restrictions on the drug's use because such dangerous links to cardiovascular risks and heart attack. Now, under the FDA's new program, only certain patients will be allowed to use the drug.

Continue reading "South Carolina Attorney General Sues Major Pharmaceutical Manufacturer" »

Your Charleston personal injury attorneys came across a recent court decision involving fatal burn injuries and the labeling of the product that fueled the fire. The following are the facts of the case. A Missouri man purchased a can of DAP Cement to use in installing new baseboards in his home. While he was carrying the closed can through his laundry room (located in his basement), he accidentally dropped the can causing some of the can’s contents to spill on the floor. When he attempted to clean up the spill by wiping up the adhesive, the vapors emitted from the DAP cement ignited and caused a flash fire. The 32-year-old man suffered second- and third-degree burns to 80% of his body. Remarkably, he was able to grab his 2-year-old and 3-year-old sons and saved them from the burning home. Unfortunately, the man ultimately died from his burn injuries two months after the accident.

The man’s wife and family sued DAP Inc., in federal court for: wrongful death on the theories of negligence, strict liability, and failure to warn; for negligent misrepresentation; and for violations of the Consumer Product Safety Act. The District Court for the Eastern District of Missouri granted summary judgment in favor of DAP, and the plaintiff’s appeal summary judgment on their wrongful-death, failure-to-warn claim.

The Federal Hazardous Substances Act (FHSA) requires hazardous substances sold in interstate commerce and intended for household use to bear adequate cautionary labels. According to case precedent, a plaintiff may bring a failure-to-warn claim based on the theory that a product label failed to comply with the FHSA. However, also according to a court's previous decision, a plaintiff cannot bring a failure to warn suit based on a state law theory that the product’s label should have included warnings not required by the FHSA.

Continue reading "Eighth Circuit Court of Appeals Affirms Decision Concerning Wrongful Death from House Fire and Hazardous Materials' Labels" »

Everyone, including the Charleston auto accident lawyers, have noticed the extremely high price of gas these days. The cost of filling up is painful, and car makers in Detroit have been looking to ease the burden by putting out hybrid and electric vehicles. Cost effective vehicles like the Chevrolet Cruze, while easier on consumers' pocketbooks at the pump, have helped American auto makers get back into black figures after their bailout.

General Motors introduced the Cruze last October as an answer to the Toyota Corolla and other small car rivals. And with the price of gas rising almost 50 percent since the Cruze hit the market, the timing of the fuel-efficient compact's release could not have been better, and GM's bottom line shows it.

Last quarter GM, with lots of help from Cruze sales, boasted a profit of $3.2 billion. Sales of the Cruze topped more than 50,000 in the last quarter alone, helping the U.S. manufacturer gain a share in a market traditionally dominated by the Japanese.

Continue reading "General Motors Sees Big Profits In Last Quarter And Makes Responsible Recall of Their Big Money Maker" »

Our Charleston drug recall lawyers have noticed numerous advertisements on television asking viewers if they have been harmed by a variety of defective consumer products, primarily including asbestos exposure and pharmaceutical drugs. The aim of these ads is to reach out to the American Public, find individuals who have been injured from a product, and form a class action lawsuit against the producers of a product that has caused serious injuries and wrongful deaths. A class action, or a representative action, is a law suit in which a group of people collectively bring a claim against a defendant. The idea being there is strength in numbers when challenging major manufacturers of consumer products, think back to the tobacco litigation of the early and mid 1990s.

Just as an aside, there is a fantastic book that details the development of the class action suit against big tobacco entitled Civil Warriors, and authored by Dan Zegart. It does a superb job of showing the effectiveness of representative action as a means to provide injunctive relief. In the case of the tobacco industry, an example would be the requirement for cigarette makers to eliminate advertisements that attract kids to smoking, like the cartoon character, Joe Camel.

Currently there are a couple of pharmaceutical drugs that have gained national attention because of their harmful side effects to consumers, Topamax and Accutane.

Continue reading "South Carolina Personal Injury Lawyers Talk Major Medications and Class Actions" »

While the South Carolina personal injury attorneys have commented on auto collisions, motor cycle crashes, bicycle wrecks, and boating accidents, this is the first incident involving an all-terrain vehicle, or better known by its acronym as an ATV. Like all recreational vehicles ATVs can be extremely enjoyable to ride, but also like all motor vehicles, if not operated safely, they pose a threat of serious injury or death. Sadly, a Wadmalaw man learned this hard way when he lost control of his ATV and crashed into a tree.

Initially, Charleston County Sheriff’s Deputies who responded to the crash thought the 26-year-old operator of the vehicle may have had some sort of medical episode, which caused him to lose control prior to hitting the tree. After the wreck the man was conscious and alert and his injuries were not thought to have been life-threatening. However, these injuries eventually killed him the next day, according to the Charleston County Coroner’s Office.

The autopsy determined the 26-year-old died from blunt force trauma to his upper body. He wasn’t wearing a helmet at the time of the accident, but this fact had no significance in the Coroner’s examination, as the man didn’t suffer a head and/or brain injury.

Continue reading "Wadamalaw Man Crashes All-Terrain Vehicle, Dies The Next Day" »

Known to South Carolina personal injury lawyers, and the rest of the country for that matter, as the best-selling vehicle in America, the F-series pickup truck produced by Ford Motor Co., has come under pressure from regulators in Washington.

Last Wednesday, Ford announced it would recall 150,000 F-150 pickup trucks to repair air bags that could deploy without warning. The government contends a fraction of which should be called back and repaired. The recall covers trucks from the 2005-2006 model years in the United States and Canada, for what Ford calls a “relatively low risk” of the air bag inadvertently deploying.

By contrast, the government has urged Ford Motor Co. to recall 1.3 million F-150s from the 2004-2006 model years, citing 77 known injuries from accidental deployment of an air bar. The Continue reading "F-150 Recall, Danger of Inadvertent Air Bag Deployment " »

South Carolina defective product attorneys came across interesting bit of news from the the U.S. Consumer Product Safety Commission (CPSC) regarding a civil penalty imposed upon an office chair manufacturer. Raynor Marketing Ltd., of West Hempstead, New York reached an agreement that has been provisionally accepted by the CPSC to pay $390,00 in penalties. It was alleged Raynor Manufacturing Ltd. was aware of a defect in office chairs sold to consumers, as well as injuries, and failed to report this information immediately to the Commission as required by federal law.

Raynor Marketing Ltd. announced a recall of 150,000 office chairs in October 2009 because bolts attaching the seatback can loosen and detach, posing a fall and injury hazard to consumers. The chairs were sold exclusively through Office Depot stores nationwide and on the retailer's website, officedepot.com.

"Federal law requires manufacturers, distributors, and retailers to report to CPSC immediately (within 24 hours) after obtaining information reasonably supporting the conclusion that a product contains a defect which could create a substantial product hazard, creates an unreasonable risk of serious injury or death, or fails to comply with any consumer product safety rule or any other rule, regulation, standard, or ban enforced by CPSC."

Continue reading "Civil Penalty Imposed On Office Chair Producer" »

Charleston auto accident attorneys were sent the following case and felt it an excellent example of the difficulty in determining negligence in highly unpredictable circumstances. The Ford Motor Company, back in November, pleaded with the Illinois Supreme Court to overturn a large reward in the amount of $43 million granted in a Madison County verdict in 2005. The lawyers representing Ford argued that manufacturers of any goods would be subject to open-ended liability for many years to come if the ruling were allowed to stand, according to the Chicago Daily Law Bulletin.

The initial verdict came in Madison County Circuit Court and was upheld by the Fifth District Appellate Court before the case went to the Illinois Supreme Court. An Appellate Court Justice wrote, "we believe that the parties received a fair trial in this case." It goes without saying Ford disagreed with this opinion as the suit made its way to State Supreme Court.

The reason for the case came after the fuel tank exploded in a couple's 1993 Lincoln Town Car. The husband driving the Town Car was killed and the wife suffered severe burn injuries.

Continue reading "Big Auto-Maker Asks to Overturn a Big Award Verdict" »

This is the second of a two part post concerning guns and gun control in the United States. With the recent shooting that caused serious injuries and wrongful deaths in Arizona, gun regulations have come under scrutiny, but as mentioned in Part 1, scrutiny hardly materializes into legislative change. This all happens to come as major American gun manufacturer, Remingtion, has been investigated for defects reported in their 700-series rifle.

South Carolina wrongful death attorneys know the importance Remington has played in history as an iconic American gun manufacturer, they also know South Carolinians enjoy recreational hunting and can be seriously injured or killed by defective firearms.

A 10-month investigation by news source CNBC recently uncovered thousands of complaints and over 75 lawsuits against Remington for alleged unintentional discharges from the 700-series rifle. The Remington 700 is an extremely popular model with over 5 million units sold, yielding America's oldest company still producing its original products hundreds of millions of dollars in revenue over the last 60 years. Remington tags the Model 700-series as the "firearm of choice" for America's military and law enforcement communities.

Continue reading "Howell and Christmas, LLC On Guns: Part 2 of 2" »

In lieu of recent tragic events in Arizona, large arms manufacturer Remington coming "Underfire," and the reevaluation of gun laws in the United States, Charleston personal injury attorneys have decided to take a look at the "gun issue."

In regards to the Arizona shootings that caused serious brain injuries to democratic congresswoman Gabrielle Giffords after her being shot in the head, there is much debate as to whether tighter gun control will prevent similar incidents to the Tucson shooting that took six lives of the 19 shot by crazed, indicted gunman Jared Loughner. Now, two weeks after the shooting, Gifford is able to stand, but her rehabilitation is just starting. She will have to relearn to think and to plan, and it is uncertain at this point if she able to speak or how well she can see.

The shooting has left legislators ill at ease, some are concerned for their own safety and some are calling into question the relatively easy process of obtaining powerful assault rifles in the U.S. But, there are those on Capitol Hill who maintain their position that individuals are entitled to bear arms, as the second amendment puts it, and would describe mass shootings like the one in Tucson as an "isolated incident."

Continue reading "Howell and Christmas, LLC On Guns: Part 1 of 2" »

Considering there are many owners and drivers of BMW vehicles in the Charleston area, South Carolina auto accident attorneys wanted to pass on the announcement of two recalls in the German designed vehicles. The recall affects 150,800 autos and BMW of North America has notified government officials of the potential fuel pump failures in some of their models.

The defective product recall directly affects 130,000 of its 2007-2010 models that use their twin-turbo inline six-cylinder engines for the potential of their high-pressure fuel pump to fail. Separately the auto maker has recalled 20,800 of the 2008 model of their popular X5 crossover with the normally-aspirated inline six-cylinder to replace the low-pressure fuel pump.

According to BMW the high-pressure fuel pump issue can be simply fixed with a software update, but 40,000 of the vehicles are expected to need an entirely new pump. The specific models affected are the 2007-2010 335i, 2008-2010 135i, 535i, and X6, and the 2009-2010 Z4.

In the case of the 2008 X5 the problem can be more serious, if the fuel pump fails, the engine will stop running and the driver will lose power steering and power assistance for the brakes, although both will remain operational. The power steering and power brakes are still functional, but drivers do not have as much power as they are accustomed and that can be startling for some people.

Continue reading "Attention South Carolina BMW Owners, Recall for 150,800 Vehicles" »

South Carolinians who have received a DePuy Acetabular Cup System (ASR) hip replacement could require a replacement for their hip replacement at a higher rate than other types of implants. South Carolina defective products lawyers read information claiming the ASR can fail as soon as one year after initial replacement surgery. Failure can cause excruciating hip pain and may require additional surgery to replace the failed implant.

DePuy's ASR hip replacement has been recalled due to a growing number of patients with this particular replacement experiencing hip failures and other complications, allegedly stemming from the defective design of the implant. It has been suggested by orthopedic experts that because of the implant's design it has an extremely low probability of proper placement, making the failure rate for the ASR much higher than other types of hip replacements.

Also, because the ASR is a metal-on-metal hip implant there is the possibility of metal particles shedding into the body over time as the replacement wears down. This wear and tear could damage tissue and bone around the replacement causing a loosening of the hip. A recent study in the United Kingdom found that 3.4% of the 660 patients studied suffered from adverse reactions from metal debris shed from the ASR.

Continue reading "Look At DePuy Defective Hip Replacements" »