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San Francisco Personal Injury Law Blog

Compounding pharmacies could be responsible for product liability

Compounding pharmacies provide customized prescription medications for patients who are unable to take conventional versions that are produced on large scales. It is understandable that California patients might be under the impression that these compounding pharmacies are as closely monitored as other manufacturers, but the U.S. Food and Drug Administration does not require these pharmacies to adhere to several of the labeling and manufacturing requirements imposed on typical drug makers. This lack of oversight can lead to serious drug injuries that can be compensated by product liability suits.

Patients who use compounded drugs often do so for a variety of reasons. A patient might have a serious allergy to a typical drug component or have difficulty swallowing a pill and need an alternative liquid version instead. These unique needs are understandable, but while the FDA acknowledges that there is an increased risk of these compounded drugs, these pharmacies are not required to report any type of adverse drug reactions.

Injured California consumers may file product liability claims

California consumers have the reasonable right to expect that the products they purchase and use will operate or perform safely and accurately. Product users often refer to package labels to obtain important information or needed instructions before using their wares. Grounds for a product liability claim may exist when a person is injured or made ill through normal use of a purchased product.

Large corporations tend to fight vigorously against any claim filed against them. This is one of many reasons it is advisable to seek immediate and experienced counsel from a personal injury attorney before addressing such matters in court. A seasoned attorney may be able to secure a successful settlement or verdict, obtaining the maximum amount of compensation available for damages.

Deadly car accident sends pedestrian through windshield

A California woman is in police custody for what they say was a grizzly act of negligence behind the wheel. She is currently facing multiple charges for driving under the influence and for striking a pedestrian with her vehicle. The pedestrian-related car accident ultimately had a tragic ending.

Police believe the 29-year-old driver had spent the night bar hopping before getting behind the wheel of her vehicle and driving toward her home. Before she actually reached her house, she struck a man crossing the street. The vehicle's exact speed at the time of impact is not currently known, but the woman was traveling fast enough to cause the man's body to fully penetrate the windshield and strike the passenger's seat; his leg was severed in the process and ended up on the car's trunk. 

Personal injury compensation still possible after hit-and-run

A hit-and-run accident has California police searching for the driver who sent one woman to the hospital. The victim -- a wheelchair-bound woman -- was hospitalized after the auto-pedestrian wreck left her with severe injuries. Despite what many people believe, it is still possible for victims of hit-and-run accidents to recover compensation for a personal injury even in the event that the liable driver is not found.

The accident occurred around midday when the pedestrian was struck without warning by a passing vehicle. Police did not indicate if the victim was crossing an intersection or traveling alongside the road, only that the vehicle was northbound at the time. The driver then failed to stop and render aid, and instead drove off, leaving the victim behind.

Anton Yelchin's death could result in product liability suit

Anton Yelchin rose to stardom in the 2009 film "Star Trek," and fans were devastated to learn of the actor's recent death in California. Yelchin was killed by his own vehicle. His death has raised serious concerns regarding his vehicle -- a Chrysler Jeep -- that was recalled because of a serious design flaw with the transmission. It's also possible that Chrysler could soon face an onslaught of product liability claims regarding its defective vehicles.

Yelchin was not actually in his vehicle at the time of his death, although he had been just prior. After exiting and walking away, the vehicle then rolled down the driveway, struck Yelchin and left him pinned between the vehicle and a brick mailbox. His exact cause of death was listed as asphyxia from blunt force.

New information could help product liability suits for e-cigs

For California consumers, making informed purchasing decisions relies on access to public information to product safety. The Food and Drug Administration just made a decision that will make it easier for consumers to report defective e-cigarettes, a process that was previously more complicated. These new rules could also make it easier for injury victims to bring product liability suits against manufacturers of these types of tobacco products.

This is not the FDA's first attempt to regulate e-cigarettes and vape products, but its most recent action proved to be more successful than its 2014 attempt. In May 2016, the FDA effectively banned the sale of e-cigs to individuals under the age of 18. The FDA's director at the Center for Tobacco Products noted that there is currently no safe tobacco product acknowledged by the agency.

Driver believed to be responsible for fatal car accident arrested

Police in California arrested a woman believed to be responsible for a fatal hit-and-run accident. The car accident left a beloved teacher and member of the community dead, and the driver's quick getaway did not provide any closure for the family. The driver apparently went to great lengths to conceal her true identity from police.

In April 2016, a high school music teacher crossed the road at an intersection. Although he had the right of way, a black vehicle entered the intersection against a red light and struck the man before leaving him for dead. The teacher suffered catastrophic injuries that led to his death, which came a week after the wreck.

Tommee Tippee could be hit with product liability suits

Parents are often inundated with products and advice long before their first child is ever actually born. Most do their best to make sure that they only use safe and non-toxic products for their child's bedding, meals and bath, but even popular items can be the cause of serious problems. Some of the widely-used Tommee Tippee sippy cups were blamed for dozens of kids' illnesses after they were found to harbor mold, which could possibly lead to an onslaught of product liability lawsuits.

The affected cups use a spill-proof valve that can appear to be clean even as black mold continues to multiply inside of it. While mold is typically not associated with fatalities, it can cause severe gastrointestinal and respiratory infections in otherwise healthy California children. Immunocompromised children or those with special needs and pre-existing conditions might be even more susceptible to complications related to these infections. A 2004 study also linked mold exposure to exacerbated asthma symptoms and even hypersensitivity pneumonitis for certain individuals.

Takata expands air bag recall, product liability suits likely

Revolutionary technology has helped create the safest motor vehicles ever manufactured. From the introduction of seat belts to side air bags, most people in California have a fairly good chance of surviving car accidents. However, defective or flawed features greatly reduce the chance of survival, making safety and quality checks a necessary aspect of the manufacturing process. Those affected by defective products -- such as recently recalled Takata air bags -- can typically seek to recover damages through product liability suits filed against manufacturers, which are sometimes consolidated into class action lawsuits.

A defect in the Takata air bags propelled by ammonium nitrate can result in an explosion when the bag is triggered. The explosions are known to shoot out shrapnel, and they have been determined to be the cause of injuries in over 100 different incidents. A total of 21 deaths have been attributed to the defective air bags, 10 of which occurred in the United States. The most recent victim was a 17-year-old driver who was killed by the air bag after crashing her vehicle.

Motorcycle accident sends California officer to hospital

California police departments often utilize both police cruisers and motorcycles in order to patrol streets and respond to emergency or criminal situations. Sadly, a recent motorcycle accident sent a police officer to the hospital. Authorities are currently still investigating the exact cause of the wreck, and no criminal charges have been filed yet.

Shortly after noon, a police officer on a motorcycle was en route to an unspecified location on an official police call. Both the sirens and lights were reportedly on as he traveled northbound. At that time, an Uber driver was also traveling on the same road, although that vehicle was southbound. The Uber vehicle was also carrying a passenger at the time.

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