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February 2015 Archives

US District Court Approves $1,495,000 Settlement; Appoints Kristensen Weisberg, LLP as Class Counsel

 United States District Judge Dale S. Fischer issued an Order Granting Final Approval of a $1,495,000 class action settlement and appointing John P. Kristensen and David L. Weisberg of Kristensen Weisberg, LLP as Class Counsel.   The case involved claims of allegations of  robocalls violating the Telephone Consumer Protection ("TCPA") made by Mountain West Research Center, L.C.  A copy of the Order can be read here. If you received an unsolicited robocall, contact Kristensen Weisberg, LLP to see if you have a case.

UCLA Bacteria Victims Likely Have Claims

On Wednesday, February 18, 2015, the LA Times reported that a bacteria superbug, carbapenem-resistant Enterobacteriaceae, was linked to two deaths and up to 179 other possible exposures.   Hospital bacteria infections are growing concerns and can lead to the loss of life, severe illness and permanent repugnant injuries, including disfigurements.  The California Court of Appeals recently upheld a verdict against a surgery center for an infection caused by pseudomonas aeruginosa bacteria.  These are not novel claims. Kristensen Weisberg, LLP is currently prosecuting a claim against a Southern California hospital for an infection of a breast cancer survivor who contracted actinomyces meyeri.  In most bacterial infection cases, there will be medical malpractice claims against the providers and product liability claims against the manufacturer of any medical product in question. If you believed you contracted a dangerous bacteria at a hospital, contact Kristensen Weisberg, LLP today for a free consultation.  Due to UCLA being a government based hospital there are likely statutory claim requirements with much shorter statute of limitations than normal cases.

This Week in Recalls: Two Land Rover Brake Failure Recalls and Jeep Cherokee Unexpected Airbag Deployment Recall

We are starting a weekly report on automotive recalls announced by NHTSA the prior week. The report will highlight certain safety related recalls and will likely include those with the greatest population of affected vehicles. If a recall with a limited vehicle population piques our interests, we will bring it up. (We would love to address all recalls and have strongly supported greater disclosure of product defects to the public.) Land Rover Recalls 2006 to 2012 Land Rover Range Rovers Recall Last week saw Land Rover issue not one, but two recalls related to braking systems. In the first recall (15v-039) Land Rover warned that 74,648 of model year 2006 to 2012 Land Rover Range Rovers were subject to a poitential "loss of brake fluid as a result of rupturing of one or both of the front brake (flexi) hoses." The recall notice warned that the issue "could compromise vehicle braking and significantly increase the risk of a crash." (emphasis added.) Read the Part 573 Report here. Sounds like a serious problem. The devil is always in the details. This recall is no different. 49 CFR 573.6 mandates that manufacturers in the case of a defect, provide "a chronology of all principal events that were the basis for the determination that the defect related to motor vehicle safety, including a summary of all warranty claims, field or service reports, and other information, with their dates of receipt." Keep in mind, this recall was issued in early 2015 for 2006 to 2012 Land Rover Range Rovers, many of which are out of warranty. In November 2010 Land Rover started investigating the hoses after reports of brake fluid leaks. The crack team at Land Rover's Critical Concerns Review Group got their engineers to test the parts and "concluded at the time that this indicated no loss of integrity in the brake hose." After further review, including, but not limited to, analyzing warranty records, Land Rover closed its investigation on June 26, 2012. ON November 17, 2014, Land Rover received a report of an accident (notice Land Rover was completely silent regarding the details about the accident) and reports of more ruptured hoses. 15v-039 recall was issued two months later. Land Rover's chronology with its incredible explanation of the accident that lead to the recall of 75,000 vehicles can be read here: Report-Chronology. Certain 2014 Range Rover Sport and 2014 Land Rover Range Rovers Recall In a separate recall of certain 2014 Range Rover Sport and 2014 Land Rover Range Rovers, the manufacturer reported that vacuum hoses were subject to potentially improper routing leading to potential loss of vacuum assistance in braking (i.e.: good luck stopping!). AS of today, there was no publicly available 49 CFR 573.6(c)(6) report regarding how Land Rover learned about this defect.  Chrysler Recalls over 165,000 Jeep Cherokees (2014-2015) for potentially defective side curtain and seat air bag deployment during vehicle operation Chrysler announced a recall for 2014 and 2015 Jeep Cherokees that were subject to unexpected airbag deployment. Chrysler announced plans to re-flash (fancy term for software upgrade/rewrite) the occupant restraint control module software.

Case Results

Obtained a record $16 million fine against Toyota Motor Corporation after discovering that the auto giant misled the US government when it issued a safety recall in Japan, but not the United States.

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