South Carolina Personal Injury Law Blog

Commission to Strengthen Consumer Safety Regulations

The Consumer Product Safety Commission announced proposed plans last week to strengthen government regulation on products imported into the United States, to broaden safety standards across the board, and to impose stiffer penalties for ignoring safety rules. The proposed regulations follow widespread uproar over imports from China and other consumer safety issues. 

Source:  "Tougher Safety Rules Are Prepared for Imports" by Eric Lipton, published at The New York Times.

Settlement Reached in Defibrillator Lawsuit

The maker of a commonly used heart defibrillator has agreed to settle lawsuits filed by thousands of patients who claim they were not informed of potential defects. Parties involved in the cases announced the settlement just two weeks before the first trial involving the defibrillator was set to begin. The $195 million settlement will cover about 4,000 claims filed against the device’s manufacturer Boston Scientific. 

Source:  "Maker Settles Suit on Device for Hearts" by Barry Meirer, published in The New York Times.

Reported Side Effects From Avandia Sky Rocket

Reported side effects of the diabetes drug Avandia have tripled in the month since a study revealed a link between the drug and potentially deadly cardiovascular problems. According to experts, earlier side effects may have gone unreported because doctors were unaware that their patients’ heart problems could be related to Avandia use. 

Source:  "Diabetes Drug Side Effect Reports Triple" by Marilynn Marchione, published in The Washington Post.

Vioxx Plaintiff Accepts Settlement to Avoid Retrial

Facing a possible retrial, a South Carolina man chose to accept a $1.6 million from Merck & Co. after a trial judge overturned the original $51 million verdict.  The plaintiff alleged that Vioxx was to blame for a heart attack he suffered in 2002.  The judge found the original award to be excessive in light of the plaintiff’s successful recovery and a general lack of economic damages resulting from the heart attack. 

Source:  "Vioxx Plaintiff Takes $1.6M Rather Than Retry on Damages" published in the New Orleans Times-Picayune.

Judge Orders Pet Food Maker to Stop Contact with Plaintiffs

A federal judge has ordered a pet food manufacturer to cease contact with plaintiffs who have filed lawsuits against the company over alleged contamination of its products. Judge Noel Hillman has told Menu Foods, Inc. to turn over the names and bar admissions of the attorneys who advised the company that such communications were proper. The calls were made only one day after the judge instructed the company to stop communication with plaintiffs represented by counsel. 

Source:  "Judge Seethes Over Direct Contact of Represented Parties in Pet Food Case" by Lisa Brennan,  published at Law.com.

Toxic Torts

A toxic tort the legal term for the harm that results from wrongful exposure of a harmful chemical or biological substance through ingestion, inhalation, skin contact, or skin absorption. Examples of toxic tort litigation include but are not limited to cases concerning, lead paint (causes brain damage, especially in children), asbestos (causes lung cancer, restrictive lung disease), pesticides   (causes birth injuries), toxic molds (causes various symptoms), and electro-magnetic fields from utility wires or major appliances (suspected to cause cancer), and toxic landfill/spill waste (causes leukemia, and other syndromes).

Toxic substances are regulated under the Toxic Substances Control Act (TSCA). The TSCA was enacted in 1976 to give Environmental Protection Agency (EPA) the ability to track the 75,000 industrial chemicals currently produced or imported into the United States. The EPA repeatedly screens these chemicals and can require reporting or testing of those that may pose an environmental or human-health hazard. EPA can ban the manufacture and import of those chemicals that pose an unreasonable risk. Despite government efforts to protect your health, millions of people at home, at work, and during their leisure time are being exposed to and injured by toxic substances every day.

Due to the nature of toxic substance accidents and long latency periods, many cases are often not brought until many years after victims discover they were exposed to the toxins. Exposure to toxic substances is particularly harmful for industrial workers who may have been exposed to high levels of toxins over a long period of time. Exposure to toxic substances is also particularly harmful to children who are generally more sensitive to toxic agents and who have a greater likelihood of exposure as a result of play habits and behavior patterns.

It is rare for toxic exposure to affect just one person, especially in cases of environmental contamination. It is very common for groups of people who have all been exposed to the same toxin because of the same event (for instance, an accidental release of radiation from a nuclear power plant) or because of the same occupation (for instance, repeated exposure to dry cleaning fluid by people in the cleaning industry) to bring legal claims as a group in order to seek redress for wrongful toxic exposure. As a result, toxic tort cases are often brought as class actions.

There are many different legal theories, including negligence, premises liability, breach of warranty, misrepresentation, and strict products liability that are used to establish liability. Proving that a toxic substance has injured a person, however, requires hard work and experience.

At Stevens - MacPhail, P.A., we strive to obtain fair and just compensation for our clients' injuries.  Using our experience and the extensive resources available to us, we focus on achieving the best possible recovery for our clients.  In all matters involving personal injury it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to file a lawsuit prior to the deadline imposed by the statute of limitations.

If you or a loved one has been injured, you can call Stevens - MacPhail, P.A. at (800) 897-8856 or (864) 598-9172 or e-mail us to schedule a meeting.  The initial consultation is free of charge, and if we agree to accept your case, we work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds.  Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

More Kids Rolling to the Emergency Room from Wheeled Shoe Accidents

Wheeled sneakers, a popular trend among children, are landing a growing number of kids in the hospital, say doctors. According to the Consumer Product Safety Commission, one death and at least 64 roller-shoe-related injuries were reported to the agency between 2005 and 2006. The most popular brand of the shoe, Heelys, was recently named to the list of fastest growing companies by Business Week. 

Source: "Doctors Say Roller Shoes Injuring Kids" by Lindsay Tanner, published in The Washington Post.

Tainted Toothpaste Discovered in United States

The Food and Drug Administration advised consumers Friday to discard all toothpaste made in China after inspectors discovered toothpaste tainted with an industrial chemical in Miami, the Port of Los Angeles, and Puerto Rico. While there have been no reports of anyone being harmed by the toothpaste, FDA officials said the product posed a meaningful risk to children and persons with kidney or liver disease. In recent weeks, six other countries have discovered the toxic toothpaste within their borders. 

Source:  "Toxic Toothpaste Made in China Is Found in U.S." by Walt Bogdanich, published in The New York Times.

Statute of Limitations for Product Liability

In South Carolina, product liability suits brought under the theories of strict liability or negligence must be filed within three years after the cause of action occurred S.C. Ann. Code § 15-3-520. A "cause of action" does not occur until the plaintiff discovers or should have discovered that they were injured by the defendant's conduct. If you do not file a lawsuit within this time, you cannot sue.

If the lawsuit is based on contract law, as in the case of a breach of warranty, you must file it within three years after the cause of action occurred. S.C. Ann. Code § 15-3-520. Similar to strict liability and negligence cases, a "cause of action" here does not occur until the plaintiff discovers, or should have discovered, that there was a breach of contract. If you do not file a lawsuit within this time, you cannot sue.

In addition to typical statutes of limitations, state legislatures have also enacted special statutes of limitations for certain types of actions to put outside time limits on certain types of lawsuits. These are referred to as statutes of repose. Statutes of repose typically place an outside limit (usually 10, 15 or 20 years) on certain types of lawsuits, regardless of when the injury is discovered. In South Carolina, injured victims cannot file a product liability suit if the product was sold 6 years before the injury S.C. Ann. Code § 15-3-545. The legislative purpose behind this law is to prevent stale claims and increased insurance rates and promote new product development by manufacturers.

At Stevens - MacPhail, P.A., we strive to obtain fair and just compensation for our clients' injuries.  Using our experience and the extensive resources available to us, we focus on achieving the best possible recovery for our clients.  In all matters involving personal injury it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to file a lawsuit prior to the deadline imposed by the statute of limitations.

If you or a loved one has been injured, you can call Stevens - MacPhail, P.A. at (800) 897-8856 or (864) 598-9172 or e-mail us to schedule a meeting.  The initial consultation is free of charge, and if we agree to accept your case, we work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds.  Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

Side Effect of Acne Treatment Prompts Jury to Award Damages

Swiss drugmaker Roche Holding AG, the maker of the acne treatment Accutane, will be forced to pay an Alabama man $2.5 million, following a jury verdict this week. In the lawsuit, the plaintiff claimed that the drug’s maker failed to sufficiently warn consumers about the drug’s risk of causing inflammatory bowel disorder. Accutane has received more prominent attention in the past for side effects such as birth defects and increased suicidal behavior. 

Source:  "Jury Awards $2.5 mln in Roche Accutane Trial" by Jon Hurdle, published by Reuters.