San Diego Injury Law Blog

The New York Times has obtained a government report that concludes that the drug Avandia [aka Rosiglitazone], prescribed for diabetes, causes heart attacks and heart failure and should be removed from the market. According to the report, if every diabetic currently on Avandia were instead given Actos, an alternative drug, about 500 heart attacks and 300 cases of heart failure would be avoided every month.

Because of a multimillion dollar advertising blitz, Avandia was, at one time, one of the biggest selling drugs in the world. In 2006, sales of the drug totaled over $3 billion dollars. In 2007, however, a study by a Cleveland Clinic cardiologist suggested that the drug actually damaged the heart, and after a warning from the FDA, sales of the drug dropped dramatically. Despite the findings of heart damage, the drug stayed on the market when "an F.D.A. oversight board voted 8-7" too keep it on the market. (It would be interesting to know the politics at work behind that decision.)

“Rosiglitazone should be removed from the market,” concluded Dr. David Graham and Dr. Kate Gelperin of the FDA in the report obtained by the Times. GlaxoSmithKline, the drug's manufacturer, disagrees (of course). It has stated that Avandia has been thoroughly tested and that “scientific evidence simply does not establish that Avandia increases” the risk of heart attacks.

A bipartisan multiyear Senate investigation, which will release its report on Monday, will apparently harshly criticize GlaxoSmithKline for failing to warn patients years earlier that Avandia was potentially deadly. According to the forthcoming report from the Senate:

“[GlaxoSmithKline] executives attempted to intimidate independent physicians, focused on strategies to minimize or misrepresent findings that Avandia may increase cardiovascular risk, and sought ways to downplay findings that a competing drug might reduce cardiovascular risk.”

Ultimately, this will be a story about the quest for profits at the expense of human lives.

Source: New York Times

The lawyers at Walton Law Firm represent individuals throughout San Diego County who have been injured in all types of incidents, including product defect claims, malpractice claims, car accidents, motorcycle accidents, an all other negligence induced incidents. Call (760) 571-5500 for a free consultation.

There has been a lot of news lately about the Toyota recall, and specifically about the family that was killed in San Diego when the accelerator on their Lexus got stuck, causing them to barrel down the road at speeds in excess of 100 mph, and ultimately run a red light and clip a law abiding vehicle. What we haven't heard much about is the condition of the law-abiding driver. Yesterday the Union Tribune did a profile story about him.

Phillip Pretty has no real memory of the accident itself. All he remembers is turning left from SR-125 onto Mission Gorge Road, then getting hit by the white Lexus. "It was more or less lights out," he told the UT. He didn't learn that the family inside the Lexus was killed until he woke up in the hospital.

It's been over three months since the fatal car accident, but Mr. Pretty is still far away from a complete recovery. The impact left him with a serious concussion and memory loss, which he has been told may last awhile. He has difficulty with simple memory tasks such as remembering someone's name. He also suffered a knee injury, which may require surgery, preventing him from surfing or bicycling, activities he enjoyed before the accident.

Adding insult to injury, while Mr. Pretty had medical insurance, it wasn't enough to cover all of his medical expenses. As a delivery driver, he's not rich, so he has retained a personal injury lawyer to try to recover some of what he has lost. He hasn't decided whether to pursue a lawsuit, but he rightfully agrees that someone should be held accountable.

Source: San Diego Union Tribune

Walton Law Firm represents accident and injury victims throughout San Diego County and has recovered millions of dollars for individuals involved car accidents, pedestrian accidents, medical malpractice, motorcycle accidents, uninsured motorist claims, defective products, construction accidents, slip and fall injuries, dog bites, and insurance disputes. Call (760) 607-1325 for a free consultation.

More than seven years after a San Diego jury awarded Benetta Buell-Wilson $369 million against Ford Motor Co. it looks like she will finally get paid. Ms. Buell-Wilson suffered a severed spinal cord when the Ford Explorer she was driving overturned on I-8. The jury found that Ford failed to follow its own engineer's advice to widen the Explorer wheel track or lower its center of gravity because the safety improvements would have been too costly. Ford, the jury determined, knew its Explorer would roll easily but deliberately ignored the risk.

After the verdict, Ms. Buell-Wilson was subject to relentless appeals by Ford, who must have spent additional millions to try to get the verdict overturned. It had some success in getting the award reduced, but its final attack was an appeal to the U.S. Supreme Court, arguing that the punitive damages assessed against it ($246 million by the jury, reduced to $55 million afterward) were unconstitutional and illegal under California law. Yesterday, the U.S. Supreme Court refused to hear the case.

Dennis Schoville and Lou Arnell, two of San Diego's finest personal injury lawyers, believe Ms. Buell-Wilson may finally get some of the justice a jury believed she deserved. It’s been seven years since the verdict and she hasn’t seen a penny. Mr. Schoville told the San Diego Union Tribune, “It’s been a long haul, but this is the end of the line for Ford.”

Source: San Diego Union Tribune

Walton Law Firm represents individuals and families in cases in personal injury cases, including car accidents, pedestrian accidents, medical malpractice, motorcycle accidents, uninsured motorist claims, defective products, construction accidents, slip and fall injuries, dog bites, and insurance disputes. Call (760) 607-1325 for a free consultation.

The baby stroller maker Maclaren USA Inc. is recalling 1 million umbrella baby strollers after received reports of 12 children who have had fingertips amputated by side hinges. The Connecticut-based manufacturer has apparently been working with the Consumer Product Safety Commission on what is being called a "voluntary recall." (Click here for the CPSC notice.)

According to reports, the Maclaren USA has received reports of 15 injuries to children placing their fingers in the hinges on the side of the stroller. Those injuries have increased in the last two years.

The recalled strollers include all "Volo" and "Techno XT" models sold in the last 10 years. The company is asking that owners immediately stop using the strollers until protective covers are placed on the hinges. Maclaren will provide free hinge covers to all owners who request them. (Click here for more info.)

Here are images of the strollers being recalled:

The umbrella strollers are made in China, and sold in the U.S. at retailers including Babies “R” Us and Target.

Source: Bloomberg

The injury and accident attorneys at Walton Law Firm LLP represent individuals and families who have been injured in all types of accidents, including those caused by defective products. Call (866) 607-1325 for a free consultation.

A Montana jury awarded $850,000 in compensatory damages to the parents of an 18-year-old who died in 2003 in a baseball game. The teen, who was pitching, was hit in the head by a line drive hit with an aluminum bat. The family sued that bat's maker, Hillerich & Bradsby, for failing to place warnings on the bat informing users of the bat's potential dangers.

The manufacturer responded strongly to the verdict, stating that the bat was made in accordance with all approved standards, and contended that the same tragedy could have occurred with a wood bat. The verdict was "an indictment of the entire sport of baseball," a spokesperson said.

Notably, the jury found that the bat was not a defective product, but that the failure to adequately warn the users of the foreseeable risks made the product dangerous. According to reports, the judge is still considering an award of punitive damages.

This was not the first lawsuit against Hillerich & Bradsby. Last year, a 12-year-old boy sued the company after suffering brain damage when he was struck by a line drive. And in 2002, a teen age pitcher was hit in the head by a line drive and suffered severe head injuries.

Source: New York Times

Based in Carlsbad, California, the accident and injury lawyers at the Walton Law Firm represent individuals and families throughout San Diego County who have been injured in all types of auto accidents, motorcycle accidents, and all other accidents caused by negligent conduct. Call (866) 607-1325 for a free consultation.

The National Highway Safety Administration and Toyota Motors issued a warning today about potential dangers related to the floor mats possibly jamming accelerator pedals on almost 4 million Toyota cars. Toyota Motors and the agency, however, have known about the problem for more than two years.

Questions will no doubt arise about Toyota's awareness of the problem, after four people were killed in San Diego when the accelerator became stuck in a Lexus. This tragedy was blogged about here, and was a true tragedy, killing a husband and wife and their minor daughter.

According to reports, the NHSA began investigating the connection between floor mats and stuck accelerators after receiving five complaints from owners of the Lexus ES, model year 2007. That led to a 2007 recall of all-weather floor mats. Further investigation found that the design of the accelerator pedal allowed it to become easily entangled in the floor mat if the mat was not secured adequately. The research also disclosed that drivers were also likely to have difficulty shutting off the engine because Lexus uses a button instead of a key.

Source: New York Times

The Walton Law Firm represents individuals and families in the areas of personal injury, wrongful death, and nursing home abuse and neglect. Estate planning services are also available, including the creation or modification of wills and trusts. Call (760) 607-1325 for a free consultation.

Toyota Motor Sales USA has ordered mandatory inspection of all Toyota and Lexus vehicles after a fiery San Diego crash that killed four people. Earlier indications suggest that the accident may have been caused by a faulty floor mat that made the accelerator get stuck.

You may recall the accident that occurred two weeks ago (and blogged about here) involving Mark Saylor, an off-duty CHP officer who was driving with his family in a loaner Lexus when the accelerator became stuck. Saylor dramatically called 911 just prior the accident, a recording that has received a ton of national attention (and can be heard by clicking here).

As a result of the attention, Toyota has sent a letter to all of its dealers requiring inspections on all Toyota and Lexus cars, stating"

“We urge all other automakers, dealers, vehicle owners, and the independent service and car wash industries to assure that any floor mat, whether factory or aftermarket, is correct for the vehicle and properly installed and secured."

Investigators at the NHTS have said that the all-weather floor mat found in the wreckage of the Lexus suggest that it could have interfered with the accelerator. Notably, the rubber mat found in the vehicle was a couple of inches longer than the mat that belonged in the vehicle. If this is true, culpability may lie at the feet of Bob Baker Lexus in El Cajon, the source of the loaner vehicle.

It appears this case will be headed to litigation, as it should. Mr. Saylor died along with his wife, young daughter, and brother-in-law. We certainly hope the true cause of this tragic accident is discovered, and that justice is served.

Source: SignOnSanDiego

The San Diego injury and accident attorneys at Walton Law Firm LLP represent individuals and families who have been injured in all types of accidents, including those caused by defective products. Call (760) 607-1325 for a free consultation.

In what can only be describe as an unbelievable tragedy, an off-duty California Highway Patrol officer, his wife and daughter, and his brother-in-law were all killed yesterday when the accelerator on the Lexus they were in got stuck, preventing the car from stopping or slowing down. What makes this car accident tragically ironic is that the CHP officer who was killed, Mark Saylor of Chula Vista, was a safety officer, who inspected school buses, ambulances, tow trucks and armored vehicles.

According to reports, the Saylor family was traveling in the Lexus on northbound 125 at around 6:30 pm. Someone from the vehicle allegedly called 911 to report that the accelerator was stuck. Shortly thereafter, the Lexus – a 2009 ES 350 on loan from Bob Baker Lexus - then traveling at more than 100 mph, clipped the back of an SUV and veered of the road, went through a fence, then burst into flames.

At the time of the accident, Saylor was nearing his 20th anniversary with the CHP. "He was an outstanding officer who was well-respected by his peers," CHP Officer Brian Pennings said.

Investigators are trying to figure out what caused the accident, and if the allegations about the stuck accelerator are true. In 2007, Toyota Motor Corp. recalled more than 30,000 floor mats used when allegations were made that that the mats would slip forward and jam the accelerator. Could there be a connection?

Source: North County Times / San Diego Union

The San Diego accident and injury lawyers at Walton Law Firm LLP represent individuals and families who have been injured in all types of accidents. Call (866) 607-1325 for a free consultation.

A former lawyer for Toyota Motor Sales, USA, has alleged that the car company intentionally withheld evidence of its vehicles’ structural shortcomings in hundreds of injury and death cases arising from rollovers. Toyota counters that the former employ has an ax to grind, since he was fired for alleged misconduct on the job.

The information arises from a lawsuit filed by the former employee, attorney Dimitrios Biller, who claims that his complaints about the withholding of evidence cost him his job. The lawsuit must contain some damaging information as Toyota has brought a motion to seal the complaint, claim it contains confidential information.

Biller worked for Toyota from 2003 to 2007, and helped the car company defend rollover lawsuits that blamed the company for design defects involving instability and weak roofs. Most of the cases involve serious personal injuries or death. His complaint claims that Toyota refused to produce emails and other electronic data, which is required by the rules of discovery. Biller complained to his superiors, and alleges those complaints led to a "forced" resignation.

Here's the most interesting part: Biller was given a $3.7 million severance package. $3.7 million? That's quite a severance package for an in-house lawyer.

Source: CBS News

The San Diego accident and injury lawyers at Walton Law Firm LLP represent individuals injured or killed in car and motorcycle accidents, construction accidents, product defect cases, slip and falls, dog bites, and malpractice matters. Call (760) 607-1325 for a free consultation, or fill out an online contact form.

Six window covering companies, and their retailers, are recalling millions of window coverings after three children strangled to death on the cords that come with the product. The companies include Lewis Hyman, IKEA, Lutron, Pottery Barn Kids, and were sold at stores such as Target and Expo Design Centers.

Of the deaths, two were being attributed to roll up blinds manufactured by Lewis Hyman, Inc. of Carson, California, and the other to a window covering produced by Vertical Land Inc. of Florida. Those two companies have recalled almost 5 million window coverings. Millions of other companies have recalled their similar defective products as a precaution.

Because of the large numbers of blinds being used on windows nationwide, the U.S. Consumer Product Safety Commission initiated the recall effort for all "closed-loop or continuous loop window coverings" in the U.S. The closed loop coverings have been a concern for decades, and are attributed for at least 300 strangulation deaths involving children, many more deaths go unreported.

The U.S. Consumer Product Safety Commission is urging consumers to remove any closed-loop window coverings immediately, and to obtain a retrofit kit through the manufacturer. Such kits are free.

For more information about the recall, and how to contact the manufacturers, here's a link to the USCP website.

Source: LA Times

Walton Law Firm LLP represents individuals who have been harmed by defective and/or unsafe products. Please call (866) 607-1325 for a free and confidential consultation.

Almost three years ago, Jim Halverson of Danville suffered fatal injuries when his pool's two-piece kettle style filter exploded and struck him in the head. Since that time, his wife Sue has made it her mission to make sure this kind of terrible accident doesn't happen again.

Sue has started a website www.poolsafetyadvocates.org, to highlight and warn about the dangers of this particular pool filter, which is being used on hundreds of pools today. The Consumer Product Safety Commission, which tracks such explosion incidents, says that there have been at least 22 similar incidents since 1982, for of those resulting in death.

The two-piece pool filter at issue here is held together by a clamping system that critics say loosens over time. This creates a weakness between the filter pieces, creating a volatile danger when pressure builds.

"The original design is so dangerous," said Michael Workman, a North Carolina-based attorney, "(Manufacturers) would say it is easier to clean if you just have to take off the clamp."

Last November, Sue received an undisclosed settlement of a lawsuit against the pool filter manufacturer.

Walton Law Firm LLP represents individuals who have been harmed by defective and/or unsafe products. Please call for a free and confidential consultation.

The Federal Drug Administration (FDA) has announced that consumers should stop using Zicam nasal gel and swabs as they can permanently damage user's sense of smell. Zicam is a homeopathic cold remedy which is manufactured by Matrixx Initiative of Scottsdale, Arizona. The announcement does not cover other Zicam products such as their tablets and liquid forms.

Since 1999, when Zicam was first introduced to the market, the FDA has received 130 reports of users of Zicam losing their sense of smell. In 2006, Matrixx paid $12 to settle 340 lawsuits filed by consumers who alleged they had lost their sense of smell. That amounts to just over $35,000 per lawsuit. Hundreds more lawsuits have been filed since then.

According to scientists, Zicam contains zinc gluconate which is an acid. When users would inhale the product, the zinc gluconate would burn the olfactory receptors at the top of the nose causing a permanent loss of smell.

Matrixx denied that Zicam has caused any harm but has voluntarily withdrawn its Cold Remedy Swabs and Cold Remedy Gel from the market.

Walton Law Firm LLP represents individuals who have been harmed by defective and/or unsafe products. Walton Law Firm LLP has already represented one individual who lost her sense of smell from using Zicam. If you have suffered a loss of your sense of smell due to the use of Zicam Cold Remedy Swabs or Cold Remedy Gel, please call us for a free confidential consultation.

Assembly Bill 496 would require tire dealers in California to disclose the age of a tire before selling it, and informing consumers about the dangers of using older tires. It is easy to spot a worn and potentially dangerous tire, but what about the tire that looks brand new, but is actually many years old? Overtime, adhesives and the rubber used in tires will degrade, even if the tire is not used, greatly increasing the odds of tread separation, and thus an automobile accident. A new-looking tire can actually be very dangerous.

Take for example the story of Ramon Romero. When Romero went to get a new tire for his 12-year-old Ford Explorer, the dealer recommended he use his spare, which had never been used and looked perfect. Little did he know the rubber had become hard and brittle over time. Shortly thereafter, while traveling 65 miles an hour on the freeway near Temecula, Moreno's tire blew. The Explorer rolled, and his 10-year-old brother was ejected and killed.

The Consumer Attorneys of California is calling this bill one of the most important consumer protection bills in the state, and is urging consumers to contact their state representatives.

To read the latest version of the bill click here.

The family of a 6-year-old boy who was killed when a garage door closed on him as filed a wrongful death lawsuit against the manufacturer of the automatic door, as well as against the door's installer and the owners of the home where the boy was killed. According to newspaper articles, the boy was found by his 9-year-old brother pinned under the door, which authorities say caused the boy to die of "compressional asphyxia."

The lawsuit names Mid-America Door Co. and Sears, Roebuck & Co. alleging that the door's failures were caused by a defect in the product. The lawsuit alleges that the door was not equipped with a motion sensor, which has been required by the U.S. Consumer Product Safety Commission since 1992.

The family is devastated:

"I'm haunted by this every day, and if I would have known he was under the garage [door], then there's no way that I wouldn't have run to him," his mother said at a news conference. "I keep thinking that he was screaming and calling someone and no one was there to help him."

The injury and accident attorneys at Walton Law Firm LLP represent individuals and families throughout Southern California who have been injured in accidents, including injuries caused by defective products, car accidents, medical malpractice, motorcycle accidents and all other personal injury matters.

The U.S. Supreme Court dismissed an appeal by cigarette manufacturer Philip Morris to overturn a state verdict of $79.9 million awarded to the widow of a longtime smoker by an Oregon jury. Legal analysts believe the ruling may mark a shift in the court, who most consider to be decidedly "pro business" it its rulings.

The court's ruling ended a decade-long battle for Mayola Williams, the widow of Jess Williams, a Portland Oregon janitor and smoker who died of lung cancer. In the product liability lawsuit, the family argued that Jesse, who began smoking in the 1950s, believed that cigarettes would not harm his health because of representations made by the cigarette company. A state jury agreed, awarding Mayola over $800,000 in compensatory damages, and $79.5 million in punitive damages.

Organized business interests had hoped the high court would send a strong warning to state courts about excessive punitive awards, and clarify a constitutional limit, but that was not to be the case.

The accident and injury attorneys at Walton Law Firm LLP represent individuals who have been injured in automobile accidents, motorcycle accidents, insurance disputes, products liability cases and all other personal injury cases.

A Temecula boy who fell from a play structure at a local Burger King restaurant was awarded a $20 million settlement. Jacob Buckett, now 12, suffered a traumatic brain injury when he fell at a location in the play structure where there was no cushioned flooring. According to reports, the boy suffered damage to his parietal lobe, his left front lobe, and to his lungs when he fell.

Jacob was hospitalized for more than a month, which was followed by six weeks at a rehabilitation facility. Due to the size of the personal injury settlement, it is very likely that Jacob suffered permanent brain damage that will require attention for the long term.

Several defendants were named in the lawsuit arising from the accident, including the franchisee, the parent company, and the company that installed the playground equipment. It is unclear whether one defendant or all contributed to the settlement.

The Temecula injury lawyers at Walton Law Firm LLP represent accident victims throughout Southern California in cases of personal injury and wrongful death.

An electrical water heater exploded yesterday in a Rancho Santa Margarita plastics factory, killing two employees and injuring two others. The men killed, Isidro Echeverria of Oceanside and Jose Jimenez of Garden Grove, were working the night shift at Solus Industrial Innovations when the blast occurred.

Investigators are trying to determine what caused the explosion, which was so forceful it buckled walls and blew chunks of concrete into the air.

Attorney Randy Walton was involved in a very similar explosion case five years ago when a water heater exploded in a San Diego County factory and seriously injured two employees. A lawsuit was filed against the water heater manufacturer for designing and manufacturing a defective product, as well as against a propane distributor for its contribution to the accident.

It is very likely that OSHA investigators will determine what caused this Orange County accident, which will likely be related to the design, manufacture, instillation or maintenance of the water heater.

The personal injury and wrongful death lawyers at Walton Law Firm LLP represent individuals and families throughout Southern California who have suffered due to automobile accidents, work site accidents, defective products, spinal and brain injuries, dog bites, and other accident cases. Call (866) 607-1325 for a free and confidential consultation.

Last week, the FDA issued a warning that it is investigating the link between the psoriasis drug Raptiva and a rare brain infection called progressive multifocal leukoencephalopathy. The people are known to have died from the disease, and a fourth is suspected.

Raptiva (efalizumab) was approved by the FDA for the treatment of psoriasis, a chronic skin condition causing skin pain, itching and bleeding. The known victims had been taking the drug for more than three years.

When the drug was approved, the FDA required a series of warnings, including opportunistic infections, including sepsis and viral meningitis. While not listed, progressive multifocal leukoencephalopathy is considered an opportunistic infection most frequently associated with compromised immune systems as a result of cancer treatments or AIDS.

The FDA warning can be found here.

Mission Viejo, CA - Orange County authorities are investigating the death of 4-year-old Kayley Ishii who died in her home after climbing into a front-loading washing machine that was turned on by her 1-year-old brother. According to news reports, the little girl was inside the water-filled machine for approximately two minutes before she was found by her mother. She was transported to Mission Hospital Regional Medical Center where she later died.

This terrible tragedy is quickly gaining worldwide attention. Not simply because it is a monumental tragedy, but because of the circumstances. How could her 15-month-old brother have turned on the machine? There are conflicting reports, but the on/off button was apparently only 15-20 inches above ground. If it is true that the switch for turning the machine on is at a place where a toddler could reach it does that make the washing machine a defective product?

California law will hold a manufacture strictly liable for injuries caused by a product, if the product injures someone while being used as intended or in a reasonably foreseeable manner, it was defective when sold, and the defect caused the injury. If that is proven, the manufacturer has few defenses. Here, the manufacturer would argue that while it may be foreseeable a child would climb inside the machine, it was not foreseeable that another child would be present to turn the machine on. The manufacturer would also content that the parents bear some responsibility for the failure to monitor the children.

The parents, of course, would ask the question that many people are asking today: How could it be so easy for a 15-month-old child to turn on a machine that is known to be dangerous to children? There is no doubt this questions will be answered in the courts.

The law firm of Walton Law Firm LLP represent individuals and families throughout Southern California who have been impacted by negligence related accidents, defective products, food poisoning, spinal and brain injuries, construction accidents, dog bites, and other personal injury cases.

The potential source of the salmonella outbreak that has sickened individuals in at least 42 states has been identified as King Nut peanut butter. Health officials in Minnesota said salmonella bacteria were found in a tub of peanut butter that was distributed to schools and hospitals.

King Nut, based in Ohio, has issued a voluntary recall of all brands of peanut butter distributed under its label, which is not sold directly to consumers but primarily to food service accounts. To date, 399 Americans have been sickened by a strain of bacteria known as Salmonella Typhimurium, which is often found in uncooked eggs and meat.

Symptoms caused by salmonella are usually diarrhea, abdominal pain, and a fever, beginning 12 to 72 hours after contact with the bacterial. Severe cases can arise in people with weakened immune symptoms, as well as children and the elderly. That's what's particularly concerning about this outbreak; that the source may be associated with a peanut butter that was distributed to hospitals and schools.

Individuals who suspect a salmonella case may be attributed to peanut butter or other food product, call the attorneys at Walton Law Firm LLP for a free consultation about whether there may be any legal remedies available.

UPDATE (1/15): Kellogg has instructed stores to stop selling its Keebler and Austin brand crackers after health officials reported two more deaths in the salmonella outbreak linked to peanut butter. Kellogg has said it is removing the crackers as a precautionary measure when it learned that one if its suppliers Peanut Corp. of America was recalling all of its peanut butter made at a Georgia plant. It is being reported that the outbreak has now sickened at least 430 people nationwide in 43 states, with at least 55 reported cases in California.

UPDATE II (1/27): The NY Times is reporting that the Georgia plant suspected as the source of the national Salmonella outbreak had a history of sanitation lapses and other cleanliness violations. The plant is owned by the Peanut Corporation of America has been shut down. To read more click here.

Attorneys Randy Walton and Scott Barber represent individuals who have been impacted by accidents, defective products, food poisoning, spinal and brain injuries, construction accidents, dog bites, and other cases involving negligence.

An Oceanside construction worker suffered serious burn injuries yesterday when a can filled with gasoline exploded as he was attempting to fill the tank of a chainsaw. According to reports, the 35-year-old worker suffered severe burns over 50% of his legs and was taken by helicopter to UCSD Medical Center.

The incident occurred at Martin Luther King Jr. Park on Mesa Drive where a construction crew is building a skate park. It appears that fumes from the chainsaw ignited fumes coming from the gas can. Cal-OSHA is investigating.

Safely filling a chainsaw usually requires using an approved container, depending the brand of the saw. Such a container would limit the amount of fumes or spillage that could occur when filling the tank, thus limiting the chance of ignition. That is a questions OSHA will no doubt answer.

Walton Law Firm LLP has represented burn victims in product liability cases involving explosion, the most recent involving an accident where a propane tank exploded during refilling. Burn injuries, of course, are some of the most serious and damaging injures a human can experience, and require extensive and long-term medical care.

While we expect spice when we bite into a jalapeno, we certainly don't expect salmonella food poisoning. However, the FDA announced yesterday that a jalapeno pepper from Mexico and imported through Texas have tested positive for the same strain of the salmonella virus that has sickened thousands and killed two across the United States.

Although the FDA has not yet determined the source of the outbreak, they are currently recommending that consumers avoid eating fresh jalapeno peppers or products, such as salsa, made with them. That's of little comfort to me, and many others I suspect, as I've eaten a lot of salsa in the past couple of weeks.

The California Supreme Court handed down its opinion (.pdf) in the case of Johnson v. American Standard, Inc. affirming the principle that the "sophisticated user" doctrine is a valid defense under California law. Federal courts have long held that a sophisticated user of a product does not need to be warned of the products potential to cause harm.

Generally, under California law a manufacturer has a duty to warn users of its products about the potential risks or harm caused by the use of the product. In Johnson, the Defendant argued was not required to warn the Plaintiff, a heating and air-conditioning technician, of the risks of using R-22, a gas used in air conditioners units. The Defendant contended that because Mr. Johnson was a sophisticated user, i.e. he worked in the industry and was well-aware, due to his training and experience, of the risks associated with R-22, that they had no duty to provide him with any warnings.

The trial court agreed with the Defendant’s reasoning, and granted its motion for summary judgment. After appeal, the Court of Appeal affirmed, which led to the Supreme Court’s recent decision in the case. Now, the "sophisticated user" doctrine is part of California law.