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	<title>DWKM&#38;R Blog &#187; Product Liability</title>
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		<title>Mitsubishi to pay $11 million for SUV death</title>
		<link>http://dwklaw.com/blog/2008/02/27/mitsubishi-to-pay-11-million-for-suv-death/</link>
		<comments>http://dwklaw.com/blog/2008/02/27/mitsubishi-to-pay-11-million-for-suv-death/#comments</comments>
		<pubDate>Wed, 27 Feb 2008 19:58:59 +0000</pubDate>
		<dc:creator>Samuel King</dc:creator>
				<category><![CDATA[Business Torts]]></category>
		<category><![CDATA[Car Accidents]]></category>
		<category><![CDATA[Personal Injury]]></category>
		<category><![CDATA[Product Liability]]></category>
		<category><![CDATA[Wrongful Death]]></category>

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		<description><![CDATA[A Florida jury has ordered Mitsubishi to pay $11 million in compensatory damages to the parents of a 25-year-old man who died after being partially ejected from a 2000 Montero SUV.  Attorneys for Donna and Peter Laliberte argued that Mitsubishi knew about seat belt problems with its SUV model and released a newer version [...]]]></description>
			<content:encoded><![CDATA[<p>A Florida jury has ordered Mitsubishi to pay $11 million in compensatory damages to the parents of a 25-year-old man who died after being partially ejected from a 2000 Montero SUV.  Attorneys for Donna and Peter Laliberte argued that Mitsubishi knew about seat belt problems with its SUV model and released a newer version of the vehicle halfway through the model year to correct the flaws, but never told customers about the defect in the earlier model.</p>
<p>This is a classic example of the auto industry covering up a known defect in the hopes that it would not be discovered.  Unfortunately, this unreported defect <a href="http://www.dwklaw.com/pa-wrongful-death.shtml">took the life of a young man</a> and left loving parents mourning the death of their son.</p>
<p>Government agencies do not have the money or manpower needed to effectively police the U.S. auto industry.  As a result, dangerous vehicles are allowed to enter the marketplace.  In this case, the vehicle had done poorly on crash tests yet was allowed to go on the market.  Then, Mitsubishi replaced the model halfway through the year without communicating the defect to the thousands of people who owned the earlier model.  Product liability cases such as this are the only way to force the auto industry to change.</p>
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		<title>Medical Devices Immune From Personal Injury Lawsuits, Supreme Court Rules</title>
		<link>http://dwklaw.com/blog/2008/02/21/medical-devices-immune-from-personal-injury-lawsuits-supreme-court-rules/</link>
		<comments>http://dwklaw.com/blog/2008/02/21/medical-devices-immune-from-personal-injury-lawsuits-supreme-court-rules/#comments</comments>
		<pubDate>Thu, 21 Feb 2008 15:47:20 +0000</pubDate>
		<dc:creator>Anthony Sos</dc:creator>
				<category><![CDATA[Legal Industry News]]></category>
		<category><![CDATA[Personal Injury]]></category>
		<category><![CDATA[Product Liability]]></category>

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		<description><![CDATA[The U.S. Supreme Court has ruled that medical device makers are protected from personal injury lawsuits, so long as the Food and Drug Administration approved the device before it was marketed and it meets the agency&#8217;s specifications, The New York Times reports.  The types of devices that have been subject of lawsuits in the [...]]]></description>
			<content:encoded><![CDATA[<p>The U.S. Supreme Court has ruled that medical device makers are protected from personal injury lawsuits, so long as the Food and Drug Administration approved the device before it was marketed and it meets the agency&#8217;s specifications, <a href="http://www.nytimes.com/2008/02/21/washington/21device.html?ex=1204261200&#038;en=9306ecc307f4da42&#038;ei=5070&#038;emc=eta1 ">The New York Times</a> reports.  The types of devices that have been subject of lawsuits in the past include an implantable defibrillator, a heart pump, an artificial heart valve and prosthetic hips and knees.</p>
<p>This is an unfortunate decision for American consumers.  Total immunity is the last thing you want to give corporate giants with deep pockets.  Our legal system is designed to hold people and corporations accountable for their wrongdoings.  The Court&#8217;s decision has created a slippery slope toward eroding our fundamental and necessary system of checks and balances.</p>
<p>I fear this decision will only motivate large corporations to politicize the FDA by seeking approval of known dangerous medical devices in order to get immunity from personal injury lawsuits.  I also predict that pharmaceutical corporations will soon petition the courts for a more expansive interpretation of this decision to include corporate immunity from personal injury lawsuits derived from prescription drug injuries or deaths.  History has shown that the FDA does not always approve safe drugs.</p>
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