The Verdict - The Lombardi Law Firm Blog
Here at the Lombardi Law Firm we add blog content that is personal to those involved in accidents. We write this way so you have an understanding of how we think and handle cases - your case. We invite you to call us if you think we can help you resolve your legal problems. We settle most of our cases, because we do the basic legal work necessary to understand the facts of your case. We offer on our website, relevant and concise information that you will be helpful to you as you get ready to settle or to try your case.
We can and will do the same for you. That's my promise. So call us today!
Steve Lombardi, 515-222-1110 or sdlombardi@aol.com
Yamaha's Rhino unsafe and recalled, in Iowa
Yamaha Motor Corp. issued a recall of more than 120,000 Yahama Rhino ATVs today. All Rhino 450 and 660 model vehicles are being recalled for repairs intended to prevent accidents that have resulted in 46 confirmed deaths and hundreds of injuries. These Yamaha Rhinos suffer from inherent design flaws that make them unstable and susceptible to low-speed rollovers.
We handle these types of claims for people in Iowa who have been injured as a result of riding on a Rhino ATV. Call us if you have questions or need representation.
NEWS from CPSC
U.S. Consumer Product Safety Commission
Office of Information and Public Affairs Washington, DC 20207
FOR IMMEDIATE RELEASE
March 31, 2009
Release #09-172 CPSC
Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908
Yamaha Motor Corp. Offers Free Repair For 450 and 660 Model Rhino Vehicles CPSC advises consumers not to use the off-road vehicles until repaired
WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission (CPSC), in cooperation with Yamaha Motor Corp. U.S.A., of Cypress, Calif., is announcing a free repair program to address safety issues with all Rhino 450 and 660 model off-highway recreational vehicles. Yamaha has also agreed to voluntarily suspend sale of these models immediately until repaired. Consumers should immediately stop using these popular recreational vehicles until the repair is installed by a dealer.
CPSC staff has investigated more than 50 incidents involving 46 driver and passenger deaths in these two Rhino models. More than two-thirds of the cases involved rollovers and many involved unbelted occupants. Of the rollover-related deaths and hundreds of reported injuries, some of which were serious, many appear to involve turns at relatively low speeds and on level terrain.
About 120,000 of the 450 and 660 model Rhinos have been distributed nationwide since Fall 2003. Some units have been equipped by Yamaha with half doors and additional passenger handholds, either before or after sale.
Yamaha's repair includes the installation of a spacer on the rear wheels as well as the removal of the rear anti-sway bar to help reduce the chance of rollover and improve vehicle handling, and continued installation of half doors and additional passenger handholds where these features have not been previously installed to help keep occupants' arms and legs inside the vehicle during a rollover and reduce injuries. Owners of the affected Rhinos should stop using them and call their dealer to schedule an appointment to have repairs made once they are available and to take advantage of a free helmet offer.
Once these repairs have been made to their vehicles, Rhino users should always wear their helmet and seatbelt and follow the safety instructions and warnings in the on-product labels, owner's manuals and other safety materials. The Rhino is only recommended for operators 16 and older with a valid driver's license. All passengers must be tall enough to place both feet on the floorboard with their back against the seat back.
For additional information, contact Yamaha at 800-962-7926 anytime.
Yamaha Motor Corp. Offers Free Repair For 450, 660, and 700 Model Rhino Vehicles
CPSC advises consumers not to use the off-road vehicles until repaired
WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission (CPSC), in cooperation with Yamaha Motor Corp. U.S.A., of Cypress, Calif., is announcing a free repair program to address safety issues with all Rhino 450, 660, and 700 model off-highway recreational vehicles. Yamaha has also agreed to voluntarily suspend sale of these models immediately until repaired. Consumers should immediately stop using these popular recreational vehicles until the repair is installed by a dealer.
CPSC staff has investigated more than 50 incidents involving 46 driver and passenger deaths in these two Rhino models. More than two-thirds of the cases involved rollovers and many involved unbelted occupants. Of the rollover-related deaths and hundreds of reported injuries, some of which were serious, many appear to involve turns at relatively low speeds and on level terrain.
About 120,000 of the 450 and 660 model Rhinos have been distributed nationwide since Fall 2003. Some units have been equipped by Yamaha with half doors and additional passenger handholds, either before or after sale.
Yamaha’s repair includes the installation of a spacer on the rear wheels as well as the removal of the rear anti-sway bar to help reduce the chance of rollover and improve vehicle handling, and continued installation of half doors and additional passenger handholds where these features have not been previously installed to help keep occupants’ arms and legs inside the vehicle during a rollover and reduce injuries. Owners of the affected Rhinos should stop using them and call their dealer to schedule an appointment to have repairs made once they are available and to take advantage of a free helmet offer.
Yamaha is also voluntarily implementing the same repair program and suspension of sale for the Rhino 700 model, in order to ensure customer satisfaction. Consumers should stop riding the 700 model until it is repaired. About 25,000 Rhino 700s are part of this repair program.
Once these repairs have been made to their vehicles, Rhino users should always wear their helmet and seatbelt and follow the safety instructions and warnings in the on-product labels, owner’s manuals and other safety materials. The Rhino is only recommended for operators 16 and older with a valid driver’s license. All passengers must be tall enough to place both feet on the floorboard with their back against the seat back.
For additional information, contact Yamaha at 800-962-7926 anytime, or visit the firm’s Web site at www.yamaha-motor.com
Iowa Legislature considers whether it can trust Iowans
In Iowa consumers can’t sue companies under Iowa’s anti-fraud act; only the A.G. can. Iowa’s policy is not to trust its own citizens to know when a manufacturer should be sued. Instead Iowa law treats manufacturer’s as if they were royalty, perhaps because of how the legislature feels about campaign contributions from the manufacturing sector. Too dumb, not royal enough or just a campaign money issue; whatever camp you’re in, this legislature is giving it another look-see.
Pamela Dowd thought she was buying a high-efficiency furnace; instead she bough four-years of aggravation and legal wrangling. AARP backed the Attorney General’s proposal to allow Iowan’s the right to sue, but the blue suits carrying briefcases full of promised campaign contributions posed a formidable opponent.
“To defuse the opposition from business interests, the measure this year exempts many businesses and professions from the law. On Wednesday, that effort didn't appear to work as business lobbyists jammed the hearing room. Jim Carney, a Des Moines lobbyist representing cable television interests, said many communications companies were exempted, but cable didn't make the list. "They exempt telephones and utilities, but they don't exempt cable," said Carney.
The effort has drawn a strong advocate, however, with AARP backing the proposal. The organization represents politically powerful senior citizens, who AARP spokeswoman Ann Black said have a special interest in the legislation.”
The Iowa Attorney General’s Consumer Fraud Division Iowa Consumer Fraud Act
Code of Iowa (Iowa Section 714.16) Prohibits unfair and deceptive trade practices in the sale, lease, or advertisement of a product or service, and in the solicitation of charitable contributions. Authorizes the Attorney General to issue subpoenas, hold hearings, adopt administrative rules, and file lawsuits to obtain temporary and permanent injunctive relief, consumer reimbursement, costs and attorney fees, and civil penalties up to $40,000 per violation.
Don’t hold your breath for change, because even in Iowa the moneyed interests usually win out over common sense.
Unsafe Products - Transvaginal Placement of Surgical Mesh
FDA informed healthcare professionals of serious complications associated with transvaginal placement of surgical mesh in repair of pelvic organ prolapse (POP) and stress urinary incontinence (SUI). Over the past three years, FDA has received over 1,000 reports from nine surgical mesh manufacturers of complications that were associated with surgical mesh devices used to repair POP and SUI. The most frequent complications included erosion through vaginal epithelium, infection, pain, urinary problems, and recurrence of prolapse and/or incontinence. There were also reports of bowel, bladder, and blood vessel perforation during insertion. In some cases, vaginal scarring and mesh erosion led to a significant decrease in patient quality of life due to discomfort and pain, including dyspareunia. FDA provided recommended actions for both physicians and patients to reduce the risks.
Read the entire 2008 MedWatch Safety Summary, including a link to the FDA Public Health Notification regarding the above issue at: http://www.fda.gov/medwatch/safety/2008/safety08.htm#Mesh