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The New England Compounding Center (NECC) has been subject to intense public scrutiny in recent months and faces legal liability as a result of negligent practices that led to an outbreak of meningitis.

The job of NECC was to produce a compound steroid drug, which was sent throughout the United States and administered to the public. Unfortunately, NECC failed to follow sterilization procedures and failed to ensure that their steroids would pass sterility tests before sending the steroids to hundreds of medical facilities nationwide. The steroids were contaminated and when injected into people’s spines to treat pain, they cause an outbreak of meningitis. 492716_various_syringes_with_colorcodes_4.jpg

The outbreak was a devastating one, with 656 cases so far across 19 states. The outbreak also left 39 people dead as a result of contracting meningitis. NECC had to shut its doors and cease operation because of the dangerous product they released onto the market and they are now being sued by those who were injured or by the families of those who were injured.

The NECC case, however, is not over yet. Our Boston injury attorneys have updates.

NECC Trying to Hold Cleaners Responsible
According to CNN, NECC has stated that it intends to establish a fund to provide compensation to those impacted by the meningitis outbreak. Both injured victims and the family members of people killed by the meningitis will be able to recover compensation from the fund.

However, NECC does not want to bear the financial losses all by themselves. CNN reports that NECC claims the cleaning contractor responsible for cleaning their facility should also be held responsible and should share the blame for the meningitis outbreak. If this is the case, then the cleaning company could also be the subject of lawsuits.

Since NECC has declared bankruptcy, if the cleaning company is to blame, this would be helpful to injured victims of the meningitis outbreak who could file an independent action against the cleaning company rather than dealing with the bankruptcy court in order to take action against NECC.

The cleaning company, however, denies that it has any responsibility for what occurred. The company provides only once-a-month service. Since their job is to clean and NECC was the company responsible for the actual production of the compound steroid, it might be a stretch to assert that the cleaner was really at fault.

New Laws Aim to Prevent Further Outbreaks
As NECC and those injured by the outbreak try to work out who is responsible and what NECC will pay to compensate victims, the outbreak has also prompted some other legal action as well. This legal action comes from the governor of Massachusetts who, according to The Tennessean, has proposed changes to regulations governing compound pharmacies.

The changes would give greater power to the state board responsible for licensing compounding pharmacies. New rules would also change the composition of this board, which is currently dominated by registered pharmacists. Under the new proposed rules, a registered nurse, a pharmacy technician, three people from the public and a physician would instead sit on the board. Finally, compounding centers would not only be subject to more supervision by this board but would also be required to obtain special licenses to handle certain sterile compounds.

These changes, hopefully, could prevent serious public health crises in the future and could help to ensure that compounding centers like NECC don’t do anything to put people in jeopardy.
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Energy drinks are advertised as a great boost of energy and many see them that way. They are often consumed by students interested in staying up late to study or have fun, or by adults who have busy and harried lives and who need a little pick-me-up. In some cases, energy drinks are even consumed with alcohol, so the drink can act as a stimulant to keep you awake even as the depressant of alcohol is consumed.1184390_energizing_drink.jpg

Unfortunately, energy drinks may give you a little more than the pick-me-up you expect. Monster Energy drinks and other caffeine-boosting drinks such as 5-Hour Energy Shots or Rockstar Energy have been linked to both serious illnesses and death. Our Foxboro personal injury attorneys urge everyone to understand that Monster Energy drinks are dangerous and to make smart and fully informed choices about whether taking a Monster drink is right for you.

The Dangers of Monster Energy Drinks
The dangers of Monster Energy drinks and other energy boosters have been discussed a great deal in recent months as reports of death or injury come to light. WebMD explains that:

  • There have been 40 illnesses and five deaths linked to Monster Energy drinks
  • There have been 13 illnesses and two lasting disabilities linked to Rockstar Energy
  • There have been 92 illnesses and 13 deaths linked to 5-Hour Energy Shots

The death and injury reports are called Adverse Event Reports (ARE). The complaints and reports of death or injury are filed with the FDA by injured patients or by family members of those who have been harmed. In the case of the energy drinks, they have triggered an FDA investigation intended to determine if energy drinks are dangerous and need to be recalled or more tightly regulated.

Why Are Monster Energy Drinks Dangerous?
Monster and other energy drinks are dangerous because of the high amounts of caffeine that they contain. When a person consumes too much caffeine, his or her heart rate can speed up. Caffeine toxicity is a common result of excess caffeine and a patient may experience significant medical complications or even death due to consuming too much caffeine.

Energy drinks make it much easier for a person to overdose on caffeine in a devastating or perhaps fatal way. The drinks make it easier because so much caffeine is packed into the little bottles, making it possible to get a lot of caffeine into your system in a very short time.

Unfortunately, the full extent of the caffeine in many of the energy drinks isn’t known since the current rules indicate that manufacturers only have to report caffeine added and not caffeine that is naturally occurring in other products within the drink. Those consuming the energy drink may also not have been properly warned about what the side effects could mean for them.

Unless or until tougher regulations are passed or energy drinks taken from the market, consumers need to be careful in drinking these drinks and need to make safety a top priority over a quick caffeine-induced state.
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In February of 2012 KHOU.com reported that two young people had died in a fatal car accident in August when they were driving a Ford F-150 truck. The youths were on their way back to school when the tread came apart on the front right tire of the vehicle.

As a result of the tread coming apart, the pickup truck began to skid sideways and then rolled over, killing its 21-year-old and 18-year-old passengers. In response to the incident, Goodyear Tire & Rubber Co. recalled 41,000 tires that were used on SUVs, vans and pickup trucks. Although the accident happened in August, it was not until February that Goodyear Tire & Rubber actually recalled the tires. 433016_tire_stack.jpg

The tragic accident raises some important questions on when a tire recall should occur. Our Boston injury attorneys believe that car manufacturers can and should take swift action if there is a potential danger associated with their tires. It is always better to err on the side of saving lives and car manufacturers should act promptly to make sure that they institute a recall as soon as they know there is an issue.

Making the Decision to Recall Tires
Following the August 2012 accident, Goodyear took action and instituted their recall because there was a chance that a small number of tires could tear and cause an accident. However, Goodyear did not act immediately and remove the tires from the market in August when the accident happened. Goodyear decided to recall the tires on February 16 and made plans to send notices to their customers about the recall by March 22.

Goodyear also limited the recall to only tires made during a 13-week period between March and June of 2009. Only six sizes were included in the recall. When writing a letter to the National Highway Traffic Safety Administration (NHTSA) about their proposed recall, Goodyear reportedly said that only a small number of tires would experience problems and only under a severe usage conditions.

Goodyear indicated that the reason for the delay in recalling the tires was because the tire company was conducting investigations of what had occurred. The results of this investigation may also have prompted Goodyear’s delay since they indicated to the NHTSA that they had discovered the tire had sustained damage from an external cause. Goodyear, therefore, may have been reluctant to take responsibility and to bear the costs of a recall, although they ultimately decided that the cost of a recall was better than the cost of warranty claims and potential lawsuits.

Unfortunately, while a more than six month delay after an accident seems like a long time to wait before recalling a potentially dangerous tire, Goodyear had actually waited even longer to take action. According to KHOU, Google had first seen an increase in warranty claims and property damage claims relating to the tires in May of 2010. This was 15-months before the fatal crash that led to the death of the two young people.

An attorney for the family of one of the young victims of the accident indicated that the crash might have been prevented if Goodyear had acted in a more timely manner once they started receiving property damage and warranty claims. Without this delay, if Goodyear had responded promptly to potential dangers, lives may have been saved.

Tire Manufacturers Should Take Prompt Action
This accident, and similar incidents where people have been hurt by a failure of a tire manufacturer to announce a danger, all indicate that it is better for companies to err on the side of caution and to warn the public as soon as a potential danger arises.

While companies do need to investigate to make sure that there actually is a link between their defective tires and the damages and accidents that are happening, these investigations should be swift and thorough and car manufacturers should take action as soon as possible in letting the public know of potential problems.
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In early December, Boston.com wrote of a deadly tunnel collapse outside Tokyo. The collapse resulted in nine deaths and led to calls to spend more money on the aging infrastructure in Japan.

While this accident was a world away, it is a clear and tragic illustration of the devastating consequences of the failure to maintain bridges, tunnels, buildings and other essential infrastructure of cities and towns. Unfortunately, in America, our infrastructure is aging too and our Boston injury attorneys are concerned that individuals could be in danger if a collapse occurs. Construction workers are needed to do repairs on failing infrastructure and aging buildings, but could also be at risk when working on failing structures. 1397617_bridge.jpg

Construction Site Risks
With more bridges, tunnels, roads and buildings in need of repair as America ages, more construction work will become necessary in the coming years. Unfortunately, working with aging buildings and structures comes at great risk for construction workers. Those in the construction industry may be asked to tackle tough jobs at dilapidated structures and could be at risk of:

  • Crushing injuries due to falling bridges, ceilings, tunnels and other structures.
  • Fall injuries, including falls to a lower level if aging floors in buildings cave in.
  • Scaffolding injuries when performing work on bridges or on tall buildings and skyscrapers throughout the United States
  • Gas explosions due to aging pipelines. According to Pipeline Safety Awareness, pipelines stretch across 2.6 million miles in the United States and more than 50 percent of the pipelines were constructed during the 1950s and the 1960s. Construction workers can be injured both when called upon to repair aging pipelines and when performing other construction work on the aging infrastructure that disturbs a gas or other pipeline.

Of course, injuries can happen on any construction site. However, the potential risks to construction workers are exacerbated when construction workers are doing work on old and failing infrastructure. The added danger comes not just from the fact that the buildings or structures might collapse or fall, but also from the fact that work done in the past (such as electrical work) may have been done to different safety codes and standards than those used today.

Staying Safe on Construction Sites
Those performing work on repairing the aging infrastructure in the United States need to be aware of the added risks of working on old structures, old buildings, old bridges and old tunnels. Employers need to account for any and all potential risks to their employees and those actually performing the work need to be on the lookout for dangerous situations that could put them at risk.

In most cases, if a construction accident occurs, the employer will be held responsible and the worker will be compensated through a workers’ compensation claim. For some construction injuries, however, a third party is responsible (such as a project manager) and the construction worker will be able to file a personal injury cause of action to recover more compensation than could be obtained in a workers’ compensation claim.
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Gas grills are a popular product, with many people keeping a propane grill in their backyard or on their balcony in order to enjoy those grill-cooked receipes. Unfortunately, gas grills are not always a harmless household product for making a quick meal. In some tragic cases, gas grills can cause horrific injury or even death.

One recent incident involving a high profile celebrity brought the dangers of gas grills to widespread public attention. The incident involved ESPN anchor Hannah Storm, who suffered first and second degree burns after her propane grill caused an explosion. Our Boston injury attorneys urge everyone to pay attention to this accident and to consider it a wake-up call about the potential danger their grill might present to them. 1086988_barbecue.jpg

Grilling Accident Brings Grill Dangers Into the Spotlight
Grilling accidents happen every year, with the National Fire Protection Association reporting that as many as 6,900 home fires occurred between 2005 to 2009 because of a gas grill. Although the accidents are common, they often don’t make major headlines and they may go unnoticed by homeowners who assume their backyard barbeques are relatively safe.

Storm was cooking dinner when she noticed that her grill had stopped working. When Storm relit the grill, it did not simply ignite but instead erupted into a massive explosion and ball of fire.

The explosion was so loud the neighbor said it sounded like a tree falling on the house and the explosion was so powerful it blew the doors right off of the grill. It also set Storm’s shirt on fire, causing second degree burns on her chest area. The fire had exploded in her face, so she also suffered injuries to her face as well including first degree burns on her face and neck and the loss of her eyebrows and half her hair.

Fortunately, Storm has been able to make an effective recovery from the explosion, despite the serious injuries she suffered. Yahoo Sports provided photographs of those injuries, which show how badly burned Storm was by the fire from the grill. Fortunately, Storm was able to recover relatively quickly. The accident happened in December and she was hosting the Rose Parade on New Years Day.

Grills Cause Serious Burn Injuries
Storm’s speedy return to television was possible only because the burns she suffered were not as severe as they could have been. Burns are divided into degrees, with first degree burns impacting only the outer layer of skin and second degree burns penetrating only through the second layer of the skin. In the event of a third or fourth degree burn, which are also very real possibilities if a propane grill explodes, the injuries and damage can be much more harmful. Third degree burns involve all of the skin’s layers as well as some tissue damage while fourth degree burns damage muscle, ligaments and tendon and are often fatal.

Explosions and resulting burns can occur due to a design defect in the grill, a malfunction in the grill, or a problem with the propane tank used to supply the grill. In any case, second and third degree burns could require skin grafting and other expensive treatment. The manufacturer or distributor of the defective grill or of the defective propane tank can potentially be held accountable and made to pay for damages.
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In recent months, patients throughout the United States have been fearful of meningitis outbreaks after the New England Compounding Center (NECC) in Framingham Massachusetts sent out vials of steroids that were contaminated with fungus and bacteria. The steroids were used to inject patients with back and joint pain, so the fungus and bacteria was injected directly into the spine. Some patients died as a result of the contaminated injections and the resulting meningitis, while others suffered serious strokes or other complications.

In light of the outbreak, the Food and Drug Administration (FDA) is now considering new rules for pharmacies. Our Watertown personal injury attorneys urge lawmakers to take a tough stance on regulating pharmacies and to do everything possible to protect patients from another deadly outbreak like the one suffered as a result of NECC’s failures. 1028452_syringes_and_vial.jpg

The New Pharmacy Rules After the Deadly Meningitis Outbreak
According to a recent NBC News article, FDA officials and state representatives scheduled a December meeting in order to address how to better regulate pharmacies.

The issue with the current regulations is that the function of compounding centers has changed in recent years. Compounding centers exist in order to make medications by mixing and distributing drugs. Typically, these compounding pharmacies take individual prescriptions from patients and make medications to order. These small compounding pharmacies are regulated by states while large drug manufacturers are regulated by the FDA. However, there is also another type of compounding pharmacy, which is dubbed a “super-compounder,” and the FDA wants to recognize these as a separate type of compounder to be regulated differently. The FDA, in other words, would create two categories of compounding pharmacy.

Super-compounders operate differently than traditional compounding centers and have only existed for about a decade. These pharmacies, like NECC, are high output pharmacies that operate on a grand scale. In effect, they are manufacturing drugs and distributing them widely- yet they are not currently regulated as manufacturers and they are not subject to the federal regulations and oversight that they should be subject to because they are considered compounders.

These super compounders are, in essence, illegally manufacturing drugs under the guise of pharmacy compounding. The FDA proposes to shift the regulations of these facilities to the federal government while leaving states responsible for small compounding facilities. The two categories that would be created are compounders, regulated by the states, and super-compounders, regulated by the government.

Consumer Groups Point to Problems with Proposed FDA Regulations
Although the FDA does aim to shift some of the oversight of super-compounders to the federal government and away from the states, NBC News reports that a consumer group called Public Citizen is concerned that the FDA proposal is not the most effective way to make consumers safer.

Public Citizen points out that the FDA is legitimizing the potentially illegal manufacturing by compounders and expressed concern that the FDA was trying to pass some responsibility for regulating even large compounders to the states. The consumer group also argues that the large super-compounders would largely be manufacturing steroids, which are injectable and which are a high-risk class of drugs.

Tougher Oversight Needed to Protect Patients From Drug Dangers
Regardless of whether the consumer group is right or whether the FDA’s new regulations are the answer, it is clear that tougher regulation of some type is necessary. Lawmakers need to act to make sure that compounding pharmacies meet safety guidelines and need to do everything in their power to prevent another outbreak like the one caused by NECC’s failures.
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According to the Occupational Safety and Health Administration (OSHA), winter storms create many hazards for workers and can make it more difficult to perform work-related tasks. As OSHA makes clear, employers are responsible for the safety and the health of their employees and for ensuring a safe workplace. Employers, therefore, need to be aware of and take precautions to deal with winter dangers and must provide warning to their employees of the added risks that winter brings. 1409803_snowy_spruce_forest_in_winter.jpg

Our Boston injury attorneys know that worksites in winter can be dangerous, and that construction sites can present even more of a risk in bad weather. We urge every employer and employee to review OSHA guidelines and to exercise care when engaged in snow and ice removal.

Snow and Ice Removal On Construction Sites
Construction work doesn’t stop in the wintertime, and workers’ may work on remodeling or new builds as well as on needed repairs over the course of the winter. Unfortunately, in order to perform this work, workers may need to walk on slippery pavement. Workers’ may also need to remove snow and ice from construction sites so that they can continue to work. For example:

  • A worker that is working on putting a new roof on a building may have to clean ice off of the rooftop before work can begin.
  • A worker who is up high on scaffolding needs to be careful both of the potential for ice to form on the ground below the scaffolding and for the potential for ice to form on the scaffold itself.
  • A worker can experience overexertion injuries due to removing snow from construction zones.
  • A worker can be inside of a building and have the roof collapse due to excess snow on the roof.

These are just some of the ways that snow and ice on a construction site can spell bad news for worker safety.

Staying Safe
To better cope with snow and ice on construction sites, it is advisable to review OSHA’s information on hazards related to snow shoveling and snow removal, as well as OSHA tips for safely walking on snow and ice.

According to OSHA, shoveling snow can place tremendous stress on the body and can put a worker at risk of:

  • Exhaustion
  • Back injury
  • Dehydration
  • Heart attack

Ice, on the other hand, could cause a worker to fall when he is walking or working or could cause a worker operating construction equipment to spin out of control.

To minimize the risks of construction site accidents based on either snow or ice, OSHA advises:

  • Working slowly
  • Keeping your back straight when shoveling.
  • Removing only small amounts of snow at one time.
  • Wearing winter boots when you are walking on either snow or ice.
  • Being on the lookout for any vehicles that could potentially lose traction
  • Wearing sunglasses in the daytime to prevent the glare from the snow from blinding you, especially if you are operating construction equipment.

These are just some of the many tips that OSHA provides for avoiding a construction accident caused by winter snow and ice. Workers should be sure to follow these tips next time you go to a construction site on a bad day.

Of course, it is always important to remember that the entity ultimately responsible for any work injury is the employer. This is why employers both need to remind workers of these and other winter safety tips and why employers need to put common-sense safety plans in place for the winter months.
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Dirt bikes may seem like a fun ride for your kids and both younger children and teens may be eager for the freedom and adventure that a dirt bike seems to bring. However, dirt bikes can also be extremely dangerous, especially if they are operated by inexperienced or under-aged drivers.

Our Watertown personal injury attorneys want to warn all parents of the potential risk of dirt bike accidents. Before allowing your child on a dirt bike as a driver or passenger, it is important to understand the dangers and to have a talk with your child about proper riding behavior and safety measures. 1115331_motorbike.jpg

Dirt Bike Accident Highlights the Dangers to Young Drivers
With their quickness and with the limited protection they provide in the event of an accident, dirt bikes are inherently dangerous by nature. Tragically, however, a recent accident in Massachusetts underscores just how risky dirt bikes can be. In this accident, reported by Boston 7 News WHDH, a 14-year-old boy was killed.

The deadly accident happened when the 14-year-old was out riding dirt bikes with his father and his 11-year-old brother. The victim collided with another off-road vehicle at around 2:00 P.M. on a Saturday afternoon. The vehicles collided head-on near a cranberry bog. The 40-year-old driver of the off-road vehicle said he was going to get help but unfortunately never returned. The father of the deceased victim tried to save his son’s life, but was unsuccessful.

Understanding Dirt Bike Risks and Dirt Bike Legal Liability
As this tragic accident shows, dirt bike accidents can happen any time and anywhere. This young man who was killed was with his father and brother and it is not clear yet whether the young dirt bike rider or the older man who hit him was criminally negligent or unreasonably careless in any way. The only conclusive facts thus far in the accident are that the dirt bike and other off-road vehicle collided and that death and injury resulted.

If the driver involved in the dirt bike accident who hit the young victim is found to have been negligent, then it is possible that the family members of the deceased could file a civil lawsuit. The success of a lawsuit will depend upon whether the 40-year-old was unreasonably careless in a way that led to the young victim’s death. The property owner where the accident occurred may also face liability.

Of course, no amount of money will ever bring back the loss of a child. To help avoid this type of tragedy, parents should think carefully before giving a dirt bike to a young teen, especially one who is not yet old enough to legally drive. If your child does use a dirt bike, it is important to have clear rules regarding speed and regarding when and where the bike can be ridden. Crowded or well-populated roads should be avoided, as should busy times when there are more likely to be vehicles both on the roads and off-roading. By making clear rules with your child, monitoring dirt bike behavior and supervising, you can reduce the risk of a dirt bike accident.

Of course, the best way to avoid this type of accident may be to prevent your child from driving a dirt bike until he or she is legally able to drive and has proven he or she can safely operate a dirt bike. Even then, however, your child is always at risk of falling victim to an accident caused by someone else being negligent. Defective equipment may also contribute to an accident or exacerbate injuries.
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The dialysis manufacturer Fresenius has become well-known not because of their advanced medical treatments nor because of their effective dialysis products. But rather because of a dangerous medical product they produced called GranuFlo.

Recently, however, Fresenius has been in the news for a different reason. According to Investors Business Daily, Fresenius has expanded their treatment options to offer overnight dialysis. 1033916_medical_instruments_3.jpg

While our Boston injury attorneys are glad that dialysis patients are now being offered a solution that allows them to keep their days free for family and work, we are concerned about the history that Fresenius has in disregarding the well-being of patients who use these products and medical devices. We hope that night clinics will be properly staffed with fully qualified medical professionals and that the dialysis treatment provided at these clinics will be safe and effective so patients are not put at risk.

Fresenius Offers Overnight Dialysis Option
Fresenius has a vast number of dialysis clinics across the United States and is a leading name in the dialysis industry. According to Investors Business Daily, they have now pioneered a new program of night time dialysis. More than 140 different night time dialysis programs have been established throughout the U.S., including in Weymouth Massachusetts.

Night time dialysis allows for patients to undergo the process of having their blood filtered for waste products while they rest or sleep. This is an alternative to the standard daytime dialysis practices. Traditionally, patients on daytime dialysis will receive treatments three days per week and each treatment will last three to four hours, which can take up a major amount of time for the person who needs the life-sustaining treatment. With nighttime dialysis, however, patients will still go for treatment three times per week but they can undergo the treatment when they are resting or sleeping overnight, leaving their days free.

The process of nighttime dialysis is a little slower, with the dialysis treatment extending over eight hours. This slower process may be a gentler and healthier treatment, allowing patients to have better blood pressure control and better control of mineral levels.

Is Nighttime Dialysis Safe?
In theory, nighttime dialysis should be safe. In fact, because of the slower and gentler treatment, it might even be safer than daytime dialysis. However, in order for nighttime dialysis to actually be safe in practice, it is essential that the individuals undergoing nighttime treatment receive a high level of care. Providers of dialysis treatment at clinics must monitor and observe patients carefully, especially if those patients are sleeping, for signs of a potential problem.

Fresenius, unfortunately, does not have a very good track record of caring for their patients or protecting them. Their dangerous GranuFlo product resulted in many patients experiencing a bicarbonate overdose, greatly increasing their risk of cardiac arrest. This occurred because of doctor confusion about concentration of the product. As if this wasn’t bad enough, Fresenius knew of the danger and they alerted their own clinics in November of 2011 while at the same time failing to take action to warn the general public. Eventually, the dangers of GranuFlo became widely known, but in the meantime, Fresenius was putting more people in danger as doctors continued to dose them with the risky medicine.

Patients should be aware of the dangerous history of Fresenius and should take this into account when considering whether to undergo overnight dialysis treatments at one of their facilities. Whether overnight staff at these facilities have the knowledge and resources to keep patients safe remains to be seen.
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Tires are one of the most important parts of your vehicle since the vehicle literally rests and moves on them. Unfortunately, in recent years, a spate of tire problems has led to serious and fatal injuries.

Some of the problems involve an issue with the tires themselves, such as when tires on Mercury Mountaineers and Ford Explorers began losing their treads and disintegrating. In other cases, the problem with the tires is caused by another vehicle defect. For example, on December 18th, Auto Blog reported that Jaguar Land Rover had issued a recall on up to 70 different vehicles due to brake problems. The issue: the bake caliper could detach and could damage a wheel by causing tire deflation. 759846_old_and_worn_out_tires.jpg

In any case, whether the problem is isolated to the tire or whether there is a larger issue that could impact the tires, manufacturers must act quickly in notifying the public of the dangers. A failure to provide proper notice of the defect and to institute a timely recall could put thousands in harm’s way, and our Boston accident attorneys understand the devastating consequences that can result.

The Consequences of a Delayed Recall
When a tire or any part of a vehicle has a defect, the manufacturer of either the tire or of the vehicle is often one of the first to become aware of the potential problem. The manufacturer is also in the best position to investigate the potential dangers and to warn their customers.

When a tire malfunctions, for example, manufacturers can issue a warning and institute a recall of all vehicles with the faulty or the malfunctioning tire. The NHTSA details the recall rules on their website including outlining when a recall may be required.

Car manufacturers also have another important obligation in addition to communicating with customers. That obligation is to notify the National Highway Traffic Safety Administration (NHTSA) and the Department of Transportation (DOT) that there is a problem.

By providing proper and timely notice to the government, car manufacturers can jump-start an investigation into potential dangers that are impacting consumers. The relevant government authorities can take action to warn and to help the public who may be in danger due to the defect. Letting the government know of defects is so important that there are actually regulations in the U.S. that require manufacturers to share problems with the government.

When a manufacturer fails to institute a recall and/or to let the appropriate government authorities know that their cars or tires have a defect, more lives are put at risk as people continue using their defective cars or tires without being aware of the fact they are putting themselves in danger.

Car manufacturers can face strict punishments as a result of the danger to life that they create by failure to follow U.S. Safety Guidelines and report safety risks. According to a December 18, 2012 article on Tire Business.com, for example, Toyota recently had to pay a $17.4 million fine for a failure to report a defect in their vehicles involving an accelerator pedal becoming trapped.

Toyota’s fine was a record fine, the largest in history for failure to report a defect. However, it demonstrates clearly the cost to car-makers who are lax in their safety obligations to consumers. In the event that a tire defect is faced in the future, manufactures should remember the large fine as an important cautionary story and should be sure to take prompt and swift action to let consumers know that bad tires might put them at risk.
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