Articles Posted in Product Liability

The FDA said last week it is telling Americans that Topamax causes an increased risk of oral birth defects – specifically cleft lips and cleft palates – in children whose moms took Topamax during pregnancy.

Topamax is approved to treat epileptic seizures and to prevent migraines, which it reportedly does quite effectively. But all the evidence suggests that it can raise the risk of cleft lips and cleft palates in infants exposed to the drug during pregnancy.


The National Highway Traffic Safety Administration is now auditing car rental companies to make sure they are completing repairs on cars that have been recalled before renting or leasing them.

The car recall problem is twofold: car companies making defective cars and then the failure to solve the problem by fixing the car after the recall has been made. Consumers are the worst on this: they get a recall notice and toss it into the trash. When that happens, it is on you if your car becomes involved in a serious accident. The recall was out there. Get the car fixed.

The feds are looking at a more curable problem. Car rentals and leases where the recalls are never repaired. The government thinks that car companies have been aware of incidents involving personal injury or death caused by failure to conform to the applicable federal safety rules.

A former Toyota lawyer is accusing the carmaker of illegally withholding evidence in hundreds of rollover death and injury cases, in a “ruthless conspiracy” to hide evidence of “its vehicles’ structural shortcomings.”

Toyota calls the accusations “inaccurate” and accuses the attorney of violating “his ethical and professional obligations.”

As to the latter charge, let’s assume the lawyer violated the lawyer-client privilege. Okay, he should be disbarred if that is true. Still, forget about blaming the messenger. What did Toyota do?