Massachusetts Injury Lawyer Blog

Just weeks after a massive children's crib recall, a portable playard tent linked to a young boy's fatal strangulation has been pulled for safety.

The U.S. Consumer Product Safety Commission (CPSC) and Health Canada, in cooperation with Tots in Mind Inc. of Salem, New Hampshire, has announced the voluntary recall of 20,000 Cozy Indoor Outdoor Portable Playard Tents Plus Cabana Kits. An additional 85 tents were recalled in Canada.

The tent is a white dome-shaped covering designed to fit over playards that contain a child. In December 2008, a two-year-old boy from Vinalhaven, Maine died when he climbed out of the playard. He was found hanging with his neck entrapped between the playard frame and the metal base rod of the tent. In this case, the tent had been tied to the playard with pieces of nylon rope and partially attached with the tent's clips because the child knew how to remove the clips.

In three other incidents, children removed the clips on the tent and were able to place their necks between the tent and the playard. The children were not injured.

The unsafe cribs were made in China and sold at Walmart, Amazon and various baby stores from January 2005 to February 2010.

Consumers should immediately stop using the playard tents. They can contact Tots in Mind to get free replacement clips. Replacement clips will be available in late August or early September.

This is the second major product safety recall affecting parents and children in recent weeks. In June, the CPSC recalled two million cribs because of an unsafe drop-side rail, which created a gap where a baby's head could become trapped. Government officials say this could lead to suffocation or strangulation.

The companies involved in the recall include Evenflow, Delta Enterprises Corp., Child Craft, Jardine Enterprises, LaJobi, Million Dollar Baby and Simmons Juvenile Products Inc.

Continue reading "Product Safety Recall: Baby Tents Pose Strangulation Risk" »

Massachusetts has banned the commercial use and sale of lacquer sealer, a highly flammable wood floor finishing product linked to deadly home fires.

Gov. Deval Patrick signed the safety bill into law this week. The bill had strong support from MassCOSH (the Massachusetts Coalition for Occupational Safety and Health), which convened a Floor Finishing Safety Task Force to investigate the problem.

The task force was convened after a 2004 house fire in Somerville claimed the lives of two Vietnamese floor sanders and burned their co-workers. Shortly after, a Vietnamese flooring contractor died in a Hull house fire. Both fires involved the use of lacquer sealer used in floor finishing.

"This groundbreaking law will save lives and end floor finishing fires that have caused so much pain and destruction," said Marcy Goldstein-Gelb, executive director of MassCOSH. "We owe a great deal of thanks to the Governor and Legislature for recognizing these grave dangers and taking action to protect workers and residents."

Following the three fatal fires, the Floor Finishing Safety Task Force issued a 2005 report stating Boston had seen 25 fires involving lacquer sealer over the 10 previous years and Needham had seen two in the prior year that threatened worker safety.

In the 2005 report, the task force recommended the state promote use of non-flammable water-based finishers to protect Massachusetts worker safety and prevent worker deaths.

The task force observed the problem of flammable lacquer sealer was targeting Massachusetts' Vietnamese community, which has a large concentration of workers in the floor finishing industry.

The bill proposing the ban was jointly filed by state Rep. Martin Walsh and Sen. Patricia Jehlen.

Breakstone, White & Gluck of Boston is a supporter of MassCOSH and its work to protect Massachusetts construction workers and other employees.

To learn more, visit the MassCOSH website.

Continue reading "Massachusetts Law Bans Highly-Flammable Floor Sealer" »

It's always a tragedy when someone leaves a bar after a night of drinking, steps in his or her car, and causes a motor vehicle accident resulting in personal injury.

For years, that tragedy was compounded by Massachusetts law, which let bars and restaurants operate without liquor liability insurance. Like other businesses, Massachusetts restaurants and bars have traditionally carried general commercial liability insurance covering on-site problems, including slip and falls and other injuries. But this insurance offers no assistance to drunk driving accident victims.

In late May, Massachusetts lawmakers corrected this and passed a law requiring restaurant and bar owners to carry liquor liability insurance. Establishments must carry a minimum of $250,000 per person/$500,000 per accident coverage. In other words, policies must provide a minimum $250,000 for bodily injury or death of one person and a total of $500,000 per incident involving bodily injury or death.

Innocent victims of drunk driving accidents still face the traditional hurdles in proving their cases against bars. One hurdle is strong juror bias. Juries do not hesitate to hold the drunk driver responsible. But juries are often reluctant to blame a drinking establishment for over-serving a patron, even though the law is perfectly clear that a bar has a legal duty to not serve someone who is intoxicated.

Restaurants and bars seek to avoid liability for over-serving patrons, and they typically claim they did not recognize that the patron was intoxicated. The recent Massachusetts Appeals Court case of Rivera v. Club Caravan, Inc., 77 Mass. App. Ct. 17 (2010), reviewed the legal standards for "dram shop cases." Generally the plaintiff must prove the patron showed outward signs of intoxication by the time he or she was served her last drink. However, circumstantial proof can also be sufficient. If the patron had consumed excessive quantities of alcohol, a jury can draw an inference that he would have been visibly intoxicated. So, where a patron is served fourteen drinks in two hours, as in the Rivera case, or was served six or more white Russians, as in another Massachusetts case, the circustantial evidence is strong enough.  

Personal injury attorney Ronald Gluck called the new law "a step forward" for the safety of Massachusetts residents.  "Restaurants and bars will want to have strong policies in place--and to follow them--not just to avoid liability but also to avoid large increases in their insurance premiums. The new liquor insurance law should help reduce drunk driving accidents in Massachusetts."

Click here for the full text of the law.

Continue reading "Massachusetts Bars Must Now Carry Liquor Liability Insurance" »

Welcome news today as the Massachusetts Legislature has finally agreed on a new law that will make it illegal to text while driving. Once the bill is signed by the Governor, Massachusetts will be in line with twenty-eight other states that have already outlawed text messaging while driving.

This law comes in the wake of several tragic text message-based accidents. In May 2009, 62 people suffered personal injury after a Massachusetts Bay Transportation Authority trolley collided with another trolley because the driver was texting his girlfriend. In September 2008, a California commuter train engineer missed a stop signal while trading texts with a friend, leading to a train accident resulting in the wrongful death of 25 people. In addition, there have been several high profile motor vehicle wrongful death cases in recent memory which were caused by inattentive drivers who were texting as they drove.

The law has several other public safety improvements. The new law will require that older drivers renew their licenses in person and take an eye exam every five years beginning at age 75. Older drivers were involved in several serious car accidents in 2009 in Massachusetts. Further, the law will forbid anyone under the age of 18 from using a cell phone while driving.

Boston personal injury attorney David White said of the new law, "Distracted driving is a serious safety problem. The use of cell phones and text messaging are two of the biggest distractions for drivers. These new provisions will vastly increase the safety of Massachusetts roadways."

A recent study found that texting while driving makes a person twenty times more likely to get into a car crash or near-crash. The problem is most severe for inexperienced drivers. It is hoped that this new law will raise awareness to this growing epidemic of serious personal injuries caused by careless texting motorists.

 For more information

Boston Globe

Virgina Tech Transportation Institute Research Project

Continue reading "Massachusetts Law Will Ban Text Messaging While Driving" »

We commend The Boston Globe for highlighting one of the state's most pressing problems in health care: too many Massachusetts hospitals and physicians are still using paper medical records.

In a May 7th editorial, the Globe rightly pointed out that electronic medical records, "will prevent errors, improve diagnostic work, avoid duplication of tests and procedures, and simplify clinical studies." The newspaper called on the 63 Massachusetts hospitals not using any computerized systems to make the change now.

"Electronic medical records would be the best medicine for taking care of medical errors," Massachusetts medical malpractice lawyer Marc Breakstone said in response to the editorial.

A 2008 study by the Massachusetts Technology Collaborative and the New England Healthcare Institute found just 10 of the state's 73 hospitals used a computerized system for doctors' orders. More alarming was the study found 1 in every 10 patients at six community hospitals in the state suffered from serious medication mistakes.

According to the Institute of Medicine, 50,000 to 100,000 patients nationwide die annually of preventable medical errors.

In addition to offering stimulus-bill help, the federal government is threatening to reduce Medicare payments for doctors who fail to implement electronic medical records by 2015. A 2009 national survey by the New England Journal of Medicine showed that only 1.5 percent of hospitals and 4 percent of doctors' practices have adopted comprehensive electronic systems.

At Breakstone, White & Gluck, we know firsthand electronic medical records will save lives. Massachusetts hospitals are doing the public they should be serving a great injustice every day they continue to make excuses for not going electronic.

For more information, read The Boston Globe's editorial.

Continue reading "Massachusetts Hospitals and Doctors Must Implement Electronic Medical Records Now for Safety" »

Massachusetts workplace accidents and the lives they claim were the focus today at the Workers' Memorial Day Commemoration and Rally at the Massachusetts State House. The event honored the 62 workers killed on the job in Massachusetts last year. Organizers called for workplace safety improvements to prevent more injuries and deaths.

The names of the victims of workplace accidents were read aloud at the beginning of the rally, and a moment of silence honored the men and women, as well as their families. 

In a report on Massachusetts workplace accidents released today, the Massachusetts Coalition for the Occupational Safety and Health (MassCOSH) said for every worker killed on the job, 10 more die from occupational disease. Massachusetts workplace accidents resulting in death in 2009 included:

• 6 servicemen and women who died as a result of the war in Iraq


• 9 construction accident deaths


• 7 fishing accident deaths


• 11 deaths among Massachusetts firefighters


• 11 transportation accident deaths


• 6 workplace violence deaths

MassCOSH, which co-sponsored today's rally with the Massachusetts AFL-CIO and the Greater Boston Labor Council, estimated 1,800 Massachusetts workers were diagnosed with cancers caused by workplace exposures last year. Another 50,000 Massachusetts workers reported serious personal injuries.

There are currently several efforts to prevent Massachusetts workplace accidents. Last Workers' Memorial Day, Governor Deval Patrick issued an executive order establishing health and safety committees in all state agencies. But MassCOSH said a glaring problem that still must be changed is that Massachusetts' public sector employees are not covered under the federal Occupational Safety and Health Act (OSHA) like private sector workers.

Among other recommendations, MassCOSH calls on the state to be more proactive and to protect temporary workers by passing the Employment Agency Bill (Senate Bill 2364). This bill will require employment agencies to provide written notice about key details of job assignments, the work site employer, the type of work to be done, the right to workers' compensation and other important information. We believe this bill is especially important in light of this economic time.

MassCOSH's complete report is titled, "Dying for Work in Massachusetts: Loss of Life and Limb in Masachusetts Workplaces." It is available from MassCOSH.

Boston attorney David White (below) attended the rally on behalf of the firm.

Breakstone, White & Gluck, a Massachusetts workplace accident law firm, supports MassCOSH and its work to improve Massachusetts workplace safety, inspections and enforcement.

Continue reading "Massachusetts Workers Rally for Safety and to Commemorate Fallen Workers" »

Boston bicycle safety has markedly improved over the past two years with several new safety initiatives, including the creation of new bike lanes, publication of the city's first biking map and installation of hundreds of bike racks.

But Boston bike safety is back in focus this month after three bicycle accidents within the city, including one fatal bike accident that claimed the life of a 22-year-old cyclist and another causing serious personal injuries.

"The biggest problem compared to other cities I've ridden in ... whether people are biking, walking or driving around the city, everyone has this 'me first' attitude," David Watson, executive director of the Massachusetts Bicycle Coalition, recently told the Boston Metro newspaper. "That's a huge issue - changing the way everybody thinks."

We applaud Boston Mayor Thomas M. Menino for calling the city's first Bicycling Safety Summit after the accidents to provide bicyclists and city officials a chance to discuss ways to prevent bicycle accidents in Boston.

The reality is that both drivers and bicyclists need to take responsibility for co-existing with each other, along with walkers. This means education, especially considering the fact that the laws governing bicycling were amended by the Massachusetts legislature in 2009. Drivers still need to learn their new responsibilities when overtaking cyclists, when turning, and when opening doors in traffic. 

For anyone thinking about enjoying the city on two bicycle wheels this summer, we encourage you to register for one of the Massachusetts Bicycle Coalition's upcoming bike safety classes on May 6 or May 19 at City Hall. The move could save a life.

Our firm supports cycling programs and bicycle safety in Massachusetts. We are proud supporters of MassBike, the Northeast Bicycle Club, the Charles River Wheelmen, Bikes Not Bombs and the New England Mountain Bike Association.

Continue reading "Boston Bike Safety Gets Much-Needed Attention During Summit" »

Guidant LLC, a division of Massachusetts' company Boston Scientific, has plead guilty to two misdemeanor counts alleging the medical device maker failed to disclose product changes involving over 20,000 implantable heart monitor devices.

The medical device manufacturer plead guilty Monday, April 5 and will learn over the next few weeks whether U.S. District Judge Donovan Frank will accept a proposed $296 million plea deal - the largest criminal assessment ever proposed against a medical device company.

The Department of Justice accuses Guidant of changing the design of its implantable cardioverter defribrillators, or ICDs, and failing to notify the Food and Drug Administration (FDA) of subsequent problems that lead to a Class 1 medical recall - the most serious category which indicate a defective product has the potential to cause serious personal injury or wrongful death. 

Guidant's implantable cardioverter defribrillators, Ventak Prizm 2 DR and Contak Renewal 1 and 2, were designed to monitor patients for abnormal heart rhythms and deliver electric shocks to keep the heart beating properly. But Department of Justice officials say Guidant discovered as early as 2002 that Ventak had the potential to suffer an electric arc, which could short-circuit the device. Although problems continued with the defribrillator, Guidant didn't issue a warning until 2005. In at least seven cases, the devices failed to issue a lifesaving shock and the patient died.

In 2005, Guidant sent a product update to doctors, advising that a yellow warning screen indicated a potentially serious problem. However, the FDA says the company should have sent a product correction, rather than a product update, since the change reduced the risk of serious injury, and should have notified the FDA of the change within 10 days. Guidant ultimately recalled its three devices in 2005. 

Attorneys for the affected patients are now urging the court to reject the plea deal because it will not provide restitution payments to victims.  The government prosecutor has argued that the victims have other remedies for compensation and that the applicable law does not require restitution.  The prosecutor points to the fact that most of the victims have settled civil suits with the company and the company has paid out over $650 million in settlement and warranty payments.  Additionally, $42 million of the plea amount is forfeited funds and victims can petition the Justice Department for their share.

For more information on the plea deal, see this Boston Globe article and this Star Tribune article.

Continue reading "Defective Product Leads to Proposed Plea Deal in the Largest Criminal Penalty Ever Assessed Against a Medical Device Company " »

The US Consumer Product Safety Commission (CPSC), in cooperation with Infantino LLC of San Diego, have announced a free replacement program for two models of defective infant slings. One million of the defective products are being recalled after the three wrongful deaths of infants due to incidents of suffocation.  CPSC is aware of the deaths of a seven week old in Philadelphia, a six day old in Salem, OR, and a three month old and Cincinatti, OH.  CPSC advises consumers to immediately stop using these slings for infants younger than four months of age due to a risk of suffocation and contact Infantino for a free replacement product.

The affected sling models are the "SlingRider" and the "Wendy Bellissimo."  Infantino LLC sold the slings in the United States from January 2003 through March 2010 at Walmart, Burlington Coat Factory, Target, Babies "R" Us, BJ's Wholesale, various baby and children's stores and other retailers nationwide, and on Amazon.com, for between $25 and $30.  The slings were manufactured in China and Thailand.  Consumers should contact Infantino to receive a free replacement product. 

CPCS has also released a general warning about sling carriers for babies as they pose two risks of suffocation.  The sling's fabric can press against an infant's nose and mouth, blocking the baby's breathing. Additionally, where a sling keeps the infant in a curled position bending the chin toward the chest, the airways can be restricted.  CPCS is working with concerned companies to develop safety standards for baby slings.

For information on obtaining a free replacement product, visit www.infantino.com. 

To report an incident involving a recalled product, file an incident report at https://www.cpsc.gov/cgibin/incident.aspx.

For more information on the CPCS warning, see the CPCS website.  For more information on this specific recall, see this press release.

Continue reading "After Three Infant Deaths, Company Recalls Baby Sling-- Massachusetts Residents Should Take Warning" »

James Delayo, the former chief crane inspector for New York City, has plead guilty to accepting more than $10,000 in bribes to fake inspections and crane operator licensing test results.  Delayo has admitted to accepting bribes between 2002 and 2008 to file paperwork indicating that a Long Island-based crane company had passed inspections that never happened and to say an employee passed a licensing exam never taken.  For these and other favors, Delayo received from $200 to $3000 in individual payoffs.  An official and employee with the involved Long Island crane company, Nu-Way Crane Service, have plead not guilty to bribery and record tampering.  Delayo is currently out on bail until his sentencing on May 4th. His plea deal calls for two to six years in prison.

Delayo was arrested back in 2008 after the second of two serious construction accidents caused by massive cranes collapsing. The accidents caused the wrongful deaths of nine people. Authorities said at the time that Delayo's case was one in a series of cases against builders and inspectors accused of accepting tainted money.  Consistent with that claim, Delayo is not the only person in trouble after the 2008 crane collapses.  A crane rigging contractor has been charged with manslaughter for one collapse and a crane owner and former mechanic have been charged with manslaughter for the other collapse.  Since the 2008 accidents, New York City building officials have made changes to crane training requirements and exam procedures for some operators.  Additionally, some inspections are now performed by a national group.

To see additional coverage of this story, see this Boston Globe article.

Continue reading "Ex-NYC Chief Crane Inspector Put Lives in Danger by Accepting Bribes" »

Lawmakers and individuals are calling for change after seven deadly Big Dig crashes have been linked to handrails in the tunnels. State Senate President Therese Murphy has requested that the Department of Transportation, which overseas the tunnel system, review the handrails's design and safety. Between 2004 and 2008, seven of the nine fatal accidents in the Big Dig were the result of vehicles hitting the handrails. Most crash victims were dismembered.  The handrails line about six miles of the Big Dig on elevated walkways and are designed to prevent workers from tumbling into traffic.

The handrails are also the subject of litigation in Suffolk Superior Court.  The widow of State Trooper Vincent Cila, who was killed after hitting a handrail post while on a motorcycle in 2005, has filed a wrongful death suit against multiple parties, including the state Turnpike Authority.  The defendants assert that the handrails meet all applicable safety standards and regulations. 

Despite assertions to the handrails' safety, relatives and friends of crash victims are calling for the handrail design to be changed.  Experts consulted by the Boston Globe said that the handrails are flawed.  The horizontal rails are spaced far apart, allowing motorists to become entangled, and the rails are only three feet above the road, at head level.  However, handrail design may not be solely to blame for the grisly crashes. Many of the drivers killed were speeding or not wearing seatbelts.

For more information on this story, see the Boston Globe.   

Continue reading "Big Dig Handrails Under Scrutiny After Massachusetts Drivers' Deaths" »

The very people who take an oath to do no harm may be undermining patient safety systems, despite hospitals' focus on reducing medical errors. In the last decade, hospitals have ramped up patient safety systems by promoting protocols, checklists, and procedures to prevent medical errors. Hospitals have also pushed to increase transparency and disclosure of medical errors. However, studies are showing that doctors are not reporting incidents of medical negligence as often as they should. Some experts point to doctors' fear that an incident report with their name on it could damage their career permanently.

The Joint Commission Journal on Quality and Patient Safety reported last month that most medical residents have never filed an incident report. This is despite the fact that many residents are in fact reponsible for personal injuries or wrongful death of patients during their training. Additionally, young doctors are entering practice without being educated in patient safety, according to a report issued by experts working with the Lucian Leape Institute at the National Patient Safety Foundation. Dr. Lucian Leape, chairman of the report's committee, blames the culture of medical education for the lack of attention to patient safety. Dr. Leape believes the hierarchy, humiliation, and stress of medical education does not allow doctors' the time, sense of community, or support to disclose errors.

After historically ignoring patient safety, some medical schools and clinical training programs have introduced the subject into their curriculum. Not all institutions have succeeded, having difficulty securing financial support or experienced physician-teachers with training in patient safety. However, those institutions that have successfully implemented training programs have benefitted. The University of Illinois at Chicago College of Medicine instituted an extensive patient safety education program six years ago. Graduates of the school have gone on to be leaders in the field of patient safety. More recently, patient safety training was integrated into the residency program. Residents now submit over 100 incident reports- up from zero.

For more information on patient safety, see the National Patient Safety Foundation report. Also, see the New York Times article Learning to Keep Patients Safe in a Culture of Fear.

Continue reading "Patient Safety and Doctors' Fear--Improving Systems to Reduce Medical Error" »

Four companies are voluntarily recalling children's hooded sweatshirts and jackets due to the danger of children suffering personal injuries or death.  The recalled garments all have drawstrings through the hoods that pose a strangulation hazard for children.  All four companies are cooperating with the US Consumer Product Safety Commission (CPSC).  Baycreek Inc. of New York, NY is recalling 1,900 hooded sweatshirts.  Weeplay Kids LLC of New York, NY is recalling 11,800 hooded sweatshirts.  Bobens Trading Co., Inc. of Hicksville, NY is recalling 3,900 hooded sweatshirts and Franshaw, Inc. of New York, NY is recalling 2,400 hooded jackets; both companies' recalled garments are sold exclusively at Burlington Coat Factory.  No injuries or incidents have yet been reported.

To eliminate the risk of danger, parents should either remove the drawstring from the hood, or return the garment to the place of purchase or the manufacturer for a full refund.  The CPSC issued guidelines in 1996 for children's upper outerwear and the industry voluntarily incorporated these standards in 1997.  The guidelines provide additional information and advice on how to eliminate the risk of strangulation from hooded outerwear. 

To report an incident involving one of these garments, or a similar garment, file a consumer product incident report with CPSC. 

For more information on the Weeplay Kids recall, see http://www.cpsc.gov/cpscpub/prerel/prhtml10/10142.html

For more information on the Baycreek recall, see http://www.cpsc.gov/cpscpub/prerel/prhtml10/10144.html

For more information on the Bobens Trading Co recall, see http://www.cpsc.gov/cpscpub/prerel/prhtml10/10140.html

For more information on the Franshaw recall, see http://www.cpsc.gov/cpscpub/prerel/prhtml10/10143.html

Continue reading "Children's Sweatshirts and Jackets Recalled due to Strangulation Risk--Massachusetts Parents Take Warning" »

The Massachusetts Supreme Judicial Court has ruled that non-patient claims for personal injury resulting from medical malpractice must first be presented to the Massachusetts medical malpractice tribunal.  The tribunal's job is to review medical malpractice personal injury claims and decide whether there was actual medical malpractice involved or if the injury was merely an unfortunate medical result.

The decision concerned a hospital worker who was killed when a heavily medicated woman lost control of her car and drove it into an entrance to the Brockton Hospital where the victim worked.  The victim's wife sued the doctors for her husband's wrongful death, alleging they had failed to warn the woman that it was dangerous to drive while on her medications.

Ordinarily, medical negligence cases may only be brought by a patient against his or her medical provider. However, third parties may bring claims against a provider if the provider failed to warn the patient of the effects of medication, and the patient then injured the third party. The exception is a narrow one.

The case clarifies pre-trial procedures in such third party cases, as it was unclear whether or not an injured non-patient was required to bring their medical malpractice claim before the tribunal.  However, with today's Massachusetts Supreme Judicial Court ruling, it is now clear that any person looking to bring a claim for personal injury resulting from medical malpractice must first present their claim to the medical malpractice tribunal, whether or not they were the patient.

The case was Vasa v. Compass Medical, P.C., SJC-10457, March 2, 2010.

Continue reading "Massachusetts Court Requires Medical Malpractice Tribunal in Third Party Claims" »

Toyota faced another round of bad news this week with the announcement today of a probe by the National Highway Traffic Safety Administration (NHTSA) into braking problems in the popular Prius hybrid model. NHTSA has received at least 124 complaints about momentary braking problems in the defective vehicles. As least four car crashes have been reported. The problems are apparently associated with speed bumps, potholes, and icy roads--three things Massachusetts drivers see plenty of. The investigation concerns the 2010 Prius model year.

The Prius investigation is the third in a string of product defect recalls which are tarnishing Toyota's reputation for safety and reliability. On top of that, it seems that Toyota has been less than forthright about the problems in its cars. According to CNN (February 4, 1010), "Toyota has known about brake problems in its popular Prius cars for some time, going so far as to fix it in new production vehicles, but has kept Prius drivers in the dark about the problem until the Japanese government called for an investigation."  And the sticking gas pedal was first blamed on floor mats, and then later extended to the mechanics of the pedal itself. The Federal government has now demanded that Toyota demonstrate that the problem isn't more serious, and that it does not include other parts of the throttle control systems. Defects relating to the gas pedals have been linked to several wrongful deaths.

U.S. Transportation Secretary Roy LaHood set off a brief panic on February 3rd when he said owners of the defective Toyotas should "stop driving them."  He later clarified his statement, saying instead that owners should have them repaired as quickly as possible.

NHTSA itself has been criticized for its slow response to consumer complaints about Toyota acceleration problems, some of which date back to 2003. According to Joan Claybrook, a former head of NHTSA, several investigations were opened, then closed based upon information provided by Toyota. According to NPR, she said, "I think as a result, some people have been killed and injured that wouldn't have otherwise." (NPR, Feb 4, 2010.) 

Consumer Alert

This week Toyota finally began shipping replacement parts to dealers for the gas pedal recall. Checks with some dealers in Massachusetts revealed that free rental vehicles are available. If the dealer does not have the part, it should still provide you with a free car should you choose to leave it at the dealer for repair. Many Massachusetts consumers are rightfully fearful that their car could be involved in a motor vehicle accident.

The same courtesy should apply to the defective Prius models, and consumers should feel free to demand that the dealer provide them with a safe, alternative vehicle until their cars are fixed.

Affected Vehicles 

Models affected by the recall include:

• 2009-2010 RAV4


• 2009-2010 Corolla


• 2007-2010 Camry


• 2009-2010 Matrix


• 2005-2010 Avalon


• 2010 Highlander


• 2007-2010 Tundra


• 2008-2010 Sequoia

Please see our earlier blog on Toyota recalls for additional safety information.

More Information

Much additional information on the Toyota recall is available from the NHTSA website, www.nhtsa.gov.

Answers to Questions About Toyota Repair Plans, NY Times, Feb 1, 2010

US Launches Probe of Prius Brakes, Reuters, Feb 4, 2010

Continue reading "Toyota's Headaches Continue--Massachusetts Prius Owners Should Be Aware of Defective Brakes" »