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Vermont & New Hampshire Injury Blog

At Van Dorn & Curtiss, we are dedicated to providing you with legal information regarding automobile accidents, medical malpractice, dangerous products, unsafe property conditions, dog attacks and industrial accidents.  We represent accident cases in Western New Hampshire and Eastern Vermont.
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Product Liability

4/22/2010
Ed VanDorn
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Toyota Suspends Sales of Lexus Model Then Recalls the Vehicles

Toyota announces the recall of all 2010 Lexus GX 460’s stemming from a Consumer Reports article indicating the dangers of the car rolling over while turning.

12/22/2009
Ed VanDorn
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Do you drive a Lexus or Toyota? Has your car been recalled?

Toyota is facing an enormous battle. Already over 4.2 million of their vehicles have been recalled due to a dangerous malfunction. Now they are being investigated by the NHTSA over allegations that other models stall at random. If you drive a Toyota or Lexus please contact your dealership as soon as possible to see if your car is part of the recall. If you have been injured or made ill by a defective or poorly made product please call your experienced New Hampshire product liability attorneys at Van Dorn & Curtiss today for your free consultation. 1.877.611.9622

8/20/2009
Ed VanDorn
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Sign-up for CPSC e-mail Alerts | Avoid Recalled Products | NH Attorney

Trying to keep up with the thousands of recalled products is seemingly impossible.  It is simply outrageous that manufacturers continue to distribute unsafe and dangerous products to the public.  These products injure and kill thousands of people, both adults and children, every year.

Aside from moving to a cave and becoming hermit how can you protect yourself from dangerous products?  One tool is the CPSC's e-mail alert system.  By signing up for their e-mail alerts you will automatically get a list of recalls straight from the Consumer Protection Safety Commission.   

Click here to sign-up for one or multiple e-mail alerts.  

At Van Dorn & Curtiss we are passionate about defending the injured and keeping you safe.  If you believe that an unsafe or defective product has hurt you or your child please contact your NH personal injury attorney at Van Dorn & Curtiss today.   

6/1/2009
Robin C. Curtiss
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Personal Injury due to Product Defect

A quadriplegic musician has won $18.3 million verdict against Ford Motor Company. Dax Pierson was on his way with his band to their next gig when their van slid off the road and rolled over. Mr. Pierson's seat dislodged from its position while upside down allowing him to hit his head on the roof, paralyzing him.  No one else in the van was injured.

Mr. Pierson sued Ford saying that the company created a defective seat latching mechanism that caused his seat to come loose. But lawyers for Ford argued that the design was defective and that the driver was partly at fault. Did you read that? The design was not defective (denial) and that the driver was partly at fault (shifting of blame). That is the strategy of the defense and this is why you need a lawyer on your side that is ready to do battle. Because the guy on the other side is going to deny that you're injured and blame you for your accident, even if you are sitting there in your wheelchair unable to move your arms and legs.

At Van Dorn & Curtiss, we show up against these guys prepared for their antics. We've seen it before and we come armed with facts. We seek out truth and work to get you the best settlement or verdict possible. 



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3/4/2009
Edward M. Van Dorn, Jr.
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Supreme Court issues opinion in Wyeth v. Levine

A few months ago we posted a blog to our website titled “How does the United States Supreme Court affect personal injury claims in Vermont?”  This blog addressed the case of Wyeth v. Levine.  In this case, the musician Diana Levine had lost part of her arm due to an infection caused by a painkiller manufactured by Wyeth.  During the case, Wyeth asserted that it was not responsible for the personal injuries suffered by Levine because the FDA had approved the painkiller.  Wyeth argued that the federal government, through the FDA, regulates drugs, and that people injured as a result of taking such drugs should not be able to sue the drug makers in court as long as they had followed the FDA guidelines. 

The Vermont Supreme Court issued a ruling in favor of Diana Levine, holding that Levine was not in fact barred from bringing her suit.  The case was appealed all the way to the United States Supreme Court in 2008.  The Court issued its opinion, today and agreed with the Vermont Supreme Court and personal injury plaintiff Diana Levine!! 

This is a major defeat for the pharmaceutical industry and a major victory for personal injury plaintiffs all over the country.   In essence, the Supreme Court held that state law tort suits are not pre-empted by the federal law governing drug labeling.  In other words, federal regulations do not trump state actions. 

Both attorneys on the case issued opinions to the Wall Street Journal which can be found on their blog.  Wyeth’s lawyer said: “We believed that Federal law prohibited the company from revising its product label as the Vermont court required, and we regret that the Supreme Court disagreed. The medical and scientific experts at FDA are in the best position to weigh the risks and benefits of a medicine and to assess how those risks and benefits should be described in the product’s label.”

Levine’s lawyer said: “The Supreme Court’s opinion reaffirms the important role state law plays in promoting consumer safety and providing compensation for injuries. More importantly, the decision permits Ms. Levine to put this chapter behind her and to move on with her life.”


1/29/2009
Ed VanDorn
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Peanut Butter Product Recalls Affect New Hampshire

New Hampshire is not the only state affected by the recent outbreak of salmonella cases.  43 states and over 501 people have reported cases of salmonella poisoning due to tainted peanut butter.

Though the source has been found and recalls are topping out at over 200 products, be sure to double check any item you eat that contains peanut butter.  The U.S. Food and Drug Administration adds new product recalls to this site as they become available.  Before consuming any peanut butter food item please check the list.

Recent outbreaks of salmonella and E. coli highlight the dangers of mass produced food.  Sadly, food is not the only product that has a history of causing harm.

From cribs to toys containing toxic levels of lead, we as consumers must be wary of any item we bring into our home.  Children's products are meant to bring comfort and joy yet the list of toys too dangerous to play with grows by the day. 

Recent legislation attempts to fix some of the testing problems related to kids products, yet the numerous recalls, illnesses and even deaths have made consumers wary of buying things for their children and homes.  Who can blame them?

If you or your child has been adversely affected by a product, please contact us today.  Only a lawyer who knows product liability can help you and prevent others from being harmed.



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