Kentucky Injury Law News

The National Highway Traffic Safety Administration announced two recalls on Nov. 2 that involve about 1 million vehicles around the country manufactured by BMW. The recalls address two issues that have been linked to a series of fires involving parked BMW vehicles, and cars and SUVs manufactured between 2006 and 2011 are covered. BMW says that its dealers in Kentucky and across the U.S. will have the parts necessary to perform the recalls by Dec. 18, and owners will not be charged for the work.

When reports emerged in May about more than 40 parked BMWs catching fire, the German carmaker denied that a product defect or manufacturing issue was to blame. Some of the vehicles involved had been idle for several days before going up in flames according to the reports, which BMW blamed on nesting rodents, arsonists or vehicle owners who relied on untrained mechanics or failed to properly maintain their vehicles.

One of the recalls calls for faulty positive crankcase ventilation valves to be replaced in 740,561 BMW cars and SUVs produced between 2007 and 2011. The second recall involves checking, and replacing if necessary, the wiring and electrical connectors in the air conditioning and heating systems of 672,755 BMW vehicles produced between 2006 and 2011. The total number of vehicles being recalled is less than these two figures combined because some of the models involved are covered by both recalls.

Many Kentucky residents who suffer from severe allergies rely on EpiPens to deliver potentially life-saving doses of epinephrine. EpiPens are designed to administer the drug quickly and simply to stave off anaphylactic reactions, but recent media reports reveal that the Food and Drug Administration has linked the device to seven deaths during the first nine months of 2017. Malfunctioning EpiPens have also caused at least 35 people to seek hospital treatment, according to the FDA.

The FDA has reported issues with EpiPens in the past, but the problem seems to be getting worse. The FDA received four reports about EpiPen and EpiPen Jr. failures in 2012 and 12 in 2013. However, 67 reports were received in 2014. The pharmaceutical company that manufactures EpiPens says that the defect responsible for the problems is extremely rare, and they point out that higher failure rates can be expected when products like EpiPens are used by individuals with no medical training under highly stressful conditions.

The higher number of reports could also reflect the media attention that the EpiPen has been receiving. Consumers reacted angrily when the price of the devices was increased from $50 to $300 in 2016, and the FDA sent a warning letter to the maker of EpiPens in September after inspectors found epinephrine leaking out of the devices at a Missouri plant.

Many Kentuckians like Subaru cars because of their features and fuel economy. According to news sources, the company recently admitted that it conducted inspections that did not meet the Japanese ministry’s standards for over 30 years and might recall as many as 275,000 cars.

News sources report that Subaru’s inspections during the manufacturing process did not comply with the rigorous inspection standards that were required by the Japanese government. The company admitted that it used unlicensed inspectors during its process while the government requires that the inspections are performed by licensed inspectors.

The company stated that there isn’t anything wrong with the cars that did not receive proper inspections, but it is mulling over whether or not it should recall them anyway. The affected cars are all in the Japanese domestic market. The company states that cars that were manufactured for export to other nations, including the U.S., would not be affected by any inspection-related recall of the Japanese cars.

Modern automobiles are marvels of technology and engineering, but even the most sophisticated mechanical and electronic systems can and do fail. The National Highway Traffic Safety Administration protects road users in Kentucky and around the country by making sure that manufacturers address safety defects promptly. In fact, the federal safety watchdog has ordered the recall of more than 390 million potentially dangerous vehicles, 46 million defective tires and 42 million child safety seats since 1966.

The NHTSA orders vehicle recalls when it learns of potentially dangerous defects like airbags that sometimes deploy unexpectedly or ignition switches that can get stuck and cause crashes. While these problems are sometimes brought to the NHTSA’s attention by car manufacturers or parts suppliers, they often only become apparent after cars have been involved in accidents and road users have been killed or injured.

The NHTSA generally only orders recalls when product defects represent a legitimate hazard to passenger vehicle occupants or other road users. Therefore, vehicle owners may be wise to check the safety agency’s website regularly for information about any outstanding safety issues. Motorists who notice defects or unusual vehicle behavior and wish to alert the authorities should contact the NHTSA’s Office of Defects Investigation. The ODI contacts manufacturers about safety problems and orders recalls when a series of incidents can be traced back to a defective part, faulty design or some lapse in the manufacturing process.