San Bruno Judge Orders 16 "Representative" Fire Cases to Trial in 2012.

Posted on September 22, 2011 by Kristine Meredith

On July 2, 2012, trial will begin in 16 San Bruno Explosion cases. The Court ordered that the cases to be tried first will be representative of the following eight categories of lawsuits that have been filed:

  1. Wrongful death
  2. Serious bodily injury which required hospitalization.
  3. Minor bodily injury which required some medical treatment and total property loss.
  4. Minor bodily injury which required some medical treatment and lesser or no property loss.
  5. Bodily injury, present at the time of the explosion and total property loss.
  6. Bodily injury, present at the time of the explosion and lesser or no property loss.
  7. Homeowner not present at the time of the explosion and total property loss.
  8. Homeowner not present at the time of the explosion and lesser or no property loss.

"Bodily injury" includes emotional distress cases. Victims select eight cases and PG&E selects the other eight. Often a case includes members of the same household who have suffered varying degrees of injuries. If so, then the case will be defined by the most severe category of claim.

PG&E continues its double speak. Repeatedly, PG&E attorneys told the Court that it doesn’t blame the explosion victims for their injuries. But when pressed, PG&E would not withdraw its legal arguments that the victims may bear some responsibility for their injuries. The touchy-feely public relations voice cannot be trusted until PG&E changes its legal position. Because of the double speak, the selection of representative cases will be tricky. PG&E may have evidence of turpentine in the garage or failure to timely evacuate – right now victims can only speculate how PG&E intends to cast blame at trial.

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The Future of Pain Assessment

Posted on September 21, 2011 by Kristine Meredith

Objectively measuring physical pain has been impossible. Doctors have relied on a patient’s self-report. And when asked to compensate accident victims for pain and suffering, so have juries.

But all that may soon change. Recently Stanford University researchers have used brain images and computer technology to assess pain.  In this study, a computer was “trained” to read brain images and assess pain levels. The researchers began by taking brain images of participants who were presented with painful and non-painful stimuli. The patterns of brain activity provided an objective physiologic assessment of whether someone is experiencing pain. The computer was 81% accurate at distinguishing painful v. non-painful stimuli.

Clinically, this tool will be most helpful to detect pain in infants, seniors with dementia, and sedated patients. But practically, it may lead to advances in pain management while establishing the credibility of victims who report they are living with ongoing pain.
 

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Judge Finds Ford Concealed Evidence of Unintended Acceleration

Posted on September 15, 2011 by Kristine Meredith

Last month Judge Swigert, of Florida, overturned a jury verdict in Ford’s favor.  The judge decided that that Ford had systematically concealed more than 30 years of data related to the problem of electromagnetic interference (EMI) and unintended acceleration (UA). The Judge’s 51-page decision lists Ford’s bad acts which include:

  • lying to NHTSA,
  • destroying evidence that EMI caused UA, and
  • misleading its own experts.

Because of its fraud, Ford will have to face a new trial in which the jury decides only the amount of compensatory and punitive damages Ford should pay Mrs. Simpson, a Ford owner who was left permanently paralyzed by the UA of her Aerostar. The Safety Record Blog recounts how Judge Swigert detailed Ford’s concealment here.

Judge Swigert's decision undermines the foundation of Ford’s UA defense and spotlights NHTSA's inability to properly investigate consumer complaints. While the decision focuses on Ford’s malfeasance, the criticisms set forth in the opinion also undercut many theories that other car manufacturers, including Toyota, rely upon today.
 

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