Attorney Daily - Your source for the most important legal news

On September 15, 2008, Nissan Motor Co Ltd announced a recall of 204,361 vehicles from its 2007 and 2008 model years in the United States due to the possibility that a passenger side airbag could fail to deploy properly in an accident.

The voluntary recall covers 2007 and 2008 Nissan Altima, Altima Coupe, 350Z, Murano and Rogue; and Infiniti G35 Sedan, G37 Coupe and EX35 built from March 12, 2007 to May 27, 2008, the company said in a notice to the U.S. National Highway Traffic Safety Administration.

Nissan said it began to investigate the issue in November 2007 after receiving several warranty reports of airbag warning lamps flashing. In late September, Nissan determined that a safety-related defect existed and it should conduct a recall.

In some vehicles, the passenger side airbag could fail to receive a proper signal and a supplemental airbag warning light could flash and a status light would illuminate to warn the driver that it is not working properly.

Nissan believes less than 1% of the vehicles actually contain the defect. It plans to test the vehicles and replace the hardware if necessary. The recall is expected to begin November 3, 2008.

Continental Automotive Systems U.S. Inc supplied the component to Nissan, according to the notice from the highway safety administration. The supplier is a unit of Continental AG.

The design is unique to Nissan, a Continental spokeswoman said.

On October 30, 2008, the consumer group Public Citizen asked the FDA to ban GlaxoSmithKline PLC’s problematic diabetes drug Avandia over safety concerns. The move follows updated practice guidelines released last week by the American Diabetes Association and the European Association for the Study of Diabetes that recommend doctors not use the drug.

Avandia’s safety record has been gloomy since an analysis of studies released last year suggested it was linked to an increase in heart attacks. In November the FDA strengthened a black-box warning on Avandia telling doctors the product was linked to a potential increase in heart attack risk.

The agency said the drug would remain on the market while a safety assessment continues. FDA officials have said there’s been a split within the agency about whether to pull Avandia off the market or allow it to stay on the market with stronger warnings.

In a petition filed with the FDA, Public Citizen said that in addition to the heart risks it identified 14 cases of Avandia-induced liver failure, including 12 deaths after a review of adverse-event reports filed with FDA. In a statement, GlaxoSmithKline said it had not yet looked at the petition but said that “we do not believe there is a connection between liver toxicity and this medicine.” The company said Avandia was safe and effective when used appropriately.

The FDA didn’t immediately return a request for comment on the petition.

Sales of Avandia have fallen sharply since the safety questions surfaced last year, but Public Citizen said about 10,000 prescriptions are still being filled a day for Avandia.

An estimated 20 million Americans have Type-2 diabetes, a disease characterized by high blood-glucose levels that result from the body’s inability to use insulin. Insulin, produced by the pancreas, is needed to take sugar from blood into cells.

Drugs such as Avandia, and a similar drug Actos by Takeda Pharmaceutical Co., are designed to make the body more sensitive to insulin in order to help lower blood sugar. Other drugs used to treat diabetes include sulfonylurea drugs, which work to stimulate the pancreas to release insulin, and metformin, which works on the liver to reduce blood sugar. Diabetes itself increases the risk for cardiovascular disease, kidney disease, blindness and amputations.

The FDA approved Avandia for use in treating Type-2 diabetes in 1999. Although Actos is similar to Avandia it has not been linked to a possible increase in heart attacks. Both drugs carry a warning about increased risk of heart failure or the inability of the heart to properly pump blood.

On October 29, 2008, Bridgestone Firestone North American Tire announced a recall of 162,000 tires made at a Costa Rican plant in 2006 and 2007 and sold in the United States and Canada.

Bridgestone is recalling the all-season passenger car tires because they failed to meet internal standards, adding that continued use could lead to vibration and groove cracking. The voluntary recall involves 135,000 Firestone-brand FR380 tires in the size of P235/75 R15 and 27,000 LeMans Champion SE P235/75 R15 tires.

Consumers can get free replacements at participating independent Firestone tire dealers or through Firestone-owned stores. The replacement tires will be mounted and balanced for free, as well, the tire company said.

The recalled Firestone tires have the following DOT serial numbers on the sidewall: WBHL 380 2306 through and including WBHL 380 3507, or WBUL 380 2306 through and including WBUL 380 3507.

The recalled LeMans Champion SE tires have DOT serial numbers WBHL LC0 2306 through and including WBHL LC0 3506.

People with questions or who want additional information may call toll free: 1-800-465-1904.

Nashville-based Bridgestone Firestone did not have an estimate on how much the recall will cost the company. The recalled tires will be recycled, a spokesman said.

The National Highway Safety Transportation Administration says since 2002 it receives on average 20 tire safety recalls annually.