Blog

With more than 35 years of experience, the team at Hurley McKenna & Mertz has built a reputation for tackling some of the country’s most complex and emotionally challenging legal cases. Our attorneys and staff have worked together for decades, guided by trust, respect, and a shared commitment to the truth.

The HM&M Blog is where we share insights, resources, and updates across our core practice areas:

Medical Malpractice – Breaking down patient rights, hospital responsibilities, and the realities of pursuing claims against healthcare providers.
Sexual Abuse – Covering legal developments, survivor resources, and our fight to hold institutions accountable.
Vehicle Accidents – Offering guidance on navigating insurance, liability, and recovery after serious crashes.
Personal Injury – Helping victims understand their options for compensation when negligence causes harm.
Product Liability – Shedding light on unsafe products and the corporations that must be held responsible.
Nursing Home Abuse – Advocating for the safety and dignity of vulnerable elders facing neglect or mistreatment.

Through this blog, we aim to make the law more accessible, highlight important case updates, and provide information that empowers victims and families to take the next step toward justice.

Product Liability

Updates on dangerous products, corporate responsibility, and protecting consumers from defective goods.

FDA Orders Recall of Ultrasonic Medical Scope Cleaning Machines Due to Risk of Infection

Doctors and surgeons rely heavily on medical devices to ensure patient safety. Unfortunately, there is an alarming number of defective medical devices out there. When physicians learn the truth, they are often disturbed and upset, but it is the patients who pay the ultimate price—with their health, their wellbeing, and sometimes even their lives. Such may be the case with the FDA's recent recalls on nearly 2,800 Custom Ultrasonics machines. Custom Ultrasonics' Previous Bar

Dec 17, 20152 min read

Crib Bumpers Responsible for Infant Deaths and Injuries but Still Sold in Stores

Crib bumpers, which have been sold in stores for decades, come in everything from simple, basic designs to patterns that coordinate with entire bedding sets. Unfortunately, these adorable bedding accessories—once thought to safeguard babies—are actually defective products that can be lethal to infants. In fact, researchers recently uncovered dozens of deaths and even more injuries. They are now calling for a nationwide ban. The Misconception If you ask most parents why the

Dec 3, 20153 min read

FDA Pushing for Stricter Standards on Medical Tests, Citing Potential Safety and Accuracy Issues

When Americans go to the doctor and are at risk for an illness, they are often administered a test. Some of them have tried and true results but the Food and Drug Administration (FDA) has recently pointed out just how inaccurate, unreliable, and even potentially dangerous to patients others may be. They are now calling for stricter standards to regulate the use and distribution of medical tests. Unfortunately, those new regulations may be too little too late those that have a

Nov 30, 20153 min read

Corporate America: Arbitration Clauses Stripping Consumers of Amendment Rights

Developed to protect Americans from government corruption, the Bill of Rights has afforded us with many freedoms. Yet, behind the scenes, Wall Street companies are silently stripping away some of those very same rights with their muddy legal jargon, intentionally deceptive practices , and carefully planted arbitration clauses. Unfortunately, most Americans are unaware of such practices. It is not until they are completely blindsided that they realize just how much corporation

Nov 21, 20153 min read

Kia Recalls Nearly 400,000 Vehicles for Gear Shift Defect

In a year in which vehicle recalls have hit record numbers, Kia issues its fifth one for the year. This time, the South Korean automaker is recalling 377,000 vehicles because of gear shift defects that can cause the vehicle to roll away or cause an accident. So far, there have been three injuries from the defective car part, but no reported deaths. Too Much Pressure Reportedly Causes Gear Shift to Break According to the press release issued by Kia, the gear shifts crack if

Oct 28, 20152 min read

Stryker Hip Implant Lawsuit

A settlement involving a minimum award of $1.43 billion has been reached in ongoing product liability litigation against Stryker Orthopedics. The 3,000-plus clients represented in the Stryker hip implant lawsuit will each receive a base amount of $300,000 with additional compensation for those who suffered revision surgery complications to remove the defective hip implant. Stryker manufactured and promoted its Rejuvenate and ABG II Modular-Neck Hips implants as having the

Oct 21, 20152 min read

Lack of FDA Regulations on 3D Medical Printing Could be Putting Patients at Risk

The emersion of 3D medical printing has created quite the frenzy due to the stories of lives saved or improved because of the technology. Medical professionals, the media, and even the general public are mystified and entranced by the possibilities, the lives that could be enhanced, and the money that could be saved. But is it really all it is cracked up to be? Or is 3D medical printing a super storm of medical malpractice lawsuits waiting to happen? What is 3D Medical Prin

Oct 7, 20153 min read

Consequences of Tort Reforms: How Minimizing Negligence Penalties for Defective Products Creates Too-Big-to-Care Corporations

There was a time when corporations cared about their products and the effect they had on the general population. It was a time when companies worked hard to prevent the distribution of defective products ; when the system failed and a defect did make its way to the public, the issue was quickly rectified. In some ways, it is an indication of just how much values have changed over the years, but it is an even stronger indication of how the decisions made by lawmakers, legislat

Sep 25, 20152 min read

Chrysler Recalls More than 11 Million Defective Vehicles

In the midst of the Takata airbag recalls , which now includes more than 30 million vehicles, Chrysler has announced a recall on more than 11 million defective vehicles; only this one has nothing to do with Takata. In fact, this recall has nothing to do with airbags at all. It does pose a safety hazard to Chrysler owners, however, and the public deserves to know the truth. Formal Recall Started with Software Issues Recalls initially started after a published a story on Chry

Jul 31, 20152 min read

Asbestos Risk Is Still Present: Study Finds Asbestos in Children’s Crayons

The public has feared asbestos for quite some time, and for good reason. It has been linked to a number of serious conditions, and it is thought to kill up to 15,000 Americans every year. Yet this carcinogen was recently found in crayons and other items marketed to children. The Truth About Asbestos Most people assume that asbestos has been banned and that it is a problem of the past. Unfortunately, this could not be further from the truth; asbestos can be found in products

Jul 28, 20152 min read

Dodge Challenger Added to Growing List of Takata Airbag Recalls

Dodge Challengers have recently been added to the ever-growing list of Takata airbag recalls . Fiat Chrysler Automobiles (FCA) says that the Challengers were "inadvertently excluded" from the original recall list submitted to the NHTSA. The FCA also stated it was not until an audit on July 6 that they realized the 88,346 Dodge Challengers , manufactured between September 2007 and October 2010, had Takata airbags. The Japanese-manufactured airbags contain a propellant that ca

Jul 14, 20152 min read

FDA Issues Class II Recall of Zimmer Knee Implant

Zimmer voluntarily started recalling their Persona Trabecular Metal Tibial Plate knee replacement system in March. The Federal Drug Administration (FDA) issued a Class II recall for all makes and sizes. Companies are responsible for providing product liability for any product they produce and sell. The FDA Class II Recalls are an intermediate level of concern. There is no immediate danger of death or serious injury, but there is still a possibility if the product's use is

May 19, 20152 min read

Black & Decker Fined Again for Delayed Reporting of Safety Hazards

When companies receive reports and supporting evidence of safety hazards for a product they produce, they have a 24-hour window in which they are supposed to report it to the Consumer Product Safety Commission (CPSC). Not doing so can cause other consumers using the product to injure themselves due to the defect. Black & Decker did not comply with the requirement to report the safety defect for allegedly 11 years. They have a responsibility to consumers to report safety defe

May 5, 20152 min read

Injuries Lead Harley-Davidson to Recall Thousands of Motorcycles

Many motorcyclists ride their motorcycles all year, while some only ride during the months of good weather. No matter when they rider take out their motorcycles, they want to know their motorcycle is safe to ride. A recent recall of some Harley-Davidson motorcycles puts some owners at risk. Motorcycle manufacturers have a responsibility to motorcycle owners affected by the recall to ensure the defective motorcycle part gets replaced or fixed so the owner is not in an acciden

Apr 28, 20152 min read

How Does a Vehicle Get Recalled?

Eight deaths and over 100 injuries have been linked to defective Takata airbags . As a result, more than 30 million vehicles from 10 different manufacturers have been recalled. Consumer Report recently released an exhaustive list of those vehicles, as well as some tips for those affected. Which Vehicles are Being Recalled and Why? Toyota, Subaru, Nissan, Mitsubishi, Mazda , Honda, General Motors, Ford, Chrysler, and BMW all have models on the Takata airbag recall list. Mos

Apr 23, 20152 min read

Graco Fined $10 Million Due to Car Seat Recall

In the largest car seat recall in U.S. history, Graco is being fined for not disclosing defects in over six million car seats. Defects in children's car seats are a safety hazard and a product liability. Parents put their confidence in the car seat manufacturers to ensure that the car seats are safe and reliable. Knowing about a defect and not alerting consumers in a timely manner is a product liability and the manufacturer should be held responsible. The National Highway T

Apr 14, 20152 min read

Over 40 Thousand BMW Motorcycles Being Recalled

Many motorcyclists are passionate, not only about the type of motorcycle they ride, but also about their safety. What happens when motorcyclists' safety are put in jeopardy by the company who produced their bike because of a defective part? The motorcycle manufacturer who produced the parts is responsible for product liability if there is a defective part. Motorcyclists should not have to be concerned about having their motorcycle breaking while they are riding due to a part

Apr 2, 20152 min read

FDA Refuses to Pull Endoscopy Devices Linked to CRE Superbug

In the last several months, two hospitals in California have reported outbreaks of what officials are referring to as the CRE superbug. At Ronald Reagan UCLA Medical Center in Los Angeles, two patients died after being infected and five others continue to receive treatment. Medical officials have reached out to nearly 180 additional patients who may have been exposed at the facility. The outbreak has been traced to a particular medical device , which federal regulators are, s

Mar 12, 20153 min read

Why are Takata Airbags Still on the Road?

The Takata airbag recall has not gotten better in the months since it started. More vehicles have been added to the recall list and more deaths have been linked to defective Takata airbags . A national recall started in November 2014, but Takata is just now apologizing for the deaths and injuries their defective airbags have caused. Is their apology too late for some consumers and automotive companies though? An apology and deep bow from Takata's chief executive, Shigehisa

Mar 8, 20152 min read

Takata Fined $14,000 Daily for Faulty Airbags

The United States is fining Takata Corporation, a Tokyo, Japan-based company that manufactures airbags, $14,000 each day due to non-compliance in the investigation into their faulty airbags. Late last year, the National Highway Traffic-Safety Administration (NHTSA) initiated a product recall on vehicles using Takata airbags . The company is responsible for covering product liability to consumers affected by the recall. With over 7.8 million vehicles affected by the recall,

Mar 6, 20152 min read