New Mexicans have every right to expect that products marketed and sold to them will be safe to use. When companies use dangerous manufacturing techniques, bad designs or choose not to warn about dangers of their products, people get can get seriously hurt or killed.
At the law firm of McGinn, Carpenter, Montoya & Love (MCML), we go to battle against corporations that choose to profit from dangerous products at the risk of their customers. No corporation is too large for us to confront. We have the skill and resources to challenge even the largest companies and obtain justice for our clients.
Our product liability attorneys are available to handle a wide array of cases involving injuries or death from:
- Food poisoning/botulism
- Poorly designed motor vehicles
- Defective tires, seat belts, air bags and other auto parts
- Dangerous hip implants, such as those by Stryker and Zimmer
- Defective medical devices or prescription drugs
- Poorly manufactured tools and appliances
- Unsafe children's toys, clothes and furniture
- Other dangerous and defective products
Set up a free consultation about your possible product liability claim by calling our Albuquerque office at 505-633-8796 or by contacting our lawyers online. We are ready to listen to your story and provide the legal guidance you need.
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Garcia v. Fleetwood and Reese, United States Federal Court District Court of New Mexico.
Our client, Josie Garcia, was rendered a quadriplegic for life when her Fleetwood 5th wheel trailer fell on her head while she and her husband were hitching it to a Reese 5th wheel hitch. We handled a case against the distributor of the trailer in California state court as well as a case against the manufacturers of the trailer and the hitch in New Mexico federal court.
We used extensive animations and graphics to demonstrate how the devastating injury occurred. After a trial and two settlement agreements, Josie was able to retrofit her home so that it is wheelchair accessible, and to obtain the in-home medical care that she required to deal with the challenges of being quadriplegic. Despite her devastating injuries, Josie, who was one of the strongest people we've ever known, lived for many more years.
Family of Chris Caffrey v. Bumble Bee Foods and Castleberry Foods – Food poisoning case
Canned foods are safe if the manufacturer follows government and industry rules to heat the sealed can beyond the boiling point to destroy botulism spores. This simple standard is so effective that, before this case, the last botulism outbreak from commercially canned food had occurred in 1974. However, if the heating rules are not followed, any live botulism spores grow inside the can waiting to poison those who eat the contents.
In 2005, the Castelberry canning plant, which had been safely canning food for years, in Augusta, Georgia, was purchased by a Canadian corporation. That corporation began cost-cutting measures, including firing experienced personnel and foregoing repairs on equipment designed to heat the canned food to the safe temperature. Although FDA inspections reported numerous problems at the plant, they were not fixed.
In the spring of 2007, improperly heated cans of chili and beef stew from the plant were distributed across the United States and reports of botulism poisonings began appearing in the press. Rather than making sure that its dangerous canned goods were removed from shelves of local grocery stores, the company hired a public relations firm to protect its image.
One of the botulism-tainted cans made its way to a small market in Bernalillo, New Mexico, where it was bought by 53-year-old Chris Caffrey. Chris was a remarkable man who, despite having suffered a brain injury as a teenager, had been self-sufficient all his life. Retired from his job delivering newspapers, he worked in the community helping his church and his favorite charity, the animal shelter, where he adopted his two dogs. After eating the tainted canned food, Chris quickly suffered the descending paralysis that ultimately immobilized his whole body, except for his two big toes. Six weeks after entering the hospital, he died.
Our office performed extensive investigation into the mechanical breakdown at the Georgia plant which under-heated the cans and allowed botulism into the marketplace for public consumption. The case about the tragic loss of this kind and unassuming member of our community was resolved without a trial.