DaVinci Surgical System Poses Unusual Patient Risks for Gynecological Surgeries

The daVinci surgical system has been in the forefront of the national news lately. Manufactured by Intuitive Surgical, the daVinci is a complex robotic system which is

represented as being a way in which various surgeries can be performed in a minimally invasive manner. The company represents that because the surgeries are

“minimally invasive”, there is less scarring, less blood loss, and less surgical recovery time for the patient.

To use the system, the surgeon controls the giant robot from a console. Through small incisions, the tips of the robotic arms are maneuvered from the console to perform

surgery. The device is most often used in hysterectomies and other gynecological procedures, but it can be used for other surgeries, including prostate surgery.

Use of the system is NOT without risk, however.  The FDA’s MAUDE system lists approximately 20,000 adverse events involving the daVinci over the last decade.  The list contains

catastrophic injuries and 274 deaths. In fact, there have been reported injuries to the ureter, colon, and other tissue and body organs. There have been reported injuries to

arterial vessels, causing extensive blood loss.

According to a recent report by NBC News, the daVinci has also had 175 recalls. While some of the recalls were initiated for minor revisions and changes, some were also

required to prevent additional patient injury. Perhaps most unexpected, there have been thermal, or burn injuries reported by doctors and patients. In a 2013 Warning Letter

issued to the manufacturer, the FDA noted problems caused by electrical arcing.  Specifically, it has been reported that electricity arced from the tip of the robotic arm to the

patient’s flesh, causing the patient to suffer burn/ thermal injuries. Certainly, most patients who agree to undergo “minimally invasive” surgery do not expect electrical burn injuries

to tissue or body organs.

While some of the problems with the daVinci are related to the dangers of the device itself, other problems are attributable to lack of surgeon training on the device.  It is reported

that a surgeon’s inadequate training is a leading cause for patient injuries. It might surprise patients to know that there are no training requirements imposed on a surgeon before a surgeon

can use the device. While the manufacturer offers training, it does not require training before the device is sold.  Further, the FDA has stated that it has no authority

to oversee a surgeon’s training or to impose training requirements on a surgeon before the device is used on patients.  

Thus, a patient given the option of surgery with the daVinci system is faced with a daunting choice: either opt for an open procedure with all of the usual risks and down-time of the procedure,

or agree to the robotic technique and trust that the patient’s surgeon has the capability to control the robot without incurring injury.

   

Waymo launches nation’s first commercial self-driving taxi service in Arizona.

The AP (12/5, Liedtke) reports Waymo launched its commercial self-driving taxi service, known as Waymo One, in Arizona Wednesday. At first, the service “will only be available to a couple hundred riders, all of whom had already been participating in a free pilot program that began in April 2017.” The service will also be “confined to a roughly 100-square-mile area in and around Phoenix, including the neighboring cities of Chandler, Tempe, Mesa, and Gilbert.”

        Venture Beat (12/5, Sawers, 55K) reports that the self-driving vehicles “will be available round the clock in the Metro Phoenix area, and it is worth noting here that although the cars are fully self-driving, a ‘driver’ will be present in the car at first.” However, Venture Beat states that “Waymo isn’t really pitching these as ‘safety’ drivers as it doesn’t anticipate their having to step in to take control – it’s more about peace of mind for people apprehensive about stepping inside a driverless vehicle.”

        The Arizona Republic (12/5, Randazzo, 903K) reports that “Waymo doesn’t disclose how many of its Chrysler Pacificas are on the road in Arizona but reports 600 in operation nationally.” The Republic notes that the “company also placed orders for 62,000 more Chryslers and 20,000 Jaguar I-Pace electric vehicles this year that it says will be used to expand the ride service in the coming years.”

        Ars Technica (12/5, Lee, 536K) reports that “passengers will hail vehicles with a Waymo One app, which will be available for both iOS and Android phones.” The apps are similar to the ones developed by Uper and Lyft in that it “prompts the user to enter a pickup location and a destination.” The app also “provides estimates of the cost and likely arrival time before the customer books the ride.”

        According to Ars Technica, “fares are based on time and distance, and customers can expect fares to be roughly on par with what you’d pay for an Uber or Lyft trip --perhaps even a bit lower.” For example, Ars Technica’s Timothy B. Lee said that he punched booked a 4.6-mile trip into the Waymo app and was charged $7.32 for the trip. According to the article, Lee “punched the same route into Lyft and Uber apps on Tuesday afternoon and got quotes of $8.29 and $9.38, respectively.”

        The Washington Post (12/4, Laris, 13.51M) reports Costa Samaras, an automation and infrastructure expert at Carnegie Mellon University, said the move is a “big leap between testing this stuff and booking and transporting a passenger who’s paying money for a service.” Samaras said, “The trajectory of the industry, not just at Waymo, is going to depend on a lot of these early experiences. Do people feel safe? Do people feel comfortable? Is it seamless? ... If it is, we’ll see more of it. If not, people will go back to the engineering room.”

Is your Frontal or Side Impact Really an Auto Products Airbag Case?

When airbags work properly, they are critical to preventing injuries and saving lives; however, an airbag that is improperly designed or manufactured can seriously injure or kill innocent people. Faulty airbags can fail in a number of ways, including if the airbag:

• Hit an occupant before being fully inflated.
• Punched out of its storage compartment and strikes an occupant with excessive force.
• Deployed unnecessarily in a minor accident, causing injury that would not have happened otherwise.
• Ruptured and sprayed shrapnel into the vehicle compartment, like the problem with Takata airbags.
• Failed to deploy.
• Had incorrectly calibrated sensors that caused overly aggressive deployment or no deployment at all.

In airbag cases it is important to evaluate whether the airbag caused or enhanced the injury, such as loss of an eye, blindness, head trauma, shrapnel injury, or failed to deploy and prevent a catastrophic head or spinal cord injury.

Defective Auto Seatbacks and Seatback Strength

I was asked the other day by a friend about where to look to find out about information on the strength of driver’s seatback in a rear impact. The unfortunate reality is, there is precious little information available to the public on the performance and strength of seats in rear impacts, and we see all too often the seatback collapsing in a rear impact causing the person to fly into the rear seat and either strike the person sitting in the rear seat or striking their head and neck on the rear seat causing severe head and spinal cord injuries resulting in death or paraplegia. The average driver or front seat passenger do not expect their seats to collapse in a rear impact.

On average, Americans drive about 46 minutes per day, but rarely do people give a second thought to the quality of the auto seat they sit in for nearly an hour a day, even though their safety depends on it. Unfortunately, when vehicle seats are not structurally sound in their design and build, they become dangerous products that fail at the most critical times and cause catastrophic injuries to occupants.

The seat back mechanism in most passenger vehicles on America’s roads and highways is less structurally sound than a lawn chair you can purchase from a discount retailer.

For more than 30 years, injured people and their families – as well as referring attorneys – have turned to Atlee Hall, LLP for help with catastrophic injury cases involving vehicle seat defects. During that time, we have taken on the world’s largest auto product manufacturers in cases involving a range of auto seat defects, including:

• Seat Back Defects. The seat back mechanism in most passenger vehicles on America’s roads and highways is less structurally sound than a lawn chair you can purchase from a discount retailer. If a seat back collapses backward in a rear-impact crash, the seat occupant and passenger in the seat behind can be seriously injured.
• Seat Track Defects. If the force of a rear impact causes the seat tracks to separate, the seat will collapse backward and throw the occupant toward the rear of the vehicle, likely causing head and neck injuries and harm to anyone sitting in the rear seat.
• Seat Recliner failures. The seat recliner is used to adjust the angle of the seatback, often times using a weak single recliner with teeth on a gear mechanism that spate or strip resulting in the seat collapsing and catapulting the occupant into the rear seat.

Anytime someone has sustained a catastrophic head, spinal cord or fatal injury in a rear impact a close examination of the safety performance of the seat must be evaluated.

AP investigation shows thousands of unsafe devices cleared by FDA through streamlined pathway.

In a nearly 3,800-word piece, the AP (11/27) reports the FDA’s declaration it strives to be “first in the world” to approve critical medical devices “mirrored the talking points of the $400 billion medical device industry...and ushered in a series of changes that critics say have allowed manufacturers to seek regulatory approval for high-risk devices using smaller, shorter, less rigorous studies that provide less certainty of safety and effectiveness.” Under Dr. Jeffrey Shuren, director of FDA’s Center for Devices and Radiological Health, “annual new device approvals have more than tripled, while warnings letters to device manufacturers about product safety and quality issues have fallen roughly 80 percent, an Associated Press investigation found.” According to an AP analysis of FDA data, since 2012, “tens of thousands of injury and death reports have been filed in connection with devices that were cleared through a streamlined pathway that minimizes clinical trial testing.” The agency on Monday “proposed changes to the streamlined system that would push manufacturers to incorporate more up-to-date technology into their devices,” but major reforms “could take years to implement.”

NHTSA receives complaints about “death wobble” with Jeep steering wheel.

The Detroit Free Press (11/19, Lawrence, 1.14M) reports the National Highway Traffic Safety Administration has begun to closely examine complaints recently made about what Jeep enthusiasts call the “death wobble,” which Fiat Chrysler Automobiles spokesman Mike Palese referred to as “steering system vibration” in an email, in which Palese also said the matter is not “a safety issue.” The Free Press says the “death wobble” occurs “after a vehicle hits a bump at highway speeds and then the steering wheel begins to shake, sometimes ‘violently.’” The NHTSA said it had received 11 complaints regarding the issue during the previous month.

        Carscoops (11/19, Anderson) reports Jeep said the issue can be fixed by, according to Carscoops, “tightening or replacing loose or worn steering parts, balancing or changing the tires, having a front end alignment or by installing a new steering dampener.” In addition, the NHTSA stated the issue occurs irregularly and is predictable so the vehicle can always remain under control. Reps. Anna Eshoo (D-CA) and Henry Waxman (D-CA) sent a joint letter to the NHTSA, in which they asked why consumers had not been informed about the issue, and that the NHTSA must evaluate the problem. Also reporting is Autoblog (11/19, 261K).

CEOs of Kia, Hyundai decide not to attend Senate hearing on burning car incidents.

KXAS-TV Dallas (11/14, 397K) reports that according to the Senate Commerce Committee, a hearing regarding the various burning car incidents across the country involving Kia and Hyundai vehicles has been cancelled because the CEOs, who were expected to testify, decided not to attend the hearing. Hyundai “told [Dallas’] NBC 5 it appreciated the concerns of the Senate Commerce Committee and had engaged in frequent and transparent dialogue with its staff.” Kia “said it will continue to work with the National Highway Traffic Safety Administration and Congress in a full and transparent manner.” KXAS-TV says, “Both Kia and Hyundai are now requesting ‘a more comprehensive review of non-collision fires among all automakers,’ citing research that the fires are not only limited to their cars.” The Center for Auto Safety is “displeased with the CEOs of Kia and Hyundai for ‘refusing’ to show up and testify before U.S. Senators.”

Honda recalling vehicles with front passenger airbag inflators over risk of explosion during crash.

WCBD-TV Charleston, SC (11/13) reports Honda is “recalling certain model year 2010-2012 Accord, 2010-2015 Crosstour, 2010-2011 Civic, 2010-2011 Civic Hybrid, 2010-2011 Civic NGV, 2010-2011 CR-V, 2014 FCX Clarity, 2010-2013 Fit, 2014 Fit EV, 2010-2014 Insight, and 2010-2015 Pilot vehicles.” The “front passenger airbag inflators in the affected vehicles may rupture when deploying during a crash, according to the NHTSA.”

Deadly Guardrails on U.S. Roadways

A guardrail buckles on impact with a car. The kinked edge of the buckled guardrail speared the driver’s door impaling the driver’s legs. This is a scenario that should not happen on America’s roadways with a safely designed guardrail. These injuries are preventable with a safe design of the guardrail safety system.

What is supposed to be a roadway safety device and help protect vehicles that for whatever reason may leave the roadway, instead, due to a defective design, fails to absorb crash forces, buckles, turning the guardrail into a spear that either pierces the vehicle or causes it to overturn.  The penalty for an inadvertent departure off the roadway or being forced off the roadway should not be serious injury or death from a guardrail.

Anytime a vehicle has left the roadway and impacted a guardrail the attorney evaluating the case should also look at whether or not the guardrail played a role in causing injury to the people inside the vehicle.

Recall of 1.3M Ford vehicles came only after complaints, federal inquiry.

Forbes (10/29, Cheryl, Jensen, 9.79M) reports that “Ford decided to recall about 1.3 million vehicles in the United States with a stalling problem only after being contacted by federal regulators, according to a report posted on the website of the National Highway Traffic Safety Administration.” The automaker “said officials from the safety agency contacted them in May about complaints from owners of its Focus models” and “after a series of discussions with the regulators Ford said it decided earlier this month that a recall was necessary.” Forbes says “the agency has at least 100 complaints from owners about stalling or driveability issues with the models being recalled.” Forbes also reports that “while the safety agency contacted Ford about the complaints it never posted an official note of its concern on its website” and that “typically such inquiries are made public as ‘preliminary evaluations.’”

Ford Focus recalled for fuel valve.

ABC World News Tonight (10/25, story 12, 0:20, Muir, 8.02M) reported that “nearly 1.5 million Ford Focus cars are being recalled for a defective fuel valve.” As part of the recall, “Ford says customers should keep fuel tanks at least half full until the problem can be fixed.”

NHTSA stops self-driving shuttles after accidents cause review.

Bloomberg Government (10/24) reports that the National Highway Traffic Safety Administration’s decision to review “its procedures for permitting self-driving vehicles on public roads” has led to a moratorium on self-driving shuttles. The review was prompted after “several deadly crashes involving vehicles equipped with self-driving systems, including the Uber crash that killed a pedestrian in Tempe, Ariz. earlier this year.” After complaints from self-driving companies, the NHTSA has “created a group to manage the process, instead of just one person.” 

New company takes subdued, pragmatic approach to self-driving cars.

The Washington Post (10/18, Harwell, 12.5M) reports that three former executives from Google, Tesla and Uber formed a new company called Aurora Innovation, which is developing self-driving technology for carmakers. The executives have introduced a few simple rules, including “no flashy launches, mind-blowing timelines or hyper-choreographed performances on closed tracks.” The company’s approach “reflects a new phase for the hyped promise of computer-piloted supercars: a more subdued, more pragmatic way of addressing the tough realities of the most complicated robotic system ever built.”

Waymo to roll out self-driving ride-hailing fleet in Phoenix later this year.

USA Today (10/10, Cava, 11.57M) reports that “later this year...Waymo, plans an historic first: offering a self-driving, ride-hailing fleet to the public in the city of Phoenix.” Following the fatal incident involving an Uber self-driving vehicle in Phoenix last spring and “a series of Tesla crashes involving that automakers’ Autopilot system, AAA reported that 73 percent of poll respondents said they would be too afraid to ride in a fully self-driving vehicle, up from 63 percent in late 2017,” which makes Waymo’s safety record stand out in that none of its vehicles have caused a “major accident.” Waymo CEO John Krafcik told USA TODAY, “Our test program in Phoenix has opened our eyes to so many real-world scenarios that we hadn’t thought about.” He added, “So while that first 10 million miles has been totally about safety, now the next 10 million can also focus on an improved rider experience.”

Toyota recalls close to one million hybrid vehicles in US.

ABC World News Tonight (10/5, story 10, 0:20, Muir, 8.25M) broadcast that Toyota is “recalling more than 2 million hybrids over power failure concerns – 800,000 vehicles here in the US” – with “the recall affecting Toyota Prius models built between 2008 and 2014.” According to ABC World News Tonight, certain vehicles can stall “after failing to enter the fail-safe driving mode.”

        CBS News (10/5, 4.39M) reports Toyota “company said Friday that in rare cases the vehicles might fail to enter a ‘failsafe’ driving mode, lose power and stall.” In a statement, NHTSA said, “Owners of recalled model year 2010-2014 Prius and model year 2012-2014 Prius V vehicles should get the free repair when notified by Toyota. All car owners are encouraged to routinely check their vehicle identification number (VIN) for any open recall on Nhtsa.gov/recalls.”

Ford recalls hundreds of SUVs for door defect that can increase injury risk in crash.

Roadshow (9/14, Krok, 3.05M) reports that Ford is recalling 555 2018 Ford Edge and 2018 Lincoln MKX SUVs built between July 27 and July 31 of this year at the Oakville Assembly Plant in Ontario, Canada. According to the story, “the striker bolts, which are the bolts that the door latch connects to when closed, might be 5 millimeters shorter than they’re supposed to be,” which could result in the doors opening “in the event of a crash, which could increase the risk of injury.” Owners of affected vehicles can take them to a Ford dealership for repairs.

GM recalls over one million vehicles due to power steering defect.

USA Today (9/14, Snider, 12.57M) reports that General Motors is recalling “recalling 1.02 million vehicles – certain 2015 Chevrolet Silverado 1500 and GMC 1500 pickups, as well as 2015 Chevy Tahoe, Chevy Suburban, GMC Yukon and Cadillac Escalade SUVs – for defects that may result in a temporary loss of electric power steering” 

NHTSA accused of ignoring calls for crash-avoidance technology in large trucks.

The AP (9/15) reported, “Tractor-trailers and other large trucks aren’t required to have crash-avoidance technology, despite thousands of crashes annually and repeated calls for it to be mandated.” The Kansas City Star found that NHTSA “has largely ignored repeated pleas from the National Transportation Safety Board to take action that would prevent trucks from rear-ending other vehicles. Only a small percentage of semis on the road today have collision avoidance technology, although on at least 10 occasions since the late 1990s, the safety board recommended that NHTSA require forward crash avoidance and mitigation systems on all heavy trucks.”

GM recalls 1.2 million vehicles over power steering issue.

Reuters (9/13) reports that GM said Thursday it is recalling 1.205 million pickup trucks and SUV worldwide over issues that leads to a “temporary loss of power steering.” The affected vehicles covered by the recall are 2015 Chevrolet, GMC and Cadillac pickup trucks and SUVs. GM spokesman Tom Wilkinson “said the automaker has received reports of 30 crashes and two injuries, but no deaths linked to the recall.”

        The AP (9/13) reports that “more than 1 million of the trucks are in the US, and most of the rest are in Canada and Mexico.” A small number of the affected vehicles are in other countries. Last year, GM recalled 2014 model year trucks over the same issue.

        USA Today (9/13, Bomey, 12.57M) reports that GM told the NHTSA in a regulatory document, “These vehicles may experience a temporary loss of” electric power steering, “followed by a sudden return,” especially “during low-speed turning maneuvers.” GM said, “The loss and sudden return of EPS assist typically happens within a 1 second period and is caused by an electrical/software issue.” The automaker “said it launched a safety investigation on the matter on June 28” and following an analysis of “customer complaints, conducting tests and completing engineering analyses, the automaker decided Aug. 30 to initiate a recall.”

Self-driving cars will “profoundly change” car culture.

       Bloomberg News (9/12, 4.8M) reports that autonomous vehicles are getting increasingly popular. The article surveys the industry and raises issues, such as the issue of how autonomous vehicles interact with other autonomous vehicles as something that has to yet be “ironed out.” The article raises other issues, saying that “humans will quickly learn how to push these types of suckers around,” antagonizing autonomous vehicles, by jumping in front of them, for example. Despite all of these unresolved issues, the article concludes, self-driving cars will “profoundly change our car culture forever.”

Toyota recalls more than 1 million Prius, C-HR vehicles due to fire risk.

Bloomberg News (9/5, Buckland, Horie, 4.46M) reports that Toyota Motor Corp. has issued a recall on 1.03 million Prius and C-HR vehicles “due to the risk of fire.” The recall will affect 554,000 vehicles in Japan and 192,000 in the US. The cars feature an engine wire harness that is at risk of wear over time

Nissan recalls 165,000 newer vehicles over risk they could turn off while in use.

MLive (MI) (9/4, 983K) reports that Nissan “says it will recall about 165,000 newer vehicles due to the risk they could turn off while in motion.” The automaker “confirmed the recall of the 2017-18 Juke, Frontier, Sentra, Versa, Versa Note, Micra, NV, NV200 and the NV taxi in the U.S. and Canada to both Consumer Reports and CNET’s Roadshow.” Nissan “says it is not aware of any incidents related to the recall, and that this measure is simply ‘out of an abundance of caution.’”

19,400 2012 Toyota Avalons being recalled over front seat belt issue.

Cars (9/4, 925K) reports that “approximately 19,400 model-year 2012 Toyota Avalon sedans” are being recalled due to “a service part manufacturing error at a Toyota supplier,” which may have led to some Avalons having “a front seat belt inner buckle replaced with one that does not correctly identify if the seat belt is buckled.” This could “affect how the airbag system determines the appropriate airbag deployment method in a crash, increasing the risk of injury to the occupant where the front seat belt inner buckle was replaced.”

Man claims Tesla was in auto-pilot mode when it crashed into fire truck.

The San Jose (CA) Mercury News (8/25, Sanchez, 552K) reports Michael Tran, the 37 year-old driver of a Tesla who crashed his vehicle into a fire truck, said, “I think I had auto-pilot on” at the time of the accident early Saturday morning in San Jose. A Tesla spokesperson said the company “has not yet received any data from the car, but we are working to establish the facts of the incident.” The New York Post (8/27, Press, 4.46M) reports similarly

Fiat Chrysler recalls 205K new SUVs, vans in US, Canada, Mexico due to brake issue.

MLive (MI) (8/27, Raven, 983K) reports that Fiat Chrysler “says it is recalling more than 150,000 newer SUVs and minivans in the United States and another 55,000 in Canada and Mexico due to a brake issue.” The automaker “says in a news release the recall affects the 2018 Dodge Journey, 2018-2019 Dodge Grand Caravan, 2018-2019 Jeep Compass and 2019 Jeep Cherokee.” The automaker reports in the news release, “An investigation by FCA US discovered certain shipments of a supplied brake-system component had not been manufactured to specification and were inadvertently installed on vehicles during spring 2018.”

Autonomous car advocates want pedestrians to adhere to traffic laws.

Bloomberg News (8/16, Kahn, 4.46M) reports that some autonomous car advocates believe the large-scale adaption of self-driving vehicles could be sped up if pedestrians can be convinced “to behave less erratically,” such as avoiding jaywalking and crossing streets at designated crossings where autonomous vehicles will be more likely to detect the person. The piece mentions that the US Department of Transportation’s latest guidance on automated vehicles “has stressed the need for such consumer education.” Bloomberg says that the “novelty” of autonomous vehicles can lead pedestrians to “test the technology’s artificial reflexes,” noting that Waymo vehicles “routinely encounters pedestrians who deliberately try to ‘prank’ its cars, continually stepping in front of them, moving away and then stepping back in front of them, to impede their progress.”

Mazda, Suzuki and Yamaha admit to using falsified emissions data.

The Hill (8/9, Keller, 2.71M) reports officials in Japan yesterday announced “that Suzuki Motor Corp., Mazda Motor Corp., and Yamaha Motor Co. have admitted to using falsified emissions data in vehicle inspections, according to multiple reports.” The Hill adds that “the three admissions came in the midst of an internal investigation ordered by the government, the Associated Press reported.” According to a report from Reuters, “Suzuki most often inspected vehicles with manipulated emissions data,” and the report added that “the company confirmed that almost half of its 12,819 new car inspections were improper dating back to 2012.” The Hill adds that “none of the automakers reportedly found problems in their vehicles’ correct emissions and fuel economy performance that warranted a recall.” 

IIHS report raises safety concerns about vehicles with automated assist features.

NBC Nightly News (8/7, story 6, 1:45, Holt, 7.51M) reports that a new report released Tuesday is “raising safety concerns about vehicles with automated assist features, including the autopilot function already available on some newer models.” The new Insurance Institute For Highway Safety (IIHS) report “warned that electronic driver assistance systems may not see stopped vehicles, and may lead you into a crash if you’re not careful.” Of the five models tested, “the group found two of the Teslas, Model S and Model Three, hit a stationary balloon when they had adaptive cruise control on.”

        The AP (8/7, Krisher) reports that IIHS “said on the road, the institute’s engineers found that all the vehicles but Tesla’s Model 3 failed to respond to stopped vehicles ahead of them.” IIHS’ Chief Research Officer David Zuby said, “We have found situations where the vehicles under semi-automated control may do things that can put you and your passengers at risk, and so you really need to be on top of it to prevent that from happening.” Zuby “said IIHS is developing ratings for driver assist systems and eventually will make recommendations on regulations for fully autonomous vehicles”

        The Hill (8/7, Keller, 2.71M) reports that “researchers expressed caution about the viability of testing self-driving vehicles on real roads, pointing to the incident last March when a self-driving Uber prototype hit and killed a pedestrian.” The report said, “The Uber crash in Arizona that took the life of a pedestrian in March shows the hazards of beta testing self-driving vehicles on public roads.”

        Citing the IIHS report, Bloomberg News (8/7, Gardner, 4.46M) says that “the Uber Technologies Inc. self-driving test vehicle that killed a pedestrian in Arizona earlier this year may have been able to avoid the crash had the ride-hailing company not disabled Volvo Cars’ safety system.” The report “criticizes Uber for turning off Volvo’s collision-avoidance technology in the XC90 sport utility vehicle that struck and killed a woman in Tempe on March 18.”

        The story was reported similarly by NBC News (8/7, Eisenstein, 5.76M), CBS News (8/7, Van Cleave, 6.78M), Digital Trends (8/7, Edelstein, 472K), and Business Insider (8/7, Ma, 5.65M)

Volvo Braking System was Disabled in Fatal Uber Crash

The Volvo XC90 involved in the fatal Uber/pedestrian crash had its Volvo-equipped automatic braking system disabled at the time of the crash. Apparently, the Uber Volvo first detected the woman walking her bicycle as an unknown object, then a vehicle, and then a bicyclist. All three of the detections were coded as having an "unknown path", and the system first detected her six seconds prior to the collision. The only braking of the vehicle was from the human safety driver after impact.

Center for Auto Safety asks Ford to recall 1.35 million Explorers over exhaust fumes complaints.

The AP (7/3) reported that the Center for Auto Safety is asking Ford to “recall 1.35 million Explorer SUVs due to continued complaints of exhaust fumes in the passenger compartments.” The group “says it found 44 complaints in a government database about fumes and potential carbon monoxide after owners had taken Explorers in for free repairs in a Ford customer service campaign that started last October.” The group made “its request in a letter to Ford CEO Jim Hackett this week.” The NHTSA has been “investigating the problem for two years in police and civilian Explorers from the 2011 through 2017 model years, but it has not reached a conclusion.”

Under pressure from federal regulators, Kia recalls 580,000 vehicles.

Forbes (6/20, Cheryl, Jensen, 10.34M) reports that “following pressure from federal regulators, Kia is recalling about 508,000 vehicles because the air bags may not protect occupants in a crash.” The recall comes “four years after the automaker was named in a suit alleging air bags failed to deploy, according to a chronology included in a report the automaker made to the NHTSA.” Kia maintained that it “had investigated the issue and didn’t think a recall was necessary” even after its parent company Hyundai “recalled 580,000 vehicles earlier this year for the same problem.” In March, “federal regulators announced it was investigating reports of six accidents involving Kias in which the airbags did not deploy.” Kia continued to resist “saying the design of its vehicles was different,” but in May the NHTSA “formally requested a recall.”

Defective Takata airbags remain in use due to lack of replacement parts.

The South Florida Sun Sentinel (6/18, 601K) reports that owners of some vehicles equipped with recalled Takata airbags have been unable to have their air bags replaced because replacement parts for some vehicles remain on back order. An AutoNation spokesman said that replacements exist for about 90 percent of vehicles with recalled airbags, but some owners have been waiting for years to have their airbags replaced. The piece lists dozens of vehicles for which replacement parts are difficult to acquire.

NTSB sends investigators to look at Tesla Model S explosion.

In continuing coverage, ABC World News Tonight (6/18, story 6, 1:25, Muir, 14.63M) reported that NTSB is sending investigators to look at a Tesla Model S that exploded in Los Angeles. The LA County Sheriff’s Department “said no one was hurt and that the culprit was a battery or mechanical issue.” The AP (6/18) reports that NHTSA said in a statement that it “continues to collect information regarding this incident and will take appropriate action as warranted.”

        NBC Nightly News (6/18, story 4, 1:50, Holt, 8.26M) reported that the incident was caught on video, which has since been viewed over a million times. The car in the video was driven by director Michael Morris. According to Tesla, the fire was an unusual occurrence and that the vehicle’s batteries are fortified to prevent any fire from spreading into the interior.

        The Washington Post (6/18, Holley, 15.68M) reports that the video was posted on Twitter by actress Mary McCormack, who is Morris’ wife. McCormack said in a post that has since been deleted, “This is what happened to my husband and his car today.” McCormack added, “And thank god my three little girls weren’t in the car with him.” McCormack also thanked the “kind couple” who told her husband to pull over. The article notes that in recent months, “Tesla has faced increasing scrutiny about the performance of its semiautonomous Autopilot feature, production delays and the company’s financial health. But batteries bursting into flames have not been an issue.”

Kia recalls more than 500,000 vehicles in US for airbag issue.

The AP (6/8, Krisher) reports on the recall of “over a half-million vehicles in the U.S.” by Kia “because the air bags may not work in a crash.” The story says the recall is connected to Hyundai’s recall, with both automakers now having recalled “nearly 1.1 million vehicles due to the” same issue, “which has been linked to four deaths.” NHTSA has been investigating the issue since March and “said at the time it had reports of six front-end crashes with significant damage to the cars.”

Fiat Chrysler issues recall for 51,000 Jeep Cherokees.

The Detroit (MI) Free Press (5/21, 1.1M) reports Fiat Chrysler Automobiles issued a recall for 51,000 Jeep Cherokees because of an increased risk of a fire due to potential fuel leaks. A company statement said an investigation into the matter “discovered a batch of fuel-supply tubes may have connectors that were incorrectly fitted. If so, they may leak, creating a potential fire risk.” The Free Press reports that Fiat Chrysler said it is not aware of any injuries or accidents caused by the issue.

        Cars (5/21, 931K) also reports.

Testing Automated Vehicles on the Public

Mr. Bunkley makes an excellent point about protecting the public in is blog:

Nick Bunkley wrote a blog this week about the danger that comes with testing new technology in the real world:

"Autopilot, like many similar features being developed by other automakers, has great potential. But there's a reason that other automakers don't roll out such technology without the kind of lengthy, exhaustive testing that Tesla is apparently counting on the general public to conduct. ...

"Vehicles have to be designed not only to protect their occupants, but so they don't pose an undue hazard to others on the road

Continuing coverage: Investigators, experts comment on e-cigarette safety after explosion kills Florida man.

Reuters (5/17, Szekely) reports the U.S. Food and Drug Administration has “taken an interest in the case” of Tallmadge D’Elia, a Florida man who died on May 5 when his vape mod exploded, according to St. Petersburg Fire Rescue spokesman Lieutenant Steve Lawrence. He said by telephone on Thursday that the device’s battery was the most likely cause of the fire. He added, “We feel that the battery had the potential energy to basically turn the vape mod into a missile, and it penetrated the victim’s cranial cavity.”

        The Tampa Bay (FL) Times (5/17, Spata, 790K) reports Michael Felberbaum, a spokesman for the FDA’s Center for Tobacco Products “said it had identified 274 incidents of e-cigarettes overheating, causing fires or exploding between 2009 and 2017,” but these incidents are “under-reported, and they’re currently soliciting such reports at www.safetyreporting.hhs.gov.” Larry McKenna, a fire protection engineer for the U.S. Fire Administration, was paraphrased as saying this month’s death is “a rarity.” He said that when a lithium ion battery in an e-cigarette ignites, it is forced out like “a bullet, or ‘flaming rocket.’” Greg Conley, president of the American Vaping Association, said, “It’s very safe overall when you consider that millions of people use these devices. The few issues you see are when people use mech mods, unregulated devices that don’t have safety features. And in this tragic case, it appears that’s the type of device that was being used.”

Information retrieved from Tesla Model S in Utah crash confirms car was in autopilot mode.

USA Today (5/16, della Cava, 9.97M) reports that according to police, information retrieved by Tesla engineers from a Tesla Model S that crashed in Utah last week corroborates the account the driver gave to investigators that the car was in Autopilot mode. According to USA Today, the driver also told investigators said that she was distracted by her phone. USA Today says that the May 11 accident is a “textbook case of distracted driving exacerbated by technology that, despite providing visual and audio warnings to drivers, is easy for humans to abuse.”

More than two dozen people died from keyless ignitions since 2006.

The New York Post (5/14, Eustachewich, 4.39M) reports that a new report found that 28 people were killed and 45 were injured by carbon monoxide from keyless cars. In all of the cases, “drivers unintentionally filled their homes with toxic fumes by leaving their cars on inside attached garages.” The article notes that while keyless ignitions are standard in over half of the new cars sold in the US, “there are no federal regulations on automatic engine shutoffs or beeping sounds to warn drivers the car is still running.” The article adds that NHTSA “failed three times to adopt regulations that would require car manufacturers to install external and internal warning beeps.”

Tesla driver says vehicle was in autopilot mode when it crashed into Utah fire truck.

The AP (5/14, Hattem) report that a Tesla vehicle was in Autopilot mode when it crashed into the back of a fire truck in Salt Lake City over the weekend. The driver told police that the Autopilot system was on and that she was looking at her phone prior to the crash. A Tesla spokesperson did not comment on the disclosure. Meanwhile, on Twitter, Tesla co-founder Elon Musk said it was “super messed up” that the incident was received public attention, while thousands of accidents involving traditional vehicles “get almost no coverage.” NTSB said it has not yet launched an investigation of the crash but it may decide to do so. The article mentions that NTSB and NHTSA are already looking into Tesla’s Autopilot system and its role in a fatal crash on a California highway in March.

Auto makers fail to meet NHTSA deadline on Takata repairs.

The Wall Street Journal (5/14, Spector, Subscription Publication, 6.17M) reports National Highway Traffic Safety Administration Deputy Administrator Heidi King sent a letter on Monday to 12 major auto makers stating that the agency is “concerned that certain higher-risk vehicles with defective Takata air bags remain unrepaired” despite NHTSA imposing a December 2017 deadline to have the “highest-priority vehicles” repaired. King requested the auto makers to provide details and a timeline on how they plan to repair the affected vehicles. The Journal reports that auto makers have fixed about 23 million of the 39 million vehicles recalled, but some car manufacturers have expressed concern that some vehicle owners have chosen to not have their vehicles fixed despite the urgent nature of the recall.

Tesla Model S crashes into truck stopped at red light, reportedly without braking.

The AP (5/12) reports from South Jordan, Utah, where “a Tesla sedan with a semi-autonomous Autopilot feature has rear-ended a fire department truck at 60 mph (97 kph) apparently without braking before impact, but police say it’s unknown if the Autopilot feature was engaged.” According to the story, the Model S crashed into the mechanic truck while the latter was stopped at a red light, injuring the driver of the Tesla but not the driver of the truck. The AP adds that the Tesla driver is not suspected to have been under the influence at the time, although the roads were wet from a slight rain. A spokesperson for the NTSB, Keith Holloway, “said he didn’t know whether the agency would get involved with the crash,” but the Safety Board and NHTSA are already working on at least two other Tesla-related crash investigations.

Keyless cars can inadvertently lead to carbon monoxide poisoning.

The New York Times (5/13, A1, Jeans, Kamp, Subscription Publication, 18.33M) reports that more than two dozen people have been killed by carbon monoxide nationwide since 2006 after a keyless-ignition vehicle was inadvertently left running in a garage. “Dozens of others have been injured, some left with brain damage,” according to a Times report. The Times says, “Weaned from the habit of turning and removing a key to shut off the motor, drivers – particularly older ones – can be lulled by newer, quieter engines into mistakenly thinking that it has stopped running.” The article mentions that NHTSA “released a video two years ago that highlighted the risks of keyless vehicles, including carbon monoxide poisoning.” However, at the same time NHTSA “has postponed adoption of the keyless ignition regulation three times.” In a statement, NHTSA said in March, “Once NHTSA has finished its review and determined the best path forward, NHTSA will take appropriate action.”

Hyundai issues recall for 2017 Ionic hybrids, Kia recalls 2017 Niro hybrids.

Consumer Reports (5/10, 14.13M) reports that Hyundai will be recalling 27,029 of its 2017 Ionic hybrids, and Kia will be issuing a recall of 10,156 of its 2017 Niro hybrids.

        Cars (5/10, 931K) reports that the reason for the Hyundai recall is the discovery that the “hydraulic clutch actuator (HCA) inner oil seal may leak” which may result in an electrical short and lead to a fire. Cars advises owners to call the automaker and the NHTSA.

        Cars (5/10, 931K) reports that the Kia recall was also an HCA related issue. Cars says that owners of the Kia vehicle will be notified by the company by June 15, and they should call the automaker and the NHTSA.

        ConsumerAffairs (5/10, 123K) also reports on the Hyundai recall.

Complaint from three owners of Toyota Highlanders leads to investigation.

Forbes (5/10, Cheryl, Jensen, 9.96M) reports that according to a report posted on the NHTSA website three drivers have reported that the steering wheels of their Toyota Highlanders have come off while they were driving. As a result of the complaint, the NHTSA will be conducting an investigation and will determine whether the 733,000 Toyota Highlanders between the model years of 2008-13 should be recalled.

NHTSA warns owners to park Ford pickups with Takata airbags until fixed.

Bloomberg News (5/7, 4.02M) reports the National Highway Traffic Safety Administration is urging owners of 2006 Ford Ranger and Mazda B-Series pickups to keep their vehicles parked until the Takata airbags inside the vehicle have been replaced. NHTSA Deputy Administrator Heidi King reiterated the agency’s warning on Monday, “I cannot stress strongly enough the urgency of this recall – these air bags are dangerous,” adding, “Every vehicle must be accounted for now.” Bloomberg reports Ford has replaced the airbags in about 49 percent of the 33,320 affected Rangers and 55 percent of the 2,205 recalled Mazda vehicles.

Waymo vehicle operating autonomously involved in crash in Arizona.

The CBS Evening News (5/4, story 13, 0:25, Glor, 5.63M) broadcast on a collision between one of Waymo’s autonomous vehicles and a Honda in Chandler, Arizona on Friday. The Evening News reported that “the police there say the driver of a Honda swerved into that van, actually, to avoid hitting another car.”

        CBS News (5/4, 5.59M) reports the Waymo “vehicle was in autonomous mode but there was an occupant in the driver’s seat who suffered minor injuries, police said.” According to the story, Chandler Police Department spokesperson Seth Tyler “said the Waymo vehicle was in the wrong place at the wrong time and would not be considered at fault, as Arizona is a no fault state.”

Audi recalls 1.2 million vehicles for coolant pump fire risk.

CBS News (4/25, 5.73M) reports that Audi is recalling about 1.2 million cars and SUVs worldwide because the “electric coolant pumps can overheat and possibly cause a fire.” The recall covers the 2013 to 2016 A4, the 2013 to 2017 A5, the 2012 to 2015 A6, and the Q5 SUV from 2013 to 2017. In January 2017, Audi attempted to fix the problem with software updates but didn’t solve the problem.

Tens of thousands of Americans still driving cars with defective Takata airbags.

The Washington (DC) Post (4/22, Halsey, 15.03M) reports Honda said there are still 60,000 vehicles equipped with the most dangerous Takata airbags that can rupture and potentially kill the driver or passenger. Honda says that 62,307 vehicles are still equipped with the “Alphas” that have about a 50 percent chance of rupturing if deployed, even in a relatively small collision. Rick Schostek, executive vice president of Honda North America, says Honda is “good at repairing vehicles,” but identifying the current owners and convincing them to bring their vehicles in for repairs “has proved a difficult challenge.” National Highway Traffic Safety Administration Acting Administrator Heidi King told the Senate Commerce Committee last month that while automakers have “made progress” in replacing defective Takata airbags, the “progress is uneven” and “Overall completion rates are not where we want them to be.”

Carfax study estimates there are more than 57 million vehicles on US roads with unfixed recalls.

MLive (MI) (4/11, Raven, 834K) reports that a new Carfax report estimates that there are more than 57 million “recalled vehicles” on the roads in the United States, down from 63 million active vehicles in 2017. California, Texas, Florida, Pennsylvania, and New York are the states with the most open vehicle recalls. Texas, Mississippi, Louisiana, New Mexico, Alabama, and Arizona have the highest percentage of open vehicle recalls. 

Arizona suspends self-driving Uber tests.

In continuing coverage of last Sunday’s accident in which a self-driving Uber car struck and killed a pedestrian in Arizona, the Wall Street Journal (3/26, Lazo, Bensinger, Subscription Publication, 6.8M) reports Arizona Gov. Doug Ducey sent a letter to Uber demanding that the company stop testing its autonomous cars on public roads in Arizona. The New York Times (3/26, Wakabayashi, Subscription Publication, 13.35M) reports Arizona had been allowing Uber to test its vehicles in the state if Uber “would prioritize public safety as it tested the technology,” and the letter, sent to Uber CEO Dara Khosrowshahi, said, “The incident that took place on March 18 is an unquestionable failure to comply with this expectation.” The Times calls the letter a “reversal from what has been an open-arms policy by the state, heralding its lack of regulation as an asset to lure autonomous vehicle testing — and tech jobs.” The Arizona Republic (3/26, 984K) similarly writes that in 2016, Ducey “issued an executive order welcoming self-driving car companies to the state without any special oversight.”

        Reuters (3/26) reports Ducey wrote that the video was “disturbing and alarming, and it raises many questions about the ability of Uber to continue testing in Arizona.” Bloomberg News (3/26, Newcomer, 3.41M) reports Ducey said “improving public safety” had been the reason Arizona was trying to attract self-driving vehicle tests to the state, but “Arizona will not tolerate any less than an unequivocal commitment to public safety.” Bloomberg reports that a video showing the moments before the crash “showed the Uber car moving at a constant speed with no attempt to slow down or swerve in the moments before the collision,” and both Waymo and Intel have released statements in the past week that their self-driving vehicles would have detected the pedestrian and responded to the situation.

Documents indicate that Uber was having AV issues long before Arizona crash.

Continuing coverage of the March 18 incident in which an Uber AV killed an Arizona fatality focuses on Uber’s issues with its AV technology. The New York Times (3/23, Wakabayashi, Subscription Publication, 13.35M) reported that Uber’s autonomous vehicle tests were “not living up to expectations months before” the fatal crash, based on documents seen by the Times and on interviews with people familiar with the Uber tests in the Phoenix area. Uber’s autonomous vehicles had difficulty “driving through construction zones and next to tall vehicles, like big rigs,” the Times reports, and its drivers “had to intervene far more frequently than the drivers of competing autonomous car projects.” In fact, “as of March, Uber was struggling to meet its target of 13 miles per ‘intervention’ in Arizona.” Waymo says its vehicles average about 5,600 miles per intervention by the safety drivers.

        Fortune (3/24, Morris, 4.04M) reports the Times report said Uber reduced the number of safety drivers in its test vehicles from two to one, “over the safety concerns of some employees” and despite the relatively frequent driving errors by the autonomous vehicles. At the same time, internally, “the leadership of Uber’s self-driving car unit has frequently been described as troubled, with high levels of engineer attrition.” There may have also been pressure on the autonomous vehicle developers to bring a road-ready system to market as soon as possible in order “to square the financial circle” of Uber’s finances “by taking driver pay out of the equation” and helping to build profitability at a company that “regularly posts quarterly losses with few historical parallels.”

        Business Insider (3/24, Matousek, 4.81M) reports Uber “has spent the better part of the past year cleaning up the mess left by former CEO Travis Kalanick, who oversaw the company’s meteoric rise and turned it in into a symbol for the ruthless, growth-at-all-costs attitude that has come to represent the dark side of Silicon Valley.” The latest hit to the company’s wider reputation in light of the pedestrian fatality means that “even if Uber can perfect its self-driving technology by mid-2019, when it hopes to launch an autonomous ride-hailing service, city governments might not trust the company enough to work with them.” Jalopnik (3/24, Werth, 1.22M) reports that CEO Dara Khosrowshahi, “brought in to clean up Uber” after Kalanick was ousted, considered “shutting down the self-driving car project” entirely.

        The San Jose (CA) Mercury News (3/23, 514K) reported that the Times says Uber, “trying to reinvent itself after sexual harassment and leadership scandals,” was “under pressure to get its autonomous-driving ride-sharing program up and running for public use by the end of the year, while the cars were having trouble driving themselves safely and the company was reducing human backup.”

        Ars Technica (3/24, 686K) writes that “insiders have long viewed Uber as a laggard in the driverless car race,” but the documents obtained by the Times “suggest that the company’s self-driving car program may be even further behind its rivals than had been publicly known.” The San Francisco Chronicle (3/23, 3M) reported that according to experts, “neither Uber’s technology nor its backup driver seemed ready for the open road.”