The Injury Lawyer Blog

Products containing Honduran grown cantaloupe are being recalled because of the risk of salmonella. The Honduran company, Agropecuaria Montelibano, has been linked to a multistate outbreak of the bacteria. The FDA ha s asked grocers across the country to remove the cantaloupe from grocery stores and blocked imports from the Honduran company after dozens of cases of salmonella were reported in 16 states. Fourteen people were hospitalized due to the illness.

Four firms including Dole Food Co., Bounty Fresh LLC, Spokane Products Inc., and Chiquita Brands International Inc. have joined other companies in recalling the product.

Salmonella shows up in people with a variety of symptoms including fever, diarrhea, nausea, vomiting, and abdominal pain.

Brand names affected include:

• Mike's Melons
  
• Mayan Pride
  
• Chiquita
  
• Chestnut Hill Farms
  
• Perfect Melon
  
• Yokes
  
• Garden Patch
  
• Rosavers Classic
  

If you have purchased cantaloupe that matches any of these names, you might want to get rid of it immediately. Food poisoning can be extremely dangerous. If you've already eaten the product, and you became sick, there are still options (after you feel better).

If you think you became ill after ingesting salmonella laced cantaloupe, you may be able to received compensation. Please contact an experienced injury lawyer who knows about product liability in your area.

In yet another example of why it's safer for children to watch TV, than play, Tek Nek Toys International L.P. has announced it is recalling the Rock 'N Ride plush rocker due to their unstable base. The base of the rocker has the potential to tip over, spilling the child riding it to the cold, hard ground. The recall includes the following rockers:

• Clifford Big Red Rocker
  
• Deluxe Bull
  
• Deluxe Pony
  
• Lil' Penguin
  
• Lil' Propeller Plane
  
• Brown and Pink Pony
  
• Deluxe Pony
  
• Pink Unicorn
  

So far there have been 35 reports of rockers tipping over, and ten reported injuries including bumps, bruises and lacerations.

The date code on the rockers in question is from July 26, 2007 through Dec. 29, 2007. The code is on a sticker inside the rocker's battery compartment. What is a battery compartment doing on a rocker, you ask? Because there is a button on the ear, hat or "dash," which activates phrases and songs when it is pushed. For example, the Deluxe Bull has two talking phrases, two bull riding sound effects, and a song called "Here I Come, I'm a Rocking Bull."

The rockers, made in China, were sold at Target, K-mart, Toys "R" Us, Atwoods, Pamida, and Wal-Mart. They were also available through the internet.

Tek Nek Toys said in a statement that the rocker should be taken away from your child, even if they haven't tipped over, or turned the tipping over into a game. The company will replace the rocker's base for free.

Children must be 18 months old and no more than 65 pounds to ride the rockers.

If your child has been injured by a dangerous toy, please contact an experienced injury lawyer in your area.

The family of a woman who died last year at Sky Harbor International Airport while in police custody has filed $8 million wrongful death claim against the city of Phoenix and the police department. This is the first step taken before a wrongful death suit is filed.

The Arrest

Forty-five year old wife, and mother of three, Carol Gotbaum was traveling from New York to Tucson to enter an alcohol rehabilitation facility when she missed her connecting flight in Phoenix. When gate attendants were unable to seat Gotbaum on another flight, she became angry, allegedly throwing a hand-held PDA, which narrowly missed another person. She stormed off, but police were summoned. Surveillance video shows Gotbaum struggling with officers as they tried to arrest her and then escorting her to a holding cell. The footage shows Gotbaum handcuffed and apparently screaming as she is lead off.

Detainee Privacy and Police Policy

The surveillance video of Gotbaum's arrest is the last footage of her alive. Because there are no cameras placed in holding cells to allegedly respect the privacy of detainees, it is unclear exactly what happened next. Police contend that Gotbaum was placed in a holding cell, searched, and shackled to a bench with her hands still cuffed behind her back while she was still screaming.

It is police policy to check on detainees every fifteen minutes when they are left alone. An initial police report states that sometime in those first fifteen minutes after they left her alone, Gotbaum somehow worked the cuffs to the front of her body and "pulled the chain from the shackle across her neck area" and subsequently choked herself. It is believed she was trying to escape custody. Authorities tried to revive her, but Gotbaum was pronounced dead when firefighters arrived. An autopsy showed that Gotbaum had a blood alcohol content three times Arizona's legal limit, as well as prescription drugs in her system when she died. The medical examiner ruled her death an accidental hanging.

Wrongful Death Claim

The claim Gotbaum's family filed accuses the police of "excessive and unreasonable force" and handling an obviously disturbed person's arrest poorly. It states further that Gotbaum was treated in a manner akin to that of a "dangerous criminal, rather than as [the] sick, intoxicated and vulnerable person she was," and that "she had no weapon and never threatened anyone."

Phoenix city attorneys claim that, not only did police act in a proper manner while restraining Gotbaum, but that, had she not hid her mental and medical condition, something her family has admitted publicly, the results might well have been different. They say police "responded exactly the way her husband knew they would respond because they did not have critical information known only to the Gotbaum family."

While it seems reasonable to want to protect detainee privacy in holding rooms, if nothing more than to have them cool down, having cameras in the room in this case would show definitively just how Carol Gotbaum died. However, the manner in which Gotbaum died is only part of the story here.

Had the police known exactly what Gotbaum's situation was, rather than believing she was just some drunk woman throwing a temper tantrum, maybe they would have handled her differently. The claim states the police failed to follow its own procedures in how they handle disturbed people, but how are these types of people handled? Should the police have checked on her every five minutes? And, had the police treated Gotbaum differently, would she have made it to Tucson to get treatment for her illness that, admittedly, plays a huge role in this story?

If you have lost a loved one and believe their death is the result of someone else's negligence, please contact an experienced injury lawyer in your area.

A young girl who had her part of her lower intestines ripped out by an uncovered pool drain last summer has died. Six-year-old Abigail Taylor was in the wading pool at the Minneapolis Gold Club last June when she sat, or got stuck, over the uncovered drain. Twenty-one feet of her intestine was sucked from her body. The cover was reportedly moved, or had gone missing, when the accident occurred. Due to her injuries, Abigail endured several reconstructive surgeries and transplants that lead to a cancerous condition that ultimately killed her.

Change in Lawsuit

Abigail's family had originally sued the Minneapolis Golf Club and the manufacturer of the pool drain, Devlan, Wisconsin-based Sta-Rite, for personal injury. Since Abigail has died, the suit will likely become one of wrongful death. Experts have said that this will likely bring down the amount the Taylor family can claim in the suit.

The Taylor family's lawyer, Bob Bennett, stated that Sta-Rite "knew their pumps carried the risk of evisceration," but did nothing to eliminate the defect. He referenced three other cases where children were injured by the company's drain covers becoming detached, as well as internal memos stating that warning labels alone were insufficient. Pentair, Inc., which now owns Sta-Rite, has said the lawsuit is without merit and blames the Minneapolis Golf Club for Abigail's injuries.

Medical Bills Piling Up

Because of the nature of Abigail's injuries, the Taylor family incurred an enormous amount of medical bills. She would have required daily medical care for the rest of her life, and the Taylors estimated that it would have cost $30 million to cover those plus living expenses had she lived.

This case covers the fields of product defect and wrongful death now. However, if any good has come out of this tragedy it's that legislation has been passed that bans the manufacture, sale and distribution of pool drains that do not meet required safety standards. Minnesota lawmakers are also considering legislation for new pool safety standards.

If you, or a loved one, have been grievously injured due to a defective product, please contact an experienced injury lawyer in your area.

Last year, actor Dennis Quaid's newborn twins were given an accidental drug overdose by hospital staff. According to Quaid, the drug heparin "basically turned their blood to the consistency of water." Heparin is an anti-coagulant given to patients during surgery or kidney dialysis. Cedars-Sinai Medical Center in Beverly Hills gave Quaid's two week old twins a thousand times the recommended dose of the drug.

Last Sunday, Quaid discussed the experience with 60 Minutes, and it seems he is on the "warpath" against mistakes made in hospitals. Quaid quoted statistics released in 1999 by the Institute of Medicine which showed that nearly 100,000 people die a year because of hospital errors. He further quoted the IOM study, saying, "[G]ood people are working in bad systems that need to be made safer." He also believes the problem is bigger than AIDS, breast cancer, and auto accidents.

More Trouble for Baxter

While Quaid's twins are out of harm's way now, he and his wife, Kimberley Buffington, are suing heparin's manufacturer, Baxter International Inc. Claiming damages in excess of $50,000, the couple claims that Baxter failed to properly label the vials. They allege that the 10-units-per-milligram vials are almost identical to the 10,000-units-per-milligram vials. Baxter contends that hospital staff should have read the label closer.

This compounds the bad press Baxter has suffered lately. Heparin has most recently been in the news due to a contaminant found in shipments of the drug in the U.S. The contaminant sickened hundreds and has killed up to 20 patients who have taken the drug.

While Quaid and his wife are currently going after Baxter, the fact that Quaid has appeared on a popular television show to rail against hospital errors may bring more focus to a problem that many families are unsure how to deal with.

If you, or a loved one, have suffered due to hospital error, please contact an experienced personal injury lawyer in your area.

In 2003, Bill Janklow, a Republican senator from South Dakota, was driving at least 70 mph in a 55 mph zone when he ran a stop sign and hit a motorcyclist. The motorcyclist, Randolph Scott, was killed instantly. Janklow escaped the worst with a broken hand and bleeding on the brain.

The Janklow Trial

At the beginning of Janklow's trial in December of that year, his lawyer argued Janklow suffered from hypoglycemia, had taken an insulin shot, and then hadn't eaten at all the day of the accident. As a result, Janklow was "mixed up" and "confused" when he hit Scott. Prior to Janklow's trial, he was involved in three previous accidents and received 12 tickets for speeding (an action Janklow had been unapologetic for). However, the jury was never informed of this driving record.

In December, 2003, Janklow was convicted of second degree manslaughter. He resigned his Congressional seat a few days after this. As a convicted felon, Janklow's role in Congress would have been limited until a House Ethics Committee investigated the allegations. In January, 2004, Janklow was sentenced to 100 days in jail. He was released the following May.

Lawsuit

Randolph Scott's family filed a $25 million wrongful death lawsuit against Janklow. The court ruled that because Janklow was on "official business" at the time of the accident, he was therefore working for the government at the time and was protected from a lawsuit due to the Federal Tort Claims Act. This essentially means that the federal government will assume liability for things like accidents instead of the individual who may have been involved and was working at the time - no matter how liable that individual is. The Scott family's lawsuit was then turned toward the government in 2006. That same year, the South Dakota Supreme Court reinstated Janklow's license to practice law.

Attorneys are still trying to settle the case. If no settlement is reached by May, the whole thing goes back to trial.

Randolph Scott's family still hasn't seen any of the money they have asked for after the accident in 2003. However, Bill Janklow, a man with a lengthy driving record, doesn't have to worry about paying anything because the federal government sheltered him, which essentially gave Janklow a free pass. Yes, he had to spend a hundred days in jail, and this event ended his political career. But he's a practicing lawyer again. This is a better deal than the one Randolph Scott and his family received.

If you have lost a loved one due to another driver's negligence, please contact an experienced injury lawyer in your area.

Federal officials have announced that a fairly common ingredient in nutritional supplements has been identified as the contaminant in heparin, a blood thinner used in surgery and kidney dialysis. Heparin helps to prevent blood clots that may cause heart attacks and strokes. The contaminant known as hypersulfated chondroitin sulfate, or chondroitin sulfate, is made from animal cartilage and is an ingredient in several nutritional supplements used to promote healthy joints. However, the hypersulfated chondroitin sulfate is not approved for use in the U.S. Levels of the contaminant ranged from 2% to 50% in lots of heparin tested.

Unknown Origin

It is believed that this substance is the culprit that sickened and killed hundreds of patients across the U.S. How it got into heparin is a question authorities are still investigating. The contaminant originated in China, and there are several theories about how it made its way into the drug. There may have been some kind of "mishap." Or perhaps it was an experiment gone awry. However, it may have also been deliberately added to the heparin to boost profits of middlemen. FDA officials may never find out due to difficulties in back-checking.

Sen. Edward Kennedy, chairman of a panel overseeing the FDA, stated, "it is unacceptable that Americans have died and been seriously injured by what appears to be deliberate tampering." He went on to say that those responsible must be brought to justice. Independent experts tend to agree that this is deliberate tampering, and akin to the pet food case in which thousands of cats and dogs were sickened by food ingredients from China last year.

Heparin manufacturer, Illinois-based Baxter Healthcare Corp., believes the contaminant was introduced before raw heparin ingredients reached its supplier, Scientific Protein Laboratories. Scientific Protein Laboratories is a joint venture partner with the Chinese facility that supplied the heparin in question.

Chinese Cooperation

It is hoped that this case will lead to better cooperation between the U.S. and China regarding imports. The last year has seen several high profile examples of the poor monitoring of products from China, including tainted pet food and lead in children's toys, as well as this case. But Chinese officials expedited the visas of FDA investigators. Their Chinese counterparts seem to have been more helpful with this case than others.

Rep. John Dingell wants a more stringent system that will oversee imports from other countries. It is unknown if the Bush Administration will go for it because the system would need to be financed by new industry fees.

If you, or a loved one, have been sickened by tainted heparin, please contact an experienced injury lawyer in your area.

In October, 2006, Rosella Beckley was admitted for treatment of a fractured hip at Gateway Regional Medical Center in Madison County, Illinois. After her surgery, she was admitted to the coronary care unit to be placed on a ventilator. According to the wrongful death suit filed by Rosella's husband, Donald, an "improperly manipulated" endotracheal tube changer caused a tracheal bronchial laceration which lead to an anoxic brain injury. This allegedly lead to the death of Beckley.

Because the brain requires a constant flow of oxygen, a disruption can cause a severe injury. While these injuries do not always result in death, the brain is almost never restored to functioning 100% even with treatment.

The complaint states that Beckley's death has caused her family to suffer financial loss and deprived them of the "valuable services" she performed for them. Beckley's husband also claims that funeral and burial expenses have become his responsibility and that Gateway should have to cover them. He is seeking damages of $750,000.

Beckley's Suit Not the Only One Against Gateway

The estate of another family recently filed a wrongful death complaint against the hospital, alleging that in March of 2006 Jill Joshu "was caused to suffer severe injuries and degradation of her health that ultimately lead to her death." The suit further claims that Gateway doctors and medical professionals were negligent in almost every aspect of Joshu's care on the day she died. Health care professionals were not notified of lab results, the physician wasn't notified that she had ceased urinating, and she was given a medication for hypertension called Captopril and potassium while hyperkalemic (elevated potassium levels in the blood).

If you have suffered an injury or lost a loved one due to a hospital's error or negligence, please contact an injury lawyer with experience in the field of medical malpractice or wrongful death in your area.

The family of 19-year-old Demetrus Vinson is suing the Akron police for $10 million citing wrongful death and violation of civil rights. Vinson was killed last March after police pulled his car over. Police officers, Michael Orrand and Michael Koubek, allegedly saw Vinson's car leave a known drug house around 2:00 a.m. and followed him to his grandmother's home.

The lawsuit alleges Vinson was shot three times "without warning or justification" by Koubek. The police state that as the officers approached Vinson's car with flashlights in hand, Vinson rolled up his tinted windows and refused to leave the car. The report then states Vinson pointed a gun at Orrand. In response, Koubek pulled his gun and shot at Vinson. The officers retreated and heard one shot fired from inside Vinson's car.

A Single Shot

While there is no question that Koubek shot at Vinson, the single shot fired from inside the car lacks clarity. A .45-caliber handgun was recovered from Vinson's car, which the police claim Vinson used to shoot himself in the head. Just after the shooting, the police took responsibility for Vinson's death, but the autopsy performed two days later led to the claim of suicide. Vinson's 15-year-old passenger, Chance Baker, initially backed the authorities' story of suicide, but has since recanted this version of what happened that night.

Back to the Lawsuit

The parents of Demetrus, Horace L. Vinson and Beverly A. Wallace, filed the lawsuit last Friday in U.S. District Court. The suit alleges that because Vinson's car was moved with his body still inside before investigators could do their job, evidence was destroyed. In addition to the wrongful death and violation of civil rights, the suit asks for compensatory damages, as well as punitive damages and attorney costs.

We blogged earlier this month about a case in Pennsylvania that is somewhat similar to this one. Police shot and killed a boy, and the family filed a lawsuit. Sadly, these two examples are not the only cases like this to have entered the media cycle. Just as with Michael Ellerbe in Pennsylvania, Demetrus Vinson's death unleashed protests and brought forth an independent investigation. Besides the obvious differences in these two cases - time, place, age, situation - what remains the same are family grief, community outrage, and the back and forth of contradictory reports.

Finally, the question of money and how it relates to these issues will always be contested. Until we can find another way to assuage feelings of injustice and families believing the police are hiding facts, as well as authorities being on the defensive every time an officer uses his or her gun (and the center of possible lawsuits), we can expect to hear about more situations like this.

If you feel you may have a wrongful death case, please contact an experienced injury lawyer in your area.

Imports of heparin, a blood thinner used in surgery and kidney dialysis to prevent clotting, have been stopped at the border by the FDA to test for a contaminant. The contaminant was found in the drug thinner's raw ingredient, pig intestines, and is linked to hundreds of allergic reactions and 19 deaths.

The contaminant was found in 20 of 28 samples of raw heparin tested by the FDA. The raw ingredient is supplied by a Chinese factory, which is owned by Scientific Protein Laboratories in Wisconsin. Illinois-based Baxter International Inc. then supplies heparin to hospitals around the country. They are one of the main suppliers of heparin in the U.S.

This latest news stems from an earlier suspension and recall of heparin announced in February by the FDA. At the time that story broke, almost 450 allergic reactions and 21 deaths had been linked to contaminated heparin. The deaths have apparently been revised down to 19. No additional deaths and only two allergic reactions have been reported since last month's recall. Allergic side effects include increased heart rate and lower blood pressure.

Prime Suspect

When the FDA and Baxter announced the recall, the link between the contaminant and the allergic reactions and deaths was "tenuous." And because scientists have yet to identify what the contaminant is, there is still some uncertainty as to whether it caused the reactions and deaths. The uncertainty is due to the contaminant closely mimicking heparin's structure so it is not caught by standard drug-purity tests. FDA drug chief, Dr. Janet Woodcock, believes they are close to identifying the substance, as well as determining if it got into the heparin accidentally or through fraud.

The pig intestines used in heparin come from small family-run workshops in China. These are located near slaughterhouses, where the ingredients are then given to middlemen before they reach larger factories. The FDA hasn't inspected these workshops, so it isn't clear exactly where the contaminant might be. It has been surmised that due to pig diseases that depleted the stock of healthy animals used, the Chinese were buying sick pigs in the market. This forced Chinese producers to look for alternative sources, which often are located in villages with unsanitary conditions.

While worldwide testing has begun to make sure heparin is contaminant-free, five of the nation's leading heparin manufacturers will perform the testing on imports. The FDA will not name these five companies and do not plan on spot checking the quality of the tests.

If you, or a family member, believe you have suffered an allergic reaction due to contaminated heparin, please contact a personal injury lawyer with experience in pharmaceutical liability.

The 4^th District Court of Appeals has upheld an $82.6 million award given to a woman whose back was crushed when her Ford Explorer flipped in 2002. $55 million is for punitive damages. Ford plans to appeal this latest ruling. Ford Motor Co. attorney, Theodore Boutrous Jr. states that the company does not believe punitive damages should be awarded, or should be significantly reduced. Punitive damages are given to punish defendants, and hopefully deter others who might behave similarly.

The Accident

Benetta Buell-Wilson's accident happened while she was driving a 1997 Ford Explorer and swerved to avoid something in the road. A passenger side wheel lifted off the road, which caused the SUV to fishtail and then flip. It rolled four and a half times, landed on its roof, which crumpled and crushed Buell-Wilson's back midway up her spine.

Buell-Wilson filed a suit alleging the Ford Explorer has a design flaw. Its high center of gravity and low wheelbase, which Buell-Wilson and her lawyer says makes the SUV prone to tipping, as well as its weak roof are at the center of the lawsuit. Buell-Wilson and her lawyer also claim that Ford knew of the design flaw but did nothing to fix it. In 2004, a San Diego court awarded Buell-Wilson and her husband $369 million, of which $246 million was for punitive damages. This was the first time a verdict was rendered in a Ford Explorer rollover case. Ford had won at least 12 times before in similar cases.

A judge lowered the amount to $150 million, $75 million punitive, two months after Buell-Wilson was awarded the $369 million verdict. The judge in the case further stated that there was evidence to support the jury's findings that Ford knew about the design defects, but did nothing to correct them. This amount was then cut to $82.6 million in 2006 because the punitive damages were found by the court to be excessive and violated a stated law's ban on lawsuits that are filed due to "passion or prejudice."

Verdict Rendered in Anger?

Is $369 million an excessive amount to award to someone for injuries suffered when their SUV flips? This might fall into the realm of defective products, and defective products should be recalled so that they can be fixed. However, the Ford Explorer is an extremely popular vehicle, and trying to pull all those SUVs off the roads would have been very expensive for the company. This was a problem with the design, and not simply a matter of replacing a wire or two in the engine. Therefore, Ford decided it was in their best interest to keep these SUVs on the road and hope for the best. Ford isn't the only company who makes SUVs, and many of these companies are finding that design flaws are causing many of their SUVs to rollover.

When large companies like Ford fight cases like this, whittling down $369 million to $82.6 million, they seem to show just where their compassion lies. If Buell-Wilson's accident was an isolated case, then maybe the lawsuit wouldn't have gotten very far. But there are other cases where the Explorer flipped and injured other people. This just happens to be the one where a jury decided Ford needed to pay. And they can probably afford it, too.

While punitive damages seem to be the place where Ford is really fighting, in order to avoid the appearance of being "punished," they also say that the award should be "significantly reduced," and not eliminated completely. That seems to show that they are tacitly admitting that the Ford Explorer's design may have been a partial cause for Buell-Wilson's injuries.

If you, or a loved one, have suffered injuries due to a defective product, please contact an experienced injury lawyer to discuss your options.

A taxi driver was killed in Toronto, Ontario when his taxi was hit by one of two Mercedes Benzs allegedly street racing in January 2006. Tahir Khan was a Pakistani immigrant, and was three days from obtaining Canadian citizenship when he died.

Khan was killed almost instantly when he was hit by the Mercedes Benz, which then slammed his taxi into a light pole at a busy Toronto intersection. Though investigators are still trying to determine at what speed Khan's taxi was hit, it is estimated that the two cars hit speeds as fast as 140 kilometers (78 miles) an hour during the race.

The drivers of the Mercedes are both 20 years old. They pleaded guilty, and were sentenced to a year of house arrest and two years probation for the accident. The prosecution in the case was pushing for a three year prison sentence for each, and is appealing to make this a possibility.

Lawsuit

Khan's family filed a $2 million lawsuit claiming loss of care and companionship, economic losses, and punitive damages. The Khan family's lawyer, Russ Howe, says that Khan's wife and mother, who are still in Pakistan, have been left impoverished due to the loss of their main caregiver. He claims the $2 million is not a "cash grab."

Howe says there is still a lot of evidence to gather in the lawsuit against the drivers. The drivers' parents are also named in the lawsuit for two reasons: (a) to gain access to their insurance, and (b) because Ontario law says vehicle owners are responsible for the driver's actions.

Punishment and Compensation

Maybe the drivers got off easy with their punishment. Or maybe the house arrest, two years probation, and a lawsuit is punishment enough. In many of these cases, people say that all parties involved are victims. It can be argued that these drivers were just kids, and kids do foolish things, especially when they're behind the wheel. It can also be argued that 20-year-olds are old enough to know they're being dumb, which lead to the death of a man. The parents of the two drivers might be victims. After all, they weren't there when their kids were out street racing, and suddenly they're being targeted in a $2 million lawsuit.

Tahir Khan's family in Pakistan would certainly argue with all of the above. They're the ones who lost a family member thousands of miles away in an accident that probably could have been avoided.

Many aspects of life are radically different in Pakistan than they are in Canada and the US. But this case transcends cultural differences because losing your primary caregiver in any city or country is bound to cause economic hardship, as well as grief, anger, and frustration. $2 million doesn't seem too much to ask for.

If you have suffered injuries or lost a loved one due to another driver's negligence, please contact an experienced injury lawyer to help guide you through the legal process.

The banana company, Chiquita Brands International Inc., is involved in yet another legal battle for its payouts to Columbia's left-wing paramilitary group, the Fuerza Amadas Revolucionarias de Colombia (FARC). Families of five missionaries killed by the FARC in the 1990s have filed a wrongful death suit claiming that Chiquita's payments to the rebel group contributed to the deaths.

Bananas and War: A Brief Overview

Chiquita's history in Latin America dates back to the beginning of the 20^th century when they were called the United Fruit Company. Chiquita was trademarked in the 1940s, but the company didn't become Chiquita Brands International Inc. until 1985. As a giant corporation, they faced criticism over their amount of influence on the banana republics of Latin America. There is also speculation that Chiquita's lobbying against the democratically elected president of Guatemala in the 1950s led to a CIA-led military coup in that country that overthrew the government. The company was already in Columbia when a guerilla war began in the 1960s.

In 2007, Chiquita agreed to a $25 million fine based on its having paid Columbia's left-wing FARC and ELN (National Liberation Army), and right-wing AUC (United Self-Defense Forces of Columbia) for protection. However, Chiquita claims the payments were extortion and made only under duress. These groups have been labeled terrorist organizations by the US government. In addition to a litany of human rights abuses, these groups have also been tied to Columbia's drug trade.

Wrongful Death Suit

The evangelical New Tribes Mission, based in Florida, has missionaries all over the world. In the 1990s, they were in Columbia. The families of the slain claim that their family members were abducted from two small villages by the FARC in 1994, and were killed because the missionary group couldn't come up with the ransom money. Chiquita is involved because they were allegedly financing the FARC's operations at the time of the abductions. The suit also claims that Chiquita provided weapons and logistical support to the FARC at this time.

The law suit seeks unspecified damages.

Unfortunately, this seems to be another case of foreign missionaries caught up in events bigger than they are. While they certainly have the right to go to places as dangerous as Columbia, and they do believe in their calling, they also know the risks. What could not be foreseen is a major US corporation aiding the same rebel group that would eventually kill them. Rarely does the American public think about multi-national corporations giving guns and money to armed groups that may turn around and use them against US civilians.

If you, or a loved one, believe a family member's death may have been caused by another party's negligence, recklessness, or intentional behavior, please contact a personal injury lawyer with experience in wrongful death cases.

The Department of Justice and the Environmental Protection Agency announced on Tuesday that W.R. Grace & Company has agreed to pay a record $250 million to clean up past mining operations in Libby, Montana. The settlement results from asbestos poisoning claims that helped to drive the chemical company into bankruptcy.

History

W.R. Grace & Company began mining and processing vermiculite near Libby in 1963. The operation ended in 1990. Vermiculite is used in insulation and other building materials. The vermiculite in Montana was contaminated with asbestos. It has been proven that asbestos causes lung scarring, lung cancer and mesothelioma. Mesothelioma is a form of cancer that causes tumors in the chest and abdomen.

Cleanup in Libby has been ongoing since 2000, but the company filed for bankruptcy protection in 2001. The company was ordered to pay $54 million in investigative and environmental cleanup costs by a federal court in Montana in 2003, but has not paid due to the bankruptcy proceeding. W.R. Grace and seven senior employees were charged in 2005 with knowingly exposing residents and miners in Libby to asbestos. Over a thousand people have become ill or died as a result of asbestos exposure in Libby. The settlement will be used to clean homes, businesses, and schools exposed to carcinogenic asbestos dust.

Though large companies like W.R. Grace & Company help to employ people in places like Libby, Montana, they also have a responsibility to these employees' and their families' health. While mining is not high on the list of the safest jobs you can have, knowing the inherent dangers upfront is part of accepting this type of work. When a company poisons not just the land and their employees, but the families of these employees, the result should be settlements like the one the federal government handed down to W.R. Grace & Company. Though this is too little, too late for many of those affected, perhaps it will stand as yet another marker for those who put profits over people.

If you, or a loved one, have been exposed to a harmful chemical, please contact an injury lawyer with experience in toxic tort litigation.

An Associated Press investigation has shown that drinking water supplies in at least 24 major metropolitan areas across the country have trace amounts of a variety of pharmaceuticals in them. These 24 cities supply drinking water to 41 million Americans. While the concentrations are miniscule, with quantities measuring in parts per billion or trillion, the type of drugs found in the water is troubling to scientists. But the question many people are asking, or should be asking, is how these drugs got into the water in the first place.

Over-the-Counter, Into the Water

Drugs like mood stabilizers, anti-convulsants, antibiotics, and sex hormones are in the water. So are acetaminophen, ibuprofen, and even caffeine. How these drugs got into the water supply may seem like common sense at first glance to many: We take the pills, our bodies absorb what they can, and the rest is flushed out of our systems, down the toilet, and into the water, which is then treated for drinking. Though the water is treated before it gets to reservoirs, lakes, and rivers, there are still trace amounts of whatever it is people are taking. Another way is when we flush old unused prescriptions down the drain.

It is reported that researchers do not yet know all of the risks involved with having trace amounts of these drugs in our water supply, and this has scientists worried about the long-term effects on both humans and wildlife. In fact, fish in many of the affected waterways have the pharmaceuticals in them. But so do organisms as far flung as earthworms, sharks, and even vegetables. What this means to the food pyramid remains to be seen, but the EPA has been looking closely for at least a year.

While the animal world may show the immediate evidence of what drug residue in the water can do, there is some worry about how this might affect the young, the elderly, pregnant women, and those whose immune systems are already compromised.

Key Results

• Philadelphia, Pennsylvania - 56 pharmaceuticals found in treated drinking water, including medicines for heart problems, mental illness, pain, infection, high cholesterol, epilepsy, and asthma.
  
• Southern California - 18.5 million people in have traces of anti-anxiety and anti-epileptic medicine in their water.
  
• Washington, D.C. metro area - Six different pharmaceuticals found.
  
• San Francisco, California - Traces of a sex hormone were found.
  

This is only a partial list. What might be even more disturbing is that of the 62 water providers contacted for this study, only 28 tested their water for this investigation. Major cities left off the list include New York, Boston, Chicago, and Miami. Further areas that have not been tested include bottled water and rural wells. One of the possible reasons for the lack of testing is that the federal government doesn't require it. They also do not require setting safety limits on drugs in the water supply.

Potential Problems

One problem might lie in how these drugs are absorbed into our bodies in the first place. It would be nice to assume that every drug we take is absorbed 100% into our body. However, that doesn't happen. And it leaves one wondering what percentage is absorbed. Seventy-five percent? Fifty percent?

Another problem might be that doctors over-medicate the population. It probably comes as no surprise that some people are given antibiotics for the common cold. And maybe you aren't surprised that some people don't take all of their medicine. Where does the rest of it end up? Flushing them is a direct route to the water supply, and throwing them into the landfill will leech them into the ground, and onward into rivers, lakes, and reservoirs.

Or maybe this is making an ocean out of a water dish. After all, what's one part per billion or trillion? And do the researchers, scientists, and federal government have the means, and the will, to figure out what types of pharmaceuticals and medications are in all waterways and watersheds in the country?

Regardless, if you feel that you, or a loved one, have been harmed by pharmaceuticals or medicine you don't believe you needed to take, please contact an experienced personal injury lawyer in your area to find out what your legal options are.

Amgen, Inc. has announced that their anemia drugs Aranesp and Epogen, as well as Johnson & Johnson's Procrit, have had their black box warnings expanded by the FDA. The warning approved by the FDA in November, 2007, state that using these anemia drugs may increase the risks of death and tumor growth in patients who have been taking them. While earlier warnings were placed on the labels alerting of similar risks with some types of cancer, the new warning includes risks to those who have early stages of breast or cervical cancer.

Anemia is a blood disorder which occurs when red blood cell count is lower than average, or when red blood cells don't have enough hemoglobin. High doses were used to counter the effects of anemia, which in turn raised the danger of using these drugs. Amgen's products treat anemia in those who are going through chemotherapy, as well as patients with kidney failure. The problems occurred when doctors treated patients with higher levels of the drugs, which increased the risks of developing tumors.

The drugs in question were first examined last March by the FDA, who updated the drugs' labels twice last year. After the FDA warning in March, Amgen's share prices fell 27 percent; sales of Aranesp, Epogen, and Procrit also fell ten percent. Later that year, Amgen released new data on the risks in early stage breast cancer and cervical cancer patients.

The expanded warning may have some impact on Medicare because anemia drugs account for its largest drug expenditure.

If you, or a loved one, have been taking Aranesp, Epogen, or Procrit, and have been injured by its use, please contact an experienced injury lawyer in your area to find out your legal options.

In June, 2006, Juanita Tomlinson went to the Paris (Illinois) Community Hospital emergency room complaining of double vision, a headache and pain in her eyes. The doctors who evaluated Tomlinson diagnosed her with a urinary tract infection and sent her home with antibiotics. Shortly after returning home, Tomlinson's vision failed, and is now permanently blind. Confusion and falling are one of the symptoms associated with urinary tract infections in the elderly, but it isn't one of the more common signs. Tomlinson didn't complain about or show signs of a urinary tract infection in the hospital, but this didn't sway the doctor's "clinical impression."

Family Suit

A suit brought by Tomlinson's daughter, Tomlinson herself, and their attorney, claims that Tomlinson should have been treated for either transient ischemic attack (TIA) - a type of mini-stroke, cerebral vascular attack (CVA), or temporal arteritis (TA). TA is inflammation and damage to the blood vessels and arteries that supply the head. This is what ultimately caused Tomlinson's blindness.

The Tomlinson suit alleges that nurses, Dr. Gregory Lawson, and Midwest Emergency Department Services of O'Fallon are all at fault. The suit states in part that, "There was no differential diagnosis made that in any way considered or addressed Juanita's chief complaints related to her vision problems and associated symptoms."

Aftermath

Tomlinson has been suffering severe depression since the onset of her blindness. She now lives with, and must depend on, her daughter. Prior to going to the hospital, Tomlinson was very active, independent, and had good eyesight for a woman her age. (The complaint does not mention how old she is.)

We expect the health care professionals to know what they're doing when we go to see them. Sometimes they make mistakes. They're human, after all. I remember going in for a sore throat once and being diagnosed with allergies. Two days later I had a brutal case of tonsillitis that took me out of school for nearly a week. Obviously this is small potatoes compared to Juanita Tomlinson's story. However, the fact is misdiagnoses happen all over the country. And when these problems lead to a permanent downgrade in quality of life, or death, people may wonder where to turn.

If you, or a loved one, have had a misdiagnosis that caused pain or suffering, please contact an experienced personal injury lawyer.

Pennsylvania State Trooper, Samuel Nassan, took the stand on Tuesday to explain his actions in the Christmas Eve 2002 shooting death of a 12-year-old boy named Michael Ellerbe. Nassan claims that he shot Ellerbe, in the back while he was running away from an SUV he had stolen, because Nassan's then-partner, Juan Curry, had just fallen over a fence and accidentally discharged his weapon. Nassan believed Curry had just been shot and responded in kind.

Murder or Accident?

Days after Ellerbe's death, his family called it "murder." Civil rights attorneys for the family agreed, and the NAACP demanded that at least three members of the African-American community be part of the investigation. State police expressed sorrow and remorse, but refused to discuss details of the incident or the investigation. It is known that one shot through the back and into the heart killed Ellerbe; however, an additional wound to his arm seems to show that Ellerbe was grazed by a bullet from a different direction. It isn't known who fired the shot or exactly how he received it. Even the coroners disagree on the particulars of how Ellerbe was killed. Ellerbe's family and attorneys claimed there was a cover-up, especially after the state troopers were absolved of wrongdoing by a jury in January, 2003.

Family Sues for Wrongful Death

Claiming the state police involved never told Ellerbe to stop before firing, and claiming there was a conspiracy, the family sued seeking more than $75,000 for wrongful death. The suit claims that Ellerbe suffered fear and pain prior to his death.

Senior deputy attorney general, Kemal Alexander Mericli, arguing on behalf of the state, claimed in March 2004 that state police "enjoy sovereign immunity from tort lawsuits." He argued the two troopers involved shouldn't have to face civil rights charges in Ellerbe's death. U.S. District Judge Joy Flowers Conti disagreed and allowed the suit to move forward. It is still being argued today.

For a little over five years Michael Ellerbe's family has been struggling with the boy's death. They know who killed him and how he died, but they've been living in limbo with regard to who will ultimately take responsibility. Both Samuel Nassan and Juan Curry have expressed remorse, as have the state police of Pennsylvania, but this has done little to assuage the family, and the community's, anger.

Yes, Michael Ellerbe, a 12-year-old, was behind the wheel of a stolen SUV, and yes, he ran from the police. But things get murky after that. All we have to go on is what the two troopers there have said, and a boy who was ten at the time, who says he saw the whole thing from his upstairs window. Clear answers may never be given. What is clear is that Michael Ellerbe's family, as well as Samuel Nassan and Juan Curry will continue to live with the consequences of that day.

If you live in Pennsylvania, and you believe a loved one has suffered a wrongful death at the hands of the police, please contact an experienced injury lawyer.

John Fiocco, Jr., a student at the College of New Jersey, went missing from his dorm room in the early hours of March 25, 2006. His body was found in a landfill a month later in Tulleytown, Pennsylvania. While the cause of Fiocco's death has not been determined, it is thought he may have somehow fallen through the door of the compactor room and into the trash container inside.

The Lawsuit

Fiocco's parents filed a lawsuit in state Superior Court alleging the College and others did not secure this area, deemed as "hazardous" in the dormitory. The suit also claims campus police did not respond in a timely manner to Fiocco's disappearance. Several "John Does" who might be responsible for the service and operation, management, and supervision of the College's facilities are also named in the lawsuit. Fiocco's family is seeking punitive damages, but it is not specified how much they are asking for. It was reported in September 2006 that the family was seeking over $5 million.

Safe Environment?

The lawsuit claims the College did not "provide a safe and secure residence and learning environment." And we can argue until the cows come home about this question. How safe should college campuses be? Alleging "willful, intentional, outrageous and malicious" conduct on the part of the College and the other unnamed defendants only gives a glimpse into what the Fiocco family and their lawyers think. But, for the most part, campuses are fairly safe. It's usually the conduct of a few that make the news.

Drunks who fall down elevator shafts or plummet from their dorm windows, off campus Greek parties with binge drinking 18-year-olds, and other stories generally steal the headlines. This causes the public to believe the nation's college campuses are full of boneheaded, apathetic, and entitled kids who would rather party than study (and this might be partially true).

Yet, John Fiocco might have been none of these. Because the events leading up to his death are unclear, we don't know. It can be assumed from the lawsuit that this might have been an accident. Maybe he was reaching down to grab something that fell into the chute and he fell with it. Maybe he was screwing around. Whatever the case, parents assume that when they send their kids off to college, there will be competent adults in charge who are looking to prevent deaths like this. If there was "reckless disregard and indifference to the health, safety and welfare" of John Fiocco, as the lawsuit contends, then the College needs to be punished.

If you, or a loved one, feel that you have a wrongful death case and would like to pursue a legal avenue, please contact an experienced injury lawyer.

Ruben Navarro, a 25-year-old who suffered a nerve disease for most of his life, died at the beginning of February while in the operating room at a San Luis Obispo, California hospital. In a criminal complaint against Dr. Hootan Roozrokh, prosecutors allege Navarro's death was hastened by a mix of sedatives usually given to dying patients.

What does not seem to be at issue is that Navarro was dying. However, Dr. Roozrokh, a transplant surgeon, is accused of hastening Navarro's death by telling the nurses to give him a mix of morphine and Ativan, a sedative. Dr. Roozrokh is also accused of injecting a topical antiseptic called Betadine into the feeding tube of Navarro. On top of that, others in the transplant profession are wondering why Roozrokh was even in the operating room while Navarro was still alive. According to Thomas Mone, president of the Association of Organ Procurement Organization, standard practice is "for the surgeon to be outside the operating room until death has been declared."

Consequences

The 34-year-old Dr. Roozrokh, who was trained at Stanford, faces up to eight years if he is convicted. He, of course, has pleaded not guilty. His attorney states the doctor did not mean to hasten Navarro's death. A gag order has been imposed, making any further statements unlikely for the time being.

This case does not just affect the Navarro family, Dr. Roozrokh, and the hospital, but may also affect the way people look at the donor process. Goran Klintmalm, president for the American Society of Transplant Surgeons, worries that the case will be sensationalized by the media, decreasing organ donations, and keeping patients on the transplant wait list that much longer.

Ruben Navarro's mother has filed lawsuits against Dr. Roozrokh and the hospital. The hospital has already settled, but has denied liability. The hospital claims they settled "in an effort to put this incident behind [them] and to hopefully allow [Mrs. Navarro's] healing process to begin."

And in perhaps the saddest part of the case, Ruben Navarro's organs could not be used because they were no longer viable after his eight hour ordeal.

Though this case will perhaps give those who want to donate their organs pause, and make those on the transplant list worry about a lengthened wait, we need to believe that an overwhelming majority of transplant surgeons are good people. We need to believe that hospitals will do everything they can to heal us, or make our suffering as little as possible. While Ruben Navarro was suffering from his disease, adding what his mother sees as a death "without respect and dignity" is beyond the pale.

If you, or a loved one, have been party to a hospital's negligence resulting in the death of someone close to you, you may have reason to file a wrongful death suit. Please contact an experienced injury lawyer in your area to help guide you through this difficult process.

A Las Vegas clinic has been accused of reusing single-dose vials and syringes leading to the largest national hepatitis C scare the U.S. has seen. Officials say up to 40,000 people may be at risk for contracting the disease, as well as being exposed to HIV. Since January, six patients have been diagnosed with hepatitis C. Health officials were prompted to investigate due to the high rate of contraction from this one clinic.

The symptoms of hepatitis C may not show up for several years, but it can cause severe liver damage.

The Endoscopy Center gave five of the six infected individuals anesthesia injections on the same day. According to officials who interviewed employees, it was common practice to reuse the single-dose vials. In fact, many said they were told to do this. As a result, health officials, and the Endoscopy Center, are now trying to contact anyone who may have had anesthesia at the clinic. And due to the way hepatitis C is spread, some of the people who have undergone procedures at the clinic fear their entire family may now have to be tested.

Dr. Dipak Desai, the majority owner in the practice, is keeping silent. However, many other health care professionals are speaking out. While it's unknown why basic procedures were not followed at the clinic, many consider greed to be the primary reason. Putting profit ahead of patients is how many doctors who are not part of the Endoscopy Center are explaining it. This is doing little to assuage the anger and disbelief that many are feeling right now.

If you, or your loved one, have been harmed or exposed to a dangerous illness due to negligence, please contact an injury lawyer with experience in medical malpractice.