The Injury Lawyer Blog

In 1984, the Port Authority's executive director, Peter Goldmark, asked Scotland Yard to assess security at the World Trade Center complex. Scotland Yard's assessment was that they were "appalled" that there was public underground parking at the complex. The following year, Charles Schnabolk, an outside engineering consultant, stated in a report that an attempt to bomb the Towers was not only possible, but probable. His report also stated that the parking lot was highly vulnerable. Later in 1985, the Office of Special Planning, a Port Authority study group, laid out a scenario that was close to the actual 1993 bombing: "a time bomb-laden vehicle could be driven into the WTC and parked in the public parking area."

The Port Authority read all the warnings, may have seen the writing on the wall, and yet chose not to close the parking structure because "banning public parking in the underground lot…would be an unacceptable inconvenience and loss of revenue." The 1993 bombing showed how just inconvenienced the citizens of New York might become.

Verdict

Yesterday, a New York state court of appeals ruled that because the Port Authority chose to ignore a potentially catastrophic scenario, one that was "open and obvious to any terrorist who cared to investigate and exploit it," they were mostly liable for the attack that killed six and injured 1000. While the court found the Port Authority 68 percent liable, and the terrorists who carried out the bombing 32 percent liable. This stems from a 2005 ruling, which the Port Authority appealed, calling the ruling "egregiously incorrect," as well as "bizarre."

The five judge panel said that while the jury found the acts of the terrorists "obviously odious in the extreme," the Port Authority let the bombing happen by contributing to the conditions. The court also said that the Port Authority should have realized the risk, and that the terrorists were able to complete their mission "without meeting a scintilla of resistance." Furthermore, the Port Authority's income at the time of the bombing was around $100 million, and that the net financial loss from closing the parking structure would have been small. Chastising the Port Authority further, the judges said that had they even met the minimal standard of security, as the Port Authority argued was their only obligation, they failed in this respect.

Damages for the survivors and families of those killed in the bombing have not yet been determined. However, out of 575 original lawsuits, only 50 have been resolved. One of the reasons is that, because the federal government did not create a fund to compensate victims, as it did after 9/11, the families of the first bombing have waited 15 years without a damages trial.

This ruling may have some legal ramifications for those families who held out and did not take federal compensation in 2001 for their loss. They have sued the airlines and airport security companies for failing to protect the airplanes from hijackers.

If you have been injured, or lost a loved one in one of the terrorist attacks in this country, please contact an experienced injury lawyer in your area.

A congressional subcommittee allowed the families of victims who died due to tainted heparin to say their piece today. They told stories of family members looking forward to birthday dinners planned for the night of the day they died, and of multiple family members lost for the same reason.

According to Bart Stupak (D-Mich.), chairman of the House Energy and Commerce subcommittee on oversight and investigations, the blood thinner's contamination has led to the deaths of 81 people and another 785 severe allergic reactions. The victims were either heart patients or those receiving dialysis.

In several of the stories, family members relate similar symptoms suffered by those who died: severe diarrhea, abdominal pain, and trouble breathing. The victims then became unconscious and CPR failed to save them. In all cases the family members stated they never thought heparin might be the cause of death. Johanna Marie Staples, whose husband, Dennis, died on his 60^th birthday, may have said it best when she told the subcommittee "we have a false sense of security" in a country where people expect to be safe and protected from contaminated drugs.

Janet Woodcock, the FDA's director at the Center for Drug Evaluation and Research, told the subcommittee that there have been several major changes recently where drugs are made. She used as an example that the agency only received 150 generic drug applications from US makers in 2007 while receiving over 400 from India, and nearly 500 from China. Authorities believe China is the source from which the tainted heparin ingredients came.

Baxter International, the Illinois-based company with a majority stake in the Chinese company that allegedly sold the tainted heparin was also allowed to speak. Company president, Robert L. Parkinson Jr. said the company is concerned that the addition of hypersulfated chondroitin sulfate to heparin may have been deliberately added in a fraudulent manner. He went on to state that, "the complexity of the global drug supply chain creates new and emerging risks that call for new ways of thinking about, identifying and addressing vulnerabilities."

Until companies like Baxter figure out their problems with how globalization is killing innocent Americans, we'll be hearing about these things now and again.

If you or a loved one has had a severe allergic reaction you believe was brought about by tainted heparin, please contact an experienced injury lawyer in your area.

An 18-month-old girl was killed when her own father backed over her in front of the family's home. The child wandered out of her home in Ohio and walked behind her father's Chevrolet Suburban as he was backing out of the driveway to go to church. The car struck his daughter, pulling her beneath the sport utility vehicle; she was pronounced dead at a local children's hospital. The man and his family were devout Catholics, and he was on his way to Mass when he ran over his daughter. The child was the youngest of eight in the family.

According to the Centers for Disease Control and Prevention (CDC), more than 2,000 children are treated for injuries suffered when they are struck by a vehicle driving in reverse; two children die each week as a result of these types of car accidents. Most of the victims are between one and two years of age. Sadly, the majority of accidents involve a truck or SUV driven by a parent or other close relative.

To avoid this tragic type of car accident, you should:

• Walk all the way around your vehicle before driving it
  
• Know where your children are; make sure they're in full view
  
• Explain to children that parked cars might move and that even though they can see the car, the driver may not see them
  
• Teach children to never play around or behind any vehicle
  
• Always set your emergency brake
  
• Keep toys and bikes off the driveway and away from vehicles
  
• Never leave children alone around cars
  
• Keep keys away from a child's reach
  
• Keep vehicles locked at all times
  
• Never leave children unattended in or around vehicles
  

Accidents like this are tragic enough when the happen to one family, but what about when another individual is the cause? Driveways are one location, but what about parking lots? If your child has been injured or killed due to negligence, please contact an experienced injury lawyer in your area.

When Boston Scientific bought Guidant Corp. for $27.5 billion, they also bought the company's faulty defibrillators. Now, Patsy Roberts has filed a wrongful death suit against Boston Scientific alleging that a faulty defibrillator was the cause of her husband, Joseph Roberts', death.

Joseph Roberts received an Implantable Carioverter Defibrillator (ICD) in 2000. His ICD was the Medtronic InSync Sentry with Guidant leads. This was two years before Guidant Corp. claims to have discovered there was a flaw in the defibrillators. In 2005, the same year Guidant officially announced a recall of their defibrillators, Roberts was admitted to the hospital to be upgraded with a Vitality 2 biventricular automatic implantable cardioverter-defibrillator. He died two months later.

The same year Roberts received his upgraded ICD is the year 996 defibrillators were manufactured with another defect. This time, it was under Boston Scientific's lead. It wasn't until April 2007 that Mrs. Roberts discovered the Vitality 2 had been recalled for a defect.

The suit alleges a conspiracy between Guidant and Boston Scientific to hide the fact the defibrillators were defective, which "has caused a number of the devices to short circuit and malfunction." The suit also claims Guidant and Boston Scientific are liable due to the theory of "strict products liability and that the products were defectively designed, manufactured and/or marketed." There are a slew of other allegations in the suit including negligence, fraud, breach of warranty, and violation of the Texas Deceptive Trade Practices-Consumer Protection Act.

Damages sought include loss of consortium, society and affection, funeral and burial expenses, grief, as well as damages for pain, suffering and mental anguish Roberts went through before he died.

If you have been injured or lost a loved one due to a defective defibrillator, please contact an experienced injury lawyer in your area to find out if you may file a claim.

US Airways Flight 1250, traveling from Orlando, Florida to Philadelphia, Pennsylvania has become the latest chapter in the saga of airlines struggling with fuel prices, lost luggage, and stressed out, well, everybody. While American Airlines grounded over a thousand flights recently to make sure they were up to FAA standards, and Southwest was exposed for flying planes with structural cracks, Flight 1250 is this fear put in motion.

In March, while flying over Maryland, a four foot by five foot section of paneling from the left wing came loose and flew off. It hit windows toward the rear of the plane before disappearing into the Maryland sky. The missing piece has yet to be found. The outside panes of several windows were broken but the inner panes held, and the plane never lost cabin pressure.

The National Transportation Safety Board (NTSB) downgraded this from "accident" to "incident" because the plane was still able to fly normally. Flight 1250 did touch down 30 minutes after the "incident" and none of the 180 people on board were injured. Scared, yes, but unharmed.

Problem with Fasteners

Investigators found that wing fasteners were cracked on the plane's wing. The remaining pieces of the wing were found to have metal fatigue which caused two of the three clips to "fail" before the flight, and the third failed during the incident. The clips were installed after problems were found in fasteners installed earlier. All 757s were ordered to install a redesigned fastening system in the 1980s by the FAA. Eastern Airlines used to own the plane involved in the March incident and was installed with the redesigned fastening system. It was this system that failed.

Fortunately Flight 1250 was able to land without any further problems. However, as the nation's air fleet continues to age, more and more planes are found to have problems like this one. US Airways reportedly found fastener problems with seven other planes after this incident. Multiply that by the number of carriers in the US, and the chances for a catastrophic air disaster goes up.

While the loss of a loved one in a plane crash is incredibly slim, it can still happen. If you have suffered the loss of a family member in an airline disaster, please contact an experienced injury lawyer in your area.

As the Chinese government continues to insist that it had nothing to do with the tainted anti-coagulant heparin supplies found in stocks in the U.S. supply, officials have found contaminated heparin in 11 other countries. Meanwhile, the tainted heparin is now suspected in 81 deaths here. The Food and Drug Administration has identified 12 Chinese plants that have supplied tainted heparin to Australia, Canada, China, Denmark, France, Germany, Italy, Japan, the Netherlands, New Zealand, and the U.S. However, the origin of the contaminant is still being investigated. It is suspected that the added ingredient, hypersulfated chondroitin sulfate, is the culprit and that it was fraudulently added into the supply chain at some point.

The U.S.-China heparin row has taken on a new dimension with the Chinese government insisting that it be allowed to inspect the New Jersey plant where finished heparin vials are made. The plant is run by Illinois-based Baxter International. Ning Chen, second secretary at the Chinese Embassy states, "We don't have strong evidence to show that it is heparin or its contaminant that caused the problem." He states further that the problem has only been in the U.S., and refutes the finding that other nations were affected.

This seems to add to the fuel already on the fire regarding the safety of products from China. Lately products as diverse as tainted fish, toxins in pet food, lead in toys, and poisonous toothpaste have created problems between China and the U.S. This week has already seen the FDA send a warning letter to Changzhou SPL, the plant in China tracked down as the probable source of contaminated heparin. The letter states that the plant is unclean, the ingredients to make heparin, pig intestines, were received from an unacceptable vendor, and that the plant has no way to remove the impurities.

China has promised reforming the way products imported into the U.S. are created, going as far as executing the top Chinese food and drug regulator for taking bribes, but they also accuse "foreign forces" of making something out of nothing.

Another part of this issue that has come to light is that the FDA is badly underfunded. It is believed that, at the current pace, it will take the FDA over 25 years to inspect every foreign plant that exports medicines to the U.S., 13 years for every foreign drug plant, and almost 2,000 years to check out every foreign food plant. The Bush administration has acknowledged the problem, but Bush's current budget does not provide funds for the FDA to hire more inspectors. Should we get used to hearing more about substandard products from places like China?

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

The family of a woman hit by a bus as she was crossing the street in Daly City, California has filed a wrongful death suit against the bus driver, as well as the San Mateo County Transit District. In November of last year, 50-year-old Amy Aiwa Leong Chan was crossing inside the crosswalk when she was struck. The police initially said Chan, whose leg was run over, would survive. However, her family alleges she died ten days later due to massive brain damage suffered in the accident. They are suing for burial expenses and punitive damages.

The bus driver, Juan Ignacio Perales, allegedly had a poor driving record, and was unfamiliar with the bus and the route at the time of the accident. The Chan family accuses SamTrans of negligence in his hiring. Perales never faced criminal charges in the case, and the police referred to it as a possible matter of reckless driving only. Prosecutors never pursued an indictment against Perales where the evidence pointed to Perales' inability to see Chan as she was crossing the street. Deputy District Attorney Morley Pitt said, "There was glare on the passenger side window and his line of sight was obscured by a door frame and part of the bus."

Witnesses have given conflicting reports of what happened at the crosswalk. One witness states Chan ran in front of the bus while another witness states she was simply walking. Regardless, the Chan family is still struggling with the fact she was hit while inside the crosswalk.

If you have lost a loved one in an accident involving a county transit vehicle, please contact an experienced injury lawyer in your area.

Though it occurred nearly ten years ago, the mother of Deborah Kirk, Phyllis May, believes Franklin County, Ohio should still be held responsible for her daughter's murder. Records show Kirk called 911 three times before a Franklin Township officer showed up. By that time, Kirk's boyfriend, Marvin T. Moss, was lying on top of her and covering her mouth so she couldn't scream.

The officer knocked, but left when no one answered. The security guard with him, and who had a key to the apartment, did not open the door. Kirk was strangled to death, and her body found inside her bedroom the next day.

Lawsuit

Jurors in Franklin County are now trying to decide if the issue of the dispatchers and technicians lack of communication was "willful, wanton, and reckless." The officer was sent, but the call was classified as low priority. May's lawyers argue that the failure to protect Kirk was "systemwide" by officers of the sheriff's office, and that the officer in question, David Ratliff, violated department policies by only performing a cursory check before leaving. Also held responsible are the dispatchers who spoke with Deborah, but didn't notify the officer that she had been slapped and was screaming at Moss to leave her alone.

Too Little, Too Late

Marvin T. Moss committed suicide in his cell six months after confessing to Kirk's murder. Since then, two of the communication technician's involved in Kirk's frantic calls that day have retired, and a dispatcher has been disciplined. Franklin County began extensive training on how to handle domestic violence calls, and a police cruiser is now sent to all 911 calls. While the county has claimed immunity from civil damages, the judge has ruled the case can go to trial. One wonders if Deborah Kirk would still be alive today had Franklin County had all of this in place before August 13, 1998.

If you have lost a loved one due to another's willful maliciousness, you may have a wrongful death claim. Please contact an experienced injury lawyer in your area to discuss any questions you may have.

The Colorado Department of Transportation (CDOT) has started a new safety program, called "Live to Ride," due to the rising number of motorcycle accident fatalities. According to CDOT, a record high of 90 deaths were recorded last year. This number has doubled in just over ten years. Since 2008 began, ten motorcycle deaths have been recorded in Colorado. CDOT estimates that, as of 2007, there are 157,000 registered motorcycle operators in the state. This obviously doesn't take into account the number of unregistered riders who are still on the roads.

Sergeant Rich Munroe, supervisor for the Colorado State Patrol's motorcycle team, states, "Most of the fatalities are men, and most are not wearing a helmet." This mirrors statistics compiled by the National Highway Traffic Safety Administration. There is currently no helmet law in Colorado except for riders and their passengers who are under 18-years-old. The reasons for more deaths also seem to be part of the trend we are seeing across the country: warmer weather and more motorcyclists on the roads. What CDOT, and other groups, feel is missing is training.

Live to Ride    

"Live to Ride" is a program focused on training, and encourages more riders to take a safety-training course through Motorcycle Operator Safety Training (MOST). CDOT has been joined by insurance companies Allstate and Progressive who will offer discounts to those who complete the class.

In a 2006 survey conducted by CDOT, nearly all riders who responded knew that Colorado did not have a helmet law. And, though a majority of those severely injured or killed in accidents sustained head injuries, only about one-third of the respondents would support a helmet law.

If you or a loved one has been injured in a motorcycle accident, please contact an injury lawyer in your area to see if you can file a claim.

Members of both political parties believe that the Food and Drug Administration needs further funding if it is to continue to protect American lives. As it stands now, a report sent out last year by a panel of outside advisers stated the FDA does not have the staff, scientific expertise, or the money to do all it can. The Appropriations subcommittee, which oversees the agency's funding, met with Dr. Andrew C. von Eschenbach yesterday to decide just how much money the FDA needs. All in attendance believe the White House suggestion of an increase of three percent in next year's allocated budget is not nearly enough. Dr. von Eschenbach said the agency wanted to hire an additional 700 people this year, but the proposed White House budget won't even cover expected increased costs.

Citing the heparin controversy, Dr. von Eschenbach said the FDA wants to open three new offices in Beijing, Shanghai, and Guangzhou, China. They will increase their Chinese staff to 13 with five native Chinese hired locally. This will hopefully lessen the chances that tainted products, such as the blood-thinner heparin, will make it to American markets.

It isn't only tainted heparin, but a plethora of other items, that are investigated by the FDA. Pharmaceuticals, food, medical devices, and even cosmetics are OK'd by the agency. Without the necessary funding, we may see an increase in the numbers of people injured and killed by products that had no business being sold, or given, to consumers.

If you or a loved one has been injured or sickened by a defective product or pharmaceutical that could have been removed from the market by the FDA, please contact an experienced injury lawyer in your area.

Cruise control switches in Ford Motor Company vehicles are continuing to cause problems. Specifically, they're heating up and causing the vehicle to burn. Nearly 1,500 fires are alleged to be due to a faulty switch that was installed in millions of Ford, Mercury, and Lincoln vehicles from 1999 to 2004. However, the problem is still so worrisome that the National Highway Traffic Safety Administration issued an advisory in February to customers who have still not fixed the switches. They are asking that owners disconnect the switches immediately. So far very few owners of the vehicles have brought them in to be repaired.

Ford alleges that the recall was done in stages because it wasn't clear in the beginning what was causing the problem. It is now believed that applying the brakes causes a vacuum which causes a seal in the switch to fail. Brake fluid then leaks in and corrodes the seal. Because the switch has power all the time, the corrosion causes the seal to overheat and ignite. This means that the fires can start even when the ignition is turned off and the vehicle is sitting in the driveway. This has caused not only vehicles, but buildings to burn.

Before the investigation was closed in August 2006, the NHTSA linked 65 fires directly to the faulty cruise control switch, but a further 1,472 complaints were made which allegedly began in these vehicles engine compartments. Sixty further complaints were registered after the investigation was closed.

Though Ford stopped making the switches in 2002, it is believed that many of the 2003 F-150 Lightning models were installed with the faulty switch. And, in what may be even more embarrassing for Ford, there was a recall of the recall.

Recall of the Recall

A wiring harness was fitted between the deactivation switch and speed control unit. This was done to cut the electrical current which ran to the switch in case it overheated. However, in most of the vehicles it was installed in, the harness didn't work because the fuse was installed on the wrong side. In some cases, the device was installed on the wrong vehicles.

Consumer auto safety advocate, Clarence Ditlow, believes that the NHTSA's notice was "too little too late" and should have been made as soon as the recall was announced. He also believes that the way this was drawn out over ten years is inexcusable. If there is a design flaw, he says, all vehicles with that design should be recalled.

Though no deaths are linked to the fires, three wrongful death claims have been filed against Ford.

If you believe that your Ford burned due to a faulty cruise control switch, you may have a defective product claim. Please contact an experienced injury lawyer in your area. Then go buy a Toyota.

When one thinks of mall security, chances are the images that pop into the head range from gangly pimply-faced teenagers, elderly men asleep at the station, or something in between. Whether fair or not, due to the media portrayal, mall security guards get little, if any, respect. Reasons vary, but for the most part, mall security doesn't seem terribly interested in getting involved with trouble at the mall. If there is something going on, mall security is rarely present or walking the other way.

Such is the case brought forth by a Boynton Beach, Florida family. Their son, Berno Charlemond, was gunned down outside a mall in 2006. According to the Charlemond family's lawyer, Ken Metnik, the 24-year-old was jumped and beaten before being shot six times, and at no point did security get involved. "No witnesses even saw a security guard," he says. "Security didn't say stop or go to the police."

Now, due to perceived inaction, The Simon Property Group and Control Security Services are on the receiving end of a $75,000 lawsuit. The family and Metnik cite loss of companionship as part of the suit. The Simon Group disagrees and is confident in mall security. Of course they are.

Gang Shooting?

While the incident is thought to stem from a Haitian-American gang dispute, Charlemond's family vehemently denies Berno was involved in a gang. The shooter, Jesse Cesar, was himself killed several months later outside another Orlando mall.

As with many other places of business in this country, malls are just another example of a place you can be shot in. Whether it's a despondent teen who decides to gun down as many people as he can before committing suicide, or a gang-style shooting, one of the questions which comes up is, where was security to stop the person? Granted, these cases are thankfully few and far between, and just as surprising to mall security as they are to the general public. It's difficult to anticipate when someone is going to pull out a gun. And mall security isn't usually how they are usually perceived. There is a reason they're hired by malls (shoplifting, fighting, et cetera), and if they aren't doing their job, the owners of the mall have every right to terminate the company's contract – or single out the individual who isn't doing their job to be fired. However, if the mall security had the chance to intervene in this case, then obviously the responsibility for Charlemond's death lies at their feet.

If you have lost a loved one and believe their safety was compromised by a business or company's negligence, you may have a wrongful death claim. Please contact an experienced injury lawyer in your area to discuss your situation.

William Marler, a Seattle lawyer and food safety expert, testified before the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) to discuss why illnesses resulting from E. coli O157:H7 bacteria soared in 2007. The panel believes that the last time any significant positive changes occurred in this area was at the beginning of the decade. These illnesses, which resulted in some deaths, were a major factor in the decision to recall millions of pounds of ground beef last year. Central to Marler's testimony is that recalls and illnesses increased substantially in the latter half of 2007, and were greater than any year since 2000. In part, the findings show:

• 2006 - Eight recalls of 156,235 pounds of ground beef
  
• 2007 - Twenty-one recalls of over 30 million pounds of ground beef
  

Marler also concurred with the panel that the low amount of illnesses and recalls from 1994 to 2004 was "too good to be true."

Theories

Marler stated several theories of why there was such a massive increase in the number of illnesses and recalls, including:

• Better Reporting - More doctors may be able to recognize the symptoms of E. coli poisoning, which lead to detecting outbreaks and forcing recalls.
  
• Complacency - Marler wonders if meat processors may have "slacked off" causing them to be less likely to detect tainted beef.
  
• Global Warming - The dry weather of the Southwest and Southeast may have caused windblown fecal dust to waft through beef-slaughtering plants. Excessive rainfall in other regions may have led to muddy holding pens where E. coli is more likely to thrive.
  

Three other theories Marler put forward that seem unlikely, but are worth noting, include high oil prices, the heavy-handed governmental crackdown on illegal immigration, and the "Darwinian explanation."

Other Pathogens

While E. coli is one of the most popular bacterial agents to find its way into the media spotlight, Marler also mentioned salmonella, listeria, campylobacter, and shigella. The nation has seen outbreaks of each of these illnesses, but it is E. coli that sickened and killed many people who consumed tainted spinach at the beginning of 2007, and helped to bring down food producer Topps. However, while it is E. coli O157:H7 that is primarily serotype to blame, Marler states that other non-O157 toxins are just as deadly, specifically O26, O103, O111, and O145.

While these letters and numbers may mean nothing to the average consumer, the implication is that there is more than one kind of E. coli that may rise in the future to harm and kill people. Because the very young and elderly are more susceptible to illness, this should give us pause and lead us to ask the question, why does this continue to happen if there are supposed to be definitive ways in which our food is kept safe? Food poisoning affects people in different ways, but those who have seen their children hooked up to kidney dialysis, or have lost family members deserve answers.

If you, or a loved one, have become ill due to eating tainted food, you may be entitled to compensation. Please contact an injury lawyer in your area.

Clinical trials of Exubera, an insulin inhaler, have shown an increased incidence of lung cancer. Exubera is made by Pfizer, Inc. in a partnership with Nektar Therapeutics. The findings have lead Nektar to end talks about marketing Exubera with potential partners.

Trial Findings

According to Pfizer, six of 4,740 patients treated with Exubera developed lung cancer, while one of 4,292 patients untreated by Exubera developed lung cancer. One case of cancer apparently developed after Exubera was placed on the market. However, Pfizer claims that those who developed lung cancer were smokers and that there were too few cases to determine a concrete link, and states this on Exubera's warning label.

Health and Money

Though Pfizer said it would stop marketing Exubera in October, this story stems from the FDA's ongoing review of the trial and post-marketing investigation. Sales of Exubera were also less than stellar, and promises of helping diabetics avoid needles never really came to fruition. What was once thought to have the potential to be a $2 billion windfall has now become a problem for Pfizer who must now explain the timing of the marketing authorization withdrawal with regulatory agencies. Nova Nordisk and Eli Lilly have also abandoned insulin inhaler programs since Pfizer quit last year.

If you, or a loved one, believe your lung cancer can be linked to Exubera, please contact an injury lawyer with experience in pharmaceutical liability.

Six families whose loved ones were killed in an off-duty officer's shooting rampage last October have had their claims denied by the Crandon (Wisconsin) City Council. Claims are the first step in filing a wrongful death suit. 20-year-old Tyler Peterson gunned down his ex-girlfriend and five other people in an apartment, and left one young man injured. Peterson then either killed himself, or was killed by a police sniper hours later near some woods north of Crandon.

The claim alleges that the city police department and the Forest County Sheriff's Department were negligent in hiring someone with a violent past. Peterson was a sheriff's deputy and part-time police officer in Crandon. The claim was brought by the family of Jordanne Murray, Peterson's ex-girlfriend, who were seeking more than five million dollars. Named in the claim as defendants are Crandon Police Chief John Dennee and Forest County Sheriff Keith Van Cleve.

The City Council had 12 notices of claims before them, and turned down each one unanimously in a closed session. Other claims were filed in Forest County, but the County has taken no action on them. Corporation Counsel Paul Payant claims that the police department had no evidence or knowledge that Peterson was capable of this level of violence. However, Jordanne Murray's family and friends contend Peterson was controlling and abusive, which lead to the breakup between the two.

If you have lost a loved one due to violence, and you believe their supervisor should have known better than to hire them where they had access to guns, please contact an experienced personal injury lawyer in your area.

The National Initiative for Children's Healthcare Quality reports that o ne out of every fifteen hospitalized children is harmed by accidental overdoses, bad drug reactions, and mix-ups with medicine. This is much higher than previously reported; prior reports showed two out of every 100 children are harmed, but the rate has gone up to 11 for every 100 children. Based on government data, this is 7.3% of hospitalized children, or roughly 540,000 a year.

Triggers    

The traditional way of reporting hospital errors with children includes those hospitals voluntary reports and "nonspecific patient reviews." Reliance on hospital staffers voluntarily reporting problems showed less than 4% were detected. The current study which randomly reviewed 960 medical charts for children at 12 children's hospitals nationwide, but some believe the problem to be much worse than it has been reported due to the selective nature of the charts. For example, the study did not take into account general community hospitals where a majority of children are admitted.

The new method of monitoring which was developed for the study showed a list of 15 "triggers" on children's patient charts including use of antidotes for drug overdoses, lab tests, or side effects that seem suspicious. Triggers listed include:

• using vitamin K as an antidote for an overdose of Coumadin, a blood thinner
  
• a blood test showing insulin overdoses
  
• using a drug called naloxone for overdoses of painkillers and morphine
  
• a lab test identifying blood clotting problems from an overdose of heparin (a drug that has seen its share of problems lately)
  

The study showed that 22% of the problems were preventable and that most were mild cases. None caused permanent brain damage or death, but there were some that showed potential to cause serious harm.

Actor Dennis Quaid and his wife Kimberly have been in the news recently for the heparin overdose their twins suffered soon after they were born. Their public hospital error is one of the stories that has pushed this story and helped the media to take notice. While their children are fine today, Quaid's advice for parents is that they ask attending doctors and nurses what medicine their children are getting and why.

If your child has suffered an injury due to hospital error, please contact an injury lawyer in your area.

Three men working to install a water main beneath a bridge fell into the Arkansas River when the scaffolding they were on collapsed Wednesday morning. Two of the men have not been located and are presumed drowned. The third man's body was found entangled in rope that was attached to the platform.

Because of rain and rough currents in the river, the search for the two missing men has been postponed. A spokesman for the Pulaski County Sheriff's Office said, "There will not be an active search," and that the bodies will most likely turn up within one or two days. However, because the river is swollen from recent flooding and heavy rain is predicted for the next couple of days, it could be longer.

The men were employed by a Roanoke, Texas company called Oscar Renda Contracting Inc., and were in Arkansas to help with a $43 million project for the Arkansas Water Utility. OSHA will be leading the investigation into why the scaffolding collapsed.

If you have lost a loved one in a construction accident, please contact an experienced injury lawyer in your area to discuss your legal options.

After it was recently reported that Southwest Airlines had been flying dozens of jets that had not been properly inspected for structural damage, as well as a recent crackdown on other airline maintenance issues, United Airlines has announced it will ground its fleet of 777s for maintenance checks. American Airlines and Delta canceled hundreds of flights of the MD-80 last week to ensure they were in compliance with FAA directives.

United has found that tests relating to one of the bottles in the cargo fire suppression system on the 777 had not been performed. They opted to ground the fleet and voluntarily disclose this information to the FAA rather than risk a fine.

The Cracks in Southwest Airlines

This stems from the discovery that Southwest knowingly violated mandatory inspections, and when they belatedly conducted the inspections they found cracks in the bodies of six 737s. The longest crack measured four inches in length. The FAA fined Southwest $10.2 million, the largest ever levied against an airline. Southwest has said it will challenge the fine, and that the carrier is the one who revealed to the FAA the lapses in their inspection. It has also been reported that a supervisor who permitted the airline to fly after knowing there were cracks in the jets has been suspended.

It is widely known that flying is the safest way to travel. Very few airlines crash, and very few have mechanical problems where an emergency takes place. However, these things happen. If a plane goes down, the chances of survival aren't very good for those on the plane, as well as any bystanders on the ground.

Some of the crashes, as well as some of the mechanical problems may have been avoided with the maintenance checks we expect from airlines. With this new knowledge that Southwest has failed to maintain its safety inspections, a potential ripple effect has occurred. Other airlines are now grounding flights and inspecting their airlines as if they're next on the FAA's list. This news also comes from some concern that airline maintenance across the board is lax in some areas.

For many people, flying can be an uncomfortable or even terrifying experience. Flying with the knowledge that a major airline disaster may rest with maintenance on the ground and execs in offices shouldn't add to the concern of these people.

If you have lost a loved one in a commercial airline disaster, please contact an experienced injury lawyer in your area.