The Injury Lawyer Directory Blog

Over the Memorial Day weekend, the military contractor once tied to Halliburton, KBR, asked a judge to throw out a lawsuit brought by the family of a soldier who died in Iraq when he was electrocuted while showering. Staff Sgt. Ryan Maseth, a 24-year-old stationed with the Green Berets in Baghdad, was killed in January, and an Army investigation found that the electric pump that supplied water to the building was improperly grounded. His death is considered an accident, yet the Maseth family believes since KBR was responsible for supplying the military with things such as showers and food, they are also responsible for Sgt. Maseth's death.

Though Sgt. Maseth's death is tragic, he is one of at least twelve soldiers who have been electrocuted in Iraq. The Maseth family is trying to find out what KBR knew and what - and when - the government knew. Because KBR was attached to Halliburton, there is some suspicion that Dick Cheney, who once led the energy company before becoming vice president, knows what was going on as the US invaded Iraq and began parceling out contracts to their companies the Bush administration favored. Cheney has denied having any contact with Halliburton or KBR since he joined the administration. KBR is also accused of price gouging the military and government even though they deliver questionable service.

The Maseth family may wonder why their son, a highly trained soldier, died in this manner, but they are not alone. Democratic chairman of the House Committee on Oversight and Government Reform, Henry Waxman, asked Defense Secretary Robert Gates to hand over documents relating to the electrical systems managed by the military. Many are concerned about the pattern they see which extends into KBR's management - or lack thereof.

Handing out government contracts to your friends is certainly undemocratic. But what's the word for it when your friends may be responsible for the deaths of at least twelve soldiers whose lives were contingent on your friends' corporations doing their job? And what do you call it when your friends' corporations ask a judge to throw out a lawsuit like this over Memorial Day weekend?

If you have lost a loved one in Iraq who was killed in an accident where negligence may have been a factor, please contact an experienced injury lawyer in your area to see if you have a claim.

When Elizabeth Nelligan visited her primary physician's house for dinner in 2005, she got more than she wanted. Her mother was dating the doctor, Mark Radzicki, at the time, and this was a social visit. However, Radzicki who was allegedly drunk, staggered and stepped onto Nelligan's foot, and then fell on her. Nelligan's foot was beneath her when both she and the doctor fell. X-rays the following day didn't show anything was wrong with her foot, but follow=up X-rays showed a fracture was healing. Nelligan's injury then developed into Reflex Sympathetic Dystrophy (RSD).

RSD is a chronic neurological disorder whose symptoms include tissue swelling, sensitivity to touch, and burning pain. Since the accident, Nelligan has suffered almost constant pain, dropped out of college, and gave up her plans on becoming a doctor because she feels the demands would make the pain impossible to manage. She was told that she could spend the rest of her life in this kind of pain. There was also a spinal stimulator implanted in her spine to help Nelligan deal with the pain. As a result, Nelligan, now 24 years old and taking pain medication and anti-depressants, sued Radzicki for negligence.

A Hampden (Massachusetts) Superior Court jury awarded Nelligan $5 million and another $1 million in interest on Monday.

If you have been seriously, and perhaps permanently, injured as the result of another party's negligence, please contact an experienced personal injury lawyer in your area.

A $350 million verdict has been upheld by a federal judge in a class-action lawsuit brought by residents living around the defunct Rocky Flats nuclear plant against its former operators. Rocky Flats is located 15 miles outside of Denver, Colorado. Judge John Kane stated in a ruling released Tuesday, May 20 that the suit could move forward and added eight percent interest compounded annually. This interest will be dated back to 1990, the year the suit was originally filed. This works out to more than $900 million for around 15,000 property owners to be paid by Dow Chemical Company and Rockwell International Corp., the two companies managing Rocky Flats from 1951 to 1988, the year the plant closed.

The suit charges that the nuclear weapons plant contaminated the surrounding area, lowering property values and "constituted a trespass and a nuisance. The suit was originally brought by a group of five people. In the 18 years since the suit, one of those five has died. Many of the plaintiffs still have no comment for the media regarding their apparent victory due to the fact that this case is not over. It is now destined for the 10^th Circuit Court of Appeals.

In 1992, Rockwell International pleaded guilty to ten crimes against the environment, including five felonies, and paid $18.5 million in fines. However, lawyers for Rockwell and Dow contend a "harmless, miniscule amount" of plutonium was released from the plant. This plutonium then traveled downwind into the communities surrounding Rocky Flats. Both companies have sought to overturn the jury's ruling, claiming inconsistencies and that the punitive damages exceeded a cap.

A Brief History

Rocky Flats was the site where plutonium triggers for nuclear warheads were manufactured in the 1950s during the height of the Cold War. Contamination of the land began as early as 1959 when barrels of radioactive waste were found leaking into an open field. However, this was not made public until the 1970s when radioactive particles were detected in the air in Denver. Rocky Flats increased in size during the 1960s and a large number of plutonium-based products were stored there. Many of these also leaked, and in 1969, a fire in one of the buildings led to the costliest industrial accident in the US up to that point, but also led to safety upgrades. Rocky Flats made the news several times during the '70s, '80s, and '90s, but one of the highlights which led to the suspension of plutonium production came in 1989 when an employee left a faucet running. This caused chromic acid to be released into the sanitary water system. Another highlight came in 1989 when Department of Energy officers were served papers by FBI agents.

Perhaps the most ironic event to come out of the Rocky Flats nuclear weapons plant's existence is that after environmental and restoration cleanup began in the early '90s, it was redesignated as the Rocky Flats Environmental Technology Site.

If you suspect a government weapons facility is harming you and your community, and are wondering if you have a claim, please contact an experienced injury lawyer in your area.

Infants born with congenital anomalies, such as microtia, an ear deformity, and cleft palate, may have gotten them due to exposure to mycophenolate mofetil (MMF). According to the FDA, MMF is the active drug in CellCept, manufactured by Roche Pharmaceuticals, and part of the chemical makeup of metabolite mycophenolic acid (MPA) in Myfortic, manufactured by Novartis Pharmaceuticals. Both CellCept and Myfortic are immunosuppressants. Links have also been made between MMF and MPA, and spontaneous abortion in the first trimester.

Expectant mothers were taking these drugs as part of their treatment following organ transplant, lupus, and erythema multiforme, a type of skin disorder caused by an allergic reaction. It has been noted that treatment for these conditions began before the women became pregnant, but continued into the first trimester.

Labeling of both MMF and MPA was revised in November 2007, showing the Pregnancy Category as "D." This rating means that there is "positive evidence of human fetal risk, but potential benefits may warrant use of the drug in pregnant women despite the potential risk." The FDA is currently working with the manufacturers of these drugs to reduce fetal exposure and lowering risks.

Notes for Women from the FDA

If you have a child born with birth defects or have miscarried, and you believe the cause was MMF or MPA, please contact an experienced injury lawyer in your area to see if you have a claim.

Atrium Medical Corporation has announced it is recalling lots of its Hydraglide brand heparin-coated Thoracic Drainage catheters due to contamination of the blood thinner. The contamination only affects selected lots of Atrium's catheters, and they have not received any reports of patients who have had adverse reactions. However, because they have found contaminated samples, they are proactively recalling all lots.

This stems from the high-profile heparin recall that has killed at least 81 people. Drug maker Baxter International who manufactures heparin has been at the center of an investigation first announced in February. Since the heparin recall it has been reported that the contaminant is hypersulfated chondroitin sulfate, and may have been fraudulently added somewhere between China, where the raw ingredient is manufactured, and a facility in this country. While the original recall was for single- and multi-dose injections used in cardiac surgery and kidney dialysis, the Atrium recall is new. While the heparin-coated catheters are not considered a high dose, as are the previously recalled syringes, the potential risks of what this contamination means to patients is still too great.

Atrium has requested that those with contaminated lots stop using them immediately.

If you or a loved one has been injured by tainted heparin, please contact an experienced injury lawyer in your area to find out if you have a claim.

The recent recall of Digitek (digoxin) due to twice the appropriate dosage goes back to March 2006. The FDA issued a recall notice at the beginning of May and stated that the distributer, Mylan Pharmaceuticals, and its manufacturer, Actavis Totowa, were voluntarily complying. The drug was distributed under the "Bertek" label. The drug was also marketed under a "UDL" label and distributed by UDL Laboratories, Inc., but no mention of this label is part of the recall.

However, the tablets have been distributed since 2006, more than two years before the recall was announced by the FDA. In class-action lawsuits that have been filed against Actavis, it is alleged that the FDA found problems with Digitek in 2006 at the manufacturing plant in Little Falls, NJ. There is also some concern that there were "unexpected adverse drug events" that go back to 1999.

Since the news of the Digitek recall, users who have been injured have come forward to complain about many of the symptoms of digitalis toxicity, including dizziness, nausea, and kidney damage. If you feel you have suffered "unexpected problems" due to taking Digitek, please contact an experienced injury lawyer in your area.

The fire that killed 100 people in 2003 at a Great White rock show in Rhode Island has seen another chapter close. Foam manufacturers including Leggett & Platt, Inc. and Wm. T. Burnett & Co. have agreed to pay $30 million to settle lawsuits brought by survivors and family members of those killed at the Station night club. The amount of payments now exceeds more than $100 million and includes past settlements with well-known companies such as Home Depot and Clear Channel Broadcasting, as well as several fireworks manufacturers. These latest settlements must now be approved by those who have sued, as well as the federal judge overseeing the case.

The fire began just as Great White started when flammable egg crate foam on the walls and ceiling were touched off by on-stage pyrotechnics. The foam was meant to soundproof the nightclub. While it is not clear which company made the foam, the club owners, Jeffrey and Michael Derderian, bought it from American Foam Corp. American foam has also been sued.

The survivors and family members of victims' lawsuit allege the foam was sold without any flame-retardant and that toxic smoke and gases were produced when it caught fire. The lawyers contend the companies failed to satisfactorily test their foam before being distributed and sold, as well as failing to let users know of the foam's danger.

Great White's former tour manager Daniel Biechele, who lit the pyrotechnics, pleaded guilty to 100 counts of manslaughter and spent 22 months in prison. The Derderian brothers both pleaded guilty to the same charges. Michael Derderian is currently serving four years while his brother, Jeffrey, was spared jail time.

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

A massive sinkhole that opened up near Daisetta, Texas may have been the result of too much saltwater being pumped into the ground by a company called Deloach Vacuum Services. Deloach was given a permit by the Texas Railroad Commission to dispose saltwater waste. Saltwater is a byproduct of oil production, and is stored underground to avoid contaminating the environment.

The sinkhole measuring 900 feet across and 260 feet deep has reportedly slowed or even stopped. It swallowed trees, telephone poles, oil barrels, and a number of vehicles between Tuesday and Thursday. It has also closed the main street of Daisetta. While geologists believe the sinkhole may be related to pumping saltwater into the ground, Daisetta sits on a salt dome where oil and natural gas have accumulated for millions of years. The town was "poised for potential sinkhole problems."

Deloach has received two violations in the past: One for exceeding the amount of wastewater it was allowed to inject into the ground, and one for failing to test for leaks on the disposal well before the end of April. The first violation resulted from Deloach injecting between 128,000 and 192,000 barrels of waste water per month when they were only supposed to inject 90,000 barrels per month.

Small sinkholes began opening up around Daisetta in the 1980s, but this is the biggest the town has seen. The next time might be even bigger, swallowing houses and more. And, though the cause of the sinkhole has not been determined, fingers are pointing at Deloach for helping to bring on the damage. Does this make them responsible, and if so, are they going to be held responsible, or is the state of Texas going to be the sole party doling out financial assistance, as seems the case right now?

If you are in need of an injury lawyer with experienced in premises liability, construction accidents, or any other type of negligence, please contact one in your area to have your claim evaluated.

Nine months after going into Beaumont Hospital in Royal Oak, Michigan for a heart catheterization, 74-year-old Rosa Kashat is still there. A lawsuit filed by her family alleges that Kashat fell off a table and suffered a serious head injury and "other sever damage" while she was there. Her son, Safa, says that she also broke her ribs and her hip, and had to have her spleen removed.

Beaumont Hospital has apologized and taken responsibility. In a prepared statement, the hospital regrets the injury and will continue to care for Kashat at no charge. However, the family wants more than free medical care for Kashat. They are working to get the hospital incident report to find out exactly why Kashat fell off the table in the first place.

A court will decide on if this case is malpractice or neglect.

If a loved one has suffered injuries due to medical malpractice or neglect, please contact an experienced injury lawyer in your area.

Some of the largest oil companies, including Citgo, Sunoco, BP, Royal Dutch Shell, Conoco Phillips, Chevron, Valero, and Marathon Oil have agreed to pay out nearly $424 million to settle a lawsuit brought by over a hundred public water companies. They will also pay for 70 percent of future cleanup costs over the next 30 years. Companies who refused the deal include Exxon Mobile, who has seen record profits over the last several years.

The gasoline additive methyl tertiary butyl ether, better known by its acronym MTBE, has allegedly contaminated drinking water supplies across the nation. The plaintiffs include water systems in over 15 states, including New York and California. The suit claims that the chemical additive contaminated groundwater and lead to the drinking water becoming "unpalatable," and tasting like turpentine. It also caused cancer in lab rats, according to the Environmental Protection Agency.

MTBE was originally added to gasoline in 1979 to increase octane levels, but it became more widespread in the 1990s after the Clean Air Act of 1990. The Clean Air Act mandated its use in cities to reduce smog and pollution. Fuel burns more thoroughly when MTBE is mixed with gasoline. However, it was found to contaminate the groundwater when it was put into use. It has since been banned in 23 states.

Oil companies have been looking for another additive to use in place of MTBE. This has lead to the use of ethanol as a replacement.

Defective Product

Oil companies have fought hard to avoid paying penalties for cleanups, claiming they were forced to use MTBE. It is estimated a total cleanup will cost tens of billions of dollars. A lawyer representing Chevron and Shell has noted that the settlement does not claim MTBE is a defective product, and that the oil companies "are prepared to vigorously defend the product."

A lawyer for Exxon says that the company has no plan to settle, and states, "When [Exxon] engages in conduct that injures people, it pays recompense for that. In all these cases, our conduct did not cause injury, or cause damages. Our conduct was lawful."

Although this might be Exxon's official line, the lawsuit contends that oil companies continued to use MTBE even though they knew there were health and environmental risks posed by the chemical.

There have been hundreds of lawsuits brought against oil companies and their use of MTBE since the 1990s. If this deal is approved, it will be the largest settlement regarding the chemical to date. In 2003 the Republican-led Congress tried to shield MTBE manufacturers from litigation with a provision, but failed due to strong opposition.

The case will go to trial in New York this September.

Though MTBE has not been ruled a defective product by any court in the land, if you feel you or a loved one has suffered injuries due to contaminated groundwater, please contact an experienced injury lawyer in your area to see if you have a claim.

The estate of Irmona Browning filed a medical malpractice suit against Meridian Village Care Center in Madison County (Illinois) alleging they violated the Illinois Nursing Home Care Act. The claim states that Browning fell on two separate occasions, just hours apart where she sustained permanent injuries. Browning suffered a fractured right humerus causing "marked deterioration of her prior physical condition." She also fell out of her wheelchair in the nursing home hallway less than two weeks later, breaking her left humerus head. Browning then had to pay large sums to cover medical expenses and allegedly suffered pain and anguish associated with her injuries.

The claim further alleges that Meridian Village breached its duty to provide Browning's care by negligently:

• Failing to provide adequate personal care and supervised nursing
  
• Failing to report Browning's injuries in a timely manner to the Department of Public Health
  
• Failing to observe changes in Browning's condition to determine the amount of care required and the need for further medical evaluation and treatment
  
• Failing to provide Browning with the necessary services and care to attain or maintain the best physical, mental, and psychosocial well being in accordance with her plan of care
  
• Failing to take necessary precautions to assure the environment around Browning remained free of accident hazards and failed to give her adequate supervision and assistance to prevent accidents
  
• Failing to notify and consult with Browning's next of kin and physician regarding "significant deterioration" in her physical, mental, and psychosocial status, and the injuries she sustained in her falls
  
• Failing to care for Browning in a manner which maintained and enhanced her quality of life and her dignity
  
• Failing to ensure sufficient staff were on duty at all times to meet the needs of Meridian's residents
  
• Failing to prepare and implement written policies and procedures covering all services in compliance with the Illinois Nursing Home Care Act
  

Browning's estate is seeking damages in excess of $100,000, plus the suit's cost.

If your loved one has suffered negligence or poor treatment after suffering an injury in a nursing facility, please contact a personal injury lawyer in your area with experience in medical malpractice cases.

A bill meant to modernize the nation's air traffic control system, improve the inspection of commercial airlines, and ensure that stranded passengers on delayed flights are given food and water failed in the Senate after Republicans blocked the bill. They claim Democrats were trying to add provisions into the bill that had nothing to do with aviation, and were angry that they were not allowed to add in their own amendments.

Specifically, the Republicans objected to a proposed tax increase to raise billions of dollars to make up for expected shortfalls in the nation's highway trust fund next year. They argue that this is meant to build and repair roads and bridges, but not airports.

Perhaps predictable, as these types of political fights are, the Democrats accused the Republicans of obstructionism. Sen. Jay Rockefeller also warned of severe consequences when he stated, "I am deeply concerned that the risk of a catastrophic accident is increasing, not decreasing....I am growing increasingly concerned that our aviation system is operating on borrowed time."

Because of this impasse, the funding for a new satellite-based air control system and tougher safety inspection rules will be put on hold until Congress tries again next year. Also on hold are new rights of airline passengers, as well as a provision stating that airlines must disclose on their website which flights are chronically delayed.

While flight delays can be excruciating, and sitting on a stranded flight with little food or water is probably criminal (someday, anyway), because the infinite wisdom of Congress has delayed overhauling aspects of flying that make the public safer, things will probably get worse before they get better.

Airline disasters that occur due to pilot or mechanical error are horrible enough. What if a catastrophic plane crash is the result of political inaction?

If you have lost a loved one in an airline disaster, please contact an experienced injury lawyer in your area who has been involved in aviation disaster cases.

The FDA has announced that, Actavis Totowa, formerly Amide Pharmaceutical, Inc., has recalled all Digitek (digoxin) tablets due to a double dose of the active ingredient, digitalis, in each tablet. This is a Class I recall, meaning the level of toxicity in each tablet may cause serious health problems or even death, especially to those with renal failure or impaired kidney function.

Digitek is distributed by Mylan Pharmaceuticals with the "Bertek" label and UDL Laboratories, Inc., with the "UDL" label. It has been reported that these double-dose tablets may have been sold for the past year.

Digitek is used to treat abnormal heart rhythms and heart failure, and digitalis toxicity can lead to low blood pressure, an irregular pulse, heart palpitations, and bradycardia. Other symptoms may include:

• Blurred vision
  
• Blind spots
  
• Halos
  
• Dizziness
  
• Nausea
  
• Vomiting
  
• Diarrhea
  
• Breathing problems
  
• Body swelling
  
• Decreased urine flow
  

Digoxin was used in a series of murders in the '80s and '90s committed by Charles Cullen, a nurse who claimed to have killed as many as 45 patients in New Jersey and Pennsylvania.

The active ingredient, digitalis, comes from the foxglove plant (digitalis purpurea). All parts of the plant can be poisonous when ingested by people or animals.

If you or someone you know has been taking Digitek, consult your physician as soon as possible. Retailers carrying this drug should take it off the shelves and return it to the manufacturer immediately. Inadvertent overdosing on this drug can be lethal.

If you or a loved one has suffered adverse effects from the use of Digitek (digoxin), please contact an experienced personal injury lawyer in your area as soon as possible. You may be entitled to compensation and there may be time limits in filing your claim.

An Eagle Mountain, Utah paramedic was ordered reinstated and to be given back pay after he was fired in March. Bryan Miner had reported cases of possible medical malpractice and sexual harassment to his superiors and was allegedly let go for blowing the whistle.

City attorney, Jerry Kinghorn told Judge Dennis J. Fuchs that Miners was not only lying, but was "reckless with the truth" when he came forward. The city now has 30 days to appeal the judge's ruling. Miner has said he will "hold off" to see how Eagle Mountain wants to handle him. Linda Peterson, spokeswoman for the city, said she expects Miner to be greeted hospitably when he returns to work due to city policy.

While Miner was not present for the case of possible medical malpractice or the sexual harassment incident, both alleged situations were brought to his attention. In the medical malpractice case, paramedics responded to a call of a patient who may have suffered a heart attack or stroke. An aspirin was administered by the crew, but one of the paramedics in attendance thought the man was exhibiting signs of a stroke and not a heart attack. While an aspirin may help those suffering from a heart attack, it can harm those who are having a stroke. It was determined later that the man had a brain tumor. Nevertheless, the paramedic who was concerned that the aspirin had been given, even though there were indicators that the victim may have had a stroke, told Miner about it.

In the case of sexual harassment, a female employee told Miner in confidence that she was repeatedly sexually harassed by a captain of the fire department. Miner took her story to his superiors and the captain later resigned his post.

City's Response

City attorney Kinghorn argued that Miner had made many false claims, but the city chose to focus only on the potential medical malpractice and alleged sexual harassment. Kinghorn claims Miner made up the sexual harassment claim in order to get someone in trouble. However, Judge Fuchs heard testimony earlier in the day from the female employee and said it was "clear" she had been sexually harassed. Kinghorn also argued the aspirin claim was false and that a doctor had said later that it was appropriate treatment given what was known at the time.

Judge Fuchs found that Miner not only told the truth, but was required to let his superiors know due to city policy about both incidents.

If you or a loved one has been wrongfully terminated from your job because you let your superiors know what was going on, please contact a lawyer with experience in wrongful termination cases in your area.

In a report to be released this Monday, May 5, by the Journal of the American Medical Association (JAMA), experimental blood substitute tests allowed by US regulators raised the risk of heart attack and death. The report is written by scientists with the National Institutes of Health Clinical Center and advocates from the watchdog organization Public Citizen.

Biomedical companies and the government have been looking for a way to substitute the need for blood for several years. If a blood substitute is found, it will become a financial boon to companies that market it, as well as save lives in such places as battlefields. Theoretically it could be stored for years without the need for refrigeration, as well as not run the risk of carrying infections such as hepatitis or HIV. According to JAMA, the FDA had completed a dozen studies of blood substitutes by the end of 2000, and the risks were well known at that time. Dr. Charles Natanson of the NIH Clinical Center states that the FDA used their data to look at each product and each use (trauma, surgery, and in stroke patients) separately rather than pooling it to see the whole picture.

Ethical Concerns

After Public Citizen filed a lawsuit in 2006 to protest closed-door hearings, the FDA halted a planned test by the Navy to use the substitute on civilians without their knowledge or consent. While this raises certain ethical questions, American companies are testing products on people in South Africa and in some European countries. Cambridge, Mass.-based Biopure Corp. is using their blood substitute, Hemopure, on anemic surgery patients in South Africa. Study co-author Sidney Wolfe of Public Citizen states it is highly unlikely or even impossible, that these countries are aware of the risks, even though the governments have approved the tests.

Findings

The report shows 16 random control studies of five different blood substitutes with 3,700 patients involved. These patients include trauma, elective surgery, and victims of stroke. The findings show:

• A 30 percent higher risk of death for those who received blood substitute transfusions. 164 patients died compared to 123 who received ordinary blood or saline transfusions.
  
• Risk of heart attack tripled with blood substitutes. 59 patients suffered heart attacks with the new product compared to 16 who did not. Experts speculate that hemoglobin in the blood substitute removes nitric oxide from the blood, which causes blood vessels to constrict and a buildup of sticky platelets
  

Perhaps predictably, two of the companies whose products were included in the study call the analysis "flawed." Biopure vice president, Dr. A.G. Greenburg states, "There are vast differences among these products that make any pooling of data flawed, especially across different clinical experiences." Evanston, Ill.-based Northfield Laboratories Inc.'s CEO, Dr. Steven Gould explains that though pooled data can be useful to raise questions, it does not "provide answers about specific products or to examine fully the risk-benefit ratio of any particular product."

Defending the FDA's decision, Dr. Jay Epstein, the director of the FDA's office of blood research and review, says there are enough differences among the blood substitute products and their intended uses to allow some of the studies to continue. Dr. Natanson does give the FDA some credit, but says that while the agency may know more than any one individual at any of the companies, "they may not know the whole story" and there may be information being withheld from the FDA by these companies.

Dr. Natanson's theory seems to be backed up by Dr. William Hoffman, former chief medical officer at Biopure. He left in 2000 because management there wouldn't let him tell the FDA that he believed one of the studies should be halted. However, he states that management at Biopure has changed since then.

While it would be a huge break though to have a blood substitute, especially in times of crisis, there seems to be little doubt that the products being tested are far from ready. Clinical tests on people are an important step, but the individuals should be able to give their consent, and know the risks.

If you or a loved one has been injured due to a product risk you were not made aware of, please contact an experienced injury lawyer in your area.

A federal judge ruled in March that an illegal immigrant who was being held in custody in San Diego died as a result of denial of medical treatment, and that this was "beyond cruel and unusual punishment." Francisco Castaneda, 36, was placed in immigration custody after serving an eight month prison term in 2005 for possession of methamphetamine with intent to distribute.

While in custody, he began to complain of a growing, painful lesion on his penis. According to government records, during Castaneda's 11 month detention, he was given pills to deal with the pain, but the lesion was never biopsied, though this had been recommended by several doctors. However, one doctor at the Division of Immigration Health Services said the agency thought of the removal of the lesion "an elective outpatient procedure" and would not admit Castaneda. Castaneda was released last year, but died in February of metastatic squamous cell carcinoma.

Squamous Cell Carcinoma

Squamous cell carcinoma (SCC) is one of the most common forms of skin cancer usually affecting sun-exposed skin of middle-aged or elderly people. In geographic areas where there is a high amount of sun exposure, SCC is even more common. While most SCCs can be removed easily by a physician, and is thought of as a minor surgical procedure, larger areas may require radiation therapy and "aggressive surgical management." Those who have a high risk of getting SCC also have a higher chance that it will metastasize and require careful monitoring.

Admission of Fault

Last week, the federal government acknowledged it was at fault for Castaneda's death due to refusing him treatment. His family filed a lawsuit for medical negligence, which the government agrees with. An attorney for the Castaneda family said, "The United States' admission of liability is a recognition that they have no defense…for medical negligence and wrongful death." The maximum damages carried by the claim are $250,000.

Because this country is polarized on illegal immigrants, especially illegal immigrants who are imprisoned for drug dealing or possession, it is easy to forget that they are also people who deserve the right to see a doctor when they are sick. Denying them this basic right does not make us a better, stronger nation. If anything, it shows us as a scared, xenophobic, and uncaring people who would rather see people like Francisco Castaneda die than show them compassion. Even the government admits it was wrong in this case.

If you have lost a loved one due to medical negligence, please contact an injury lawyer with experience in the fields of medical malpractice and wrongful death.