The Injury Lawyer Blog

In 2007, the Food and Drug Administration (FDA) approved 19 new drugs. This was the fewest number of new medicines approved in 24 years. At the same time, they announced nearly 75 new or revised black-box warnings about the risks of side-effects. Furthermore, approvable letters the FDA sends out when they believe more data is necessary, increased 40%. According to drug makers the FDA's focus on safety is delaying new drugs, and many of these drugs are potentially life-saving. So what's with the delay?

In 2004, the drug maker Merck, withdrew the painkiller called Vioxx after it was reportedly linked to heart attacks and strokes. As a result, Merck was flooded with criticism and 28,000 lawsuits. Accusations about the drug maker putting profits ahead of customers' safety and the FDA allowing the drug onto the market were made very public. While the FDA may hold some of the responsibility, the drug industry has allegedly manipulated data, concealed dangerous side-effects, and promoted products it knows are dangerous. Evidence points to this episode beginning a sea-change in policy at the FDA. According to Kenneth Kaitlin, director of the Tufts Center for the Study of Drug Development, the FDA is "viewed as an agency that is supposed to keep unsafe drugs off the market, not to speed access to life-saving drugs." Either situation is not likely to gain the government agency points with an already wary public.

While Vioxx is one of the most widely publicized drug recalls, others, such as GlaxoSmithKline's diabetes drug, Avandia, Pfizer Inc.'s smoking-cessation drug, Chantrix, and the recent contaminated heparin debacle have all become part of the public record. As a result, several senators have taken the FDA to task for not being vigilant enough.

Matter of Balance

Though the FDA has approved drugs whose side-effects have led to devastating injuries and death, one of the central parts of this story is that of balancing risks that may affect only a small percentage of users against the possibility of improving quality of life, or even saving lives of hundreds of people. However, the problem certainly goes beyond this. According to the FDA, they have 500 vacancies for its staff of reviewers, and claim that having to train new hires delays the reviewing drug applications. They also claim that the low number of approved drugs is simply because fewer new drugs were proposed. According to Janet Woodcock, director of the FDA's Center for Drug Evaluation and Research, 33% fewer applications were submitted in 2006. Still, is this an industry response to fears of lawsuits when side-effects do harm users? Or is it that research showed the drugs had problems, and would never be green-lighted by the FDA? Dr. Woodcock denies that the FDA has become more conservative in its approvals, so it's unclear.

What is clear is that there are several drugs being held up that may, or may not, benefit users. Recently, Novartis quit trying to gain US approval for the diabetes drug Galvus and the painkiller Prexige even though Galvus is already on the market in Europe and Prexige has been approved in 50 countries. Glaxo's cancer vaccine Cervarix, Schering-Plough's sugammadex, a post-surgical drug designed to negate muscle relaxants, and Merck's pain medicine Arcoxia, were either delayed or rejected outright. These drugs are also on the market in Europe.

The outcome between balancing drugs to help people and drug safety is important, and this is part of the FDA's job. However, we, as current and potential future users need to know that we have access to them. And the drug makers and doctors need to rest assured that they will not encounter lawsuits for putting them on the market or prescribing the dosage.

Still, if you or a loved one has been harmed in anyway by a defective drug, please contact an experienced personal injury lawyer in your area.

A wall of a building being erected for Dayton Freight Lines, Inc. in Indianapolis, Indiana collapsed and killed three masons. Two other construction workers were seriously injured. The wall collapsed toward the end of the day during a thunderstorm. Authorities believe 60 mph gusts of wind may have been partially to blame.

The wall the masons were working on was "green" with new masonry. The bottom part of the wall was already dry. Emergency crews arrived within minutes, but there was nothing that could be done to save the three masons.

According to the U.S. Department of Labor's latest statistics, there were 5,840 work related injuries in 2006. 1,239 of these deaths were in the construction industry. This is a rise from the previous year.

Construction work can be dangerous, no matter what the job is. While most workers are trained in basic safety, defective machinery, faulty tools and equipment, hazardous materials, and simple worker error can still take their toll. The three masons killed were standing below a wall that had not completely dried when it collapsed. Although it is unclear how tall the wall was that they were working on or how many masons were working together, and OSHA will be investigating to see if this could have been prevented, the fact remains that these three individuals, as well as the two who were injured will now be part of the Department of Labor's 2008 statistics when they come out.

If you have been injured or lost a loved one in a construction accident, please contact an experienced injury lawyer in your area.

Fourteen years ago, Exxon Mobil Corp. was ordered to pay $5 billion in punitive damages for the destruction of beaches and wildlife in Prince William Sound, Alaska. This was then reduced to $2.5 billion in 1994 by a federal appeals court. On Wednesday, June 25^th, this was further reduced to $500 million by the U.S Supreme Court. In a 5-3 decision, Justice David Souter, writing for the court, stated that because the company has already exceeded the $2.5 billion amount in compensation to victims for economic losses, punitive damages have already been paid out. Exxon has asked the high court to throw out the punitive damages claiming it has spent $3.4 billion due to the damages which occurred along 1,200 miles of coast line.

Writing for the dissent, Justice John Paul Stevens stated that it was Congress who chose not to impose restrictions on punitive damages under the circumstances. Also in dissent, Justice Ruth Bader Ginsburg said the court was "engaging in lawmaking" with their conclusion. She believes the decision should have been left to Congress. Justice Stephen Breyer agreed with her by opposing a one to one ratio of punitive damages to victim compensation.

Justice Samuel Alito took no part in the decision because he owns Exxon stock.

This decision has left many Alaskans affected and in line for compensation in dismay. Under the original award nearly 33,000 would have collected $75,000 each. Now they stand to gain only $15,000 a person. According to Supreme Court lawyer Jeffrey Fisher, Native Alaskans, landowners, businesses, local governments, and commercial fishermen have had "their lives and livelihood destroyed and haven't received a dime of emotional-distress damages."

Revenue and profit margins of Exxon Mobil have surpassed $330 billion a year for the last several years, and is currently the world's richest corporation whose net income was almost $40 billion last year. As other oil companies, Exxon Mobil is under the threat of investigation for price gouging during a time of record gas prices, as well as for funding global warming skeptics while spending less than a percent on researching alternative energy sources.

While the Exxon Valdez was captained by an alcoholic who had five double vodkas the night of the spill, the fact remains that massive oil tankers continue to dump oil into the oceans, polluting the beaches and killing wildlife, which affects many people's livelihood. Because of this, environmental litigation is sure to have some kind of staying power. However, due to the Supreme Court's ruling, potential punitive damage claims may be significantly reduced.

Cribs made by Jardine Enterprises were recalled on Tuesday because the wooden slats can break. About 320,000 of the Berkley, Hilton, Positano, Spindle, and Windsor crib styles are affected by this recall.

The slats and spindles that break may cause entrapment and strangulation risks for infants in the cribs. There have been a little over 40 incidents reported. Four children have been trapped in the space created by the broken section, and two children - one each in Missouri and Pennsylvania - were bruised and had abrasion.

Scott Wolfson, spokesman for the Consumer Product Safety Commission, states, "Our top message to parents is that babies should not be in this crib tonight or thereafter." He hopes that every parent who has one of the recalled cribs will respond.

The Taipei, Taiwan-based Jardine has the cribs manufactured in China and Vietnam. The defective cribs were sold across the country from January 2002 through May 2008 at major retail outlets including Toys 'R' Us and Babies 'R' Us.

Consumers who purchased this crib should stop using it, and contact Jardine to receive a voucher for a new one.

If your child was injured by a defective Jardine crib, please contact an experienced personal injury lawyer to have your claim evaluated.

A helicopter manufacturer and parts maker has been ordered to pay a New Hampshire couple $9.5 million for injuries sustained when the tour helicopter they were in crashed on Kaua'i in 2007. Judy and Douglas Barton survived the crash, but both sustained fractured spines. Judy is now paralyzed below the chest, while Douglas has frequent back pain that required he give up his machinist job. Another passenger in the helicopter crash was killed.

The helicopter tour was supposed to last an hour, but came down on the Kaua'i North Shore near Haena Beach Park. Investigators found that extreme metal fatigue, which was a problem with other helicopters of the same make, caused the loss of the tail rotor. 500 of the same helicopter models were grounded worldwide as a result of the crash. Similar defects were found in the tail rotors of two helicopters in New Zealand.

Helicopter manufacturer Boeing and parts maker Aluminum Precision Products are paying the $9.5 million dollars. The Bartons will use the money to pay more than $750,000 in medical expenses, hire in-home health professionals, housekeeping staff, and move out of their mobile home.

It's not exactly winning the lottery, is it?

If you or a loved one has suffered a life-changing spinal injury due to a defective product, please contact an experienced personal injury lawyer in your area.

Even though 90-year-old Charles K. Gaal's dentist, Dr. Wesley Meyers, dropped a tiny screwdriver down his throat in October of 2006, he insisted on returning to Dr. Meyers for care. This lead to his death following another incident with many similarities.

During the screwdriver folly, Gaal was going to have Meyers perform a dental implant procedure that was to secure his lower dentures. When the mini-screwdriver was dropped down his throat, Gaal swallowed it and wound up needing a colonoscopy to have it removed from his large intestine. Meyers assured the Gaal family this had never happened before and would never happen again. This was good enough for Gaal who returned to Meyers in May, 2007.

The second time, Meyers dropped a mini-wrench down Gaal's throat where it got stuck. Meyers tried to perform the Heimlich maneuver, but was unsuccessful. Gaal aspirated the wrench into his left lung and had to have surgery to remove it. According to the Gaal family lawsuit, Charles never recovered and died nearly two months later. The complaint alleges Meyers was negligent and failed to document both situations in Gaal's medical records. He also did not report these things to the state, something required by law.

As a result, Meyers was fined $17,000 by the state and is barred from doing further implants until he receives more training. Speaking for Meyers, his lawyer states he took adequate precautions to protect Gaal, which included having an assistant and a high-suction tool present. His lawyer also stated that Meyers "deeply regrets" this incident and stresses that this truly was an accident.

Dr. Ted Haeussner, president of the Florida Dental Association, states that these types of accidents involving dental tools are rare. He also says that safeguarding the dental patient through the use of rubber dams or gauze placed in the throat will keep them from swallowing any tools. However, these can't be used on every dental patient. The Gaal family believes more should have been done to protect Charles Gaal, and wants the public to know and possibly learn from this tragedy. They also plan on suing Meyers.

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

Six new cases of salmonella caused by tainted tomatoes have been confirmed in New York. This brings the national tally up to 383. Furthermore, this outbreak is far from over according to Dr. Robert Tauxe of the Centers for Disease Control (CDC).

The six new cases are somewhat misleading because most of the individuals who were sickened became ill weeks ago, but were just counted. Giving some indication of how bad this salmonella outbreak is, is that test results in many states have backlogs in laboratories. Some states are doing better than others in monitoring how many people are getting sick, though.

The outbreak has spread to 30 states and the District of Columbia, and began on or around April 10^th. The latest illness occurred June 5^th. However, New Hampshire and Pennsylvania, who just reported their first cases, believe some of the infected may have become ill while traveling elsewhere. At least 48 people have been hospitalized.

Difficult to Track

The Food and Drug Administration (FDA) has been helping in trying to track the farm or farms that may be the source of salmonella. However, they believe it may be impossible to trace this to its source. The reason is that when people get sick from eating tomatoes, there are rarely any tomatoes present when the person first gets sick, and tomatoes are sold without supplier tags.

The FDA believes areas of Mexico or Florida are the most likely areas of contamination because they were supplying most of the nation's tomatoes when the outbreak began in April. However, the longer the search goes, the less likely one true source will be found.

The FDA continues to ask consumers to avoid purchasing and eating raw red plum, red Roma, or red round tomatoes unless grown in states or countries that have already been cleared. Safe tomatoes include grape and cherry tomatoes, and those with the vine still attached.

Salmonella causes cramping, diarrhea, and vomiting. Most people are able to recover within a week.

If you or a loved one has become sickened by eating tainted tomatoes, please contact an experienced injury lawyer to see if you have a claim.

Brittany Zimmerman, a 21-year-old UW-Madison student would have graduated in 2009 with a degree in medical microbiology and immunology. She had plans to go on to graduate school after that to study infectious disease. But on April 2, 2008, Brittany Zimmerman was stabbed to death in her apartment. The killer has yet to be found. Hers is the third unsolved murder in Madison in less than a year. While many people wonder who the killer is, and if the three unsolved murders are linked, the Zimmerman family is also struggling to understand how, when Brittany apparently called for help, things got so bungled.

Failure of the System

In the weeks after Brittany's slaying, it was reported that she had called 911 on April 2^nd. However, the 911 operator, Rita Gahagan, on the other end didn't get a response to their questions and hung up on Brittany. Furthermore, Gahagan did not call Brittany back or send police to her address, which is standard protocol. When this first made the news at the beginning of May, County Executive Kathleen Falk acknowledged that "the system didn't work like it should," but refused to concede that mistakes were made, human or otherwise.

Madison Police Chief Noble Wray alleged that there is evidence in the 911 call that should have let Gahagan know something was terribly wrong at Brittany's apartment and should have immediately sent the police. Madison Mayor Dave Cieslewicz stated at the time that he was not going to second guess the 911 Center due to the internal investigation, and believed that county leaders will implement new recommendations.

Though Falk refused to admit anything went wrong, Gahagan was transferred to another Dane County job. Gahagan contends through her union that she did not mishandle the call, which she alleges was nothing more than "faint background noises" lasting about 90 seconds. She also denies hanging up on Brittany.

Four days later, May 6^th, Dane County officials offered apologies to the Zimmerman family and her fiancé, Jordan Gonnering. Gonnering lived in the apartment with Brittany and found her body. Falk also seems to have changed her tune here and sent a letter, in addition to others that were sent. It was also revealed by Dane County Board of Supervisors Chairman Scott McDonell that while 911 procedures and staffing procedures will be reviewed, so will a 2004 audit of the 911 Center that warned of "dire consequences" if changes were not made in funding, oversight, staffing, and other areas.

When the report documenting the handling of the 911 call was released, it was found that it contained edits and redactions, but revealed little, if anything, new.

Lawsuit

As a result of all of this, the Zimmerman family has filed a federal lawsuit against Dane County and Rita Gahagan. The lawsuit alleges negligence on Gahagan's part for hanging up on Brittany and not dispatching police. It also alleges that the county "permitted and tolerated an understaffed and untrained 911 Center." And finally, the lawsuit contends that the acts of the center and Gahagan caused Brittany "extreme emotional distress when she died." The Zimmerman family's lawsuit seeks unspecified damages.

On one hand, people can look at this case and claim the Zimmerman family is looking for scapegoats. Because no one has been caught, they're looking for someone to blame. On the other hand, we expect 911 operators to follow protocol and send help. This may be especially true during hang up calls. What if the person calling for help is not in a position to speak? While people have been known to prank call 911, and kids are curious about those three numbers, there are also cases where those in trouble with access to a phone call the only number they can think of to send immediate help. Even if the Zimmerman family is looking for scapegoats, which seems doubtful when held up against the evidence, perhaps the 911 Center in Dane County, Wisconsin will enforce those problems that first surfaced in a four year old audit.

If you have suffered the loss of a loved one due to perceived negligence, please contact an experienced personal injury lawyer to review your case.

The Food and Drug Administration (FDA) has started to look into raw, or unpasteurized, milk due to the growing concern over food-borne illnesses across the country. Raw milk sales are currently prohibited in 22 states, and cross-border sales are prohibited by the FDA. States that allow the sale of raw milk for human consumption can only sell it within their borders. However, the raw milk demand is growing, in part because customers believe it contains microbes that are beneficial to treat ailments as diverse as autism and asthma. Consumers are also concerned about the chemicals and hormones that are traditionally used in dairy farming. Some believe that his is just another part of the trend for organic and unprocessed foods.

The FDA has tried to shut down the market for raw milk, but because of the hodgepodge of state laws, and the fact that states are largely in charge of regulating the raw milk industry, this is a complex issue. However, local officials in Pennsylvania have recently come down on two dairies they say were shipping raw milk across the border, and health officials in Maryland issued an emergency ban on "cow-sharing" agreements because they felt dairies were trying to skirt the ban on sales of raw milk. "Cow-sharing" is when farmers take care of cows that are leased by consumers. John Sheehan, head of the FDA's dairy office says that raw milk should not be consumed at all. "It is an inherently dangerous product."

While there are adherents and true-believers as to the benefits of raw milk, the FDA claims that hundreds of people have been sickened by salmonella, E. coli, and other types of bacteria. As a result of illnesses which can lead to death, the FDA has opened a criminal investigation of Organic Pastures, California's largest raw milk supplier, based out of Fresno and run by Mark McAfee. McAfee believes himself to be a pioneer at the front of a burgeoning movement of those who will eventually come around to his way of thinking.

Court Challenges

McAfee is also challenging a new California law that requires lower bacteria levels in raw milk. The new law is being appealed not only by McAfee, but by a state senator, and Whole Foods Co. is pressing for a law to ensure raw milk dairies will be able to stay open. However, McAfee is also the center of a lawsuit brought by the families of five children who allege were sickened by drinking raw milk.

Melissa Herzog disagrees with McAfee's stance on raw milk. She alleges her ten-year-old daughter was poisoned by E. coli in Organic Pastures' raw milk product. Herzog's daughter spent two months in the hospital as her kidneys failed in 2006. Health officials agree that the young girl was most likely sickened by the milk she drank.

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

The mother of a seven-week-old baby who died in the Indiana foster care system plans on filing a wrongful death suit naming the Indiana Department of Child Services (DCS) at fault. Randi Linden, mother of Destiny Linden, claims that the infant's death was caused by the improper removal from Linden's home. Destiny died on April 29^th, eight days after being removed from Linden.

Destiny's father, Michael Carter Love, has filed suit against the foster parents, alleging that negligence on their part is to blame for Destiny's death. The foster parents, Everett and Kim Coleman, claim that Destiny was found unconscious in an adult bed. She was kept on life support for five days before she died. Marion County Chief Deputy Coroner Alfarena Ballew believes the death was due to an unsafe sleeping condition, but is withholding cause of death until the results of toxicology and other tests come back.

Adding a further complication to the case, DCS claims that the reason Destiny was taken away from Linden because she failed to protect Destiny by refusing to go to a domestic violence shelter or press charges against Love for an assault he allegedly committed in early April. Attorney Nathaniel Lee is representing Linden and believes if Love had been criminally charged, DCS wouldn't have removed Destiny and she'd still be alive. Love's attorney says Love "vigorously denies the allegations." Love and Linden were not married or even have a relationship at the time of Destiny's death. For its part, DCS is investigating the death, but may have other problems since Destiny was the fourth child to die since November while under DCS supervision.

The Colemans were licensed foster parents in good standing with the state prior to Destiny's death. In his suit against them, Love says they had a duty to care for Destiny and ensure her safety. Because Destiny died in an adult bed instead of being put in a crib, the Colemans breached their responsibility of caregivers. Love is asking for a "fair and reasonable amount" of damages from the Colemans for medical expenses, emotional distress, and the lost of love and companionship of Destiny.

If you have suffered the loss of a loved one due to alleged negligence of another party, please contact an experienced injury lawyer in your area.

After winning 45 wrongful death or injury lawsuits, Taser International, who markets the ubiquitous stun gun, lost a federal case in San Jose, California on Friday, June 6^th. The federal jury found that Taser was responsible for the death of 40-year-old Robert Heston Jr. and awarded his family more than $6 million in damages.

An autopsy showed that Heston died from a combination of meth, an enlarged heart, and from being shocked by a Taser. His family sued Taser International alleging the company did not adequately warn users that the stun gun was dangerous or lethal when used in conjunction with chest compressions and on people under the influence of drugs. Salinas, California police testified during the trial that they were never warned the shocks were dangerous. The verdict gave Heston's family $5.2 million in punitive damages, and $1.021 million in compensatory damages. The six-person jury found that Heston was 85 percent responsible for his death, and Taser 15 percent responsible.

Perhaps inevitably, Taser's executives found this verdict to be a victory for them. A company statement about the case was titled "Jury Finds Extended Taser Device Application 15 Percent Responsible for Arrest Related Death." However, Taser stock dropped nearly 12 percent after the verdict was announced.

This comes at the same time that New York City police commissioner Ray Kelly announced that 520 Tasers would be made available to officers. This may have been helped by a RAND Corporation report stating that, "455 police-involved shootings found 25 cases - including three fatalities - where Tasers might have prevented the gunplay."

Due to the number of occasions where police officers use Tasers on those they feel pose a danger, this will not be the last time Taser International will face a jury. However, as a multimillion dollar company that markets its product not only to law enforcement, but military and citizens, too, it's going to take more than a $6 million verdict to really affect Taser International.

If you or a loved one has been injured by a Taser, please contact an experienced personal injury lawyer in your area.

According to the American Heart Association, over 450,000 adults die of sudden cardiac arrest every year. There are no statistics kept on the number of children who die each year, but it obviously happens. This is exactly the situation the Levine family found themselves in almost three years ago as their 9-year-old son, Robbie, died running bases at Little League practice in Merrick, New York.

As Robbie's dad and coach, Craig Levine, watched his son run the bases and then collapse as he got to home plate. Levine ran to his son, and noticing he didn't have a pulse, began to administer CPR. It took nearly seven minutes for an ambulance to arrive. Robbie was pronounced dead when he arrived at the hospital.

Turning Tragedy into Action

Jill Levine found herself wondering how a previously healthy boy's heart could simply stop. Rather than succumbing to grief, and with two other young children to raise, Levine turned to raising awareness about the need for automated external defibrillators (AEDs) to be on-hand during youth sports. While there are more defibrillators in schools than there used to be, there are not many that are brought to youth sport practice and games. The Levine family aims to change this though the Robbie Levine Foundation.

AED

The AED is a portable device that diagnoses life threatening cardiac problems, such as arrhythmia, ventricular tachycardia, and ventricular defibrillation. Through defibrillation, or stunning the heart to try to get it to reestablish an effective rhythm, the person being treated may have a better chance of survival than with CPR. It is important that use of an AED is done quickly before brain damage or death occur.

AEDs are designed to be used by people who are not emergency personnel, such as teachers, coaches, parents, or others where AEDs may be present. Their use is taught in many CPR, first aid, basic life support, and first responder classes. Because their use is fairly simple, parents like the Levines, would like to see them present in more places.

The placement of AEDs is as important as learning to use them. Government buildings, universities, schools, airports, casinos, shopping centers, and sport stadiums have them. However, making them available to more people in more places is what is needed. Also, because many may be concerned about being held liable if the AED doesn't work or if the victim dies, there is something called "good faith" use in most states, and is covered under Good Samaritan laws. Finally, the risks of using an AED are minimal. Shock to the operator or others touching the victim can occur, as well as skin burns from electrodes, blood clots, and abnormal rhythms are a possibility. Still, these seem small potatoes when using one in a timely manner is the difference between life or death.

If you believe a loved one could have been saved through the use of an AED, and one was not available, please contact an experienced injury lawyer in your area.

Just an hour and a half after hitting a car in Mississippi and injuring the driver, an Amtrak train hit another car in Louisiana killing two people. None of the passengers or crew on the train was injured, which was traveling from Chicago to New Orleans.

After the accident in Mississippi, the train stopped for 37 minutes. It is unclear what caused this accident, but it happened on a side street in McComb where the crossing was marked with stop signs. The driver of the car was able to speak with emergency personnel after his car was clipped and spun into a Dumpster.

The railroad crossing in Independence, Louisiana where the second accident occurred does not have crossing bars that lower or lights, but there are signs posted showing that it is a crossing and that drivers should yield. Witnesses report being able to hear the train's whistle as it approached the crossing where the car was hit. The car apparently pulled out in front of the train, which was traveling almost 80 miles an hour. The car was split in half, and killed driver Beverly Barnett, 48, and passenger Draymond Vinning, 53.

Ronnie Hall, who was a passenger on the train, said that when the train hit the first car, she did not feel anything thing. When the train hit the second car, she felt the train jolt and saw pieces of the car scatter.

The train's engineer was relieved of duty after the second accident, and Amtrak is reviewing his performance, as well as interviewing the rest of the crew as part of the company's standard policy.

If you or a loved one has been injured in a train accident, please contact an experienced injury lawyer in your area.

Darryl Barnes was initially awarded $76.4 million by a jury when he was shot in the back and paralyzed by a police officer 20 years ago. That was then reduced to $8.9 million by a trial judge. Now, Barnes will receive nothing except a bill for $100 for court costs.

The Shooting

On August 22, 1988 in New York, Officer Franz Jerome spotted Barnes running with a Tec-9 semiautomatic pistol. According to prosecutors, Jerome identified himself as a police officer and ordered Barnes to stop, but Barnes kept running. There was a short chase and Barnes fired a shot at Jerome. Jerome fired back, hitting Barnes. Barnes claims he was shot point-blank after he dropped the gun. He alleges he picked up the gun during a fight with two other men and did not see Jerome. He also claims Jerome was not in uniform.

The Aftermath

After 20 years and tens of thousands of dollars spent on court costs, the Court of Appeals refused to hear Barnes' attempt to recoup millions of dollars two different juries ordered the city to pay him. The awards were reversed by a midlevel appeals court. The first appeal brought by the city in 1998 was the result of the city arguing that the trial court excluded evidence that Barnes belonged to an anti-white, anti-police group. This group advocates violent resistance to arrest.

However, in March 2003, Barnes did not show up to the second trial, claiming he was physically and mentally ill. Here, Barnes was awarded $51 million, which the trial judge then reduced to $10.75 million. This second verdict was reversed and dismissed by the appeals judges because Barnes did not appear to prove he was physically and mentally ill.

Barnes' lawyer, Robert Simels is reviewing whether to take the case to the federal level and claims the Court of Appeals upheld a decision that is "1000 percent wrong." On the other hand, the city's top lawyer, Corporation Counsel Michael A. Cardozo, says, "This case became a poster child for the need for tort reform."

Whether or not the actual shooting happened in the way Barnes and his lawyer claim it did, this case has more to do with the way damages are given to those a group of 12 people believe deserve it. We have seen many cases in which city appeals have and the subsequent rulings by judges seem to believe the juries were wrong. But then, that's part of the law of the land, and one the citizens feel is probably just.

If you or a loved one has been seriously injured by a police officer, please contact a personal injury lawyer in your area.

A common dye used in magnetic resonance imaging (MRI) has been linked to a potentially fatal disease for patients suffering with kidney problems. The dye is a gadolinium-based product, and the FDA issued an expansion on the black box warning earlier this year, stating that even a single exposure could cause nephrogenic systemic fibrosis (NSF). Gadolinium is a magnetic ion and used in MRIs to help increase the usefulness of images by binding to different tissues.

NSF is not understood very well by doctors and scientists at the moment, but it causes a condition where the collagen in the skin builds up causing the skin to become hard and "marble-like." Collagen may also build up in the lungs, heart, and liver and can cause death. This is an excruciatingly painful condition. Nearly all cases of NSF have been linked to the patients' exposure to gadolinium dyes and have occurred within three months of the initial exposure.

Though the FDA has not approved any other dyes used for multi-purpose MRIs, a black box warning is the strongest warning taken before a product is banned.

Lawsuit Expiration

According to Beth Klein, an attorney who deals with gadolinium toxicity lawsuits, time may be running out for those seeking compensation. The first set of statutes is set to expire this week, Friday, June 6^th. She states that after this date, many individuals will lose their legal rights to file, may have their compensation amount diluted, and some cases may be time barred.

You may want to consider speaking with an attorney if you have received an MRI and are experiencing any of the following problems:

• Burning, itchy, or swollen skin
  
• Tightening or hardening of the skin
  
• Red or dark spots on the skin
  
• Yellowing of the eyes
  
• Stiff or swollen joints
  
• Loss of movement
  
• Pain in the ribs or hips
  
• Muscle weakness or fatigue
  

Even if you have not received an MRI due to renal problems, if you or a loved one is experiencing any of the side-effect linked to gadolinium toxicity, see a doctor immediately. Also, please contact an experienced injury lawyer in your area as soon as you can to file a claim.