Three Children Injured When Train Hit School Bus
Three elementary school children in the town of Dexter, New Mexico were injured yesterday when the back of their school bus was hit by a train on the way to Dexter Elementary School. One rear corner of the bus was smashed in the train accident. The injuries to the children were not severe.
There were seven or eight children on the bus at the time of the accident. The injured children were between the ages of nine and eleven. They were taken to a nearby hospital for evaluation. The other children were sent home with their parents.
All of the children were sitting near the front of the bus. Had there been children sitting in the rear, there most likely would have been more serious injuries sustained in the school bus accident. New Mexico State Police are currently investigating the accident to determine fault. The bus driver claims she didn't see the train coming.
We trust school bus drivers to take the proper precautions to ensure that our children are safe traveling to and from school. While school bus accidents are somewhat rare, when they occur, it often leads to tragic circumstances and serious injuries. If your child has been injured in a school bus accident, it is important to consult an experienced school bus accident lawyer to see if you are entitled to receive compensation for your child's damages.
If you have a school bus accident claim in the Phoenix, Arizona area, please contact the Law Offices of Snyder & Wenner, P.C. today to schedule a consultation.
Colorado Snow Storm Causes Multiple Auto Accidents
A second unexpected spring snowstorm in the past week has wreaked havoc on Denver roads. Approximately six inches of snow hit the Denver metro area just in time for Monday morning rush hour, leading to many auto accidents and several fatalities.
Three people died in three separate accidents in the Denver metro area this morning. In all three auto accidents, the driver lost control of the vehicle and crossed into oncoming traffic, leading to the fatalities. There were many other accidents that did not lead to fatalities:
- An 18-vehicle pileup, including four tractor trailers, caused one serious injury and many other minor injuries
- A multiple car pileup occurred after a driver stopped to help a stranded car and was rear-ended by a semi-truck
- A school bus accident occurred when a truck hit the bus, tipping it on its side
Snowy and icy road conditions were responsible for all of these accidents. It is extremely important to drive more cautiously and leave a greater following distance behind other vehicles when driving in the snow. Defensive driving may help you avoid serious injuries in an auto accident.
When you are injured in an auto accident caused by another driver, it is important to consult an experienced auto accident attorney immediately to see if you are eligible to receive compensation for your damages.
If you have been injured in an auto accident in the Denver, Colorado area, please contact the Law Offices of Burg, Simpson, Eldredge, Hersh, & Jardine, P.C. today to schedule a consultation.
Labels: auto accident, truck accident
Congress Debating Medical Malpractice Bill for Military
Congress is currently deliberating over a bill that would enable individuals serving in the military to sue the U.S. government for medical malpractice. If it passes, this bill would be a complete reversal from our country's current policy on medical malpractice suits against military doctors.
The Carmelo Rodriguez Military Medical Accountability Act was inspired by the tragic circumstances surrounding the 2007 death of Marine sergeant Carmelo Rodriguez due to skin cancer. When Rodriguez enlisted in 1997, a military doctor found a moon-shaped melanoma on his right buttock, but failed to inform Rodriguez of its presence or refer him to a specialist. In 2005, a different military doctor examined the same region after it had begun bleeding and oozing. This doctor misdiagnosed his cancer, calling it a wart.
After returning from Iraq, Rodriguez visited a non-military doctor and found out that he was suffering from stage-three cancer, which had already metastasized throughout his body. Over the next year and a half, his condition continuously deteriorated until his death in 2007 at age 29.
If this bill passes, it will increase governmental accountability on medical issues related to the care of our military personnel. Hopefully, it would also result in improved health care for our troops so that tragic mistakes like this do not happen again.
It is important to consult an experienced medical malpractice attorney if you have suffered any injuries as a result of subpar medical treatment. You may be eligible to receive compensation for your damages.
If you have a medical malpractice claim in the New York City metropolitan area, please contact the Law Offices of Silberstein, Awad, & Miklos, P.C. today to schedule a consultation.
Mandatory Helmets for Skiers?
In light of the recent tragic death of actress Natasha Richardson after a minor ski accident, many people are questioning the safety of one of our country's most popular winter sports. It is very true that skiing comes with inherent safety risks, but so do many other sports. Each year, hundreds of people suffer broken bones, back injuries, mild brain injuries (concussions), and knee injuries on the ski slopes. Yet, it is rare that these injuries are ever life threatening, and the majority of injured skiers come back for more as soon as their injuries have healed.
Natasha Richardson's death from a traumatic brain injury caused by a ski fall was certainly a freak accident, not the norm for skiers. She could have sustained that injury just as easily riding her bicycle, slipping and falling on ice, participating in a martial arts class, or playing contact sports such as football. Yet because it happened on the ski slopes, legislators across the country now feel the need to meddle in the good time of outdoor enthusiasts.
The Brain Injury Association of New Jersey is currently lobbying for legislation that will make helmets mandatory for skiers under the age of 14. While wearing a ski helmet is certainly a prudent way to cut back on the risks associated with skiing, the decision to wear one should be left to the individual skier.
As a longtime skier and former resident of a major ski resort town, I am well aware of the risks associated with the sport, and I personally wear a helmet every time I go out on the slopes. However, I also support the rights of others to choose not to wear them if they prefer.
So long as you understand the risks associated with skiing without a helmet, you should be able to take those risks if you choose. Part of the charm of the sport is the fact that skiers and snowboarders get to assert their individuality through their fashion and style on the mountain. By requiring all skiers to wear helmets, you will be limiting this self expression on the slopes.
Despite the sentiments of this message, I do support the wearing of ski helmets, and I think it is a good idea for all skiers to wear them. I have many friends that take serious risks on the mountain and it blows me away that they do not wear a helmet. But I support their decision to take these risks in their own way. That is part of the sport.
If you have suffered a brain injury in the Oklahoma City, Oklahoma area, please contact the Law Offices of Carr & Carr today to schedule a consultation.
Investigators Are Trying to Find Cause of Montana Plane Crash
Federal investigators are currently examining the site of a Butte, Montana plane crash that killed 14 people over the weekend. The private plane was traveling from Redlands, California to Bozeman, Montana with stopovers in Vacaville and Oroville, California. During the flight, the plane got rerouted to Butte.
The plane crashed into a cemetery about 500 feet before it would have reached the runway at Butte's Bert Mooney Airport. There were no injuries to people on the ground nearby, but 14 people on the plane died.
There was very little evidence left at the crash site to help determine its cause. The plane nosedived directly into the ground, bursting into flames and setting nearby trees on fire.
The weather does not seem to have been a factor. The plane crash occurred on a clear day. It is still uncertain whether the plane contained voice or data recorders that could shed better insight into the causes.
It is important to consult an experienced plane crash lawyer if you have a loved one who died in an airplane accident. You may be eligible to receive compensation for your loss.
If you have a plane accident claim in the Phoenix, Arizona area, please contact the Law Offices of Snyder & Wenner, P.C. today to schedule a consultation.
Man Sees Blue from Taking Too Much Viagra
John Pettigrew, a 58-year-old British plumber, has been seeing blue for several weeks after overdosing on Viagra. The divorced man hadn't had sex in over a year. When the time came to get back on the horse, he struggled with his performance, prompting him to seek a prescription for Viagra. He also obtained additional Viagra pills illegally through the Internet.
According to Pettigrew, the drug was doing its job properly, so he figured he may as well increase the dose: "I admit I ignored the advice on the packet -- I was having too much fun."
Blue vision is one of the more rare side effects caused by Viagra. Others include headaches, facial flushing, and upset stomach. However, perhaps the most alarming side effect linked to the erectile dysfunction drug is the development of Non-Arteritic Anterior Ischemic Optic Neuropathy (NAION), a sudden vision loss caused by a blockage of blood flow to the optic nerve.
NAION blindness has been reported to be 18 times higher in Viagra users than for other prescription medications approved for use by the Food and Drug Administration (FDA). It is important to consult an experienced pharmaceutical injury lawyer if you have suffered an adverse reaction to taking Viagra. You may be eligible to receive compensation for your damages.
If you have a defective drug claim in the Mobile, Alabama area, please contact the Law Offices of Long & Waite, P.C. today to schedule a consultation.
Labels: defective pharmaceutical
Brain Injuries Aren't Always Immediately Apparent
The recent death of actress Natasha Richardson after a seemingly minor ski accident underscores the importance of seeking medical attention immediately if you have received any type of blow to the head. Richardson died from a condition that many neurosurgeons commonly call "talk and die" syndrome.
Richardson fell Monday afternoon while taking a ski lesson. The fall seemed relatively ordinary, not anything to be concerned with. Her behavior after the fall seemed normal as well, so she did not think to get examined by a doctor for the presence of a brain injury. However, she began to develop symptoms indicative of a serious brain injury later that evening. By the time she received medical attention, she had suffered fatal brain damage.
It is very common for brain injury victims to experience a similar progression to Richardson's, where symptoms do not become apparent until several hours or possibly even several days after the accident. Unfortunately, by the time these symptoms appear, it is often too late to prevent permanent brain damage or potentially even death.
These latent onset brain injuries are caused by an epidural hemorrhage, a condition occurring when blood builds up between the skull and the layer of skin between the bone and the brain, called the dura matter. When a blow to the head ruptures an artery, the resulting hemorrhaging causes a build-up of pressure in the skull. This pressure impacts the brain, causing it to swell, further reducing blood flow to the region.
Over time, symptoms will begin to develop from the injury. The longer the injury persists without medical attention, the more serious the consequences. In Richardson's case, the damage was done quickly. She received medical attention several hours after the injury, but it was already too late to save her life.
If you have been injured in an auto accident, sports accident, or slip and fall accident, it is important to seek medical attention immediately, even if you feel fine. You may have sustained a serious brain injury that will not become apparent until later. If your injury was caused by the negligent actions of another, you should consult an experienced brain injury lawyer as well. You may be eligible to receive compensation for your damages.
If you have suffered a brain injury in the Orlando, Florida area, please contact the Law Offices of Michael Barszcz, M.D., J.D. today to schedule a consultation.
Labels: brain injury
Hospital Discovers Deadly Bacteria in Neonatal Unit
Miami Children's Hospital has moved children from the Neonatal Intensive Care Unit (NICU) into another section of the hospital in order to cleanse the ward of toxic substances. At least two strands of pseudomonas, a fatal and drug-resistant bacteria, have been discovered in the NICU recently. Two babies have died from exposure to the toxic substance within the past week.
The NICU at Miami Children's Hospital is responsible for treating premature or sick newborn babies. Doctors who had originally planned on sending newborns to the NICU for treatment have been making alternate arrangements as a precautionary measure.
Hospitals have an obligation to maintain a safe environment for their patients. This includes ensuring that hospital wards are sterile and sanitary so that sick patients with already weakened immune systems do not suffer needless harm from exposure to toxic substances. This obligation is especially important in a children's ward or a neonatal area. When a hospital fails to maintain a safe environment for its patients, it is guilty of premises liability and should be held accountable for its negligent actions.
Most likely, Miami Children's hospital will face two premises liability or possibly even wrongful death lawsuits for failing to remove the deadly bacteria before young children became sick and died. When you or a loved one has suffered an illness or injury due to the unsafe conditions at a hospital, you should consult an experienced premises liability attorney immediately to find out if you are eligible to receive compensation for your damages.
If you have a premises liability claim in the Columbus, Ohio area, please contact the Law Offices of Robert W. Kerpsack Co., L.P.A. today to schedule a consultation.
Labels: premises liability, wrongful death
Health Care Overhaul May Hinge on Tort Reform
As President Obama gears up to attempt a major overhaul of our health care system, doctors and lawyers are digging in for what may potentially be a long battle.
For years, doctors have been arguing that medical malpractice lawsuits are a big reason health care costs are so high. As a result, many medical professionals and medical organizations, including the American Medical Association (AMA), are insisting that any bill dealing with health care reform must contain a provision that will effectively curb the large number of medical malpractice lawsuits running rampant in our country.
Trial lawyers have a slightly different take on the issue. They have adamantly argued that lawsuits are not responsible for rising health care costs.
President Obama's health care reform team has indicated that tort reform will be involved in this bill in some way, but they haven't as of yet offered any specifics. This is a delicate subject. While malpractice insurance premiums certainly contribute to the massive overhead experienced by many doctors, it is not clear that severely limiting these lawsuits is the answer to providing high quality health care at affordable costs. Our tort system serves as an accountability system for medical professionals and ensures patients that they will be properly compensated for injuries suffered due to negligent medical practices.
If one of the goals of this health care reform is to effect a change in the way doctors practice medicine by forcing them to provide higher quality care instead of simply running a barrage of tests to boost the bill, then maintaining our tort system is crucial. Otherwise, there will not be any safeguards to ensure that patients receive the highest possible quality of care at all times.
If you have a medical malpractice claim in the Tulsa or Oklahoma City area, please contact Carr & Carr Attorneys at Law today to schedule a consultation.
Labels: medical malpractice
Accutane Manufacturer Gets New Life on Appeal
Last week, the New Jersey Appellate Court overturned a verdict against Hoffman-LaRoche, the makers of Accutane, and remanded the case for a new trial. This ruling comes directly on the heels of the Supreme Court's decision in Wyeth v. Levine, which dealt a major blow to pharmaceutical companies hoping to avoid product liability claims by using the controversial preemption defense. In many ways, the New Jersey Appellate Division's ruling has given pharmaceutical companies a major jolt in their time of need.
The court overturned a New Jersey jury's verdict in McCarrell v. Hoffman-LaRoche that awarded Andrew McCarrell $119,000 in medical expenses and $2.5 million in compensatory damages in a product liability lawsuit over injuries he sustained from taking Accutane. After using Accutane to treat his acne, McCarrell developed inflammatory bowel disease, causing him to have his colon surgically removed.
The appellate court ruled that the judge in the trial court made a mistake in allowing expert testimony for the plaintiff detailing the number of incidents where Accutane has led to harmful side effects in consumers, while omitting Hoffman-LaRoche's rebuttal testimony indicating the relatively small percentage of Accutane patients who actually suffer harmful side effects. This ruling will most likely benefit other pharmaceutical companies who have experienced similar restrictions in expert testimony.
The appellate court also ruled that the trial court must examine Hoffman-LaRoche's preemption defense based on the Supreme Court's recent decision in Wyeth v. Levine. The trial court must decide whether Hoffman-LaRoche can clearly prove that the FDA would not have approved an alteration to the Accutane label.
Ultimately, this isn't a clear-cut victory for pharmaceutical companies. This case will go to trial again in the state of New Jersey, and Hoffman-LaRoche may still find themselves facing a hefty settlement payment at the conclusion of the second trial. However, this appellate victory will clearly help pharmaceutical companies in future defective drug claims.
When prescription drugs cause you to develop a serious illness or injury from their consumption, pharmaceutical companies must be held accountable. You may be eligible to receive compensation for your damages. Given the complex nature of the laws governing these claims, it is important to hire an experienced pharmaceutical liability attorney who is up-to-date on the rapid developments regarding these lawsuits.
If you have a defective drug claim in the Denver, Colorado area, please contact the Law Offices of Burg, Simpson, Eldredge, Hersh, & Jardine, P.C. today to schedule a consultation.
Labels: defective pharmaceutical, product liability
ExxonMobil to Pay $150 Million over Gas Leak
A Maryland jury has ordered ExxonMobil Corp. to pay $150 million in damages to a class of 300 people who suffered medical and property injuries from wells contaminated by a gasoline leak near Baltimore.
In total, about 26,000 gallons of fuel leaked from a gas station. The leak persisted for 37 days before it was discovered. Approximately 675 gallons of fuel leaked each day during this period. The jury did not find ExxonMobil guilty of fraud in the incident; therefore, damages were only awarded to cover personal injury claims.
Many Baltimore residents have suffered severe devaluation of property values as a result of the incident. One man claims that he will be unable to sell his home for at least 5-10 years as a result of the damage caused by the gasoline leak. Many others have developed health conditions from exposure to toxic substances.
ExxonMobil declared that from the moment they became aware of the leak, they did everything in their power to rectify the situation. Currently, they have spent over $38 million to clean up the area and have complied with all requests made by the Maryland Department of Environment.
Whether intentional or not, when a major company is responsible for releasing hazardous and toxic substances into the environment, they must be held responsible for the financial damage caused by their negligence. It is important to consult an experienced personal injury lawyer if you have suffered any kind of medical or property damage from the negligent actions of a large corporation.
If you have a personal injury claim in the Maryland or Washington, D.C. area, please contact the Law Offices of Chaikin, Sherman, Cammarata, & Siegel, P.C. today to schedule a consultation.
Teen Dies After Doctors Fail to Diagnose 4.4 Pound Chest Tumor
Christopher Chaffey, a 19-year-old volunteer charity worker in England, recently died from a 4.4 pound chest tumor. Despite having repeated opportunities to properly diagnose Chaffey's condition, doctors failed to detect the presence of the tumor until two days before his death.
Chaffey had visited his doctor regularly over a 15 month period, complaining of excessive sweating, hair loss, fainting, chest pain, headaches, and vomiting. Chaffey's mother said that at one point, Chaffey had many veins protruding prominently through his chest. During one visit, blood tests showed evidence of low hemoglobin levels as well.
Despite the many warning signs exhibited by Chaffey, doctors attributed his symptoms to anxiety and told him to "grow up a bit and stop worrying there's something wrong with him."
By the time doctors found the 4.4 pound tumor in Chaffey's chest, it was too late. The tumor affected his heart and lungs, while others had already developed in his neck and skull.
It is shocking that doctors could miss a tumor quite that large, especially given the many symptoms Chaffey had repeatedly complained of. Clearly, this cancer misdiagnosis is a blatant example of medical malpractice.
It is important to consult an experienced medical malpractice attorney when you or a loved one has suffered a serious injury or even wrongful death as a result of a doctor's negligent actions. You may be eligible to receive compensation for your damages.
If you have a medical malpractice claim in the Orlando, Florida area, please contact the Law Offices of Michael Barszcz, M.D., J.D. today to schedule a consultation.
Labels: medical malpractice, misdiagnosis, wrongful death
Should Preemption Laws Differ for Drugs and Medical Devices?
Recently, the U.S. Supreme Court ruled on two cases that have serious implications for defective drug and defective medical device lawsuits in our country. Interestingly, the two decisions were rather contradictory -- one expanded the rights of victims while the other limited their ability to receive compensation for their injuries.
In Riegel v. Medtronic, the Supreme Court ruled that federal approval of medical devices preempts state laws governing litigation of these products. In other words, if you have been injured by a defective medical device that was federally approved for use with your medical condition, you will not be able to collect damages because the device had been previously approved for use.
In Wyeth v. Levine, the Supreme Court ruled in favor of the victim, stating that defective drugs that have received FDA approval will not be given preemption benefits. In other words, even if a drug has been approved for use, the pharmaceutical company can still be held liable for damages suffered if the drug is defective.
Clearly, the Supreme Court is making a distinction between the laws governing drugs and medical devices. But why have they done so, and is this distinction appropriate?
There is a legal basis for this distinction. The Medical Device Amendments of 1976 contain a preemption clause, which led to the Supreme Court ruling in favor of medical device manufacturers. However, the Food, Drug, and Cosmetic Act, which governs the regulation of pharmaceutical products, does not contain a similar clause, resulting in the ruling in favor of injured consumers.
In the wake of these two decisions by the Supreme Court, Congress has revisited this question. They have recently introduced the Medical Device Safety Act of 2009, which would eliminate the preemption laws that provide protection for medical device manufacturers against lawsuits when their products are defective. If this law passes, drugs and medical devices will be regulated by the same principles.
Congress should be applauded for proposing legislation that will expand the rights of victims injured by defective medical devices. It seems absurd that manufacturers are not held responsible when their devices fail to function properly. Making manufacturers accountable for the safety of their products would undoubtedly raise quality control standards and help provide victims of defective devices with the compensation they need to cover medical expenses and lost wages incurred as a result of their injuries.
Given the complex and intricate laws governing these products, it is essential that you consult an attorney who specializes in product liability law if you suffer an injury from a defective drug or medical device. The success of your claim will likely hinge on your attorney's ability to navigate through these complicated laws.
If you have a defective drug or defective medical device claim in the Jacksonville, Florida area, please contact the Law Offices of Hardesty, Tyde, Green, & Ashton, P.A. today to schedule a consultation.
Labels: defective medical device, defective pharmaceutical, product liability
Daylight Savings Time Increases Risk of Auto Accidents
This past weekend, we turned the clocks forward an hour for daylight savings time. While we all enjoy that extra hour of daylight after work, it comes at a serious price -- at least in the short term. Studies have shown that auto accidents increase by 17% on the Monday immediately following daylight savings time.
This is a large enough jump in numbers for all of us to take notice. Apparently, our nation's roads are substantially more dangerous right after we gain that extra hour of daylight. Experts have attributed this phenomenon to sleep deprivation. Many Americans regularly go about their lives with a deficit of sleep. When they lose an extra hour, it becomes very difficult to compensate.
Hopefully, you escaped "national auto accident day" unscathed. However, if you were one of the many Americans unfortunate enough to become part of the daylight savings auto accident statistics, you might be in need of the services of an experienced auto accident attorney. If the accident you were involved in yesterday was caused by another driver, you may be entitled to receive compensation for your damages. Whether the driver was still reeling from his lost hour of sleep or just plain oblivious, obtaining proper legal representation will help ensure that your settlement fully covers all medical expenses and property damage you have incurred.
If you have been involved in an auto accident in the West Palm Beach, Florida area, please contact the Law Offices of Craig Goldenfarb, P.A. today to schedule a consultation.
Labels: auto accident
New Jersey Jury Awards Largest Oral Surgery Malpractice Verdict in State History
A New Jersey jury awarded the family of Francis Keller $10.2 million in a medical malpractice lawsuit involving his wrongful death after an oral surgery procedure. It is the largest oral surgery malpractice verdict ever awarded in the state of New Jersey.
Keller's oral surgeon, Dr. George Flugard, was found guilty of negligence and medical malpractice in a tooth extraction procedure that led to Keller's death. Keller had an immune system condition which made him ineligible for any type of surgical procedure. Flugard was aware of Keller's condition, yet decided to remove his wisdom teeth anyway.
On the morning following the procedure, Keller's throat swelled and he struggled with his breathing. Shortly thereafter, he suffocated to death. He was 21 years old.
We rely on medical professionals to offer us sound judgment about the risks of potential medical procedures we may opt for. When their recommendations go against sound medical practice, they are acting in a negligent manner and are guilty of medical malpractice. When you sustain a serious injury as a result of this malpractice, you are entitled to receive compensation for your damages. It is important to consult an experienced medical malpractice attorney to ensure that you receive a fair and appropriate settlement.
If you have a medical malpractice claim in the New York metropolitan area, please contact the Law Offices of Silberstein, Awad & Miklos, P.C. today to schedule a consultation.
Labels: medical malpractice, wrongful death
Ex-Professional Wrestler Kills Man in Nursing Home Scuffle
Verne Gagne founded the American Wrestling Association in the 1960's and was champion of the league for many years in the late 60's and 70's. Back then, he was body-slamming other men who were equally matched physically and were anticipating the move. No one would have questioned his motives or intentions.
Today, the 82-year-old ex-professional wrestler suffers from Alzheimer's disease and lives in a nursing home in Minnesota. While he does not possess the physical prowess of his heyday, he is still a force to be reckoned with by nursing home standards. Combine this with diminished mental capacity and you have a potential tragedy in the making.
Gagne recently body-slammed a 97-year-old resident living in his nursing home. The resident broke his hip in the incident and died three weeks later.
Nursing home staff and police investigators are uncertain what caused Gagne to lash out at a fellow resident. Considering his mental capacity, he could easily have believed he was back in the ring.
However, this was not Gagne's first violent episode at the nursing home. In a prior incident, Gagne put a choke hold on the same resident he accidentally killed with his body-slam. Based on this history of violence and his imposing physical stature by nursing home standards, the staff should have taken greater precautions to ensure the safety of the other residents.
By failing to properly monitor Gagne's behavior, the staff inadvertently caused the death of a resident. It is difficult to blame Gagne for his actions. He suffers from a condition that inhibits proper mental functioning. Most likely, he was not fully aware of what he was doing. However, it is reasonable to expect that the nursing home staff would take extra precautions to ensure that a former professional wrestler with Alzheimer's does not accidentally injure another resident. This negligence on the part of the staff makes them guilty of nursing home neglect.
When we place our loved ones in a nursing home, we trust that the staff will take proper care of our family members. When staff members violate this trust, they must be held accountable for their actions. It is important to consult an experienced nursing home abuse attorney when you have a family member who has been intentionally or unintentionally mistreated while living at a nursing home. Your loved one may be eligible to receive compensation for his or her damages.
If you or a loved one has been a victim of nursing home abuse and neglect in the Phoenix, Arizona area, please contact the Law Offices of Snyder & Wenner, P.C. today to schedule a consultation.
Labels: nursing home abuse
Supreme Court Upholds Victims' Right to Sue Drug Manufacturers
The Supreme Court upheld a $6.7 million damage award to Diana Levine, a Vermont musician who had her arm amputated after suffering gangrene from an injection of an anti-nausea drug. The Supreme Court verdict will have a major impact on future pharmaceutical liability lawsuits.
The decision to reject limits on defective drug lawsuits based on previous FDA approval is an important step in defending the rights of many injured victims of dangerous drugs. The Supreme Court had previously ruled in favor of limiting lawsuits for FDA approved defective medical devices, a decision closely aligned with the Bush administration's agenda of limiting such lawsuits based on the doctrine of pre-emption -- a policy that supported the legitimacy of a medical device, no matter how dangerous or defective it proved to be, so long as it received FDA approval.
Fortunately, the Supreme Court ruled more responsibly on this case. As a result, others who have suffered serious injuries from taking dangerous or defective drugs will be able to hold pharmaceutical companies responsible for their actions and receive the compensation they deserve.
In the current case before the Supreme Court, Diana Levine had sued Wyeth Pharmaceuticals after she had contracted gangrene from injecting their anti-nausea drug, Phenergan, into her arm. Levine's attorney argued that Wyeth did not sufficiently warn consumers of the risks associated with using injection as a delivery method for Phenergan. Wyeth's attorneys claimed that FDA approval of Phenergan and its warning label should have prevented this lawsuit from going forward. The Supreme Court upheld the Vermont jury's award in a 6-3 ruling.
It is important to consult an experienced pharmaceutical liability attorney if you have suffered an illness or injury as a result of taking a prescription drug. Often, you may be entitled to receive compensation for the injuries you have suffered.
If you have a dangerous drug claim in the Chicago, Illinois area, please contact the Law Offices of Barry G. Doyle, P.C. today to schedule a consultation.
Labels: defective pharmaceutical
FDA Issues "Black Box" Warning for Metoclopramide Drugs
The Food and Drug Administration (FDA) has issued a "black box" warning for drugs containing metoclopramide. This is the strongest warning issued by the FDA.
Metoclopramide speeds up the movement of stomach muscles, causing the contents of the stomach to enter the intestines quicker. It is generally used to treat gastroesophageal reflux disease and diabetic gastroparesis. This drug should not be taken for more than three months.
Some of the most commonly used drugs containing metoclopramide are Reglan tablets, Reglan oral disintegrating tablets, metoclopramide oral solution, and Reglan injection. The FDA estimates that over two million Americans consume these products.
The FDA has issued a black box warning due to a link between long-term or high dosage use of metoclopramide and the development of tardive dyskinesia. Tardive dyskinesia is a disorder marked by repetitive movements of the extremities, lip smacking, grimacing, tongue protrusion, blinking, puckering, or impaired finger motion.
The majority of metoclopramide users who develop tardive dyskinesia have used the product at high doses or for longer than the recommended three month usage period. Unfortunately, this disorder is usually permanent, and there is no known treatment.
If you are using a drug containing metoclopramide, consult your doctor immediately to see if there is a better option to treat your gastric disorder. If you have developed tardive dyskinesia from taking a metoclopramide drug, it is important to consult an experienced defective drug attorney at once. You may be eligible to receive compensation for the damage caused by this dangerous drug.
If you have a pharmaceutical liability claim in the Denver, Colorado area, please contact the Law Offices of Burg, Simpson, Eldredge, Hersh, & Jardine, P.C. today to schedule a consultation.
Labels: defective pharmaceutical
Southwest Airlines Fined for Safety Violations
The Federal Aviation Administration (FAA) has fined Southwest Airlines $7.5 million for safety violations related to their planes. This total is $2.7 million less than the FAA originally wanted to charge Southwest.
Southwest Airlines was fined for flying 46 planes on 59,791 flights that did not undergo mandatory fuselage crack inspections. Approximately 145,000 passengers were on board these flights.
Southwest Airlines is required to meet several safety regulations as part of the settlement. If they fail to meet these regulations, they may be fined an additional $7.5 million. Some of these regulations include providing FAA inspectors greater access to maintenance records and increasing the maintenance staff responsible for signing off on planes that will carry passengers across the country.
The damage caused by plane crashes is often catastrophic. Plane crash victims often suffer severe injuries, including brain injuries, spinal cord injuries, broken bones, severe burns, and in extreme cases wrongful death. If you or a loved one has been involved in a plane crash, it is important to consult an experienced plane crash attorney at once. You may be entitled to receive compensation for your damages.
If you live in the Washington, D.C. area and have been involved in a plane crash, please contact the Washington, D.C. Law Offices of Chaikin, Sherman, Cammarata, & Siegel P.C. today to schedule a consultation.
Labels: plane crash
|