- M. Brandon Smith | August 31, 2006 9:17 PM |
Category:
MiscellaneousA 28-year-old man died in a work related accident while working at contruction company in Selma, Alabama. The construction worker, employed by Pettyline Construction, was believed to have lost consciousness on an elevated scaffolding. OSHA was called into investigate the incident and an autopsy is planned.In situations like this, where someone is injured on the job they may be entitled for...
- M. Brandon Smith | August 31, 2006 2:38 PM |
Category:
Defective & Dangerous ProductsFederal prosecutors are expected to appeal a number of rulings in favor of W.R. Grace & Co., a large Columbia chemical maker, who is alleged to have violated the Clean Air Act and knowingly poisoning former workers and other residents of Montana with asbestos related products. Many maintain that asbestos fibers were scattered about the town and as a result hundreds of residents have suffered...
- M. Brandon Smith | August 31, 2006 2:38 PM |
Category:
Defective & Dangerous ProductsFederal prosecutors are expected to appeal a number of rulings in favor of W.R. Grace & Co., a large Columbia chemical maker, who is alleged to have violated the Clean Air Act and knowingly poisoned former workers and other residents of Montana with asbestos related products. Many maintain that asbestos fibers were scattered about the town and as a result hundreds of residents have suffered lung...
- M. Brandon Smith | August 31, 2006 10:47 AM |
Category:
Defective & Dangerous ProductsThe United States Food and Drug Administration has alerted the medical community and its patients of a potentially serious over infusion problem associated with the "Key Bounce" infusion pump. The defective pump is said to infuse as much as ten times the intended amount in patients who use the product manufactured by Alaris Products. For more information on the Alaris SE Infusion Pump Recall...
- M. Brandon Smith | August 31, 2006 10:30 AM |
Category:
Defective & Dangerous ProductsDel Valle, husband of the now deceased Milena Del Valle, filed a wrongful death lawsuit in Suffolk Superior Court in Boston Tuesday after his wife suffered fatal injuries in a "Big Dig" accident. Mr. Valle was driving his wife to Logan airport when all of a sudden the multi-ton ceiling panel of a construction project fell on their vehicle killing his wife. The suit alleges negligence on the part...
- M. Brandon Smith | August 31, 2006 9:56 AM |
Category:
FDA & Prescription DrugsFellow InjuryBoard blogger Bob Carroll of Tampa Bay, Florida brought my attention to a rising number of concerns relating to certain antibiotics like Cipro that are in need of stronger warnings on its prescribing labels. Cipro and other similar antibiotics from the fluoroquinolone class have been linked to tendon injuries in the past but now as the use of these drugs grow in popularity, so do...
- M. Brandon Smith | August 31, 2006 4:26 AM |
Category:
MiscellaneousFellow InjuryBoard blogger Lee Coleman of Bowling Green brought my attention to a recent development in the latest news in the Comair Flight 5191 tragedy. In that development, the sole air traffic controller at Blue Grass Airport cleared Comair Flight 5191 for take off just before dawn last Sunday and then diverted his attention to other matters according to Federal Aviation Administration...
- M. Brandon Smith | August 31, 2006 3:06 AM |
Category:
MiscellaneousInvestigators from the National Transportation Safety Board has a set procedure in place for dealing with aviation accidents such as the recent Comair Flight 5191. While each case is somewhat different from all the others before it, the NTSB always looks for certain things when investigation a crash. According to Kentucky.com:Many of the investigators will examine, among other things, the...
- M. Brandon Smith | August 30, 2006 8:59 PM |
Category:
FDA & Prescription DrugsU.S. District Judge Eldon E. Fallon has declared a new trial is warranted on the issues of damages in a federal case where the jury awarded Gerald Barnett $50 million in compensatory damages and $1 million in punitive damages. In his ruling, Judge Fallon said the award was "grossly excessive". A new trial date has not yet been set but it is important to note that the same jury will re-hear the...
- M. Brandon Smith | August 30, 2006 12:18 AM |
Category:
Automobile AccidentsIt is a question that many drivers across the United States ask themselves each and every day. It is also a question there is not exact or perfect answer too either. Each driver should evaluate their own situation to get an assessment of sufficient coverage for their particular situation. When doing this assessment, remember that auto insurance is not only protection for you but for protection...
- M. Brandon Smith | August 30, 2006 12:06 AM |
Category:
Automobile AccidentsI recently came across a pretty good article that discusses the various types of automobile insurance available to most drivers and what benefits each afford. The Auto Insurance article denotes there are five basic types of insurance coverage: bodily injury liability, property damage liability, medical payments, uninsured and underinsured motorist coverage, and comprehensive and collision...
- M. Brandon Smith | August 29, 2006 10:40 PM |
Category:
Automobile AccidentsThe Department of Transportation's statistics show that there are about 6.5 million auto accidents a year and of those, over 3 million suffer minor to very serous injuries. Of these 3 million injuries 2 million are said to cause permanent injuries and over 40,000 of them end in death each year. Of these 40,000 plus fatalitiles, over 40% result due to drunk or impared drivers and another 30% are...
- M. Brandon Smith | August 29, 2006 10:23 PM |
Category:
Automobile AccidentsIn San Francisco, a crazed man used his sport utility vehicle to run down innocent pedestrians killing one man and injuring at least 13 others. The man started his spree in Fremont California where he stuck and killed one man before moving on to San Francisco where he ran down the others including small children. Witnesses of the mad man said the driver never tried to slow down and he stuck the...
- M. Brandon Smith | August 29, 2006 5:18 PM |
Category:
MiscellaneousGeorgia Superior Court Judge J. Stephen Schuster granted class action status against Orkin's parent corporation Rollins, Inc., after they allegedly failed to honor their contracts promising to protect homes from termite damage through re-inspections and re-treatments. Ernest Warren and his wife Dolores Warren, of Marietta, Georgia first filed their suit in 2001.According to 11alive.com:The suit...
- M. Brandon Smith | August 29, 2006 12:46 PM |
Category:
MiscellaneousJust one day after the Comair Flight 5191 tragedy, a second plane has crashed into the wooded mountains in western Kentucky. The passengers on the twin engine Cessna plane were all from the same family and all were killed in the unfortunate incident. The pilot of the plane, Jason Christie, failed to file his flight plans with the airport before leaving but they were believed to be headed another...
- M. Brandon Smith | August 28, 2006 3:28 PM |
Category:
Automobile AccidentsAmbien, the United States most popular insomnia medication, has been linked to numerous accidents on the roadway in recent months. The sleeping medication, manufactured by Sanofi-Aventis, has been said to cause "rare adverse events of sleep walking" and can be deadly when taken by an unwary driver. Forensic toxicologists Laura Liddicoat in one study examining blood samples of 2300 impaired...
- M. Brandon Smith | August 28, 2006 1:43 PM |
Category:
MiscellaneousIn a follow up to my previous blog on the tragic Comair Flight 5191 accident, investigators are still uncertain as to why the twin-engine commuter jet took off the wrong runway as it departed Lexington's Blue Grass Airport. According to the cockpit recorder, the only discussions of runways referred to #22 which is the longer than runway #26 which the jet reportedly used.According to the...
- M. Brandon Smith | August 28, 2006 1:28 PM |
Category:
MiscellaneousA commuter jet, Comair Flight 5191, that took off the wrong runway at Lexington's Blue Grass Airport crashed shortly after take off and killed all but one of the fifty people on board. The flight headed to Atlanta apparently started on a 1,066 meter-long strip, which is only half the length of the airport's main runway usually used for commercial flights. Officials of the National Transportation...
- M. Brandon Smith | August 27, 2006 1:50 AM |
Category:
FDA & Prescription DrugsBextra, released by Pfizer in 2001, is a cox-2 painkiller that was promoted as a miracle drug for many arthritis sufferers. However the promises provided by Pfizer did not deliver as expected for hundreds of thousands of unwary consumers. After being linked to heart attacks, strokes and the potentially deadly allergic reaction Stevens Johnson syndrome, Bextra was pulled from the market on April...
- M. Brandon Smith | August 26, 2006 5:59 PM |
Category:
Automobile AccidentsLast night about 3 a.m. westbound on I-285 a vehicle traveling in excess of 100 mph rear ended a tractor trailer in Clayton County leaving the driver and passenger of the vehicle dead at the scene. According to witnesses, the driver of the Volkswagen Jetta made no effort to stop prior to striking the tractor trailer's rear tires and eventually struck the median ejecting both occupants....
- M. Brandon Smith | August 26, 2006 1:31 PM |
Category:
FDA & Prescription DrugsThe Food and Drug Administration has ordered stimulants like Ritalin to now use a stronger warning to advise doctors, pharmacists and patients of the associaed risks of heart problems in children and adults alike. It is also supposed to alert doctors that one child in a thousand experience hallucinations according to recent findings. The new warnings are not as strong as the one the FDA advisory...
- M. Brandon Smith | August 26, 2006 12:53 PM |
Category:
MiscellaneousState Farm, the nation's largest insurance carrier now finds itself at the fore front of a major scandal involving fraud, deceit, and out right criminal activities. In a recent story shown on ABC's 20/20 two former State Farm employees detail their experiences with the insurance giant in refusing to pay otherwise viable claims for those devastated by Hurricane Katrina. It is the first part of an...
- M. Brandon Smith | August 26, 2006 2:21 AM |
Category:
MiscellaneousThe United States Court of Appeals for the District of Columbia Circuit has held the federal government can not longer tax plaintiff's settlement proceeds relating to emotional distress and other intangible injuries. In doing so, the Court stuck down a current portion of the tax code allowing such taxes as unconstitutional. While this ruling only currently applies to Washington D.C., it...
- M. Brandon Smith | August 26, 2006 1:39 AM |
Category:
FDA & Prescription DrugsDid you know that adverse drug reactions are the 4th leading cause of death in the United States? If not, you do now. One such allergic reaction is called Stevens-Johnson syndrome (SJS). Another is its more severe form called Toxic Epidermal Necrosis (TEN). These deadly reactions are caused by a number of drugs including but not limited to Bextra, Daypro and Feldene. If you or a loved one have...
- M. Brandon Smith | August 26, 2006 1:19 AM |
Category:
Automobile AccidentsTen people were injured after an elderly man slammed his SUV into a crowd of people at an outdoor market Thursday in Rochester, New York. Authorities say the 89 year-old man's foot slipped off the brake and hit the accelerator causing his vehicle to strike innocent bystanders. Although only two were seriously injured the other eight individuals may have a claim for their less serious but...
- M. Brandon Smith | August 26, 2006 12:59 AM |
Category:
FDA & Prescription DrugsThe Food and Drug Administration and GlaxoSmithKline recently sent notice to healthcare professionals and pharmacists about a new black box warning on Dexedrine (dextroamphetamine sulfate). The drug, typically prescribed to treat Attention-Deficit Hyperactivity Disorder and narcolepsy, has been shown to cause sudden death in association with CNS stimulant treatment in children and adolescents...
- M. Brandon Smith | August 26, 2006 12:38 AM |
Category:
Defective & Dangerous ProductsThe Centers for Disease control recently suggested the global recall by Bausch and Lomb in May of 2006 concerning its defective contact lens solution ReNu with MoistureLoc may have prevented a much larger out break in relation the eye fungal infection fusarium keratitis.According to CNN.com"We feel pretty confident that the outbreak is over," said CDC researcher Benjamin Park, who has studied...
- M. Brandon Smith | August 26, 2006 12:23 AM |
Category:
FDA & Prescription DrugsAccutane, the powerful prescription medication for acne, which has already been linked to birth defects, has recently been shown to increase health risks associated with the heart and liver. According to the study, most researchers already knew the drug could increase levels of cholesterol, liver enzymes and blood fats called triglycerides that can raise the risk of heart disease. But the new...
- M. Brandon Smith | August 25, 2006 4:09 PM |
Category:
Automobile AccidentsDeKalb County now has a new law: if you talk on your cell phone and cause an accident while doing so you can expect an additional $500 fine. The new Georgia law sanctions drivers whose improper use of a mobile phone was "a contributing factor" in causing damage, injury, or death. Thought to be the first of its kind in the state of Georgia, it should hold negligent drivers more accountable for...
- M. Brandon Smith | August 22, 2006 8:17 PM |
Category:
Defective & Dangerous ProductsWashington D.C. Federal Judge Gladys Kessler recently expressed her unfavorable opinions on the tobacco industry as a whole last week in her 1, 742 opinion which specifically included nine cigarette manufactures and two trade groups. The ruling showed the tobacco industry conspired to conceal the truth about smoking and the adverse health risks associated with it for the past 50 years. This...
- M. Brandon Smith | August 21, 2006 8:21 PM |
Category:
FDA & Prescription DrugsThe first of over 4,500 Prempro lawsuits is set to go to trial before a U.S. Magistrate Judge in Little Rock, Arkansas with jury selection slated to begin first thing tomorrow morning. Benton Arkansas resident, Linda Reeves, is suing the drug manufacturer Wyeth after alleging she developed breast cancer after taking Prempro, a hormone-replacement therapy, for the last eight years. Prempro is a...
- M. Brandon Smith | August 21, 2006 6:01 PM |
Category:
FDA & Prescription DrugsAs an attorney, I always find myself looking for ways to help out a client in terms of the law. Sometimes however that is just not enough. Sometimes clients need their attorneys to help them find answers to everyday questions concerning their current injuries including suggestions on treatment and support. One main area that I have encountered this situation is in my dealing with those who have...
- M. Brandon Smith | August 21, 2006 5:40 PM |
Category:
FDA & Prescription DrugsOver the last few years there have been seemingly well justified concerns into the role of the Food and Drug Administration and the decisions its ultimately makes on any given medication before allowing dispersement to patients all over the United States. A recent survey published on July 20, 2006 by the Union of Concerned Scientists shows the depth of political influence and interference that...
- M. Brandon Smith | August 21, 2006 5:15 PM |
Category:
Automobile AccidentsTwo East Paulding High School teenagers died last week after the vehicle they were riding in ran off the road last Thursday evening. The two victims, 16-year-old Rianna Winchester and 17-year-old Jonathon Hicks were riding in the back seat of 17-year-old Daniel Barron's vehicle when he lost control of the vehicle and caused it to overturn several times. No formal criminal charges have been...
- M. Brandon Smith | August 21, 2006 4:48 PM |
Category:
Automobile AccidentsAlabama State Troopers said a man driving a Honda Accord struck and killed Danny Horne, 40, after the impaired driver left the road at a high rate of speed and collided with numerous other vehicles before coming to a complete stop. State troopers involved found numerous beer cans in the vehicle of the DUI accident suspect, whose name was not released at the time of cited article. The Talladega...
- M. Brandon Smith | August 19, 2006 1:30 PM |
Category:
Automobile AccidentsThe National Highway Traffic Safety Administration has stated a nationwide crack down on drivers who chose to drive while impaired on our nation's highways. The NHTSA note previous efforts have not done enough to reduce deaths from dui drivers which accounted for over 13,000 deaths in traffic accidents last year alone. Auto accidents with impaired drivers can lead to large recoveries for those...
- M. Brandon Smith | August 17, 2006 9:18 PM |
Category:
FDA & Prescription DrugsJudge Carol Higbee, a state judge in New Jersey, who presided over the first Vioxx trial in the state, threw out a defense verdict that had favored Merck in a case brought by 60-year-old postal worker Frederick Humeston, who claimed Vioxx caused his heart attack. That jury ruled that Merck & Co., had provided adequate warnings to doctors about the risks of Vioxx and suggested that Merck & Co.,...
- M. Brandon Smith | August 17, 2006 9:06 PM |
Category:
Automobile AccidentsA New Brunswick Superior Court jury recently awarded Allen Williams, a 31 year-old man, $3 million for his injuries related to his automobile accident in June of 2000. Williams suffered head and facial injuries including a nine inch scar on his forehead after being cut off by another motorist who drove away from the scene. State Farm, the insurance company responsible, argued no one ran Williams...
- M. Brandon Smith | August 17, 2006 8:35 PM |
Category:
Automobile AccidentsOn Tuesday, four people were killed and four others were seriously injured after a truck slammed into numerous vehicles on the New Jersey Turnpike. The driver of the truck lost control after striking the first vehicle then overturned and went over a guardrail killing two people in a vehicle below. Criminal charges of vehicular homicide are forthcoming against the driver who caused this...
- M. Brandon Smith | August 17, 2006 1:17 PM |
Category:
FDA & Prescription DrugsIn the second federal Vioxx trial, a New Orleans jury awarded Gerald Barnett $51 million in compensatory and punitive damages after finding Vioxx contributed to his heart attack in July of 2002. The jury found Merck and Co., "knowingly misrepresented or failed to disclose information" about the drug to Barnett's doctors. $50 million was given for compensatory damages and $1 million for punitive...
- M. Brandon Smith | August 17, 2006 9:17 AM |
Category:
FDA & Prescription DrugsClosing arguments have been heard in the second federal Vioxx trial in Louisiana which focuses on a 62 year-old former FBI agent who blames the drug for his heart attack in July of 2002 after using Vioxx for 31 months prior. The jury is made up of 8 middle aged men who will be left to decide if Vioxx, manufactured by Merck & Co., caused or contributed to Gerald Barnett's heart attack.
- M. Brandon Smith | August 17, 2006 12:31 AM |
Category:
Defective & Dangerous ProductsUntil recently, most, including the Food and Drug Administration, have not really discussed any safety concerns associated with any contact lens solutions aside from the recently recalled ReNu with MoistureLoc, manufactured by Bausch & Lomb, which has been linked to serious eye infections that can ultimately lead to blindness. That however may be about to change.Accodring to The Wall Street...
- M. Brandon Smith | August 17, 2006 12:03 AM |
Category:
FDA & Prescription DrugsZyprexa (Olanzapine), a drug primarily prescribed for the treatment of schizophrenia has been attributed to causing to diabetes mellitus, hyperglycemia, pancreatitis and blood sugar disorders in many of its consumers. The manufacturer of the drug, Eli Lilly & Co., previously promoted Zyprexa as a safe and effective drug for psychotic disorders, while virtually concealing the risks of side...
- M. Brandon Smith | August 16, 2006 11:02 PM |
Category:
MiscellaneousThe smoke and dust resulting from the fall of the World Trade Center towers affected thousands of New Yorkers and their families as well. To address this issue Gov. George Pataki signed legislation Monday that will benefit workers who have died or become sick in the aftermath of the Sept. 11 attacks. The legislation is designed to help not only those injured in the line of duty but also those...
- M. Brandon Smith | August 16, 2006 10:42 PM |
Category:
Automobile AccidentsIn a recent study published by WebMD, 1 in every 10 truck drivers may be skipping sleep time to get to their destinations quicker. That means nearly 10% of truck drivers are putting ordinary motorists at risk for serious injuires or death. If that is not enough, according to the study, approximately 5% of these drivers may suffer from severe sleep apnea and not even know they are tired prior to...
- M. Brandon Smith | August 15, 2006 3:48 PM |
Category:
MiscellaneousIn Dallas, two men were recently killed after falling debris fell on them from 19 floors above. The authorities says a front end loader was moving concrete above where the men were positioned and caused it to fall directly on top of them. The men were preparing to haul off the debris as the debris fell onto the cab of their truck.Incidents like this are always tragic no matter who is involved....
- M. Brandon Smith | August 15, 2006 3:20 PM |
Category:
Nursing Home & Elder AbuseIn a recent occurrence, a Greenwood caregiver at Emerald Gardens in South Carolina has been charged with physically abusing nursing home residents under her care. Lizette Henderson now faces six felony charges of abuse involving three men and three women between the ages of 69 and 94. Cases like this can make just about anyone sick to their stomach. How can anyone in their right mind see fit to...
- M. Brandon Smith | August 15, 2006 3:01 PM |
Category:
FDA & Prescription DrugsIn a follow up to my recent posts invloving free lunches and biased reports concerning the measures drug manufactures go to push their products on doctors and the medical industry as a whole, a new report by the Annals of Internal Medicine shows some of the more subtle and less discussed measures they typically utilize to achieve their profit driven goals. According to MSNBC.com:Some drug...
- M. Brandon Smith | August 14, 2006 8:25 PM |
Category:
FDA & Prescription DrugsIn a recent study, one in five women who took the epilepsy drug Valproate during pregnancy resulted in birth defects or fetal death. The drug, sold by Abbott Laboratories, Inc., under the brand name Depakote, was found to be substantially riskier than any of the other three main epilepsy available on the market. Some of the defects commonly found to have occurred include: malformed hearts and...
- M. Brandon Smith | August 14, 2006 6:20 PM |
Category:
Automobile AccidentsTwo teenagers who were in a single car crash died earlier this morning in Lexington, South Carolina. Sixteen-year-old Donald Schwartz, was driving a 1985 Silverado when he lost control of the vehicle and it subsequently struck a tree. Schwartz was pronounced dead at the scene while his passenger, James Young, was sent to the hospital via helicopter. Sadly, Young subsequently died as a result of...
- M. Brandon Smith | August 14, 2006 6:02 PM |
Category:
Automobile AccidentsLast night around 11 p.m. a hit and run vehicle struck and killed a 22 year-old Spartanburg man and seriously injured his friend. The police think Paul Sok, deceased, lost control of his motorcycle on U.S. 123 and a friend came to his aid. Shortly thereafter the hit and run vehicle stuck both of the men and never stopped to see if they were okay. At this point, the authorities are still not sure...
- M. Brandon Smith | August 14, 2006 9:22 AM |
Category:
FDA & Prescription DrugsThe Federal Government recently broadened the eligibility criteria for its overseas medical treatment program by allowing a woman who developed toxic epidermal necrolysis (TEN) to seek treatment in Singapore for her sight related injuries. The deadly allergic reaction is commonly associated with causing vision problems in those who contract it and until recently those dealing with it have been...
- M. Brandon Smith | August 13, 2006 8:36 PM |
Category:
Defective & Dangerous ProductsThe Florida Supreme Court recently over turned a $145 billion verdict rendered against big tobacco in a class action suit. The court in its 79 page decision held that the case should not have been certified as a class action suit on behalf of hundreds of thousands sick Florida smokers. The ruling however does not mark the end for all those sick plaintiffs seeking redress. Quite to the contrary,...
- M. Brandon Smith | August 13, 2006 7:50 PM |
Category:
FDA & Prescription DrugsOver the last year or so the connection between so called "independent" researchers and the pharmaceutical companies they review have drawn a lot of attention and criticism. The main reason for this is because of the fear of biased reports and reviews from well known researchers who receive benefits from the very manufactures of the products they are reviewing.According to MSNBC.com:Many...
- M. Brandon Smith | August 11, 2006 1:11 PM |
Category:
MiscellaneousIn San Jose, California, a mother has initiated a lawsuit against a nail salon on behalf of her deceased daughter after a serious infection contributed to her death in June of 2004. Jessica Mears, 43, developed a bacterial infection after receiving a pedicure at a nail salon. The infection developed into a large lesion that would not seem to go away. Mears later died with related complications....
- M. Brandon Smith | August 11, 2006 12:48 PM |
Category:
Defective & Dangerous ProductsAccording to a recent article by the Journal of the American Medical Association, many patients utilizing automated external defibrillators are largely unaware of the high recall rates associated with these products. An automated external defibrillator, or AED as it is commonly referred to, works by giving the heart a controlled electric shock, forcing all the heart muscles to contract at once,...
- M. Brandon Smith | August 11, 2006 5:52 AM |
Category:
MiscellaneousThe New Jersey Court of Appeals recently overturned a $105 million dollar verdict against a beer vendor who allegedly served a patron too much alcohol at a Giants game. The drunken patron, Daniel Lanzaro, was continually served alcohol by Aramark Corp. despite obvious signs he was already heavily intoxicated. Shortly thereafter, Lanzaro caused a collision with another vehicle leaving 2 year-old...
- M. Brandon Smith | August 11, 2006 12:15 AM |
Category:
FDA & Prescription DrugsThe Food and Drug Administration has requested that manufactures of leading anti-depressants add warnings to their labels to address recently discovered risks in newborns and migraine sufferers. The FDA's concerns stem from a life threatening condition called serotonin syndrome, which has been linked to anti-depressants like Prozac and Zoloft. The FDA has also advised patients to consult with...
- M. Brandon Smith | August 11, 2006 12:11 AM |
Category:
Automobile AccidentsAtlanta Police officer Peter Faatz, 29, has died from the injuries he sustained as a result of motor vehicle accident after colliding with a Grady Hospital ambulance. Both Faatz and the ambulance were responding to a double shooting 911 call near Turner Field when the accident occurred. Faatz sustained severe head injuries form the accident while the occupants of the ambulance were relatively...
- M. Brandon Smith | August 10, 2006 6:25 PM |
Category:
FDA & Prescription DrugsEver wonder why some doctors prescribe one particular brand of drug over another similar drug in the class? The answer may very well be because of incentives the drug manufacturers are providing to doctors and their offices to encourage it. In a recent article in the New York Times, drug manufactures, like Merck & Co., are providing lunches as one such incentive. According to NYTimes.com:Like...
- M. Brandon Smith | August 10, 2006 4:59 PM |
Category:
Defective & Dangerous ProductsThe Food and Drug Administration recently rejected approval of Cephalon Inc.'s newest drug Sparlon, an attention deficit/hyperactivity disorder drug, after it was found to trigger Stevens-Johnson Syndrome (SJS), a serve allergic reaction that often times is fatal. The debilitating drug induced reaction kills thousands of consumers each year and was determined to be too great a risk for the...
- M. Brandon Smith | August 10, 2006 4:26 PM |
Category:
MiscellaneousOfficer Jesse Higgins, employed by the Grantville Police Department, arrested a suspect after he was found to be driving on a suspended license. The suspect reportedly told Higgins he could have a relative come and get the car but officer Higgins had another idea. Higgins decided to remove the car himself and eventually wrecked the vehicle after driving in excess of 100mph on the express way....
- M. Brandon Smith | August 10, 2006 11:33 AM |
Category:
Property Owner's Liability (Slip & Fall)A Clayton County State Court jury just warded $4.2 million to Katoria Lee, who was shoot at a local Wal-Mart. Lee, who stopped by the local retail giant on March 8, 2001, was approached by a gunman as she was exiting the store around 1:30AM. The gunman demanded her keys and stole her vehicle shortly after shooting her in the back. Lee's complaint alleged Wal-Mart provided inadequate security...
- M. Brandon Smith | August 09, 2006 10:17 PM |
Category:
MiscellaneousAn Atlanta man was recently attacked by a pit bull owned by an Atlanta Falcons player earlier this week while he was walking innocently in his neighborhood. Ric Howard, said he was walking his leashed dogs Monday evening when all of a sudden a pit bull chased after him and mauled him. Howard suffered cuts on his head and side requiring numerous stitches. Although Howard is recovering from his...
- M. Brandon Smith | August 09, 2006 9:56 PM |
Category:
MiscellaneousMore and more class action lawsuits are being filed to address consumer concerns and illegal treatment by big business. With two of the biggest class action settlements in recent history now in the spot light, it is no wonder their appeal for consumer redress is now at an all time high. In a recent article by Barry B. Cepelewicz, published in the New York Law Journal, a through examination of...
- M. Brandon Smith | August 09, 2006 8:20 AM |
Category:
Defective & Dangerous ProductsIn a recent study conducted by the American Academy of Pediatrics, more federal regulation is need in the area of shopping carts based on the inadequacy of their current design. Although most of the injuries occur when children in the carts are not strapped in, others do still have accidents due to the top heavy nature of the carts design and manufacture. A recent lawsuit was filed California...
- M. Brandon Smith | August 08, 2006 11:49 PM |
Category:
Defective & Dangerous ProductsThe New Jersey Supreme Court recently extended the duty landowners owe to workers for the foreseeable risk of asbestos exposure to their spouses based on the foreseeable risk of exposure from asbestos dust carried home on contaminated work clothing. This ruling, in direct contradiction with ruling in other states such as New York and Georgia is believed to the first of its kind anywhere in the...
- M. Brandon Smith | August 08, 2006 10:52 PM |
Category:
Defective & Dangerous ProductsIn a recent study, lawn mowers were found to injure more than 9,000 children and teenagers a year in the United States alone. The study further shows the current standards for lawn mowers are inadequate and suggests that most of these injuries could be prevented by employing a few simple guidelines changes.According to Cbsnews.com:In the study, published in Pediatrics, researchers David Vollman,...
- M. Brandon Smith | August 08, 2006 10:19 PM |
Category:
FDA & Prescription DrugsBoth parties involved in the second federal Vioxx trial got their first chance to tell the jury what issues they will ultimately be asked to decide in the Louisiana case. The Case involves Gerald Barnett, a 62 year old former FBI agent, who blames Merck and Co. for his Vioxx related heart attack in 2002.According to Cbsnews.com:Robinson said that, during his 27 years as an FBI agent, "Jerry...
- M. Brandon Smith | August 08, 2006 9:55 PM |
Category:
Defective & Dangerous ProductsFor years now paint manufactures have been winning almost every case filed against them wherein Plaintiffs allege lead based paint injuries. However after a recent Plaintiff's verdict in Rhode Island which held a major paint manufacture accountable for lead paint related injuries based on the theory of a public nuisance, the tide may be shifting. Further evidence of this trend is shown in...
- M. Brandon Smith | August 08, 2006 9:18 PM |
Category:
Automobile AccidentsThe Institute For Highway Safety recently released its latest crash test results after evaluating four cars and two small SUVs which updated results the Institute published earlier this year. The study showed although manufactures have improved somewhat in the areas of front and side crashes, most still fall well below the desired standards for crashes that occur from behind. The vehicles tested...
- M. Brandon Smith | August 07, 2006 8:29 PM |
Category:
FDA & Prescription DrugsThe FDA is now warning of new dangers associated with Ketek, the first antibiotic of the ketolide class. Primarily used in treatment for chronic bronchitis, acute bacterial sinusitis and varying levels types of pneumonia, Ketek has been linked to rare cases of serious liver injury and liver failure. At least four confirmed deaths have been linked to the drug. To address these issues, the...
- M. Brandon Smith | August 07, 2006 3:47 PM |
Category:
FDA & Prescription DrugsIn an ongoing battle between the FDA and those who desire to hold pharmaceutical companies accountable for their inadequate warnings, two fairly recent cases have been decided declaring FDA approval a preemptive measure against inadequate warning claims. According to the decisions in Abramowitz v. Cephalon Inc. (New Jersey Superior Court decided March 3, 2006) and Colacicco v. Apotex, Inc.,...
- M. Brandon Smith | August 07, 2006 2:15 PM |
Category:
Nursing Home & Elder AbuseAccording to a recent report issued by Consumer Reports, a consumer tip group, nursing homes around the U.S. are still giving inadequate care for our loved ones and seniors. According to the report, not-for-profit homes generally provide better care than those operated for profit, although most, regardless of whether for profit or non-profit, fell well below the group's standards for a quality...
- M. Brandon Smith | August 07, 2006 11:45 AM |
Category:
FDA & Prescription DrugsA Philadelphia jury recently awarded $5 million to the family of a 1-year-old infant who died from acetaminophen toxicity after three days of use. The Family argued the warning labels and directions were inadequate and not clear. According to Law.com For children who fit the age-and-weight description of the Dunsons' son, the label said to call a doctor for dosage amounts, according to court...
- M. Brandon Smith | August 06, 2006 3:27 PM |
Category:
FDA & Prescription DrugsChances are if you are reading this blog either you or someone you know has been adversely affected by Stevens-Johnson syndrome (SJS) or its elevated equivalent Toxic Epidermal Necrolysis (TEN). It is a often times deadly reaction, usually linked to the recent use of a sulfa containing medication, that affects far too many consumers in the U.S. and throughout the world. Anywhere from 3-15% of...
- M. Brandon Smith | August 06, 2006 12:40 PM |
Category:
MiscellaneousA class action has been filed against Kentucky Fried Chicken because of its menu with contains a staggering amount of trans fat. Insiders close to the case explain the suit is not about money. Instead, it is more about educating the public about the dangers of trans fat and to get the attention of the fast food chain who continually refuses to prepare its product in a more healthy way. According...
- M. Brandon Smith | August 06, 2006 10:41 AM |
Category:
MiscellaneousTort reformers say caps need to be placed on punitive and non-economic damages because there is a crisis in the litigation areas of personal injury and medical malpractice. What these pro-tort reformers often fail to realize or do not care about at all is that at its very essence, tort reform punishes those who are less fortunate. It even in many instances prevents them from seeking the justice...
- M. Brandon Smith | August 06, 2006 1:54 AM |
Category:
FDA & Prescription DrugsThe Federal Drug Administration recently issued a health advisory warning against over the counter dietary supplements designed to treat erectile dysfunction. Some of the drugs specifically listed in that advisory are: Zimaxx, Libidus, Neophase, Vigor-25. Actra Rx, and 4Everson. The problem associated with these supplements are that their use, when combined with other medications that contain...
- M. Brandon Smith | August 06, 2006 12:03 AM |
Category:
FDA & Prescription DrugsThe FDA recently issued a warning against the use of Bismacine, also known as Chromacine, which is reportedly used to treat lime disease. The drug which is mixed by druggists and not considered a pharmaceutical, is usually proscribed and administered by doctors of alternative health or by others claiming to be medical doctors.According to the FDA:This product contains high amounts of bismuth, a...
- M. Brandon Smith | August 05, 2006 11:26 AM |
Category:
Defective & Dangerous ProductsFentanyl patches, first made Johnson and Johnson under the brand name Duragesic, have increasingly become an area for concern in recent years. Primarily designed for cancer patients and others with chronic pains, these prescription only patches are causing an alarming number of deaths in the United States alone. Many are said to be abusing the painkiller patches by squeezing the drug off the...
- M. Brandon Smith | August 05, 2006 1:25 AM |
Category:
Automobile AccidentsDavid Baier, a 67 year old man, and his wife sued Ford Motor Co. in 2004 alleging his 1967 Ford Mustang's gas tank was defective and caused the fire that left Baier permanently deformed. Baier's vehicle was hit from behind in an auto accident and burst into flames shortly thereafter because of a defective and ill placed gas tank. Although the terms of this settlement were kept confidential, you...
- M. Brandon Smith | August 05, 2006 12:01 AM |
Category:
MiscellaneousInsurer Conseco Inc., has agreed to a $100.3 million class action settlement for a suit filed against it in 2004. The suit alleges the insurer charged consumers desiring life insurance policies excessive premiums or forced others to surrender their existing polices for cash in order to increase the company's finances. The suit is still subject to the court's approval but appears to be in line...
- M. Brandon Smith | August 04, 2006 7:45 PM |
Category:
Defective & Dangerous ProductsA Jury in the Newport News Circuit Court awarded $10.4 million to the widow of a shipyard worker who died from lung cancer after four years of exposure to asbestos containing products. The wrongful death lawsuit was brought against three companies that manufactured the materials: John Crane Inc., Denver's Johns Manville Corp., and Garlock Sealing Technologies. According to the...
- M. Brandon Smith | August 04, 2006 5:19 PM |
Category:
FDA & Prescription DrugsThe federal Court of Appeals recently found the second of Pfizer's patents on Lipitor to be invalid. This could cost Pfizer, the world's biggest drug manufacture, billions of dollars in lost sales. The federal court ruling essentially shortens the mega manufacture's exclusive right to sale Lipitor by 15 months. After the patent expires, other manufactures have the ability to generically produce...
- M. Brandon Smith | August 04, 2006 4:57 PM |
Category:
MiscellaneousIn a follow up to my previous blog from yesterday concerning Dr. Frederick Schwaibold's negligence in causing 13 separate radiation treatments to be conducted on the wrong side of his cancer patient's face, a Fulton County jury awarded $250,000 to Dariel Hunt in compensation for her injuries. Hunt had asked the jury for a number close to $1,000,000 and the defense had asked for a verdict around...
- M. Brandon Smith | August 04, 2006 1:01 AM |
Category:
Medical MalpracticeIn Florida, the state medical licensing board has decided against stricter discipline for surgeons who operate on the wrong body part or the wrong patient. Wait, did you read that right? Yes unfortunately you did. Does that seem right? Without question, this writer can hardly imagine how. A through review of a medical chart or a through patient evaluation should eliminate this type of mistakes...
- M. Brandon Smith | August 04, 2006 12:42 AM |
Category:
Medical MalpracticeA Seattle jury awarded $1.75 million to a woman after Dr. Jeffrey Gabel, an osteopathic physician, performed a hysterectomy on her without informed consent in 2003. The jury found that Dr. Gable failed to suggest alternative, less invasive, treatments to the 22 year old before she signed a consent form allowing the operation. A hysterectomy involves the removal of the uterus and is most often...
- M. Brandon Smith | August 04, 2006 12:25 AM |
Category:
MiscellaneousNumerous wrongful death lawsuits have been filed against Uptown's Memorial Medical Center and some of it personnel in the aftermath of hurricane Katrina. According to reports, there is a current investigation concerning murder charges involving a doctor and two nurses. Two such suits have been filed on behalf of victims made subject of the criminal investigation. Future civil suits are expected...
- M. Brandon Smith | August 03, 2006 4:25 PM |
Category:
Medical MalpracticeWhat is a 61-year-old woman's right parotid gland worth? That is the question in a medical malpractice case before a Fulton County jury after a doctor and his hospital conducted 13 different radiation treatments on the wrong side of Dariel Hurt's face. The parotid gland, which helps produce silva, is located on the side of the face just below the ear and was permanently damaged as a result of...
- M. Brandon Smith | August 03, 2006 4:12 PM |
Category:
FDA & Prescription DrugsIn New Orleans, Louisiana, Merck and Co. is defending its second federal trial involving the controversial pain killer Vioxx. The Plaintiff in this case is a retired FBI agent, Gerald Burns, who took Vioxx for approximately 32 months prior to his heart attack in August of 2002. The trial, which began on Monday, is scheduled to last only two weeks in front of the presiding Judge Eldon E. Fallon...
- M. Brandon Smith | August 03, 2006 3:40 PM |
Category:
FDA & Prescription DrugsIn December of 2005 the Food and Drug Administration, along with the makers of Paxil, Glaxo Smith Kline, issued an alert advising of the possible risk of birth defects in pregnant women who use Paxil. For many new mothers like Lisa Collins who used the anti-depressant, the warning came too late. She recently had a son who was born with only half a heart. Collins, along with her doctors,...
- M. Brandon Smith | August 03, 2006 12:02 PM |
Category:
FDA & Prescription DrugsA Los Angeles jury found in favor of Merck and Co. in California's first Vioxx trial. The jury found that Vioxx did not cause 71 year-old Stewart Grossberg's heart attack in 2001. The defense showed Grossberg had high cholesterol, arteriosclerosis, and a family history of cardiac problems. Merck and Co. has vowed to keep defending the withdrawn pain medication one by one.According to...
- M. Brandon Smith | August 02, 2006 10:36 AM |
Category:
FDA & Prescription DrugsJury deliberations are set to begin today in the first Vioxx trial in California. This case involves a Stewart Grossberg, 71, who took Vioxx beginning in 1999 to manage joint pain in his knees and hands. Grossberg suffered a heart attack in 2001 and attributes that event to his use of Vioxx. In this trial, Grossberg and his attorneys, contend that Merck, the manufacture of Vioxx, was negligent...