Wednesday, December 19, 2012

Dialysis Company Fighting Wrongful Death Claims

Hope Schultz is seeking damages for wrongful death, negligence, negligent misrepresentation, fraud, and other charges, after her husband died due to faulty dialysis products from Fresenius USA. 
 “Schultz claims that her 50-year-old husband, Michael Schultz, died the day he received his last dialysis treatment, Dec. 17, 2010. "After receiving defendants' defective product, he became ill during and after treatment, and went home. He suffered at home in pain and tremendous weakness until he died later that same day," the complaint states.” Fresenius, based in Waltham, Mass., has been sued dozens of times this year by people or survivors who claim their loved ones were killed or injured by its GranuFlo or NaturalLyte products. "By at least January 2010, defendants had analyzed data and found that 941 patients from 667 facilities had cardiopulmonary arrests, a figure that was over six times higher than of competing products. Defendants knew that the high bicarbonate levels related to their product was an independent risk factor in these deaths," the complaint states.
 Schultz claims that her husband's "injury and death, like those striking thousands of similarly situated across the country, were avoidable tragedies.

Tuesday, December 11, 2012

Medical Malpractice Against UNM

University of New Mexico Hospital may have to pay more than $100 million in a medical malpractice lawsuit. The potential payouts would be in addition to the $45 million in settlements the state has paid to 118 families since 1998.”UNM hospital officials first disclosed in 1998 that children appeared not to have been given the newest drug therapies for acute lymphoblastic leukemia from 1989 to October 1996.

Monday, December 10, 2012

Accidents Involving Tractor-Trailers

Matthew J. Bortz, 28, was killed when his motorcycle crashed head-on into a tractor-trailer. Bortz veered into the opposite lane while trying to pass two vehicles in a no-passing zone and failed to calculate the timing correctly and did not allow enough clearance for the oncoming tractor-trailer. “After the collision about 200 feet, the rig veered off the road, sheered a Met-Ed pole and then jackknifed in a field. The driver of the tractor-trailer, Peter P. Polletta, 41, of Springfield, Mo., was not injured.” D. Seth Fuoti, 21, died after his car crashed into the back of a tractor-trailer. The rig was stopped in traffic when Fuoti’s car crashed into the back of it and became trapped under the truck. Fuoti died of multiple injuries, officials in the coroner's office said. His death also was ruled accidental.

Thursday, November 15, 2012

$3.3 Million Awarded in Wrongful Termination

After two and half days, jurors decided to award Dr. Muhammad Anwar $3.3 million in a wrongful termination lawsuit. In 1990 Anwar had a state contract to provide surgical services to inmates at Central California Women’s Facility. “As California's prison population ballooned, the doctor restricted his own private practice to provide care to the inmates, attorney Mike Ball said. Anwar formed a physicians' group to help prison officials get proper care for the inmates. But in 2005, the state agency abruptly terminated Anwar.” During the trial, Ball argued that prison officials not only breached a contract, but violated his 66-year-old client's due process rights. Ball pointed out that prison officials showed no evidence of wrongdoing by Anwar or even made a complaint against him.

Thursday, November 8, 2012

Britax Car Seat Recall

Parents please pay attention! The company Britax has issued a recall of 60,000 convertible car seats due to a choking hazard. “The car seats under the voluntary recall are Britax Boulevard 70-G3, Pavilion 70-G3, and Advocate 70-G3 convertible car seats in the USA .The company reports that the chest pads on the seats pose a choking hazard, as children can bite them and small pieces can come loose.” The products were manufactured between June and August of 2012 and have a tag on the child’s upper left hand side with manufacture date and model numbers on it. Recall model numbers include: USA: E9LJ91A, E9LJ91M, E9LJ91S, E9LJ92E, E9LJ93P, E9LJ93S, E9LK91A, E9LK31A, E9LK31Q, E9LK32D, E9LK32Z, E9LK33Q, E9LL11A, E9LL11Q, E9LL12D, E9LL12Z, E9LG81A, E9LG83N, E9LG83P, E9LG83X, E9LG83Y, E9LL21A, E9LL23P, E9LL23Y “Britax is offering free replacement chest pads made of a firmer material that will not tear off.”

Tuesday, November 6, 2012

Zoloft Linked to Birth Defects

A woman is seeking punitive and actual damages in a lawsuit she has filed against manufacturer Pfizer, Inc. According to the file the woman took the antidepressant Zoloft during her pregnancy and it caused multiple birth defects in her newborn son. “According to studies, Zoloft has long been linked to birth defects in newborns. In spite of FDA regulations that the new medical evidence requires Pfizer to update the warning label, the company has yet to do so.” Spina bifida, vater syndrome, clubfoot and other related defects are side effects the plaintiff’s baby is suffering from due to the drug, Zoloft. “The complaint says that in 2007, Pfizer knew that selective serotonin reuptake inhibitors (SSRIs) like Zoloft doubled the risk of septal heart defects in babies who were born to mothers who took the medication. In studies published in the New England Journal of Medicine, it indicates that a four-fold increase in heart defects was connected to pregnant women using Zoloft during their first trimester.” Pfizer took no initiative to sufficiently warn pregnant women about the side effects this drug could cause when marketing their product.

Monday, November 5, 2012

$1 Million Settled for Wrongful Termination

A nearly $1 million wrongful termination lawsuit has been settled. The lawsuit involved two fiber-optic network managers, Joe Jarvis and John Smith, who said they were fired to deflect responsibility. “PUD General Manager John Janney told The Wenatchee World he stands by his decision to fire the two in February of last year over inconsistent estimates of fiber optic network access and expansion costs.” The settlement gives nearly $700,000 to Jarvis and nearly $300,000 to Smith.

Police Misconduct

Unfortunately there are some police officers that take their authority and use it in an abusive way and they need to be punished for their actions. Police officer, Adam Scott Martin, of Milan, Tenn., is one of those officers who has been arrested on allegations of sexual misconduct. “Martin was indicted on several charges, including 18 counts of rape and one count of sexual battery by an authority figure. Martin was originally arrested in July one count of sexual battery by an authority figure against a 19-year-old woman. All the charges involve the same victim.” Martin has a $150,000 bond and is scheduled to be arraigned this month. So please lets report these members of authority and let them get the punishment they deserve.

Wednesday, October 31, 2012

$3 Million Verdict in Mesothelioma Case

A New York jury announced that they have awarded a $3 million verdict to the family of Gerald Suttner, a pipefittwe who died from mesothelioma. Suttner contracted mesothelioma, an incurable cancer caused by asbestos exposure, after having been exposed to asbestos for more than a decade when it was being used in valves manufactured by the defendat, Crane Co. Suttner’s attorneys, Simmons Browder Gianaris Angelides & Barnerd LLC, stated that Suttner was diagnosed with pleural mesothelioma in October 2010. He died twelve months later at the age of 77. Suttner worked as a pipefitter at the GM Powertrain Facility in Tonawanda for 36 years. From 1964 to 1979, his work included repairing valves manufactured by Crane with asbestos gaskets and packing materials. ”Expert testimony during the trial established there is no safe level of asbestos exposure, and Suttner’s exposure to the asbestos in the valves led to his mesothelioma diagnosis.”

Fatal Motorcycle Accident

After recently beating cancer and working to regain her physical health, 51-year old Marlin Joyce Gunter, died Saturday in a motorcycle accident. Friend, Garry Finch said, "She loved riding. I've ridden many miles with her. She didn't ride but she was always on the back of somebody's bike." According to the Florida Highway Patrol, Gunter was aboard a 2004 Harley Davidson ridden Thomas Bateman, 51, just south of Big Pine Key.They were reportedly rear-ended by a 1993 Chevrolet driven by 50-year-old Eric McHenry, which pushed the motorcycle into the rear of a 1990 Jeep driven by Tavernier resident Dean McGinnis. According to the FHP, Gunter and Bateman were thrown from the motorcycle onto the highway. Gunter was confirmed dead at Fishermen's Community Hospital.

Tuesday, October 30, 2012

Pit Bull Attack

"When he saw me, he just stopped in his tracks and started running toward me really fast."
This is what U.S. Postal Service worker, Lisa Earich, stated when she got attacked by a 70-pound pit bull. Earich recounted that when he saw her he just stopped in his tracks and started running toward her really fast and it had latched onto her arm before her dog repellant could take effect. “The woman watching the pit bull, identified by police as 46-year-old Nelly Santiago, pulled the dog off her, but he got loose again.

"I was on the ground at that time, crying in so much pain," Earich said. "He came at me again. She must have lost control of him. His tooth went into my eye socket. My hand went to my face and all it was was blood. I was screaming, ‘My eye!’ I thought my eye came out. She got him away and he came back again."” After being attacked 3 times Earich required about 36 stitches, mostly to her face and ear, antibiotics, a tetanus shot, and several rounds of rabies shots that began with injections to each arm and leg.

Recall on Hip Implants

Nobody wants to hear that a defective product has been recalled, especially a medical device that you may have inside your body. There has been a recent recall of Stryker hip implant products. The Stryker Orthopedic Rejuvenate Modular Hip Implant and ABG II modular-neck hip system were pulled from the market recently after concerns about the increased risk of harm for patients who received the medical products. “Metallic particles from the devices were apparently expelled from the implant and entered patient bodies. Sometimes the particles entered the bloodstream and caused a range of poisonings. On other occassions the metal entered nearby tissue and caused breakdowns and infections.”

Wednesday, October 24, 2012

Wrongful Death Against Monster Energy Drinks

A wrongful death complaint has been filed by Wendy Crossland and Richard Fournier after their 14-year old daughter, Anais Fournier, died after drinking two 24-ounce Monster Energy Drinks in 24 hours. “The opinion of the Maryland medical examiner's office is that Fournier died of cardiac arrhythmia due to caffeine toxicity that impeded her heart's ability to pump blood. The autopsy report also concluded that Fournier suffered from Ehlers-Danlos syndrome -- an inherited disorder that can make connective tissues, like skin and blood vessel walls, flexible and weak.” Anais had been put into an induced coma at Johns Hopkins Hospital in an attempt to reduce brain swelling, but after several days, “the decision was made to terminate life support,” the complaint said. "Monster does not believe that its beverages are in any way responsible for the death of Ms. Fournier," Evan Pondel, a spokesman for the company, said in a statement on Friday. Fournier’s parents in addition to the wrongful death suit, are also arguing that Monster failed to warn of their beverage’s potential dangers and that the drinks are “unreasonably dangerous and defective.”

Thursday, October 18, 2012

More Yasmin and Yaz Lawsuits

The Yasmin and Yaz birth control lawsuits have been going on for some time now and Bayer has settled almost 1,900 cases. The lawsuits alone have increased to more than $402 million in the US alone and continued claims are still being filed. A claim filed by a woman named Carol stated that she suffered a blood clot in her leg and had a pulmonary embolism as a result of being on Yaz. Another claim was filed by a woman named Diane saying Yasmin almost killed her. “I was hospitalized for ten days with a bilateral pulmonary embolism in June 2004 while I was on Yasmin,” she says. “At first I was misdiagnosed with a protein S deficiency [a disorder associated with increased risk of venous thrombosis] until my hematologist did further tests. As a result, I was on coumadin for several months and can never again take any hormone pills—and that includes no hormone replacement therapy when I reach menopause.” Jane Mundy of the Lawyers and Settlements team states, “Over the last few years, overwhelming evidence has indicated that drospinerone birth control pills have adverse effects that are more dangerous than earlier generations of oral contraceptives. (Yasmin and Yaz are fourth-generation birth control pills.)”

Abuse Claims at Brain Center

The Florida Institute for Neurologic Rehabilitation has had a lawsuit filed against them alleging the brain center has prevented an advocacy group from investigating claims of abuse. Bloomberg News notes that, “since 1998, staff at the center have been accused of negligence or abuse in a minimum of five residents’ deaths. The center has also previously been accused of not cooperating with other protection agencies.”

Monday, September 10, 2012

Nursing Home Abuse

A nursing home has been highly fined for a rape that took place inside. The citations issued to the facility were for two problems, allowing the attack in the first place and then failing to respond properly to prevent similar attacks afterwards. The facility was fined $3,000 and new admissions were temporarily suspended. But the Federal officials have also stepped in. The Centers for Medicare and Medicaid Services (CMS) noted that the facility provided a “substandard quality of care.” As a result the facility is being fined $6,000 every day until improvements are made which bring the facility up to par. The incident involved an 89-year-old woman with dementia. The resident told her family members that earlier this summer she was raped, she did not know the man who attacked her., family members immediately told staff members. An examination was conducted and the resident was then transferred to a hospital so that a “rape test’ could be performed. The results indicated a DNA sample from the attacker. An investigation was opened by police officers, with staff members, family members, and other residents interviewed. No one has yet been charged with anything. The actual resident was, fortunately, moved by the family into a different facility.

Friday, September 7, 2012

Bullying Leads to Wrongful Death

Bullying is a big topic these days for kids in school. It’s a real problem and many kids are suffering harsh concequences for just being who they are. Many parents feel schools need to get more involved and help prevent bullying happening in their schools. One family is suffering from a tragedy that occurred due to their son being bullied. The Mother of a 15-year-old boy who was allegedly bullied into committing suicide is suing The Greensburg school system for wrongful death. Indianapolis attorney Tom Blessing says the school system is partly to blame for the death of Billy Lucas because they didn't intervene. The wrongful death lawsuit claims Lucas was a target because of his learning disability, ethnicity and because some classmates thought he was gay.

Thursday, September 6, 2012

Baby Products Recalled

Those with babies and children, I hope you pay attention to any recalls that come out. This past summer there have been two big recalls of products I own and know a lot of people own. The first one was the popular Bumbo baby seat. This seat is designed for infants who can’t yet sit up by themselves but can support their heads. It allows them more freedom to play. However, as manufactured, the seats lack a safety restraint, and babies can easily and quickly wiggle out of most anything if not properly secured. As made, even when Bumbos are used on the floor, children can be seriously injured. For this reason, consumer groups have pushed from the beginning to have them taken off the market because babies could fall from the seats and suffer serious head injuries, including skull fractures and concussions. The recent recall is to provide a new warning and restraint belt, which Bumbo is offering in a free repair kit. The second recall this summer is the Mother’s Touch/Deluxe Baby Bathers made by Summer Infant, Inc. Manufactured in China, the Bathers allow babies to sit comfortably while getting a bath. However, when the Bathers are lifted or carried, the frame has the potential to collapse and unhinge, dropping the baby from the seat. The CPSC and Summer Infant have received reports of seven falling incidents, five of which involved infant head injuries—including skull fractures and bleeding on the brain. If you have one of these you should contact the company and get the free repair kit.

Tuesday, September 4, 2012

School Bus Accidents

School is back in and school buses are on the road. In Minnesota, the school buses make at least 10,000 trips each day statewide. Last year, there were 615 bus crashes resulting in one death and 214 injuries. In the last five years, crashes involving school buses in Minnesota caused 21 deaths, including three children who were outside a bus and hit by other vehicles. Sate law requires drivers stop at least 20 feet away from a school bus displaying red flashing lights or an extended stop arm. Tuesday morning a pair of school bus accidents sent two people to the hospital, neither being children from either bus. The first accident was when a school bus stopped at the bus stop to pick up children and the bus had it’s lights flashing with its stop arm out. “The driver of the car that hit the bus told police that between the sun in her eyes and a fogging window, she didn’t see the bus prior to crashing.” Another accident was when a car and school bus collided. One person in the car was taken to a medical center.

Tuesday, August 28, 2012

Negligence at Drug Rehabilitation Center

Parents Matthew and Suzan Holten have sued the drug rehabilitation center, Narconon Arrowhead, for negligence in their daughter’s death. The lawsuit filed alleges the facility did not provide adequate medical care for their daughter, Hillary Holten. Holten died April 11, one of three recent deaths at the facility in Canadian, in southeastern Oklahoma. In the lawsuit, the Holtens said they informed Narconon that their daughter had a condition which limits the adrenal glands' ability to produce enough cortisol, and she needed to take a steroid daily. The lawsuit says the facility informed the Holtens that a registered nurse and a medical director could manage her condition. The Holtens are obviously having a hard time seeing that her condition was managed.

Fatal ATV Accident

Thirty-eight-year-old Jodie Lynn Deck died and 37-year-old, Caleb Ball of Fort Wayne was seriously injured when an all-terrain vehicle overturned in northeastern Indiana. Deck died at the scene of the accident and the passenger was flown to a Fort Wayne hospital where he was listed in fair condition. Indiana Conservation Officer Darren Reed says, “that the ATV Deck was driving apparently rolled over after it went off a county road near a curve and then traveled a short distance along an embankment a few miles east of Columbia City.” “Reed says neither Deck nor Ball were wearing helmets when the ATV crashed. He says the couple lived together in Fort Wayne.”

Tuesday, August 14, 2012

Hit By Car While Retrieving a Bicycle

While trying to retrieve a bicycle that fell out of her trailer, a 30-year-old woman was hit by a car and left in critical condition. The woman was riding with her husband and children in a vehicle pulling a trailer, when their vehicle hit a bump and one of their bicycles was knocked loose and fell onto the highway. They pulled over and the woman got out to retrieve the bicycle that was in the left lane and that’s when she was hit by a Nissan Sentra. According to the Utah Department of Transportation, road debris causes an average of 500 crashes in the state each year. In June, Royce Munns, 46, of Brigham City was killed when the motorcycle he was riding hit a mattress that had fallen onto I-15. “A mattress or a bike is not worth a human life,” says Highway Patrol Cpl., Todd Johnson.

Tuesday, July 31, 2012

Defective Fosamax Lead to Femur Fracture

A defective product lawsuit has been filed against Merck Sharp & Dohme Corp. and Merck & Co., alleging that Fosamax caused a femur fracture in one woman. According to the complaint, the Plaintiff experienced a right subtrochanteric femur fracture in June 2010 after taking Fosamax consistently as prescribed for years. The lawsuit says that the fracture is a direct result of long-term treatment with the drug. In addition to having her thighbone broken, the suit alleges that the Plaintiff has suffered a number of serious consequences from taking Fosamax, including severe mental and physical pain and suffering, permanent injuries, emotional distress, economic loss due to medical expenses and living related expenses due to a new lifestyle. If the Defendants would have properly disclosed the risks related to using the drug over an extended period of time, the Plaintiff would not have taken Fosamax and endured the subsequent complications. The U.S. Food and Drug Administration (FDA) updated the label on Fosamax and other bisphosphonate drugs, such as Actonel and Boniva, in October 2010. A study published in May compared patients with different types of femur fractures, and found that 82 percent of patients with atypical femur fractures had taken bisphosphonates.

Tuesday, July 24, 2012

Peg Perego Stroller Recall

Hundreds of thousands of Peg Perego strollers have been recalled for the reason of possible strangulation. One death has already been reported. “A six-month-old boy from Tarzana, Calif. died of strangulation in a stroller in 2004, while a seven-month-old girl from New York was nearly strangled in 2006, according to Peg Perego USA Inc.” The company said entrapment and strangulation can take place, particularly among those younger than a year old, when the child is not harnessed into the stroller. If unharnessed, children can pass through the opening between the tray and the seat bottom and the child's neck and head can become trapped by the tray. Peg Perego is recalling approximately 223,000 strollers, which include Venezia and Pliko-P3 strollers in various colors, made between January 2004 and September 2007. Only strollers with a child tray and one cup holder are part of the recall. Strollers with a bumper bar in front of the child or a tray with two cup holders are not included in this recall.

Monday, July 9, 2012

Eight Lawsuits in Medical Malpractice

Darla Morris and Beth Mullens are two of eight patients with active medical-malpractice lawsuits against podiatrist, Dr. Leonard Janis. Four of the patients had complications from ankle surgeries that led to amputations. Darla Morris broke her left ankle while working as a nursing assistant in 2005, and over the next five years she underwent four surgeries to correct the problem. All of the surgeries failed, leading to the amputation of her leg below the knee in 2011. Beth Mullens had surgery in 2007 for what she had thought were heel spurs. Eight failed surgeries later, she underwent a below-the-knee- amputation of her left leg in 2010. “Five of the lawsuits also name Grant Medical Center or its parent company, OhioHealth, where Janis performed surgery for nearly 26 years until he resigned his privileges in February. Janis also resigned his privileges at Doctors Hospital, an OhioHealth facility with which he had been affiliated since 1979.” Mark Hopkins, a spokesman for the hospitals, would not comment on why Janis resigned but said, “ OhioHealth has rigorous standards in place for credentialing of physicians at all our facilities. We are confident that we have done nothing wrong as it pertains to these lawsuits and plan to defend our process against these allegations.”