Personal Injury

March 1, 2010

Avandia, Heart Attack and Diabetic Emacular Edema Don’t Mix

Diabetics taking Avandia may not be aware of the risk of heart attack and emacular edema. However some Avandia users have suffered the injury of cardiac arrest and emacular edema due to the use of the drug. Avandia is also sold as Avandaryl (rosiglitazone maleate and glimepiride), and Avandamet (rosiglitazone maleate and metformin hydrochloride), which all contain rosiglitazone, and Actos (pioglitazone hydrochloride), Duetact (pioglitazone hydrochloride and glimepride) and Actoplus met, which all contain pioglitazone. The manufacturers have strengthened the warnings about the drugs on the drug labels, but this does not improve the outlook for those who are injured or will be injured by Avandia. There have been reports of death following cardiac arrest with a link to Avandia. There have been reports of diabetics suffering from emacular edema of which has been successfully treated.

Symptoms that display the risk of heart failure include:

Rapid weight gain

February 26, 2010

Class Action Lawsuit for PTSD Veterans

by Burton A. Padove

Many veterans from the Iraqi and Afghanistan War suffered from post traumatic stress disorder. Many were treated. However, many were not found eligible for long term benefits. This has been unfortunate for these vets particularly when the symptoms associated with post traumatic stress can present themselves at many times over the course of a lifetime. Consequently, last quarter of 2008 a class action lawsuit was filed. Now a federal judge is allowing a court authorized mailing to go out to roughly 4,300 vets which will permit them to participate in the class action lawsuit if they qualify.

The National Veterans Legal Services is the advocacy group that initiated the class action lawsuit involving seven injured vets. If the lawsuit is won, many vets with post traumatic stress would potentially receive long term financial compensation and healthcare benefits. Veterans most likely affected in this class action received disability discharges between December 2003 and November 2008.

The diagnosis for post traumatic stress may involve both a physiatrist and psychologist. The symptoms associated with post traumatic stress are numerous, including:

February 24, 2010

Lawsuits and Drug Side Effects

by Burton A. Padove

When you go to a physician and they prescribe a medication, do they review drug side effects with you? Maybe, maybe not. Physicians are dedicated to protecting your health. Yet, this does not mean that they fully educate you about the drugs that you are taking. They are there to diagnose medical conditions, offer treatment options and alternatives to treatment. They are obligated to tell you about any complications you may experience from proposed treatments. However, they may not fully prepare you for the list of side effects that are associated with proposed medications. It’s often the pharmacist that reviews drug side effect risks and reviews your history to ensure that the drug you are supposed to take will not adversely interact with the drugs that you are currently taking. Some may say that the pharmacist has become part of the check and balance system in healthcare.

For this reason, lawsuits involving drug side effects are not usually considered medical mal practice. Lawsuits involving drug side effects are often considered defective drug liability cases. The validation of legal cases involving drug liability is determined by several factors. One factor relates to the informed consent process. Information about the drug’s side effects is presented in the package insert of the drug, on the manufacturer’s website and in advertisements that appear on television, radio or in print.

It is important to note that new drug side effects may be uncovered after a new drug filters through the mainstream population. Manufacturers gather reports from individuals that have suffered from new side effects. The FDA may receive reports from people that have suffered new side effects. At this time, the manufacturer and the FDA attempt to educate the public about the newly discovered side effect. The manufacturer also alters the package insert and advertisements in order to disclose the new drug side effects. A drug recall occurs when the number of reports becomes exceedingly high. At this time, the drug is recalled from the consumer market. People using recalled drugs may not be aware of the recall so warning letters are sent to those individuals about the recall. In the end, people should not ignore side effects associated with drugs. They should read package inserts and become fully educated about the drugs they are taking. People should report any side effects they experience to their doctor as soon as possible.

February 22, 2010

ALERT: Fire Hazard Linked to Thermador® Built-In Ovens

by Burton A. Padove

Fire hazards in products can be some of the most dangerous types of hazards. Fires that erupt from products can cause burns to individuals and the spread of the fire to surrounding areas. On January 21, 2010, BSH Home Appliances Corp. of Huntington Beach California, in conjunction with The U.S. Consumer Product Safety Commission, announced a recall of the Thermador® Built-In Oven following reports from individuals of fires due to the oven.

Insulation gaps in the oven are the cause for concern in the recalled Thermador® oven. These insulation gaps can overheat when in use or in the self cleaning mode. The overheating can create a fire that reaches surrounding cabinetry and ultimately places users at risk of serious injury or death. Two of the three reports received by Thermador® involve fires that reached surrounding cabinetry. In the past, BSH Home Appliances Corp. had recalled 42,000 built in ovens. The latest recall involves 37,000 built in ovens. This recall is limited to the Thermador® built in double oven model numbers C272B, C302B, SEC272, SEC302, SECD272 and SECD302 and serial numbers between FD8403 through FD8701. People can check the serial number by viewing the underside of the control panel. People affected by the recall should stop using the oven and call the manufacturer at (800) 701-5230.

Fire hazards can be created many ways. Failure to maintain a gas oven is a fire hazard. Heating of toxic fumes can cause a fire hazard. Misuse of a product can cause a fire hazard. Manufacturer defects are one of the leading causes of fire hazards each year.

February 19, 2010

Roughly 1.5 Million Strollers with Hazardous Defects

by Burton A. Padove

Every year there are a good number of children’s products that are recalled because they pose a risk for injury. Over the years, various toys, cribs and children’s accessories have been recalled due to defects. The most recent recall involves Graco’s Strollers. The recall came after serious reports of injury.

Five children had their fingertips amputated due to the defect in several types of Graco Strollers. Two other children received lacerations because of the faulty stroller models. The affected models include: Graco’s Passage™, Alano™, Spree™ Strollers and Travel Systems.

Graco and The U.S. Consumer Product Safety Commission announced a recall of the affected strollers to prevent injury to other children. The defect relates to the hinge mechanism on the canopy of the stroller. When the canopy is being used, the design of the hinge creates a risk for amputation or laceration. Not all strollers in the affected models pose an injury risk. It is those that use a hinge mechanism with plastic notches for positioning that create the hazard for children. Parents that have purchased such strollers can contact the manufacturer for a kit that may be placed on the stroller to prevent the risk of injury. Consumers can contact Graco at (800) 345-4109 for more information.

February 16, 2010

The Outlook of a Toll House Cookie Lawsuit

by Burton A. Padove

Toll House Cookie lawsuits may soon be eminent due to the injuries sustained by individuals eating the cookies. Since the second quarter of 2009, reports of individuals that have suffered injury have accumulated throughout twenty eight states. There have been over 65 people that have become ill, 25 people that have been hospitalized and over 5 people that have developed Hemolytic Uremic Syndrome, including hemolytic anemia and acute renal failure.

Nestle has recalled all varieties of the prepackaged, refrigerated Toll House cookie dough that they suspect has been contaminated. The contamination is suspected to be E Coli. Hemolytic Uremic Syndrome, including hemolytic anemia and acute renal failure are serious medical conditions that may progress over time. Though, many people do recover from Hemolytic Uremic Syndrome. The symptoms that signify illness from the cookie dough, include:

Diarrhea, bloody or otherwise abnormal stools

February 15, 2010

Construction Accidents and Spinal Cord Injuries: Defraying Costs

by Burton A. Padove

Construction accidents are the third leading cause of injury related death. One of the most common injuries sustained in a construction accident is a spinal cord injury. In 2002, there were 250,000 spinal injuries in the U.S. The average age of a spinal cord injury victim is 25 and the disabilities usually last a lifetime. In fact, slightly less than fifty percent do not have health insurance at the time of the construction accident. Yet, the costs for a spinal injury are very expensive. The average first year medical costs for a spinal cord injury victim are $140,000. The second year costs for a spinal cord injury victim are over $150,000 for paraplegics and over $400,000 quadriplegics. The lifetime costs associated with care are nearly $430,000 for a paraplegic and up to $1.35 million for a quadriplegic. So, how can workers injured in construction accidents defray their costs?

Know Your Legal Rights

Workers that are injured in construction accidents have legal rights which may allow them to receive compensation for their injuries. Injured workers may be entitled to worker’s compensation which provides funds for lost wages and lost future earnings. Worker’s compensation may also provide vocational assistance to help place injured workers in appropriate jobs. Injured workers may have a product liability claim against the manufacturer of a defective product that caused the accident. This claim may allow for compensation relating to lost wages and future earnings, pain and suffering as well as medical expenses. Injured workers may also be entitled to employer or contract negligence benefits. Yet, there are limitations in regulations. Legal rights of victims vary among the states. For these reasons, it is important to seek out a personal injury lawyer because they understand the laws in all areas of liability so that injured workers can receive the maximum benefit.

January 29, 2010

RECALL ALERT: 2009 KTM OFF ROAD MOTORCYCLE

by Burton A. Padove

The orange and black model numbers 125SX, 150SX, 250XC-W, and 300XC-W 2009 KTM off road motorcycle have been recalled by the manufacturer in conjunction with The Consumer Product Safety Commission. The reason for the recall is because of a defect that has been uncovered by the manufacturer. The concern is over a possible dislodging of the front fork inner tube from the fork axle. The front fork inner tube may crack as well. A front fork inner tube crack or dislodge may cause serious injury or death to the driver and passengers of the affected KTM Off Road Motorcycles.

Motorcycle accidents can be some of the most serious types of accidents. Victims of motorcycle accidents may suffer from brain damage, paralysis, burn injuries, broken bones, bodily cuts and road rash. When a defective product is the cause for a motorcycle accident, the manufacturer is liable for the injuries sustained and the financial implications surrounding the accident. These financial implications include: medical expenses, lost wages, pain and suffering, loss of lifestyle, and loss of quality life in marriage.

Owners of the affected motorcycles are advised to immediately refrain from using the bike. Owners may contact KTM at (888) 985-6090 to schedule a free repair. Furthermore, it is important for people that own motorcycles to proceed with regular maintenance and check ups for their vehicles. Thousands of people are injured and die because of motorcycle accidents each year. Many of these injuries are caused by defective parts on motorcycles.

January 28, 2010

Are You a Distracted Driver? Beware!

by Burton A. Padove

Do you use your cell phone while driving? Have you texted a friend while driving? Has something caught your eye that has prompted you to take a picture while driving? If you’ve answered yes to any of these questions, you may have been considered as distracted as a drunk driver. That’s right, a study conducted by the University of Utah in 2006 showed that people using cell phones while driving are as distracted as drunk drivers. To make matters worse, it has been estimated by the AAA that roughly 3 million auto accidents are caused by distraction in driving.

Let’s face it, using cell phones in any capacity while driving can lead to other distractions. Cell phone use can contribute to tunnel vision. Cell phone use can limit our ability to scan the road. Cell phone use may lead to being lax when performing activities required for driving such as using blinkers and rear view mirrors. In fact, people that perform other activities while driving tend to reduce their speed when compared to drivers that are not multi-tasking.

There are also laws in the making to safeguard against cell phone drivers. At first glance, it appears that some of the tougher laws are targeted toward teenagers. Several states have banned teens from texting while driving. Yet, no one is suspected to ultimately be immune from cell phone driving laws that will better restrict people of all ages from using cell phones while driving.