Toyota owners that have not been injured and those that have may be entitled to financial compensation because of the defects associated with Toyota cars. Toyota recalls have totaled approximately 8 million autos over the past several months, including several models:
NSF, also known as nephrogenic systemic fibrosis or nephrogenic fibrosing dermopathy, has been linked to a gadolinium-based contrast agent that has been used in 200 million MRI procedures. Dating back to 2006, investigative authorities and Omniscan, the manufacturer, had begun to receive reports of nephrogenic systemic fibrosis in people that were given the gadolinium-based contrast agent during their MRI. Later, studies have documented that gadodiamide intoxication can build in years over time. The studies also noted that loss of renal function increases the severity of NSF. Researchers have not been able to fully identify the clinical, biochemical and pharmacological factors that relate to NSF and gadolinium contrast dye. However, it is clear that the key ingredient, namely gadodiamide, is responsible for producing NSF in patients that used this contrast dye for their MRI.
NSF is a painful debilitating disease that cannot be easily treated and may result in a slow painful progression to death. People with NSF are known to suffer from skin death that may encompass the body including: fibrosis of the diaphragm, muscles, abdomen and lungs. The skin may thicken as well. People with NSF may suffer from joint dysfunction and connective tissue disorders which can limit their mobility. People with NSF may also suffer from kidney impairment.
The manufacturers Bayer Healthcare, Bracco, Covidien, GE Healthcare and Mallinckrodt have all produced gadolinium contrast dye. It is not known how many of the 200 million people that have been administered the contrast dye is affected by NSF. However, there are a high number of reports of serious injury and death due to gadolinium related NSF.
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:
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:
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.
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.
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.
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:
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.
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.
Indiana Injury And Family Lawyer Blog