Charlottesville Personal Injury Lawyer

Advocacy Group Sues FDA Over Prescription Painkiller

Greg Webb — Tue, 01 Jul 2008 09:00:00 GMT

Public Citizen, a consumer advocacy group, has sued the Food and Drug Administration (FDA) due to a prescription painkiller sold under such names as Darvon and Darvocet. They claim this drug is too risky to stay on the market. The drug contains a narcotic, known chemically as propoxyphene, which can cause a slowed heartbeat and other serious cardiac effects, even when used properly. Two years ago, the advocacy group petitioned the FDA to ban the drug, saying it was no more effective than other painkillers while also citing the accidental deaths of more than 2,000 people using the drug since 1981.

Public Citizen filed the suit with the U.S. District Court in Washington arguing the FDA disobeyed the law by not ruling on its petition within the six months required. http://www.washingtonpost.com/wp-dyn/content/article/2008/06/19/AR2008061903528.html

Originally posted at InjuryBoard by Greg Webb

High-Performance Aluminum Bat Blamed In Lawsuit

Greg Webb — Mon, 30 Jun 2008 09:00:00 GMT

A New Jersey teen, Steven Domalewski, and his family sued Hillerich & Bradsby Co., claiming an aluminum bat manufactured by the company caused him serious injuries. The lawsuit also named Little League Baseball Inc., who approved the bat for play, and Sports Authority, the company who sold the baseball bat, as defendants. The boy, who was playing the position of pitcher at the time, was hit in the chest by a fast-flying baseball, stopping his heart and causing a lack of oxygen to the brain for fifteen to twenty minutes. This lack of oxygen resulted in significant brain damage.

The batter was using a YB504 Louisville Slugger TPX Platinum aluminum alloy bat. The complaint alleges these high-performance metal bats create increased exit speeds when compared to wooden bats, which reduce a player's reaction time. It also claims the bat was a defective product under the New Jersey Product Liability Act, stating claims of fraud, breach of express and implied warranties, and negligence. The plaintiffs assert the defendants committed fraud by claiming that the bats are safe when they really are not. Little League Inc., however, claims they hold their players' safety above everything else and that the assertions by the Domalewskis are false; non-wooden bats are as safe as wooden bats. Hillerich & Bradsby also issued a statement saying their bat is not to blame. They claim injuries in baseball like Steven's, though rare, have occurred more from thrown or pitched balls than batted balls. Controversy over the safety of non-wooden bats extends back twenty to thirty years

Originally posted at InjuryBoard by Greg Webb

Some Artificial Turf Athletic Fields Found To Contain Lead

Greg Webb — Fri, 27 Jun 2008 13:34:40 GMT

The federal Centers for Disease Control (CDC) have asked that artificial turf athletic fields containing worn or faded turf blades made out of nylon or nylon-blend fibers be checked for lead, as well as nylon fields with visible dust. These guidelines were established after New Jersey health officials discovered unexpectedly high levels of lead in the turf fibers of three athletic fields. The artificial turf industry has claimed its products cannot be to blame since the lead used to color the turf is encapsulated within the blades. Further tests showed that although the lead levels were not high enough to cause poisoning in the people who play on the fields, it would cause increasing damage in children already exposed to lead.

The New Jersey Health Department found lead in three nylon fields that it tested; however, it found none in the ten polyethylene surfaces it examined. The three fields that were found to contain unhealthy amounts of lead were voluntarily ripped up and replaced. State authorities have asked for more detailed testing on a federal level. The United States Product Safety Commission (USPC) has agreed and is looking into the potential health hazards of lead in artificial turf installed at parks, stadiums and stadiums around the United States. To minimize the risk of exposure, the CDC advises field managers to water down the fields and use other dust-suppressing methods. They also suggest that people who play on the fields should wash their hands, shower immediately after playing, turn clothing inside out and launder separately from other clothes, leave athletic shoes outside, and make sure drinking containers are covered and enclosed in a bag or cooler when not being used. http://news.yahoo.com/s/ap/20080619/ap_on_sp_ot/artificial_turf_lead_1

Originally posted at InjuryBoard by Greg Webb

Federal Judge OKs W.R. Grace Settlement of $250 Million For Town Contamination

Internal Administrator — Fri, 27 Jun 2008 13:15:31 GMT

A U.S. Bankruptcy Judge, Judith K. Fitzgerald, has approved an agreement for W.R. Grace & Co. to reimburse the federal government $250 million, within thirty days, for the investigation and cleanup of asbestos contamination in a Montana town. Exposure to asbestos in the town is believed to have caused lung-scarring asbestosis and mesothelioma, a cancer, directly linked to asbestos exposure, which attacks the lungs. The contamination originated from vermiculite mine and processing facilities that were a few miles from the northwestern Montana town. These facilities were owned and run by W.R. Grace & Co. from 1963 until the site closed in 1990. The Columbia , Md.- based chemical manufacturer consented to the amount to settle a claim brought by the government to recover money for the past and future cleanup of affected schools, businesses and houses in the town. Taxpayers had been footing the bill for the EPA's investigative work and cleanup, totaling $168 million, which will most likely lead to an additional $175 million in costs.

The contamination has been blamed for causing many people to fall ill; some have even died. The US Department of Justice and the Environmental Protection Agency (EPA) say the settlement will be the largest ever reimbursement program through the government's Superfund program. A Justice Department attorney said the settlement is quite a compromise for the federal government, though the timely payment will allow cleanup to proceed without any budgetary concerns. The EPA has said cleanup will continue for three to five years. http://biz.yahoo.com/ap/080602/wr_grace_settlement.html?.v=1

Originally posted at InjuryBoard by Internal Administrator

Federal Judge OKs W.R. Grace Settlement of $250 Million For Town Contamination

Greg Webb — Fri, 27 Jun 2008 09:38:21 GMT

Originally posted at InjuryBoard by Greg Webb

15 Passenger Vans More Prone To Rollover In Summer Months, According To NHTSA

Greg Webb — Fri, 27 Jun 2008 09:00:00 GMT

A safety advisory has been issued by the National Highway Traffic Safety Administration (NHTSA) warning consumers of the high risk of rollovers in fifteen passenger vans. The warning comes after research shows summer months (June-August) are the deadliest time of year for passengers in these vans. Thirty-one percent of fatal rollovers occur during this period of time because of the increase in travel. NHTSA data has shown an increased risk for rollover when the van is fully occupied because the vehicle has a higher center of gravity, which makes it less stable and harder to handle. For example, in 2006, fifty percent of occupant fatalities occurred in vans that were fully occupied.

Safety advocates say the agency's warnings are inadequate and the agency should require the same safety for vans as it does other vehicles, which they currently do not. Federal regulators and automakers, on the other hand, have repeatedly blamed the rollovers on passenger behavior, claiming the vehicle itself is inherently safe. They claim deaths due to rollovers in fifteen passenger vans has declined since 2001 due to electronic stability controls developed in 2004. The data on how much this equipment actually helps in rollovers, however, is not yet known.

NHTSA has asked the users of fifteen passenger vans to avoid other factors that increase the risk of rollover by wearing their seatbelts, checking tire pressure, and ensuring an experienced driver is operating the vehicle. It is imperative that van owners also change the vehicle's tires because although they might still have their tread and be properly inflated, they still become less safe over time. Other van advisories have asked van operators to keep the passenger load light and not put anything on the roof.

Originally posted at InjuryBoard by Greg Webb

Former KBR Employees Looking For Day In Court

Greg Webb — Tue, 24 Jun 2008 09:00:00 GMT

The claims of civilian truck drivers injured or killed in Iraq may finally receive a thorough hearing in court. The drivers at the center of the issue have filed a lawsuit against former employer, Houston-based company KBR. An appeals court decision, sending the case back to the lower court that dismissed it two years ago, may finally give the drivers the chance to get their case heard

The lawsuit was created on behalf of drivers whose fuel convoy was ambushed in April 2004, leaving fifteen drivers injured, six killed and one still missing. The drivers were assured by KBR that they would only be sent into active combat if they had adequate protection. The lawsuit claims KBR knew the convoy would be attacked but dispatched it anyway. KBR, on the other hand, claims it is merely an Army contractor and the Army is responsible for the safety of convoys. T. Scott Allen, a lawyer representing one of the drivers and their families, points out the fact that civilians are being hired for work that used to be handled by the military, yet they are not being given the same protection as soldiers, nor are they given the rights of private employees.

The issue at hand is whether questioning KBR's decision to send drivers into harm's way second-guesses their employer's judgment or whether the questioning challenges military decisions. Military issues cannot be reviewed by a court of law, while workplace issues can. This military issue led to the case not being heard in 2006 because the U.S. District Judge said the court lacked the authority to question military decisions. Recently, however, the appeals court said the claims against KBR can be separated from the issue of the Army's role since the KBR contract does not put the company under the Army's direct supervision. While the case has been sent back for a trial, further appeals might prolong the process. http://www.chron.com/disp/story.mpl/business/steffy/5810966.html

Originally posted at InjuryBoard by Greg Webb

New Study Links Rise In Premature Births To C-Sections

Greg Webb — Mon, 23 Jun 2008 09:00:00 GMT

Researchers are reporting that premature single births are on the rise in the United States, mostly among infants delivered by Caesarean section (C-section). They say part of the increase might be due to C-sections that are not medically necessary. This trend is frightening since premature babies are at risk for many problems such as breathing and feeding disorders, delayed brain development, and possibly death. A study of single births from 1996 to 2004 showed an increase of one percentage point from 9.7 percent to 10.7 percent in premature deliveries. Ninety-two percent were delivered by C-section, with most of the babies being born "late preterm", meaning they were born after thirty-four to thirty-seven weeks of pregnancy as opposed to the typical thirty-eight to forty-two. The rate of C-sections has also risen in recent years from 20.7 percent in 1996 to 30.3 percent in 2005. The study was based on a review of previous studies and birth records conducted by the March of Dimes Foundation, the federal Centers for Disease Control and Prevention and the Albert Einstein College of Medicine. http://www.nytimes.com/2008/05/28/health/research/28birth.html?_r=2&ref=health&oref=slogin&oref=slogin

Late preterm babies are the fastest growing subgroup of preterm births and make up about seventy percent of all premature births in the United States. Even though they are close to full-term, they are still at an increased risk for serious problems because they were born early. Obstetrics have changed drastically over the last few years with doctors inducing labor and performing C-sections when such practices are not needed. It is believed they are doing so to prevent litigation in case something goes wrong during vaginal delivery, while also allowing the obstetricians to plan exactly when a birth will take place, saving them time and allowing them to have an efficient schedule. Obstetricians are becoming a bit complacent about delivering babies early because pediatricians and neonatologists have become so proficient at taking care of premature babies. They may let their guard down at around thirty-six weeks because they believe the baby will be fine if it has to be delivered. http://www.nytimes.com/2008/05/28/health/research/28birth.html?_r=2&ref=health&oref=slogin&oref=slogin

Originally posted at InjuryBoard by Greg Webb

Nuclear Plant Contractors Ordered To Pay Damages

Greg Webb — Sun, 22 Jun 2008 20:23:17 GMT

Dow Chemical Co. and Rockwell International Corp., two companies that were contractors at the now defunct Rocky Flats nuclear weapons plant, have been ordered to pay $925 million to residents who claimed plutonium contamination from the facility has endangered their health and devalued their property. The lawsuit, filed by a group of homeowners, affects up to 13,000 people who owned land close to the former plant when it shut down in 1989 due to safety violations. It claimed the companies purposely mishandled radioactive waste and then proceeded to cover it up. Violations documented by state and federal officials included the outdoor storage of barrels of waste oil and solvents that were contaminated with plutonium. State health officials believe some of these barrels leaked and contaminated the surrounding soil, which later blew downwind.

Judge John L. Kane ordered Dow to pay $653 million and Rockwell to pay $508 million in compensatory damages. However, he capped the amount to be collected at $725 million. Rockwell and Dow were also instructed to pay exemplary damages of $111 million and $89 million, respectively. Dow has denied any wrongdoing and is seeking an appeal, while Rockwell, which has been partly purchased by Boeing Co., said it had no liability for the site. Judge Kane ordered Boeing responsible for Rockwell's portion of the judgment. Both companies' spokesmen have claimed the Department of Energy has agreed to be responsible for any judgment costs or settlements. So far, the federal government has spent $7 billion dollars to clean up the area and turn it into a wildlife refuge. http://www.latimes.com/news/nationworld/nation/wire/sns-ap-rocky-flats-lawsuit,1,3366946.story

Originally posted at InjuryBoard by Greg Webb

Experts Concerned About Surge In C-Sections

Greg Webb — Sun, 22 Jun 2008 20:01:57 GMT

Although it used to be the delivery of last resort, Caesarean sections (C-section) are now becoming all the rage. Almost one in three pregnant women underwent a C-section in 2006, while only one in five had the procedure a decade earlier. Supporters think the surgery removes the rare but terrifying complications of vaginal delivery that can result in a baby's injury or even death. Those who would like the use of C-sections to be limited claim the lengthy recuperation and increased risk for uterine rupture can lead to other problems during future pregnancies.

In the past, it was believed that after a C-section, the next child should be delivered vaginally. Several studies, however, have shown a vaginal birth after C-section raises the risk of uterine rupture. This switch is believed to be a driving force behind the increase in surgeries. Some believe these studies have gone too far after recent research shows that out of 13,000 women who attempted vaginal birth after C-sections, the risk of uterine rupture was less than one percent. Another cause for the spike in C-sections is the rising mal-practice premiums facing obstetricians, a figure that can increase drastically if a doctor is sued for something going wrong during labor. Without labor, no lawsuit can be made and parents rarely sue over C-sections.

C-sections are more efficient for doctors. They allow doctors to plan their schedules more efficiently, rather than waiting for a vaginal delivery. It is a lot easier for them to take a baby out through an incision, as opposed to maneuvering him or her through a narrow opening. Not only do C-sections remove the fear of pain from natural childbirth, women are also finding C-sections to be an efficient way to manage time and prevent them from attending natural-childbirth classes. Some celebrity mothers plan a C-section, for non-medical reasons, four weeks before the baby's due date to minimize saggy loose skin and stretch marks. This can lead to the babies having breathing complications due to underdeveloped lungs

There are still dangers when undergoing a C-section. For example, the surgery involves a longer stay in the hospital and weeks of recuperation. A survey of almost 1,600 new mothers, found more than three-quarters of the patients receiving C-sections felt abdominal pain over the next two months and one in five had discomfort after six months. C-sections also increase the likelihood of placenta previa during future pregnancies. Placenta previa is a condition that can cut off the supply of oxygen to the baby during labor. The surgery also can increase the risk of death for a mother because of blood clots, complications with anesthesia and infections.

http://www.star-telegram.com/health/story/662028.html

Originally posted at InjuryBoard by Greg Webb