Charlottesville Personal Injury Lawyer - injuries

Professional Football Careers May Lead to Memory-Loss

Greg Webb — Mon, 05 Oct 2009 01:00:00 GMT

A recent telephone study done by the University of Michigan at the request of the NFL has found that retired NFL players may be more prone to cases of dementia and Alzheimer’s disease than non-football players of the same age.

The survey asked over 1,000 former NFL players if they’d ever been diagnosed with a memory-loss related condition or disease. Two percent of former players between the ages of 30 and 49 said “yes.” According to the MSN article, “Ex-NFL players report higher rates of dementia,” that’s 19 times higher than normal. The results were 5 times higher for retirees over 50.

David Weir, the lead author, emphasized (perhaps downplayed) that the findings did not show a direct causal link between football and memory loss, only that the risk is worth studying. msn.foxsports.com/nfl/story/10148102/Ex-NFL-players-report-higher-rates-of-dementia

This writer is a huge football fan. But the fact is, a concussion is a brain injury, and to the extent football players are getting concussions (repeatedly, in many cases), they are getting brain injuries. The NFL needs to do something to take care of these guys, who literally sacrifice their bodies for this game, nothwithstanding they make a good living. Given what they put their bodies through, the money they make is justified. When guys weighing between 200 and 350 pounds, who move very fast, are pounding each other at high speeds, concussions (and other debilitating orthopedic injuries) are simply going to happen. The NFL needs to do more for them as they develop dementia, Alzheimer's, and other neurologic injuries.

Originally posted at InjuryBoard by Greg Webb

Study - Gym Class Injuries Increased Dramatically Since 1997

Greg Webb — Thu, 27 Aug 2009 10:57:59 GMT

A new pediatric study has shown that children these days are more likely to get injured in gym class than they were a decade ago. Dr. Lara McKenzie of National Children's Hospital in Columbus, Ohio, the lead researcher on the study, suggests the reason for this 150% increase in physical education (PE)- related injuries treated at emergency departments from 1997-2007 could be a lack of supervision a decrease in full- time school nurses, and a change in the PE curriculum.

Because schools have reduced the numbers of full-time nurses on staff, injured children must now go to the hospital to see what is wrong. Schools may also be packing too many students into classes; for instance, just 36% of the schools that require PE set a maximum student/teacher ratio. Finally, the PE curriculum has shifted from the traditional team sports to fitness activities that students can pursue throughout their lifetime, such as biking and rock climbing. However, McKenzie is quick to add the benefits of PE far outweigh the risks of children developing a lifestyle that encourages obesity. She claims more gym teachers, more training, more nurses and more equipment could solve the injury increase.

McKenzie and her research team looked at data from the United States Consumer Product Safety Commission’ National Electronic Injury Surveillance System, which tracks recreation and sports-related injuries that are treated at a nationally representative sample of about 100 US hospital emergency departments. While the system reported about 24,347 PE-related injuries in 1997, it reported there were about 62,408 only a decade later; the increase was seen in both girls and boys across all age groups.

About one in five injuries were strains or sprains of the leg, while about one in seven were broken arms, or arm sprains or strains. About 70% of the injuries were related to six sports: soccer, basketball, running, football, volleyball, and gymnastics. Another recent look at the agency’s data showed cheerleading is the sport that causes the most catastrophic injuries, or those usually resulting in spinal cord damage, among high school and college students; high school cheerleading accounted for seventy-three such incidents.

Originally posted at InjuryBoard by Greg Webb

Woman Crusades Against Pool Filters That Killed Husband

Greg Webb — Mon, 13 Jul 2009 08:00:00 GMT

Sue Halverson has become an activist, warning the public about the dangers of a two-piece, kettle style pool filter that exploded and struck her husband in the head, killing him. With the help of an undisclosed settlement she won from the filter’s manufacturer, Mrs. Halverson created a website (www.poolsafetyadvocates.org) to inform the public of the potential danger this particular pool filter design causes. The Consumer Product Safety Commission (CPSC) found twenty-two similar incidents since 1982, including four deaths. In the nonfatal incidents that were reported, the majority of victims suffered severe injuries, such as the loss of an eye or brain injuries.

According to the attorneys that filed damage claims, all of the injuries were results of a design flaw in the kettle-style or canister filters. The filters are held together by a fastener, in most cases a clamping system, that critics say can come loose after time and not hold the top and bottom pieces together properly; most of the filters also had air-relief valves that sometimes fail to release the built-up air. In all of the cases, the victims were cleaning the cartridges inside the filter and had placed the top portion back on when compressed air gathered up in the filter, resulting in explosions that separate the top part of the two-piece filter away from the bottom. A member of the CPSC claimed the incidents involved maintenance issues where the covers were not installed properly after cleaning, either not locked down sufficiently or incorrectly, or the system was not depressurized before the maintenance was attempted.

An attorney also pointed out that the reports of the filter explosions are scarce because of the way the CPSC tracks incidents; manufacturers only have to report incidents to the commission if they settle or lose lawsuits involving injury or death with the same model of a product during a twenty-four month period. Many different manufacturers, however, use the same filter design and the deaths would have to happen in clusters for anything to be reported to the CPSC. He says the better alternative is to have the top and bottom sections secured by bolts, like the type he has purchased for his own pool.

Three conditions must happen for the malfunction to occur. There has to be compressed air in the filter, the band has to malfunction, and either due to user error or the age of the filter, the victim must be leaning over the filter checking the gauges.

Originally posted at InjuryBoard by Greg Webb

Alarming Data in the Amount of Children Injured While Playing Baseball

Greg Webb — Mon, 22 Jun 2009 08:00:00 GMT

While baseball may seem to be a fairly safe sport, researchers have found that over a thirteen year period, more than one and a half million players under eighteen years of age were injured enough to be treated in emergency rooms. Although it is unclear how many children are involved in the sport, the Consumer Product Safety Commission (CPSC) claims there are about six million in leagues and another thirteen million playing baseball on their own.

Researchers discovered this alarming data after analyzing a nationally representative sample of emergency room visits from baseball-related injuries during the years 1994 to 2006 using data that was gathered by the CPSC. Though most of the injuries were minor and more than ninety-eight percent were treated in the emergency room and released, 24,350 required hospitalization, mostly due to fractures and concussions.

The data has shown a decline in the amount of injuries from 147,357 in 1994 to 110,602 in 2006 possibly due to improvements in equipment. For example, the most common injuries were caused by children being hit by the ball, however, the now softer safety balls have been offering more protection. A separate study has also shown there have been no facial injuries to batters wearing helmets with face guards. Doctors hope there can also be a change to encourage children to wear mouth guards while playing the sport for added protection.

It seems clear to this writer that the improvements in safety equipment have helped to reduce injuries. Having played baseball as a young man from age 7 to 18, when we did not use batting gloves and wore metal spikes, it is nice to see the game is a bit safer than in the "old days" when I played. But, for traditionalists, it may be shocking to see a young person going to bat with a helmet and face mask, and hitting a "safety ball". I guess it depends upon the angle from which you view the situation, but it is hard to argue with the above numbers.

Originally posted at InjuryBoard by Greg Webb

Take Precautions To Prevent Dangers of Treadmills

Greg Webb — Sun, 07 Jun 2009 22:02:03 GMT

The recent death of Mike Tyson’s 4-year-old daughter, found with a treadmill cord around her neck while her mother cleaned in another room, has called attention to the hazard that home exercise equipment poses to children. Doctors report that the emergency room sees approximately 25,000 children per year who suffer from a broad range of home exercise equipment-related injuries.

An Australian study last summer found that treadmill friction injuries account for about 1% of pediatric burns, but that number is on the rise. These treadmill injuries include a growing number of severe burns on the hands of children who touch around or under the treadmill belt while it’s running, and the burns can be severe enough to require multiple skin grafts or cause permanent disability.

While some incidents occur when unsupervised children play with unlocked equipment, many take place while a parent is using the machine. Australia is putting a new standard into effect this month that requires all new treadmills to carry a prominent warning sticker alerting treadmill users to keep children away from the machine when it’s in use. Owners should keep home exercise equipment locked and unplugged to prevent children from starting the machines and should position equipment so that parents have a clear view of approaching children while they exercise.

Originally posted at InjuryBoard by Greg Webb

FDA Says Stop Using Popular Weight Loss Supplement Hydroxycut

Greg Webb — Fri, 01 May 2009 17:13:01 GMT

The U.S. Food and Drug Administration (FDA) says it has received 23 reports of serious liver injuries related to peoples' use of Hydroxycut products. Hydroxycut products are widely used dietary supplements for weight loss. The products are also used as "energy enhancers" and "fat burners".

The liver damage reports obtained by the FDA include problems ranging from jaundice to an injury so severe it required a liver transplant. There are also reports of seizures, cardiovascular disorders, and rhabdomy olysis (which can lead to kidney failure).

The recalled products include Hydroxycut Regular Rapid Release Caplets, Hydroxycut Carb Control and Hydroxycut Max Drink Packets. For more information on this recall, see the FDA website at www.fda.gov/bbs/topics/NEWS/2009/NEW02006.html

The products are manufactured by lovate Health Sciences in Ontario, Canada. The company is pulling 14 products, although the FDA says that not all of the products have been shown to be dangerous.

The products recalled contain a number of different ingredients, including herbal extracts. Dietary supplements do not require the same level of scrutiny before being sold to the public that pharmaceutical drugs require in the U.S.. Many consumer advocates have argued for years that there needs to be better governmental oversight of these industries. It seems that this latest incident is further evidence of the latter.

The FDA states that any people who have taken the recalled products should immediately see a physician if they have symptoms of nausea, vomiting, light-colored stools, excessive fatigue, weakness, stomach pain, itching, or loss of appetite, all of which may be indicators of a liver injury.

Originally posted at InjuryBoard by Greg Webb

Tattoos, Nicotine Patches And Other Medical Devices May Pose Problem During M.R.I.s

Greg Webb — Tue, 31 Mar 2009 17:44:35 GMT

Federal health officials warn that patients who wear nicotine or other drug patches during M.R.I. scans may get burned due to the machine’s huge magnet that can heat tiny metal elements found in the patches. Not all patches contain these aluminum elements. The Food and Drug Administration (FDA) has received at least five reports of patients wearing patches who experienced a skin burn similar to a sunburn during an M.R.I. screening; federal officials are usually only alerted to a fraction of the injuries associated with a particular drug or device so the number may be much more.

About sixty different types of drug patches are sold in the United States, and about twenty contain the small metal fragments. Some of the patches do not warn patients about these metal fragments, and since few people review the box after donning the patch, the FDA will soon require that all manufacturers put warnings, such as "Remove Before M.R.I." on the patch itself. Patients should consult their physician regarding whether or not to replace or reuse the patches after removing them for scans.

This patch alert is the latest in an assortment of safety warnings involving increasingly powerful M.R.I. devices, due to the unpredictable effects of strong magnets used in the devices that are continuing to be discovered. Radiologists are now warning patients that they can experience discomfort or injury if they have tattoos, implanted medical devices or shrapnel. Tattoos also contain metallic elements in some cases, which can lead to warming in the skin that can grow uncomfortable. Some M.R.I. screening rooms place metal detectors in front of the rooms to prevent the problem of patients forgetting to remove metal objects before entering.

Originally posted at InjuryBoard by Greg Webb

NHTSA Did Not Release Children’s Car Seat Crash Data

Greg Webb — Fri, 13 Mar 2009 08:00:00 GMT

Out of sixty-one infant car seats tested, thirty-one flew off their bases or exceeded injury limits in a series of frontal car crashes conducted by federal researchers using 2008 model year vehicles. These test results, however, were never published and some infant car seat manufacturers were unaware of their existence. The Chicago Tribune newspaper found the data buried in thousands of pages of test reports from the National Highway Traffic Safety Administration (NHTSA); the tests were being conducted in order to determine the safety of the cars, not the child restraints in them. This data calls into question the rigor of safety standards for such seats and the NHTSA’s negligence in failing to report the information to the public.

While a consumer may compare the safety of cars, there are no similar resources available to compare the safety of child car seats. Parents are left wondering which car seat to choose and whether conventional wisdom is accurate. For example, the most expensive car seats had poor results, and some car seats were protected in small cars better than in large cars. Many infant restraints that were strapped into cars with a five-star safety rating, the highest rating possible, also performed poorly. While examining the data, the Tribune found the higher injury ratings occurred when the infant dummy’s head hit the back of the front seats; in the sled tests, this potential injury would not be observed since there are no front seats. Manufacturers are also not forced to test side-impact scenarios, though when the government tested such scenarios, a recall of one million Evenflo Discovery seats was initiated.

In the video the Graco SafeSeat flew off its base; however, NHTSA officials are not seeking a recall because the seat remained connected in five other tests so it was not a "repeatable event". The agency is still analyzing its test results, though it claims that if car seats performed as poorly on American roads as it did in research tests, there would be a lot more infant fatalities or serious injuries.

Some manufacturers dispute the government’s results, such as Graco’s Children’s Products Manager, who claims the SafeSeat in the video was not properly snapped into its base. If the backseat of a car has a glitch, this too can create problems for a car seat. For example in a car where the backseat came apart, a strap that fastens between the baby’s legs ripped off. In a car where the seat stayed intact, however, the strap remained whole. NHTSA officials claim skilled technicians properly installed the seats and officials juxtaposed crash photos and owner’s manual diagrams to assure the seats were installed properly.

While the government said the tests were research, the results for two seats were so troubling regulators recalled the seat models and one manufacturer completely overhauled the way it evaluates its seats. Since the results were made public, the newly appointed Transportation Secretary ordered a complete review of child safety seat regulations and directed NHTSA staff to make crash-test results more available to the public. Former NHTSA administrator, Joan Claybrook, recommends automakers crash-test cars along with infant seats to see which products perform best with each model.

Originally posted at InjuryBoard by Greg Webb

Pfizer Lawsuit by Nigerians Over Drug Tests May Go Forward

Greg Webb — Sun, 15 Feb 2009 18:04:40 GMT

A lawsuit against Pfizer for allegedly testing a new drug without the patients’ consent may go forward, said the U.S. Court of Appeals for the Second Circuit. The divided ruling allows 88 Nigerian families to pursue their claim against the drug manufacturer under a 1789 law that gives foreigners the right to tort claims in federal courts for violations of the "law of nations."

The lawsuit claims Pfizer tested 200 Nigerian children who had contracted meningitis during a 1996 outbreak. Pfizer allegedly treated half with Ceftriaxone, an FDA-approved drug, and the other half with a new drug, Trovan. The families claim they were not informed of the nature of the experiment or the possible fatal side-effects of Trovan. They also assert that Pfizer used lower doses of Ceftriaxone in order to boost the apparent effectiveness of Trovan. The testing led to the death of 11 children and left many others blind, deaf, paralyzed or brain damaged, according to the families.

In a statement issued the day of the court’s ruling, Pfizer said it had the consent of the parents of children involved in the study, and that the study "was consistent with both international and Nigerian laws." In addition, it states that the deaths and injuries were "the direct result of the illness, and not the treatment provided to patients" in the study.

The 1789 law, also known as the Alien Tort Statute, has previously been narrowly interpreted. In upholding the lawsuit, the majority cited to the Nuremberg Code, which states that "voluntary consent of the human subject is absolutely essential" in medical experiments. The dissent, however, believed the agreements cited by the majority did not establish a private right of action against non-state actors.

If the allegations in this lawsuit are true, this behavior by a drug manufacturer is reprehensible. One wonders, if true, why Pfizer chose presumably poor African children for such "treatment". Was it because it expected no negative repercussions because these children, and their families, were too poor to protest? I hope not, but I certainly question these activities.

Originally posted at InjuryBoard by Greg Webb

NFL Players’ Brains Show Long-Term Damage from Concussions in Study

Greg Webb — Wed, 28 Jan 2009 14:11:32 GMT

Concussions damage the brain more than previously thought, and can lead to a lifetime of headaches and depression. The Center for the Study of Traumatic Encephalopathy (CSTE) has used tissue from retired NFL athletes’ brains, culled posthumously, to research the effects of concussions. Prior to their research, the most information known about the injury was that it is a jarring blow to the head that temporarily stunned the senses, occasionally leading to unconsciousness. It has been an invisible injury, sometimes impossible to test by MRIs or CAT scans.

The CSTE found that the brain damage caused by concussions, called chronic traumatic encephalopathy (CTE), was extensive in five out of five brains of former NFL players it has studied. "It’s throughout the brain, not just on the superficial aspects of the brain, but deep inside," said Dr. Ann McKee, a neuropathologist at the Veterans Administration Hospital in Massachusetts and co-director of the CSTE. The CSTE is set to release results of a study of a sixth NFL player Tuesday afternoon.

Studies reveal brown tangles flecked throughout the brain tissue of former NFL players who died young, some in their 30s and 40s. The tangles closely resemble what might be found in the brain of an 80-year-old with dementia, said Dr. McKee. The damage affects the parts of the brain that control emotion, rage, hyper sexuality, and even breathing, and recent studies are showing that CTE is a progressive disease that eventually kills brain cells.

Chris Nowinski, a Harvard football player and a professional wrestler with World Wrestling Entertainment, founded the Sports Legacy Institute with Dr. Robert Cantu after a concussion ended his career. "I had depression. I had memory problems. My head hurt for five years," he said. Doctors weren’t giving him answers, so he founded the Institute which solicits the brains of ex-athletes who suffered multiple concussions for study by the CSTE.

The CSTE, and other researchers, have identified CTE in the brains of NFL football players John Grimsley, Mike Webster, Andre Waters, Justin Strzelczyk and Terry Long. Three of these athletes died after suffering from depression, and one committed suicide.

Ted Johnson, a retired NFL linebacker with three Super Bowl rings earned with the New England Patriots, suffered over 100 concussions throughout his career. He believes those concussions caused his problems with anger, depression, and throbbing headaches, and criticizes the NFL for not better protecting players.

The NFL indicated in a statement that its staff takes a cautious approach to managing concussions, and that "hundreds of thousands of people" have played sports without experiencing problems. It also stated that there "continues to be considerable debate within the medical community on the precise long-term effects of concussions and how they relate to other risk factors." The NFL plans on performing its own medical study of retired NFL players on the long-term effects of concussions.

The information gleaned so far by the CSTE confirms what I and my law partners have seen numerous times with clients who have suffered traumatic brain injuries in automobile accidents and crashes, and other types of accidents. We often represent people who have suffered traumatic brain injuries, frequenatly diagnosed as a "concussion" or "post concussive syndrome", who have often suffered from long and continuous symptoms and problems, including memory loss, confusion, headaches, and personality changes such as being more easily irritated or angered, to name a few. Many times, these latter symptoms will be attributed to other, unrelated, "emotional" problems by treating health care providers - and the defense lawyers. Most of the time, our client will appear normal, and can carry on a social conversation with little or no problem, so it is sometimes difficult for an outsider to see a real problem. That is why these injuries are often called "invisible" - - except to the person to whom it has occurred, or to those close enough to observe the person daily. I hope these studies, and others to come, will help those who labor daily with brain injuries, including NFL players who truly put their lives on the line and risk permanent injury every time they step onto the field.

Originally posted at InjuryBoard by Greg Webb