Posts Tagged ‘Add new tag’

Gas Tank Explosions Trigger Lawsuits

Friday, June 12th, 2009

 
Gas tanks have had a track record of redesign and altered placement location since the mid 1900’s. This is because of the high number of car and truck accidents or faulty fuel lines that have resulted in gas tank explosion over time. In 2003, Clarence Diltlow, Executive Director the Center for Auto Safety, submitted testimony to the New York State Senate Committee to bring additional attention to the unnecessary risk of severe burn and burn related death from gas tank explosion. The following points were driven home.

·   The engineering required to enable survival from an 80 mph rear impact accident is more difficult than the engineering required to prevent a fire in an 80 mph rear impact accident. Yet some car and truck manufacturers omitted engineering that would otherwise prevent gas tank explosions and death.

·   Many high speed crashes would have been survivable if the gas tank did not explode.

·   Ford’s 1992‑97 Crown Victoria has a fatal burn related crash rate of close to 5 times greater than comparable 1985‑96 Chevrolet Impalas and Caprices.

Ford Pintos of the 1970’s have also been linked to gas tank explosion. Explosions that become unavoidable are often related to the location of the gas tank. Gas tanks that are mounted between the rear axle and bumper create a grave risk. General Motors settled nearly 300 legal cases involving pick up truck passenger burns and burn related deaths because of design defect. The settlements totaled over $495 million dollars. Since 2003, the number of complaints of injury or death from gas tank explosions has continued to grow. People who have suffered because of a gas tank explosion incident should contact a personal injury attorney to learn more about legal rights for a lawsuit against the car manufacturer.

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Depakote Warning: Children Have Lower IQ’s

Wednesday, May 13th, 2009

Study results published in the New England Journal of Medicine have demonstrated that depakote, aka Valproate, used during pregnancy may result in the child having a lower IQ. Depakote has also been associated with a high rate of fetal death and birth defects such as spina bifida in children of mothers who used Depakote. The study was performed by Dr. Kimford Meador of Emory University and a team of researchers.

Depakote is used to treat epileptic seizures, mood disorders and migraine headaches. The study followed pregnant women in the U.S. and England that had taken anti-seizure medications between 1999 and 2004.The study compared the IQ scores of children by 3 years of age whose mothers had taken one of four types of anti-seizure medications, including: depakote, lamotrigine (also known as lemectal), phenytoin, and carbamazepine. The study results showed that Depakote children ranked six to nine points lower on the IQ scale when compared to children whose mothers took other anti-seizure medications. The average IQ for a “Depokote child” was 92. The IQ ranges of the other children were between 98 and 101. The average rating for a child’s intelligence is 100. The study results also demonstrated that the higher the dosage that the “Depakote mother” received, the lower the IQ the child had. Dosage levels were irrelevant in the other anti-seizure medications.

In 2007, Meader study results presented at the American Academy of Neurology showed a marked risk for retardation in children whose mothers had taken Depakote. This rate of risk was twice as great as the risk associated with other anti-seizure medications. Twenty four percent of the children who mother took depakote and participated in Meador’s study had an IQ level that is associated with retardation.

According to the Alliance for Human Resource Protection, approximately 25,000 U.S. children are born to women who have epilepsy annually. It is important to note that just because the other anti-seizure medications are not associated with an elevated risk for lower IQ’ed children, does not mean that there are not other types of risks for injury. For example, there have been reports that lemectal is associated with Steven’s Johnson Syndrome, a life threatening and severely debilitating condition.

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Moisture Plus Consequences: Corneal Infection Increases Risks

Tuesday, April 28th, 2009

The number of contact lens users with corneal infections has grown due to risks of injury from select contact lens solutions such as Moisture Plus, manufactured by Advanced Medical Optics. Diagnosis of corneal infection may be particularly problematic because the type of Keratitis associated with contact lens solution is often mistaken for a different type of eye infection or Keratisis. The type of Keratisis that many people using contact lens solution have is Acanthamoeba Keratitis. Eye doctors may not be familiar with this eye condition because it is rare. There have been reports that people suffering from Acanthamoeba Keratitis have been misdiagnosed. This delay in treatment adds to the risk for blindness from Acanthamoeba Keratitis.

Ophthalmologists that are corneal specialists are more likely to be familiar with Acanthamoeba Keratitis than optometrists and general eye doctors. Different classes of Keratitis are caused by bacteria, virus or fungus. Acanthamoeba Keratitis may be contracted though tap water or the use of contact lenses in the shower, bathtub or pool. The risk of Acanthamoeba Keratitis from using contact lens solution is two to one million, according to All about Vision. The risk from MoisturePlus has been seven times that number.

If you are experiencing symptoms from your contact solution, seek out the advice of an ophthalmologist and tell them about your concern over Acanthamoeba Keratitis There are a select number of product liability attorneys that are familiar with Acanthamoeba Keratitis injuries. They can provide information about the legal rights of victims from MoisturePlus injuries.

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Zimmer Hip Implant Recipients Be On Alert

Thursday, March 26th, 2009

Since 2006, 12,000 plus people received the Durom Cup hip implant by Zimmer. At the onset, the Durom Cup appeared to provide relief for those struggling with damage to the hip bone and cartilage. In fact, hip replacement surgery is the final treatment plan when all other methods fail. Yet, the treatment plan with the Durom Cup hasn’t ended for many due to the disabilities that have resulted from its use. The Durom Cup was recalled after multiple violations cited by the FDA. In addition, there are several other makers that have faced with recalls due to excessive pain and suffering for people that have underwent hip replacement surgery. In fact the lack of consumer awareness is another cause for concern. As Jackie Quinton, Attorney at Law of The Garrett Law Office in Oklahoma City and surrounding areas explains, “People with the recalled Zimmer Hip Implant often initially believe that the persistent pain and/or dislocation they are experiencing is a natural component of surgery and not attributed to a defective product. In fact, they may go to the emergency room and have subsequent surgeries without knowing the root cause of their disability. Some doctors may not be aware of the defect as well.” The affected hip implants date back to 1998. Over 150,000 hip replacement surgeries are performed each year, according to FDA Talk.

Hip replacement surgery may be performed through a variety of techniques. The techniques for total hip replacement involves the use of artificial implant designed to help mimic the function of the hip joint.

Zimmer Hip Implant Issues
Though initial patient reports of the Durom Cup held promise, the failure rate appeared high in the years following surgery. Patient complaints have included: 1) loose implant 2) inability of the cup to bond with the bone 3) implant migration from initial positioning 4) immobility 5) severe pain. The contentions surrounding the hip implants are, as follows:

• Some personal injury attorneys contend that Durom Cup implants should never have been on the market because the company never proved that their product was superior to others. Also, it is suspected that there is a failure in the design of the implant cup.
• Others contend that the doctors were not adequately trained in Durom Cup placement by the maker.
• The process of bonding implants to bone is highly skill dependent. For example, dentists have been using the process of osteointegration (bonding bone to artificial material) for over ten years. Osteointegration is critical for the success of a dental implant. Yet, the skills used in the bonding technique have required many years of time. Osteointegration techniques are used in other medical applications such as head and neck.
• The FDA cited multiple reasons why the Durom Cup implant was a cause for concern, including: 1) failure to deliver adequate quality control information about the product 2) failure to implement preventative and corrective procedures, 3) failure to deliver complaint handling and trend reporting for side effect cases in a timely fashion.

Though the company did suspend sales and ultimately reported the high failure rate, the problems associated with the implant may produce debilitating pain and the need for revision surgery. In fact, surgeons performing revision surgery may require additional expertise to remove and replace the implant. Revision surgeries also have their own set of risks.
Lawsuits involving hip implants have been filed in behalf of victims suffering from hip replacement. There are a select number of personal injury attorneys that handle hip implant lawsuits.

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Body Tissue Linked to HIV, Syphilis and Hepatitis B & C

Tuesday, March 17th, 2009

The tissue transplant industry is under legal fire. Dating back to at least five years ago, bone skin and ligament from cadavers used in transplantation has been an area of concern for the public at large. It has been estimated that hundreds of body parts used for surgeries like knee surgery, back fusion and neurosurgery may not be sterile and inadequately processed. Companies such as Allosource, Biomedical Tissue Services, and Medtronic are under scrutiny for their suspected role in the ill-prepared and un-screened tissue. As R. Helm, Attorney at Law, of Anchorage Alaska explains, “The greatest concern is that no one knows if the people receiving the cadavers have been exposed to medical conditions nor do we know what occurs in the body should the cadaver dissolve.”

Tissue Transplant Watchdogs
Tissue is procured and sent on to manufacturers such as LifeCell Corporation, Blood and Tissue Center of Central Texas, and Regeneration Technologies. However, tissue banks are not required to obtain membership in organizations such as the American Association of Tissue Banks (AATB) which serve to guard against the infiltration of defective tissue to the public. The AATB has set standards for operation and an accreditation process which includes inspections of facilities that procure and process human tissue from cadavers. The inspectors’ analysis includes record-keeping, quality control, quality assurance, donor screening, testing and suitability determinations. The process of tissue procurement is comprised of donor and tissue suitability determination, tissue retrieval, decontamination techniques, quality control, product testing, and clinical application of allografts. The FDA has issued recalls over the years and some companies have come forward to issue their own recalls over the years. Yet, the check and balance system is not refined, placing hundreds of people requiring tissue transplantation at risk.

The tissue transplant scare could have been sparked by the New Jersey case involving stolen body parts that were sent to Medtronic for processing. Or perhaps, the funeral director in North Carolina that conducted tissue recovery in the embalming room of the funeral home has been more provoking. Assuredly, the tissue transplantation industry is under scrutiny now. Select personal injury attorneys are accepting cases involving people that have been injured by questionable tissue transplantation.

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