Articles Tagged with Personal Injury

The saddest personal injury cases we see in our serious injury law practice often times involves those who have suffered traumatic brain injury resulting from an automobile, tractor-trailer collision or some other traumatic event, with these tragedies being seriously compounded by the unavailability of insurance. While there has been some media attention on the number of uninsured individuals in this country who have no available health insurance coverage, the impact of this problem is not really seen or appreciated until one is confronted with overwhelming medical needs and there is a complete lack of medical coverage available to meet those needs.

One case we are currently handling involves a Hispanic gentleman who suffered permanent and irreparable brain damage. He was taken by life flight to the hospital where he was stabilized. Once he was stabilized, however, the hospital that had been treating him free of charge (because he had no health insurance) discharged him. After discharge, he no longer has the ability to seek appropriate medical treatment because he has no health insurance coverage and being from another country does not qualify for Medicaid or Medicare. His medical needs are overwhelming and yet he has no access to medical care in the richest country in the world.

This individual’s problem is no different in many ways from American citizens who are the victims of traumatic brain injury and do not have health insurance coverage. Oftentimes, the individuals involved may or may not qualify for Medicaid or other assistance. It takes years to qualify for Social Security disability benefits. In the meantime, after the traumatic brain injury has incurred and the patient is stabilized, the necessary ancillary services to a recovery, such as rehabilitation services, vocational and physical therapy and others are typically completely unavailable to the uninsured because they are not affordable and there is no way to get such treatment.

Federal regulators are sounding a warning about dangers associated with the use of insulin pumps by children and teenagers. Insulin pumps are used by tens of thousands of young people worldwide with Type 1 diabetes.

The Food and Drug Administration is warning parents to be vigilant in watching their children’s use of the pumps. They are not advising against using the pumps, but suggested further study to address safety concerns in teens and even younger children who use the popular pumps.

Researchers found that in the last ten years there have been 13 deaths and more than 1,500 injuries connected with the pumps. Some of these were the result malfunctioning pumps, but at other times, teenagers were careless or took risks..

MRSA is a staph becteria which has been in the news in recent years as serious problems have been reported in hospitals and other health care facilities. Staph bacteria, even those that aren’t resistant to antibiotics, have long caused serious infections.

In the 1960s, the first reports surfaced of staph infections that had stopped responding to the antibiotic methicillin. Over the decades, those strains have spread, and the germs have developed resistance to other drugs, largely in hospitals where they infect patients weakened by disease or made vulnerable through surgical wounds and catheters.

MRSA still poses the greatest threat in hospitals, where strains are usually genetically different and, because of antibiotic use, more difficult to kill than those circulating out in the community. About 85 percent of life-threatening, invasive MRSA infections involve people who have been hospitalized, lived in a nursing home or been treated in some other health care facility.

Victims of the wrongful death of their loved ones testified this week before Congress concerning adulterated supplies of Heparin. One of the largest suppliers of this drug, which is used in kidney dialysis and various other surgeries to prevent dangerous blood clots, is Baxter International, Inc. Not only did the victims of families who have been damaged by this product testify before Congress, representatives from Baxter were also subpoenaed by the Energy and Commerce Committee which is reviewing the Food and Drug Administration’s response to this scandal.

While the evidence is still unclear, it appears that the Heparin product manufactured by Baxter International, Inc. was derived from factories in China that had not been properly audited and inspected. There is also evidence that a particular sulfate product used in the manufacture of Heparin was deliberately substituted because it was less expensive to use than a safer sulfate ingredient. Regardless of the final results of Congress’ investigation, it was clear from victim testimony that the lack of oversight by Baxter relative to the activities of its foreign operations has lead to a tremendous amount of suffering for the victims’ families.

To date, 81 people have died from using contaminated Heparin. One gentleman who testified before Congress not only lost his wife but also his son who were undergoing kidney dialysis in Ohio. This man’s wife and son died within one month of each other. Thus, the wrongful deaths caused by this dangerous product clearly are deserving of congressional scrutiny so that other unwitting victims of products imported from abroad will be spared similar fates.

The Association of American Medical Colleges has proposed that drug and medical device companies should be banned from offering free food, gifts, travel and ghost-writing services to doctors, staff members and students in nation’s medical colleges. The Association has begun to write a model policy governing relationships between the schools and industry. While medical schools can ignore the association’s advice, most follow its recommendations.

The rules would apply only to medical schools, but they could have enormous influence across medicine, according to medical educators.

Drug companies spend billions of dollars each year trying to influence doctors. Medical schools, with prominent professors and new trainees are attractive marketing targets.

Medical Malpractice takes many forms. In this article, we write about a unusual but dangerous medical error that can cause lifetime consequences for an innocent patient.

Though most everyone knows that sharing needles is unsafe in today’s world, sharing or reusing syringes can be equally dangerous. During any health related injection, a tiny amount of blood is often inadvertently drawn back into a syringe. Most of the time, that does not make a difference because it is common practice to use a new syringe and a new needle for subsequent injections. But in some cases, those involved may change the needle but not the syringe. They then use that syringe to draw more medicine from a vial. By doing so, the small amount of blood that may have been in the dirty syringe inadvertently flows back into the vial contaminating the entire vial.

We read recently in an article in USA Today about a lady by the name of Evelyn McKnight who has founded a patient advocacy group entitled HONOReform. Ms. McKnight apparently was infected with Hepatitis C which has caused her to be chronically fatigued and has compromised the quality of her life significantly. Apparently, she was infected with this disease when someone reused a syringe even though a clean needle was used during a chemotherapy treatment for her cancer. Quite literally, she went to a doctor to be healed but then came away with a life threatening illness. To keep that from happening elsewhere, she has founded the patient advocacy group HONOReform, that uses education and advocacy to try to stop the kind of medical errors by which blood borne diseases can be transmitted. Unfortunately for Ms. McKnight and others who have been given Hepatitis C from unclean syringes, there is no universal cure for the disease. 20% immediately develop acute infections and symptoms ranging from jaundice to fatigue, however, 75 to 85 percent may develop a chronic infection but may not exhibit symptoms for many years. Some may die of liver disease.

Our personal injury practice reflects pretty much what we see in national statistics concerning the rising rate of motorcycle injuries and accidents. We are seeing more and more clients seriously injured in motorcycle accidents. In large part, this is primarily due to increased numbers of motorcycle riders. Motorcycle registrations have more than doubled since 1997. In 2006, almost 6.5 million motorcycles were registered in this country. The good news is that the number of deaths and injuries resulting from these 6.5 million motorcycles is no greater than the number of deaths when 5 million registrations existed in 1986. The bad news is that even though motorcycles make up 2% of the vehicles on the road, they also make up close to 10% of vehicular accidents.
If you ride a motorcycle in this country, you are 37 times more likely to die in a crash than someone in a passenger car. Even though the number of motorcycle registrations have gone up dramatically, which would explain why motorcycle deaths have more than doubled in the past 10 years, motorcycle accidents kill more Americans each year than all those caused by much higher profile plane crashes, ship disasters, and railway accidents combined.
With increasing gas prices, we are likely to see a continuing rise in motorcycle usage. While many states require that motorcyclists wear helmets, in some cases, a helmet would make no difference. Nonetheless, the National Highway Traffic Safety Administration estimated that between 1984 and 2000, 19,000 motorcyclists were saved by their helmets. These statistics are, of course, hard to quantify on a case by case basis but given the lack of protection that a motorcyclist has when involved in an accident, it seems a safe bet that helmets do matter. What matters even more, however, is motorcycle safety and rider education. Widespread motorist awareness campaigns educate the general motoring public to be aware of motorcycles. Increasing public awareness campaigns will be needed as more and more people register motorcycles in view of rising gas costs. Regrettably, our personal injury lawyers will probably continue to see a rise in the number of those that walk through our firm’s doors who have been seriously injured and/or who have had family members die as a result of their motorcycle usage. In short, the more people that ride, the more accidents that will occur and the more tragedies that will be suffered. As always, the operative watch words for motorcycle riders remains the same: Safety, Safety and Safety.

Portable defibrillators are becoming common equipment at youth athletic event. We have written in the past explaining how theses devices, also known as AEDs, help restart the heart in the event of an accident.

A recent news report relates that last month in Jacksonville, Fla. A high school lacrosse goalie was hit in the chest by a lacrosse ball causing his heart to stop beating. And, it happened again just last week at another lacrosse game in Raleigh, N.C.

Researchers say that over the last 10 years, on average, one young athlete a month has been dying because of blows to the chest which affect the heart..

Lasik vision correction surgery has been performed in the United States for almost ten years. It has become a massive business with specialized centers opening in most markets and advertising freedom from glasses. However, not everyone’s a good candidate and some suffer life-changing side effects — lost vision, dry eye, night-vision problems.

Today, the Food and Drug Administration is beginning a major new effort to see if warnings about the risks are strong enough. The FDA estimates that approximately 5 percent of patients are dissatisfied, but be more specific due to the lack of data. The FDA is now working with eye surgeons in a major study expected to enroll hundreds of Lasik patients to try to better understand who has bad outcomes and exactly what their complaints are.

About 7.6 million Americans have undergone some form of laser vision correction, including the Lasik procedure. In performing the Lasik procedure, doctors cut a flap in the cornea — the clear covering of the eye— aim a laser underneath it and zap to reshape the cornea for sharper sight.

Wal-Mart announced this week that it will soon stop selling baby bottles made with the chemical bisphenol A (BPA). The retailer said that it was immediately stopping sales of baby bottles, sippy cups, pacifiers, food containers and water bottles made with BPA in its Canadian stores. There has been speculation that Canada’s health department would soon declare the chemical unsafe.

On Monday the U.S. National Toxicology Program released a draft report that expressed concern that BPA, which is used to make plastic, could cause behavioral changes in infants and children and trigger the early onset of puberty in females.

Wal-Mart has sold BPA-free baby bottles for several years alongside bottles with the chemical. But yesterday was the first time the retailer indicated it would convert its entire U.S. stock.