Articles Tagged with Personal Injury

At least19 people have died, and hundreds became ill after being given heparin, a blood-thinning drug sold by drug manufacturer Baxter International. Baxter obtained the drug’s active ingredient from a Chinese manufacturer.

A belated inspection of the Chinese plant found substandard conditions. Recent lab tests revealed an unknown contaminant in batches of the drug, but researchers have not identified what precisely caused the allergic reactions which caused the deaths.

The Food and Drug Administration is required to inspect plants such as the one in China which supplied the heparin ingredient. However, under the Bush Administration, it has failed to follow this mandate.

Many surgery patients report that they awake during surgery. They say it feels like being trapped in a corpse, unable to move or scream. Some remember hearing their surgeons talk, and a few recall feeling intense pain.

Each year, as many as 40,000 of the 21 million patients undergoing surgery in the United States may experience inadequate anesthesia, leading to anxiety and even post-traumatic stress disorder if patients regain consciousness, according to the Joint Commission on Accreditation of Healthcare Organizations.

A widely used device that employs brainwaves to help doctors prevent patients from waking up during surgery is no more effective than an older, far less costly technique, researchers said on Wednesday. A study of nearly 2,000 patients reported in The New England Journal of Medicine showed the BIS device, made by Aspect Medical Systems Inc., did not help doctors prevent any more patients from waking up while under inhaled anesthesia.

It seems that everyday our personal injury lawyers open the paper, we read about another wrongful death in the context of a high speed police chase. One such case occurred this past weekend in Augusta, Georgia when a Sheriff’s Deputy was chasing a 19-year old suspect. Initially the officer involved pulled the suspect over and was provided his ID and driver’s license. Thus, the officer knew who the suspect was and where he lived. While the officer went back to his car to check on his tags, the suspect took off. A chase commenced but during the chase the officer was advised by his supervisor to terminate the chase because of the danger to the public. The supervisor advised this officer not once, but twice to terminate the chase but he did not do so. The predictable result ensued, that being that while the suspect was fleeing at 80 to 85 miles per hour he ran through an intersection and broadsided another car with the result that an innocent third party was killed. Once again, a high speed police chase occurred involving a non-violent felony and an innocent person paid the price for this reckless disregard of proper police procedure with their life.

Finch McCranie, LLP recently filed a wrongful death lawsuit in Augusta within the last few weeks alleging another wrongful death in another high speed pursuit. In that case, the police were chasing a suspected shoplifter. Again, the danger presented by the offense that was the basis of the pursuit was far outweighed by the danger presented to the public by the chase itself. In that case, 3 people were killed including an unborn child. In the most recent case which occurred this past Saturday, what is most disturbing is that the officer continued to chase the known suspect after being advised that he should terminate his pursuit. Allegedly, the officer claims that the did not hear the directive given to him over his radio. While this seems questionable, it is clear that if the officer’s supervisor thought the pursuit should have been terminated the officer himself should have realized this well before the fatal collision.

What is most disturbing about these cases in Augusta is that they are representative of cases occurring throughout Georgia and elsewhere. Indeed, we had just posted an article to this Blog about the death of a 21 year old Sgt. at Fort Benning, Georgia where the police were chasing a juvenile for joyriding in a stolen pickup truck when this most recent death in Augusta occurred. Indeed, as of the writing of this entry to our blog, our lawyers have filed 6 different lawsuits involving 8 deaths all arising in the context of high speed pursuits.

In February of this year, an active member of the military at Fort Benning, Sgt. Joanna Joy Ringer, age 21, was reportedly killed as yet another innocent victim in a police chase case. This time, the, innocent victim, Ms. Ringer, was killed because the police were chasing a 17 year old teenager for joyriding in a stolen pickup truck. Ms. Ringer, like all such victims, was simply at the wrong place, at the wrong time when the fleeing suspect ran head on into her car.

How many innocent people have to die before the police will understand that the dangers caused by a police chase are far greater than the dangers caused by a joyriding teenager? Why is it so important to law enforcement to recover a stolen pickup truck when the death penalty to the innocent is the likely result of using a high speed pursuits to do so? These questions remain after the death of Sgt. Ringer, and many more, about whether such pursuits should ever be authorized when a non-violent felony is involved.

The police take the position, of course, that their job is to enforce the law and that it is important that they catch those who break the law. We agree. On the other hand, a 17 year old teenager who is joyriding is not necessarily a grave risk of causing deadly harm to the public. And yet we know from statistics that one person in this country dies everyday during police chases. Police chases are very dangerous to the innocent members of the public. We submit that it is not justifiable for the police to use to what amounts to deadly force in pursuing suspects for non-violent offenses when it is clear that the dangers to the public caused by the chase itself outweighs the dangers presented by the suspect being pursued.

Our personal injury lawyers read today about a serious accident case involving an overturned school bus which apparently lost control and overturned about 40 miles north of Atlanta near Canton, Georgia. It was traveling from one high school to a middle school when the accident happened. When the bus overturned, even though no students were ejected from the bus, according to initial reports, approximately 25 students were injured. Two were reported to be in critical condition.

Initial news accounts state that the bus driver apparently lost control of the bus after going around a curve. The bus overturned on its side. It is doubtful that this school bus was equipped with seatbelts. Had the seatbelts been in place, one must wonder whether the two students in critical condition would have been as seriously injured as they apparently were.

Approximately one year ago, another bus ran over the top of an exit ramp crashing off of a bridge onto its side on Interstate Highway 75. This involved the Bluffton University baseball team. There were seven (7) deaths associated with that incident. In that accident, there were no seatbelts available for the baseball team occupants and some of those killed had been ejected. In the most recent case involving the school bus, many were injured and some perhaps critically once again because of joint and concurring driver negligence and the lack of seatbelts.

In 2006, a disabled and brain damaged man, near death, was taken into an operating room at a California hospital in order to harvest his organs for donation. Law enforcement officials contend that what occurred in the operating room was a criminal act. The surgeon, Dr. Hootan Roozrokh has been criminally charged with prescribing excessive and improper doses of drugs, apparently in an attempt to hasten Mr. Navarro’s death to retrieve his organs sooner. The doctor is facing three felony counts relating to his actions

Central to the case is whether Dr. Roozrokh was pursuing organs at any cost or had become entangled in a web of misunderstanding about a lesser-used harvesting technique known as donation after cardiac death. Dr. Roozrokh has pleaded not guilty.

Transplanting organs from patients whose hearts have stopped, or cardiac-death donations, began to go out of vogue in the late 1960s and early ’70s after medical advances like life support and subsequent changes in the legal definition of death made donations from those declared brain dead more efficient. But health officials have encouraged cardiac-death donations in recent years.

Last Wednesday the Supreme Court of the United States made it harder for injury and wrongful death victims to sue manufacturers of federally approved medical devices. This decision will also impact cases involving dangerous drugs. The issue before the Supreme Court was whether the Estate of Charles Riegel could sue a company under state law over a medical device which had previously been cleared for sale by federal regulators. Under federal law, a company must prove the safety and effectiveness of a medical device before the United States Food and Drug Administration will approve it for the marketplace. In an 8 to 1 decision, the Court ruled against the Estate of the injured patient who suffered serious injuries when a catheter burst during a medical procedure. As a result of this Supreme Court decision, state lawsuits are barred to the extent that they might impose requirements that are different from federal requirements. In other words Federal law will prempt state law where the two are in conflict or different. Not surprisingly, the Bush Administration sided with the medical device industry, saying unfavorable state jury verdicts would force companies to alter product designs or product labels that had already gotten FDA approval. This case is bad news for people injured by defective medical devices. The fallout from last week’s Supreme Court decision in this case will no doubt be felt throughout the country. Attorneys with cases pending against device makers such as Medtronic, Stryker and Johnson & Johnson expect these companies to file Motions to Dismiss the lawsuits which are currently pending. Lawyers also are concerned that this ruling may prompt judges to dismiss product-injury lawsuits before injured plaintiffs can gain access to data that might prove that the companies used false or misleading data to get government approval to market the devices.

Atlanta TV stations are reporting that this afternoon, a car veered into a bus stop during a police chase and struck four pedestrians. The incident was near Metropolitan Parkway and University Drive.
According to reports, the Atlanta Police were chasing three juveniles in a stolen vehicle when the car ran into the bus stop. One juvenile was apprehended at the scene while two others escaped.
Four of the people involved were injured, one critically. This is another instance of innocent civilians harmed and/or killed by police chases for non-violent offenses. The victims could have easily been your family members.

In January of this year, the FDA issued a proposed rule which directly contradicts Congress’ expressed intent when it passed the Food and Drug Administration Amendment’s Act of 2007 (FDAAA). Unlike the FDA’s proposed rule, Congress intended the duty to warn customers of a drug’s hazards rests with the drug company, who is in the best position to warn about problems associated with the drug. However, under the FDA rule, drug companies will enjoy more relaxed labeling requirements and will use the rule to claim immunity for failing to warn patients of potential drug hazards. The FDAAA requires a drug company to update its label to include drug hazard warnings as soon as there is reasonable evidence of that risk. This law allows consumers to be aware of a drug’s potential risks at the earliest possible moment and prevents injuries and deaths such as those associated with Avandia and Vioxx. However, under the new FDA rule, drug companies will only have to revise their warning label where they establish “sufficient evidence of a causal association” which could take years. This is a significantly higher standard that drug companies would have to meet before informing consumers of a potential hazard. It is imperative that Congress hold oversight hearings to curb this agency’s abuse of power because the FDA has ignored expressed Congressional intent and this proposed rule will not serve to make drugs safer. Instead the proposed rule will make it more difficult for consumers injured by prescription drugs to hold negligent drug companies accountable.

Two studies have concluded that heart surgery patients are more likely to die if given the anti-bleeding drug Trasylol. The drug has been widely used for the last 14 years to treat hundreds of thousands of heart bypass patients each year. Drug manufacturer Bayer AG ceased sales of the last fall, after a Canadian study was halted because of deaths among patients taking Trasylol.

The new studies are being published this week in the New England Journal of Medicine. Bayer funded one of the two new studies, and had the preliminary results before a September 2006 federal hearing on the drug’s safety. It did not present the results at the hearing.

The company issued a statement this week saying both the new studies are flawed.