Personal Injury & Wrongful Death

According to an article that appeared in the U. S. News and World Report on September 10, 2007, the number of serious “adverse” drug events more than doubled between 1998 and 2005 in the United States as did a number of related deaths. Adverse event reports are filed when a doctor or hospital realizes that a patient has suffered a serious drug event that has resulted in death, hospitalization and/or other life threatening complications which requires medical intervention to prevent harm. Between 1998 and 2005, the number of reported serious adverse drug events increased from 34,966 in 1998 to 89,842 in 2005. During the same period, the number of deaths related to drug usage increased threefold from 5,519 in 1998 to 15,107 in 2005.
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Our lawyers frequently review cases in which cars sustain side impacts which result in serious injury and death. Beginning in the 2013 model-year all new passenger vehicles will be required to provide head protection for side crashes. New regulations, announced by the National Highway Traffic Safety Administration, are designed to reduce deaths and injuries of motorists who are struck by another car or truck along the vehicle’s side prevent more than 400 serious injuries annually through the installation of side air bags that protect the torso and side curtain air bags that guard the head. Side-impact crashes killed 9,200 people in 2005, the most recent figures available, or about 29 percent of motorists killed in passenger vehicle crashes. A study reported last year by the Insurance Institute for Highway Safety found that driver deaths were reduced by 52 percent in sport utility vehicles equipped with head-protecting side air bags, while the same air bags reduced driver deaths by 37 percent in passenger cars. (more…)

The US Food and Drug Administration (FDA) adverse event and reporting program has issued a warning that medications containing codeine given to breast-feeding mothers who rapidly metabolize codeine into morphine may cause adverse effects in their infants.

Codeine is generally considered safe for use in nursing mothers; however, last year, a healthy 13-day- old breast-fed infant died from very high levels of morphine received through breast milk. The mother was taking codeine at a dose lower than that usually prescribed for post delivery pain. However, testing revealed that the mother was an ultrarapid metabolizer of codeine.
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While reviewing cases involving falls in skilled nursing facilities our lawyers have determined that there are several causes of falls that we see frequently. The first involves patient’s characteristics. Dementia associated with “sundowner” syndrome or nighttime confusion is a common occurrence. In this situation, the patient may awake in the middle of the night not knowing where he or she is, experience a drop in blood pressure from arising too quickly, and have a momentary dizzy spell. This almost invariably leads to a fall.
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Our lawyers are frequently asked to review cases involving patient falls in skilled nursing home facilities. Due to the physical and mental conditions of many infirm and elderly patients, it is impossible to prevent all falls. However, in many instances falls can be prevented or greatly reduced by the implementation of proper procedures.

Patients who are long term residents in skilled nursing homes are by definition in a compromised state of health, usually from multiple chronic medical problems. These patients are often weak, are subject to lightheaded spells, become confused and have significant deficiencies of mobility and balance. Falling, sometimes frequent falling is thus a common occurrence for these patients.
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Mattel issued another major recall today involving Chinese-made toys which contain excessive amounts of lead. These include locomotive toys and accessories for the Barbie brand dolls.

The Consumer Product Safety Commission reported that Mattel is recalling almost 800,000 toys. Mattel reported that it discovered the use of lead-based paint as part of an ongoing investigation of toys it imports from China. The Company is recalling 675,000 Barbie accessories, 8,900 Big World 6 in-1 Bongo brand toys and about 90,000 Geo Trax locomotive toys. These products were sold from September 2006 until last month.
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Our lawyers have successfully litigated many cases involving defective household products which have caused fires and serious personal injury or death. Recently, the U.S. Consumer Product Safety Commission, in cooperation with GE Consumer & Industrial has announced a voluntary recall of 2.5 million GE Dishwashers. The recall advises consumers to stop using recalled products immediately unless otherwise instructed.

A defect in the dishwashers has the potential to allow liquid rinse-aid to leak from the dispenser onto the dishwasher’s internal wiring which can cause an electrical short and overheating, posing a fire hazard to consumers.
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There are two major organizations which crash test automobiles and report the results to the public. One is the National Highway Traffic Safety Administration, (NHTSA), an agency of the United States government. The other is the Insurance Institute for Highway Safety, (IIHS), a non-profit organization funded by auto insurers.

Both work to reduce the number of motor vehicle crashes, and the rate of injuries and amount of property damage in the crashes that still occur. They each conduct basic research and produce ratings for each model of vehicle.
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The Associated Press has reported that an 86-year-old Providence Rhode Island man died three weeks after a neurosurgeon operated on the wrong side of his head. The patient, whose name wasn’t released, died Saturday, and the state medical examiner was determining the cause of death.The man underwent emergency surgery at Rhode Island Hospital on July 30 to treat bleeding in his brain A nurse practitioner for Dr. Frederick Harrington didn’t record which side of the man’s brain required surgery. When another nurse pointed out the missing information, Harrington allegedly relied on his memory without consulting a CT chart and began operating on the wrong side. Upon realizing the error during the surgery, the surgeon operated on the correct side.
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Last week, the Insurance Institute for Highway Safety released test results for side impact ratings of large cars. Three of six large car models tested earned the top rating of good, but one was rated marginal in the side impact crash tests. The Institute ratings of good, acceptable, marginal, or poor are based on a crash test in which a barrier designed to replicate the front end of a typical SUV or pickup truck strikes the tested vehicle in the side at 31 mph.
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