Injuryboard Commentary - Safety

Deadly Accident Appears To Have Been Preventable

Bret Hanna — Mon, 07 Dec 2009 21:12:32 GMT

E. Dale LeBaron, 75, a retired Brigham Young University professor, was killed last week after he, his wife and a friend were struck by a car on an Orem street. The 21-year-old driver of the vehicle that struck the trio said that he did not see them because the sun was reflecting off of frost on his windshield as he made a turn. City prosecutors have the case under review for possible charges against the driver.

This accident is certainly a tragedy for all involved, but it appears that it could have been prevented. The winter driving season is upon us and as I've written in the past, drivers must be prepared. One aspect of such preparedness is to make sure that you have a clear field of vision at all times while driving. Frost and snow pile up on cars when they sit outside and it is very easy to simply clear a small area to see through and be on your way. It may be easy, but it is also very dangerous. All drivers must take the time to fully clear and defrost all windows before heading down the road. And the sun can easily blind drivers when it is rising, setting, or is otherwise reflected toward vehicles. If you are temporarily blinded, slow down or stop immediately if you can do so safely and then wait until you can proceed with full visibility.

Originally posted at InjuryBoard by Bret Hanna

Yaz / Yasmin / Ocella Side Effects: Bayer Profit Grows In Spite of Deadly Side Effects

Brett Emison — Mon, 07 Dec 2009 11:20:48 GMT

Industry site, bnet.com has reported that Bayer's profit from Yaz and Yasmin continues to grow in spite of serious -- even deadly -- side effects including heart attack, stroke, pulmonary embolism, deep vein thrombosis and gallbladder disease.

Bayer’s Yaz and Yasmin contraceptives appear to be recession- and scandal-resistant superbrands, if recent reports are to be believed. Bayer hit back at a German newspaper that reported the company was cutting back on pill production due to decreased demand.

***

But Bayer said the report was wrong:

“Revenue from our Yasmin product family continues to rise as planned,” a Bayer spokesman told Reuters on Sunday.

Yasmin is Bayer’s best-selling pharmaceutical product group. In the first quarter of 2009, Bayer reported sales of 319 million euros ($443.2 million) for the Yasmin range, a 7.4 percent year-on-year gain.

Those sales gains came despite the FDA forcing Bayer to spend an extra $20 million on “corrective” advertising to rebuff claims the company previously made that Yaz cures acne and PMS (it doesn’t).

Bayer continues to increase its profits at the expense of thousands of young women across the country. Bayer needs to be held accountable for putting profits and money over safety and lives. Why doesn't Bayer have to follow the same rules as everyone else?

If you or I put out a product that killed people, we would be held accountable. Why hasn't Bayer been held accountable? How many young women must suffer a heart attack or stroke before Bayer finally learns its lesson? Bayer's lesson will be learned only after it loses what it values most . . . money.

Why Are Yaz / Yasmin / Ocella So Dangerous?

Popular birth control pills, Yaz, Yasmin and Ocella, have been linked to serious and potentially deadly side effects. This deadly side effects affect women of all ages, including teens and young women.

Yaz, Yasmin and Ocella have been linked to serious side effects, such as heart attack, stroke, pulmonary embolism (PE), deep vein thrombosis (DVT), gallbladder disease and sudden cardiac death.

Despite these serious side effects, Bayer marketed these drugs to young women not only as a contraceptive, but to relieve symptoms of severe PMS and as an acne fighter.

The FDA reprimanded Bayer late last year for overstating the benefits and downplaying the risks of Yaz in television advertisements. The slogan for Yaz was "beyond birth control."

Bayer marketed Yaz to women in their 20s. Commercials cultivated a hip, youthful image set to rock music, and advertised Yaz as a treatment for acne and premenstrual syndrome (PMS).

The FDA called Bayer's advertisements "misleading" and reprimanded Bayer in a number of official FDA letters. Bayer's conduct was so egregious that the FDA ordered Bayer to run a $20 million "corrective" ad campaign.

"I can't think of anything even remotely as large scale as this corrective advertising," said Michael A. Santoro, an associate professor of business ethics at Rutgers University.

In August, the FDA again warned Bayer about poor quality control at a German plant that makes Yaz's key ingredient -- drospirenone.

How Does Yaz / Yasmin / Ocella Cause Such Serious Side Effects?

Yaz and Yasmin contain the chemical, Drosperinone, which acts as a diuretic and causes fluid loss. This fluid loss decreases sodium in the blood and increases potassium. This imbalance causes irregular heartbeats and blood pooling, resulting in heart attacks, blood clots and stroke.

What Can I Do If I Have Experienced A Yaz / Yasmin / Ocella Side Effect?

Our firm has teamed up with the very best trial lawyers in the country to litigate Yaz and Yasmin lawsuits in the Multi-District Litigation (MDL) pending in the Southern District of Illinois, near St. Louis.

In fact, one of our team, Mark Niemeyer of Onder Shelton O'Leary & Peterson, LLC, is one of only three in the country to be selected by the Court to act as co-lead counsel for these Yaz and Yasmin cases.

"My role in this MDL is simply a reflection of the commitment of all us . . . to the women or families of women who suffered grave heath consequences after taking Yaz or Yasmin and just how seriously we take all our cases," said Mr. Niemeyer.

You can contact our team for a free case evaluation.

What Is An MDL? How Does An MDL Effect My Case?

You can find out more about MDLs and how they work at this recent post.

An MDL is like a class action, but with important differences. Instead of only one "case" (like in a class action), each plaintiff in the MDL maintains his or her own claim. However, because of many areas of common interest, the thousands of cases are consolidated for much of the pre-trial work up. For example, all of the cases filed in federal courts across the country will be transferred and consolidated in front of a single trial judge. The trial judge will appoint certain attorneys to represent all of the plaintiffs for various issues during pre-trial work up, such as discovery (fact-finding), motions, and scientific testing.

Lead counsel for the MDL is appointed by the trial judge. This small group of attorneys (for the Yaz MDL, there are only three attorneys appointed as co-lead counsel) will manage all of the pre-trial work up of all cases (potentially thousands) within the MDL.

If you file your Yaz or Yasmin claim in federal court, the three co-lead counsels -- including Mark Niemeyer of our team of attorneys -- will manage the work up of your case until trial.

Who Are Members Of This Team Of Attorneys?

The Onder Law Firm, based in St. Louis, Missouri has a track record of success and results for their clients in pharmaceutical litigation, personal injury claims, class actions and multi-district litigation (MDLs). Other lawyers across the country seek the firm's experience and expertise on complex litigation in specialty areas like dangerous drug cases.

Langdon & Emison, with locations in Chicago, St. Louis and near Kansas City, is one the country's premier trial firms, successfully taking on the largest corporations in the country. Langdon & Emison fought General Motors to the United States Supreme Court. . . and won. Baker v. General Motors held that corporations could not buy the silence of their employees and is taught in law schools across the country. The lawyers at Langdon & Emison actually try cases and have built a reputation for getting results for their clients with total recoveries of more than half a billion dollars. You can learn more by visiting Langdon & Emison's safety blog or profile.

Standly Hamilton, based in Dallas, Texas, litigates cases involving important social issues, dangerous pharmaceutical drugs, catastrophic personal injury, and wrongful death.

Learn More

You can learn more about the serious side effects of Yaz, Yasmin and Ocella and find out what to do if you or a loved one have suffered any of these dangerous side effects at this Yaz/Yasmin/Ocella informational and safety web site.

Originally posted at InjuryBoard by Brett Emison

Two Killed In Accident When Semi-Truck Fuel Tank Explodes

Brett Emison — Mon, 07 Dec 2009 10:18:50 GMT

NBC affiliate KJRH has reported that the driver and passenger of a tractor trailer were killed in an accident on I-44 near Tulsa when the fuel tank of the semi ruptured and exploded.

A semi erupted into flames on I-44 and 33rd W. Avenue Sunday morning. The driver and passenger of the semi died at the scene.

Gornwiga Nation lives near I-44 and 33rd W. Avenue in west Tulsa and caught the fiery accident on tape.

She describes the scene as a giant fire ball.

"You can see from the video my hand was shaking," said Nation

***

"We were hoping to help somebody, but the fire, it was just scary," said Hudson. "It was like the most scariest thing I've ever seen in my life."

Our thoughts and prayers go out to the family, friends and communites of those killed in this tragic event. Saddly, I suspect these deaths did not need to occur.

Car and truck manufacturers have recognized for years that vehicle occupants should be be killed by a vehicle fire if they survive the initial collision. The same is true for semi trucks.

Unfortunately, manufacturers often cut corners when designing and developing fuel systems. In tractor trailers, the onboard fuel -- diesel fuel -- is not nearly as volatile as ordinary gasoline. In fact, you can put out a match, by dunking it diesel fuel. Doing the same thing with gasoline would cause a violent explosion.

Many semi truck manufacturers place the fuel tanks in unguarded locations -- outside of the frame rails and exposed where minor collisions can rupter the tanks. More troubling, many semi truck manufacturers place cans of ether or other accelerants only inches from the unprotected fuel tanks. If both the ether can and fuel tank are ruptured, there is a high probability of explosion and massive fire.

It's time to hold these manufacturers accountable for such dangerous designs. You can learn more about fuel fed accidents and causes at our web site or at this recent blog post.

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Originally posted at InjuryBoard by Brett Emison

No Zhu Zhu Pets Recall Despite Claims of Dangerous Metals in Toy

David Mittleman — Mon, 07 Dec 2009 09:28:03 GMT

Zhu Zhu Pets are the latest toy craze this holiday season. However, according to some safety experts, the stuffed hamster look-alikes contain unsafe levels of tin and antimony. Antimony is a metal with potential health hazards, with a federal limit of 60 parts per million. Zhu Zhu pets’ “Mr. Squiggles” contains 93 parts per million of antimony in his fur, and another 103 parts per million in his nose. Similarly, tin was also found in the Zhu Zhu pets’ fur, which is potentially harmful to the immune and nervous systems.

A consumer safety group, CBS, discovered the high levels of both leads in Zhu Zhu Pets and warns consumers to return the product as soon as possible. Nevertheless, the maker of Zhu Zhu Pets, Cepia LLC, argues that the toys are perfectly safe and that the rumors surrounding the product were conjured up by one website. Cepia LLC has since issued a statement defending their product and is conducting their own testing on Zhu Zhu Pets to check for the dangerous metals.

Information released today indicates that there will be no recall of Zhu Zhu Pets “Mr. Squiggles”. However, given the recent problems with high levels of lead in toys imported from China, it is probably best to be safe than sorry when it comes to purchasing gifts for your children this holiday season.

Originally posted at InjuryBoard by David Mittleman

Weather, Speed, And Holiday Cheer: Time To Be Extra Safe On The Roads

Mike Bryant — Sun, 06 Dec 2009 10:26:41 GMT

The first week in December has again seen an increase in highway deaths. Hopefully, this isn't a sign of what is coming for the rest of the month. It is important with so many people rushing around and holiday parties starting up, that we all keep a little better look out.

Saturday night, a truck went the wrong way on the 49th Ave. Ramp on I-94 and hit a mini van head on. A passenger in the van lost her eight month old unborn child. She and her 10 year-old son are in critical condition, and four other children, ages three to nine, were also hurt. The truck driver is suspected of being drunk according to the Minnesota Sate Patrol.
Friday afternoon, a 23-year-old Watkins man died when his 1996 Saturn was hit by a 1995 Jeep Cherokee in Meeker county. The jeep failed to yield at 642nd Avenue and 365th Street in Forrest Prairie Township, according to the Meeker County Sheriff’s Office.
Thursday afternoon, A pickup truck and sedan collided at the intersection of County Road 45 and County Road 9 in Farden Township , according to the Hubbard County Sheriff's Office. The driver of the pickup truck and a passenger in the car were each ejected. Both were pronounced dead on the scene. The Hubbard County Sheriff's Office is still investigating the accident.
Tuesday afternoon, a 78 year old Roseville woman died in a seven car chain-reaction crash on County Road C at Snelling Avenue. Six eastbound vehicles were at a red light on County Road C when a westbound minivan hit the woman's vehicle at high speed, pushing it into the next vehicle and so on, the Roseville police said.

The 2009 numbers have continued to drop. Weeks like this still cause concern. With the holidays and winter type conditions, hopefully people will be careful. More will be found out over the coming weeks as to the causes of each of these collisions, so it's to early to tell if the common causes of speed and alcohol were involved in any of the incidents. In all of these cases sorrow for the families of those involved goes out.

As with any death in a Minnesota motor vehicle collision, there are many issues that will need to be reviewed. My partner, Joe Crumley, addressed this topic in a recent article for the Minnesota Lawyers Trial magazine. I was interviewed on the same topic.

Originally posted at InjuryBoard by Mike Bryant

FDA Watch List on Potentially Dangerous Pharmaceutical Drugs Recently Updated

Randy Appleton — Sat, 05 Dec 2009 19:50:00 GMT

A list of drugs which may present potential health hazards was recently published by the FDA and can be accessed at the FDA's website. The list includes some antidepressants which have been widely prescribed and may lead to suicidal ideations.

The following are just a few of the drugs that have landed on the FDA’s list:

Prozac, Zoloft, Lexapro, Celexa, Able, Maprotiline, Atomexitine, Bupropion, Ablify

Drugs which are under investigation have been identified as having potential side effects. Physicians who prescribe any medication engage in a balancing approach in which they try to insure the patient receives the intended benefit from the medication without an adverse reaction. If a patient begins to experience an adverse reaction while taking a medication it is important to work with the physician to address the side effects and, if possible, avoid any potential harm.

Many times simple changes in dose or the frequency of taking a medication may relieve side effects while still providing the benefit of the medication. The best source of information describing symptoms which a patient suspects are side effects of any medication is the patient. If a patient suspects they are experiencing an unusual reaction while taking any medication, a full description of the symptoms should be reported to the treating doctor. It may be helpful to make notes describing the symptoms including when they began, how long they lasted and whether any other medication had been taken when the symptoms began. In cases of visible symptoms such as hives or rashes, a photo to show the doctor is a good idea. It is also important that a patient being treated by multiple physicians be sure each physician is aware of all the medication being prescribed by other doctors.

Prescription medications are intended to produce beneficial effects for the patient and should generally be taken specifically as instructed by a doctor. The FDA investigation should warn the public of some risks associated with the medications under investigation. If you, or someone you know, are concerned about the use of any medication, consult with the prescribing physician and discuss your concerns thoroughly. Physicians are concerned about the well being of their patients and such discussions provide an opportunity to address issues which directly deal with a patient's care.

About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car,truck,railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by Randy Appleton

Mother Killed; Child Injured In Diggins, Missouri Railroad Crossing Accident

Brett Emison — Sat, 05 Dec 2009 10:03:06 GMT

Several news sources, including The Kansas City Star, NBC KY3, and OzarksFirst.com have reported that Kristy Willis was killed and her daughter, Kelsey, was injured when their pickup truck was struck by a train in Diggins, Missouri in Webster County.

Diggins, Mo. -- A tragic accident between a pickup and a train at a Webster County railroad crossing late Friday afternoon. 33 year old Kristy Willis, who was driving the pick-up, died at the scene, and her eight year old daughter, Kelsey Turner was seriously hurt. Turner was airlifted to St. John's in Springfield. The accident happened around 4:00 Friday afternoon just after Turner and two other kids got off the school bus.

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Willis was headed to her home on Greenbriar drive. There are only four homes past the private railroad crossing, and Nan Caldwell's is one of them. "Sometimes they come by a couple times an hour," says Caldwell.

She knows the crossing, which only has a stop sign and a railroad crossing sign, no crossing bars or lights, is dangerous. "You can't always hear the train. They don't always blow the whistle, because it almost happened to me, and thank God I stopped and saw it because it was right on me," says Caldwell.

Our thoughts and prayers go out to this young family and their community. Any loss of life from preventable tragedies is unacceptable.

The Burlington Northern Santa Fe (BNSF) engineer claims that he blew the whistle and tried to stop, but that part of his story is disputed one of the pickup truck passengers.

"It's a tragedy," he says. "From what my daughter told me, they pulled up on the tracks and nobody had even seen the train. The train didn't even blow a whistle, didn't blow a horn or nothing."

According to emergency responders at the scene, the BNSF engineer agreed that Kristy Willis never saw the locomotive before it struck her vehicle.

"He just didn't think they seen them, and they just didn't have time to stop," says Captain James Merritt with the Southern Webster County Fire Protection District. The train was moving at about 50 miles an hour. It struck the front driver's side of the pickup, killing Willis.

Again, our prayers go out to the Willis family, their neighbors and their community. Tragedies like this don't have to happen if the railroad company takes proper precautions. There have been far too many train-vehicle crashes in recent weeks. There were at least two railroad crossing crashes in Missouri -- one in Campbell, Missouri and one in Marshall, Missouri -- just in November.

In fact, Missouri was one of the top 10 deadliest states or railroad crossing accidents in 2008.

In addition, Burlington Northern Santa Fe (BNSF) has been under heated scrutiny in recent months. In October, BNSF was hit with a $4 million penalty -- on top of a $21.6 million jury verdict -- because of its "staggering" pattern of misconduct that included destroying evidence in an attempted cover-up of its role in the deaths of four young people who were killed at one of its railroad crossings.

The Court found that BNSF destroyed some evidence, fabricated other evidence, interfered with the investigation and purposefully lied and advanced misleading facts in order to conceal the truth.

BNSF's conduct in the Minnesota case was despicable. There conduct in Missouri may not be much better. Reports indicate that BNSF did not properly maintain or guard the crossing and that their engineers did not always sound the train's horn at the crossing as federal regulations require.

Railroad crossing collisions can have any number of causes. Some of these causes include:

Failure to install proper warnings, such as lights, alarms (crossing bells) or a functioning crossing gate
Defective warnings -- inoperable lights, bells or gates
Improper sight lines that prevent a vehicle's driver from seeing an oncoming train until it is too late
Failure to properly maintain the crossing -- such as allowing overgrown trees, vegetation and other foliage to obstruct or hide an oncoming train
Improperly parking a train at or near a crossing -- this not only hides an oncoming train from view, but gives motorists a false sense of safety in seeing a parked train at the crossing
Failure to sound the train's horn or whistle at or near the crossing
Other negligence that may appear on the train's data recorder or video recorder

Railroad companies should be held accountable for dangers railroad crossings that kill. Is there a different set of rules for railroad companies than for everyone else? If a railroad has a dangerous crossing where large trains speed through, shouldn't they warn approaching motorists? Why did the railroad never put up a proper warning device?

You can learn more about how to protect yourself at railroad crossings by visiting our railroad safety blog or web site.

Learn more and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

Roundabouts:Mendota Heights To Get One

Mike Bryant — Fri, 04 Dec 2009 17:22:00 GMT

Internationally, roundabouts are a common road configuration. As time has passed, they have increasingly become an option in the United States as an attempt to slow traffic and utilize limited road space. Recently, more of them are showing up in Minnesota. Recently, the Mendota Heights City Council approved a roundabout at Visitation Drive and Mendota Heights Road, the intersection closest to Convent of the Visitation School.

Last week, I happened to drive on the couple out near Hutchinson. They look good and once people get the hang of them, they should meet their goals. Federal studies have shown that roundabouts drop the number of overall crashes by 35 percent and the number of injury crashes by 76 percent.

Hopefully as more people use it we will all see the benefits. With more roundabouts coming to the surrounding counties it will be something that more Minnesotans will need to get used to. The New York Transportation Department has posted a number of very helpful animations as to how to best use these changes. Simply getting used to slowing down should help, as reaction times will be longer and most impacts should be less severe.

Originally posted at InjuryBoard by Mike Bryant

Toyota Recall: Time Magazine Suggests Recall Will Not End Sudden Acceleration Problems

Brett Emison — Fri, 04 Dec 2009 11:31:48 GMT

An article in Time magazine suggests that Toyota's massive recall will not end the controversy over the Toyota sudden acceleration defect.

But critics complain that Toyota was slow to acknowledge the problem, and may still not be dealing with it adequately. "I don't think Toyota has handled it well," says Clarence Ditlow, the director of the Center of Auto Safety in Washington, D.C. Ditlow says the record shows that Toyota executives first became aware of a possible problem 10 years ago — a scenario Toyota disputes — when the company replaced the floor mats on Lexus models sold in Great Britain. "There have been six different defect petitions [filed with the National Highway Traffic and Safety Administration, or NHTSA]," says Ditlow.

Other experts point to errant electrical signals that may be triggering some of the sudden accelerations. For some Toyota vehicles, reports of unintended acceleration and accelerator problems increased by more than 500% after the company adopted electronic drive-by-wire systems in its vehicles.

"With the electronic throttle, the driver is not really in control of the engine," said Antony Anderson, a Britain-based electrical engineering consultant who investigates electrical failures and has testified in sudden-acceleration lawsuits. "You are telling the computer, will you please move the throttle to a certain level, and the computer decides if it will obey you."

Time confirmed that Toyota's recall will change the shape of its accelerator pedal on millions of vehicles and that Toyota will install a brake-override system on some (but not all) of its vehicles. Experts continue to say that Toyota's recall effort is not enough and will not fix the underlying accelerator problems.

After ignoring this problem for more than five years and then lying to the public, Toyota appears to finally be doing something, but it doesn't look like it is doing enough or doing it soon enough.

More than 5 years ago, the Center for Auto Safety identified the electronic throttle control as the most likely source of the sudden acceleration defect. However, Toyota continues to public deny the possibility.

Toyota continues to deny that electronic technology was a factor in any reported case of unintended acceleration, said spokesman Mike Michels.

If there is no problem with the electronic throttle control system, then why is Toyota rolling out a "smart brake" technology to override the throttle when the brake is applied? If there is a problem with the electronic throttle control, then why doesn't Toyota provide the "smart brake" in all its vehicles. Clearly Toyota is not doing enough to protect its customers and the rest of us driving on American roads and highways.

Even the fixes Toyota has finally come up with won't be available until at least April of next year.

Other manufacturers have provided the "smart brake" system for years. This system overrides the throttle input when the brake is applied and makes sure that the car is able to stop. Toyota refused to provide this critical safety feature for years despite the ongoing sudden acceleration problems.

There have been more than 2,100 reported instances of Toyota sudden acceleration.

Why has it taken Toyota more than five years to finally address this problem? Why did so many Toyota owners and innocent passengers and other motorists need to be injured or killed before Toyota would do the right thing and at least try to fix the accelerator problem?

Did Toyota think it didn't have to play be the same rules as the rest of us?

You can learn more about the Toyota sudden acceleration defect by reading these previous reports of Toyota's sudden acceleration problem:

Toyota Sudden Acceleration Recall: Company Vows To "Make Better Cars"

Toyota Sudden Acceleration: Safety Experts Want Toyota Recall Expanded

Toyota Sudden Acceleration Recall: Company Focuses On Wrong Problem

Toyota Recall Won't Fix Accelerator Problem

Toyota Denied Sudden Acceleration Problem For More Than 5 Years

You can learn more about Toyota's dangerous sudden acceleration defect at our auto safety blog or by visiting our web site.

Learn more and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

Injuryboard Commentary - Safety

Deadly Accident Appears To Have Been Preventable

Yaz / Yasmin / Ocella Side Effects: Bayer Profit Grows In Spite of Deadly Side Effects

More Toyota Problems: Government Investigates Toyota Stalling Problems

Two Killed In Accident When Semi-Truck Fuel Tank Explodes

No Zhu Zhu Pets Recall Despite Claims of Dangerous Metals in Toy

Weather, Speed, And Holiday Cheer: Time To Be Extra Safe On The Roads

FDA Watch List on Potentially Dangerous Pharmaceutical Drugs Recently Updated

Mother Killed; Child Injured In Diggins, Missouri Railroad Crossing Accident

Roundabouts:Mendota Heights To Get One

Toyota Recall: Time Magazine Suggests Recall Will Not End Sudden Acceleration Problems