Texas Personal Injury Blog

Valproate Sodium Products Linked to Risk of Birth Defects

Scott Kappes — Fri, 04 Dec 2009 14:42:00 GMT

Yesterday the FDA notified healthcare professionals about an increased risk of neural tube defects and other major birth defects. Healthcare professionals should warn women of child bearing age about these potential birth defect risks and consider possible alternative therapies for the treatment of migraines and other non-life-threatening conditions.

Valproate should only be used in women of childbearing when it is necessary to manage their medical condition.

Women of childbearing potential should only use valproate if it is essential to manage their medical condition. Those who are not actively planning a pregnancy should use effective contraception, as birth defect risks are particularly high during the first trimester, before many women know they are pregnant.

Pregnant women using valproate should enroll in the North American Antiepileptic Drug Pregnancy Registry at www.aedpregnancyregistry.org

Originally posted at InjuryBoard by Scott Kappes

CPSC Issues Recall of Over 2 Million Cribs Over Suffocation Risk

Scott Kappes — Thu, 03 Dec 2009 17:35:01 GMT

Last week the U.S. Consumer Products Safety Commission in cooperation with Stork Craft Manufacturing Inc. issued a voluntary recall of over 2 million Stork Craft drop-side cribs due to an entrapment and suffocation risk posed to infants.

The recall involves 1,213,000 cribs distributed in the U.S. and almost a million more cribs sold on the Canadian market.

CPSC urges parents and caregivers to immediately stop using the recalled cribs, wait for the free repair kit, and do not attempt to fix the cribs without the kit. They should find an alternative, safe sleeping environment for their baby. Consumers should contact Stork Craft to receive a free repair kit that converts the drop-side on these cribs to a fixed side.

The danger with the recalled cribs is that a plastic piece of drop-side hardware can break, become deformed or can even be installed upside-down. All of these scenarios can result in the drop-side detaching in one or more corners creating a space for an infant’s body may become trapped. Becoming trapped in this small crevasse poses a suffocation risk.

The recall includes Stork Craft Cribs manufactured between 1993 and 2009, with some bearing the Fisher-Price logo.

The cribs were sold online and through various retail outlets including Wal-Mart, J.C. Penny’s, Kmart, and Target for between $100 and $400.

For additional information about this recall visit the CPSC website here or contact Stork Craft by phone at (877) 274-0277. Additional Information is also available on Stork Craft website here.

Originally posted at InjuryBoard by Scott Kappes

FDA Warns of Increased Risk of Sudden Death Associated With Antidepressant Drug

Scott Kappes — Thu, 03 Dec 2009 12:38:47 GMT

Yesterday the FDA and Sanofi-Aventis notified healthcare professionals of changes made to the prescribing information of the prescription antidepressant medication Norpramin. The changes include modifications to the “Warnings” and “Overdose” sections.

According to the FDA’s Dear Healthcare Professional Letter, extreme caution should be used when giving Norpramin to patients with a family history of sudden death, cardiac dysrhythmias, or cardiac conductions, as the drug may increase the likelihood of these events.

Both Sanofi Aventis and the FDA said that Norpramin overdose is more likely to result in death than other tricyclic antidepressants.

If you are taking this medication and have a family history of sudden cardiac arrest you should contact you doctor immediately and talk about switching medications to a safer alternative.

The FDA is encouraging people to report any adverse events associated with this or any other medication be reported to the MedWatch Adverse Event Reporting System.

Originally posted at InjuryBoard by Scott Kappes

Tyson Foods Gets FDA Warning for Unsafe Conditions

Scott Kappes — Tue, 01 Dec 2009 17:07:50 GMT

A letter warning a Tyson Foods about the unsafe conditions found at a Texas plant was posted online today. In the letter the Food & Drug Administration (FDA) informed Tyson that their inspectors had found fish and crab meat stored at dangerously high temperatures for extended periods of time.

The FDA found seafood stored between 40 and 55 degrees for about 18 hours. According to the FDA these items should always be stores below 40 degrees in order to prevent bacteria from growing.

Tyson was also cited by the FDA back in August for failure to document procedures for stopping bacterial growth.

"Our Fort Worth plant is clean and sanitary and the products produced there are safe to eat," company spokesman Gary Mickelson said in a statement. The shrimp and crab meat observed by FDA inspectors was not used in company products, he added.

The FDA warning letter is dated Nov. 13, but was made available to the public online today.

Tyson says that have updated the temperature control plan in the mean time.

FDA warning letters are issued to companies when the FDA has found evidence of the company not following federal regulations marketing or manufacturing of goods. Although the letters are not legally binding, the agency can take companies to court if a letter is ignored of or they fail to comply with regulations.

Originally posted at InjuryBoard by Scott Kappes

Doctor Wins Retaliation Lawsuit against Hospital

Beth Janicek — Tue, 01 Dec 2009 15:41:28 GMT

A radiation oncologist who previously worked for the University of Pittsburgh Cancer Institute won a potential $3 million verdict on charges that she was retaliated against for raising concerns about discrimination. The jury recommended that Dr. Kristina Gerszten be awarded $1.5 million in back pay and $827,292 in front pay from the University of Pittsburgh Cancer Institute. Those figures are only advisory, and it will be up to U.S. District Judge Arthur J. Schwab to determine the final amount the defendant will have to pay. In addition to back and front pay, the verdict includes an addition $200,000 in compensatory damages, as well as $300,000 in punitive damages.

Dr. Gerszten filed a federal lawsuit in September 2008 alleging that she had been discriminated against because of her gender and retaliated against for making the original complaint to hospital officials. The jury did not find any evidence of sex discrimination, but determined that she was retaliated against when the University of Pittsburgh Cancer Institute failed to hire her as a medical director at both UPMC St. Margaret and its facility in Natrona Heights.

Lawsuits against the employer for retaliatory discharge are often difficult cases. Employees who lose their job for the wrong reasons quickly discover that most laws are written against them. Fortunately, Dr Gerszten was able to hold the hospital accountable. We want to encourage people to report suspected wrongs such as discrimination without fear of repercussions.

Originally posted at InjuryBoard by Beth Janicek

Chinese Drywall Link to Toxic effects Strengthen by Latest Report

Scott Kappes — Mon, 30 Nov 2009 14:50:55 GMT

Last week the suspected link between Chinese drywall and potential harmful effects on humans became stronger. On Monday the federal government released three preliminary reports that strengthen the case that Chinese drywall may be toxic to humans.

One report focused on the analysis of air samples taken from 41 homes known to contain Chinese-made drywall. These samples were compared to 10 homes that are not suspected to contain tainted drywall. In samples from affected homes researchers found consistent detections of hydrogen sulfide and formaldehyde. While the concentrations detected are below irritant levels, the CPSC says that it is possible that the synergistic effects of these and other compounds found in air samples could cause irritant effects.

Two additional studies examined corrosion found on metal components taken from homes containing Chinese drywall. These studies found a “strong association” between corrosion found on metals and high concentrations of hydrogen sulfide found in homes.

While the study was not intended to examine health effects, “we can say that the levels of pollutants we found, particularly the hydrogen sulfide and formaldehyde, could possibly contribute to some health problems that have been reported to the CPSC,” said Jack McCarthy, president of Environmental Health & Engineering Inc., who carried out the work.

Although the study increases suspicion that tainted drywall is responsible for some health effects reported by individuals living in affected homes, no causal relationship has been proven at this point.

It is suspected that some homeowners have yet to report problems due to fear that their insurers will drop their coverage; however, the CPSC is reminding consumers that reports can be made confidentially and are encouraging consumers to report problems.

Investigations of the tainted Chinese drywall will continue in the coming months.

If you suspect that your home may contain defective Chinese drywall we can help. You may be entitled to compensation to cover replacing the defective product in addition to compensation for possible health effects that may have been caused by Chinese drywall.

Originally posted at InjuryBoard by Scott Kappes

Toyota’s Largest Ever Recall of Vehicles

Beth Janicek — Mon, 30 Nov 2009 13:25:18 GMT

Toyota Motor Corp. claims the gas pedal design in more than 4 million Toyota and Lexus vehicles makes them vulnerable to being trapped open by floor mats. On Wednesday it announced a costly recall to fix the problem. Although Toyota has repeatedly pointed to “floor mat entrapment” as the problem over unintended acceleration events, more people are beginning to believe that the potential cause is the electronic throttle system that has replaced mechanical systems in recent years.

A Times review of thousands of federal traffic safety incident reports found that complaints of sudden acceleration in many Toyota and Lexus vehicles shot up almost immediately after the automaker adopted the drive-by-wire system over the last decade. The electronic system uses sensors, microprocessors and electric motors, instead of a steel cable used in mechanical systems to connect the driver’s foot to the engine. Reports of unintended acceleration increased more than fivefold for some Toyota models, after drive-by-wire systems were adopted.

Brian Lyons, Toyota spokesman, said the automaker could not explain the trend, but has consistently held that the electronic control systems are not to blame. Toyota released a statement this month saying,

“Six times in the past six years NHTSA has undertaken an exhaustive review of allegations of unintended acceleration on Toyota and Lexus vehicles. Six times the agency closed the investigation without finding any electronic engine control system malfunction to be the cause of unintended acceleration.”

In my opinion, Toyota’s recall is focusing on the wrong problems. In January they plan to cut nearly an inch off the lower edge of the gas pedal and adjust the width to reduce the risk that the floor mat will become caught on the gas pedal. They will also install a brake override system meant to ensure that the engine will lose power if the brake and the accelerator are applied simultaneously, which will become standard on all Toyota and Lexus models by the end of next year. I hope that these adjustments will be enough to reduce the amount of accidents occurring from sudden acceleration. However, since there have been reports of sudden acceleration in cars that have removed their floor mats, I do not understand how changing the gas pedal will make a difference. I think that Toyota needs to do extensive research on the electronic throttle system in order to find the underlying problem causing these acceleration events.

Originally posted at InjuryBoard by Beth Janicek

Children's Hooded Sweatshirts Recalled Due To Strangulation Hazard

Chrissie Cole — Sun, 29 Nov 2009 21:44:00 GMT

Allura Imports Inc. announced a voluntary recall of about 3,700 Girls hooded sweatshirts because they have drawstrings through the hoods which pose a strangulation hazard to children.

To this date, the company has not received any reports of injury associated with the recall.

The sweatshirts, available in khaki, ivory pink, light pink, are velour and have a zip front. They were sold in a two-piece set with “Major Diva” printed on the front.

The recalled clothing was sold at Burlington Coat Factory stores nationwide from October 2008 through July 2009.

Consumer Information: Call 800-695-4510; visit http://www.burlingtoncoatfactory.com or CPSC.gov.

Boy’s Warm-up Sets Recalled

KT Group Inc., is also recalling velour warm-up sets due to a strangulation hazard posed by drawstrings through the hood.

The recalled clothing has the name “Beverly Hills Polo Club on the center back neck. They were also sold at Burlington Coat Factory.

Information: Call 212-947-2223; visit http://www.fashionoptions.com or CPSC.gov

Originally posted at InjuryBoard by Chrissie Cole

Truck Plummets 40-Feet Off Cliff Near Corpus Christi

Chrissie Cole — Wed, 25 Nov 2009 22:05:00 GMT

Eighteen people were injured on Tuesday, when a pickup truck transporting illegal immigrants from Guatemala to Mexico, plummeted 40 feet off a cliff in southwest Texas.

According to authorities, the truck went off the road near Alice, which is about 40 miles west of Corpus Christi, and landed in a gravel pit.

Eleven of the eighteen injured victims remain hospitalized. While the others have been treated and released to Border Patrol Custody.

Immigration and Customs Enforcement spokeswoman Leticia Zamarripa says the driver has been charged with illegal immigrant smuggling involving death or serious injury. She did not know whether the driver, Patricio Rebollar, was among those still hospitalized.

The accident is being investigated by the Texas Department of Public Safety.

Originally posted at InjuryBoard by Chrissie Cole

Texas Commercial Vehicle Accident Attorney Discusses Tragedy near Beeville

Reynaldo Pena — Fri, 20 Nov 2009 11:29:34 GMT

There has recently been another horrible tragedy on our Texas highways. This time, a beautiful 4 year old boy named Luca Moya was killed, and his mother, Emika Moya, was seriously injured. Emika, a school teacher in Goliad, Texas, was driving through dense fog when her car was hit head-on by an 18 wheeler that had crossed over into her lane. Emika never had a chance, and neither did little Luca.

It is clear that when commercial vehicles are driving in low visibility conditions such as fog that they must take extra precautions and make sure they do not endanger the lives of innocent people driving on our highways. There is no excuse for an 18 wheeler to cross over into on-coming traffic in low-visibility situations. This is unacceptable, and a family is now having to deal with an enormous tragedy that could have easily been avoided. My heart and prayers go out to the Moya family and all others that are affected.

The point is that commercial drivers need to realize that they are driving steel and metal monsters that need to be driven responsibly. Passenger vehicles are no match for these metal monsters when they collide. In fact, not even a properly used car-seat could save little Luca, but the driver of the 18 wheeler only sustained minor injuries. When driving it is very important to drive defensively, and pay close attention to comercial vehicles driving near you - clearly commercial vehicle drivers are not always driving responsibly. I hope the Moya family's story, and the many stories like his, will perpetuate change for the better. It is the mission of our lawfirm, and me personally, to perpetuate changes in the law to make our roads safer, and to hold commercial vehicle companies and their drivers accountable for the lives that are destroyed in their wake. Our mission continues.

Reynaldo A. Pena

Originally posted at InjuryBoard by Reynaldo Pena