Accident and Injury Lawyer Blog

A medical malpractice suit was filed against a hospital in Las Vegas in a case that sounds like a Nurse Jackie episode. Plaintiff's lawsuit alleges that he suffered catastrophic injuries including brain damage that leaves him comatose and blind as a result of the negligence of a drug addicted nurse.

There are more details on the story here, albeit in a press release from plaintiff's medical malpractice lawyer.

BMW will recall nearly 200,000 of its 5 Series, 6 Series and 7 Series cars with V8 and V12 engines, made since 2002. The recall has been issued so BMW can fix a defect that may cause leaks to develop in the power braking system. There have been no reports of accidents or injuries, according to BMW.

Fisher-Price issued a massive recall of 7 million Trikes and Tough Trikes toddler tricycles after receiving ten reports of injuries, six of which were considered serious by the Consumer Product Safety Commission. In all of the cases of injury, little girls aged two to three years old fell against the protruding disc-shaped or D-shaped pretend ignition key. Consumers should take the key out of these tricycles and get a replacement key from Fisher-Price. You can go to their recall website which shows, ah, a lot of recalls. Actually, it is easy to jab at the number of Fisher-Price recalls but is a good service to keep the old recalls posted because people use and pass down kids toys.

This tricycle recall involves the fourteen Fisher-Price Trikes and Tough Trikes toddler tricycles with model numbers listed below. The model numbers are located under the seat in the storage compartment.

J72633 Hot Wheels Trike

72639 Barbie Free Spirit Trike

72642 Lil’ Kawasaki Trike

72643 Boys Tough Trike

72644 Girls Tough Trike

72792 Kawasaki Trike

B8775 Kawasaki Tough Trike

B8776 Barbie Tough Trike

K6672 Dora the Explorer Tough Trike

K6673 Diego Tough Trike

M5727 Barbie Tough Trike Princess Ride-On

N6021 Kawasaki Tough Trike

T6209 Thomas Tough Trike

V4270 Diego Tough Trike

Tricycles manufactured after June 16, 2010 are not included in this recall, as their pretend keys were flattened to the body of the tricycle. Those tricycles have a manufacturer run number higher than 1670Q2. This is a little disconcerting, right? Because it means at some point they knew well enough to make the change but not to recall the tricycles. That is at least three months of being aware of the problem but not issuing a recall.

A motion has been filed with the U.S. Judicial Panel on Multidistrict Litigation to consolidate and centralize all federal DePuy ASR hip recall lawsuits in one court for coordinated pretrial proceedings. Earlier this month, a motion was filed in California that would consolidate all of the DePuy lawsuits into one class action.

I used the phrase "DePuy class action" which, technically, is not correct. The cases would actually be what is called an MDL where all of the DePuy cases are consolidated for common issues of discovery which would include depositions, interrogatories, and other discovery on core issues that are common to all DePuy hip recall plaintiffs. But it is not a class action lawsuit in the purest sense of the term because with a few exceptions, the cases do not resolve in a single class action trial but instead are sent back to their original jurisdictions as individual lawsuits after the discovery phases are completed. The exceptions to the "all the cases get sent back" rule is that, quite often, the MDL judge will preside over a few bellwether trials that are tried to verdict, giving both parties a chance to better understand the settlement value of the cases. Usually in these types of cases - particularly in a case like this where there is a recall - the vast majority of the cases reach a settlement without a trial before or shortly after the MDL process is completed.

DePuy has recalled its ASR metal-on-metal hip replacement system because they have a high failure rate. Plaintiffs' lawsuits allege that the DePuy ASR hip replacement system had a design defect that made it difficult to properly implant the DePuy hip replacement compared to other ASR cups. Why? Plaintiffs' DePuy hip replacement lawyers (and a good number of orthopedic doctors) believe that the DePuy ASR cups were designed too shallow. As a result of this defect, it may be that over 12% of the 93,000 DePuy ASR hip replacements that have been implanted may fail within five years. Obviously, you have real problems if you need a hip replacement in the first place. A failed hip replacement adds further suffering to a patient who has already suffered a great deal, often requiring additional hip surgery to replace the artificial hip.

If you have a defective DePuy hip replacement subject to this recall and want more information on the DePuy class action lawsuit, call 800-553-8082 or get a free on-line case evaluation.

Siemens Industry has issued a recall of 2.2 million Siemens and Murray circuit breakers, load centers, and meter combos because of the fire hazard posed by non-conforming spring clips in these products. The spring clips on these Siemens and Murray products can break during normal use ("over time" as Siemens says), causing the recalled products to lose the force necessary to maintain the electrical connection in the panel board. Apparently, this can make the products overheat to the point where they can cause a fire.

The recalled products include Siemens and Murray 15 through 50 AMP single and double pole circuit breakers, load centers, and meter combos. All recalled circuit breakers have codes of either 0610 or 0710. The recalled load centers and meter combos have manufacture dates between June 2010 and August 2010.

Chuck E. Cheese has announced a recall of 1.1 million light-up rings and 120,000 star glasses. Why? Apparently, both the rings and the glasses have batteries with lights and there have been two reports that when the products break - and I'm sure they break easily - they cause a potential choking hazard to children as the batteries can become exposed. There have been two reported incidents with the light-up rings. One child swallowed a battery and another put a battery into his nose.

The rings come in blue, green, purple, yellow, and pink colors, and the glasses come in a red color. The Light-Up Ring was either sold as part of a promotional treasure chest cup from August 2009 through June 25, 2010 or distributed during several Parent-Teacher Association conventions in April 2009, July 2009 and March 2010 through May 2010. The Star Glasses were distributed as part of Chuck E. Cheese's Birthday Star package beginning April 2010 through August 2010.

Since 2001, it is the third recall of children’s toys for Irving-based CEC Entertainment Inc., parent company of Chuck E. Cheese. But don't judge a company by the number of recalls it has. What is important is that they act quickly and decisively to solve a problem when it does arise. I have no idea whether that was the case here but, at this point, we have no reason to believe that it was not.

I spend an obscene amount of time at Chuck E. Cheese to the point where I would never consider anything other than the $30 for 130 coins deal because I know if we don't use them all we will be back again before long. As long as they have skeet ball and pop-a-shot, we will keep coming back. But after the grand finale when we cash in our Chuck E. Cheese tickets for prizes, I will probably take an extra long look to see if the toys look like hazards.

Our lawyers are now reviewing potential Accutane lawsuits for patients who were prescribed Accutane to treat acne. Specifically, our lawyers are investigating lawsuits for individuals who have been diagnosed with Inflammatory Bowel Disease (IBD), Ulcerative Colitis, or Crohn’s Disease and on behalf of families who have lost a loved one to suicide while taking Accutane.

There is little doubt that Accutane was effective in treating severe, treatment-resistant acne. The question is - based on the severity of the side effects Accutane causes should there have been a recall of Accutane a long time ago?

After Accutane came onto the market in the early 80s, its manufacturer, Roche, received reports of patients who developed IBD at or about the time of their Accutane use. Roche added a headlined IBD warning in 1984 in its physician package insert:

Inflammatory Bowel Disease: Accutane has been temporally associated with inflammatory bowel disease (including regional ileitis) in patients without a prior history of intestinal disorders. Patients experiencing abdominal pain, rectal bleeding or severe diarrhea should discontinue Accutane immediately.

IBD is an umbrella term that refers to two diseases of the gastrointestinal tract: ulcerative colitis and Crohn's disease. Both can be lifelong aliments in which gastrointestinal symptoms wax and wane over time that for some, can be improved through medication and/or surgery. Over a million people in the United States have, to some degree, IBD.

Finally, in June 2009, there was an Accutane recall and the brand name medication was discontinued. The manufacturer cited Accutane lawsuits as the reason it stopped selling the product which implies the problem is plaintiffs' lawyers. But, apparently, the problem is also what the American people think. Juries have awarded millions of dollars against Roche. Five separate juries have found that Roche failed to fully and adequately inform of the risks of IBD associated with Accutane. At some point, Roche needs to realize that it is on the wrong side of these cases and offer reasonable settlements on these Accutane lawsuits.

If you believe you have a potential Accutane lawsuit, get a free no obligation consultation at 800-553-8082 or talk to a lawyer on-line.

Molenaar LLC, is recalling about 315,000 little flat, green-glowing night lights that were promotional giveaways after growing concern that they could melt, start a fire or deliver an electric shock. The recalled night lights should have a “71980 U.S.A.” code on the back of the light. The CPSC advises you throw the lights away. I would think this could cause a fire, too, but what do I know. In any event, I doubt these lights have caused anyone any meaningful harm but there have been four reports of "minor property damage" from these ostensibly defective lights.

There is a recall of approximately 30,000 pounds of sausage made in central Wisconsin and distributed nationally. Mekong Fresh Meats began its recall of cured uncooked pork sausage after the U.S. Department of Agriculture found the meat contained wheat, a known allergen that is not listed on the label.

About 25% of this recalled sausage will be returned. Most of it has already been eaten by consumers.

General Motors, who has certainly been on a good roll of late, will recall 20,000 Cadillacs to replace the glove compartment boxes that could cause leg injuries in a car accident. The recall includes 5,000 Cadillac CTS and CTS-V models from 2009, and more than 15,000 from 2010.

General Motors chose to recall these Cadillacs after car crash tests showed that the front-seat passenger not wearing a seat belt could strike the glove box door, inflicting leg injuries in a crash.

It sounds like GM is doing the responsible thing getting out in front of the problem and making the necessary changes. In fact, it is good they understand that they have a responsibility to those who are not wearing their seat belts. (Message to those people: put your seat belt on. Now.)

I was on vacation in Florida five years ago and saw a Segway scooter for the first time. I promptly thought it was the coolest thing I ever saw. I never bought one because, well, I really don't know where I would ride it. But I really thought it was neat.

Yesterday, Segway got hit with the worst possible scenario: its owner was killed riding a Segway, setting off articles and blogs offering up a fact that has long been out there and gone unnoticed: these scooters are unreasonably dangerous.

The Bard Recovery IVC filter and its ostensibly new and improved cousin, the Bard G2 IVC filter, have been linked to an increased risk of fracture which can cause serious injury or death.

Venous thromboembolism, or the formation of blood clots in the veins, occurs in more than 200,000 Americans per year. Bard's IVC filters are medical devices placed in the patient's vena cava designed to catch blood clots for patients at risk for pulmonary embolism. The filters are designed to trap clots before they travel to the lungs. Certainly, you don't implant these filters unless the patient is at risk and attempts to mitigate risk using medications have not been effective. Only then do doctors turn to these Bard IVC filters.

But, apparently, the Bard filters create their own problems. On August 9, 2010, the FDA released information warning of complications with the Bard IVC Filters. That same day, an article appeared in the Archives of Internal Medicine concluding that the Bard Recovery® Filter has a 25% rate of fracture and the G2® Filter has a 12% rate of fracture.

If you or a loved one has suffered from a Bard IVC filter fracture, call 800-553-8082 or get a free online consultation.

I love the Motely Fool take on the Procrit and Epogen recall: "Johnson & Johnson is recalling another product. But don't worry; it's not nearly as bad as the multitudes that have come before it."

I can't imagine this makes users of Johnson & Johnson or its shareholders rejoice.

An Arkansas jury returned a $20 million verdict, deliberating less than two hours before finding negligence in a medical malpractice lawsuit involving surgery on the wrong side of a 19 year-old's brain at Children's Hospital. It is one of those hard to believe medical negligence tragedies. The then-chief of pediatric neurosurgery at the hospital simply removed matter from the wrong side of the Plaintiff's brain before operating on the correct side.

The hospital issued a statement of regret and apology after the trial. But it makes you wonder: why did this case go to trial?

Hyundai issued a recall of Sonata sedans due to a problem that could cause drivers to lose control of the steering. The U.S. National Highway Traffic Safety Administration said on Sunday that 139,500 Hyundai Sonatas of model year 2011 are subject to this Hyundai recall - pretty much all of the Sonatas sold in the U.S.

This recall is not the first struggle for the 2011 Hyundai Sonata. Problems with the door-lock mechanism surfaced when the cars were first released but a speedy recall solved the problem.

Hyundai issued the standard, "Really it is not a big deal," statement with the recall. To some extent, this is correct, there have been no reported accidents from this steering defect. The larger problem is whether this is a tipping point for Hyundai, a successful company some might argue grew too fast to maintain the quality for which it was known.

Amgen has issued a recall of specific lots of the drugs Epogen and Procrit. The recall stems from a finding that tiny glass flakes found in these drugs cause blood clots and other serious health conditions. There are no reports of injuries and I do not expect this recall with result in a lawsuit.

The product lot numbers and expiration dates and more information on this recall can be found on the websites for Epogen and Procrit.

Breaking news on Avandia: the FDA this morning is limiting Avandia to patients with Type 2 diabetes whose condition cannot be controlled with other medications.

CNN also reports the European version of the FDA is recommending that Avandia be taken off the market. This decision must first be ratified by the EC.

The history of Avandia is a familiar one: Plaintiffs' lawyers discover a problem and begin filing lawsuits. Drug company and industry supporters roll their eyes and decry the problem is greedy plaintiffs' lawyers manufacturing lawsuits based solely on bad patient outcomes, not a defective drug. The attention spawned by the lawsuits leads to further investigation that shows that the drug is dangerous.

Abbott Laboratories announced a Similac baby formula recall after reports came in of beetles being found in the product and in an area of the plant in Michigan. Millions of containers of the baby formula are involved in the recall. Abbott claims that 99.8% of the baby formula tested was negative for beetle contamination.

No Abbott liquid infant formulas are involved in this recall. Specifically, Abbott products not involved in the recall include all Abbott Nutrition liquid ready-to-feed and concentrated infant formulas and all powder and liquid specialty formulas, such as Similac Expert Care™ Alimentum®, Elecare®, Similac Expert Care™ Neosure®, Similac® Human Milk Fortifier, and metabolic formulas for inherited disorders.

This recall is going to get a lot of attention for two reasons. First, the idea of contaminated baby formula is going to raise the ire of the American public. We all want to think that companies are doing everything imaginable to keep products designed for our children safe. Second, the idea of drinking bugs impacts you on a visceral level. I'll bet we have all inadvertently and unknowingly eaten more than our share of bugs over the course of our lives. But knowing that it actually happened by a company charged with making these products clean and safe is going to sit poorly with people.

Abbott is making things worse by not have systems in place to deal with the problem. CNN reports that concerned parents have run into called the help line and the website and neither are working properly (a problem reported that has been fixed).

Since first putting up this post this morning, our law firm has received numerous inquiries from parents whose children have taken this recalled Similac baby formula. I do not think this incident, however regrettable, will lead to viable lawsuits and our law firm will not be handling these cases.

You can find the details of the recall here.

A recall was announced on Friday for the dietary supplement Reversitol, which was marketed “for promoting hormonal regulation…,” and contains 6-Etioallochol-1,4-Diene-3,17-Dione, also known as ATD, an aromatase inhibitor."

The recall is the result of concerns the FDA had on two levels. First, the FDA believed Reversitol does not meet the definition of a dietary ingredient. But the FDA also had more practical concerns about adverse events associated with the use of aromatase inhibitors: decreased rate of bone maturation and growth, decreased sperm production, infertility, aggressive behavior, adrenal insufficiency, kidney failure, and liver dysfunction. The manufacturer has not reported any of these adverse events. Of course, this does not mean they were not happened and the consumer never made the connection back to Reversitol.

iForce Nutrition’s Reversitol V2 is not impacted by the recall.

A wrongful death lawsuit has been filed in Washington after the death of a man from a dog bite. The victim died after complications from a bacterial infection from the bite. As many states require, the suit alleges that this is not the dog's first offense. Plaintiffs claim the owner knew or should have known the dog was dangerous and kept him on a leash.

According to the Centers for Disease Control, nearly 5 million people are bitten by dogs each year, a figure that includes a lot of minor bites that are forgotten moments later. But approximately 1,000 people go to the emergency room every single day from dog bite injuries. That is a pretty incredible statistic when you think about it. That's 20 people a day in every state. It is easy to blame the dog but dogs are animals. They are going to react to certain situations with aggression and the degree of the risk of this happening depends on the dog. If you own a dog, you have an obligation to know the degree of risk your pet poses and what his or her tendencies are. Many people have very aggressive dogs and never have any incidents resulting in harm because they know their dogs and take the proper precautions. Too many dog bites occur because people don't know their dogs and don't act responsibly.

The Step2 Company issued a recall of the "Step2 Sand & Water Transportation Station" after it was discovered that its train cars' plastic wheels easily detach and are choking hazards. The company is advising owners of the toy subject to this recall to discontinue the use of this product immediately and contact Step2 for a replacement.

This toy recall effects 60,000 toys in the United States and Canada distributed between December 2008 and June 2010. Apparently, it is the trains with blue wheels and not grey wheels that are subject to this recall although I think the wise decision, that will make most parents comfortable, is to probably just get rid of the toy.

It sounds like Step2 and the federal government were proactive in indentifying the problem but that is just an assumption on my part based on the fact that there do not appear to have been any injuries and also on the fact that there seem to be a lot of similar toys available that are choking hazards where no action has been taken.

You can find more information on the recall from the U.S. Consumer Product Safety Commission website.

There is a milk recall after a report that a Midland Farms plant had faulty equipment that did not properly pasteurize the milk. Unpasteurized milk can cause illnesses such as salmonella.

If you have milk with the plant code 36-1661 with a Sept. 24th date code, return it or throw it out. But if you throw it out, make sure you call the store and report the fact that you purchased the milk subject to this recall at their store so they can notify the appropriate people (whoever they are).

There do not appear to be any reported injuries from this recalled milk at the time this blog is being posted. Our lawyers will not be handling any cases involving this milk recall.

A recent Jury Verdict Research (JVR) study found that the average verdict in a New York motor vehicle accident case is $837,020. The median verdict is $150,000. This data does not include defense verdicts which, if considered in the data, would obviously reduce the average award.

To be sure, $837,020 is a lot of money for the average car accident case. But you have to keep in mind that in New York because of the threshold level of injury requirement, juries are more likely to hear a serious injury case than a jury would in, say for example, Maryland.

Rear-end accidents accounted for 21% of the successful verdicts in the study. Pedestrian lawsuits were 17% of the verdicts and intersection accidents made up 15%.

With respect to the type of injuries involved in the study, spinal disc injuries accounted for 27% of the verdicts and had a median award of $140,000. Leg injuries made up only 7% of the verdicts but led to a median award of $500,000.

Usual disclaimer: I find average accident settlement and verdict statistics to be very interesting. But the cliché is true: every case is different because there are just so many variables involved in determining case value, not the least of which is jurisdiction. Every state has different dynamics that lead to wildly different average verdicts by state. But even within individual jurisdictions within a state where the same law is being applied, jury verdicts can vary wildly. In Maryland, where the vast majority of our law firm's cases are, the value of the cases can double - or be cut in half - depending upon the jurisdiction.

The Merced Sun Star has a good editorial on the difficulties California has had in weeding out bad doctors. We are not talking about doctors who make a mistake and commit medical malpractice. Good doctors can commit malpractice. The most skilled of us can make mistakes that cause harm. We are talking about doctors who should not be treating patients in the first place either because their skills are below what is required to comply with the standard of care or because they are unethical. California, in its defense, has unbelievable budgetary problems that certainly don't help their efforts to restrain bad doctors. But you might also think that California doctors could do a better job of policing their own.

Really? Et tu, Ferrari? After just a week of investigation, Ferrari confirms 458 fires in its cars and will recall 1,248 Ferrari models. A Ferrari spokesman said, “”When the car is driven to high exhaust temperatures, in hot ambient temperatures, the adhesive used in the wheel arch assemblies can overheat and allow the rear wheel housing heat shields to move around. In extreme cases, the glue can begin to smoke and even catch fire.” Driving a Ferrari in hot temperatures? You could argue, ah, that is foreseeable. Ever catch a Ferrari in St. Paul in January? Me neither.