Fayetteville Personal Injury Lawyer - General Personal Injury

Hotel Shower Burns Causes Scarring and Disfigurement

Brent Adams — Thu, 27 Mar 2008 23:07:33 GMT

A 79-year-old Hurricane Katrina refugee from New Orleans has filed a $100 million negligence suit against a New York, New York hotel, claiming that she fainted and suffered personal injuries due to being scalded while taking a shower in the hotel.

According to Ethel Tropez, who now resides in Live Oak, Texas, the March 29, 2007 incident in the Hotel Chandler resulted in being badly burned and suffering scarring and disfigurement. Her attorney, Christina Panzarella, says the water was too hot for a shower and was "close to boiling." She said that it was hot enough to burn Tropez's skin off and caused her to suffer third-degree burns.

According to Panzarella, the stall door for the shower opened inward and after being hit by the first blast of hot water, Tropez was unable to escape the small enclosure and passed out. Panzarella said that she laid unconscious for at least 30 minutes under the hot water under her daughter returned and notified hotel staff members that she was unable to get into the room.

Panzarella said that the personal injuries Tropez received required her to spend a prolonged period in the hospital and undergo multiple surgical procedures for skin grafts, particularly on her legs. She said that Tropez is still receiving medical treatment from the Brooke Army Medical Center at Fort Sam Houston, Texas.
Panzarella called Tropez "lucky to be alive," however she noted that her injuries were severe and she is now barely able to walk.

Originally posted at InjuryBoard by Brent Adams

COPD Drug May Be Harmful

Brent Adams — Wed, 26 Mar 2008 02:49:39 GMT

According to a statement made on Tuesday, March 18 by the U.S. Food and Drug Administration (FDA), a drug used for the treatment of chronic obstructive pulmonary disease (COPD) may be harmful to those who use it. As if the disabling condition of COPD was not difficult enough, the FDA says that Spiriva, a lung drug manufactured by Pfizer Inc. and German-based Boehringer Ingelheim Pharmaceutical Inc., may carry with it an increased risk of stroke.
According to the FDA, there is no conclusive proof of the increased stroke risk, but they still wish to inform doctors and patients of potential problems as soon as possible.
Spiriva HandiHaler is a drug used for the treatment of COPD that has been co-promoted across the world by Pfizer and Boehringer Ingelheim.

Originally posted at InjuryBoard by Brent Adams

Oprah Winfrey Sued By Audience Member

Brent Adams — Tue, 25 Mar 2008 02:27:02 GMT

A woman has filed a lawsuit claiming that while she was in Chicago, Illinois, she received personal injuries in a rush for seating at the set of the Oprah Winfrey talk show.
According to the claims of Orit Greenberg, Harpo Studios exhibited negligence through their failure to control the audience during the December 5, 2006 incident. She filed the suit seeking damages in excess of $50,000.
According to the suit, the members of the audience were informed to take a seat wherever they liked. Allegedly, Greenberg was pushed down a flight of stairs by the crowd, which caused her to suffer "severe and permanent" personal injuries.
There has been no response from Harpo Studios because, according to a spokeswoman, the studio has a policy not to comment on pending litigation.

Originally posted at InjuryBoard by Brent Adams

Hormone-replacement drug manufacturers must pay$ 27 Million punitive damages

Brent Adams — Fri, 07 Mar 2008 14:22:33 GMT

A federal jury awarded an Arkansas breast cancer victim $ 27.2 million punitive damages award yesterday on top of $ 2.7 million in compensatory damages after she developed breast cancer from taking the defendants' hormone replacement drugs.

The jury found that the defendants had not adequately warned Donna Scroggin that the drugs caused an increased risk of developing breast cancer.

She had taken the drugs, Premarin Prempo and Provera to ease the symptoms of menopause.

The jury verdict ordered Wyeth, the manufacturer of Premarin and Prempro to pay $ 19.4 million of the punitive damage award and Upjohn , a unit of Pfizer, the manufacturer Provera to pay thte balance of $ 7.8 million.

Wythe faces 5,300 similar suits in state and federal courts across the country.

The victim's lawyer, James Morris of Brent Coon & Associates stated that he was pleased that the jury recognized that "this was beyond just negligence".

The defendants who plan to appeal claim that there is no basis in fact or law for either the compensatory award of the punitive damages award.

Originally posted at InjuryBoard by Brent Adams

Icy Hot Is Recalled After Users Are Burned

Brent Adams — Wed, 13 Feb 2008 01:09:34 GMT

In a move that could lead to a rash of products liability suits, Chattern, Inc. , the manufacturer of Icy Hot and related products announced that it was voluntarily recalling its' Icy Hot Heat Therapy and a number of related products.

Consumers have reported first, second and third degree burns after using these products. Some users reported having skin irritation after use of the product.

Consumers who have the Icy Hot Heat Therapy products under recall have been urged to immediately stop using the products, discard them, and return them to Chattem, Inc.

Product may be returned for a full refund by calling Chattem's Consumer Affairs Department at 1-877-742-6275 or at the manufacturer's website at www.Chattem.com.

North Carolina users of these products have a products liability claim against Chattern for any injuries they suffer as a result of their use of these defective products.

If the victims can prove that they suffered personal injury as a result of using the products, these customers could fully recover for all medical bills, pain and suffering and any other loss incurred as a result of their use of the products.

Originally posted at InjuryBoard by Brent Adams

Another Chinese Disaster: Defective Bicycles Folgged Off on The United States

Brent Adams — Mon, 11 Feb 2008 23:30:21 GMT

Trek Bicycle Corp., based out of Waterloo, Wisconsin, has issued a voluntary recall of approximately 49,000 girls bicycles due to the risk of frames possibly breaking during use of the bikes. According to the United States Consumer Product Safety Commission, the company has already received reports of 13 incidents of frames breaking The CPSC also said that four of those incidents were reported to have involved personal injuries.

Consumers who have purchased one of the recalled bicycles can return it to a Trek dealer to either receive a free replacement MT220 girls bicycle or a $100 discount on a Trek bicycle of a different size. Anyone who needs more information can contact Trek by phone at (800) 373-4594.

The model of bicycle being recalled is the Trek MT220 girls bicycle from the model years 2005, 2006, and 2007. The frame of the bicycle has the name of the model printed on it. The 2008 models of the MT220 girls bicycles are not a part of the group of products being recalled.

The bikes were manufactured in China and Taiwan and sold for approximately $300 at authorized Trek dealers across the U.S. during the period between April 2004 and June 2007.

Originally posted at InjuryBoard by Brent Adams

Suit Against 8 Year Old Causes Outrage

Brent Adams — Thu, 03 Jan 2008 22:50:21 GMT

The nation appears to be angered by the suit brought against an 8 year old boy who skied into an adult skier in Colorado

According to a lawyer in Pennsylvania , the personal injury lawsuit a couple from South Whitehall Township, Pennsylvania filed against an 8-year-old boy who crashed into the husband while skiing in Colorado may be unpopular, but it is justifiable.

According to Jim Chalat, the attorney of David Pfahler, the man injured, and his wife, Marlene Ambrogio, the Ski Safety Act of Colorado states that children are just as responsible as adults for their actions on the slopes.

Pfahler underwent surgery to repair a torn rotator cuff, according to the lawsuit and has incurred about $75,000 in medical bills, lost vacation time and other expenses,

Saul Langsam, a Pennsylvania attorney, said that the couple could still have a case even if it occurred in their home state.

The couple's decision to file suit against Scott Swimm, 8, of Eagle, Colorado, and his father, Robb, has been met with nationwide outrage. Chalat says the couple has been harassed by angry phone calls since the story was released.

According to the suit, filed in September 2007 in U.S. District Court in Colorado, Pfahler was skiing "at a slow pace" on a trail at Beaver Creek Ski Resort on January 12 when the boy came down the mountain "negligently," "recklessly," "and at a high rate of speed." The boy collided with Pfahler, resulting in injuries to the man's shoulder and collarbone.

The Swimms have denied the allegations, with Robb saying his son "tapped" Pfahler's boots.

According to the suit, Pfahler underwent surgery to repair a torn rotator cuff and has incurred approximately $75,000 in medical bills, lost vaction time, and other expenses.

A very similar suit was not allowed to go to trial in North Carolina. In that case, as in the Colorado case discussed above, the alleged negligence occurred on the ski slopes after a 12 year old child skied into an adult. The North Carolina court applied the state law of West Virginia where the injury occurred. In West Virginia, there is a rebuttable presumption that children between the ages of seven and fourteen are incapable of negligence.The North Carolina Court of Appeals held that:

"Thus, plaintiff did not present a sufficient forecast of
evidence to overcome the rebuttable presumption that Nathaniel was
incapable of negligence."

Originally posted at InjuryBoard by Brent Adams

Retail Stores Becoming Concerned About "Heelys"

Brent Adams — Wed, 02 Jan 2008 23:30:14 GMT

Wary about potential premises liability issues and personal injuries, many stores and malls are taking precautions when it comes to trendy wheeled sneakers. One such place is Dubuque, Iowa, where stores are implementing policy changes and new signage.

According to Zach Shank, manager of a Hy-Vee in the city, the shoes have been banned in his store. He said the decision was prompted by complaints from customers.

Though no injuries have been reported in the city, retailers in the area view the shoes as a potential safety and liability issue.

They aren't the only ones, federal agencies also recognize safety issues involved with the popular shoes.

In the period between September of 2005 to December of 2006, one death and at least 64 personal injuries related to wheeled shoes were reported by the U.S. Consumer Product Safety Commission (CPSC).

The concerns are not just limited to the U.S. Over the past summer, a hospital in Dublin, Ireland saw 67 children over a period of 10 weeks for injuries from Heelys, the name the shoes are given, based on the most popular brand, or strap-on wheels called Street Gliders. It was also reported by the Associated Press that doctors in Singapore said 37 children had been treated last year for similar injuries.

According to Dr. Donald Reyerson, a pediatrician in the Dubuque area, though he has only seen minor injuries, the main cause seems to be kids crashing into others. He noted that he has personally witnessed children "cruising along without regard to other folks." He added, "It's quite possible to injure someone."

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Brent Adams

Warning To Those Suffering From Diabetes

Brent Adams — Sun, 30 Dec 2007 00:17:37 GMT

Here's a warning for those suffering from the disabling condition of diabetes. A recall has been announced of testing strips for diabetes produced by Bayer Diabetes Care due to the strips providing results that are false for tests of blood glucose.
The strips the recall was announced for are used with the Contour TS Blood Glucose Meter and are from lots designated with a WK followed by 7D, 7E, 7F, or 7G followed by another series of numbers and letters.

Receiving readings of blood sugar that are inaccurate can result in a person who is diabetic administering an amount of insulin to themselves that is either too much or too little. Insulin is used for the regulation of blood sugar levels in the body.
The strips were packaged in bottles containing 10, 25, and 50 strips and in glucose meter kits labeled with the product code 1802 and 1802N. The Contour TS meter itself is not affected by the announced recall.
According to the company, though the strips are problematic, they have had no impact on the Contour TS meter.
Any consumers who purchased the strips are advised to call Bayer's customer service line (in the U.S., 1-800-348-8100) for the return of any affected bottle of strips and to receive a replacement bottle.
The recalled strips were sold across the globe in the United States, France, Turkey, Austria, Korea, India, and Mexico.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Brent Adams

Mass Settlement in Defective Cardiac Defibrillator Claims

Brent Adams — Sat, 29 Dec 2007 23:52:31 GMT

According to Medtronic Inc., it has reached a settlement agreement of $114.1 million in order to settle product liability lawsuits related to the company's Marquis line of implanted cardiac defibrillators.
The Minneapolis-based company, which makes implantable biomedical devices, will settle 2,682 cases for $95.6 million and $18.5 million in attorney's fees. However, according to the company, the settlement is not an admission of liability or the validity of any defenses in the suits.

In November of 2006, a motion by Medtronic to dismiss over 350 product liability lawsuits connected to a voluntary recall of implantable defibrillator heart devices in February of 2005 was denied by a federal judge.
The central issue in the product liability suits was an announcement by Medtronic in February 2005 of a potential battery shorting problem in various Marquis-brand defibrillators. The rate of failure was, and still is extremely low, but Medtronic voluntarily told doctors of the issue. In the U.S., 11,000 of the machines were removed surgically and replaced with another device. Another 2,000 removals took place overseas.
The suits' plaintiffs made the argument that Medtronic knew for years that a potential for product defects existed, but sold the devices anyway without advising patients that safer devices were available. The company countered by arguing that every obligation had been fulfilled in terms of reporting the problem, which included seeking and receiving approval from the FDA in 2003 to implement changes to the battery design.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Brent Adams