West Virginia Personal Injury Lawyer

Mitsubishi Endeavor Recalled Due To Defective Airbags

Chrissie Cole — Mon, 21 Sep 2009 15:56:00 GMT

More than 530 Endeavors from the 2010 model year are being recalled by Mitsubishi because the retainer bracket used for side airbag frames may not have been properly installed and could fail in a crash.

The recall affects only those vehicles manufactured between May 26 and July 28, 2009.

Dealers will inspect the vehicle and make repairs if necessary, free of charge. The company will begin notifiying owners on September 22.

Consumers can contact Mitsubishi at 1-888-648-7820 with any questions.

Consumers may contact the National Highway Traffic Safety Administration (NHTSA) at 1-888-327-4236 or at www.safercar.gov.

Originally posted at InjuryBoard by Chrissie Cole

Children’s Hooded Fleece Jackets Recalled For Strangulation Hazard

Chrissie Cole — Fri, 27 Mar 2009 14:26:00 GMT

Golden Grove Trading (d/b/a Crystal Castle), in cooperation with the CPSC, recalled Children’s Hooded Fleece Jackets because the drawstring on the hood can pose a strangulation hazard to children.

Drawstrings on children's clothing are a hidden hazard that can lead to injuries and even death when they catch on items such as playground equipment.

So far there have not been any reports of injury reported to the company or the CPSC.

The recalled products are children’s hooded fleece jackets for ages 6-12. The brand names are Golden Grove or Young USA, style number 20k and RN number 106197.

Consumers are advised to remove the drawstrings from the jackets immediately, or to return the item to the place of purchase for a refund.

CPSC guidelines (pdf) for drawstrings on children’s upper garments can be found on the CPSC Web site.

Consumer Contact: For additional information, contact Golden Grove Trading toll-free at (888) 800-3939 between 8 a.m. and 5 p.m. PT Monday through Friday.

Originally posted at InjuryBoard by Chrissie Cole

Drunk Driver Kills Four in Accident

Jenny Albano — Sat, 19 Apr 2008 17:58:07 GMT

On Thursday night, April 18, a drunk driver caused a car crash that sent him to the hospital and killed four others in Wayne County.

The Sheriff's Department reported that Bobby Frazier was driving his Ford F-150 inebriated and crossed the center line of the highway. He then hot another pick-up truck head on, killing all four people in the vehicle.

John Michael Boone, 28, his children 2-year-old Michael Tyler and 3-year-old Jordan Michelle, and a family friend, Thomas Reno Hardwick, 29, were killed, deputies say.

Frazier was taken to a local hospital and after he is treated and released he will be arrested and charged with 3rd offense DUI and four counts of DUI causing death.

Deputies reported that the children were in child safety seats and were properly restrained in the Chevy Colorado.

Originally posted at InjuryBoard by Jenny Albano

Nurse may Have Infected Over 300 in Virginia With Hepatitis

Jenny Albano — Fri, 28 Mar 2008 20:53:19 GMT

Over 300 patients from a Virginia hospital have been asked to get blood tests because an ex-nurse of the hospital is suspected of infecting patients with hepatitis when he worked in Texas.

Retired Army Capt. Jon Dale Jones, 45, was arrested this month in Miami on federal charges of assaulting three patients and possession of a controlled substance by fraud. Federal prosecutors said they believe Jones spread hepatitis in 2004 at an El Paso military hospital by diverting fentanyl -- a powerful painkiller often used for anesthesia -- from patients to himself.

So far there have been 15 military members or relatives who are believed to be infected with hepatitis. Jones worked at the Riverside Regional Medical Center in Newport from July through December of 2007 and hospital officials claim that 310 patients came into contact with him when he was an employee. All these patients have been asked to come in to be tested for hepatitis C.

Officials do not know how the patients in Texas became infected and Jones is denying using dirty needles on his patients. Jones has plead not guilty and has been released on bond.

Th learn more about hepatitis and its symptoms click here.

Originally posted at InjuryBoard by Jenny Albano

AP Study Shows U.S. Painkiller Purchases Almost Double

Courtney Mills — Mon, 20 Aug 2007 11:12:35 GMT

According to a recent study of DEA statistics carried out by the Associated Press, consumers have nearly doubled the amount of money spent on narcotic analgesics between 1997 and 2005.

According to the study, the consumption of five major painkillers - codeine, morphine, oxycodone, hydrocodone, and meperidine - rose 88 percent between 1997 and 2005. Oxycontin is primarily responsible for that increase in painkiller use. This drug's use has jumped nearly six fold according to the report in that time frame.

The AP cited several reasons for the increase in painkiller use: aging populations, marketing campaigns by drug companies, changes in pain management philosophy by doctors, and abuse of/addiction to opiate analgesics.

In May 2007, Purdue Pharma - maker of Oxycontin - was in the news for pleading guilty to 'misbranding' Oxycontin, essentially soft-pedaling the addictive properties of the drug to doctors and pharmacists. The company was forced to pay over $600 million in fines and three company directors pleaded guilty to 'misbranding' Oxycontin. These executives together were required to pay over thirty million dollars in fines.

For more information on this subject matter, please refer to the section on Drugs, Medical Devices, and Implants.

Originally posted at InjuryBoard by Courtney Mills

BAR/BRI Charging Too Much for Test Preparation?

Mike Simon — Sat, 04 Aug 2007 15:39:47 GMT

A new class action lawsuit has been filed against the country's biggest bar exam preparation company, BAR/BRI bar review, alleging that the company fraudulently and deceptively induced students from New York law schools to purchase BAR/BRI products at inflated prices. The plaintiffs in the $48 million suit are two 2005 graduates and one 2006 graduate from Albany Law School.

The initial class action lawsuit filed was filed on April 29 against BAR/BRI bar review and the West Publishing Corporation, and Kaplan, Inc. The suit claimed that BAR/BRI withdrew from the LSAT preparation business and Kaplan agreed not to enter the bar-review course market, resulting in BAR/BRI students being overcharged, on average, $1000 each, or $300 million collectively. A federal judge approved a $49 million settlement in early July.

Every year, between 35,000 and 40,000 people graduate from the nearly 200 law schools approved by the American Bar Association, and many take a BAR/BRI course. BAR/BRI advertises the course heavily at law schools and hires law students to serve as on-campus representatives.

This is the second antitrust action filed against BAR/BRI. The first was settled for $49 million.

Originally posted at InjuryBoard by Mike Simon

4 Dead in Minneapolis Bridge Collapse

Mike Simon — Fri, 03 Aug 2007 10:18:33 GMT

The eight-lane Interstate 35W bridge, a major Minneapolis artery, was in the midst of repairs when the bridge collapsed during the evening rush hour Wednesday. Cars plummeted more than 60 feet into the Mississippi River, some falling on top of one another.

At least four people are confirmed dead, and approximately 79 were injured as a result of the collapse. Eight people are still missing. Divers continue to search the wreckage, but progress is slow due to the amount of debris in the water, including a number of vehicles.

The bridge failure appears to have been the result of a failure by state officials to acknowledge and take seriously prior reports regarding the structural problems with the bridge. There is a rush now by governments everywhere to inspect their bridges. Unfortunately, the heightened awareness was too late to save the people in Minneapolis.

Unfortunately, the accident is not the only of its kind. The worst bridge collapse accident in American history occurred here in West Virginia when the Silver Bridge collapsed in December 1967, killing 46 people.

For more information on this subject, please refer to our section on the Minneapolis Bridge Collapse.

Originally posted at InjuryBoard by Mike Simon

Suit Over Wandering Nursing Home Resident's Death Settled For $750,000

Mike Simon — Fri, 27 Jul 2007 12:16:09 GMT

A $750,000 settlement reached in June between a Pennsylvania nursing home and Francis X. Ounan has been approved by a federal judge. Ounan, the executor of his mother's estate, filed suit against nursing home chain Sunrise Senior Living Services, Inc. on January 15, seeking damages for claims of negligence and wrongful death. Nursing home administrator Lynn Plasha and nurse Cynthia Harbaugh were also named as defendants.

Ounan's mother, Margaret Ounan Boyle, died in November of 2005 from injuries she sustained while wandering from the nursing home. The day after her admission, Boyle fell while wandering from the nursing home, sustaining head injuries. She was found with police assistance and taken to the hospital, where she was diagnosed with bleeding of the brain and died the next morning.

Ounan claims that the nursing home knew at the time of his mother's admission that her Alzheimer's made her a high-risk for wandering. Ounan claims that the nursing home was grossly negligent in failing to institute adequate measures to prevent its residents from wandering. Further, he claims, the nursing home failed to formulate a plan to address his mother's tendency to wander.

Federal Judge Stewart Dalzell signed an order to approve the deal early in July.

For more information on this subject, please refer to our section on Nursing Home and Elder Abuse.

Originally posted at InjuryBoard by Mike Simon

The Arbitration Fairness Act of 2007 Considered by Congress

Mike Simon — Thu, 26 Jul 2007 16:39:12 GMT

On July 12th, the Arbitration Fairness Act was introduced to the House and the Senate to amend the Federal Arbitration Act, which was passed in the 1920's. The proposed bill would make clauses in contracts that mandate arbitration and prohibit joining class action lawsuits unenforceable. The bill aims to prevent mandatory arbitration in employment, consumer, franchise, or civil disputes.

Leo Bueno, a Florida debt and consumer attorney highlighted the downsides of such clauses by pointing out that the idea behind arbitration is sound, but that "the mandatory nature of it is offensive...because it takes out the right to sue." Paul Bland, a staff attorney with a D.C. based public-interest law firm, adds that arbitrators who rule against companies too often get blackballed. Bland's comments reveal a harsh reality for consumers, in that companies are typically repeat arbitration customers, and therefore pressure the private arbitration companies to rule in their favor.

Speaking in terms of arbitration legislation, Bland added that "this is, by far, the most comprehensive bill that has been introduced." Proponents of the bill hope to protect Americans' seventh amendment right to a trial by jury.

Originally posted at InjuryBoard by Mike Simon

FDA Expands Warning About Botulism Risk from Certain Castleberry's Food Products and Dog Food

Mike Simon — Wed, 25 Jul 2007 10:42:27 GMT

Castleberry's Food Company has recalled numerous products nation-wide due to a risk of exposure to botulinum toxin. The recall, which includes mostly hot dog chili sauces, is for all listed products, without regard to "best by" dates. Exposure to the toxin, which can be fatal, is already responsible for four hospitalizations in two states.

Retailers are asked to remove all recalled products from their shelves, while consumers who have purchased the products are asked to throw them away safely and immediately. Consumers are also warned that the recall has been expanded to include certain varieties of dog food.

A complete list of recalled products is available at this website.

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

Originally posted at InjuryBoard by Mike Simon