LAFAYETTE — The family of a man who was shot and killed by a police officer last year filed a federal lawsuit seeking damages for his alleged wrongful death.
Eleven of Shane Damond’s family members have signed onto the wrongful death and deprivation of civil rights lawsuit, which was filed Friday.
The lawsuit names as defendants Officer Michael Milazzo, Lafayette Police Chief Jim Craft and the city of Lafayette.
Authorities have said that Milazzo was patrolling in the Mudd Avenue and Louisiana Avenue area on July 26, 2008, when he spotted a car — reported stolen three days earlier — in the parking lot of a Circle K store.
When Milazzo approached the car, Damond, who was the driver, began backing up the car, dragging Milazzo with it.
Milazzo fired his pistol and struck Damond, 37. He was taken to a local hospital, where he was pronounced dead.
District Attorney Mike Harson’s office brought the case before a grand jury to avoid any appearance of impropriety, because it involved an officer.
A grand jury returned a no true bill in April.
The lawsuit offers a different version of events and states that without acting in violation of any law, Damond was “unexpectedly and violently attacked without provocation” by Milazzo.
“Upon being shot, Shane Damond, remained conscious but slumped to his side in obvious agony. Shane Damond died of his wounds several minutes later,” the suit states.
The suit accuses Milazzo of “resorting immediately to lethal force without any effort whatsoever to arrest, apprehend and/or subdue the deceased.”
The suit further alleges that Milazzo did not warn Damond of his intention to use deadly force nor did he call other officers to assist him.
The suit lists Craft as a defendant because he is Milazzo’s superior and therefore responsible for his training.
This article was written by Jason Brown of The Advocate
http://www.2theadvocate.com/news/51829892.html
The death of a loved one is not the only loss a family suffers in a wrongful death suit. There are many financial obstacles that must be overcome, like funeral and burial costs, incurred debts, mortgage payments, childcare expenses and the loss of potential income by the deceased. The attorneys at Murphy Law Firm represent families who have lost a loved one due to a wrongful death.
http://batonrougeinjuryaccidentattorney.com/wrongful%20death.html
Wednesday, July 29, 2009
Friday, July 17, 2009
Bucket Brigade calls for Dow data
An environmental watchdog group said Wednesday that the public still doesn't know how much ethyl acrylate was released from Dow Chemical in Hahnville last week, and criticized St. Charles Parish officials for not evacuating homes closest to the plant.
The Louisiana Bucket Brigade said residents need to know how much of the chemical, which can cause eye, nose and throat irritation, was in the air during the early hours of the release, which began July 7 around 4 a.m.
"Dow has tried to play down this release by calling it a bad odor," said Anna Hrybyk, the organization's program manager, at a Wednesday morning news conference. "The fact is that it was a chemical release and we do not know how much of the chemical was released. We do know that people were treated at the hospital because of this accident and that Dow has a serious, ongoing problem with this chemical. It's not a simple odor."
Dow spokesman Tommy Faucheux said the company acted appropriately by sending a technical expert to work with the parish's emergency operations center the morning of the release.
"I'm confident that we assessed the event correctly," he said.
In addition to last week's incident, Hrybyk said, the company reported airborne releases of fumes from the chemical on Oct. 20, 2008, and April 22, 2009, to the state Department of Environmental Quality.
"We are demanding that they come clean and say how much was released," Hrybyk said.
Michael Kernan, postmaster of the New Sarpy Post Office, said at the news conference that his eyes, nose and throat started to burn shortly after he arrived at work at 7 a.m.
"The St. Charles Parish maintenance unit was evacuated to St. Rose, but why didn't they evacuate the day-care center down the street?" Kernan said.
Day-care owner Deione Daniels said she and the 27 children at Deione's Early Learning Center were initially told that there was no health risk, even after she and her children started feeling symptoms.
"They told me the smell was really bad but that it was not hazardous," she said.
Ethyl acrylate can be smelled at concentrations of less than 1 part per billion, but isn't deemed toxic for a healthy adult until it reaches 30 parts per million.
The Oct. 20, 2008, release occurred when piping was being flushed; 9,587 pounds of material was released into the process sewer area because of "multiple valve failure." Because the area is open to the atmosphere, 168 pounds of the material evaporated over 14 hours, Dow's report to the Department of Environmental Quality said.
The company told the DEQ that the valves were not part of a preventive maintenance program, but one would be started in the future.
The April 22 incident released 24.8 pounds of ethyl acrylate into the atmosphere after a flaring system to vent vapors malfunctioned.
Scott Whelchel, St. Charles Parish's emergency preparedness director, said that the parish's emergency center operators must depend to some extent on information from industrial plants to recommend actions to protect the public.
The parish had bus drivers on standby throughout most of the week in case a large-scale evacuation was necessary, Whelchel said.
"The company has the expertise to tell us what is happening and what protective measures need to be taken," he said.
However, the parish's Emergency Operations Center logs show that its operators repeatedly pressed Dow for information on what was happening. It was the parish EOC that notified Dow of the stench wafting across the river after someone from Shell Chemical called in to report it shortly before 4 a.m.
Faucheux said that depending on the wind, the plant operators may not be aware of a problem if the site's perimeter air monitors don't go off.
Faucheux said Dow's priority is to let parish officials know immediately that something is going on, even as company personnel try to find out what is happening.
"It took us a little longer to nail down the issue, but as soon as we had something concrete, we shared it with the parish," he said.
This article was written by Matt Scallan of The Times Picayune
http://www.nola.com/news/t-p/riverparishes/index.ssf?/base/news-6/1247722269323830.xml&coll=1
Chemicals are used everyday in your home and at the workplace. Though most manufactures and property owners follow safety guidelines, toxic accidents are sometimes the result of negligence and/or intentional acts of corporate wrongdoers. Don't hesitate to call Murphy Law Firm if you have been exposed to harmful chemicals or toxins.
http://batonrougeinjuryaccidentattorney.com/chemical%20toxic%20exposure.html
The Louisiana Bucket Brigade said residents need to know how much of the chemical, which can cause eye, nose and throat irritation, was in the air during the early hours of the release, which began July 7 around 4 a.m.
"Dow has tried to play down this release by calling it a bad odor," said Anna Hrybyk, the organization's program manager, at a Wednesday morning news conference. "The fact is that it was a chemical release and we do not know how much of the chemical was released. We do know that people were treated at the hospital because of this accident and that Dow has a serious, ongoing problem with this chemical. It's not a simple odor."
Dow spokesman Tommy Faucheux said the company acted appropriately by sending a technical expert to work with the parish's emergency operations center the morning of the release.
"I'm confident that we assessed the event correctly," he said.
In addition to last week's incident, Hrybyk said, the company reported airborne releases of fumes from the chemical on Oct. 20, 2008, and April 22, 2009, to the state Department of Environmental Quality.
"We are demanding that they come clean and say how much was released," Hrybyk said.
Michael Kernan, postmaster of the New Sarpy Post Office, said at the news conference that his eyes, nose and throat started to burn shortly after he arrived at work at 7 a.m.
"The St. Charles Parish maintenance unit was evacuated to St. Rose, but why didn't they evacuate the day-care center down the street?" Kernan said.
Day-care owner Deione Daniels said she and the 27 children at Deione's Early Learning Center were initially told that there was no health risk, even after she and her children started feeling symptoms.
"They told me the smell was really bad but that it was not hazardous," she said.
Ethyl acrylate can be smelled at concentrations of less than 1 part per billion, but isn't deemed toxic for a healthy adult until it reaches 30 parts per million.
The Oct. 20, 2008, release occurred when piping was being flushed; 9,587 pounds of material was released into the process sewer area because of "multiple valve failure." Because the area is open to the atmosphere, 168 pounds of the material evaporated over 14 hours, Dow's report to the Department of Environmental Quality said.
The company told the DEQ that the valves were not part of a preventive maintenance program, but one would be started in the future.
The April 22 incident released 24.8 pounds of ethyl acrylate into the atmosphere after a flaring system to vent vapors malfunctioned.
Scott Whelchel, St. Charles Parish's emergency preparedness director, said that the parish's emergency center operators must depend to some extent on information from industrial plants to recommend actions to protect the public.
The parish had bus drivers on standby throughout most of the week in case a large-scale evacuation was necessary, Whelchel said.
"The company has the expertise to tell us what is happening and what protective measures need to be taken," he said.
However, the parish's Emergency Operations Center logs show that its operators repeatedly pressed Dow for information on what was happening. It was the parish EOC that notified Dow of the stench wafting across the river after someone from Shell Chemical called in to report it shortly before 4 a.m.
Faucheux said that depending on the wind, the plant operators may not be aware of a problem if the site's perimeter air monitors don't go off.
Faucheux said Dow's priority is to let parish officials know immediately that something is going on, even as company personnel try to find out what is happening.
"It took us a little longer to nail down the issue, but as soon as we had something concrete, we shared it with the parish," he said.
This article was written by Matt Scallan of The Times Picayune
http://www.nola.com/news/t-p/riverparishes/index.ssf?/base/news-6/1247722269323830.xml&coll=1
Chemicals are used everyday in your home and at the workplace. Though most manufactures and property owners follow safety guidelines, toxic accidents are sometimes the result of negligence and/or intentional acts of corporate wrongdoers. Don't hesitate to call Murphy Law Firm if you have been exposed to harmful chemicals or toxins.
http://batonrougeinjuryaccidentattorney.com/chemical%20toxic%20exposure.html
Danish study looks at link between HRT, cancer
CHICAGO, July 14 (Reuters) - Menopausal women who took hormone replacement therapy increased their risk of ovarian cancer by 38 percent, Danish researchers reported on Tuesday.
The study of more than 900,000 Danish women aged 50 to 79 found about one extra ovarian cancer for roughly 8,300 women taking hormone therapy each year.
At the time they got sick, 9 percent of the women were taking hormone therapy, 22 percent were previous users and 63 percent did not take it. The researchers calculated that current hormone use conferred a 38 percent higher risk of contracting the disease compared to non-users over the eight-year study.
Hormone therapy was linked to 140 extra cases of ovarian cancer in Denmark during the eight-year study, accounting for 5 percent of all cases in that period, the researchers reported in the Journal of the American Medical Association.
"Even though this share seems low, ovarian cancer remains highly fatal, so accordingly this risk warrants consideration when deciding whether to use (hormone therapy)," wrote Lina Steinrud Morch and colleagues at Copenhagen University.
The findings were similar to those in the 2002 Women's Health Initiative study, which was stopped early because it found an increased risk of ovarian cancer, breast cancer, strokes and other health problems from hormone therapy or HRT.
HRT use plunged after the WHI study, and sales of U.S. market leader Wyeth's (WYE.N) combined estrogen-progestin therapy Prempro have fallen by 50 percent since 2001 to around $1 billion a year.
For women considering hormone therapy, "family history comes into play, and your own personal medical history certainly comes into play. Those risks have to be discussed with your doctor," said Wyeth's director of global medical affairs, Dr. Corrado Altomare, who was not involved in the Danish study.
The risks of ovarian cancer were about the same from hormone therapy regardless of the duration of use, the formulation of the hormones, the estrogen dose, or how it was administered, according to the study.
As in earlier studies, it found the cancer risk diminished about two years after therapy was stopped.
Ovarian cancer is difficult to detect before it spreads, and therefore is often fatal. Roughly 18 out of 100,000 U.S. women are diagnosed yearly with the disease, which killed 15,000 Americans in 2007, according to government statistics.
What causes cancer cells to appear in the ovaries in the first place is not known, but estrogen is believed to spur tumor growth and may be a trigger.
This post was written by Andrew Stern
http://www.reuters.com/article/euRegulatoryNews/idUSN1426894820090714
If you have suffered adverse side effects from defective medications, do not hesitate to call Murphy Law Firm.
http://www.batonrougeinjuryaccidentattorney.com/defective%20drugs.html
The study of more than 900,000 Danish women aged 50 to 79 found about one extra ovarian cancer for roughly 8,300 women taking hormone therapy each year.
At the time they got sick, 9 percent of the women were taking hormone therapy, 22 percent were previous users and 63 percent did not take it. The researchers calculated that current hormone use conferred a 38 percent higher risk of contracting the disease compared to non-users over the eight-year study.
Hormone therapy was linked to 140 extra cases of ovarian cancer in Denmark during the eight-year study, accounting for 5 percent of all cases in that period, the researchers reported in the Journal of the American Medical Association.
"Even though this share seems low, ovarian cancer remains highly fatal, so accordingly this risk warrants consideration when deciding whether to use (hormone therapy)," wrote Lina Steinrud Morch and colleagues at Copenhagen University.
The findings were similar to those in the 2002 Women's Health Initiative study, which was stopped early because it found an increased risk of ovarian cancer, breast cancer, strokes and other health problems from hormone therapy or HRT.
HRT use plunged after the WHI study, and sales of U.S. market leader Wyeth's (WYE.N) combined estrogen-progestin therapy Prempro have fallen by 50 percent since 2001 to around $1 billion a year.
For women considering hormone therapy, "family history comes into play, and your own personal medical history certainly comes into play. Those risks have to be discussed with your doctor," said Wyeth's director of global medical affairs, Dr. Corrado Altomare, who was not involved in the Danish study.
The risks of ovarian cancer were about the same from hormone therapy regardless of the duration of use, the formulation of the hormones, the estrogen dose, or how it was administered, according to the study.
As in earlier studies, it found the cancer risk diminished about two years after therapy was stopped.
Ovarian cancer is difficult to detect before it spreads, and therefore is often fatal. Roughly 18 out of 100,000 U.S. women are diagnosed yearly with the disease, which killed 15,000 Americans in 2007, according to government statistics.
What causes cancer cells to appear in the ovaries in the first place is not known, but estrogen is believed to spur tumor growth and may be a trigger.
This post was written by Andrew Stern
http://www.reuters.com/article/euRegulatoryNews/idUSN1426894820090714
If you have suffered adverse side effects from defective medications, do not hesitate to call Murphy Law Firm.
http://www.batonrougeinjuryaccidentattorney.com/defective%20drugs.html
Friday, July 10, 2009
Kolcraft recalls 1 million play yards
WASHINGTON, July 8 (UPI) -- The U.S. Consumer Product Safety Commission announced a voluntary recall of Kolcraft play yards due to a fall hazard.
The play yards include a side rail that can fail to close properly. The latches on the side rails can open unexpected, causing a child to fall, the commission said in in a statement.
About 1 million of the play yards made in China, Spain and Italy, were imported by Kolcraft Enterprises of Chicago, Ill., and sold nationwide between January 2000 and January 2009 for between $50 and $160.
The recall involves Kolcraft Travelin' Tot play yards manufactured for Carter's, Sesame Street, Jeep, Contures, Care Bare and Eric Carle, the commission said.
Consumers were advised to stop using the recalled play yards immediately and contact Kolcraft for a free repair kit.
Consumers can call 866-594-4208 for information.
Defective products harm millions of people each year. Manufacturers should be held responsible for design defects, improper safety devices and manufacturing defects.
Don't Be A Victim Twice!
http://www.batonrougeinjuryaccidentattorney.com/defective%20products.html
Tugboat pilot plan may have backfired
NEW ORLEANS — A federal program to recruit more tugboat pilots may have backfired by allowing thousands of novice captains to take the helm and contributing to a 25 percent increase in the number of accidents on the nation's rivers.
An Associated Press review of Coast Guard records indicates that the U.S. tugboat fleet is increasingly piloted by captains who have spent as little as one year in the wheelhouse.
"The system has failed," said David Whitehurst, a tug captain and member of the board of directors for the National Mariners Association, a national tug workers' group based in Houma, La.
"We have the highest horsepower in history, pushing more tonnage than ever in history, with the least knowledgeable personnel in history. It is a disaster. Look at the accidents we've had in the past few years."
Said Richard Block, secretary of the mariners' group: "You can't learn to run a towing vessel overnight, and some of these companies are simply rushing it too much."
Pushing or pulling barges piled high with freight, today's river tugboats are the 18-wheelers of the waterways, transporting all manner of goods such as oil, grain and chemicals.
At the start of the decade, the Coast Guard was under pressure from the shipping industry to revamp its training and licensing process for river pilots because an older generation of captains in their 50s was beginning to retire, creating a labor shortage.
The agency scrapped the time-honored "master's system" in which captains hand-selected rookies for pilot training. Instead, officials began allowing companies to pick trainees and pay for them to become "apprentice steersmen."
Under the new system, someone can get behind the controls of a tug after just a year, whereas the old arrangement required new pilots to spend years working their way up to the captain's seat.
In 2003, just 16 pilots were issued new apprentice towing licenses. By 2007, that number ballooned to 871, and last year to 885. The new pilots come cheap, too. An apprentice earns about $175 a day compared with $450 a day for a top-grade pilot.
But as the industry has added thousands of new pilots, the number of accidents involving tugs, barges and related vessels has jumped 25 percent, from 1,399 in 2003 to 1,754 in 2008.
And it's not because more goods are getting shipped. Over that same span, cargo volumes rose by only about 3 percent.
Capt. David Stalfort of the National Maritime Center, the Coast Guard's licensing branch, said the old master's licensing system had well-documented flaws. Before 1973, for example, tug licenses were not even required. And even after that, licenses were handed out to pilots with limited training.
The new system has done what it was designed to do. "The apprentice mate is an effective program to get people into the program," Stalfort said. "I wouldn't characterize it as people coming off the street."
But Whitehurst and others worry that the industry has become saturated with inexperienced pilots.
"I started out here when I was 14 years old, and I'm 58 now, and I'm still learning," Whitehurst said. "This is hands-on. The stuff we do cannot be put in a book.
"Over years of doing it, you develop a feel for what you're doing. You look at the surface of the water — the water lilies, the debris floating down the river, the channel-marking buoys. It is like a book with open pages, and as the old timers would say, you read it."
Some experts say there is not yet enough evidence to raise the alarm about apprentice pilots.
"Ask me in 2011," said Richard Wells, a retired Coast Guard license examiner. "I think we'll have a better idea whether this change in licensing was positive or negative as far as the accident rate."
The new pilots are supposed to be overseen by fully licensed helmsmen, but they often run boats alone. Requirements for log books, training and mechanical checkups are routinely ignored, mariners and experts said.
The Coast Guard has long been overwhelmed by the sheer volume of cargo on the nation's 25,000 miles of inland waterways. The agency has focused its efforts on bigger ships, which carry more cargo, and on fishing and recreational boats, which account for most accidents.
That leaves tugboats largely unpoliced.
The tugboat industry has "always been out of sight, out of mind," said Whitehurst, the tug captain. "The rails and trucking industry, they're in everybody's face. A towboat, they're isolated, they're behind the tree line."
For tugboat pilots, the cost of an error can be frightfully high.
When a towboat commanded by a sleep-deprived novice pilot pushed a fuel barge in front of a tanker in the New Orleans harbor, the collision sliced the fuel barge in half and spilled 283,000 gallons of oil.
The accident in the wee hours of July 23, 2008, caused one of the biggest oil spills in U.S. history, even though the tanker never ruptured.
John Paul Bavaret II, the man in the wheelhouse that night, held only an apprentice pilot's license. There should have been a fully licensed pilot with him. Bavaret (ba-vuh-RAY') told the Coast Guard he had routinely piloted vessels on his own, and that it was common practice at the company he worked for, DRD Towing Co. of Harvey, La.
Thomas A. Allegretti, the tug industry's leading lobbyist, characterized DRD as a rogue firm.
"No responsible operator is going to routinely participate in a practice of using unlicensed personnel in the wheelhouse," said Allegretti, whose group is called American Waterways Operators. "You would subject the safety of your crew, of your vessel, of your cargo, to enormous risk by doing that to say nothing about the attendant liability you face in terms of federal prosecution and accidents."
There have been other serious accidents involving novice pilots.
In 2005, an apprentice pilot misread warnings on the Ohio River outside Pittsburgh, and his boat and six barges plunged over a dam. Four mariners were killed.
And in 2003, a novice pilot steered a tugboat and its three tank barges into a railroad bridge on the Atchafalaya River in Louisiana, causing $210,000 in damage.
After the New Orleans accident, Congress called for action, and the tug industry moved to close some of its own loopholes.
The Coast Guard has started drawing up regulations for an improved inspection program and began the "Big Tow Operation," a nationwide effort to crack down on tugs that break the rules.
The Coast Guard is also training a new corps of 100 field inspectors specifically for tugs, hoping to examine the entire fleet.
"Most mariners want the boats inspected because it will make them safer," said Joel Milton, a New York-based tug captain and columnist for WorkBoat Magazine. "Companies would be more inclined to fix things."
This article was written by CAIN BURDEAU of theAssociated Press published on HoumaToday.com
http://www.houmatoday.com/article/20090708/ARTICLES/907089881/1211?Title=Tugboat-pilot-plan-may-have-backfired-
Many personal injuries are the result of boating accidents or collisions. Some examples of injuries that result from boating accidents are cervical and lumbar sprains, herniated and ruptured discs, fractures, knee injuries, brain damage, and paralysis. Victims of boating accidents may recover for pain and suffering, medical expenses, property damage, lost wages and loss of earning capacity.
Don't Be A Victim Twice!
http://www.batonrougeinjuryaccidentattorney.com/boating%20accidents.html
An Associated Press review of Coast Guard records indicates that the U.S. tugboat fleet is increasingly piloted by captains who have spent as little as one year in the wheelhouse.
"The system has failed," said David Whitehurst, a tug captain and member of the board of directors for the National Mariners Association, a national tug workers' group based in Houma, La.
"We have the highest horsepower in history, pushing more tonnage than ever in history, with the least knowledgeable personnel in history. It is a disaster. Look at the accidents we've had in the past few years."
Said Richard Block, secretary of the mariners' group: "You can't learn to run a towing vessel overnight, and some of these companies are simply rushing it too much."
Pushing or pulling barges piled high with freight, today's river tugboats are the 18-wheelers of the waterways, transporting all manner of goods such as oil, grain and chemicals.
At the start of the decade, the Coast Guard was under pressure from the shipping industry to revamp its training and licensing process for river pilots because an older generation of captains in their 50s was beginning to retire, creating a labor shortage.
The agency scrapped the time-honored "master's system" in which captains hand-selected rookies for pilot training. Instead, officials began allowing companies to pick trainees and pay for them to become "apprentice steersmen."
Under the new system, someone can get behind the controls of a tug after just a year, whereas the old arrangement required new pilots to spend years working their way up to the captain's seat.
In 2003, just 16 pilots were issued new apprentice towing licenses. By 2007, that number ballooned to 871, and last year to 885. The new pilots come cheap, too. An apprentice earns about $175 a day compared with $450 a day for a top-grade pilot.
But as the industry has added thousands of new pilots, the number of accidents involving tugs, barges and related vessels has jumped 25 percent, from 1,399 in 2003 to 1,754 in 2008.
And it's not because more goods are getting shipped. Over that same span, cargo volumes rose by only about 3 percent.
Capt. David Stalfort of the National Maritime Center, the Coast Guard's licensing branch, said the old master's licensing system had well-documented flaws. Before 1973, for example, tug licenses were not even required. And even after that, licenses were handed out to pilots with limited training.
The new system has done what it was designed to do. "The apprentice mate is an effective program to get people into the program," Stalfort said. "I wouldn't characterize it as people coming off the street."
But Whitehurst and others worry that the industry has become saturated with inexperienced pilots.
"I started out here when I was 14 years old, and I'm 58 now, and I'm still learning," Whitehurst said. "This is hands-on. The stuff we do cannot be put in a book.
"Over years of doing it, you develop a feel for what you're doing. You look at the surface of the water — the water lilies, the debris floating down the river, the channel-marking buoys. It is like a book with open pages, and as the old timers would say, you read it."
Some experts say there is not yet enough evidence to raise the alarm about apprentice pilots.
"Ask me in 2011," said Richard Wells, a retired Coast Guard license examiner. "I think we'll have a better idea whether this change in licensing was positive or negative as far as the accident rate."
The new pilots are supposed to be overseen by fully licensed helmsmen, but they often run boats alone. Requirements for log books, training and mechanical checkups are routinely ignored, mariners and experts said.
The Coast Guard has long been overwhelmed by the sheer volume of cargo on the nation's 25,000 miles of inland waterways. The agency has focused its efforts on bigger ships, which carry more cargo, and on fishing and recreational boats, which account for most accidents.
That leaves tugboats largely unpoliced.
The tugboat industry has "always been out of sight, out of mind," said Whitehurst, the tug captain. "The rails and trucking industry, they're in everybody's face. A towboat, they're isolated, they're behind the tree line."
For tugboat pilots, the cost of an error can be frightfully high.
When a towboat commanded by a sleep-deprived novice pilot pushed a fuel barge in front of a tanker in the New Orleans harbor, the collision sliced the fuel barge in half and spilled 283,000 gallons of oil.
The accident in the wee hours of July 23, 2008, caused one of the biggest oil spills in U.S. history, even though the tanker never ruptured.
John Paul Bavaret II, the man in the wheelhouse that night, held only an apprentice pilot's license. There should have been a fully licensed pilot with him. Bavaret (ba-vuh-RAY') told the Coast Guard he had routinely piloted vessels on his own, and that it was common practice at the company he worked for, DRD Towing Co. of Harvey, La.
Thomas A. Allegretti, the tug industry's leading lobbyist, characterized DRD as a rogue firm.
"No responsible operator is going to routinely participate in a practice of using unlicensed personnel in the wheelhouse," said Allegretti, whose group is called American Waterways Operators. "You would subject the safety of your crew, of your vessel, of your cargo, to enormous risk by doing that to say nothing about the attendant liability you face in terms of federal prosecution and accidents."
There have been other serious accidents involving novice pilots.
In 2005, an apprentice pilot misread warnings on the Ohio River outside Pittsburgh, and his boat and six barges plunged over a dam. Four mariners were killed.
And in 2003, a novice pilot steered a tugboat and its three tank barges into a railroad bridge on the Atchafalaya River in Louisiana, causing $210,000 in damage.
After the New Orleans accident, Congress called for action, and the tug industry moved to close some of its own loopholes.
The Coast Guard has started drawing up regulations for an improved inspection program and began the "Big Tow Operation," a nationwide effort to crack down on tugs that break the rules.
The Coast Guard is also training a new corps of 100 field inspectors specifically for tugs, hoping to examine the entire fleet.
"Most mariners want the boats inspected because it will make them safer," said Joel Milton, a New York-based tug captain and columnist for WorkBoat Magazine. "Companies would be more inclined to fix things."
This article was written by CAIN BURDEAU of theAssociated Press published on HoumaToday.com
http://www.houmatoday.com/article/20090708/ARTICLES/907089881/1211?Title=Tugboat-pilot-plan-may-have-backfired-
Many personal injuries are the result of boating accidents or collisions. Some examples of injuries that result from boating accidents are cervical and lumbar sprains, herniated and ruptured discs, fractures, knee injuries, brain damage, and paralysis. Victims of boating accidents may recover for pain and suffering, medical expenses, property damage, lost wages and loss of earning capacity.
Don't Be A Victim Twice!
http://www.batonrougeinjuryaccidentattorney.com/boating%20accidents.html
Monday, June 8, 2009
Mattel to Pay $2.3 Million Penalty for Toy Hazard
June 5 (Bloomberg) -- Mattel Inc. and its Fisher-Price subsidiary will pay a $2.3 million civil penalty in an agreement with the U.S. Consumer Product Safety Commission for selling Chinese-made toys with hazardous levels of lead.
The fine, the commission’s largest for a toymaker, involves 95 toy models, from Barbie accessories to “Sarge” cars, commission spokesman Scott Wolfson said today.
“This penalty should serve notice to toymakers that CPSC is committed to the safety of children, to reducing their exposure to lead and to the implementation of the Consumer Product Safety Improvement Act,” Thomas Moore, acting chairman of the commission, said in a statement.
Mattel, based in El Segundo, California, imported as many as 900,000 toys from September 2006 to August 2007 that violated rules on lead levels, the commission said. Fisher-Price, based in East Aurora, New York, imported as many as 1.1 million such toys, including Go Diego Go Rescue Boats and the Bongo Band, according to the commission.
Mattel “promptly took a series of steps after discovering compliance issues with some of our toys at that time,” the company said today in a statement. As part of the settlement, Mattel and Fisher-Price denied they knowingly violated federal law, as CSPC alleges, the consumer safety commission said.
The toymaker fell 11 cents to $16.35 at 4:15 p.m. in New York Stock Exchange composite trading and has risen 2.2 percent this year.
Elmo, Dora
Mattel recalled more than 21 million toys made in China, including Elmo Stacking Rings and Bedtime Dora, after they were found in 2007 to have lead paint or dangerous designs.
After the recalls by Mattel and other companies in 2007, Congress overhauled consumer regulations, effectively banning lead in toys, requiring the CPSC to hire more workers and boosting fines on sellers of dangerous products.
The lead-tainted toys contributed to debate in Congress over the safety of products imported from China, including milk products and the main ingredient in the medicine heparin. Chinese officials promised to improve oversight.
This article was written by Catherine Dodge and Allison Schwartz of bloomberg.com
http://www.bloomberg.com/apps/news?pid=newsarchive&sid=aDgBM4juwAbY
Defective products harm millions of people each year. Manufacturers should be held responsible for design defects, improper safety devices and manufacturing defects. Cases involving defective products may include: defects in cars, equipment at work, toys, sport utility vehicle rollovers, gas tank explosions, seat belt failures, improperly designed household products, industrial machinery & equipment, farm equipment, products causing explosions and burns, and aviation products.
Don't Be A Victim Twice!
http://batonrougeinjuryaccidentattorney.com/defective%20products.html
The fine, the commission’s largest for a toymaker, involves 95 toy models, from Barbie accessories to “Sarge” cars, commission spokesman Scott Wolfson said today.
“This penalty should serve notice to toymakers that CPSC is committed to the safety of children, to reducing their exposure to lead and to the implementation of the Consumer Product Safety Improvement Act,” Thomas Moore, acting chairman of the commission, said in a statement.
Mattel, based in El Segundo, California, imported as many as 900,000 toys from September 2006 to August 2007 that violated rules on lead levels, the commission said. Fisher-Price, based in East Aurora, New York, imported as many as 1.1 million such toys, including Go Diego Go Rescue Boats and the Bongo Band, according to the commission.
Mattel “promptly took a series of steps after discovering compliance issues with some of our toys at that time,” the company said today in a statement. As part of the settlement, Mattel and Fisher-Price denied they knowingly violated federal law, as CSPC alleges, the consumer safety commission said.
The toymaker fell 11 cents to $16.35 at 4:15 p.m. in New York Stock Exchange composite trading and has risen 2.2 percent this year.
Elmo, Dora
Mattel recalled more than 21 million toys made in China, including Elmo Stacking Rings and Bedtime Dora, after they were found in 2007 to have lead paint or dangerous designs.
After the recalls by Mattel and other companies in 2007, Congress overhauled consumer regulations, effectively banning lead in toys, requiring the CPSC to hire more workers and boosting fines on sellers of dangerous products.
The lead-tainted toys contributed to debate in Congress over the safety of products imported from China, including milk products and the main ingredient in the medicine heparin. Chinese officials promised to improve oversight.
This article was written by Catherine Dodge and Allison Schwartz of bloomberg.com
http://www.bloomberg.com/apps/news?pid=newsarchive&sid=aDgBM4juwAbY
Defective products harm millions of people each year. Manufacturers should be held responsible for design defects, improper safety devices and manufacturing defects. Cases involving defective products may include: defects in cars, equipment at work, toys, sport utility vehicle rollovers, gas tank explosions, seat belt failures, improperly designed household products, industrial machinery & equipment, farm equipment, products causing explosions and burns, and aviation products.
Don't Be A Victim Twice!
http://batonrougeinjuryaccidentattorney.com/defective%20products.html
Monday, June 1, 2009
Disney, tram-injured woman reach settlement
LOS ANGELES -- A Chinese woman who fell out of a moving Disneyland tram and suffered injuries that left her needing 24-hour medical supervision for the rest of her life has reached a settlement in a lawsuit she filed against the Walt Disney Co.
Lawyers for Qi Zhao and Disney reached the agreement Tuesday, bringing a two-week trial in Los Angeles County Superior Court to an abrupt end.
Details of the accord were not released.
Zhao, 48, filed her suit in 2007, alleging the tram driver was going too fast. She was riding the tram with two sisters and a niece. According to the complaint, one of the sisters fell from the King tram as it moved toward a parking lot.
Reacting to the fall, the other two sisters also fell out. One suffered minor injuries and Zhao hit her head on the pavement, suffering severe traumatic brain injuries and skull fractures and was in a coma for three weeks.
Her husband, Zuchun Wang, became a plaintiff last October, alleging loss of consortium.Zhao and her husband were born in China, but were living in Northern California when they visited the Anaheim theme park in February 2007.
Zhao is now being cared for in Beijing.Disney contended the tram was not moving too fast and had a device limiting its top speed to 11 mph.
Company officials said in a statement they were pleased to have resolved the case and said safety is their top priority.
The settlement came just as attorneys had begun their closing arguments. The judge told jurors of the resolution and dismissed them.
Zhao's two sisters settled their claims against Disney before the trial.
This article was provided by the Los Angeles Times
http://www.latimes.com/business/la-fiw-disney-tram28-2009may28,0,1892583.story
Sometimes accidents occur on the property of others either at their place of business or at their home. If the accident was caused by the negligence of the owner, then an individual may have a premises liability claim. If you have been injured resulting from someone's negligence, please contact our office.
http://www.batonrougeinjuryaccidentattorney.com/premiseliability.html
Lawyers for Qi Zhao and Disney reached the agreement Tuesday, bringing a two-week trial in Los Angeles County Superior Court to an abrupt end.
Details of the accord were not released.
Zhao, 48, filed her suit in 2007, alleging the tram driver was going too fast. She was riding the tram with two sisters and a niece. According to the complaint, one of the sisters fell from the King tram as it moved toward a parking lot.
Reacting to the fall, the other two sisters also fell out. One suffered minor injuries and Zhao hit her head on the pavement, suffering severe traumatic brain injuries and skull fractures and was in a coma for three weeks.
Her husband, Zuchun Wang, became a plaintiff last October, alleging loss of consortium.Zhao and her husband were born in China, but were living in Northern California when they visited the Anaheim theme park in February 2007.
Zhao is now being cared for in Beijing.Disney contended the tram was not moving too fast and had a device limiting its top speed to 11 mph.
Company officials said in a statement they were pleased to have resolved the case and said safety is their top priority.
The settlement came just as attorneys had begun their closing arguments. The judge told jurors of the resolution and dismissed them.
Zhao's two sisters settled their claims against Disney before the trial.
This article was provided by the Los Angeles Times
http://www.latimes.com/business/la-fiw-disney-tram28-2009may28,0,1892583.story
Sometimes accidents occur on the property of others either at their place of business or at their home. If the accident was caused by the negligence of the owner, then an individual may have a premises liability claim. If you have been injured resulting from someone's negligence, please contact our office.
http://www.batonrougeinjuryaccidentattorney.com/premiseliability.html
Thursday, May 28, 2009
City to Pay $2 Million in Death After Hospital Wait
New York City has agreed to pay $2 million to the family of a woman who died last year on the floor of the psychiatric emergency room at Kings County Hospital Center after waiting more than 24 hours to be treated.
A video showed the woman on the floor for more than an hour while workers at the city-run hospital did nothing to help her. It prompted widespread criticism, as well as pledges of reform.
The city’s Health and Hospitals Corporation accepted full responsibility for the death of the woman, Esmin Elizabeth Green, 49, and said it had taken steps to relieve crowding and increase the size of the staff to provide mental health services at the hospital.
The death came amid mounting concern over conditions in the psychiatric service at the hospital, the only mental health provider for many poor people in Brooklyn.
In May 2007, the New York Civil Liberties Union filed a lawsuit alleging abuse and neglect of psychiatric patients at the hospital, and later that year the federal Department of Justice began an investigation. In February 2009, the authorities issued a 58-page report that found, among other problems, that patients were not treated for suicidal behavior, were routinely subdued with physical restraints and drugs instead of receiving individualized psychiatric treatment, and were abused by other patients.
The report found that conditions at the psychiatric unit were “highly dangerous and require immediate attention.” It also concluded that in at least three cases, including Ms. Green’s, employees falsified records to hide their neglect.
Ms. Green had immigrated from Jamaica in the late 1990s to earn money for her six children back home. She had worked caring for the elderly and helping at a day care center for children before she lost her job. She suffered from depression. The medical examiner said her death was caused by blood clots that moved from her legs to her lungs.
On Wednesday, Sanford Rubenstein, a lawyer for Ms. Green’s family, called the settlement of the wrongful-death lawsuit, filed in State Supreme Court in Brooklyn, “fair and reasonable,” but said the family would keep pressing for accountability.
“What remains most important to this family is the criminal culpability for those responsible for what happened and those who attempted to cover it up, which continues, after all this time, to remain under investigation by the New York City Department of Investigation,” Mr. Rubenstein said in a statement. “In no way does this settlement affect that investigation, and the family remains adamant in its demands that anyone who committed a criminal act with regard to the death of Esmin Green or the attempt to cover it up be prosecuted criminally to the full extent of the law.”
Alan D. Aviles, president of the Health and Hospitals Corporation, said the settlement “is not meant to put a value on a life and the loss of a loved one.”
“That,” he said, “remains priceless.”
The hospital system said it had undertaken numerous reforms, including construction of a new Behavioral Health Center Pavilion; the addition of more than 200 doctors, nurses, psychologists, social workers and other staff members; a reduction in crowding in the psychiatric emergency room; and reduced reliance on hospital police officers to manage patients in crisis.
This article was written by Sewell Chan of The New York Times
http://www.nytimes.com/2009/05/28/nyregion/28settle.html?_r=1&ref=nyregion
If you have suffered the loss of a family member due to wrongful death, you do not have to be victim twice. Contact Murphy Law Firm to help you recover damages for your untimely loss of a loved one.
http://batonrougeinjuryaccidentattorney.com/wrongful%20death.html
A video showed the woman on the floor for more than an hour while workers at the city-run hospital did nothing to help her. It prompted widespread criticism, as well as pledges of reform.
The city’s Health and Hospitals Corporation accepted full responsibility for the death of the woman, Esmin Elizabeth Green, 49, and said it had taken steps to relieve crowding and increase the size of the staff to provide mental health services at the hospital.
The death came amid mounting concern over conditions in the psychiatric service at the hospital, the only mental health provider for many poor people in Brooklyn.
In May 2007, the New York Civil Liberties Union filed a lawsuit alleging abuse and neglect of psychiatric patients at the hospital, and later that year the federal Department of Justice began an investigation. In February 2009, the authorities issued a 58-page report that found, among other problems, that patients were not treated for suicidal behavior, were routinely subdued with physical restraints and drugs instead of receiving individualized psychiatric treatment, and were abused by other patients.
The report found that conditions at the psychiatric unit were “highly dangerous and require immediate attention.” It also concluded that in at least three cases, including Ms. Green’s, employees falsified records to hide their neglect.
Ms. Green had immigrated from Jamaica in the late 1990s to earn money for her six children back home. She had worked caring for the elderly and helping at a day care center for children before she lost her job. She suffered from depression. The medical examiner said her death was caused by blood clots that moved from her legs to her lungs.
On Wednesday, Sanford Rubenstein, a lawyer for Ms. Green’s family, called the settlement of the wrongful-death lawsuit, filed in State Supreme Court in Brooklyn, “fair and reasonable,” but said the family would keep pressing for accountability.
“What remains most important to this family is the criminal culpability for those responsible for what happened and those who attempted to cover it up, which continues, after all this time, to remain under investigation by the New York City Department of Investigation,” Mr. Rubenstein said in a statement. “In no way does this settlement affect that investigation, and the family remains adamant in its demands that anyone who committed a criminal act with regard to the death of Esmin Green or the attempt to cover it up be prosecuted criminally to the full extent of the law.”
Alan D. Aviles, president of the Health and Hospitals Corporation, said the settlement “is not meant to put a value on a life and the loss of a loved one.”
“That,” he said, “remains priceless.”
The hospital system said it had undertaken numerous reforms, including construction of a new Behavioral Health Center Pavilion; the addition of more than 200 doctors, nurses, psychologists, social workers and other staff members; a reduction in crowding in the psychiatric emergency room; and reduced reliance on hospital police officers to manage patients in crisis.
This article was written by Sewell Chan of The New York Times
http://www.nytimes.com/2009/05/28/nyregion/28settle.html?_r=1&ref=nyregion
If you have suffered the loss of a family member due to wrongful death, you do not have to be victim twice. Contact Murphy Law Firm to help you recover damages for your untimely loss of a loved one.
http://batonrougeinjuryaccidentattorney.com/wrongful%20death.html
Wednesday, May 27, 2009
Court lets stand $13M judgment against Chrysler
(05-26) 07:38 PDT WASHINGTON (AP) --
The Supreme Court has rejected a request from Chrysler to overturn a $13 million punitive damages award to the parents of an 8-month-old boy who died in the crash of a Dodge Caravan.
The justices without comment Tuesday left in place a ruling by the Tennessee Court upholding the damages against Chrysler LLC.
The lawsuit claimed 8-month-old Joshua Flax was riding in the back seat of a 1998 Dodge Caravan in Nashville, Tenn., in 2001 when the vehicle was rear-ended, causing the front passenger seat to collapse and the passenger to strike him, fracturing his skull.
A jury initially awarded Flax's parents $98 million in punitive damages in 2004, but the damages were later reduced. The family was also awarded $5 million in compensatory damages, which were upheld by an appeals court.
The third-largest U.S. automaker filed for bankruptcy protection in April.
The case is DaimlerChrysler Corp. v. Flax, 08-1010.
This article was provided by The San Francisco Chronicle
http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/05/26/national/w073811D49.DTL&type=business
Defective products harm millions of people each year. Manufacturers should be held responsible for design defects, improper safety devices and manufacturing defects. Cases involving defective products may include: defects in cars, equipment at work, toys, sport utility vehicle rollovers, gas tank explosions, seat belt failures, improperly designed household products, industrial machinery & equipment, farm equipment, products causing explosions and burns, and aviation products. It’s always important to save the defective product or have an attorney quickly investigate and preserve any remaining evidence.
http://www.batonrougeinjuryaccidentattorney.com/defective%20products.html
The Supreme Court has rejected a request from Chrysler to overturn a $13 million punitive damages award to the parents of an 8-month-old boy who died in the crash of a Dodge Caravan.
The justices without comment Tuesday left in place a ruling by the Tennessee Court upholding the damages against Chrysler LLC.
The lawsuit claimed 8-month-old Joshua Flax was riding in the back seat of a 1998 Dodge Caravan in Nashville, Tenn., in 2001 when the vehicle was rear-ended, causing the front passenger seat to collapse and the passenger to strike him, fracturing his skull.
A jury initially awarded Flax's parents $98 million in punitive damages in 2004, but the damages were later reduced. The family was also awarded $5 million in compensatory damages, which were upheld by an appeals court.
The third-largest U.S. automaker filed for bankruptcy protection in April.
The case is DaimlerChrysler Corp. v. Flax, 08-1010.
This article was provided by The San Francisco Chronicle
http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/05/26/national/w073811D49.DTL&type=business
Defective products harm millions of people each year. Manufacturers should be held responsible for design defects, improper safety devices and manufacturing defects. Cases involving defective products may include: defects in cars, equipment at work, toys, sport utility vehicle rollovers, gas tank explosions, seat belt failures, improperly designed household products, industrial machinery & equipment, farm equipment, products causing explosions and burns, and aviation products. It’s always important to save the defective product or have an attorney quickly investigate and preserve any remaining evidence.
http://www.batonrougeinjuryaccidentattorney.com/defective%20products.html
Some Acid-Reflux Drugs Tied to Pneumonia
A growing number of hospital patients are routinely given drugs to prevent acid reflux. But a new study has found that patients who take these so-called proton pump inhibitors are at higher risk for pneumonia than those who do not.
The drugs — including Nexium, Prilosec and Prevacid — are often recommended for intensive-care patients to prevent stress ulcers, and in recent years they have been given to many other hospital patients, in large part because they are widely perceived to be safe. Experts estimate that 40 percent to 70 percent of inpatients now receive acid-suppressive drugs during a hospital stay, with about half receiving them for the first time.
“I noticed that there were a lot of patients being placed on these for prophylactic purposes, and I thought that was curious because they are not currently recommended for patients who aren’t at high risk for stress ulcers,” said the study’s lead author, Dr. Shoshana J. Herzig, chief medical resident at Beth Israel Deaconess Medical Center in Boston, explaining why she was interested in the subject.
Dr. Herzig said that proton pump inhibitors, which suppress acid in the stomach, might promote the growth of different types of bacteria in the upper gastrointestinal and respiratory tract, and that those bacteria might be the culprits in the pneumonias. Another explanation, she suggested, may be that acid stimulates coughing, and coughing less may promote pneumonia.
The study, published in The Journal of the American Medical Association this week, analyzed 63,878 admissions to Beth Israel Deaconess from Jan. 1, 2004, to Dec. 31, 2007. All of the records belonged to adults hospitalized for three days or more, who had not been in intensive care. Acid-suppressive drugs were ordered for just over half of the patients.
Among patients who received the drugs, 4.9 percent developed pneumonia in the hospital — more than double the 2 percent who had not been given the drugs. After adjusting to account for the fact that recipients of the drugs may have been sicker to begin with, the researchers determined that patients treated with acid-reflux drugs faced a 30 percent increase in pneumonia risk over patients who were not.
The increase in pneumonia was not seen among patients who took a type of acid-reflux drug known as histamine-2 receptor antagonists, sold under names like Pepcid and Zantac.
A spokesman for AstraZeneca, which makes Nexium, also known as “the purple pill,” said the study had limitations and could not definitively show that the drug caused excess pneumonia.
Earlier reports have linked proton pump inhibitors to other complications, including community-acquired pneumonia, hip fractures and diarrhea associated with Clostridium difficile.
Although the drugs are used to prevent stress ulcers, “a lot of people don’t need to be on them in the first place, and they’re sent home on them and stay on them,” said Dr. Joel J. Heidelbaugh of the University of Michigan. He added that such inappropriate use of the drugs drove up the costs of health care.
This article was written by Roni Caryn Rabin of the New York Times
http://www.nytimes.com/2009/05/27/health/27drugs.html?ref=health
The attorneys at Murphy Law Firm represent the victims of defective drugs. The lawyers do not represent drug-manufacturing companies. If you have suffered an illness due to a defective drug, you do not have to be a victim twice. Contact the attorneys at Murphy Law Firm to help you receive compensation for the injuries you have sustained from taking a defective drug. Our lawyers will take the case to trial if necessary.
http://www.batonrougeinjuryaccidentattorney.com/defective%20drugs.html
The drugs — including Nexium, Prilosec and Prevacid — are often recommended for intensive-care patients to prevent stress ulcers, and in recent years they have been given to many other hospital patients, in large part because they are widely perceived to be safe. Experts estimate that 40 percent to 70 percent of inpatients now receive acid-suppressive drugs during a hospital stay, with about half receiving them for the first time.
“I noticed that there were a lot of patients being placed on these for prophylactic purposes, and I thought that was curious because they are not currently recommended for patients who aren’t at high risk for stress ulcers,” said the study’s lead author, Dr. Shoshana J. Herzig, chief medical resident at Beth Israel Deaconess Medical Center in Boston, explaining why she was interested in the subject.
Dr. Herzig said that proton pump inhibitors, which suppress acid in the stomach, might promote the growth of different types of bacteria in the upper gastrointestinal and respiratory tract, and that those bacteria might be the culprits in the pneumonias. Another explanation, she suggested, may be that acid stimulates coughing, and coughing less may promote pneumonia.
The study, published in The Journal of the American Medical Association this week, analyzed 63,878 admissions to Beth Israel Deaconess from Jan. 1, 2004, to Dec. 31, 2007. All of the records belonged to adults hospitalized for three days or more, who had not been in intensive care. Acid-suppressive drugs were ordered for just over half of the patients.
Among patients who received the drugs, 4.9 percent developed pneumonia in the hospital — more than double the 2 percent who had not been given the drugs. After adjusting to account for the fact that recipients of the drugs may have been sicker to begin with, the researchers determined that patients treated with acid-reflux drugs faced a 30 percent increase in pneumonia risk over patients who were not.
The increase in pneumonia was not seen among patients who took a type of acid-reflux drug known as histamine-2 receptor antagonists, sold under names like Pepcid and Zantac.
A spokesman for AstraZeneca, which makes Nexium, also known as “the purple pill,” said the study had limitations and could not definitively show that the drug caused excess pneumonia.
Earlier reports have linked proton pump inhibitors to other complications, including community-acquired pneumonia, hip fractures and diarrhea associated with Clostridium difficile.
Although the drugs are used to prevent stress ulcers, “a lot of people don’t need to be on them in the first place, and they’re sent home on them and stay on them,” said Dr. Joel J. Heidelbaugh of the University of Michigan. He added that such inappropriate use of the drugs drove up the costs of health care.
This article was written by Roni Caryn Rabin of the New York Times
http://www.nytimes.com/2009/05/27/health/27drugs.html?ref=health
The attorneys at Murphy Law Firm represent the victims of defective drugs. The lawyers do not represent drug-manufacturing companies. If you have suffered an illness due to a defective drug, you do not have to be a victim twice. Contact the attorneys at Murphy Law Firm to help you receive compensation for the injuries you have sustained from taking a defective drug. Our lawyers will take the case to trial if necessary.
http://www.batonrougeinjuryaccidentattorney.com/defective%20drugs.html
Has insurance coverage shrunk?
COLUMBUS — Let’s face it: When it comes to auto insurance policies, nobody really reads all that fine print.
But it’s in the hard-to-decipher clauses that Ohio’s insurance carriers are shrinking insurance protection, leaving drivers uncovered or under-covered in common accident scenarios, according to a report by the Ohio Association for Justice, a trade group of trial attorneys.
“Ohioans would be shocked to learn that their full coverage auto policy is often useless when they need it the most: after a serious accident to a family member or loved one,” the report said.
The association detailed how legislative changes and court decisions during the past eight years have favored the insurance industry.
“Consumers need to be aware that their full coverage policy is probably meaningless in a whole host of situations,” said Brian Wilson, an attorney in Canton. “They need to ask their agents some hard questions.”
Wilson estimated that fewer than 5 percent of consumers actually read and understand the fine print in insurance policies, which are typically mailed out weeks after they are purchased.
The Ohio Association for Justice focused on three common exclusions found in auto insurance policies that are designed to limit payouts on claims:
Family Exclusion: Relatives are barred from collecting money under the policy’s liability coverage if another family member is at fault. Example: Dad loses control of the car and seriously injures his wife and two children. Although their policy includes $500,000 in liability coverage and $5,000 per person in medical payments, the family can collect only $15,000 in medical payments.
Immunity Exclusion: Emergency vehicles responding to emergency calls are immune from liability under Ohio law. Example: You’re clobbered at an intersection by a fire truck with its lights and siren on and your family is seriously injured. You can’t sue the fire department and because of a 2007 court decision you can no longer file an uninsured motorist claim with your own carrier.
Non-Duplication Clause: Drivers may pay separate premiums for different coverage, such as liability, uninsured motorist and medical payments but that doesn’t mean they can collect on all three. Example: Jane is injured by an uninsured drunken driver and has $30,000 in medical bills. She bought medical payment coverage of $25,000 and uninsured motorist coverage of $50,000. Her insurer pays out $25,000 for medical bills but later when she files a $50,000 uninsured motorist claim, her carrier subtracts what they paid in medical bills and sends her a check for another $25,000 instead of $50,000.
This article was written by Laura A. Bischoff, staff writer for the Daily Dayton News
http://www.daytondailynews.com/news/dayton-news/has-insurance-coverage-shrunk-127844.html
Dealing with insurance companies after an auto accident can be a difficult task. Make sure you know your rights. Don't Be A Victim Twice! Contact us at 225-928-8800 if you feel that your insurance company is not treating you fairly. Do not let them try to deny your claim or try to underpay you for your claim.
http://www.batonrougeinjuryaccidentattorney.com/auto_insurance.html
But it’s in the hard-to-decipher clauses that Ohio’s insurance carriers are shrinking insurance protection, leaving drivers uncovered or under-covered in common accident scenarios, according to a report by the Ohio Association for Justice, a trade group of trial attorneys.
“Ohioans would be shocked to learn that their full coverage auto policy is often useless when they need it the most: after a serious accident to a family member or loved one,” the report said.
The association detailed how legislative changes and court decisions during the past eight years have favored the insurance industry.
“Consumers need to be aware that their full coverage policy is probably meaningless in a whole host of situations,” said Brian Wilson, an attorney in Canton. “They need to ask their agents some hard questions.”
Wilson estimated that fewer than 5 percent of consumers actually read and understand the fine print in insurance policies, which are typically mailed out weeks after they are purchased.
The Ohio Association for Justice focused on three common exclusions found in auto insurance policies that are designed to limit payouts on claims:
Family Exclusion: Relatives are barred from collecting money under the policy’s liability coverage if another family member is at fault. Example: Dad loses control of the car and seriously injures his wife and two children. Although their policy includes $500,000 in liability coverage and $5,000 per person in medical payments, the family can collect only $15,000 in medical payments.
Immunity Exclusion: Emergency vehicles responding to emergency calls are immune from liability under Ohio law. Example: You’re clobbered at an intersection by a fire truck with its lights and siren on and your family is seriously injured. You can’t sue the fire department and because of a 2007 court decision you can no longer file an uninsured motorist claim with your own carrier.
Non-Duplication Clause: Drivers may pay separate premiums for different coverage, such as liability, uninsured motorist and medical payments but that doesn’t mean they can collect on all three. Example: Jane is injured by an uninsured drunken driver and has $30,000 in medical bills. She bought medical payment coverage of $25,000 and uninsured motorist coverage of $50,000. Her insurer pays out $25,000 for medical bills but later when she files a $50,000 uninsured motorist claim, her carrier subtracts what they paid in medical bills and sends her a check for another $25,000 instead of $50,000.
This article was written by Laura A. Bischoff, staff writer for the Daily Dayton News
http://www.daytondailynews.com/news/dayton-news/has-insurance-coverage-shrunk-127844.html
Dealing with insurance companies after an auto accident can be a difficult task. Make sure you know your rights. Don't Be A Victim Twice! Contact us at 225-928-8800 if you feel that your insurance company is not treating you fairly. Do not let them try to deny your claim or try to underpay you for your claim.
http://www.batonrougeinjuryaccidentattorney.com/auto_insurance.html
Tuesday, May 26, 2009
Jindal backing cycle helmet repeal law
Louisiana should get rid of its law requiring adult motorcyclists to wear helmets, a House committee voted Tuesday, after hearing that Gov. Bobby Jindal supports the repeal.
The House Transportation Committee passed without objection Rep. Jim Morris' bill after hearing testimony from the governor's top lawyer, executive counsel Jimmy Faircloth, that the Jindal administration considers helmet use a choice that adults should be allowed to make for themselves.
Earlier Tuesday, Jindal told reporters that government should let people make such decisions.
"I would certainly recommend people wear a helmet. If I rode a motorcycle, I would certainly wear a helmet. I also feel it's important that people have a right, that adults have a right to make choices for themselves," Jindal said.
"I think we want to be very careful about the slippery slope to a nanny state."
No one spoke in opposition to the measure by Morris, R-Shreveport, which moves next to the House floor. Morris said he expects other lawmakers to propose floor amendments that would require bikers to have a minimum level of health insurance if they chose to forego helmets.
The Senate's health committee blocked a similar proposal last year.
On the Internet: House Bill 639 can be viewed at http://legis.state.la.us/
This article was published by The Advocate
http://www.2theadvocate.com/news/46109927.html
If you or a loved one is a victim of a motorcycle accident, call the Baton Rouge attorneys at Murphy Law Firm 225-928-8800.
http://www.peytonmurphy.com/motorcycle%20accidents.html
The House Transportation Committee passed without objection Rep. Jim Morris' bill after hearing testimony from the governor's top lawyer, executive counsel Jimmy Faircloth, that the Jindal administration considers helmet use a choice that adults should be allowed to make for themselves.
Earlier Tuesday, Jindal told reporters that government should let people make such decisions.
"I would certainly recommend people wear a helmet. If I rode a motorcycle, I would certainly wear a helmet. I also feel it's important that people have a right, that adults have a right to make choices for themselves," Jindal said.
"I think we want to be very careful about the slippery slope to a nanny state."
No one spoke in opposition to the measure by Morris, R-Shreveport, which moves next to the House floor. Morris said he expects other lawmakers to propose floor amendments that would require bikers to have a minimum level of health insurance if they chose to forego helmets.
The Senate's health committee blocked a similar proposal last year.
On the Internet: House Bill 639 can be viewed at http://legis.state.la.us/
This article was published by The Advocate
http://www.2theadvocate.com/news/46109927.html
If you or a loved one is a victim of a motorcycle accident, call the Baton Rouge attorneys at Murphy Law Firm 225-928-8800.
http://www.peytonmurphy.com/motorcycle%20accidents.html
Thursday, May 21, 2009
J&J Is Sued Over Alleged Carcinogens in Baby Shampoo
May 18 (Bloomberg) -- Johnson & Johnson, the world’s largest maker of health-care products, and other manufacturers were sued over claims they distributed shampoos and soaps containing carcinogens.
The lawsuit, filed May 15 in federal court in Newark, New Jersey, claims J&J, Procter & Gamble Co. and other companies sold personal-care products containing formaldehyde and other compounds known to cause cancer, according to Mary Garner, a spokeswoman for the law firm Keller Rohrback LLP. Those products include Johnson’s Baby Shampoo, according to a statement.
“Dozens of top-selling children’s bath and personal care products are contaminated with the cancer-causing chemicals,” the law firm said in the statement.
Jeffrey Leebaw, a J&J spokesman, didn’t immediately return a call seeking comment after regular business hours.
J&J, based in New Brunswick, New Jersey, had $63.7 billion in sales last year.
J&J rose 64 cents, or 1.2 percent, to $56.05 in New York Stock Exchange composite trading. The stock has fallen 6.3 percent this year.
Vercellono v. Johnson & Johnson, U.S. District Court, District of New Jersey (Newark).
This article was written by Joel Rosenblatt on Bloomberg.com
http://www.bloomberg.com/apps/news?pid=newsarchive&sid=aWYP6.osJg8k
Defective products harm millions of people each year. Manufacturers should be held responsible for design defects, improper safety devices and manufacturing defects. Cases involving defective products may include: defects in cars, equipment at work, toys, sport utility vehicle rollovers, gas tank explosions, seat belt failures, improperly designed household products, industrial machinery & equipment, farm equipment, products causing explosions and burns, and aviation products. It’s always important to save the defective product or have an attorney quickly investigate and preserve any remaining evidence.
Don't Be A Victim Twice!
http://www.batonrougeinjuryaccidentattorney.com/defective%20products.html
The lawsuit, filed May 15 in federal court in Newark, New Jersey, claims J&J, Procter & Gamble Co. and other companies sold personal-care products containing formaldehyde and other compounds known to cause cancer, according to Mary Garner, a spokeswoman for the law firm Keller Rohrback LLP. Those products include Johnson’s Baby Shampoo, according to a statement.
“Dozens of top-selling children’s bath and personal care products are contaminated with the cancer-causing chemicals,” the law firm said in the statement.
Jeffrey Leebaw, a J&J spokesman, didn’t immediately return a call seeking comment after regular business hours.
J&J, based in New Brunswick, New Jersey, had $63.7 billion in sales last year.
J&J rose 64 cents, or 1.2 percent, to $56.05 in New York Stock Exchange composite trading. The stock has fallen 6.3 percent this year.
Vercellono v. Johnson & Johnson, U.S. District Court, District of New Jersey (Newark).
This article was written by Joel Rosenblatt on Bloomberg.com
http://www.bloomberg.com/apps/news?pid=newsarchive&sid=aWYP6.osJg8k
Defective products harm millions of people each year. Manufacturers should be held responsible for design defects, improper safety devices and manufacturing defects. Cases involving defective products may include: defects in cars, equipment at work, toys, sport utility vehicle rollovers, gas tank explosions, seat belt failures, improperly designed household products, industrial machinery & equipment, farm equipment, products causing explosions and burns, and aviation products. It’s always important to save the defective product or have an attorney quickly investigate and preserve any remaining evidence.
Don't Be A Victim Twice!
http://www.batonrougeinjuryaccidentattorney.com/defective%20products.html
Ex-athlete awarded $40 million in lawsuit
Former Hamburg High School diving champion Thomas Smolinski, who was paralyzed in a car crash 10 years ago, was awarded $40 million Friday by a jury.
A jury of three women and three men deliberated two days — following a four-week trial before State Supreme Court Justice Joseph R. Glownia— before issuing a verdict against Ford Motor Credit Co. and Smolinski’s older brother, Matthew, 37, of Buffalo.
The jury held Matthew Smolinski and the Ford Motor subsidiary equally liable for the rollover of a Ford Explorer, owned by Ford Motor Credit and driven by Matthew Smolinski in Leon, Cattaraugus County, on Nov. 20, 1999.
Attorney Anne Beltz Rimmler said her client, Thomas Smolinski, now 33, suffered “devastating” spinal injuries from the accident that left him paralyzed and confined to a wheelchair “and having to rely on others for his daily care.”
“I’m really delighted that Tom will get the care and treatment he’ll need,” Beltz Rimmler said of the award.
Beltz Rimmler said her client married in June 2002 and is the father of twin girls, almost a year old. He briefly coached diving at Niagara University for a time after the accident, but his injuries forced him to resign, she said.
At the time of the accident Smolinski had just graduated from Cleveland State University with a degree in marketing and communication, and had achieved Academic All-American status in springboard diving in Division 1 athletics, Beltz Rimmler said.
The lawsuit has left the relationship between the Smolinski brothers “strained,” the attorney said.
This article was written by Matt Gryta of The Buffalo News
http://www.buffalonews.com/cityregion/story/614658.html
Defective products harm millions of people each year. Manufacturers should be held responsible for design defects, improper safety devices and manufacturing defects. Cases involving defective products may include: defects in cars, equipment at work, toys, sport utility vehicle rollovers, gas tank explosions, seat belt failures, improperly designed household products, industrial machinery & equipment, farm equipment, products causing explosions and burns, and aviation products. It’s always important to save the defective product or have an attorney quickly investigate and preserve any remaining evidence. The National Highway Traffic Safety Administration ( NHTSA ) reports that 8,000 injuries and deaths each year are attributable to defective tires on vehicles. The issue of tire defects was highlighted in 2000 by the recall of some 14 million Bridgestone and Firestone tires after the NHTSA established a link between the tires and hundreds of accidents involving the popular Ford Explorer.
Don't Be A Victim Twice!
http://www.batonrougeinjuryaccidentattorney.com/auto%20injury%20accidents.html
http://www.batonrougeinjuryaccidentattorney.com/defective%20products.html
A jury of three women and three men deliberated two days — following a four-week trial before State Supreme Court Justice Joseph R. Glownia— before issuing a verdict against Ford Motor Credit Co. and Smolinski’s older brother, Matthew, 37, of Buffalo.
The jury held Matthew Smolinski and the Ford Motor subsidiary equally liable for the rollover of a Ford Explorer, owned by Ford Motor Credit and driven by Matthew Smolinski in Leon, Cattaraugus County, on Nov. 20, 1999.
Attorney Anne Beltz Rimmler said her client, Thomas Smolinski, now 33, suffered “devastating” spinal injuries from the accident that left him paralyzed and confined to a wheelchair “and having to rely on others for his daily care.”
“I’m really delighted that Tom will get the care and treatment he’ll need,” Beltz Rimmler said of the award.
Beltz Rimmler said her client married in June 2002 and is the father of twin girls, almost a year old. He briefly coached diving at Niagara University for a time after the accident, but his injuries forced him to resign, she said.
At the time of the accident Smolinski had just graduated from Cleveland State University with a degree in marketing and communication, and had achieved Academic All-American status in springboard diving in Division 1 athletics, Beltz Rimmler said.
The lawsuit has left the relationship between the Smolinski brothers “strained,” the attorney said.
This article was written by Matt Gryta of The Buffalo News
http://www.buffalonews.com/cityregion/story/614658.html
Defective products harm millions of people each year. Manufacturers should be held responsible for design defects, improper safety devices and manufacturing defects. Cases involving defective products may include: defects in cars, equipment at work, toys, sport utility vehicle rollovers, gas tank explosions, seat belt failures, improperly designed household products, industrial machinery & equipment, farm equipment, products causing explosions and burns, and aviation products. It’s always important to save the defective product or have an attorney quickly investigate and preserve any remaining evidence. The National Highway Traffic Safety Administration ( NHTSA ) reports that 8,000 injuries and deaths each year are attributable to defective tires on vehicles. The issue of tire defects was highlighted in 2000 by the recall of some 14 million Bridgestone and Firestone tires after the NHTSA established a link between the tires and hundreds of accidents involving the popular Ford Explorer.
Don't Be A Victim Twice!
http://www.batonrougeinjuryaccidentattorney.com/auto%20injury%20accidents.html
http://www.batonrougeinjuryaccidentattorney.com/defective%20products.html
Deaths reported in Terrebonne boating accident
HOUMA, La. (AP) - Authorities in Terrebonne Parish are investigating a fatal boating accident.
The state Department of Wildlife and Fisheries say its agents have confirmed three deaths and are investigating reports that a fourth person is unaccounted for.
The accident happened Thursday morning on the Falgout canal. Thomas Gresham, a spokesman for Wildlife and Fisheries, says the type of boat involved has not been confirmed.
This articles was provided by 2theadvocate.com
http://www.2theadvocate.com/news/45680672.html
Boating deaths are often caused by capsizing and falling overboard. Capsizing occurs when a boat either turns on its side or turns completely over. Boating collisions are occurring more frequently because of faster boats and more boats traveling in the water. If someone you know as been involved in an boating accident. Please contact us.
Don't Be A Victim Twice!
http://www.batonrougeinjuryaccidentattorney.com/boating%20accidents.html
The state Department of Wildlife and Fisheries say its agents have confirmed three deaths and are investigating reports that a fourth person is unaccounted for.
The accident happened Thursday morning on the Falgout canal. Thomas Gresham, a spokesman for Wildlife and Fisheries, says the type of boat involved has not been confirmed.
This articles was provided by 2theadvocate.com
http://www.2theadvocate.com/news/45680672.html
Boating deaths are often caused by capsizing and falling overboard. Capsizing occurs when a boat either turns on its side or turns completely over. Boating collisions are occurring more frequently because of faster boats and more boats traveling in the water. If someone you know as been involved in an boating accident. Please contact us.
Don't Be A Victim Twice!
http://www.batonrougeinjuryaccidentattorney.com/boating%20accidents.html
Tuesday, May 19, 2009
3 Baton Rouge men killed in boating accident
NEW ROADS — State and parish authorities today are searching for the bodies of three Baton Rouge men in a boating accident late Saturday on False River.
Louisiana Department of Wildlife and Fisheries officials said Sterling Forbes, 22, Christopher W. Austin, 20, and Brian Doherty, 21, were killed in the collision.
A fourth man in the boat with the men, Brian Lummen, 21, also of Baton Rouge, survived, said Col. Winton Vidrine of the state Department of Wildlife and Fisheries.
Four people in the second boat, Jerry Jordan, 53, and his wife, Brenda, 50, of Lafayette, and Tommy Doucet, 52 and his wife, Marlene, 52 of Oakdale, also survived, authorities said.
Tommy Doucet was critically injured in the accident and taken to Our Lady of the Lake Regional Medical Center in Baton Rouge, said Pointe Coupee Parish Sheriff’s Capt. Steve Juge.Family members of the victims were on the scene.
This article was written by Steve Ward, an Advocate Staff Writer
http://www.2theadvocate.com/news/45231202.html
Boating deaths are often caused by capsizing and falling overboard. Capsizing occurs when a boat either turns on its side or turns completely over. Boating collisions are occurring more frequently because of faster boats and more boats traveling in the water. If someone you know as been involved in an boating accident. Please contact us.
Don't Be A Victim Twice
http://www.batonrougeinjuryaccidentattorney.com/boating%20accidents.html
Louisiana Department of Wildlife and Fisheries officials said Sterling Forbes, 22, Christopher W. Austin, 20, and Brian Doherty, 21, were killed in the collision.
A fourth man in the boat with the men, Brian Lummen, 21, also of Baton Rouge, survived, said Col. Winton Vidrine of the state Department of Wildlife and Fisheries.
Four people in the second boat, Jerry Jordan, 53, and his wife, Brenda, 50, of Lafayette, and Tommy Doucet, 52 and his wife, Marlene, 52 of Oakdale, also survived, authorities said.
Tommy Doucet was critically injured in the accident and taken to Our Lady of the Lake Regional Medical Center in Baton Rouge, said Pointe Coupee Parish Sheriff’s Capt. Steve Juge.Family members of the victims were on the scene.
This article was written by Steve Ward, an Advocate Staff Writer
http://www.2theadvocate.com/news/45231202.html
Boating deaths are often caused by capsizing and falling overboard. Capsizing occurs when a boat either turns on its side or turns completely over. Boating collisions are occurring more frequently because of faster boats and more boats traveling in the water. If someone you know as been involved in an boating accident. Please contact us.
Don't Be A Victim Twice
http://www.batonrougeinjuryaccidentattorney.com/boating%20accidents.html
Wednesday, May 13, 2009
Deputy killed in crash with 18-wheeler
Four members of the Beauregard Parish SWAT team were involved in an accident in Caddo parish.
According to Beauregard Parish Sheriff's Officer Joe Toler, they were attending a training exercise and were on their way back to their hotel when he says an 18-wheeler pulled out in front of them causing their suburban to collide with the rig. The suburban was wedged under the big rig.
The Caddo Sheriff's Office confirms that one of the deputies, 34-year-old Robert Beane of Merryville was killed. Det. Beane, a 14 year member of the Department, served in Corrections, Patrol and Detective Division. He was also a member of the Dive team, Swat Team and Golf Team.
Toler says 3 members in that vehicle are now at LSU Medical Center in Shreveport.
The officers were expected back from their training on Friday.
This was reported by KPLC - NBC affliate of Lake Charles, LA
http://www.kplctv.com/global/story.asp?s=10308815
If you or someone that you know has been hurt in a 18 wheeler, big rig, or trucking accident of any variety, Murphy Law Firm can help.
Don't Be A Victim Twice!
http://www.batonrougeinjuryaccidentattorney.com/18-wheeler%20accidents.html
According to Beauregard Parish Sheriff's Officer Joe Toler, they were attending a training exercise and were on their way back to their hotel when he says an 18-wheeler pulled out in front of them causing their suburban to collide with the rig. The suburban was wedged under the big rig.
The Caddo Sheriff's Office confirms that one of the deputies, 34-year-old Robert Beane of Merryville was killed. Det. Beane, a 14 year member of the Department, served in Corrections, Patrol and Detective Division. He was also a member of the Dive team, Swat Team and Golf Team.
Toler says 3 members in that vehicle are now at LSU Medical Center in Shreveport.
The officers were expected back from their training on Friday.
This was reported by KPLC - NBC affliate of Lake Charles, LA
http://www.kplctv.com/global/story.asp?s=10308815
If you or someone that you know has been hurt in a 18 wheeler, big rig, or trucking accident of any variety, Murphy Law Firm can help.
Don't Be A Victim Twice!
http://www.batonrougeinjuryaccidentattorney.com/18-wheeler%20accidents.html
The road to AIG's ugly, ugly bailout
WASHINGTON (CNNMoney.com) -- So how did it come to this? How did American International Group go from insurance giant to national outcast?
While the government is propping up dozens of companies left teetering from one of the worst recessions in decades, AIG has emerged as the most reviled by far.
It wasn't always that way for AIG -- once revered and even feared as the world's largest insurance company.
But that was before AIG sucked up $170 billion worth of taxpayer dollars and doled out millions in bonuses to some of the very employees responsible for its own demise.
The Obama administration doesn't like the bonuses and says it will move to recoup $165 million in tax dollars used to pay them. Senate Democrats are pushing proposals to drop a heavy tax on the executive payments, many of which topped $1 million.
"AIG's attitude represents everything that's wrong with Wall Street -- greed and perhaps even corruption," said Senate Majority Leader Harry Reid, D-Nev.
The controversy went before a key House panel on Wednesday. AIG Chief Executive Edward Liddy, who took office in September after the government stepped in, was set to face tough questions -- questions about the bonuses, the bailout and the future of the company that has become public enemy no. 1.
Birth of a bailout
AIG insured everything from life to cars and homes. It had $1 trillion in assets, $110 billion in revenue and 74 million customers. The trouble started with a London-based subsidiary called AIG Financial Products that worked on deals that looked and acted like insurance, but wasn't considered insurance.
During the real estate boom, investment firms were buying and selling securities backed by pieces of mortgages. The firms paid AIG Financial Products to back up the investments. If the investments turned south, AIG promised to make up the difference.
The entire system was based on the assumption that everything wouldn't go bad at the same time.
AIG was selling what are known as credit default swaps. While credit default swaps sound like insurance, they didn't have to be watched by the government in the way that insurance does.
"They were selling an insurance type product that isn't called insurance so it wasn't regulated like insurance," Andrew Barile, a California insurance consultant. "By calling it a credit default swap, you have invented a new product, but it's no different than insurance."
Guess what? The worst case scenario happened and many of the investments did go bad with the collapse of the real estate market. Suddenly, AIG didn't have enough money to pay back all the promises it had made to back up all the investments.
The government -- the Bush administration and Federal Reserve -- decided to step in with the bailout last September. AIG had gotten tangled up with many banks and investment firms across the globe. If AIG didn't pay up, the global financial system might have collapsed, policymakers said.
AIG, under pressure from officials, only recently revealed to the public that it had passed on billions of dollars in federal money to investment firms like Goldman Sachs (GS, Fortune 500) and Merrill Lynch that had bought the financial backup policies.
All told, the government has poured $170 billion into the AIG (AIG, Fortune 500) bailout.
From the beginning, the point was to keep AIG out of bankruptcy and afloat long enough so its dangerous financial bets could be unwound and its valuable units sold off to raise cash to pay back Uncle Sam.
What the bonus controversy is really about
Last Friday, AIG paid out about $165 million in bonus checks to employees who worked in the troubled AIG Financial Products unit. The bonuses were part of a larger package, some $450 million due to these employees in 2008-2009.
New York state Attorney General Andrew Cuomo on Tuesday said that 73 employees got more than $1 million each, including 11 people who don't even work for AIG anymore.
President Obama says he wants to try to get the bonus money back. Turns out, it can't be done so easily.
Treasury chief Tim Geithner says he found out about the bonuses last week, although AIG revealed in regulatory filings last year that it was giving such bonuses. The contracts had been set up months before the government became a nearly 80% owner in the company. Treasury's lawyers said it would be legally difficult to block the bonuses.
The best Treasury said it could do right now is to ensure that the public coffers get reimbursed for all the bonuses on top of all the other money AIG owes. Treasury says it will add a reimbursement provision to latest deal to pump another $30 billion into AIG.
In the meantime, Congress is itching to get involved. Senate Democrats are talking about legislation to tax the heck out of the bonuses. Two key senators on Tuesday said they would try to impose a big tax on retention bonuses paid to executives of companies that received bailout money or in which the United States has an equity interest.
Next steps
The government's endgame is to keep AIG's troubles from further damaging the markets and to get its money back. Many questions remain about the future of the company and the government's role as part-owner, part-watchdog, part-sugar daddy.
For now at least, the bonus controversy is stealing the show. AIG executive Liddy is expected to get an earful on the topic when he goes before the House Financial Services subcommittee on Wednesday.
But Liddy will also talk about his efforts to make sure the government gets its money back. AIG is working to unravel its credit default swaps. And the company has valuable subsidiaries that could be sold. That's certainly what the government hopes. It has $170 billion so far riding on it.
This article was written by Jennifer Liberto, CNNMoney.com senior writer
http://money.cnn.com/2009/03/18/news/companies/aig_primer/index.htm
At Murphy Law Firm, our experienced personal injury attorneys will act as your representative to insurance companies and to others involved in the claim process. Remember, most insurance companies follow the “three D’s”, Deny, Delay and Defend. Deny you were hurt, delay handling your claim and defend their decision in drawn-out court battles. Make sure you walk away with a fair settlement.
Don't Be Victim Twice!
http://www.batonrougeinjuryaccidentattorney.com/index.html
While the government is propping up dozens of companies left teetering from one of the worst recessions in decades, AIG has emerged as the most reviled by far.
It wasn't always that way for AIG -- once revered and even feared as the world's largest insurance company.
But that was before AIG sucked up $170 billion worth of taxpayer dollars and doled out millions in bonuses to some of the very employees responsible for its own demise.
The Obama administration doesn't like the bonuses and says it will move to recoup $165 million in tax dollars used to pay them. Senate Democrats are pushing proposals to drop a heavy tax on the executive payments, many of which topped $1 million.
"AIG's attitude represents everything that's wrong with Wall Street -- greed and perhaps even corruption," said Senate Majority Leader Harry Reid, D-Nev.
The controversy went before a key House panel on Wednesday. AIG Chief Executive Edward Liddy, who took office in September after the government stepped in, was set to face tough questions -- questions about the bonuses, the bailout and the future of the company that has become public enemy no. 1.
Birth of a bailout
AIG insured everything from life to cars and homes. It had $1 trillion in assets, $110 billion in revenue and 74 million customers. The trouble started with a London-based subsidiary called AIG Financial Products that worked on deals that looked and acted like insurance, but wasn't considered insurance.
During the real estate boom, investment firms were buying and selling securities backed by pieces of mortgages. The firms paid AIG Financial Products to back up the investments. If the investments turned south, AIG promised to make up the difference.
The entire system was based on the assumption that everything wouldn't go bad at the same time.
AIG was selling what are known as credit default swaps. While credit default swaps sound like insurance, they didn't have to be watched by the government in the way that insurance does.
"They were selling an insurance type product that isn't called insurance so it wasn't regulated like insurance," Andrew Barile, a California insurance consultant. "By calling it a credit default swap, you have invented a new product, but it's no different than insurance."
Guess what? The worst case scenario happened and many of the investments did go bad with the collapse of the real estate market. Suddenly, AIG didn't have enough money to pay back all the promises it had made to back up all the investments.
The government -- the Bush administration and Federal Reserve -- decided to step in with the bailout last September. AIG had gotten tangled up with many banks and investment firms across the globe. If AIG didn't pay up, the global financial system might have collapsed, policymakers said.
AIG, under pressure from officials, only recently revealed to the public that it had passed on billions of dollars in federal money to investment firms like Goldman Sachs (GS, Fortune 500) and Merrill Lynch that had bought the financial backup policies.
All told, the government has poured $170 billion into the AIG (AIG, Fortune 500) bailout.
From the beginning, the point was to keep AIG out of bankruptcy and afloat long enough so its dangerous financial bets could be unwound and its valuable units sold off to raise cash to pay back Uncle Sam.
What the bonus controversy is really about
Last Friday, AIG paid out about $165 million in bonus checks to employees who worked in the troubled AIG Financial Products unit. The bonuses were part of a larger package, some $450 million due to these employees in 2008-2009.
New York state Attorney General Andrew Cuomo on Tuesday said that 73 employees got more than $1 million each, including 11 people who don't even work for AIG anymore.
President Obama says he wants to try to get the bonus money back. Turns out, it can't be done so easily.
Treasury chief Tim Geithner says he found out about the bonuses last week, although AIG revealed in regulatory filings last year that it was giving such bonuses. The contracts had been set up months before the government became a nearly 80% owner in the company. Treasury's lawyers said it would be legally difficult to block the bonuses.
The best Treasury said it could do right now is to ensure that the public coffers get reimbursed for all the bonuses on top of all the other money AIG owes. Treasury says it will add a reimbursement provision to latest deal to pump another $30 billion into AIG.
In the meantime, Congress is itching to get involved. Senate Democrats are talking about legislation to tax the heck out of the bonuses. Two key senators on Tuesday said they would try to impose a big tax on retention bonuses paid to executives of companies that received bailout money or in which the United States has an equity interest.
Next steps
The government's endgame is to keep AIG's troubles from further damaging the markets and to get its money back. Many questions remain about the future of the company and the government's role as part-owner, part-watchdog, part-sugar daddy.
For now at least, the bonus controversy is stealing the show. AIG executive Liddy is expected to get an earful on the topic when he goes before the House Financial Services subcommittee on Wednesday.
But Liddy will also talk about his efforts to make sure the government gets its money back. AIG is working to unravel its credit default swaps. And the company has valuable subsidiaries that could be sold. That's certainly what the government hopes. It has $170 billion so far riding on it.
This article was written by Jennifer Liberto, CNNMoney.com senior writer
http://money.cnn.com/2009/03/18/news/companies/aig_primer/index.htm
At Murphy Law Firm, our experienced personal injury attorneys will act as your representative to insurance companies and to others involved in the claim process. Remember, most insurance companies follow the “three D’s”, Deny, Delay and Defend. Deny you were hurt, delay handling your claim and defend their decision in drawn-out court battles. Make sure you walk away with a fair settlement.
Don't Be Victim Twice!
http://www.batonrougeinjuryaccidentattorney.com/index.html
Monday, May 11, 2009
CDC says mesothelioma deaths on the rise
The Centers for Disease Control reports that deaths from mesothelioma are rising in the United States.
This week's Morbidity and Mortality Weekly Report covered mesothelioma fatalities over the past several years.
The CDC counted 18000 mesothelioma deaths in the US over the seven-year period from 1999 to 2005, with 2704 deaths in 2005. The number of malignant mesothelioma fatalities is rising year to year in rough proportion to the population: the annual death rate has been steady at about 14 per million.
The agency expects the number of mesothelioma deaths to peak next year, and to begin to decline, as the improvements in safety and reduction in asbestos use instituted decades ago payoff. The latency period of mesothelioma can be decades long, so even though asbestos is used less widely today, people continue to get mesothelioma due to their exposure in the past.
The writers of the report admit a limitation in their analysis is the lack of asbestos exposure history on death certificates and a general dearth of information on work history.
Consistent with their public health mission, the CDC states "maintenance, renovation, or demolition activities that might disturb asbestos should be performed with precautions." The Mesothelioma Web has been relaying this advice for years.
Previous analysis by the National Institute of Occupational Safety and Health found high rates of mesothelioma among people who worked in ship building, chemicals, refining, and construction.
The full text of the Morbidity and Mortality Weekly Report is on-line at:
http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5815a3.htm?s_cid=mm5815a3_x
This articles was provided by MesotheliomaWeb.org
http://www.mesotheliomaweb.org/apr200924a.htm
Many distributors and manufacturers of asbestos- containing products knew about the dangers of asbestos as early as the 1930’s and 1940’s, yet hid this information from the public. Today, workers and their families are paying the price and are entitled to compensation. If you believe you may be at risk, first seek medical attention then consult a personal injury attorney.
Don't Be A Victim Twice!
http://www.batonrougeinjuryaccidentattorney.com/mesothelioma.html
This week's Morbidity and Mortality Weekly Report covered mesothelioma fatalities over the past several years.
The CDC counted 18000 mesothelioma deaths in the US over the seven-year period from 1999 to 2005, with 2704 deaths in 2005. The number of malignant mesothelioma fatalities is rising year to year in rough proportion to the population: the annual death rate has been steady at about 14 per million.
The agency expects the number of mesothelioma deaths to peak next year, and to begin to decline, as the improvements in safety and reduction in asbestos use instituted decades ago payoff. The latency period of mesothelioma can be decades long, so even though asbestos is used less widely today, people continue to get mesothelioma due to their exposure in the past.
The writers of the report admit a limitation in their analysis is the lack of asbestos exposure history on death certificates and a general dearth of information on work history.
Consistent with their public health mission, the CDC states "maintenance, renovation, or demolition activities that might disturb asbestos should be performed with precautions." The Mesothelioma Web has been relaying this advice for years.
Previous analysis by the National Institute of Occupational Safety and Health found high rates of mesothelioma among people who worked in ship building, chemicals, refining, and construction.
The full text of the Morbidity and Mortality Weekly Report is on-line at:
http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5815a3.htm?s_cid=mm5815a3_x
This articles was provided by MesotheliomaWeb.org
http://www.mesotheliomaweb.org/apr200924a.htm
Many distributors and manufacturers of asbestos- containing products knew about the dangers of asbestos as early as the 1930’s and 1940’s, yet hid this information from the public. Today, workers and their families are paying the price and are entitled to compensation. If you believe you may be at risk, first seek medical attention then consult a personal injury attorney.
Don't Be A Victim Twice!
http://www.batonrougeinjuryaccidentattorney.com/mesothelioma.html
3 arrested in nursing home deaths in Lake Isabella, CA
In an elder abuse case described by one investigator as the most outrageous he has ever seen, three former top managers at a Kern County nursing home have been arrested in the deaths of three residents who allegedly were given needless doses of psychotropic medications.
The state attorney general's office contended in a criminal complaint that more than 20 residents at a skilled nursing center run by the Kern Valley Healthcare District were drugged "for staff convenience." Many of them experienced side effects that included dramatic weight loss, slurred speech, tremors, loss of cognition and even psychosis, according to the complaint.
Arraignment is scheduled this morning for the center's one-time medical director, Dr. Hoshang M. Pormir, former nursing director Gwen D. Hughes and former chief pharmacist Debbi C. Hayes. They were jailed in Bakersfield on Wednesday.
"These people maliciously violated the trust of their patients by holding them down and forcibly administering psychotropic medications if they dared to question their care," state Atty. Gen. Jerry Brown said.
All three have been charged with elder abuse. Hughes and Hayes, who are accused of administering shots by force and without consent, also face charges of assault with a deadly weapon.
The complaint paints a bleak picture of a facility dominated by nursing director Hughes, 55, who is accused of seeking to drug all but the most docile residents. Medical director Pormir, 48, allegedly rubber-stamped Hughes' orders for medication, failed to examine patients and was "either willfully or naively ignorant" of his proper role, according to the complaint. Pharmacist Hayes, 51, told investigators that she went along because Hughes had wide experience in psychiatric hospitals, the complaint says.
Hughes had been fired from a convalescent home in Fresno in 1999 for allegedly overmedicating patients there, according to state officials.
At the Kern Valley facility in Lake Isabella, she ordered medications when the elderly residents -- most of whom had dementia or Alzheimer's -- glared at her or spoke disrespectfully, according to Samuel Obair, a pharmacist who helped in the state's investigation.
"It is beyond appalling to me," he told state officials. "I have never gone into a facility and seen psychotropic medications and mood stabilizers . . . being used on so many patients, and so blatantly" without a legitimate diagnosis or careful documentation.
Among the drugs used for "chemical restraint" were Zyprexa, Depakote and Risperdal, according to the complaint. All may have benefits for certain elderly patients but carry a higher risk of damaging side effects for the frail than for the population as a whole.
Fannie May Brinkley, a woman in her 90s, might have lived another year or two had she not been given the anti-seizure drug Depakote, according to Kathryn Locatell, a physician who consulted for the state. But the drug "triggered a series of events, compounded by nursing neglect" that led to her death on Dec. 23, 2006, according to Locatell's account.
An attorney for Brinkley's family said the family didn't know how she died until a nurse who used to work at the care center tipped them off.
Phyllis Peters, Brinkley's daughter, ran into the nurse at a grocery store about a year after her mother died, said Daniel Rodriguez, an attorney representing the family in a lawsuit. The drug was allegedly administered because Brinkley wanted to go to the dining room when she wasn't supposed to be there, he said.
"The way they put a stop to that was to dope her up," he said. "She became dehydrated and lethargic and didn't want to eat. That's what did her in."
After being given Depakote and two other drugs, Joseph Shepter lost 20% of his weight in three months, became severely dehydrated, developed an infected heel ulcer and came down with pneumonia, the complaint says. The drugs "played a major role in this downhill course," Locatell said.
Shepter died Jan. 4, 2007, at 76 -- only hours after the staff realized how ill he was, according to the complaint.
Alexander Zaiko, 85, arrived at the care center Sept. 12, 2006, and died eight days later. His dosage of Zyprexa had been increased and he was given Depakote for his dementia, the complaint says.
Other residents were placed on medication for behavior Hughes deemed inappropriate, according to the complaint. It says that one woman's food was sprinkled with Depakote because she refused to eat outside her bedroom, and that another was injected with Zyprexa after throwing her milk in the dining room.
In giving such medications, nursing homes are governed by strict Medicare guidelines and protocols from professional organizations, said Freddi Segal-Gidan, a gerontologist who teaches at USC.
"You have to have a targeted symptom," she said. "You have to document what the behavior is, and that you've tried alternatives to medication."
Dr. Martin Schwartz, president of the American Geriatrics Society's California chapter, said "there's been a great movement afoot to get away" from psychotropic drugs
"For people trained in geriatrics, medicine like that is a last resort, generally speaking," he said.
The charges came after an investigation that started in January 2007, when an ombudsman complained to the state Department of Public Health. The district fired Hughes after a tenure of only five months. Hayes later left, but Pormir still works as a district physician.
The district would not comment on specific allegations, but issued a statement indicating that it "will not tolerate any behavior by employees that jeopardizes the safety of our patients." It said that state inspections since January 2007 have found no major problems.
This article was written by Steve Chawkins of The Los Angeles Times
http://articles.latimes.com/2009/feb/20/local/me-nursing-home-deaths20
The Journal of the American Medical Association (JAMA) reports that around 225,000 Americans die from medical errors per year. An individual may have a medical malpractice action if the doctor or other healthcare provider gave the patient the wrong medicine or the wrong dosage, failed to diagnose a medical condition, made the wrong diagnosis, failed to get informed consent, made errors during surgery, left items inside the patient after surgery, or committed nursing home abuse.
Don't Be A Victim Twice!
http://www.batonrougeinjuryaccidentattorney.com/medical%20malpractice.html
The state attorney general's office contended in a criminal complaint that more than 20 residents at a skilled nursing center run by the Kern Valley Healthcare District were drugged "for staff convenience." Many of them experienced side effects that included dramatic weight loss, slurred speech, tremors, loss of cognition and even psychosis, according to the complaint.
Arraignment is scheduled this morning for the center's one-time medical director, Dr. Hoshang M. Pormir, former nursing director Gwen D. Hughes and former chief pharmacist Debbi C. Hayes. They were jailed in Bakersfield on Wednesday.
"These people maliciously violated the trust of their patients by holding them down and forcibly administering psychotropic medications if they dared to question their care," state Atty. Gen. Jerry Brown said.
All three have been charged with elder abuse. Hughes and Hayes, who are accused of administering shots by force and without consent, also face charges of assault with a deadly weapon.
The complaint paints a bleak picture of a facility dominated by nursing director Hughes, 55, who is accused of seeking to drug all but the most docile residents. Medical director Pormir, 48, allegedly rubber-stamped Hughes' orders for medication, failed to examine patients and was "either willfully or naively ignorant" of his proper role, according to the complaint. Pharmacist Hayes, 51, told investigators that she went along because Hughes had wide experience in psychiatric hospitals, the complaint says.
Hughes had been fired from a convalescent home in Fresno in 1999 for allegedly overmedicating patients there, according to state officials.
At the Kern Valley facility in Lake Isabella, she ordered medications when the elderly residents -- most of whom had dementia or Alzheimer's -- glared at her or spoke disrespectfully, according to Samuel Obair, a pharmacist who helped in the state's investigation.
"It is beyond appalling to me," he told state officials. "I have never gone into a facility and seen psychotropic medications and mood stabilizers . . . being used on so many patients, and so blatantly" without a legitimate diagnosis or careful documentation.
Among the drugs used for "chemical restraint" were Zyprexa, Depakote and Risperdal, according to the complaint. All may have benefits for certain elderly patients but carry a higher risk of damaging side effects for the frail than for the population as a whole.
Fannie May Brinkley, a woman in her 90s, might have lived another year or two had she not been given the anti-seizure drug Depakote, according to Kathryn Locatell, a physician who consulted for the state. But the drug "triggered a series of events, compounded by nursing neglect" that led to her death on Dec. 23, 2006, according to Locatell's account.
An attorney for Brinkley's family said the family didn't know how she died until a nurse who used to work at the care center tipped them off.
Phyllis Peters, Brinkley's daughter, ran into the nurse at a grocery store about a year after her mother died, said Daniel Rodriguez, an attorney representing the family in a lawsuit. The drug was allegedly administered because Brinkley wanted to go to the dining room when she wasn't supposed to be there, he said.
"The way they put a stop to that was to dope her up," he said. "She became dehydrated and lethargic and didn't want to eat. That's what did her in."
After being given Depakote and two other drugs, Joseph Shepter lost 20% of his weight in three months, became severely dehydrated, developed an infected heel ulcer and came down with pneumonia, the complaint says. The drugs "played a major role in this downhill course," Locatell said.
Shepter died Jan. 4, 2007, at 76 -- only hours after the staff realized how ill he was, according to the complaint.
Alexander Zaiko, 85, arrived at the care center Sept. 12, 2006, and died eight days later. His dosage of Zyprexa had been increased and he was given Depakote for his dementia, the complaint says.
Other residents were placed on medication for behavior Hughes deemed inappropriate, according to the complaint. It says that one woman's food was sprinkled with Depakote because she refused to eat outside her bedroom, and that another was injected with Zyprexa after throwing her milk in the dining room.
In giving such medications, nursing homes are governed by strict Medicare guidelines and protocols from professional organizations, said Freddi Segal-Gidan, a gerontologist who teaches at USC.
"You have to have a targeted symptom," she said. "You have to document what the behavior is, and that you've tried alternatives to medication."
Dr. Martin Schwartz, president of the American Geriatrics Society's California chapter, said "there's been a great movement afoot to get away" from psychotropic drugs
"For people trained in geriatrics, medicine like that is a last resort, generally speaking," he said.
The charges came after an investigation that started in January 2007, when an ombudsman complained to the state Department of Public Health. The district fired Hughes after a tenure of only five months. Hayes later left, but Pormir still works as a district physician.
The district would not comment on specific allegations, but issued a statement indicating that it "will not tolerate any behavior by employees that jeopardizes the safety of our patients." It said that state inspections since January 2007 have found no major problems.
This article was written by Steve Chawkins of The Los Angeles Times
http://articles.latimes.com/2009/feb/20/local/me-nursing-home-deaths20
The Journal of the American Medical Association (JAMA) reports that around 225,000 Americans die from medical errors per year. An individual may have a medical malpractice action if the doctor or other healthcare provider gave the patient the wrong medicine or the wrong dosage, failed to diagnose a medical condition, made the wrong diagnosis, failed to get informed consent, made errors during surgery, left items inside the patient after surgery, or committed nursing home abuse.
Don't Be A Victim Twice!
http://www.batonrougeinjuryaccidentattorney.com/medical%20malpractice.html
FDA implementing stricter warnings for over the counter medicine
April 28, 2009 -- The FDA has implemented new rules requiring stronger and more extensive label warnings about the risk of liver damage and stomach bleeding for people taking common over-the-counter pain relievers.
The FDA's Matthew Ray Holman, PhD, says the new warnings are necessary "to raise consumer awareness about the potential for liver damage when using acetaminophen (such as Tylenol) and the potential for stomach bleeding when using [a nonsteroidal anti-inflammatory drug]," commonly called an NSAID. NSAIDs include aspirin, ibuprofen, naproxen, and ketoprofen.
Holman says within a year over-the counter- medications containing acetaminophen or NSAIDs must carry bolder warnings about risks such as stomach bleeding and liver damage.
"The regulations affect much of the U.S. population because over-the-counter pain relievers and fever reducers are some of the most commonly used drugs," he said during a teleconference.
For products containing acetaminophen, labels must bear the medication's name "prominently" and in highlighted text on the front, says Holman, deputy director of the FDA's Division of Nonprescription Regulation Development.
Plus, acetaminophen products must explain in the warnings section that "severe liver damage may occur if you take more than the maximum number of daily dosage units in 24 hours, if you take with other drugs containing acetaminophen, and if you take three or more alcoholic drinks every day while using this product."
Because so many over-the-counter and prescription medications contain acetaminophen, the FDA says it is also requiring this warning: "Do not use with any other drug containing acetaminophen, prescription or nonprescription. If you are not sure whether a drug contains acetaminophen, ask a doctor or pharmacist."
Acetaminophen Risks
Holman says consumers with liver disease are at increased risk of damage when using acetaminophen, and therefore, containers should also instruct people to ask a doctor before using the product.
"The new regulations also require a new warning for consumers taking the blood thinning drug warfarin to ask a doctor or pharmacist before using acetaminophen," he says. "Warfarin is a prescription drug, and the prescription labeling includes a warning that acetaminophen can interfere with the blood thinning action of warfarin."
He says the FDA is aware of cases in which patients had excessive bleeding when using warfarin and acetaminophen and that people taking both should consult a doctor.
Products introduced within one year from July 28, 2009, must include the statement, "see new warnings information," on front labels.
NSAID Risks
As for NSAIDs, the new regulations require front labels to instruct users to see new warnings that products contain the ingredient.
"Every over-the-counter product containing an NSAID will have to include a bolded stomach bleeding warning at the beginning of the warnings section in the drug facts panel," Holman says.
This warning must read: "This product contains a nonsteroidal anti-inflammatory drug (NSAID), which may cause severe stomach bleeding. The chance is higher if you are age 60 or older, have had stomach ulcers or bleeding problems, take a blood thinning or steroid drug, take other drugs containing prescription or nonprescription NSAIDs, have three or more alcoholic drinks every day using this product, take more or for a longer time than directed."
Warnings for Patients
The new regulations also require a separate warning instructing consumers to ask their doctors if the stomach bleeding warning applies to them, he says.
The rules also warn patients to stop use of medications if they experience signs of stomach bleeding, which including vomiting blood, feeling faint, having bloody or black stools, or stomach pains that do not get better.
The rules are intended "to reduce the incidence and seriousness of liver damage caused by acetaminophen and stomach bleeding caused by NSAIDs."
Shanthi Sitaraman, MD, a professor of digestive diseases at Emory University School of Medicine in Atlanta, tells WebMD the FDA's action is long overdue.
"Of two major causes of GI bleeding, NSAIDs is No. 1," she says. And NSAIDs can worsen stomach bleeding from other causes, she says.
Industry Making Changes
Barbara Kochanowski, PhD, and vice president of regulatory affairs for the Consumer Healthcare Products Association (CHPA)in Washington, says its member companies already are "committed to ensuring their medicines' labeling is the most comprehensive and possible.
"CHPA member companies voluntarily have begun implementing many of the label changes included in the final rule ... well ahead of the April 28, 2010, implementation deadline," she says in a news release.
"Our top priority is the safe and effective use of our products, and we will continue to work with the U.S. Food and Drug Administration to ensure that consumers have the information they need on drug facts labels and elsewhere to get the most benefit from OTC medicines."
Charles Ganley, MD, director of the FDA's office of new drugs, says changes in package warnings generally takes at least six months.
This article was written by Bill Hendrick of WebMD.com
http://www.webmd.com/pain-management/news/20090428/fda-issues-new-warnings-painkillers
Many illnesses result from consumption of defective drugs. If you have suffered an illness due to a defective or mislabeled drug, contact the attorneys at Murphy Law Firm to help you receive compensation for the injuries you have sustained from taking a defective drug.
Don't Be A Victim Twice!
http://www.batonrougeinjuryaccidentattorney.com/defective%20drugs.html
The FDA's Matthew Ray Holman, PhD, says the new warnings are necessary "to raise consumer awareness about the potential for liver damage when using acetaminophen (such as Tylenol) and the potential for stomach bleeding when using [a nonsteroidal anti-inflammatory drug]," commonly called an NSAID. NSAIDs include aspirin, ibuprofen, naproxen, and ketoprofen.
Holman says within a year over-the counter- medications containing acetaminophen or NSAIDs must carry bolder warnings about risks such as stomach bleeding and liver damage.
"The regulations affect much of the U.S. population because over-the-counter pain relievers and fever reducers are some of the most commonly used drugs," he said during a teleconference.
For products containing acetaminophen, labels must bear the medication's name "prominently" and in highlighted text on the front, says Holman, deputy director of the FDA's Division of Nonprescription Regulation Development.
Plus, acetaminophen products must explain in the warnings section that "severe liver damage may occur if you take more than the maximum number of daily dosage units in 24 hours, if you take with other drugs containing acetaminophen, and if you take three or more alcoholic drinks every day while using this product."
Because so many over-the-counter and prescription medications contain acetaminophen, the FDA says it is also requiring this warning: "Do not use with any other drug containing acetaminophen, prescription or nonprescription. If you are not sure whether a drug contains acetaminophen, ask a doctor or pharmacist."
Acetaminophen Risks
Holman says consumers with liver disease are at increased risk of damage when using acetaminophen, and therefore, containers should also instruct people to ask a doctor before using the product.
"The new regulations also require a new warning for consumers taking the blood thinning drug warfarin to ask a doctor or pharmacist before using acetaminophen," he says. "Warfarin is a prescription drug, and the prescription labeling includes a warning that acetaminophen can interfere with the blood thinning action of warfarin."
He says the FDA is aware of cases in which patients had excessive bleeding when using warfarin and acetaminophen and that people taking both should consult a doctor.
Products introduced within one year from July 28, 2009, must include the statement, "see new warnings information," on front labels.
NSAID Risks
As for NSAIDs, the new regulations require front labels to instruct users to see new warnings that products contain the ingredient.
"Every over-the-counter product containing an NSAID will have to include a bolded stomach bleeding warning at the beginning of the warnings section in the drug facts panel," Holman says.
This warning must read: "This product contains a nonsteroidal anti-inflammatory drug (NSAID), which may cause severe stomach bleeding. The chance is higher if you are age 60 or older, have had stomach ulcers or bleeding problems, take a blood thinning or steroid drug, take other drugs containing prescription or nonprescription NSAIDs, have three or more alcoholic drinks every day using this product, take more or for a longer time than directed."
Warnings for Patients
The new regulations also require a separate warning instructing consumers to ask their doctors if the stomach bleeding warning applies to them, he says.
The rules also warn patients to stop use of medications if they experience signs of stomach bleeding, which including vomiting blood, feeling faint, having bloody or black stools, or stomach pains that do not get better.
The rules are intended "to reduce the incidence and seriousness of liver damage caused by acetaminophen and stomach bleeding caused by NSAIDs."
Shanthi Sitaraman, MD, a professor of digestive diseases at Emory University School of Medicine in Atlanta, tells WebMD the FDA's action is long overdue.
"Of two major causes of GI bleeding, NSAIDs is No. 1," she says. And NSAIDs can worsen stomach bleeding from other causes, she says.
Industry Making Changes
Barbara Kochanowski, PhD, and vice president of regulatory affairs for the Consumer Healthcare Products Association (CHPA)in Washington, says its member companies already are "committed to ensuring their medicines' labeling is the most comprehensive and possible.
"CHPA member companies voluntarily have begun implementing many of the label changes included in the final rule ... well ahead of the April 28, 2010, implementation deadline," she says in a news release.
"Our top priority is the safe and effective use of our products, and we will continue to work with the U.S. Food and Drug Administration to ensure that consumers have the information they need on drug facts labels and elsewhere to get the most benefit from OTC medicines."
Charles Ganley, MD, director of the FDA's office of new drugs, says changes in package warnings generally takes at least six months.
This article was written by Bill Hendrick of WebMD.com
http://www.webmd.com/pain-management/news/20090428/fda-issues-new-warnings-painkillers
Many illnesses result from consumption of defective drugs. If you have suffered an illness due to a defective or mislabeled drug, contact the attorneys at Murphy Law Firm to help you receive compensation for the injuries you have sustained from taking a defective drug.
Don't Be A Victim Twice!
http://www.batonrougeinjuryaccidentattorney.com/defective%20drugs.html
FDA recalls weight loss supplement Hydroxycut
WASHINGTON (CNN) -- Hydroxycut products, popular dietary supplements used for weight loss, have been linked to liver damage and are being recalled, the U.S. Food and Drug Administration said Friday.
The FDA has received 23 reports of serious liver injuries, including a death, linked to Hydroxycut products.
The FDA said it has received 23 reports of serious liver injuries linked to Hydroxycut products, which are also used as energy enhancers and as fat burners.
The reports include the 2007 death of a 19-year-old man living in the Southwest, which was reported to the FDA in March. Other serious liver problems reported included liver damage that resulted in a transplant in 2002, liver failure, jaundice, seizures and cardiovascular problems.
The FDA is warning consumers to immediately stop using 14 Hydroxycut products manufactured by Iovate Health Sciences Inc. of Oakville, Ontario, and distributed by Iovate Health Sciences USA Inc. of Blasdell, New York.
The company is voluntarily recalling the following products: Hydroxycut Regular Rapid Release Caplets, Hydroxycut Caffeine-Free Rapid Release Caplets, Hydroxycut Hardcore Liquid Caplets, Hydroxycut Max Liquid Caplets, Hydroxycut Regular Drink Packets, Hydroxycut Caffeine-Free Drink Packets, Hydroxycut Hardcore Drink Packets (Ignition Stix), Hydroxycut Max Drink Packets, Hydroxycut Liquid Shots, Hydroxycut Hardcore RTDs (Ready-to-Drink), Hydroxycut Max Aqua Shed, Hydroxycut 24, Hydroxycut Carb Control and Hydroxycut Natural.
According to the FDA, last year, Iovate sold more than 9 million units of Hydroxycut products, which were distributed widely to grocery stores, health food stores and pharmacies.
Health Library
"The FDA urges consumers to discontinue use of Hydroxycut products in order to avoid any undue risks. Adverse events are rare, but exist. Consumers should consult a physician or other health care professional if they experience symptoms possibly associated with these products," said Dr. Linda Katz, interim chief medical officer of the FDA's Center for Food Safety and Applied Nutrition.
Liver damage is rare, but patients who experienced problems were taking doses recommended on the product label, the FDA said. Symptoms include brown urine, nausea, vomiting, fatigue, stomach pain, itching and light-colored stools.
The FDA has not determined what specific ingredients are responsible for the problems, because the products contain a variety of overlapping ingredients and herbal extracts.
Dietary supplements sold before October 1994 are not required to undergo any FDA review before going to market. The Dietary Supplement Health and Education Act of 1994 required manufacturers to ensure a supplement to be safe before marketing. But manufacturers still don't need to register a product with the FDA or get approval before selling a supplement.
The agency can take action against an unsafe supplement once it's on the market. Since December 2007, any serious adverse event reported to the manufacturer must now be reported to the FDA within 15 days.
The Council for Responsible Nutrition, the leading trade association representing the dietary supplement industry, said that both the FDA and Iovate "took appropriate action today."
"We commend FDA for warning consumers of a potential safety problem associated with these products, and were encouraged to see that the company -- Iovate Health Sciences -- agreed to recall the products from the market until further determinations can be made," said Steve Mister, the council's president and CEO.
This article was written by Saundra Young of CNN
http://www.cnn.com/2009/HEALTH/05/01/hydroxycut.fda.recall/index.html
Defective products harm millions of people each year. Manufacturers should be held responsible for unsafe products.
Don't Be A Victim Twice!
http://www.batonrougeinjuryaccidentattorney.com/defective%20products.html
The FDA has received 23 reports of serious liver injuries, including a death, linked to Hydroxycut products.
The FDA said it has received 23 reports of serious liver injuries linked to Hydroxycut products, which are also used as energy enhancers and as fat burners.
The reports include the 2007 death of a 19-year-old man living in the Southwest, which was reported to the FDA in March. Other serious liver problems reported included liver damage that resulted in a transplant in 2002, liver failure, jaundice, seizures and cardiovascular problems.
The FDA is warning consumers to immediately stop using 14 Hydroxycut products manufactured by Iovate Health Sciences Inc. of Oakville, Ontario, and distributed by Iovate Health Sciences USA Inc. of Blasdell, New York.
The company is voluntarily recalling the following products: Hydroxycut Regular Rapid Release Caplets, Hydroxycut Caffeine-Free Rapid Release Caplets, Hydroxycut Hardcore Liquid Caplets, Hydroxycut Max Liquid Caplets, Hydroxycut Regular Drink Packets, Hydroxycut Caffeine-Free Drink Packets, Hydroxycut Hardcore Drink Packets (Ignition Stix), Hydroxycut Max Drink Packets, Hydroxycut Liquid Shots, Hydroxycut Hardcore RTDs (Ready-to-Drink), Hydroxycut Max Aqua Shed, Hydroxycut 24, Hydroxycut Carb Control and Hydroxycut Natural.
According to the FDA, last year, Iovate sold more than 9 million units of Hydroxycut products, which were distributed widely to grocery stores, health food stores and pharmacies.
Health Library
"The FDA urges consumers to discontinue use of Hydroxycut products in order to avoid any undue risks. Adverse events are rare, but exist. Consumers should consult a physician or other health care professional if they experience symptoms possibly associated with these products," said Dr. Linda Katz, interim chief medical officer of the FDA's Center for Food Safety and Applied Nutrition.
Liver damage is rare, but patients who experienced problems were taking doses recommended on the product label, the FDA said. Symptoms include brown urine, nausea, vomiting, fatigue, stomach pain, itching and light-colored stools.
The FDA has not determined what specific ingredients are responsible for the problems, because the products contain a variety of overlapping ingredients and herbal extracts.
Dietary supplements sold before October 1994 are not required to undergo any FDA review before going to market. The Dietary Supplement Health and Education Act of 1994 required manufacturers to ensure a supplement to be safe before marketing. But manufacturers still don't need to register a product with the FDA or get approval before selling a supplement.
The agency can take action against an unsafe supplement once it's on the market. Since December 2007, any serious adverse event reported to the manufacturer must now be reported to the FDA within 15 days.
The Council for Responsible Nutrition, the leading trade association representing the dietary supplement industry, said that both the FDA and Iovate "took appropriate action today."
"We commend FDA for warning consumers of a potential safety problem associated with these products, and were encouraged to see that the company -- Iovate Health Sciences -- agreed to recall the products from the market until further determinations can be made," said Steve Mister, the council's president and CEO.
This article was written by Saundra Young of CNN
http://www.cnn.com/2009/HEALTH/05/01/hydroxycut.fda.recall/index.html
Defective products harm millions of people each year. Manufacturers should be held responsible for unsafe products.
Don't Be A Victim Twice!
http://www.batonrougeinjuryaccidentattorney.com/defective%20products.html
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