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DEATH IN GASTRIC BYPASS SURGERY RESULTS IN WRONGFUL DEATH MEDICAL MALPRACTICE LAWSUIT

Bruce Roberts — Fri, 23 Mar 2007 13:32:40 GMT

The mother of a Houston woman who died after undergoing gastric bypass surgery filed a wrongful death medical malpractice lawsuit against the surgeon, Dr. Younan Nowzaradan, and Houston Community Hospital.

In her wrongful death lawsuit the mother claims that the doctor and the hospital did not sufficiently warn her daughter who weighed 520 pounds that the surgery would be especially risky for women of her weight.

According to the mother her suit was prompted when she learned that another overweight woman had died from a massive heart attack two weeks after Dr. Nowzaradan had performed gastric bypass surgery on her. According to the Houston Chronicle the mother's medical malpractice wrongful death lawsuit was prompted when she learned of the second woman's death.

The suit was prompted, in part, by the death of Renee Williams, the 841-pound Austin woman who died earlier this month from a massive heart attack, nearly two weeks after Nowzaradan performed gastric bypass surgery on her.
Since her daughter's death, Colleen Shepherd had "been going back and forth in terms of whether to pursue legal action, but she now has a renewed vigor," after the media coverage of Williams' death,...
Nowzaradan said he didn't know Tina Shepherd had died. He saw her at least once after the surgery, but she failed to follow up when his office repeatedly called her at home.

Originally posted at InjuryBoard by Bruce Roberts

Victims of Hurricane Katrina file lawsuit against Army Corp of Engineers

Bruce Roberts — Mon, 21 May 2007 16:08:08 GMT

With the deadline approaching for filing claims against the United States government and the Corps of Engineers more than a quarter of a million people have filed personal injury and property damage claims against the court demanding compensation. These lawsuits claim that the Corps of Engineers was negligent in designing the waterworks that go throughout New Orleans and the surrounding areas.

The rush to meet the deadline to file claims for personal injuries and property damage rush so overwhelmed the federal agency responsible for claims that a traffic jam formed in front of its offices. Two months after the deadline, federal workers are still compiling the paperwork.

Legal experts note that the simple filing of a claim and lawsuit does not mean that the consumers will receive the compensation they desire. Even if all the allegations are in fact correct, the United States is still immune from these types of claims, attorneys for the Corp of Engineers content. Nevertheless the claims filed to date now exceed over $278,000,000,000.00.

Nevertheless, Plaintiff's attorneys remain optimistic. The evidence, they say, supports their claims.

An engineering review panel convened by the Corps noted that although Katrina was worse than the type of storm the levee system was designed for, the performance of the flood works "was less than the design intent." The devastation "was aided by the presence of incomplete protection, lower than authorized structures [levees], and levee sections with erodible materials," it said.

Originally posted at InjuryBoard by Bruce Roberts

Oxycontin Manufacturer Agrees to Plead Guilty and Pay Fine of $600,000,000

Bruce Roberts — Mon, 28 May 2007 16:36:30 GMT

The company that makes the narcotic painkiller OxyContin and three current and former executives of Purdue Pharma, the company that markets OxyContin pled guilty in Federal Court to criminal charges that they misled doctors, federal regulators and patients as to the addictive nature as to the prescription drug, OxyContin. OxyContin is a powerful, long-acting narcotic that provides relief of severe pain for periods up to 12 hours.

When OxyContin was first released on the market, its manufacturer claimed that its time-release formulation would pose a lower threat of abuse and addiction than other painkillers including Percocet or Vicodin. This claim became part of an aggressive marketing campaign to get doctors like general family practitioners with little training in pain management and/or addiction behavior to begin prescribing the drug.

The scheme worked. By 1996, annual sales of OxyContin had reached $1,000,000,000.00. Unfortunately with increasing sales came evidence of increasing addiction and overdoses.

Federal officials said that internal Purdue Pharma documents show that company officials recognized even before the drug was marketed that they would face stiff resistance from doctors who were concerned about the potential of a high-powered narcotic like OxyContin to be abused by patients or cause addiction.
As a result, company officials developed a fraudulent marketing campaign designed to promote OxyContin as a time-released drug that was less prone to such problems. The crucial ingredient in OxyContin is oxycodone, a narcotic that has been used for many years. But unlike other medications like Percocet that contain oxycodone along with other ingredients, OxyContin is pure oxycodone, with a large amount in each tablet because of the time-release design.
The drug has proven to be valuable in treating serious, long-lasting pain.

Originally posted at InjuryBoard by Bruce Roberts

Three Injured In Three-Vehicle Accident

Chrissie Cole — Thu, 01 Oct 2009 12:36:00 GMT

Three people were sent to the hospital on Wednesday following a three-vehicle accident on U.S. Highway 79.

The accident happened just after 4 p.m. about a mile west of State Highway 110, according to Lt. Mike Terry with the Jacksonville Fire Department.

While the cause of the accident is unknown, Lt. Terry said the crash involved a Ford Bronco, small pickup truck and a four-door car.

When officials arrived to the accident scene, one vehicle was in a ditch and the other two were in the middle of the highway.

Three of the four people involved in the crash were taken to the hospital. The extent of their injuries is not known. However, two of them had to be extricated using the Jaws of Life.

Originally posted at InjuryBoard by Chrissie Cole

Deere & Company Recalls John Deere Tractors Due to Collision Hazard

Jenny Albano — Wed, 16 Jan 2008 15:52:03 GMT

Deere & Company, in conjunction with the CPSC, is recalling about 5,400 John Deere Compact Utility Tractors due to a collision hazard.

The forward drive pedal can get stuck, posing a risk of loss of control and injury to the operator and bystanders. Deere & Company has received seven reports of incidents. No injuries have been reported.

The recalled product has a model number that is 3203, which is located on the side of the tractor. The recall includes the following serial numbers:
LV3203H000001 through LV3203H000010
LV3203H190001 through LV3203H193434
LV3203H393093
LV3203H394001 through LV3203H396669

The serial number is located above the right front wheel on the tractor's frame. The recalled tractors were available at John Deere dealers across the U.S. from September 2007 to December 2007. The product was made in the United States.

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

Originally posted at InjuryBoard by Jenny Albano

BP Faces Criminal Probe Over 2005 Explosion

Christina Cole — Sun, 28 Jan 2007 10:49:04 GMT

BP is facing a federal investigation into potential criminal environmental and safety violations at their Texas refinery, where a 2005 explosion killed 15 workers.

The U.S. Environmental Protection Agency has joined a federal investigation that was started in October by an U.S. attorney in Houston. The EPA, five Washington-based representatives of the Justice Department and the Federal Bureau of Investigations went to Texas to meet with attorneys for workers that were injured in the blast.

``They were looking at anything and everything we had,'' said attorney Joseph Gourrier, whose firm represents 150 injured workers suing BP. ``They are looking for things that can be used to bring criminal charges against the upper management of BP, both at the refinery site and further up the company.''
The multiagency investigation represents an expansion of the government's probe into London-based BP, Europe's second-largest oil company. The Texas City explosion, one of the worst industrial accidents in recent U.S. history, spurred more than 1,700 lawsuits, a record $21 million fine by the U.S. Occupational Safety and Health Administration and a finding by the U.S. Chemical Safety Board that BP endangered workers by cutting costs.

BP has settled over 1,200 claims, many including death suits. BP has acknowledged safety shortcomings at the plant.

The March 23, 2005 blast happened after workers started the refinery's octane-boosting unit and excess gas spilled into the vent system. The gas ignited setting off an explosion that was felt five miles away. Fifteen workers were killed and hundreds were injured at the refinery.

Continue Reading about the oil field accident and blast in 2005.

Originally posted at InjuryBoard by Christina Cole

Woodville Woman Killed In Rollover Accident

Chrissie Cole — Sun, 22 Mar 2009 10:07:00 GMT

A Woodville woman was killed Saturday night in a single-car accident when she was ejected from the vehicle, according to the Texas Department of Public Safety.

The woman, 59, was heading south on FM 92 just after 10:00 p.m. when she lost control of her vehicle and ran off the roadway on a curve to the left. The vehicle rolled over several times and she was ejected.

She was declared dead at the scene.

Car Accident Statistics

Every 12 minutes a person dies because of a car accident and every 14 seconds, a car accident results in an injured victim.

The majority of car accident victims are the drivers, followed by the passengers, pedestrians and lastly cyclists.

It is estimated that there are more than 6 million car accidents annually in the U.S.

Originally posted at InjuryBoard by Chrissie Cole

Harris County, Texas jury finds County not liable for inmate's death.

Bruce Roberts — Wed, 04 Apr 2007 10:26:56 GMT

The estate of a former inmate at Harris County Jail filed suit against Harris County, Texas for violating his civil rights during a 20 day jail stay. The inmate died hours after being discharged from the jail. According to the lawsuit, the inmate, Jimmie Lee O'Neal died of congestive heart failure within hours after being discharged from the county jail. The lawsuit claims that the county violated the inmate's civil rights by denying him medications he needed.

According to documents introduced into evidence at the trial, the staff at the jail appeared not to believe the inmate was ill. According to the records, the nurses refused to take him to the clinic because he had already been four times. A deputy wrote that O'Neal was faking his illness even though he had been vomiting and apparently had not had a bowel movement in up to 14 days.

The estate was seeking approximately $2,000,000.00 in damages for the estate of O'Neal as well as damages for his wife and 14 year old daughter.

In closing arguments Monday afternoon, Keys (the County's attorney) said neither the county's policies nor employees failed O'Neal. "No one acted with subjective, deliberate intent to harm Jimmie O'Neal," Keys said. "We did not deny him medical care. O'Neal was prescribed three drugs by jail physicians.
"What more could we have done knowing what we knew?" Keys said. But Eva O'Neal testified that she told jail officials her grandson required eight medications, which she brought to the jail. "I just feel like if they would have accepted the medication I had for him, he would have been here today," she said.
Dr. Michael Seale, who was the jail's medical director in 2003, testified that inmates cannot bring medications into the jail, which has a pharmacy.

Originally posted at InjuryBoard by Bruce Roberts

JUDGE OVERTURNS $15,000,000.00 JURY

Bruce Roberts — Mon, 16 Apr 2007 10:35:46 GMT

A United States Federal Judge rejected a $15,000,000.00 jury verdict and ordered another trial. The verdict was the result of a lawsuit against Ford Motor Company by a Tulsa, Oklahoma couple whose son died in a rollover crash.

According to the United States Chief District Judge Claire Eagan, the defendant, Ford Motor Company was prejudiced by plaintiff's counsel's conduct. The judge stated that the conduct of the attorney resulted in the unprecedented jury verdict for non-economic damages,. The judge concluded that only remedy for the conduct was a new trial.

Tulsa jeweler Kevin Moody and Veronica Moody filed the lawsuit Nov. 18, 2003, about 10 months after their 18-year-old son, Tyler Moody, died in a rollover crash in Tulsa. A jury found in their favor in November, last year.
The lawsuit said the Explorer's roof had "an inadequate roof-crush tolerance," and that Tyler Moody became trapped in the vehicle with the roof pushing his neck into his chest.
The plaintiffs attorney, Clark Brewster, said that the basis for the judge ordering a new trial involved matters "that -- for the most part -- were completely unobjected to at trial."

Originally posted at InjuryBoard by Bruce Roberts

Oscar Mayer/Louis Rich Chicken Breast Strips and Cuts Recalled

Christina Cole — Fri, 23 Feb 2007 09:52:42 GMT

Carolina Culinary Foods (CCF), a Kraft Foods external manufacturer, issued a recall on February 18th for Oscar Mayer/Louis Rich Chicken Breast Strips with a "Best if Used By" date of "19 APR 2007" due to the finding of Listeria monocytogenes in one package. Kraft immediately issued a recall.

Kraft has not received any reports of listeriosis in conjunction with the February 18th recall and they have had no other finding in the product. However, further evaluation led them to conclude, as a precautionary measure to include all food products that were made at that facility.

The USDA and CCF have been notified of Kraft's voluntary action. Effective immediately, all code dates, sizes and flavor varieties of Oscar Mayer/Louis Rich Chick Brest Strips and Cuts that have "Best When Used By" date of 28 MAY 2007 or earlier, are being recalled and removed.

No other products are included in the recall.

The specific products being removed are:
Oscar Mayer Louis Rich Chicken Breast Strips with Rib Meat Southwestern Seasoned
Net Wt 6oz, UPC 71871 55720
Oscar Mayer Louis Rich Chicken Breast Strips with Rib Meat Grilled
Net Wt 6oz, UPC 71871 55721

Oscar Mayer Louis Rich Chicken Restaurant Style Breaded Chicken Breast Strips
Net Wt 6oz, UPC 71871 55784
Oscar Mayer Louis Rich Chicken Breast Strips with Rib Meat Italian Style
Net Wt 6oz, UPC 71871 55723
Oscar Mayer Louis Rich Oven Roasted Chicken Breast Cuts with Rib Meat
Net Wt 6oz, UPC 71871 55722
Oscar Mayer Louis Rich Chicken Honey Roasted Chicken Breast Cuts with Rib Meat
Net Wt 6oz, UPC 71871 55725
Oscar Mayer Louis Rich Chicken Breast Strips with Rib Meat Grilled
Family Size -- Net Wt 12oz, UPC 44700 02306
Oscar Mayer Louis Rich Chicken Breast Strips with Rib Meat Southwestern Seasoned
Family Size -- Net Wt 12oz, UPC 44700 02307

Originally posted at InjuryBoard by Christina Cole