Tyler Personal Injury Lawyer - Miscellaneous

TB Patient from Arkansas Flees Hospital

Jenny Albano — Thu, 12 Jul 2007 12:17:26 GMT

Franklin Greenwood, 50, was placed under isolation at the University of Arkansas for Medical Sciences hospital on June 29. He was seen coughing up blood outside the building for traffic court. After being held at the hospital for a few days Greenwood broke a window and fled the hospital. Hosptial authorities kept a civilian worker outside his room so he would be unable to leave.

Arkansas health officials said that the form of tuberculosis that Greenwood had was treatable, unlike Georgia lawyer Andrew Speaker, but it was still contagious. A UAMS spokesperson Leslie Taylor stated that the hospital had no authoirty to hold the man against his will, but still left a guard outside his room. State police were told to keep an eye out for Greenwood.

Originally posted at InjuryBoard by Jenny Albano

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

California Moves to Ban Flavoring in Popcorn Linked to Workers' Illness

Bruce Roberts — Thu, 17 May 2007 16:47:24 GMT

Since 2001 academic studies have shown causal links between bronchiolitis obliterans, a rare and life-threatening form of restrictive lung disease and the chemical used in artificial butter flavoring called Diacetyl. Flavoring manufacturers have already paid out more than $100,000,000.00 in personal injury lawsuits by people sickened by what is now known as "popcorn workers' lung" over the past five years. One death from the disease has already been confirmed.

Unfortunately, despite the mounting evidence and increasing number of personal injury and wrongful death claims there are no federal laws to regulate the chemical's use. The Occupational Safety and Health Administration, the federal agency designated to protect workers from such potentially dangerous chemicals has yet to decide what standards, if any should be implemented to protect workers on their job site.

Of growing concern however is how this chemical affects consumers. So far, there are very few if any studies on the effects of eating Diacetyl in the butter-flavored popcorn or breathing it in in a freshly popped bag of microwaveable popcorn. The Environmental Protection Agency has done a study but amazingly has declined to release that study until the chemical flavoring industry has an opportunity to review it.

The Food and Drug Administration, another agency charged with food safety, has said that Diacetyl is on its list of substances "generally recognized as safe". It has not however ever studied it.

Meanwhile California has moved ahead.

So far, the California Division of Occupational Safety and Health, or Cal/OSHA, has found eight flavoring workers with fixed obstructive lung disease, most of those with bronchiolitis obliterans. Twenty-two more have below-normal lung capacity, which may be the beginning of the disease.
"They're finding it there because they're looking there," said David Michaels of the department of environmental and occupational health at George Washington University. Michaels, assistant secretary of energy in the Clinton administration, accuses OSHA of "regulatory paralysis."
"It's not some carcinogen where you get cancer 30 years from now or something. The people are dying right in front of you," Michaels said. "You can't wait until you have all the evidence. You have to regulate it."

Originally posted at InjuryBoard by Bruce Roberts

JURY AWARDS PARALYZED COLLEGE STUDENT $11.7 MILLION

Bruce Roberts — Wed, 11 Apr 2007 10:29:37 GMT

A Fulton County, Georgia jury awarded Joshua Coleman, a 19 year old Piedmont College freshman $11.7 million for a spinal surgery that left him paralyzed from the waist down. The surgery, in 2003 was to relieve chronic back pain. But after the surgery, Coleman ended up in a wheelchair paralyzed.

Coleman's attorney blamed his paralysis on a medical mistake by his surgeon and a team of doctors at North Fulton Medical Center. The doctor and his medical group settled with Joshua out of court. However a neurologist involved in the surgery denied responsibility and proceeded to trial.

The neurologist, Dr. Frank Puhalovich was adamant that he was not to blame. The jury at trial, however found that they were negligent in their care of Mr. Coleman.

Puhalovich's attorney, Mary Katherine Greene, said he was only in the operating room for about 10 minutes making sure a technician properly hooked up a monitor that tracks nerve impulses along the spinal chord through electrodes attached to Coleman's head and feet.
The monitor sounded an alarm during the surgery, which Coleman's lawyers say should have prompted his doctors to remove screws and rods installed during the operation. The doctors should also have performed a standard "wake-up test," which involves cutting back anesthesia so the patient can be asked to wiggle his toes to indicate his nerves are undamaged, Coleman's attorneys say.
The rods and screws were removed within six hours, but by that time, the damage was done, according to Coleman's attorneys who say the devices were pressing against his spinal cord and should have been removed within minutes not hours.

Originally posted at InjuryBoard by Bruce Roberts

OSHA TO DOUBLE REFINERY INSPECTORS

Bruce Roberts — Mon, 09 Apr 2007 10:23:18 GMT

The Occupational Health and Safety Administration announced that it would double the number of workers trained to perform safety inspections at oil refineries. The announcement came only after a report by the Chemical Safety and Hazard Investigation Board chastised the agency's inspection of British Petroleum's refinery in Texas. An explosion at the Texas refinery in 2005 killed 15 workers and injured more than 170.

The Board's report stated that the BP Refinery in Texas City, Texas had several fatal incidents in 30 years but that the Occupational Safety and Health Administration had only completed one safety inspection there since 1998. The report claimed OSHA did few of the comprehensive safety inspections between 1995 to 2005. Based on these findinge, the Board recommended that the OSHA increase the number of inspections and government inspectors.

After a hearing on the Texas City disaster by the House Committee on Education and Labor, Edwin G. Foulke Jr., assistant secretary of labor for OSHA, said more than 160 agency workers had been trained "in the principles of conducting a process safety management inspection," a number expected to reach 280 by August.
"These staff will ensure that under a new national emphasis program, every refinery under OSHA's jurisdiction is inspected," Foulke said. The agency and its state partners conducted more than 100 refinery inspections last year and have done 50 in fiscal 2007.

Originally posted at InjuryBoard by Bruce Roberts

AFTER LAWSUIT LABOR DEPARTMENT FINALLY ACTS TO REQUIRE EMPLOYERS TO PURCHASE SAFETY EQUIPMENT FOR EMPLOYEES

Bruce Roberts — Sat, 07 Apr 2007 10:04:01 GMT

The United States Department of Labor has finally issued a set of rules detailing an employer's responsibility for the purchase of workers' safety equipment. Although the Occupational Health and Safety Administration issued proposals a little over seven years ago the Labor Department had never adopted it in final form until two months after a lawsuit was filed by the AFL CIO and the United Food and Commercial Workers.

The unions contended that the Department's failure to adopt these rules was endangering workers in an industry such as meatpacking, poultry and construction.

Rep. George Miller, D-Calif., questioned delays in getting the rules finalized, but praised the Labor Department's decision.
''Although it shouldn't have taken a lawsuit to get the Department of Labor to do the right thing, its good to see that the Department now plans to require employers to take simple steps to protect workers from everyday workplace hazards,'' Miller said.
The unions agreed to the Labor Department's request to delay consideration of the lawsuit, because of the department's plan to issue those rules this November.
''A lot of companies do this already, but there is no legal obligation for them to do so,'' Seminario said, referring to payment for safety equipment. ''Most employers do pay for the safety equipment, but there are cases where employers do not.''
She said she expects the Labor Department rules will be issued by November and address organized labor's concerns.

Originally posted at InjuryBoard by Bruce Roberts

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

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

Tap Water Burns

Bruce Roberts — Wed, 21 Mar 2007 10:18:23 GMT

Almost every day nearly 300 children end up in emergency rooms around the country suffering from serious burns caused by tap water that is simply too hot. It only takes a few seconds for a child or an elderly person in water with temperatures about 130 degrees to be severely burned requiring hospitalization, skin grafts, and lifetime scars.

Too often when these events happen, it is the parents or the elderly themselves that are blamed for this tragic accident. The truth is, however, most people do not understand or appreciate the fact that their own household tap water can become so hot that it can scald, scar, burn and even kill.

According to data from the National Safe Kids campaign, hot tap water accounts for nearly one-fourth of all scald burns among children and is associated with more deaths and hospitalizations than other hot liquid burns. . Ninety-five percent of these scalding's occur in residential settings with 54 percent in apartment homes and 46 percent in single homes.

On the other hand, the manufacturers and installers of hot water heaters, the builders of the homes that contain these hot water heaters as well as the apartment complex owners that contain these hot water heaters do in fact know or should know of these dangers. Yet they take no action to prevent these horrible but unnecessary injuries. The cost of an anti-scald device on a bathtub faucet is about $30.00, yet they won't spend the money.

The Consumer Product Safety Commission, the commission in charge of dangerous and unsafe products, has suggested that water heaters be set on the maximum temperature of 120 degrees. Unfortunately, this is at best a suggestion and not even a particularly good suggestion. Exposure to water over the temperature of 120 degrees can still result in third-degree burns if the person is exposed to that temperature for approximately ten minutes.

Until the manufacturers and installers of hot water heaters are held legally accountable these injuries will continue.

Originally posted at InjuryBoard by Bruce Roberts

Is the Medical Malpractice Crisis Real?

Bruce Roberts — Mon, 19 Mar 2007 09:45:44 GMT

On every television channel and in every newspaper it seems at least once a week you hear some story about the medical malpractice crisis. Politicians and tort reformers use this alleged epidemic of frivolous lawsuits against doctors to assert that this epidemic is forcing doctors to leave whatever state the politician is in; and that patients cannot get necessary medical care because doctors are afraid to treat them all due to the alleged medical malpractice crisis.

These politicians and tort reformers have used the alleged crisis to enact legislation that significantly curtails, if not outright kills, a patient's right to compensation for being negligently injured or maimed by healthcare providers. In 2003, the Texas legislature, believing this crisis to be real, severely limited, if not effectively eliminated, the rights of many patients who seek access to the courts if they were injured by a healthcare professional no matter how negligent the conduct. The Texas legislature went so far as to amend the Constitution to make sure a patient's access to justice was restricted.

Now it turns out, according to report by Public Citizen that this medical malpractice crisis may not in fact exist.

First and foremost, as we all knew, most doctors are good doctors. It is the few bad doctors that the American Medical Association refuses to police that cause most of the problems. According to the report, 5.9 percent of U.S. doctors were responsible for 57.8 percent of the medical malpractice payment claims. Not only are these few doctors injuring significant numbers of patients, but because the number of claims made and the reaction by legislatures, the rights of patients to receive compensation are actually being curtailed.

More importantly however is the fact that there may not even be a crisis even taking into account the actions of this small number of doctors. According to the report, the number of malpractice payments has declined 15.4 percent between 1991 and 2005.

When adjusted for inflation, the average annual payment for verdicts declined 8 percent between 1991 and 2005.

Those multimillion-dollar verdicts we all hear about are, in fact, less than 3 percent of all the payments made in 2005.

As far as frivolous claims, over 64 percent of the payments in 2005 involved death or significant injuries. Payments for "insignificant injuries" were less than one-third of 1 percent of the payments made in 2005.

So, does every injured patient actually run to a lawyer and sue his doctor? Apparently not. According to Public Citizen Report, only 5 to 10 percent of those people killed by medical errors actually got compensation.

Originally posted at InjuryBoard by Bruce Roberts