On October 6, 2012, the New England Compounding Pharmacy issued a recall for all of its products that were compounded and distributed from its Massachusetts facility after a fungal meningitis outbreak connected to one of their products has sickened 84 people and tragically killed seven. The U.S. Food and Drug Administration (FDA) has linked the illness to contaminated steroids sold by the New England Compounding Pharmacy, also known as the New England Compounding Center (NECC). The contaminated steroid, methylprednisolone acetate, was distributed to facilities in 23 states from July 2012 through September 2012. All 91 cases of fungal meningitis have surfaced in nine states: Tennessee, Virginia, Florida, North Carolina, Maryland, Ohio, Indiana, Michigan and Minnesota. At this time, no other NECC products have been linked to the outbreak, however, the company said the “recall is being taken as a precautionary measure.” A complete list of affected products can be found on the FDA website. Healthcare providers who have a NECC product should stop using the product immediately. NECC is notifying its customers of the recall via fax. Symptoms of Fungal Meningitis Meningitis is inflammation of the meninges, the protective membranes covering the brain and spinal cord. Because the inflammation is located so closely to the brain and spinal cord, meningitis is classified as a medical emergency and can be fatal. Fungal meningitis is a [...] Read more »
On September 18, 2012 the U.S. Food and Drug Administration (FDA) warned consumers not to use Intestinomicina, a drug marketed as a treatment for diarrhea and acute gastrointestinal infections. Intestinomicina contains a prescription drug ingredient called chloramphenicol, which was recalled by the FDA in July 2012 due to the risk of serious and life threatening injuries associated with use of oral forms of chloramphenicol. One of the most serious types of complications associated with chloramphenicol is bone marrow toxicity, which is a decrease in the blood cells responsible for carrying oxygen, immunity, and blood clotting. Individuals with anemia, low white or red blood cell count or decreased platelets are at a greater risk of serious injury or death when using a product with chloramphenicol. Intestinomicina is manufactured in El Salvador by Laboratorios Lopez and is sold in international grocery stores in the United States that feature South and Central American specialty foods and products. It can be purchased in tablet and liquid forms and is primarily labeled in Spanish. Consumers who have purchased Intestinomicina should stop using it immediately and consult their health care provider. Estey Bomberger – Help for the Seriously Injured If you or a loved one suffered a serious complication after taking Intestinomicina, do not wait to consult a professional dangerous drug lawyer at the law firm of Estey Bomberger. For [...] Read more »
SAN BERNARDINO COUNTY – A 68-year-old woman was struck and killed by a car while crossing a street in Hesperia Monday morning, reports the San Bernardino Sun. The tragic pedestrian accident occurred at the intersection of Bear Valley Road and Bornite Avenue at approximately 5:45 a.m. At press time, the woman’s identity has not been released because her relatives have not been notified. Causes of Pedestrian Accidents Due to the limited amount of information provided by the news report, it is impossible to know what caused the devastating September 10, 2012 pedestrian accident. Did the woman cross the street in an unmarked part of the street? Was the driver of the car speeding or not paying attention to the road? Drivers, who are speeding, distracted, or drunk, cause many pedestrian accidents. One of the most common causes of pedestrian accidents in the U.S. is the failing to yield the right of way to a pedestrian. Assistance for the Bereaved If the investigation reveals that the driver’s negligent or reckless actions caused the crash to occur, the victim’s family members may be able to file a lawsuit against the driver. Filing a lawsuit gives surviving family members the chance to recover compensation for the losses associated with a tragic death. Although no sum of money can replace the life of a loved one, compensation can [...] Read more »
SAN BERNARDINO COUNTY – On September 10, 2012, a 22-year-old man was tragically killed after his vehicle collided with a tractor-trailer in San Bernardino Monday morning. Michael Benvenisti was driving to work on Kendall Drive near Yucca Avenue when he collided with a tractor-trailer at about 6 a.m. Benvenisti was transported to Loma Linda University Medical Center, where he died Tuesday as a result of the injuries he sustained in the tragic truck collision. The California Highway Patrol is investigating the cause of the crash. San Bernardino County Truck Accident Liability After a devastating accident such as this one, the family members of the victim should consult a trusted truck accident attorney. Due to the limited amount of information provided by news sources, it is impossible to determine how and why the accident happened, but if it is discovered that the victim’s actions did not cause or contribute to the crash occurring, the victim’s family members may be able to take legal action the person or entity responsible for causing the truck crash. Filing a truck accident claim allows surviving family members the opportunity to recover damages related to their tragic loss, such as funeral expenses, burial costs, loss of victim’s future wages, loss of victim’s future savings, and loss of support, care, and companionship. To learn how to make an appointment with an [...] Read more »
HAWAII – The parents of a 16-year-old Vacaville, CA, girl tragically killed in a jet ski accident filed a lawsuit against an Australian tourist who is in a Honolulu jail on third-degree negligent homicide charges. The lawsuit also names Aloha Jet Ski, the company who rented the personal watercraft vehicles to the girl and the tourist the day the accident occurred in Keehi Lagoon. The lawsuit claims the tourist’s negligent actions (identified as 20-year-old Tyson Dagley) caused the crash to occur. Reportedly, Dagley was speeding, standing up on the jet ski, and not paying attention when he collided with the Vacaville girl. The lawsuit also claims that the jet ski company did nothing to prevent Dagley from driving recklessly. According to the lawsuit, an employee who rented the jet ski to Dagley “failed to give any instructions or warnings about driving at excessive speeds.” Investigators recovered deleted footage from a video Dagley’s girlfriend had taken of the crash that appears to show him standing on the jet ski. The lawsuit seeks an unspecified amount of compensation for the damages related to the tragic August 5, 2012 jet ski accident, including final medical expenses and funeral costs. Accident Liability After losing a loved one in a tragic accident caused by the negligent or careless actions of another person, you would be well advised to seek the [...] Read more »
Construction workers are nearly three times more likely to die in a workplace accident than all other workers, and face dangerous working conditions everyday. In 2009, there were approximately 3.3 million construction workers reported non-fatal injuries and illnesses, and an additional 816 workers were killed in fatal construction accidents. Following a serious or fatal construction accident, employees and their families settle for the limited benefits that worker’s compensation insurance have to offer, and are never told of their rights to file an injury claim. While not all construction accident victims can recover additional compensation via a third party liability claim, it is important for injured construction workers to be aware of their rights and consult a professional construction accident lawyer regarding their potential case. How do Third-Party Liability Claims Work? Because worker’s compensation protects employers from having to face lawsuits from injured employees, a skilled construction accident lawyer will assess your case to determine whether another party’s negligence may have contributed to your injuries. Unlike a typical workplace, construction sites are often filled with the products, decisions, and influence of multiple parties. Depending on the nature of the accident potential defendants in a construction accident claim include: Heavy machinery manufacturing companies Suppliers General contractors Property owners Subcontractors Architect companies Advantages of Third Party Liability Claims California’s worker’s compensation program is among the least [...] Read more »
WASHINGTON – The U.S. Food and Drug Administration (FDA) issued a Class I recall for several lots of the Alere Triage, which is a diagnostic test system used to diagnose and asses heart failure, myocardial infarction, pulmonary embolism, and other various diseases and health conditions. The affected lots of tests may not provide the precision described in the package insert, resulting in an increased rate of false positive and false negative results. According to the FDA, “these false positive and false negative results are unpredictable within lots and may not be detected by Quality Control testing.” As a result of the test’s inability to provide an accurate assessment, patients could receive inappropriate medical treatment, which could lead to serious adverse health consequences, including death. On May 22, 2012 Alere sent an urgent recall letter to all their customers who had purchased a Triage CardioProfiler Panel, Triage Cardiac Panel, Triage Profiler SOB Panel, Triage BNP, or Triage D-dimeran to discontinue use of the defective product immediately. On June 11, 2012 Alere informed customers that additional lots of Triage products were being added to the recall and just a day later, informed customers once again, that three more lots were being added to the Class I recall. Class I recalls are the most serious type of recalls due to the reasonably high probability that use of the [...] Read more »
KERN COUNTY – On July 11, 2012, one person was tragically killed and three people were injured in a five-vehicle pile-up on State Route 99 Wednesday afternoon. The multi-vehicle collision happened at about 3:00 p.m. when the 39-year-old driver of a white pickup truck didn’t notice that traffic had slowed for road construction. The driver of the white pickup truck didn’t stop in time and rear-ended a silver Hyundai, which rammed into the vehicle in front of it. The driver of the Hyundai, 85-year-old Arletta McIsaac, suffered major injuries in the crash and was taken to Kern Medical Center (KMC), where she died about an hour later. The driver of the pickup truck sustained severe head injuries in the crash and was also taken to KMC. Two of the other three drivers involved in the pile-up suffered injuries in the crash – one driver had head and chest pain, the other driver had chest pain and face lacerations. Both drivers were taken to KMC by ambulance. San Bernardino County Car Accident Liability If news reports are accurate, the driver of the white pickup truck is at-fault for this tragic multi-vehicle car accident. At this time, it is not known why the driver of the white pickup failed to see traffic slowing. Many times, drivers are not paying attention to the road because they are talking [...] Read more »
WASHINGTON – On June 29, 2012, the U.S. Food and Drug Administration elevated the recall of CareFusion’s AirLife Infant Breathing Circuit due to a crack that can form in the device’s Y adapter, which can reduce the amount of air circulating from the system to the patient and possibly cause death. The Class I recall, which affects products with a reasonable risk of serious adverse events (including death) with use, was issued for all infant ventilation devices manufactured from June 1, 2010 to February 3, 2012 with a lot number less than 0000414257 or beginning with “Y.” It is estimated that approximately 280,000 infant breathing circuit devices are affected by the recall. After receiving complaints about the defective Y adapter, CareFusion initiated a recall on May 29, 2012 and alerted customers and distributors of the potentially fatal error. No injuries or deaths stemming from the use of the defective infant breathing system have been reported. Experienced California Product Liability Attorneys If your child suffered a serious injury or was tragically killed as a result of using a recalled AirLife Infant Breathing Circuit, you would be well advised to speak to a product liability attorney at the law firm of Estey Bomberger. Our team of trusted attorneys have years of experience handling product liability claims and will not rest until we obtain justice. Please click here to learn [...] Read more »
NEVADA – Four new lawsuits filed against Amtrak for last year’s Nevada train-truck crash claim the railroad crossing gates were defective. The lawsuits, filed by the children of the Amtrak conductor tragically killed in the crash and three injured passengers, allege the railroad company used a defective rail crossing sign and that the Nevada Department of Transportation failed to post effective warning signs for approaching motorists. On June 24, 2011, truck driver Lawrence Valli skidded and crashed into an Amtrak California Zephyr train heading west in the desert about 70 miles east of Reno. Valli, the conductor of the train, Laurette Lee, and four passengers were killed in the collision. Approximately 100 people suffered injuries in the crash. With the addition of the four lawsuits, the number of lawsuits filed in response to the train-truck crash totals 15. A forensic investigator, Robert Comer, who has more than 23 years experience reviewing railroad accidents across the nation, agreed with the claims that the crossing gate either did not deploy or deployed late (a defective crossing gate would explain why Valli crashed into the train). After reviewing accident evidence, he found the crossing gate intact after the wreck. “If the gate had been down at the time of the crash, Mr.Valli’s truck and trailers would have hit it and smashed it.” The lawsuit also refers to a [...] Read more »