Archive for the ‘Serious Personal Injury’ Category

Dateline NBC Hansen Expose of FDA Drug Testing: Overseas Drug Trials Aren’t Trustworthy Which Means Maybe Your Prescription Drugs Aren’t Either

March 6th, 2012 by admin

Drugs are products that harm people in this country just like any other good that is sold for profit, and we monitor prescription drugs and both the FDA and Big Pharma here and post periodically about the dangers facing Americans today as they take drugs prescribed by doctors and dispensed at hospitals, clinics, dentists as well as at pharmacies and drug stores.

We will continue to do that, of course, but investigative journalist Hansen is doing much more: in a series of stories detailing his extensive investigation into Big Pharma and the dangers of prescription drugs, Chris Hansen at Dateline NBC has discovered important information that everyone in this country should know.

Go here to view all his videos from The Hansen Files here (it’s a six part series).

Consider this: the drugs that go before the FDA for approval are supposed to be extensively tested. First, in labs. Then, on animals, Finally, on humans who agree to be testing subjects on these not-yet-approved drugs. These are called “drug trials,” and you may have seen advertisements asking people to participate.

Which brings us to drug trial outsourcing to foreign countries. Outsourcing jobs in various industries to India and other countries isn’t just popular for car makers or even law firms, now it’s commonplace for Big Pharma to outsource their drug trials.

Why? It’s cheaper to have drug trials overseas, the human subjects don’t ask for as much money to take the risk. Also, the other countries don’t regulate the drug trials like the United States requires. This is very helpful because what happens is that Big Pharma signs a contract with the foreign company to do the drug trial.

Big Pharma just pays money and gets test results. Running those tests, gathering those subjects, and (here’s the key) vetting those subjects will be done by the foreign firm under foreign law. Bingo.

What this means to you, and you really need to watch Hansen’s report for details here, is that the drugs that the Food and Drug Administration has approved for your use may have had approval based upon overseas drug trials that aren’t trustworthy.

Sometimes the overseas drug trials have people who don’t tell the truth to the company, getting into trials because they are desperate for cash. Other times, they sign up for several overlapping trials, because again they need the money and they aren’t concerned about their health risks or how the dovetailing tests might scew results – they need cash for basic things like food for their children.

Bottom line: not only can we not trust drugs that have not been okayed by the FDA, it’s becoming more and more apparent that we cannot trust drugs that HAVE been approved by the FDA.

Be careful out there and if you or a loved one believes that a drug might be harmful in some way, go see your physician immediately. People die and suffer serious injury from prescription drugs everyday.

Federal Judge Sides With Big Tobacco on FDA Cigarette Graphic Labels: Just As We Predicted – What Happens Now?

March 1st, 2012 by admin

We have been monitoring the case where U.S. District Judge Richard Leon has been presiding over the fight between the Food and Drug Administration (“FDA”) and the five biggest tobacco-making companies in the United States (“Big Tobacco”): Commonwealth Brands, Inc.; Liggett Group, LLC; Lorillard Inc; R.J. Reynolds Tobacco Co., and Santa Fe Natural Tobacco Company Inc.

Read our November 2011 post here, where we predicted that just as Judge Leon ordered an injunction on the graphic labels being placed on cigarette packaging as the FDA wanted, Judge Leon would grant the Big Tobacco request for a judgment that blocked the FDA’s attempts to put graphic images with clear text defining the dangers of humans using tobacco products.

Cruise through a slide show of these graphic images at the FDA website.

Yesterday, the federal judge granted a summary judgment in favor of the big tobacco companies. The FDA lost. For now, there will be no new regulations mandating these new, powerful graphic labels being placed upon U.S. cigarette packages.

Read the full text of the Judge’s summary judgment in Cause No. 11-1482 before the United States District Court for the District of Columbia here.

Why Block the Graphic Images Regulation?

The judge wrote in his judgment that these graphic images – which admitted are jarring, after all they are meant to be — “….violate the First Amendment by unconstitutionally compelling speech.

It’s true that the constitution protects against forced speech.  However, there are exceptions to this under the First Amendment, like when the public needs to be protected and the forced speech is being asked of for-profit concerns (like Big Tobacco).   Shouldn’t this exception apply here?  Nope, according to Judge Leon.

The judge writes that these exceptions “… are not the type of purely factual and uncontroversial disclosures that are reviewable under this less stringent standard.“  Which means that the graphic images regulation doesn’t fit into the forced (i.e., “compelled”) speech exception under the First Amendment.

Judge Leon Didn’t Find the FDA Labels to be Factual or Accurate.  Really?

Furthermore, the judge didn’t find the FDA labels to be “factual nor accurate,” and pointed to the autopsy table graphic as an example. From Judge Leon:  “… the image of the body on an autopsy table suggests that smoking leads to autopsies; but the Government provides no support to show that autopsies are a common consequence of smoking.”

Tell it to the Surgeon General.  Does anyone really think that smoking doesn’t kill people?

Expect the FDA to appeal this decision.  Soon.

Train Accidents Kill Three in Illinois and Ohio Within the Past Month: Railroads Are Dangerous and Deadly

February 28th, 2012 by admin

Last Thursday, a horrific and terrible thing happened in Butler County, Ohio, when young father Robert Stacey Brown, 33, toted the stroller of his 4 year old son, Robert Coy Brown, across the train tracks in the late afternoon. In fact, it was just after five o’clock there, near where Potter Avenue and East State Street intersect, when Mr. Brown and his little boy were hit by a fast-moving freight train with a force so hard that their bodies were thrown almost 60 feet away from the site of impact.

There were no witnesses to the tragedy and investigators for law enforcement as well as regulatory agencies and the owner of that train (CSX) are all doing their investigations now.

You would think that this sort of news, a train crash killing someone on the tracks, in today’s modern times would be rare. Sad, horrible – but rare for our area. You would be wrong.

Just a few weeks ago, on January 9, 2012, another tragic death due to a railroad train happened when a teenage boy on his way to school at Lake Forest High was killed by a moving Metra train not far from his suburban Lake Forest home.  The boy was killed by the train around half past seven that morning, on tracks near the 1400 block of Western Avenue — but the train was going so fast that the train engineer didn’t even know that anyone had been hit by his machine and Union Pacific North reportedly was initially trying to figure out exactly when train hit the Illinois teenager.

Our sincerest condolences go out to these families who are undoubtedly suffering greatly from the truly tragic loss of people with so much of their lives ahead of them.   This is a particularly grievous tragedy.

However, this news also brings with it a need to bring attention to the true dangers of trains and railroad crossings in this area, as well as across the country.

Railroads, as common carriers, are heavily regulated in this country.  State laws govern safety issues (like those of Ohio and Illinois) but federal laws also apply whenever that railroad crosses a state line.  Then, the Interstate Commerce Act and other federal regulations come into play for trains and railroad lines.

Still, passing laws and preventing tragic fatalities like these are two different things.  Right now, we do not know all the facts surrounding these sad, sad deaths – but we do know that the power of a moving train is no match for a human being.

Be careful out there, particularly when you are walking or driving near any kind of railroad crossing or train track.

Distracted Driving Guidelines Proposed to Car Manufacturers by Department of Transportation: Safety That Some Drivers May Not Like

February 23rd, 2012 by admin

Never before has the federal government drafted guidelines for car manufacturers to use in the fight against the dangers of distracted driving, but this month Ray LaHood, Secretary of the Department of Transportation, released the proposals drafted by the National Highway Traffic Safety Administration (NHTSA).

Of course, the reality that distracted driving kills people is recognized by agencies and car makers alike: text messaging and other forms of distraction cause the deaths of drivers as well as their passengers and those in the other vehicles involved in the collision.

The federal recommendations are not regulatory: they are suggestions to automobile makers in the United States to follow in providing American drivers with “less distracting” gizmos in cars, trucks, SUVS, etc.

Will they become legally required?  Too soon to tell, but that’s a possibility.

And by gizmos, we mean more than just cell phones: the NHTSA is also promoting car makers work toward “less distracting” GPS/navigation devices as well as music, video, and other sources of information offered by modern technology and installed in various vehicle models.  Practically any kind of electronic devise that a driver would look at with his eyes or touch with her hands is covered by the NHTSA guidelines and if adopted by American car makers, these guidelines should change the appearance of car interiors in the future.

“Distracted driving is a dangerous and deadly habit on America’s roadways – that’s why I’ve made it a priority to encourage people to stay focused behind the wheel,” said Secretary LaHood. “These guidelines are a major step forward in identifying real solutions to tackle the issue of distracted driving for drivers of all ages.”

The guidelines are proposed in various phases.  The proposed Phase I distraction guidelines that have been released this week include “disabling of the following operations by in-vehicle electronic devices while driving, unless the devices are intended for use by passengers and cannot reasonably be accessed or seen by the driver, or unless the vehicle is stopped and the transmission shift lever is in park.”

This means the following would not work while the car is being driven unless they are so far away from the driver that they cannot distract him or her:

  • Visual-manual text messaging;
  • Visual-manual internet browsing;
  • Visual-manual social media browsing;
  • Visual-manual navigation system destination entry by address;
  • Visual-manual 10-digit phone dialing;
  • Displaying to the driver more than 30 characters of text unrelated to the driving task.

NHTSA will also hold public hearings where the public can comment on these proposals. There will be a public hearing in Chicago sometime in March.

Think about how this would change the interior of your car: could you use your navigation system? your phone?  Would this be a good thing for your teenage driver?

To view today’s proposed electronic equipment guidelines, click here.

Drunk Driver Kills Delivery Truck Driver, Seriously Injures CTA Bus Driver And Bus Rider; Man Walking On Sidewalk; and Man Driving On Street: What DUI Laws Don’t Do For Victims and Their Families.

February 21st, 2012 by admin

Yesterday afternoon, around three o’clock, everyone was going about their business.  An elderly gentleman was driving his Aerostar van down the street.  A CTA bus was cruising down its daily route, the bus driver doing his job and bus passengers following their routines.  A beer truck stopped to make a delivery; the truck driver jumped out of the truck and began the process of unloading his brew from the truck for delivery.

Then a man named Walter Thompson, 30 years old, drove his Hyandai Santa Fe down West 115th Street and into their lives. Police reports allege that Thompson was intoxicated when he slammed his vehicle into a CTA bus, pinning the beer delivery man between that bus and his vehicle.

Thompson ran from the scene, but police caught up with him on Ashland Avenue.  He was taken to the hospital and was last reported in stable condition.  The police have arrested Walter Thompson for driving under the influence along with driving with a revoked license, three counts of leaving the scene of an accident, and damaging city property.

He’s facing jail time and monetary fines for all these crimes if convicted.  There will be a criminal defense presented, maybe a trial.  Maybe a plea deal.

Here’s the point.  Those legal fights all deal with criminal law and criminal law is not designed to help those that have been injured or killed in this accident.  The criminal law is designed to uphold state law and it does so with loss of freedom (time behind bars) as well as fines.

It is only through personal injury law, not criminal law, that the man who was killed and the four people who were seriously hurt during the drunk driving crash yesterday will find justice.

One drunk driver in Chicago on a Monday afternoon caused a domino-effect of cars crashing into people and other vehicles.  All in all, five vehicles were involved as Thompson sped down the street that day.

A senior citizen driving his Ford Aerostar minivan was hit and the force pushed the van into a Pontiac Bonneville. Thompson’s  Hyandai Santa Fe came to a stop after it crashed into an CTA bus, setting at the streetside to allow passengers to disembark, and the beer delivery truck that was parked next to the bus so the delivery truck driver could unload a beer delivery.

In the aftermath of this horrific crash, not only was Thompson hurt but:

  • Charles Kimbrough, the beer delivery truck driver, died at the age of 45, yesterday as he was doing his job.
  • A senior citizen walking down the sidewalk was seriously injured.
  • The CTA bus driver was injured and hospitalized, as were one of the bus passengers and the 66 year old driver of the Aerostar van.

Our sincerely condolences go out to the families and friends of these accident victims.

And our respect for the longstanding state laws in place today that exist to help these people.  It is because Illinois legislators have passed civil laws that we have the following: wrongful death statutes that are available to the family members of those killed by the acts of another.  Workers compensation laws that exist to protect workers who are killed or seriously injured while working on the job.  Bad faith insurance laws that exist to protect against evildoing in the assessment and payment of claims based upon insurance policies in major injury cases.  Personal injury laws that hold people responsible for their negligence as well as their gross negligence.

Personal injury law is consistently targeted as in need of reform, but it is in times of true tragedy like this that we must all remember: personal injury laws (and personal injury lawyers) are dedicated to helping people who have been injured or killed by the actions of another and this is not only important, this is necessary for justice to prevail.  Criminal law does not do this, and it is not designed to do so.

Prescription Drug Overdoses in USA Must Be Stopped: One Lesson from Whitney Houston Media Coverage

February 16th, 2012 by admin

The country is still reeling over the untimely death of Whitney Houston at the age of 48.  The State of New Jersey is flying its flags at half-staff and her small, private New Jersey funeral will be broadcast live, online, to comfort her millions of fans in the United States and worldwide.

And amidst the chatter about her talent as a singer and an actor there is the recurring question of why.  Why did Whitney Houston die? No one will know until the toxicology results are back and the medical examiner makes the final determinations.

However, media coverage as well as an outraged and upset American public are wondering about the impact of prescription drugs upon this tragedy.  Some, including celebrities like American Idol’s Steven Tyler, are operating under the assumption that a combination of prescription drugs and alcohol led to Ms. Houston’s demise.

There is some good to come out of this bad – and here it is:  if the coverage of Whitney Houston’s death bring more public awareness about the very real danger of drugs that have been distributed by a doctor through a pharmacy, then a life may be saved.  Because prescription drugs are killing people in this country.

Prescription Drugs Kill People

According to the Center for Disease Control, 100 people die in the United States EVERY DAY from a prescription drug overdose. The CDC also reports that there has been a 300% increase in overdose prescription drug deaths in this country since 1999; more people died from taking pills that a doctor had prescribed than those who died from cocaine and heroin overdoses combined.

That’s scary, isn’t it?

Here’s what happens. Most of these prescription drug killers are prescribed to deal with pain, or the brain’s perception of pain.  They are powerful, they have to be in order to block the brain’s message of “pain! pain!” They also slow down breathing.  Some may find they are having to take more and more just to get relief.  Big enough dose, and that slow breathing may lead to breathing simply stopping.  No oxygen, the person dies.

Prescription Drugs Mean Big Money for Big Pharma

These pills are sold by pill manufacturers and they are then distributed by pharmacies, hospitals, clinics, etc. under a doctor’s okay.  And they have been very big business in the past ten years:  in 2010, the sales of prescription painkillers was 400% higher than 1999.  The CDC brings this home with this fact:  there were enough of these pills prescribed in 2010 to medicate every American adult around-the-clock for one month.

Products Liability or Medical Malpractice? Legal Remedies for Wrongful Death by Prescription Drugs

Right now, the reality is that there is a major crisis in this country with people dying from pills they are getting from a prescription source.  Until the law starts to regulate this problem, the only laws that stand for justice at this point are those allowing injury victims and their families to sue for the harm they have experienced from prescription drugs.  These may be due to medical malpractice by a doctor or health care provider, or because of defective products or other product liability concerns, and it may all too often be filed as a wrongful death case by those grieving the loss of a loved one.

Congress and state legislatures need to do more here.  The FDA has shown itself insufficient in protecting the public from drug harm.  We need change.

Image source: Center for Disease Control.

Whitney Houston’s Death Means Lots of Questions About Prescription Drugs: What is Big Pharma?

February 14th, 2012 by admin

This past Saturday night, the world lost one of its greatest talents when Whitney Houston passed away at the age of 48 in her suite at the Beverly Hills Hilton while she was preparing to perform at a pre-Grammy’s celebration.  TMZ is reporting that no illegal drugs were found at the scene; however, several kinds of prescription drugs were found at the scene, including Xanax.

Which means that while everyone awaits the final determination by the medical examiner on Whitney Houston’s cause of death, there are already a lot of people that are talking about prescription drug overdoses, the celebrity deaths of Heath Ledger, Amy Winehouse, and Michael Jackson, and what if any responsibility Big Pharma has in these situations.

Until the toxicology tests are completed and the experts release their findings on what caused the death of Whitney Houston, it is premature to point the finger at prescription drugs.  For all we know, Whitney Houston could have slipped and fell in the bathtub; she could have suffered a heart attack; or maybe she had a brain aneurysm.  These things happen.  We don’t know right now what killed Whitney Houston.

However, this is an opportune time to consider just exactly who and what “Big Pharma” is and what power these few international corporations exert over our daily lives.  Here are the pharmaceutical companies that are usually considered to be the members of that group known collectively as “Big Pharma”:

Johnson & Johnson

Pfizer

Roche

GlaxoSmithKline

Novatis

Sonafi

AstraZeneca

Abbott Laboratories

Merck & Company

Bayer HealthCare

Eli Lilly

BristolMyersScribb

Why are these companies considered “Big Pharma” — money.  These companies make billions of dollars in revenue each year selling drugs.  They are the Big Pharmaceutical Companies, hence the name “Big Pharma.”

Indiana OSHA Report Released on State Fair Tragedy: Mid-America Sound Corp. Fined $63,000. It’s Not the End of the Story.

February 9th, 2012 by admin

Kenneth J. Allen has taken claims for his clients to the federal courtroom in the Indiana State Fair tragedy, and in December, U.S. District Judge Sarah Evans Barker approved Ken Allen’s arguments and certified all of the victims of the Indiana State Fair concert as a class that will unite in an argument that the Indiana state cap on the state’s liability at $5 million total goes against the U.S. Constitution and shouldn’t be allowed as a defense from the State of Indiana having to pay monetary damages to those harmed and killed in the Indiana State Fair Tragedy last year.

Right now, Indiana caps the State of Indiana at being liable for $700,000 per victim and having to pay in total of $5 million for all victims.  According to the Indiana law, once that $5 million is paid, that’s all that Indiana has to do.

This week, the State of Indiana Department of Labor issued its Safety Order on the Indiana State Fair.

In its report, the state safety agency cited Mid-America Sound Corp. with 3 major safety violations. According to the report, Mid-America Sound Corp. knew of its requirements and was indifferent to making sure that it met them.  The Indiana Occupational Safety and Health Administration has fined the company $63,000.

You can read the Indiana OSHA report online here.

You can follow the federal lawsuit challenging the Indiana liability cap as unconstitutional here (by subscription).

What Does This Mean?

As Kenneth J. Allen has explained to the Indianapolis Star, this Indiana OSHA Report may not carry much weight in the ultimate fight for justice here.  Not only does the Indiana agency report have a political ribbon running through it, Allen also points out that if it were not for bad calls being made by those at the top (i.e., not the construction workers eyed in the report) then there would have been no tragedy that day.   Kenneth J. Allen is doing his own investigation and as he explained to the media, it’s got more involved than this OSHA report.

Indiana Is Now a Right to Work State: Does This Mean More Workers On the Job Will Be Injured or Killed?

February 7th, 2012 by admin

Indiana Governor Mitch Daniels has just signed the Indiana “right to work” bill – which means that the legislation will become effective Indiana law now, and that Indiana will be the first state in many, many years to pass right to work laws … and the only state in the midwest to have a right to work law (the “Rust Belt”).

Of course, this was done with the expected hurrah that it will help bring jobs to Indiana.  And maybe it will; everyone can agree that more jobs in Indiana is needed.  However, it’s also important to consider what this law may do to on the job work safety for Indiana workers.

Will the Right to Work Law Make Jobs Safer for Indiana or Will There Be More Dangers of Death or Serious Injury in the Indiana Workplace?

According to the AFLCIO, without union protections for workers, workplaces are more dangerous. In other words, in right to work states, on the job workers have higher rates of serious personal injury or wrongful death than they have in states where there is not a “right to work” law in place.

Of course, there are others who disagree, who argue that federal laws are enough to keep workers safe on the job.

The reality is that Indiana workers will have to find out for themselves now.

Indiana is a right to work state, that’s a done deal.  And the reality is this:  for workers hurt on the job in the upcoming years, they will have to look to Indiana worker compensation statutes and federal laws (like FELA for railroad workers) for help – and we can only hope and pray that the number of Indiana workers hurt, injured, or killed while working for a living doesn’t increase all because this law was passed this year.

Faulty Appliances Causing More and More Fires Per New Study by Consumer Reports: More Defective Products in the USA

February 2nd, 2012 by admin

Consumer Reports has just issued the results of its investigation into the safety of commonly used appliances and the news isn’t good: according to Consumer Reports, appliances can start fires just setting there — they may not even be operating when the fire starts — and the cause of the fires all too often are not mistakes made by humans (which the manufacturer is always quick to suggest) but because of a product defect.

Consumer Reports did its usual research including culling through lots of fire data compiled by the federal government, and has found that it’s a 50-50% chance that the defect in the product starts the fire.  Not the human.

Scary stuff here: appliances that turn themselves on.  Fires popping up from flaws in dishwashers. You can read all the details about the study online in the March 2012 issue of Consumer Reports magazine.

8 Things You Can Do To Protect Against Appliance Fires

Meanwhile, Consumer Reports has issued a press release to warn all of us about the real danger of appliance fires and to give 8 tips for protecting against an appliance fire:

  1. Register new appliances. The large number of recalls is a sobering reminder of how important it is for consumers to register their products with manufacturers in order to be promptly notified in the event of a recall. Consumers concerned about their privacy or junk mail need only provide manufacturers with their name, contact information and the appliance’s model number.
  2. Check for recalls. Consumers can sign up for alerts at www.recalls.gov. Those who move into a home with existing appliances should record their make and model and check company websites for any recalls or review customers’ experiences with those products at www.SaferProducts.gov.
  3. Install fire-prevention equipment. Each level of a home and every bedroom should have a working smoke alarm. Consumer Reports recommends smoke alarms have both photoelectric and ionization sensors to provide the fastest response to any type of fire. Also, keep one full-floor fire extinguisher (rated 2-A:10-B:C or greater) on every level, plus a smaller supplemental unit in the kitchen.
  4. Inspect power cords. Check for frayed power cords and never route electric cords (including extension cords) under carpeting, where they can overheat or be damaged by furniture.
  5. Check home wiring. The electrical wiring in older homes cannot always handle the demands of modern appliances. Systems should be inspected by a qualified electrician. An upgrade to wiring may cost several hundred dollars, but is likely worth the added expense.
  6. Practice kitchen safety. Unattended cooking is a common fire-starter, whether using a range or microwave oven. If small children are home, maintain a kids-free-zone of at least 3 feet and use back burners when possible. Consumers should unplug their small appliances, including toasters and coffeemakers, when not in use and or when planning to be away for long periods.
  7. Clear range hoods. Grease buildup in range hoods is another fire hazard, so be sure to clean the vents regularly.
  8. Keep dryer vents clear. Clean the lint screen in the dryer regularly to avoid buildup, which has been listed as a factor in many fires. Use rigid metal dryer ducts instead of flexible ducts made of foil or plastic, which can sag and let lint build. Check ducts regularly and remove any lint buildup.

Once again, another example of how products that are sold everyday today in the United States are not safe.  While federal agencies and private watchdog groups can do much to fight against people being hurt or killed by dangerous products, the truth remains that longstanding products liability laws on the books in Indiana, Illinois, and other states remains one of the strongest weapons against this type of tragedy.  Sad but true that for some manufacturers and distributors and sellers of products today, it is only when they are faced with harm to their bottom line that they will do the right thing.

Be careful out there.