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5
Dec

Holiday “Booze It & Lose It” Campaign Has Begun

State and local law enforcement officers will be working to keep motorists safe this celebratory season with the Holiday “Booze It & Lose It” campaign. Checkpoints and stepped-up patrols will be conducted across North Carolina, now through Monday, Jan. 2. This is part of the ongoing effort by the Governor’s Highway Safety Program (GHSP) to remove impaired drivers from the roads.

“Please plan ahead and designate a sober driver this season so everyone can make it home safe over the holidays,” State Transportation Secretary Gene Conti said.

In 2010, there were 1,017 alcohol-related crashes in North Carolina during the holiday campaign, which ran from Dec. 3 through Jan. 2, resulting in 31 fatalities and 728 injuries. That’s one death each day of the campaign…a steep price for a little too much holiday cheer.

In addition, officers charged more than 3,800 North Carolina motorists with driving while impaired during the 2010 Holiday “Booze It & Lose It” campaign.

Wishing all of you a safe and happy (and let me repeat: SAFE) holiday season!

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2
Dec

NC Drivers Still Breaking Simple Laws

On December 1, 35 new laws took effect in North Carolina. Of course, the NC State Highway Patrol is still trying to enforce laws already on the books, especially the “No Texting While Driving” law. According to an article on WRAL.com:

Sgt. Jeff Gordon said distracted driving is still a huge issue across the state. ”I see a lot of people driving with their elbows on the steering wheel, texting with one hand,” Gordon said.

Texting while driving—or any kind of DWD (Driving While Distracted)—has been shown to be as hazardous as driving drunk. But it doesn’t stop texters. And have you ever seen anyone try to make a three-point turn while holding a cell phone in one hand? I have…in fact, I had to wait in the middle of a road while a young man tried this circus-like maneuver in front of me. I would have applauded, but when he finally got his car pointed in the proper direction, he ended up in the wrong lane.

Another law that has been in effect for the past year and is virtually ignored is the law that prohibits large frames around license plates. (To see our video detailing the rules of this law, click here:  http://www.youtube.com/watch?v=UII9dVI5_tc)

In short, anything blocking the license plate information—not just the large numbers and letters in the center—is illegal.

NEW LAWS

One of the news laws of 2011 is “Laura’s Law,” which helps take repeat drunk driving offenders off the road. The law was named for Laura Fortenberry, a 17-year-old young woman who was killed by a drunk driver who had multiple previous driving-while-impaired offenses. With this law, convicted drunk drivers with certain aggravating factors will face larger fines and more time behind bars.

The “Run and You’re Done” law attempts to prevent high-speed chases by allowing the sheriff to seize the chased car if the suspect is charged with a felony. If the suspect is convicted of the felony, the car will be sold and proceeds will go to local school districts.

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29
Nov

Diagnosing Hip Replacement Injury

You may recall a blog we posted last month called “Hip Replacements Fail, Sometimes Without Symptoms,” which we wrote in response to an article in The New York Times about people who have been injured by DePuy hip replacement devices.

In a nutshell, this is the story to date:  In 2010, Johnson & Johnson recalled two DePuy hip replacement devices due to a higher-than-usual failure rate. With the DePuy and other metal-on-metal hip replacements, the devices can shed tiny bits of metallic debris. The human body doesn’t tolerate foreign substances, so it releases scavenger cells to try to get rid of those shards of metal. But the process converts the metal particles into biologically active metallic ions that can slowly destroy healthy body tissue, such as joints and muscle.

What happens is that the hip replacements fail, requiring a second replacement. The goal is to replace the replacement before permanent damage is done to the surrounding muscle and tissue. Sometimes the symptoms are obvious and very painful. But more and more, doctors are discovering that some people can have severe damage without overt symptoms. That could have happened to Cyndi Lafuente, but she caught the problem early. Her story, as told to The New York Times is this:

Cyndi Lafuente, a senior adviser at the Internal Revenue Service, learned last year that the model of artificial hip she got in 2007 was being recalled by its manufacturer, the DePuy division of Johnson & Johnson, because of its high early failure rate. Ms. Lafuente said she contacted her surgeon, who ordered a blood test and diagnostic scans, which came back with normal results. Still concerned, she contacted a British researcher, Dr. David Langton, who had helped sound the alarm about the recalled model.

In January, she met again with her orthopedist, armed with information from that talk and other research. The physician suggested that they run an added test. It showed very high metal levels, she said.

Now, four months after replacement surgery, her recovery has been slow and her leg is still weak, said Ms. Lafuente, who has sued DePuy.

“If I had not played an aggressive role, I think I would have had permanent damage” to muscle or bone, she said.

THE STORY CONTINUES

After our blog was posted, we heard from Ms. Lafuente. She asked if we could provide information that The New York Times left out of their article, and we are happy to do so. This additional information is important to anyone who has had a metal-on-metal hip replacement from DePuy or other manufacturer.

When evaluating patients for possible hip damage due to these devices, doctors commonly use blood test to check for metal ions, and sometimes MRI or CT scans. Ms. Lafuente had those tests, but they all came back “normal.” She was persistent. When she contacted Dr. Langton in Great Britain, he told her that U.S. doctors recommend expensive but noninvasive tests, such as MRIs. However, the British health service opts for an invasive but less expensive test—a hip aspiration.

Aspiration involves putting a large needle into the hip joint and drawing out small amounts of fluid to test for the presence of metal. When Ms. Lafuente had the aspiration, the results were that her metal count was 1703, which she was told was about 10 times higher than normal. She underwent a revision surgery in June 2011, and now, five months later, she is still recovering.

Ms. Lafuente contacted us because she believes that this information could save other hip replacement patients from needless suffering and possible permanent damage. Her advice, in her own words:

Hey!  If you have an ASR XL [one of the DePuy hip replacement models], talk to your doc even if you are asymptomatic. Come up with a game plan that makes sense and keeps you from getting permanent damage.  Maybe the right thing is to be aspirated once a year, even if just to give you the same peace of mind that my doc gave me.

And if your doc is a jerk, go to a different doc.  Trust me.  Find someone who knows what they are doing and change docs.  The doc who implanted you with an ASR XL may have only done a couple of these, and it just won’t be worth his time to stay up to date on new developments as this thing unfolds.  Your hip deserves someone better.

So, the long and short of it is this — asymptomatic ASR XL patients:  you need to be especially alert to changes in your body.  Be your own advocate and consult with your doc about aspiration.

WHAT TO DO

We agree with Ms. Lafuente that anyone who has had a metal-on-metal hip replacement should speak with their doctor about the risk of possible device failure or injury. We urge you to have this conversation regardless of whether you have symptoms or not. Sometimes the damage is silent, and you may not feel symptoms until massive, permanent damage is done. When you speak with your doctor, arm yourself with as much information as possible. At a bare minimum, print out the articles we’ve listed at the bottom of this blog.

In addition, if you have been injured by a hip replacement, consider speaking with an experienced implant lawyer, someone who can help you get compensation for your injury. The experienced attorneys of HensonFuerst are available to consult with you anytime at 1-800-4-LAWMED. And for more information about the DePuy hip replacement recall, visit our website at www.lawmed.com.

RESOURCES

To read the full article in The New York Times, click here:  Remedy is Elusive as Metallic Hips Fail at a Fast Rate

To read our original blog about failing hip replacements, click here: Hip Replacements Fail, Sometimes Without Symptoms

To read more about Cyndi Lafuente’s story click here: Aspiration Revealed My ASR Device Had Failed

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23
Nov

Thanksgiving “Click It or Ticket” Campaign Underway

The Governor’s Highway Safety Program’s “Click It or Ticket” campaign is in force throughout North Carolina, from now through Sunday, November 27, 2011. The Thanksgiving “Click It or Ticket” campaign is designed to crack down on motorists who are not wearing their seat belts.

“It is the law to wear your seat belt, no matter where you are seated in a vehicle,” said N.C. Department of Transportation Secretary Gene Conti. “I remind all citizens to buckle up; it could save your life.”

That’s not an overstatement. In 2010, 425 motorists who were not wearing seat belts died in crashes on North Carolina roads. According to the director of the Governor’s Highway Safety Program (GHSP), Becky Wallace: “The single most effective way to protect yourself and your loved ones this holiday season is with the simple action of buckling your seat belt.”

Although the campaign runs for only a week, the overall goal is to increase seatbelt usage every day of the year. When “Click It or Ticket” began in 1993, only about 65% of North Carolinians wore seat belts. Today, our seat belt usage rate is 89.5%. Not perfect, but a dramatic improvement.

From all of us here at HensonFuerst, have a happy and safe Thanksgiving holiday!

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14
Nov

Toyota, Lexus, Cadillac Recalls

The National Highway Traffic Safety Administration (NHTSA) reports that two large car manufacturers have recalled vehicles:

Toyota, Lexus

This recall affects more than 420,000 vehicles. Toyota is recalling several different models because the amount of adhesive applied between the outer ring and inner ring in the crankshaft pulley may be inadequate.The outer ring could become misaligned, and may not rotate properly. In some cases, the belt for the power steering pump may become detached from the pulley, which could result in a loss of power steering and a sudden increase in steering effort. Because this would happen without warning, it could increase the risk of a crash.

The NHTSA says that the recall is expected to begin during early January 2012, but if your vehicle is on the list, you may wish to call your dealership sooner to see if your car can be checked out. If there is a problem, the dealer will replace the pulley with a new one at no charge.

The affected vehicles are:

  • 2004-2005 Lexus ES 330
  • 2004-2005 Lexus RX 330
  • 2006 Lexus RX 400H
  • 2004 Toyota Avalon
  • 2004-2005 Toyota Camry
  • 2004-2005 Toyota Camry Solara
  • 2004-2005 Toyota Highlander
  • 2006 Toyota Highlander Hybrid
  • 2004-2005 Toyota Sienna

If you have questions, you may contact Toyota at 1-800-331-4331, or the NHTSA Vehicle Safety Hotline at 1-888-327-4236.

General Motors Cadillac

This small recall (affecting just 674 cars) is for model year 2012 Cadillac CTS vehicles manufactured from October 21, 2011, through October 26, 2011. A nut in the brake system may not be torqued to the proper specification, which could result in a loss of ability to brake, which could lead to a “crash without prior warning.”

How do you know if your 2012 Cadillac CTS is affected? The best way to is call your dealership. Ask them to inspect the power vacuum brake boost pushrod retention nut. If necessary, they will adjust the torque. If you have questions, contact GM at 1-800-458-8006, or the NHTSA’s Vehicle Safety Hotline at 1-888-327-4236.


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7
Nov

Big Hypocrites of Legal Reform

The American Association for Justice (AAJ) has released an eye-opening report called “Do As I Say, Not As I Sue,” which exposes the lawsuit-happy hypocrites of the U.S. Chamber’s Institute for Legal Reform (ILR). It lists the “top 10″ biggest corporate hypocrites, those corporations who work hard to limit our ability to sue them if we become injured by their products or services, and yet use the legal system liberally to sue others when they feel wronged.

Want some examples of the frivolous lawsuits brought by these hypocrites?

1. Caterpillar.

Caterpillar, which has been an ILR Board Member since 2005, manufactures heavy machinery and industrial vehicles (such as bulldozers and backhoe diggers). They have been trying to limit the ability of the public to sue them for defective products, violations of environmental laws, and other financial issues. But their biggest potential lawsuit risk comes from asbestos. According to the AAJ:

Caterpillar has spent at least $25 million trying to avoid liability for asbestos claims over the last few decades.26 Most of Caterpillar’s potential liability for the health effects suff ered by dying men and women exposed to asbestos originates from other companies that Caterpillar bought. Caterpillar, like many of the ILR corporations trying to fi nd a way out of asbestos liability, claims it never manufactured asbestos and should not be held accountable for any related health problems now. Yet Caterpillar bought those companies with full knowledge of their liabilities, and even sought insurance on the prospects of future liability.

Actually, Caterpillar also made some of its own products with asbestos, so its claim that it is innocent of any asbestos-containing products. In 2005, a jury in California awarded a Caterpillar bulldozer operator $2.3 million because he developed asbestos-related cancer just from doing his job using Caterpillar machinery.

Hypocrisy:  Caterpillar sued Disney—yes, Disney—because it felt that the movie George of the Jungle 2 portrayed diggers as too villainous (because, according to the script, they were trying to destroy the jungle). An Illinois judge ruled against Caterpillar.

2. Johnson & Johnson

Johnson & Johnson is a pharmaceutical and medical device company. Just about every family in America has a Johnson & Johnson product at home:  Band-Aids, Tylenol, Motrin, and Benadryl are just some of the products made by Johnson & Johnson and its subsidiaries.

Johnson & Johnson has had several high-profile problems that exposed it to potential liability. Most recently, the company was forced to recall DePuy hip implants, as we reported in our blog (DePuy Hip Replacement) and video (DePuy Video). The hip replacements have a high failure rate…and Johnson & Johnson allowed the devices to continue to be implanted despite years of evidence of serious problems. The company has been working to limit its liability, and is hoping to not have to answer to tens of thousands of Americans who have had its defective hip replacement product.

Hypocrisy: According to the AAJ report, in 2007, J&J sued the Red Cross– yes, the ever-helpful Red Cross—over its use of the red cross symbol. Johnson & Johnson objected to the symbol’s use on fi rst aid kits and other disaster-preparedness items created by the American Red Cross. The company sought not only the destruction of the kits, but also punitive damages against the charity and payment for its own legal fees. The American Red Cross, which was first established in 1881 by Clara Barton, had amicably shared the red cross symbol with Johnson & Johnson for more than a century.

The American Red Cross responded to the suit by saying, “For a multi-billion dollar drug company to claim that the Red Cross violated a criminal statute that was created to protect the humanitarian mission of the Red Cross – simply so that Johnson & Johnson can make more money – is obscene.” A judge eventually ruled for the American Red Cross.

More Information

We’re in a time when corporations are trying to use political leverage to reduce their liability for products that hurt the average person. They claim that they are fighting to reduce the costs of legislation, frivolous lawsuits, and unreasonable jury awards. And yet, the cost savings benefit only the corporations… and they insist on being able to pursue their own lawsuits. People who are seriously injured, perhaps even fatally, are treated as little more than a nuisance to be dismissed and denied.

Other companies named in the AAJ report are Honeywell, FedEx, Dow Chemical, General Motors, State Farm, Koch Industries, Abbott Laboratories, and Prudential. Each story seems more outrageous than the last. As the report states:

At the heart of this double standard is their corporate creed that profi ts come before people. It justifi es decisions to keep defective drugs, bulletproof vests, and cars on the marketplace, even when corporations know people may be injured or killed. It justifi es the decision to find a way to profi t off the insurance policies of dead soldiers, to dump harmful pollution, or to deny an individual’s insurance claim. And it justifi es the apparent hypocrisy behind their belief that courts are not for individuals seeking accountability for such decisions, but only for businesses seeking to maximize profits.

It is the right of the corporations of ILR to seek what they believe to be justice in a court of law. However, these corporations must recognize that this right to justice belongs not just to big business, but to all Americans.

We’d like to encourage everyone to read the AAJ report. Then, if you believe (as we do) that this is unfair to average citizens, then please contact the people who represent you in government. Tell them that you oppose legislation that reduces liability for corporations and limits your ability to receive compensation for your serious injuries. You can find the contact information for your representatives here:  U.S. House of Representatives.  And you can find the contact information for your senators here:  U.S. Senate.  For North Carolina state congress, click here: NC General Assembly.

To read the full article from the American Association for Justice, click here:  Do As I Say, Not As I Sue

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1
Nov

November is National Family Caregivers Month

Everyday, 65 million family caregivers in this country fulfill a vital role taking care of a chronically ill family member. Along with doctors and specialists, family members are an important part of the caregiver team. Family caregivers are the most familiar with their sick loved ones’ medicine regimen… they are the most knowledgeable about the treatment regimen… and they understand best the dietary and exercise regimen. They are often there, in the care-giving trenches, 24 hours a day, 7 days a week… often without a vacation or break.

Every year since 1997, presidents have signed proclamations designating November as National Family Caregivers Month. Coordinated by the National Family Caregivers Association, November is set aside as a time to thank, support, educate, and empower family caregivers. The goal is to raise awareness of family caregiver issues, celebrate the efforts of family caregivers, and increase support for these unsung heroes.

In 2009′s National Family Caregivers proclamation, President Barack Obama said:

“The true strength of the American family finds its roots in an unwavering commitment to care for one another.”

Top Ways to Celebrate National Family Caregivers Month 2011

According to the National Family Caregivers Association, you can participate in National Family Caregivers Month, too, even if you are not a caretaker yourself.

  1. Offer a few hours of respite time to a family caregiver so they spend time with friends, or simply relax.
  2. Send a card of appreciation or a bouquet of flowers to brighten up a family caregiver’s day.
  3. Encourage local businesses to offer a free service for family caregivers through the month of November.
  4. Help a family caregiver decorate their home for the holidays, or offer to address envelopes for their holiday cards.
  5. Offer comic relief! Purchase tickets to a local comedy club, give a family caregiver your favorite funny movie to view, or provide them an amusing audio book to listen to while doing their caregiving activities.
  6. Find 12 different family photos and have a copy center create a monthly calendar that the family caregiver can use to keep track of appointments and events.
  7. Offer to prepare Thanksgiving dinner for a caregiving family in your community, so they can just relax and enjoy the holiday.
  8. A United States postage stamp honoring the more than 50 million family caregivers in America is officially “under consideration” by the U.S. Citizens’ Stamp Advisory Committee. Sign the petition at www.thefamilycaregiver.org and ask others to sign the petition letter.
  9. Help a family caregiver find information and resources on the internet or to locate a local support group.

At HensonFuerst, we recognize the love, dedication, and self-sacrifice of family caregivers. They get no external rewards for their hard work. All rewards are internal, the satisfaction of knowing that a family member in need was given the best, most considerate care possible. It isn’t an easy road to walk, but along the way, the view can be beautiful.

This month, during National Family Caregivers Month, we wish peace and strength to all family caregivers.

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26
Oct

Halloween Booze It & Lose It 2011

“Booze It & Lose It” is a safety campaign run by the Governor’s Highway Safety Program (GHSP). It becomes active during high-alcohol holiday seasons. Halloween fits that description.

Starting Friday, October 28 through Monday, October 31, North Carolina will have checkpoints and stepped-up patrols in an effort to remove impaired drivers from the roads. How much of a force will be rallied? Well, in 2010, the 3-day Halloween Booze It & Lose It campaign, the 2388 checkpoints and patrols racked up more than 19,000 traffic and criminal violations. This included 774 DWIs, 405 drug violations, and 5547 speeding/reckless driving tickets.

The on-going goal of Booze It & Lose It is to make sure that drunk drivers (those who “booze it”) lose their driving privileges. In North Carolina, the first conviction for driving while impaired (DWI) requires mandatory revocation of your driver’s license for one year, and you will also pay a fine and spend up to 2 years in jail. If you get a second conviction within three years of the first, you lose your license for four years and you will also face jail time. With a third conviction (when at least one of the prior convictions was within the last 5 years), your drivers license is permanently revoked.

To read more about the facts of DWI in North Carolina and the Booze It & Lose It campaign, click here:  Save a life…Drive sober.

This Halloween weekend, party responsibly…and please don’t drink and drive. If you get stopped for DWI, it won’t matter how good your costume is, there will be no treats waiting for you in jail.

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25
Oct

Pharmacist Changes May Reduce Drug Injuries

Pharmacists are highly trained professionals. They are proficient in biology, chemistry, public health, and pharmacology. They are trained to dispense prescription drugs, while also advising patients and physicians about drug interactions, dosages, and side effects. Some pharmacists also compound new medicines by mixing ingredients.

But lately, these drug experts have been stuck behind the counter at local pharmacies, dealing with insurance companies or answering the phone to tell a patient whether her medication is ready to be picked up. A total waste of talent.

There may be hope. An article in The New York Times reports that Walgreen pharmacists are once again being allowed to become medical care providers. The company is slowly starting to renovate stores to take pharmacists out from behind the counter.

Pharmacists in the revamped stores are being kept away from the telephone, where dealing with insurance coverage questions and other administrative tasks occupy 25 percent of their time, Walgreen says.

“What we are seeing now is pharmacists should be using their knowledge to help consumers manage their medications appropriately,” said Nimesh Jhaveri, executive director of pharmacy and health care experience at Walgreen. “It’s not about the product but the care we give.”

If this works, it will be a great benefit to customers who buy prescription drugs. Fully 50% of all Americans take at least one prescription drug. Each year, more than 825,000 adverse events from medications are reported to the U.S. Food and Drug Administration (FDA), and pharmacists are important sources of this type of information. They can also be an important gatekeepers to prevent adverse events in the first place. But, of course, there must be financial incentives to allow pharmacists to regain their rightful role in the medication-dispensing process. According to The New York Times:

Federal Medicare drug laws allow for payment to pharmacists for “medication therapy management,” when patients have multiple chronic diseases like hypertension, diabetes and asthma and are taking multiple medications. In recent years, Walgreen and other pharmacy chains have lobbied aggressively for reimbursement and changes to rules that allow pharmacists to do more and to get paid for these additional services.

We’ll take anything that reduces the numbers of drug injuries in this country.

To read the full article in The New York Times, click here:  Out from behind the counter

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23
Oct

HensonFuerst Participates in 2011 NCAJ Food Drive

Every year, the North Carolina Advocates for Justice (NCAJ) holds a food drive to help the community. This far-reaching food drive will benefit people in central and eastern North Carolina, including Wake, Edgecombe, Halifax, Nash, and Wilson Counties. The NCAJ Dare to Care:  Feed Those in Need Food Drive will run from Monday, November 7 through Friday, November 11, and HensonFuerst Attorneys will be doing their part to help.

If you would like to donate to this very worthy cause, here are the details:

WHEN: Officially, the food drive starts Monday, November 7 through Friday, November 11. But we have put the boxes in place already, so you can start donating between 8am to 5pm, from now through November 11.

WHERE: Both our main offices:

  • RALEIGH: 2501 Blue Ridge Road, Suite 390; Raleigh, NC 27607.
  • ROCKY MOUNT: 2317 Sunset Ave; Rocky Mount, NC 27804.

TO DONATE FUNDS: We will gladly accept cash donations. You can drop off checks at our Raleigh or Rocky Mount offices, but give them to the receptionists instead of dropping them in the donation box. Please make checks payable to “Food Bank of Central & Eastern North Carolina.”

The NCAJ is a nonprofit, nonpartisan association dedicated to protecting people’s rights through professional and community legal education, championing individual rights, and protecting the safety of North Carolina’s families. For more information, you can visit their website at www.ncaj.com.

If you have specific questions about the food drive, please contact the drive coordinator, April McKee, at amckee@lawmed.com.

Thank you!

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