Archive for the ‘ Toxic Injury ’ Category

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9
Feb

NC State Bus Driver Died Of Carbon Monoxide Poisoning

February 9, 2012

A 50-year-old bus driver for the North Carolina State University died of carbon monoxide poisoning on her bus. According to reports from WRAL News, the woman had made numerous complaints before passing away that she smelled fumes on the bus.

On December 21 of last year, two other drivers made complaints of smelling fumes on the same bus. Hours later, the 50-year-old woman pulled the bus over on the University’s Centennial Campus and called 911. She was taken to a local hospital where she died three days later form what coroners have determined was carbon monoxide poisoning.

The bus company, First Transit, confirmed that the vehicle was taken out of commission pending an investigation by the North Carolina Department of Labor.

This isn’t the only incident though. Last month, another driver and several of the bus’s passengers complained of smelling fumes while riding. Although the company’s maintenance department examined the bus, they found nothing wrong and the vehicle continues to run.

Another driver reported quitting the company in the months prior to the death of her colleague because she felt the managers were not properly addressing safety concerns after she made numerous complaints of the fumes and nothing was done.

The North Carolina toxic exposure attorneys with HensonFuerst often handle numerous cases where people have been hurt or killed by poisons in their environment. If dangerous toxins have caused you harm, we may be able to help.

Popularity: 1% [?]

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16
Dec

FDA Wants Blood Clots Added to YAZ Labels

The U.S. Food & Drug Administration (FDA) has recommended that the labels for birth control pills Yaz and Yasmin, manufactured by Bayer HealthCare Pharmaceuticals, be strengthened to include more information about the increased risk of blood clots.

This is not Bayer’s first appearance at the FDA scrutiny rodeo. In 2008, Yaz was the best-selling birth control pill in the United States, pushed by an advertising campaign said to have cost hundreds of millions of dollars. You might remember these original ads:  A group of beautiful, young women in a cool restaurant or club are talking with their friend, who happens to be a doctor. She informs her friends that Yaz is birth control, but also prevents severe premenstrual symptoms and clears up acne. As the saying goes, if it sounds too good to be true, it probably is.  The FDA cracked down, and in 2009, Bayer was required to run a $20 million advertising campaign designed to correct its previously deceptive—and some might say irresponsible—commercial ads. Bayer’s new ads warned that nobody should take Yaz hoping that it would also prevent PMS or pimples.

This new problem is more serious.

According to an article in The New York Times, there has been a question of whether Yaz, which contains a synthetic form of progestin called drospirenone, is more likely to cause blood clots than other, more conventional contraceptive pills. In October 2011, the British Journal of Medicine published research showing that women taking Yaz or Yasmin had double the risk of blood clots, compared with women taking older contraceptives.

Currently more than 10,000 lawsuits have been filed on behalf of women who were harmed by Yaz or Yasmin…including about 100 fatalities. According to The New York Times:

In documents released recently in those lawsuits, David Kessler, a former F.D.A. commissioner working as an expert witness for the plaintiffs, said that Bayer researchers found increased reports of blood clots in women using Yasmin in the United States, compared with those using three other pills, but did not provide that information to the F.D.A. in a 2004 safety review.

“Bayer presented a selective view of the data, and that presentation obscured the potential risks associated with Yasmin,” Dr. Kessler testified. He also said the company promoted the pill for alleviating premenstrual syndrome, when it was not approved for that use.

To many experts and non-experts alike, blood clots are too great a risk. And many young women may not understand what “blood clots” really means. It sounds innocuous and minor, but the results can be devastating. If the clot lodges in the heart, it can cause a heart attack…if it lodges in the brain, it can cause a life-changing stroke. According to an article in the New York Daily News:

“I can see no real group of patients that this drug benefited over existing alternatives,” said Mark Woods of New York University School of Medicine. “Without any clear benefit, and given the potentially catastrophic risk, I voted no [to keeping the drug on the market].”

If you are a woman who has been injured after taking Yaz or Yasmin birth control pills and have questions about your rights, feel free to call the experienced attorneys of HensonFuerst. Someone is available to take your call 24 hours a day, 7 days a week at 1-800-4-LAWMED. If you have questions, HensonFuerst has answers.

RESOURCES

To read the article in The New York Times about the 2009 advertising correction, click here: A Birth Control Pill That Promised Too Much

To read the article in The New York Times about the blood clot risk, click here: More Detail on Risk Urged for a Contraceptive Label

To read the article in the New York Daily News, click here: Yaz and other birth control pills to get harsher labels

Popularity: 2% [?]

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15
Dec

Two Siblings Treated For Smoke Inhalation After Raleigh Fire

December 15, 2011

An early morning fire in Raleigh, North Carolina, on Wednesday sent a child and his infant sibling to the hospital. According to WRAL News, firefighters received the two-alarm call to the 1500 Block of N. Raleigh Boulevard at around 4:30 in the morning.

Witnesses stated that a single mother of four lived in the apartment where the fire originated. Rescuers were able to pull the family to safety, but the eldest child soon went into respiratory arrest and had to be revived by paramedics. Both the child and his infant sibling were taken to WakeMed to be treated for smoke inhalation. The children’s mother was taken to UNC Hospitals in Chapel Hill to have several cuts examined that happened when she fell as she was fleeing from the fire.

Investigators say the cause of the blaze was unattended food cooking on a stove top.

One of the most common and deadly injuries one can suffer in a fire is smoke inhalation. Coroners often find that victims in fatal fires were dead from inhaling the surrounding fumes long before they are ever burned. Some of the common side effects of smoke inhalation are:

  • Sore, irritated throat
  • Coughing and Hoarseness
  • Difficulty Breathing
  • Change in skin tone
  • Headache and Nausea

Some overseas studies have even linked smoke inhalation to an increased risk of lung cancer later in life.

If you have suffered a fire and burn injury that was caused at no fault of your own, contact the North Carolina Fire and Burn Injury Lawyers with HensonFuerst today to discuss your options with an experienced team of attorneys.

Popularity: 2% [?]

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21
Jul

Camp Lejeune Toxic Water Subject Of Discussion At Forums

July 21, 2011

Toxic well water at Camp Lejeune, in eastern North Carolina, was a hot topic at forums held on campus at The University of North Carolina at Wilmington on Wednesday. WRAL.com reported the Agency for Toxic Substances and Disease Registry (ATSDR) formed the groups in the hopes of easing public concern by answering questions and offering information for education on the topic. ATSDR formed a seven-member community assistance panel to represent the marines and sailors from the base and to voice their opinions and concerns on the matter. The agency then held a second forum for the public that allowed time to answer any questions attendees may have and to discuss opportunities for future health studies.

The well water at Camp Lejeune had been poisoned for years by leaks in fuel tanks and other sources of pollution. With an estimate of over 1 million people exposed to the toxins, many cases of disease have been linked to the contamination. Retired Marine Master Sargent Jerry Ensminger lost a daughter who was conceived at the base to childhood Leukemia at the age of nine. Her form of Leukemia has since been linked to benzene, one of the many toxins found during testing at the camp site.

HensonFuerst has a team of experienced North Carolina Toxic Exposure Attorneys who can fight for the rights of benzene victims. Contact our legal team immediately for a free consultation of your case.

Popularity: 5% [?]

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12
Jul

Lead Paint Contamination in Garner Daycare

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from WRAL.com

This story is very disturbing. According to an article on WRAL.com, county inspectors found hazardous levels of lead paint inside Ridoutt’s Daycare Center. The facility closed its doors after receiving the final environmental lead investigation report on July 5. The report (available here: Wake County Lead Investigation Report) reported that hazardous levels of paint were found inside the infant area and the kitchen.

Ridoutt’s Daycare Center has been in business for more than 60 years. The lead investigation began after a routine sanitation inspection found flaking paint in the kitchen. According to the WRAL.com article:

Christy Harris, who worked at Ridoutt’s for nine years before being laid off in February, said she noticed signs of possible lead paint exposure during her employment.

“We were all having headaches, stomachaches. The kids were always sick,” Harris said.

Harris became pregnant while working at Ridoutt’s, and her daughter, now 5 years old, attended the daycare. Now, Harris and many other daycare parents will be having their children tested for possible lead exposure. In fact, the Riddouts themselves have also had their children tested. According to the article:

Harris said many parents pulled their children out of the day care center before the county confirmed their suspicions that lead paint was present there.

“They would always tell me, ‘It’s the facility. We feel like something’s not right here. We feel like we need to take out child out,’” Harris said.

The Dangers Of Lead Exposure

According to the American Academy of Child & Adolescent Psychiatry, lead exposure is one of the most common preventable poisonings in children. Children are especially vulnerable because their rapidly developing nervous systems are particularly sensitive to the effects of lead.

Exposure to lead can have a wide range of effects on a child’s development and behavior. Even when exposed to small amounts of lead levels, children may appear inattentive, hyperactive and irritable. Children with greater lead levels may also have problems with learning and reading, delayed growth and hearing loss. At high levels, lead can cause permanent brain damage and even death. [AACAP]

According to the U.S. Consumer Product Safety Commission (CPSC), early symptoms of lead poisoning in children are often confused with other illnesses. These can include persistent tiredness, irritability, loss of appetite, stomach discomfort, reduced attention span, insomnia, and constipation. Failure to treat children in the early stages can cause long-term or permanent health damage.

In addition, lead poisoning can also affect adults:

In adults, [lead poisoning] can cause irritability, poor muscle coordination, and nerve damage to the sense organs and nerves controlling the body. Lead poisoning may also cause problems with reproduction (such as a decreased sperm count). It may also increase blood pressure. [CPSC]

It is generally and widely known that older homes often have lead-based paint. About two-thirds of the homes built before 1940 and one-half of the homes built from 1940 to 1960 contain heavily-leaded paint. Homes built between 1960 and 1980 may also have lead. Rules for lead in paint were changed in 1978, so most homes built in the 1980s until the present are generally considered safe.

How Are Children Exposed to Lead?

Although it might seem difficult to get exposure to lead from paint, it is actually quite easy for contamination to occur. According to the CPSC:

Eating paint chips is one way young children are exposed to lead. It is not the most common way that consumers, in general, are exposed to lead. Ingesting and inhaling lead dust that is created as lead-based paint “chalks,” chips, or peels from deteriorated surfaces can expose consumers to lead. Walking on small paint chips found on the floor, or opening and closing a painted frame window, can also create lead dust. Other sources of lead include deposits that may be present in homes after years of use of leaded gasoline and from industrial sources like smelting. Consumers can also generate lead dust by sanding lead-based paint or by scraping or heating lead-based paint.

Lead dust can settle on floors, walls, and furniture. Under these conditions, children can ingest lead dust from hand-to-mouth con- tact or in food. Settled lead dust can re-enter the air through cleaning, such as sweeping or vacuuming, or by movement of people throughout the house.

What to Do If Your Child Was Exposed to Lead

If your child attended Ridoutt’s Daycare Center (600 Saint Marys Street in Garner), it is a good idea to have your child tested for lead poisoning. Contact your health care provider or a Wake County public health clinic (Main clinic information number: 919-212-7000). Mention that your child may have been exposed to lead at the daycare.

RESOURCES

Full WRAL.com article:  Lead paint contamination closes Garner day care

American Academy of Child & Adolescent Psychiatry:  Lead exposure in children affects brain and behavior

U.S. Consumer Product Safety Commission:  What you should know about lead based pain in your home–safety alert

Popularity: 3% [?]

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10
Feb

Multaq Linked to Severe Liver Damage

The U.S. Food and Drug Administration (FDA) has announced that the heart medication dronedarone (brand name Multaq) has been associated with rare but severe liver injuries—including two cases of acute liver failure leading to liver transplant.

Dronedarone is a drug used to treat abnormal heart rhythm in patients who have had an abnormal heart rhythm (atrial fibrillation or atrial flutter) during the past 6 months. Dronedarone can reduce the risk of being hospitalized for these heart problems.

Previous warnings about the drug were directed at people with recent severe heart failure; for those patients, Multaq carried a risk of death. Other than that, however, the FDA reported few serious side effects, and list the most common reactions as diarrhea, nausea, vomiting, and loss of strength. (For the 2009 FDA approval announcement click here: FDA Approves Multaq)

The FDA gives the following recommendations:

  • Contact your healthcare professional if you develop itching, yellow eyes or skin, dark urine, loss of appetite, or light-colored stools. These may be signs of liver injury.
  • Talk to your healthcare professional about any concerns you have with this medication.
  • Do not stop taking dronedarone unless told to do so by your healthcare professional.
  • Report any side effects you experience to the FDA MedWatch program (1-800-332-1088; MEDWATCH)
  • Read the Medication Guide when picking up a prescription for dronedarone. It will help you understand the potential risks and benefits of this medication.

To read the full FDA safety announcement for Multaq, click here: Severe liver injury associated with the use of dronedarone

If you believe you have developed liver damage as the result of taking Multaq and would like to explore your legal options, please feel free to contact HensonFuerst Attorneys at 1-800-4LAW-MED. Or, visit our site at http://www.lawmed.com/.

If you have questions, HensonFuerst has answers.

Popularity: 3% [?]

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7
Jul

Support for New Bill to Streamline Medicare Reimbursements

Imagine that you have been in a car wreck and are unable to work because of your injuries… or that you have ongoing hospital bills due to medical malpractice. You’ve done everything right. You took your case to court and won a settlement for your losses. How long do you think it might take to receive the money you need to pay your mortgage or other bills?

If you are younger than age 65, you could receive your settlement check within weeks. That sounds right, right? Here’s the problem: If you are age 65 or older, your settlement check could be delayed by years. Yes…years. The difference is due to the red-tape run-around involving something called the Medicare Secondary Payer System (MSP).

The MSP was the product of good intentions. It was designed to help keep Medicare solvent by reimbursing the Medicare Trust Fund if another insurance or compensation source is available to pay for health care costs. The timeline (ideally) would go like this:

  1. An injury occurs.
  2. The medical bills are paid by Medicare.
  3. A lawsuit is filed.
  4. A lawsuit is won.
  5. Medicare is contacted.
  6. Medicare bills are tallied.
  7. Medicare is reimbursed from the settlement money.
  8. The remainder of the settlement goes to the injured person.
  9. Other bills get paid and justice is done.

Again, that’s the ideal. In reality, this is what happens (differences are highlighted):

  1. An injury occurs.
  2. The medical bills are paid by Medicare.
  3. A lawsuit is filed.
  4. A lawsuit is won
  5. Medicare is contacted. (So far, so good.)
  6. Medicare sits on the request to tally the bill.
  7. Medicare sits on the request to tally the bill.
  8. Medicare sits on the request to tally the bill.
  9. Medicare sits on the request to tally the bill.
  10. Medicare sits on the request to tally the bill. (ad infinitum)
  11. Other bills don’t get paid; justice is not done.

The funds that have been won in a lawsuit can be tied up for years due to the red-tape and inefficiencies of the MSP system. And remember, we’re talking about senior citizens–many of them die before they see a dime of the money that could improve their lives.

What Is Being Done?

There is currently a Bill before Congress that would streamline the process of Medicare reimbursement. The Bill (HR 4796: The Medicare Secondary Payer Enhancement Act) will do several things. Most importantly, it will require that Medicare respond to requests for recovery information within 60 days… that Medicare develop an appeals process for repayment determinations…and that there be a 3-year statute of limitations, so that Medicare can’t ignore injured seniors forever.

One has to wonder why the system would allow this kind of bureaucracy or incompetence to continue. Don’t they want funds repaid in a timely manner? Who benefits from keeping the law in place as it is? It seems like no one: The bill was introduced in March 2010 by Reps. Patrick Murphy (D-Pa.) and Tim Murphy (R-Pa.). It is co-sponsored by 26 other Representatives–Democrats and Republicans–and is backed by a varied group of organizations and businesses, including Walmart, the Defense Research Institute, the American Insurance Association, and Safeway.

HensonFuerst also supports the bill. We have seen many of our clients suffer needlessly–additional suffering on top of their injuries–because of the current difficulties with Medicare reimbursement. If you want to read the full bill and see its status, click here: http://www.govtrack.us/congress/bill.xpd?bill=h111-4796

And if you want to send a message of support to your Representative in Congress, go to the website for People Over Profits (http://www.peopleoverprofits.org), or click here to be taken to their dedicated web page: Support HR 4796.

Popularity: 53% [?]

1
4
Jun

RECALL: McDonald’s Shrek Glasses

According to WRAL, the U.S. Consumer Product Safety Commission has announced the voluntary recall of its 16-ounce promotional glasses because the painted design contains cadmium, a toxin that can cause cancer, bone softening, and kidney problems. The glasses are being sold to advertise the theatrical release of “Shrek Forever After.”  About 12 million glasses have been sold.

Customers are advised to immediately stop using the glasses.

Do not throw them away, though–McDonald’s will buy them back from you. While no details have been released about how and when the buy-back will happen, McDonald’s promises more information on its recall web page beginning June 8, 2010. We hope there will be much more information forthcoming, because there is a lot of nothing there as of today.  (Click here:  McDonald’s Recall Page)

The Consumer Product Safety Commission is interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell them about it by visiting https://www.cpsc.gov/cgibin/incident.aspx.  If you believe your child has been injured as a result of these glasses, and you want to know what your legal options are, call the attorneys of HensonFuerst–if you have questions, we have answers.

Popularity: 20% [?]