Roanoke Personal Injury Lawyer

Finally - A Judge Gets It!

Dan Frith — Tue, 13 May 2008 06:18:00 GMT

Kudos to a Fulton Superior Court (Georgia) judge Marvin Arrington! Last week Judge Arrington found his state's law limiting damages in medical malpractice cases to be invalid.

In 2005, the Georgia Legislature placed limits on damages for "pain and suffering" in cases involving medical negligence. "The statute effectively puts substantial limitations on the rights of the poor and middle class to recovery while leaving the right to virtually unlimited recoveries unimpeded for the wealthy," wrote Judge. "The disabled manager of a hedge fund, a corporate CEO, an entertainer or such other person whose income is in the tens of millions of dollars has a claim under Georgia law that would dwarf the amount awarded in any case for pain and suffering."

This is a great victory for the consumer of medical care but hold on....the big money behind America's Medical - Industrial Complex will appeal Judge Arrington's decision to the Georgia Supreme Court. Only time will tell if consumer rights and fairness overcome money!

West Virginia: ATV Accidents On The Rise

Dan Frith — Mon, 12 May 2008 06:24:00 GMT

It is that time of year when people start getting outdoors more...becoming active..but these numbers from the state of West Virginia involving fatal accidents and All Terrain Vehicles (ATVs) is scary!

Dr. Jim Helmkamp, director of the West Virginia University's Injury Control Research Center, reports that as of April 1, four people had been killed in West Virginia while riding ATVs. In 2006, 54 people died, although by April 1 only seven had been killed in ATV accidents. Those numbers followed suit for 2007, when by the first of April only eight people were killed but by the end of December 45 were dead, according to the Criminal Justice Statistical Analysis Center and Bureau for Public Health report, which Helmkamp helped prepare.

These numbers are way too high! If you drive an ATV be smart. Use a helmet, stay off paved roads, and don't drink alcohol before or during operation of the ATV.

Be Active...Not Stupid!

Watchout! Swimming Pool Season is Just Around the Corner

Dan Frith — Sun, 11 May 2008 06:21:00 GMT

Do you have a swimming pool or hot tub? Does your neighborhood association operate a pool? If so, it is time to get ready for the "pool season" and make that pool as safe as possible. Why? How about the fact that the Consumer Product Safety Commission (CPSC) estimates that 260 children under 5 drown in swimming pools each year. Pretty scary, right!

I am proud to tell you the U.S. Congress signed into to law this past December the Virginia Graeme Baker Pool and Spa Safety Act. Virginia Graeme Baker, 7, the granddaughter of former secretary of state James Baker, died in a hot tub in 2002. She was pulled below the water and drowned because she was trapped by the suction at the hot tub's drain. The law sets federal requirements for drain covers at public pools. It also encourages states to increase safety requirements for all pools.

Below I have listed some additional steps to take to increase the safety of your pool:

· During off hours, cover the pool with an impenetrable membrane that blocks access to the water.

· Supervise children. Flotation devices and swimming lessons don't prevent drowning.

· Keep rescue equipment and a telephone next to the pool.

· Check the drain cover regularly. If it is broken or missing, install the newer (and safer) type of drain cover, which is dome-shaped instead of flat.

· At the first sign of thunder or lightning in the area, evacuate the pool and surrounding deck.

BE SAFE AND ENJOY YOUR SUMMER!

U.S. Supreme Court Busy Taking Away Your Rights

Dan Frith — Sat, 10 May 2008 06:38:00 GMT

American consumers have President George Bush to thank for this one. The current President has made sure that every open seat on the highest court in America is filled with a jurist who will protect Big Business at the expense of the "little guy."

I am talking about the U.S. Supreme Court's decision in Riegel v. Medtronic, Inc. Mr. Riegel sued Medtronic, a catheter manufacturer, for injuries he suffered when a balloon catheter burst when he was undergoing angioplasty surgery. Medtronic asked the court to dismiss the suit arguing the balloon catheter had pre-market approval from the Food and Drug Administration (FDA) and that any subsequent lawsuit against it was barred by the Food, Drug, and Cosmetic Act.

And guess what? The U.S. Supreme Court agreed and dismissed the suit. So, if the FDA, which has proven over and over again that it cannot protect the American public, approves a new medical device (even though defectively designed) it is insulated from legal responsibility. Do you remember the FDA's previous pre-market approval mistakes involving the medications Duract, Rezulin, Seldane, Crestor, Baycol and on and on and on......?

You know better...

Lauren Ellerman — Fri, 09 May 2008 11:58:00 GMT

You know better than your doctor does. No, maybe not about how the liver metabolizes certain substances and other complicated medical issues, but you know better about your own body, and what medicine works, and what doesn't work etc.

Does your new med make you feel drowsy? Upset? Not help as much as the old? Tell your doctor and ask why the change was made. It may be for a good reason like recent FDA studies reflect bad side effects... or it may be because your doctor forgot about your old med, and the pharmaceutical rep for the new one just dropped some samples off.. Either way, be sure to share your thoughts and experience, and ASK WHY the change was made.

Afterall - sometimes you do know better.

Birth Control Patch - Scary?

Lauren Ellerman — Fri, 09 May 2008 07:56:29 GMT

This week a consumer advocacy group petitioned Washington to take birth control patch off the market. Why? Studies show that users have an increased chance of blood clots. a 60% higher chance. Although the FDA has updated the warnings on the box, little else has been done.

So doctors took to the halls of Congress to bring attention to the issue.

It is a good idea to petition the government when studies reflect medication side effects outweight benefits. Afterall, hard for your Senator and the FDA to say they had no idea when it is too late!

Pfizer Settles Lawsuits Over Painkillers

Dan Frith — Fri, 09 May 2008 06:19:00 GMT

The reports are begining to be circulated that another member of "Big Pharma", Pfizer, Inc., has settled a group of cases with plaintiffs who allege the painkillers, Celebrex and Bextra, caused heart attacks and strokes. The reported settlements are only with approximately 200 plaintiffs, but thousands of people have sued Pfizer over the two medications.

Celebrex is in the Cox-2 inhibitor drug class and is the last drug of this classification to still be sold in the US. Vioxx and Bextra manufactured by Merck, also Cox-2 inhibitor painkillers, were withdrawn from the market due to safety concerns. It is reported that Pfizer is offering approximately $200,000 per per plaintiff in the Bextra cases and between $40,000 and $50,000 for the Celebrex suits.

Pfizer has been in trouble with the Food and Drug Administration (FDA) before, most recently over apparent misleading information about Dr. Robert Jarvik and the cholesterol medication, Lipitor.

It sure is nice to see Big Pharma accepting legal responsibility for their unsafe drugs.

Parents Should Monitor Teens Use of Insulin Pumps

Dan Frith — Thu, 08 May 2008 06:57:00 GMT

Insulin pumps are used by thousands and thousand of American teenagers with Type I diabetes. Type I diabetes occurs when the body's own immune system destroys the insulin-producing cells of the pancreas. For people who are not diabetic, the body's immune system fights off foreign invaders like viruses or bacteria. But for unknown reasons, in people with Type 1 diabetes, the immune system attacks various cells in the body. This results in a complete deficiency of the insulin hormone. Insulin regulates blood sugar levels, which , when too high can lead to heart disease, blindness, and kidney damage.

Insulin pumps are popular because they can free the user from a strict regimen of meals, sleep, and exercise, because the pump can programmed to match a teenager's changing schedule. They no longer need to give themselves shots every day. Instead, they will program the pump what to do at every meal and sometimes in between. But there are dangers....

The Food and Drug Administration (FDA) is studying the use of insulin pumps and found 13 deaths and more than 1,500 injuries connected with the use of the pump over the last 10 years. These are alarming numbers and you should read the report which has been published by the journal, Pediatrics. These dangers often arise from a young user's lack of knowledge about the pump and how to use it safely.

Parents...keep an eye out for your teenager if he/she is using a pump...it just might save their life.

Hospital Administrators Should Go To Jail For This One

Dan Frith — Wed, 07 May 2008 15:53:35 GMT

I could not believe the story when I first read it. Hospital administrators failed to report a sexual assault of a patient to the police. You have got to be kidding me!

Police were called to Healthcare-Osborn Hospital in Scottsville, Arizona on Jan. 14 by a security supervisor reporting a sexual assault of one of the hospital patients. The officer assigned to the incident discovered that a complaint was reported to the hospital on Dec. 12, 2007, over one month earlier. The officer discovered that between the time it learned of the incident and the time of its report to police, the hospital staff had been conducting what was described as an "internal investigation" into the incident.

Susan G. Livengood (associate vice president); Shelly M. VanVianen (nurse manager); Patricia Crellin (a psychiatrist) and Madlyn Costantino (a rehab coordinator) were each charged with one count of failure to report assault of an incapacitated/vulnerable adult.

Hospitals are used to hiding what really goes on in their facilities from their patients (and their lawyers) and their habit and practice carried over into hiding the facts behind a criminal attack. I hope someone serves some jail time for this one!

Representative Hank Johnson (D-Ga.) Deserves Your Thanks

Dan Frith — Wed, 07 May 2008 06:24:00 GMT

I have previously written about the evils of arbitration agreements. Mandatory Arbitration is a legal process whereby parties agree to arbitrate a dispute and waive their Constitutional right to a jury trial. Arbitration clauses are found in many types of agreements ranging from vehicle purchases, cellular phone services, nursing home and rental agreements, product warranties, medical care, employment agreements and the list goes on and on. They treat the party with the least amount of resources the worst!

Here is where Representative Hank Johnson comes in. In 2007, he introduced legislation to protect consumers and halt this practice. H.R. 3010, the Arbitration Fairness Act, seeks to make mandatory binding arbitration clauses in consumer employment and franchise agreements unenforceable.

The Arbitration Fairness Act of 2007 establishes that agreements to arbitrate employment, consumer, or franchise disputes will not be enforceable if they are entered into before the actual dispute arises. The Act does not prohibit arbitration, but it will prevent big business from forcing consumers and employees into arbitration through a contractual provision. With 86 cosponsors, the bill has been picking up steam despite the vigorous opposition from the business community.

Write or call you Congressional representative and ask them to support The Arbitration Fairness Act of 2007.....and also thank Representative Johnson for his fine work!