THE INJURY LAWYER DIRECTORY BLOG

Three elementary school children in the town of Dexter, New Mexico were injured yesterday when the back of their school bus was hit by a train on the way to Dexter Elementary School. One rear corner of the bus was smashed in the train accident. The injuries to the children were not severe.

There were seven or eight children on the bus at the time of the accident. The injured children were between the ages of nine and eleven. They were taken to a nearby hospital for evaluation. The other children were sent home with their parents.

All of the children were sitting near the front of the bus. Had there been children sitting in the rear, there most likely would have been more serious injuries sustained in the school bus accident. New Mexico State Police are currently investigating the accident to determine fault. The bus driver claims she didn’t see the train coming.

We trust school bus drivers to take the proper precautions to ensure that our children are safe traveling to and from school. While school bus accidents are somewhat rare, when they occur, it often leads to tragic circumstances and serious injuries. If your child has been injured in a school bus accident, it is important to consult an experienced school bus accident lawyer to see if you are entitled to receive compensation for your child’s damages.

If you have a school bus accident claim in the Phoenix, Arizona area, please contact the Law Offices of Snyder & Wenner, P.C. today to schedule a consultation.

A second unexpected spring snowstorm in the past week has wreaked havoc on Denver roads. Approximately six inches of snow hit the Denver metro area just in time for Monday morning rush hour, leading to many auto accidents and several fatalities.

Three people died in three separate accidents in the Denver metro area this morning. In all three auto accidents, the driver lost control of the vehicle and crossed into oncoming traffic, leading to the fatalities. There were many other accidents that did not lead to fatalities:

• An 18-vehicle pileup, including four tractor trailers, caused one serious injury and many other minor injuries
• A multiple car pileup occurred after a driver stopped to help a stranded car and was rear-ended by a semi-truck
• A school bus accident occurred when a truck hit the bus, tipping it on its side

Snowy and icy road conditions were responsible for all of these accidents. It is extremely important to drive more cautiously and leave a greater following distance behind other vehicles when driving in the snow. Defensive driving may help you avoid serious injuries in an auto accident.

When you are injured in an auto accident caused by another driver, it is important to consult an experienced auto accident attorney immediately to see if you are eligible to receive compensation for your damages.

If you have been injured in an auto accident in the Denver, Colorado area, please contact the Law Offices of Burg, Simpson, Eldredge, Hersh, & Jardine, P.C. today to schedule a consultation.

Congress is currently deliberating over a bill that would enable individuals serving in the military to sue the U.S. government for medical malpractice. If it passes, this bill would be a complete reversal from our country’s current policy on medical malpractice suits against military doctors.

The Carmelo Rodriguez Military Medical Accountability Act was inspired by the tragic circumstances surrounding the 2007 death of Marine sergeant Carmelo Rodriguez due to skin cancer. When Rodriguez enlisted in 1997, a military doctor found a moon-shaped melanoma on his right buttock, but failed to inform Rodriguez of its presence or refer him to a specialist. In 2005, a different military doctor examined the same region after it had begun bleeding and oozing. This doctor misdiagnosed his cancer, calling it a wart.

After returning from Iraq, Rodriguez visited a non-military doctor and found out that he was suffering from stage-three cancer, which had already metastasized throughout his body. Over the next year and a half, his condition continuously deteriorated until his death in 2007 at age 29.

If this bill passes, it will increase governmental accountability on medical issues related to the care of our military personnel. Hopefully, it would also result in improved health care for our troops so that tragic mistakes like this do not happen again.

It is important to consult an experienced medical malpractice attorney if you have suffered any injuries as a result of subpar medical treatment. You may be eligible to receive compensation for your damages.

If you have a medical malpractice claim in the New York City metropolitan area, please contact the Law Offices of Silberstein, Awad, & Miklos, P.C. today to schedule a consultation.

In light of the recent tragic death of actress Natasha Richardson after a minor ski accident, many people are questioning the safety of one of our country’s most popular winter sports. It is very true that skiing comes with inherent safety risks, but so do many other sports. Each year, hundreds of people suffer broken bones, back injuries, mild brain injuries (concussions), and knee injuries on the ski slopes. Yet, it is rare that these injuries are ever life threatening, and the majority of injured skiers come back for more as soon as their injuries have healed.

Natasha Richardson’s death from a traumatic brain injury caused by a ski fall was certainly a freak accident, not the norm for skiers. She could have sustained that injury just as easily riding her bicycle, slipping and falling on ice, participating in a martial arts class, or playing contact sports such as football. Yet because it happened on the ski slopes, legislators across the country now feel the need to meddle in the good time of outdoor enthusiasts.

The Brain Injury Association of New Jersey is currently lobbying for legislation that will make helmets mandatory for skiers under the age of 14. While wearing a ski helmet is certainly a prudent way to cut back on the risks associated with skiing, the decision to wear one should be left to the individual skier.

As a longtime skier and former resident of a major ski resort town, I am well aware of the risks associated with the sport, and I personally wear a helmet every time I go out on the slopes. However, I also support the rights of others to choose not to wear them if they prefer.

So long as you understand the risks associated with skiing without a helmet, you should be able to take those risks if you choose. Part of the charm of the sport is the fact that skiers and snowboarders get to assert their individuality through their fashion and style on the mountain. By requiring all skiers to wear helmets, you will be limiting this self expression on the slopes.

Despite the sentiments of this message, I do support the wearing of ski helmets, and I think it is a good idea for all skiers to wear them. I have many friends that take serious risks on the mountain and it blows me away that they do not wear a helmet. But I support their decision to take these risks in their own way. That is part of the sport.

If you have suffered a brain injury in the Oklahoma City, Oklahoma area, please contact the Law Offices of Carr & Carr today to schedule a consultation.

Federal investigators are currently examining the site of a Butte, Montana plane crash that killed 14 people over the weekend. The private plane was traveling from Redlands, California to Bozeman, Montana with stopovers in Vacaville and Oroville, California. During the flight, the plane got rerouted to Butte.

The plane crashed into a cemetery about 500 feet before it would have reached the runway at Butte’s Bert Mooney Airport. There were no injuries to people on the ground nearby, but 14 people on the plane died.

There was very little evidence left at the crash site to help determine its cause. The plane nosedived directly into the ground, bursting into flames and setting nearby trees on fire.

The weather does not seem to have been a factor. The plane crash occurred on a clear day. It is still uncertain whether the plane contained voice or data recorders that could shed better insight into the causes.

It is important to consult an experienced plane crash lawyer if you have a loved one who died in an airplane accident. You may be eligible to receive compensation for your loss.

If you have a plane accident claim in the Phoenix, Arizona area, please contact the Law Offices of Snyder & Wenner, P.C. today to schedule a consultation.

John Pettigrew, a 58-year-old British plumber, has been seeing blue for several weeks after overdosing on Viagra. The divorced man hadn’t had sex in over a year. When the time came to get back on the horse, he struggled with his performance, prompting him to seek a prescription for Viagra. He also obtained additional Viagra pills illegally through the Internet.

According to Pettigrew, the drug was doing its job properly, so he figured he may as well increase the dose: “I admit I ignored the advice on the packet — I was having too much fun.”

Blue vision is one of the more rare side effects caused by Viagra. Others include headaches, facial flushing, and upset stomach. However, perhaps the most alarming side effect linked to the erectile dysfunction drug is the development of Non-Arteritic Anterior Ischemic Optic Neuropathy (NAION), a sudden vision loss caused by a blockage of blood flow to the optic nerve.

NAION blindness has been reported to be 18 times higher in Viagra users than for other prescription medications approved for use by the Food and Drug Administration (FDA). It is important to consult an experienced pharmaceutical injury lawyer if you have suffered an adverse reaction to taking Viagra. You may be eligible to receive compensation for your damages.

If you have a defective drug claim in the Mobile, Alabama area, please contact the Law Offices of Long & Waite, P.C. today to schedule a consultation.

The recent death of actress Natasha Richardson after a seemingly minor ski accident underscores the importance of seeking medical attention immediately if you have received any type of blow to the head. Richardson died from a condition that many neurosurgeons commonly call “talk and die” syndrome.

Richardson fell Monday afternoon while taking a ski lesson. The fall seemed relatively ordinary, not anything to be concerned with. Her behavior after the fall seemed normal as well, so she did not think to get examined by a doctor for the presence of a brain injury. However, she began to develop symptoms indicative of a serious brain injury later that evening. By the time she received medical attention, she had suffered fatal brain damage.

It is very common for brain injury victims to experience a similar progression to Richardson’s, where symptoms do not become apparent until several hours or possibly even several days after the accident. Unfortunately, by the time these symptoms appear, it is often too late to prevent permanent brain damage or potentially even death.

These latent onset brain injuries are caused by an epidural hemorrhage, a condition occurring when blood builds up between the skull and the layer of skin between the bone and the brain, called the dura matter. When a blow to the head ruptures an artery, the resulting hemorrhaging causes a build-up of pressure in the skull. This pressure impacts the brain, causing it to swell, further reducing blood flow to the region.

Over time, symptoms will begin to develop from the injury. The longer the injury persists without medical attention, the more serious the consequences. In Richardson’s case, the damage was done quickly. She received medical attention several hours after the injury, but it was already too late to save her life.

If you have been injured in an auto accident, sports accident, or slip and fall accident, it is important to seek medical attention immediately, even if you feel fine. You may have sustained a serious brain injury that will not become apparent until later. If your injury was caused by the negligent actions of another, you should consult an experienced brain injury lawyer as well. You may be eligible to receive compensation for your damages.

If you have suffered a brain injury in the Orlando, Florida area, please contact the Law Offices of Michael Barszcz, M.D., J.D. today to schedule a consultation.

Miami Children’s Hospital has moved children from the Neonatal Intensive Care Unit (NICU) into another section of the hospital in order to cleanse the ward of toxic substances. At least two strands of pseudomonas, a fatal and drug-resistant bacteria, have been discovered in the NICU recently. Two babies have died from exposure to the toxic substance within the past week.

The NICU at Miami Children’s Hospital is responsible for treating premature or sick newborn babies. Doctors who had originally planned on sending newborns to the NICU for treatment have been making alternate arrangements as a precautionary measure.

Hospitals have an obligation to maintain a safe environment for their patients. This includes ensuring that hospital wards are sterile and sanitary so that sick patients with already weakened immune systems do not suffer needless harm from exposure to toxic substances. This obligation is especially important in a children’s ward or a neonatal area. When a hospital fails to maintain a safe environment for its patients, it is guilty of premises liability and should be held accountable for its negligent actions.

Most likely, Miami Children’s hospital will face two premises liability or possibly even wrongful death lawsuits for failing to remove the deadly bacteria before young children became sick and died. When you or a loved one has suffered an illness or injury due to the unsafe conditions at a hospital, you should consult an experienced premises liability attorney immediately to find out if you are eligible to receive compensation for your damages.

If you have a premises liability claim in the Columbus, Ohio area, please contact the Law Offices of Robert W. Kerpsack Co., L.P.A. today to schedule a consultation.

As President Obama gears up to attempt a major overhaul of our health care system, doctors and lawyers are digging in for what may potentially be a long battle.

For years, doctors have been arguing that medical malpractice lawsuits are a big reason health care costs are so high. As a result, many medical professionals and medical organizations, including the American Medical Association (AMA), are insisting that any bill dealing with health care reform must contain a provision that will effectively curb the large number of medical malpractice lawsuits running rampant in our country.

Trial lawyers have a slightly different take on the issue. They have adamantly argued that lawsuits are not responsible for rising health care costs.

President Obama’s health care reform team has indicated that tort reform will be involved in this bill in some way, but they haven’t as of yet offered any specifics. This is a delicate subject. While malpractice insurance premiums certainly contribute to the massive overhead experienced by many doctors, it is not clear that severely limiting these lawsuits is the answer to providing high quality health care at affordable costs. Our tort system serves as an accountability system for medical professionals and ensures patients that they will be properly compensated for injuries suffered due to negligent medical practices.

If one of the goals of this health care reform is to effect a change in the way doctors practice medicine by forcing them to provide higher quality care instead of simply running a barrage of tests to boost the bill, then maintaining our tort system is crucial. Otherwise, there will not be any safeguards to ensure that patients receive the highest possible quality of care at all times.

If you have a medical malpractice claim in the Tulsa or Oklahoma City area, please contact Carr & Carr Attorneys at Law today to schedule a consultation.

Last week, the New Jersey Appellate Court overturned a verdict against Hoffman-LaRoche, the makers of Accutane, and remanded the case for a new trial. This ruling comes directly on the heels of the Supreme Court’s decision in Wyeth v. Levine, which dealt a major blow to pharmaceutical companies hoping to avoid product liability claims by using the controversial preemption defense. In many ways, the New Jersey Appellate Division’s ruling has given pharmaceutical companies a major jolt in their time of need.

The court overturned a New Jersey jury’s verdict in McCarrell v. Hoffman-LaRoche that awarded Andrew McCarrell $119,000 in medical expenses and $2.5 million in compensatory damages in a product liability lawsuit over injuries he sustained from taking Accutane. After using Accutane to treat his acne, McCarrell developed inflammatory bowel disease, causing him to have his colon surgically removed.

The appellate court ruled that the judge in the trial court made a mistake in allowing expert testimony for the plaintiff detailing the number of incidents where Accutane has led to harmful side effects in consumers, while omitting Hoffman-LaRoche’s rebuttal testimony indicating the relatively small percentage of Accutane patients who actually suffer harmful side effects. This ruling will most likely benefit other pharmaceutical companies who have experienced similar restrictions in expert testimony.

The appellate court also ruled that the trial court must examine Hoffman-LaRoche’s preemption defense based on the Supreme Court’s recent decision in Wyeth v. Levine. The trial court must decide whether Hoffman-LaRoche can clearly prove that the FDA would not have approved an alteration to the Accutane label.

Ultimately, this isn’t a clear-cut victory for pharmaceutical companies. This case will go to trial again in the state of New Jersey, and Hoffman-LaRoche may still find themselves facing a hefty settlement payment at the conclusion of the second trial. However, this appellate victory will clearly help pharmaceutical companies in future defective drug claims.

When prescription drugs cause you to develop a serious illness or injury from their consumption, pharmaceutical companies must be held accountable. You may be eligible to receive compensation for your damages. Given the complex nature of the laws governing these claims, it is important to hire an experienced pharmaceutical liability attorney who is up-to-date on the rapid developments regarding these lawsuits.

If you have a defective drug claim in the Denver, Colorado area, please contact the Law Offices of Burg, Simpson, Eldredge, Hersh, & Jardine, P.C. today to schedule a consultation.