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Personal Injury Law

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Last Entry: May 12, 2010 at 12:48:44

Trends in Nursing Home Deficiencies and Complaints

Posted on December 30, 2008
There was a memorandum sent to the Acting Administrator for Centers for Medicare & Medicaid Services from the Inspector General for the Department of Health & Human Services regarding “Trends in Nursing Home Deficiencies and Complaints...

Texas Nursing Homes Get Low Rankings from Federal Government

Posted on December 24, 2008
Making the decision to put a loved one in a nursing home can be extremely difficult and sometimes even more difficult is trying to choose the right nursing home. In a previous post about nursing home abuse, I talked about tools for researching nursing homes such as, looking up state-specific inspections, checking the sex offenders’ registry, and talking to current residents and their families...

Pedestrian Bridge Collapse in Atlanta

Posted on December 23, 2008
The Atlanta Botanical Garden was closed last Friday because of construction that was intended to improve the park for visitors. Unfortunately, the renovations went horribly wrong when an elevated pedestrian bridge collapsed killing one construction worker and injuring at least 18 others...

Toy Companies Settle Case with 38 States

Posted on December 18, 2008
pI a href="http://sanantonio.injuryboard.com/toxic-substances/made-in-the-usa.aspx?googleid=253000 "recently wrote/a about toxic levels of lead in childrenrsquo;s toys, and it is important to note that the potential dangers to children from too much lead exposure are hearing loss, headaches, delayed growth, and brain and nerve damage if the problem goes undetected and untreated...

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Summertime Swimming

Posted on December 17, 2008
pIt is a classic pastime for much of the country but what most people don't realize is some of the inherent dangers built into the actual swimming pools./p pAlan Korn, public policy director of the Washington-based nonprofit group a href="http://www.safekids...

Lack of State Investigations into Nursing Homes

Posted on December 11, 2008
I am continually amazed when I read the TDADS investigations into nursing home complaints. TDADS is the regulatory agency that regulates nursing homes. I have been handling cases against nursing homes for many years and have been reviewing these investigations...

Made in the USA

Posted on December 10, 2008
The news may focus on toxic toys from China, but that does not mean they are the only country manufacturing toys containing dangerous chemicals and toxins. In fact one of the highest lead-containing items of children’s products tested was a Halloween pumpkin pin made right here in the United States...

New Sleep Recommendations for Doctors in Training

Posted on December 09, 2008
The Institute of Medicine released a report recommending doctors-in-training to work no more than 16-hours per shift without taking a sleep break for at least five hours. The institute found clear evidence tying doctor mistakes to the lack of sleep...

Toxic Toys Still on Shelves

Posted on December 05, 2008
In August a safety law was passed as part of the Consumer Protection Product Safety Improvement Act but does not take effect until February 10th, therefore, leaving the shelves with dangerous toys. Buyers beware and shop smart. The “Trouble in Toyland” reported in 2007, more than 80,000 children under the age of 5 ended up in the emergency room due to injuries from toys and 18 died...

Abuse at Nursing Home by Teens

Posted on December 05, 2008
In a horribly shocking story reported yesterday, two teen-age girls are accused of abusing nursing home residents, with four other girls accused of failure to report the abuse. The girls worked as nursing aids in the afternoons and were hired to perform tasks such as brushing the residents’ hair and teeth or helping the residents who suffer from Alzheimer and dementia with other daily tasks...

Cop Dies After Car Wreck

Posted on December 03, 2008
An unfortunate car wreck on Saturday night involving two police officers and another vehicle have prompted the department to investigate their “lights and siren policy”. Officer David Seaton was responding to a robbery call when he proceeded through the intersection of Potranco and Hunt crashing into another vehicle causing Seaton's patrol car to ricochet and hit Officer Robert Davis as he was investigating another accident...

Horrific Wreck Being Disputed - Texas Supreme Court to Decide

Posted on December 02, 2008
The Austin American Statesman reported that while Richard Gibbons was fleeing San Marcos police, he smashed into Greg and Maribel Tanner's car which left 7-year-old Roney Tanner comatose for a week, in the hospital for a month, and years of physical therapy...

Off-label Drugs Not Researched for Safety

Posted on November 27, 2008
There is a recent study which has identified 14 drugs which needed the most pressing research into off-label use. The study says that physicians and patients should be most concerned about the antidepressants and the antipsychotic drugs on the list. The FDA only requires that the drug companies test the drugs for the use that they are seeking approval...

Heart Pump Mortality Too High

Posted on November 26, 2008
The FDA describes a heart pump as: “A heart pump or ventricular assist device (VAD) is a mechanical pump that helps a heart that is too weak to pump blood through the body. It is sometimes referred to as “a bridge to transplant” since it can help a patient survive until a heart transplant can be performed...

Texas Water Safety

Posted on November 21, 2008
In Marshall, Texas, residents recently received notices that there were high levels of organic compounds in the water supply. However, city officials insist the water is safe to drink. There have also been water safety issues in the Texas Panhandle area...

GE Recalls Ovens

Posted on November 21, 2008
General Electric Co. is recalling approximately 244,000 wall ovens because of a potential fire and burn hazard. The ovens affected were sold under then the GE, GE Profile, Monogram and Kenmore brands. So far no injuries have been reported, but there has been some property damage related to heat escaping from the oven door...

Mandatory Arbitration May Get Shelved

Posted on November 19, 2008
Mandatory Arbitration Clause’s in my opinion bars your right to justice. Binding Mandatory Arbitration (BMA) as defined by the Give Me Back My Rights Coalition is when a corporation includes a BMA requirement in its contracts; it means your dispute must be decided by a private legal system...

FDA's Quick Review of Medical Devices

Posted on November 17, 2008
The New York Times recently reported on a way medical device manufactures can get their products on the market quickly, even without proving the effectiveness of the product. When the FDA began regulating medical devices in 1976, they created a type of review process known as a 510(k) review...

Hospital Employee Settles Whistleblower Lawsuit

Posted on November 14, 2008
A couple of months ago I blogged about whistleblower claims, and how the law protects nurses and other employees if they report illegal behavior or turn in owners or upper management. Today, the Pittsburg Tribune-Review reported on a whistleblower lawsuit which settled before the terminated employee could tell the jury her side of the story...

Falls and the Elderly

Posted on November 10, 2008
The New York Times has an interesting article regarding falls and the elderly. The article discusses how devastating a fall can be for an elderly person but also how important it is for the medical providers to look at all the medical aspects when an elderly person falls...

Tainted Heparin Seized by Federal Marshals

Posted on November 07, 2008
I have blogged in the past on contaminated heparin and found this recent article very interesting as a follow up to the contaminated heparin issue. The Food and Drug Administration (FDA) sent federal marshals into a Cincinnati based manufacturer, Celsus Laboratories, to seize 11 lots of heparin, a blood-thinning drug...

Avandia - Too Toxic to Be On The Market

Posted on November 06, 2008
Avandia (rosiglitazone maleate) prescribed to diabetics helps improve blood sugar control in adults with type 2 diabetes. On October 30th, Public Citizen petitioned the Food and Drug Administration (FDA) to immediately ban the drug. Avandia causes liver failure, including 12 deaths and has been linked to other serious problems including heart attacks, heart failure, bone fractures, anemia and macular (retinal) edema...

String of Accidents for Off Road Vehicles

Posted on November 04, 2008
The Wall Street Journal reports that the federal safety regulators have started investigating the Yamaha Rhino following the report of some 30 deaths involving it. The Consumer Product Safety Commission began investing UTVs, or utility terrain vehicles...

Food and Drug Administration Preemption Rules Based on False Assumptions

Posted on October 31, 2008
On Monday the Supreme Court will hear arguments on the case of a Vermont woman who sued Wyeth after she lost her right arm below the elbow following a high-volume injection of the drug Phenergan. The injection accidentally punctured an artery, prompting gangrene to set in...

Firestone Recalls Defective Tires

Posted on October 29, 2008
There has been another recall of the Bridgestone/Firestone tires similar to the recall of the Wilderness AT and ATX that killed so many people years ago. The Bridgestone/Firestone FR 380 Champion tires have been recalled due to a tread separation risk...

Crib Recall

Posted on October 23, 2008
After two infants died, Delta Enterprise Corp., a maker of children’s products, has voluntarily recalled 1.6 million baby-beds. Delta, working with the Consumer Product Safety Commission, officially began the massive recall yesterday. As a part of the official announcement, Delta put up a website for parents and caregivers to get more information on the recall...

18-wheeler Accident in San Antonio Closes I-10

Posted on October 13, 2008
I blogged last week on Texas having the most 18-wheeler traffic fatalities and reading the local newspaper this weekend further confirms the subject. A tractor trailer carrying recyclable cardboard swerved across a median killing one person instantly and seriously injuring the occupants of two other vehicles...

Texas Has the Most 18-wheeler Traffic Fatalities

Posted on October 09, 2008
If you commute to work, especially on I-35 or I-10, you probably see many 18-wheeler trucks traveling in both directions. In traffic or out of traffic, fast or slow; big rigs can be intimidating, and if an accident does occur, most passenger cars are not equipped to take on one of these rigs...

Doctors Prescribing Medical Devices for Uanpproved Uses?

Posted on October 07, 2008
Pharmaceutical and medical device companies should develop high-quality, innovative products which assist Doctors in providing the best possible care for their patients. Instead it seems there are some companies using kickbacks such as money and trips to entice Doctors to prescribe their products—even if the product is not approved for a particular use...

A Follow Up On Nursing Homes Making Money While Providing Less Care

Posted on October 06, 2008
Last week I blogged on Nursing Homes Making Money While Providing Less Care. I am following up today with a Memorandum Report: 'Trends in Nursing Home Deficiencies and Complaints" which describes the nature and extent of the deficiencies and complaints in 2007 and identifies trends from 2005 to 2007...

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