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Number of Yaz and Yasmin Lawsuits Growing

Eddie Farah — Fri, 13 Nov 2009 19:10:56 GMT

In 2007, Susan Galinis of San Francisco was the happy mother of 3-year-old twins, until doctors put her on the Yaz birth control pill. Four weeks and one day later she suffered a stroke.

Today it’s obvious to see part of her skull has been removed. Doctors had to operate to accommodate the brain swelling following her stroke. Her IQ is 77. She has chronic pain and no short-term memory. Her twins have gone to counselling to deal with the differnt mother who returned from the hospital after six months.

Galinas has sued Bayer HealthCare. Her doctors told her it was Yaz that caused her stroke.

Anne Marie Eakins, 34, a history teacher and mother of two is also suing. She developed blood clots in both lungs in 2007 after starting Yaz. That resulted in partial loss of her right lung.

Yaz is the newest sister to drug, Yasmin, both made by Bayer. Ocella birth control is the generic version that is sold by Teva Pharmaceuticals.

All three oral contraceptives are among the most widely used and involve a combination of ethinyl estradiol with a new type of progestin, drospirenone that has been inked to health problems including strokes, heart attacks, deep vein thrombosis, gallbladder disease, pulmonary embolisms, and death.

Our firm is taking in a number of cases by women who have been hurt by these oral contraceptives which should be taken off the market. With six new cases being filed around the country every day and class action lawsuits being launched around the country, it won't be long before the drug is taken off the market.

Until then, women have to suffer.

The go-to drugs for women under the age of 35 generated sales of about $1.8 billion for Bayer last year. A multi-million dollar ad campaign promises the pill is a quality of life treatment that will improve acne and severe premenstrual depression. Bayer had to spend $20 million correcting those ads after the FDA said the company went well beyond what the drug approval.

Bayer stands behind its oral contraceptives and plans to defend itself vigorously against the rising number of lawsuits filed by lawyers and the women they represent, to hopefully soon bring the marketing of these dangerous oral contraceptives to an end.

Originally posted at InjuryBoard by Eddie Farah

11-Year-Old Dies After Pellet Gun Blast To Chest

Eddie Farah — Mon, 23 Nov 2009 23:56:31 GMT

Mitchell "D.J." Maxwell, 11, of Waycross, Georgia, was at a sleep over Friday night with two other boys at the football coach’s home when he was shot in the chest with a .177-caliber pellet gun. He died in the hospital about an hour later.

Our deepest condolences go out to the Maxwell family at this time. So many think that what is essentially a toy can do no harm. Unfortunately we have all found out otherwise.

The boys were reportedly playing a PlayStation 3 video game when one of the boys picked up the loaded pellet gun and pretended to shoot it. Then the next boy, a12-year-old, took over the rifle and pointed it Maxwell, shooting him point blank range in the chest.

Police report that the boys first tried to stop the bleeding themselves before calling the two adults watching television in the next room. No doubt that delayed treatment. Then when the adults called 911 they simply said the boy was unresponsive but he's breathing."

The 911 operator asked if the boy had asthma. A cousin confirmed he did.

An autopsy will be performed Monday in Savannah at the Georgia Bureau of Investigation. The young boy’s mother says she can’t believe her son is gone.

Mitchell Maxwell Sr., D.J.'s father, said he's dealing with pain and frustration, still trying to come to grips with what happened to his son, an honor roll student at Ware Magnet School where he played on the youth football team.

So many questions need to be asked. Did Ware County 911 respond properly? Without all of the information was the ambulance as quick as it needed to be? What was the resonse time?

Did paramedics perform CPR? Did their actions actually hurt the child’s chance of survival?

A .1777 is capable of producing velocities in excess of 900 ft/sec. and is generally used to kill small game or pests on a farm. This is not a toy and should be treated with the same care as a firearm. No doubt the supervision of these children will be a key to the investigation.

Again, our condolences go out to the family for their loss.

Originally posted at InjuryBoard by Eddie Farah

Gov. Crist Supports Texting Ban This Legislative Session

Eddie Farah — Fri, 20 Nov 2009 00:04:32 GMT

Florida Gov. Charlie Crist has come out with a Legislative wish list for 2010.

He clearly stated he is in favor of a ban on texting while driving this year, adding new momentum for the state Legislature to finally adopt some legislation when they meet in the spring.

At a Cabinet meeting the governor even prodded the head of the Department of Highway Safety and Motor Vehicles to also support a ban. But she stopped short of giving her full support. “We support limiting texting and driving” Julie Jones said.

For too long the cell phone industry has had its way with Floridians, but that is beginning to change. Jones told reporters that she senses there is a shifting intolerance in public opinion for texting, largely because of the number of fatal accidents.

While Florida has no officially tally on those who have died from texting while driving, the best estimate is that 15 were killed and 1,400 injured by distracted drivers in 2008. Those estimates are probably low since the Florida Highway Patrol is just beginning to note on accident reports when distractions contribute to an accident.

More than a dozen bills have been filed for consideration this March. Sen. Carey Baker, R-Eustis has filed two of them. “I think this year, something’s going to pass” he said.

Florida this year has a chance to join 14 states and the District of Columbia that already ban texting while driving. It's time for Floridians to move into this next year with a recognition and a resolve to make the roads safer for all of us.

Originally posted at InjuryBoard by Eddie Farah

Supreme Court Lets Stand Ford Explorer $82.6 Million Verdict

Eddie Farah — Tue, 01 Dec 2009 16:37:31 GMT

In 2002, a San Diego woman lost her ability to walk after her Ford Explorer rolled over and its roof collapsed, severing her spine. She was awarded $369 million by jurors who listened to the evidence against Ford.

As frequently happens, a judge and appellate court eventually whittled down the award to $82.6 million.

Monday, the U.S. Supreme Court allowed that judgment to stand, rejecting an appeal from lawyers for Ford Motor Co. They had argued that $55 million in punitive damages was unfair and unconstitutional when you consider that the design of the Ford Explorer met all safety standards set by the government and industry.

It seems that almost weekly we are reporting on Ford Explorer rollovers. It was an Explorer filled with high school students that blew a rear tire sending the vehicle into a rollover that killed four teens on the last day of school in June.

Jurors heard that Ford could have strengthened the roof and avoided catastrophic head injuries for about $20 per vehicle.

Ford was joined by its friends at the U.S. Chamber of Commerce in the appeal. The Chamber usually sides with big business no matter what the issue and no matter how morally questionable the product (asbestos, cigarettes etc).

The Chamber doesn’t want juries to be able to impose punitive punishment on manufacturers. In this case jurors, listening to the evidence decided they wanted to punish Ford for its “conscious disregard” of the safety of its customers.

Luckily the U.S. Supreme Court, the highest court, today refused to hear the appeal of the $55 million in punitive damages.

Maybe to Ford that extra $20 a vehicle doesn’t sound like such a bad investment about now.

Originally posted at InjuryBoard by Eddie Farah

Dry Drowning Warning For Parents

Eddie Farah — Sat, 07 Jun 2008 01:59:00 GMT

The death of a 10-year-old boy from South Carolina this week while lying in his own bed, has brought attention to the little known “dry drowning.”

Johnny Jackson had gone for a swim in his neighborhood and walked home with his mother. He seemed fine except that his mother says he soiled himself, and then started talking slowly. He was sleepy. He lay down to take a nap and about one hour later he was dead.

Parents need to understand how dry drowning works. When water gets into the lungs, and it doesn’t have to be much, a child can asphyxiate. Lungs immersed in fluid are unable to take in oxygen from the air, but even with a small amount of water, Wikipedia says the “laryngospasm reflex essentially causes asphyxiation and neurogenic pulmonary edema.”

Basically when you breath, the diaphragm contracts, increases the volume of air into the lungs from the outside. During laryngospasm the person’s larynx spasm shuts. Air does not rush into the lungs. The heart is beating the blood flowing but it is not picking up oxygen.

Dry drowning can happen when someone has forceful contact with the water, such as from high diving or a water slide. Or just from summer fun in a pool, or even from a bath.

But the signs can be delayed and doctors don't know why. Signs are extreme fatigue and strange behavior which results from a reduction in oxygen to the brain. They need to get to an emergency room and have a breathing tube inserted so oxygen can be forced into the lungs so they regain their function.

3,600 people drowned in 2005, according to the CDC. About 10 to 15 percent were dry drownings, which can occur up to 24 hours after water is breathed into the lungs.

Johnny's mother, Cassandra Jackson, just didn't know, like most of us wouldn't.

"I feel like someone reached in and grabbed my heart and just yanked it out,” she says.

Originally posted at InjuryBoard by Eddie Farah

Drinking Age Should Stay 21

Eddie Farah — Thu, 06 Nov 2008 17:14:00 GMT

The National Highway Traffic Safety Administration is releasing new data that shows that keeping the drinking age laws at 21 prevented an estimated 4,441 drunk driving deaths over the last five years.

NHTSA was responding to a national movement among colleges to turn back the drinking age to 18. After all, the argument goes, we sent 18-year-olds to die in Iraq, why not allow them to drink and take away the stigma of doing something “illegal”?

It is a youth issue that defies logic. Kids who aren't thinking straight at 21, aren't suddenly going to become more responsible at 18.

Mothers Against Drunk Driving (MADD) headed a symposium on the issue. MADD says that “Turning our back on these laws would be a deadly mistake. Minimum drinking age laws are among the most effective measures ever used to reduce drunken driving deaths among America’s young people.”

Auto accidents remain the leading cause of death for teenagers. Having laws and enforcing the laws as well as enforcing the rules of the parents is the best course at this time.

Enforcing a ban on texting and talking on the cellphone will go a long way toward the problem of teen deaths behind the wheel. A new software called DriveAssist from Aegis Mobility Inc., is aimed at stopping teens from talking on the cell phone while driving.

The Aegis Mobility software blocks inbound calls and text messages when it determines that the cell phone is within a moving vehicle.

Nobody said parenting was going to be easy, but a little technology might help.

Originally posted at InjuryBoard by Eddie Farah

Making Health Care Easier and More Affordable

Eddie Farah — Tue, 17 Nov 2009 22:22:08 GMT

When you need to access health care in a hurry in Florida, you might not be thinking about cost comparisons like you would with food or toys.

But consider this. Shop for health care like you shop for anything when you want to save money – wisely. The state of Florida is making it a bit easier.

Many uninsured consumers of medical services in Florida may not know that under law they have the right to reliable and understandable information about their health care charges.

As of January 1, 2009, when the “Health Care Consumer’s Right to Information Act” took effect (SB 1488), consumers were entitled to be provided with a reasonable estimate of charges for any planned non emergency medical service from a health care provider.

The estimate is supposed to be written in lay language that anyone can understand, and should represent the average charge for that diagnosis or procedure. And for facilities not operated by the state, the bill requires them to provide the estimate of reasonably anticipated charges within seven days after the center confirms the individual is uninsured.

The law requires the facility to put a notice in the reception area concerning any discounts or charity discounts, under what condition they are available. A failure to do so subjects the facility to a $500 fine.

Also access the information on the state Web site (www.floridahealthfinder.gov) which lists undiscounted charges for no fewer than 150 of the most commonly performed adult and pediatric procedures.

Bottom line - Transparency in costs will help consumers shop more wisely for health care like consumer goods and lead to greater competition and incentive to keep costs down.

As reducing the cost of health care is on everyone’s mind, forcing transparency in the health care industry is one way we can lower our bills and keep everyone honest. #

Originally posted at InjuryBoard by Eddie Farah

Grandmother Blames Gardasil In Granddaughter's Death

Eddie Farah — Sun, 20 Sep 2009 23:30:29 GMT

Jessie Ericzon was 17-years-old and about to graduate from high school.

Like many girls her age, she was given the first of the three-shot series of Gardasil, the Merck drug that is supposed to protect young girls from the human papillomavirus, or HPV, that causes two types of cervical cancer and two types of warts.

That was 19 months ago.

Jessie had no health problems, but after the second shot in September 2007 she started to get bad headaches, as well as muscle aches, and joint pain, says her grandmother, Denise Melton. Last February she got the third shot in the series, two days later she was dead.

Her grandmother said after the final shot Jessie said she had a headache and went to bed. That next morning her mother found her on the bathroom floor. "Without a shadow of a doubt, I know that Gardasil is what killed her," says Melton.

An autopsy was inconclusive.

Jessie is not alone. There have been at least 43 reports of deaths following the vaccine and the CDC and FDA have collected about 14,000 adverse events including muscle numbness and paralysis, also known as Guillian-Barre Syndrome, headaches, and fainting.

Let's not forget that Merck is the same company that brought us Vioxx, and knew or should have known that heart attack and strokes would result from the painkiller which was eventually taken off the market.

Even the American Cancer Society says that cervical cancer has declined by 74 percent between 1955 and 1992, largely due to the Pap test.

No one really knows if Gardsil works to prevent cervical cancer, but parents should know that about 80 percent of women are exposed to HPV over their lifetime and their natural immunities fight it off. They should also know that if their child is injured, they have no recourse through the courts. Merck enjoys immunity from liability, as to all vaccine makers.

Melton is going to take Jessie's death as far as she can. She has written to the governor and Congress. She has a license plate that says "One Less" in reference to the Merck campaign by the same name. What she wants one less of, is young woman or girls dying from the drug that is supposed to deliver a cure. #

Originally posted at InjuryBoard by Eddie Farah

I-10 Westbound Reopened After Fatal Auto Accident

Eddie Farah — Sat, 23 Feb 2008 23:20:44 GMT

I-10 has reopened in the westbound direction after a fatal accident involving a semi truck Saturday morning closed two lanes.

It appears the rain may have been the cause. A semi being driver by 47-year old Steven Stoff began moving counter clockwise as he was changing lanes.

He lost control and the semi truck flipped in the middle of the interstate. Killed was his passenger, 44-year-old Laura Buelow.

And the rain may have contributed to another accident a bit down the road on the 295 exit. Florida Highway Patrol has not released any information on the victim there.

Originally posted at InjuryBoard by Eddie Farah

Warning: Watch Out for Black Friday

Eddie Farah — Wed, 21 Nov 2007 18:33:59 GMT

The day after Thanksgiving is known as Black Friday- the day for stores to open their doors to bargain shoppers looking for holiday discounts.

Two years ago it was more than a discount that Cecelia Brannen found. She and her husband were at the Wal-Mart in Starke trying to buy a laptop computer for their daughter.

Cecelia was second in line, things looked good. Then she was pushed and pushed until she landed under a pile of bodies and feet.

Now instead of saving $100, she's spent $100,000 on medical bills.

The Brannens have sued Wal-Mart for its failure to control the crowds. Cecelia says they should have handed out tickets to the first people on line.

"The next thing I know I was on the floor in the fetal position praying to God that somebody would find me. They stepped on my thighs, my breast, on my shoulders. I had bruises all over my body.

Ronald Brannen calls it America's version of running with the bulls.

Today Cecelia says she is in constant pain and walks with a cane. Her attorney, Charles Sorenson, says he has handled several similar cases against the giant retailler. All usually settle out of court with a confidentiality clause. Sorenson believes for every once lawsuit, ten go unreported.

In a statement Wal-Mart released to First Coast News it says, "The safety and security of customers and associates is a top priority at Wal-Mart. We have enhanced our training and procedures to help prevent unforeseen circumstances, however rare. We also have scheduled additional staff to help ensure that our customers' shopping experience is as smooth as possible."

Black Friday is this week. Please be careful out there.

For more information on this subject, please refer to the section on Worksite Injuries.

Originally posted at InjuryBoard by Eddie Farah