Articles Posted in Personal Injury

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On March 10th, in Palo Alto County thousands of gallons of biofuel found its way to a nearby creek as spheres of flames also began to engulf the area. The area was in this condition because a mile-long train, consisting of 20 rail cars that was transporting ethanol derailed from their intended track. As a result of the derailment no one was injured, but now many are calling into question the older rail cars currently being used as well as the increased length of the trains, especially one carrying a dangerous fuel such as ethanol.

In 2013, a comparable accident took place in Lac-Mégantic, Quebec, Canada. Unfortunately, this Canadian area was heavily populated in comparison to the Palo Alto County area of the March 10th derailment. As a result of the 2013 crash, 47 individuals lost their lives when a train carry crude oil exploded in the heavily populated Quebec area.

The most recent March 10th derailment reminds the public of just how dangerous these mile-long freight trains carrying explosive matter, such as ethanol, can be. The costs of shipping are able to be cut down drastically through the use of these elongated “rolling pipelines” freight trains. Although, the issue is that the length of the trains as well as the type of rail cars being used may actually be more harmful when a crash or derailment takes place. This is in large part because these rail cars do not have added safety measurements of the newer rail cars because they are outdated.

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Recently, a federal court has unsealed documents that cast a dark shadow on the research and safety practices of the chemical company Monsanto. Monsanto’s primary product is Roundup, which is currently being used from large farms to everyday home gardens across the world in order to help kill weeds.

For many years, the use of this product was thought to be moderately safe. Although, recent events in federal court have led the court to the findings of an international panel that claimed the use of the weed killer Roundup, due to its key ingredient glyphosate, may be linked to causing cancer.

The documents were unsealed by Judge Vince Chhabria. He is presiding over a current matter in court where an individual has claimed that their exposure to glyphosate caused the development of their non-Hodgkin’s lymphoma.

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Xarelto (rivaroxaban) is commonly marketed in the United States as a blood-thinner generally prescribed to combat blood clots. Although, the serious nature of the side effects caused by Xarelto are leading to a staggering number of lawsuits.

Current and former users and their families are claiming that the risks and side effects of Xarelto were not made clear when they were prescribed the drug. Also, those who have used Xarelto are alleging that they were not properly warned about the negative effects of Xarelto prior to their usage of the drug.

Those bringing suit found that the drug caused them to suffer from harmful side effect(s) due to their consumption of the drug. Xarelto side effects may include, but are not limited to:

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Biloxi, Mississippi was the scene of a gruesome collision between a charter bus and a CSX freight train on the morning of March 7. As a result of this accident, four individuals passed away during the collision, as confirmed by the local coroner’s office. Additionally, more than 35 passengers were injured and were hospitalized as a result of their injuries.

The total number of passengers on the character bus, during the collision, was around 50. The majority of the passengers were elderly individuals from Bastrop Senior Center, located near Austin, Texas. It has been reported that the charter bus was heading towards the Boomtown Casino as a part of their casino charter trip.

Biloxi Police Chief John Miller addressed this matter at a press conference. Miller explained the crash as a “terrible, chaotic scene.” He was also quick to add that the Biloxi police department was doing all that it could in order to assist those passengers of the bus.

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On Friday, a St. Louis jury chose to reject a woman’s claim that Johnson & Johnson baby powder played a role in her cancer diagnosis.

Nora Daniels, a 55-year-old woman from Tennessee, brought the unsuccessful claim against Johnson & Johnson. Daniels based her claim against the company around her usage of Johnson & Johnson baby powder from 1978 to 2013 in alleged connection with her cancer. Daniels stopped using the Johnson & Johnson powder product in 2013 when she was diagnosed with both ovarian and uterine cancer. As part of her treatment, she underwent a hysterectomy and was forced to have her ovaries and fallopian tubes removed. Also, Daniels made a claim that Johnson & Johnson refused to warm the public of the potential link between their product and major health concerns.

Before Friday’s decision, Johnson & Johnson had lost the previous three lawsuits brought against the company for similar types of claims regarding their talc powder products. The previous three decisions, also made by Missouri juries, awarded an overall amount just under $200 million. Last year, in those three previous judgments, plaintiffs and plaintiff’s families were awarded $55 million, $70 million and $72 million.

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On Thursday, Boston Scientific Corporation issued a statement in which it recalled all of its Lotus Valve heart devices in Europe. This recall consists of both clinical and commercial sites. Also, the Lotus Valve has been removed from all clinical sites in the United States, where the valve is not yet approved for sale.

Overall, the recall is due to major manufacturing defects that have found to be present in the device.

The serious defects that has caused this recall are centered around a manufacturing problem that is linked to the premature release of the mechanism containing a pin that is used to implant the device into the heart in patients. The recall was made voluntary by the company. This is similar to mechanism issues that resulted in the Lotus recalls of 2014 as well as 2016.

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Trampolines have been a under the microscope recently due to increased number injuries caused by the device. According to the National Electronic Injury Surveillance System, trampoline injuries account for nearly 100,000 emergency room visits a year. It was also shown that the number of injuries sustained at home, during 2010-2014, did not increase.

On the other hand, the number of injuries that were sustained at indoor trampoline parks shockingly rose from 581 in 2010 to 6,932 in 2014. This rise in injuries has shined the spotlight on the increasingly prevalent indoor trampoline parks which individuals are place in areas filled with wall-to-wall trampoline pits.

According the American Academy of Pediatrics, the injuries sustained are a majority focused in the lower extremities, 59% of all emergency visits were due to leg fractures. The Academy cautions strongly against the recreational use of trampolines because of the likelihood of injury.

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According to a Washington University research study, published recently in the medical journal of neurology, the current safety standards in place for welders may be cause for major health concern. The present safety standards spotlight the inadequate safety measurements currently in place to protect welders from the harmful fumes that they encounter on a daily basis.

The published study observed the long-term effects of airborne manganese on welders with its connection to symptoms that are correlated with parkinsonism. The results amplified over the welder’s lifetime due to their corresponding individual exposure level. Welders frequently encounter instances when manganese may found in base metal and the welding rod therefore it may be airborne, then inhaled by the welders. When exposed to high levels of manganese, it has been found that similar neurological problems found in Parkinson’s disease can be found in those individuals. The problems may include but are not limited to:

  • Movement abnormalities
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New information about the cause of the fatal New Jersey train crash that occurred in September has now been brought to light. According to both the National Transportation Safety Review Board and the lawyer (for the train engineer): sleep apnea is to blame for the unfortunate September train crash.

This Hoboken accident took place during the morning rush hour and resulted in the death of one female standing on the platform and injured more than 100 individuals in its totality.

Thomas Gallagher, the engineer of the New Jersey train that crashed, was diagnosed post-accident with a condition known as sleep apnea. According to Jack Arseneault, the lawyer of Gallagher, this post-accident diagnosis was delayed. Arseneault asserts the delay was due to the different medication that Gallagher had received as a result of the crash.

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It has been announced that Amtrak has agreed to a pay out in a one of the largest railroad crash settlements in the history of the United States, in the amount of $265 million. The payout is the result of a court order recently issued on the claims that related to the high-speed derailment that occurred in 2015 in Philadelphia. Tragically, that Philadelphia derailment took the lives of eight and injured more than 200 individuals.

Judge Legrome D. Davis, of the Federal District Court for the Eastern District of Pennsylvania appointed two masters in order to evaluate the claims of each of the plaintiffs. The masters were tasked with then making recommendations as to the appropriate amounts each person or estate is to be rewarded as a result of the derailment. The factors that were and will continue to be taken into account include: plaintiff’s occupation; plaintiff’s lost earnings; plaintiff’s time out of work and plaintiff’s future medical expenses among other characteristics. Ultimately, the judge has the final approval and can modify any amount as is necessary.

The exact amount of total plaintiffs named to this claim is currently unavailable, but it is known that it exceeds 100 individuals and estates. This means that if the total damages exceeds the the court ordered capped amount of $265 million then each of the plaintiff’s claim will be decreased proportionality and if the total damages amounts to less than the $265 million, then the opposite will occur proportionality under the court order.