The alleged pollution took place near a chemical plant run by Monsanto. Nitro residents claim that the plant, which closed in 2004, was responsible for contaminating the city’s water and residential areas with toxic compounds known as dioxins. Between 5,000 and 80,000 of Nitro’s former and current residents are seeking compensation, with emphasis on medical care. The large number of plaintiffs involved in the class-action suit is a result of a 2008 decision to combine two similar cases.

The Monsanto case is now awaiting trial, with jury selection slated to start in January. Stressing the significance of the case, the lead lawyer for the plaintiffs, Stuart Calwell, stated that Nitro’s residents just want their town back and safe.

From 1949 until its closing in 2004, Monsanto’s Nitro-based plant manufactured the potent herbicidal ingredient 2,4,5-T. Produced for nearly 30 years, 2,4,5-T was later discontinued due to toxicity. Monsanto’s plant is also responsible for producing Agent Orange, a chemical used in herbicidal warfare by the U.S. military during the Vietnam conflict.

Harris County, Texas

In another recent lawsuit involving dioxin pollution, a Texas county is seeking retribution from a group of companies thought to have allowed dioxins from an industrial waste pit to seep into the San Jacinto River for over 45 years. Because the San Jacinto River empties into Galveston Bay, it is likely that the dioxins found in the bay are also a result of the same industrial waste.

Named defendants in the suit are International Paper Company, Waste Management of Texas, Inc., Waste Management, Inc. and McGinnis Industrial Maintenance Corporation. Lawyers for Harris County are asking that the defense be fined the maximum amount allowed under Texas law. If the court decides in the county’s favor, the defendants will be required to pay $25,000 a day for every day since the pollution began.

Constituting one of the state’s biggest pollution problems, these industrial waste pits are located on 20 acres of land along the river’s western bank. Of the fish samples found by the pit, an alarming 95 percent were found to be severely contaminated, reports Houston news website Chron.com.

The extreme levels of toxicity prompted the county to build fences and erect warning signs in an effort to keep residents out of harm’s way. In addition, the Environmental Protection Agency (EPA) has added the county’s industrial waste pits to its Superfund National Priorities List.

If awarded compensation, Harris County intends to put the money to good use. Half the money will go toward the Texas Commission on Environmental Quality. The county plans to split the remainder between assisting the EPA with on-site remediation and funding educational campaigns on the dangers of dioxin.

The Dangers of Dioxin

Dioxins are highly toxic chemical compounds that result as by-products of industrial processes, and their dangers are well documented. Dioxins are stored in body fat, meaning they can accumulate in tissue over time. Because of this, the EPA states that no level of exposure is safe.

The website for the EPA states, “Dioxins have been characterized by EPA as likely human carcinogens and are anticipated to increase the risk of cancer at background levels of exposure.” Studies have found correlations between dioxin exposure and major female reproductive concerns, such as hormonal changes, endometriosis, birth defects and infertility. The toxin is also an immunosuppressant, making those exposed more susceptible to illness.

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If you or a loved one has suffered exposure to toxic chemicals, such as dioxin, there is only a brief period of time during which you can file for compensation. For a free consultation, contact our experienced team of lawyers today. Our attorneys will discuss your legal rights and options and ensure that you are well informed regarding the best course of action.

The Expert Opinion

The 2005 Connecticut law is simple. Plaintiffs in any medical malpractice case are required to provide an opinion letter, written by an expert in the field, backing up their allegations. It must be filed along with the claim. The wording of the law says that the experts must have “similar” credentials to that of the medical professional accused of malpractice. Many state judges have determined “similar” to mean “identical.” As a result, legitimate claims are being denied because the expert’s credentials are not exactly the same as those of the defendant.

Loss of a Young Life

Patricia Votre knew her pregnancy would be high-risk after having suffered one miscarriage due to an incompetent cervix. She took the precaution of insisting that her doctor consult experts at Yale University regarding her pregnancy. Her doctor consented.

However, when she began having complications, her doctor refused to turn her care over to the experts at Yale and refused to show her the Yale group’s recommendations. Votre gave birth to her son, Miles, in 2006 only to lose him 51 days later when he succumbed to a blood infection. Votre filed a lawsuit against her physician for alleged breach of contract and emotional distress, claims that do not require an opinion letter. A state judge determined that Votre’s case alleged medical malpractice, and because she had not filed an opinion letter, her case was dismissed.

Mistaken Medication

Edmund Lohnes of Denver claims he was nearly killed during a stay in a New Haven hospital in 2007. Despite wearing a bright red wristband to alert staff of a drug allergy, he was administered the same drug to which he was allergic. Lohnes’ lawsuit was ultimately dismissed because his opinion letter was written by a pulmonologist, but his lawsuit was aimed at a physician licensed to practice emergency medicine.

Missed Diagnosis of Injury

Richard Bennett, Sr. suffered a diabetic seizure in 2006 that directly resulted in a car crash. He was treated in the New Milford Hospital where his blood sugar was stabilized, and he was given pain medicine. However, the Bennett family claims that the doctor failed to diagnose the leg and spine fractures he sustained, and Bennett died two months later from a heart condition caused by severe pain from his injuries. The Bennett’s lawsuit was dismissed because a trauma surgeon wrote their opinion letter and the defendant was an emergency room doctor.

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If you received substandard medical care that resulted in injury, it is vital you use the services of an experienced attorney who will not allow simple mistakes like those that caused these cases to be denied. Because your time to file a claim for damages is limited by law, it is important you contact us right away for a free consultation.

The First of Many

The drug company is facing a surge of lawsuits over claims that it misled women about the health risks associated with its Yasmin family of oral contraceptives. Judge Herndon will be overseeing the thousands of impending cases involving Bayer. Multitudes of women are suing Bayer for compensation over injuries allegedly caused by the contraceptive Yaz.

The lawyers representing women suing Bayer can let the statistics speak for themselves. The U.S. Food and Drug Administration (FDA) reported at least 50 deaths linked to drospirenone-based pills, including Bayer’s Yasmin line of birth control.

To give the parties a chance to resolve matters on their own, Judge Herndon purposefully delayed the trial and appointed a mediator. Law professor Stephen Saltzburg was chosen to serve as intermediary based on his experience and praiseworthy work in a similar suit.

Representatives for Bayer stated that the company wants to avoid going to trial, if possible. The lawyer for the women suing Bayer said that while the women are ready to go to court, they are also prepared to negotiate given that Bayer makes a “good-faith” effort.

Dangers of Drospirenone

Concerned over their safety and possible health risks, contraceptives containing the hormone drospirenone have been the subject of scrutiny by advisors for the FDA. The FDA found that women taking drospirenone-based birth control face increased health risks compared to women on other types of birth control.

The Los Angeles Times reports that, “In two studies published in the British Medical Journal in April, pills containing drospirenone, a type of progestin, were found to carry a two- to three-fold higher risk of venous thromboembolism, or a blood clot in a deep vein, than pills containing a different progestin, levonorgestrel.” Similar research prompted the FDA to caution women about the dangers of taking birth control pills containing drospirenone. An FDA advisory panel has recommended that stronger warning labels be attached to these oral contraceptives.

The Future of Bayer

Yasmin was originally introduced to the market by Bayer in 2006. Yasmin brought in over $1.58 billion in 2010, making it the fourth most popular contraceptive in the U.S. More than 10,000 lawsuits involving the drospirenone-based contraceptives have been brought against Bayer. If mediation fails to resolve the suits, the cases against Bayer will go back to trial.

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If you have been injured or have lost a loved one due to a blood clot that developed while taking the birth control pill Yasmin, contact our experienced team of lawyers today. We offer a free consultation during which we will discuss your legal rights and options so you can decide whether filing a claim for compensation is right for you.

In 2004, the incident was featured in an article in the St. Petersburg Times Online, which detailed the appalling demise of 92-year-old Elvira Nunziata. After being absent for nearly an hour without being noticed by any of the nursing home staff, Ms. Nunziata was found dead at the bottom of the fire escape. She had tumbled down a full flight of stairs while still strapped her in wheelchair. Once she was discovered, the paramedics were called, but Elvira Nunziata was pronounced dead upon their arrival.

Nursing Home Neglect

When records were checked with the Agency for Health Care Administration (AHCA) immediately following the incident, it was revealed that Pinellas Park Care and Rehabilitation Center was ranked in the bottom twenty percent of nursing homes in the St. Petersburg, Florida area. Some of the concerns cited were problems with sanitary preparation of food and lack of proper labeling of drugs and other biological supplies.

An Unnecessary Loss

Ms. Nunziata had been living at the center for a mere 14 months before her tragic accident. Yet, according to a recent report in the online Tampa Bay Times, Nunziata’s son alleges that his mother had sustained several falls and injuries in the brief amount of time she resided at the center. Ms. Nunziata suffered from the onset of dementia and had a history of wandering. As a result, she wore alarms on her clothing and wheelchair as a means to track her. Despite these alarms, Ms. Nunziata was reported to have been missing for an hour before any member of the staff realized she had disappeared. In addition to her personal alarms, the door to the fire escape should have sounded yet another alarm when opened.

When police arrived to investigate the death, they found the alarm to be in good working condition. However, in later testimony, former aides stated the alarm was often disabled so staff members could step outside to smoke.

A Deserving Settlement

Richard Nunziata received a $200 million settlement in response to his allegations that nursing home neglect resulted in the death of his mother. Mr. Nunziata experienced not only the loss of his mother, but additionally the sudden and violent manner of her death, knowing she must have suffered as she fell down the flight of stairs. The verdict was found in Mr. Nunziata’s favor, and he was awarded $140 million in punitive damage and $60 million in compensation.

Signs of Nursing Home Abuse

In this case, Ms. Nunziata’s fall may have been avoided if Pinellas Park Care and Rehabilitation Center had been forced earlier to improve conditions and safety at the center. It is of the utmost importance for friends and family of nursing home residents to be on the lookout for signs of neglect and abuse. Signs to look for include:

• Poor hygiene
• Bedsores
• Stained clothing
• Changes in resident’s personality
• Rude and argumentative staff
• Unexplained injuries

Remember that time is of the essence. A small injury could turn into a big problem and the loss of loved one.

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If you have a loved one in a nursing home who has suffered abuse or neglect at the hands of the nursing home staff, contact our experienced attorneys today to find out if he or she is eligible for compensation. We offer a free consultation during which we will discuss your legal rights and options.

Cantaloupe Leads to Listeriosis

Local ABC news affiliate KMBC reported on the death of a 92-year-old Missouri man, Paul Schwarz. His family believes that cantaloupe contaminated with listeria was responsible for his death. Schwarz allegedly ate the affected cantaloupe in September 2011 and fell ill shortly thereafter. After spending over a month in the hospital, he was cleared to enter a nursing home. He passed away in December, three months after eating the cantaloupe.

An Albuquerque ABC news station, KOAT, reported a similar poisoning in New Mexico, where a wife grieves her lost husband. Sixty-three-year-old Rene Gaxiola died after eating contaminated cantaloupe. Mrs. Gaxiola reported that her husband ate the fruit on September 7, 2011 and made a trip to the hospital with a fever of over 105 degrees a few hours later. Mr. Gaxiola reported diarrhea, cramps and chills. As his condition worsened, he became disoriented and unable to communicate. On September 10, 2011, he succumbed to the bacterium. According to tests administered in the hospital, listeria was the cause.

After a thorough investigation, government health officials determined that more than 146 individual cases of listeriosis were reported in connection with the cantaloupe. While many people did recover from exposure to the bacterium, 30 people died. As a food-borne bacterium, listeria is most dangerous to the elderly and those with already compromised immune systems. Anyone who is already ill simply does not have the strength of immunity needed to fight off the bacterium. Southern Colorado’s Jensen Farms and Frontera Produce are facing wrongful death lawsuits from the affected families.

Listeria Found in Cheese

According to Reuter’s news service, at least two individuals in Michigan have been affected by listeria found in cheese. Produced by Green Cedar Dairy in Dearborn, cheese with the labels All Natural Chives Cheese and All Natural Ackawai Cheese with sell-by dates prior to July 1, 2012 have been recalled as a safety precaution. The Michigan Department of Agriculture found that at least one package of All Natural Chives Cheese had been contaminated with listeria.

Michigan consumers residing in Macomb, Wayne and Oakland counties should check their products to ensure they have not purchased one of the potentially harmful cheeses. Packages may be returned to the stores where purchased for refunds.

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If you or someone you love has been affected by a listeria outbreak or any other type of food-borne illness as the result of poor manufacturing or distributing, contact our office. Our experienced attorneys will do all they can to ensure that you are fully compensated for damages, including medical bills resulting from illness or treatment, lost wages, and even pain and suffering. The time to file a claim or join a class-action lawsuit is limited, so act now.

Living with Cerebral Palsy

Cerebral palsy is not a single disorder, but a group of neurological disorders that cause difficulty with movement and coordination. The condition can result from damage to a developing brain or from congenital defects. These problems typically happen when a baby is in the womb. They can also appear during the first two years of a child’s life when the brain is still maturing. A common cause of cerebral palsy is an insufficient level of oxygen in the brain, which can occur when mistakes are made during childbirth. Unfortunately, some cases of cerebral palsy have no clear cause.

Along with the symptoms and pain caused by the disorder, many also suffer from depression. Children with cerebral palsy face ridicule and bullying at school, which makes them feel alone. They are also frustrated when faced with reminders that they cannot do the same physical activities as their peers. When Brandon Fisher faced these challenges, he began to engage in risky behavior such as biking down a steep incline only to crash into a wall, just to fit in.

Finding Hope

Now 27, Brandon has opened up. With a website dedicated to helping those with cerebral palsy, he shares his experiences living with the condition. He explains that people will often ask him why he walks differently. Before he can respond, they will ask if he has muscular dystrophy or multiple sclerosis. “It’s not that they are trying to be rude,” writes Brandon. “It’s just that they’re curious to know more about what cerebral palsy is and how it affects one’s body.”

His new acceptance and understanding arose out of the website he created. The site provides information on the diagnosis, symptoms and treatment of the disorder. It also offers links to current research on the condition. Brandon hopes to help others who are living with the disease gain understanding and acceptance. Many visitors on the site share their stories about living with cerebral palsy, and Brandon finds encouragement from them. In turn, his positive attitude inspires others. Instead of creating obstacles, his disease is now opening doors.

Brandon is no longer the reserved awkward boy he was in high school. Instead, he is a man living with hope and a newfound zest for life. He hopes his website will continue to help others, just as it has allowed others to help him.

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If you suffer from cerebral palsy or your child acquired cerebral palsy due to the fault of another, contact our experienced team of lawyers today to arrange for a free consultation. The time allowed to file a claim is limited so act quickly.

• In 2008, more than 41,000 people died from poisoning in the U.S.
• Almost 90 percent of poisoning deaths (36,500 fatalities) were caused by drugs.
• Most drug-related deaths are caused by illegal drugs, such as crack cocaine and methamphetamine, but more than 40 percent of all drug fatalities in 2008 involved prescription opioid analgesics.

Opioid Analgesics

Analgesics are painkillers, and opioids include the prescription medications OxyContin, Percocet, oxycodone, Vicodin and others. They treat pain by preventing certain nerve signals from reaching the brain. Unfortunately for many, opioids also change the way the brain processes the nerve signals that do get through. These nerve signals create a strong, addictive sense of euphoria. An opioid can also cause an overwhelming psychological compulsion to use the drug. People who develop this addiction often take the drug in higher and higher dosages, administer it in alternative and dangerous ways or use it in combination with other substances. These behaviors often cause poisoning and death.

Without medical precautions, patients can easily become physically dependent on these medicines. Careful doctors limit this risk by using opioids sparingly and for the shortest possible time. Some doctors, however, simply write the prescriptions and move on to the next patient without a second thought.

Anyone can Become an Addict

Anyone can become addicted to prescription opioids. The person in line behind you at the grocery store may be addicted. The woman driving the car in the next lane could be addicted. The receptionist in your office, or the person working on the power lines after a storm, or the crossing guard at an elementary school could all become addicted to opioid analgesics if their doctors are not careful about how they prescribe them or if they come by the drugs illegally.

People who become addicted to oxycodone often shop from doctor to doctor, seeking to obtain multiple prescriptions. When doctors or pharmacies turn them away, many turn to street drugs. The Tampa Bay Times recently ran an article about Oxycontin addiction that profiled a middle-aged woman with two children, a loving mother with an addiction that was destroying her life. The woman in the article, Stacy Nicholson, had been arrested for attempting to obtain oxycodone with a fake prescription. She had been addicted to the medication for about four years and could not break free.

In St. Petersburg, people like Stacy have some options. The reporter accompanied her to an all-female drug court, and the judge offered her a chance to enter a rehab program for a second time. Pinellas County, Florida, received a $900,000 federal grant to fund substance abuse treatments for women in drug court. In other communities across the U.S., publicly funded treatment options do not exist. Rehab is expensive, and many people simply cannot afford it. Often oxycodone addicts simply go to prison when they break the law.

Help Is Available

If you are addicted to prescription medicine, do not wait to become another statistic in a government report. Seek help today. Doctors should be held accountable for substandard care that allows people to become addicted to oxycodone. Contact us and our attorneys will review your case free of charge. If appropriate, we will l help you secure compensation to pay for treatment needed to help you beat your addition.

Build-A-Bear Workshop Must Pay $600,000 Penalty

Due to the allegations that Build-A-Bear Workshop failed to report the risk of injuries in a timely manner, the company must pay a civil penalty of $600,000. The toy in question is a beach chair sold in stores and online from March 2001 and October 2008. The chair is allegedly fitted with sharp edges on the wooden frame. There is a serious risk for pinching of fingers, laceration and even amputation if a child’s small finger is caught as the chair folds. The company eventually recalled roughly 260,000 chairs. Build-A-Bear Workshop maintains it was not aware of any injuries until more than 200,000 units of the product had already been sold, mainly during late 2008 and early 2009.

Build-A-Bear Workshop Issues Three Recalls in 2011

Earlier in 2011, Build-A-Bear Workshop recalled an inflatable inner tube that poses a strangulation risk if children pull it over their heads. The company received only one report of a 3-year-old girl who had difficulty removing the product. The tube cost $12.50 and was part of a three-piece swimwear set, available between April 2011 and August 2011.

After the tube issue was resolved, Build-A-Bear Workshop recalled a “Love.Hugs.Peace” pin because the paint used on the pin contained a significant amount of lead. While Build-A-Bear Workshop initially defended the product, it eventually removed it from the market after a consumer health advocacy group raised concerns.

Local news website stltoday.com reported that Build-A-Bear Workshop faced a third recall in 2011. The company pulled its “Colorful Hearts Teddy Bears” from the shelves because the eyes of the bear could fall out and pose a significant choking hazard to small children. Although there have been no reported injuries, Build-A-Bear Workshop did not take chances that time. The company has recalled 297,200 bears. Build-A-Bear maintains the bear passed all safety and health inspections. Unlike the reporting issue with the beach chair, as soon as Build-A-Bear Workshop knew there was a problem, the company immediately reported its concerns to the CPSC.

What You Can Do

If you have purchased a defective product, Build-A-Bear Workshop advises you to return the item to any Build-A-Bear retailer. You will receive a coupon that you can use to purchase another stuffed animal of your choice, depending on the store’s availability. If you or your child were injured from a defective toy, contact our attorneys or a free consultation. The time to file a claim is limited, so contact us soon to evaluate your case.

According to the National Institutes of Health, more than 50 percent of all TBIs are the result of automobile accidents. Military personnel exposed to concussive forces are also at risk, and TBIs are associated with post-traumatic stress disorder. Victims of violent assault often suffer head injuries that result in TBI. Contact sports, such as football or boxing, can result in TBIs. Although some injuries are obvious and require immediate medical intervention, many brain injuries do not cause symptoms until days or even weeks after an incident.

People who suffer TBIs may experience anything from a change in physical sensation to extreme emotions. Movement and coordination, the ability to express thoughts with language, and even the way a person thinks can be affected. TBI patients often need lengthy rehabilitative therapy.

Luckily, there are many organizations, such as those mentioned below, which work together to do research and provide ongoing education into TBIs so that the medical community can increase the success rate of treatments.

The JHTR and COMBI Collaboration

The Brain Injury Association of America (BIAA), in an ongoing effort to increase health care access and treatment potential for TBI patients, has created a national network of medical professionals, research centers, advocacy councils and support groups. BIAA publishes an official journal, the Journal of Head Trauma Rehabilitation (JHTR), and January 2012 marks the first month of collaboration between the JHTR and the Center for Outcome Measurement in Brain Injury (COMBI).

The COMBI is itself a large collaboration, spearheaded by the Santa Clara Valley Medical Center’s Rehabilitation Research Center. The goal of the COMBI is to develop and promote standardized methods for assessing and describing TBIs. This online resource connects 16 different medical facilities that treat brain injuries. The data collected is used to support and educate healthcare professionals on the application of outcome measures for TBI.

How Will COMBI’s Efforts Benefit TBI Patients?

COMBI provides standardized forms, detailed training, background information, testing materials and a list of associated published studies for each referenced outcome measure. By partnering with the JHTR, the collaborative hopes to spread knowledge of standardized COMBI assessments and encourage their adoption for the treatment of all TBI patients.

Because of these efforts, doctors will use the same terms, measurements and scales when discussing TBI. By learning to speak the same language for TBI cases, researchers and practitioners will ensure the validity of comparisons drawn from different facilities and will be able to focus on the most effective treatment options available.

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Patients with TBI, as well as their family members, face a lifetime of changes. Therapies are costly, support group opportunities are limited and affected individuals may no longer be able to function easily in daily life activities. Contact our experienced law firm today to make sure you receive all you are entitled to from insurance companies and responsible parties. Adequate finances can ensure that you and your loved ones receive the most up-to-date and effective treatments available for TBI.

Logger Loses Control

The driver of a logging truck lost control of his vehicle and overturned, subsequently releasing his load of logs onto the highway and starting a chain reaction. A 16-year-old female driver smashed her vehicle into the logs head-on, and a rig carrying two trailers of methyl bromide hit the logging truck. The driver of the rig died in the crash.

After the collision, the chemical-carrying trailers burst into flames, catching the logging truck on fire in the process. Some of the canisters hauled on the trailers ruptured with such loud force that residents reported hearing the explosion from miles away. Because of the explosion, methyl bromide, an extremely hazardous toxic chemical that poses significant, and sometimes fatal, health problems, was released. Although officials did not believe the accident merited an evacuation, residents were warned to stay inside their homes. A United States Postal Service vehicle was also involved in the accident.

Consequences: Everyone May Pay

Route I-95 suffered severe damage from the fire’s heat. The preliminary estimate for repairs exceeds $92,000, according to the Florida Department of Transportation (FDOT). However, because the estimate is based on crude, initial observations, the FDOT will not have an exact figure until a formal evaluation is performed. Factors to take into consideration include costs of materials, time and labor — numbers the FDOT will not have until invoices are presented. The state claims it has a budget set aside to handle the costs of repairing highways in these types of emergencies. However, if the costs of repairs are higher than the state anticipates, part of the responsibility of fixing the highway will fall on residents.

While the chemical truck operator died at the scene, five other people, including the 16-year-old driver and her two passengers, sustained minor injuries. Online news source, FloridayToday.com indicated that four of the five received transportation to Daytona Beach where they were admitted at the Halifax Health Medical Center. While they were listed in stable condition, it is sometimes unclear the effect a vehicle accident will have on an individual’s body and lifestyle until weeks, or even months, after the incident occurs, especially when toxic chemicals are involved. These individuals, although lucky to be alive, may suffer from back, neck or extremity pain later on down the road and may need to seek compensation for medical bills or lost wages due to an inability to work.

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If you or someone you love was injured in a car accident or displaced from your home due to the release of toxic chemicals after an accident, contact our attorneys immediately. Your window of opportunity is limited, so get in touch with our office to find out how you can file a claim. You may be eligible to receive compensation for medical bills, hospital care, ambulance services, lost wages, and pain and suffering. We will work with you to make sure you get the help you deserve.