Damages

Published on: January 27, 2017

Just How Dangerous are Trampolines?

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.

Published on: January 13, 2017

Current Inadequate Welding Safety Standards Raise Major Concerns

by Naumes Law

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

Published on: November 28, 2016

Is Undiagnosed Sleep Apnea the Cause of Recent Hoboken Train Accident?

by Naumes Law

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.

Published on: November 16, 2016

Amtrak to Pay $265 Million in Fatal Crash

by Naumes Law

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.

Published on: November 16, 2016

Workday Commuters Killed in Accident on their Daily Commute

by Naumes Law

Baltimore rush hour was the scene of an unfortunate crash that claimed six lives a little over a week ago. The crash involved a Maryland Transit Administration (“MTA”) bus and a local school bus. The accident was also responsible for 10 injured passengers that required hospital attention.

According to Baltimore police spokesman T.J. Smith, the passengers on the bus during this deadly collision were on their way to or on their way home from work.

Five of the six deceased adults have been identified. There were no children on either of the buses at the time of the collision.

Published on: October 31, 2016

Johnson & Johnson Hit with $70 Million Verdict in Baby Powder Ovarian Cancer Case

by Naumes Law

A Missouri jury concluded that Deborah Giannecchini’s use of Johnson & Johnson baby powder for more than 40 years caused her ovarian cancer.

This verdict follows verdicts of $72 million and $55 million in other cases. In all 3 cases, the plaintiff’s alleged that Johnson & Johnson knew that studies linked talc in its baby powder and Shower-to-Shower products to ovarian cancer in women. They further alleged that despite this knowledge, Johnson & Johnson continued to market the products to women and failed to put warning labels on their products.

Gloria Ristesund of Sioux Falls, SD was diagnosed in 2011 with cancer after continuous use of Johnson & Johnson feminine products that contained talc for over a 40-year span. In May of 2016, a St. Louis jury awarded her $55 million after talc was found in her ovarian tissue following her hysterectomy.

Published on: October 24, 2016

National Highway Traffic Safety Administration confirms the 11th death due to recalled Takata airbag complications

by Naumes Law

The National Highway Traffic Safety Administration (NHTSA) and American Honda Motor Co. (Honda) have confirmed that another tragic death has occurred due to the Takata airbag found in the vehicle of the deceased. Overall, this is the 11^th confirmed death of an individual due to Takata airbag complications. Together with the 11 confirmed deaths in the United States are the at least five deaths worldwide and the more than 100 injuries in total caused by Takata airbags.

According to reports, the 50-year-old woman from California perished due the injuries that she sustained from her recalled Takata airbag inflator in her 2001 Honda Civic. The event occurred in Riverside County, California on September 30^th. The woman was involved in a crash which triggered the the driver-side Takata airbag inflator to rupture, ultimately leading to her fatal injuries.

The deceased’s vehicle was among the almost 315,000 Honda and Acura models from 2001-2003 that the NHTSA made it a point to specifically warn individuals about only a few months ago. In that June announcement, the NHSTA warned owners of those recalled vehicles of the “grave danger” that the Takata airbags posed to drivers. Also the recalled vehicles were at “substantially higher risk” of having the metal canister located in the the Takata airbag to rupture, which results in varying amounts of shrapnel and debris to be discharged throughout the interior of the vehicle after the Takata airbag has been deployed. According to the NHSTA, when a crash occurs the the chances of the inflator rupturing is as much as 50 percent when Takata airbags are used.

Published on: October 19, 2016

Heart stents pose potential risks and side effects that all patients must consider

by Naumes Law

In the United States, a leading health concern is coronary heart disease. Currently, this health concern is amounting to over 370,000 deaths per year. Individual’s with a coronary heart disease suffer from plaque, a waxy substance, buildup that can have a serious impact on an individual’s health. Subsequently, the buildup of unwanted plaque results in the narrowing of the individual’s arteries. This narrowing allows for the reduction of proper oxygen-rich blood flow to the individual’s heart. In order to combat this, individuals have options, one being to elect to have a heart stent procedure.

In today’s society there are hundreds of thousands individuals that have chosen to have a heart stent implanted due to health complications.

Heart stents, in the past, were primary made using bare-metal or mesh and are still presently an option. Although, for over a little more than a decade, drug-eluting stents have been manufactured, approved and used in the United Stated as well. Two popular types of drug-eluting stents being used currently are the Boston Scientific Taxus Stent and the Johnson & Johnson Cypher Stent. Regardless of the type, all of the heart stents are the subject of some criticism and documented complaints due to their potential risks and side effect(s).

Published on: October 17, 2016

L.I.R.R. Train Collision, at least 33 Injured

by Naumes Law

In the early weeks of October, passengers riding the Long Island Rail Road (L.I.R.R.) commuter train began to hear loud sounds, feel robust vibrations and see wild sparks while glancing outside their train’s window. Then an abrupt impact occurred. As a result, the passengers were confined in the blackened trains while waiting for rescue for an hour after two L.I.R.R. trains collided.

The collision resulted in injuries to at least thirty-three passengers, seriously injuring four. Of those injured, 26 were passengers and seven were employees. Additionally, close to 100 passengers were treated for minor injuries at the scene.

One of the trains involved was a single-car maintenance car and the other was a 12-car L.I.R.R. commuter train traveling eastward. The commuter train was occupied with about 600 people total at the time of the impact with the maintenance car.

Published on: October 7, 2016

1 Dead, Hundreds Injured in Hoboken, New Jersey Train Crash

by Naumes Law

A New Jersey Transit commuter rail train plowed through Hoboken Station during rush hour on September 29, 2016, killing one person and injured hundreds, some critically. While the investigation into the trains’ derailment is ongoing, the National Transportation Safety Board (NTSB) has identified speed and human error as the most probable causes. According to the NTSB, data recorders and video cameras indicate that the train was traveling at twice the 10 mile per hour speed limit just before impact. Their findings also indicated that he engineer applied the hand brake on the train less than a second before impact sending the train airborne.

At approximately 8:45 A.M. the NJ Transit Train crashed into Hoboken Station crushing a structural support beam causing part of the station’s roof to collapse onto the train. The train ultimately came to rest inside part of the station’s waiting area and platform. Witness reported twisted metal, debris, broken glass, concrete and hundreds of frantic and injured commuters trying to escape the wreckage.

Hoboken Staten is the fifth busiest station in the NJ Transit System, servicing more than 15,000 commuters per day. Situated on the Hudson River across from New York City, Hoboken is the final stop multiple train lines and a transfer point for commuters boarding ferries or PATH trains into the city.