Personal Injury

Published on: November 16, 2016

Workday Commuters Killed in Accident on their Daily Commute

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.

Published on: October 3, 2016

FDA steps in to ensure that patients understand the risks of Essure Permanent Birth Control after documented side effect complaints

by Naumes Law

In 2002, the U.S. Food and Drug Administration (FDA) approved the Conceptus Inc., a subsidiary of Bayer since 2013, manufactured Essure Permanent Birth Control System. The contraceptive is marketed as the “only permanent birth control you can get with a non-surgical procedure.” Furthermore, a focal marketing attribute of Essure is that the procedure is quick, most times only lasting approximately 10 minutes and can be executed without the need for any anesthesia. Also, the procedure is done with no need for incisions during the entirety of the process. The procedure consists of implanting a small flexible coil, that reaches 1.5 inches once implanted and expanded. The doctor implants the coil through the cervix and vagina ultimately positioning it at the entrance of each fallopian tube.

According to a clinical study, produced by the makers of the birth control system, Essure was allegedly shown to maintain an almost perfect percentage of effectiveness in preventing pregnancies. Although, many of the women that have used Essure would strongly disagree as well as complain about the various side effects they have suffered from having the procedure.

Since the product’s existence there have been around 10,000 documented complaints due to ineffectiveness and various side effects, even multiple deaths, related to Essure. The side effects, include but are not limited to, are:

Published on: August 19, 2016

Initial Settlements for the Amtrak Pennsylvania Derailment Victims

by Naumes Law

On May 12, 2015, a devastating derailment of a Pennsylvania Amtrak train occurred. The Amtrak train was occupied by a little over 240 people when the accident transpired. The derailment ensued while the train was traveling at over double the intended speed limit as it approached a curve. Also, the derailment occurred while the engineer responsible for driving the train was reportedly (according to the National Transportation Safety Board) distracted by radio traffic.

Of those on board, approximately 200 people sustained injuries and eight individuals were killed as a result of the Amtrak derailment.

Subsequently, several lawsuits have been brought by the passengers and employees of Amtrak that were negatively affected by the May 2015 derailment of the Pennsylvania Amtrak train. Currently, Amtrak is in the settlement process and, in a couple of those lawsuits, Amtrak has agreed to settlement terms with those that have brought suit.

Published on: August 10, 2016

Backseat Crash Test Dummies Allow for Advanced Testing Vehicle Safety

by Naumes Law

With the present day evolution of transportation vehicles coupled with the steady use of transportation services, a shift towards focusing on the backseat car passenger’s safety is of the upmost concern. Transportation services and ride sharing applications, such as Uber or Lyft, have contributed to the necessary focus and advancement in back seat passenger safety. The emphasis of backseat safety is substantially due to the overall increase of backseat passengers that are becoming more and more popular in today’s society. In order to further progress in the area of backseat safety new testing techniques and standards are being put into place.

In the forefront of these safety testing techniques is the use of crash-test dummies in the backseats of vehicles during safety testing. The National Highway Traffic Safety Administration (NTSA) plans to use the backseat crash-test dummies as a means of furthering backseat safety procedures and collecting valuable safety data. Previously, the NTSA only used crash-test dummies in the driver and front passenger’s sides during safety testing.

Beginning in 2019, the NTSA plans to start using the backseat safety crash-dummies and the information gathered from the backseat safety crash-dummies as a part of their overall 5-Star Safety Ratings Program. This approach will allow for a new form of gauging the vehicle’s total safety, not only on the driver and front passenger areas as in the past safety testing strategies.

Published on: August 10, 2016

Statute Based Restriction on Total Damage Amount for Single Railroad Accidents May Not Allow for Adequate Victim Recovery

by Naumes Law

When a train accident occurs the damage can be devastating and have a lasting impact on all those involved. Many times the victims are left with overwhelming medical expenses and other expenditures related to the accident as a result. After an accident the sufferers must be made whole again, but due to the regulated maximum amount in which Amtrak is allowed to compensate the collective victims of a single train accident it may leave victims in need of more.

In 1997, the Amtrak Reform and Accountability Act (“the Act”) was passed by legislation to control the amount that Amtrak could be found liable in a single train accident lawsuit. According to the Act, legislation capped the “aggregate allowable awards to all rail passengers, against all defendants, for all claims, including claims for punitive damages, arising from a single accident or incident, shall not exceed $200,000,000.” This tort reform is attached collectively to all victims of single railroad accidents, regardless of the total number of suffering parties seeking damages in the given lawsuit. When the Act was established, the aim of the provision was to ensure that railroad processes would be able to maintain operations during periods of substantial lawsuits against their company.

Unfortunately, the capped amount is not allowing for adequate compensation to all victims of railroad accidents. The federal limit cap does not account for inflation, dating from approximately two decades ago as it was enacted by Bill Clinton while in office. Also, because of the pre-established amount of $200 million the victims and their families are not afforded the opportunity to use the judicial system and its procedures to determine the appropriate amount for their total suffering. Families are finding out that the 1997 provision is not allowing for enough reparation to ensure the expenses produced by the train accident can be paid in full, such as medical expenses and lost wages, because the statute sets the firm limit at $200 million.