Washington Injury Attorney Blog

Both The Seattle Times and The Seattle Post Intelligencer report today that Fosamax©, a medication to treat osteoporosis, appears to double a woman's chance of having atrial fibrillation, a sometimes serious heart condition.

Fosamax© is manufactured by Merck & Co. A generic version, alendronate, was approved by the Federal Drug Administration in 2008. Fosamax© has also been linked to another serious condition, osteoncrosis of the jaw, also known as jaw necrosis or jaw death. Osteonecrosis can cause parts of the jawbone to deteriorate, causing an extremely painful condition that can lead to jaw removal.

The Seattle, Washington study which was published in the Archives of Internal Medicine was done by Group Health in Seattle and the University of Washington. The study, which followed 719 women with atrial fibrillation, compared them with 966 women who did not have the condition. The study found that the women who had taken Fosamax©, had an 86% higher incidence of the condition.

Atrial fibrillation can result in irregular heartbeats (heart palpitations), shortness of breath, fatigue, blood clots which can cause strokes, and congestive heart failure.

Dr. Philip Mease, an osteoporosis expert at Swedish Medical Center who was not involved in the study, cautions women not to suddenly discontinue the medication. The Group Health study said, "it is important to carefully weigh the benefits against the possible risk of atrial fibrillation in women who have only modestly increased fracture risk and in women who have risk factors for atrial fibrillation, such as diabetes, mellitus, coronary disease or heart failure."

Osteoporosis is a condition that strikes women far more often than men, affecting 25 million Americans a year. It causes bone loss and when the bones become weak and thin they can easily break.

If you or a loved one has experienced any serious side effects after using Fosamax© such as atrial fibrillation or osteonocrosis, you need to contact a personal injury attorney to ensure that your rights are protected. The Farber Law Group has more than 30 years experience of representing people with serious personal injury and malpractice. Contact us today for a free case evaluation.

Every day, an average of 100 people across the United States are treated in emergency rooms for construction accidents involving pneumatic nail guns. In a previous posting, we highlighted some of the serious injuries and even deaths caused by the use of the coil type. In that posting, we discussed a wrongful death claim brought by a widow of a man killed while using a coil type of pneumatic gun. In her wrongful death suit, the widow claims that the contact type of gun should be banned from the market. She is not alone as forensic scientists and emergency room doctors alike believe that the sequential type of nail gun is far safer.

Injuries caused by using automatic nail guns include puncture wounds, brain and head injuries, eye injuries and fractured bones. Musculoskeletal injuries include sprains and tendonitis.

Use the following safety tips when operating a nail gun:

• Use the sequential trigger type, not the coil type of tools

• Obtain proper training in the correct use of the tool

• Carry the tool with your finger away from the trigger

• Always assume the tool is loaded

• Don't point the tool at anyone at any time

• Keep your hands out of the way

• Keep a safety zone around you, making sure co-workers do not enter it

• Disconnect the tool before trying to repair it or clear jams

• Wear safety glasses.

If you have been seriously injured while using a nail gun, contact the construction attorneys at The Farber Law Group. We have more than 30 years experience in representing people who have been seriously injured or killed while working in the construction trade. Contact us today for a free case evaluation.

Washington D.C. -- Two senators have introduced a bill to congress which would require that all stoves sold in the United States be sold with brackets which would prevent them from tipping over. In addition the bill requires that the devices be installed. Over the past twenty years, a hundred people have been seriously injured or killed because a stove tipped over on them. Some stove tipping victims were severely burned due to hot foods and liquids spilling onto them and a few people have been crushed to death by a stove.

U.S. Congressmen Bart Stupak (D-MI) and Vito Fossella (R-NY) presented H.R. 5753 to Congress in April.

In a $546 million class action settlement agreement, Sears has agreed to provide anti-tip devices for free for 4 million stoves that they sold.

If you or a loved one has been seriously injured because of a stove tipping, contact The Farber Law Group. We have more than 30 years experience in representing the victims of a serious personal injuries due to defective products. Contact us today for a free case consultation.

Manuel Murillo died after a nail gun he was using shot a nail 2-1/2 inches into his chest. His wife is now suing the Hitachi-Koki USA for wrongful death claiming that the pneumatic nail gun he was using was "negligently designed, defective and of dangerous character and condition." The Sacramento Bee published a lengthy report written by Andrew McIntosh which investigated nail gun safety and tens of thousands of accidents annually.

In the past decade, injuries due to pneumatic nail guns have increased over 200% according to U.S. Consumer Product Safety Commission study. In the study's five year period, an average of 37,000 patients were treated in hospital emergency rooms every year, an average of 100 every single day. Serious injuries and deaths were reported including nails fired into the brain, loss of an eye and severe damage to a hand.

The Sacramento-Bee story highlighted several other cases besides Murillo's:

• A Truckee man who was treated at Tahoe Forest Hospital for 3-1/4 inch nail embedded in his lung.
• Highway Patrol Officer Ronald Harris Junior was hit in the eye by a nail fired 75 feet away at a construction site as he drove by.
• Eugene Doran won a $15.35 million lawsuit after his spine was severed, causing him to be a quadriplegic after a carpenter in an adjacent store fired a 3-inch nail through the wall.
• Arcadio Rendon won a $60,000 settlement after a nail ricocheted and hit him in the eye. He was a day laborer and said that his employer did not provide safety goggles.
• Miguel Ramierz was shot in the face and suffered a severe head injury.
• Jack Spreduto won a $960,000 lawsuit after a nail went into his hand causing permanent nerve damage.
• Isidiro Lopez had six large nails shot into his head after he and another worker got entangled.

There are two types of nail guns manufactured, sequential and coil. Many people are calling for the band of the coil type which can fire multiple nails sequentially. In an article published in the Journal of the National Academy of Forensic Engineers, H.Boulter Kelsey Jr. claims that if the tools were designed differently, with a different center of gravity, many accidents could be prevented. It is believed that the "pressure to produce" and to work faster leads many companies to use the gun that is less safe.

If you or a loved one has been seriously injured or killed by a nail gun due to someone else's negligence, you should contact The Farber Law Group. With our experience in construction accidents and injuries, we can investigate to ascertain whether the workplace had safety precautions in place, that operators had proper training, were not using alcohol and drugs at the time of the accident and that the tools were maintained in proper condition without safety features being overridden. Contact us today for a free case evaluation.

A jury in Snohomish Superior Court awarded Paramjit Singh of Mount Vernon, Washington a $40.1 million settlement after a defective medical device burned his heart during surgery. Singh then had to undergo a heart transplant and is forced to take anti-rejection medication for the rest of his life and has other serious health complications including facing a kidney transplant.

Singh underwent a cardiac bypass surgery at Everett Medical Center in 2004 when a device manufactured by Edwards Lifesciences overheated, burning his heart. Singh's heart stopped and could not be restarted. He had to be kept on a medical heart device for weeks until a heart could be found for a transplant.

Singh's lawyers presented evidence to the jury that Edwards Lifescience was aware that the of a potential problem with the device since 1998 but did not recall the device or warn hospitals and patients. Of the damages, $8.35 were punitive. Punitive damages are not generally allowed in Washington Court but the allowed them because Edwards Lifescience is located in California where punitive damages are allowed.

If you or a loved one is seriously injured or killed because of medical malpractice or a defective product, contact The Farber Law Group immediately. We have more than 30 years experience in representing victims of serious personal injury. Contact us today for a free case evaluation.

United States Senators Mel Martinez (R-FL) and Herb Kohl (D-WI) presented a bill which is intended to protect the rights of residents of nursing homes, Fairness in Nursing Home Arbitration Act. Increasingly, nursing homes require patients to sign a document stating that they will agree to arbitration to solve any disputes with the nursing home upon entering a nursing home. This closes a patient's options to take other legal actions in cases of abuse or neglect. Senator Kohl said, "Nursing home residents, one of our nation's most vulnerable populations, must not lose their right to hold nursing homes accountable in the event of abuse or neglect."

The bill does not prevent arbitration but ensures that "arbitration is voluntary and not coerced." If the bill passes, nursing home residents will no longer have to sign away their rights in handling disputes prior to entering into a nursing home facility.

If you or a loved one has suffered a serious injury due to nursing home abuse or neglect, do not hesitate to contact The Farber Law Group. At The Farber Law Group, we are experienced in handling nursing home abuse cases. Contact us today for a free case evaluation.

The Federal Department of Agriculture (FDA) announced that the will be testing for additional strains of E.coli. Last Fall, Kayla Boner, an Iowa teenager died of a common E.coli bacteria that the FDA does not routinely test for. Since the early 1990's, the FDA's testing has been for the 0157:H7 strain of the bacteria. Since Boner's death, the FDA has decided to test for other strains including the 0111 bacterial that killed Boner.

The Centers for Disease Control estimates that E.coli 0157 infections sicken 73,000 people a year and kills about 60. Other strains, however, can also be deadly. The FDA's Food Safety and Inspection Service announced that they will begin to focus on six other E.coli bacteria: 026, 0111, 0103, 0121, 045 and 0145. FSIS executive associate, Elizabeth Hagen, says these groups of E.coli may be responsible for up to 75% of the non-0157:H7 illness.

The start date for the new testing has not yet been announced.

Foodborne illness can cause serious illness and sometimes death, especially in pregnant women, young children, people with compromised immune systems and the elderly. Complications can include severe hydration and shutdown of major organs like the kidneys.

If you or a loved one has been hospitalized or become severely ill due to food poisoning, you should contact a personal injury attorney with expertise in the field. The Farber Law Group has more than 30 years experience in representing victims of foodborne illness. Contact us today for a free consultation.

The Seattle Post Intelligencer reports that the Food and Drug Administration (FDA) is investigating a possible link between salmonella food positioning and Malt-O-Meal cereal. People have apparently been sickened in by the same salmonella strain in 21 states, however no cases have been reported in Washington State. According to the Centers for Disease Control and Prevention, three people have been hospitalized but there have been no deaths.

Malt-0-Meal is recalling its Puffed Rice and unsweetened Puffed Wheat Cereals with "Best if Used By" codes between April 8, 2008 and March 18, 2009. If you have cereal on your shelf marked with these dates, the company urges you to dispose of them. Recall information can be found on the company's web-site at www.malt-o-meal.com/recallinfo/.

Symptoms of Salmonella poisoning include:

• Dehydration
• Nausea
• Vomiting
• Fever
• Diarrhea and bloody diarrhea
• Abdominal crams

Salmonella poisioning can be especially dangerous to the very young, the elderly and people with compromised immune systems.

If you or a family member has become seriously ill due to a food-borne illness, you should contact a personal injury attorney. The Farber Law Group has more than 30 years experience in representing people with foodborne illness. Contact The Farber Law Group today for a free consultation. Click here for Foodborne Illness resources.

A construction worker was awarded a $14.6 settlement after a 2002 highway construction accident resulted in the amputation of one of the woman's legs below the knee. The woman, Bobbi Jo Craver, was a construction flagger when a concrete cutter ran over her. Vermeer Central Illinois, a heavy equipment dealer, has to pay the major portion of the settlement, around $13.4 reported Trading Markets.com.

Craver's attorney, Robert Napleton, said that G.M. Sipes Construction who was Craver's employer, rigged the fuel solenoid on the concrete cutter so that the emergency stop button would not work. When a worker lost control of the concrete cutter and hit the emergency stop button, the machine continued to run, running over Craver and then going into traffic where it struck a tanker. Napleton said that this was not the first time that G.M. Sipes rigged machines to thwart their safety controls. Napleton said, "They had bypassed those things basically to keep the job moving and keep the job running."

Besides the equipment dealer, the equipment manufacturer has to pay Craver $1.2 million. Craver's employer is responsible for around $200,000 in worker's compensation payment. The accident occurred in Illinois and although the jury considered G.M. Sipes Construction company more responsible for the accident, Sipes is not required to pay damages because of Illinois law.

According to the U.S. Department of Labor Statistics, in 2006, 87 workers in Washington State were killed on the job. Every year thousands of construction workers are seriously injured and many disabled. Falls, chemical exposure, violence, burns and being hit by equipment are some of the causes of accidents.

Because workplace injuries are complicated by worker's compensation and State laws, it is wise to seek the counsel of a personal injury attorney if you or a loved one has been seriously injured in a construction accident. In addition to worker's compensation, you may be entitled to compensation for loss of limb, medical expenses, lost earnings and pain and suffering. The Farber Law Group is experienced in dealing with with worker's compensation laws and laws governing 3rd parties. Contact us today for a free case evaluation.

The Seattle Times reported today that 24-year-old Kent man was arrested on suspicion on killing the wife of one of the patients at the Garden Terrace Alzheimer's Center of Excellence where he worked. Jane Britt, 75, was found dead in the trunk of her car on March 19 in the center's parking lot; She had been beaten and strangled. Police said that Britt regularly visited the Center to visit her husband who has been a patient there for two years.

Police Commander Stan McCall said that DNA collected from Britt's body matched the DNA of an assistant at the Center. The man was arrested and will appear at a bail hearing in King County today. The Seattle Times said they do not release the name of a suspect until they are charged.

Police have not yet mentioned a motive for the slaying but they did say some of Britt's clothing had been removed.

According to the U.S. Department of Justice, the elderly usually experience less violent and property crimes than younger persons. Elderly victims are also less likely to protect themselves against violence by running away, fighting off their offender or calling for help.

In our society as the number of elderly increase, we do see an increasing amount of elder abuse in home care settings and in nursing homes. Elder abuse can take the forms of `general neglect but also financial manipulation, physical abuse and sexual abuse.

If one of your loved ones has been seriously injured or died as a result of nursing home staff negligence or abuse, contact The Farber Law Group, a law firm that specializes in nursing home abuse and neglect.

Two recent medical studies found that Bayer’s anti-bleeding product, Trasylol, generically known as Asprotinin, is dangerous. Trasylol or Asprotinin, given to heart bypass surgery patients by their physicians to stop bleeding and reduce blood transfusions, was found to cause patients to die at a much higher rate than patients given other anti-bleeding drugs. The drug also caused a higher rate of kidney failure requiring patients to go on dialysis.

Although it is not clear why patients who took Trasylol died at a higher rate than patients given other medications, two recent medical studies reached that conclusion. They found that 6.4 percent of patients who were given Trasylol died within 30 days of the surgery, a rate nearly 2½ times higher than patients who got another drug or who received no treatment for excessive bleeding. At one year after surgery, almost 16 percent of Trasylol patients had died, approximately 2½ times higher than patients using an alternative medication.

According to the Associated Press, Bayer, who was aware of the this information, including the preliminary results from their own study, failed to present this evidence to the Food and Drug Administration, claiming the medical studies were flawed. But according to Dr. Sidney Wolfe of Public Citizen’s Health Research Group, it is Bayer’s reasoning that is flawed, “I just don’t know how much further evidence you need.” Wolfe also said that federal health officials should pursue criminal charges against Bayer for withholding information from FDA.

Trasylol has been on the market for 14 years and was used by doctors to treat hundreds of thousands of heart bypass patients each year. Bayer stopped selling the drug last fall, after a study was halted because of deaths among patients taking Trasylol.

Injuries or death resulting from dangerous drugs are often quite complex, and establishing legal fault requires the assistance of an attorney knowledgeable in this area of the law.

At The Farber Law Group, we are experienced in representing the victims of dangerous drugs and in helping victims or their families recover compensation for those injuries. Contact us today for a free case evaluation.