Category: News

Man Files GranuFlo Lawsuit

granuflo lawsuit A Michigan man has filed a lawsuit against Fresenius Medical Care, the maker of GranuFlo, a dialysate used during kidney dialysis to counteract the acids created by failing kidneys. GranuFlo was recalled in 2012 after an internal Fresenius memo discussing how it may increase the risk of cardiac arrest by as many as eight times was leaked to the FDA.

GranuFlo enjoyed wide use nationwide and has been included in the treatments of more than 250,000 people.

The lawsuit alleges the man’s cardiac arrest is a result of being treated with GranuFlo. It seeks $6 million in damages for medical costs, pain and suffering, lost wages, and future earnings. One of its major accusations is that the company failed to warn the public and the medical community of GranuFlo’s potential dangers.

As more people become aware of the risks associated with GranuFlo, there will likely be more suits filed.

Workers Compensation

Almost all employers in this country are required to purchase and maintain a Workers Compensation policy through a licensed insurer – exceptions and exclusions can vary by state. Workers Compensation, or Workers Comp, is a type of insurance which provides benefits to employees in the event of an injury; benefits usually cover pay replacement and medical coverage. This insurance pays out for on the job injuries and accidents which result in some type of loss – be it money or health.

What is the Purpose of Workers Comp?

While Workers Comp may seem like a protection for the employee if they are injured, that’s not exactly the case. By accepting the benefits through this program, the injured worker is basically relinquishing the company of any responsibilities; offering Workers Comp is essentially a settlement in exchange for the employee not filing a lawsuit. This type of bargain gets companies off the hook for negligence, unsafe conditions, and ensures that they won’t have to pay out big judgments for employees who have been injured on the job.

Receiving Benefits and When to Refuse Them

In some cases, a company might directly or indirectly try to interfere with the employee’s right to file (and sometimes not file) for benefits under Workers Comp. They might pressure the injured worker into feeling like they will face penalties at work or lose their job if they don’t comply either way, but the employee is the only one who should make that choice. If an injured worker has questions about Workers Comp benefits and what exactly is covered, the first step is consulting with the company’s HR director. If questions still remain after consulting HR, it may be in the employee’s best interest to consult an attorney about their choices for taking the Workers Comp benefits offered to them or pursuing further compensation from the company to cover losses.

Written on behalf of Land, Parker & Welch, P.A. A workers’ compensation law firm located in South Carolina.  Formore information, please visit us at www.lpwlawfirm.com.

 

 

 

 

Premise Liability After Hurricane Sandy

The recent destruction to the East Coast by Hurricane Sandy has left many people without power, heat, and food.  These are the lucky ones as many have completely lost their home.  Hungry and cold consumers have been heading into restaurants, stores, and cafes to escape the cold of a home without lights and power. Some of these businesses, however, have opened prematurely.  By opening before being ready they have put consumers at risk of injury while on their property.  Whether parking lot flooding, downed power lines, flickering lights, or slippery floors – many businesses are no safer than your own home after a storm.

During inclement weather, and after, consumers need to exercise caution when deciding where to go to get out of the storm. These storms can often leave people without power and cause flooding.  Next time you find yourself in a storm look for these cues to determine which business is safe for you and your family to find relief.

  1. Trees.  Look around the business at the surrounding area.  If it is located near large trees it may not be safe.  Strong winds can cause trees to snap and fall on buildings or in roadways – blocking your exit.
  2. Fire codes.  It is important for a business to follow fire codes even during a storm.  While they may want to provide shelter to more people than they can fit – it leads to other safety problems.  If too many people are crammed into a building they will not be able to safely escape in the event of a fire.  When people panic it can lead to being trampled upon and further injury.
  3. Flooding.  Are streams, rivers, or the coast located nearby? If there is a chance that the water could reach that level – do not stay there during a heavy storm.

Keep your family safe during a storm by making sure that where you go for shelter is safer than the home you left.

Maguire Law Firm is a personal injury law firm located in Myrtle Beach, South Carolina.  For more information, please visit us at www.maguirelawfirm.com.

 

Falls among the Elderly

Slipping and falling can be a traumatic and devastating event. This is especially true when the slip happens due to someone else’s negligence. For the elderly or people with impairments a fall can add to their discomfort and in many cases can be a life altering experience. A fall does not just cause damage to the physical well being of a person, but also causes psychological damage connected to one of the fundamental functions of human existence, walking.

Approximately one in every ten emergency room visits is a result of falls, the majority of these among the elderly. Falls can cause serious damage, some of which are:

Fractures: Fractures are very common among people who fall, ranging from broken fingers to a broken pelvis or hip bone. A fractured femur is a prime example of a serious injury that can occur when a person falls. Head fractures are also relatively common because of the tendency to hit ones head when falling to the floor.

Head Injuries: When a person falls and hits their head on the floor they can seriously injure their brain and skull. These injuries can include skull fractures, haematoma-which is also called internal bleeding of the brain, soft tissue injuries, and long term damage to the brain due to bruising.

While these are direct injuries, as a result of the fall itself, there are also a number of other consequences that are not as quickly visible but can be just as painful.

Some psychological damages from a fall can leave victims withdrawn from their normal social activities. This leads to social isolation and a feeling of immense loneliness.

Nobody should have to suffer alone, and all victims are entitled to fair compensation which can allow them to seek the treatment they deserve. Regardless of the treatment being physical or mental, psychological or physiological a good attorney can stand up for the rights of the victim and hold responsible the negligent party involved.

David Resnick & Associates, PC is a slip and fall injury law firm located in New York City.  Formore information, please visit us at www.nyc-slipandfall.com.

Wal-Mart Settles Class Action Workers’ Compensation Case

After a three-year battle, Wal-Mart Stores Inc. finally agreed to settle a class action workers’ compensation lawsuit involving 13,521 employees last week in Colorado. The case, Josephine Gianzero v. Wal-Mart Stores Inc., was finally settled when a federal judge in Denver approved the class action lawsuit that claimed Wal-Mart interfered with the way workers’ compensation claims were paid for accidents.

The class action case came from a Colorado Springs Wal-Mart employee workers’ compensation claim from 2009. U.S. District Judge Robert Blackburn approved the $4 million settlement from both Wal-Mart and the co-defendant Claims Management Inc., while also ordering four years of injunctive relief, requiring Wal-Mart and CMI to provide training for its workers’ compensation adjusters.

Along with Wal-Mart Inc. and Claims Management Inc., the case also involved additional co-defendants American Home Assurance Co. and Concentra Health Services in Colorado. According to a written statement from the workers’ compensation lawyers who represented the plaintiffs, the judge also required Lexington Insurance, Concentra’s insurer, to pay an additional $4 million in the settlement.

“The defendants denied all allegations of wrongdoing and vigorously defended the case for over three years,” the statements said.

In a press release, the plaintiffs in the case claimed that Wal-Mart, CME, and Concentra “interfered with and limited the independent judgment of certain medical providers who treated injured workers employed by [Wal-Mart] in Colorado who sustained on-the-job injuries.”

Along with Wal-Mart and CMI agreeing to provide training for its workers’ compensation adjusters, Concentra also agreed to provide “periodic training,” to its Colorado marketing and sales workers.

The more than 13,500 plaintiffs will receive checks for $520 for those treated at a Concentra facility and $50 for those treated at other facilities without any proof of claim.

“The health, safety, and well being of our associates are important to [Wal-Mart],” Wal-Mart Stores spokesman Randy Hargrove said in a statement. “If associates are injured at work, we and CMI are committed to making available the best treatment and care, so that they can get better.”

Securing compensation through a class action lawsuit or a regular workers’ compensation claim can be extremely frustrating and complicated, as this case demonstrates, but often, injured workers are able to secure the financial assistance they need with the help of a workers’ compensation lawyer. Try visiting a workers’ compensation lawyer’s website to find more information about what these attorneys do to help people, and how they may be able to assist you after a workplace injury.

 

 

 

 

Shigella Outbreak Continues in Florida

Okaloosa County, Florida is experiencing an outbreak of the Shigella.  This contagious bacterium usually appears up to 3 times a year, but so far in 2012, the Okaloosa County Health Department reports that there have been 49 confirmed and probable cases.  Shigella is typically identified by fever, abdominal pain, vomiting, and diarrhea, but other complications may also arise.

Shigella is similar to E. coli and salmonella in that it is extremely contagious.  Contaminated food and drink is the number one cause of Shigella exposure, and children are the most at risk.

Treating Shigella

Mild cases of Shigella may clear up on their own, but in some situations, medical treatment is recommended.  Typically, the victim will suffer from related symptoms for 5-7 days, although antibiotics may help in reducing the duration of the illness.  The U.S. Centers for Disease Control and Prevention (CDC) suggests a course of:

  • Antibiotics such as ampicillin, Bactrim, or ciprofloxacine.  Healthy adults may not necessarily need antibiotic support, but children, the elderly, and individuals suffering from other health complications can benefit from this treatment.
  • Fluids to counteract the effects of dehydration.  Both oral fluids and the use of intravenous hydration are utilized in the treatment process.

Victims should not utilize medications targeted at stopping diarrhea because they can worsen the condition and counteract the benefits of antibiotics.

Preventing the Spread of Shigella

In order to prevent the spread of Shigella and other types of food poisoning, people must take time to wash their hands thoroughly and properly disinfect food preparation areas.  Individuals experiencing symptoms of Shigella infection should avoid preparing food, playing with pets, and touching others.

Food Poisoning Dangers

When manufacturers, restaurant employees, or other food handlers are negligent in their duties to safely prepare and package food, bacteria such as Shigella can spread rapidly, putting many at risk.  Working with a personal injury lawyer may help victims understand their legal rights and take necessary action for compensation.