Author Archive for David Brown – Page 57

Clinics and Hospitals in Iowa Join Lawsuit Against Liver Allocation Process

The University of Iowa Hospitals and Clinics has entered into a lawsuit with thirteen other parties over new federal legislation that would change how liver transplants are allocated nationwide.

The new legislation has many changes, but the most contentious one changes how donor’s livers are distributed over geographic regions. Prior to this new law, donor’s livers were distributed by proximity. That is to say, compatible livers were first given to the closest available patient. The law changes this to a need-based system. So now instead of looking for the closest patient, they are now instructed to look for the patient in the most need within specific geographical ranges.

A representative from the United Network for Organ Sharing, one of the organizations who supported the drafting of this bill, states that this new law is more equitable and will save lives. The UNOS rep cited the fact that approximately 3 people die every day waiting for an organ transplant and that this new legislation is designed to prevent those deaths. By switching to a need-based system, UNOS claimed, 100 more lives per year will be saved. An official from the Iowa Donor Network has stated that under current legislation, they are unable to either give or receive livers across the Mississippi river, but this new policy will allow them to both aid and be aided by their neighboring state of Nebraska.

Opponents of the bill have claimed that despite the well-intentioned nature of the legislation, it will come at the cost of liver transplants for underserved and rural communities. The lawsuit claims that this negative effect will amount to these communities receiving 20% fewer liver transplants per year—a massive drop in a life-saving procedure. Experts have claimed that this will most harshly impact rural communities and states in the south.

Organ transplants are still a hot issue. In 2018 there were approximately 16,000 individuals on the waitlist for an organ. Of that 16,000, only 11,000 ever received one. The Director of the UIHC has claimed that no matter how this legislation comes down, more work is needed to fix the root of the problem.

Popular Toy Maker Embroiled In Class-Action Suit Over Infant Deaths

Fisher-Price Infant Sleeper Allegedly Causes Over 30 Infant Deaths

Fisher-Price, one of the biggest toy makers in the world, is currently tied up in class-action lawsuits related to their Rock’n’Play infant sleeper. The lawsuits allege that this product is responsible for more than 30 infant deaths. Fisher-Price has recalled 4.7 million infant sleepers as the company strives to deal with the issue. The recall notice was posted on the company’s website on April 12th and calls for parents to return the sleepers immediately for a refund or voucher. Both of the lawsuits filed recently allege that Fisher-Price was long aware of the potential dangers of its product, but refused to announce a recall.

2 Recent Class-Action Suits

There have been 2 class-action suits filed recently in regard to Fisher-Price’s infant sleepers. The first was filed in the U.S. District Court in Buffalo by Samantha Drover-Mundy and Zachary Mundy. The second was filed by Cassandra Mulvey, also in Buffalo’s U.S. District Court. Both lawsuits seek unspecified damages and both suits attempt to create 2 different classes of claimants – one for New York plaintiffs, and the other for plaintiffs elsewhere in the country.

The Drover-Mundy suit in particular claims that Fisher-Price and Mattel put out a dangerous product that was flawed from the initial design phase. According to the suit, the manufacturer did not adhere to established safety standards when designing the Rock’n’Play sleeper. Allegedly, Fisher-Price then continued to market and sell the product, even as reports of infant injuries and deaths came pouring in. The sort of injuries that infants allegedly suffered from the Rock’n’Play product include asphyxiation, flat head syndrome and twisted neck syndrome. As previously mentioned, the Fisher-Price sleeper is also implicated in over 30 infant deaths since 2009.

Different Classes Of Claimants

In addition to the different classes of claimants based on location, the Drover-Mundy suit seeks to establish 2 further classes of claimants. The suit looks to create separate classes for infants that were allegedly injured by the Fisher-Price product and for families that purchased these products. The Drover-Mundy suit and the Mulvey suit will both be heard in the U.S. District Court in Buffalo, where a judge will rule on the attempts to establish different classes of claimants.

Lawsuits Target Heart Medicine Tainted with Cancer-Causing Chemicals

Lawsuits keep rolling in against the manufacture of a generic heart medication that has been found to be contaminated with carcinogenic chemicals. This contaminant has been on the market for a few years and has found its way into many commercial heart medications. The cancer-causing chemical known as NDMA was detected in Valsartan—an ingredient in heart medication manufactured by the company Zhejiang Huahai Pharmaceutical Co.

A lawyer looking into these cases has found over 2,000 personal injury cases linked to the contaminated medicine that may potentially sue for damages. Claims that were filed against the manufacturer have totaled over 93 million dollars. Lawyers involved in the cases have stated that it will be a difficult task to prove whether or not claimants have developed cancer due to exposure to the contaminated drug.

The FDA has been conducting a complicated recall medication contaminated by the drug since July of 2018. The FDA has claimed that drugs may have been contaminated for the last four years. The recall effort has been a complicated process of tracking down all of the different manufactures the tainted drug has been used in. The FDA has identified many of the contaminated drugs, but the process is complicated by the fact that Valsartan isn’t medicine in itself, but an ingredient used by many other companies.

So far, CVS, Mylan, Teva, and over 30 other companies have been found to have used the contaminated drug. Each of these companies has been named in at least one of the many lawsuits while Zhejiang Huahai Pharmaceutical Co. is the number one target of all of the legal proceedings. These lawsuits are still in the early stages and the outcomes of these proceedings will likely be unknown for a few years to come.

The FDA has concluded that it needs to revamp its policies and securities involving the production of these kinds of drugs. Specifically, the FDA is going to take steps to increase the safety and purity of medicines and components entering the US from foreign manufacturers—which was the case with the NDMA contaminated Valsartan. The FDA already inspected other factories with similar possible contaminations.

Former Sports Anchor, Vince Lennon sues Alabama TV Station for Claims of Racial Discrimination

When it comes to breach of contract and racial discrimination in the workplace, no employee can tolerate such behavior from their employers. Employees who have gone through this have been forced to acquire the help of the law to right the wrongs the employers have put them through. One employee looking for justice because of the breach of contract and racial discrimination comments, he went through at his workplace. This employee is none other than a former Montgomery TV sports anchor Vince Lennon. He filed a suit against Montgomery Television on three accounts of fraud, racial discrimination, and breach of contract.

He claims that while working at the network, he did not have the same treatment compared to his white co-workers. The reason for the difference in treatment was that he is of Spanish descent. Vince Lennon also claimed that the network lied to him in terms of the details of his employment while he was being recruited for his sports anchoring position at WAKA.

According to Lennon, when he left his stable job at Tennessee and relocated to Montgomery, he succumbed to economic hardship and financial loss. The loss he experienced continued after the company failed to pay his salary, as stipulated in his contract. WAKA also failed to pay him the makeup allowance they agreed upon when signing his contract.

Also, according to lawsuit Vince Lennon filed, when he was being “lured” away from Chattanooga to Montgomery to work at WAKA, Halbrooks promised a fully staffed bureau for production and editing of sports segments along with multiple cameras. But upon accepting the job, Lennon did not receive any of the promises. His department was not fully staffed, and he never did receive the equipment promised by management. During the one year he worked at WAKA, he never got any of the promises or agreements they made before signing the contract.

The lawsuit also includes several claims of harassment from his co-worker Sanders, especially one that claims his co-worker insinuated that he would cut off Vince Lennon’s manhood. The case is still pending, but most of his lawsuit claims have been ruled out due to jurisdictional issues.

Mother’s Lawsuit Claims South Carolina Guards Left Son to Die in Prison Yard

Allen Capers, 32, died on December 31, 2017, at the Turbeville Correctional Institution in South Carolina after receiving multiple stab wounds to the head, neck stomach, and hand. Renegade inmates had overpowered a guard, taken the master keys, attacked Capers as well as at least eight other inmates. They were using makeshift shanks, fire extinguishers, parts of chairs, a broken piece of metal, and mattresses as weapons in the assaults.

His mother, Debra Capers Dickson, filed a lawsuit claiming that the South Carolina Department of Corrections left Capers in the prison yard to die. By their negligence in providing adequate security and medical care, the SCDC contributed to the death of Allen Capers, according to the lawsuit.

Background: Prison Violence

The rash of prison violence has been widely reported and investigated. With severe understaffing, attempts to stem and prevent the violence and mounting homicide rate has been unsuccessful. The events on New Year’s Eve 2017 were part of just another outbreak of prison. As Justin Bamberg, the state representative and the attorney representing the family, says, “We’re talking about years, years of critical neglect from the state of South Carolina, years of problems with staffing, years of problems with facilities.”

Case Study for Prison Reform

A surveillance video depicts the prison guards dragging Capers out into the prison yard, and walking up to him, but not providing any medical intervention or assistance. While a statement from the SCDC claims that the actions of the guards are under investigation, Bamberg is pushing to make this a case study in the prison reform movement. He is calling for a capital-improvement bond to fix safety and security issues at the SCDC, which would have likely protected Capers.

The promise of greater security, combined with compensatory provisions, could also fix the understaffing issue. The rash of violence in the prison system has not only affected the lives of the inmates, but the guards are in danger as well. So, prison reform means improving the environment and working conditions for both inmates and guards. True improvement must take both sides of the cell-block door into consideration. It should not be a death sentence to serve out time in prison, according to Debra Capers.

Medical Malpractice As A Result Of “Never Events” Errors

Over eight years of analysis, John Hopkins’ patient safety experts, reported, in 2016, that medical errors are the third highest cause of death in the United States of over 250,00 deaths per year. Because of the high expectation of performance, “physician burnout” was said to be the cause of medical errors. Physician burnout occurs in more than 54% of physicians. The emotional symptoms of “burnout” are due to exhaustion, the dehumanizing viewing of patients as objects, and the accompanying cynicism.

A study of the relationship between the nurse’s burdensome amount of work and patient deaths found that an increase in one surgical patient led to a seven percent increase in the likelihood that a patient would die within the first thirty days of admission. The most damaging errors that a physician can engage in are errors referred to as “never events.” “Never events” are errors made by physicians that should “never, ever occur.” Research has shown that ” never events,” between September 1990 and September 2010, accounted for 9,744 paid malpractice claims. One half these claims were the result of surgery using the wrong procedure or the wrong part of the body and only 17 claims were the result of an operation on the wrong person.

Some of the more noted “never events” have been published in the media. In early April 2019, an Iowa jury awarded to Rickie Huitt $12.25 million because his prostate gland was removed, which was misdiagnosed as having cancer. His pathologist was treating two patients in 2017 and mixed up their slides containing tissue samples. The hospital’s anatomical laboratory mixed Mr. Huitt samples with another person who was diagnosed as having prostate cancer.

The mistake led to an incorrect diagnosis which directly resulted in his prostate gland being removed. The operation also damaged nearby nerves. Mr. Huitt became impotent and incontinent. He felt that he lost his manhood and active sexual relations with his wife due to the side effects of the surgery, which included stress and humiliation.

How could a highly intelligent surgeon and pathologist commit this grievous error? The surgeon/pathologist admitted to her errors of unnecessary surgery and cancer misdiagnosis, which can best be described as a “never event” and possibly the tragic result of “physician burnout.”

No Penalty Charges for Disney

In July 2018, Mr. Juan Alberto Ojeda, 33, a mechanic of Kissimmee, Florida was working in the backstage vehicle maintenance area of the Disney’s Caribbean Beach Resort. He was attempting to repair a utility cart that had been reported for not starting up. For four years, Juan gained knowledge about his job, in an apprenticeship program offered at Disney. After finishing the course, he advanced to the position of a journeyman.

After inspecting the cart, Ojeda realized its battery needed charging, so he placed jumper cables on the power unit and the engine started. He reached into the front of the utility cart and at that moment; the vehicle jumped the curb. According to eyewitnesses, after the vehicle landed on the curb, it proceeded to travel about 3 to 6 feet up a chain-linked fence before falling on the victim, pinning him to the ground.

His fellow workers, Danny Vazquez and Josh Willner rushed over to help Juan, by trying to lift the cart off his body, but it was too heavy. For a brief moment, they thought about reversing the vehicle off him; however, they felt that would do even more damage. Ojeda stated he was having trouble breathing before losing consciousness. He died at the scene.

Juan Ojeda left behind his wife, Leslie and his young son.

The Investigation

After this horrific incident, Leslie Ojeda hired James Provencher, an Orlando attorney that represented the family. In the meantime, the Occupational Safety and Health Administration (OSHA) conducted an investigation. This agency is under the umbrella of The Department of Labor in Washington D.C. and was established and signed into law under the presidency of Richard Nixon.

OSHA’s goal is to make sure the workplace has stringent standards in place for the health and safety of employees in the United States. Since its creation in the 1970s, health hazards, illnesses, and overall fatalities have diminished by more than half.

After investigating the casualty involving Juan Ojeda, OSHA determined in an edited 250-page report, that in the future Disney is required to train their workers, making sure that they follow the guidelines in the utility cart’s manufacturer manual. According to Disney’s service manager, Ronald Ehmer, manufacturer’s manuals were in their mechanic’s shop, but it was not mandatory for the workers to use them.

The agency also noted that Ojeda had not used precaution, such as a block and tackle or jacks when dealing with the runaway vehicle. In the end, Walt Disney World was not fined or cited because OSHA felt it was not their fault, they had not breached any safety rules.

No Amends

Mrs. Leslie Ojeda and her attorney then filed a 15,000 dollar wrongful death lawsuit against the companies, Toro Co. and Wesco Turf, the manufacturers, distributors, and sellers of the utility vehicle, stating that the cart was defective and dangerous. They have yet to respond.

Disney – We Need Compensations!

Recently, two lawsuits were filed against Walt Disney World concerning their PeopleMover ride. This transit system takes people on a 10-minute narrated tour of Tomorrowland’s attractions located in the Magic Kingdom.

The first mishap involves The Tregidgo family of New Jersey. In 2015, John and Heather Tregidgo and their two children were in Florida on vacation. They were enjoying the view as their cart slowly moved along. All of a sudden the ride stopped, which resulted in the cart behind them to ram into theirs, causing serious injuries to Heather.

The second event affected the claimant, Kristie Deieso. In 2017, she visited Orlando from New York to have fun on a female-focused vacation. The PeopleMover transport started pulling forward on the rails and then came to a halt about 100 yards from the station. A trailing tram cart collided with the one Kristie was in. Even though the maximum speed of the ride is 7 mph, it still resulted in trauma to her body.

The Damages

The Tregidgo family hired attorney Robert Hemphill, who is collaborating with another advocate, Barry Novack of California. The lawsuit states that the PeopleMover ride is hazardous and a hidden trap, which contributed to Heather requiring two orthopedic surgeries exceeding 175,000 dollars.

Kristie also contacted legal representative, Brian Wilson after experiencing neck and shoulder discomfort. Later on, she needed to have an operation for a ruptured disc in her neck due to the accident at Disney World. Her lawsuit mentioned that her impairment is probably permanent and that it is a strong possibility she might continue to have health issues in the future.

Both Heather and Kristie are seeking more than 15,000 dollars in compensation for their pain and suffering.

It Has Happened Before

These two cases were not the only lawsuits against Disney because of the mechanical issues surrounding the PeopleMover transit system. In 2015, two sisters were riding the tram with a couple of kids, when the carts smashed into each other. This occurrence ended in them being severely injured. In July 2017, the case was closed after a concealed settlement was attained.

As both lawyers, Hemphill and Wilson proceed with their lawsuits, they wonder if Walt Disney World has fixed PeopleMover in light of the past-alleged events.

Whistleblower Gets Fired, Sues City

In East Lansing, Michigan, a former city water treatment employee alleges to have been fired for alerting the Michigan Occupational Safety and Health Administration and the Michigan Department of Environmental Quality about potentially hazardous conditions at the East Lansing water treatment center.

Troy Williams was fired last year on December 31st. City officials claim he was fired due to restrictions making him unable to perform his job, while Williams contends that it was retaliation for his whistleblowing activities. Williams had been a pump mechanic specialist with the city for nearly 10 years before being fired in 2018. Manda Denieleski, the lawyer representing Williams, remarked that the case sends an important message of solitary to future whistleblowers.

According to the lawsuit, Williams is claiming protected status as a whistleblower. Williams says that he made multiple reports to the Michigan Occupational Safety and Health Administration and the Michigan Department of Environmental Quality over the years about hazards at the facility. He also alleges that the city threatened to fire him when he brought his concerns to their attention.

Williams is also involved in a preexisting lawsuit from 2015 that alleges the city of East Lansing covered up a 2007 study that found asbestos in the facility and that the city mishandled a 2013 mercury spill that endangered workers. Echoing the earlier threat, several employees have come forward saying the city told them to keep quiet about the asbestos report. East Lansing has been fined twice for asbestos and mercury-related problems. The first time for violating safety standards pertaining to asbestos and mercury and the second time for failing to correct the problems outlined in the first fine.

Williams is hoping to see a financial win from the city that will recover his lost wages and non-economic damages he has sustained—including health problems he alleges are connected to asbestos exposure. He also hopes to recoup the legal fees relating to his case. His lawyer commented that such fees can become quite high in these types of cases. Williams and his lawyer have hired the services of an economics expert to help better calculate the damages.

Londonderry Woman Sues Stumble Inn for Negligence in Trip and Fall Accident

A Londonderry woman who tripped and fell at the Stumble Inn three years ago has filed a lawsuit in the Rockingham County Superior Court against the bar and grille and its landlord, the B-Saini Group LLC.

According to the court documents, the plaintiff, Brittany Pescia, visited the Stumble Inn on April 8, 2016, at around 9 p.m. Pescia was walking towards the entrance just as two unnamed men were exiting. The suit alleges the men were engaged in a fight at the time of the incident.

Pescia alleges the Stumble Inn’s entrance was too narrow and did not allow Pescia and the two skirmishing men to simultaneously enter and exit. So as Pescia got closer, she was pushed, lost her balance, and fell to the ground.

The court documents allege that this fall resulted in Pescia receiving a cerebral concussion, mild traumatic brain injury, a spinal injury, and suffering long-term post-concussion syndrome. These injuries also forced Pescia to take time away from work and resulted in her losing a significant portion of wages.

The fall and the resulting injuries, the suit alleges, were largely caused by the bar’s negligence to fail and provide a proper entrance and exit area. The lawsuit alleges the bar and landlord failed to provide an adequate warning with signs alerting customers of the ”hazardous condition” via visual cues. The suit continues to allege they were likewise negligent in their failure to construct or provide a ramp and/or handrails in the area that she fell and was hurt and that such a failure to do so violates building and safety codes and standards.

The suit continues to allege that the bar, which had prominent signage declaring “Soup of the day is whiskey” was negligent in allegedly serving alcohol to a “person or persons who were intoxicated and/or showed signs of intoxication normally associated with the consumption of alchoholic beverages.”

Pescia filed this suit thorough Derry attorney Andrew D. Myers. It seeks a jury trial and does not list a specified amount of damages. The bar and its landlord group have not yet filed a response to the suit nor have they made a public statement refuting the aforementioned allegations.