Birmingham Injury Blog

The Maryland Injury Lawyer Blog has posted an article about the amount of zinc contained in denture creams that can prove to be dangerous.

Zinc isn't hazardous when consumed or absorbed in normal doses... about 40 milligrams a day is average. People who use some brands of denture cream, such as Fixodent and Poligrip, on a daily basis can be exposed to as much as 300 milligrams a day, which leads to a host of medical problems. The zinc is absorbed through the gums, which after daily exposure for a long period of time, can lead to a copper deficiency and progress to anemia.

It can also reduce the function of the immune system. Among the more serious effects are paralysis and nerve damage. Symptoms can include numbness or tingling, and lack of balance. One plaintiff claiming injuries from denture cream, a man from east Texas, can barely walk, and only with support.

There have been eleven lawsuits (so far) against Glaxo Smith Kline and Proctor and Gamble...the companies that produce Poligrip and Fixodent. The suits claim that the companies didn't adequately warn consumers about the possibility of zinc toxicity associated with their products.

The denture cream lawyers generally allege that the denture cream manufacturers failed to appropriately warn consumers about the risks of zinc toxicity. One defense is predictable—the plaintiffs did not use the product in accordance with the instructions. However, that defense lawyers' common argument - blame the victim - ignores the fact that a large portion of the denture-wearing population (34 million Americans) have somewhat ill-fitting dentures...Those people were never warned of the dangers of using denture cream beyond the instructions. From a consumer standpoint, a product that goes in your mouth must be safe to use. Who among us would think of a problem like zinc toxicity from denture cream?

Zinc toxicity can result in permanent and significant injuries, but reducing intake of the mineral may help.

Yahoo News has posted an article about a study conducted by the Insurance Institute of Highway Safety (IIHS). The study tested

six midsized sedans and found none of their bumpers held up well in the kinds of low-speed impacts bumpers are supposed to sustain.

The Chevrolet Malibu, Ford Fusion, Honda Accord, Hyundai Sonata, Mazda 6, and Nissan Maxima all received ratings less than 'good' on the scale of good, marginal, acceptable and poor. The bumpers on the Mazda 6 was the only one out of the bunch to be rated 'acceptable.'
The Hyundai Sonata and Honda Accord rated 'marginal' and the remaining three cars were rated 'poor.'

In the tests, the cars’ bumpers are rammed straight into a solid barrier at 6 mph in the front and rear. One front and one rear corner are also subjected to 3 mph impacts. Current federal standards call for 2.5 mph for the front and rear barrier portion of their tests, and 1.5 mph for the corner impacts. Repair estimates for the four impacts are totaled and averaged according to how prevalent each type of accident is in the real world. The evaluation includes a weighting that reflects real-world accident patterns. Weighted average repairs of less than $500 merit a Good rating, under $1,000 is Acceptable, and less than $1,500 is marginal. Any estimate over $1,500 is considered Poor.

Bumper tests are mainly done because of insurance rates, not necessarily for crash safety research. Many fender-benders only result in a slight amount of damage that could have been prevented if a better bumper were on the car to begin with.

The LaBovick Injury Law Blog has posted an article highlighting the need for drivers to be extra cautious when sharing the road with bicyclists, particularly in the summer months.

In an effort to promote roadway safety for Bicyclists we are sharing important stats involving bicycle accidents: There are 73 to 85 million bicycle riders in the US, including 45 million over age 6 who rode more than six times in 2008. 700 bicyclists died on US roads in 2007. Over 90 percent died in crashes with motor vehicles. The "typical" bicyclist killed on our roads is a sober male over 16 not wearing a helmet riding on a major road between intersections in an urban area on a summer evening when hit by a car. About 540,000 bicyclists visit emergency rooms with injuries every year. Of those, about 67,000 have head injuries, and 27,000 have injuries serious enough to be hospitalized. 43,000 cyclists were reported injured in traffic crashes in 2007. There were 1 in 8 of the cyclists with reported injuries had a brain injury. Two-thirds of the deaths here are from traumatic brain injury. A very high percentage of cyclists' brain injuries can be prevented by a helmet, estimated at anywhere from 45 to 88 per cent..

The National Highway Traffic Safety Administration (NHTSA) issued the following Bicycle Stats in November, 2008

There were 698 Bicyclist deaths in 2007: (Down from 773 in 2006).
There were 43,000 Bicyclist injuries in traffic in 2007: (Down from 44,000 in 2006).
The average age of a bicyclist killed on the highways was Age 40.
The average age of a bicyclist injured on the highways was age 30.
The number of Bicyclists killed that were 15 years old and under was 107.
The number of Bicyclists injured that were 15 years old and under was 12,000.
The number of Bicyclists killed that were 16 to 34 years old was 163.
The number of Bicyclists injured that were 16 to 34 years old was 16,000.
The number of Bicyclists killed that were 35 to 54 years old was 262.
The number of Bicyclists injured that were 35 to 54 years old was 10,000.
The number of Bicyclists killed that were 55 years and older was 262.
The number of Bicyclists killed that were 55 years and older was 4,000.

The article has also listed tips for bicylcists as well:
7 Tips and Rules for the Road for Bicyclists

Protect Your Head. Wear a Helmet. Assure Bicycle Readiness. Use proper size and function of bicycle. Ride Wisely. Learn and Follow the Rules of the Road. Be Predictable. Act Like a Driver of a Vehicle. Be Visible. See and Be Seen at All Times. “Drive” with Care. Share the Road. Stay Focused. Stay Alert.

The Baltimore Injury Lawyer Blog has posted an article about protecting consumers from pharmaceutical negligence.

The article uses the example of Diana Levine, a woman who lost an arm because of the medication Phenergan. A jury awarded her $6 million in damages even though the drug company had the case appealed all the way to the Supreme Court. They argued that the FDA approved warning label should have released them from liability. The jury didn't agree.

Levine's case shows...

the many levels on which the civil justice system can be a positive force for change. First, Ms. Levine was able to secure compensation for her injury. Second, Wyeth has the opportunity to change the drug labeling to protect consumers from similar occurrences. Finally, this protects consumers as a group by ensuring that drug manufacturers can not merely do the bare minimum required by the FDA and escape liability for the foreseeable consequences of negligent acts.

The Baltimore Injury Lawyer Blog has posted an article about the cross-examination of defense doctors because of financial incentive.

Maryland law allows discovery of how much a professional witness earns from testifying, as well as what percentage of his overall income is earned from working as a paid witness.

It's generally a bad idea to take the doctor's word for the amount he/she is paid by the defense attorneys or insurance company for their testimony. Acquiring a subpoena to obtain the actual records is much more reliable. Usually, before the financial statement is produced, the doctor backs out of testifying.

The doctors and the defense bar think we do this because we know that if the records are ordered to be produced the doctor will refuse to testify. Obviously that makes my job as plaintiff’s counsel easier. The truth of the matter is that we subpoena these records because it is the only way to ensure a good cross-examination.

There aren't many defense doctors testifying in Alabama, but this is still an important strategy to keep in mind.