Birmingham Injury Blog

The Utah Personal Injury Law Firm Blog has posted an article about the dangers of the birth control pills Yaz and Yasmin. The pills are basically identical and have been marketed without enough warnings about their dangerous, and potentially deadly, side effects.

Both drugs contain drospirenone, which can be dangerous when taken daily.

Drospirenone can cause severe heart problems by increasing blood potassium levels. Patients have also suffered from strokes, cardiac arrhythmias, and gallbladder disease. Some women have even died from health problems resulting from Yaz and Yasmin.

Several lawsuits have been filed against Bayer, the maker of the drug, for failing to give adequate warnings and for "misleading the public." The lawsuits are trying to hold Bayer responsible for not doing enough research and testing prior to making it available to the public. The lawsuits also include

failing to recall the drug once it became apparent that it was dangerous, and for vehemently marketing the drug without properly warning of potential side effects.

Posted by John Watts & M. Stan Herring | Permalink | Email This Post

Posted In: Drug Cases

Bookmark:

The Alabama Injury Lawyer Blog has posted an article about the settlement in a wrongful death case brought against a trucking company. A Chilton county man was killed in a car accident in January 2008 because of a logging truck's negligence.

James Sanderson was stopped behind two vehicles in a left hand turning lane, a logging truck was directly in front of him. He was then rear-ended by another log truck that was speeding. The collision forced Sanderson's van forward into the first log truck. A log came through the windshield and caused a "traumatic head injury" to Sanderson.

The case was brought to trial and the plaintiff was able to prove that Gary Fruge's, driver of the second truck, speeding and faulty brakes were the causes of the fatal accident.

Apparently proving that the trucking company had failed to properly maintain their vehicle, the jury fined both Fruge and the company for whom he was driving. The lawyer for the Sanderson family produced experts who testified that Fruge was traveling well in excess of the posted 50mph speed limit.
The Sandersons' attorney argued that Fruge had about one thousand feet in which to bring his truck to a full stop. From the evidence, experts testified that the truck must have been travelling around 65-75mph for Fruge to have applied the brakes and still strike the victim’s van with sufficient force to cause the resulting damage and fatal injuries. Experts showed that if Fruge been going 45mph, he would have been able to stop within 360 feet after first application of the truck's brakes.

The jury agreed and ruled Gary Fruge and the Gorum Trucking company responsible for Sanderson's death. His surviving widow and three children were awarded a $3.5 million settlement in July of this year.

Posted by John Watts & M. Stan Herring | Permalink | Email This Post

Posted In: Truck Wreck

Bookmark:

http://www.alabamaproductinjurylawyer.com/2009/08/fda_probes_orlistat_alli_and_x.htmlThe Alabama Product Injury Lawyer Blog has posted an entry about a new drug warning from the FDA. The FDA has issued an "early communication" warning for weight loss drugs containing Orlistat. So far, the agency says it has received 32 reports of "serious liver injury," including 6 instances of complete liver failure in patients who had taken the drug. Orlistat is in the over the counter weight loss drug Alli and the prescription drug Xenical.

GlaxoSmithKline, which manufactures Alli, the OTC version of this drug, insists "there is no evidence that Alli causes liver damage". The company went on to indicate the people who are overweight or obese are predisposed to liver problems.

The FDA released a statement saying that there is no "definite association" between Orlistat and liver injury, but the data is being reviewed.

Posted by John Watts & M. Stan Herring | Permalink | Email This Post

Posted In: Drug Cases

Bookmark:

The Alabama Product Injury Lawyer Blog has posted an article about a study done by the FDA confirming that people under age 25 who take an antidepressant are more likely to have suicidal tendencies and thoughts than older people on the same medication.

A warning about the increased tendencies has been present on antidepressant medications since 2005. Psychiatrists have complained that the "black box" warning scared people away from taking the type of medication and have even suggested that the FDA remove the warning...

based on the significant decline in people seeking treatment for depression. However, this recent study by the FDA, which looked at 372 clinical trials from eight different drug makers involving over 100,000 individuals, confirmed the increase risk of suicide in those under 25 taking these type of medications

This article suggests that the warnings really are necessary.

Before the black box warnings were imposed by the FDA in 2005, primary care physicians were prescribing this type of medication to children and young adults going through what can only be described as "teenage angst". There typically was no diagnosis of depression, much less any formal testing to address whether the young adult or child was indeed depressed. Several weeks later, these young, vibrant souls, with many promising years ahead, were found dead as a result of self inflicted injury.

Posted by John Watts & M. Stan Herring | Permalink | Email This Post

Posted In: Drug Cases

Bookmark:

The Alabama Injury Lawyer Blog has posted an article about gun safety. Alabama currently ranks as the state with the second most gun related deaths. Louisiana is in first place with 20 injuries per 100,000 people. Alabama has 17 gun related injuries per 100,000 people. Roughly 57% of households in Alabama have firearms.

In general, children under 15 are twelve times more likely to be killed accidentally by a firearm than an adult. American children are also 16 times more likely to be murdered with a firearm than in 25 other industrialized countries.

Some people may say they can’t prevent gun-related homicides involving kids, but there is an area that needs real attention. Deaths from family-owned firearms. Fact: American kids under 15 years old are 11 times more likely to commit suicide using a gun, and nine times more likely to die from a firearm accident than children in those other industrialized countries.

The article goes on to remind people to unload their guns and lock them up when not in use.

Gun owners are the first line of defense against the senseless tragedies we read about in the news every day.

Posted by John Watts & M. Stan Herring | Permalink | Email This Post

Posted In: Interesting News

Bookmark:

The Baltimore Injury Lawyer Blog has posted an article about filing injury claims against amusement parks.

Injuries are quite common at amusement parks due to high speeds an sharp movements that make rides like roller coasters so fun. However, "most amusement operators vigorously defend injury claims" and try to make it look like the injury was because of the park guest's negligence.

For example:

I once defended an injury suit against a park made by a rider who alleged that he had broken his tailbone when he skidded across the stop pool on a water ride and collided with the pool wall. Over the prior few years, four other people had the same problem. Common sense would tell us that the landing pool was simply too small. Unfortunately, it was also the most expensive proposed fix. So the park tried a few stop-gap measures, but folks kept getting hurt. I don't know if they ever just extended the pool. I do know that all of the riders who filed suits faced defenses like the ones outlined above.

When considering making a ride injury claim, expect to be taken to trial and meet with a liability expert as soon as possible.

Familiarize yourself with any state regulations and reporting requirements. Subpoena the inspection file from the regulatory authorities. Fight during discovery to make sure you know of any prior problems with the ride at issue. Get copies of any instructions or signage. Act quickly to pin down witnesses

Posted by John Watts & M. Stan Herring | Permalink | Email This Post

Posted In: Product Liability

Bookmark:

The Alabama Injury Lawyer Blog has posted an article that discusses exactly who is at fault in causing an auto accident.

The article says that the owner of the vehicle, not just the driver, should be held responsible for an accident. Vehicle owners shouldn't lend their vehicle out to incompetent drivers, which come in many different forms, such as inexperienced, distracted or intoxicated drivers. People with bad driving records are also included.

If you or I lend our vehicle to another person, we are each subject to liability for compensatory and punitive damages if that driver causes a crash that results in personal injury to another. The key here is competency.So what do you have to look for? The factors that contribute to a cause of action for negligent and/or wanton entrustment of a vehicle are the following:

(1) The entrustment of a vehicle; (2) to an incompetent driver; (3) with the knowledge that the person is incompetent to operate a motor vehicle; (4) proximate cause; and finally (5) damages caused by that person in the operation of the vehicle.

The main issue for the owner vehicle when it comes to liability for the accident would be if they knowingly loaned their vehicle to an incompetent driver. If that's the case, then personal injury attorneys will try to prove the owner is just as guilty as the driver.

Posted by John Watts & M. Stan Herring | Permalink | Email This Post

Posted In: Car Wreck

Bookmark: