Dangers in Products: Asbestos and Morcellators

Jul 19

It takes years of research and big funding before a pharmaceutical company finally comes up with a particular drug or product that will serve as a safe and effective treatment to a certain health condition. And before such drug or product becomes available in the market the U.S. Food and Drug Administration will need convincing results, proven through a series of tests funded by the pharmaceutical company itself, that it will provide safe and effective treatment.

Though it is highly important that medical products are efficient, their safety is of greater priority. This is why pharmaceutical companies can be held legally liable and mandated by courts to compensate those harmed by any medicine and/or pharmaceutical items that they produce which will be proven unsafe and the cause of severe medical conditions or death in some patients, instead of providing cure.

Over the past years a number of health products from giant pharmaceuticals have been linked to the development of either severe or life-threatening complications in patients. One example product is the morcellator, a medical device which, according to the law firm Williams Kherkher, is used to remove fibroids or other noncancerous growths during a hysterectomy or a myomectomy. Morcellators, however, are no longer uniformly recognized as safe and effective medical devices to perform these procedures.

Recently, the pharmaceutical company Johnson & Johnson recalled three of its power morcellators—the Morcellex Sigma, the Gynecare Morcellex, and the Gynecare X-Tract—following study results that demonstrated a significant correlation between the use of the devices and cancer growth. Due to this, morcellator lawsuits attorneys  are now investigating claims regarding the use of morcellators and cancer growth.

An equally dangerous cancer-causing product is asbestos, a highly elastic substance that is electricity, chemical, fire and heat resistant. It had earned the name “miracle substance” due to its superb characteristics, abundance, usefulness and cheapness. This special substance became widely used during the mid of the 20th century, usually mixed with other substances to make cement, generators, turbines, boilers, steam pipes, brakes and clutches, insulators, gaskets, hot water piping, furniture, appliances, construction materials and many other different things.

Asbestos’ remarkable usefulness made it a substance used in many parts of the globe. Many different types of workers have also been regularly exposed to it, including construction workers, electricians, firefighters, plumbers, processing plant workers, miners, shipyard workers, auto workers, machinists and many others.

The dangers presented by asbestos, especially lung damage, have been discovered as early as 1964; however, it was not until after the 1990s that its use was banned, but only in some countries. By 2002, as many as 730,000 asbestos lawsuits had been filed and about 8,400 companies sued by former employees whose works had direct and regular exposure to asbestos.



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Property Owners and Dog Biting Accidents

Jul 19

You are casually walking in a sidewalk in your neighborhood when a dog from one of the houses escapes his leash and attacks you. The accident results into injury and you undeservedly miss some time at work. This scenario definitely falls under premises liability.

According to the website of the Sampson Law Firm, property owners who have failed to make their premises safe may be held liable if accidents and injuries have occurred. The legal concept of premises liability focuses on the recklessness, negligence, and incompetence of property owners, and this includes owners who have dogs in their premises.

A dog attack can result into various damages, such as the medical costs of treating the injury sustained, the lost wages from missing time at work due to injury, the possibility of sustaining permanent damage such as scarring, the emotional and psychological implications of being involved in a traumatic event such as an animal attack, and on certain instances, death.

These damages have their respective financial equivalents, and when you think about it, the victims don’t really deserve to experience them, just because a negligent property owner has failed to properly leash his dog. A premises liability case aims to make the property owner financially accountable for the damages.

But what can a property owner do to prevent dog bites? There are many safety measures he can enforce on his property, as explained in the website of Spiros Law, P.C.:

·       Having an enclosure – The dog should be enclosed in an area where it cannot reach others

·       Informing guests – Visitors should be informed that there is a dog in the property, as an extra precaution

·       Encouraging good behavior – The dog should be grown or trained knowing good behavior, especially toward people

·       Restraining – The dog should be restrained in a leash and properly tethered whenever necessary

However, it is also important to point out that the property owners are not just the ones who should be responsible. They just take the bigger responsibility, but visitors and passersby also have the responsibility of staying away from dogs and not provoking them.

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How to Stay Safe as a Pedestrian

Mar 28

How to Stay Safe as a Pedestrian

If you get hit by a car as a pedestrian, you will fully absorb the collision force because you are not wearing any protective gears like helmets, jackets, elbow pads, and knee pads. Worse, you may even land violently, hitting your head on the pavement or the fire hydrant, or breaking your arm as it hits on the curb.

The point is, pedestrians are likely to get the short end of the stick when a vehicle versus pedestrian collision occurs. According to the website www.thebentonlawfirm.com/fort-worth/, those who have been injured in pedestrian accidents may have legal options, but do you really want to go to hospitals and courts? No amount of money can give back the pain and suffering of traumatic head injuries, paralysis, amputations, and fractures.

Address visibility issues

Many pedestrian accidents have occurred just because the drivers could not see the pedestrians. To prevent this from happening, you should address visibility issues by making sure that there are no obstructions that are preventing others from seeing you before crossing the road. Such obstructions include parked cars, buses, and trees.

During nighttime, only cross on highly illuminated areas. It is also advisable to bring your own flashlight and wear reflective clothing.

Avoid being reckless

Avoid extremely reckless behaviors, such as walking around while under the influence of alcohol or drugs, crossing freeways, and crossing even though you do not have the right-of-way. There are other less risky behaviors, such as constantly being on your phone, using earphones and earplugs, and not staying on the sidewalk, but these behaviors are still dangerous in their own ways.

Look left, right, and left again

Remember that you are a piece of meat that can get plowed by a large piece of metal that is moving at a high rate of speed. Even if you have the right-of-way, always look around before even stepping into the road. There may be speeding drivers who will fail to brake on time or vehicles that will abruptly turn into the adjacent road.

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DUI in South Carolina

Jan 21

DUI in South Carolina

Driving under the influence refers to the operation of a vehicle while having a blood alcohol concentration of 0.08% or higher. For those who have a commercial driver license, the percentage starts at 0.04. It is even stricter for those who are 21 years old below, where the percentage starts at 0.02. It is also important to note that you can still be arrested for drunk driving even if your blood alcohol concentration is within the allowed limit if the circumstances of your offense warrants so.

Criminal Penalties

Criminal penalties for DUI depend on how high your blood alcohol concentration is and how many times you have committed the offense. For first offenses, you can pay a fine of up to $1,000 and go to jail for up to 90 days. For second offenses, the fine goes up to $6,500 and jail time of up to 3 years. For third offenses, the fine can reach up to $10,000 and jail time up to 5 years. The fourth and consecutive offenses have fines of up to $25,000 and jail time of up to 7 years.

Administrative Penalties

Aside from criminal penalties, you are also subject to administrative penalties, such as driver’s license suspension or revocation. The penalties are also based on your blood alcohol concentration and how many times you have committed the offense. For first to third offenses, suspension can go from 6 months up 4 years, especially if your offenses are within 5 years of each other. For fourth offenses, you can have your license revoked permanently, with the chance for reinstatement only after 7 years.

Ignition Interlock

An ignition interlock device is a device installed in the ignition system that monitors blood alcohol concentration. It prevents drivers from starting a vehicle while being under the influence. This device is required to be installed in your vehicle after a second offense. Installing, maintaining, and all operational costs will be shouldered by the person charged with DUI.

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Some Facts about Car Accidents

Oct 18

A number of individuals, who have always been inclined to question all accepted opinions (skeptics as they are called), doubt the veracity of the story which says that in 1895 there were only two cars in the state of Ohio . . . and these collided into each other.

This story appears in two separate posts: in the November 24, 1967 issue of the Life Magazine, and in a website called AF&G All Fun and Games (where over 1,900 useless, though fun and true, facts on almost about anything in the United States are either mentioned or discussed).

Other than the story above, here are additional facts relating to car accidents that are worth mentioning:

  • The first traffic fatality occurred in 1899. It involved a man in NYC who was killed by a car;
  • In 1902, Baker Torpedo, the first electric car that enclosed both the driver and the platform in its aerodynamic body was taken for a speed test. It went as fast as 80 mph before crashing and
  • killing two spectators;
  • In Sweden, on September 3, 1967, a legislation that was passed in 1963, which ordered a switch to right-hand traffic, took effect. Contrary to what so many said that the switch is murderous, highway fatalities, surprisingly dropped over 50%. How? Everyone drove carefully – both hands were kept on the wheel, both eyes were focused on the road and nobody wanted to fight for the way;
  • In the U.S., analysis of fatal car crashes show almost consistently that the more cars there are on the road, the more accidents and fatalities there are too; and,
  • A study conducted by the National Highway Traffic Safety Administration (NHTSA) on car crashes show that at least 90% of the millions of accidents occurring every year are due to driver error or driver fault which include drunk-driving (which is the leading cause of car accidents), reckless driving, overspeeding and distracted driving.

Law firms all across the U.S. that handle personal injury or car accident cases, the Hankey Law Office is one example, know for a fact that, to a victim, a car accident can mean trauma, painful injuries, damaged property, costly medical treatment and, probably, lost wages (if the victim is employed) due to the required period for recovery or rehabilitation.

The unexpected financial concerns due to the injury and the need to make the liable driver realize the importance of observing road safety rules make it necessary for a car accident victim to pursue a legal action to be able to claim compensation and to remind the at fault driver of his/her legal duty on the road.

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