Kansas City, MO Personal Injury Blog | Humphrey, Farrington & McClain, P.C.

Hepatitis A outbreak blamed on Costo frozen fruit mix

2013-06-06T01:48:31Z

A serious hepatitis A outbreak has been linked to a tainted frozen fruit product sold at Costco stores. The defective product is called "Organic Antioxidant Blend" and is manufactured by Oregon-based Townsend Farms. Authorities say that pomegranates used in the fruit mix are a likely source of the hepatitis virus.

Heptatitis A is a highly contagious liver infection which is frequently spread by food containing small amounts of contaminated feces. The strain of the virus found in the berry mix is most commonly associated with the Middle East and North Africa, which is why authorities suspect that Turkish-processed pomegranate seeds are what tainted the frozen fruit mix.

]]> As with many consumer recalls, this particular incident also involves multiple brands manufactured in the same facility. Authorities say that Harris Teeter stores sold the product under its private label. Some lots of Harris Teeter Organic Antioxidant Berry Blend have also been recalled.

CBS News reports that almost a dozen people have been hospitalized and that the people sickened range from age 2 to 71. The investigation into the outbreak is ongoing and it is unclear whether the contaminated product was sold at more stores.

Source: CBS News, "15 more Hepatitis A cases linked to frozen fruit from Towsend Farms," June 5, 2013

Feds Seek to Reclassify Tanning Beds As Dangerous Medical Devices

2013-05-30T10:14:32Z

Tanning beds have been linked to increased cancer risks and should be labeled as potentially dangerous medical devices according to a report issued by the U.S. Food and Drug Administration. The FDA recently proposed changes in how it regulates tanning beds using ultraviolet sun lamps.

"The proposals are to enhance oversight of these devices, and to require labeling to include a recommendation designed to warn young people under the age of 18 not to use these devices," the FDA announced.

]]> The restriction for younger users comes after studies showing that exposure to UV tanning lamps has a cumulative effect and that individuals who tan at a younger age are at a disproportionately high risk of developing cancer.

Under the new guidelines tanning lamp devices would be reclassified from Class I devices to Class II devices, which have more regulatory control. This change would have to undergo a premarket review for their safety.

"We believe the reclassification will not only strengthen oversight of sunlamp products, but also will ensure that consumers are better informed about and protected from this sort of exposure," said FDA medical device expert Neil Ogden.

Research has linked tanning to an increased risk of developing melanoma, the most deadly type of skin cancer.

St. Louis Ranks As 8th Most Dangerous City for Mailmen

2013-05-23T16:41:35Z

The U.S. Postal Service recently released a list of the most dangerous cities for mailmen. Although the dog chasing a postman is a longtime cliché, the USPS says that it considers vicious dogs to be a "serious threat" to its employees.

St. Louis, Missouri, is the 8th most dangerous city for postal employees. That city saw 32 dog attacks on postmen in 2012. Wichita, Kansas, rounded out the top 15 with 20 attacks on mail carriers last year.

]]> The most dangerous city for mailmen was Los Angeles, with 69 attacks last year.

According to the American Veterinary Medicine Association, dog attacks account for 5 percent of all emergency room visits with more than 4.5 million people bitten annually.

Letter carriers are the third most likely group to suffer a dog bite behind children and the elderly. Children account for the majority of dog mauling victims. The USPS estimates that children are 900 times more likely to be bitten than a mailman.

In order to mitigate the risk of a dog attack, USPS recommends that dog owners socialize their pets and consider obedience training. Homes and neighborhoods with vicious dog issues run the risk of discontinued mail service.

Migraine Medicine Linked to Birth Defects

2013-05-22T16:19:33Z

A popular migraine medicine has been linked to lowered IQs in children. Officials from the U.S. Food and Drug Administration have warned women that the drug Depakote has been shown to have adverse risks for the children of women who take the drug while pregnant.

The FDA has moved the drug from its Category D classification to Cateory X. This means that federal officials believe that the risks associated with taking Depakote now outweigh the risks. It is unclear where any pharmaceutical product liability litigation will arise out of this case.

]]> Officials say that although Depakote has been shown to effectively treat chronic headaches, the sodium valproate contained in the drug does pose a serious birth defect risk.

"If someone is on this med and thinking about getting pregnant, they should really talk beforehand to see if there is some safer alternative for them," one doctor said.

Depakote is also commonly taken to prevent seizures. Side effects of Depakote may include liver damage, pancreatitis, low fever, dark urine, and jaundice.

Source: KMSP TV, "FDA warns migraine medicine Depakote may lower child's IQ," Bill Keller, May 7, 2013.

Merck Faces Litigation Over Osteoporosis Drug Fosamax

2013-04-23T22:58:55Z

According to a new lawsuit against Merck, the drug manufacturer's popular Fosamax product is dangerously defective. A woman is suing the company claiming that she suffered serious fracture injuries involving her femur after receiving a Fosamax prescription to treat osteoporosis.

Fosamax is a bisphosphonate drug that Merck markets as a treatment for bone diseases. It works by reducing the body's "bone turnover" rate. However, according to this lawsuit and some medical research, Fosamax also allows the body to keep mineralizing old bones. Because the drug inhibits turnover while simultaneously boosting mineralization, it allegedly makes bones more brittle and vulnerable to breaks and fractures.

]]> This combination puts patients at serious risk of suffering broken bones and other severe complications - indicating that Fosamax may be a defective drug.

Various studies also show that Fosamax has long-term effects on patients. One of these studies found that people who took Fosamax still showed signs of inhibited bone turnover as long as five years after they stopped taking the drug. Merck's own internal studies allegedly found similar results.

Despite clinical trials and studies in recent years that consistently found a dangerous combination of serious side effects and exaggerated benefits from bisphosphonates like Fosamax, Merck continued to aggressively promote its drug as an effective medication.

While many drugs have potentially dangerous side effects, this lawsuit claims that Merck is deliberately concealing its knowledge of problems with Fosamax. Instead of explaining these serious complications to doctors to help protect patients who would not benefit from the drug, Merck allegedly is hiding these risks to maintain sales and profit margins.

Drug companies have an obligation to make sure that their pharmaceutical products are free of dangerous defects. Side effects may exist - but the drug manufacturer needs to own up to these problems and disclose what it knows so that doctors have enough information to make safe recommendations.

Source: Beverly Wilke v. MERCK, SHARP & DOHME, CORP., fka Merck & Co., Inc., 2013 WL 419729 (E.D.Mo.) (Trial Pleading)

A Tipping Point: New FDA Actions On All-Metal Hip Implants

2013-04-18T22:46:28Z

After thousands of patients have suffered serious injuries and complications from metal-on-metal hip replacement devices, the U.S. Food and Drug Administration appears to be on the verge of intervening. Two recent developments indicate that the FDA will be acting to protect patients from devices made by DePuy Orthopedics, Stryker, Zimmer and other companies.

Both of these developments occurred on Jan. 17, 2013. First, the FDA issued a safety communication to orthopedic surgeons, health care providers and patients. The safety communication warns that metal-on-metal hip implants involve "unique risks." Most significantly, the metal components can shed particles and ions into the body - causing medical problems throughout the body. While experts do not fully understand all of these risks, many patients have suffered bone and soft tissue damage.

]]> The implications of this first action are significant: The FDA is explicitly recognizing that metal-on-metal hip implants are much more dangerous than traditional designs that use ceramic or plastic components.

The FDA's second action has even more importance for the future of metal-on-metal implants. The agency issued a proposed order that would require all metal-on-metal implant manufacturers to prove that their devices are safe. If the FDA enacts this rule, manufacturers would have just 90 days to provide data proving that an implant is sufficiently safe. Companies that fail this test will have to stop selling their defective medical devices immediately.

This proposed rule is in a 90-day comment period. After that period ends, the FDA will review comments from interested parties - including, no doubt, the medical device manufacturers themselves. The administrative review period can take up to a year.

While this proposed order will take some time to navigate the administrative rulemaking process, it is a significant step toward greater patient safety. Thus far, many of the metal-on-metal implants received FDA approval under a fast-track provision. This provision, known as the 510(k) pathway, allowed companies like DePuy to start selling their products in the United States without completing extensive clinical testing. Those tests could have revealed the significant problems that have harmed thousands of Americans.

The combination of these FDA actions suggests that the manufacturers of these defective devices will no longer be able to profit from selling dangerous hip replacement products. Injured patients can also hold manufacturers accountable by pursuing a product liability claim with the help of an experienced law firm.

Source: FDA Metal-on-Metal Hip Implants, "FDA Activities," Jan. 17, 2013

Study shows increasing death rates at rural hospitals

2013-04-14T01:22:00Z

A recent study published in the Journal of the American Medical Association questions the level of care that patients in rural hospitals are receiving. The study added to a growing body of research which indicates that patients receiving care in rural hospitals are more likely to die than patients at urban hospitals.

So-called "critical-access" hospitals are heavily subsidized by the government because they serve rural populations. It appears that despite this funding these hospitals are still unable to keep up with new technologies and best practices that can improve patient outcomes.

]]> "This carved-out group of hospitals seems to be falling further and further behind," one researcher said.

Researchers say that the death rate at urban and rural hospitals was the same in 2002 but has diverged significantly since then. Rural hospitals saw a steady increase in mortality rates for patients with heart attacks, heart failure and pneumonia. Patient deaths for these same ailments have decreased at other hospitals.

It is unclear whether rural hospitals also see higher rates of medical malpractice than urban hospitals.

"As we have more advanced treatments, it's harder for rural hospital to keep up," one researcher said. "It's hard to provide care for really, really sick patients in a resource-limited setting."

Source: The Lincoln Journal Star, "Death rates rise at geographically isolated hospitals, study finds," Jordan Rau, April 7, 2013

Worker's amputation leads to federal fines for manufacturer

2013-03-31T18:51:50Z

Federal officials have cited an Illinois-based manufacturer after a worker was amputated at a Sullivan, Illinois, manufacturing plant. OSHA officials proposed $93,500 in fines against Agri-Fab Inc.

The company manufactures attachments for the lawn and garden industry. Products include lawn sweepers, spreaders and snow throwers.

]]> The manufacturer allegedly failed to train its workers in proper lockout/tagout procedures. These are important to prevent workers being injured by machines that unexpectedly become energized during maintenance operations. OSHA says that the company was fined for similar workplace safety violations last year.

"Agri-Fab has a responsibility to recognize the hazards that exist in its workplace and ensure employees are properly trained in the safe operation and maintenance of equipment they are required to use," said Tom Bielema, OSHA's area director in Peoria. "Employers who are cited for repeat violations demonstrate a lack of commitment to employee safety and health."

Manufacturing amputation injuries are typically covered under workers' compensation laws, but employees can sometimes file so-called "third-party lawsuits" against the manufacturers of dangerous equipment.

Source: OSHA, "US Labor Department's OSHA cites Agri-Fab for 3 repeat safety violations at Sullivan, Ill., manufacturing plant after worker suffers amputation injury," Rhonda Burke, Region 5 News Release: 13-378-CHI

Humphrey Farrington Lawyers Honored as Legal Champions by Missouri Lawyers Weekly

2013-03-30T02:30:54Z

Trial lawyers Daniel Thomas and Jonathan Soper were recently honored during the 2013 Missouri Lawyers Awards for winning a landmark "bullycide" case against a Missouri school district that allowed one of its students to be bullied.

The attorneys were named "Legal Champions" by Missouri Lawyers Weekly after taking on the Blue Springs School District for allowing 12-year-old Brandon Myers to be bullied by his peers. The boy hanged himself after relentless harassment from his classmates over his cleft palate and speech problems.

"It was a very difficult case," said Danny Thomas, a partner at the Independence law firm of Humphrey, Farrington & McClain. "Up until recently, I would say it's probably one of the most difficult cases of my career."

Although the financial portion of the settlement is confidential, this was the largest bullycide case settlement in the history of the country. Brandon's family hopes this case encourages schools across the country to be more proactive in addressing bullying.

]]> As part of the settlement, the school district established a bullying awareness day. It has also been reported that the school district will soon announce a $20 million safety program. One of the bullies' parents also wrote a letter of apology for condoning the harassment.

The Blue Springs School District will also train its staff on how to properly deal with bullying. Brandon's parents encouraged him to tell school officials about the bullying and a teacher responded by telling Brandon to "stop being a tattletale." Brandon's parents say that this rebuke made their son feel helpless and was a factor in his eventual suicide.

This is one of many recent high-profile victories for the attorneys at Humphrey, Farrington & McClain. The firm has developed a reputation for its aggressive litigation strategy and taking cases that other law firms refuse.

"These are very difficult lawsuits to take all the way to the courthouse steps. And that's what makes it landmark," Danny Thomas said, adding that the school district refused to settle until the eve of the trial.

Both Danny and his associate Jonathan Soper are parents, which is one reason why they became so heavily invested in the case.

"We always say we're not supposed to get emotionally involved in our cases, and to an extent we try not to, but this one was personal," Jonathan Soper said. "My first child was born during this case, and I felt a connection this family and to Brandon."

Both Thomas and Soper are graduates of the University of Missouri-Kansas City School of Law and exclusively litigate cases involving catastrophic injuries and wrongful death. Since 1984, the legal team at Humphrey, Farrington & McClain has recovered more than $1 billion on behalf of their clients and routinely achieves some of the largest jury verdicts and settlements in the country.

KU Fraternity Sued After Student Suffers Brain Injury

2013-03-22T00:22:49Z

An injured University of Kansas student is suing his fraternity for its underage alcohol policies. The KU student said that he and frat brothers at Sigma Phi Epsilon were provided with unlimited access to alcohol at a fraternity party in 2011. The Associated Press reports that the 20-year-old student suffered a severe brain injury the evening of the party when two of his fraternity brothers allegedly assaulted him.

The student claims that he now has cognitive injuries and lost his sense of smell due to the closed head trauma. It is unclear whether he is still in school or whether his injury has prevented him from completing his degree.

The Huffington Post reports that the student was attacked by two of his fraternity brothers in his own room after the party. It is unclear whether the cause of the attack was a prank, but apparently the student was placed in a headlock and rammed against a concrete wall.

]]> Neither the fraternity's national office nor the fraternity's KU division would issue a comment on the litigation. The fraternity has been in trouble at many campuses across the country in recent years. Many in the incidents involve hazing and members breaking university policies.

Fraternities have been held liable in the past for the actions of individual chapter members. A fraternity is more likely to be held liable for the actions of individual students when it can be shown that the fraternity allowed a pattern of dangerous or illegal behavior to continue among its members.

Source: Kansas City Star, "Injured KU student sues fraternity for allowing underage drinking," Mar. 20, 2012

Pennsylvania boy dies after being bullied, beaten, at school

2013-03-06T18:33:52Z

A 12-year-old Pennsylvania boy has died after sustaining injuries in a January attack by bullies at his school. The Darby Township School student started suffering seizures after sustaining a concussion and broken nose in a fight with bullies.

"I would like to see these kids punished," the boy's grandmother told NBC News. "Something has to be done. I don't know what's taking them so long."

Some news reports indicate that the bullies were only suspended for two days for jumping the boy.

There is some debate as to whether the bullies are ultimately responsible for the boy's wrongful death or whether the boy died due to lapses in hospital procedure. It appears that the boy developed hospital-acquired pneumonia and necessitated a blood transfusion, and that this may have lead to his death.

]]> Pneumonia is a common disease that can be caused by a variety of germs. Acquiring pneumonia in a hospital setting tends to be more serious however because the types of germs present in hospital are stronger than average and patients who are in a hospital are typically less able to fight off severe infections.

The risk of acquiring pneumonia from hospital employees is great, which is why hand- washing, gowns, and other sanitation measures are vital.

Source: The Huffington Post, "Bailey O'Neill Dead: 12-Year-Old Boy Dies In Coma After Attack," March 4, 2013

Texas DOT formula change proposal may help prevent truck accidents

2013-02-25T23:31:46Z

The roads of Texas are subject to some of the harshest weather found in the nation.

The wear caused by oil trucks and other large commercial vehicles can cause road damage leading to truck accidents and other hazardous situations on the state's roadways.

Oil truckers heading to and from oil and gas sites in the Eagle Ford Shale area may soon have better roads due to proposed changes from the Texas Department of Transportation.

According to the Laredo Sun, a proposal by State Representative Tracy King would expand the number of projects and amount of funding available to the TxDot in areas where heavy commercial truck use is commonplace. This could lead to safer roads and promote further development in the Eagle Ford Shale industry. King believes that the current formula for allocation is outdated and needs to change to keep up with the development of that region.

]]> What this could mean for oil field truck drivers and motorists

The proposal would address areas such as narrow areas on Highway 83, where numerous accidents have occurred, and sections of the roadways of Webb County, where large numbers of commercial vehicles regularly make use of the roads. Residents of Laredo, Texas, where trucking was already heavy before recent increases in traffic out of the Eagle Ford Shale Area due to oil tucks, may see increased road maintenance.

The Federal Motor Carrier Safety Administration reports there were more than 5 million large truck drivers on the roadways of the country in 2010. Increased commercial traffic in some areas could result in extensive damage to roadways where maintenance is not scheduled or equipped in order to meet rising commercial needs. King hopes to bring the measure before other legislators to build the support to get increased funding and project allocation for roads handling increased commercial traffic from the Eagle Ford Shale area.

The Legal Implications of the JJ's Restaurant Gas Explosion

2013-02-20T15:54:30Z

Cadaver dogs are still sifting throughout the rubble this morning after a gas explosion tore through JJ's Restaurant in Country Club Plaza. Authorities said that the explosion happened around 6 p.m. last night and injured over a dozen people.

"Our main concern right now is that we have a missing individual whose family is very much in anguish about that," Mayor Sly James told NBC News.

There are some indications that a contractor was working underground and struck an underground gas line.

One question that naturally arises after the search and rescue operations are over is "who is responsible for this?"

Gas explosions are often covered under a subset of personal injury law called "premises liability." Generally, property owners are required to make sure that invitees to their land are safe from hazards, and this standard is often higher for business invitees such as restaurant patrons.

]]>

In this case if a contractor is truly to blame for the gas explosion, it is likely that contractor or its insurer who will bear the brunt of the financial responsibility of this explosion.

There are also cases where a building owner can be held liable for similar disasters if it can be shown that the owner was negligent in hiring a contractor that lacked the proper licenses or had a history of unsafe construction practices.

Witnesses told KSHB-TV that there was a smell of gas for about an hour before the explosion. The explosion also damaged several nearby buildings, including causing a wall collapse at a building next to the restaurant. Cleaning crews are working to remove most of the rubble before the upcoming winter storm.

"There will be scattered damage throughout the immediate vicinity of the incident," Mayor Sly James said.

Source: NBC News, "Cadaver dogs search Kansas City restaurant rubble after massive explosion," Feb. 20, 2013

LeAnn Rimes sues her dentist for medical malpractice

2013-02-17T21:43:43Z

Country superstar LeAnn Rimes has sued her former dentist for medical malpractice. The singer alleges that she had multiple dental procedures over a three year period and that the dentist botched her operations, causing her severe pain.

In addition to experiencing bleeding and swelling, the singer says that she has had to endure 9 root canals and bone grafting procedures.

"I feel like I got hit in my right side of my face with a baseball bat," the star tweeted, complaining of her surgical procedures.

Rimes says that she will have permanent cosmetic damage from her botched dental services and that her career has been hurt as a result. TMZ reports that the star is seeking damages from emotional and physical pain, as well as lost wages.

]]> Dental malpractice is a common occurrence and can result in a variety of painful outcomes. In addition to experiencing pain, victims of dental malpractice often end up missing work and having to undergo costly corrective surgeries. Some patients are also exposed to infections and other complications as a result of dental malpractice.

The 30-year-old country star has been well known since the age of 13 when she released a number-one country album. Since that time, she has sold around 37 million records worldwide. LeAnn Rimes has also received considerable tabloid attention due to her changing weight and for dating Eddie Cibirian, an actor who was then married to Brandi Glanville, a star of The Real Housewives of Beverly Hills.

Source: The Mail Online, "Not about to grin and bear it! LeAnn Rimes sues her dentist for damaging her career with botched tooth work," Iona Kirby, Feb. 14, 2013

Parents bring lawsuits after SSRI suicides

2013-02-13T18:23:50Z

Kansas City parents with severely depressed teens face a variety of tough decisions, including whether to medicate their children for emotional disorders. Many medications may help alleviate symptoms of depression in teens and young adults, but some antidepressants can also increase the risk of suicide when given to individuals under the age of 24.

One class of antidepressants known as selective serotonin reuptake inhibitors (SSRIs) has been shown to be minimally effective in children and young adults while greatly increasing the risk that patients will become suicidal.

The risk of suicidal ideations and behavior has been well-documented in SSRI patients. Clinical trial data indicates that the risk of suicidal behavior is highest in the first month of an SSRI prescription. One 2004 British study found that a patient's initial exposure to SSRIs led to a risk of fatal and nonfatal suicidal behaviors that was significantly higher than in patients who had taken the drugs for at least 90 days.

Many Kansas and Missouri SSRI lawsuits are brought against pharmaceutical companies under a "failure to warn" theory of product liability law. Failure to warn lawsuits claim that a drugmaker has a duty to disclose the known side effects of powerful pharmaceuticals so that doctors and patients can make informed decisions regarding whether to take the medications.

]]> One challenge in an SSRI failure to warn lawsuit is the fact that a drugmaker's duty to warn often extends only to a physician. Therefore, many patients are barred from recovering from their SSRI-related injuries if a drugmaker can show that a doctor ignored instructions or warnings sent with SSRIs.

Another large challenge in SSRI cases is proving that the drugmaker's failure to warn of a drug's dangers actually resulted in a patient's harm. Patients taking antidepressants are statistically more likely to commit suicide. It is also difficult to prove that a doctor would not have prescribed an SSRI even if the full effects of the drug were known to the doctor.

Ultimately, the ability of a patient to recover in an SSRI product liability lawsuit depends on the particular facts of the case and the caliber of the product liability firm bringing the lawsuit. The most experienced product liability attorneys often base their cases on extensive scientific data that show whether a drugmaker adequately warned physicians of the risks associated with an SSRI and the growing numbers of clinical studies indicating that SSRIs may be wholly ineffective on teen patients.

Source: Toxic Torts Practice Guide, "Pharmaceutical torts: how have the courts decided SSRI suicidality claims?" James T. O'Reilly, 1 Toxic Torts Prac. Guide § 5:7 (2012)