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Malpractice Laws Face Changes and Debate

John Rice — Tue, 20 Feb 2007 11:11:09 GMT

As state lawmakers decide whether to pass medical malpractice caps as a means of tort "reform," the Knox News Business Journal offers a debate between a doctor and an attorney who argue both sides of the issue. Lawyer Sid Gilreath argues for defensive medicine, and I must say that I agree:

I want my doctor to use defensive medicine. I want them to use anything available to make sure they are on the right track. When you are talking about a member of your family, your child, you don't want a doctor taking shortcuts on some diagnostic test. It's just like a recent case where a patient went into the hospital because he had a fall and hurt his neck and they didn't X-ray. The next morning he woke up paralyzed from the neck down. They saved the cost of that X-ray, but the result is catastrophic because that person is paralyzed for the rest of his life.

As we all know, the insurance industry has convinced Doctors that lawsuits are pushing their malpractice insurance premiums to new heights. To their credit, it has been quite a successful campaign. Unfortunately, their assertions just aren't accurate.

Originally posted at InjuryBoard by John Rice

Trucking Accident Injures Man

Christina Cole — Thu, 28 Dec 2006 16:16:45 GMT

A man was taken via Life Flight Helicpoter to Erlanger Hospital this morning after he suffered extensive internal injuries in a truck accident on I-75 North, according to the Chattanooga Police Department spokesman Sgt. Tom Layne.

The name of the man has not yet been released. The driver crashed his 2005 Ford Focus into the back of a big tractor-trailer that was hauling a backhoe about a mile south of Ooltewah exit.

"He apparently was unable to see or avoid the tractor-trailer for some reason," Sgt. Layne said, explaining that investigators have not determined the cause of the accident.
After hitting the truck, the driver of the Focus skidded about 30 feet over to the side of the road. He was trapped in the vehicle and had to be extricated, Sgt. Layne said.

According to Sgt. Layne, the driver remains in critical condition.

Originally posted at InjuryBoard by Christina Cole

High School Volleyball Coach Killed In Chattanooga Crash

Chrissie Cole — Wed, 16 Sep 2009 12:28:00 GMT

Police suspect excessive speed and alcohol as contributing factors in a fatal wreck that claimed the life of a Central High School assistant volleyball coach.

The accident happened Wednesday at 3:00 a.m. when Jessica Stoker, 21, was traveling north in Interstate 75 near the I24 interchange when she lost control of her vehicle, said Sgt. Jerri Weary, police spokeswoman.

Stoker was ejected from the vehicle, Sgt. Weary said. She was transported to Erlanger Hospital where she was pronounced dead.

Alcohol-related car crashes kill someone every 30 minutes and injure someone every two minutes. In 2008, 1,035 people died in alcohol related crashes in the state of Tennessee.

Originally posted at InjuryBoard by Chrissie Cole

Man Charged In Wreck That Killed Three People

Chrissie Cole — Thu, 26 Mar 2009 20:40:00 GMT

A Chattanooga man, 23, is facing numerous charges, including DUI, in a fatal car wreck that claimed the lives of three people.

The crash happened last October on I-24 in Chattanooga.

According to police, the man lost control of his Mustang while speeding down the interstate and veered off the road and struck a tree before coming to rest upside down.

Three of the six people in the vehicle at the time of the crash were killed.

Mario Lopez has been indicted on three counts of vehicular homicide, two counts of reckless aggravated assault, violation of the Driver’s License Law and a DUI.

Originally posted at InjuryBoard by Chrissie Cole

Polaris Industries Inc. Recalls ATVs Due to Risk of Injury to Riders

Jenny Albano — Tue, 04 Mar 2008 19:23:42 GMT

Polaris Industries Inc., in conjunction with the CPSC, is recalling about 11,300 "Outlaw IRS" ATVs, Model Year 2006-2008 due to risk of injury to riders.

A retention bolt can come loose causing the rear wheels to lock up, which poses a risk of serious injury to the rider. The firm has received 11 reports of loss of control, including one rider who suffered a strained leg muscle.

The recalled ATVs include some models of the 2006-2008 Polaris "Outlaw" ATVs with Independent Rear Suspension. The models that are being recalled are:
2006 OUTLAW 500 "IRS", 2007 OUTLAW 500 "IRS", 2007 OUTLAW 525 "IRS", 2008 OUTLAW 525 "IRS"
The model name can be found on decals on either side of the fuel tank.

The ATVs were available at Polaris dealerships across the U.S. from January 2006 to January 2008 and were manufactured in the United States.

Originally posted at InjuryBoard by Jenny Albano

NuCel Labs is Recalling Eye Drops and Eye/Ear Wash Products

Jenny Albano — Thu, 31 Jan 2008 01:40:02 GMT

NuCel Labs, in conjunction with the FDA, is recalling of all Eye Drops and Eye/Ear Wash. The product has been recalled after an FDA inspection found that the product tested positive for bacteria and particulate matter, which deemed these products non-sterile. Non-sterile eye drops pose a risk of causing eye infections for consumers who use them, which in rare cases can lead to blindness.

Products are packaged in 1/4 oz plastic bottles. Eye drops are labeled: Eye Drops Caution: Do Not Use With Implants. Wash is labeled Eye/Ear Wash. All products labeled "Eye Drops Caution: Do Not Use With Implants" or "Eye/Ear Wash" are subject to the recall action. There are no lot numbers or expiration dates on the product. Approximately 500 units of these products have been distributed nationwide through retail outlets and the internet.

So far, NuCel Labs has not received any reports of injury or illness. The company has stopped all production and distribution of the eye drops and eye/ear wash and is cooperating fully with the FDA.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

Nicaraguan Farmworkers Receive Reward from Dole

Jenny Albano — Thu, 08 Nov 2007 23:58:58 GMT

Dole Foods has just been told, by a Los Angeles jury, that they are being held liable for civil punishment for not informing Nicaraguan plantation workers of potential health dangers from a pesticide.

The decision clears the way for punitive damages in addition to the $3.2 million that jurors awarded the workers earlier this week to compensate them for their injuries. The workers alleged they had been rendered sterile by the pesticide DBCP -- now banned in the United States -- which was used on Dole plantations

The six plantation workers involved in the suit also received a total of $754,000form the maker of the pesticide, Dow Chemical. The workers are to return to court on November 14 to begin the hearing for the punitive damages against Dole Foods. The jurors have already labeled the pesticide as a defective product, which may make the punitive damages higher.

So far, courts in Nicaragua have levied over $600 million in damages against Dole and other companies using the pesticide. This verdict has been the first were foreign farmworkers have won in a U.S. court against Dole Foods and Dow Chemical about the DBCP harm. Right now there are four more lawsuits pending in L.A. about health damage due to DBCP. Thousands of workers from Costa Rica, Honduras, Guatemala, and Panama are involved in the suits.

For more information on this subject, please refer to our section on Workplace Injuries and Discrimination.

Originally posted at InjuryBoard by Jenny Albano

Plane Crash in Tennessee Kills 5 Ministers

Jenny Albano — Mon, 03 Sep 2007 22:51:01 GMT

A plane crash the morning of Saturday, September 1 killed all five passengers. The plane crashed in the Cherokee National Forest on Holston Mountain and the crash sight was not discovered for at least eight hours after the accident, when another pilot spotted the wreck. All five passengers were ministers, one was thought to be the pilot of the small plane.

The single-engine Beech Bonanza crashed after leaving the Elizabethton Municipal Airport, officials said. The aircraft had taken off from Hamblen County and landed in Elizabethton to pick up two passengers. It was destined for Virginia Highlands Airport near Abingdon, Va., about 40 miles from Elizabethton.

Rescuers said that the reason it took so long to find the plane crash is because the area is very remote and the trees can disguise the wreckage.

The Jehovah's ministers were all from East Tennessee and were on their way to Abingdon to meet with congregation members to talk about building a new church. The names of the ministers have not been released to the public.

For more information on this subject, please refer to our section on Airlines, Cruises, Buses, and Other Mass Transit Accidents.

Originally posted at InjuryBoard by Jenny Albano

Recall on Robbie Ducky Watering Cans - Lead Paint Contamination

Courtney Mills — Tue, 28 Aug 2007 10:44:09 GMT

The Consumer Product Safety Commission in conjunction with Jo-Ann Stores of Hudson, Ohio, is recalling some 6,000 due to lead paint contamination. According to the CPSC, parts of the watering cans are painted with lead-based paint.

Lead is a heavy metal and can cause serious brain damage to children. Lead is highly toxic and tends to accumulate in the developing brains of children, causing overall reduced I.Q., learning disabilities, and a variety of behavioral problems.

The Robbie Ducky Kids Watering Can is yellow and has an orange beak and is about 10 inches high by 6 inches wide. The children's garden implements were sold at Jo-Ann Fabric and Craft Stores nationwide from February 2007 through August 2007.

All the watering cans were made in China.

For more information on this subject matter, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Courtney Mills

Baxter Expands Recall of Infusion Pump Class 1 Recall

Jenny Albano — Wed, 08 Aug 2007 11:40:43 GMT

Baxter International Inc. has expanded their recall on its Colleague and Flo-Gard infusion pumps to include 986 more devices. The previous recall , which was announced on July 25, included 534 pumps that were recalled due to falsified service records.

The company discovered that some of the devices sent to the Baxter service center may have been sent back to consumers without being serviced. Baxter found falsified repair, test, and inspection data sheets, which included electrical safety data. The employees responsible for the falsified data were fired. The company has decided to expand the recall because the company wants to ensure the safety of their customers.

The recall has been classified as a Class 1 recall because if the infusion pump malfunctions, patients could incur a serious injuries or even death.

A defect may result in over-infusion, under-infusion, failure to detect an upstream or downstream occlusion, electrical shock hazard, failure to detect air in line, and malfunctions where the pump will stop infusing and result in an interruption of therapy.

Affected model numbers include: FLO-GARD Model Numbers 6201 and 6301 Volumetric Infusion pump, Product Codes: 2M8063 and 2M8064; COLLEAGUE Volumetric Infusion pump, Product Codes: 2M8151 and 2M8153; and COLLEAGUE CX Volumetric Infusion pump, Product Codes: 2M8161 and 2M8163.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano