RECALL: PediaCare Children’s Products
May 30th, 2010
The FDA and Blacksmith brands have recalled four PediaCare products because they were manufactured by McNeil Consumer Healthcare, in the plant that made the now-recalled children’s liquid Tylenol, Motrin, Benadryl, and Zyrtec. Recent FDA inspections found serious problems within the plant, and this current recall was issued as a safety precaution.
The specific items recalled are:
- PediaCare Multi-Symptom Cold 4oz. UPC # 3 0045-0556-05 9
- PediaCare Long Acting Cough 4oz. UPC# 3 0045-0465-04 7
- PediaCare Decongestant 4oz. UPC# 3 0045-0554-04 8
- PediaCare Allergy and Cold 4oz. UPC# 3 0045-0552-04 4
Consumers who have these products are advised to stop using them.
For more information, including phone numbers to call with questions, see the FDA announcement (http://www.fda.gov/Safety/Recalls/ucm214005.htm) or the Blacksmith announcement page.
Horrific Treatment in a New York City Nursing Home
May 28th, 2010
The nursing home worker didn’t know the camera was rolling as she jerked the wheelchair out from under her elderly patient, causing the woman to break her hip in the fall.
According to a special report by CBS 2HD, the incident happened at the William Benenson Rehabilitation Pavilion in Queens, New York. The accused nurse, Jessie Joiner, appeared in court this week to defend herself against what appear to be black-and-white allegations–not only does the video evidence clearly show the patient being dumped on the ground, nurse Joiner ignores the woman, who was writhing in pain, for three minutes until another employee arrives on the scene.
To learn more about this frightening story of alleged abuse, check out the WCBStv site: NYC Nursing Home Horror story. You can even watch the video there (top right part of the screen, to the right of the story column).
This story and video makes us feel a bit sick. HensonFuerst nursing home abuse lawyers take pride in helping to protect vulnerable elderly people. We have fought to make nursing home facilities take responsibility for abuses by their staff, and we take every report of abuse or neglect seriously. We hope that justice prevails in this NYC case, and that other workers realize that bad deeds will eventually get brought to court… and that they never know when a camera is watching!
Fayetteville Student Scores Big with Bicycle Safety Video
May 27th, 2010
Promoting safety starts with good communication, a little creativity, and a video camera. Terrell Grice, a junior at Douglas Byrd High School, proved just that when he won the HensonFuerst Video Public Service Announcement (PSA) Contest, which challenged area teens to produce videos about cycling safety.
“I wanted to show how commonly used excuses for improper bicycle riding can cause detrimental or dangerous results,” said Terrell, who hopes to attend New York Film Academy and pursue a career in filmmaking. “No matter how good an excuse is, it’s not going to keep you safe.”
“We’ve taken an active role in bicycle safety because we know how important it is,” said attorney David Henson. “But it’s so powerful when creative people like Terrell take the lead in getting the word out. All this year’s contestants should be applauded for their efforts.”
During a ceremony at Douglas Byrd High School on May 26, several members of HensonFuerst Law Firm presented Terrell with his prize, which included an Apple MacBook with professional movie-making software and local television placement of his PSA that will air in late May. A $500 donation also was given to Douglas Byrd High School.
“I work with a student film group called The TAG Crew, and we will use the new laptop to create music videos, public service announcements, educational bits, and more!” Terrell explained. “This new laptop will lift a great weight off of my shoulders.”
The contest resulted in many outstanding entries, and the firm included two honorable mention prizes for Jordan Adams of the Durham School of the Arts, and Frank Brechbiel of Sanderson High School. They each received $75 for their entries. Additionally, students who didn’t place in the contest each received $25 for their time and hard work.
Last year’s winner, Clay Allsopp, hasn’t rested since receiving his $1,500 prize. He invested his prize into creating iPhone apps, one of which has been named as one of the “Top 50 Family Games” and has been downloaded more than 100,000 times.
Watch all of the PSAs by visiting the HensonFuerst website at www.lawmed.com/contest.
North Carolina woman involved in several accidents
May 27th, 2010
A Rocky Mount woman driving a Dodge Charger along I-40 in North Carolina was involved in several accidents.
According to Star News Online, the driver of the Charger was charged with driving while impaired, hit and run, two counts of reckless driving and two counts of driving without a license.
One of the accidents closed the westbound lane of I-40 for about two hours.
What concerns do you have about North Carolina drunk drivers? What consequences do you think someone should face if charged with driving under the influence in North Carolina?
If you or someone you know has been involved in a North Carolina auto accident, the North Carolina auto accident lawyers at HensonFuerst Attorneys can help.
Weight Loss Drug May Cause Severe Liver Injury
May 26th, 2010
The weight loss drug orlistat is sold over-the-counter under the brand name Alli, and by prescription under the brand name Xenical. Today, the FDA announced a label change to inform consumers that taking these medications can, in rare instances, cause severe liver injury.
This is quite a different story from the relatively benign side effects reported when the drug was first approved. Back then, the “worst” side effects were flatulence and an inability to control stool, also known as incontinence. (from MedicineNet)
According to the FDA’s review, there have been dozens of cases of serious liver injury, and at least 6 cases of liver failure associated with use of either Xenical or Alli. Two patients died from liver failure, and three required liver transplantation.
The FDA is reluctant to say that the drug definitely caused these cases, saying that other factors might be involved… but these injuries were reported as “adverse events” that happened to people after they took orlistat.
WHAT YOU SHOULD DO
If you are taking orlistat, talk to your doctor about what the new labeling means for you. If you experience any of the signs or symptoms of liver injury, stop taking the drug and contact your doctor immediately. These include:
- yellow eyes or skin
- dark urine
- light-colored stools
- loss of appetite
If you have any side effect of taking Xenical or Alli, you can report them to the FDA by calling 1-800-FDA-1088, or by visiting http://www.FDA.gov/medwatch (and click on “How to Report).
Click here to read more: FAQs about Orlistat.
If you believe that you have developed liver injury as a result of taking Xenical or Alli, seek medical attention immediately. If you want to explore your legal options, don’t hesitate to call the lawyers of HensonFuerst. If you have questions, HensonFuerst has answers.
Inherent Unfairness of “Contributory Negligence”
May 25th, 2010
If you are ever in a car wreck, there are three things we all expect to happen:
- That law enforcement and emergency services will arrive on the scene quickly;
- That you will receive the medical care you need to recover as fully as possible; and
- That the justice system will treat you fairly when it comes to recovering damages.
In 46 states, those expectations are likely to be met. But not in our state. North Carolina maintains an antiquated and inherently unfair law (held over from old common law doctrine from England) called “contributory negligence.”
Contributory Negligence, or “Contrib” means that if you are in a car wreck, you must be completely free from fault in order to be able to make any recovery in a personal injury case. If the person who hit your car was 99% at fault–driving drunk, without a license, while texting–you cannot win a court case if you were even 1% at fault. You’ll get zip, zilch, nada. And it is extremely difficult to prove 100% of anything.
Most other states follow the law of “Comparative Fault,” which allows people to recover damages from those most responsible for causing a wreck. In the case of the texting drunk driver without a license, that person would easily be found to be responsible… and you would be able to recover damages.
LEARN MORE…ACT FOR FAIRNESS
Currently, there is a bill pending in the North Carolina legislature designed to change our system to a Comparative Fault system. The bipartisan House Bill HB 813 aims to move North Carolina into a modern era of fairness. But insurance lobbyists are trying to stop this change by distorting the facts. They say that premiums will go up… but that’s not what has been found in the 46 states that already have Comparative Fault–their insurance rates actually slow down. The insurance lobbyists are resorting to shameful scare tactics.
HensonFuerst encourages you to visit http://www.fairjusticenc.com/ to learn more.
Ask your representatives to support fairness by supporting HB 813. Ask them to be strong and to stand up against the lobbyists. Click here for a list of North Carolina representatives.
Events to honor Florence Soltys, advocate for aged
May 25th, 2010
From the Raleigh News & Observer:
Florence Soltys, a pioneer of the aging movement in North Carolina and the nation, will be remembered Thursday by the renaming of an Orange County adult day health center in her honor.
Soltys died in September 2007 after many years of a multitiered career that included social work, nursing, hospice care and occupational and physical therapy. From 4 to 6 p.m. Thursday, the Orange County Department on Aging will hold a reception to mark the name change at the day health center, at 515 Meadowland Drive.
In addition, a scholarship fund is being set up that will meet Soltys’ wish “that everyone, regardless of ability to pay, will be able to attend our program if they need adult day health to stay at home,” said Jack Chestnut, president of SeniorCare of Orange County, operator of the center.
Back Injuries… Not as Simple as It Seems
May 25th, 2010
All back injuries are not the same. If you have one, you are all too familiar with this statement. Herniations, bulges, fusions, diskectomies, c-spine, l-spine… it can all become confusing. The following does a good job of explaining the difference between and among various spinal conditions and surgeries: Case Study
Prison for Former Nursing Home CEO
May 25th, 2010
Every now and then, a story comes our way that makes us wish we could give out awards. Today, in the category of “It’s a Step in the Right Direction,” the winner is: Milwaukee, Minnesota for giving jail time to Karen Mason. This criminal was CEO, administrator, and part owner of Havenwood Nursing and Rehabilitation Center in Milwaukee, which closed in 2005 after a raid by state and federal regulators. According to Milwaukee Magazine’s NewsBuzz, the regulators discovered that nursing home residents were denied baths and clean sheets, and one resident jumped to his death after staff failed to report his threats of suicide.
Mason pleaded guilty to felony charges of abuse and theft (she was accused of taking more than $1 million that was supposed to be used for patient care), and was sentenced to 15 months in jail. This week, she was sentenced to two years in federal prison for tax evasion.
As a firm that fights daily to see that nursing home residents are treated with care and respect, HensonFuerst is relieved to see justice served. We are certain that this former CEO is not the only nursing home owner to take these types of harmful liberties, and we look forward to the day when the elderly are no longer seen as easy targets for abuse. To read more about nursing home abuse, visit our Nursing Home Abuse web page.
Toyota Sneaks In More Lexus Recalls
May 24th, 2010
At midnight (EDT) on Saturday, May 21, 2010, Toyota announced the recall of nearly 4,000 additional Lexus vehicles. Way to duck the news cycle!
This latest recall affects late 2009 and some 2010 model year Lexus LS 460 and LS 600hL vehicles in the United States. The problem is with the VGRS system (Variable Gear Ratio Steering)–it is possible that the steering wheel could become temporarily off-centered, especially when making a tight U-turn, making quick change-of-direction turns, or when parallel parking the vehicle.
What to do if your steering wheel becomes off-centered
According to the FAQs provided by Toyota (the parent company of Lexus):
“If the driver notices an apparent steering wheel off-center condition when driving straight, he or she should carefully steer the vehicle and not make any sudden maneuvers. Steering should be based on the vehicle direction of travel rather than the steering wheel position. The VGRS will correct the steering wheel off-center condition automatically (approximately 5 seconds).”
Seriously, though–a car that has steering issues after a sharp U-turn? Are there any other kinds of U-turns? FYI, Toyota says that customers will begin receiving notification letters as soon as remedy parts are available.
We’ve said it before, and we’ll say it again: What the heck has been going on with Toyota safety engineers? Several of us at HensonFuerst own Toyota vehicles, and it is beginning to feel like a gamble to drive to work everyday.
We will continue to investigate cases of injury caused by these an other faulty vehicles. If you have been injured in a car wreck, visit our auto page at www.lawmed.com. If you have question, HensonFuerst has answers.