November 21, 2009

FDA Contaminant Warning for Genzyme Drug Products

Five months after discovery of a virus in one of its medical manufacturing plants, the Maine pharmaceutical company Genzyme faces another set of contamination problems and further potential injury for unsafe drug products on market.

Foreign particles including bits of steel, non-latex rubber, and fiber have been identified in five Genzyme drug products used to treat rare genetic disorders. Two affected drugs - Cerezyme and Fabrazyme - have had their production reduced after the viral contamination was detected in its Allston Landing plant this June.

FDA officials suggest potential serious drug contaminant injury could include blood vessel blockages and life-threatening allergic reactions, though no such adverse events have been reported.

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Posted by Jim Higgins | | Email This Post

Posted In: Defective Drugs

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November 14, 2009

Asbestos Lawsuit News
Military Defense Contractor Faces Class Action Lawsuit

KBR, formerly Kellogg, Brown, and Root and previously a subsidiary of Halliburton, faces injury lawsuits filed by both military and civilian personnel for burning toxic waste, including asbestos, as a cost-saving means of avoiding proper toxic waste disposal. Since 2003, toxic waste was burned in open-air burn pits that produced thick palls of chemically fetid smoke that, according to the class action lawsuit, endangered or caused long-lasting health problems in a minimum of 100,000 people. (See last month’s TN Injury Law Blog asbestos posting for a local lawsuit involving asbestos exposure through illegal disposal.)

Injuries from the illegal burning include chronic asthma, kidney disease, and cancer. Though various toxic chemicals were burned, including lithium batteries, human corpses, paints and solvents, medical supplies, and plastic water bottles, perhaps most alarming in my view as an asbestos lawyer was the quantities of asbestos insulation thrown into the pyres and reports of lung injury. Burning plastic releases dioxins, a known carcinogen. Asbestos inhalation, of course, is a major cause of mesothelioma.

Also alarming is the report that the burn pits are still in operation at Joint Base Balad (formerly Balad Air Base), the largest base in Iraq.

These KBR-operated burn pits were frequently located near soldiers’ and contractors’ quarters and were so thick that visibility through the multi-colored smoke was reduced to only a few meters. Smoke was so bad in some instances that it interfered with our troops’ military mission, compromising base security.

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Military Defense Contractor Faces Class Action Lawsuit" »

Posted by Jim Higgins | | Email This Post

Posted In: Asbestos Injury, Personal Injury

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November 12, 2009

Memphis, Tennessee Area Nursing Homes well below national standard

According to the Centers for Medicare and Medicaid Services, as outlined in a recent article in Memphis’ Commercial Appeal, nearly half of the nursing homes in Shelby County, Tennessee scored well below average. Of the 31 nursing homes in the County, 15 received scores of 1-2 stars out of a possible 5 stars.

The most common errors bringing the scores down included, but were certainly not limited to, medication errors, mislabeled medications, understaffing, improper use of physical restraints, and unnecessary use of catheters. Shortcomings in these areas can lead to drastic results for nursing home residents. Sadly, nursing home neglect is easly avoidable.

According to the area’s long-term care ombudsman, Sandy Smegelsky, who is an advocate for nursing home patients and their families, the lack of quality nurses is a major issue and contributing factor to the low scores in the area. The lack of a sufficiently sized, trained and dedicated nursing staff makes it almost impossible for a nursing home to provide the kind of quality care that nursing home residents deserve. Naturally, if the facility is understaffed and the staff that is available has to work beyond what should be expected, that can lead to the errors in medication and treatment that lower the overall scores for the facilities.

Abuse and neglect are the natural result of systematic problems within nursing homes. The lack of adequate staff, poorly trained and/or supervised staff, and overworked staff all contribute to an environment where care and treatment of the elderly is jeopardized.

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Posted by Jim Higgins | | Email This Post

Posted In: Nursing Home Neglect

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November 2, 2009

Recent Tennessee Workers Comp Trial

http://www.hhpfirm.com/lawyer-attorney-1053037.htmlLast week a had a workmen's compensation trial in Nashville, TN. The issue was whether or not my client was an employee or independent contractor. Unfortunately this is an issue that i am seeing more often throughout Tennessee.

The basics of my case involved a worker who was employed as a cleaning lady. She was told by her boss where to be, what to do and how to do it. Her employer had significant control over the working relationship. However, when my client began working for the company they had her sign several papers including a paper that said she was an independent contractor. My client had no idea that by signing this paper she was potentially giving up rights to overtime pay, workers compensation benefits and other employment benefits. Subsequently she fell from a ladder at work and sustained a fractured leg which required extensive surgery. Her benefits were denied under the TN work comp system and she was left with thousands of dollars in medical bills and no pay to support her family. This was all denied because she signed the independent contractor agreement.

Fortunately at trial we were able to prove that just because the employer calls you an "independent contractor" it doesn't mean that you are one. The law allows the court to view the working relationship as a whole. After doing so in our case the court agreed that my client was an employee and she was able to get all her benefits. It is just unfortunate that she had to go through this entire situation because her employer attempted to escape the work compensation system.

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Posted by Jim Higgins | | Email This Post

Posted In: Workers Compensation

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