Davenport Personal Injury Lawyer

Company Fined $10 Million For Lead-Tainted Lunch Boxes

Jenny Albano — Thu, 22 May 2008 22:08:22 GMT

T-A Creations Inc. has been fined $10 million for violating California laws on toxic substances. The company sold 100,000 lunchboxes to the state health department that were tainted with lead last year.

T-A Creations was notified in April 2006 that it had sold lead contaminated lunchboxes to a summer camp and the company did not do anything to fix the problem, so the center sued T-A Creations in 2006. The fine will be split, with $2.5 million going to the Center for Environmental Health and $7.5 million going to special state environmental research and enforcement fund.

The order also stops the company from selling soft food and beverage containers, which includes lunchboxes, without warnings for carcinogenic and reproductive harm caused by lead (and lead compounds). The lunchboxes were purchased by the California Department of Health to give away at fairs promoting healthy living.

In September, public health authorities recalled 300,000 green and blue canvas lunchboxes the department had distributed throughout the state since 2004. A spot check by a Sacramento County lab found lead levels in some boxes "significantly above" the state's legal limit of 600 parts per million. At the same time, the Center for Environmental Health was pursuing a lawsuit against T-A Creations and other lunchbox sellers, aimed at reaching agreements to remove lead from their products.

T-A was given many chances to appear in court and they never did. The company was the only one out of around 20 that didn't reach a settlement. Legal experts believe the judgement against T-A Creations was particularly harsh. According to Lana Beckett, publisher of Proposition 65 Clearinghouse, the settlements in 156 cases in 2007 totaled only $13.6 million.

Originally posted at InjuryBoard by Jenny Albano

$38 Million Birth Injury Verdict

Shannon Weidemann — Mon, 10 Mar 2008 22:19:00 GMT

A jury in Connecticut awarded a family $38 Million after deciding a doctor was liable for their child's cerebral palsy. It is believed to be one of the largest medical malpractive verdicts. Cerebral palsy can be a birth injury when a baby goes too long without oxygen. Attorney's for the plantiff argued that the doctor waited far too long to perform a c-section.

"The first baby was born at 3:11 a.m., and a problem was noted with the second one at 3:13. The Caesarean delivery was not completed until 3:38 a.m, about 25 minutes after the problem surfaced," said Ziotas, who gave the closing arguments after a 30-day trial.
The baby was born with cerebral palsy, and is quadriplegic, said Ziotas. "It takes 15 hours a day to feed him, through two types of tubes," he said. "He will require round-the-clock care for the rest of his life."

Stamford Hospital was also named in the lawsuit and was found not liable for the birth injury. The Attorney for the defendant is going to ask the judge to set aside the verdict.

Originally posted at InjuryBoard by Shannon Weidemann

Soldier's Wrongful Death Case Upheld

Shannon Weidemann — Thu, 28 Feb 2008 09:47:35 GMT

A $6.5 Million wrongful death verdict was upheld by the 8th U.S. Circuit Court of Appeals in the death of a soldier. The man died during basic training at Fort Benning by accidental electrocution. The lawsuit was filed against a contractor who was responsible for maintence at the base. He died after leaning against a metal latrine.

An investigation later found the latrine, which was insufficiently grounded, had a faulty circuit breaker and a short in the wiring to a fan. When Marcum "sat down and leaned against the building, he completed the circuit and became the ground," the 11-page U.S. appeals court ruling said.
Marcum's family filed a wrongful death lawsuit against The Shaw Group, a private contractor in charge of maintenance and repairs at Fort Benning.

The company appealed the decision and the case was heard by the Circuit Court. The Judges assigned to the case felt the evidence supported the earlier decision and that the jury was properly instructed in the case.

Originally posted at InjuryBoard by Shannon Weidemann

Slips on Ice Can Lead to Brain Injury

Shannon Weidemann — Thu, 28 Feb 2008 09:27:35 GMT

With winter in full swing in Iowa, snow and icy conditions have lead to an increase in injuries from falls. Emergency rooms are treating more cases than they did last year. Falling and hitting your head puts you at risk of a traumatic brain injury.

According to a Feb. 5 press release posted on the Iowa Department of Public Health Web site, now Iowans, and especially older Iowans, are most susceptible to slips and falls due to winter ice.
"Falls are the most common cause of traumatic brain injuries," IDPH Brain Injury Services coordinator Ben Woodworth said in the release. "We should all prepare ourselves for slippery conditions by knowing what to do to avoid a fall and what to watch for if a fall does happen."
Woodworth said symptoms of a concussion from a fall include "confusion, headache, blurred vision and nausea" and anyone with those symptoms should seek immediate medical attention.

Statistics compiled by the CDC show that falls happen to 33 percent of adults 65 and older. Falls can be reduced by going slow, wearing shoes with a cleats, and clearing ice and snow from walkways. Salt, sand and kitty litter can all help increase traction in the ice and snow.

Originally posted at InjuryBoard by Shannon Weidemann

$3.7 Awarded in Indiana Cerebral Palsy Case

Shannon Weidemann — Thu, 28 Feb 2008 08:40:43 GMT

A child was born in 2001 via c-section and is now suffering from cerebral palsy. Her family believes it was a lack of oxygen during birth and that doctors were too slow in her delivery. A jury in Indiana agreed and awarded them $3.7 Million in the medical malpractice case.

Indiana limits medical malpractice awards, so the judgment on the three claims will be reduced to just under $2 million, said Mike Miller, the family's attorney. Most will be paid by the Indiana Patient's Compensation Fund.
But he hailed the Marion Circuit Court jury's verdict on Monday, one of the largest in recent memory in Central Indiana. Dr. Sally Bradley was assigned the bulk of the damages, with a $500,000 judgment against the hospital.

The girl, who is now 6-years-old, was born not breathing and took 12 minutes to start breathing on her own. In most cases cerebral palsy is caused from a lack of oxygen to the brain. Mental retardation affects 70% of those with cerebral palsy and many need to use walkers, braces, or wheelchairs for mobility.

Originally posted at InjuryBoard by Shannon Weidemann

Car Hits Davenport School Bus

Shannon Weidemann — Thu, 28 Feb 2008 08:21:26 GMT

A school bus from the Davenport public schools was hit by a car. The car & bus accident happened on Tuesday in winter road conditions on West 49th Street near Ditmer Street.

The driver of the car

was driving on a slushy West 49th Street, down a hill and around a curve, when her car slid into oncoming traffic and hit a Davenport school bus head-on. The bus ended up in a nearby snow drift. Black's car rotated counter-clockwise and came to rest in the road.

One student on the bus was injured when she hit her head on a window but did not want to be treated by the paramedics that responded to the scene. The women in the car and her passenger were both injured, taken to a local hospital for treatment and released. The police issued citations to the driver of the car for driving too fast for the road condition and having no insurance.

If you would like to learn more about car accidents, please visit InjuryBoard's Car Accident information page.

Originally posted at InjuryBoard by Shannon Weidemann

Bush Motto Creen Koury & Halligan

Staff Writer — Thu, 13 Dec 2007 15:25:43 GMT

Originally posted at InjuryBoard by Staff Writer

Michael Bush, Attorney at Law

Staff Writer — Thu, 13 Dec 2007 15:24:16 GMT

Originally posted at InjuryBoard by Staff Writer

Disclaimer

Staff Writer — Thu, 13 Dec 2007 15:22:07 GMT

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Originally posted at InjuryBoard by Staff Writer