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Attorneys across the country have been kept busy for some time with personal injury lawsuits concerning damage to shoulder joints blamed on the use of post-surgical pain medication pumps. Similar complaints are now surfacing from patients using pain pumps after knee surgery.

The U.S. Food and Drug Administration (FDA) originally approved the use of pain pumps for recovery from abdominal surgery, such as a hysterectomy. A catheter is implanted at the surgical site, with a tube connected to the pump for delivery of a steady stream of pain killers for the first few days after surgery. The treatment has also been used on the muscle tissue surrounding shoulder and knee surgeries.

Pump Makers Accused of Promoting Unapproved Use

According to reports received by the FDA, problems arose when pain pump manufactures allegedly encouraged the use of the systems directly on shoulder joints, something for which they had not been approved. The result, according to lawsuits filed against makers of pain pumps and the pain killers they deliver, was chondrolysis, the erosion of the cartilage that provides a cushion between the bones of shoulder, knee, and other joints.

The FDA acknowledged that single injections of pain killers into joints after surgery have been used successfully for years, but said there was no research into the effect on joint cartilage of a steady stream of medication.

Loss of Cartilage Results in Extreme Pain

Without protective cartilage, the bones of the joints grind against each other, causing extreme pain. Cases reported to the FDA include some in which joint replacement surgery was required.

While all joints need cartilage, the knee is particularly vulnerable, since it bears so much weight. Damage to one knee can make walking extremely difficult; damage to both can result in confinement to a wheelchair.

If you or someone you know has suffered from chondrolysis after using a pain pump as part of your recovery from knee or shoulder surgery, contact an experienced personal injury attorney. You may be eligible for financial compensation for medical bills, loss of income, and pain and suffering.

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According to insurance carriers, if you've been in an auto accident, you should call them right away, so they can settle your claim quickly. But when you make that call, you may be in for an unpleasant surprise. There are several reasons why an insurer may deny your claim.

Insurance is a business and insurance companies are out to make a profit. The less they pay out in claims, the bigger their profits. Many claims are denied because of mistakes by the policy holder, but don't expect your insurer to help you avoid them.

Inadequate coverage is a common cause of denied claims. Many people try to save on premiums by paying only for liability coverage, which does not cover repairs to the policy holder's car.

Late Payments May Cancel Coverage

If coverage has expired for lack of payment, a claim will be denied. Most companies have a grace period for late payments; after that, there is no coverage.

If someone else is driving your car when an accident happens and your policy doesn't cover that situation, your claim may be denied.

Excessive damage is that which exceeds the limits of your policy. Beyond that, you are responsible for repair costs. If your vehicle requires special repairs, take that into consideration when setting the repair limit of your policy.

New Car Requires New Coverage

If you buy a new car, be sure you know how long you have to add it to your policy. If you wait beyond the specified time and have an accident, you will have no coverage.

Never falsify information on a claim. You may think a little falsehood will save you some time and trouble, but it may only get you a denial, and the trouble of shopping for a new insurer.

If you've been in a traffic accident, call an experienced attorney before you call your insurance carrier. Having an attorney on your side from the start may help you get the settlement you deserve, especially if you have to go to court. Your attorney will also be glad to help you evaluate your needs when choosing your insurance coverage.

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The Accufuser Plus disposable post-operative pain control pump is designed to deliver a steady stream of prescription liquid anesthetic directly to the site of surgery, in order to relieve pain in the first few days after a surgical procedure. It is one of several similar devices that are the subject of numerous personal injury lawsuits claiming permanent damage to shoulder joint cartilage.

According to manufacturer Moog, Inc., of East Aurora, N.Y., use of the Accufuser pain pump is easy, effectively manages pain, increases recovery time, and lowers postsurgical costs. The device delivers anesthetic pain killers through a catheter, which is inserted at the surgical site as the procedure is completed.

Advanced Model Allows Patient to Get Extra Doses

The Accufuser is meant to be used for up to five days after surgery, according to Moog's Web site. It can be used to deliver up to 10 milliliters of pain killer per hour, and allows the patient to self-administer extra doses. The company claims use of the device requires less medication than other delivery methods.

Plaintiffs in lawsuits against Moog claim the steady stream of pain killer delivered by the Accufuser has deteriorated joint cartilage, in some cases requiring joint replacement surgery. They claim Moog was negligent in promoting the device for use after shoulder surgery.

After the U.S. Food and Drug Administration (FDA) received reports of possible shoulder joint damage, the agency ordered Moog and other makers of pain pumps to warn of the possible dangers of the steady stream of pain killer to cartilage tissue.

FDA Says Joint Use Not Covered By Approval

The FDA pointed out that it had approved pain pumps only for use after abdominal surgery, such as hysterectomies, and that, while pain killers had been used safely for years as single injections to joint cartilage, the steady stream application had not been well researched.

If you or someone you know has suffered irreversibly damage to joint cartilage after using the Moog Accufuser or another pain pump, contact an experienced defective products/personal injury attorney. You may be eligible for financial compensation for medical bills, loss of income, and pain and suffering.

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Toyota has recalled an additional 437,000 vehicles worldwide due to potentially faulty anti-lock braking systems and power steering problems. The 2010 Prius and Lexus hybrids are among the cars affected by the most recent Toyota recall.

Since October, a total of 8.4 million vehicles have been recalled due to floor mats, which were said to trap the gas pedal; accelerator problems, which may cause the gas pedal to stick; anti-lock braking glitches, a software problem that could cause the brakes to briefly malfunction; and the power steering hose, which may affect brake tubes.

However, some consumers and safety groups believe the Toyota vehicles' electronic throttle control systems are faulty. There was a significant increase in the number of complaints about uncontrolled acceleration in Toyota cars from model years 2002 to 2007. During this time, the car company increased its use of electronic throttle control systems.

NHTSA Notified of Dangers

Many consumers now question whether the automaker and the National Transportation Safety Administration responded quickly enough to protect the public. In addition to thousands of complaints filed by Toyota drivers, State Farm Insurance representatives say that in 2007 the company informed the NHTSA of a possible tendency for Toyota and Lexus models to accelerate suddenly.

If you or someone you know has been injured by acceleration problems associated with a Toyota or Lexus vehicle, it is important to contact a product liability/personal injury attorney right away. You may be entitled to compensation for medical bills or loss of income.

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Attorneys in product liability/personal injury lawsuits against makers of shoulder pain pumps were frustrated in a second attempt to have their cases consolidated in federal court. Their petition was rejected last summer and did not receive a decision in time for this month's hearing session of the U.S. Judicial Panel on Multidistrict Litigation (JPML).

The attorneys claim the lack of cooperation from pain pump manufacturers made consolidation under multidistrict litigation (MDL) procedures their only option. They requested consolidation in the U.S. District Court for the District of Minnesota.

Plaintiffs allege that pain pumps, designed to deliver a steady stream of prescription anesthetic directly to the site of surgery during recovery, caused chondrolysis, crippling destruction of shoulder cartilage. They say manufacturers were negligent for promoting pain pumps for an improper application.

According to the U.S. Food and Drug Administration, pain pumps were never approved for use on joints, but were intended for pain relief after abdominal surgery, such as a hysterectomy. After receiving reports of shoulder cartilage damage, the FDA ordered pain pump makers to warn doctors and patients of the risk of chondrolysis.

The anesthetics used in pain pumps have been used successfully for years in single injections to shoulder joints, but proper testing was not conducted to determine the effects of a steady stream on joint cartilage.

Last summer's rejection of consolidation was based on the JPML's opinion that not all pain pumps or pump makers had been identified. The panel suggested attorneys find other means to reduce duplication of efforts in pretrial discovery and minimize the incidence of inconsistent pretrial rulings in cases heard in multiple jurisdictions.

If you or someone you know has suffered shoulder cartilage damage after using a pain pump, contact an experienced product liability/personal injury attorney right away. Medical bills and loss of income can devastate your finances. You need someone on your side to fight for the compensation you deserve.

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Identifying Chinese drywall in a house was a destructive and expensive job, until a Florida man put a dog to work sniffing it out. Shadow the German shepherd is saving homeowners time, money, and a big mess.

Since dogs have already been trained to sniff out drugs and explosives, Anthony Gimenez of Professional Building Inspectors in Manatee County, southeast of Tampa, thought they could be used to recognize the smell of toxic fumes said to be emitted by Chinese drywall. In partnership with Von Asgard K9 Center of Myakka City, Gimenez formed K9 Detection Service.

Chinese Drywall Fumes Blamed for Damage, Illness

In hundreds of product liability lawsuits, Chinese drywall has been blamed for damage to homes and health across the country, but especially in Florida and other southeastern states where it was used not only to fuel the housing boom of the last decade, but also to rebuild after two hurricanes.

The fumes said to be emitted by Chinese drywall are blamed for corrosion of air conditioning coils, wiring, plumbing, and household items, including jewelry. Numerous health problems have also been reported, mostly respiratory in nature.

Until Shadow was on the job, the best way to identify suspected Chinese drywall was to tear some out and look for manufacturers' markings on the back of the wallboard.

Dog Easily Finds Imported Wallboard

After training, Shadow's abilities were tested on a house known to contain Chinese drywall. The dog correctly located the imported building material. Trainer Jeremiah Comes said the easiest place for the dog is in the cutout for an electrical outlet, because the core of the wallboard is left exposed.

If you have suffered damage to your home or to your health and suspect that Chinese drywall is the culprit, it's time to contact an experienced product liability attorney. It you can't hire Shadow or one of his friends, and you don't want to start demolishing your home, your attorney will fight to get documentation from your homebuilder to show what's in your walls.

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Doctors at Duke University Medical Center hope to reduce some of the symptoms of cerebral palsy (CP) in children by injecting them with stem cells from the blood of their own umbilical cords. The doctors caution that it will be at least a year before tests show clear results.

While there is no known cure for CP, which is caused by problems with brain development, researchers think the umbilical cord blood stem cells may help reduce muscle tightness, improve mobility, and help patients with their speech.

CP causes issues with muscle control, pain, vision, hearing, communicating, and learning.

Study Inspired by Previous Experiment

The idea of applying blood stem cell therapy to CP patients came from similar experiments with children who have genetic brain diseases. In those tests, according to Dr. Joanne Kurtzberg, director of the Pediatric Blood and Marrow Transplantation Program at Duke, stem cells infused into the bloodstream traveled to the brain and repaired damage.

Kurtzberg said test results with CP patients cannot be properly evaluated for at least a year because of unknown factors, such as how many cells to use, if there may be a better way to deliver them than through the blood, and whether or not the age of the patient affects the outcome. Most cases of CP are caused by premature birth, prenatal infections of mother or fetus, or placental malfunction that causes a lack of oxygen in the womb.

CP Can Be Caused During Birth Process

Other cases are due to complications or accidents during childbirth, such as oxygen deprivation that can occur when the umbilical cord is wrapped around the baby's neck or the baby spends too much time in the birth canal. Trauma to the head can also be a cause.

If your child developed cerebral palsy due to improper medical care, contact an experienced medical malpractice/personal injury attorney. The cost of caring for a CP victim can devastate a family's finances. Your attorney will fight for your right to financial compensation.

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A 13-year-old boy from Johnsonville, S.C., was killed Jan. 10 when his four-wheel all-terrain vehicle (ATV) rolled over on him in a field near his home. According to the county coroner, the boy died of head injuries.

Benjamin Byers II was pronounced dead at a Lake City hospital at 2:53 p.m., about an hour after his accident, by Florence County Coroner Bubba Matthews. Sheriff's Capt. Mike Nunn said Byers apparently lost control of the ORV, causing it to flip and come to rest on top of him.

Victim Was Avid Kart Racer

Byers was a competitive kart racer. He recently won a televised promotional race against a local station's news director and was preparing to participate in a national championship held in Johnsonville.

According to the U.S. Consumer Products Safety Commission (CSPC) Web site ATVSafety.gov, a preliminary review of news reports reveals that Byers was one of at least nine people to die in ATV accidents since the beginning of the year. Three of the nine were, like Byers, under the age of 16.

ATV Accidents Often Blamed on Poor Design

ATV rollover accidents are most often blamed on alleged design flaws that make the vehicles unstable. The CSPC warns of "their unpredictable nature in off-road conditions." ATV mishaps have resulted in numerous product liability/personal injury/wrongful death lawsuits, most notably over the popular Yamaha Rhino, a larger ATV designed to accommodate both a driver and a passenger in a side-by-side configuration.

The side-by-side ATVs are necessarily wider, but also taller. Plaintiffs in lawsuits over Rhino rollovers say the vehicle is too tall and narrow, making it top-heavy. In cooperation with the CPSC, Yamaha addressed the stability issue by offering all owners a free modification to widen the rear wheelbase and remove a rear sway bar.

If you or someone you love suffered injury or death in a Rhino rollover or other ATV accident, contact an experienced product liability/personal injury/wrongful death attorney right away. You may be entitled to financial compensation for medical bills, loss of work, and other expenses.

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Broward County, in southeast Florida, has asked Governor Charlie Crist to declare a state of emergency to help deal with problems blamed on defective Chinese drywall. County commissioners requested the declaration in order to qualify for federal and state aid.

Drywall imported from China has been blamed for damaging the homes and the health of people across the country, but especially in Florida, where it was used extensively to build new homes during the recent housing boom and to rebuild homes damaged in two successive hurricane seasons. Domestic production could not keep up with demand at the time.

Toxic Gases Blamed for Damage to Property and Health

Homeowners filing insurance claims and lawsuits claim toxic gases emitted by Chinese drywall, including hydrogen sulfide and formaldehyde, are corroding air conditioning systems, electrical wiring, plumbing, tableware, and jewelry. Complaints have also been filed about numerous health issues, including asthma attacks, sinus problems, sneezing, sore throat, dizziness, ear infections, eye irritation, fatigue, gastrointestinal problems, headaches, joint and muscle pain, nausea, nosebleeds, rashes, and urinary tract infections.

Broward County commissioners say insurance companies are denying homeowners' claims for replacement of Chinese drywall, leaving residents living in what may be dangerous homes. While some homeowners have turned to their insurers for help, others have sued drywall manufacturers, shippers, suppliers, and home builders for damages.

Chinese Drywall Has More Contaminants than Domestic Product

Compared to domestic drywall, the Chinese product contains more fly ash, a by-product of coal-burning power plants. The production of fly ash concentrates all the contaminants found in coal into a more compact form.

If you or someone you know has suffered property damage or health problems due to living in a home built with Chinese drywall, it's important to contact an attorney experienced in handling defective product liability and personal injury case. Repairing your home and your health is going to be expensive, and you may be entitled to financial compensation.

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Motorcycle crash deaths in Texas have increased since 1997, the year the state's legislature did away with helmet requirements for riders 21 and older. A study published in the Southern Medical Journal shows a 15.2 percent increase through 2003; the Texas Department of Transportation (TxDOT) says the trend continued through 2008.

The medical journal study covered the years 1994 through 2003. The 15.2 percent increase was based on calculating deaths proportional to the number of motorcycles registered, to compensate for increased ownership. Without the adjustment, the increase was 30 percent.

Deaths Increased As Soon As Law Was Changed

The motorcycle accident study authors say there was a conspicuous increase in crash deaths in September 1997, the month the change became effective.

The TxDOT spokesman said the increase in motorcycle crash deaths from 2004 through 2008 was 32 percent, based on figures compiled by state agencies for the National Highway Traffic Safety Administration's report on crashes in Texas for that period. He said a slight drop in 2009 deaths corresponded to reduced ridership, possibly the result of the recession.

Helmet use in Texas was at 77 percent in 1996; it dropped to 63 percent in 1997. Current use is estimated at 36 percent.

Helmet Law Changed When Federal Rules Eased

Texas legislators changed the state's motorcycle helmet law when the federal government reversed its policy of withholding some transportation funding from states without a universal helmet law. Since then, only riders under 21 have been required to wear a helmet.

Twenty states and the District of Columbia require universal helmet use. Twenty-eight states require only riders under a specified age to wear a helmet. Three states have no helmet requirement.

Whether or not you wear a helmet, if you've been involved in a motorcycle crash, you need the help of an experienced attorney. You may be facing medical bills, repair bills, loss of income, increased insurance premiums, and other expenses. Your attorney will fight get you the compensation you deserve to meet these challenges and save you from financial distress.

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Toyota Motor Corp. is suspending sales and production of eight models pending resolution of issues related to the possibility that their gas pedals may jam. The action comes less than a week after the company recalled about 2.3 million vehicles to check on their gas pedals.

Dealers have been told to immediately suspend sales of some models of the Camry, Corolla, RAV4, and Avalon, spanning model years from 2005 to 2010. Current production of the affected models at eight North American plants will suspended Monday.

Company Says Move Not Related to November Recall

The company said its latest move was not related to a November recall of 4.2 million Toyota and Lexus vehicles over concerns about unintended acceleration. That recall came after several reported incidents, capped by the Aug. 28 death of an off-duty California Highway Patrol officer and three of his family members in a fiery car crash near San Diego. A man calling 911 from the doomed vehicle said it was accelerating out of control and the brakes were not responding.

No Lexus models are involved in the sales and production halt.

Floor Mats Suspected in Acceleration Problem

Speculation in the November recall included the possibility of interference with the gas pedal by a floor mat that was not original equipment, but often substituted in the vehicles. Owners were advised to immediately remove any floor mats that were not original equipment, pending further study.

There was no mention of floor mats in the more recent recall, only the possibility of what the company called a rare mechanical issue. Toyota said owners will be contacted with information and instructions when the problem is resolved.

If you or someone you know has been injured or suffered property damage as a result of a gas pedal or unintended acceleration problem with a Toyota or Lexus, contact an experienced product liability/personal injury attorney right away. You may be entitled to compensation for medical bills, repair bills, or loss of income.

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Polaris Industries is recalling about 8,500 Sportsman® all-terrain vehicles (ATV) to check for possible problems with the steering mechanism. The company advises owners to stop using the ATVs until they are checked and repaired.

According to a notice on the Web site of the U.S. Consumer Products Safety Commission (CPSC), Polaris has received 19 reports of steering mechanism failure. The notice warns of a risk of injury or death to riders if the front suspension ball joint stem separates from the steering knuckle, causing the rider to lose steering control.

Company Attempting to Contact Owners

The units covered by the recall were manufactured between January and August 2009 and sold between February and November 2009. Polaris asks owners to contact local dealers for instructions on checking vehicle identification numbers. Dealers are also attempting to contact registered owners.

In 2007, Polaris issued a recall for similar steering mechanism problems.

A visit to the recall page of the CSPC's Web site ATVSafety.gov gives a hint of the potential danger of ATV use. The site strongly recommends training and the use of protective gear, to reduce the chances of serious injury or death. Proper driving techniques are vital, since ATVs are often used on very uneven terrain and in conditions requiring extra caution.

Product Design May Be Cause of Dangers

ATV design is a crucial factor in their safety. Critics say some are inherently unstable, especially some of the new side-by-side versions, such as the popular Yamaha Rhino, the subject of numerous product liability/personal injury lawsuits. The Rhino is accused of being too tall and narrow, making it top-heavy and prone to rollover accidents.

If you have been injured in an accident involving a Polaris Sportsman, a Yamaha Rhino, or any other ATV, you need to contact an experienced product liability/personal injury. You may be entitled to receive financial compensation for medical bills, repair bills, loss of income, or other expenses.

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Louisiana is suing 23 companies involved in making, distributing or installing Chinese drywall, accusing them of fraud, negligence, and violations of several state consumer protection laws. The imported drywall has been widely blamed for damaging the homes and the health of residents across the country, especially in the Southeast.

Drywall was imported from China when domestic supplies could not keep up with the demand of the housing boom of a few years past. Louisiana, Florida, and other southeastern states were especially in need because of rebuilding after Hurricanes Katrina and Rita.

Chinese drywall has been blamed for corroding air conditioning system coils, wiring, plumbing, and other metal items, as well as causing numerous health problems.

Attorney General Calls Chinese Drywall Defective

Louisiana Attorney General James Caldwell's lawsuit claims the defendants "proactively pushed their defective Chinese drywall into Louisiana in massive quantities..." He writes that defendants' actions violated "expressed and implied warranties and the state's unfair trade practices and...its product liability act."

Caldwell is asking for unspecified damages to help homeowners solve drywall issues, as well as court costs and punitive damages.

Chinese drywall is made with fly ash, a byproduct of coal-burning power plants. In the burning process, all the contaminants found in coal are concentrated into the fly ash, and then embedded in the drywall.

Rotten Egg Smell Can Be First Sign of Trouble

Homeowners say the drywall gives off toxic fumes, including hydrogen sulfide, which smells like rotten eggs. The fumes are blamed for the corrosion and health problems, including various forms of respiratory distress.

About 1,000 complaints from homeowners have been lodged with the Louisiana Department of Health and Hospitals, according to the suit.

If you or someone you know has suffered damage to your home or to your health because of Chinese drywall, contact an experienced product liability/personal injury attorney right away. The case against Chinese drywall is building; numerous health agencies have expressed concern. You may be eligible for compensation to help you deal with the consequences of contamination.

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The former sheriff of Bollinger County, Mo., was killed recently when his all-terrain vehicle (ATV) overturned. Terry Wiseman, 43, was using the ATV on his property in Wappapello, in neighboring Wayne County, at the time of the accident.

The Missouri State Highway Patrol said Wiseman's 2007 Honda ATV first slid sideways, then overturned, throwing him clear. The patrol said the accident occurred at about 11:45 p.m., Thursday, Jan. 7. Wayne County Coroner Cary Umfleet declared Wiseman dead of injuries at the scene.

Wiseman's successor, Sheriff Leo McElrath, said, "It brings real meaning to the words 'be careful; those things are dangerous.'"

Off-road Vehicle Danger Old Topic

The danger of ATVs and other off-road vehicles (ORVs) has been the subject of debate since their introduction to the American outdoor recreation market. Most early models resembled powered tricycles with a solid rear axle, and were steered by leaning out of the turn, an unnatural maneuver that frequently contributed to accidents.

The first generation of four-wheeled ATVs look like motorcycles on four wheels. They allow a more intuitive driving technique, but some designs are still criticized as being unstable, often because of being top-heavy or too narrow, or both.

Some Consider Newer Models No Less Dangerous

Honda, Yamaha, and others have expanded their ORV lines to include models with side-by-side seating for the driver and a passenger. These are referred to as utility vehicles and look like powerful off-road golf carts. They are wider, but also quite a bit taller, than ATVs. The Yamaha Rhino has been singled out in numerous lawsuits, alleged to be particularly unstable, leading to rollover accidents that have caused injury, dismemberment, and death.

If you or someone you know has been injured in a rollover or other accident while using an ATV or a utility vehicle like the Yamaha Rhino, you should contact an experienced defective products/personal injury attorney. You may be entitled to financial compensation to help with medical bills, repair bills, loss of income, and pain and suffering.

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An improperly calibrated breath testing device forced the Galena, Kan., city attorney to drop a driving under the influence (DUI) charge against the Pittsburg (Kansas) State University athletic director.

City Attorney Kevin Cure announced last week that the DUI charge against Chuck Broyles was being dropped. Broyles was arrested Nov. 24 and retired as Pittsburg State head football coach a week later. On Dec. 8, he pleaded not guilty to the charge. He has been on paid administrative leave from his athletic director position pending the outcome of the DUI case.

DUI Arrest Hinged on Breath Test

Broyles was stopped for speeding, then arrested and charged with DUI on the basis of a blood alcohol concentration (BAC) test administered with a breath-testing device. According to Kansas law, anyone with a BAC of 0.08 percent or higher is unfit to drive and is subject to immediate arrest and suspension of driving privileges.

Breath tests are used at the time of apprehension to estimate a suspect's BAC. They are not as accurate as a blood test, and breath-testing devices must be properly calibrated to give even an approximately accurate reading. DUI cases are frequently invalidated by improper use of breath testing devices.

Many Attorneys Recommend Blood Test

Many experienced DUI attorneys recommend against taking a breath test, if that is an option, because they can be inaccurate and may lead to conviction of a defendant whose BAC is not at the legal limit. These attorneys suggest asking to take a blood test.

If you have been arrested and charged with DUI, you need to contact an experienced attorney. You need someone on your side who understands the prosecution's burden of proof. If you are convicted, the court may have discretion in sentencing, and you will need someone to fight to see that your punishment is proportional to the circumstances of the offense.

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Numerous personal injury lawsuits have been filed across the country against the makers of pain medication pumps, alleging the devices caused irreversible damage to shoulder cartilage. Plaintiffs say the steady stream of pain killers pumps deliver to the site of surgery during recovery erodes cartilage tissue.

The companies named as defendants are a mix of medical device manufacturers. Among them, I-Flow, Inc., of Lake Forest, Calif., produces only drug delivery systems. At the other extreme is giant Moog, Inc., of East Aurora, N.Y., which provides equipment to nearly a dozen industries; its varied line of medical products includes medication pumps and feeding tube systems.

Several Orthopedics Companies Among Defendants

At least six defendants have orthopedics in common. Orthofix, Inc., of London, supplies orthopedic and spinal implants, as well as post-surgical therapeutic muscle stimulation devices. DJO, Inc., of Vista, Calif., produces orthopedic devices, surgical reconstructive implants products, and non-surgical orthopedic rehabilitation and physical therapy devices.

Stryker Corp., of Portage, Mich., specializes in orthopedic medical devices and equipment. Breg, Inc., Vista, Calif., primarily supplies orthopedic braces. Sgarlato R.P., Inc., of San Jose, Calif., produces podiatric implants. Linvatec Corp., Largo, Fla., specializes in endoscopic and surgical instruments for minimally invasive and orthopedic surgery.

Plaintiffs Say Pain Pumps Improperly Applied

Plaintiffs say makers of the pumps and the anesthetics they administer were negligent in marketing them for use after shoulder surgery. The implanted devices were developed for use after abdominal surgery; the U.S. Food and Drug Administration did not approve them for use on shoulders. After receiving 35 complaints of shoulder damage, some requiring joint replacement, the agency ordered pump and anesthetic makers to issue warnings regarding the risk of using the devices on shoulders.

If you or someone you know suffered cartilage damage after using a pain pump, contact an experienced personal injury attorney right away. You may have an excellent case for receiving the financial compensation you deserve to deal with the aftermath of this misapplication of powerful medical technology.

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Warning labels on the diabetes drug Avandia® (rosiglitazone maleate), marketed by GlaxoSmithKline (GSK), caution that the medication can cause or worsen heart disease and that those who have experienced heart failure cannot be started on the drug. According to several lawsuits filed against GSK, the warnings came too late for some.

Concern about Avandia® centers on possible damage to the muscles of the heart wall, responsible for maintaining blood circulation. The warnings advise caution for those with a history of chronic congestive heart failure, heart attack, angina, fluid in the lungs, edema, anemia, high cholesterol, and several other conditions.

Cardiovascular Warnings Required FDA Intervention

Some plaintiffs who claim damage from Avandia® fault GSK for not including cardiovascular side effects warnings when the drug was first released, in 1999. The actions claim the warnings only appeared in 2007, when they were ordered by the U.S. Food and Drug Administration (FDA).

Avandia® is used to control blood sugar levels in patients with type 2 diabetes, but it is advised that it not be used by those with type 1 diabetes. Also advised not to take it are those with very high blood glucose, heart failure, or past or current liver disease.

Additional Side Effects Listed for Approved Patients

Those who are cleared to take Avandia® are warned that it may cause blurred vision, dizziness, or drowsiness, because of extremely low or high blood sugar levels. Users are advised not to drive, use machinery, or perform any activity that requires alertness or clear vision until they are certain they can do so safely.

If you or someone you know took Avandia® and suffered new or worsened heart disease or other health problems associated with this medication, you need to contact an experienced personal injury attorney. This is especially true if your injury occurred before GSK was forced by the FDA to include warnings about cardiovascular damage in its packaging and advertising. You may be eligible for financial compensation to help you deal with the consequences of taking Avandia® without adequate warning of possible side effects.

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Five lawsuits have been filed in Los Angeles County Superior Court accusing makers of post-surgical pain pumps of promoting the devices for shoulder surgery patients without U.S. Food and Drug Administration (FDA) approval, resulting in irreversible cartilage damage. The suits claim some patients suffered damage severe enough to require joint replacement.

Attorneys with Houston-based Arnold & Itkin LLP are representing 28 plaintiffs in the shoulder pain pump suits announced Nov. 11.

Pain pumps are designed to deliver a continuous dosage of pain medication directly to the surgery site during the first few days of recovery. To do so, a small tube is left implanted in the site.

The FDA has said it cleared pain pumps only for use after abdominal surgery, not joint surgery. The agency said that, while the anesthetics delivered by the devices have been used in single-injection treatment for years without cartilage damage, a steady stream of drugs may be harmful. Bupivacaine, marketed as Marcaine® or Sensorcaine®, is often used, as is lidocaine.

Defendants named in the suits include pump makers Stryker Corp., Orthofix, Inc., I-Flow, Inc., Moog, Inc., Sgarlato R.P., Inc., Breg, Inc., Linvatec Corp., and DJO, Inc. Also named are anesthetic makers AstraZeneca, Abbott Laboratories, APP Pharmaceuticals, and Hospira Worldwide.

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News about personal injury lawsuits concerning Yamaha Rhino off-road vehicle (ORV) rollover accidents has people thinking about a number of related safety issues, including state laws that allow children to operate ORVs.

A survey of state laws conducted by the National Association of OHV Program Managers (NAOPM) and published on the Web site of the National Off-highway Vehicle Conservation Council shows that 20 states have no age restriction for ORV operation. Some states have restrictions on younger operators, such as the engine displacement size, supervision by an older licensed driver or completion of a safety course.

States' ORV Minimum Ages Vary Widely

Two states set the minimum at 8 years old, four states at 10 years old, seven at 12 years old, four at 14 years old, one at 15 years old, and five at 16 years old. The remaining states' age minimums vary, depending on other conditions.

Officially, Yamaha recommends ORV use only by licensed drivers at least 16 years old, although the statement is difficult to find on the company's Web site. Other ORV manufacturers also publish cautionary statements, although Honda actually markets small ORVs specifically designed for young children.

Adult Guidance Crucial to Safe Operation

Because ORV usage is not as closely regulated by state laws as the use of vehicles on public streets and highways, the responsibility for safe operation by younger riders falls on parents and other family members. Safety courses available to both young and adult riders are important, as is proper vehicle maintenance and safety equipment.

No matter how careful you are, you or a loved one may still be the victim of an ORV accident, such as a Rhino rollover. Critics say that Rhinos and some other ORVs have design flaws that create a potential for accidents, even under good driving conditions. If you've had such an accident, you need an experienced defective products attorney on your side to fight for the financial compensation you deserve to help you recover.

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Studies have shown that talking on the cell phone while driving can increase your chances of getting in a car accident significantly. Still, concern about the danger of drivers speaking on cell phones and sending text messages varies widely across the country, if judged by states' laws regulating, or not regulating, the practices.

Seven states and the District of Columbia (D.C.) have banned all drivers from speaking on hand-held cell phones; 20 states and D.C. have banned them from texting. In some states, the ban is limited to novice drivers, school bus drivers, or both.

Hands-free Phone Use Allowed in All States but Maine

The use of hands-free cell phones by drivers is less restricted. Some states ban novice drivers, school bus drivers, or both. No state specifically bans them for the general driving population, but Maine bans them as part of a blanket ban on any form of distracted driving, the most comprehensive in the country.

Utah's law on distracted driving bans texting, but using a hand-held cell phone is considered an offense only if it is a factor in a moving violation other than speeding.

How laws are enforced is also variable by state. In some, simply using a hand-held cell phone or texting can result in a citation, a practice referred to as primary enforcement. In others, the offense is only cited when a driver is cited for another concurrent offense, known as secondary enforcement.

Other States with Strict Laws

California, Connecticut, New Jersey, New York, Oregon, and Washington are the states with total bans on both hand-held cell phoning and texting. All but Washington practice primary enforcement.

An Illinois law, which goes into effect Jan. 1, 2010, will ban texting, but will limit the ban on speaking on a hand-held unit to school zones and highway construction zones.

Alaska, Arkansas, Colorado, Louisiana, Maryland, Minnesota, New Hampshire, North Carolina, Rhode Island, Tennessee, and Virginia ban, or will soon ban, texting, but not hand-held cell phone use.

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