The Cause and Effect of Negligent Security

A Los Angeles woman filed a wrongful death lawsuit in 2010 for exactly these reasons when her mother was stabbed just outside of her garage. In this instance, the homeowners association and the security company hired to provide area services were both made aware that the woman had a restraining order against her husband. The husband was known to be identifiable by his tattoos, and was also a known source of danger. In the lawsuit, lawyers claim that the defendants had an obligation to provide a level of care regarding those who were admitted to a secure housing area, gated community, or any property where unauthorized visitors are not permitted.

To further understand the case, one needs to examine what negligent security is. Business owners, residential property owners, and commercial property owners all have an expectation of security when they enter into a contract with a security agency. Part of that security involves monitoring individuals who could prove to be dangerous, and preventing entrance to those who are known threats. By either ignoring that task or failing to perform it properly, a security company and the parties that hire them may be liable for damages in cases where an individual who had an expectation of security is harmed by its failure.

The Trayvon Martin Case

In the case of the Trayvon Martin, a similar lawsuit had been filed by Martin’s parents. The center of the case revolves around the wrongful death of Martin, who was allegedly shot by George Zimmerman in February of 2012 while walking through a Florida neighborhood. While accounts of the shooting differ, the main point of contention is that the homeowners association had a responsibility to provide appropriate security to the neighborhood, particularly in Florida where the “Stand Your Ground” law could lead to situations of manslaughter, or in this instance, second degree murder.

While debate over whether or not the shooting was self defense continues, the HOA involved has actually chosen to settle with Martin’s parents. Attorneys involved with the settlement have made the provision that Martin’s parents and his estate set aside their claim of wrongful death and claims for pain and suffering, loss of earnings and expenses. In return, the Martins will receive an undisclosed amount of financial compensation.

While a settlement is not necessarily an admission of guilt, it does present a compelling argument that in this instance the HOA was aware of their liability. It is likely that the attorneys representing the HOA recommended that a settlement was the best course of action. This leads one to conclude that negligent security could be an issue in further cases where a wrongful death or grievous injury occurs where the HOA is responsible for security. Although lawyers will continue to debate the guilt or innocence of George Zimmerman in the criminal case, the settlement may inform legal decisions moving forward.

Originally Post: Wrongful Death Claims Against Home Owners Associations

Forming good habits starts with understanding where bad habits begin. Unsafe lane changes are an undeniably dangerous habit, and one that could lead to serious injury or death. 33% of all fatal car and truck accidents are caused by reckless driving. That means a full one third of major wrecks, including commercial truck accidents, are caused by bad habits, such as unsafe lane changes, speeding, and a lack of observance of proper driving etiquette. To protect yourself and the passengers of your vehicle, you must always remember to observe all rules regarding lane changes.

Why Do Unsafe Lane Changes Happen?

Driving on our shared roadways requires shared trust. You need to be able to trust that the drivers to your left, right, forward, and behind are competent behind the wheel, but you also need to drive as if they are not. While defensive driving can be key in avoiding serious accidents, it may not always protect you from accidents that you yourself cause. Some of the common causes for an unsafe lane change include:

• Texting or speaking into a cell phone while driving.
• Eating while driving.
• Weather conditions and a driver unprepared to respond to them.
• Fatigue of the driver, or intoxication.
• Failure to use the proper turn signal.
• Failure to properly align rear view mirrors.
• Distraction caused by passengers.

Any one of these problems could lead to the vehicle drifting, which could result in a wreck. Attorneys that are responsible for these cases are well aware that in cases where more than one vehicle is involved, there is also the potential for liability to be shifted from one party to another. The best way to protect yourself, legally, is to document any accident that you are involved in, including details of unsafe lane changes to the fullest extent that you remember them. If you see another driver making an unsafe lane change, then it is best to give them as much room as possible without endangering any driver that may be behind you. If that unsafe lane change results in damage to your vehicle, then it might be time to speak with an attorney.

As an attorney would point out, any driver who is distracted by cell phones, food, or conversation is still liable for the damages that they have caused. Because the most common type of unsafe lane change are those that go across several lanes at the same time, it is very likely that traffic violations have taken place.

What to Do If You Are Involved

If you are involved in an accident that has been caused by another driver making an unsafe lane change, then the first thing to do is to make sure that everyone in your vehicle is okay. You will then need to ensure that your own vehicle can, if possible and safe to do so, move out of the way of oncoming traffic. Call 911 immediately, and document all details surrounding the accident. If you have further questions about your legal liability and recommended course of action, it is best to speak with a lawyer.

Originally Post: The Dangers of Unsafe Lane Changes

It’s no mystery that hydroplaning can lead to a serious car accident. You could be badly injured, or even killed, by losing control of your vehicle. In circumstances where hydroplaning is likely to occur, there may even be multiple vehicles which could lose control at the same time. If you have been involved in a wreck caused by hydroplaning, then you may be left wondering who’s to blame for the accident.

Analyzing the Source of the Problem

There are many factors that go into whether or not a car will hydroplane on a wet surface. Actual water levels do not need to be high to cause hydroplaning; even a thin layer can result in a loss of steering control for a driver. Some of the factors involved include:

• Water that has pooled on a road due to rain, improper drainage, or excess run off.
• The speed of the vehicle.
• Improper tire pressure, which decreases grip.
• The design of the road itself, especially water drainage.

One or all of these factors could contribute to a hydroplaning situation. The best way to prepare yourself ahead of time is to correctly inflate your tires, maintain a safe speed while driving in wet conditions, and always be aware of the possibility of hydroplaning occurring. If you feel that conditions are not safe for travel, then waiting for the road to dry should be considered. Also remember that rain stopping does not ensure that the road is safe. Hydroplaning can occur even after he rain has stopped.

Liability for Damage

Because many of the factors of hydroplaning actually point toward poor road design and drainage, you may be entitled to damages for medical costs, vehicle repair, and more. If you are in a wreck caused by hydroplaning, document the site of the crash and the conditions if possible. Information on road conditions, including photographic evidence, can be key in proving that the road is unsafe.

You should also speak with an personal injury attorney. He or she will be able to assess whether your accident was caused by poor road design and if you can collect damages.

Originally Post: Hydroplaning on Atlanta Roads

Controversy and Cover Ups

At the heart of the case are player accusations that the NFL has engaged in fraud and deception on the effects of concussion. Further accusations claim that the league went so far as to glorify the violence of the sport at the risk of the players themselves. While the NFL maintains that they are in no way responsible for any perception that the players have had regarding the serious long term damage that concussions cause, recent studies into retired athletes show some alarming statistics:

• 22% of all injuries in football are head injuries, a significant amount of which are concussions.
• The force to the head during a concussion injury is 98x stronger than the force of gravity.
• 61% of NFL players have suffered from concussions, with 16% believing long term damage is the result.
• Players who have suffered one concussion are four times more likely to experience a second.

A Change That Can Save Lives

With the alarming news of concussion rates in both professional and college level football also comes hope. The lawsuit being pressed by these former players underlines the importance of clarity between the teams and the players about the risks involved in the sport, but it also illustrates the need for active and well researched improvements that can be made in equipment, training and the game itself.

Legally speaking, it is important to remember that the NFL is no different from any other employer. Regardless of the job, if there is found to be both a link to substantial injury trends and information withheld from employees, then there may be some liability involved. If the lawsuit proves successful, it could pave the way toward safer practices both within the NFL, college and high school teams. In the meantime, both sides are waiting for a ruling by  U.S. District Judge Anita B. Brody as to whether the case can be tried in court, or is subject to arbitration.

Originally Post: NFL Case Before Philadelphia Judge

Hip Replacement Recalls by Stryker and DePuy

Two of the most severe recalls in recent memory have been the hip replacement recalls by both Stryker and DePuy Orthopaedics. If you or a loved one have been subject to a hip replacement in the last three years be sure to continue reading.
Recall on DePuy ASR XL Acetabular System and ASR Hip Resurfacing Platforms
DePuy’s recall was issued in September of 2010 but has been reviewed as recently as 2012. The earliest recall of the ASR hip implant found a 17% failure rate after 5 years, the newest report has discovered that it is worse than initially believed, with a five year failure rate of 22%. The recall was issued because of increased pain in the patients fitted with the unit.
For more information please visit: http://www.hagen-law.com/dangerous-medical-devices/depuy-hip-replacement/

Recall on Stryker ABG II and Rejuvenate Modular Hip Systems

Unlike the DePuy recall, the Stryker recall was not due to pain but to issues arising from potential corrosion, fretting and wear. Fretting, when the metal pieces rub against one another, can cause chromium, titanium and cobalt to enter and poison the bloodstream. This recall was only issued in July of 2012 and is recent enough to still apply to anybody who has received a hip replacement in the last year.
For more information please visit: http://www.hagen-law.com/dangerous-medical-devices/stryker-hip-replacement-recall-injury-litigation/

The Danger of These Devices

Complicated surgeries aren’t the only risk of having one of these Stryker or DePuy hip replacements implanted in you. Some of the other side effects include:

• Blood Poisoning
• Necrosis in the Bone
• Increased Pain

Thousands of Americans are forced to file lawsuits against the manufacturers of these and other hip replacements because of the, often irreversible, damage they have done.

Use Only the Best Hip Replacement Attorney

With the danger that these hip replacements pose to your health and the need for additional surgeries, it has never been more important to have an expert personal injury lawyer fighting on your side. Bruce A. Hagen has experience with hip replacement cases and does not rest until you receive the compensation you deserve. If you are seeking a personal injury lawyer or have further questions about your hip replacement then don’t hesitate to contact Bruce today for a free consultation.

Originally Post: March 2013 Newsletter

The NFL, however, has repeatedly tried to invalidate these research findings – and, until recently, failed to make changes in its protocol which would have protected players from head injuries. Meanwhile, thousands of players have experienced repetitive head traumas in the past 10 years, and the NFL has profited from these players’ unwitting sacrifice.

Among the facts cited by The New York Times:

• A concussion is an injury to the brain which occurs when the “head either accelerates rapidly and then is stopped, or is spun rapidly.”
• Such shaking causes the brain’s neurotransmitters to fire all at once which temporarily deadens receptors linked to learning and memory. Symptoms of concussion include confusion, blurred vision, memory loss, and unconsciousness.
• A player who suffers one concussion is four times more likely to sustain a second one. After several concussions, a player sustains a concussion from a less violent incident and requires longer to recover.
• A 2000 study found that more than 60% of NFL players had sustained at least one concussion; and 26% had three or more.
• A 2007 study of retired players found that of all players who could remember having three or more concussions, 20% reported being diagnosed for depression.
• A 2009 telephone study found that Alzheimer’s and other memory-related disabilities had been diagnosed in retired NFL players at a rate 19 times the average for men aged 30 to 49. Although neurologists say that dementia cannot be diagnosed by telephone, they acknowledge that the study’s findings are cause for alarm.
• The NFL changed its protocol for players with head traumas only after members of a Congressional committee meeting in 2009 compared the NFL to the tobacco industry (whose business leaders lied to Congress about concealing from the public the industry practice of adding addictive chemicals to tobacco products).

The NFL (and perhaps the helmet manufacturers too) knew about the serious long-term dangers to which it’s players were exposed, yet withheld this information from the players for many years. Further, until very recently, the NFL encouraged a style of play that emphasized and encouraged the most violent and dramatic style of hitting among the players. The NFL must be held accountable for both the short- and long-term effects on players’ health; and the safety of the game must be radically improved—at all levels of play—to make sure that no more youth, high school, college, and professional football players suffer repetitive head traumas leading to CTE.

I am pleased to announce that I have recently teamed up with the law firm Pope, McGlamry, Kilpatrick, Morrison & Norwood (PMKM & N) to take on the NFL. PMKM & N is one of the top Plaintiff’s firms in the South if not the entire country, and I am confident that together we will succeed.

If you played in the NFL or know anybody who player in the NFL, please contact me immediately to find out what you need to do to protect your rights and your future health. Please share this message with your network and strongly urge former NFL players to call me.

Originally Post: Growing number of former NFL players have been diagnosed with Alzheimer’s

According to a study commissioned by Allstate Insurance, Atlanta was the 146th safest driving city in America. Considering that Atlanta is the 33rd largest city in the US, this isn’t a good sign. The report states that the average driver in Atlanta will experience an auto collision an astounding every 8.2 years.

With such frequent collision rates in our city, it’s vital that you’re properly insured with both Add-On Uninsured Motorist (UM) Coverage and Medical Payments (MP) coverage.

Add-On Uninsured Motorist Coverage

“Add-on” UM coverage is a type of insurance that will protect you from the growing number of people who are either fully uninsured or simply underinsured. In this tough economy, there are more drivers on the road with no insurance, and some of these drivers may be more inclined to flee the scene of a wreck, than to face the consequences. UM coverage allows an injured victim to make a claim and be made whole for their injuries.

Medical Payments Coverage

MP coverage will pay the medical bills for anyone injured in your car, no matter who causes the accident. A common mistake that people make is to decline MP coverage, because they already have medical insurance. The fact is that everybody should have MP coverage, regardless of whether or not they have health insurance. At least $10,000 of MP coverage in addition to regular medical insurance is highly recommended.

If you have a question about your auto insurance, and whether you should make any changes, please contact me, and I’ll be happy to share my thoughts!

Originally Post: The Average Atlantan Has an Auto Accident Once Every 8 Years

As far as products are concerned, there was a recent recall on two hip replacement devices made by DePuy Orthopedics & Stryker. The defective designs caused many patients to experience significant pain and other unpleasant symptoms. You deserve to be informed about what you put into your body!

Paxil and Birth Defects

In several extensive studies, the anti-depressant drug Paxil was found to have many severe birth defects on babies with mother’s taking the drug. Premature birth and heart defects were the most frequent.

Premature Birth

Studies have linked mother who take Paxil have a 40% increased risk of premature birth.

Cardiac Defects on the Baby

Studies conducted in the U.S. and Sweden point to an increased risk of Paxil-related cardiac birth defects, in babies whose mothers use the drug during pregnancy.

Women who take Paxil during their first trimester are one and a half to two times more likely to have a baby with a heart defect, than women who were taking other antidepressants or not taking any antidepressant.

Studies have shown that the use of selective serotonin reuptake inhibitor (a class of drugs which includes Paxil) in the first trimester of pregnancy increase the risk of cardiac defects in babies by 60%.

Women who took Paxil in or after their second trimester were six times more likely to have a baby with a rare birth defect known as persistent pulmonary hypertension, or PPHN.

Other Specific Paxil-related Birth Defects Found

• Heart malformations / congenital heart defects/(VSD)(ASD)
• Persistent pulmonary hypertension (PPHN)
• Abdominal defects (Omphalocele
• Cranial defects (Craniosynostosis)

If You’ve Been Negatively Effected by Paxil, You’re Not Alone!

In July 2010, rather than go to trial, Paxil’s maker GlaxoSmithKline, agreed to pay in excess of $1 billion to settle hundreds of lawsuits over birth defect claims. Who knows how many other families have suffered though.

These settlements came four years after the Food & Drug Administration instructed all antidepressant makers to revise their labels to include the risk these drugs pose to expectant mothers and their babies.

The Harmful Effects of Avandia

I talked about the dangers of Avandia in a recent blog post, but the word needs to be spread more extensively, about just how harmful it is!

What It is

Avandia (or rosiglitazone) is a popular anti-diabetic drug manufactured by the United Kingdom-based pharmaceutical company GlaxoSmithKline.

What It’s Supposed to Do

It is designed to increase the body’s sensitivity to insulin and used to treat type-2, non-insulin dependent diabetes – a serious, life-threatening disease that affects about 18 to 20 million Americans – Avandia has been on the market since 1999.

Cardiac Defects

Since its release, the FDA has been monitoring Avandia’s link to several heart-related side effects (including fluid retention, edema and congestive heart failure).

One study concluded that individuals taking Avandia were 43 percent more likely to have a heart attack. These conditions can all be debilitating, and they can all lead to the death of a patient.

The FDA is advising patients who are taking Avandia – especially those who are known to have underlying heart disease or who are at high risk of heart attack – to talk to their doctor about this new information as they evaluate the available treatment options for their type 2 diabetes.

Other Specific Avandia-related Side Effects Found:

• Weight gain
• Liver problems
• Anemia
• High cholesterol, and most seriously
• Heart Attack

You’re Not Alone!

In 2007, the U.S. Food and Drug Administration (FDA) announced that due to concerns over serious side effects, Avandia® would carry a “black box” warning.

Furthermore, the FDA issued a safety alert on Avandia. This release noted that “safety data controlled clinical trials have shown that there is a potentially significant increase in the risk of heart attack and heart-related deaths in patients taking Avandia.”

DePuy Hip Replacement Recall

In September of 2010, DePuy Orthopaedics issued a recall of its ASR XL Acetabular System and ASR Hip Resurfacing Platforms.

The recall was brought about by data that showed a revision surgery rate of about 13 percent for those with the ASR XL system and of about 12 percent for those with the ASR resurfacing system, reports the news provider.

DePuy Orthopaedics, issued a voluntary recall of its ASR XL Acetabular System and ASR Hip Resurfacing Platforms that were implanted after July 2003. If a patient had a hip surgery prior to July 2003, those patients are not affected by the recall.

Reasons for the Recall

DePuy cites that the reason for its recall is the unexpected number of complaints of pain and other symptoms by patients who have received either a total hip replacement or an ASR Hip Resurfacing Platform.

DePuy states that their studies have shown that 1 in 8 patients who received the ASR resurfacing device required a second (revision) surgery, while 1 in 8 of patients who received the total hip replacement surgery required a revision surgery.

Common Complaints

The defective design of the ASR hip replacement cup, which is shallower than similar hip replacement devices, is responsible for many of the product’s problems. The ASR hip replacement cup doesn’t always affix to the bone as intended. Too often, this results in a “loose cup” that must be revised, or removed and replaced by a corrective surgery.

The DePuy ASR hip replacement implant is a metal-on-metal hip replacement system. These defective hip implants can shed metal particles and debris into the body as they wear. That debris can cause severe inflammatory reactions in some patients, damaging muscles and soft tissue and lead to bone loss. As a result, a second corrective hip replacement surgery is often required to replace the defective hip device soon after implant.

If you or your loved one has been negatively effected by any of these drugs or products, don’t hesitate to call or contact me to get the justice you deserve. Personal Injury is all we do!

Originally Post: Special Warning Regarding Hazardous Drugs and Products

The Problem with GranuFlo and NaturaLyte and How They Were Unsafe For Dialysis Patients

For patients who have kidney failure it is imperative that they receive proper treatment, with their bodies no longer capable of performing important functions they rely on hemodialysis to remove water, urea and creatinine from their blood. One of the effects of kidney failure is that when the kidney stops functioning properly it can no longer remove acid or produce bicarbonate.

GranuFlo and NaturaLyte are Fresenius’s answer to these problems. There are several elements needed to complete the mixture required for dialysis. Dialysate is one of those elements and it is a mixture of a bicarbonate concentrate and an acid concentrate with purified water. GranuFlo and NaturaLyte are the most used acid concentrates for dialysis and are widely used and circulated by Fresenius, so other dialysis centers also use these products. Sounds fine, right? Well for the last 5 years both GranuFlo and NaturaLyte had more bicarbonate in them then they were supposed to, resulting in patients receiving a disproportionate amount of bicarbonate which can produce metabolic alkalosis, which in turn increases the patient’s risk of suffering a heart attack, stroke or cardiac arrest.

The Whistleblower Who Leaked the Information Fresenius Doesn’t Want You to Have

This information should have come as a shock, but it turns out Fresenius knew about it for quite a while and tried to fix the problem quietly without disclosing this information to the proper outlets. Employees of Fresenius were warned as early as 2008 to start cutting the dose of acetate to below the prescription levels. They also altered the operator’s manual for their machines, instructing the operators to cut dosages of acetate in half. The one thing they didn’t do was change the mixtures of GranuFlo or NaturaLyte, thereby making sure the defective products would still be circulated.

In November 2011 an internal memo circulated amongst the top directors and physicians of Fresenius’s dialysis clinics. This memo was eventually leaked to the FDA by a whistleblower, an individual who read this information and couldn’t stand by and do nothing while innocent lives were lost. What were the contents of this memo? A Fresenius study showed that the bicarbonate levels of their patients’ serum increased from 2004 to 2011 and that the patients of Fresenius had six times more risk of experiencing ‘sudden cardiac death.’ Also inside the memo was that little tidbit about 941 patients suffering cardiac arrest in 2010.

Once the Food & Drug Administration got the memo in front of them they immediately ordered a complete recall of all GranuFlo and NaturaLyte produced from January 2008 to 2012.

When Should You Be Concerned?

If you were undergoing dialysis treatment, regardless of whether it was by Fresenius or another party, and you suffered from a stroke, cardiac arrest or a heart attack then you have cause for concern. Also, if you had a loved one who passed away while undergoing dialysis treatment then it would also be best to start to investigate the cause of death further and try to find out if they were being treated with GranuFlo or NaturaLyte. There is a good chance the death or injury could have been avoided and was the fault of Fresenius.

The Fallout and the Consolidated Litigation That Followed

The lawsuits that are being launched are interesting to follow. Although they may be referred to as class action suits they are all separate suits that may end up being consolidated by the court. What that means is that all the legwork in the trial is done as if it is one lawsuit so that the actions are coordinated, but each individual is responsible to prove the validity of their own injury and to settle on their own. All the evidence and depositions used will be the same for each case, saving time for the litigators, defendants and the court in general, but each case will have to play out on its own. Each victim is responsible to prove that they were treated with GranuFlo or NaturaLyte and that their injuries were caused by said products.

It is hard to believe the actions of Fresenius were motivated by anything other than greed. They willingly sacrificed the lives of sick human beings in order to stop this information from becoming public knowledge. They knew about the dangers of GranuFlo and NaturaLyte and continued to circulate the medical products while secretly trying to figure out what to do. If you have been affected by this scandal there are options. Seeking out an experienced lawyer with a history of successful medical malpractice cases under their belt will be your best bet at receiving the compensation you deserve for the negligent actions of Fresenius.

At the law offices of Bruce A. Hagen, Attorney at Law, we are dedicated to our clients and do not rest until we feel they are fully satisfied with the settlement we work for. If you or anybody you know has had a heart attack while undergoing dialysis contact us immediately so that we can determine if the injury was caused by one of the faulty products.

Originally Post: Heart Attacks after Dialysis Lawsuits

At the time of a rear-impact collision, the body of the driver or passenger is held in check by the seat belt. However, the neck and head remain relatively unprotected. The impact of the accident can cause the neck and head to snap back and forward suddenly with a whiplash-like motion.

What Are the Symptoms of a Whiplash Injury?

Symptoms are not always obvious, and do not always appear immediately. In some cases, whiplash manifests with a dull and persistent headache and/or stiffness of the neck. In others, more serious symptoms such as memory loss, ringing in the ears (tinnitus) and even depression may develop.

What Should You Do if You Suspect A Whiplash Injury?

If you are involved in a rear end collision, it is important to seek medical treatment as soon as possible. Even impact from a slow moving vehicle can lead to whiplash, and the position of the head and other issues may make an injury worse. Because the symptoms may not develop for a week or two, it is important to seek medical attention to document the injury, for example, with an x-ray or doctor’s records.

The Whiplash Claim – A Few Important Details

There are many injuries that can result from whiplash, from minor problems to permanent, painful and disabling injuries. In many of these cases, you will need a source of income to sustain yourself and take care of the medical bills. This is why your lawyer would file a whiplash claim for you.

There are two categories under which this type of personal injury claim may be filed, General Damages and Special Damages. Your lawyer can advise you on the best course of action.

• General Damages cover all the suffering and pain caused by the accident; this type of damage also includes Loss of Enjoyment, in which category are psychological disorders triggered by the accident, such as depression.
• Special Damages are those that require special compensation owing to any unique situation. These damages include compensation for lost earnings, medical treatment expenses, and the costs for special assistance that the injury requires. The rates, compensation and payment schedule are all unique to each case.

But what is common is the need to consult with a lawyer. Personal injury attorneys take up your case and charge you only if they win a claim; if they do not win, you do not have to pay. Also, an experienced personal injury attorney can provide the best assessment of your claim’s chances in court.

So before you settle with an insurance company, make sure you have talked to a lawyer about your accident. It can make a huge difference in the financial outcome of your claim.

Originally Post: Whiplash? Read This Before You Settle a Claim