Galveston Bay Personal Injury Lawyer

Taser Maker Issues New Safety Warnings

Scott Kappes — Thu, 22 Oct 2009 17:26:31 GMT

Taser International has issued new warning to police agencies throughout the nation to not shoot at the suspect’s chest. The company said that striking a suspect in the chest can in extremely rare instances poses a risk of an adverse cardiac event.

This is the first time that Taser has ever admitted that there may be any risk of cardiac arrest associated with the use of its 50,0000-volt stun gun.

Officials from Taser were quick to point out that the bulletin does in no way state that Tasers can cause cardiac arrest, but rather advises law enforcement authorities that controversy can be avoided if officers aim for other areas of the body.

Over the past several years the safety of Tasers has been questioned and numerous critics claim that the devices are much more dangerous than the manufacturer has lead people to believe.

Earlier this year a 27-year-old Texas City man died from cardiac arrest after being tazed by La Marque police during an altercation. Just last week the officers involved in the incident were cleared of any wrongdoing by a Galveston County grand Jury.

This will likely continue to be a hot topic in the years to come with strong convictions guiding each side of the issue.

Originally posted at InjuryBoard by Scott Kappes

Texas City Man Sues Employer Over Burns from Torch

Scott Kappes — Thu, 24 Sep 2009 13:55:47 GMT

Machinist, Michael Allemand, has filed a personal injury lawsuit against his employer Land Enterprises Inc. in which he claims that he was severely burned when an acetylene torch he was using caught fire.

According to the lawsuit Allemand suffered serious burns to his hands, arms and face as a result of the accident.

Allemand claims that the company had prior knowledge of the dangerous working environment by the acetylene torch that injured him. He is accusing the company of neglecting to watch over him as he worked and failing to maintain a safe working environment.

Allemand is seeking compensation for pain and suffering, impairment and disfigurement. He also claims that his loss of earning capacity due to the accident has hindered his efforts to pay his medical bills.

Allemand is seeking a jury trial.

Originally posted at InjuryBoard by Scott Kappes

Eyelash Thickener Gets Warning From FDA Over Misleading Website

Scott Kappes — Thu, 17 Sep 2009 17:47:55 GMT

The Food and Drug Administration has issued a warning to Allergan Inc., the makers of the eye lash thickener Latisse, claiming that the Latisse website downplays the risks associated with the product.

In a letter dated September 10 the FDA said that the Latisse site did not display adequate warnings about potential side effects associated with Latisse. According to the letter the website either failed to mention or displayed potential side effects in small text that does not attract the same attention as the text highlighting the product’s efficacy.

Potential side effects of Latisse include bacterial eye infection, allergic reactions, excess hair growth outside intended treatment area, and permanent changes in eyelid and iris pigmentation.

Latisse was approved last December by the FDA to make eyelashes fuller, thicker, and darker.

The FDA ordered Allergan to immediately discontinue distribution of “misleading” marketing materials and send an written response to the FDA by the September 24.

Originally posted at InjuryBoard by Scott Kappes

First Yamaha Rhino Rollover Trial Underway

Scott Kappes — Fri, 28 Aug 2009 12:21:27 GMT

A Texas jury has been given the task the of determining whether Yamaha Motor Co. is responsible for damages caused by their allegedly defective Rhino ATV. The jury’s decision will have monumental ramification that will echo throughout the nation and set a precedent that may be cited in future similar cases.

Hundreds of lawsuits have been filed on behalf of individuals that have been injured while using the Yamaha Rhino ATV. The lawsuits claim that the Yamaha Rhino’s design is flawed and makes the Rhino more susceptible to roll-over accidents than other similar vehicles.

The landmark trial which, began last week, involves the death of a 13-year-old boy, Forest “Eddie” Ray, who was tragically while operating a Yamaha Rhino ATV.

The lawsuit alleges that Yamaha chose to skimp on the cost of producing the vehicle and these money saving choice resulted in a defective and dangerous product being sold to the public. Specifically the lawsuit claims that Yamaha failed to equip the Rhino with a rear differential that would have made the vehicle much safer.

The plaintiffs argue that the presence of a rear differential would have prevented the ATV from rolling over when Ray made a turn from grass onto a paved road; however, according to testimony of a Yamaha engineer the Rhino is designed be an “exclusively off-road vehicle.”

The defense also argues that the 13-year-old was left unsupervised and was not wearing a helmet or a seatbelt at the time the accident occurred. Yamaha claims that the Rhino is intended for use only by drivers 16 and older and that drivers and occupants are always encouraged to wear safety belts and protective gear.

Yamaha contends that the Rhino met all safety standards, and in fact had been delayed from the market to ensure that these standards were met.

It will be very interesting to see where the jury comes out on this case. They will undoubtedly be faced with difficult decisions that will take careful deliberation, and hopefully in the end justice will be served.

Originally posted at InjuryBoard by Scott Kappes

New Legislation may Help Chinese Drywall Victims

Scott Kappes — Thu, 20 Aug 2009 13:57:29 GMT

Legislation recently introduced into the Senate could make it easier for homeowners whose homes were built with defective Chinese drywall to seek compensation from foreign manufacturers. If the Foreign Manufacturers Legal Accountability Act of 2009 successfully passes through Congress it will attempt to make it a far easier task to bring foreign companies before an American court over product liability claims.

Legal analysts say current laws contain so many loopholes that foreign manufacturers of shoddy equipment are rarely penalized by the legal system.

The new legislation would require foreign manufacturers to retain a representative of the business in at least one U.S. state who could be served in the event of a lawsuit being filed.

American companies are held to full accountability that the products that they manufacture are safe for use by American consumers. The new bill would hold foreign manufacturers to the same level of accountability.

This would affect not only Chinese drywall but countless other foreign made products that flood into the U.S. Over the last 15 years foreign imports have tripled and are expected to double again in the future. As imports continue to increase it is important for foreign companies to be held accountable for the products that they produce to ensure the safety of the American consumer.

Several lawsuits have been filed against Chinese manufacturers allegedly responsible for producing defective Chinese drywall that is currently wreaking havoc on thousands of American homes. This new legislation could make it much easier for the thousands of homeowners and dozens of builders struggling with the issue to seek compensation from the Chinese manufacturers.

Originally posted at InjuryBoard by Scott Kappes

CPSC Takes Chinese Drywall Investigation to Source

Scott Kappes — Thu, 13 Aug 2009 18:20:40 GMT

According to the Consumer Product Safety Commission’s latest Chinese drywall updates the agency will be taking the investigation of tainted Chinese drywall overseas. The August update confirms that the CPSC has received approval from the Chinese government to embark on an investigative visit beginning on August 17.

Over 200 reports of possible Chinese drywall were submitted to the CPSC in the month of July alone, bringing the total number complaints reported to the agency to over 800.

Last month the CPSC also received reports from two additional states, Pennsylvania and South Carolina, raising the total to 23 states and the District of Columbia.

The U.S. Environmental Protection Agency is investigating reports that radioactive phosphogypsum was used in some drywall. It expects those analyses will be completed later this month.

Some types of Chinese drywall emit a foul “rotten egg” smell and have allegedly caused corrosion to metal objects in homes containing the allegedly defective products. Some estimate that as many as 100,000 homes may contain the product.

If you suspect that your home may contain Chinese Drywall you should an experienced attorney to evaluate your legal rights.

Originally posted at InjuryBoard by Scott Kappes

Feeding Tube Error May Have Caused Patient’s Death

Scott Kappes — Mon, 10 Aug 2009 15:40:37 GMT

The family of Elbert Eugene “Gene” Riggs Jr. has filed a lawsuit against the Brooke Army Medical Center in San Antonio where an improperly inserted feeding tube allegedly directly lead to Riggs death. The feeding tube was mistakenly inserted to into Riggs’ right lung rather than his stomach, where it continued to feed and fill his lung for several hours before the mistake was discovered.

After the mistake was discovered by an X-ray, the doctor failed to correct the problem in time, according to the lawsuit filed on behalf of Riggs.

Government attorneys representing BAMC admit that the feeding tube was misplaced upon initial insertion, but deny that the error contributed to Riggs’ death in a written response to the lawsuit. Instead, government attorneys claim that Riggs died as a result of underlying health problems, including chronic leukemia.

Gene Riggs died on September 19, 2006 just five days short of he and his wife Tinie’s 57^th wedding anniversary.

Tinie Riggs said she is suing the government out of principle — by law, you cannot sue individual military hospitals or military doctors — not just money, although she could win around $1.7 million for wrongful death and up to $250,000 for noneconomic losses.

“I'm doing this because the system if broken,” she said. “The system is broken, and it's time to fix it.”

Originally posted at InjuryBoard by Scott Kappes

Homeland Security Report Criticizes FEMA Over Response to Formaldehyde Complaints

Scott Kappes — Tue, 28 Jul 2009 15:13:57 GMT

According to a Homeland Security Department report FEMA took too long to respond to initial reports of dangerous levels of formaldehyde in trailers used to house victims of Hurricane Katrina and Hurricane Rita in 2005. The report claims that FEMA “did not display ungency” to the problem that may have posed “a significant health risk” to the inhabitants of trailers.

A total of about 203,000 travel trailers and mobile homes to temporarily house some 700,000 people that were displaced by the vicious hurricanes of 2005.

Most of those that were living the trailers have since moved out; however, about 3,000 units still serve as a primary home for some hurricane victims in Mississippi and Louisiana.

According to the report approximately one in every three temporary housing units had “significant potential formaldehyde problems.”

Clark Stevens, a FEMA spokesman, said the agency agreed with the findings. He said FEMA "has already made great progress" to ensure its trailers and mobile homes were safe.

"When they (FEMA officials) did learn of the formaldehyde problems, nearly a year passed before any testing program was started and nearly two years passed before occupied trailers were tested and the occupants were informed of the extent of formaldehyde problems and potential health threats," the report said.

See the full report from the Homeland Security Department inspector general click here.

Originally posted at InjuryBoard by Scott Kappes

Saints’ Head Coach Has Filed Chinese Drywall Lawsuit

Scott Kappes — Tue, 21 Jul 2009 14:49:45 GMT

The head football coach of the New Orleans Saints has filed a lawsuit against a Chinese drywall manufacturer claiming that his Mandeville home contains defective drywall that has caused significant damage to items within his home. The Peyton’s attorney said in a statement that “[they] have confirmed that his home has Chinese drywall and it needs to be rehabbed and fixed.”

In an interview with CNN, Payton said about the possibly tainted drywall from China,
"We’ve had 5 computer failures, we're on our 4th hard drive right now. We had 13 air conditioner service calls and three different coil failures. We're on our third microwave oven panel, we’ve had to install a second set of phone lines, and a second alarm system."

Homeowners in at least 21 states have filed complaints alleging that Chinese drywall used in their homes has caused damage to wiring and electrical components in their homes. Many have also alleged a plethora of health problems allegedly have been induced by the presence of Chinese drywall in their homes.

EPA tests have found the presence of sulfur and two organic compounds associated with acrylic paint in Chinese drywall. These elements are not found in American-made drywall. More tests are needed to determine the exact cause of problems associated with Chinese drywall.

Originally posted at InjuryBoard by Scott Kappes

Western Washington University Building Evacuated for Possible Asbestos Contamination

Scott Kappes — Wed, 15 Jul 2009 18:14:25 GMT

The Humanities Building at Western Washington University was evacuated Monday when and error in renovation work may have released harmful asbestos fibers into the air of the building.

Gayle Shipley, of the University’s Environmental Health and Safety department, told the Bellingham Herald that a contractor doing renovation work failed to properly seal and bag a piece asbestos laden ceiling material before removing it from the building, potentially allowing the toxic asbestos fibers to be released into the rest of the building.

Exposure to asbestos can lead to the development of a rare and extremely dangerous form of cancer known as Mesothelioma. Mesothelioma cancer affects the thin layer of tissue that surrounds the internal organs of the body and has no universally effective treatment to date.

No injuries have been reported in association with the incident and clean-up contractors are assessing the situation.

Originally posted at InjuryBoard by Scott Kappes