Norfolk Personal Injury Lawyer Blog

Is Brain Damage from Lead Permanent?

Medical studies have examined whether children’s school performance is related to their exposure to lead. These studies have demonstrated that many academic skills and performance suffer from that exposure. These studies have also demonstrated that for school skills and performance are persistent problems which resulted in learning disabilities and a very high rate of failure to graduate from high school. These studies also demonstrate that these academic problems have an enduring and negative impact on success in real life.

In one of the most important research projects in the field Dr. Herbert Needleman followed a group of children who had been exposed to lead. He published a medical article in the New England Journal of medicine providing his findings of an 11 year or follow-up for these lead poisoned children. The children with the highest lead exposures were seven times more likely to drop out of high school. Higher lead levels were also associated with lower class rank, increased absenteeism, lower scores on vocabulary and grammatical reasoning tests, significantly slower finger-tapping speed, longer reaction times, poorer hand-I coordination, and lower reading scores. These impairments of reading skills were sufficiently extensive to be labeled reading disability (indicated by scores to grades below the expected scores).

Recent studies have used cutting edge diagnostic procedures such as MRI and MRS to assess direct measures of brain damage. These studies have given strong support to the conclusion that brain damage from lead poisoning is permanent. In the fall of 2006 and important paper was published in the Journal of Pediatrics providing stunning visual representations of the brain damage from lead poisoning.

 There have also been efforts to determine whether brain damage from lead can be reversed by providing chelation therapy to children. Regrettably, these studies show that very little can be done medically for children once they are lead poisoned. These studies point to the need to undertake aggressive steps to eliminate any chance of lead exposure for young children. In addition, these studies have demonstrated that brain damage from lead does not stop occurring as children get older. To the contrary, even lead exposure for school age children has been demonstrated to result in permanent loss of intelligence.

Hampton Roads homebuilder under scrutiny for alleged use of Chinese drywall

Virginia Beach-based homebuilders Dragas Management Corp. have been named in numerous Chinese drywall complaints.  Owners of Dragas-built homes in The Hampshires at Greenbrier in Chesapeake and Cromwell Park in Virginia Beach have reported a rotten-egg odor and significant corrosion of metal in their homes.  Dragas responded to the complaints by agreeing to inspect nearly every home it built in the two neighborhoods; after some inspection the company released a statement claiming that the drywall it installed in those homes “appears to emit elevated levels of sulfur compounds that may corrode air conditioning coils, any may damage other mechanical and electrical systems over time.”  The company also stated that the wallboard in question was imported in 2006 and that Dragas Management had no knowledge of its defects.  Furthermore, the builder is now offering to repair the homes in order to circumvent seemingly imminent litigation.  The saga of Dragas Management is closely tied to now-defunct materials distributor Venture Supply Inc., the alleged supplier of defective drywall to Dragas; Venture closed its doors on June 30 due to widespread allegations of distributing Chinese drywall, and has recently been named in Proto v. Venture Supply Inc., the first Chinese drywall suit to make it to court in Virginia. The Dragas controversy is the latest development in Southeastern Virginia’s growing Chinese drywall dilemma.

Scammers cashing in on Chinese drywall crisis

Florida Attorney General Bill McCollum has advised his constituents to beware of scamming operations borne from the current Chinese drywall hysteria pervading the Southeast.  McCollum has received numerous reports of scams offering phony tests to determine the presence of Chinese drywall and false remedies for the damages caused by it.  Some of these supposed “cures” for defective drywall–such as ozone generators and spray-on products–have actually been shown to accelerate the damaging effects of defective drywall; yet con artists have been successful in marketing such products to distressed homeowners throughout Florida.  Other scammers are masquerading as scientific “experts,” charging exorbitant fees for phony home inspections.  McCollum advised homeowners to be particularly wary of “experts” who soliicit their services via phone calls and door-to-door advertisement.  While it is unclear whether the wave of scamming has hit Virginia, it is certainly important that all homeowners in areas affected by Chinese drywall be aware of this fraudulent activity.

VA, FL legislators seeking tax relief for Chinese drywall victims

Last month, the Internal Revenue Service implemented special tax deductions for homeowners severely affected by Chinese drywall. United States Senator Jim Webb (D-VA) wrote to the agency in June, claiming that deductions would be necessary to relieve the enormous financial burden faced by many of his constituents with Chinese drywall. Such tax breaks, according to Webb’s statement, would be permissible on the premise that drywall damages fall under the category of “casualty losses”–losses of property not connected with a trade or business or a transaction entered into for profit, if such losses arise from fire, storm, shipwreck or other casualty or from theft. Congressman Glenn Nye (D-VA), who signed on to Webb’s letter, claimed that the damages caused by defective drywall are “just as severe as any fire or flood” and that homeowners should be entitled to the same financial protection as fire and flood victims. Webb’s letter also earned endorsement from Senators Mark Warner (D-VA) and Bill Nelson (D-FL). Thanks to congressional initiative, distressed homeowners with defective drywall now have some financial recourse.

Fatal Kiteboarding Accident in North Carolina

Gusty winds proved deadly for a Canadian kiteboarder riding in Pamlico Sound on Easter weekend. 

Ontario resident Timothy Holman was kiteboarding near Avon, NC around 6 p.m. on April 11 when a severe weather front arrived abruptly, causing the wind to gust from about 15 mph to 35 mph in a matter of seconds. 

The sudden turbulence swept up Holman, who then fell approxiamtely 40 feet and was dragged across the water by his kite; he was face-down in the water by the time help arrived.  

Carl Giordano, marketing director of Hatteras-based company Real Watersports, claimed that Holman’s only mistake was neglecting to get out of the water before the weather front arrived. “The weather came in fast–you could see it on the horizon,” he said, “[but] that front was predicted all day.” 

The incident, which is the first fatal kiteboarding accident on Hatteras Island, serves as a cautionary tale to all watersports enthusiasts who court the volatile weather of the Outer Banks.

Washington Update: Senators, Congressmen Pushing New Chinese Drywall Bills

A few weeks ago, the City Councils of Virginia Beach and Norfolk became the first two legislative bodies to pass a formal ban on Chinese drywall.  Now, the effort to ban defective wallboard is garnering support in U.S. Congress.  Senators Mary Landrieu (D-LA) and Bill Nelson (D-FL) are co-sponsoring the Drywall Safety Act of 2009, which calls for a strict ban on imported wallboard as well as a recall of Chinese drywall imported between 2004 and 2007.  The bill would put the Consumer Product Safety Commission in charge of the recall, despite widespread outrage over the agency’s initial failure to address the Chinese drywall crisis; Senator Landrieu claims, “The Consumer Product Safety Commission should have been the first line of defense in preventing this inferior product from entering the U.S. market in the first place.”  Representative Bill Wexler (D-FL) has sponsored the bill’s counterpart in the House.  While the new legislation has yet to come to a vote, it is another indicator of looming federal intervention in the Chinese drywall dilemma.

The Link Between Pain Pumps and PAGCL

Postarthroscopic Glenohumeral Chondrolysis is a condition that occurs in the shoulder when cartilage deteriorates and bones grind together.  There are many likely causes for PAGCL, one of which is the usage of shoulder pain pumps.  The pumps are often used following arthroscopic surgery and inject pain anesthetics into the shoulder.  The American Journal of Sports Medicine and Dr. Charles Beck conducted studies that proved a significant connection with intra-articular (directly in the shoulder joint) use of pain pumps and the deterioration of cartilage in the shoulder.  “Approximately 63% of patients that use pain pumps after surgery develop PAGCL,” said Beck, an orthopedic surgeon.  There is no cure for PAGCL.  Individuals who suffer from PAGCL often require numerous additional surgeries and ultimately a partial or complete shoulder replacement. While the Food and Drug Administration approved the pumps for insertion into the tissue, it refused to clear the devices for direct application in the shoulder joint.  The manufacturers ignored the FDA’s warnings and promoted direct application anyway—now they are subject to innumerable negligence lawsuits. 

DonJoy Pain Pumps

DonJoy Inc. is a global medical technology firm based in California, and one of the many manufacturers of defective shoulder pain pumps.  DonJoy makes two different kinds of the pump, the Accufuser Plus and the DonJoy Pain Control Device.  Studies have concluded that certain applications of these pumps may cause a disabling condition called Postarthroscopic Glenohumeral Chondrolysis (PAGCL).  Pain pumps provide a continuous flow of medication to the surgical site and patients detach the pump once their pain has been alleviated.  Pain pump manufacturers like DonJoy were never granted permission by the Food and Drug Administration to directly insert pain pumps into the shoulder joint; the FDA only approved placement of the pump in the tissue.  Without FDA approval for direct application in the shoulder joint, DonJoy still promoted its products to surgeons.  The manufacturer is now facing more than a few negligence lawsuits.

Pain Pumps Cause Serious Shoulder Condition

Postarthroscopic Glenohumeral Chondrolysis (PAGCL) is an extremely painful condition in which the cartilage of the shoulder joint deteriorates.  Patients who undergo shoulder arthroscopy often use a medication pump to deal with post-surgical pain.  The pain injects medication into the surgical site via a catheter.  For many years, pain pumps have been inserted directly into the shoulder joint—an application that has turned out to be extremely dangerous. A recent study by the American Journal of Sports Medicine linked pain pumps with PAGCL.  The high levels of anesthetics in the pumps’ medication may also be to blame for the debilitating condition.  Shoulder arthroscopy is proclaimed to be less risky than open surgery, but complications with pain pumps have brought that theory into question.  PAGCL often  requires further surgeries.  Some of its symptoms include decreased range of motion, stiffness, loss of strength, and bone-and bone grinding when the shoulder is in motion.

Pain Pumps Linked to Cartilage Damage

A well-respected orthopedic surgeon has issued a warning that a small device to reduce pain can cause permanent cartilage damage in the shoulder.  These devices have been used in thousands of patients across the country and hundreds of lawsuits against manufacturers have now been filed.  The insertion of pain pumps into the joint and injection of pain medication have been responsible for burning the cartilage.  With little or no cartilage in the shoulder, patients develop a condition known as Postarthroscopic Glenohumeral Chondrolysis (PAGCL).  Symptoms of PAGCL usually manifest two to twelve months after the surgery and can include a decreased range of motion and constant stiffness.   Additional surgery and sometimes a complete shoulder replacement is necessary.  While the pumps are FDA-approved for placement in the tissue, placement directly in the shoulder joint was declared unsafe.  Some sources claim that anesthetic companies are partially responsible as well, but far fewer lawsuits have been filed against them. 

Can Pain Pumps Be Safe?

Obstetricians and gynecologists are now using pain pumps to ease a woman’s pain from Caesarean section deliveries and hysterectomies.  The On-Q Painbuster manufactured by the I-Flow Corporation has been most popular.  This same pump has been under scrutiny for its adverse effects on shoulder and knee arthroscopy patients.  These pumps cause chondrolysis and manufacturers are the target of numerous lawsuits.  The On-Q Painbuster uses a tiny balloon that holds local anesthetics which are fed through a thin catheter and inserted into the surgical site.  The patient is then released from the hospital with the device still implanted for two to three days.  The balloon is then discarded by the woman when appropriate.  Doctors say these pain pumps help quicken recovery after surgery.  Doctors are aware of the possibility of chrondrolysis when the pain pump is used in shoulder and knee joints, but there is no record of adverse effects when the pump is used after C-sections and hysterectomies. 

Pain Pump Manufacturers Still Enjoying Profits

There are an estimated 140 lawsuits against pain pump manufacturers like the I-Flow Corporation.  Since the release of evidence that connects pain pumps to chondrolysis, the number of lawsuits has increased drastically.  Pain pumps are used in conjunction with post-operative shoulder and knee arthroscopy.  The pain pump is attached by a catheter and implanted into the surgical site, where it administers the medication.  The Food and Drug Administration approved pain pump manufacturers to insert the catheter into the tissue, but in 2000 manufacturers sought to have the catheter inserted into the shoulder joint.  The FDA disapproved of this because safety cautions had never been proven.  Despite lawsuits against companies such as the I-Flow Corporation, their quarterly financial reports show no sharp decline.  The company announced that total revenue for the first quarter of 2009 has increased by 9%, approximately $2.5 million.  I-Flow is, however, bracing for potentially substantial losses depending on the outcome of the impending litigation.