Archive for 'Featured'

Carbon Monoxide Poisoning Leading Cause of Unintentional Deaths in US says CDC

Centers for Disease Control and Prevention (CDC) research has revealed that carbon monoxide (CO) poisoning was the leading cause of unintentional deaths in the United States between 2000 and 2009. 
  • Non fire related CO poisoning accounts for approximately 15,000 emergency room visits and 500 deaths annually. 
  • 68,316 CO exposures were reported reported to poisoning centers between 2000 and 2009
What is Carbon Monoxide?
According to OSHA, “Carbon monoxide (CO) is a poisonous, colorless, odorless, and tasteless gas. Although it has no detectable odor, CO is often mixed with other gases that do have an odor. So, you can
inhale carbon monoxide right along with gases that you can smell and not even know that CO is present. CO is a common industrial hazard resulting from the incomplete burning of natural gas and any other material containing carbon such as gasoline, kerosene, oil, propane, coal, or wood. Forges, blast furnaces and coke ovens produce CO, but one of the most common sources of exposure in the workplace is the internal combustion engine.”
Why is Carbon Monoxide Harmful?
Carbon monoxide reduces the amount of oxygen delivered to the body’s vital organs such as the heart or the brain. When exposed to large enough amounts of CO it can cause you to suffocate or lose consciousness within minutes. 
What are the Symptoms of CO poisoning?
The most common symptoms of carbon monoxide poisoning include:
  • headache
  • dizziness
  • weakness
  • nausea
  • vomiting
  • chest pain
  • confusion
  • loss of consciousness
  • suffocation
  • death
Carbon Monoxide Poisoning Lawsuits
Carbon Monoxide is produced as a result of the incomplete burning of elements containing carbon.  It forms when there is not enough oxygen to produce carbon dioxide (CO2). 
Injuries and death usually occur when equipment is not properly installed, maintained, or there is inadequate ventilation.
According to an OSHA CO fact sheet, places you may be exposed to harmful levels of CO include:
 
 

  • boiler rooms
  • breweries
  • warehouses
  • petroleum refineries
  • pulp and paper productions

 

  

  • steel production
  • docks
  • blast furnaces
  • coke ovens 

 

Occupations that may cause someone to be exposed to high level of Carbon monoxide include:
 
 

  • Welder
  • Garage Mechanic
  • Firefighter
  • Carbon-black maker
  • Organic chemical synthesizer
  • Metal oxide reducer
  • Longshore worker

 

 
 

  • Diesel engine operator
  • Forklift operator
  • Marine terminal worker
  • Toll booth or tunnel attendant
  • customs inspector
  • Police officer
  • Taxi driver

 

If you or a loved one have been seriously injured by carbon monoxide poisoning due to someone else’s negligence, contact our Attorneys for a free consultation
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$358.5 Million to Sixteen Children Exposed to Dangerous Amounts of Lead

A jury in St. Louis has awarded $358.5 million to sixteen children who suffered injuries when they were exposed to dangerous amounts of lead from a nearby smelting plant.
According to Reuters, Fluor Corporation, Alpha Natural Resources Inc., and Doe Run Investment Holding Co. would pay $320 million in punitive damages, and $38.5 million to compensate them for health issues and lost lifetime wages.
The children range from 11 to 26 years old and alleged that emissions from the Herculaneum, Missouri based smelting plant caused them injuries including ADD and lowered I.Q.s.
According to AboutLawsuits.com, the complaint alleged that the owners of the plant released lead air pollution knowing about the potential health risks.  It also says that they failed to ensure emission levels were safe and failed to alert the public about the potential risk of lead poisoning.
Fluor Corp. plans to appeal the verdict.
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Over the past few decades, there have been significant measures taken to reduce the risk of poisoning through exposure to lead. Our cars are now required to run on unleaded gasoline. The use of lead-based paint is now banned. 

We have limited our exposure to lead for a good reason: lead is a toxic substance that can adversely affect brain development in children, damage the nervous system or kidneys, or even result in death.

We now know that children suffer from permanent brain damage with even extremely small amounts of lead in their blood. The American Academy of Pediatrics calls the situation unacceptable and has called for more action to eliminate this problem once and for all.  Children suffer greatly from exposure to lead. 

  • In large doses, this toxin can cause permanent physiological damage, but even in small doses, the effects can last a lifetime.
  • Brain and nerve function in young victims can severely alter a child’s ability to learn and perform.
  • Teachers reported that students with elevated tooth lead concentrations were more inattentive, hyperactive, disorganized, and less able to follow directions.
  • Additional follow-up of some of those children showed higher rates of failure to graduate from high school, reading disabilities, and greater absenteeism in the final year of high school.
  • Elevated bone lead concentrations are associated with increased attention dysfunction, aggression, and delinquency.
Over the years, Richard Serpe has gained a reputation as being a fierce advocate for the rights of those who have suffered from the careless pollution of their environments. He made history in Virginia when he received a $2,000,000 verdict, which is the largest verdict in the state for a victim of lead poisoning. He has successfully argued for his clients before state and federal courts and has dedicated his career to helping the victims of environmental poisoning receive fair and just treatment. 

If your children have suffered from lead poisoning, and you feel that your needs and concerns are not being taken seriously,  contact the Law Offices of Richard Serpe for a free legal consultation today.

 

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Nursing Home Abuse & Personal Injury

 

Nursing home injuries, and even deaths, are all too common when: a facility is under staffed, its staff members are poorly trained, or when individual staff members just doesn’t care.

If you are currently exploring the residency of a nursing home, for yourself or a loved one, be sure to do your research. Quality ratings, health inspections, quality measures, and nursing home staffing numbers are all very important factors to know about a facility before making a decision. Medicare.gov provides you with all of this information in addition to other resources and checklists to help you make this important decision.

Nursing home malpractice has many forms:

  • Falls in Nursing Homes
    • According to the Centers for Disease Control and Prevention (CDC), about 1,800 patients living in nursing homes die each year from fall related injuries. A nursing home averaging about 100 beds will report 100 to 200 falls each year.
    • 10% to 20% of nursing home falls cause serious injuries
    • 2% to 6% cause fractures
    • Nursing home staff have a responsibility to conduct a fall-risk assessment, which will aid in the reduction and prevention of patients falling.
    • Negligence may occur when a patient has a pattern of falls and there is a clear failure on the part of the staff to apply any sort of accommodation to prevent future falls.
  • Bed Sores or Pressure Sores
    • As defined by MedicineNet.com, a bed sore is: “A painful, often reddened area of degenerating, ulcerated skin caused by pressure and lack of movement, and worsened by exposure to urine or other irritating substances on the skin. Untreated bed sores can become seriously infected or gangrenous. Bed sores are a major problem for patients who are confined to bed or a wheelchair. They can be prevented by moving the patient frequently, changing bedding, and keeping the skin clean and dry. Also called a pressure sore, decubitus sore, or decubitus ulcer.
    • Most often when a bed sore develops, it is usually a clear sign that the patient is not being cared for properly. Reasons for lack of care may include: negligence, under staffing, or poorly trained staff members.
  • Wrongful Death
    • A wrongful death can occur when the death of a patient has occurred due to the nursing home facility’s negligence. The loved one’s family may bring a wrongful death lawsuit against the facility as a result of it’s negligence.
    • Common reasons for wrongful death include: death due to the lack of accommodation for a patient known for falling, death from infection or serious complication from bed sores, dehydration, malnutrition, medication errors, and abuse.
  • Other serious forms of nursing home injuries may include: physical/sexual abuse, and medication errors.

 

Contact Us
If you or a loved one believe to have been seriously injured due to nursing home negligence our Virginia personal injury / medical malpractice attorneys are available to help you understand your legal rights. Contact our office to schedule a free no obligation consultation.

 

Law Offices of Richard J. Serpe, PC
580 East Main Street, Suite 310 Norfolk, VA 23510
E-mail Us or call Toll Free: 877-544-5323
Local: 757-233-0009


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HRT Opens Light Rail in August ; Latest Delay due to safety concerns

After a year and a half of delays and $338 million dollars, HRT has finally announced an opening date for the Tide light rail system. The latest delay in opening the system was because of issues with safety equipment.

The Hampton Roads Transit system has announced that the Tide light rail will officially begin running on August 22, 2011. Prior to its official opening, starting August 19, 2011 they will allow three free days of service to the public.

According to The Virginian Pilot, issues with safety equipment orders, installation, and testing is the cause of the latest delay. Equipment such as light signals and communication systems, are designed to avoid collisions between trains, vehicles, and even accidents with pedestrians.
Even with all of this safety preparation, the negligence of a driver or pedestrian has the potential to cause accidents. HRT is urging that motor vehicle operators and pedestrians to be aware of running trains as additional work and testing continues.

The most worrisome areas are in downtown Norfolk, where in several places, a train and vehicle share the same driving space. In these areas it is critical for drivers and pedestrians to obey new traffic signals and signs to avoid accidents and injuries.



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$54.5 Million Chinese drywall settlement in Florida

Tuesday a Chinese drywall class-action lawsuit was settled for $54.5 million, which will cover the remediation of 2,000 to 3,000 homes in Florida.

According to the Miami Herald, Miami based supplier Banner Supply sold 1.4 million sheets of contaminated Chinese drywall to builders in Florida and has agreed to pay these homeowners in the settlement.

“This is a substantial development in Chinese drywall litigation,” said Ervin Gonzalez, a Miami attorney representing the plaintiffs in the case, in a statement. “It enables Florida homeowners to get some relief from their ongoing Chinese drywall issues.”

Banner Supply claims that the German-based manufacturer lied about the quality of the product and wishes to seek damages against the manufacturer.

Banner Supply has also paid $2 million to 79 homeowners in another class-action in October over Chinese drywall.

Read the FULL Miami Herald Article: Settlement reached in Chinese drywall lawsuit

 

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Glaxo to Settle About 1,000 More Avandia Lawsuits

So far GlaxoSmithKline (GSK) has agreed to pay at least $700 million over the last eight months to settle approximately 12,000 lawsuits relating to the diabetes drug Avandia, according to a Bloomberg report.  The lawsuits allege that Glaxo failed to warn consumers of the fatal side effects such as heart attack and stroke.

The drugmaker is currently speaking with about 1,000 Avandia victims who sued the company in state courts. 

Avandia (rosiglitazone) is a drug, developed by GlaxoSmithKline (GSK), used for the treatment of type 2 diabetes.    It was approved by the Food and Drug Administration (FDA) in 1999. However, since the approval of the drug the FDA has continued monitoring several heart related adverse effects that were of concern during clinical trials.  In 2006 & 2007, the FDA requested that the labeling for the drug be changed as new data showed the potential risks of the drug.

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FDA issues new rules under Food Safety Modernization Act

For the first time, the Food and Drug Administration has announced two new regulations under the Food Safety Modernization Act (FSMA).  According to the FDA’s news release these new regulations will help to ensure the safety and security of food products in the United States.

The rules were approved by the FDA Food Safety Modernization Act, and then signed by President Obama in January. The rules are said to be enacted July 3, 2011.

New Rule #1: It will allow the FDA to detain food they believe to be produced under unsanitary or unsafe conditions. Before this new rule the FDA could do so only when they had credible evidence that the food would cause serious health effects or death to humans or animals.

“This authority strengthens significantly the FDA’s ability to keep potentially harmful food from reaching U.S. consumers,” said FDA Deputy Commissioner for Foods Mike Taylor.  “It is a prime example of how the new food safety law allows FDA to build prevention into our food safety system.”

New Rule #2: This rule requires anyone importing food into the US to inform the FDA if another country has refused the item from entering.  This will help the FDA to target imported foods that may pose a risk to public health.

Since this time the FDA has held several public meetings with industry and consumer groups on preventative control provisions of the law.  They have also reached out to state, federal, and foreign governments.

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Want More Information on Virginia & Food Poisoning?  Virginia Food Poisoning Lawyer

 

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DePuy ASR Lawsuits to be Centralized in NJ

DePuy ASR Hip Implant Lawsuits have been centralized under the Honorable Brian R. Martinotti in New Jersey. Although the New Jersey Supreme Court did not assign the litigation as a “mass tort,” a coordinated discovery process will be handled under Judge Martinotti.

DePuy Orthopaedics, Inc. is a subsidiary of Johnson & Johnson.  The DePuy ASR hip implant was voluntarily recalled on August 26, 2010 after data was received which indicated that after 5 years, 13 % of patients who received the implants need to have a second surgery.

According to the NJ Courts website, litigation involves claims for damages and injuries caused by the hip implants.

 

 

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CPSC updates Chinese drywall remediation guidelines no longer recommending replacement of wiring

The Consumer Product Safety Commission (CPSC) and the US Department of Housing and Urban Development (HUD) released revisions to their Chinese drywall remediation guidelines March 18, 2011. 

The most noteworthy change to their remediation guidelines is that the complete removal of electrical wiring in homes contaminated with the defective Chinese drywall is no longer recommended.  According to an article in NOLA.com, the decision came after the Scandia National Laboratories in New Mexico simulated 40 years of electrical wire exposure of the corrosive sulfide gases found in the problem Chinese drywall, but found no safety risks. This decision could greatly reduce the cost of remediating affected homes.

The replacement of receptacles, switches, ground-fault circuit interrupters, and circuit breakers is still recommended due to corrosion of exposed contact surfaces.

According to NOLA.com, it is unclear if the Chinese drywall homes chosen for the Knauf remediation pilot program, which calls for the replacement of all electrical wiring, will be affected by these changes. 

The CPSC has received approximately 3,810 reports of problem drywall in 42 states.

Click here to see updated CPSC Chinese drywall remediation protocol

 

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CDC Press Release says 1 in 6 Americans get sick from foodbourne illnesses every year

According to a Center for Disease Control (CDC) press release, approximately:

  • 48 million get sick (1 in 6 Americans)
  • 128,000 are hospitalized
  • 3,000 die each year

from foodbourne diseases.  This data was published in two articles in the journal Emeging Infectious Diseases.

The CDC estimates that of the 48 million people who get sick from a foodbourne disease, 9.4 million cases are due to 31 known foodbourne pathogens.  Some of these known pathogens include:

  • Salmonella : this is responsible for about 28% of deaths and 35% of hospitalizations, which is the leading cause for each of those categories.
  • Salmonella, norovirus, Campylobacter, Toxoplasma, E. coli O157, Listeria and Clostridium perfringens accounted for about 90% of the estimated illnesses, hospitalizations, and deaths.
  • An estimated 60% of illnesses were caused by norovirus

The other 38 million cases result from undetermined agents.

Food Recalls
If there is reason to believe that a product will cause consumers to become ill, or a product has been labeled incorrectly and could cause some consumers to have allergic reactions , a food recall is announced. All food recalls are done voluntarily by the manufacturer or distributor of the product. If a governmental agency feels there should be a recall, the manufacturer or distributor is asked to release this information to the public. For more information on food recalls visit Recalls.gov

Virginia Food Poisoning Injuries
The Virginia lawyers at our firm are available to speak with you for an immediate review of food poisoning cases. Food poisoning is all too frequent in Virginia, and often results in a serious injury which requires extensive medical care and heavy medical bills. Food poisoning victims typically feel terrible, lack strength, and don’t have time or energy to deal with conducting research about their legal rights. Unfortunately, this predicament can lead to victims losing access to important information which may have made all the difference in terms of them being able to win their serious food poisoning injury case. 

Legal Claims
Legal claims have been successively brought by food poisoning victims against restaurants which mishandled food and against large food suppliers for massive poisonings across the nation.  For example, a Virginia woman won $111,765 in a food poisoning trial in 2005. She became severely ill after consuming beef products from a local Golden Corral.  In February of 2007, ConAgra Foods Inc. recalled Peter Pan and Great Value peanut butter. A strain of Salmonella was found to be the cause of 425 infected people in 44 different states. A class action lawsuit entitled Ware et al v. ConAgra Foods Inc. is currently pending, along with a number of other lawsuits that have been filed.

Virginia Law & Food Poisoning
A manufacturer or distributor of food makes a “warranty” that it will be fit for consumption. If you believe that the product was unfit for human consumption at the time of delivery, then the manufacturer or distributor has failed to comply with its warranty. Additionally, if you believe that this failure was the cause of your illness or injury, then the law is in your favor.

A restaurant owner, when selling food to its customers, also makes a “warranty.” This warranty means that the restaurant owner has declared that the food products being served are fit for consumption. If you believe that the restaurant sold or served you an unwrapped food product that was not fit for consumption, the restaurant has violated its warranty. If you believe that this warranty has been violated, causing your illness or injury, then the law is in your favor.

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Meridia Diet Drug Withdrawn From the Market as Unsafe

Recent medical studies have proven that the drug Meridia, also known as sibutramine, which was prescribed as a weight loss, diet, or anti-obesity drug dangerously increases blood pressure and causes serious side effects.

Meridia can cause heart attacks ( myocardial infarction or MI ) and stroke. The United States Government Food and Drug Administration (FDA) has concluded that the risks of Meridia to the cardiovascular system outweigh any benefit of the drug. The manufacturer, Abbott Laboratories, has withdrawn the drug from the market, in the face of this medical information documenting the dangers of the Meridia.

If you or a loved one has taken Meridia ( sibutramine) and experienced a:

  • heart attack
  • stroke
  • cardiovascular (CV) injury

you may have a legal claim for compensation or damages. If you wish to learn more about your legal rights to compensation , please contact attorneys Richard Serpe, Richard Lewis, and Frederick Kuykendall today at 1-800-482-5315. We are presently evaluating personal injury and class action claims for Meridia cases.

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Diabetes medication Avandia linked to death & injuries

Avandia (rosiglitazone) is a drug, developed by GlaxoSmithKline (GSK), used for the treatment of type 2 diabetes.    It was approved by the Food and Drug Administration (FDA) in 1999. However, since the approval of the drug the FDA has continued monitoring several heart related adverse effects that were of concern during clinical trials.  In 2006 & 2007, the FDA requested that the labeling for the drug be changed as new data showed the potential risks of the drug.

Since 2006 Avandia users have reported numerous side effects, some of which caused severe medical problems:

  • Headaches and back pain
  • Anemia
  • Swelling or water weight gain (edema)
  • Bone fractures in upper arms, hands, and feet
  • Vision problems, including partial blindness
  • Upper respiratory infections, similar to colds
  • Heart disease, heart attack
  • Increased risk of stroke
  • Liver failure
  • Death

Have you or a loved one been physically injured by the type 2 diabetes drug Avandia? If so, contact our Avandia lawsuit lawyers to learn more on how you can be compensated for your suffering.

Toll Free: 877.644.9365
www.Avandia-Lawsuit-Lawyer.com
Facebook: http://www.facebook.com/avandialawsuit

Time Magazine: Is Avandia the Next Vioxx?

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