Cleveland Personal Injury Lawyer

Australian researchers study link between fertility treatments and birth defects

Amber Scott — Fri, 11 May 2012 16:28:53 GMT

Every year, more than 3.7 million babies are born with the help of fertility treatments, but a new study out of Australia suggests that they’re more likely to be born with birth defects. Researchers studied popular treatments including fertility drug Clomid, in-vitro fertilization (IVF), egg fertilizer outside the body, and intracytoplasmic sperm injection.

Out of 300,000 babies born in Australia, 18,000 were born with major birth defects such as cerebral palsy, heart, and gastrointestinal defects. Researchers found that fertility treatments increased birth defect risk 8.3 percent, compared to 5.8 percent. Babies conceived through IVF face a 7.2 percent chance of being born with birth defects while babies conceived through ICSI were 9.9 percent likely. This risk tripled for women who used Clomid.

These study results seem devastating as more than 6 million women in the U.S. have trouble bearing children. In 2009, more than 60,000 babies were conceived through 146,000 attempts using IVF or ICSI, while another 5 percent were conceived through fertility medications. Women utilizing fertility treatments continue to skyrocket as more women wait until later age to conceive.

The chances of conceiving are different for every woman as well as the risks and benefits of fertility treatments. Researchers suggest that the findings should not scare nor discourage women from using fertility treatments. Dr. James Goldfarb, director of the Fertility Center at University Hospitals Case Medical Center in Cleveland says birth defects may be caused by what causes the infertility, rather than IVF.

“The majority of problems with IVF babies are because the patients undergoing the procedure are more susceptible to the problems,” he says.

Originally posted at InjuryBoard by Amber Scott

Pulmonary embolism can happen to anyone, just ask Serena Williams

Amber Scott — Thu, 10 May 2012 16:33:11 GMT

Last Friday, tennis sensation Serena Williams told Piers Morgan that last year’s pulmonary embolism surgery was “a lot easier” to endure than her recent breakup. Her ex should be flattered, since pulmonary embolisms kill 60,000 people each year, according to the American Heart Association. That said, you may wonder what a pulmonary embolism is and how someone so young and athletic suffered one.

First, you should know where the pulmonary artery is and what it does. About an inch wide and 2 inches long, the pulmonary artery sits at the base of the heart’s right ventricle and branches into two arteries that pump de-oxygenated blood to each corresponding lung. A pulmonary embolism occurs when a blood clot forms in one of the body’s larger veins – often the legs – and travels until it lodges in one of those two arteries. As oxygen levels in the body decrease, and pressure builds in the heart, the person suffering the pulmonary embolism may feel lightheaded and short of breath. She may also feel sharp chest pain that gets worse when inhaling, and she may cough up blood.

According to MedicineNet.com, “[E]ven those who are healthy and fit can be at risk for pulmonary embolism due to prolonged immobilization (as with extended car or plane travel or hospitalization and bed rest) or circumstances that damage the blood vessel walls, making a clot more likely to form.”

In July of 2010, Serena needed 18 stitches and surgery after stepping on a shard of glass. She continued to have problems with that foot, so she underwent more surgery last February. She likely suffered the pulmonary embolism on the long flight from New York to Los Angeles.

Dr. Michael Jaff, medical director for Massachusetts General Hospital Vascular Center, told Boston.com that traveling such a long distance with an immobilized foot increased her risk for developing a blood clot. “Sitting for prolonged periods where blood can pool in the feet can cause increased clotting, especially if the blood is unable to circulate easily due to a bandage or cast,” he said. If travel is unavoidable, Jaff prescribes blood thinners for his patients. Blood thinners allow blood to flow past the artery blockage, and patients typically continue to take them for three to six months after suffering a pulmonary embolism.

Smoking, old age, and obesity increase one’s risk of developing a blood clot. Taking birth control like Yaz would have tripled Serena’s risk of developing one. In fact, Bayer Healthcare Pharmaceuticals recently settled 500 of nearly 11,300 lawsuits pending in the United States. If you suffered a pulmonary embolism while taking Yaz, contact a Yaz settlement attorney to discuss your potential claim.

Originally posted at InjuryBoard by Amber Scott

Obese actress dies; husband sues doctors

Amber Scott — Thu, 10 May 2012 15:51:08 GMT

Plus-size model and actress Mia Amber Davis died of a pulmonary embolism last May at age 36. Now, husband and comedian Mike Yard is suing the doctor who prescribed her birth control pills and the doctor who cleared her for knee surgery.

According to the National Blood Clot Alliance, birth control pills triple or quadruple a woman’s risk of developing a blood clot. Currently, Bayer Healthcare Pharmaceuticals is settling Yaz and Yasmin lawsuits, because the pills are known to cause deep vein thrombosis, heart attack, stroke, and pulmonary embolism.

Though the National Blood Clot Alliance’s website says only one in 3,000 women will develop a blood clot, Davis’ weight increased her odds. Thus, Yard says Davis’ gynecologist should have suggested she use condoms or another form of birth control rather than prescribe Balziva and Zenchent. Yard’s lawsuit states that both contraceptives are “known to greatly increase pulmonary embolisms especially combined with Mia’s health risk factors.”

Leg surgeries also increase one’s odds of developing a pulmonary embolism, or a blood clot that travels to a person’s lungs from another part of his body and blocks the pulmonary artery. Blood clots often begin in the legs – a condition called deep vein thrombosis. So knowing that Davis was obese, that she had high cholesterol – which increases one’s risk of having a heart attack or stroke – and that she was taking Zenchent, Yard feels her family practitioner should not have cleared her for knee surgery. But he did, and she died a day after surgery.

Yard is suing for the loss of love, companionship, and moral support he lost when his wife died. Do you think he has a winnable physician negligence case?

Originally posted at InjuryBoard by Amber Scott

Something to remember on Cinco de Mayo

Amber Scott — Fri, 04 May 2012 15:07:30 GMT

It’s Saturday night. Time to party. Driving to your job as bartender in downtown Cleveland, you sing along with the radio and amp yourself up to help throngs of people get wasted and have a great time.

When you arrive, though, you see several police cars and two totaled hulks of metal that apparently used to be cars. Inside the bar, a friend tells you that a guy left drunk, got into his car, and slammed into another vehicle, killing himself and the other person. You notice the look on her face as she tells you she served him his last drink.

According to Mothers Against Drunk Driving’s website, someone is involved in an alcohol-related crash every minute. Every 50 minutes, someone will die in an alcohol-related accident.

Here in Ohio, the number of people killed in an alcohol-caused crash dropped dramatically between 1982 and 2009, according to AlcoholAlert.com. Out of 1,607 traffic fatalities in 1982, 966 involved at least one driver, pedestrian, or bicyclist with a Blood Alcohol Concentration over the legal limit. Out of 1,021 traffic fatalities in 2009, 378 involved someone under the influence.

Unfortunately, that number’s been on the uptick since 2010. The Columbus Dispatch reported today that while DUI-related deaths have decreased across the country, they’ve increased in Ohio by 5 percent when looking at federal numbers, and 10 percent when looking at state stats. So far this year, state troopers have cited 22,474 drivers for drunk driving. Nearly 150,000 Ohioans have been convicted of drunken driving three or more times.

State highway patrol officers often set up DUI checkpoints on major holidays – or major drinking holidays like Cinco de Mayo – but bartenders have a responsibility to get people home safe, too. In 42 states, including Ohio, dram shop liability laws hold the person who served or sold alcohol to an obviously intoxicated person liable for injuries that person causes.

“When a bar or restaurant shirks its responsibility to cut off an obviously drunk patron, the danger to you and your family is grave as soon as the patron leaves,” says Spangenberg Law Firm attorney Rhonda Debevec.

If you have been hurt by drunk driver, you may be able to file a lawsuit against the business who overserved the customer. Contact an experienced dram shop attorney today to find out if you have a case.

Originally posted at InjuryBoard by Amber Scott

Getting hit by a car was a bad way to start my weekend ... and probably hers, too

Miranda Miller — Fri, 04 May 2012 10:15:32 GMT

Crossing East 14th and Lakeside in Cleveland each day on my walk to my new job, I wondered when I was going to get hit by someone too eager to turn right on red. After a few close calls, I stopped crossing 14th's two lanes, choosing instead to cross Lakeside's four, which seems safer. Like an abused animal that shies away from people, I learned to be timid of inattentive drivers one Friday evening last summer when a lawyer barreled up out of an underground garage and struck me with her Volvo as I walked down the sidewalk. Let me tell you: road rash hurts.

This morning, another woman learned not to cross 14th. As I idled behind two cars attempting to turn right on red, she lay splayed on the ground in front of a four-door coupe. Immediately, I reached for my phone and dialed 9-1-1.

“Were you involved in the accident?” a female dispatcher asked.

“No. I didn’t even see it. I just pulled up and saw that she’s on the ground in front of the car,” I replied.

“Does she appear to be breathing?” the dispatcher asked.

“Yes. She’s holding her head.”

“Is there blood on the ground?”

“I don’t think so,” I replied. “But I can’t really tell from here.”

Just as the dispatcher told me someone already called and that a fire truck was on its way, a fire truck and an ambulance arrived.

In honor of her injury – and, ok, mine – and to avoid future pedestrian accidents, maybe now is a good time to review Ohio Revised Code pedestrian laws.

Pedestrians facing [a “walk” signal] may proceed across the roadway and shall be given the right of way by the drivers of all other vehicles.
Drivers must stop their vehicle immediately prior to driving onto a sidewalk or the sidewalk area that extends across the road or alley upon which they are driving.
The driver of a vehicle shall yield the right-of-way to any pedestrian on a sidewalk.

If someone hits you, don’t settle with the driver’s insurance company like I did. Discuss your case with an attorney experienced in personal injury and litigation areas like distracted driving accidents. You won't regret it if you do. You'll only regret it if you don't.

Originally posted at InjuryBoard by Miranda Miller

Nursing home patient dies of baseball-sized bedsore; family wins $3.2 million judgment

Amber Scott — Thu, 03 May 2012 15:46:44 GMT

A Colorado jury just awarded an 88-year old man’s family $3.2 million, because nursing home staff at Pioneer Healthcare Center didn’t tell anyone about his baseball-sized bedsore until it was too late.

The patient, Frazier, was admitted to the nursing home in 2009 when he was diagnosed with Parkinson’s disease, which causes tremors and difficulty with movement and coordination. Before developing the bedsore, Frazier could walk to the cafeteria with assistance. Post-bedsore, he confined himself to his bed, and stopped eating, drinking, walking, and talking.

Once a nurse’s aide, who was afraid of being fired, finally told Frazier’s son, Mark, about the infected bedsore on the man’s buttocks and scrotum, Mark insisted that his father be taken to a hospital. Incredibly, the nursing home replied that Frazier should be treated there.

Ultimately, Frazier did go to a hospital but died of malnourishment and dehydration. Since then, Colorado’s Health Department has cited Pioneer Healthcare Center for 27 deficiencies. Surveyors can cite any number of 190 deficiencies in categories like quality of care, dietary services, infection control, quality of life, and rehabilitative services. Among other indiscretions, Pioneer was cited for the following between March 2008 and November 2011:

failing to make sure the nursing home area was free of dangers that could cause accidents;
not providing needed housekeeping and maintenance;
not providing three meals daily at regular times; not serving breakfast within 14 hours after dinner; or not offering a snack at bedtime.
failing to ensure that residents taking drugs weren’t given too many doses; 2) failing to ensure drug use was observed; or 3) failing to change drugs causing side effects.
not providing that built or maintained a resident’s dignity and self-respect; and
failing to tell the doctor and a family member if a resident was injured and/or if there was a major change in a resident's physical or mental health.

According to a 2008 Health and Human Services report, a median of 91 percent of surveyed nursing homes were cited in the three preceding years. That’s a 10 percent spike from 1998. Worse, the number of deficiencies cited per nursing home increased as well.

Of course, the percentage of nursing homes with deficiencies and the number of deficiencies per nursing home varies widely from state to state. In Colorado, the percentage rose from 95 in 2005 to 96.6 in 2007. Here in Ohio, 86.1 percent were cited in 2005 and 87.4 percent were cited in 2007. More recently, USA Today issued a rating report based on Medicare and Medicaid Services analysis in which three of Cleveland’s nursing homes were rated as “consistently bad.”

If you’re considering moving a relative into a nursing home, Medicare.gov offers a nursing home comparison checker. If you already have a relative in a nursing home, be sure to look out for bedsores, which are caused by pressure and lack of movement. Exposure to urine can make them worse. An untreated bedsore can lead to infection or gangrene that can cause death or amputation.

If you suspect your relative is being neglected or abused, talk to the nurses, talk to the doctors, talk to your Department of Health, or contact an experienced nursing home negligence attorney.

Originally posted at InjuryBoard by Amber Scott

Conflicts of interest in the pharmaceutical world

Miranda Miller — Wed, 02 May 2012 12:10:54 GMT

Earlier this year, we learned that belle-of-the-butter southern cooking queen Paula Deen concealed her type 2 diabetes for three years. With obesity rates shooting through the roof like Paula’s glucose level, we all know by now that poor diet, lack of exercise, and excess weight around the middle increase one’s risk for developing the adult onset disease. Apparently, portly Paula – whom chef and Travel Channel host Anthony Bourdain calls the “most dangerous woman in America” – ate a little too much of her own cooking.

Worse, she’s now touting Danish diabetes drug Victoza, a prefilled injection pen that pushes the pancreas to produce the right amount of insulin into the blood to regulate sugar levels. Paula stands to gain millions by anyone baking the sour cream poundcake, Krispy Kreme bread pudding, and French toast casserole recipes on her website.

“I find that in excruciatingly bad taste," Bourdain told Good Morning America in April. "It's unconscionable, cynical, and greedy.”

One might now say the same about German pharmaceutical giant Bayer. The company is currently settling Yaz and Yasmin lawsuits because the birth control pills can cause pulmonary embolism and deep vein thrombosis, a blood clot that forms in large veins and can dislodge, traveling to the lungs, and block the pulmonary artery. Now, the company is asking European Medicines Agency to approve anti-blood clotting pill Xarelto for treatment of … wait for it … pulmonary embolism.

Maybe it’s just me, but I can’t help but think of C+C Music Factory’s 1991 hit “Things that make you go hmm.”

Originally posted at InjuryBoard by Miranda Miller

A conspiracy theorist with a cell phone is a dangerous thing

Miranda Miller — Tue, 01 May 2012 16:15:06 GMT

I can’t help but shake my head when I read comments that follow stories about the National Highway Transportation Safety Administration requiring little black boxes in all passenger vehicles next year, or U.S. Transportation Secretary Ray LaHood attempting to ban cell phone use while driving.

“Big Brother wants to ride along with you,” writes one man.

“I’m concerned about the government’s constant attempt to regulate our lives,” says one woman. “One piece at a time, they pick away at our personal freedom and that is the real issue here, in my opinion.”

Really?

I think the issue is you veering into my lane while typing your conspiracy theorist comment on your teeny tiny phone keys. I think I should be free to drive home after a long day at work without you T-boning me when you run a red light because you just had to send that last text. I also think that when you do hit me, I should be free to pull the Event Data Recorder information from your car to see how fast you were going and whether you even attempted to slam on your brakes. Then I should be free to use that information in court to sue you, if I’m lucky enough to be alive.

But I know: Whereas I believe the maxim, “If you didn’t do anything wrong, you have nothing to worry about,” the conspiracy theorist will counter with, “If I’m not doing anything wrong, then why do you need to watch me?” The conspiracy theorist only thinks in terms of himself and his precious privacy. The conspiracy theorist never considers that the government isn’t watching him; instead it’s watching over the rest of us. Nor does the conspiracy theorist consider the void distracted driving accidents cause when a mother, father, son, or daughter is buried. That is, of course, until the conspiracy theorist’s mother, father, son, or daughter is killed in a distracted driving accident. Then the conspiracy theorist demands justice…and wonders why his government fails him.

Originally posted at InjuryBoard by Miranda Miller

KFC Food Poisoning Leads to $8 Million Verdict

Miranda Miller — Tue, 01 May 2012 12:57:18 GMT

Fried chicken, iceberg lettuce, tomatoes, and mayo…Sounds good, right? Seven years ago, seven-year-old Monica Samaan thought so, too. But after sharing her Kentucky Fried Chicken Twister wrap with her family in Sydney, Australia, the four came down with food poisoning. Monica suffered the most – salmonella encephalopathy, a brain injury that can cause seizures, and, in Monica’s case, blood infection, septic shock, and paralysis.

You may wonder how such a thing can happen. And considering the Centers for Disease Control and Prevention says 1 in 6 people will get sick with food poisoning; 128,000 thousand people will be hospitalized for food poisoning; and 3,000 people will die from food poisoning this year, you may wonder how to prevent it from happening to you.

First, you need to know what salmonella is. According to the U.S. Department of Agriculture Food Safety and Inspection Service, “Salmonella bacteria are the most frequently reported cause of foodborne illness.” The agency goes on to say that:

Salmonella is usually transmitted to humans by eating foods contaminated with animal feces;
any raw food of animal origin, such as meat, poultry, milk and dairy products, eggs, seafood, and some fruits and vegetables may carry Salmonella bacteria;
it does not usually affect the taste, smell, or appearance of the food; and
Salmonella can also cause foodborne illness (salmonellosis) through cross-contamination, e.g., when juices from raw meat or poultry come in contact with ready-to-eat foods, such as salads.

Symptoms of salmonella poisoning include diarrhea, stomach cramps, headache, nausea, vomiting, chills, and fever anywhere from 8 to 72 hours after eating the contaminated food. You may be sick 4 to 7 days.Salmonella poisoning can be fatal for babies, young children like Monica, pregnant women, the elderly, and people with weakened immune systems, like those who have HIV/AIDS, cancer, diabetes, or kidney disease.

So how do you avoid getting salmonella poisoning? If eating out, it’s clear you’re putting your life in others’ hands. Though KFC’s website says it takes “great pride and care to provide you with the best food and dining experience in the quick service restaurant business,” the lawyer representing Monica Samaan’s family said KFC has been known to use chicken that’s been dropped on the floor.

At home, the USDA recommends:

washing your hands before and after handling food;
using paper towels rather than kitchen towels to clean counters;
cutting produce and meat on separate surfaces;
rinsing in hot water cutting boards, plates, and anything that comes in contact with meat;
cooking food thoroughly; and
refrigerating leftovers within two hours.

As for Monica’s family, the Supreme Court of the state of New South Wales ordered Yum! Brands, which also owns Taco Bell, Pizza Hut, and Wing Street, to pay over $8 million plus legal fees. The Louisville, Kentucky-based company plans to appeal the ruling.

Originally posted at InjuryBoard by Miranda Miller

How many people must die before you put down the phone?

Miranda Miller — Mon, 30 Apr 2012 14:40:20 GMT

Three thousand people died in distracted driving accidents across the country last year, according to the National Highway Traffic Safety Administration. In Ohio alone, distracted driving killed 74 people and injured 7,825 between years 2009 and 2011. Yet National Motorists Association President Gary Biller is giving U.S. Transportation Secretary Ray LaHood flack for wanting to ban both talking on a cell phone and texting while driving.

Since current distracted driving laws cover everything from mobile phone use to eating to changing radio stations, Biller says the government’s time and money would be better spent cracking down on inattentive driving in general.

At a Shriners Hospital-hosted distracted driving summit in San Antonio, Texas, last Thursday, LaHood said he isn’t as concerned with people dining behind the wheel, because not everyone does that.

Besides, scarfing down a Big Mac doesn’t take a lot of brain cells. Texting, on the other hand, employs manual, visual, and cognitive skills simultaneously, says NHTSA website distraction.gov. “Sending or reading a text takes your eyes off the road for 4.6 seconds. At 55 mph, that's like driving the length of an entire football field blindfolded.”

Like LaHood, I believe talking and texting while driving has become “a national epidemic,” and the pedestrian accidents, car crashes, and fatalities they cause are “100 percent preventable.” Once upon a time, we could drive to the grocery store without calling someone to gossip on the way there. What happened? What could you possibly have to say that's important enough to risk other people's lives and your own?

Originally posted at InjuryBoard by Miranda Miller