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Senate Report Comes Down Hard on Avandia

February 23rd, 2010 by Legal Advocate, in Blog

Avandia is a diabetes drug that’s been on the market for over a decade.  Its purpose is to help those with type 2 diabetes manage their condition in conjunction with a healthy diet and some form of an exercise program.  Avandia is manufactured by GlaxoSmithKline and dominated the market after its release.  Unfortunately, reports of serious Avandia side effects eventually began to surface, prompting inquiries to Avandia side effects lawyers around the country.  Recently, another issue has been added to the overall Avandia controversy, and it involves a Senate report on the history of the drug and the issues it has faced.  Overall, the conclusions of the report were not positive.

Reports of Avandia Side Effects Prompt Studies and Action by Government

After the initial reports of Avandia side effects began to surface, different entities began to get involved with the issue.  One of the most dramatic developments in relation to this issue was a study’s conclusions that were published in the New England Journal of Medicine in 2007.  This study concluded that those who had used Avandia faced a higher risk of developing serious Avandia side effects that included heart attacks and strokes.

In response to this report, the FDA issued an order that Avandia had to have a clear warning attached to its labels that described the potential dangers with Avandia side effects.  The government also stated that it would analyze whether the benefits of keeping Avandia on the market outweighed the risks presented to those who used it.  At this point, Avandia remains on the market.

Senate Report on Avandia Side Effects Criticizes GlaxoSmithKline and FDA

A Senate report was recently published concerning Avandia, and its conclusions were anything but positive.  In the report, it was found that:

  1. Avandia could be responsible for approximately 83,000 heart attacks in patients who used it.
  2. GlaxoSmithKline made attempts to undermine the value of these reports of Avandia side effects.
  3. The FDA overlooked serious problems with Avandia when it decided to allow the drug to remain on the market.

While this report is not necessarily legally binding, it is a bipartisan work that will be very influential in the future dealings with both Avandia and GlaxoSmithKline.  If you or someone you love has been harmed as a result of using Avandia, you need to take action.  Contact the Avandia side effects lawyers at the Phillips National Injury Group today to schedule a free initial consultation.

Toyota Initiates a Massive Recall

January 30th, 2010 by Legal Advocate, in Blog

Toyota is a brand of automobile that is known all over the world for efficiency, safety and dependability.  Any auto maker would agree that building such a reputation takes years if not decades of high achievement.  Unfortunately for Toyota, the process of damaging that reputation does not take nearly as long.  The Toyota branding is at risk presently because of yet another enormous Toyota recall initiated by the company because of a dangerous defect.  This defect directly affects the safety of drivers and is prompting inquiries to Toyota recall lawyers all over the United States.  Below is an overview of the issue.

The Scope and the Specifics of the Toyota Recall

The Toyota recall announced recently involves approximately 2.3 million models.  These recalled Toyota models include:

  • 2009-2010 RAV4
  • 2009-2010 Corolla
  • 2009-2010 Matrix
  • 2005-2010 Avalon
  • Certain 2007-2010 Camrys
  • 2010 Highlander
  • 2007-2010 Tundra
  • 2008-2010 Sequoia

The reason for this recall is that these models have shown a dangerous tendency to have the accelerator pedals stick in an engaged position.  This problem can lead to unexpected and uncontrollable acceleration, which clearly presents a high degree of danger to the unsuspecting driver and anyone who’s sharing the road with this driver at the time.

The Proposed Remedy to the Toyota Recall and the Reaction

Toyota’s remedy to the situation is to basically do little, if anything if you’re an owner of one of these models.  Their recommendations include applying steady pressure to the brake pad if your accelerator pedal sticks in order to bring the vehicle under control.  Toyota further recommends that after you’ve successfully taken this step, you need to pull your vehicle to the side of the road and contact the nearest Toyota dealer for repairs.  Toyota basically stated at the time the recall was announced that they did not have an immediate solution ready, but that the instances in which this defect arose were rare.

Since then, Toyota has taken the additional steps of halting sales and production of these models.  While the halting of sales of defective vehicles is a common step, putting a stop to production is seen as quite rare in these situations.  It should also alert anyone to the dangers involved and the seriousness of this issue.

If you or someone you love has been harmed by a defective Toyota, you need to take immediate action.  Contact the Toyota recall lawyers at the Phillips National Injury Group today to schedule a free initial consultation.

Graco Recalls 1.5 Million Strollers

January 30th, 2010 by Legal Advocate, in Blog

Baby strollers are a staple for any parents who want their child to be mobile.  One of the leading manufacturers of baby strollers for years has been Graco, as the company has sold millions of different strollers all across the world.  Unfortunately for many parents and children, Graco has recently announced that it is recalling approximately 1.5 million baby strollers due to a dangerous defect on these products.  There have already been several reports of serious injuries, and baby stroller recall lawyers have been getting involved to help.  Below is an overview of the issue.

The Graco Baby Stroller Recall Models Affected

The 1.5 million Graco baby strollers recalled are sold under the brand names of the Graco Passage, Alano and Spree Strollers.  Consumers who own a Graco baby stroller are encouraged to look at the rear inside panel of their unit just above the rear wheels in order to find their model number.  Those model numbers recalled include:

6303MYC, 6303MYC3, 6320IVY, 6320LAU, 6330CAP, 6330THR, 6330THR3, 6F00QIN3, 6F00RRY3, 6F03GLN3, 6G10CSE3, 7235GGA, 7235GGA2, 7236CDR2, 7237HOL2, 7237HOL3, 7240DNB, 7240DNB2, 7240MKL2, 7240MKL3, 7241DDH2, 7241DHO3, 7255CLP, 7255CLP2, 7255CRA2, 7255CRA3, 7255CSA3, 7255GPK3, 7255GRN, 7255GRN2, 7255JJB3, 7255ORC2, 7255WLO2, 7255WLO3, 7256CLO2, 7256SPM2, 7256SPM3, 7260BAN, 7260BAN2, 7260BAN3, 7260MRA2, 7260MRA3, 7260PKR, 7260PKR2, 7270BIA, 7270BIA2, 7E01JON2, 7E01JON3, 7F00LPE3, 7F00RSH3, 7F01FOR3, 7F02GLM3, 7F04TAY3, 7F07EMA3, 7F08DSW3, 7F08LAN3, 7G00DLS3, 7G00DLS4, 7G01CRL3, 7G04KRA3, 7G05GPR3, 7G06WSR3, 7G07ABB3, 7G07BAT3.

The Proposed Solution to the Graco Baby Stroller Recall

Graco has responded to this development by encouraging people who own a defective baby stroller to contact the company to obtain a repair kit for the defective part that’s been identified.  The defective part concerns the moving hinge that allows the canopy on these units to be adjusted, and this hinge is exposed.  As a result, two children have suffered deep finger lacerations when they touched the hinge while the canopy was being adjusted, and five children suffered severed fingers due to the same problem.

Why Graco’s Recall Solution Could be Problematic

Asking consumers to obtain their own repair kit to cover the exposed hinge could be problematic for consumers for two reasons:

1. It leaves it up to the parent or owner to properly attach the cover to this dangerous hinge; and

2. It could actually limit the liability of Graco if someone is injured after the defective hinge has been covered.

Therefore, if you or someone you love has been injured by a defective Graco baby stroller, you need to contact the baby stroller recall lawyers at the Phillips National Injury Group today to schedule a free initial consultation.

Jet Ski Accidents and Lawsuits

November 5th, 2009 by Legal Advocate, in Blog

Water-based recreation is a pastime that’s been popular in the United States for generations, and as new product innovations take hold with the consumer market, new ways to have fun on lakes, rivers and the like continue to evolve.  One of those market innovations is the jet ski, which is also known as the personal watercraft.  While these vehicles are exhilarating, they are also dangerous, leading to the need for help from jet ski accident lawyers in many situations around the United States.

The United States Coast Guard keeps statistics regarding reported accidents on the water, and one look at these statistics should give anyone pause before heading out onto the waves with their jet skis.  Overall, the Coast Guard recorded 4,789 accidents on the water involving boats of all sizes and jet skis in 2008, and person watercraft accidents totaled 23% of that number.  In addition, there were 45 deaths on jet skis in 2008, 17 of which were drownings.  Almost 1,000 people were seriously injured in these same types of accidents during this time frame.

The statistics may be daunting, but the trends are also troubling, as the number of accidents that result in injuries and deaths on jet skis has continued to rise at a steady pace in recent years.  The causes of these accidents are similar to other boating accident causes that include alcohol, speeding, reckless driving for the conditions and failures to yield the right-of-way on the water.

When situations arise like those described above, the injured parties can face a complicated process when pursuing the proper defendants in a lawsuit that seeks justifiable damages.  The preliminary steps that must be taken include obtaining an official report from the authorities regarding what led to the accident, obtaining any and all medical records and other documentation that helps to quantify damages incurred and of course sifting through the evidence and discovery process that’s required for any legal claim to proceed.

Rather than attempt to handle all of this while concentrating on your recovery, you need to seek the help of a jet ski accident attorney who has the experience and knowledge to take care of these issues for you. Contact the attorneys at the Phillips National Injury Group today to schedule a free initial consultation.

An Overlooked Medical Malpractice Issue – Wrong-Site Surgeries

November 4th, 2009 by Legal Advocate, in Blog

We tend to grow up learning to trust our doctors and other medical care providers that help us when we’re sick and/or injured.  We all also understand that doctors must pass through incredibly rigorous training before they are ever allowed to work with us in regards to our health.  However, some of the blatant mistakes that are made during the administration of medical care are nothing short of shocking, and one issue that’s been in the news recently always leads to the need for help from a medical malpractice lawyer – wrong-site surgeries.

The term is so strange that it could lead people to believe that this situation arises when a patient reports to the wrong facility for a procedure.  In fact, wrong-site surgeries occur when a patient reports to a facility for a procedure and then doctors perform surgery on the wrong part of the body.  As unbelievable as it sounds, it happens more than most would ever guess.

One hospital in Rhode Island has recently been fined $150,000.00 by state health officials for performing its fifth wrong-site surgery since 2007.  Rhode Island Hospital is not only the largest in the state, but it’s also the teaching hospital associated with Brown University’s Alpert Medical School.  As a result of the latest mistake, the hospital will now be required to install cameras in all of its operating rooms in order to track the progress of procedures.

One of the wrong-site surgeries involved operating on the wrong part of a patient’s brain, and these types of mistakes can lead to disastrous and sometimes tragic results.  Estimates indicate that as many as two surgeries per month are performed on the wrong location in the United States based on findings by commissions that have been appointed to analyze the issue.

If you or someone you love has suffered from such an egregious example of medical malpractice, you need to stand up for your rights.  Contact an experienced medical malpractice attorney today at the Phillips National Injury Group to schedule a free initial consultation so that you can obtain the answers you need regarding your legal rights and options.

Train Accidents and Commuter Trains

October 31st, 2009 by Legal Advocate, in Blog

Trains have been an integral part of shipping and transportation in the United States for centuries.  The miles upon miles of railroad and commuter train tracks speak to this reality, and given the recent years that have featured skyrocketing gas prices, more and more commuters are beginning to use this form of transportation.  Unfortunately, the number of train accidents in the United States remains troubling, and train accident lawyers are often sought out to help people who have suffered as a result of this issue.

One look at the statistics would lead almost anyone to believe that these accidents continue to be a public hazard.  According to the Federal Railroad Administration, the agency charged with overseeing train travel and movement, approximately 13,000 train accidents occur in the United States every year.  These include freight trains and commuter trains.

Of these 13,000 accidents, more than 800 people are killed and more than 9,000 people are injured.  The causes of these accidents include collisions between trains, collisions between trains and vehicles, trains hitting pedestrians, derailments, driver errors, equipment problems and signal problems among the most common.  Basically, anything and everything can happen when a train gets moving, and with the enormous size and tremendous speed at which these trains travel, almost every accident leads to disastrous results.

People who are injured or worse in a train accident also face a complicated situation in the legal sense if they feel that it’s their right to pursue a justifiable recovery.  The reason is that railroads and trains are almost all overseen by the federal government, and that means that claims usually need to be brought in federal court.  Federal court is an entirely different context than state or local courts and require the help of attorneys who understand these differences and how to properly proceed when a claim arises.

If you or someone you love has been injured or worse in a train and/or commuter train accident, you need the help of an experienced and skilled train accident lawyer.  Contact the attorneys at the Phillips National Injury Group today to schedule a free initial consultation to get the process of protecting and enforcing your rights started.

Premises Liability and Swimming Pool Accidents

October 30th, 2009 by Legal Advocate, in Blog

Swimming pools are an attraction for anyone who deals with the summer heat, and there are millions of pools in operation around the country at schools, at city parks and in private homes.  While swimming pools can be a welcome relief for anyone for a number of reasons, they also present inherent dangers that need to be properly handled.  If they are not, those who suffer losses need the help of a premises liability lawyer to make sure that those responsible for injuries are properly held accountable.

While statistics regarding drownings and injuries are difficult to compile because many of them are not reported as such, there are estimates in existence.  Many of these estimates seem to agree that nationwide, as many as 1,500 children drown in pool accidents on an annual basis.  In addition, drowning is the second leading cause of death for children under the age of 14 behind only auto accidents.  In terms of injuries, most estimates indicate that as many as 7,500 children are injured in swimming pool accidents every year.

When these unfortunate and sometimes tragic situations arise, the law that governs is centered on the theories of premises liability.  Premises liability is a relatively complicated area of law that depends on several labels and statuses when defining the nature of a legal claim.  In short, a person who is injured or worse generally needs to have been legally entitled to be on the property with limited exceptions.

If someone is legally entitled to be on someone’s property, the owner/overseer/manager of that property owes that person a legal duty to protect against both obvious and latent risks for injuries.  Clearly, swimming pools fall into that category.  Any random slip or mistake in a swimming pool can lead to disastrous consequences in a matter of seconds, and those who own swimming pools must be constantly aware of what’s happening in the pool.

If you or someone you love has been injured or worse in a swimming pool accident, you need the help of a premises liability lawyer to make sure that you don’t encounter any problems with the technicalities of this sort of claim.  Contact the Phillips National Injury Group today to schedule a free initial consultation.

Taxi Cab Car Accidents and Lawsuits

October 29th, 2009 by Legal Advocate, in Blog

Many of us have experienced rides in taxi cabs, and while the majority of drivers tend to be professional and responsible, there are those drivers who leave passengers on the edge of their seats and provide a reminder that even though it’s generally thought that taking a taxi in unfamiliar territory and especially after drinking is the responsible choice, there are still dangers to consider.  If you or someone you love has been involved in an accident in a cab, you need to contact a taxi cab accident lawyer as soon as possible because these legal situations can be complicated.

While it’s generally estimated that there are thousands of taxi cab accidents in the United States every year, it’s extremely difficult to compile accurate statistics because of the fact that there are also thousands of what are known as ‘gypsy’ cabs in operation.  Gypsy cabs are those that operate without a license to do so, and are therefore driving as a cab illegally.

Regardless, every taxi cab accident creates a list of complications, and that starts with naming the proper defendant in the case.  The first determination to make is whether or not your taxi driver was at fault for the accident.  If he or she was, then you’ll need to determine the nature of the relationship between the cab driver and the taxi company if the driver was not operating independently.

If the driver was working for a company, it could still be complicated because some drivers work as independent contractors, which means that general liability norms can become muddled based on the particulars of the relationship.  In addition, there are insurance coverage issues that could apply to the driver, to the cab company or both, and someone without a legal background would likely not understand where to begin in order to hold the proper parties accountable for injuries you’ve suffered.

Therefore, if you or someone you love has been harmed in a taxi cab accident, you need to avoid all of the stress that goes with managing your legal claim and concentrate on your recovery.  Instead, contact a taxi cab accident lawyer at the Phillips National Injury Group today to schedule a free initial consultation.

How do Soft Tissue Injuries after Car Accidents Affect My Claim?

October 28th, 2009 by Legal Advocate, in Blog

Not all injuries that are suffered as a result of a car accident are simply diagnosed and diagrammed on a chart for anyone to be able to see.  While such injuries as broken bones, torn ligaments, concussions and many other injuries can be tangibly detected and displayed, others cannot.  Generally, these injuries are referred to as soft tissue injuries, and if you or someone you love has suffered from such an injury, you need to secure the help of a car accident lawyer as soon as possible to protect your legal rights.  In the meantime, below you’ll find a few considerations regarding soft tissue injuries that result from car accidents.

1.  Timeliness

Most injuries suffered in an accident are detected immediately after they occur.  However, that’s not always the case with soft tissue injuries, as they can take some time to develop and to ultimately be felt by the injured party.  This does not make their situation less painful, but it can lead to speculation that the injury was not suffered as a result of the accident in question.

2.  Proof of Existence

As stated earlier, if someone suffers a broken leg as a result of a car accident, all that needs to be done is to show the X-rays to prove its existence.  Unfortunately, many soft tissue injuries will not show up on an X-ray or an MRI, which means that the only way to show that such an injury has occurred is to depend on the word of the injured party.  This can be problematic for a legal claim without the proper help.

3.  Unknown Duration

Since soft tissue injuries can be difficult to diagnose, the prognosis for such an injury can be equally as ambiguous.  Soft tissue injuries can last only a few days or as long as a lifetime depending on the nature of the injury itself.  Therefore, when attempting to quantify legal damages, the judge and/or jury could have a hard time deciding on an award when there’s little to guide them regarding how long the injured party will be suffering and will need medical help.

Overall, while these issues can affect a claim for negligence after a car accident, proving soft tissue injuries is nothing new for a car accident attorney with experience.  If you are suffering from this type of injury, contact the Phillips National Injury Group today to schedule a free initial consultation.

Paralysis from Motorcycle Accidents

October 27th, 2009 by Legal Advocate, in Blog

Motorcycle accidents occur at an alarming rate.  Despite the fact that motorcycles represent only 2% of the registered vehicles on the road in the United States, drivers and passengers on motorcycles represent over 8% of the fatalities that occur in vehicle accidents nationwide.  This is a trend that’s held steady, and motorcycle accident lawyers are used to hearing tragic descriptions of accidents that leave people with injuries from which they’ll never recover.

One of those injuries is to the spinal cord.  Even though the overall safety and survival statistics have improved since states began enacting and enforcing motorcycle helmet laws, most people riding on motorcycles do so with their spinal cords completely exposed to any collision impact that could occur either with another vehicle or the concrete beneath them.

When an injury to the spinal cord occurs, the situation is always serious.  One of the reasons for this severity is that the spinal cord remains one of the true mysteries in the medical world, and there are very few surgical techniques that can repair or correct serious injuries to this region of the body that’s already incredibly sensitive.  Therefore, all that can be done in many cases is for doctors to attempt to make the permanent situation that results from a spinal cord injury as tolerable as possible for the patient.

This often means that the patient must learn to live with varying degrees of paralysis.  This can involve the inability to move the arms, the legs, both or even any area of the body below the neck.  Not only do those who suffer from this injury have to relearn how to live in the most basic ways, but they are also at a constantly higher risk for such otherwise common problems as respiratory infections becoming fatal given the body’s inability to move and work properly.

If you or someone you love has suffered from paralysis as a result of a motorcycle accident, you need to act now to make sure that your legal rights are properly protected and enforced.  Contact a motorcycle accident attorney at the Phillips National Injury Group today to schedule a free initial consultation.