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Workplace Injury—Don’t Trust Your Boss’ Doctor!

Posted by on Nov 2, 2017 in Personal Injury, Workplace Injury | 0 comments

If there’s one rule I’ve learned through my recent experience, it’s this: don’t ever trust a doctor your company sends you to.

A little backstory here: I work in a paper mill in Texas. Which one doesn’t matter. I don’t want all of this known since some issues are ongoing. Just, it’s a paper mill in Texas.

I’ve been there about three years. I like the job alright. The pay is pretty decent and compared to the stuff I was doing before, I enjoy it much more (or I did at least).

I worked a lot in the service industry before getting in the mill, and I’m just not much of a service guy. I’m not a people guy. I like who I like and I want to be left alone otherwise. The mill leaves me alone when I want it. The work’s repetitive, but I like that since I can focus on my own thoughts and just get through the day.

All of that has been good for three years. I got out of debt. I found a nice place to rent (I’d been staying with some distant relatives before that since my family lives out East). I got a girlfriend. Then lost her. Then got her again.

Everything was going great until three months ago when I picked up a nasty chemical burn while processing the wood chips. There’s a sulfur solution we use, and someone didn’t attach something right…it’s more complicated that I want to get into here…and I got some of the nasty concoction on my arm.

It hurt like I don’t know what. I can’t compare it to anything. The whole place came to a standstill because over all the machinery, everyone heard my screams. Apparently, I passed out after that. I woke up in my boss’ office, and he was calling for a doctor to come take care of me. At the time, I was grateful. I had a drink. They’d bandaged me up and put something on my arm to ease the pain. They may have given me an injection, although there wasn’t a doctor there yet, so I don’t know. Maybe it was shock.

Anyway, the doctor came, saw me, gave me a prescription and sent me home to heal. All of that seemed natural until my girlfriend pointed out this was a workplace injury, and there was surely protocol to follow.

So, I called up the boss and asked, and he said he’d take care of everything.

By “take care”, I found out, he meant he’d just ignore the whole thing. They gave me three days off, and then I got a call heavily hinting I should take the weekend and be back on Monday. When I called on Monday and said my arm still hurt, I was told directly I had to report to work on Tuesday or I’d be fired.

Well, I complained then. I said I was injured at work, and I was pretty sure I had rights. Well, turns out, the doctor cleared me to come back to work. He does stuff for that mill all the time. I heard this from a guy who works there.

So, I lost that job. I’m looking into suing now. But what do I know about that?

What a mess. All because I trusted their doctor.

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Killing Machines

Posted by on Aug 11, 2017 in Personal Injury | 0 comments

Travelling across distances large and small have been greatly improved by the invention of the automobile. Cars are able to traverse across great distances that only a century ago would have taken months or longer. Innovations in safety features and comfort features have made cars a very popular commodity in the developed world. Unfortunately, these machines of beautiful engineering can and are being used inappropriately so that they have taken on the face of dangerous killing machines. Drunk drivers who knowingly operate motor vehicles while impaired is irresponsible menaces to society. Efforts to end drunk driving need continued support so that one day millions of lives will be spared without the threat of a drunk driver.

Statistically, drunk driving is a fascinating phenomenon to study. Scientists and engineers collaborate with law enforcement and other traffic monitoring agencies in order to better understand the scenarios that typically end in disaster. The irresponsible actions of drunk drivers can have life altering effects on all parties involved in an accident. Most likely, the passengers in the car struck by the drunk driver will sustain heavy if not fatal injuries. This is mostly due to the fact that upon impact the drunk driver’s body is extremely relaxed and goes with the force of the crash. Unfortunately for the innocent passengers who were not drinking, their body will not react as smoothly to the crash. The fear and anticipation of crashing causes their body to tense up and thus creates more possibility for severe injury. The United States Center for Disease Control and Prevention released figures that claim every single day there are at least twenty eight people killed by a driver heavily under the influence of alcohol. In order to remedy this growing epidemic, there must be even greater efforts to educate people on the reality of experiencing a DUI related accident. Many people assume that they can drive home while drunk and not come across any obstacles on the way there. There are many other misunderstandings of drunk driving including, but definitely not limited to, buzzed driving is actually as potentially dangerous as drunk driving, nobody will find out, and cops allow people off with a warning for a first offense. These preposterous myths are part of the overall problem at hand. Drivers are not empathetic for those around them.

To summarize, auto accidents claim the lives of millions of people every year across the globe. Specifically, crashes where alcohol was found in the system of the driver who caused the accident remain a constant burden to all of the society. Each time a driver gets behind the wheel they unknowingly enter into a binding contract with the terms being their own life. It is the duty of every driver to ensure that our roads become safe spaces where impaired judgment does not exist.

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Poorly Designed or Poorly Constructed or Installed Boilers and Furnaces can Cause an Explosion Accident

Posted by on Jul 2, 2017 in Explosion Accidents | 0 comments

Up to 657 billion cubic meters of natural gas is used in the United States every year. Though hazardous due to its high combustibility, natural gas is a daily home use, a necessity for ovens and gas stoves, clothes dryers, boilers, furnace, air conditioners and many other items.

A natural gas leak that is overlooked and uncorrected can be disastrous for it can result to an explosion which can severely injure or kill anyone, as well as destroy or run properties to the ground.

According to the Explosion Victim Resource Center, the most common causes of residential gas explosions, include wiring problems, defective appliances, and boilers and furnaces. As leaked gas spreads inside a room or a house, even the smallest spark from a lighted cigarette, candle or any electronic gadget is enough to cause an explosion and, as a matter of fact, explosions, especially due to boilers and furnaces, have destroyed many houses, condominiums, apartment complexes, mobile homes and even hotels.

Boilers and furnaces keep many American homes warm during the winter and cold months. By using natural gas, these are able to provide heat in all areas of the home. It has been discovered, however, but only after explosion accidents have already occurred, that many boilers and furnaces have been poorly designed and constructed, installed erroneously or not properly maintained, thus causing the accident. The fault can be blamed on the manufacturer that designed and constructed these boilers and furnaces or on the individual who installed these inside your house. Regardless of who ought to be blamed, though, explosion victims deserve compensation from the liable party – compensation that will help cover all their financial losses resulting from the injury they have sustained.

According to the law firm Williams Kherkher, if you or someone you love has been seriously injured, or someone close to you has been killed by an explosion, you no doubt are fighting through an extremely difficult time for several reasons. Perhaps the last thing you want to think about is the prospect of taking on a corporate giant in court, but before you shy away from that possibility, you owe it to yourself to get in touch with an explosion attorney who may be able to help you know and understand your legal rights.

 

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Beware of Injurious Consumer Products, especially, Children’s Toys

Posted by on Mar 26, 2017 in Consumer Products, Uncategorized | 0 comments

The leading causes of unintentional injuries and deaths among children in the U.S., as reported by the Centers for Disease Control and Prevention (CDC), are falls, drowning, burns, poisoning and motor vehicle accidents (which tops the list). Each year, more than 12,000 children die and at least 9.2 million are injured due to these causes. Equally dangerous as these causes are the many different products that people stuff in their homes. And it cannot be denied that so many of the different things that Americans purchase can be a possible source of severe injuries or even death. The thousands of injuries and deaths caused by these products can also be verified through the records of the U.S. Consumer Product Safety Commission (CPSC). These products include home furniture and décor, tools, children’s outdoor activity equipment, sports equipment, inflatable amusements, nursery products and children’s toys.

From 2007 to 2010, millions of toys were recalled by the CPSC due to the dangers that these presented, like sharp edges that can cause lacerations, small parts that are considered choking hazards, and toxic substances and chemical contents that exceeded federal limits. The CPSC is charged with enforcing toy safety standards laws, laws that set the guidelines on: the required sizes of children’s toys; the inaccessibility of the toys’ batteries and magnets to small children; noise and toxicity limits; and, the display of labels containing the possible risks of choking hazards.

Unlike food, toy labels do not include the materials the toy was made from, and there is no definite law that requires manufacturers, whether local and foreign, to put on toys’ labels information regarding any possible harmful elements. Consumers, therefore, are left without any clue about the actual safety of the products that they buy (everyone, of course, assumes that all products made available in stores are totally safe).

All individuals have the legal and moral responsibility to act in ways that will never endanger another. Yet, in spite of the necessity to act responsibly and the existence of certain laws that are intended should keep everyone, especially children, from getting injured either through accidents or through the use of consumer products, injurious accidents and products still continue to harm many children.

The Benton Law Firm informs the family of a child, who has been injured in an accident or due to the use of a harmful toy, of its legal right to file a lawsuit against the responsible party. So many accidents occur and defective products continue to be manufactured and sold due to the grave negligence of some individuals. Before pursuing a legal action, however, it may be wiser to seek the help of a seasoned personal injury lawyer who will see to it that all the documents required in the lawsuit are intact, and that the child’s and his/her family’s rights and interests are very well defended.

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Defective Hip Implants

Posted by on Feb 1, 2017 in Uncategorized | 0 comments

People with a severely damaged hip joint can be mobile and active again with the Rejuvenate Modular Hip Neck and Stem or the ABG II Modular Neck and Stem from Stryker Corp. or with the DePuy ASR XL Acetabular metal-on-metal hip replacement from Johnson & Johnson. Being the first orthopedic company in the U.S., DePuy Orthopaedics has become a trusted name, even maintaining leadership in the hip replacement business for more than 4 decades. Though, its product entered the U.S. market only in 2005, the year it was cleared by the US Food and Drug Administration (FDA) for distribution, it still came out four years ahead of Stryker Corp.’s prosthetic implants, which the FDA approved in 2009 to treat people with a fractured hip.

Damaged hip joints that cause persistent pain and which made everyday activities so much harder to accomplish need to be replaced with an artificial joint, also known as prosthesis. Prosthetics are made either from metal alloy or ceramic. These have been used in hip replacement surgery, which has been a medical practice since the 1960s. Hip replacement surgery is intended to improve a person’s quality of life by relieving him/her of the pain due to damaged hip, as well as improving the function of his/her hip and ability to move around.

The Rejuvenate Modular Neck Stem Hip served as a substantial equivalent of the already available Wright Medical Profemur Hip Implant Replacement, thus, the FDA accepted it under its 510(k) process and so, approved it without the thorough pre-market testing and research requirement mandated of new products.

The major difference,and advantage these Stryker products had was their capability to minimize bone stress and provide greater stability which were made possible by the six stems and 16 necks (of the Rejuvenate hip) and the 10 modular necks, eight left stems and eight right stems (of the ABG II system). Thus, compared to the one-piece neck and stem (known as the monoblock design) of other hip implant systems, the Rejuvenate and the ABG II gave surgeons much more flexibility in custom-fitting these prosthetic implants into patients.

With its titanium alloy blend, which is a mixture of iron, zirconium, molybdenum and titanium, Stryker was also able to claim and assure corrosion and fretting resistance, a case wherein metal particles would flake off and mix into the blood. However, these claims were proven false as post-market data showed proofs of corrosion and fretting in patients who had the device implanted in them. Aside from this the release of toxic metals, loosening of the implant and other side effects (which require corrective surgery) were linked to the device – the reason behind the many lawsuits filed against Stryker Corp.

In the case of Johnson & Johnson’s DePuy ASR XL Acetabular metal-on-metal hip replacement, about 400 complaints reached the FDA beginning in 2008, concerning required revision surgeries on patients, who received the DePuy ASR hip replacement. The problem , however, was, even if the defective device was replaced, it was very possible that it has already left dangerous, even deadly fragments inside the body. Other DePuy hip implant problems included fracture of the bone, component misalignment, loosening components, metal sensitivity, dislocation, pain, bone staining, nerve, muscle and tissue damage, increased levels of metal ion in the blood, infection, swelling and necrosis (or tissue death).

Due to complaints, DePuy Orthopaedics, Inc. issued a recall on its product on August 24, 2010, more than a year before the first lawsuit was filed against the company. However, with more than a million patients worldwide having received the DePuy hip implant, more lawsuits are expected to be filed.

For the Stryker product, Stryker Corp. voluntarily recalled its Rejuvenate in July 2012 after hundreds of lawsuits were a filed against it.

According to the law firm Habush Habush & Rottier, “Some of the signs of trouble with a defective implant include swelling, pain, and difficulty walking. Persistent symptoms can signal a loose implant, fracture of the bone around the implant, or dislocation of the implant’s ball and socket. In addition, due to poor design in some hip implants, microscopic chromium and cobalt shards can enter the blood stream due to metal on metal contact. It is possible to have elevated chromium and cobalt levels with no symptoms, so you should follow up with your physician even if you are not having symptoms.”

Patients who have been implanted with the DePuy ASR XL Acetabular Syste, the Stryker Hip Implants or the Zimmer Durom Cumay probably need to undergo medical test just to make sure they are safe from the harmful effects linked to any of the devices mentioned above. In case of possible harm, it may be wise for affected patients to get in touch with a personal injury lawyer immediately who may be able to help them understand more their legal rights and options.

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