Charlotte Personal Injury Lawyer

2 NC judges nominated to fill vacancies on the 4th Circuit Court of Appeals.

Greg Jones — Thu, 05 Nov 2009 09:51:09 GMT

President Obama has nominated two North Carolina judges to fill vacancies on the U.S. Court of Appeals for the Fourth Circuit. Wednesday, Obama nominated Judges Albert Diaz and James Wynn to fill seats in the appeals court.

Diaz currently serves as a special superior court judge for complex business cases commonly reffered as "Business Court". Wynn is currently on the the North Carolina Court of Appeals.

In 2001, Diaz became the first Latino to take the bench in the North Carolina Superior Court.

Wynn chairs the ABA's Judicial Division.

According to Sen. Kay Hagan, D-N.C., since 1801, only six North Carolinians have served on the U.S. Court of Appeals for the Fourth Circuit. Currently, Judge Allyson Duncan is the only judge from North Carolina sitting on the court.

I have had the pleasure to know Judge Wynn for quite some time through the North Carolina Advocates for Justice. Recently I appeared before Judge Diaz on a very complex securites matter. Both are fine jurists and a credit to the North Carolina Judicial System.

Originally posted at InjuryBoard by Greg Jones

FDA Issues Warning Over Diabetes Drug Byetta

Greg Jones — Wed, 04 Nov 2009 10:03:34 GMT

The U.S. Food and Drug Administration has issued a warning about possible kidney problems associated with the use of Byetta, a diabetes drug marketed by Amylin Pharmaceuticals Inc. and Eli Lilly & Co. Byetta, known generically as exenatide, is used in patients with type 2 diabetes to lower blood sugar levels without the use of insulin, according to the manufacturer. The drug is supposed to imitate the effects of a human hormone and improves blood sugar levels by several mechanisms that work in concert on the stomach, liver, pancreas and brain.

The FDA received 78 reports of kidney problems in patients using Byetta from April 2005 through October 2008, in Tuesday's warning.

Byetta's most common side effects include nausea, vomiting and diarrhea, which may have contributed to the kidney problems reported. Kidney malfunction can lead to serious or life-threatening illness, according to the FDA.

This is not the first warning issued concerning Byetta. In August 2008, the FDA issued warnings after it received reports of two deaths and six cases of severe pancreatitis.

Byetta should be promptly discontinued if pancreatitis is suspected, the warning said.

Our law firm encourages anyone taking Byetta and experiencing any of the symptoms listed above to check with their doctor. Simple tests may be able to detect if any problems exist. We have been investigating Byetta cases for over a year and continue to review possible cases.

Originally posted at InjuryBoard by Greg Jones

Obtaining a Rental Car after an Accident

Greg Jones — Wed, 04 Nov 2009 09:53:47 GMT

Clients often come to our office because they are upset the insurance company for the at-fault driver will not rent a car for them after their car is damaged in an accident. They oftentimes ask if the insurance company is required to provide them with a rental car. They are often surprised at my response.

My clients are often surprised to find out the insurance company does not have a legal obligation to do anything for the accident victim. Their obligation is to the person they insure, not to the injured party. However, since the accident victim has a right to pursue a claim against the at-fault driver for the loss of use of their vehicle, the insurance carrier can usually be convinced to provide a rental car once they have completed their investigation. The adjuster handling the claim will have instructions to complete a list of tasks comprising their investigation of the claim regardless of how clear cut fault seems to be. We can assist the adjuster in completing this investigation in an effort to speed things along.

In addition, our client has the option of renting a car on their own. Oftentimes the insurance adjuster will agree to "take over" the rental once they have completed their investigation and our client will not be charged for the rental car at all. However, sometimes the insurance carrier will refuse to do anything more than reimburse the claimant for a rental car if they rent on their own. Unfortunately, insurance carriers have every right to take this position.

Originally posted at InjuryBoard by Greg Jones

I Can't Believe It's Not Butter Better Believe! or Country Crock is full of Crock

Greg Jones — Mon, 02 Nov 2009 14:51:16 GMT

Several consumers filed a class action against manufacturer Unilever U.S. Inc. accusing the maker of I Can't Believe It's Not Butter! and Country Crock brands of cholesterol-free margarines of marketing the butter alternatives as healthy although they contain dangerous amounts of trans fat.

The lawsuit contends that Unilever marketed the popular I Can't Believe Its Not Butter!, Country Crock and other margarine brands as being cholesterol-free and good for cardiovascular health despite the fact that each allegedly contains dangerously high levels of artificial trans fats, a toxic food additive banned in many parts of the world.

Trans fat, it says, raises the risk of chronic health disease more than any known nutritive product by raising the levels of the most dangerous form of LDL, or bad, cholesterol and lowering levels of HDL, or good, cholesterol..

Trans fat may also cause type 2 diabetes and has been linked to causing breast, prostate and colorectal cancers, according to the complaint.

Make sure you know what you are buying and become your own health advocate. Look at the labels and educate yourself and your family as to what foods, drugs and supplements you put into your body.

Originally posted at InjuryBoard by Greg Jones

Yes…you still have a case even if you’ve been fired.

Greg Jones — Mon, 02 Nov 2009 14:29:59 GMT

I have a number of injured worker’s who call seeking my representation but don’t believe they have a worker’s compensation case because they have been fired by their employer. My quick answer is….you absolutely still have a case and it’s worth pursuing. An employee’s termination from the injury employer can have some affect on the worker’s compensation case but that termination does NOT end the case.

Many employers will treat their worker’s adversely once an injury has occurred. Some employees will be looked down on by the other workers and harassed by the boss. Often times, the injured worker will be written up (or given points) for things they haven’t even done or never received points for before. The key for most injured worker’s in these situations is to contact a qualified attorney sooner rather than later. That attorney can help steer you in the right direction and protect your case.

Originally posted at InjuryBoard by Greg Jones

More Levaquin lawsuits filed.

Greg Jones — Tue, 22 Sep 2009 12:32:45 GMT

Another person has joined the nearly 150 lawsuits in multi district litigation involving Johnson & Johnson's antibiotic drug Levaquin. An elderly man alleges that Levaquin caused him to suffer a ruptured tibial tendon.

William Dowling filed a lawsuit Thursday against J&J and its units Ortho McNeil Pharmaceutical Inc. and Johnson & Johnson Pharmaceutical Research and Development LLC.

The complaint alleges that the phamacuetical companies were negligent, failed to warn the public about issues with the drug, and breached implied and express warranties in the making, marketing and sales of Levaquin.

Levaquin, generic know as levofloxacin, is approved for the treatment of a variety of infections. The lawsuits allege Levaquin causes tendon injuries, including tendon rupture. Adults 60 and older or others on corticosteroid therapy are especially prone to injury.

A trial date is set for August 2010.

In July 2008, the U.S. Food and Drug Administration called for a boxed warning on Levaquin. The announcement came after several requests from the consumer advocacy group Public Citizen to add warnings.

Additionally, our firm is invesigating cases that involve Levaquin and the onset of Stevens Johnson Syndrome commonly known as SJS as well as Toxic Epidemal Necrosis or TEN. If you or a loved one experiences these problems, seek medical help immediately.

Originally posted at InjuryBoard by Greg Jones

Hip Replacement Gone Bad - Zimmer Durom Cup

Greg Jones — Tue, 22 Sep 2009 12:24:05 GMT

Hip Replacement Surgery, usually a procedure reserved for the elderly, is now becoming more and more common among young people, especially young athletes. It is a risky and difficult surgical procedure for any patient, and as such, doctors often prefer to try other methods of rehabilitation for their patients, such as:

physical therapy

walking aids

anti-inflammatory drugs

cortisone injections

joint supplements

hip resurfacing

hip fusion

resection anthroplasty (the bone around the hip joint is removed and allowed to fill with scar tissue)

hip osteotomy (when the bones of the hip joint are realigned)

Even if all other the other therapies are unsuccessful, doctors still prefer to limit hip replacement surgeries to the patients that are suffering from the worst symptoms, or to the patients whose quality of life has been drastically reduced by their pain. If hip replacement surgery is absolutely necessary, then the patient will have to undergo a procedure in which parts of the hip will be removed, and replaced with artificial implants.

After this surgery, patients are often at risk for a variety of negative side effects, such as blood clots, infections, or joint stiffening. However, there was another, much nastier side effect that surfaced between 2006 and 2008: the malfunctioning of the Durom Cup (one of the artificial components of hip surgery) made by the Zimmer Company.

The Zimmer Durom Cup had been approved for use in Europe since 2003, three years before the FDA approved its use in the United States. However, doctors in America noticed that the surgeries they performed with the Zimmer Durom Cup often resulted in a painful failure for the patients. The cups would either loosen in the sockets, coming loose at the slightest touch, or they would actually migrate to a different part of the patient's leg, no longer serving their purpose. These malfunctions were very painful for the patients, and often resulted in expensive reparative medical procedures.

After a public outcry over the ridiculously high rate of failure by the Zimmer Durom Cup, Zimmer pulled their product from the market in 2008 (despite their insistence that the fault lay with the doctors, and not their product), and has set aside over $47 million to pay for the impending lawsuits. It did not stay off the market for very long, however, and is being used again in the United States, albeit this time by many fewer surgeons. Nevertheless, if you find yourself needing medical treatment for your hip, you may want to strongly consider a less invasive, more therapeutic option, such as those listed above.

Originally posted at InjuryBoard by Greg Jones

Investigation of Dilantin and Stevens Johnson Syndrome & Toxic Epidermal Necrolysis

Greg Jones — Fri, 18 Sep 2009 09:48:25 GMT

Stevens-Johnson Syndrome and Toxic epidermal necrolysis are life threatening skin diseases that are characterized by skin rash, peeling, and open wounds and sores on the epidermis. These diseases are caused by bacterial infection and even more importantly, certain over the counter medical drugs. These two diseases have been linked to the use of Dilantin, which is a medication used to reduce seizures in epileptic patients. In fact, over eighty percent of the cases of Stevens Johnson Syndrome (SJS) or Toxicepidermal necrolysis (TEN) are caused by use of medication. Females are affected almost twice as much with these diseases as a result of the use of medication as males, and children taking other medications along with anticonvulsants have been shown to have a higher incidence of the diseases.

SJS and TEN symptoms are similar, and include body aches, pains, fevers, and more noticeably, red rash, blisters, and peeling skin. With patients affected by SJS, the blistering is more prevalent than with TEN. SJS blistering can occur in the mouth, eyes, and genital areas. TEN is most commonly characterized by large areas of skin “sheeting” off of the body.

Both diseases, although severely detrimental to a patient’s health, coupled with an increased possibility of death, are treatable. Those that show symptoms of these diseases should be hospitalized immediately. The drugs that the patient was taking, including any anti-epileptic drugs such as Dilantin must be discontinued immediately. Most patients suffering from these diseases are treated in burn units and once treated; the affected skin should grow back normally and have no need for skin grafts. Intravenous fluids and salts are fed to the patient as they are normally severely malnourished as a result of the disease, and in some cases are treated with corticosteroids, although this treatment is still very controversial.

If you, or anyone you know, suffer from epileptic episodes, and are taking an anti-epileptic drug such as Dilantin, please consult your doctor immediately to discuss the adverse health affects that you might incur as a result of the medication. If you are suffering from any of the above symptoms of SJS or TEN, please consult a physician immediately and seek legal counsel shortly thereafter. Protecting you and your loved ones, through the medical and legal profession, is the first step towards a healthy future.

Originally posted at InjuryBoard by Greg Jones

Fosamax Trial ends in Mistrial

Greg Jones — Wed, 16 Sep 2009 10:18:28 GMT

The first trial over Merck & Co. Inc.'s osteoporosis drug Fosamax has ended in a mistrial Friday after the jury told the court it was deadlocked and unable to reach a unanimous verdict.

The mistrial came two days after the judge, ordered a daylong break from deliberations as reports emerged of tension among the eight jurors.

The Plaintiff's lawyer moved for the mistrial Friday morning, said jurors could be heard shouting during deliberations.

The judge ordered a “cooling off” period on Wednesday after two notes were sent from the jury room indicating that tempers were flaring after nearly a week of negotiations, with one juror claiming to have been bullied and threatened.

The Boles trial was the first of three bellwether trials scheduled to take place in the multidistrict litigation over Fosamax.

Boles, a 71-year-old Florida woman, claims she developed osteonecrosis of the jaw, a disease where the jawbone partially rots. She claims Merck overstated the drug's benefits and concealed its harmful effects.

The drugmaker faces roughly 900 Fosamax product liability cases nationwide, consisting of about 1,280 total plaintiff groups, according to the company.

Merck changed Fosamax's label in 2005 at the urging of the U.S. FDA to warn patients of the potential risks associated with the drug.

The Plaintiffs attorney expected a retrial would be scheduled for next year.

Originally posted at InjuryBoard by Greg Jones

Medtronic Recall over Infusion Pump and Catheter

Greg Jones — Wed, 16 Sep 2009 09:55:05 GMT

Medtronic Inc. has issued a statement that a catheter and an infusion pump it produces pose serious health risks when used together. This action and potential risk has caused the U.S. Food and Drug Administration to classify the combination as a Class 1 recall.

The two products – the Sutureless Connector intrathecal catheter and the IsoMed constant-flow infusion pump – are still able to be produced because they only pose risks when used together, according to Medtronic spokeswoman Cindy Resman on Monday.

The product recall is about the SC Catheter and Revision Kit Models 8709SC, 8731SC, 8578, and 8596SC, when paired with the IsoMed Pump Model 8472. The particular IsoMed Pump was discontinued in September 2008 “as part of a planned product phase-out,” according to the company.

A disruption in therapy and revision surgery, putting a patient at risk for serious injury or death, are the potential damages, Medtronic said.

Physical signs can include “a drug or cerebrospinal fluid leakage into surrounding tissue, resulting in tissue damage, loss of or change in therapy, a return of underlying symptoms, drug withdrawal symptoms, a severe (“spinal”) headache, and/or a clinically significant or fatal drug underdose,” Medtronic said.

The company voluntarily sent notification letters to doctors in a process that began in August and is ongoing, it said.

Medtronic said patients should seek medical attention immediately if they experience underlying symptoms or drug withdrawal symptoms.

Originally posted at InjuryBoard by Greg Jones