Charlotte Personal Injury Lawyer

Mesothelioma caused by Asbestos exposure years ago

Greg Jones — Wed, 01 Jul 2009 17:58:47 GMT

Mesothelioma Caused by Asbestos Exposure Years Ago

What is Asbestos and what is its relationship to Mesothelioma?

It is well known that prolonged exposure to certain substances can have dire consequences. One such toxic substance is asbestos. Asbestos is the name given to a group of six naturally occurring minerals. However, don’t be fooled by the fact that they are “naturally occurring”. Exposure to asbestos can lead to a form of cancer known as mesothelioma. Mesothelioma is a cancer of the thin lining surrounding the lung or the abdominal cavity. Asbestos fibers are widely used within many industries due to their ability to resist heat, fire, chemicals, and inability to conduct electricity. Materials containing asbestos become dangers once they are disturbed or deteriorated. Unfortunately, when asbestos breaks down into dust the microscopic fibers can be easily inhaled or digested into the body. Since asbestos fibers are so durable, they can stay in the body for years and result in asbestos-related diseases, such as mesothelioma. More importantly, symptoms do not usually appear until 10 to 30 years after the exposure. While the federal government has made attempts to regulate the levels of these toxic substances, it has been unable to eliminate all the hazards causing injury and death.

Who is at risk?

We are all exposed to small amount of asbestos just by breathing. However, those most at risk are individuals who are exposed to asbestos regularly. This includes:

People who work for companies that make or use asbestos products
People work in asbestos mining
People who live near industries or areas that are involved in the aforementioned activities
People involved in demolition, building, home repairs, and home remodeling
People drinking from asbestos-containing cement pipes

What products can asbestos be found in?

Insulation
Pipes
Furnace insulation
Roofing Shingles
Millboard
Textured Paint
Coating Materials
Floor Tiles
Paper Products
Car/Truck Brakes & Clutches
Buildings constructed in the 60’s
Heat-Resistant Fabrics

How does Asbestos affect my health?

Asbestos primarily affects the lungs and surrounding membrane. Inhaling high levels of asbestos fibers for a prolonged period time can produce scar-like tissue in both the lungs and surrounding membrane. Yet breathing lower levels of asbestos is also dangerous because it can result in restricted breathing. It is important to note that cigarette smoke and asbestos exposure combined greatly increases your chances for developing cancer. If you suspect that you may be at risk for asbestos exposure in your home then you should contact either the state or local health department or the EPA to validate your suspicions and locate a company that is qualified to remove the asbestos fibers.

What are my legal remedies?

There are several possible actions you may take if you have been exposed to asbestos or have lost a loved one resulting from their exposure to asbestos. One option is to bring a lawsuit against the manufacturers of asbestos products. Another option is to sue the property owners of where the asbestos exposure occurred. Lastly, and perhaps the most common legal action taken, is to bring a workers’ compensation claim against the employer. Although you may choose to take legal action, it can be difficult to succeed on your claim. For example, in order to succeed on a workers’ compensation claim, it is necessary to prove that you have the disease and that you were exposed to it at the workplace of the employer. This can become quite difficult if more than one place of employment is involved. For further information on asbestos in the workplace, visit the Occupational Safety and Health Administration (OSHA) website to learn about the hazards associated with asbestos, how to evaluate asbestos exposure, and the methods used to protect from asbestos, http://www.osha.gov/SLTC/asbestos/index.html.

Originally posted at InjuryBoard by Greg Jones

FDA Panel Urges Ban on Vicodin, Percocet

Greg Jones — Wed, 01 Jul 2009 10:47:48 GMT

Following the release of an FDA report last month that found severe liver damage, and even death, due to consumer's lack of awareness that acetaminophen can cause serious injury, an FDA panel is urging that the popular prescription painkillers Vicodin and Percocet, which combine acetaminophen with an opiate narcotic, be banned. The FDA panel is also urging the lowering of the the maximum dose of over-the-counter painkillers with acetaminophen, like Tylenol or Excedrin.

The panel showed a rear concern with the potential abuse of Vicodin and Percocet but went further to caution on the OTC, over the counter, drugs as well. The panel believed that people often consume more of the recommended dose of acetaminophen mistakenly thinking that taking more will be better against pain without posing any health risks

The FDA is not obligated to follow the recommendations of its advisory panels, but it usually does.

Please be diligent with your intake of medicine, either over the counter or prescription, that contain acetaminophen. Especially in the case of children, side effects can be quite serious if over adminsitered. This should hlep remind us all that even seemingless harmless drugs that must of us keep in our medicine cabinets have potentially harmful side effects that should not be ignored.

Originally posted at InjuryBoard by Greg Jones

Stevens Johnson Syndrome caused by NSAIDS

Greg Jones — Tue, 30 Jun 2009 17:36:57 GMT

NSAIDS (non-steroidal anti-inflammatory drugs) reduce pain and inflammation in patients suffering from ailments such as arthritis and menstrual pain. Standard NSAIDS are pills such as aspirin and ibuprofen. These standard NSAIDS may cause stomach problems due to a reaction that stops production of an enzyme that protects the lining of the stomach. Newer NSAIDS however, do not have the same affect on the stomach lining due to different enzyme inhibitors added to the drug. Because of this, patients could take the NSAIDS without suffering the side affects of stomach problems. These recent NSAIDS have not been without their problems however, as they are now being linked to new problems involving skin conditions such as Stevens Johnson Syndrome, a potentially deadly and dangerous skin disorder.

Many producers of drugs such as Daypro, Feldene, and Bextra have been linked to this skin condition, and have been scrutinized due to their lack of warning as to the potential side affects. In some instances the companies were made aware of the potential side affects such as SJS (Stevens Johnson Syndrome) however they still went ahead with the drug's release.

SJS is a life threatening disease. The symptoms of which include inflammation, lesions, blistering in the mouth, eyes, genitals, and skin peeling/rashing. This disease can be caused by a variety of infections, and in some cases the cause may never be determined. Doctors can sometimes misdiagnose SJS and in some cases even prescribe a higher dosage of the drug which might in turn harm the patient further. Even if SJS is diagnosed, no treatment can cure SJS once it has begun. The only step that can be taken is the discontinuation of the medication causing the disease and the beginning of medication to soothe the side affects.

SJS is a very harmful and potentially deadly skin disorder. If you, or anyone that you know has been using NSAIDS or suffering from any of the symptoms listed above, please contact your physician or medical care provider. If necessary seek a second opinion to ensure proper diagnosis. As always, stay safe, and stay healthy.

Originally posted at InjuryBoard by Greg Jones

Recall of certain Medtronic Kappa and Sigma Series pacemakers

Greg Jones — Thu, 11 Jun 2009 13:53:23 GMT

The FDA just announced Class I recall of certain Kappa and Sigma Series pacemakers, because these devices may fail due to a separation of wires that connect the electronic circuit to other pacemaker components. Medtronic Kappa Series 600/700 and 900 as well as Sigma Series Series 100,200 and 300 pacemakers were involved in the recall.

Originally posted at InjuryBoard by Greg Jones

Nine Students Injured In School Bus Accident With Utility Truck

Chrissie Cole — Mon, 18 May 2009 11:42:00 GMT

A City of High Point utility truck and a school bus were involved in a crash Monday morning that sent several injured students to the hospital, according to a Guilford County Schools spokesman.

The school bus was on its way to Southern Middle School when the accident occurred at the intersection of Kivett Drive and Vickery Chapel Road in Jamestown.

Nine of the 41 students on the bus at the time of the school bus accident were taken to the hospital with injuries.

According to a trooper investigating the crash, the truck’s side mirror swiped the stop sign on the bus. No charges are expected to be filed. Damage to the bus was less than $200, the trooper said.

Originally posted at InjuryBoard by Chrissie Cole

Who Receives Wrongful Death Proceeds in North Carolina?

Nathan Hull — Mon, 08 Sep 2008 17:15:14 GMT

Handling estates involving wrongful death proceeds can be somewhat more complex than a standard estate administration. Instead of relying on the law of the State of domicile for all matters it is important to look at the law of the State where the accident occurred. Even where the accident occurred in the same State as the Decedent’s domicile, Statutes may trump the Decedent’s Last Will and Testament.

In most estate administration matters the laws of the State where the decedent was domiciled control.[1] For those that don’t know, domicile is a person’s legal home. Generally physical presence in the State and the intent to have that location be the person’s home is all that is required to establish domicile.

In the case of a wrongful death, the laws of the State where the accident occurred may trump the State of domicile.[2] For example, if a South Carolina resident were to die in a car accident in North Carolina, the laws of North Carolina would control the distribution of wrongful death proceeds.[3]

Also, in almost all estate administration matters a Decedent may circumvent the intestate laws of the State by having a Last Will and Testament. The Will can establish the executor, guardian and beneficiaries of the estate but does not control who may receive wrongful death proceeds. In North Carolina the wrongful death proceeds are distributed based upon intestate succession and never become a part of the estate.[4] This is useful in that the proceeds may not be subject to creditors but may distribute funds to individuals that had been otherwise disinherited by the Decedent’s Last Will and Testament.

Different States have different intestate succession laws so an out of State wrongful death may result in considerably different distribution than if the same accident occurred within the Decedent’s home State. For example, in North Carolina, where there are no children the surviving spouse of a Decedent would have to share the proceeds with the parents of the Decedent but, if the incident occurred in South Carolina, the surviving spouse would receive all of the proceeds.

These rules apply regardless of whether a settlement is reached with the insurance company or a lawsuit is filed. While the establishment of an estate may be required to bring a lawsuit on a wrongful death, the distribution Statutes will still control.

It is important that you have an attorney competent in both personal injury and estate administration assist in any accident that results in a death.

[1] The U.S. Supreme Court addressed this issue in Wilkins v. Ellett, 76 U.S. 740, 1869 WL 11617. The Supreme Court stated, “[i]t has long been settled, and is a principle of universal jurisprudence in all civilized nations, that the personal estate of the deceased is to be regarded, for the purpose of succession and distribution, wherever situated, as having no other locality than that of his domicile; and if he dies interstate the succession is governed by the law of the place where he was domiciled at the time of his decease, and not by the conflicting laws of the various places where the property happened at the time to be situated, 2 Kent. Comm. 429; Story, Confl. Laws, § 379.” Id. at 742.

[2] Hartness v Pharr 133 NC 566, 45 SE 901 (1903) Hartness, is a North Carolina Supreme Court case where it was determined that the laws of the State where the action accrues apply to the distribution of wrongful death proceeds. In Hartness, the decedent was a South Carolina resident who died in North Carolina. The Court ruled that North Carolina law applied and that the wrongful death proceeds would be distributed based upon North Carolina statutes.

[3] Hughes v. Doe, 281 S.C. 488, 316 S.E.2d 383 (1984) Hughes, is a South Carolina Supreme Court Case which ruled that the statute of the State where the cause of action arises controls the distribution of wrongful death proceeds. In Hughes, the decedent was a South Carolina resident and the death occurred in Georgia.

[4] N.C. Gen. Stat. § 28A-18-2

Originally posted at InjuryBoard by Nathan Hull

Carbon Monoxide Poisoning Injures 12 at a Charlotte, North Carolina Grocery Store

Michael Chandler — Wed, 23 Jul 2008 10:15:39 GMT

The Charlotte Observer is reporting that 12 people have been hospitalized as a result of carbon monoxide poisoning that occurred at a downtown Charlotte grocery store. It appears at least one person might have life threatening injuries.

The incident occurred prior to the store opening and it appears those affected were employees and not customers. As an attorney I am often asked by victims of these types of injuries who will pay for the medical expenses or compensate the lost time from work. If the victim is an employee, the workers compensation insurance will compensate the victim and in certain circumstances another party might be negligent. If the claim is based on negligence, the victim can be compensated for pain and suffering as well. If you were a victim of carbon monoxide poisoning I encourage you to consult with an experienced attorney.

Originally posted at InjuryBoard by Michael Chandler

Spark Ignites Boat Explosion on Lake Norman

Michael Chandler — Thu, 12 Jun 2008 10:43:04 GMT

A preliminary investigation has revealed a spark ignited gas vapors causing the explosion of an 80 foot charter yacht following a graduation party on Monday. The investigation is still underway by the North Carolina Wildlife Resources Commission. Once the boat is lifted from the water, investigators will attempt to determine what caused the spark.

Scott Loftin, an official with the Wildlife Resources Commission stated that it appeared from initial reports that proper procedure was being followed during the routine refueling process. InjuryBoard will continue for follow the investigation and provide additional details once more information becomes available.

Unfortunately the Charlotte Observer is reporting, the body of Nate Coppick, who was missing since the explosion, was recovered Wednesday

Originally posted at InjuryBoard by Michael Chandler

Was Negligence the Cause of a Boat Explosion on Lake Norman?

Michael Chandler — Wed, 11 Jun 2008 09:19:08 GMT

It was just after 4:00 on a sunny Tuesday afternoon on Lake Norman just north of Charlotte, North Carolina. The Champion II, an 80 foot party yacht had just been docked following a graduation party cruise. In fact the celebration had just slowed down when a massive explosion rocked the Westport Marina as the large vessel was being refueled.

As of early this morning a nineteen year old college student was still missing following the incident. As the search resumes this morning, the question still remains what caused the explosion that has lead to Nate Coppick’s disappearance. One of the likely causes for these types of explosions is negligence. As the investigation continues, InjuryBoard will continue to monitor the case and provide updates as they occur.

Originally posted at InjuryBoard by Michael Chandler

Wrong Way Driving Not an Uncommon Problem

Michael Chandler — Tue, 10 Jun 2008 13:46:41 GMT

The North Carolina Highway Patrol reports that another head on collision occurred on Interstate - 485 in Charlotte, North Carolina. The car accident which occurred on June 9 around 11:15 pm is the latest in a series of wrong way driving accidents which have plagued Charlotte interstates in recent months. According to a report in the Charlotte Observer, three adults and two children were taken to Carolinas Medical Center with injuries.

A Texas Transportation Institute report found approximately 50% of car accidents involving wrong way drivers result in incapacitating injuries or death. According to the same report, these crashes typically involve male drivers, elderly drivers or intoxicated drivers and the accidents usually occur in the non-daylight hours.

What can be done to prevent these dangerous and deadly car accidents? The United States Department of Transportation (US-DOT) has been studying the problem since the Interstate Highway System was created in the 1950s. Some factors that can diminish the problem are being studied or utilized in other states. These measures include, embedded sensors in the road to detect wrong way drivers, video sensors, sensor activated flashing lights, road spikes, cracking down on drunk driving and safer highway interchange design. Even with improved safety standards history shows these accidents will continue to happenresulting in injury ordeathto innocent drivers.

If you witness a wrong way driver call 911 immediately and if you or someone you care about is affected by someone else’s negligence consult an attorney immediately so the accident can be investigated by a professional with your best interest in consideration.

Originally posted at InjuryBoard by Michael Chandler