June 2010 Archives

June 25, 2010

$1.25 Million for Motorcycle Safety, Naturally.


The California Injury Attorney Blog has previously posted on the vehicle safety studies going on over at the Virginia Tech Transportation Institute (VTTI). VTTI is about to begin a groundbreaking naturalistic motor vehicle safety study focusing on motorcycle safety. It is in the planning stages and will provide significant data to bring riders to a new level of safety. We cannot understate the significance of this study.

Who pays?
The Motorcycle Safety Foundation (MSF) and the VTTI are partnering to create the largest motorcycle safety study in the world. Called the MSF Naturalistic Study of Motorcyclists, the study will span more than a year. It involves completely new techniques of data recovery. The MSF is funding the study at a cost of $1.25 million.

How it works.
Here is how the study will work. Instrumentation and small video recorders will be mounted on many bikes over a period of 6-18 months. The continuous data recovered from these instruments will record, in great detail, how riders respond to various situations.

Rider interviews will also be a part of the data-collection process. The VTTI expects this to provide a much clearer picture of how accidents and near-accidents occur and why. More importantly, the goal is to end up with greater safety for riders, passengers and others.

Just the facts.
The VTTI naturalistic method will reveal information that other safety studies have not, particularly Information that cannot be collected through the retrospective crash investigation techniques that have been used for years.

The study begins in 2011 and will quantify motorcycle rider performance and behavior in various circumstances. It will document such important concerns as the way riders respond to roadways, other vehicles, and their own reactions and behaviors. It will also document what makes some riders more safe than other riders by tracking what they do, and do not do, on the road.

A first with motorcycles.
In 2005, VTTI developed and then used these naturalistic technologies in a 100-car safety study. The study looked at over 750 near-crashes and 69 actual crashes. VTTI's Director Tom Dingus, who has been closely involved in other naturalistic research, noted that the study should provide details and findings that will be "relevant for years." He noted that the extensive bandwidth of this study "will provide guidance to help enthusiasts, industry and others move toward positive safety outcomes."

Safety matters.
San Francisco's Hersh & Hersh represents motorcycle enthusiasts throughout California. We are also committed to supporting motorcycle safety. We look forward to learning the results of this important study.

Hersh and Hersh has represented many clients dealing with injuries sustained in motorcycle accidents as well as motor vehicle accidents of all kinds. If you or a loved one have been injured in motorcycle accident, please contact us for a free consultation.

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June 16, 2010

Taking Off? Will FDA Remove Avandia From the Market?


Reuters is reporting that an email from an FDA reviewer and known whistleblower appears to confirm findings that the diabetes drug Avandia carries a risk of serious cardiovascular problems. The findings have not yet been published, but as the California Injury Attorney Blog noted recently, the FDA is about to host its public meeting scheduled in July to report on the safety risks associated with Avandia.

The latest study apparently shows increased risks in the following percentages: risk of stroke 27%; risk of heart attack 25%; and, risk of death 17%. The research was based on data from about 230,000 patients, mainly over 65 years of age.

These findings, as well as the FDA's review of another major study, will be presented at the July advisory panel meeting. Avandia sales have dropped since a 2007 Cleveland Clinic study. It is widely thought the drug may be taken off the market after the July meeting.

The California trial lawyers at Hersh & Hersh represent patients harmed by Avandia across the nation. Please contact us for a free consultation with one of our experienced lawyers.

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June 15, 2010

$110 Million Settles Baby Death Class Action


The California Injury Attorney Blog posted recently on the recall of Children's Tylenol. The fact is, as consumer protection attorneys, we have been at the center of infant safety for many years and our lawyers have represented children and families who have been hurt by defective drugs and devices.

For example, in recent years we were at the center of the largest national crib recall, representing a family whose infant died due to a defective crib. We also represented those injured by defective bassinettes and supported the subsequent national basinette recall.

We have represented and supported grieving families and brought them some closure for tragic events. And now, we post on the final chapter of another tragedy involving infants and their families.

The National Law Journal reports that Judge Fitzwater, chief judge of the U.S. District Court for the Northern District of Texas, will issue final approval for a major class action settlement. The case settles the class action involving the death of some 40 babies who died after receiving intravenous doses of E-Ferol, a vitamin E supplement used during the 1980's.

About 90 hospitals administered the supplement to premature infants without approval by the Food and Drug Administration. The vitamin was supposed to help prevent conditions involving visual impairment and blindness. Instead, it caused brain bleeds, as well as liver and kidney failure.

The class included 369 plaintiffs -- other cases involving about 50 infant deaths were settled prior to the class action certification. The class alleged that the now defunct manufacturer and distributor, whose executives were convicted of conspiracy in the late 1980's, had led hospitals to believe the FDA had approved the use of the supplement, when in fact it had not.

This settlement brings closure to litigation involving a tragic loss of life.

Related Web Resources

To read more about infant safety and keep updated on recall information visit the Consumer Product Safety Commission website.

San Francisco's Hersh & Hersh represents the victims of defective products and devices and has represented parents whose children have been injured or have died due to these defects. Please contact our office for a free consultation with a lawyer.

We represent our clients with compassion and experience in the most difficult times in their lives. We are here to help.

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June 14, 2010

Overtime Hours and Heart Health


Take Heart, Take a Break
Recently, CNN Health reported that overtime hours can be hazardous to your health. A new study found that those who work in excess of 10 hours a day are more susceptible to heart problems, including heart attack and heart disease. At seven hours the danger of these diseases lessens. All the more reason to make sure that if you are working overtime you are paid for it and that you pay attention to your health.

The California Injury Attorney Blog has posted previously on the ways that employers attempt to avoid paying workers appropriate compensation by classifying them as exempt. The financial impact on workers who are misclassified by their employers is real and damaging. That is why it is so important to know your rights to overtime pay.

And now there is a new potential harm to those clocking long hours on the job with or without appropriate pay -- heart problems.

Balancing Act
The suspected cause of the heart problems for those working long hours is the lack of time to relax and alleviate stress. Long hours can be heartfelt, but not in a good way. Even if you don't feel particularly stressed, your heart can be suffering on the job

The lead author of the study, Dr. Marianna Virtanen at the Finnish Institute of Occupational Health and University College London says the link between heart health and work hours has to do with balance. It's a risk factor that is overlooked if "you do not have enough time to take care of your health," says Dr. Virtanen.

The study included the health impact to over 6,000 civil servants in Britain who were followed for over a decade. Although the workers in the study were white-collar workers, the findings might well be applicable to those working in other jobs that require long hours and limited time for personal health.

If you are working long hours and you believe you may be entitled to overtime pay, please contact the San Francisco law firm of Hersh & Hersh for a free evaluation of your situation. We have experience helping workers get the pay to which they are entitled and we can evaluate your rights at no charge to you.

Don't let long hours go unpaid. And take time to take care of yourself and your heart health.

Related Web Resources

For more information on your right to over time pay, visit the California Department of Industrial Relations.

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June 12, 2010

Lessons Learned? Fen-Phen and Beyond.


The story of Fen-Phen is long and arduous. The drug Fen-Phen caused serious injury and death and although it has been off the market for over ten years now, many patients were not diagnosed with the serious medical conditions that it caused until after they had stopped taking the diet pill.

The lawyers of Hersh & Hersh, who bring you the California Injury Lawyer Blog, were the first firm to take action against the drug manufacturer who made Fen-Phen. The firm was the first to file and settle a lawsuit making the connection between Fen-Phen diet pills and the progressive and potentially fatal disease, primary pulmonary hypertension (PPH).

The impact of the drug was of historic proportions, but not in a good way. Many people were harmed as these pills caused such serious injury in some cases the only way to survive was lung transplantation. The symptoms for many Fen-Phen users did not appear immediately. And when they did, they were serious or fatal.

Sadly, this is not the end for the impact that diet drugs and supplements can have on the unsuspecting public. The long term adverse health effects of taking some of these quick-fix drugs and supplements can be very dangerous indeed.

Diet drugs, supplements and other substances are sold to the public by the millions. We want our readers to be aware that there can be not only adverse medical consequences for taking diet drugs and herbal substances, but it is possible for these substances to interfere with other prescription medications a person is taking at the same time.

It is important to be knowledgeable about what you are taking and in what combinations. There are many resources available for this information. For example, the Mayo Clinic website has an entire section devoted to the importance of knowing what you are taking and how it will interact with your other medications.

The story of Fen-Phen is tragic. Arm yourself with information before taking herbal or other supplements that claim to be helpful or good for you.

Continue reading "Lessons Learned? Fen-Phen and Beyond." »

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June 4, 2010

Yamaha Takes $317 Thousand Hit in Georgia Off-Road Vehicle Case


Last week a jury awarded a couple in Georgia $317 thousand against Yamaha for injuries sustained by the husband while using his Yamaha off-road Rhino-model recreational-utility vehicle. Other cases are pending against Yamaha for product liability for alleged defects in the off-road vehicle.

More cases are expected to follow given that this case was not an extreme injury. As reported by law.com, plaintiffs' counsel expects to see many other cases already filed in Georgia to go-ahead based on this verdict.

In this case, the injuries were not extreme, but the jury still found liability against Yamaha. The injured plaintiff was turning when the vehicle tipped over and trapped his leg which was crushed under its weight.

Plaintiffs' argued that the Rhino should have had a barrier to protect the rider's legs. The company placed doors on the Rhino after this accident occurred. According to the plaintiffs' lawyers, the jury, which took ten hours in deliberations after a two-week trial, was swayed by Yamaha's failure to test the Rhino for possible issues with occupant containment.

Yamaha is maintaining a "Truth About Rhino" website which states the company "is disappointed by the jury's decision to find for the plaintiff in this case and will pursue all appropriate legal remedies, including possible appeal."


Continue reading "Yamaha Takes $317 Thousand Hit in Georgia Off-Road Vehicle Case " »

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