Weather and Careless Driving Blamed for 69 Car Pileup
Arizona state officials say bad weather and driver carelessness resulted in multiple crashes involving 69 vehicles over a 2.5-mile stretch of interstate in Phoenix.
A sudden monsoon about 6:30 pm on Saturday surprised motorists on Interstate 10 near downtown Phoenix.
"The storm hit hard, hit fast and caught a lot of drivers by surprise," Bob Bailey, Arizona Department of Public Safety spokesperson, told CBS News. "The collisions began in the far right side of the roadway near the 7th Street exit ramp and this thing kind of perpetuated itself, enveloping the whole roadway."
He also blamed the mass of collisions on drivers traveling too fast and not leaving enough distance between vehicles.
Paramedics treated between 30 and 40 injured people at the scene and transported seven others to the hospital.
The accidents closed the highway for 3.5 hours while police cleared the scene.
The Associated Press reports that tow trucks had to tow at least half of the accident vehicles away.
Some motorists remained at the scene for hours while the city arranged transportation to get them home. Officials provided air-conditioned city buses to accommodate the people during the wait and handed out snacks and water.
NJ Bill would require DUI Testing for Drivers in Fatal or Serious Injury Motor Vehicle Accidents
A bill in the New Jersey legislature would require the testing of drivers involved in motor vehicle accidents resulting in fatalities or serious injures for alcohol and drug use.
Assembly Bill No. A651 requires New Jersey police officers to obtain a breath or blood sample of any motor vehicle driver involved in an accident resulting in death or serious bodily injury. The bill defines serious bodily injury as an injury with a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Police can currently only test drivers for drug or alcohol use due to evidence or a clear-cut suspicion that the driver was driving under the influence.
Under the bill, a driver would be deemed to have given consent to the taking of a blood sample just as they currently are deemed to have given consent to a breath test. If a driver refuses to submit to the testing, they would be subject to the same penalties as a person convicted of refusal in relation to a drunk-driving charge under R.S.39:4-50, with fines up to $1000 and driver’s license suspension for as long as two years.
Democratic Assemblymen Paul Moriarty and Nelson Albano are the primary sponsors of the bill.
“Testing for the influence of drugs or alcohol at the scene of an accident makes common sense," Albano told the Associated Press. "Not only would police be able to determine whether a driver was under the influence, they would be able to ensure that impaired drivers don’t get back behind the wheel and will face serious charges."
According to a news release, the death of Anthony J. Farrace, 17, a passenger in a 2007 Southampton Township accident inspired the bill. After the accident, police tested Farrace’s body for the presence of alcohol or drugs, but the driver of the vehicle was not required to submit to any such testing. Police later cited the driver for careless driving, an offense which only carried a $200 ticket and six-month license suspension.
Testing drivers for potential alcohol or drug use should be the rule when accidents result in death or serious injuries, not the exception," Moriarty told the Associated Press.
$13 Million Settlement to Cleanup Asbestos, Metals and Toxins at Mass. Superfund Site
The U.S. Environmental Protection Agency (EPA) and the U.S. Justice Department announced today that they reached a $13 million settlement with four parties to clean up the contaminated Blackburn and Union Privileges Superfund Site in Walpole, Mass.
Once known as The Blackburn Privilege and The Union Factory Privilege, the site covers approximately 30 acres, most of which is residential, and has been in use since the 1600’s. In the 17th and 18th centuries, various industrial and commercial operations used hazardous substances such as chromium, arsenic and mercury. From 1915 to 1937, the crushing of raw asbestos and manufacturing of asbestos brake linings took place and later various cotton and fabric production processes used caustic solutions.
These operations caused the contamination of soils, sediment and groundwater at the site with inorganic chemicals, including asbestos, lead, arsenic and nickel, volatile organic compounds (VOCs) and semi-volatile organic compounds (SVOCs). Ingesting or coming into direct contact with contaminated soils, sediments, or groundwater poses a health risk.
According to the Agency for Toxic Substances and Disease Registry, a pile of asbestos waste remained uncovered at the site until 1986, when the Massachusetts Department of Environmental Protection (MDEP) received a complaint that asbestos was present on the site. Testing has found asbestos in surface waters and sediments sampled downstream of the site and in groundwater sampled from on-site and off-site monitoring wells. The mechanism for asbestos migration from the site is unknown.
Municipal wells located within 4 miles of the site draw water from the School Meadow Brook/Mine Brook aquifer and supply drinking water to approximately 19,500 people of the Town of Walpole. The nearest well is located within 1 mile of the site. The site lies within the boundaries of the Neponset River drainage basin, which bounds the southern portion of the site.
While some limited cleanup measures took place in the early 1990’s, the site has been on the National Priorities List in 1994.
The parties involved in the settlement include former owners and operators W.R. Grace & Co.-Conn. and Tyco Healthcare Group; and current owners BIM Investment Corp. and Shaffer Realty Nominee Trust.
Under the settlement, the four parties will, among other things:
- Excavate and dredge contaminated soil and sediment;
- Treat contaminated groundwater that poses a risk to surface waters;
- Establish land use restrictions for the site; and
- Perform long-term monitoring of soils, sediment and groundwater.
- Maintain a cap and culvert, and perform engineering studies needed to ensure the long-term integrity of the structures
“EPA is pleased that, if approved, this settlement will re-enforce the ‘polluter pays’ principle that is central to the Superfund program by obtaining a commitment for millions of dollars in cleanup work from the responsible parties at this Site,” said Curt Spalding, regional administrator of EPA’s New England office.
Millions of Huber Needles Recalled
Earlier this year, the FDA recalled 2 million Huber needles manufactured between January 2007 to August 2009 by Nipro Medical Corporation and distributed by Exelint International Corporation.
The Huber needles are used to access ports implanted under the skin of chronically ill patients for repeated access to veins for infusion of medication, among other things. They are used to treat diseases ranging from sickle cell anemia to breast cancer to osteoporosis. The needles can cut into ports and possibly send slivers of the material in the port into the body. This is a very serious product defect and could cause grave damage to persons, according to Alan Ripka, Esquire.
The needles subject to recall include the following:
Exel/Exelint Huber needles;
Exel/Exelint Huber infusion sets; and
Exel/Exelint Securetouch+ safety Huber infusion sets.
A class 1 level recall is the strongest recall level issued by the FDA. Inspections conducted in October 2009 of the Nipro facilities in Japan found that 60% to 72% of tested needles demonstrated “coring,” according to the FDA alert sent Tuesday from MedWatch, the FDA’s safety information and adverse event reporting program.
The FDA advises healthcare professionals to take the following precautions when using any type of Huber needle (ie, not just those manufactured by Nipro) in conjunction with normally operating ports:
Avoid flushing the syringe when confirming patency of the needle on accessing the port, as it may introduce a silicone core into a patient’s body.
Consider aspirating blood after accessing the port and then discard the syringe with its contents. This step may recapture the silicone sliver. If the needle becomes clogged, use a new one.
Watch for indications of damage to the port’s septum. These include medication leakage, resulting in inadequate dosing as well as tissue damage, and localized erythema.
No adverse events related to silicone foreign bodies released in patients from Huber needle coring have been reported yet. “The agency received only reports of port leakage,” they state in a written release. “However, because it may be very difficult for clinicians to associate adverse patient outcomes with the use of defective Huber needles, there may be under-reporting of events.”
If you or a loved one feel you may have been harmed from using a needled that has “cored,” you may be entitled to compensation. The professional team of lawyers at Napoli Bern Ripka Law Firm can evaluate your situation and determine the next steps to gain justice for you and your family. Napoli Bern Ripka, LLP has fought against large companies in other matters and will fight for you if we believe you have a potential case for medical malpractice, products liability, personal injury, and is prepared to go to court and have a trial if necessary. Please fill out the form and submit or call and ask for Alan Ripka, one of our partners.
NY Man Loses Entire Arm in Fireworks Accident, Doctors Say They Cannot Reattach
A Long Island, NY man who tragically lost his arm in an Independence Day fireworks accident will be forever without the limb.
According to CNN, Eric Smith, 36, hosted a Fourth of July party on Saturday at his Islip Terrace home, complete with fireworks set off in the street. At about 5:45 p.m., as Smith leaned over a 3-foot metal tube to ignite a skyrocket, it shot out of the tube and hit his arm, tearing it off at the shoulder.
Smith was illegally using commercial grade fireworks. The State of New York bans all consumer fireworks and only allows commercial fireworks displays by permit. It is not unheard of for New York residents to smuggle fireworks in from other states, according to the New York Times.
Attendees of the party packed the arm in ice. Emergency workers transported Smith and the arm to Southside Hospital. They later transferred him to Nassau University Medical Center where he was in critical but stable condition and expected to recover.
Shelley Lotenburg, spokesperson for the hospital, told CNN that the facility does not perform limb reattachments.
The New York Daily News reports that doctors could not reattach the arm because the fireworks damaged it beyond repair.
Smith, a former football star at Long Island’s Lindenhurst High School and current employee of the Long Island Rail Road, is a husband and the father of two children.
Smith’s coworker told The New York Daily News that Smith lit the fuse and, “Boom! Boom! He was lying in the street.”
The U.S. Consumer Product Safety Commission (CPSC) estimates that in 2008 about 7,000 people sought treatment in hospital emergency rooms for injuries associated with fireworks. More than half the injuries were burns and most of the injuries involved the hands, eyes and legs.
Winning a Trial, Part I
The mystery of trying a case fascinates lawyers and laypersons alike. The apprehension of standing before a judge and jury, while arguing your client’s position, can be paralyzing. It is at that moment in time, however, when this advocate reaches deep within and finds the words and level of emotion needed to deliver the point. This reaction is based upon years of experience, intense preparation, and the desire to prove right from wrong. It all adds up to standing tall and dissecting your opponents arguments with focus and articulation.
The courtroom is an intimidating, living, breathing creature that contains many moving parts including a jaw filled with razor sharp teeth (the justice system itself), says trial lawyer Alan Ripka. The navigation through this maze of traps must be done with clarity and efficiency. This requires substantive and procedural knowledge of the law, as well as knowing all the persons involved in the courtroom, especially the Judge. Your adversary, court clerk, Judges legal secretary, court officer, and stenographer ALL play a role in the outcome of a trial lawyer’s case. Each individual who comes and goes from the courtroom, the temperature, the level of lighting, and even the comfort of the jurors’ chairs will affect the verdict. Thus this advocate does everything possible, within the rules, to cause this hall of justice to roar for his or her client.
It all begins when I step in front of the courthouse. My demeanor, mannerisms, dress, confidence and humility are all alive and obvious to all of the potential jurors to see and observe. The import of making no errors early on, especially, is paramount. Holding doors, apologizing, and assisting others creates the preliminary framework for the trial that has, theoretically, already begun. Let others exit elevator first, don’t speak on phone loudly, or bustle through the hallways as if you were more important than anyone else, to name a few more. The slightest mistake and loss of focus will be irreversible. We are dealing with human beings who will NOT find for you and your client if they do not LIKE you. And to think, the “official” trial hasn’t begun yet.
If you or a loved one has been wronged, you may be in need of a trial. The professional team of lawyers at Napoli Bern Ripka Law Firm can evaluate your situation and determine the next steps to gain justice for you and your family. Napoli Bern Ripka, LLP has fought against large companies in other matters and will fight for you if we believe you have a potential case for medical malpractice, products liability, personal injury, and is prepared to go to court and have a trial if necessary. Please fill out the form and submit or call and ask for Alan Ripka, one of our partners.
Black Box Warning: Reglan Increases Risk of Tardive Dyskinesia
The mystery of trying a case fascinates lawyers and laypersons alike. The apprehension of standing before a judge and jury, while arguing your client’s position, can be paralyzing. It is at that moment in time, however, when this advocate reaches deep within and finds the words and level of emotion needed to deliver the point. This reaction is based upon years of experience, intense preparation, and the desire to prove right from wrong. It all adds up to standing tall and dissecting your opponents arguments with focus and articulation.
The courtroom is an intimidating, living, breathing creature that contains many moving parts including a jaw filled with razor sharp teeth (the justice system itself), says trial lawyer Alan Ripka. The navigation through this maze of traps must be done with clarity and efficiency. This requires substantive and procedural knowledge of the law, as well as knowing all the persons involved in the courtroom, especially the Judge. Your adversary, court clerk, Judges legal secretary, court officer, and stenographer ALL play a role in the outcome of a trial lawyer’s case. Each individual who comes and goes from the courtroom, the temperature, the level of lighting, and even the comfort of the jurors’ chairs will affect the verdict. Thus this advocate does everything possible, within the rules, to cause this hall of justice to roar for his or her client.
It all begins when I step in front of the courthouse. My demeanor, mannerisms, dress, confidence and humility are all alive and obvious to all of the potential jurors to see and observe. The import of making no errors early on, especially, is paramount. Holding doors, apologizing, and assisting others creates the preliminary framework for the trial that has, theoretically, already begun. Let others exit elevator first, don’t speak on phone loudly, or bustle through the hallways as if you were more important than anyone else, to name a few more. The slightest mistake and loss of focus will be irreversible. We are dealing with human beings who will NOT find for you and your client if they do not LIKE you. And to think, the “official” trial hasn’t begun yet.
If you or a loved one has been wronged, you may be in need of a trial. The professional team of lawyers at Napoli Bern Ripka Law Firm can evaluate your situation and determine the next steps to gain justice for you and your family. Napoli Bern Ripka, LLP has fought against large companies in other matters and will fight for you if we believe you have a potential case for medical malpractice, products liability, personal injury, and is prepared to go to court and have a trial if necessary. Please fill out the form and submit or call and ask for Alan Ripka, one of our partners.
Stents Can Be Unnecessary!
Imagine going to your cardiologist, who you trust, to determine the extent of any coronary artery blockage you may have, only to have the truth misrepresented so that the doctor or hospital can make more money by billing for an unnecessary stent placement into your coronary arteries. You went to your cardiologist because of shortness of breath, chest pain, heartburn, and/or lack of energy to hopefully find out what was wrong. Instead you were given the wrong diagnosis and the wrong treatment. You see, doctors can determine the extent of blockage (also called occlusion) by doing an angiogram, which shows a picture of your heart using dye and x-rays to see the extent of the blocked arteries. Apparently, these test results can be misinterpreted, INTENTIONALLY, so that the placement of stents in your arteries can be justified - for money. This practice has occurred and you need to be certain that you are not one of the victims.
A class-action lawsuit has been filed against the Baltimore-area St. Joseph Medical Center that recently informed more than 350 patients that they may have received unnecessary heart stents. St. Joseph is regarded as one of the primary cardiac care facilities in the region. It is alleged that Dr. Mark Midei, who is no longer employed by or affiliated with St. Joseph, performed these unnecessary stents out of greed, and misled patients into having surgeries that they did not need. The procedure costs around $10,000.
Most clinical guidelines, including the American College of Cardiology and reimbursement rules for Medicare and private insurance, set minimum thresholds for the procedure, often requiring at least 70 percent blockage of an artery before a stent should be placed. St. Joseph’s guidelines regard blockage of 50 percent or less to be “insignificant.” In several cases, patients were told they had up to 95% blockage in their arteries, and later found out through subsequent reviews that the blockage was closer to 10%.
Stents are tiny mesh tubes that are inserted at the site of a blockage in a coronary artery that has been opened during balloon angioplasty. The procedure seeks to prevent the artery from becoming blocked again. Stents can strengthen clogged or weak arteries and can save someone during a heart attack.
Since stents are foreign objects, placement of stents in the body causes immune responses, such as clots or scarring. Stenting procedures also put the recipient at greater risk for: blood clots, which can lead to heart attack; bleeding and hemorrhaging; arrhythmias; bleeding at the insertion site; heart attack; stroke; infection at the insertion site; kidney failure; ruptured artery (dissection). After surgery, some patients experience re-growth of blockage in the artery, requiring subsequent invasive procedures. One study on stent placement on patients 65 years and older found that 23% must have repeat procedures, 3% have strokes after stenting procedures, and 3.5% experience major bleeding as a result of stent placement. Additionally, up to 8.9% of the patients suffered heart attacks after the stenting procedure.
This is not the first time that doctors have been under fire for stent fraud. In 2007, Dr. John R. McLean at Peninsula Regional Medical Center in Salisbury made headlines when he was accused of performing unnecessary stent procedures on at least 25 patients who were well outside of the guidelines. Last year, Dr. Mehmood Patel, a Lafayette, Louisiana interventional cardiologist, was sentenced to 10 years in federal prison on health-care fraud charges for performing medically unnecessary coronary procedures, including placing unnecessary coronary stents and then billing Medicare and private insurance companies. Two hospitals where he worked paid a combined $5.7 million penalty to the federal government, and one paid an additional $7.4 million to settle a class action lawsuit brought by the doctor’s patients.
If you or any of your loved ones feel that you may have been subject to unnecessary coronary procedures, such as a stent placement, call Alan Ripka to discuss your claim. The professional team of lawyers at Napoli Bern Ripka law firm can evaluate your situation and determine the next steps to gain justice for you and your family. Napoli Bern Ripka, LLP has fought against all kinds of companies in other matters and will fight for you if we believe you have a potential case for medical malpractice, products liability, or personal injury. They are prepared to go to court and have a trial if necessary. Please fill out the form and submit or call and ask for Alan Ripka, one of our partners. Please specifically mention that you read the blog when contacting our office.
Toyota Recalls Millions of Cars
Toyota announced on Thursday that it will recall an additional 1.09 million vehicles in the United States because of problems with gas pedals and floor mats, which comes only a day after Toyota announced that it would suspend U.S. sales of eight models - including the Camry, America’s top-selling car - to fix faulty gas pedals that could stick and cause acceleration without warning. Last week, Toyota issued a recall for the same eight models, affecting 2.3 million vehicles. In late 2009, Toyota recalled 4.2 million vehicles over concerns that floor mats could bend across gas pedals, causing sudden acceleration.
The affected models are: 2009-2010 RAV4, 2009-2010 Corolla, 2009-2010 Matrix, 2009-2010 Matrix, 2005-2010 Avalon, 2007-2010 Camry, 2010 Highlander except hybrid models, 2007-2010 Tundra, 2008-2010 Sequoia.
Toyota stated that it would fix or replace the accelerator pedals for the recalled vehicles to avoid the risk of floor mat entrapment. The company said that it would replace floor mats as well for the latest recalled vehicles. Toyota has suspended sales of the affected models and halted production at six North American plants, with no date yet announced for production restoration.
In March of 2007, Toyota started getting reports of gas pedals being slow to rise after being depressed for acceleration. Engineers fixed the problem in the Tundra pickup early in 2008. Other private reports state that there have been thousands of incidents since 1999, but Toyota would not confirm any numbers.
Safety experts said drivers should watch for warning signs, such as when the act of pressing the gas pedal starts to feel rougher or when the pedal does not fully return to its regular position. The best thing to do if this happens to you is to hit the brake hard and hold it firmly, then shift into neutral and steer the car off the road, and drivers with affected gas pedals are advised not to pump the brake.
No doubt, there have likely been thousands of injuries related to this faulty gas pedal, and many pending lawsuits. If you, a friend, or loved one has been injured as a result of a faulty gas pedal in one of these affected car models, please contact our law office. The professional team of lawyers at Napoli Bern Ripka law firm can evaluate your situation and determine the next steps to gain justice for you and your family. Napoli Bern Ripka, LLP has fought against large companies in other matters and will fight for you if we believe you have a potential case for product liability, personal injury, or medical malpractice, and is prepared to go to court and have a trial if necessary. Please fill out the form and submit or call and ask for Alan Ripka, one of our partners. Please specifically mention that you read the blog when contacting our office.
Born With Brain Damage!
Have you wondered why your child is not acting the way he or she should? Has your baby not reached the milestones that you were told that they would? Has the doctor avoided your concerns and told you “everything will be fine?” If any of this has happened to you, your child may have some developmental problem or disorder as a result of the care you received from the doctors, nurses, or hospital. If your gut instinct or your observations cause you to believe your child was not treated appropriately by health providers than contact attorney Alan Ripka.
While watching your child develop, you should look for the following milestones: at a month, your child should be able to lift his head and respond to sounds; at three months, your child should be able to lift his head, follow a moving object from side to side, and hold his arms open. At six months, your child should be able to reach for and grasp objects, pass objects from hand to hand, and pull himself to a sitting position, babble, and recognize familiar faces. At a year, your child should be able to feed himself with finger foods, grasp small objects, stand by himself momentarily, crawl, imitate sounds and actions, show anxiety upon separation from parents, and try to “talk.”
Often times, things go wrong at childbirth, and the mother will not be told. Of course, the doctors are hoping that all is fine and no one needs to know of anything amiss. However, problematic births can cause a lack of oxygen to a baby’s brain, causing severe and permanent brain damage. This means that the baby’s future will require a lot of medical care and money. If you believe your child was wrongfully injured than you have the right to bring a lawsuit against the responsible parties.
If you notice any that any of the above milestones have not been reached at the appropriate times, please reach out to Alan Ripka immediately. Alan Ripka says, “a babies future is everything, and all must be done to protect it.” If you or a loved one has a child who has not reached their development milestones, you may be entitled to compensation. The professional team of lawyers at Napoli Bern Ripka Law Firm can evaluate your situation and determine the next steps to gain justice for you and your family. Napoli Bern Ripka, LLP has fought against large companies in other matters and will fight for you if we believe you have a potential case for medical malpractice, products liability, personal injury, and is prepared to go to court and have a trial if necessary. Please fill out the form and submit or call and ask for Alan Ripka, one of our partners. Please specifically mention that you found us through your blog.
