Bike Accidents

Bike Accidents and Road Striping

Every day, bike riders in Colorado contend with all kinds of challenges from traffic to goat heads. But, there is one hazard that can be easily fixed so that serious injuries can be prevented. That hazard comes from road striping operations, and the excessive glass beads that are left on the road.  Read our detailed report about this hazard and things that you can do to make sure that road striping companies clean up the beads.  Bike Accidents

That’s Allstate’s Scam

Allstate constantly points the finger in its advertising to people that are injured in accidents and has done a mass marketing campaign to create the impression that people who are injured by their policy holders are frauds and scam artists. 

If you are in an auto accident, you will likely see paperwork from insurance companies that warn you if you commit any fraud, they will prosecute you.  But, Allstate doesn’t want to abide by the same standards has been caught ripping off injured people in Washington, and it has been forced to pay the people it hurt through a class action.  Details about the class action can be found here:

Allstates Scam

Allstate did not want to cover the full cost of medical bills so the company used a billing software program that arbitrarily determined the average pay rate for a procedure in the geographical area and then paid out only 85 percent of the rate, according to an attorney for plaintiffs.  And it used these reduction policies on their own policy holders who had paid Allstate for personal-injury protection car insurance.   Allstate paid a percentage of the bills, and it left its policy holders to make uf the difference on their own.  The amount may have been small each time, but it added up to hundreds of dollars that unsureds had to pay out of their own pockets to cover the gap, plaintiffs lawyers said. “They should be forced to disclose that. It’s not fair,” he added.

Judge Downing will be overseeing the approval of the settlement, and having had the honor of working in his Courtroom, I have no doubt that Judge Downing will do an excellent job making sure that Allstate “pays up” instead of “stands on” its own policy holders who are involved in car accidents.

Without Plaintiff’s lawyers, the courts, and citizens to serve on juries, Allstate would be pocketing money that it owes. 

Auto - Pedestrian Accidents

This week, Colorado saw too many pedestrian - automobile accidents on highways.  On October 14, 2007, two pedestrians were hit while attempting to walk from a wreck on Interstate 25 in Lone Tree.  One person in the car got out to inspect the damage and was injured when a second vehicle collided with the stopped vehicle, according to Lone Tree police. One of the pedestrians died today.  Last week two Colorado State Patrol troopers were hit by a pickup that slid into them while they helped a motorist on a highway.  Trooper Zach Templeton died from his injuries Friday evening.

What Should You Do If You’re In Accident On The Highway Or Your Car Breaks Down?

Having your car break down on the highway is frightening.  So what should you do?  Here are some suggestions:

Car Breaks Down Or You Have An Accident & You Can’t Get Over To The Shoulder

Police officers advise that when they have had to stop with a police car in an active lane, officers don’t put the vehicle in park. Instead, they sit with the brake on and carefully watch the rear view mirror ”because we get hit all the time.” If it looks like someone’s coming, you can take evasive action.  Every situation will be different in terms of location, weather and traffic flow, but if you can, police officers suggest that you find a safe place outside your vehicle to wait.

Your Car Breaks Down & You’re On The Shoulder

No matter what time of day it is, or how busy the road, you should never get out of your vehicle. Your best bet is to call a tow truck. Tow trucks can block the highway behind you.  Don’t be afraid to call 911.  You should never open your car door or window to a stranger, especially if you’re a female motorist.

When Is It Safe To Change A Flat Tire?

If you get a flat and you’re on the side of the highway, is it safe to change the tire?

Only if the distance between where the vehicle is, as far as the tire change, does not afford you in any way being an obstruction to a live lane of traffic.”  If you are close to the white line, forget changing the tire.  The preference is that you stay in your car, turn the hazard lights on, and call 911.  If you don’t have a cell phone, place a ‘Call Help’ or ‘Call Police’ sign in your window. Those placards can be purchased at most hardware stores, or you can make one and keep it in your car for emergencies. 

Insurance Company Corporate Policies to Deny Valid Claims

Anderson Cooper has done a wonderful job exposing how insurance companies deny and devalue valid claims while using mass media to persuade Americans that people who are hurt in accidents are all frauds and that juries - which are comprised of Americans themselves  - are stupid and out of control.   In every case that we try, the reason we are going to trial is because the insurance company has made a decision to process the claim in the deny, delay, devalue fashion.  In every case that we try juries express that they believe that “there are too many lawsuits.”  However, in Colorado that has some of the strictest tort reform in the Court, that is not the case.

In Washington when faced with a law designed to make insurance companies treat people fairly, big insurance is fighting hard with a referendum and advertising campaign of misinformation.

[youtube]http://www.youtube.com/watch?v=IvPW087RiJ8[/youtube]

Tile Perfect Stand ‘N Seal Personal Injury Warning

Stand ’n Seal, a do-it-yourself product sold atHome Depot has caused serious lung damage in consumers who used the product.  The New York Times reports that this product recalled in 2005 has stayed on the shelves at Home Depot.  in August 2005 a voluntary recall of 300,000 cans of Stand ‘n Seal was announced.  At that time the Rocky Mountain Poison Center said it had received reports of nearly 60 cases of people having health problems after using a spray-on tile sealant purchased at Home Depot.  The product, “Tile Perfect, Stand ‘N Seal,” is made by Roanoke Companies now known as BRTT.  It was a product designed to make tiling easier. 

Stand n Seal is associated with several life-threatening conditions, including Reactive Airway Dysfunction Syndrome (RADS), chemical pneumonitis, and obliterated bronchitis.

Aside from the serious problems with the chemical composition of Stand n Seal, the grout sealer also was defective as manufactured because the product did not have a pungent odor to signal the spray was toxic. Instead, the product had a sweet, citrus smell, causing users to unknowingly expose themselves to toxic amounts of the dangerous grout sealer.

Cans of the product were not included in the recall until March 2007.  If you have any cans of Stand ’N Seal, compare them with the recall information listed here and return the cans to Home Depot. 

 The product is marketed under the brand name of Tile Perfect™ Stand’n Seal “Spray-On” Grout Sealer. The date/lot codes are printed on the bottom of the can. All cans with date/lot codes starting with the following six digits are included in the recall: A20985; A30985; A10995; A20995; A30995; A11015; A21015; A31015; A11025; A21445; A31445; A11455; A21455; A31455; A11465; A21465. Units with other date/lot codes have been reformulated and are not subject to this recall.

If you, a family member or a friend have been injured by Tile Perfect Stand’n Seal and you need additional, personal information contact one of our Colorado Personal Injury lawyers.

Crib Recall Alert

WASHINGTON — About 1 million Simplicity and Graco cribs are being recalled after three children became entrapped in their cribs and died of suffocation, the Consumer Product Safety Commission said today.Two infants, a 6-month-old and a 9-month-old, died in the recalled cribs, which were sold through May 2007. A 1-year-old child died in a newer model of the cribs, which has not been recalled but is being investigated by the safety agency, CPSC officials said.

CPSC spokesman Ed Kang would not comment on when or where the children died.

Simplicity spokesman Joe Householder said the company will not release further details about the deaths out of respect for the families.

In all three deaths, the consumer had installed the drop-rail side of the crib upside down, the CPSC said. This creates a gap in the crib that children can slide into and suffocate.

Seven other infants have been entrapped in the cribs, according to the CPSC. There have been 55 reports of the cribs’ drop sides detaching or the hardware failing to hold the side to the crib.

Simplicity Inc., of Reading, Pa., is listed as manufacturer of all the cribs, which were made in China. The recalled cribs were sold nationwide, under the Simplicity or Graco brands, from January 1998 through May 2007. The recall involves multiple models and models numbers.

None of the cribs that Simplicity currently supplies to stores is included in the recall, the company said in a statement.

But CPSC is telling consumers who have the newer versions not covered by the recall to check to make sure the drop side is installed right side up and securely attached

Beth Klein meets Madeline Albright

nc4w7549-final.jpgIt’s important to get inspired, and Beth Klein did just that when she met former Secretary of State Madeline Allbright during her recent visit to Denver.  

Gadolinium Contrast Agent and Serious Personal Injuries

The FDA is evaluating important safety information about gadolinium-containing contrast agents and a disease known as Nephrogenic Systemic Fibrosis or Nephrogenic Fibrosing Dermopathy (NSF/NFD) that occurs in patients with kidney failure. New reports have identified a possible link between NSF/NFD and exposure to gadolinium containing contrast agents used at high doses for a procedure called Magnetic Resonance Angiography (MRA). An MRA test uses magnetic resonance imaging to take pictures of blood vessels. During an MRA test, a drug known as a gadolinium-contrast agent is injected into a patient’s vein so blood vessels can be distinguished from other nearby tissues.

The FDA has learned of 25 cases of NSF/NFD in patients with kidney failure who received Omniscan®, a gadolinium-containing contrast agent, and took the MRA test. The FDA is actively investigating whether exposure to a gadolinium-contrast agent for MRA is associated with the development of NSF/NFD. While FDA conducts its investigation, the following recommendations are being provided to health care providers and patients:

  • Gadolinium-containing contrast agents, especially at high doses, should be used only if clearly necessary in patients with advanced kidney failure (those currently requiring dialysis or with a Glomerular Filtration Rate (GFR) = 15 cc/min or less).
  • It may be prudent to institute prompt dialysis in patients with advanced kidney dysfunction who receive a gadolinium contrast MRA. Although there are no data to determine the utility of dialysis to prevent or treat NSF/NSD in patients with decreased kidney function, average excretory rates of gadolinium are 78%, 96%, and 99% in the first to third hemodialysis sessions, respectively (Okada, et al, Acta Radiologica, vol 42 p. 339, May 2001).

Five gadolinium-containing contrast agents are FDA-approved for use during magnetic resonance imaging (MRI), a test that can look at internal body organs and tissues. The trade names of the U.S. approved gadolinium-containing contrast agents are: Omniscan, OptiMARK, Magnevist, ProHance, and  MultiHance. None of these drugs are FDA approved for MRA. The dose of gadolinium-containing contrast agent given to patients undergoing an MRA test is often higher (up to three times) than the approved dose for MRI.

NSF/NFD appears to occur in patients with kidney failure along with high levels of acid in body fluids a condition known as acidosis that is common in patients with kidney failure. Patients with NSF/NFD have tight and rigid skin making it difficult to bend joints. NSF/NFD may also result in fibrosis, or scarring, of body organs resulting in the inability of body organs to work properly and can lead to death. Diagnosis of NSF/NFD is done by looking at a sample of skin under a microscope.

Scientists first identified NSF/NFD in 1997 and the cause of NSF/NFD is unknown. Worldwide, there are approximately 200 reports of NSF/NFD.

The 25 cases of NSF/NFD were reported on May 29, 2006, by the Danish Medicines Agency. Among these, 20 cases occurred in Denmark and five cases occurred in Austria. The patients developed NSF/SFD within 3 months (range 2 weeks to 3 months) after receiving the gadolinium-containing contrast agent. The five patients from Austria are described in a publication: Grobner T. Gadolinium – a specific trigger for the development of nephrogenic fibrosing dermopathy and nephrogenic systemic fibrosis Nephrol dial Transplant. 21(4):1104-8.

The FDA has not yet determined whether exposure by patients with kidney failure to gadolinium-containing contrast agents during an MRA test causes NSF/NFD. The FDA is gathering additional information about NSF/NFD and investigating whether other patients who received gadolinium-containing contrast agents developed NSF/NFD.

The FDA urges health care providers and patients to report adverse event information to the FDA via the MedWatch program by phone (1-800-FDA-1088), by fax (1-800-FDA-0178), or by the Internet at http://www.fda.gov/medwatch/index.html.
Gadolinium is never found in nature as the free element, but is contained in many rare minerals such as monazite and bastnäsite. It occurs only in trace amounts in the mineral gadolinite which was also named after Johan Gadolin. Today, it is prepared by ion exchange and solvent extraction techniques, or by the reduction of its anhydrous fluoride with metallic calcium.

Stevens Johnson Syndrome

We are receiving more and more calls related to Stevens Johnson Syndrome. The calls are heartbreaking. Of note is the number of the calls related to over the counter pain relievers such as Motrin and Children’s Motrin.

Stevens Johnson Syndrome is treated with burn therapies. In Colorado we are fortunate to have excellent burn care units, but the recovery is extremely difficult. Despite excellent care, the symptoms can re-occur. There can also be permanent complications from TEN/SJS can include blindness, dry-eye syndrome, photophobia, lung damage, chronic obstructive pulmonary disease (COPD), asthma, permanent loss of nail beds, scarring of the esophagus and other mucous membranes, arthritis, and chronic fatigue syndrome. Many patients pores scar shut, causing their bodies to loose the ability to regulate temperature.

A list of drugs linked to Steven Johnson Syndrome follows:

Advil / ibuprofen
Ansaid / flurbiprofen
Bextra / valdexocib
Cataflam / diclofenac
Celebrex / celoxicab
Children’s Advil / motrin
Clinoril / sulindac
Daypro / oxaprozin
Dolobid / diflunisal
Feldene / piroxicam
Indocin / indomethacin
Lamictal / lamotrigine
Lodine / etodolac
Nalfon / fenoprofen
Mobic / meloxicam
Motrin / ibuprofen
Naprosyn / naproxen
Oruvail / ketoprofen
Ponstel / mefenamic
Relafen / nabumetone
Tolectin / tolmetin
Septra DS / (all sulpha antibiotics)
Toradol / ketorolac
Vioxx / rofecoxib
Zithromax / azithromycin

These drugs had recent modifications to the BOXED WARNING, CONTRAINDICATIONS and/or WARNINGS sections:

Anaprox /Anaprox DS (naproxen sodium tablets)
Ansaid (flurbiprofen tablets, USP)
Arthrotec (diclofenac sodium/misoprostol) Tablets
Cataflam (diclofenac potassium immediate-release tablets)
Clinoril (sulindac) Tablets
Daypro (oxaprozin) Caplets
Daypro Alta (oxaprozin potassium) Tablets
Depacon (valproate sodium injection)
Depakene (valproic acid capsules and syrup)
Depakote (divalproex sodium coated particles in capsules) Sprinkle Capsules
Dolobid (diflunisal) Tablets
Elidel (pimcerolimus) Cream 1%
Feldene (piroxicam) Capsules
Indocin (indomethacin) Capsules, Oral Suspension, and Suppositories
Lodine (etodolac capsules and tablets)
Lodine XL (etodolac extended-release tablets)
Motrin (ibuprofen) Suspension 100 mg/5 mL
Motrin (ibuprofen tablets, USP)
Nalfon (fenoprofen calcium capsules, USP)
Naprelan (naproxen sodium) Controlled-Release Tablets
Naprosyn (naproxen tablets), Naprosyn (naproxen suspension), and EC-Naprosyn
(naproxen delayed-release tablets
Nimotop (nimodipine) Capsules For Oral Use
Orudis (ketoprofen) Capsules and Oruvail (ketoprofen) Extended-Release
Capsules)
Ponstel (mefenamic acid capsules, USP)
Protopic (tacrolimus) Ointment, 0.03% and 0.1%
Relafen (nabumetone) Tablets
Voltaren (diclofenac sodium enteric-coated tablets)
Voltaren-XR (diclofenac sodium extended-release tablets)
Parnate (tranylcypromine sulfate tablets)
Aleve (220 mg naproxen sodium) Tablets
Aleve Cold & Sinus (220 mg naproxen sodium and 120 mg pseudoephedrine HCl)
Extended Release Tablets
Aleve Sinus & Headache (220 mg naproxen sodium and 120 mg pseudoephedrine
HCl) Extended Release Tablets
Carbatrol (carbamazepine) Extended-Release Capsules
Children’s ElixSure IB (100 mg/5 mL ibuprofen) Suspension
Junior Strength Advil (100 mg ibuprofen) Tablets
Effexor (venlafaxine hydrochloride) Tablets
Effexor XR (venlafaxine hydrochloride) Extended-Release Capsules
Midol Extended Relief (220 mg naproxen sodium) Tablets

Trilepal is another medication used to treat children with epilepsy.

With every new case, we are finding that the number of drugs on our watch list are increasing.

If you have been diagnosed with SJS, we want to know about your case and to do what we can to help.

Magnetix Defective Toy Injuries Lead to Expanded Recall

We hope that the following post will prevent more deaths and serious injuries to young children as the result of a dangerous toy known as Magnetix. Additional serious injuries to children reported following the March 31, 2006 recall announcement of Magnetix Magnetic Building Sets have prompted the U.S. Consumer Product Safety Commission and Mega Brands America, Inc. (”Mega Brands”) (the new owner of Rose Art Industries, Inc.) to announce an expanded recall. In excess of 4 million units are involved.  A news report concerning the problem is here[youtube]http://www.youtube.com/watch?v=90m6Qebpx3Q[/youtube]To date, CPSC and Mega Brands are aware of one death, one aspiration and 27 intestinal injuries. Emergency surgical intervention was needed in all but one case. At least 1,500 incidents of magnets separating from the building pieces have been reported. Although the hazard was initially thought to be a problem primarily for children younger than six, it has since been learned that at least ten injuries involved children between the ages of 6 and 11 years old.

The toy is composed of multiple plastic pieces with small, strong magnets on their sides and corners. The magnets lock the pieces together. If magnets come off and at least two are swallowed, they can clamp together inside the body and cause injury or death. The magnets can travel into the small intestine where they may pinch loops of bowel together, leading to a strangling of the intestine blood supply and gangrene.

The Consumer Product Safety Commission indicates that its investigation is “serious and ongoing.” Parents of children who have been seriously injured or killed as a result of swallowing these magnets should consult a product liability lawyer immediately.  http://www.lawcolorado.net/defective-products/