Personal Injury Lawyer Blog
SoCal Reps' Brother and Girlfriend Die in Boating Accident - Friday, October 10, 2008
The bodies of the brother of two Southern California congresswomen and his girlfriend were recovered from the Pacific just off the coast of Los Angeles on Thursday. Henry Sanchez was the brother of Democratic Reps. Loretta and Linda Sanchez. Sanchez and his girlfriend, Penny Avila, had been missing since leaving in Sanchez's 26-foot motorboat for Catalina Island on October 2nd.
According to the Coast Guard, it appears that the motorboat and a supply barge being towed by a tug boat collided and that it was simply a "very tragic accident." One of the divers who found the wreckage five miles off the coast at a depth of 120 said the barge may have run over the top of the motorboat since the cabin was knocked completely off. Both Sanchez and Avila were found below deck, but investigators are unsure where the two were during the collision.
The tugboat and supply barge were returning to Los Angeles after a supply run to Catalina on the night of the collision. The 128-foot barge was being towed over a thousand feet behind the tugboat. The tugboat captain claims he was unaware there was a collision, and authorities have said it would be difficult to know that something had happened due to the distance between the tugboat and the barge. The weather was clear on October 2nd, but it was dark and there was no moon. The Coast Guard has determined that both the tugboat and barge were correctly lighted.
The family of Sanchez and Avila say both were experienced boaters. Authorities will perform toxicology tests on the bodies, and are still investigating who had right of way in the busy harbor.
Rechargeable Battery Recall - Thursday, October 9, 2008
Around 13,000 rechargeable batteries sold with portable DVD/CD/MP3 players are being recalled by Coby Electronics due to a fire hazard that comes from the batteries overheating. Coby Electronics is based in New York and has satellite offices across the country.
Batteries sold with the TF-DVD 1020 portable DVD/CD/MP3 players with the following serial numbers are the target of the recall:
- DG240043D503000001-1006
- DG240006D503000001-400
- DG240039D603000001-3000
- DG240111D603000001-2000
- DG240143D602000001-3000
- DG240106D602000001-2000
- DG240106D702000001-2000
- DG240183D942000001-100
- DG240071DB02000001-1400
- DG240115D702000001-1726
- DG240115D702000001-2500
These batteries were sold from May 2007 to July 2008 at various discount, music, toy, electronics, office supply stores as well as distributors of electronic products nationwide. Consumers are urged to stop using their TF-DVD 1020 DVD/CD/MP3 players immediately and to contact Coby Electronics for a replacement battery.
Federal Government Sued by Iraq Vet Widow - Wednesday, October 8, 2008
The young widow of an Iraq war veteran who killed himself in March 2006 is suing the federal government for alleged negligence. Tiera Woodward claims that her husband, Donald, sought treatment for depression at a VA hospital in Lebanon, Pennsylvania, after three suicide attempts. He was in outpatient care when he killed himself. Woodward alleges that he was not seen by a psychiatrist for over two months, and that once Donald was diagnosed with severe depression, a psychiatrist did not schedule a follow-up appointment when he went off his medication. The lawsuit seeks compensation for funeral expenses, lost income and pain and suffering.
Donald Woodward's mother says she intends for the VA to "make changes." She says that she has several friends whose children are in Iraq, as well as a nephew in the same unit her son was in.
There are several other lawsuits that have been filed against the VA's mental-health services, including one in Massachusetts over a Marine's 2004 suicide. A suit filed by two veterans groups in San Francisco against the VA seeking an overhaul of its health system was dismissed in June over venue issues.
According to Veterans for Common Sense, over 150,000 veterans from the wars in Iraq and Afghanistan have sought mental health care from the VA, and 200,000 have sought medical care. Post traumatic stress disorder has been blamed for a majority of returning veterans mental health issues, and many critics of the VA allege the agency has failed to provide the appropriate care needed.
High Levels of Formaldehyde in Hurricane Housing Acknowledged by Government Agencies - Tuesday, October 7, 2008
Centers for Disease Control and Prevention (CDC) and the Federal Emergency Management Agency (FEMA) did not act for more than a year on reports of high levels of formaldehyde in trailers used by evacuees of Hurricane Katrina, and most recently Hurricane Rita. The House report comes three days after a New Orleans judge ruled that FEMA can be sued by those who claim they were exposed to formaldehyde fumes.
Complaints of fumes began pouring into FEMA in 2005 when families who lost their homes in Katrina were housed in the government trailers. Incredibly, the CDC assessed that the trailers were safe as long as a window or other vent was kept open. However, the then director of the CDC's Division of Toxicology and Environmental Medicine, Dr. Christopher De Rosa, questioned this assessment. It is alleged in the subcommittee report that Dr. De Rossa was a whistle-blower and was demoted for pushing the agency to take further action to protect the public. This is backed up by the fact that Dr. De Rossa held his position for 16 prior to asking questions about the trailers and was suddenly removed from his position.
The initial appraisal of the high levels of formaldehyde was requested by FEMA in February 2007. However, nothing was done until February 2008 when both FEMA and the CDC acknowledged that the level of toxic fumes was five times higher than those found in most housing. The agencies then sped up their efforts to find safer housing for the nearly 40,000 families living in the trailers.
The CDC complains that the subcommittee was focusing on this 2008 assessment rather than an earlier October revision. The House subcommittee report shows the CDC timeline of what the agency knew about formaldehyde levels, and when it knew about them. Director Dr. Howard Frumkin and Deputy Director Thomas Sinks have testified that they knew nothing about the assessment until July 2007 when the first hearing on the issue was held by Rep. Henry A. Waxman. But after examining the agency agendas, it was found the issue was discussed at least 13 times prior to the July hearing. Frumkin and Sinks also blame De Rossa for making mistakes in the initial assessment. However, it was Frumkin, Sinks, and three others who review the assessment – not De Rossa.
According to the subcommittee report, the reaction of the agency "was marred by scientific flaws, ineffective leadership, a sluggish response to inform trailer residents of the potential risks they faced and a lack of urgency to actually more them from harm's way."
In high enough levels, formaldehyde is known to cause chronic bronchitis, eye irritation, cancer, and other illnesses. Children and the elderly are at higher risk than others for these problems. Formaldehyde is used in glue for fiberboard, plywood, rugs, and more.
Pre-Emption Leading New SCOTUS Term - Monday, October 6, 2008
The Supreme Court is back in session, and at the top of the docket is the looming question of pre-emption. Does Congress have the right to write laws giving the federal government an exclusive ability to regulate laws that bar states from joining in things like lawsuits? The main issue in this new term is immunity from lawsuits for drug companies.
Right now Big Pharma is regulated by the Food and Drug Administration, but this doesn't necessarily mean that state lawsuits are pre-empted. In fact, courts have ruled literally for decades that lawsuits against drug companies can go forward for failing to warn consumers or doctors about the dangers of using or administering certain drugs. Big business has been trying for a while now to have drug companies shielded from lawsuits.
Phenegran
One of the cases before the Supreme Court involves the drug Phenegran and its administration, made by Wyeth. After being injected with Phenegran for nausea during a migraine, a Vermont musician developed gangrene due to the method of injection. She then had to have her arm amputated. A Vermont court found that Wyeth did not properly warn doctors and patients that the type of injection method used posed an increased risk of irreversible gangrene. Wyeth argues that lawsuits, like the one brought forward, are barred since the FDA had already approved the label. What's concerning to consumers and industry critics here is that, for the first time ever, the federal government is siding with the company.
In the past, when the FDA has approved labels, it gives them the absolute minimal warning the drug companies must provide. According to the FDA, the drug companies can do more. This can be problematic since the FDA gets information on the drug labels from the company marketing them. They have said in the past that lawsuits were an "additional check" on the drug industry.
Light Cigarettes
Another case being argued today is that of light cigarettes. The question is can consumers sue cigarette manufacturers that falsely advertise light cigarettes as less dangerous than other cigarettes? Those behind the suit claim that cigarette manufacturers have suggested this claim and the federal court ruling found that the tobacco companies' claims are not only false, but mislead the public about smoking and health risks.
According to tobacco industry critics, pre-emption for cigarette companies is seen as a way for them to avoid lawsuits in every jurisdiction in the country. Because the cigarette labeling act has given all regulatory power over the advertising and labeling of cigarettes to the Federal Trade Commission, the cigarette companies claim they cannot be sued by individuals.
Both of these cases will likely have announcements in the near future which will affect the way big business acts with regard to their products and how they view the public who buys them. Because the Supreme Court has been notoriously big business friendly as of late, lawsuits against large companies may become more difficult for individuals to win.
Contact our Personal Injury Lawyers and Attorneys today to find an experienced motor vehicle accident lawyer near you.
