Personal Injury Lawyer Blog
Another Settlement in Big Dig Collapse - Friday, November 14, 2008
One of the largest contractors of Boston's Big Dig has settled in the collapse of the tunnel which killed one in July 2006. Modern Continental agreed to pay $21 million in damages and to not perform any more work on the project. They have also filed for bankruptcy, so the settlement must now be approved in bankruptcy court.
Milena Del Valle was killed as she and her husband were traveling through the tunnel to pick up a family member at the airport. Nearly 26 tons of ceiling panels came down on their car crushing it. Del Valle's husband was able to escape with minor injuries.
Modern Continental's settlement ends claims related to their contract with the Massachusetts Turnpike Authority. It is also the latest in settlements over the tunnel collapse. Project manager Bechtel/Parsons Brinckerhoff already agreed to a $407 million settlement for the collapse, leaks, and other design flaws.
Design Errors Blamed in Bridge Collapse - Thursday, November 13, 2008
The National Transportation Safety Board has pinpointed U-10 steel gusset plates for the fatal bridge collapse in Minneapolis last year. Federal investigators said the collapse was inevitable once the steep plates failed due to a design flaw.
Corrosion and cracks in the bridge were ruled out on Thursday, part of a two-day hearing about the NTSB findings. The NTSB was focused on the steel plates as far back as January, and had been stating that it was a probable design flaw that caused the bridge collapse.
On August 1, 2007, the I-35W bridge plunged into the Mississippi River during rush hour. The collapse killed 13 and injured 145. While many people both in and out of government have seen this as a potential alarm bell about the nation's aging infrastructure, it is estimated that nearly 17,000 bridges across the country have gone without an inspection for at least two years due to lax oversight and enforcement.
Infant Medicine Recall - Wednesday, November 12, 2008
Nearly 12,000 bottles of Mylicon Gas Relief medicine for infants has been recalled due to the finding of metal fragments in some bottles. Johnson & Johnson/Merck Pharmaceuticals Co. has voluntarily recalled the medicine, according to the Department of Consumer Protection.
The one-ounce bottles that were subject to the recall were all distributed after October 5, 2008. While only some of these bottles may have metal fragments in them, and the risk is small, the company has decided to recall all of them. It is thought that the metal wound up in the medicine during the manufacturing process.
According to the company, the problems associated with the medicine would be temporary and medical treatment will help clear them up. Parents who are concerned about their children should contact their pediatrician immediately.
The two lots of the medicine that are part of the recall have the product codes:
- 71683791111-1 SMF007
- 71683791111-1 SMF008
These codes can be found on the bottom of the box the medicine came in or the lower left side of the product bottle.
Lack of Arrest Information Cited for Repeat DUI Offenders - Tuesday, November 11, 2008
Last July, a Texas man was arrested on suspicion of drunk driving four times in three states in less than two weeks. This occurred once each in Nebraska and Wyoming, and twice in South Dakota. Because each state allows first-time DUI offenders to post bond and walk without going before a judge, this man was free to continue on his way. While this may seem problematic to those of us who have recently been made aware of the story, it is all the more troubling that he was allowed to go because officials had no idea he'd been arrested in other states for DUI.
The lack of a national system like those for sex offenders has state officials dismayed. Often they have no idea what a person has done beyond their state borders due to jurisdictional differences. Unless someone has been fingerprinted and that information is entered in a timely fashion, they may slip through without paying anything more than a low bond. This is how this individual was able to get arrested twice three days apart in South Dakota without raising alarms – the information hadn't been entered into the state system where it would have been available to the arresting officers. Instead, he was charged with a first time DUI offense on both occasions. The day after his second arrest in South Dakota where he paid a $500 bond, he was arrested in Wyoming. Now, because he has failed to appear for multiple court dates, there are warrants out for his arrest. A possible lesson learned.
While some officials have said that the more someone is arrested for DUIs, the higher the bond, this probably won't stop serial drunks from getting behind the wheel. However, this may all change with the recent introduction of N-DEx, or National Data Exchange. N-DEx is designed so that local, state, and federal records of individuals arrested for DUI are linked. It will gather information such as the arrest and incident report, any incarceration data, and probation data nationwide. It is hoped that by linking the system, someone arrested in Washington State (for example) would not be able to get away with a first time DUI offense in New York six months later.
N-DEx is slated for nationwide use by 2010, but it is already in place in Oregon. While the N-DEx program's participation may be gradual, and it is up to each state's jurisdictions to put in what will be seen nationally, the FBI believes that it will eventually be extremely useful.
According to MADD, there are nearly three million drivers on the road who have three or more DUI convictions, and these drivers are some of the most dangerous on the road.
Covidien Syringes Recalled - Monday, November 10, 2008
It was announced by U.S. health officials last Wednesday, November 5, that Covidien Ltd. Was recalling almost 500,000 single-use syringes that pose risks for diabetics. The Food and Drug Administration stated the mislabeled ReliOn syringes may contain as much as 2.5 times the intended dose of insulin, which can lead to low blood sugar levels or even death. A packaging process mistake is to blame. Syringes labeled with U-40 insulin were mixed with syringes labeled for use with U-100 insulin.
The syringes were sold at WalMart and Sam's Club from August 1 to October 9. Covidien took it upon itself to recall the syringes on October 9, nearly a month before health officials began to warn doctors and patients. WalMart Stores Inc. posted a recall notice in stores and on its website, as well as sent letters to nearly 17,000 consumers.
According to the FDA, one adverse reaction was relayed to the manufacturer.
The recalled syringe number is 813900.
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