Category: Legal News

Southwest Flew Unsafe Planes

Documents submitted by FAA inspectors to congressional investigators allege the airline flew at least 117 of its planes in violation of mandatory safety checks. In some cases,he planes flew for 30 months after government inspection deadlines had passed. These planes should have been grounded until the inspections could be completed. The planes were “not airworthy,” according to congressional air safety investigators. Calling it “one of the worst safety violations” he has ever seen, Rep. James Oberstar, D-Minnesota, is expected to call a hearing as soon as possible to ask why the airline put its passengers in danger.

 

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CT Proposing Tougher Penalties On Teen Drivers

The Connecticut legislature is considering tougher penalties on teen drivers that violate the law. The proposed bill aims to place tougher penalties on teen drivers who break the law. Under the bill, if a teen driver is convicted of driving while under the influence of liquor, they would lose their license until they are 21 years old. In addition, if a teen driver gets a speeding ticket, there would be an automatic license suspension. The first ticket would result in losing his or her license for 45 days. The bill also calls for more training hours and parental supervision of teenage drivers.

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Las Vegas Medical Clinic Exposes Thousands To Hepatitis C Virus

It is thought that thousands of patients may be carrying the hepatitis C virus after they received medical care at a Las Vegas outpatient clinic over the last four years. A Clark County investigation has found the clinic was not using clean syringes for each patient anesthetized there. All six have been diagnosed with acute hepatitis C, a blood-borne infectious disease that infects the liver. Ensuing chronic hepatitis can result in cirrhosis and liver cancer. There is no vaccine against hepatitis C. Investigators have found patients received multiple shots using the same syringe from other patients, dipped back into the vials that allowed infection to spread. Five of the six hepatitis C victims had the procedure on the same day.

Anyone getting an injection from a multiple use vial needs to know how it can happen:

A clean syringe is used to draw sedative from a vial.

  • It is then given to a patient previously infected with the hepatitis C virus (HCV). Backflow into the syringe contaminates it with HCV.
  • The needle is replaced but the syringe is reused to draw additional sedative from the same vial for the same patient contaminating the vial with HCV.
  • A clean needle and syringe are used for a second patient but the contaminated vial is reused. Subsequent patients are at risk for infection.

The Southern Nevada Health District has sent warnings to all patients who visited the clinic, the Endoscopy Center of Nevada. There is a chart in the warning showing the mode of infection.

The problems occurred March 2004 to last January. It is estimated about 40,000 patients visited the clinic.

Brian Labus, senior epidemiologist at the district says this is the way they did things at the clinic. It’s the way they have always done things he tells the New York Times.

The blood borne disease, hepatitis C can remain dormant with no symptoms for many years even while it causes damage to the body. However liver damage, jaundice and fatigue are the symptoms. The disease is generally transmitted by sharing contaminated syringes.

Unsafe infection control is a growing public health problem as a mode to transmit HIV and hepatitis.

Of particular concern are the multi-dose vials common in many medications and vaccines to keep costs down by reducing waste. They are also more likely to spread contamination than single-dose vials.

In New York last year, Dr. Harvey Finkelstein, an anesthesiologist in Nassau County, told health officials that he would reuse a syringe to draw medications for patients from more than one vial. Blood backed up on the used syringe could enter a multi-dose vial, potentially spreading infection when that vial was used again.

In that case, state health officials had to notify more than 600 patients to be tested for hepatitis C.

And in 2002, an outbreak of hepatitis C in a Norman, Oklahoma pain clinic found at least 52 people were infected after a nurse used the same needle and syringe to give drugs to many patients.

Three cases of hepatitis C were traced to a New York City anesthesiologist in 2007 who administered pain medication in the same way.

The CDC reports that healthcare providers or anyone administering injections should never reuse a needle or syringe either from one patient to another or to withdraw medicine from a vial. Both needle and syringe are to be thrown away once they have been used. It is not safe just to change the needle and reuse the syringe.

A multi-dose vial should always have medication withdrawn with a clean syringe and needle.

Whenever possible, CDC recommends that single-use vials be used and that multi-dose vials of medication be assigned to a single patient to reduce the risk of disease transmission.

The Connecticut?medical malpractice lawyers at?Sabatini and Associates, LLC provide quality legal representation to clients in Hartford, Connecticut, and surrounding cities including: West Hartford, Newington, New Britain, Avon, Canton, Wethersfield, Glastonbury, East Hartford, Norwich, Granby, Rocky Hill, Bristol, Manchester, East Hartford, Plainville, Berlin, Farmington, Windsor, South Windsor, Bloomfield, Enfield and counties including New Haven County, Tolland County, Hartford County, New London County, Litchfield County and Fairfield County.

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State Law Defective Medical Device Claims Are Preempted

The United States Supreme Court held 8-1 that Food and Drug Administration (FDA) pre-market approval of medical devices barred state court lawsuits by patients injured by such devices. The Medical Device Amendments of 1976 called for federal oversight of medical devices, and provided that states were not to establish or continue in effect any requirement “different from, or in addition to, any requirement” applicable to the device under federal law and which relates to, among other things, safety and effectiveness of the device. The Riegel court determined that common law negligence principles, as applied to medical device manufacture and design, constituted impermissible requirements under the statute.

Justice Ginsberg dissented, stating, “Congress, in my view, did not intend 360k(a) to effect a radical curtailment of state common-law suits seeking compensation for injuries caused by defectively designed or labeled medical devices.” However, the majority explicitly stated that this was precisely what the pre-emption, by its very terms, had done.

The Supreme Court’s decision has effectively terminated an injured person’s ability to recover compensation for injuries caused by unsafe and defective medical devices. It will take legislation from Congress to undo this damage to the rights of injured people.

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9.4 Million Dollar Bad Faith Judgment

It is the first of its kind ruling against Big Insurance.?Health Net says after a $9.4 million dollar judgment, it got the message and will stop canceling health?policies. The change in direction stems from the case of 52-year old hairdresser, Patsy Bates who was suffering from breast cancer,?diagnosed in 2004.?

A salesman had signed Bates up for the policy, even though she already had coverage. She thought Health Net would cover her surgery and chemotherapy. But after two chemo treatments the insurer stopped paying. ?

Bates had $129,000 in unpaid medical bills and since she couldn?t afford it, doctors stopped treating her.

“I was devastated. I didn’t know what was going to happen,” Bates told ABC News. “It’s boggling that someone can do that to you.”

Bates sued her insurer and Friday a California judge ordered Health Net to pay her the amount which includes $8 million in punitive damages.

In the landmark ruling, the outraged judge wrote: “She had valid health insurance ? when the rug was pulled from underneath, and that occurred at a time when she is diagnosed with breast cancer, one of the leading causes of death for women.”

Judge Sam Cianchetti called Woodland Hills-based Health Net?s actions ?egregious? in a 21-page ruling. And he said they acted in bad faith, had no concern for the interests of the insured and broke state law.

The Connecticut?personal injury lawyers of Sabatini and Associates, LLC provide quality legal representation to clients injured in slip and fall accidents ?in Hartford, Connecticut, and surrounding cities including: West Hartford, Newington, New Britain, Avon, Canton, Wethersfield, Glastonbury, East Hartford, Norwich, Granby, Rocky Hill, Bristol, Manchester, East Hartford, Plainville, Berlin, Farmington, Windsor, South Windsor, Bloomfield, Enfield and counties including New Haven County, Tolland County, Hartford County, New London County, Litchfield County and Fairfield County.

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