Huntsville Personal Injury Lawyer

Texting While Driving - Is a Federal Ban Necessary?

Margaret Embry — Thu, 18 Jun 2009 15:05:34 GMT

According to the Montgomery County News, a one car accident occured near Splendora, TX on June 7, leaving the driver critically injured and the passenger dead. The accident has been attributed to the fact that the driver was texting while driving. The passenger, who died several days after the accident,

told the trooper the last thing he recalled was looking up from texting, realizing the truck was about to go into a ditch and calling out to the driver, who he said was also texting.

The next thing he recalled, according to his statement, he was on the ground outside of the truck which was upside down with major damage and his friend critically injured and still inside.

This is an example of one of many accidents occuring because of texting while driving across the United States. Alabama, specifically, ranks the third highest in number of drivers who text while driving in the U.S. (thirty-four percent of drivers), according to a recent survey published by Vlingo Corp. The survey found the highest percentage of texting drivers in Tennessee with forty-two percent, with New Jersey coming in second with thirty-five percent. The lowest percentage was found in Arizona.

While the number of texting while driving related accidents are on the rise, should there be a federal ban on texting while driving? Thirteen states currently have laws against texting while driving and seventeen more states are considering such laws, but some believe that there should be a federal ban, according to an article on CBS News' website. One family whose daughter was killed last year are pushing for a federal ban on texting while driving. The young woman was not texting, but the driver of a tractor trailer a few cars behind her was, leading to her death and the death of another driver.

The largest number of people texting while driving are between 18 and 24. One out of two drivers in this age range text while driving. Some parents who have become worried about their children texting have installed cameras in the young adults' cars. This age group as well as other drivers have learned not to drink and drive because it's against the law so advocates of a federal ban on texting while driving are hoping it will have the same effect as drinking and driving and drivers will keep their eyes on the road and off of their cell phones.

Originally posted at InjuryBoard by Margaret Embry

Follow-Up to Hydroxycut Recall

Margaret Embry — Mon, 18 May 2009 09:41:44 GMT

As a follow-up to the May 1, 2009 Hydroxycut recall post, the FDA has released more information about the recall. As of May 7, 2009,

Iovate Health Sciences USA, Inc. of Blasdell, New York and Ontario, Canada announced today that it is adding Universal Product Codes (UPCs) with respect to the Hydroxycut-branded products sold in the United States and subject to the voluntary recall. These additions all involve additional packages and sizes of products previously referenced.

These additional UPC numbers being added to the May 1st list include:

631656800265 Hydroxycut Hardcore 8 fl. oz. Grape Explosion
631656800210 Hydroxycut Hardcore 8 fl. oz. Triple Wildberry
631656001501 Hydroxycut 280ct-3 Pak Kit *Discontinued*
631656001563 Hydroxycut 280ct-6 Pak Kit *Discontinued*
631656000658 Hydroxycut 100ct-6 month supply (7 bottles+ 4 free) Kit
631656600896 Hydroxycut 2x60ct Club Pack US Kit
631656000672 Hydroxycut 100ct-1 month supply (1 bottle+1 free) Kit *Discontinued*
631656874693 Hydroxycut 58 cap 12-pack Target US Kit *Discontinued*
631656000665 Hydroxycut 100ct-3 month supply (4 bottles+2 free) Kit *Discontinued*
631656002362 Hydroxycut Sachet Twin Pack US Kit
631656860498 Hydroxycut Instant Weight Loss Shot 12 x 2oz - Wild berry US Kit
631656660623 Hydroxycut Hardcore Shredded Stack Kit120ct
631656500585 Hydroxycut 60 Rapid Release Caplets

Iovate initiated this voluntary recall after the FDA reported that 23 consumers had experienced liver-related problems, which is different from Iovate's analysis.

Consumers with questions about the recall can visit www.hydroxycutinformation.com for more information. Consumers can also contact the company by calling 1-877-468-2835 Monday through Friday between 9 am and 5 pm Eastern Daylight Time.

Originally posted at InjuryBoard by Margaret Embry

The FDA Warns Consumers to Stop Using Hydroxycut Products

Tara Helms — Fri, 01 May 2009 13:21:14 GMT

The FDA is warning consumers to immediately stop using Hydroxycut products. Some Hydroxycut products are associated with a number of serious liver injuries. The manufacturer, Lovate Health Sciences Inc. of Oakville, Ontario has agreed to recall Hydroxycut from the market. Hydroxycut products are dietary supplements that are marketed for weight-loss, as fat burners, as energy-enhancers, as low carb diet aids, and for water loss under the Iovate and MuscleTech brand names.

The FDA has received numerous reports of serious health problems ranging from jaundice and elevated liver enzymes to liver damage requiring liver transplant. Other health problems reported include seizures; cardiovascular disorders; and rhabdomyolysis (a type of muscle damage that can lead to other serious health problems such as kidney failure). The FDA continues to investigate the potential relationship between Hydroxycut dietary supplements and liver injury or other potentially serious side effects.

The list of products being recalled by Lovate currently includes:

Hydroxycut Regular Rapid Release Caplets

Hydroxycut Caffeine-Free Rapid Release Caplets

Hydroxycut Hardcore Liquid Caplets

Hydroxycut Max Liquid Caplets

Hydroxycut Regular Drink Packets

Hydroxycut Caffeine-Free Drink Packets

Hydroxycut Hardcore Drink Packets (Ignition Stix)

Hydroxycut Max Drink Packets

Hydroxycut Liquid Shots

Hydroxycut Hardcore RTDs (Ready-to-Drink)

Hydroxycut Max Aqua Shed

Hydroxycut 24

Hydroxycut Carb Control

Hydroxycut Natural

Consumers who have any of the products involved in the recall are advised to stop using them and to return them to the place of purchase. Health care professionals and consumers are encouraged to report serious adverse events (side effects) or product quality problems with the use of these products to the FDA’s MedWatch Adverse Event Reporting program online, by regular mail, fax (800-FDA-0178) or phone (800-FDA-1088).

Originally posted at InjuryBoard by Tara Helms

Women for Justice: Community and Political Outreach

Tara Helms — Mon, 23 Feb 2009 19:00:47 GMT

Recently, the Women’s Caucus of ALAJ got together in support of its community outreach project, the Christian Women’s Job Corp (“CWJC”) of Alabama. The Alabama CWJC is a non-profit, faith-based agency where women in need are equipped for life and employment through job-readiness classes, computer classes, GED training, Bible study, and mentoring from other women.

At last month’s ALAJ Mid-Winter Conference, the Women’s Caucus held a fund-raiser and clothing drive for CWJC. I want to thank the women of ALAJ for taking time out of their busy schedules to bring donations of cash and clothing to the mid-winter seminar in support of this effort. The clothing drive was held to gather professional attire and accessories for CWJC participants. In addition, money was raised which provided seed money for Linda Henry, CWJC’s State Coordinator, to assist her in setting up two additional sites in Alabama. However, this fundraising effort was just the beginning and I call upon our membership to continue its support, through contributions of funds, as well as clothing, of this wonderful organization. It is this type of much-needed support that assists CWJC in its mission to help women in need break the cycle of poverty in their lives.

It is not too late to contribute to CWJC. To make a contribution, checks can be made payable to the Alabama Civil Justice Foundation (“ACJF”) with a notation that the funds are earmarked for CWJC. We still hope to raise an additional $2,500.00 towards our goal. If you have any questions, feel free to contact Nikki Taylor with ACJF at nikki@acjf.org.

For more information concerning CWJC, you can visit their website at www.alabamacwjc.com. The website will provide you with CWJC sites in your area, as well as a detailed “needs- lists” for this organization. Feel free to also contact me directly at helms@martinhelms.com, or by telephone at (256) 539-1990, if you are interested in volunteering in this wonderful organization.

Another important event organized by the Women’s Caucus of ALAJ is Lobby Days. The entire ALAJ organization works extremely hard to achieve its mission of making sure that there is a level playing field in our system of justice. On April 8 and 9, the Women’s Caucus will host its third annual Women for Justice Day in Montgomery. I urge you to participate in this process. As lawyers, our practices and our clients’ future are governed by the rule of law. This is your opportunity to have a positive voice at the State House to address legislative issues which directly affect your practice and your clients. It is a wonderful opportunity to meet with legislators and be a positive voice for ALAJ and the legal community as a whole. Our involvement has been welcomed by the legislators. I can assure you they truly appreciate the interest and involvement from concerned constituents.

I urge the readers to encourage others to join the Women’s Caucus of ALAJ. I also want to invite our membership to attend Women for Justice in April of this year. If you would like to attend, please contact Brenda, at Brenda@alabamajustice.org. I hope to see you in April.

Originally posted at InjuryBoard by Tara Helms

Tony Hawk Boy Pajamas Recalled

Chrissie Cole — Fri, 23 Jan 2009 10:05:00 GMT

Mad Dog Concepts, in conjunction with the U.S. Consumer Product Safety Commission (CPSC), announced a voluntary recall of 25,000 Tony Hawk Boy Pajama Sets because they fail to meet federal children’s sleepwear flammability standards which pose a risk of burn injury to children.

To date, the company has not received any reported cases of injury associated with the recall.

The recall includes the following skateboard-themed boy’s pajama sets:

Boards Estate, Item Number: TH005LSB

Heathen Skull, Item Number: TH006BSB

Backspray, Item Number: TH007GSB

Stix Jester, Item Number: TH008RSB

The agency advises consumers to immediately stop using the recalled pajamas and contact the company to receive a full refund.

Consumer Contact: For additional information, contact Mad Dog Concepts toll-free at (888) 623-3640 between 8:30 a.m. and 5 p.m. ET Monday through Friday.

Originally posted at InjuryBoard by Chrissie Cole

Dangerously Distracted iPod Drivers

Frank Ward — Tue, 07 Oct 2008 16:14:02 GMT

For years now people have been discussing the dangers of drivers talking on cell phones. Some state and local governments now require drivers to use hand-free headsets. More recently the perils of text messaging while driving have been placed in the spotlight. The deaths of five teenagers in New York this summer in a crash caused by the teenage driver text messaging made national news. More recently, the tragic train crash north of Los Angeles, again thrust the dangers of texting back into the nation’s consciousness. Last month California banned texting while driving, joining Alaska, Louisiana, Minnesota, New Jersey and Washington.

Cell phones, however, are not the only electronic devices being used by drivers. What about the dangers of drivers who use iPods or other handheld music players while operating their vehicles? Researchers at the Human Performance Lab at the University of Massachusetts at Amherst have studied the effects of using an iPod while driving. They conducted a study of people driving in a simulator while using iPods. The drivers tested looked away from the road for an average of two seconds when interacting with their iPod. Two seconds may not seem like very long, but it is long enough to triple a driver’s crash risk.

Despite the danger, a brief Google search reveals a host of iPod car chargers and FM transmitters, which allow drivers to listen to their iPods over their car radios, are being marketed to consumers. Apple has given its blessing to these devices by selling them directly through its website. It is surprising that there has not been a public outcry against Apple and iPod accessory makers for their role in facilitating the dangerous use of iPods by drivers. Donald L. Fisher the author of the University of Massachusetts Amherst study has gone on the record stating, “It just seems unacceptable to me, yet they’re selling these holders for the iPod …. Nobody’s talking about this. People are at least talking about texting while driving.”

It is a good thing that this issue is finally getting some attention. New York is currently considering legislation banning iPods and other electronic devices for drivers under 18. Hopefully such legislation and further research will bring this issue to the forefront of the public’s attention.

Originally posted at InjuryBoard by Frank Ward

Vytorin Linked to Cancer?

Tara Helms — Mon, 06 Oct 2008 17:33:12 GMT

The FDA is investigating a report of a possible association between the use of Vytorin and a potentially increased incidence of cancer. Vytorin is a combination of Zocor and Zetia and is generally prescribed to reduce LDL-cholesterol levels. A recent study, however, raises an alarming question: Can the use of Vytorin cause cancer?

A clinical study known as the SEAS trial tested whether lowering LDL-cholesterol with Vytorin would reduce the risk of major cardiovascular problems. A lower cardiovascular risk was not found with Vytorin. However, there was an additional observation that a larger percentage of people treated with Vytorin were diagnosed and died from all types of cancer, including skin cancer, when compared to placebo during the 5-year study. The FDA is considering, but has not yet reached a conclusion, about whether this information warrants any regulatory action. According to the New England Journal of Medicine, “it is appropriate to raise a note of caution. Whether the increased mortality risk is due solely to the play of chance is uncertain. Ezetimibe [Zetia] interferes with the gastrointestinal absorption not only of cholesterol, but also of other molecular entities that could conceivably affect the growth of cancer cells.”

According to the FDA website, Zocor, a “statin” class drug approved in 1991, decreases production of cholesterol by the liver and is indicated to reduce LDL-cholesterol levels and reduce the risk of cardiovascular events such as heart attack and stroke. Zetia, approved in 2002, inhibits the absorption of cholesterol in the intestine and is indicated to reduce LDL-cholesterols. Vytorin, the combination product, was approved in 2004 and indicated to reduce LDL-cholesterol levels.

Earlier this year, Vytorin’s effectiveness was called into question. A company-sponsored trial known as the “Enhance” trial was meant to prove that Vytorin’s combination of Zetia and Zocor would reduce the growth of fatty plaque in the arteries more than Zocor alone. Instead, the plaque actually grew almost twice as fast in patients taking the combination drug.

These recent studies raise serious questions: Does Vytorin work? Can it actually put you at higher risk for cardiovascular problems? Does it put you at an increased risk of getting cancer?

Links to NEJM articles:

Change of opinion: http://content.nejm.org/cgi/content/ful...
Full SEAS Vytorin trial: http://content.nejm.org/cgi/content/ful...
Gene damage study: http://content.nejm.org/cgi/content/abs...

Links to Canadian Medical Association Journal article:

http://www.cmaj.ca/cgi/content/full/179...

Originally posted at InjuryBoard by Tara Helms

Women for Justice 2008

Tara Helms — Thu, 18 Sep 2008 14:45:13 GMT

The year 2008 marks the third year for the Alabama Women’s Caucus of the Alabama Association for Justice. Emily Raley said it well in her role as the first Chair of the Women’s Caucus, that “the role of the Women’s Caucus is to assist women lawyers in developing our skills as lawyers through education, political involvement, networking, and business development.” These goals are being achieved through the work of the Women’s Caucus in association with ALAJ.

Part of the mission of ALAJ is to ensure that its members have the tools needed to provide their clients with a level playing field. Educational opportunities are an important goal in achieving this mission. In addition to the CLE programs offered by ALAJ, the Women’s Caucus offers a CLE during the Women for Justice Day program in Montgomery in April. In addition to the educational benefits of attending the regular ALAJ sponsored CLEs during the fall and winter, the Women’s Caucus CLE offers great opportunities for women to engage in professional development through networking opportunities with other lawyers and professionals. Moreover, the Montgomery location of the CLE offers great opportunities to network and mingle with local legislators, particularly women legislators.

Just as important in achieving the ALAJ mission to provide educations benefits, is the mission to increase political involvement. The entire ALAJ organization works extremely hard to achieve its mission of making sure that there is a level playing field in our system of justice. This Spring, the Women’s Caucus will host its third annual Women for Justice Day in Montgomery. I urge you to participate in this process. As lawyers, our practice and our clients’ future are governed by the rule of law. How many times have you said, “There ought to be a law.” Or, “That is a bad law.” Well, this is your opportunity to have a positive voice at the State House to address legislative issues which directly affect your practice and your clients. I am sad to say that prior to my participation in the first Women for Justice Day two years ago, I knew the names, but not the faces of my local legislators. I had written a few letters, but never took the time to visit the local legislative offices and the State House offices of my representatives. Since that time, I have taken the time to sit down and talk with my local representatives and get to know them. I can assure you they truly appreciate the interest and involvement from concerned constituents.

This year, the Women’s Caucus will be working on a community outreach project as well. The Women’s Caucus will be working to provide assistance to the Christian Women’s Job Corp. The Christian Women’s Job Corp (“CWJC”) is a non-profit, faith-based agency where women in need are equipped for life and employment through job-readiness classes, computer classes, GED training, Bible study, and mentoring from other women. With the support of area volunteers, the goal is to break the cycle of poverty. The Women’s Caucus of ALAJ will be working this year to assist CWJC in its mission to assist these women and the mission of CWJC. We are in the process of organizing a clothing drive where we ask membership to gather professional attire and accessories which can be passed along to CWJC participants. Also, each CWJC site has a hygiene pantry in which all of the basic necessities can be found – items such as shampoo, soap, toothbrushes and toothpaste (that we take for granted) – are readily available and provided to all CWJC participants. Many of these women cannot afford these basic necessities. The Women’s Caucus of ALAJ is calling upon the membership to assist in gathering these items.

My hope for this year is to live up to the standards set by this organization and to build upon the accomplishments of the leadership of the previous years. I am looking forward to working with our current ALAJ members and looking forward to meeting new members. I urge the readers to encourage others to join the Women’s Caucus of ALAJ. By being involved, our members can be a force for positive change. This attitude has been a driving force for this organization.

Originally posted at InjuryBoard by Tara Helms

Insurance Companies Pad Profits

Eric Artrip — Fri, 25 Jul 2008 15:41:22 GMT

A new study on the "Ten Worst" insurance companies confirms what we in the legal business have long known: Insurance companies put profits ahead of those that are injured and even above their own customers. As an attorney, I've seen firsthand how insurance companies conduct themselves in order to pad their profits.

Take, for instance, a woman I am representing. On the day she and her husband applied for life insurance, they bought a temporary policy that would cover them from "day one." However, when her husband died suddenly of a heart attack, the insurance company denied the claim and claimed the check for payment was never cashed.

When I showed them a copy of the canceled check, they changed the reason for the denial. Right now, we're on their fourth reason with no end in sight.

Too often, insurance companies and millionaire CEOs put profits ahead of the health and safety of the public and their customers. When they do, the only place to get justice or hold wrongdoers accountable is in our courts.

For this reason, it's not surprising that insurance companies have spent years and millions of dollars trying to convince Alabamians that the civil justice system is "broken." It's about time they are held accountable. The only thing "broken" are their promises.

Originally posted at InjuryBoard by Eric Artrip

FDA Links Botox to Adverse Reactions and Death

Tara Helms — Wed, 02 Jul 2008 11:34:07 GMT

Botox (Botulinum toxin) has become well known for its use for cosmetic purposes in smoothing wrinkles. Botox, however, has been linked to cases of serious adverse reactions, including death, according to the Food and Drug Administration (“FDA”). The FDA notified the public that Botox and Botox Cosmetic (Botulinum toxin Type A) and Myobloc (Botulinum toxin Type B) have been linked to respiratory failure and death, following treatment of a variety of conditions using a wide range of doses.

Botox (type A) is approved for treatment of conditions such as blepharospasm (spasm of the eyelids), cervical dystonia (severe neck muscle spasms), and excess sweating. Botox Cosmetic, also botulinum toxin Type A, is approved for temporary improvement in facial lines and wrinkles. Myobloc (type B) is approved for the treatment of adults with cervical dystonia. The safety and effectiveness of Myobloc for cervical dystonia in children have not been proven.

The most severe adverse reactions were found in children treated for spasticity in their limbs associated with cerebral palsy. The adverse reactions appear to be related to the spread of the toxin to areas away from the site of injection, and mimic symptoms of botulism. Symptoms of botulism may include difficulty swallowing, weakness and breathing problems. Some patients with difficulty swallowing have required feeding tubes. Also, some patients with breathing problems were unable to breath without the assistance of a ventilator. Serious outcomes included hospitalization and death.

Consumer rights groups have asked the FDA to add the strongest warning, a black box, to the products’ label. These groups have also asked that patient-friendly medication guides be developed alerting patients to the earliest signs of an adverse reaction. However, the FDA has indicated that a black box warning is premature at this time.

Until the FDA has completed its review, the FDA has warned patients and healthcare providers to be alert to the potential for adverse reactions following the administration of Botox. The FDA also advises patients who have received Botox to receive immediate medical attention if they have unexpected difficulty swallowing or talking, trouble breathing, or muscle weakness. The FDA also asks patient to report adverse events to FDA’s MedWatch reporting system.

Originally posted at InjuryBoard by Tara Helms