South Florida Personal Injury Lawyers

The parents of a two-year-old boy who was born with a serious, life-threatening birth defect allegedly caused by maternal use of the popular antidepressant Paxil, have filed a lawsuit against the drug manufacturer seeking compensation for their losses and suffering.

Eric Jackson suffers from Persistent Pulmonary Hypertension of the newborn (PPHN), a severe condition in which the arteries leading to the lungs are constricted, restricting blood flow to the lungs and oxygen into the bloodstream. Nearly 10 to 20 percent of infants born with PPHN will die even with treatment.

The Paxil Lawsuit

Eric’s mother, Lisa Bowden, took Paxil throughout the entire duration of her pregnancy. According to the lawsuit, her son’s condition directly resulted from maternal drug use during pregnancy.

The product liability lawsuit claims that Paxil maker, GlaxoSmithKline (GSK), failed to adequately warn doctors and patients about the serious risks—particularly birth defects risks—associated with the use of Paxil during pregnancy.

“Eric and his family have endured a terrible ordeal. Based on its history, we believe that GSK likely had knowledge or, at minimum, should have known of this very serious risk and warned expectant mothers taking Paxil of this risk,” said Karen Barth Menzies, the family’s attorney.

The Family’s Losses

The Paxil lawsuit, believed to be the first Paxil / PPHN-lung defect claim, seeks unspecified damages to compensate the family for their suffering. Since Eric’s birth, he has undergone a number of medical procedures and treatments in an effort to save his life.

Eric needed prolonged ventilator treatment immediately following his birth, which caused him to develop gastric reflux further requiring another procedure. He also underwent two heart catherization procedures and he still needs medications and oxygen to help him breath.

Paxil and PPHN

There have been three Public Health Advisories issued by the U.S. Food and Drug Administration since December 2005 that warned of the risk of serious birth defects linked to maternal use of Paxil during pregnancy.

Furthermore, a recent study published in the New England Journal of Medicine, found that infants whose mothers ingested Paxil during the last trimester of their pregnancy had six times the risk of developing PPHN and other severe, life-threatening birth defects.

For children Halloween is a night of costumes, candy, and fun. But for sexual predators October 31st will be an opportunity to take advantage of kids out trick or treating. Kids won’t be the only ones going door-to-door this Tuesday. Parole officers will be checking in on convicted sex offenders who may be tempted to violate their parole. Events like Sunday’s Pittsford Family Fun Fest have become a tradition for parents concerned about letting their little ghosts and goblins out trick or treating.

“In this day and age you can’t be too careful, said Russ Gaenzle of Brighton. “This is a great alternative to even considering letting them go out alone. I’m sure it’s probably an opportune time for people who want to take advantage of kids to get them into their house. As oppose to any other time of year.”

To crack down on the two thousand registered sex offenders state wide parole officers instituted “Operation Halloween Zero Tolerance.” It’s a strict curfew for known sexual predators.

“To ensure that they are in the house, and they’re not taking part in any Halloween activities,” said Michael Hayden of the New York State Division of Parole.

“To make sure they’re not answering the door, and they’re not wearing masks thing of that nature. We’re asking all sex offenders to be in their house by three o’clock. They will be there all night,” added Hayden.

Officers will also be armed with portable DVD players to make sure sex offenders are not possessing pornographic material. “In the past our parole officers have made home visits and we have seen DVDs maybe not labeled as pornography. Of course maybe blank under a different cover,” Hayden added.

Checking the state’s sex offender registry to avoid areas where they live is also a good idea. But it’s not the only answer.

“The reality is there are sex offenders in our community that are not part of the registry,” said Pam weaver of the National Center for Missing and Exploited Children. “They may be answering their door. The rules really have to be making your child is safe with everyone who is out on that night.”

Geanzel says making sure his kids are safe doesn’t mean they can’t have a good time. “You can’t let it be all consuming. You know you always worry about your kids. I’m sure our parents did. But you can’t let it ruin what is a good time,” he said.

Kids are also advised to trick or treat in groups, and to avoid homes that are not well lit

On Jan. 5, 2005, plaintiff’s decedent, Dwayne Chamberlain, 69, was shot and killed inside his Hollidaysburg home by Thomas Drass, the couple’s grandson. Earlier that day, Drass had purchased the 12-gauge shotgun and ammunition he used at retail chain Dunham’s Sports in the Park Hills Plaza shopping center.Claiming wrongful death, Chamberlain’s estate sued Dunham’s Sports, Waterford, Mich., alleging negligence. Plaintiff’s counsel contended that because Drass was visibly under the influence of drugs (he admitted to being on methamphetamines) and was functionally illiterate and thus unable to fill out a federal firearms form, Dunham’s sale of the gun to Drass violated federal firearms laws and as well as the store’s own policies.The defense contended that Drass displayed no odd behaviors and completely filled out the form by himself, thereby making the sale compliant with firearms laws.Dwayne Chamberlain was pronounced dead at the scene.

Kathryn Chamberlain, the decedent’s wife, along with the couple’s two adult sons, sought damages for pain and suffering damages and loss of companionship damages.

The parties settled for $300,000. The money will go to Kathryn Chamberlain and the couple’s sons, with a portion of the settlement to be dispensed in monthly payments through an annuity.  

A salmonella outbreak potentially linked to produce has sickened at least 172 people in 18 states, health officials said Monday.

Health officials think the bacteria may have spread through some form of produce; the list of suspects includes lettuce and tomatoes. But the illnesses have not been tied to any specific product, chain, restaurants or supermarkets.

No one has died in the outbreak, which stems from a common form of salmonella bacteria. Eleven people have been hospitalized, health officials said.

“We’re very early in the investigation,” said Dave Daigle, a spokesman for the U.S. Centers for Disease Control and Prevention.

Outbreaks of food-borne illness have repeatedly made headlines this year. Certain brands of packaged spinach, lettuce, carrot juice, beef and unpasteurized milk recently were recalled after they were found to be tainted with illness-causing bacteria.

The most serious outbreak, first reported in September, involved spinach tainted with E. coli bacteria that killed three people and sickened more than 200.

The CDC detected the salmonella outbreak two weeks ago through a national computer lab system that looks for patterns and matches in reports of food-borne illness. The U.S. Food and Drug Administration has joined the investigation and will try to help trace the outbreak to its origin.

Most of the cases are in adults, and more than 60 percent are women, said Dr. Chris Braden, a CDC epidemiologist investigating the outbreak.

The states involved include: Arkansas, Connecticut, Georgia, Indiana, Kentucky, Maine, Massachusetts, Michigan, Minnesota, North Carolina, New Hampshire, Ohio, Pennsylvania, Rhode Island, Tennessee, Virginia, Vermont and Wisconsin.

Fifty-one cases reported in Massachusetts in September are the same strain as that in the national outbreak, said Donna Rheaume, a spokeswoman for the Department of Public Health. It was not immediately clear whether those cases were in addition to the 172 reported nationwide.

Salmonella generally cause a nonfatal, diarrhea-causing illness. Other symptoms can include nausea, vomiting, abdominal cramps, fever and headache.

There are about 2,500 types of salmonella. The type in this outbreak - Salmonella typhimurium - is one of the most common, Braden said.

People can catch the infection from many different sources, including water, soil, insects, factory surfaces, kitchen surfaces, animal feces, and raw meats, poultry and seafoods.

Health officials estimate that more than 1.4 million cases of salmonellosis occur in the U.S. each year. About 1.3 million of those cases come from food, Braden said.

In California, where the E. coli outbreak was traced to, a trade group on Monday proposed mandatory state food safety guidelines for lettuce and spinach farmers and processors. The move by the Western Growers Association would include inspections by state regulators and sanctions for violators.

The California Department of Food and Agriculture, which would be responsible for enforcement, has agreed to work with Western Growers in developing a certification process that would give growers who meet the guidelines a clean bill of health, said Thomas Nassif, the trade group’s president.

“It is not normal for a business to say, ‘Please regulate us and enforce it if we don’t do the right things,”‘ Nassif said. “But that, we believe, is essential to restore public confidence.”

The National Highway Traffic Safety Administration (NHTSA) is considering the impact that strengthening roofs of pick-up trucks and all passenger vehicles will have on reducing the number of deaths in rollover accidents. Rollovers cause about 10,000 deaths each year on the nation’s highways, which is about one-quarter of all fatalities. About 600 deaths and 800 serious injuries have been directly linked to “roof crush” when the vehicle’s roof collapse into the cabin after striking the ground one or several times.