Archive for December, 2007

Angier Company Named In Infected Syringe Lawsuit

Friday, December 28th, 2007

A leukemia patient from Illinois has filed a lawsuit against an Angier-based company.Katie Abrams, 30, of Buffalo Grove was hospitalized for nine days after using heparin-filled syringes made by Angier company Sierra Pre-Filled. The bacteria Serratia marcescens has been found in a single batch of the pre-filled syringes and is linked to 40 people becoming ill after taking the heparin, including Ms. Abrams.

She became ill with “uncontrollable shaking, vomiting and a fever the reached as high as 105.5 degrees Fahrenheit,” according to the lawsuit.

Dushyant Patel, president of Sierra Pre-Filled, said last week the bacte

Personal Injury Caps Upheld

Friday, December 28th, 2007

The Ohio Supreme Court upheld caps on damages in personal injury lawsuits in a 5-2 decision issued Thursday.The decision upheld a law approved by the legislature in 2004 that limited jury awards for pain and suffering, mental anguish and other non-economic damages to $350,000 unless the injured person lost a limb or bodily organ.

The court also upheld a cap that limited punitive damages to twice the amount of damages awarded as compensation for injuries.

Chief Justice Thomas Moyer, writing for the majority, noted that the court has repeatedly rejected caps on personal injury lawsuit awards over the last 30 years, finding aspects of various bills adopted by the legislature to be unconstitutional.

But Moyer said the legislation approved three years ago fixed those constitutional problems.

The case stemmed from a lawsuit brought by Melisa Arbino, who sued Johnson & Johnson Pharmaceutical Co. after she suffered blood clots and other medical problems after using a birth control patch manufactured by the company.

Moyer noted that caps on personal injury lawsuits are in dispute in many states but said the court’s role is to determine whether they are constitutional, not whether they are the best public policy.

“The court is not the forum to second-guess such legislative choices,” Moyer wrote.

Justices Evelyn Lundberg Stratton, Maureen O’Connor and Judith Ann Lanzinger joined in the majority opinion. Justice Robert R. Cupp wrote a separate but concurring opinion.

Justices Paul E. Pfeifer and Terrence O’Donnell wrote separate dissenting opinions.

Pfeifer argued that the caps are unconstitutional because they deprive injured people of the benefits of a jury trial.

O’Donnell said the cap on pain and suffering awards “substitutes the judgment of the General Assembly for that of a jury.”

$15.5 Million Awarded In Wrongful Arrest Case

Thursday, December 27th, 2007

More than $15 million in damages was recently awarded to an Illinois man and his wife in a highly publicized civil rights case. The verdict is believed to be the largest ever of its kind to be handed down in the state.

Kevin Fox was arrested in 2004 for the sexual assault and murder of his three-year-old daughter, Riley Fox. After spending eight months in the Will County Jail, Fox was released on the basis of DNA evidence.

Jury Finds Detectives Liable
Fox and his wife, Melissa, filed suit against several of the sheriff’s detectives for false arrest and malicious prosecution, among other things. The jury found the detectives liable for the Foxes’ damages after a seven-week trial and 16 hours of deliberation.

“Everybody should be happy about this verdict, because a jury has stepped up to protect the rights that we all hold dear, and they have sent a message to Will County, and I hope Will County is listening, because this kind of behavior needs to stop,” said Kathleen Zellner, attorney for the Foxes.

The jury awarded Kevin Fox $9.3 million and his wife $6.2 million. Those totals also included punitive damages.

Teen Driving ATV On Miami Street Injured

Wednesday, December 26th, 2007

A 17-year-old boy driving an all-terrain vehicle is in the hospital after a hit-and-run crash in Northwest Miami. On Tuesday, police said the teen, who has not been identified, was driving the ATV westbound on Northwest 58th Street at 4:40 p.m. with a female passenger aboard. Witnesses described a gray or dark colored vehicle running a stop sign and crashing into the ATV.The impact of the crash caused the ATV driver to lose control, ejecting both the driver and the passenger as they continued through an open lot and collided into a parked car.

The driver of the car fled the scene north on Northwest 15th Avenue, according to Miami police.

Witnesses also said that the female passenger of the ATV fled the scene. The 17-year-old ATV driver was taken to Jackson Memorial Hospital Trauma Unit, where he is in critical but stable condition.

The passenger later called police and said she had met the driver of the ATV earlier in the day and had initially fled because she was in shock from the crash.

Police are still searching for the driver of the vehicle. Investigators believe the car may have front-end and right quarter panel damage, including a broken right head light and turn signal cover.

ATVs are not street legal and should not be operated on streets, according to Miami police.

It is unclear if the driver of the ATV will face any charges.

Anyone with information should contact Miami police at 305-579-6600 or Crime Stoppers at 305-471-TIPS.

Minivan Crashes Into Store In Fort Lauderdale, Takes Off

Wednesday, December 26th, 2007

A minivan crashed into a convenience store early Tuesday morning, then fled the scene, but it was all caught on surveillance tape. The Christmas cleanup at the Express Food Stop on West Broward Boulevard took most of the day after a Ford Windstar going the wrong way on the boulevard crashed into the store around 6 a.m.The store’s owner, who was not identified, said he thought the store was being robbed when he heard the crash and that the driver was using the minivan to break in until the driver put the minivan in reverse and fled the scene.

Fort Lauderdale police are searching for the driver and asking anyone with information to call 954-439-TIPS.

7 Year Old Texas Girl Dies On New Bike

Wednesday, December 26th, 2007

A 7-year-old girl was struck and killed by a pickup truck while riding her new bicycle in front of her home on Christmas morning, police and family members said.Jacueline Solis rode the pink and purple bike into the truck’s path as it accelerated from a stop at an intersection, police Sgt. Charlie Delgado said. Jacueline, who got the bike as a Christmas gift, died at the scene.

The driver was not speeding and won’t face criminal charges, police said.

“She was only supposed to ride on the sidewalk,” said Maria Guerra, Jacueline’s aunt.

More than 50 people held a candlelight vigil in Jacueline’s memory Tuesday evening.

“She was just out caroling up and down this street last night,” said Raul Guerra, the uncle of the girl’s father. “She knew about everybody on this block.”

The family was in shock over the loss and dreading future holidays. “They’ll be so difficult for us,” Raul Guerra said. “I don’t know how we’ll do it.”

Zoo Officials Probe Killing By Tiger

Wednesday, December 26th, 2007

The San Francisco Zoo was closed to visitors Wednesday as investigators tried to determine how a tiger escaped from its enclosure and attacked three visitors, killing one of the men and mauling two others.Officials planned to conduct a thorough sweep of the zoo grounds during daylight. They said additional victims were not likely but they were uncertain how long the tiger, a female named Tatiana, had been loose near closing time on Christmas Day before she was killed by police.

Tatiana, a Siberian tiger weighing about 300 pounds, was the same animal that ripped the flesh off a zookeeper’s arm just before Christmas 2006.

The three men - one of them 19 years old and the others in their early 20s - were attacked just after 5 p.m. Tuesday on the east end of the 125-acre zoo grounds near Ocean Beach, police spokesman Steve Mannina said.

They suffered “pretty aggressive bite marks,” Mannina said.

The two injured men were in critical but stable condition Wednesday at San Francisco General Hospital after undergoing surgery to have their wounds cleaned and closed, authorities said. They suffered deep bites and claw cuts on their heads, necks, arms and hands.

The zoo’s director of animal care and conservation, Robert Jenkins, could not explain how Tatiana escaped. The tiger’s enclosure is surrounded by a 15-foot-wide moat and 20-foot-high walls, and the big cat did not leave through an open door, he said.

“There was no way out through the door,” Jenkins said. “The animal appears to have climbed or otherwise leaped out of the enclosure.”

The first attack happened right outside the Siberian’s enclosure - the victim died at the scene. A group of four officers came across his body when they entered the dark zoo grounds, Mannina said.

The second victim was about 300 yards away, in front of the Terrace Cafe. The man was sitting on the ground, blood running from gashes in his head and Tatiana sitting next to him.

The cat attacked the man again, Mannina said. The officers approached the tiger with their handguns. Tatiana moved in their direction and several of the officers fired, killing the animal.

Only then did they see the third victim, who had also been mauled.

Although no new visitors were let in after 5 p.m. Tuesday, the grounds had not been not scheduled to close until an hour later, and 20 to 25 people were still in the zoo when the attacks happened, zoo officials said. Employees and visitors were told to take shelter when zoo officials learned of the attacks.

“This is a tragic event for San Francisco,” Fire Department spokesman Lt. Ken Smith said. “We pride ourselves in our zoo, and we pride ourselves in tourists coming and looking at our city.”

There were five tigers at the zoo - three Sumatrans and two Siberians. Officials initially worried that four tigers had escaped, but soon learned only Tatiana had escaped, Mannina said.

On Dec. 22, 2006, Tatiana reached through the bars of her cage and grabbed a keeper, biting and mauling one of the woman’s arms and causing deep lacerations. The zoo’s Lion House was temporarily closed during an investigation.

California’s Division of Occupational Safety and Health blamed the zoo for the assault and imposed a $18,000 penalty. A medical claim filed against the city by the keeper was denied.

Last February, a 140-pound jaguar named Jorge killed a zookeeper at the Denver Zoo before being fatally shot. Zoo officials said later that the zookeeper had violated rules by opening the door to the animal’s cage.

After last year’s attack, the zoo added customized steel mesh over the bars, built in a feeding shoot and increased the distance between the public and the cats.

Tatiana arrived at the San Francisco Zoo from the Denver Zoo a few years ago, with zoo officials hoping she would mate with a male tiger. Siberian tigers are classified as endangered and there are more than 600 of the animals living in captivity worldwide.

Kentucky Couple Names 14 Companies In Asbestos Suit

Wednesday, December 26th, 2007

A Kentucky couple has filed an asbestos lawsuit against 14 companies, claiming they are responsible for the illness the woman developed.

Phyllis Mae and Harold Dean Branham of Flatwoods, Ky., filed a suit Dec. 5 in Kanawha Circuit Court against several companies, including Nitro Industrial Coverings Inc., UB West Virginia Inc., formerly known as Union Boiler Company and Vimasco Corporation.

According to the suit, Phyllis Branham has been exposed to asbestos, which was a significant factor in her development of malignant mesothelioma.

Harold Branham worked for CSX Transportation as a railroad fireman and engineer from 1946 to 1991. He also worked for Ford Motor Company as an inspector and in various other industrial settings. During that time, he was exposed to dust from the use and removal of asbestos-containing products manufactured, distributed, supplied, used and installed by the defendants.

Phyllis Branham claims she was exposed to the dust brought home by her husband.

In the seven-count suit, Harold Branham claims he has lost the general services, companionship and society of his wife. Phyllis Branham claims she suffered medical expenses, extreme nervousness and mental anguish, and her enjoyment of life has been greatly impaired.

Phyllis and Harold Branham seek compensatory and punitive damages against all the defendants.

Attorney R. Scott Marshall is representing the Branhams. The case will be assigned to a visiting judge.

US Study Says Many Parents Of Fat Children Are In Denial About Their Youngsters’ Weight

Tuesday, December 25th, 2007

A startling number of parents may be in denial about their youngsters’ weight.A survey found that many Americans whose children are obese do not see them that way.

That is worrisome because obese children run the risk of diabetes, high blood pressure, cholesterol problems and other ailments more commonly found in adults. And overweight children are likely to grow up to be overweight adults.

“It suggests to me that parents of younger kids believe that their children will grow out of their obesity, or something will change at older ages,” said Dr. Matthew M. Davis, a University of Michigan professor of pediatrics and internal medicine who led the study, released earlier this month.

“When I see a child that is obese at these younger ages, I take that as a sign of ways nutrition can be improved, a child’s activity level can be improved.”

Among parents with an obese, or extremely overweight, child ages 6 to 11, 43 percent said their child was “about the right weight,” 37 percent responded “slightly overweight,” and 13 percent said “very overweight.” Others said “slightly underweight.”

For those with an obese child ages 12 to 17, the survey found more awareness that weight was a problem. Fifty-six percent said their child was “slightly overweight,” 31 percent responded “very overweight,” 11 percent said “about the right weight” and others said “slightly underweight.”

Dr. Goutham Rao, clinical director of the Weight Management and Wellness Center at Children’s Hospital of Pittsburgh, said obesity in children is not as easy to identify as in adults. “Plus, because of the social stigma, it’s not something that parents are willing to admit to readily,” Rao said.

The survey of 2,060 adults, conducted over the summer by Internet research firm Knowledge Networks, collected height and weight measurements on the children from their parents, then used that to calculate body mass index.

When a child’s BMI was higher than the 95th percentile for children who are the same age and gender, the child was considered obese.

Based on what the parents reported, 15 percent of the children ages 6 to 11, and 10 percent of the children ages 12 to 17, were obese.

The Michigan researchers said that, too, suggests parents underestimate their children’s weight. National estimates indicate about 17 percent of U.S. children are obese under the standard used by the researchers.

Dr. Reginald Washington, a member of the American Academy of Pediatrics and part of the AAP’s committee on childhood obesity, noted that in about half of cases where a child is obese, one or both parents are overweight, too - and parents can take a pediatrician’s concerns as a personal affront.

Experts said doctors need to help parents better understand the health risks of childhood obesity.

“Obesity isn’t just something that affects the clothes that you buy or how you are perceived by your friends and your schoolmates,” Davis said. “It is something that can have health effects, not only in adulthood but in childhood.”

Man Kills Self After Crashing Into US Army Secretary’s Home In Fort Worth, Texas

Tuesday, December 25th, 2007

A man crashed his sport utility vehicle into the home of Army Secretary Pete Geren over the weekend and then shot and killed himself a short time later, Fort Worth police said.It was not immediately clear if the man, identified as 37-year-old Edward McKee, realized that the house he struck early Sunday morning was that of Geren.

Police said McKee then walked to his own garage about a block away and shot himself in the head.

While police were investigating the crash, McKee’s father came up to them and said he thought his son was involved and had shot himself, the Fort Worth Star-Telegram reported in its online edition Monday.

Geren, a former Texas congressman, was confirmed as Secretary of the Army in July.

A message left for a telephone listing for Geren was not immediately returned late Monday.