Archive for May, 2008

Students’ Hotel Room Doors Duct Taped Shut

Wednesday, May 21st, 2008

Parents have complained to a northwest Ohio school board that a chaperone sealed students in their hotel rooms with duct tape during a high school choir field trip.

At a heated meeting Monday, Michelle Mata told the Lake Local school board in Millbury that the tactic panicked her son during a recent weekend trip to Chicago.

Sylvia Keeler said she may file charges. Her son, Mark Hummel, said he worried he could be trapped during a fire.

School board president Timothy Krugh (kroo) told parents the tape was meant to keep students safe.

Schools Superintendent Jim Witt said the tape would show if students violated curfew but wouldn’t have kept them from escaping in an emergency.

Doctor’s Untimely Diagnosis Resulted In Baby’s Blindness

Wednesday, May 21st, 2008

Plaintiffs Dylan and Damyn Norris, twin boys, were born prematurely on Nov. 3, 2000. They developed a condition in their eyes common to premature infants known as retinopathy of prematurity (ROP). Dr. Charles Cox was the ophthalmologist who screened their eyes for this condition. They developed severe ROP, which led to retinal detachments and permanent blindness in both sets of eyes.

The parents sued Cox for medical malpractice, claiming Cox failed to properly screen and timely diagnose their eye condition.

According to plaintiffs’ counsel, the condition cannot be seen without using a magnifying lens and dilating the pupils of the eyes. Only a trained physician can screen for the condition. There are no signs of the condition that would be visible to a layperson until blindness occurs.

Plaintiffs’ counsel maintained that Cox noted that one of the twins had Stage I ROP on Jan. 2, 2001, when he was seen in the neonatal intensive care unit. Plaintiff’s counsel argued that Cox saw the infants at his office on Jan. 10, and said that neither had ROP. On Jan. 29, he saw both of the infants in his office and diagnosed ROP, which was confirmed by a retinologist. However, he failed to catch the condition until it was too late.

Cox denied liability and claimed that the mother to blame. Cox contended that she failed to timely bring the boys to his office for a screening appointment that was to follow the Jan. 10 appointment. Cox claimed that at the Jan. 10 visit the parents were instructed by his staff to bring the boys in within two weeks. However, plaintiff’s counsel noted that his office gave them an appointment date of Jan. 29. Defense counsel maintained that the reason the parents did not report to the office within two weeks must have been due to their own scheduling conflicts.

According to plaintiffs’ counsel, there was no evidence of any such conflict.

The two infants suffered from undetected ROP, which ultimately led to total permanent blindness in both sets of eyes. The plaintiffs’ ophthalmology expert testified that at the time Cox saw the twins on Jan. 10, 2001, the disease’s advancement must have been severe. Had he detected the condition, he could have referred the boys for laser treatment. The treatment has a favorable anatomic and visual outcome with success rates of approximately 85 percent to 90 percent.

The parents sought economic damages for life-care planning, future lost earning capacity and schooling. The estimated cost of attending the Perkins School for the Blind in Massachusetts is more than $100,000 per child per year. The parents also sought damages for loss of enjoyment of life for the twins.

Jurors rendered a verdict in favor of the plaintiffs, awarding damages in the amount of $38 million.

 

Christopher Grieff

$2,000,000 Personal Injury: loss of companionship

Damyn Norris

$1,000,000 Personal Injury: Past Pain And Suffering

$9,000,000 Personal Injury: Future Pain And Suffering

$5,000,000 Personal Injury: future economic expenses

Dylan Norris

$1,000,000 Personal Injury: Past Pain And Suffering

$9,000,000 Personal Injury: Future Pain And Suffering

$5,000,000 Personal Injury: future economic expenses

Jennifer Norris

$3,000,000 Personal Injury: loss of companionship

Christopher Grieff and Jennifer Norris

$3,000,000 Personal Injury: medical expenses

Defense counsel moved for JNOV as well as remittitur. Those motions are pending.

1 Dead After Amtrak Train Collides With SUV In South Florida

Wednesday, May 21st, 2008

A 38 year old Coral Springs man was killed Tuesday morning when a passenger train collided with his sport utility vehicle at a railroad crossing in Pompano Beach.

It happened at about 9:30 a.m. in the 1100 block of West Atlantic Boulevard.

According to investigators, Shawn Crowell, 38, was driving eastbound on Atlantic Boulevard and came to a stop on the tracks in heavy traffic. A New York-bound train, the Silver Meteor, was traveling at an estimated speed of 79 miles an hour, and attempts at an emergency stop were unsuccessful.

“The crossing gates had come down,” BSO spokeswoman Alesia Russell said. “The train conductor had blown his horn and he administered his emergency brakes when the collision occurred.”

The impact of the collision sent Crowell’s car airborne across Atlantic Avenue, coming to rest in a ditch. Rescuers believe Crowell, a father whose wife is pregnant, was killed instantly. Crowell’s wife declined to speak with reporters.

Three other vehicles were damaged in the collision. One driver, 48-year-old Julia Arias Reed, was taken to North Broward Medical Center with non-life-threatening injuries. Two other drivers, 31-year-old Terry Degarmo and 51-year-old Denise Williams, were not injured.

Traffic was closed in both directions on Atlantic Boulevard for most of the day as a result of the collision.

There were 73 passengers and 12 crew members on the train at the time, but none of them reported being injured.

 

Flash Fire Erupts On Oven Range Severe Burning Two Boys

Tuesday, May 20th, 2008

On April 16, 2004, plaintiff Jeofrey Mutuvi-Kavu, 12, and his brother, plaintiff Benson Mutuvi-Kavu, 3, were severely burned after a flash fire erupted from a gas oven range in their parents’ Stanfield home. Jeofrey, with his brother beside him, was about to cook vegetables on the 1996 Electrolux range when the incident occurred.

Benjamin Mutuvi-Kavu and Dora Mutuvi-Kavu, individually and on behalf of their parents, sued Electrolux Home Products Inc., claiming that gas had previously leaked and caused the fire, which resulted from a defective and unreasonably dangerous gas oven range designed and manufactured by the defendant.

Plaintiffs’ counsel asserted that the due to the defective design of the oven, a corrosion hole developed in the aluminum gas supply tube, allowing fleeing natural gas to leak. This opinion was further buttressed by the plaintiffs’ metallurgy expert, their forensic engineering expert, their product design and standards expert and their standards expert.

Electrolux denied that the subject gas oven range was defective and unreasonably dangerous. It asserted that the flash fire was fueled by isopropyl alcohol and that the standing pilot gas range was state-of-the-art at the time it was manufactured in 1996. Defense argued that the hole that was discovered in the oven’s aluminum pilot supply tube occurred post-fire. Additionally, there wasn’t a sufficient amount of natural gas leaking from the oven range to create the flash fire.

This information was further supported by the defense’s fire expert, its design expert, it metallurgy expert and its gas migration expert.

Jeofrey sustained burns to more than 50 percent of his total body surface and an inhalation injury to his trachea, which reduced his breathing capacity to 50 percent. He underwent multiple skin grafts and will need additional surgeries and procedures in the future for release of contractures, according to the plaintiffs’ burn care and trauma surgery expert. The family sought $3,691,819.06 for his past and future medical expenses.

Benson sustained burns to more than 15 percent of his body which included areas of his face and head. He underwent a tissue expansion procedure to replace some of his hair and excise scarring over his head. Causo opined that Benson would require similar procedures in the future. The family sought $3,765,433.55 for past and future medical expenses.

The jury awarded $43,112,000.

Pit Bulls Apparently Kill 7 Year Old On Texas Road

Tuesday, May 20th, 2008

A 7-year-old boy died after he was apparently attacked by two pit bulls along a road, and deputies summoned to the scene had to shoot the dogs before they could reach him, authorities said.

A driver saw Tanner Joshua Monk lying beside a road near Breckenridge on Sunday with two dogs nearby, Stephens County Sheriff Jim Reeves said. She got out of the car to help him, but the dogs became aggressive so she called 911, he said.

Two sheriff’s deputies who came to the scene shot the dogs to death when they also became aggressive toward them. The deputies then found that Tanner was dead, Reeves said in Monday’s edition of the Abilene Reporter-News.

Tanner was found alone about 150 yards from his house and 50 to 75 yards from a neighbor’s house where he had been playing with some friends, Reeves told The Associated Press on Monday. The two pit bulls, along with two others seized at the scene by law enforcement, belonged to those neighbors, Reeves said.

No one was arrested Sunday. Reeves said evidence probably will be presented to a grand jury following an autopsy on the boy and tests on the dogs that were killed. Apparently no one saw what happened on the road north of Breckenridge, about 125 miles west of Dallas, he said.

Child Protective Services is investigating the boy’s family for possible neglectful supervision, spokesman Paul Zimmerman said Monday. He said the family had no prior history with the agency, which is required to investigate child deaths.

It was the second serious pit bull attack on a child in four days in Texas.

On Wednesday in Fort Worth, a woman’s two pit bulls attacked her 2-year-old niece as she was preparing to give the child a bath, police said. The little girl was critically injured, and her aunt also was injured as she lay over the child trying to protect her, police said.

Animal control officers later euthanized the dogs.

 

Not Buckling Up At Night Deadlier Than Day

Tuesday, May 20th, 2008

More than two-thirds of young drivers and passengers killed in nighttime car crashes aren’t wearing seat belts — deadly proof of what can happen when young people don’t heed parents’ pleas and authorities’ threats to “click it.”

Though seat belt use actually is rising slightly nationwide, fatality figures published Monday offered a somber contrast as law enforcement launched its annual pre-Memorial Day drive to persuade Americans to buckle up.

Total belt use rose to 82 percent last year — from 81 percent in 2006 — the government said. Twelve states had rates of 90 percent or better, led by Hawaii and Washington.

Only three were below 70 percent: Arkansas, Massachusetts and New Hampshire, which has a law saying that children up to 18 have to wear seat belts, but doesn’t mandate the same for adults.

But the news was hardly all encouraging.

Sixty-eight percent of drivers and passengers between the ages of 16 and 20 who were killed in car crashes at night in 2006 were unbuckled, said the National Highway Traffic Safety Administration. During daytime, 57 percent of the young motorists and passengers who were killed were not wearing seat belts.

That portion of the study focused on 2006 data and did not evaluate other years.

The problem isn’t just with teens. The percentage of unbuckled drivers and passengers who died at night is well up in the 60s through the age of 44. It declines to 52 percent for people 55-64 and 41 percent for those older than that.

Safety officials say they are emphasizing seat belt use by young people between 16 and 20 during this year’s “Click It or Ticket” publicity campaign through June 1.

Police say they will be issuing tickets to motorists who fail to wear their seat belts, a message that will be supported by a $7.5 million advertising campaign.

Gabriela Sazon, a senior at Calvin Coolidge High School in Washington, is a believer from personal experience. But she also understands the problem among teenagers in general.

She and her mother avoided injuries two years ago when their car flipped on its side on a rain-slicked road. Both were wearing their seat belts.

Sazon said peer pressure can sometimes play a role in teens not buckling up. “They don’t want to seem like a nerd around their friends,” she said.

Said NHTSA administrator Nicole Nason: Teenagers frequently bring a “combination of inexperience and fearlessness” when they fail to buckle up in their cars. “It’s a deadly combination.”

Nason said the agency is urging states to adopt licensing programs for new drivers that prevent them from driving with other teenagers in the car.

She said carloads of teens traveling together can create distractions for the driver and increase the safety risks.

Anne McCartt, a researcher with the Virginia-based Insurance Institute for Highway Safety, noted that seat belt use at night tends to be much lower across all age groups.

Fatal crashes involving teenagers at night are more likely to involve risk factors such as alcohol, she said, so the failure to wear a seat belt “may be part of a more general atmosphere of risk-taking.”

Injured Pitcher’s Family To Sue Baseball Bat Manufacturer

Monday, May 19th, 2008

She wraps her arms around her son, gently raising the spindly 14-year-old boy off a couch to his feet. She hugs him and rubs his back, whispering “I love you” over and over.

Steven Domalewski moves his head to kiss his mother, but all he can manage are slurping sounds in front of her lips. His head flops onto her shoulder, spent from the effort.

Less than two years ago, Domalewski was a happy, healthy star pitcher on a youth baseball team coached by his father. He loved martial arts, climbed every tree on the block and zoomed down his street on inline skates. He once shot an arrow into the wall of his basement rec room.

Now Domalewski is severely disabled, left with brain damage after being struck in the chest by a line drive that stopped his heart while he was playing in a youth baseball game.

His family plans to file a lawsuit Monday against the maker of the metal bat that was used in the game, against Little League Baseball and a sporting goods chain that sold the bat. The family contends metal baseball bats are inherently unsafe for youth games because the ball comes off them much faster than from wooden bats.

There has been a string of injuries the past two decades involving metal bats launching balls that have killed or maimed young players across the country. The Domalewskis’ lawyer claims bat manufacturers put speed ahead of safety; one even advertised a bat so powerful it is capable of “beaning the third baseman” with a line drive.

Attorney Ernest Fronzuto says Domalewski will needs millions of dollars worth of medical care for the rest of his life.

Other than the word “Yeah,” which he repeats over and over, or “Dadada” which he sometimes utters when he sees his father, Steven cannot speak. He also can’t walk or stand on his own, and needs help with everything from using the bathroom to eating.

“My son is serving a sentence, and the only thing he did was pitch to an aluminum bat,” said his father, Joseph Domalewski.

Steven Domalewski’s life changed forever on June 6, 2006, an overcast evening in which his Tomascovic Chargers were playing the Gensinger Motors team on the Wayne Police Athletic League field.

Domalewski was pitching, on the mound 45 feet from home plate. He wasn’t a hard thrower, but he had excellent control. In the fourth inning, the first two batters reached base. He went to a full count on the third batter.

What happened next unfolded in a flash, but has resulted in an agonizing, slow-motion purgatory for Steven and his family.

The batter rocketed a shot off a 31-ounce metal bat. The ball slammed into Steven’s chest, just above his heart, knocking him backward. He clutched his chest, then made a motion to reach for the ball on the ground to pick it up and throw to first base.

But he never made it that far. The ball had struck his chest at the precise millisecond between heartbeats, sending him into cardiac arrest, according to his doctors. He crumpled to the ground and stopped breathing.

His father, a school teacher who had been on the sideline, and a third base coach from the other team ran onto the field. Steven already was turning blue.

Someone yelled, “Call 911!” Within 90 seconds, a man trained in cardiopulmonary resuscitation who had been playing catch with his 9-year-old daughter jumped the fence and started to work on Steven.

Paramedics, who were a quarter-mile away doing a CPR demonstration, arrived within minutes. They placed an oxygen mask over Steven’s face and rushed him to a hospital. But the damage had been done; his brain had been without oxygen for 15 to 20 minutes.

“Pretty much, he died,” Joseph Domalewski said, wiping away tears. “It was just so fast. The thud, you could hear. When it hit him, that seemed to echo.”

The lawsuit is to be filed in state Superior Court in Passaic County, naming Hillerich & Bradsby Co., maker of the Louisville Slugger TPX Platinum bat.

The suit also will name Little League Baseball and the Sports Authority, which sold the bat. It claims the defendants knew, or should have known, the bat was dangerous for children to use, according to the family’s attorney.

Hillerich & Bradsby said Domalewski’s injury, called commotio cordis, happens more often in baseball from thrown balls than batted ones.

“Our 124-year old, fifth-generation family-owned company never wants to see anyone injured playing baseball, the game we love,” the company said in a statement. “But injuries do occur in sports. While unfortunate, these are accidents. We sympathize with Steven and his family, but our bat is not to blame for his injury.”

Stephen Keener, president and chief executive officer of Little League Baseball, declined to comment on Domalewski’s case, but said in a statement, “Little League will continue its strong commitment to player safety, and we feel our well-documented record of safety in youth baseball speaks for itself.”

On its Web site, Little League denied that metal bats are inherently riskier.

“Little League International does not accept the premise that the game will be safer if played exclusively with wood, simply because there are no facts - none at all - to support that premise,” the organization wrote.

Representatives of The Sports Authority did not return repeated telephone messages.

The suit touches on a hotly disputed issue that has been roiling youth and scholastic baseball programs for years.

In 2003, Brandon Patch, an 18-year-old pitcher for an American Legion team in Helena, Mont., was hit in the head by a line drive off an aluminum bat and died several hours later. In Pennsylvania, 15-year-old Donald Bennett was struck in the face by a line drive from a metal bat while pitching in a 2001 game, causing him to lose an eye.

New York City and North Dakota have banned metal bats for youth and school sports, and New Jersey is considering a similar ban.

Several states are studying the issue. Pennsylvania rejected a proposed ban, and Massachusetts did likewise last year - two months after a high school freshman throwing batting practice was hit in the head by a line drive that fractured his skull. He survived and is expected to make a full recovery.

The National Federation of State High School Associations lets its members choose whether to use metal or wood; most colleges use metal bats.

Metal bats are priced at as much as $300 but are considered more cost-effective than wood bats - which sell for under $100 - because they are far less likely to break and can last for years.

Domalewski was playing in a Police Athletic League game, but Little League was sued because the group certifies that specific metal bats are approved for - and safe for - use in games involving children.

Little League reached an agreement with the major manufacturers of metal bats in the early 1990s to limit the performance of metal bats to that of the best wooden bats. On its Web site, the league said injuries to its pitchers fell from 145 a year before the accord was reached to the current level of about 20 to 30 annually.

The league said that since it started keeping records in the 1960s, eight players were killed by batted balls, six of which were hit by wooden bats. The two metal bat fatalities occurred in 1971 and 1973, before the new standards were adopted.

In 2002, the U.S. Consumer Safety Product Commission ruled that there was inconclusive data to support a ban on metal bats in youth and high school baseball games. Its own study found that from 1991 to 2001, there were 17 deaths nationwide because of batted balls - eight from metal, two from wood, and another seven of unknown origin.

Joseph and Nancy Domalewski pray that their son will return to what he was before the injury. But no doctor has told them that is likely.

“I miss my boy, the way he was,” his mother said. “You can’t take away our hope.”

“We describe our days as painful, and somewhat less painful,” his father added. “Our hope is that he walks and talks and becomes a functioning member of society and has kids.”

The Domalewskis have purposely left unfixed the arrow hole that Steven made in the basement.

“We’re saving that for him to spackle when he gets better,” his father said.

Hammocks Sold By LivingXL Recalled Due To Fall Hazard

Monday, May 19th, 2008

Name of Product: Multi Texteline Hammocks and Striped Quilted Hammocks

Retailer: Think Big Products LLC, dba LivingXL, of Canton, Mass.

Importer: CMRG Apparel, LLC, of Canton, Mass.

Hazard: The metal frame for the hammocks can crack and break, causing a consumer to fall to the ground.

Incidents/Injuries: LivingXL has received three reports of injuries, including lower back pain and broken ribs, when the hammock collapsed after the frame broke or cracked.

Description: The recalled hammocks are Model X1010 multi texteline hammock and Model X1011 striped quilted hammock. They consist of a metal frame and cloth hammock. The metal frame is made of steel, is beige in color, and has five pieces, including two foot brackets. The model number is located on the hammock’s packaging and/or instruction sheet.

CDC Says Syringe Reuse Linked To Hepatitis C Outbreak

Monday, May 19th, 2008

A hepatitis C outbreak affecting more than 80 people and exposing tens of thousands more was caused by workers reusing syringes at a Las Vegas clinic, federal health officials said Friday.

The Centers for Disease Control and Prevention report bolsters earlier conclusions by state and county officials, which led to the biggest public health notification operation in U.S. history.

State health officials contacted the CDC on Jan. 2 after two people treated at the now-closed Endoscopy Center of Southern Nevada were diagnosed with acute hepatitis C.

The practice of reusing syringes with the sedative propofol “was observed, and interviews suggested it was a common practice,” the CDC investigators said in a report to the Nevada State Health Division.

“This was considered the most likely mode of transmission,” the report said.

Officials have linked 84 cases of the potentially deadly liver disease to the clinic and have notified 50,000 patients that they may be at risk. Another case was linked to a sister clinic.

The 85 are among about 400 former patients of the center who tested positive. Officials have determined the other patients could have contracted the virus through other means, including intravenous drug use, blood transfusions, organ transplants or kidney dialysis, receiving blood clotting agents before 1987, or sexual contact with a person with hepatitis C.

Hepatitis C results in the swelling of the liver and can cause stomach pain, fatigue and jaundice. It may eventually result in liver failure. Even when no symptoms occur, the virus can slowly damage the liver.

The Endoscopy Center and several other clinics were headed by doctors Dipak Desai and Eladio Carrera, whose Nevada medical licenses have been suspended pending state Board of Medical Examiners hearings.

Las Vegas police have seized medical records from the clinics, and the FBI, the state attorney general and the Clark County district attorney are involved in a criminal investigation. The owners of the clinics have surrendered business licenses and paid $500,000 in fines.

Former patients at the Endoscopy Center are being tested for hepatitis strains C, B, and HIV, the virus that causes AIDS. No cases of hepatitis strain B or HIV have been linked to the outbreak.

Since 1999, the CDC counts 14 hepatitis outbreaks in the U.S. linked to bad injection practices.

The largest outbreak occurred in Fremont, Neb., where 99 cancer patients were infected at an oncology center from 2001 to 2002. At least one died.

Study May Seal Fate Of Heart Surgery Drug

Monday, May 19th, 2008

A rigorous study involving the heart surgery drug Trasylol is likely to seal the drug’s fate, as researchers are left with little doubt of the greater likelihood of death in patients given the anti-bleeding medication.

Linked to Risk of Death

Trasylol (aprotinin) has been used to control bleeding in heart surgery patients since 1993 when it first gained FDA approval. In 2006, serious questions were raised about the drug’s safety when a study linked Trasylol to an increased risk of death, stroke, heart attack and kidney failure.

Additional studies have since linked Trasylol to a heightened risk of death, and experts say that studies that didn’t see an elevated risk of death had numerous weaknesses.

Study Halted over Risk

The latest study to confirm this risk was the first to compare Trasylol directly to two similar, less costly drugs used by surgeons to prevent serious blood loss during cardiac surgery.

According to the study findings, patients who received Trasylol faced a 54 percent greater chance of death than patients given either of the two other drugs. The study was stopped early when researchers noted the higher risk of death in Trasylol patients.

“There was no way we could ethically enroll (more patients) in the trial because we had our answer. I think the results are quite definitive…” said Dean A. Fergusson, lead researcher of the Canadian study.

Off the Market for Good?

Shortly after the study was halted, Bayer AG temporarily pulled Trasylol from the market. Experts are now saying that the drug will likely remain that way, though Bayer said it has not yet decided what it will do.

However, two experts from the Vanderbilt University School of Medicine said that “in all likelihood, this is the end of the aprotinin story.”

Bayer is currently facing more than 80 Trasylol lawsuits.