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Columbus Personal Injury Law Blog

Ohio lawmakers seek to protect kids from concussions

In the wake of a recent NFL suit alleging significant injuries associated with repeated head trauma, a newly introduced bill in the Ohio legislature proposes to institute more stringent laws to protect children from sports-related concussions. The measure was submitted by State Representative Michael Stinziano (D), who said that sports injuries accounted for a whopping 15 percent of adolescent brain injuries in the state during the past calendar year.

Adolescents are particularly vulnerable to long-term effects from sports-related concussions, according to legislators, primarily because their brains are still developing.

The importance of observing child car seat laws

With the approach of summer and family road trips, drivers are reminded that Ohio law requires children between the ages of 4 and 15 to be properly restrained by either a child car seat, booster seat, or safety seat at all times while they are being transported by a motor vehicle, with the exception of taxicabs or public safety vehicles.  Observing these important laws can dramatically reduce injuries to young automobile passengers arising out of motor vehicle accidents.  The laws in Ohio concerning child restraint systems are as follows:

If a child is under 1 year old and weighs less than 20 pounds, the child must be in a rear-facing child seat;

If a child is at least 1 year old and weighs more than 20 pounds, the child can ride in a forward facing seat;

A child weighing over 40 pounds must ride in a booster seat until the age of 8, or until the child is at least 4'9" tall.  Boosters properly position the seatbelt.  A high backed booster should be used if the car's backseat is below the top of the child's ears;

Children under the age of 12 should ride in the backseat of the vehicle to prevent airbag injuries and death.  Airbags deploy with great force at an angle that will injury or kill a child;

In addition to exposing a child to serious injury or death, drivers who violate this law can be charged with a misdemeanor.

For more information, contact the Ohio car accident lawyers at Clark, Perdue & List.

Source, DMV.org, "Safety Laws in Ohio: Child Car Seat Laws."

Ohio House passes distracted driving legislation

In an effort to reduce the hazards caused by distracted driving, Ohio is one step closer to banning use of electronic devices by teen drivers. On Tuesday, May 15, the Ohio House of Representatives voted 82-12 to ban teens from using cell phones and other electronic devices while operating motor vehicles. The Senate previously approved the bill and Governor John Kasich is expected to sign it into law.

Under the proposed law, all drivers would be prohibited from texting while driving, but young drivers could more easily be pulled over for doing so. The bill makes texting while driving a secondary offense for adults, meaning that adult drivers could be ticketed for texting only if they were first pulled over for another offense.

According to the Governors Highway Safety Association, Ohio's measure would be among the broadest and strongest in the country in terms of teen distracted driving restrictions. The organization reported that texting while driving is already illegal in 38 states.

Contact the Ohio distracted driving accident attorneys at Clark, Perdue & List for more information.

Source: "Ohio House Passes Statewide Texting Ban for Teenage Drivers" 10Tv.com and The Associated Press, May 15, 2012.

Januvia is a dangerous drug, linked to pancreatic cancer

Januvia, also known as sitagliptin phosphate, is being investigated by the Food and Drug Administration (FDA) as a potentially dangerous drug.  This medication is also available in combination with metformin in a pill known as Janumet.  Although the FDA has issued a safety alert, Januvia and Janumet remain on the market.

Januvia, manufactured and sold by Merck & Co., Inc., is a prescription medication used to control blood sugar levels for people with Type II diabetes.  Januvia was approved by the FDA on October 16, 2006, and nearly 6 million prescriptions had been written by 2010. In the second quarter of 2007, Januvia sales totaled $144 million.

Reports of serious allergic reactions and a potentially fatal skin condition called Stevens-Johnson Syndrome ("SJS") began soon after Januvia was placed on the market.

By October 2009, the FDA ordered Merck & Co. to update the warning labels on packaging for Januvia and Janumet to include a warning for risk of acute pancreatitis, based on 88 cases of pancreatitis reported to the FDA between October 2006 and February 2009.  An FDA review found that over half of the pancreatitis cases resolved when Januvia was stopped.

Recent studies at UCLA found a six-fold increase in pancreatitis among users of Januvia and Janumet when compared to four other diabetes medications. Researchers also found that Januvia and Janumet patients were nearly three times more likely to develop pancreatic cancer.

If you or someone you know has suffered adverse effects due to Januvia, contact the Ohio dangerous drug lawyers at Clark, Perdue & List.

Source: MedCompare, News, Suggests Possible Link Between Two Type 2 Diabetes Drugs and Pancreatic Cancer," Sept. 19, 2011.

Wrongful death suit filed against mine company after collapse

Mines are well-known as incredibly dangerous work environments that need to be carefully monitored and maintained in order to protect the safety of the workers inside. From cave collapses to explosions, serious mine accidents affect hundreds of employees every year throughout the nation. A slew of fatalities and injuries are caused every year by preventable accidents that should have been caught by managers within mine organizations.

The estate of a drill operator killed in an East Fairfield Coal Co. mine has filed a wrongful death suit against the company for $1 million, according to court documents. The man was killed when a ceiling collapsed inside the Subtropolis mine, which is owned by the North Lima-based firm. The accident happened in late April of 2011.

Lawsuits filed against maker of dangerous drug Pradaxa

The first lawsuits alleging injuries and deaths from use of the dangerous drug Pradaxa were recently filed against manufacturer Boehringer Ingelheim. Eight individual suits have been filed in federal courts in Tennessee, Oklahoma, Kentucky and Louisiana--states that have very short statute of limitations for filing pharmaceutical lawsuits against drug makers. These lawsuits include claims against Boehringer for negligent design, negligent manufacture, failure to warn, strict liability, breach of warranty, and violations of state consumer protection laws.

Plaintiffs' attorneys expect that a multi-district litigation ("MDL") will soon be established to consolidate lawsuits arising from this dangerous drug.  It is possible that an MDL for Pradaxa claims could be based in Connecticut because Boehringer's United States headquarters are located in Ridgefield, Connecticut.

Although Praxada was only approved by the Food and Drug Administration (FDA) in October 2009, 505 cases of hemorrhaging have already been reported to the FDA in the first quarter of 2011.  In a study by the Institute for Safe Medication Practices (ISMP), it was reported that 272,119 Pradaxa prescriptions were dispensed in the first quarter of 2011.  The ISMP study found that 932 serious adverse events were reported, including 120 deaths, 25 cases of disability, and 543 hospitalizations.

In addition, the results of seven clinical trials published in the Archives of Internal Medicine in January 2012 found that Pradaxa was "significantly associated with a higher risk" of myocardial infarctions (heart attack) and acute coronary syndrome.

When the drug manufacturer was asked for comment, Boehringer acknowledged that it was aware of a large number of serious adverse drug events connected to Pradaxa.  Boerhinger "attributed the report volume in part to the rapid acceptance of the drug into the market and an active sales force with extensive contact with physicians, resulting in more frequent reports."

The ISMP noted that elderly patients are at greater risk of adverse events, adding that one-fourth of the affected patients were 84 years old or older. "While more study is needed, it may turn out to be a major drug safety mistake for the FDA to have approved a one-dose-fits all drug intervention as risky and sensitive as an anti-coagulation in older patients," said Thomas Moore, ISMP senior scientist.

For more information, contact the Ohio Pradaxa lawyers at Clark, Perdue & List.

Source: Pharmalot, "Pradaxa Side Effect Reports Were Hemorrhaging," Ed Silverman, January 11, 2012.

Federal ban sought to limit distracted driving

U. S. Transportation Secretary Ray LaHood has called for a federal ban on using a cell phone--for texting or talking--while driving.  At a distracted driving summit in San Antonio, Texas, Secretary LaHood voiced support for tough federal legislation to respond to a "national epidemic" of distracted driving.  LaHood had previously supported state laws banning cell phone use by drivers, but this is the first time he has called for a federal law.  Currently, 38 states have laws that restrict or prohibit using electronic devices while driving.

According to the National Highway Traffic Safety Administration, distracted driving caused 3,000 fatal motor vehicle accidents in 2011. The NHTSA reports that using a cell phone while driving delays the driver's reaction time to the same degree as having a blood alcohol concentration of 0.08.

"Every single time someone takes their focus off the road--even if just for a moment--they put their lives and the lives of others in danger," said LaHood. "Distracted driving is unsafe, irresponsible, and, in a split second, its consequences can be devastating. There's no call or email so important that it can't wait," he added.  According to the California Office of Traffic Safety, texting takes your eyes off the road for an average of 5 seconds, which is long enough to travel the length of a football field at 55 mph.  Most motor vehicle accidents happen with less than 3 seconds reaction time.

In addition to the call for a ban on cell phone use, Secretary LaHood reported that the NHTSA was researching the impact of hands-free devices. He has personally called the CEOs of major automobile manufacturers urging them to "think twice" before placing internet-connected systems in cars.

For more information, contact the Ohio cell phone accident lawyers at Clark, Perdue & List.

Source: Reuters, "U.S. ban sought on cell phone use while driving," Jim Forsyth, April 26, 2012

31 people died from dog bites in 2011, according to statistics

According to statistics released on January 4, 2012 by DogsBite.org, 31 people died in the United States in 2011 as a result of dog bites.  Pit bull or pit bull mix dogs were responsible for 71% of the fatal attacks.  Notably, adults fell victim to dog bite attacks over twice as much as children.  Of the 22 people killed by pit bulls, 15 were 32-76 years of age while 7 were 5 years of age or younger.

2011 also saw an increase in the number of people killed by dogs they owned.  Eight of the fatal dog bite attacks recorded in 2011 involved a fatal injury inflicted by a family dog upon its primary caretaker.  Seven of these attacks involved pit bulls.

Over all, 58% of the 2011 fatal attacks occurred to adults and 42% occurred to children. Of the children, 62% of the victims were 1 year old or younger.

So far in 2012, Dogsbite.org has recorded 10 fatalities due to dog bites.  Seven of these victims were children, the oldest of which was 6 years old and the youngest only 2 days old. Of the adult victims, one was an 84-year-old woman and one was a 92-year-old man who was attacked in his front yard.

DogsBite.org is a national dog bite victims' group dedicated to reducing serious dog attacks and educating the public about dangerous dogs.

Source: Dogsbite.org, 2011 Statistics.

Tylenol responsible for infant's death

A Chicago family has filed a suit against Tylenol's parent company, Johnson & Johnson, claiming that the company's products caused the death of their 9-week-old son. The product liability case was filed this week in a Chicago court.

The boy's pediatrician had prescribed Concentrated Tylenol Infants' Drops after the infant received vaccines and appeared to be in pain. The youngster died three days after the dose was administered, according to official records. A product recall for the drops was issued on April 30, 2010, just two weeks after the baby died.

Ohio laws concerning dog bites to change

A number of new Ohio laws concerning dog bites will become effective on May 21. One major change will eliminate classification of dogs as "vicious" according to breed.  Current law classifies certain breeds such as pit bulls, Rottweilers, German Shepherds, and Chows as vicious dogs.  Under the new laws, dogs will be classified as vicious according to each animal's personality and behavior.

The new laws will set out four levels of violations, the least serious of which would be having a dog running "at large," a minor misdemeanor carrying a maximum $120 fine. In addition, another minor misdemeanor will be having a "nuisance" dog.  A "nuisance dog" is defined as a dog that approaches someone in an "aggressive" manner while not on its property.

Having a "dangerous" dog will be a first-degree misdemeanor.  A "dangerous" dog under this law is defined as a dog that injures or kills another dog, regardless of whether the dog is on or off its own property.  A first degree misdemeanor is punishable by up to six months in jail and fines up to $1,500.  Owners of dangerous dogs will be required to purchase a special $50 license in addition to a regular county license.  The dog owner will also be required to post a "dangerous dog" warning sign on their property, spay or neuter the dog, and vaccinate the dog against rabies.  Any dog cited three times as being a "nuisance" dog will automatically be considered to be a dangerous dog.

The most serious level of violation will be having a "vicious" dog.  A vicious dog is defined as one that kills or seriously injures a person.  Possessing a vicious dog will be considered a felony.  If a dog is determined to be a vicious dog, the new law will require that the animal be euthanized.

In an effort to raise awareness about dog bites, the American Veterinary Medical Association will observe national dog bite prevention week May 20-26.

Source: Examiner.com, "Vicious dogs and upcoming Ohio dog laws," Becky Chatelain, April 24, 2012.