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Personal Injury Law

Charlottesville Personal Injury Lawyer Charlottesville Personal Injury Lawyer

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Last Entry: May 20, 2010 at 14:17:20

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Gulf War Syndrome is Real Says Congressionally Mandated Panel

Posted on December 01, 2008
Gulf War syndrome is real and afflicts one-fourth of the 700,000 U.S. troops who served in the War, says a panel report issued in November. A congressionally mandated scientific panel released the report concluding that the syndrome exists, which contradicts almost two decades of government denials...


Additional Crib Dangers May Not be Addressed by Recent Recalls

Posted on November 30, 2008
In October, the Consumer Product Safety Commission (CPSC) issued a recall on 1.6 million Delta Enterprise Corp. cribs, but those cribs that had been fixed by the recall may not be safe after all. The Chicago Tribune reviewed government documents and found another 19 instances of hazards on the Delta cribs, all of which were different from those affected by the recall...


FDA To Review Cosmetic Face Fillers

Posted on November 26, 2008
Plastic surgeons have vowed to aid the government in tracking one of the most popular new beauty treatments, face fillers. This procedure involves facial injections, which use various kinds of gels to smooth away wrinkles, as opposed to Botox, which uses a toxin to act on facial muscles...


AARP Faces Senate Inquiry Due To Misleading Marketing

Posted on November 25, 2008
The AARP, the lobby for older Americans, has hired an outside investigator to look into the sale of some of its more popular health insurance products after a Senate inquiry found evidence of deceptive marketing. The AARP and the UnitedHealth Group, one of the country’s largest insurers, have voluntarily suspended certain policies sold by the UnitedHealth Group that carry the AARP seal...


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HeartMate II Heart Pump Recalled After 5 Deaths

Posted on November 24, 2008
The HeartMate II, a medical heart pump implant manufactured by Thoratec Corp., is being recalled after five people died while using the device. In five years of clinical studies with 1,972 implants, wear and fatigue to an electrical wire have been reported in 27 cases, requiring the implants to be replaced...


Study Shows Vitamin C and E Do Not Prevent Major Heart Events

Posted on November 23, 2008
A recently published eight-year study of more than 14,000 physicians has shown that taking vitamin C and vitamin E does not prevent cardiovascular disease. The findings for vitamin C are nothing new since researchers have found the same results in many other studies; for vitamin E, however, this is a startling new development...


Delays in Veterans Disability Claim Processing Results in Lawsuit

Posted on November 20, 2008
A lawsuit has been filed against the Department of Veterans Affairs by two advocacy groups representing almost 60,000 veterans. The lawsuit claims that the VA is taking up to four years to process disability claims, which is causing economic devastation, homelessness, the breakup of families, and even suicide...


Federal Court Appointments Could Mark Shift in Judiciary

Posted on November 19, 2008
President-elect Barack Obama will be appointing federal appellate judges, and possibly multiple Supreme Court justices, without the difficulties that President George W. Bush had over the past eight years. A Senate controlled by Democrats will ease the process, resulting in a shift to the left in the federal court system...


Supreme Court May Take Consumer Protection Out of the Hands of Consumers in Wyeth v. Levine

Posted on November 18, 2008
The Federal Drug Administration (FDA) is, in theory, in place to regulate the safety, marketing, and labeling of pharmaceutical drugs. However, its ability, or propensity, to do just that is doubted by some that believe the FDA does not hold drug manufacturers accountable for product dangers occurring after the product is on the market...


CPSC Investigates Yamaha's Rhino and UTV Safety Standards

Posted on November 17, 2008
After more than 30 reported fatalities, the U.S. Consumer Product Safety Commission (CPSC) is investigating recreational off-highway vehicles, also known as utility terrain vehicles (UTVs), which are unregulated by the commission. Yamaha Motor Company’s Rhino is a focus of the probe by the CPSC, and the company also faces more than 200 lawsuits, several alleging safety problems with the design of the product...


Big Business Prepares For A Fight In Washington

Posted on November 16, 2008
With President-elect Barack Obama’s victory and the legislative gains by other Democrats, big business now has to go on the defensive. Corporate America faired well under the Bush Administration’s eight-year term and under the reign of the Republican controlled Congress from 1995 to 2007...


Justice Investigates Marketing of Vytorin by Merck and Schering-Plough

Posted on November 16, 2008
The U.S. Department of Justice has begun investigating Merck & Co. and partner Schering-Plough Corp.’s conduct relating to their marketing of Vytorin, an anti-cholesterol medication. A study released in January by the pharmaceutical companies, called ENHANCE, found that Vytorin was no more effective at reducing plaque buildup than Zocor, its generic and much cheaper counterpart, though it did a better job of reducing low-density lipoproteins (LDL), or “bad cholesterol...


ReliOn Insulin Syringes Sold at Wal-Marts and Sam's Clubs Recalled

Posted on November 10, 2008
ReliOn insulin syringes, sold only at Wal-Mart stores and Sam’s Clubs, have been recalled because of mislabeling which may cause an overdose of as much as 2.5 times the intended dose. An overdose may lead to hypoglycemia or other serious health consequences, including death...


NHTSA Attempts to Preempt Certain State Seat Belt Laws

Posted on November 09, 2008
The National Highway Traffic Safety Administration (NHTSA) has attempted to preempt state tort law by redefining “designated seating positions.” The new definition helps determine the number of seat belts required in a vehicle, and eliminates the exception for auxiliary seats...


Blood Transfusions Using Older Blood May Cause Infection

Posted on November 07, 2008
Although the FDA allows blood to be stored for forty-two days, researchers have found that patients who are given blood stored twenty-nine days or longer are twice as likely to get a hospital-acquired infection, as opposed to those patients receiving new blood...


Women Pay More Than Men For Health Insurance

Posted on November 06, 2008
According to new data from insurance companies and online brokers, there is a new gap in the cost of healthcare for men and women of the same age; women are paying much more than men for individual policies providing the same coverage. Some insurance executives were surprised at this disparity in which women may annually pay hundreds of dollars more than men...


Starbucks Sued for Scalding Coffee Spill

Posted on November 04, 2008
A woman in Knoxville, Tennessee is suing Starbucks for $250,000 for burns caused by scalding coffee served with an unattached lid. Jordan Triplett, 23, ordered Starbucks coffee at the store’s drive-through on July 13. When she was handed the coffee, “she experienced extreme heat radiating through the cup and protective cardboard sleeve,” states the lawsuit...


CPSC May Strengthen Crib Standards After Recalls

Posted on October 31, 2008
On October 21, 2008, the Consumer Product Safety Commission issued two separate recalls on cribs, involving almost 1.6 million cribs manufactured by Delta Enterprise Corp. of New York. The CPSC also said it would review crib standards and may issue advanced notice of proposed rulemaking...


CPSC Labeling Requirements for Children's Toy Ads Outlined

Posted on October 31, 2008
The Consumer Product Safety Commission outlined the new labeling requirements for advertisements in catalogues and other printed materials for toys and games with small parts that pose a choking hazard to small children. The Consumer Product Safety Improvement Act of 2008 (CPSIA), signed into law August 14, amended the Federal Hazardous Substances Act (FHSA), and requires that when a product’s packaging requires a cautionary statement, so too does any advertising that provides a direct means for purchase or order...


New Website Ranks Hospitals Around The Country

Posted on October 29, 2008
HealthGrades, a leader in the measurement of health-care quality, just published new online rankings of hospitals around the nation. The company uses a rating system of one, three, or five stars based on how many patients develop complications or die after receiving treatment...


Nissan Recalling 204,361 Vehicles From 2007-2008 Model Years

Posted on October 28, 2008
Beginning November 3, 204,361 vehicles from Nissan Motor Company Limited’s 2007 to 2008 model years are being recalled in the United States due to the possibility that the passenger-side airbag could fail to deploy properly if an accident occurred...


US Senators Probe Cardiac Foundation's Relationship To Device Makers

Posted on October 27, 2008
Much to the dismay of cardiac doctors and medical device manufacturers meeting for their annual convention, two Senators from different sides of the aisle asked questions about the financial ties between the two parties. The lawmakers sent a letter to the sponsor of the convention, the Cardiovascular Research Foundation, asking the companies to disclose any financing received since 2003 from Abbott Laboratories, Medtronic, Boston Scientific, Johnson & Johnson and Medinol...


MRI's May Not All Be the Same - Machine and Radiologist Differences Matter

Posted on October 26, 2008
It seems that MRIs (Magnetic Resonance Imaging examinations) may not be as infallible as many believe them to be. Problems arise from both the quality of the MRI machine, as well as the experience and skill of the radiologist reading the scan. An MRI machine uses magnetic and radiofrequency fields to manipulate hydrogen atoms in the body...


Bush Administration Pushes For Pre-Emption - Taking Power from the Citizenry in Favor of Corporate America

Posted on October 22, 2008
In their last weeks in office, Bush administration officials are urging about fifty federal rules be rewritten to include changes or additions that could block product-safety lawsuits filed by consumers and states. These new rules govern motorcycle brakes to pain medication and will not be able to be undone quickly by the next administration due to a lengthy review process; for example changing rules at the FDA may take a year or more...


Physicians Lose Fight To Have Cold Medicines Banned For Children

Posted on October 22, 2008
A top government official has rejected pediatricians’ calls for an immediate ban on over-the-counter cold and cough medications for young kids under the age of six, claiming it might cause unintended harm. Problems with the drugs send thousands of kids to the emergency room each year complaining of hives, drowsiness, trouble walking and many other side effects, the most dangerous being an overdose...


Medtronic Faces Scrutiny By Congress Over Financial Arrangements with Physicians

Posted on October 22, 2008
Senate lawmakers are pressuring Medtronic to disclose more information about its consulting arrangements with physicians. They cited previous evidence that the company paid surgeons to boost sales of spinal implants. The company is being asked to release information about the doctors who received company payments...


Drugmakers Issue Warning on OTC Cold Medicines for Children - After the FDA Prompts the Move

Posted on October 18, 2008
Drugmakers recently announced that they did not recommend over-the-counter cough and cold medicines for children under 4 years of age. What they did not say in the announcement was that one year before, pediatricians and a panel of independent advisors to the Food and Drug Administration strongly recommended that the FDA ban cough and cold remedies for all children under the age of 6...


Pre-Emption Still Big Issue On Supreme Court Docket - Let the Playing Field in America be Level

Posted on October 14, 2008
As the United States Supreme Court continues its term into October, the Roberts’ Court will continue to adhere to its affinity for issues that are close to the heart of the nation’s business community. The justices are expected to take on major cases involving federal pre-emption of state tort suits, environmental regulation, arbitration, workplace discrimination, anti-trust and pensions...


94% Of Nursing Homes Accused of Violations

Posted on October 14, 2008
Last year, more than ninety percent of nursing homes in the United States were cited for violations of federal safety and health standards; seventeen percent of these caused actual harm or immediate danger to the patients. Some of the problems included bedsores, poor nutrition, medication mistakes, abuse and neglect...


Out-patient Surgeries May Be Skewing Surgical Error Numbers

Posted on October 07, 2008
Surgical errors may be reported inaccurately in Indiana due to nearly half of all surgeries taking place in non-hospital, ambulatory, free-standing outpatient facilities that report a much lower rate of errors than hospitals. In 2007, four surgical errors were reported, while hospitals reported forty-five errors...


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