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Personal Injury Law

Des Moines Personal Injury Lawyer

Commonsense analysis of Iowa personal injury law. Focused on the rights of the common working man and woman.
By Steve Lombardi, Esq.

Post Frequency: 17.4/day

Last Entry: March 31, 2010 at 07:01:00

Prescription Drugs - Liver Damage - FDA Warning - Tysabri

Posted on March 04, 2008
Potential liver damage that can result in the need for a liver transplant in some patients is the significance of an FDA and Biogen Idec, Elan warning associated with the drug Tysabi. Patients taking this drug can read the warning at the FDA link. Tysabri is used in the treatment of Multiple Sclerosis and Crohn's Disease.

The McDonald's Verdict, Tort Deform and other Riddles Revisited

Posted on March 03, 2008
I have to admit that this one was too good to pass on without comment. I've written previously about tort deformers and their mantra and how Madison Avenue has brilliantly fooled most of the nation into believing the sky is falling and we can only save the insurance industry with more tort deform...

Trial Practice Investigation - Medical Device Safety

Posted on March 02, 2008
Let's say you've got a case involving medical devices and it's a contraption you've never seen or heard about. What can you do to become educated about it and about how it has tested in the field of commerce - in this case the medical community. Check out the ECRI Institute's Medical Device Safety Reports database...

As citizens even 8 year olds have responsibilities to society.

Posted on March 01, 2008
May it please the Court? An eight year old boy was skiing; ran into another skier and the collision caused the old geezer injury. So the old geezer in turn sued for damages. One might be lead to ask if this is legal, fair or morally right. And my answer is, "Absolutely, positively, unequivocally - it is!" Why not? Children today want all of the privileges but none of the responsibilities...

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Assessment of Fault in Auto Accidents - Tires and Other Evidence Destroyed

Posted on February 29, 2008
A car accident was reported on by the Newton Daily News, out of North Monroe involving a Dodge Durango and a Pontiac Sunfire. Both drivers were seriously injured and the Durango driver lost her unborn child. Obviously this is a terrible tragedy for the woman...

Iowa Workers' Compensation - What do I need to get benefits?

Posted on February 28, 2008
I have a pretty good analogy that should help answer this question. Think of a car. If there isn't gas in the tank the car can't run. Workers' compensation benefits works a lot like that car engine. If you don't have a medical opinion relating your injury to a work event then the workers' compensation benefits engine won't start up...

SUMMARY OF DECISIONS, IOWA COURT OF APPEALS

Posted on February 27, 2008
This is the summary from the Iowa Court of Appeals decision from February 27, 2008. Periodically I intend to republish selected decision summaries having to do with torts, personal injury or just cases of interest that touch on what could lead to a civil claim for damages...

Iowa Workers' Compensation - Client Question: How do I avoid the war?

Posted on February 26, 2008
QUESTION: I injured my shoulder on the job six months ago. I am scheduled for surgery. I would like to know what the proper procedure is for dealing with work comp. What I am entitled to in Iowa formula weekly while out? I also have been told that I probably will not be able to go back to the same work...

Railroad Liability - Sometimes it's about being a good citizen.

Posted on February 25, 2008
A train with many cars is stopped in a city or town. The train has many cars and those cars once stopped block several of the streets in the city or town. The rail cars are black and this particular night it's very dark. A car comes along and not realizing that a flat bed car blocks the way drives into it, killing the driver and passengers...

Hunting Dog Accident as an Example of Corporate Corruption, the new Organized Criminal Enterprise

Posted on February 24, 2008
The lead has us all wetted for what is going to be a funny story. And you can almost hear the writer say: Let me tell you a funny story. A new SUV for Christmas, a bunch of guys out to duck hunt first stop for a few drinks; then onward to a frozen lake take out dynamite to create a hole, the dog takes off to do what's he's been taught, to retrieve what has been tossed and bring it back to it's owner who is now running and yelling at the dog to drop it, but the dog gets frightened, turns and runs, then hides under the brand spanking new SUV with the dynamite and after it ignites both go down into the frozen lake...

Kill the lawyers! I mean kill ALL the lawyers! What my drugs are tainted? I meant kill all the tort-deformers!

Posted on February 22, 2008
Could the next recall scandal be prescription drugs from China? I pose that question and ask you, "Can we afford the same problems with drugs as we have with toys?" Take a look at this quote from We've already highlighted the New York Times story this week that exposed the frightening reality of the Chinese pharmaceutical market...

Vail Enclosed Bed Systems

Posted on February 21, 2008
This is one of those warnings that people will think "frivolous" right up until the day their spouse or child is discovered dead in bed. The FDA's final warning on the Vail Enclosed Bed System were issued and warns that the bed poses a health risk in that it can trap the user and suffocate them...

What do drunken lemurs and a Dilbert cartoon have in common with a rotten catfish?

Posted on February 21, 2008
Perhaps employees need the right to sue employers when the bosses leave common sense out of decision making and then waste tax payer resources in an attempt to punish employees exhibiting a sense of humor. Consider the following: David Steward worked on a floating gambling barge, I mean casino...

Litmus Test For The Right To Whine About Lawyers, Lawsuits and Trial Lawyers

Posted on February 20, 2008
If you are whining about the shoddy products coming in from China then stop you probably have no right to whine. In the past five years I've listened to more whining about trial lawyers then I needed to hear in my lifetime. So, here is a litmus test to determine if you have any right to whine about trial lawyers, lawsuits and lawyers in general...

Electrical dental and orthopedic equipment leading to burns if not properly maintained.

Posted on February 19, 2008
Defective products can be very dangerous if not properly maintained. We all hate reading instruction or user manuals but as business owners we have a duty to our customers, clients and patients to protect them. The FDA is warning dentists that poorly maintained electrical dental hand pieces used during dental procedures have caused third degree burns requiring plastic surgery to repair...

Victim of stabbing and now a victim of bill collectors.

Posted on February 18, 2008
Cheryl Larsen-Kear was preparing for a funeral trip when she was stabbed. On a quick shopping trip to Wal-Mart she was stabbed by a would-be purse snatcher. Reportedly she had insurance that paid many of her medical bills, but still has $10,000.00 of debt that isn't going away and has been put further out of reach by the assault...

Iowa Car/Truck Collisions - After a car accident there may be a claim against the autobody shop for faulty work.

Posted on February 17, 2008
If you've had your car repaired at the local body shop, and you're involved in a post-repair accident you might consider having the car towed to a different body shop. There are indications that air bag repairs are being improperly performed. You, the owner, are told the airbag is being "repacked", when in fact that is a meaningless repair and the airbag will not deploy again...

Workers' Compensation, Mediated Settlement and the Medicare Set-Aside Trust

Posted on February 16, 2008
I've been asked to discuss how workers' compensation (WC) benefits, a Medicare Set-Aside (MSA) Trust and the Social Security set-off language (SSL) should be set up for a worker who is totally and permanently out of her job. I've been working on a protocol for such claims as the interplay between the MSA and SSL is extremely important when settling a WC claim...

Iowa Workers' Compensation - PERC - Part XIV - Drycleaner workers - Conclusion

Posted on February 15, 2008
The risks are obvious and include the adverse effects from inhalation, skin absorption, fire, joint and muscle overuse and nervous system disorders. You as the lawyer have to know everything about the workers job description, actual work order and extent to which exposure takes place...

Iowa Workers' Compensation - PERC - Part XIII - A look at drycleaning equipment.

Posted on February 14, 2008
Machine Design and Number of Machines -- Evaluation of operator exposures indicated that the most important factor affecting PERC exposure was the drycleaning machine design. Research results showed that worker exposure occurred from three primary drycleaning machine sources: residual solvent expelled from the machine cylinder during loading/unloading, residual solvent off-gassing from garments, and solvent expelled by some machine vents during the deodorizing step...

Iowa Workers' Compensation - PERC - Part XII- Fire Hazard

Posted on February 13, 2008
Fire Hazards - Drycleaning with petroleum-based solvents differs significantly from drycleaning with PERC. The difference goes beyond the fact that the petroleum-based solvents are flammable and PERC is not. However, when the health and safety hazards of petroleum-based solvents are considered, flammability is the most important property...

Iowa Workers' Compensation - PERC - Part XI - Physical Risks

Posted on February 12, 2008
Ergonomic Risk Factors - Doctor Stevenson is an economist I will quote. "Human capital wears out." It's that simple. If you do the same activity enough times the joints used will wear out over time. Pressing and removing wet tangled clothes puts stress on joints that can cause the affected joints to simply wear out...

House Fire In Ottumwa

Posted on February 12, 2008
A house fire in Ottumwa claimed the lives of two children in the early morning hours of February 5, 2008. The house located at 143 N. Willard Street in Ottumwa was engulfed in flames. The parents both escaped. The father was reportedly burned trying to rescue his two children, ages 2 and 11 months...

FDA Announces Recall - Icy Hot is in Hot Water!

Posted on February 12, 2008
Icy Hot Medicated Patches are being recalled by Chattem, Inc. of Chattanooga, Tenn. because of some are just too darn hot. Some consumers reported burns, including second and third degree burns.

Ethanol Plant Death - Absolute Energy ethanol site

Posted on February 12, 2008
An employee working out of Minnesota at the ethanol plant under construction near Mona, Iowa has died. Few details are available although Iowa Occupational Safety Health are investigating. IOSH. OSHA. The employer is Fagen Engineering out of Granite Falls, Minn...

Iowa Workers' Compensation - PERC - Part X - Drycleaning Machinery Maintenance

Posted on February 11, 2008
Machine Maintenance - Real-time evaluation of drycleaning machine maintenance showed that exposures during maintenance were less than exposures during loading/unloading or transfer. Maintenance activities that were evaluated included cleaning the drycleaning machine's lint trap, button trap, and still; changing solvent filters; and disposing of hazardous waste...

Iowa Workers' Compensation - PERC - Part IX - Drycleaning Waterproofing

Posted on February 10, 2008
Waterproofing - Clients will know if the drycleaner where they work offers this service, if they perform waterproofing and how they do it. This same type of process used to be used in automotive repair shops to clean carburetors, causing nervous disorders to exposed workers...

Botox Warnings - Know the risks before being injected.

Posted on February 10, 2008
The FDA has issued an early communication, or warning, that Botox and Botox Cosmetic are being reviewed for safety warnings in light of reports received. There are reports of systemic adverse reactions including respiratory compromise and death following the use of botulinum toxins types A and B for both FDA-approved and unapproved uses...

Iowa Workers' Compensation - PERC - Part VIII - Drycleaning Wearing the Right Protective Equipment

Posted on February 09, 2008
Personal Protective Equipment - This is the workers first line of defense. But just having personal protective equipment is useless if you don't use it or wear it. And if you use it but it's not maintained, working properly or properly worn it may be doing more harm than good...

Iowa Workers' Compensation - PERC - Controlling Exposure - Part VII

Posted on February 08, 2008
Control of Exposure to Perchloroethylene in Commercial Drycleaning - Perchloroethylene (PERC) is the most commonly used drycleaning solvent so unless you know otherwise assume that is the chemical being used. We know from the previous posts that PERC can enter the body through breathing and contact with your skin...

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