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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

Federal Preemption: Is the FDA testing process fail-safe and protecting you, the patient?

Posted on October 12, 2008
Cardiopulmonary bypass disposables are subject to a voluntary recall. You might still be asking whether issues involving federal preemption are worth the fifteen minutes it takes to write to your Congressman about. Well consider the following. Are you smart enough to know how this recalled product might affect you? The FDA issues alert notices about recalls...

Breast Cancer Awareness: Score one for the survivors

Posted on October 11, 2008
More sufferers survive breast cancer today than did the sufferers of previous generations (check out the survival rates based on staging – it’s quite impressive but could still stand improvement; nowadays, there’s a 97% five-year survival rate when localized breast cancer is caught before it spreads to other parts of the body)...

Federal Preemption - Part VI - As a doctor should I be concerned?

Posted on October 11, 2008
Doctors unfortunately have much to lose with federal preemption. Doctors are put in a vice between the drug companies and their patients. While the FDA approves drugs for patient consumption, doctors exercise judgment to do what will not harm the patient...

Federal Preemption Part V - How do I contact my Congressman and what do I say?

Posted on October 10, 2008
Here is a sample letter provided by the Americans for Drug & Device Accountability. You can determine the names and addresses of your elected officials by using these links: Contact your Senator or your Representative. September 13, 2008 Congressman's Name Title Street Address City, State and zip code Dear (Add title or name): I am writing to express my deepest concern about FDA Preemption of medical devices and drugs...

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Federal Preemption Part IV - Is all federal preemption bad?

Posted on October 08, 2008
The answer is no. Federal preemption is not all bad. I can see why it’s necessary in the area of immigration as well as national defense. I can appreciate how society benefits when applied to telecommunications regulations and federal highway design...

Federal Preemption: What if they recalled a drug, say Heparin, but the hospitals and pharmacies failed to take it off the shelf?

Posted on October 07, 2008
What if they recalled a drug, say Heparin, but the hospitals and pharmacies failed to take it off the shelf? A recall of the drug Heparin by Baxter has proven for some to be useless and continues to be a threat. The FDA gave notice of a voluntary recall by Baxter of the drug Heparin that began on January 2008...

Federal Preemption Part III - Who are the players for you and for big business?

Posted on October 05, 2008
- Consumer Advocate Groups concerning Federal Preemption – Americans For Drug & Device Accountability - AMERICANS FOR DRUG AND DEVICE ACCOUNTABILITY is a bi-partisan coalition of health-care professionals, patient advocates, business people, and concerned citizens...

Man's penis is amputated by surgeon in Kentucky leading to a medical malpractice lawsuit

Posted on October 05, 2008
There is a story in the State Journal of Frankford, Kentucky between a surgeon and his patient that will invite comments from about half the men of Kentucky. Here’s the story. - FACTS, FICTION, TRIAL THEMES AND THE PLOT A penectomy is removal of the penis by surgical means for medical reasons...

Federal Preemption Part II: What issues raise questions of federal preemption?

Posted on October 04, 2008
I’ve previously described federal preemption and why you should care. It’s about protecting people against corporate power that tends to trample on the rights of individuals for the sake of making greater profit. In all these areas, billions of dollars hang on regulatory nuances and arcane points of legal interpretation...

School Safety / Cheerleading: Sport or no sport, it's time for someone to step up to the plate...

Posted on October 02, 2008
As one can see by simply perusing the website, Injuryboard can generate some controversial opinions. It was just a week ago that I posted “Cheerleaders dropping like flies;” and several different viewpoints have been brought to light in lieu of that post...

Breast Cancer Awareness: Know the Signs and Symptoms

Posted on October 02, 2008
As I commented in yesterday's post, Breast Cancer Awareness Month is upon us. So get ready to be enlightened. Pink is the color of choice, folks; you'll undoubtedly see a great many pink ribbons adorning handbags, candies, pens and papers, and even people themselves (just this morning a lady came through my office with a basket of the most adorable metal pins - glittery and pink, of course - which were attached to cardstock containing statistics relevant to breast cancer...

Rx Safety - How can I tell what this pill is?

Posted on October 02, 2008
Here is a website that addresses pill identification by numbers or letters imprinted on the pill or tablet, the shape and the color. It addresses the top 10 medication mistakes parents make. Pill splitting do's and don'ts...

Breast Cancer Awareness - Click to give a free Mammogram

Posted on October 02, 2008
As you know mammograms are the diagnostic tool for detecting breast cancer and thus it saves lives. What if a simple click would bring someone somewhere a free mammogram? Well it does and it will if you do it. So do it! Early Detection: Do You Know The Facts? The National Breast Cancer Foundation estimates that each year, over 200,000 women will be diagnosed with breast cancer and over 40,000 die...

Breast Cancer Awareness: Educating the Masses and Searching for a Cure

Posted on October 01, 2008
It’s October 1st, which means it is officially Breast Cancer Awareness Month. As such, we feel it necessary to pay tribute with an informational post concerning information and statistics related to the disease. We all know just how common breast cancer is, but are you aware that the disease is the number one cancer to affect women in the United States? And did you know that there are slightly over two million women living in the United States and suffering from the disease right now, or that 40,000 of those women are expected to die from the disease this year? Terrifying, isn't it? What's worse, is that those statistics are just pertaining to women; they don't even begin to factor in the number of incidents and deaths that occur amongst men who suffer from the disease...

What is federal preemption and why should I take the time to care?

Posted on October 01, 2008
I grew up as a small boy in New England whose father died of lung cancer. He was twelve when he started to smoke and I was thirteen when he passed away. His wife, my mother was just thirty-seven and he left her with five children under fourteen. We didn’t have much and didn’t ask for much, except to be educated...

School Safety: Has removing vending machines from schools helped?

Posted on September 30, 2008
Today I'll use my post as a sort of follow-up to my previous post concerning vending machines in schools and on-campus. It's ironic that, almost immediately after posting the aforementioned article, I read a similar position piece in one of New York's Dailies...

Construction Site Safety: ROP's and why you need them.

Posted on September 29, 2008
Construction Site Safety - The AP reports on a Kentucky mine worker dying after his bulldozer tipped over when pushing debris over a 180-foot wall an American coal mine. He's the twentieth coal miner killed this year in the U.S. Here in the Midwest, Iowa, we see this same type of accident when farmers driving tractors get too close to a field terrace...

Consumer Product Safety - Importing Consumer Products Can Impose Third World Regulatory Standards on America

Posted on September 28, 2008
Two prenatal units in Turkey had 40 newborns die of bacterial infection. What hospitals are involved? "In July, the Ankara facility became the scene of any parent's hell. A total of 27 newborns died there within two weeks, most of them from infection...

School Safety: Dangerous Trap on Campus

Posted on September 27, 2008
Schools are supposed to be safe havens, right? We drop off elementary students, allow high schoolers to go on their own, and encourage graduates to go forth with their secondary education. Our campuses are supposed to be safe; yet, nearly every campus has the same dangerous trap: the vending machine...

Product Safety: When they came for me, there was no one left to speak out

Posted on September 26, 2008
The growing list of contaminated food products continues. CONTAMINATED PRODUCT LIST: (Not exhaustive.) Baby formula. Pet food. Ice cream bars. Liquid milk. Candy. Chocolate-filled cookies. Baby cereal. Cheese pizza. - Pizza Hut in Honk Kong. COUNTRIES AFFECTED: China - United States - New Zealand - European Union...

FOR SALE! Florida Swamp Land with a VIEW! Only $700 Billion!

Posted on September 26, 2008
Quick Sale Terms - No Due Diligence Required! HURRY! It will go quickly! From my childhood I recall the saying, "If you like that deal I've some swamp land in Florida that's also for sale." And it begs the question, why anyone spending $700 billion would be a proponent of urgency; the need to rush into a decision...

School Safety: The Cost of Bulking Up

Posted on September 26, 2008
Earlier this month I discussed the prevelance of drugs in schools around the nation. One thing I neglected to mention, however, was that anabolic steroids were not factored into those statistics; this could be a problem, considering students are taking steroids and steroids are in fact a drug...

School Safety / Cheerleading: Acknowledged as competitive, but not recognized as a sport

Posted on September 25, 2008
Iowa Elite Cheer, Inc. (which is a competitive organization that focuses on the performance aspects of competitive cheerleading) states that their primary goal is "to build the best and most esteemed place in Iowato compete in All-Star Cheerleading." Whew - sounds intense...

AIG - What happens to my structured settlement if the insurance company goes broke?

Posted on September 25, 2008
AIG Bailout - Financial Troubles - What will happen to my settlement if AIG goes bankrupt? Clients in every state are asking the question about AIG and whether or not their structured settlement or annuity payments are safe. Generally speaking, annuity contracts are the same as most personal injury structured settlements...

School Safety / Cheerleading: Fitting the uniform...and the image

Posted on September 24, 2008
As highlighted in my previous post(s), the sport of cheerleading can be quite dangerous in terms of physical injury. But what other health risks does it pose? How about the pyschological dangers it can incur; while the sport has gotten quite competitive, there's still a very strong focus on physical appearance...

School Safety / Cheerleading: AACCA pumps it up

Posted on September 23, 2008
As mentioned in previous posts, the days of spirit fingers and jazz hands are no more. "Cheerleaders are meant to Cheerleading has evolved into a rough and rugged sport that is responsible for more athletic-involved to fly, jump, kick, flip and stunt...

Motoring Safety: Van rollover was caused by tire separation(2)

Posted on September 23, 2008
This past week I discussed legal accident investigations and that referring attorneys need to consider acting sooner rather than later, to refer cases to more experienced counsel. The subject came to mind when a local TV station reported on a van rollover incident showing a separated tread from what was assumed to be from one of the tires...

"Paid", not Made in American - Bush, Bernanke and Paulson are lying to us.

Posted on September 23, 2008
We have got to be the dumbest humans on the planet. I'm talking about the American taxpayer. Yes, you dummy. The American taxpayer, the fool who is listening to the Washington crowd about why we need to save the liars from Main Street and cheats from Wall Street...

Motoring Safety: Van rollover was caused by tire separation

Posted on September 23, 2008
This past week I discussed accident investigations and how referring attorneys need to consider acting sooner rather than later. The subject came to mind when a local TV station reported on a van rollover incident Originally posted at InjuryBoard by Steve Lombardi

School Safety / Cheerleading: Dropping like flies

Posted on September 22, 2008
I admit - when I was 'flying' I got the feeling I was superhuman - like I could defy gravity. Boy, was I wrong. Hitting the mat is more than just painful; it's terrifying. And for good reason.At the high school level, 46.7% of direct injuries stem from cheerleading alone; in college, that percentage jumps to 64...

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