Personal Injury Law Update

Oregon Medical Malpractice Statute of Limitations Upheld

Last week, the Oregon Supreme Court upheld a five-year statute of limitations on medical malpractice lawsuits involving minors. The case involved a woman who sued Providence Health System, claiming its doctor did not recognize signs of fetal distress when her son was being born and failed to perform an emergency Caesarean section. However, the suit was commenced eight years after the boy was born - beyond the five year statute of limitations. See stories in the media here and here.

A copy of the opinion can be viewed on the website of the Oregon Supreme Court.

Medical malpractice claims are typically complex, expensive and difficult cases. Because of the difficulty of these cases, it is vitally important to thoroughly investigate and speak to an experienced medical malpractice attorney as soon as you believe you may have a claim. The Oregon medical malpractice lawyers at D'Amore & Associates offer free consultations to review the facts of your case.

New York Boy Struck by Car While Chasing Ice Cream Truck

It was recently reported that a 7-year old New York boy remained hospitalized in critical condition in an induced coma after being hit by a car while chasing an ice cream truck. The boy's stepfather said his wife had warned the boy not to chase the ice cream truck, but before she could stop him, the boy "opened the door and he was running."

This sad story highlights the need to watch young children carefully when they are playing outside or walking in the street. Young children just don't have the judgment necessary to identify dangerous situations and act with appropriate caution.

However, even with the best of precautions, accidents happen. What is wrong is when the likelihood of an accident is increased by the negligence of others, including the municipality responsible for maintaining the safety of neighborhood streets. In the above story, neighbors of the child described the street where the boy was hit "as an accident waiting to happen." Apparently, the street is a narrow, mile-long stretch of two-lane pavement that connects two major thoroughfares on which motorists regularly exceeded the posted speed limit of 30 mph. Many in the neighborhood feared a child would be injured at some point due to these conditions. It is unclear whether the municipality was informed of this unsafe situation and what precautions it might have taken to address residents' concerns.

For example, one April 2004 study entitled A Matched Case–Control Study Evaluating the Effectiveness of Speed Humps in Reducing Child Pedestrian Injuries and published in the American Journal of Public Health concluded that speed bumps increase the safety of neighborhood streets for children.

Families of Victims of Contaminated Heparin Testify Before Congress

Heparin is used in medicine as an anti-coagulant; that is, it stops blood from clotting. Because of this effect, the drug is often used to prevent blood or plasma clotting in or on medical devices such renal dialysis machines. 

In March 2008, the FDA announced major recalls of heparin imported from China due to contamination. Today, families of victims who died from exposure to contaminated heparin while undergoing dialysis testified before a Congressional subcommittee investigating the recall. The subcommittee also heard from Dr. Janet Woodcock, director of the FDA's Center for Drug Evaluation and Research, who indicated that initial evidence shows the contamination was intentional, and not a manufacturing mistake.

The Washington and Oregon medication error lawyers at D'Amore & Associates help clients and their families obtain compensation for injury resulting from being prescribed the wrong drug, or from drug side effects.

FDA Video Series Covers Recalls and Safety Alerts for Prescription Drugs and Medical Devices

The FDA's Patient Safety News (PSN) is a series of monthly video news shows addressing significant approvals, recalls, and safety alerts for prescription drugs and medical devices. Some of the videos contain footage and demonstrations relevant to protecting patients from serious side effects and other unwanted consequences from taking or using these products.

For example, consumers may want to watch the video concerning the recent FDA warning against giving cough and cold medicines to young children.

Click here for access to the full list of currently available videos (note: the videos are primarily targeted at doctors and other healthcare professionals and thus may be somewhat technical in nature).

W.R. Grace & Co. Reaches Tentative $2 Billion Settlement on Asbestos Claims

It was announced today that chemicals giant, W.R. Grace & Co., had reached a tentative $2 billion settlement on asbestos claims with a committee of asbestos personal injury claimants, a representative handling future claims and a committee of Grace stockholders. The settlement should clear the way for Grace to emerge from its bankruptcy reorganization case. The settlement will be a centerpiece of Grace's reorganization plan, which must be approved by U.S. Bankruptcy Judge Judith Fitzgerald in Pittsburgh.

Harry and David Issues Nationwide Allergy Alert on Undeclared Milk in Harry and David Chocolate Covered Select Blend Espresso Beans

Last week, the FDA issued a press release notifying the public that Harry and David, of Medford, Oregon, is voluntarily recalling approximately 66,500 8 oz. bags of Harry and David Chocolate Covered Select Blend Espresso Beans because they may contain milk not declared on the ingredient statement. People who have an allergy or severe sensitivity to milk run the risk of serious or life-threatening allergic reaction if they consume this product.

Consumers with product may return it to any Harry and David retail store for a full refund.

Click here to read the full FDA press release.

Nationwide Recall of Cantaloupes From Honduran Packer Underway Due to Salmonella Risk

In late March, the FDA announced a nationwide recall of cantaloupes grown, packed and shipped by an independent third-party grower in Honduras. The product was distributed nationwide and in Canada. Based on current information, the cantaloupe grown, packed and shipped from the grower, Agropecuaria Montelibano, appears to be associated with a salmonella outbreak in the United States and Canada.

In persons with poor health or weakened immune systems, salmonella can invade the bloodstream and cause life-threatening infections. Symptoms of food-borne Salmonella infection include nausea, vomiting, fever, diarrhea, and abdominal cramps. Individuals who have recently eaten cantaloupe and experienced any of these symptoms should contact their health care professional.

The FDA advised consumers who have recently bought cantaloupes to check with the place of purchase to determine if the fruit came from the identified grower. If so, consumers should throw away the cantaloupes.

Crane Collapse in Miami Kills 2, Injures 7

In another tragic construction accident yesterday, two construction workers were killed and five people were injured after a crane fell 30 floors from a high-rise condominium under construction in Miami and smashed into a nearby home. With the recent devastating crane collapse in New York City, the safety of cranes has taken center stage.

Here's a link to a page hosted by the Occupational Safety and Health Administration (OSHA) discussing crane safety issues.

City Inspector Arrested in Connection With New York City Crane Collapse That Killed 7 and Injured 17

A little over a week ago, on March 15, a giant crane at least 15 stories tall collapsed at a construction site in New York City and destroyed a neighboring townhouse. The collapse killed seven people and injured at least 17 others.

According to New York City's building department records, on March 4, a caller told city officials that the upper part of the crane appeared to lack the proper number of ties to the building. On March 6, a city inspector allegedly visited the site and determined there was no violation. However, it's been recently reported that the inspector lied and had never inspected the crane. The inspector was arrested and charged with falsifying business records, which is a felony in New York.

With a building boom still ongoing in New York City, residents have long complained about unsafe construction sites. One resident living near a building site suggested that concerned individuals take videos of the sites and post them on YouTube.

The Oregon and Washington construction accident lawyers at D'Amore & Associates have handled numerous cases involving injuries or deaths at contruction sites. Cranes and other machines used at construction sites can be particularly dangerous.  One client of D’Amore & Associates died as a result of being crushed between a wall and a large machine when the machine swiveled and caught the worker in a "pinch point."  Attorney Tom D’Amore negotiated a significant legal settlement on behalf of the man's surviving children.

If you or a family member has been seriously injured or killed as a result of a construction site accident, contact the experienced construction accident attorneys at D’Amore & Associates for a FREE CONSULTATION. D’Amore & Associates represents clients in Oregon, Washington and California.

Jury Clears Cardiologist and Radiologist of Negligence in Diagnosis and Treatment of Actor John Ritter

We previously wrote about the commencement of testimony in the wrongful death lawsuit arising out of the untimely death of actor John Ritter. Last Friday, a jury cleared a cardiologist and a radiologist of negligence in the diagnosis and treatment of actor John Ritter who died of a torn aorta in 2003. The verdict was 9-3. This means there will be no damage judgment against the doctors. Eight other medical personnel and Providence St. Joseph Medical Center previously made settlements with the family totaling $14 million. See further details here and here.