Attorney Blog

Cell Phones and Kentucky Car Accidents

rjohnson@pschachter.com; phendy@pschachter.com (Blog Author)27422 — Fri, 26 Feb 2010 08:00:00 EST

We see it all the time as we drive down the Kentucky roadways. Drivers talking on their cell phones while operating their vehicles. Perhaps you are one of them. How dangerous is it?

There has been a great deal of debate on whether the use of handheld cell phone devices pose additional dangers to the user, as well as other drivers. It seems obvious that it would.

The act of looking down to answer or make a call and sending or receiving a text message, even for a split second, requires the driver to look down at their handheld device. Wouldn’t it make sense that this might increase their chance of being involved in a car accident?

Studies have shown that the use of cell phones can impair a driver’s ability to respond to road hazards. This could put you and your family at risk.

It is also important to note that the state of Kentucky does not currently have any laws banning the use of handheld cell phone devices while operating a vehicle. This means that the driver next to you who is talking on his or her cell phone is probably driving with one hand, putting you at risk.

If you or someone you know has been injured in a Northern Kentucky car accident, you should contact an experienced Fort Wright car accident attorney at the law firm of Pschachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

Defective Maintenance Issues Can Cause Kentucky Truck Wrecks

rjohnson@pschachter.com; phendy@pschachter.com (Blog Author)27124 — Tue, 23 Feb 2010 08:00:00 EST

We all share the Kentucky roadways with trucks. We all assume that these trucks are properly maintained. What if they’re not? As you can imagine, the results of being involved in a serious Kentucky truck accident can be catastrophic and may even lead to death.

Would you be shocked to learn that a random sample discovered that 76% of trucks involved in accidents were not properly maintained? As a matter of fact, it was found that these trucks had either broken, substandard, or defective parts.

Are you concerned yet? What about the fact that a recent study showed that 29% of trucks studied had poorly adjusted brakes and that in 2007 and 2008, more than one out of every five trucks inspected were taken out of service for deficiencies.

Unfortunately, this puts all Kentucky drivers and their families at risk. We should all be able to travel the roadways under the assumption that the truck next to us has been properly maintained. That may not be the case, increasing our risks of being involved in an accident with a truck.

If you or someone you know has been injured in a Kentucky truck wreck, you should contact an experienced Northern Kentucky truck accident attorney at the law firm of Pschachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

Texting Ban on Kentucky Motorists passed by House

mindywein@cox.net (Blog Author)26840 — Tue, 16 Feb 2010 08:00:00 EST

How many times have you and your family been in danger while driving the Kentucky roadways because of other drivers becoming distracted by their cell phones? As you know, this has become a prevalent problem, especially with drivers looking down to read and send text messages.

If you haven't heard yet, Kentucky lawmakers recently passed a measure by an 80-16 vote that would ban Kentucky drivers from texting while driving and to bar teenagers under the age of 18 from talking on a cell phone while driving.

If you don't think that this measure is necessary, then you are not alone. The 16 "no" votes were cast by House Republicans. However, Rep. Keith Hall, D-Phelps, was originally against the ban until his wife became involved in a recent Kentucky car accident when she looked down to answer her phone. He had a change of heart.

As you know, car accidents can lead to serious and life-altering injuries. These injures can leave victims considering tough questions, such as who is going to pay for medical expenses or who will care for their family if they become incapacitated.

If you or someone you know has been injured in a Kentucky auto accident, you should contact an experienced Northern Kentucky car accident attorney at the law firm of Pschachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

Understanding the Severity of Shoulder Dystocia

mindywein@cox.net (Blog Author)25871 — Fri, 29 Jan 2010 08:00:00 EST

Are you a parent? Then you know that a big fear that new parents face is the possibility of their child suffering a birth injury. Unfortunately, it happens all too often in this country.

One type of birth injury that many children suffer is called shoulder dystocia and it can lead to serious complications.

What causes shoulder dystocia? According to the March of Dimes, shoulder dystocia can happen when an infant is unusually large or when the mother’s pelvic opening is too small for the baby’s shoulders to be delivered. As you can imagine, this can cause serious injury to a baby.

Fortunately, in many cases, your doctor may be able to determine if your baby is at risk of suffering shoulder dystocia. Certain precautions can be taken, such as having a C-section to keep your baby free from harm.

However, in some cases, babies are harmed due to negligence by a doctor. If you or someone you know has a child who has suffered shoulder dystocia and you believe that it may have been caused by medical negligence, then you owe it to yourself and your baby to talk with an experienced attorney to see if you are a candidate to file a malpractice suit.

For more information, contact an experienced Northern Kentucky birth injury attorney at the law firm of Pschachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

Warning Signs of Brachial Palsy Every Parent Should Know

mindywein@cox.net (Blog Author)25290 — Tue, 19 Jan 2010 08:00:00 EST

You may have been prepared for a lot of things, as you anticipated the arrival of your new baby. What you probably weren’t prepared for was brachial palsy.

Brachial palsy is a potentially serious injury that impacts newborns. It is characterized by a loss of movement or arm weakness resulting from damage to the bundle of nerves near the shoulder, referred to as the brachial plexus.

This birth injury comes in many different forms, such as Erb’s palsy, brachial plexus and Klumpke paralysis. The type of condition is identified according to the area that is injured.

As a parent or caregiver of a child with brachial palsy, you may be wondering what caused this birth trauma. A difficult delivery, excessive pulling on the shoulders during delivery and a breech deliver, also known as feet first, can all lead to brachial palsy. Sometimes, though, a doctor’s negligence or mistake can cause your infant to suffer a birth injury.

There are definite warning signs that could indicate that your baby has brachial palsy. Some of the symptoms include:

Keeping the arm flexed at the elbow and held against the body
Decreased grip on the affected side
Absent Moro reflex on the affected side
Lack of spontaneous movement in the upper or lower arm or hand

If you think your child may have sustained brachial palsy due to doctor’s negligence, you should contact an experienced Northern Kentucky birth injury lawyer at the Law Office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

For more information on this topic, read the article, Common Causes of Brachial Palsy.

Drugs for Osteoporosis Prescribed Unecessarily?

rjohnson@pschachter.com; phendy@pschachter.com (Blog Author)24052 — Mon, 28 Dec 2009 08:00:00 EST

An excellent story on NPR suggests that millions of American women may have been taking a drug unnecessarily. The drug Fosamax is manufactured by Merck, a huge pharmaceutical company. The drug is approved by the FDA to treat osteoporosis, which is a disease of bone that leads to an increased risk of fracture. In osteoporosis the bone mineral density (BMD) is reduced, bone microarchitecture is disrupted, and the amount and variety of proteins in bone is altered. Osteoporosis is defined by the World Health Organization (WHO) in women as a bone mineral density 2.5 standard deviations below peak bone mass (20-year-old healthy female average) as measured by DXA; the term "established osteoporosis" includes the presence of a fragility fracture.
The problem is that Merck developed a Bone Density test that resulted in women having a much less serious condition called osteopenia appearing to require the drugs to treat osteoporosis. As a result millions of women with osteopenia were prescribed serious and expensive drugs that they did not need. osteopenia occurs more frequently in post-menopausal women as a result of the loss of estrogen. It can also be exacerbated by lifestyle factors such as lack of exercise, excess consumption of alcohol, smoking or prolonged use of glucocorticoid medications such as those prescribed for asthma. Women with osteopenia do not require medication.

Yaz and Yasmin May Cause Stroke

mindywein@cox.net (Blog Author)23778 — Mon, 21 Dec 2009 08:00:00 EST

Did you know that strokes are the leading cause of death in the United States, as well as a leading cause of serious, long-term disability? That is what the National Institute of Neurological Disorders and Stroke reports. Did you know that every year, 600,000 strokes are reported in the United States? Those numbers are alarming.

What’s even more unsettling is that certain oral contraceptives may be linked to strokes. Reports suggest that if you are taking Yaz or Yasmin, you may be at risk of having a stroke, regardless of your age.

So what exactly is a stroke? It sometimes is referred to as “brain attack,” because a stroke disrupts the flow of blood to the brain. When this happens, the brain cells are deprived of the oxygen and brain cells begin to die. As you can imagine, this can be a serious and life-altering condition, even leading to death.

If you are taking Yaz or Yasmin and think you may have suffered a stroke, you should look for symptoms of a stroke that include numbness or weakness in the face, arm or leg. You should also look for other warning signs, such as confusion, speech difficulty, vision problems, trouble walking, dizziness, loss of balance, to name a few.

If you or someone you know has suffered a stroke and has been taking Yaz or Yasmin, you should contact an experienced Northern Kentucky injury attorney at the law firm of Pschachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

Taking Yaz or Yasmin May Cause Deep Vein Thrombosis

mindywein@cox.net (Blog Author)23467 — Tue, 15 Dec 2009 08:00:00 EST

We would all like to believe that the medicines we take are safe. However, that is not always the case, especially, when it comes down to certain types of birth control.

It is believed that women who take Yaz or Yasmin birth control are at risk of developing a painful condition, known as deep vein thrombosis. According to Wikipedia.org, deep vein thrombosis is defined as “the formation of a blood clot in a deep vain.” It is generally found in leg veins.

Women who take Yaz or Yasmin should be aware of the side effects to having deep vein thrombosis. It can be serious, even leading to death. If you take Yaz or Yasmin, you should look for symptoms that include leg swelling, swelling along a vein in the leg, leg pain, tenderness in the leg when walking or standing, increased warmth in the swollen area and redness or discoloration on the leg. These all might by signs that you have deep vein thrombosis.

The good news is that this condition can be treated by certain medications or procedures.

As you can imagine, this condition can be very painful, having life altering ramifications. It can also effect your ability to perform at you work, eventually leading to a possible loss of wages.

If you take Yaz or Yasmin and have developed deep vein thrombosis, you should contact an experienced Northern Kentucky injury attorney at the law firm of Pschachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

Yaz Can Lead to Irregular Heartbeat

mindywein@cox.net (Blog Author)22307 — Mon, 23 Nov 2009 08:00:00 EST

All women should be able to take their birth control free from worries about adverse reactions to the contraceptive. However, that is not always the case. If you or someone you know takes Yaz birth control, you should be aware of serious potential side effects.

Studies have shown that women taking Yaz birth control may suffer a condition, known as heart arrhythmia, which is commonly referred as irregular heartbeat.

MayoClinic.com defines heart arrhythmia as a condition that “occurs when the electrical impulses in your heart that coordinates your heartbeats don’t function properly, causing your heart to beat too fast, too slow or irregularly.”

So, what does that mean? It means that it can lead to serious heart problems and even death. If you are taking Yaz birth control and are experiencing symptoms such as shortness of breath, weakness, wheezing, lightheadedness, fainting, chest pain, premature heartbeats or rapid, erratic heartbeats, you may be suffering side effects from the contraceptive.

If you or someone you know has suffered from heart arrhythmia, or another condition, and are taking one of these contraceptives, you should contact an experienced Northern Kentucky injury attorney at the law firm of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

Hyperkalemia is a Potential Complication of Yaz Birth Control

mindywein@cox.net (Blog Author)21749 — Sat, 14 Nov 2009 08:00:00 EST

We would like to think that all birth control pills are safe. However, that is not always the case. Some common oral contraceptives may not be as safe as we think. Recent cases that have been brought forward are showing serious health issues linked to Yaz and Yasmin birth control.

A condition known as hyperkalemia is a potential side effect of Yaz and Yasmin. Hyperkalemia is caused when too much potassium is introduced into the body. When the potassium levels are too high it can lead to life altering and detrimental health problems, such as heart arrhythmia and cardiac arrest, which we all know can lead to serious complications, including death.

Yaz and Yasmin possess an ingredient called drospirenone. Though, potassium is a vital nutrient in the body, it is believed that drospirenone has the potential to increase the potassium level in the body to dangerous levels causing hyperkalemia.

All women taking these birth control pills should look for side effects that include nausea, an irregular heartbeat, weakness or a change in breathing patterns. You should also be concerned if you have experienced a slow or weak pulse. These symptoms can be caused by hyperkalemia.

If you or someone you know has suffered from side effects due to taking Yaz or Yasmin, you should contact an experienced Northern Kentucky injury attorney at the law firm of Pschachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

Pain Pumps: FDA Requires Warning that Use in Joint Causes Chondrolysis and Cartilage Damage

rjohnson@pschachter.com; phendy@pschachter.com (Blog Author)21731 — Fri, 13 Nov 2009 08:00:00 EST

After two year of aggressive litigation by a handful of dedicated lawyers, the FDA has finally recognized that there is a huge problem with continuously infusing local anesthetics into the joint space after surgery for post operative pain relief. Manufacturers like Stryker, I-Flow, Breg, DonJoy, Sorenson Medical, have been promoting these "pain pumps" to orthopaedic surgeons for almost ten years for use after surgery in the shoulder and knee. Hundreds of lawsuits have been filed since patients have been developing total destruction of their cartilage after having the pump continuously infuse these drugs into their joints. The new action by the FDA vindicates these injured patients.

Lawsuit Filed Against Bayer for Misrepresenting Safety and Effectiveness of Yaz

mindywein@cox.net (Blog Author)20153 — Fri, 16 Oct 2009 08:00:00 EST

Two pension funds for city employees and firefighters have filed a lawsuit against the drugmaker Bayer, claiming that the company misrepresented the effectiveness and safety of Yaz in an effort to boost sales.

The federal complaint in Philadelphia was recently made public. It states that Bayer unlawfully promoted the birth control product from March 2006 to March 2009 by keeping secret the side effects associated with the contraceptive. Some of the serious health affects that are believed to be caused by Yaz include heart attack, blood clots, deep vein thrombosis, pulmonary embolism, kidney failure and liver failure.

Women taking Yaz have complained that they experienced some of these severe side effects caused by the contraceptive. Numerous lawsuits have been filed as a result against Bayer.

In the lawsuit involving the pension funds, the plaintiffs have alleged that the drug manufacturer downplayed the risks of Yaz when it promoted the product. According to the lawsuit, the TV ads “misleadingly and deceptively” promoted Yaz for uses that were not approved by the FDA.

If you have been injured from taking Yaz, you may be entitled to compensation and should contact the Law Office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297 for more information.

Yaz Can Lead to Too Much Potassium in the Blood

mindywein@cox.net (Blog Author)19796 — Sat, 10 Oct 2009 08:00:00 EST

Some women may be at a higher risk of developing serious health problems from Yaz or Yasmin birth control. Numerous women have claimed that these birth control products have led to major health issues, including heart attack and stroke. The problem is believed to be caused by one of the ingredients in the birth control that can increase the potassium levels in the blood. This increased potassium can result in a serious condition, known as hyperkalemia.

Women who are already at risk of high potassium levels may be more prone to suffer from Yaz or Yasmin. For example, women who are taking other medications that can cause increased potassium could be in danger of experiencing adverse health effects. Anyone taking Yaz or Yasmin should consult with their doctor for more information.

It is believed that Yasmin and Yaz has been a factor in cases involving heart attack, stroke, pulmonary embolism, kidney disease and deep vein thrombosis. These birth control products are among the most popular oral contraceptives in the United States.

If you have suffered a serious medical condition and you believe that Yasmin or Yaz may have been the cause, you should contact an experienced Northern Kentucky injury lawyer at the Law Office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297 for legal advice.

Yaz Lawsuits Reveal New Evidence of Problems

rjohnson@pschachter.com; phendy@pschachter.com (Blog Author)19257 — Wed, 30 Sep 2009 08:00:00 EST

Last week the New York Times ran a story about the increasing number of complaints and lawsuits related to injuries suffered by women who have taken the birth control drug Yaz or its sister product Yasmin. They say that the drugs put women at higher risk for blood clots, strokes and other health problems than some other birth control pills do.

The health questions and the lawsuits may rattle consumer confidence, but the warnings from federal health authorities about advertising and quality control raise larger questions about Bayer’s approach to complying with government rules, said Michael A. Santoro, an associate professor at the Rutgers Business School who has studied ethics in the pharmaceutical industry.

FDA Issues warning Letter about side effects of YAZ birth control

rjohnson@pschachter.com; phendy@pschachter.com (Blog Author)19098 — Mon, 28 Sep 2009 08:00:00 EST

In October 2008, the FDA issued a warning letter to Bayer, the manufacturer of YAZ about the problems related to the drug that were being reported by numerous patients. A key ingredient in YAZ has the effect of raising potassium levels and can result in blood clots, heart attacks, and strokes, as well as pulmonary embolism and deep vein thrombosis.

Additionally, the FDA warned Bayer not to promote YAZ as a drug for Premenstrual Syndrome.

Defective Children's Products & Toys are Constantly Recalled

mindywein@cox.net (Blog Author)18279 — Sat, 12 Sep 2009 08:00:00 EST

The U.S. Consumer Product Safety Commission (CPSC), which regulates consumer products, constantly sends out press releases regarding toys and children’s products that have been recalled due to some type of defect. In recent years, many of these recalls involved toys with lead based paint.

Toys and other products, such as cribs, playpens, outdoor play equipment and even clothing, have been known to cause serious injuries and death. When defective products are placed on the market, children are often the ones who suffer.

The CPSC reported that in 2007, there were about 170,100 toy-related injuries involving children under the age of 15. According to the report, there were 18 deaths that same year. From 2003 to 2007, there was a significant rise in toy-related injuries.

Parents are rightfully concerned about the safety of their children. Manufacturers often become too focused on the bottom line and cut corners to get products on the market faster. Plus, many companies have looked to China as a way to cut costs, but countless products coming from this country have been tainted with lead.

Manufacturers can be held liable for defective toys that result in injuries. If your child has been injured by a defective product, you should contact a Kentucky defective product lawyer at the Law Office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297 for advice.

The Scary Truth About Hypoxic Ischemic Encephalopathy

mindywein@cox.net (Blog Author)17896 — Thu, 03 Sep 2009 08:00:00 EST

Infants can suffer brain damage from hypoxic ischemic encephalopathy. This type of birth injury is frequently caused by medical mistakes and can be fatal.

This birth injury is characterized by damage to the cells in the central nervous system from oxygen deprivation. Brain damage can occur when the baby does not receive enough oxygen.
There are various circumstances that can lead to inadequate oxygen supply to the brain. Hypoxic ischemic encephalopathy can result from a delayed C-section, prolonged labor and delivery, prolapsed umbilical cord, misread fetal heartbeat and doctor negligence. It is also caused when the baby is in the birth canal too long.

Hypoxia can cause serious problems including mental retardation, developmental delay, cerebral palsy or even death.

As a parent, it can be difficult to pinpoint what exactly caused your child to suffer from hypoxic ischemic encephalopathy. If your child has sustained a birth injury, you should contact a Kentucky medical malpractice lawyer who can review your child’s situation to determine what caused the injury. You may be able to recover compensation if doctor error led to the birth injury.

Birth Injuries Can Lead to Neonatal Death

mindywein@cox.net (Blog Author)17275 — Fri, 21 Aug 2009 08:00:00 EST

Even with today’s medical advancements, birth injuries still occur at an alarming rate. It has been estimated that as many as 6 to 8 injuries occur per 1,000 live births. Some of these injuries can be prevented and should never have occurred in the first place.

Birth trauma occurs when an infant is injured from mechanical forces, including compression or traction, during the birth process. The majority of birth traumas have a good prognosis and the injuries heal themselves. Almost half of birth injuries are avoidable, as long as certain risk factors are identified.

Birth injury cases often involve factors such as prematurity, breech delivery, prolonged labor and fetal anomalies. Sometimes birth injuries, such as shoulder dystocia, hypoxic ischemic encephalopathy or cerebral palsy, are caused by doctor error or a hospital mistake. In these situations, delayed C-section, misuse of forceps or vacuum extraction, lack of oxygen or delayed birth are frequently to blame, which are generally preventable medical errors.

If your child has sustained a birth injury, you may be able to pursue a medical malpractice case against the medical provider who caused the injury. You should contact an experienced Kentucky medical malpractice attorney at the Law Office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297. The law firm represents injured victims in Ohio and Kentucky and has over 35 years of experience.

Cerebral Palsy Facts

mindywein@cox.net (Blog Author)16686 — Mon, 10 Aug 2009 08:00:00 EST

If your child has been diagnosed with cerebral palsy, you know the devastation of realizing that your little one will face a life of health challenges and disability. Cerebral palsy is defined by Wikipedia.com as “is an umbrella term encompassing a group of non-progressive, motor, non-contagious conditions that cause physical disability in human development.”

Cerebral palsy affects approximately 2 to 3 out of every 1,000 children. Some of the other cerebral palsy facts include the following:

Nearly 10,000 infants will develop cerebral palsy every year in the United States.
It has been estimated that 800,000 people suffer from cerebral palsy in the United States.
The average cost of cerebral palsy is almost $1 million over the lifetime of the person affected.
Approximately two-thirds of children who have cerebral palsy are mentally impaired.
Out of the 1000 infants born, approximately 2 to 3 will suffer brachial plexus birth injuries.

Cerebral palsy is often caused by a birth injury that results in brain damage. The injury may have occurred during the birth process from a prolonged labor, which may cause oxygen deprivation. Fever during pregnancy has also been linked to cerebral palsy among infants. There have even been cases of cerebral palsy caused from the negligence of the doctor, hospital or nursing staff. In those cases, they can be held liable for medical malpractice.

Contact a Kentucky birth injury lawyer at the Law Office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297 for legal advice.

Types of sports-related injuries

bobbirahder@hotmail.com (Blog Author)16304 — Mon, 03 Aug 2009 08:00:00 EST

Attorney Ronald E. Johnson of Schachter & Hendy concentrates on legal issues surrounding children's injuries.

There are more than 30 million children who play different kinds of organized sports in the US, while others play in recreational activities. According to a 2002 report by the Center for Disease Control and Prevention (CDC) nearly 1.9 million of those children are injured and the most common injury is musculoskeletal.

What types of sports related injuries are there? National Institute of Arthritis and Musculoskeletal and Skin Diseases, NIAMS/National Institutes of Health

Sprains
Strains—injuries to muscles or tendons.
Growth plates—the area of developing tissues at the end of long bones in growing children.
Repetitive motion injuries—repeated stress on bones or inflammation of tendons occur when muscles and tendons are overused.
Heat-related injuries—these include dehydration, heat exhaustion, and heat stroke.
Keeping kids hydrated
*Adapted with permission from Patient Care magazine, copyrighted by Medical Economic

Protecting children from unintentional injuries

bobbirahder@hotmail.com (Blog Author)15645 — Tue, 21 Jul 2009 08:00:00 EST

Attorney Ronald E. Johnson of Schachter & Hendy concentrates on legal issues surrounding children's injuries.

Many children are injured each year by accidents. USA Safe Kids is an organization dedicated to helping children and their families. According to their website, the children at the highest risk of injury are younger children, males, minorities, and poor children. They feel it's important to educate parents about how they can protect their children and reduce this significant risk of injury.

According to USA Safe Kids, children from low income families are twice as likely to die in a traffic accident, four times more likely to drown, and five times more likely to die as a result of a fire. Unfortunately, statistics show that death rates for children of low-income families are increasing, mostly from firearm and pedestrian injuries. The USA Safe Kids website also says that Black and Native American children have disproportionate death and injury rates due to higher levels of poverty and lower levels of education, employment and income.

USA Safe Kids also says that children in rural areas have a greater risk of unintentional injuries and death, from drowning, traffic accidents, firearms, fires, and agricultural injuries. Statistics also show that young male children are at a greater risk of injury because of risk-taking and rougher play than females.

Safety issues for children in hot weather

bobbirahder@hotmail.com (Blog Author)14714 — Wed, 01 Jul 2009 08:00:00 EST

Attorney Ronald E. Johnson of Schachter & Hendy concentrates on legal issues surrounding children's injuries.

Summer is here and with more intense sun, comes extreme heat. Parents should learn some important facts to keep their children safe in the heat.

According to Safe Kids USA, heat affects children more easily than it affects adults so parents should watch their children carefully for any sign of heat stroke or dehydration. Last year 42 children died in the U.S. from heat stroke caused by being left or trapped in a vehicle.

Heat stroke happens when a child's core body reaches a temperature of 104 degrees F. A core body temperature of 107 degrees F is fatal.

It's really important that parents make sure their children don't accidentally get locked in a car, so they should make sure they keep the car doors and trunk locked and keep keys and remotes away from children. They should make sure to NEVER leave a child alone in a car for any reason for any amount of time.

Parents can be aware of the signs of heat exhaustion and heat stroke. According to the Center for Disease Control and Prevention (CDC) these signs include heavy sweating, paleness, muscle cramps, tiredness or weakness, dizziness or headache, sick stomach or vomiting, or faintness.

To prevent heat exhaustion and heat stroke, parents should make sure the keep children indoors with air conditioning in cases of extreme heat and drink plenty of water (not sugary drinks) if they are outdoors and and active.

Understanding cerebral palsy

bobbirahder@hotmail.com (Blog Author)14256 — Wed, 24 Jun 2009 08:00:00 EST

Attorney Ronald E. Johnson of Schachter & Hendy concentrates on legal issues surrounding children's birth injuries.

Cerebral palsy is a form of injury due to birth trauma. The National Institute of Neurological Disorders and Stroke (NINDS) has information and resources for parents who want to know more about cerebral palsy.

Cerebral palsy is a type of neurological disorder that happens in babies and early childhood. It affects that child's body movement and muscle coordination. Cerebral palsy is caused by problems in the parts of the brain that direct muscle movement. Most children who have cerebral palsy were born with it. The signs should occur before the child reaches 3 years of age.

The symptoms include:

lack of muscle coordination
stiff or tight muscles
exaggerated reflexes
walking while dragging one foot
walking on the toes
a crouched walk
floppy or stiff muscle tone

For more information, contact NINDS at http://www.ninds.nih.gov/disorders/cerebral_palsy/cerebral_palsy.htm

Zicam Recall Result of FDA Warning

rjohnson@pschachter.com; phendy@pschachter.com (Blog Author)13924 — Thu, 18 Jun 2009 08:00:00 EST

FDA's warning applies to Zicam Cold Remedy Nasal Gel, Zicam Cold Remedy Nasal Swabs and Zicam Cold Remedy Swabs Kids Size, but does not affect Zicam oral zinc tablets or lozenges.

"The biggest unknown is the degree to which the sales of our products (are) maintained," Hemelt said.

Matrixx is seeking a meeting with FDA officials with the hope of reversing the agency's decision, Hemelt said, adding that several studies showed no loss of smell with nasal Zicam products and arguing that FDA's conclusions were "erroneous."

While Hemelt said Tuesday's warning came as a "complete surprise," he said the company had been visited in May by FDA inspectors who drew attention to about 800 reported complaints that had not been given to the agency.

A law passed in 2007 required wider mandatory reporting of certain products, but Hemelt said the company did not send along the reports based on the opinion of its lawyer.

If the company's efforts fail to persuade the FDA, Matrixx will have to downsize, Hemelt said. "Obviously, we have to learn how to shrink this company if we're unable to get these products back on the shelf."

Zicam Maker violated FDA Regulations

rjohnson@pschachter.com; phendy@pschachter.com (Blog Author)13893 — Thu, 18 Jun 2009 08:00:00 EST

Matrixx Initiatives, Inc., the company that makes Zicam, received a Warning Letter from the Food and Drug Administration (the "FDA"). The FDA stated that the Company is in violation of its regulations by failing to file a new drug application for its Zicam Cold Remedy Nasal Gel and Zicam Cold Remedy Gel Swabs and that those products are misbranded under their regulations for failing to adequately warn of risks. The FDA referred to numerous complaints it has received of anosmia associated with the use of these products.

The Company believes these products are safe and do not cause anosmia. The Company’s position is supported by the cumulative science and has been confirmed by a multi-disciplinary panel of scientists. (See the Company’s Report on Form 10-K under the heading "Legal Proceedings - Product Liability Matters" for additional information.)

The Company believes the FDA action is unwarranted and is in the process of determining its response, which may include removing these products from the marketplace. These products constituted approximately 40% of the Company’s net sales in 2009.

rjohnson@pschachter.com; phendy@pschachter.com (Blog Author)13890 — Thu, 18 Jun 2009 08:00:00 EST

Zicam Cold Remedy Causes Loss of Sense of Smell Says FDA

rjohnson@pschachter.com; phendy@pschachter.com (Blog Author)13768 — Tue, 16 Jun 2009 08:00:00 EST

The most interesting thing about this report is that it is yet one more example of how products that manage to slip through the cracks at the FDA are the ones that cause the most harm to consumers. Zicam is not classified as a medication, so it did not have to undergo formal FDA approval, which would have uncovered this dangerous and life altering side effect. This is very similar to the pain pumps that did not have to undergo FDA approval because they were Class II devices. In this case Zicam was classified as a homeopathic remedy instead of a medication. This is a dangerous loophole in the FDA regulations that must be closed before more unscrupulous manufacturers take advantage of it.

Food manufacturers make consumers responsible

rjohnson@pschachter.com; phendy@pschachter.com (Blog Author)12190 — Mon, 18 May 2009 08:00:00 EST

    Attorney Ronald E. Johnson of Schachter & Hendy concentrates on legal issues regarding defective products. A recent article in the The New York Times says that food companies are expecting consumers to be responsible for making sure the food they sell is not filled with dangerous pathogens.

    According to the article, ConAgra Foods which sells Banquet frozen pot pies detected some salmonella but was not able to pinpoint where it came from in the 25 ingredients included in the pies. They decided to make the consumer responsible for what they call the “kill step,” the point at which the pathogens are eliminated. ConAngra Foods, which sold 100 million pot pies last year, included food safety instructions that cautioned that internal temperature when cooking the pot pies needed to reach 165 Degrees F. ConAgra also added food safety instructions to its other frozen meals, including the Healthy Choice brand.

    The problem is serious with frozen foods. Federal regulators such as the Federal Food and Drug Administration and the Centers for the Disease Control and Prevention have pushed companies to include cooking instructions with detailed food safety guides, but some companies don't include these instructions, some are using outdated safety guidelines, and some have only abbreviated guidelines on the side of the boxes in tiny print that consumers probably don't read.

    According to the article, there are estimated to be 76 million cases of food-borne illnesses every year that go unreported or are not traced to the source. Food safety experts think it is the responsibility of the food manufacturer to ensure their food's safety, not the consumer.

Fewer complications from heart device specialists

rjohnson@pschachter.com; phendy@pschachter.com (Blog Author)11520 — Sat, 02 May 2009 08:00:00 EST

    Attorney Ronald E. Johnson of Schachter & Hendy concentrates on legal issues regarding defective medical devices. A recent article in The New York Times cited a study published in The Journal of the American Medical Association that reviewed the experiences of patients who received defibrillators and heart devices.

    The researchers reviewed more than 1110,000 cases between January 2006 and June 2007, and analyzed how the patients did both during and following the procedure. The study showed that the rate of serious complication was lowest when the heart device was implanted by an electrophysiologist, a specialized cardiologist. The study used information collected into a database that indicated what type of doctor implanted heart devices. A growing number of people are having defibrillators and other heart devices implanted. The study indicates that patients should request an electorphysiologist by the one to do the surgery, since that is their specialty.

   Some companies who produce defibrillators are spending money to train cardiologists in how to implant their particular kind of heart device, and they in turn will probably purchase those devices for surgery. These doctors may be cardiologists but may not be electrophysiologists.

Defibrillator recalled by ZOLL Medical Corporation

rjohnson@pschachter.com; phendy@pschachter.com (Blog Author)11007 — Thu, 16 Apr 2009 08:00:00 EST

Attorney Ronald E. Johnson of Schachter & Hendy concentrates on legal issues regarding defective medical devices. The Consumer Product Safety Commission reports that the ZOLL AED Plus Defibrillator was recently recalled because it was defective. The medical device was manufactured by ZOLL Medical Corporation from May 2004 through February 2009 and distributed from May 2004 through February 9, 2009. It is possible that between 80,000 to 180,000 units are affected.

The ZOLL AED Plus Defibrillator is used by emergency or medical personnel to treat patients who are undergoing cardiac arrest. It analyzes an unconscious person's heart rhythm and delivers an electrical shock to the heart to restore a normal heart rhythm. The defective device has a problem with the battery and is considered a Class 1 recall -- the most serious type of recall and involves situations in which there is a reasonable probability that use of these products will cause serious injury or death. By contacting the ZOLL company, consumers can download the correct software for the battery. For more information, contact http://www.ZOLLAEDPlusbatteryhelp.com.

Scott County Car Accident Leaves One Man Dead

rjohnson@pschachter.com; phendy@pschachter.com (News Author)13320 — Tue, 09 Mar 2010 08:00:00 EST

A Scott County car accident involving a single vehicle leaves one man dead after his car leaves the road and slams into a tree. The incident took place on Thursday evening, February 25, 2010, on Muddy Ford Road, also known as KY 922.

According to the sheriff’s office, the victim was found unconscious inside his 1989 Ford Crown Victoria at approximately 8:30 PM. The victim has been identified as 36-year-old Mario Licea. He was pronounced dead at the scene from injuries sustained in the accident.

Officials believe that Licea was the only occupant in the car at the time of the accident. Scott County Fire and Rescue were required to use special equipment to cut him out of the vehicle. It was reported that Licea was wearing a seatbelt.

The fatal Scott County accident is still under investigation by local authorities. It is unclear whether any other vehicles were involved in the wreck. Officials have reported that they believe that alcohol was a contributing factor resulting in the car accident.

This is an unfortunate accident that claimed the life of Mr. Licea. Our thoughts and condolences go out to all of those who have been impacted by this tragedy.

Lexington Auto Accident Leaves Man Dead

rjohnson@pschachter.com; phendy@pschachter.com (News Author)12993 — Tue, 23 Feb 2010 08:00:00 EST

A Lexington auto accident on New Circle Road leaves one man dead after he loses control of his car and crashes into a tree. The incident took place at approximately 8:00 AM on Friday morning, February 20, 2010, between Georgetown Road and Leestown Road.

According to police, the driver of a Pontiac Firebird was passing another vehicle when he lost control of his car. The vehicle then slid sideways and crossed over the right lane of traffic and left the road. The Pontiac finally came to a stop after hitting an embankment and a tree.

The victim has been identified as Allen Borntraeger, 21, of Lexington. Rescue crews transported Borntraeger to University of Kentucky Hospital where he was later pronounced dead from injuries sustained in the accident. According to police, he was not wearing a seatbelt at the time the accident occurred. Fortunately, there were no other injuries reported as a result of the crash.

Morning commuter were inconvenienced for several hours as crews were required to shut-down a portion of New Circle road to clean-up the accident scene.

The Lexington car accident is still under investigation by local authorities.

This is a tragedy and our thoughts and condolences go out to Mr. Borntraeger’s family.

Louisville Car Accidents are Blamed on Snow

rjohnson@pschachter.com; phendy@pschachter.com (News Author)12992 — Mon, 22 Feb 2010 08:00:00 EST

A pair of Louisville car accidents are blamed on snowy conditions. The accidents occurred on Monday, February 15, 2010.

The first wreck occurred during the morning on Interstate 64 West near the Hurstbourne Parkway ramp. According to officials, a sport utility vehicle (SUV) was driving up the ramp and struck a semi after spinning out of control. The force of the impact caused the SUV to go down the embankment. The truck collided with another vehicle on the ramp while a fourth vehicle went off the road in an attempt to avoid the semi.

At approximately 10:30, that same morning, a second accident involving three vehicles happened at Seventh Street Road and Tennessee Avenue. Rescue crews transported three victims, including an infant, to a nearby hospital where they were treated for injuries sustained in the crash. Their identities and the extent of their injuries were no made known.

Both Louisville accidents are still under investigation by local authorities. Road conditions are thought to be contributing factors in both wrecks.

“Winter provides new challenges and responsibilities to the public and the Kentucky State Police,” said Rodney Brewer, Kentucky State Police Commissioner.

Out thoughts go out to all of those that were involved in these two Kentucky wrecks.

Louisville Car Accident Involving Recalled Toyota Leaves 6 Injured

rjohnson@pschachter.com; phendy@pschachter.com (News Author)12934 — Sat, 20 Feb 2010 08:00:00 EST

A Louisville car accident involving a recalled Toyota sends six people to the hospital after a Louisville man claims he couldn’t stop his truck. The incident took place on Terry Road.

According to reports, the driver of a 2007 Toyota Tundra rear-ended another vehicle when his gas pedal apparently became stuck prohibiting him from stopping. The driver has been identified as Scott Tarter, of Louisville. Tarter told police that he tried to stop but could not.

Rhonda Muehl told police that she had stopped in front of her house waiting for traffic to clear so she could turn into her driveway when the Toyota hit her from behind. The force of the impact caused Muehl’s car to strike a Ford Explorer which eventually came to rest in her front yard.

“I heard he tires squealing like someone trying to stop,” Muehl said. "It pushed me into this lane then I hit a Ford Explorer and me and the Ford Explorer landed in my front yard. It hit me so hard it busted out the back window.”

Rescue crews transported six people to a local hospital where they were treated for injuries sustained in the accident. Their identities and conditions were not made available.

The Louisville accident is still under investigation by local authorities. If you have a Toyota that you may believe has been recalled, you should contact the manufacturer immediately.

Our thoughts go out to all of those that have been impacted by this unfortunate accident.

Louisville Auto Accident Involves Recalled Toyota

rjohnson@pschachter.com; phendy@pschachter.com (News Author)12764 — Wed, 10 Feb 2010 08:00:00 EST

A Louisville auto accident involving a recalled Toyota leaves at least one passenger injured after a car goes over a cliff and into a creek. The incident took place on Saturday night, January 30, 2010.

According to reports, there were three passengers in the Toyota Camry at the time of the incident. Rescue crews transported all the victims to a nearby hospital where they were treated for injuries.

The driver, Todd Allen, may have suffered a spinal cord injury as a result of the crash. The three other unidentified passengers were treated at the hospital, but later released.

Allen blamed the incident on a stuck accelerator pedal.

Toyota announced on January 21, 2010, that they were recalling at least 4 million vehicles that may have problems with accelerator pedals becoming jammed.

Allen's wife was unsure whether their Camry had been one of the vehicles that had been recalled, but indicated that Allen had both feet on the brake at the time of the incident.

The Louisville auto accident is still under investigation by Louisville Police and they expect a full report of the accident to be available in the coming days.

This is a tragic and unfortunate incident. Our thoughts go out to all of those affected in the crash. Anyone who has a Toyota Camry should check with Toyota to see if the car they own has been recalled.

Lexington Dump Truck Accident Kills Local Man

rjohnson@pschachter.com; phendy@pschachter.com (News Author)12595 — Tue, 02 Feb 2010 08:00:00 EST

A Lexington dump truck accident leaves a local man dead after two vehicles collide. The incident took place at approximately 8:30 AM on Sunday morning, January 30, 2010, on Old Frankfort Pike.

According to police, a 1996 Dodge Stratus slammed into the back of a stopped state Department of Transportation dump truck. The force of the impact caused the car to burst into flames.

Rescue crews transported the driver of the Dodge, Leon-Aquino Montesinos, 28, of Lexington, to University of Kentucky Hospital where he was treated for injuries sustained in the accident. He was eventually pronounced dead at 10:21 PM that same day.

Adrian Tellez, 30, of Louisville, was a passenger in the Dodge at the time of the accident. He was also taken to University of Kentucky Hospital where he was listed in serious condition.

According to authorities, the dump truck had pulled over and was assisting another motorist when the Dodge struck the dump truck. The dump truck had its emergency lights on at the time of the accident. According to a witness, the Dodge was traveling at a high rate of speed when it slammed into the truck.

The fatal Lexington car accident is still under investigation by local authorities.

Louisville Auto Accident Leaves Officer Injured

rjohnson@pschachter.com; phendy@pschachter.com (News Author)12421 — Wed, 27 Jan 2010 08:00:00 EST

A Louisville auto accident leaves a police officer with a mild concussion after his police cruiser is struck by another vehicle. The incident took place at approximately 7:30 AM on Tuesday morning, January 19, 2010, in the 3300 block of Bardstown Road near the Showcase Cinemas.

According to Louisville Metro Police spokesperson Dwight Mitchell, the unidentified Louisville Metro Police officer, was off-duty at the time the accident took place. The police officer was in the process of making a left turn into a shopping center across from the Showcase Cinemas when he was hit. His cruiser was struck on the passenger side by the second vehicle.

Rescue crews transported the second division officer to University Hospital where he was treated for injuries sustained in the accident. He apparently suffered a mild concussion; however, his injuries did not appear to be all that serious, according to Mitchell.

The driver of the second vehicle was not reported as suffering any injuries in the crash. His identity has not been made available.

There were no other injuries reported.

The Louisville accident is still under investigation by local authorities. No other details concerning the accident were made available, including the cause of the accident.

A Cincinnati Car Accident Involves Semi

rjohnson@pschachter.com; phendy@pschachter.com (News Author)12348 — Sun, 24 Jan 2010 08:00:00 EST

A Cincinnati truck accident sends one to the hospital after the car collides with the truck and becomes stuck underneath it. The incident took place at approximately 6:00 AM on Monday morning, January 11, 2010, on southbound Interstate 75.

According to police, Anthony Townsend, attempted to pass a semi in the right lane and lost control of his vehicle. Townsend’s vehicle became stuck as it slid underneath the semi. The semi dragged his car approximately 550 feet down I-75, just south of Paddock Road, exit 9.

Townsend was able to escape his vehicle on his own. Another vehicle stopped and offered Townsend a seat to keep warm until authorities arrived on the scene.

Rescue crews transported Townsend to University Hospital. Details about his injuries were not made available. However, it was reported that he was being held for observation by hospital officials.

The unidentified driver of the semi was not injured in the wreck.

Morning commuters were inconvenienced for several hours as crews cleaned up the accident. The accident caused heavy delays along the interstate. According to reports, the semi suffered damage to its brakes and had to be towed.

The Cincinnati accident is still under investigation by local authorities.

Louisville Accident Kills Pedestrian

rjohnson@pschachter.com; phendy@pschachter.com (News Author)12309 — Fri, 22 Jan 2010 08:00:00 EST

A Louisville accident involving a pickup truck and a pedestrian leaves a homeless man dead after he is struck crossing Preston Highway. The incident took place at approximately 7:30 PM on Friday evening, January 8, 2010, in the 6600 block of Preston Highway.

According to the Louisville Metro Police Department, the victim, Ward Chance Jr., 66, was pushing a grocery cart full of groceries across the northbound lanes when he was struck by the pickup truck. Rescue crews transported Chance, who has been described as a homeless man, to University Hospital where he was treated for multiple blunt force injuries sustained in the accident.

According to Deputy Coroner Larry Carroll, Chance died just before 9:00 PM.

Police have said that the unidentified driver of the pickup truck indicated that he did not see Chance, who was reported as wearing dark clothing at the time of the incident.

According to police spokesperson Alicia Smiley, Chance was not in a crosswalk when he was struck by the pickup truck.

The fatal Louisville accident is still under investigation by local authorities. However, police have indicated that neither drugs nor alcohol were believed to be contributing factors in the accident. Smiley also indicated that no charges will be filed.

Louisville Accident Involving TARC Mini Bus Injures Three

rjohnson@pschachter.com; phendy@pschachter.com (News Author)12193 — Wed, 13 Jan 2010 08:00:00 EST

A Louisville accident involving two vehicles and a TARC mini-bus leaves three inured in the multi-vehicle wreck. The incident took place at approximately 10:00 AM on Sunday morning, January 3, 2010 in the downtown Louisville area.

According to police spokesperson Alicia Smiley, the incident occurred at the intersection of Broadway and Seventh when two unidentified male drivers, one driving a maroon Cadillac sedan and the other driving a dark blue pickup truck, were traveling westbound on Broadway. Both drivers indicated that were driving though the intersection with a green light when a white TARC mini-bus, heading northbound on Seventh, ran the light and slammed into both vehicles.

Rescue crews transported two children who were riding in one of the cars and a passenger in the mini-bus to a nearby hospital to be treated for injuries sustained in the wreck. The injuries have been described as non-life threatening.

Rescue crews treated the driver of the pickup truck at the scene for cuts. According to Smiley, the driver refused further treatment.

Police have not released the identities of those involved in the multi-vehicle accident.

The Louisville accident is still under investigation by local authorities. Police have not released any additional information about the accident.

One Injured in Fairfield Car Accident

rjohnson@pschachter.com; phendy@pschachter.com (News Author)12162 — Mon, 11 Jan 2010 08:00:00 EST

A Fairfield accident involving two vehicles sends one person to the hospital via medical helicopter after the two vehicles collide into one another. The car accident took place at approximately 12:45 PM on Tuesday afternoon, December 29, 2010, just outside of Cincinnati.

According to local police, the afternoon two-vehicle car crash occurred on Ohio 4. Fairfield police have not released information concerning the details of the accident or who was at fault. The identities of those involved in the accident have also not been released by local authorities.

According to investigators, one of the drivers involved in the wreck was transported by a medical helicopter to University Hospital in Cincinnati where the victim were treated for injuries sustained in the accident. The extent of those injuries was not made known by officials.

Police have also reported that there were two other people injured in the crash. Details concerning their injuries have also not been made available.

Local commuters were inconvenienced as emergency crews removed debris from the crash that occurred on Ohio 4.

The Fairfield car accident involving the two vehicles is still under investigation by local authorities. The cause of the accident has not been made known at this time.

One Injured in Cincinnati Truck Accident on I-75

rjohnson@pschachter.com; phendy@pschachter.com (News Author)11990 — Tue, 29 Dec 2009 08:00:00 EST

A Cincinnati truck accident involving a car and two semi trucks leaves one woman with injuries when her car is clipped by one of the tractor-trailers. The incident took place at approximately 5:30 AM on Tuesday morning, December 22, 2009, along the busy Interstate 75.

The accident occurred on the southbound I-75 at the Galbraith on-ramp when the unidentified car was clipped by a semi tractor-trailer. The collision caused her car to spin out of control and was eventually t-boned by a second tractor-trailer. The force of the second impact caused her car to flip over, injuring the woman.

Rescue workers transported the unidentified woman to a nearby hospital where she was treated for injuries sustained in the crash. The woman was described by officials on the scene as injured but alert. No other details about her injuries were made known.

Morning commuters along the I-75 were inconvenienced for several hours while emergency crews removed the vehicles and cleaned debris from the accident. The affected lanes were reopened later that morning.

The Cincinnati truck wreck is still under investigation by local authorities. Officials have not released any information as to who was at fault, causing the accident along I-75.

Louisville Man Killed in Meade County Accident

rjohnson@pschachter.com; phendy@pschachter.com (News Author)11921 — Sat, 26 Dec 2009 08:00:00 EST

A Meade County accident involving a car and a Louisville man leaves a road surveyor dead when the driver slams on his brakes and hits the man. The incident took place at approximately 3:30 PM on Thursday afternoon, December 17, 2009 near the 2300 block of Old State Road.

The tragic accident occurred when a road surveyor with a construction crew was working on the side of Old State Road. According to Meade County Sheriff’s Department, a car was traveling over a nearby hill and slammed on his brakes when he saw the construction crews on the side of the road. According to reports, the car then spun out of control and slammed into the victim.

The victim has been identified as Vernon Findlay, 47, of Louisville. Rescue workers transported Findlay by air to University Hospital. He was pronounced dead later that evening from injuries sustained in the accident. There were no other injuries reported.

Police officials have not released the name of the man driving the car that struck Findlay.

The fatal Meade County accident is still under investigation by local authorities. Police have not determined whether the unidentified driver will face any charges as a result of the accident.

Cincinnati Car Accident Leaves Two Injured

rjohnson@pschachter.com; phendy@pschachter.com (News Author)11784 — Sat, 19 Dec 2009 08:00:00 EST

An early morning Cincinnati car accident involving two vehicles along a busy interstate leaves two people injured. The incident took place on Friday morning, December 11, 2009, during the morning commute.

According to Cincinnati Police, the crash involving two unidentified vehicles occurred when one of the cars rear-ended the other. The force of the impact caused a 20-year-old woman to become trapped in her vehicle and leaving a 60-year-old man, who was hit from behind, unconscious. It was not determined if there were any other passengers in the vehicles at the time of the crash.

Rescue workers transported both of the victims to nearby University Hospital where they were treated for injuries sustained in the morning crash. Officials have described the injuries to both of the unidentified victims as non-life threatening. No other information concerning their injuries was made available.

The two-vehicle crash forced local police to shut down two southbound lanes of Interstate 71 just south of Dana Avenue as crews cleared the wreckage from the early morning accident. The lanes were reopened later that morning.

The police have not released any other information about the crash. However, the two-vehicle Cincinnati crash is still under investigation by local authorities.

Butler County Crash Kills Teen

rjohnson@pschachter.com; phendy@pschachter.com (News Author)11635 — Mon, 07 Dec 2009 08:00:00 EST

A Fairfield car accident involving two vehicles leaves one teen dead. The incident took place at approximately 3:00 PM on Wednesday afternoon, December 2, 2009 in Butler County, north of Cincinnati.

According to Fairfield police, Joshua Crain, 18, a junior at Fairfield High School, died when the pickup truck he was riding in struck a Ryder rental moving truck head on. Crain’s 16-year-old girlfriend, Taylor Rhodus, was driving the pickup truck at the time and was traveling northbound on Gilmore Road when she entered the southbound lanes and struck the Ryder truck.

Crain was pronounced dead at the scene. It was unclear as to whether he was wearing a seatbelt at the time of the accident.

Rescue workers transported Rhodus to University Hospital in Cincinnati where she remains in intensive care. Her injuries include broken leg bones, a shattered kneecap and broken ribs. It is believed that Rhodus was wearing a seatbelt.

The driver of the Ryder truck, John Yocum, 47, of Harrison, was transported to Bethesda North Hospital and treated for injuries to his hands. The Ryder truck was rented by UPS and Yocum was working at the time of the incident. It is believed that he was also wearing a seatbelt.

The two-vehicle accident is still under investigation by local authorities. It is unclear as to what made Rhodus swerve into the southbound lanes.

South Fairmont Accident Leaves One Dead

rjohnson@pschachter.com; phendy@pschachter.com (News Author)11601 — Fri, 04 Dec 2009 08:00:00 EST

A South Fairmont pedestrian accident just outside of Cincinnati leaves a 26-year-old man dead. The incident involving two vehicles took place at approximately 2:00 PM on Saturday afternoon, November 19, 2009.

According to Cincinnati police, the incident occurred near the intersection of Westwood Avenue and Grand Avenue in South Fairmont when Samira Holt, 21, drove through a red light and slammed into another vehicle. The force of the collision caused Holt’s car to careen onto the sidewalk, killing 26-year-old Matthew Ash, who was walking on the sidewalk.

Rescue workers transported Holt to University Hospital where he was treated for injuries. Police have described his injuries as non-life threatening. There was also an 8-month old baby in Holt’s car. Police report that the baby was not injured.

The driver of the second car involved in the accident suffered minor injuries sustained in the crash. It was unclear on whether the victim was transported to a nearby hospital.

“It’s unfortunate and unlikely. I just couldn’t believe it. I mean, stunned,” said Derek Johnson, Ash’s roommate. “My life will never be the same.”

The fatal pedestrian accident is still under investigation by local authorities. However, police have not made any arrests at this time.

Verona Car Accident Kills Three

rjohnson@pschachter.com; phendy@pschachter.com (News Author)11470 — Fri, 27 Nov 2009 08:00:00 EST

A Verona car accident involving a pickup truck and a Federal Express delivery van ends in the death of three people. The incident took place at approximately 4:00 on Tuesday afternoon, November 17, 2009 on the U.S. 42.

According to Boone County Sheriff’s Office spokesperson Tom Scheben, Tamara Roberts, 45, of Warsaw, was driving a 2002 Ford F-150 at the time of the accident. She was driving in the southbound lanes of U.S. 42 at the Miller Owens Road exit when she apparently lost control of the vehicle and swerved sideways into the northbound lanes and into the path of a Federal Express delivery van. The delivery van was driven by Gary Hutchinson, 55, of Dry Ridge. Scheben said that the F-150 T-boned the van.

Rescue workers transported Roberts to a nearby hospital. However, she died en route to the hospital.

Robert’s son, Dillon Roberts, 11, and her father, Dallas Wallace, 70, were both killed in the accident. According to authorities, the three victims were not wearing seatbelts when the incident took place.

Rescue workers transported Hutchinson to Saint Elizabeth Hospital in Florence and was treated for minor injuries.

The incident is still under investigation by local authorities. However, investigators believe that wet and slippery road conditions may have played a role in the accident.

Scott County, Kentucky Truck Accident Claims the Life of an Elderly Woman

rjohnson@pschachter.com; phendy@pschachter.com (News Author)11448 — Wed, 25 Nov 2009 08:00:00 EST

A Scott County truck accident involving a pickup truck and a tractor-trailer claims the life of an elderly woman. The incident took place at approximately 12:45 PM on Tuesday afternoon, November 10, 2009.

The fatal incident happened at the intersection of U.S. Highway 27 and State Highway 63 when Edith Mae Macrum, 85, of Oneida, allegedly pulled her Dodge Ram pickup truck onto State Highway 63 and into the path of a tractor-trailer.

According to reports, the driver of the tractor-trailer, William P. Renfro, 45, of Louisville, attempted to avoid Macrum by veering to the right of her pickup truck. He was unsuccessful and slammed into the right side of Macrum, killing her.

Troopers found both the pickup truck and the tractor-trailer stopped on the embankment of the U.S. Highway 27 side when they arrived on the scene.

Renfro suffered injuries from the truck wreck. However, details of his injuries and whether he was transported to a nearby by hospital were not available.

The fatal two-vehicle accident is still under investigation by local authorities. However, reports indicate that both drivers were wearing seatbelts at the time the incident occurred. Drugs and alcohol are not suspected as contributing factors in the accident.

Lexington Car Accident Kills Two

rjohnson@pschachter.com; phendy@pschachter.com (News Author)11388 — Sun, 22 Nov 2009 08:00:00 EST

A Lexington car accident involving two vehicles, including a pickup truck hauling a trailer, ends in the death of two people and injures one other. The incident took place at approximately 9:00 AM on Saturday morning, November 14, 2009 in Rowan County.

According to Kentucky State Police, a Ford pickup truck driven by Johnny B. Blevins, 56, of Grayson, hauling a trailer with a bull inside, lost control after it got a flat tire. The truck was traveling westbound on Interstate 64 near the 145 mile marker when the blown tire caused the truck to swerve into the other lane and colliding with a 2005 Dodge Neon, driven by Charles Ison, 29, of Grayson. The impact caused both vehicles to flip over in the median.

Blevins and his passenger, Devin Wayne Campbell, 21, of Lexington, were both ejected from their vehicle and pronounced dead at the scene.

Ison was originally transported by rescue workers to St. Claire Medical Center in Morehead. He was later airlifted to the University of Kentucky Hospital in Lexington. His condition is unknown.

The fatal incident is still under investigation by Kentucky State Police. However, reports indicate that none of the victims were wearing seatbelts at the time of the accident.

Lexington Car Accident Kills Two

rjohnson@pschachter.com; phendy@pschachter.com (News Author)11389 — Sun, 22 Nov 2009 08:00:00 EST

Pain Pump Causes Cartilage Loss Warns FDA in Shoulder and Knee Joints

rjohnson@pschachter.com; phendy@pschachter.com (News Author)11322 — Wed, 18 Nov 2009 08:00:00 EST

The Wall Street Journal recently reported that the FDA has issued a new bulleting instructing the manufacturers of pain pumps and local anesthetics to include a warning about the risk of severe destruction of cartilage called chondrolysis when the pumps are used in the joint space.

Police Chase in Cincinnati Results in Multi-Vehicle Accident

rjohnson@pschachter.com; phendy@pschachter.com (News Author)11302 — Mon, 16 Nov 2009 08:00:00 EST

A Cincinnati police chase in Corrysville ends in a multi-vehicle crash. The incident took place at approximately 9:45 PM on Tuesday evening, November 10, 2009 near the Vernon Manor Hotel.

According to Cincinnati Police Sgt. Danita Kilgore, the incident began when the Cincinnati Vortex Units were investigating drug activity in Coryville. In an attempt to stop a vehicle, three suspects ignored police by getting into a car and fleeing the scene.

The driver of the fleeing car drove into an intersection striking another car causing that vehicle to spin and slam into two other parked cars.

Rescue workers transported the driver of the second car to University Hospital and treated the victim for a head injury. The injuries were not considered life-threatening.

One of the suspects in the fleeing car suffered a punctured lung and was also taken to University Hospital. The suspect’s injuries were also not considered life-threatening.

Police have not released any of the names of those involved in the incident.

The driver of the fleeing car was apprehended by police as the suspect attempted to evade police by foot. According to Kilgore, at least two of the suspects could face criminal charges.

The Cincinnati incident is still under investigation by local authorities.

Knee Shoulder Pain Pumps Cause Cartilage Damage Warns FDA in New Announcement

rjohnson@pschachter.com; phendy@pschachter.com (News Author)11270 — Fri, 13 Nov 2009 08:00:00 EST

Pain pumps created a totally new and untested way of using well known local anesthetics. Because local anesthetics historically were only administered by a single shot injection they were limited in how long they could provide pain relief. Even the longest acting local anesthetics could not provide pain relief for more than 3-4 hours after injection. The pain pump created a mechanism by which the local anesthetic could be continuously infused into the body thereby extending the period of pain relief from hours to days. The manufacturers touted the advantages of controlling pain in this manner rather than oral pain medication, including better pain control, no risk of addiction to narcotics, fewer return visits to hospital for pain issues.

The pain pump manufacturers performed no safety studies to determine if it was safe to continuously infuse a local anesthetic into different parts of the human body for 24 hours or more. The manufacturers of the local anesthetics lacked any information on this use as well because they were not aware until much later that this new manner of delivering the drug to the patient had been developed. There was nothing in the warnings or labeling of the local anesthetic to alert patients or physicians that it might not be well suited to continuous infusion.

It is now known that when local anesthetics are continuously infused into joints for more than 48 hours the articular cartilage is killed. The destruction is permanent, and dead cartilage sloughs off over time resulting in increasing pain and loss of range of motion for the patient. In most patients there is no cartilage left within a year to 18 months of the initial exposure to the local anesthetic. The mechanism of injury is simple. Cartilage is made up of a matrix of cells shaped like a honeycomb. In the center of honeycomb compartment there is a cell called a chondrocyte. The chondrocyte is the life center of the cartilage; it nourishes and maintains the matrix.

Adair County Woman Dies in Kentucky Accident

rjohnson@pschachter.com; phendy@pschachter.com (News Author)11207 — Sat, 07 Nov 2009 08:00:00 EST

A Kentucky pedestrian accident involving an Adair County woman attempting to cross the Public Square in Columbia ends in her death. The incident took place on Wednesday morning, October 28, 2009.

The victim, Kathy Gaskins Grant, 55, of Columbia, was attempting to cross the Public Square to the Adair County Courthouse when a Dodge pickup truck slammed into her. According to reports from the Columbia Police Department, Grant was not in a designated crosswalk when the accident took place near the Burkesville Street side of the Public Square.

The 1999 Dodge truck that struck Grant was driven by Joey Keith, 37, of Columbia.

Rescue workers at the scene transported Grant by air to the University of Louisville Hospital where she died at 5:25 PM, October 30, 2009, from injuries she sustained in the Kentucky pedestrian accident.

Grant was employed by the Kentucky Department of Public Advocacy where she worked as a criminal investigator.

No information was provided as to whether Keith was treated for injuries or was transported to a nearby hospital.

The cause of the accident has not been determined. It has not been made clear to whether any charges will be filed.

The Columbia accident involving the Adair County woman is still under investigation by local authorities.

Cincinnati Man is Killed by Hit-and-run Driver

rjohnson@pschachter.com; phendy@pschachter.com (News Author)11055 — Wed, 28 Oct 2009 08:00:00 EST

A Hamilton County car accident kills a Cincinnati man. The incident took place in Colerain Township north of Cincinnati at approximately 2:30 AM on Saturday morning, October 24, 2009.

The victim, Steven Vaughn, 44, of Cincinnati, was reported being in the center lane of Interstate 74 near Rt. 128 clearing debris from an earlier crash when he was struck by a unidentified black vehicle traveling westbound along the interstate.

According to the Hamilton County sheriff’s office, Vaughn was transported by rescue workers to University Hospital. Vaughn later died due to the injuries he suffered from the hit-and run accident.

According to police, the black vehicle fled the scene after hitting Vaughn. The police also reported that Vaughn was not wearing any reflective safety clothing at the time of the incident.

There were minor injuries reported in the first crash that had just taken place prior to Vaughn being hit.

Local commuters were inconvenienced when the I-74 was shut down until approximately 6:00 AM in the morning while investigators continued to determine the cause of the accident and while crews cleared the two accident scenes.

The Hamilton County hit-and-run accident is still under investigation by local authorities. Police have indicated that it is unknown if drugs or alcohol were contributing factors in the accident.

Crash Near Mt. Washington Kills One and Injures Four

rjohnson@pschachter.com; phendy@pschachter.com (News Author)11054 — Tue, 27 Oct 2009 08:00:00 EST

A Kentucky car accident involving four vehicles killed a man and injured four more. The car crash occurred at approximately 2:00 AM on Sunday morning, October 18, 2009 south of Louisville.

The four-vehicle crash happened in the Mount Washington area on Bardstown Road leaving one man dead and another in serious condition. According to Kentucky State Police, the driver, Kevin Sullivan, 22, was traveling the wrong way on Bardstown Road where police say that he collided with two other vehicles. This caused another driver to crash into the three other vehicles already involved in the incident.

Sullivan suffered serious injuries and was transported to University Hospital where he is listed in serious condition.

Michael Workman, 22, was also injured in the North Kentucky car accident. He was also transported by rescue crews to University Hospital where he was later pronounced dead.

Both men had to be stat-flighted to the hospital.

The identities of the other two victims were not made available. There were no other injuries reported by officials.

According to Kentucky State Police, alcohol is suspected as a contributing factor in the four-vehicle Mount Washington accident.

The incident is still under investigation by local authorities as they try to determine why Sullivan was traveling the wrong way on the Kentucky road.

Failure to Properly Monitor Fetus Blamed for Cerebral Palsy From Placental Abruption/ $3.99 Million Verdict

rjohnson@pschachter.com; phendy@pschachter.com (News Author)10992 — Mon, 26 Oct 2009 08:00:00 EST

The plaintiff mother went to the hospital at thirty-six weeks into her pregnancy in May 2000. She was complaining of abdominal pain, vomiting and diarrhea. There was an attempted fetal heart tracing, but no other fetal tests were performed for about three hours. At that time the nurse had trouble obtaining a fetal heart rate and called labor and delivery. A physician then found the fetal heart rate to be thirty and an emergency cesarean section was performed. The plaintiff claimed that the doctors failed to properly monitor the fetal heartbeat. The child suffered cerebral palsy which was attributed to placental rupture. The plaintiff contended that defendant Dr. Rader was informed of the mother's condition about forty-five minutes after her arrival, but did not see or evaluate her. Th eplaintiff also maintained that defendant Dr. Chen was told of the mother's condition about two hours after her arrival, but did not see her. The defendants claimed that the placental rupture occurred only fifteen to twenty minutes prior to delivery by emergency cesarean section.

Two Related Crashes in Boone County Kill Two People

rjohnson@pschachter.com; phendy@pschachter.com (News Author)11007 — Mon, 26 Oct 2009 08:00:00 EST

Two related Kentucky car accidents in Boone County result in two people being killed. Both crashes occurred along Interstate 275 on Sunday afternoon, October 18, 2009.

According to police, the first Boone County car accident took place at approximately 11:15 AM in the eastbound lane of I-275 at the 4 mile marker, near the Cincinnati Northern Kentucky International Airport.

William Bolton, 67, was driving a heavy duty pick-up truck when his vehicle lost control and veered off the roadway injuring the man. He was transported by Air Care to University Hospital where he is reported as suffering life-threatening injuries. Police have not determined why Bolton lost control of his truck.

Police were called to another wreck about 20 minutes later. A sport utility vehicle (SUV) occupied by Sam Roberts, 25, and Brittany Holtzman, 22, veered off the road way and reportedly flipped two and a half times. Roberts and Holtzman died at the scene when they both were ejected from the SUV. The second accident happened in the westbound lane of I-274 near the 4.6 mile marker, west of the airport exit.

According to police, the driver of the SUV became distracted and did not realize that traffic slowed down due to the first wreck. They lost control and veered off the interstate in an attempt to avoid the cars in front of them.

The northern Kentucky accidents are still under investigation by local authorities.

Four Injured in I-275 Accident Near Cincinnati/Northern Kentucky Airport

rjohnson@pschachter.com; phendy@pschachter.com (News Author)10889 — Tue, 20 Oct 2009 08:00:00 EST

A northern Kentucky accident that took place near the Cincinnati/Northern Kentucky International Airport (CVG) resulted in four people being injured. The crash, involving four vehicles, happened on the westbound Interstate 275 in the Hebron, Kentucky area.

The incident took place at approximately 12:15 on Wednesday morning, October 14, 2009 near the westbound exit for CVG.

According to Boone County Sheriff’s spokesperson Tom Scheben, traffic was at a standstill due to road work when the crash took place. Scheben reports that a 2008 GMC van, driven by Garry Robinson, 51, of Petersburg, slammed into the back of Dale Shell, 54, of Covington, who was driving a 2004 Chevrolet Impala.

The force of the impact caused Shell’s Impala to slam into the back of a Chevrolet Silverado pickup truck driven by Charles Centers Jr., 21, of Burlington. Centers’ vehicle was then forced into a tractor trailer driven by Okey Rodgers II, 35, of Columbus, Ohio.

According to officials, emergency crews transported Shell by air to University Hospital to be treated for severe head injuries. Shell’s wife, Denise Shell, 51, Robinson and Centers were all transported to St. Elizabeth in Florence were they were treated for injuries. They have all been released.

The cause of the northern Kentucky accident involving four vehicles remains under investigation by authorities.

Failure to Timely Perform Cesarean Section- Baby Suffers Stroke/ $2.3 Million Settlement

rjohnson@pschachter.com; phendy@pschachter.com (News Author)10905 — Tue, 20 Oct 2009 08:00:00 EST

The plaintiff mother was admitted to a hospital for induction of labor at thirty-seven weeks gestation in September 2001. The defendant doctor assumed her care toward the end of a long, but relatively uneventful, first stage of labor. After two and one-half hours of pushing, the baby had failed to descend and fetal heart rate monitoring indicated a non-reassuring pattern with frequent severe variable decelerations. There were also indications that the fetal head was overriding the mother's pelvic bone and that the mother's pelvis was abnormally narrow. The physician did not perform another exam for about four hours, by which time the baby's heart rate had become tachycardic. The defendant continued vaginal efforts until the end of his shift. The physician who assumed the mother's care after the defendant immediately ordered a cesarean section. The baby appeared healthy at birth, but by the age of nine months he was noted not to be using his right arm and leg as much as the left. A neurologist determined that the child had suffered a prenatal stroke. A work up found no hypercoaguability, but the plaintiff does carry a genetic mutation which could render him prone to clotting. The defendant claimed that the stroke had occurred weeks prior to labor. The plaintiff claimed that the stroke was not caused by a clot, but by lack of blood flow to the "watershed"area of the brain. The plaintiff claimed that a cesarean section should have been performed much earlier.

Failure to Timely Deliver Child With Cord Wrapped Around Neck/ $2.5 Million Settlement

rjohnson@pschachter.com; phendy@pschachter.com (News Author)10837 — Thu, 15 Oct 2009 08:00:00 EST

The plaintiff mother was pregnant with a due date of October 22, 1999. She was being treated for gestational diabetes. She was seen by the defendant obstetrician/gynecologist, Deborah Skannal, M.D. about two and one-half weeks prior to her due date. An ultrasound was performed at this time. The mother was admitted to the defendant hospital for induction of labor on the day before her due date as a result of her gestational diabetes. An emergency cesarean section was performed during the evening of the next day. The plaintiff child was hypoglycemic at birth and exhibited seizure-like activity. He was later diagnosed with mental retardation and cerebral palsy. The plaintiff claimed that the physicians and the hospital staff failed to recognize that the ultrasound showed the placental cord around the fetus' neck, which was not relayed to the labor and delivery unit. The plaintiffs also argued a failure to properly interpret fetal monitoring and signs of intrauterine fetal distress and failed to timely perform a cesarean section. The plaintiffs also claimed that the physicians were not timely informed of intrauterine fetal distress. The plaintiffs also maintained that the child was born with the cord wrapped tightly around his neck, but he received no treatment for several hours after birth. The physicians were dismissed from the case and the matter proceeded against the hospital only. The hospital denied any negligence and disputed the nature and extent of the child's disabilities.

High Speeds Likely Involved in Fatal Northern Kentucky Crash

rjohnson@pschachter.com; phendy@pschachter.com (News Author)10770 — Thu, 08 Oct 2009 08:00:00 EST

A two-vehicle car crash in Fort Mitchell, Kentucky results in the death of a man. The Northern Kentucky accident, which took place along the northbound lanes of Interstate 71/75, occurred at approximately 10:00 PM on Tuesday morning, September 22, 2009.

According to police, Christopher Barth, 32, of Elsmere, was traveling north near the Buttermilk Pike exit when the incident took place, He apparently lost control of his car and struck another vehicle. The report indicates that Barth was ejected from his car and became trapped underneath it when it overturned.

The police report that Barth was pronounced dead at the scene.

Authorities have yet to release the identity of the second driver involved in the fatal crash. However, he did not appear to be injured as a result of the crash and his car suffered minor damage.

The incident is still under investigation by authorities. However, police have indicated that excessive speed may have been a factor.

Commuters in Forth Mitchell were inconvenienced when two of the northbound lanes were shut down for approximately two hours to allow crews to clean up the mess and let authorities conduct their investigation.

U.S. Soldier Charged in Fatal Northern Kentucky Car Accident

rjohnson@pschachter.com; phendy@pschachter.com (News Author)10593 — Tue, 29 Sep 2009 08:00:00 EST

A U.S. soldier has been charged in the death of his friend following a fatal Kenton County car accident in the Northern Kentucky area. The incident took place at approximately 2:30 AM on Thursday morning, September 3, 2009.

According to Police, Riley Ealy, 26, of Crescent Springs, was traveling along Amsterdam Road when he lost control of his vehicle and slammed into a tree. Erlanger Police spokesperson Lt. Kevin Gilpin indicated that Ealy’s friend, James Fry, 25, of Walton, was a passenger in the car at the time of the accident. Fry was pronounced dead at the scene.

Marshall Ealy, 31, of Crescent Springs, was the third passenger. He is reported as suffering only minor injuries.

According to police, alcohol and speed were contributing factors in the crash. Police have brought second-degree manslaughter, driving under the influence and wanton endangerment charges against Riley Ealy.

Riley Ealy, a U.S. Army soldier was recently home from a tour in Iraq when his car slammed into the tree in the 1900 block of Amsterdam Road. The crash took place a few houses away from Marshall Ealy’s home.

According to Riley Ealy’s MySpace page, he moved to Kentucky from Dumas, Texas, about four years ago.

Police are still investigating the accident.

Car is Struck by a UPS Truck in Kentucky Accident

rjohnson@pschachter.com; phendy@pschachter.com (News Author)10478 — Fri, 25 Sep 2009 08:00:00 EST

Three vehicles were involved in a Kentucky car accident when a UPS truck struck a car. The accident caused a chain reaction that involved three cars. According to Kentucky State Police, the accident took place on KY 32 near Copperas Hollow.

The accident occurred at approximately 4:00 PM on Thursday afternoon, September 10, 2009.

“The call about the accident came in at 4:05 PM. The UPS truck driver advised that he was coming over the hill, he was sneezing, and he did not see unit two or unit three,” said Kentucky Sate Police Trooper Joshua Pigman.

The UPS truck was being driven by William Gillespie when the collision occurred. The second car involved in the accident was driven by Devin Lewis. Holly Brown was the driver of the third vehicle. The make and models of the two cars involved in the crash on KY 32 were not provided by police who were investigating the crash.

Morehead Fire and Rescue responded to the accident where they transported Brown to a local hospital for apparent neck injuries. Lewis was taken to St. Claire Regional Medical Center by a friend.

The accident is still under investigation by Kentucky Sate Police Trooper Joshua Pigman.

Three Die in Wolfe County Motorcycle and Truck Accident

rjohnson@pschachter.com; phendy@pschachter.com (News Author)10479 — Fri, 25 Sep 2009 08:00:00 EST

According to Kentucky State Police, three people were killed when a motorcycle and a pickup truck collided. The crash, which took place in Wolfe County, involved two men and a woman. The two men apparently died early that morning at the scene while the female victim died later in the day.

The Wolfe County accident took place at approximately 12:00 AM on Monday morning, September 14, 2009. Police were alerted of the crash at approximately 12:15 AM that morning.

The accident took place on KY 15 at Myrtle Little Hollow Road where Jason C. Patrick, 36, of Campton and Kenneth R. Pierson, 29, of Stanton died due to wounds sustained from the wreck. The female victim, Ronda Ann Bush, 20, of Campton, died later that afternoon at University of Kentucky Hospital.

According to police, Pierson, with Bush as a passenger, were riding on a 2007 Yamaha motorcycle traveling north on KY 15. The collision occurred when Patrick, who was driving a 1994 Toyota pickup truck, turned onto the highway from Myrtle Little Hollow Road.

The motorcycle apparently collided with the truck, striking the driver’s side door. Upon impact, both Pierson and Bush were both thrown from the motorcycle. According to Coroner Frank Porter, both Pierson and Patrick were pronounced dead at the scene due to severe head trauma. Bush was rushed to University of Kentucky Hospital where she later died due to injuries.

Man Killed in Carroll County, Kentucky Car Accident

rjohnson@pschachter.com; phendy@pschachter.com (News Author)10333 — Thu, 10 Sep 2009 08:00:00 EST

A man was killed and his wife injured in an early morning car accident in Carroll County. According to Kentucky State Police, the tragic auto accident took place on Interstate 71 south near Campbellsburg at approximately 12:45 AM.

Jessica Isaacs, a 23-year-old Franklin, Ohio resident, was driving a vehicle that left the interstate and flipped. Her car then traveled into the northbound lanes and hit the guardrail. Michael Isaacs, a 24-year-old man, was not wearing a seat belt and was ejected from the vehicle. He had been riding in the front passenger seat.

Michael was taken to the Carroll County Memorial Hospital in Carrollton where he was pronounced dead. Jessica was also transported to Carroll County Memorial Hospital for treatment for non-life threatening injuries. She had been wearing her seat belt.

The couple’s child was riding in a child safety seat in the rear passenger seat of the vehicle and was not injured in the crash.

Gallatin County Car Accident on I-71

rjohnson@pschachter.com; phendy@pschachter.com (News Author)10268 — Fri, 04 Sep 2009 08:00:00 EST

A two-vehicle accident on Interstate 71 claimed the life of one person. Kentucky State Police, Gallatin County police, fire and medical personnel all responded to the accident scene.

The fatal Gallatin County car accident occurred at approximately 2:30 AM at mile marker 63 southbound. Kentucky State Police were the first ones on the scene.

The tragic accident took place when a tractor-trailer hit an abandoned vehicle parked in the emergency lane of the interstate. Thomas Kellett, a 58-year-old Como, Tennessee resident, was driving at the time and 55-year-old Teresa Kellett was a passenger in the sleeper portion of the truck.

According to police, the truck went past the location of the abandoned car and off of the west side of the interstate through the guardrail and over an embankment. Teresa was ejected from the truck and was pronounced dead at the scene by the Gallatin County Coroner. Thomas was injured in the crash and was airlifted by PHI Air Medical.

Trooper Justin Sams, along with Kentucky State Police, is investigating the Kentucky truck accident.

Roman Shades Sold by Pottery Barn Kids Recalled

rjohnson@pschachter.com; phendy@pschachter.com (News Author)10149 — Thu, 27 Aug 2009 08:00:00 EST

Approximately 85,000 roman shades sold exclusively by Pottery Barn Kids have been recalled due to a strangulation hazard. It has been discovered that children can suffer from strangulations if they place their neck between the exposed inner cord and the fabric on the backside of the blind or if they pull the cord out and wrap it around their neck.

From March 2006 through July 2008, there have been six reports of children becoming entangled in the cord. Four of these children were found with cords around their necks and scissors had to be used to release two of them. Two other children were discovered with red marks around their necks after they freed themselves from the cord.

This recall includes roman shades distributed by Pottery Barn Kids/Williams-Sonoma, Inc. of San Francisco, California. All sizes and colors of roman shades with exposed inner cords on the back are involved in the recall. There are two sewn-in labels at the bottom edge of the shade. These roman shades were sold in the Pottery Barn Kids catalog throughout the country and through the company’s website at www.potterybarnkids.com from January 2003 through May 2007.

If you have one of these shades, you need to stop using it and contact Pottery Barn Kids at 800-492-1949 to receive a merchandise card for the purchase value.

Thirteen Children Injured in Kentucky Bus Accident

rjohnson@pschachter.com; phendy@pschachter.com (News Author)10109 — Tue, 25 Aug 2009 08:00:00 EST

Thirteen children were injured in a Kentucky bus accident when the bus was rear-ended on Highway 421 on August 20, 2009.

The bus crash occurred in Harlan, near Highway 38 when a truck smashed into the back of the bus around 6:30 AM. At the time, the bus was carrying 35 kids to James A. Cawood elementary school. The bus was stopping at a railroad crossing when the pickup truck didn’t stop in time to avoid a collision.

Some of the children sustained injuries, including minor sprains, bumps and bruises. Thirteen of the kids were taken to the Harlan ARH. Tim Saylor, Harlan County Schools Superintendent, said that it was “mainly for protection reasons to make sure they were okay.”

The children were all treated and released from the hospital. The bus did not sustain too much damage and was in good enough condition to take the rest of the children to school. Although, it is going through routine tests to make sure it is okay to transport students again.

The accident showed the importance of allowing adequate space to stop behind a bus. Kentucky state law requires that buses stop at railroad crossings.

According to officials, the roads were wet at the time of the bus crash.

Wrongful Death Lawsuit Over a fatal Kentucky Car Accident

rjohnson@pschachter.com; phendy@pschachter.com (News Author)10039 — Thu, 20 Aug 2009 08:00:00 EST

The son of a Kentucky lawmaker will have to pay $1.5 million to the family of a graduate student killed in a car accident in southwestern Kentucky. The settlement is for a wrongful death lawsuit filed by the student’s surviving family.

The fatal Kentucky car accident occurred after a party in the southwestern portion of the state. Burgess Harrison Yonts, the son of Kentucky Rep. Brent Yonts, was convicted in February 2007 of drunken driving, wanton murder and other charges associated with the 2005 accident that took the life of Nadia Shaheen. Shaheen was a graduate student at Murray State University.

Yonts was also attending Murray State University at the time of the crash and belonged to the Lambda Chi Alpha fraternity. According to police, he struck Shaheen as she walked along the side of the road. Her body was discovered in a ditch the morning of the tragic accident.

Attorneys for both sides filed settlement papers in U.S. District Court that detailed the agreed upon settlement.

Pedestrian Accident Kills Teen in Union, Kentucky

rjohnson@pschachter.com; phendy@pschachter.com (News Author)10000 — Mon, 17 Aug 2009 08:00:00 EST

An 18-year-old man was killed after he was hit by a car trying to cross US 42 at Mount Zion Road in Union at approximately 9:00 PM in the evening, according to investigators.

Glennis Christophel was taken to a nearby hospital for treatment for the injuries he sustained in the Kentucky pedestrian accident, but later died from his injuries.

Police say that the driver who struck Christophel, 18-year-old Jason Chisholm, was driving his vehicle in the curb lane at the time of the tragic crash that ended in Christophel’s death. Investigators are still investigating the accident.

A fund has been established to help cover the funeral costs for Christophel. The Glennis Christophel fund has been set up at US Bank and donations can be made at any US Bank location.

Pickup Truck Rolls Over in Kentucky

rjohnson@pschachter.com; phendy@pschachter.com (News Author)9944 — Tue, 11 Aug 2009 08:00:00 EST

A rollover accident occurred in Kentucky after a woman driving a pickup truck attempted to make a fast turn onto the street. Her vehicle rolled onto its top and hit a light pole.

According to Kentucky State Police, Debra Pennington, the driver of the Ford F-150 XLT, was trying to pull onto the street when it appears as though she overcorrected and lost control of the pickup. As a result, the truck flipped, hit a light pole and consequently knocked out power in the local area, said Kentucky State Police Trooper Scott Caudill.

One of the local residents in the area told police at the accident scene that the breaker box was pulled from the side of her house, which caused the electricity to shut off. However, Kentucky Utilities was able to fix the problem.

There were two young people riding with Pennington at the time of the rollover crash. They were taken by Morehead-Rowan County EMS to St. Claire Regional for treatment for their injuries. Pennington was not injured in the car accident, according to Caudill. The state trooper went on to say that all of the occupants in the pickup were wearing their seatbelts at the time of the crash and that alcohol was not believed to be a factor.

Caudill is still investigating the Kentucky car accident.

New function for muscular dystrophy protein

rjohnson@pschachter.com; phendy@pschachter.com (News Author)9725 — Mon, 03 Aug 2009 08:00:00 EST

Attorney Ronald E. Johnson of Schachter & Hendy concentrates on legal issues surrounding children's injuries.

Researchers have found a new function for a protein that is missing in people who develop childhood muscular dystrophy. Patients with Duchenne muscular dystrophy are lacking the protein called dystrophin, according to Science Blog. The researchers at the University of Minnesota and the National Institute of Health found that dystrophin links to the microtubules, a highly ordered lattice in muscle, and the new study found that these microtubules become disorganized when dystrophin is missing, said the article.

The new study will be published in the August issue of The Journal of Cell Biology and the research was funded by the National Institute of arthritis and Musculoskeletal, said Science Blog. Researchers feel these new findings demonstrate that microtubule organization contributes to the symptoms of Duchenne muscular dystrophy and will hopefully lead to developing new therapies to combat the effects of muscular dystrophy, according to the article.

Brown fat cells may provide way to fight obesity

rjohnson@pschachter.com; phendy@pschachter.com (News Author)9726 — Mon, 03 Aug 2009 08:00:00 EST

Attorney Ronald E. Johnson of Schachter & Hendy concentrates on legal issues surrounding children's injuries.

New research shows a discovery of how the body creates brown fat, the cells that burn white fat and turn it into body heat, and this discovery may provide a new approach to treating obesity, according to The New York Times.

The research was led by Bruce M. Spiegelman of Harvard Medical School, and will be published in the journal Nature, said the article. The researchers studied brown fat cells, that help the body burn off white cells that store fat, and babies have a lot of brown fat to help them keep warm, said The Times.

After researchers found some brown fat tissue still in adults, they began to wonder if the cells could be made to be more active to help fight obesity, said the article. When researchers worked on reverting brown fat cells, they turned into muscle cells, according to experiments by Dr. Spiegelman, said the Times.

According to the Times, Dr. Spiegelman said further research with this protein may provide a way to produce a useful drug for converting skin cells into brown fat cells. This kind of cell therapy, if it is developed, would be combined with lifestyle changes and other interventions to prevent obesity, said the article.

Tips for parents on treating children's ankle sprains

rjohnson@pschachter.com; phendy@pschachter.com (News Author)9727 — Mon, 03 Aug 2009 08:00:00 EST

Attorney Ronald E. Johnson of Schachter & Hendy concentrates on legal issues surrounding children's injuries.

The Mayo Clinic has advice for parents on how to treat their children's sprained ankles, according to their website.

According to the Mayo Clinic, a sprain is an injury caused by excessive stretching to the ligaments, the elastic-like bands attached to bones and holding joints in place. Ankle and knee sprains are the injuries that children have the most.

The Mayo Clinic advises parents to seek emergency medical assistance if their children exhibit:

You hear a popping sound when the joint was injured, the child can't use the joint, or they feel unstable when putting weight on the joint. If the ligament is completely torn, apply a cold pack go to the doctor.
Your child has a fever higher than 100 F (37.8 C), and the area is red and hot--they may have an infection.
Your child has a severe sprain.
Your child isn't improving after the first two or three days.

Yoga and mindful eating is a way to fight obesity

rjohnson@pschachter.com; phendy@pschachter.com (News Author)9728 — Mon, 03 Aug 2009 08:00:00 EST

Attorney Ronald E. Johnson of Schachter & Hendy concentrates on legal issues surrounding children's injuries.

A new study shows that regular practice of yoga can help prevent obesity by the use of mindful eating, according to Science Blog. Researchers at the Fred Hutchinson Cancer Research Center was a follow-up study to one done four years ago by Alan Kristal and others who found that regular yoga practice helps prevent weight gain in middle-age people and may help weight loss in those who are overweight, according to Science Blog.

In the new study, published in the Journal of the American Dietetic Association, researchers hypothesized that the use of mindfulness used in yoga practice affects eating behavior—they stop eating when they were full because they were more aware of their bodies, according to the article.

The researchers decided that yoga increases mindfulness in eating and this leads to less weight gain over time, and this was true even without the physical activity of yoga practice, said Science Blog.

These findings indicate that mindful eating empowers individuals to create a positive relationship between food and eating, and this works better than counting calories and dieting, according to Science Blog.

Patients having trouble with medical bills

rjohnson@pschachter.com; phendy@pschachter.com (News Author)9542 — Tue, 21 Jul 2009 08:00:00 EST

Attorney Ronald E. Johnson of Schachter & Hendy concentrates on legal issues surrounding children's injuries.

According to the Louisville Courier-Journal, thousands of patients are having problems with their medical bills because Norton, Louisville's largest health-care provider, severed relations with Anthem insurance coverage on July 1st.

The severed relationship resulted in more than 300,000 patients with Anthem or Blue Cross-Blue Shield paying higher out of network rates for procedures, according to the article.

The situation is particularly difficult for parents whose children need hospital care, according to the Courier-Journal article. Parents aren't sure if they should go ahead with health care or risk not being able to pay medical bills and filing bankruptcy, said the article.

The Courier-Journal article said that Norton and Anthem have had contract disputes which led to the break-up of their relationship.

Advisory panel recommends ban on pain relievers

rjohnson@pschachter.com; phendy@pschachter.com (News Author)9272 — Wed, 01 Jul 2009 08:00:00 EST

Attorney Ronald E. Johnson of Schachter & Hendy concentrates on legal issues surrounding pain medications.

The New York Times reports that a federal advisory panel approved recommending a ban on pain medications Percocet and Vicodin. According to the Times, this recommendation took place because of concerns about liver damage from products containing acetaminophen found in over-the-counter pain medications.

The federal advisory panel makes recommendations to the Federal Drug Administration (FDA). It is the place of the FDA then to implement such a ban if this recommendation is followed.

According to the article in the Times, Americans bought 28 billion doses of medications containing acetaminophen in 2005. This drug is sometimes combined with other narcotics in seven other prescription drugs and these also would be affected if the FDA implements a ban, according to the Times.

Research shows that even taking the recommended dosage of this drug for fever or headaches can result in liver damage in some people, according to the article. In addition to this, over 400 people die and 42,000 are hospitalized every year in the US because of overdoses, according to the Times.

FDA seeking input from public on tobacco use

rjohnson@pschachter.com; phendy@pschachter.com (News Author)9273 — Wed, 01 Jul 2009 08:00:00 EST

Attorney Ronald E. Johnson of Schachter & Hendy concentrates on legal issues surrounding children's injuries.

President Obama signed the recently approved legislation that allows the Federal Drug Administration (FDA) to regulate tobacco products. The FDA announced on July 1st that they are seeking input from the public to get their stories on smoking, tobacco products, and tobacco marketing. All these comments will be posted online at the FDA website.

The legislation was approved after Congress became concerned about the effect of tobacco marketing on children and adolescents. Smoking at a young age is a serious health issue for the U.S. Research says that every day 1,000 children under 18 will start smoking tobacco, according to data kept by the Center for Disease Control and Prevention (CDC). Children are also affected by second-hand smoke and this is also an area of concern from a public health perspective.

The American Association of Pediatricians (AAP) quotes a National Survey on Drug Use and Health indicates that 54% of American children have tried smoking by the 12th grade, and 24% are current smokers. Research also indicates that smoking at a young age leads to smoking into adulthood.

The American Association of Pediatricians (AAP) is concerned about the prevalence of smoking among young people. They said it contributes to poor grades in school, and can lead to other addictions. They want pediatricians to be on the alert for child and teen smoking and provide treatment.

Safety travel tips for parents

rjohnson@pschachter.com; phendy@pschachter.com (News Author)9274 — Wed, 01 Jul 2009 08:00:00 EST

Attorney Ronald E. Johnson of Schachter & Hendy concentrates on legal issues surrounding children's injuries.

Summer for families usually means some kind of travel to visit relatives to see new sights or take vacations. USA Safe Kids has some travel safety tips for parents when traveling with children.

When visiting relatives or friends, parents should make sure that they talk to their hosts before the trip to be sure that the house has child safety devices on things such as cabinet doors or outlet covers to prevent any injuries to young children.

If traveling by car, parents should make sure to bring the child's car seat or booster seat. Babies should always be kept facing the rear as long as the car seat fits them, usually by age 2 or 30 pounds. A forward-facing car seat protects older toddlers up to 40 pounds.

Safe Kids organizations hold child safety seat check-ups to make sure parents are properly using the correct size and have correctly installed it. Parents can find the nearest site by visiting the USA Safe Kids website at http://www.usa.safekids.org.

If the children will be riding bikes or skateboarding or rollerblading, parents should be sure to pack the appropriate helmets and other protective gear.

If staying in hotels, Safe Kids advises parents to bring their own folding baby crib or playpen. Research indicates that many hotel-owned cribs are defective, damaged, or recalled because of safety issues. If you must use a hotel crib, inspect it first to make sure it is not broken or missing parts.

Safety airline travel tips for parents

rjohnson@pschachter.com; phendy@pschachter.com (News Author)9271 — Wed, 01 Jul 2009 08:00:00 EST

Attorney Ronald E. Johnson of Schachter & Hendy concentrates on legal issues surrounding children's injuries.

Summertime is a good time for families to travel visiting friends and relatives or to go on a vacation. When traveling by air, USA Safe Kids and the Federal Aviation Association FAA have travel safety tips for parents to follow.

The U.S. Department of Transportation and FAA have some safety tips for parents to follow to make sure their flying experience is fun and safe. Parents should make sure to use an approved child restraint system (CRS). Since turbulence while flying is a common problem, the Federal Aviation Administration advises parents to keep their small children protected in the appropriate restraint for their age and size. These restraint systems are safer for a child than in a parent's arms.

Parents should check to make sure the child restraint system is approved by the federal government and is certified to be used in motor vehicles or on aircraft. If it is not approved, the airline may require you to put the CRS in the baggage section.

An approved CRS should measure no wider than 16 inches so that it fits in most airplane seats. Some airlines may give a discount of up to 50% for children less than two years old. When reserving your space be aware that the CRS will be placed in a window seat so it doesn't block the escape path in an emergency and request adjoining seats.

The FAA suggests asking the airline for assistance in making connecting flights, since it is difficult to move quickly through busy airports with children, luggage, and a CRS.

Links between race and low birth weights

rjohnson@pschachter.com; phendy@pschachter.com (News Author)9122 — Wed, 24 Jun 2009 08:00:00 EST

Attorney Ronald E. Johnson of Schachter & Hendy concentrates on legal issues surrounding children's birth injuries.

A recent article published in Injury Prevention found that low birth weight babies who were born to African American or Native American mothers were at a higher risk of serious problems.

The study analyzed infant birth and death data from the National Center for Health Statistics from 1989-1991 to look at any linkage between race and birth weight problems with babies.

The study found that very low birthweight babies were at an increased risk of both homicides and unintentional injuries within the first year of life. The research found that among 10.7 million births during 1989–91, 821 homicides and 2,397 unintentionaldeaths were reported in infants.

According to the article, mong the results they found was the fact that Mexican-American babies were at the lowest risk of homicides or unintentional injuries, but as the birth weight went down, the chances of homicides or unintentional injuries went up.

The article also states that relative to whites, African Americans were at highest risk for homicides and Native Americans at highest risk for unintentional injuries.

Researchers concluded the study in Injury Prevention by calling for more research and analysis of these risk factors and race effect. This new research could identify the risk factors with different race groups. This data might help researchers recommend prevention methods to help reduce the risk of homicides and unintentional injuries for low birth weight babies of many races.

Zicam Cold Remedy Causes Loss of Sense of Smell

rjohnson@pschachter.com; phendy@pschachter.com (News Author)9022 — Tue, 16 Jun 2009 08:00:00 EST

WASHINGTON (Dow Jones)--The U.S. Food and Drug Administration said Tuesday consumers need to stop using certain Zicam cold and allergy products because they can cause permanent loss of smell.

In a warning letter sent to Matrixx Initiatives Inc., Zicam's maker, the FDA said it "has concluded that these products may pose a serious risk to consumers who use them." The agency, which has recently stepped up its enforcement activities, said the products cannot be marketed unless Matrixx seeks FDA approval to sell the products.

Shares of Matrixx Initiatives Inc. (MTXX), maker of Zicam, dropped 68% to $6.26 in recent trading.

In a statement, Matrixx said it "believes the FDA action is unwarranted and is in the process of determining its response, which may include removing these products from the marketplace." However, the company said in a separate statement posted on Zicam's Web site that it would stop shipping the products and would reimbuse customers seeking a refund.

The company said it believes the affected products are safe and do not cause anosmia," or loss of smell. The Zicam intranasal products account for about 40% of the company's net sales, which totaled $111.63 million for the year that ended on March 31. Sales of over-the-counter cold and cough products total about $4 billion annually.

Zicam is sold over-the-counter, primarily as a cold and allergy remedy. The products are sold in various forms including intranasal products meant to be used in the nose.

The FDA said consumers should stop using the intranasal zinc-containing products, which are sold as Zicam Cold Remedy Nasal Gel and Zicam Cold Remedy Gel Swabs. The agency also said consumers should also stop using Zicam Cold Remedy Swabs, Kids Size, which the company is no longer selling. Agency officials said consumers could still have the children's-size product in their medicine cabinets.

The action doesn't affect other Zicam products, such as tablets, "rapid melts" and liquid forms.

FDA officials said they've received more than 130 reports from consumers about the loss of smell, but said they believe that Matrixx has received about 800 such reports, which have not all been reported to the agency. The FDA said the reports showed that many people who experienced a loss of smell said the condition occurred with the first dose while others reported a loss of the sense of smell after multiple uses of the products. The agency said the loss of smell can be long-lasting or permanent.

In 2006, Matrixx settled more than 300 lawsuits brought by consumers who alleged that Zicam zinc nasal gel damaged or destroyed their sense of smell.

Maxtrixx wasn't required to submit adverse events to the FDA until the end of 2007 when a law went into effect requiring over-the-counter supplement makers to report side effects to the FDA, an agency spokeswoman said.

More people are skipping medications because of cost

rjohnson@pschachter.com; phendy@pschachter.com (News Author)8911 — Sun, 07 Jun 2009 08:00:00 EST

Attorney Ronald E. Johnson of Schachter & Hendy concentrates on legal issues surrounding medical mistakes and health issues. A recent article in The New York Times reports that the economic downturn is affecting people's ability to pay for their medication.

The reporter interviewed several people to ask about their medication. Some people ask the pharmacist if they can just get a few pills at a time, depending on what they can afford. Others are asking which medications are more important and which they may have to do without. Sometimes these medications are for life-threatening conditions.

According to the New York Times, national surveys report that one third of the people questioned say they are not taking the required prescriptions because it costs too much.

Pharmacists say they have stopped making automatic refills for some customers because they realized they were not being picked up.

Unfortunately, some patients who can't afford to pick up their medications end up in hospital emergency rooms. One doctor, according to the New York Times, estimated that 80% of the patients he sees in a low-income clinic were not taking their prescription medicines. This situation is affecting all Americans, from people who are being laid off jobs and have no health insurance coverage, to working people who have health insurance but can't afford the co-payments on some medications.

Doctor investigated for Medtronic consultation

rjohnson@pschachter.com; phendy@pschachter.com (News Author)8656 — Tue, 19 May 2009 08:00:00 EST

    Attorney Ronald E. Johnson of Schachter & Hendy concentrates on legal issues surround defective products. A recent article in The New York Times says that a top US Senator is investigating a former Walter Reed Army Medical Center doctor who has been accused of falsifying a medical study involving a product made by Medtronic.

    The investigation led by Senator Charles E. Grassley of Iowa is questioning the connection between Dr. Timothy R. Kuklo, who worked as a consultant for Medtronic. In an earlier New York Times article, a British medical journal retracted an article by Dr. Kuklo after they found out he forged names of other doctors as co-authors.

    According to the New York Times, army investigators said that Dr. Kuklo’s article had overstated the benefits of a Medtronic bone-growth product, called Infuse. Infuse was used at Walter Reed to treat American soldiers who had suffered severe lower leg injuries in Iraq. Senator Grassley and the Justice Department are also investigating whether Medtronic illegally promoted uses of Infuse that were not approved by the Food and Drug Administration.

FDA recalls Biosite Triage Cardiac Panel

rjohnson@pschachter.com; phendy@pschachter.com (News Author)8657 — Tue, 19 May 2009 08:00:00 EST

    Attorney Ronald E. Johnson of Schachter & Hendy concentrates on legal issues regarding defective medical devices. The company Biosite and the Federal Drug Administration (FDA) , notified health care workers professionals of a recall of the Biosite brand Triage Cardiac Panel. This is a test used by health professionals as an aid in diagnosing heart attacks.

    The recall said the use of the defective devices may lead to false negative results with patients who have taken troponin 1 at very low levels, with CK-MB, and with myoglobin. This could result in missed or incorrect diagnosis. According to the recall, a false negative result could indicate that the person has not had a heart attack or heart muscle injury, when in fact they actually have.

    Lot #W44467B, shipped as 25 individually pouched devices per kit box, was distributed from January 24, 2009 through February 17, 2009. On April 27, 2009, the company sent an urgent recall notice to customers who were instructed to immediately discontinue all use of, and to discard, all affected products.

FDA discusses medical device controversies

rjohnson@pschachter.com; phendy@pschachter.com (News Author)8403 — Sat, 02 May 2009 08:00:00 EST

   Attorney Ronald E. Johnson of Schachter & Hendy concentrates on legal issues regarding defective medical devices.   A recent article in The New York Times said that the Food and Drug Administration held an internal meeting to discuss the many controversies about medical devices.

    The meeting addressed complaints by scientists who sent letters to President Obama about what they claim are illegal actions by FDA agency officials and their concerns about patients being at risk by medical devices that were approved for sale despite concerns from scientific reviewers.

    Congress has opened an investigation into the scientists' concerns. A report of the Government Accountability Office was critical of the medical device center. This week legislation was introduced to Congress asking the Institute of Medicine to investigate concerns about the device center.

    Among the devices the dissidents say the agency has approved inappropriately are imaging equipment used to detect breast cancer and an orthopedic knee device. The agency has also allowed hospitals to wash and reuse surgical devices intended for just one use, they said.

FDA says stop using Hydroxycut now

rjohnson@pschachter.com; phendy@pschachter.com (News Author)8404 — Sat, 02 May 2009 08:00:00 EST

    Attorney Ronald E. Johnson of Schachter & Hendy concentrates on legal issues regarding defective products. The Federal Food and Drug Administration announced that dieters and body builders should immediately stop using Hydroxycut, a drug that is linked to cases of serious liver damage and at least one death, according to an article in The New York Times.

    The FDA said Iovate Health Sciences, which makes the diet pills, said it agreed to the recall out of 'an abundance of caution.' The company is based in Canada and its U.S. distributor is headquartered near Buffalo, N.Y. Over nine million packages of 14 Hydroxycut products were sold in grocery stores and pharmacies last year.

    Hydroxycut products are dietary supplements that are marketed for weight-loss, as fat burners, as energy-enhancers, as low carb diet aids, and for water loss under the Iovate and MuscleTech brand names.

    There were 23 reports of liver problems, and a 19—year-old boy died of liver failure. Patients complained symptoms of jaundice and liver failure. Other health problems reported include seizures; cardiovascular disorders; and rhabdomyolysis, a type of muscle damage that can lead to other serious health problems such as kidney failure. One patient has received a transplant and another was placed on a list to wait for a new liver. All reported the symptoms happened after they started taking the drug.

    The FDA doesn't have the authority to approve the dietary supplements before they are sold, they only monitor reports of problems after people start taking them. The FDA advises people who are suffering any of these symptoms to immediately see a physician.

FDA recalls contaminated pistachios

rjohnson@pschachter.com; phendy@pschachter.com (News Author)8405 — Sat, 02 May 2009 08:00:00 EST

    Attorney Ronald E. Johnson of Schachter & Hendy concentrates on legal issues regarding defective The Federal Food and Drug Administration and the California Department of Public Health announced a recall of pistachios sold by Setton Pistachio of Terra Bella Inc, California, because of salmonella contamination.

    According to the FDA website the company is issuing a voluntary recall of approximately 1 million pounds of pistachios and all distribution has been dropped. The pistachios have been used in a variety of foods.

    The FDA first learned of the problem when it was informed by Kraft Foods that its Back To Nature Trail Mix was found to be contaminated with Salmonella. Kraft identified the source of the contamination to be pistachios from Setton and conducted a recall.

    The multiple strains of salmonella detected in the pistachios can cause serious and sometimes fatal infections in young children, frail or elderly people, and people with weakened immune systems, according to the FDA. Several illnesses have been reported by consumers that may be associated with the contaminated pistachios.    It is not yet known whether any of the Salmonella strains found in the pistachio products are linked to an outbreak. The FDA is conducting genetic testing of the samples to pursue all links.

    FDA will provide a searchable database of affected products at http://www.fda.gov/pistachios/ and will continue to update the public.
In the interest of providing more information to consumers, FDA included a pathway on its Web site (http://www.fda.gov/pistachios/default.htm)
to an industry Web site listing pistachio products that firms have stated were not from Setton Pistachio of Terra Bella Inc. The Web site offers another tool to help consumers determine if pistachios and pistachio products they have at home are from Setton Pistachio. And, in a recent letter to pistachio processors, the FDA reminded processors of their legal responsibility to ensure that the products they are providing are safe for consumers.

FDA warns of contaminated products

rjohnson@pschachter.com; phendy@pschachter.com (News Author)8406 — Sat, 02 May 2009 08:00:00 EST

    Attorney Ronald E. Johnson of Schachter & Hendy concentrates on legal issues regarding defective products.   The Food and Drug Administration announced a recall on Uncle Chen and Lian How brand sauces, oils, and oil blends, and dry spices, because of a possible salmonella contamination.

    So far, 57 cases of illness caused by Salmonella Rissen have been reported, mostly in the western region of the country. The contaminated products were recalled by Union International Food Company of Union City, CA. The sauces, oils, and oil blends being recalled were distributed by the Uncle Chen and Lian How brands to retailers and wholesale distributors and restaurants in Arizona, California, Nevada, Oregon, South Carolina, Texas, Utah, Washington and Wisconsin. The products were sold in containers ranging from 6 ounces to 1 gallon in plastic or glass bottles and are used, for example, as spices and seasonings for cooking and as table top meal seasonings.

    The company has stopped the production and distribution of these products as the FDA, the California Department of Public Health, and Union International Food Co. continue their investigations.

    A complete list of all of the products recalled by Union International Food Co. is available at: http://www.fda.gov/oc/po/firmrecalls/unioninternational_list3.html

llegal drugs sold over the internet

rjohnson@pschachter.com; phendy@pschachter.com (News Author)8192 — Fri, 01 May 2009 08:00:00 EST

Attorney Ronald E. Johnson of Schachter & Hendy concentrates on legal issues regarding medical issues. A recent story in the Louisville Courier-Journal documents a Louisville doctor who pleaded guilty to illegally selling $15 million in prescription drugs over the internet.

According to the article, Dr. Tufan Senler operated Weight Loss Plus, a Louisville clinic, and a website called dietprescriptions.com. The maximum penalties are 21 years in prison and more than $6.7 million in fines. Senler pleaded guilty to dispensing and distributing controlled substances, exporting controlled substances to foreign countries without a license, money laundering and mislabeling drugs. The offenses occurred between 2002 and 2005, and the Kentucky Board of Medical Licensure restricted him from practice in 2007.

Medical licensure board records say that Senler dispensed $20 million worth of controlled substances over a 3½-year period in 98,395 transactions.

Northern KY Birth Injury

rjohnson@pschachter.com; phendy@pschachter.com (News Author)7581 — Mon, 02 Mar 2009 08:00:00 EST

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