Attorney Blog

4 Injured in Multiple-Car Louisville, KY Auto Accident

Fri, 27 Jan 2012 08:00:00 EST

On the first Saturday of the New Year, four people were injured and taken to the hospital after a Louisville car crash occurred. Authorities stated that three cars were involved in this wreck that took place in the 6000 block of West Pages Lane in Pleasure Ridge Park.

This Louisville, KY accident happened just after 2:00 PM on Saturday, January 7th, 2012, when a Chevy sedan ran a stop sign on Devonshire Drive. Police said that the Chevy was hit by a GMC Sierra pickup truck. The impact of the collision forced the Chevy into a yard and caused it to hit a parked car that was in the driveway. Authorities said that the crash almost hit the home nearby.

Three people traveling in the Chevy and one person in the pickup truck were taken to University Hospital for medical care. According to police, two of the people were reported to be in serious condition.

Neighbors in the area where the accident occurred have witnessed other dangerous accidents that have taken place at the same intersection. In fact, some have been planning on contacting city government officials about that dangerous intersection.

One man told reporters that the area is not safe, and that he has to keep his eyes peeled when he is cutting grass. Some of the neighbors also informed reporters that speed seems to be an issue around that area.

Just last year, a 77-year-old man died at the same intersection after he ran the stop sign and crashed into another car.

The attorneys of Schachter, Hendy, & Johnson would like to remind motorists to obey all traffic signs in order to minimize Northern Kentucky crashes. We would also like to wish all those involved in this multiple auto accident a full recovery from their injuries.

A Doctor's Role in Preventing Kentucky Neonatal Infections at Birth

Thu, 26 Jan 2012 08:00:00 EST

Babies who enter this world are undergoing rapid development, which includes physical growth, respiratory development, and learning how to see and eat, among other things. When an infant suffers a neonatal infection in Kentucky, it can cause serious problems with their organs and bodies if the infection isn’t treated in a timely manner.

Because a baby’s immune system is fragile upon entering this world, an infection left untreated can spread and cause very serious consequences, including development of a disease that could lead to death.

So, how can neonatal infections be prevented?

When bacterium or a virus is found in a pregnant woman, a doctor should take preventative measures to decrease the risk of her passing it on to her infant during childbirth. This means that doctors need to test pregnant women to determine if they need to perform treatment to prevent a Northern Kentucky birth injury from occurring.

Testing can be done through a simple swab test or by a blood or fluid test. Once determined, the pregnant mother can be given antibiotics to prevent the transferring of bacterium to her newborn. This is why maternal testing is extremely critical to the safety of an infant, and it should be a routine procedure.

If a doctor failed to perform the necessary testing, and an infant is injured at birth due to the doctor’s negligence, then the mother of the child may be able to pursue compensation for medical malpractice that led to her baby’s Kentucky birth injury.

If your child suffered a Northern Kentucky birth injury, please call the law office of Schachter, Hendy & Johnson to find out more about your rights in a free consultation with one of our caring Northern Kentucky birth injury attorneys at (859) 578-4444 or (888) 606-5297.

Winter Weather Leads to Several Northern Kentucky Pileup Crashes

Tue, 17 Jan 2012 08:00:00 EST

The start of the new year brought an unexpected snow storm to Kentucky that caused serious auto accidents across the state. According to Kentucky State Police, traffic on Interstate 75 was choked up due to a massive pileup.

Snow left motorists sliding through the streets and into other cars, causing a pileup on southbound I-75 in Grant County. WLEX-TV, Lexington reported that about 30-35 vehicles were involved in this pileup. Police indicated that this wreck was actually three separate crashes involving around 30 vehicles. They also said injuries were sustained in these Northern Kentucky crashes, but they were not able to comment on how serious the injuries were.

The Kentucky State Police had to close a portion of I-75 in Grant County from around 11:00 AM until approximately 3:00 in the afternoon.

A second pileup in Kentucky occurred on Interstate 75, just south of the weigh station near the Walton exit. This chain reaction crash involved over 24 cars and also occurred due to snow and slick spots on the roadway.

Only minor injuries were reported in the second pileup.

An additional pileup happened in southern Kenton County involving 41 vehicles. Tow trucks had to remove 23 of those cars, and eight people were injured in this pileup. Six of them were transported to area hospitals for medical care.

Officials have not ruled on what officially caused these Kentucky pileup crashes, as they are still investigating the accidents at this time; however, winter weather is suspected.

The attorneys of Schachter, Hendy, & Johnson would like to remind motorists to use caution when driving on slick roads. We would also like to wish all those injured in the recent pileup accidents a full recovery from their injuries.

Story Avenue Ramp Closed Due to Increase in Kentucky Auto Accidents

Mon, 16 Jan 2012 08:00:00 EST

On Monday, January 9th, 2012, the Kentucky Transportation Cabinet will shut down the ramp from Story Avenue to Interstate 64. The news release indicated that this temporary closure will help decrease the high number of crashes at this interchange following the closure of the Sherman Minton Bridge.

Since September 9th, 2011, the Sherman Minton Bridge has been closed. As a result, 11 Northern Kentucky auto accidents have taken place at the Story Avenue ramp.

After discovering the high accident rates in this location, crews closed the exit ramp from westbound I-64 to I-65 and installed a stop sign for traffic entering I-64 from Story Avenue. However, Matt Bullock, chief district engineer for the Kentucky Department of Highways Louisville District said they “have observed a disregard for the traffic control devices at the Story Avenue ramp resulting in an increase in crashes.”

In previous years, only two crashes occurred at this site. Because of the increase in Kentucky accidents at the Story Avenue ramp since the Sherman Minton Bridge closure, officials have decided to close the ramp completely until the Sherman Minton Bridge reopens.

The attorneys of Schachter, Hendy, & Johnson would like to wish everyone involved in these Northern Kentucky crashes a full recovery and would like to remind drivers to pay attention to traffic signs in order to minimize accidents.

Spike in Northern Kentucky Pedestrian Accidents

Thu, 05 Jan 2012 08:00:00 EST

In late November, a tragic pedestrian accident in Louisville, KY occurred in the Auburndale area when a woman was hit by a motorcycle and died as a result of her injuries. According to Louisville Metro Police, the fatal accident took place on Third Street Road and New Cut Road.

Crash scene investigators indicated that the male motorcycle driver was traveling south on New Cut Road when he hit a female pedestrian while he was attempting to turn onto Third Street Road.

The injured pedestrian was transported to University Hospital, but sadly she was pronounced dead upon arrival. She has been identified as 66-year-old Tahira Alic.

After LMPD investigated this fatal accident, they indicated that they believe the woman was not paying attention and is to blame for the wreck. They are not expected to file charges against the motorcyclist at this time.

Prior to this pedestrian accident, another female pedestrian was hit at National Turnpike and the Outer Loop. The woman was in critical condition following this Kentucky pedestrian accident; however, police do not believe the driver was at fault for hitting the pedestrian.

LMPD said that there have been over 400 pedestrian accidents this year alone, which include 15 deaths. Surprisingly, about 30% are caused by pedestrians themselves.

The attorneys at Schachter, Hendy, & Johnson would like to wish all the victims involved in Northern Kentucky pedestrian accidents this year a full recovery, and we would like to extend our condolences to the family and friends of Tahira Alic during this difficult time.

Motorcyclist Seriously Injured by Drunk Driver in Louisville Accident

Wed, 04 Jan 2012 08:00:00 EST

On December 12th, 2011, a serious Louisville car and motorcycle accident occurred around 7:00 on Monday night. According to Louisville Metro Police, the crash occurred at the corner of Popular Level Road and Naomi Drive.

A motorcyclist was traveling northbound on Popular Level Road, when a driver of a 1993 Mercury Grand Marquis rammed into the back of the motorcycle. According to the police report, 30-year-old Deon L. Eiland, the driver of the Mercury, was found to be “at fault” in the accident.

When police officers arrived on the accident scene, they noticed Eiland smelled of alcohol and was slurring his speech. They also indicated in their report that he had red, bloodshot eyes and was unstable on his feet. Officers also noted in the report that they couldn’t perform a sobriety test on Eiland because he was aggressive and “physically abusive.”

Eiland was taken to Louisville Metro Corrections and also refused to take a blood alcohol test. Police obtained a search warrant in order for them to take blood samples. The Kentucky State Police lab ran these samples.

Police arrested Eiland and charged him with wanton endangerment, first-degree assault, and operating a motor vehicle under the influence of alcohol.

The injured motorcyclist was transported to University Hospital for medical care. It was reported that he sustained critical injuries, including multiple internal injuries and an open skull fracture. Police stated that “he was intubated and on life support.”

As this motorcyclist is clinging to life, the attorneys of Schachter, Hendy, & Johnson would like to extend our thoughts and well wishes to him and to his family during this difficult time. We also would like to remind drivers to never get behind the wheel while intoxicated.

Black Ice Led to Multiple Louisville Auto Accidents

Tue, 03 Jan 2012 08:00:00 EST

Thursday, December 8th, 2011, proved to be a hazardous commute for Louisville drivers. Black ice coated the roadways making the roads slippery, and it caused traffic to back up and many accidents in Metro Louisville to occur.

It was the first ice to coat the roadways in Louisville this winter season, and it was a surprise for many unprepared drivers and those unaware of the hidden dangers of black ice. No one was expecting the roadways to be covered in black ice this early in the season.

Interstate 64 eastbound was closed for a short time period due to multiple crashes that occurred within minutes of each other. Four crashes were caused due to the black ice on I-64, backing up traffic for miles.

Tim Emington, TRIMARC Operations Manager, said that there had been over 20 crashes in Louisville by 8:30 AM. TRIMARC keeps tabs on the roadways, and they have many cameras and sensors to help notify drivers of potential dangers. They deployed salt trucks and emergency crews following wreck after wreck that morning.

Emington wants to remind drivers to “be cognizant that moisture can form on the roadways and that moisture can turn to ice very, very rapidly and become extremely hazardous conditions.”

The attorneys with Schachter, Hendy, & Johnson would like to remind drivers to slow down and be cautious of road conditions this winter in order to minimize potential Louisville auto accidents. We would also like to wish everyone involved in these recent accidents a fast and full recovery.

Should a Kentucky Doctor Be Able to Detect Neonatal E. Coli Earlier?

Mon, 02 Jan 2012 08:00:00 EST

Everyone has heard of E. coli. There have been many E. coli outbreaks due to tainted beef, spinach, and other foods we consume. Most people are aware that E. coli can cause food poisoning, but many do not know that E. coli can be passed on to unborn babies, causing serious birth injuries in Northern Kentucky.

Although E. coli is a tiny bacteria, it can cause major illness and even death in some cases. Certain strains of E. coli are toxic and can produce uncomfortable symptoms, such as:

Fatigue
Severe stomach pain and cramping
Vomiting
Diarrhea/ Bloody feces
Low-grade fever

If a pregnant woman has E. coli, doctors should take preventive measures to decrease the chance that it will be passed onto the baby. Most of the time, this type of infection can be treated with medicine and antibiotics. This is why maternal testing is critical to the health of the expectant mother as well as the unborn baby.

If the baby is born with neonatal E. coli, it can cause meningitis. The newborn will typically display signs of fussiness, listlessness, fever, rashes, breathing problems, and lack of interest in feeding. If doctors suspect the infant has an infection, then they should perform a spinal tap or other tests on the newborn to be certain.

An infant with an infection should be treated properly and should spend a lengthy time in the hospital receiving the best medical care. When this is not done or a doctor has not caught the infection in a timely manner, medical malpractice may be to blame.

If your child suffered a Northern Kentucky birth injury, please call the law office of Schachter, Hendy & Johnson to find out how to seek justice. You can speak with one of our knowledgeable and caring Northern Kentucky birth injury attorneys in a free consultation at (859) 578-4444 or (888) 606-5297 today.

I-Flow pain pump maker sues doctor for using product

Mon, 19 Dec 2011 08:00:00 EST

In a very surprising turn of events I-Flow, the manufacturer of pain pumps that have been implicated in causing severe cartilage damage to patients who used the devices for pain relief following joint surgery, has sued one of the doctors that used its product. In a case filed in Kentucky, I-Flow filed a third party lawsuit against Dr. Bruce Holladay for using the pump to infuse local anesthetic into the joint space of a patient, alleging that such a use was off label and not approved by the FDA. I-Flow marketed and promoted the pump to be used in joint space followingn surgery since 1999 despite the fact that the FDA repeatedly refused to approve such a use because of the absence of any data to show that it was safe. In October of 2006, I-Flow added a warning to its label for the pain pump recommending that it not be used in the joint because of the risk of cartilage damage. I-Flow withheld this information from the medical community from October 2006 until August of 2007. During this time, Dr. Holladay used the pump in several surgeries in the joint space without any knowledge that the warning had been added to the label. It is shocking that I-Flow would make this important change to its warnings about a medical device, not tell the doctors about the change, and then sue a doctor who used the product in this manner. This case is set for trial on March 20, 2012 in front of Judge Bartlett in Kenton County Circuit Court. Plaintiffs are represented by attorney Ron Johnson.

Shoulder Weakness from Kentucky Brachial Plexus Birth Injuries

Mon, 19 Dec 2011 08:00:00 EST

The most common cause of a brachial plexus injury is when a birthing emergency called Shoulder Dystocia takes place. This generally occurs when a doctor assists with the birth by using too much force on the infant’s neck and head, resulting in pulling the nerves out of the brachial plexus.

This injury to the brachial plexus results in muscle damage to the upper extremities, usually resulting in motor weakness of shoulder rotation. There are both internal and external rotation deformities of the joint that have occurred due to the childbirth injury.

Treatments for Childbirth Brachial Plexus Injuries

Some children can benefit from physical therapy. Keeping a child’s joints mobile can prevent stiffness of the shoulder and help allow the damaged nerves to heal properly. However, nerves in children who are badly injured typically cannot heal on their own and often require surgery to repair the weak shoulder.

Because of advancements in surgery over the last several years, restoration of balance between external and internal rotation forces around the shoulder have greatly benefited children who suffered from this childbirth injury. Although arthroscopic surgery is often performed on the child, it has proven to be effective for many children with this type of injury.

Surgery to reconstruct the brachial plexus is generally performed by nine months of age, and additional surgeries to repair damaged nerves can be done up to age one. Treatments may be different depending upon the severity of the Northern Kentucky birth injury and can include:

Nerve transfer
Nerve graft repair
Tendon transfer
Osteotomy

If your child suffered a brachial plexus injury in Northern Kentucky, please call the law office of Schachter, Hendy & Johnson to find out more about your rights to recovery. Our caring Northern Kentucky birth injury attorneys believe your family deserves to be compensated fairly for the resulting damages and can be contacted at (859) 578-4444 or (888) 606-5297 for a free legal consultation.

Louisville Pedestrian Accident Leaves Victim in Critical Condition

Wed, 07 Dec 2011 08:00:00 EST

On November 28, 2011, a female pedestrian was struck by a car in Fairdale early Monday morning, around 6am. According to Alicia Smiley, Louisville Metro Police Department spokeswoman, the pedestrian is in critical condition at University Hospital.

The pedestrian was struck by a pickup truck at the intersection of National Turnpike and Outer Loop. She was hit while she was crossing the street by a car just before dawn. Police did not give out the name of the victim following the crash, but they did indicate that this Louisville pedestrian accident injured a woman in her 20s.

The crash was a result of a drunken driver at the wheel. Smiley said that 32-year-old Heidi Diaz has been charged with driving while intoxicated, possessing an open alcoholic beverage in the vehicle, and driving without a license. Police are still investigating if Diaz ignored the traffic light. Diaz has been arrested and faces charges related to this crash.

The pedestrian was taken to U of L and was last listed in critical condition.

The attorneys at Schachter, Hendy, & Johnson would like to wish the victim a full and speedy recovery and wishes her family and friends strength during this difficult time.

Thanksgiving Day Crash in Mercer County Claims Life of Harrodsburg Man

Mon, 05 Dec 2011 08:00:00 EST

On Thanksgiving Day 2011, one family’s life was forever changed when they lost their father in a fatal Mercer County car crash. According to the Kentucky State Police, the crash happened at U.S. 127 and U.S. 68 in Harrodsburg, KY.

The Thursday afternoon wreck claimed the life of 26-year-old Jose Fernando Navarro Menza. Menza died of his injuries later at Lexington’s University of Kentucky Chandler Hospital around 4:25 p.m.

Menza, of Harrodsburg, was traveling in his 2000 Dodge Neon with his three children and Elena Francisco-Pascual, 21, of Harrodsburg. The Neon was struck by a 1998 Jeep Grand Cherokee driven by 44-year-old Michele Strunk, of Harrodsburg.

Police indicated that Strunk ran a red light and collided into Menza’s vehicle at the driver’s side door. This fatal Thanksgiving Day crash also caused injuries to Menza’s three children and his wife. The children are expected to survive, but Menza’s wife is still in critical condition.

Strunk was also taken to the Lexington hospital for medical care and is also in critical condition.

Police are still investigating this crash and have not pressed charges in this wreck at this time.

The attorneys at Schachter, Hendy, & Johnson would like to wish the family and friends of Jose Fernando Navarro Menza our deepest condolences, and we wish the rest of those injured in this crash a full recovery.

Instant noodle soup cups tip over causing severe burns

Mon, 05 Dec 2011 08:00:00 EST

Burn units across the country are reporting that every week children are suffering severe burns from cups of instant noodle soup. Most burn units are reporting that they see several of these types of injuries every week.

Dr. David Greenhalgh, Chief of Burns at Shriner's Hospital for Children in Northern California, found that the danger from these soups is directly related to the design of the cup. Many of the cups are tall, lightweight and have an unstable base. This design was three times more likely to tip over and spill hot liquid and noodles than short cups with a wide stable base.

The noodle soup delivers particularly serious burns. The sticky noodles cling to the skin causing a more serious burn than hot liquid alone. Dr. Warren Garner, director fo the burn unit at University of Southern California's County Hospital in Los Angeles, reports that one in five children that he sees with burns from instant noodle soup end up needing surgery and face the prospect of permanent scarring.

Design of instant soup cups linked to severe burns

Mon, 05 Dec 2011 08:00:00 EST

A recent NPR article highlighted the risk of severe burns from instant noodle soup cups. Burn units across the country treat multiple patients each week for severe burns after the instant soup cups tip over spilling hot liquid and noodles on them. Most of the patients injured in these cases are young children. It is estimated that in one out of every five cases, the patient eventually needs surgery to treat the burns. Burn doctors have published several articles in medical journals regarding the significant risks posed by this particular product.

The instant soup cups are uniquely troublesome in causing burns as a result of their design. Most instant soup cups are tall, narrow and light-weight making them unstable. As a result, the cups are at least three times more likely to spill than shorter cups with a wider base. A study published in 2006 found that these kinds of spills could easily be prevented by simply modifying the design of the soup cups.

If you or someone you know has been burned after an instant soup cup spilled on you, contact one of our experienced attorneys at the law office of Schachter, Hendy & Johnson at (888) 606-5297 or (859) 578-4444.

Can Improper Prenatal Monitoring Lead to a Birth Injury in Kentucky?

Sat, 03 Dec 2011 08:00:00 EST

There are many factors that can cause women to have complications during pregnancy or during childbirth. Some women are more prone to high-risk pregnancies than other, as there may be health situations or other factors that could cause a pregnant woman's unborn child to be at risk of developing birth injuries in Northern Kentucky.

Some factors that play a role include:

Women over age 35
Teenage pregnancies
Prior pregnancies with baby irregularities
Women who have had more than five children
Family history of birth defects
Bleeding during the last three months of the pregnancy
Women weighing less than 100 pounds prior to pregnancy
Women who are under five feet tall
Women gaining too much weight during pregnancy
Women who have heart conditions or other serious diseases in vital organs
Women who have a serious respiratory or autoimmune illness
Women who are anemic
Women with regular or gestational diabetes

Even women who have had previous kidney infections, vaginal or cervical infections, herpes, tuberculosis, cancer, irregularities with their uterus or reproductive tract, high blood pressure in past pregnancies, and women who have Rh-negative blood and an unborn baby with Rh-positive blood are at high risk.

When expectant mothers and unborn babies are not monitored closely or tested during the pregnancy by their doctors, pregnant women can become at higher risk for complications and birth injuries in Kentucky and throughout this nation. When this occurs, women have a legal claim for financial compensation for such injuries due to improper prenatal monitoring.

If a doctor failed to notice that a pregnant woman was at a higher risk for complications to herself and her unborn infant, he should be held liable for his negligent actions. Please call a knowledgeable Northern Kentucky birth injury attorney at the law office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297 to find out if you have a case and receive a free consultation today.

Northern Kentucky Crash Caused by Drunk Driver Claims One Life and Injures Another

Fri, 02 Dec 2011 08:00:00 EST

On Saturday, November 19, 2011, a tragic Northern Kentucky crash occurred, killing one person and leaving another injured. According to authorities, the wreck was caused due to a drunk driver.

The crash happened around 11:30 p.m. on SR 111, just south of Budd Road. The Floyd County Sheriff's Department received the call and arrived on scene to investigate the accident. They found that 31-year-old Wesley Bradshaw, of Danville, was driving a gold Toyota when it crossed the center line of SR 111. The Toyota slammed into a 2003 Infiniti, seriously injuring the driver, 52-year-old Kevin Hammersmith, who later died of his injuries. A passenger in this same car was also injured and transported to Floyd Memorial Hospital for medical treatment.

Bradshaw refused medical treatment at the scene of the crash. The investigation did determine that Bradshaw was operating his vehicle while intoxicated. Because of this OWI causing death, he was taken to Floyd County Jail.

Kevin Hammersmith was a Duke Energy Manager in Indiana and leaves a family behind.

The attorneys at Schachter, Hendy, & Johnson would like to wish the family and friends of Kevin Hammersmith our deepest condolences and would like to send out well wishes for his passenger to make a full recovery.

Kentucky Bus Crash Sends 16 Students to Hospital

Thu, 01 Dec 2011 08:00:00 EST

On Thursday, October 3, 2011, a bus crash in Kentucky near Louisville occurred, causing injuries to several students from a private school. According to officials, the bus was transporting students on a field trip when it ran off Interstate 65 southbound, overturning the bus as it was tumbling down an embankment.

This Kentucky crash happened around 8:46 in the morning. The bus driver told police that the bus was hit by a tractor-trailer that was passing, but police did not find evidence of this. Several hours after the crash, police determined that the bus driver lost control and veered off the interstate while a tractor-trailer passed it.

Police said that 19 people were sent to an area hospital in Glasgow, Kentucky. Injuries included cuts, bruises, and broken bones. Later on, three children and one adult were taken to a hospital in Louisville for non-life threatening injuries.

The bus was in route to Mammoth Cave National Park, and the accident happened approximately one mile north of Cave City. The bus was carrying 16 fourth graders, the bus driver, and two teachers from the Louisville Collegiate School.

Police are still investigating this crash, and no charges have been made at this time.

The attorneys at Schachter, Hendy, & Johnson would like to wish all involved in this Kentucky bus crash a full and speedy recovery.

Synthetic Marijuana K2 Spice linked to death in Indiana

Tue, 29 Nov 2011 08:00:00 EST

The Marion County coroner's office is investigating the death of an Indianapolis man. Coroners say signs may point to a link with the legal substance, "Spice."

"Spice" or "K2" as it is known, is a legal substance currently sold in many head shops around central Indiana. It's an herb laced with chemicals many say has the same effect as marijuana. Experts have long been concerned about the substance. In fact, it's illegal in many countries and some states.

The Marion County coroner's office is investigating whether or not it contributed to a 28 year-old man's death. The coroner's office tells Fox59 News it is still far too early to say for sure if his death is directly linked to K2.

In a statement, the coroner's office said in part:

"Given that it was reported that the decedent may have used an unknown substance call "K 12 spice", a synthetic drug being used by some smokers as a legal substitute to marijuana, we will review the toxicology results to determine what chemicals are involved. We know that there are current studies being done to determine the effects of this substance. We will follow this case closely and watch for other related types of unexpected deaths."

K2 Spice linked to death and neurologic injury

Tue, 29 Nov 2011 08:00:00 EST

Recently, a blogger who is a PhD pharmacologist wrote an interesting piece about the potential link between a few recent deaths and the synthetic marijuana product known as K2 Spice. This is a very disturbing development because, if true, this could lead to an epidemic of deaths in the United States due to the popularity of this legal product. Our firm has decided to investigate all cases in which a death or serious injury occurred after a person used K2 Spice or another brand of synthetic marijuana. If anyone has a relative or friend who has suffered such an injury, please contact our firm immediately.

Kimberly Clark subsidiary I-Flow sues doctor for using its pain pump product

Tue, 29 Nov 2011 08:00:00 EST

In an unprecedented move, I-Flow, LLC, a subsidiary of the Kimberly Clark corporation, filed a cross claim against a doctor for using its medical device in the way that it instructed all doctors to use it. The orthopaedic surgeon was strong-armed into using the product by I-Flow who discovered that he was using a competitor product at St. Elizabeth hospital in northern Kentucky. The hospital was a party to a buyer's group agreement that included the I-Flow product. When I-Flow discovered that doctors were using a different type of pain pump at the hospital it sought to enforce the terms of the buying agreement and force the hospital to only supply the physicians with I-Flow products. In an attempt to appease I-Flow, the hospital and the doctors agreed to a trial run where they would use I-Flow pain pumps in comparison to the competitor product. Dr. Holladay only used the I-Flow pumps in 4 surgeries in April of 2007. What he did not know is that I-Flow had changed the label of their pain pump to warn against using it in joint surgery because there was a risk that such use could destroy all cartilage in the joint. I-Flow changed this warning in October of 2006, but did not alert its sales force or any physicians until August 2007. By that time, the surgeons at St. Elizabeth hospital had already used the pumps in joint surgeries. At least two of those patients did go on to develop severe cartilage loss in their shoulder joint. One such patient, Lucas Frietsch, filed a lawsuit against I-Flow and Dr. Holladay for his injuries. When the proof in the case made it clear that I-Flow concealed the new information about the possibility of cartilage loss from the doctors, Lucas and his lawyers realized that Dr. Holladay was not negligent and as much of a victime of I-Flow's wrongdoing. They promptly dropped Dr. Holladay from the lawsuit. But, I-Flow was determined to blame the doctor for the injury to Luke's shoulder. I-Flow hired an orthopaedic surgeon from Dallas Texas named Wayne Burkhead to testify that Dr. Holladay was negligent because he used the pain pump in a shoulder surgery and filled the reservoir of the pump to its capacity of 270 milliliters. Dr. Burkhead opined that such acts were negligent despite the fact that I-Flow issued catheter placement guides that instructed physicians to use the pump in the shoulder joint, and provided the physicians with studies where 270 milliliters of the drug were used. I-Flow's lawsuit against Dr. Holladay is the first time that the pain pump manufacturers have stooped to suing the doctors who they decieved. The pain pump was never FDA approved for use in the human joint space, yet I-Flow concealed this fact from the doctors. To turn around and sue the doctor for using the pump in the way that it instructed him to is really beyond belief.

Skechers could pay Millions for toning shoe lawsuits

Wed, 16 Nov 2011 08:00:00 EST

The New York Daily News is reporting that Skechers could face penalties in the millions of dollars just as Reebok did for making false claims about the benefits of toning shoes. Reebok ultimately paid 25 million dollars to settle claims made by the Federal Trade Commission. Skechers could have to pay even more.

Young Teen Fails to Wear Seatbelt and Dies in Louisville Crash

Tue, 08 Nov 2011 08:00:00 EST

Recently, a young teenager was killed in a Louisville, KY car crash because she was not wearing her seatbelt. According to police, 14-year-old McKayla Sallee died at the accident scene as a result of failing to wear her seatbelt.

Sallee was the passenger of a 17-year-old teenage driver. According to authorities, Megan Salle, the teen driver, lost control of her vehicle and overcorrected, causing the car to flip over multiple times.

This Northern Kentucky auto accident indicates that parents need to continue talking to their teen drivers about seatbelt safety and driving safety in order to save lives. Some seatbelt statistics prepared by the James Madison University's Comprehensive Safety Plan indicates the following:

Car accidents are the leading cause of death for people under age 44.
One out of every five drivers will be involved in a crash this year.
About 90 percent of people think seatbelts are a good idea, but less than 14 percent use them.
Approximately 35,000 motorists die each year in crashes, and about half of them could have been saved if they had worn a seatbelt.
People are 25 times more likely to die when they are ejected from their vehicles than when they remain fastened in their cars.
Children in motor vehicle accidents are often crushed to death by adults not wearing seatbelts.
Out of 100 children who die in car accidents, 80 most likely would have survived if they were properly secured in child safety seats or seatbelts.
One out of four serious injuries in auto accidents is caused from occupants being thrown into each other due to a failure of seatbelts.

Schachter, Hendy, & Johnson is saddened to hear of this teenage fatality, and we wish the victim's family and friends our condolences during this time.

Family of Six Walks Away From Lebanon Tanker Truck Crash

Tue, 08 Nov 2011 08:00:00 EST

On Saturday, October 29, 2011, a family of six was traveling in a minivan to Lebanon from I-71 and was involved in an Ohio truck crash that shut down SR 123. According to officials, the accident occurred around 12:30 p.m. on Saturday near the intersection of state Route 123 and Redbird Road.

Ohio State Highway Patrol said that the tanker truck was traveling south on SR 123 toward I-71 when the driver traveled off the road and attempted to over-correct, causing the truck to overturn. However, the family in the minivan saw the semi truck round the corner at too high a speed and veer over the line. The family then witnessed the semi truck tip over and skid down the road toward their car. Brandon McLaren, the driver of the minivan, slammed on his brakes but could not come to a complete stop before the semi collided into their vehicle.

The minivan was hit by a propane tanker, but fortunately the truck separated from the tanker. The tanker hit the minivan, but did not puncture during the crash. The McLaren family inside the minivan was able to escape this devastating crash. The mother, father, and four children were taken to Arrow Springs Hospital for medical evaluation, and three of the children reportedly suffered minor scrapes and bumps.

The family is amazed that they were able to walk away from such a violent and horrific accident, especially after seeing the damage their vehicle sustained.

The truck driver was not injured in this crash.

Our Ohio accident attorneys at Schachter, Hendy, & Johnson are glad to hear of a happy ending to what could have resulted in a tragic situation.

Toddler Suffers Fatal Traumatic Brain Injury in Lincoln, KY Crash

Mon, 07 Nov 2011 08:00:00 EST

On Monday, October 17, 2011, a toddler was injured when two vehicles collided in a Lincoln crash. According to authorities, 20-month-old Khiana Dowell was in a car that was hit from behind.

Dowell, a Lincoln County toddler, suffered a traumatic brain injury in this Kentucky crash. She was taken to University of Kentucky Chandler Hospital in Lexington, but later died. The accident occurred around 5:30 p.m. on Monday, and the toddler succumbed to her injuries on Wednesday around 9 a.m.

According to the Kentucky State Police, Khiana Dowell was one of four occupants that were riding in a Saturn that was rear-ended by a 2008 Kia SUV. All four people were injured in this accident that took place at U.S. 27 and Shake Rage Road, south of Standford.

There was another young child in the car, 6-month-old Cameron Dowell. He was listed in fair condition, and authorities indicated that both children were traveling in child safety seats at the time of the collision. Kacey and Brandon Dowell, the children's mother and father, were also injured and taken to UK hospital. The father was treated and released, and there is no word about the mother's condition at this time.

The two occupants in the Kia were not injured, and no charges have been made at this time, as police are still investigating this fatal crash.

Our Lexington accident attorneys at Schachter, Hendy, & Johnson are saddened to hear of this fatal car wreck claiming the life of such a young victim, and we send our deepest condolences to the family and friends of little Khiana Dowell. We also wish for a complete recovery for the rest of the family injured in this crash.

Are Larger Infants More Susceptible to Birth Injuries in Kentucky?

Mon, 07 Nov 2011 08:00:00 EST

Babies that weigh more than 4500 grams (9 pounds, 15 ounces) are considered larger infants, and are more susceptible to birth injuries in Kentucky and throughout this nation. Sadly, higher rates for birth injuries have been reported, as there are more risk factors for large-for-date infants.

Although a larger baby is more susceptible to have a birth injury, premature infants and babies who are not in the correct position during childbirth (breech delivery) are also babies that have high risk factors for sustaining a birth injury in Kentucky.

When an expectant mother is allowed to labor for too long or if a woman has an unusually shaped pelvic bone or a small pelvic area, it can be harder for her to deliver a larger baby through a vaginal birth. If this problem isn't caught in time, and doctors are forced to use vacuum extractors and forceps, the tools can easily injure a baby.

A doctor can be liable for this Kentucky birth injury if he did not order a cesarean section (C-section) in time to avoid a birth injury, if he delayed in his actions, if he used too much force, or if he did not make sure the baby was receiving enough oxygen to the brain and blood flow during the delivery process.

Although larger babies are more susceptible to birth traumas, the doctors and nurses involved are the ones who should know what to do to avoid debilitating or often fatal birth injuries.

If your infant sustained a brain injury, Cerebral palsy, Erb's palsy, broken bones, or any other birth injury in Ohio or Kentucky, please call an experienced Northern Kentucky birth injury attorney at the law office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297 to find out if you are entitled to receive financial compensation in a free consultation today.

Rock Slide Causes Multiple-Car Crash in Northern Kentucky

Thu, 03 Nov 2011 08:00:00 EST

On Tuesday, October 4, 2011, a car crash in northern Garrard County took place on U.S. 27, as a nurse at University of Kentucky Chandler Hospital was commuting home to Stanford from Lexington. Authorities said that it appeared that a large rock had fallen onto the highway, and a car crashed into it.

Nancy Miracle, 46, was driving a Mitsubishi Spyder in the southbound lane of U.S. 27, near the Camp Nelson bridge over the Kentucky River, when she smashed into the large rock that had fallen into the right lane. The car started smoking when it crashed, but it did not catch on fire.

Miracle's airbags deployed, but amazingly, she did not suffer any broken bones. However, she is very sore and is complaining of bruising, soft-tissue injuries, and neck and back injuries.

Right after she collided into the rock, a pickup truck rear-ended her car. Because the accident happened so fast, Miracle wasn't sure if there was a third vehicle involved in this Kentucky accident or not. She did tell Kentucky.com that another person involved in the crash suffered a broken arm.

She received medical treatment at UK and was released the next day. She just wants the road to be safe for her commute and for other drivers. The state Transportation Cabinet has asked the geotechnical branch to inspect the rock slide site following this accident.

Schachter, Hendy, & Johnson would like to wish everyone involved and injured in this northern Kentucky car crash a full and quick recovery.

Are there any options for treating Erb's palsy in Northern Kentucky?

Wed, 02 Nov 2011 08:00:00 EST

When your newborn suffers a Kentucky birth injury, your entire world may feel like it is crashing in. You may have many questions, like "are there treatments for Erb's palsy?"

Depending upon the severity of the nerve injury at birth, there may be two possible treatments for Erb's palsy - surgical and non-surgical treatment options.

Physical therapy is the non-surgical treatment option that may help recover the affected arm's movement. When a child does exercises to stretch their limbs and muscles, it will help keep the injured arm limber and in good condition. Physical therapy often requires a parent's involvement because an infant cannot stretch on their own. When physical therapy is done frequently and correctly, a child's range of motion may be increased.

Some children may require surgical treatments, as a doctor may feel that nerve surgery will help restore an injured child's limb. Sometimes, multiple surgeries are necessary to improve the injured arm so that it can start functioning correctly. Sadly, there are times in which surgery will not help or improve the functionality of the affected arm.

Because nerves are slow to heal, recovery can take months and even years. A child will need to continue physical therapy and ongoing medical care, and parents will need the financial support to give their injured child the care that they deserve.

If your child suffered an Ohio or Northern Kentucky birth injury due to negligent doctors, please call an experienced Northern Kentucky medical malpractice attorney at the law office of Schachter, Hendy & Johnson for a free birth injury consultation of your case. You can reach us at (859) 578-4444 or (888) 606-5297 to schedule your appointment today.

Northern Kentucky Car Crash Sends an Expectant Mother Into Labor

Tue, 01 Nov 2011 08:00:00 EST

A Northern Kentucky car crash results in labor when an expectant mother is involved in an auto accident at the intersection of Rickman Road and Old Highway 60. This McCracken County crash happened on Sunday morning, October 16, 2011.

Autumn Dawes was traveling westbound on Old Highway 60 when a car, being pushed by a truck, failed to stop at a stop sign and crashed into Dawes' vehicle. Upon impact, Dawes' airbag deployed and her water broke.

Dawes was only 37 weeks into her pregnancy when she went into labor due to the car crash. She told authorities that she didn't think her unborn son was going to make it. She was taken to Western Baptist Hospital, and doctors had to perform an emergency C-section because her son's heart rate was dropping.

Dawes gave birth to her son Grayson Joseph at 2:34 p.m. and is thankful that this horrible west Paducah car crash ended with the beginning of her son's life.

Misty McDaniel was in the car being pushed by Michael Chittendel, the driver of the truck pushing the car. Currently, there are no charges filed against either of them, as police are still investigating the accident.

Schachter, Hendy, & Johnson is saddened to hear of this car wreck that induced labor but is pleased that new life was brought into this world.

Outer Loop Crash Leaves Louisville Woman Dead

Mon, 17 Oct 2011 08:00:00 EST

On Tuesday, October 4, 2011, a deadly Louisville crash occurred on the Outer Loop, just west of Interstate 65. Louisville Metro Police stated that the crash was reported at 6:50 p.m.

When emergency responders arrived on scene, they found a pickup truck and van that collided on the Outer Loop near McDonald's at Minors Lane, but both were off to the side of the road.

Witnesses reported to the police that the van attempted to turn onto Interstate 65 and pulled out in front of the truck. Some witnesses attempted to help those involved in the crash but said that the woman traveling in the van was already dead.

The van was driven by a man whose name has not been released. He was injured but was alert when emergency responders got to him. It appeared that he suffered injuries to his legs. The woman in the van was later identified as 25-year-old Candice Bartlett, of Louisville.

The Jefferson County deputy coroner said that the victim died from multiple injuries.

The motorists who were traveling in the truck appeared to have suffered minor injuries.

Schachter, Hendy, & Johnson would like to extend our deepest condolences to the family and friends of Candice Bartlett and wish the others injured in this crash a full recovery.

State Trooper Caused Fatal Head-On Kentucky Accident

Tue, 11 Oct 2011 08:00:00 EST

A fatal Kentucky accident occurred on Thursday, September 15, 2011, involving a Kentucky State Police Trooper. Authorities indicated that the head-on collision took place near Park City just before 4 on Thursday afternoon.

Kentucky State Police Trooper Jonathan Biven was on duty traveling southbound in a caravan with other troopers on U.S. 31-W, just north of Park City. The troopers were coming from a firing range when Biven, the public affairs officer for state police Post 3 in Bowling Green, crossed the center line with his Ford Crown Victoria.

Biven drove head-on into a 2003 Ford Mustang driven by 33-year-old Nurcan Ceylan. Ceylan was traveling with Samuel H. Parker, 54, both from New Jersey. Ceylan was flown to Hardin Memorial Hospital in Elizabethtown for medical treatment, but was pronounced dead. Parker, her passenger, suffered minor injuries and was treated at the accident scene.

Biven suffered minor facial injuries and other non-life-threatening injuries and was transported to T.J. Samson Community Hospital in Glasgow for medical treatment.

Accident reconstruction experts are investigating the crash to determine what went wrong. They will also be reviewing the recorder on the police cruiser in hopes of determining exactly what happened. They do not believe speed, alcohol, or drugs were factors in this fatal Kentucky crash.

Schachter, Hendy, & Johnson would like to extend our deepest condolences to the family and friends of Nurcan Ceylan.

Two Kentucky School Bus Accidents Send Children to the Hospital

Tue, 11 Oct 2011 08:00:00 EST

There were two Kentucky bus accidents recently that injured children and have parents asking if their children are safe on school buses.

On September 20, 2011, a Henderson County school bus was traveling on Kentucky 351 near Tillotson Road when it was involved in a collision. The school bus was carrying 32 elementary students when the Kentucky accident occurred around 3 p.m.

The bus driver told authorities that he reached the top of the hill at Kentucky 351 and Tillotson Road when the bus was sideswiped by a white flatbed truck.

Three children were treated for injuries immediately following the crash.

Another bus accident occurred the prior day in Jefferson County. About 30 students were on the bus on their way to school Tuesday morning, when the bus was involved in an accident. The crash occurred around 8:30 a.m. and involved a truck being wedged partially under the bus.

Bus No. 9926 collided with the truck at Old Fern Valley and Fern Valley roads. None of the students on board the bus sustained any injuries. However, the truck driver was injured and transported to the hospital.

The initial police investigation found that the bus driver was attempting to make a left turn when it hit the pickup truck. The accident is still being investigated, and no charges have been made in either of the crashes at this point.

Schachter, Hendy, & Johnson would like to wish everyone involved and injured in these Kentucky bus collisions a full and speedy recovery.

Former Wofford Football Player Dies in Lexington Head-On Crash

Mon, 10 Oct 2011 08:00:00 EST

A deadly Lexington accident occurred on Tuesday, September 13, 2011, claiming the life of a former Terriers defensive lineman. Authorities said the fatal crash took place around 6:05 p.m. on U.S. Highway 1 near downtown Lexington, in front of Jim Hudson Ford in the 1200 block of West Main Street.

The 1992-1995 Wofford football player Brady Davis Weed III, 37, known as Tripp, was identified as the victim of the crash. According to Lexington officials, Weed was driving a 2006 Toyota Avalon and was hit by a 2008 GMC pickup truck.

Lexington police indicated that James Furman Prescott, 32, of Lexington, crossed the center lane of U.S. 1 while driving eastbound and collided with Weed's vehicle which was traveling westbound. This head-on collision caused Weed to die at the scene.

Prescott was injured in the wreck and was taken to Palmetto Heath Richland Hospital for medical care.

Lexington police are still investigating this Northern Kentucky crash, and no charges have been filed as of yet.

Drew, 9, one of his children, was injured in the accident but has since been released from the hospital. Sadly, Weed leaves behind a wife and three children.

Schachter, Hendy, & Johnson would like to extend our deepest condolences to the family and friends of Brady David Weed III.

A Deadly Kentucky Semi Accident Could Change the Law for Commercial Drivers

Mon, 10 Oct 2011 08:00:00 EST

The National Transportation Safety Board (NTSB) has recently requested all states and federal officials to ban the use of mobile phones for commercial drivers, except in the case of an emergency. They are pointing to one Central Kentucky semi truck accident that occurred in 2010, in which a truck driver crossed the median on Interstate 65.

The truck driver, Kenneth Laymon, collided head-on into a van carrying ten people. The van was full of members of the Mennonite family who were returning to Kentucky from a wedding they attended in Iowa.

Officials determined that Laymon was using his cell phone at the time of this deadly Kentucky accident. As a result, he died along with the ten others. In fact, investigators revealed that Laymon used his cell phone 69 times in the 24 hours leading up to the accident, and was on a phone call during the accident.

Sadly, distracted driving is a danger that is prevalent on the roadways. NTSB Chairman Deborah Hersman said, "It can be especially lethal when the distracted driver is at the wheel of a vehicle that weights 40 tons and travels at highways speeds."

Although the request to ban cell phones for commercial drivers is controversial, the NTSB believes it is the right thing in order to keep roadways safer and is urging all motorists to understand the dangers of distracted driving and using a cell phone while driving.

Schachter, Hendy, & Johnson would like to extend our heart-felt condolences to the family and friends of all the victims that were killed in this deadly Kentucky truck wreck.

Medical Negligence in Kentucky Could Be to Blame for Complications at Birth

Sun, 09 Oct 2011 08:00:00 EST

Many childbirths go smoothly, and the labor and delivery process is an exciting time for expectant mothers and families. However, there are others who are not as fortunate at birth, as many childbirths result in complications and often lead to Kentucky birth injuries.

When complications arise at birth, doctors and nurses have to act fast to relieve the complication without harming the baby or mother. If the healthcare professionals do not act quickly and carefully, birth injuries could occur. Sadly, these Northern Kentucky birth injuries could have been avoided if they were identified sooner, acted on quicker, and if proper procedures were followed.

If your baby suffered Erb's Palsy, there is a good chance that it was caused by medical negligence. This means that the labor and delivery doctor may have failed to use due care while delivering your baby, resulting in medical malpractice.

A birth injury lawyer can help you decide if the physician breached the standard of care and if you have a claim against your doctor, resulting in an Erb's Palsy or brachial plexus lawsuit.

Please call an experienced Northern Kentucky birth injury attorney at the law office of Schachter, Hendy & Johnson for a birth injury consultation. Our lawyers will provide you with a free discussion of your case with no obligation. Simply call to find out your rights at (859) 578-4444 or (888) 606-5297 and schedule your appointment today.

Drunk Driver Injures Two in Louisville Hit-and-Run Crash

Thu, 29 Sep 2011 08:00:00 EST

On Monday, August 29, 2011, a Louisville crash occurred just after 4 o' clock early Monday morning. According to Louisville police, the accident was caused by a drunken driver who fled the scene.

Police indicated that one vehicle rear-ended another car at Greenbelt Highway and Tradeport Drive, causing the motorists in the front vehicle to incur serious injuries. The driver of the vehicle that was hit sustained a laceration to the back of her head, and her passenger suffered critical injuries.

The drunk driver who hit that car continued driving north on Greenbelt Highway, but the vehicle was traveling in the southbound lanes. When officers found Emerson, the drunk driver, he was still driving the wrong direction in southbound lanes. They caught up to him at Cane Run Road and Terry Road and noticed that he smelled of alcohol and had slurred speech.

Louisville police had Emerson undergo a field sobriety test, and stated that he failed the test with a blood alcohol content of .240 percent. They arrested him and charged him with first-degree assault, driving under the influence of alcohol, failure to maintain insurance, and first-degree wanton endangerment.

Schachter, Hendy, & Johnson would like to wish the motorists injured in this Louisville accident a full and fast recovery.

Reebok EasyTone and RunTone shoes false claims lawsuit

Thu, 29 Sep 2011 08:00:00 EST

The Federal Trade Commission has announced a settlement with Reebok over false "toning shoe" advertising claims. The company has agreed to rebates totaling up to $25 million to buyers who bought the shoes. The settlement comes on the heels of an intensive investigation showing that Reebok's toning shoe claims were not supported by scientific evidence. In a news conference, David Vladek, director of the F.T.C.'s Bureau of Consumer Protection, said Reebok's evidence to support those assertions was "wholly insufficient." "Consumers expected to get a workout, not to get worked over," he said.

The FTC said the company used "over-hyped advertising claims" to market its EasyTone shoes, claiming in one TV ad that they tone "your butt up to 28 percent more than regular sneakers, just by walking." When the FTC challenged Reebok to prove its claims, the company could not. That is not surprising, because the statistics are simply baloney.

Not only is this good news for those who bought into the Reebok toning shoe fantasy at $80 to $100 a pop, but also for the people who have been seriously injured by these shoes and have filed legal action to be compensated for their medical expenses and other losses. These lawsuits target not only Reebok but also other so called wellness, shape up or rocker-bottom shoes such as Skechers Shape-ups.

Those who have been duped and injured by toning shoes should do the following:

If you purchased Reebok's, click here to apply for your Reebok refund.
No matter what brand of shoe you purchased, if you have suffered an injury of any nature, we implore you to report the injury to the Consumer Product Safety Commission. The process is simple - click here: https://www.cpsc.gov/cgibin/incident.aspx
To join others in the fight against the manufacturers of these dangerous and worthless shoes, join and "Like" our Facebook page: https://www.facebook.com/ToningShoesInjury
Finally, to learn more about toning shoes injuries, please visit us at http://www.toningshoesinjury.com/

Two Children Injured in Louisville Bus Accident

Wed, 28 Sep 2011 08:00:00 EST

A Louisville bus accident occurred Friday morning around 9:00 at Westport Road and Freys Hill Road that involved a Jefferson County school bus, bus #9976. According to officials, the bus was near Tom Sawyer State Park and was en route to Bowen Elementary School when it was involved in a head-on crash with another car.

The Louisville Metro Police Department arrived on scene and found four people in need of medical care. The four injured included two adult drivers and two students. They were transported to area hospitals including Norton Brownsboro Hospital and Kosair Hospital for medical care.

Out of the 36 students on the bus, two sustained minor bumps on their heads. Another bus arrived on scene to transport the remaining students to Bowen Elementary.

After an investigation, the police ruled that a male driver in a Buick, traveling eastbound on Westport Road, drifted into the westbound lanes and sideswiped a black Ford 500 vehicle. Then, the Buick collided with the school bus that was also traveling westbound.

The driver of the Buick and the driver of the Ford suffered minor injuries in the crash.

Police are not sure what caused the Buick driver to drift into the oncoming lanes of traffic, and the wreck remains under investigation.

Schachter, Hendy, & Johnson would like to wish the victims of this Louisville accident a fast recovery.

Toning Shoes Deceptive Claims result in $25 million settlement

Wed, 28 Sep 2011 08:00:00 EST

Reebok International Ltd. will pay $25 million to customers to settle charges by the Federal Trade Commission that it made deceptive claims in ads that its toning shoes would measurably strengthen the legs and buttocks of those who wear them.

Reebok to pay $25 million for false claims about toning shoe benefits

Wed, 28 Sep 2011 08:00:00 EST

"The FTC wants national advertisers to understand that they must exercise some responsibility and ensure that their claims for fitness gear are supported by sound science," said David Vladeck, director of the FTC's bureau of consumer protection.

The FTC filed the civil complaint in the U.S. District Court for the Northern District of Ohio.

Two Injured in Lexington Crash Caused by Drunk Driver

Tue, 27 Sep 2011 08:00:00 EST

Two people were injured in a Lexington crash on August 29, 2011, on Monday evening at 4468 Leestown Road. Lexington police indicated that the crash occurred around 6:11 p.m. and involved a drunk driver.

Lexington police indicated that the drunken driver crashed his 2006 Jeep Cherokee into a Volkswagen, causing the driver and the passenger of the VW to sustain injuries. The Jeep, driven by 47-year-old Thomas C. Wright, of Midway, was traveling on Leestown Road when it crossed over the center line.

The Jeep crashed head-on with Samantha L. Arnold, the driver of the 2003 Volkswagen Beetle. Arnold, of Georgetown, was transported to the University Of Kentucky Chandler Hospital in critical condition. Her passenger was also taken to the same hospital for medical care of non life-threatening injuries.

Lexington police charged Wright with driving under the influence of alcohol and marijuana, two counts of assault, possession of marijuana, and other charges following this Lexington auto accident.

Schachter, Hendy, & Johnson would like to wish the victims of this Kentucky accident a complete recovery.

23-Year-Old Man Dies in Lexington Crash

Fri, 09 Sep 2011 08:00:00 EST

On August 19, 2011, a deadly Lexington crash took place on Versailles Road around 1:30 a.m. Friday morning. Authorities said that the crash involved two cars, killing one of the drivers involved.

This Kentucky accident occurred on Versailles Road and Rice Road, near the Blue Grass Airport. Sadly, this crash claimed the life of a 23-year-old man.

Police believe that this man lost control of his car and crossed the median, causing his car to spin 180 degrees. While his white Chrysler was spinning, an oncoming car crashed into the Chrysler from behind.

Authorities later identified the driver of the Chrysler as Evan Lounsbury, of Lexington.

The two people in the black Ford Taurus did survive the wreck, but they were injured. William Goggin, the driver of the other car, and his female passenger were transported to UK Hospital for medical care.

Lexington police closed down Versailles Road after this fatal crash, and it took investigators and cleanup crews almost six hours to reopen it. This street closure caused major traffic problems in the area for morning commuters.

Investigators are still unsure as to why Lounsbury lost control of his vehicle. Lexington police do not believe alcohol was involved, but they think speed may have been a factor in this accident.

Schachter, Hendy, & Johnson would like to extend our deepest condolences to the family and friends of Evan Lounsbury.

Louisville Rollover Crash Results in EMS Worker Off the Job

Thu, 08 Sep 2011 08:00:00 EST

A Louisville crash involving a Metro EMS vehicle caused a rollover on July 21, 2011 at I-65 and the Gene Snyder Freeway.

Police first believed the accident occurred due to a drunken driving incident and began an investigation into Major Roger Parvin, the EMS worker involved in the crash. At first, Parvin was suspended without pay but now, in light of new drug information, Parvin has been fired from his job.

On the day of the accident, officials indicated that Parvin was not responding to an emergency; however, he was in uniform.

Officials took a drug test and Parvin's results raised enough suspicion that he was fired from his job. Interestingly, Parvin was in charge of tracking all controlled major substances used by Metro EMS.

After this investigation, authorities discovered that Parvin was taking expired drugs that were supposed to be given to the police. Parvin later admitted that he took the painkiller Oxycontin without a prescription the weekend before the crash.

Also, according to Metro EMS director Dr. Neal Richmond, Parvin hit a couple mailboxes and a parked car in his neighborhood on a separate occasion. Parvin also admitted to taking Oxycontin the weekend prior to that accident as well.

Metro police are presenting the case to the Commonwealth's attorney, but it could go before the grand jury.

In addition to this accident, there was a previous accident involving another Metro EMS worker just one week prior. Also, five Metro EMS employees were suspended two weeks ago, also without pay. There is no further information on the matter.

Steps to Protect Your Rights to Recovery After a Kentucky Birth Injury

Wed, 07 Sep 2011 08:00:00 EST

When your child suffers, you also suffer. Perhaps this is even more true when you know your child's injury could have been prevented. Such is the case when a negligent doctor or health care professional doesn't do their job correctly and your child suffers as a result.

Persistent Pulmonary Hypertension in Newborns (PPHN) is often a birth injury caused by the negligence of the expectant mother's doctor. If you believe that your child's Kentucky birth injury occurred due to your doctor's negligence, you may have rights.

In order to protect your rights to recovery, there are certain steps you need to take that include:

Do not give up. Your doctor will probably blame your infant's PPHN on other issues like your high blood pressure, diabetes, or anemia; however, if you know that is not true, do not give up without a fight.
Request your medical records from all of the doctors you saw while you were pregnant, even those including your labor and delivery.
Consider talking with an experienced Kentucky birth injury lawyer to find out your rights. By providing them with your medical records, they can help you determine if you have a case.
Do not delay. Remember, time is of the essence since there are statutes of limitations involved.

Although there is never going to be an amount of money you recover that will take away your infant's birth injury, at least you can help serve justice and send a message to doctors that they need to be thorough in their work. When doctors are careless, innocent people like you and your newborn can suffer at their hands.

Please call an experienced Northern Kentucky birth injury attorney at the law office of Schachter, Hendy & Johnson for a free legal consultation today at (859) 578-4444 or (888) 606-5297.

Louisville Crashes

Thu, 01 Sep 2011 08:00:00 EST

On Wednesday, August 10, 2011, a semi truck crashed in Louisville on Interstate 71, causing major traffic delays.

Authorities reported that the semi crashed into a car on the ramp leading from Interstate 71 southbound toward westbound Watterson expressway. When the truck and car collided, the tractor-trailer jack-knifed and scattered debris all over the road.

After this Louisville truck accident, crews spent hours cleaning up the debris from the road, and Louisville police took hours repairing the damaged guardrail.

Because the crash occurred around 5:30 a.m., the morning commute in this area was seriously impacted. Interstate 71 wasn't reopened until 7:30 a.m., and the ramp was re-opened at around 9:45 a.m.

Another traffic accident occurred in the same area later that day. This crash caused the same ramp from I-71 south to I-264 west to be closed again.

Due to these two separate wrecks, traffic was backed up in the area for the majority of the morning. Traffic was routed along I-71 south to Zorn Ave where drivers turned around and took I-71 north to I-264 west. However, the northbound lanes of I-71 were closed for a short period of time, causing major delays in the area.

According to MetroSafe, there were no reported injuries that resulted from any of these wrecks, which the Kentucky accident attorneys of Schachter, Hendy, & Johnson are glad to hear.

Zimmer Knee replacement lawsuit on NexGen knees

Thu, 01 Sep 2011 08:00:00 EST

Trial Magazine reports that Zimmer Holdings, Inc., which makes NexGen artificial knees, has sued at least seven plaintiff law firms and has sent cease-and-desist letters to several others, arguing that the firms' Web sites and advertisements inaccurately describe NexGen products.

The magazine further reports that patients who have undergone knee replacement surgery with NexGen implants argue that the products loosened prematurely, causing pain and loss of movement and requiring further surgery. Twenty-eight products liability cases against Zimmer were consolidated in a multidistrict litigation in the Northern District of Illinois on August 8. The Judicial Panel on Multidistrict Litigation noted that it had been notified of 45 more cases.

Zimmer NexGen knee replacement lawsuits

Thu, 01 Sep 2011 08:00:00 EST

In a surprise twist, a major manufacturer of medical devices has turned the spotlight on itself regarding possible defects with its knee replacements known as NexGen. These artificical knees manufactured by the Zimmer corporation have been associated with loosening and other problems in some cases. However, until recently the potential for lawsuits arising out of such incidents was largely overlooked by most plaintiff lawyers. Until recently, only a handful of cases had been filed, all of which were consolidated in the federal district court in Illinois. That all changed when Zimmer decided to sue the lawyers who were advertising for clients who suffered injury as a result of alleged defects in Zimmer NexGen knee replacements. Once Zimmer filed suit against 7 different law firms, interest in the litigation was greatly increased, resulting in a flurry of new ads and blog posts. It looks like Zimmer tried to extinguish a fire by dousing it in gasoline. Well played Zimmer!

If you have been injured by a defective Zimmer NexGen knee replacement, please call our toll free number 1-888-606-5297.

Seeking Justice After a Kentucky Birth Injury

Fri, 26 Aug 2011 08:00:00 EST

After you hear the words "complications at birth" or "your child suffered a birth injury", your world may come crashing down. Your joyous feelings of having a baby are now clouded with mixed emotions of grief, anger, sadness, and an overwhelming urge to help your baby overcome the injury that he or she sustained at birth.

When a Kentucky birth injury happens to your infant during the labor and delivery process, you may not know what to do and where to turn. Not only does your baby suffer the physical complications of a Kentucky birth injury, but you and your family also suffer emotionally and financially.

Although you may be paralyzed by sadness, you need to be proactive after finding out that your newborn suffered an injury at the hands of a negligent Kentucky doctor. There is no time to waste because you will need:

The best medical care so that your infant will hopefully make a recovery from the birth injury.
To possibly pursue a medical malpractice claim for the Kentucky birth injury against the negligent parties involved.
Financial support and compensation for medical bills, ongoing medical care, pain and suffering, emotional distress, wrongful death and more.

When a doctor or other health care worker misuses medical instruments during your labor and delivery, fails to monitor you correctly, or delays a cesarean, many types of Kentucky birth injuries can occur. If the doctor doesn't admit to causing your infant harm, how do you prove that their mistakes caused your baby's birth injury?

Since Kentucky medical malpractice cases involving birth injuries can be complicated, it would be wise to consult with an attorney who handles this kind of law. A Kentucky birth injury attorney will have to investigate your case and prove that the doctor's actions led to your infant's injury.

At the law office of Schachter, Hendy & Johnson, we understand that no amount of money will take away the injury, pain, and emotional grief that the birth injury caused you and your family. However, compensation is needed to help you get your infant the right medical care. Our experienced North Kentucky birth injury lawyers will provide you with a free legal consultation. Call us today at (859) 578-4444 or (888) 606-5297 to schedule your appointment.

Louisville Crash Sends Man to Hospital With Life-Threatening Injuries

Wed, 10 Aug 2011 08:00:00 EST

On August 1, 2011, a serious Louisville auto accident occurred that sent one man to the hospital with life-threatening injuries. Police said that a woman crashed into the man's car around 11 p.m. Monday night.

Teresa Duff, 39, was driving southbound on National Turnpike when she ran a red light and plowed into another car. Witnesses advised police that they saw Duff run the red light and crash into a vehicle that was exiting off of the Gene Snyder Freeway.

When emergency crews arrived on scene, they had to extract the man from his vehicle and transport him to an area hospital for medical care. He was unconscious and on a ventilator as of Tuesday.

Louisville police said that Duff admitted to drinking vodka before driving. They noticed her bloodshot eyes and slurred speech and had her take a breathalyzer test at the crash site. Police indicated that she allegedly blew a .295; they charged her with operating a motor vehicle under the influence of alcohol or drugs, assault, not having registration plates, and failure to maintain proper insurance.

There is no word on the identity of the man injured in this Kentucky accident or his current medical condition at this time.

Schachter, Hendy, & Johnson would like to wish the injured man a complete and fast recovery.

Lexington Motorcycle Crash Claims 49-Year-Old's Life

Tue, 09 Aug 2011 08:00:00 EST

Early Saturday morning on July 30, 2011, a fatal Lexington motorcycle crash occurred on Russell Cave Road, outside the entrance to Lexmark. After the crash, authorities said that a security guard found the motorcyclist's body in the bushes outside a Lexington business.

Lexington police said that the motorcyclist lost control of his bike around 2:30 a.m., causing the rider to hit a tree and a utility pole. As a result, he was thrown from his motorcycle and landed in the bushes.

Sadly, Allen was pronounced dead at the accident scene. Although police found a motorcycle helmet at the crash site, they do not believe Allen was wearing it at the time of the accident because Allen sustained a serious head injury.

The Fayette County Coroner later identified the driver of the motorcycle as Kevin Allen, 49, of Lexington.

Police are not sure if Allen misjudged the curve in the road or if he crashed for another reason. They are still investigating the crash to determine if speed and alcohol were factors.

The law firm of Schachter, Hendy, & Johnson is saddened to hear of this fatal Kentucky motorcycle crash and would like to extend its condolences to Allen's family and friends during this very difficult time.

Oldham County Accident Claims Life of Motorcyclist and Father of Three

Mon, 08 Aug 2011 08:00:00 EST

A tragic Oldham County motorcycle accident took place near Louisville, KY on the evening of July 18, 2011, killing a father of three. According to police, a car collided with a motorcycle in Oldham County killing 42-year-old Robert Terry Tooley.

Oldham police said that the accident occurred at the intersection of Ky. 146 and Floydsburg Road at around 10:00 at night. Tooley, of Louisville, was riding a Suzuki motorcycle and was wearing his jacket, boots, and motorcycle helmet at the time of the crash.

18-year-old Laura J. Lindsey, of Crestwood, was the other driver involved in this accident. She was driving a Nissan Maxima and did not appear to have any injuries following the wreck.
Police are still investigating the cause of the crash.

Tooley was the Kentucky state representative for the Ruff Ryders Motorcycle Club, a loving husband to his wife, and was expecting to be a father again with his wife being eight months pregnant. He was also loved by his neighbors and the community, which is why many neighbors are helping his wife during her time of need.

The law office of Schachter, Hendy, & Johnson is saddened to hear of this fatal Kentucky crash and would like to extend its condolences to Tooley's wife, children, family and friends, and wish them strength during this difficult time.

Importance of Healthcare for Expectant Mothers Involved in Auto Accidents

Fri, 05 Aug 2011 08:00:00 EST

There are about 30,000 pregnant women involved in motor vehicle collisions each and every year. Any type of crash, from a minor fender-bender to a more serious auto accident, can cause an unborn child and an expectant mother to be injured.

Sometimes a pregnant woman will not even suffer a blow to the abdomen during the crash. However, the tightening of the seatbelt around the abdomen, the slamming of the brakes, and the jerking motion brought on by the collision can be enough to cause serious injury to the baby. The sudden stopping movement may cause the placenta to disconnect from the uterus leading to a placental abruption, or it can cause contractions leading to preterm labor.

Even if a pregnant woman feels fine after the accident, she should get to an emergency room as soon as possible to get examined. Doctors and other medical professionals will examine the mother and baby to determine if there are any complications to either one's health.

An early fetal ultrasound and a full OB examination should be conducted during this time. Once sent away from the hospital, the expectant mother should watch for signs including:

Vaginal bleeding
Abdominal pain
Reduced frequency of baby's movements
Leaking fluid
Chills or fever
Headaches and dizziness
Swelling of the fingers and face

Sadly, an unborn baby can develop Kentucky birth injuries and defects caused by an auto accident. It is best to get to a doctor immediately, as the effects of a car crash can cause higher risks for problems in unborn babies.

If your unborn child suffered a Kentucky birth injury due to a car crash, please call a trusted Fort Wright birth injury lawyer at the law office of Schachter, Hendy & Johnson (859) 578-4444 or (888) 606-5297 to find out about your rights in a free legal consultation.

Six Bus Passengers Injured in Louisville Accident

Tue, 02 Aug 2011 08:00:00 EST

On Monday, July 11, 2011, a Louisville accident occurred downtown involving a passenger vehicle and a bus. Authorities say the crash occurred early Monday morning and caused many injuries to the passengers traveling on the bus.

A Transit Authority of River City (TARC) bus was stopped at a red light on East Liberty Street at the Shelby Street intersection when a car struck the back of the bus. This rear-end accident injured six people on the bus.

One of the six injured was the bus driver, and the remaining five were passengers. Louisville Metro Police indicated that the injuries sustained appeared to be minor, and they were all taken to area hospitals for medical care.

The driver of the car was not injured in the wreck, and his name has not been released at this time. Police indicated that he was driving a Chrysler 300 at the time of the 6 a.m. Kentucky crash.

Louisville Metro Police said that alcohol is not suspected in this case, but the accident is still under investigation.

We would like to wish all involved and injured in this accident a full recovery.

Dixie Highway Accident Claims Life of One and Injures Four

Mon, 01 Aug 2011 08:00:00 EST

On Saturday, July 16, 2011, a fatal Louisville auto accident took place on Dixie Highway. Police indicated that a red F-250 pickup truck and a silver Dodge Intrepid were involved in this crash.

The Kentucky wreck occurred in the 9700 block of Dixie Highway around 2 p.m. on Saturday afternoon, near the Gene Snyder Highway.

Louisville Metro's 3rd Division arrived on scene and stated that it appeared that the pickup truck was traveling south on Dixie Highway when it crossed the center line and smashed into the Dodge that was headed north.

There were three people in the Dodge and two occupants in the pickup truck. All five were injured and transported to University Hospital. One of the female passengers in the Dodge sustained fatal injuries and was pronounced dead at the hospital. The other four sustained non-life threatening injuries.

Barbara Prince, 67, has been identified as the person who was killed in this wreck. She was riding in the back seat of the Dodge at the time this crash occurred.

Police are still investigating this southwest Jefferson County crash and are not sure why the pickup truck crossed the center line. Authorities do not believe that drugs, alcohol or speed contributed to the collision at this time.

The other names of the people injured in this accident have not been released, but police have indicated that it appears that they should recover from their injuries.

We would like to wish everyone involved in this Louisville crash a full and quick recovery, and we would like to extend our condolences to the family and friends of Barbara Prince.

Multiple Lexington Crashes Send 14 People to Hospital

Sun, 31 Jul 2011 08:00:00 EST

On Friday, July 8, 2011, there were a string of accidents that involved a total of 46 vehicles. Authorities indicated that there were eight separate Lexington wrecks on I-75 that started from one crash involving an overturned car.

Authorities indicated that the series of weather-related crashes were due to the heavy rain, low visibility, and pooled water on the roads. Involved in these crashes were cars, semi trucks, a fire truck and even a boat. About 20 people in total were injured, and 14 were transported to area hospitals for medical care.

The mess on I-75 Friday afternoon shut down a portion of the Interstate and had traffic backed up for miles. The Lexington Fire Department said that the first accident happened around 2:10 p.m., and four wrecks were reported within 20 minutes on I-75. The multiple accidents took place between mile markers 112-116.

The fire department was en route to the four accidents when it crashed into a semi truck, hitting a fuel pipe causing diesel fuel to leak onto the road. A firefighter suffered a leg injury in the wreck and was taken to the hospital.

Not too long after this wreck came another Lexington crash that involved seven cars and two semi trucks. Because drivers in the southbound lanes were looking at what was taking place in the northbound lanes, accidents on the southbound side occurred as well.

The northbound and southbound lanes of I-75 were re-opened around 5:30 p.m.; however, traffic was slow during the rush hour commute due to the ongoing fuel spill cleanup activities taking place.
We would like to wish everyone involved in these Kentucky crashes a full and quick recovery.

Girl Dies in Lexington Pedestrian Accident With Van

Mon, 25 Jul 2011 08:00:00 EST

On Friday, June 24, 2011, a girl was killed in a Lexington pedestrian accident involving a van at Constitution Park. According to authorities, the 12-year-old girl sustained multiple injuries and died of blunt-force trauma.

The Fayette County coroner's office has identified the girl as Sierra Hubbard, of Lexington.

Police indicated that Sierra was walking next to a 2005 Kia Sedona at the park, which is near Northern Elementary School on Rookwood Parkway. Sierra was talking with the passengers inside the van and attempted to get inside while it was moving. Unfortunately, she fell in the process, and the van hit her.

Julie B. Reece, the driver of the van, believed she was only moving 5 mph or less when the van hit Sierra; however, this Northern Kentucky accident caused severe head injury.

Two of Sierra's siblings were in the van and had just been playing at Constitution Park when they decided to leave, but Sierra decided to walk towards the park's entrance when this tragedy occurred.

Police do not suspect that alcohol or drugs were involved, but they are awaiting a toxicology report before they rule anything out. They are treating this case as an accident.

We are truly saddened to hear about this devastating accident and extend our condolences to the family and friends of Sierra Hubbard.

Two Killed in Louisville Head-On Crash

Sun, 24 Jul 2011 08:00:00 EST

On June 26, 2011, two people were killed in a head-on collision in the 14000 block of Taylorsville Road near the Gene Snyder Freeway. Police said the Louisville car crash occurred Sunday night around 11:45 p.m.

38-year-old Melissa Graham, of Florida, was driving a tan Jeep Grand Cherokee that crashed head-on with Benjamin Koier, 19, of Fishersville, who was driving a red Acura.

Louisville Metro Police are still trying to figure out what caused the head-on crash, but they believe that one of the cars crossed over the center line and hit the other vehicle head-on. Investigators are in the process of determining which vehicle struck the other one first.

Carey Klain, a LMPD information officer, said "It is believed at least one of the deceased had a seat belt on, but again it's still early in the investigation and we're trying to determine all of the factors."

Sadly, both drivers sustained multiple injuries and died at the accident scene. It is unknown if excessive speed or alcohol contributed to this deadly crash. There were no passengers in either vehicle, and no other cars were involved in this accident.

Anyone who may have witnessed the crash should call 574-LMPD.

We are saddened to hear about this tragic Kentucky accident and would like to extend our deepest sympathies to the family and friends of the victims.

After a Kentucky Birth Injury Know the Symptoms of Facial Paralysis

Sat, 23 Jul 2011 08:00:00 EST

You may have been seeing your doctor consistently for months to prepare yourself for the labor and delivery process. You may trust your doctor, but doctors can make mistakes.

What if your doctor's mistake resulted in a Northern Kentucky birth injury that caused your infant to suffer facial paralysis? While labor and delivery doctors are highly-trained, many have caused birth injuries due to their own negligent actions.

The most common facial paralysis injury newborns suffer is to the lower part of the facial nerve. This area affects the muscles around the infant's lips, and the facial weakness should be apparent when the baby cries.
Signs and Symptoms of Facial Paralysis for Newborns Includes:

When crying the lower face (below eyes) does not appear to be even
When crying both sides of the mouth do not move down the same way
Eyelid on the effected side of the face does not close
One side of the face has no movement

If your newborn is showing any of these signs and the hospital failed to initially notice, you need to have a doctor exam your infant for facial paralysis.

If your infant sustained a Kentucky birth injury, you may want to talk with an experienced Northern Kentucky birth injury lawyer to find out if you have a case in which you may be entitled to financial compensation for your child's injuries, medical bills, physical therapy, and more. Call the law office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297 and schedule a free legal consultation today.

Can Doctors Treat Brain Injuries After a Kentucky Hypoxia Birth Injury?

Fri, 15 Jul 2011 08:00:00 EST

Did a delayed C-section or any other form of doctor negligence injure your infant at birth? If so, your baby may have suffered a Kentucky birth injury, such as hypoxic-ischemic encephalopathy (HIE). This birth injury results from a lack of oxygen for the infant during the labor and delivery process.

If your doctor, nurse, or other healthcare worker notices the symptoms of a hypoxic birth injury, they should conduct emergency treatment as soon as possible.

The Journal of Biomedicine & Biotechnology indicates that hypoxic-ischemic encephalopathy occurs in one to three full-term births out of every 1,000. Out of the newborns that sustain hypoxic birth injuries, 15%-20% will unfortunately die during the postnatal period, and about 25% will sustain mental retardation, motor skill issues, epilepsy, hyperactivity, or cerebral palsy.

Although every birth injury is different and has different levels of severity, HIE is devastating and often permanent for the child. A Kentucky hypoxia birth injury (insert to new article) can result in emotional pain for the family, as well as a physical burden to all involved. This is why the Journal of Biomedicine & Biotechnology indicates that it is critical to find therapeutic strategies to reduce a child's brain injury at birth.

Some of their research and study findings include:

Room Air: A recent study, the 2010 International Consensus on Cardiopulmonary Resuscitation and Emergency Cardiovascular Care Science with Treatment Recommendations in the International Liaison Committee on Resuscitation, recommends that term babies should begin resuscitation with room air rather than 100% oxygen.
Therapeutic Hypothermia: Reducing the body temperature reduces cerebral injuries, prevents energy depletion, and improves neurological outcomes after asphyxia. This study recommended that hypothermia, when used as an intervention before the onset of seizures, reduces the rate of disability for infants with HIE.

Although these recommendations are not a sure way to prevent HIE, there may be enhancements available in the near future that could help repair and improve neurological outcomes for infants with hypoxic-ischemic encephalopathy.

If your child has suffered an Ohio or Kentucky birth injury, contact a skilled Northern Kentucky birth injury attorney at the law office of Schachter, Hendy & Johnson for more information. You can reach our office at (859) 578-4444 or (888) 606-5297. Schedule a free legal consultation today.

Lexington Auto Accident Claims the Life of 26-Year-Old Female

Thu, 14 Jul 2011 08:00:00 EST

A fatal auto accident in Lexington that occurred on June 25, 2011 claimed the life of a 26-year-old female. Lexington police indicated that the wreck took place on Interstate 75 southbound near the 102 mile marker.

At around 6 p.m. Saturday night, Amber Fields was driving her PT Cruiser along I-75 when she blew a tire, which sent her car into a guardrail. The car then smashed into a rock wall and overturned multiple times before landing in an embankment. Fields died from blunt force trauma in this Lexington crash.

Police closed one lane of I-75 to investigate this fatal crash and to clear the roadway.

Witnesses told police they saw Fields slumped over her steering wheel and thought she may have fallen asleep. After police investigated this accident, they believe that Fields may have been suffering from symptoms of a medical condition, which could have contributed to the crash.

Police reported that the evidence they collected proves that Fields never steered the car after she hit the guardrail, which leads to the conclusion that Fields wasn't simply asleep. Someone who was asleep would typically wake up after impact, which is why Lexington police believe she had a medical emergency that rendered her unconscious.

Police searched the nearby crash site for a child because they saw an empty car seat in Fields' car, but her child was safe with her husband. Police are still investigating this deadly accident.

Sadly, there were more fatal accidents in Kentucky over the same weekend.

We are saddened to hear of these tragedies, and would like to extend our condolences to the family and friends of Amber Fields and everyone else affected by the deadly accidents of the weekend.

Lexington Car Accident Leaves Woman Injured

Fri, 24 Jun 2011 08:00:00 EST

A Lexington car accident involving three vehicles sends one woman to the hospital after her car flips over while attempting to avoid another vehicle. The incident took place at approximately 9:30 AM on Wednesday, June 15, 2011, on New Circle Road.

According to Lexington Police, three vehicles were involved in a collision along New Circle Road, near Alexandria Drive, where a vehicle flipped over while trying to avoid a collision with another vehicle. Police report that only two of the vehicles actually collided. The role of the third vehicle was unclear.

Rescue crews transported the unidentified female driver of the vehicle that flipped over to a local hospital where she was treated for non-life threatening injuries. Her condition was not immediately made known.

Fortunately, there did not appear to be any other injuries resulting from the crash. The identities of the other drivers were not immediately made available.

The three-vehicle Lexington car accident is still under investigation by local authorities. There was no immediate indication as to who was at fault or what may have caused the accident.

This is an unfortunate incident, and we would like to wish all the victims a speedy recovery during this challenging time.

Louisville Auto Accident Leaves Deputy Injured

Thu, 23 Jun 2011 08:00:00 EST

A Louisville auto accident involving six vehicles sends several, including a Jefferson County sheriff's deputy, to the hospital after a chain-reaction crash causes headaches for early morning commuters. The incident took place at approximately 9:00 AM on Tuesday, June 7, 2011, along Interstate 64.

According to reports, six vehicles were involved in a pile-up at westbound I-64 and the onramp to I-264. A Ford F-150 rear-ended a car driven by an off-duty sheriff's deputy which started the chain-reaction crash.

The deputy, along with several other victims, was transported by rescue crews to the hospital where they were treated for injuries sustained in the crash. The deputy was taken to the trauma center at University Hospital. He was listed in stable condition.

"Traffic was pretty light," said Shari Tolson, a witness to the crash. "Then I saw all the cars stop and then I saw that car flip over, and then I saw the white truck swerve over and take out that other car."

The early morning Louisville auto accident is still under investigation by local authorities. The exact cause of the crash has yet to be determined.

This is an unfortunate incident, and we would like to wish all the victims a speedy recovery during this difficult time.

Louisville Car Accident Sends Four to the Hospital

Fri, 17 Jun 2011 08:00:00 EST

A Louisville car accident involving two vehicles sends four people to the hospital, including three children, after the driver loses control of his vehicle. The incident took place at approximately 2:00 on Saturday morning, June 11, 2011, in the 6500 block of Six Mile Lane and Lodge Lane.

According to Metro police, the driver of a silver 2011 Lincoln Town Car traveling southbound on Six Mile Lane lost control of the vehicle and ran off the road. The driver returned to the road but unfortunately slammed into another Lincoln Town Car.

There were five people inside the second vehicle, two adults and three children. Rescue crews transported the three children to Kosair Hospital where they were treated for injuries sustained in the accident. One adult was taken to University Hospital. Their conditions were not immediately known. However, one of the children sustained life-threatening injuries.

The driver of the first vehicle fled the accident scene after speaking to witnesses. The car was reportedly a rental car with Tennessee plates.

The two-vehicle Louisville car accident is still under investigation by local authorities. Investigators have asked anyone with information concerning the hit-and-run accident to contact Louisville Metro Police at (504) 574-5673.

This is a terrible accident, and we wish all the victims a speedy recovery during this difficult time.

New Injury Reports Raise Concerns About Toning Shoes

Thu, 16 Jun 2011 08:00:00 EST

According to a recent analysis of complaints filed with the Consumer Product Safety Commissions' new product complaint database, wearing toning shoes, such as Skechers Shape Ups, could lead to a toning shoes injury.

About the complaints
The product complaint database was started on March 11, 2011. As of May 22, 2011:

• 36 consumers reported injuries, allegedly resulting in wearing toning shoes
• The majority of injuries were minor, including tendinitis, foot and leg pain, and hip pain
• However, 15 consumers reported suffering broken bones

Is the design the culprit?
Toning shoes feature a rocker-style bottom designed to mimic walking on the sand. The design creates instability and requires the use of muscles not normally used while walking and can lead to:

• Falls
• Turned ankles
• Achilles tendon injuries

Popular toning shoes manufacturers
Skechers, the manufacturer of Shape Ups, is one of the leading toning shoes manufacturers. They claim that, "you can get in shape without setting foot in a gym." Other manufactures include:

• New Balance
• Avia
• Champion
• Danskin Now

If you have suffered an injury due to wearing a pair of toning shoes, you might be able to hold the manufacturer liable for damages. An experienced toning shoes attorney can help you build your case.

If you or someone you know has been injured while wearing toning shoes, contact one of our experienced Northern Kentucky toning shoes attorneys at the law office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

Louisville Car Accident Claims the Life of One, Injures Two

Thu, 09 Jun 2011 08:00:00 EST

A Louisville car accident involving two vehicles claims the life of one person and leaves two others injured after one of the cars is hit while attempting to make a left turn. The incident took place at approximately 9:00 on Thursday morning, June 2, 2011, at the intersection of Greenbelt Highway and Trade Port Drive.

According to reports, a woman driving a beige Chevy Cobalt was killed after she collided with a Blue Taurus as it was attempting to make a left turn. Rescue crews transported the woman to University of Louisville Hospital where she was pronounced dead due to injuries sustained in the crash.

The victim has been identified as Barbara Jeffries, 54, of Louisville. She was reportedly a monitor at Eisenhower Elementary.

Rescue crews transported two men who were in the other car to the hospital. The extent of their injuries was not immediately made available.

"There was an officer that was on Trade Port at the time that witnessed the accident," said LMPD spokesperson Dwight Mitchell.

The fatal, two-vehicle Louisville car accident is still under investigation by local authorities.

This is a tragic accident, and we would like to extend our thoughts and condolences to everyone that has been affected by it.

New report that Skechers Cause Serious Injuries

Wed, 08 Jun 2011 08:00:00 EST

Consumer Reports medical adviser Dr. Orly Avitzur is hearing more frequently about injuries.

"One patient was breaking in a pair of toning sneakers, and less than 45 minutes after putting them on felt her ankle turn and a bone break," said Aritzur.

Surgeons say they are not surprised. Toning shoes are intentionally designed to create instability. They could be difficult for elderly people or anyone with balance issues.

Even younger people are complaining about problems with shoes like Skechers Shape-Ups.

Group B Strep Infection Can Lead to Kentucky Birth Injury

Wed, 08 Jun 2011 08:00:00 EST

If Group B Streptococcus (GBS) is not detected by your doctor, your child may be at risk of suffering a Kentucky birth injury.

What is GBS?
GBS is a type of bacteria infection that can be found in a pregnant woman's vagina and/or rectum and can cause harm to a newborn, potentially resulting in:

• Meningitis
• Sepsis
• Pneumonia
• A stillbirth

Concerning Statistics
The statistics are alarming. GBS can be found in the vagina and/or rectum of about:

• 25 percent of all healthy adult women
• Affects about 1 in very 2,000 babies in America

Common symptoms of GBS
There are many common symptoms associated with GBS, including:

• Breathing problems
• Heart and blood pressure problems
• Gastrointestinal and kidney issues
• Fever during labor
• Urinary tract infections
• Labor or rupture of membrane prior to the 37th week of the pregnancy
• Rupture of membrane within 18 hours or before the delivery

If GBS is detected in the mother, it can often be treated through intravenous antibiotics. However, if GBS is not detected, the new baby will be at risk of suffering a serious birth injury.

If you or someone you know has a child who has suffered a birth injury resulting from GBS, contact one of our experienced Northern Kentucky birth injury attorneys at the law office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

Louisville Motorcycle Accident Claims the Life of One Over Holiday Weekend

Sun, 05 Jun 2011 08:00:00 EST

A Louisville motorcycle accident involving a car claims the life of a motorcyclist after being hit by the car over the Memorial Day weekend. The incident took place at approximately 5:00 on Monday evening, May 30, 2011, at the intersection of Jackson Street and Jacob Street in the Smoketown neighborhood.

According to the Louisville Metro Police Department, the motorcyclist was heading north along Jackson Street when he was hit by a brown Chevrolet Camaro, which was traveling east on Jacob Street. The force of the impact knocked the motorcyclist, who has been identified as Jay Kirchner, 33, of Louisville, off his bike where he was fatally injured. It was unclear as to whether or not he was wearing a motorcycle helmet.

There were no other injuries or other vehicles reported to be involved in the wreck. The driver of the Camaro was not immediately identified.

Witnesses to the crash were interviewed by officers to see if alcohol or speed played a possible role in the crash.

The fatal Louisville motorcycle accident is still under investigation by local authorities as they attempt to determine what caused the accident and who was at fault.

This is a terrible tragedy, and we would like to extend our thoughts and condolences to the victim's family and friends during this difficult time.

Cincinnati Auto Accident Leaves Two Injured

Sat, 28 May 2011 08:00:00 EST

A Cincinnati auto accident involving four vehicles leaves two people injured and a sport utility vehicle (SUV) dangling off a bridge over the Ohio River. The incident took place at approximately 3:00 on Wednesday afternoon, May 11, 2011, along Interstate 275.

According to reports, the incident began when a ladder fell off a Dodge pickup truck traveling in the northbound lanes of Interstate 275, just before Kellogg Avenue. Two vehicles, including a Ford Explorer, stopped for the ladder. Unfortunately, a fourth vehicle wasn't able to stop in time and slammed into a car, which was pushed forward into the Ford Explorer.

The force of the impact caused the SUV to spin slightly and left it hanging over the Combs-Hehl Bridge. The crash left two people with minor injuries. One victim suffered a broken ankle.

The driver of the Dodge, which lost the ladder, reportedly fled the accident scene. Police are still searching for the driver.

The Cincinnati auto accident is still under investigation by local authorities. Anyone with information about the Dodge and its driver has been asked to contact Crime Stoppers at (513) 352-2040 or Cincinnati Traffic Unit at (513) 352-2514.

This is an unfortunate incident, and we wish all the victims a speedy recovery.

Louisville Auto Accident Claims the Life of Local Woman

Fri, 27 May 2011 08:00:00 EST

A Louisville auto accident involving three vehicles claims the life of a local woman and sends five others to a local hospital. The incident took place at approximately 5:30 on Thursday afternoon, May 11, 2011, near Iroquois Park.

According to local police, a Toyota Matrix was speeding along Southern Parkway and ran a red light, slamming into a Chrysler Sebring at the intersection of Taylor Boulevard and Marret Place. A Dodge Stratus, which was traveling behind the Sebring, was also struck in the accident.

Unfortunately, Diane Wilson, 51, of Louisville, was pronounced dead at the scene of the accident due to injuries sustained in the crash. Rescue crews transported five other victims to University Hospital where they were treated for injuries. Their identities and conditions were not immediately made available.

The identity of the driver that allegedly caused the accident was also not immediately made known. It is unclear if the driver was injured as a result of the accident.

The fatal three-vehicle Louisville auto accident is still under investigation by local authorities.

This is a terrible tragedy, and we would like to extend our thoughts and condolences to Ms. Wilson's family and friends during this difficult time. We would also like to wish the other victims a speedy recovery.

Consumer Reports Article Links Injuries to toning shoes like Skechers ShapeUps

Thu, 26 May 2011 08:00:00 EST

Americans spent more than $1 billion on toning shoes last year, up from about $360 million in 2009, according to research firm SportsOneSource. No doubt, the surge is bolstered in part by celebrity spokespersons such as Kim Kardashian, whose sexy Super Bowl ad for Skechers reached more than 100 million viewers.

Along with that growth are reports of injuries to SaferProducts.gov, run by the U.S. Consumer Product Safety Commission, including alleged fractures, pulled muscles, and other accidents. Our recent analysis of those complaints identified 36 reports associated with toning shoes since March 11, when the database started. That's more than for any other single type of product in the database. Most of the reported injuries were minor, including tendinitis and foot, leg, and hip pain. But 15 of the reports were of broken bones, some requiring surgery.

And in August 2010 a group of consumers filed a lawsuit against the makers of the Skechers Shape-ups line of shoes claiming, among other things, that they "provide no health benefit to users beyond what any other ordinary sneaker provides," and that they "have actually injured some consumers."

Tests done last year by the American Council on Exercise concluded that "there is simply no evidence to support the claims that these shoes will help wearers exercise more intensely, burn more calories, or improve muscle strength and tone." And they raised the concern that "extended wear of these toning shoes may alter the walking gait mechanics of wearers."

Lexington Car Accident Claims the Life of 1, Leaves 6 Others Injured

Sun, 22 May 2011 08:00:00 EST

A Lexington car accident involving three vehicles claims the life of one person and leaves six others injured. The incident took place at approximately 6:45 on Friday evening, May 13, 2011, along U.S. 64 West, outside of Lexington.

According to authorities, a 1997 Honda was traveling westbound on U.S. 64 when the driver crossed into oncoming traffic and struck a 1997 Ford car head-on. That 1997 Ford was then rear-ended by a 2008 Ford.

The driver of the 1997 Honda, who reportedly caused the accident, has been identified as 55-year-old Deborah Marie Barnham. Unfortunately, she lost her life from injuries sustained in the accident. There were no passengers in the car with her at the time of the collision.

There were three people inside the 1997 Ford that was struck head-on, including the driver, 52-year-old Annitta Brockwell Crook. Rescue crews transported all three victims to Wake Forest Baptist Medical Center where they were treated for injuries. Their conditions were not immediately made available.

There were also three passengers in the third vehicle. The driver of the 2008 Ford has been identified as Brandon Joseph Robinson, 23, of Cedar Bluff, Virginia. They were all taken to the hospital.

The Lexington car accident is still under investigation by local authorities. Officials have yet to determine what caused Ms. Barnham's vehicle to cross into oncoming traffic.

This is a tragic accident, and we would like to extend our thoughts and condolences to everyone that has been affected by it.

Holly Ward files first lawsuit against Skechers for fracture injury reports Good Morning America

Tue, 17 May 2011 08:00:00 EST

As reported on Good Morning America, Holly Ward filed the nation's first lawsuit against Skechers alleging that its ShapeUps footwear caused her to have stress fractures in both of her hips. Ward, a 38 year old waitress, was previously healthy and fit with normal bone density. She wore her ShapeUps for work while she waited tables at her job, and she wore she ShapeUps athletic shoes to go on walks with her friends for exercise. Holly had to undergo a painful operation in which three screws were placed into each of her hip joints in order to heal the bones riddled with fractures.
Skechers ShapeUps are designed to change the way you walk. It is well established in the medical literature than altering the way you walk can result in stress injuries like fractures and damage to tendons and ligaments.
Now, Skechers is marketing these shoes to children as young as preschool age. Is this a good thing

Skechers ShapeUps potentially injuring children?

Mon, 16 May 2011 08:00:00 EST

In an unbelievable move, Skechers is now marketing and selling its controversial ShapeUps shoes to children? A landmark study by the University of Wisconsin has already established that these shoes do not work as advertised, and several prominent physicians have opined that these shoes could cause serious injuries because they are unstable and they change the way you walk. Is it good for kids to assume these serious health risks by wearing a shoe that has been proven to be nothing more than a marketing gimmick? Three lawsuits filed by the law firm Schachter, Hendy & Johnson have shown the types of injuries that can be caused by these shoes. Why does a preschooler need a shoe that is unstable and causes her to be off balance? This is a new low for Skechers.

Consumer Product Safety Commission reports injuries from Skechers ShapeUps

Wed, 11 May 2011 08:00:00 EST

Here are examples of some of the reports on the Consumer Product Safety Commission website:

I am 41 years old. I purchased a pair of Sketcher Shape-ups last year. I was recovering from a Pulmonary embolism and in rehab. I bought the shoes for comfort and if they helped me get back into shape while rehabbing my lungs that was a bonus. Around Thanksgiving of last year, I started noticing I was having a lot of pain in my legs. I thought maybe the rehab was a little much I had worked my way up to twice a week for 40 minutes each day. By Christmas, I was barely able to walk. People on my job were telling me to seriously think about going out on disability, because I looked horrible and in severe pain, which I was. The pain has intensified over the next few months. My doctor thought it was an allergic reaction to some medication, she took me off of it, but the pain was still there. My knees and feet were swelling so much that doctor and family thought my legs and feet would explode from the pressure or they would have to make cuts in my legs and feet to drain off the excess fluid. My toes looked like tiny stuffed sausages sitting under a honeydew melon. I am taking Viocodin for the pain, can't take any hard stuff - Motrin and others. The pain keeps me up at night, my knees pop and lock all day long. There's burning up and down my thighs and the muscles in my thighs feel flexed and tight all the time. Finally doctor sent me to physical therapist and knee specialist, after cortisone shots in both knees and X-rays showing no damage pain was back after a week. After weeks of suffering and more tests, been diagnosed with Petella Tendonisist. It's so severe that now I have to walk with a cane and if there is no progress on next visit, may have to put my leg in brace and use crutches to get around. I never had pain or problems like this with my knees until I starting wearing those blasted Sketcher Shape-Up shoes!

Purchased and wore Tone-ups sandals by Skechers last summer. After a few weeks of wearing the sandals I tore my right calf muscle on a walk. I did not realize it was the shoes that caused the tear until I again put the sandals on this spring and very soon after developed achilles tendonitis and hip pain in the piriformis. I am an athlete, runner, gymnast, etc. and have never had such injuries until I wore these sandals. I am now in physical therapy and trying to recover while having to sideline my physical activities until I can heal.

I have a pair of sketcher roll type shoes. I had been rolling on them all day because this is suppose to help tone your legs. I had just gotten home from work and was going out the back door on to the deck to talk to my husband. As I opened the back door I rolled my foot forward, the shoe got stuck in the door and I lost my footing and fell. My foot was facing backward and my back was hurting so my husband called the ambulance. At the hospital they had to put me to sleep to reset my big bone that runs from my knee to my foot. I had to see a orthopedic who did sugery on me. I have a pilor fracture with other complications and will not be able to work for at least 3 months IF all goes well. I also will have to have alot of therapy so I can walk on this foot again. I have a metal plate and 13 screws, at this time I have 15 staples on the outside of my leg and 12 staples on the inside of my leg. This is very painful and depressing. If this shoe had not made me trip I wouldn't be going through all this pain.

Many report injuries from Skechers to the Consumer Product Safety Commission

Wed, 11 May 2011 08:00:00 EST

The Consumer Product Safety Commission recently unveiled a new website to disclose consumer reports of injuries from defective and dangerous products. That site, saferproducts.gov, has reports of as many as twenty people who have been injured from wearing Skechers ShapeUps.

http://www.saferproducts.gov/Search/Result.aspx?dm=0&q=skechers&srt=0

Labor Complications Can Result in Kentucky Birth Injury

Tue, 10 May 2011 08:00:00 EST

There are many factors involved in the delivery of a baby. Consequently, there are several types of labor complications that can ultimately result in a Kentucky birth injury, leaving your baby with a serious injury.

Issues concerning pre-term labor
Pre-term labor occurs when the mother goes into labor prior to the 37th week of pregnancy. Nearly 10 percent of women will experience preterm labor. The earlier the labor begins, the more at risk your baby becomes of facing a serious health risk.

Placenta issues or placenta previa
Placental issues during labor can result in maternal or fetal hemorrhaging. The result can be fatal for both the mother and the baby. Placenta previa can occur when the placenta covers all or part of the cervix. It can also occur when the placenta tears away from the uterine wall too early.

Complications resulting in fetal distress
There are many factors that can lead to fetal distress such as:

Umbilical cord issues
Complications from medicines used in labor
Infections
Complications with the baby's heart rate during delivery
Complications with the baby's first bowel movement

If your baby has suffered a birth injury at the hands of the delivering doctor and/or hospital staff, you might be able to hold them responsible.

If you or someone you know has a child that has suffered a birth injury, contact one of our experienced Northern Kentucky birth injury attorneys at the law office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

Kentucky Birth injury Can Result in Cerebral Palsy

Mon, 09 May 2011 08:00:00 EST

There are many types of Kentucky birth injuries that can be the direct result of negligence on behalf of the delivering doctor and/or hospital staff. One type of birth injury includes cerebral palsy.

Definition of cerebral palsy
According to the Mayo Clinic, cerebral palsy is defined as a disorder of movement, muscle tone, or posture that is caused by injury or abnormal development in the immature brain, most often before birth.

Common factors leading to cerebral palsy
Cerebral palsy can often times be the result when there is a:

Medical mistake made, resulting in a birth injury
Random mutations
Maternal infections
Lack of oxygen to the baby's brain
Infections contracted by the infant
Traumatic head injury

Symptoms of cerebral palsy
There are many signs and symptoms indicating that your child may have cerebral palsy, including, but not limited to:

When muscle tones are either too stiff or too floppy
Lack of coordination with muscles
Problems with sucking and eating
Delays with the development of speech
Speaking difficulties
Excessive drooling and swallowing difficulties

If your child has sustained a birth injury resulting in cerebral palsy, you should contact one of our experienced Northern Kentucky birth injury attorneys at the law office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

Louisville Auto Accident Claims the Life of One, Injures Two

Sun, 08 May 2011 08:00:00 EST

A Louisville auto accident involving two vehicles claims the life of one person and leaves two others injured. The incident took place at approximately 2:30 on Tuesday morning, April 26, 2011, near the intersection of Chestnut Street and Roy Wilkins Avenue.

According to Dwight Mitchell, a Louisville Metro Police spokesperson, a Chevrolet Camero was traveling eastbound on Chestnut Street when it collided with a Chrysler Pacifica. The Pacifica was traveling southbound on Roy Wilkins Avenue.

The driver of the Camero has been identified as Rogerick Sellers, of the 2800 block of Rowan Street. The force of the impact ejected Mr. Sellers, who was not wearing a seatbelt at the time of the crash, from his vehicle. Unfortunately, he died from multiple injuries sustained in the two-vehicle crash.

Rescue crews transported Mr. Seller's passenger and the driver of the Chrysler to a local hospital where they were treated for injuries. Their conditions were not immediately made available. However, their injuries were described as non-life threatening. Their identities were not made known.

The fatal Louisville auto accident is still under investigation by local authorities. Police have yet to determine what caused the vehicles to collide.

This is a terrible incident, and we would like to extend our thoughts and condolences to everyone that has been affected by it.

Louisville Motorcycle Accident Claims the Life of 54-Year-Old

Sat, 07 May 2011 08:00:00 EST

A Louisville motorcycle accident involving another vehicle claims the life of a man after his motorcycle slams into a wall and forced into the path of a sport utility vehicle (SUV). The incident took place at approximately 8:00 on Sunday evening, May 1, 2011, on Interstate 65.

According to local police, witnesses reported seeing the man on a motorcycle traveling northbound on Interstate 65. He was just past Hospital Curve near First and Liberty when he slammed into a wall. The 54-year-old man apparently did not make the curve, and the force of the impact sent him into the path of a southbound SUV, where he was struck.

The male victim was pronounced dead at the scene of the accident due to injuries sustained in the two-vehicle crash. His identity was not immediately made available. He was reported as wearing a helmet at the time of the collision.

The fatal Louisville motorcycle accident is still under investigation by local authorities. It is unclear as to what caused the motorcyclist to lose control of his bike.

This is a terrible tragedy, and we would like to extend our thoughts and condolences to the victim's family and friends during this difficult time.

Understanding Placenta Previa

Sat, 30 Apr 2011 08:00:00 EST

Placenta previa is not only potentially dangerous to a delivering mother, but it can also result in a birth injury, especially when a doctor makes a Kentucky medical malpractice mistake.

What is placenta previa?
Placenta previa occurs when the placenta fails to attach itself high enough in the expecting mother's uterus. With placenta previa, the placenta often attaches itself near or on top of the cervix at the bottom of the mother's uterus.

The dangers of placenta previa
Placenta previa can become dangerous to the mother and the baby when the mother's body begins to prepare for delivery. As the mother's cervix begins to open, the part of the placenta that covers the cervix will detach itself. This can trigger vaginal bleeding, ultimately putting the life of the mother and the baby at risk.

When placenta previa is not monitored properly
A mother with any degree of placenta previa should be closely monitored by doctors and medical staff throughout the entire pregnancy. A lack of careful monitoring can lead to a medical malpractice mistake and injury.

When this occurs, you might be able to hold the doctor, medical team, and hospital liable for your damages.

If you or someone you know has sustained a medical malpractice injury resulting from placenta previa, you should contact one of our experienced Northern Kentucky medical malpractice attorneys at the law office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

Future of Skecher's Shape-Ups Uncertain

Fri, 29 Apr 2011 08:00:00 EST

The future of Skecher's Shape-Ups appears to be uncertain, especially in light of recent implications that the toning shoes could lead to a serious injury. Skechers USA, which has utilized endorsements by Kim Kardashian and Wayne Gretzky, is feeling the impact of the market flooding of cheaper toning shoes substitutes.

Shape-Ups offer unique benefits
Skechers claim that the unique kinetic wedge and rocker bottom design of their Shape-Up shoes imitate the sensations and benefits of walking on soft sand. They also claim that their product helps:

• The body burn more calories
• Tone muscles
• Improve posture

Skecher's 2010 fourth quarter not impressive
Market conditions have forced Skechers to aggressively discount their products while increasing spending on promotional activities. Their 2010 fourth quarter numbers reveal why:

• Net earnings declined 89 percent to $3.2 million
• Gross margin fell 820 basis points to 40.5 percent

Reasons for the decline in earnings
Some experts attribute these declining numbers in part to order cancellations. It's possible that the order cancellations are a result of the lack of evidence to support the benefits toning shoes supposedly offer wearers and the potential dangers that many medical experts attribute to the unique design of the toning shoes.

If you or someone you know has been injured by wearing toning shoes, contact one of our experienced Northern Kentucky personal injury attorneys at the law office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

Cincinnati School Bus Accident Sends 11 Students to the Hospital

Fri, 15 Apr 2011 08:00:00 EST

A Cincinnati bus accident involving one car sends 11 children to the hospital after a Jeep Grand Cherokee slams into their school bus while attempting to pass a stopped vehicle. The incident took place on Monday morning, March 21, 2011.

According to local police, the school bus was hit by a Jeep Grand Cherokee while it was making a left turn. The driver of the Jeep has been identified as Mike Downing. It was unclear as to whether Mr. Downing was injured in the collision.

Rescue crews transported 11 Cincinnati students to the hospital where they were treated for injuries sustained in the accident. Fortunately, none of the injuries were considered to be life-threatening, according to police.

The school bus was in route to Orion Academy when the accident occurred. Orion Academy is a Cincinnati Charter school.

Mr. Downing was reportedly behind another vehicle that had stopped for the bus. He attempted to pass the vehicle when he collided with the bus as the bus was making a left turn.

The Cincinnati school bus accident is still under investigation by local authorities. Mr. Downing was cited for making an improper pass.

This is an unfortunate incident, and we would like to wish all the students a speedy recovery during this difficult time.

Shively Auto Accident with Train Leaves One Injured

Thu, 14 Apr 2011 08:00:00 EST

A Shively auto accident involving a train leaves one man injured after his car and a train collide along Dixie Highway outside of Louisville. The incident took place at approximately 5:00 PM on Monday evening, April 1, 2011, at Appleton Lane.

According to Shively Police, a white, full-sized sedan was hit by a train along Dixie Highway after the northbound driver attempted to go around a TARC bus. The car was then dragged down the train track for an unspecified distance.

Fortunately, there was only one person in the car at the time of the collision. The driver's injuries were not considered to be life-threatening. The identity of the driver was not immediately made available. There were no reported injuries on the train.

The car was removed approximately an hour later, and the train was allowed to continue on its course.

"Anytime you approach a train track and you see the warning lights are activated and gates are down, you need to stop," said Major Kevin Higdon with the Shively Police Department. "As you can tell from the accident, you could end up working a fatality because you're in a hurry and never make it to where you want to be."

The Shively auto accident is still under investigation by local authorities.

This is an unfortunate incident, and we wish the driver a speedy recovery during this difficult time.

Louisville Auto Accident Claims Life of 77-Year-Old

Sat, 09 Apr 2011 08:00:00 EST

A Louisville auto accident involving two vehicles claims the life of one person and leaves another injured after a car slams into a house. The incident took place on Sunday, April 3, 2011, near the intersection of Pages and Devonshire.

According to reports, a blue Ford Taurus ran a stop sign at West Pages and Devonshire and was struck by a white Lincoln driven by Leonard Lay, 77, of Big Clifty. The force of the impact sent the Taurus into a tree and then into a house. Unfortunately, Mr. Lay was pronounced dead at the scene of the accident.

Rescue crews transported the unidentified passenger of the Ford Taurus, believed to be in her eighties, to University Hospital. She was listed in critical condition with life-threatening injuries.

"I was making the bed," said Sharon Comstock, the owner of the home. "And I heard a crash and my daughter was downstairs. And she ran upstairs and as soon as we heard the crash the house just shook. It was worse than the earthquake we had a few years ago."

Local investigators report that the driver of the Lincoln had the right of way. They do not believe that speed was a factor in the crash.

The Louisville auto accident is still under investigation by local authorities.

This is an unfortunate incident and we would like to extend our thoughts and condolences to everyone that has been affected by it.

Louisville Car Accident Leaves Officer Injured

Fri, 08 Apr 2011 08:00:00 EST

A Louisville car accident involving two vehicles leaves a Louisville Metro Police Officer injured after he was struck while working at a traffic accident. The incident took place on Thursday morning, March 24, 2011, at the intersection of Liberty Street and Brook Street.

According to Louisville Metro Police Spokesperson, Carey Klain, Officer Paul Foster was handling an accident that occurred at Liberty and Brook Streets when the officer was injured. Ms. Klain says that a woman driving a maroon Toyota Scion suffered a medical emergency while behind the wheel causing her foot to hit the accelerator.

Officer Foster then attempted to run after the car on foot. He was hit when the car came to a stop after crashing into a light pole on Liberty Street. Officer Foster's injuries were described as minor.

"It might have knocked him out because Foster was not moving," said Steve Kemper, who witnessed the accident. "Some other people stopped and tried to help the officer."

"It shook me up, and I'm still shaken up a bit," said Officer Foster.

The Louisville car accident is still under investigation by local authorities. The type of medical emergency the driver of the Toyota sustained has yet to be determined.

Cincinnati Car Accident Involves Fatal High-Speed Chase

Thu, 07 Apr 2011 08:00:00 EST

A Cincinnati car accident involving three vehicles began with a high-speed police chase and ended with the fatalities of two people. The incident took place at approximately 1:00 AM on Wednesday morning, March 16, 2011, near the corner of Sycamore Street and Eighth Street.

According to Cincinnati police officers, police gave chase to a stolen sport utility vehicle (SUV) driven by a man allegedly under the influence of alcohol and crack cocaine. The eight-minute high-speed chase ended when the stolen SUV, driven by 39-year-old Mark Gerth, hit a PT Cruiser and slammed into a taxi.

The cab driver, Ould Mohamed Sidi, 33, of Erlanger, and passenger 39-year-old Tonya Hairston, lost their lives in the crash.

Neither of the occupants in the PT Cruiser, driver Amanda Temple and her passenger, 21-year-old Sarah Weichelt, were injured in the crash.

"I saw this car coming screaming toward us," Weichelt said. "I said something really loud and thankfully she stopped, but we were blocking the view of the taxi."

Mr. Gerth fled the accident scene, leaving his injured passenger behind. Police later apprehended Mr. Gerth in a church parking lot.

This fatal Cincinnati car accident is still under investigation by local authorities.

This is a tragic accident and we would like to extend our thoughts and condolences to the victims' family and friends during this hard time.

What Do You Do When a Kentucky Birth Injury Causes Erb's Palsy?

Tue, 29 Mar 2011 08:00:00 EST

Erb’s palsy, a form of brachial plexus palsy, can be the result of a Kentucky birth injury and cause a weakness to nerves. This weakness can ultimately impact feeling in a baby’s arm, hand and fingers. Erb’s palsy can even lead to a loss of motion. Shockingly, one or two of every 1,000 babies are born with Erb’s palsy.

Are there any treatment options for Erb’s palsy?
There are two categories of treatment for babies who have developed Erb’s palsy, which include nonsurgical and surgical treatments.

Nonsurgical treatments will generally include daily physical therapy requiring the parents to take an active role. Your doctor or physical therapist will teach you how to perform range of motion exercises with your child. You can expect to have to perform these exercises with your baby at home, as often as possible during the day.

If your baby’s doctor notices no change or improvement from nonsurgical treatments over the first three to six months, surgery may be recommended. It’s important to note that nerve surgery will not restore normal function and can take years for the nerves to recover. However, a successful surgery can potentially improve function.

When your child suffers from Erb’s palsy, you need to know where to turn for help.
If you or someone you know has a child who has been diagnosed with Erb’s palsy, you should contact one of our experienced Northern Kentucky birth injury attorneys at the law office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

We will review your case to determine what caused the injury.

When a Child Has Cerebral Palsy Resulting from a Kentucky Birth Injury

Fri, 25 Mar 2011 08:00:00 EST

It’s unthinkable, but a birth injury can lead to cerebral palsy. Unfortunately, cerebral palsy can be the result of negligence at the hands of the delivering doctor or other medical staff.

Cerebral Palsy Treatment

There are many types of treatments available for cerebral palsy victims. The main goal is to help the child achieve his or her optimal level of functioning. If your child has cerebral palsy, you can expect to utilize the services of a physical therapist, occupational therapist and/or speech-language pathologist. The medical care required will depend on your child’s specific needs.

Your therapists will expect you to work on your child’s movement and speech skills at home. Often times, they will equip you with special exercises and handling techniques that you can use with your child on a daily basis, at home.

The Costs of Cerebral Palsy

Costs associated with caring for a child who has cerebral palsy are often times greater than what your family can afford. That is why you should speak to an experienced Kentucky birth injury lawyer. A lawyer will evaluate your child’s case to determine what caused your the condition. If a doctor or hospital was to blame, you may be able to recover compensation for medical expenses and more.

For further information, contact one of our experienced Northern Kentucky birth injury attorneys at the law office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

Achilles Tendon Injuries linked to Skechers and toning shoes

Wed, 23 Mar 2011 08:00:00 EST

"They're not for everyone," said board certified podiatrist and surgeon Jason Scott of Jacksonville Foot Clinic and the Foot Clinic of Palatka. "Even though these shape-up shoes require wearers to use more of the gastrocnemius muscle, or the calf muscle located in the back of the leg that can help firm and create more muscle tone, they can increase the workload of the Achilles tendon causing Achilles tendonitis."

That's a painful condition often difficult to alleviate, added Scott.

Read more at Jacksonville.com: http://jaquars.jacksonville.com/news/health-and-fitness/2011-03-23/story/claims-design-shape-shoes-find-support-and-skepticism#ixzz1HQL523De

Toning shoes like Skechers can Cause Bone and Joint Injuries

Tue, 22 Mar 2011 08:00:00 EST

Those with osteoporosis can create a spontaneous fracture with the rocking sensation with subsequent pressure on the tibia or spinal movement. Those with osteoarthritis are likewise putting pressure on weakened joints that might otherwise be protected by different forms of muscle building exercise under guidance such as yoga or Pilates.
Those who already have joint or bone pain and problems may find the issues exaggerated by wearing these shoes. The rolling movement may put undue pressure on ankles, hips, or lower back. Calloused pressure points may be created as the foot learns new ways to compensate in a different gait.

Ohio law firm settles pain pump cases

Tue, 22 Mar 2011 08:00:00 EST

Two young athletes who sued a pain-pump maker after knee surgery reached a settlement with the manufacturer yesterday in U.S. District Court in Columbus.

Colleen McClain and Brittany Hamilton, both 21-year-old Lewis Center residents, reached a confidential agreement with California-based Breg, Inc., attorneys confirmed. A trial in the case was scheduled to begin April4.

Penny Unkraut Hendy, the attorney for McClain and Hamilton, said neither she nor her clients could comment on the settlement, which was negotiated with a federal mediator. She said the settlement will not be made public.

Hendy's law firm has two additional lawsuits against Breg pending in federal court in Columbus for two other young women. Hendy said hundreds of similar lawsuits are pending nationwide.

Is There Proof That Toning Shoes Give You a Better Body?

Fri, 18 Mar 2011 08:00:00 EST

In 2010, Skechers’ sales jumped by 30 percent to more than $2 billion. Many contribute the increase in sales to the successful marketing campaign for their toning shoes, Shape-ups. Skechers claim that Shape-ups can give consumers a better body just by wearing the uniquely shaped sneaker.

Many shoe manufacturers have followed suit by developing their own line of toning shoes. They claim that their products help burn calories, promote weight loss, improve posture and strengthen muscles with every step.

With all of the hype surrounding toning shoes, the American Council of Exercise decided to put these claims to the test. The organization enlisted a team of exercise scientists at the University of Wisconsin to determine the effectiveness of toning shoes. Skecher’s Shape-ups was one of the shoes examined.

The results were not good for toning shoe manufacturers. The study found that there was no evidence to support the claims that toning shoes will help consumers exercise more intensely, burn more calories or improve muscle strength and tone by just wearing toning shoes.

In addition, many medical experts are warning consumers of potential dangers that toning shoes pose to wearers. Toning shoes have rounded soles intended to mimic walking on soft surfaces such as sand. Experts contend that the shoes can be unstable and lead to a foot or leg injury.

The Supposed Secret Behind Toning Shoes

Sat, 12 Mar 2011 08:00:00 EST

Many marketing experts believe that it’s a great concept – simply lace up a pair of uniquely designed toning shoes and the sneakers will help you lose weight, firm up and get in shape without stepping foot inside a gym.

According to toning shoe manufacturer Skechers, which produces Shape-us, it may be that simple. As a matter of fact, Skechers claim in their ads that- “Now you can get in shape without setting foot in a gym.”

So, what’s the secret to the supposed physical benefits of toning shoes? Toning shoes, such as Shape-ups, have a uniquely designed rounded sole that is intended to simulate walking on soft surfaces, such as sand. Every step you take in toning shoes is supposed to utilize more of your leg muscles than other shoes and help you get in better shape.

However, many medical experts are voicing their concerns about the safety of wearing toning shoes. Doctors at Family Foot Clinic are warning consumers who already have existing foot problems not to wear toning shoes.

“It’s a fairly unstable shoe,” Dr. Jonathan Stroebel, a doctor at Family Foot Clinic, said. “Certain problems associated with the shoes can be fairly significant. The main issue with the shoe is the soft heel, forcing the heel in that downward position.”

Toning Shoes Manufacturer Skechers on Both Ends of Lawsuits

Fri, 11 Mar 2011 08:00:00 EST

Toning shoes manufacture Skechers, which produces Shape-ups, has filed a lawsuit against Sears Holdings Corp. for infringing on some of its patents and trademarks, including the toning shoes line. The lawsuit was filed in the United States District Court for the Central District of California seeking damages resulting from the alleged infringements.

"While we value our relationship with Sears, their actions are causing us tremendous damage, and we simply cannot let any company, let alone a company the size of Sears, infringe on our most valuable intellectual property," said Philip Paccione, General Counsel for Skechers.

However, Skechers USA Inc. is no stranger to lawsuits. Recently, 38-year-old Holly Ward filed a lawsuit of her own claiming that her pair of Shape-ups resulted in stress fractures in both of her hips. She claims that her injury has resulted in regular physical therapy.

“The extended use of these shoes has injured me catastrophically,” Ms. Ward said.

Shape-ups, like other brands on toning shoes, feature a unique rounded sole that is supposedly designed to help tone muscles by mimicking walking on soft surfaces, such as sand. However, many experts believe that this unique feature can create instability for wearers and lead to possible foot or leg injuries.

Skechers Responds to ABC About Shape-Up Injury Case

Sun, 06 Mar 2011 08:00:00 EST

Our client, an Ohio woman, has filed a lawsuit against Skechers, which manufactures Shape-ups. She believes that her pair of toning shoes resulted in stress fractures in both of her hips. Holly Ward, 38, says that she now has pins in her hips and her condition requires her to routinely attend physical therapy.

Ms. Ward recently appeared on Good Morning America where she described her injury. Ms. Ward, who worked as a waitress, indicated that she wore the toning shoes for work and after five months, developed severe pain.

“The extended use of these shoes has injured me catastrophically,” Ms. Ward told Good Morning America. “The femoral bone is the strongest bone in the human body and I fractured not one but two of them without being in a car crash or any traumatic incident.”

“Since this lawsuit is brand new, we have not had an opportunity to review Ms. Ward's allegations,” Skechers told ABC. “Millions of people wear Shape-ups without experiencing what Ms. Ward alleges.”

Skechers also told ABC that they would take a closer look at Ms. Ward’s lawsuit before commenting on it.

Skechers claim that their toning shoes, Shape-ups, can help wearers get in shape without stepping foot in a gym. Many consumers have become skeptical of these claims, even showing concern over the possibility that their toning shoes can lead to injuries.

Skechers linked to hip and knee pain in consumer reviews

Fri, 04 Mar 2011 08:00:00 EST

sue January 14th, 2011

I too was in love with my Shape ups, until the right hip, leg and behind the knee pain was unbearable. now 4 months after our break-up I still cant sleep or bearly walk due to the pain. i have an appt with orthopedic dr.. tried chiropractic, nothing is better yet.. I'm just wishing they'd pay for my treatment! I couldn't really afford the $110, but did anyway because i believed them!

Peggy December 28th, 2010

I've been wearing my shape ups about 6 months now. I work in a hospital. Another nurse I work with warned me that she blew out both of her knees wearing shapeups. I kept wearing the shoes because I really liked them and I've never had knee problems. Well, I do now! Not sure what happened, my left knee suddenly started feeling unstable, weak, and it hurts when I bend it. Did I just blow my knee out?!

Barbara Griffith November 19th, 2010

I too purchased the Shape-Ups and am experiencing pain in my right leg up to my hip. I cannot lay on either side. I am going to the chiropractor and also went to see a vascular doctor thinking it might be poor circulation ,etc. I liked wearing the shoes and they were comfortable, but good grief, this pain has been endless. Has anyone recovered?

Toning Shoe Injuries Discussed on Good Morning America

Fri, 04 Mar 2011 08:00:00 EST

While the debate still rages on whether toning shoes can truly get you in shape without stepping foot in a gym, as Skechers claims about their Shape-ups, more consumers are becoming concerned over whether toning shoes can cause serious injuries. One of our clients, an Ohio woman has filed a lawsuit against Skechers claiming that her pair of toning shoes led to hip fractures.

Holly Ward, 38, is suing the sneaker giant claiming that her pair of Shape-ups, which have a distinctive round sole designed to mimic walking on sand, caused her to develop stress fractures in both of her hips. Ms. Ward claims that she now has pins in her hips and is required to attend routine physical therapy sessions.

“The extended use of these shoes has injured me catastrophically,” Ms. Ward said on Good Morning America. “The femoral bone is the strongest bone in the human body and I fractured not one but two of them without being in a car crash or any traumatic incident.”

Skechers’ Shape-ups, which have been endorsed by celebrities, such as reality star Kim Kardashian and former NFL quarterback Joe Montana, have been advertised as being able to help you get in shape just by walking and able to reduce pain.

Skechers Lawsuit filed by Ohio woman; story on ABC Good Morning America

Fri, 25 Feb 2011 08:00:00 EST

An Ohio woman has filed the first lawsuit against Skechers for injuries sustained as the result of wearing their toning shoes she alleges. The shoes are called Shape-ups and she is represented by Ron Johnson, an attorney in Kentucky. The full story was reported on Good Morning America.

Hydrocephalus: Know the Signs of this Kentucky Birth Injury

Fri, 25 Feb 2011 08:00:00 EST

Every parent’s worst nightmare is to learn that their child has suffered a Kentucky birth injury. Unfortunately, this nightmare is a reality for too many families.

There are many types of birth injuries that a newborn can suffer, including hydrocephalus. Hydrocephalus occurs when there is an abnormal accumulation of cerebral spinal fluid (CSF) due to the brain’s inability to absorb or drain the CSF through the brain’s ventricles.

Hydrocephalus is a serious condition that often presents itself at birth. In some cases, hydrocephalus is not immediately detected by doctors, resulting in serious complications to the baby. It can even prove fatal.

If you are a new parent, you should be aware of the physical symptoms indicating that your child may be suffering from hydrocephalus. These symptoms include:

Increasing head circumference
A soft spot at the top of the head
Seizures
Large and bulging eyes
Very evident scalp veins

A child with hydrocephalus may also show behaviorial symptoms, including:

Increased irritability
High-pitched crying
Poor feeding habits
Projectile vomiting
Abnormal sleepiness
Developmental delays

If your child has suffered from hydrocephalus and you think the doctor may have been negligent, you should contact one of our experienced Northern Kentucky birth injury attorneys at the law office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

Gray's Anatomy Episode features injury from toning shoes like Skechers

Fri, 25 Feb 2011 08:00:00 EST

In yet another example of art imitating life, the ABC drama Gray's Anatomy featured subplot about one of the characters receiving multiple injuries from wearing toning shoes. It is clear that the public is becoming more aware of the problems associated with wearing toning shoes like Skechers Shape-ups and even Hollywood has taken note.

Attorney Ron Johnson on Good Morning America to discuss toning shoe injury

Fri, 25 Feb 2011 08:00:00 EST

Attorney Ron Johnson was recently interviewed on the ABC morning news program Good Morning America to discuss a case where his client allegedly suffered stress fractures in both hips after wearing Skecher Shape-ups, a popular brand of toning shoes.

Ron's comments focused on the fact that Skechers does not cite to any safety studies it performed before marketing and selling a shoe to the public that is designed to make the foot unstable and dramatically changes the way humans walk.

Woman Files Suit Against Skechers Claiming Toning Shoes Caused Hip Fractures

Thu, 24 Feb 2011 08:00:00 EST

Skechers, the manufacturer of Shape-ups, is being sued, after a woman claims that the manufacturer’s toning shoes caused painful stress fractures in her hips. Our law firm is representing the plaintiff, Holly Ward, a 38-year-old Ohio resident. She now has surgical pins in both of her hips due to wearing Shape-ups for extended periods of time.

Ms. Ward apparently developed severe pain after five months of wearing her Kim Kardashian endorsed toning shoes for work. The injury to the waitress eventually resulted in surgery and she now states that she is required to attend regular physical therapy sessions as a result.

“The extended use of these shoes has injured me catastrophically,” said Ms. Ward. “The femoral bone is the strongest bone in the human body and I fractured not one but two of them without being in a car crash or any traumatic incident.”

Many consumers have been drawn to Skechers’ toning shoes, which claims that their product can help you get in shape without having to go to the gym. Shape-ups have rounded soles and are designed to mimic the effect of walking on soft sand. Sketchers claim that Shape-ups help tone legs and thighs with every step.

Ms. Ward’s case is not isolated, as there have been many more reports of injuries from toning shoes.

Woman Breaks Her Fibula While Wearing Toning Shoes

Sat, 19 Feb 2011 08:00:00 EST

Toning shoe manufacturers, such as Skechers, claim that the rolling action created by the unique design of their exercise shoes will tone leg and gluteal muscles by just wearing them.

Toning shoes, such as Skechers Shape-ups and MBT (Masai Barefoot Technology) shoes, feature a curved sole with the lowest part in the middle of the foot. Toning shoes are designed to mimic walking barefoot on soft, uneven ground, such as sand.

However, with critics continuing to surface and challenge these claims, many more are voicing their concerns over the potential hazards toning shoes pose to wearers. Many medical experts suggest that the unstable design of toning shoes can lead to a serious foot, leg and Achilles heel injury for many consumers.

Recently, 54-year-old Maxine Ostwald, an experienced exerciser, turned her ankle and fell while wearing a pair of MBT toning shoes. Ms. Ostwald fell as she stepped down into her kitchen leaving her with a fractured fibula. She spent three to four weeks in a plaster cast.

“I’m giving up on MBT’s,” said Ms. Ostwald. “I’m far too frightened to put them on again. Apart from anything else, you are falling from a greater height than you would in normal shoes.”

Kentucky Newborn Clavicle Fracture Birth Injuries

Sat, 19 Feb 2011 08:00:00 EST

A Kentucky birth injury can happen at anytime and be the result of a number of factors. A birth injury can leave parents reeling and wondering what rights they have, if the birth injury was the result of negligence on behalf of the doctor or hospital staff.

Newborn Clavicle Fracture

One type of birth injury that can happen during the birthing process is a newborn clavicle fracture. This is a common birth injury that typically occurs during a more difficult and strenuous birth and can leave a newborn with a fractured collarbone.

In many instances, the baby’s shoulders become stuck at the mother’s pubic bone. A newborn clavicle fracture can occur when the delivering doctor is required to use forceps or a vacuum to help the baby out of the birth canal.

The delivering physician may be required to apply force to extract the newborn. The pulling force can result in the breaking of the baby’s clavicle.

Your Rights

Unfortunately, in many cases, the birth injury is overlooked and can lead to future problems for the child, since the injury may not properly heal. An experienced Kentucky birth injury attorney can help you hold the negligent parties liable for your child’s injury.

If you or someone you know has a child who has suffered a newborn clavicle fracture, you should contact one of our experienced Northern Kentucky birth injury lawyers at the law office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

Skechers Sued for Injuries Caused by Shape-up Shoes

Thu, 17 Feb 2011 08:00:00 EST

Skechers, the maker of Shape-Ups toning shoes, is being sued by a woman who claims the shoes severely injured her body. Holly Ward wore the shoes at work and during her leisure time for five months before developing severe pain in her hips. It turns out she obtained stress fractures in both of her femur bones. The femur, incidentally, is the largest and heaviest bone in the body; fracturing that bone is no small feat.

I warn of the dangers of these types of shoes in The Barefoot Book.

Skechers Shape-Ups are modeled after the MBT shoe. Both shoes possess a rounded sole that purportedly offers a workout just by wearing them. Scientific studies have shown that MBT shoes work muscles differently, but there's no evidence that these shoes ‘tone' your body, especially the buttocks which are undoubtedly the focus of consumers. However, it is obvious (or at least should be obvious) to anyone who knows anything about the biomechanics of human ambulation that these shoes are dangerous. Not only are MBT and Skechers unstable to the point of risking falls, they alter the human gait so dramatically that injuries are bound to happen. Just ask Holly Ward.

How do toning shoes alter the human gait? They convert the natural stepping motion into a rolling motion. Unfortunately, this is not really unique to toning shoes; virtually all shoes make this conversion, but toning shoes take the ‘rolling step' to the extreme.

I hope this lawsuit will educate more people to the hazards of toning shoes. Perhaps this will move us one step closer to having warning labels put on shoes that dramatically alter gait.

Skechers Blamed for Hip Fracture Injury

Thu, 17 Feb 2011 08:00:00 EST

Amazon.com
Skechers Shape-up shoes claim they can tone your legs, but one woman is saying they injured hers.

Ohio resident Holly Ward has filed a lawsuit against the company stating that she developed stress fractures in both hips as a result of wearing the shoes.

Ward said that she wore the toning shoes during her job as a waitress and, after five months, developed severe pain in her hips. According to the lawsuit, the 38-year-old had no previous injuries and had a healthy bone density of a young woman, thereby alleging that the shoes were the culprits of her stress fractures.

The Shape-ups are a part of the company's more than 3,000 styles of shoes. Their technology includes a soft kinetic wedge insert and rolling bottom to simulate walking on soft sand. There are different variations of the Shape-ups, including those made for walkers, runners, hikers and gym goers.

There is also a "for-work" Shape-up shoe, which the company's website states is "perfect for industry professionals who want to get in shape while on the job." These shoes are advertised to help reduce joint stress (among other things like burning calories, tightening abdominals and strengthening the back), which is the very nature of Ward's injuries and resulting lawsuit.

"We do not know of any testing or safety studies that Skechers did to determine safety," Ward's attorney, Ronald Johnson, told ABC news. "If they're going to invent a whole new way for a human being to walk, the very first thing they should do is studies to make sure that's not going to harm their customers."

More Concerns About Toning Shoes

Wed, 16 Feb 2011 08:00:00 EST

As the popularity of toning shoes continues to skyrocket, the debate still rages over whether toning shoes, such as Shape-ups manufactured by Skechers, really deliver on their promises.

Many toning shoe manufacturers are touting toned thighs, firmer buttocks and a slimmer waistline just by wearing their sneakers. Skechers has even gone as far as to imply that you can get in shape just by wearing their Shape-ups without having to step foot inside a gym.

Though, many critics dismiss these claims, there seems to be more concern over the potential safety issues associated with toning shoes. Critics are concerned that warnings of the potential hazards of falling while donning a pair of toning shoes have been neglected. Many medical experts are concerned that the unstable design of the shoes might put some wearers at risk of suffering a serious foot or Achilles heel injury.

Judith Halek, 55, of New York, fractured her left fibula while wearing a pair of Skechers Shape-ups. Ms. Halek fell after her foot turned inwards as she stepped from a concrete sidewalk onto the road.

“I was carrying some cases that were not huge, but bulky,” said Ms. Halek. “I was calm and relaxed, I wasn’t hurrying. I stepped out with my left foot and my ankle just caved in on itself.”

Skechers Lawsuit Claims Toning Shoes Caused Broken Bones

Mon, 14 Feb 2011 08:00:00 EST

Attorney Ron Johnson from law firm of Schachter, Hendy & Johnson filed the lawsuit in federal court in Cincinnati, Ohio. The lawsuit alleges that the Plaintiff, a 37 year old woman, suffered broken bones in both of her hips after wearing Skechers Shape-ups to exercise and wear to work.

Claims by Toning Shoes Manufacturers Create Even More Questions

Sat, 12 Feb 2011 08:00:00 EST

Millions of Americans are faltering on their New Year’s resolutions to lose weight and get in shape. Many purchased gym memberships and committed to a vigorous workout program with the intention of losing pounds. Others turned to toning shoes to do the work for them.

The belief is that toning shoes can help you burn calories and sculpt leg muscles just by wearing the sneakers around town. Many are under the impression that their toning shoes will deliver firmer calves and firmer buttocks with every step.

A great deal of this hype can be attributed to claims that toning shoe manufacturers, such as Skechers, have made. These claims lead consumers to believe that they can get in shape without stepping inside a gym.

Skechers, which produces Shape-ups, claims in their ads: “Now you can get in shape without setting foot in a gym.”

Skechers Shape-ups, along with two other brands of toning shoes, were put to the test by University of Wisconsin researchers and the American Council on Exercise. The study concluded that there was no significant difference in muscle activity in the calves, quads, back and abs for those who wore toning shoes during the study.

The claims have raised the question as to whether toning shoe manufacturers are exaggerating their products’ health benefits. Some are even looking to the Federal Trade Commission (FTC) to launch an investigation. The FTC has yet to disclose if any investigations are currently underway.

First Toning Shoe Injury Lawsuit filed against Skechers

Fri, 11 Feb 2011 08:00:00 EST

The lawsuit was filed by attorney Ron Johnson from the lawfirm of Schachter, Hendy & Johnson in the Cincinnati, Ohio area. Co-counsel for the lawsuit was Jay Vaughn from Florence, Kentucky firm of Busald, Funk & Zevely. The lawsuit alleges that the Plaintiff suffered stres fractures in both hips from wearing the Skecher Shape-up toning shoes.

Toning shoes, including Skechers Shape-ups, are marketed and promoted to the public as a product that will provide numerous health benefits to those who wear the shoes. The shoes are marketed and promoted to be worn in place of other athletic shoes during daily activities, exercise routines, and in the workplace. Skechers Shape-ups slogans include: "Shape Up While You Walk" and "Shape Up While You Work."
Toning shoes are designed to change the way humans walk. According to the brochure that accompanies the Skechers Shape-ups brand of toning shoes, "the core of this technology is in the dynamic rolling bottom, soft foam insert under the heel, and the dual density midsole. These three elements work together to give you the feeling of walking on soft sand-regardless of the actual surface."1 Therefore, by design, toning shoes alter gait mechanics and are designed to create instability.
It is well established in the medical literature that changing one's gait and/or walking on soft and uneven surfaces can cause chronic injuries, including but not limited to: stress fractures; joint injuries; and tendon and ligament injuries. Shoes that create instability can and do cause falls. Despite this information and numerous complaints to the company, Skechers and other toning shoe manufacturers have marketed and promoted this footwear without performing any tests to determine the safety of the product. In disregard of the well-known risks, toning shoe manufacturers, through their promotional materials, represent and warrant to the general public that walking regularly in toning shoes will provide many orthopedic, muscle and cardiovascular benefits.

Toning Shoes May Not Be For Everyone

Thu, 03 Feb 2011 08:00:00 EST

Toning shoes, such as Shape-ups, which are manufactured by Skechers, may not be for everyone. Though, many shoe manufacturers claim that their toning shoes can improve your health just by wearing them, many experts are warning wearers of certain inherent risks to the popular shoes.

The hype has left consumers wondering whether toning shoes can truly slim down thighs, firm buttocks and tone calf muscles without having to step inside a gym. Skechers has even gone as far as claiming in their ads: “Now you can get in shape without setting foot in a gym.”

The jury is still out on whether toning shoes can deliver on those promises. Many remain skeptical. In the meantime, some medical experts have issued warnings that toning shoes may not be medically safe for everyone.

Consumers who suffer from tightened Achilles tendons or heel cords are warned that wearing toning shoes can intensify muscle problems and lead to serious injuries. Wearers should understand that toning shoes are not made for comfort, but for the purpose to exercise muscles.

Consumers are also encouraged to make sure that they stretch properly before exercising in toning shoes. This can help reduce their risk of suffering a foot injury while wearing the unique sneakers.

Northern Kentucky Spinal Cord Birth Injuries

Mon, 31 Jan 2011 08:00:00 EST

Millions of babies are born in United States hospitals each year. Parents expect that they and their children will be safe and have full confidence in the doctor and medical staff who are assisting them.

Unfortunately, things can go wrong during the birthing process. A birth injury can occur leaving your child with a spinal cord injury. In many instances, the injury could have been prevented.

A spinal cord injury can occur if a baby is in an abnormal position, such as breech. Because the baby’s spine is susceptible to injury during these moments, doctors have been trained in specified procedures that reduce the risk of injury to the baby.

However, there are situations where the doctors and medical staff fail to exercise proper care and techniques resulting in a spinal cord injury to the baby.

If your baby is a victim of a birth injury, you may be able to hold the negligent parties liable. You will have to prove that the medical staff and hospital were negligent and that their actions led to your child’s birth injury. This is a difficult process. That is why you should speak to an experienced Northern Kentucky birth injury attorney. He or she can help you receive the best settlement possible.

If you or someone you know has a child who has suffered a spinal cord injury during birth, you should contact one of our experienced Northern Kentucky birth injury attorneys at the law firm of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

Toning Shoes & Broken Ankles

Wed, 26 Jan 2011 08:00:00 EST

Suffering a broken ankle or a broken foot can have a lasting effect on your ability to perform everyday household activities, as well as keep you from performing your duties at work. You might even experience a loss in wages resulting in financial hurdles.

If you think that you have broken your ankle or foot while wearing toning shoes, you should look for symptoms that include immediate and throbbing pain, swelling, deformity, bruising and tenderness, to name a few.

Toning Shoes May Cause Broken Ankles
There have been many reports of consumers who claim they broke their ankles or feet while wearing toning shoes, such as Skechers Shape-ups. It is important to understand that if you were injured from one of these products, you may be able to hold the shoe manufacturer responsible. That means you may be able to recover compensation for your injuries. It is imperative that you speak to an experienced Kentucky personal injury attorney for advice. A lawyer can help you build your case and hold the responsible party liable for your injury and any losses.

Toning Shoe Injuries
If you or someone you know has suffered a broken ankle or a broken foot from Skechers Shape-ups or other toning shoes, you should contact one of our experienced Northern Kentucky personal injury attorneys at the law office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297. We will review your case and explain your legal options.

New Balance Facing Class Action Suit Over Toning Shoes

Sun, 23 Jan 2011 08:00:00 EST

Toning shoes have taken America by storm. Shoe manufacturers, such as Skechers, claim that their specialty sneakers can help wearers get in shape without having to step foot in a gym. Many consumers are left believing that toning shoes can do the exercise for them.

Skechers, which produces Shape-ups, has gone as far as making these calms in their ads. Skechers’ ads claim: “Now you can get in shape without setting foot in a gym.”

New Balance Involved in Class Action
However, many are contending those claims. New Balance, Inc. is facing a class action lawsuit, which accuses the shoe manufacturer of false advertising, breach of express warranty and unjust enrichment for their toning footwear ads. The complaint alleges that New Balances’ ads omit concerns that some scientists have raised about the safety of their toning shoes.

There have also been some in the medical field that have issued warnings that toning shoes can result in a serious foot or leg injury.

Dr. John Giurini, Chief of Podiatric Surgery at Beth Israel Deaconess Medical Center, implies that consumers should take into account their unique foot structure before choosing any type of exercise shoe. He also explains that a person’s foot structure can change as they get older and that factor should be taken into account before choosing a pair of sneakers.

Hurt by toning shoes?
If you have been injured while wearing toning shoes, you may be able to recover compensation. Learn more about your rights by calling an experienced Northern Kentucky personal injury attorney at the Law Office of Schachter, Hendy & Johnson. You can reach us by calling (859) 578-4444 or (888) 606-5297.

No Convincing Evidence That Toning Shoes Work

Sat, 22 Jan 2011 08:00:00 EST

Shoe manufacturers, such as Skechers, are dominating the advertising market with the intent to lure consumers into purchasing their toning shoes. They are making claims that their products can help you get in shape without having to step inside a gym.

Many consumers are left wondering if these claims could possibly be true. Consumers wonder if toning shoes can really make their legs and buttocks toner just by wearing them.

According to the numbers provided by the market-research group NPD Group, the ads have been a huge success. In the first three quarters of 2010, consumers spent approximately $579 million on toning shoes, which is up from $145 million for all of 2009.

Toning shoes are specifically designed to simulate walking barefoot or walking on an uneven surface, such as sand. Manufacturers claim that the unstable shoe design forces wearers to use their leg muscles more, resulting in toner muscles and more calories spent with every step. However, many medical experts are skeptical.

“Despite the claims, there is no convincing evidence that wearing toning shoes will make your legs more toned or cause you to burn extra calories,” says Edward R. Laskowski, M.D.

Hurt by toning shoes?
If you have been injured while wearing Skechers Shape-ups, you may be able to recover compensation. Learn more about your rights by calling an experienced Northern Kentucky personal injury attorney at the Law Office of Schachter, Hendy & Johnson. You can reach us by calling (859) 578-4444 or (888) 606-5297.

Toning Shoes Offer Gym-Free Workout, But They're Not Risk-Free

Fri, 21 Jan 2011 08:00:00 EST

Tired of the early morning workouts at your local gym? Tired of the achy feeling that lifting weights and running on the treadmill leave you? Then, let your shoes do your exercising for you.

That’s what many toning shoes manufacturers claim that their products can do for you. Many claim that you will be the recipient of better legs, toner buttocks and experience a loss of weight just by wearing a pair of their toning shoes. However, toning shoes are not without risk.

Skechers, which produces Shape-ups, is among those that have made similar claims. They tout in their ads that “Now you can get in shape without setting foot in a gym!”

Skechers Shape-ups are designed with kinetic-wedge heel inserts and rolling bottoms that are meant to simulate walking on the sand. The unique designed is supposed to help tone leg, back and abdominal muscles with every step, but these shoes have also been causing injury.

Consumers appear to be buying into the hype. According to the market-research company, NPD Group, sales for toning shoes reached $579 million in the first three quarters of 2010, up from $145 million for all of 2009.

Toning shoes are dangerous.
Toning shoes are not without their share of critics. According to a American Council on Exercise study published by the University of Wisconsin-LaCrosse, toning shoes, such as Shape-ups, provide no “statistically significant increases in either exercise response or muscle activation” and that “there is simply no evidence to support the claims that these shoes will help wearers exercise more intensely, burn more calories or improve muscle strength or tone.”

Victory in Ohio Pain Pump Case for knee chondrolysis

Fri, 21 Jan 2011 08:00:00 EST

On January 20, 2011, Judge Graham of the United States District Court for the Southern District of Ohio in Columbus entered an Order denying summary judgment in favor of the manufacturer of a pain pump that caused injury to two young female athletes. Breg manufactured the pain pumps that infused local anesthetic into the joint space of the knees of the two Plaintiffs. Plaintiffs filed a lawsuit alleging that Breg knew this use of their product was denied on multiple occassions by the FDA, yet marketed and promoted to doctors for this use anyway. Breg asked the Court to dismiss the case on the grounds that they had no duty to warn doctors against this dangerous use of their product. In denying the motion to dismiss the case, the Court noted that:

"Insofar as Ohio Rev. Code 2307.75 imposes liability for defective design based on a risk benefit analysis in which the risk is defined as "foreseeable" and a balancing which includes "the nature and magnitude of the risks of harm" and "the likelihood that the design or formulation would cause harm" and the extent to which the design is "more dangerous than a reasonably prudent consumer would expect" it seems clear that the plaintiffs' evidence described above could also lead a reasonable jury to find that defendant's product was defective in design."

Do Toning Shoes Deliver on Promises?

Sat, 15 Jan 2011 08:00:00 EST

Toning shoes have become the latest craze in the billion-dollar sneaker industry. Many people discovered toning shoes underneath the Christmas tree last month. Consumers wonder if toning shoes, such as Skechers’ Shape-ups, deliver on claims made in toning footwear ads.

Toning shoe ads claim that wearers will experience the strengthening of leg muscles and calorie reduction just by wearing the shoes. However, a study published by the University of Wisconsin-LaCrosse in the American Council on Exercise cites that toning shoes, such as Shape-ups, provide no “statistically significant increases in either exercise response or muscle activation.”

Skechers’ ads claim: “Now you can get in shape without setting foot in a gym.” Their website states that “Shape-ups will help you “Shape Up While You Walk.”

The American Council on Exercise concludes that “there is simply no evidence to support the claims that these shoes (toning shoes) will help wearers exercise more intensely, burn more calories or improve muscle strength or tone.”

Some scientists and medical professionals even warn consumers of certain risks associated with wearing toning shoes. They indicate that walking around in them may be fine but that toning shoes are not meant for activities such as tennis or step aerobics and can lead to a serious foot and leg injury.

New Balance Faces Lawsuit over Toning Shoe Ads

Fri, 14 Jan 2011 08:00:00 EST

New Balance Inc. faces a class action lawsuit over ads pertaining to their Truebalance toning shoes line. The suit accuses the show manufacturer of making false claims in regards to the benefits that their toning shoes offer wearers.

The suit was filed in the U.S. District Court for the District of Massachusetts by consumer Bistra Pashamova. The suit was filed on behalf of any consumers who have purchased New Balance Truebalance toning shoes or any of the other toning footwear lines manufactured by New Balance Inc.

The suit is a result of ads by New Balance claiming that their toning shoes can result in 29 percent more total muscle activation as well as a 10 percent increase in calorie burning. New Balance is accused of false advertising, breach of express warranty and unjust enrichment for their toning footwear ads.

The suit alleges that scientific studies, such as the one conducted by the University of Wisconsin-LaCrosse that was published in the American Council on Exercise, do not support the claims made by New Balance’s ads. The complaint also alleges that the shoe manufacturer’s ads omit concerns that some medical professionals have raised concerning the safety of toning shoes.

Truebalance toning shoes cost at least $85 and the flip-flops cost around $45. The suit is seeking to recover the costs of the footwear on behalf of the consumers.

Toning shoe lawsuit for injury seeks 5 Million

Thu, 13 Jan 2011 08:00:00 EST

The claims against New Balance are for an injury which was the outcome of the instabilities which the shoes created. It would appear that New Balance neglected to mention that anyone who is naturally unstable - either physically or mentally - be become unstable when wearing instability inducing shoes. Maybe this was an oversight by New Balance. Instabilities lead to instability which leads to injuries which lead to lawsuits. According to Tina Wolfson, Pashmova's attorney, "There is a concern in the medical field that, because these shoes keep you off balance, for certain people who are otherwise prone to specific types of injuries such as hamstring injuries and ankle injuries, wearing (them) may exacerbate that". She goes on to say that "Our allegation is that New Balance should reveal that in their advertising.".

Toning Shoes: It's All in the Design

Wed, 29 Dec 2010 08:00:00 EST

Wouldn’t it be great to be able to get in shape without having to go to the gym? That’s what Skechers claims that their Shape-ups toning shoes can do for you.

According to their website: “Now you can get in shape without setting foot in a gym.”

Other toning shoes manufacturers have made similar claims. You might be wondering if the claims are true and how a pair of sneakers can improve your muscle strength and tone. For starters, there is considerable debate over the physical benefits to wearing toning shoes. Some fitness specialists have even gone as far as to warn wearers of potential dangers to strapping on toning shoes.

However, the thinking behind the design is simple. The concept of toning shoes is based on a rocker bottom outsole. The rounded soles resemble a rocking chair and supposedly stretch the wearer’s muscles with each stride they take.

The problems lie in the fact that toning shoes are purposely designed to be unstable. This can create all sorts of issues for wearers who have poor balance or muscle weakness. They can become more vulnerable to falls resulting in injuries.

If you or someone you know has been injured by wearing toning shoes, you should contact one of our experienced Northern Kentucky personal injury attorneys at the law office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

What You Should Know About Toning Shoes

Wed, 29 Dec 2010 08:00:00 EST

Toning shoes have become the latest craze in the shoe industry. Sales are expected to reach $1.5 billion this year for the uniquely designed sneaker that supposedly can help you improve muscle strength and tone by just walking around in them.

Shoe manufacturer Skechers touts on their website that their Shape-ups can help you: “Get in shape without setting foot in a gym.”

It would be nice if we could all get in better shape just by wearing a pair of special shoes. However, according to a recent American Council on Exercise study, toning shoes fail to live up to the promises made by shoe manufacturers, such as Skechers and Reebok.

Health Experts Don’t Agree With Shoe Makers
Some health experts have even gone as far as suggesting that toning shoes, also called wellness shoes and rocker bottom shoes, may actually increase your chances of sustaining an injury.

Toning shoes feature rounded soles resembling a rocking chair. The shoe design is supposed to stretch your muscles with each stride you take.

Toning Shoes Are Unstable
However, toning shoes are purposely built unstable. The instability of the shoes may increase the risk of an Achilles heel injury, a stress fracture or a fall injury. Many experts are especially concerned about the elderly and people with balance problems.

If you or someone you know has been injured while wearing a pair of toning shoes, you should contact one of our experienced Northern Kentucky injury attorneys at the law office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

What Shoe Manufacturers Are Claiming About Toning Shoes

Mon, 27 Dec 2010 08:00:00 EST

Sales for toning shoes are expected to reach $1.5 billion this year. The fast-growing popularity in the uniquely designed shoes has been attributed to the claims that many shoes manufacturers, such as Skechers and Reebok, have made concerning the benefits that their toning shoes offer wearers.

Here are the claims:

Skechers: “Four clinical studies in the U.S. and Japan show that Shape-ups increase muscle activity and energy consumption over standard fitness shoes!”
Reebok EasyTone: “It’s the shoe proven to work your hamstrings and calves up to 11 percent harder. And tones your butt up to 28 percent more than regular sneakers just by walking.”
Masai Barefoot Technology (MBT): “Helping solve knee and back problems, relieve tension in the neck, ease joint pains—and more or less in passing help to tone and shape firm buttocks and thighs. And burning more calories when standing and slow running compared to ordinary shoes.”

Even NFL great Joe Montana has gotten onboard by becoming a spokesperson for Skechers Shape-ups.

Are the claims too good to be true? Each of the above mentioned manufacturers cite their own studies “proving” the benefits that wearers can expect by donning their products.

However, the American Council on Exercise’s chief science officer Cedric Bryant, Ph. D., warns consumers to be cautious of studies sponsored by shoe manufacturers. He warns that these studies may not be peer-reviewed and of questionable design.

Consumer Safety Alert: Report Skechers Toning Shoe Injuries

Tue, 21 Dec 2010 08:00:00 EST

There have been dozens of reports from buyers of toning shoes, including Skechers Shape-Ups, that the shoes cause injuries including stress fractures and broken bones from falls. The Consumer Product Safety Commission is seeking reports from those who have been injured by defective or dangerous products. The Commission has an easy on-line form for reporting these injuries. Consumers who have suffered an injury while wearing Skecher or other toning shoes can report their injury at the following link: https://www.cpsc.gov/cgibin/incident.aspx

Potential Dangers to Wearing Toning Shoes

Tue, 21 Dec 2010 08:00:00 EST

Not only have toning shoes become the latest craze; they have also become the fastest-growing segment in to footwear industry. Shoe manufacturers, such as Skechers and Reebok, are expecting to benefit from the $1.5 billion in toning shoe sales this year.

Many have attributed the growing popularity of toning shoes, or wellness shoes, to the claims shoe manufactures have made, such as Skechers’: “Get in shape without setting foot in a gym.” Consumers are left with the impression that Skechers Shape-ups can help them become physically fit without having to spend long hours in the gym.

Fitness Specialists Don't Buy It
Not only have many fitness specialists refuted those claims, especially coming on the heels of a recent American Council on Exercise study that found that toning shoes fail to live up to the promises made by shoe manufacturers, but many are warning of potential dangers to wearing toning shoes.

“There’s major risks, especially for adults,” said David M. Davidson, national president of the American Academy of Podiatric Sports Medicine.

Mr. Davidson claims to have treated patients who have developed Achilles tendonitis and stress fractures allegedly caused by wearing toning shoes.

Many attribute the problems to the “rocking chair” design of the toning shoes citing that it creates instability.
“Creating instability, on adults especially, is not a good thing,” said Mr. Davidson.

Injured By Toning Shoes?
If you have been injured while wearing toning shoes, contact an experienced Northern Kentucky injury lawyer at the Law Office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

Controversy Over "Toning Shoe" Claims

Mon, 20 Dec 2010 08:00:00 EST

Sales for toning shoes, such as Skechers Shape-ups, are expected to reach $1.5 billion this year. That is a staggering 500 percent jump from the previous year.

Why the increase in popularity? Perhaps it’s the fact that many consumers are buying into the claims made by shoe manufacturers that toning shoes, or wellness shoes, can do the impossible. They can help you get in shape without having to step foot in a gym.

Part of Skechers’ promotional campaign includes slogans such as: “Change your life” and “Get in shape without setting foot in a gym.”

However, many fitness specialists are warning consumers that toning shoes may not live up to the hype. The American Council on Exercise released a study showing that toning shoes fail to live up to the promises made by shoe manufacturers, such as Skechers and Reebok.

“Toning shoes appear to promise a quick-and-easy fitness solution, which we realize people are always looking for,” said Cedric X. Bryant, the council’s chief science officer. “Unfortunately, these shoes do not deliver the fitness or muscle toning benefits they claim. Our findings demonstrate that toning shoes are not the magic solution consumers were hoping they would be.”

The majority of the toning shoes on the market are geared toward female consumers. However, many shoe manufactures are anticipating rolling out newer designs to target the male market.

ACE Study Finds Little Benefit to Wearing Skechers Shape-Up Shoes

Tue, 14 Dec 2010 08:00:00 EST

The New Year can mean only one thing – New Year’s resolutions. Many Americans are considering the ever popular commitment of getting in shape in the upcoming year.

In addition, many Americans are looking to toning shoes, such as Skechers’ Shape-ups, to help them get in shape instead of regularly visits to the gym. That is because many people are buying into the hype that toning shoes can help them get into shape without having to workout in a smelly and crowded workout facility.

As a matter of fact, Skechers claims in their ads: “Now you can get in shape without setting foot in a gym.” Their website boasts that Shape-ups will help you tone your butt, leg and abdominal muscles, burn calories, fight cellulite, improve your posture and circulation and reduce knee joint stress.

A recent American Council on Exercise (ACE) study contradicts these claims. The study shows that toning shoes, such as those manufactured by Skechers, Reebok and Masai Barefoot Technology, lack a significant increase in health benefits for those who wear them.

“There is simply no evidence to support the claims that these shoes will help wearers exercise more intensely, burn more calories or improve muscle strength and tone,” says ACE.

Skechers, among other toning shoe manufactures, cite research showing beneficial effects of wearing their products.

Many experts claim that there is no substitute for good old fashion exercise.

Skechers Toning Shoes Risk for Injuries Falls Reports Might Fit Review

Tue, 14 Dec 2010 08:00:00 EST

The Might Fit Review, a well respected fitness blog, determines that toning shoes like Skechers are not worth the risk they pose for falls and risks to ankle, hip and knee joints:

"My concern along the lines of podiatry is that the footbed provides no structure, so if you have issues like hyperpronation or supination, these shoes could be very bad. Furthermore, the soft, deep footbed leaves all the joints balancing on it unsupported, which spells trouble for any existing issues with foot, ankle, knee and hip joints. I have a kinky knee, and I reach for my neoprene brace for walks in these shoes. Because of these issues, these shoes cannot be worn for long periods and should absolutely not become your everyday footwear."

If you have suffered an injury as the result of wearing toning shoes such as Skechers Shape-Ups, you should contact an attorney immediately.

Skecher Risk Broken Ankle from Fall

Tue, 14 Dec 2010 08:00:00 EST

On thew website About.com, a customer reported the following injury while wearing Skechers shoes:

"I liked them but I fell and broke my left ankle after my foot fell asleep in class. I fell to the left and because the heels are high it snapped my ankle completely away from the ligaments and fragmented as well. Very Painful."

Report Injuries and Falls from Skechers Toning Shoes

Tue, 14 Dec 2010 08:00:00 EST

if you have been injured while wearing toning shoes such as Skechers Shape-Ups, you should report this injury to the Consumer Product Safety Commission. You can do so at the following link:

https://www.cpsc.gov/cgibin/incident.aspx

Injuries, including broken legs, hips, knees, and ankle joints, have been reported from wearing toning shoes like Skechers Shape-Ups.

Skechers shoes cause broken ankles

Tue, 14 Dec 2010 08:00:00 EST

On About.com, a woman who purchased Skechers Toning Shoes in April reported two broken ankles after the shoes caused her to to fall and suffer injury.

What Does Study Mean for Skechers' Shape-Up Shoes?

Sat, 11 Dec 2010 08:00:00 EST

Imagine not having to spend those long hours in the gym to get in shape. That’s what shoe manufacturer giant Skechers is claiming about their Shape-ups toning shoes.

According to their ads: “Now you can get in shape without setting foot in a gym.” Also, according to their website, Shape-ups will help you “Shape Up While You Walk.”

However, many skeptics have made their opinions known, including the American Council on Exercise (ACE), which asked a team of exercise scientists from the University of Wisconsin, La Crosse to study the shoes and examine similar claims made by other shoe manufacturers, such as Reebok and Masai Barefoot Technology (MBT).

The ACE study reveals that there is no significant health benefit to wearing toning shoes. “Across the board, none of the toning shoes showed statistically significant increases in either exercise response or muscle activation during any of the treadmill trials,” said ACE. “There is simply no evidence to support the claims that these shoes will help wearers exercise more intensely, burn more calories or improve muscle strength and tone.”

In response, Skechers has indicated that they have competent and reliable scientific evidence that supports certain benefits to wearing their Shape-Ups shoes.

It is unclear as to how this new study will impact Skechers’ bottom line.

Injury Precautions for Toning Shoes

Wed, 08 Dec 2010 08:00:00 EST

Resources for Life story about the injury precautions that one needs to take with toning shoes.

Concerns Over Skechers "Shape-ups" Toning Shoes

Tue, 30 Nov 2010 08:00:00 EST

Skechers has become an industry giant in the “toning shoes” market. They are making money hand over fist with the development of their “Shape-ups” toning shoes.

According to their ads: “Now you can get in shape without setting foot in a gym.”

Skechers’ website says Shape-ups will help you “Shape Up While You Walk” by toning your butt, leg and abdominal muscles, burning calories, fighting cellulite, improving your posture and circulation and reducing knee joint stress.

However, many are not buying into the hype, including many medical professionals who are issuing warnings to people who are wearing toning shoes.

According to Eric Heit, DPM, one of his patients, Brenda Mora, who walks on a concrete floor all day at her job, claimed that her knees and lower back started to hurt as soon as she started wearing the Shape-ups shoes.

“They were really wobbly and you could easily trip with them,” Moa says. “I felt like I was drunk all the time. I’m not a fan of these shoes. I wouldn’t buy another pair.”

Venus Morga, of California, recently filed a class action lawsuit against Skechers claiming that she did not experience any of the promised benefits after wearing a pair of Shape-ups. Her complaint also alleges that some people have been injured by wearing the Skechers toning shoes.

Concerns Over Reebok's "EasyTone" Toning Shoes

Mon, 29 Nov 2010 08:00:00 EST

“Toning shoes” have dominated the $17 billion-a-year athletic footwear industry. Toning shoes are expected to reach $1.5 billion in 2010, up 400 percent from 2009.

Many experts are asking if toning shoes can deliver on promises made by shoe manufacturers, such as Reebok and Skechers, that claim that the unique shoe design can help wearers burn more calories with every step.

Toning shoes have rounded soles resembling a rocking chair that supposedly stretch the wearers’ muscles with each stride they take. Many manufactures claim that the shoes can help wearers get in shape without having to go to the gym.

Reebok has made similar claims about the fitness benefits of their toning shoes. “EasyTone shoes help tone your butt and legs with every step,” according to the athletic footwear giant.

Reebok’s website claims that the technology used in its EasyTone shoes generates 28 percent more muscle activity in the gluteus maximus muscles of test subjects and an 11 percent increase in their hamstrings and calves.

However, many critics have indicated potential dangers of wearing toning shoes, especially since the shoes are designed to be unstable.

Dr. Orly Avitzur, MD, has expressed concern for seniors who are considering wearing toning shoes citing that the shoes could increase their risk of falling.

“They are touted as this big miracle and actually for certain folks, they can be quite dangerous,” Avitzur says. “So if there’s no real advantage and some people risk falls, I think it’s actually more risk than reward.”

Darvocet pulled for link to heart damage by the FDA

Mon, 22 Nov 2010 08:00:00 EST

The painkilling drug propoxyphene, sold under the Darvon and Darvocet brands and used by about 10 million Americans last year, will be removed from the market because of serious heart risks, the Food and Drug Administration said on Friday.

The announcement ended a 32-year dispute over the safety of the 53-year-old drug. The F.D.A. recommended doctors switch patients to other painkillers, notably Extra Strength Tylenol or acetaminophen.

Propoxyphene has been shown to have very little effect on pain. Many studies showed no significant improvement by adding it to acetaminophen. Propoxyphene also has a narrow margin of safety between the recommended dose and a harmful dose or fatal overdose, according to the F.D.A. review and other experts.

Are There Hidden Dangers Behind "Toning Shoes?"

Fri, 19 Nov 2010 08:00:00 EST

“Toning shoes” have become the biggest craze in the multi-billion dollar sneaker industry. Many of the toning shoe manufacturers promise to give you a workout while you walk.

Sketchers, which manufacturers Shape-ups shoes, claim in their ads: “Now you can get in shape without setting foot in a gym.”

However, many critics contest these claims. Some even go as far as warning wearers of potential dangers relating to toning shoes.

Many medical experts believe that since toning shoes are designed to be unstable that it could create additional problems for elderly people and individuals who already have trouble maintaining their balance. It is believed that wearing the shoes can increase a person’s risk of falling and becoming seriously injured.

Toning shoes, with their “rocker-bottom” soles, are designed to mimic walking barefoot in the sand.

According to Eric Heit, DPM, head of the podiatry section at Seattle’s Virginia Mason Medical Center, one of his patients complained of knee and back pain as soon as she started wearing Shape-ups shoes.

A California woman recently filed a class action lawsuit against Sketchers claiming that the pair of Shape-ups shoes that she purchased did not provide the benefits that the shoe manufacturer promised.

A recent American Council on Exercise (ACE) study found that there was no difference between regular running shoes and any of the toning shoes they sampled when it came to calories burned, muscle activity, heart rate and the amount of oxygen consumed by test runners.

Toning Shoes like Skechers offer no benefit says Consumer Reports

Mon, 15 Nov 2010 08:00:00 EST

Consumer Reports states that toning shoes such as those sold by Skechers Shape Ups, MBT, Reebok and others do not provide the benefits that they advertise.

Really...Will a Pair of Sneakers Help You Get in Shape?

Sat, 13 Nov 2010 08:00:00 EST

Could it be too good to be true? Can a pair of sneakers referred to as “toning shoes” really help you get a more shapely butt, legs and abs without having to “step foot” in a gym? That is what shoe manufacturers, such as Skechers and Reebok are claiming.

Most toning shoes are specifically designed with a rounded sole resembling a rocking chair that is supposed to stretch the wearer’s leg muscles with each stride. In theory, the toning shoes are supposed to tone muscles, reduce weight and improve a person’s posture by just walking, working and shopping in them.

Apparently, many people are buying into the hype. According to Matt Powell, sneaker analyst for SportsOneSource, sales are expected to be more than $1.5 billion this year. “We’ve never seen a category grow this fast,” he said.

Unfortunately, the claims may be too good to be true. Injuries have been reported across the country from people who claim that they were hurt as a result of wearing a pair of toning shoes. The most common type of injury that has been reported due to the sneakers are strained Achilles tendons.

If you have been injured while wearing toning shoes, contact an experienced Northern Kentucky injury lawyer at the Law Office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

"Toning Shoes"...It's "Utter Nonsense!"

Sat, 13 Nov 2010 08:00:00 EST

Can a pair of sneakers help you tone muscles, lose weight and develop better posture just by wearing them? That’s what shoe manufacturers, such as Skechers and Reebok, are claiming about toning shoes.

As a matter of fact, some shoe manufacturers are hinting that their toning shoes may eliminate the need to go to the gym. They claim that the shoes can help wearers tone their butts, legs and abs, as well as burn calories just by wearing the specialized sneakers.

“Get in Shape Without Setting Foot in a Gym,” Skechers claims.

However, there have been an ever-growing number of critics from the medical field voicing their concerns about the safety of toning shoes.

Claims that toning shoes can significantly contribute to a person’s fitness are “utter nonsense,” according to John’s Hopkins University’s School of Medicine professor Barbara de Lateur.

Lateur and other medical professionals have issued warnings that toning shoes can result in strained Achilles tendons, among other types of injuries. There have been many injuries reported across the nation as a result of toning shoes.

Bryan Markinson, chief of podiatric medicine at Mount Sinai School of Medicine, went as far as to warn some of his patients to begin an “active stretching program,” if they were going to purchase toning shoes.

If you or someone you know has suffered an injury as a result of wearing toning shoes, you should contact one of our experienced Northern Kentucky injury lawyers at the law office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

"Toning Shoes" May Be Causing More Harm Than Good

Fri, 12 Nov 2010 08:00:00 EST

“Toning shoes” have become the biggest craze in the $17 billion-a-year athletic footwear market. Consumers, especially females, are buying into the hype and purchasing the new toning shoes believing that the shoes will help them obtain shapely butts, legs and abs, without the need of a gym.

“EasyTone shoes help tone your butt and legs with every step,” Reebok claims.

“Get in shape without setting foot in a gym,” Skechers says. According to their website, Shape-ups will help you “Shape Up while you walk.”

However, many in the medical industry are skeptical of the claims made by the shoe manufacturers. Some have even gone as far as warning their patients that the use of the toning shoes may lead to injury.

One of the most common types of injuries that wearers may be susceptible to is a strained Achilles.

Wearing the shoes may also lead to a more serious injury, such as the one Alison Drury, of Louisville, sustained. Drury claims that she broke her right ankle during a mile-long walk when she awkwardly rolled over the outside of her foot. She was walking in Skechers Shape Up shoes at the time.

Critics have also attacked the notion that toning shoes can significantly contribute to a person’s fitness. According to Barbara de Lateur, professor of physical medicine and rehabilitation at Johns Hopkins University of Medicine, the claim is “utter nonsense.”

If you have been injured while wearing toning shoes, contact an experienced Northern Kentucky injury lawyer at the Law Office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

Skechers linked to stress fractures

Thu, 11 Nov 2010 08:00:00 EST

"There's major risks, especially for adults," said David M. Davidson, national president of the American Academy of Podiatric Sports Medicine. He said he has treated patients who developed Achilles tendinitis and stress fractures that he suspects were caused by wearing toning shoes. "Creating instability, on adults especially, is not a good thing."

Skechers Shape Ups and Toning Shoes linked to stress fractures and injuries

Thu, 11 Nov 2010 08:00:00 EST

New "Toning Shoes" May Be Dangerous

Sat, 06 Nov 2010 08:00:00 EST

Many medical experts are warning consumers that the new “toning shoes” designed to help people get in shape and tone muscles while walking may cause more harm than good. Skechers, the market leader, claims that you can “get in shape without setting foot in a gym.”

The new sneakers are designed to tone muscles, reduce weight and improve the wearer’s posture. Many customers, mostly women, who spend a great deal of time on their feet are becoming quick converts. Many of them are teachers, food servers and nurses.

Toning shoes feature a rounded sole that supposedly stretches the wearers’ leg muscles with each stride they take. Manufacturers claim that the shoes can lead to more shapely buttocks, legs and abs. They are also leaving consumers with the impression that the shoes may eliminate the need for the gym by offering similar results.

However, many medical professionals aren’t convinced of the claims made by shoe companies, such as Skechers and Reebok, and are warning their patients that the use of toning shoes may lead to an injury.

Bryan Markinson, chief of podiatric medicine at Mount Sinai School of Medicine, believes that some of his patients who may not be in the “greatest of shape” may have inflamed their Achilles tendons while wearing toning shoes. He even warns consumers that they should consider an “active stretching program” before buying the shoes.

Toning Shoes benefits and injuries

Wed, 03 Nov 2010 08:00:00 EST

The American Council on Exercise was skeptical about that claim as well as similar assertions of muscle-toning and calorie-burning benefits made by Masai Barefoot Technology (MBT) and Reebok EasyTone shoes. It asked a team of exercise scientists from the University of Wisconsin, La Crosse, to study the shoes, which feature "an unstable sole design" that's supposed to keep your body off balance and therefore, working harder than if you were standing around in flip-flops.

(It should be noted that ACE is a nonprofit that certifies a lot of fitness pros who would be out of a job if we could all get fit without working out. ACE says it commissioned the study but that it was independently conducted. John Porcari, one of the study's authors, says the team consulted with ACE on its design but that data were collected, analyzed and written up with no involvement by the group.)

Researchers conducted two studies, with two different groups of 12 physically active female volunteers in the 19-27 age range. One had the women doing a dozen five-minute stints in which they walked on a treadmill set at different grades wearing each kind of toning shoe, as well as a control pair of regular running sneakers. Researchers measured the study participants' oxygen consumption, heart rate, perceived exertion and calorie burn. A similarly conducted study measured activity in six different back and lower-body muscle groups.

You can see all the charts detailing their findings in ACE's report. The gist: "Across the board, none of the toning shoes showed statistically significant increases in either exercise response or muscle activation during any of the treadmill trials," ACE says. "There is simply no evidence to support the claims that these shoes will help wearers exercise more intensely, burn more calories or improve muscle strength and tone."

Toning Shoes Cause more harm than help

Wed, 03 Nov 2010 08:00:00 EST

Well, it is too good to be true, according to a study by the University of Wisconsin-La Crosse published last week by the American Council on Exercise.

UW-L researchers found that the latest toning shoes don't live up to their claims.

"The claims were overstated," said John Porcari, UW-L exercise and sport science professor who led the independent study. Porcari and UW-L researchers regularly conduct research on fitness programs, trends and gadgets for the council.

"These were hard-to-believe claims such as improving circulation, providing weight loss and tightening your abdominal muscles," Porcari said. "There is no way these shoes would tone your butt."

Skecher Shape-Ups and Toning Shoes Injuries

Wed, 03 Nov 2010 08:00:00 EST

Claims that toning shoes can significantly contribute to a person's fitness are "utter nonsense," says Barbara de Lateur, distinguished service professor of physical medicine and rehabilitation at Johns Hopkins University's School of Medicine in Baltimore.

De Lateur and other doctors warn that toning shoes create their advertised benefit by destabilizing how a person walks and say that wearing the shoes can result in strained Achilles tendons. De Lateur also says the shoes can be a particular problem for older consumers or those who have difficulty keeping their balance

What is Athetoid Palsy?

Mon, 25 Oct 2010 08:00:00 EST

A new parent's worst nightmare is to learn that his or her baby has suffered a birth injury. Unfortunately, this reality is all too real for many parents.

Cerebral palsy is a type of birth injury resulting in brain damage that affects the body movement and muscle coordination. It generally occurs during pregnancy, at the time of the birthing process, or shortly after and can be caused by the negligence of a physician or hospital staff.

Athetoid palsy is a type of cerebral palsy that occurs when there is damage to the basal ganglia, which is located in the midbrain area. The condition results in slow, writhing involuntary muscle movement. The effects are generally found in the hands, feet, arms and legs. However, it can also be found in the face and tongue.

The condition can have lasting effects on a victim. It can impact his or her ability to hold objects and even eat.

An experienced Kentucky birth injury attorney can help you determine if your child’s birth injury is the result of negligence at the hands of someone else. You might be able to hold that party liable and seek the compensation that you and your child deserve.

For a free case evaluation, contact one of our experienced Northern Kentucky birth injury lawyers at the law office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

What is Spastic Cerebral Palsy?

Sun, 24 Oct 2010 08:00:00 EST

There are many variations of cerebral palsy and it is often the result of a birth injury, either before, during or after the birthing process. One such type is called spastic cerebral palsy.

Cerebral palsy is a condition that impairs motor coordination and is generally the result of a head injury resulting in brain damage.

Spastic cerebral palsy is a type of cerebral palsy that occurs when the child suffers brain damage in the cerebral cortex, which is the outer layer of the brain. Spastic cerebral palsy is considered the most common type of this condition and is found in 70 to 80 percent of children who develop cerebral palsy.

Spastic cerebral palsy concerns the increased tone or tension in a muscle. The condition can result in a disruption in communication between the brain and muscle(s). This can result in a muscle to be constantly tense or spastic, sometimes throughout the entire body.

In many cases, the condition is the result of negligence on the part of a physician or hospital staff. You should speak with an experienced Kentucky birth injury attorney to learn about your options and if you can hold the medical provider liable.

For a free case evaluation, contact one of our experienced Northern Kentucky birth injury lawyers at the law office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

Lexington Car Accident Leaves Officer Injured

Thu, 21 Oct 2010 08:00:00 EST

A Lexington car accident involving a pursuit leaves a Lexington police officer injured. The officer crashed his cruiser while chasing a speeding car. The incident took place at approximately 4:00 AM on Monday morning, October 11, 2010, along Winchester Road.

According to Lexington police, Officer Michael Steele, 26, was clocking drivers along Winchester Road near Dayton Avenue when he clocked a speeder. He turned on his lights and sirens and attempted to catch-up with the speeding driver before he lost control of his police car and hit a fire hydrant, brick building and two utility poles.

Rescue crews transported Steele to University of Kentucky Chandler Hospital where he was treated for injuries sustained in the accident. He was later released. Details concerning his injuries were not immediately made known.

Police were unable to obtain a description of the speeding car or a license plate number. Police report that the driver got away.

Police are still trying to determine how the officer lost control of his police car, said Lexington police Sgt. Chad Bacon.

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

This is an unfortunate accident and we would like to wish Officer Steele a speedy recovery during this difficult time.

West End Car Accident in Cincinnati Leaves Four Injured

Mon, 18 Oct 2010 08:00:00 EST

A West End car accident in Cincinnati involving two vehicles leaves four people injured after a car runs a red light. The incident took place on Sunday afternoon, October 10, 2010, at the intersection of West Liberty Street and Linn Street.

According to Cincinnati police, a driver ran a red light at the intersection of West Liberty Street and Linn Street and slammed into another vehicle. The driver has been identified as Julie Hobbs, 28, of Springfield Township.

The force of the impact sent Hobb’s vehicle into a utility police before it landed upside down in some nearby shrubs. Hobbs was not seriously injured in the wreck.

There were three people in the second car. The driver, Lorna, 42, of the West End, and two other passengers were transported by rescue crews to University Hospital where they were treated for injuries sustained in the accident. Police indicate that their injuries were not considered to be serious.

Police cited Hobbs for failure to obey a red light and a seatbelt violation. She also is alleged to have been driving under suspension.

The West End two-vehicle wreck is still under investigation by local authorities.

This is an unfortunate incident and we wish all the victims a quick recovery during this difficult time.

Cincinnati Pedestrian Accident Claims the Life of One

Thu, 14 Oct 2010 08:00:00 EST

A Cincinnati pedestrian accident involving a stolen vehicle claims the life of a woman believed to be in her 60s. The Spring Grove Village accident took place at approximately 1:15 PM on Monday afternoon, October 11, 2010, at Winton Road at Circle Avenue.

According to authorities, a stolen Honda Accord hit another vehicle, struck a fire hydrant and then slammed into a female pedestrian along Winton Road. The woman lost her life due to injuries sustained in the fatal pedestrian accident.

The victim had no identification on her and therefore could not be identified. Police believe that she may have been waiting for a bus when she was hit.

The Honda came to a stop on the grounds of the Winton Place Baptist Church and Academy. That is where the suspect got out of the vehicle and fled on foot. He has been described as a black male in his 40s.

The car was reported stolen from Springfield Township.

The fatal Cincinnati pedestrian accident is still under investigation by the Cincinnati Traffic Unit. It was unclear as to whether police located the fleeing driver.

This is a terrible accident and we would like to extend our thoughts and condolences to the victim’s family and friends during this difficult time.

Louisville Car Accident Claims the Life of Elderly Woman

Sat, 09 Oct 2010 08:00:00 EST

A Louisville car accident involving two vehicles claims the life of an elderly woman and leaves another victim hospitalized. The incident took place at approximately 4:30 AM on Sunday morning, October 3, 2010, near the intersection of Taylor Boulevard and Bluegrass Avenue.

According to the Louisville Metro Police Department, a woman traveling southbound on Taylor Boulevard crossed the centerline and slammed head-on into a northbound Toyota pickup truck. The woman has been identified as 76-year-old Kui Leach.

Leach was pronounced dead at the scene of the accident from severe injuries suffered in the crash, said the Jefferson County Coroner’s Office.

Rescue crews transported the unidentified driver of the pickup truck to University of Louisville Hospital where he was treated for injuries sustained in the two-vehicle wreck. His condition was not immediately made known.

The fatal Louisville auto accident is still under investigation by local authorities. Police have indicated that they are trying to determine if damp conditions played a role in the collision.

This is an unfortunate incident and we would like to extend our thoughts and condolences to everyone who has been affected by this tragedy. We would also like to wish the driver of the pickup truck a quick recovery during this difficult time.

Jefferson County Car Accident Claims the Life of One

Fri, 08 Oct 2010 08:00:00 EST

A Jefferson County car accident involving two vehicles claims the life of a woman and sends another victim to a local hospital. The incident took place at approximately 5:45 PM on Friday evening, September 24, 2010, on Brush Run Road.

According to Louisville Metro Police spokesperson Alicia Smiley, a woman driving northbound on Brush Run Road near Dawson Hill Road in a Honda Civic crossed the centerline and slammed into a Buick LaCrosse that was traveling southbound.

Rescue crews transported the unidentified woman to University Hospital. Unfortunately, the female driver was pronounced dead from injuries sustained in the wreck.

The driver of the Buick, identified as an elderly man, was also transported to University Hospital. His injuries have been described as non-life threatening. Smiley reported that the man was able to explain to the police what happened in the accident.

The fatal Jefferson County auto accident is still under investigation by local authorities. It was unclear as to what caused the woman to cross the centerline, but police are trying to determine if wet roads contributed to the crash. They have also indicated that they do not intend to file any charges.

This is a terrible accident and we would like to extend our thoughts and condolences to everyone who has been impacted by it.

Finding Out Who's to Blame in a Kentucky Injury Case Isn't That Simple

Tue, 28 Sep 2010 08:00:00 EST

Parents have a lot to deal with when they get the unfortunate news that their child has suffered a Kentucky birth injury. They need to determine how serious the injury is and exactly what went wrong. Eventually, they need to determine who was responsible and whether they can hold that person liable.

In many instances, the parents blame themselves. They are left wondering if their child’s birth injury was a result of something they did or didn’t do during the pregnancy. However, parents should understand which parties are frequently responsible in many birth trauma cases.

Physicians, nurses and hospitals are often the culprits when a child suffers a birth injury, such as cerebral palsy or erb’s palsy. In many cases, it’s their negligence that leads to complications during the birthing process. In these instances, the doctors, nursing staff and hospital may be liable.

However, determining who was responsible can be a very difficult process. That is why you should consult with an experienced Northern Kentucky birth injury attorney for guidance. A lawyer can help you determine who was responsible and help you build a solid case.

If you or someone you know has a child who has suffered a birth injury, you should contact one of our experienced Northern Kentucky injury lawyers at the law office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

Louisville Car Accident Sends One to Local Hospital

Sat, 25 Sep 2010 08:00:00 EST

A Louisville car accident involving two cars and a semi truck sends one person to a local hospital. The incident took place at approximately 7:00 AM on Thursday morning, September 9, 2010, on the Burlington Northern Santa Fe Railway overpass on State Highway 50.

According to reports, Heidi Novotny, 51, of Louisville, was traveling northbound on Highway 50 when she had to veer from a semi truck traveling southbound. Witnesses report that the truck was over the center line forcing Novotny into the bridge’s guardrail.

A second car, driven by Glenda Steinman, 53, of Nebraska City, then stuck Novotny’s vehicle. Both drivers refused medical treatment at the scene of the crash.

However, rescue crews transported a passenger in Novotny’s car, Nikki Ball, 31, of Manley, to a local hospital. She was reported as being four months pregnant and complained of neck and back pain.

The driver of the semi truck apparently did not stop and was eventually located south of Louisville on Highway 50. The driver has been identified as James Beck, 48, of West Bend.

The Louisville auto accident is still under investigation. According to police, charges are pending.

This is a terrible accident and we wish the victims a fast recovery during the difficult time.

Dangerous Effects of Baby Meningitis

Tue, 21 Sep 2010 08:00:00 EST

A parent’s worst nightmare is to learn that his or her newborn child has suffered from a birth injury, such as baby meningitis. Unfortunately, the fear is a reality for many new parents and it is often caused by negligence at the hands of a healthcare professional.

Meningitis is an infection that can lead to swelling of the membranes that surround the brain and spinal cord and can prove fatal. It can occur when the birthing process is delayed or prolonged.

The effects can be devastating and can result in many potential problems for the newborn. Besides the possibility that a child can lose his or her life, baby meningitis can lead to epilepsy, vision problems, hearing loss and mental impairment, to name a few.

Part of the problem is that meningitis can often be misdiagnosed, since the symptoms mirror less serious illnesses, such as the flu. In many cases, a child will needlessly suffer more serious side effects when the condition is misdiagnosed.

Did you know that a healthcare professional could be held responsible for negligence? An experienced Kentucky birth injury attorney can help you build a solid case and hold that healthcare professional liable.

If you or someone you know has a child who has suffered from meningitis and you believe it was the result of medical malpractice, you should contact one of our experienced Northern Kentucky birth injury attorneys at the law office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

Cincinnati Car Accident Leaves One Injured

Fri, 17 Sep 2010 08:00:00 EST

A Cincinnati car accident involving two vehicles leaves one person injured after the two vehicles collide along the southbound lanes of Interstate 71. The incident took place at approximately 6:00 PM on Saturday evening, September 11, 2010, just south of Dana Avenue.

According to the Cincinnati Police, they received the call just before 6:00 PM after two vehicles were involved in a crash in the southbound lanes of I-71. A female was reported as being injured in the wreck. Her identity and the extent of her injures were not immediately made known. It was also unclear if she had to be taken to a local hospital.

Details were not released as to how many people were involved in the wreck and whether anyone else was injured.

The two southbound lanes were blocked for nearly two hours creating a traffic jam as emergency crews cleared the accident scene, which was cleared by 7:30 PM

The two-vehicle Cincinnati auto accident is still under investigation by local authorities. Police have not indicated as to who was at fault or what exactly caused the two vehicles to collide.

This is an unfortunate incident and we wish everyone involved in the crash a speedy recovery during this difficult time.

Shively Car Accident Involving School Bus Claims Life of One

Thu, 16 Sep 2010 08:00:00 EST

A Shively car accident involving four vehicles, including a school bus, claims the life of a man and sends three children to a local hospital. The incident took place at approximately 8:30 AM on Monday morning, September 13, 2010, in the 1800 block of Berry Boulevard.

According to Louisville Metro spokesperson Alicia Smiley, Nicholas Federspiel, 89, of Shively, was traveling eastbound on Berry Boulevard when he attempted to change lanes in his Ford Taurus. That is when his vehicle was struck by a Chevrolet Silverado truck.

The force of the impact caused Federspiel to lose control of his vehicle and sent his vehicle into the westbound lanes and into the path of a school bus. He then hit a telephone pole and a fourth car.

Rescue crews transported Federspiel to University Hospital where he lost his life that evening. However, Jefferson County Deputy Coroner Larry Carroll indicated that it was unclear as to whether Federspiel lost his life from injuries sustained in the accident or from natural causes.

Three children from the school bus were transported to Kosair Children’s Hospital. Their conditions were not immediately made known. The bus driver was taken to Norton Hospital for observation.

The multi-vehicle Shively auto accident is still under investigation by local authorities.

Our thoughts and condolences go out to all of the victim’s family and friends during this difficult time.

Louisville Pedestrian Accident Claims the Life of Man Waiting at TARC

Fri, 10 Sep 2010 08:00:00 EST

A Louisville pedestrian accident claims the life of a man waiting at a TARC bus stop. The incident took place at approximately 10:30 AM on Wednesday morning, August 25, 2010, at 23rd and Hill Streets.

According to reports, two vehicles were involved in a collision at 23rd and Hill Streets. The force of the impact caused one of the vehicles to careen into the bus stop striking a pedestrian. Rescue crews transported the victim to University Hospital where he passed away approximately an hour later from injuries sustained in the accident.

The two drivers were also taken to the hospital. Fortunately, their injuries were considered to be minor.

According to the Louisville Metro Police Department (LMPD), one of the drivers apparently ran a stop sign causing the accident.

Neighbors claim that the intersection is dangerous because many drivers speed through it, ignoring the stop sign.

“We sit on the porch, my wife and I when the weather permits, and people come through here doing 40, 50 and sometimes 60 mph,” said local neighbor Luther Blakely.

The fatal Louisville pedestrian accident is still under investigation by local authorities.

This is a terrible tragedy and our thoughts and condolences go out to the victim’s family and friends during this difficult time. We would also like to wish the two drivers a speedy recovery.

Louisville Car Accident Involves School Bus

Thu, 09 Sep 2010 08:00:00 EST

A Louisville car accident involving a school bus leaves at least ten people, including eight children, with minor injuries after the bus collides with another vehicle. The incident took place at approximately 5:30 PM on Wednesday evening, August 25, 2010, near 26th and Madison.

According to Jefferson County Public School (JCPS) officials, the bus pulled out and into the path of a Ford Escape near 26th and Madison. The school bus was transporting eleven children from Bloom Elementary when the collision occurred.

Rescue crews transported four of the children to Kosair Children’s Hospital where they were treated for injuries sustained in the accident. Four other children were taken to the hospital by their parents. Fortunately, all of their injuries were considered minor.

The bus driver and the driver of the car were taken to University Hospital where they were treated for minor injuries, as well.

The Louisville auto accident is still under investigation by local authorities. Police have indicated that the bus driver was at fault, but she has not been cited at this point.

JCPS has yet to determine if the bus driver will get to keep her job as a result of the two-vehicle wreck.

This is a serious incident and we wish all of the victims a speedy recovery during this difficult time.

Meconium Aspiration Syndrome is Not Something Parents Plan For

Thu, 26 Aug 2010 08:00:00 EST

Childbirths are common - birth injuries are not.

In many cases, expecting parents take the miraculous process of childbirth for granted. The sad truth is that many children suffer birth injuries, such as Meconium Aspiration Syndrome (MAS). Even worse, the injury can be the result of negligence by a doctor.

MAS occurs when the baby breathes meconium, the baby’s first stool, and amniotic fluid into the lungs. A baby can experience MAS at anytime during the birth process and MAS can lead to complications resulting in a serious birth injury.

When meconium is inhaled, the baby is in jeopardy of having his or her airways blocked. The baby can have a difficult time breathing, resulting in a lack of oxygen being sent to the brain. When the new baby’s brain is deprived of oxygen the baby can suffer brain damage.

The ramifications of caring for a child who has suffered MAS resulting in brain damage can be devastating. Not only will a family have to determine how to care for the child, they will also have to figure out how they will pay for the medical expense and long-term care.

If you or someone you know has a child who has suffered from a birth injury and you believe the doctor was to blame, you should contact one of our experienced Kentucky birth injury attorneys at the law office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

Louisville Car Accident Involves LMPD Cruiser

Fri, 20 Aug 2010 08:00:00 EST

A Louisville car accident involving a Louisville Metro Police Department cruiser and a DUI suspect leaves two people injured. The incident took place at approximately 10:00 PM on Monday, August 16, 2010, on Shelbyville Road near Whittington Parkway.

According to reports, a Louisville Metro Police officer made a traffic stop on Shelbyville Road, in front of Louisville’s Shelby Campus, when the officer’s cruiser was rear-ended by a Ford Explorer. The cruiser was in the westbound lanes and outside the cruiser when the accident occurred.

Rescue crews transported the officer and the driver of the Ford Explorer to a nearby hospital where they were treated for injuries sustained in the collision. Fortunately, their injuries have been reported as being minor. It was unclear as to whether the driver of the car that the police officer had pulled over was also injured in the accident.

Reports indicate that the officer had his emergency lights on prior to the incident. The driver of the Ford Explorer is suspected of driving under the influence of alcohol. Neither of their names were immediately made known.

The Louisville auto accident is still under investigation by local authorities.

This is an unfortunate incident and we wish both injured victims a quick recovery during this difficult time.

Louisville Auto Accident Leaves Teen Bicyclist Injured

Fri, 20 Aug 2010 08:00:00 EST

A Louisville auto accident involving a teen bicyclist sends him to the hospital after he was struck by a car while riding his bike. The incident took place at approximately 8:00 PM on Tuesday evening, August 10, 2010, along Dixie Highway.

According to Shively Police, the male bicyclist was riding in the 3700 block of Dixie Highway when he was hit by a car. Rescue crews transported the teen to Kosair Children’s Hospital where he was treated for injuries sustained in the accident. His condition was not immediately made known.

Police have yet to determine if the bicyclist was riding in a lane or made an attempt to cross the street in the path of the car. It was unclear how fast the car was traveling when it struck the teen. It was also not made known as to whether the driver of the car was injured in the accident.

The Louisville car accident involving the bicyclist is still under investigation by local authorities. Police have indicated that they do not expect to file any charges against the motorist.

Accidents involving car and bicycles can be serious. We would like to extend our thoughts to the victim and wish him a quick recovery during this difficult time.

Louisville Car Accident Involving Police Car Injures One

Fri, 13 Aug 2010 08:00:00 EST

A Louisville car accident involving a Louisville Metro Police officer, who was transporting a prisoner, leaves one person injured after the officer rear-ends another vehicle. The incident took place at approximately 5:30 PM on Monday evening, August 2, 2010, on Liberty.

According to reports, the unidentified police officer rear-ended a car on Liberty, just east of Brook Street, while transporting a prisoner. Rescue crews took the prisoner to University Hospital where the prisoner was treated for cuts to the face. The prisoner’s condition was not made known. However, once treated, the prisoner is expected to be taken to jail.

Fortunately, the police officer and the people in the second car were not injured in the two-vehicle wreck. It was unclear as to what caused the police car to slam into the second vehicle along Liberty.

The Louisville auto accident is still under investigation by local authorities.

This is an unfortunate incident and we extend our thoughts and wishes to everyone who was involved in the accident during this difficult time.

Tighter Oversight for Pain Pumps and Other Medical Devices

Fri, 06 Aug 2010 08:00:00 EST

The U.S. Food and Drug Administration (FDA) has announced recommendations to improve the oversight of pain pumps and other medical devices, such pacemakers and X-ray machines. The changes target the U.S. device industry and increase the government’s ability to revoke approval for any products they consider unsafe or ineffective.

The recommendations stem from a flood of public criticism from health advocates and lawmakers over complications from medical devices, such as pain pumps. Physicians had reportedly been using pain pumps incorrectly causing permanent damage in patients and leading to multi-million dollar lawsuits.

The overhaul also addresses the nearly 35-year-old system, the 510(k) system that granted speedy approval to certain medical devices. The quick approvals were generally granted to devices that were considered similar to other products currently on the market.

Though, critics of the FDA consider the recommendations a positive step, they were hoping for more aggressive action to be taken by regulators. The FDA has also indicated that they intend to pursue additional options that would make it even easier to revoke already approved devices.

If you or someone you know has been injured by the use of a shoulder pain pump, you should contact one of our experienced Northern Kentucky injury attorneys at the law office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

A Shepherdsville Pedestrian Accident Claims the Life of Teenage Girl

Wed, 04 Aug 2010 08:00:00 EST

A Shepherdsville pedestrian accident involving a vehicle claims the life of a teenage girl after she is struck while crossing the street. The incident took place at approximately 9:00 PM on Wednesday evening, July 28, 2010, along Highway 44E, near Huston Drive.

According to investigators, a 14-year-old girl was crossing Highway 44E, between Huston Drive and Rivers Edge Drive, when she was struck be a vehicle. Rescue crews transported the young victim to Kosair Children’s Hospital. Unfortunately, the young girl passed away the next day.

The victim was crossing the street with a friend when the incident occurred. However, there were no other injuries reported as a result of the pedestrian accident.

There was no information immediately made available in regards to the driver of the vehicle that struck the teenager and how the accident occurred.

The fatal Shepherdsville pedestrian accident is still under investigation by local authorities. There was no information available as to what caused the vehicle to hit the 14-year-old.

Shepherdsville Police have asked anyone with information concerning the accident to contact officials at (502) 921-1000.

This is a terrible tragedy and our thoughts and condolences go out to the victim’s family and friends during this difficult time.

Louisville Pedestrian Accident Claims the Life of Local Man

Mon, 02 Aug 2010 08:00:00 EST

A Louisville pedestrian accident involving a car claims the life of a local man while attempting to get onto the sidewalk. The incident took place at approximately 3:30 PM on Wednesday afternoon, July 21, 2010, on Portland Avenue.

According to the Louisville Metro Police Department, a man walking with his family was struck by a car that was traveling westbound on Portland Avenue. The man sustained multiple blunt force injuries and was pronounced dead at the scene, reported Jo-Ann Farmer, chief deputy coroner. The victim has been identified as David Logsdon, 21, of Louisville.

The man was reportedly walking with his wife, two children and an elderly lady in a wheelchair when the incident occurred. He was attempting to get his family onto the sidewalk when the car hit him. Fortunately, there were no other injuries reported.

Police report that the driver stopped after the accident took place. The identity of the driver was not immediately made known.

The fatal Louisville pedestrian accident is still under investigation by local authorities. Police have yet to determine why the driver hit the 21-year-old man.

This is an unfortunate incident and our thought and condolences go out to the victim’s family and friends during this difficult time.

Is it Malpractice When a Material Infection Causes Cerebral Palsy?

Thu, 29 Jul 2010 08:00:00 EST

A parent’s worst nightmare is learning that his or her child has developed a serious birth injury. Unfortunately, that reality is all too common. In some cases it is a result of negligence by the doctor.

Researchers have discovered that maternal infections can cause cerebral palsy. They have learned that bacterial and viral infections can be passed from the mother, through the placenta, resulting in brain damage.

Such maternal infections that can lead to a serious birth injury include cytomegalovirus (CMV), toxoplasmosis, varicella (chickenpox), rubella and syphilis.

Researchers have indicated that persistent fevers may be a sign that the mother has contracted a maternal infection. It is imperative that doctors who treat feverish pregnant women pay special attention and be alert for the possibility that the mother has an infection.

However, in some cases, doctors fail to detect maternal infections. The results can be catastrophic for the unborn child. Parents of children who have developed cerebral palsy are encouraged to speak with an experienced Kentucky birth injury attorney to learn of potential options available to them. The future care of their child can depend on it.

For a free case evaluation, contact our office at (859) 578-4444 or (888) 606-5297. We represent birth injury cases in Kentucky and Ohio.

How Cerebral Palsy Affects Development of Children in Kentucky & Ohio

Fri, 23 Jul 2010 08:00:00 EST

One of parents’ biggest nightmares is to discover that their child has suffered a serious birth injury. The sad truth is that birth trauma can lead to cerebral palsy. Cerebral palsy is often devastating to a child and family.

Though, you have probably heard of the term, you may not be familiar with cerebral palsy. Cerebral palsy is a disorder that affects movement, motor skills and muscle tone. It can have a life-time impact on a child.

In many cases, cerebral palsy is the result of a birth injury. The disorder can affect children in many ways. For some children, the severity of physical disability may be mild. A child who has been mildly impaired may eventually be able to walk.

However, for some children, the condition can leave them severely impaired. Many cerebral palsy patients find themselves confined to a wheelchair for the rest of their lives.

When a birth injury leads to cerebral palsy, it is often a result of negligence by a doctor or physician.

If your child has developed cerebral palsy from a serious birth injury, you should contact one of our experienced Northern Kentucky birth injury attorneys at the Law Office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297. We have been helping families in Ohio and Kentucky for the past 35 years.

Cincinnati Auto Accident Claims the Life of One Man

Thu, 22 Jul 2010 08:00:00 EST

A Cincinnati auto accident involving a vehicle and a tractor-trailer claims the life of one person. The incident took place at approximately 2:30 AM on Saturday morning, July 17, 2010, along Interstate 75.

According to Cincinnati Police traffic officials, a driver was heading the wrong way in the southbound lanes of I-75, near the Towne Street exit, when he slammed into a tractor-trailer. The tractor-trailer was traveling south on I-75 when the incident occurred.

The driver has been identified as 22-year-old Joshua Baskerville. According to reports, Baskerville became trapped in his car and was pronounced dead at the scene. He was also reported as not wearing a seatbelt.

The driver of the tractor-trailer has been identified as 54-year-old Louis Quaack. Fortunately, Quaack was not injured in the early morning wreck.

The fatal Cincinnati auto accident is still under investigation by local authorities. No information was provided as to why Baskerville may have been driving the wrong way in the southbound lanes of I-75. Officials have asked anyone with information pertaining to this accident to contact the Traffic Unit at (513) 352-2514.

This is an unfortunate accident and our thoughts and condolences go out to everyone who has been affected by this tragedy.

Louisville Auto Accident Claims the Lives of Two

Wed, 21 Jul 2010 08:00:00 EST

A Louisville auto accident involving two vehicles that collided head-on claims the lives of two people. The incident took place at approximately 6:00 AM on Wednesday morning, July 13, 2010, at the Outer Loop and Grade Lane near Fairdale.

According to Louisville Metro Police Department spokesperson Dwight Mitchell, an unidentified woman driving a red Mitsubishi Mirage heading northbound on Grade Lane crossed over into the southbound lane and struck a BMW head-on. The driver of the BMW and a passenger riding in the Mitsubishi were both pronounced dead at the scene. Both were male.

The driver of the Mitsubishi was the only survivor in the wreck. Her condition was not immediately made known.

“It’s a very horrific accident for the simple fact that two lives were lost,” Mitchell said.

Police have not yet determined why the female driver swerved into oncoming traffic.

“We haven’t ruled out any factors at this point,” said Mitchell. “We’re still in the early stages of this investigation.”

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

This is a terrible tragedy and we extend our thoughts and condolences to the family and friends of those who lost their lives during this difficult time.

Lexington Car Accident Leaves Pregnant Woman Hospitalized

Sat, 17 Jul 2010 08:00:00 EST

A Lexington car accident involving two vehicles leaves a pregnant woman hospitalized after her sport utility vehicle (SUV) strikes a tree and then flips over. The incident took place at approximately 8:00 AM on Wednesday morning, July 7, 2010, along Richmond Road.

According to local police, a silver Volvo turned in front of a SUV that was traveling along Richmond Road, near St. Joseph Hospital East. The driver of the SUV lost control of the vehicle and slammed into a tree before finally flipping over. The victim, who is seven months pregnant, has been identified as Leticial Preacely.

Rescue crews transported Preacely to St. Joseph Hospital East where she was treated for non-life threatening injuries. She has been listed in stable condition. However, there was no information immediately available as to the condition of her unborn baby.

The identity of the driver of the Volvo was not made known or if the driver sustained any injuries in the incident.

The Lexington auto accident is still under investigation by local authorities. It was unclear as to whether any charges are going to be brought forth against the driver of the Volvo.

This is an unfortunate accident and we wish Ms. Preacely and her unborn child a speedy recovery.

Two Louisville Car Accidents Involve Children

Thu, 08 Jul 2010 08:00:00 EST

Two Louisville car accidents on the same night claim the life of one child and left another hospitalized. The accidents took place on Saturday night, June 26, 2010.

The first incident occurred at approximately 8:00 PM on Shenandoah Drive, near the Ford Truck Plant, when an 11-year-old boy was struck by a car. According to the Louisville Metro Police, the victim was riding his bike with two friends when the accident occurred. Rescue crews transported the child to Kosair Children’s Hospital where he was pronounced dead the next day.

The driver has been identified as 30-year-old Angela N. Baumia. Police have indicated that they believe that the boys were riding their bikes in the middle of the road when Baumia hit the 11-year-old. However, other witnesses claim that the boys were in the victim’s driveway. Another witness alleges that Baumia was speeding shortly before the accident.

The second incident took place at Cooper Chapel Road and Preston Highway, when a 14-year-old girl was struck by a car while attempting to cross the road. According to police, the victim was wearing dark clothing and suffered life-threatening injuries.

Both pedestrian accidents are still under investigation by local authorities.

These are two unfortunate incidences and our thoughts go out to the victim’s family and friends during this difficult time.

Cincinnati Car Accident Sends One to Local Hospital

Wed, 07 Jul 2010 08:00:00 EST

A Cincinnati car accident involving two vehicles leaves several people injured, including one who had to be hospitalized. The incident took place at approximately 5:30 AM on Tuesday morning, June 29, 2010, near the Brent Spence Bridge.

The incident reportedly occurred along northbound Interstate 75 at the Fifth Street exit at the Brent Spence Bridge when two vehicles collided with one another. Police indicated that several people sustained injuries in the wreck.

One of the victims was taken to University Hospital by rescue crews. The extent of the injuries sustained by those involved in the wreck was not made known.

It was unclear as to what caused the accident and who may have been at fault. The names of those involved in the two-vehicle wreck were also not made available.

Morning commuters were inconvenienced for over an hour as emergency crews were required to close the right lane of the exit ramp to clear the accident scene. The lane was reopened at approximately 7:00 AM that morning.

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

This is an unfortunate incident and we wish all of the victims a speedy recovery during this difficult time.

Kentucky Birth Injuries Caused by Obstetric Forceps

Tue, 29 Jun 2010 08:00:00 EST

Every expecting parent hopes and wishes that their baby will be born healthy and strong. What happens when a Kentucky birth injury occurs resulting from medical malpractice?

In many cases, the use of obstetric forceps during the delivery process has led to serious birth injuries. Obstetric forceps are sometimes used to grip and rotate the baby while inside the birth canal. However, the outcome can be dire, leaving your child injured as a result.

There is a wide range of potential injuries that a child can suffer from the use of obstetric forceps. Some of these injuries include bruises and lacerations, corneal injury, facial nerve paralysis, skull fractures, spinal cord injuries, brachial palsy and cerebral palsy.

As a parent, you may not know what to do next. You may not have the financial means to pay for the continual care that your child will require. Fortunately, you do have options. You may be able to file a claim and hold the responsible party liable for medical malpractice. An experienced Kentucky birth injury lawyer can help you discover your options and build your case.

If you or someone you know has a child who has suffered a serious birth injury, you should contact one of our experienced Northern Kentucky birth injury attorneys at (859) 578-4444 or (888) 606-5297.

Pitocin and Kentucky Birth Injuries

Sun, 27 Jun 2010 08:00:00 EST

When you are about to have a baby you put your trust in your doctor knowing that this person won’t make a decision that will put you or your child at risk. Unfortunately, that is not always the case.

Pitocin or oxytocin is a drug that doctors prescribe to help induce labor. However, when oxytocin is not administered properly it can lead to a serious Kentucky birth injury and the results can be catastrophic.

A common side effect associated with the poor use of pitocin or oxytocin is uterine hyperstimulation, which occurs when the uterine muscles contract too frequently. This may impede the oxygen flow to the baby, causing possible brain damage, cerebral palsy, hypoxic ischemic encephalopathy and even death.

This is a grave scenario leaving parents and family members with tough decisions to make. One of those decisions has to do with holding the doctor liable. The task may seem impossible, but an experienced Kentucky birth injury attorney can help build a solid case offering you and your family some relief.

If you or someone you know has a child who has suffered birth trauma from the use of oxytocin, you should contact one of our experienced Northern Kentucky birth injury lawyers at (859) 578-4444 or (888) 606-5297.

Cincinnati Car Accident Claims the Life of Unborn Baby

Sat, 26 Jun 2010 08:00:00 EST

A Cincinnati car accident involving a police chase causes a pregnant woman to be thrown from a car, claiming the life of her unborn child. According to police, the fleeing car lost control and slammed into several trees. The incident took place on Sunday evening, June 20, 2010.

The driver has been identified as 18-year-old Wesley Fain. Fain allegedly sped away from an intersection after a police officer motioned to him to turn on his headlights. After losing sight of Fain’s vehicle, the officer found the wreckage around a sharp turn.

A 19-year-old pregnant woman was riding in the car at the time of the wreck. The force of the impact ejected her from the car. She has been identified as Jasmine Malone.

Rescue crews transported Malone to a nearby hospital where she was treated for injuries sustained in the accident. Unfortunately, her unborn child was pronounced dead. Police have indicated that Malone was not wearing a seatbelt at the time of the crash.

Police have charged Fain with aggravated vehicular homicide in the fatal crash. It was unclear as to why Fain sped away from police or if he sustained any injuries in the wreck.

The fatal Cincinnati auto accident is still under investigation by local authorities.

This is an unfortunate incident and we extend our thoughts and condolences to Ms. Malone during this difficult time. We also wish her a speedy recovery.

Louisville Auto Accident Claims the Life of a Woman

Wed, 16 Jun 2010 08:00:00 EST

A Louisville auto accident claims the life of a woman after she is struck by a van after getting out of her car along the Dixie Highway. The incident took place at approximately 10:45 PM on Monday evening, June 14, 2010.

According to Louisville Metro Police Department spokesperson Dwight Mitchell, the victim was traveling southbound in the 12000 block of the Dixie Highway when she pulled her van over to the side of the road. That is when she was hit by a second van traveling southbound. It was unclear as to why the woman pulled her vehicle over.

The unidentified woman was pronounced dead from injuries sustained in the accident. She is believed to be from South Carolina.

There were three children reported as being in her van at the time of the accident. Fortunately, they were not injured in the accident.

The fatal Louisville car accident is still under investigation by local authorities. Police report that the second driver did not see the woman and they do not expect to file any charges. The second driver’s identity was not immediately made known.

This is a terrible tragedy and we send our thoughts and condolences to the victim’s family and friends during this difficult time.

Failure to Diagnose Mammogram as Suspicious/ $1.2 Million Settlement

Wed, 16 Jun 2010 08:00:00 EST

The plaintiff, age seventy-one, went to her primary care physician, Dr. James Robilotti, Jr., in April 2005. The plaintiff claimed that she reported a lump in her left breast. Dr. Robilotti ordered a mammogram, which was interpreted by Dr. Sunil Trasi. The report found no indication of cancer. In August 2006 the plaintiff was diagnosed with poorly differentiated, ductal carcinoma of the left breast. The plaintiff underwent a lumpectomy and chemotherapy and her lymph nodes were subsequently found negative for cancer. The plaintiff claimed that the cancer should have been diagnosed in April 2005. The plaintiff claimed that the April 2005 mammogram had suspicious findings. Dr. Robilotti claimed that the plaintiff never reported a lump. According to a published account a $1.2 million settlement was reached.

Failure to Timely Perform Cesarean Section/ $23.3 Million Verdict

Wed, 16 Jun 2010 08:00:00 EST

The plaintiff mother was admitted to Rice Memorial Hospital in June 2007 for inducement of labor. She was under the care of Dr. Gabrielle Vencel Olson. When the fetal heart rate fell below normal, the fetus was delivered by cesarean section. The baby required resuscitation at birth. The child was diagnosed with spastic quadriplegic cerebral palsy, cortical impairment and permanent neurological injuries. She requires constant care and had undergone six surgeries. The plaintiffs claimed that the defendants were negligent in failing to timely deliver the baby after the heart rate dropped. According to a published account a $23.3 million verdict was returned.

Failure to Timely Deliver Child and Provide Proper Resuscitation

Wed, 16 Jun 2010 08:00:00 EST

The plaintiff child was born in July 1984. Amniotic fluid with heavy meconium staining had been observed seventeen hours prior to delivery and bradycardia was noted seven minutes prior to birth. When the infant was delivered, the umbilical cord was wrapped around her neck. She was diagnosed with cerebral palsy. The plaintiff is confined to a wheelchair and is limited speech which is understood only by her and some close friends. She uses special equipment to help her synthesize speech and operates her wheelchair with the use of a joystick. She functions at a high intellectual level and had graduated from college. She participated in wheelchair soccer and swims with assistance of upper-arm flotation devices. The plaintiff claimed that the infant was deprived of oxygen for about twenty-seven minutes during and immediately after delivery and that the umbilical cord had been wrapped around her neck for about ten minutes prior to delivery. The plaintiff also claimed that proper resuscitative personnel did not arrive for fifteen minutes after delivery and the infant did not breathe independently for more than twenty minutes after birth. The plaintiff claimed that the neonatal nurse and physician's assistant should have been present when the delivery occurred. The defendants denied any negligence and contended that the injury was due to prior uterine assaults or a pneumonia infection the mother suffered several weeks prior to delivery. The delivering obstetrician, Dr. Fe Theresa McCarthy, reached a confidential settlement with the plaintiff prior to trial. According to a published account a $43.5 million verdict was returned.

Fatal Louisville Car Accident Involves Off-Duty Officer

Wed, 09 Jun 2010 08:00:00 EST

A Louisville car accident involving an off-duty Louisville Metro Police Department (LMPD) officer claims the life of a 22-year-old woman. The incident took place at approximately 11:30 PM on Saturday evening, May 22, 2010, at the intersection of North Hurstbourne Parkway and Headley Hill Road.

According to the LMPD, witnesses report that the off-duty officer, James Adams, was speeding southbound on North Hurstbourne Parkway when a driver, who was traveling northbound, made a left turn into the path of Adam’s vehicle.

The driver of the second car has been identified as 22-year-old Sarah Bearden. She was pronounced dead from injuries sustained in the accident.

James Adams, an officer with the Metro Narcotics Unit, was also injured in the wreck. He sustained a leg and back injury as a result of the crash.

“He was going too fast, he was swerving,” Vanessa Melton, a witness to the crash, reported.

The fatal Louisville car accident is still under investigation by local authorities. According to officials, Adam’s has no speeding violations in his personnel file. He has been placed on paid administrative leave until the conclusion of the investigation.

This is an unfortunate accident and our thoughts and condolences go out to the victim’s family and friends during this difficult time.

Lexington Car Accident Claims the Life on One Man

Mon, 07 Jun 2010 08:00:00 EST

A Lexington car accident involving three vehicles claims the life of one man after he makes an illegal left hand turn. The incident took place at approximately 10:00 PM on Thursday evening, May 20, 2010, near Yarnallton Pike and Leestown Road.

According to local police, a 25-year-old man made an illegal left hand turn from Yarnallton Pike onto Leestown Road. The man’s Honda Accord was then struck by a truck, which caused a third vehicle to hit the truck.

Rescue crews transported the unidentified 25-year-old man to UK Hospital. He was pronounced dead a short time later from injuries sustained in the accident.

Fortunately, the drivers of the other two vehicles were not injured in the accident. Their identities were not immediately made known.

Police have not yet determined if the slick road conditions created by the rain played a role in the accident.

“It’s (the rain) kind of been on and off for the past few hours,” said Lexington police Sgt. Billy Richardson. “Right now we just don’t have a reason for the collision, so it could be a factor. But I think at this point it’s too early to say for sure.”

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

This is an unfortunate incident and our thoughts and condolences go out to the victim’s family and friends during this difficult time.

Louisville Car Accident Claims the Life of One

Fri, 04 Jun 2010 08:00:00 EST

A Louisville car accident involving a single vehicle claims the life of one man and leaves another hospitalized. The incident took place at approximately 5:30 AM on Tuesday morning, June 1, 2010, in the Portland neighborhood.

According to the Louisville Metro Police Department, the driver was traveling westbound on Portland Avenue at a high rate of speed when he lost control of his vehicle and slammed into the steps of the Louisville Free Public Library. There were two men inside the vehicle at the time of the crash.

Rescue crews transported both victims to University Hospital and where they were treated for injuries sustained in the wreck. The driver, who had been identified as Anthony Higgs, 24, of Louisville, was pronounced dead a short-time later. The passenger’s injuries have been described as non-life threatening. He has been identified as a man in his 20’s; however, his name was not immediately made known.

The early morning fatal car accident is still under investigation by local authorities. However, police have indicated that alcohol may have been a contributing factor to the single-vehicle wreck.

This is a terrible tragedy and our thoughts and condolences go out to all of those who have been affected by the incident.

Kentucky Birth Injuries Caused by Vacuum Extractions

Fri, 28 May 2010 08:00:00 EST

It takes a great deal of planning and preparation to get ready for a newborn. However, what you might not be prepared for is a major birth injury.

Birth injuries can arise through vacuum extraction. This procedure is generally used during a difficult delivery and involves the use of a vacuum extractor. The vacuum extractor is attached to the baby’s head and the baby is brought down through the birth canal using suction.

The procedure is generally considered safe; however, birth trauma can result when the vacuum extractor is not used properly. Remember, the use of a vacuum extractor on a newborn means that excessive pressure may be being placed on the child’s skull.

In the case of negligence, the results can be catastrophic. A child can suffer skull damage and brain injury. Other complications include, but are not limited to, cerebral palsy, bruises, fractures and internal bleeding.

If your child is a victim of a birth injury due to the negligence of a doctor, you may be able to hold the physician liable. An experienced Kentucky birth injury attorney can help you build a solid case.

If you or someone you know has a child who has suffered a birth injury, you should contact one of our experienced Northern Kentucky birth injury lawyers at (859) 578-4444 or (888) 606-5297.

Alli and Xenical Diet Drugs Linked to Liver Damage Warns FDA

Thu, 27 May 2010 08:00:00 EST

The FDA issued a new warning yesterday to anyone currently using the drugs ALLI and Xenical to lose weight citing that they may cause severe liver damage in some cases. This came after the agency studied thirteen cases of major damage to the organ reported during a ten year period from 1999-2009. The cases involved twelve international patients taking Xenical and one American who used ALLI from 2007 to 2008. Three of the people involved in the study ended up needed transplants, while two others died.

Liver Damage from Diet Drugs prompts new FDA warning

Thu, 27 May 2010 08:00:00 EST

Responding to reports of rare but sometimes severe cases of liver damage, U.S. health officials on Wednesday announced revised labels for a widely used weight-loss drug.

The drug, orlistat, is available by prescription under the trade name Xenical and over-the-counter as Alli.

Two Recent Studies Show Possible Dangers of Pain Pumps

Thu, 27 May 2010 08:00:00 EST

Two recent studies by the scientific community confirm the dangers of utilizing pain pumps following surgery. Pain pumps are used to deliver a local anesthetic directly into the site where the surgery took place. Unfortunately, the results have left many victims with a condition called chondrolysis.

Many surgeons used pain pumps for this purpose, which was never approved by the FDA, post surgery. The catheter portion of the pump was inserted directly into the shoulder or knee joint following surgery to deliver the local anesthetic. However, months later, victims discovered that the cartilage surrounding the operated joint deteriorated.

The first study conducted was intended to, “study the effects of lidocaine, bupivacaine and ropivacaine on human chondrocyte viability and mitochondrial function in vitro and to characterize the type of cell death elicited following exposure.”

The study concluded that the introduction of lidocaine, bupivacaine and ropivacaine into cultured human chondrocytes caused delayed mitochondrial dysfunction and apoptosis.

The second study, an in vivo study, was intended to, “determine whether a single intra-articular injection of 0.5% bupivacaine results in chondrocyte morbidity and rapid chondrolysis.” Researchers injected rats with a saline solution consisting of either preservative-free 0.5% bupivacaine or 0.6 mg/mL monoiodoacetate into the contralateral joint.

The results concluded that, “the in vivo effects of a single injection of intra-articular bupivacaine on articular cartilage are subtle.” The study also suggested that the results of the injection of monoiodoacetate may not be apparent on gross inspection and the potential toxic effects of bupivacaine could be clinically difficult to detect.

Chondrolysis Results in 18 Cases Involving Shoulder Pain Pumps

Thu, 13 May 2010 08:00:00 EST

Eighteen cases involving the use of shoulder pain pumps reportedly led to chondrolysis. The cases involve the infusion of bupivacaine through a shoulder pain pump catheter into the glenohumeral joint following shoulder surgeries.

Following arthroscopic shoulder surgery, physicians reportedly infused patient’s shoulder joints with bupivacaine with epinephrine, a local anesthetic, through the use of shoulder pain pumps. The catheter portion of the pumps was injected directly into the shoulder joints, resulting in chondrolysis.

Patients later discovered that the procedure, which has not been approved by the FDA, resulted in the deterioration of the cartilage in the shoulder joints that were operated on and have led to further complications.

Since the procedures, 14 of the victims have undergone the same arthroscopic procedure. Five of the victims underwent a humeral-resurfacing procedure to attempt to fix the problems. All of the 18 noted surgeries were performed by two experienced orthopaedic surgeons.

Unfortunately, these are not the only cases reported of chondrolysis developing through the use of shoulder pain pumps. Hundreds of lawsuits have been filed against several manufacturers of the devices. Many of the lawsuits have been settled.

Pain Pumps Misused in Young Female Athletes' Knees

Tue, 11 May 2010 08:00:00 EST

Our law firm is currently representing a case against Breg, Inc., a manufacturer of pain pumps. According to the lawsuit filed on behalf of our clients, Breg marketed the product to be used in a procedure that was not approved by the FDA, which led to chondrolysis.

Three of the victims, Colleen McLain, Brittany Hamilton and Christina Schumacher, were all student athletes at Olentangy High School in Ohio. They suffered ACL tears while participating in their school’s athletic programs.

Following their surgeries, pain pumps were used to treat the pain. The catheter portion of the pain pump was injected directly into the knee joints to deliver a local anesthetic. However, the FDA never approved the procedure which led to chondrolysis or the deterioration of the cartilage in the victim’s knees.

This is not the only reported incident that pain pumps were used incorrectly. Several shoulder pain pump manufacturers are facing hundreds of lawsuits claiming that the misuse of the devices led to chondrolysis in the victim’s shoulders. Several of these cases have been settled.

Though, Berg Inc. and other manufacturers told doctors that the pumps could be used for joint related surgeries, they claim that they never instructed doctors on how to use the pumps.

Unfortunately, our clients can no longer participate in collegiate sports. One of the victims will have to undergo a total knee replacement surgery.

Daubert Motion in Pain Pump Case Found for Plaintiff

Mon, 10 May 2010 08:00:00 EST

Our firm recently prevailed on a Daubert motion in a pain pump case in federal court in the eastern district of Kentucky. A Daubert motion refers to the situation when the expert witnesses are challenged and can be excluded from trial. We have now prevailed on two of these motions, which is more than any other law firm in the country.

During the trial, we submitted testimony from an orthopaedic surgeon on behalf of our plaintiff. The defendant filed a motion to have the testimony excluded, but the motion was denied.

In 2007, Chelsea Zink underwent arthroscopic surgery on her right shoulder. Her surgeon, Dr. Bruce Holladay, ordered Zink to receive a local anesthetic into her shoulder joint approximately 48 hours after surgery. The anesthetic was delivered through a catheter attached to a shoulder pain pump manufactured by the defendant, Sorenson Medical Products. Zink suffered from chondrolysis as a result of the procedure.

The expert testimony of Dr. Jason Dragoo, an orthopaedic surgeon at Stanford University was given. However, the defendant filed a motion to have Dragoo’s testimony excluded citing that Dragoo’s opinion was unreliable. The defendant cited that Dragoo was not qualified or competent in the matter.

On May 7, 2010, the defendant’s motion to have Dragoo’s testimony thrown out was denied by the court. Therefore, Dragoo’s testimony will be included in Zink’s case in an effort to hold the defendant liable.

If you or someone you know has been injured by the use of a shoulder pain pump, you should contact one of our experienced Northern Kentucky injury attorneys at the Law Office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

Owingsville Car Accident Claims the Lives of 2 Women

Fri, 07 May 2010 08:00:00 EST

An Owingsville car accident involving two vehicles claims the lives of a pair of women after one of the cars crosses into oncoming traffic. The incident took place on Saturday, April 24, 2010, along Interstate 64.

According to reports, a driver traveling westbound along I-64, lost control of her vehicle and crossed into the eastbound lanes. The vehicle struck another car head-on, claiming the lives of two women.

The driver of the car that crossed into opposing traffic has been identified as Tessa Harris, 27, of Ashland. She was killed as a result of the collision.

The driver of the second car has been identified as James Samples, 45, of Lexington. Rescue crews transported Samples to University of Kentucky Hospital where he was treated for injuries sustained in the accident. His condition was not made known

In the car with Samples was 45-year old Debbie Samples. Debbie was also taken to University of Kentucky Hospital where she was pronounced dead.

The fatal Owingsville auto accident is still under investigation by local authorities. Police have yet to determine what caused Harris to lose control of her car and veer into oncoming traffic.

This is an unfortunate accident. Our thoughts and condolences go out to all of those who have been affected by it. We wish Mr. Samples a speedy recovery during this difficult time.

Watterson Car Accident Claims Life of 21-Year-Old

Thu, 06 May 2010 08:00:00 EST

A Watterson car accident involving four vehicles claims the life of a 21-year-old man after he loses control of his car and slams into a concrete barrier. The incident took place at approximately 4:30 AM on Tuesday morning, May 4, 2010, along the Watterson Expressway.

According to Louisville Metro Police spokesperson Dwight Mitchell, the driver of a Honda Accord lost control of his vehicle in the westbound lanes of the Watterson Expressway, near the Third Street exit, and crashed into a concrete barrier. The driver, 21-year-old Benjamin Jones, was pronounced dead at the scene of the wreck. There were no other passengers inside of Jones' vehicle at the time of the crash.

The collision with the concrete barrier caused three other vehicles to crash into one another. Fortunately, there were no other injuries reported.

Police discovered drug paraphernalia, including what appeared to be legal marijuana, inside Jones’ vehicle. However, police have indicated that there was no evidence that Jones had been smoking at the time of the wreck.

The early morning Watterson auto accident is still under investigation by local authorities. No details were given as to what may have caused Jones to lose control of his vehicle.

This is an unfortunate incident and we send our thoughts and condolences out to all of those who have been affected by this tragedy.

Shoulder Pain Pump Manufacturer I-Flow Settles Lawsuits

Fri, 30 Apr 2010 08:00:00 EST

Our law firm recently settled five pain pump cases involving I-Flow Corp. There have been a total of 16 pain pump lawsuits settled to date, including these recent five cases. We have settled more pain pump cases than any firm in the country.

I-Flow, a popular shoulder pain pump manufacturer, settled with the plaintiffs who claim that their shoulder was injured by the use of the company’s pain pump devices. The company’s decision to settle with the plaintiffs follows a failed attempt to have the lawsuits dismissed in a federal court in Ohio. Just one week before the settlement was reached, Judge Spiegel denied summary judgment.

All five of the lawsuits claim that the shoulder pain pumps used during and after arthroscopic surgery destroyed the victims shoulder cartilage, leading to chondrolysis.

I-Flow had instructed physicians to place the catheter portion of the pain pumps directly into patients’ shoulder joints to infuse pain medicine. However, the procedure was never approved by the Food and Drug Administration (FDA). As a result, the FDA required pain pump manufacturers, such as I-Flow, to include warnings on the devices about the risk of chondrolysis.

According to these lawsuits, I-Flow knew about the injuries, but failed to warn patients and surgeons of the risks associated with the shoulder pain pumps.

Currently, there are a minimum of 150 similar lawsuits pending against manufacturers of the shoulder pain pumps. The lawsuits allege that patients and doctors were not warned of the risks associated with the procedure.

Five Shoulder Pain Pump Settlements in Ohio

Wed, 28 Apr 2010 08:00:00 EST

On March 16, 2010, I-Flow Corp., a shoulder pain pump manufacturer, agreed to settle five lawsuits over complications arising from the use of their shoulder pain pumps. The law firm of Schachter, Hendy & Johnson PSC, which has settled more pain pump cases than any firm in the country, settled these five lawsuits a week after Judge Spiegel denied summary judgment.

Also, on the same day the settlements were reached, U.S. Judge S. Arthur Spiegel denied a motion for a summary judgment in the cases.

The plaintiffs alleged that the use of the I-Flow pain pumps caused their shoulder cartilage to deteriorate. Pain medication was infused directly into the shoulder joint through a catheter. As a result, the victims suffered from chondrolysis of the shoulder.

According to reports, there are approximately 150 shoulder pain pump lawsuits pending against I-Flow and other manufacturers. The suits allege that the manufacturers did not properly warn of the risks associated with the use of the shoulder pain pumps. The suits cite that the pain pumps were marketed as an alternative to oral pain medication. Also according to the lawsuits filed, the FDA never approved the procedure recommended by the manufacturers.

While many of these cases are proceeding through the litigation process as individual lawsuits, some have been consolidated into small groups, such as the Ohio cases. When including these five cases, a total of 16 pain pump lawsuits have been settled.

Study Finds Botox Injections May Help Children With Cerebral Palsy

Tue, 27 Apr 2010 08:00:00 EST

One of the greatest fears that all new parents have is learning that their newborn child has suffered a birth injury. Unfortunately, birth injuries occur more frequently than most people think.

One such birth injury found in children is cerebral palsy. Cerebral palsy is a disorder that affects movement and posture and occurs during the development of the fetus.

One of the effects of cerebral palsy that many victims face is spasticity, especially in the lower-limb region. Though, there is no cure for cerebral palsy, recent studies show benefits from the use of botulinum toxin (Botox) for those that do. Researchers have found that Botox injections improve the gait of children who suffer from tightened calf muscles as a result of spasticity.

Also, a 2009 study published in the Journal of Neurology, Neurosurgery and Psychiatry, showed that Botox injections had a similar beneficial effect in adults who suffered from upper-limb spasticity as a result of a stroke.

Raising a child with cerebral palsy is challenging. In many cases, the birth injury was a result of negligence on the part of the doctor or hospital. Your family has rights and may be able to obtain compensation that will assist you with the lifetime financial obstacles of raising a child with cerebral palsy.

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.

Shoulder Pain Pump Manufacturers Have Been Silent

Fri, 23 Apr 2010 08:00:00 EST

Are you familiar with the recent problems victims are facing from the use of shoulder pain pumps? Suits have been filed claiming the link of these devices to chondrolysis.

What’s even more alarming, reports are showing that pain pump manufacturers, which did not seek FDA approval for the procedure in question, are aware of the risks, but have remained silent. Only I-Flow has issued warnings on product labels making physicians aware of the dangers.

According to reports, physicians were placing the catheter portion of the pain pumps directly into patient’s shoulder joints. The problems don’t generally arise until three to 12 months later when victims discover that the cartilage in their shoulder joint has disintegrated.

If you have suffered from chondrolysis following the use of a shoulder pain pump, you may be able to file a claim against the manufacturer. For information regarding your rights and legal options, contact one of our experienced Northern Kentucky injury at (859) 578-4444 or (888) 606-5297.

Read our article, Know the Symptoms of PAGCL, Especially if You Used a Shoulder Pain Pump, to learn more about the condition that has been associated with shoulder pain pumps. We also have additional articles in our library regarding the dangers of shoulder pain pumps.

Shoulder Pain Pumps Result in Lawsuits

Thu, 22 Apr 2010 08:00:00 EST

The use of shoulder pain pumps has resulted in a flood of lawsuits being filed against manufacturers. Many victims using the pain pumps have been diagnosed with chondrolysis following shoulder surgeries.

According to complaints, the manufacturers instructed physicians to insert the catheter directly into the shoulder joint. However, according to the U.S. Food and Drug Administration (FDA), the procedure was never approved by the governmental organization.

Apparently, manufacturers quickly rushed the devices to market without the necessary review and approval of the FDA. As a result, many victims have filed lawsuits against the pain pump manufacturers.

The FDA issued a warning on November 13, 2009 about the possible link between the use of the pain pumps and chondrolysis. The warning went out to physicians who currently use the pain pumps as a way to treat pain.

According to the FDA warning, “Neither local anesthetics nor infusion devices are approved for an indication of continuous intra-articular infusion.”

The FDA is also researching options to address the safety issues concerning the pain pumps. Some of these options include changes to package labeling that would highlight the risks.

At Least 104 Federal Pain Pump Cases in 28 Distinct Federal Courts

Tue, 20 Apr 2010 08:00:00 EST

The Judicial Panel on Multidistrict Litigation (MDL) in San Diego is considering requests by plaintiffs involving federal pain pump cases to convert the individual cases in one MDL. There are least 104 federal pain pump cases in 28 distinct federal courts. This potential decision would lump all these cases into one federal case.

If the motion is acted upon, the decision will result in all the cases being brought forth together before U.S. District Court Judge Tunheim in Minnesota. Judge Tunheim has currently been residing over a majority of the pain pump cases and it is believed that he has the necessary experience to reside over a potentially single MDL.

The majority of the cases cite that physicians placed pain pumps into the intra-articular space preceding open or arthroscopic shoulder surgery, leading to complications. The complications included the continual worsening in shoulder pain despite physical therapy that lasted approximately three months after surgery.

Also, x-rays and MRIs showed that many patients found that the cartilage in the glenhumeral joint withered away as a result of the procedure.

The plaintiffs are citing that pain pump manufacturers instructed shoulder surgeons to place the catheters into the intra-articular space to minimize pain. However, doctors were allegedly never told that the specific procedure was denied by the FDA three times.

Rare Ailment Linked to Pain Pumps

Mon, 19 Apr 2010 08:00:00 EST

A series of studies conducted in 2006 reveal that pain pumps might be linked to chondrolysis. As a result, the first lawsuits started to surface against pain pump companies approximately two years ago.

The studies led to packaging changes by the I-Flow Corporation, which is the largest pump manufacturer. The I-Flow Corporation also modified its directions in package inserts to warn doctors about placing pump catheters in joints. The company also posted a bulletin on its website indicating the risks.

I-Flow has reported that as of November 2009, the company was named as a defendant in 191 cases alleging that the pain pumps led to chondrolysis in patients who used their devices. According to reports, 80 of those cases have been dismissed.

Also, AstraZeneca has been listed as a defendant in 68 cases. AstraZeneca sold the local anesthetic, bupivacaine, which was apparently used in the pain pumps by physicians. According to AstraZeneca spokesperson Tony Jewell, the company did not promote or authorize the use of bupivacaine to be used in the pain pumps.

“We intend to vigorously defend ourselves in this matter,” said Jewell.

Attorneys representing patients say that the manufacturers were slow to respond to evidence indicating their products were potentially dangerous.

Indianapolis attorney Jeff Gibson cited that manufacturers hid information concerning the dangers instead of warning the public. Gibson’s firm is representing approximately 50 pain pump cases.

Kentucky Car Accidents and Drowsy Driving

Wed, 24 Mar 2010 08:00:00 EST

There are many dangers that Kentucky drivers face when they hit the roadways. Unfortunately, one of these dangers is drivers that get behind the wheel when they are tired. The results can be catastrophic.

Maybe you have gotten behind the wheel when you were tired. You hoped you could stay alert enough to get to your destination.

Many drowsy drivers believe that the extra cup of coffee or rolling down the windows while driving will keep them awake. However, that may not be the case. There are things you can do to avoid a Kentucky auto accident caused by drowsiness.

Make sure that you get enough sleep before getting behind the wheel. You should always avoid the consumption of alcohol before driving. Alcohol may make you sleepy.

You may also want to consider not driving late at night, especially during the hours of midnight and 6:00 AM. Your body is used to sleeping during these hours.

Lastly, don’t hesitate to pull your car over if you find yourself feeling exceptionally tired. This could be the difference between life and death.

If you or someone you know has been injured in a car accident, you should contact an experienced Northern Kentucky car accident attorney at our office at (859) 578-4444 or (888) 606-5297.

Louisville Car Accident Kills 31-Year-Old Man

Sun, 21 Mar 2010 08:00:00 EST

A Louisville car accident leaves a 31-year-old man dead after he crashes into a local building. The incident took place at approximately 1:00 AM on Friday morning, March 19, 2010, near the intersection of 18th and Broadway.

According to the Louisville Metro Police Department, a man was killed after he drove his car through a TARC sign and into a building in the city’s west end. Fortunately, the building was vacant at the time of the incident.

The driver has been identified as JeJuan Winston, 31, of Louisville. Rescue crews pronounced Winston dead at the scene of the accident from multiple blunt force injuries sustained in the early morning accident.

There were no other people reportedly involved in the fatal single-vehicle accident.

Police have not yet determined if drugs or alcohol were factors in the fatal wreck. They are currently awaiting toxicology results to make that determination.

The Louisville auto accident is still under investigation by local authorities. Police believe that speed may have played a role in Winston’s death.

This is an unfortunate accident that claimed the life of this Louisville man. We would like to extend our thoughts and condolences to Mr. Winston’s family and friends during this difficult time.

Lexington Truck Accident Sends Two to the Hospital

Sat, 20 Mar 2010 08:00:00 EST

A Lexington truck accident sends two people to the hospital after a speeding car makes an attempt to avoid the tractor-trailer. The incident took place at approximately 2:45 PM on Thursday afternoon, March 11, 2010, at the intersection of Georgetown Street and Kearney Ridge.

According to local police, the driver of a tractor-trailer was making a left turn out of the University of Kentucky Agricultural Experiment Station Research Farm onto Georgetown Street when a speeding car attempted to avoid the vehicle. The driver lost control of the car and hit two signs and slammed into a rock wall near the intersection.

Rescue crews transported the 23-year-old driver and passenger to University of Kentucky Hospital where they were treated for injuries sustained in the accident. One of the victims has been listed in critical condition while the other was in serious condition.

The Lexington accident is still under investigation by local authorities. Police have not released the names of the victims; however, police have indicated that neither of occupants was wearing seatbelts at the time of the fatal wreck.

This is an unfortunate accident and we wish both victims a speedy recovery during this difficult time.

Philpot Car Accident Leaves Teen Dead

Fri, 19 Mar 2010 08:00:00 EST

A Philpot car accident involving a hit-and-run driver leaves a teenage girl dead after she is hit by a truck. The incident took place over the weekend of March 5, 2010.

According to a witness, the 13-year-old girl was hit by a truck that swerved onto the wrong side of the road. The truck, which never slowed down, fled the scene, leaving the girl lying in the street.

The victim was taken to Kosair’s Children Hospital in Louisville where she was placed on life support. Unfortunately, the College View Middle School student died the following week from injuries sustained in the accident.

Tracy Howard, a friend of the victim, was walking with her at the time of the accident. “I told her a car was coming and I was already on the side of the road, but she was coming on the side of the road and that’s when it hit her,” Howard said.

The fatal hit-and-run accident is still under investigation by local authorities. The sheriff’s department believes that the vehicle that struck the girl is a 1980 to 1986 Ford Bronco. Anyone with information concerning the accident has been asked to contact the sheriff’s department or Crimestoppers.

This is an unfortunate accident and our thoughts and condolences go out to all of those who have been affected by this tragedy.

Erlanger Car Accident Leaves Construction Worker Injured

Tue, 16 Mar 2010 08:00:00 EST

An Erlanger car accident involving a construction trailer leaves a construction worker injured after a vehicle slams into the trailer. The incident took place at approximately 10:30 AM on Monday morning, March 1, 2010, along an I-75 ramp.

According to Erlanger police, Randall Manley, 62, of Carlisle, was struck while standing alongside a construction trailer on the northbound I-75 ramp to the westbound I-275. The vehicle slammed into the back of the trailer causing the trailer to hit Manley. The vehicle then struck a third vehicle

Erlanger Life Squad transported Manley to a local hospital where he was treated for injuries sustained in the accident. His injuries have been described as non-life threatening.

The driver of the vehicle that hit the construction trailer has been identified as Kevin Baker, 39, of Florence. Fortunately, Baker was not injured in the accident.

There was no information available concerning the driver of the third vehicle.

According to reports, Manley was placing a caution arrow on the left side of the road when he was hit.

The Erlanger accident is still under investigation by the Erlanger Police Department.

We wish all the victims involved in this unfortunate accident a speedy recovery.

Scott County Car Accident Leaves One Man Dead

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.

Cell Phones and Kentucky Car Accidents

Mon, 01 Mar 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 Office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

Defective Maintenance Issues Can Cause Kentucky Truck Wrecks

Wed, 24 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 Office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

Lexington Auto Accident Leaves Man Dead

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

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

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.

Texting Ban on Kentucky Motorists passed by House

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 Office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

Louisville Auto Accident Involves Recalled Toyota

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

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.

Understanding the Severity of Shoulder Dystocia

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 Office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.

Louisville Auto Accident Leaves Officer Injured

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

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

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.

Warning Signs of Brachial Palsy Every Parent Should Know

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.

Louisville Accident Involving TARC Mini Bus Injures Three

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

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

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.

Drugs for Osteoporosis Prescribed Unecessarily?

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.

Louisville Man Killed in Meade County Accident

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.

Yaz and Yasmin May Cause Stroke

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.

Cincinnati Car Accident Leaves Two Injured

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.

Taking Yaz or Yasmin May Cause Deep Vein Thrombosis

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.

Butler County Crash Kills Teen

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

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

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

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.

Yaz Can Lead to Irregular Heartbeat

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.

Lexington Car Accident Kills Two

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

Sun, 22 Nov 2009 08:00:00 EST

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

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

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.

Hyperkalemia is a Potential Complication of Yaz Birth Control

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.

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

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.

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

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.

Adair County Woman Dies in Kentucky Accident

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

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

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

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

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

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

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.

Lawsuit Filed Against Bayer for Misrepresenting Safety and Effectiveness of Yaz

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.

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

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.

Yaz Can Lead to Too Much Potassium in the Blood

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.

High Speeds Likely Involved in Fatal Northern Kentucky Crash

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.

Yaz Lawsuits Reveal New Evidence of Problems

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.

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

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.

FDA Issues warning Letter about side effects of YAZ birth control

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.

Car is Struck by a UPS Truck in Kentucky Accident

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

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.

Defective Children's Products & Toys are Constantly Recalled

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.

Man Killed in Carroll County, Kentucky Car Accident

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

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.

The Scary Truth About Hypoxic Ischemic Encephalopathy

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.

Roman Shades Sold by Pottery Barn Kids Recalled

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

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.