Walgreens looses wrong prescription case
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BARTOW, Fla. – A jury awarded $25.8 million Friday to the family of a cancer patient who was given a wrong prescription, had a stroke and died several years later, lawyers said. Beth Hippely was prescribed Warfarin, a blood thinner, in 2002 to treat breast cancer. The prescription filled at a Walgreens pharmacy was 10 times what her doctor prescribed, court documents said.
The Polk County Circuit Court jury found the prescription error caused a cerebral hemorrhage resulting in permanent bodily injury, disability and physical pain. The mother of three died in January at the age of 46.
A 19-year-old pharmacy technician, with little training, misfiled the prescription, according to court documents.
The lawsuit was filed in 2003 by Hippely, her husband Deane Hippely and their children against the Deerfield, Ill.-based Walgreen Co. for negligent breach of duty and wrongful death.
“Beth Hippely died unnecessarily because this tenfold overdose with Warfarin by the pharmacy she trusted caused her cancer to come back with a vengeance and it interrupted all of her cancer treatments,” her lawyer Chris Searcy said. “They have been seeking justice for almost five years and this was a case that screamed out for justice.”
A statement released by the company expressed sympathy for the Hippely family.
“We’re truly sorry for what the Hippely family has been through, and we’ve personally apologized to them,” Walgreens spokeswoman Carol Hively said in a statement. “We have been, and continue to be, the leader in pharmacy safety initiatives. We had hoped the verdict would have been fair and reasonable.”
Hively said the company had not decided if it would appeal the decision.
NEW HOURS OF SERVICE REGULATIONS
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Posted on June 20, 2011 by Morgan Adams
I thought the new Hours of Service (HOS) Regulations made sense, and that there wouldn't be much controversy about the new regulations. After all, the new regulation just put back into place the old rule. The old rule required drivers of 80,000 pound tractor trailers to stop after driving 10 hours. The law was changed under President Bush to allow truckers to drive 11 hours, an extra hour over the prior regulations. So the proposed regulations just put things back the way they were. No harm, no foul, the government gets a do over because they messed up when they extended the HOS to 11 hours. Not a controversial move I thought when I first read it. WOW was I wrong! The trucking companies hate this proposal.
But why? Studies, such as the Penn State study (“On the Relationship of Crash Risk and Driver Hours of Service”) presented by Dr. Paul Jovanisat the 2005 International Truck & Bus Safety Security Symposium in Alexandria, Va. have shown that " the crash risk is statistically similar for the first six hours of driving and then increases in significant steps thereafter. The 11th hour has a crash risk more than three times the first hour." The 11th hour of driving is therefore 300 percent more dangerous than the first hour of driving. Of course the longer a truck is in motion the more money the trucking company makes. Should those profits really come at our, the public's, expense?
Don Schneider was able to make the Forbes 400 list as a Billionaire as the owner of Schneider trucking. Perhaps an industry that creates BILLIONAIRES can think about public safety... at least this once? Most drivers would also appreciate being limited to 10 hours of driving. They know that 11 hours is to long to be on the road. There is a reason they call trucks rolling sweatshops.
Here is hoping that the industry outcry doesn't overcome common sense on this. The 10 hour rule is far safer and simply puts the industry back where they were before the Bush expansion. It should be the law.
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Tennessee Truck Accident Lawyer Elected to National Traumatic Brain Injury (TBI) Board
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Posted on July 18, 2011 by Morgan Adams
One of the most common injuries for survivors of a truck accident is a Traumatic Brain Injury (TBI). These are actually traumatic brain damage cases because people don't get well from these injuries. As a result of handling large numbers of these cases for clients I have developed a sub-specialty in the area of TBI. Recently my hard work paid off and I was elected to the Board of the American Association for Justice's Traumatic Brain Injury Litigation Group (TBILG). This is the largest group of lawyers in the country representing those injured through the negligence of others. I look forward to helping other lawyers across the country handle these cases.
Some facts have become apparent in these cases :
ER doctors don't focus on TBI injuries because they wont kill you immediately, and that is all the ER doc is concerned about.In Mild Traumatic Brain Injury (MTBI) cases family members are in the best spot to determine the extent of the injury and the changes to the victim.A loss of consciousness is not needed in order for a TBI to occurI highly recommend that anyone that believes they, or a loved one, has a MTBI or a TBI, review the government's Center for Disease Control website and publications on TBI's. The government website can be found HERE.
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$2.4 Million awarded to women for Sponge left in her body
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A Broward County jury awarded more than $2.4 million to a first-grade teacher who lawyers said was left permanently disabled after doctors left a foot-long sponge in her body.Karlene Chambers, of Pembroke Pines, was scheduled for a routine Cesarean procedure on Sept. 11, 2001, at Memorial Hospital West.
A Broward County jury awarded more than $2.4 million to a first-grade teacher who lawyers said was left permanently disabled after doctors left a foot-long sponge in her body.Karlene Chambers, of Pembroke Pines, was scheduled for a routine Cesarean procedure on Sept. 11, 2001, at Memorial Hospital West. Nearly two weeks after her surgery, Chamber was readmitted to another hospital and placed in intensive care after she had severe abdominal pain.A CAT scan revealed that the surgeon who performed the C-section, Dr. Joseph Becerra of the Pembroke Pines OB/GYN Associates, had left a foot-long surgical sponge in Chambers’ body.
Truck Drivers on Drugs - Meth
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Posted on August 19, 2011 by Morgan Adams
I post frequently on the danger of impaired drivers, and specifically the dangers from impaired truck drivers. Not much surprises me anymore, this one did:
The Courier-JournalA Mississippi truck driver was arrested Thursday morning after Kentucky State Police found two active methamphetamine labs in the sleeper portion of his truck during a traffic stop on Interstate 71 in Carroll County.
Bobby K. Mitchell, of Myrtle, Miss., was charged with speeding, driving under the influence, manufacturing methamphetamine, unlawful possession of methamphetamine precursors, possession of a controlled substance and drug paraphernalia, according to a release from Kentucky State Police in Campbellsburg.
Police received erratic driving reports about the northbound truck around 10:30 a.m.
After a trooper pulled the vehicle over at the 43-mile marker, Mitchell was determined to be under the influence and a search of the truck followed. Police said Mitchell was cooking methamphetamine while he was driving.
The truck was hauling furniture, police said.
A state police hazardous materials technician responded to the scene and seized the labs.
Mitchell is being held in the Carroll County Detention Center, police said.
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Knight Transportation Destroys Evidence - Why You Need to Hire a Lawyer ASAP in Trucking Cases!
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Home > Spoliation > Knight Transportation Destroys Evidence - Why You Need to Hire a Lawyer ASAP in Trucking Cases!Posted on August 12, 2011 by Morgan Adams
Knight Transportation has been found guilty of destroying evidence. Destruction of evidence is typical in the trucking industry and a prime reason you need to hire a lawyer ASAP.
In the case at hand the federal judge in Texas stated:
[The Driver's] flight from the accident scene and Knight's hasty replacement of the truck's tires are the epitome of bad faith conduct. [The driver's] flight from the accident scene and Knight's hasty replacement of the truck's tires are the epitome of bad faith conduct. Surely the driver, a professional truck driver, knew that fleeing the accident scene not only violated the law but would necessarily thwart evidence recovery efforts on the truck. Likewise, Knight's replacement of the truck's tires within two days of the fatality accident, after its driver fled the scene and the state, cannot seriously be labeled anything less than intentional conduct.
Lastly, Knight's failure to preserve key Qualcomm messages, in the face of a request to produce and preserve by a law enforcement agency, also strongly evinces bad faith.
The full case can be downloaded HERE
NEED A TRUCK ACCIDENT LAWYER IN RHODE ISLAND?
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Posted on June 17, 2011 by Morgan Adams
I have written several articles on what you should look for when you hire a truck accident attorney for your case (See Here and Here). One of the attorneys I have learned from over the years, and who knows his stuff, is Bob Karns, a phenomenal Rhode Island truck accident attorney . Bob Karns also has a sub concentration in traumatic brain and spinal cord injuries which is a necessary focus of any lawyer handling trucking cases. I had the pleasure of catching up with Bob recently while speaking at the Rhode Island Bar Association.
Bob Karns' knowledge and experience in these areas is immense, and he is well respected by defense lawyers and insurance companies. Since insurance companies routinely lie to victims of trucking accidents (See HERE for an article on how insurance companies trick the victims of truck accidents), hiring a lawyer that is known for making insurance companies pay when they are unfair is critical. There is no question that Rhode Island truck accident victims are better off, and able to focus on healing and getting better, when Bob Karns is handling their case.
So what makes Bob different? He is a nice guy, but there are lots of "nice guys." Bob, however, is one of those nice guys that the bad guys just don't want to cross and get angry. He continues to attend trucking specific legal seminars and stays current on truck accident litigation trends and the trucking industry. He not only stays current on trucking law, he also stays current on the cutting edge medical treatment and needs required by his seriously injured clients. Just like there is special knowledge and materials needed to handle a trucking case not found in every car wreck lawyer's office, there are even more stringent needs and requirements required to handle clients with the special needs that arise from TBI (traumatic brain injuries) and spinal cord injuries.
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