Mississippi Injury Lawyer Blog

Oregon jury awards 4.5 million to pain pump victim

An Oregon jury awarded $4.5 million to a man injured by a pain pump manufactured by I-Flow Corp. of Lake Forest, California. In 2004, Matthew Beale hurt his right shoulder while playing football. After surgery, doctors inserted a pain pump, which delivered pain medication directly into his shoulder through a catheter. Over the next few months, Beale complained of continued pain. Doctors found the cartilage in his shoulder joint was almost completely worn away, a condition known as chondrolysis. At trial, attorneys for Beale proved the unapproved use of the pain pump caused the chondrolysis, a permanent injury.

The case was considered a test case for many other lawsuits pending against the manufacturer of the pain pump for an unapproved use of the medical device. The pain pump was only approved by the FDA for use in soft tissue, but I-Flow marketed it directly to doctors without informing them of the risks of using it on joints. In fact, I-Flow had previously request the FDA to approve it for use in joints, but the request was denied. Other lawsuits are pending against I-Flow, Stryker, Sorenson and other manufacturers of these pain pumps. I-Flow was acquired by Kimberly-Clark last year.

If you have been injured by a pain pump, or other medical devices, call the Kisselburgh Law Firm for a free consultation to discuss your legal rights.

Tractor trailer driver watching porn on laptop strikes and kills motorist

State police in New York are reporting that a truck driver who struck a disabled car last month in New York, killing the driver of the car, was watching poronographic movies on his laptop computer at the time of the crash. According to the report, Thomas Wallace of Brook Park, Ohio was arrested this week on charges of second-degree manslaughter for the death of 33-year-old Julie Stratton, a mother of two.

This epitomizes the problems with technology in vehicles. It is a distraction that kills. Whether it is texting, watching videos on a computer, or playing with a cell phone, the fact is that the cab of a tractor-trailer is no place to be multitasking.

Recently, the government conducted a study of the problems with operating a tractor-trailer while texting. The study, "Driver Distraction in Commercial Vehicle Operations", showed that the most risky behavior was text messaging on cell phones and that a driver texting was 23.2 times more likely to be involved in an accident while texting while driving. Technology has its place, but most of it has no place in the driver's seat of a big rig truck or any other vehicle.

The Kisselburgh Law Firm is a Mississippi accident injury law firm which handles all types of cases involving serious injury or death including tractor-trailer crashes, car accidents, motorcycle accidents, drunk driving accidents, injuries from defective products, on-the-job injuries, and medical malpractice. If you have questions, call us at 601.936.4040 or contact us online.

U.S. Attorney brings charges of kickbacks against J&J in nursing home prescription drugs

The U.S. Attorney in Boston brought charges against Johnson & Johnson and two of its subsidiaries for paying kickbacks to Omnicare, Inc., the biggest dispenser of prescription drugs in nursing homes. The article says prosecutors alleged Omnicare pharmacists recommended nursing home patients with signs of Alzherimer's to be put on Risperdal, a powerful schizophrenia drug linked to increased deaths.

This filing comes on the heels of the Food & Drug Administration claiming Johnson & Johnson's delayed its recall of Tylenol and other over-the-counter medications for over a year given J&J first knew of problems in September, 2008.

Reported by: Robert Kisselburgh, Mississippi Accident Injury Lawyer

Attorneys beware--watch out for those subrogation liens.

Two days ago, the Sixth Circuit Court of Appeals affirmed a summary judgment where a plaintiff's attorney was found liable to the ERISA health plan for settlement funds he disbursed. A fellow blogger, Health Plan Law, has a great discussion of the case here.

For those with personal injury lawsuits, if your health insurance company pays for your medical and you ultimately recover money from the person who caused those injuries, your health insurance company has a subrogation lien for the amount of medical paid. That means you could possibly have to pay the insurance company for the amount it paid for medical expenses you ultimately recovered from the liable party.

In the case above, the client did recover monies and the attorney disbursed the settlement funds without paying the insurance company back for the medical it paid on behalf of the client. The plan ultimately sued the client and attorney for the money. Lesson to all parties. Prior to settling a personal injury case or disbursing funds from a personal injury settlement, make sure you have paid all liens.

Reported by: Robert Kisselburgh, Mississippi Accident Injury Lawyer

Mississippi company recalls Off-Road Utility vehicles

According to the Consumer Product Safety Commission, Bad Boy Enterprises LLC of Natchez, Mississippi, is recalling "Classic Buggies" due to some of the vehicles accelerating without warning. The manufacturer has received 32 reports of unexpected acceleration which can cause injury to riders and bystanders.

If you or a loved one has been injured by driving or riding in an off-road vehicle, contact our Mississippi Injury Law Firm to discuss your legal rights. The Kisselburgh Law Firm is a Mississippi accident injury law firm which handles all types of cases involving serious injury or death including car accidents, tractor-trailer accidents, motorcycle accidents, drunk driving accidents, and injuries from defective products. If you have questions, call us at 601.936.4040 or contact us online.

Tort Reform debate is a red herring in Mississippi and other states

Over the last couple months, the "Tort Reform" debate has heated up again. With Washington looking at health insurance reforms, the U.S. Chamber of Commerce and their many mouthpieces are talking about the need for more tort reform. Folks, it's a red herring. The high cost of health insurance is not due to out-of-control lawsuits brought by evil plaintiff attorneys. The facts prove it.

One of the great myths perpetuated during these tort reform debates is that doctors are practicing defensive medicine because they are afraid if they don't run the test, they will be sued. This myth was busted by a number of reports showing defensive medicine is motivated more by profits for doctors who are making money when they send patients for medical imaging. The New Yorker ran a great piece about the high costs of medical care in McAllen, Texas, the Dallas Morning News reported on the increase of medical imaging in the Dallas-Fort Worth metroplex and doctor discussed his first-hand experience with over-utilization as a patient.

Indicative of the myth is a great exchange between local two McAllen, Texas doctors in the New Yorker article:

"McAllen is legal hell," the cardiologist agreed. Doctors order unnecessary tests just to protect themselves, he said. Everyone thought the lawyers here were worse than elsewhere.

That explanation puzzled me. Several years ago, Texas passed a tough malpractice law that capped pain-and-suffering awards at two hundred and fifty thousand dollars. Didn't lawsuits go down? "Practically to zero," the cardiologist admitted.

"Come on," the general surgeon finally said. "We all know these arguments are bull---t. There is overutilization here, pure and simple." Doctors, he said, were racking up charges with extra tests, services, and procedures.

Another great myth perpetuated during the tort reform debate is that doctors are leaving the state due to out of control lawsuits. This was a big one used by Mississippi's governor. However, facts prove otherwise. A recent article reported there was no decrease in the number of doctors in Mississippi. It stated, "Information compiled by the American Medical Association ... shows that the number of physicians in Mississippi rose steadily in years leading up to tort-reform legislation in 2004, and even slowed its increased following 2004."

So let's put the "tort reform" punching bag away and get down to studying the true problems of our health care system and the need for reform.

h/t: ThePopTort.com has a number of articles on this issue at here, here, here, and here.

Information provided by Robert Kisselburgh, Mississippi Accident Injury Attorney

Another new diet drug being tested

Reminiscent of the fen-phen diet drug, phentermine (the "phen" of "fen-phen") is being used in combination with the anticonvulsant drug topiramate in hopes of being the new diet drug. In a recent announcement, Vivus, the developer of the drug combination known as Qnexa, says patients lost an average of 37 pounds a year. In the first trial, EQUIP, of the drug involving 1,200 obese patients, there was an average of 14.7 percent weight loss, but only at the higher doses. In the second trial known as CONQUER, approximately 2,500 patients received the drug combination and showed an average of 30 pounds of weight loss, again at the highest doses.

Phentermine, a stimulant, has the ability to act as an appetite suppressant. But it can also increase blood pressure and heart rates. That was why it was prescribed with fenfluramine during fen-phen. The fenfluramine, Pondimin, counteracted the stimulant effect. In this new drug combo, Topiramate is the downer. Topiramate is best known as an epilepsy drug which gained increased off-label use when some studies showed it had a beneficial "effect on binge eating and weight reduction."

The worrisome aspect is the lack of reliable long-term safety data. If Vivus decides to go ahead with further testing of the combination and get approval for the combination, then the Food and Drug Administration (FDA) will require further safety testing. However, that is a big IF. And the fact is that Phentermine and Topiramate are FDA approved drugs. While they have not been approved in a combination form by the FDA, there is nothing which prevents doctors from prescribing the combination now. That is what happened in Fen-Phen. Two FDA approved drugs were used in combination for long term use without reliable long term safety data. When the studies were finally done, they showed major problems with cardiovascular risk as well as increasing the risk of a deadly disease known as primary pulmonary hypertension.

The weight loss industry is a billion dollar industry and our society is always looking for the quick fix. Unfortunately, the answer does not lie in a drug combination. If a drug were the answer, you would have to take the drug for the rest of your life. I have yet to see any study showing any drug or drug combination keeps weight off after you quit taking the drug. In fact, studies upon studies have shown that when a person quits taking a pill or goes off their diet, the weight is regained plus more. This is called the rebound effect. The only way to counteract that rebound effect is exercise and changes in eating habits.

So there is the problem. If you have to take these drugs for a long period of time to lose the weight AND keep it off, where is the safety data showing long term safety? Currently, there is none. Until there is long-term safety data showing the safety of using these drug in combination for long period of time, people should not take the combination for weight loss nor should doctors prescribe it.

Hopefully, the FDA will closely monitor any future trials as well as step up vigilance to ensure the manufacturers of Phentermine and Topiramate are not promoting this off-label combination use of the drugs.

Reported by Robert M. Kisselburgh, Mississippi Injury Attorney

Texting while driving more dangerous than drunk driving

As of July 1, 2009, teenagers in Mississippi, who hold either an intermediate license, a temporary learning permit, or a temporary driving permit, cannot send or receive texts on their phones while driving. Doing so is a misdemeanor subject to a fine.

While the law did not go as far as some wanted, it was an initial step in curbing a new behavior which is leading to deaths of motorist across the country. I know my children are more apt to text than talk on the phone. But unfortunately, many in our multitasking society think we can safely operate a motor vehicle while texting on the phone. However, recent studies show those texting while driving poses a greater risk than those who drink and drive. A recent study by Car and Driver found that drivers texting were 3 to 4 times slower than drunk drivers to apply their brakes to avoid a collision. The reason is simple. The driver's attention is not on the roadway in front of them, but on sending or reading the message on their phone.

It is time for the Mississippi legislature to take the law further. No one can safely operate a vehicle while texting on a phone. A couple months ago, I was coming back from Vicksburg on I-20 and was behind an 18 wheeler. The driver was having a hard time staying in his lane and kept drifting to the right and left. I decided to pass him in the left lane and as I pulled up to the cab, I looked up and saw the driver holding his phone in front of him trying to read messages on his phone.

The movement to ban texting by all drivers is growing. Currently, 18 states (Alaska, Arkansas, California, Colorado, Connecticut, Illinois, Louisiana, Maryland, Minnesota, New Hampshire, New Jersey, New York, North Carolina, Oregon, Tennessee, Utah, Virginia, and Washington) have passed laws banning texting while driving. Hopefully, Mississippi will become part of the movement. Recently, the Governors Highway Safety Association supported a complete ban on texting while driving. The decision was influenced by a recent study from the Virginia Tech Transportation Institute that indicated that a driver who is texting increases crash or near-crash risk by 23 times.

The Kisselburgh Law Firm is a Mississippi injury law firm which handles all types of cases involving serious injury or death including car accidents, tractor-trailer accidents, drunk driving accidents, motorcycle accidents, construction accidents, and injuries from defective products. If you have questions, call us at 601.936.4040 or contact us online.

Injury victims not provided for in General Motors bankruptcy

Most people have heard about the bankruptcy of General Motors and its attempt to reorganize as a "new" company. This week U.S. Bankruptcy Judge Robert Gerber gave General Motors the green light to move forward by selling the majority of its assets to a the "new" General Motors. However, what happens to those individuals who had pending product liability claims against General Motors prior to the bankruptcy filing?

Under the plan approved by the Bankruptcy Judge, those individuals with pending product liability claims against General Motors prior to the June 1, 2009, would have to look to the "old" General Motors to recover any monies to compensate them for their loss. The "new" General Motors has agreed to assume responsibility for future claims involving vehicles made by the "old" General Motors. The problem is that "old" General Motors will have limited assets and as one source stated, "those seeking claims against Old GM would likely get nothing."

Let's put a face on this problem. Robert Dinnigan, whose 10-year-old daughter was left a quadriplegic in an car accident while riding in a 2003 GMC Envoy two years ago, currently has a lawsuit pending against General Motors. According to the Mr. Dinnigan, he faces medical bills around $500,000 a year and needs $100,000 to make improvements to his home for his daughter's care given she is confined to a wheelchair. If the current plan were approved, he would probably be unable to recover any money from the "old" General Motors if he proves General Motors was responsible for his daughter's injuries.

An appeal is being filed on behalf of those accident victims in hopes those injured by General Motor products prior to June 1, 2009, will have some recourse. How big is the problem? Huge. According to the Associated Press, General Motors paid $1.1 billion in product liability payments in 2007 and $960 million in 2008. It is estimated that there are currently 1,000 lawsuits pending against General Motors that will be negatively impacted by this decision. If the bankruptcy ruling stands, those approximately 1,000 pending product liability claims against General Motors would most likely receive nothing for their injuries from General Motors. How do you explain that problem to the father of the girl injured by a defective car that has left her a quadriplegic for life? Who pays for her care? Who compensates her for her loss?

The Kisselburgh Law Firm is a Mississippi injury law firm which handles all types of cases involving serious injury or death including car accidents, tractor-trailer accidents, motorcycle accidents, drunk driving accidents, and injuries from defective products. If you have questions, call us at 601.936.4040 or contact us online.

Fatal accident involving pedestrian and Jackson P.D. patrol car

A 42-year-old man was killed in Jackson, Mississippi last night after he was struck by a Jackson Police Department patrol car headed to an emergency call. The wreck occurred at U.S. 80 and Valley Street in Jackson, Mississippi. Jackson police were responding to an emergency call of a man with a gun when one of the patrol cars struck the pedestrian who was attempting to cross the highway. Reports are that the police were running with lights and sirens. The pedestrian was reportedly wearing dark clothing. The Hinds County Coroner said the Jackson man died at the scene as a result of multiple, blunt-force trauma.

Source: Clarion-Ledger

Information provided by Mississippi Accident Attorney, Robert Kisselburgh

Contact number: 601.936.4040

Car seats save children from injury

In a story we usually don't see in Mississippi, two toddlers properly strapped in their child car seats were unharmed after the vehicle they were riding in flipped over during an accident in Pearl, Mississippi. According to the Pearl Police Department, a black Ford Ranger was traveling north on Pearson Road when a white Ford Expedition pulled into its path. The collision caused the Expedition to flip with the toddlers inside. Although the driver of the Expedition was transported to an area hospital, the two toddlers were unharmed.

Seat belts saves lives. As parents, we have the responsibility to ensure our children are properly belted when riding in vehicles. The parent of these toddlers did so and even though a tragic accident occurred, the toddlers were fine. We need more stories like this in Mississippi as opposed to those describing how some child was ejected from the vehicle during an accident or injured because they were not wearing a seatbelt.

The Kisselburgh Law Firm is a Mississippi injury law firm which handles all types of
cases involving serious injury or death including car accidents,
tractor-trailer accidents, motorcycle accidents, construction accidents, and
injuries from defective products. If you have questions, call us at
601.936.4040 or contact us online.

Drunk driving a problem in Mississippi

According to a Forbes, Mississippi ranks as the third worst state for drunk driving. In 2007, almost 13,000 people were killed in drunk driving accidents with over 300 of them occurring in Mississippi. More disconcerting is the fact that 8% of those involved in the crashes had one or more prior DUI convictions.

Having represented victims of drunk driving, one particular case made a lasting impression. I represented the family of a young police officer killed by a drunk driver. The police officer pulled off the highway to assist a motorist change their tire. The drunk driver, who had over 10 previous alcohol related charges, struck the motorist's car and the police officer, severing his legs in the wreck. The officer died at the scene. The drunk driver lived and went to the penitentiary for his crime. My client's lost a son. This was a preventable crime. Every day you can open the newspaper, watch the T.V., or listen to the radio and hear of another tragic accident involving alcohol. Something needs to be done.

Legislation increasing the penalties for drunk driving recently passed in the Mississippi Senate and is now awaiting committee action in the House. If passed, the legislation would double the fine for anyone convicted of DUI with a blood-alcohol content of .15% or greater as well as allow for ignition interlock devices to be used for anyone convicted of a DUI offense. If you support this important legislation, call your representative and ask for their support. If you have been a victim of a drunk driver, the Kisselburgh Law Firm is experienced in handling drunk driving injuries. Call now at 601.936.4040 or contact us online to schedule a free consultation to discuss your case.

Pedestrian struck by truck in Jackson, Mississippi

A man was critically injured last night after he was struck by a truck near Northside Drive in Jackson. Witnesses said the man was attempting to cross Northside Drive when he was hit by a Chevy pickup truck. The man was taken to the University of Mississippi Medical Center.

If you have been seriously injured in an accident, you need to consult with an experienced attorney. Call the Kisselburgh Law Firm at 601-936-4040 or contact us online to schedule a free consultation.

Drug manufacturer loses battle over federal preemption in prescription drug case

It is a great day for consumers harmed by prescription drugs. Today, the United States Supreme Court issued a 6-3 opinion rejecting Wyeth's argument (the drug manufacturer) that state law failure to warn cases for prescription drugs are preempted by federal law and that if the Food and Drug Administration approves a label for a prescription drug, no state law claim against the manufacturer for inadequacy of warnings exists.

In Wyeth v. Levine, Justice Stevens delivered the majority opinion of the court rejecting Wyeth's arguments. The most disingenuous argument by Wyeth was that the FDA regulations set both the floor and ceiling on the adequacy of warnings for prescription drugs. History rebutted this argument as the FDA, as well as many drug manufacturers, have previously stated the FDA's regulations on prescription drug warnings are a minimum standard which can be exceeded by the manufacturer.

What many people do not realize is that the Bush administration made a concerted effort to preempt many state law claims in the area of product liability laws by adding preambles to new rules from federal agencies, such as the Food and Drug Administration, Department of Transportation, and Environmental Protection Agency, stating that federal law preempted any state law claims regarding products subject to regulation by these agencies. While today's opinion was limited to the Food and Drug Administration's regulation of warnings on prescription drugs, the decision will have a broader impact on the previous administration's efforts to deny citizens their right to bring lawsuits against product manufacturers for defective products.

If you have been seriously injured by a defective product, you need to speak with an experience product liability lawyer. Call the Kisselburgh Law Firm at 601-936-4040 or contact us online to set up a free consultation to discuss your case.