Cherry Hill, New Jersey Personal Injury Lawyer - Wrongful Death

Uninsured Trauma Patients Almost Twice as Likely to Die – We Need a System that Works

Camryn Hansen — Wed, 18 Nov 2009 21:56:33 GMT

Legally, it’s not supposed to matter whether emergency room patients have insurance or not. The Emergency Medical Treatment and Active Labor Act, passed by Congress in 1986, guarantees that all people brought to the emergency room receive all the treatment they require, independent of their ability to pay.

And yet, a study just published in the Archives of Surgery found that patients lacking insurance are 80% more likely to die from traumatic injuries than those with private insurance, including commercial health plans, health maintenance organizations, and Medicaid.

Trauma physicians said they were surprised by the findings, even though a slew of studies had previously documented the ill effects of going without health coverage. Uninsured patients are less likely to be screened for certain cancers or to be admitted to specialty hospitals for procedures such as heart bypass surgery. Overall, about 18,000 deaths each year have been traced to a lack of health insurance. –LA Times

While the researchers from Harvard University and Brigham and Women's Hospital in Boston were expecting to find some disparity in risk between insured and uninsured trauma patients, they were shocked at just how large the disparity was.

The researchers offered several possible explanations for the findings. Despite the federal law, uninsured patients often wait longer to see doctors in emergency rooms and sometimes visit ERs at several hospitals before finding one that will treat them. Other studies show that, once they're admitted, uninsured patients receive fewer services, such as CT and MRI scans, and are less likely to be transferred to a rehabilitation facility. –LA Times

Whatever the explanation, findings like this make it clear that we need to do away with a health care system that effectively makes second class citizens out of the uninsured.

Originally posted at InjuryBoard by Camryn Hansen

Wrongful Death Lawsuit after Fatal DC Metro Crash

Camryn Hansen — Mon, 06 Jul 2009 17:10:59 GMT

The family of 29-year-old Veronica DuBose, who died in the horrific DC Metro crash on June 22 that killed 9 and injured 80 others, has filed a wrongful death lawsuit seeking $25 million in damages. Dubose was the mother of two children, one 7 and one 20 months.

The DC Metro crash happened on the Red Line close to 5 pm, when a train collided with the back of another train, throwing the first car of the colliding train on top of the train in front of it. Several passengers were thrown from the colliding train in the force of the crash.

According to investigators from the National Transportation Safety Board (NTSB) and Metro transit, the colliding train’s operator was not at fault, and tried to prevent the crash by pulling the emergency brake for at least 400 feet before the two trains hit. The brake didn’t adequately respond; the train was being controlled by computer at the time.

Last week, officials determined a device in the Red Line’s crash avoidance system to have been faulty. The device, a Wee-Z bond, helps detect nearby trains and maintain safe distances between them. This particular train’s Wee-Z bond had been replaced five days before the crash, and hadn’t been functioning properly since. Investigators won’t say, however, whether this particular malfunction caused the crash. They are currently checking the entire metro system for similar malfunctions.

The wrongful death suit names defendants Washington Metropolitan Area Transit Authority (WMATA) and Alstom Signaling, Inc. which is responsible for the Metro trains’ computer control systems.

Originally posted at InjuryBoard by Camryn Hansen

Husband of Swine Flu Victim Sues US Pig Farmer Smithfield Foods for Wrongful Death

Camryn Hansen — Wed, 13 May 2009 20:12:31 GMT

The husband of 33 year-old Judy Trunnell, the first US resident to die from the swine flu, or H1N1 virus, has filed a lawsuit against the Smithfield Foods, the American owner of the Mexican pig farm thought to be the virus’ birthplace.

Contradicting health officials’ reports that Trunnell had “chronic” health problems which contributed to her death, Trunnell’s husband Steven claims she was always in excellent health. She had delivered a baby girl by C-section only a few days before her May 5 death, after being admitted to the hospital with flu symptoms and slipping into a coma shortly afterward.

The petition filed Monday in state district court in Cameron County seeks permission to conduct depositions for a possible wrongful death claim against the $12 billion company.

“Take a million pigs and put them into a relatively small area and it creates a breeding ground for certain things,” [Steven Trunnell’s attorney Marc] Rosenthal said. “We believe that the evidence may show that it was ground zero for swine flu.” - Lynn Brezosky, Express News

Smithfield Foods, who shares ownership in the world’s largest pig farm in Veracruz, Mexico, has made no comment on the lawsuit.

Steven Trunnell said he first approached a lawyer about health officials telling news media his wife had “chronic” underlying respiratory problems. The CDC later said Trunnell “had a history of psoriasis and mild asthma.”

Trunnell said his wife did not have asthma, though she was prescribed an inhaler, which he said was her first ever, for a recent cold.

“I wanted to get to the bottom of them misinforming the press as well as violating any privacy issues,” Trunnell said. “The first time I read it I was appalled. I can't even express the words. I'm not blaming the press as much as I'm blaming whoever's giving them the information.” -EN

According to the CDC, about 20 swine flu cases in the US are pregnant women, whose health it is closely monitoring.

Originally posted at InjuryBoard by Camryn Hansen

Man Died After Having Wisdom Teeth Pulled; New Jersey Jury Awards $11 Million for Dental Malpractice

Camryn Hansen — Mon, 09 Mar 2009 22:06:42 GMT

In the largest oral surgery malpractice verdict in New Jersey history so far, a jury awarded $10.2 million this week to the family of 21-year-old Francis Keller of Woodbridge, who died from suffocation after having his wisdom teeth removed by oral surgeon Dr. George Flugrad, of Perth Amboy.

Because Keller had a genetic immune disorder which caused severe swelling in reaction to trauma, he should not have been a candidate for dental or any other surgery. The morning after his tooth extractions, he began to have trouble breathing, and suffered from throat swelling that ultimately led to suffocation and death.

The Middlesex County jury found that Dr. Flugrad committed malpractice when he extracted the wisdom teeth in full knowledge of Keller’s genetic condition.

If you would like a free consultation by an experienced New Jersey attorney to let you know whether you have a meritorious malpractice case, contact New Jersey medical malpractice attorney Michael A. Ferrara, Jr. at mferrara@ferraralawfirm.com.

Originally posted at InjuryBoard by Camryn Hansen

Chrysler Crashes Funeral Demanding Body; Prevents Burial to Fight Lawsuit

Mike Ferrara — Sun, 08 Mar 2009 18:37:09 GMT

The funeral of Harold St. John, a retired airline employee and former auto mechanic who died from mesothelioma caused by asbestos exposure, was interrupted at a New Jersey cemetery last week when, in a new moral low for defense tactics, a Chrysler official arrived with subpoena for his body.

The subpoena, which prevented the burial from taking place, was issued so that more tests could be performed to determine the cause of death. Before he died, 67-year-old St. John had sued Chrysler, along with Honeywell, claiming that the automobile brake linings he used to install in his father’s auto shop in the 50s and 60s had caused his illness.

The trial was set to begin March 9. Unexpectedly, St. John died on February 28. Though he had undergone a painful biopsy to provide a lung tissue sample while still living, Chrysler insisted on taking the body from its burial site before it could be laid to rest.

Mike Palesi, a spokesman for the car company, issued a statement from Detroit:

"Chrysler's sympathies are with the St. John family for their loss. Unfortunately, this process is routine in such matters in order to preserve tissue needed to establish the cause of asbestos-related disease. Chrysler acted in a timely fashion, in accordance with directions from the New Jersey Court of Appeals, and in full knowledge of the family's attorneys. Numerous epidemiological studies have, indeed, refuted the link between automotive products and asbestos-related disease." -WCBSTV

The wife and children of Harold St. John are furious over Chrysler’s machinations, and intend to fight the company’s demands for more tissue samples. They will voice their objections at a hearing in Newark on Monday, where hopefully, the court will not take kindly to the flagrant disrespect Chrysler has shown the grieving family.

Originally posted at InjuryBoard by Mike Ferrara

Being Overweight in America Brings New Threats: Obese Children and Teens Developing Serious Liver Problems

Mike Ferrara — Mon, 15 Sep 2008 14:54:47 GMT

It’s been big news for years now: Americans by the droves are threatening their health by living with too much body fat. Currently, over two thirds of Americans are overweight (BMI>25) and a full third of the country has become obese (BMI>30).

Children and teens also suffer with weight problems. Since 1980, the number of overweight children and teens in America has more than tripled, and now stands at 15%. Weight-related diseases such as type 2 diabetes are at an all-time high among this group as well.

In a new and disturbing development, a growing number of teenagers are starting to develop liver problems caused by too much body fat. Some of them sustain so much damage to their livers that they require liver transplants just to stay alive.

The damage is caused by a condition called nonalcoholic fatty liver disease, which can lead to cirrhosis as well as, ultimately, to liver failure and/or liver cancer. The American Liver Foundation has estimated that two to five percent of American children over age five are living with fatty liver disease. Almost all of these children are overweight.

Despite statistics like these, pediatricians are not testing overweight children for fatty liver disease at the rate they should. A simple blood test can reveal the presence of the disease. Other warning signs include excess belly fat, diabetes, high cholesterol, and heart problems.

Fat that builds up in the liver over long periods of time can lead to scarring, which in turn, can result in cirrhosis, a live-threatening condition that has more often been caused by hepatitis or excessive alcohol consumption. If fatty liver disease has not yet led to cirrhosis, however, it can be reversed. Working to combat obesity with a healthy diet and regular exercise is the first crucial step on the road towards a healthy liver.

Originally posted at InjuryBoard by Mike Ferrara