San Francisco Injury Lawyer Blog
Another story of nursing home abuse has made the headlines again. This new story took place in Fair Oaks, California. According to the
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San Francisco Personal Injury Attorney Comments on Legal Implications of Third-Hand Smoke
http://The term third-hand smoke is a relatively new term that troubles some researchers and non-smokers. According to a study published in the Journal of Pediatrics, and as is discussed in Scientific American, third-hand smoke is a cocktail of toxins that linger in carpets, sofas, clothes and other materials hours or even days after a cigarette is put out, and it is a health hazard for infants and children. The study shows that most people surveyed agreed second-hand smoke is dangerous, but not all agreed that third-hand smoke can harm the health of infants. Third hand smoke actually refers to the toxins that remain and then pile up over time, coating the surfaces of a room. In small spaces the build up is heavy and noticeable, in larger spaces it is less visable-but that does not mean the smoke can not enter a child’s nose. Smokers, too, are contaminated and actually emit toxins from both their clothing and hair.
The toxins may be difficult to quantify, nevertheless they are present after the cigarette is put out. Consider the this: cyanide, a chemical that interferes with the release of oxygen to the tissues, and arsenic, a poisen used to kill mammals, are present in cigarette smoke. These toxins can build in layers on surfaces, such as floors, and pose a greater risk to children, simply because they are the ones exposed to these surfaces. They also ingest twice the amount of dust as adults, as they are have faster respiration and are closer to dusty surfaces. The developing brain is especially susceptible to low levels of toxins. As a result of these new revelations, several courts have recognized the right of children to be protected from thirdhand smoke. For example, in custody disputes, some judges have stipulated that there be no smoking 24 to 48 hours before a child is expected to arrive and smoking– or banned even when the child is not present, thereby protecting them from third-hand smoke. This new information shows that as more people become aware of the dangers of tobacco smoke residue, both judges and legislators will face the challenge of extending to nonsmokers the same protections from third-hand smoke as are provided from second-hand smoke.
The Hidden Dangers of Hip Replacements–San Francisco Injury Attorney Comments
According to newsinferno.com, Depuy Orthopaedics ASR hip implant were recalled last year and continue to claim victims, and the recall was not limited to the U.S. Globally, there have been thousands of hip replacements that utilized the Depuy implants. The Depuy hip replacement is a metal-on-metal hip implant that is made of chromium and cobalt, and the implant contains a cup that is implanted into the hip, and ball and joint that connect to the leg. The recall was issued after research showed that 1 out of every 8 patients who had received the implant had to have an addition surgery to fix failing implants only after 5 years, instead of the expected 15 years. Additional research also suggested that the implants have a high failure rate, especially in patients of small stature. Also, it is speculated that the complications with the implant have to do with the breakdown of the metal components, which release metal shavings that end up in the bloodstream. The result is cobalt poisoning, a dangerous condition that increases the risk of health problems, of which include dementia or heart failure.
Now, many patients around the globe are seeking legal action against the manufacturer, which happens to be a division of Johnson and Johnson. Many who received the implants may need additional surgery, but everyone who received the implant has a potential claim against the manufacturer, as well as the distributor. Already, patients in the U.S. have filed lawsuits and claims against Depuy, and more are likely to be filed. Also, just recently, all federal lawsuits against DePuy were consolidated in a multidistrict litigation in the US District Court for the Eastern District of Ohio. Depuy is recommending that implant patients have their blood tested to check for high levels of chromium and cobalt. If you or someone you love suffered an injury due to the use of a defective product or if you have questions regarding a potential claim, please contact our firm. We have over 10 years experience fighting for the victims of defective products.
Okland-San Francisco Injury Attorney Comments on Pedestrian Accidents in San Francisco
According to sfexaminer.com, on average, 22 pedestrians are killed each year in San Francisco and 800 are injured, which means over two walkers are hurt every day on city streets. Almost 50 percent of all traffic deaths in San Francisco are pedestrians, an amount more than four times the national average. Pedestrian accidents in San Francisco cost the city millions every year. To address this point, Mayor Gavin Newsom issued an executive directive that outlines goals to cut down serious traffic injuries and fatalities 25 percent by 2016, and 50 percent by 2021.
The directive states nine short-term goals, one of which includes a plan to reduce speed limits in school zones to 15 mph, the threshold for which pedestrians can struck by a car and survive, according to Walk SF. The directive also orders new approaches to secure funding for traffic-calming projects, stronger emphasis of pedestrian realms in all planning projects, and increased outreach with community organizations. Newsom is also creating a new Pedestrian Safety Task Force, which will be comprised of officials from SFMTA, the Department of Public Health, the San Francisco Police Department and other city agencies. He also wants a coordinated Citywide Pedestrian Action Plan to be established within 12 months.
Considering the fact that pedestrians account for about half the people killed in traffic collisions in San Francisco, it goes without saying that spending time and money to prevent such accidents is time and money well spent. At the same time this new directive will ultimately save the city money, money it usually spends to settle accident claims–it is estimated that collisions on San Francisco Streets cost the city $280 million a year, or about $350 per resident per year. Included in those costs are medical care, property damage, insurance expenses and loss of income. If you or a loved one suffered an injury due to a collision on the street, please contact our firm. We have over 10 experience winning injured pedestrians the compensation they deserve.
Oakland-San Francisco Attorney Comments on Dog Bite Injury
On December 29th, two dogs, a boxer and a Labrador, attacked Bob Ferguson, a 78-year-old IBM retiree, who was walking his small dog in a quiet cul-de-sac in the Blossom Bill neighborhood, according to San Jose Mercury News. Ferguson said that the dogs did not make a sound at the time they charged him. He was bit on his ear, head, and arm and had to go to the emergency, where he received 10 stitches in his ear. He believes he would be dead if a neighbor had not seen the attack and chased the dogs away. Another of Ferguson’s neighbors said the same two dogs attacked his German shepherd just days before, which cost the family $660 at the Veterinarian. They fear the dogs could attack children next.
San Jose city officials have initiated what is called a “dangerous dog attack” investigation based on the attack on Ferguson, and there will be a public hearing to decide what to do about the dogs and the owner. If it is decided that the attack remains in the category of “dangerous” and not “vicious,” then it probable that the dogs will be allowed to live under the condition that their owner buys liability insurance and takes strict measures to secure them. At the end of this story, the main thing Ferguson is left wondering is: “Why would a person living in a quiet neighborhood need two big, threatening dogs for protection?” Here at the Brod Law Firm, we agree. It is unfortunate that some dog lovers place their taste for aggressive dogs above the welfare of their neighbors– a dangerous hobby that seems to be gaining popularity.
If you or a loved one suffered an injury due to a dog bite and wonder if you have grounds to file a claim, please contact our firm today. Or if you questions regarding Dog Bite Law in California, please contact our Dog Bite Injury Attorney today. Our firm has over 10 years experience fighting for the victims of dog bites, and we have the expertise to win you the compensation you deserve.
San Francisco-Oakland Product Liability Lawyer Comments on Contaminated Products
The U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS) announced First Class Foods, Inc., of Hawthorne, California, is recalling approximately 34,373 pounds of organic ground beef products that may be contaminated with E. coli O157:H7, a potentially deadly bacterium that can cause bloody diarrhea, dehydration, and, in some severe cases, kidney failure. The USDA has classified the recall as a Class I, meaning it is a health hazard and the use of the product will probably cause serious, if not, adverse health consequences or death. The problem was discovered through company microbiological sampling. FSIS and the company have received no reports of illnesses associated with consumption of these products. Individuals concerned about an illness should contact a physician. FSIS routinely conducts recall effectiveness checks to verify recalling firms notify their customers of the recall and that steps are taken to make certain that the product is no longer available to consumers. The following products are subject to recall:
• 16-oz. packages of “NATURE’S HARVEST ORGANIC GROUND BEEF BRICK” sold singly with one of the following “USE or FREEZE by” dates: “12/30/10″ or “01/08/11.”
• 16-oz. packages of “ORGANIC HARVEST ORGANIC GROUND BEEF BRICK” sold singly and in three-packs with one of the following “USE or FREEZE by” dates: “12/28/10″ or “01/06/11.”
Oakland-San Francisco Lawyer Comments on Holiday Hit and Run
Last weekend, a 24year old man who was cycling in the mission district suffered serious injuries after being struck by a hit a run driver, according to SFGate.com. The cyclist was taken to San Francisco General Hospital. There is no detailed description of the suspect, except that his vehicle is described as tan or gold newer model four-door. The time was 12:20a.m. on December 25th and the cyclist was heading west on 25th street, and the car was heading east on 25th street. The driver hit the cyclist as he was making a left turn onto Bartlett Street. The police stated that the cyclist had the right-of-way, as the car was the one that was turning.
As it turns out, this intersection is notorious for car crashes and many near misses. Several people in the neighborhood wonder why there is not a stop sign at that intersection on 25th, as there are four-way stops at all the other intersections-the only stop signs at that intersection are on Bartlett, one of which is covered by foliage. Also they wonder: if there was a stop sign there, could this accident have been avoided? Many drivers take the smaller streets to avoid traffic, thereby placing cyclists who do the same in jeopardy. Some drivers coming from the freeway onto Caesar Chavez and into the Mission neighborhoods forget to slow down. Residents are petitioning for more stop signs at all dangerous intersections and vulnerable points in the area. They are also seeking to have the property owner, at the stop sign covered with foliage, trim the back the potential hazard. Here at the Brod Law Firm, we too believe drivers need to slow them down as soon as they take the off-ramp and begin entering neighborhoods with children, pedestrians, cyclists, and transit users.
If you or a loved one suffered an injury as the result of a bicycle accident, please contact our firm to see about filing a claim. With over 10 years experience defending injured cyclists, we have the expertise to guarantee you get the compensation you deserve.
San Francisco Personal Injury Attorney Comments on Toxic Air Surrounding Ground Zero
After almost six years since the attacks, thousands of rescue workers and volunteers are sick after being exposed to toxic dust at Ground Zero, such as the ironworkers who volunteered on the heap of rubble for days and are now sick and/or dying of lung disease. This happened despite the Agency for Toxic Substances and Disease Registry’s (ATSDR) warning on September 12 that there were significant asbestos readings in the air. The good news is that on Wednesday of last week Congress passed and the President reportedly signed the James Zadroga 9/11 Health and Compensation Act of 2010. The bill states its purpose is to “establish the World Trade Center Health Program (WTC Program) within the National Institute for Occupational Safety and Health to provide:
“(1) medical monitoring and treatment benefits to eligible emergency responders and recovery and cleanup workers (including those who are federal employees) who responded to the September 11, 2001, terrorist attacks; and “(2) initial health evaluation, monitoring, and treatment benefits to residents and other building occupants and area workers in New York City who were directly impacted and adversely affected by such attacks.”
In other words, this is healthcare for World Trade Center for all those responders sickened by toxic dust at Ground Zero. However, in order to get the James Zadroga 9/11 Health and Compensation Act past any unessasary obstruction in the US Senate, the bill was scaled back significantly. The original draft of the bill asked for a 10-year, $7.4 billion treatment and compensation package; the new version asks for 5 years at $4.2 billion. It also reopens the 9/11 Victims’ Compensation Fund to the responders, but it caps lawyers’ fees to 10 percent. The passage of the Zadroga Act is especially important to the 325 Ground Zero responders who were left out the recently approved World Trade Center Toxic Dust Settlement. The $4.3B billion package is an important action to support the 9/11 first-responders and volunteers injured-or handed out death sentences– after working at Ground Zero, but we wonder if it will be enough.
San Francisco Personal Injury Attorney Reflects on Industrial Negligence in California
Recently, the Environmental Working Group analyzed the drinking water in 35 cities across the United States and found that most contained hexavalent chromium, a commonly used, until the early 1990s, in some industries, such as in chrome plating and the manufacturing of plastics and dyes, and it has the ability to leach into groundwater from natural ores. The study is the first nationwide analysis of hexavalent chromium in drinking water to be made public, and it comes at the same time the Environmental Protection Agency is considering whether to set a limit for hexavalent chromium in tap water. Currently, the federal government restricts the amount of “total chromium” in drinking water and requires water utilities to test for it, but that includes both trivalent chromium, a mineral that humans need to metabolize glucose, and hexavalent chromium, the metal that has caused cancer in laboratory animals. Last year, California took the first step in limiting the amount of hexavalent chromium in drinking water by proposing a set goal of safe levels, and if our state does set a limit, it will be the first in the nation.
Osha’s website contains interesting facts about the chemical. For example it states: workers who breathe hexavalent chromium compounds at their jobs for many years may be at increased risk of developing lung cancer. Breathing high levels of hexavalent chromium can irritate or damage the nose, throat, and lungs. Irritation or damage to the eyes and skin can occur if hexavalent chromium contacts these organs in high concentrations or for a prolonged period of time. When inhaled, Hexavalent chromium has been known to cause lung cancer, but scientists recently found evidence that it causes cancer in laboratory animals after it is ingested. It has been linked in animals to liver and kidney damage as well as leukemia, stomach cancer and other cancers. The American Chemistry Council, which represents the chemical industry, says the California goal is unrealistic because some water supplies have naturally occurring hexavalent chromium that is higher than limits proposed.
If you or a family member has been injured due to industrial negligence, please contact our office today. We have over 10 years experience fighting-and winning- personal injury lawsuits.
Drug Misuse at Nursing Homes is the Same as Abuse, says San Francisco Personal Injury Attorney
Did you know that some nursing homes homes and elder care providers are using psychotropic drugs to restrain unruly residents? According to a recent report, experts claim over-drugging is common nationwide, and the number of nursing home residents who are given these drugs is rising, and that one in every four patients is given anti-psychotic drugs. Some have suffered from a variety of adverse responses such as, tremors, dangerous lethargy, and a higher risk of harmful falls or even death. The food and drug administration has stated that the unnecessary use of these drugs kill 15,000 nursing home patients each year. In some situations, elderly people are actually held down and restrained against their will, and given excessive amounts of medicine to keep them quiet or from bothering staff.
Behavior problems, such as verbally or physically agitated behavior, are a challenge that many nursing homes do not know how to face. Sometimes antipsychotics are administered during a patient’s first week at a nursing home. Residents who are taken off psychotropic drugs must face withdrawal-and sometimes the discontinuation of medication can cause a worsening of behavior. It is illegal for nursing homes to prescribe these types of drugs without informed consent. A written statement of informed consent and valid psychiatric diagnosis must be obtained, and any resident whose level of cognitive function is sufficiently intact can be asked to provide consent for himself of herself. If a resident is unable to provide informed consent, a legally appointed guardian or family member responsible for their care should be contacted and asked to provide consent for them. If you or a loved one have been abused at a nursing home , please contact our firm for a free consultation. We have over 10 years fighting for the victims of elder and nursing home abuse.