San Francisco Injury Lawyer Blog

Californians Beware! How Safe are Prescription Drugs in California or Anywhere in the Nation?

March 3, 2009 | Gregory J. Brod

Yesterday, Bloomberg.com reported that the drug maker AstraZeneca pushed salespeople to tell U.S. doctors its antipsychotic drug Seroquel didn’t cause diabetes more than two years after warning physicians in Japan of possible links to the disease. This report brings into the foreground the dangerous practice by drug makers of making false and misleading statements to sell drugs. This phenomenon was recently noted in article in LawyersandSettlements.com, where the makers of Seroquel were cited for downplaying the side effects associated with the drug and for the practice of prescribing the medication for conditions it was not designed to treat, also known as off-label marketing. The article states that “Seroquel is an anti-psychotic drug that was approved by the FDA for the treatment of Schizophrenia and manic episodes associated with Bipolar I disorder …and is being prescribed for everything from anxiety, to children with attention deficit disorder. ” Sadly, as noted in the article, “it is this off-label marketing that creates a boost in sales for drug makers.” The article also adds, because “drug companies are prohibited from directly advertising a product for use beyond that which it has been approved by the FDA”…they take advantage of a loophole that exists in the system, the” loophole that gives doctors and qualified health care professionals the capacity to make subjective decisions based on perceived or assumed benefit.” Consequently, drug makers focus their marketing on the medical community. Medication that is prescribed off-label to healthy people represents the largest market for drug makers.
Cases such as these, where drug companies put profits before people, are becoming more and more common. FDAnews.com reported in September of last year that Cephalon agreed to pay $444 million in damages and penalties to settle allegations of improper off-label drug marketing. A public interest group called The New Jersey Public Interest Research Group has been researching these practices and put out a report titled “Turning Medicine into Snake Oil” in 2006. The report highlights the issue of off-label marketing and the FDA’s inability to police drug marketers. They state: “When drug marketers promote off-label by broadening the drug’s indication-meaning they urge doctors to ignore the safety-based limitations the FDA imposed on a drug’s use- they are promoting the drug for uses it is effective for, but which the FDA decided are not justified, given the drug’s risks. Patients given these prescriptions are by definition exposed to unnecessary, excessive risks.” In turn, patients who are exposed to excessive risks can or will be injured, even killed. Patients place trust in their doctors, and are violated when unnecessarily prescribed drugs with dangerous side effects. Here at the Brod Law Firm we are prepared to help anyone who has been injured or has lost a loved one due to a dangerous prescription drug.

California Rollover Accident Leaves Passengers Unharmed

February 6, 2009 | Gregory J. Brod

The other day an article about a rollover accident, involving a black Ford Explorer in Orange County, California, caught our attention. The accident was a single vehicle accident in which the driver and passenger, an infant strapped in a car seat, were not injured after rolling over, at least once, through two lanes of traffic. We find stories such as these amazing, since so many rollover accidents usually end in injury or death of passengers. What is more, the amazing outcome of this accident proves car seats do save lives. According to a recent article in the Washington Post, regarding a study done by the Traffic Safety Center at the Department of Environmental Sciences at the UC Berkeley, placing infants and small children in age-appropriate car seats significantly reduces the odds that they will die if they are in a motor vehicle accident. Specifically, the study found, the odds of a baby under 1 year of age dying in a car accident dropped by 73 percent if the infant was riding in a baby car seat. And the odds of children between 1 and 2 dying in a collision went down by 76 percent when they were properly restrained. Also, car seats were found to be most effective in preventing fatalities in rollover accidents.
Not only are car seats important for providing safety to infants and toddlers, but finding the right safety car seat is key to saving their lives. The American Academy of Pediatrics (AAP) recommends that all infants should ride rear- facing, starting with their first ride home from the hospital. Once a child has reached the highest weight allowed by the manufacturer of a rear-facing car seat, they should ride in a forward-facing seat. They should ride in a forward-facing seat with a harness until they outgrow it-usually when they are about 4 years of age. Booster seats are recommended for older children who have outgrown their forward-facing seats. And a child should stay in a booster seat until adult seat belts fit correctly-usually when the child reaches about 4’9″ in height and is between 8-12 years of age.
We, the attorneys here at the Brod Law Firm, find these tips very useful for anyone who drives with their children, as our most important concern is public safety. Although we are ready to assist anyone involved in any type of accident, whether it is catastrophic or minor, we are glad when we hear about accidents like this one involving an unharmed driver and infant after a rollover.

Peanut Butter Recall – Potential Injuries

January 30, 2009 | Gregory J. Brod

On January 13, 2009, the Peanut Butter Corporation of America announced a nationwide peanut butter recall after discovering one of the many, many products made with its peanut butter, contained salmonella, and six cases of salmonella have already been reported in Illinois. Though none of the affected peanut butter has apparently been sold directly to consumers, there are so many products that contain some amount of peanut butter in kitchens across the country, the scope of this recall is expected to be significant. Unlike recent food recalls for tainted lettuce and other vegetables, the food products containing peanut butter sit on shelves in stores and pantries for months or even years. Currently, the recall affects products produced after July 1, 2008. The FDA’s website contains current information about the peanut butter recall and the affected products.

Salmonella is a group of bacteria that can cause intestinal infections, and there are many types of Salmonella bacteria. According to the Centers for Disease Control and Prevention (“CDC”), most persons infected with this foodborne illness develop diarrhea, fever, and abdominal cramps 12 to 72 hours after infection. The illness usually lasts 4 to 7 days, and most persons recover without treatment. However, in some cases, the diarrhea may be so severe that the patient needs to be hospitalized. To learn more about Salmonella, visit the CDC’s website.

The FDA continues to update the recall, and the American Peanut Council also lists brands which are not affected by the peanut butter recall.

California Consumers Protected Under New Law

January 23, 2009 | Gregory J. Brod

Here at the Brod Law Firm, we were glad to read about how California assembly member Jared Huffman’s bill: AB 1860, a bill intended to protect consumers, became law on January 1st of this month. Huffman introduced the bill because of his concerns over the fact that recalls by the federal Consumer Product Safety Commission (CPSC) are on a voluntary basis and do not require retailers to remove dangerous product s from store shelves. Huffman stated, “The federal government’s limited powers of enforcement and voluntary recalls are not enough to protect consumers, especially our children, from the dangers of lead poisoning and other hazards. In the absence of federal laws requiring that hazardous products be removed from store shelves and further circulation, I have introduced AB 1860 to better protect consumers and companies from products that are known to be unsafe. ” This new law also addresses the fact that many recalled products stay in circulation long after the recalls have been announced and that in California there is no system in place to ensure that recalled products are taken off the market. Most importantly, this new law will officially attempt to fix this problem by requiring the immediate removal of recalled products from the market, prohibiting the sale of recalled products and requiring retailers to post recall notices in a conspicuous fashion. Retailers will also be required to notify consumers who have purchased recalled products, if their contact information is available, and manufacturers must also provide a way for the products to be returned to them. Additionally, the law imposes stiff fines against those who sell recalled products to prevent the items from surfacing on the internet or at second-hand stores.
To underscore how much this new law is needed, Huffman referenced a study published in August 2007 in the journal Injury Prevention. In the study 301 thrift stores were examined, and researchers found that 69% were selling at least one hazardous product. The study also found previously recalled products have been associated with child injuries. This new law will now hold manufacturers and retailers accountable for removing dangerous products from the marketplace, which will protect consumers from harming themselves. The CPSC recommends that all resellers check their website at www.cpsc.gov to obtain information on recalled products before taking inventory or selling a product. After defending so many cases related to defective products injuring innocent consumers, we are relieved to hear that an assembly member has made efforts to reduce the future risk of consumer injuries, especially injuries to children.

San Francisco Residents Can Look Foward to Less Accidents in the New Year

December 30, 2008 | Gregory J. Brod

With unemployment on the rise and the current economic downturn expected to stay with us in the New Year, there has been little to look forward to in 2009. However, there are several laws which will take effect on January 1st, laws that will protect workers, consumers and the environment and improve public safety and health access. Here in San Francisco, there will be some positive changes specific to the safety of our community. On January 1, fines will double for traffic violations on 19th and Van Ness Avenues-two of the busiest and most dangerous streets in San Francisco. Tickets will range from $137.00, for speeding, and $2, 750, for reckless driving. The San Francisco Chronicle recently reported each avenue, between 2003 and 2007, was the site of more than 500 collisions, a dozen of which involved pedestrians. And according to the examiner.com, 19th Avenue has been dubbed a death trap for walkers, serving 85,000 vehicles and 80,000 pedestrians each day, while Van Ness Avenue serves about 80,000 commuters each day. As part of his signing this bill, Schwarzenegger has pledged that public safety is his top priority, pointing out how critical it is to ensure the safety of everyone on our roadways. Here at the Brod Law Firm, we believe these new penalties will encourage drivers to pay attention and slow down, which should, in turn, begin to put an end to the loss of innocent lives. For we have seen enough wrongful death, car accident and motorcycle accident suits– which have been the result of careless driving on these two roads– not to take note of the importance of this new, and long overdue, law.

Keeping Safe During the Holiday Season and Taking Note of Unpredictable Injuries

December 12, 2008 | Gregory J. Brod

Every year there are people who are needlessly injured due to accidents involving holiday festivities. And every year the public is urged to use caution while preparing for festivities during the hectic holiday season. Accidents run the gamut from bumps and scrapes while running errands or shopping; to traffic accidents while racing to the airport or while driving on a crowded road with other drivers who may have illegal blood alcohol levels; to falls, cuts, electrical shocks and burns from putting up holiday decorations. However, there are some accidents that no one can foresee or prepare to avoid. An example of this type of accident occurred recently and involved a security guard who was trampled to death by customers at a Walmart in New York over this past thanksgiving holiday. Tragically, Jdimytai Damour, age 34, who was hired by a temporary agency to serve as a security guard for Walmart, died of asphyxiation when a crowd of customers, eager to purchase discounted items, crushed him as they busted through the doors for the start of the day after Thanksgiving sale.

Ironically, this poor young man needed protection from the public he was hired to protect. Why wasn’t anyone around to protect him? This is the question that this young man’s family will be asking in part of a wrongful death case they have filed against Walmart. Attorneys for the plaintiff’s family accuse Walmart of failing to provide a safe workplace and creating an atmosphere of chaos, both of which the plaintiff’s attorneys believe Walmart had an awareness, as they had erected barricades at the front entrance due to past experience with problems involving holiday crowds. According an article by the Associated Press, the lawsuit claims that Walmart “engaged in specific marketing and advertising techniques to attract a large crowd and create an atmosphere of frenzy and mayhem and was otherwise careless, reckless and negligent”. Here at the Brod Law Firm, we agree with the plaintiff’s attorneys regarding Walmart’s reckless and negligent conduct. As in any wrongful death case, even if there was no direct intention by Walmart to harm, Walmart can be held liable in part, if not entirely, for the death of the victim. A wrongful death suit probably can’t take away the grief the victim’s family members feel, but we hope, that by proving Walmart is in some way accountable for the death of this young man, the lawsuit can ease some of family’s confusion and suffering.

The Perils of Texting—The New Public Health Risk

November 21, 2008 | Gregory J. Brod

Text messaging is the new way millions of Americans communicate. The American Medical Association (AMA) voted this month to advocate for state legislation prohibiting the use of hand held devices used to text message while driving. An AMA board member, Peter Carmel says that texting while driving takes the driver’s attention off the roads, which leads to accidents. Here at the Brod Law Firm, we feel that fact is an obvious one, one that pretty much goes without saying. However, when Peter Carmel stated that text messaging while driving causes a 400 percent increase in time spent with eyes off the road, we felt that fact is a less obvious one, is one that all drivers should be aware of-mostly because it means our roads that much more unsafe while we share the road with texting drivers. Currently, seven states, California included, have bans on text messaging while driving because of the risk to public safety. The AMA says it will continue to support additional states in the mission to ban text messaging by motorists. We applaud the AMA and their efforts to keep the public safe from injury, as we know all too well of the inherent dangers that exist for drivers, and how a catastrophic or death related accident can happen in a split second after a driver takes their eyes off the road.

After we read the news regarding the AMA’s efforts to ban texting while driving, we felt it is not only drivers who text while driving that pose a health risk. We thought: what about walking and texting? While we support raising public awareness regarding issues of safety and text messaging while driving, we also feel it is important that public awareness is raised regarding pedestrian safety and texting while walking. Over the past year we have come across many articles relating to pedestrians being injured while texting. The American College of Emergency physicians issued alerts regarding these types of accidents . Most injuries related to texting and walking are minor, such as head injuries from bumping into poles or sprained ankles from twisting as they stepped off a curb. Some injuries, however, are quite serious or even deadly. For example, according to an article in the San Francisco Chronicle, a San Francisco woman was killed earlier this year when she stepped off the curb while texting. We believe the message here is very clear: when you are mobile, please keep your eyes on where you are going, not on a hand-held device. Also, don’t underestimate how safe you feel while driving or walking. And lastly, accidents can occur out of nowhere –so the more alert you are while you are mobile, the better chance you have of not injuring yourself.

L.A. Metrolink Train Crash – Was the driver text-messaging?

September 17, 2008 | Gregory J. Brod

On Friday, September 12, 2008, Los Angeles experienced one of the worst U.S. commuter disasters in recent memory. At least 25 people were killed as a result of the Metrolink train crash in the San Fernando Valley that left well over 130 people injured. Reports indicate the train was traveling approximately 42 miles per hour when it ran head-on into a Union Pacific freight train. It has also been reported that the engineer responsible for driving the Metrolink train may have been sending a text-message on his cell phone immediately before the collision.

I have written about the new cell phone laws in the State of California, as well as specific incidents involving bus drivers and possible cell phone usage. According to the N.T.S.B. (National Transportation Safety Board), the Metrolink train failed to stop at a red signal, which appears to have been working, and should have been visible, and the N.T.S.B. has been working to re-enact the crash to learn as much as possible about what happened. Currently, though drivers are prohibited from using hands free cellular devices while driving, the California Public Utilities Commission does not prohibit the driver of a passenger train from using a cell phone or text-messaging, though they are responsible for hundreds of lives. Aside from driver neglect, it is incomprehensible and reprehensible that Metrolink did not have additional safety measure in place to prevent such a catastrophe. In the coming weeks and months after this catastrophe, we can expect to see new legislation introduced as a direct result of this horrible event.

Good News for California Drivers — House Lawmakers Examine the Issue of Medically Unfit Commerical Truck Drivers

July 30, 2008 | Gregory J. Brod

Last week, U. S. House Representatives heard the Transportation and Infrastructure Committee denounce the Federal Motor Carrier Safety Administration (FMCSA) for not solving the problem of medically unfit truckers possessing fabricated medical certificates. The hearing focused on eight outstanding National Transportation Safety Board recommendations and many congressional mandates to ensure that commercial driver’s license holders are medically fit to drive. According to the Committee on Transportation and Infrastructure, medical oversight of commercial drivers has been on the National Transportation Safety Board’s “Most Wanted” list since 2003. The FMCA requires Interstate Commercial Drivers to pass a comprehensive physical exam before obtaining a commercial drivers license and carry a medical card, which has been issued by a qualified medical examiner and proves the driver meets the medical requirements, at all times and produce it upon request by State and Federal Inspectors. After an extensive investigation the committee found that there is no practicable mechanism in place for inspectors to determine whether a certificate is valid. Out of the eight recommendations, one of the main focuses of improvement made by the committee was for enforcement authorities to develop a way to identify invalid medical certification during safety inspections and routine stops. The committee believes the flaws in the medical certification process can lead to increased highway fatalities and injuries for commercial vehicle drivers, their passengers, and the public.

We, the attorneys here at the Brod Law Firm, are relieved to read about House lawmakers examining and addressing the issue of medically unfit truck drivers. We like to think these efforts will help make our roads less dangerous and lower the number of commercial truck accidents. It should be pointed out, however, that the report put out by the Committee states that its results cannot be generalized to the commercial driver or the medical examiner population as a whole. We find this point very important, because we know that commercial drivers are always assumed as the guilty party in any accident in which they are involved. That being said, it is also important not to underestimate the report and its findings. We find it disappointing that some medical professionals may not always use their best judgment when issuing medical certificates. After reading this report, we wondered how this information might frighten or impact the public, and we hope it doesn’t stop them from getting in their cars as usual. Whatever the public feels about the subject, our advice to them remains ever constant: Always use caution when sharing the road with a commercial truck. And this information put out by the committee should make drivers even more aware of the potential dangers that exist when they share the road with a commercial truck.

We also like the advice given by automedia.com in an article titled “Big Rig Blues-Don’t let those trucks get you down“, as well as their reminder that “without big rigs and their cargo, 82 percent of the country’s communities would be without groceries and other goods.” The article points out another important fact, which is, according to the AAA Foundation for Traffic Study, 75 percent of all truck related incidents are car initiated. This means that accidents between big trucks and cars are not always the fault of the big trucks. Most importantly, this shows drivers of cars don’t always know how to drive around trucks. In summary, the advice they give is as follows:

San Francisco Bay Bridge Accident Sends a Motorcyclist to His Death and Drunk Driver to Jail

July 23, 2008 | Gregory J. Brod

On July 19th at approximately 5am, motorcyclist, Ryan Willis Jones, age 30, was riding eastbound on the Bay Bridge was side swiped by driver of a car, Daniel Francisco Olivera, age 31, of Oakland. As he was changing lanes, his car hit the rear of Ryan’s motorcycle. Ryan was taken to San Francisco General Hospital, where he pronounced dead. Daniel was suspected of drunk driving and he was arrested and booked at San Francisco County Jail, according to CHP Officer A. Paulson.

After we read this information in our local newspaper, we, here at the Brod Law Firm, collectively wondered how this particular driver, or anyone for that matter, could consider driving while under the influence of alcohol. We wondered why–after being inundated over the years by all the ad campaigns that show the catastrophic consequences of drunk driving, such as those telling us “Friends Don’t Let Friends Drive Drunk“; and after having witnessed all the efforts of organizations like M.A.D.D. (Mother’s Against Drunk Drivers) who, since the 1980’s, have worked tirelessly with the help of educators, government, corporations and media on promoting personal responsibility against drunk driving; or after having witnessed our law makers pass laws that are extremely harsh on drunk drivers–people still risk driving drunk? We then concluded that maybe the public has forgotten the legal limits of alcohol allowed in the body when driving a vehicle and/or forgotten what exactly can happen if they are caught driving drunk. So we thought we could help re-educate the public by reminding anyone reading this of some of the basic information they should know regarding drinking and driving.

In a guide put out by the National Highway Transportation and Safety Administration’s (NHTSA) titled The ABC’s of BAC: A Guide to Understanding Blood Alcohol Concentration and Alcohol Impairment, blood alcohol concentration, (BAC) is explained in detail. We feel some important facts to know about BAC are: