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New web site seeks to raise mesothelioma awareness

Wendi Lewis — Wed, 14 May 2008 17:28:58 GMT

Mesothelioma is a rare and aggressive form of cancer that usually occurs in the lungs, and sometimes the abdomen. The only known cause is exposure to asbestos. For several years, the firm Beasley Allen has handled mesothelioma cases.

Beasley Allen understands that mesothelioma is a devastating illness that destroys many families every year. Working with the people affected by this disease, our attorneys felt that we should do more than just handle the claim on behalf of the client, but we also wanted to help families make it through a difficult time.

For that reason, in February 2008 Beasley Allen launched a new web log, or “blog” site, www.mymeso.org, dedicated to providing information about mesothelioma, as well as asbestos and related asbestos diseases such as asbestosis, and also lung cancer in general. The site is designed to raise mesothelioma awareness and provide a network of support for those facing this diagnosis. The blog strives to talk to people who have meso, share news about treatment and research, and provide links to helpful organizations.

When I started writing the blog, one of the things that surprised and angered me was the amount of hostility and suspicion I encountered when people found out the blog was sponsored by Beasley Allen. Because we were connected to a law firm, many “support groups” initially wouldn’t even talk to me. They were afraid that the site was somehow looking to exploit the very people we were trying to help.

In fact, I find it ironic that many of the people who have mesothelioma that I talk to have never even heard of this illness, unless from a reference on a law firm advertisement. They’ve heard the word, but they don’t really know much about it, how it’s contracted, or what to do and where to find help. They are blindsided by their diagnosis.

Most people also are surprised when they find out that asbestos is not completely banned in the United States. In fact, it’s still in many common household products, and last year it was even found in a toy, in a fingerprinting kit tied to the popular TV show “CSI.”

It’s an interesting twist of fate that the very people who are being pummeled for “victimizing” people suffering from mesothelioma – the attorneys – seem to be the only ones talking about it. If we don’t raise awareness of the dangers of asbestos, who will?

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About the author: Wendi Lewis is a writer for Beasley, Allen, Crow, Methvin, Portis & Miles. Beasley Allen is based in Montgomery, Alabama, and is one of the country's leading firms in civil litigation on behalf of claimants.

Originally posted at InjuryBoard by Wendi Lewis

FDA begins posting list of drugs with potential safety issues on its web site

Wendi Lewis — Mon, 08 Sep 2008 16:42:11 GMT

A list of prescription drugs currently under investigation by the FDA for safety issues is now available online.

The U.S. Food and Drug Administration began posting the list on its web site in September. The new policy is required as a result of a drug safety bill passed by Congress last year. Drugs included on the list are under investigation because of complaints reported to the FDA by drug companies, doctors and patients.

The FDA collects reports of possible side effects through its Adverse Event Reporting System. Only drugs submitted through this system will be included on the list. According to a story in the Washington Post, last year the FDA received more than 480,000 reports of potential reactions to drugs.

The FDA will update the list every three months. The first list included 20 medications and the potential problems associated with each. But, just because a drug is included on the list does not mean the drug is not safe, only that the FDA is investigating it.

According to a report on National Public Radio, FDA officials said they are trying to walk a fine line between being more open with the public and avoiding needless scares.

Some consumer groups worry that patients will stop taking necessary medication if they see it listed on the FDA web site.

The FDA’s Dr. Janet Woodcock told NPR, “My message to patients is this: Don’t stop taking your medicine. You should continue taking it unless your doctor advises you differently.”

The FDA hopes that by posting the list of drugs under investigation, they will be able to improve communication with the public and with doctors. They hope this will lead to overall improvement in drug side-effect reporting and verification.

Consumer advocates told NPR the list is a good start, but should include more information to be truly effective.

Also, it is not clear at this time how the FDA will inform the public if a drug originally included on the list is cleared of suspected safety risks.

The list is available on the FDA web site.

Originally posted at InjuryBoard by Wendi Lewis

Getting ready for Gustav

Wendi Lewis — Thu, 28 Aug 2008 15:58:15 GMT

There's an unwelcome guest heading to the Gulf Coast this Labor Day holiday weekend, as Hurricane Gustav makes tracks past Jamaica and into the Gulf of Mexico. He's just a tropical storm right now, but the National Weather Service National Hurricane Center expects him to strengthen to hurricane strength as he approaches the Cayman Islands and continue to grow in the Gulf.

Because hurricane tracking is not an exact science, best guess currently has the entire Gulf Coast area from Texas to Florida on alert. A big storm doesn't just affect those who live along the beaches, either. Strong winds and flooding rains will move inland still carrying a good deal of force. Residents of states in the line of fire, like Alabama, are bracing for impact and preparing for a worst-case scenario.

In Fall 2007, the Alabama Department of Public Health unveiled a disaster preparedness campaign that helps provide planning information that will get people ahead of the game in the event of an emergency. Called the Get 10 campaign, the program promotes the 10 items everyone should prepare as a disaster readiness kit, and provides additional information and resources for emergency situations.

If you live in Alabama or another Gulf Coast state preparing for Gustav, this information can help you get ready. With landfall expected sometime Monday or Tuesday, the time to act is now. The 10 items recommended by ADPH are:

1. water
2. food
3. can opener
4. medications
5. first aid
6. flashlight
7. radio
8. clothes
9. personal care items (toiletries)
10. important documents

The Get 10 web site has additional information about preparing each of these items. Additionally, they recommend these 5 important things to do to be ready in the case of an emergency:

1. Stay informed. Learn about the emergency alert system and weather alerts.
2. Learn about basic injury and disease prevention.
3. Look for the most current information on emergency preparedness.
4. Create a family preparedness plan and emergency supply kit (the 10 items listed above)
5. Become familiar with the emergency plans of your community, school, caregivers and workplace.

Even if you do not live in an area that may be affected this weekend by Hurricane Gustav, these are good tips for any emergency. Be prepared, and be safe.

Originally posted at InjuryBoard by Wendi Lewis

A Dangerous RV Tire - The Goodyear 159 - Has Caused Problems

Tom Methvin — Wed, 18 Oct 2006 14:50:55 GMT

Beasley Allen Law Firm has handled numerous cases against tire manufacturers when their tires failed causing accidents and injuries. As you may know, one of the most serious types of failure of a steel belted radial tire is a de-tread and/or belt separation. Because of the stress concentrations and subsequent high internal temperatures at the edge of the belt, this area is particularly sensitive to manufacturing, design and material problems. One tire we have learned has experienced problems with de-tread due to manufacturing and design defects is the Goodyear G159 steel belted radial tire. The G159 is actually a heavy truck tire made specifically by Goodyear for recreational vehicles. Several manufacturers, including Fleetwood and Monaco, have equipped their larger or class A recreational vehicles with the Goodyear 159 tire. These RV manufacturers selected the Goodyear 159 tire for use on their RVs based on Goodyear's rating of the G159 and its recommendation that this tire was appropriate for these larger recreational vehicles.

Recreational vehicles are very popular in the U.S. for use during vacations. They are also a fan favorite in this part of the country during the football season. Tragically, several families' vacations have turned into virtual nightmares when a Goodyear 159 failed, experiencing a tread separation, which caused an RV to lose control and crash. Our firm currently represents two families who have owned RVs equipped with these Goodyear tires whose vacations where cut short and lives forever changed because of these defective and dangerous tires.

The problem with the G159 is that it's design and manufacturing process are inadequate for the expected loads on these big RVs. The G159s that we have examined have exhibited some of the worst failures we have seen. The design and manufacturing problems have led to tire tread and outer belt separations of G159 tires in all parts of the country. Our cases against Goodyear are still in the discovery phase. Goodyear, despite repeated request and motions filed with the different Courts, refuses to produce any documents or witnesses without having the Courts enter a "Secrecy Order" so that the problems with their tire can be kept confidential. Because Goodyear has not provided any discovery to date, in our cases, we still don't know the full extent of the design and manufacturing problems which are causing the G159 failures. However, we have learned that at least one RV manufacturer, Fleetwood, has recalled some of their RVs which were equipped with the G159 tires after learning of the problems with the tire. As a part the Fleetwood recall, it is replacing the G159 on its affected RVs with Michelin tires.

We have also learned that another RV manufacturer, Monaco, has initiated, along with Goodyear, a tire "Customer Satisfaction Change Over" program were it, along with Goodyear, has offered to replace the Goodyear 159 tires on some of their RVs with larger and stronger Goodyear tires. While Goodyear maintains that the tire change over was due to customer abuse of the G159, the change over program, or silent recall, at least acknowledges that the G159 tires are not safe for these big RVs. In addition, we have learned that there have been numerous customer complaints to NHTSA relating to these tires. Several owners of RVs have had their G159 tires fail and have been more fortunate than others to escape injury.

What we don't know is how many other claims have been filed against Goodyear. We also don't know how many RVs are currently being operated with G159 tires. What we do know is that several of the larger RVs are no longer being built as equipped with the G159. However, until Goodyear or the RV manufacturers institute a program to replace the G159 with safer tires, RV users will remain at risk.

Originally posted at InjuryBoard by Tom Methvin

Salmonella Focus Moves Away from Tomatoes

Shannon Weidemann — Wed, 09 Jul 2008 07:00:00 GMT

The large outbreak of Saintpaul Salmonella cases around the country was originally blamed on raw tomatoes. Investigators from the FDA and CDC have been unable to confirm that with testing of over 1,700 samples. Now they are looking into the possibility that the culprit may be another ingredient in fresh salsa.

Officials from the Food and Drug Administration and the Centers for Disease Control and Prevention say it is premature to declare jalapeños the lead suspect and still list it with tomatoes, cilantro and serrano peppers as one of the common salsa ingredients under investigation. Officials have also stepped up testing of cilantro and serrano peppers, but "there is no specific 'prime suspect,' " FDA spokeswoman Stephanie Kwisnek said.

Over 900 people in 40 states have confirmed cases of salmonella poisoning. There may be more cases that were not reported. Salmonella causes diarrhea, vomiting, abdominal pains and fever. It is rarely fatal. Jalapeños are a top suspect because they have a longer growing season than tomatoes do and a bush may be picked several times over a long period. They also have a very long shelf life when refrigerated. The FDA has not issued a warning for jalapeños, cilantro or serrano peppers.

Originally posted at InjuryBoard by Shannon Weidemann

Jere Beasley named to NLJ Top 10 Attorneys list

Wendi Lewis — Mon, 16 Jun 2008 18:03:52 GMT

Jere Beasley, founding shareholder of Montgomery, Ala.-based Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., has once again been recognized as one of the most outstanding lawyers in the United States. He was selected as one of 10 attorneys featured in The National Law Journal’s 2008 special report, titled Winning: Successful strategies from some of the nation’s top litigators.

The lawyers featured in The National Law Journal's 2008 Winning special report "share a knack for artfully swaying judges and juries and taking risks when they see the opportunity to seize an advantage in the courtroom," according to the magazine. The publication chose the victors of 10 cases from scores of nominations offered from firms of all sizes from just about every state in the union.

Read the full article about this achievement.

Originally posted at InjuryBoard by Wendi Lewis

Alabama among worst in nursing home deficiency reporting

Wendi Lewis — Fri, 16 May 2008 15:35:47 GMT

A review of the nation's nursing home inspection reports by the Congressional Government Accountability Office (GAO) lists Alabama among nine states with the worst records of nursing home inspection accuracy, saying inspectors missed serious problems in more than 25 percent of all inspections from 2002-2007. The report said most states still fared dismally, missing at least one serious deficiency in 15 percent of all inspections.

Results of the report were published in the New York Times May 15, which says the study “reveals a widespread ‘understatement of deficiencies’ including malnutrition, severe bedsores, overuse of prescription medications, and nursing home resident abuse.” It goes on to say that “there are 16,400 nursing homes with more than 1.5 million residents nationwide. Of these, about one-fifth are cited for serious deficiencies each year.”

The study was requested by Sen. Charles E. Grassley (R-Iowa) and Sen. Herb Kohl (D-Wis., Chairman, Senate Special Committee on Aging). They have introduced a bill to upgrade nursing home care and increase penalties for federal standards violations. Currently, the maximum fine is around $10,000. Hardly a deterrent! They plan to increase fines to $25,000 for a serious deficiency and $100,000 for a deficiency resulting in patient death.

Beasley Allen hears from people every day who are shocked and grieved to find their loved ones have suffered at the hands of the very people they expect to provide expert care and compassion. Certainly, increasing penalties seems like a step in the right direction. As they say, "money talks," and maybe if nursing home facilities feel a pinch in the bottom line as a penalty for endangering residents, they will step up quality of care and monitoring.

Not surprisingly, the American Health Care Association, which is a nursing home trade group, opposes the bill, favoring "less punitive ways to measure and improve the quality of care," according to the Times story.

But David P. Sloane, a spokesperson for the AARP, which lobbies for older Americans, praises the effort, quoted by the Times as saying it is "one of the most significant nursing home reform initiatives" in two decades.

Other states on the "worst reporting" list are Arizona, Missouri, New Mexico, Oklahoma, South Carolina and South Dakota.

Read the full story in the New York Times.

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About the author: Wendi Lewis is a writer employed by Beasley, Allen, Crow, Methvin, Portis & Miles, P.C. Based in Montgomery, Ala., Beasley Allen is one of the country's leading firms in civil litigation on behalf of claimants.

Originally posted at InjuryBoard by Wendi Lewis

$2.7 Million Awarded in Ohio Wrongful Death Case

Shannon Weidemann — Sun, 27 Apr 2008 09:26:00 GMT

A mother has been fighting for 10 years to prove that Franklin County could have prevented her daughter's death. A jury found the county negligent and awarded her $2.7 Million in a wrongful death lawsuit. Her daughter called 911 three times and it took dispatchers 26 minutes to send an officer to her home. The police officer did not hear anything from inside the apartment when he knocked on the door and left. The victim was being assaulted by her estranged boyfriend, information that was not given to Officer Ratliff.

Two other dispatchers testified they had more information they did not give Ratliff, including the fact that Kirk could be heard yelling at a male in the background and that the violence appeared to be escalating.

Ratliff testified that he never knew about that and that he would have burst into the apartment had he known Kirk was inside fighting for her life. Moss later confessed to the killing, saying he had been trying to smother Kirk as Ratliff knocked on her door.

The county argued that the estranged boyfriend was responsible for the death and they plan to appeal the verdict. Kirk's mother feels as if a great weight has been lifted from her. The assistant county prosecutor counseled the county to settle for less but they decided to go to trial.

Originally posted at InjuryBoard by Shannon Weidemann

Train accidents could be avoided

Staff Writer — Thu, 19 Jul 2007 13:27:29 GMT

Two more fatal train-vehicle accidents occurred near Tampa, Florida, this week, bringing to light the dangers of railroad crossings on our nation's roadways.

The Federal Railroad Administration says that an average of two people died each day in train accidents in the United States. Many of these accidents could be avoided if people crossing train tracks would follow certain rules and exercise more caution.

Bob Martin, a spokesperson for CSX, offers the following advice:

"Look, listen and live. Look for the train, listen for the train and you'll live to see tomorrow."

Tuesday's fatal accident involving a truck crossing a railroad track in Plant City, Florida, could have been avoided if the driver had yielded to the railroad crossing sign. So many people do not realize that some railroad crossings do not have arms, so it's up to you to slow down or stop if necessary.

CSX spokesperson Bob Martin says the black and white railroad crossing sign has a meaning that many people forget after driver's education.
"It doesn't mean 'Hurry up and beat the train.' It's a traffic control device that means yield."

For more information on this subject, please refer to our section on Airline, Cruise, Bus & Other Mass Transit Accidents.

Originally posted at InjuryBoard by Staff Writer

Fatal two-car crash near Opp

Staff Writer — Mon, 11 Jun 2007 13:12:54 GMT

An 18-year-old graduate of Huntington High School died yesterday afternoon in a two-car accident on U.S. Route 331, just north of Opp, Alabama.

The tragic accident occurred at about 3:30 p.m. when five men, all recent Huntington High graduates, were traveling in a Chevrolet van and collided with a BMW carrying two people. Everyone in the accident was injured in some way.

In Huntington, the family of the graduate who died mourns the loss of their beloved family member.

Alabama State Troopers continue to investigate, but have not yet released information on the cause of the deadly motor vehicle accident.

This accident is a terrible reminder of the dangers that plague our nation's roadways every day.

Originally posted at InjuryBoard by Staff Writer