Dallas Personal Injury Lawyer Blog

47,000 Elderly Falls Tied to Walkers and Canes

 

Health officials say more than 47,000 elderly Americans end up in emergency rooms each year from falls involving walkers and canes.

That's almost 3 percent of all falls among people 65 and older. Government researchers came up with the estimate by looking at six years of ER medical records. Nearly 9 out of 10 of the injuries involved walkers, rather than canes.

Officials with the Centers for Disease Control and Prevention said Monday their study shows that doctors should take more time to better fit patients with walking aids and to teach how to use them safely. The study is being published this month in the Journal of the American Geriatrics Society.

Retired Train Conductor Gets $606k For Work-Related Injuries

 

A jury awarded $606,000 to a retired train conductor who claimed his knee problems were caused by his job. Harold R. Huffman, who is now in his late 60s, said he developed osteoarthritis due to years spent getting on and off moving trains and walking on uneven, sloping surfaces while employed by Union Pacific Railroad Co. His doctor said that Huffman will need bilateral knee joint replacement surgery as his condition continues to worsen. Huffman alleged Union Pacific was aware of the potential risks associated with his job, and he contended that its ergonomics program was inadequate. Union Pacific argued Huffman's own negligence, including his obesity, was the sole cause of his knee problems.

Motorcyclist Injured in Crash Receives 35k Settlement

 

A motorcyclist who sustained a broken ankle after he was hit by a car received a $35,000 settlement. In 2006, Kelly Rushing, then 60, was operating his motorcycle on Holcomb Street in Houston. He claimed he was attempting to make a right turn at an intersection when a vehicle driven by Jennifer Woods entered his lane and struck him, knocking him off his motorcycle. The incident resulted in a fractured ankle, which required physical therapy; and soft-tissue neck and back injuries, which required chiropractic treatment. Woods argued that Rushing caused the accident by failing to keep a proper lookout. The case ultimately settled, with Rushing receiving $25,000 for his injuries and $10,000 for the damage to his motorcycle.

Another Car Crash On The Tollway Injuries Three

 

A 27-year-old man drove almost 10 miles in the wrong direction on the Dallas North Tollway and nearly struck a police cruiser head-on before colliding with another car in Far North Dallas early Sunday, police said.

The 1:45 a.m. wreck, which injured three people, is the latest in a series of head-on collisions caused by drivers going the wrong way on the tollway, including one that killed two people earlier this month. Two other people were killed in separate head-on collisions along the 33-mile expressway in April and May.

The wrong-way driver in Sunday's crash, Ryan Matthew of Dallas, is believed to have driven south in the northbound lanes of the tollway beginning near Cotton Gin Road in Frisco, authorities said.

Minutes later, Matthew drove into a car driven by Hannah Jung, 23, of Plano just south of the Bush Turnpike, Texas Department of Public Safety Sgt. Robert Bernard said. Hannah Hong, 23, of Richardson was riding with her.

All three were taken to Parkland Memorial Hospital, where Jung was in the intensive-care unit and Matthew was in fair condition Sunday. Hong was released from the hospital and was recovering at home.

The crash appeared to be one of two tollway incidents involving a wrong-way driver over the weekend.

Nestle Recalls Toll House Cookie Dough Products

 

Nestle USA on Friday voluntarily recalled its Toll House refrigerated cookie dough products after a number of illnesses were reported by those who ate the dough raw.

The company said the Food and Drug Administration and the Centers for Disease Control are investigating reported E. coli illnesses that might be related eating the dough.

In a statement, the FDA said there have been 66 reports of illness across 28 states since March. About 25 people have been hospitalized, but no one has died.

The FDA advised consumers to throw away any prepackaged, refrigerated Nestle Toll House cookie dough products in their homes. Retailers, restauranteurs and employees at other food-service operations should also not sell or serve any of the products.

Nestle spokeswoman Roz O'Hearn said "this has been a very quickly moving situation," adding the company took action less than 24 hours after hearing of the problem.

O'Hearn said the company will "cooperate fully" with the FDA's investigation.

The recall includes refrigerated cookie bar dough, cookie dough tub, cookie dough tubes, limited edition cookie dough items, seasonal cookie dough and Ultimates cookie bar dough. It extends to chocolate chip dough and other varieties, including gingerbread, sugar and peanut butter cookie dough. It does not affect any other Toll House products, including ice cream that contains Toll House raw cookie dough.

The FDA also said consumers should not try to cook the dough, even though eating cooked dough would be safe, because consumers might get bacteria on their hands and on counters and other cooking surfaces.

E. coli is a potentially deadly bacterium that can cause bloody diarrhea, dehydration and, in the most severe cases, kidney failure.

Construction Worker Paralyzed Wins 20.7 Million Dollar Verdict

 

A jury awarded $20,707,000 to a construction worker who was paralyzed after falling 20 feet while working on a roof-raising project in October 2006. Santiago Arias blamed his employer, Degar Fuel Systems Inc., and contractor GSL Investment Inc. for the incident. He alleged he and the other workers weren't provided fall protection gear or safety training, in violation of OSHA regulations. Arias, then 45, a married father of three, fractured his C3 vertebra, rendering him quadriplegic. His doctors said he will require daily nursing care for the rest of his life. Degar, a non-subscriber to workers' compensation, did not appear at trial. Arias settled his claims against GSL in 2008 for $50,000.

Asbestos Emergency Declared

 

A Montana town where asbestos contamination has been blamed for more than 200 deaths will get an additional $6 million in cleanup and medical assistance from the Obama administration under a "public health emergency" declared Wednesday.  Libby, Montana, will get new help dealing with asbestos contamination.

The declaration is the first issued by the Environmental Protection Agency, which has been overseeing the cleanup of Libby, Montana, for 10 years.

The town was heavily contaminated with asbestos-laced dust that federal prosecutors said resulted in more than 200 deaths and 1,000 illnesses.

"This is a tragic public health situation that has not received the recognition it deserves by the federal government for far too long," EPA Administrator Lisa Jackson said in a statement accompanying the declaration.

EPA spokeswoman Adora Andy said the money will go to local health care providers to screen, diagnose and treat asbestos-related illnesses in Libby and nearby Troy, which also suffered contamination from a mine that operated for decades.

The agency still needs to conduct "significant research" into the health effects of the type of asbestos that has been spread around town since the 1920s, she said, and does not yet know how many properties will need to be cleaned up.

Zicam Nasal Spray Can Cause Loss Of Smell

 

The FDA says consumers should stop using Zicam Cold Remedy nasal gel and related products immediately. All the over-the-counter products contain zinc. Scientists say that ingredient may damage nerves in the nose needed for smell.

The FDA says about 130 consumers have reported a loss of smell after using Zicam products since 1999.

Manufacturer Matrixx Initiatives is facing lawsuits over the product, but says on its Web site: "No plaintiff has ever won a court case, because there is no known causal link between the use of Zicam Cold Remedy nasal gel and impairment of smell."

Construction Workers Face Dangers in The Workplace

 

Though it robustly feeds the city's growth and economy — generating an estimated $3.5 billion-plus annually in wages alone — Austin's commercial and residential construction industry frequently puts workers' safety, health and financial well-being at risk, according to a study released today by a workers advocacy group.

Combining results from surveys with more than 300 Austin construction workers and industry-related data from federal and state agencies, the 68-page study, "Building Austin, Building Injustice," depicts an industry rampant with poor and dangerous working conditions. While it says that many builders, developers and contractors are model employers, others cut costs by not paying some workers for overtime, not paying some at all, misclassifying others as independent contractors, and by failing to provide proper safety equipment such as harnesses and helmets, violations of federal and state regulations.

In doing so, they shift the toll onto the public when low-wage workers have to depend heavily on government support, hospitals and charities for medical care and to make ends meet, the report said.

Industry representatives who had seen summaries of the study strongly disputed the findings.

Construction Accident Kills Three Workers

 

Three people died Wednesday after falling from a high-rise condominium being built near the University of Texas.

Four construction workers, whose names were not released, were working on a scaffold outside the building at 21st and Rio Grande streets when part of it collapsed for unknown reasons about 2:30 p.m., said Harry Evans, a battalion chief with the Austin Fire Department.

Two men in their late 20s fell 11 to 13 stories to the ground, Evans said. They were pronounced dead soon after. A third man, who was about 40 years old, fell a few stories onto the roof of a seven-story parking garage, Evans said. The man died a few hours later at University Medical Center Brackenridge.

A fourth man who was on the scaffolding but did not fall received minor injuries and was not hospitalized, Evans said.

The exact height of the scaffolding when it fell was unknown, Evans said. He said the two men who fell to the ground plummeted about 100 feet.

The reason for the collapse was unclear, Evans said.