Ethylene Oxide/Sterigenics Updates

Articles Posted in Personal Injury

A shift in power and control has returned to those who most need it – nursing home residents and their families. In a recent ruling, the Centers for Medicare and Medicaid Services (CMS) prohibited mandatory pre-dispute arbitration agreements between federally funded nursing homes and their residents. Prior to the new ruling, many nursing homes required residents to sign an arbitration agreement which forced residents to solve any dispute that may arise between them and the nursing home outside of court. These agreements heavily favored the nursing homes and took away a resident’s power to use the court system for injuries caused by a nursing home’s wrongful conduct.

The ruling is a strong attempt to return that power back to the plaintiffs in disputes concerning nursing homes. This is especially important in cases involving negligence, elder abuse, sexual harassment, and even wrongful death. Arbitration keeps these cases out of the view of the public and often leads to much smaller rewards or settlements for those harmed by the home.

The CMS, a federal agency within the Department for Health and Human Services, controls more than $1 trillion in Medicare and Medicaid funding. They passed the rule after 16 different states and the District of Columbia lobbied the government to completely cut funding to nursing homes that had arbitration clauses in their residency agreements. They argued that “arbitration kept patterns of wrongdoing hidden from prospective residents and their families”.

The national spotlight has recently shifted its attention to Disney World and the awful tragedy that transpired at one of its resorts when an alligator attacked and killed a small child. While there are many questions and much more to be learned, the most immediate question is how could this happen? While it is too early to assign legal blame, it is natural to look at the facts and ask if Disney provided proper warnings prior to this tragedy.

This question can be superimposed onto any company, park, or public entertainment entity. When there is a possibility of an injury, what must the company do in order to adequately warn, or give notice, to the citizens using the facility or outdoor area? Using Disney as an example, it created an inviting, beach environment with lounge chairs and the safe, cheerful atmosphere one would expect from a Disney resort. According to news reports, “no swimming” signs were posted around the lagoon, but, allegedly, nothing in the area warning of wildlife, alligators, or any other imminent dangers. The ultimate question of liability will be whether Disney knew of this potential danger of alligator attacks and gave proper notice to its invitees.

Similarly, Illinois law states that a company must take the appropriate steps to keep its guests safe. This includes giving notice of any dangers or potentially dangerous conditions. Illinois courts have found that signs are a necessity in alerting citizens to the rules and regulations of a public place. Bowman v. The Chicago Park District, 2014 IL App (1st) 132122. In Bowman, a 13-year-old girl was injured at a Chicago park when she hurt herself on a broken slide. The park district argued that they were not liable because the park had been designated, by city ordinance, as a park for children 12 and younger. Because the 13-year-old plaintiff was not an intended user of the park, the trial court found the defendant to be free of liability and dismissed the case. The court of appeals reversed the judgment and stated that there must be proper notice to the attendees in order to release the park district from liability. In reversing, the court stated, “Playgrounds are designed for children. What would prompt a 13-year-old child to observe a slide and think, ‘am I really the intended user of this slide?'”.

The third leading cause of death in the United States may come from those you trust the most. A new study published in The BMJ (formerly the British Medical Journal) found that medical errors may cause over 250,000 deaths a year in the United States alone. Topped only by heart disease and cancer, these errors by medical professionals include diagnostic errors, surgical errors, infection, medication errors, communication breakdowns, failure to perform the necessary tests, and even healthcare worker fatigue. The findings were created from studies done at Johns Hopkins Medicine starting in 1999.

The study calls for wide-ranging changes in the medical field, not only to correct these possibly deadly errors but also in how the errors are reported. “Medical error” is not a reported cause of death on death certificates. Similarly, there is not a “medical error” category in the annual reports on deaths and mortality from the Center for Disease Control and Prevention (CDC). The CDC only focuses on the “underlying cause of death” in their statistics, so even if a medical error is present in a case, the focus for the CDC remains on the reasons that led a person to seek medical treatment. Also, billing codes, the codes used when categorizing inpatient and outpatient treatment, are focused on maximizing billing and not recognizing medical errors. The death certificate and cause of death listed must line up with the aforementioned billing code.

Over the last ten years, Illinois public hospitals have paid out more than $180 million for patient deaths resulting from medical errors. Cook County paid out $93.2 million in settlements for 79 wrongful death cases at four different Chicago hospitals in the same span. The Johns Hopkins study is an attempt to shed light on these errors. “The inability to capture the full impact of medical errors result in a lack of public attention and a failure to invest in research”. The first step in making medical facilities safer is by creating a proper way to report these deaths caused by medical errors. Johns Hopkins Medicine, as well as other medical groups, are calling for reform starting with creating a “medical error” box on death certificates. By first creating a proper and efficient way to collect data on patient death and medical errors, medical professionals can then create the proper safety nets and protocols to address the problem.

Co-authored by Cassidy Carroll of The Collins Law Firm, P.C.

Can computer algorithms use officers’ behavior to predict police misconduct?

It may sound like something out of a science-fiction movie, but researchers, part of the White House’s Police Data Initiative, are working at the University of Chicago to try to build a better early warning system that predicts when officers will commit police misconduct against civilians. Using over a decade of data from the Charlotte Mecklenburg Police Department, researchers say their algorithm-based early warning system can predict misconduct between police officers and civilians and suggest preventive measures by looking for police misconduct warning signs in the data. The algorithm-based early warning system’s sensitivity and accuracy holds great promise for serving as a method for preventing police misconduct. However, algorithm-based early warning systems to predict police misconduct have been tested before and often met with opposition.

Co-authored by Cassidy Carroll of The Collins Law Firm, P.C.

Recently, a Texas jury ordered Audi to pay $124.5 million to an 11-year-old boy who was left brain-damaged, partially paralyzed and blinded in his right eye in a 2012 rear-end collision. The verdict is in response to Audi equipping their 2005 Audi A4 with a seat back that was too weak to withstand a rear-end crash.

At the trial, the parents of the boy argued that, despite wearing seatbelts, the inadequate seat back caused the front seat collapse resulting in the driver, the boy’s father, sliding backward and hitting his head on his son’s head in the back seat. The accident occurred when their car was rear-ended after they stopped for a school bus.

Co-authored by Cassidy Carroll of The Collins Law Firm, P.C.

A little over a week ago, the Missouri Circuit Court announced that, Johnson & Johnson, the world’s largest maker of health-care products must pay $72 million to the family of a woman claiming the company’s talcum powder caused her fatal ovarian cancer. For the first time, monetary compensation was awarded in response to Johnson & Johnson’s failure to warn consumers of the cancer-causing potential of its talcum-based products decades ago.

Currently, Johnson & Johnson is facing 1,200 lawsuits claiming that studies on talcum-based products, such as Johnson’s Baby Powder and Shower-to-Shower products, have shown a link between talcum and ovarian cancer. In 2013, a North Dakota federal jury found that the use of Johnson & Johnson’s talcum-based body powder contributed to a woman’s developing ovarian cancer, but awarded no damages.

Co-authored by Jacob Exline of The Collins Law Firm, P.C.

On August 24, the U.S. Food and Drug Administration (FDA) reported a recall of 13 different dietary supplements produced by Novacare, LLC due to an undeclared ingredient, salicylic acid, which is harmful to consumers if swallowed. The FDA performed a sample analysis, found the salicylic acid, and subsequently marked the products as unapproved new drugs. The Novacare products are used to aid in weight loss and are taken orally in capsule form. While the products have not yet been reported to have caused any injuries, they should be immediately returned to the Utah-based company.

Salicylic acid is a drug used to treat skin problems such as pimples. However, if swallowed, it is toxic and harmful to consumers. Salicylic acid can cause nausea, vomiting, gastrointestinal irritation, loss of hearing, and sweating as well as severe reactions of blurred vision, mental confusion, cerebral edema and cardiorespiratory arrest (which could be life-threatening). The FDA states that those who are allergic, elderly, have a history of stomach problems, or consume three or more alcoholic drinks a day have a higher risk of toxicity.

Co-authored by Jacob Exline of The Collins Law Firm, P.C.

There is blood everywhere. A masked man is coming straight for you with an ax. Are you in danger? Maybe, but not for the reasons you think. It’s October and you’re at a haunted house. The masked man may not hurt you, but there are plenty of risks of injuries. Haunted houses walk a fine line by creating real fear without following through with the expected dangerous outcome. However, every now and again that line is crossed, whether it be negligent or intentional.

In 2014, there were multiple reports of injuries caused by haunted houses. Injuries can be caused by a myriad of things – slip and falls, trampling, exposed screws and nails, unstable props, actors going too far in their scares, and many other things. In Arlington, TX, a teenager was poked in the eye and required surgery when an employee “popped out of nowhere” and came too close to her eye.1 In California, a woman fell and broke her leg when a moving wall knocked her down.2 Also, in South Carolina, a woman suffered a concussion and minor cuts when a vertical pole fell and struck her on the head.3 The California woman is suing the haunted house for negligence due to defective and unsafe premises. An employee dressed as a clown from an Illinois haunted house was arrested after following patrons around the parking lot, making lewd and inappropriate comments and gestures while poking and touching them.4

Are you concerned that a family member is being abused or neglected at a nursing home? Mistreatment at the hands of a caregiver can happen in long-term care facilities, including nursing homes. The mistreatment may take the form of physical abuse, emotional abuse, neglect, or even financial exploitation. Signs of elder abuse differ but each type of abuse has distinct signs associated with it.

  • Physical abuse can be detected by visible signs on the body, including bruises, scars, sprains, or broken bones. More subtle indications of physical abuse include a fear of certain caregivers.
  • Emotional abuse often accompanies the other types of abuse and can usually be detected by changes in personality or behavior, such as being emotionally agitated or extremely withdrawn. The elder may also exhibit behavior mimicking dementia, such as rocking or mumbling.

Co-authored by Jacob Exline of The Collins Law Firm, P.C.

Food-related injuries and death are often overlooked by the American consumer. The Centers for Disease Control and Prevention (CDC) estimates that nearly 48 million people get sick from foodborne illnesses yearly and almost 3,000 of those people die.1 The need for reform of the rules and procedures for the handling and distribution of food is evident by the increasing amount of outbreaks of foodborne illnesses. Most recently, both Blue Bell Ice Cream and Sunland Peanut Butter had to shut down their production facilities and recall thousands of products from the shelves of retailers.

In response to this growing issue, the Food and Drug Administration (FDA) has released details of a new law that requires businesses in the food industry to comply with stronger and safer food regulations. The Food Safety Modernization Act (FSMA), which has been in revisions since 2013, is aimed at reforming the way facilities handle food and assess and respond to hazards that often lead to recalls and illnesses.

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