But in our neighboring state of Texas, residents of one city are growing increasingly terrified of the idea that the state has not done enough to protect them from the benzene they believe is seeping into their air, water and food.
]]> Benzene, as you may know, is a known carcinogen that is also believed to cause some birth defects. It occurs naturally in some cases, but it is used in many industrial and manufacturing capacities, too. Because it is so harmful, its use is very tightly regulated -- or it should be.Residents of Colleyville, Texas, have been trying to get officials to investigate their claims that a nearby hydrofracking operation has released benzene into their community, but they say their pleas have fallen on deaf ears. Recently, they banded together and raised the money for chemical tests that show the levels of benzene in their community exceed federal safety standards. Even so, the state environmental quality department has met their claims with a cold shoulder.
We wish these citizens good luck. It can be hard to get bureaucracies to pay attention to you, but in this case, it certainly seems like the stakes are high enough that their extra work might be worth it. No one deserves to have their health put at risk by something like benzene that is supposed to be tightly controlled and monitored.
Source: The Forth Worth Star-Telegram, "Residents' tests detect benzene at well site, but Colleyville disagrees," Barnett Shale, April 25, 2012
]]>Unfortunately, in the last few years some concern has developed over whether Chantix is a dangerous drug. There is some evidence that it may contribute to an increased risk for heart attack and stroke (and some evidence that it does not) and perhaps more alarmingly, it has been claimed that Chantix leads to greater risk of suicide among its users.
]]> Recently, several plaintiffs who sued Pfizer, Chantix's maker, claiming that they developed suicidal thoughts after using Chantix or that their loved ones committed suicide because of the medication had their claims consolidated in federal court. What that means is a judge looked at all the lawsuits and decided they were similar enough to be tried all at once, thus saving both sides the expense and hassle of trying each one individually.These cases have just begun, but it will be interesting to see how they turn out. Obviously, helping people quit smoking is a wonderful benefit, but not if it puts their health at risk in other dangerous and more immediate ways. Drug companies need to put their products through rigorous testing to make sure they are safe for the public to use, but sadly, they do not always fulfill this duty and society should not be asked to pay the price for such oversight.
Source: Innury Lawyer News, "Plaintiff Files Chantix Suicide Suit Against Pfizer," Elise Kramer, May 14, 2012
]]>One important safety regulation pertaining to over-the-road truckers is that they have to keep a logbook of their travels. This is because truckers are not allowed to travel more than a certain amount over a specified period of time, a regulation that is imposed in the interest of reducing fatigue and drowsiness. Prosecutors claim that one trucker did not follow this rule, though, and caused a multi-vehicle accident as a result.
]]> The driver is accused of falsifying his logbook 15 times between December 2008 and January 2009 to hide the fact that he was driving more than he was allowed. He caused an accident in Pennsylvania on Jan. 23, 2009 in which a driver was killed and a passenger seriously injured. At the time of the accident, the driver reported that he was asleep at a rest stop in West Virginia, which of course was a lie. Investigators believe his drowsiness and fatigue were contributing causes in the accident.Once again, this story shows that not all truck drivers follow all the rules all of the time. Though that may seem like a pretty minimal failing, the truth is that even a minor oversight like this can have deadly consequences.
Source: NBC 10 Philadelphia, "Truck Driver Sentenced for Falsifying Log Books: Investigators," David Chang, May 7, 2012
]]>This story is a good example for Louisiana readers as to how a drug itself can be beneficial in certain circumstances, but can be harmful if misused --and if that misuse is promoted by the maker, how penalties can result.
]]> Recently, Abbott announced that it would pay about $1.6 billion to settle claims that it had mis-marketed the drug. Some $800 million of that will go to the federal and state governments, $100 million will be used to take care of "consumer protection issues" and $700 million has been assessed for criminal penalties. Abbott is also under a five-year probationary period in which it will be subject to increased scrutiny to ensure that further mistakes are not madeAccording to authorities, Abbott maintained a force of salespeople who pushed Depakote in nursing homes as a way to control the behavior of Alzheimer's patients, which was not an approved use.
Furthermore, there was evidence the company pushed Depakote use for children, which also was not approved.
A lawyer for the U.S. Justice Department said Abbott "violated basic norms of healthcare and ethics" with its aggressive promotion of Depakote.
Source: BBC News, "US drug company to pay $1.6bn over Depakote mis-selling," May 8, 2012
]]>Yasmin and Yaz once accounted for $1.58 billion in sales, making them the company's second-best seller behind a multiple sclerosis drug. However, the U.S. Food and Drug Administration has ordered Bayer and other makers of contraceptives that use a certain type of synthetic hormone to increase the strength of their warnings about the risk of blood clots. Some studies have found that Yasmin and Yaz made it three times more likely that a user would develop potentially fatal blood clots. About 50 deaths across the U.S. have been blamed as Yasmin and Yaz.
]]> Bayer is using mediation to settle these claims, meaning it is using a neutral third party to try to hammer out an agreement between itself and the plaintiffs. One reason for this may be that Bayer is headquartered in Germany and would prefer to avoid the expense and hassle of defending itself in U.S. court.Settlements like this can be beneficial to plaintiffs, but obviously that is only if the terms are agreeable. Working closely with your attorney to ensure that he or she understands what your end goals are is crucial because your attorney is not allowed to settle unless you express to him or her that you accept the terms of the proposed settlement.
Source: Bloomberg BusinessWeek, "Bayer Said to Pay $110 Million in Yaz Birth-Control Cases," Jef Feeley and Margaret Cronin Fisk, April 13, 2012
]]>The accident seems to have occurred when the 37-foot yacht Aegean collided with a larger vessel in the waters off the coast of where California and Mexico meet. Debris from the Aegean has been found in a busy shipping lane. Race organizers and sailors have said even though visibility has been clear and the weather has been good lately, it is still possible for a larger ship to strike a yacht the size of the Aegean and not be aware of the collision.
]]> Three of the four people who were onboard the Aegean have been found dead and authorities are looking for a third.If there is a wrongful death claim or personal injury claim that stems from this tragedy and if it can be determined that the accident occurred in California waters, the relevant law may be the Jones Act, which governs conduct on "navigable waters." That would be the same law that would govern an accident aboard a barge or shrimping vessel here in Louisiana. While we do not have too many yachting accidents around Louisiana, we do have many people who are hurt or killed aboard fishing vessels, commercial transportation craft and oil platforms and many times, the Jones Act is relevant to those cases.
Source: BBC, "Bodies found after California yacht race 'collision,'" April 29, 2012
]]>This case's facts are similar to many other chemical exposure cases we've discussed in the past. In this case, a Texas man filed a personal injury claim against Texaco and several other companies which once owned a chemical plant where he worked. He alleges that he was exposed through the late 1970s to the hazardous chemical benzene, which is known to cause many types of fatal cancers and other health problems.
]]> His claim asserts that he was "occupationally exposed" to benzene and that Texaco and other companies negligently failed to warn him and other workers about the dangers of working with and around benzene. As a result of his exposure, he claims he developed a very serious and deadly blood cancer called multiple myeloma.In many cases of benzene exposure, it is often possible to reach a satisfactory and appropriate settlement outside of court, which can spare a plaintiff the time and stress of a trial. However, sometimes it is in the plaintiff's best interests to continue to assert his or her claim and have their day in court if an appropriate settlement cannot be reached. This often happens when a plaintiff feels the defendant's offer is insufficient or does not adequately address the plaintiff's belief that the defendant is culpable.
In this recent benzene exposure case, a Texas judge ruled to dismiss the plaintiff's claim after the defendants, including Texaco and Sabine Towing & Transportation, argued that the plaintiff was not following the terms of an alleged settlement agreement.
Now, we do not quite know why the plaintiff apparently agreed to a settlement and then tried to go ahead with the lawsuit. Perhaps he realized that the settlement was not as good as he first thought, or maybe he did not understand that he was settling the case and that this would preclude his right to a trial. This is why it is crucial that you and your attorney thoroughly discuss the possibility of a settlement. If you don't know what settling means, what you will receive under the terms of the settlement and what the defendant must do per the agreement, then you are not informed enough to make this important call. Naturally, a thorough and responsive attorney won't let this happen to you.
Source: The Southeast Texas Record, "Judge grants defendant's motion to dismiss benzene case," David Yates, April 18, 2012
]]>The 44-year-old man was a passenger in a car when the tire went flat on U.S. 171. He was trying to get the spare tire out of the trunk when he and the car were hit by a 25-year old woman, who is also from Lake Charles. The man was pronounced dead at the scene of this fatal car accident.
]]> The woman who hit him, the driver of the car with the flat tire and her 13-year-old passenger were all wearing their seatbelts at the time of the crash, but all suffered some injuries and were taken to local hospitals. The 13-year-old in particular suffered serious injuries.Louisiana state police said that this fatal car crash is still under investigation, and routine toxicology results have not yet been released. It is not yet clear why the 25-year-old driver hit the man, whether she did not see him or the car or if any negligence or carelessness was involved.
According to Troop D in Lake Charles, this is the eleventh fatal car crash that has occurred on local roads in the past year.
This tragic story serves as an important reminder to all motorists to be careful on the roads throughout the state, whether driving, riding or addressing an emergency like a flat tire. If you have reason to pull to the side of the road, make sure to pull over as far as possible and as far away from moving traffic as is feasible.
However, even if you take the most careful precautions, tragic accidents can still happen. Potentially negligent or reckless drivers around you may make even the mundane act of changing a tire a potentially dangerous or fatal act.
Source: The American Press, "Lake Charles man hit, killed," April 24, 2012
]]>Two men were killed last weekend when their speedboat crashed and burst into flames. The men, a 65-year-old father and his 39-year-old son, died instantly.
]]> Since the accident is still being investigated, we do not quite know what happened. However, in general, all people who operate watercraft have some responsibilities that, if properly followed, can greatly reduce the likelihood that someone will get hurt.If you are ever hurt in a boating accident and the person operating the boat did not observe the following general principles of watercraft safety, it could be worth your time to talk to a lawyer. If a person abandons his or her responsibility and you are harmed as a result, you may have the option of seeking recompense from that person for the harm done to you.
Source: Shreveport Times, "Officials urge boating safety after crash," Amanda McElfresh, April 16, 2012
]]>Residents of Roxana, Illinois, are experiencing natural concern and worry right now after they collectively came to believe that area refineries were not careful in using benzene and may have allowed it to seep into the community's land and water. This is worth knowing about because something similar could happen here in Lake Charles, were we have many refineries and other industrial facilities nearby that use benzene in their operations.
]]> The residents of Roxana are angry because they believe that a nearby Shell oil refinery leaked benzene in 1986 but lied about how much was released and where it wound up. They also believe the company did not begin cleanup efforts in earnest until 2005, meaning there were almost two decades were the benzene was not treated. Several people in Roxana believe that the frequency with whichShell has consistently denied the residents' claims.
Whether residents of Roxana are right or wrong, it would be best if they had no reason to fear for their health at all. All states have environmental quality laws, as does the federal government, and these laws exist for a reason. Furthermore, exposing people to dangerous chemicals like benzene is dangerous, irresponsible and unforgivable.
Source: The Telegraph, "Residents raise concerns about benzene," Sanford J. Schmidt, April 12, 2012
]]>Recently, a state judge in Arkansas ordered Johnson & Johnson to pay a whopping $1.1 billion after a jury came to the conclusion that it had lied about the safety of the drug and had misled consumers and doctors about its merits and safety relative to other drugs in its class.
]]> Although this happened in Arkansas, it matters to Louisiana readers because it is the third loss in a row that Johnson & Johnson has suffered with regard to Risperdal. A products liability law professor told a reporter that this means there is a trend emerging and that Johnson & Johnson "needs to be more realistic about its exposure and come up with an exit strategy in the form of a settlement."Any Louisiana resident who has taken Risperdal will first want to speak to his or her doctor about what, if any, harm he or she has been exposed to. After that, it may not be a bad idea to speak to an attorney. Lawyers often represent multiple defendants in these cases and file class action lawsuits so that the multiple defendants who have all been harmed in the same way do not have to each file their own suit.
Source: Bloomberg BusinessWeek, "JNJ Told to Pay $1.1B in Arkansas Risperdal Trial," Eric Francis and Jef Feeley, April 11, 2012
]]>That's what happened in Minnesota recently. A hazardous chemical spill on March 31 has meant that a highway through a popular tourist area will have to be closed at least through April so crews can clean up the spill, which may have released benzene into the area.
]]> The chemical was released when a semi truck and a train collided.The area in which the spill occurred is popular with tourists for its many lakes, which offer boating, fishing and swimming opportunities. Hopefully, no benzene will get into these waterways because if it does, it will be much harder to clean up and will put even more people at risk.
As we said, benzene exposure is a danger to the individual who comes into contact with the harmful substance, of course, but not every incident of chemical exposure concerns only one person. Situations like the one in Minnesota show how a great many people can be affected all at once.
Although this particular spill happened far away from Louisiana, it could just as easily happen around Lake Charles because there are so many chemicals being transported around our region.
Source: The Crookston Times, "Highway 59 at Plummer remains closed," April 10, 2012
]]>The incident that led to this lawsuit happened April 1, 2011. The man was working aboard a ship on the Mississippi when a mooring line broke loose. The line snapped backwards and struck him in the wrist.
]]> In his lawsuit, the sailor alleges that since his employers did not provide him with a safe place to work, they are responsible for the injury he sustained. He is seeking damages for mental anguish, disfigurement, loss if income, pain and suffering and other impediments, as well as attorneys' fees and interests.The lawsuit was filed March 14 and has yet to conclude, so we do not know its outcome. However, the suit does a good job of illustrating that people who are injured aboard ships or are hurt when they are offshore do not waive their legal rights. Things are a little different in such situations, but there are attorneys in Louisiana who understand what to do and can apply the law to scenarios like this.
This is not to say that a win is guaranteed, of course, because it never is. But it is saying that sailors and other people who work offshore do not need to feel like they operate in an entirely different legal sphere. They are entitled to a safe and fair workplace, just like everyone else.
Source: The Louisiana Record, "Chinese national sues Louisiana companies after suffering wrist injury," Michelle Keahey, March 30, 2012
]]>What's frightening is that this is not this company's first benzene-related infraction. Although this is all playing out in Colorado, this drama is relevant to Louisiana because it shows how a little carelessness on the part of a company can lead to a lot of cleanup, worry and health hazards if that company is working with benzene.
]]> Recently, the company, Suncor Energy, agreed to pay more than $2 million fines for violating air pollution laws. When inspectors visited the offending Suncor Energy plant two years ago, they were most concerned about the levels of benzene that were being admitted into the air.The fine is not being levied for the same incident that led to the contamination of nearby Sand Creek. That benzene was emitted in an accidental oil spill. The benzene level in Sand Creek is now 134 times higher than it should be. Suncor is working hurriedly to keep the benzene-laced water from entering the South Platte River because if it did, the benzene contamination would spread and endanger even more people.
As you can see, one company has twice in recent memory violated environmental regulations and both times the violation pertained to benzene. This is why the dangerous chemical is still a very real risk, even though we now are well aware that it is toxic.
Source: The Associated Press, "Energy company fined for air quality violations," April 2, 2012
]]>The sheriff's deputy was killed last Sunday in a car accident on Louisiana Highway 437 near Folsom. Investigators still are not sure what happened, but they do not believe that alcohol or drugs were present in the crash.
]]> The sheriff's deputy, who was not on duty when he was killed, worked for St. Tammany Parish and was a resident of Bush, Louisiana. He had been employed as a sheriff's deputy for St. Tammany Parish since 1991.In a cruel twist of fate, the sheriff's deputy received a commendation for lifesaving in connection with his response to a 2007 traffic accident in which several people were killed and others injured because they had not been wearing their seatbelts at the time of the collision. The sheriff's deputy was not wearing his own seatbelt at the time of the accident.
This story should serve as a reminder of how important it is for all Louisiana drivers to buckle up. They should also drive carefully and defensively, of course, but that being said, not every car accident can be prevented. Certain ones, such as those caused by the negligence of another drive, can befall you no matter how careful you are.
Source: The New Orleans Times-Picayune, "Man killed in crash outside of Folsom was St. Tammany Parish sheriff's deputy," Ramon Antonio Vargas, March 19, 2012
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