Robert W. Kerpsack Co., L.P.A.

Changes to Ohio Law Keeps Kids Buckled Up

2009-07-10T17:41:00.000-05:00

New changes to an Ohio law will change the requirements for when children can ride in the car without a booster or child-seat. One of the reasons the law has been changed is so that children do not suffer as many injuries in car accidents in the future.

At the moment, the seatbelts in vehicles better protect children that are at least 80 – 100 pounds and are at least 4 feet 9 inches tall. In past, child passenger laws simply stated that children who outgrew the limits of their forward-facing child-seats could sit in the backseat with regular seatbelts.

The changes to the child passenger law now requires all children who are younger than 8 years old or less than 4 feet 9 inches tall to ride in a properly fastened child-seat or booster seat. In the future, parents driving children who are not in compliance with the law will receive a $75 ticket. Right now, officers will simply inform parents that it is illegal for children to ride without a booster or child-seat if they are below the requirements.

The changes to this law should help curb the number of child whiplash, brain injures, and other serious injuries. The changes to the law will take place on October 7, 2009.

If you have a child that has been injured during an auto accident, you may be able to recover compensation from the negligent driver. Please contact one of the experienced auto accident lawyers at Robert W. Kerpsack Co., L.P.A. to schedule an initial claim

Woman Files Wrongful Death Lawsuit for Her Deceased Son

2009-07-09T17:39:00.000-05:00

An Ohio woman has filed a wrongful death lawsuit to attempt to regain compensation for the death of her son. The lawsuit claims that the helmet her son was wearing at the time of he was involved in an accident was defective, contributing to his death.

The woman’s son was killed in a 2007 motorcycle accident that involved another motorcyclist. The two were racing down the road in excess of 90 mph when the second motorcyclist hit the woman’s son. The impact caused the son to be thrown into the air and hit a tree.

During the motorcycle accident, the helmet’s chinstrap became separated from the helmet, which allowed the man to suffer a severe head injury. The skull fracture that occurred after the motorcycle accident is what ultimately led to his death.

According to the motorcycle accident lawsuit, the other motorcycle driver that hit the woman’s son is listed as the negligent party, the seller and manufacturer of the helmet is also listed as liable for injuries for making a defective product, and there are other parties listed in the lawsuit who contributed to her son’s wrongful death.

If you or someone in your family has been injured from a motorcycle accident or defective product, please contact the experienced personal injury lawyers at Robert W. Kerpsack Co. L.P.A.

Woman Files Wrongful Death Lawsuit for Her Deceased Son

2009-07-08T09:10:00.000-05:00

An Ohio woman has filed a wrongful death lawsuit to attempt to regain compensation for the death of her son. The lawsuit claims that the helmet her son was wearing at the time of he was involved in an accident was defective, contributing to his death.

The woman's son was killed in a 2007 motorcycle accident that involved another motorcyclist. The two were racing down the road in excess of 90 mph when the second motorcyclist hit the woman’s son. The impact caused the son to be thrown into the air and hit a tree.

During the motorcycle accident, the helmet's chinstrap became separated from the helmet, which allowed the man to suffer a severe head injury. The skull fracture that occurred after the motorcycle accident is what ultimately led to his death.

According to the motorcycle accident lawsuit, the other motorcycle driver that hit the woman's son is listed as the negligent party, the seller and manufacturer of the helmet is also listed as liable for injuries for making a defective product, and there are other parties listed in the lawsuit who contributed to her son's wrongful death.

If you or someone in your family has been injured from a motorcycle accident or defective product, please contact the experienced personal injury lawyers at Robert W. Kerpsack Co. L.P.A.

What to Do after a Blow to the Head

2009-06-19T13:08:00.000-05:00

A Traumatic Brain Injury (TBI) can occur from even the most mild-looking hits to the head, which is why any head impact is dangerous. The entire nation was shocked to see Natasha Richardson die after her seemingly mild skiing accident, and to make sure your loved one doesn’t suffer the same fate, you should take quick action.

In one example, an Ohio couple was surprised to hear Richardson's death, and the man decided to take his daughter to the hospital because she had been hit in the temple by a baseball a day or two before. It turns out that if it weren't for the actions taken by the father, the daughter would have died from an undiagnosed brain injury also.

If your loved one has been hit in the head, make sure they are treated as soon as possible. If they swear they are all right and insist on not going to the hospital, look for behavior changes and make sure they go to the doctor if they become drowsy, speak differently, or seem confused.

Finally, if you are around a high-risk group, make sure you are aware of potential hazards or injuries. Very young, old, or intoxicated people are prone to injuries like TBI. A traumatic brain injury can turn a family upside down, and to make sure your family is safe, make sure you keep a watchful eye on anyone that gets hit in the head.

Please contact one of the experienced personal injury attorneys at Robert W. Kerpsack CO., L.P.A. to schedule an initial consultation if you live in the Columbus, Ohio area and you or your loved one has experienced a brain injury.

Ohio Woman Hospitalized after Bicycle Accident

2009-06-18T13:05:00.002-05:00

A woman riding her bicycle was struck by a car and suffered serious injuries. The woman was taken to a nearby hospital to be treated. Bicycle accidents like this are very serious and the woman should schedule an initial consultation with an experienced personal injury lawyer as soon as she can.

The man who hit her was driving a Honda CRV; he was cited for not maintaining a clear distance ahead of his vehicle. The bicycle accident occurred when the man came over a small hill and hit the woman from behind.

A bicycle accident can be a horrific event, much like pedestrian accidents or motorcycle accidents. In a bicycle accident, even if the bicyclist is wearing a helmet, they can still be seriously injured or even die from the collision.

Some of the ways bicyclists can avoid any type of accident with other vehicles is by:

Wearing Bright or Reflective Clothing
Avoiding Riding Their Bike at High Traffic Times
Ride with Traffic
Ride with Tail Lights and Head Light

If you have been involved in a bicycle accident and have suffered any form of injury, a bicycle accident attorney will help you recover compensation from the person who is responsible. You may be able to recover compensation for property damage, medical pills, and pain and suffering.

If you live in the Columbus, Ohio area and have been in a bicycle accident, please contact one of the experienced personal injury lawyers at Robert W. Kerpsack CO., L.P.A.

FDA Warns Consumers to Stop Using Zicam Nasal Spray

2009-06-17T13:02:00.000-05:00

On June 16, the US Food and Drug Administration (FDA) warned consumers to stop using three varieties of the popular cold remedy Zicam, including the Zicam Cold Remedy Nasal Gel, Zicam Cold Remedy Nasal Swabs, and Zicam Cold Remedy Swabs (Kids Size), because they have been associated with loss of sense of smell. Over the past 10 years since the product was introduced in 1999, the FDA has received more than 130 reports of long-lasting or permanent loss of smell associated with Zicam products.

The FDA warns that these products were never formally approved for use. It furthermore points out that there is no evidence that these products reduce the duration or severity of cold symptoms. The situation is similar, but not identical, to that of the Hydroxycut products that were recalled for liver damage risk last month. The FDA has said that if Zicam-maker Matrixx Initiatives wants to continue to market the product, it will have to submit safety and effectiveness data.

The loss of smell may be associated with nasal nerve damage resulting from exposure to zinc. Zinc is a heavy metal that is toxic to nerve tissue, and is implicated in nerve damage associated with denture cream use.

The FDA urges all people to dispose of unused portions of these Zicam products. If you have experienced a loss of sense of smell, the FDA recommends you should talk to your healthcare provider.

If you have been hurt by this or by other dangerous drugs, you may be eligible for compensation for medical expenses, diminished quality of life and other damages. Contact the Columbus, Ohio personal injury lawyers at Robert W. Kerpsack CO, L.P.A. for a free case review.

SUV Accident Ends in a Splash in Ohio

2009-06-04T16:45:00.000-05:00

At the moment, police are still unsure what caused an Ohio SUV to jump a curb, hit a pole, and end up in a resident's swimming pool. The SUV accident only involved the one vehicle, and the only other damage to the property was a ruined pool cover.

The accident occurred around 2 a.m. and there were two people riding in the SUV at the time of the accident. Although the vehicle damaged the pool cover, police say that if it weren't for the pool cover, the vehicle may have ended up at the bottom of the pool.

In order to extricate the SUV from the swimming pool, the authorities had to bring in a crane to lift the car out of the water. The single-car accident is still being investigated to determine if drunk driving caused the driver to leave the road.

In an accident like this, it is an excellent idea to retain the expertise of an auto accident attorney. An auto accident lawyer will review the facts of the case and work with both home insurance as well as car insurance companies so that you can recover the compensation you deserve for your injuries.

If you or someone you know has been involved in any type of car accident, an auto accident attorney is critical to the outcome of the case. Please schedule an initial consultation with Robert W. Kerpsack Co., L.P.A., Columbus, Ohio car accident attorney today to learn more.

Surviving Family Files $1.5 Million Ohio Malpractice Lawsuit

2009-06-02T16:43:00.000-05:00

An 84-year-old man's son is filing a medical malpractice lawsuit in Northern Ohio after his father passed away at MedCentral/Mansfield Hospital in November 2007. The lawsuit claims that the man's father passed away as a direct result of doctor's failure to diagnose or treat prostate cancer.

According to the lawsuit, the deceased man was a patient at the hospital from 2006 through September 2007. Unfortunately, the lawsuit is apparently missing a key element to make it a valid medical malpractice claim.

Defending medical malpractice attorneys say that the son is missing an affidavit of merit by a physician. This type of affidavit essentially confirms in writing that a physician believes that the medical malpractice by the other doctors caused the injuries or wrongful death suffered by the victim, and is a typical component of tort reform in states like Ohio seeking to curb "frivolous lawsuits."

The County Health Department listed severe pneumonia, congestive heart failure, acute respiratory failure, as well as medistatic stage four prostate cancer as the causes of the man's death.

If you or one of your loved ones has suffered a wrongful death or has been injured as a result of medical malpractice, you may be able to recover compensation. To learn more, please schedule an initial consultation with Robert W. Kerpsack Co., L.P.A., Columbus, Ohio medical malpractice attorneys.

Children with Early Traumatic Brain Injury Suffer Life-Long Effects

2009-05-29T16:41:00.000-05:00

Researchers at the University of Ohio in conjunction with hospitals in Columbus, Ohio have completed a study that followed the growth of children who suffered Traumatic Brain Injury (TBI). The results of the study determined that children would experience neuropsychological problems as they grow.

The study followed children who had suffered severe, moderate, and musculoskeletal injuries six months, one year, and between 3 and five years after the initial accident. All of the children suffered their injuries between the ages of six and 12. The children with severe TBI injuries showed more serious problems than moderate TBI victims in areas such as:

Memory
Behavior
Learning
Adaptation
Mental Processing

This study shows that traumatic brain injuries are even more serious when they occur early in life. A TBI can impact someone for the rest of his or her life. Some of the common ways traumatic brain injuries occur include car accidents, slip and fall accidents, and pedestrian accidents.

If your child has suffered a TBI in Columbus, Ohio, you need to contact Robert W. Kerpsack Co., L.P.A. A TBI can result in a lifetime of medical costs, and you should be compensated for the injuries suffered.

Please schedule an initial consultation with Robert W. Kerpsack Co., L.P.A. today to learn more about how to file your TBI claim.

Unemployment Rates Linked to Uninsured Driver Rates

2009-05-24T16:39:00.000-05:00

A recent study performed by the Insurance Research Council has determined that as the unemployment rates rises throughout the country, the number of people dropping or lowering their car insurance is also rising. As people look for more and more ways to cut costs, some are taking chances by driving while uninsured or under-insured.

While this might not seem like that big a deal, it could lead to serious problems if you are involved in a motorcycle accident, pedestrian accident, or car accident. For instance, if you're hit by an uninsured driver, there is no insurance company to turn to in order to pay for your injuries or damages to your car. Without insurance coverage, the driver at fault may not be able to pay for the injuries you've suffered.

People who drive without insurance are breaking the law, and if you are involved in an accident with a driver who has no insurance, you need to be compensated. By working with an experienced uninsured accident attorney from Robert W. Kerpsack Co., L.P.A. who is experienced in handling uninsured accident claims, you can get the compensation you need for:

Medical Bills
Damage to Your Car
Pain
Suffering
Loss of Work

If you or one of your loved ones has been involved in any sort of accident with an uninsured driver, please schedule an initial consultation with Columbus, Ohio accident attorney, Robert w. Kerpsack Co., L.P.A.

Motorcycle Accident Victim Sent to Columbus, Ohio Hospital

2009-05-21T14:47:00.000-05:00

A man from Lancaster, Ohio was involved in a motorcycle accident and had to be taken to a Columbus hospital by medical helicopter to treat his serious injuries. The motorcycle accident occurred when the man lost control of his motorcycle and went off the side of the road, hitting a business sign.

One of the reasons the man suffered such serious injuries is because he was not wearing his helmet at the time of the motorcycle crash. Witnesses say they saw the man let go of his handlebars moments before losing control of the bike, but investigators are unsure why this happened.

At the moment, officers do not believe that drunk driving caused the accident, but it is possible.

As with many other motorcycle accidents, this crash involved serious head injuries. Some of the other common injuries people suffer after a motorcycle accident include broken bones, neck injuries, spinal cord injuries, and even amputations.

If you or a loved one has been in a motorcycle accident and you believe another driver caused it, please contact the experienced Columbus, Ohio motorcycle accident attorneys at Robert W. Kerpsack Co., L.P.A.

Chemical Plant Explosion Evacuees Return Home

2009-05-18T14:45:00.001-05:00

Residents of nearly 150 homes near Columbus, Ohio were allowed to return to their houses after being evacuated. The evacuees were asked to leave their homes as a safety precaution after a fire broke out in a nearby chemical plant warehouse.

After hours of battling the flames, a few local firefighters were thrown back from an explosion and were taken to a local hospital. After the injured firefighters were taken away, the decision was made to allow the fire to burn itself out.

After the fire started, there were numerous explosions after the fire engulfed dangerous, flammable chemicals. While there were no employees on site, investigators are still looking into possible causes of the blaze. In 2005, the plant was cited and fined by the Occupational Safety and Health Administration (OSHA) for violations in handling hazardous or flammable materials that could have increased the risk of workplace injury or dangerous fires.

Officials in the area have asked local residents to keep a watchful eye on their health because they are unsure of what effects the burning chemicals will have. Any residents suffering from itchy, watery eyes, sore throat, nausea, or any other discomforts should contact a doctor immediately.

If you or a loved one has suffered any injuries as a result of the chemical plant explosion, it's important that you contact an experienced toxic tort attorney. A toxic tort lawsuit can be very complex and difficult to handle, so please schedule your free consultation with the Columbus, Ohio toxic tort lawyers at Robert W. Kerpsack Co., L.P.A.

Woman Wins $1.3 Million in Ohio Medical Malpractice Lawsuit

2009-05-15T11:12:00.000-05:00

A woman suffered second degree burns on her face after a fire broke out during a procedure in an operating room of the Zeeba Surgery Center. Lauren Wargo was having a mole removed from her face when Dr. Michelow used a medical instrument known as an electrocautery device, which caused a fire.

The jury awarded Wargo $872,000 for the burns she suffered, but then awarded her an additional $425,000 in punitive damages. The punitive damages were awarded as a punishment because Dr. Michelow attempted to conceal the cause of the fire from Wargo and her family.

Medical malpractice is a terrible thing and it can cause you to be permanently scarred or injured. Some of the more common forms of medical malpractice include wrong site surgery, nerve damage, and ligament damage. Incompetent or negligent doctors should be held responsible for their mistakes, and an experienced Ohio medical malpractice attorney can help your recover compensation for your losses after medical malpractice.

If you or your loved one has been the victim of medical malpractice, please contact the experienced Ohio medical malpractice lawyers at Robert W. Kerpsack CO., L.P.A. to schedule an initial consultation.

Reducing the numbers of Dog Bites in Ohio

2009-05-13T11:11:00.000-05:00

Officials in Stow County, Ohio are attempting to keep the number of dog bites as low as possible, but the first line of defense is the dog owners themselves. Dog owners need to be responsible for their pets so that local animal control employees can do their job better.

People who raise dogs improperly can create animals that are more prone to bite than other dogs that have been well cared for. A dog bite is a dangerous thing, and many dogs that have serious issues can maim or even kill young children.

Now, municipalities all over Ohio are making it easier to identify dog owners who are not raising their animals appropriately. If you have seen someone raising a dangerous animal, you can now call animal control to report the owner. If this happens, the owner may be fined $100 or more.

If a dog has bitten you or one of your loved ones, you may be able to receive compensation for your pain and suffering. A dog bite is not only painful, but it can traumatic, making you permanently fearful of dogs. Please contact the experienced Ohio dog bite lawyer at Robert W. Kerpsack CO., L.P.A.

FDA Warns about Diet Aid Hydroxycut after Reports of Liver Damage

2009-05-08T12:34:00.000-05:00

On May 1, 2009 the US Food and Drug Administration (FDA) issued a warning of possible liver damage resulting in death that has been linked to the use of the diet aid Hydroxycut. Reports linked use of the popular diet aid to at least one death and dozens of serious health problems including jaundice and elevated liver enzymes, an early sign of potential liver damage. Several patients experienced liver failure. Some survived as a result of liver transplant. One died when his liver transplant was aborted following the discovery of additional serious health complications. The FDA has said that everyone should stop using this potentially dangerous diet aid manufactured by Iovate Health Sciences, Inc. If you have unused Hydroxycut, you should return it to the place of purchase.

Those affected were healthy before they began taking Hydroxycut, and most had no risk factors for liver damage. The user who died was a 20-year old male. He died in 2007, but the link to Hydroxycut was not reported to the FDA until this March.

If you have been using Hydroxycut, you should look out for the signs of liver damage, including:

Jaundice
Brown urine
Nausea
Vomiting
Pale stools
Fatigue, weakness
Stomach pain and loss of appetite

If you experienced these symptoms after using Hydroxycut, you should consult your doctor about possible liver damage. The FDA does not yet know what ingredient or ingredients may be responsible for the liver damage.

Diet aids are not strongly regulated by the FDA. Prescription medications undergo premarket approval to verify their safety and effectiveness, but diet aids and nutrition supplements are exempt from this requirement. Manufacturers of diet aids like Hydroxycut do not have to prove that their products are effective or even safe, and the FDA does not verify that the ingredients listed are the only ones present. Although this type of product often claims to be all-natural to imply it is safe, many of them are as dangerous as prescription drugs, but without FDA oversight. It is only after reports of serious injury that the FDA begins action, and even then it can rarely force a product recall, only request one. In the case of Hydroxycut, Iovate Health Sciences, Inc. announced a voluntary recall "out of an abundance of caution." The FDA's list of recalled Hydroxycut products lists all 14 varieties being recalled. The recall of Hydroxycut follows warnings of other diet aids like Fen-Phen and PPA.

If you have been injured as a result of a dangerous drug, whether FDA-approved or without premarket approval, please talk to a Columbus, Ohio product liability lawyer at the offices of Robert W. Kerpsack Co., L.P.A..

Falling Trees and Premises Liability

2009-05-06T12:31:00.000-05:00

When you have a slip and fall accident due to a poorly maintained walkway or floor, you know that you can file a premises liability lawsuit to recover damages for you injury. You can recover compensation for medical expenses, pain and suffering, and, depending on the grievousness of the property owner's neglect, possibly punitive damages. But what about when a tree or tree branch falls and injures you or kills a loved one?

On Tuesday, a 50-foot tall tree broke off at the trunk about 3 1/2 feet off the ground and fell on a passing pickup truck. A young boy was killed. The father, who was driving and seated directly in front of the boy, suffered serious personal injury and was taken to the hospital. The mother, seated beside the father, suffered minor injuries. And a young girl sitting beside the boy who was killed, was unharmed. Could this be the basis for a successful premises liability lawsuit?

The answer depends on whether there was any violation of a property owner's duty to maintain the tree and protect passers-by from hazards. Indications that a tree might be dangerous and should be removed or trimmed include:

Tree growing too large for root structure and/or soil quality
Tree threatening power lines
Tree growing asymmetrically, increasing likelihood it will fall
Tree old or diseased
Numerous or large dead branches
Tree moves dangerously in the wind or sags under snow or ice

If a tree showed several of the warning signs but was not trimmed or removed by the property owner, it may be the basis for a premises liability lawsuit. Poorly maintained trees are a hazard to people and property.

In the case of the young boy killed- the tree was a 50-foot-tall oak that seemed to have no disease or rot. Since it broke off at the trunk, the roots are not to blame. There was no wind, and no sign of tampering with the tree. It seems to have been a freak accident, and most likely not a good basis for a premises liability lawsuit.

If you were injured or a loved one suffered injury or wrongful death as a result of a poorly maintained tree, schedule a premises liability lawsuit consultation with the Columbus, Ohio personal injury lawyers at Robert W. Kerpsack Co., L.P.A. today to discuss possible action.

Neglect at Columbus, Ohio Nursing Home Responsible for Lawyer's Death

2009-04-30T15:20:00.000-05:00

A Franklin County Ohio Jury ruled last week that nursing home neglect was the sole cause for the 2005 death of a lawyer who was debilitated following a stroke in 1984. The jury awarded the man's widow $6.5 million in her wrongful death lawsuit.

After his 1984 stroke, Peter Southard was disabled and forgetful. He was constantly thirsty, and could not merely be told to drink--he had to be watched to ensure that he drank enough water. His wife cared for him since his stroke, but on occasion she would admit him to a nursing home for a respite. In May 2005, she took him to a nursing home while she took a two-week vacation. But when she returned she found him in a clothes-strewn room with urine-soaked bedding. He was incontinent and had a bloody rash on his groin. Two days later, he died of dehydration and kidney failure.

The nursing home argued that Southard's death was due to diarrhea after he left the nursing home. They also filed a countersuit against his doctor, claiming medical malpractice, negligence, and inadequate instruction that contributed to Southard's death.

In the trial, doctors testified that care at the nursing home was below minimum standards, and aides at the nursing home said they were never told of Southard's need for water and close supervision.

Nursing home negligence similar to this case is unfortunately common. If you have lost a loved one in this type of tragedy, we can help. Please schedule a free nursing home neglect consultation with Columbus, Ohio wrongful death lawyer Robert W. Kerpsack of Robert W. Kerpsack CO., L.P.A.

Medication Error a Common Form of Medical Malpractice

2009-04-29T15:18:00.001-05:00

Delivering an appropriate medication at the right time can save a life, but a medication error is just as likely to cause serious injury. Research shows that this is one of the most common forms of medical malpractice, an all-too-common occurrence in America's hospitals, nursing homes, and doctors' offices.

According to a 2006 Institute of Medicine (IOM) study, at least 1.5 million Americans are harmed as a result of medication errors every year, an average of roughly one per hospital patient per day. About 400,000 of these injuries occur in hospitals and 800,000 in long-term care settings like nursing homes. Some forms of medication errors are:

• Giving the wrong drug (about 25% of medication errors)
• Inappropriate delivery method (about 16% of medication errors)
• Delivering inappropriate dosage (about 41% of fatal medication errors)
• Prescribing inappropriate drug for patient

Although many steps are being taken to combat these forms of medication errors, they remain rampant forms of medical and nursing home negligence.

According to the IOM, the medication errors cost patients $3.5 billion in additional medical expenses, and resulted in an uncounted number of wrongful deaths every year. If you have been harmed by this type of medical error, please schedule a medical malpractice consultation with the Columbus, Ohio personal injury lawyers at Robert W. Kerpsack Co., L.P.A. today.

Drugs for Erectile Dysfunction Can Give You a Heart Attack or Make You Go Blind or Deaf

2009-04-24T16:00:00.000-05:00

Erectile dysfunction drugs are a booming market for pharmaceutical companies. All three major varieties on the market--Viagra (sildenafil), Cialis (taldanafil), and Levitra (vardenafil)--have several million prescriptions written every year, numbers that continue to grow. Although these drugs have all been approved by the Food and Drug Administration (FDA), they have many dangerous, potentially deadly side effects.

Because the main effect of these drugs is to dilate blood vessels, it can lead to a potentially serious decrease in blood pressure. The dip is small, and generally transient, but for people with heart risks, it can be dangerous. For those taking heart medications, the interaction with erectile dysfunction drugs can be dangerous.

Transient vision effects like a blue tinge to vision are seen more often with Viagra, but may be seen with other erectile dysfunction drugs. But Viagra, Cialis, and Levitra all seem to be equally likely to induce the potentially serious loss of vision known as non-arteritic anterior ischemic optic neuropathy (NAION), in which a person suddenly loses half or all of one's vision in one or both eyes. Although no causal relationship has been established, there seems to be a temporal relationship between the onset of NAION and the use of erectile dysfunction drugs.

Hearing loss has also been reported among a small number of users of these drugs. The hearing loss is sudden, involving one or both ears. In most cases, it occurs after taking the first dose of the drug. According to clinical trials, it seems to occur in about 1 every 5000 patients. Currently, there is no explanation for the mechanism of hearing loss. Sometimes, the hearing loss is permanent.

All of these side effects showed up during clinical trials, but manufacturers decided to market these dangerous drugs anyway. If you suffered a dangerous heart attack, other cardiovascular event, or sensory loss as a result of taking Viagra, Cialis, or Levitra, please schedule a drug litigation consultation with the Columbus, Ohio law firm of Robert W. Kerpsack Co., L.P.A. today.

C-Section for the Prevention of Brachial Plexus Injury

2009-04-21T15:59:00.000-05:00

One of the most comprehensive studies of the effect of birth modes on birth injury is the 1999 study, "Effect of Mode of Delivery in Nulliparous Women on Neonatal Intracranial Injury," by Dena Towner, M.D. et all, also known simply as The Towner Study. Although the study was originally designed to consider the safety and effectiveness of vacuum extraction delivery for newborns, the study, which considered over half a million live-born single infants to women who had had no previous children, between 1992 and 1994 also revealed the potentially dangerous effects of several different extraction methods.

Delivery by forceps is, according to The Towner Study, the most dangerous method of delivery. It increases the incidence of facial-nerve injury by over 13 times, and the incidence of brachial plexus injury by over three times. Vacuum extraction has an incidence of brachial plexus injury over twice that of spontaneous birth. In fact, the only method of delivery that results in a reduced rate of brachial plexus injury is planned Caesarean section (C-section), which reduces the risk by half.

Therefore, planned C-section is often recommended for the prevention of brachial plexus injuries, which can lead to paralysis or palsy in one or both arms, especially when the baby is late or large in comparison to the mother's pelvis.

If your child suffered brachial plexus as a result of a completed or attempted vaginal birth when a c-section may have been recommended, you may be facing a lifetime of medical expenses and intense care. A medical malpractice lawsuit may help cover some of these expenses. Schedule a brachial plexus injury consultation with the Columbus, Ohio law firm of Robert W. Kerpsack CO., L.P.A.

New Semi Truck Accident Report Released

2009-04-17T15:57:00.000-05:00

The Federal Motor Carrier Safety Administration (FMCSA) has released its analysis of semi truck accidents and other large truck crashes that occurred in 2007.

Although large trucks account for only 4% of all registered vehicles in the United States, 12 % of people killed in traffic accidents in 2007 died in accidents involving a large truck. Semi trucks accounted for 62 % of all large trucks involved in fatal accidents.

In contrast, large trucks represented only 2% of vehicles in injury crashes, and tractor trailers represented only 46% of those large trucks.

Truck drivers involved in fatal crashes were much less likely than passenger car drivers to be driving drunk. Less than 1% of truck drivers in fatal accidents were legally intoxicated, compared to 23% of passenger vehicle drivers. Truck driver-related factors were cited for 38 % of fatal large truck accidents, including: speeding, crossing lane boundaries, distraction, and failure to yield the right of way.

Road construction zones are very dangerous places to be with a semi truck or other large truck. About 24 % of all fatal crashes that occurred in work zones involved a large truck.

Overall, semi trucks are less likely to be involved in accidents, but accidents involving semi trucks are much more likely to be fatal. Over 80 % of those killed in semi truck accidents are in other vehicles. Although the rate of accidents may continue to decrease, this proportion never changes. Semi truck drivers are among the best drivers out there, but semi trucks are inherently dangerous. The cost suffered in wrongful death and serious personal injury is part of the cost of doing business in trucking, and must be borne by those who also reap the profits of trucking.

If you have been injured or lost a loved one in an accident involving a semi truck, a semi truck accident lawsuit can make those responsible feel the cost of your loss. Schedule a free, no-obligation semi truck accident consultation with Columbus, Ohio personal injury lawyer Robert W. Kerpsack today.

Small Cars Perform Poorly in Car Accidents with Midsize Cars

2009-04-16T13:00:00.000-05:00

New tests by the Insurance Institute for Highway Safety (IIHS) show that smaller cars, although frugal on fuel, may be more dangerous than larger models.

Minicars, sometimes called microcars, are being promoted to appeal to people looking for smaller, cheaper, and fuel-efficient cars. However, according to recent crash tests conducted by the IIHS, they may be more dangerous to drive than other cars. Most minicars perform well on the Institute's offset barrier test, an indicator of how well they will perform in a car accident with another car of their size. But when the IIHS crashed three of these smaller cars into midsize cars by the same manufacturer, each traveling 40 mph, they found that the smaller cars performed poorly.

IIHS crashed a Honda Fit (31 mpg) into a Honda Accord (29 mpg). While the Accord scored a good rating, the Fit scored poor, showing likely auto accident injuries to the legs during a crash. When they crashed a Smart Fortwo (41 mpg) into a Mercedes C-Class (25 mpg), the C-Class achieved a good result, while the Smart Fortwo did far worse. It flew into the air and spun 450 degrees, throwing the crash dummy around inside the car, with likely injury to multiple locations including the head and neck. They crashed the Toyota Yaris (36 mpg) into the Toyota Camry (31 mpg). The dummy in the Yaris showed likely head injury, neck injury, and leg injury.

Although only about 1 % of all car accidents are this violent, for many of these cars, the increase in fuel economy is slight when compared to the increased likelihood of injury. They may even be considered defective vehicles because they are unable to protect passengers. If you have been injured in a car accident, no matter what the car, you need representation to increase your likelihood of a positive settlement that covers your injuries. Schedule a free, no-obligation car accident consultation.

New Test May Replace Pap Smear

2009-04-10T10:14:00.000-05:00

The key to ensuring the highest possible survival rate for all cancers is early diagnosis. Late diagnosis of a cancer dramatically decreases your chances of survival. For example, patients who are diagnosed with early stage colorectal cancer have an 89.7% 5-year survival rate, which drops to 10.8% if the cancer is diagnosed in a late stage, based on the National Cancer Institute's SEER database. This is also the reason why death rates for cervical cancer have dropped dramatically in the United States. The invention of the Pap smear and near-universal screening have allowed those at risk for cervical cancer to be detected early, and receive life-saving treatment. For cervical cancer, the 5-year survival rate is 91.7% if detected early, but only 16.6% if detected late, and early screening has roughly halved the mortality rate of this cancer since the 1950s.

Now researchers believe they have discovered a new form of cervical cancer screening that may be even more effective than Pap smears. The new test involves genetic screening for the Human Papilloma Virus (HPV), which is a necessary precursor for cervical cancer. According to a study comparing Pap smears, DNA tests, and other screening methods among over 130,000 women in India, the DNA screening decreased mortality due to cervical cancer by a third over the Pap smear. This may be because women had to return to a doctor to learn the results of a Pap smear, while the DNA results were immediately available. Another important factor, though, is that the DNA test seems to have a 100% detection rate. No woman who received a negative DNA test died from cervical cancer. This led the study's authors to conclude that DNA testing could be conducted only once every ten years, but the American Cancer Society said screening should probably be conducted at least every five years, even with the new test. Although vaccination for the HPV may make screening redundant for many women, this new test could further reduce the incidence of late stage diagnosis for cancer.

With the variety of screening techniques available, there is no excuse for late diagnosis medical malpractice. If your doctor failed to detect cancer in you or your loved one at an early stage and you or your loved one has suffered through invasive cancer treatments or death as a result, you deserve compensation for your injury. Please schedule a free, no-obligation medical malpractice consultation with Columbus, Ohio law firm Robert W. Kerpsack CO., L.P.A. today.

Accutane Dangerous Drug Lawsuit Affected by Supreme Court Decision

2009-04-08T14:35:00.000-05:00

The Supreme Court handed down a long-awaited decision in the important dangerous drug lawsuit Levine v. Wyeth. In making its decision, the Court decided against a general rule for preemption of state-based dangerous drug lawsuits by the Food and Drug Administration's (FDA) regulatory power over the labeling and use of pharmaceutical drugs. This allows lawsuits to go forward against manufacturers of dangerous drugs, even if the drug and its labeling received explicit approval from the FDA for the application responsible for the injury.

However, the Supreme Court unfortunately left an open door for drug companies to shield themselves from state-based lawsuits on pharmaceutical injuries. Drug companies, the Court said, could be held liable for any potential injuries they knew were a risk and either failed to mention or did not adequately communicate in their labeling. But the company could be protected if it could prove it submitted adequate warning language to the FDA, even if the FDA rejected the change.

Accutane lawsuits now hinge on this question. The case of McCarrell v. Hoffman-La Roche was sent back to a trial court by the Superior Court of New Jersey, partly because of the Superior Court of New Jersey established a standard of proof that Hoffman-La Roche must meet to be protected under the Levine v. Wyeth decision.

The case stems from injuries suffered by a user of Accutane to control acne, who developed inflammatory bowel disease (IBD) while taking the drug and had to have his colon removed. Trial court found in favor of McCarrell, granting a products liability lawsuit judgment against Hoffman-La Roche.

The trial court found that Hoffman-La Roche had more than sufficient justification to further investigate the connection between Accutane and IBD and put a strong warning about IBD on the labeling.

In its appeal, Hoffman-La Roche wanted the Superior Court of New Jersey to throw out the verdict because the state-based tort lawsuit was preempted by federal law. Hoffman-La Roche claimed it could not strengthen the label for Accutane without FDA approval of the text. But, as affirmed by the Supreme Court in Levine v. Wyeth the FDA's "changes being effected" (CBE) system allowed for just such a unilateral action. The Superior Court of New Jersey instructed Hoffman-La Roche that, to receive preemption protection for its inadequate warnings about IBD, it had to produce evidence that it had applied for stronger warnings, but had them rejected by the FDA.

Levine v. Wyeth is a win-win situation for those taking potentially dangerous drugs. Either pharmaceutical companies will see encouragement to report dangerous side effects as soon as these become known, preventing further injuries, or people injured can pursue lawsuits based on a failure-to-warn argument without having to worry about preemption by weak FDA warnings.

Accutane lawsuits are currently going forward. If you are an Ohio resident who suffered inflammatory bowel disease or other digestive condition as a result of Accutane use, your window for filing a lawsuit may be closing. Schedule a free, no-obligation Accutane lawsuit consultation with the drug litigation lawyers at Robert W. Kerpsack Co., L.P.A. today.

Truck Accident Kills 2, Injures 12

2009-04-03T10:36:00.001-05:00

On April 1 in La Cañada Flintridge, California, a car carrier lost control, struck five vehicles, then crashed into a bookstore & coffeehouse. The truck may have lost its brakes on the steep Angeles Crest Highway. It sped down the hill, through an intersection, striking several cars. Then it drove completely over a sedan occupied by two people, a man and his twelve-year daughter, who were both killed. Several people in other cars were injured, three critically, and an employee in the book store suffered a broken leg.

This tragic truck accident shows how the reckless actions and negligence of many people can combine to create a deadly situation.

According to the mayor of La Cañada Flintridge, numerous requests had been made to the California Department of Transportation (Caltrans) to fix the dangerous intersection when a truck lost control there last September, destroying seven vehicles and injuring one person, but due to disagreements between Caltrans and the city, no action had been taken. The driver, who was arrested on suspicion of gross vehicular manslaughter and felony reckless driving, had taken a steep mountain road where big rigs are banned. Coming down the steep grade may have contributed to the degradation of the truck's brakes and their eventual failure. Poor maintenance on the truck's brakes may also have contributed.

If you have been injured in a truck or auto accident, or if a loved one has suffered a wrongful death in one, all those responsible should be held accountable to the full extent of the law. Please schedule an auto accident consultation today with Columbus, Ohio personal injury lawyer Robert W. Kerpsack CO, L.P.A.to pursue action against those to blame for your injury.