Tag Archives: negligence

Not So Neat: Whiskey Distilleries Spread Fungus

Whiskey barrels

The citizens of Louisville, Kentucky and the surrounding area have recently sued the local Whiskey distilleries because of a “black gunk” that was found over the roofs of their houses and cars.  As a result, property damage and negligence lawsuits have been filed against factories along the “Bourbon Trail.”  The main cause of the sooty germination is a naturally occurring fungus that latches onto ethanol, which many distilleries continue to emit.  Though monetary damages have not been specified many are asking the companies to reevaluate their environmental policies. Read more

Concussion Lawsuit may be the New England Patriots of Lawsuit Cases

Ominous metaphor

It can be assumed that one who takes part in violent activity is at risk of permanent injury.  In many cases, however, the reward is well worth the occupational health risks. This is a justification that can be seen as far back as Roman Gladiators, who won riches and celebrations across the Empire for their successes despite facing certain death for their failures.  The same holds true today, where aside from stunt drivers or Chris Brown’s girlfriend, a professional football player might be the most dangerous gig in the entertainment industry.  The shelf life of an NFL player, especially those at positions prone to poundings (such as running back), is only a few years. Players who have spent their lives honing their craft are given a very small timeframe to cash in on their talent and to position themselves financially for the future. Even if a player remains healthy, fatigue and athletic decline can be seen by the age of 30. Just ask the guy who drafts Chad Ochocinco in your fantasy league this year.

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Two Recent Negligence Settlements from Public Service Mistakes

Justice

Everyone makes mistakes, even those whose sworn mission is to protect and serve or to do no harm.  Two settlements were announced this week that demonstrate exactly that.  In Brooklyn, New York, a woman whose doctors’ negligence resulted in the amputation of her arms and legs was awarded $17.1 million.  In Tallahassee, Florida, the negligence of the police concerning a woman who was murdered during a botched drug sting operation led to a $2.4 million settlement for her family.  In both these cases, the professionals in charge, the ones whose judgement is awarded a certain amount of trust, made bad decisions that led to unfortunate consequences.  Everyone makes mistakes, but the law in general isn’t there to prevent that.  Rather, the law and the court system are intended to pursue justice among an otherwise ambivalent world.  And so, the silver lining: in Florida, a new regulation, called “Rachel’s Law” after the woman in question, was enacted to train policemen better and set up new guidelines in the use of criminal informants.

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Teva Settles More Than $250 Million in Hepatitis Outbreak Cases

Propofol’s medicine vials were too large, leading doctors to dangerously reuse them on multiple patients.

The pharmaceutical company Teva has set aside $285 million to settle lawsuits related to their anesthetic Propofol and an outbreak of Hepatitis C in Nevada.  As reported by Bloomberg, litigants alleged that the company purposefully sold the drug in vials large enough to be reused and improperly labeled the containers, leading doctors to use drugs from the same vial on multiple patients.  This practice leaves patients vulnerable to infection and led to the spread of a deadly virus to colonoscopy patients in Nevada, the litigants claimed.  Hepatitis C is a viral liver infection and can be deadly if left untreated.  More than 80 lawsuits have been brought against Teva, which hopes to settle with the majority of them.

We are reminded that modern pharmaceutical medicine is not guaranteed to be safe.  The drugs we put in our bodies are not perfect and are, as anything, always vulnerable to human error as in this case.  An understandable lack of foresight led to the distribution of too-large vials, which led to reuse, which led to a transmittal of disease.  Though companies usually work to pull imperfect drugs from the public, as evidenced by the seemingly-frequent recall of children’s Tylenol, some things will always slip through the cracks.  The best practice when dealing with chemicals and your body is to find a trustworthy doctor, take your time, and, of course, conduct your own research.

$2.5 Million for Family of Crash Victim

Family compensated

According to the New Haven Register, the family of David Servin, a teenager killed in an accident with a police cruiser, have reached a settlement with the city of Milford, Connecticut.  The family will receive $2.5 million to drop the wrongful death civil suit brought against the policeman at the helm of the vehicle, Jason Anderson.  Servin and a friend, Ashlie Krakoski, both 19 years old, were returning home from a party when they were struck by a police car travelling 94 miles per hour.  The now-former policeman was not responding to a call at the time of the accident.  Mr. Anderson still faces two criminal charges of second-degree manslaughter.

Although the two teenagers had been drinking that night and autopsies revealed they were above the legal limit to drive, the settlement shows that a civil trial may have been damaging to the city.  It’s possible that the policeman would have been found culpable for the deaths regardless of the teenagers’ sobriety.  Be careful when on the road, because you never know what’s around the corner.