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Public Justice Formally Joins Bleed Air Lawsuit

Brandon West — Mon, 05 Oct 2009 20:14:24 GMT

For Terry Williams, the health effects of contaminated bleed air have been life altering. A flight attendant for 17 years, Ms. Williams suffered injuries preventing her from working, from taking care of her children, and from functioning in a manor she would consider normal. Doctors have connected her injuries with an exposure to bleed air contaminated with toxic engine oil fumes.

“Public Justice is joining this case because toxic bleed air is a problem of national importance,” said Leslie Brueckner, the lead Public Justice attorney on the case. “One of Public Justice’s core missions is to use damage litigation to compensate victims of corporate misconduct. Success in this case will also create a financial incentive for Boeing to get the poison out of the air breathed by its passengers and crew members.”

The case focuses on the design of the passenger ventilation system used by McDonnell-Douglas on the MD-82, which ‘bleeds’ compressed air off from the engines and is routed back to the passenger compartment. The design of the airplane’s ventilation system would permit toxic chemicals from burned engine oil or hydraulic fluid to enter the cabin air supply without filtration.

This case could have broad reach in the travel industry in regards to public health and safety. For airlines, this could start a pro-active process in addressing safety issues like contaminated bleed air before people are injured.

Toxic Bleed Air – Additional Information

The complaint: Williams v. McDonnell Douglas Corp.

Prior coverage: Airplane Ventilation System Defect the Focus of Air Bleed Contamination Case

Informative reading: The Airliner Cabin Environment and the Health of Passengers and Crew

Originally posted at InjuryBoard by Brandon West

Airplane Ventilation System Defect the Focus of Air Bleed Contamination Case

Brandon West — Thu, 03 Sep 2009 12:37:06 GMT

For former flight attendant Terry Williams, there is no doubt in her mind that the ventilation system used on the McDonnell Douglas MD-82 is defective, potentially exposing passengers and airline employees to dangerous toxic chemicals. Unfortunately for Ms. Williams, part of the proof is in the permanent side effects she lives with daily after being exposed to toxic chemicals that entered the cabin through a malfunction of the plane’s bleed air ventilation system.

In addition to recirculating cabin air, the MD-82 utilizes a system that bleeds off compressed air from the engines and after cooling, routes into the cabin. Through normal use, oil, hydraulic fluid and other contaminants can sometimes enter the compressor side of the engine, releasing toxic gases as they burn, which is then pumped back into the cabin. This gas contains toxic organophosphates known as TCPs (tricresyl phosphate), a chemical found in nerve agents, pesticides and insecticides which is known to cause dizziness, fatigue, respiratory diseases, bronchial spasms, and neurological impairments in cognitive functioning, headaches, speech impairments, and peripheral neuropathies, including uncontrolled tremors. At this time, no civilian commercial aircraft utilizing a bleed air ventilation system is currently equipped with any filtration, sensors or warning system to alert crews to contaminants in the air of the cabin or flight deck.

Studies Show Toxic Fume Events Occur Daily on Flights

As reported by CNN, studies on fume events show they are more common than one might think. A National Research Council report in 2002, using data from three Canadian airlines, said that on one aircraft model, nearly four out of 1,000 flights had a fume event.

The Committee on Toxicity in the United Kingdom, a group made up of independent experts who advise government agencies, said in September 2007 that pilots reported events in 1 percent of flights and that maintenance inspected and confirmed incidents in 0.05 percent of flights.

"These frequency estimates may all sound low, but consider that there were 10.65 million flights on U.S. registered aircraft in 2008. Even 0.05 percent of flights translates into about 14 events per day," said Judith Murawski, an industrial hygienist with the Association of Flight Attendants-CWA, who has studied the issue for more than nine years.

Public Justice Lawyers Representing Rights of Flight Attendant

Public Justice Foundation members Mike Withey and Alisa Brodkowitz filed suit against McDonnell Douglas and Boeing, the manufacturers of the MD-82 aircraft, in Washington state court on April 9, 2009. The suit alleges that McDonnell Douglas and Boeing designed, manufactured, and sold an aircraft that is defective under Washington law in the design of its environmental control system, bleed air system, air delivery system, filtration system, and ventilation system.

The defendants filed an answer on August 11, 2009. The answer generally denied any product defect but admitted that the industry has, “for decades,” been aware of “bleed air contamination” and that TCP is a toxic substance.

Originally posted at InjuryBoard by Brandon West

‘Plot Turnover’ in Famous Chicago Cemetery Leads to Felony Charges

Clayton Kent — Thu, 09 Jul 2009 20:12:48 GMT

At the Burr Oak Cemetery in the southern suburbs of Chicago, lay the remains of a number of prominent figures from the African-American Community. It is also the site where four cemetery workers were accused of digging up hundreds of graves and dumping the remains in order to resell the burial plots. The Burr Oak Cemetery office manager and three gravediggers were changed with dismembering a human body, a felony.

Members of the community showed up at the cemetery to check grave sites, which includes the final resting place of historical figures like blues singers Dinah Washington and Willie Dixon, former world heavyweight champion Ezzard Charles, and Emmett Till, whose brutal murder in 1955 catalyzed the civil rights movement.

Cook County Sheriff Tom Dart said it was not immediately clear whose plots had been dug up; an estimated 200-300 graves were desecrated. The scheme was estimated to have netted about $300,000 over the course of four years. Piles of bones and smashed gravestones from the dug-up graves were dumped in overgrown sections of the cemetery, Dart said.

For a full account, see the AP story.

Originally posted at InjuryBoard by Clayton Kent

Settlement Reached in Case of Michigan Body Dumped in Landfill

Clayton Kent — Mon, 22 Jun 2009 18:12:06 GMT

If losing a family member was not already traumatic enough, imagine the nightmare of having the body of your loved one disappear from the funeral home you have entrusted with the remains. Worse yet, what if the body was picked up by a waste hauler and then buried in the local landfill. For the Jordan family of Holland, Michigan, this movie-like nightmare became a reality in January 2006 when the body of Erwin Jordan was picked up from the Notier-VerLee-Langeland Funeral Home by waste hauler Priority Arrowaste. A suit brought by the family against both the funeral home and the waste hauler, was recently settled out of court for an undisclosed amount. While the details of the settlement are bound by a confidentiality agreement, the Jordan family attorney, Jules Olsman, described the settlement as satisfactory.

The Jordan family filed a lawsuit after Priority Arrowaste, who was collecting recyclables from a garage at Notier-VerLee-Langeland Funeral Home, accidently collected a white box in the process. The box, labeled “Jordan,” contained the remains of Mr. Jordan. His body was being stored in the garage for space reasons, which the funeral home would occasionally do in the winter months. Jordan’s body was being stored while waiting for the family’s authorization to have the body cremated.

The remains of Mr. Jordan were found missing the morning after they were picked up. After two days of searching at the Autumn Hills Landfill, police, with the help of cadaver dogs, failed to locate the remains of Mr. Jordan.

Businesses Argue Over Liability

The family sued both businesses, seeking more than $1 million in damages. The funeral home and waste hauler filed cross claims against each other, trying to shift the blame of the mishap. The court ruled that Arrowaste was excluded from liability to the family, but not from its contract with Notier-VerLee-Langeland. The main part of the argument was whether the white box containing Mr. Jordan’s remains was within a few inches of recyclables in the garage, as Arrowaste claimed, or on the opposite side of the garage, as the funeral home claimed.

The two companies and Jordan’s family reached a settlement through mediation. Regardless of the settlement, or who is actually at fault, Mr. Jordan's body remains in the Auburn Hills landfill.

The original article can be found in the Grand Rapids news.

Originally posted at InjuryBoard by Clayton Kent

Three Arrested In Nursing Home Deaths

Chrissie Cole — Fri, 20 Feb 2009 10:26:00 GMT

Three former nursing home managers have been arrested in the deaths of three residents who allegedly were given needless doses of medication including Zyprexa, Risperdal and others.

The state attorney general’s office launched an investigation after receiving a criminal complaint that 20 or more residents at a nursing home run by the Kern Valley Healthcare District were drugged for “staff convenience.” Many of them suffered side effects that included extreme weight loss, slurred speech, tremors and in some cases psychosis, according to the complaint.

Former medical director, Dr. Hoshang M. Pormir, former nursing director Gwen D. Hughes and former chief pharmacist Debbi C. Hayes are scheduled for arraignment this morning and have been jailed since Wednesday.

“They maliciously violated the trust of their patients by holding them down and forcibly administering medications if they so much as questioned their care,” state Atty. Gen. Jerry Brown said.

All three are charged with elder abuse. Hayes and Hughes are accused of administering shots by force, without consent and also face charges of assault with a deadly weapon.

The complaint paints a bleak picture of a facility dominated by nursing director Hughes, 55, who is accused of seeking to drug all but the most docile residents. Medical director Pormir, 48, allegedly rubber-stamped Hughes' orders for medication, failed to examine patients and was "either willfully or naively ignorant" of his proper role, according to the complaint. Pharmacist Hayes, 51, told investigators that she went along because Hughes had wide experience in psychiatric hospitals, the complaint says.

Originally posted at InjuryBoard by Chrissie Cole

Money Talks - Elder Abuse is not Always Physical

Clayton Kent — Mon, 17 Nov 2008 17:57:07 GMT

The less talked about side of elder abuse isn't related to physical abuse. Seniors can be an easy target for investors looking to pad their own bank accounts. Caregivers, utilizing their position of trust, can gain access to finances for their own personal gain. Dishonest acts like this are not a fallacy, but a stark reality for a number of North Bay residents. There is the ongoing saga with Gary Armitage and the now defunct AGA Financial, currently being investigated for fraud. A recent settlement that returned $2.1 million to an estate after uncovering a variety of financial schemes that transferred funds and property rights to caretakers.

Steps to Prevent Financial Elder Abuse

While there is no cure-all to stop financial abuse, there are steps that can be taken to help limit unnecessary risk to financial exploitation.

Document all financial arrangements. Get your instructions in writing - this will help protect you and limit future misunderstandings.
Understand Life-Long care agreements. Document the agreement and specify any compensation that will be paid to the caregiver.
Have someone review financial agreements. Have an attorney or financial consultant explain how changes in agreements will directly effect you.
Be cautious of joint bank accounts. Both parties are equal owners of the account and have equal access to funds. This can be an easy path for someone to access your money.
Understand any power of attorney agreement. Before assigning a power of attorney, make sure you understand the authority you are giving,and know the person you are giving the authority. If there is going to be any compensation, specify the amount in the agreement.
Ask for help. Financial matters can be confusing. Ask for clarification from trusted family sources, financial advisers, a social worker or other professional.
Stay connected to the community. Isolation increases the risk of becoming a victim of financial abuse. Find ways to participate within the community. The Sonoma County RSVP and San Francisco RSVP (Retired Senior Volunteer Programs) are great resources for volunteering opportunities.

These are just a few of the many steps you can take to protect yourself against financial abuse. While there is no magic formula to stop this type of exploitation, being educated and informed is the best defense to safeguard your assets.

For a more complete list of the above financial protection tips, please download the Project SAFE pamphlet.

For reporting suspected abuse, call California State Attorney General's toll-free hotline at: 1(888) 436-3600 or download the Adult Protective Services County Contact List.

Originally posted at InjuryBoard by Clayton Kent

Kaiser Arbitration Agreement Held Invalid

Clayton Kent — Fri, 23 May 2008 17:49:52 GMT

Earlier this year, the Third Appellate District of California held that the Kaiser mandatory arbitration agreement contained within its Enrollment Application/Change Form did not substantially comply with the requirements for a valid arbitration agreement under California law. This decision could have substantial impact on future medical malpractice cases against California Kaiser facilities. In the past, Kaiser has almost always been successful in forcing disputes to be handled in their own arbitration program, rather than in the courts. This decision, at least until Kaiser changes their forms, will seem to allow patients injured as a result of alleged medical malpractice to bring their claims before a judge and jury.

Originally posted at InjuryBoard by Clayton Kent

Funeral Directors Charged in Human Chop Shop Case

Clayton Kent — Tue, 09 Oct 2007 21:02:40 GMT

Three funeral directors in Philadelphia were charged last week with the illegal taking and selling of body parts. Bones, skin, tendons and spines were taken from bodies without the permission of the families, and most of the "donors" were not suitable due to their age, physical condition, or because of disease. Once the body parts were taken, the bodies were then sent for cremation. The Philadelphia Grand Jury issued the indictment in a 103 page report.

For them, nothing was beyond the pale - not stealing flesh and bones from the dead or lying to the bereaved, not forging and lying on thousands of documents, not putting the public's health at risk,

The three funeral directors were paid $1,000 for each body part, and are alleged to have sold them to a New Jersey company, Biomedical Tissue Services. This is not the first time the owner of that company has been in trouble for stealing and selling body parts. Gruesome as it sounds, this type of practice is not that far out of the ordinary in the funeral business. While the majority of funeral homes are legitimate and respect the dignity of the family and the decedent, many do not.

Originally posted at InjuryBoard by Clayton Kent

Even Barbie's Puppy Cannot Escape Lead Paint Recall

Clayton Kent — Wed, 05 Sep 2007 16:21:52 GMT

The Mattel toy recalls have now reached Barbie. Mattel voluntarily recalled more toys as a result of lead paint posing a dangerous threat to infants and small children. Barbie's own puppy has been recalled due to toxic levels of lead paint, as have many other product lines. This is now the third recall of Mattel toys, and it includes 675,000 Barbie accessories, but for now, Barbie herself is not involved. All of the toys involved in the recall were manufactured, at least in part, in China, and sold during 2006 and 2007. It is anticipated that the recalls will continue, and that other toy manufacturers will also follow Mattel's lead and issue recalls.

For more information on this subject matter, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Clayton Kent

Veterans Home to be Investigated Amidst Complaints of Elder Abuse

Clayton Kent — Tue, 04 Sep 2007 17:29:38 GMT

State Senator Pat Wiggins, D-Santa Rosa, has successfully called for an investigation of the California Veterans Home in Yountville as a result of a large number of complaints from residents and veteran residents of the facility. This investigation called for by the Senator is to focus on the medical care provided by the facility to the residents, including staffing issues. Many of the complaints include disabled veterans being left in their own urine and excrement for hours without any assistance, and a male resident dying after falling and breaking his femur and hip, which was not diagnosed for 10 days.

In response to the Senator's call for the investigation, the Deputy Administrator of the facility stated:

In a facility that's providing care for 1,060 veterans, and 360-some of those are in intermediate or skilled-nursing type of care, there are going to be some lapses in the service.

With respect to the staffing issues, the facility admits that they are short-handed.

If you don't have enough staff, then the veteran is going to have to wait - not that we want them to, and we try to make sure that they don't. Unfortunately, it happens. You can only work so fast and be in one place at one time.

Our veterans deserve better care. The facility's positions that "there are going to be some lapses" and "unfortunately, it happens," are not good enough for these mostly elder men and women who have served our country. I personally handled a matter against the Veterans Home in Yountville, where a resident who had been admitted to the hospital with a severe seizure disorder was allowed to merely walk out of his room at night, walk out of a door and onto a balcony, and fell 30 feet to his death. He was not discovered by the staff for several hours. Where was the staff then? It appears that this staffing issue has been around for many years, and, hopefully, Senator Wiggins will get the State Legislature to address this important issue.

For more information on this subject matter, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Clayton Kent