Archive for April, 2010

Parents and Professionals Alike Fail to Recognize the Warning Signs of “Huffing”

Friday, April 30th, 2010

huffing inhalants danger 300x282 Parents and Professionals Alike Fail to Recognize the Warning Signs of “Huffing”The Chicago personal injury attorneys at Passen Law Group are becoming increasingly concerned by the practice of huffing, and the apparent ignorance of this practice in the adult professionals charged with ensuring the safety of our children and teens.  “Huffing,” or the use of inhalants to get high, is one of the most popular drugs for teen users, and one of the most widely abused.  In fact, only the use of alcohol and marijuana exceed huffing in American teens.  Huffing is also among the more dangerous forms of drug abuse.  Huffing can and does cause permanent brain injury or death after only a single use.

Although there has not yet been a comprehensive study of the number of deaths from huffing, The National Inhalant Prevention Coalition, a group dedicated to educating the public about the dangers of huffing, receives about 150 calls a year from parents whose children have died.  In addition to these deaths, many teens who huff suffer lesser, but still serious, effects, including mild to severe brain injury.

Part of the danger of huffing is the ready availability of the inhalants – teens who might balk at the challenge or legal implications of obtaining marijuana or other illicit drugs do not have the same qualms about purchasing air freshener, spray paint, computer cleaner, shoe polish, gasoline, or propane.  Some teens even attempt to huff the chemicals used to foam whipped cream by releasing the chemical from the can.  Adding to the problem, teens who huff will usually not test positive on a drug test, as these tests only look for illegal substances, and cannot detect the misuse of legal substances.

This issue has been brought into focus in Chicago this week by the tragic death of Aaron Hunt, an area teenager.  Aaron died after huffing propane.  He was only 18, in his senior year at McHenry West High School.  He is described as a charming young man who played football and video games and dreamed of being a mechanic like his father.

In spite of the prevalence and dangers of huffing, many parents are oblivious to the practice and the risk, and the warning signs that their children may be using inhalants.  The National Inhalant Prevention Coalition notes that parents who talk to their kids about risky behavior, including drug use, often fail to warn their children about huffing.

Unfortunately, this oblivion also extends to the professionals tasked with preventing and treating drug abuse in the teen population.  Unless these professionals wake up to the dangers and signs of huffing, there will be more deaths and injuries.  Aaron Hunt himself, who had been caught smoking marijuana, was enrolled in counseling and drug education classes at the time of his death.  Yet these trained professionals failed to notice or respond to the classic warning signs of huffing.  Only an investigation can reveal whether these professionals’ mistake amounts to negligence in Hunt’s case, and thus whether this is a case of wrongful death.  But the failure to recognize warning signs in a child who was known to be at risk for drug abuse is shocking in the least.

Hunt’s parents reported that for several weeks before his death, they noticed several of these signs.  The teen was rapidly losing a great deal of weight, and seemed listless when he was normally vibrant.  Rapid weight loss and personality change are important warnings that should never be ignored.  Other warning signs include deteriorating memory, chemical smells on a child’s breath and chemicals in a child’s room or belongings.  It is tragic that the professionals tasked with ensuring Aaron’s safety ignored these signs.

Further, product manufacturers and distributors of products that are known to be misused in such a deadly way should include adequate warnings of such misuse.

In situations where professional ignorance amounts to negligence or product liability, an experienced Chicago wrongful death attorney can help the victim’s family members seek justice.  Sadly, at times only a lawsuit against some of its members can force an industry as a whole to sit up and take notice, and make the changes required to prevent further death and injury.

With studies showing that 8% of eighth graders and 6% of high school sophomores report having huffed in the past year, parents and professionals simply cannot afford to continue in their ignorance.  The personal injury lawyers at Passen Law Group urge counselors and educators of teens, particularly drug counselors, to wake up to the dangers and warning signs of huffing before further damage is done.  As Hunt’s father said, “People don’t need to die this way.”

For a free consultation with an experienced Chicago personal injury lawyer at Passen Law Group, call us at (312) 527-4500.

On Brain Injury Issues, NFL Puts its Money Where its Mouthguard Isn’t

Thursday, April 29th, 2010

nfl brain injury donation 300x216 On Brain Injury Issues, NFL Puts its Money Where its Mouthguard Isnt The Chicago personal injury attorneys of Passen Law Group were extremely heartened to see the news last Tuesday of the NFL’s generous donation to brain injury research.  The NFL recently announced a $1 million donation to the Center for the Study of Traumatic Encephalopathy at the Boston University School of Medicine.  Encephalopathy, which includes traumatic brain injury (TBI), can occur after repetitive blows to the head and concussion, as frequently occurs in sports, and in football players in particular.  The premier Chicago brain injury lawyers at Passen Law Group have considerable experience handling cases involving severe and permanent brain injury, including encephalomalacia.

While this donation is laudable, it does not go nearly far enough.  Despite public pressure, the NFL has still refused to mandate that its players wear concussion-grade helmets, or even double-sided mouthguards.  These mouthguards, which cost only around $8 each, are the one of the single best methods of preventing concussion and thus encephalopathy caused by repeated concussion.

While the players in the NFL are professionals and are free to choose whether to purchase and wear these items themselves or take the risk of injury, the fact remains that NFL requirements trickle down to college programs, high school programs, and even pee-wee leagues.  The participants in these programs are not professionals, and at lower levels often will not have the information and ability to make the safe choice if the NFL does not lead the way.

We at Passen Law Group encourage the NFL to follow up its generous donation by setting a positive example on brain injury safety — especially since children, who look up to professional football players, are most at risk of sustaining severe and permanent TBI.  In the meantime, children who suffer permanent brain injury due to the failure of their schools simple precautions, either inside our out of the athletics context, may have a cause of action.

For instance, Stephen M. Passen of Passen Law Group received a $19 million jury verdict, one of the Top 100 Jury Verdicts in the Nation, on behalf of a 9-year-old boy who sustained a catastrophic traumatic brain injury when a TV fell onto his head in an unsupervised private school classroom.  See Our Results for other significant verdicts or settlements involving brain damage.  If your child has suffered such an injury, a top-rated brain injury lawyer at Passen Law Group can help you to determine whether to file a claim.

For a free consultation with an experienced Chicago brain injury attorney at Passen Law Group, call us at (312) 527-4500.

Trucking Accident Cases Require an Experienced Attorney

Tuesday, April 27th, 2010

Chicago truck accident attorneys 300x201 Trucking Accident Cases Require an Experienced AttorneyMany people, including attorneys, do not fully understand what is required to prosecute and try a trucking accident case.  These cases, while sharing basic similarities with auto accident cases, are in fact a very different breed.  They require special knowledge of the trucking industry, the players involved, and the various state and federal laws and regulations at issue, because in fact there are many hurdles particular to only trucking cases.  The Chicago truck accident attorneys at Passen Law Group have handled many catastrophic trucking cases, and apply the collective experience they have developed to each and every trucking case they handle.

The very first hurdle in a trucking accident case is one of perception.  The attorneys representing truck drivers and trucking companies attempt, naturally, to color the perception of the judge and jury.  These attorneys will try to make the judge and jury believe that a truck accident is just another auto accident.  Experienced trucking accident lawyers, however, know that a truck accident — often involving tractor-trailer trucks weighing several tons and sometimes hauling dangerous material –  is qualitatively different from a typical auto accident, and know how to explain those differences to a judge and jury.

Many different types of issues are different in a trucking case.  First and foremost, there are many different laws which apply to trucking accident cases which simply do not apply in a basic auto accident case.  This includes the Federal Motor Carrier Safety Regulations (FMCSR), which aim to prevent accidents caused by things like driver fatigue and substance abuse.  These regulations are written as duties of the drivers, but under the law it is the duty of the trucking company to ensure that its drivers comply.  The FMCSR also set forth the procedures that must be followed when companies hire truck drivers, in an attempt to prevent accidents caused by negligent hiring.  The International Fuel Tax Agreement (IFTA) also often is at issue in trucking accident cases.  The IFTA requires detailed records of fuel receipts, which can help a knowledgeable truck accident lawyer reconstruct a driver’s history, and determine whether he was in fact complying with the FMCSR and getting the required amounts of rest.

Another unique challenge in trucking accident cases is that there is a unique vocabulary that does not apply anywhere else.  From the types of communications used to the regulatory terms and business terms of the industry, the language surrounding truck accident cases can sound foreign to an inexperienced attorney.  Our top Chicago truck accident attorneys, however, speak that language, and can help victims and jurors understand what is really at issue.

There are also procedural steps that are crucial in trucking accident cases, but which are not common in other types of injury and accident cases.  For example, it is very important to promptly obtain a protective order or TRO  (temporary restraining order) to have the truck responsible for the accident impounded.  The truck itself, as well as the accident scene, provide crucial evidence of who was at fault for the accident – and once that evidence is gone, it cannot be recreated.  In order to inspect the truck, however, an attorney will generally need permission from the police, who are conducting their own criminal investigation into the crash.  An experienced truck crash lawyer will seek an order from the court allowing him to inspect the truck, as well as the logs, data, and other documents in the truck, as soon as the police have completed their own inspection.

Another key distinction in trucking accident cases is the types of evidence available.  Automobiles do not have “black box” recorders – but, trucks do.  The data from a truck’s black box is crucial in a trucking case – and often must be obtained before the truck is moved in order to prevent data loss.  This data should be obtained with both sides present (i.e., a representative of the trucking company, as well as the victim’s attorney), so that the data cannot be questioned later, and perhaps barred from the case.  Moreover, driver’s logs must be promptly obtained to prevent their destruction – many trucking companies routinely destroy this information six months after it is logged.  Additionally, some evidence may still exist with a company’s tax department even after this destruction – but many companies will not search for and produce this information unless specifically directed to do so.  The experienced truck accident attorneys of Passen Law Group know how to obtain this and other evidence to ensure that victims have the best chance of recovery.

For a free consultation with an experienced Chicago personal injury lawyer at Passen Law Group, call us at (312) 527-4500.

Inaccurate Translations on Medical Labels: Pharmacy Malpractice

Monday, April 26th, 2010

pharmacy medical label malpractice 300x202 Inaccurate Translations on Medical Labels: Pharmacy MalpracticeA study released in the current issue of Pediatrics has brought to light an extremely dangerous form of medical malpractice facing a large portion of the U.S. population:  inaccurate translations on medicine labels provided to Spanish-speaking patients at pharmacies.  According to the study, incomplete translations and mistranslations occur at an alarming rate, even in areas where the Spanish-speaking population is large.  These errors, while at times innocuous, have the potential for disastrous consequences.  The personal injury lawyers of Passen Law Group are deeply concerned by this troubling news, and stand ready to take action on behalf of those seriously injured or killed by these medical errors.

The study examined prescription labels issued at pharmacies located in the Bronx, New York – an area with a large Spanish-speaking population.  There are 316 pharmacies in the study area, and 91% voluntarily participated in the study.  Of the participating pharmacies, 71% had a practice of providing medicine labels translated into Spanish for patients who spoke Spanish.  Interestingly, independent pharmacies were more likely to have a translation practice than larger pharmacies.  While 88% of independent pharmacies practiced Spanish translation, only 57% of hospital pharmacies did so, and a mere 32% of chain pharmacies provided translation.

There were three different methods of translation used by pharmacies participating in the study.  By far the most common method of translating medicine labels was the use of a computer program (with three programs representing 70% of the market) – 86% of translating pharmacies used this method.  An additional 11% used a lay staff member to translate the labels, and only 3% used a professional interpreter.

Unfortunately, the computer program generates abysmally poor and potentially dangerous translations.
When both incomplete translations and translation mistakes are considered, the translated Spanish labels had an error rate of 50%.

One of the more dangerous problems with these labels was incomplete translations.  Such phrases as “dropperfuls,” “apply topically,” “once a day,” “take with food,” and “for 7 days” were not translated into Spanish at all.  The implications for safety are profound.  First, and most obviously, if a Spanish-speaking patient does not understand any English, then he will be unable to understand the complete instructions on the label.  But the problem runs deeper.  When these English phrases are surrounded by Spanish, they may be misinterpreted as Spanish words, with frightening results.

For example, English speakers read “once” as meaning one time, so that the untranslated phrase “once a day” means one time per day.  But in Spanish, “once” means eleven.  A Spanish-speaking patient could thus misread the English phrase “once a day,” when surrounded by both English and Spanish words, as meaning eleven times per day.  It does not take much to imagine the consequences should a pharmacy patient take her medicine, or administer medicine to her children, 11 times a day instead of one.  It is not difficult to imagine even wrongful death resulting from such an error.

Other types of errors were also present.  Simple errors such as misspellings can also create confusing and dangerous labels.  The Spanish word “poca,” for example (which means “little”) was used in place of the Spanish word “boca” (which means “mouth”).  Although only one letter is in error, “by mouth” and “by little” have two very different meanings.

A 50% error rate in medical labeling is simply unacceptable, particularly with a population and a language which pharmacies are well aware that they will need to service.  It is not difficult to imagine the outcry that would follow if any pharmacy provided prescription medicine labels to English-speaking customers which contained errors half of the time – let alone if all pharmacies in a region did so.  Our Chicago medical malpractice  attorneys urge pharmacies who service Spanish-speaking patients to begin providing accurate, complete medicine labels to those patients.

For a free consultation with an experienced Chicago personal injury lawyer at Passen Law Group, call us at (312) 527-4500.

Railroad Company Knew of Crossing Malfunctions in Amtrak Crash

Wednesday, April 21st, 2010

Yesterday, our Chicago personal injury lawyers discuss the tragic train crash at a University Park railroad crossing on Friday evening, which killed Katie Lunn, a 28-year-old Chicago dance instructor who was driving home from a dance performance at nearby Governors State University.  According to a new Chicago Tribune report in which various anonymous investigators were interviewed, Canadian National (CN) Railway workers knew the railroad crossing gates and warning lights were malfunctioning, and were conducting a “test run” at the time of the accident. According to one investigator, “The CN crew came back specifically to test the crossing system with that northbound Amtrak train at about 9:30 pm.”

In other words, CN let the Amtrak train pass through the intersection at 78 miles per hour in peak vehicle traffic hour — and when the railroad gates and warning lights malfunctioned once again, a helpless Katie Lunn, stuck in traffic in her SUV in the middle of the railroad intersection, was struck and killed by the Amtrak train.  A CN technician who witnessed the accident even tried to run up to Ms. Lunn’s car to save her, but was too late.

Questions have soon turned to outrage at how the railroad company could have allowed this Amtrak train to run full speed through this intersection despite its knowledge that the grade-crossing protection system was not working properly.  The investigation seems to indicate that the railroad crossing warning system was inadvertently turned off by track maintenance crews installing a nearby interlocking system.

This story epitomizes the degree of negligent conduct, which too often results in catastrophic injury or wrongful death.  According to investigators, earlier that day the railroad company (knowing the crossing warning system was not working) instituted an order requiring trains to either stop short of the railroad crossing and await instructions from personnel holding flags, or reduce their speed to 15 mph through the intersection.   Either process likely would have prevented this crash from occurring.  However, railroad officials thought they had fixed the defective railroad crossing warning system, and lifted the order several hours before the accident.

As stated by one investigator, “Where was the fail-safe to prevent this tragedy?  That’s where the problem is.  [CN] didn’t do it right.”  And they should be held accountable for their careless or reckless conduct.

As for Amtrak, it is too early in the investigation to know whether it shares in responsibility for this accident.  The Tribune noted an important train technology that could prevent these sorts of accidents in the future.  “Positive train control” is installed on board locomotives and notifies the train’s engineer when vehicles are sitting on the tracks and when the railroad crossing system is not working.  The train would automatically stop the train in this type of situation.

Hopefully, the individuals and entities responsible for allowing this tragic accident to occur , which took the life of a promising young Chicago woman, will be held accountable in the civil justice system through a wrongful death lawsuit.

For a Free Consultation with a top Chicago train accident lawyer with Passen Law Group, call us at (312) 527-4500 or fill out a Free Case Evaluation.