Posts Tagged ‘Chicago Injury Lawyers’

New Airplane Passenger Protection Regulations

Tuesday, September 27th, 2011

airplane passenger regulations 300x225 New Airplane Passenger Protection RegulationsThe aviation crash attorneys of Passen Law Group are pleased to report that new DOT passenger protection regulations have now taken effect. These important rules, which were announced in April, provide additional rights to airline passengers in the United States.  Although the regulations do not impact airline safety — an area which clearly needs to be more fully addressed — they aim to make airline travel a little less burdensome for travelers.

The new regulations provide for the following:

  • A hard deadline of four hours of tarmac waiting for international flights departing from U.S. airports.
  • Extends the three-hour hard deadline for domestic flights to small-hub and non-hub airports, which were previously exempt from the waiting limits.
  • Requires airlines to refund any fee paid for a bag which does not reach its destination. Existing regulations also require airlines to compensate travelers for reasonable expenses associated with lost baggage, damaged baggage, or baggage which arrives on a later flight than its owner.
  • Increases the compensation  paid to passengers “bumped” from oversold flights — from up to $400 (an amount equal to the price of the ticket) to $1,300 for longer delays (an amount equal to four times the price of the ticket).
  • Mandates greater transparency in various airline fees, including baggage fees, meal fees, fees for canceling or changing reservations, or fees for reserving seats in advance or upgrading existing seats.

The regulations extend not only to domestic flights, but also to international flights operating out of U.S. airports. Most notably, this means that these flights, like domestic flights, are now subject to tarmac delay rules, and to fines and penalties if passengers are left sitting on the tarmac beyond the established allowable times.

The airplane law attorneys of Passen Law Group encourage all airline travelers to familiarize themselves with the new rules and regulations. If your airline violates any of these rules, speak up. If the problem is not corrected, you may wish to speak with an attorney to enforce your rights, and the rights of others.

To speak with one of Passen Law Group’s top-rated Chicago injury lawyers, call us at (312) 527-4500 or fill out a free case evaluation form on our website.

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The Dark Side of Oxycontin

Friday, June 17th, 2011

OxyContin Danger 282x300 The Dark Side of OxycontinOver the past decade, Oxycontin has become a staple in pain management; a go-to drug, which has helped many patients with severe acute or chronic pain.  But, as our Chicago injury attorneys point out, Oxycontin also has a dark side.

Many have long been aware of the potential for abuse of the drug, both by “drug seekers” who pretend to be suffering pain to obtain a prescription, and by those who obtain the drug illegally or on the black market, then crush the tablets and use the drug for a high.

But two new problems with Oxycontin have recently emerged: (1) increased health risks for long-term users; and (2) unintended consequences of a new formulation designed to prevent abuse.

First, two new studies published in the most recent edition of the Archives of Internal Medicine reveal that Oxycontin can have serious health consequences. First, there was a study which followed 6,300 patients taking one of five pain medicines (including Oxycontin) for chronic pain unrelated to cancer over a nine-year period. The results showed that patients who took Oxycontin and certain other opioids, rather than other drugs, were more likely to suffer certain health problems.  These included problems as diverse as heart attacks, fractured bones, and death, seeming to suggest that Oxycontin has a pervasive negative effect on overall health. Our pharmaceutical death lawyers are curious to see how the manufacturer will respond to this data, if at all.

Second, a study by Daniel Solomon and others looked at opioids such as Oxycontin versus non-steroidal anti-inflammatory drugs and coxibs when used in elderly patients suffering from arthritis. The study found that those patients treating their pain with opioids were more likely to fall, more likely to suffer a cardiovascular event such as a heart attack, more likely to be hospitalized, and more likely to die (from all causes).

The second concern to emerge in recent weeks regarding Oxycontin concerns the new formulation of the drug. Purdue Pharma, the drug’s manufacturer, announced the new formulation about nine months ago, but it is only now coming into patient’s hands. The reformulation, designed to stop abuse, makes it difficult or impossible to crush the pill – when an attempt to do so is, made, the pill does not turn to powder, but instead gelatinizes.

Unfortunately, this change has been a dangerous one for many patients. Indeed, an FDA MedWatch alert has already been issued, advising physicians that patients are suffering from dangerous consequences of the new formula, including choking, gagging, regurgitation, difficulty swallowing, and the tablets becoming lodged in a patient’s throat.

The alert states that these problems are “potentially due to the swelling and hydrogelling property of the tablet,” a conclusion which it does not take an expert to reach. Our Chicago injury attorneys wonder whether Purdue was aware of these dangers before launching the reformulation – whether the reformulation was properly tested, and whether any of the test subjects reported these results. If so – or if Purdue does not take action now that it is becoming aware of the problem, the company may be liable to patient-victims in a products liability or wrongful death action.

Patients are also reporting increased side effects from the new formulation, including upset stomach and other GI problems, as well as headaches.

And these problems are compounded by the fact that the drug now appears to be less effective. Physicians and patients are reporting that many sufferers now require a higher dose of Oycontin to keep chronic pain under control.  Physicians who are aware of the problem have been forced to increase patients’ dosages, or switch them to a different medication entirely, with the attendant transition problems. These physicians fear that colleagues who are unaware of the changed formulation or its results may turn away patients who are in pain, believing them to be “drug seekers” due to their sudden need for an increased dose.

We devoutly hope that all patients who were on the previous formulation of Oxycontin are able to work with knowledgeable physicians to continue effective pain management, and to ensure their safety, whatever drug they select.

For a free consultation with an experienced Illinois serious injury and wrongful death attorney at Passen Law Group, call us at (312) 527-4500.

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Food Safety Whistleblowers Now Protected

Thursday, April 14th, 2011

In light of the recent, and ongoing, spate of recalls of food products, many have been left wondering: “How could this happen?  How can contaminated food be allowed into stores and homes?  Was there no one to speak out?”

Our Chicago personal injury lawyers are well acquainted with how dangerous foods and products make their way into the stream of commerce, and into consumers’ homes. Government oversight, unfortunately, offers little to no protection – government agencies, from the Food and Drug Administration to the Consumer Product Safety Commission, are woefully underfunded and understaffed. Random and rare “spot checking” of safety and compliance with regulations simply has no chance of truly protecting against dangerous products.

That danger is compounded when those who have the ability to detect the problems at the source are too afraid of the consequences to themselves to speak out and warn the government and the public.  Workers who notice dangerous or unsanitary conditions in plants have a choice to make:  speak out, and protect nameless, faceless others from potential danger, or stay quiet and keep their jobs.  While we would all love to see workers choose to speak out, it is unsurprising that, faced with the loss of livelihood and the ability to support their families, many do not.

That’s why our products liability attorneys are so pleased with the new whistleblower provisions in the recently-passed Federal Food Safety and Modernization Act.  Most of the press surrounding this new legislation has focused on the Act’s provisions attempting to minimize the risk of foodborne illness (such as salmonella), streamlining food recalls, and easing the burden of tracing contamination outbreaks.  But we believe that the new whistleblower provisions of the Act will prove to be the most significant, and the most beneficial to public health and safety.

The new provisions apply to all workers at FDA-regulated food companies.  Under the Act, these workers cannot be fired, demoted, or even denied a raise or a promotion if they speak up about food safety violations. And the process set up for enforcing the Act’s whistleblower provisions are themselves protective (like many such employment laws):  workers need only prove that they made a complaint prior to the challenged actions by the company, and the burden then shifts to the employer to  demonstrate that it would have taken the action anyway.

Our injury and wrongful death attorneys are disappointed, however, at the limited scope of the Act’s whistleblower provisions.  Because the Act applies only to FDA-regulated companies, the critical meatpacking and poultry industries (among others) are left unprotected. The bill’s sponsors have indicated that they intend to introduce new legislation expanding the whistleblower protections to these areas.  We urge them to do so, and swiftly.  While some protection is better than none, we believe that whistleblower protection in all aspects of the American food supply chain is absolutely necessary and critical.

Those who doubt the need for such protections need only look as far as the case of Kenneth Kendrick, the Peanut Corp. of America worker who went public in 2009 with information about conditions at the company’s Texas plaint, including rat infestations and bird droppings in the peanut products.  It is worth noting that, even before the fatal salmonella outbreak emanating from the plant, Kendrick had emailed the FDA about these issues – and received no response, and triggered no corrective action.

As a result of his decision to speak out, Kendrick was fired from his subsequent employment at another FDA-regulated company.  Once a professional, Kendrick has since been unable to find work other than menial labor.  If the new Act had been in place, Kendrick would have been protected.

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

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