Alabama Injury Attorneys Blog

A total of 19 patients from six different hospitals across greater Alabama have been affected by a bacterial infection from contaminated IV bags. According to The Alabama Department of Public Heath, a total of nine patients have died from the bacteria infection known as serratia marcescens (a bacterial infection in the blood).

The Alabama hospitals with confirmed infections include Baptist Princeton, Baptist Prattville, Baptist Shelby, Cooper Green, Medical West and a Select Specialty Hospital in Birmingham. All 19 patients were receiving intravenous nutritional supplements that had been contaminated with the deadly bacteria. All contaminated IV bags in Alabama came from one pharmacy, Meds IV, a compounding pharmacy based in Birmingham.

All Alabama patients were receiving total parenteral nutrition (TPN), a nutritional solution fed to patients by injection. The IV supplement consisted of different nutrients, including electrolytes, was pre-mixed at the pharmacy before being delivered daily to nearby hospitals. Once it is received at the hospital, the product is supposed to be sterile. It is then administered intravenously (IV) directly into the patients blood stream. From there, bacteria can grow rapidly thriving on the moist, wet environment.

Serratia marcescens bacteria are quite common and grow in moist places before settling in the patients' urinary and respiratory tracts. If detected early, the deadly bacterium is easily treated. Symptoms of patients affected with serratia marcescens included fever, chills, shock and respiratory distress.

Meds IV issued a recall of the contaminated IV bags in Alabama on March 24, 2011.

The Alabama Department of Public Heath and Centers for Disease Control and Preventions are working in conjunction with one another to investigate the Alabama deaths.

Continue reading "Contaminated IV Bags in Alabama Lead to Nine Deaths " »

A Pittsburgh couple has filed a Wrongful Death Lawsuit after a drunk driving accident killed their 7-year-old daughter, Lexa Cleland. Nicole and Mark Cleland are suing Hofbrauhaus Pittsburg, a South Side bar, and the drunk driver, Travis Isiminger for his negligent actions that lead to their daughter's death.

On December 4th, Isiminger left the South Side bar visibly intoxicated and caused a head on collision that killed 7-year-old, Lexa. Isiminger allegedly vomited before leaving the bar and has been jailed for a third degree murder charge. According to local police, Isiminger was more than twice the legal limit when he crashed head-on into the car Nicole Cleland was driving.

Continue reading "Drunk Driving Crash Kills Child, Wrongful Death Lawsuit Filed " »

We have often heard of the phrase "Nanny Cams" or Nanny Cameras, which are used to watch nannies care for children and infants. Known to some as "spy cameras," a nanny camera allows the viewer the opportunity to monitor and record the activities of their nanny/caregiver. Completely legal, however considered invasive by some, Nanny Cams or Nanny Cameras may be the future to prevent child abuse and nursing home abuse.

Gloria Diaz of North Bergen kept finding unexplained bruises on her 87-year-old mother, Modesta Alvarado, a resident of The Harborage Nursing Home. After repeatedly questioning the nursing home and calls to state officials about the unexplained bruises, Diaz and her family decided to take matters into their own hands. They placed a small hidden video camera called a "nanny cam" in her room at The Harborage Nursing Home. What they found was disturbing and horrifying footage on their nanny cam.

Modesta Alvarado died on Januray 16th at The Harborage Nursing Home in New Jersey. Several days after the death of the 87-year-old patient, Diaz "started looking at the video [from the nanny cam] and that's when she started finding out" that her mother had been a victim of nursing home abuse. Alvarado's caregiver at The Harborage Nursing Home, Julia Galvan, 59, had been repeatedly assaulting, abandoning and neglecting the elderly patient and it was all caught on video tape.

Galvan, the caregiver, was repeatedly caught removing the victim's oxygen mask without authorization and striking the victim on several occasions. Galvan has not been charged with Alvarado's death but has been fired from the nursing home facility.

Alvarado, who was paralyzed after having a stroke seven years ago, had been a resident of The Harborage Nursing Home for sometime. Initially living with her daughter, Diaz felt she was unable to properly care for me mother after the stroke, and placed her in a nursing home where she thought she would be looked after and properly cared for.

After discovering the footage of the repeated nursing home abuse her mother endured, Diaz and the personal injury attorneys representing her held a press conference earlier this week announcing their intent to sue the nursing home. Since the allegations of abuse were caught on tape by the nanny cam, Diaz and her attorney announced a lawsuit would be filed within 30 days.

Continue reading "Nursing Home Abuse Caught on Tape with "Nanny Cam"" »

A Japanese Family is suing two travel companies after the wrongful death of their son, 20-year-old Hiroki Hayase, who was killed in a fatal bus accident on August 9, 2010.
Hiroki was one of three tourists killed in the fatal bus accident last year near Bryce Canyon National Park that left eleven passengers injured. The parents of the 20-year-old, Hideo and Akemi Hayase, along with their 14-year-old daughter, Mariko, were injured when their tour van rolled onto Instate 15.

The wrongful death lawsuit is seeking damages based against the bus driver, Yasushi Mikuni, who fell asleep at the wheel, and two Utah travel companies, Canyon Transportation and Western Leisure. The lawsuit alleges the companies hired an inexperienced driver with less than two months experience who was fatigued and compensating for the fatigue by consuming energy drinks and caffeine gum.

The wrongful death lawsuit also claims the travel company did not carry the required commercial liability insurance. The suit also names a third travel agency based in Japan for failing to ensure the Utah companies were properly insured.

Continue reading "Family Sues Travel Companies for Fatal Bus Crash" »

According to the Alabama Fire Marshall's office, Alabama fire-related accidents increased 43.5% from 2009 to 2010. There were 122 reported deaths across the State of Alabama from fire related accidents. In 2009, Alabama reported 85 fire-related deaths and reported an all time low in 2008 with 73 fire-related deaths.

The factors associated with the increased number of fire-related deaths are unknown. Alabama Fire Marshall Ed Paulk said the deaths are likely due to the harsh winter we have experienced. In 2010, Alabama experienced record low temperatures which probably contributed to the high death toll. People misusing cook stoves and space heaters to heat homes probably led to the increased fatality rate.

According to Paulk, "The Southeast always ranks high [in fire-related deaths]. I can't really tell you why that is either. There are a number of factors that come into play."

Most fire-related accidents in Birmingham stem from misuse of space heaters, cooking fires/stoves and smoking. However, alcohol normally plays a role in Alabama fire deaths. In a report issued by the United States Fire Administration, half of the fire-related deaths in Alabama between 1992 and 1997 tested positive for alcohol.

Already Jefferson County has experienced three confirmed fire-related fatalities in 2011. The first confirmed death from a fire was January 11th where a homeless man had inhabited a vacant Birmingham home. Several days later an elderly Bessemer man died in a house fire after his gas space heater sparked.

Paulk said fire officials are trying to spread the word on fire safety and accident prevention.

Here are some tips to keep your family safe:

• Keep all flammable products (matches, lighters, candles, etc.) away from children
• Utilize smoke detectors in your home
• Regularly maintain your heating equipment
• Do not burn open logs in a fireplace without a fireplace screen
• Have a fire escape plan for each room of the house
• Smoke and heat rise, so remember to stay low and crawl out of the house
• Never open a door without first feeling if it's hot. A hot door indicates fire on the other side

Continue reading "Alabama Fire-Related Deaths Up 43.5%" »

The tiny town of Libby, Montana has become the deadliest Superfund site (a hazardous waste site placed on the U.S. Environmental Protection Agency's National Priority List) in the nation's history. The tiny town of 3,000 people is home to the now bankrupt W.R. Grace & Co which has killed over 400 people from asbestos poisoning. Another 2,000 people have shown signs of asbestos sickness with scarring in the lungs.

The asbestos lawsuit filed in 2009 on behalf of more than 1,100 victims of asbestos poisoning is reaching the end of a $43 million settlement agreement. The asbestos lawsuit alleged that Montana health officials failed to worn coal miners of the deadly hazards that a vermiculite mine posed to its workers. The vermiculite mine in Libby was the source of over 70% of all vermiculite sold in the US from 1919-1990. Through the decades of exposure to asbestos, hundreds of people have died.

State officials in the 1950's became aware of the health risks the vermiculite mine posed on it workers but failed to share those findings. In 2004, the Montana Supreme Court ruled that the state should have warned workers of the health hazards associated with mining in Libby.

According to The Associated Press, 1,125 of the victims are considering a deal of payments ranging from $21,500 to $60,700 depending on the severity of the case.

Since the mine's closing in 1999, over $300 million has been spent on clean up efforts in Libby. Clean up efforts will continue to go on for years. Not only were the workers in direct contact affected by the vermiculite dust, but their family members were as well. Workers and their families would breathe in the dust brought home on their clothes.

Continue reading "Asbestos Victims Nearing a $43 Million Settlement" »

Forty-six year old Deanna Lee Mann was tragically killed yesterday when her Mustang veered into a turn lane and ran up underneath a delivery truck. Authorities report that Mann was traveling eastbound on Hwy 280 when she swerved to avoid hitting a car that had stopped in front of her.

According to the Jefferson County Coroner's office, Mann was taken to nearby UAB hospital and pronounced dead at 8:41 a.m.

Our thoughts and prayers go out to this family for her tragic and untimely death.

Nursing Home Abuse and Neglect Cases can be extremely difficult and challenging to endure. When you place a loved one in a nursing home, you expect that loved one to be cared for and looked after by professional health care providers. Sadly, however, this is not the case. In 2007, federal inspectors received over 31,000 complaints against nursing homes nationwide with about one fifth of those involving some form of abuse. In 2008, federal investigators found over 90% of the country's nursing homes in violation of federal health and safety standards.

If you suspect a loved one is a victim of nursing home abuse it is important to learn the signs of abuse and how report it:

• If you find unexplained injuries such as bruises, cuts, bedsores and burns, sudden personality changes in the elderly patient, over-medicated state or notice extreme financial changes you should suspect nursing home abuse.

• Before choosing a nursing home watch how the nursing home interacts with both patients and staff. Research the facility to note any legal issues and their history of violations to determine any trends in nursing home abuse.

• If you suspect abuse or neglect in the nursing home and/or if you have proof of abuse, file a complaint with the administrator. If the complaint is not investigated or not taken seriously, contact the Alabama Attorney General's Office to file a report and contact an attorney at Farris, Riley & Pitt that handles nursing home abuse cases.