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• FDA Issues Second Warning Against Medical Device Maker OST Medical
  The Food and Drug Administration has once again warmed OST Medical, Inc., about their Sentinel enteral feeding pump devices. The devices have not been recalled, but the device manufacturer must begin following federal medical device regulations.
• Hampton Roads Named Worst VA City For Car Accidents
  Although car fatality rates have been moving steadily downward, Hampton Roads, Virginia, is still rated the worst city in VA for car accidents and car accident deaths according to a new report.
• Weather Causes Big Rig Jackknifing Accident In Rural Retreat, Kills 2
  A man and his son were killed afters stopping to help another car accident victim on the side of I-81 in Virginia. Police say that poor, snowy weather conditions caused both of the VA car accidents.
• Virginia Men: Beware Herbal Aphrodisiacs On Valentine’s Day
  The FDA is warning men against herbal supplements that are not regulated and approved for use. Many of these supplements contain dangerous ingredients that could cause side effects or be deadly when combined with other drugs.
• Bristol, Virginia, Drag Race Ends In Tragic Fatality
  Two teen drag racers are allegedly responsible for the death of a Bristol woman. The driver of the car that was involved in the collision is being held by police - his car was going approximately 120 miles per hour at the time of the fatal VA car accident.
• Group Calls For Fibromyalgia Drug Savella Recall
  Consumer advocacy group Public Citizen is asking the FDA to recall a drug used to treat fibromyalgia. The group states that the drug can cause high blood pressure and suicide risk and that the drug has not been proven to relieve fibromyalgia symptoms.
• Defective GlucoPro Insulin Syringes Recalled By FDA
  Nipro Medical Corporation has issued a recall of GlucoPro Insulin Syringes after they discovered that the needs could break off and potentially injure a patient. The recall is directed at diabetics as well as health professionals.
• Johnson & Johnson Under Fire From FDA After Massive OTC Drug Recall
  Johnson & Johnson has issued a major recall of many of their most popular over-the-counter drugs after they say a chemical in shipping pallets contaminated the medication. Both the FDA and the wooden pallet industry are concerned about how the recall came about.
• Virginia Mom Sues Alcohol Suppliers In Daughter’s Wrongful Death Case
  A mother is suing seven different people for wrongful death after her daughter died of drowning while drunk. The seven people all either bought, condoned, or transported alcohol on the night of the young woman's death.
• Sunset Publishing Recalls Do-It-Yourself Books Due To Dangers
  A home improvement book publisher has recalled a number of its popular titles with the help of the US CPSC after discovering that a number of its books could lead to electric shock or fires. Over one million do-it-yourself books have been recalled.
• Virginia Worker Suffers Serious Burns At Roanoke Water Plant
  A worker suffered severe burns while on the job at the Roanoke Regional Water Pollution Control Plant in Southeast Roanoke on Sunday. He was treated for his flash burns, which were the result of touching a electrical panel.
• CPSC Says Faddish Zhu Zhu Pet Toys Are Safe Despite Rumors
  This year's holiday fad, Zhu Zhu hamsters, are facing controversy after a blog of safety advocates, GoodGuide, said that one of the toys was dangerous for children. The CPSC says that the toys are not defective.
• 10 Million Cans Of Potentially Tainted Cans Of Slim Fast Recalled
  Those who drink diet canned meals may have a reason to worry about their health - SlimFast has recalled 10 million cans of their product because of a possible bacteria contamination that could lead to food poisoning.
• Virginia Supreme Court Reinstates Wrongful Death Car Accident Lawsuit
  Who is responsible for the death of a 14-year-old girl: the boy who was driving the car that crashed, or the adults who allowed her to get into the car to begin with? Virginia judges struggle with this wrongful death case.
• FDA Continues To Stall New Safety Measures After Vioxx Scandal
  The Government Accountability Office (GAO) has released a report that outlines the changes that the FDA still needs to make in order to make improvements promised in the months following the Vioxx scandal.
• Virginia Woman Hit By Car Bringing Flowers To Dead Granddaughter’s Memorial
  A double tragedy struck Henrico, Virginia, this week as the grandmother of a woman killed on Springfield Road was struck by a car while she was trying to place flowers at the car accident victim's roadside memorial.
• Virginia Motorcycle Accidents Plague Police In November
  November has been a bad month for motorcycle riders - with three different serious motorcycle accidents taking place in Virginia over a single weekend. Learn the details of these VA motorcycle accidents
• USA Today: Prevent Car Accidents -- Pull Over To Multitask
  With the advent of mobile devices and cell phones, the rate of car accidents caused by driving distractions has increased significantly. The best solution for preventing driver distraction car accidents? Pull over.
• Teen Boy Killed In Tragic Wood Chipper Accident In Poquoson VA
  An under-aged worker was killed in a tragic wood chipper accident in Poquoson, Virginia, this week. The fatal on-the-job accident will be investigated by the Occupational Safety and Health Administration.
• Stork Craft Announces Largest Crib Recall Ever – Dangers of Dropdown Cribs
  Stork Craft Manufacturing has just announced the largest crib recall in history for all of its dropdown cribs - over two million in the United States and Canada. Those who own the cribs are urged to order a free repair kit.
• October Dangerous Product Recall News
  Three important recalls this month that you and your family should know about, including Coby Electronics rechargeable batteries, Simplicity Bassinets, and Sony VAIO computer AC adapters.
• Bicyclist Death Could Lead To Chesapeake VA Road Improvements
  After a man was struck and killed by a drunk driver in Chesapeake in August, city officials are mulling over making the street safer and the speed limit slower.
• Medical Device Fraud Shakes Up Biotech Industry
  A Biotech company has been accused of illegally marketing one of its products - a bone growth putty. The fraudulent marketing led to a number of injured patients as well as a grand jury indictment of the company's top executives.
• FDA To Examine Safety Of Spinal Implant Devices
  The Food and Drug Administration is asking medical device companies to do further studies of their flexible spinal fusion products - products that were tested briefly by the FDA but that could have defects that affect the health of patients.
• VA Man Dies In Construction Site Crane Accident On Smith Mountain Lake
  A construction worker in Virginia died after a 50-foot fall into Smith Mountain Lake this week. Investigators are looking into the cause of the fatal Virginia construction accident involving a crane, barge, and tugboat.
• Federal Government Settles Naval Center Medial Malpractice Suit
  A woman who died during a simple boil removal surgery at the Naval Medical Center was the subject of a $450,000 medical malpractice lawsuit that was brought to federal court by her retired naval officer husband and her four foster children.
• FDA Makes Costly Mistakes In Rushed Knee Device Menaflex
  The FDA admitted this week to approving a knee surgery device, Menaflex, without going through the proper reviews and processes. They rushed the approval for political reasons. The FDA says it has no plans to recall the knee medical devices.
• New Survey: Majority Of Virginia Drivers Are Distracted
  A new survey done of Virginia beltway drivers may surprise you: over half of Beltway drivers talk on their cell phone while driving and one in four read text messages. These survey results are being met with a new campaign by Beltway police officers.
• VA Mother And Daughter Killed In Train Crash
  An elderly Virginia woman ignored the warning signs of an oncoming train, dodged the lowering railroad crossing arms, and drove onto the tracks, killing herself and her daughter. The accident is under investigation.
• Recent Product Recalls In Virginia
  This article covers three different important product recalls that may affect consumers living in Virginia. This month, we cover defective hammocks, dangerous bunk beds, and torch fuel container replacements.
• CBS Investigation Finds Yamaha’s Rhino Off-Road Vehicle Dangerous And Deadly
  Fifty-nine deaths and hundreds of injuries since its debut in 2002, Yamaha's Rhino sports vehicle is racking up hundreds of personal injury cases.
• FDA To Switch To Electronic Adverse Medical Device Reports
  After wasting resources - and sacrificing accuracy - on an all-paper system, the FDA is switching to an electronic adverse event reporting system for defective medical devices.
• King George County Motorcycle Accident Kills One In Virginia
  When a king George County Motorcyclist lost control of his bike, he collided with an SUV and died of his motorcycle accident injuries. The motorbike accident took place on Route 218 in Virginia.
• FDA Adds Black Box Warnings To Some Arthritis Drugs
  After a study of over two dozen children who were diagnosed with cancer following treatment for arthritis, the FDA has added a black box warning to a number of prescription arthritis drugs.
• Newport News Woman Wins $1.8 Million Medical Malpractice Case
  A woman who was misdiagnosed several times at a Newport News hospital has received $1.8 million in damages following a heart transplant. Leslie Thorne's rare heart condition was thought to be a virus, bronchitis, and hepatitis.
• Honda Recalls 440,000 Cars With Defective Airbags
  Honda continues to recall more of some of its most popular models after six different incidents have shed light on a potentially deadly airbag defect in hundreds of thousands of its cars.
• Virginia Police Chief Involved In DUI Car Accident Resigns
  The Alexandria Police Chief has resigned after causing a car accident while under the influence of alcohol. David Baker ran into another car on a ramp off of I-66 after spending the evening drinking.
• Rockbridge Judge Rules Against Father In Virginia Drowning Death
  After a boy drowned near a dam in a Lexington river, many questioned whether or not the Virginia city did enough to keep those using the river safe. Now, a judge has ruled against the boy's father's Virginia wrongful death claim.
• Experts to Lawmakers: FDA Needs Better Oversight Of Medical Devices
  At a recent Washington, DC, hearing, government officials and medical device experts gathered to discuss how the FDA could better handle dangerous and defective medical devices and medical device recalls.
• FDA Releases Suicide Warning For Anti-Smoking Drugs
  Two anti-smoking drugs have been linked to serious mental health issues and over 30 suicides and suicide attempts. Now the FDA is taking action.
• Virginia Texting Ban To Take Effect July 1 – $20 Fines For Texting Or Emailing
  Following the lead of a number of other states, Viringia will officially ban texting while driving and emailing while driving on July 1.
• FDA Seizes Dangerous Prescription Drugs From Caraco Pharmaceutical Laboratories
  The FDA raided a prescription drug factory today and seized 33 different generic drugs that may be harmful to the public. The drug raid may also create a shortage of at least one pain medication.
• Harrisonburg Cyclist Killed While Riding On North Valley Pike
  A cyclist was struck and killed by a minivan on Tuesday outside of Harrisonburg, VA. Virginia Police say that the biker was riding at night without reflective gear or a helmet.
• Drunk, Wrong Way Driver Strikes State Trooper In Virginia Beach
  A drunk driver entered I-264 in the wrong direction and caused two hit-and-run accidents before being caught by police in Virginia Beach.
• Parents Sue Virginia Military Academy For Son’s Deadly Fall
  After their son was killed in a dorm room fall, a couple has filed a wrongful death lawsuit with the military academy he attended.
• Virginia Beach Votes To Ban Defective Chinese Drywall
  After growing concern that defective Chinese drywall could be causing Americans health problems, both Virginia Beach and Norfolk have decided to ban the materials in separate city council meetings.
• Virginia Supreme Court Decision Could Change Future Wrongful Death Cases
  After a decision by the Virginia Supreme Court regarding a personal injury case and a wrongful death case, Virginia courts may treat medical malpractice victims more fairly.
• Memorial Day Boating Accidents Leave Two Injured Near Smith Mountain Lake
  Memorial Day weekend means fun outdoors with friends and family - but it also leads to boat accidents and boat accident injuries.
• FDA: Stop Using Hydroxycut – It Could Be Dangerous
  After 23 people suffered heart and liver complications related to Hydroycut supplement use, the FDA issued a warning to all users of the weightloss drug.
• Virginia State Police: Memorial Day Fatalities Down On VA Roads
  After a deadly 2008 Memorial Day weekend, Virginia State Police reported that the roads were much safer this year, with three fatal car crashes occurring across VA over the long weekend.
• One Missing, One Dead In Virginia Beach Boat Accident
  After a boat capsized off the Virginia Beach Coast, two fisherman struggled for survival. One suffered serious injury while the other died in the boat accident.
• April 29 Is Distracted Driving Awareness Day In Virginia
  Driving distraction are responsible for the vast majority of car accidents - Virginia Driver Distraction Awareness Day will hopefully help Virginia residents to remember to stay alert at the wheel and prevent car accident injuries.
• VA Delayed Breast Cancer Diagnosis Leads To $7.5 Million Medical Malpractice Award
  A jury awarded a cancer victim with $7.5 after her doctor missed her breast cancer diagnosis. Although the woman died last year, her family pursued the medical malpractice suit.
• Arlington Woman Awarded $3.2 Million After Ikea Accident
  A woman was injured in a store when merchandise fell onto her while she was shopping. She received $3.2 million from a jury for pain and suffering, medical bills, and lost wages.
• Hampton University Track Team Involved In I-64 Crash, 15 Injured
  A van carrying members of the Hampton University track team was involved in a six-vehicle chain reaction crash this week. No one was seriously injured in the wreck, which was caused by a delivery truck.
• Details Revealed About Virginia Drug Maker Wrongful Death Settlements
  after injected with a dangerous drug, four Virginia heart patients died either during or after their cardiac surgery. Their families settled their wrongful death cases with the drug maker for $5.5 million.
• Culpeper County Collision Kills Four, Involved Alcohol
  Four young people were killed after a head-on collision on Route 3 that Virginia State Police say involved alcohol. The investigation is ongoing, and no charges have been made as of yet.
• Democrats Move To Overturn Medical Device Immunity For Manufacturers
• Driving Simulator In Norfolk Teaches Kids About Cell Phone Distractions
  Teens learned an important lesson about driving distractions when they were asked to send texts and talk on the phone while on a driving simulator.
• Six Giles County Firefighters Injured During Truck Crash
  During a training session, the driver of a Pearisburg firetruck lost control and slammed into a tree. The vehicle rolled several times, injuring all six passengers.
• Fatal Staunton, Virginia, Car Accident Ends In Manslaughter Charge
  After a Virginia man drank, slept three hours, and attempted to drive to work, he fell asleep at the wheel and hit a woman head-on. He has now been found guilty of involuntary manslaughter.
• Bill to Ban Texting While Driving In Virginia Moves Forward
  Lawmakers in Virginia have taken another step toward making texting while driving illegal. The bill will now move to the Virginia Senate.
• Virginia Department of Agriculture Grapples With Peanut Product Recall
  In the wake of the peanut salmonella outbreak, the Virginia peanut industry is struggling to reestablish itself in the minds of consumers.
• Girl Dies In Bridgewater, Virginia, House Fire – A Second Victim Is Severely Burned
  A fire with an unknown cause has been ruled accidental. The house fire killed a teenaged girl and left her boyfriend severely burned.
• Virginia Asthma Patients Struggle With Ineffective New HFA Inhalers
  Complaints are pouring into the FDA concerning the new HFA asthma inhalers, which patients across the country are finding difficult and dangerous to use.
• 5 patients died on his watch. Now his license is on the line.
• Anatomy of accident reconstruction
• Police: Truck was speeding before fatal N.C. crash
• Jet-crash survivors taking Norfolk company to court
• Beach police identify N.C. man killed in Monday crash
• Seven-month-old boy dies after Suffolk car crash
• Had a little too much? They'll get you and your car home
• Sisters are in critical condition after crash
• 78-year-old woman killed in car crash
• Woman dies after crash in Virginia Beach
• Speed caused crash that killed Green Run students
• Woman run over and killed by her own car in accident
• Don't drink, text and drive
• Woman Cut Out Of Car And Airlifted To Hospital After Accident
• Norfolk police identify man killed in crash with mail truck
• Tragic cases bring scrutiny of midwife-attended home births
• Two pedestrians hit by car may face charges
• Man killed in motorcycle crash in Campbell Co.
• Norfolk man faces charges after hit- and- run accident
• Pilot employee killed, woman injured in Virginia Beach crash
• Crashes are fatal to eight people in Virginia
• Bus crash in Norfolk sends four to hospital; one driver said seriously hurt
• Beach woman dies in trike accident
• Jeffrey Breit Honored by Law School for Outstanding Service
  Jeffrey Breit Receives William & Mary's St. George Tucker Adjunct Professorship Award
• FDA Posts Quarterly List Of Questionable Drugs
• Did Medtronic Promote Dangerous Off-Label Use of Infuse Bone Graft?
• U.Va. Law Professor's Early Offers Program Would Improve Tort System
• Truck's crash forces closure of I-81 lane
• Route 460 crash claims life
• Car Plows Into Big Top Flea Market: See The Raw Video
• Man pushing car, hit and killed
• Norfolk Southern train involved in fatal accident promotes rail safety
• Beach Police investigate motorcycle accident
• Five are killed in crashes on Virginia roads since Thursday
• Canadian Family Suffers in Virginia Truck Accident
• Mike Imprevento Sets ECTA Land Speed Record on 2005 Harley Davidson Electra Glide
  Yes, Mike Imprevento actually rides motorcycles and took it to the next level by bringing his modified Harley Davidson to Maxton, NC on June 27-28, 2008 to run the Maxton Mile. ECTA technical staff classified his street legal bagger in the Modified Production Streamlined Pushrod Gas 3000/4 Class and Mike broke the existing record on June 28 by running 129.47mph from a standing stop to the timing lights one mile down the track. This record was also set on his initial licensing run for his Category D ECTA license, so it made the run especially exciting. Mike’s passion for motorcycles and the sport spills over into his representation of clients who ride and are injured as the result of someone’s carelessness. He’ll be back at Maxton in September and hopes to uphold the record and improve on it. Mike hopes that more riders who take the time to modify their bikes for such events will come and run. This represents a good way to run all out safely and legally. Listen to Mike on his radio show “Motorcycle Mania” which airs on 850AM WTAR in Norfolk, VA from 11am to 1pm every Sunday.
• 82-year-old driver dies in 80 mph collision on I-264
• Man in critical condition after Norfolk accident
• Norfolk police investigate fatal accident
• Navy offers training for its motorcyclists
• Va. Beach police officers undergo DUI training
• Beach police search for hit and run driver
• Route 460 wrecks close highway
• Boy Scout families settle crash suits
• Norfolk Cyclist hit by car dies of injuries
• Car hits Dick's Sporting Goods store in Virginia Beach
• Train in Crimora hits man's truck
• Crashes on state roads are fatal to 4
• Man convicted in crash that killed a Virginia Beach police officer
• Virginia Beach Surgeon With Bad Record Ends Up in Kansas
• Newport News motorist, struck outside disabled vehicle, dies
• Accident kills three people on Interstate 77 in Carroll County
• Rain causes fatal accident on Eastern Shore
• SC Firm Sues Railroad for $420 Million
• Single-vehicle crashes kill 5 during weekend in Virginia
• Virginian Dies During Florida Bike Week
• The Problem with Jarvik's Prescription
• Teen Presciption Drug Abuse on the Rise
  Prescription drug abuse among teens is bringing about the country's next cultural change and Polk County is no exception to the trend, drug expert Robert Stutman told about 100 parents and community members Monday.
• Man, woman sought in 2007 fatal beating
• Congestion on Interstate 81 projected to increase
• Virginia Firm Recalls Chicken Products due to Undeclared Allergen
• Cordis Corporation Announces Recall of Balloon Catheters
• Breit, Drescher & Imprevento gets $7.5 million for teen hit by city truck
  Breit, Drescher & Imprevento gets $7.5 million for teen hit by city truck.
• Police: Speed was factor in fatal car crash
• Suffolk man identified as accident victim
• Virginia Wants To Ban 'Driving While Texting'
• Justices to Hear Cases on Product Liability
• Medical malpractice exemption weighed for charitable care
• Couple recovering after crash on bridge
• Accident in Norfolk leaves one dead
• 5-car accident in Virginia Beach involved school bus
• Norfolk Truck Driver DUI Crashes Tractor Trailer
• Police take charge to keep drivers safe
• Smith & Nephew recalls 575 artificial knees that might run out
• Witness: Trooper was speeding along I-64 shoulder before crash
• Quaids' twins overmedication not an isolated case
• Man pleads guilty in deadly Beach crash
• Port releases name of Norfolk man killed in accident
• Man killed after being struck by car while crossing street
• Three children injured in crash on Witchduck Rd. in Beach
• Baby seats recalled due to head injuries
• Navy couple on Guam sue for $25M
• Critics: ConAgra Mishandled Recall
• Trucks haul tons of munitions on area roads. What are the risks?
• Car strikes pedestrian in Norfolk
• Malpractice Information Available To Public Often Incomplete
• Navy man killed in head-on motorcycle crash
• State police identify seven crash victims
• Still no word on what caused a three car crash in Pungo
• Richmond man dies after crash in Henrico
• Mattel shifts into crisis mode after quality problems
• YouTube Video Appears to Show W. Va. Medical Malpractice Evidence
• Western Branch woman found guilty in fatal 2006 wreck
• Woman struck and killed by dump truck in Norfolk crash
• Poll: Americans dislike corporate misdeeds over frivolous lawsuits
• The Real Kings of "Frivolous Lawsuits"
• You'd Better Be Wealthy if You're a Fast, Reckless Driver in Virginia
• Sixth victim of Suffolk car crash dies this morning
• Do cheap Chinese goods have to mean trade-off in quality?
• Made in China: Shoddy and Dangerous Goods
• Virginia pain doctor sentenced to nearly 5 years in prison
• When Tort Reformers Slip And Fall
• A Great Day for the ATRA
• Man killed in car accident
• "Thomas & Friends" Toys Recalled Over Lead Poisoning Concerns
• Doctors, Nurses Help Promote New Michael Moore Film
• Malpractice Insurers Make Billions in 2006
• Wrongful death information ruled public
• Glaxo, Top Ad Spender, Didn't Publicize Diabetes Drug's Risks
• The FDA: Asleep at the Wheel?
• Pub clears up after car crash
• Latest in the UVA stabber lawsuit
• Woman Hurt In Virginia Beach Crash: Medics Cut Her Out Of Car
• OxyContin: Purdue Pharma's Billion Dollar Marketing Lie
• Harris County judge nixes Vioxx lawsuit
• Teens die in Virginia Beach car crash
• Pet Food Recall Expands
• VA Blamed in Patient Death
• NTSB: Beechcraft Sierra May Have Been Overweight in Norfolk Crash
• Black Woman: Boss's "help" violated Title VII
• Products claims found in comp cases, consumer calls
• Tort Reform Hypocrites: An Interesting List
• Should the HPV Vaccine be Mandatory?
• Beach to pay $825,000 to settle lawsuit over ambulance crash
• Local VA hospitals tend to get higher marks than Walter Reed
• Class 1 Medical Device Recall - Smith & Nephew, Inc. Radiofrequency Denervation Probes
• Lifeline External Defibrillators Under Recall
• Insurers Charging Higher Premiums to Less Educated
• Insurance Company Contact Information
• Dying Medical Malpractice Plaintiff Arranges for Adoption of Her Own Children
• State Farm Suspends New Policies in Mississippi
• Insurance Companies Enjoy Another Year of Record Profits
• Woman gets 8 years in prison for fatal DUI crash at Beach
• Philips Recalled Thousands of Defibrillators in 2006
• Insurance Industry Posts Record Profits In 2006
• Hurricane Katrina: Seventeen Months and Counting
• Progressive Insurance: Art for Profit's Sake
• Beach police shut down Centerville Turnpike after accident
• Hartford Insurance puts up $26 million to settle 'Colosuss' class action
• Mother, child awarded $1.8 million for injuries during childbirth
• One killed in four-vehicle accident on eastbound I-264
• String of hit and run cases, some deadly, has investigators concerned
• Harris Teeter Removes Recalled Product, 1 Month Later
• Woman died because of error during surgery, lawsuit claims
• Ford's Lemons Leave Sour Taste in Consumers' Mouths
• Hang Up And Drive That Bus
• Merck Judge Refuses Class-Action Status for Vioxx
• Senator Learns About Insurance Companies the Hard Way
• Army explores issue of living wills as more return from war in comas
• Louisiana Ruling Gives Hurricane Victims More Options
• Laptop Computer Battery Recalls Will Cost Sony Millions
• 2006 Sees Huge Car Safety Recall Numbers
• Breit, Drescher & Imprevento recognized by Virginia Super Lawyers Magazine
• Bristol Myers-Squibb Refuses to Recall Dangerous Antibiotic
• New Federal Privacy Law Poorly Enforced
• Despite Katrina, Big Insurance Makes Record Profits for 2006
• Disetronic Medical Systems Announces Insulin Pump Recall
• Medical Malpractice "Crisis" Officially Over
• BDI announces investigation of Guidant defibrillators
• BDI announces investigation of Medtronic defibrillators
• Bad Faith Insurance Companies: Who Are They?

FDA Issues Second Warning Against Medical Device Maker OST Medical

Is your medical device safe, or could it be defective? In some cases, medical device manufacturers could be going against federal regulations, skimping on quality control measures, and ultimately giving the Virginia public defective medical devices that could harm their health or even endanger their lives.

This may be the case for medical device company OST Medical, Inc., who has received two serious official warnings from the US Food & Drug Administration in the last six years. OST Medical has twice violated federal requirements for medical device makers, both in regards to their Sentinel enteral feeding pump devices.

Most recently, OST Medical was given a letter by the FDA after 2009 inspections of their facilities found that OST’s products were not undergoing appropriate quality management procedures to protect users from defects and other problems. In addition, the company was found to be using defective labels, to be keeping poor histories of device sales, and to lack a program that investigated device complaints from medical professionals and patients.

In 2001, the company was also chastised by the FDA in regards to their feeding tube product. In this instance, the company was accused of serious regulatory problems related to the fact that the device they submitted to the FDA for approval did not resemble the product that they were making and shipping to buyers.

At this time, no injuries related to the Sentinel feeding pump devices have been reported and a recall on the medical devices has not been announced.

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Hampton Roads Named Worst VA City For Car Accidents

What is the most dangerous city for car accidents and car accident fatalities in Virginia? A new report issued this month reveals that Hampton Roads, VA, has the highest rate of car accidents in the state – trumping the car accident rates of nearby Richmond, Roanoke and Northern Virginia.

The report, which was presented to the Hampton Roads Transportation Planning Organization this week, stated that a car accident takes place every 19 minutes in Hampton Roads and that a VA resident dies in a Hampton Roads car accident every two-and-a-half days. All and all, there were 27,600 car accidents in Hampton Roads in 2008.

Nationally, Hampton Roads ranks 17th in car accident fatality rates among cities of similar size across the nation. While the rate of car accidents has fallen 19 percent over the past 7 years in Hampton Roads, the car accident rate in Virginia as a whole has fallen 13 percent.

Oddly, despite the dramatic number of car accidents reported, the numbers of accidents and fatalities have steadily dropped since 2004. City officials say that high gas prices have kept more off of the roads while drunk driving and distracted driving awareness has also reduced the number of crashes.

The report also include other interesting findings: one out of ten car accidents involved alcohol, while 40 percent of fatal accidents involved alcohol. The most common reasons for car accidents were speeding, distracted driving, and drinking and drinking. Another common cause of car accidents was following too closely or tailgating.

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Weather Causes Big Rig Jackknifing Accident In Rural Retreat, Kills 2

A father and son were killed on Interstate 81 when a truck lost control while trying to avoid an accident during one of the large snowstorms to strike Virginia in the last month.

Virginia State Police say that despite warning by government officials to stay off of the road unless absolutely necessary, two men were the victims of a Rural Retreat tractor-trailer accident. According to the VA police report, a Dodge Caravan carrying 54-year-old William Edward Smith and his son, 25-year-old William Edward Smith, Jr., stopped their vehicle on the side of I-81 when they saw a car accident ahead of them. A nurse in the Caravan exited the car to help the injured passenger in the car ahead of them while the younger Smith stood outside of the vehicle.

An oncoming big rig that was approaching the car lost control and jackknifed in the road, hitting the van and its passengers. Both father and son were killed in the accident. The truck driver, nurse, and the initially injured motorist all survived with minor injuries.

Trooper H.D. Mooney is investigating the big rig accident, which is one of hundreds that took place during the adverse winter weather plaguing Virginia and the mid-Atlantic region during the month of February. Two other serious tractor-trailer accidents also took place the same day on I-77 in Virginia.

In addition to staying off the roads altogether, Virginia Police suggested that those braving the roads keep food, blankets, and water in the vehicles.

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Virginia Men: Beware Herbal Aphrodisiacs On Valentine’s Day

Are herbal supplements safe just because they are available to buy in the store? The Food And Drug Administration (FDA) says no. In fact, the FDA sent out a press release last Friday warning men against ingesting aphrodisiacs such as herbal love potions as the nation gears up for Valentine’s Day. Unlike prescription drugs and over-the-counter drugs, herbal supplements are not as well regulated and many may contain ingredients that are harmful to your health.

The FDA urged men who were looking for possible sex-enhancing supplements to research anything that they buy and determine that the product is registered and safe. Some of the illegal supplements the FDA found recently contained such possibly dangerous drugs as speed, steroids, and Viagra. Even erectile dysfunction drugs or supplements that may work do not often list the dangerous side effects or drug combinations that could end in serious injury or even death for the men who take them.

Men who may be most at danger when taking unregistered aphrodisiacs are those who have high blood pressure, heart problems, or who take other prescription drugs. For example, those taking nitrates to lower their blood pressure could suffer serious side effects if they take a supplement containing sildafil, the active ingredient in Viagra, which expands the blood vessels.

As always, check with your doctor before taking any kind of over-the-counter supplement.  Also take a close look at the ingredients and manufacturer yourself before purchasing herbal supplements.

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Bristol, Virginia, Drag Race Ends In Tragic Fatality

The very real dangers of drag racing are once again apparent as a fatal car accident in Bristol, Virginia has police searching for the young men responsible. Bristol Police say that a silver Pontiac Trans Am and a red Ford Mustang were drag racing on Monday night when the Trans Am slammed into the passenger side door of a car pulling out of the Bristol Mall.

One teen involved in the VA car accident, 19-year-old Joseph Rose of Pound, Virginia, was driving the Trans Am while 19-year-old Joshua Henson of Washington County was allegedly driving the Mustang. Virginia Police say that the two cars were going between 110 and 120 miles per hour. The woman in the third car, 38-year-old Melinda Woodward of Abingdon, VA, died on impact. Rose, a resident of Wise County, was taken to the hospital and treated for his car accident injuries.

Police are currently collecting evidence such as text messages between the boys and say that there will not be further arrests in the case. They are not sure if the two young men knew each other. The two boys could possibly be charged with felony drag racing, reckless endangerment, drag racing resulting in serious bodily injury, and manslaughter. They could face up to 20 years in prison.

The problem of street racing near the mall on Gate City Highway has long been a problem in Bristol. Some who work near the area say that they hear at least one drag race per day. The last deadly Virginia street racing incident took place in Kingsport in September 2008.

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Group Calls For Fibromyalgia Drug Savella Recall

The Food & Drug Administration has approve the drug Savella as a safe and effective drug to treat fibromyalgia, and doctors have written 250,000 prescriptions for the drug in the last year – but is Savella safe? Respected consumer advocacy group Public Citizen has publicly asked the FDA to recall the drug based on evidence that it causes hypertension and could increase the chances of suicide. The group also puts forth that the drug has not properly been shown to reduce the symptoms of fibromyalgia.

Fibromyalgia is an elusive and mysterious ailment that causes generalized pain, depression, muscle soreness, headaches, and fatigue. Little is known about the causes or treatments for the disease, and yet three antidepressive pain medications, including Savella, have been approved to treat the illness. However, the Public citizen says that tests show that the drug can lead to dangerously high blood pressure and, like other antidepressants, can be linked with suicide.

In addition, the consumer group complains that the clinical trials proving the medication’s efficacy on patients with fibromyalgia had unimpressive results – and were shortened in order to show that just nine percent of patients said that it relieved symptoms. Seven percent of those taking a dummy pill said that the medication relieved symptoms.

Savella, also known as milnacipran, is manufactured by Cypress Bioscience, Inc. and Forest Laboratories, Inc. The European Medicines Agency (EMEA) did not approve Savella for fibromyalgia treatment, saying that the risks greatly outweighed the benefits. Fibromyalgia is said to affect 2 to 4 percent of the population, though some doctors believe it is over diagnosed – or not a true disease at all.

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Defective GlucoPro Insulin Syringes Recalled By FDA

According to a press release issued on January 22, 2010, Nipro Medical Corporation, in conjunction with the US Food & Drug Administration, has issued a national recall of GlucoPro insulin syringes. The syringes, which were sold in all 50 states as well as Puerto Rico, were recalled after the medical device manufacturer discovered that the needle may become detached from the syringe. This defective medical device can lead to the needle becoming lodged in the patient’s skin, in the insulin vial, or in the syringe itself.

The medical device recall is voluntary and no injuries have been reported involving the GlucoPro insulin syringe, but Nipro recommends that anyone in possession of the defective product should stop using the needle and return it to the store where it was purchased. If you have been injured because of this defective medical device, report the adverse event to your physician and to the FDA. The recall includes all product codes and lot numbers with expiration dates before November 2011.

Nipro Medical Corporation has notified distributors and customers of the defective syringes. Those with diabetes who regularly use the syringes should be especially aware of the GlucoPro insulin syringe, as should doctors and other health professionals. It should be noted that the Amigo Insulin pump that is used along with the syringe is not defective and patients may continue to use it.

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Johnson & Johnson Under Fire From FDA After Massive OTC Drug Recall

The Food & Drug Administration (FDA) has made an official statement announcing that they are disappointed with the way that Johnson & Johnson handled the recent recall involving six popular over-the-counter medications. The FDA, who helped coordinate the massive recall, issued the company a formal warning and reiterated that the company should have recalled the drugs in September of 2008 when the problem was initially reported.

McNeil Consumer and Johnson & Johnson recalled six drugs including Tylenol, Benadryl, Motrin, Rolaids, Simply Sleep, and St. Joseph’s. In total, 53 million medications were recalled in total. Stores and pharmacies have been asked to remove the contaminated pills from their shelves.

The recall came after years of complaints that their products smelled strange and that a number of consumers suffered from stomach pains, diarrhea, nausea, and vomiting. After an investigation, the behemoth company discovered that the problem stemmed from a wood treatment chemical, 2,4,6-tribromoanisole (TBA), used on pallets used to transport the medications. The wooden pallet industry has denied that the chemical is in any way dangerous and released a statement saying that the accusations have been very damaging.

Johnson & Johnson said that all pallets containing the chemical were disposed of immediately. However, they also said that the investigation of the problem was ongoing. The FDA has told the company to complete the investigation within 15 days.

If you believe you may have contaminated pills in your house, check Johnson & Johnson’s website for the lot number on the box.

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Virginia Mom Sues Alcohol Suppliers In Daughter’s Wrongful Death Case

After her young daughter died during a drinking binge, a Virginia mother is suing seven different people involved with the accident for wrongful death.

According to reports, 17-year-old Taylor Meyer attended a series of parties following a high school football game – and ended up at an after party at an abandoned airport. Although she was supposed to spend the night with a friend, Meyer wandered away from the party alone. She drown in a swampy area 100 yards from the party, with a blood alcohol level of 0.13. Later, authorities said that two friends had jokingly pointed her toward the swamp before she left. Although a relative received a call from Meyer after she left the party, the connection was bad or Meyer was not speaking coherently.

Now her mother, Kathi Jean Myer, is suing seven different people who were responsible for giving her daughter alcohol on the night of the party. Her wrongful death lawsuit lists Sean Flynn, Brian Zusick, Paige Zusick, Rachel Stark, Dianne Stark, Matthew Dusseault, and Christopher Moran. These adults, parents, and teens all took part in either purchasing alcohol, transporting alcohol, or condoning alcohol use on the night of Meyer’s death.

Although Meyer is aware that her wrongful death lawsuit will not amount to much money – five of those named are teens – she does hope that the lawsuit will make those people responsible for what they did and raise awareness about responsible behavior regarding alcohol and teens.

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Sunset Publishing Recalls Do-It-Yourself Books Due To Dangers

You’ve probably heard of dangerous appliances, defective children’s furniture, and other dangerous products – but how can a book hurt you? Last week popular do-it-yourself publisher Sunset Publishing and Oxmoor House recalled six different home improvement books that contain instructions that could lead to dangerous electrocutions or possible fires.

The recall, which is taking place with the help of the US Consumer Product Safety Commission, involves over one million books published since 1975. Although many have asked about specifics regarding the dangerous entries, paragraphs, or diagrams in the book, the company (which is owned by Time) would not take about specific pages or projects, saying that different editions of the books contained different problems.

Many emphasized that it is difficult to learn any type of home repair from a book, and that even simple home repairs involving electricity can be potentially dangerous. The recall involves books such as "Sunset Basic Home Repairs," "Sunset Complete Home Wiring" "Sunset Complete Patio Book" and “Sunset You Can Build – Wiring” in addition to several home repair books sold by Lowes and under the Lowes name, such as "Lowe's Complete Home Improvement and Repair.” The books have been removed from the home improvement store and shipped back to the publisher for refunds.

Many libraries have also removed the books from circulation following the dangerous product recall.

Those who own the books or who would like more information can call the company at (866) 696-7602 or visit their website at www.sunsetrecall.com. You should also report any related product injuries to the CPSC.

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Virginia Worker Suffers Serious Burns At Roanoke Water Plant

While serious falls are the number one cause for injury when it comes to industrial occupations, burn injuries are also common when it comes to working in a plant, factory, or construction site. This was the case in Roanoke in Western Virginia on Sunday night, December 20 at the Western Virginia Water Authority. Workers are at the water plant 24 hours a day, seven days a week.

The company’s spokesperson, Sarah Baumgardner, said that a worker received serious burns to his hand and forearm at around 9:30 PM at the Roanoke Regional Water Pollution Control Plant in Southeast Roanoke. Baumgardher said that the type of injury was a electrical arc flash-burn caused by an electrical panel with medium voltage.

Emergency workers rushed the man to a local hospital in the minutes after the burn accident, but he was then transferred to the burn unit located at the University of Virginia Medical Center. The identity of the man was not released, nor was an update on his condition after the Virginia burn injury. It is also not clear how long the man would be unable to return to work, what the long-term consequences of his injury may be, and whether or not the man would receive Virginia workers’ compensation for his injuries and lost wages.

The Western Virginia Water Authority spokesperson added that the burn accident was not related to the adverse weather that occurred on Saturday and Sunday.

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CPSC Says Faddish Zhu Zhu Pet Toys Are Safe Despite Rumors

Last week rumors started that the most popular and hard-to-find holiday present of the year was potentially dangerous for children. But now federal regulators and the toy company have stated that Zhu Zhu pet toys are safe.

The small, inexpensive toy hamsters have been resulted in a Christmastime toy craze as parents try to buy the electronic pets for their children. But when a consumer safety group GoodGuide raised concerns about the presence of dangerous heavy metals in the toys, many families became concerned. GoodGuide told consumers that the light brown hamster, Mr. Squiggles, had the heavy metal antimony on its hair a nose – a heavy metal that has been linked to heart problems and lung problems.

The U.S. Consumer Product Safety Commission, however, told reporters that the toys passed all federal safety standards, including the new safety standard involving metals in children’s toys. GoodGuide shot back saying that their tests on the Zhu Zhu hamsters had higher standards – and that the CPSC was very quick to call the toys safe without time for further testing.

We found levels of about 93 to 106 parts per million," GoodGuide co-founder Dara O'Rourke told CNN. "The new federal standard is about 60 parts per million."

The maker of the Zhu Zhu hamsters contends that the testing method the group used on the popular holiday toy was not up to snuff with the testing method used by the company and by the US government.

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10 Million Cans Of Potentially Tainted Cans Of Slim Fast Recalled

Slim-Fast has been known for its canned diet drinks for decades – but now the company that makes the canned meals say that ten million of the products may be contaminated with bacteria and dangerous to drink.

The company that owns Slim-Fast, Unilever, announced a recall of the product, informing consumers that the cans may contain a dangerous bacteria, Bacillus cereus. Bacillus cereus is a soil-dwelling bacteria can cause harmful food-borne illnesses in humans. Responsible for about five percent of all food poisoning cases, Bacillus cereus can cause nausea, vomiting, diarrhea, and upset stomach. The bacteria can become problematic if foot is not cooked at a high enough temperature or if food is not properly refrigerated. The food borne illness can prove to be more dangerous and even deadly in the very young or the very old.

U.S. Food and Drug Administration spokeswoman Rita Chappelle said that the recall involves all Slim-Fast cans of weight loss products on the shelves or in warehouses now, regardless of barcodes, flavors, or sell-by dates. The company has recalled the products from stores and urges those who have recently purchased Slim-Fast products to throw them away and call the company for a full refund.

Unilever, which also produces a number of other popular food products, is still in the process of identifying the source of contamination and preventing further issues. The FDA will conduct its own investigation at the Slim-Fast factory in the coming days.

Other Slim-Fast products, such as snack bars and powders, are not part of the recall and are not dangerous to eat.

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Virginia Supreme Court Reinstates Wrongful Death Car Accident Lawsuit

While a previous judge from Henrico County Circuit Court dismissed the wrongful death case, the Virginia Supreme Court is sending the case back to trail.

In 2004, 14-year-old Jaimee Kellerman went to sleep over at a friend’s house. Before she left, her parents talked to the parents of the family she was staying with and made clear that her daughter was not to ride with a teenaged boy driver. After going to the movies, Kellerman got into the car with her friend and a 17-year-old driver. He crashed the car into a tree going 80 miles per hour and Kellerman died. The driver, who had a history of reckless behavior, was charged with manslaughter.

Kellerman’s parents are arguing that her friend’s parents had a responsibility to keep their daughter safe while under their care. While the first judge dismissed the wrongful death case, which was for $15 million, saying that the parents still held responsibility, the split decision of the Virginia Supreme Court said that the McDonoughs could be liable for the harm that came to Kellerman while under their care and supervision.

This case could have great ramification since it asks a very important question about wrongful death: do the temporary caretakers of minors, such as the parents that are overseeing a sleepover, owe a duty to provide reasonable care for the child at that time? If a child is visiting your house, are you responsible for keeping that child from harm?

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FDA Continues To Stall New Safety Measures After Vioxx Scandal

In 2004, the US Food & Drug Administration came under fire after the prescription pain drug Vioxx was pulled from the shelves after it was linked with heart attacks and stroke despite being approved just five years before.

Today, the Government Accountability Office (GAO) has released a report that says the FDA has not done what it promised to increase prescription drug safety and to prevent the same mistakes from happening again in the future. In 2006, a number of changes were outlined in order to improve how drugs already on the market are monitored by the agency. However, three years later, not all steps have been taken to prevent another dangerous drug episode.

Currently, most of the power in the FDA belongs to the scientists who test drugs for the market – scientists who may be reluctant to recall the same drugs that they approved a few years before. The proposed changes would spread the responsibility and make certain that when deadly drug side effects are seen, action is taken quickly. Right now, the GOA says that the FDA’s post-market drug surveillance program is still lacking. It also asks that the FDA give them a formal timetable in which the recommended changes take place.

The GOA did note that some important changes have been made since the Vioxx scandal put a spotlight on the problems with the FDA’s post-market drug vigilance. Since 2006, the FDA has revamped their computer adverse effect reporting system, gathered reports from government agencies on drug safety, and developed a system to resolve internal conflicts about drug safety.

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Virginia Woman Hit By Car Bringing Flowers To Dead Granddaughter’s Memorial

In Virginia, 74-year-old grandmother was struck and killed by a car while placing flowers on the roadside memorial of her granddaughter who had been killed in a VA traffic accident weeks before.

Lt. C. Ferrigno of the Henrico Police Department told reporters that senior Ruth M. Bellio and her husband, 79-year-old Joseph, were struck by an oncoming car in the Richmond suburb of Henrico on Saturday. Ruth was killed in the pedestrian roadside accident while Joseph was treated for his car accident injuries at VCU Medical Center.

Virginia Police say that 25-year-old Danielle Bellio was killed on November 21 in the same spot, where her car ran off of the road and struck a tree. The accident occurred after Bellio allegedly ran a red light on West Broad Street in Henrico and then sped away from the police. She was rushed to the VCU Medical Center but died of her car accident injuries. Her family said that she had been drinking on the night of the accident.

Many have commented on the dangers of Springfield Road, which curves sharply multiple times and which has been the scene of a number of other serious car accidents throughout the years. In fact, the road has been on the Virginia Department of Transportation’s list for safety improvements for some time.

This death also raises some questions as to the safety of roadside memorials in Virginia, which could put the safety of mourners into question.

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Virginia Motorcycle Accidents Plague Police In November

In Harrisonburg, Virginia, a man was killed despite wearing a safety helmet while riding his motorcycle. Virginia reporters said that 62-year-old Ben Miller struck a deer on Route 250 near Staunton on Sunday afternoon.

In Amherst, Virginia, another motorcycle accident was recorded by Virginia State Police. In this case, which occurred at the intersection Old Wright Shop Road and Wright Shop Road Saturday night, speeding, reckless driving, and alcohol were involved. The motorcycle rider sped away after police attempted to pull the man over for suspicious driving – and the man sped away and hit a nearby embankment. The injured man was taken to Lynchburg General Hospital for treatment. There was a warrant for his arrest out in Norfolk and his license had been suspended. He has been charged with a Virginia DUI, driving with a suspended license, and may face other citations as well.

The weekend before, 43-year-old Ramon Bermudez of Richmond, Virginia died on Sunday afternoon driving southbound on Interstate 64 in Goochland County. At the time of the accident, the man was on the exit ramp for Sate Route 288 when he lost control of his vehicle.

A non-motorcycle-related crash also killed three men on nearby Route 60 outside of Richmond. In that fatal car accident, which took place on Saturday, the driver of the car lost control and plowed into several trees. The three men were identified as 25-year-old Lon G. Hogge Jr. of Providence Forge, 26-year-old Clarence B. Jackson III of Providence Forge, and 20-year-old Paul J. Mula of Quinton. Only one of the men was wearing a seat belt.

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USA Today: Prevent Car Accidents -- Pull Over To Multitask

In USA Today, columnist Bill McGee has a simple but important tip for drivers all over the country: pull over if you need to do anything other than focus on the road. While many states, including Virginia, are banning texting and mobile device use while driving, many drivers are still distracted by multitasking while behind the wheel. McGee says that if you need to do any distracting activities, such as eating, smoking, grooming, tending to children, or playing with the radio, leave it be until you are not in a moving vehicle.

The author points out several high-profile texting accidents in the United States over the past few years that involved public transportation officials and serious accidents, such as the Alexandria, Virginia, bus driver who slammed into a bridge while talking on his cell phone, injuring eleven people. In another incident in 2008, a railway conductor was texting in the moments before he missed a railroad stop sign. The train slammed into a freight train and killed 24 people.

In general, the rate of distracted driving incidents is increasing – mostly due to the growing popularity of mobile devices such as smart phones and cell phones. While driver distraction was responsible for an estimated 12 percent of accidents in 2004, it is now responsible for 16 percent – and that is only counting reported cases. Driving safety advocates believe the numbers are shockingly higher.

McGee also discusses the Virginia Tech texting study that revealed that teens are especially prone to cell phone-related driving distractions and distracted driving car accidents and car accident injuries. Specifically, drivers under the age of 20 are at the highest risk for the dangers of distracted driving.

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Teen Boy Killed In Tragic Wood Chipper Accident In Poquoson VA

The Occupational Safety and Health Administration as well as local officials will investigate the death of a 14-year-old Poquoson, Virginia, boy who was working with a commercial wood chipper. The fatal Virginia accident took place on Sunday on Wagner road.

Poquoson Police said that the boy was a local high school freshman who was cleaning up storm debris with two other people from Old Dominion Tree and Lawn Care. The young man was using a shovel to place fallen limbs into the wood chipper when the shovel became caught. The boy was killed at the scene of the accident after he was pulled into the machine.

At the time of the accident neither of the adult lawn workers were present – they ran to the wood chipper after they heard a loud noise emit from the machine, where they found that the boy had been pulled in and killed instantly. Police later found the shovel the boy was using wedged in the wood chipped.

According to Police, the boy was trying to make some extra money by working with his guardian and the owner of the lawn service, Bobby Strickland, who was caring for the orphaned boy. Under Virginia law, it is illegal for anyone under the age of 18 to work with a powered woodworking machine because of the dangers associated with the heavy machinery. The state and federal investigations of the deadly accident will determine whether or not criminal charges will be pressed against the guardian of the boy or the lawn company.

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Stork Craft Announces Largest Crib Recall Ever – Dangers of Dropdown Cribs

Just a few weeks after Maclaren recalled a large number umbrella strollers because of dangerous hinges and amputation risks, Stork Craft Manufacturing, Inc. has partnered with the US Consumer Product Safety Commission to announce the largest crib recall in history. The manufacturer reported that the dropdown side of the crib may become detached, causing a place for an infant or toddler to become trapped between the mattress and the side of the crib.

The recall came after the more recent suffocation deaths of four infants and after the CPSC announced that it would more firmly regulate the baby product industry.

The company has recalled all of its dropdown cribs – including 1.213 million cribs sold in the United States and 968,000 cribs sold in Canada. In the last decade, dozens of children have died or been seriously injured due to the dropdown crib design. The recalled cribs have been sold in a variety of stores, including BJ’s Wholesale Club, Wal-Mart, Target, Sears, and Costco, since 1993 – including 150,000 cribs sold through Fischer Price. They sold for between $100 and $400 each.

If you have a dropdown crib manufactured by Stork Craft, you are urged to call 877-274-0277 or log on to www.storkcraft.com to order the crib repair kit. The plastic kits allow users to immobilize the dropdown side of the crib permanently.

In January, the company recalled 500,00 cribs after they discovered a mattress bracket malfunction.

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October Dangerous Product Recall News

Are you keeping your family safe by keeping up with the latest news regarding defective products and dangerous product recalls? Here are some of the product liability headlines across the nation this month:

· The U.S. Consumer Product Safety Commission (CPSC) announced a voluntary recall of Coby Electronics rechargeable batteries, which have overheated in a number of cases and started several fires. All in all, eight consumers have reported fires and property damage when using the batteries. The defective rechargeable batteries have been sold nationwide for the past two years at a variety of stores. Coby asks that all owners immediately remove the batteries from their DVD, CD, or MP3 players and call the company to receive a free replacement battery.

· A family has filed a wrongful death product liability lawsuit against Wal-Mart concerning a defective Simplicity Bassinet that killed their baby, Kennedy Jones. The family says that although other companies recalled the bassinet last year, after the death of another infant, Wal-Mart did not recall the baby furniture until this year. The bassinet's bars are too far apart, allowing babies to wedge their heads between them and choke to death.

· Over 68,000 Sony VAIO computer AC adapters have been recalled by the CPSC because of a shock risk after heavy usage. The adapters, which were sold at SonyStyle stores and the SonyStyle website have not caused injuries in the United States, but four defective product reports have been received. Go to the Sony website for more information on what to do if you use and own this product.

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Bicyclist Death Could Lead To Chesapeake VA Road Improvements

In August, 46-year-old Charles McCarty was biking down Johnstown Road in Chesapeake, Virginia when he was struck by a vehicle and killed. The driver of the SUV, 21-year-old Sarah Magnolia Perry, was charged with a DUI in the days after the case.

The accident took place on Tuesday, August 18 at 10:30 pm, and McCarty died at the scene of the bicycle accident. Perry initially left the scene of the crime after she struck the cyclist but returned after a few minutes.

Now, in the wake of the fatal VA bicycle accident, Chesapeake city officials are considering major changes on Johnstown Road to make conditions safer for everyone. In the months after the cyclist accident, the city studied the street and recommended that the speed be lowered from 45 miles per hour to 40 miles per hour. In addition, they recommended that street lights be added to the road, stating that the place where McCarty died was too dark for drivers to see well. Many in the community agree that the busy two-lane road is dangerous - and was dangerous long before the cyclist and car accident.

The improvements would also include an application for a federal grant for a sidewalk on the road.

The City Manager will be making the final decision in the coming weeks, and even McCarty's son agrees that the changes would make Chesapeake a safer place to drive and bike. However, his son, Chris Hendershott, also thinks that more bike paths in general would make the city a safer place.

Sarah Magnolia Perry's court date is scheduled for December 7.

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Medical Device Fraud Shakes Up Biotech Industry

Even when medical devices pass the US Food & Drug Administration (FDA) safety tests, they could be harmful to you and your family. How? This week Biotech company executives have been accused of illegally marketing one of their products for use in a way never approved by the FDA - a medical device use that could have led to injured patients.

On Wednesday, a grand jury indicted Stryker Biotech and several of its top executives of fraudulent and illegal marketing of their bone growth products, OP-1 Implant and P-1 Putty. The products were approved by the FDA for use in spinal surgeries or long bone surgeries in which patients need assistance in healing their fractures. However, executives began marketing the product for use along with another product, the bone void filler Calstrux, in a new way that was never approved by the FDA, never been tested on humans, and which may be neither safe or effective.

Reports say that a number of people suffered severe medical problems after doctors used the bone growth and bone void filler mixture on them during medical procedures.

The men responsible for this fraudulent marketing include former president, Mark Philip, as well as current sales managers, David Ard, William Heppner, and Jeff Whitaker. They have also been charged with trying to cover up their medical device misconduct. The charges could result in significant fines as well as Stryker being blocked from government healthcare programs that could hurt the company's profits.

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FDA To Examine Safety Of Spinal Implant Devices

Are the medical devices in your body safe? Just because the FDA has approved them does not necessarily mean that you could not face pain, complications, and future surgeries due to your defective implanted medical device. The more recent example of this is flexible spinal fusion implants, also known as dynamic stabilization systems. These systems replace older, more rigid, spinal repair systems and allow spine injury victims more natural movement. However, the FDA is now asking companies that produce the medical device to study patient outcomes and look out for defects.

The dynamic spinal stabilization system, which came onto the market in 1997, was approved more quickly than other medical devices through the 510(k) approval process, which allows products that are similar to other already-tested products to go through a less thorough testing process. However, this shorter process has been under increasing scrutiny as defective drugs and medical devices have leaked to the public through this system already.

The FDA worries that the devices do not provide enough spine stability and that the spinal fusion implants may lead to serious complications and further surgeries as the devices break, bend, weaken, or become loose over time. They would like the companies that produce the medical product, like Johnson & Johnson and Medtronic, to conduct post-market surveillance studies and to conduct trials while developing any new related spinal fusion products. They would also like companies to report any dynamic stabilization system failures.

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VA Man Dies In Construction Site Crane Accident On Smith Mountain Lake

A VA construction worker has died while dismantling an old dock on the banks of Smith Mountain Lake in Virginia. This was the first fatal commercial accident on the lake since the early 70s.

According to the Roanoke Times, 55-year-old Roger Dale Goad of Henry, Virginia, was manning a crane when the entire 10-ton piece of heavy machinery toppled off of the barge where it sat and sank 100 feet into the lake. The Franklin County's Department of Public Safety said that the construction accident was still under investigation and that the two men who were also working in the area at the time of the deadly Virginia crane accident were being interviewed for more information.

Goad was employed by Plyler Homes and Docks, a company that he had worked for during the last 38 years building houses and docks. The Moneta, Virginia, company was hired by a River Creek Road resident to tear down a dock. Rescue divers spent two hours recovering the construction worker's body, which was found near the cab of the submerged machinery. Initial reports say that the construction worker drowned, but an autopsy will confirm this in coming days.

It is unknown why the crane came loose from the barge - whether there was a mechanical failure, a human error, or other mistake -- and whether this was a case of wrongful death. In coming weeks, divers will examine the crane before it is removed and the US Coast Guard will begin an investigation. The crane fell 50 feet and came to rest about 100 feet from shore.

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Federal Government Settles Naval Center Medial Malpractice Suit

According to the Virginia-Pilot, the federal government has settled a medical malpractice lawsuit that involved the Portsmouth Navy Medical Center and the wife of a retired Navy petty officer.

The court reported that 43-year-old Miriam "Feenee" Hadley of Virginia Beach, Virginia, went into the Virginia Beach TriCare clinic with an infected boil on her thigh in May 2006. The doctor attempted to remove the boil, but the infection worsened and Hadley was sent in for emergency surgery at the Portsmouth Navy Medical Center. After the surgery took place, Hadley's airway was blocked and she was not able to breath post-surgery between the operating room and the ICU. Although medical professionals were able to resuscitate Hadley, she suffered from cardiac arrest and was declared brain dead. Four days later she died of the medical error.  

Lawyers for Randy Hadley, Miriam's husband, and the Hadley's four foster sons said that the woman should have been intubated directly following the surgery as Hadley suffered from a number of other medical conditions known by the doctor. Three medical experts testified that she should have indeed been intubated post-operation.

A federal magistrate judge approved a $450,000 Virginia medical malpractice settlement and no trail will take place The federal government did not admit error in the death of the woman and denied that there was any form of negligence. They also refused comment after the settlement was finalized.

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FDA Makes Costly Mistakes In Rushed Knee Device Menaflex

Is the FDA looking out for the public's safety and health, or is the FDA willing to approve defective devices for political reasons?

Even when the scientists who studied the medical knee device Menaflex did not think it should have been approved by the US Food & Drug Administration, FDA officials pushed the product through based on political pressure.

The possibly defective medical device, which is made by New Jersey-based ReGen Biologics to help improve knee reconstruction surgery, was approve even though it did not go through the proper procedures and review processes that other medical devices are put through before being released to the public.

As the investigation into the Menaflex product continued, the FDA revealed that four New Jersey Democratic lawmakers -- Senators Robert Menendez and Frank Lautenberg and Representatives Frank Pallone Jr. and Steven R. Rothman - were all pushing for the quick approval of the medical device.

Despite the fact that Menaflex did not go through the proper routes to be approved for use during knee surgeries, the meical device will stay on the market. Dr. Jeffrey Shuren, acting director of the FDA's Center for Devices and Radiological Health, said during a press conference about the issue that there was no basis to remove Menaflex from the market, but that they will go back and review the records they have regarding the knee replacement product. He also said that those who have Menaflex devices in their knees should not be concerned.

In order to prevent similar mistakes from happening in the future, the FDA has asked U.S. Institute of Medicine to examine the FDA's approval process for medical devices.

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New Survey: Majority Of Virginia Drivers Are Distracted

A new survey that asked Virginia Capital Beltway drivers questions about their personal driving habits have very scary results, according to the Fairfax County Times. The survey's results found that 56 percent of Beltway drivers in Virginia use their cell phone while driving. Barreling down the multi-lane and congested interstate at 70 miles per hour while talking or texting on a cell phone certainly raises the rate of car accidents and car accident injuries.

Twenty-five percent of drivers say that they read text messages or read their emails while driving on the Virginia section of the beltway - much of which is currently under construction. Half of the Virginia respondents admitted to almost having a car accident while being distracted by their cell phones.

The survey was conducted by AAA Mid-Atlantic and HOT lanes builders Fluor-Transurban. Both made the point that distracted driving is even more deadly in construction zones, where lanes might become narrow or veer, where construction workers may be in danger, and where traffic patterns may suddenly change. Since construction has begun on this specific strip of Virginia Beltway, accident injury rates have increased by almost 20 percent.

Officials are listening to the survey results. Starting on Monday, Beltway police in the Washington, DC area are cracking down on cell phone use, especially in construction zones. The "Orange Cones, No Phones" campaign hopes to prevent car accident injuries for both construction workers and drivers.

"Let me warn you, if you drive the Beltway in Virginia and you feel comfortable doing so and you think you're safe, think again," said Lon Anderson, the director of public relations for AAA Mid-Atlantic.

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VA Mother And Daughter Killed In Train Crash

When you hear a railroad crossing's bells and see the arms of the crossing going down, do not try to cross the tracks in your vehicle. Even if you are in a rush, being late is nowhere nearly as important as keeping you and your family from harm.

This week in Stuarts Draft, Virginia, an 81-year-old mother and her 60-year-old daughter were killed after the driver of the car tried to zigzag past the lowing railroad crossing arms and dodge an oncoming freight train. Mother Alice Virginia Butler of Greensville, Virginia, and daughter Glenda Faye Poore of Fisherville, Virginia, ignored the bells, lights, and warning arms of a railroad crossing and moved their car onto the tracks in the pathway of an oncoming train.

The train caused the car to roll several times and pushed it 35 feet away from the road. Virginia State Police said that Bulter died when being loaded onto a helicopter sent from Calvary United Methodist Church, while Fisherville died at the scene of the Virginia train-car collision.

Investigators from the Virginia State Corporation Commission, Norfolk Southern, Virginia State Police and the National Transportation Safety Board will all work together to investigate the accident. Although multiple eyewitnesses as well as the conductor of the train all agree that the driver ignored the warning bells and drove in front of the train, officials will still confirm that the lights, bells, and arms were all working properly at the time of the VA vehicle accident.

The road on which the car accident took place, Offliter Road, was closed for several hours as police collected evidence and cleared the wreckage.

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Recent Product Recalls In Virginia

Although there are government regulations to protect consumers against dangerous products, many defective products slip through the cracks and into our homes. These products can lead to permanent disabilities, serious injuries, and even death. Keep track of the defective product recalls that may affect you in Virginia:

· Roughly 720,000 replacement torch fuel containers are being voluntarily recalled by Lamplight Farms, Inc. The flame guards on the torch fuel containers may cause the torches to melt and may pose a serious fire hazard. Thirty-five customers have complained about the torch fuel containers melting and one burn injury was reported. Those who have purchase the Clear-Vu Torch Fuel Containers should stop using the product and call Lamplight Farms for a free repair kit. The lamps were sold in hardware stores and home improvement stores across the country.

· The U.S. Consumer Product Safety Commission has also recently released a voluntary recall of bunk beds that pose a collapse risk and a fall hazard for children using the bed. Big Lots Stores, inc. is recalling Wooden Bunk Beds because both the mattresses' support slats and the side slats are weak enough to break, making them a danger to the children using them. The beds were sold in Big Lots stores since last May and should repaired with a free repair kit. Fourteen different consumers have reported defective products.

· The US CPSC also recalled 2,500 parachute hammocks this week manufactured by Travel Hammock, Inc. dba Grand Trunk. The hooks on the parachute hammocks have been known to fail, causing anyone inside the hammock to fall to the ground. Nine different incidents of broken hammock hooks have resulted in minor injuries for users.

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CBS Investigation Finds Yamaha’s Rhino Off-Road Vehicle Dangerous And Deadly

In many cases, ATV accidents, ATV injuries, and ATV deaths are not the fault of the manufacturer. The driver of the all-terrain vehicle could be speeding or under the influence of drugs or alcohol. The terrain or weather could have played a factor in the ATV accident. The ATV could have been hit by another vehicle altogether. But in the case of the Yamaha's Rhino ATV, many are beginning to suspect that the product itself is dangerous and deadly.

This month, CBS investigated the country's most dangerous ATV, which has been blamed for 59 deaths already and hundreds of other ATV accident injuries. In Virginia, even a Yamaha dealer has been injured by a Rhino in the salesman's own lot - one employee broke his wrist and another also suffered injuries. The ATV was only traveling at 5 miles per hour on flat ground. Other dealerships across the country have reported flipping Rhinos going at extremely slow speeds on pavement and suffering injuries like broken legs, ruptured spleens, and shattered bones. Even the United States Consumer Product Safety Commission (CPSC) is concerned.

Although Yamaha has, over the past six years, made some safety changes to the utility vehicle, such as half doors that offer some leg protection, the main issues that the Rhino suffer from remain. Even Yamaha-hired test drivers have been injured in the Rhino, raising liability issues. In fact, More than 440 wrongful death and personal injury lawsuits are pending against Yamaha and the Rhino - and many others have already been settled between those injured and the utility vehicle's company.

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FDA To Switch To Electronic Adverse Medical Device Reports

The US Food and Drug Administration may have taken a step to improve how medical device malfunction and defective medical devices are reported by doctors and hospitals around the country. The government agency that protects American consumers from defective medical devices, tainted food, and prescription drugs announced this week that it will switch to an electronic system of reporting adverse events involving medical devices.

Currently the 57,000 makers and users of medical devices have relied on a paper-based system for reporting problems and defects of medical devices - a system that has proven archaic, expensive, and impractical. However, the FDA warns that the new system of medical device adverse event reporting will not be cheap at first. In fact, the FDA estimates that the new electronic system of defective medical device reporting will cost the entire medical device industry $58 to $80 million to start up and $9 million a year to maintain in the future.

However, despite costs, most agree that the system change will help the FDA pinpoint problems with medical devices and, ultimately, save lives and injuries. As of now, the government regulatory agency receives 100,000 paper reports of medical device malfunctions a year - reports that must be hand filed, transcribed, and faxed or mailed, a process that leads to a waste of time and resources, not to mention transcription errors. The new system should be more modern and more efficient in detecting greater trends in medical device issues and problems.

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King George County Motorcycle Accident Kills One In Virginia

As the summer months continue on, so do the deadly string of motorcycle accidents across Virginia. This week, a Virginia motorcycle rider died on Route 218 in King George County last week after losing control of his bike. The accident occurred at 9:45 in the morning on August 14, and shortly after Virginia State Police Trooper T. D. Green was called to the scene of the VA motorbike accident.

Virginia State Police reported that 52-year-old Darle R. Rasmussen was riding his bike west on the two-lane highway when he lost control of his motorcycle. The bike crossed the double-yellow centerline and crashed head-on into a Chevy Tahoe traveling east. Rasmussen was declared dead at the scene of the King George County motorcycle accident by emergency service workers.

The driver of the vehicle involved in the crash, 29-year-old Spencer Pryor Jr. of King George, Va. He was not injured in the motorcycle accident and will not be cited for any traffic violations or charged with any criminal offenses, according to authorities, although the bike accident is still under investigation.

Reports say that Rasmussen was wearing a motorcycle helmet at the time of the bike accident.

There are many different ways that a motorcycle rider can lose control of his bike - the rider could have been traveling too fast, come into contact with rough pavement, suffered a motorcycle mechanical malfunction, or made an error in judgment.

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FDA Adds Black Box Warnings To Some Arthritis Drugs

Are arthritis drugs safe? Is Humira safe? Is Cimzia safe? Is Enbrel safe? Is Remicade safe? Following a study of 30 different children who were diagnosed with cancer after using prescription arthritis drugs, the US Food & Drug Administration is adding a black box warning to a number of arthritis drugs in order to reflect the drugs' potential dangers. The drugs included in the new black box warning include Humira, Cimzia, Enbrel, and Remicade.

At this point in time, the FDA explained, although the short-term safety issues of the arthritis drugs are known, the long-term effects of the drugs, such as Cimzia, have yet to be studied. Currently, a ten-year study of Cimzia will help health officials to understand what the long-term risks of the drugs are, especially as they relate to certain types of cancer including lymphoma, leukemia, and organ cancer.

The issue with studying these drugs is that children taking arthritis medication or medication for Chron's disease already have a higher risk for cancer - and those taking the medication will suffer several adverse consequences, such as deformity or disability, if they do not take the drugs. Because of these complications, the FDA is not recommending children stop taking their prescription arthritis drugs, but rather that the families and health professionals of the children should decide how to respond on an individual basis.

In addition to adding the black box warnings to the prescription arthritis drugs, the FDA made it clear that doctors and other health professionals should report any negative side effects of the drugs via the Adverse Event Reporting system.

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Newport News Woman Wins $1.8 Million Medical Malpractice Case

A woman with a rare heart condition caused by childbirth suffered through three different wrong diagnoses before she was rushed into an emergency heart transplant. Earlier this August, the Newport News woman was awarded $4 million by a Virginia court, who ruled that the emergency room doctor who treated her was negligent.

According to the Daily Press, 27-year-old Leslie Thorne won her Virginia medical malpractice lawsuit against former emergency room doctor David Glick, who used to work at Mary Immaculate Hospital in Newport News. Although the jury awarded Thorne $4 million, medical malpractice award caps bring the total damages down to $1.8 million.

In 2005, Thorne went to the emergency room complaining of shortness of breath, chest pain, and coughing. Her repeated visits resulted in the wrong diagnosis of a virus, bronchitis, and hepatitis from three ER doctors, including William Hunter and Andrew B. Cole, Peninsula Emergency Physicians. Finally, over a month later, an enlarged heart and abnormal electrocardiogram pointed doctors to the correct diagnosis - a rare heart issue that occurs after giving birth. By the time the correct diagnosis was made, Thorne required a heart transplant. If she had been diagnosed earlier, her problem could have been solved with medication.

Thorne will have to take medication for her heart transplant for the rest of her life and will likely face heart surgeries in the future due to the Virginia doctor's negligence.

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Honda Recalls 440,000 Cars With Defective Airbags

Back in November of 2008, Honda recalled a number of their cars due to a driver's side airbag defect that could have endangered the lives of anyone driving a Honda who became involved in a head-on accident. Now, months later, the car company is expanding its defective product recall to include almost a half-million more cars.

"In some vehicles, airbag inflators can produce over-pressurization of the driver's [front] airbag inflator mechanism during airbag deployment," the official release from American Honda Motor Company said. "If an affected inflator deploys, the increased internal pressure may cause the inflator casing to rupture. Metal fragments could pass through the cloth airbag cushion material, possibly causing an injury or fatality to vehicle occupants."

The defect is potentially lethal. According to Honda spokesman Chris Noughtan, the defective airbags have caused six injuries and one death - at least that have been reported so far. The defect is located in the steering wheel airbag inflator, which has been rupturing in some cases when the airbag deploys. In some cases, metal fragments from the rupture could cause further injury to the car accident victims. Those driving the Hondas mentioned are encouraged to get their airbag inflators replaced.

The recalled vehicles include 2001-2002 Accords, 2001 Civics and 2002-2003 Acura Tls - though all owners will be mailed a letter by Honda if their vehicle is affected. Owners can also visit the Honda website for more information. Honda stressed in its official release that not all cars in these model years are equipped with the defective airbag.

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Virginia Police Chief Involved In DUI Car Accident Resigns

Driving under the influence of alcohol can cause car accidents, car accident injuries, and even car accident fatalities - and it may be even more shocking when a respected police chief is charged with a DUI after causing a car crash.

The 58-year-old Alexandria, Virginia police chief David Baker will retire early, according to the Associated Press, with his last day coming this Friday. Alexandria police officials told reporters that Executive Deputy Police Chief Earl Cook will replace his boss following the DUI and car accident incident last week. Alexandria City Manager James K. Hartmann made the announcement this week, even after Baker's car accident attorney claimed that the police officer had no intention of resigning from his post.

Baker crashed a city-owned Ford Explorer into another car on the exit ramp of Interstate 66 at around 11 pm on Saturday night. The driver of the vehicle he hit was brought to a local hospital suffering from car accident injuries. Baker's blood alcohol level was 0.19, more than double the legal limit in Virginia.

"This is a sad day for us," Alexandria Mayor William Euille announced at a Sunday press conference.

Baker has a 20-year history with the Alexandria Police Department and oversees roughly 480 employees of the city. He will go to Arlington County Court this week with his Virginia car accident attorney, while an independent investigation of the event should wrap up in roughly two weeks.

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Rockbridge Judge Rules Against Father In Virginia Drowning Death

In April of 2006, 17-year-old Charles Volpe drowned in the Maury River at Jordan's Point in Lexington, Virginia. The young man was swept under the low-head dam in the river that has been the site of several Virginia drowning deaths in the past. Though Volpe was a strong swimmer, the young man was unable to save himself from the currents and dam.

This week, a Rockbridge County Circuit Court judge ruled that the City of Lexington was not at fault for the boy's death and that the boy must have known the dangers that come with swimming in Virginia's lakes and rivers. Judge Michael Irvine made the decision after jury was unable to come to a decision after hearing testimony and deliberating for six hours. The jury reported back to the court that they were absolutely deadlocked.

The Virginia wrongful death lawsuit sought $9 million originally, though it was later changed to $3 million by the plaintiff. The Virginia wrongful death lawyer argued that the City of Lexington, Virginia, which owns the dam and beach near the river, does not properly prevent against drowning deaths. Chuck Volpe, the boy's father, has spent the last two years calling for more safety regulations at the low-head dam, including safety signs, buoys and nets, and other precautions. He has also tried to convince local officials to take the dam down altogether.

Jordan's Point is a popular recreation area for Lexington locals, though the dangerous dam and currents have often led to accident and injury.

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Experts to Lawmakers: FDA Needs Better Oversight Of Medical Devices

How do dangerous medical devices make their way into the market and into our healthcare system? A few weeks ago in Washington, DC, lawmakers, medical device manufacturers, and medical device experts came together for a hearing on the effectiveness of the United State Food & Drug Administration in keeping dangerous medical devices off of the market and in successfully recalling medical devices once they have been found to cause injury or death.

The final verdict at the Capital hearing was that the FDA could significantly improve the way it protects consumers from dangerous medical devices. Although most agreed that the federal agency, which protects consumers from faulty hospital devices, needed to improve, not everyone could agree on the best avenue for improvement. While some called for better legislation or better oversight, others called for more money for the FDA.

"There is evidence of an approval system that is broken - that its standards, its procedures and its rules don't meet modern needs of getting medical devices to those in need with confidence in their safety," said Pallone, the Democrat who chairs a House Energy and Commerce subcommittee.

Lawmakers pointed to the recent defibrillator wire recalls as an illustration of why the agency needs helps - in both pre-approval research and in post-approval monitoring. Improvements are needed, most say, both in keeping dangerous products from the public and in quickly pinpointing defective medical devices as soon as they begin harming patients.

The medical device industry said at the hearing that they believed the FDA was stringent enough. No FDA officials were asked to testify at the hearing.

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FDA Releases Suicide Warning For Anti-Smoking Drugs

For years we have known that smoking is bad for our health - but now the Food & Drug Administration (FDA) is warning consumers that anti-smoking prescription drugs may be even more harmful. On July 1, the FDA issued a nation-wide warning that two of the most popular anti-smoking drugs on the market, Chantix, made by Pfizer, and Zyban, made by GlaxoSmithKline, have been linked to severe depression and suicide in a number of patients.

For Zyban, there have been 14 reported suicides and 17 reported attempted suicides across the country.

While the FDA's statement made clear that those taking Chantix and Zyban should be extremely wary of mental illness, clinical depression, and thoughts of suicide while taking the drugs, it did not recall the drugs or tell patients to discontinue use of the drugs. Dr. Curtis J. Rosebraugh, director of the FDA's drug evaluation office, explained that smoking is a serious health risk and that the agency did not want to prevent people from kicking their habit. Instead, those taking the drugs should simply be aware of the possible side effects.

Even so, Pfizer will add a black box warning to Chantix, while Glaxo plans to expand it's already-existing warning to include suicidal thoughts. In addition the FDA will require both companies to run clinical tests to further study the connection between the anti-smoking drugs and the risk of suicide.

Sales on both drugs are falling and expected to fall further, though representatives from both companies explained that the suicide link was known by doctors and patients before the FDA's warning and should not be a huge, drastic blow to sales.

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Virginia Texting Ban To Take Effect July 1 – $20 Fines For Texting Or Emailing

Since mobile devices, texting, and emailing have increased in popularity over the last few years, many lawmakers have worried about the increased number of car accidents, car accident injuries, and car accident fatalities caused by cell phone texting and Blackberry emailing.

Following in the footsteps of a number of other states, the Virginia General Assembly passed a new law banning texting and emailing while behind the wheel. The new law goes into effect on July 1, 2009, after Virginia lawmakers decided that distracted drivers were causing too many traffic accidents and taking too many lives.

Drivers caught texting while driving will face a $20 first offense fine and a $50 fine for a second offense. However, it should be noted that texting and driving is a secondary offense - you cannot be pulled over by a Virginia State Police officer solely for texting while driving - you must break another driving law first. For example, a person texting while driving who is following all rules of the road cannot be fine, although a person texting while driving who has just run a stop sign or broken a speed limit may face multiple citations.

There are also a few drivers who are exempt from the new Virginia texting law - police officers, drivers who are parked, and emergency responders won't have to stop using their mobile devices.

The Virginia Department of Motor Vehicles reports that 28,395 car crashes occurred in Virginia last year that involved driver distraction - and many think that these estimates are low. Of the 28,395 accidents, 114 people died and 14,480 were injured.

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FDA Seizes Dangerous Prescription Drugs From Caraco Pharmaceutical Laboratories

Today the Food & Drug Administration seized 33 generic drugs and ingredients from the Caraco Pharmaceutical Laboratories worth an estimated $20 million. The potentially defective drugs were seized after the company's continued failure to meet drug manufacturing regulations and requirements. However, the FDA also told consumers not to interrupt taking any Caraco drug they are on until the FDA notifies the public of any risk discovered after they analyze the drugs.

"The FDA is committed to taking enforcement action against firms that do not manufacture drugs in accordance with our good manufacturing practice requirements," said Dr. Janet Woodcock, director of the FDA's Center for Drug Evaluation and Research. "Compliance with these standards prevents harm to the public."

Earlier this year, Caraco received two separate warnings from the FDA regarding their manufacturing practices. When the FDA returned to check on improvements, they still found 18 different objectionable conditions at the factory and decided to take action. Two of the objectionable conditions included the improper control of their raw ingredients and too much variation in their tablets.

Since January, Caraco has voluntarily recalled drugs the FDA deemed defective, including oversized pills with possible errors in contents due to manufacturing defects. The company makes a number of different generic drugs that treat mood disorders and pain.

Drugs Manufactured by Caraco Include:

Allopurinol Tablets
Amlodipine Tablets
Atenolol Tablets
Baclofen Tablets
Carvedilol Tablets
Cetirizine Tablets
Cetirizine IR Tablets
Choline Magnesium Trisalicylate Tablets
Citalopram HBR Tablets
Clonazepam Tablets
Clozapine Tablets
Digoxin Tablets
Flurbiprofen Tablets
Fluvoxamine Maleate Tablets
Glipizide Tablets
Glipizide/Metformin Tablets
Hydrochlorothiazide Tablets
Meloxicam Tablets
Meperidine HCl C-II Tablets
Metformin Tablets
Methimazole Tablets
Metoprolol Tartrate Tablets
Midrin Capsules
Mirtazapine Tablets
Oxaprozin Tablets
Paromomycin Sulfate, USP Capsules
Paroxetine Tablets
Phentermine HCl Tablets
Ticlopidine HCl Tablets
Tizanidine HCl Tablets
Tramadol HCl Tablets
Tramadol HCl/Acetaminophen Tablets
Zolpidem Tartrate Tablets

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Harrisonburg Cyclist Killed While Riding On North Valley Pike

Late on Tuesday night, a van driver struck and killed a cyclist on North Valley Pike in Harrisonburg, Virginia. The Rockingham County bike crash involved 54-year-old van driver Benjamin Wilkins and 40-year-old bike rider Dale Frank May, of Harrisonburg.

According to Virginia State Police, May and Wilkins were traveling the same direction down the road in the same direction at about 11 pm. May was riding his bike wearing dark clothing and without reflective gear, making him hard to see for drivers. He was also not wearing a helmet and the roadway is not lit.

Although Wilkins was driving the speed limit and although the stretch of road was straight, May was struck from the back and died instantly from his head injuries. Wilkins was driving approximately 55 miles per hour. After the impact, Wilkins and a witness tried to revive May and called for emergency help. However, Wilkins dragged the bike under his car for a moment before he realized what had happened. Virginia Police believe no foul play was involved in the accident.

Police continue to investigate the case, and are awaiting toxicology reports that may shed more light on the cause of the accident. In addition an accident reconstruction team is working to find out whether or not May was biking in the roadway or whether Wilkins was also obeying all traffic laws. Meanwhile, May's body will undergo an autopsy in Roanoke for further information regarding his cause of death. The accident took place about a mile from Harrisonburg city limits.

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Drunk, Wrong Way Driver Strikes State Trooper In Virginia Beach

On Tuesday morning, a drunk driver drove the wrong way down Interstate 264 in Virginia Beach and hit an oncoming Virginia State Police vehicle as well as a car full of teenagers. Now, the man is charged with two counts of felony hit and run, one count of driving the wrong way, and one count of drunk driving. The car accident happened at around one in the morning.

Virginia State Police Trooper Lee White was driving eastbound down I-264 when he saw 44-year-old Cleveland Robertson of Hampton, Virginia, driving westbound the wrong way down the highway. The drunk driver hit a Chevy Malibu filled with minors and then struck the Virginia state cruiser - stopping for neither accident.

"The first felony hit and run is where he struck the Chevy Malibu, continued going, did not stop for that accident, continued going and he struck the Trooper's vehicle and he continued going," said Sgt. Michelle Cotton, a spokesperson for the Virginia State Police.

White got out of his car following the accident and apprehended Robertson, whose damaged car had slowed to a stop. Robertson was intoxicated and confused, but had not been injured in either crash. He was pulled out of the car by White and fell to the ground. Authorities later learned that Robertson had spent the night drinking.

Two people in the Malibu were taken to the hospital with minor car accident injuries. Trooper White was sore from the crash but uninjured.

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Parents Sue Virginia Military Academy For Son’s Deadly Fall

Steven W. Bailey and Chanel Noel were shocked to learn that their 17-year-old son, Noel Patrick Sandy Bailey, fell from his dorm room at the Massanutten Military Academy in Woodstock, Virginia, in April 2007. Now they are suing the Virginia military school for wrongful death, claiming that the school could have prevented their son's tragedy.

Woodstock, VA, police ruled the deadly fall a suicide - and an autopsy revealed that the young man suffered from burst lungs and skull and neck fractures. Sandy had been expelled just a few weeks before graduation, after getting into a fistfight with another student after the student had insulted his girlfriend. Sandy's father had told administrators not to tell Sandy of the expulsion until his family arrived to pick him up, but Sandy was told. An official locked him in his dorm room, and the distraught boy either jumped or fell from his third floor dorm.

Former MMA President Col. Roy F. "Rick" Zinser Jr., the alumni association, the academy foundation, the school's board of trustees and a handful of other individuals are also named in the wrongful death suit.

Before he was expelled, Sandy was a homecoming king, active athlete, and model student was an aspiring Navy SEAL - and his parents were sure that he would have been emotionally traumatized by the news of his expulsion. The parents were offered a diploma in the wake of their son's death, along with an allegedly insensitive condolence letter.  

The family is suing for $25.35 million.

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Virginia Beach Votes To Ban Defective Chinese Drywall

After Norfolk, Virginia made the decision to ban the defective product Chinese drywall from use in their community, Virginia Beach, VA, has followed in its footsteps. According to the Virginia Pilot, the City Council voted on the defective product issue on Tuesday night.

This stoppage measure, which was brought to the table by Councilman Jim Wood, pushed the community to act on the matter before federal agencies came to a decision on the matter. The drywall has been causing problems in Norfolk, Chesapeake, Williamsburg, Virginia, over the past few months and many believe the product is dangerous and destructive.

Although federal investigators from the Consumer Products Safety Commission (CPSC) are scheduled to travel to Virginia to test the Chinese drywall product for defects next week, some Virginia communities are leading the charge by banning the substance before solid, scientific results for the product's defects are found.

Across the country, homeowners with Chinese drywall in their houses have complained about terrible smells, headaches, respiratory problems, and sinus problems. Others have put forth that the drywall causes metal to corrode and electric wiring to be damaged.

The Environmental Protection Agency (EPA) has already released the results of tests it conducted that compared Chinese drywall to American-made material. The tests found sulfur and two organic compounds associated with acrylic paint in the Chinese drywall that were not present in the American wallboard.

In the last 3 years, the United States imported over 300 million square feet of the Chinese drywall. In Norfolk, Virginia, it was used in the 240-unit Harbor Walk condo complex.

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Virginia Supreme Court Decision Could Change Future Wrongful Death Cases

On November 4, 2004, 84-year-old Leonard Mullins broke his hip in a fall and was taken to Lynchburg General Hospital for treatment. Mullins underwent an operation to mend his hip and was released after the treatment. However, an improperly inserted catheter resulted in an untreated urinary infection that lead to his death in less than a month.

When this case went to court, a jury found that the hospital, which is run by Centra Health, Inc., was negligent in their treatment of Mullins. The jury awarded $325,000 to the surviving members of his family, and the Virginia Supreme Court upheld this decision.

The case is particularly interesting because Virginia law states allows only one type of recovery per accident incident; that is, a victim or a victim's family cannot receive payment for both a personal injury suit and a wrongful death suit involving the same medical malpractice act. However, in the Mullins case, the jury heard evidence for both the pain and suffering of the patient and for the loss of the patient's family. Since they could only award damages in one case, the jury decided on a personal injury settlement and not a wrongful death settlement.

Although some argue that it is unfair for the jury to hear evidence related to two different claims, others think that it is wasteful to split the trial into two separate occasions. The court told the jury that the two damages instructions would be mutually exclusive, and that they could chose one. They were given a multi-part verdict form.

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Memorial Day Boating Accidents Leave Two Injured Near Smith Mountain Lake

For many Virginians, the Memorial Day long weekend signifies the beginning of the summer months and the activities that go with them - including boating and other water activities. On Smith Mountain Lake this past weekend, however, summer activities may lead to boat accidents if everyone does not stay aware and careful.

In the first boat accident, 23-year-old Shannon Harris of Bedford, Virginia was using a personal watercraft when she collided with a pontoon boat. The incident, which took place on Sunday evening near Hales Ford Bridge left the young woman with serious injuries. She was rushed to Roanoke Memorial Hospital.

A second boat accident incident in Bedford County occurred when a 44-year-old woman jumped from a boat breaking her leg. She was treated in a Lynchburg hospital and was not named.

As a safety precaution during such a busy holiday weekend, authorities set up boating checkpoints. The checkpoints resulted in one DUI arrest, several other alcohol violations, and other minor citations such as failing to keep proper lookout. All available officers were on duty for the weekend in an attempt to keep all boaters safe during the three-day vacation.

"We have two more boats coming in a couple of weeks, and this will give us seven to use in patrolling the lakes," said Karl Martin of the Virginia Department of Game and Inland Fisheries. "The Memorial Day weekend marks the start to our summer. We had moderate traffic most of the time, with several spurts of heavy boating."

An engine fire was also reported on Smith Mountain Lake last weekend, although no one was injured.

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FDA: Stop Using Hydroxycut – It Could Be Dangerous

Hydroxycut was the most popular weight loss supplement in the United States, with over one million products sold to consumers each year. With a mix of caffeine, green tea, and garcinia, the actual efficacy of the drug was always in question, although the company that makes Hydroxycut, Iovate Health Sciences Inc., claimed that the product boosted energy, burned fat, and increased metabolism.

However, on May 1, the Food & Drug Administration released a warning about Hydroxycut products, saying that the weight loss supplement had been linked to dozen of liver problems and other health problems as well -- and was therefore a defective product.

According to CNN, the company is voluntarily recalling the following products: Hydroxycut Regular Rapid Release Caplets, Hydroxycut Caffeine-Free Rapid Release Caplets, Hydroxycut Hardcore Liquid Caplets, Hydroxycut Max Liquid Caplets, Hydroxycut Regular Drink Packets, Hydroxycut Caffeine-Free Drink Packets, Hydroxycut Hardcore Drink Packets (Ignition Stix), Hydroxycut Max Drink Packets, Hydroxycut Liquid Shots, Hydroxycut Hardcore RTDs (Ready-to-Drink), Hydroxycut Max Aqua Shed, Hydroxycut 24, Hydroxycut Carb Control and Hydroxycut Natural.

The FDA released information that said 23 reports of liver injuries had been reported, including the death of an otherwise healthy teenager in 2007. Among the complaints were liver transplants, liver failures, jaundice, seizures, and heart problems.

Although the FDA said that problems with the drug are somewhat rare, the federal agency recommended that everyone should halt the use of Hydroxycut products. All adverse effects of Hydroxycut should be reported to the FDA within 15 days of the health issue.

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Virginia State Police: Memorial Day Fatalities Down On VA Roads

In many cases, holiday weekends can be a dangerous time to be on the road, with drunk drivers and fatigued drivers making bad decisions and causing traffic accidents. However, Virginia State Police reported this morning that highway fatalities for the Memorial Day long weekend were down significantly. Last year, the holiday weekend resulted in 18 deaths from car wrecks in three days. This year, the holiday weekend resulted in just three deaths.

A Bland County man, 20-year-old Christopher Wayne Hounshell, died on Route 622 in a single-car accident when he lost control of his vehicle and hit an embankment one mile from Route 42. He was not wearing a seatbelt.

A Bluefield, VA, woman, 70-year-old Ailene Lockhart, was killed when her car was struck by an oncoming vehicle while trying to pull out into an intersection. The collision took place at the intersection of U.S. 460 and Route 1509. The woman was wearing her seatbelt at the time of the accident.

A 71-year-old Danville, VA, man named Dallas KcKinley Bowen was killed on Friday in a one-vehicle accident in Pittsylvania County on Route 724. The man lost control of his vehicle and hit a tree at 8 a.m. near the intersection of Route 742.

In addition, highway fatalities in Virginia have been down in general in 2009. By this time last year, 317 people had died on Virginia roads and highways. This year, 257 people have died in car accidents. This improvement may be connected with Virginia's official plan to reduce traffic accidents.

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One Missing, One Dead In Virginia Beach Boat Accident

According to the Virginian-Pilot, two fisherman were involved in a boating accident this weekend near the Chesapeake Bay Bridge Tunnel. While one boater was rescued off of some rocks near shore, the other boater died from the boat accident.

The two men, who were not identified, but who are said to be residents of the Virginia Beach area, left on their 14-foot aluminum fishing boat last night, but ran into trouble when the boat began to take on water and capsized.

The two men, who were both wearing life jackets, clung to the boat in the frigid water but then decided to swim for shoe after midnight. One man made it to shore and was rescued during the night and taken to Sentara Virginia Beach General Hospital suffering from hypothermia. Authorities say the man swam to some rocks near a fishing pier and screamed for help. The other man, who died from the boat accident, was spotted by a Coast Guard helicopter early this morning and then recovered by a Coast Guard boat.

Boats from Virginia Beach Fire and Rescue and emergency response boats from Norfolk, Virginia, aided the Coast Guard in the search. The search boats first discovered the capsized boat and then organized its search based on the boat's location. However, strong currents in the area caused the boaters to drift. The water temperature that night was below 60 degrees.

The boat accident is now under investigation by local authorities.

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April 29 Is Distracted Driving Awareness Day In Virginia

Although drunk driving and driving while fatigued are often in the spotlight for causing car crashes and other vehicle accidents, one of the most common causes of car wrecks is often overlooked: driver distractions. This month, Virginia Gov. Tim Kaine, DRIVE SMART, the Virginia Highway Safety Office and the Virginia State Police are working together to recognize April 29th as Distracted Driver Awareness Day across Virginia.

According to the Virginia Tech Transportation Institute, a staggering 80 percent of car crashes and 65 percent of near-crashes are due to driver distractions that take place within three seconds of the accident or near-accident.

Driver distractions can be caused by any number of things: talking on the cell phone while driving; texting while driving; eating while driving; applying makeup while driving; looking at a map while driving; changing radio stations while driving, reaching for something in the backseat while driving; or taking your eyes off of the road while driving.

As part of Distracted Driver Awareness Day, the Bluefield, Virginia, Police Department will increase patrols to hopefully make drivers more conscious of the dangers and consequences of driver distractions in their own lives.

"Those three seconds of distraction from doing something like checking out your hair in a rear view mirror, talking on a cell phone, sending or reading text messages or eating can change the life of the driver as well as the lives of all of their family members and the lives of every family touched by the accident," said Bluefield Police Chief Harry Cundiff.

Virginia lawmakers are also taking on driver distractions - in 2009 the Virginia General Assembly passed a bill outlawing texting while driving starting July 1.

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VA Delayed Breast Cancer Diagnosis Leads To $7.5 Million Medical Malpractice Award

The Free Lance Star reports that a Spotsylvania Court jury has ruled in favor of a Virginia cancer victim in a medical malpractice case involving a missed breast cancer diagnosis.

In 2003, Eleanor Browder went to her doctor, Donna Gamache, with complaints of a lump in her right breast. A nurse practitioner at the Fredericksburg, VA, family practice did a mammogram of the breast, but Gamache did not order further tests, such as a biopsy or ultrasound, to find out what the lump was if it was indeed not a cancerous lump.

The lump grew to the size of a lemon before Browder returned to the doctor. By the time the cancer was found, it was Stage Four and incurable. She underwent a double mastectomy, radiation, and chemotherapy, but Browder's cancer spread to her stomach and brain and died a year ago. If her breast cancer had been treated earlier, she would have had a significantly greater chance of survival. Her husband and grown children pursued the medical malpractice case after her death.

The jury awarded $7.4 million to the family, although the medical malpractice cap at the time of the incident is $1.65 million. Gamache, who faced another major medical malpractice case in 2005 when she failed to diagnose a severe spinal condition in a patient, is not yet seeking an appeal.

The jury deliberated for five hours before coming to the decision to award Browder's family for economic loss, medical expenses, and solace. This was one of the largest medical malpractice settlements in the history of Virginia.

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Arlington Woman Awarded $3.2 Million After Ikea Accident

A woman shopping in the Potomac Mills Ikea furniture store in Virginia was seriously injured when more than 350 pounds of countertop merchandise fell onto her. Now, a Fairfax County jury has awarded 36-year-old Xiaolei Zeng $3.2 million in damages.

On July 26, 2008, the woman went to the international furniture store in search of a table. While pursuing the discount bin, display countertops and one door fell onto her without her touching to objects. The materials, made of particleboard and granite, crushed her pelvis in four places. She now has a metal plate in her pelvis and still suffers from back pain two years later, although she is trying to exercise regularly to reduce her chronic injuries.

The injury has ended Zeng's passion of traveling - the woman can now only walk short distances and sit for short spans of time.

During the trial, Zeng's injury lawyer argued that the countertops were being held by a single bungee cord, and that they were stacked dangerously on their side. No one at the store was aware how much weight a bungee cord could hold.

After three days of testimony and medical expert questioning, the Fairfax County jury awarded Zeng money for past and future pain and suffering, loss of wages, and medical costs. They deliberated for three hours.

Zeng hopes the case and the jury decision spreads awareness about consumer safety while shopping in stores.

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Hampton University Track Team Involved In I-64 Crash, 15 Injured

WTOP.com reports that a multiple-vehicle chain-reaction car crash on Interstate 64 left 15 people with injures on April 4, 2009. The crash involved a van carrying 15 members of the Hampton University track team, 11 of whom were injured in the wreck. The accident took place in the late morning, briefly slowing the morning commute traffic.

The crash took place near Hampton, VA. Although the investigation is continuing, police say that a delivery truck was driving recklessly and initially caused the traffic accident. However, two vans following behind the delivery truck were not driving at safe distances from the vehicle, causing further trouble on I-65 as several cars were not able to stop in time to avoid the wreckage in front of them.

Four people aside from the Hampton University track team were injured in the accident. However, authorities have reported that no one suffered life-threatening injuries.

According to Virginia State Police Sergeant Scott Edelman, three different drivers have been given citations for driving offenses in the hours after the crash. Kenneth Briggs of Norfolk, Virginia, was driving a delivery truck and was charged with reckless driving. Aldrin Gray of Hampton, Virginia, was driving a van and was charged with following at an unsafe distance. Finally, Elizabeth Neher of Falls Church, Virginia, was also charged with following in her van at an unsafe distance.

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Details Revealed About Virginia Drug Maker Wrongful Death Settlements

What does the Freedom of Information Act mean for Virginians? In this case, it means that important details about four Virginia wrongful death cases were released to the public despite some trying to keep the public documents confidential.

The Richmond Times-Dispatch and the Free Lance-Star of Fredericksburg challenged the ruling to keep wrongful death information and details from the public - and the Virginia Supreme Court agreed that the public had a right to exam the wrongful death settlement documents. The result was that newspaper readers across the state were informed of a multi-patient wrongful death lawsuit that involved a defective drug and medical malpractice.

The controversy and subsequent settlements involved Mary Washington Hospital's cardiac unit, four patients, and four patient deaths. According to records, patients were dying or becoming seriously ill after having heart operations that involved the drug Central Admixture cardioplegia in both 2004 and in 2005. The drug, which paralyzes the heart during cardiac surgery so that the doctors can successfully operate, caused the hospital to close their cardiac unit for two weeks to investigate the causes.

Two years later, in 2007, the pharmaceutical company and the patient families settled the wrongful death claims in a Spotsylvania County Circuit Court. Although the settlement details were not reported in full, protests from two newspapers and appeals to the Virginia Supreme Court allowed some information about the cases to be release, including the fact that the four wrongful death claimants received a total of $5.5 million.

While some argue that the settlements of wrongful death cases should be kept secret for privacy reasons, other believe that the details should be made public, so that citizens can be informed of the charges and results, and so that family members who are entitled to part of the compensation can become involved.

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Culpeper County Collision Kills Four, Involved Alcohol

The Richmond Times-Dispatch reports that  a head-on collision probably caused by driving under the influence took the lives of four people in Culpeper County in Virginia. The accident, which involved an SUV and a sedan, took place on Route 3 near Route 739 outside of Stevensburg, VA, ten minutes before three in the morning on March 22.

The driver and the sole occupant of the SUV was reportedly driving on the wrong side of the two-way highway, causing the head-on crash at a curve in the road. The sedan contained five friends who had gone out for a nice of fun. Three out of six people involved in the accident had attended William Monroe High School in Greene County, Virginia.

Virginia State Police identified the victims as Tyler Scott Harlow, 20, and Joseph Lee Sahnow, 20, both of Ruckersville; Tianna V. Jones, 19, of Stanardsville, and James B. Cook, 21. All four victims died at the scene of the accident. Some were wearing seatbelts while others were not buckled up.

The only survivor in the sedan was 27-year-old Howard John Steiniger of Fredericksburg, VA, who was rushed to Mary Washington Hospital along with the driver of the SUV. Route 3 was closed until about 9 a.m. in the morning as investigators collected evidence and emergency crews cleaned up crash debris.

Members of the Culpeper County Sheriff's Office, the Brandy Station Volunteer Fire Department, the Culpeper Volunteer Fire Department, the Richardsville Rescue Squad and Culpeper Rescue Company 12 assisted at the scene. Steiniger and the SUV driver both remain in stable condition with serious injuries at the Virginia Commonwealth University Medical Center in Richmond.

The investigation is ongoing, and charges have not been made yet in the case. However, Virginia police authorities have confirmed that alcohol was a factor in the accident.

The two-lane curve of Route 3 is a common scene of car wrecks and has seen a number of deadly accidents in past years.

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Democrats Move To Overturn Medical Device Immunity For Manufacturers

This month, the Wall Street Journal reports that federal Congress democrats have submitted legislation that would make it easier for consumers harmed by medical devices to sue the manufacturers who put them on the market. This new proposal from lawmakers comes just a day after the federal Supreme Court ruled that some faulty medical device victims may sue manufacturers.

Last year, the Supreme Court made a controversial decision concerning a ruptured catheter injury claim. The case, Riegel v. Medtronic, was a victory for the medical device industry and set a standard for similar future cases.

However, this year, another Supreme Court case, Wyeth v. Levine, upheld the over six million dollar state jury verdict of a man who was injured by an anti-nausea drug. The man, who was a musician before his accident, was forced to have his arm amputated after the drug was injected into him.

Now, the Medical Device Safety Act of 2009 would solidify the Wyeth v. Levine ruling and nullify the earlier ruling, setting forth a solid outline of rules for pharmaceutical companies and medical device businesses. Although a similar bill was put forth last year and blocked by industry-friendly Republicans, some think the Act has a better chance of passing this year with the help of a more liberal Congress.

While some medical device lawyers think the act would lead to inconsistent medical device guidelines across states, which could be confusing, other lawyers think that the new law would give more of those injured or killed by medical devices a better chance in state courts.

As of now, federal judges can still use the older medical device rulings to guide their own decisions - The Wall Street Journal cites one case in Minneapolis this year that was thrown out based on Riegel v. Medtronic despite the fact that the thousands of paitents involved in the lawsuit suffered from defective heart defibrillators with faulty wiring that could cause great harm or death.

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Driving Simulator In Norfolk Teaches Kids About Cell Phone Distractions

The Virginia-Pilot reported this month on a pilot study conducted by the Children's Hospital of The King's Daughters and Eastern Virginia Medical School on teens and driving distractions.

The study, conducted in Norfolk, VA, put a couple dozen Virginia teens between the ages of 16 and 18 in a driving simulator and told to take to the virtual road while trying to send text messages or change the music on an MP3 player. Those who conducted the small study hope that it will affect Virginia lawmakers who are being faced with the decision of outlawing certain activities for teens while driving, such as using mobile devices and cell phones.

The 22 teens who participated in the driving safety study all hailed from Hampton Roads and were paid a small amount for their involvement. The study took place at Sentara Norfolk General Hospital.

During the driving test, the teens were asked to drive the simulator while making and receiving cell phone calls; sending and receiving texts; and while changing the playlist on an ipod.

The results were not very surprising: driving distractions like cell phone and ipods lead to more accidents and less attention on the road. Researchers found that using these small devices while driving lead to variations in speed and to increased swerving. Students found themselves slamming on the breaks more often, swerving at the last second to avoid obstacles, and even hitting virtual pedestrians and dogs.

"Motor vehicle accidents remain the No. 1 cause of deaths among adolescents," said Erin McGuire, one of the researchers on the driving safety project. "This may be attributed to the fact that teenagers generally engage in more high-risk behaviors than their adult counterparts and may not view certain driving behaviors as risky."

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Six Giles County Firefighters Injured During Truck Crash

When a Giles County firefighter in training lost control of his vehicle, the fire truck rolled, injuring all six firefighters inside. The firefighters were all members of the Pearisburg Volunteer Fire Department.

The incident took place on March 22 on a road near Pearisburg at roughly 8 a.m. one mile west of Rout 794. Virginia State Police say that the fire truck struck a tree and rolled down an embankment, flipping over several times in the process.

"The accident occurred at a slight curve on a narrow road," Sgt. Michael Conroy, spokesman for the Virginia State Police Wytheville, Fourth District Area Headquarters said. "The firefighters were on a training mission when the fire truck slipped off the right side of the road, struck a tree and rolled several times down a hill."

Police ticketed the driver, Daniel Johnson, who caused the truck accident with failing to wear a seat belt and failing to maintain control of his vehicle. However, police also say that speed was not a factor in the truck wreck.

The fire fighters involved in the truck crash were Matthew Clark, Jesse Pennington, Christopher Conley, Timothy Monday and Amber Martin. All six people involved in the truck rollover accident were taken to area hospitals where they were treated for various minor injuries and released.

According to WDBJ News Channel 7, $50,000 of damage was done to the fire truck during the traffic accident, but that the service vehicle was not totaled and would be repaired.

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Fatal Staunton, Virginia, Car Accident Ends In Manslaughter Charge

Twenty-one-year-old Jeremy Rasnake of Staunton, Virginia, was sentenced to four months in jail this Friday after standing trial for involuntary manslaughter. The case involved a fatal car crash that took place on U.S. Route Highway 340 in Stuarts Draft on May 23 of last year.

Rasnake was given his verdict in the Augusta County Circuit Court, after standing trial before a jury consisting of 11 women and one man. His formal sentence will come at the end of March. Involuntary DUI manslaughter cases can carry a maximum of 20 year prison sentence.

What happened in the days, hours, and seconds before the fatal crash varried. The fact of the case remain that Rasnake's Bronco drifted over the double yellow centerline and caused a head-on accident with 40-year-old mother of three Cheryl Lynn Sheaves of Grottoes, VA. Another car was also involved in the accident, but no injuries occurred. Sheaves was rushed to the University of Virginia Medical Center in Charlottesville, but died of her injuries two days later.

The defense said that Rasnake had drank a few beers the night before the accident, slept for a few hours, and then fell asleep at the wheel. The accident, they contended, was due to drowsiness and that alcohol was not a factor.

The prosecution argued that since Rasnake's blood alcohol level was still slightly above the legal limit, at 0.09, he was driving under the influence after a night of heavy drinking and alcohol was a factor in the case. The defense argued that the man's blood alcohol level was probably lower than what registered on the breathalizer. Staff from the hospital said that Rasnake was indeed intoxicated two hours after the accident took place.

"This accident was caused by this defendant," the lawyer said during closing statements, pointing at Rasnake, "under the influence."

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Bill to Ban Texting While Driving In Virginia Moves Forward

Tidewater News reports that Virginia is moving closer toward a text message ban for drivers of all ages. Currently teenaged drivers are not legally allowed to use any mobile device, including cell phones or PDAs, while driving.

This week, the Virginia Senate Transportation Committee gave House Bill 1876 its initial approval and the law will move to the General Assembly for a vote in the coming weeks. The bill passed the committee by a vote of 12-3.

Similar bills involving both texting and talking on a handheld cell phone while driving are becoming popular around the country as more and more research points to the dangers of new communication technology. The bill in Virginia is being sponsored by Delegate John Cosgrove, a Republican representing Chesapeake, VA.

"I really believe that a driver should pay attention to their driving and not be looking at a very small display on a PDA and using both hands to send text to another," he said.

The bill bans drivers from manually entering letter or numbers into a device while driving. Two exceptions include the use of a GPS global positioning system as well as the use of any device to report an emergency (such as a traffic accident or car wreck) to police. Violators would be cited and fined $20 for their first offence and $50 for each offence after that.

Those opposing the bill had concerns that law enforcement officers would be wasting their time enforcing this law as opposed to more serious offences such as reckless driving. Others point to the issue of the difficulty of enforcing the law at all. Still others think that there are already sufficient laws on the books - laws that put forth that drivers must pay attention to the road while operating a vehicle.

Even the CTIA Wireless Association supports the bill, agreeing that safety is the primary issue and that texting is indeed a serious driving distraction. John Walls, VP of public affairs, suggests the move to hands-free devices for all drivers.

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Virginia Department of Agriculture Grapples With Peanut Product Recall

WSLS Channel 10 CBS out of Roanoke, Virginia, reports that peanuts are now safe to eat according to the Virginia Department of Agriculture, who released a press release this week on the subject.

In January, a national rash of salmonella cases across 46 states made over 600 people ill and caused a confirmed six deaths. The salmonella was traced back to a peanut factory in Georgia, where the contamination likely took place. The recall that followed the outbreak is ongoing, with many stores, food banks and organizations pulling defective peanut products and any foods containing peanuts or peanut butter off of their shelves.

With the worst of the salmonella peanut outbreak over, Virginia government officials are now trying to stop any damage that might be done to the peanut industry in Virginia, which is valued at $12 million a year according to the Associated Press.

Peanuts were planted on 24,000 acres last year in Virginia, but this year some are estimating that this number will drop by half. Shelling plants, which are also common in Virginia, are expected to feel the impact of the product defect long into next year. In addition a number of food processors that involve peanut will be affected.

On February 11, the Virginia Department of Agriculture And Consumer Services made an official announcement to the public that Virginia peanut - in and out of shell - were safe for everyone to eat and enjoy.

"Virginia peanuts, because of their superior quality, are generally sold as shelled or in-shell peanuts, and these products are safe to eat," said Department of Agriculture Commissioner Todd Haymore. "They have not been implicated in the recent recall of manufactured products using peanut paste from a single supplier."

The sale of Virginia peanut products - despite their distance from the controversy and food poisoning health concerns - is down 30 percent this month.

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Girl Dies In Bridgewater, Virginia, House Fire – A Second Victim Is Severely Burned

According to DNRonline.com, reporting out of Harrisburg, Virginia, a house fire in Bridgewater, VA, left one man injured and a woman dead. How the fire started is still under investigation, according to Rockingham County authorities, although firefighters said Tuesday that they were sure the blaze was accidental.

The Main Street fire began before 7:30 am, when firefighters and emergency workers from Bridgewater, Harrisburg, and Weyers Cave responded to the call. By the time they arrived, the fire and consumed multiple rooms of the rented house and was in advanced stages that proved too dangerous for firefighters to enter the premise.

The fire was contained by Firefighters in roughly a half-hour.

The primary renters, Johnny and Terry Cardoso, had left the house for work earlier in the morning and were not present when the fire started. Their son, 20-year-old Johnny Cardoso Jr., and his girlfriend, 17-year-old Nicole Nicholson, were asleep in the house, having finished a joint shift at Taco Bell together earlier that morning.

Johnny Cardoso Jr. was seen staggering from the house with burns. Nicolson was killed in the fire. Her body was recovered from an upstairs bedroom of the house after the blaze was contained and the house was found safe to enter. Cardoso Jr. was rushed to the University of Virginia Medical Center in Charlottesville, where his condition has been upgraded from serious to fair.

The Cardoso family had lived in the house for more than a decade.

A neighbor, Judy Galang, saw the fire and the ensuing commotion.

"It was very crazy," Galang said. "It happened really quickly but a lot of people came to help."

Lt. Mike Armstrong, assistant fire marshal with Rockingham County Fire and Rescue, told reporters that although they are still unsure of the cause of the fire, it probably began in the front, left-side room on the first floor.

"It's accidental. We do know that for sure," he said.

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Virginia Asthma Patients Struggle With Ineffective New HFA Inhalers

On January 1, drug companies halted the production of CFC albuterol inhalers for asthma patients - the ones that have traditionally been used for asthma attack relief for decades. The product has been banned not for health reasons, but for environmental reasons - the inhalers deplete the ozone layer.

The new inhalers, however, HFA rescue inhalers, are environmentally safe by already causing controversy. ConsumerAffairs.com has written an expose on the situation, which they say has affected asthma patients all over the country.

The new inhalers use ethanol, which some patients are allergic to. In addition, the device requires the patients to take deeper breaths to receive the medication - and those in the midst of an asthma attack can only take very shallow breaths. Some inhaler users think the product is dangerous and ineffective.

One asthma patient from Glen Allen, Virginia, had this to say: This is absolutely total ignorance. People having an asthma attack and in a panic state cannot breathe in deeply. People with COPD and limited lung function -when in need of medication -cannot breathe in deeply. Recent times have shown the FDA's inability to properly understand and evaluate these life-altering decisions. If allowed to stand, these bureaucrats and their abettors will have successfully reduced the quality of life for millions of lung disease sufferers throughout the world."

The new product also costs ten times more than the old CFC device because the new product won't have a generic counterpart for seven more years.

The ban is an international one, known as the Montreal Protocol. Although the Food And Drug Administration has said that the new inhalers fell and taste different, they still work. Other health organizations have agreed, although many do say that patients need to breathe more deeply to reach the same affect as the old inhalers.

Over 400 asthma patients over the last two months have filed former complaints with the FDA. The Environmental Protection Agency, which heads the effort to regulate CFC, deferred to the FDA for answers. Currently a group plans of petitioning Congress concerning the safety of the new inhalers and the possibility that new CFC inhalers could be manufactured.

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5 patients died on his watch. Now his license is on the line.

A Virginia Beach doctor who has treated thousands of patients for chronic pain could have his medical license revoked after at least five patients died under his care.

For more information, follow the link below.

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Anatomy of accident reconstruction

In any police department, reconstructing a fatal accident requires using technical gadgets, solving complex mathematical equations, capturing hundreds of images from the accident scene, and "good old-fashioned" practices like taking measurements and gathering witness testimony.

For more information, follow the link below.

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Police: Truck was speeding before fatal N.C. crash

An investigation was continuing after a woman was killed early Tuesday when the pickup truck she was in ran off Weeksville Road and hit a culvert.

Ashley Overton, 19, of Elizabeth City, died after the driver ran off the right side of the road in Pasquotank County, overcorrected and ran off the left side before flipping three times and hitting the culvert, said Trooper D.M. Banks of the North Carolina State Highway Patrol.

For more information, folllow the link below.

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Jet-crash survivors taking Norfolk company to court

A trial in a civil liability case against a Norfolk-based jet company in a 2006 crash has been delayed because an expert witness was not available, a lawyer said Tuesday.

No new date has been set for the trial, which had been set for Monday, said James C. Lewis, an attorney representing the survivors of a 2006 jet crash in Connecticut.

For more information, follow the link below.

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Beach police identify N.C. man killed in Monday crash

Virginia Beach police have identified the man killed in a vehicle roll-over Monday night as Matthew Lee Burnette, 25, of Knotts Island, N.C.

Burnette was a passenger in a truck driven by Allan James Tauchen, 25, of the 5300 block of Blackwater Road in Virginia Beach, police said. Tauchen was charged with involuntary manslaughter and DUI after the truck rolled over in the 2700 block of Seaboard Road, police said.

For more information, follow the link below.

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Seven-month-old boy dies after Suffolk car crash

A 7-month-old baby died today after being ejected from a car that ran off Holland Road and hit a tree early this morning.

The preliminary investigation indicates the boy's father fell asleep while driving, said Suffolk city spokeswoman Debbie George.

For more information, follow the link below.

 

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Had a little too much? They'll get you and your car home

You're at a bar. Been there for a while, drinking. It's time to head home, but you drove and don't want to leave your car behind. Your friends? They're in the same sorry state.

Now what?

For more information, follow the link below.

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Sisters are in critical condition after crash

VIRGINIA BEACH — - Two sisters, aged 2 and 3, are in a critical condition after the car they were in was hit by a tanker truck in Virginia Beach Tuesday, police say.

The crash happened at around 1:30 p.m. at General Booth Blvd. and Hubbell Drive.

For more information, follow the link below.

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78-year-old woman killed in car crash

VIRGINIA BEACH - A 78-year-old Virginia Beach woman died over the weekend after she turned her sedan into the path of an oncoming SUV, police reported today.

Todd N. Breeding, a woman who lived on North Landing Road, died on impact, police spokeswoman Margie Long said.

For more information, follow the link below.

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Woman dies after crash in Virginia Beach

A 54-year-old woman died early Thursday morning after a pickup truck hit her SUV from behind as it was stopped on Military Highway following an earlier traffic accident.

For more information, follow the link below.

 

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Speed caused crash that killed Green Run students

Police have determined that speed was the cause of the wreck that killed three Green Run High School seniors on Friday afternoon when the car they were in crossed the center line on a rural stretch of Salem Road and was hit by a van.

For more information, follow the link below.

 

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Woman run over and killed by her own car in accident

VIRGINIA BEACH  -- A Norfolk woman was killed when she was run over by her car.

Police say 54-year-old Faye Hinton rear-ended a vehicle on S. Military Highway at Providence Road Wednesday night.

For more information, follow the link below.

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Don't drink, text and drive

Put down the cell phone, stop text messaging and get rid of the open beer cans in your car.

State lawmakers don't return to Richmond until January, but there are a handful of proposals for new state laws that would restrict drivers when they're behind the wheel.

For more information, follow the link below.

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Woman Cut Out Of Car And Airlifted To Hospital After Accident

Virginia Beach Police say an 80 year-old woman is facing serious injuries. She was involved in an accident around 3:00 p.m. Monday afternoon.

For more information, follow the link below.

 

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Norfolk police identify man killed in crash with mail truck

Police have identified a 45-year-old man who was killed when his car collided with a mail truck this morning. 

The mail truck was turning left onto Virginia Beach Boulevard from Scott Street about 1:30 a.m., about the same time a Mercury Cougar was headed down the overpass, said Chris Amos, police spokesman.

For more information, follow the link below.

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Tragic cases bring scrutiny of midwife-attended home births

The babies, one born in June, the other in January, had several things in common.

Both their mothers wanted to deliver at home, attended by Virginia Beach midwife Kristina Zittle, rather than in a hospital. Both mothers were obese. Both babies were turned the wrong way in the womb, according to records.

For more information, follow the link below.

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Two pedestrians hit by car may face charges

 

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Man killed in motorcycle crash in Campbell Co.

A 61-year-old Virginia Beach man died Sunday morning when his motorcycle crossed over a median on Route 460 and hit another vehicle, Virginia State Police said.

Trooper Brad Crews said Kenneth Leroy Plopper was traveling eastbound on Route 460 in Campbell County when he crossed over the median and hit a Ford Escape traveling west on Route 460 head on.

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Norfolk man faces charges after hit- and- run accident

 

State police say a Norfolk man who was allegedly intoxicated left the scene of an accident, earning several charges.

Cory T. Wilson, 29, of 1811 Route 420, was charged Saturday with driving while intoxicated, leaving the scene of a property damage accident, failure to use designated lane and operating a motor vehicle while using a mobile phone, police said.

For more information, follow the link below.

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Pilot employee killed, woman injured in Virginia Beach crash

A longtime employee of The Virginian-Pilot was killed and a woman was injured this morning in a crash at Princess Anne Road and Lynnhaven Parkway, police said.

The crash was reported about 7:40 a.m. near the Wal-Mart after a truck and car collided, said Adam Bernstein, a police spokesman.

For more information, follow the link below.

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Crashes are fatal to eight people in Virginia

Elizabeth C. Mitchell, 43, of Virginia Beach died Saturday night at Norfolk Sentara General Hospital from injuries in a crash that morning. Mitchell was driving a three-wheel, custom motorcycle south on Princess Anne Road, just north of Locksley Arch in Virginia Beach, about 10:55 a.m. when the motorcycle ran off the road to the right and rolled over, ejecting her, Virginia State Police said. She was wearing a helmet, police said.

For more information, follow the link below.

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Bus crash in Norfolk sends four to hospital; one driver said seriously hurt

Two middle-school students and the drivers of a city school bus and a car went to the hospital this afternoon after a collision in the Colonial Heights area. Injuries to the car’s driver, a woman believed to be in her late 80s, were possibly life-threatening, police reported, but not serious for the others.

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Beach woman dies in trike accident

 

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Jeffrey Breit Honored by Law School for Outstanding Service

 

NORFOLK, VIRGINIA - SEPTEMBER 2, 2008 - Jeffrey Breit, partner at Breit Drescher & Imprevento and adjunct professor of law at the College of William and Mary, is the 2008-2009 recipient of the St. George Tucker Adjunct Professorship Award. The award, first presented in 1995, is given each year to a member of the Law School adjunct faculty and is selected by nomination from the Law School community for outstanding service. Over the last 4 years, Breit has served as a Professor of Law and Coach of the Trial Team. He also helped develop a new voluntary clinic within the law school called Parents Engaged for Learning Equality (PELE). The program provides free legal representation for families of disabled children to present their cases to public schools in order to receive the financial assistance they are entitled to under federal and state laws.

 

"It is such an honor to be recognized for such a prestigious award by my colleagues," said Breit. "It was when I was in college working with a federal court judge in New Orleans that I realized my passion for the law. I hope my students are equally inspired by what they learn here at one of the best law schools in the country, and look to us to help them to grow in their professions even beyond school."

 

The St. George Tucker award was presented to Breit by Interim Dean Lynda Butler during a luncheon at the college's historic Wren Building on September 2.

 

Breit, a native of the Tidewater area, earned his Juris Doctor and Bachelor of Arts from Tulane University in Louisiana, and has been practicing law for more than 30 years. In 1988, Breit left the firm where his father had practiced and together with Jack Drescher started Breit, Drescher & Imprevento, a law firm specializing in representing injured victims located in Norfolk, Virginia. He was instrumental in persuading the Virginia's General Assembly to raise the cap on damages plaintiffs may receive in malpractice suits. He is a member and past president of the Virginia Trial Lawyers Association and both he and his partner, Jack Drescher, have been recognized by publications of the Best Lawyers in America and Who's Who in American Law.

 

Breit, Drescher & Imprevento represents plaintiffs in a wide variety of personal injury matters including defective products, automotive accidents, medical malpractice and nursing home abuse. The firm tried and settled over $100 million dollars worth of cases in the last ten years and has successfully prosecuted some of the largest personal injury award settlements in Virginia, including a $22 million settlement against a major public utility.

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FDA Posts Quarterly List Of Questionable Drugs

For the first time, the Food and Drug Administration (FDA) is publishing a list of drugs on the market that are under review for safety issues.  Expect the list to be updated quarterly so consumers can check in regularly to see which of their prescriptions may be under the microscope. 

For more information, follow the link below.

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Did Medtronic Promote Dangerous Off-Label Use of Infuse Bone Graft?

Off-label use of Medtronic’s Infuse Bone Graft has been linked to serious, life-threatening complications in some patients.  According to a new report in The Wall Street Journal, there is some evidence that Medtronic may have promoted the off-label use of the Infuse Bone Graft.  Promoting the off-label use of a medical device is illegal, although doctors are allowed to use a device anyway they see fit.

For more information, follow the link below.

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U.Va. Law Professor's Early Offers Program Would Improve Tort System

(Media-Newswire.com) - Aug. 19, 2008 — An "early offers" program in which medical malpractice and product liability lawsuits could be quickly settled would improve a tort system that is often slow, expensive and unfair, according to a new book co-authored by University of Virginia law professor Jeffrey O'Connell.

In "A Recipe for Balanced Tort Reform," published by Carolina Academic Press, O'Connell and Professor Christopher Robinette of the Widener Law School examine the shortcomings of personal injury litigation, especially as applied to medical malpractice and product liability cases, and propose reforms. 

For more information, follow the link below.

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Truck's crash forces closure of I-81 lane

A tractor-trailer wreck in Rockbridge County closed one lane of Interstate 81 on Wednesday night, but no one was seriously injured, according to Virginia State Police.

Trooper W.L. Warren said a 2006 Freightliner truck jackknifed in the northbound lanes of the interstate near mile marker 190.7 about 7:15 p.m. The truck went off the left side of the road and through the guardrail.

For more information, follow the link below.

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Route 460 crash claims life

FRANKLIN—A Wakefield woman has died as a result of injuries she received in a violent accident on Thursday that shut down Route 460 for more than nine hours.

Mary E. Willis, 71, was pronounced dead after being transported by helicopter to Sentara Norfolk General Hospital, according to Virginia State Police Trooper S.L. Bowman.

For more information, follow the link below.

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Car Plows Into Big Top Flea Market: See The Raw Video

 

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Man pushing car, hit and killed

 

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Norfolk Southern train involved in fatal accident promotes rail safety

A Norfolk Southern train struck and killed a man Tuesday night in Roanoke.  Ironically, the train is the same one Norfolk Southern uses to promote rail safety.
 
The man was hit by the Operation Lifesaver train as it pulled into Roanoke for an educational trip to Lynchburg.  The death is exactly what Norfolk Southern is trying to prevent.

For more information, follow the link below.

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Beach Police investigate motorcycle accident

 

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Five are killed in crashes on Virginia roads since Thursday

Two people died yesterday in early morning crashes on Virginia roads, Virginia State Police report.

Matthew B. Thomas of Charlottesville died when his motorcycle struck a building at Plank and Johnsons roads in Albemarle County, police said. He died at the scene shortly after 1:30 a.m., police said.

For more information, follow the link below.

 

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Canadian Family Suffers in Virginia Truck Accident

Shock and sadness have gripped a Hamilton community after three members of a family of five were killed in a collision as they were travelling to a vacation spot in the United States.

Bill and Sandra Smith and their seven-year-old daughter Kaylee were killed Thursday when the family's SUV collided with a tractor trailer on Interstate 77 in Virginia as they drove to Myrtle Beach, S.C..

For more information, follow the link below.

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Mike Imprevento Sets ECTA Land Speed Record on 2005 Harley Davidson Electra Glide

Yes, Mike Imprevento actually rides motorcycles! He took it to the next level by bringing his modified Harley Davidson to Maxton, NC on June 27-28, 2008 to run the Maxton Mile.  ECTA technical staff classified his street legal bagger in the Modified Production Streamlined Pushrod Gas 3000/4 Class and Mike broke the existing record on June 28 by running 129.47mph from a standing stop to the timing lights one mile down the track. This record was also set on his initial licensing run for his Category D ECTA license, so it made the run especially exciting.

Mike’s passion for motorcycles and the sport spills over into his representation of clients who ride and are injured as the result of someone else’s carelessness. He’ll be back at Maxton in September and hopes to uphold the record and improve on it. Mike hopes that more riders who take the time to modify their bikes for such events will come and run. This represents a good way to run all out safely and legally. Listen to Mike on his radio show "Motorcycle Mania" which airs on 850AM WTAR in Norfolk, VA from 11am to 1pm every Sunday.









Click the thumbnails to view the full size images. For more information, visit the ECTA website or the Motorcycle Mania website.

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82-year-old driver dies in 80 mph collision on I-264

VIRGINIA BEACH - A motorist died this morning in a two-vehicle accident on Interstate 264.

State police spokeswoman Sgt. Michelle Cotten said the accident occurred at 7:04 a.m. on eastbound I-264 near First Colonial Road.

For more information, follow the link below.

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Man in critical condition after Norfolk accident

NORFOLK - A man was taken to Norfolk Sentara General Hospital on Monday with life-threatening injuries after he was thrown from his motorcycle near Wards Corner, Norfolk police said.

The man was thrown from his vehicle when he hit the median at Tidewater Drive and Bancker Road, said Chris Amos, a Norfolk police spokesman.

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Norfolk police investigate fatal accident

NORFOLK, VA. (WAVY.com) -- Norfolk police tell WAVY.com that a pickup truck was headed west bound in the 3100 blk. of Princess Anne Rd. at around 9 p.m. Wednesday night, when a car occupied by two females pulled off of Cromwell into the path of the pickup truck. The pickup truck struck the car on the driver's side.

For more information, follow the link below.

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Navy offers training for its motorcyclists

NORFOLK -- At the signal, the 11 riders started their sport-style motorcycles with a chirp of their ignitions. Engines rumbling and ready, they stood by for instructions.

The first exercise had them making their way around a large ellipse to warm up their tires, then easing into a weaving pattern to practice working their handlebars and looking through their turns.

For more information, follow the link below.

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Va. Beach police officers undergo DUI training

 

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Beach police search for hit and run driver

 

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Route 460 wrecks close highway

WINDSOR—Two separate afternoon wrecks near Windsor on Monday temporarily shut down U.S. Route 460 and resulted in three people being airlifted to a Norfolk hospital.

In both cases, vehicles were rear-ended by another near Cabintowne, according to 1st Sgt. Keith Whitley of the Virginia State Police.Around 3 p.m., Windsor resident Melissa Summers was westbound in the right lane, getting ready to turn in to her driveway, when her Plymouth Astro van was hit from behind by a Chevrolet pickup truck.

For more information, follow the link below.

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Boy Scout families settle crash suits

VIRGINIA BEACH -- The families of three Boy Scouts killed in a 2006 wreck have settled wrongful-death lawsuits against the Boy Scouts of America and the estate of the assistant Scout leader who was driving.

For more information, follow the link below.

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Norfolk Cyclist hit by car dies of injuries

A cyclist who was struck by a car a week ago has died of his injuries, police said Sunday.

Police identified the cyclist as Kevin L. Bragg, 26, of the 400 block of Stockton Road.

The accident happened at about 8:30 a.m. on April 27, in the 1700 block of East Little Creek Road.

For more information, follow the link below.

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Car hits Dick's Sporting Goods store in Virginia Beach

 

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Train in Crimora hits man's truck

CRIMORA — Police said a man pulled too close to a set of train tracks this morning on Forestry Center Lane, resulting in a Norfolk Southern train smashing into his pickup, Virginia State Police said.

For more information, folow the link below.

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Crashes on state roads are fatal to 4

Four people have died in crashes on Virginia roads since Thursday, Virginia State Police said.

A 26-year-old North Carolina man died Saturday in Virginia Beach after a car he was driving ran off Blackwater Road just north of Shirley Lane and overturned, state police said. Joseph Handy Hearn of Knotts Island, N.C., died at the scene of the 6 a.m. crash. He was not wearing a seat belt, police said.

For more information, follow the link below.

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Man convicted in crash that killed a Virginia Beach police officer

 

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Virginia Beach Surgeon With Bad Record Ends Up in Kansas

LEAWOOD — Surgeon Britt Borden left a trail of tears in Virginia to Washington and South Dakota before settling in Kansas.

Janice Washburn's vocal cords were damaged when Borden operated at the wrong spot on her spine in Virginia Beach, Va.

For more information, follow the link below.

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Newport News motorist, struck outside disabled vehicle, dies

SUFFOLK - A man died over the weekend after hit by a car while attempting to put gas in his stalled vehicle on a Suffolk roadside early Saturday morning.

Suffolk police report that Johnny Lee James, 25, of Newport News, died of injuries sustained in the accident. Another man was also hurt, but his injuries were not considered life-threatening.

The accident occurred in the 4800 block of Godwin Boulevard about 4:30 a.m. Saturday, Lt. Debbie George said.

For more information, follow the link below.

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Accident kills three people on Interstate 77 in Carroll County

 

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Rain causes fatal accident on Eastern Shore

 

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SC Firm Sues Railroad for $420 Million

COLUMBIA, S.C. — A textile company that closed after a train wreck and toxic chemical spill in 2005 wants the railroad to pay $420 million in damages, an attorney said Monday in opening arguments.

The Norfolk Southern wreck ruptured a car carrying chlorine and released a poisonous cloud over the mill town of Graniteville, killing nine people and injuring 250. Some 5,400 people were evacuated.

For more information, follow the link below.

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Single-vehicle crashes kill 5 during weekend in Virginia

Five people were killed in single-vehicle crashes on Virginia roads during the weekend, state police said.

Jerome Onis Rorie, 58, of Kenbridge died yesterday when his car overturned in Lunenburg County. Virginia State Police said Rorie was traveling on state Route 604, near state Route 645, when his car veered to the left and overturned at 10 a.m. He was not wearing a seat belt, police said.

For more information, follow the link below.

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Virginian Dies During Florida Bike Week

VOLUSIA COUNTY, FLa. -- It was a deadly weekend for the start of bike week in Volusia County. Five people were killed in accidents.

The driver of a truck hit the back of a motorcycle as it was pulling into the eastbound lane of SR-44, Sunday night. The two people on the motorcycle were killed when they were thrown from the bike.

For more information, follow the link below.

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The Problem with Jarvik's Prescription

For nearly two years, millions of Americans have seen television ads featuring artificial heart inventor Robert Jarvik touting the benefits of the cholesterol-lowering medication Lipitor. No longer. On Monday, Lipitor's maker, Pfizer, decided to pull the $139 million campaign after a Congressional committee raised questions about Jarvik's qualifications as pitchman.

For more information, follow the link below.

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Teen Presciption Drug Abuse on the Rise

Prescription drug abuse among teens is bringing about the country's next cultural change and Polk County is no exception to the trend, drug expert Robert Stutman told about 100 parents and community members Monday.

For more information, follow the link below.

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Man, woman sought in 2007 fatal beating

NORFOLK - Police in Norfolk are looking for an 18-year-old man and a 20-year-old woman who are the ninth and 10th people to be indicted for a fatal mob beating last summer.

Curtis Wayne Newby, 18, and Natasha O. Buie, 20, are still at large. They were indicted by a grand jury in January, and Norfolk police released their identities on Friday. Andre Cortez Gaddie was named in the same indictment and was arrested earlier this month. Seven other people are already in custody on charges related to the attack.

For more information, follow the link below.

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Congestion on Interstate 81 projected to increase

Virginia rail officials have begun a $57 million project to shift some of the freight moving on interstate highways to adjacent trains.

The topic is especially close to the hearts of Western Virginians. An estimated 60,000 vehicles a day use Interstate 81 at Roanoke, and trucks are an ever-growing presence.

For more information, follow the link below.

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Virginia Firm Recalls Chicken Products due to Undeclared Allergen

WASHINGTON, Jan 26, 2008 - Perdue Farms, Inc., an Accomac, Va., establishment, is recalling approximately 24,710 pounds of boneless, skinless chicken breast products because they may contain an undeclared allergen. The products contain an Italian seasoning which includes milk, a known allergen, which is not declared on the label.

For more information, follow the link below.

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Cordis Corporation Announces Recall of Balloon Catheters

The product has a potential for slow deflation or no deflation of the angioplasty balloon when inserted into the artery or other blood vessels. This may potentially result in a total blockage of the artery or blood vessels, resulting in a change in the heart rate or heart rhythm, injury to the heart artery, a heart attack, need for a surgical procedure or death.

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Breit, Drescher & Imprevento gets $7.5 million for teen hit by city truck

The city has agreed to pay $7.5 million to settle a lawsuit brought by a woman whose son was hit by a truck driven by a city employee.

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Police: Speed was factor in fatal car crash

GLOUCESTER - State police believe speed was a factor in the Sunday night car accident that killed two Gloucester residents and sent two brothers to the hospital with life-threatening injuries.

The four were traveling in a 1995 BMW around 10:25 p.m. when their car ran off the road and slammed into a tree near the intersection of Belroi Road and Susan Drive, said state police Sgt. Greg Mathias.

For more information, follow the link below.

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Suffolk man identified as accident victim

VIRGINIA BEACH - Police have identified the man who died on an icy Virginia Beach road Tuesday morning, when he was struck by a vehicle while calling for help after an accident.

For more information, follow the link below.

 

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Virginia Wants To Ban 'Driving While Texting'

It's called "DWT," or driving while texting on a cell phone, and state legislators in Virginia want to outlaw the practice.

Virginia's General Assembly is considering legislation so tough that even texting while driving an electric wheelchair would be forbidden, along with a ban on the practice while driving a bicycle, a motorcycle, and a moped, too.

For more information, follow the link below.

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Justices to Hear Cases on Product Liability

WASHINGTON, Jan. 18 — The Supreme Court’s already substantial investment in defining the boundary between federal regulation and state tort law grew even bigger on Friday. The justices added two new cases to their docket on drug and cigarette labeling requirements.

For more information, follow the link below.

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Medical malpractice exemption weighed for charitable care

RICHMOND, Va. - The state Supreme Court is expected to rule this spring on case that would spare tax-exempt physician foundations from malpractice suits because of their charitable care for the poor.

Parties in the debate call it the most significant matter taken up by justices regarding medical malpractice since 1990, when the court upheld the state's limit on malpractice awards.

For more information, follow the link below.

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Couple recovering after crash on bridge

A couple injured Thursday in an accident on an Isle of Wight County bridge is recovering.

The woman driver was released from the emergency room yesterday; the man remains in serious condition at Sentara Norfolk General Hospital, according to Virginia State Police.

For more information, follow the link below.

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Accident in Norfolk leaves one dead

ST. LAWRENCE COUNTY, N.Y. -- A woman is dead after a car accident in Norfolk. It happened around 8:30 a.m. Saturday on Grantville Road. State Police say Jeanne McGuire, 45, lost control of her truck on the slush covered road and slid into oncoming traffic.

For more information, follow the link below.

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5-car accident in Virginia Beach involved school bus

VIRGINIA BEACH - A five vehicle accident in Virginia Beach on South Independence near Euclid involved a school bus with kindergarten children on-board.

Virginia Beach Police said no one was seriously hurt in the accident, describing it as a fender bender.

For more information, follow the link below.

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Norfolk Truck Driver DUI Crashes Tractor Trailer

BISHOPVILLE – A Norfolk, Va. man was issued several traffic citations by both Maryland and Delaware officials this week after crashing the tractor-trailer he was driving on Route 113 near the state line on Monday morning.

A Worcester County Sheriff’s Deputy on Monday morning observed a tractor-trailer northbound on Route 113 near Route 589 traveling at an estimated 80 mph in a 55 mph zone. The deputy attempted to stop the vehicle as it approached the Maryland-Delaware line when the driver, later identified as Renaldo D. Long, of Norfolk, lost control of the tractor-trailer, struck a sign in the median and overturned before coming to rest in Delaware.

For more information, follow the link below.

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Police take charge to keep drivers safe

Charles Ansell was enjoying a slow, uneventful drive home when he saw just how fast death can come on the highway.

The 62-year-old architect and father of three was returning from a business trip to Washington, D.C., when a Honda spun past him, its grill facing his driver-side door. The car disappeared behind a veil of smoke and debris, crossed two lanes of U.S. 58 and tore into a tree.

The crash instantly killed the 24-year-old driver and seriously injured his passenger, also 24.

For more information, follow the link below.

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Smith & Nephew recalls 575 artificial knees that might run out

Nov 29, 2007 (The Commercial Appeal - McClatchy-Tribune Information Services via COMTEX) -- SNN | charts | news | PowerRating -- Medical device maker Smith & Nephew is recalling about 575 artificial knees after a manufacturing error led to concern that the devices might wear out too quickly.

The company said it distributed most of the implants in Europe, though some went to the United States and other countries. About 275 were implanted in patients. The company is trying to find the others in hospitals and distribution inventories.

For more information,

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Witness: Trooper was speeding along I-64 shoulder before crash

Moments before a state trooper crossed the Interstate 64 median and crashed head-on into a car, killing two Collinsville sisters Friday, he was speeding along the shoulder with no siren, a witness said Wednesday.

A state police investigator expressed skepticism at the account, but said she plans to talk to Navy Chief Petty Officer J.W. James.

For more information, follow the link below.

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Quaids' twins overmedication not an isolated case

A Los Angeles hospital admits to giving the newborn twins of Dennis Quaid an overdose that could have caused them to bleed to death.

It raises the question: just how common are these potentially deadly mistakes?

For more information, follow the link below.

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Man pleads guilty in deadly Beach crash

A Virginia Beach man who was driving drunk when his car crashed, killing his passenger, pleaded guilty Tuesday to involuntary manslaughter and DUI-2nd offense.

Stephen Maloney‘s 1999 Isuzu Rodeo went off Gum Bridge Road and into a culvert on Saturday, May 5. It turned sideways, hit a tree and spun around before coming to rest in a driveway.

For more information, follow the link below.

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Port releases name of Norfolk man killed in accident

Authorities have released the name of a man killed Wednesday after he was struck by a vehicle used to move containers at Norfolk International Terminals.

Jonathan Andrew Richardson, 29, a VIT employee from Norfolk, died shortly after the incident, said Joe Harris, a spokesman for the Virginia Port Authority.

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Man killed after being struck by car while crossing street

Police in Suffolk are investigating an accident in which a man died after being struck while crossing a street.

Investigators say 77-year-old Aaron Goodman of East Washington Street was crossing that street a couple of blocks from his home just after 7 p.m. when he was struck by a 1987 Ford Thunderbird.

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Three children injured in crash on Witchduck Rd. in Beach

One child was in critical condition and two others injured after a crash at Witchduck Road and Route 264 just before 3:30 p.m. Tuesday afternoon. The woman who was driving the car was also injured, according to state police Sgt. D.S. Carr.


The extent of injuries and ages of the children are not known.

For more information, follow the link below.

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Baby seats recalled due to head injuries

WASHINGTON (Reuters) - Some 1 million foam baby seats sold by Target Corp, Wal-Mart Stores Inc and other large retailers are being recalled because of reports of young children falling out of the seats, the U.S. Consumer Product Safety Commission said on Thursday.

The safety agency said it received 28 reports of young children falling out of the seats, including three who suffered skull fractures because the seats had been placed atop tables.

For more information, follow the link below.

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Navy couple on Guam sue for $25M

A Navy couple on Guam filed a $25 million claim against the service Monday, alleging malpractice by a Navy doctor and Navy midwife led to the death of their son.

Both the doctor and midwife were previously implicated in separate wrongful death cases at Naval Hospital Jacksonville, Fla., within the past five years, according to the medical malpractice lawyer who filed the claim.

For more information, follow the link below.

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Critics: ConAgra Mishandled Recall

OMAHA, Neb. (AP) — Critics say ConAgra Foods Inc.'s delay in recalling pot pies linked to a nationwide salmonella outbreak increased the chance that more people would become sick, opened up the company to greater liability, and exposed a key weakness in the nation's food safety system: voluntary recalls.

For more information, follow this link below.

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Trucks haul tons of munitions on area roads. What are the risks?

They prefer the night, slipping along routes that avoid tunnels.

They avoid rush hour because creeping through traffic in Hampton Roads attracts attention, and discretion in this business is everything.

Most trucks look like any others that haul goods on the highway: white trailers, or flat-beds with simple metal boxes strapped on top.

For more information, follow the link below.

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Car strikes pedestrian in Norfolk

A vehicle struck a pedestrian in Norfolk around 8:30 p.m. Friday.

Chris Amos of the Norfolk Police Department says a man left the McDonalds on the 400 block of St. Paul's Boulevard and walked into the path of a car headed south.

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Malpractice Information Available To Public Often Incomplete

WASHINGTON -- Physician profiles posted by the state medical regulatory boards are supposed to reveal whether a doctor has settled or lost malpractice suits. When a doctor makes a malpractice payout it doesn't always mean they've done something wrong -- insurance companies often urge doctor's to settle cases rather than go to court. Still, as News4’s Julie Carey found, critics of the state boards say when the lawsuits add up, patients have a right to know.

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Navy man killed in head-on motorcycle crash

VIRGINIA BEACH - A 20-year-old Navy man died on Sunday night in a head-on motorcycle crash on Sandbridge Road in Virginia Beach.

Police spokesman Jimmy Barnes said Rollie J. Thurston was injured around 7:30 p.m. Sunday and died at Sentara Norfolk General Hospital.

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State police identify seven crash victims

The identities of three people killed on Richmond-area roads, and four others killed elsewhere in the state, have been released by the Virginia State Police.

For more information, follow the link below.

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Still no word on what caused a three car crash in Pungo

There's still no word on what caused an accident on Princess Anne Road in Pungo Wednesday.

The crash happened at around 10:30 a.m.. Investgators say that a Ford F-150 pick-up truck appears to have been travelling southbound on Princess Anne Road when it crossed over the center line, sideswiped a dump truck, and struck a Ford workvan.

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Richmond man dies after crash in Henrico

Richmond man died Friday at 9:47 a.m. at VCU Medical Center, about 90 minutes after the car in which he was riding was involved in a three-car crash in Henrico County.

State police said Bryon Bogans, 57, was a passenger in a vehicle traveling on Thalbro Street, near the intersection with Staples Mill Road. Police said the vehicle ran a red light, was struck by a sport utility vehicle and then spun into a third vehicle.

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Mattel shifts into crisis mode after quality problems

EL SEGUNDO, California: The wake-up call for Mattel came just as it was preparing to announce that the company would recall 1.5 million Chinese-made toys that were tainted with lead paint.

Surrounded by boxes of Barbie dolls, Hot Wheels cars and other sample toys, Tom Debrowski, Mattel's executive vice president for worldwide operations, was leading a tense early-morning trans-Pacific telephone conference with his team in Hong Kong, where it was 9 p.m.


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YouTube Video Appears to Show W. Va. Medical Malpractice Evidence

HCA Inc. had nothing to do with the video posted on the Internet showing sealed evidence from several of the 122 medical malpractice cases against a former West Virginia osteopathic physician, lawyers have told a judge.

A civil jury found Putnam General Hospital negligent last week for hiring Dr. John A. King. That verdict exposes the hospital to the lawsuits alleging King harmed or even killed patients through unnecessary surgery and other malpractice during his six months there. He left in mid-2003.

For more information, follow the link below.

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Western Branch woman found guilty in fatal 2006 wreck

A Western Branch woman was convicted Thursday in a fatal wreck last fall on Taylor Road.

Judge J. Warren Stephens, a substitute judge, found Virginia Harvey guilty of reckless driving after a bench trial in Chesapeake Circuit Court. Harvey is to be sentenced Nov. 20.

Harvey had appealed an April lower court conviction and sentence of eight months in jail, with four months suspended.


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Woman struck and killed by dump truck in Norfolk crash

NORFOLK - A woman died this morning when her car was struck by a dump truck at a Norfolk intersection.

Police spokesman Chris Amos said the woman, who has yet to be identified, was driving a blue Toyota Camry southbound on Llewellyn Avenue around 9:53 a.m. when she was struck by a dump truck marked B&H Sales Corp. that was traveling west on 26th Street. Police have not released the name of the truck driver.

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Poll: Americans dislike corporate misdeeds over frivolous lawsuits

OKLAHOMA CITY – Americans are much more concerned about corporate misdeeds than tort reform, according to a national poll conducted for the American Association for Justice, formerly the Association of Trial Lawyers of America.

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The Real Kings of "Frivolous Lawsuits"

We've noticed that Tort Reform organizations never seem to mention how many lawsuits are being filed by the very corporations that they represent.

For more information, follow the link below.

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You'd Better Be Wealthy if You're a Fast, Reckless Driver in Virginia

That's one complaint from opponents of a new state law that went into effect July 1 to raise fines on traffic violations to as much as seven times their previous levels. Excessive speeding — or even driving with under-inflated tires — could cost $1,000 or more under the new law.

"You're turning the police into tax collectors with guns — it's the wrong message," said Del. Bob Marshall, a Republican in the Virginia House of Delegates who opposed the legislation. "That's why this thing has to go."

For more information, follow the link below.

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Sixth victim of Suffolk car crash dies this morning

SUFFOLK - A sixth person has died this morning as a result of injuries sustained in the fiery crash on Route 58 in Suffolk yesterday.

Police spokeswoman Lt. Debbie George said the male victim was most likely a juvenile. She said he was alive when he was pulled from the Honda Accord involved in the accident but died this morning at Sentara Norfolk General Hospital of mass trauma sustained after the car hit a truck and burst into flames.

For more information, follow the link below.

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Do cheap Chinese goods have to mean trade-off in quality?

Killer pet food. Tainted toothpaste. Tires lacking an essential safety component. And now, seafood laced with potentially unhealthy levels of antibiotics.

Suddenly, "Made in China" looks like another way of saying: "Buyer beware."

For more information, follow the link below.

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Made in China: Shoddy and Dangerous Goods

Chinese-made goods are flooding the country faster than the FDA and CPSC can keep up with them.

That could be dangerous for you.

For more information, follow the link below.

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Virginia pain doctor sentenced to nearly 5 years in prison

ALEXANDRIA, Virginia: A doctor whose technique of prescribing massive doses of opiates placed him in the midst of a national debate on the treatment of chronic pain was sentenced to nearly five years in prison Friday on federal drug charges.

The sentence of four years and nine months was far less than the life sentence prosecutors said was appropriate for William E. Hurwitz, 61, whose pain-management clinic in a suburb of Washington, D.C., drew patients from across the country.

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When Tort Reformers Slip And Fall

So-called "tort reform" is one of the Republican Party's favorite issues, and this administration in particular has done a lot to limit the power of employees and victims of government, industrial and consumer discrimination and negligence to bring lawsuits against employers and corporations.

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A Great Day for the ATRA

The $54 Million Pants Lawsuit is more than just a ridiculous waste of time.

It's a marketing bonanza for tort reform organizations.

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Man killed in car accident

VIRGINIA BEACH -- A 26-year-old Virginia Beach woman has been arrested and charged with aggravated manslaughter and second offense DUI following a fatal car accident Saturday morning.

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"Thomas & Friends" Toys Recalled Over Lead Poisoning Concerns

The U.S.-based toy maker RC2 Corporation has issued a recall on more than 1.5 million of its Thomas & Friends Wooden Railway toys over concerns of potential lead poisoning. According to the company, the surface paint on the recalled toys contains lead that can cause serious health effects in children if ingested.

For more information, follow the link below.

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Doctors, Nurses Help Promote New Michael Moore Film

A colorfully-wrapped bus carrying nurses on a national tour to build momentum for the June 29 "Scrubs for Sicko" campaign arrives tonight to bring their campaigning to Washington D.C. The bus will arrive at 5 p.m. at the Mayflower Hotel. Tomorrow, the RNs will proceed to the Take Back America conference and a special hearing at the U.S. Capitol.

For more information, follow the link below.

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Malpractice Insurers Make Billions in 2006

The American Association of Justice recently completed a study of the 2006 financial statements of fifteen insurance companies that specialize in medical malpractice.

for more information, follow the link below.

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Wrongful death information ruled public

A judge has ruled that the company that made a suspect heart medicine must disclose the amounts it paid in settlement in four wrongful death cases.

Judge Ann Hunter Simpson said yesterday that Central Admixture Pharmacy Services must make the disclosure but delayed release of the information until attorneys for the company can decide on an appeal.

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Glaxo, Top Ad Spender, Didn't Publicize Diabetes Drug's Risks

June 1 (Bloomberg) -- GlaxoSmithKline Plc was the drug industry's top advertiser last year, promoting its asthma and diabetes treatments to patients and doctors. Information the company didn't make well known is now drawing more attention.

London-based Glaxo knew its Avandia diabetes pill posed a risk for heart and circulatory complications as early as 1999, when the medicine won U.S. approval. The cardiovascular concern wasn't widely disseminated until May 21 when a Cleveland Clinic Foundation analysis reported that Avandia may cause a 43 percent higher risk of heart attacks than other drugs.

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The FDA: Asleep at the Wheel?

The Food and Drug Administration has let entirely too many dangerous drugs slip through the cracks.

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Pub clears up after car crash

A car careered into a Norfolk pub late at night, leaving a gaping hole in the main wall and debris scattered around the dining room.

The Swan Inn at Ingham, near Stalham, was closed yesterday after the midnight incident, but will be open for business today - although the restaurant will have fewer tables available.

For more information, follow the link below.

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Latest in the UVA stabber lawsuit

Trial is set for March 4, 2008, in the wrongful death lawsuit brought by Howard and Barbara Sisk, parents of slain firefighter Walker Sisk, who was killed on the Corner in 2003 by third-year UVA student Andrew Alston, Liesel Nowak reports in the DP. The Sisks seek $3 million from Alston, who now lives with his parents in affluent Lower Gwynedd, Pennsylvania.

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Woman Hurt In Virginia Beach Crash: Medics Cut Her Out Of Car

A woman was seriously hurt in a bad accident Saturday afternoon in Virginia Beach. Police say the driver that hit the woman may have ran a red light.

It happened around 10:00 a.m. Saturday on Lynnhaven Parkway at International Drive. That's near Lynnhaven Mall. Witnesses to the accident tell Your NewsChannel 3 that a utility truck ran a red light and T-boned a woman in a red sedan.

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OxyContin: Purdue Pharma's Billion Dollar Marketing Lie

OxyContin was marketed as a safe and non-addictive pain reliever.

Fifteen years and thousands of ruined lives have proved differently.

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Harris County judge nixes Vioxx lawsuit

A Harris County judge today dismissed part of a woman's Vioxx lawsuit against painkiller maker Merck & Co., setting in motion an appellate process that could change the legal landscape for all Texas pharmaceutical lawsuits.

Harris County state District Judge Randy Wilson, who oversees all Vioxx cases in Texas, ruled that Ruby Ledbetter, who had a heart attack after using the drug and was due to go to trial in May, may not sue Merck claiming it failed to properly warn her of the drug's risks.

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Teens die in Virginia Beach car crash

VIRGINIA BEACH, Va. Two teenage girls were killed when their car was rear-ended at a stoplight in Virginia Beach.

Police spokesman Jimmy Barnes identified the victims as 17-year-old Allison Kunhardt and 16-year-old Tessa Pranchant. He says the car driven by Kunhardt was stopped at a light on Virginia Beach Boulevard last night when it was hit by a vehicle driven by 22-year-old Alfredo Ramos.

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Pet Food Recall Expands

Pet food recall - What dog and cat food is safe? As news slams in each day of differing recalls for cat and dog food, hog food and other animal scares owners are baffled and asking what is safe. The answers aren't very good ones. Consumers, knowing that some of the recalled pet foods are still available on supermarket shelves and having heard about new recalls only last week, hardly believe that commercial pet food can be purchased with much confidence, a report from the Canada Free Press rightly concludes.

For more information, follow the link below.

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VA Blamed in Patient Death

Late last month, the federal government paid $210,000 to settle a wrongful-death lawsuit by the widow of a patient who died June 10, 2001, of a drug overdose in the Hampton Veterans Affairs Medical Center's psychiatry unit.

Hospital officials have linked 35-year-old Glen Brennan's death to the blanket no-visitors policy that they had in place for the unit from the fall of 2004 until last week.

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NTSB: Beechcraft Sierra May Have Been Overweight in Norfolk Crash

VIRGINIA BEACH -- A small plane that slammed into the backyard of a Lawson Forest home nearly a year ago, killing the pilot and a passenger, was about 2 pounds overweight and was not displaying a manufacturer's warning signs on properly latched cabin doors.

W hether those factors played a role in the crash that killed Norfolk businessman George R. "G.R." Schell, 69, and his girlfriend, Judy Broadway, 63, of Rockledge, Fla., have not been determined.

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Black Woman: Boss's "help" violated Title VII

Black woman: Boss's ‘help' violated Title VII
By Paul Fletcher

A black female former administrator for the Department of Transportation says that her boss's efforts to "help" her and "look out" for her because others in the agency didn't think a black woman could handle her job actually hindered her and caused performance problems.

She says the boss disagreed with the nay-sayers, testifying, "I wasn't raised that way."

She says this different treatment was a violation of Title VII.

Her lawyer says in a brief to the court that this case may be one of "the soft bigotry of low expectations," citing President George W. Bush's famous line.

And a federal judge in Norfolk says that he wants to hear evidence in the case, denying VDOT's motion for summary judgment.

In fact, the case apparently marks the first time that U.S. District Judge Walter D. Kelley Jr. has ever denied a motion for summary judgment in an employment case, said the plantiff's lawyer, Lisa A. Bertini of Norfolk.

Bertini said that in her research of 16 prior employment cases handled by Kelley, only in one did he deny a part of the defendant's motion for summary judgment.

But in Wimbush v. Virginia Department of Transportation (VLW 007-3-139), Kelley said the case should be set for trial.

Demotion, transfer

The plaintiff had worked for VDOT for 20 years when she was promoted to district administrator for the Hampton Roads region. Two years later, she was demoted to a new position created in the Richmond office called "special assistant to the chief financial officer."

Bertini said this new position was essentially a "secretarial job." The plaintiff quit this job and later brought a Title VII complaint before the Equal Employment Opportunity Commission. The EEOC issued a right-to-sue letter, and she filed a complaint in federal court.

VDOT moved for summary judgment.

At issue, Kelley wrote, were the plaintiff's allegations that she was treated differently on the basis of her race and sex. At the pertinent time, there were 12 VDOT district administrators across Virginia, and 11 of them were white and male. The plaintiff was the only black or woman at that level of management.

Kelley noted that the plaintiff claims that she was disciplined differently from the other DAs and alleges that the VDOT commissioner "systematically undermined" her position by dealing directly himself on matters within her district, instead of letting her do her job.

And, Kelley wrote, the plaintiff says the commissioner acknowledged what he was doing, but he "professed to act out of a noble purpose."

She says he said that he was trying to "ensure her success" because others within VDOT didn't think a minority female could do the DA job. He himself disclaimed "any personal discriminatory animus," the judge said.

Kelley found that whether the plaintiff was disciplined any differently is a disputed question of fact. He needs testimony, he said.

Also, the commissioner's motives in interfering in the Hampton Roads district likewise have become a disputed question of fact, he said.

If he treated the woman differently because of her race or gender, "such conduct is actionable" under Title VII, even if he thought his actions were beneficial, Kelley wrote.

He added, "If the jury accepted Mrs. Wimbush's version of events, it could reasonably conclude that [the commisioner's] racial and gender-based paternalism" inhibited her development, leading to performance problems.

Motion for summary judgment was denied, and the parties were told to set a trial date.

Sydney E. Rab of the Attorney General's office is representing VDOT in the case.



© 2007 Lawyers Weekly Inc., All Rights Reserved.

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Products claims found in comp cases, consumer calls

Products claims found in comp cases, consumer calls
By Deborah Elkins

WHITE SULPHUR SPRINGS, W.VA.—Workers' comp attorneys may be missing something if a client only collects benefits pegged to weekly wages.

In workplace injury cases that involve machinery, there may be a products liability claim to pursue. Such a claim may work even if the employer says the worker violated a safety rule, according to Norfolk lawyer Michael F. Imprevento, who spoke at the annual meeting of the Virginia Trial Lawyers Association at The Greenbrier on April 14.

For p.i. lawyers steeped in traditional negligence law, products cases can feel liberating. Contributory negligence is not necessarily a bar, and a claim can be viable even if there has been no prior litigation or consumer recall involving the product.

The common element in products cases Imprevento tackles is a product that could be made safer.

With this wide-angle focus, and a support staff trained to listen carefully to consumer calls, Imprevento says he has successfully handled defective design or warning cases involving products such as children's swings, children's play shoes, vaporizers, cribs, toys, halogen lamps, paper shredders and auto ramps, as well as a wide variety of industrial equipment.

"Products liability litigation is different," Imprevento said. "You don't screen these cases in the way you would screen ordinary negligence cases. For your working standard, you use a simple formulation of unreasonable dangerousness."

"When you screen these cases, you must be more forgiving of the plaintiffs," he said. "Most of these cases involve people who have done things that are dumb, and yet the law still protects them."

In the products cases that arise from comp cases, start from these premises: "It's fundamental that machines must be guarded," and workers can and should be protected from their own mistakes. And in a workplace case, it may not just be the injured worker who wants to make the case, it may be the comp carrier who is looking for someone to share liability.

A safeguard on dangerous machinery can be something as simple as a light-curtain sensor that shuts down a machine when a person puts his hand where it does not belong.

"Even the most experienced workers get complacent," Imprevento said. "Products do not have bad days," but workers do.

In products liability, you need to know the law before you screen the cases. Virginia law "is conservative but ingenious in its simplicity," Imprevento said.

The commonwealth has one of the greatest warning laws in the country, Imprevento said. Virginia law places the duty to properly warn of a product's danger on the defendant, which can help the plaintiff's lawyer ward off defense arguments of intervening cause from a parent's lack of supervision. As an example, Imprevento cited an older case in which a child drank furniture polish. "It looked like red cherry Kool-Aid."

"One quirk of Virginia law, it's limited in its defenses," Imprevento said.

A manufacturer can defend on "open and obvious misuse," but there is no contributory negligence on a properly made breach of warranty claim.

The lawyer must be alert, however, to the difference between a Virginia court applying Virginia products liability law, and a federal court applying Virginia's "unreasonable dangerous" standard, according to Imprevento. The federal courts' summary judgment standard makes for a lower bar for the defendant, based on the product's compliance with voluntary or regulatory standards.

With the legal framework in mind, the lawyer turns to the product.

What type of product is it? Is it a product that can be made safer? Has it been altered? It's important to be familiar with governing safety standards, and it may be necessary to hire an engineer to help with a product analysis.

Don't just look at products with a track record of recent injury. Imprevento said that in 75 percent of the cases his firm involved in, the company never has been sued before for this product.

A lawyer does not have to wait until the Consumer Products Safety Commission issues a recall, nor is a claim automatically barred if the product has been damaged or destroyed, Imprevento said, citing a case his firm handled that involved a waterless vaporizer. The product had melted in a fire, but a fire marshal had issued a report indicating there had been other reports on the vaporizer. CPSC said it had the product under review, but it had yet to issue a warning.

By moving beyond the mind-set that a products case is a class action against a major manufacturer, a plaintiff's lawyer may be able to expand his practice.



© 2007 Lawyers Weekly Inc., All Rights Reserved.

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Tort Reform Hypocrites: An Interesting List

The Center for Justice and Democracy has compiled an interesting list of some of the more lawsuit-happy members of the Tort Reform movement. The names on the list may surprise you.

For more information, follow the link below.

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Should the HPV Vaccine be Mandatory?

While Merck's new HPV vaccine can be viewed as a positive development, making it part of a mandatory package of shots for eleven year old girls is highly questionable.

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Beach to pay $825,000 to settle lawsuit over ambulance crash

The estate of a 34-year-old man killed in 2005 when his car was hit by an ambulance has settled a lawsuit with the city for $825,000.

The wrongful death suit, which originally sought $10 million in damages, was settled in mediation last month after the criminal case against the ambulance driver, Jason Frye, concluded.

For more information, follow the link below.

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Local VA hospitals tend to get higher marks than Walter Reed

PORTSMOUTH - Marine Cpl. Chris Ferry has nothing but praise for Portsmouth Naval Medical Center, where he's recovering from an explosion in Iraq that mangled his left hand.

Former Army infantryman Jonathan Bartlett is mostly pleased about the care he got at Walter Reed Army Medical Center, where he was treated after losing both legs in combat. But the Norfolk native is less satisfied with the Department of Veterans Affairs.

Then there's Marc Luley, a former Oceana-based Navy fighter pilot forced into medical retirement last year. He bitterly complains about struggling to get help from the VA.

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Class 1 Medical Device Recall - Smith & Nephew, Inc. Radiofrequency Denervation Probes

The RF Denervation probe is used for radiofrequency lesion procedures for the relief of chronic pain by applying heat to the nerves.

The product was mislabeled. The device is a non-sterile (not germ-free) device but it was labeled incorrectly as sterile (germ-free). It is a reusable item that is intended to be sterilized (made germ-free) by the medical facility prior to each use, including initial use. This error may result in infections with associated risks including, organ failure and/or death.

For more information, follow the link below.

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Lifeline External Defibrillators Under Recall

Defibtech®, LLC, is initiating a voluntary worldwide recall of Lifeline® Semi-automatic External Defibrillators (AEDs) and ReviveR® Semi-automatic External Defibrillators (AEDs). This recall affects all Lifeline® and ReviveR® AEDs with software versions 2.002 and earlier. The self-test software for these devices may allow a self-test to clear a previously detected low battery condition. If this situation occurs, the operator may be unaware of the low battery, and the device may be unable to deliver a defibrillation shock, which could result in failure to resuscitate a patient.

For more information, follow the link below.

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Insurers Charging Higher Premiums to Less Educated

Do you want lower insurance rates?

The fix is pretty simple. All you have to do is go back to school, earn a PhD, and quadruple your current salary.

For more information, follow the link below.

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Insurance Company Contact Information

If you cant find contact number for an insurance companies claims department, follow this link.

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Dying Medical Malpractice Plaintiff Arranges for Adoption of Her Own Children

VIRGINIA BEACH - For 14 years, Diane Sadovnikov built a career on the essential goodness of the American family, connecting hundreds of married American couples with orphaned Ukrainian children.

It brought her a deep sense of satisfaction and a dash of adventure.

She was changing the world as she traveled through it, making dozens of journeys between the United States and Odes a in Ukraine, with good news for needy children and those who loved them.

For more information, follow the link below.

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State Farm Suspends New Policies in Mississippi

State Farm Insurance is suspending sales of any new commercial or homeowner policies in Mississippi effective Friday, the Associated Press writes. It says the company put part of the blame on a wave of litigation it has faced after Hurricane Katrina.

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Insurance Companies Enjoy Another Year of Record Profits

Newly-released data shows that insurance company profits for 2006 are approaching record highs. This follows the industry’s 2005 profits, which itself broke records despite Hurricane Katrina. The high profitability trend applies to all lines of coverage, including auto insurance.

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Woman gets 8 years in prison for fatal DUI crash at Beach

VIRGINIA BEACH – A woman whose drunken driving caused a fatal car crash last year was sentenced Tuesday to eight years in prison.

The driver, Cora Hipp, was convicted Dec. 4 of involuntary manslaughter and driving under the influence for her involvement in a crash on July 11 at Northampton Boulevard and Burton Station Road.

Please follow the link below for more information.

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Philips Recalled Thousands of Defibrillators in 2006

Royal Philips Electronics recalled 2,000 of its defibrillators in the second half of 2006 after the U.S. Food and Drug Administration (FDA) found technical failures in the machines that are used to restore normal heart beat, a company spokesman Wednesday said.
"The recall has no material impact," Philips spokesman Jayson Otke said, explaining that the devices are part of a business that represents below 1% of total group sales.

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Insurance Industry Posts Record Profits In 2006

WASHINGTON --

The insurance industry made record profits in 2006, and a new report out Monday said it's at customers' expense.

Some consumer groups said companies are paying out lower claims and charging higher premiums than in the last 50 years.

After the Florida hurricanes of 2004, consumer groups said the insurance industry made record profits. After Katrina in 2005, the industry broke that record in how much it took in. And in 2006 --- with no major disasters -- the industry made $60 billion in profits.

The Consumer Federation of America said the disasters from years past allowed companies to raise their prices.

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Hurricane Katrina: Seventeen Months and Counting

It was only seventeen months ago that Hurricane Katrina effectively ended the existence of one our most treasured cities, killed over 1,000 people and ruined the lives of thousands of others. It was only a few days later when the President said that it was impossible to imagine America without New Orleans. So why are so many people still waiting for help?

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Progressive Insurance: Art for Profit's Sake

Progressive Insurance has one of the largest and most valuable collections of American Art in the world. So why are they only offering pennies on the dollar for your claim?

For more details, follow the link below.

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Beach police shut down Centerville Turnpike after accident

VIRGINIA BEACH -– Police shut down Centerville Turnpike, between Indian River Road and Jake Sears Road, for about three hours this morning while they investigated a serious accident near Regent University.

The wreck occurred shortly before 6 a.m. when a Jaguar traveling south on Centerville Turnpike lost control and traveled over the center line. The car then collided with a Pontiac head on, said police spokeswoman Margie Long.

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Hartford Insurance puts up $26 million to settle 'Colosuss' class action

TEXARKANA, Ark. - For $26 million, Hartford Insurance bought its way out of a colossal lawsuit and joined the plaintiff team.

Hartford in October reached agreement with plaintiffs who alleged in Miller County circuit court that the insurer improperly reduced payouts on injuries.

Other defendants cried foul, charging that Hartford's settlement would entice their policyholders to switch to Hartford.

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Mother, child awarded $1.8 million for injuries during childbirth

IRGINIA BEACH - A child and his mother were awarded $1.8 million by a jury late Thursday for a medical malpractice claim. The case stemmed from an injury the baby suffered during birth.

The award was the maximum allowed under state law.

Twan Johnson was born Aug. 2, 2004, at Chesapeake General Hospital. He currently lives with his mother, Venus Bowles, on Gate Tree Court in Virginia Beach.

For more details, follow the link below.

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One killed in four-vehicle accident on eastbound I-264

VIRGINIA BEACH - The driver of a pickup involved in a fatal and fiery four-vehicle crash Wednesday afternoon did not have a driver's license when he barreled into the back of a car stopped on Interstate 264 near Newtown Road.

The accident forced police to close all of the on-ramps to the eastbound lanes, causing a traffic bottleneck that stretched past Ballentine Boulevard in Norfolk on eastbound I-264 and slowed traffic on Interstate 64.

For more information, follow the link below.

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String of hit and run cases, some deadly, has investigators concerned

A string of hit and run cases across Hampton Roads is cause for concern for investigators.

Three hit and run investigations in three cities in just days.

The most recent fatality occurred in Virginia Beach where a 29 year old man was hit while walking on Pacific Ave. early Sunday morning. 29-year-old Michael W. Taylor died Tuesday after being in grave condition since the accident.

For more information, follow the link below.

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Harris Teeter Removes Recalled Product, 1 Month Later

On November 9, the Food and Drug Administration announced a voluntary recall of acetaminophen. It was only Tuesday, however, that the bottles of the painkiller were completely gone from the shelves of Harris Teeter stores.

It was an apparent oversight on Harris Teeter's part and prompted another recall to ensure all the recalled drugs are off store shelves.

For more information, follow the link below.

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Woman died because of error during surgery, lawsuit claims

VIRGINIA BEACH - The estate of a 24-year-old Norfolk woman who died almost two years ago after surgery has sued the doctors involved in the procedure, saying a surgeon tore her esophagus during an operation to remove a medical device.

Talethia McLean died Jan. 2, 2005.

The lawsuit, which seeks $3 million in damages from Sentara Bayside Hospital and three physicians, was filed in Virginia Beach Circuit Court on Dec. 20. Samantha Price of Norfolk is named as the administrator of McLean's estate.

For more information, follow the link below.

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Ford's Lemons Leave Sour Taste in Consumers' Mouths

No one can say Ford doesn't get lots of publicity. Unfortunately, most of it is bad. The company expects to lose $10 billion this year and is trying to borrow $15 billion in operating cash as its "Way Forward" turns into a desperate dash for the exits.

For the rest of the story, follow the link below.

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Hang Up And Drive That Bus

Larry Hinton is a civilian employee of the Navy, which has declared that cell phones cannot be used while driving on local naval bases.

Hinton think s public employees also should be held to a high standard for cell phone use. He ponders this, in particular, during trips aboard a Hampton Roads Transit bus from his Great Bridge home.

"They're all the time using the cell phones," Hinton said of the HRT bus drivers. "It's like it's no big deal to them, but when we're out there on the interstates, I have some questions about that."

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Merck Judge Refuses Class-Action Status for Vioxx

Nov. 22 (Bloomberg) -- Merck & Co. won a bid to block users of its Vioxx painkiller who claim the drug contributed to heart attacks and strokes from suing as a group.

U.S. District Judge Eldon Fallon of New Orleans refused to grant class-action status to Vioxx users throughout the country who claim personal injury and wrongful death as a result of taking the drug, which was pulled from the market in 2004. Fallon ruled that the differences among the individual claims were too great to permit them to be tried together.

For the rest of the story, please follow the link below.

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Senator Learns About Insurance Companies the Hard Way

Senator Trent Lott was a big proponent of tort reform, at least until his beach house was wrecked during Hurricane Katrina.

Will his harsh treatment at the hands of State Farm change his views?

Click the link below for the whole story.

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Army explores issue of living wills as more return from war in comas

A growing number of troops are returning from Iraq and Afghanistan with severe brain damage, prompting the Army to examine whether living wills or other care directives from soldiers ought to be available to battlefield doctors.
The issue was raised this summer by wounded soldiers and families of casualties during a symposium sponsored by the Army's Wounded Warrior Program.

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Louisiana Ruling Gives Hurricane Victims More Options

BATON ROUGE, La. -- A state judge Wednesday ruled as constitutional two new state laws giving insurance policyholders more time to sue their insurers or file claims over damage from hurricanes Katrina and Rita.
District Court Judge Kay Bates, who read her ruling from the bench, said the extension of the time periods doesn't expand citizens' rights under existing contracts but gives those who were displaced by the storms more time to enforce their rights.

For more information, please follow the link below.

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Laptop Computer Battery Recalls Will Cost Sony Millions

The recent safety recall of lithium ion batteries used in computers made by Dell, Apple and Panasonic will essentially wipe out 25% of this years profit.

For more information, follow the link below.

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2006 Sees Huge Car Safety Recall Numbers

The number of safety recalls by auto manufacturers in 2006 has been staggering. The Norfolk, Virginia Law Firm of Breit, Drescher and Improvento takes a look at the overwhelming numbers of cars being recalled. Follow the link below for more information.

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Breit, Drescher & Imprevento recognized by Virginia Super Lawyers Magazine

Breit Drescher & Imprevento, PC has a reputation for large verdicts - in fact, it has won several of the largest awards in Virginia’s history. The firm’s lawyers are proud of the winning record they’ve established protecting the rights of victims of automobile accidents, medical malpractice, defective products and other injuries.

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Bristol Myers-Squibb Refuses to Recall Dangerous Antibiotic

An antibiotic that can fatally alter blood sugar levels in its users is being left on the market by its manufacturer.

Follow the link below for the whole story.

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New Federal Privacy Law Poorly Enforced

A 2003 Federal Law designed to protect the privacy and medical records of patients is rarely enforced, according to an article in the Washington Post.

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Despite Katrina, Big Insurance Makes Record Profits for 2006

Hurricane Katrina didn't even put a dent in the coffers of major auto and home insurers, who posted $44.8 billion in profit in 2005. Despite this record-breaking year, insurers are still discussing rate hikes and having the Federal Government bail them out of their obligations.

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Disetronic Medical Systems Announces Insulin Pump Recall

Fishers, IN -- April 3, 2006 -- Disetronic Medical Systems, Inc, (Disetronic) of Fishers, Ind. announced today a voluntary nationwide recall of all ACCU-CHEK™ Ultraflex Infusion Sets, because of a potential that tubing could fully or partially separate at the luer lock-tubing connection. In the event that a full or partial separation occurs, it is possible that insulin could leak from the infusion set tubing causing an interruption of insulin delivery, which can cause hyperglycemia.

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Medical Malpractice "Crisis" Officially Over

A study released by Americans for Insurance Reform shows that malpractice rates have remained flat across all 50 states, including those that have not enacted caps on punitive damages.

For the whole story, follow the link below.

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BDI announces investigation of Guidant defibrillators

As of June 2005, Guidant was aware of 43 reports of device failures, and two patient deaths related to Guidant defibrillators. Guidant has acknowledged that the actual rate of failure may be higher than the reported rate and that the number of associated deaths may be underreported, since implantable cardio-defibrillators are not routinely evaluated after death.

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BDI announces investigation of Medtronic defibrillators

On April 16, 2004, Medtronic announced that it was recalling two other heart defibrillators because they have been linked to at least four deaths and one injury. Medtronic said that Medtronic Micro Jewel II Model 7223Cx and the Medtronic GEM DR Model 7271 failed to charge properly which can result in the late delivery or non-delivery of cardiac shock therapy. Medtronic said that most of these devices were implanted in 1997 and 1998. About 1,800 are thought to be still in use.

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Bad Faith Insurance Companies: Who Are They?

This site provides invaluable information to consumers about which insurance companies have the worst records in their treatment and fairness to policyholders. Also, discover the tactics and strategies insurance companies use to cheat consumers.

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