Blog Topic

TOYOTA IS NUMBER ONE IN CRASH COMPLAINTS
Posted by: Darrell Castle
March 02, 2010

The New York Times recently reviewed 12,700 complaint records in the United States over the last decade and found that Toyota had more complaints involving crashes than any other carmaker. Many of the complaints against Toyota were about vehicles not involved in the recalls. For example, the 2002 Camry had about 175 speed control complaints with about half of those involving crashes.

According to The Times article, federal safety regulators said they had received complaints alleging that unintended acceleration in Toyotas caused 34 deaths.

"Of the 12,700 National Highway Traffic Safety Administration consumer complaints analyzed by The Times, the Ford Motor Company had the most, about 3,500." Toyota was second but those complaints were linked to far more crashes, about 1000 compared to Ford's 450.

"A separate examination by The Times of transport ministry records in Japan revealed a similar finding. In reports since 2001, Toyota vehicles have been cited with a greater frequency in complaints of sudden acceleration than those of other major carmakers."

Toyota's chief executive, Akio Toyoda, testified before Congress last week and said that he was "absolutely confident" there was no problem with Toyota's electronics. Transportation officials in the U.S. are reviewing whether to expand their investigation to Toyotas already cleared. If NATSA can find evidence of a defect trend with Toyota they will open a defect investigation.

The single largest source of complaints about speed control involved the 2007 Camry. That model, along with newer Camrys, has been recalled twice in connection with unintended acceleration. A high incidence of crashes linked to speed control occurred in earlier models.

"For the government to order a recall, it must have proof of a potentially dangerous defect, which is difficult to find without cooperation from the automaker."

If you have suffered a serious injury from a crash involving an auto defect, consider getting advice from an experienced professional such as the lawyers at Darrell Castle and Associates.

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TOYOTA LIMITED RECALL SAVED $100 MILLION
Posted by: Darrell Castle
February 22, 2010

What is a single human life worth? How about 10 lives or a hundred? News media across the country are reporting on a story that comes from discovery requests by the House Committee on Oversight and Government Reform. I quote from the New York Times, "Toyota estimated that it saved $100 million by negotiating with regulators for a limited recall of 2007 Toyota Camry and Lexus ES models for sudden acceleration, the same problem that has since prompted it to recall millions of cars, documents turned over to a Congressional committee showed Sunday." The estimate came from a confidential presentation made in July 2009 listing legislative and regulatory "wins" for the company.

This limited recall, which was apparently blamed on defective floor mats instead of electronics, allowed Toyota to keep millions of defective cars on the road which it was later forced, by crashes and lawsuits, to recall. Since the initial recall, Toyota has recalled more than 8 million vehicles worldwide related to stuck accelerator pedals. It has temporarily stopped selling and building vehicles in the U.S. and Canada that were involved in the recalls and dealers have begun repairing defective models. The company announced that the 8 million recalls plus one recall involving brakes on its hybrid Prius could cost it 2 billion.

Congressional investigators are now asking whether regulators did their original job effectively or not. This is a very easy question to answer. Regulators allowed Toyota to limit its early recall to 55,000 floor mats and avoid investigation of the far more serious electronics issues. The company also was allowed to head off an investigation of its Tacoma Truck series. These regulatory failures allowed defective vehicles to continue killing and injuring people. The regulators, as well as Toyota, should be held accountable for the injuries.

Transportation Secretary Ray LaHood has been critical of the way the recalls were handled, and his spokes person, Olivia Alair, said in a statement, "We're going to hold Toyota's feet to the fire and make sure they do what's necessary." Well, we're watching what they do. Time will tell.

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LITTLE GIRL LOST PART TWO ALEXA GONZALEZ V. NEW YORK CITY
Posted by: Darrell Castle
February 19, 2010

"There was no profanity, no hate, just the words, 'I love my friends Abby and Faith. Lex was here 2/1/10:)' scrawled on the classroom desk with a green marker." For this offense, according to a report from CNN, 12 year old Alexa was handcuffed behind her back, and with tears streaming down her face, hauled away by police in full view of the worst possible audience for a preadolescent girl, her classmates.

"They put handcuffs on me, and I couldn't believe it, 'Alexa recalled. 'I didn't want them to see me being handcuffed, thinking I'm a bad person.' Although Alexa is no longer facing suspension from school, according to a New York City Department of Education spokeswoman, her case calls into question the use of zero tolerance policies in schools.

Emma Jordan-Simpson, executive director of the Children's Defense Fund, said "we are arresting them at younger and younger ages and in cases that used to be handled by a trip to the principal's office." New York City school security officers are now under the New York City Police Department and must enforce the zero tolerance policy. There are nearly 5000 employees in the NYPD School Safety Division and that number exceeds the total police force in Washington D.C.

Alexa's mother said she spent her three days off from school throwing up and it was a challenge for her to catch up on her homework when she returned to school. She has never been in trouble prior to her arrest as a "doodler." Margie Feinberg, an education department spokesperson, said 'our mission is to make sure that public schools are a safe and supportive environment for all students.'

Well Margie, you are failing miserably in your mission. You have made the public schools into a hostile environment for normal children like Alexa Gonzalez, and your zero tolerance policy is a complete failure unless its real mission is to turn normal children into robots by forcing them to live in fear that they are being watched for the slightest hint of normal behavior.

Is it possible for this society to get any more stupid? Just when I think that it is not possible, it does. This new world we are creating is one that is apparently devoid of what used to be called common sense, but now more closely resembles a war against humanity as that species has been traditionally perceived. For Alexa and her family, fortunately, a good personal injury lawyer will make the people of New York City pay for her humiliation. No wonder that state is bankrupt.

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ENCYCLOPEDIA OF MENTAL DISORDERS TO BE REVISED
Posted by: Darrell Castle
February 17, 2010

In an article entitled "Revising Book on Disorders of the Mind," the New York Times tells us that psychiatry seeks to heal itself.

"Far fewer children would get a diagnosis of bipolar disorder. 'Binge eating disorder' and 'hyper sexuality' might become part of the everyday language. And the way many mental disorders are diagnosed and treated would be sharply revised."

"These are a few of the changes proposed on Tuesday by doctors charged with revising psychiatry's encyclopedia of mental disorders, the guidebook that largely determines where society draws the line between normal and not normal, between eccentricity and illness, between self-indulgence and self-destruction-and, by extension, when and how patients should be treated."

So let me get this straight, according to the New York Times this group of doctors meet periodically to decide for the rest of us what is normal and what is not normal, what is illness and what merely eccentric, what is self destruction and what is merely self indulgence. The rest of us are expected to live with their conclusions until they are revised again as the doctors change their collective and individual minds, evolve, or until doctors who are somewhat eccentric, or maybe ill, are appointed to the panel. It occurs to me that this tiny group of doctors has a tremendous power to reorder our society to fit their individual tastes.

I wonder if we have been unduly misdiagnosing people, especially children, for generations, or if we are simply trying to be politically correct and thereby leaving mentally ill people untreated. We don't need to unnecessarily stigmatize people, but were they sick yesterday and well today just because these doctors say so, or were they truly sick? I don't know, I'm not a doctor and I'm not God. Deciding normal used to be his job.

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LITTLE GIRL LOST
Posted by: Darrell Castle
February 12, 2010

This is a story with some resemblance to my post about Judi Chamberlin's life and death from a few days ago. If you can recall Judi was involuntarily committed to a mental institution at age 22 and fought for the rights of the mentally ill for the rest of her life. Today we have a story courtesy of WPBF. To protect the anonymity I will not give this little girl's name or city. She is currently a six year old first grader. A few days ago this little girl was handcuffed and taken to a mental health facility because of her classroom behavior. Her parents say they are furious because the school chose to use such extreme measures.

She was handcuffed and transported in the back of a police cruiser. The 37 pound girl's wrists were too small for a handcuff to restrain her so the officer placed one cuff around both her wrists. Deputies report that she got upset and stormed out of her classroom when asked to do something by her teacher. The episode then turned into a temper tantrum in the principal's office. According to deputies, she kicked the wall, threw things from the principal's desk at the principal who happens to be pregnant, and then she was handcuffed. The next day deputies were called to the school again. She was yelling, throwing things at the eight months pregnant principal, and totally out of control. This time she was committed to a mental facility.

Her mother says she was terrified for her daughter. "Where is my baby?" What are they doing with her?" The child's mother says there is nothing wrong with her except a temper problem. The school says it has contacted her parents several times to set up meetings but they never show up for the meetings. The last meeting the mother canceled because she had car problems. In the meantime, she is home from school.

This poor little girl has no one to love her enough to discipline her, and nothing but a cold hearted bureaucratic system with no answers to protect her. What has happened to our society and our homes that no one can control a 37 pound six year old girl? In my day, of course, the teacher would have paddled her, the principal would have paddled her, and her parents when she got home. Would that be the right thing to do, I'm not sure but I would prefer it to involuntary commitment. The love has left our schools and our homes. God help the children because no one else will.

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TOYOTA AND N.H.T.S.A
Posted by: Darrell Castle
February 10, 2010

Auto safety regulators made a request of Secretary of Transportation Ray LaHood in November of 2009 because they believed Toyota was dragging its feet in the investigation of Toyota design difficulties and resulting crashes. According to the New York Times, they requested that they be allowed to go to Japan to investigate and make their case themselves. The request was granted but it was two months before Toyota admitted to Washington that it had found problems with sticking accelerators. The National Highway Traffic Safety Administration which is tasked with regulating auto makers did not use its power to subpoena Toyota's records, even though they said they believed Toyota was withholding critical information.

Now with eight million recalls including 400,000 of the new hybrid models this week alone, the N.H.T.S. is also under scrutiny. Members of congress want to know why the agency did not act more aggressively. The New York Times reports that Congress wants to know that, in the face of the most extensive recall in history for problems that have resulted in several deaths, what did the N.H.T.S.A. know, and did it act quickly enough. Some believe the agency became too close to the industry that it was charged with regulating.

Though the agency has enormous authority, did it have the money and staff to do its job, or did it simply take the path of least resistance? There were dozens of complaints going back years that were not investigated, at least not properly. Officials were often told that their requests for information had to be relayed to Japan for answers and the agency accepted that.

This all confirms my original suspicions that corporations and government are essentially the same predator. Sometimes these beasts are necessary but they must be carefully guarded.

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TOYOTA CRASHES
Posted by: Darrell Castle
February 05, 2010

What caused Toyota, for many years the gold standard of reliability and quality control, to have so many problems with crashes, sudden acceleration, catastrophic injuries, and deaths? According to Ralph Nader, consumer advocate and former Presidential candidate, Toyota should carry much of the blame for its complacency and loss of control over quality control. Nader asserts the National Highway Traffic Safety Administration (NHTSA) must also shoulder its share of the blame. "NHTSA has conducted at least six investigations into Toyota's gas pedal problem in the past several years and closed them with no actions. The agency has refused to subpoena any tests and other information from the company...NHTSA has never issued a mandatory safety standard for gas pedals."

Many lawsuits have been filed against Toyota resulting from sudden acceleration crashes but one filed in Genesee, County Michigan alleges that Toyota and one of its suppliers, Denso, a Japanese firm, were negligent in manufacturing an electronic throttle control system in Camrys and other Toyota models. Toyota said that it had found no problems with its throttle control system, which it began using in 2002. Transportation Secretary Ray LaHood has said that federal regulators will "continue to look" into whether Toyota's electronic systems pose a safety concern.

Is Mr. Nader correct in his assertion that NHTSA is negligent and bares part of the responsibility for all the crashes and deaths? Hopefully, time will tell who is responsible and who should compensate the families of the victims. In the meantime, if you have been injured in a sudden acceleration crash seek legal advice immediately.

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JUDI CHAMBERLIN 1945 TO 2010
Posted by: Darrell Castle
February 03, 2010

Judi Chamberlin, a woman who spent almost her entire life as an advocate for the freedom of the mentally ill, died January 16, 2010 at the age of 65. In 1966, then Judi Ross, age 22, was involuntarily committed to a mental institution in New York City with a diagnosis of chronic depression. She had suffered a miscarriage and wasn't able to get over it or deal with it as some women seem able to do. After voluntarily hospitalizing herself several times, she was involuntarily committed.

Judi was struck by the life committed people are forced against their will to live, even in one of the better hospitals such as hers. "There are real indignities and real problems when all facets of life are controlled; when to get up, to eat, to shower; and chemicals are put inside our bodies against our will," Judi told the New York Times in 1981. There was a lack of activity and fresh air. There were seclusion rooms and wards for noncompliant patients, even those who were not violent. Drugs which made her lethargic and affected her memory seemed intended to control rather than cure. She referred to herself as "a prisoner of the system."

After her release she began working with organizations in the mental health rights movement. In 1978 her book "On Our Own" was published and it became the "bible" of the movement according to Daniel B. fisher of the National Empowerment Center. The book is a set of beliefs and principles which are reflected in the subtitle, "Patient Controlled Alternatives to the Mental Health System." In 2000 she was the primary author of a federal report by the National Council on Disability called "From Privileges To Rights." The report held that in the old system patients had to earn privileges and she advocated for basic rights such as the right to see visitors, to leave the grounds, and to have their own clothes.

Quoting from her book: "The public dislikes mental patients, mentally retarded people, the physically disabled, the deformed or disfigured, and often such people are incarcerated in institutions euphemistically called hospitals, schools and homes. The public's aversion to people who are different is not sufficient reason to justify locking them up."

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TARDIVE DYSKINESIA AND REGLAN
Posted by: Darrell Castle
January 26, 2010

Tardive Dyskinesia is an involuntary movement of muscles usually in the face characterized by grimacing, puckering, twitching, etc. The movements are chronic and often irreversible. Use of the drug Reglan, normally prescribed for acid reflux or for nausea, and also known as metoclopramide, has been associated with tardive dyskinesia.

In February, 2009 the FDA required that the manufacturers of Reglan add a warning, known as a black box warning, to their labels to warn Reglan users of the risk of tardive dyskinesia long term. Most people who experience tardive dyskinesia from Reglan use have taken the drug for longer than three months. Tardive dyskinesia is a very difficult disorder which usually continues long after Reglan use is discontinued.

Its symptoms include: involuntary, repetitive movements of the extremities; facial tics; lip smacking and pursing or puckering of the lips; facial grimacing; tongue protrusion; rapid eye movements and blinking; impaired movement of the fingers; restless leg syndrome. There is no apparent cure for these symptoms.

If you have taken Reglan and have any of the above listed symptoms, seek medical help and then legal help immediately. The Law Firm of Darrell Castle and Associates is currently investigating cases of Reglan caused tardive dyskinesia.

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26 DIE AT PSYCHIATRIC HOSPITAL
Posted by: Darrell Castle
January 20, 2010

Associated Press writer, Andrea Rodriguez, reported that the Cuban government said 26 patients at Cuba's largest hospital for the mentally ill died this past week during a cold snap. How does this happen in a tropical country where the temperature rarely falls below 50 degrees Fahrenheit? The recent prolonged cold weather across the eastern part of the United States also drove the temperature to 38 degrees in Boyeros, the neighborhood where Havana's Psychiatric Hospital is located.

The Cuban Commission on Human Rights head, Elizardo Sanchez, stated that so many patients dying of hypothermia was "absurd in a tropical country" and claimed the deaths could have been prevented if the government had granted requests to tour Cuba's 2500 bed mental hospital.

It is understandable that a tropical, sun drenched country such as Cuba doesn't have central heat in hospitals, but blankets could possibly have prevented the deaths. How expensive and how much trouble could it be to hand out a few blankets? The various international aid groups would probably have provided them for free. Cuba provides free health care to its citizens but it is plagued by shortages. Patients are expected to bring their own sheets and towels and sometimes food during hospital stays. That could prove difficult for mentally ill people to do. The Cuban government blames the shortages on the U.S. trade embargo, although the embargo does not include medicine or medical supplies.

In the United States, we have a system of government regulations to enforce guidelines of health and safety against nursing homes and hospitals. American facilities are covered by insurance companies which have a financial interest in the regulations being followed appropriately because they know that trial attorneys will investigate and litigate cases of abuse and neglect. Thank the trial lawyers of America for a large part of the safety of American hospitals and nursing homes.

God bless America and its health system.

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NURSING HOMES, DRUG COMPANIES AND DOCTORS ARE THEY ALL IN IT TOGETHER
Posted by: Darrell Castle
January 18, 2010

The federal government has accused drug maker, Johnson and Johnson of paying kickbacks to a big nursing home pharmacy company to get the company to prescribe more of its drugs including the antipsychotic Risperdal. Quoting the New York Times; "The payments violated the federal anti-kickback statute and led Omnicare, a pharmacy company specializing in dispensing drugs to nursing home residents, to submit false claims to Medicaid, the complaint charged." According to Carmen M. Ortiz, United States Attorney for Massachusetts, "kickbacks in the nursing home pharmacy context are particularly nefarious." Senator Herb Kohl, chairman of the Senate Special Committee on Aging said, "nursing home residents comprise a vulnerable population that should be able to trust that their physician's advice is based on medical expertise, not financial self interest."

This is a very egregious accusation because for companies to bribe doctors to prescribe anti-psychotics to their most vulnerable patients is about as low as it gets. This is especially bad when the market capitalization of these drug companies is as high as it is now. Omnicare alone has a market cap of about 3.1 billion and serves more than 1.4 million residents of nursing homes, assisted living, and other health care facilities in 47 states and Canada, according to the company's own web site. Johnson and Johnson denied the allegations and said that it looks forward to defending its actions in court despite the fact that last November, Omnicare paid $98 million to settle civil charges by the government that it had violated the false Claims Act for engaging in kickback schemes with Johnson and Johnson and a smaller drug company.

Government regulations are designed to protect nursing home residents from medication such as being sedated with anti-psychotics for the sake of convenience or discipline. Nursing homes are required to arrange for an outside consulting pharmacist to review the medication regimen of patients at least once a month and the outside pharmacist has a duty to report any irregularities. The government's complaint raises the question of whether the drug companies used the consulting pharmacists for corporate gain. Johnson and Johnson is not the only one. Last January, the drug maker Eli Lilly pleaded guilty to a misdemeanor and paid 1.415 billion to settle criminal and civil charges that it marketed its anti-psychotic Zyprexa for the treatment of elderly people with dementia.

Should you are a loved one become a resident of a nursing home, watch the medication very, very carefully and if you suspect or notice a problem, get legal advice.

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DO HAPPY PILLS WORK
Posted by: Darrell Castle
January 12, 2010

A recent study conducted by researchers at the University of Pennsylvania indicated that the antidepressants Paxil and imipramine work no better than placebos ("than sugar pills," said CNN) for people with mild to moderate depression. This study was widely reported by CNN and in an article by Judith Warner in the New York Times January 9, 2010. The headline said, "happy pills don't work," but Ms. Warner found that statement neither startling nor true. Experts have argued for years that antidepressants are over prescribed and over sold, but the New York Times has concluded that lost in the clutter of all the psychiatric hype and trickery is the true picture of mental health care in America.

The study actually concluded that antidepressants do work for very severely depressed people, as well as for those whose mild depression is chronic. However, for those who are not truly depressed antidepressants do not work. People with short term minor depression tend to get better without treatment. Often just talking about it seems to help them. People who are depressed for the first time or who have suffered a temporary setback causing depression are not ideal candidates for drug therapy according to the researchers.

The conclusion of Ms. Warner's article is that the real culprit in the mental health problems of America is the system of treatment, or lack of treatment, as it exists. "The trouble is not that the drugs don't work; it's that the care is not very good." People with mental health problems tend to be undertreated or not treated at all. When they are treated it is usually by a general practitioner rather than a mental health specialist. According to the Times, the true picture of mental health care in America is not perfectly healthy people popping pills but mentally ill people not getting care.

I submit that the real interest of Judith Warner and the New York Times is revealed in the last sentence of the article. "With health care reform almost certainly on the horizon, perhaps now we can hope they will start asking." In other words, the New York Times wants us to believe that once the federal government has total control of our health care things will be so much better.

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ARE TODDLERS REALLY PSYCHOTIC
Posted by: Darrell Castle
January 07, 2010

A new study reported January 4, 2010 in Business Week Magazine found that the rate of children aged 2 to 5 who are given antipsychotic medications has doubled in recent years. Researchers from Columbia University and Rutgers University looked at data on more than 1 million children with private health insurance and were concerned because very little is known about the effectiveness or safety of such powerful psychiatric medications in children this age. Dr. Mark Olfson, a professor of clinical psychiatry at Columbia, said that prescribing antipsychotics to children ages 4 to 5 is justifiable only in rare intractable situations in which all other treatments including family and psychological therapy, have failed. It's questionable whether 2 and 3 year olds should ever be prescribed antipsychotics, Olfson said.

The study, which is published in the January issue of the Journal of the American Academy of Child and Adolescent Psychiatry, presumes that only children with the most severe mental problems would be given such potent drugs. Yet, the researchers noted that less than half of children on antipsychotics had received any mental health services, including a mental health assessment or treatment from a psychotherapist. Dr. Olfson raised the question of whether doctors had done everything they could to help the child before turning to medications.

Overall the relative numbers of children prescribed antipsychotics remains small but it is growing rapidly. In 1999 to 2001, about one in 1300 was being treated with antipsychotics. By 2007, that had risen to one in 630, according to Olfson. Children on Medicaid are even more likely than children with private insurance to be prescribed antipsychotics.

The most common antipsychotic drug prescribed was risperidone which is sold under the name Risperdal. Risperidone is used to treat schizophrenia and bipolar disorder and is approved by the FDA to treat unstable mood or irritability in children with autism aged 5 and up. Dr. Peter Jensen at the Mayo Clinic said that this trend is concerning. "We have no doubt there are prescribing practices out there that are very, very worrisome." Jensen went on to say that in his experience he had never to put a child of 2 or 3 on antipsychotics. "There is so much else that can be done."

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BYETTA: PRESCRIPTION FOR KIDNEY FAILURE AND ACUTE PANCREATITIS
Posted by: Darrell Castle
December 31, 2009

Patients with type 2 diabetes who have beenprescribed Byetta should be aware of recent FDA warnings of potentially fatal health risks related to kidney failure and pancreatitis associated with that drug. The FDA has required warning revisions for the drug and even issued alerts to healthcare providers and patients.

Byetta was introduced to the market in 2005 and since then more than 6.6 million prescriptions have been written. The type of pancreatitis experienced by Byetta patients appears to be a different, more lethal form than ordinary pancreatitis. Hemorrhagic pancreatitis or necrotizing pancreatitis where pancreatic cells are actually destroyed by the disease rather than only damaged is statistically elevated among Byetta uses over the population at large.

Byetta patients should look for symptoms of : persistent, severe abdominal pain without other explanation; accompanied by vomiting but not in every case; swelling in the extremities without other explanation; dull ache in mid to lower region of the back; changes in urine color, frequency, or amount of urination; changes in blood pressure. Patients should seek medical attention for these symptoms especially if using Byetta.

If you have suffered acute pancreatitis or kidney failure caused by Byetta, you may be entitled to compensation. Consult the advice of an experienced legal professional such as those at Darrell Castle and Associates.

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BYETTA?PRESCRIPTION FOR KIDNEY FAILURE AND ACUTE PANCREATITIS
Posted by: Darrell Castle
December 31, 2009

Patients with type 2 diabetes who have been prescribed Byetta should be aware of recent FDA warnings of potentially fatal health risks related to kidney failure and pancreatitis associated with that drug. The FDA has required warning revisions for the drug and even issued alerts to healthcare providers and patients.

Byetta was introduced to the market in 2005 and since then more than 6.6 million prescriptions have been written. The type of pancreatitis experienced by Byetta patients appears to be a different, more lethal form than ordinary pancreatitis. Hemorrhagic pancreatitis or necrotizing pancreatitis where pancreatic cells are actually destroyed by the disease rather than only damaged is statistically elevated among Byetta uses over the population at large.

Byetta patients should look for symptoms of : persistent, severe abdominal pain without other explanation; accompanied by vomiting but not in every case; swelling in the extremities without other explanation; dull ache in mid to lower region of the back; changes in urine color, frequency, or amount of urination; changes in blood pressure. Patients should seek medical attention for these symptoms especially if using Byetta.

If you have suffered acute pancreatitis or kidney failure caused by Byetta, you may be entitled to compensation. Consult the advice of an experienced legal professional such as those at Darrell Castle and Associates.

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RISING DISABILITY CLAIMS DRIVEN BY UNEMPOLYMENT
Posted by: Darrell Castle
December 17, 2009

MSNBC news reported today Thursday, December 17, 2009 that applications for social security disability are up nearly 30% in the last two years. The rising number of claims are taxing an already severely overburdened system and extending the time of payment of successful claims further and further into the future. According to the Social Security Administration, which runs the two main federal disability programs, disability claims are expected to rise another 10% in 2010, to 3.3 million new claims. "These applicants aim to join the roughly 12 million Americans who received disability benefits at a total cost of $161 billion in fiscal year 2009, according to the latest figures from Social Security.

The rising numbers of claims are being driven by two main factors says MSNBC, the aging of the baby boomer generation and the slumping economy. The average age of disability claimants is now 50 and with baby boomers reaching their peak years of eligibility, claims have been soaring. The social security system is having trouble handling all the claims which causes the average wait time to back up, sometimes for years. States that have the worst economies also have the most difficult problems with the disability system.

Many people who have recently lost their jobs are coming to grips with the fact that they may never be able to find a job again, especially at their former pay level. For example; a man in his fifties who has worked in the same factory most of his life and finally has his pay up to $20 per hour is let go by the factory. He has worked for years with several lingering injuries, probably due to hard work, and maybe a nagging illness as well. He now finds that his home with first and second mortgages totaling $150 thousand is now only worth about $100 thousand and he can't sell it even at that price because he is not the only one let go by the factory. This man and his family are going to have a very difficult time in the years between now and age 65 when he is eligible for social security. He will probably lose his home, and his health insurance, need food stamps, and other public assistance. His life will never be the same or even close to it again.

In reality, people in this situation are disabled. Using the standards of our modern society, with its out sourced factories and dead retail sales, there is no substantial gainful activity that he can perform. Why not allow a bankruptcy judge to write down his mortgage to the real value of his home and re-amortize his payment accordingly? Why not put him back to work in a job where he can have his dignity back and something useful is actually produced? Jobs in the production of energy to fuel the American economy could be abundant and well paying if the forces driving it all would concentrate more on our typical man and his family and less on banks and Wall Street.

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DILANTIN LINKED TO STEVENS JOHNSON SYNDROME
Posted by: Darrell Castle
December 02, 2009

Stevens Johnson Syndrome (SJS) is a serious disorder affecting the skin and mucous membranes of both men and women of all ages, even children. In most cases SJS is a severe reaction to a drug such as the anticonvulsant Dilantin. Sometimes SJS can be caused by a reaction to a severe infection. Symptoms to watch for, especially if you are taking Dilantin include: painful red or purple skin rash that spreads and blisters and sometimes looks like boils; blisters in the eyes, nose, mouth, throat or genital area; fever; peeling and shedding of the skin.

SJS can have very severe complications including: secondary skin infection which is acute and can be life threatening; sepsis occurs when bacteria enter the bloodstream and this can also be life threatening; eye problems resulting in blindness; internal organ damage; and permanent, severe skin damage.

If you are taking Dilantin and are having any of the above symptoms, by all means seek medical attention immediately if you have not done so. Consider calling the Law Firm of Darrell L. Castle and Associates for a free appointment to discuss your possible personal injury claim.

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FORMER SMOKER WINS TOBACCO CASE
Posted by: Darrell Castle
November 23, 2009

A jury in Fort Lauderdale Florida ordered Phillip Morris USA to pay $300 million to a former smoker who now needs a lung transplant. If this case survives on appeal it would be the largest award to an individual in a tobacco case. A state Supreme Court ruling in Florida made it easier for plaintiffs to prevail in tobacco cases by lowering the burden of proof. In 1998 the seven largest tobacco companies agreed to pay $206 billion in a master settlement with 46 states. Florida was one of those states but the state supreme court lowered the burden of proof in 2006 thus opening the door for thousands of new suits. The Florida court rejected a class action verdict of $145 billion and said plaintiffs would have to sue individually, but the court lowered the burden of proof for those individuals. The key elements traditionally required for proof in a tobacco case: that nicotine is addictive, that smoking causes diseases, and that cigarette companies hid those facts no longer have to be proven in the Florida cases.

Last Thursday's $300 million award included $56 million in compensatory damages and $244 million in punitive damages. The trial lasted three weeks and the jury deliberated for three hours. The plaintiff started smoking when she was 20 and quit when she was 45 years old. She alleges that she now has severe emphysema and needs a lung transplant. The Jury found her 10% liable for her disease and Phillip Morris 90%. More than 9000 cases now await trial in Florida but Phillip Morris expects the appellate court to reject the relaxed burden of proof set by the Florida Supreme Court.

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INJURED BOY AWARDED $6.5 MILLION
Posted by: Darrell Castle
November 16, 2009

The Memphis Commercial Appeal newspaper reported in a local news story of Saturday, November 14, 2009 that a Memphis jury returned a $6.5 million judgment Friday against Ford Motor Company and on behalf of a boy who was critically injured in a 2002 two car crash that also killed three men including his father and grandfather. The trial lasted six weeks and the jury found Ford liable for 15% of the total verdict of $43.8 million. The six year old victim was using a seatbelt deemed to be defective and not suitable for a child.

The car in which the child was riding was hit head on by a drunk driver who was also killed in the accident. The lawyer who represented the injured boy said that if the case survives appeal his client will be taken care of. This case is an example of good lawyering and tireless effort on behalf of one's client, a little boy left paralyzed for life. Where would he be without the skill and hard work of this trial lawyer? Who does his family see for his lifetime care if not for the trial lawyers?

This is also a case of looking outside the obvious for a solution to a client's injury. The judgment against Ford is essentially a defective design issue in which the seatbelts in the Ford cars of that year would not fit a child 4 to 8 years old. People who are catastrophically injured or their survivors if they are killed should consider the crashworthiness issues of the cars or trucks in which they were riding. Sometimes the crashworthiness of the vehicle is an answer even when there is no obvious cause of the accident or even when it appears the injured party is at fault. Should you have a case that might possibly have a crashworthiness issue consider calling The Law Offices of Darrell L. Castle and Associates for a free appointment with an experienced attorney.

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E.COLI CONTAMINATION
Posted by: Darrell Castle
November 11, 2009

The dictionary definition of e.coli (escherichic coli) is one of several types of bacteria that normally inhabit the intestine of humans and animals. Some strains of e. coli are capable of causing disease under certain conditions when the immune system is compromised, or disease may result from an environmental exposure.

Yes indeed, disease may result from environmental exposure and has done so many times in recent years. Some of these higher profile cases have been widely reported in national newspapers such as the New York Times. E. coli bacteria may cause infections in wounds, the urinary tract, biliary tract, and abdominal cavity. It may cause septicemia, neonatal meningitis, infantile gastroenteritis, tourist diarrhea, and hemorrhagic diarrhea. Environmental exposure to e. coli, when food and water has been contaminated with human or animal feces or sewage, can give rise to a serious threat to public health.

Symptoms of e. coli infection can range from mild to severe depending on the level of exposure and the strain of bacteria. Symptoms can include bloody diarrhea, acute abdominal pain, vomiting, fever, and many severe symptoms up to and including death.

There have been several well publicized outbreaks of e. coli infection within the last few years resulting from contaminated ground beef. The United States Department of Agriculture is tasked with inspecting and safeguarding our meat supply and the department's officials tell us that they are taking e.coli very seriously. The agency reports that it has adopted additional procedures, including enhanced testing at slaughterhouses implicated in outbreaks and better training for investigators. The department recommends that hamburger be cooked at a temperature of at least 160 degrees.

If you have suffered an e. coli infection from an environmental source such as contaminated meat, seek medical attention immediately and when your condition permits, call the Law Offices of Darrell L. Castle and Associates for a free appointment with an experienced attorney.

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