Mississippi Injury Lawyer Blog

Mississippi Rep. Tommy Reynolds, a Democrat, joined the National Conference of State Legislatures Law and Criminal Justice committee co-chairmen, South Dakota Sen. Joni Cutler, a Republican, in backing a recent letter that encouraged other house leaders to express their "strong, bipartisan opposition" to federal medical malpractice reform because it would infringe upon states' rights, reports Julian Pecquet at Healthwatch. Healthwatch is touted as Capitol Hill's healthcare blog on their website.

The letter came in response to House Republicans efforts to pass a tort reform bill (H.R. 5) that would cap non-economic damages at $250,000. Non-economic damages include things like pain, suffering, emotional distress or mental anguish. Pecquet says legislators want the bill to pass "next week as a way to pay for repealing the health reform law's Medicare cost-cutting board" by stabilizing medical malpractice insurance rates.

Continue reading "Mississippi State Representative Opposes Medical Malpractice Tort Reform Bill: Bill Would Unfairly Cap Plaintiffs' Damages" »

When we step through the doors of a retailer, we expect that the representation made to us by that retailer will be trustworthy, and we also expect that retailer to ensure that the products sold in that establishment are safe. However, unfortunately, this does not always turn out to be the case. As reported by the San Diego Union Tribune, the well know sports and nutrition retailer, GNC, is now under fire for selling unsafe products, and may possibly be liable for fraud as well as negligence relating to a products liability claim.

The suit was filed by Lynette Bates, a Southern California woman who bought a pre-exercise drink powder called C4 Extreme last summer. The pre-exercise drink promised "explosive workouts." According to a class action lawsuit filed this month in Los Angeles Federal Court, a substance originally created as an over the counter decongestant has been illegally and unsafely sold in widely marketed sports supplements. The compound, 1,3-dimethylamylamine, also known as DMAA, is "illegal and dangerous," according to the complaint. The lawsuit also claimed that "experts in the industry have become concerned that this potent stimulant drug will lead to serious health issues and even death."

Bates sued the retailer of the product, GNC, and Cellucor Sports Nutrition, which manufactures, distributes and markets the supplement, for "making false and unsubstantiated representations concerning the efficacy, safety and legality of C4 Extreme," among other claims. Cellucor's parent company, Woodbolt International, is also named in the suit.

According to the San Diego Union Tribune C4 Extreme is no longer manufactured with DMAA. But the substance can still be found in a variety of dietary supplements aimed at boosting physical performance or weight loss, such as Jack3d (pronounced "jacked") and OxyELITE Pro, which are sold online and at retail stores. Medical experts say there are potential health risks from consuming DMAA. "What we've seen is that DMAA in supplements has been connected to situations where the heart has gone suddenly into failure due to excessive stress," said Dr. Pieter Cohen, an assistant professor at Harvard Medical School.

Continue reading "Well Known Retailer, GNC, Under Fire for Selling Possibly Dangerous Product" »

"According to the U.S. Surgeon General, about 5,000 kids under 21 die every year as a result of underage drinking - from car crashes, homicides, and suicides" and DUI car accidents continue to claim the lives and limbs of young people in Mississippi, according to the Clarion Ledger. Events like graduation and prom seem to create opportunities for intoxication. In fact, when the Mississippi SmartTrack Survey was administered in grades 6 through 11 during the 2007-2008 school year it found that alcohol is the most commonly used drug among Mississippi students. Across all grades surveyed, 34.8% reported past-90-day use and 26% reported 30-day use. For Mississippi car accident attorneys, these are incredibly alarming statistics.

Per The Century Council, there were 37 alcohol-impaired driving fatalities in Mississippi in 2009 alone, and 4.1 percent of accidents involved drivers under the age of 21. It's no wonder then, that there are several state-wide campaigns targeting youth. The Mississippi Underage Drinking Prevention Coalition of Hinds County (MUDPC-HC), founded in 2008, launched one of the most recent campaigns, designed to keep alcohol out of the hands of minors. With posters featuring messages like "Alcohol is not the only way to have fun" at the center of their movement, the organization professes to be a collaboration between three free-standing prevention programs: Jackson State University's Metro Jackson Community Prevention Coalition and Interdisciplinary Alcohol and Drugs Studies Center, and Alcohol Services Center, Inc. Metro Jackson Community Prevention Coalition. Its goal is to reduce alcohol usage and related consequences to include alcohol-related motor crashes, binge drinking and drinking among youth between the ages of 11-21 in Hinds County, Mississippi.

Continue reading "Mississippi Targets Underage Drinking: Hopes to Curb DUI Car Accidents and Highlight Gaping Loophole in State Law" »

According to the U.S. Consumer Product Safety Commission, more than 1.7 million Tassimo single cup coffee brewers and another 4 million Tassimo espresso coffee pads were recalled on Thursday, February 9, 2012, after reports that dozens of consumers were sprayed with hot liquid. Some consumers were severely burned and suffered extensive personal injury. As reported by USA Today Money and Reuters.com, among the more than 160 consumers injured was a 10-year-old girl from Minnesota, who was hospitalized with second-degree burns on her face and neck, and a 2-year-old girl from Canada with second-degree facial burns.

Tassimo has initiated two separate voluntary product recalls, and information regarding these recalls was posted on the consumer watchdog website early Thursday. This voluntary recall effort was likely initiated by Tassimo in an effort to not only protect consumers, but to also shield itself from further exposure to products liability claims. The first recalled 835,000 Tassimo Single-Cup Brewers in the United States and an additional 900,000 in Canada, and was issued by the manufacturer, BSH Home Appliance Corporation, of Irvine, California.

According to the statement on the consumer product safety website: "The plastic disc, or T Disc, that holds the coffee or tea can burst and spray hot liquid and coffee grounds or tea leaves onto consumers using the brewer and onto bystanders, posing a burn hazard,"

The specific items recalled were Tassimo brewers with the Bosch brand name, which have either "BOSCH" or "TASSIMO" printed on the front, with codes of FD8806 through FD9109. Also recalled were Tassimo Professional brewers, with "TASSIMO PROFESSIONAL" on the front and codes of FD8905 through FD9109. The brewers subject to the recall were sold in stores and online from June 2008 through February of this year.

Continue reading "Tassimo Coffee Brewers Recalled After Customers Report Burn Injuries" »

If we're to believe researchers, the economic downturn may just have some unforeseen benefits. A study in Florida purports to have found a potential link between a significant drop workers' compensation claims made by Tampa Bay construction workers and the loss of construction jobs. The study, which is to be released at the American Academy of Orthopaedic Surfeons' annual meeting, finds that traumatic orthopedic injuries dropped by 16 percent, and, HealthDay reporter Randy Dotinga writes, this may confirm a trend that surgeons have reported over the years.

Workers' compensation attorneys know that orthopaedic trauma resulting from falls on construction sites are is among workers. Such incidents can cause fractured ankles, shinbones and heel bones, according to study author Dr. Daniel S. Chan, staff orthopedic surgeon at Florida Orthopedic Institute in Tampa. Chan and his co-authors found that cases of orthopedic trauma indeed underwent a decline: from 2,065 in 2007 to 1,743 in 2009, a drop of 16 percent. The unemployment rate in the county rose correspondingly, from 4 percent to 10.7 percent. During that time, construction worker employment also fell - by a whopping 36 percent between 2006 and 2009.

The researchers still couldn't confirm a direct correlation between job loss and a decrease in injury, writes Dotinga, but they closely examined the number of trauma cases treated at the Florida Orthopedic Institute from 2001-2009 and then looked for corresponding factors reflecting the rise and fall of the economy during that same time span.

Continue reading "Less Jobs Equals Fewer Worker's Compensation Claims: Economic Downturn To Blame" »

The mother of Todd Brown, a 14 year old middle school student who was shot and killed at school Feb. 5, 2010, has filed a lawsuit against the young man's accused shooter, the shooter's parents and various school officials. The complaint was filed earlier this month in the Madison County Circuit Court by the family's attorney, Birmingham attorney Erik Heninger.

At the time of the shooting, Todd was a student at discovery Middle School, in Madison County, Alabama. The wrongful death lawsuit filed by Towanda Moore, Todd's mother, seeks unspecified damages against the Madison County Board of Education, Madison Superintendent Dee Fowler, Hammad Memon, who has been charged with Brown's murder, Memon's parents, Iqbal and Safia Memon, and other unnamed defendants. The lawsuit also names current Discovery Middle School Principal Robbie Smith. Even though Smith was serving at another Madison school at the time of the shooting, the complaint filed my Todd's mother alleges that Smith's negligent actions lead to Todd's wrongful death. Sharon Willis, who is now the at-risk coordinator for Madison City Schools, was the Discovery principal at the time of the shooting.

The lawsuit alleges that school officials and Memon's parents knew he was a discipline problem and emotionally troubled. The lawsuit alleges that system officials were negligent in allowing Memon to make an out-of-zone transfer from Liberty Middle School to Discovery Middle School. The suit contends there are "several student accounts of Memon bringing a gun to Discovery Middle School campus several times prior to the gunning down of Todd Brown."

According to AL.com, Memon was also 14 at the time of Brown's shooting, now faces a murder charge and is scheduled to go on trial as an adult on June 18. Memon is being defended by attorney Bruce Gardner in the criminal case. Gardner said he will not be handling the civil case and does not know who the family will retain because he has not talked with them since the lawsuit was filed. Gardner did say he would expect the civil attorney to "not allow depositions to go forward until the criminal case is over."

Continue reading "Wrongful Death Lawsuit Filed by Mother of Student Killed in Alabama School Shooting" »

Fatal car accidents always leave the loved ones of the victims feeling a mixture of emotions and wondering what could have been done to prevent the untimely deaths. The case of Matther Hoskins and Evan Raasch, tow good friends from Grady County, Oklahoma, was no different. But the high-speed car crash that killed the two teenage boys in Chickasha, Oklahoma last year has left their parents embroiled in a bitter lawsuit.

As reported by Newsok.com, the mother of Evan Raasch, 15, who died riding in a souped-up car last year, has sued the parents of the driver. Evan's 17-year-old friend and driver of the car, Matthew Hoskins, also died in the crash. Briana Hoskins, 15, the sister of the driver, was thrown 92 feet from the point of impact but survived, according to the Oklahoma Highway Patrol. The wreck happened about 3:45 p.m., about 700 feet south of County Road 1380 at County Street 2760, just south of Chickasha. Hoskins was passing three vehicles when he lost control due to excessive speed and went into a skid, the lawsuit alleges. The car then hit a tree. Evan Raasch was thrown from the car and died on the way to the hospital. Matthew Hoskins died at the scene. The car was not equipped with air bags, and no one in the car was wearing a seat belt.

Karla Raasch, Evan's mother, filed the lawsuit alleging negligence in Grady County on January 12, 2012. The suit alleges the car was traveling more than 100 mph at the time of the wreck. According to the lawsuit, the car was modified with a nitrous oxide kit. The lawsuit names the estate of Matthew Hoskins and Mack and Cammy Lyons, Matther's parents, as defendants. The suit asks for damages in excess of $1 million.

According to Ron Durbin, Raasch's attorney, photographs of the wrecked car show a nitrous oxide bottle hanging out of the trunk. Nitrous oxide is used to enhance engine performance. The kit is legal to install in a vehicle for a racetrack or for drag-racing but not for use in a vehicle on a public roadway, Durbin said.

Continue reading "Fatal Car Accident- Fueled by Nitrous Oxide - Causes the Wrongful Death of Two Teens " »

If a bar or restaurant continues to serve a visibly drunken patron, should that establishment be held liable for the actions of that drunken patron? Is it a bar's responsibility to ensure that their passengers do not leave the establishment and subsequently cause harm to others? These are just a couple of the issues that a Washington State Superior Court will have to delve into in the wrongful death and negligence case filed by the estate of a man who was killed in a drunk driving accident.

According to The News Tribune, a complaint filed in the Pierce County Superior Court by the estate of Samuel Stephens alleges that Stephens, a youth pastor who was killed in a DUI car accident, might still be alive had a Sumner, Washington bar not over served the drunken driver who ran into him.

The lawsuit was filed against Captain Jack's Bar and Grill and its owners, Lee and Penny Hogenson and Horst and Janice Vierthaler and is seeking unspecified damages. The lawsuit also names Joseph P. McNeil as a defendant. McNeil was the drunken driver who was convicted of killing Stephens. As reported by The News Tribune, Stephens, who was 24 years old, died on September 6, 2010. Stephens was driving on Stewart Road in Pacific about 2 a.m. when McNeil's car crossed the center line and hit him. McNeil pleaded guilty to vehicular homicide and in April was sentenced to two years, seven months in prison. As part of his plea deal, he admitted being under the influence of alcohol at the time of the crash.

According to the lawsuit filed by Stephens' estate, McNeil consumed the alcohol, way too much of it, at Captain Jack's Bar and Grill. He complaint states: "Over the course of many hours, owners and/or employees of defendant ... sold numerous alcoholic beverages that were consumed by defendant McNeil," the lawsuit states. "McNeil eventually departed in the early-morning hours of Sept. 6, 2010, in an obviously intoxicated condition."

Continue reading "Should Bars and Restaurants who Serve Alcoholic Beverages be held Liable for the Actions of Their Drunken Patrons?: This Issue Will Soon be Determined in a Washington State Superior Court" »

Normally, a medical malpractice lawsuit involves several factors, including proving the applicable standard of care, securing witnesses, confirming the facts of the incident, determining the extent of the patients injury or damages, and preparing for trial. However in the case of one Jackson, Mississippi couple, these factors did not apply. In a sense the resolution of this case was to the advantage of this couple, but in some ways it is a testimonial to the severe injury and pain that this couple clearly suffered.

On Tuesday January 10, 2012, Hinds County, Mississippi Judge Bill Gowan awarded Daschica Thomas and her husband, Christopher Thomas of Jackson, Mississippi $600,435 in a lawsuit arising from a pregnancy termination procedure that Mrs. Thomas received in 2003.

According to the Clarion Ledger, the Thomas' medical malpractice lawsuit was filed against Dr. Joseph Booker in 2005. At the time Mrs. Thomas received her procedure, Dr. Booker was practicing at what was previously known as the Jackson Women's Health Organization abortion clinic. In addition to Dr. Booker, the lawsuit also names the clinic, the National Women's Health Organization of Jackson, and others as defendants.

Mr. and Mrs. Thomas alleged in their lawsuit that Booker stopped performing the pregnancy termination shortly after starting it and said he was unable to finish it. Dr. Booker recommended that Thomas come back so it could be completed by another doctor. According to the Clarion Ledger, the Thomas' complaint states in part: "Booker did not recommend antibiotics to her," according to court papers. Thomas, a diabetic, began cramping and went home, but there "she continued to spot, bleed and she felt dizzy, sick and feverish." As a result of Dr. Booker failing to complete the procedure, Thompson suffered sepsis poisoning, and fell into a coma for a week and half.

Mr. and Mrs. Thomas were saved the possible agony and anguish of reliving their injury at trial because the defendants, Dr. Booker and the Jackson Women's Health Organization failed to respond to their complaint. As a result of the defendants' failure to answer, Judge Gowan entered a default judgment in favor of the plaintiffs, Mr. and Mrs. Thomas.

Continue reading "Jackson, MS Couple Victorious in Medical Malpractice Lawsuit Regarding Doctor's Refusal to Complete Pregnancy Termination Procedure" »

Two Georgia men died over the weekend in an unfortunate car accident in southern Mississippi. The men, both of whom hailed from Georgia, were traveling with a group of friends to New Orleans for the BCS championship game when their motorhome experienced a tire blowout, ejecting several people from the recreational vehicle. Mississippi Highway Patrol Cpl. Todd Miller confirmed that the motorhome blew a front tire, and ran off Interstate 59 in Forrest County, Mississippi, before striking a tree in the median. Of the 14 people riding on the 2002 Freightliner, 10 were injured, aside from the two fatalities.

The owner of the vehicle, a 70-year-old man and former NFL player, Solomon Brannan reported to the Associated Press that he had allowed his friends to borrow the home for this trip, after he was unable to go. One of the deceased, 61-year-old Allen Holt, was a professional bus driver, but the blowout he encountered while on the road in the large vehicle was one even the most experienced driver might not be able to overcome. The second victim, Darryl Parker, had been injured in a previous car crash almost 17 years ago. In a striking turn of events, in 1995 Parker was partially paralyzed and left in a wheelchair after an accident that occurred while he was on the way to a game, but he survived. Unfortunately, this was an incident that claimed his life.

Normally, the tread on a motorhomes tires are designed for extensive wear and tear. Blowouts sometimes result when the tires have aged, and, as this unfortunate incident demonstrates, can be deadly at high speeds. Experts advise that motorhome tires be changed every seven years, especially because over time exposure to sunlight can result in cracks in the tires themselves, serving as a kind of warning before the actual blowout occurs.

Continue reading "Motorhome Blowout in Mississippi Results in Fatal Crash" »

Only a few days after Christmas, one Mississippi man received news that no plaintiff to a lawsuit wants to hear, that his jury award, which had been the largest verdict awarded to a single plaintiff in an asbestos case, had been vacated. The jury award was vacated by Mississippi judge William F. Coleman in an order signed on December 27, 2001. According to Forbes.com, the plaintiff, who had suffered personal injuries, or "asbestos maladies," as a result of being exposed to the chemical, was awarded $322 Million dollars by a Mississippi jury in May 2011.

According to the Wall Street Journal Law Blog, Thomas Brown Jr. filed the case styled Brown v. Phillips Co., 2006-196, in the Circuit Court of Smith County, Mississippi in 2006. Brown, who worked in the Mississippi's oil fields from 1979 to the mid 1980's, was later diagnosed with asbestosis. According to Brown's lawsuit, he acquired the condition as a result of inhaling asbestos dust while mixing drilling mud sold by Chevron Phillips Chemical and manufactured by Union Carbide Corporation, which was tainted with asbestos used as a thickening agent.

The jury found that Chevron Phillips and Union Carbide were liable to Brown in this product liability case, for defectively designing their product and failure to provide an adequate warning. Brown, who was 48 at the time of the award in May, said he was diagnosed with asbestosis and required to take oxygen 24-hours a day. As a result, the judgment included awards for medical expenses, damages for pain and suffering, and punitive damages. In total, Brown was awarded $322 million - $22 million in compensatory damages, and $300 million in punitive damages. According to Brown's lawyer, Allen Hossley, this was the biggest asbestos award ever to a single plaintiff. However, only months later, this award was vacated.

According to Bloomberg.com, Brown's award was overturned as a result of Carbide asking the state Supreme Court to overturn the verdict. Both companies claimed that Smith County Circuit Judge Eddie Bowen, the judge who had presided over Brown's case, had a conflict of interest because his parents had been involved in asbestos legal claims, including one against Union Carbide. According to the Associated Press, Union Carbide first asked Circuit Judge Eddie Bowen to toss out verdict shortly after the record award was handed down. They also asked Bowen to step down from the case. When Bowen didn't respond, Union Carbide went to the Supreme Court and asked the justices to remove him.

Continue reading "Largest Asbestos Verdict in History Tossed Out by Mississippi Judge" »

For many, the prospect of visiting the dentist is already one that is filled with anxiety, for several reasons. However, the death of a 17 year old young woman from Maryland may lead to additional fears about the dentist. According to the Baltimore Sun, the parents of Jennifer Michelle Olenick , a high school student from Woodstock, Maryland, have filed a civil suit against the dentist who was treating Jennifer on March 28, 2011, when her pulse and oxygen levels began to drop. Jennifer subsequently passed away on April 6, after laying in a coma for several days.

Jennifer Olenick, a 17 year old high school junior who was better known by her friends as Jenny, went in to the offices of Dr. Domenick Coletti on March 28, 2011 in order to undergo a routine wisdom tooth surgery. However, Jenny's surgery turned out to be anything but routine. The Baltimore Sun reports that according to Dr. David Fowler, the state's chief medical examiner, Jenny was first given a standard dose of anesthesia by anesthesiologist Dr. Krista Michelle Isaacs during the procedure that did not "get her deep enough so she was fully anesthetized." Because of this, more anesthesia was administered by Isaacs.

According to the Baltimore Sun, at approximately 8:05 a.m., Jenny began to experience bradycardia, or a slowing of her heart rate. Next, according to medical examiner Fowler, "A little while later, the oxygen saturation in her blood started dropping." Shortly thereafter, according to the autopsy report, Jenny went into hypoxic arrest. Emergency responders were called and advanced cardiovascular life support protocol was initiated. Jenny was subsequently rushed to Howard County General Hospital and then to Johns Hopkins Hospital for more specialized care. Tragically, Jenny died at Johns Hopkins Hospital on April 6 after being in a coma for days. Jenny's autopsy found that she suffered acute hypoxic-ischemic encephalopathy, or damage to the brain from a lack of oxygen, and severe brain edema, or swelling of the brain tissue. These conditions are what lead to her death. However, the question is whether her death could have been avoided.

According to the lawsuit filed by Jenny's parents against her dentist and the anesthesiologist, her death most definitely could have been avoided. On November 30, 2011, Jenny's parents filed a lawsuit against Dr. Krista Michelle Isaacs, the anesthesiologist; Dr. Domenick Coletti, the oral surgeon; Central Maryland Oral and Maxillofacial Surgery PA and Baltimore Washington Oral and Maxillofacial Surgery Center LLC, both Columbia practices in which Coletti is a partner; and Safe Sedation LLC, which the Maryland Board of Physicians Web site lists as Isaacs' primary practice setting. The lawsuit alleged that Isaacs and Coletti were negligent in their care of Jenny and failed to resuscitate her after her heart rate slowed to a "panic level" of 40 beats per minute and her body began losing oxygen. The suit goes on to claim that those failures led to Jenny not having a pulse when emergency responders arrived at Dr. Coletti's office, and that they directly allowed for the "massive and irreversible brain injury" that resulted in her death April 6.

Continue reading "Dental Malpractice Leads to Death of Maryland Teen" »

When consumers purchase and take pain relief medication, it is expected that the medication will be safe and effective. However, in an announcement made on the products website, the makers of Motrin Pain reliever, Johnson and Johnson informed consumers of a malfunction with the product. According to the web announcement, the product may not be as effective as expected under certain circumstances. Although neither Bloomberg nor Reuters have reported any products liability lawsuits s or injuries stemming from the product malfunction as of yet, both new agencies have announced news of the product malfunction.

According to Bloomberg, the maker of Motrin, Johnson and Johnson, which has been plagued by other product recalls over the last two years, recently announced that it was asking retailers to return about 12 million bottles of Motrin over concerns the painkiller may dissolve too slowly. According to a statement on its website, Johnson and Johnson's McNeil Consumer Healthcare unit said that tests of product samples showed some caplets may not dissolve as quickly as intended when near their expiration date.

Johnson and Johnson spokeswoman, Bonnie Jacobs, said in a telephone interview with Bloomberg that consumers do not have to return any bottles, but it's possible there may be "a delay in relief" after taking the drug. In light of Johnson and Johnson's announcement, it seems as if there is not a poison or contamination threat the consumers must be wary of. However, the announcement does indicate that as the pain reliever ages, it may not be as effective as advertised or anticipated, which can pose a problem for consumers who rely on the effectiveness of the product.

According to Reuters, the bottles that are the subject of Johnson and Johnson's recall were distributed in the United States, Puerto Rico, Bahamas, Fiji, Belize, St. Lucia and Jamaica. Johnson and Johnson has already initiated its recall efforts in Puerto Rico and Jamaica. According to the statement released by Johnson and Johnson, "Out of an abundance of caution, we are recalling all the listed products since there is a chance they could experience a similar problem as they approach expiration."

Continue reading "Johnson and Johnson Pulls Millions of Bottles of Motrin Pain Reliever from Store Shelves" »

When parents send their children to school, it is expected that school officials will do everything in their power to ensure the protection of their children. One Tennessee mother claims that this is exactly what she expected of her local school district, but this protection was not afforded to her daughter. Christina McDonald is alleging, in a lawsuit against Sumner County Tennessee Board of Education, that the county school board is partly liable for the wrongful death of her daughter, Alexis Thompson.

Christina McDonald is filing suit against the county school board, but not for the reasons that one might think. The death of her daughter did not occur on school grounds, nor did it occur as a result of a tragic accident associated with a school function. Alexis Thompson died in an auto accident, as a passenger in a truck driven by her step father, Dusty McDonald. At the time of the accident, Dusty McDonald was intoxicated. Seeing that Alexis died as a result of an auto accident, in which her father was the driver, the question is: how is the school board liable?

In her lawsuit against the Sumner County Board of Education, Christina McDonald is alleging that the school system is responsible for her daughter's death because they allowed Alexis to leave her school with her father, who came to pick her up, visibly intoxicated. According to The Tennessean, Alexis Thompson, who was a third grader at Benny Bills Elementary School, was killed March 8 after leaving an after school program with her stepfather, Dusty McDonald. The Tennessean reports that according to authorities, Dusty McDonald went to the school after drinking all day to pick up Alexis after he realized that she had not been brought home by the bus.

After picking up Alexis, Dusty McDonald crashed his pickup truck into a tree after losing control of his truck while rounding a curve in the road. Also according to authorities, Dusty McDonald fled the scene of the auto accident on foot, leaving Alexis trapped and seriously injured in the truck. Alexis was later pronounced dead at Sumner Regional Medical Center in Gallatin, Tennessee. In September, Dusty McDonald pled guilty to aggravated vehicular homicide, leaving the scene of an accident involving a death, and a fifth offense of driving on a revoked license as a result of Alexis's death. He was sentenced to 22 years in prison.

Continue reading "Tennessee Mother Sues Local School Board over the Death of Her Young Daughter " »

Many of us remember the anthrax attacks that began shortly after the September 11, 2001 tragedy. These attacks struck fear in the heart of many Americans because at the time the attacker was unknown, and it was speculated that Al-Queda was responsible for this biological hazard as well as for the September 11th attacks. Last month, the United States government agreed to settle a negligence and wrongful death lawsuit brought by the family of the first victim of the 2001 anthrax attacks. The settlement amount agreed upon was 2.5 million dollars. According to the Washington Post, documents filed in U.S. District Court in West Palm Beach, Florida, show that the Justice Department agreed to the settlement but did not admit liability in the death of Robert Stevens.

Robert Stevens, the first victim of the 2001 anthrax attacks, was a tabloid editor, who worked for American Media, publisher of the National Enquirer Sun, Globe and other tabloids. According to the New York Times, Stevens, who at the time was 62, died on October 5, 2001, just days after inhaling anthrax spores which were contained in a letter that had been delivered to his place of work. According to the Washington Post, after Stevens death, federal officials initially believed that Al-Queda was the culprit behind these biological attacks. However, the F.B.I. soon began to focus on the possibility that an American biodefense insider was behind the attacks. Four other people died and 17 others were sickened in similar letter attacks, which the FBI concluded were perpetrated by Dr. Bruce Ivins, a Fort Detrick scientist, who committed suicide after he became the subject of investigations.

The Washington Post reports that in their suit against the U.S. Government, which was filed in 2003 and initially sought 50 million dollars, Stevens widow, Maureen, his son and two daughters accused the government of negligence in his death because it engaged in the "ultra-hazardous activity" of experimenting with anthrax bacteria at Fort Detrick. Also according to the lawsuit, officials knew "that the potential harm was likely to be great, namely, the cause of human death."

According to the family's attorney, Richard D. Schuler, documents and testimony showed minimal vetting of government scientists who worked with anthrax and other pathogens, weak laboratory security and haphazard inventory controls before 2001. Mr. Schuler stated: "What we found was a horror show, basically. There was a serious potential danger to society from a biological attack as a result of either an insider or outsider getting access to these lethal organisms."

Continue reading "United States Department of Justice Settles Claim Brought by Family of First Anthrax Victim" »