April 2011

Another Dangerous Drug?: Woman Claims Humira Caused Permanent Nerve Damage

April 30, 2011, by Michael A. DeMayo

A woman is suing Abbot Laboratories for products liability because of personal injuries she says she sustained from Taking Humira. She claims that the drug, which she took for Crohn’s disease, caused permanent nerve damage in her feet.

The plaintiff, Kara Mae Pletan said that she began to develop small fiber peripheral neuropathy three months after she started taking Humira injections. Because of the “stabbing pains and hypersensitivity” in the 32-year-old’s feet, she had to sell her family’s retail furniture store because she could no longer do her job. She also is now unable to take part in outdoor activities.

Pletan contends that even before Abbott started marketing the drug to Crohn’s disease patients, the drug manufacturer knew that the medication could cause peripheral neuropathy. Her lawyer says that Abbott has downplayed Humira’s serious side effects.

Peripheral Neuropathy
• Can cause pain and numbness in the feet and hands
• Typically creates a painful sensation that feels like burning or tingling
• Loss of sensation may cause the person to feel like he/she is wearing a glove or stocking

Initially sold as a drug for rheumatoid arthritis, Humira is now approved by the US Food and Drug Administration for five autoimmune diseases, including Crohn’s diseases. Last year, worldwide sales of Humira was $6.5 billion

Pletan is not the only person to sue Abbott over Humira. In January, plaintiff Gayathri Murthy blamed her lymphoma on the drug, which she took for arthritis. Another plaintiff who has arthritis, Maureen Calisi, also has said Humira caused her cancer.

North Carolina Dangerous Drug Lawsuits
If you believe that taking Humira caused you or your loved one to develop health complications, you should find out about your legal options for filing a North Carolina dangerous drug lawsuit.

Abbott Labs Sued on Claim Humira Caused Lasting Nerve Damage, Bloomberg, April 26, 2011

Arthritis ‘Miracle’ Drug Caused Breast Cancer, Suit Charges, Consumer Affairs, April 19, 2011

Related Web Resources:
Peripheral neuropathy, Mayo Clinic

Humira, NIH.gov


Related Web Resources:
Republicans Propose Bill Protecting Drug Makers from North Carolina Products Liability Lawsuits, North Carolina Injury Lawyer Blog, March 29, 2011

Topamax as a Dangerous Drug?: FDA Warns of Possible Birth Defect Risk, North Carolina Injury Lawyer Blog, March 26, 2011

GlaxoSmithKline Settles Dangerous Drug Lawsuit Over North Carolina Wrongful Death of Man from Taking Avandia, North Carolina Injury Lawyer Blog, January 31, 2011

North Carolina Personal Injury Lawsuit: Parents of Child Sex Abuse Victim Sue the Diocese of Charlotte

April 27, 2011, by Michael A. DeMayo

A North Carolina personal injury lawsuit has been filed against the Diocese of Charlotte by the parents of a girl who was allegedly molested by a music minister at St. Eugene Catholic Church in Asheville. Rev. John Schneider, who is the church’s former pastor, and Paul Berrell, the man accused of abusing the victim, are also defendants.

Police say that the girl was coerced into sex with Paul Berrell, who was giving her voice and piano lessons. The victim was 13 when Berrell was arrested in 2009. The 31-year-old music minister would go on to plead guilty to the charge of producing child pornography. He has been sentenced to 28 years in prison.

In their North Carolina injury lawsuit, the teenager’s parents say that she suffered permanent damage to her emotional and sexual development, severe mental anguish, and loss of faith in authority figures. They blame the church for teaching her that people like Berrell were “holy people” who had “special access to God,” and they contend that Berrell “singled out and groomed” their daughter so he could have “intercourse” and “other sex actions” with her.

The plaintiffs say that Schneider went to Berrell’s apartment after the latter was arrested and tried to delete the pornographic images from a computer. They also contend that even when the Diocese of Charlotte has been given credible information that a certain employee or priest was a “sexual abuser,” the church would still protect that person.

North Carolina Child Sexual Abuse
If your child was sexually abused or you were sexually abused as a child, you may be able to hold your abuser liable for Charlotte, North Carolina personal injury. Sexual abuse can cause serious psychological and emotional damage, impairing a victim for life. Even if your abuser isn’t charged in criminal court, you may still be able to file a civil lawsuit.

Asheville lawsuit targets Catholic church conduct, Ashville Citizen-Times, April 24, 2011

Paul Lawrence Berrell Pleads Guilty to Federal Charge of Production of Child Pornography, FBI, March 11, 2010

Music Minister Accused Of Sex Crime With Minor, WYFF4, May 19, 2009

Related Web Resources:
Diocese of Charlotte

Child Sex Abuse, American Academy of Child & Adolescent Psychiatry

More Blog Posts:
North Carolina Sex Abuse Lawsuit Filed Against Bishop Eddie Long, North Carolina Injury Lawyer Blog, September 27, 2010

Charlotte Catholic Diocese Settles North Carolina Clergy Sex Abuse Lawsuit for $1 Million, North Carolina Injury Lawyer Blog, May 7, 2010

North Carolina Child Sex Abuse Lawsuit Names Two Priests as the Perpetrators, North Carolina Injury Lawyer Blog, June 3, 2009


Davidson County, North Carolina Wrongful Death: Mom of Teenager Struck by Paving Stone Files Lawsuit

April 23, 2011, by Michael A. DeMayo

Lisa Hill Chisom, the mom of a high school student who died from injuries she sustained when someone threw a paving stone through the windshield of the car she was in is suing a number people for North Carolina wrongful death. Shelby Chisom died last August. The 17-year-old was returning from a party when the incident happened. The stone lacerated her liver and Shelby died from her injuries.

Michael John Craver, who threw the stone, recently pleaded guilty second-degree murder. According to Chisom’s Davidson County, North Carolina wrongful death lawsuit, Michael threw the 25-pound paving stone after his cousin Ethan Craver told him to “take care of” that car.

Ethan Craver, Tyler Lawrence Price, Alyssa Christine Everhart, Krista Leigh Cummings, and a woman named Jordan Pierce allegedly had gotten into an altercation with Shelby, whom Price accused of stealing her boyfriend. All of them were attending the same party.

Tensions then carried over onto the road when someone in the car Everhart was driving threw a bottle of beer at the vehicle Hince was driving and that Shelby was riding. Hince then began following the other car at a fast speed. Ethan Craver, who was in the other car, then directed Michael to take action.

Chisom contends that Ethan knew of Michael’s history of violence and bullying and should have realized that when drunk, the latter would act with “reckless disregard.” She is seeking compensatory damages from Michael Craver, Ethan Craver, Price, Hince, Cummings, Everhart, Katherine C. Pritchard, and her son John Tyler Pritchard. She also wants punitive damages from Katherine Pritchard, both Cravers, and Hince. The Pritchards’ residence is where the party took place.

Chisom contends that Katherine Pritchard and her older son John Pritchard knew there would be minors drinking at the party that was held at their home and even bought alcohol. About 30-50 people attended the event where they were allegedly allowed to burn lawn furniture and use drugs.

North Carolina Wrongful Death
Losing someone you love is very difficult. It can be just as devastating to know that your loved one died because of other people’s reckless actions. You may be able to obtain Charlotte, North Carolina wrongful death damages from the responsible parties.

Mother of teen killed by paving stone files wrongful death lawsuit, Winston-Salem Journal, April 18, 2011

Mother of Teen Killed by Paving Stone Files Wrongful Death Lawsuit, MyFox8, April 20, 2011

Related Web Resource:
Wrongful Death Claims, Nolo

More Blog Posts:
$14.9M North Carolina Wrongful Death Judgment Awarded to Jimmy Blevins’ Family, North Carolina Injury Lawyer Blog, March 14, 2011

North Carolina Nursing Home Negligence Alleged in Wrongful Death Lawsuits of Shooting Victims’ Families, North Carolina Injury Lawyer Blog, December 21, 2010

Deceased Man’s Estate Files Fayetteville, North Carolina Wrongful Death Lawsuit Against Shopping Mall and Nightclub, North Carolina Injury Lawyer Blog, December 30, 2009

Inadequate Security Allowed Delvonte Tisdale to Enter Charlotte-Douglas International Airport Grounds and Stow Away on US Airways Plane, Says TSA Report

April 20, 2011, by Michael A. DeMayo

According to a Transportation Security Administration report, 16-year-old Delvonte Tisdale was able to stow away on a US Airways plane last November because of inadequate security staffing at Charlotte-Douglas International Airport. Tisdale died after falling out of the plane while it was in the air. His body was found in a Boston suburb. In our North Carolina injury lawyer blog last December, we reported that Tisdales parents were considering suing US Airways, the airport, TSA, and/or other parties who might have contributed to allowing him to stow aboard the plane for his wrongful death.

Following the tragic accident, TSA and the Charlotte-Mecklenburg Police Department conducted a joint probe into how the teenager managed to sneak onto airport property and hide in the plane without being detected. CMPD also asked TSA to conduct an additional review of the security breach.

TSA sent a redacted version of the report to the CMPD last week. Compiled in February, the report is called “Delvonte Tisdale Investigation: Security Breach and Plane Boarding.”

According to the report, between when the plane left the gate and when it took off, Tisdale had a little over an hour to stow onto the plane. The report says evidence indicates that the teenager did not access the plane while it was at the gate or that he entered the airport through the terminal.

Many of the comments in the report were blocked out. However, it did express concerns that current security levels were not adequate for a major metropolitan airport and greater law enforcement allocations is recommended. Also, the report noted that all officers are also EMT certified and handle medical calls that occur on the property, and that perhaps contract security officers (rather than police officers, who are supposed to concentrate on security issues) should be retained to handle such matters.

Security staffing cited in security breach involving teen at airport, WISTV, April 19, 2011

Read the TSA Report

Family of dead wheel-well stow-away to sue TSA, HSNW, January 20, 2011

Family of Charlotte, North Carolina Teen Who Fell From US Airways Plane Want to Know How He Was Able to Stow Away, North Carolina Injury Lawyer Blog, December 17, 2011

Related Web Resources:
Transportation Security Administration

Charlotte-Douglas International Airport

Will New Car Seat Guidelines Decrease the Number of North Carolina Child Injuries that Occur During Traffic Crashes?

April 6, 2011, by Michael A. DeMayo

The National Highway Traffic Safety Administration has updated its child safety seat guidelines. The revisions are based on the latest child restrain technologies and medical and scientific research. Our Charlotte, North Carolina child injury lawyers hope that these modifications will help decrease the number of injuries to minors during traffic crashes.

While the old guidelines were categorized by type of child seat, the new guidelines are categorized according to age. NHTSA is advising that a child should use the restraint system designated for each age until he/she outgrows the weight or height limit for that seat that the manufacturer has set.

Our Monroe, North Carolina personal injury law firm is familiar with the different type of child seat defects that can cause serious injury during a car crash, including weakened shells, flammable materials, handle defects, harness issues. That said, even if a child safety seat is free from defects, it is still important that your child that is using the car seat appropriate for his/her age and that it is properly assembled and used correctly. Families whose children are injured because of child safety seat failure may have grounds for a North Carolina products liability lawsuit against the manufacturer.

NHTSA’s Latest Car Seat Recommendations:

Newborn to 12 Months: Your baby should use a rear-facing car seat appropriate to his/her age, height, and weight.

Ages 1 to 3: NHTSA recommends keeping your child’s car seat rear-facing for as long as possible until he/she exceeds the seat manufacturer’s height or weight limits.

Ages 4 to 7: A forward-facing car seat with a harness is recommended until he/she outgrows the manufacturer limits.

Ages 8 to 12: Your child should use a booster seat until he she is grown enough to use a seat belt and have it fall over the upper thighs. The shoulder belt should be snug across the chest and shoulders. It is always safer for your son/daughter to ride the back seat.

Car crashes continue to be the number one cause of child fatalities. Child restraint systems saved nearly 9,000 lives between 1975 and 2008.

Child Safety-Seat Recommendations Revamped, ABC News, March 21, 2011

Child Safety Seat Recommendations, NHTSA

Related Web Resources:
Recommendations on Child Safety Seats, American Academy of Pediatrics


More Blog Posts:
Keeping Your Child Safe During North Carolina Car Crashes, North Carolina Car Accident Lawyer Blog, September 22, 2010

North Carolina Child Death Fatality Rate was Lowest Ever in 2008, North Carolina Injury Lawyer Blog, September 16, 2009

Motor Vehicle Accidents Continue to be the #1 Killer of Children, Says World Health Organization, North Carolina Injury Lawyer Blog, December 29, 2008

North Carolina Injuries to Children: 1 Million Maclaren Strollers Recall Warns about Fingertip Amputation Hazard

April 1, 2011, by Michael A. DeMayo

North Carolina and South Carolina parents with Maclaren strollers have reason to be concerned following reports that 12 children suffered fingertip amputations in the hinges of the foldable umbrella models. Following the child injury accidents, Maclaren and the US Consumer Product Safety Commission are recalling approximately one million strollers.

In some of the injuries to children cases, fingers were lost. Carlos DeWinter, 23 months, lost his right pinky in July 2003. He underwent multiple surgeries but doctors were not able to reattach it. His family filed a products liability lawsuit against Maclaren. The injury complaint was settled out of court.

Some people are wondering why the stroller manufacturer, a company that has long enjoyed a reputation for making dependable strollers, waited until so many amputation injuries happened before announcing a recall.

Nine models are named in the recall, which includes double and single strollers: Twin Techno, Quest Sport, Volo, Easy Traveller, Techno XT, Triumph, Twin Triumph, Quest Mod, and Techno XLR. The strollers were sold in the US between 1999 and 2009.

The kids’ fingertips were amputated while the umbrella strollers were being unfolded open/locked into place. Possible laceration injuries are also a concern. As part of the recall, Maclaren is offering safety kits that provide protective shields for the hinges.

Meantime, CPSC has decided to look at other umbrella strollers that come with similar hinge mechanisms to make sure other kids are not injured in the same manner.

A finger amputation can be an extremely traumatic and painful experience. Reattaching fingertip or finger does not mean full recovery. He or she may have undergo numerous surgeries, suffer loss of feeling in the finger, and sustain permanent disfigurement.

Our Charlotte, North Carolina injury lawyers represent clients with injuries to minor complaints whose kids were injured in car accidents, truck crashes, premises liability accidents, due to medical malpractice, or because of defective products.

Government Looks at Other Strollers After Maclaren Recall, November 10, 2009

For 5 Years, Maclaren Knew Strollers Were Amputating Fingers, Gothamist, November 12, 2009

Maclaren USA Recalls to Repair Strollers Following Fingertip Amputations, CPSC, November 9, 2009

Related Web Resources:

Safe Kids Worldwide


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