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Defective Drugs

Ranbaxy Recalls Antibiotics After Color Change Detected

North Carolina Workers' Compensation

Disability Insurance - ERISA Attorney

Medical Malpractice, Hospital Malpractice, Professional Negligence

North Carolina Workers' Compensation

Disability Insurance - ERISA Attorney

Disability Insurance: Do not buy it through your employer

Medical Malpractice, Hospital Malpractice, Professional Negligence

North Carolina Legal News

Are you up to speed with the newest legal cases in North Carolina – and the outcomes of lawsuits similar to yours across the state? On our North Carolina legal news page, we collect and summarize the news that is important to our clients and potential clients, including NC accident news, NC workers' compensation news, NC Social Security news, and NC nursing home news.

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Defective Drugs

Hospira Recalls Another Drug – Second Recall in Six Months
Apr 29, 2010
Embattled drug company Hospira, Inc., is facing its second double drug recall in the last six months. Both defective drug recalls have involved the same two drugs: Propofol and Liposyn. Both drugs are sold to doctors and hospitals across the country: Propofol is used for anesthesia while Liposyn is an IV nutritional product.

The voluntary recall of the two drugs took place on April 16, after the pharmaceutical company received a letter from the United States Food & Drug Administration (FDA) regarding the drugs’ contamination by particulates. The same two drugs were recalled by the FDA in October after an equipment failure damaged the drugs at their Clayton, North Carolina plant – and at this point, Hospira believe that the fact that the same two drugs were affected in both incidents in a coincidence.

The FDA has voiced concerns about both the Hospira drug plant in Clayton, North Carolina and in Rocky Mount, North Carolina. Specifically, the government drug agency was concerned with the facility’s failure to validate processes.

Hospira has been working with the FDA to fix its drug manufacturing problems – and is in the midst of reviewing the overall operating processes of the company. While Hospira’s stock has fallen on news of the second recall in a year, the drug maker insists the two recalls will not significantly impact the company’s earnings or its financial goal for 2010.
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Advandia Issues Shed Light On Bigger Problems In Drug Industry
Mar 31, 2010
As the public looks into the recent controversy over the potentially dangerous diabetes drug Advandia, it is becoming clear that there are large issues with the drug industry, the Food & Drug Administration (FDA), and the pharmaceutical industry. Most recently, A team at the Mayo Clinic collected evidence that most of the favorable commentaries linked to the drug Adandia came from voices that had significant ties to the drug industry while voices of dissent came from those who would not profit from speaking out for the drug.

About one-fourth of those with a favorable opinion of Advandia did not report their affiliation with the drug company that produces the product.

Advandia, also known as Rosiglitazone, is an insulin sensitizer that helps diabetics cope with their disease. Released in 2006, the drug, which is manufactured by GlaxoSmithKline, sees sales of over $1 billion worldwide. However, recent studies have found that the drug might be tied to a very increased risk of heart attack and other heart problems. While the FDA believes that these studies might be inconclusive, and while the drug company has conducted its own studies that show the correlation doesn’t exist, many have stopped taking the drug and started questioning the overall practices of the drug industry.

At this point in time, the FDA does not recommend that those taking Advandia stop taking their prescription, though those worried about the drug’s possible side effects should talk to their doctor and consider alternative treatments.
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AU Federal Court: Arthritis Drug Vioxx Doubles Heart Attack Risk
Mar 31, 2010
Problems continue to mount for drug maker Merck, who is now fighting a number of international legal battles regarding their defective arthritis drug Vioxx, which was taken off of the market amid controversy in 2004. Most recently, an Australian court has found Vioxx liable for one man’s heart attack and Merck could end up paying millions to 500 participants in a larger class action lawsuit. In this latest court decision, Graeme Peterson has been awarded $287,000 compensation after suffering a heart attack while taking the drug for arthritis pain.

Vioxx was an anti-inflammatory drug and COX-2 inhibitor that was touted when first release in 1999 for helping patients with arthritis and other chronic pain without the common stomach problem side effects. At its height, 80 million people worldwide were taking Vioxx and it was one of the most popular choices for treating a range of chronic pain issues in patients.

However, in 2004, a study was released showing that the arthritis drug doubled the chances of heart attack, making it the most widely-used prescription drug ever to be pulled off of the market for being defective. After the drug was deemed dangerous, Merck faced thousands of wrongful death lawsuits and product liability lawsuits as well as thousands of class action lawsuits around the world.

Merck made $2.4 billion off of their drug Vioxx in the year before it was removed from the market. However, they have paid billions in legal fees and settlements in the years following the drug recall.
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Automobile Accidents

Three Killed In Greensboro Car Accident That Involved Alcohol
Jul 23, 2010
A North Carolina woman and her son are being charged with helping a minor purchase and consume alcohol – in this case, the teen who was served alcohol crashed a car and killed three people in February.

According to My Fox Channel 8, 51-year-old Theresa Brunkner and her son, 22-year-old Kyle Brunkner, have been charged by North Carolina Alcohol Law Enforcement agents on three counts of aiding and abetting a person less than 21 years of age in possessing an alcoholic beverage.

North Carolina authorities say that 20-year-old Amanda Sperduti of Winston-Salem was given alcohol at the Brunkner’s home on the night of February 13, 2010. Shortly after leaving the home, Sperduti crashed the vehicle, killing three passengers, all of whom were pronounced dead at the scene by emergency responders: 18-year-old Sascha Adela Hoffman of Whitsett, 23-year-old Scott Wayne Bedwell of Greensboro, and 18-year-old Taylor Leigh McCaskill of Brown Summit. Sperduti herself was seriously injured in the car accident and charged with three felony counts of death by motor vehicle and several other related charges.

Sperduti had a blood alcohol content of 0.20, almost three times the legal limit in North Carolina. All three passengers had also been drinking. Cans of beer and a bottle of liquor were found in the car. NC Troopers estimate that Sperduti was traveling about 90 miles per hour in a 45 mile per hour zone at the time of the DUI car accident. The deadly accident took place on Fairgrove Church Road off Highway N.C. 150 in Browns Summit, NC.
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Wrong Way Accident On I-77 Near Charlotte Caused By Drunk Driver
Jul 22, 2010
A wrong way driver on Interstate 77 in North Carolina caused a truck accident this week – and the NC Highway Patrol believes that alcohol was the main factor in this wrong way interstate accident.

According to WBTV New Channel 3 in Charlotte, North Carolina, the accident took place just after two in the morning in the heart of Charlotte. A man who had come from a drinking establishment drove on the exit ramp onto I-77 going in the wrong direction. The man, identified as 61-year-old Arthur Bidgood of Charlotte, continued driving the wrong way on the interstate near the John Belk Freeway until he caused a pickup with an attached trailer to serve and jackknife. A tractor-trailer then ran into the pickup truck’s trailer. Paint from the first trailer was spilled across the interstate and Bidgood received minor injuries in the wrong way drunk driving car accident.

The North Carolina Highway Patrol charged Bidgood with Drinking While Impaired, Reckless Driving, and Driving the Wrong Way. The DUI car accident took place on Thursday, July 15.

Drinking and driving is the most common cause of wrong way interstate accidents in North Carolina. Other causes of wrong way accidents are confused drivers, poor road design, and poor signage. Wrong way interstate accidents are more common than most people know, with hundreds of serious accidents happening each year around the country. In many cases, these car accidents are fatal because vehicles often collide head-on going at very high rates of speed.
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NC Highway Patrol Conducts Operation Drive To Live 2010
Jun 22, 2010
The North Carolina Highway Patrol has begun Operation Drive To Live 2010, a special traffic safety enforcement that targets NC high school students. Beginning on Monday, June 7, North Carolina state police from all areas will be patrolling near high schools during the morning and afternoon, making sure that students behind the wheel are driving the speed limit, buckling their seat belts, and limiting driver distractions like cell phones and text messages. In addition, police officers will build awareness of traffic safety and ramp up enforcement of traffic laws.

In some towns, such as Greensboro in Jones County, police officers will do a live reenactment of a teen car crash that was caused by drunk driving. The ‘VIP for a VIP’ program hopes to educate students about the danger of drunk driving and make the potential for a serious car accident seem more real, especially as school proms and summer vacation approach.

In just the last four years, 682 teens have been killed in car accident across North Carolina. Many of these teens were speeding, driving distracted, driving recklessly, or drinking and driving. Other accidents happen as teens drive to and from school. Operation Drive To Live 2010 hopes to reduce this statistic be keeping a close eye on teens and educating them about the hazards of driving. The increased enforcement will last until the end of the week.

“Hopefully this will serve as a good reminder for these teenagers that are driving now, and are going to be driving,” Sgt. C.L. Johnston of the N.C. Highway Patrol told East North Carolina Today. - 6 - 10
Wood County Accident On I-77 Caused By Rainy Weather
Apr 29, 2010
A North Carolina woman was seriously injured when her car hydroplaned on I-77 in Wood County.

The North Carolina State Patrol says that the rainy conditions certainly played a part in the NC car accident. According to crash investigator Wood County Deputy Mike Deem, the 57-year-old Winston woman Judith Gillespie was driving southbound on I-77 when she lost control of her car due to slick roads and crossed the interstate median.

Wood County Sheriff Officials told reporters that Gillespie was being evaluated and treated for her car accident injuries at Camden Clark Memorial Hospital in North Carolina.

Deem says that initial investigations into the crash lead him to believe that water and hydroplaning was the overwhelming cause of the accident – and reminded drivers to be care in slick road conditions and in rainy weather. While many drivers understand that snowy weather or icy conditions can make NC roads treacherous, many people underestimate the dangers of wet roads and hydroplaning. The best way to prevent a serious hydroplaning accident in poor weather conditions? Slow down or stay off of the roads altogether. Another good way to prevent hydroplaning is to make sure you keep your tires filled and replace your tires when they become worn. Finally, you can pay close attention to standing water in the road and avoid it if possible.

If your car does hydroplane, it is important to not panic, not press the brakes, and not try to turn the wheel – all three responses can cause your car to skid out of control.
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Survivor Of DUI Accidents Sues Drunk Driver And Charlotte Bar
Mar 31, 2010
After being seriously injured by a drunk driver, a North Carolina woman is suing the driver, the Charlotte bar that served her alcohol, and the registered owners of the car that the drunk driver was operating.

Betty Faye Adams has filed an NC personal injury lawsuit in Gaston County Superior Court regarding a drunk driving car accident that took place in August of 2008. Court records show that 40-year-old Charla Dean Davis of Charlotte spent the evening drinking at Tony’s Bar on US 74 before getting into a car owned by Detlef Grohs and Rex Earl Berglund of Mecklenburg County to drive home.

At the same time, an SUV carrying a number of people stopped on a nearby bridge when the driver suffered a medical emergency. A tractor-trailer driver, 40-year-old Ronnie Gene Eudy of Charlotte, stopped behind the SUV to help. When Davis cross the bridge driving in the other direction, she slammed into the door of the SUV, seriously injuring two people and killing Eudy. Davis fled from the scene of the fatal NC car accident and didn’t turn herself in for ten hours.

Last summer, Davis was found guilty of second-degree murder, drunken and reckless driving, and leaving the scene of a fatal accident. She will serve up to 34 years in prison.

Now, Adams is seeking $10,000 in damages. She suffered internal injuries, a fractured pelvis, and other broken bones in the accident that lead to high medical bills as well as lost time from her job. She also says that she has permanent medical problems that affect her finances and career.

She claims the bar owners knew about Davis’ long history as a reckless drunk driver – she had four prior drunk driving convictions. - 8 - 10
Underinsured Motorist Insurance: You Should Have It
Feb 04, 2010
Underinsured Motorist Coverage: You Should Have It.

North Carolina law requires that every motor vehicle driven on the public roads have liability insurance coverage in an amount equal to at least $30,000 per person. This insurance coverage protects persons who are injured by the negligence of the driver of the insured motor vehicle.

However, with today’s medical costs, $30,000 coverage is inadequate.   If you are injured by the negligence of another driver, chances are the vehicle driven by that negligent driver will have the minimum of $30,000 insurance coverage. If your injuries are larger than $30,000 where will the money come from to pay for your loss? You may obtain a judgment against the negligent driver for the full extent of your loss. However, the insurance company will only pay $30,000 of this loss if the other car is insured by the minimum policy limits. After the insurance company pays its coverage of $30,000, you will have to look to the negligent driver to personally pay the difference between the amount of the judgment and the amount of the minimum insurance coverage. In most cases, such an excess verdict will not be collected because the negligent driver will most likely not have any assets over and above his or her exemptions with which to satisfy your judgment. If this happens, you will have to bear the loss yourself and will not be reimbursed above the insurance limits of $30,000.

You can protect yourself against this loss by purchasing underinsured motorist coverage. This coverage will be a provision of your liability insurance policy.

Underinsured motorist coverage provides that if you are injured by a negligent driver and the extent of your damages are in excess of the negligent driver’s liability insurance (therefore making that driver underinsured) your underinsured motorist coverage will make up the difference and will pay the full extent of your loss over and above the negligent party’s insurance coverage up to the limit of your underinsured coverage.

For example, assume that you have underinsured motorist coverage in the amount of $100,000 and you are injured to the extent of $125,000. Assume further that the negligent party only has a $30,000 liability insurance policy. In that case the negligent party’s insurance company will pay its limit of $30,000. Your underinsured motorist coverage will step in and pay the difference between your $100,000 underinsured motorist coverage and the $30,000 in liability insurance carried by the negligent party. This $70,000 payment from your underinsured motorist coverage will be paid so that your total benefit will be $100,000, an amount equal to your underinsured motorist coverage. Your underinsured motorist carrier will get the benefit of the liability insurance carried by the negligent driver and may therefore deduct that insurance from what it has to pay you. In this case, it would deduct $30,000 to account for the negligent party’s liability insurance coverage and pay you the balance of $70,000.

Even though your loss is equal to $125,000, you can only collect the sum of $100,000 from the combined payment of the negligent party’s liability coverage and your underinsured motorist coverage. Even though your loss is $125,000, you can only recover a total of $100,000. Therefore, unless you can collect the balance from the negligent driver’s personal assets, your losses are not covered. In this example, if you had underinsured motorist coverage in the amount of $125,000, you would be fully covered.

Underinsured motorist coverage is relatively inexpensive. As you can see from the above example, it is important that you have the maximum amount of underinsured motorist coverage possible.


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Deadly Orange County Accident – Low Blood Sugar To Blame?
Jan 27, 2010
Most car accidents in North Carolina are caused by reckless behavior – drinking and driving, speeding, or ignoring the rules of the road. However, a minority of car accident cases take place when the driver of a vehicle suffers a medical emergency that renders them unable to safely control their vehicle. This may have been the case in Orange County, North Carolina this weekend.

North Carolina State troopers say that 19-year-old Ashley Ann Terry was driving down I-85 near the intersection of I-40 in Efland when she ran off of the road and into a tree. The NC car accident took place on Saturday evening at around 10 pm. Although she was wearing a seatbelt, Terry died from her car accident injuries at the scene of the crime, which took place near an interstate weigh station. North Carolina state Highway Patrol Trooper Mark Melvin said that her car struck several trees and rolled over.

While NC police say that speed and alcohol were not factors in the case, they don’t know what could have caused the young woman to veer off of the road and into a tree without applying the brakes. Police did mention that Terry could have been suffering from low blood sugar, a condition that can cause dizziness, fainting, confusion, and fatigue. The fact that she did not brake when veering out of her lane suggests that she was not conscious at the time of the North Carolina car accident.

Those who suffer from chronic medical problems that could cause them to lose control of their car (such as seizures) should not drive. However, some people may suffer from an unpredictable medical emergency, such as a heart attack or stroke, while behind the wheel.
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