BP Caps Well and Liability Concerns Ensue

new jersey attorneys defective products BP liability — BP caps well and for the first time in 3 months, oil has ceased to flow into the gulf.

Three months after an explosion on the Deepwater Horizon rig caused the most disastrous oil-spill in U.S. history, BP is monitoring the integrity of a cap that was placed atop their undersea well last Thursday, July 15th. The current success of the cap to stop the flow of oil marks the first time since April 20th that the gushing of crude oil from the well has been haulted. Three months worth of oil gushing from the well into the gulf of Mexico, estimated to amount to hundreds of millions of gallons, has certainly taken a toll on the marine life, the coast, and the businesses in the area, not to mention the injury and death incurred by the explosion on the Transocean rig.
But the biggest concern now is whether or not the cap is actually working as well as we hope it is. Issues regarding whether or not oil and gas are leaking from other underwater release points have surfaced, and BP gets 24 hours to monitor the true integrity of the cap.

Meanwhile, the government is considering extreme changes to current maritme laws capping product liability costs to BP and Transocean, and restricting recoveries to those who have been affected by the gargantuan disaster.
On July 1, 2010, the U.S. House of Representatives passed the Securing Protections of the Injured from Limitations on Liability (SPILL Act). The act was sponsored by Rep. John Conyers (D-Mich.), and co-sponsored by Charlie Melancon (D-La.). According to Melancon:

“When it comes to compensating victim’s families, current laws are inconsistent, lax and encourage companies to take risks—gambling with the lives of workers in the process.”

Supporters of the SPILL Act claim that it will:

Allow families of deceased victims to recover for pain and suffering. The Act will amend The Death on the High Seas Act (DOHSA) and the Jones Act, both dating back to 1920, which currently prevent victims from claiming for non-pecuniary damages. The passage of the act will allow claimants to recover for pain and suffering, and loss of care, comfort, and companionship.
Repeal the Limitation on Liabilities Act (LOLA, of 1851), which limits the liability of vessel owners ( in this case, Transocean), to only the cost of their vessel and its cargo at the time of the accident.
Keep responsible parties from using bankruptcy as a way to avoid compensating those injured by the disaster.
Apply changes to pending and future claims.

Families of victims that were killed or injured in the explosion have obviously voiced their support for the SPILL Act. On July 13th, the proposal was passed on to the Senate, who read it and passed it on to The Committee on Commerce, Science, and Transportation.

Product Liabilty and the Minnno Law Office

Fears that BP will escape sufficient liability when it comes to compensating victims of this monstrous tragedy are real and well founded. The passage of the SPILL Act will certainly do great things for the recovery efforts of victims and their families. Manufacturers and responsible parties should never be able to skirt their duties of compensation.

If you or a loved one have been injured by a defective product, the product liability attorneys at the Mininno Law Office will work ’round-the-clock to help you get the money you deserve. Act now if you are suffering injury or loss to the negligence of a manufacturer. Contact the Mininno Law Office for a free case evaluation, or call us at (856) 833-0600 in New Jersey, or (215) 567-2380in Philadelphia.

NUVARING Named in Product Liability and Wrongful Death Lawsuits

attorneys new jersey wrongful death nuvaring product liabilty — NUVARING causes potentially life threatening complications including bloodclot, stroke, pulmonary embolism, and deep vein thrombosis.

NUVARING is a transparent, flexible, vaginal ring that provides month long birth control by emitting a continuous dose of estrogen and progestin for 21 days. The device releases a combination of ethinyl estradiol, a form of the hormone estrogen, and etonogestral. These substances are supposed to prevent ovulation as well as minimize any sperm penetration, thereby preventing unwanted pregnancies. It gained FDA approval in 2001.

NUVARING is marketed as providing the same efficacy as birth control pills but with the convenience of month-long protection. To a woman who wants the benefits of birth control but not the trouble of remembering to take a pill every day, NUVARING sounds great. Unfortunately, NUVARING has provided more than month long contraception.

Numerous lawsuits are being filed against pharmaceutical companies that marketed or manufactured the product at one time. Suits claim that the manufactureres of NUVARING not only knew about the potential side effects related to the use of NUVARING, including increased risk of stroke, heart attack, pulmonary embolism, deep vein thrombosis, and sudden death, but failed to reveal them to women, or the FDA during the approval process. Some 300 product liability lawsuits are being filed, stating that NUVARING caused plaintiffs to suffer from serious, life threatening blood clots. Wrongful Death suits in New Jersey and Nebraska are pending.

Are You A NUVARING user?

If you currently use NUVARING as a contraceptive, seek medical attention immediately. If you are suffering from complications due to NUVARING, seek the help of a product liability attorney. New Jersey product liability attorneys at the Mininno Law Office are here to answer any questions you have, and to offer a free case evaluation.

Contact the Mininno Law Office or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
Let the attorneys at the Mininno Law Office help you get the compensation you deserve.

Nine Signs of Nursing Home Abuse

The Mininno Law Office takes a firm stand against New Jersey nursing home abuse. We fight against careless and negligent facilities, and we do our best to post useful information to assist those dealing with sick loved ones and nursing homes. Yesterday, we posted advice on how to pick a quality nurisng home. Today’s post will deal with signs that your loved one may be being abused or neglected in their long term care facility.

Below is a list of red flag symptoms concerning nursing home abuse and neglect. Noticing any of these should prompt immediate action.

Nursing Home Abuse: 9 Red Flags

Bedsores or open wounds (also known as pressure sores or decubitus ulcers): A sure sign of neglect. Bedsores form when soft tissue is compressed between a bony prominence and an external surface for a prolonged period of time. Failing to reposition bedridden patients often results in bedsores.

nursing home abuse and negligence Mininno Law Office new jersey — Nursing home abuse and negligence are very real threats to residents at some facilites.

Unexplained bruises, cuts, burns, sprains or fractures: Mysterious injuries such as these could be attributed to roughness and mishandling of feeble and fragile patients.

Falls in shower, out of bed or out of chairs, resulting in injury: This is a sign that patients are being left to fend for themselves during difficult tasks like moving from the bed to the bathroom. Many patients need help to complete these tasks, and without being checked on regularly, can easily hurt themselves trying to do it alone.

Dehydration, malnutrition, or weight loss: Residents being neglected will often suffer from some, or all, of the above symptoms. Abuse and neglect can lead to depression, which in turn could result in malnutrition and weight loss.

High staff turnover: If a nursing home staff is constantly new and residents are being treated by new caregivers all of the time, the likelihood that that they are receiving quality care is very low. Errors occur often amoung new staff members. Workers leaving and going elsewhere could also be a sign that they are underpaid and overworked. Underpaid and overworked nursing home staff are a large source of nursing home abuse and neglect.

Unexplained venereal disease or genital infections; vaginal or anal bleeding; torn, stained or bloody garments: Unfortunately, sexual abuse is a very real issue in nursing homes. If you notice any of these signs, act immediately.

Loss of resident’s possessions, or sudden changes in the resident’s will, bank accounts or other financial documents: Theft and fraud are very real and very prevalent forms of nursing home abuse. If anything goes missing, whether it be belongings or money, investigate immediately.

Refusal or delays to have visitation with the resident: If a nursing home is guilty of abuse or neglect, of course they won’t be quick to allow you to come and see your loved ones. Often, if they allow visitation, they will refuse to let you be alone with your loved one. This is something to be very weary of. Now, your loved one does not feel comfortable telling you what’s really going on.

Over-sedation or overuse of restraints: Caregivers have gone to jail for using unprescribed morphine to calm patients they feel are “combative.” This is a life threatening practice, and has taken lives in the past.

What to Do if You Suspect Nursing Home Abuse

If you notice one or more of the above symptoms, it is likely the nursing home facility you have entrusted with the care of your loved one is acting negligently. Do not wait to seek help. A nursing home abuse attorney will be able to sit down with you and discuss what happened, what you’ve seen, and determine if you have a case against the care facility. Contact the Mininno Law Office for a free case evaluation, or call for a free consultation at 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia. Let us get you the compensation you deserve.

Six Steps to Skirt Nursing Home Abuse

New Jersey Attorneys - nursing home abuse — Nursing home abuse is an ugly truth in a necessary industry.

Nursing home abuse can play an extremely daunting role in where, when, and even if we decide to place our loved ones in a long term care facility. Trends of abuse, negligence, theft, and fraud seem to be taking over an industry that should be known for it’s kindness, compassion, benevolence, and dependability.
Choosing a nursing home can be overwhelming and scary, so the best way to go about the task is to be prepared and know exactly what to look for in a good and trustworthy nursing home. Below are six steps you can take to ensure that you are choosing the right facility to trust with the care of your loved one.

Steps You Can Take to Prevent Nursing Home Abuse

Step 1: Ask for documentation that will prove that the facility employs regular background checks to ensure that employees of the facility have no record of violent, sexual, or financial crime. Verify that employees are in good standing with the law and that they have the proper credentials to be working in this field. A nursing home in good standing and employing qualified workers will have no problem turning this paperwork over. The National Association on State Units on Aging reported that “An increased risk of abuse is found at nursing homes that have a history of serious noncompliance, particularly if abuse has occurred in the facility in the past.”

New Jersey Lawyers - nursing home abuse — Follow these steps to help keep your loved one from being abused in a nursing home.

Step 2: Request information verifiying the minimum staff to patient ratio, how many hours per week employees work (including max overtime), and leave instructions to notify you should these policies change. Overworked employees are a huge source of abuse and negligence in nursing homes. Make sure the people caring for your loved ones are not responsible for too many patients for too long. The probability of abuse increases as staff to patient ratio decreases.

Step 3: With regard to step 2, verify the number of patients in the home with dementia, and who are physically dependant on nursing home staff. A high number of dementia patients should be accompanied by high number of employees. According to a report done by the National Center of Elder Abuse, nursing home abuse is more common in facilities that are home to a high number of demetia patients, as their required care is far more demanding.

Step 4: Ask about the facilities grievance policy. What is their protocol for reporting complaints? Is it policy to retaliate against staff members who report abuse? What about a patient who reports abuse? Facilities should offer anonymous reporting options to both staff and patients, and investigate all complaints thouroughly.

Step 5: Ask about the facility’s training policy, and whether or not it offers ongoing abuse prevention courses, as well as other courses to keep staff up to date on the newest and best methods of care. The Department of Health and Human Services reports “Besides improving competence and knowledge, training also offers a vehicle for building [staff] self-esteem, which also may help to reduce stress and burnout.” The report also states that ” . . .training can also prepare staff to respond appropriately to difficult situations, such as dealing with physically combative residents, which have the potential to trigger abuse.”

Step 6: Visit often and unannounced. Nursing home abuse is much more likely to occur to patients who do not have visitors, as there will be no consequence if no one is there to find out. If your visits are unannounced and frequent, staff members responsible for the care of your loved one will be forced to “stay on their toes,” providing the best possible care for the resident.

If Nursing Home Abuse Occurs

Nursing home abuse is an awful thing to deal with, and facilities that employ abusive tactics toward residents, or put profits before patients must suffer the consequences of this behavior. The long term care industry is a necessary one, as most of us are not qualified to care for our elderly loved ones when they get too sick to care for themselves. This industry needs to be one we can trust in. If you or a loved one have been negatively affected by nursing home abuse or negligence, you’ll need the help of a nursing home abuse attorney. Contact the Mininno Law Office for a free case evaluation, or call for a free consultation at 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia. Let us help you get the compensation you deserve.

Nursing Home Abuse Sparks Campaign

Omni CEO Avery Eisenreich is under some intense fire, including allegations of nursing home abuse, as it’s been recently discovered that Omni Nursing homes in New Jersey have some of the worst bed sore percentages in the state. An Omni home in Rochelle Park, NJ provided the kind of abusive and negligent care that resulted in 45% of it’s short stay residents developing bedsores.

Homes within the Omni chain include Bristol Manor,Rochelle Park; Castle Hill, Union City; Harbor View, Jersey City; Palisade, Guttenberg; Cedar Hill, Cedar Grove; Chancellor, Irvington; Chateau at Rochelle Park; Hudson Manor, Secaucus; Newport, Jersey City; Pope John Paul/St. Mary’s, Orange; Riverton, Rahway; Riverview, Paterson; Silver Care, Cherry Hill; and St. Cloud, West Orange.

The Campaign

New Jersey workers have launched a campaign regarding the bedsore rates and nursing home abuse in Omni nursing homes. The campaign employs television and radio ads, google ads, mobile billboards, and even a website. The campaign calls out Avery Eisenreich for his misspending of funds that have been alotted him for the purpose of improving quality of care, as well as improving pay rates and working conditions for his employees. In 2007, Omni made over 20 million dollars in profit. Eisenreich even received millions of dollars from New Jersey’s Nursing Home Quality of Care Improvement Fund intended for the betterment of care provided to residents at Omni nursing homes. All of this money seems to have been pocketed by Mr. Eisenreich, as no employee of his has received a raise in over two years, no new training programs were offered to those employees, and clearly, the quality of care has not improved.

Nursing Home Abuse Should Not be Ignored

This issue is a serious one, and unfortunately, not uncommon. The profit before people mentality seems to run rampant in the long term care industry. Omni’s home in Rochelle Park has put 45% of it’s short stay residents at risk for infection and death caused by bedsores. This kind of nursing home abuse can not be tolerated. If you or a loved one have been affected by nursing home abuse or negligence, you’ll need to contact a nursing home abuse attorney to help you receive the compensation you are owed. Contact us for a free case evaluation, or call for free consultation at 856-833-0600 in New Jersey, or 215-567-2380in Philadelphia.

RN Charged with Murder in Nursing Home Abuse Case

On Monday June, 7th, registered nurse Angela Almore was brought up on nursing home abuse charges involving the death of an alzheimer’s patient at the Britthaven senior care facility in Chapel Hill, North Carolina. Almore, 44, was indicted on one count of second degree murder, and six counts of felony patient abuse. She was allegedly administering morphine to patients who were not prescribed the highly controlled substance used for pain management. Nine of the 25 patients in the alzheimers unit at Britthaven tested positive for morphine. Six of the victims were hospitalized, while 84 year old Rachel Holliday died February 16th.

Rachel Holliday and Nursing Home Abuse

No autopsy was performed on Holliday, but the medical examiner that reviewed her records determined “pneumonia related asphyxiation” her cause of death. It also determined that “morphine toxicity” was a contributing factor. It should be noted that military and workplace drug tests consider 2,000 nanograms per 1 milliliter of urine to be a positive test result. Holliday’s tests revealed her levels at 50,000 nanograms per milliliter.

Orange County District Attorney Jim Woodall does not believe there will be any other arrests in the case. “At this point, there is nothing to indicate that anyone else was involved,” he said.

Britthaven’s Response to Nursing Home Abuse

The North Carolina Nursing Home Licensure Section will be conducting it’s own investigation to determine if procedural violations may have played a part in the availability of the morphine to be used in events of nursing home abuse. Positive findings could result in penalties and fines for Britthaven, as well as procedure upgrades at their locations in North Carolina, Kentucky, and Virgina.

Britthaven has placed all of the those working at the time of Holliday’s death on paid leave to begin an investigation. A patient’s family member believes that Britthaven is taking positive steps towards improvement.

Do You Suspect Nursing Home Abuse?

Nursing Home Abuse is becoming overwhelmingly prevalent in today’s long term care facility industry. These homes and care centers should be places we can trust with the well being of our elderly loved ones. Instead, they are becoming frightening and dangerous places to live. Rachel Holliday lost her life to crimes of nursing home abuse. The trend has to be haulted. We must do what we can to fight these corporations, and stop them from putting money before care.

If you or a loved one have been negatively affected by nursing home abuse, do not remain silent. The attorneys at the Mininno Law Office are here to help you get the compensation you are owed. Please contact us for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey or (215) 567-2380 in Philadelphia.

Taishan Gypsum Finally Responds to Defective Product Lawsuit

NJ Trial Attorneys - Defective Products — Taishan Gypsum, Chinese manufacturer of drywall, will appeal the ruling that finds them liable for over 2 million dollars in repair costs.

In April, we posted an update of the litigation surrounding the Chinese company Taishan Gypsum, and the defective drywall they manufactured and exported the the United States. Judge Eldon Fallon awarded seven families in the Eastern district of Louisiana 2.6 million dollars for the damages caused them by the sulfuric acid emitting drywall. But because Taishan Gypsum is a foreign manufacturer, and there are currently no laws in place that hold them liable for their defective products, there was question as to whether or not these families would ever see a penny of the money owed them.

Defective Manufacturers Finally React

After not responding to the initial suit, the default judgement made in November by Judge Fallon, or any other attempts U.S. attorneys made at contacting them, Taishan Gypsum has finally made a move. On June 10th, Taishan Gypsum, manufacturer of defective drywall, filed an appeal of Judge Fallon’s ruling. This appeal marks the first time Taishan Gypsum has responded to a lawsuit in the United States. They will appeal to the Fifth Circuit Court of Appeals, including any and all rulings made by Judge Fallon. Judge Fallons 2.6 million dollar award amount comes from a the sum of the costs of all of the demolition and renovation of each of the seven families’ homes.

To read previous posts regarding Taishan Gypsum, click below:
Defective products are dangerous products, potentially causing injury or death
Taishan Gypsum Victims awarded $2.6 Million – Money They May Never See

What to do if You Believe You are a Victim of a Defective Product

Hopefully, justice will be done, and Taishan Gypsum will be forced to provide recoveries to the families whose lives were turned upside down by the defective products they were manufacturing. If you or a loved one have been negatively affected by a defective product, you will need help, and the attorneys at the Mininno Law Office are eager to offer that help. Let us get you the compensation you deserve. Contact us for a free case evaluation, or call us for a free consultation at 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia.

A NY Hospital Not Liable in Medical Malpractice Suit

Vincent Liew was the victim of Medical malpractice, but courts thought otherwise. — Vincent Liew died 7 months after receiving a kidney transplant from a cancer infected donor.

A medical malpracticesuit ended in heartbreak for a Queens woman when the NYU Langone Medical Center was found not liable for the death of her husband after a kidney transplant.

The Story Behind Liew’s Medical Malpractice Case

Vincent Liew was 37 years old when he received a call from the hospital that they had a finally found him a matching kidney. He had been awaiting the kidney for five years, and was receiving dialysis treatments three times a week. On February 25, 2002, Vincent underwent the transplant, the organ coming from 50 year old Sandy Cabrera who died of a stroke the day before.

The surgery was successful, and everything was fine. That is, until Sandy Cabrera’s autopsy six weeks later. The medical examiner who performed the autopsy notified Liew’s doctors that Cabrera had an aggressive uterine cancer that had started to spread to her lungs. Upon discovery of the information, Liew’s doctors assured both him and his wife Kim that they were 99.9% sure that Vincent would not acquire the disease. Their reasoning being that the cancer was from an organ that Liew did not have, and therefore it was highly unlikely he would become sick. Four months later, doctors found a cancerous tumor on Liew’s new kidney. The kidney was removed, but Liew was dying.

He died three weeks later; cancer acquired from the donor his cause of death. Kim Liew sued the hospital for medical malpractice, but lost. The Queens jury found that the hospital and Liew’s doctors provided the best possible care. Though it seems they took a chance on him, and lost. They gambled with a man’s life. Two other patients who received organs from Cabrera also died.

Who is to blame for Medical Malpractice?

Transplanting organs ravaged by cancer is most definitely an instance of medical malpractice. Perhaps the doctors who performed the surgery are not liable. But what about the doctors who screened the patients before their eligibility for organ donation? What about the company that harvested the organs? A man has lost his life, a wife her husband, because of a gross case of negligence. This kind of medical malpractice can not go unpunished. If you or a loved one have suffered from what you believe is a case of medical malpractice or negligence, than do not hesitate to contact the medical malpractice attorneys at the Mininno Law Office. We are here to help you through this difficult time, and to get you the compensation you deserve. Contact us for a free case evaluation, or call us at 856-833-0600, or 215-567-2380 in Philadelphia.

Nursing Home Abuse Puts Former CEO in Prison

Nursing Home Abuse - Mininno Law Office — Havenwood Rehab Center was shut down in July of 2005 upon discovery of severe nursing home abuse and neglect.

On Friday, May 21st, Karen Mason (57), the former CEO of Havenwood Nursing and Rehabilitation Center in Milwaukee, Wisconsin, was sentenced to two years in prison and 3 years probabation for tax evasion. The 315 bed nursing home, of which she was CEO, administrator, and part owner, has been closed since July of 2005, when inspectors shut the facility down after discovering severe cases of nursing home abuse and neglect. A few of those nursing home abuse cases included patients being refused baths and clean sheets, and a man who jumped to his death after facility staff members failed to report his suicide threats.

In Mason’s time at Havenwood, she took money from a resident’s trust fund, from an employee’s 401(k) account, and from Havenwood bank accounts. Police allege that her theft totaled a little over 1 million dollars. The money went towards personal purchases for Mason; furniture, carpeting, jewelry, cars, concert and sporting event tickets, vacations, payments to the Milwaukee Yacht Club, and a wedding and honeymoon for one of her children.

Mason: Guilty of Nursing Home Abuse

Mason was sentenced in 2008 to 15 months in the Milwaukee County House of Corrections after being found guilty on felony charges of theft and abuse of a patient causing physical harm. That ruling also required Mason to pay back $20,696 to a Havenwood employee’s 401(k) account, and $64,435 to a Havenwood bank account.

The tax evasion case found that in 2004, Mason took in $642,000 in income. Of that total, $212,000 was salary from the facility, and the rest of it stolen. She paid taxes on none of it.

Mason was so busy stealing from her own company and living her lavish life, that she failed to make sure the residents in her nursing home were being properly cared for. The inspections by the Wisconsin Department of Health and Family Services that shut the facility down found “dire conditions” within the home, involving the health and safety of residents. They were also tipped off by employees of possible medicare fraud.

Victims of Nursing Home Abuse: Seek Help!

Nursing home abuse is a serious problem in nursing homes and other long term care facilities. And as you’ve read, it’s not always physical abuse. In Havenwood’s case, much of the nursing home abuse was in the form of theft and fraud. If you or a loved one have suffered any kind of nursing home abuse or negligence, you’ll need to seek the assistance of a nursing home abuse attorney. The nursing home abuse attorneys at the Mininno Law Office are eager to represent you and help you get the compensation you deserve. Contact us for a free case evaluation, or simply call for a free consultation at 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia.

New Malpractice Idea: Will it Help or Hurt Patients?

President Barrack Obama is willing to consider alternatives to medical malpractice lawsuits by replacing them with such alternatives like appointing neutral experts for both political parties to look at medical appeals and allegations. The goal for this new idea seems to be to address medical liability and to cut malpractice insurance premiums for doctors. Okay, maybe it is a long process to go through a jury trial with a lawyer but weren’t the courts and justice system created for just that purpose to bring justice to the party that has the injury or suffered from medical malpractice. It seems to be that this new idea is only favoring doctors who are afraid of being sued later. All trial lawyers are trying to do is see that their clients, who are former patients of these doctors received the proper care possible. Once again this new idea seems to be in favor of only saving money and not actually helping the patients who need proper medical care. If so many doctors worried less about how much money everything was costing and focused more on proper medical care for all their patients then they would not have to worry about medical malpractice lawsuits. If though however, a medical error or problem does occur then in this country by law that person or patient is entitled to a trial and entitled to justice being done for them and their families. This new idea seems to be taking away trial rights in favor of saving money for doctors and insurance. People should continue to come first; money needs to stop doing all the talking.

For additional information on this new malpractice idea and the health care debate, you may visit this link

If you or a loved one has suffered due to a medical error, please contact a medical malpractice attorney right away. They will help make sure your case is heard and you get the medical care you deserve.