2011 July Archive

Cullan & Cullan Represent Widower in Nebraska Medical Malpractice Case

By Cullan & Cullan on July 29, 2011 - Comments off

An Omaha doctor has been fined $5,000 by the Nebraska Department of Health and Human Services after being found to have provided “substandard medical care” and “unprofessional conduct.” The Department of Health brought the action against the doctor for what they said was inappropriate use of antibiotics and X-rays, saying his practices demonstrate “a dangerous pattern of practice and reflect a serious neglect.” Specifically, the Department of Health looked at three cases where the doctor inappropriately used numerous sinus X-rays, overused antibiotic injections, improperly used a nasal swab, and failed to refer a patient to an ear, nose, and throat specialist.

The doctor is also being sued by the husband of a woman who was treated by the doctor. The man is being represented by the Nebraska medical malpractice attorneys of Cullan & Cullan. He alleges that the doctor gave his wife antibiotics that she was allergic to and then she died. The doctor denies that the antibiotics are related to the woman’s death and also disputes the action brought against him by the Department of Health. He maintains that these accusations are “basically someone’s opinion” and that medicine isn’t “one size fits all.” In addition to the fine, the doctor will have to complete a medical course and remain under the supervision of another physician for one year. Read the rest »



Ford Recalls Over 25,000 SUVs and Trucks for Exterior Light Defect

By Cullan & Cullan on July 27, 2011 - Comments off

In a press release by the National Highway Traffic Safety Administration (NHTSA), Ford has announced a recall of more than 25,000 SUVs and trucks. The recall includes 2002-2007 model year F-250, F-350, F-450, and F-550 regular model and Super Duty trucks, as well as 2002-2005 Excursions and 2004-2011 Rangers.

For the Ranger, Ford is recalling 2011 vehicles built from January 25, 2011 to April 25, 2011 at the Twin Cities assembly plant and service parts that were distributed to dealers for 2004 through 2011 Rangers. For the other vehicles, the defect exists in the dealer service parts for cars in the year ranges above. The Ranger trucks and vehicle parts fail to comply with federal motor Vehicle Safety Standard Number 108: Lamps, reflective devices and associated equipment. The multi-function switch that runs the exterior lights on the vehicles may have a slider that malfunctions. If so, the turn signals, tail lights, hazard flashers, and brake lights may not work properly. This is a risk because signal lights or brake lights that fail could cause an accident. Owners of vehicles with defective switches can get the part replaced at a Ford dealership free of charge. For more information on the recall, contact the NHTSA at 1-888-424-9153 or the Ford Customer Relationship Center at 1-866-436-7332. Read the rest »



Family to Sue Medical Supply Company for Injuries to Infant Son

By Cullan & Cullan on July 19, 2011 - Comments off

A Washington state family is preparing to sue a medical supply manufacturer over injuries their son sustained as a result of one of the company’s products. The little boy, now 3-years-old, is unable to speak or walk, receives his nutrition through a stomach tube, has limited use of the left side of his body, has cerebral palsy and is mentally delayed. All of this due to an infection he contracted shortly after his birth. The family’s lawsuit alleges that the child contracted an infection of Bacillus cereus bacteria from contaminated alcohol prep pads made by the Triad Group of Hartland, Wisconsin.

For years the family had no answers for why their son came down with the infection. Then, an investigation by the Food and Drug Administration (FDA) showed the presence of the same bacteria that sickened the boy in alcohol prep pads used by the hospital where he was born. Read the rest »



FDA Warns Against Feeding SimplyThick to Infants

By Cullan & Cullan on July 14, 2011 - Comments off

A product called SimplyThick has been recalled by the manufacturer due to a link between use of the product in premature infants and a serious intestinal condition. SimplyThick is a thickening agent that can be added to liquids in order to help people with dysphagia, or difficulty swallowing, drink more easily. In the case of newborns, the thickener can be added to breast milk or infant formula to help premature babies swallow and keep down their food. The Food and Drug Administration (FDA) is currently investigating 15 reported cases of necrotizing enterocolitis, including two deaths, that involved premature infants who were fed SimplyThick either in breast milk or infant formula for vary lengths of time. Necrotizing enterocolitis is a condition in which tissue in the intestines becomes inflamed and dies. The FDA says that because of that risk, parents, caregivers, and healthcare providers should not give SimplyThick to infants born before 37 weeks gestation.

Because of the investigation and possible link to necrotizing enterocolitis, SimplyThick has recalled their product that is manufactured at their facility in Stone Mountain, GA. Products manufactured at their other facilities are still on the market. The problem with the product is that harmful bacteria may not have been destroyed during the manufacturing process. Read the rest »



Does Electronic Stability Control Makes SUVs Safer?

By Cullan & Cullan on July 7, 2011 - Comments off

The Insurance Institute for Highway Safety (IIHS) says that the risk of death in SUV crashes has dropped in recent years. In the past, the top-heavy SUVs posed a high risk of rolling over in crashes, giving many models some of the highest driver fatality rates. However, a new IIHS study shows that drivers of today’s SUVs are among the least likely to die in a crash. This is largely due to the availability of Electronic Stability Control (ESC) in many models.

The purpose of ESC is to help prevent rollovers. Now that the risk of rollover has been reduced, SUVs can be, in general, safer than other cars because their larger size and weight protect occupants better in a crash. However, depending on the circumstances surrounding a particular accident, this may not be the case. According to IIHS calculations, the driver death rate for SUVs is second lowest at 28 deaths per million registered vehicle years. Anne McCartt, IIHS senior vice president for research sums it up by stating, “The rollover risk in SUVs used to outweigh their size/weight advantage, but that’s no longer the case, thanks to ESC.” Read the rest »



All Terrain Vehicle Safety Tips

By Cullan & Cullan on July 5, 2011 - Comments off

All Terrain Vehicle (ATV) riding is a popular summer pastime. While ATVs are fun and exciting, there is a high risk of injury and even death when using them. According to data provided by atvsafety.gov, between 1982 and 2009, there have been approximately 101 reported deaths from ATV accidents in Nebraska. Between 1982 and 2006, 26 Nebraska children under the age of 16 died in ATV incidents.

Atvsafety.gov provides safety recommendations to help riders avoid accidents and injury:

First, riders should always get trained on how to properly and safely operate an ATV. The website has links to ATV training courses in each state, many of which are free or subsidized. Read the rest »