2011 October Archive

Picking out a Halloween costume is a favorite activity of many children, but did you know that some costumes actually put your kids in danger? If you do not select a costume carefully, your child could be at an increased risk for burn injuries, slip and fall injuries, and other accidents. These Halloween safety tips from the Consumer Product Safety Commission (CPSC) will help you ensure that your children’s costumes are as safe as possible.

• Costumes should not drag on the ground, as this increases the risk of tripping and falling.
• If you buy a costume, it should be made of flame-retardant materials that extinguish flames quickly.
• Costume props should be made from flexible materials that present a low risk of injury.
• Avoid sleeves that are too long, as they can get caught in a candle flame and ignite.
• If you make your own costume, use polyester or nylon. These materials are more resistant to flames than natural fabrics.
• Make sure all masks fit well, as poorly fitted masks can obstruct vision which increases the risk of accidents.
• Choose costumes made in light fabrics, as they are easier for motorists, bicyclists, and other pedestrians to see in the dark. Add reflective tape to any dark costumes to improve visibility.
• Reduce the risk of falls by making sure your kids wear sturdy shoes.
• Give your children flashlights so they can see obstacles and can be seen by others.

Taking these important safety precautions can reduce the risk of accidents and injuries on Halloween. If your child is hurt on someone else’s property, however, the property owner may be liable. If you need help getting compensation for injuries that occurred due to someone else’s negligence, contact the Nebraska personal injury attorneys at Cullan & Cullan. We have the experience you need when you seek justice. For a free and confidential case review, contact us at (402) 397-7600.

Mercedes-Benz has recalled several vehicle models due to fuel system problems. The recall affects 6,872 of the Mercedes-Benz E, ML, GL, S Class and R models. The manufacture dates for these vehicles are:

• E: 2011 models manufactured from July 2010 through February 2011 (212 Platform)
• ML: 2011 models manufactured from January 2010 through March 2011 (W164 Platform)
• GL: 2011 models manufactured from March 2010 through March 2011 (X164 Platform)
• S Class: 2012 models (221 Platform)
• R: 2011 models manufactured from April 2010 through April 2011 (251 Platform)

The diesel fuel filter in these models may leak from the area around the heating component, which could allow diesel fuel to leak onto the highway, increasing the risk of an auto accident. Mercedes plans to remedy the problem by contacting the owners of affected models and offering to inspect and replace the diesel fuel filter for free. The recall will begin in November.

When auto manufacturers produce vehicles with hazardous defects, they put your family at risk. These defects also put other motorists, cyclists, and pedestrians at risk since some defects increase the chances of crashes or vehicle fires. Consumers should pay close attention to any recall notices or warnings and take their vehicles in for inspection if prompted to do so by the manufacturer or a national safety agency.

If you or a loved one suffered serious injuries in an auto accident caused by a manufacturing defect, the Omaha product liability attorneys at Cullan & Cullan can help. We have extensive experience handling auto accident cases related to vehicle defects. For a free and confidential case review, call us at (402) 397-7600.

Every October, the organizers of National Breast Cancer Awareness Month work to spread information about the effects of breast cancer. Nearly 200,000 cases of invasive breast cancer are diagnosed each year, with more than 40,000 women dying from the disease annually. Women should familiarize themselves with the types and stages of breast cancer so they can seek medical treatment early if they notice anything unusual during a self-exam.

Invasive breast cancer spreads through normal breast tissue, which gives cancerous cells the opportunity to spread to the lymph nodes and other organs of the body. This type of breast cancer is more serious than non-invasive breast cancer.

Ductal carcinoma in situ (DCIS) is one example of non-invasive breast cancer, as the cancerous cells remain in the milk ducts of the breast. Although this cancer starts out as a non-invasive malignancy, it can spread if not treated.

Regular physical examinations, breast self-examinations, and mammograms are important, but physicians also need to be aware of the guidelines for diagnosing and managing breast cancer. If a physician fails to diagnose breast cancer, the cancer has a chance to spread to other areas of the body. Once the cancer spreads, it is more difficult to treat. Patients should take an active role in their care to ensure that medical mistakes do not delay a diagnosis. Failing to treat breast cancer is a serious issue in the medical field and not treating the cancer, or failing to treat it appropriately, can allow the cancer to spread and may reduce the risk of recovery.

If you or a loved one were misdiagnosed or received a delayed diagnosis of breast cancer, you have the right to seek justice in a court of law. The Omaha medical malpractice attorneys at Cullan & Cullan are physicians, so we have experience reviewing biopsy reports and medical records to determine the best way to handle each case. Call us at (402) 397-7600 to discuss your case in confidence.

The California company that makes Hy-Vee grocery store bagged salads is recalling four different varieties of this product after discovering that more than 2,000 cases could be contaminated with the bacteria responsible for causing listeriosis. This bacterium, Listeria monocytogenes, can cause deadly infections, especially in young people, the elderly, and those who have compromised immune systems.

Identifying Recalled Products

The four varieties included in the recall are 8 oz. shredded iceberg, 12-oz. American blend, 12-oz. Romaine garden, and 12-oz. garden supreme. They are all sold under the Hy-Vee name. The “best by” date on the recalled packages is October 14, 2011. Hy-Vee operates more than two dozen stores in Nebraska, with 11 of those stores in Omaha and surrounding communities.

Omaha Impact

The spokesperson for the company says they do not know if any stores in Nebraska are affected by the recall, but the company is trying to determine if these stores received the contaminated products. The produce manager from a local Hy-Vee spoke with Ross Boettcher of the Omaha World-Herald and reported that no bagged salad had been returned to the store at the time the story went to print.

Contamination Dangers

Listeria monocytogenes is particularly dangerous for pregnant women, as it can cause miscarriages and stillborn births. Infants with listeriosis typically experience vomiting, jaundice, loss of appetite, skin rash, and lethargy. In adults, the bacteria may cause pneumonia, meningitis, skin lesions, endocarditis, and septicemia.

Manufacturers have a responsibility to ensure that their products are safe for consumers. When contaminated products end up on store shelves, everyone who consumes them is at risk. If you or a loved one suffered a serious infection due to ingesting contaminated food, the Omaha product liability lawyers of Cullan & Cullan can help. We’ll help you fight for the justice you deserve. Call us at (402) 397-7600 to schedule a confidential case review.

KETV 7 reports that a car struck a teen student on her way to school Friday morning, leaving the victim in critical condition. Omaha Police say the accident occurred on Paxton Boulevard, where the teen victim was walking to Omaha North High School. She was hit with such force that she lost her backpack and shoes in the crash. Emergency medical personnel determined that the teen was in critical condition and took her to Nebraska Medical Center. Hospital personnel indicate her condition has improved to “fair.” The driver responsible for the accident had no insurance and was cited for reckless driving.

When reckless drivers use Nebraska roadways, they put everyone at risk. Nebraska Revised Statute 60-16,213 defines reckless driving as driving a motor vehicle in such a manner “as to indicate an indifferent or wanton disregard” for the safety of other people and property. Many people think that reckless drivers speed, but even someone going the speed limit can show “wanton disregard” for the safety of others. When they do, you and your family members are at an increased risk for injury and property damage. If you notice someone driving recklessly, try to stay away from the driver. If you can safely get the driver’s license plate number, call the police and report the reckless behavior. Staying vigilant on the road can save your life and protect the lives of other motorists, pedestrians, cyclists, and motorcycle riders.

If a reckless driver caused you or a family member to suffer serious injuries, you have the right to seek justice. The personal injury attorneys in Nebraska at Cullan & Cullan have a record of success in handling personal injury cases related to auto accidents caused by reckless drivers. Both of our attorneys are also physicians, which gives them a unique perspective when handling cases that involve serious injuries. Call us at (402) 397-7600 to discuss your case in confidence.

In August 2011, a woman got involved in an altercation between two men in an Omaha City bar parking lot. While she was in the parking lot, she was hit by a pickup truck and injured. The driver of the pickup truck had a blood alcohol level more than three times the legal limit, but the injured woman has been unable to get his insurance information because there is no accident report on file. According to the WOWT News 6 website, state law does not require law enforcement officers to investigate the accident or file a report since the woman was hit on private property.

The driver who allegedly hit her says the woman jumped in front of his truck, but the woman’s boyfriend says the driver was negligent. The victim has not been able to track down the driver of the pickup truck to get his insurance information because the incident report lists an incorrect address and he has not answered calls to his cell phone. She now has $250,000 in medical bills that her insurance may not cover in full.

When other drivers choose to get behind the wheel after having several drinks, they are putting themselves and others at risk. Drunk drivers cause millions of dollars in property damage each year and cause many serious accidents that lead to injuries and deaths. When a victim cannot get a drunk driver’s insurance information, it makes the problem even worse.

If you were seriously injured and now have medical bills due to someone else’s actions, you need an experienced legal team to help you recover compensation for your medical expenses, lost wages, rehabilitation services, and other needs. The experienced Nebraska car accident lawyers at Cullan & Cullan can help. Both of our attorneys are also physicians, providing us insight into exactly how your injuries affect your ability to work and participate in the activities you enjoy. Call us at (402) 397-7600 for a free and confidential review of your case.

KETV reports that part of Interstate 29 shut down Thursday afternoon after a tow truck slammed into a stalled car and pushed it into a ditch. The tow truck driver was not injured, but two people inside the car were transported to the hospital. The accident occurred near Loveland at approximately 4:00 p.m.

If your car stalls while traveling in or near Omaha, it’s important to take steps to protect your safety and reduce the risk of an accident. Do not let anyone talk you into leaving your car where it is stalled. Leaving the car unattended increases the risk of an accident and may also lead to the theft of items from your vehicle. Instead, put your emergency flashers on and remain with the car until you get help. If you have a cell phone, call the police immediately.

If your car stalls in an unsafe area, do not attempt to walk somewhere for help or send one of your passengers for help. Try to flag down a police officer or someone who can contact the police for you. Keep your flashers on the entire time, especially if you stall at night. This will help other drivers see you better so they can avoid your stalled car. If you have to get out of the car to attempt to find the cause of the stall, do so with caution. Wait until you have a clear path to exit the vehicle to reduce your risk of getting hit.

Even when you take all of the proper precautions, there may be a driver who is distracted or failing to obey the rules of the road. If you are injured in an accident with a negligent driver, you need an experienced attorney to help you fight for justice. The Omaha personal injury attorneys at Cullan & Cullan are also physicians, so we know how much accident injuries affect our clients’ lives. Call us at (402) 397-7600 to discuss your case.

After receiving over 2,000 lawsuits, with 350 alone coming in August, DePuy Orthopaedics, Inc. is attempting to deal with the fallout over their voluntarily-recalled ASR XL Acetabular System and DePuy ASR Hip Resurfacing System, both used for hip replacement surgery. The Johnson & Johnson-owned company has come under fire in the past year for a high rate of early failure in its hip replacement devices, causing some patients to suffer joint dislocation, pain, swelling, and even damage to the central nervous system, thyroid, and heart.

With lawsuits continuing to pour in, DePuy is attempting to stem the tide by trying to identify possible claimants before they file and evaluating the victims, according to Reuters. The tactic has become controversial, as the doctors diagnosing patients are being paid indirectly by DePuy, which some see as possibly leading to a conflict of interest. DePuy intends to cover the costs of services and surgeries caused by the failed devices.

Because of the failure or loosening of the device, many patients must undergo another surgery in order to receive an entirely new hip implant system or to revise the existing one. The National Joint Registry of England and Wales revealed in 2010 that about 12 percent of patients with the ASR Hip Resurfacing System and 13 percent with the ASR XL Acetabular System required revision surgery within five years of receiving the implants.

Receiving hip replacement surgery is a big decision and is often costly, but the failure of a hip replacement device and the necessity of additional surgeries can be life-changing. If you or someone you know has experienced early failure of a DePuy hip replacement, please contact the experienced Omaha DePuy hip replacement failure attorneys of Cullan & Cullan. Both of our attorneys are physicians as well, and understand the pain, fear, and cost that come with hip replacement failure. Contact us today for a free consultation at (402) 397-7600.