San Diego County Personal Injury Lawyer - Wrongful Death

Product Liabilty: FDA Requires New Warning For Avandia

Scott Barber — Thu, 15 Nov 2007 10:48:26 GMT

The FDA has required GlaxoSmithKline to place a "black box" warning on its Diabetes drug, Avandia. The warning requirement is based upon 42 studies which show an increased risk of heart attack or chest pain associated with the use of Avandia. A May 21 report in the New England Journal of Medicine linked Avandia to a 43 percent increased risk of heart attacks. Avandia was the world's best-selling diabetes drug last year.

Glaxo has agreed to the FDA's request to conduct a new trial of Avandia. This time Avandia will be compared directly with Actos and perhaps other diabetes drugs. The drug trial will start next November and last four to five years with the results available in 2014. Iinterim analyses of the data should provide the agency and doctors with some earlier guidance on the drug's safety.

For more information on this subject, please refer to the section on Drugs, Medical Devices, and Implants.

Originally posted at InjuryBoard by Scott Barber

City of Encinitas, School District Sued for Wrongful Death

Randy Walton — Sat, 10 Nov 2007 08:17:24 GMT

The family of a San Dieguito Academy teenager who died after being hit by a fellow student's car has filed a wrongful death lawsuit in Vista Superior Court. Named in the lawsuit are the City of Encinitas, San Dieguito Academy, San Dieguito Union High School and the State Department of Transportation. The driver of the vehicle and his father were also named.

The lawsuit alleges that the district and the state knew that road conditions in the area were dangerous and therefore must share in the liability.

The suit, which seeks unspecified damages, alleges that road conditions in the area are dangerous and that the agencies are partly liable for the boy's death because they knew of the problem, or should have known, and did nothing about it.
The accident happened beneath the Interstate 5 bridge that spans Santa Fe Drive, about four blocks west of San Dieguito Academy. Ryan was walking with other students who were returning to school from a lunch break.
No sidewalks exist on the south side of the busy road, where the students were walking. The lawsuit states that pedestrian access is inadequate, and so are signs and warning devices to keep pedestrians safe.
The lawsuit alleges that the school district was negligent and says the open-campus policy at San Dieguito Academy exposes students to the risks of busy roads without adequate supervision.

The victim's family is represented by prominent San Diego attorney Craig McClellan, who has said his case against the school district would focus on the negligence of it "open campus" policy knowing of the dangerous conditions outside the campus.

There is apparently evidence that the negligent driver, also a teen, was showing off to his passenger at the time of the accident, and deliberately maneuvered his car in a reckless way before losing control of his car. Everybody in the case will obviously be pointed at the driver as the sole case of the accident. I think it will be tough to get around that, but if any lawyer in San Diego can spread the liability around to the other defendants it's Craig McClennan. This will be an interesting case to follow.

For more information on this subject, please refer to the section on Wrongful Death.

Originally posted at InjuryBoard by Randy Walton

Three Die in Fiery Truck Accident

Randy Walton — Mon, 15 Oct 2007 10:43:04 GMT

A fiery truck accident on Interstate 5 killed three people and injured at least ten last Friday evening. The chain-reaction accident occurred on southbound lanes near Santa Clarita, closing the southbound lanes.

The Los Angeles Times reported that the accident occurred inside a southbound tunnel that is used primarily by big-rig truckers and caused a fire that was so intense that firefighters could not explore the tunnel beyond its opening.

Fire burned throughout the day Saturday, and explosions rocked the tunnel. Molten trucks that had been reduced to hulks blocked it. Chunks of debris and cargo, including produce, littered the road. A woman waited anxiously to learn if her trucker husband had been trapped inside.
Coroner's official Ed Winter said the three bodies that were recovered had not been identified. "We are methodically going through the wreckage vehicle by vehicle" looking for other bodies, he said.

The resulting traffic jam backed up for miles.

Interstate 5 is of vital commercial importance, but detours and disruptions along its 1,381-mile length from the Mexican border to Canada have become increasingly common. Many have been attributed to steadily increasing traffic and a steady deterioration of roadways.

For more information on this subject, please refer to the section on Tractor-trailer accidents.

Originally posted at InjuryBoard by Randy Walton

Wrongful Death Lawsuit Filed Against Madison Nightclub

Shannon Weidemann — Sat, 08 Sep 2007 11:53:11 GMT

A man was killed in a nightclub in Madison County in 2006. He was shot by another patron and his estate filed a wrongful death lawsuit against the nightclub Club Xcursion. The lawsuit alleges the nightclub did nothing to stop dangerous people from entering the nightclub.

Maple's estate claims the club is negligent for failing to prohibit John Doe from entering the building, failing to provide adequate security to protect customers from John Doe, failing to warn customers about John Doe and failing to provide their employees with adequate training and resources to protect customers.
The estate further alleges the club failed to prepare an adequate security plan that ensured customers were safe and free from harm.

The lawsuit is asking for damages in excess of $200,000. The lawsuit alleges other acts of violence occurred at the nightclub leading up to the deadly shooting.

Originally posted at InjuryBoard by Shannon Weidemann