Archive for October 2010
UNIVERSITY OF ALBERTA INVESTIGATES DELTA KAPPA EPSILON FRATERNITY FOR HAZING AFTER VIDEO OF THE EVENT IS RELEASED | Dallas, Texas Personal Injury Attorney Blog
The University of Alberta is investigating the Delta Kappa Epsilon fraternity for hazing. A video was taken of portions of the event which reveal that hazing of pledges took place over a 4 day period. Typically, the hazing over this period of time is part of “Hell Week” where pledges complete their initiation rituals to become members of the fraternity. In this instance, the video shows that sleep deprived pledges were forced eat their own vomit, raw onions, and were yelled at and berated and were threatened with violence.
The school newspaper is reporting that alumni members of the fraternity claim that in years past, pledges were forced to endure extreme dehydration, and that then pledges were forced to consume Kool-Aid with salt, and encouraged to drink excessive amounts of alcohol and that the pledges would also be put through strenuous physical tests like wind sprints and push-ups.
This case presents a very typical type of hazing case except for the release of the video taping of the events which are usually considered to be “sacred” by the fraternity and kept under strict secrecy. Usually, the fraternity pledges are forced to undergo certain rituals, exercises or to participate in activities that lead to others being injured or killed. Often, alcohol is involved and the fraternity members engage in these activities every year under the banner of “tradition” to make the pledges feel as as a test of loyalty and unity. These hazing activities often are considered a rite of passage that the victim must endure before the victim is permitted to become an official member of the group. These rites of passage tend to focus on efforts to humiliate, embarrass and often times even involve physical or sexual assault that may cause permanent physical and mental injuries, and in some cases even result in death. Then, after the fact, the group involved often tends to “circle the wagon” to protect the organization and the individuals involved as part of the Code of Silence. Education and enforcement of anti-hazing policies and laws appear to be the best ways to combat this counter-culture and to expose these groups and behaviors. Holding those involved accountable is an important step towards stopping the cycle of abuse so that others will know that these illegal behaviors will not be tolerated.
If you or a loved one is seriously injured or killed as a result of a hazing incident, it is important that you take action quickly to protect your rights. Communicating in writing with the appropriate organizational, educational and police authorities to properly and timely document your complaints is extremely important. Some schools and universities have extremely short deadlines (sometimes as short as 48 hours from the time of the incident) in their Codes of Conduct to report such conduct if you desire for the institution to take any action. If you find yourself in this situation, you need to know your rights and take action quickly to protect those rights.
Montes Law Group, P.C.
Attorney: Rachel Montes
1121 Kinwest Parkway, Suite 100
Irving, Texas 75063
Telephone (214) 522-9401
Facebook @ Montes Law Group, P.C.
EUROPEAN REGULATORS BAN THE SALE OF AVANDIA | Dallas, Texas Personal Injury Attorney Blog
Avandia has been taken off of the market in Europe. European regulators say that the risk of heart attack associated with Avandia is too great a safety concern to continue its use for most people.
In simultaneous news briefings Thursday, the European Medicines Agency and the U.S. Food and Drug Administration announced their long-awaited decisions on the fate of GlaxoSmithKline’s controversial drug. The European regulator said it would stop authorizing marketing of Avandia, which will be off the market within the next few months.
The FDA said new patients will be able to get a prescription for Avandia, but only if they can’t control their blood sugar with other medications. Doctors will have to document that their patients are eligible to receive the drug and have been briefed on its risks. FDA expects the restricted plan “will limit use of Avandia significantly.”
“Although the European Medicines Agency went further by actually suspended marketing of the drug, both regulatory decisions result in essentially the same outcome, virtually complete elimination of the use of this drug by patients around the world,” said Dr. Steve Nissen of the Cleveland Clinic. Nissen, who published the first paper linking Avandia to heart risks, said only a small number of U.S. patients would receive the drug under the new restrictions.
GlaxoSmithKline’s chief medical officer, Dr. Ellen Strahlman, said in a statement that the company will voluntarily stop promoting Avandia in all countries where it operates.
“As a matter of prudence we are restricting access,” said the FDA’s Dr. Janet Woodcock. “We are not withdrawing the drug at this time because there is considerable uncertainty about this signal and whether or not it is valid.”
The European Commission still must approve the recommendations by the European Medicines Agency, a process that could take several weeks. Decisions by the health regulators usually are not challenged. “In light of all the information available and including results from some very recent studies, the committee concluded that as of today, the benefits of rosiglitazone can no longer be considered to outweigh its risks,” Dr. Hans-Georg Eichler, EMA’s senior medical officer, said Thursday.
FDA Commissioner Margaret Hamburg said the FDA’s decision reflects its unique powers to restrict access to medications. While pulling a drug off the market is an extremely rare event in the U.S., it is more common in Europe, where drugs are approved on a conditional basis. “We are taking somewhat different strategies, but both strategies are designed to assure the goals of safety and effectiveness,” Hamburg said in a briefing with reporters. The FDA’s decision on Avandia is likely to draw ire from safety advocates and U.S. lawmakers, though it essentially concurs with the opinion outside experts reached earlier this year. In July, a 33-member panel of medical experts voted 20-12 to keep Avandia available in the U.S. Of the 20 who voted to keep it on the market, 10 said it should only be available on a limited basis. The FDA is not required to follow the group’s advice, though it often does.
The FDA has confirmed that studies show that Avandia® increases a patients’ risk of suffering a heart attack by 43% and cardiac-related death by 64%. These Avandia® side effects may not have been adequately disclosed by the manufacturer and an Avandia® Recall has yet to materialize. In addition to the risk of heart attacks and stroke, there are other concerns about Avandia including an increased risk of:
- Congestive Heart Failure
- PPH – Primary Pulmonary Hypertension
- Bone Fractures
- Blindness
- Liver Failure
- Hepatitis
The law in most states provides several personal injury claims for persons who have been seriously injured by a prescription drug with excessive and dangerous side effects. These claims include strict liability for a defective product, breach of warranty, negligence, and misrepresentation. Damages sought against pharmaceutical companies for dangerous drug side effects and injuries include at least the following types of damages:
- Physical pain and suffering, mental anguish and physical impairment;
- Medical expenses associated with efforts to remedy the injuries as a result of the original surgery;
- Loss of earnings and/or earning capacity, and
- In the case of a patient’s death, the family of the victim may file a wrongful death action and seek damages.
Montes Herald Law Group, L.L.P.
Attorneys: Rachel Montes and Tom Herald
1121 Kinwest Parkway, Suite 100
Irving, Texas 75063
Telephone (214) 522-9401
Toll Free (877) 529-8899
Facebook @ Montes Law Group, P.C
LEGAL RIGHTS OF PATIENTS INJURED BY AVANDIA
DEPARTMENT OF JUSTICE SUBPOENAS DOCUMENTS FROM GLAXOSMITHKLINE OVER ITS MARKETING OF AVANDIA | Dallas, Texas Personal Injury Attorney Blog
Avandia Angst: GlaxoSmithKline said it is responding to a U.S. Department of Justice subpoena and also to civil investigative demands” from “a number” of state attorneys general dealing with how the company developed and marketed the diabetes drug Avandia, the WSJ reports. (Its not clear whether the DOJ’s request relates to a civil or criminal probe.)
The disclosure came in GSK’s third-quarter earnings announcement, which showed a 3.5% drop in net profit. In September the FDA put additional restrictions on the use of the drug, while European regulators pulled it from the market.
Montes Law Group, P.C.
Attorneys: Rachel Montes
1121 Kinwest Parkway, Suite 100
Irving, Texas 75063
Telephone (214) 522-9401
Toll Free (877) 529-8899
Facebook @ Montes Law Group, P.C.
TWO CRASHES ATTRIBUTED TO TEXTING WHILE DRIVING | Dallas, Texas Personal Injury Attorney Blog
A 16 year old female from Crystal Lake, Illinois has been charged with failure to reduce speed to avoid a collision and improper use of an electronic communication device. Police say she drove her car into a house while texting and driving.
Police said the girl had been driving a 998 Lexus ES300 west on Country Club Road when the car left the road at a curve, went across a lawn, and then struck the house, causing extensive damage to both the car and home.
Meanwhile, Jordan Fernandes (21) from Westport, Massachusettes man has been charged with texting while driving and other vehicular offenses after his truck hit a utility pole. Mr. Fernandes was issued citations for sending or receiving text messages while driving after he admitted to reading a text message and replying to the text while driving his truck. Dartmouth’s texting while driving law went into effect on September 30, 2010.
Montes Law Group, P.C.
Rachel Montes
1121 Kinwest Parkway, Suite 100
Irving, Texas 75063
Telephone (214) 522-9401
Facebook @ Montes Law Group, P.C.
MORE BICYCLE CRASHES ON DALLAS BIKE TRAILS | Dallas, Texas Personal Injury Attorney Blog
Wednesday, October 13, 2010 there were two bicycle accidents on bike trails in Dallas. The first incident involved a pedestrian and a cyclist who collided at Dalgreen and West Lawther. Just a few hours later, two cyclists crashed at West Lawther Drive and Kimberly Lane involving Ken Kristofek (43) was T-boned by another cyclist who allegedly ran a stop sign. These accidents come only 2 weeks after Lauren Huddleston (28) passed away from injuries she sustained in a crash with a cyclist while she was jogging on the Katy Trail.
Mr. Kristofek, a former professional cyclist and father of two, was wearing a helmet at the time of his incident. Still, Mr. Kristofek was transported to Baylor Hospital and treated for a concussion as he was knocked unconscious in the incident. These biking accidents can involve significant force as the impact in Mr. Kristofek’s case was strong enough to crack the carbon frame of his bike, along with his helmet.
Montes Law Group, P.C.
Rachel Montes
1121 Kinwest Parkway, Suite 100
Irving, Texas 75063
Telephone (214) 522-9401
Facebook @ Montes Herald Law Group, L.L.P.