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Personal Injury 353 articles

Three Amputation Injuries In One Year Lead To Federal Penalties For Chicago Manufacturer

For the third time since the summer of 2015, a worker employed by a Chicago metal and plastic container manufacturer has suffered an amputation injury on the job. In each incident, federal safety investigators found that the injury could have been prevented had the company complied with federal safety standards. On Dec. 27, the Occupational Safety and Health Administration (OSHA) cited BWay Corp. for repeat and serious safety violations following its investigation of the most recent amputation to occur at the factory. Based in Atlanta, BWay specializes in the production of metal and plastic containers for product packaging and has ... Read More

Terminix Pays $10 Million For Illegal Use of Toxic Fumigant

Terminix International Company and its U.S. Virgin Islands operation have agreed to pay the U.S. $10 million in criminal fines and restitution payments for illegally applying a highly toxic and restricted poison to a number of residential buildings, including a St. John resort complex where the pesticide application severely injured a family of four from Delaware. In March 2015, Terminix USVI was fumigating a lower rental unit of the Sirenusa resort to eliminate Powder Post Beetles, a common pest in the islands. The company used a “tape and seal” method to seal off the unit it had sprayed with methyl ... Read More

Alabama nursing home listed as ‘substandard’ by CMS

MONTGOMERY, Ala. – A Montgomery nursing home that has struggled to comply with state and federal regulations in the past has again been placed on a federal list of deficient care providers. AlabamaNews.Net reports that Woodley Manor and Rehabilitation has landed on the “Special Focus Facilities” list kept by the Centers for Medicare and Medicaid Services (CMS), a federal agency within the Health and Human Services Department that administers federal health care programs and sets the rules and standards for care providers. According to CMS, nursing homes on the Special Focus Facilities list “have had a history of serious quality ... Read More

$338-million settlement approved for victims of Lac-Mégantic oil train disaster

Victims of a horrific oil train derailment that nearly wiped out a small Canadian town in 2013 should get some financial relief soon after a U.S. bankruptcy judge approved a settlement fund that will release $338 million to resolve personal injury and wrongful death claims. Judge Peter Cary approved the settlement Friday after Canadian Pacific withdrew its objections, disputing its alleged liability for the disaster, and after a Canadian judge gave conditional approval on Thursday. The settlement will resolve claims made by victims of the July 2013 derailment of a Maine-based Montreal, Maine & Atlantic train hauling highly volatile Bakken ... Read More

China Rejects Drywall Litigation, Says Its Companies are Immune From U.S. Law

Plaintiffs suing Chinese companies that made allegedly defective drywall likely face an uphill battle as the Chinese government, which owns the manufacturing companies, shields them from litigation in the U.S. As many as 4,000 U.S. homeowners claim that sulfuric drywall made by Taishan Gypsum Co. Ltd. emitted fumes that corroded metal wiring and appliances, destroyed their belongings, and made them sick. Many of the homeowners, who live in Alabama, Florida, Mississippi, Louisiana, Texas, and Virginia, say the defective drywall has forced them to abandon their homes, leaving them bankrupt. Damages could exceed $1 billion. Lawyers representing the plaintiffs have been ... Read More

Tori Spelling Sues Benihana Restaurant For Serious Burn Injuries

LOS ANGELES – Actress-reality star Tori Spelling has filed a personal injury lawsuit against Japanese restaurant chain Benihana after she allegedly received serious burn injuries from a hibachi grill. The Beverly Hills 90210 star filed her complaint last week in Los Angeles Superior Court. According to court documents, Ms. Spelling, 42, was dining with her family and friends at a Benihana restaurant in Encino for brunch on Easter Sunday when she tripped and fell backwards onto a hot grill. Contact with the searing-hot grill gave Ms. Spelling a severe burn on the back of her right arm. She downplayed the ... Read More

Alabama Contractor Sentenced For Lying About Worker Safety

An Alabama steel and roofing contractor has been sentenced to three years of supervised probation, 30 hours of community service, and penalties totaling $55,000 for lying to federal investigators conducting a probe into worker safety after a work site incident that seriously injured three workers. Marcus Borden, who runs his contracting company from Russellville, Ala., pleaded guilty to one count of making false statements to federal authorities on May 13, 2015. According to the Occupational Safety and Health Administration (OSHA), in March 2013, Mr. Borden was supervising a five-man crew on a roofing project In Cordova, Ala., when a severe thunderstorm ... Read More

Mother of toddler sues power morcellator maker for cancer spread

Viviana Ruscitto is suing the makers of a medical device that she claims spread cancer throughout her body, worsening her odds for survival. The mother of a two-year-old is fighting for her life in a New York Hospital, suffering from stage 4 leiomyosarcoma, a rare and aggressive form a uterine cancer. She underwent a laparoscopic procedure last fall for a routine hysterectomy, during which a surgical tool called a power morcellator, was used to shred her uterus into bits, which were removed through a small incision in the abdomen. Power morcellation is often favored over open surgeries for hysterectomies and ... Read More

DuPont fined for deaths of four Texas chemical plant workers

HOUSTON, Tex. — In November 2014, a worker at a DuPont chemical manufacturing plant collapsed when a supply line unexpectedly released more than 20,000 lbs. of methyl mercaptan, a deadly chemical gas. Three co-workers rushed to the worker’s aid in an attempted rescue, but all four were fatally asphyxiated by the colorless, flammable, and highly toxic gas. The fatal incident spurred the U.S. Labor Department to investigate the DuPoint facility in LaPorte, Texas, where the chemical release took place. Occupational Safety and Health Administration (OSHA) authorities investigating the plant found multiple hazards that prompted them to expand the probe. The probe ... Read More

Truck driver faces criminal charges for deadly Oklahoma bus crash

The truck driver whose tractor trailer crashed into a bus and killed four members of the North Central Texas College softball team in Oklahoma last year has been charged with four counts of first-degree manslaughter. Authorities in Murray County, Okla., charged Russell Wayne Staley, 53, of Saginaw, Texas, Thursday in Murray County District Court for the deaths of the players in the Oklahoma bus crash. The players were returning to Gainesville, Texas, Sept. 26, 2014 after a scrimmage in Oklahoma. Mr. Staley was driving northbound on Interstate 35 when for unknown reasons his truck veered into the median and drove ... Read More