Colorado Springs Personal Injury Lawyer

Military Academy Settles Wrongful Death Lawsuit

Shannon Weidemann — Tue, 08 Jul 2008 20:29:36 GMT

A wrongful death lawsuit brought against Missouri Military Academy has been settled out of court. The Academy will pay the parents of Alain Garcia $700,000 to settle the lawsuit. He was killed in a firing range accident in 2004.

According to the lawsuit, filed in May 2007, Garcia, a sophomore, was shot during Junior ROTC training when a freshman cadet adjusted his firing mat at an instructor's request. When the student turned to fix his mat, the butt of his .22 caliber M-12 rifle hit the ground, discharging a bullet that struck Garcia in the heart.

The rifle had a sensitive hair or "ghost" trigger with less than one pound of trigger pull, the complaint alleged.

The Academy is a private middle and high school with 280 students. The Academy and the victim's parents has no comment about the lawsuit and settlement.

Originally posted at InjuryBoard by Shannon Weidemann

Kroger Sued for Charleston Slip and Fall

Shannon Weidemann — Sat, 28 Jun 2008 15:55:00 GMT

A woman alleges she shopping at a Charleston Kroger store was injured after slipping and falling. The slip and fall happened in April. She has filed a lawsuit against the company.

She claims Kroger allowed a substance that was difficult to see remain on the floor, in an area where it was expected that customers would walk.

She seeks compensatory damages for her medical bills, pain and suffering, annoyance and inconvenience, lost wages and other damages.

The woman claims there was a clear substance on the floor that she did not see. It is unknown what the extent of her injuries were. The amount of compensation she is asking for is also unknown.

Originally posted at InjuryBoard by Shannon Weidemann

Department of Justice Hiring Interns Based on Talent or Politics?

Darin Schanker — Fri, 27 Jun 2008 11:12:24 GMT

As a fairly good student attending a great law school, I would like to believe I could hold my own against any other law student in the country. But if, before an interview for a highly competitive and prestigious position, I began to chat with a another interviewee who happened to mention that he was at the top of his class at Harvard, was involved in impressive extracurricular groups, and was fluent in a highly valuable language, I would probably sigh, turn around, and walk straight out the door, thankful that at least I didn't waste my time.

But if this interview happened to be for an internship or a spot in the Honors Program with the Department of Justice, all I would have to do is put the magic words "Republican" or "Federalist Society" on my application, and voila, I've moved to the top of the list. And if my Ivy League colleague made the mistake to write "fluent in Arabic" and "member of the Council on American Islamic Relations," I would likely become be a shoe-in.

This is how some of the most important positions are being filled in our Justice Department, a June 24 report disclosed. Enormously qualified young law school students and recent graduates are not even given the chance to interview for positions in the Department's esteemed Summer Law Intern Program (SLIP) and Attorney General's Honor Program, due to political partisanship and polarization. At least one applicant screener was told to weed out the "wackos and wack jobs" who I'm sure regularly graduate with honors from elite law schools and seek to work comparatively low-paying jobs in the civil service.

And these "wackos?" Membership of the "liberal" American Constitution Society will apparently earn you that label. So will working for "wack jobs" like past and future presidential candidates Hillary Clinton, Chris Dodd, and Dennis Kucinich, or writing a newspaper editorial opposing the nomination of Samuel Alito to the Supreme Court. All are evidently enough to get the even most qualified applicant's resume thrown into the garbage bin.

Look, I understand that presidents have the right and responsibility to shape the form and direction of the government, and I'm actually heartened to hear that someday I could possibly be competitive with the graduates of the elite schools, but this is ridiculous. Career attorneys at the Justice Department outlast presidents and political trends. We need the most qualified and dedicated people to staff these jobs, and the unfair and partisan manner that they are being staffed discourages the best and the brightest on from even applying. The scandals that have recently tarnished the DOJ , closely followed by New York attorney Scott Horton, illustrate the perils of politicizing governmental departments best independent. Let's hope that the next president, Republican or Democrat, is able to restore the Department's prior luster.

Thomas Connell
Summer Intern 2008
J.D. Candidate 2010
University of Colorado

Originally posted at InjuryBoard by Darin Schanker

Colorado Springs Restaurants Have Tomatoes

Shannon Weidemann — Thu, 19 Jun 2008 11:06:48 GMT

Due to the recent tomato recall many restaurants pulled tomatoes from the menu as a precautionary measure. Tomatoes, from an unknown source, have been contaminated with a rare strain of salmonella. Hundreds of people have become ill from eating raw tomatoes.

The Ritz in downtown Colorado Springs never had to take Roma tomatoes off of its menu because its produce was considered safe. Bek says The Ritz gets its tomatoes from a local grower who uses safe, F.D.A. approved methods to water crops.

"We're really diligent about where we get our produce from and our meats and everything and we inspect everything and make sure that it's top quality before we even accept it."

The FDA has cleared tomatoes grown in several states and declared them safe. Tomatoes grown in Colorado are on the safe list. Chipotle, Subway, and the Pita Pit are all serving tomatoes again after switching to grower's from safe areas.

Salmonella causes a sickness that includes diarrhea, fever and abdominal cramps. There have been several hospitalizations from the outbreak.

Originally posted at InjuryBoard by Shannon Weidemann

Eads Car Accident Kills Four

Shannon Weidemann — Wed, 28 May 2008 10:13:20 GMT

A car accident near Eads has killed four people and injured three on Friday. A car carrying four people tried to go around a tractor trailer on Colorado 287 and hit a minivan head on.

The patrol said the people in the car were believed to be from Arlington, Texas. The 24-year-old man driving the car died at the scene. An unidentified passenger who wasn't wearing his seat belt died while being taken to a hospital. Two other 24-year-old men in the car were in critical condition. Their names weren't released until relatives could be notified.

Two people in the minivan were killed and a passenger was injured. The car hit the tractor trailer after hitting the minivan. The driver of the truck was not hurt. It is unknown if there were other factors in the accident. The police are still investigating.

Originally posted at InjuryBoard by Shannon Weidemann

CPSC Issues Warning About Falls from Windows

Linda Snyder — Thu, 22 May 2008 12:49:17 GMT

One of the joys of warmer weather after a long winter is the pleasure of opening your windows to let in the fresh spring breezes. But, letting in that fresh air can lead to tragedy in households with small children.

Since April 2008, The U.S. Consumer Product Safety Commission has monitored media reports of at least 18 small children falling through windows including two deaths. Most of these deaths and injuries occured when the child pushed against a window screen or climbed onto furniture next to an open window.

From 2002 to 2004, CPSC has received an average of 25 reports per year of fatalities due to falls from windows. Children under the age of five account for about one-third of these fatalities and more males, across all age groups, account for more deaths than females.

The CPSC offers these tips to keep your children safe from falls from window:

Safeguard your children by using window guards or window stops.

Install window guards to prevent children from falling out of windows. (For windows on the 6th floor and below, install window guards that adults and older children can open easily in case of fire.)
Install window stops so that windows open no more than 4 inches.

Never depend on screens to keep children from falling out of windows.

Whenever possible, open windows from the top -- not the bottom.

Keep furniture away from windows, to discourage children from climbing near windows.

Let's throw open those windows to get some fresh air, but let's keep our children safe while we enjoy those spring breezes.

Originally posted at InjuryBoard by Linda Snyder

Colorado Springs Car Accident Injures Man

Shannon Weidemann — Fri, 09 May 2008 10:29:31 GMT

A 30-year-old man was injured in a car accident in Colorado Springs on Saturday morning. The accident involved only one vehicle. It rolled over many times.

Police say a 1984 Oldsmobile Sedan struck a curb line of Constitution Avenue and Avondale causing the Sedan to rollover several times. The Sedan finally came to rest in the front yard of 4818 Constitution Avenue.

The driver was taken to a local hospital and is listed in critical condition. The police are investigating the accident. They believe alcohol and a high rate of speed were factors in the accident. Toxiocology testing is being performed. No charges have been filed.

Originally posted at InjuryBoard by Shannon Weidemann

This post has been removed

Linda Snyder — Mon, 28 Apr 2008 17:06:00 GMT

This post was removed at the request of the contributing author.

Originally posted at InjuryBoard by Linda Snyder

Sweetened Ginger Recalled for Sulfites

Shannon Weidemann — Wed, 23 Apr 2008 11:53:40 GMT

Jars of sweetened ginger have been recalled due to the presence of undeclared sulfites. The product is distributed by Fine Land Corp. under the Golden Girl brand name. The recalled ginger is sold in a 7 ounce plastic container.

The recall was initiated after routine sampling by New York State Department of Agriculture and Markets Food Inspectors and subsequent analysis by Food Laboratory personnel revealed the presence of undeclared sulfites in Golden Girl brand "Mut Gung" sweetened ginger which did not declare sulfites on the label. The consumption of 10 milligrams of sulfites per serving has been reported to elicit severe reactions in some asthmatics. Anaphylactic shock could occur in certain sulfite sensitive individuals upon ingesting 10 milligrams or more of sulfites.

The recalled item was distributed to stores across the country. There have been reports of injuries. The company is offering a full refund to consumers that purchased the product. The company is also taking phone calls at 718-714-1850.

Originally posted at InjuryBoard by Shannon Weidemann

The Heparin Debacle Part One

Linda Snyder — Tue, 22 Apr 2008 20:50:42 GMT

Remember what it felt like as a kid when you went into a candy store and you were overwhelmed with how many choices of sweets lay before you? When I read the New York Times article, U.S. Identifies Tainted Heparin in 11 Countries, I felt that same overwhelming indecision, but in a bad way. I was baffled by which angle to take. Do I blog about how the Chinese are trying to pass the buck and blame everyone else for the contaminated Heparin. Do I blog about how the FDA is dismally understaffed to even consider inspecting foreign plants. Do I blog about how huge this Heparin debacle is turning out to be or do I blog about how Baxter International, the manufacturer of Heparin, is more concerned with covering their corporate behinds and is denying that the contaminated drug has caused 81 deaths.

So, I decided to do what any smart kid in a candy store would do.sample a little bit of everything.

In a nutshell, the FDA has found the contaminated drug Heparin, a blood thinner, in 11 countries including, Australia, Canada, China, Denmark, France, Germany, Italy, Japan, the Netherlands, New Zealand and the United States. Investigators have also established a definite link between the contaminant and the severe reactions that have caused 81 deaths in the Unites States.

Heparin is made from the mucous membranes of the intestines of pigs and the process of rendering the ingredients takes place in Chinese family workshops which are for the most part, unregulated. The contaminant, oversulfated chondroitin sulfate is a cheaper substitute that was able to slip through the usual testing and was not identified until more sophisticated tests were utilized.

There has been speculation that the concentrated number of deaths in the US may be attributed to the practice of American doctors to use large, quickly infused doses of heparin. Additionally, the FDA may be better than its foreign counterparts at tracking serious side effects.

The FDA had reports as early as 2006 that some lots of heparin contained the cheaper additive, which begs the question.why did Baxter International wait until February 2008 to issue a recall?

Up next: The Heparin Debacle Part Two - Chinese Officials Play the Blame Game

Originally posted at InjuryBoard by Linda Snyder