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Kansas Governor Vetoes Workers Compensation Bill

James B. Biggs — Fri, 24 Mar 2006 10:35:09 GMT

Legislation that would change the amount of benefits due to injured workers has been vetoed by Gov. Kathleen Sebelius. Over the past month benefits for injured workers has become a hot topic in Kansas with businesses and trial lawyer associations fighting on both sides of the battle. This specific measure would have limited an employers' responsibility for workers' compensation when an employee's injury is connected to a pre-existing condition.

In supporting the veto, Sebelius noted that workers' compensation rates in Kansas are among the lowest in the nation and benefits paid to injured workers in Kansas also rank near the bottom. The Governor also had issue as to whether the bill would adversely effect military personnel who attempt to enter the workforce after being injured while serving their country.

Sen. Karin Brownlee, R-Olathe, who led the bill through the Senate, has spoken out against the veto. Brownlee feels that workers' compensation premiums aren't lower for all employers and that the purpose of the bill was to ensure that businesses are paying for old injuries of their workers.

As of now, it does not appear that enough votes would be available to override Sebelius' decision. The bill passed the Senate with two-thirds support, but was 17 votes shy in the House.

Originally posted at InjuryBoard by James B. Biggs

Remaining Heparin Sodium Vial Products Recalled by Baxter

Jenny Albano — Sun, 02 Mar 2008 15:26:51 GMT

Baxter International Inc., in conjunction with the FDA, is recalling all remaining lots and doses of heparin sodium vial products, including all multi-dose, single-dose vials and HEP-LOCK heparin flush products. The company recently recalled nine lots of the heparin sodium injection multi-dose vials as a precaution due to more than normal reports of adverse reactions from the product. Production was suspended earlier in February.

Given the widespread use of this blood thinner and the impact a product shortage would have on operating rooms, dialysis centers and other critical care areas, the FDA and Baxter concluded that removing additional lots and doses of Baxter's heparin from the market earlier would have created more risk to patients requiring heparin therapy than the increased potential for experiencing an adverse reaction. Accordingly, the FDA and Baxter decided not to recall all Baxter heparin vial products at that time. The FDA has now concluded that there is sufficient capacity on the part of other suppliers that Baxter's recall will not jeopardize access to this drug, and has told Baxter that the company can now proceed with recalling its remaining heparin sodium injection and heparin flush products.

Even though most consumers who experienced adverse side effects took the multi-dose products, Baxter wants to make sure that consumers are safe and is now recalling all remaining heparin sodium injection and heparin flush products that are still being sold.

In addition to the 100 units/mL, 10 mL, and 30 mL multi-dose vials that were already recalled, the company is adding the following:
the remaining lots of those products and heparin sodium injection 5000 units/mL 10mL multi-dose vials, heparin sodium injection 10,000 units/mL 4mL multi-dose vials, heparin sodium injection 1000 USP units/mL, 5000 USP units/mL, and 10,000 USP units/mL single-dose vials, and all HEP-LOCK and HEP-LOCK U/P, 10 USP units/mL and 100 USP units/mL vials, both preserved and preservative-free.

This recall does not involve Baxter's heparin pre-mix IV solutions in bags: heparin sodium in 5% dextrose injection and heparin sodium in 0.9% sodium chloride injection.

Almost all adverse side effects reported by consumers have involved three specific areas of the product's use - renal dialysis, invasive cardiovascular procedures and apheresis procedures. To see a list of adverse side effects click here. Consumers have been advised to stop using these recalled products and segregate the product for the rest of its inventory.

Originally posted at InjuryBoard by Jenny Albano

Home Depot Faces Lawsuits Due to Stand 'N Seal grout sealer

Jenny Albano — Thu, 12 Jul 2007 17:58:55 GMT

Stand 'N Seal Spray-On Grout Sealer has been generating complaints for months about adverse side effects that are sending consumers to the hospital. Now there are over 160 people across the country that have brought product liability suits against The Home Depot, seller of the product, and five other companies that helped manufacture and distribute the grout sealer. The plaintiffs claim the use of the grout sealer permanently damaged their health.

Stand 'N Seal is an aerosol chemical spray containing Flexipel -- an ingredient that should never have been produced in aerosol form. Two people have died after exposure to Stand 'N Seal

One plaintiff, James Flynn, has incurred permanent injuries to one of his lungs; he had to stay in the hospital for an extended period of time.

All the defendants are refuting the allegations against them. The companies are trying to turn the blame onto the consumers, who they say misused the product.

Flynn's attorney, Frank Ilardi, disagrees with the companies. He states that an ingredient in the grout sealer was changed, and before that there were no complaints about the Stand 'N Seal grout sealer. In April 2005, one of the ingredients, Zonyl, was replaced with Flexiple. The problem with the formula change was that the material data safety sheet said not to aerosolize Flexipel, but the manufacturing companies continued production of an aerosol spray.

The main manufacturer of Stand 'N Seal, Tile Perfect, eventually alerted Home Depot of a voluntary recall of 300,000 cans of the grout sealer. Those batches were removed from Home Depot stores, but the product continued to sell and cause injuries. Stand 'N Seal was finally removed from stores in March 2007 when Tile Perfect found out there were more batches with problems.

The companies included in the lawsuits are Home Depot, Tile Perfect, Innovative Chemical Technologies, Ortec Inc., and SLR Inc.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

Paralyzed Kansas Teen Awarded $16 Million

Matthew Bergmann — Wed, 06 Jun 2007 15:36:56 GMT

A northeast kansas teenager who was left a quadriplegic after a diving accident has been awarded $16 million by a jury.

In August 2005, Bradley Hudspeth, was injured while diving with friends at Lake Quivira. Lake Quivira is a private residential community that stretches the Wyandotte-Johnson county line in the Kansas City metro-area.

Rather than jumping at the end of the dock, Hudspeth dove from the side, unaware that the water there was less than 4 feet deep. He broke his neck and has been diagnosed as a quadriplegic. Although he does have some use of his arms, Hudspeth will be required to use a wheelchair for the rest of his life.

Hudspeth's family sued Quivira Inc., the corporation that owns the common areas of Lake Quivira, as well as a company that had been hired to provide lifeguard services. Late last week, a Wyandotte County District Court jury awarded Hudspeth $20 million in compensatory damages. However, the award found that Hudspeth 20 percent at fault for his injuries, thus the verdict was reduced to $16 million.

Originally posted at InjuryBoard by Matthew Bergmann

Riley County Crash Leaves Three Injured

Matthew Bergmann — Tue, 05 Jun 2007 15:23:34 GMT

A three-vehicle crash in Riley County early this morning left three people injured. According to the Kansas Highway Patrol two of the three people injured were seriously hurt and required immediate medical attention.

At approximately 6:30 am today, Bruce Stroud, 32, of St. Francis, was driving a 1984 Toyota truck south on K-18 highway when he tried to make a left turn onto Walnut Street at the Ogden city limits. At the same time Amanda S. Winkler, 21, of Clinton, Iowa, was southbound on the highway and hit the back of Stroud's truck, pushing it left of center, where it collided head-on with a northbound 1989 Chevy truck driven by Janice Harris, 60, of Junction City.

Harris and Stroud were taken to a Manhattan hosptial for treatment. Stroud was later transferred to a Wichita hospital. Both are believed to be in stable condition. Winkler did not report any injuries.

Originally posted at InjuryBoard by Matthew Bergmann

Worker Killed After Fall From Scaffolding

Matthew Bergmann — Thu, 23 Aug 2007 15:39:04 GMT

A Topeka man was killed at a work site Wednesday morning when the scaffolding he was on tipped over.

Authorities have identified the man as Anthony Anguiano, 46, of Topeka. Anguiano's death occured as his crew worked at Topeka Trailer Repair, 7215 S.W. Topeka Blvd. A co-worker was also injured in the accident has been identified as Lawrence McCall, 28, of Topeka. McCall was take to a Topeka hospital with serious injuries, his condition is not known at this time.

Both men were employed by Larry's Electric and were working on the top of an extended 30-foot motorized scaffolding platform. One of the scaffolding tires went into a drain in the floor, causing it to tip over, said Lt. Martha Lutz, spokeswoman for the Shawnee County Sheriff's Office.

The accident is still under investigation.

For more information on this subject matter, please review our section on Worksite Injuries.

Originally posted at InjuryBoard by Matthew Bergmann

Warning Issued by Kansas AG on Faulty Tires

Matthew Bergmann — Fri, 03 Aug 2007 10:31:57 GMT

Faulty tires may be driving on Kansas roads, as Attorney General Paul Morrison issued a warning to consumers this week.

The potentially dangerous tires were manufactured by Hangzhou Zhongce Rubber Co. Ltd. in China and distributed in the U.S.A. under the names Westlake, Compass and YKS. Foreign Tire Sales, Inc., made the inital call that the tires were experiencing high rates of tread seperation, but an offical recall has yet to be made. The National Highway Traffic Safety Administrations does expect a recall to be issued by mid-August 2007. The warning focuses on tires sold between 2002 to 2006 for light trucks, sports utility vehicles and vans.

Additional information can be found FTS's Web site at www.foreigntire.com.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Matthew Bergmann

Topeka Man Dies In Car Accident

Chrissie Cole — Wed, 11 Feb 2009 13:00:00 GMT

Wet weather is likely the cause of car crash that claimed the life of a 72-year-old Topeka man on Wednesday morning near Junction City, according to the Kansas Highway Patrol.

While driving on I-70, he lost control of his vehicle and slammed into a parked car on the shoulder of the road that had stopped to help another driver who slid into the ditch.

The driver, 16, of the car that slid into the ditch was not injured and the driver of the van that was hit was transported to a Junction City Hospital for treatment.

InjuryBoard has several posts on driving safely in bad weather that you can refer to for more information.

Originally posted at InjuryBoard by Chrissie Cole

Kansas Governor Brought Into Ethics Controversy

James B. Biggs — Sat, 06 May 2006 10:13:01 GMT

A conversation between two Kansas State Senators and a Kansas Supreme Court Justice over the continued school finance debate has taken a twist. Now Gov. Kathleen Sebelius has been brought into the ethics controversy and conservative Republicans have formally requested a report on any "outside" communications made by justices or the Governor on the issue.

This inquiry started when Justice Lawton Nuss' disclosed that he had discussed the school funding case with two senators at a Topeka restaurant. Previously, the Supreme Court had held that the state mechanism for funding K-12 education was unconstitutional. That decision lead to a $290 million increase in school fuding last year by lawmakers and talk of adding more than $400 million this session. However, whether the funding approved by the Legislature will meet the requirements set by the Supreme Court is still pending. On April 20, 2006, Nuss recused himself from any further proceedings on the matter. Further inquires followed that announcment.

Senate President Steve Morris, R-Hugoton, then came forward, stating that on March 28, 2006 he had informed Sebelius that a conversation had taken place with a confidential source at the Supreme Court about the education lawsuit. That information has seemed to link Sebelius to the controversy and has prompted requests for information from the Senate Senate Elections and Local Government Committee. Sebelius has maintained that she has had no involvement in the ordeal.

Additionally, the Commission on Judicial Qualifications is expected to accept Supreme Court Chief Kay McFarland's request to expedite examination of possible ethical violations by Nuss. Kansas Attorney General Phill Kline also is conducting an inquiry.

Originally posted at InjuryBoard by James B. Biggs

Pedestrian Injured In Hit And Run

Chrissie Cole — Sun, 23 Aug 2009 14:56:00 GMT

A pedestrian was struck and injured in a hit and run accident in Junction City Sunday early morning.

William Head, 24, of Manhattan, was walking along the 1000 block of East 6^th Street, just east of J Hill Road when he was struck by a car at that was traveling east.

He suffered injuries and was airlifted to Topeka Hospital, according to Kansas City Highway Patrol. His current condition is unknown.

The driver of the car fled the scene. Troopers later recovered the vehicle and identified the driver as Marcus Barnes, 28, of Birmingham, Alabama.

An estimated 1043 people have been killed this year so far in hit and run accidents across the U.S. And another 70965 have been injured.

Originally posted at InjuryBoard by Chrissie Cole