Tuesday, May 15, 2012

Oil and Gas Company Truck Drivers Dying on the Road with Help from the Government


Exemptions of rules for truck drivers working for oil and gas companies may be one of the reasons so many of these drivers are getting killed in truck accidents, according to a report by the New York Times. These exemptions allow employees to work 20 hours at a time, take less time off between long stretches of work, as well as falsify log books.

The rules placed upon the gas and oil companies allowing exemptions are 50 years old, and have been repeatedly upheld by government agencies like the Federal Motor Carrier Safety Administration.

Commercial truck drivers are required to take at least 34 hours off every 60 hours of work. Drivers for the gas and oil companies are only required to take 24 hours off. However, those men who work in the oil fields on crews are allowed to go to a motel after 12 hours. Truck drivers may wait nearly 40 hours before they can offload equipment – with nowhere to sleep.
Although federal highway regulators are aware oil and gas industry drivers are working longer hours than other commercial truck drivers, little is being done to stem the problem. And it is a big problem. Over the past decade, 300 drivers have been killed in truck accidents. From 2009 to 2010, the number of fatalities in auto accidents dropped while fatalities in large trucking accidents rose nearly nine percent.

Reasons for the increase in fatalities include:
  • Massive increase in number of trucks on the road – Each hydraulic fracturing (fracking) well sees 500 to 1500 trips per well to deliver millions of gallons of water
  • Driver fatigue – Working long hours leads to many reports of drivers falling asleep while driving, causing accidents which kill occupants of the vehicle
  • Frequent drug and alcohol use – Reports of regular drug abuse at some oil wells is not unheard of
  • Trucks are in disrepair – Pennsylvania State Police data shows 40 percent of oil and gas trucks inspected between 2009 and last February needed to be taken off the road due to the condition they were in
  • Oil safety rules circumvent federal highway safety rules – If a company is caught falsifying safety records, encouraging their drivers to work longer hours than they are permitted to by law, or otherwise go against safety regulations, the fine won't even dent company profits, and companies may simply change their name and register as a different company to get around a blot on their record
It isn't hard to understand why so many people want to work for oil and gas companies right now. The pay is very good in places where unemployment is high; minimal training is needed in many aspects of oil field work; over the next decade 200,000 wells are expected to be drilled, giving many people hope for long term employment. However, these employees are often at the mercy of employers, lobbyists, and their government pets who know that they can simply hire someone else when someone quits, is permanently disabled, or killed in a trucking accident. Morality has never been part of the argument framed when discussing the oil and gas boondoggle this country has gotten itself into. Beyond the current truck accident issue, we can also look to the Gulf of Mexico BP oil disaster to see how these companies treat, not only their employees, but the communities where they drill.

If you or a loved one has been seriously injured, or you have lost a loved one, in a trucking accident, please contact Long & Waite, P.C. to speak with an experienced truck driving accident attorney. We serve communities in the Birmingham and Mobile, Alabama area.

Tuesday, May 8, 2012

FDA Warns of Second Cancers with Revlimid Use

The Food and Drug Administration updated the cancer drug Revlimid's prescription information in March of this year. Just two months later, the FDA has updated the information again, this time warning of the possibility of second cancers caused by taking the drug.

Revlimid, marketed by Celgene, is used to treat multiple myeloma, bone cancer, and myelodysplastic syndrome – a blood disorder. Revlimid is used in combination with dexamethasone to treat multiple myeloma after the patient has been treated by at least one other medication. It is taken to help the marrow produce normal blood cells and kill abnormal cells within the marrow.

According to the FDA, newly diagnosed multiple myloma patients who are treated with Revlimid after stem cell transplantation are three times more likely to develop a second primary cancer than patients who did not receive Revlimid. Secondary cancers Revlimid patients may develop include myelogenous leukemia, Hodgkin's lymphoma, and myelodysplastic syndromes. The length of time second cancers develop is roughly two years from the start of Revlimid treatment.

The FDA data shows that less than four percent of patients developed a second cancer when taking Revlimid with dexamethasone each year of treatment, while less than two percent developed a second cancer when taking dexamethasone and a placebo.

Canada listed the new information last week for Canadian doctors and patients. Last September, European regulators reported Revlimid's benefits outweigh the risks, but added detailed information about second cancers that goes beyond what Canada or the FDA states. European regulators found a "four-fold increased incidence of second primary malignancies" in patients taking Revlimid.

The FDA recommends that doctors prescribing Revlimid continue to monitor patients for second cancers, as well as weigh the benefits of the drug against the risks when treating their patients.

If you or a loved one has become ill due to a defective drug in the Mobile, Alabama area, please contact Long & Waite, P.C. to speak with an experienced drug liability attorney today.

Monday, May 7, 2012

Chrysler Recalls Vehicles Due to Electrical and Break Problems

Chrysler announced a recall of over 127,000 Dodge Chargers and Chrysler 300 vehicles due to potential issues with anti-lock breaking and electrical stability control systems. So far there have been no reports of accidents or injuries as a result of the defective vehicle parts.

The global car company stays the affected vehicles include the 2011-2012 year models produced through December 20, 2011. According to a filing issued with the US National Highway Traffic Safety Administration, the defect may cause the vehicles to overheat and lose control, which increases the risk of an accident.

The issues were found during testing of a vehicle used by police in Michigan. Chrysler then checked on problems with consumer-related vehicles.

Chrysler has announced that any repairs will be made without charge. Recall notices will go out throughout the month of May. Affected vehicles are in the US and Canada.

If you or a loved one has been injured due to a defective vehicle and are in the Mobile, Alabama area, please contact Long & Waite, P.C. to speak with an experienced personal injury attorney today.

Wednesday, April 25, 2012

Gulf Coast Shrimp Processors Ask Judge to Hold Off on BP Settlement Claims

A court filing by the American Shrimp Processors Association argues that its members are being treated unfairly by the BP class-action settlement resulting from the Gulf of Mexico oil spill. In a deal in which the shrimp processors say they've been excluded, BP has agreed to pay $2.3 billion for some seafood-related claims. The group claims the settlement compensates shrimp harvesters and boat captains at a far more generous rate than it does those groups who do not qualify for the seafood settlement program.

The group wants the judge to hold off on the settlement so that it may be changed to give them fair compensation. Florida Attorney General Pamela Jo Bondi is also concerned with terms of the settlement. Bondi says the settlement as it is written only applies to Florida businesses and residents along the Panhandle and western part of the state, and that thousands of other interested parties may have been shut out of the claim.

The attorneys who brokered the settlement between the plaintiffs and BP say that the process will continue and that all claims will be paid by law.

BP must pay $7.8 billion to resolve more than 100,000 claims for its part in the Gulf oil disaster two years ago. The company may be on the hook for billions more when the government fines them for environmental damages. The $7.8 billion settlement also does not cap what BP may pay to resolve private claims.

The Gulf oil spill affected thousands of people in the Gulf States, and severely damaged the ecosystem. Many of these people may never get their livelihoods to return to normal, and many others may have irreparably harmed their health in cleanup efforts. The oil spill may have ended after months, but the damage done will last decades.

If you or a loved one have been affected by the Gulf oil spill, and you are in the Mobile, Alabama area, please contact Long & Waite, P.C. today to speak with an experienced maritime accident attorney.

Tuesday, April 17, 2012

Salmonella Outbreak in 20 States Linked to Tuna

Yellowfin tuna used to make sushi, sashimi, and ceviche has been linked to salmonella that has so far sickened 100 people in 20 states, including Alabama, and the District of Columbia. According to the FDA, 12 people have been hospitalized due to their illness. Most of those sickened are primarily in the South and along the East Coast. However, 12 people in Wisconsin and 10 in Illinois became sick after eating the tainted seafood.

Moon Marine USA Corp. has voluntarily recalled almost 60,000 pounds of frozen raw yellowfin. It is labeled Nakaochi Scrape AA or AAA when sold to stores and restaurants. The meat is scraped off the bone to make it look like a ground product. It's possible that the yellowfin was passed through several distributors before reaching grocery stores and restaurants.

Common symptoms related to salmonella include diarrhea, cramps, and fever within eight to 72 hours after eating the tainted food. Infants, pregnant mothers, the elderly, and those with suppressed immune systems are most likely to have severe or life-threatening symptoms.

The FDA recommends that people be cautious about eating seafood and ask about its source. They state, "When in doubt, don't eat it."

If you or a loved one has become sick with food poisoning in the Mobile, Alabama area, please contact Long & Waite, PC to speak with a defective product attorney today.

Thursday, April 12, 2012

Johnson & Johnson Fined Over One Billion in Arkansas Court for Hiding Risperdal Dangers

An Arkansas judge ordered gargantuan drug company Johnson & Johnson to pay $1.2 billion in fines over hiding the dangers associated with taking the antipsychotic drug Risperdal. Risperdal has been approved to treat bipolar disorder, schizophrenia, and some behavioral problems, as well as autism in teenagers. Given the increase in the number of autism cases across the country, you can bet the company was hoping to market Risperdal to these ill children long into the future.

Side effects of taking the alleged defective drug Risperdal include an increased risk of weight gain and diabetes, and risk of stroke in older patients.

The judge issued the $1.19 billion fine for 240,000 violations of Arkansas's Medicaid fraud law, as well as a $11 million fine for violations related to Arkansas's deceptive practices act.

J&J's subsidiary Janssen Pharmaceuticals says it will appeal the ruling because no patients in Arkansas have been harmed by Risperdal. However, this ruling, among the largest on record for a state fraud case involving a pharmaceutical company, adds to other similar cases in which Janssen was ordered to pay millions in Texas, South Carolina, and Louisiana.

An attorney for a whistleblower in Texas says the company was boasting Risperdal as a "miracle, breakthrough drug," but it was no more effective than cheaper generic alternatives. Other attorneys say this is more evidence of the public growing wary of pharmaceutical companies not following the rules and ignoring claims of harming the sick.

If you or a loved one has become ill due to Risperdal or other defective pharmaceuticals, please contact Long & Waite, PC to speak to an experienced personal injury attorney today.

Tuesday, April 3, 2012

Plane Crashes through Florida Grocery Store

An experimental aquatic plane suffered engine failure and crashed through the roof of a Publix grocery store in DeLand on April 2. Police say five people suffered burn injuries. Three of the burned were shoppers and the other two were on the plane that crashed. Both of the plane crash victims from the plane are in critical condition.

Around 100 people were in the store when witnesses say the roof suddenly came down near the meat department. Fire quickly spread throughout the store.

Witnesses outside the store said they watched the plane come from the direction of the airport and then attempt to make a U-turn. The plane then fell into the store. There was no noise coming from the plane as it fell, indicating probable engine failure.

The FAA and NSTB have started their investigation. DeLand's mayor says city inspectors will look at the building, which was damaged extensively.

The three injured shoppers include a student from Stetson University whose legs were burned. He was admitted to the hospital, while the other two were treated and released.

If you or a loved one has suffered burn injuries you received in an accident in the Mobile or Birmingham, Alabama area, please contact Long & Waite, P.C. to speak with an experienced personal injury attorney today.