Archive for November, 2008

During the holiday season our thoughts often turn to visiting friends or loved ones in nursing homes. Take the time this holiday season to drop in for a visit. No one should be alone during the holidays and it would be a good time to see how they’re doing, both mentally and physically. For nursing home patients, a visit from their loved ones during the holidays can be a cherished gift.

And remember, even if you don’t have a loved one or friend living in a nursing home, you can still stop in and brighten someone’s holiday. There are many nursing home residents without family who would appreciate the visit and a friendly conversation.

Pitman, Kyle & Sicula, S.C. is a Wisconsin law firm with a devoted nursing home neglect practice.  Our nursing home abuse and neglect trial team has successfully represented abused and neglected residents in almost every county.  We know Wisconsin.

IKEA North America has agreed to pay the U.S. government $500,000 for failing to immediately report incidents about defective outdoor candles.

The U.S. Consumer Product Safety Commission alleged that IKEA failed to report the faulty product in a timely manner.  The candles could unexpectedly flare up, posing fire and burn injury hazards to consumers when they attempted to blow out the candles.

Remember, there are three main ways in which a product may be defective:

Manufacturing Defect: The product is not inherently defective, but rather became defective at some point during the manufacturing process. In most cases, the victim is required to prove the manufacturer’s negligence is the cause of the product’s defect, except in cases of strict liability. In cases of strict liability, the victim only needs to prove the product was defective.

Design Defect: A flaw in the design of the product makes it unreasonably safe for the consumer. In most cases, design defects are inherent, and exist in the product from its inception.

Marketing defect: The product was not sufficiently labeled, and the consumer was not provided with proper instructional materials and warnings of the products’ potential dangers.

Manufacturers, distributors, and retailers have a legal and ethical obligation to create, produce, and sell reasonably safe products that will not cause harm or injury to a consumer. Unfortunately, thousands of people are injured every year in accidents that resulted from the use of defective products. If the people responsible for putting these products on the marketplace took additional steps to ensure consumer safety, many of these injuries and accidents could be avoided.

If you have sustained an injury in an accident caused by the use of a defective product, you may be entitled to monetary compensation for your pain, suffering, emotional distress, medical expenses, and financial loss.

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling cases through out the state.  Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.

The Milwaukee Journal Sentinel recently ran an article covering black-box warnings on prescription medications and the effect it had on one Wisconsin family.

In case you were unaware, a black-box warning is a type of warning that appears on prescription drugs. The name is derived from the black border that usually surrounds the text of the warning. It means that medical studies indicate that the drug carries a significant risk of serious or even life-threatening adverse effects.

The article discussed the long-term care issues of Bruce Bowman, 71, while he was a resident at Taylor Park Nursing Home Rehabilitation Center in Rhinelander, WI.

Mr. Bowman suffered from dementia and passed away at the facility after a bout with pneumonia.

Approximately 6 mos. before his death, Mr. Bowman was prescribed Risperdal, an anti-psychotic drug.  Medical records show he was given the drug to subdue his “agitation” and “physical aggression.”

According to the article, Bowman’s children say the nursing home staff never told them that Risperdal has a black-box warning which reads “Increased mortality rate in elderly patients with dementia-related psychosis.”

They also didn’t know that in clinical trials most patient deaths occurred from cardiovascular or infectious complications, such as pneumonia.

Prior to giving Mr. Bowman his medication, the nursing home had the resident’s legal guardian sign a form outlining the medication’s risks.

The black-box warning for Risperdal was issued by the FDA in 2005, but the nursing home was using medication consent forms that were nearly 7-years-old so they didn’t contain any language regarding the black-box warning.

The article goes on to say that the nursing home facility could’ve downloaded the updated forms from the state Department of Health Services Web site.  Unfortunately, the forms aren’t required in nursing homes.

Residents and their health care agents are supposed to be informed about the services and medications being provided so they can make informed decisions.

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm that handles nursing home abuse and neglect cases.  Our nursing home abuse and neglect trial team has successfully represented abused and neglected residents in almost every county.  We know Wisconsin.

The law firm of Pitman, Kyle & Sicula, S.C. was proud to make a donation to the 11th Annual Watertown Gifts for Kids Christmas event.

Pitman, Kyle & Sicula donated a $500 check to event coordinator Elizabeth Brennecke for the second consecutive year. The success of the Christmas event has allowed the Gifts for Watertown Kids charity to go beyond just helping families during the holiday season. Gifts for Watertown Kids now helps a variety of services that benefit children through out the year.

A monetary donation or an unwrapped gift for a child 0-18 will be accepted as admission to the event. All of the donations will go to Watertown Family Aid and the Watertown Unified School District. The event will have a cash bar, hors d oeuvres and live entertainment.

“We just want to spread holiday cheer and help families make this a special holiday season,” said Jeffrey Pitman. 

“The growth and reach of this charity can be attributed to the generosity of the Watertown community.” said Tom Kyle.

Pitman, Kyle & Sicula would like to thank all of those who helped make last year’s event the most successful to date.  The firm encourages everyone to continue to donate toys, time, services, etc., in an effort to make this a special holiday season for everyone.

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling cases through out the state.  Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.

Waupaca County becomes the first county in the state to ban the use of cell phones while driving a motor vehicle.

The ordinance prohibits dialing, answering, talking, listening or text messaging in a manner that would not allow the user to keep both hands on the steering wheel.

There is an exemption for calling emergency services or using the phone while the vehicle is parked.

The ordinance carries a fine of $75 not including court costs which could raise the overall tab to $217.50.

Board Supervisor Jack Penney said that the county experienced approximately 12 cell phone-related accidents over the last year.  

“We have had a number of fatal and injury crashes caused by people young and old on cell phones,” said Al Kraeger, chief deputy of the Waupaca County Sheriff’s Department.

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling cases through out the state.  Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.

The law firm of Pitman, Kyle & Sicula would like to congratulate attorneys Jeffrey Pitman and Jonathan Groth for being recognized by Super Lawyers and Law & Politics magazine.

Jeffrey Pitman was named a 2008 Super Lawyer making this the third consecutive year he has earned the honor (2006-08).   Being named a Super Lawyer requires candidates to be nominated by their peers.  The nominees are then screened by the research staff at Super Lawyers magazine.  Finally, the candidates are grouped according to primary area of practice and are reviewed by a blue ribbon panel of their peers.

Jonathan Groth was named to the 2008 Rising Stars list.  In order to to be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for ten years or less.  No more than 2.5 percent of Wisconsin lawyers are named to the Rising Stars list.

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling cases through out the state.  Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.

The Kenosha City Council passed an ordinance yesterday that prohibits drivers from reading, writing or texting while driving. The ordinance carries a $150 fine, but may escalate to $500 if the violation leads to an accident.

The ordinance hopes to raise public awareness, especially among young drivers, of the danger involved.

A state statute already addresses text messaging under “inattentive driving.”  The violation includes a $96.40 fine and four points off your driving record.  According to the city attorney, violators may be subject to both fines.  City officials and law enforcement are currently discussing how police will approach enforcement.

A 2003 study performed by the Wisconsin Department of Transportation – State Patrol Division examined cell phone use in motor vehicle crashes.  The following is a portion of the study’s conclusion:

While the Department of Transportation and Wisconsin State Patrol survey did
not provide a definitive conclusion on the relationship of cell phone use to motor
vehicle crashes, it did provide a first step in a review of the issue. The lack of
striking data that points unquestionably at cell phone use as the cause of crashes
leads us to believe that there are many more variables that must be discussed
before any decisions are made on how best to either limit motorist cell phone use
or enhance safety for cell phone users. The data indicates that cell phone use is
indeed a contributing factor to motor vehicle crashes, as are other reasons for
“inattentive” or “distracted” driving, and that, in itself, is an important finding.

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling cases through out the state.  Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.

This week marks the ten-year anniversary of the $246 billion settlement with tobacco companies.  A lawsuit that marked a cultural change in America.  

The idea started when the mother of a legal secretary died of heart disease caused by smoking.  The attorney for the family, unable to take the tobacco industry on by himself, turned to the Attorney General of Mississippi with the idea that since the state was paid for the woman’s medical care through the Medicaid program that the state could file a lawsuit and recover its losses. 

Up until this point, tobacco companies had won every smoker lawsuit ever filed against the industry, saying smokers knew what the dangers were.  However, much to Big Tobacco’s dismay, the idea caught on.  More and more states’ attorneys general filed similar cases.  With the growing media attention, the tobacco industry looked to escape the financial threat the cases caused not to mention the PR nightmare.

Eventually, the tobacco companies agreed to a $246 billion settlement payable over 25 years.  They also agreed to change their marketing and business practices.  The iconic images of Joe Camel and the Marlboro Man were banished from all advertisements.

Where did all of the money go?  The money was divided amongst the states.  Many have used the money to balance budgets, build schools and pave roads.  SInce the settlement studies show that smoking rates are down across the board. 

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling cases through out the state.  Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.

A new report discusses how insurance companies make their money.  This shouldn’t be a surprise.  They take in as much as they can in premiums and pay out as little as possible in claims.

Insurance companies are supposed to act in good faith with their insured and on behalf of their insured when dealing with someone their insured injures.  Arbitrary denials and low offers for no reason are not good faith.

Read the report.  You’ll get a feel for what personal injury attorneys deal with day in, day out.  You’ll understand why Allstate, Farmers, Progressive, et al., get on our nerves.

-Attorney Jonathan Groth

Investigators for the National Transportation Safety Board are attributing the collapse of the I-35W bridge in Minnesota to a design flaw and not corrosion.  An official ruling is expected near the end of a two-day NTSB hearing. 

The bridge collapsed into the Mississippi River during rush hour traffic on August 1, 2007 killing 13 and injuring 145.

Investigators discovered that the U-10 steel gusset plates, pieces that helped connect steel beams, were designed at only half the required thickness.  The investigation identified 16 fractured gusset plates in a main truss.  One expert called that design error a “critical factor” in the collapse.

Experts said there is nothing inherently dangerous about this type of bridge so long as each structural element is designed to withstand the expected stressloads.  Internal NTSB memos have focused on the weight of construction materials on the bridge for a resurfacing project at the time of the collapse.

Upon completion in 1967, the bridge was called “fracture critical,” which meant that a failure of any number of structural elements would bring down the entire bridge.

The NTSB said the bridge collapse was unavoidable once the plates failed. 

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling cases through out the state.  Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.