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Legal Blog

Archive for the ‘Miscellaneous’ Category

Annual Bachus & Schanker Walk Like MADD Family Day

On Saturday, August 2nd hundreds assembled at Sloan’s Lake Park in Denver, Colorado to participate in Mother’s Against Drunk Driving’s 3rd Annual Walk Like MADD fund raising event. In spite of the record breaking, triple digit temperatures, spirits were high and the pace was brisk as attorneys and staff of Bachus & Schanker, along with their families (and 6 dogs), joined hundreds of other walkers and volunteers to ultimately raise over $99,000 ($5,000 over their goal of $95,000) for the Denver MADD chapter. These donations are used to support the local community by providing support programs for victims of drunk driving and programs to help prevent drunk driving and underage drinking.

After the 5K walk was completed, the staff and families of Bachus & Schanker and families of our clients who are victims of drunk driving accidents, moved on to another section of Sloan’s Lake Park for our Annual Family Bar-B-Que. The food was terrific and the company was even better. There were games of volleyball and badminton, great bar-b-que, ice cream sandwiches and lots of babies!

In addition to our corporate sponsorship of $8500, Bachus & Schanker employees raised and additional $985. Jeffrey Drouin won a $100 Mastercard Gift Card as the top fund raiser with $275 and Melissa Baker took second place, earning a $50 Mastercard Gift Card by raising $125.

If you’d like to participate in this meaningful and FUN event next year, please contact Linda Snyder at 303-893-9800 or at linda@coloradolaw.net.

8/18/08

U.S. District Court Nominee Accused of Plagiarism

After almost a year, one of the few things that really stuck with me from my week-long law school orientation is that cheating is not acceptable. Well, of course, I knew that already, but in law school, it is really not acceptable.

Stressing “professionalism” and the philosophy that our personal reputations and the reputation of our profession rely mainly on our integrity, honesty, and competency, the faculty and staff made it clear on numerous occasions that an appearance before the Honor Council for any kind of violation would not bode well for a successful legal career.

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7/28/08

Denial by Design: US Government Avoids Compensation to Ill Workers

The Rocky Mountain News has launched a 3-part series on the plight of the workers who formerly worked to assemble the nation’s nuclear arsenal. Many of those individuals now have significant health problems, and the government has lied, concealed, and dissembled in a drive to avoid paying any form of compensation.

During the Clinton administration, the Republican Congress joined with the President to create a system for compensating the workers, but to no avail. As the years past, the agencies in question and the present administration have put more and more roadblocks in the way of these people getting any kind of medical or financial help. No matter your feelings regarding the Cold War, the plight of these workers will pull at your heart strings. And the actions of the government will, and should, exasperate you.

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7/22/08

When Fireworks Don’t Work

The Fourth of July is coming, along with all the traditions that make the holiday so immediately memorable, especially to children. There are barbecues, gatherings of friends and family, and of course, fireworks. I love fireworks as much as the next guy, probably a little more, but I’m not ignorant of the risk involved.

On Sunday, the Denver Police Department found a huge cache of what they are referring to as a “recreational explosives” in Denver. They found an entire garage full of fireworks, describing it as equivalent in danger to having a meth lab next door.

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7/2/08

Justice Delayed and Justice Denied

The Supreme Court issued a decision, reducing the punitive damages Exxon would have to pay as a consequence of their continued employment of a known drunkard who caused the catastrophic Exxon Valdez oil spill. Thus ends a long and storied battle over responsibility for a massive oil spill.

In 1994, a jury awarded punitive damages of $5 billion, which was then reduced to $2.5 billion. Now, the Supreme Court has further reduced the punitive award to $500 million, stating that in these situations (which are admittedly limited), the ratio of compensatory damages to punitive damages must be 1 to 1.

The Court based their decision on a perceived need for consistency, stating that punitive damages are sometimes high and sometimes low, and similar facts do not necessitate a similar award. I have a hard time arguing with that; one of the underlying theories of the Common Law is that it should be consistent and built on precedent. But I feel that the Court missed the forest for the trees, so to speak.

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6/25/08

Record Breaking Flooding and No Insurance Coverage?

Flooding and no insurance coverage is about to become much more common in the Mississippi Gulf Coast. State Farm announced that it will not be renewing homeowners policies to those living within 1,000 feet of the beach and those between 1,000 and 2,500 feet will not be getting wind coverage renewed. Mike Chaney, the Mississippi Insurance Commissioner, is confident that people will be able to get coverage and states that rates may even decrease.

However, I am wondering, will it really decrease the rates. And will everyone be able to get covered? The real question is whether any other insurance companies will follow suit. If they do, basic economics tells us that the rates will go up. The less companies offering insurance to homeowners in that area, the less supply. People are unlikely to move at any significant number away from the area so demand will not substantially change. This will drive up the price. Also, if less companies are offering the insurance, the more risk they are taking on to pay out, so naturally the price would increase that homeowners pay for insurance. The fear of flooding without insurance coverage is well deserved for homeowners after Katrina, and with the recent developments up north in the Midwest.

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6/23/08

Tort Reformers Have a Problem

Tort Reformers have a problem. They can push through laws that limit damages by harping on the “litigation lottery,” but inevitably, people will start to realize that what those laws do is essentially declare “You, an individual citizen, cannot possibly be harmed more then this amount.” This statement doesn’t sit well with most people, since Americans tend to recoil from legislative fiat. So now, the tort reformers have another tact they’re trying: the tort system needs to be reformed because plaintiff’s attorneys are making too much money.

Comes now a Colorado ballot initiative, aimed at severely limiting attorney’s fees. The initiative would have set a schedule for contingency fees, reducing from the standard 30%, down to 20% and then to 10% as the amount of the jury award rises. It also would have set a severe limit on overall contingencies, essentially allowing the percentage to plummet with no bottom in certain circumstances.

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6/19/08

Hit-and-Run Shocks Nation Part Two: What Would You Do?

Bystanders do nothing after a hit-and-run. A minute and a half clip showing the horrific hit-and-run of Angel Torres that aired on news programs and was attached to online articles has raised a lot of talk of society’s loss of morality.

There are elements that are not known about the aftermath of the hit and run. Did someone try to identify the cars that fled after hitting Torres? Did someone try to go for help? Did people wait around to give statements to the police that might help find the driver that hit Torres? These are things that a short clip cannot show.

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6/13/08

Hit-and-Run Shocks Nation

Bystanders do nothing after a hit-and-run. I’m sure you have all heard this headline as it dominated radio and news stations. A minute and a half clip showing the horrific hit-and-run of Angel Torres that aired on news programs and was attached to online articles has raised a lot of talk of society’s loss of morality. Angel Torres was walking across a two lane road after buying milk when a Toyota and a Honda chasing it crossed the center line and hit him. The clip caught by a surveillance camera also caught bystanders gawking and cars stopping for a second but then driving on. In the clip, no one comes to Torres’ aid or appears to do anything to help.

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6/11/08

FEMA is Insane!

At least, if we go by the oft-quoted definition of insanity: doing the same thing over and over again, expecting a different response:

The government may house disaster victims in trailers this hurricane season as a last resort, despite promises never to use them again because of high levels of formaldehyde found in trailers used after Hurricane Katrina.

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6/10/08

Share the Road - May is Motorcycle Safety Awareness Month

Here are tips on sharing the road with motorcycles from the National Highway Traffic Safety Administration.

Motorcycles are vehicles with the same rights and privileges as any motor vehicle on the roadway. Drivers of other passenger vehicles should always remember to follow these steps to help keep motorcyclists safe:

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5/19/08

Disabled Young Adults Face New Challenges

When many young adults turn 18 years old, they are looking forward to an exciting future that includes college or a new job. But the approximately 500,000 young people who require special medical attention and suffer from diseases like cystic fibrosis, diabetes, congenital heart disease or severe disabilities due to injuries are facing a dilemma that didn’t exist a generation ago. Once they turn 18, they have nowhere to go.

Due to medical advances, many of the children who would not have survived a generation ago are facing a future that is ill-equipped to care for them. While there are facilities that care for and provide services for severely disabled or ill children such as St. Mary’s Healthcare System for Children in New York, St. Jude Children’s Hospital in Memphis, Tennessee and Shriner’s Hospitals for Children. Most young people are expelled from these programs when they turn 18, in order to accommodate the influx of younger patients.

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5/15/08

Honda Motor Co. Recalls TRX500 ATVs

In cooperation with the U.S. Consumer Product Safety Commission, Honda has voluntarily recalled its 2008 TRX500 ATVs equipped with electric power steering. There is the potential hazard that the ball joints in electric power steering shaft could separate unexpectedly, resulting in the loss of control by the driver.

This model also known as the Honda FourTrax Foreman 4X4, comes in red, white, black, olive, and camouflage, with “Honda” and the wing logo printed on the fuel tank. “TRX500″ is printed on the side panel just below the seat.

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5/12/08

BS2 Recycles to Save Earth

BS2 as we affectionately refer to our annex offices, located across the street from the main offices, participates in an on-going building-wide recycling program.

Each office is equipped with a recycle bin to collect paper, cardboard, aluminum cans, plastic bottles, magazines, phone books and newspapers. Our food and other non-recyclables are disposed of in bins in our kitchen area.

Does it make a difference? Let’s look at the statistics for the month of April as reported by building management CBRE.

Landfill airspace saved in cu yds: 16
Number of mature trees saved: 75
Gallons of oil saved: 2,030
Gallons of gasoline saved: 105
Gallons of water saved: 30,689
Kw-hr of electricity saved: 18,604

Total Tons Waste: 10.72
Recycled Tons: 5.85
Percent recycled: 54.55%

I feel pretty good about helping save 75 trees this month! And this is just one building…imagine the difference if thousands of buildings did the same.

5/9/08

Bright Future Ahead for Kelsey Crider after Kidney Transplant

You may remember reading about Kelsey Crider a few months ago. Just weeks after graduating from Boulder High School last year and making plans for college, Kelsey was diagnosed with Medullary Cystic Kidney Disease. After a failed transplant from her father, Steve’s kidney, the search was on for a new suitable donor.

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5/7/08

Oops they did it again. Merck’s asthma drug Singulair under investigation for suicide link by FDA.

Merck is at it again. In March 2008, the FDA opened an investigation into a link between suicidal behavior and mood swings in some users of Merck’s product Singulair. Merck is currently fighting more than 4,200 state and federal Vioxx related lawsuits pending across the country and is appealing a $253.4 verdict jurors awarded to Robert Ernst’s widow, Carol which takes into account her husband’s lost pay as a Wal-Mart produce manager, their mental anguish, her loss of companionship and punitive damages.

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5/5/08

Accutane: a Miracle Drug to Cure Acne or Deadly Remedy?

To most users, Accutane, one of the most potent, effective weapons against acne, is a miracle drug. But, to others Accutane leads to a life filled with pain and discomfort and in some cases, death.

First introduced in 1982 by the drug maker Hoffman-La Roche, Acctutane became of their top sellers with an estimated 1.2 billion dollar in sales.Despite reports as early as 1984 of serious adverse reactions including miscarriages and birth defects, the FDA decided to allow the sale of Accutane relying on doctors’ discretion and wisdom to properly prescribe the drug. Other adverse effects include inflammatory bowel disease, Crohn’s Disease, suicide, loss of bone density and bone fractures, muscle weakness, chapped lips and nose bleeds, Hoffman-La Roche refused to recall their product.

The side effects related to Accutane are so severe that the FDA now requires all patients who take Accutane to sign a consent form. Since 1996, pharmacists are required to give patients a Medication Guide which details the risks. Thalidomide and Mifeprex are the only other drugs that have required a Medication Guide.

In 1997 European authorities placed strict controlling measures on Accutane because of reports of serious psychiatric disorders associated with the drug. But, it wasn’t until the death by suicide in May 2000 of Michigan Congressman Bart Stupak’s son, BJ while taking the drug, that public awareness of the dangerous link between Accutane and suicide emerged. In response, a spokesperson for Roche claims that it has been used safely by over 13 million patients and that severe acne in itself can cause depression.

So, you decide…is Accutane a miracle cure or deadly remedy?

5/1/08

Big Changes to Colorado Insurance Law Means You Get the Uninsured Motorist Coverage You Pay For (Part Five - What Should You Do?

As we learned in parts one through four, Colorado Revised Statute 10-4-609, effective January 1, 2008, addresses uninsured motorists (UM) and under-insured (UIM) motorist claims and closes the loopholes that prevented consumers from receiving the full benefits they thought they were buying when purchasing UM/UIM coverage in Colorado.

What Should You Do?
Call your insurance company today! This act takes effect January 1, 2008, and it applies to any policy issued or renewed on or after January 1, 2008. It does not automatically update or retro activate an existing policy. You must notify your insurance company and write a new policy or renew your existing policy.

What Else Do I Need to Know?
The new law requires insurance companies to provide consumers with the option of carrying equal limits of UM/UIM as up to the bodily injury liability limits. So, what that means is; if your liability coverage is $100,000 then you are eligible for $100,000 in UM/UIM coverage.

Saving Money by Dropping the Premiums on Additional Cars is Not a Good Idea.
Your insurance agent may try to talk you into dropping coverage on additional cars is not a good idea and here

4/29/08

Big Changes to Colorado Insurance Law Means You Get the Uninsured Motorist Coverage You Pay For (Part Four - “Set-off” and “Anti-Stacking”)

Now that we know about liability insurance and uninsured and under-insured coverages and how insurance companies used “set-off” and “anti-stacking” together to lessen your coverage, let’s talk about how insurance companies used “set-off” and “anti-stacking” together.

Could “Set-off” and “Anti-Stacking” be Used Together?
Prior to January 1, 2008, insurance companies could reduce your compensation by “setting off” and “anti-stacking” your compensation at the same time. The law now prohibits that practice.

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4/25/08

Big Changes to Colorado Insurance Law Means You Get the Uninsured Motorist Coverage You Pay For (Part Three - “Anti-Stacking”)

In parts one and two, we learned about liability and uninsured and under-insured coverages and how insurance companies can no longer “set-off” reduce the amount of your UM coverage.

What is “Anti-Stacking”?
Another change in the law stops insurance companies from using “anti-stacking” language when writing a policy. Prior to the new law, insurance companies could collect premiums for UM/UIM coverage on multiple policies covering multiple cars in the same household. However, they would not allow the policy holder to use these multiple coverages at the same time.

Example:
Andrew and Samantha were both driving on the interstate when Samantha rear-ended Andrew’s car because she was distracted while talking on her cell phone. Samantha was uninsured. As a result of the accident Andrew had medical expenses and lost wages totaling $250,000. In addition to his liability coverage, Andrew had purchased and paid premiums on three separate $100,000 UM/UIM policies for each of his three cars for a total of $300,000.

Conclusion Before January 1, 2008:
Andrew’s insurance policy contained anti-stacking language which allowed the insurance company to limit Andrew’s coverage to only $100,000 of UM/UIM benefits on one car policy despite the fact that Andrew paid for UM coverage on 3 different vehicles, paying premiums for $300,000. His coverage was $150,000 short.

Conclusion After January 1, 2008:
Under the law change, Andrew was able to combine or “stack” his three policies for a total of $300,000 which was more than enough to cover his $250,000 in medical expenses and lost wages.

To be continued. Next up: Can “Set-off” and “Anti-Stacking Be Used Together?

4/23/08

Big Changes to Colorado Insurance Law Means You Get the Uninsured Motorist Coverage You Pay For (Part Two - “Set-Off”)

In part one we learned about how Colorado Revised Statute 10-4-609 effects your insurance coverage and about thedifferent types of coverage; liability and uninsured and under-insured insurance.
Here’s how it all fits together.

What is “Setoff”?
Prior to January 1, 2008, your insurance company would be able to “setoff” or reduce the amount of UM coverage they would have to pay you by the amount of liability insurance available from the at fault driver.

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4/21/08

Big Changes to Colorado Insurance Law Means You Get the Uninsured Motorist Coverage You Pay For (Part One)

The newly revised Colorado Revised Statute 10-4-609, effective January 1, 2008, addresses uninsured motorists (UM) and under-insured (UIM) motorist claims and closes the loopholes that prevented consumers from receiving the full benefits they thought they were buying when purchasing UM/UIM coverage in Colorado.

What is Liability Insurance?
Property damage liability coverage pays for the physical damage to the vehicle damaged in the accident by the at-fault driver. Bodily injury liability coverage provides compensation for injuries sustained in a motor vehicle collision. The State of Colorado requires that every owner of an car have at least $25,000.00 in bodily injury liability insurance coverage.

What is Uninsured (UM) or Under-Insured (UIM) Insurance?
Despite the fact that Colorado law requires every automobile owner in Colorado to maintain insurance on their vehicle, many drivers who cause accidents do not have car insurance and are therefore “uninsured motorists.” In other cases, the driver who caused an accident may be insured but may not have enough coverage to pay for all of the injuries caused in the accident and is “under-insured.” We are frequently asked, “What happens to my case if the person who caused the accident is uninsured or doesn’t have enough insurance?”

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4/17/08

Premarin Risks Keep Stacking Up

For millions of women taking Premarin to ease their symptoms of menopause, including hot flashes, night sweats and vaginal dryness, a newly released study is another blow to finding relief for their discomfort.

According to a new Women’s Health Initiative study published in the Journal of the National Cancer Institute, women who take conjugated equine estrogen are at double the risk of developing benign proliferative breast disease. Tom Rohan, MBBS, Ph.D. of Albert Einstein College of Medicine and his colleagues report benign proliferative breast disease is thought to be an early stage of in the development of breast cancer and may increase the risk of later carcinoma.

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4/14/08

Colorado Baby’s Death could bring Additional Murder Charge

Mesa County prosecutors are considering additional charges against Lonnie Herrera, who is accused of fatally shooting his pregnant girlfriend, Anna Maria Macias, now that the baby she was carrying has died. Anna Maria Macias, who was about 8 1/2 months pregnant, was killed on Sunday night when she was shot in the neck. A baby girl, the family named Maria, born by caesarean section at St. Mary’s Hospital in Grand Junction, died overnight when she was removed from life support.

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4/7/08

No Murder Charge in Death of Baby

Mesa County District Court Judge Richard Gurley ruled that the death of a fetus delivered at eight and a half month gestation, due to a car crash is not murder under Colorado state law.

On November 6, 2007, Logan Lage was leading Colorado State Patrol on a high speed chase when he crashed head on into Shea Lenen’s SUV. She was eight and a half months pregnant. Shea’s baby was delivered by an emergency c-section. Baby Lileigh lived for about an hour before she died. The coroner ruled the death as a homicide.

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3/28/08

Bungee Cord Alert

Some of the dangerous things your mother said you should never do:

Run with scissors.
Play with fire.
Jump on the bed.
Play with knives.
Stick a fork in the toaster.
Eat off the floor.
Use bungee cords.

Okay. She never said anything about bungee cords. Who would have thought that this everyday household device has the potential to inflict serious injuries including the loss of an eye and your vision?

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3/20/08

Hospitals Are Profiting From Their Mistakes at Our Expense

In no other business that I know of, can you turn a profit when you sell a defective product or service. If the television set you purchased at your local electronics store doesn’t work when you get home, you take it back to the store and get a refund or exchange. When the mechanic doesn’t repair the brakes on your car properly, you don’t pay him until they’re fixed. If the bread you buy at the grocery store is moldy you take it back and get fresh loaf.

Back what if you can’t take it back? What if there are no exchanges? Suppose you go to the hospital and they cut off the wrong limb or operate on the wrong body part. You can’t take that back. You can’t get an exchange. What if not only did the hospital provided inferior care but charged you for it as well? It happens all the time at hospitals all over the United States.

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3/19/08

Yamaha Rhino ATV Rollover Safety Alert

According to The Consumer Product Safety Commission, there have been 555 ATV fatalities in 2006. Of those 555 deaths, 111 were in children under the age of sixteen. In the same year, there were 146,000 reported injuries of which just under 40,000 were children under sixteen. The CPSC estimates that these figures are low, as they expect to receive additional ATV accident reports.

The Yamaha Rhino was introduced in 2003 and despite the growing number of Yamaha Rhino ATV rollover accidents, Yamaha Motor Corporation, USA refuses to issue a recall. Even though there have been reports hundreds of injuries and even deaths, there has still yet to be a recall on this vehicle. It doesn’t take a rocket scientist to figure out that there’s something wrong with those numbers.

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3/17/08

TO GIVE OR NOT TO GIVE

The Big Give is a new show created by Oprah Winfrey. The purpose of the show, I believe is to raise awareness about giving. Oprah chose several people from around the world to compete in this new reality show that awards the winner a surprising $1,000,000. The Big Give came to Denver, CO on yesterday’s episode. It was thankfully a definite upgrade from last Sunday’s show with a few exceptions.

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3/11/08

Got Milk? Monsanto’s Milk is a Murky rBGH Mess.

Monsanto doesn’t want us to know what’s in the milk we’re drinking. Monsanto is fighting to ban labels that claim milk is rBGH free, claiming there is no way to verify the claim is true and there is no difference in milk from cows treated with rBGH and cows that are not treated. Thus they claim, the labels are misleading.

Having recently signed up for a home delivery service which provides rBGH free milk, I thought I’d do a little research into the growth hormone and antibiotic issue. I almost wish I hadn’t. They’re not kidding when they say “Ignorance is Bliss.”

So, what’s the big deal about rBGH?

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3/6/08

Baxter Recall Expands to Include All Heparin Products

Baxter initially recalled nine lots of heparin sodium injection multi-dose vials on January 17, 2008 as a precautionary measure. Since then there have been 400 reports of adverse reactions, some life-threatening and 4 deaths. 4 deaths that didn’t have to happen.

Baxter and the FDA claimed that removing additional lots and doses of Baxter’s heparin from the market earlier would have created a shortage of heparin and therefore more risk to patients requiring heparin therapy than the increased potential for experiencing an adverse reaction. 400 reports of adverse reactions and 4 deaths sounds more of a risk to me.

According to the Baxter Heparin recall notice, adverse reactions have included abdominal pain, decreased blood pressure, burning sensation, chest pain, diarrhea, dizziness, drug ineffectiveness, dyspepsia, dyspnea, erythema, flushing, headache, hyperhidrosis, hypoesthesia, hypotension, lacrimation increased, loss of consciousness, malaise, nausea, pallor, palpitations, paresthesia, paresthesia (oral), pharyngeal edema, restlessness, vomiting/retching, stomach discomfort, tachycardia, thirst, trismus, and unresponsiveness to stimuli. 400 reports of these adverse reactions and 4 deaths.

The FDA has completed the inspection of the Chinese plant that provides the active ingredient in Baxter’s heparin, but has not determined the cause of the problem. China’s drug safety agency, claims that it enforces strict controls on chemicals used in pharmaceuticals but importing countries are ultimately responsible for ensuring product safety. 400 adverse reactions and 4 deaths since January 17, 2008 because it’s not China’s responsibility to ensure the safety of product manufactured in their country.

China has dozens of heparin manufacturers. Some are classified as pharmaceutical companies and subject to inspections and some companies are not. The Chinese food and drug agency apparently did not inspect the factory because it was registered as a chemicals manufacturer, not as a pharmaceuticals company. How was a company who was obviously producing an active ingredient to a pharmaceutical drug able to register as a chemical manufacturer instead of a pharmaceutical manufacturer and therefore able to bypass inspections? And not be held accountable for 400 adverse reactions and 4 deaths?

The U.S. FDA acknowledged that it never inspected Changzhou SPL, the Chinese manufacturer, contrary to its own regulations, because of what it says was a mix-up with names. It only took 400 adverse reactions and 4 deaths to get that figured out?

On February 28, 2008, 400 adverse reactions and 4 deaths later, Baxter has finally recalled the remaining lots of heparin.

2/29/08

A Friend in Need of a Kidney Transplant

Imagine the hope and excitement of graduating from high school and looking forward to the next, both exhilarating and terrifying chapter of your life as you head for college to pursue career of your dreams.

Imagine the devastation as you learn you have a serious disorder that will put those dreams on hold and in fact threatens your very life.
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2/25/08

Largest Meat Recall in US History

Westland/Hallmark Meat Company, the supplier of ground beef to U.S. school lunch programs, recalled a record 143.4 million pounds of meat after the government said it was unfit for humans.

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2/22/08

FDA Ignores Congress and Lets Drug Companies Off the Hook

At Bachus & Schanker, LLC we believe your involvement can make a difference!

Just when we thought the FDA is looking out for America’s best interests…read the following news from Linda Lipsen, Vice President, Public Affairs, American Association for Justice (Formerly the Association of Trial Lawyers of America)
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2/12/08

Thousands of Kids Sent to ER Each Year for Cold Meds

A recent study conducted by the U.S. Centers for Disease Control and Prevention states that about two-thirds of children who took cold and cough medicines unsupervised accounted for the 7,100 children sent to the emergency room each year.
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1/30/08

American Association for Justice Exposes Pharmaceutical Industry Study

The American Association for Justice (AAJ) recently released a statement exposing a current study by drug companies that was done to discredit personal injury attorneys. AAJ stated that the study was faulty and poorly researched by basing their facts entirely on Google searches. AAJ represents lawyers who have the interest of injured individuals at hand and continues to lead their Fight for Justice Campaign which fights “studies” like these by making sure people are receiving both accurate and useful information from journalists.
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1/21/08

A Denver Man Files Lawsuit for “Popcorn Lung”

A man from Denver, Wayne Watson, filed a lawsuit in U.S. District Court on Tuesday claiming injury from the ingredient used for artificial butter flavoring in microwave popcorn. Watson is believed to be one of the only consumers to develop the condition “popcorn lung” from eating microwave popcorn on a daily basis.

The lawsuit involves the Kroger Company, Dillon Companies Inc., and Inter-American Products Inc.

Doctors from National Jewish Hospital initially diagnosed Watson with the condition in 2007. “Popcorn lung” is said to be linked to the flavor ingredient, diacetyl.

In December of 2007, the nation’s four largest makers of microwave popcorn stated that they have removed a flavoring chemical that has been linked to a lung ailment in popcorn plant workers from their products.

The Weaver Popcorn Company, ConAgra Foods Inc., General Mills Inc., and the American Pop Corn Co. have all promised to change their microwave popcorn recipes by January 2008. These companies sell Orville Redenbacher, Act II, Pop Secret and Jolly Time microwave popcorn.

The FDA has approved the use of diacetyl as a flavor ingredient and can be found naturally in butter, cheese and fruits.

The Occupational Safety and Health Administration has increased their inspections of microwave popcorn plants that use diacetyl. The U.S. House of Representatives approved a bill in the fall that would limit worker exposure to the chemical at microwave popcorn plants.

There have been more than 500 lawsuits against the companies that produce or use the butter flavoring with the chemical. $50 million has been awarded in verdicts and another 100 cases have been settled for around tens of millions of dollars.

1/16/08

$3.5 million Judgment for Defective Product Case

Recently, a $3.5 million judgment was obtained for a client of Bachus & Schanker, LLC. The client suffered significant injuries while on the job and using a defective ladder from Red Top Ladder, Inc.
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1/7/08

DUI arrests in Colorado down over Holiday season

The first big weekend for office parties fell on the weekend of December 14-17th and the Colorado State Patrol reported that the number of DUI arrests decreased by 40% this year.
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1/4/08

Denver Authorities helping you to have a safe Holiday

With the Holidays only a short time away, Denver city authorities are reminding the public about the safety of drinking and driving.
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12/17/07

Driving Tips for Winter Season

The winter weather in Colorado is known to change drastically from sunny to blizzard-like conditions within a short amount of time.
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12/11/07

Number of Work-Related Deaths Increase in Colorado

A recent report by the Colorado Department of Public Health and Environment showed that the number of work-related deaths in Colorado has risen by 10 percent since 2006.

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12/7/07

2007 Colorado Hospital Report Card Released

On November 28th, Colorado Governor, Bill Ritter and the Colorado Hospital Association recently released the 2007 Colorado Hospital Report Card.
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11/30/07

Strasburg Teen Killed in Car Accident

15-year-old Tanya Dmitruk was killed in a car accident on Saturday night, November 24th. Dmitruk was driving west on County Road 10 when she lost control of the car and went airborne, dying at the scene. According to the Colorado State Patrol, Dmitruk was driving without having a learner’s permit.
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11/25/07

Beware of Downtown Shuttles

A 12 year old boy visiting from out of state ran into a mall ride shuttle between Arapahoe and Curtis Streets last night. The incident serves as a reminder for all of us to take care when walking on the 16th Street Mall as there are numerous shuttles and the chances of accident is great. His injuries are not life threatening but he was taken to a hospital.

8/8/07

Share the Road Colorado!

Governor Ritter signed a new bill which creates a new Share the Road license plate. Sales of these license plates will go toward bicycle education programs in Colorado.
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7/20/07

iPods Attract Lightning?

Beware of lightning, especially if you are wearing an iPod during a storm. Experts warn that wearing this device while there is lightning increases your chances of being struck.
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7/11/07

Words of Wisdom

Today let’s celebrate the right to a civil jury trial with these words from the late U.S. Supreme Court Justice William H. Rehnquist:

The right to trial by jury in civil cases is a right “so fundamental and sacred to the citizen, whether guaranteed by the Constitution or provided by statute, [it] should be jealously guarded…”
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5/22/07

MADD Open House

The attorneys and staff at Bachus & Schanker are committed to helping to put an end to drunk driving. We consistently support such organizations as Mothers against Drunk Driving in Colorado and elsewhere.
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5/21/07

CCA Comedy Fundraiser May 1st

Courtesy of Travis Scott Luther, President of Luther Media:
Colorado Citizens for Accountability is holding a fundraiser Tuesday, May 1st from 7-11pm at the Avenue Theatre. The evening includes 2 performances from two award winning Denver Improv Comedy Groups (including members of 2nd City), free alcoholic and non-alcoholic beverages, and free appetizers. Tickets are $25 and can be purchased from the front page of our website, in the events section in the lower right hand corner. Seating is limited to 125 seats so please make your purchase now. For more details, check out the Colorado Citizens for Accountability website.
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4/23/07

Vote No on 40

This November, Colorado voters will have the opportunity to vote on an amendment to the state Constitution that would have a serious impact on the judiciary system.
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10/10/06

Why Trial Lawyers Care - 9/11 And Beyond

I just got off the telephone with a good friend of mine, and even though we are a week past the 5 year anniversary of the 9/11 terrorist attacks, I wanted to post my thoughts about what the victims of this terrible tragedy have gone through, what they are still facing, and how trial lawyers are helping.
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9/21/06