Happy Birthday Gonzalo!

Gonzalo works with Attorney Bobby Udall in our Utah office. He has been with the firm since April 2009.

Happy Birthday Andrea!

Andrea works with our Spokane litigation attorneys and has been with the firm since December 2014.

Medical Device Causes Brain Damage

A Washington man recently filed a lawsuit claiming that he was permanently injured after receiving a medical device designed to treat aneurysms. The device, marketed as the Penumbra Coil 400, was designed to be placed inside a blood vessel in the brain in order to help repair aneurysms and prevent them from getting worse. In 2011, the Food and Drug Administration (FDA) issued a recall on this device, but it was again cleared for use in 2012. The plaintiff’s lawyer has noted that it’s not clear if the device used on the victim was from a recalled lot or if newer devices still have a problem.

Related to Previous Recall?

The Penumbra Coil 400 is a small coil of special wire meant to strengthen the blood vessel around an aneurysm in order to prevent further damage and allow the body to accelerate its own healing process. Some studies have found the device to be safe and effective, but even these note potential complications. When the 2011 recall was announced, it was not specifically for the coil itself but rather the accompanying microcatheter delivery system used to implant it. This system had a defect that allowed the coil to be released before it was fully in place. This incorrect placement could lead to serious injury, including blood clots and stroke. That’s exactly what the attorney for Dennis Montgomery claims happened to his client, even though Mr. Montgomery received the device more than a year after it was again declared safe.

The 2011 action was a Class I recall, the highest type the FDA issues. This indicates “a reasonable probability” that the device “will cause serious adverse health consequences or death.” The manufacturer had stated at the time that all affected devices had been accounted for and returned.

A Patient’s Pain

Mr. Montgomery received a Penumbra Coil 400 in 2013. His suit claims that the device could only be inserted 90 percent of the way into the aneurysm, and that because the delivery system did not work properly and the device detached prematurely, the doctor performing the operation was unable to remove and reposition it. The coil—and the stents used during the operation—had to be left in Montgomery’s brain. This led to blood clots, which in turn caused a stroke. He is now unable to work and has been in pain ever since.

Different Devices, Similar Problems

Although few serious problems have been reported with the Penumbra Coil 400 device so far, a similar product of the same class was also recalled because of the risk a manufacturing defect presented to some patients. In 2014, the Pipeline Embolization Device for aneurysm treatment and its accompanying Alligator Retrieval Device were both recalled by their manufacturer, Covidien, and the FDA. The wires used to deliver the devices were coated with a layer of Teflon that, due to a change in the manufacturing process in some lots, could separate during or after use. As with the Penumbra Coil, this had the potential to lead to blood clots, which in turn could lead to stroke. Fortunately, there were no reports of patients actually being harmed before the device was recalled.

Defective Product Attorneys in Washington

Medical devices are supposed to be proven safe before they reach the public. When this doesn’t happen, which seems to be the case in this instance, a patient can be seriously harmed or even killed. The risk might be due to a quality control issue or a manufacturing defect, but sometimes the hazard is known to those selling the device. Whether the risk is the result of an accident or negligence, any victim is entitled to seek restitution when harm results.

The law firm of Craig Swapp & Associates has experience with legal actions involving liability for defective products. If you or a loved one has been harmed by a defective product, such as a dangerous medical device, it’s important to recruit a legal team that can help in your pursuit of justice. Give us a call today at 800-404-9000 for a free consultation to go over the details of your case. You can also contact us with our online form or have many of your questions answered in minutes by opening the LiveChat application from any page of our website.

 

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Motorcycle Safety Awareness Stressed

Utah law enforcement is stepping up motorcycle safety awareness. As part of a statewide campaign, “Heads Up: We’re All Responsible,” motorcycle enthusiasts, equipment suppliers, and police recently gathered to raise the profile of motorcycles with all drivers. The effort is part of the larger Zero Fatalities campaign, which has the goal of bringing annual traffic deaths as close to zero as possible. Last year, thirty-six motorcyclists were killed in crashes on Utah roads.

The emphasis on motorcycle safety is timely, although unrelated to any particular incident. Recent Utah news coverage has included numerous stories about motorcycle crashes, many with unhappy endings.

Recent Motorcycle Accidents Lead to Injury and Death

April was a particularly bad month. Two motorcyclists died in back-to-back crashes in Midvale on the sixth and in Layton on the seventh. On the twenty-second, a retired Millard County sheriff’s deputy was killed and his wife seriously injured when he apparently lost control of his motorcycle and drove off I-15 near Kanarraville. A very serious non-fatal crash made the news on the nineteenth.

The most prominent incident also happened on the nineteenth when the owner of a well-known Salt Lake City deli was struck while riding his motorcycle by a driver who has since been charged with driving under the influence. That collision demonstrated exactly what police and motorcycle safety advocates stressed at the “Heads Up” event: both motorcyclists and other drivers have to do more to improve safety. In this case, the driver of the car made an incautious left turn into the path of the motorcycle, which had the right of way. Actions such as this are perhaps the most common event in car-motorcycle crashes. Unfortunately, the motorcycle driver was not wearing a helmet, which greatly reduced his chances of surviving a crash. Utah law does not require operators over the age of eighteen to wear helmets, but they are encouraged to do so.

Motorcyclists aren’t always the victims, however. On April 13, a six-year-old Salina boy was killed after he stepped into the road in front of a motorcycle whose driver did not see him.

Know the Risks

May is Motorcycle Safety Awareness Month, but motorcyclists need to be vigilant year round. While the rate of crash deaths for cars has dropped significantly in recent decades, it’s held steady for motorcycles, in large part because new technologies—airbags, anti-lock brakes, and so on—either can’t be added to or are less effective on motorcycles. Per vehicle mile driven, motorcyclists now experience twenty-six times the level of fatal crashes as passenger car occupants. Many people ride motorcycles to experience the freedom of the open road, but at the same time, they must stay alert to the road’s dangers and look out for their own personal safety. Other drivers often claim they did not see the motorcyclists they hit, but more than 40 percent of all fatal motorcycle crashes don’t involve another vehicle.

Salt Lake City Motorcycle Accident Attorneys

At the law firm of Craig Swapp & Associates, we understand the potential complexities of motorcycle crashes. We work hard to achieve the best outcome for our clients, whether that means a settlement or bringing a case all the way to trial. The victims of motor vehicle accidents are entitled to fair compensation for the damages and injuries caused to them by others, and that’s what we strive to achieve.

If you’ve been involved in a motorcycle accident, give us a call to see if we can help. We offer a free consultation to discuss the specifics of your case. Call us today at 1-800-404-9000 or contact us online. You can also launch the LiveChat application from any page of this website to have your questions answered in real time.

 

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Family Sues Over Wrong-Fuel Crash

The family of a pilot who died after a crash at the Hamilton Street overpass in Spokane in February of 2015 is suing the fuel company that refueled his plane at Spokane’s Felts Field airfield. According to the preliminary report from the Federal Aviation Administration (FAA) and the National Transportation Safety Board (NTSB), the plane had just been refueled using the wrong type of fuel. Based on this information, the family has filed a claim for wrongful death.

A Terrifying Final Flight

Imagine stopping to fill up the tank of your car on the way to a business meeting. You’re running on empty, so you pull into a full-service gas station, the attendant asks what fuel you want, fills the tank, charges your credit card, and off you go. Five miles later, the car starts acting funny, and then the engine gives out and you sputter to a stop. That’s exactly what the lawsuit, filed by the pilot’s widow, claims happened—only with much more serious consequences than a stalled car.

Michael Clements, en route from Alberta, Canada, to Stockton, California, landed his Piper Malibu at Felts Field to fuel up. The Piper Malibu uses high-octane aviation gasoline, also known as avgas, but the employee manning the pumps at Western Aviation that day instead topped Clements’ tanks with Jet A fuel. The plane took off with no apparent problems, but as the wrong fuel made its way to the engine, trouble quickly followed. Minutes after takeoff, the plane went down, crashing at the BNSF rail tracks just to the east of the Hamilton Street overpass and south of the Spokane River. Clements was seriously injured in the crash and died at Sacred Heart Hospital two days later.

Questions of Negligence

Almost immediately, investigators had suspicions about the fuel put into Clements’ aircraft by an employee at Western Aviation. Both crash investigators and state environmental investigators, called to the scene because of the large fuel spill, noted the smell of jet fuel, which was wrong for this type of plane. Clements’ plane should have used only avgas, but records show fifty-two gallons of Jet A fuel went into its tanks at Felts Field. There are clear warning labels on the tank to prevent using the wrong fuel, and pumps are supposed to use different nozzles which will not fit into the wrong type of tank. It has been reported that the pump used at Felts Field had a “rogue nozzle” that allowed the wrong type of fuel to be pumped. In that sense, the tragedy that struck Clements may have been an accident waiting to happen, which could have affected any pilot.

Spokane Aviation Lawyer

Traveling by air is generally a very safe proposition. National Transportation Safety Board data for 2013 shows that while nearly 33,000 Americans lost their lives in highway accidents, only 443 died in plane crashes. Of those, the vast majority—over 87 percent—happened in small planes, primarily single-engine craft carrying only a pilot or a pilot and one or two passengers. Commercial air travel with the major carriers remains very safe.

Crashes still happen, sometimes because of human error or negligence. If you or someone close to you has been in an aircraft crash, you should immediately consult with an experienced aviation attorney to determine how to proceed. At Craig Swapp & Associates, we know what is involved when we take on an aviation accident case. Give us a call to discuss your situation and find out what we can do for you. Call our toll free number 1-800-404-9000 for a free consultation, or contact us online to request a meeting. You can also have many of your questions answered immediately by opening the LiveChat application from any page of this website.

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Happy Birthday Joel!

Joel works out of our Meridian Idaho office and has been with the firm since January 2013.

Happy Birthday Teri!

Teri is a legal assistant for attorney Lee Peterson in our Spokane office. She has been with the firm since March, 2014