Health Hazards: Injured
Injured - The FindLaw Accident, Injury and Tort Law Blog

Health Hazards

Health Hazards are commonly brought under several theories of tort liability. Asbestos lawsuits are a common example of this, as are toxic mold lawsuits and even food poisoning cases. Essentially, these claims can be brought under theories of strict liability, negligence, breach of warranty or even fraud. If there is a strict liability statute, then the responsible person will be held under very strict scrutiny. Some products liability cases, involving hazardous drugs, fall under this type of scrutiny. Under a negligence theory, the responsible person would have to owe a duty to the injured and will have breached that duty. A breach of warranty duty applies in some states, where the health hazard exists because of faulty workmanship.


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Elderly Woman in Utah Is First US Zika Virus Victim to Die

An elderly woman in Utah who traveled abroad seems to be the victim of the first Zika virus-related death in the U.S. Her lab results came back positive for Zika after her death, however, and the virus is not thought to be the only cause for the woman’s demise.

Little has been disclosed about this first Zika victim in the US due to health privacy laws, reports Fox News. Officials won’t even release the names of the places where she traveled and may have contracted the virus. The death is shrouded in mystery and it raises questions about Zika liability issues. 

Other than a day off, and maybe the barbecue, the best thing about July 4th is the fireworks. While most of us are happy to see a good show, a few amateurs want to wow our friends, family, and anyone within a quarter-mile with our pyrotechnic skill. But the pros are pros for a reason -- normally because they have the experience and safety training (to say nothing of the permits and legal fireworks) to handle munitions-grade incendiary devices without blowing themselves or anyone else up.

So think twice before hosting your own Fourth of July fireworks extravaganza. And, if you need more convincing, here are four of the worst fireworks injuries, from our archives:

For people with type 2 diabetes, Onglyza is a hypoglycemic drug that can help maintain healthy insulin levels. But as with all potentially life-saving medications, there are risks associated with Onglyza use which in themselves can be life threatening. In 2014, the FDA started looking into the link between Onglyza and heart failure, and earlier this year warned that type 2 diabetes medicines like Onglyza “may increase the risk of heart failure, particularly in patients who already have heart or kidney disease.”

Here’s what you need to know about potential side effects of Onglyza, and where to find help if you’ve been injured by your type 2 diabetes medication.

We've written a lot about many dangerous drugs, most of which you can get with a prescription. But the world's deadliest drug might be a home-cooked synthetic drug using over-the-counter pills as its base. Called "krokodil" in Russia, the drug is a DIY version of desomorphine -- a powerful, fast-acting opioid -- users can make at home using codeine, iodine, and red phosphorous.

And if that doesn't sound appealing, wait until we get to the side effects: gangrene, meningitis, and skin damage with tissue sometimes falling off the bone. And yes, death. Here's what you need to know about krokodil:

Olympus, the maker of a medical scope linked with fatal superbug outbreaks, has announced it will recall and attempt to redesign the faulty scope. The company’s duodenoscope incorporated a design flaw making it virtually impossible to properly disinfect between uses, exposing hundreds of patients to the carbapenem-resistant Enterobacteriaceae, or CRE.

Here’s a look at the type of scopes involved, the risk of infection, and what to do if you’ve been injured by an Olympus scope.

The kids are out of school for the summer, and now it’s time to ship them off to a nearby lake so someone else can keep track of them for a few weeks. We kid. You probably love to spend time with the little ones, but recognize the value in getting them out into nature and teaching them to canoe, shoot arrows, and sing campfire songs.

And you also want to make sure they’re safe. Summer camps can be valuable learning experience, and carry their own set of dangers at the same time. Here are some of the most pressing questions, and answers, when it comes to summer camp injuries.

Nothing spoils a nice meal like a bout of food poisoning. And if the contamination is serious enough, the resulting sickness can lead to permanent injury or even death.

So who is liable for food poisoning, and how sick do you have to be before you can sue? Here’s what you need to know about food poisoning lawsuits:

Women who are pregnant or trying to get pregnant are warned by The Food and Drug Administration that the oral prescription drug Diflucan (also known as fluconazole), which is used to treat yeast infections, has been linked to increased risk of miscarriages. The warning is based on findings from a Danish study.

But the agency is evaluating the study for now and says the increased risk is only a possibility. It has not reached conclusions.

New Fast Food Harm Found: Can You Sue?

You probably already know by now that fast food is not healthy and that you shouldn’t live off the stuff because even if it doesn’t kill you, it will increase your chances of obesity. But now researchers have discovered another disconcerting angle on this type of food, which is that the preparation process itself seems to have harmful effects on consumers.

So, can you sue McDonald’s? Well, probably not but we’ll get to that momentarily. First, the findings.

If you suffer from a high risk of blood clotting due to surgery or an accident, an inferior vena cava filter or IVC filter can save your life. But in most cases, IVC filters are only supposed to be temporary fixes: the Food and Drug Administration has repeatedly warned of the risks associated with IVC filters and documented hundreds of adverse health events due to leaving IVC filters in long after they are needed.

Some of these injuries have led to lawsuits, so here's what you need to know about IVC filters and your legal options: