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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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:

In an unexpected, if not unprecedented, criminal trial, the former CEO of Massey Energy Company Don Blankenship was sentenced to a year in prison on conspiracy charges for violating federal mine safety laws.

As Senator Joe Manchin III, who was the governor of West Virginia when an explosion in a Massey Energy-owned Upper Big Branch mine killed 29 miners in 2010, told The New York Times, “I never heard of anyone thinking that that could happen or would happen, because it had never happened before.”

Americans love sports. Athletics — both playing and watching — is part of our national DNA. And like anything we do so often, we run the risk of getting hurt as an athlete or as a spectator.

But figuring out who’s at fault for sports injuries can be difficult. Here are some big questions surrounding sports injuries and sports injury lawsuits:

We all want our children to be happy and healthy, but sadly some children are born with birth defects or birth injuries. And while some may be genetic or random chance, some birth defects can be caused by medication, the environment, or even a virus. Some birth injuries can be caused my the negligence of doctors, nurses, or other medical personnel.

If a child’s birth defect or injury is the fault of another person or product, parents may consider suing the person or company responsible. Here are some legal tips for birth defects lawsuits: