Personal Injury

Published on: March 3, 2022

Possible Side Affects of Paraquat

Vegetables spraying with pesticides in a garden

Paraquat is a popular herbicide used among agricultural workers and farmers because of its highly destructive nature towards unwanted grasses and weeds. This herbicide is so good at its job that it is one of the most widely used herbicides in the United States. However, It is highly poisonous to humans and wildlife, making it dangerous to use, necessitating numerous safety regulations. Paraquat is classified by the EPA as “restricted use” and can only be applied and purchased by a certified individual with a license. In addition, there are special agents added that cause vomiting if ingested, a blue dye, and a sharp odor added to Paraquat in the United States to differentiate it from beverages one might drink.

While using Paraquat is beneficial to the farmers because it reduces the need for labor and saves money, there are risks with using this product that can be fatal. For example, studies have shown an increased risk of developing Parkinson’s disease after using Paraquat. According to the mayo clinic, “Parkinson’s disease is a progressive nervous system disorder that affects movement.” This disease can have a range in symptoms. For example, you may have trouble with mobility, such as trouble with walking, your muscles may stiffen up, you may shake and have trouble with balance and coordination. Another example of possible symptoms is dementia, loss of smell, problems with speech, and difficulty writing.

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Published on: February 10, 2022

Paraquat Poisoning

By Carabin Shaw

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Paraquat, a toxic chemical herbicide used to exterminate unruly weeds and grass, has been highly popularized in its use and was first produced for commercial use in 1962. There are many brands of paraquat products, and some of these include, Gramoxone, Goldquat, Almoxone, and many more. Paraquat is extremely popular and is one of the most commonly used herbicides around the globe. However, due to its extremely high toxicity, many precautions have been taken to purchase and use this herbicide in the United States.

The United States Environmental Protection Agency (EPA) decided to put mitigation measures on the use of Paraquat to protect human health and the environment. Here’s a quote from the United States EPA website “In July 2021, after receiving and considering public comments on the Paraquat proposed interim decision, EPA released the interim decision for registration review. As part of this action, EPA requires mitigation measures to reduce risks associated with Paraquat in order to protect human health and the environment.”

Paraquat is so toxic that it can lead to death if accidentally ingested, and there is no antidote for it. Because it’s so toxic, in the U.S., precautions are taken, such as adding a dye to the substance and a sharp odor to deter an individual from accidentally ingesting it. Not only that, but only those with a commercial license can even purchase the product, let alone use it. In addition, An individual can not use this product even if they are under the supervision of a certified applicator.

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Published on: February 10, 2022

Necrotizing Enterocolitis (NEC) and Baby Formula

By Carabin Shaw

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Necrotizing enterocolitis (NEC) is a horrible disease that can affect premature infants. The condition is gastrointestinal and causes inflammation and infections in the intestines that can lead to the intestinal cells dying. If the inflammation gets severe, it can create holes in the intestine, potentially leading to intestinal bacteria getting into the affected infant’s abdominal area or blood. If this happens, getting a severe illness or a deadly blood infection is, unfortunately, a possible outcome.

When a baby is born underweight or prematurely, they often need extra protein to strengthen their tiny bodies while they grow. The little one’s growth can be very challenging all on its own, which is why if the baby doesn’t breastfeed, the doctor or nurse may recommend using baby formula products. While this may seem like an entirely sound choice to make, unfortunately, this is not always the case. Studies have recently shown a link between premature infants developing NEC and baby formula.

Trusting companies who develop baby formulas can be so easy. After all, the reason they are developed is to help your infant get the proper nourishment they need for their healthy growth. But unfortunately, some companies fail to warn parents of the risks their product could have on their infants. Popular baby formula brands like Similac and Enfamil did not properly warn parents that using their products could increase their infants’ risk of getting NEC. When manufacturers fail to warn consumers about their products’ potential dangers, it becomes a serious issue.

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Published on: February 4, 2022

How to Know if you have a Personal Injury Claim

By Carabin Shaw

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How do you know if you have a personal injury claim? You can suffer personal injuries when injured physically, psychologically, or emotionally usually due to negligence, carelessness, or wrongful conduct of another individual. It’s typically the case that when an individual files a personal injury claim, they or someone they love sustained injuries due to another’s negligent actions.

Because personal injury law covers a vast amount of different situations, it’s extremely important for you to consult with an experienced lawyer if you believe you have a personal injury claim. For instance, you are potentially at risk of suffering personal injuries in situations such as automobile accidents, trucking accidents, dog bites, motorcycle accidents, and many others.

Given this information, you need to seek professional legal advice from an experienced lawyer to know if you have a personal injury claim. A personal injury attorney will aim to determine who is responsible for the injury or death. They then evaluate the legal issues applicable in a particular situation and determine which course of action is best for their clients. If required, they will file a personal injury lawsuit on behalf of those injured. They take these steps in order to protect the injured party’s rights and ensure proper compensation is received.

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Published on: February 4, 2022

Paraquat and Parkinson’s Disease

By Carabin Shaw

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What is Paraquat? Paraquat, also known as Gramoxone, is an herbicide primarily used for weed and grass management. However, According to the CDC (Centers for Disease Control and Prevention), It is a toxic chemical. The CDC also states that the highly poisonous herbicide marketed to the United States has safeguards such as a blue dye, a sharp odor, and an added agent that induces vomiting if ingested. These safeguards are in place to warn potential users of its toxicity. Because this herbicide is so toxic and can lead to fatal poisoning, only licensed professionals can use it.

Why is Paraquat Used? The herbicide kills weeds and unwanted grasses because of its incredible effectiveness, which is why, in the United States, commercial farmers and agricultural workers have used this product to control their land’s unruly weeds and grass since 1964. Before harvest, it also is used as a defoliant on crops, such as cotton. There are many uses for this herbicide, but unfortunately, the consequences can be fatal.

How can you get poisoned by Paraquat? Acute poisoning can occur because of accidental ingestion, inhalation, or skin exposure by an individual. It can cause damage to the lungs, intestines, stomach, and mouth when ingested in small amounts, while in large quantities, it can damage multiple organs and lead to death within hours. The most common way of getting poisoning from this herbicide is by accidentally ingesting it. Unfortunately, there is no antidote after getting poisoned by this toxic chemical.

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Published on: January 5, 2022

Similac and Enfamil Face Lawsuits over Defective Baby Formula

By Carabin Shaw

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In premature infants, both Enfamil, a baby formula manufactured by Mead Johnson, and Similac, a baby formula manufactured by Abbott Laboratories, can cause necrotizing enterocolitis (NEC). This gastrointestinal condition, necrotizing enterocolitis (NEC), is severe and causes intestinal tissue death. It may even be fatal in as many as 50% of cases. In addition, the intestinal inflammation caused by this horrible condition may cause holes in the intestine. It is even possible for bacteria from the intestinal tract to leak into the abdomen or blood, causing severe illnesses or deadly blood infections. The condition can also cause severe health issues like sepsis, intestinal strictures, developmental problems, and cerebral palsy.

A study in Lancet, 1990, found that this horrendous condition NEC was up to 10 times more likely in premature infants given formula. In recent years, several studies have linked cow’s milk-based formula to an increased risk of NEC in premature infants, based on cases filed against baby formula products.

Similac and Enfamil manufacturers are facing lawsuits from parents because they were aware or should have been aware that their baby formula products could cause necrotizing enterocolitis (NEC) in premature infants. In addition, these companies did not warn parents or medical providers about the risk. According to the parents who sued, Enfamil and Similac failed to indicate that NEC is a possible side effect of their baby formulas or provide proper instructions or guidelines on using the product. As an added concern, these companies marketed their baby formula products as safe and beneficial for premature infants despite potential risks.

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Published on: January 4, 2022

What is Necrotizing Enterocolitis?

By Carabin Shaw

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You might be wondering what Necrotizing enterocolitis or NEC is. It is a common and severe intestinal condition among premature infants. It occurs when tissue in the large or small intestine is injured or inflamed. When the tissue gets damaged or inflamed, it may lead to the death of intestinal tissue and, sometimes, a hole (perforation) in the intestinal wall.

When an infant has NEC, the intestine can no longer hold waste. This may cause bacteria to find their way into the bloodstream and cause a deadly infection. In addition, waste could potentially enter into the infant’s abdomen and cause the infant to get critically ill. Because of all the damage sustained to the intestines, sections may die and need to get removed.

Symptoms of this potentially deadly disease include but are not limited to an unstable and low body temperature, apnea (pauses in breathing), being lethargic or less active, constipation, trouble feeding, and diarrhea.

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Published on: January 2, 2022

Toxic Baby Formula Causes Birth Defects in Premature Infants and Newborns

By Carabin Shaw

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Bringing new life into the world is one of the most joyous occasions an individual can experience. When someone becomes a parent, the world changes instantly and all prior priorities fade. That means that when something tragic happens to a baby, the pain is beyond description.

In recent years, several baby formulas have been linked to birth defects, especially in premature babies. One of the most commonly developed conditions is a serious gastrointestinal illness known as Necrotizing Enterocolitis [NEC]. According to the U.S. National Library of Medicine, 40% of babies with NEC die from it.

If your child is suffering from NEC, you may be eligible for a baby formula lawsuit. It is vital to contact the Carabin Shaw NEC attorneys as soon as possible.

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Published on: August 25, 2021

Houston Astros Settle Case Following Foul-Ball Injury

By Carabin Shaw

In many situations, those who suffer injuries at a public location because of another’s negligence may claim recovery under Texas’ premises liability laws. However, like most tort laws, premises liability is rife with exceptions and immunity clauses. The exceptions largely hinge on the classification of the property or business owner and the injury victim. As such, these cases tend to be complex and require an extensive understanding of Texas negligence laws.

Premises liability cases stemming from sporting events, such as baseball games, prove challenging for many accident victims. While many spectators bring a baseball glove in the hopes of catching a foul ball, many do not realize the dangers of a foul ball. However, the Major League Ball (MLB) assumes that spectators understand the potential risk of being struck by a foul ball.

In many situations, spectators can catch a foul ball or avoid serious injuries; however, the force of a foul ball slamming into an unsuspecting fan’s head can have a devastating impact. Spectators can suffer traumatic brain injuries, bruising, broken facial bones, skull fractures, and similar injuries. A foul ball could even kill a spectator. For example, the parents of a young child who was hit by a foul ball at a Houston Astros game finally settled with the team.

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Published on: August 23, 2021

Texas Negligence Lawsuit Against Outdoor Expedition Company

By Carabin Shaw

Recently, an appellate court issued an opinion in an accident lawsuit involving a Texas resident. The victim’s joined his church group on an out-of-state wilderness expedition trip. The church hired a company to arrange the group’s activities. The company required the participants to complete a “registration form” and “medical form.” On the first day of the trip, the victim participated in a rappelling course. However, during the course, he became inverted, fell, and died. The victim’s wife filed a lawsuit against the rappelling company.

In response to the lawsuit, the company moved for summary judgment arguing, amongst several issues, that Texas law did not apply to the case. Cases involving Texas residents suffering injuries in another state can pose many challenges to plaintiffs. The law provides that in diversity actions, the court should apply the conflict-of-laws rules of the forum state. This also applies in contract language dispute matters.

In this case, Texas laws require liability releases to be “adequately conspicuous,” which is a stricter standard than Colorado law. As such, the plaintiff contended that because her husband signed the release in Texas, Texas law should apply. However, the magistrate judge concluded that Colorado law controlled the matter. On appeal, the appellate court explained that Colorado law applies because diversity actions require courts to apply the conflict-of-laws rules of the forum state.

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