Author: Gary Logsdon Law

Aldi Recalls Dangerous Toys; Blames Manufacturer

The popular supermarket chain said it would no longer sell certain dangerous products that had been linked to possible choking deaths.

In a statement, Aldi immediately blamed the manufacturer for issues with its popular Flashing Bath Toys. According to the retailer, a part could break off when the toy is exposed to water. So, Aldi urged everyone who purchased the dangerous product to immediately return it for a full refund. Additionally, the retailer promised it would “address the specific manufacturing processes and checks, and introduc[e] additional checks for this product type that will prevent this from happening in the future.”

Ky. Lawmakers Ponder Lawsuit Limits

State Senator Ralph Alvarado, R-Winchester, wants medical negligence victims to bring their claims before an industry-dominated review board before they can bring them to court.

His Senate Bill 4 is very much like previous measures which have enjoyed broad support in the GOP-controlled Senate but failed to win over House Democrats. Now, with Republican majorities in both houses, the medical negligence lawsuit limits may become a reality, especially since a Senate panel quickly and overwhelmingly approved Senate Bill 4. Sen. Alvarado, who is also a doctor, spoke up for the proposal during committee hearings, claiming that the number of lawsuits is driving up medical care costs. Doctors “order tests they never would have before just to cover themselves, and the cost of medical care is going up as a result,” he added. If the bill passes, a panel of three medical providers and one non-voting medical negligence lawyer must determine that a claim is meritorious before the victim can obtain damages in court.

A number of Democrats, including Lexington Sen. Reginald Thomas, vehemently oppose Senate Bill 4. “[E]very citizen in this commonwealth should have access to the courthouse door,” he insisted.

Alcohol-Fueled Car Crash Kills Two

The New Year is off to a deadly start in the Bluegrass State, as the first fatal vehicle collision of 2017 occurred in the early morning hours of New Year’s Day.

Authorities state that an alcohol-impaired woman, whose name was not released, lost control of her SUV near the intersection of U.S.Highway 421 and State Highway 3447 (Morrill-Kerby Knob Road) just south of the Madison County line. Her out-of-control vehicle crossed the centerline and smashed head-on into a passenger car, instantly killing both 58-year-old Lloyd Sparks and 51-year-old Randall Sparks. The female SUV driver, along with her 10-year-old nephew, were both seriously injured and rushed to nearby hospitals.

Investigators spent several hours looking for clues before re-opening the roads.

SSI Fraud Allegations Devastate Eastern Ky.

Three people in the area have already committed suicide, now that the federal government has suspended Social Security Disability payments to more than 900 recipients on suspicion of fraud.

In 2012, lawmakers began investigating flamboyant Floyd County lawyer Eric Conn, the self-proclaimed “Mr. Social Security.” Some area residents may remember “Conn’s hotties,” who attended local events with Mr. Conn’s phone number emblazoned on their bikini tops. According to subsequently-filed court documents, Mr. Conn conspired with an administrative law judge and a doctor in more than $600 million in fraudulent claims. Over the years, Mr. Conn collected over $20 million in fees. In 2015, the Social Security Administration unilaterally suspended benefits in all cases that it considered fraudulent; under pressure from lawmakers, the SSA eventually relented and gave these individuals the opportunity to re-claim their benefits. But these re-evaluation hearings are not easy to win, because the government will not release medical records due to privacy laws and Mr. Conn supposedly shredded over 26,000 pounds of social security disability documents prior to his indictment.

Government Issues New IVC Filter Warnings

Health Canada recently told doctors to remove IVC filters from their patients to avoid serious, long-term complications.

After receiving over 100 verified reports, the government medical watchdog officially linked the Inferior Vena Cava filter to organ perforation, fragmentation, and other possibly fatal conditions. Additionally, of the two Randomized Controlled  Trials connected with IVC filters, neither of them indicated that these devices were particularly effective, according to the agency. Therefore, Health Canada strongly urged physicians to limit the use of IVC filters to extreme cases only and remove them after a few days. The agency stopped short of issuing a recall, but has demanded additional information about safety and efficiency from at least six manufacturers.

Rollover Crash On Christmas Eve Causes Serious Injury

Two people were seriously injured, including a 4-year-old child, in a violent rear-end crash on U.S. Highway 45.

The wreck occurred in McCracken County.  According to witnesses and the McCracken County Sheriff’s Department, 24-year-old Keonia Purefide, of Paducah, was northbound in the right lane with her 4-year-old daughter, whose name was not released. Ms. Purefide was travelling slowly in the right lane as she escorted a disabled motorist on the shoulder. As the two vehicles inched forward, 48-year-old Charles Anderson of Paducah, who was also northbound int he right lane, either did not see Ms. Purefide or was not aware that she was travelling so slowly, and he rear-ended her vehicle; the force of the impact pushed Ms. Purefide’s vehicle off the road, and it tumbled down a shallow embankment.

Pickup Truck Collides With Backhoe; Kills One

Three other people were also seriously injured in the vehicle wreck that occurred on the eastbound Cumberland Parkway near Fishing Creek Bridge.

According to the Pulaski County Sheriff’s Office, 55-year old David Perry, of Collierville, Tenn., was driving a 2011 Ford pickup when he collided with a Kentucky Highway Department backhoe. Mr. Perry was rushed to a nearby hospital, along with 22-year-old Shannon Acosta and 24-year-old Brandon Perry, both of Anchorage, Ala.; Brandon Perry was subsequently pronounced dead at the hospital.

State Rewards Aggressive Police Officers

As the ongoing “Drive Sober Or Get Pulled Over” anti-DUI campaign kicks it up a notch for the Christmas-New Year’s Day holiday, officials recognized twelve individuals at the 2016 Governor’s Impaired Driving Enforcement Awards.

Kentucky State Police Commissioner Richard Sanders said the twelve received awards because of their aggressive enforcement of the state’s DUI laws, because “Impaired driving is one of the deadliest crimes in this nation and it impacts thousands of innocent lives every day.” Beginning Dec. 15 and continuing for two weeks, state and local law enforcement officers will participate in the nationwide, government-funded “DSOGPO” effort. This campaign normally includes both saturation patrols and what the government calls “high-visibility enforcement,” which is a euphemism for roadside checkpoints. Advocates claim that this aggressive tactic is one of the best ways to reduce DUI incidents.

FDA Warns Of Testosterone Supplement Dangers

The Food and Drug Administration recently ordered testosterone supplement manufacturers to add warnings about the risk of drug dependence and possible side effects.

Doctors may prescribe steroids to certain patients who suffer from certain medical conditions. However, many doctors also give these drugs to men over 40 who have symptoms of “male menopause,” even though there is comparatively little evidence that such a condition indeed exists. The federal government, and most state governments, classify anabolic steroids as Schedule III dangerous drugs because they are very addictive, especially if taken beyond what the doctor orders. Additionally, recent evidence has established additional links between testosterone supplements and serious side effects, including heart failure, personality changes, and liver disease.

A little over 6,000 cases have been consolidated in the Northern District of Illinois, and the first bellwether trial is set to begin in June 2017.

New ALJs May Reduce Workers’ Comp Logjam

Workers comp claims

A Franklin County Circuit judge, who Governor Matt Bevin derided as a “political hack,” cleared the way for six new administrative law judges to being hearing workers’ compensation cases in Kentucky.

Since he took office in December 2015, the GOP governor and Judge Phillip Shepherd have repeatedly butted heads over state government restructuring.  In June 2016, Gov. Bevin dissolved the seven-member Workers’ Compensation Nominating Commission and replaced it with a five-member commission. In apparent protest, Judge Shepherd did not allow the newly-appointed ALJs to join the other eleven, and the resulting backlog quickly grew to about 400 cases. Making matters worse, four Commission members resigned and Gov. Bevin refused to appoint replacements until the disputed ALJs took office. The governor’s office welcomed Judge Shepherd’s ruling in a statement, but the Kentucky AFL-CIO is still reviewing the decision.