May 2014 Personal Injury News

The Law Office of David S. Roth is pleased to present the following highlights from recent lawsuits, recalls, and events:

National Lawsuits

A 28-year-old man from Ellicott City, MD died last year on April 21st, 2013 after participating in a Tough Mudder obstacle race in nearby Gerrardstown, West Virginia. His mother recently filed a wrongful death lawsuit against Tough Mudder’s organizers, alleging that there were not enough safety personnel and that her son died due to a failure to monitor racers for their safety. The victim had completed two miles of the race and three obstacles before reaching a fourth obstacle – the “walk the plank”, where race participants jump from a platform into a pool of muddy water. According to the lawsuit, another racer accidentally jumped on top of the victim, and the he did not resurface. The lawsuit alleges that it took too long for a rescue diver to find the man, and too long to call an ambulance. Tough Mudder is a 10- to 12-mile race and obstacle course, with events hosted across the country and thousands of participants.

Hundreds of businesses and individuals have been participating in crowd-funding platforms to acquire capital to fund their ideas and business plans, and the first crowd-funding lawsuit has been filed. Edward J. Polchlepek III is being sued by the office of Washington D.C.’s Attorney General Bob Ferguson due to an alleged failure to deliver items to individuals who funded Polchlepek’s Kickstarter campaign. He raised more than $25,000 to produce a deck of cards with a retro-horror theme. The attorney general is attempting to send a clear message of non-toleration for crowdfunding theft.

Local Personal Injury Concerns

After the tragic mudslide in Oso last month, concerns have been raised that Snohomish County and other local governments knew about the risks of slide and did not appropriately warn the residents of the community. Reports from geologists and ecologists had been submitted as early as the 1950s stating that the hillside was unstable. After a landslide in 2006, there was at least one public meeting about the dangers of flooding and also a proposed buyout because of the risk of deadly landslide, but flooding concerns took precedent in that meeting. Community members and survivors want to know more about why the county did not inform them of the risks.

Product Recall

Patients who are taking the blood thinner Coumadin (the oral anticoagulant drug warfarin), or receiving heparin injections need to make sure they are not using the INRatio®2 PT/INR Professional Test Strips (PN 99008G2). Alere, the brand behind the PT/INR test strips, has issued an urgent voluntary recall for those strips. The recall is due to reports that patients are receiving significantly disparate readings when they use the strips.  Readings with the strips that show a therapeutic or near-therapeutic reading have received much higher INR readings when laboratory-tested. In short, patients using the recalled strips could be susceptible to spontaneous bleeding and other adverse effects, including deaths associated with bleeding. If you or a loved one is using the recalled strips, please call (844) 292-5373 or visit http://www.inr-care.

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