312.630.4000   |   contact@nolan-law.com

Author Archive

Peruvian Government Insubstantial Report Not Surprising, Peruvian Government Issues Final Report for TANS Peru Crash August 23, 2005

Chicago The government of Peru has issued their final report of the TANS airlines Boeing 737-244 accident official investigation from August 23 2005. (Click link for full report) The vague report concludes pilot error and adverse weather conditions contributed to the crash which killed 45 people and injured the other 55 passengers. The report notes the Flight Data Recorder (FDR) had nothing usable to determine the cause of the crash and is still being held as what many see as the to determining what really happened.

On August 23, 2005, a TANS (Transportes Aeros Nacionales de la Selva) Boeing 737-200 with 100 people on board (92 passengers, 8 crew) was flying from Lima to Pucallpa, Peru, a popular tourist destination 840 kilometers (520 miles) northeast of the capital, when it crashed on approach to landing during turbulent weather conditions.

On April 4, 2006 Nolan Law Group served the Peruvian Government with 29 petitions, signed by survivors or families of the victims. These petitions requested the government of Peru, through its Aircraft Accident Investigation Commission (Comision de Investigacion de Accidentes Aereos), exercise its discretion under Annex 13 to the Convention on International Civil Aviation to release the cockpit voice recorder (CVR) and the flight data recorder tapes. The Peruvian Government has refused to honor the request.

On May 31, 2006 Nolan Law Group filed lawsuits on behalf of six members of the Vivas family from New York, one Peruvian survivor and the father of a six month old baby who was killed in the crash. The plaintiffs complaints include two counts each against Boeing and United Technologies Company (operating as Pratt Whitney) alleging negligence and product liability and one count against TANS Peru alleging negligence.

“This unreleased evidence is vital in determining the actual cause of the crash and who may be” said Donald J. Nolan of Nolan Law Group regarding the withheld CVR and FDR. “Given the myriad of unanswered questions in the report, this is precisely a case that requires full disclosure” offers Nolan.

The final report indicates that the accident airplane was equipped with a ground proximity warning system (GPWS) and that a wind shear detection device was added to the airplane three months prior to the accident. With both of these systems in place, the pilots should have received warnings prior to the plane crashing. For example, the audible warnings of “wind shear, wind shear” and “terrain, terrain” would have alerted pilots under proper conditions. However, the final report states that investigators were not able to verify the functionality of this equipment, leading to speculation that perhaps the GPWS was not working properly.

Under international treaty, the investigation if the TANS Peru crash was lead by the government of Peru. The Peruvian investigators faced numerous constraints such as lack of funding and resources. These types of constraints limit the ability of investigators to perform proper testing and analysis and preclude their access to resources and independent experts.

Acknowledging the inevitable constraints of a governmental investigation, Nolan notes that his firm “stands ready to have all of the factual information and data analyzed and tested by the best available experts in order to provide the victims and their families with full and complete answers.”

To date, however, the government of Peru, which through (FONAFE) indirectly owns the stock of TANS Peru, has refused to provide the victims and their families with any of the factual information and data related to the crash. “We simply want access to factual information; you have to wonder why they won’t give us that.”

About Nolan Law Group

Nolan Law Group helps individuals and families, in Chicago and around the world, after a tragic loss or serious personal injury. The law firm focuses its practice primarily on mass tort aviation and closed brain injury litigation.

Nolan Law Group is one of small number of law firms with a niche in the highly complex and ever-changing area of aviation litigation and is active all over the world. With regard to traumatic brain injury litigation, Nolan Law Group has pioneered the use of sophisticated technology to demonstrate the extent of brain damage that can occur as a result of accidents.

The firm has earned recognition by the legal industry leading authority, Martindale-Hubbell, for impeccable professional ethics and for legal abilities of the highest caliber.

Unsaved – The Deadly Medical Helicopter Accident Record

On the flight to or from the hospital, one should not run the greater risk of maiming or death. Yet that is precisely the mortal dilemma, based on two fatal accidents involving emergency medical service (EMS) helicopters in June.

2 Medical Choppers Collide Near Arizona Hospital, Leaving 6 Dead and 1 Critically Injured

FLAGSTAFF, Arizona (AP) _ A helicopter ferrying a patient with a medical emergency from the Grand Canyon collided into another chopper carrying a patient near a northern Arizona hospital, leaving six people dead and critically injuring a nurse. Continue Reading

Your Rights under FELA

Railroad workers who are injured on the job are covered by the special rules of the Federal Employers Liability Act (FELA), which are explained in this handy booklet.

Injured on the Job

A general guide to the rights of Illinois employees who have suffered work-related injuries and/or occupa­tional diseases in an easy reading, question-and-answer format.

Air Philippines

On April 19, 2000, Air Philippines Flight 541 slammed into a coconut plantation on Mt. Kalangan, Sitio Camanlangan in Barangay San Isidro, caught fire and disintegrated. [Read More…]

Survivors of 2005 TANS Peru Crash File Multiple Lawsuits Against Boeing Company

Formal Complaints filed Against Boeing, TANS Peru and United Technologies Company (DBA Pratt and Whitney)

CHICAGO Victims of TANS Peru Flight 204 have filed suit from the gruesome plane crash which killed 45 people and injured 55 passengers and flight crew in August 2005. Nolan Law Group today filed the first formal complaints in the Circuit Court of Cook County Illinois alleging negligence and product liability against Boeing, TANS Peru and United Technologies Corporation (DBA Pratt and Whitney.) The complaints were filed on behalf of six members of the Vivas family from New York, one Peruvian survivor and the father of a six month old baby who was killed in the crash.

On August 23, 2005, a TANS (Transportes Aeros Nacionales de la Selva) Boeing 737-200 with 100 people on board (92 passengers, 8 crew) was flying from Lima to Pucallpa, Peru, a popular tourist destination 840 kilometers (520 miles) northeast of the capital, when it crashed on approach to landing during turbulent weather conditions.

Attorney Donald J. Nolan stated “Not only has the memory of this devastating crash scarred the lives of the Vivas family and other families; their future is filled with enormous pain and suffering. Their life long torment will include significant expenses for necessary medical care and psychological treatment, Nolan explained

The lawsuits filed today include two counts each against Boeing and United Technologies Company (operating as Pratt Whitney) alleging negligence and product liability and one count of negligence against TANS Peru charging negligence.

“This is a situation where the combination of the aircraft and engine design, the weather and the poor pilot training proved to be lethal.” Nolan said.

On April 4, 2005 Nolan Law Group petitioned the Peruvian Government to release the cockpit voice recorder and flight data recorder from the crash. Peru would not comply. Peru rejected the firms request to have a transparent investigation on behalf of their clients and other survivors/ victims families.

The lawsuit claims the engines were not only poorly designed but defective in nature. The Pratt and Whitney engines failed to properly deflect precipitation, causing the aircraft to be inoperable in a tropical environment which commonly contains high liquid water content. In addition, the re-light system in the engines failed to energize igniters in the event of a flameout. Thirdly, the engines had not been properly maintained with proper safety instructions and warnings in place.

About Nolan Law Group

Nolan Law Group helps individuals and families, in Chicago and around the world, after a tragic loss or serious personal injury. The law firm focuses its practice primarily on mass tort aviation and closed brain injury litigation.

Nolan Law Group is one of small number of law firms with a niche in the highly complex and ever-changing area of aviation litigation and is active all over the world. With regard to traumatic brain injury litigation, Nolan Law Group has pioneered the use of sophisticated technology to demonstrate the extent of brain damage that can occur as a result of accidents.

The firm has earned recognition by the legal industry-leading authority, Martindale-Hubbell, for impeccable professional ethics and for legal abilities of the highest caliber.

Iowa Resident Dies After Using Contaminated Blood Thinner – Illinois Pharmaceutical Manufacturer Named In Lawsuit

CHICAGO, Illinois (May 14, 2008) – Last month a lawsuit was filed against Deerfield, Illinois-based Baxter International Inc. on behalf of Davenport, Iowa resident, Mark Scott who suffered the tragic loss of his wife, Melissa Scott, on November 30, 2007. The complaint was filed On April 1, 2008 in the Circuit Court of Cook County by Nolan Law Group and alleges that Melissa Scott’s untimely death was caused by her exposure to Heparin Sodium Injection Therapy. The complaint cites two counts of product liability and negligence on the part of Baxter International.

The lawsuit filed by Nolan Law Group and Mark Scott asserts that Baxter International was responsible for the manufacture, sale and distribution of a product containing toxic chemicals. It also claims that the product was manufactured with insufficient amounts of the active ingredient API and that Baxter International failed to provide adequate warnings or instructions to assist users in identifying adverse reactions.

Baxter’s Heparin has been implicated in more than 400 life-threatening incidents and may be responsible for as many as 81 deaths. In February 2008, Baxter initiated a voluntary recall of nine lots of Heparin Sodium Injection Multi-Dose Vials. According to Baxter International, they recalled the lots due to a spike in adverse reports associated with the use of Baxter Heparin Sodium Injections. After receiving additional reports of similar adverse reactions from other lots of their Heparin Sodium Injection Products, Baxter recalled their remaining multi-dose and single-dose vials, as well as HEP-LOCK Heparin Flush Products.

It was around this same time that the Food & Drug Administration (FDA) issued its initial Public Health Advisory warning doctors and other health practitioners not to use Baxter Heparin products. The report stated that serious injuries and deaths have been associated with the use of Heparin. The adverse effects have included allergic or hypersensitivity-type reactions with symptoms, such as low blood pressure, shortness of breath, nausea, vomiting, diarrhea, and abdominal pain and death.

Since the original complaint was filed, the Food and Drug Administration (FDA) has conducted a formal investigation in which they identified an unknown contaminant found in the Baxter Heparin. In early April of 2008, researchers confirmed the FDA’S suspicion that the contaminant found in the Heparin is Oversulfated Chondroitin Sulfate (OSCS), a derivative of a popular supplement used to relieve arthritis, and a chemical that does not occur naturally during Heparin production. Additionally, the FDA investigation revealed more information about inadequate testing and supply-chain issues associated with the Baxter Heparin.

Raw Heparin is often processed by small, unregistered “mom-and-pop” workshops in China. However, the key to establishing causation in the Scott case, despite all of the issues with unsanitary conditions, etc., will be Baxter’s failure to perform a chemical test on the Heparin which would have been sensitive enough to identify the difference between Heparin and OSCS. The abhorrent conditions in China from where Heparin was being imported (and the fact that the FDA was not doing significant inspections) required the need for more sensitive testing.

According to the FDA’s inspection, the Changzhou SPL Facility was unable to provide FDA with any assurance “that processing steps used to manufacture heparin sodium, USP are capable of effectively removing impurities.” FDA also found that the facility failed “to have adequate systems for evaluating the suppliers of crude heparin materials, or the crude materials themselves, to ensure that these materials are acceptable for use.” Moreover, the methods employed to test Heparin Sodium United States Pharmacopoeia (USP) had not been verified to ensure suitability under actual conditions of use, and the equipment used to manufacture the product was “unsuitable” for its intended use.

China’s Ministry of Commerce is now requiring local Heparin makers to increase testing of raw materials, improve post-sale tracking and ensure that their raw material comes from registered suppliers. This requirement follows U.S. Congressional inquiries into the FDA’s overseas inspection process.

The House Oversight and Investigations Subcommittee held a hearing on April 15th of this year regarding the distribution of contaminated Heparin. A follow-up hearing took place on April 22nd at which time the committee asked FDA Commissioner Andrew von Eschenbach how the agency will address concerns regarding its efforts to inspect foreign drug facilities.

Mr. Scott has been appointed special administrator of his wife’s estate and, as such, is seeking personal and pecuniary damages from Baxter International Inc. for the loss of his wife in a sum in excess of the minimal jurisdictional limits of the Cook County Circuit Court.

Nolan Law Group is a Chicago-based personal injury law firm concentrating in aviation accidents, construction accidents, brain injury litigation, medical malpractice, premises liability, product liability, and trucking accidents.

Illinois Pharmaceutical Manufacturer Sued For Injuries To Kentucky Resident – Injuries Believed To Be Caused By Contaminated Blood Thinner

CHICAGO, Illinois (May 14, 2008) – The blood thinner Heparin continues to make headlines as more people are found to have suffered serious injuries and/or death after using the contaminated drug – a group of which appears to include many Kentucky residents.

On Friday, May 2, 2008, another lawsuit was filed against Chicago-area pharmaceutical giant, Baxter International Inc. on behalf of Louisville, Kentucky resident, Artemus Banks. The complaint was filed by Nolan Law Group in Federal Court located in Chicago, Illinois. Nolan Law Group has already been responsible for filing several lawsuits on behalf of victims and the families of victims who have suffered a personal injury and/or death caused by the use of this contaminated drug. Due to the enormity and severity of the contamination, Nolan Law Group expects to file many more similar cases.

This most recent lawsuit names Scientific Protein Laboratories L.L.C. (the company which manufactures the active pharmaceutical ingredient API in Heparin) as well as certain corporate officers of Baxter. The lawsuit asserts that Baxter International and its wholly-owned subsidiary, Baxter Healthcare Corporation, manufactured the drug with a contaminated API and that Baxter failed to recall the defective drug in a timely fashion. The suit cites four causes of action against Baxter and Scientific Protein Labs including Products Liability, Negligence, Breach of Warranties and Willful and Wanton Misconduct.

Baxter’s Heparin has been implicated in more than 400 life-threatening incidents and may be responsible for as many as 81 deaths. In February 2008, Baxter initiated a voluntary recall of nine lots of Heparin Sodium Injection Multi-Dose Vials. According to Baxter International, they recalled the lots due to a spike in adverse reports associated with the use of Baxter Heparin Sodium Injections. After receiving additional reports of similar adverse reactions from other lots of their Heparin Sodium Injection Products, Baxter recalled their remaining multi-dose and single-dose vials, as well as HEP-LOCK Heparin Flush Products.

In January of 2008, Mr. Banks received a box of 25 vials of Baxter Heparin from Fresenius Medical Care for use during home dialysis treatments. Banks used the product as prescribed but began experiencing numerous physical symptoms, such as wheezing, shortness of breath, coughing, dizziness, increased perspiration and sudden weakness. Today, Mr. Banks continues to suffer as a result of his Heparin use.

The suit falls on the heels of a recent finding by the Food and Drug Administration (FDA) identifying an unknown contaminant found in the Baxter Heparin. In early April of 2008, researchers confirmed the FDA’S suspicion that the contaminant found in the Heparin is Oversulfated Chondroitin Sulfate (OSCS), a derivative of a popular supplement used to relieve arthritis, and a chemical which does not occur naturally during Heparin production.

Raw Heparin is derived from pig intestines and is often processed by small, unregistered “mom-and-pop” workshops in China. The key to establishing causation in this case, despite all of the issues with unsanitary conditions, etc., will be Baxter’s failure to perform a chemical test on the Heparin which would have been sensitive enough to identify the difference between Heparin and OSCS. The abhorrent conditions in China from where Heparin was being imported (and the fact that the FDA was not doing significant inspections) required the need for more sensitive testing.

According to the FDA inspection, the Changzhou SPL Facility was unable to provide FDA with any assurance “that processing steps used to manufacture heparin sodium, USP are capable of effectively removing impurities.” FDA also found that the facility failed “to have adequate systems for evaluating the suppliers of crude heparin materials, or the crude materials themselves, to ensure that these materials are acceptable for use.” Moreover, the methods employed to test Heparin Sodium United States Pharmacopoeia (USP) had not been verified to ensure suitability under actual conditions of use and the equipment used to manufacture the product was “unsuitable” for its intended use.

China’s Ministry of Commerce is now requiring local Heparin makers to increase testing of raw materials, improve post-sale tracking and ensure that their raw material comes from registered suppliers. This requirement follows U.S. Congressional inquiries into the FDA’s overseas inspection process.

The House Oversight and Investigations Subcommittee held a hearing on April 15th of this year regarding the distribution of contaminated Heparin. A follow-up hearing took place on April 22nd at which time the committee asked FDA Commissioner Andrew von Eschenbach how the agency will address concerns regarding its efforts to inspect foreign drug facilities.

Mr. Banks is seeking judgment against all defendants for compensatory and punitive damages arising from the personal injuries that he suffered from the use of a pharmaceutical drug commonly known as Heparin.

Nolan Law Group is a Chicago-based personal injury law firm concentrating in aviation accidents, construction accidents, brain injury litigation, medical malpractice, premises liability, product liability, and trucking accidents.

6.25 Million Dollar Settlement Approved for 5½ Year Old Girl Paid By Advocate Christ Hospital for Birth Injury

After three weeks of trial, Cook County Judge Thomas Hogan approved a settlement of $6,250,000.00 for the benefit of a 5 ½ year old girl (Twin A) who was seriously injured when nurses and a third year resident at Advocate Christ Hospital, Oak Lawn, failed to properly monitor the labor and delivery of twins in January of 2002. The mother of the twins was scheduled for a planned caesarean section (c-section) on the morning of January 16, 2002. On January 15, 2002, she presented to Christ Hospital in labor and provided documentation that she was to have a c-section. Despite this, she was prepped for a vaginal delivery and was attended to by a nurse and the third year resident until the very end of labor. During the laboring process, there were almost two continuous hours with no adequate fetal monitor tracings for the twins – their conditions could not be verified by electronic monitoring strips. Following the vaginal delivery, Twin A, with intervention from the Neonatal Intensive Care Unit, was diagnosed with severe brain injury requiring constant care for the rest of her life. Twin B was born normal and healthy with no signs of distress or injury. Advocate Christ Hospital maintained that the cause of the child’s brain injury was a chronic twin-to-twin transfusion syndrome that took place in the two weeks prior to presentation at the hospital. The hospital further maintained that the mother never requested a c-section and, even if she had, her ingestion of food within three hours of presentation at the hospital made an elective c-section unreasonably dangerous and thus could not be performed.

Attorneys for the estate of the child, Donald J. Nolan, William J. Jovan and Thomas P. Routh of Nolan Law Group alleged that the resident and nurses’ failure to properly monitor the delivery and the hospital’s failure to supervise the resident and have an attending physician present at the high risk delivery, was the cause of the brain injury to Twin A. A separate claim against the mother’s obstetrician, not an employee of Advocate Christ Hospital, was not part of the settlement.

Nolan Law Group is a Chicago based personal injury law firm concentrating in aviation accidents, brain injury, medical malpractice, workers compensation, premises liability, product liability, construction negligence, and railroad and motor vehicle accidents. Advocate Christ Hospital was represented by Patricia Barker of Barker & Castro, LLC.