Question: Could I get compensated for losing function of a finger?

Question Detail: I got my finger caught in a conveyor with no E button close enough to push leaving the middle finger being rubbed off all the way to the bone. I originally had an option to amputate or save. I chose to save the finger, but with no use of the finger whatsoever. My finger was constructed to look like a finger holding a large cup.

Answer: In Iowa you would have the right to file a workers' compensation claim and yes it would provide for compensation, called permanent partial disability payments that are intended to compensate you for loss of earning capacity. The problem is this is a scheduled member and the loss of function compensation is pretty limited. But let's consider another option.

Depending on what company owned the equipment your employer had you using, you may also have what we workers’ compensation lawyers call a third-party case against the owner of the equipment. The way you’ve described this set-up the conveyor is defectively designed. A shut off or ‘oh-shit’ button is not a shut off button if the operator is stationed too far away to reach it. You see when you scream 'Oh SHIT!" you are supposed to be able to shut the machine off, which is why I call it the "Oh Shit Button". A comparable design would be putting the car brake in the back seat. This would really be dumb. Did I say dumb?

Designing with E-Stop Switches, Robert Repas, Machine Design where the author writes:

Key points:

• E-Stops do not merely turn equipment off, but offer foolproof equipment shutdown.

• Standards and regulations for E-Stops vary significantly by industry.

• E-Stops should stop all hazardous mechanical motion, but not shut off associated equipment.

Emergency-stop switches, generally referred to as E-Stops, help ensure the safety of people and machinery by delivering a consistent and predictable fail-safe response. A wide range of electrical machinery need these specialized switches to meet workplace safety and established international and domestic regulatory requirements. E-Stops differ from simple stop switches that merely turn equipment off in that they offer foolproof equipment shutdown. This takes place through switch designs that need a twist, pull, or key to release the electrical contacts so the machinery can restart.

Where do you find an accident lawyer with experience in machine design? How do you investigate a machine design case? Well you first hire a lawyer with 30+ years of experience who settled one for $300,000. Call us if you can use our expertise.

So if we can help you please give us a call. 515-222-1110 or sdlombardi@aol.com or Katrina Schaefer at katrina.schaefer8@gmail.com.  

Photo Credit: We would like to thank our friend Jason Arnold an architect living Anchorage for the image he shot of Denali aka Mt. McKinley. Alaska. Jason attended Iowa State University in Ames, Iowa.

A federal judge in San Francisco issued a ruling ordering Wells Fargo to reimburse customers after finding that the business practices employed by the company were misleading and unlawful.  The judgment award totals $203 million, which will be distributed to customers who were subject to the manipulation of debit-card transactions.  The issue arose when Wells Fargo’s transaction statements listed the amounts in descending order, that is, with the highest dollar transaction listed first and the lowest at the bottom of the transaction statement.  This practice misled customers who presumed that the transactions were listed in the order they occurred, leading them to overdraw their accounts based on faulty perceptions of how much was remaining in their debit accounts.  The U.S. District Judge William Alsup ruled that the business practice was intentionally deceptive in an attempt to collect overdraft fees from customers.  The company is liable for fraud under California’s Unfair Competition Law.  A spokesperson for Wells Fargo stated that they disagree with the ruling and plan to appeal.

Question: Can I sue for not disclaiming that it is a possible side effect?

Question Detail: I have had the birth control implant for 2 years now and (to make this short and to the point) in the medical disclaimer it states may cause ovarian cysts but nothing of breast or body cysts. Now I have 9 cysts in my breast, 1 under each arm, one behind my ear, and 2 on my neck. I have NEVER had a cyst in my life and nor do I have a history of it and Implanon is the ONLY prescription I am on and has been the only for the entire period. These cysts have all developed over the past 3 weeks.

Answer: The first question anyone will ask is what is causing the cysts to develop and is it related to the implant? This is a very technical issue. Before you ever consider suing anyone or any company you first must be sure of your assumptions. You are assuming the Implanton is causing you to develop cysts; and that isn't an assumption you can make without proof. I know little about this implant and the little research I performed did not show cysts being a known side effect. What I'm going to suggest is that you contact a local personal injury lawyer who can act as the go-between with a national firm handling litigation, assuming there is any.

I did locate the Implanon (etonogestrel implant) site with the important safety information. Here are two warnings that appear to be pretty significant.

• The use of IMPLANON may also increase your chance of serious blood clots, especially if you have other risk factors, such as smoking. If you smoke and want to use IMPLANON, you should quit. Some examples of blood clots are deep vein thrombosis (legs), pulmonary embolism (lungs), retinal thrombosis (eyes), stroke (brain), and heart attack (heart). It is possible to die from a problem caused by a blood clot, such as a heart attack or stroke. Tell your doctor at least 4 weeks before if you are going to have surgery or will need to be on bed rest, because you have an increased chance of getting blood clots during surgery or bed rest.


• Cysts may develop on the ovaries and usually go away without treatment but sometimes surgery is needed to remove them.

Please read the Patient Information for IMPLANON and discuss it with your doctor. The physician Prescribing Information also is available.

There are quite a few lawyers advertising litigation against Implanon. I have no idea whether or not this litigation is being successful, that may or may not be the focus of the litigation. Here is the link to Schmidt & Clark out of Washington, D.C. They say they are Super Lawyers so be ready for lawyers wearing tights and capes. You might even get a decoder ring if you hire them. At another of their sites they discuss the side effects but never mention cysts as being one they are interested in. I don’t think I’d worry so much about this as much as just connecting and putting out there your story. After all you never know there may be more women with the same or a very similar problem who haven’t yet spoken out. What you do may help someone else.

Here is a site with real life experiences that may interest you.

There is also an Implanon patient discussion forum.

It is probably important that you have the product removed ASAP and see if the cysts stop developing. First things first I like to say. Good luck and if you need further assistance finding  the right attorney let us know.