DEERFIELD, Ill. — Chicago Bulls forward Carlos Boozer got his cast removed on Tuesday and is excited about finally being able to start the rehab process.
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“A great step in the right direction,” Boozer said after Wednesday’s practice. “I got the pins out [Tuesday]. I got the cast off. I’m in a splint now, doing some hand [exercises] to get my range of motion back, my wrist range of motion back.
“I got cleared to do a lot of running. I can’t dribble, catch, shoot [or] carry anything yet, but those days are soon, coming up on me, so I’m looking forward to it.”
Boozer, who broke his right pinky on Oct. 2 after falling over a bag in his house, is still unsure when he will return because he has to get the stitches taken out of the finger next week.
“The first step is the physical therapy,” Bulls coach Tom Thibodeau said. “Then the step after that will be practice, and he has to go through normal practice, once he can do that then [the medical staff] will talk about when he can come back and start playing.”
The sight of Boozer, who signed with the Bulls as a free agent in the summer after six seasons with the Utah Jazz, in a soft cast was exciting for his teammates.
“We really don’t know [how we’ll be with him],” Bulls guard Derrick Rose said. “We could be even better, we could be a real good team. He’s always talking. I remember playing against him, and he was always telling [Deron Williams] what was going on, especially on the defensive end and with that type of player on the floor he could definitely help us with the guards, it’s easier for us to run our coverage on defense.”
FDA clears Cymbalta to treat chronic musculoskeletal painIndications include osteoarthritis, chronic lower back pain
The U.S. Food and Drug Administration today approved Cymbalta (duloxetine hydrochloride) to treat chronic musculoskeletal pain, including discomfort from osteoarthritis and chronic lower back pain. Cymbalta was first used to treat major depressive disorder in 2004.
“Up to three quarters of the population experience chronic pain at some time in their lives,” said Janet Woodcock, M.D., director of FDA’s Center for Drug Evaluation and Research. “This approval means that many of those people now have another treatment option.”
Since its initial approval, about 30 million patients in the United States have used Cymbalta. It was approved for the treatment of diabetic peripheral neuropathy in 2004; generalized anxiety disorder and maintenance treatment of major depression in 2007; and fibromyalgia in 2008.
More than 29,000 patients have used Cymbalta in clinical trials, and more than 600 patients were studied in the clinical trials involving osteoarthritis and chronic low back pain. The safety evaluation for Cymbalta included review of data from the clinical trials as well as post-marketing data from the previously approved patient populations.
The FDA assessed the efficacy of Cymbalta in chronic low back pain and osteoarthritis in four double-blind, placebo-controlled, randomized clinical trials. At the end of the study period, patients taking Cymbalta had a significantly greater pain reduction compared with placebo.
The most common side effects reported with Cymbalta include nausea, dry mouth, insomnia, drowsiness, constipation, fatigue, and dizziness. Other serious side effects include liver damage, allergic reactions such as hives, rashes and/or swelling of the face, pneumonia, depressed mood, suicide, suicidal thoughts and behavior.
While these serious side effects have been associated with the use of Cymbalta, they have occurred in less than 1% of treated patients. There are a finite number of drugs available for the treatment of chronic musculoskeletal pain, all of which are associated with rare, serious side effects. There are patients in whom none of the available treatments are effective.
The recommended dose for Cymbalta is a 60 milligram capsule taken once daily without regard to meals. The capsule should be swallowed whole, and not chewed, crushed or opened; the contents should never be sprinkled on food or mixed with liquids.
NEW YORK — Thousands of rescue workers sickened after the September 11 attacks in New York have until the end of Monday to accept a settlement that could near 800 million dollars.
A settlement on Friday saw a subgroup of workers compensated 28 million dollars for exposure to debris removed and transferred from Ground Zero to Staten Island by marine transportation company Weeks Marine.
But US District Court Judge Alvin Hellerstein said in a related order that the plaintiffs could only claim compensation for it if they backed the larger agreement for up to 712.5 million dollars.
That settlement with New York City was reached in June and requires approval from 95 percent of the plaintiffs by 11:59 pm (0459 GMT) on Monday in order to be validated.
The proposed funds would be used for payments to the roughly 10,000 firefighters, health workers, police and other emergency responders who sought legal remedy after falling ill from toxic dust and debris emanating from the destroyed World Trade Center nine years ago.
Paul Napoli, who leads a legal team representing most of the plaintiffs, said he has since brokered additional agreements with other defendants, bringing the total potential compensation to 796.45 million dollars.
And further agreements are still possible, further increasing the amount.
Micheline Tang of Kekst and Company said proposed compensation from different defendants now totals 811.5 million dollars, but noted it could be inaccurate to aggregate the figures because different plaintiffs are suing different defendants.
“In addition, compensation will be determined based on the severity of the injury and the strength of the claim,” she told AFP.
Her firm represents the WTC Captive Insurance Company, which will pay the larger settlement out of a federally financed fund.
Lawyers also reached a separate 47.5 million dollar settlement last month with the Port Authority of New York and New Jersey, which owned the World Trade Center.
Napoli said he and his colleagues “are very happy we have reached agreements with these defendants, following extensive negotiations that lasted several years.”
“Negotiations with remaining defendants have been going on as well and we hope that the latest settlements will encourage those defendants to take this opportunity to resolve the remaining plaintiffs’ claims against them in the near future,” he added in a statement on Saturday.
In all cases, Hellerstein found the allocation process to be “fair and reasonable.”
Tripping and falling might seem like just another hump in the day. But over the course of the next week or so, it may manifest as a much more serious injury.
Keene, NH (Law Firm Newswire) November 1, 2010 — “Who hasn’t fallen at one time or another, picked themselves up, dusted off their hands and clothing, made a small joke and got on with their day? It’s easy to do. You maybe miss a step on the way up or down a flight of stairs or you didn’t see the coffee spill on the mall promenade. Falling hard, as the result of a slip, can cause untold problems either immediately or later, as we’re not made to slam into hard surfaces and not sustain some kind of injury,” said Charlie Donahue, a New Hampshire personal injury lawyer located in Keene. Donahue handles injury cases in New Hampshire and across the United States.
A person trips on an exposed brick in the sidewalk in front of a store. While a fall may not seem like a big deal when it happens, with the passage of time it might turn out that the kneecap that hit the pavement like a ton of hammers is cracked, impeding movement and causing agonizing pain. It’s time to talk to a New Hampshire personal injury lawyer about recovering damages to pay medical bills, which are likely going to be high as a result of surgery, therapy, medications and other tests.
What started out as a simple tumble has now taken on the proportions of a colossal uphill battle with the owner of the store whose sidewalk was uneven. “The owner knew about the brick, but had not gotten around to fixing it. That is unfortunate, however, it is his responsibility to fix it; to keep his premises safe for a person who comes onto his property. That includes the sidewalk in front of the store. Rather than argue with the owner, take your case to a New Hampshire personal injury lawyer and leave it in their capable hands. That’s their job; to get you justice from those who were negligent,” Donahue said.
It’s also the lawyer’s job to obtain a fair and equitable settlement that will cover the bills that accumulate during time off work as a result of medical treatments, tests, etc. Financially speaking, victims in many slip and fall cases have a hard road to hoe because they are losing money from being off work. That means not being paid or being paid a reduced amount, and in today’s economy, this may spell disaster for an injured plaintiff.
“If you want financial compensation to cope with your injuries, then you will need a personal injury lawyer to go to bat for you. Whether you tripped over an uneven brick or slipped on a slick puddle of coffee, the responsible party ought to have liability insurance that will pay your medical bills and time off work. Trying to secure a settlement on your own usually doesn’t work. That’s my job, my only job, and I don’t get paid until you do. If you have questions, give my office a call,” Donahue said.
In a decision that may ultimately have implications around the country, a workers’ compensation tribunal in Quebec has ruled that reducing injured workers’ income replacement benefits at age 65 offends both provincial and federal human rights legislation.
“It’s an important decision,” said Marianne Plamondon, a lawyer with Ogilvy Renault LLP in Montreal. “Our whole system in Canada is based on a recognized retirement age of 65. Income replacement laws require payments to stop or be reduced at this age.”
In Côté et Traverse Rivière-du-Loup St-Siméon, the Commission des lésions professionnelles (CLP) ruled that s. 56 of the Act respecting industrial accidents and occupational diseases discriminates against workers on the basis of age and is, therefore, contrary to s. 10 of the Quebec Charter of Human Rights and Freedoms and s. 15(1) of the Canadian Charter of Rights and Freedoms.
“Before the Côté decision, a few judgments had been rendered by the CLP on the same issue and the tribunal had always taken the opposite view,” said Christian Létourneau, a partner with Fraser Milner Casgrain LLP in Montreal.
In the current decision, the tribunal considered that s. 56 establishes a distinction based on age that is prohibited under Article 10 of the Quebec Charter, noted Jean-François Cloutier, a partner with Fasken Martineau DuMoulin LLP in Montreal. “This provision creates a distinction because workers over 64 or 65 years old do not receive a full compensation compared to other categories of workers, which in the view of the tribunal is contrary to the object of the Act.
“They also said this perpetuated the myth about older persons’ ability to work and this is discriminatory,” he noted.
At issue here was a 64-year-old worker who was injured on the job. According to existing law, his workers’ compensation payments are reduced by 25 per cent from the second year of the date of his disability, then by 50 per cent from the third year, and then 75 per cent from the fourth year. (For injured workers younger than 64, payments are reduced yearly by 25, 50 and 75 per cent beginning at age 65.)
The worker argued before the tribunal that this was discriminatory under s. 10 of the provincial human rights legislation, despite the fact that the income replacement benefit reduction was enshrined in law elsewhere.
“The tribunal concluded that s. 56 violated s. 10 even though s. 56 was a prohibition by law,” said Cloutier.
The Quebec attorney general had argued that the income-replacement benefit reduction was justifiable under s. 1. “There is case law that it may be discriminatory under s. 15, but justifiable under s. 1,” said Plamondon, who practises in all areas of employment and labour law.
“The tribunal found that there was not sufficient evidence to show that the old program was in danger of an explosion of costs,” she added. “This was surprising. The attorney general should have put forward the evidence on this.”
The attorney general did inform the tribunal that the average age of retirement in Quebec is just over 59 years, a fact he argued that made the income-replacement reduction provisions acceptable. The tribunal disagreed. “The attorney general raised the point the act is an acceptable compromise because it reflects the reality in the province,” Plamondon said.
As things currently stand, there is confusion. “Now there is contradictory jurisprudence,” said Cloutier. “We will see what will happen before the superior court.”
The decision has been sent for judicial review in Quebec’s Superior Court. The implications of this decision may reach beyond the province’s border to the rest of Canada. “We will be able to ascertain the real impact of the Coté decision when the superior court, or a higher court, renders a final decision,” said Létourneau.
That impact may extend beyond workers’ compensation. “There are other similar provisions in pension plans, for example, that eliminate benefits at a certain age,” noted Cloutier.
There is currently a case before the Supreme Court of Canada from B.C., he added, that is looking at pension plans and benefit reductions. The B.C. court found it was not discriminatory. The legal community is watching with interest what the Supreme Court will decide later this year. Now eyes are also turned to Quebec.
“It’s a new area,” said Cloutier.
