Archive for the ‘Serious Personal Injury’ Category

Trucking Industry and Northwest Indiana: Big Money and Big Danger for Drivers on Indiana Roads

May 15th, 2012 by admin

The NWI Times investigates how the trucking industry impacts the local area, and in the latest series of NWI Times reports, written by Marc Chase and published on May 12, 2012, entitled “Industrial colossus: Region heavy truck companies generate millions in revenue,” the investigation delves into how important the trucking industry is to the local economy.

According to the NWI Times report, the northwest region of the State of Indiana receives approximately $3.2 billion in sales revenue from trucking (including freight hauling and logistics and its relationship between big semi / big rigs; railways; air and water freight) as well as the benefit of tens of thousands of jobs being built to generate that revenue each year.

Which is something to think about as we all drive the Northwest Indiana roads with these huge tractor-trailer, semi trucks. These heavy monsters are carrying loads of all sorts of cargo, including lots of product from local steel mills as well as weighty materials for construction and building.

As you drive along a local interstate and think about how powerful these big rigs are driving alongside sedans, SUVs, and minivans, you’re right. Those big trucks are often carrying very heavy cargo, not boxes of Styrofoam pellets or cartons of stuffed animals.

Which means that we must all be very aware of the dangers of collisions between big rig semi trucks and any other vehicle. People often die in these sorts of accidents, unfortunately: the inequality of the weights between the vehicles alone can count for some fatalities.

For more information, see our earlier posts dealing with trucking accidents including:

Bicycle Accidents: May is National Bike Safety Month – How Safe Are You and Your Kids When You Are Riding Your Bicycle?

May 10th, 2012 by admin

The National Highway Traffic Safety Administration and the American Automobile Association (AAA) are working together this year in a joint campaign called “Roll Model,” to help promote bike safety awareness in May 2012, which is National Bicycle Safety Month.

As more and more Americans are looking to bicycles not only for fun in the summer months, or ways to get to school and back, but also as an alternate to driving a car in these days of high gas prices, it has never been more important to recognize that under state law, bicycles are considered vehicles on the road with the same rights and the same legal duties as the cars, motorcycles, and other motorized vehicles with which the bikes share the roads.

This means that Bike Safety is very important, not just for smart bicycle riding but also because in many instances, it’s the law. Things like wearing the proper gear – including a bicycle helmet – are important and bike riders should be aware and follow these safety rules.

From the AAA, here are some bicycle safety tips:

  1. Wear your helmet. Follow this simple rule and you reduce your risk of serious injury by as much as 85 percent.
  2. Keep your head up and look ahead, not at the ground. You need to see what is coming up so you have time to react and maneuver.
  3. One person per bike. Riding with unsecured passengers puts you at risk for injury to yourself and others.
  4. Ride in single file with space between bikes.
  5. Ride on the right side of the road, never against traffic. Otherwise, you are at risk for an accident – or a ticket.
  6. Plan ahead if you will ride in a group. Agree on the route ahead of time. Have a plan on what you will do if separated by traffic.
  7. If you will be riding in an unfamiliar area, check out local laws and rules first.
  8. Avoid busy roads and peak traffic times on your route.
  9. Before riding at night, ask someone to help you check your visibility to motorists.
  10. Maintain the bikes in your household. Keep chains clean and lubricated and periodically inspect brake pads.

Brain Injuries and Sports: NFL Concussion Crisis – Will It Spread to Baseball, and Parents, What Does It Mean For Your Kids Who Play School Sports?

May 8th, 2012 by admin

This week, ESPN will televise a week-long investigation into brain injuries and concussions in the National Football League and the long-term effects these head injuries have on those who play football. You can watch it on ESPN’s program “Outside the Lines,” in a series called “The Concussion Crisis.

You can also watch podcasts of each episode of the ESPN series online as podcasts here.

Meanwhile, the question is being asked regarding baseball:  will pro baseball players follow the lead of their football brethren and also file lawsuits for damages sustained due to head injuries and concussions suffered during their years of playing pro sports?

Thousands of lawsuits have been filed (and it’s not over) by professional football players, as well as their loved ones in wrongful death actions after the player has died from injuries believed to have been sustained to the brain on the field and directly contributing to their deaths.

Read the complaint filed in an Atlanta federal court here.

The Legacy of Junior Seau

Last Wednesday, Pro Bowl veteran Junior Seau committed suicide, and it is now being claimed that he did so – by a gunshot to the heart, not the head – in order to keep his brain available as proof that he is another casualty of traumatic brain injury suffered from playing football.  If this is true, then who knows how many professional football players as well as college players and those in high school down to the littlest boys (and girls) can thank Seau in the coming years for bringing the public’s attention to this very, very real problem?

Seau may have got the idea from Chicago Bears’ Dave Duerson, who committed suicide in the same manner back in Feburary 2011. In fact, Duerson left written instructions that his brain was to be used in research to prove that he did indeed suffer from chronic traumatic encephalopathy (CTE) which was caused by repetitive concussions, year after year, which happened while he was playing football.  Sure enough, doctors confirmed that Duerson had been a victim of CTE.

The list is growing to over a dozen other NFL players already also confirmed to have been victims of CTE after their brains have been examined upon their deaths.

What is CTE? It’s a sad thing, where the brain suffers a degenerative disease resulting in dementia, depression, aggression, confusion, and more.  And it doesn’t just strike football players.  Wrestling, hockey, baseball, soccer — any sport where the head can sustain a closed injury concussion means the possibility of permanent brain damage and CTE.

What About Your Kids and Sports – Are Brain Injuries and Concussions A Risk of School Sports?

Yes.  Helmets are not magical protections against head trauma and permanent brain injury.   Already, questions are being asked about children and concussions – but not enough is being done to protect kids on the playing field, during games or during practice.  Lots of parents apparently are opting to take their children out of football, for example, because they don’t feel the safeguards are sufficient.

Just as the NFL lawsuit alleges that the Powers that Be knew and failed to do enough to protect players from concussions and permanent brain damage from traumatic brain injuries, so will future claims against colleges, coaches, school boards, and other authorities who are allowing kids to play sports where their heads are being hit and hurt all in the name of the game.

It doesn’t take much to cause a concussion and especially in children, serious concussions are not always easy to spot when they happen.  Parents who allow their children to play sports that can involve hits to the head should be very vigilant for any sign of head trauma, and err on the sign of caution.  Don’t assume anything.  Be careful out there.

Taser Stun Guns Kill People Per Indiana University Professor Zipes: New Study Finds Tasers Can Cause Sudden Death From Electric Shock

May 3rd, 2012 by admin

Tasers are used all across the country by law enforcement agencies, despite story after story of innocent people dying after being zapped by a Taser gun: today, it was confirmed in the medical journal Circulation, published by the American Heart Association,  that Taser guns send an electric shock into the victim’s body that can result in the heart having an irregular heart rhythm which can then lead to cardiac arrest and death.

Bottom line: Taser guns kill people, it’s now confirmed by medical research.

Indiana University Professor Releases Study That Confirms What Many Injury Attorneys and Criminal Defense Lawyers Already Believed

It seems that an Indiana professor has sounded the alarm, and news media (among other folk) all over the country are taking note.

You can read the full report online, entitled Sudden Cardiac Arrest and Death Associated with Application of Shocks from a TASER Electronic Control Device, by Douglas P. Zipes.

Dr. Zipes is pretty impressive as a Distinguished Professor Emeritus of the School of Medicine, Department of Medicine and Department of Pharmacology and Toxicology, of Indiana University, Indianapolis.

Maybe it took someone with Dr. Zipes’ level of expertise and respect to get everyone to understand that using a Taser to send little metal prongs into human beings and then pushing a button to send an electric shock into that person via the prongs just might be dangerous and sometimes fatal.   Apparently, news story after news story about people dying after police officers used a Taser on them haven’t been enough to stop Taser deaths from happening.

If you or a loved one has suffered serious injury or death from a Taser incident, then you need to consider what actions may be available to you under state and federal law.   And, if you own a Taser, then think twice before you decide to use it.   Under the state laws of Indiana and Illinois, anyone licensed to carry a handgun can legally carry a Taser.

Be careful out there.

FDA May Approve Drugs Without Doctors’ Prescription While More Doctors Bypass Insurance Companies: Good News As Long As Public Citizens Are Protected From Negligence Harm

May 1st, 2012 by admin

This week, the Food and Drug Administration announced that it is considering allowing several drugs that need a doctor’s prescription right now to be made available to Americans without a physician’s okay. This move is still being debated by the FDA, but it has a lot of support since it would make some very popular drugs for things like diabetes much cheaper for people to buy.

1.  Legally Get Prescription Drugs Without a Doctor? That May Be True Very Soon.

If the FDA goes ahead with this proposal, doctors would be taken out of the loop for many Americans as they would get drugs based on answering a questionaire about their symptoms.  Sounds efficient, but doctors warn that this is risky.  Not having a medical professional checking out an individual’s symptoms may mean something is missed, and the person is harmed.

2.  Doctors Practicing Without Dealing With Health Insurance?  That’s Happening Now.

Meanwhile, doctors are reacting to costs on their own.  There is a growing national trend for physicians to opt for “direct pay model” practices, otherwise known as “concierge” medicine.  (Here’s a list of these practices.)

In these new doctors’ offices, the doctor offers you a membership in a monthly service plans at a reasonable rate, and may well also offer pay-as-you-go options.  The doctor does NOT accept insurance.  Most doctors are finding that after they transition to this new model, they are making more money than they did before, and they aren’t having to deal with insurance companies at all.  Neither are their patients, as many Americans who currently are without health insurance are finding these “direct pay” doctors an answer to a prayer.

3.  Risks to Consider – What Happens When Someone Is Hurt by a Mistake?

The reason that personal injury law exists is to protect those that have been hurt through no fault of their own: victims of mistakes made by others who need justice.  With these changes in the medical industry, what happens to Americans when they get drugs through a questionnaire or they go to a concierge doctor and because of a medical mistake, they are seriously injured or killed?

Product liability laws will still protect for some drug errors; however, people will need to be very careful in answering questionnaires and they will need to trust that those questionnaires are going to protect them.  No doctor being involved means that an experienced health care professional will not be involved in that drug being dispensed to the patient.  Who will be legally responsible for errors made by the questionnaire?  Will the finger be pointed at the patient for the harm he or she has suffered?

As for concierge medicine, doctors will still carry medical malpractice coverage.  They are simply offering another way of doing business that skirts the health insurance carrier.  Patients with coverage can still file their own claims – the doctor’s office just isn’t going to be involved.

Times are changing, and sometimes change is good.  Be careful out there.

Big Trial News: Illinois Jurors Will Be Able to Ask Questions of Witnesses As of July 1st: New Illinois Rule 243

April 26th, 2012 by admin

Jury trials are a cornerstone of the American system of justice, and how a jury trial proceeds is known to almost everyone, whether they’ve participated in an actual trial or if they’ve just watched a lot of television.  From jury duty to traffic tickets to Perry Mason or Law & Order reruns, most of us understand that a jury is picked and then that group sets silently in a special section of the courtroom where they watch and listen but do not participate in the presentation of the case.

This silent grouping of the jury has been changing over the past few years and in many states as well as the federal system, civil juries are able to ask questions during the trial process.

Illinois jurors could not do so.   Until this summer.

As of July 1, 2012, Illinois jurors will be able to ask their own questions of witnesses in civil jury trials.

This will impact all sorts of civil cases, including wrongful death cases as well as all sorts of personal injury matters: serious personal injury cases; transportation injury claims; and work-related injury trials.

Illinois Supreme Court Okays New Illinois Rule 243

How Illinois civil trials proceed depends upon the procedures set up and approved by the Illinois Supreme Court, and the Illinois Supreme Court has issued its formal release that new Rule 243 is effective around 60 days from now (07/01/12).

You can read the Supreme Court’s full release here.

Here’s how it works….

First, a juror who has a question for a witness will submit that question to the bailiff who will hand that paper to the judge.

Nothing happens then.

Instead, the judge will hold the proceedings once the lawyers are done with their questioning of the witness (don’t expect the judge to jump up and stop the trial immediately if a juror submits a question).

Then the judge will gather the lawyers for both sides, and they’ll go into the judge’s chambers to discuss the question and the judge will rule on any objections that the plaintiffs or defendants may have to having the witness asked the particular question.  Everyone else in the courtroom will be on break, on standby – waiting for the attorneys and the judge and the court reporter (who will be taking everything down for the court record, in the event of an appeal) – to return.

What sort of objections could there be to the juror’s question?

Objections could be either to form or substance.  Leading questions won’t fly as worded.  Questions that aren’t relevant won’t be okay.  Ones that go into areas that have been determined to be outside the evidence boundaries in pretrial motions will not be asked.

Objections can result in the question being tossed, being asked as written, or modified with language approved by the trial judge.

Why do this?

Jurors sometimes want to know things, and until now, they didn’t get to ask questions until they were gathered together in the jury room for deliberations.  Now, they can ask while the witness is on the stand.  Also, some attorneys point out, it will help jurors stay interested in the proceedings – juror days are long, and minds can daydream, they argue.

From Illinois Supreme Court Justice Thomas L. Kilbride:

“Based on the comments of those who have used or seen the procedure at trials, such a rule enhances juror engagement, juror comprehension and attention to the proceeding and gives jurors a better appreciation for our system of justice.”

When Big Rig Semi Truck Drivers Are Charged With Homicide After a Truck Accident: Across the Country, Police Are Arresting Truck Drivers in Commercial Truck Crashes on Criminal Charges

April 24th, 2012 by admin

Unfortunately, accidents between big commercial trucks (big rigs, semis, tractor-trailers, 18 wheelers) usually means fatalities will be involved in the crash.  The simple matter of weight and speed differences mean that these huge vehicles are monsterously damaging to most other vehicles on the road: sedans, minivans, pickups, motorcycles, and the like.

Still, accidents are accidents and truck drivers are human beings: some truck wrecks are tragedies, but they aren’t criminal actions.  Until they are.

Here are some recent examples from across the country where a commercial truck driver involved in a crash or accident has been arrested by the local law enforcement authorities on homicide charges because someone died in the wreck of the big rig / semi / 18 wheeler / tractor-trailer and the other motor vehicle on the road:

Pennsylvania Dump Truck Driver charged with homicide and other felony charges after truck crash with 2011 Ford passenger car.

Illinois Tractor Trailer Truck Driver charged with homicide in Kentucky crash involving Amish buggy.

Wisconsin Semi Truck Driver charged with vehicular homicide in Ohio crash involving pick up truck.

Texas Semi Truck Driver charged with criminally negligent homicide in Texas crash involving another semi truck.

Michigan Semi Truck Driver charged with three counts each of vehicular homicide, vehicular manslaughter, and causing a fatality through negligent operation of a motor vehicle in Ohio chain-reaction crash that involved several vehicles.

It’s not always the truck driver that gets charged with homicide in this big rig crashes, though.  Consider last month’s crash in Austin, Texas:  here, the driver who ran a red light and slammed into the semi truck is facing homicide charges.

Recalls Happen Everyday on All Sorts of U.S. Products: Products Liability and Injury Lawsuits

April 19th, 2012 by admin

Recalls happen every day in this country – all sorts of products are either voluntarily recalled by their manufacturer, or recalls are issued by the government to get dangerous items out of the public marketplace.  Consider this — this week, so far, the following national recalls have happened:

To monitor recalls involving consumer products, motor vehicles, boats, food, medicine, cosmetics, or environmental products, go here (where you can even sign up for email alerts).

It is very good news for all American consumers that manufacturers issue these voluntary recalls of their products when it is discovered that the product can hurt or seriously injure (even kill) someone.  Of course, there are those who will point out that this is in the manufacturer’s best interests, since they are legally liable for any injuries that their products cause.

And this is true.  Under state law as well as federal statute, manufacturers of products as well as those in the distribution chain (those who had the task of getting the product from its maker to the injury victim) can be held financially responsible for the injuries caused by a defective and damaged product.

This is what is referred to as products liability law. Many recalls have become the basis for major personal injury litigation based upon products liability laws, where state legislatures (like those in Indiana and Illinois) as well as the U.S. Congress, have passed laws for safe products that have been violated.  Consider this — this week, the following recalls are now among those making national news as they proceed as major products liability personal injury lawsuits:

Injury Is Number 1 Cause of Death in Children: 54% Increase in Infant Suffocations, 91% Increase in Teen Deaths From Poisoning / Prescription Drug Overdose

April 17th, 2012 by admin

The latest report from the Center for Disease Control should be considered good news, and it is, if you focus solely on the fact that overall, children are safer today than they have been in the past.  The rate of children dying from accidental injuries fell 30%.  That’s good news.

However, accidental injuries still kill way too many kids in this country, and importantly, this report confirms something that we’ve been monitoring for awhile now:  prescription drugs injure and kill people in this country in epidemic proportions.  In the CDC’s latest Vital Signs report, the number show a shocking 91% increase in the number of deaths of teenagers (15-19 years old) from poisoning by prescription drug overdoses.

Consider that number again:  NINETY-ONE PERCENT.  Once more, we point out that drugs are products sold by companies for profit.  There is no absolute guarantee that approval by the Food and Drug Administration makes these drugs safe.  There is no absolute guarantee that a doctor or a pharmacist okaying the drug for someone makes it safe for that person, much less anyone else, to take.

Drugs are products subject to state and federal laws just like any other product – tires, strollers, cookware and they are subject to personal injury laws and product liability claims just like any other product in the marketplace.  Be careful out there when using any product.

Here is the CDC’s latest release, with highlighting added:

_______________________________________________

Unintentional injuries remain number one killer of youth

The death rate due to unintentional injuries decreased by nearly 30% in the past decade according to CDC Vital Signs

Unintentional injuries to children and teens aged 0 to 19 are preventable, yet more than 9,000 children and teens died from injuries in the U.S. in 2009 according to CDC’s Vital Signs released today. Car crashes, suffocation, drowning, poisoning, fires, and falls are some of the most common ways children are hurt or killed. The number of children dying from injury dropped nearly 30% over the last decade.

However, injury is still the #1 cause of death among children. More can be done to keep our children safe.

Although rates for most causes of child injuries have been dropping, suffocation rates are on the rise, with a 54% increase in reported suffocation among infants less than 1 year old, the report says. Poisoning death rates also increased, with a 91% increase among teens aged 15-19, largely due to prescription drug overdose.

“Kids are safer from injuries today than ever before. In fact, the decrease in injury death rates in the past decade has resulted in more than 11,000 children’s lives being saved,” said CDC Director Thomas Frieden, M.D., M.P.H. “But we can do more. It’s tragic and unacceptable when we lose even one child to an avoidable injury.”

This Vital Signs report is CDC’s first study to show fatal unintentional injury trends by cause and by state for children from birth to 19 years.

Child injury death rates varied substantially by state in 2009, ranging from less than 5 deaths per 100,000 children in Massachusetts and New Jersey to more than 23 deaths per 100,000 children in South Dakota and Mississippi. Death rates from motor vehicle crashes dropped by 41% from 2000-2009. Several factors have played a role in this reduction, including improvements in child safety and booster seat use and use of graduated drivers licensing systems for teen drivers.

However, crashes remain the leading cause of unintentional injury death for children. This Child Injury Infographic provides a graphic representation of important data related to this Vital Signs topic.

Poisoning deaths have been steadily increasing among 15- to 19 year-olds, largely due to prescription drug overdoses. According to other CDC research, appropriate prescribing, proper storage and disposal, discouraging medication sharing, and state-based prescription drug monitoring programs could reduce these deaths. The increase in suffocation deaths among infants could be curbed by following the American Academy of Pediatrics’ recommendations for safe infant sleeping environments. These recommendations state that infants should sleep in safe cribs, alone, on their backs, with no loose bedding or soft toys.

“Every 4 seconds, a child is treated for an injury in the emergency department, and every hour, a child dies as a result of an injury,” said Linda C. Degutis, Dr.P.H., M.S.N., director of CDC′s National Center for Injury Prevention and Control. “Child injury remains a serious problem in which everyone –including parents, state health officials, health care providers, government and community groups – has a critical role to play to protect and save the lives of our young people.”

CDC and more than 60 partner organizations are releasing a National Action Plan on Child Injury Prevention in conjunction with the Vital Signs report. The National Action Plan’s overall goals are to:

Raise awareness about the problem of child injury and the effects on our nation.
Highlight prevention solutions by uniting stakeholders around a common set of goals and strategies.
Mobilize action on a national, coordinated effort to reduce child injury.

For a copy of the plan and more information about child injury prevention, visit http://www.cdc.gov/safechild.

CDC Vital Signs is a report that appears each month as part of the CDC journal Morbidity and Mortality Weekly Report (MMWR). The report provides the latest data and information on key health indicators such as cancer prevention, obesity, tobacco use, alcohol use, prescription drug overdose, HIV/AIDS, motor vehicle safety, health care-associated infections, cardiovascular health, teen pregnancy, child injuries, and food safety.

CDC works 24/7saving lives, protecting people from health threats, and saving money to have a more secure nation. Whether these threats are chronic or acute, manmade or natural, human error or deliberate attack, global or domestic, CDC is the U.S. health protection agency.

Popular Antibiotics May Cause Retinal Detachment: Are You Taking Zoxan, Proquin, Cipro, Levaquin, Cravit, or other fluoroquinolones?

April 12th, 2012 by admin

A new Canadian study has found that some very commonly used antibiotics are connected with an increased danger of retinal detachment - something that will cause blindness if not treated with surgery.

You can read the study online here, in the Journal of the American Medical Association.

What is retinal detachment?

The “…retina is the light-sensitive layer of tissue that lines the inside of the eye and sends visual messages through the optic nerve to the brain. When the retina detaches, it is lifted or pulled from its normal position. If not promptly treated, retinal detachment can cause permanent vision loss.” (as defined by the National Eye Institute.)

What are symptoms of retinal detachment? From the U.S. National Library of Medicine:

  • Bright flashes of light, especially in peripheral vision
  • Blurred vision
  • Floaters in the eye
  • Shadow or blindness in a part of the visual field of one eye

The Canadian researchers already knew that some antibiotics can increase the danger of damage to tendons; here, they checked with ophthalmologists who have treated patients with retinal detachment (an emergency situation) for a seven year time period (2000-2007).  From those interviews, almost a million of them, the researchers found that there was a 500% higher chance that someone who came to the ophthalmologist for retinal detachment had been taking a certain kind of antibiotic, a form of fluoroquinolones

What are fluoroquinolones?

Here is a list of common fluoroquinolones / antibiotics revealed in the Canadian study of retinal detachment risk:

ciprofloxacin, sold under the names:

  • Zoxan
  • Proquin
  • Cipro

levofloxacin, sold under the names:

  • Levaquin
  • Cravit

Once again, we remind everyone that drugs are products made for a profit by corporations here in the United States and around the world.   Sometimes, there’s a bad apple in the barrel and an ordinarily safe product harms someone (or worse, causes their death).  Other times, the drug itself is hazardous and unsafe as a product for human use.  This does not mean that unsafe and dangerous products don’t get okayed for sale in this country, or that unsafe and dangerous products don’t get prescribed by health care providers or dispensed by local pharmacies and drug stores.  They do. Every day.

So be careful out there.  Don’t trust a drug just because it’s a prescription medicine.

And if you have taken an antibiotic and are having any symptoms as described above, hurry to get your eyes checked out.  Be safe and make sure that you’re okay.