Archive for the ‘Serious Personal Injury’ Category

Do You Own This Acid-Leaking Gizmo? 1.4 Million Fix It Halogen Spotlights Recalled Today

September 8th, 2010 by admin

For almost 7 years now, people around the country have been buying cool yellow halogen lights that could be recharged — great for camping, keeping in the back of your car with the emergency stuff, out in the garage, etc. Today, the government announced a recall of approximately 1.4 million of these FIX IT One Million Candlepower rechargeable spotlights.

According to the Consumer Product Safety Commission, these spotlight halogen gizmos, made in China and imported into the United States by California company Innovage LLC, are dangerous. The lights have hurt people, and could hurt more.

These aren’t flashlights. The FIX IT spotlight has approximately 3,000,000 candle light power, and was promoted as a great thing to have on hand when you need light outside, at night — at the side of the road with a flat tire, in the woods on a family camping trip, you get the idea.

How are they dangerous? The FIX IT Candlepower spotlights leak acid. The acid leaks out because the recharging adapters overcharge the battery, and the battery acid oozes out. So far, it’s known that 13 people have reported acid burns to their skin, their clothing or their furnishings.

May not sound like a high number — but remember, these are just the reported cases. How many people are out there that have suffered damage or injury from these spotlights, and didn’t report it?

According to the recall, these halogen lights were sold from October 2003 to October 2009, in everyday stores like Ace Hardware, Bealls, Boscov’s, Rite Aid, Tuesday Morning, Walgreen’s and Winn-Dixie.

However, until today, you pick up a new or used one at Amazon.com. They’re probably still available for purchase around the country, on web sites, store shelves, or garage sale tables.

Be careful and be aware. Check your stuff and if you own one of these Fix It spotlights, get rid of it.

Questions? Feel free to call the CPSC toll-free at 888-408-1140.

Feds Close Doors of Trucking Company After Truck Killed 11 in Van on Kentucky Interstate

September 2nd, 2010 by admin

Last March, we posted the sad, sad story of a van filled with happy family and friends traveling to a wedding, who were on the road only 15 minutes when a tractor-trailer veered over the median and crashed into them.  11 of the van passengers, and the big rig truck driver, were killed.

The collision was head-on, truck and van — and the cable barriers dividing the two sides of highway were of no help whatsover, according to eyewitnesses.

This week, it was revealed that the federal government ordered the trucking company responsible for that tractor-trailer truck, Hester, Inc. of Fayetteville, Alabama, to be shut down.

The actual order, coming down from the Federal Motor Carrier Safety Administration, actually dates back to June 2010, but the public only became aware of the ruling after a Freedom of Information Act request allowed it to be release to the public at large.

Apparently, truck driver fatigue may have been a factor in the Kentucky crash (which happened at 5:30 am), as the FMCSA Order apparently based the Hester closing on a failure to fix certain violations, among them Hester’s drivers being allowed on the roads longer than the HOS limits.

To view a photograph of the tragic crash site itself and see for yourself the tremendous power of a big rig when it collides with a minivan, click here.

Concussions in Kids On the Rise: New AAP Guidelines Issued

August 30th, 2010 by admin

Concussions (and traumatic brain injuries, or TBIs) resulting while children are at play are extremely serious events — something that we’ve posted about periodically because efforts to prevent these life-altering events don’t seem to get enough attention.   Maybe things are changing.

New Guidelines for Concussions in Kids Issued Today

The American Association of Pediatrics has issued new Guidelines for head injuries in kids, focusing upon sports-related concussions.  The complete study, “Emergency Department Visits for Concussion in Young Child Athletes,” appears in Pediatrics magazine (available online today).

The new Guidelines are as follows (emphasis added):

  • Children or adolescents who sustain a concussion should always be evaluated by a physician and receive medical clearance before returning to play.
  • After a concussion, all athletes should be restricted from physical activity until they are asymptomatic at rest and with exertion.
  • Physical and cognitive exertion, such as homework, playing video games, using a computer or watching TV may worsen symptoms.
  • Symptoms of a concussion usually resolve in 7 to 10 days, but some athletes may take weeks or months to fully recover.
  • Neuropsychological testing can provide objective data to athletes and their families, but testing is just one step in the complete management of a sport-related concussion.
  • There is no evidence proving the safety or efficacy of any medication in the treatment of a concussion.
  • Retirement from contact sports should be considered for an athlete who has sustained multiple concussions, or who has suffered post-concussive symptoms for more than three months.

How can you tell if your child has suffered a concussion?

According to the Mayo Clinic, children that are old enough to communicate with you should be monitored for the following symptoms of concussion:

  • Confusion
  • Amnesia
  • Headache
  • Dizziness
  • Ringing in the ears
  • Nausea
  • Vomiting
  • Slurred speech
  • Fatigue
  • Memory or concentration problems
  • Sensitivity to light and noise
  • Sleep disturbances
  • Irritability
  • Depression

Non-verbal clues that young children (infants, pre-K) may be suffering from a concussion include:

  • Listlessness
  • Tiring easily
  • Irritability
  • Crankiness
  • Change in eating patterns
  • Change in sleeping patterns
  • Lack of interest in favorite toys
  • Loss of balance, unsteady walking

Better to Be Safe Than Sorry — Get Your Child Seen by the Doctor Pronto

If you suspect that your child may be suffering from a concussion, it’s better to be safe than sorry.  Get your son or daughter to a doctor and have them checked out — and until it’s ruled out, it’s better to assume that they are injured than to ignore symptoms and ask the child to “shake it off.”

Head injuries are very serious and can all too often be permanent, life-altering events.  You can’t be too careful here.

Salmonella Egg Recall – It’s Far From Over Here in Indiana and Illinois

August 26th, 2010 by admin

The recall of eggs carrying salmonella has the attention of the nation right now because it’s big, and keeps getting bigger. As of last Wednesday, almost 400,000,000 salmonella-tainted eggs had been recalled by egg producer, Wright Country Egg of Galt, Iowa.

That was followed by a second producer, Hillandale Farms of Iowa, issuing a recall of another 170 million eggs.  Keeping count?  That’s getting close to 600,000,000 eggs that aren’t safe to eat.

Indiana is Part of the Salmonella Egg Recall

The CDC (Center for Disease Control) reported that 17 states have seen spikes in the reported salmonella poisoning cases since May. Those states include Indiana, as well as Arizona, California, Colorado, Georgia, Iowa, Oklahoma, Oregon, Minnesota, Missouri, Nevada, Texas, Utah, Washington, and Wisconsin.

The new recall by the second egg producer adds Arkansas, Illinois, Kansas, Nebraska, North Dakota, Ohio, South Dakota, and Texas to the list.

With Third Recall Illinois Now Involved, As Well

Recalls by their very nature are after-the-fact warnings. The current recall does not include any information from mid-July forward: it’s only after people get sick that they get tallied by the CDC.

Accordingly, it’s possible that these bad eggs have made their way into many more  restaurants or stores, and to the family fridge, in our area and victims of these Salmonella eggs haven’t been publicly acknowledged.

It’s also possible that the recall may be expanded once again to include additional states.

Why? The eggs carrying Salmonella Enteritidis have been distributed to wholesalers, distribution centers and food service companies across the country.

They’ve been packaged under the following names, according to the press releases issued by Hillandale and Wrignt Country Egg:

(Third Recall) Hillandale Farms, Sunny Farms, Sunny Meadow, Wholesome Farms and West Creek.

(Second Recall) Albertsons, Farm Fresh, James Farms, Glenview, Mountain Dairy, Ralphs, Boomsma, Lund, Kemps and Pacific Coast.

(First Recall) Lucerne, Albertson, Mountain Dairy, Ralph’s, Boomsma’s, Sunshine, Hillandale, Trafficanda, Farm Fresh, Shoreland, Lund, Dutch Farms and Kemps.

Have You Been Poisoned by a Salmonella Egg?

If you or a loved one suffers any of the following symptoms, please seek medical attention immediately. Salmonella poisoning can be life-threatening.

Symptoms of Salmonella poisoning:

• fever
• abdominal cramps
• diarrhea (which can be severe enough to require hospitalization)
• appear 12 – 72 hours after injection of the tainted egg.

Indiana University School of Medicine Looking For TBI Patients to Participate in Clinical Study

August 20th, 2010 by admin

Traumatic brain injury is a horrible, life-changing event that can happen in the less than a minute. Oftentimes, it takes just that long – the time it takes to snap your fingers — for a schoolyard fall, motorcycle accident, or on the job work injury to permanent damage the victim’s brain. Right now, there’s no real cure for these severe head injuries.

Indiana University School of Medicine Researching New TBI Treatments

However, the good folks at the Center for Neuroimaging at the Indiana University School of Medicine in Indianapolis are trying to help TBI victims. Right now, IU is recruiting individuals suffering from memory and attention problems related to traumatic brain injury (TBI) to participate in their new research study. The new study will be evaluating the effectiveness of three possible TBI treatments.

Qualifications to Participate in the IU Study

If you or someone you know suffers memory and attention issues due to traumatic brain injury, and they would be interested in taking part in the Indiana University Study, then they should know the following, per the IU news release:

1. They must be between 18 – 60 years old
2. Their brain injury must have occurred between 4 months and 5 years ago
3. Their brain injury must have caused lasting problems with both attention and memory.

Assuming that they meet these three criteria, then:

1. They need to be able to travel to the IUPUI campus for 5 clinic visits scheduled over 7 weeks.
2. Those that participate in the research study are eligible to be paid for their trouble.

More questions? Call Dr. Brenna McDonald at (317) 278-8878 or email her at mcdonalb@iupui.edu.

The Miner Safety and Health Act of 2010 – Providing More Safety for Miners and Independent Investigation of Mining Accidents — May Never Become Law

August 11th, 2010 by admin

Right now, a statute has been proposed in the House of Representatives (H.R. 5663) that, if it becomes law, will change parts of both the Federal Mine Safety and Health Act of 1977 (FMSHA) and the Occupational Safety and Health Act of 1970 (OSHA).

If it passes, the new law would make some mining companies implement new safety measures for the protection of their employees as they work in the mines, as well as forcing the companies to adhere to new standards regarding employee rights – including new protections for whistleblowers and mining accident victims.

Finally, the proposal as it is currently written makes it mandatory for there to be independent, third-party accident investigations for certain mine accidents.

Which all sounds good, right? Except that H.R. 5663 may never become reality. Right now, opposition is growing to its passage.

Follow it here:

How Dangerous is I-70? Just This Monday, Three Big Rig Crashes Before Noon. Yes, People Died.

August 9th, 2010 by admin

Breaking news to begin our workweek: a domino effect of big rig crashes on a single stretch of Illinois highway. Bright and early Monday morning, Illinois State Police were reporting three separate crashes, all involving commercial trucks, along Interstate 70 near Highland, Illinois.

Two people burned to death at one accident scene. Traffic diverted because the freeway was impassable, going in either direction.

Semi Truck Wreck No. 1 Happens Around 7 am Early on Monday Morning

Just as many commuters were hitting the roads to drop kids off at school, or to grab a fast-food breakfast and coffee on the way into work, a tractor-trailer crashed on Interstate 70 and its entire load of food fell upon the asphalt. The truck driver was taken to the hospital; there were no other injuries.

Big Rig Crash No. 2 Triggered by the First Wreck

Since the roadway was blocked by the fallen food cargo, Interstate 70 traffic was forced to a standstill until I-70 could be cleared. Around 2 miles away, in this frustration, three semi trucks and a pick up truck crashed in the westbound lanes. Sadly, one of the big rigs burst into flames, and two of the truckers died in the truck fire.

Tractor-Trailer Truck Accident No. 3 Follows Shortly

Across the roadway, and near to the scene of the flaming big rig accident, a motorcycle crashed into a semi truck. The motorcycle rear-ended the tractor-trailer: however, amazingly, no one was seriously injured in this wreck. The truck driver was not hurt; the motorcyclist suffered only minor injury.

That is FIVE big rigs in three wrecks on I-70 within a few hours’ time. What’s Being Done?

It’s well known that Interstate 70 is one of main big rig roads in this country, rivaling I -80/94 through Northwest Indiana just south of Chicago: I-70 carries a huge amount of truck traffic through Illinois and Indiana, and beyond.

Last year, Missouri was pondering creating 200 miles of I-70 as “truck only” traffic – moving the big rigs into separate lanes, as well as giving them their own interchanges and bridges. However, the Missouri Department of Transportation did not get much support for the plan and it’s come to naught.

Perhaps Illinois and Indiana should consider a similar plan?

Federal Appeals Court Finds Illinois Law Applies To Retaliatory Discharge Lawsuits, Placing Bigger Evidence Burden on Plaintiffs

August 5th, 2010 by admin

On July 15, 2010, the United States Court of Appeals for the 7th Circuit released its opinion in Gacek v. American Airlines, Inc., No. 09-3131 (July 15, 2010) – and it’s big news for plaintiffs seeking justice from evildoing employers. The news isn’t good.

Illinois Retaliatory Discharge Plaintiff’s Burden of Proof

In the case, the Seventh Circuit considered Illinois workers suing for justice in federal court after being harmed for retaliatory discharge.

What is retaliatory discharge? In some jurisdictions, it’s known as “wrongful discharge” or “wrongful dismissal” and it happens when someone is fired without good cause as the employer retaliates against them – firing them in response to an action that the worker has taken. Whistleblowers, for example, risk retaliatory discharge by their employer.

In this month’s decision, all the 7th Circuit justices agreed, issuing a unanimous opinion written by Judge Posner which states that the legal standard in these lawsuits is not the federal standard used in federal court pursuant to McDonnell Douglas Corp. v. Green, but instead the Illinois state law standard which requires a plaintiff to prove causation.

What’s the difference? Under the federal standard found in McDonnell Douglas, the plaintiff only needs to show the employer’s reasons for firing the plaintiff were just pretext — unworthy of belief. That’s a lesser burden than having to prove causation.

Gacek and the Erie Doctrine

In the Gacek opinion, Judge Posner notes that in Clemons v. Mech. Devices Co., 704 N.E.2d 403, 407-08 (Ill. 1998), the Illinois Supreme Court rejected the McDonnell Douglas standard because the state high court was “… unwilling to expand the tort of retaliatory discharge by reducing plaintiff’s burden of proving the elements of the tort.”

With this precedent in place, the opinion relied upon the longstanding Erie doctrine which requires the federal courts to apply state law in substantive issues that come before it. The 7th Circuit felt legally bound to adhere to the Illinois Supreme Court’s rationale in Clemons.

No word yet on whether or not the decision will be appealed.

Apple Jacks, Corn Pops, Froot Loops, Honey Smacks: Do Recalled Kellogg’s Cereals Contain Carcinogen?

August 3rd, 2010 by admin

Bright and early this Monday morning, the news services are reporting a Washington Post story that a toxic poison commonly found in mothballs, 2-methylnaphthalene, may be the culprit behind the 28,000,000 boxes of Kellogg’s cereal recalled on June 25, 2010 (read the voluntary recall from Kellogg’s here).

This flies in the face of Kellogg’s recent press release, where the company blamed the cereal box liners for the strange smell that emanated from the recalled boxes of Apple Jacks, Corn Pops, Froot Loops, and Honey Smacks.

Kellogg’s already admits that eating the cereal may cause “temporary” nausea and diarrhea. If the Washington Post investigation is right, then ingesting the cereal means eating a known carcinogen – something known to cause cancer. That’s a big difference.

Do you have any of these cereals in your pantry?

Private Company Claims Governmental Immunity from Liability in Indiana Car Crash

July 29th, 2010 by admin

Governmental immunity isn’t a new concept. It’s a longstanding legal concept that the government coffers can be protected from financial liability for an individual’s harm, as part of the overall public good. All levels of government enjoy some level of “sovereign immunity,” from tiny municipalities and school districts, to states and the federal government.

However, over in Fort Wayne, Indiana, crafty defense counsel have come up with a new twist to the immunity defense. Now, a private company – not a governmental entity, but a for-profit corporation – is claiming governmental immunity as its own.

The private company contracted to lease the Indiana Toll Road for a period of 75 years.

Specifically, ITR Concession Co. paid almost $4 billion for the rights to operate the toll road on behalf of a Spanish-Australian consortium for 75 years. Now that someone has been seriously injured in a car crash on that stretch of roadway, ITR Concession is asserting that it has governmental immunity because what it is doing is essentially “governmental functions undertaken for the public purpose.”

That’s right. Public road under a private lease to a for-profit company acting as agent for two foreign corporations, and suddenly, governmental immunity?

Can a private company operating a toll road for the profit of a foreign consortium realistically claim governmental immunity?

It might be nice to read the language of that lease between ITR Concession Co. and the State of Indiana, to see if there is language regarding assumption of the risk, etc. (It’s being reported that immunity isn’t addressed in the contract.)

Will the governmental entity from where this immunity purportedly derives be considered to be a proper party to this federal lawsuit? Will it be held that any private lease of a public property implicitly carries immunity with it? A Chicago Federal Judge will decide.

Duty to Maintain

ITR has also asserted a claim that it properly maintained the road after a storm hit back in December 2008 when the car crash occurred. “No, we didn’t breach our duty to maintain.” Now, there’s a defense for you.