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Teen Traffic Accident Deaths Soar in Virginia During January 2012

Emily Mapp Brannon — Fri, 27 Jan 2012 12:15:18 GMT

The first month of 2012 has proved to be most deadly for Virginia teens. State police statistics highlighted by the private group Youth of Virginia Speak Out About Traffic Safety and law enforcement taskforce the Blue Ridge Regional Crash Investigation Teams indicate 11 people between the ages of 17 and 20 lost their lives in traffic accidents in just the first 24 days of the new year.

Fatalities among VA teenagers and young adults included six drivers and five passengers. Causes cited for the deadly wrecks were, in order of the most common, speeding, distracted driving and running off the road. A majority of the youngsters killed were not wearing seat belts at the time of the crashes, and alcohol use by the driver played a role in one of the fatal accidents.

These numbers are especially shocking when considered in light of the facts that just three teens died on Virginia roads during January 2011 and that fatalities among teenaged drivers and passengers hit record lows in the past two years. A representative crash occurred on January 23, 2012, in Franklin County, VA, when a 17-year-old driver lost control of her car while speeding on Booker T. Washington Highway/Virginia 122, crossed the center line, hit two vehicles traveling in the opposite direction, then ran off the side of the road and hit two more vehicles. A 17-year-old passenger in the car's front seat lost his life, and the driver and two other passengers sustained serious injuries. People in the struck vehicles were also hurt.

To prevent such tragedies, the safety and police organizations are urging teens to slow down, resist the urge to use cell phones to talk or text while driving, and always buckle up whether they are driving or riding. Parents and teachers also have key roles to play in providing driver training and educating young drivers about the dangers of ignoring posted speed limits and flouting laws banning cell phone use by drivers younger than 18.

This video from WAVY-TV 10 reinforces many of the teen driving safety messages:

Teen driver safety: wavy.com

As a Virginia personal injury and wrongful death attorney who has represented many victims of traffic accidents, I hope teens take these lessons to heart and the number of death among young drivers and passengers stop rising.

EJL

About the Editors: The Shapiro, Lewis & Appleton personal injury law firm, which has offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard as pro bono services.

Originally posted at InjuryBoard by Emily Mapp Brannon

Do NFL Players Understand the Risks of the Game?

Jim Lewis — Sat, 14 Jan 2012 18:57:14 GMT

Just before Christmas 2011, four more former NFL players filed lawsuits against the National Football League, claiming that brain injuries sustained while they were playing have left them with serious medical problems. This latest lawsuit adds to several similar suits involving more than 100 players that have already been filed across the country.

As reported by ESPN, the newest case was brought by Jamal Lewis (2000-2009, Ravens and Browns), Dorsey Levens (1994-2004, Packers, Giants, and Eagles), Fulton Kuykendall (1975-1985, Falcons and 49ers) and Ryan Stewart (1996-2000, Lions). The crux of their case, as with the others that have already been filed, is that the NFL has long known about the serious risk of concussion and long-term medical problems that the sport poses but did very little to warn players about those risks or to minimize them. In fact, the lawsuits allege that the NFL went further than simply not warning. According to the former players, the league pressured players who suffered concussions to return to the field during the very game in which their brain injuries occurred, taught players to hit with their heads and improperly treated concussions.

This latest lawsuit claims that as early as the 1920s, the NFL was aware of potential for concussions to cause long-term harm such as memory loss, headaches and sleeplessness. Yet, according to the court documents, it wasn’t until June of 2010 that the NFL went public with information about health threats and warned players and teams about the risks.

While the NFL is, of course, denying that it mislead players about the safety of profesional football, the lawsuits do cause us to wonder if the players would have committed to NFL careers had they known the full risks. Or, even had the players still chosen to play, what about the sport and contract negotiation might have been different -- for example, better salaries, more health insurance, better postretirement care, contracts that protect injured players more.

Hindsight is always 20/20, but If the NFL actually was concealing information about concussion dangers, then players didn’t really know what they were signing up for when they walked onto the field.

Originally posted at InjuryBoard by Jim Lewis

Recognizing Signs of Hip Implant Failure

Emily Mapp Brannon — Tue, 10 Jan 2012 11:14:42 GMT

DePuy ASR hip implants made news after failure rates skyrocketed worldwide. The rash of patient problems can be traced to the fact that the implant was never tested or approved before being marketed. Now, thousands of people are again facing painful hip replacement surgeries. Though the DePuy hip implant has been recalled, for many people, the damage has already been done.

It is important to recognize and identify hip implant failure. The U.S, Drug Watchdog says that “because many individuals who received an ASR DePuy hip implant do not want to go through a painful hip replacement surgery, also called revision surgery, they do not complain. Because of this, we are strongly encouraging family members or loved ones of anyone receiving a hip implant between 2005 and early 2010 to ask if it was a ASR DePuy hip implant."

DePuy hip implants were marketed to younger adults who are active and athletic. So thousands of ASR hip implant victims may be disinclined to complain about the pain their hip implant might be causing. Some signs of trouble to watch for include pain in the hip region, problems while walking and swelling of the hips. If you or someone you love has had a hip replacement device implanted and is experiencing any of these problems, consult a doctor immediately.

Get the answers to your questions about the DePuy ASR hip implant recall on our firm's website.

Originally posted at InjuryBoard by Emily Mapp Brannon

Unfairness of Binding Arbitration Highlighted in Blackwater Contractors' Wrongful Death Suit

Richard N. (Rick) Shapiro — Mon, 09 Jan 2012 13:05:46 GMT

The recent settlement of four wrongful death lawsuits brought by family members of military contractors killed in Fallujah, Iraq, during March 2004 for about 2 percent of the $30 million originally sought disappointed but did not surprise me. As a Virginia (VA) personal injury attorney, I generally do not support arbitration in most disputes such as those involving credit card charges. I definitely oppose arbitration for work injury or death resolutions because employees face little chance of receiving fair compensation.

Each of the contract employees for Blackwater, which has subsequently operated under the names Xe and Academi, did agree to such terms, and that seemingly inconsequential decision ended up leaving their survivors with too little money to even pay the fees for the lawyers and arbitrators who worked on their behalf.

The basic unfairness of arbitration for workers and their loved ones is best summed up in a 9-point list published by the People Over Profits Grassroots Action Center, Combining the first five items on that list with details on the arbitration process in the Blackwater wrongful death cases drawn from the Virginian-Pilot highlights why the families pretty much could not win.

Costs Are High: Injured parties are required to bear at least half the costs of arbitrators' time, which can be billed at as much as $300 per hour. Blackwater had initially covered the full cost, but the company stopped paying the plaintiffs' share in 2010. Eventually, the arbiters, as they are allowed to do, dropped the case because they weren't getting all the money they charged. This forced the case back into the court of the same federal judge who had ordered the case to arbitration in the first place.
Biased Arbitrators: Companies, rather than plaintiffs, choose arbiters. Blackwater named a former CIA and FBI director who also had financial ties to the defense contractor as one of the three arbiters.
Limited Discovery: Many of the facts that would have helped the families show that Blackwater put its employees in harm's way by ignoring security restrictions would have been classified. But because arbitration rules already limit plaintiffs' rights to subpoena information and compel testimony, the four contractors' family members went through the process with substantially less information than Blackwater and its lawyers had.
Prohibition of Class Actions: It's unclear whether barring arbitration participants from joining a class of injured parties would apply in this case. At the same time, it is undeniable that a successful outcome for the plaintiffs would have been a valuable precedent for the thousands of contractors injured and killed while serving the U.S. military in Iraq and Afghanistan.
Inconvenient Locations: Blackwater is based in Moyock, North Carolina (NC), but it can order that arbitration hearings be held anywhere. Even if those hearings are set in North Carolina, travel, time off work and other expenses would be incurred by the plaintiffs and their representatives.

It's worth noting that Halliburton defense contracting subsidiary KBR also succeeded in using arbitration rules as strategy for denying justice for one its employees. I've run out space to detail the physical violence and subsequent mental and financial injuries Jamie Leigh Jones suffered after being raped by fellow KBR employees in Baghdad. I can only point you to her harrowing story here and note with disgust that the court that finally heard her lawsuit ruled against her and ordered her to pay hundreds of thousands of dollars to KBR for legal fees.

Considering all this, it's little wonder that People Over Profits maintains an extensive library of Arbitration Horror Stories.

EJL

About the Editors: The Shapiro, Lewis &i Appleton personal injury law firm, which has offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard as pro bono services.

Originally posted at InjuryBoard by Richard N. (Rick) Shapiro

Police Recruit in Norfolk, VA Treated for Head Injury

Jim Lewis — Fri, 06 Jan 2012 16:03:36 GMT

A police recruit in Norfolk, Virginia (VA), was knocked down during a training session and had to be taken to the hospital, according to the Virginian-Pilot. Doctors diagnosed the recruit with a mild concussion. What will probably surprise people is that the recruit was not actually hit in the head. He was knocked to the ground on his buttocks.

The recruit’s concussion highlights the fact that direct contact with the head is not specifically required for someone to suffer a head injury. The impact of a fall where another section of the absorbs the direct force can still have repercussions for a person’s brain.

The injury to this Norfolk police recruit is also a haunting reminder of the tragic death of John Kohn, who died from a brain hemorrhage after suffering multiple blows to the head by a police instructor.

I am handling the wrongful death lawsuit filed on behalf of Kohn's widow. It is currently pending in Norfolk Circuit Court.

The one bright spot in this tragic situation is that the Norfolk Police Department made changes to its training procedures after Kohn's death, including banning intentional strikes to the head and emphasizing the importance of identifying and reporting possible injuries of recruits.

Originally posted at InjuryBoard by Jim Lewis

NHTSA: Prepare Your Vehicle for Winter Road Trips

Jim Lewis — Wed, 28 Dec 2011 16:22:15 GMT

With families all across the country making their way to visit family and friends during the winter holidays, bad weather often interferes with what should be pleasant road trips. So it's important to be as prepared as possible.

The National Highway Traffic Safety Administration has issued a reminder to all drivers to check their cars and take precaution before hitting the highway. First and foremost, the agency recommends having your vehicle tuned up. Also, have your car checked by a mechanic for any leaks and needed repairs. Check and double check your battery; when the temperature drops, so does battery power.

Another important thing to check this time of year is your cooling system. Coolant expands when it freeze, and that expansion can damage your car's engine block. Double check that you have enough coolant in your car, and that it's designed to withstand freezing temperatures. If you haven't flushed your coolant system in some time, do so as soon as possible. Coolant needs to be refreshed to remove dirt and rust that can clog the system and cause it to fail. Experts recommend flushing the system every few years.

Checking over all of these things is a great way to prepare for a winter road trip. Also make sure to pack a blanket, bottled water and nonperishable food items in your car. You never know when winter weather could leave you stranded. But by preparing your vehicle ahead of time, you'll save yourself a lot of stress.

Originally posted at InjuryBoard by Jim Lewis

NHTSA: Prepare Your Vehicle for Winter Road Trips

Jim Lewis — Wed, 28 Dec 2011 16:21:44 GMT

Originally posted at InjuryBoard by Jim Lewis

Day Care: Protecting Our Most Precious

Kevin Duffan — Fri, 23 Dec 2011 10:45:46 GMT

One of the toughest decisions most parents are faced with is leaving their young children with a day care provider. Many factors need to be considered before choosing a day care. While researching, one of the most important questions to ask is what responsibility the day care facility holds should your child be injured in their care.

Liability laws vary from state to state. For this reason, if your child has been injured or you suspect negligence, you should consult a personal injury lawyer who will be familiar with your state’s liability laws.

North Carolina statutes, for instance, state, “The state should protect children in childcare facilities by ensuring they provide a physically safe and healthy environment.” To achieve this level of protection the following elements are required:

Mandatory licensing of child care facilities
Promotion of higher quality care through the development of enhanced standards with operators may comply on a voluntary basis
A program of education to help operators improve their programs while deepening public understanding of child care needs and issues.

Duties of Day Care Operators

Most day care centers must meet mandatory licensing; therefore, ask to see the license of any child car provider you consider. Holding a license means a facility met minimum standards during its last inspection for safety, sanitation, staff and special services. It is important to note, however, that meeting minimum standards does not guarantee quality child care.

Day care centers have a duty to protect children from harm, but that duty is not absolute and extends to dangers that can be reasonably prevented. “Reasonable dangers” are those hazards that the center can control and keep children away from. In simple terms, that means parents will have to show that the center failed to reasonably care for the child and that the centers actions (or inactions) resulted in an injury. An example: A center is required to remove electrical hazards, since parents are subject to this same expectation at home.

If your child is injured and requires immediate medical attention, the center must call your child’s medical doctor and take the child to the nearest emergency room or call an ambulance. This is why the parent is required to give the facility authorization for emergency medical care.

Most day cares also provide incident reports for minor injuries that occur at the center and have the parent sign off on those reports. And the same is true if a child comes to the center with an injury that occurred at home.

Day Care Injury Statistics

An estimated 200,000 children suffer injuries at day care facilities yearly, according to the Centers for Disease Control abd Prevention. The CDC further notes that the most common injury at day care centers are falls, particularly on the playground.

Originally posted at InjuryBoard by Kevin Duffan

Tort Reformer Dream or Nightmare: Burns From Spilled Microwavable Soup Containers Mount

Richard N. (Rick) Shapiro — Mon, 19 Dec 2011 09:55:32 GMT

Microwavable soup containers are causing burns to toddlers and adults, according to doctors working in hospital emergency rooms. What follows is a friendly discussion between two tort experts at a local diner.

Tort Reform Tom: I can’t believe this. These greedy so-called "victims" are suing for spilling hot chicken soup from a microwavable container all over themselves!

Safety Sam: Of course the victims are suing. What do you expect them to do when a bunch of medical journals have reported for at least 5 years that many of the microwave containers that hold chicken soup or noodles are spilled on 3 year olds, giving them burns requiring hospital care?

Tort Reform Tom: This is what I’m talkin’ about: Every time someone gets hurt and it’s their own fault, they want to blame someone else like the product sellers. We need tort reform to protect the microwavable container manufacturers and the sellers from frivolous burn lawsuits. People burn people, not hot microwaved noodles.

Safety Sam: So, Tom, I take it you just want to padlock the courthouse doors and give immunity to all of the manufacturers and sellers no matter what they sell, huh?

Tort Reform Tom: What I am saying is it’s not the hot container that’s dangerous. It’s the parents and their little kids who spill the hot soup or hot noodles all over themselves. That’s why we need to give tort reform to these sellers.

Safety Sam: Does it matter that you might be a little biased because you run a manufacturing company?

Tort Reform Tom: That has nothing to do with it. I'm creating jobs, and my business needs to compete with Chinese companies and all the rest of them. Our jackpot justice system is bringing us down.

Safety Sam: So let me get this straight. Even if hundreds of kids go to hospitals with burns because the shape of these microwavable containers makes them so easy to knock over, you don’t think the seller or manufacturer has any responsibility?

Tort Reform Tom: That’s right. You’ve got to draw the line somewhere.

Safety Sam: Well, what about if the remedy is really simple, like simply making the containers shorter and fatter instead of tall and thin?

Tort Reform Tom: That’s going to cost the manufacturers and sellers a lot of money. An, anway, a design change doesn't stop the suits from being frivolous. No matter what the soup or noodle container loos like, the consumer still has to cause it to tip over and get the stuff on their skin to suffer a second-degree burn.

Safety Sam: Tom, sometimes I think you like to spout off but don’t think about stuff that can happen.

Tom’s cell phone rings. It's his wife.

Tort Reform Tom: Susan, have you bought Amanda any of these Cup Noodle Soup containers these frivolous burn lawsuits are being filed over?

Susan: Hey, that Cup Noodle is my favorite soup, and I’ve been feeding it to Amanda for months. Why?

Tort Reform Tom: Don’t buy that soup anymore. I've been talking to Sam about a bunch of lawsuits over kids getting serious burns.

Susan: Why didn’t you tell me about this before?

Safety Sam: Tom, you sound a bit like a hypocrite to me.

Tort Reform Tom: There’s a difference between the frivolous lawsuits and what I’m talking about with Susan. I am not a lottery plaintiff, and I am just trying to prevent anything from happening in the future.

Editor’s note: In December 2011 National Public Radio highlighted the dangers of burns from spilled microwavable soup containers because of the ease with which they are knocked over. NPR canvassed hospitals nationwide and found that three to six burn cases each week involved spilled noodle or soup containers. Another report in a peer-reviewed medical journal also highlighted this danger..

When a way to reduce a known and serious injury risk is as readily available as simply changing the shape of a container, the reason the tort system works becomes apparent. Because the economic penalty placed on manufacturers and sellers who refuse to make easy fixes to protect consumers can be so high, companies have motivation to make positive changes to their products.This salubrious effect of the civil tort system is unmatched anywhere outside the United States.

Originally posted at InjuryBoard by Richard N. (Rick) Shapiro

Cell Phone Driving Ban: An Idea Whose Time Has Come

Richard N. (Rick) Shapiro — Wed, 14 Dec 2011 14:34:30 GMT

The National Transportation Safety Board on December 13, 2011, made a welcome, and long-overdue, recommendation to ban all cell phone use by drivers.

The trigger for the statement were findings from an investigation into a 2010 chain-reaction accident in Missouri (MO) that left two people dead and 38 others, including many school children, badly injured. Investigators discovered that the pickup driver who caused the fatal crash and also lost his life had sent and received 11 text messages on his handheld cell phone in the minutes immediately preceding the wreck.

The deadly dangers of texting and driving have been recognized for many years, of course, and my home state of Virginia (VA) is one of 35 that restricts some uses of cell phones by drivers. The federal government, for its part, already enforces bans on texting for train operators, drivers of government-owned or leased cars and trucks, and, soon, commercial truck drivers who cross state lines.

The NTSB cannot issue regulations, and any federal laws regarding cell phone use would apply only to interstates and commerce between states. So states would have to enact new laws to limit or eliminate talking or texting on electronic devices while driving. Making those changes would be worth the effort. As NTSB Chair Deborah Hersman said when announcing her agency's recommendation, "No email, no text, no update, no call is worth a human life."

A complete ban on using cell phones behind the wheel including hands-free devices, would undoubtedly change the way I do business as a Virginia personal injury attorney. The change to traffic laws would mean I could no longer speak with clients as I drove to court hearings, depositions and other appointments. The ban would also mean I could no longer use my drive times to check in with my wife and children. Still, and again as a lawyer who has represented hundreds of victims of distracted drivers who have caused rear-end collisions or crossed into lanes of oncoming traffic, I know that few laws would do more to help ensure drivers keep their eyes and minds on the road than an across-the-board prohibition of cell phone use while driving.

I am willing to heed the advice of the NTSB, and I realize that only a TOTAL ban would leave no temptations to circumvent the law. I have friends who live in states with total bans, and guess what? Their lives did not change for the worse. All the difference they saw was a decrease in their chances for dying as a result of cell phone or smartphone use.

EJL

Originally posted at InjuryBoard by Richard N. (Rick) Shapiro