Wilmington Personal Injury Lawyer - injury

It's Rush Week In Colleges Across America - Let's Hope The Hazing Tradition Will Not Continue

Jean Martin — Tue, 15 Sep 2009 17:25:15 GMT

My niece at NC State University has been excited to begin Rush for her sorority. Being a member of a sorority or fraternity can build lifelong friendships and account for many college memories, but the actual pledging can cause apprehension and, unfortunately, sometimes death. One truly has to wonder why they call the end of the pledge period "Hell Week."

Hazing is a terrible tradition, that is supposedly forbidden on college campuses, but the evidence is that it is happening in secret. Seriously, if you are the new pledge joining a fraternity or sorority, you do not want to be the known as the kid who blew the whistle and was denied membership and ostracized by everyone on campus. That's simply too much pressure to put on a teenager in a new place, away from home for the first time, and trying to come into their own.

But somehow we need to get the message across that hazing is wrong and can have serious consequences. Just ask the family of Harrison Kowiak who died after a brain hemorrhage resulting from a head injury suffered during a hazing ritual. This bright, young man, a student at Lenoir-Rhyne University, had pledged the Theta Chi fraternity. A lawsuit recently filed by his parents alleges that Harrison was repeatedly tackled by members of the fraternity as he was made to cross a field in the dark of night. Many of these fraternity members had 100 pounds on Harrison and were pros at tackling given their football experience. Unfortunately, the blows to the head were too much for Harrison and he died the following day.

This is not an isolated incident. Just ask Jane and George Starks whose son Michael died last of alcohol poisoning at Utah State University during an alleged hazing incident. They filed lawsuit last month alleging that the University had turned a blind eye to "a culture of drug and alcohol abuse" at the Sigma Nu fraternity house.

I hope that college students across America have fun during Rush. It is an exciting time. But I hope that the pledges and, especially, the members of the sororities and fraternities will be careful and responsible. There's more than enough fun to have in college and hazing simply isn't the way. It's too dangerous and you are putting lives at risk. I hope that all fraternities and sororities will pledge to just say no to hazing.

Originally posted at InjuryBoard by Jean Martin

New Roof Crush Standards Are A Start But Do Not Go Far Enough To Protect Consumers

Jean Martin — Fri, 14 Aug 2009 12:32:24 GMT

The National Highway Traffic Safety Administration, or NHTSA, beat expectations recently by doubling the minimum roof crush resistance standard for most vehicles.
For the last three years, NHTSA toyed with a lower increase that would have had a negligible effect.

But beating low expectations doesn’t mean NHTSA has raised the bar enough for auto makers. Rollover accidents will still be deadly and preventable.

When the rules are fully in effect in 2017, vehicles weighing up to 6,000 pounds will have to withstand a force equal to 3 times their weight. Vehicles weighing 6,000 to 10,000 pounds will have to withstand a force of 1.5 times their weight, a measure known as a roof’s strength-to-weight ratio.

Of the 10,000 fatalities each year from rollover accidents, NHTSA attributes roof crush as the cause in 667. NHTSA expects the new rule to save 135 of those lives and prevent 1,065 nonfatal injuries each year.

Laudable as those goals may be—especially given a previous proposal to increase the minimum standard to just 2.5 times the vehicle’s weight for automobiles of 6,000 pounds and less—don’t be fooled into thinking this is the best the U.S. government could do to protect consumers. These rules will increase the cost of a vehicle by just $54. Yet compliance with the new standards would not even earn a vehicle the score of “acceptable” under roof-crush ratings published by the Insurance Institute for Highway Safety.

To be rated acceptable, a car must withstand a force of 3.25 times its unloaded weight. The threshold is ratio of 4 for a “good” rating.

NHTSA calls its new standard “tough.” Even the Institute called it “bold.”

Really? The standard puts most cars somewhere between “marginal” and “adequate” while requiring half that protection for drivers and passengers in many SUVs and light trucks. But the rule does beat expectations. The previous standard stood for 36 years, and NHTSA’s proposed upgrade in 2005 would only have increased roof resistance for lighter vehicles to 2.5 times their weight.

But research shows a strength-to-weight ratio of 2.5 would have minimal effect on auto fleets that mostly exceed that number anyway. The same research shows that a ratio higher than 3 is achievable and would dramatically improve safety.

A report by the Institute studied 12 small four-door passenger cars and crash data for those cars in 14 states. While NHTSA estimates its strength-to-weight ratio of 3 would save 135 lives, or just over 20 percent of the deaths attributed to roof crush nationwide, the Institute concluded that a ratio of 3.9 would save 32 percent of the lives lost in the 14 states it studied.

Not only does that result suggest that the NHTSA underestimates the impact of its new rule, it also demonstrates that the agency could have done much better by consumers--and so could auto manufacturers.

*Thank you to law clerk Cory Reiss, 3rd year student at Wake Forest University School of Law, who contributed this blog.

Originally posted at InjuryBoard by Jean Martin

Pitocin Cited As Cause of Brain Injury in Child

Jean Martin — Tue, 13 Jan 2009 17:22:06 GMT

A hospital in Illinois has agreed to pay $6.5 million to settle the case of a 7-year-old boy who allegedly suffered a brain injury at birth. The family had alleged that the obstetrician, as well as the labor and delivery nurse, failed to respond to the distress in the baby brought on by the drug Pitocin. In the lawsuit, the family argued that the baby experienced a low heart rate and reduced oxygen flow caused by Pitocin. As a result of the doctors and staff not responding to the baby's obvious distress, the child was born with metabolic acidosis and hypoxic ischemic encephalopathy. He has also been diagnosed with cerebral palsy and has limited mobility. Pitocin is administered to induce labor. There has long been a debate about the benefits versus the risks of Pitocin. No doubt the debate will continue.

Originally posted at InjuryBoard by Jean Martin

DOT Worker Dies After Being Crushed By Backhoe

Jean Martin — Tue, 10 Jun 2008 15:09:09 GMT

When my fellow IB partner Steve Lombardi asked me to join in a series of blogs about workers being accidentally backed over by fellow workers, I had no idea that the timing would be so ripe. Unfortunately, last week here in Wilmington, New Hanover county, North Carolina, we experienced such a tragic accident. Jimmy Lee Phillips, a long-time DOT worker, was killed after being struck by a backhoe operated by a fellow DOT worker. Mr. Phillips was standing behind the backhoe when it backed up and crushed him. The accident is still under investigation, but there is no doubt that Mr. Phillips' family is left with many questions.

One has to wonder if spotters were being used. Operators of heavy machinery often have their vision blocked, particularly in backing up. Were there workers who were supposed to be standing guard to prevent such accidents? Did the backhoe have an alarm that sounded when it was operating in reverse? Did the backhoe have such a mechanism, but it didn't work this time or had been dismantled? We often make jokes about such alarms, but they can save lives. Were workers given proper instructions and guidance as to the work that was going to take place and how the machinery would be moving about? Was there a proper work plan to ensure that workers would not be working in an area that was dangerously close to the backhoe? Workers on these types of job sites work in very confined spaces. Safety precautions are absolutely necessary to prevent such accidents.

Our hearts go out to the family of Jimmy Lee Phillips and to the operator of the backhoe as he undoutedly feels much anguish due to the tragic consequences of this accident. Hopefully this accident will serve as a wake-up call for workers and supervisors that proper safety precautions are necessary and equipment needs to be checked prior to each use to ensure that safety mechanisms are working properly.

Originally posted at InjuryBoard by Jean Martin

Accidentally Backing over a Fellow Construction Worker

Tate Hodges — Mon, 09 Jun 2008 09:10:19 GMT

Your first impression about this type of accident probably will be one of curious interest and inquisitive horror. After all, how often could this actually happen? Surely, there must be precautionary measures in place to ensure that one of the most traumatic construction accidents will never occur on any jobsite. However, a sobering realization is that this type of accident happens far more than we would believe.

The amount of catastrophic injuries and deaths has reached epidemic proportions. Highway and roadway workers are the most frequent victims of this hazard. To help reduce the amount of vehicular construction accidents, Congress has passed numerous regulations through the Occupational Safety and Health Act (OSHA). For example, adequate barricades, conspicuous clothing, and flag persons are required when a large vehicle is being operated on a construction site. Furthermore, OSHA requires an operable backup alarm if a vehicle is backing up. The lack of a flag person raises issues of supervision and adequate manpower. If a worker is injured as a direct result of failure to adhere to these standards, the injured person likely will have a strong legal claim.

In addition, if the injury is a direct result of a vehicle not operating properly, for example, a break malfunction, the injured may also have a product liability claim against the manufacturer or distributor of the vehicle. Product liability claims are especially helpful in obtaining recovery for the injured because unlike negligence claims, most product liability actions follow the legal concept of strict liability. In strict liability product liability actions, all the injured would need to prove is that the defective product was the proximate cause of the injury. Conversely, if the injury was a result of inadequate supervision, an OSHA violation, or the lack of reasonable care by a fellow construction worker, a negligence claim may arise against one or more responsible parties. Finally, workers compensation statutes can help the injured party obtain adequate compensation for costly medical bills, pain and suffering, past lost wages, and future diminished earning capacity. Products liability, negligence, and workers compensation claims are common issues that may arise in a lawsuit when a construction worker is backed over at a jobsite.

If you or a loved one has been injured from being struck by an operating vehicle on a jobsite, first, it is most important to report the accident immediately. Having a record of the accident immediately after it occurs is often required by law to have a legal claim. Second, it is strongly suggested to acquire an attorney who may help you in collecting important evidentiary documents, gathering witness information, serving the responsible parties with a lawsuit, and filing the lawsuit with the appropriate court. Although these types of injuries may seem rare, they do occur with some frequency, and it is important that you know your rights.

Originally posted at InjuryBoard by Tate Hodges

Shot With Nail Gun - An Increasingly Alarming Headline

Jean Martin — Fri, 30 May 2008 12:41:26 GMT

Young worker shot in head with nail gun

Worker shot with nail gun

These are headlines that I don't enjoy reading. I've read reports that as many as 100 people a day show up in Emergency Rooms with injuries due to nail guns. The Consumer Product Safety Commission says that over $300 million in medical care is spent each year to treat injuries due to nail guns. The situation is becoming so prevalent that even Hollywood is currently shooting a movie entitled Nailed about a woman who gets accidentally shot in the head with a nail gun. At least the early reports of the plot suggests that the woman, in this political satire, goes to Washington, D.C. to fight for the rights of the "bizarrely injured." I don't like the idea of poking fun at those injured by the dangerous tools, but I would agree that a campaign to warn people of the dangers of nail guns needs to be mounted. My InjuryBoard colleague Steve Lombardi has enlisted several of us to start this campaign within the pages of InjuryBoard. Steve started us off with an informative piece entitled "Useful Tools or Dangerous Weapons?" I think the answer to his question is that nail guns are both.

The fact is, more and more people are injured by these useful tools. Nail guns have made hand-nailing almost obsolete due to their quickness and efficiency. The biggest advantage of nail guns is their ability to rapidly fire a nail into a surface and do so repeatedly. However, the quickness and ease of the nail gun sometimes lures people into a false sense of security. Sometimes people use them in precarious situations, meaning perhaps not on stable footing, because they believe the job will be done quickly before they are able to fall. I f you happen to loose your balance just as you pull the trigger, it is possible to fire two or three nails into the same hole. Only the first one makes it in - the other two go off in random directions. Those other directions could be towards a co-worker or family member standing in the same room. An InjuryBoard colleague, Paul Jacquart recently posted about one of his clients who was hit in the head with such a nail when a co-worker was using a nail gun above him.

Nail guns are dangerous tools and must be used with an abundance of caution. To quote another InjuryBoard colleague, David Mittleman, folks must remember that nail guns are useful, but can be dangerous and deadly. Nail guns look easy to use, but we must read the manufacturer's instructions prior to using the nail gun. Wear safety glasses when using a nail gun. When moving about the work area, keep your finger OFF of the trigger. Never assume that the nail gun is empty and never point it towards someone and never use it above someone's head.

Even if you take all precautions, nail guns are still dangerous. Please read a great article by my InjuryBoard colleague Brooks Schuelke on the defective design of many nail guns that pose an inherent risk. As Brooks explains, there are two types of triggers used on nail guns - contact and sequential. The sequential trip-trigger makes unintentional firing of nail guns less likely. With nail gun accidents and injuries on the rise, I simply don't understand why more manufacturers are not using this type of trigger. Consumers, whether professional construction workers or do-it-yourselfers should pay close attention to the type of trigger used with a particular model. Read this safety bulletin that gives you tips on how you can tell which type of trigger you have.

As we enter the warm summer months and start more construction projects, please use all caution when using nail guns. If you or a loved one are injured by a nail gun, then please call an InjuryBoard member who can help you determine what legal rights you may have.

Originally posted at InjuryBoard by Jean Martin

Vytorin and Zetia - Consumers Ripped Off

Jean Martin — Mon, 31 Mar 2008 10:35:11 GMT

Doctors are being urged to cut their prescriptions of the popular cholesterol-lowering drugs Vytorin and Zetia in patients. A recent clinical study showed that Vytorin and Zetia were far more expensive yet far less effective than statin drugs. The study did not raise significant safety issues among patients treated with Vytorin, but did suggest that patients need not pay the higher cost for Vytorin because it is no more effective than the cheaper generic statin drugs.

Consumers have been duped and have been paying more for drugs that did not work as well as cheaper generics that they were already taken. Our firm is investigating potential consumer fraud claims on behalf of users of Vytorin and Zetia.

Vytorin is a combination of Zocor (manufactured by Merck) and Zetia (made by Schering-Plough). Vytorin and Zetia had more than a combined $5 billion in annual sales last year.

The study looked at whether Vytorin was better at reducing thickening of a neck artery than Zocor, an older statin drug that is readily available in generic form. The results found that showed neither drug affected the size of patients' artery walls even though they cut LDL, or so-called "bad" cholesterol, levels after two years on treatment. It was expected that Vytorin would have shown a small reduction in the plaque build-up in the arteries of artery walls because it lowered LDL cholesterol levels almost 30% more than levels were cut among patients on Zocor alone.

Some lawmakers have accused the manufacturers of delaying the results of these studies because the companies knew the results would be negative and would hurt the sales of Vytorin and Zetia. Both drugs cost more than Zocor, which is now available as a generic drug. The companies have denied the accusations.

Originally posted at InjuryBoard by Jean Martin

Yamaha Rhino ATVs Unsafe

Jean Martin — Tue, 19 Feb 2008 19:48:36 GMT

Since its introduction in 2003, the safety of the Yamaha Rhino has been called into question. With several fatalities, accidents, and serious injuries, the Rhino is considered among the most dangerous all-terrain vehicles (ATV) available to consumers. As an acknowledgement of the accidents that have occurred thus far, Yamaha offered to install doors on all Rhinos as an increased safety measure, free of charge. The doors are meant to prevent riders from sticking out arms or legs during rollover accidents.

The height of the Rhino combined with its narrow wheel base creates a high center of gravity, making the ATV prone to rollover accidents. Even when used at minimum speeds, the Rhino's disproportionate design makes it a hazardous vehicle to operate or ride in. Unlike other ATVs, the Rhino rolls over during turns even at low speeds on flat surfaces because it is top heavy, narrow, and the tires are too small.

Though Yamaha has made alternative safety measures available to customers, still no acknowledgement of responsibility has been made for a faulty design. Yamaha has merely made amendments to the Rhino owner's manual and has offered advice for safer operation. The Rhino is still currently available for purchase, despite its unsafe reputation. Those involved in the unfortunate accidents believed to be attributed to the poor design of the Rhino have suffered from a wide variety of injuries. From severed limbs and head injuries to broken bones and numerous deaths, the list of those who have experienced a traumatic event as a result of the Yamaha Rhino continues to grow.

Originally posted at InjuryBoard by Jean Martin

ATV Rollover Accidents - Yamaha Rhino's Defective Design

Jean Martin — Tue, 19 Feb 2008 18:53:25 GMT

Despite its unsafe reputation, the Yamaha Rhino ATV is still being sold. With several fatalities, accidents, and serious injuries, the Rhino is considered among the most dangerous all-terrain vehicles available. From severed limbs and head injuries to broken bones and numerous deaths, the list of those who have experienced a traumatic event as a result of the Yamaha Rhino continues to grow.

Unlike other ATVs, the Rhino rolls over during turns even at low speeds on flat surfaces because it is top heavy, narrow, and the tires are too small. Even when used at minimum speeds, the Rhino's disproportionate design makes it a hazardous vehicle to operate or ride in.

Though Yamaha has made alternative safety measures available to customers, Yamaha has not changed the basic design of the Rhino or accepted responsibility for the faulty design. Yamaha has merely made amendments to the Rhino owner's manual and has offered advice for safer operation. The Yamaha Rhino ATVs are dangerous and should not be used unless you want to risk being another statistic.

Originally posted at InjuryBoard by Jean Martin

Investigation Reveals Pharmacy Policies Cause Errors

Gary Shipman — Thu, 14 Feb 2008 16:02:21 GMT

An investigation by USA Today has revealed that pharmacy errors at the nation's largest drugstore chains, Walgreens and CVS, are caused by corporate policies requiring that pharmacists work long hours and fill prescriptions in as little as two minutes.

A study by Auburn University in 2003 projected that the odds of getting a prescription as the result of an error by the filling pharmacist was about 1 in 1,000, which amounts to roughly 3.7 million errors per year. The results of the study undertaken by USA Today demonstrates that the corporate policies that require that pharmacists fill a certain number of prescriptions each day and reward "fast work" contribute to pharmacy errors.

The chain pharmacies, such as Walgreens and CVS, fill so many prescriptions that pharmacists are forced to work long hours with few breaks. Some "guidelines" obtained by USA Today show that pharmacists are supposed to be able to fill prescriptions in as little as two minutes, which leaves no time to counsel patients about prescriptions. The watchdog group Institute for Safe Medication Practices believes that such policies place "speed above safety", citing an investigation in Massachusetts that substantiated 62 drug errors.

Chains are increasingly relying on pharmacy technicians, who don't possess the same degree of training as pharmacists, to fill prescriptions, and errors by technicians are not always detected. Bonuses are also paid to pharmacists based on meeting company goals for filling presriptions by the time promised to patients.

Shipman & Wright, LLP handles cases for patients who have been harmed by pharmacy errors.

Originally posted at InjuryBoard by Gary Shipman