In the past we have discussed the danger of aggressive sports like football and hockey. Recently we have seen class-action lawsuits filed against the NFL by players and families of players who've been negatively affected by brain injuries sustained on the field. But brain injuries are not just the result of professional sports; they are a threat at the high school level as well.
]]> Last August, an Alabama freshman wound up in the center of a three-man tackle during practice. Though a tackle is a common football maneuver and it might seem harmless, this one was not harmless for the teen. That mere practice has left him with a brain injury that has significantly affected his young life, leaving him in need of continued medical attention.The victim has seen various doctors throughout Alabama but his family is hoping to get him somewhere out of state where he can get even more specialized attention. His memory has been damaged because of the brain injury and it has been only recently that he has been able to walk again.
It's scary to think that all of this stress and more that come with this sort of severe injury are the consequence of a tackle during high school football practice. So many kids participate in school sports and could land in the middle of an aggressive play. No one is going to put a complete stop to football. That means that parents, coaches and medical professionals need to be hyperaware of the signs, treatment and recovery associated with concussions.
Source: WAFF-TV, "Teen remains hopeful after sustaining brain injury," Jamel Lanee, May 11, 2012
]]>The Huntsville Times reports on a wrongful death case involving a widower who sued his deceased wife's doctor. His wife was sick and suffered from pain, pain that her doctor attempted to control with various prescription drugs. The widower alleged in his wrongful death case that the doctor was not careful enough with regards to prescribing drugs to his wife. Ultimately, his wife died from a prescription drug overdose at the age of 40.
]]> According to the Alabama lawsuit against the doctor, the patient who died in this case was prescribed the following prescription drugs: Valium, Xanax, Xanaflex, hydrocodone, trileptal, Demerol and Phenergan. The last two listed were to be administered through syringes and the patient was supposed to give herself the injections.The wrongful death lawsuit accused the doctor of failing to provide instructions on how to properly and safely use some of the medications. Also, the plaintiff believed that his wife shouldn't have been expected nor allowed to inject herself with her drugs. She supposedly didn't have the mental capacity, discipline or medical education to cope with the responsibility of her prescription drugs safely.
A jury in the case recently ruled in favor of the widower, awarding him $500,000 as a result of the loss of his wife to the negligence of her doctor. He probably won't be celebrating his legal success until he knows for sure that the defense's threat to appeal the wrongful death ruling doesn't move forward. The jury announced its judgment last Monday; the defense has 42 days from the verdict to file an appeal.
Prescription drugs can seem safe because they are prescribed by professionals whom patients trust. But they can be extremely dangerous without the proper instructions and guidance. Medical professionals as well as pharmacists need to remember that every day when they send someone home with a prescription.
Source: The Huntsville Times, "Jackson County jury awards $500,000 to widower for wrongful death of wife," Sarah Cure, May 7, 2012
]]>According to research from the Bureau of Labor Statistics, work injuries and even fatalities tied to the workplace are too common. Obviously, not all fields of employment are as dangerous as others, some of the most dangerous being agriculture, forestry and mining. The following are some facts about dangers in the U.S. workplace:
]]>What's particularly troubling regarding U.S. worker safety is that other countries are beating us by better protecting their workers. Countries such as Canada, Finland, France and more lose fewer workers on average to workplace accidents or illness, proving that the U.S. might want to put forth effort to increase safety within the workplace.
One way to potentially improve worker safety would be to increase the size of OSHA at both the federal and state levels. Currently, there is only about one OSHA inspector for about every 58,000 workers. It is no surprise that dangers in the workplace go unnoticed and unpunished until it becomes too late.
Source: AllGov, "13 Workers a Day Die on the Job...Not Including Work-Related Disease," May 8, 2012
]]>The 25-year-old drunk driving suspect has lost her boyfriend and faces criminal charges as a result of the DUI accident. What has many in the community particularly frustrated with this incident is that it wasn't the suspect's first time getting caught driving under the influence.
]]> The fatal accident that threw her boyfriend from the car in April was at least the third time that the homicide suspect had driven drunk. According to her criminal history, she was convicted of drunk driving two times last year. Apparently, those arrests and the sentencing she faced wasn't enough to kick her deadly habit of drunk driving.Some in the Alabama public look at the recent DUI accident and wonder why the suspect was on the roads at all. Shouldn't she have been in jail? Shouldn't she have had her driver's license suspended?
As for jail time, Alabama only requires mere days (less than one week) of incarceration for a second drunk driving offense. That's why the suspect was living in the community and not behind bars.
Regarding why the suspect was allowed to drive, she actually should not have been driving. Legally speaking, she obviously shouldn't have been driving because she was drunk, but beyond that, her second DUI arrest led to sentencing that was supposed to prohibit her from driving. When the recent drunk driving crash occurred, she was driving with a revoked license.
News sources do not report many details about the suspect's past DUI arrests. There's no indication that her drunk driving has ever led to injury or death, until now.
Not only will this most recent wreck lead to more severe criminal charges against the driver, but the victim's surviving family could potentially find reason to file a wrongful death lawsuit. That civil case might be tough, however, because the victim potentially knew that his girlfriend was intoxicated when he got into the car with her. It's a different legal situation compared to a multi-vehicle drunk driving accident.
Source: Local 15 News, "Mobile Woman Charged in Fatal DUI Wreck in Court Thursday," May 2, 2012
]]>Crash statistics from 2010 show that Friday afternoons and evenings are extremely dangerous with regards to traffic safety. The majority of Alabama car accidents that occurred during 2010 occurred on Fridays between the hours of 3:00 PM and 6:00 PM. And that danger continues on Saturdays, according to research.
]]> In 2010, there was a reported total of 128,383 Alabama car accidents, 23,254 of which occurred on Fridays. The reasoning behind Friday danger is that drivers are often in a hurry to celebrate the end of the workweek. They are likely driving while planning their weekends either in their heads or over their cell phones. That distracted driving unsurprisingly results in an increase rate of wrecks.Saturdays in 2010 might not have seen as many crashes as Fridays, but the crashes that did occur were more severe. The most fatal accidents occurred on Saturdays between 3:00 PM and 7:00 PM. The Center for Advanced Public Safety at the University of Alabama didn't clearly state why more accidents were fatal on Saturdays, though the suspicion that alcohol has something to do with the level of danger seems logical.
There are more people on the roads these days. Combine that with the reality that people are more stressed, busier and addicted to distractions in the car, and this post should serve as a reminder to focus on the road while driving this afternoon and this weekend.
Source: Times Daily, "Research finds deadliest times to be on roadway," Tom Smith, April 30, 2012
]]>An Australian case began when a family went to eat at a KFC and one of the children became seriously sick. She had suffered from salmonella poisoning, reportedly from bad chicken. A judge recently ruled in favor of the family in the personal injury case, holding the KFC responsible for the brain damage that the victim has to live with.
]]> The victim was 7 years old when she went to the fast food chain and became severely ill. She was in a coma for several months, which ultimately led to the brain damage and quadriplegia that affect her even today, about five years later. The injury has meant a significant amount of medical treatment that has reportedly drained the family's finances.Fortunately for the family, a judge ruled that KFC was negligent in serving the chicken that caused the victim's illness. The family was awarded more than $8 million in damages, which should help cover the medical expenses that have resulted from the inedible meal.
According to Fox News, KFC plans to challenge the ruling against them. They argue that the plaintiffs did not prove that bad food caused the child's injuries.
It can be too worrying to always find new ways of falling victim to negligence in the world. Brain injuries resulting from sports and traffic accidents are threatening enough. This case goes to show that negligence in any form can be life-changing to a victim and her family.
Source: Fox News, "KFC ordered to pay $8 million to girl left brain damaged after eating meal," April 27, 2012
]]>An Alabama family has learned that lesson in the hardest way after they were faced with tragedy on Monday night. Their two boys, ages 5 and 7, were found dead in their apartment pool. It didn't take the mourning family long to file a wrongful death lawsuit against the owners of the apartment complex.
]]> Property owners have a legal responsibility to keep the premises of their property safe. Providing that safety means owners must take the proper measures to ensure that pools are safe for apartment residents and visitors, including the children on the property.Exactly how the child victims in this fatal Alabama accident got into the pool is not disclosed. It is easy to imagine, however, how a pool would be a tempting place for kids to try to get to and play in. If the proper safety measures were not in place, it isn't a surprise that kids would end up getting hurt or as in this incident, killed.
The parents are suing the owners and management of the apartment complex, claiming that the defendants failed to keep the pool area in a reasonably safe condition. They allege that building codes were violated and that proper gating wasn't in place. That supposed negligence, according to the lawsuit, led to the preventable loss of the two children.
Parents do have much of the responsibility on their shoulders to keep their children safe. Creating an overall safe world for kids is a team effort, however, and property owners play a big part in that.
Source: WSFA 12 News, "Drowning victims' family files wrongful death suit," John Shyrock, April 25, 2012
]]>So far, Alabama is not on the list of states with anti-texting laws. That puts our community members at risk of becoming victims of distracted driving accidents. Some lawmakers believe that passing a traffic law to prohibit texting while driving would prevent such crashes, and a proposed law was recently approved by the Alabama Senate.
]]> Before the Alabama anti-texting proposal moves forward, however, it needs to be okayed by not just the governor but again by the House. They approved a version of the anti-texting bill but the Senate amended it somewhat. Those changes include allowing drivers to text for emergency services, GPS purposes and while stopped at a red light.The House needs to approve those changes, and it isn't a given that it will. Some argue that drivers should pull over when needing to access GPS information or otherwise text for non-emergency purposes. When texting at a red light, they argue, a texting driver could fail to pay attention to the light or traffic ahead of him and cause a holdup or an accident.
The fact is that drivers have gotten by fine for decades without texting in the car. When an emergency presents itself and a driver must use his or her phone, why should it be seen as such a bother for them to have to try to pull over before texting? Or perhaps a driver could have a passenger text the oh-so-important information, allowing the driver to keep his focus on the roads.
These are all concerns that lawmakers and the debating public will try to iron out before the legislative proposal moves on to become law. We will post an update if there is a development with this bill.
Source: Associated Press, "Alabama Senate passes ban on texting while driving," Phillip Rawls, April 24, 2012
]]>Even for employees with "safe" office jobs, accidents can take place. But as one window washer recently experienced, a fall from 13 stories up can be serious. The man, who was cleaning the Children's of Alabama hospital, fell when he stepped onto a platform outside the building. His safety equipment malfunctioned, and failed to save him from falling.
]]> Although his gear didn't keep him from falling, it slowed his descent significantly and the man landed into freshly planted bushes and mulch that helped to break his fall. The window washer was conscious after the incident and was taken to the hospital, where he is recovering.The construction firm that the man worked for is working to ensure, "the highest safety practices are in place." A spokesperson said that, "Our foremost concern is the health and well-being of our co-worker."
In instances such as this, the injured employee may be liable for workers' compensation benefits that would allow him to seek the medical attention he needs to heal. Although many workplace accidents aren't this extreme, if you were injured on the job speaking with an experienced personal injury attorney is the best way to work toward the compensation you need so that you can get back to work as soon as possible.
Source: The Washington Post, "Window washer survives 13-story plunge from hospital tower in Ala.; landed in bushes, mulch," April 13, 2012
]]>Although the facility is in another state, he hopes to help people with spinal cord injuries across the country, including those in Alabama. The facility will help people after they leave the hospital. Many people might not get the treatment they need to continue recovering after their initial hospital stay.
]]> People living with spinal cord injuries in Alabama might feel hopeless after an accident. They might not know where to turn, or they don't think they will be able to afford the kind of care that could significantly help their lifestyle.If someone suffers a spinal cord injury because of another person's negligence, they might be wise to speak with a personal injury attorney. The person who is at fault for the accident might be held accountable for the medical bills and future rehabilitation costs that are needed. If people are able to get the proper care that they need, those with spinal cord injuries can still live very fulfilling lives. Working with a rehabilitation center might be a way to retrain the nervous system and make significant progress in recovering from injuries.
Source: The Huffington Post, "Janne Kouri, NextStep Fitness: Life-Altering Moment Leads To Life Calling," Janean Chun, March 27, 2012
]]>Officials overseeing the above-mentioned case had a hard time agreeing on the answer to that question. But ultimately, a judge ruled in favor of the plaintiff who was injured in her motel room while on a work trip. She was having sexual intercourse with someone in her motel bedroom when a light fixture fell and injured her.
]]> Initially, the plaintiff's federal government rejected her compensation claim and so did an appeals court. Essentially, they didn't see the injury as the result of work-related activities. A judge more recently disagreed, however, suggesting that the plaintiff's sexual activity at the time of her injury doesn't nullify her claim to benefits.The plaintiff was at the motel because of a work meeting that she had in the area. She wasn't doing anything illegal when she was injured. If she had been watching television or reading a book when the light fixture fell, the reality would be the same. She was at the location and in the line of danger because of her work trip; therefore, she is entitled to receive workers' compensation benefits.
What do you think about this case? Did the judge ultimately rule how you think he should have? Why or why not?
Source: BBC, "Australian wins compensation for work trip sex injury," April 19, 2012
]]>Tax day leads to relatively dangerous roads throughout the country. There are some theories as to why more fatal wrecks occur on tax day, but no matter which theory is true, the most important point to focus on is how we as individuals can prevent car accidents tomorrow and on tax days to come.
]]> Reuters reports on the study that appears in the Journal of the American Medical Association. Researchers compared the rates of fatal motor vehicle accidents and found that the rate increases by 6 percent on the last day when taxes are due, which is April 17 this year -- tomorrow.The following are various theories regarding the increased crash rate:
The rate of fatal accidents on tax deadline days is similar to the increased rate on Super Bowl Sundays. Too much fun on the game day leads to DUI accidents, while too much stress and distraction leads to accidents on tax day.
Though the reasons behind the increased accident rates during those days are different, the lesson is the same: Traffic safety must be a top priority every day of the year. Irresponsible driving is deadly whether it is fueled by alcohol or stress. Drive safely tomorrow and buckle up.
Source: Reuters, "Another grim link between death and taxes: fatal car crashes," April 11, 2012
]]>Brain injuries are unique in that victims of such injuries may instantly lose the capacity to practice sound judgment, but the ability to recover decision making abilities is also extremely slow. A blow at any portion of the head can impact all portions of the brain and not just the area where the blow was received.
]]> For these reasons brain injury will likely have a more profound effect upon family members than other types of injuries in that family members will have to be more engaged in the patient's medical treatment. Medical staff members will need to understand that they must seek such input as well.Since family members will play such an important role in the treatment and possible recovery of patients suffering brain trauma due to an accident, such family members will need advice and guidance concerning the many decisions that they will have to make. Without question every decision they make they will want to base upon the best interest of the injured relative, but such a burden brings along with it the fear of mistake. Attorneys experienced in helping out injured individuals can provide counsel for such family members and possibly provide avenues for recovery as well.
Brain injuries are some of the most unpredictable types of injury in existence. Some patients recover and some remain impaired over the long term. To adequately compensate victims of such injuries and their families, such unpredictability must be taken into account before any settlement can be reached with negligent parties.
Source: Al.com, "UAB researchers find traumatic brain injury affects medical decision making," by Jeff Hansen, April 12, 2012
]]>According to an Alabama doctor, "Alabama is second in the nation in the number of teen driving deaths." That doctor's desire to change that statistic is shared by many in the state, traffic safety and public health advocates nationwide. A grant from Allstate will go toward preventing motor vehicle accidents involving young drivers.
]]> The Press-Register reports that Alabama is the recipient of a $25,000 grant specifically meant to address safe teen driving. The money will fund a campaign put together by various Alabama organizations, including the Alabama Chapter of the American Academy of Pediatricians and the Alabama Department of Public Health.While many safe driving initiatives address parents or traffic laws as means to improve teen driving safety, this campaign is somewhat different. The Alabama campaign reaches out to local doctors and pediatricians who work with young drivers. Those behind the program believe that doctors who work with young patients and their parents are in a natural position to raise awareness about safe driving.
Think about it. Doctors talk to their patients about proper diet, exercise, drug and alcohol use, sex and many more factors related to overall health. Research shows that an estimated 4,000 teens die in car accidents every year. Driving is a health risk that doctors should add to their list of must-discuss with their young patients and their parents.
Source: Press-Register, "Alabama gets grant to combat high rate of teen driving deaths," Casandra Andrews, April 12, 2012
]]>Recalls related to vehicles and the many parts that go into them are not uncommon. Many of us have gotten documents in the mail warning us to bring our vehicles in for a safety update based on a perceived danger. When such safety action isn't taken, however, and auto accidents occur, personal injury and wrongful death lawsuits against car manufacturers are filed. But why did an Alabama family's defective product lawsuit against Chrysler not go as they planned?
]]> The Wall Street Journal reports that a Chapter 11 bankruptcy restructuring plan approved for Chrysler in 2009 carried with it a protective detail for the auto manufacturer. A judge agreed that the bankruptcy could include protection from civil suits seeking punitive damages.What are punitive damages? Money awarded to plaintiffs in punitive damages is meant as a means to further punish a defendant. Other financial damages awarded to plaintiffs seek to repay them for a measurable loss. Personal injury and wrongful death lawsuits against Chrysler can still seek theses compensatory damages, but depending on when they bought their vehicle, plaintiffs will very well be limited to only those damages.
For product liability plaintiffs who bought their Chryslers before 2009, they cannot seek punitive damages. After a fatal Alabama accident in which a Chrysler van flipped, plaintiffs filed a wrongful death lawsuit against the auto maker. But the company's attorney used the bankruptcy protection as reason why the case would be transferred to bankruptcy court, which would complicate and slow the legal process. The case for punitive damages didn't move forward as a result of the roadblock.
This Chrysler stipulation is somewhat limiting with regards to seeking justice, but it isn't a reason for victims of defective products to assume that going after big companies is impossible. There are personal injury attorneys who are not afraid to take on big companies and fight for justice following an injury or death related to faulty design.
Source: The Wall Street Journal, "Chrysler Got Legal Shield in Chapter 11," Mike Spector, April 4, 2012
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