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Boating Safety Tips for the Summer

Karl Truman — Mon, 01 Jun 2009 17:46:50 GMT

Now that summer is here many families and friends will be taking out their boats and heading down to the waters. While boating is a great summertime activity, there are certain precautions one must to take to ensure the safety of everyone on board and to ensure the safety of those sharing the waters.

The Kentucky Department of Fish and Wildlife Resources reported in August 2008 that last summer’s boating season resulted in the deaths of 5 individuals-the lowest in 5 years. This is a significant drop from 2007, in which 13 people lost their lives due to boating accidents.

In an effort to continue this decreasing trend in fatalities, the Kentucky Department of Fish and Wildlife Resources provides some helpful tips to keep families safe.

For example, persons must be 12 years of age or older in order to operate a motor boat or any personal watercraft that has 10 horse power or higher.

In addition, children from the ages of 12-17 must carry a Kentucky Safe Boating Certificate Card or in the alternative, have a certificate showing completion of a National Association of State Boating Law Administrators (NASBLA) boater education course.

In the absence of a certificate indicating completion of such a course, persons 12 years of age and under must be accompanied by an adult 18 years of age or older. This requirement includes not only motorboats, but personal watercrafts as well.

All children 12 years of age or under must wear a lifejacket if they are seated in an open portion of the boat that is in motion.

It is important to note that regardless of age, everyone should wear a life jacket and educate themselves on boater safety. The best way to accomplish this is to complete a boater safety course similar to those provided by the United States Power Squadron and the U.S. Coast Guard Auxiliary.

Originally posted at InjuryBoard by Karl Truman

Chinese Drywall Now Affecting Canada

Karl Truman — Mon, 18 May 2009 13:42:30 GMT

Homeowners in British Columbia and Vancouver have now joined the surge of Chinese Drywall claims. Chris Montgomery, of Canwest News Service, provided that:

Thomas Martin, president of America's Watchdog, says that in the past two weeks about a dozen Lower Mainland callers have all reported experiencing the same nose bleeds, breathing problems and allergy-type symptoms that have affected homeowners across the U.S.

Chinese Drywall is alleged to contain high level of sulfur, which releases a strong, rotten egg smell. The sulfur may cause insomnia, coughing, headaches, dizziness, and breathing difficulties. Homes in the United States were built with the Chinese Drywall, due to the shortage in drywall during the post hurricane season in 2004.

The AP reported that:

Shipping records indicate that imports of potentially tainted Chinese building materials exceeded 500 million pounds during a four-year period of soaring home prices. The drywall may have been used in more than 100,000 homes, according to some estimates, including houses rebuilt after Hurricane Katrina.

Michael Foreman, head of construction consulting firm Foreman & Associates in Sarasota, Florida, said he's been investigating drywall complaints in that state since last year and is sharing information with at least one group of lawyers preparing lawsuits on the matter. Based on shipping records, Foreman estimates the United States in 2006 and the first two months of 2007 imported enough drywall from Chinese manufacturers named in lawsuits to produce at least 50,000 homes at a size of 2,000 square feet each.

However, the use of Chinese Drywall is not limited to new home construction in Florida and Louisiana. Reports of its use has been found in homes in Georgia, Arizona, Texas, Nevada, Connecticut, Maryland, to name a few. Many states have implemented class-action lawsuits against the manufactures of the drywall.

It is currently unknown what, if any legal recourse Canadian citizens may take against the Chinese Drywall manufactures. However, it does appear that the Chinese Drywall issue has reached international importance and has dramatically impacted the lives of many families in both the U.S. and Canada.

Click here to get more information on Chinese Drywall from the Consumer Product Safety Commission (CPSC).

Originally posted at InjuryBoard by Karl Truman

Toys "R" Us Recalls 96,000 Cribs

Karl Truman — Tue, 05 May 2009 16:41:32 GMT

The U.S. Consumer Product Safety Commission reported yesterday that Jardine Enterprises announced its second recall of its wooden cribs.

The cribs are being recalled due to a potential strangulation hazardous. The U.S. Consumer Product Safety Commission provided:

The wooden crib slats can break, creating a gap, which can pose an entrapment and strangulation hazard to infants and toddlers

This is the third recall Jardine Enterprises has announced for its wooden cribs. The second recall came earlier this year in January 2009; in which three different models of the crib were cited as being a child safety hazardous due to the potential for strangulation.

Now, Jardine Enterprises is recalling seven models of its cribs for the same reasons. A majority of these cribs were sold at Babies "R" Us and Toys “R” Us stores across the nation.

The U.S. Consumer Product Safety Commission has requested that consumers stop using the cribs immediately and contact Jardine Enterprises to obtain instructions on how to receive full credit towards the purchase of a new crib.

Click here to access Jardine Enterprise’s recall instructions and to access the company's website.

Originally posted at InjuryBoard by Karl Truman

Family Smoking Prevention and Tobacco Control Act

Karl Truman — Thu, 11 Jun 2009 18:00:28 GMT

On Monday this week, the Senate agreed to give the Food and Drug Administration authority to regulate cigarettes and tobacco products. The bill, entitled the Family Smoking Prevention and Tobacco Control Act, was passed by a 61-30 vote. Kentucky Senator, Mitch McConnell, among others who opposed the bill, are concerned how this new law will impact local tobacco farmers, and contend that it places additional burdens on the already overwhelmed FDA.

The AP reported:

Under this law, the FDA has the power to order removal of hazardous ingredients, restrict the marketing and distribution of cigarettes and smokeless tobacco, clamp down on sales to young people, require stronger warning labels and stop use of characterizations such as 'light' or 'low tar' that give people the impression of lower health risks.

The FDA plans to set up an office devoted solely to tobacco and cigarette regulation which is to be paid by a fee from tobacco companies.

The debate over FDA control over tobacco has been ongoing for over a decade. Opponents contend that regulation of the tobacco is necessary to set national standards to control the manufacturing of tobacco products and regulate the type and amount of ingredients used in these products. It’s estimated that over $400,000 people die each year from tobacco related illnesses. Philip Morris USA, the industry leader supports the new legislation.

USA Today reported Spokesman Bill Phelps, of Phillip Morris as stating that:

The company hopes it will be a "framework to pursue tobacco products that are less harmful than conventional cigarettes."

Greg Connolly of Harvard University's School of Public Health stated that he supports it but has "very, very serious concerns." He fears the FDA may do Philip Morris' bidding and focus on finding a "safer cigarette." Instead, he said, it should focus on reducing tobacco use.

"The critical issue," he said, "is what route the FDA will take."

Originally posted at InjuryBoard by Karl Truman

Watch for Symptoms of Mild Traumatic Brain Injury

Karl Truman — Wed, 21 Oct 2009 01:00:00 GMT

When presenting a case involving a brain injury, I will often hear from insurance adjusters, insurance doctors and insurance lawyers, "but the MRI and CT was normal so there can't be a brain injury. " This is absolutly not true.

The Centers for Disease Control and Prevention (CDC) states that Mild Traumatic Brain Injury (MTBI) symptoms may appear mild, but they can lead to significant, life-long impairment in an individual's ability to function physically, cognitively and psychologically.

Here are some statistics from the CDC regarding Traumatic Brain Injury (TBI) and MTBI :

Each year in the United States:

• Approximately 1.5 million Americans sustain traumatic brain injuries, ranging from mild to severe;

TBI:

• 50,000 people die from TBIs;

• 230,000 people are hospitalized due to TBIs and survive;

• More than 1 million are treated in emergency departments for TBIs;

• An estimated $56 billion is spent in direct and indirect costs as a result of all TBIs;

• 80,000 to 90,000 Americans experience onset of long-term disability from TBIs.

MTBI

• Data suggest that as many as 75% of all brain-injured people sustain MTBIs.

• MTBIs cost the nation nearly $17 billion each year.

• An unknown proportion of those who are not hospitalized may experience long-term problems, such as:

• In most cases of diagnosed MTBI, the patient recovers fully.

• Some research indicates that up to 15% of patients diagnosed with MTBI may have experienced persistent disabling problems.

- Persistent headache,

- Confusion,

- Pain,

- Cognitive and/or memory problems,

- Fatigue,

- Changes in sleep patterns,

- Mood changes, and/or

- Sensory problems such as changes in vision or hearing (post-concussion syndrome).

It has been my experience that often time, it is family and friends who observe these symptoms more than the injured person. It has also been my experience that family doctors do not do a good job at recognizing and diagnosing MTBI.

If you see these symptoms in a friend or family member, it is important to get an evaluation by a Clinical Neuropsychologist.

Originally posted at InjuryBoard by Karl Truman

Does Having a Company Logo on a Truck Make Them Responsible for the Driver?

Karl Truman — Fri, 30 Oct 2009 15:05:00 GMT

A truck driver runs a red light, hits someone and kills them. There is a logging company who hired the truck driver and has their logo on the side of the truck. The logging company is responsible, right? Not necessarily, says the Indiana Court of Appeals.

The driver had the company's logo on his truck. But, the driver owned the truck, determined the details of the work, did not drive exclusively for the company and was paid by the mile or load.

The court found that the driver was an independent contractor and did not have a duty to the person the driver ran over and killed and was not responsible.

This shows that things are not always as they seem. Sometimes, only through through thorough discovery can you learn the complete facts.

Beatty v. LaFountaine, 896 N.E.ed 16 (Ind. Ct. App 2008)

Originally posted at InjuryBoard by Karl Truman

Save Money on Car Insurance But Don't Cut Corners

Karl Truman — Mon, 19 Oct 2009 14:09:00 GMT

Car insurance is a necessary expense, but how much you pay for it varies widely. Here are a few tips that cna help you save a great deal of money on your car insurance. But be careful. Save money, but don't cut corners.

1. Choose your car carefully before you buy. Some models are more likely to be stolen; others are expensive to repair. Insurance companies factor this in, so check with your insurance company to see of the model you are considering will raise or lower your insurance bill.

2. Check for disounts. Some insurance companies offer special discounts to people wiht a safe driving record, for safely features in your car (such as anti-lock brakes or airbags), or if you belong to an auto club or veteran's or other association.

3. Increase your deductible. Your premium will be lower if you raise the amount of money you have to pay before yoru insurance covers a claim. That means if you have an accident, you will pay more out of picket, but if you're a safe driver with few claims, you'll save.

4. Shop around. Comparison shopping for auto insurance can save you hundreds of dollars a year. But, be aware to shop "apples to apples". Don't just shop for the lowest quote. Try an independent agent who can get quotes from different companies.

5. Don't be penny wise and pound foolish. Insurance companies would probably be surprised to hear me say that most people don't have enough insurance. I see innocent victims in automobile or car accidents who are severly hurt by someone who had only minimum coverage or even no insurance coverage at all. Make sure you get enough Uninsured (UM) and Underinsured (UIM) motorist coverage and medical payments coverage. Uninsured Motorist protects you when you get hit by someone who does not have any insurance coverage. Underinsured Motorist coverage protects you when you get hit by someone who has very little coverage.

There are significant differences in automobile insurance between Indiana and Kentucky, so make sure you deal with a local agent who understands what you need.

Originally posted at InjuryBoard by Karl Truman

Indiana Medical Malpractice Law Slashes Verdict

Karl Truman — Mon, 26 Oct 2009 14:07:00 GMT

A woman died of complications from a mechanical bowel obstruction that had perforated; the woman's estate blamed her death on the hospital fo rtemporarily misplacing a radiological film that would have revealed the seriousness of her condition and on her surgeon for failing to operate promptly.

The woman was admitted to the hospital ICU with severe abdominal pain. Her surgeon and attending physician were unaware that the hospital did an x-ray several days earlier that revealed a mechanical small bowel obstruction. This condition is considered a medical emergency that requires immediate surgery. However, the hospital misplaced the x-ray.

Her condition continued to deteriorate. She became septic, developed acute respiratory distress syndrome and was placed on life support. Tragically, she died shortly thereafter.

The case was tried in Indianapolis, Indiana. The jury found in favor of the defendant doctor, but awarded damages against the hospital in the amount of $8,500,000.00. Under Indiana law, the court reduced the award to the statutory maximum of $1,250,000.00. The jury was not allowed to know about this statutory limit.

How would you feel if this happened to your wife, daughter or mother? Would you willingly agree that the state legislature should place an arbitrary legal limit on the value of your loved one's life?

The other interesting aspect of a case like this, that the jury is not allowed to know, is that the hospital is only responsible up to $250,000.00. So, regardless of how horrible the injury, or how reckless their behavior, that is the most they can be held accountable for. Above that, there is a state fund that is responsible for up to an additional $1,000,000.00 for the total of $1,250,000.00.

With such a limit of damages, what incentive does a doctor or hospital have to negotiate a reasonable settlement? Since doctors and hospitals win most medical malpractice trials anyway, they have the exact opposite incentive - make injured victims go to trial on every case. They have nothing to lose and the odds are in their favor to win anyway.

This is one of the effects of placing arbitrary caps on damages. Would you call this "fair" if it were your family member?

Originally posted at InjuryBoard by Karl Truman

More Lawsuits Stem from Kentucky State Zoo Accident

Karl Truman — Tue, 01 Sep 2009 17:08:00 GMT

Last month’s train wreck at the Louisville Zoo, also known as Kentucky’s State Zoo left approximately 20 of the 30 people aboard the train injured when it derailed. Most of the passengers aboard the board were children-including a two year old who obtained a broken leg and head lacerations as a result of the accident.

The train was designed to transport passengers in a two mile loop around the zoo. The ride was closed while the Kentucky Department of Agriculture launched its investigation.

Among the first lawsuits to be filed in the Jefferson Circuit Court was a family from Charleston, Indiana. The suit alleged the zoo was negligent in its maintenance and operation of the train. The Associated Content reported:

The claim seeks both monetary damages and a restraining order to prohibit the zoo from altering the scene after the KDA finishing its investigation.

Since then, more plaintiffs have come forward with similar allegations. The Courier-Journal reported that:

While two previous lawsuits have named the Louisville Zoo as a defendant, the third suit instead focuses on a zoo employee, Mary Coffey, who was operating the train, and Chance Rides Manufacturing Inc., which designed, manufactured and sold the train to the zoo, according to the lawsuit.

The plaintiffs allege that the train was unsafe and Chance was negligent in selling the train to the zoo in "a defective and unreasonable dangerous condition."

The train’s operator was reported to be 18, the minimum age required to operate the train. Both driver error and equipment malfunction are being considered in determining the cause of the accident.

Originally posted at InjuryBoard by Karl Truman

An Example of Why Medical Malpractice Reform Does Not Work

Karl Truman — Thu, 03 Sep 2009 17:10:00 GMT

The idea of restricting a patient's right to sue and recover damages when harmed by medical negligence has been resurfacing as part of the healthcare debate. I found a great example of why this does not work and hurts patients.

Indiana has laws limiting a patient's right to sue for medical mistakes. I found this article Crushed By My Own Reform by Frank Cornelius. Here is an individual who helped pass the law in Indiana limiting damages to $500,000.00 (now $1.25 million). At the time, this was praised as a way to reduce healthcare costs and encourage physicians to stay in Indiana.

He wrote his article in 1994 from his wheelchair. From what began as a fairly routine and not life-threatening procedure, developed into a series of medical mistakes which left him on a respirator and less than two years to live.

His future medical costs were projected at $5 million, yet under the law he pushed to enact, his recovery was limited to $500,000.00.

He said it well:

Medical negligence cannot be reduced simply by restricting consumers’ legal rights. That will happen only when the medical industry begins to effectively police its own. I don’t expect to see that day.

Frank Cornelius decided to devote his remaining days towards trying to prevent other state legislatures from being duped into letting medical industry wrongdoers off the hook.

Karl Truman

Originally posted at InjuryBoard by Karl Truman