Injuryboard Commentary - All Topics

Senator Delay, Senator Defend, And Senator Defend: Do The Job For Insurance Companies

Mike Bryant — Mon, 07 Dec 2009 23:17:14 GMT

We have talked about the insurance company strategy of Deny, Delay, Defend many times here at the Injurboard. A couple of companies have almost come right out and admitted that is their strategy. Say no. Some people will go away. Say you need more time. Some people will die or give up. Say Hell No! Some people will not have the resources or the help to fight. It is the way to push the unrepresented around.

Well should we be surprised the tactic is at the heart of what the Republicans are doing in the Senate with the Heath Care Bill? How do we know? They told us.

Here is the whole letter and supporting documents.

If you think maybe they are doing what's right for the consumer. Keep in mind, many of these same Senators had the chance to do something about health care in the past. They didn't. Just like insurance companies could pay the bills they are responsible for.

Originally posted at InjuryBoard by Mike Bryant

Recall of Beef Due to Salmonella

Jamie Sheller — Mon, 07 Dec 2009 22:24:26 GMT

A California company recently recalled almost 23,000 pounds of ground beef products. The recalled beef was produced on September 23 by Beef Packers Inc. According to the U.S. Department of Agriculture's Food Safety and Inspection Services, the beef may be linked to two cases of salmonella illness. Two Arizona people have the "Salmonella Newport" strain, which is resistant to many drugs used to combat the illness. This drug resistance may increase the risk of hospitalization. Foodborne salmonella infection commonly causes several symptoms, including diarrhea, abdominal cramps, fever, headache and nausea.

The recalled beef products were produced by Beef Packers Inc., based in Fresno, California, but was repackaged in Arizona and sold under different retail brand names. The labels on the beef include the establishment number "EST 3191." According to Cargill, Inc., which owns Beef Packers Inc., the beef was sold in Arizona and New Mexico.

Originally posted at InjuryBoard by Jamie Sheller

Deadly Accident Appears To Have Been Preventable

Bret Hanna — Mon, 07 Dec 2009 21:12:32 GMT

E. Dale LeBaron, 75, a retired Brigham Young University professor, was killed last week after he, his wife and a friend were struck by a car on an Orem street. The 21-year-old driver of the vehicle that struck the trio said that he did not see them because the sun was reflecting off of frost on his windshield as he made a turn. City prosecutors have the case under review for possible charges against the driver.

This accident is certainly a tragedy for all involved, but it appears that it could have been prevented. The winter driving season is upon us and as I've written in the past, drivers must be prepared. One aspect of such preparedness is to make sure that you have a clear field of vision at all times while driving. Frost and snow pile up on cars when they sit outside and it is very easy to simply clear a small area to see through and be on your way. It may be easy, but it is also very dangerous. All drivers must take the time to fully clear and defrost all windows before heading down the road. And the sun can easily blind drivers when it is rising, setting, or is otherwise reflected toward vehicles. If you are temporarily blinded, slow down or stop immediately if you can do so safely and then wait until you can proceed with full visibility.

Originally posted at InjuryBoard by Bret Hanna

Consequences of Dental Negligence

Jim Lewis — Mon, 07 Dec 2009 19:32:54 GMT

Dental care and treatment mostly consist of non-invasive procedures and for the most part your visit to the dentist is usually routine and injury free. However, a small percentage of dental visits aren’t so kind. In fact, there can be certain complications that could arise as a result of simple procedures gone horribly wrong and that could bring life-altering changes in one’s oral health.

Examples of dental malpractice cases of which a patient can claim for compensation are:

-Nerve injuries affecting a patient’s ability to taste
- Nerve injuries causing paresthesia or permanent numbness in the tongue
- Complications arising from improperly completed crowns and bridges
- Dentists’ failures to take a patient’s relevant medical history into account before acting
- Certain complications from anaesthesia, even when releases are signed
- Unnecessary extraction of multiple teeth
- Extraction of wrong teeth

The examples listed above can be accountable as negligence on the part of the dentist. A dentist can also be sued for failure to do something which they could have done, such as failing to diagnose oral cancer and other serious oral problems. This is an act of omission by a dentist which could result in substantial harm to the patient. If you have been a victim of a dental negligence and malpractice, you should seek a competent personal injury lawyer who can help you in this matter.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

Originally posted at InjuryBoard by Jim Lewis

Recent Review Shows that H1N1 Vaccine is Safe

Carrie Strasser — Mon, 07 Dec 2009 17:32:10 GMT

The New York Times reported on Saturday that the H1N1 vaccine is safe and that most people who have had side effects have only suffered side effects similar to those prevalent as a result of the seasonal flu vaccine.

This new report comes from two monitoring networks, the Vaccine Adverse Event Reporting System and Vaccine Safety Datalink. Doctors, health care workers and the public can file a report with the Adverse Event Reporting System and these reports are then investigated. Safety Datalink has information on over 400,000 people who received the H1N1 vaccine in managed-care organizations.

According to the new report, “no substantial differences between H1N1 and seasonal influenza vaccines were noted in the proportion or types of serious adverse events reported.”

Dr. Thomas R. Frieden, director of the CDC, said the findings were reassuring, but still preliminary. The H1N1 vaccine has only been in widespread use for about two months and certain problems might not present themselves until later when more people are vaccinated. Dr. Frieden also stated that there was no evidence that this swine flu vaccine increased the risk of Guillain-Barre syndrome that was linked to the swine flu vaccine from 1976.

As of November 24, almost 4,000 adverse events had been reported after H1N1 vaccinations. 204 of those were considered serious.

For information on the Vaccine Adverse Event Reporting System, click here.

For information on the Vaccine Safety Datalink, click here.

For information on the safety of the H1N1 vaccine, click here.

Originally posted at InjuryBoard by Carrie Strasser

ATV’s Recalled Due to Loss of Steering Control

Scott Kappes — Mon, 07 Dec 2009 17:06:23 GMT

Last week, in coordination with the U.S. Consumer Products Safety Commission, Can-Am ATV’s issued a recall of about 2,400 ATV’s because of a potential for steering failure associated with the all-terrain-vehicles.

The recall includes 2010 Can-Am Outlander and Rengade models.

Failure of dynamic power steering in these ATV’s can result in a loss of steering control which poses a significant risk of injury and even death to the rider.

The firm has received one incident report with no injury and no material damages.

Consumers are encouraged to stop using the rexcalled vehicles immediately and contact a Can-Am dealer to schedule a free repair.

Mor information is available at the CPSC website here and the firm website here. The manufacturer can also be reached toll-free at (888) 638-5397 for additional information.

A complete list of recalled models has been included below.

Model Name	Model Number	Color
Can-Am® OUTLANDER™	XT 4X 800EFI	Yellow, Viper Red, Camo
Can-Am® OUTLANDER™	MAX XT 4X 800EFI	Yellow, Viper Red, Camo
Can-Am® OUTLANDER™	MAX LTD 4X 800EFI	Yellow, Viper Red, Camo
Can-Am® OUTLANDER™	MAX XT 4X 650EFI	Yellow, Viper Red, Camo
Can-Am® OUTLANDER™	XT 4X 500EFI	Yellow, Viper Red, Camo
Can-Am® OUTLANDER™	MAX XT 4X 500EFI	Yellow, Viper Red, Camo
Can-Am® OUTLANDER™	XT-P 4X 800EFI	Black
Can-Am® OUTLANDER™	MAX XT-P 4X 800EFI	Black
Can-Am® OUTLANDER™	XT-P 4X 650EFI	Black
Can-Am® OUTLANDER™	MAX XT-P 4X 650EFI	Black
Can-Am® OUTLANDER™	XT-P 4X 500EFI	Black
Can-Am® OUTLANDER™	MAX XT-P 4X 500EFI	Black
Can-Am® OUTLANDER™	MAX LTD 4X 500EFI	Yellow, Viper Red, Camo
Can-Am® OUTLANDER™	XT 4X 650EFI	Yellow, Viper Red, Camo
Can-Am® RENEGADE™	XXC 4X 800EFI	Black

Originally posted at InjuryBoard by Scott Kappes

Two Killed In Crash Near Higginsville, Missouri

Brett Emison — Mon, 07 Dec 2009 14:10:03 GMT

The Missouri Highway Patrol and the Kansas City Star have reported that two men were killed in head-on collision between Higginsville, Missouri and Lexington, Missouri.

LEXINGTON, Mo. | Two people have died in a fiery head-on crash near Lexington.

The Missouri State Highway Patrol says the crash happened early Sunday on Missouri 13 south of the Lafayette County seat.

The patrol says 32-year-old Ronald A. Mason of Lexington was driving the vehicle that crossed the center line and collided with the vehicle that 59-year-old James F. Brown of Higginsville was driving.

Mason's vehicle overturned on its top and caught fire.

Both men were pronounced dead at the scene of the crash.

Our thoughts and prayers go out to the Mason and Brown families.

Originally posted at InjuryBoard by Brett Emison

Speeding Red Light Runner Kills family of four in Sonoma County Car Crash

Claude Wyle — Mon, 07 Dec 2009 12:59:15 GMT

At this time of year, it is always a pleasure to connect with friends and family, honor old traditions and create new ones. Tragically, for the Maloney family of Sonoma, there will be no more traditions. Jonathan and Susan Maloney and their two young children, Aiden and Gracie, were traveling home from Maui to celebrate a late Thanksgiving with Jonathan’s daughter from a previous marriage when they were broadsided in an intersection by Steve Culbertson, 19, who has since died after being taken off of life support. Adding to the tragedy are allegations that Culbertson was heavily intoxicated at the time he approached that dangerous intersection. There are further allegations that Culbertson had a previous DUI conviction and a previous accident and had had his license suspended for a year. The allegations of a previous DUI conviction have not been specifically confirmed, because Culbertson was a minor at the time, but it is clear that he had at least one incident of driving while intoxicated. Please join me in sending thoughts and prayers to the Maloney family’s loved ones. As a personal injury attorney, I would also like to make sure that accidents like this never happen. California is making efforts to stop drunk driving, but let’s also look at that intersection on Highway 37 to see if there are any conditions that contributed to this deadly collision.

Originally posted at InjuryBoard by Claude Wyle

Restaurants a Major Source of Food Poisoning

K.C. Bouchillon — Mon, 07 Dec 2009 12:40:00 GMT

According to the Centers for Disease Control, food contamination or "food poisoning" injures millions of Americans each year, resulting in 300,000 hospitalizations and 5,000 deaths.

Obviously, restaurants are a major source of such contamination. Though the industry is heavily regulated, restaurants regularly fail inspections, often for serious violations.

Before you go to a restaurant, check it out. The results of restaurant inspections are often available online. For example, here in Polk County, you can go to the following link to see how the county's restaurants fared in the most recent inspections:

www.ledgerdata.com/restaurantinspection/

Check it out. It's a real eye-opener.

If you or someone you know has been injured as a result of food poisoning, give me a call.

Originally posted at InjuryBoard by K.C. Bouchillon

Malpractice Trial of James Woods' Brother (Michael): The Power of Apology in Litigation

Mark Bello — Mon, 07 Dec 2009 12:18:12 GMT

I am certain that I am not telling you something you don’t already know; an apology goes a long way to beginning to repair a damaged relationship or righting a wrong. Knowing that someone is truly sorry for the hurt he/she has caused is an important step in moving forward. An apology also serves to acknowledge a mistake, intentional or unintentional, and, further, serves as notice, even if unstated, that a person will try his/her hardest not to repeat the offending conduct.

However, the apology must be sincere; a “phony” apology will have an effect that is opposite of what the apologist may truly intend. If one says “I’m sorry”, one must mean it.

As you may or may not know, the family of Michael Woods, brother of actor James Woods, has settled a high profile, hotly contested medical malpractice lawsuit against Kent Hospital in Rhode Island. Yes, there was an undisclosed financial settlement, but that is not the point. There were two additional aspects of the resolution of the case; without them, the trial would, likely, have continued to a contentious verdict and endless appeals. The two additional features of the settlement, you ask? The first was a sincere apology from hospital president Sandra L. Coletta who had dinner with the actor the evening before the settlement and offered the apology for the hospital’s role in his brother’s death. The second important feature of the settlement was a promise from the hospital to invest $1.25 Million over the next five years into the creation of the “Michael J. Woods Institute” at Kent Hospital. A separate board (which will include a Woods family member) will run the institute which will assist in developing new procedures and training for hospital staff members. Coletta said:

“We know we’re not perfect at Kent Hospital… Mistakes were made. We can do better.”

The Woods lawsuit was filed two years ago, alleging that Kent staffers missed or ignored signs and symptoms of Michael Woods’ impending heart attack. Staffers allegedly left Woods unattended, in a hallway, on a hospital gurney, until the heart attack occurred and killed him. The highly publicized and contentious lawsuit included harsh public words of criticism for the hospital from James Woods. At a news conference announcing the settlement, James Woods praised Coletta and called her “very gracious”. This is quite a change in rhetoric; it is amazing what a sincere apology can accomplish. James Woods said that Coletta had apologized to his family and, further, admonished the press:

“Let’s not rub anyone’s nose in anything,” he said. “They did do it (the apology) and people don’t do it…I don’t want to put her in the position of saying it twice.”

He indicated that the apology was the framework for the settlement. The process started with a phone call from the hospital president; during the call, Woods said, he heard something he had been waiting to hear for over two years: Someone from Kent Hospital was saying “I’m sorry” for his family’s tragic loss.

Ironically, the definitive book on the subject of the effect of an apology to patient or a patient’s family who believes to have been wronged by a hospital or physician was written by someone named (I kid you not) Michael Woods; the book is called “Healing Words: The Power of Apology in Medicine”, by Michael Woods, MD. In the book, "the other Michael Woods" opines that the words "I'm sorry" do not seem to be in the average doctor’s playbook when conversing with patients or their families. Dr. Woods offers his colleagues his "four R's of apology", to help assuage patients and reduce the incidents of malpractice lawsuits. The “four R’s” are:

· Recognition - Knowledge that an apology is in order. Read the feelings of the patient and family.

· Regret - Respond with appropriate empathy. Express regret for what the patient or his family is going through. Acknowledge their feelings. Expressing regret is not an admission of guilt or fault.

· Responsibility - Own up to what's happened and be accountable, even if it was unforeseeable. Disclose and explain details that led to the outcome.

· Remedy - Do what it takes to make it right. Explain corrective measures to the patient and his family. Make them realize that you will not to abandon them.

Here is more from Dr. Woods:

"No matter what role you play (in the health care field)…at one time or another you've been a consumer of medical services. Try to remember the last time a doctor apologized to you, even for a relatively minor infraction like keeping you waiting. Can you recall a single instance? If you're a clinician, consider these questions: When was the last time you told a patient I'm sorry? When did you last hear another physician apologize to a patient?”

As an attorney with 33 years experience in handling personal injury and medical malpractice lawsuits as a litigator and, over the last 10 years, as a litigation funding specialist, I have never had the experience of hearing an apology from a medical professional to any client of mine. Lawsuit Financial has provided lawsuit funding for legal professionals all over the United States; not a single one of these professionals has ever reported that the impetus for settlement was a sincere apology. I invite legal professionals who are reading this post to comment on whether they have been involved in litigation where an apology was given and assisted in resolving the case.

Most medical professionals, I presume, are afraid that an apology will serve as an admission of liability. However, much litigation is conducted in anger; I submit, as does Dr. Woods, that fostering a less contentious legal environment, one of increased cooperation, should result in an improved, less adversarial, atmosphere for case resolution. Dr. Woods proposes an appeal to our basic humanity, an appeal to our capacity to forgive. A patient’s relationship with his/her doctor, positive or negative, will have a substantial impact on whether that patient will institute litigation for a medical mistake. And, an already positive relationship will only be enhanced by a sincere apology for a medical mistake. “Bedside manner” is an important tool for any physician. As Dr. Woods says:

“…when a doctor's interpersonal and communication skills are as good as his or her technical abilities, the results are good for everyone: better patient outcomes, more patient referrals, lower employee turnover, and better risk management."

Lawsuit Financial, the pro-justice lawsuit funding company, congratulates the Woods family and Kent hospital on sensibly resolving a contentious medical malpractice lawsuit. We sincerely hope that this resolution model becomes more prevalent in medical-legal litigation resolution.

Originally posted at InjuryBoard by Mark Bello