Hawaii Personal Injury Blog - Kauai

Injured Tourist Airlifted from Hanakapiai Beach On Kauai

Wayne Parsons — Sat, 10 Oct 2009 12:16:11 GMT

Hiking to remote beaches can be risky as a 52-year-old Canadian tourist learned this week. After injuring his legs at Hanakapiai Beach on Kauai, KITV reports that a tourist was rescued and airlifted out by Kauai Rescue. Firefighters, paramedics and a life guard joined in the rescue. The rescue took place on Thursday afternoon.

The injured man was 52 and from Vancouver, Canada. His injuries prevented him from walking out on his own. That trail is not an easy one to navigate. Particularly when it is wet.

Emergency crews treated the man and airlifted him to Princeville Airport, where medics took him to Wilcox Memorial Hospital.

Originally posted at InjuryBoard by Wayne Parsons

Georgia Supreme Court to hear challenge to 2005 medical malpractice cap law.

Wayne Parsons — Wed, 16 Sep 2009 10:18:05 GMT

The Atlanta Journal-Constitution (9/16, Rankin) reports on the case of a 75-year-old Marietta, Georgia, woman who was "permanently disfigured" after complications from facial surgery, noting that her "case is now before the Georgia Supreme Court, which on Tuesday considered for the first time the constitutionality of the centerpiece of the state's sweeping 2005 tort reform law - caps on jury awards in medical malpractice cases." The piece notes the argument from the surgeon's attorneys that the "Legislature properly imposed the caps to keep doctors from leaving the state in droves because their malpractice insurance premiums were too high," and the plaintiff's attorney's argument that "the law punishes those who suffer the greatest malpractice injuries to the benefit of those who caused the most harm."

The AP (9/15, Walker) also reports on the case of the "botched face lift," noting that her attorneys "asked Georgia's top court on Tuesday to overturn a state law that caps damages in medical malpractice lawsuits at $350,000. The case centers on a Georgia tort reform law passed in 2005 that caps the amount a jury can award for malpractice victims' pain and suffering. The laws were an attempt by lawmakers to ease the high malpractice insurance costs linked to large payoffs. On Tuesday, attorneys debated before the Georgia Supreme Court whether the Legislature setting the limit overstepped their bounds." Plaintiff's attorneys "said the law overturns a jury's centuries-old right to determine how much to compensate a victim."

The Atlanta Business Chronicle (9/16, Williams) adds that the woman's lawyer told the court that the cap "violates the right to a jury trial," adding, "The liability cap was a key provision in a tort reform bill Republicans made their top priority after taking full control of the legislature in the 2004 elections for the first time since the 19th century. Lawmakers in Georgia and other states have embraced restrictions on jury awards as a way to curb rising medical malpractice insurance premiums that have long been a chief source of complaint among doctors. Despite the cap, a Fulton County jury awarded $1,265,000 to Betty Nestlehutt, 71, in 2007 after she was left with permanent scars and discoloration from a facelift that went wrong."

Originally posted at InjuryBoard by Wayne Parsons

Drunk Drivers Caused 40% of Traffic Fatalities In Hawaii In 2006

Wayne Parsons — Mon, 31 Aug 2009 00:16:00 GMT

Alcohol Alert, a company that sells prevention devices to reduce drunk driving, and drunk driving injury and death report on Hawaii Drunk Driving Statistics:

In Hawaii, the alcohol related deaths have declined by over 50% since 1982, from a high that same year of 103, to a low of 44 in 1999. Recent years, however, have shown a moderate increase. The percentage of drunk driving deaths of the total traffic fatalities has shown a steady decline from a high in 1983 of 67%. In 2006, out of all traffic fatalities, 40% involved a blood alcohol concentration (BAC) of 0.08 or higher.

All 50 states in the US now apply two statutory offenses to operating a motor vehicle while under the influence of alcohol. The first (and original) offense is known either as driving under the influence (DUI), driving while intoxicated/impaired (DWI), or operating while intoxicated/impaired (OWI). This is based upon a police officer's observations (driving behavior, slurred speech, the results of a roadside sobriety test, etc.)

The second offense is called "illegal per se", which is driving with a BAC of 0.08% or higher. Since 2002 it has been illegal in all 50 states to drive with a BAC that is 0.08% or higher.

In Hawaii, 1st , 2nd and 3rd offenses are petty misdemeanors, 4th or subsequent offense is a class C felony. Citation:Hawaii Revised Statutes (HRS) §§ 291E-61, 701-107(5) & 706-660.

Originally posted at InjuryBoard by Wayne Parsons

Scuba Diving And Snorkeling In Hawaii Are Wonderful Ocean Activities But Can Be Dangerous

Wayne Parsons — Fri, 21 Aug 2009 14:20:22 GMT

Resorts around the world offer ocean activities that often include snorkeling and SCUBA diving. Fish can breathe underwater. People can't do that. Birds can fly. Okay, you get the picture.

There is something amazing about SCUBA diving and snorkeling. It’s a feeling and experience that cannot be replicated in any other activity because effectively, the participant is breathing underwater.

Snorkelers experience the fun of breathing in an underwater world while maintaining their link to the surface whereas SCUBA diver takes it to the next level and leaves their link to the surface behind, often diving to depths of up to 100 feet. SCUBA divers are required to be certified to dive in open water of any type and the major governing and certifying board of divers is PADI, the Professional Association of Diving Instructors. Despite the fact that snorkelers remain near the surface and SCUBA divers have to be certified, both share risks. Injury or death can occur if you don't follow the rules.

Snorkelers may think that they are safer than divers because they are staying at the surface, but accidents and injuries may occur to them despite this. Snorkelers are still entering an environment which is alien to a land-living human being and it contains hazardous conditions, both natural and man made and wildlife which may present a danger to any snorkeler, even an experienced one. The most common injuries which strike snorkelers are bites, stings and trauma from collisions usually with rocks, reefs or even boats. There is also always the risk of drowning during any water activity and with snorkeling, it is usually the result of either bad weather conditions making for rough seas or losing sight of the boat and becoming exhausted. While minor injuries during snorkeling are fairly common, scrapes, abrasions, bruises, etc., serious injuries and death are fairly uncommon considering the number of snorkelers out in the water on any given day in the United States’ beach destinations.

The most high profile snorkeling death was probably that of Steve Irwin who died while snorkeling in Australia after being stung in the heart by a stingray buried in the sand beneath him.

SCUBA divers, on the other hand, seem to be at a much higher risk for serious injury or death while participating in their sport. SCUBA is an inherently dangerous sport; the participant is under the water relying on equipment, which is usually rented, to breath. Additionally, should the equipment fail, even an emergency assent to the surface may cause serious injury or death due to decompression and excessive nitrogen in the blood. Statistics indicate that deaths in diving occur very rarely; only approximately 150 are reported every year and this amounts to a risk of approximately 1 death for every 200,000 dives. The numbers are likely so low because so few people are divers and divers are required to be certified.

You can use PADI On line to check out a SCUBA instructor's certification.

PADI’s Quality Management Program

Verify a PADI Member's credential status here

You just returned home from a fabulous dive vacation. You can’t stop talking about your PADI Scuba Instructor and the dive resort, and you want to let PADI know about your experience.

On the other hand, perhaps your experience wasn’t as positive and you want to let PADI know about the problems encountered on your holiday. PADI’s Quality Management Program serves both purposes.

The governing body PADI requires all dive companies and dive masters to meet the standards of care outlined in the PADI courses which require all dive masters to be aware of all divers at all times, to make responsible assessments of water and weather conditions and the difficulty of the dive in relation to each diver’s experience and comfort level. For example, a diver who has only two dives in their log and has never had a dive in a current ought not to be taken on an advanced heavy current dive by a diligent dive master. PADI members receive special insurance through their membership and dive shops also must carry insurance. Almost all dive shops or snorkel companies require participants to sign a waiver because of the inherent dangers of the sports. Common carrier rules do not apply as most injuries do not occur on the boat or as a result of the boat’s operation but occur in the water during participation.

Traditional negligence rules apply to injuries sustained while SCUBA diving or snorkeling and thus, if you have been hurt, you must prove that the trip operator violated the duty of care that they owed to you.

If you or a loved one has been hurt while snorkeling or SCUBA diving do not be afraid to explore your legal rights. Even if you did sign a waiver, that does not excuse a SCUBA or snorkel operator from being negligent. If your equipment failed, or you were not adequately warned of unique hazards on your trip or even if the dive master or snorkel trip operator took you to a place your experience or comfort did not warrant, you may have a claim against the company. Remember, you relied on the company to take you out and get you back safely and despite having you sign a waiver, they promised to do that without negligence.

Originally posted at InjuryBoard by Wayne Parsons

Multiple Injuries In Kauai Car Crash

Wayne Parsons — Sat, 18 Jul 2009 17:52:54 GMT

Multiple people were injured in an automobile accident on Kauai on Tuesday that closed Kuhio Highway according to a statement from Kauai County officials.

The crash happened at about 11 a.m. across from Kauai Community Correctional Center. The roadway was reopened at 2 p.m.

Details of the injuries are unknown and the only facts available are that there were two cars involved.

If you know about how this incident occured I would appreciate hearing from you as I am investigating the case.

Originally posted at InjuryBoard by Wayne Parsons

Illinois man Killed in Big Rig Accident On Kauai

Wayne Parsons — Sun, 28 Jun 2009 15:04:48 GMT

Wesley VanValkenburg was a new father visiting Kauai to pay respects to his in-laws when he became the victim of a freak accident that led to a truck collision. On a warm Saturday morning a woman lost control of her motorcycle, veered into the path of a truck that struck the rental car carrying VanValkenburg and his family. The family and the motorcycle driver survived but Mr. VanValkenburg tragically died. The Jun VanValkenburg and their one year old son grant survived the crash that occurred near the Waialua Golf Course.

I don't know how to prevent these tragedies but the losses are so huge that they are hard to comprehend. The family has lost their shining star and his wife and son will have to go on without a man who stood out as a leader and protector:

Thornburg says her brother never took life for granted. Back in 2004 in Chicago, a last-minute shift change opened his eyes after two fire trucks collided killing one of the paramedics.

"Wes was supposed to be sitting in that passenger seat, where the guy died in the fire truck and he had switched out a shift. All he did after that was go to the family and helped the family that was lost instead of himself," said Thornburg.

His family says he was a small-town boy who made a big impact on everyone he came across and knowing he's now in a better place is helping them heal.

"Huge loss, he's a person who touched more lives than any of the other of us combined," said Thornburg.

Back home in Machias, Illinois the suffering is felt throughout the community.

All of Hawaii sends deep and sincere condolences for this tragic loss.

The story brings to the fore front or my mind, once again, the question of motorcycle safety. Hawaii has seen an epidemic of motorcycle injury and death this year. The roads are becoming more crowded with motorcycles and more are being sold. Do the drivers have proper training? I am very interested in that issue as are motorcycle experts and state and county authorities. My other articles point to training as a key part of the problem. Why did the lady veer into the path of the truck? How fast was she going? How fast was the truck going. Cell phones? I hope not. The following articles highlight the problems that motorcycles are causing and what happens after an injury or death:

Hawaii Motorcycle Chronicles: Another Death On Friday

Recovering Damages in a Motorcycle Accident

The facts of the conduct of the motorcycle driver and the Big Rig truck driver will be coming out as the investigation continues. In Mr. VanValekenburg's memory I hope that we as a community can learn from this tragedy and implement better driving habits. Please keep an eye out for motorcycles and please motorcycle drivers on Kauai and all Islands, take safe driving courses. The motorcycle can be unstable and must be carefully operated. Finally, for the truckers on the roadways in Hawaii, please go slow and be careful!

Originally posted at InjuryBoard by Wayne Parsons

Tragedy Sunday Morning On Kauai As Truck Crashes In Kekaha

Wayne Parsons — Mon, 23 Mar 2009 14:23:25 GMT

Max Agor, 18 years old and from Lawai, was driving his pick-up truck east-bound on Kaumualii Highway near St. Theresa's Church at about 1:12 a.m. with a female passenger. Agor lost control of the Toyota pickup truck, went onto the east-bound shoulder and flipped over several times. He died as a result of the crash and his female passenger was rushed to Oahu where she is in stable condition at Queens Medical Center. The story was reported in the Honolulu Advertiser on Sunday.

Both Agor and his passenger were thrown from the truck and landed on rocks along the roadside. The cause of the crash is under investigation. Were they wearing their seat belts? That is always a question that comes to mind when people are ejected from a vehicle in a crash.

Hopefully Agor had insurance coverage on his truck that will cover the medical expenses for his female passenger. Her medical bills will be high and our legislature has reduced mandatory medical coverages (called PIP for Personal Injury Protection) to very minimal coverage. That results in many situations where there is a huge debt for the injured victim and welfare is the only solution.

The passenger could be protected if she has auto insurance with high PIP coverage and bought "underinsured motorist protection". It is inexpensive coverage and if the at fault driver has inadequate or no insurance, the passenger's "underinsured motorist" insurance will pay for her losses. It is important to buy underinsured and uninsured coverage and $300,000 to $500,000 is highly recommended. One in four Hawaii Drivers is uninsured. If they injure you, the only protection you will have is your own underinsured or uninsured insurance coverage.

People don't think of this when they buy their auto insurance. Hawaii attorneys see many sad cases where there is no money to take care of a tragically injured victim. Hope this woman on Kauai will not suffer that fate in addition to having to deal with her injuries.

The best automobile insurance policies will include the following items: uninsured motorist coverage, personal property liability, collision coverage, bodily injury liability, comprehensive coverage and personal injury protection (PIP). Some of these elements are required by all states whilst others are not required. Collision coverage pays for all damages to a automobile or other vehicle when it is in collision with another automobile or other vehicle or non-vehicular object, even if the insurance holder is at fault. Comprehensive insurance policies protect the insurance holder in the unfortunate situation that their automobile or other vehicle is taken without the owner's permission, damaged illegally, harmed by an act of nature or damaged otherwise. Both of these kinds of insurance are always optional and are usually very costly.

Do you think our legislature should mandate increased insurance coverage to protect crash victims? Your voice is important.

Originally posted at InjuryBoard by Wayne Parsons