Hawaii Personal Injury Blog - accident injury or death

Sad Day For Americans: Judge Allows GM to Escape Payments to Victims of Injury and Death From Defective GM Cars

Wayne Parsons — Wed, 08 Jul 2009 12:33:23 GMT

If the damage done to the American economy, American workers and all of us by the inept and perhaps crooked management at General Motors (GM), The U.S. Treasury and now a federal judge have told these wealthy idiots that they don't have to pay victims of defective GM cars. That's right. Hundreds of injured and dead Americans who have claims against GM for the defective cars the caused their injury or death. Taxpayers will pay for future medical bills and the loss of life will just be tough luck to the innocent victims. For a President who renewed a sense of Justice in his election, President Obama has sided with corporate giants and demonstrated lack of concern for the injured and the poor in the first six months of his Presidency.

This weekend, a bankruptcy judge approved the sale of GM – leaving those currently injured by defective vehicles in the dust. Last week, the courts provided a partial win for GM vehicle owners by saying those injured in a defective vehicle from the date of sale forward can pursue a claim. However, all pending cases are wiped out by the bankruptcy agreement, including current and future asbestos cases.

See my earlier articles on this subject:

Treasury negotiating on GM's product liability.

Judge approves GM asset sale, clearing way for restructuring.

I am encouraging Members of Congress in the House and Senate to restore the rights of people injured by GM and Chrysler. Because legislation will be the only way to ensure everyone has the right to bring a case against Chrysler or GM, HR 3088, the Jeremy Warriner Consumer Protection Act of 2009 has been introduced in the House of Representatives.

Jeremy Warriner lost his legs when he was in a tragic auto accident. Investigators discovered the plastic brake fluid container was defective, and caused a major explosion. Jeremy would have walked away from the accident had it not been for this defect. This bill will require an automobile manufacturer that the Federal Government has an ownership interest in or that has an outstanding loan from the Federal Government to purchase liability insurance from an insurance company, and I will be working hard to get this bill passed. I will keep bringing you progress updates.

Congress continues to consider health care reform following recess with the Senate HELP Committee trying to complete their mark-up this week. National news focuses on this subject. Next week, the House of Representatives will begin considering health care legislation in three committees.

Originally posted at InjuryBoard by Wayne Parsons

What Car Insurance Should I Buy?

Wayne Parsons — Sat, 04 Jul 2009 03:15:07 GMT

1. PIP (personal injury protection): PIP is what pays for your medical care and wage loss if you are injured. PIP coverage is cheap. Make sure you get the maximum that they will sell you. Your agent should tell you to max this PIP coverage. Five days in the intensive care unit will cost $400,000. If you PIP is $20,000 and the drunk who crashed into you has no insurance, PIP is all you have. Demand the max. Don't be a fool.

2. UM and UIM: Stop. Do not pass "GO". Why? UM is uninsured motorist protection. UIM is underinsured motorist protection. You buy that protection. It is cheap. Why do you buy it? Over 30% of the drivers on Hawaii roads have no insurance. Almost 99% of the drivers have minimum coverage: $20,000. If a minimum coverage driver runs over a working woman with 2 kids, and she has $800,000 in medical bills, a deadbeat husband and no health insurance (please call our congressional delegation and demand a Public Plan for health care reform) she goes on welfare and taxpayers pay. You and me.

3 Bodily Injury - Buy the most that they will sell you.

bodily injury coverage An insurance policy that pays for injuries caused to other individuals in the event of a motor vehicle accident. Described by the notation "a/b" where "a" is the dollar amount in thousands of coverage per person, and "b" is the dollar amount in thousands of coverage per accident. Generally, insurance companies will only the allow purchase of UM/UIM coverage up to the insured's current bodily injury limit.

Your personal assets are at stake. And do you want to live your life with the guilt that you caused a million dollars of losses to a family like yours and you couldn't pay for it? That is why we buy insurance. Not to protect ourselves but to protect those who we hurt..

Originally posted at InjuryBoard by Wayne Parsons

Billy May and TBI: Another Closed Head Injury Death?

Wayne Parsons — Mon, 29 Jun 2009 15:48:36 GMT

Doctors are looking at a traumatic brain injury (TBI) as the possible cause of the tragic death of TV actor Billy May as Mike Bryant of Minnesota has reported recently in:

Doctors Will Be Looking At Potential Head Injury With Billy May's Death.

Everyone should be on alert that a blow to the head can start a small bleeding process in the brain that is unknown to the person whose head was hit - and can lead to death. Often the person is either unconscious for a period of time, or dazed. After a few moments the person goes through what doctors call a lucid interval where they seem OK.

This article is about the medical sign. For the Cephalic Carnage album, see Lucid Interval.
In emergency medicine, a lucid interval is a temporary improvement in a patient's condition after a traumatic brain injury, after which the condition deteriorates. A lucid interval is especially indicative of an epidural hematoma. An estimated 20 to 50% of patients with epidural hematoma experience such a lucid interval.^[1]^[2] The lucid interval occurs after the patient is knocked out by the initial concussive force of the trauma, then lapses into unconsciousness again after recovery when bleeding causes the hematoma to expand past the point at which the body can no longer compensate.^[3] After the injury, the patient is momentarily dazed or knocked out, and then becomes relatively lucid for a period of time which can last minutes or hours.^[3] Thereafter there is rapid decline as the blood collects within the skull, causing a rise in intracranial pressure, which damages brain tissue. In addition, some patients may develop "pseudoaneurysms" after trauma which can eventually burst and bleed, a factor which might account for the delay in loss of consciousness.^[4]

Because a patient may have a lucid interval, any head trauma is regarded as a medical emergency and receives emergency medical treatment even if the patient is conscious.

Delayed cerebral edema, a very serious and potentially fatal condition in which the brain swells dramatically, may follow a lucid interval that occurs after a minor head trauma.^[5]

Lucid intervals may also occur in conditions other than traumatic brain injury, such as heat stroke^[6] and the postictal phase after a seizure in epileptic patients.^[7]

The skull is solid and the brain is soft. Increasing the pressure with an internal bleeding process is a catastrophe waiting to happen.

I handled a TBI case years ago that I will never forget. A man hit is head when he fell off a ladder in his yard while trimming a tree. His wife was with him and got to him immediately. His eyes were open but when she asked if he was hurt he did not respond. He never was "unconscious" as we usually think of it. That was at 9 o'clock in the morning. By 5 PM he was dead. He went to his family doctor who asked him some questions that he answered correctly. The doctor did not order a CT Scan.

The 20th century has seen critical developments in diagnosis and treatment which have decreased death rates and improved outcome. These include imaging techniques such as computed tomography and magnetic resonance imaging. Depending on the injury, treatment required may be minimal or may include interventions such as medications and emergency surgery. Physical therapy, speech therapy, and occupational therapy may be employed for rehabilitation.

During the afternoon the man slept at home and his headache worsened. He was unresponsive at 5 PM at home. Tragic. A CT scan might have shown the insidious bleed and treatment would have been available.

These head injuries are a leading cause of death in the United States from trauma:

Traumatic brain injury (TBI) is a leading cause of death and disability among persons in the United States. Each year, an estimated 1.5 million Americans sustain a TBI. As a result of these injuries, 50,000 people die, 230,000 people are hospitalized and survive, and an estimated 80,000-90,000 people experience the onset of long-term disability. Rates of TBI-related hospitalization have declined nearly 50% since 1980, a phenomenon that may be attributed, in part, to successes in injury prevention and also to changes in hospital admission practices that shift the care of persons with less severe TBI from inpatient to outpatient settings. The magnitude of TBI in the United States requires public health measures to prevent these injuries and to improve their consequences. State surveillance systems can provide reliable data on injury causes and risk factors, identify trends in TBI incidence, enable the development of cause-specific prevention strategies focused on populations at greatest risk, and monitor the effectiveness of such programs. State follow-up registries, built on surveillance systems, can provide more information regarding the frequency and nature of disabilities associated with TBI. This information can help states and communities to design, implement, and evaluate cost-effective programs for people living with TBI and for their families, addressing acute care, rehabilitation, and vocational, school, and community support.

Billy May was far too young to die. The first lesson is to get to a doctor or hospital immediately. The second is to look for the subtle signs and symptoms of an internal bleed in the head.

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

Senators Question FAA Administrator on regional carrier safety.

Wayne Parsons — Thu, 11 Jun 2009 17:00:30 GMT

NBC Nightly News (6/10, story 2, 3:05, Williams) reported, "A lot of people, many of them veteran flyers, have suspected there are two sets of safety and training standards, one for the big commercial jetliners, another for commuters. Those regional airlines, they are under big scrutiny and today Congress got involved in this." NBC (Tom Costello) added, "The FAA insists there is only one safety standard for all commercial airlines. Four months after 50 people died when a Continental Connection flight...crashed in Buffalo, senators today said the crew's inexperience, poor test performance, fatigue and actions in the cockpit were disturbing." Calvin Scovel, Department of Transportation Inspector General said passengers "could reasonably think that the level of safety would be the same no matter what aircraft or what carrier. Yet that's not entirely true." Scovel also "says the FAA has been too cozy with all airlines, missing inspections at seven major airlines with some inspections now two years overdue."

The AP (6/11) reports, "Senators on Wednesday urged the Federal Aviation Administration to implement a 2005 recommendation that airlines be required to check the training histories of pilots they hire." The FAA declined to make the recommendation by the NTSB mandatory. Mark Rosenker, acting NTSB chairman, "told the Commerce, Science and Transportation Committee's aviation subcommittee, which held the hearing, that FAA has also failed to implement hundreds of other NTSB recommendations." FAA Administrator Randy Babbitt, speaking at the hearing, "said it has been the agency's position that it's not obligated to implement every one of NTSB's recommendations," but "said the agency has 'an obligation to explain to the NTSB and the public why'...it rejects a recommendation."

According to the Washington Post (6/11, A3, Freeman), Babbitt was "challenged" by Senators "with questions about the government's supervision of regional carriers." Babbitt "pledged to implement a new system to track open NTSB recommendations." Scovel also "faulted the FAA for failing to design an inspection system tailored for regional airlines, and for failing to oversee repair stations where regional airplanes increasingly go for maintenance."

The Wall Street Journal (6/11, Pasztor) website notes Babbitt "laid out a series of initiatives to ensure a single level of safety between major airlines and their commuter partners." However, while Babbitt "pledged to try to devise new training and pilot-scheduling rules specifically intended to enhance safeguards at regional operators...he also stressed that much of the responsibility for improvements rests with pilots themselves." Babbitt also "indicated the agency will consider drafting different scheduling rules for different types of flying" instead of the current system that "establishes daily, weekly and monthly maximum flying hours that are identical for all airline pilots." Another AP (6/10, Lowy) article and Bloomberg News (6/10, Keane) also covered the story.

Sen. Drogan calls for requiring airlines to get pilot's complete records before hiring. USA Today (6/11, Levin) reports that Sen. Byron Dorgan, chairman of the Commerce Committee's aviation panel, "demanded that aviation regulators close a loophole that can allow pilots to go to work at an airline without disclosing previous flight test failures." Newly appointed FAA chief Randy Babbitt "testified at the hearing that he agreed with Dorgan and would fix the problem." The 1996 Pilot Records Improvement Act requires airlines to "check a prospective pilot's record at other carriers during the past five years," but "does not require checks of tests performed by FAA inspectors or before the five-year period." FAA spokeswoman Laura Brown said the agency "is studying whether it can write rules requiring broader record checks by airlines or whether the changes would need to be made by Congress."

FAA criticized for calling for voluntary safety rules. The Washington Post (6/10, Freeman) reported, "The Federal Aviation Administration's call for voluntary measures to counter safety lapses at regional airlines is drawing criticism from family members of victims who died in the Feb. 12 crash of a commuter plane outside Buffalo." According to Justin Green, an attorney for the families of 15 passengers on the Colgan flight, "the government should forcefully move to tighten FAA rules." He said, "If the Colgan accident does not prompt real significant change -- not only at the FAA but also in the industry -- I don't know what will." FAA spokeswoman Laura Brown "said the call for voluntary action didn't rule out future rulemaking actions by the agency."

Originally posted at InjuryBoard by Wayne Parsons

Visiting Hawaii - Water Safety Tips For Tourists To Avoid A Personal Injury And A Ruined Vacation

Wayne Parsons — Thu, 11 Jun 2009 03:51:46 GMT

Yes. Its the water! No ocean water in the world is more beautiful and friendly than the beaches of Hawaii. The water is warm and the sand is soft. But do dangers lurk beneath the surface? Here are some tips to help you protect yourself and your family on your vacation:

• CHOOSE ONLY LIFEGUARDED BEACHES
• NEVER SWIM ALONE
• DON’T DIVE INTO UNKNOWN WATER OR INTO SHALLOW BREAKING WAVES
• PRIOR TO ENTERING THE WATER, ASK A LIFEGUARD ABOUT BEACH AND
SURF CONDITIONS AND ANY PROBLEMS OR HAZARDS
• IF YOU ARE UNABLE TO SWIM OUT OF A STRONG CURRENT, SIGNAL FOR HELP
• RELY ON YOUR SWIMMING ABILITY RATHER THAN ANY FLOTATION DEVICE
• LOOK FOR, READ, AND OBEY ALL BEACH SAFETY SIGNS AND SYMBOLS
• IF IN DOUBT, JUST STAY OUT! IT IS FAR BETTER TO RECOGNIZE THAT A
BEACH IS TOO DANGEROUS RATHER THAN ATTEMPT TO ENTER THE OCEAN
AND RISK INJURY OR DEATH.

Let's look more closely at these Tips.

How do you find beaches that have Lifeguards?

Easy. Just go to WELCOME TO BEACH SAFETY HAWAII and then Click here for a list of Hawaii’s guarded beaches.

That was easy. Now for waves what do you do? The most dangerous wave condition are the waves that break right on the beach at the water's edge. That harmless little wave can throw an inexperienced person down on their head and them push them into a somersault that breaks their neck. There are many spinal cords injuries in beach breaks all over the islands. Do NOT body surf in the shore break unless you have been well trained by an expert. Here is a reminder of the dangers in the shore break:

HOW DO SPINAL INJURIES OCCUR?
Injuries to the head, neck, and back usually occur in shallow water where there are waves breaking. When a wave breaks, water is drawn up the face of the wave and then pitches out and downwards in the form of a curl. The folding over part of the wave is called the "lip" which can suspend swimmers and surfers at the top of the wave before hurling them head first into the shallow bottom damaging the delicate spinal chord. This is commonly known as "going over the falls." Simply diving head first into the ocean without knowing the water depth or what objects lye beneath the water are also common causes of neck injuries.

HOW DO I PREVENT A SPINAL INJURY?
Whenever you enter the ocean, you should always be concerned with the danger of spinal injuries. Being prepared and knowledgeable about how spinal injuries occur is the first step in accident prevention.

Shore break conditions are the most common place for spinal injuries to occur, however, uneven bottom conditions, submerged rocks, and sand bars can also contribute. It is important to be aware of the hazards and conditions before you run into the ocean. If you are uncertain about the local conditions, ask the lifeguard on duty.

If you plan to swim in the ocean where there are breaking waves, you should always think about protecting your head and neck. Every time you go under a wave or try to ride a wave, you should keep your hands out in front of your head so you can break a possible collision with the ocean bottom with your arms instead of your face.

And thanks to the great website of the Hawaii Lifeguard Association

DANGEROUS SHORE BREAK: This is the condition when waves break directly on the shore. Shore breaks are unpredictable and dangerous. They have caused many serious neck and spinal injuries to both experienced and inexperienced body surfers and swimmers.

Small waves can be very dangerous, too! (Surfers' slang for small waves is "ankle busters.") Be sure to ask a lifeguard about the wave conditions at the beach you may be attending. Be especially careful when the surf's up and running fast!

Next look for announcements and signs on the beach:

Beach Hazard forecast

Beaches are rated for wave hazards using these signs. The ratings are updated daily at 9 a.m., 3 p.m., and 7 p.m. or as conditions change. To have the safest beach experience, visit guarded beaches with a normal caution rating (yellow square). When you get to the beach, talk to the lifeguard to learn about conditions.

So what about the big surf that you've seen in the movies? As I write this we have a big South Swell in Waikiki and Life Guards are busy as reported by KITV:

http://www.kitv.com/video/19698880/

Caution is important.

Originally posted at InjuryBoard by Wayne Parsons

Austin, Texas Scaffold Collapse Results In Three Deaths At 21 Rio Condo Project Construction Site

Wayne Parsons — Thu, 11 Jun 2009 03:21:36 GMT

Probably the worst fear at a construction site is the collapse of a scaffolding. Today I came across such a story out of Austin, Texas where a scaffolding collapsed at a project called 21 Rio Condo Project. Brooks Schuelke a well known attorney and safety advocate in Austin with the firm of Perlmutter & Schuelke reported on this incident that is getting national coverage, even all the way out here in Hawaii. The KXAN News report on the incident explains that three workers fell from 11 stories when a part of the scaffolding they were standing on came loose.

Scaffolding suppliers often provide safety checklists for contractors to promote safe use of the scaffold systems. In Hawaii ATLAS provides a Scaffolding Safety Checklist. In addition, as Brooks Schuelke points out, OSHA has targeted scaffolding as a major safety issue at construction sites as reported at Scaffold Safety Hawaii:

Scaffold Safety Hawaii

If you take your scaffold setup for granted, better think again. OSHA has put unsafe scaffolding on its "Most Wanted" list of safety violations in an effort to reduce the deaths caused by bad setups. Fall protection, access, platform construction, guardrails, and proper bracing and support are all cited as key focus areas.

In a report in the Honolulu Advertiser construction worker falls are a major problem:

Hawai'i's construction industry workers have suffered more than 1,000 falls from January 2002 to December 2004, an injury record that is prompting a public-private campaign emphasizing employee safety.

Labor Department officials, contractors and construction unions today will unveil a state-wide effort to urge employees to follow safety procedures and regulations when working at heights above 6 feet.

Violations of fall-protection regulations make up the No. 1 cause of citations issued by state safety officials.

Since January 2004, the Hawai'i Occupational Safety and Health division has issued 218 fall-related citations to employers — along with fines that ranged from $1,500 to $70,000.

Frustrated construction employers who receive HIOSH citations often point to the safety equipment and training manuals they provide to employees, Hardway said.

The three deaths in Austin, Texas reported by Brooks Schuelke are a reminder of the importance of careful assembly of scaffolding and of construction worker training and education.

For those in Texas who have question about the 21 Rio Condo Project, Perlmutter & Schuelke LLPare located at 1717 W. 6th Street, Ste. 375 Austin, Texas 78703 and their contact info is: (512)476-4944; http://www.civtrial.com and e-mail: mlp@civtrial.com.

Originally posted at InjuryBoard by Wayne Parsons