Hawaii Personal Injury Blog - injury

Emily Midgley Dies in Big Island Hay Ride on Halloween

Wayne Parsons — Mon, 02 Nov 2009 11:47:22 GMT

The Star Bulletin story "Halloween hay ride proves fatal to Big Isle girl, 7" reports that Emily Midgley of Hawaiian Ocean View Estates jumped off of a trailer at the end of a hay ride and was run over by the trailer.

The hay ride was a church event held on Halloween by the Evangelical Community Church.

At 7:08 p.m. Saturday, police said, a 48-year-old Hawaiian Ocean View Estates man was operating a 1998 Dodge pickup with a trailer hitched to the truck. A number of passengers including Midgley were on the hay ride.

As the truck was coming to a stop at the end of the hay ride in the parking lot of Ocean View Evangelical Community Church, Midgley jumped off the trailer and was run over, police said.

Midgley was taken to the Kona Community Hospital, where she was pronounced dead.

I have written about trailer incidents in the past and noted that few states have any laws or regulation affecting trailer safety or use of trailers. There is an organization that promotes safety and injury prevention of trailers named DangerousTrialers.org, that proposes laws and regulations that may prevent trailer injury or death. I support those efforts and will encourage Hawaii legislators to look into this subject when they convene in January 2010.

From the facts reported about the tragic death of little Emily Midgley it is not clear if any trailer safety issues were involved. Our thoughts and prayers go out to the family and friends of this little girl.

Originally posted at InjuryBoard by Wayne Parsons

FDA commissioner endorses legislation to improve food safety.

Wayne Parsons — Fri, 23 Oct 2009 15:35:47 GMT

The Los Angeles Times (10/23, Zajac) reports, "Food and Drug Administration Commissioner Margaret Hamburg on Thursday strongly endorsed legislation that would give her agency new tools to improve food safety, but she warned that Congress still must find a way to pay for them if consumers are to benefit." The proposed "changes would require significant additional manpower and costly new computer systems, Hamburg told the Senate Health, Education, Labor and Pensions Committee." Committee Chairman Tom Harkin (D-IA) "urged the FDA to come up with cost estimates quickly because, he said, he didn't want to pass a bill that would be undermined by inadequate funding."

The Wall Street Journal (10/23, A2, Zhang) reports that Hamburg said the bill needs to be stronger and give that agency more authority as well as funding, asking that the Senate's bill more closely resemble that one that passed the House in July.

Originally posted at InjuryBoard by Wayne Parsons

How Does An Injured Person Describe Their Injury To Doctors, Lawyers and Their Family?(2)

Wayne Parsons — Thu, 22 Oct 2009 03:45:54 GMT

After an injury the first thing a person hears is usually: "Are you hurt?" Describe your injury."

The other driver will often ask. The police officer at the scene. The ambulance drivers will ask. The nurse at the emergency room will write it down. The doctor. The first question from any attorney you call will be how badly you are hurt. Your wife or husband will ask as soon as you talk to them. The insurance adjuster after you notify your insurance company will want to know. The other driver's insurance adjuster will ask. Nothing about you is more important in a case that may end up as a claim and maybe be headed to court.

No question gets asked more often and by more people.

No question gets answered more poorly than this one. So lets take a look at the question and lay down some rules that will help.

As in my earlier article on What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons , 20 September 2009 where I tell you how to answer any question, I will give you here a detailed way to properly answer a question about your injury and your health.

1. Identify the place that hurts or is numb or is injured. For instance: "I notice something in my right lower back, next to the spin just above my belt." Or, I feel pain in the back of my head at the base of the skull."

2. Describe the sensation. For instance: "the pain is a dull ache that throbs and goes away and then comes back," or "my lower back is like knot of burning pain, like a huge muscle cramp in an area about 6-inches in diameter and it radiates into both buttocks and then goes down the right leg all of the way to my foot. The pain is burning and achy all at the same time. In the leg I feel like hot lava is running down to my foot through my leg". Be aware that pain can be "burning", "shooting", "aching", "numb", "stabbing", "dull", "like an electric shock" or "Sharp". You may find words that are better than the ones I am suggesting here.

3. Describe the duration. For instance, "I get this pain for about 15 minutes and then it lessens. It will come back 4 or 5 times a day. I have 4 or 5 periods of this pain each 24 hour day. In between I am uncomfortable and although I can feel the pain, it is at a 3 on a 10 point scale as opposed to an 8 on a scale of 10 when the pain is greatest." Think about a 24-hour period and take some notes about what you were doing and how your injury feels. This may be very helpful to your doctor and attorney. Then expand to a week and identify what days the injury was bothering you and how it affected you. Then take 3 months and then a year. You get the picture. Create a graphic pain history. You can use a calendar.

4. Think about Triggers. For instance, "I get the spasm in my back when I sit or stand for more than about 20 minutes. Also if I do anything strenuous like cleaning my apartment, it sets off a huge flare up of the pain. This is very important to your doctors and it should be important to you. The goal is to reduce your pain and suffering, so don't do things that makes it worse.

5. Don't guess. if you aren't sure about a question don't answer. Ask for more time or to have the question clarified. You can't do this forever so do your homework as i describe it here and get ready to answer properly.

6. Don't be a doctor. Nothing looks worse than a smart aleck patient using medical school terms. The doctor will explain the medical issues. All you need to to do is to describe how you feel.

7. Keep a list of areas that hurt or are numb. That will lessen the chances of you forgetting one and then the insurance company calling you a liar.

8. Defer to your doctors. They went to medical school. You didn't. When asked what your diagnosis is, tell the questioner that they should get that directly from the doctors and then proceed to tell them how it (you) feel.

9. Ask questions. This is a good time to find out the insurance company's attitude about you. Take notes.

10. Read the other articles in this series by serious Injury Board attorneys across the country:

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST.

What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi , September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant, September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons , 20 September 2009 12:01

What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

What To Do After An Accident When The Adjuster Has A Tape Recorder, Mike Bryant , September 23, 2009 10:01 PM

Do I have a good or a bad case?, Devon Glass, September 24, 2009

What are interrogatories and how do I answer them?, Steve Lombardi, September 29, 2009

Interrogatories: A Written Deposition , Devon Glass, September 30, 2009

How Do You Value Your Case? Mike Bryant October 03, 2009 9:29 AM

Demystifying Injury Litigation for Clients: What Are Interrogatories?, Rick Shapiro ,October 3, 2009

Do only dishonest people refuse to give a recorded statement? Steve Lombardi | October 06, 2009 10:47 AM

These Injury Board affiliated attorneys have done a great service by collecting articles on the beginning phases of getting hurt and trying to find an attorney and dealing with doctors and insurance companies.

Originally posted at InjuryBoard by Wayne Parsons

Micronesian Crewman Killed in Boat Fire on M/V Manaloa at Pier 38

Wayne Parsons — Mon, 19 Oct 2009 05:44:34 GMT

The Manaloa, a 75-foot fishing vessel had just returned from 30 days at sea with 20,000 pounds of Ahi in the hold. The crew had gone ashore to rest and one crew member was on the Manaloa when a fire started at about 10 P.M. Saturday night near at Pier 38 according to a report in the Honolulu Advertiser. The lone crew member aboard had been drinking according to news reports and a propane stove was found near the wheel well area. It appears that he had attempted to cook some food. The investigation is continuing.

According to KHON TV News, the Manaloa fishing vessel, returned home with approximately 20,000 pounds of fish after spending several weeks at sea.

According to Honolulu Fire Department Capt. Earle Kealoha:

At about 10:15 last night, fire units responded to a report of a fire on a boat docked at Pier 38. The fire took a little more than 15 minutes to contain. It appears to have started in the crew living quarters area behind the wheelhouse of a 75-foot commercial Police initially did not find the lone crew member on the boat. They learned after putting out the fire that someone else may boat and returned to the boat where they found the body of a Micronesian man in his 30s in an auxiliary space below the wheelhouse and just forward of the engine room. Firefighters brought the man's body up onto the pier.

According to fire officials, some of the crew members went out to drink, and later one of 'em decided to go back to the boat to cook something.

"He's drink, inside broke window, go inside, and cooking, sleeping, blow up," said Seok Kim, the Captain's friend.

Witness, Lonne Fiero said, "I saw smoke and the fire engines were already here hooking up their water trying to put it out."

"Shortly after arrival we had reports that there might have been someone still aboard the ship. After the fire was contained our crews did go down to the lower sections of the vessel and we did find a male approximately in his 30's," said HFD Captain Earle Kealoha. "This was the only individual aboard the boat."

The KITV News Video shows the charred structure of the boat.

It is unknown who the Micronesian crew member was or whether he had any family here to look out for his affairs and investigate a Jones Act claim that could benefit his family back home. I believe he may be from Ponape. If his negligence was the sole cause of his death then his family may not want to pursue a claim but someone should investigate the matter for the family to determine what happened and explain the law to them. Since the crew member is dead, he can't tell us what happened or defend himself if others say he was at fault. If he has a family back in Micronesia, they may be entitled to compensation under The Jones Act.

Originally posted at InjuryBoard by Wayne Parsons

Benjamin Makekau and Ikaikakane Makekau Victims of Fatal Kalanianaole Crash

Wayne Parsons — Mon, 19 Oct 2009 05:02:36 GMT

The car left the road and went airborne and crashed into a tree and the roof of the Oceanic Institute building. The occupants, Benjamin Makekau, 20, and his brother Ikaikakane Makekau (19) were dead at the scene of this violent car crash according to a KHNL News reporter Duane Shimogawa.

The incident happened on the Waimanalo side of the the Makapu'u lighthouse on a bad stretch of roadway. Police aren't sure what happened because no one has come forward to tell what led up to the deaths. Rumor has it that the Makekau car may have been racing another car. People in the area of the crash say that they heard arguing and voices at the scene of the crash. Another suspicious circumstance is that the police were not called for 45 minutes.

Someone knows what happened and they let the police know. If you know something please call the police or contact me. The KHNL report states:

Police say the driver may have been racing another car, when he lost control around a curve near the Makapuu Lighthouse on Kalanianaole Highway, Sunday.

Investigators say the 20-year-old Makekau is from Waimanalo. His brother is from Kona. They were in the car that hit an embankment which launched them into the air.

The car then crashed upside down into an Oceanic Institute building after hitting a tree and a fence.

The TV news includes a clip Keoni Limahai, who sees the dangers of this stretch of Kalanianaole Highway:

"We have lots of accidents on this roadway right here, it's a pretty busy road," he said.

"The one where they had the Gotcha Pro, had this one driver that had get into one accident, right in the same area and I think three of the people died in his car, he lived," he said.

"I think actually if they widen the road, move, so that you would have more leeway if you get off the road, you could go off a little big, instead of going in the bushes or trees," Limahai said.

The accident happened at around 2 a.m., Sunday. Police say the car veered off the road and launched into the air, crashing into the roof of the Oceanic Institute building.

We agree with Limahai who aptly points out that the real loss will be felt by the families of those who died.

"I just sorry to hear, sorry about for them families, that they lost their loved ones, but you know, you just gotta drive safe man," he said.

Police are still investigating if drugs or alcohol were factors in this crash. If you have any information about this incident, call police.

Originally posted at InjuryBoard by Wayne Parsons

Insurance Reform Now!!

Wayne Parsons — Sat, 17 Oct 2009 13:29:09 GMT

The most important consumer legislation in the last 50 years is presently moving in Congress with Senator Patrick Leahy, VT. leading the way. Senator Leahy Submits Legislation For Insurance Reform - Wayne Parsons - October 16, 2009. The insurance industry is the most political, and many say the most politically corrupt, industry in the U.S. Congress is generally afraid of the insurance industry because they will pour unlimited funds into the next election to get rid of any elected official that dares cross them. Its all about money. Their motto?

We accept your premiums and deny your claims!

Senator Leahy has courage and he cares. We all must support him vocally in the battle that is about to happen as he takes on Big Insurance. Both President Clinton and President Obama ran for President with a promise to take on the insurance industry. President Clinton never got to first base on that vow and President Obama appears to be caving in to the pressure and making back room deals with Big Insurnace and the insurance lobby led by the U.S. Chamber of Commerce and Karl Rove.

I was reminiscing about a similar battle years ago in California when Harvey Rosenfield took a grassroots initiative battle into the board rooms of the insurance companies in California. Prop 103 passed because Rosenfield asked the California voters what they thought about the insurance industry and their answer was loud and clear: stop insurance abuse and enact insurance reform!

Please support Senator Leahy and be vocal about insurance industry reform. Without vocal public participation the fat cats and robber barons will win the day.

Originally posted at InjuryBoard by Wayne Parsons

Sara Sutton Dies In Single Car Crash In Hilo

Wayne Parsons — Fri, 16 Oct 2009 13:07:04 GMT

Speed and alcohol may have been involved in the tragic death of Sara Sutton, an 18-year-old Big Island resident.

According to KITV News

"Police found the crashed 2000 Honda two-door sedan against a macadamia nut tree at about 8:30 a.m. on Wednesday. The car crashed some time between 6 p.m. Tuesday and when the car was found, police said.

It appears Sutton's car ran off the side of Maikalani Drive near Amauulu Street in Hilo before hitting the tree.

View Larger Map

Sara was taken to Hilo Medical Center, where she was pronounced dead at 10:22 a.m.

An autopsy has been done to find the cause of death, and police want people with information about Sutton's activities Tuesday evening to call the department's non-emergency line at 935-3322. When alcohol is involved in a serious accident the police often want to see if the person was illegally served by a liquor establishment.

Originally posted at InjuryBoard by Wayne Parsons

Fire Ant Found On Maui

Wayne Parsons — Fri, 16 Oct 2009 12:52:39 GMT

KITV reports that a fire ant was found on a Maui farm. The fire is small but packs a mean bite. The insect is 1/16th inch long and is light orange in appearance. They aren't fast moving like some ants. It can cause blindness if it bites your pet. The farm on Maui where the fire ant was found is in Waihee.

Dept. of Agriculture Image The fire ant was first found in Hawaii on the Big Island in 1999.

According to KITV:

"This type of ant can build multiple colonies that are all interconnected. So, it's kind of hard to say it's a big colony or not, but it appears to be covering about a half acre, which is actually a fairly small area. So we're very hopeful we caught it early," Department of Agriculture Plant and Pest Control Branch manager Neil Reimer said.

Fire ants originate from South America and have been moving north for decades. Like most things they come to Hawaii by airplane or boat. Their main damage is destroying plants.

Originally posted at InjuryBoard by Wayne Parsons

Senator Leahy Submits Legislation For Insurance Reform -

Wayne Parsons — Fri, 16 Oct 2009 12:20:58 GMT

In spite of all the hem-hawing and confusion surrounding American health care reform, one senator is taking initiative.

Senator Patrick Leahy, of Vermont, has recently introduced the Health Insurance Industry Antitrust Enforcement Act into Congress, which would eliminate current antitrust exemptions for the insurance industry, thereby making them function like almost every other business in America. Since 1945, health insurance companies have been exempt from anti-trust regulations, which has shielded them from many of the same free-market factors that affect other businesses in our country. According to Leahy,

The two key provisions of the Health Insurance Industry Antitrust Enforcement Act will repeal the federal antitrust exemption for health insurance and medical malpractice insurance companies for flagrant antitrust violations, including price-fixing, bid rigging, and market allocations, and subject health insurers and medical malpractice insurers to the same good-competition laws that apply to virtually every other company doing business in the United States.

This reform would greatly help the American people, since it would subject health insurance companies to the same effects of competition and good business that affect the rest of our country's economy. Since they would no longer be protected for mistreating their customers, they would have to compete to offer better service, which would lead to better health care coverage for average Americans who are now paying exorbitant premiums and being dropped by insurance companies at the first sign of physical ailment.

The Washington Independent quotes Robert Hunter one of the great commentators on the insurance industry:

... Robert Hunter, Director of Insurance for the Consumer Federation of America and former Federal Insurance Administrator under Presidents Ford and Carter, saw it differently. In his view, the antitrust exemption, intended initially to be temporary but made permanent during closed-door conference committee sessions of Congress more than 50 years ago, must be repealed to overcome the insurance industry’s anticompetitive practices that have led to higher prices and reduced services. “It is high time that insurers played by the same rules of competition as virtually all other commercial enterprises operating in America‘s economy,” he testified.

According to Hunter, health insurance companies have been able to consistently pay less on claims by agreeing to lower the amounts they reimburse doctors and hospitals for services; adopting similar clauses in their contracts that limit their liability in unfair and abusive ways; agreeing to cut back coverage to certain places, and using similar claims processing systems designed to systematically underpay claims.

As Hunter testified, federal authorities have recommended eliminating or cutting back the antitrust exemption for health insurers and medical malpractice insurers on at least four different occasions after studying it. But Congress has never taken that step, presumably due to the power of the insurance industry lobby.

With the soaring cost of health care now in the spotlight, this may finally be the right time.

As reported by The Pop Tort one of the best consumer Blogs that I follow, the upcoming battle with Big Insurance should be entertaining:

Attention all doctors who complain about the cost of insurance rates! An important hearing is being held right now by the U.S. Senate Judiciary Committee that concerns two new bills that could ultimately eliminate your concerns in a heartbeat. The bills would repeal the anti-trust exemption under the McCarran-Ferguson Act, which makes insurance purveyors the only industry in America (other than Major League Baseball) exempt from federal anti-trust laws that prevent collusion and price-fixing.

The hearing, which is being carried live on the web at 10AM from the Dirksen Office Building (Rm 226), has been given the snappy title, “Prohibiting Price Fixing and Other Anticompetitive Conduct in the Health Insurance Industry,” and there’s an impressive line-up of witnesses, including Senate Majority leader Harry Reid (D-NV), and our friend and colleague, J. Robert Hunter, who is Director of Insurance of the Consumer Federation of America (CFA), former Commissioner of Insurance for the State of Texas, former Federal Insurance Administrator under Presidents Carter and Ford, and a co-author of several studies by the Americans for Insurance Reform (AIR), including the most recent one, True Risk: Medical Liability, Malpractice Insurance and Health Care.

If you are an American who loves the free-market system, do not sit by and let a company that is in charge of your health operate in a way that abuses your rights. Contact your local representative and tell them you support this bill.

Originally posted at InjuryBoard by Wayne Parsons

Why Did Kenneth Richard Owens' Parachute Fail To Open?

Wayne Parsons — Wed, 14 Oct 2009 05:27:55 GMT

In a tragic story, Kenneth Richard Owens is dead today after his parachute failed to open during a sky dive on the North Shore Monday. Owens, a 27-year-old Pearl Harbor-based Navy diver, was set to deploy today and so this was a last bit of fun before he left to defend the country. I cannot imagine there grief and shock family is going through. All of these soldiers are true hero's for defending the country and when a death occurs in a domestic situation like this it is shocking and doesn't seem fair to me. Last year I represented the family of Ethan Ranz, a war hero from Fertile, Minnesota after he was killed by a drunk driver, 5 days before his discharge and return to his parents home. I cannot imagine a sadder situation. In a small way have seen what the Owens family is going through and I know that there are no easy answers for them.

According to the Star Bulletin story, by Gary T. Kubota and Leila Fujimori Owens had made dozens of jumps since August 2008. He fell 13,000 feet without his parachute opening and was found in Mokuleia.

Owens is believed to be married and have a child. He is from West Chatham, Massachusetts and his parents are David and Mary Owens of West Chatham. Our condolences go out to the family.

The FAA is investigating the circumstances surrounding the accident. According to the Honolulu Star Bulletin investigation:

Owens was in a four-person formation when his main parachute failed to open due to what Hinshaw said was a packing error. "He had a high-speed malfunction, but he should have responded by opening up his reserve."

Hinshaw said Owens was sports-jumping with three others and was on his third jump of the day.

Owens landed in a pond on Dillingham Ranch, authorities said. Skydive Hawaii employees pulled Owens from the pond about five minutes later.

The other three divers landed safely at Dillingham Airfield and gave reports to police, Hinshaw said.

The call came into the Fire Department at 12:27 p.m., and police and fire officials got to the scene quickly and began resuscitation efforts. Owens wa then taken by ambulance to Wahiawa General Hospital.

Owens had 85 to 95 jumps according Skydive Hawaii:

"I remember I congratulated him when he graduated his student program," around September 2008, and he had started sky-diving in August 2008, he said.

"He was a together guy," Hinshaw said. "He seemed to have his wits about him and command over all his facilities. He's a nice, pleasant guy."

"Skydive Hawaii regrets the loss of his life and mourns the loss with his family and friends. ... He had so much potential," Hinshaw said.

Owens packed his own parachute but carried a reserve parachute that was packed by a professional rigger, Hinshaw said.

"It's rare that someone would have a total malfunction and not deploy their reserve parachute," he said.

Hinshaw understands why Owens used his last day before shipping out to go sky-diving. "The people that kind of get addicted to sky diving, you want the adrenaline, where sky diving does give you the adrenaline," he said. "It's something that's very enjoyable.

"He was a wonderful young man," he said. "He was just enjoying life."

The statistics show that injury or death in skydiving is rare. It is actually a pretty safe sport according to the book "Jump! Make Your First Skydive Fun and Easy" by Tom Buchanan:

USPA data for 2000 shows that there were 32 fatalities, and there were 34,217 members of the organization that year. Using these figures defines a fatality rate of 1 per 1,069 members. The fatality numbers will vary significantly from year to year, but a ten year average of data collected between 1991 and 2000 shows one skydiving death was recorded for every 903 members. USPA single year data also show that members made an estimated 2,244,165 jumps in the year 2000, presenting a fatality rate of one death for each 70,130 skydives that year.

The President of Skydive Hawaii, talking to KGMG television news speculated that the problem may be from Owens packing his parachute:

"He did have a good amount of knowledge of sky-diving, he packed his own chute, he was certified to jump by himself," said Frank Hinshaw of Skydive Hawaii.

The 27-year-old and three friends had gone up with Skydive Hawaii, a company Owens first jumped with last year. Hinshaw says Owens used his own chute and packed it himself. Everything was fine during the group's first two jumps earlier in the day, but the third jump ended in tragedy.

The FAA and police are investigating but Hinshaw speculates the chute may not have been packed properly.

"He made a problem in his packing procedure and probably didn't close main parachute properly," Hinshaw guessed.

A skydiving expert tells us a jumper is taught to aim for water if half of the parachute malfunctions, but the water didn't cushion Owens' fall; his main and reserve parachutes failed to deploy

Something doesn't add up for me. Owens was plenty experienced and, I think, unlikely to screw up packing his parachute. I wonder who owned the parachute and whether if may have been defective. First the FAA will investigate and they we can look more closely at the situation. Anyone with information is welcome to Comment.

Originally posted at InjuryBoard by Wayne Parsons