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October 2011: Breast Cancer Awareness Month

Brett Emison — Thu, 06 Oct 2011 10:51:00 GMT

This afternoon I will be speaking at a CLE program for new lawyers and then attending an annual Missouri Association of Trial Attorneys benefit for Breast Cancer Awareness. Once again, MATA is going Passionately Pink for the Cure.

MATA is holding Passionately Pink events in Kansas City, St. Louis and Springfield, Missouri. MATA will donate $5.00 to the Susan G. Komen Foundation for each female member of the organization. MATA will also donate $10 for each male attendee wearing pink to one of the MATA Passionately Pink events.

I wrote last year about Breast Cancer Awareness Month. Here it is again in case you missed it:

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October is National Breast Cancer Awareness Month. Breast cancer is the 2nd most common cancer affecting women and most families have been touched in some way by this disease. My own immediately family has faced and survived four cases of breast cancer in just the last few years.

Breast cancer occurs when cells divide without control or order within the tissues of the breasts. Cancer cells can also break away from the original tumor and enter the bloodstream or lymphatic system, which is how breast cancer may spread to other areas of the body.

According to the American Cancer Society, there were nearly 200,000 new cases of breast cancer in 2009. Early detection remains the most critical life saver with respect to breast cancer. Women should begin monthly self-exams starting at age 20. Women age 40 and above should receive an annual mammogram (and women at high risk for breast cancer should begin mammography screenings at age 30).

Risk factors for breast cancer include:

Age: The risk of breast cancer increases as women age. Nearly 80% of breast cancer is diagnosed in women aged 50 years and older.
Personal History: Women who have had breast cancer in one breast are at an increased risk of developing cancer in the other breast.
Family History: A woman has a higher risk of breast cancer if her mother, sister or daughter had breast cancer, especially if they developed breast cancer younger than age 40.
Genetic Factors: Women with certain genetic mutations, including changes to theBRCA1 and BRCA2 genes, are at a higher risk of breast cancer.
Childbearing and Menstrual History: The older a woman is when she has her first child, the greater her risk of breast cancer. Women who first menstruate at an early age, who go through menopause late or who have never had children are also at an increased risk for breast cancer.

If you would like to support the fight against breast cancer, you can do so through the following organizations:

Originally posted at InjuryBoard by Brett Emison

The Lowdown on “C. Diff” Hospital Infections

Mike Ferrara — Sun, 29 Jan 2012 13:18:08 GMT

If you don’t work in a hospital, chances are you’re not familiar with the term “C. diff.” It stands for Clostridium difficile, a bacterium that causes an intestinal infection along with severe diarrhea, colitis and even death. These days, patients who come into the hospital with this infection or contract it in the hospital are generally put in precaution rooms to prevent its spread to other patients. Health care workers in charge of these patients must take extra precautions as well.

The most recent numbers tell us that this approach is working. From 1993 to 2008, incidences of hospital stays involving C. difficile increased 300 percent. But between 2008 and 2009, the number of C. difficile infections in hospitals leveled off, according to the Agency for Healthcare Research and Quality (AHRQ).

There were 86,000 hospital stays involving C. difficile in 1993, increasing to 349,000 in 2008, but in 2009 there were about 337,000 stays.

Patients age 85 and older were at highest risk, with hospital stays at a rate of 1,089 per 100,000 people. This was more than double the next highest rate, for those age 65 to 84, at 465 stays per 100,000.

More than 9 percent of hospital stays with C. difficile ended in death, compared with less than 2 percent for all other hospital stays.

Patients with this condition spent an average of 13 days in the hospital, while the average hospital stay for others was less than 5 days. - AHRQ News and Numbers

C. difficile is a bacterium that’s normally present with no complications in the human intestine. However, when patients are given antibiotics, C. difficile, which is resistant to normal antibiotic routines, can take over and cause intestinal inflammation and bleeding. If the infection gets really severe, the only treatment is removing the colon.

Originally posted at InjuryBoard by Mike Ferrara

Elevator problems found in Manhattan building where malfunctioning elevator crushed woman

Paul Napoli — Mon, 16 Jan 2012 12:48:21 GMT

Officials found numerous elevator violations in the building where ad exec Suzanne Hart died last month in a tragic elevator accident.

Suzanne Hart, 41-year-old Director of New Business Content & Experience at the advertising firm Y&R, died the morning of December 14, 2011 after the elevator she was boarding on her way to her midtown Manhattan office lurched upward with the doors open, crushing her between the elevator car and the wall of the shaft.

An investigation by the New York City Department of Buildings immediately focused on the maintenance records after they learned Transel Elevator Inc., the company that holds the elevator maintenance contract, serviced the elevator just hours before the malfunction caused Hart’s death.

DNAinfo.com reported that Transel technicians replaced computer equipment and recalibrated electrical equipment earlier that day.

After the incident, the buildings department closed the building pending an inspection of all thirteen of the building’s elevators. While the cause of the elevator’s malfunction is yet to be determined, the elevator in question and a few other elevators lacked a certificate of compliance, a problem with their paperwork.

However, the New York Post obtained a report by the buildings department showing there was an “epidemic” of serious elevator violations at the building. Immediately after the tragic accident that killed Hart, buildings department inspectors wrote eleven violations against thirteen of the building’s elevators.

Among the violations:

A misalignment of a hoist cable that could result in the cable slipping off the pulley
A jumper wire on a controller that bypassed safety features
Failure to conduct annual testing on some of the elevators as required
The use of nails instead of cotter pins in counterweight shackles
Eccentrics, parts of elevator sliding door mechanism, missing on elevator doors of the top fifteen floors
Improper clamps on cables

Seven of the building department violations were Class 1 in severity, meaning “immediately hazardous” and four listed as Class 2 “major violation.”

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Originally posted at InjuryBoard by Paul Napoli

Keahihoku K.P. Lum of Honolulu Struck And Killed By Boat In Maunalua Bay

Wayne Parsons — Wed, 07 Oct 2009 07:44:00 GMT

An investigation by the state Department of Land and Natural Resources (DLNR) along with the Coast Guard is underway into an ocean boating death at maunalua Bay on Sunday, 4 October 2009. The victim, Keahihoku K.P. Lum of Honolulu, was in the water diving when the boat struck him shortly before 1 P.M. The boy was a senior at Farrington High School.

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The Medical Examiner identified trauma to Keahihoku's chest and stomach from a boat propeller. Most boats have propeller guards to protect against this type of tragedy. The Propeller Guard Information Center has a wealth of information on propeller guards. The site includes references to support groups for families like the Lum's.

Memorial Sites to Propeller Accident Victims

Survivor Advocacy in General

Other Links Related to Propeller Safety

Although the death is labeled as an accident it is certainly being looked at carefully by the investigators as it should be. One mus hope that they look closely at why the propeller guard was not shielded. If anyone has information about this incident thy should come forward to the Coast Guard, the DNLR or post a Comment below.

My thoughts go out to the Lum family.

Originally posted at InjuryBoard by Wayne Parsons

Deadly Car Accident in Franklin Caused by Alcohol

Rob McKinney — Wed, 11 Apr 2007 16:33:58 GMT

A day of drinking turns deadly on Franklin Road as traffic was tied up for hours . Jeremiah McPherson began drinking after he left a job site . It appears he was to drunk to drive and slammed into another car. McPherson was driving a Cavalier that hit a Lexus at the intersection of Franklin Road and Mack Hatcher Boulevard. The passenger of McPherson's car was killed and the other driver was injured . McPherson was charged with Vehicular Homicide . Drinking and Driving continues to impact all members of society .

Originally posted at InjuryBoard by Rob McKinney

Bicyclist Hit By Car – Fatal Bike Accident

Claude Wyle — Sat, 20 Feb 2010 00:00:24 GMT

It has been a terrible couple of weeks for Bay Area cyclists. The Santa Clara County medical examiner's office has now identified 28-year-old Joshua Ryan West, a father on his way to physical therapy, as the bicyclist who was fatally hit by a car in Los Gatos earlier this month.

According to NBCBayArea.com, at approximately 8:50 a.m. on Monday February 1, 2010, the driver of a Chevrolet Blazer hit West on his bicycle as they were both traveling east on Lark Avenue, Los Gatos-Monte Sereno Police Department Sgt. Kerry Harris said.

Officers responded, but West was pronounced dead at the scene.

The driver of the Blazer suffered minor injuries when his car rolled over after the collision with bicyclist West. He is expected to be released from the hospital sometime Monday.

The preliminary investigation, based on witness statements and evidence at the scene, indicates that the Blazer was in the number 2 lane, then veered to the right lane before drifting onto the sidewalk where it hit bicyclist West at Garden Hill Drive, according to Harris. The Blazer then hit a pedestrian safety barrier and continued across the intersection, hitting a signal light and then finally flipping over on its side.

Harris said West was found next to the car, and it is possible he may have been either carried across the intersection by the car or thrown by the impact of the Blazer.

Although there were no obvious signs that alcohol or drugs factored in the crash, on February 2, Los Gatos police announced the arrest of the man they say was behind the wheel of the sport utility vehicle that struck West. Police arrested Kevin Derr, 50, for vehicular manslaughter.

As an avid cyclist and Bay Area bike lawyer, I am pleased to hear that an arrest has been made in this case. Although nothing can be done to ease the pain of Mr. West’s family, I sometimes despair that the authorities do not take bicyclists seriously and do not do enough to protect us when we’re on the road. Please join with me in keeping bicyclists’ rights in the forefront and visit the San Francisco Bicycle Coalition when you get a chance.

I also want to mention that Mr. West was a single father. He had just dropped his daughter off at school prior to the crash and was going to a doctor appointment for a back problem when he was hit. A fund has been set up for his daughter, 7-year-old Briana. Contributions to the 'Joshua West Memorial Fund' will be accepted at local Wells Fargo branches.

We are not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call a reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free confidential consultation to "not a fault" persons named in this article and their family members.

Originally posted at InjuryBoard by Claude Wyle

Katmai Sinks in Aleutians Off Amchitka Pass

Mike Schneider — Sat, 25 Oct 2008 16:12:59 GMT

The Katmai lost its steering and was rolled by two story high waves. Dead are Cedric Smith and Glenn Harper of Portland, Oregon. Dead as well are their shipmates, Jake Gilman, on his first voyage and from Camus, Washington, Joshua Leonguerrero of Spanaway, Washington, and Fuli Lemusu of Salem, Oregon. Missing and presumed dead are Carlos Zebala of Helena, Montana, and Robert Davis of Deming, Washington. In a dramatic rescue, Coast Guard Rescue Swimmer, Dave Coats, pulled Capt. Henry Blake III, of Worcester, Mass., Adam Foster of Shoreline, Washington, Guy Schroder and Harold Appling, both of Anchorage, Ak., from the boiling seas hours after the vessel rolled.

The incident is being investigated and may lead to closer federal monitoring or regulation of the fleet. Survivors and the families of the dead and missing may have general maritime or Jones Act claims if unseaworthiness or negligence played a role in the tragedy.

Originally posted at InjuryBoard by Mike Schneider

The Difference Between Wrongful Death and Survival Actions

Geoff Trachtenberg — Sun, 22 Apr 2007 09:44:09 GMT

Arizona law provides for two causes of action when someone dies: a wrongful death claim and a survival action. The purpose of providing both actions is to give the parties damaged a complete remedy and opportunity to recover the loss sustained.

The wrongful death action is intended to benefit certain survivors -- called statutory beneficiaries -- such as the decedent's parents, children, and spouse, and its purpose is to compensate them for the loss of the relationship with the decedent. The survival action is intended to benefit the decedent's estate, and its purpose is to prevent the tortfeasor's liability from ceasing upon the injured person's death.

A survival statute does not create a new claim but merely prevents abatement of the injured person's claim and provides for its enforcement by his personal representative. The Arizona Supreme Court has succinctly explained:

The [survival action] permits recovery for the wrong to the injured person and is confined to his personal loss while the [wrongful death action] is for the wrong to the beneficiaries, confined to their loss because of the death. The latter begins where the former ends and recovery on both is not a double recovery for a single wrong but rather separate recoveries for different wrongs.

Barragan v. Superior Court, 470 P.2d 722, 725 (1970).

Originally posted at InjuryBoard by Geoff Trachtenberg

House GOP Bill Would Enable Anti-Abortion Civil Suits

Andrew Cochran — Thu, 09 Feb 2012 15:34:08 GMT

This week, the House Judiciary Committee approved H.R. 3541, the "Prenatal Nondiscrimination Act," which prohibits an abortion based on the sex, gender, color or race of the child, or the race of a parent of the child, as well as certain acts which facilitate the performance of a sex-selection or race-selection based abortion.

Articles from the pro- and anti-abortion commentators have focused on the criminal side of the bill and its potential impact on abortion rights. But I want to focus on another section of the bill, one which enables civil suits by the woman whose baby could be forcibly aborted, or by certain family members. That's a remarkable development for the Republicans serving on the Judiciary Committee, considering where they stand on other types of lawsuits.

Most of the House Republicans on that committee have been openly hostile to victims of medical malpractice, and last year approved H.R. 5, a bill designed to impose national limits on awards in medmal suits and impose wage limits on the attorneys who try such cases in court. So House Republican Judiciary Committee members are simultaneously opposing lawsuits filed in cases of personal injury or death, but creating a private right of action when race or sex is used as an excuse for abortion. Moreover, the committee Republicans backing H.R. 3541 have also backed H.R. 1433, titled "The Private Property Rights Protection Act," which enables civil suits by property owners against abusive eminent domain actions by local governments. There's no logical basis for the inconsistent treatment between medmal lawsuits on one hand, and certain abortion or property rights cases on the other.

I'm not against either of the two bills creating new private rights of action. As a pro-life conservative, I'm all for new legal tools to limit abortion on demand. But let's be consistent, just as the Founding Fathers were, when it comes to the civil justice system. They protected open courtrooms for all causes and cases, and so should Congress. Medical malpractice victims, victims of forced abortions, and property owners are equal under the law and have an equally unalienable right to bring their cases before a local jury.

Originally posted at InjuryBoard by Andrew Cochran

U-Haul Sued for Wrongful Death

David Rowell — Sun, 16 Sep 2007 21:04:23 GMT

Demetrio Nagtalon rented a truck from U-Haul in San Francisco in December 2006, to move equipment from a video store he operated. When he had problems with the truck's parking brake, he drove it back to the U-Haul rental center for help. Bobby Johnson, a U-Haul employee, slid under the dashboard with pliers, trying to fix the parking brake. Instead of a repaired truck, Nagtalon ended up with a crushed pelvis and massive internal injuries; he died two hours later.

When Johnson started working on the truck, he left the engine running and the truck on an incline; he didn't block the wheels. When he pulled on the truck's parking brake cable, the truck started rolling; Nagtalon rushed forward, trying to help Johnson, who called Nagtalon "a hero" in police department papers. Nagtalon ended up pinned between the truck and a steel column. Nagtolon, 63, died later at a Bay Area hospital. "He got hurt trying to save me" Johnson told plice.

Nagtalon's widow and surviving children have filed a wrongful death action against U-Haul, claiming the company, and Johnson, were negligent in faling to turn off the truck's motor, put the vehicle in "Park" or make repairs in a safe location.

U-Haul says it was not its actions, or its employees' that caused Nagtalon's death; instead, says U-Haul, "the cause of this accident was Mr. Nagtalon's actions, which placed his safety at risk in a situation where his assistance was not required."

The Los Angeles Times has written about persistent safety problems with U-Haul trucks and trailers, claiming that U-Haul's fleet includes many aging, high-mileage vehcles that don't meet U-Haul's own safety standards. According to the Times report, it's not unusual for untrained or inexperienced U-Haul employees, like Johnson, to attempt on-the-fly repairs to keep these vehicles on the road.

The truck Nagtalon rented was 13 years old and had over 180,000 miles on the odometer; a week earlier it had been in for repairs to its parking brake; according to U-Haul's repair records, the brake would not disengage, the same problem Nagtalon experienced.

Nagtalon's survivors are seeking damages from U-Haul as a result of Nagtalon's death.

For more information on this subject matter, please refer to the section on Wrongful Death.

Originally posted at InjuryBoard by David Rowell