The Injury Board Regional Blogs

Retired State Trooper “Gives Back” to the Law Enforcement Community in Unique Way

Matt Gurwell — Mon, 13 Feb 2012 10:55:05 GMT

Keeping Us Safe, a national organization based in Cleveland, Ohio has unveiled its newest educational program titled “Driving Under the Influence of Dementia”. This continuing education program is being made available to law enforcement agencies nationwide, and will be available to them at no cost.

Keeping Us Safe provides services to America’s senior drivers and to their families. Keeping Us Safe also provides continuing education programs to nurses, social workers and other geriatric professionals on the topic of the older driver.

Matt Gurwell, Founder & CEO of Keeping Us Safe, retired from the Ohio State Highway Patrol in 2005 as an Assistant District Commander. Gurwell explains that “On a daily basis, officers from across the country are faced with the challenges older drivers with diminishing skills can present. As a retired Trooper, I see this as one way Keeping us Safe can give back not only to law enforcement, but also to the communities they serve”.

This continuing education program has been developed specifically for the law enforcement community. Keeping Us Safe has exercised due diligence to make sure this program is properly tailored to the unique needs of the law enforcement community. The program includes such topics as:

• What role does Alzheimer’s Disease and/or dementia play in the older driver?
• How do I know if an older driver is suffering from cognitive loss as a result of the aging process?
• What can I do with the driver I have come across that should not be driving, either because of diminished physical skills or because of cognitive decline?
• What resources are available to families in our community that are concerned about an older driver’s safe driving abilities?
• As an agency, how can we minimize our liability as it relates to age-related driver contacts?

When asked what the ultimate motivation was for starting Keeping Us Safe, Gurwell explains "There was never one particular event. It was the result of 20-plus years of holding dying people in my arms at terrible car accidents, and delivering dozens of death notifications to families. I would much rather work with families to bring a peaceful resolve to this sensitive and uncomfortable issue now, rather than have them deal with it when a State Trooper is knocking on their front door".

Gurwell adds that the scheduling of these sessions will be coordinated with other training opportunities in your area. Many of the actual training sessions will be conducted by Keeping Us Safe’s team of Certified “Beyond Driving with Dignity” Professionals, who are now deployed throughout the country.

More information on this continuing education program for law enforcement is available at:
http://keepingussafe.org/drivingundertheinfluenceofdementia.htm

More information on the “Beyond Driving with Dignity” Professional Certification program is available at:
http://keepingussafe.org/linked/brochurebddprofessionalcertification020712.pdf

Originally posted at InjuryBoard by Matt Gurwell

Tekturna ALTITUDE Study Halted

Michael Monheit — Mon, 13 Feb 2012 08:58:01 GMT

Millions of individuals in the U.S. suffer from high blood pressure—a major risk factor for cardiovascular disease, the number one leading cause of death in the U.S. In addition to lifestyle changes many people rely on medication to regulate their blood pressure. In 2007 the FDA approved the blood pressure medication aliskiren, sold in the U.S. under the brand name Tekturna. Tekturna was the first in a new class of blood pressure drugs known as “renin inhibitors”. Renin inhibitors are unique in that they regulate the kidney’s production of renin, which is an enzyme that regulates blood pressure.

Upon its release, Novartis, the maker of Tekturna, embarked on what was known as the ALTITUDE study, which examined the potential benefits of Tekturna in reducing cardiovascular and renal events in patients with type 2 diabetes, who are particularly prone to both cardiovascular and kidney issues. But now Novartis has announced that it is discontinuing the study because preliminary results show no added benefit and an increase in adverse events for patients who participated in the study.

The ALTITUDE study involved the participation of over 8,500 patients from 36 countries who were receiving traditional cardiovascular treatment, including angiotensin converting enzyme (ACE) inhibitor or angiotensin receptor blocker (ARB). The purpose of the study was to see if patients would benefit from receiving Tekturna in addition to these traditional treatments. The results clearly show the answer is no—and that it in fact increases the risks to those patients.

As compared to patients who received a placebo, patients receiving Tekturna saw no added benefit to their cardiovascular treatment. Instead, there was an increase in the incidence of non-fatal stroke, renal complications, hyperkalemia and hypotension. Given these findings, the ALTITUDE study has been discontinued and participating physicians are to remove Tekturna from their patients’ treatment regimen. Patients who were receiving Tekturna as part of the study are likewise advised to consult with their physicians about adjusting their treatment.

The termination of this study coincides with news that Europe’s primary drug regulation body is undertaking a review of whether Tekturna (marketed as Rasilez in Europe) increases the risk of nonfatal stroke and kidney problems. In the meantime, doctors are being told not to prescribe Tekturna/Rasilez to diabetic patients on ACE inhibitors or ARBs.

Originally posted at InjuryBoard by Michael Monheit

Your Medical Info Could Be Worth $50 for Fraudulent Claimants

David Mittleman — Mon, 13 Feb 2012 08:57:42 GMT

Did you know that your medical information is worth $50? At least that's according to experts who say that your insurance number, part of your medical history, or your insurance number are worth big bucks to those individuals who will try to file a fraudulent claim with your information.

Last year alone, there were an estimated 11 times that Michigan health care providers accidentally breached or lost the health data of more than 118,000 patients overall. Plus, a report released last year alleges that such mistakes have risen 32% since last year because of doctors' increased reliance on smartphones or other electronic devices to update medical files. Although it's not clear whether the information was used to file fraudulent claims, it still can be used in such malicious ways--leading you to have more difficulty obtaining insurance or having to spend years rebuilding your credit history.

But the federal government decided it was time to get tough in 2009. As part of an effort to decrease the violation of health privacy laws, lawmakers passed the Health Information Technology for Economic and Clinical Health (HITECH) Act. The HITECH law made the following stipulations:

• It provides $20 billion in funding to help local providers adopt electronic record-keeping. Providers who have not adopted such technology by 2015 will be penalized by a lowering of their Medicaid and Medicare reimbursements.

• It hands state attorneys general the authority to bring civil action on behalf of residents if their health information is inappropriately released or stolen.

• It boosts fines for those who fail to protect information to up to $1.5 million, depending on how egregious the breaches might be.

• It requires public reporting of breaches involving information for more than 500 people.

Hopefully, these types of changes will protect patients from ID theft and mixed-up records that could permanently and drastically alter their lives.

Originally posted at InjuryBoard by David Mittleman

Pennsylvania Saw Several Car Wrecks And Injuries After Weekend Snow, Ice And Wind

Scott Cooper — Mon, 13 Feb 2012 08:02:55 GMT

Always remember that winter weather causes many roads to become slippery. Also, high winds make the conditions even more potentially dangerous. This weekend Pennsylvania saw snow, ice and wind.

According to many newspaper and television station reports, last Saturday February 11, 2012 saw many car wrecks and accidents resulting in injuries in Pennsylvania. These crashes coincided with the light snow, some ice and high winds throughout the Commpnwealth of Pennsylvania, from Philadelphia to Harrisburg and out west to Pittsburgh.

For instance in Central Pennsylvania, just outside Lewistown, north of Harrisburg, Pennsylvania State Police in Selinsgrove report two McClure residents were injured during a two-vehicle crash. Rodger Joseph Secrest was traveling eastbound along U.S. 522 just west of Beaver Springs around 1:15 p.m. when his vehicle appears to have crossed over the center line and struck a westbound vehicle operated by Ellen L. Knepp.

Police said Rodgers was transported to Geisinger Medical Center for treatment, while Knepp was transported to Evangelical Hospital in Lewisburg. For more on the accident go to the Lewistown Sentinel website at the following link:

http://www.lewistownsentinel.com/page/content.detail/id/533172/Police–Two-car-collision-involves-local-residents.html?nav=5010

This accident and wreck is just one of the many crashes which occurred over the weekend. Please remember to drive even slower when winter weather conditions cause slippery roads.

Originally posted at InjuryBoard by Scott Cooper

Recall of 226,000 Coleman, Coleman Evcon and Red-T Gas Furnaces Re-announced

Greg Webb — Mon, 13 Feb 2012 08:00:00 GMT

The U.S. Consumer Product Safety Commission (CPSC) in cooperation with the Unitary Products Group of York International has re-announced a voluntary recall of 226,000 Coleman, Coleman Evcon and Red-T brand gas furnaces for manufactured homes, due to continued reports about the furnaces overheating and causing fires. The recall involves approximately 223,600 recalled which were sold in the U.S. and 2,400 in Canada.

This recall was first issued on November 15, 2004, when only 27 reports of overheating incidents with these furnaces had been reported. To date, 393 reports have been received by York International, including several reports of extensive property damage.

According to the CPSC, “the furnaces can overheat, causing heat-exchanger cracking, burn-through and, in extreme cases, furnace wrapper burn-through” which can lead to heating and possible burning of drywall and other combustibles adjacent to the furnace posing a fire and smoke hazard to consumers.

The Coleman, Coleman Evcon and Red T furnaces are “silver” with white access panels. The brand names Coleman, Coleman Evcon and Red T can be found on their front access panels. By removing both front access panels, the furnace’s model number can be located on a faceplate on the left inside surface of the furnace (behind the lower panel access panel). Furnace models involved in the recall are:

DGAM075BDD
DGAM075BDE
DGAM075BDF

DGAT070BDD
DGAT070BDE
DGAT070BDF

DGAT075BDD
DGAT075BDE
DGAT075BDF

DLAS075BDD
DLAS075BDE
DLAS075BDF

These furnaces were sold to be used in manufactured homes throughout the United States and in Canada from 1995 through 2000. Consumers should stop using the furnace until it has been inspected and repaired; and consumers should contact Unitary Products Group (UPG) of York International to arrange for inspection and repair of any recalled furnace listed in this recall.

Consumers may contact the UPG/York International company for additional information on the hazard involved with these furnaces and to answer any installation, inspection and repair questions, by calling toll-free 1(888) 665-4640 between 8 a.m. and 5 p.m. Central Time Monday through Friday, or by going to the company’s website at www.dgatprogram.com. According to the CPSC, UPG Technical Services is also conducting a comprehensive notification and communications program and working with its distributors to locate owners of these furnaces.

To view a photo of these furnaces and the faceplate (with model number), please visit the CPSC website at: http://www.cpsc.gov/cpscpub/prerel/prhtml12/12102.html

Originally posted at InjuryBoard by Greg Webb

Treating Doctors' Opinions' Weight in Social Security Disability Cases

Doug Landau — Mon, 13 Feb 2012 06:28:00 GMT

In many disability claims brought before the Social Security Administration, the treating physicians' records are reviewed along with the reports from medical doctors hired by the Federal Government. These medical examiners and records reviewers retained by the government often support a denial of the disabled worker's claim. According to Loudoun County Social Security disability lawyer Doug Landau, the treating doctors' opinion are supposed to be given more weight than a one-time examiner or medical records reviewer, neither of whom have ever spoken with any of the health care providers who have actually cared for the disabled claimant. A recent Washington DC Social Security Disability case illustrates how the Federal Administrative Law Judge ("ALJ") is supposed to weigh the medical evidence in these claims. The ALJ rejected the opinion of the claimant's treating doctor that his patient could not sit more than 4 hours in an 8 hour day (which would eliminate the ability to do most sedentary work). Under the the treating physician rule, if an ALJ does not give a treating doctor's opinion controlling weight, the judge must always provide a good reason for the weight given.

In Jones v. Astrue,* the DC Federal Circuit Court of Appeals held that,

"Because the ALJ failed to explain his reason for rejecting [the treating doctor's] opinion regarding Jones ability to sit, his decision cannot survive review. On remand, the ALJ is instructed to explain what weight he attaches to the treating physician's conclusions. If he gives the opinion no weight, he must explain his reason for doing so."

The decision denying Social Security benefits was reversed and the case was remanded for consideration of new and material evidence. Adds lawyer Landau, when a Federal disability judge fails to give the proper weight to a long-time treating or family doctor's opinions, and does not have a good reason for doing so, the Appeals Court should reverse the decision and, as happened here, send the case back so that the evidence can be properly weighed. If you or someone you know or care for has become disabled and there are questions about Social Security Disability, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.

*Jones vs. Astrue, 647 F.#rd 350 (D.C.Cir., 2011)

Originally posted at InjuryBoard by Doug Landau

Top Virginia Lawyer Runner Supports "Girls on the Run"

Doug Landau — Sun, 12 Feb 2012 21:45:03 GMT

Rather than run with other lawyers at the Scottsdale Convention site, Triathlon Trial Lawyer Doug Landau chose to run in the competitive 34th Annual Runners Den 5k and 20k races in Phoenix, Arizona. Landau, who has won a number of prizes in lawyer and law meeting sports events, opted to take on local racers and compete in the "Double Down" competition. Melissa and Doug's "Double Down" entry fee went to several good causes, one of which was "Girls on the Run" ("GTR"). Doug has participated in "Girls on the Run" events on the East Coast, and this was an opportunity to support GOTR in the SouthWest. The objective of Girls on the Run is to educate and empower girls at an early age in order to prevent at-risk activities in the future. At risk activities include substance/alcohol use, eating disorders, early onset of sexual activity, sedentary lifestyle, depression, suicide attempts and confrontations with the juvenile justice system. Click here for more information about Girls on the Run of Maricopa County

After attending Continuing Legal Education at 6:30 AM (!) the Landaus drove past the Forge Convention Fun Run to Paradise Valley. Herndon Virginia injury lawyer Doug Landau was able to medal in the 5km race, average under 7 minutes per mile in the 10 km and was 21st (and the top out of state finisher) of the 119 finishers of the prestigious "Double Down" competition. Landau, of the Herndon law firm ABRAMS LANDAU, Ltd., is shown in the photo with the Runners Den Race Directors collecting his "hardware" before returning to learn at the Association for Justice meetings. The Landaus were able to return to the Convention site in time for inspiring presentations and networking and problem-solving with the best trial lawyers from all over the United States.

Originally posted at InjuryBoard by Doug Landau

Need To Keep Cars Off 2012 Minnesota Ice

Mike Bryant — Sun, 12 Feb 2012 19:33:27 GMT

There have been all types of vehicles and people falling through Ice around the Twin Cities.

Feb. 8: an SUV broke through ice on Eagle Lake in Maple Grove.

Feb. 7: an ATV broke through ice on Parker’s Lake in Plymouth.

Feb. 6: an SUV broke through ice on Medicine Lake in Plymouth.

Feb. 4: a pick-up truck broke though ice on Lake Minnetonka, Upper Lake. The vehicle became submerged and the driver escaped through a window. A passerby, a man who was cross country skiing, assisted the man with getting out of the lake. The man was transported to a hospital and treated for hypothermia.

Feb. 4: a pick-up truck broke though ice on Lake Minnetonka, Smith’s Bay.

We need to look at the thermometer and not at the calendar this winter. The Hennepin and Ramsey Sheriff departments have announced that:

enough is enough by prohibiting the use of cars, trucks and SUVs on all frozen bodies of water in the county. Lake access points were closed on Feb. 9, and will remain closed until further notice.

It is important that no matter the date, we need to make sure that the ice is safe before it is used. Also check out:

The Ice May Not Be Ready Yet to Go Out On, Mike Bryant | January 01, 2012 4:40 PM

A Lot Of Reasons To Recheck Your Fish House, Mike Bryant | January 29, 2011 6:23 PM

The Dangers of Ice and Frozen Bodies of Water During Winter, Tom Hastings | December 13, 2010 2:52 PM

Winter is a great time in Minnesota. Safety thoughts will make it even better.

Originally posted at InjuryBoard by Mike Bryant

Survey Reveals Some Doctors Mislead and Hide Information From Patients

Jim Lewis — Sun, 12 Feb 2012 19:32:08 GMT

A nationwide survey of nearly 2,000 physicians revealed that close to 20 percent of physicians disagreed with the notion that they should "never tell a patient something that is not true." Basically, this means roughly 20 percent of doctors are comfortable with not telling the truth to their patients. If that wasn’t bad enough, 11 percent of the physicians surveyed admitted that they told a patient "something that was not true" in the past year, according to a report on the findings published in the Sacramento Bee.

Many doctors disagreed with the notion of revealing all of their financial ties to companies that make drugs and medical devices. In the survey, 35 percent of physicians did not agree with the notion that these ties should always be fully disclosed to patients. This is troubling since some patients may not be comfortable having a certain procedure done or taking a particular medication if they were told that their doctor was being funded by the company making that drug or something affiliated with a particular procedure.

Take, for example, the DePuy hip replacement recall. After the recall was announced, it was discovered that DePuy paid 200 doctors close to $80 million for “consulting” work. Some surgeons were paid over $1 million each. Some people have suggested that getting paid large amounts of money by a manufacturer influences what the doctor suggests to their patients.

But the most disturbing revelation from the survey was related to doctors actually being comfortable hiding medical mistakes. The survey revealed that 34 percent of physicians did not completely agree that "all significant medical errors" should be disclosed to patients. Furthermore, 20 percent of physicians said they had actually withheld information about medical mistakes from their patients in the past year. This behavior is totally unacceptable. It’s one thing to not want to tell a patient about a medical error, but it’s totally different to consciously withhold that information. Innocent patients have suffered serious injuries, or had their injuries exacerbated, by medical errors that were not disclosed to them. For example, our firm represented a client who suffered serious injuries after it was discovered that a surgical sponge was left inside her body from a surgery. As a result of this blatant medical error, the patient had to undergo a bowel resection surgery.

If you or a loved one is undergoing a procedure, know that your doctor has no right to withhold important information regarding your condition and medical procedures. Such behavior is wrong and grounds for legal action.

About the Editors: The Shapiro, Lewis & Appleton personal injury law firm, which has offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard as pro bono services.

Originally posted at InjuryBoard by Jim Lewis

The Big Trial Charade

Steve Watrel — Sun, 12 Feb 2012 14:11:37 GMT

Personal injury trial lawyers deal with some curious laws as a result of insurance industry sponsored statutes that stack the deck in their favor. One of these is the so-called “Non-Joinder Statute” (Florida Statute section 627.4136) which says it is illegal for an injured person to sue the at-fault party’s liability insurance company as a defendant in a lawsuit. The law only allows an injured person to sue the at-fault party even though the at-fault party is covered by a liability insurance policy.

This law, together with others, prohibits jurors from knowing anything about a defendant’s liability insurance company including how much coverage they have. The premise of this law is that if jurors knew about liability insurance, they would give the injured person much more money for compensation. This is a questionable premise at best and based upon an old jury research study.

The reality is that a defendant’s liability insurance company controls all aspects of the defense of the at-fault party including choosing the defense lawyer and making the ultimate settlement decision. The defendant merely goes along for the ride relying on the company’s good faith in handling the case. Losing a personal injury case is not a huge concern for many insurance companies because they have billions of dollars at their disposal to defend cases.

The unfairness of the law is this: Jurors absolutely want to know if the defendant has liability insurance. When they are told by the court that it’s none of their concern, they may conclude there's no insurance and may actually compensate less which is unfair to the injured person. Jurors are human and want to know if their ultimate verdict could financially impact a defendant.

It’s a challenge for the injured person and their attorney to navigate around this issue at trial without running afoul of this law. If the word insurance is mentioned or if it’s disclosed the defense lawyer is employed by the insurance company, it’s a mistrial and the case will need to be retried at great expense. If the issue of insurance is not disclosed, jurors may believe there’s none at all and be very cautious with their verdict.

Unfortunately, there’s no chance that this law will be struck down or taken off the books anytime soon because it's one of the insurance industry’s crown jewels. So, the charade continues.

Steve Watrel is a personal injury trial lawyer in Jacksonville, Florida. His website is www.stevewatrel.com.

Originally posted at InjuryBoard by Steve Watrel