Injuryboard Commentary - death

Method Proposed to Prevent Another Vioxx

Paul Thomson — Mon, 07 Dec 2009 10:23:32 GMT

Vioxx, an arthritis drug, became very popular when it was released in 1999, but five years later, the drug was taken off the market because of evidence that it increased the risk of heart attack and stroke. A method to prevent a similar situation from occurring in the future has been proposed, as reported by The New York Times. The system would pool data as it was collected from clinical trials in order to gain a better perspective on the big picture. It would essentially be a database that would be updated in almost real-time.　

The authors of the study argue that the makers of Vioxx could have recognized the increased heart attack and stroke risk if they had used a similar method. From their research, they believe the company could have been aware of the risks as early as 2002. Since the Vioxx incident, the Food and Drug Administration has increased its standards, but some argue that they still do not have enough power. The database idea could be a way to increase the safety of our drugs, but some argue such a large database would be too expensive to maintain. However, this is our health and quality of life, so isn't it worth the cost?

Originally posted at InjuryBoard by Paul Thomson

Stork Craft Crib Recall

Paul Thomson — Mon, 07 Dec 2009 10:21:37 GMT

The Consumer Product Safety Commission (CPSC) announced that　there has been　a recall of 2.1 million Stork Craft drop-side cribs. The crib includes a side that raises up and down, a feature that is dangerous because part of the side may detach or break. Babies can then　become caught between the side and the mattress, resulting in suffocation and death. Four incidents have been reported. For more details, visit this New York Times article. 　

Owners of the crib should stop using the model immediately and contact Stork Craft for a free repair kit. The current Stork Craft recall and recalls of similar drop-side cribs of various brands in the past few years have raised growing concern. Several groups have banned or discouraged drop-side cribs. Cribs with fixed sides would eliminate the safety risk posed by a drop side malfunctioning. We must give our children the safest environment possible--they depend on us!

Originally posted at InjuryBoard by Paul Thomson

Weather, Speed, And Holiday Cheer: Time To Be Extra Safe On The Roads

Mike Bryant — Sun, 06 Dec 2009 10:26:41 GMT

The first week in December has again seen an increase in highway deaths. Hopefully, this isn't a sign of what is coming for the rest of the month. It is important with so many people rushing around and holiday parties starting up, that we all keep a little better look out.

Saturday night, a truck went the wrong way on the 49th Ave. Ramp on I-94 and hit a mini van head on. A passenger in the van lost her eight month old unborn child. She and her 10 year-old son are in critical condition, and four other children, ages three to nine, were also hurt. The truck driver is suspected of being drunk according to the Minnesota Sate Patrol.
Friday afternoon, a 23-year-old Watkins man died when his 1996 Saturn was hit by a 1995 Jeep Cherokee in Meeker county. The jeep failed to yield at 642nd Avenue and 365th Street in Forrest Prairie Township, according to the Meeker County Sheriff’s Office.
Thursday afternoon, A pickup truck and sedan collided at the intersection of County Road 45 and County Road 9 in Farden Township , according to the Hubbard County Sheriff's Office. The driver of the pickup truck and a passenger in the car were each ejected. Both were pronounced dead on the scene. The Hubbard County Sheriff's Office is still investigating the accident.
Tuesday afternoon, a 78 year old Roseville woman died in a seven car chain-reaction crash on County Road C at Snelling Avenue. Six eastbound vehicles were at a red light on County Road C when a westbound minivan hit the woman's vehicle at high speed, pushing it into the next vehicle and so on, the Roseville police said.

The 2009 numbers have continued to drop. Weeks like this still cause concern. With the holidays and winter type conditions, hopefully people will be careful. More will be found out over the coming weeks as to the causes of each of these collisions, so it's to early to tell if the common causes of speed and alcohol were involved in any of the incidents. In all of these cases sorrow for the families of those involved goes out.

As with any death in a Minnesota motor vehicle collision, there are many issues that will need to be reviewed. My partner, Joe Crumley, addressed this topic in a recent article for the Minnesota Lawyers Trial magazine. I was interviewed on the same topic.

Originally posted at InjuryBoard by Mike Bryant

Osceola Passenger's Claims Come By Way of Driver Distractions

Steve Lombardi — Sat, 05 Dec 2009 20:24:36 GMT

A one-vehicle rollover accident was reported to have been caused when the driver “missed a curve, crossed the center line and rolled in the ditch along G76 Highway west of 60yh Avenue.” I’m not sure I’d agree with the description, but I get the gist of what they are trying to say. Really you can't "miss a curve" unless of course you've fallen asleep or passed out. What driver's do is fail to negotiate the curve. So is that what happened? You be the judge. Here is the report.

Both the driver and the passenger, Elizabeth Anne Hanscom, 23 from Osceola was seriously injured and taken to Iowa Methodist Medical Center. Is it enough that the driver says he missed the curve? Not likely, he’s probably still negligent or at fault for failing to drive at a reasonable and proper speed, failing to drive using due care and failing to drive while keeping a proper lookout.

That’s enough for today, but come back tomorrow to read The Verdict blog/blawg at Lombardi Law Firm where we will discuss other car-truck-semi-motorcycle accidents in Iowa. And as always if you are in an accident and need legal services we encourage you to call us sooner, rather than later. (515-222-1110 or 1-800-383-0331 or sdlombardi@aol.com)

Originally posted at InjuryBoard by Steve Lombardi

Study Finds 51% of Patients in ICUs Suffer From Infections

David Mittleman — Sat, 05 Dec 2009 10:00:00 GMT

According to a new study, more than half of intensive care unit patients suffer from infections, increasing their risk of dying. The lungs were the most common site for infection, followed by the abdomen and bloodstream.

The study researchers analyzed data collected from 13, 796 patients, aged 18 or older, from 1, 265 ICUs from 75 different countries during one day (May 8, 2007). From their research, they found that 51% of patients were classified as infected with 71% on antibiotics for the treatment or prevention of infections.

Overall, the study found that the longer a patient stayed in an ICU, the more likely they were to acquire an infection. In fact, the infection rate for patients that had spent a day or less in the ICU was 32%, compared with those who had spent more than seven days in the ICU, who had an infection rate of 70%. Moreover, infections contributed greatly to the death rates of patients in the ICU. For example, the ICU death rate for infected patients was twice that of patients who acquired no infections. Most importantly, the study sheds light on the fact that infections are still a problem in most hospitals, and that it is important to provide infection prevention and management.

Originally posted at InjuryBoard by David Mittleman

Toyota Recall: Time Magazine Suggests Recall Will Not End Sudden Acceleration Problems

Brett Emison — Fri, 04 Dec 2009 11:31:48 GMT

An article in Time magazine suggests that Toyota's massive recall will not end the controversy over the Toyota sudden acceleration defect.

But critics complain that Toyota was slow to acknowledge the problem, and may still not be dealing with it adequately. "I don't think Toyota has handled it well," says Clarence Ditlow, the director of the Center of Auto Safety in Washington, D.C. Ditlow says the record shows that Toyota executives first became aware of a possible problem 10 years ago — a scenario Toyota disputes — when the company replaced the floor mats on Lexus models sold in Great Britain. "There have been six different defect petitions [filed with the National Highway Traffic and Safety Administration, or NHTSA]," says Ditlow.

Other experts point to errant electrical signals that may be triggering some of the sudden accelerations. For some Toyota vehicles, reports of unintended acceleration and accelerator problems increased by more than 500% after the company adopted electronic drive-by-wire systems in its vehicles.

"With the electronic throttle, the driver is not really in control of the engine," said Antony Anderson, a Britain-based electrical engineering consultant who investigates electrical failures and has testified in sudden-acceleration lawsuits. "You are telling the computer, will you please move the throttle to a certain level, and the computer decides if it will obey you."

Time confirmed that Toyota's recall will change the shape of its accelerator pedal on millions of vehicles and that Toyota will install a brake-override system on some (but not all) of its vehicles. Experts continue to say that Toyota's recall effort is not enough and will not fix the underlying accelerator problems.

After ignoring this problem for more than five years and then lying to the public, Toyota appears to finally be doing something, but it doesn't look like it is doing enough or doing it soon enough.

More than 5 years ago, the Center for Auto Safety identified the electronic throttle control as the most likely source of the sudden acceleration defect. However, Toyota continues to public deny the possibility.

Toyota continues to deny that electronic technology was a factor in any reported case of unintended acceleration, said spokesman Mike Michels.

If there is no problem with the electronic throttle control system, then why is Toyota rolling out a "smart brake" technology to override the throttle when the brake is applied? If there is a problem with the electronic throttle control, then why doesn't Toyota provide the "smart brake" in all its vehicles. Clearly Toyota is not doing enough to protect its customers and the rest of us driving on American roads and highways.

Even the fixes Toyota has finally come up with won't be available until at least April of next year.

Other manufacturers have provided the "smart brake" system for years. This system overrides the throttle input when the brake is applied and makes sure that the car is able to stop. Toyota refused to provide this critical safety feature for years despite the ongoing sudden acceleration problems.

There have been more than 2,100 reported instances of Toyota sudden acceleration.

Why has it taken Toyota more than five years to finally address this problem? Why did so many Toyota owners and innocent passengers and other motorists need to be injured or killed before Toyota would do the right thing and at least try to fix the accelerator problem?

Did Toyota think it didn't have to play be the same rules as the rest of us?

Until Toyota finally creates a solution that actually fixes the problem, all Toyota drivers must be prepared. You can learn how to stop your vehicle if it experiences the sudden acceleration problem at this post.

You can learn more about the Toyota sudden acceleration defect by reading these previous reports of Toyota's sudden acceleration problem:

Toyota Sudden Acceleration Recall: Company Vows To "Make Better Cars"

Toyota Sudden Acceleration: Safety Experts Want Toyota Recall Expanded

Toyota Sudden Acceleration Recall: Company Focuses On Wrong Problem

Toyota Recall Won't Fix Accelerator Problem

Toyota Denied Sudden Acceleration Problem For More Than 5 Years

You can learn more about Toyota's dangerous sudden acceleration defect at our auto safety blog or by visiting our web site.

Learn more and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

Tony Villegas Needs A Florida Divorce Lawyer

Steve Lombardi — Fri, 04 Dec 2009 10:19:54 GMT

If you are a lawyer who lives in Florida and can handle a divorce case, then Tony Villegas needs you. I’m licensed as an attorney in Florida, but I don’t live there so I’m not a solution; if I were I’d step up to the plate for Tony Villegas.

Can he pay? I have no idea although I suspect the answer is yes.

Why should you do this? Because this guy Villegas needs help in his divorce from Debra Villegas who worked for a man charged in a gargantuan financial swindle. Without a lawyer, Tony, who sits in jail might get taken advantage of.

Why should you help a guy who has been charged with murder, get a fair shake in his divorce? Well because Tony just might be the wrong guy; he has been charged with first degree murder of a woman that many others could have wanted dead. There are so many other people with a better motive than Tony that it isn’t even funny. This whole story has Hollywood written all over it. But aside from your fifteen minutes of fame, how about because justice is why most of us started on this path to law school and the practice of law. And how about because honest lawyers care that the legal system works fairly for those who find themselves wrapped up in it.

Bob Norman from Broward-Palm Beach has been blogging nonstop about this case and how Villegas’ wife worked for the law firm that was headed by Scott Rothstein, who was recently arrested by the FBI for allegedly running a multi-billion dollar Ponzi scheme.

How do you get involved? Villegas vs. Villegas is a good place to start.

What’s with the murder case? The murder he’s accused of committing is of Melissa Britt Lewis. I’ve written about Ms. Lewis, a promising young lawyer who worked in the law firm where Scott Rothstein was the principal shareholder. I questioned whether she knew too much, was too honest and those raking in the hundreds of millions didn’t want her blowing the whistle. What did Tony have to gain with murdering Lewis? Nothing that I can see.

Court filings in the Melissa Britt Lewis Estate can be found by following the link. The attorney who is handling the estate appears from the court records to be Jill Robin Ginsberg.

Broward County Case Number: PRC080003556	State Reporting Number: 062008CP003556A001CE
Court Type: Probate	Case Type: Petition For Administration
Incident Date: N/A	Filing Date: 07/11/2008
Court Location: Central Courthouse	Case Status: Pending - PR
Magistrate ID / Name: N/A	Judge ID / Name: 60J Grossman, Mel

Style: In Re Estate Of: Lewis, Melissa Britt

Did Tony Villegas kill Lewis? I have no idea, but after 30 years of practicing law I have my doubts. The motive that is being asserted is so weak and the evidence against him so flimsy that reasonable doubt is the frosting on this criminal defense cake. Add in the mega-Ponzi scheme that was going on at the time Tony’s wife was the office manager at RRA, along with Lewis being as honest as the day is long and reasonable doubt looks like a slam dunk. So if Tony gets off on the criminal charges he’s going to need help putting his life back together. And if his ex-wife is charged and convicted in the Ponzi scheme where does this extended family turn for legal help? If it isn’t us lawyers then who is it?

Right now no one has been convicted, only charged and the facts surrounding Villegas have to be enormously confusing and overwhelming. So if you’re a young lawyer looking to do some good work in Florida or even just getting your 15-minutes of fame, get in touch with Tony Villegas to see if you can help him out in his divorce case.

You can read more at this linked blogs.

RRA Litigation: Tony Villegas Deposition List, A Place to Start (Updated)

Steve Lombardi | December 01, 2009 9:01 AM | 1 Comment Des Moines, IA

Today looks like the day Scott Rothstein will be charged and then arrested by the FBI. He claims to not be talking but those who have followed this story closely see it differently. Rothstein has...

Did honesty get Florida lawyer, Melissa Lewis, killed? (Updated 11 ...

... Did honesty get Florida lawyer, Melissa Lewis, killed? (Updated 11/19/09). ... “I read your post about Melissa Lewis. Are you aware of the recent events in Ft. ... 101k

What happened to Melissa Lewis? If you can answer that question ...

... Miscellaneous. What happened to Melissa Lewis? If you can answer that question you may get a $250,000.00 reward. ... So what happened to Melissa Lewis? ... 101k

RRA Cast of Characters - Is Tony Villegas the Wrong Man? (UPDATED ...

... public. As for the original crime, the murder of Melissa Lewis is being prosecuted and one man’s life hangs in the balance. He ... 101k

http://www.youtube.com/watch?v=n_9FaKO0ugM

http://www.youtube.com/watch?v=Kiv-TsSqu7M

http://www.youtube.com/watch?v=LQHxM80yKrg

Originally posted at InjuryBoard by Steve Lombardi

Hybrid Cars Are They Too Quiet?

Mike Bryant — Fri, 04 Dec 2009 09:28:00 GMT

I've had the chance to ride in a couple of Hybrids as of late. They seem like nice rides and they get great gas mileage and I like so many said "Man, they are quiet". OK, maybe not everyone said it that way, but it was at least the same idea.

But, are the cars too quiet? The silence for a pedestrian could be deadly, As a result, human factors/ergonomics researchers recently went to work on a study to examine participants' preferences for sounds that could be added to quiet vehicles to make them easier to detect. The National Federation for the Blind recently called for all cars to, at a minimum, emit a constant sound.

It's important to think about the old, young, and those who depend upon sound to navigate the world. Quiet cars don't do that. The U.S. Congress has considered the Pedestrian Safety Enhancement Act of 2008, which would require the Secretary of Transportation to study and implement regulations for hybrid, electric, and other silent-engine vehicles to emit non visual alerts for pedestrians. Hopefully, more protections will come from looking at this issue.

Originally posted at InjuryBoard by Mike Bryant

Trucking Industry Pushes Hours of Service Rule Myths

Bret Hanna — Thu, 03 Dec 2009 23:30:27 GMT

This is a follow-up to my post from the other day which covered a recent settlement of an hours of service rule case that, with luck, is a step in the right direction. To recap the problem:

The Bush administration increased the number of daily and weekly hours truckers can drive from 10 to 11 consecutive hours per 14-hour shift and total weekly driving hours from 60 to 77 per driver every seven days (a more than 25 percent increase). The rule dramatically expanded driving and work hours by cutting the off-duty rest and recovery time at the end of the week from a full weekend of 50 or more hours off duty to as little as only 34 hours.

The Truck Safety Coalition, Advocates for Highway and Auto Safety, Public Citizen, and the International Brotherhood of Teamsters filed suit against the Federal Motor Carrier Safety Administration (FMSCA) over the rule and because of a settlement reached on October 26th, the FMCSA will begin a new round of rule making that may result in a reduction of hours allowed by the current unsafe hours of service rule.

The trucking industry, however, continues to push myths about the Bush hours of service rule that simply must be debunked. Fortunately, the Truck Safety Administration has prepared an information sheet doing just that:

Facts Rebutting the Trucking Industry Myths about the Progress of Truck Safety and
the Bush Administration Hours of Service (HOS) Rule

Myth: Fatigue-Related Truck Crash Fatalities have decreased under the HOS rule.

Fact: This claim is false. Data from the official government fatality database, the Fatal
Analysis Reporting System (FARS), shows that while large truck crash fatalities decreased in 2006 from 2005, this followed increases in truck crash fatalities in the 3 years immediately prior to 2006. Truck crash fatalities rose in 2003, 2004, and 2005 over each previous year. Notably, the increases in fatalities in 2004 and 2005 occurred during the first 2 years the Bush Administration HOS rule was in effect.

Fact: Even the Federal Motor Carrier Safety Administration (FMCSA) does not assert
that truck fatalities have declined as a result of the Bush Administration HOS rule.
FMCSA states only that the rule did not make things worse.

Fact: National motor vehicle fatality figures cannot be used to "prove" that any specific
motor vehicle safety regulation among the hundreds that have been issued over the years is the single reason for any annual change in traffic deaths.

************************************************************

Myth: Truck fatality figures have improved in recent years. The trucking industry asserts
that because fatalities in truck-involved crashes was lower in 2006 (5,027 fatalities)
than, for example, in 2000 (5,282 fatalities) that fatalities have decreased.

Fact: FARS data shows that truck fatalities rose in 2003, 2004 and again in 2005 from
each previous year. Truck deaths over the 10-year span of 1997 through 2006 averaged over 5,000 per year, and dipped slightly below that total only in 2002 (4,939). (Recent annual fatality totals of less than 5,000 deaths due to the recession are explained below.)

Fact: The relative risk of dying in a large truck crash has actually increased compared
to fatalities in passenger vehicle crashes. In 1995, the relative risk of a fatal truck crash per 100 million vehicle miles of travel (VMT) was less than 20 percent greater than the relative risk of a fatal passenger vehicle crash, but the relative risk of a fatal truck crash has risen sharply since 1995 so that now the fatality risk in fatal truck crashes is 55 percent greater than the fatality risk in passenger vehicle crashes.

Fact: The proportion of truck crash fatalities to all annual motor vehicle fatalities has
not changed. In 2008, one of every 9 traffic deaths were the result of large truck fatal crashes. That proportion of traffic deaths has not changed for many years and is virtually constant from 1997 through 2008.

************************************************

Myth: Recent decreases in national truck deaths in 2007 and 2008 (preliminary data)
can be attributed to the Bush Administration HOS rule.

Fact: Recent decreases in overall fatality statistics in 2007 and 2008 reflect reductions in
freight tonnage linked with the recessionary economy. The sudden and precipitous decline in truck fatalities in 2007 and 2008 is linked with substantial reductions in both truck freight tonnage and a sharp drop in commercial vehicle miles of travel from the latter part of 2007 through 2008 due to adverse economic conditions. This reduces overall truck crash exposure. Similar declines in passenger vehicle fatalities are the result of reduced travel and commensurately reduced crash risk exposure.

Fact: Historically, economic recessions have been accompanied by reductions
in traffic fatalities. Every U.S. recession has coincided with a decline in motor
vehicle fatalities. CNBC News reports that “fatalities fell more than 16 percent from
1973 to 1974 as the nation dealt with the oil crisis and inflation. Highway deaths
dropped nearly 11 percent from 1981 to 1982 as President Ronald Reagan battled the
recession.”

************************************************************

Myth: Three-quarters of truck crash fatalities are "caused" by the drivers of passenger
vehicles.

Fact: There is no study proving that passenger vehicle drivers "cause" three-quarters of
the fatalities in crashes involving passenger vehicles and large trucks. The false claim by the trucking industry is a “junk science.” It is predicated on a deliberate misreading of studies that relied on descriptive “driver factor codes” reported by police at the crash scene and tabulated in FARS. These codes are after-the-fact notations often based on speculative information, as acknowledged by the U.S. Department of Transportation, and are not the product of in-depth crash investigations to accurately determine contributing factors that led to a particular crash.

Fact: The authors of both studies have stated that the study findings cannot be used to
attribute “fault” or “causation” as the industry has asserted. The author of the 1998
study on which the industry claim is based has stated that his study had been misused by the trucking industry and explained that the study could not be interpreted to assign fault or determine crash causation for the truck-passenger vehicle collisions he evaluated. The authors of the 2002 study disclaimed any causal connection between reported driver actions and crash outcomes. The industry claims are an intentional mischaracterization of the findings in these research reports.

Fact: FMCSA studies and FMCSA officials have also repudiated this industry claim.
According t o FMCSA “driver factor codes” cannot be equated with fault.

Fact: A number of studies contradict the claim that passenger vehicle drivers are to
blame for most crashes involving both large trucks and passenger vehicles. These include
studies that: found that truck drivers were primarily responsible for the majority of highway interchange crashes;15 found that nonfatal lane change crashes on the Washington, D.C. Capital Beltway (I-495) were twice as likely to be the result of a tractor-trailer changing lanes rather than a light vehicle lane change; found that in all crashes between trucks and light vehicles, trucks were more likely to be the “contributor” to the crash than light vehicles by 48 percent to 39 percent, and trucks were more responsible than light vehicles in backing, rear-end, rightturn, left-turn, and sideswipe collisions.

To see the data underlying this fact sheet, look here.

In order to make sure that the roadways are safe for everyone, we must all know the facts and use them to try and make the world a safer place.

Originally posted at InjuryBoard by Bret Hanna

Outdated Roads Are Dangerous for Pedestrians

John Cooper — Thu, 03 Dec 2009 21:50:09 GMT

I read a staggering and almost unbelievable statistic from the National Highway Transportation Safety Administration the other day. Did you know that in the last 15 years there have been more than 76,000 people killed while crossing or walking along streets in America? In fact, just in the last decade over 43,000 were killed, which includes 3,906 children under 16 in that death toll. If you were to average that number out, it would be equivalent to a commercial jetliner filled with people crashing every 4 weeks. Sadly, pedestrian deaths receive no such media attention which might spark enough public awareness to promote safer roads.

Although the number of children and the elderly are disproportionately higher than other groups when it comes to pedestrian deaths, people of all ages and from all walks of life have been struck down during the simple act of walking. Typically labeled as an accident, a pedestrian death is often attributable to error on the part of the motorist. Whatever way you may categorize these tragic events, just about every pedestrian death occurred along roadways that were designed and built without consideration to anyone except the driver. Most roads and streets are dangerous by their very design as they were engineered for speeding vehicles with no provision for people that are walking, in wheelchairs or on a bike.

At the center of this conundrum is the increasingly greater push for cleaner, human-powered modes of transportation to limit the negative consequences of traffic congestion, oil dependency and pollution. Over the course of the last few years, towns and cities have begun to re-build poorly designed roads to become streets with proper sidewalks and bicycle lanes, along with reducing cross-walk lengths to make it safer for pedestrians and more alluring to the general population. Safer streets have been proven to save lives not only for pedestrians and motorists, but also in the fact that they encourage residents to become more physically active and get outside to walk more.

Sadly, pedestrian death statistics will not decrease overnight. It will take much effort and public awareness to fix obsolete and unsafe road design. Perhaps, in the future our highways will become friendlier to pedestrians and allow motorist ample time to react as the smarter roads could help even the most distracted driver to be aware of someone on foot sharing the road.

About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car,truck,railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by John Cooper