Injuryboard Commentary - injury

Orlando, Florida Theme Park Injury Reports

Ed Normand — Sat, 07 Nov 2009 16:55:02 GMT

For the second consecutive quarter, Disney World was the only major theme park in Florida to report any guest injuries. None of the other major theme parks - including Universal Studios, Sea World, Wet ‘n Wild, or Busch Gardens in Tampa, reported a single guest being injured in that time period. Disney World reported eight injuries occurring during the third quarter. Neither the Federal Government nor the State of Florida regulate the big theme parks and they are under a Florida based voluntary reporting system that has many loopholes. The lack of reported injuries for the last 6 months at all of the theme parks except Disney shows that the voluntary reporting system is not working and injuries are happening that are not being reported. This is clear from an examination of lawsuits filed against the theme parks. The lawsuits consistently relate to injuries at the parks that the parks never report to the State of Florida or anywhere else.

The injuries at Disney during the third quarter of 2009 include the following:
A 31-year-old woman had a seizure after riding the Rock ‘n Roller Coaster, and a 50-year-old woman experienced chest pains and shortness of breath after riding the same ride. A 54-year-old man had a seizure riding Star Tours, a full-motion flight simulator based on the Star Wars films. A 40-year-old man fell and broke his right wrist while getting off of Test Track, a simulated excursion through the rigorous testing procedures that GM uses to evaluate its cars, culminating in a high-speed drive around the exterior of the attraction. A 52-year-old woman complained of dizziness and memory loss after riding Mission: Space, which boasts that it realistically simulates an astronaut’s trip to Mars. A 66-year-old man felt sick after riding Expedition Everest, a high-altitude, high-speed roller coaster train ride to the “Roof of the World.” A 74-year-old woman lost her balance getting off of Peter Pan’s Flight, fell, and hit her head and broke her wrist. Finally, a 57-year-old woman passed out after riding Splash Mountain, and fractured her skull after collapsing on a concrete floor.

State regulators rely on the big theme parks to voluntarily report any significant injuries to guests. It is clear that many injuries are not being reported. According to these records, Disney is now falling far behind the other big theme parks’s safety records for the second straight quarter. With the lack of regulation it is not clear if this is a sign of safety issues at Disney or, more likely, that other parks are not reporting all the injuries at the parks. It is time that state regulators need to step in. Government oversight is needed as self-policing is clearly not working. For my previous blog on the injuries at the big theme parks for the second quarter of 2009, please check our prior blogs on Disney Accidents.

Originally posted at InjuryBoard by Ed Normand

Dangerous Prescription Errors Far Too Common

David Mittleman — Sat, 07 Nov 2009 10:29:00 GMT

Each year, over 3 billion prescriptions are dispensed in the United States. Patients depend on these medications for their well-being, and it is important that the dispensing pharmacy accurately fill each prescription with the correct drug and dosage. In addition, pharmacists and pharmacy technicians are under enormous pressure to keep costs low by filling high volumes of prescriptions quickly.

All of this adds up to a shockingly high risk for injury as a result of pharmacy error. A recent investigation into prescription error identified several potential pitfalls:

The pharmacy dispenses a drug other than that which was prescribed
The pharmacy fails to identify a potentially dangerous drug interaction
A pharmacist fails to counsel the patient about the drug
The dosage is incorrectly provided on the label

These are just four possible types of pharmacy error. While some errors may not result in any harm to the patient, those that do injure the patient present a very serious safety concern. According to some studies, perhaps as many as one in ten prescriptions result in a significant adverse outcome. By taking an active role in your health care and asking questions of your doctor and pharmacist, you may be able to avoid becoming a victim of pharmacy error.

Sometimes, even in spite of your best efforts, a pharmacy may make a mistake that causes you injury. The attorneys at our firm handle pharmacy negligence cases regularly and we may be able to help hold the pharmacy accountable for their actions. In doing so, we can help compensate you and help prevent such an error from happening again.

Originally posted at InjuryBoard by David Mittleman

Semi Trucks And In Cab Computers

Mike Bryant — Sat, 07 Nov 2009 09:32:00 GMT

There have been a lot of posts here at the Injuryboard covering the states that have been forward looking enough to make texting illegal while driving. Some states have added emails to ensure that there are no loopholes. For semi truck drivers, the question has now come up about their computers.

Yes, many of the trucks are now being equipped with complete laptop systems. I would guess that it gets used a lot. But, what about the law? The drivers are saying they can use them safely and responsibly. Seems to me the real question is when are you using it? I haven't seen a law yet that bans any of the items from being in a vehicle, it only prevents it's use.

Truck safety has been a big issue around here as of late. The recent study which indicated that the number of truck accidents should be of great concern and at the same time posts about what the number mean. Clearly, the size of the vehicles and the damage that is done when there is a collision has got to be considered in weighing the significance of all of the concerns. What does even a couple of seconds of distraction add to those concerns?

For anyone involved in a collision with a semi truck, it's clear that questions should be asked about the use of these items. Because, despite having a "Don't Use While In Motion" warning, there is a proceed button. Yet, another reason why hiring an experienced attorney can make a difference to you.

Originally posted at InjuryBoard by Mike Bryant

Craven County Man Crashes into Restaurant Injuring Four

John Cooper — Sat, 07 Nov 2009 00:50:00 GMT

Donnovan Kendall Yates, 23 will be facing multiple charges as a result of the incident that happened at 4 a.m. at the Bayside Restaurant on Maine Street in Craven County, NC. According to eye–witnesses, Yates had been travelling westbound on East Maine Street when he turned into the parking lot and crashed into the restaurant. Apparently, the act may have been intentional and brought about by a domestic dispute.

Four people sustained minor injuries, including Yates himself. Curtis Adams, co-owner of the restaurant had to be brought to Carolina East Medical Center wherein he received 19 stitches for a cut over his left eye. John Adams, Curtis’ father, also injured his arm. The place was mangled and it will take probably months to repair the property damage. Yates will have to face the consequences of his irresponsible behavior.

According to the National Highway Traffic Safety Administration (NHTSA), 66 percent of all annual traffic fatalities are caused by aggressive driving actions, such as passing on the right, running red lights and tailgating and even driving while angry can be categorized under aggressive driving. Statistics show that there has been a 51 percent increase in aggressive driving incidents since 1990. Of particular note, 37% involved the use of firearm, 28% involved other weapons, and 35% involved the use of car as a weapon.

The insurance company may refuse to pay a claim if the act was intentional. The policy probably excludes acts where the driver meant to do the harm rather than having done so by accident. So, it may be important for the claims here to be for the bad guy’s negligence so they are paid.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law. Our law firm has offices in Elizabeth City, North Carolina (NC) and Virginia Beach, Virginia (VA). Our attorneys have handled thousands of automobile negligence cases involving cars, trucks, trains, and motorcycles. We would be pleased to send you one of our FREE reports about car accident cases, including our special report on distracted driving or our Best Guide to Car Accident Injuries in North Carolina. Our lawyers hold licenses in NC, VA, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . In addition, our lawyers proudly edit the Northeast North Carolina Injuryboard, as well as the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

Originally posted at InjuryBoard by John Cooper

Wrongful Death Suit Reinstated in Virginia (VA) Against Parents Hosting Visting Teen

Rick Shapiro — Fri, 06 Nov 2009 18:41:31 GMT

Courts and juries can find adults who have temporary supervision or custody of children liable for injuries to those children even when the harm resulted from the actions of someone other than the supervising adults.

Summarizing this Nov. 5, 2009, ruling by the Virginia Supreme Court in a single sentence is difficult. As is all-too clear above.

What the ruling means for babysitters, parents who allow their children's friends to sleep over or spend other long periods visiting, or teachers and care providers is that they can be found to have a legal and civil duty to protect other people's children even when the children are not physically with the babysitter, host, teacher or caregiver.

Virginia's High Court voted 5-2 to support this interpretation of adults' child care responsibilities and liability when partially reversing a lower court's ruling that Richmond-area parents could not be held liable for the death of a North Carolina (NC) who was spending the night at their home.

The lawsuit stemming from the car crash death of 14-year-old Jaimee Elizabeth Kellerman now returns to a Virginia circuit court. In 2005, Kellerman died when a car she was riding in and which was being driven recklessly by 17-year-old Nathan DeFrank ran off a rural highway and hit a tree. Kellerman had permission from her parents to sleep over at the home of Paul and Paula McDonough. But, according to a Daily Press report, Kellerman's parents had specifically asked the McDonoughs not to let Jaimee ride with "boys with cars."

The Kellerman family is seeking $15 million from the McDonoughs in a wrongful death suit for being negligent in protecting Jaimee.

I cannot speculate on the outcome of the reinstated lawsuit, but I can say the Virginia Supreme Court has affirmed a high degree of liability for responsible adults in protecting children from the actions of other people. Broad determinations of liabilities are not rare, especially in regards to wrongful death claims. In light of this, and particularly the ruling in the Kellerman case, I can only advise adults asked to supervise minors (i.e., anyone under 18 years of age) to exercise the greatest care in ensuring those children's safety--a rule nearly all parents already follow but one which this tragic case underscores..

About the Editors: The Shapiro, Cooper, Lewis & Appleton personal injury law firm, whose attorneys work out of 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.

EJL

Originally posted at InjuryBoard by Rick Shapiro

Reidsville Rush Hour Lands Two in ER

Pierce Egerton — Fri, 06 Nov 2009 18:15:44 GMT

A two vehicle collision on NC 14 in Reidsville put two men in the hospital this morning. The News & Record is reporting that Maurice Cooper, Jr., was injured when a Lincoln Town Car reportedly drifted across the center line and collided head on with his Isuzu pick up.

Mr. Cooper was taken to Baptist Hospital in Winston-Salem. The driver of the Town Car, Freddie McCain, was also injured and taken to the hospital.

The accident report has not yet been released, but in my experience driver distraction and driver fatigue are the primary culprits in rush hour accidents.

Originally posted at InjuryBoard by Pierce Egerton

Disney Replaces Crashed Monorail

Ed Normand — Fri, 06 Nov 2009 12:40:54 GMT

Recently, Disney announced that a “new” monorail train, named Teal, is now up and running at Walt Disney World in Orlando, Florida. The monorail at Disney received heightened media attention over the summer, as two trains were involved in a deadly crash which killed 21-year-old Disney employee Austin Wuennenberg. According to reports, Disney decided to use the undamaged, leftover parts from the two trains involved in the crash to build the new Teal train.

For my blog posting over the summer about the crash, please see Disney Accident.

Originally posted at InjuryBoard by Ed Normand

What's more dangerous, cheerleading? ... Or foolish coaches?

Steve Lombardi — Fri, 06 Nov 2009 12:01:00 GMT

Is Cheerleading too dangerous? Does it need to be changed? Or does the coaching system simply need to be tweaked to provide a more safety minded mindset?

A Wall Street Journal article on September 17, 2009 addressed the increasingly popular sport of cheerleading and the dangers it presents to girls across America. More news coverage of the injuries incurred by cheerleaders is causing debate on whether certain aspects of the sport should be banned or at least changed. With cheerleading being the cause of “65% of all female catastrophic injuries in high school and college…according to the University of North Carolina's National Center for Catastrophic Sport Injury Research.” There is no wonder why people are upset that this high risk sport does not have the same quality of medical assistance present at all times, as with other sports such as football. To help decrease the risk factor different levels of cheerleading are taking preventive measures such as, “College teams are no longer allowed to perform three-person-high pyramids and do double flips from them. High school teams can't perform flipping basket tosses and last year, twisting dismounts were banned on basketball courts.” Some states (like Wisconsin) view cheerleading as a high risk sport and called it a “contact sport” which the Wisconsin's Supreme Court’s decision “prevents injured cheerleaders from suing their schools or teammates.”

If cheerleading is such a high risk sport as to be considered a contact sport, should not the association which regulates it, make changes to protect the participants or change the way the sport is performed all together. To truly estimate the risk of cheerleading first the sport must attempt to account for all participants across the country. The Wall Street Journal says that “estimates say there are about 400,000 public high school cheerleaders, but the NCAA doesn't track participation (it's not considered a sport) and the number of cheerleaders on private teams isn't known.” The number of cheerleaders all together is hard to pinpoint, but “if you go by the consensus estimate -- that there are about 4 million cheerleaders across the country -- the activity looks about as risky as women's soccer.”

What was the original purpose of cheerleading: to get the crowd’s energy up and to support and “cheer” on the team. There is no doubt that the ways of cheerleading have shifted with regular stunts in routines consisting of split jumps called the “Herkie”, flipping basket tosses, and twisting dismounts. If the stunts of cheerleading of today remain, maybe the activity should be reconsidered an organized sport, instead of just a “girly athletic activity.”

There have been motions set in place to attempt in helping injured cheerleaders. Kimberly Archie founded the National Cheer Safety Foundation in 2008, created this program as a parent of a cheerleader who broke her arm during a practice. She hopes this program will help parents be more aware of the injuries and ultimately help reduce the risks that cheerleaders face constantly. Archie’s organization has been in the forefront of cheerleader safety issues and advocating for positive changes. She’s a positive force that has successfully resisted the headwinds pushing against change.

Should this highly dangerous but popular activity be changed all together, have tighter regulations, or continue to victimize America’s young girls of today. As a parent it’s your choice to accept the status quo or push for changes that may protect your child from a life of misery. All coaches need to get on the safety band wagon for the sake of the cheerleaders. It’s a terrific sport.

Video Library | Lombardi Law Firm

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Originally posted at InjuryBoard by Steve Lombardi

Just Because Its Twitter, You Still Can't Text And Drive

Mike Bryant — Fri, 06 Nov 2009 09:26:00 GMT

My partner Joe Crumley wrote a great piece about the dangers of texting. He, like a number of other writers here at the Injuryboard, continue to point out the dangers of texting and driving. Go watch the video that a couple of members have posted.

A recent study concerning the social networking tool, Twitter, points out there is more reason for concern. According to Crowd Science, about 11% of Twitter users admitted to accessing social media while driving in the preceding 30 days, compared to only 5% of other social media users. 29% of Twitter users said they had accessed social media from cars at some point in the past, compared with 13% of non-users. This is one too many people reading and twittering while they should be driving.

Since this post will go out on a tweet, I truly hope not one single person reads it while they're driving. It makes you wonder how broad we need to make the law to make sure that people get the idea. A number of other interesting findings from the study:

- 41% of Twitter users prefer to contact friends via social media rather than telephone, compared with 25% of non-Twitter social media users, and 11% (vs. only 6% of those not using Twitter) actually prefer social media over face-to-face contacts.

- More than twice as many males than females (32% to 15%) access Twitter primarily through a third-party application.

- 43% of Twitter users employ a third-party application at least some of the time, and 26% as their main mode of access.

- Twitter users tend to be older than non-Twitter social media users (54% over 30 years old, vs. 42%), twice as likely to be self-employed or entrepreneurs (18% vs. 9%) and to be planning to start a business during the next six months, and more tech-savvy (24% vs. 15%

Driving needs to be driving time.

Originally posted at InjuryBoard by Mike Bryant

Car Crashes into Mecklenburg Health Care Injuring Employee

Jim Lewis — Fri, 06 Nov 2009 00:43:00 GMT

Last Thursday, around 10 a.m. an accident happened at Mecklenburg Health Care in Charlotte, NC. An employee of the health care center whose name has been withheld was immediately rushed to the hospital when a car crashed into the health center. The employee’s exact condition was not released.

Fire-fighters and first responders came to the rescue and removed the car from the rubble, and stabilized the building. Fortunately, the crash did not affect patient care in the least. Meanwhile, the driver of the car who is at fault did not sustain any serious injuries from the crash.

According to a 1985 report based on British and American crash data found driver error, intoxication and other human factors contribute wholly or partly to about 93% of crashes. Statistics of vehicle-property damage is fast rising and it is even more uncertain than for injuries. Most common conclusions as to why these accidents happen would be distracted driving, speeding, or even drivers may be under influence.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and we have experience handling wrongful death cases. Check out our case results to see for yourself. Our law firm has offices in Elizabeth City, North Carolina (NC) and Virginia Beach, Virginia (VA). Our attorneys have handled numerous wrongful death cases and we understand the difficult circumstances which accompany these types of cases. That’s why you need an experienced attorney to help you through the legal process. Our lawyers hold licenses in NC, VA, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . In addition, our lawyers proudly edit the Northeast North Carolina Injuryboard, as well as the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

Originally posted at InjuryBoard by Jim Lewis