Injuryboard Commentary - lawyer

More Details In Deadly Diggins, Missouri Train Crash

Brett Emison — Sun, 06 Dec 2009 10:07:40 GMT

ABC affiliate, KSPR-33 has reported on more details in the deadly railroad crossing accident that killed Kristy Willis and injured her daughter, Kelsey.

I reported yesterday about this tragic train accident. Again, our thoughts and prayers to out to the family of Kristy Willis and her community.

Tim Bowden, whose children Tiffany Bowden and Carl Bowden survived the train crash by jumping from the pickup truck at the last second, said the train never blew its whistle or sounded a warning.

"It's a tragedy," he says. "From what my daughter told me, they pulled up on the tracks and nobody had even seen the train. The train didn't even blow a whistle, didn't blow a horn or nothing."

Neighbor, Nan Caldwell, confirmed that trains do not always blow their horn or sound a warning at this crossing. "You can't always here the train. They don't always blow the whistle," Caldwell said.

Missouri is one of the 10 deadliest states for train crashes and railroad crossing deaths. Burlington Northern Santa Fe (BNSF) railroad has been involved in many train-car collisions that have killed many drivers. In October, BNSF was hit with a $4 million penalty -- on top of a $21.6 million jury verdict -- because of its "staggering" pattern of misconduct that included destroying evidence in an attempted cover-up of its role in the deaths of four young people who were killed at one of its railroad crossings.

Railroad crossing collisions can have any number of causes. Some of these causes include:

Failure to install proper warnings, such as lights, alarms (crossing bells) or a functioning crossing gate
Defective warnings -- inoperable lights, bells or gates
Improper sight lines that prevent a vehicle's driver from seeing an oncoming train until it is too late
Failure to properly maintain the crossing -- such as allowing overgrown trees, vegetation and other foliage to obstruct or hide an oncoming train
Improperly parking a train at or near a crossing -- this not only hides an oncoming train from view, but gives motorists a false sense of safety in seeing a parked train at the crossing
Failure to sound the train's horn or whistle at or near the crossing
Other negligence that may appear on the train's data recorder or video recorder

Railroad companies should be held accountable for dangers railroad crossings that kill. Is there a different set of rules for railroad companies than for everyone else? If a railroad has a dangerous crossing where large trains speed through, shouldn't they warn approaching motorists? Why did the railroad never put up a proper warning device?

You can learn more about how to protect yourself at railroad crossings by visiting our railroad safety blog or web site.

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

Originally posted at InjuryBoard by Brett Emison

Not So Fast: Nationwide Recall on Slim Fast Due to Bacteria Contamination

Rick Shapiro — Sat, 05 Dec 2009 21:03:00 GMT

Slim Fast, the popular weight loss beverage, has issued a recall due to the discovery of harmful bacteria in their product that could cause food poisoning including nausea, vomiting, and diarrhea. The bacteria discovered was Bacillus cereus, which is in the same category as Salmonella as a food-borne illness.

The product was sold nationwide, so there could be contaminated Slim Fast in North and South Carolina associated with food poisoning. In fact, some people believe up to 10 million cans of Slim Fast could be affected, according to CNN. The recall covers all flavors, best-by date, and product number. Slim-Fast had two other major food contamination/poisoning recalls roughly 10 years ago.

Over two million cans of the drinks were recalled because of the risk of gastrointestinal sickness, according to walletpop.com. A year prior to that, 192,000 cans were recalled when they were suspected of being tainted with a caustic cleaning solution. More recently, Slim Fast recalled a product earlier this year.

Back in February, Slim Fast had to recall their “on-the-go” bars due to the risk of salmonella food poisoning contamination. In many states, sellers and distributors of food automatically by law provide what is called an implied warranty that their food is wholesome, safe to eat, and is not contaminated (even if not in writing, mandated and "implied" by law). The warranty is a basis of food poisoning lawsuits or claims where a person has serious medical complications, such as hospitalization, doctor's bills, and even permanent effects of the food poisoning.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

Originally posted at InjuryBoard by Rick Shapiro

FDA Watch List on Potentially Dangerous Pharmaceutical Drugs Recently Updated

Randy Appleton — Sat, 05 Dec 2009 19:50:00 GMT

A list of drugs which may present potential health hazards was recently published by the FDA and can be accessed at the FDA's website. The list includes some antidepressants which have been widely prescribed and may lead to suicidal ideations.

The following are just a few of the drugs that have landed on the FDA’s list:

Prozac, Zoloft, Lexapro, Celexa, Able, Maprotiline, Atomexitine, Bupropion, Ablify

Drugs which are under investigation have been identified as having potential side effects. Physicians who prescribe any medication engage in a balancing approach in which they try to insure the patient receives the intended benefit from the medication without an adverse reaction. If a patient begins to experience an adverse reaction while taking a medication it is important to work with the physician to address the side effects and, if possible, avoid any potential harm.

Many times simple changes in dose or the frequency of taking a medication may relieve side effects while still providing the benefit of the medication. The best source of information describing symptoms which a patient suspects are side effects of any medication is the patient. If a patient suspects they are experiencing an unusual reaction while taking any medication, a full description of the symptoms should be reported to the treating doctor. It may be helpful to make notes describing the symptoms including when they began, how long they lasted and whether any other medication had been taken when the symptoms began. In cases of visible symptoms such as hives or rashes, a photo to show the doctor is a good idea. It is also important that a patient being treated by multiple physicians be sure each physician is aware of all the medication being prescribed by other doctors.

Prescription medications are intended to produce beneficial effects for the patient and should generally be taken specifically as instructed by a doctor. The FDA investigation should warn the public of some risks associated with the medications under investigation. If you, or someone you know, are concerned about the use of any medication, consult with the prescribing physician and discuss your concerns thoroughly. Physicians are concerned about the well being of their patients and such discussions provide an opportunity to address issues which directly deal with a patient's care.

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 Randy Appleton

Why are Medical Bills so High?

Jon Lewis — Sat, 05 Dec 2009 13:49:34 GMT

Did you know that hospitals and physicians rarely ever receive the amount they charge for their services? Health insurance companies do not pay the actual bills invoiced by medical professionals. Why is that?

We had a client who was injured in a truck collision. His injuries were serious enough to warrant several nights in the hospital and a couple of surgeries. What were his medical bills? Approximately $72,000.00. What did the hospital and physicians get paid? $11,714.01, approximately 16% of the amount billed.

If you had a retail store, would you accept 16% of your prices? Why do hospitals and doctors? Are they over-charging, or are they getting paid too little?

What if you don't have health insurance? What happens then? Well, I can tell you that I handled collections for a hospital about 13 years ago, and if patients came in for emergency treatment and didn't have insurance, we sued them for the full amount, not 16%. Why do private pay individuals have to pay the full amount? I understand why health insurers receive a discount, but an eighty-four percent (84%) discount? What if Bill Gates doesn't want to get health insurance? He can pay any amount billed so why doesn't he receive the same discount as a company like BlueCross?

Is this a form of fraud or misrepresentation? In Alabama, BlueCross BlueShield has such a monopoly on health insurance that they dictate to hospitals and physicians what they can charge for their services. Many doctors speak poorly of BlueCross BlueShield as a result of their influence. Some won't even accept their rates as a result. Should the health insurance companies be setting the rates for medical treatment? Is that capitalism?

I don't have the answers to all these questions, but I think they need to be discussed, especially in light of healthcare reform. What are your thoughts?

Originally posted at InjuryBoard by Jon Lewis

Mother Killed; Child Injured In Diggins, Missouri Railroad Crossing Accident

Brett Emison — Sat, 05 Dec 2009 10:03:06 GMT

Several news sources, including The Kansas City Star, NBC KY3, and OzarksFirst.com have reported that Kristy Willis was killed and her daughter, Kelsey, was injured when their pickup truck was struck by a train in Diggins, Missouri in Webster County.

Diggins, Mo. -- A tragic accident between a pickup and a train at a Webster County railroad crossing late Friday afternoon. 33 year old Kristy Willis, who was driving the pick-up, died at the scene, and her eight year old daughter, Kelsey Turner was seriously hurt. Turner was airlifted to St. John's in Springfield. The accident happened around 4:00 Friday afternoon just after Turner and two other kids got off the school bus.

***

Willis was headed to her home on Greenbriar drive. There are only four homes past the private railroad crossing, and Nan Caldwell's is one of them. "Sometimes they come by a couple times an hour," says Caldwell.

She knows the crossing, which only has a stop sign and a railroad crossing sign, no crossing bars or lights, is dangerous. "You can't always hear the train. They don't always blow the whistle, because it almost happened to me, and thank God I stopped and saw it because it was right on me," says Caldwell.

Our thoughts and prayers go out to this young family and their community. Any loss of life from preventable tragedies is unacceptable.

The Burlington Northern Santa Fe (BNSF) engineer claims that he blew the whistle and tried to stop, but that part of his story is disputed one of the pickup truck passengers.

"It's a tragedy," he says. "From what my daughter told me, they pulled up on the tracks and nobody had even seen the train. The train didn't even blow a whistle, didn't blow a horn or nothing."

According to emergency responders at the scene, the BNSF engineer agreed that Kristy Willis never saw the locomotive before it struck her vehicle.

"He just didn't think they seen them, and they just didn't have time to stop," says Captain James Merritt with the Southern Webster County Fire Protection District. The train was moving at about 50 miles an hour. It struck the front driver's side of the pickup, killing Willis.

Again, our prayers go out to the Willis family, their neighbors and their community. Tragedies like this don't have to happen if the railroad company takes proper precautions. There have been far too many train-vehicle crashes in recent weeks. There were at least two railroad crossing crashes in Missouri -- one in Campbell, Missouri and one in Marshall, Missouri -- just in November.

In fact, Missouri was one of the top 10 deadliest states or railroad crossing accidents in 2008.

In addition, Burlington Northern Santa Fe (BNSF) has been under heated scrutiny in recent months. In October, BNSF was hit with a $4 million penalty -- on top of a $21.6 million jury verdict -- because of its "staggering" pattern of misconduct that included destroying evidence in an attempted cover-up of its role in the deaths of four young people who were killed at one of its railroad crossings.

The Court found that BNSF destroyed some evidence, fabricated other evidence, interfered with the investigation and purposefully lied and advanced misleading facts in order to conceal the truth.

BNSF's conduct in the Minnesota case was despicable. There conduct in Missouri may not be much better. Reports indicate that BNSF did not properly maintain or guard the crossing and that their engineers did not always sound the train's horn at the crossing as federal regulations require.

Railroad crossing collisions can have any number of causes. Some of these causes include:

Failure to install proper warnings, such as lights, alarms (crossing bells) or a functioning crossing gate
Defective warnings -- inoperable lights, bells or gates
Improper sight lines that prevent a vehicle's driver from seeing an oncoming train until it is too late
Failure to properly maintain the crossing -- such as allowing overgrown trees, vegetation and other foliage to obstruct or hide an oncoming train
Improperly parking a train at or near a crossing -- this not only hides an oncoming train from view, but gives motorists a false sense of safety in seeing a parked train at the crossing
Failure to sound the train's horn or whistle at or near the crossing
Other negligence that may appear on the train's data recorder or video recorder

You can learn more about how to protect yourself at railroad crossings by visiting our railroad safety blog or web site.

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

Originally posted at InjuryBoard by Brett Emison

Strict enforcement from VSP on I-64 in Norfolk this weekend

Randy Appleton — Fri, 04 Dec 2009 19:22:11 GMT

Drivers on Interstate 64 beware: The Virginia State Police is out in force this weekend.

Troopers are being paid overtime in a federally-funded effort to keep Virginia’s highways safe, the VSP’s superintendent said in a press release.

The operation is called Operation Air, Land and Speed and is designed to discourage speeding and other reckless behavior, The Virginian-Pilot reported.

Speeding is the cause of many traffic accidents in Hampton Roads and elsewhere. My colleague Emily Mapp Brannon wrote in October about a fatal motorcycle accident in Chesapeake where speed was a factor.

“Speed and reckless and distracted driving endanger too many lives on the Commonwealth’s roads,” W. Steven Flaherty, the Virginia State Police superintendent, said in a press release. “Every motorist must remember to buckle up and drive defensively not aggressively while they are behind the wheel, especially during the holiday season.”

Troopers will be on I-64 – as well as Interstate 66 in northern Virginia – starting today and going through Sunday. They are using both marked and unmarked vehicles, as well as motorcycles and aircraft.

The Virginia State Police said that in December 2008, when the agency last conducted Operation Air, Land and Speed on I-64, it ticketed 251 drivers for reckless driving, 1,783 for speeding and 227 for not wearing a seat belt. The VSP also made 24 arrests for drunken driving, drug possession and other crimes.

“Unfortunately, the only way to get some drivers to adopt safer driving habits and behaviors is through stepped up enforcement projects,” Flaherty said.

(MM)

Originally posted at InjuryBoard by Randy Appleton

Beacon House: A Sanctuary for Traumatic Brain Injury Victims

Emily Mapp Brannon — Fri, 04 Dec 2009 14:59:31 GMT

Where do you go after suffering a serious brain injury and the life you used to lead has changed forever? You need help, but don’t know what to do or who to ask. Well, there’s a place in Hampton Roads that is providing assistance to nearly a dozen local people who have suffered from a serious brain injury and found comfort at Beacon House, a community-based clubhouse program for people living with the effects of brain injury, according to The Virginian Pilot.

At Beacon House, individuals can learn, or regain, skills necessary to live a productive and empowering life. Through contributing to every aspect of the clubhouse, members gain confidence and self-respect.

Many of these folks suffered a traumatic brain injury. A traumatic brain injury or “TBI,” is defined by the National Center for Injury Prevention and Control as an injury caused by a blow or jolt to the head or a penetrating head injury that disrupts the normal function of the brain. Of the 1.4 million who sustain a TBI each year in the United States, 50,000 die; 235,000 are hospitalized; and 1.1 million are treated and released from an emergency department.

TBI’s not only effect the victim, but also their friends and family. Someone who suffered a TBI could endure behavioral and psychological changes that require constant attention and care. Some victims may even need assistance feeding and clothing themselves. It takes an emotional toll on everyone around them.

An example of this is the founder of the Beacon House, local resident Matt Buckley. He created the Beacon House to honor his wife, Mary Buckley. Mary was operated on at Sentara Bayside in 2004 for a routine bunion removal surgery. During the procedure, Mary’s heart stopped briefly and she was placed in a drug induced coma to prevent additional brain damage. Mary remained in a vegetative state for two years before she passed. Matt wanted to do something for other people who suffered like him. That is when he started the Mary Foundation and worked to get funding from local and state government.

The Beacon House is almost like a sanctuary for victims of TBI and Matt’s work should be celebrated. He endured a terrible tragedy, but persevered and is doing something to help numerous Virginians cope with the challenges of a brain injury.

Originally posted at InjuryBoard by Emily Mapp Brannon

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

Mother, 3 Children Hurt When Semi Truck Runs Stop Sign In Spaulding County, Georgia

Brett Emison — Fri, 04 Dec 2009 10:57:27 GMT

The Atlanta Journal-Constitution and WSB TV have reported that a Hampton, Georgia mother and her three children were seriously injured when they were struck by a tractor trailer that had run a stop sign.

A mother and her three kids were transported to area hospitals after being involved in an accident with a tractor-trailer in Spalding Thursday afternoon.

The incident occurred around 2:35 Thursday afternoon at the intersection of High Falls Road and North McDonough Road.

Cindy Lynn Fain, 38, of Hampton, was driving her Dodge minivan west on High Falls Road when Solomon Debela, 37, of Tucker, ran a stop sign and slammed into the passenger side of the van. Debela was traveling south on North McDonough.

Fain and her three kids, Landon Todd, 2; Jason Todd, 4 and Josieanna Arriaga, 5, were injured seriously in the crash, said Lt. Paul Cosper, Georgia State Patrol spokesman.

The children were airlifted to Children’s Healthcare of Atlanta at Egleston. Fain was transported to Spalding Regional Medical Center. Their conditions were unknown by Cosper and would not be released by hospital officials.

The accident is still under investigation, said Cosper. Debela has been charged with failure to stop at a stop sign, failure to obey a traffic control device and charged for driving a truck on a no-thru truck road.

Too many people have been killed by semi truck crashes and trucking accidents.

Nationwide, large trucks (known as tractor trailers, semi trucks, eighteen wheelers, diesel, big rigs, or commercial trucks) make up only about 3% of the vehicles on the road. However, they account for far more traffic fatalities. For example, in Missouri, semi truck crashes make up as much as 15% of traffic deaths. In Illinois, tractor trailer crashes cause more than 10% of traffic deaths.

The National Transportation Safety Board ("NTSB") lists the following as some of the most common causes of big rig accidents:

Poor Driver Training

Driver Fatigue (Tiredness)

Speeding

Overloaded Trucks

Oversized Trucks

Brake Failure

Poor Driving Conditions

Driver Inexperience

Failure To Yield The Right-Of-Way

Driving Under The Influence of Alcohol Or Drugs

Aggressive, Dangerous Or Reckless Driving

Mechanical Failure (Or Improper Maintenance)

Defective Parts (Such As Defective Steering Or Brakes)

Truckers and trucking companies must be mindful of each of these trucking accident causes.

Visit our trucking accident web site to learn more about trucking accident safety or trucking accident investigation.

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

Originally posted at InjuryBoard by Brett Emison

Atlantic City Expressway Wrong-Way Accident Kills Two PA Men and One NJ Man

Paul Napoli — Thu, 03 Dec 2009 23:24:22 GMT

December 3, 2009

An accident early Wednesday morning on the Atlantic City Expressway has left three men dead.

New Jersey State Police said a Volkswagen GTI, driven westbound on the expressway by Michael Pitoscia, 21, of Williamstown, crossed the grass median at mile marker 31.9 about 5 a.m. and traveled the wrong way in the eastbound lanes for about three-tenths of a mile. Pitoscia’s car then struck a Ford Escort driven by James Murphy, 45, of Brookhaven, PA and carrying passenger Joseph Cava, 55, of Philadelphia, PA near the interchange for Winslow-Williamstown Road.

Police said the fire companies and emergency medical personnel from both towns of Hammonton and Winslow responded to the scene, along with and paramedics from AtlantiCare.

James Murphy was pronounced dead at the scene. SouthStar helicopter airlifted Joseph Cava and Michael Pitoscia to Cooper University Hospital in Camden, where both later died, police said.

The Atlantic City Expressway was closed between Exits 33 and 31 while the accident scene was cleared and reopened by 8:30 a.m.

The accident remains under investigation, New Jersey State Police ask anyone with information to call 609-965-7200.

If you or loved one has been injured or a loved one killed in an auto accident, Napoli Bern Ripka LLP has the experience and knowledge needed to successfully handle your auto accident case. Contact us immediately after an auto accident and we will discuss the situation with you and come up with a plan of action to help you get compensation for your injuries, property damage or a loved one’s wrongful death. Call 1-888-529-4669 today to discuss your case and find out the best course of action to ensure that you get the compensation you deserve.

Originally posted at InjuryBoard by Paul Napoli