Utah Personal Injury Blog

Halloween Night Hit-and-Run puts 3-Year-Old in Hospital

Bret Hanna — Mon, 02 Nov 2009 22:25:41 GMT

A 3-year-old boy from Provo was hit by a dark vehicle, a pickup truck or SUV, as he was getting ready to trick-or-treat. The accident happened in the parking lot of a condominium complex in Orem at about 7:20 p.m. Saturday night, just as he was exiting a vehicle driven by his parents.

The vehicle struck the boy and the driver stopped about a half a block away and appeared to be assessing the situation; then he took off. The little boy suffered critical injuries including a broken leg and facial fractures. He was transported to Utah Valley Regional Medical Center and was the flown to Primary Children's Medical Center where he has been listed in serious condition.

Why would a driver do such thing? Was he drunk or high? Was he driving distracted - talking on a cell phone or texting perhaps? With luck, the little boy will fully recover and there will be an explanation for what happened and why. Police are looking for the driver - if you have any information, please contact them immediately.

Originally posted at InjuryBoard by Bret Hanna

Suspect in Fatal Hit and Run Accident Arrested

Bret Hanna — Tue, 27 Oct 2009 22:47:18 GMT

Brayden F. Beddoes, 20, was killed Sunday while he worked in a construction zone on the I-215 belt route in West Valley City. Beddoes was employed by A-Core Construction and was in a barricaded work area at the time he was hit. The driver of a pick-up was headed southbound when he went behind the barrel barrier and struck Beddoes.

Beddoes and a co-worker were sweeping the roadway after crews cut recently poured concrete. He was wearing a reflective vest and was in a zone of two lanes that were closed to public travel when he was hit. After the truck struck Beddoes, it hit a concrete barrier and then traveled another 200 yards before coming to a stop. Another worker started to approach the truck but the driver fled the scene.

A witness observed the accident and reported a description of the truck and the license plate to the Utah Highway Patrol who is investigating the accident. The witness followed the truck onto an off-ramp and then back onto the freeway to get the information. Investigators used the information to track down and question 49-year-old Michael Brinkman in Roosevelt on Monday where he has been working. When asked, Brinkman admitted that he was in Salt Lake County at the time of the accident, in a construction zone, and that he had hit something with his truck while there.

There is a lesson here - drive safely but in the event of an accident, stay and deal with the situation. It is only fair to your fellow travelers.

Originally posted at InjuryBoard by Bret Hanna

Don't Forget About Organ Donation

Bret Hanna — Sun, 25 Oct 2009 21:47:46 GMT

A race was held yesterday in Salt Lake City to raise awareness about the benefits of organ donation. About 100 people participated in the Donate Life Utah 2009 9k Run and nine-tenths-of-a-mile walk sponsored by The Quest for the Gift of Life Foundation. The number nine symbolizes the number of lives that one organ donor can save if they make the decision to donate. The event was a huge success if you consider setting a Guinness Book of World Records a sign of success - 203 new organ donors signed up in one day, crushing the previous record of 142.

Organ donation is critical and very easy to do. Utah, like most states, allows people to check a box when they get a driver's license which indicates their willingness to donate. But people often overlook the box when they get their first license, typically at age 16, because of their youthful perspective or lack of awareness. And if they don't affirmatively focus on the issue when they periodically re-new their license during the course of their driving career, the box may never be checked. Fixing the "problem," however, is easy. In Utah, visit www.yesutah.org or call 866.937.8824. Elsewhere, Google, Yahoo, Bing or use the search engine of your choice, to find information in your area about how to donate. Here's why:

6,000 people die each year waiting for a transplant, and the national transplant waiting list contains over 84,000 individuals waiting for transplants. The Foundation is committed to helping save these lives by doing "whatever it takes" to significantly increase the availability of life-saving transplant organs, eyes, and tissue.

Thanks to the help and determination of countless individuals, Utah now has over one million people registered as donors, the highest per capita of any state in the nation. Although much has been accomplished, there is still much to do. The Foundation invites every city, town, company, and individual to help save these lives.

Lori and Sid Williams, of Centerville, Utah, who lost their 10 year old daughter who became a donor, said of the experience: "While we will always grieve over Kristen's death, knowing that her organs gave life and sight to others has been a great comfort to us....How much more difficult it would be for a mother of a dying child whose life could have been saved, if only another family...had found the generosity to donate..."

People die of natural causes and of accidental causes. Regardless, when the time comes be in a position to potentially offer the gift of life to those left behind.

Originally posted at InjuryBoard by Bret Hanna

House Explosion Injures Two

Bret Hanna — Sat, 24 Oct 2009 13:09:21 GMT

Two people were injured Thursday in Cache County after the house they were taking care of was obliterated by an explosion. Mary Sorensen, 23, and her brother Tony, 27, had been staying in the house located in College Ward, south of Logan, while their parents are out of the country doing volunteer work.

At about 10:30 a.m., the first explosion reduced the house to a pile of rubble. A few minutes later, a second explosion started a fire. Witnesses said that flames shot 30 - 40 feet into the air and that the concussion could be felt as far as a mile away. Neighbor Brandon Anderson was at home and when he felt the explosion. He rushed to the home where he found Mary Sorensen screaming and looking for her brother. Anderson and off-duty sheriff's deputy Shane Zilles, who was nearby and saw the mushroom cloud from the explosion, are among those who searched for Tony who was trapped inside the house. Mary was taken by ambulance to Logan Regional Medical Center and Tony was flown to University Hospital with burns over 65 percent of his body.

Although the ignition source of the explosion has not yet been identified, the fuel behind it was propane. A service technician was at the home Wednesday evening and he identified several minor leaks in the fuel line entering the house. The technician has indicated that the family told him that they would fix the leaks themselves. While do-it-yourself projects are always attractive, particularly in tough economic times, putting the repair off in this case, even for a day or less, was mistake.

According to propane101.com, do-it-yourself propane system projects pose the most important safety hazards to consumers.

Propane Repairs/System Modifications: Can I Do It Myself?
This is probably the single most important safety issue the propane industry battles on a daily basis. People constantly want to fix their own leaks or make changes to their gas system to save money or because the propane service technician isn't available for several days or weeks. Modifications to any part of a propane system is not advisable and unsafe. All repairs and modifications to any part of a propane system should be handled by a propane company or a licensed propane gas professional. In short, performing repairs and making modifications or additions to your propane system is not advisable. You will be safer in addition to it being cheaper in the long run.
Propane System Modification
The propane industry views modifications to a propane system as "additional changes" to an existing gas system. Quite often, modifications to a propane system performed by the homeowner result in an unsafe and illegal situation. In addition to not being safe, there are many things to take into consideration before any amendment is made to a gas system. For instance, you have a room in your house that you need to put a new space heater but there is no gas valve or connection so you figure you'll do it yourself. It's not just as simple as getting some pipe or tubing and running the line and attaching a valve in the room for the heater. Some questions come to mind that you probably don't know need to be answered:

How will this new gas outlet affect other appliances when in use?

Will the current regulator be sufficient for the total BTU load?

Are there any permitting requirements or local codes to be complied with?

Does the length of the pipe or tubing require a second stage regulator?

Is the regulator designed and/or legal for fixed propane piping systems?

What size tubing or pipe will be needed so that the heater will function properly?

Will the propane company still fill my tank if I don't repair this properly? What is properly?

Are flue gases an issue? What about appliance venting and is it required?

The propane company knows how to properly make additions to the existing system so that the entire system will function properly...Let the propane professionals handle it. Also, improper installation of a piping system can result in the incomplete combustion of propane. Carbon Monoxide is a deadly byproduct of incomplete combustion and can cause death within a matter of minutes if concentration levels are high enough.

Propane Troubleshooting and Repairs
Only propane companies and professionals have access to tools and equipment that can properly diagnose and identify problems within a propane gas system. They also have the experience. Buying tools, parts and supplies from the local hardware store to make household repairs is something we're all accustomed to because of the availability and convenience of large stores like Home Depot, Lowe's and others. Books about hazardous and dangerous household subjects such as electricity are readily available but finding a book on propane repairs or LP Gas troubleshooting is quite difficult. The reason being is that trying to repair your own propane system isn't advisable, nor is it safe. Some tools and parts that appear to be similar to the parts on your propane system can be readily found but if they aren't designed for LP Gas use, they can place your family in a potentially dangerous situation.
Moving Your Propane Tank
Along the same lines of modifying your own propane system is moving your own tank. The best way to move your propane tank is by calling a licensed propane company. Although it's not necessarily illegal to move a propane tank, the risks involved with moving it far outweigh the advantages. Too much can go wrong while using equipment such as a forklift or front-end loader to move the tank yourself. For instance, if the tank still has liquid propane in it, the lifting lugs can be damaged rendering them useless. And if the "do-it-yourselfer" goes a step further by welding on the tank, the tank may become completely unusable. Welding on any propane container is illegal unless the welding is done by a tank manufacturer or an approved tank fabrication and repair firm. If the tank rolls after hitting the ground, valves and fittings can be broken off allowing propane to vent dangerously into the vicinity creating a very hazardous situation. Too many things can go wrong by trying to move your own propane tank so be on the safe side and contact your propane company. Chances are, it will also be cheaper in the long run by doing so.

Our thoughts are with the Sorensen family and we hope for a full recovery for both Mary and Tony. Please let their experience serve as a reminder to play-it-safe and have professionals take care of potentially hazardous repairs like those needed at their home.

Originally posted at InjuryBoard by Bret Hanna

Increased Speed Limits have not Decreased Safety

Bret Hanna — Thu, 22 Oct 2009 22:03:37 GMT

Toward the end of last year, the speed limit on two stretches of Interstate 15 in southern Utah was raised from 75 m.p.h. to 80 m.p.h. The stretches total about 18 miles and run between Kanosh and Filmore, and Scipio and Mills. According to the Utah Department of Transportation, the increase resulted in drivers going an average of 2 to 3 m.p.h. faster and fewer speeding violations, but no increase in accidents to date.

These statistics are good news to be sure. The lack of an in cease accidents, however, does not mean that drivers should not be constantly vigilant while driving at the higher speeds. Of course, texting while driving is illegal in Utah so drivers should never be distracted in that way. Also, guard against other forms of distracted driving and pay close attention to the onset of drowsiness which is the cause of way too many accidents. Finally, regardless of the speed limit, always drive at speeds that are safe for the conditions. The law requires it and so does common sense.

Originally posted at InjuryBoard by Bret Hanna

TASER International Issues Long Overdue Warning

Bret Hanna — Wed, 21 Oct 2009 21:46:51 GMT

It certainly took them long enough but TASER International, manufacturer of the dangerous and sometimes deadly stun guns so popular with police and some private citizens, is now telling police to avoid aiming the 50,000 volt weapons at the chests of suspects to avoid heart issues. The warning is a stunning reversal of course for the company which up until now, has steadfastly denied that the weapons can cause cardiac arrest. The company now admits that there is a small risk of an "adverse cardiac event," but still claims that the weapons do not cause cardiac arrest. According to one report, the warning was issued because the company wants users to "avoid controversy" by having them avoid targeting the chest area.

Interestingly, the warning does not appear on the home page of the company's website. What does appear prominently on the home page? An offer to upgrade to a semi-automatic Taser. Yes, you read that correctly; a semi-automatic Taser. Here is the intro:

The TASER Trade-In Program is a seamless way to trade your existing TASER® X26™ and/or ADVANCED TASER® M26™ technology and apply it toward the purchase of a new TASER® X3™ Semi-Automatic ECD. Act soon as this trade-in offer ends 12/31/2009.

And a description:

The TASER® X3™ is a revolutionary new multi-shot ECD that can engage multiple targets, display Warning Arcs™ while loaded, and deliver a calibrated Neuro Muscular Incapacitation (NMI) pulse that results in improved safety.

I'll let the "results in improved safety" claim slide for now because taking a shot at it is too easy given the injury and death history with TASER International products. So back to the warning. When I first looked at the website, I assumed such an important safety warning would appear on the home page in a prominent place. I was wrong. And then I didn't think it was on the website at all. I was wrong again. I dug a bit and the warning is there - click on "Legal" and then on "Law Enforcement Warnings." Unbelievable. Let's hope the media and other sources of safety information are more effective in getting the word out about this warning.

Originally posted at InjuryBoard by Bret Hanna

Utah Catholics Alter Practices in Face of H1N1

Bret Hanna — Tue, 20 Oct 2009 00:15:12 GMT

Bishop John C. Wester of the Salt Lake catholic diocese has ordered a change in the liturgy in the face of the spread of the swine flu. In a letter Thursday to parishes, schools and other Catholic affiliated entities, he conveyed that local catholics will temporarily abstain from using a common communion chalice, will not do the traditional hand-shake greeting at services, and will not have holy water to dip their fingers in at places of worship.

Also, those involved in giving communion are to use hand sanitizers discreetly when they can and are encouraged to offer the host in the hand rather than on the tongue as is often the custom. Most importantly, church members are encouraged to observe the now well known flu avoidance tips of washing hands often, sneezing into the arm, avoiding close contact and most importantly, staying at home if there is any sign of illness.

Originally posted at InjuryBoard by Bret Hanna

Tort Reform and Unintended Consequences

Bret Hanna — Thu, 15 Oct 2009 20:15:40 GMT

Medical care providers are people and people make mistakes - that's it, plain and simple, and the facts can't be disputed. An editorial which appeared this week in the Salt Lake Tribune offers the following statistics:

The other side of the coin is that doctors and hospitals regularly kill people through their negligence. In 1999, the Institute of Medicine of the National Academies reported, "Based on the findings of one major study, medical errors kill some 44,000 people in U.S. hospitals each year. Another study puts the number much higher, at 98,000. Even using the lower estimate, more people die from medical mistakes each year than from highway accidents, breast cancer, or AIDS."

Tort reformers, however, love to sweep such statistics under the rug and focus on things like so-called defensive medicine." MedicineNet.com defines this as:

Defensive medicine: Medical practices designed to avert the future possibility of malpractice suits. In defensive medicine, responses are undertaken primarily to avoid liability rather than to benefit the patient. Doctors may order tests, procedures, or visits, or avoid high-risk patients or procedures primarily (but not necessarily solely) to reduce their exposure to malpractice liability. Defensive medicine is one of the least desirable effects of the rise in medical litigation. Defensive medicine increases the cost of health care and may expose patients to unnecessary risks.

A debate rages about whether defensive medicine is a statistically significant problem but if it is, the doctors who practice it should be hiring lawyers - not medical malpractice defense lawyers, criminal defense lawyers. If they are ordering tests, procedures or care visits to reduce their exposure to malpractice liability, they are violating the Hippocratic Oath and committing insurance fraud because they are being reimbursed for unnecessary care.

In any event, tort reformers have successfully sold their "we need caps on damages to reduce malpractice insurance premiums and to reduce defensive medicine" bill-of-goods to a number of legislatures including the one here in Utah. We have a draconian Governmental Immunity Act, with a one-year notice of claim requirement and a total damages cap that shields every governmental medical provider and facility, from the smallest rural county hospitals to the giant University of Utah Health Care system. For those medical providers not so protected, we have a short two year statute of limitations, a mandatory pre-litigation review process that can add up to a year to the litigation process, and caps on general damages.

There is no evidence that these "reforms" have had the intended effect - malpractice insurance premiums are dictated by how well insurance companies are doing in the stock market, not how much they pay out in claims. And doctors still claim that they worry about being sued and practice medicine in response. So much for the intended effects, but what about what may not have been intended?

Again, people are routinely injured and killed by the negligence of medical providers. These people, who could be you, your family members or your friends, are entitled to recover for the real economic, physical and emotional losses associated with such deaths and injuries. Not surprisingly, people who have been victimized by medical negligence focus first on grieving the loss of a loved one or, for those not killed, getting better if they can. Figuring out how to deal with their losses by examining potential remedies often comes down the road.

In many states, such as Utah, that natural time lapse can pose real problems that may undermine those remedies. Medical malpractice cases are complex and time intensive. And they are expensive - very expensive. Attorneys who help the families of the dead and the injured only get paid if there is a recovery. And they can invest tens of thousands of dollars of their own money on costs associated with getting a case to resolution. These economic realities dictate that only meritorious cases be pursued, but it takes time to figure out which cases have merit and which do not. Medical records must be gathered which can take months. Once gathered, records must be reviewed by a qualified expert to determine if there was negligence which caused an injury for which a legal remedy is available.

With such short time lines for pursuing claims, however, lawyers representing the injured are often forced to file notices of claims and other documents to initiate claims before a full detailed analysis of all of the potential players and elements of various claims can be completed. If they don't, the claims of their clients may be barred. The result is that some cases may be dismissed voluntarily down the road, or individual providers may be let out of a case, because after there is time for a full vetting it turns out there is not a good case against them.

Medical providers complain all the time about a "shotgun" approach to medical malpractice cases - pursue everyone in sight for everything under the sun and sort it out later. But that is not what is happening. Attorneys representing victims are making the best decisions they can and taking the steps necessary to protect the rights of their clients before they are lost. If they are forced into initiating a claim because of deadlines and they later determine that they don't have a strong case, they do the right thing and end the process. Such unintended consequences of tort reform should not be replicated with the imposition of additional limitations on access to justice.

Originally posted at InjuryBoard by Bret Hanna

Bus Crash Injures Dozens of Students and Kills One Teacher - Update (2)

Bret Hanna — Wed, 14 Oct 2009 16:48:42 GMT

This is my third post on this tragic accident. The first provides the details of the accident and highlights the heroism of Heather Christensen, the music teacher that tried to prevent the accident, and the second highlighted the outpouring of love from the community to those impacted and gives an update on the condition of those injured in the accident. But it appears that the American Fork High School marching band is unstoppable and another update is in order.

The band was one of 25 that participated in the Rocky Mountain Band Competition held Tuesday evening at LaVell Edwards Stadium on the BYU campus in Provo. The weather was cold and rainy, but that didn't stop them from putting on a dazzling performance in front of the record crowd of 8,000 who gave them a standing ovation before they were awarded the first-place prize. Their performance was dedicated to fallen World War II heroes and to Christensen. If you want to keep up with this inspiring group of people, you can follow them by checking their Web site.

Originally posted at InjuryBoard by Bret Hanna

Car Hits Runner In Crosswalk During Early Morning

Mark Williams — Wed, 14 Oct 2009 01:17:42 GMT

The Salt Lake Tribune reported another tragic death of a runner hit by a car. Renee Fleckenstein, a 62-year-old Sandy woman, was struck while in the crosswalk by a female driver who said the she was "turning and didn't see the runner" as the runner apparently ran across the crosswalk. It is difficult to tell what happened since only the deceased runner and the driver were present at the time of the collision. It is unclear who had the green light. However, this kind of accident happens all too often. Ms. Fleckenstein was the 19th pedestrian killed this year in Utah. There were 45 total pedestrians killed in Utah last year.

The article in the Tribune contains admonitions of the police that runners/bikers should always have forms of I.D. when they run, which will allow responders to identify injured athletes on the road. Also, an iPod was found on the runner. Certainly, the use of an iPod does not excuse the inattentiveness of any driver who ignores a person in the crosswalk, whether running against or with the light. However, as I've pointed to before in other blogs, runners and bikers sharing the road with motor traffic have to take every precaution to avoid losing the battle for space on the roads. All your senses should be attuned to the surrounding environment to avoid the distracted, inattentive, or even hostile driving public.

Even though an I.D. probably wouldn't have changed the outcome of this horrible accident, it is still a good idea to carry important identifying information with you as you go out on the byways for a workout. One of many such permanent and handy forms of I.D. is Road I.D. bracelet. I've been wearing mine for the last couple of years. There are many stories where the personal contact/emergency information has assisted responders in properly treating injured and unconscious athletes found on the road, many times, far from home.

Drivers need to take greater care to observe the road to avoid these tragic accidents. Runners, bikers, and walkers also need to take precautions to protect themselves. With the increasing number of health-conscious people hitting the roads, particularly in the morning, we all- runners, bikers, walkers, and drivers- need to observe a much higher level of vigilance. 19 pedestrians killed is too many. One person killed is too many. Watch out for each other!

Originally posted at InjuryBoard by Mark Williams