The Injury Board Commentary - Miscellaneous

"Team InjuryBoard" Road Racers to do Double Duty for Downs Syndrome

Doug Landau — Fri, 10 Feb 2012 06:03:00 GMT

After their successful participation and fundraising for the Clearwater Marine Aquarium (which cares for maimed, disabled and diseased marine animals, as depicted inthe hit movie "WInter's Tale") the "Team InjuryBoard" running lawyers will once again toe the line for a wonderful cause and "exercise their legal rights" ! In town for the Association for Justice meeting, these lawyers will also be running for charity in addition to blogging about safety and representing injured and disabled clients. This Sunday is the 34th annual Runner's Den Classic Road Races at Paradise Valley Mall, 4568 E. Cactus Road in Phoenix, Arizona. In addition to the usual prizes for top finishers in the 5km and 10km. races, for those hardy souls who race in BOTH events, there are Awards to Top Ten Male and Female combined time "Double Down" finishers. Doug and Melissa Landau are entered in the infamous "Double Down" combined 10k & 5k, as Mrs. Landau is a long distance specialist with several half marathons to her credit, and the "Triathlon Trial Lawyer" needs to get in shape for several National Championship races and the Sprint Triathlon World Championships in New Zealand in October.

Proceeds from the race go to "Sharing Down Syndrome - Arizona" According to their web site, the Mission of Sharing Down Syndrome Arizona is "to educate and empower, but especially give hope to individuals who have Down syndrome (and their families who love them) so these children may grow up to become independent self-advocates. We promote positive acceptance, understanding and inclusion is embraced by all as we celebrate each life."

Originally posted at InjuryBoard by Doug Landau

Pennsylvania State House Ready To Vote On Unconstitutional Corporate Venue Legislation

Scott Cooper — Thu, 09 Feb 2012 07:13:39 GMT

How often does your legislature vote on a piece of legislation that it knows will be unconstitutional? In Pennsylvania, the state house has done that in the past and is poised ready to do this again.

That is why if you live in the Commonwelath of Pennsylvania you need to Contact Your Pennsylvania State House Representative Immediately and ask He or She to “Vote NO on House Bill 1976– The Corporation Venue Protection Act”!

The Pennsylvania state house may soon vote on what, if passed, will be known as the the Corporation Venue Protection Act of 2012, HB 1976, which gives corporations special rights and protections in all civil cases. The bill’s supporters spin there argument and call it a “venue shopping” bill, but the bill is really designed to protect corporations that are responsbile for injuring or killing people through reckless, intentional or reckless conduct because it applies only to venue in “actions against corporations and similar entities.”

If passed, this bill will usurp the Supreme Court’s exclusive rulemaking power on venue and all but abolish the ‘minimum contacts’ jurisdiction test. Emboldened by their win last year on joint and several liability, the Pennsylvania Chamber of Business & Industry admits it wants to “continue the momentum.” Despite using other organizations to help lobby this legislation, the Chamber is really the force behind actively pushing HB 1976.

For the sake of the preserving your rights and the rights of a loved one who may be injured or killed by such conduct, it is time to push back now.

Contact your state representative to vote “no” on the HB 1976. HB 1976 is unconstitutional, departs radically from longstanding legal doctrine, and unfairly singles out corporations for protection against accountability for harms they cause to Pennsylvania families.

If this legislation becomes law it will have a dramatic impact on those injured or killed as a result of corporate misconduct in a car wreck or accident, impacted by a defective product, or any other personal injury claim (excluding medical malpractice) in not only Harrisburg, Central Pennsylvania but the entire Commonwealth.

Scott B. Cooper
Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300 – Telephone
(717) 232-6467 – Facsimile
scooper@schmidtkramer.com
Facebook.com/SchmidtKramer
Twitter.com/TalkToALawyer

Originally posted at InjuryBoard by Scott Cooper

No Virginia Ticket for Bambi

Doug Landau — Thu, 09 Feb 2012 06:09:00 GMT

There are lawyers who have studied hard, taken the bar exam, passed the background checks, then paid dues and gone to Continuing Legal Education ("CLE") classes to maintain their licensure. And then there are some that have not.
Even though she had never been licensed by the Virginia State Bar, a Williamsburg patent lawyer has been suspended from performing any legal work in the state for two years. A three-judge circuit court panel sitting in the Circuit Court for James County and the City of Williamsburg approved a two-year suspension of Bambi Faivre Walters for unauthorized practice of law and misuse of client money according to the article in this week's Virginia Lawyers Weekly

The North Carolina bar reprimanded Walters in 2010 based on the same allegations of practicing law in Virginia without a license. It is important to verify that your lawyer is in fact a member in good standing with the state bar where your case may be brought. You can call the Virginia State Bar ("VSB") at 804-775-0500 and verify membership. You should also verify that a lawyer has insurance coverage and has handled cases like yours successfully. The VSB has an easy to use site for this as well. Whoever you choose to represent you in your injury, Social Security Disability, workers comp or other claims, please make sure that they are members in good standing of the bar, that they are insured and experienced.

Originally posted at InjuryBoard by Doug Landau

Oral HPV More Common in Men Than in Women

David Mittleman — Wed, 08 Feb 2012 12:44:15 GMT

The first national study of oral HPV or the human papillomavirus revealed that the infection is much more common than doctors originally suspected. HPV is linked to cancer and the study also revealed that it is mostly spread through sexual contact rather than through more casual contact like kissing.

HPV is best known for causing cervical cancer or genital warts. While there are vaccinations to prevent women from contracting genital HPV such as Gardasil, oral HPV is actually more common in men than in women. In fact, approximately 10% of men and only 3% of women have the oral virus. Doctors are unsure why men have the oral version more than women, but have also noted that men have a higher rate of throat cancer which is linked to the virus.

The infections were clearly linked to sex rather than kissing, although some parents may worry that their teenagers will spread the illness this way. Oral HPV was 8 times more common in people who had vaginal, oral or anal sex and this was even more of a problem for people who had multiple partners or those who started having oral sex as teenagers. Last year the Centers for Disease Control recommended that all teenagers, both boys and girls at ages 11 and 12, have a vaccine for HPV to prevent cervical, anal, vulvar or vaginal cancers. Furthermore, doctors urge those engaged in oral sex to use a protective barrier such as a condom or other device to prevent oral HPV. Compared to vaginal cancers, doctors have no way to detect throat cancer until the later stages.

Originally posted at InjuryBoard by David Mittleman

Girl with No Hands Not Allowed to Ride

Jason Herrera — Wed, 08 Feb 2012 10:59:00 GMT

A 17-year-old girl with no hands was not allowed to ride roller coasters at two Orlando theme parks recently, bringing up the question: should she have been allowed to?

Safety guidelines are there for a reason and last year at an amusement park in New York, a 29-year-old man with no legs was ejected out of a roller coaster, which had people asking, "why was he let on?" The park, Darien Lake, was issued two violations for failing to properly train ride operators on the safety and operation restrictions of the Ride of Steel roller coaster and for the operators being unfamiliar with the safety requirements.

It appears there is no consistency within the amusement park industry when it comes to dealing with guests with disabilities. Some ride operators enforce the safety rules while some bend the rules.

Ride operators I have spoken with said it is one aspect of the job they dislike. You have someone that doesn't meet the safety requirements, so you have to politely ask them to get off the ride; it’s not a good feeling, they say. Most riders understand and are cooperative, but there are a few who are tough to deal with. Not only is this situation uncomfortable for the rider, but it’s just as uncomfortable for us, they say.

Originally posted at InjuryBoard by Jason Herrera

How Super are SuperPacs?

Greg Webb — Wed, 08 Feb 2012 07:45:00 GMT

“SuperPAC”, the acronym for Super Political Action Committee, caused me to shudder instinctively the first time I heard it. Would democracy be threatened by the influence of super corporate donors? SuperPACs, which have been “playing a significant role” during the presidential pre-election ramp-up, are receiving more money from corporate sources than in the past year, according to what we can observe with our own eyes on television, and also according to a recent Washington Post article entitled, “Corporations are sending more contributions to super PACs”.

An Idaho company donated $1 million to a political organization backing Mitt Romney, according to federal records released this week. The company had $1 billion in sales last year derived from selling vitamins, environmentally-friendly cleaning materials and other household products. Do we really want a dietary supplement producer influencing the election of the highest office in the land at a time when the FDA is attempting to raise the bar of standards on the contents and labeling of dietary supplements?

Federal records reportedly show that 23 percent of funds going to SuperPACs are now coming from corporations rather than individuals, which is an increase of approximately 4 percent since the 2010 election cycle. We are, of course, headed for the presidential election and the stakes are exponentially higher. The U.S. Supreme Court’s Citizens United decision of 2010, which overturned a 20-year-old ruling that formerly had permitted state laws to prohibit corporations and unions from using money from their general treasuries to produce and run their own campaign advertisements, paved the way for corporations to donate big money - really big money. While money has always been the life's blood of elections, the big difference after Citizens United is that corporations, including publicly traded corporations, are now not limited (except by whatever internal restrictions they may implement, or by how their shareholders "vote") in how much of that life's blood they can pump into the SuperPAC (i.e., candidate) that meets their financial needs.

Some politicians, including the President, have questioned the ruling and are concerned that big corporate funding may corrupt the democratic process. Many Americans have the same concerns. Now, within the last day, the Obama has yielded to the pressure to remain competitive in light of the tens of millions of dollars that the Republican SuperPACs have raised, and, in particular, the war chest raised by Mitt Romney's supporting SuperPAC. “The combination of the sheer magnitude of what we were watching on the Republicans’ side, combined with the lack of any real ammunition on our side, was disconcerting,” said an Obama adviser who wanted to remain anonymous. The campaign's decision has caused much criticism from both the Republican party and the liberal wing of the Democratic party. It appears, however, that President Obama's pragmatic side won out over idealism. As the old saying goes, if you can't beat them, join them. It is just unfortunate that money is now even more of a factor in the American election process, and that is hard to fathom given the millions upon millions that have been spent in the past decade.

Originally posted at InjuryBoard by Greg Webb

Funding Courts a Crisis That Threatens Justice for All

Linda Chalat — Tue, 07 Feb 2012 14:05:58 GMT

American Bar Association President Wm. T. (Bill) Robinson III continued to focus on the growing funding crisis in our courts. According to Robinson, 42 states have reduced court budgets, 34 reduced staff, 39 stopped filling clerk vacancies, and 23 reduced courthouse operating hours. The ABA has sent hundreds of kits, to state and local bars across the country, which provide guidance on ways to lobby for better court funding. The kits include videos highlighting the problems, statistics and sample editorials.

To help bring greater awareness to the court funding issue, the ABA has established its Law Day theme as “no courts, no justice, no freedom.” The goal is to spur rallies and press conferences on the steps of every state capitol on Law Day, May 1, to speak out on the need for court funding.

Across the nation, legislators are forcing the courts to figure out ways to cut out case types, cut back services, reduce jury trials, and add more mediators, who act as judges but who are really not judges, to resolve cases more cheaply. Criminal, juvenile, and family cases necessarily take priority, denying timely resolution of civil conflicts to all parties. The lack of court funding coupled with excessive litigation costs, will ultimately reduce access to both the state and federal civil justice systems for all but the very wealthy.

The National Center for State Courts reports for Colorado the following facts:

Colorado’s courts are funded by the state and include district and county courts and the state’s probation function. Colorado’s total state appropriation increased from $352 million in FY11 to $374 million in FY12. The Judiciary will be increasing the number of judges, the number of staff persons and the amount spent on operating costs.
Six million dollars was transferred from the Department of Corrections to the Judiciary to treat probation offenders and keep them out of prison. This transfer accounts for over $12 million of the increase from FY2011 to FY2012.
To reduce spending, the Colorado courts have reduced hours of operations, delayed filling judicial and staff vacancies and vacancies in judicial support positions. They have had to lay off staff and to reduce the use of retired judges.
The above cuts have resulted in overall diminished public access to the courts. Primarily, staff cuts have reduced the Branch's ability to respond to pro se litigants and phone access to the courts has become limited.
Colorado has frozen the salaries of judges and staff. The lack of salary increases has impacted staff morale and just recently, the Branch has started to see high quality and experienced staff leaving the Branch for higher paying jobs.

Everyone agrees that our public institutions must run efficiently with as little waste as possible. But budget cuts should not be allowed to take away our right to use courtrooms when we need to. Courts must be open to protect families, to validate and protect contracts for business and our individual rights. Justice for all does require money, and we should insist that our elected representatives insure that funding which keeps the wheels of justice turning.

Originally posted at InjuryBoard by Linda Chalat

What to Do If a Dog Attacks You

Council Wooten — Tue, 07 Feb 2012 09:32:00 GMT

If you are the victim of a dog bite, it can be quite a terrifying experience, even if the wound is not serious. It is important to remain calm if you or a loved one is attacked.

First, be sure that the animal is contained and you and any other victims are safe from further attack. Even if a dog appears to have backed off, animals are unpredictable, and the dog could very well launch into another attack. Immediately seek any medical attention, call 911. Let medical experts determine the severity of your injury.

Try to get the names and contact information of any potential witnesses, as well as the owner of the dog. These details could be important in the future. Take photos of the bite and any other injured areas on your body. Take more photos than you think you may need. Make sure the lighting is good and make sure your face is visible in at least some of the photos.

Try not to panic or immediately place blame. If possible, find out if the dog has been vaccinated or has any medical conditions of diseases. The more information you have for physicians the better off you are. Contact an attorney before speaking with police or investigators to ensure your rights are protected.

Wooten, Kimbrough & Normand, P.A.—Orlando personal injury attorneys.

Originally posted at InjuryBoard by Council Wooten

One Day Scientists Could Read Your Mind

David Mittleman — Tue, 07 Feb 2012 08:54:32 GMT

For someone who has suffered a stroke, there is probably nothing so devastating as the inability to speak. However, scientists may have found the ability to literally "spy" on people's thoughts--giving stroke sufferers that have lost the chance to communicate the ability to "speak" once again.

Researchers at the University of California, Berkeley described in a recent journal article how they discovered a way to monitor brain waves in order to reconstruct the words a person hears in normal conversation. By "decoding" the electrical activity in the part of the brain responsible for the auditory system (superior temporal gyrus), scientists believe that they will one day be able to hear the imagined language of stroke or Lou Gehrig's disease patients, for example.

For the study, researchers tested two different computer models that were designed to match the spoken sounds to the pattern of activity in the brain when a person hears a particular word. One of the models provided a sound close enough to the word that an individual was thinking of that researchers were able to guess the word. The primary goal of the research was to reveal how humans encode speech in the brain and to pinpoint what aspects of speech are necessary for understanding.

This research builds upon previous work conducted with ferrets at the University of Maryland where researchers were able to guess which words the ferrets were read, although the ferrets were unable to understand the words.

Originally posted at InjuryBoard by David Mittleman

Gym Safety Tips for the New Year

Pete Strom — Mon, 06 Feb 2012 16:15:36 GMT

With the New Year comes new promises and New Year’s resolutions. One of the most popular New Year’s resolutions is to hit the gym to get into shape for Spring. It’s an attraction and commitment that defies age and gender. No matter your age or gender, the reality is that we are all at risk of injury when working out.

According to a 2010 report produced by the New York Daily News, as many as 50,000 gym-related injuries happen each year. Avoid injury by following these simple safety tips:

1. Always Wipe Down Equipment before and after use. Various types of germs and bacteria live on gym equipment. From staph infections to rhinovirus, gym equipment can cause you to become ill. A 2006 study published in the “Clinical Journal of Sports Medicine” showed that viral cultures from 63 percent of gym equipment tested positive for rhinovirus, also known as the flu.

2. Always supervise your children. Many fitness facilities provide childcare on site at free or little cost. If available, take advantage of this option. If you are unable to find care for your children, always keep a close eye on them while working out. Also, household gym equipment can be very dangerous for your children. Treadmills can cause burns, head injuries, and injuries to extremities in children. Children may also sustain hand and finger injuries from using and/or playing with a stationary bike.

3. Make sure you dress properly. Most fitness facilities require proper dress to keep you safe. Make sure that your clothes are not too loose. Baggy clothes can get caught in an exercise machine and cause injuries. Athletic shoes can prevent slips and falls and protects your toes from falling weights among other things. Also, if you have longer hair, pull it back. It can also get caught in equipment.

4. If you are lifting weights, always use a spotter. A spotter will replace barbells back on the cradle if you are too tired to lift them. Without proper spotting, muscle sprains and strains are common. More serious injuries can result from improper or no spotting. In 2009, Stafon Johnson, a start tailback for a college football team, had to end his career due to an accident involving barbells and no spotter.

The gym can be a very rewarding place. By abiding by safety rules, hopefully you will be able to avoid injury and reach your fitness goals faster and more efficiently.

Originally posted at InjuryBoard by Pete Strom