Alabama Personal Injury Blog

Injuries - They Change Your Life

Jon Lewis — Sat, 19 Jul 2008 17:47:31 GMT

Well, I can finally identify with some of my clients. In my first 41 years of life, I have been relatively injury free. However, that all changed at the AAJ (American Association for Justice) Conference in Philadelphia, PA.

On Sunday, July 13, 2008, we decided to run a sponsored 5k (3.1 miles) in Philadelphia. About half of the way through, I was talking to the attorney next to me and not paying attention. At that point, there was a lower area of the sidewalk where a tree was planted, and my left foot folded under, breaking my fibula. Of course, with some encouragement, I finished the last mile and a half, and when I stopped, the swelling and stiffness began.

After going to the local hospital, I had the privilege of being given crutches and learning what my clients have known for a long time: frustration, difficulty doing simple tasks, and the general reaction of people when you have a physical challenge. In the last week, I have realized how we take so many things for granted such as taking a shower, walking with a cup of coffee, and simply getting from one block to another.

For example, now that I have a cast, I'm not allowed to get it wet. Do you know how hard it is to take a shower and not get your leg wet? In Philadelphia, I had to cross the street to get to the other hotel. The walk/don't walk signs have a timer. Every time I started to cross, I would be about halfway there, and the timer would start counting down: 8, 7, 6 . . . I would wonder if I would make it in time. In fact, I attended an InjuryBoard function upstairs in a restaurant with no elevator so I had to hop up. Getting dressed is no longer a thoughtless event.

In my case, no one caused my injury through a negligent or intentional act which makes it so much more apparent why people who ARE injured due to someone else's wrongful act should be compensated. Pain and suffering are no longer foreign concepts to me. My right leg is sore from having to use it all the time. Now I can empathize with my clients as opposed to before when I could just sympathize with them.

If you are injured and cannot do these simple tasks, write them down. There are so many that we don't think about: standing, going up and down stairs, playing with our kids, being able to exercise, sleeping comfortably, having to keep your leg up to keep the swelling down, getting in and out of your car, and if it's your right leg, driving itself. There are many more, but this is the short list off the top of my head. These types of explanations with specific examples help convey to the judge or jury what you are really experiencing.

Originally posted at InjuryBoard by Jon Lewis

Limestone County Motorcycle Accident Kills Man

Shannon Weidemann — Mon, 14 Jul 2008 21:28:12 GMT

A 57-year-old man was killed in a motorcycle accident last week in Limestone County, Alabama. He was a resident of Cullen and had just purchased the motorcycle that day. He was driving on an Interstate 65 offramp at the time of the accident.

According to Alabama State Trooper reports, the accident occurred at approximately 4:15 p.m. at the southbound Interstate 65 on-ramp from Interstate 565.

"He was coming off of the ramp, lost control of the motorcycle, hit the guard rail and was ejected from the motorcycle," West said.

He was wearing a motorcycle helmet. He fell about 20 feet after leaving the motorcycle. He died at the scene of the accident. The Alabama State Troopers are still investigating the accident. No other vehicles were involved.

Originally posted at InjuryBoard by Shannon Weidemann

Salmonella Focus Moves Away from Tomatoes

Shannon Weidemann — Wed, 09 Jul 2008 07:00:00 GMT

The large outbreak of Saintpaul Salmonella cases around the country was originally blamed on raw tomatoes. Investigators from the FDA and CDC have been unable to confirm that with testing of over 1,700 samples. Now they are looking into the possibility that the culprit may be another ingredient in fresh salsa.

Officials from the Food and Drug Administration and the Centers for Disease Control and Prevention say it is premature to declare jalape�os the lead suspect and still list it with tomatoes, cilantro and serrano peppers as one of the common salsa ingredients under investigation. Officials have also stepped up testing of cilantro and serrano peppers, but "there is no specific 'prime suspect,' " FDA spokeswoman Stephanie Kwisnek said.

Over 900 people in 40 states have confirmed cases of salmonella poisoning. There may be more cases that were not reported. Salmonella causes diarrhea, vomiting, abdominal pains and fever. It is rarely fatal. Jalape�os are a top suspect because they have a longer growing season than tomatoes do and a bush may be picked several times over a long period. They also have a very long shelf life when refrigerated. The FDA has not issued a warning for jalape�os, cilantro or serrano peppers.

Originally posted at InjuryBoard by Shannon Weidemann

Child Killed in SUV Pedestrian Accident; Family Thanks Attorneys Who Care

Betsy Boggs — Mon, 07 Jul 2008 17:06:50 GMT

The following letter to the editor was written by my sister after the death of her 11-year old grandson who was hit by an SUV in Kissimmee, Florida.

L. Trammell

Douglasville, GA

January 10, 2008

The Gadsden Times
Attention: Letters to the Editor

Dear Editor:

When tragedy struck my family in October of 2007 we turned to the only people we knew could help - lawyers. We all know this day and time that lawyers are not always thought of in a favorable light - some think they're greedy, some think they're shady dealers and underhanded, and some just down right don't like them. But most would agree that they are needed often in our direst, darkest moments.

My sister, Betsy Boggs, and I both work for attorneys, and have for many years. We see a different side of the legal profession than most people do. But in October 2007, our family had an urgent need to get legal advice, and fast. My grandson was killed when he was hit by an SUV when crossing a highway in Kissimmee, Florida. He had exited his school bus that had missed the normal bus stop and was let out with other children down the street from their normal stop. In an instant our world changed. Was anyone at fault: the school bus driver, the person driving the SUV, the school board, the county for not having crosswalks for the children to cross safely? These are all questions we had and we could get no answers. My sister's firm, Cusimano, Keener, Roberts & Raley in Gadsden, Alabama got involved immediately, and found local lawyers for our family in Florida to help us out and to get us answers.

The firm sent an investigator to Kissimmee immediately to talk with my daughter and her husband, to go to the site, and to interview any and all witnesses. He was compassionate and caring - in how he dealt with the family and the witnesses. He knew he had to act quickly. The investigator went above and beyond his job. He went to where the tragedy occurred - took measurements and video of traffic in the area - especially when children were being picked up and let off the school bus. Everyone in the firm acted immediately to help my family through this tragic, awful event.

It turns out in this situation, there was little insurance. Even though the settlement was very small, it did not affect the caring and compassion of these two firms.

These firms dropped everything they were doing to help my family. They cared--they did all they could to help. You see, an 11 year old child lost his life, a family was grieving and will continue to grieve. These law firms - Cusimano, Keener, Roberts & Raley and Maher, Guiley and Maher helped more than they will ever know. They found us answers. They helped my family find some peace and gave us the best gift they could have given - their compassion, their hearts and blessings. They were not greedy, money hungry lawyers.

So, the next time you need a lawyer please remember not all of them are like what you hear - most are real people, have real families and really do care. Both of these firms proved that to me and I'll be forever grateful to them.

Very sincerely,

L. Trammell

Originally posted at InjuryBoard by Betsy Boggs

Macon County Car Accident Injures Six

Shannon Weidemann — Mon, 07 Jul 2008 16:53:00 GMT

A holiday weekend car accident on Interstate 85 in Macon County injured six people on Sunday. They were all in a single vehicle headed north when the accident occured. No other vehicles were involved in the accident.

State Troopers say the driver lost control and ran into the median. All six people were in the same vehicle. Two of them were "seriously" injured, but their wounds do not appear to be life threatening.

Two of the victims were airlifted to a local hospital to be treated for their injuries. It is unknown what caused the car accident. Alabama State Troopers are still investigating the accident and no charges have been filed. The interstate was closed in both directions while the victims were being tended to and the accident scene was cleaned up.

Originally posted at InjuryBoard by Shannon Weidemann

Water Safety

Jon Lewis — Fri, 04 Jul 2008 16:45:47 GMT

Summer is a time for swimming. Whether at the pool or at the beach, people love the refreshing feel of the water during the hot summer. Have your kids ever said "no" when asked if they wanted to go swimming? Although swimming is fun and refreshing, you still need to be aware of safety measures which need to be followed while swimming. Consider the following safety measures proposed by the Red Cross and Lewis, Feldman, Lehane & McAtee, LLC:

Swim in a supervised, marked area with a lifeguard present, and swim with others. Never swim alone.

Enter the water feet first. Enter the water headfirst only when the area is clearly marked for diving and has no obstructions.

Adults should never leave a child unobserved around water. Practice "reach supervision" by staying within an arm's length of young children and weak swimmers while they are in and around the pool, lake or ocean.

Take frequent breaks (about once an hour) where everyone gets out of the water, drinks water, reapplies sunscreen (SPF 15 or higher) and rests.

If you are caught in a rip current, swim parallel to the shore until you are out of the current. Once you are free, turn and swim toward shore. If you can't swim to the shore, float or tread water until you are free of the rip current and then head toward shore.

Watch out for the "dangerous too's" - too tired, too cold, too far from safety, too much sun, too much strenuous activity.

Post CPR instructions and directions to call 9-1-1 or your local emergency number in the pool area.

Keep toys away from the pool when it is not in use. Toys can attract young children into the pool.

If a child is missing, check the pool first. Go to the edge of the pool and scan the entire pool, bottom, and surface, as well as the surrounding pool area.

Don't drink alcoholic beverages unless there is a designated lifeguard.

These safety measures apply to adults as well. Even if you are an expert swimmer, things can go wrong. It only takes a few minutes for tragedy to occur. Make sure you are aware of your surroundings. Have fun swimming this summer, and be safe.

Originally posted at InjuryBoard by Jon Lewis

Grilling Safety

Jon Lewis — Fri, 04 Jul 2008 16:40:32 GMT

During the summer, and especially on the Fourth of July, grilling is a popular activity. We love to grill our chicken, meats and vegetables. It adds flavor and reduces fat which we can all use. However, grilling can also be dangerous. Consider the following Red Cross and Lewis, Feldman, Lehane & McAtee, LLC safety tips this Fourth of July and throughout the summer:

Use gas and charcoal barbecue grills outside only.

Position grills far from siding, deck railings, overhanging branches and house eaves.

Keep children and pets at least three feet away from the grill area.

Never add charcoal starter fluid when coals have already been ignited.

Always follow the manufacturer's instructions when using grills.

Always supervise a barbecue grill when in use.

Make sure you have water and a fire extinguisher around to put out any unexpected fires.

Consider where your grill is located - wooden deck, etc.

If you use propane tanks, make sure the hoses are secure, and you take proper precautions when lighting the grill (same goes for natural gas starters).

Grilling can be a fun activity for families and friends. Make sure you practice these safe grilling tips so that you can relax and enjoy the good times and good food.

Originally posted at InjuryBoard by Jon Lewis

Fireworks Safety

Jon Lewis — Fri, 04 Jul 2008 16:34:47 GMT

This 4th of July, practice safety with respect to fireworks. The Red Cross has published the following safety tips with regards to fireworks:

• Never give fireworks to small children, and always follow the instructions on the packaging.
• Keep a supply of water close-by as a precaution.
• Make sure the person lighting fireworks always wears eye protection.
• Light only one firework at a time and never attempt to relight "a dud."
• Store fireworks in a cool, dry place away from children and pets.
• Never throw or point a firework toward people, animals, vehicles, structures or flammable materials.
• Stay at least 500 feet away from professional fireworks displays.
• Leave any area immediately where untrained amateurs are using fireworks.

Instead of lighting your own fireworks, consider attending a show sponsored by a local club or city. That way, you can enjoy the show without the risks. If you or your children will be handling fireworks this 4th of July, consider these safety precautions so that there aren't any injuries, and this will be a memorable holiday for the right reasons.

Originally posted at InjuryBoard by Jon Lewis

Alabama gives pharmaceutical companies 30 days to settle

Wendi Lewis — Thu, 03 Jul 2008 15:47:45 GMT

Alabama Attorney General Troy King has put 69 pharmaceutical companies accused of defrauding Alabama's Medicaid system on notice they have 30 days to settle or be brought to trial. The deadline was announced to the public this morning by Jere Beasley, founding shareholder of Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., headquartered in Montgomery, Ala.

Beasley Allen represents the State of Alabama in a series of cases against a total of 72 pharmaceutical companies. Three of the companies already have gone to trial, one in February and two in June, with juries in both trials finding in favor of the State, awarding a total of $329 million. There are 69 companies left facing charges of fraud. The State alleges the drug companies falsified pricing information, charging Medicaid much higher rates for drugs than they charged retailers, some by as much as 1,000 percent.

In addition to Alabama, 22 other states have filed lawsuits against the 72 pharmaceutical companies, alleging similar Medicaid fraud.

Representatives from AARP and Alabama Arise spoke out in favor of the State's action against the drug companies, saying the issue is a matter of life and death, because Medicaid fraud impacts the ability of agencies that rely on the system to effectively serve Alabama's elderly and low-income citizens.

A video of the full news conference is available for viewing online.

Originally posted at InjuryBoard by Wendi Lewis

FDA Links Botox to Adverse Reactions and Death

Tara Helms — Wed, 02 Jul 2008 11:34:07 GMT

Botox (Botulinum toxin) has become well known for its use for cosmetic purposes in smoothing wrinkles. Botox, however, has been linked to cases of serious adverse reactions, including death, according to the Food and Drug Administration ("FDA"). The FDA notified the public that Botox and Botox Cosmetic (Botulinum toxin Type A) and Myobloc (Botulinum toxin Type B) have been linked to respiratory failure and death, following treatment of a variety of conditions using a wide range of doses.

Botox (type A) is approved for treatment of conditions such as blepharospasm (spasm of the eyelids), cervical dystonia (severe neck muscle spasms), and excess sweating. Botox Cosmetic, also botulinum toxin Type A, is approved for temporary improvement in facial lines and wrinkles. Myobloc (type B) is approved for the treatment of adults with cervical dystonia. The safety and effectiveness of Myobloc for cervical dystonia in children have not been proven.

The most severe adverse reactions were found in children treated for spasticity in their limbs associated with cerebral palsy. The adverse reactions appear to be related to the spread of the toxin to areas away from the site of injection, and mimic symptoms of botulism. Symptoms of botulism may include difficulty swallowing, weakness and breathing problems. Some patients with difficulty swallowing have required feeding tubes. Also, some patients with breathing problems were unable to breath without the assistance of a ventilator. Serious outcomes included hospitalization and death.

Consumer rights groups have asked the FDA to add the strongest warning, a black box, to the products' label. These groups have also asked that patient-friendly medication guides be developed alerting patients to the earliest signs of an adverse reaction. However, the FDA has indicated that a black box warning is premature at this time.

Until the FDA has completed its review, the FDA has warned patients and healthcare providers to be alert to the potential for adverse reactions following the administration of Botox. The FDA also advises patients who have received Botox to receive immediate medical attention if they have unexpected difficulty swallowing or talking, trouble breathing, or muscle weakness. The FDA also asks patient to report adverse events to FDA's MedWatch reporting system.

Originally posted at InjuryBoard by Tara Helms