Arkansas Personal Injury Blog

Buckle Up, It's the Law... Or is it? What About Our School Buses?

Ryan Scott — Thu, 15 May 2008 11:40:06 GMT

For years we have all been inundated with slogans like, "Buckle up, It's the Law", and "Buckle up for Safety", even "Don't be a Dummy, Buckle Up". The reasons for these slogans are obvious-- using a seatbelt reduces the risk of serious injury or death in a car wreck. However, this reasoning is lost when it comes to our most precious cargo... our children.

Forty-seven states have laws requiring the use of seatbelts. Most even have stiffer penalties for not buckling up children in the vehicle. But, for reasons passing understanding, these laws do not apply to school buses. Eighty-five percent (85%) of our school buses do not have seat belts, despite the fact that engineers, physicians, and crash safety experts all agree that seat belts in vehicles save lives and minimize injuries. According to the American Automobile Association, "Restrained occupants are more likely to escape harm by spreading the force of impact and gradually stopping the body, safety belts effectively reduce the severity of injuries."

So why are do we not have seatbelts in our school buses? Opponents of laws requiring seatbelts in school buses point to the cost of implementing the law as the main reason. They say that it would cost millions of dollars and may save "only" one life and several serious injuries a year. Even if that were so (and many experts disagree, including the American Medical Association, Physicians for Automotive Safety, and many other reputable experts), is it not worth that one child's life, or those several seriously injured children's well being that seatbelts on school buses be required?

Every European Union country and Australia have required lap/shoulder belts in school buses for over a decade. Isn't it time we in America offer the same protection to our future?

Is The Federal Government Supporting Negligent Corporations?

Frank Bailey — Wed, 14 May 2008 17:58:16 GMT

The Bush administration's effort to limit consumer's access to courts and protect negligent corporations has reached new heights. It is rewriting the bureaucratic rulebook.

Jon Haber, AAJ's chief executive officer, says the agencies are engaging in "a brazen end run around Congress, the Constitution and the states in an effort to let negligent corporations off the hook and knowingly put consumers at risk."

Dennis Quaid and his wife will testify before congress about their suit against the maker of the blood-thinner heparin in Illinois state court. Their newborn twins were given massive doses of the blood thinner at a hospital. They have alleged the manufacturer was negligent in packaging different doses of heparin in similar vials with blue backgrounds.

The defendant, Baxter Healthcare Corp. is seeking to use the doctrine of preemption to shield it from any civil liability, claiming that once the FDA approved the labeling and packaging it is immune from civil suits.

Joan Claybrook says, "What the companies want is complete immunity and the regulators in the Bush administration are helping them."

We need to contact our Senators and Congress and put a stop to this practice NOW!

Tornado Bus Driver's Attorney Expected To Be Released From The Case

Drew Dixon — Wed, 14 May 2008 17:16:00 GMT

It has been a while since I have seen anything in the news about the Tornado Bus Driver that killed four near Forest City, Arkansas, on November 25th of last year. However, a resent article by the Associated Press said that Prosecuting Attorney Fletcher Long expected that the lawyer representing Felix Badillo Tapia, would make a request to be released from the case.

While I am unsure exactly why Tapia's attorney wants to be released, this recent decision will only delay the trial for a longer period of time. Another delay which is unfortunate for the families who lost their loved ones because they must continue to move forward without closure.

Another concern regarding the delay is the potential flight risk Tapia poses. Because Tapia remains free on a $50,000 bond, Long is concerned that the delay could make the bus driver a greater flight risk. Tapia is currently residing in Brownsville, Texas, which is just across the border from Matamoros, Mexico.

We will continue to follow this case as it progresses and update the blog as more information becomes available.

Cell Phones; Are Hands Free Safer?

Frank Bailey — Tue, 13 May 2008 17:21:31 GMT

Many studies show that talking on a cell phone while driving is as dangerous as driving drunk.even if the phone is a hands-free model. A study from researchers at the University of Utah, published in the summer 2006 issue of Human Factors, reached that same conclusion. An earlier study at that University found that motorists who talked on hands-free cell phones were 18% slower in braking and took 17% longer to regain the speed they lost when they braked. These are scary figures that could make the difference between life and death.

The National Highway Traffic Safety Administration in 2004 found that drivers using hand-free cell phones had to redial calls 40% of the time, compared with 18% for drivers using hand-held sets. The researchers suggested that hands-free sets may therefore provide drivers with a false sense of ease.

Another study conducted by the Virginia Tech Transportation Institute and the National Highway Traffic Safety Administration found that almost 80% of accidents involved some form of driver inattention within three seconds of the crash.

If this isn't enough to make you think twice about talking on a cell phone and driving, I don't know what will.

How Cell-Phones Cause Accidents

Frank Bailey — Tue, 13 May 2008 15:50:54 GMT

A survey of dangerous driver behavior was released in January 2007 by the Nationwide Mutual Insurance Co. The survey found that 73% of drivers talk on cell phones while driving. Although the survey only included 1200 drivers, I believe it is valid based on the people I see talking on phones in Arkansas. The study also found cell phone use was highest among young drivers. That certainly has been our experience.

In our practice we have found young drivers to be especially dangerous. Young drivers think it is cool to be talking on a cell phone and driving. Little do they realize that by doing so, they are just as impaired as a drunk driver.

In a separate study done by the Liberty Mutual Research Institute for Safety and Students Against Destructive Decisions the researchers found that 19% of motorists say they text message while driving. It is hard for me to believe someone can text message while driving. Is that possible?

We now know that motorists who use cell phones while driving are four times as likely to have an accident as motorists who are paying attention to the road.

States are beginning to wake up and pass bans on the use of cell phones while driving based on these studies. About 17 States have passed laws banning or restricting young drivers from using cell phones. California is the most recent.

If you have been injured in an accident, it may make a big difference to the amount of your recovery if the other driver was using a cell phone. Be sure and find out. A trial lawyer can help.

FDA Advisory Notices: Drugs Linked to Suicidal Thoughts

Sach Oliver — Mon, 12 May 2008 15:27:03 GMT

In just the past few months, the FDA has released several advisory notices to both doctors and the public about drugs linked to suicidal thoughts or actions, including Singulair, epilepsy drugs and the smoking-cessation drug Chantix. Reports have also been filed on antidepressants, the influenza drug Tamiflu and the acne medicine Accutane.

After concerns were first raised about possible links between antidepressants and suicide about four years ago, the FDA commissioned researcher Kelly Posner, the principal investigator at the Center for Suicide Risk Assessment at Columbia University in New York, to help determine any suicidal risk posed by medications. Her quantitative tools and questionnaires to assess suicide risk are being applied to drugs already on the market and those still in testing.

"We know that whether or not these drugs actually cause suicidal thought or action is a question we have to answer, but up until now, none of the clinical trials for the drugs were set up to address the question,'' says Posner. "Either way we have to get the right answers. It's critical to know about drugs that pose risk, but debunking false notions of risk is equally important to the public health.''

Finding a link can present other issues. This became evident when the FDA, based on a review of antidepressant clinical trials, found a slight increase in suicidal thinking among children and young adults taking antidepressants such as Paxil and Prozac. The rate in those taking antidepressants was 4 percent, twice the rate of those taking a placebo. The information was added to the label of antidepressants within the last few years, pushing many doctors to stop prescribing the drugs for many of their patients.

Laughren says the FDA hopes that by using Posner's methods, they may be able to find categories of people who might be at risk for suicide on a particular drug and more carefully determine who should stay clear of the drug and in whom it can safely be prescribed.

At least in theory, there are some possible explanations for why some of the drugs in question might be associated with suicidal thoughts or action, says Jason Noel, director of clinical pharmacy services at Rosewood Center in Owings Mills, Md., a residential facility for people with developmental disabilities. Singulair, for example, has a similar chemical pathway to steroids, which are drugs that can affect behavior and mood.

The FDA is conducting a safety review of Singulair, which is also used to treat asthma, that is expected to take about another eight months.

When Kate Miller of Queensbury, N.Y., filled a new allergy drug prescription for her 15-year-old son, Cody, last July, she hoped it would improve his bothersome allergy symptoms. Now, Miller is wondering whether a possible side effect of the drug, Singulair, caused Cody - who she describes as a happy, athletic teenager - to take his own life about a month later.

Last week, Kate Miller and her husband, David, met with FDA officials in the office of Congresswoman Kirsten Gillibrand (D-N.Y.), who is pushing to help find answers on Singulair and other drugs that have been linked to suicide.

Adding to the confusion of how to determine the possibility that a drug can cause suicidal thinking or action is the fact that suicide and suicidal thinking is, sadly, fairly common in the United States. Suicide is the fourth leading cause of death for adults between the ages of 18 and 65, according to the most recent data from the National Center for Health Statistics, accounting for about 26,500 deaths in that age group in 2005. For those ages 15 to 24, suicide is the third leading cause of death.

For all ages, suicide rates increased just under 1 percent between 2000 and 2005, but children and young adults ages 10 to 24 experienced an 8 percent increase between 2000 and 2004, following a decrease in the 15 years prior to 2000, according to the Centers for Disease Control and Prevention in Atlanta. Ileana Arias, head of the CDC's National Center for Injury Prevention and Control, says the agency doesn't have an explanation for the increase.

Bus Wreck Kills Singer/Songwriter

Sach Oliver — Mon, 12 May 2008 15:11:14 GMT

A tour-bus crash early Sunday killed gospel singer and songwriter Joyce "Dottie" Rambo when the vehicle ran off the highway and struck an embankment. Seven other people on the bus were injured in the wreck about two miles east of Mount Vernon on Interstate 44, the Missouri Highway Patrol said. They were hospitalized in Springfield with moderate to severe injuries.

It was unclear whether the crash was related to the severe storms and tornadoes that hit the region on Saturday.

Rambo, 74, of Nashville, Tenn., was on her way to a Mother's Day performance in Texas, according to her Web site. "She was a giant in the gospel music industry," said Beckie Simmons, Rambo's agent. "Dolly Parton recorded some of her songs."

Rambo was inducted into the Nashville Songwriters Hall of Fame last year and the Kentucky Music Hall of Fame in 2006.

New Rule to Prevent Unneeded Insurance For Elderly and Disabled

Drew Dixon — Mon, 12 May 2008 11:28:59 GMT

A new Federal Rule proposed last week would limit the contact private health insurance companies could have with Medicare beneficiaries. Under the proposed Rule, agents of private health insurance companies would be barred from cold-calling, door-to-door solicitations, and from setting up tables used for pitching their policies outside hospital waiting rooms and pharmacies.

The Rule is intended to make it harder for private health insurance companies to pressure Medicare beneficiaries into insurance policies that don't want or need. The underlying reason a Rule like this is required is because it is much harder for someone to say "NO" to the solicitor face-to-face resulting in undue influence or pressure which ultimately causes the person being solicited to make a decision they might not otherwise make.

Advocacy groups see the proposed Rule as a step in the right direction. However, they continue to want more asking the states to regulate the insurance companies that offer Medicare Advantage plans. Currently the states only regulate the activities of the agents selling the plans.

It is a shame that the Federal Government must step in and create a rule that would prevent this type of solicitation. In my opinion, if the Health Insurance Companies were truly worried about their beneficiaries and not just making more money, then they would provide opportunities for informed choices.

For more information check out the Center for Medicare and Medicaid Services at http://www.cms.hhs.gov/.

Cell Phones and Driving Don't Mis

Frank Bailey — Sat, 10 May 2008 17:18:32 GMT

Cell-phones are everywhere. It is common practice now for lawyers to ask about cell-phone use during an accident. Studies overwhelmingly show that talking on a cell-phone while driving increases the risk of having an accident multiple times.

When drivers use a cell-phone, they are taking their minds off the road and thinking about what is being said on the cell-phone. I wonder how many accidents are caused each year by an inattentive driver.

An attorney can easily access cell-phone records to determine if the driver of the vehicle that crossed the center line or pulled in front of oncoming traffic was talking on the cell-phone at the time of the wreck. Interrogatories and requests for production of the cell phone bill will show whether or not the driver was using the cell-phone at the time of the wreck.

If driving while intoxicated merits punitive damages, why shouldn't driving while impaired by using a cell-phone merit punitive damages? I think with all the studies showing how cell- phones impair drivers; this is an area of the law that we may see expanding in the next few years.

Arkansas Trial Lawyers Association Awards Sach Oliver Outstanding Young Lawyer

Drew Dixon — Sat, 10 May 2008 16:47:00 GMT

The Arkansas Trial Lawyers Association announced today that, Sach Oliver is the recipient of the organization's 2008 Outstanding Young Lawyer Award.

Each year ATLA recognizes a member of the ATLA Young Lawyers Division who demonstrates a high level of professional excellence, dedication and leadership. This year, Sach Oliver has demonstrated excellence in all the qualifying categories and most notably in the area of professional excellence.

"Sach has a history of leadership beginning with his service as president of the ASU Student Government during his undergraduate career where he also received the Wilson Award for Outstanding Service," stated John Patterson, Past President of ATLA.

In law school, Oliver was President of the Student Chapter of ATLA at the U of A School of Law and won the coveted "Best Oral Argument" award in the National Trial Competition sponsored by the American College of Trial Lawyers defeating students from the top 150 law schools throughout the country.

Upon receipt, Oliver noted, "I am honored to be recognized by such an outstanding organization, ATLA. It is a privilege to represent and protect the rights of our wonderful clients while holding wrongdoers accountable."

The Arkansas Trial Lawyers Association (ATLA), founded in 1963, is an affiliate of the American Association for Justice in Washington, D.C. ATLA was established in order to advance the administration of justice while upholding and improving the adversary system and preserving every citizen's access to trial by jury. Through continuing legal education programs and publications, ATLA serves its membership by providing training in all fields and phases of advocacy. The association is a volunteer organization with a statewide membership of approximately 1,000 lawyers from all 75 counties and several states.