South Carolina Personal Injury Blog

Doctors: Lawsuits are a "vital deterrent".

Raymond Mullman Jr — Mon, 18 Aug 2008 16:15:47 GMT

CNBC has an interesting story about how doctors believe lawsuits serve as a "vital deterrent" to protect consumers from unsafe drugs. Lawsuits protect consumers if drug companies do not disclose risks to the U.S. Food and Drug Administration before it approves medicines for use, the editors of the New England Journal of Medicine said in a friend-of-the-court brief to the Supreme Court. The FDA "is in no position" to guarantee drug safety, the brief said.

Although the FDA is considered by many "the gold standard" in drug evaluation, the journal editors urged the justices to be skeptical.

"The FDA alone simply lacks the ability to serve as the sole guarantor of drug safety," the doctors said in a brief filed Thursday. Without the discoveries dredged up by plaintiffs' lawyers through liability litigation, "the FDA would be stripped of an essential source of information that the agency has consistently relied on when making its regulatory decisions, and the American public would be deprived of a vital deterrent against pharmaceutical company misconduct."

The medical editors joined 47 state attorneys general and two former FDA commissioners, David Kestrel and Donald Kennedy, in supporting Levine's position. Kestrel served in the administrations of former President Bill Clinton, a Democrat, and Republican President George H.W. Bush. Kennedy served in Democratic President Jimmy Carter's administration.

The case is being closely watched because the Supreme Court ruled this year that manufacturers of FDA-approved medical devices were shielded from litigation in state courts.

However, David Vladeck, a lawyer representing Kessler and Kennedy, said the statute that applies to medical devices is different from the law that governs medications.

"The law in the (devices) case had a pre-emption provision," said Vladeck. "Congress has never put a pre-emption provision in the Food and Drug Act."

The Bush administration is supporting Wyeth's position.

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It is ridiculous that drug manufacturers get immunity for dangerous medications when they refuse to disclose all the test results or when they knew of damgerous side effects but did not disclose it to the FDA. The FDA rubber stamps most medications and does not do a thorough job of making sure medications are safe for use.

Originally posted at InjuryBoard by Raymond Mullman Jr

Wrongful Death Suit Filed against a Customer of a Houston Chili's

Will Parker — Tue, 12 Aug 2008 10:41:46 GMT

Luis Monroy, a native of El Salvador, was working two fulltime jobs by age 15 and never received a high school diploma as his work schedule prevented this. Though this limited his abilities of success here in the States, this motivated individual would never take no for an answer. This motivated him to move from dishwasher to night manager at a Houston Chili's. After years of hard work and dedication his dream came true. Monroy started making enough money to support and buy a home for his family.

However, last Thursday night this was all about to change. Hare, a bar guest at the restaurant started making unwanted comments and gestures to a 17 year old waitress when Monroy asked the man to leave. The man agreed and left the store. Shortly after, Monroy had been walking the frightened worker out to her car when out of no where Monroy was gunned down.

This hard working mans dreams and goals where ended simply because he was trying to protect an employee of his. Monroy was working hard to help his family and do whatever it took, and this was all ended when a drunk guest took his "request to leave" too personal.

Having worked in restaurants in the past, the events occurring here are very realistic and could happen to any one. The "disgruntled bar guest" and my managers have often disagreed with each other, either due to the guest drinking to much or them making unwanted comments to guests. Fortunately none of the events have ended this way but it makes me think how careful one must be when working within the restaurant business.

Originally posted at InjuryBoard by Will Parker

Courts Affirm Wrongful Death Lawsuit Against DaimlerChrysler: $13 Million Awarded

Will Parker — Tue, 12 Aug 2008 10:37:28 GMT

The Tennessee Supreme Court recently affirmed the court's decision to award a couple $13 million in punitive damages after filing a wrongful-death lawsuit against the former Daimler-Chrysler Auto Group. The lawsuit was brought to court after their 8-month-old was riding in the backseat of their 1998 Dodge Caravan when their vehicle was rear-ended, causing the front passenger seat to collapse and the passenger to strike him, fracturing his skull. This wrongful death lawsuit was settled with a 3-2 ruling after the court stated the automaker acted recklessly and the defective seat construction in the Dodge Caravan was to blame for the boy's death.

Originally posted at InjuryBoard by Will Parker

My Friend's Motorcycle Accident - An Insurance Company's Hospital Bedside Offer

Will Parker — Thu, 31 Jul 2008 09:04:00 GMT

A friend of mine has a brother who was recently in a motorcycle accident. To maintain anonymity, I will not refer to this gentleman's name. He is a 25 year old military officer. He has a pregnant wife and an infant child. He was taking a quarter of a mile trip across the street to a convenience store early one morning. Suddenly a 19 year old driver of a work van, who failed field sobriety testing (at 8 am), ran a red light and struck his motorcycle. My friend's brother suffered a broken fibia, broken tibia, a broken hip, six broken ribs, severe road rash and swelling to the brain.

At the scene, the 19 year old allegedly did not even offer to help my friend's brother and appeared more concerned about the van and the possibility he may be fired because of the accident. Following his first surgery, my friend's brother was called by the 19 year old's insurance company literally a dozen times within two days. They ultimately visited him at his hospital bedside (while he was on morphine) with paperwork. The offer for settlement - $3200! His projected medical bills - $150,000. His ability to walk, run, exercise - severely and permanently impaired. His future military career - compromised. His time in the hospital - 3 weeks. His time doing physical therapy and his out of work - 6 months. His scarring - permanent. His pain and suffering - ???... $3,200. Gimme a break.

I just want to demonstrate two points:

First, the importance of attaining legal advice. This gentleman, due to adequate insurance coverage and the factual scenario I have set forth, can likely recover over well $750,000. I honestly do not even believe that amount is enough considering his future prognosis.

Second - I believe this example demonstrates how evil and underhanded insurance companies can be.

Originally posted at InjuryBoard by Will Parker

Veterans Affairs Department states "Suicide hot line received 22,000 calls from struggling post-traumatic stressed veterans.

Will Parker — Tue, 29 Jul 2008 11:29:23 GMT

Recently, the Veterans Affair Department (VA) and the Substance Abuse and Mental Health Services Administration teamed up to launch a suicide hotline for individuals suffering from post- traumatic stress disorder. This service was launched after years of criticism surrounding the VA's treatment of wounded soldiers returning from Iraq and Afghanistan. Additionally, two veterans groups sued the VA in April, citing long delays for processing of applications and other problems in treatment for veterans at risk for suicide.

The department has spent $2.9 million on the hot line thus far, receiving calls from over 22,000 veterans seeking the assistance of the team's 40 highly trained prevention counselors, one-third of which are veterans themselves. "I think there's a comfort in knowing they can get some help from people who do understand what combat stress is like," states Janet Kemp, national suicide prevention coordinator for the Veterans Affairs Department. She said the hot line was put in place specifically for those veterans who don't get enough help until it is too late. "They have indicated to us that they are in extreme danger, either they have guns in their hand or they're standing on a bridge, or they've already swallowed pills." She also stated that since its creation 1,221 suicides have been averted."

According to a recent RAND Corp. study, roughly one in five soldiers returning from Iraq and Afghanistan will display symptoms of post-traumatic stress disorder, putting the veterans at a higher risk for suicide attempts. Researchers at Portland State University have also found that male veterans are twice as likely to commit suicide as non-military males.

Kemp said the hot line is in place to help prevent such deaths associated with the disorder. "We just want them to know there are other options and people do care about them, and we can help them make a difference in their lives," stated in a recent interview.

The VA is now preparing for the eventual return of a large number of troops from Iraq and Afghanistan. The increase in veterans could put added stress on the mental health screening program which could lead to a rise in undiagnosed mental health issues however; the VA recently received enough money to double its suicide prevention staff and is planning to hire an additional 212 counselors soon.

If you or someone you know is in the need of assistance please call The National Suicide Prevention Lifeline immediately. Help is available 24 hours a day by calling 800-273-TALK (8255).

Originally posted at InjuryBoard by Will Parker

Olive Garden Parent Company Settles Possible Class-Action Wage Lawsuit

Will Parker — Wed, 23 Jul 2008 12:10:39 GMT

The Orlando Sentinel reports Olive Garden and Red Lobster restaurant chains' parent company, Darden Restaurants, agreed to pay $700,000 to settle a possible class-action lawsuit over its wage practices. In the lawsuit, Olive Garden allegedly failed to pay servers minimum shift payments as well as the legal minimum wage. Darden Restaurants previously paid $4 million to settle the same type of claims by employees at California Red Lobster and Olive Garden locations. - Staff, Orlando Sentinel.

Originally posted at InjuryBoard by Will Parker

No Help for Injured and Disabled Veterans - Unfortunately it is Left Up to Congress (a Blog for My Grandfather)

Will Parker — Sat, 28 Jun 2008 21:08:22 GMT

The San Franscico Chronicle recently reported Dictrict Court Judge Samuel Conti dismissed a lawsuit filed on behalf of injured and disabled veterans who sought better access to both medical benefits and mental health treatment. The Judge, who is powerless as this issue is one for Congress to decide, did make a point to state that the plaintiffs had clearly shown evidence of shortcomings in the department's care of veterans.

However, as I mentioned, the power to enact changes within the VA rests with Congress. As an attorney, I understand and appreciate the Judge's ruling. Courts do not and can not make laws, only interpret them.

The problem I have with our veteran's healthcare and disability benefits being left in the hands of Congress is that odds are Congress will do nothing. No matter what you think of filmmaker Michael Moore, several points he has made in his movies (I don't think he is always accurate but these are points I believe to be true) do not give me any reason to be optimistic...

In "Farenheight 911," Michael Moore states that at the time the film was produced, only one member of Congress had a child who had served in wartime.

In "Sicko" he documented the outstanding healthcare received by detainees, many who are alleged terrorists, in Guantanamo Bay, Cuba (healthcare approved by Congress). In contrast, he revealed that Congress would not pass laws to provide healthcare to the brave citizens who assisted at Ground Zero and now suffer from disabling breathing problems. Their remedy is to attempt to obtain Social Security benefits. As this is a primary practice area in our law firm, I can tell you that the benefits they seek will likely take two or three years, if they ever receive them. Meanwhile, the alleged terrorists who may have had a part in 9/11 are being provided exceptional healthcare...paid for by our tax dollars!

It is sad that Congress is the only chance our nation's veterans have when its' members don't have immediate family who are veterans. (likely because the military's advertising is directed to poor minorities and other underpriveleged but I will save that for another blog). Back to Congress...these are the same elected officials pass laws to provide billions of dollars in funding to the pointless war we are now stuck in. Think about it for a moment... they will fund the wars our soldiers risk and often lose their lives in but will not pass laws to fund appropriate care and benefits for those who are fortunate enough to return alive. The same elected body has passed laws ensuring appropriate healthcare to alleged terrorists, but refuse to come to an agreement to provide healthcare to the people who voted them into office in the first place, including the ones who assisted in saving fellow American lives at Ground Zero.

As I have been writing this blog, I have thought about my grandfather. He was a highly decorated WWII veteran. His war efforts began on the beaches of Normandy and ended three years and seven countries later. He received a Purple Heart among nearly a dozen other medals of honor and accomplishment. I have always been told he came home an entirely different person. He underwent thirty-one electric shock treatments and suffered from PTSD his entire life. He never even mentioned the war to me. The sad thing is that it took nearly thirty years for him to receive disability benefits. He died two years later, a shell of the young man who left to fight for our country.

What happened to him never seemed right to me. We all want to change the world. The best I can do is fight for social security and veterans benefits for the disabled. I never want to be a politician.

I can only hope that we, as a nation, begin voting the right candidates into office. The decisions we make in November can change our world. If you are concerned about our nation's healthcare crisis and want to see our veterans receive appropriate medical care and disability benefits, please vote for Obama. I never intended this blog to be as political in nature as it has turned out, but I thought of my grandfather and how truly worried I am about our nation right now...particularly the welfare of those who have fought to retain our freedoms, including my right to compose this blog.

Originally posted at InjuryBoard by Will Parker

Bicycle Accidents and Injuries in Myrtle Beach South Carolina...Advice to Summer Workers from Russia

Will Parker — Thu, 26 Jun 2008 23:35:49 GMT

I work in a central location right in the heart of Myrtle Beach. Outside my window, I see literally dozens of bicyclists each day. During the summer it is a very popular means of transportation, particularly for citizens of other countries who work here for the summer on work visas. I know several of them and found many are from Russia, along with dozens of other countries, I am sure. The sad thing is I almost see an accident occur everyday, as well. I truly recommend anyone in the area who is unfamiliar with the local laws and ordinances dealing with bikes to contact our local DMV. It is on 21st Avenue North in Myrtle Beach and they have pamphlets printed in numerous languages (I know they have Spanish and Russian versions). No matter what, just be careful and if you are injured seek medical attention! I have had several citizens of other countries who have not understood they will be taken care of at the local ER. I promise you, despite the poor state of healthcare in the U.S. as a whole, you will not be turned away if you need medical attention in this area.

Originally posted at InjuryBoard by Will Parker

E. Coli Outbreak Reported in Michigan, Ohio

Courtney Mills — Wed, 25 Jun 2008 10:02:26 GMT

A spokesman for the Ohio Department of Health alerted the public to the existence of a multi-state outbreak of E-Coli bacteria, evidently involving raw ground beef from Kroger Food Stores, the largest grocery chain in the U.S. Cases of the same strain of the bacteria were discovered in both Ohio and Michigan.

According to media reports, the spokesman for Ohio's Department of Health reported that CDC testing of samples of ground beef culled from Kroger processing centers in Ohio and Michigan revealed the same strain of E. coli present throughout. E. coli is a noxious food contagion that causes cramping, vomiting, and diarrhea, and can be fatal in immunospressed populations. Fifteen cases of food-poisoning through E. coli were discovered in Michigan, and two were reported in Ohio. These cases are all related to the same strain of E. coli, E. Coli 0157:H7.

According to the Centers for Disease Control and Prevention (CDC), this strain of E. coli is one of the most toxic. Ten have been hospitalized from this latest outbreak.

Originally posted at InjuryBoard by Courtney Mills

Workers Compensation - Hispanic Workers in South Carolina Suffer from Highest Death Rate in Unites States

Will Parker — Fri, 06 Jun 2008 13:35:33 GMT

How much does it costs to print safety instructions in two languages...and what are some of the consequences of not doing so. Think about that when reading the following:

My home state, South Carolina, had the nation's highest on-the-job death rate for Hispanic workers between 2003 and 2006, but the number of work-related fatalities for the fastest growing segment of the population has declined nationally.

The Centers for Disease Control and Prevention released the findings Thursday in a reportrelatedtowork-related injury deaths for Hispanics in America.

During the timeperiod cobvered,51 Hispanic workers died on the job in South Carolina, a rate of 22.8 per 100,000 workers, the CDC reported using Bureau of Labor Statistics data. The numberdoubled that of Oklahoma, which had the second highest rate in the United States.

Fallscontributedto the most injuries.Sixty-three percent of the deaths were in the construction industry. The cause is not known.

"A reasonable explanation is new immigrants are moving to work in construction, which has a higher risk," said Sherry Brown of the National Institute for Occupational Safety and Health's Occupational Health Disparities Program.

The same study found that 88 percent of the Hispanics who died while at work in South Carolina were foreign-born.

Hispanic leaders believe that improving communication by educating workers and printing instructions and safety warnings in both Spanish and English could help reduce the number of injuries and deaths.

"The message has to be more clear and direct," said Luisa Moreno, executive director of the Hispanic Contractors Association of the Carolinas, based in Charlotte, N.C. The association has regular safety fairs that aim to teach workers how to stay safe on the job site, she said.

Nationally, on-the-job deaths of foreign-born workers have been increasing, and overall Hispanic death rates are consistently higher than those of white and black workers.

For five consecutive years, South Carolina has recorded the fastest growing Hispanic population in the nation.

Hispanics currently make up about 3 percent of the state's labor force, according to the Census Bureau.

The S.C. Department of Labor, Licensing and Regulation created a Spanish job safety training program for the construction and landscaping industries in 2005, said Jim Knight, a department spokesman.

"Since that time, we've seen the death rate among Hispanics steadily decline," Knight said.

The number of workers dying at S.C. work sites has dropped to 10 in 2006 from 18 in 2003, according to the Bureau of Labor Statistics.

Originally posted at InjuryBoard by Will Parker