Northeast NC Personal Injury Lawyer

Airbag Malfunction Slices Man's Ear in Half

Randy Appleton — Wed, 16 May 2012 15:37:07 GMT

We all know the dangers of riding in a car without a seat belt, or of driving a car that's not equipped with airbags. As a North Carolina car accident attorney, I know all too well how dangerous crashes can become when proper safety equipment is not installed or used correctly. But what happens when that safety equipment is used - but malfunctions? A new allegation about a air bag malfunction sheds light on just that.

Federal authorities have launched an investigation into the 2012 Hyundai Elantra after claims that a malfunctioning airbag sliced a man's ear in half. After improperly deploying during a traffic accident, the air bag cut through the driver's ear - narrowly missing his neck. The National Highway Traffic Safety Administration reports that photos from the wreck reveal a metal component protruding from the headliner above the driver's seat.

Safety features should protect drivers, not further endanger them. This man is lucky to have not been more severely injured. As the investigation continues, we'll see exactly how and why this air bag malfunctioned the way it did. At a time where an airbag was needed most, it not only failed to properly perform, it actually injured the driver further. This is unacceptable.

If you or a loved one has been injured in an accident because of a safety feature malfunctioning, consider consulting with one of our expert NC injury attorneys. We have the experience necessary to fight for you in the court room.

CD

About the Editors: The Shapiro, Lewis & Appleton personal injury law firm, which has offices in Virginia
(VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard
and Northeast North Carolina Injuryboard as pro bono services.

Originally posted at InjuryBoard by Randy Appleton

Nursing Homes Lack Disaster Plans, Putting Residents at Risk

Mark Favaloro — Wed, 18 Apr 2012 10:08:20 GMT

In light of the many natural disasters that have occurred in the last few months across the U.S., the Department of Health and Human Services has issued a timely report regarding the state of disaster plans for one of the nation’s most vulnerable groups – nursing home residents. Unfortunately, the news is not good.

Approximately 14,700 of the 16,000 nursing homes across the country have met the emergency planning requirements from the federal government. This number sounded promising until inspectors took a closer look at 24 facilities that had been struck by disasters, including at least one North Carolina nursing home. Investigators discovered inadequate emergency plans that did not cover patients’ special needs, how to track residents if they were forced to leave the nursing home, or how to handle the proper administration of medications in a crisis.

Almost all of the nursing homes, which most likely are understaffed to begin with, had no idea what they would do if their current staff was unable to get to work during a disaster. Those staff who did work through a disaster said they had a hard time tracking patients and medications, a problem that could be much worse if the nursing home was understaffed.

As a result of the investigation, the inspector general’s office is recommending that more specific information be required in nursing home disaster plans to avoid a catastrophe like the one witnessed during Hurricane Katrina, when 35 residents in a single nursing home were tragically killed. In the meantime, if you have a loved one who lives in a nursing home, ask the administrator to see their emergency plan and ask them what procedures are in place to keep the residents safe in a time of disaster.

About the Editors: The Shapiro, Lewis & Appleton personal injury law firm, which has offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard as pro bono services.

Originally posted at InjuryBoard by Mark Favaloro

Speed Trap Campaigns: Safety Initiatives or Revenue Generators?

Kevin Duffan — Wed, 18 Apr 2012 09:58:38 GMT

Consider these numbers from the Virginian-Pilot: During Easter Week 2012, police across the state of North Carolina (NC) issued 39,000 traffic and criminal citations. At least 13,500 of those were for “lead-footed drivers,” and another 3,000 were for seat belt violations. More specifically, 426 were for child passenger safety violations.

Seem like speed traps are maybe a quick and easy way for police forces to generate revenue under the guise of “traffic safety”? Well then consider this number, too:

In 2011 alone, there were 428 speed-related traffic fatalities on North Carolina (NC) roads.

Seem like maybe safety isn’t really a guise, but the main motivation? The truth probably lies somewhere in the middle. The revenue is certainly a boost for cash-strapped law enforcement offices, but the bottom line is that speeding is a serious highway safety issue and issuing citations to people who are actually in violation of the law is what law enforcement officers are supposed to be doing.

According to a press release from the Governor’s Highway Safety Program, the “No Need 2 Speed” campaign also resulted in 1,003 drug charges, the apprehension of 819 fugitives from justice, and the recovery of 51 stolen vehicles. Suffice it to say that law enforcement had a very productive week that not only made our roadways a little safer for Easter travel, but resulted in safer communities as well. (Check out the effect on your county here.)

Speed traps are always a bit controversial and ideally our law enforcement officers would be able to carry out their duties without the need for special weeks designated as “high enforcement” weeks. But they may just be a necessary evil of law enforcement, providing a window for officers to make serious impacts on our highways and in our communities.

Originally posted at InjuryBoard by Kevin Duffan

NHTSA Announces Campaign to Prevent Heatstroke Death in Cars

Jim Lewis — Sun, 15 Apr 2012 20:18:20 GMT

"Where's baby? Look before you lock," a new public safety awareness campaign asks. The National Highway Traffic Safety Administration announced that due to the unseasonably warm temperatures around the country, it would lauch its first national campaign to prevent heatstroke deaths for children left in cars.

Heatstroke is a surprisingly common cause of death for children under the age of 14. 33 fatalities were reported last year. In 2010, 49 deaths were caused by hyperthermia - also known as heatstroke. Many other children are injured each year because of heatstroke, suffering ailments like brain injury, blindness, and loss of hearing. Many heatstroke deaths and injuries are caused by children playing in an unlocked car unbeknownst to parents. Other accidents occur when a parent or caregiver accidenly forgets a sleeping baby in a rear-facing carseat in the back of a car.

As a NC injury attorney, it breaks my heart to hear the number of children killed each year by heatstroke. Never leave a child unattended in a vvehicle, even if the air conditioning is on or the windows are rolled down. Always double check your car before locking the doors and walking away. If you tend to be forgetful, do things that can serve as a reminder that a child is in the vehicle, such as placing a purse or briefcase in the back next to your child's car seat. Always teach kids that cars aren't play areas. And of course, keep carkeys out of reach.

If you see a child alone in a hot vehicle, immediately call 911.

Originally posted at InjuryBoard by Jim Lewis

The NFL: When a Game Becomes a Lawsuit

Kevin Duffan — Fri, 06 Apr 2012 14:35:57 GMT

Full disclosure: I’m a 49ers football fan.

So when I read this ESPN article about how former New Orleans Saints defensive coordinator Gregg Williams instructed his team to try to intentionally injure 49ers in a playoff game, I was a little more bothered than I should have been. But even setting aside my team allegiances, the article shows a very dark side to the NFL and a game that many of us love.

An audio recording of Williams speaking to his team on the eve of their game with the 49ers contains some very disturbing statements. Williams instructed his players to specifically target the San Francisco's quarterback, tight end and top two receivers. On multiple occasions, he told Saints defenders to aim for their opponents' heads and chins when tackling, even using such inflammatory language as “Kill the head and the body will die.”

The NFL is already in hot water over head injuries in football and whether the league is doing enough to protect players and warn them about the risks of concussions and head trauma. Head injuries can be very serious, as the other attorneys in my firm and I know all too well. Multiple retired players have brought lawsuits against the NFL for health issues and disabilities that they now face. Williams’ recorded statements certainly don’t help the league's image, and they raise questions about the role coaches play in raising the stakes of the game.

There is a counterpoint to this argument, of course, and it's one that I've heard many times. Admittedly, I've never been in a college or pro football locker room, but many of those who have say this type of Saturday evening speech is pretty typical. Also, there is little evidence that Saints players actually delivered an inordinate number of illegal hits. So the argument that Williams and the team are being punished for words and not actions also makes some sense. The issue, in my opinion, is that Williams appeas to have advocated and encouraged violence itself rather than hard play. That crosses a line.

No doubt, professional football is a violent game. Most fans want it to be. The hit I remember the most during the Saints-49ers playoff game was delivered to Saints running back Pierre Thomas as he approached the goal line. The collision with San Francisco safety Donte Whitner was particularly hard. But it was legal under current rules and caused Thomas to fumble the football.

The 49ers recovered the ball, and Thomas never came back in the game. As a Niners fan, I was cheering along with everyone else. I am not advocating tag or flag football league here, but let's hope that statements like the ones Willims made during his locker room speech don't end up causing serious and unnecessary injuries and destroy a game so many love.

Originally posted at InjuryBoard by Kevin Duffan

Chapel Hill, NC Becomes First U.S. City to Ban All Cell Phone Use by Drivers

Jim Lewis — Sun, 01 Apr 2012 13:09:55 GMT

It wasn't easy, and residents' reactions are mixed , at best. But starting June 1, 2012, anyone driving within the city limits of Chapel Hill, North Carolina (NC), risks a $25 fine if police spot him or her talking on a cell phone. The cell phone ban extends to hands-free electronic communication devices, as well as headsets and handheld phones.

Drivers caught using phones in their vehicles can only avoid being ticketed if they can prove they were experiencing an emergency or speaking with a parent, child or spouse. North Carolina state law already prohibits teens younger than 18 from using cell phones to talk while driving, and texting behind the wheel is banned in the Tar Heel State regardless of age.

A city council member explained to WRAL-TV that she and a slim majority of her elected colleagues enacted the new local ordinance to protect all drivers, passengers, bike riders and pedestrians. Indeed, study after study has shown that people who use cell phones, smartphones and electronic devices such as GPS systems behind the wheel are as much as 40 percent more likely to cause or be involved in traffic accidents than are drivers who are not distracted.

The National Transportation Safety Board has urged all states and localities to adopt cell phone bans for drivers. For as much time as my North Carolina personal injury attorney colleagues and I spend in our cars going to meet with our clients, get to hearings and depositions, and run errands for our families, we also support the action of the Chapel Hill lawmakers. Simply put, we see too many instances of people being severely injured or killed by drivers who allowed their eyes and minds to wander from the road because they were using phones and other electronic devices.

While Chapel is the first city to try eliminating practically all cell phone use by drivers, I hope it will not be the last.

EJL

Originally posted at InjuryBoard by Jim Lewis

Charlotte, NC Area Pedestrian Accidents Highlight Crosswalk Safety Issues

Randy Appleton — Wed, 28 Mar 2012 14:21:30 GMT

Three North Carolina teens have been hit while crossing streets near their Charlotte-Mecklenburg schools in a two-week period. On March 13, 2012, a Garinger High School teen was struck while crossing Eastway Drive. She tragically died from her injuries the next morning. That same day, a West Charlotte High School student suffered serious injuries when a car ran into her. The next week, a 15-year-old was hit on Matthews-Mint Hill Road while walking home from Butler High School.

The common factors in each pedestrian accidents is that each victim failed to use a crosswalk. What can North Carolina residents do to keep such accidents?

First, parents and teachers need to stress to children of all ages the importance of using designated crosswalks and crossing only when they have a green light or walk signal. Drivers are most likely to watch for pedestrians at crosswalks and the corners of intersections.

Kids also need to be reminded to pay attention to traffic when crossing streets. Being distracted by cellphones or MP3 players can put them in danger. Last, when possible, children and teenagers should stick to less-traveled roads and intersections controlled by traffic lights.

As a driver, if you are near a school and it is at the beginning or end of a school day, pay extra attention while driving and look for kids who may be crossing the street, even if there isn’t a crosswalk. Regardless of whether they are crossing legally or not, it would be horrible to cause a car accident that resulted in injury or death to anyone.

If you feel a particular road is hazardous for pedestrians and there is a large volume of people trying to cross where a crosswalk doesn’t exist, talk to your local government official or police department about having a traffic study done. While these recent accidents have most likely prompted investigations into these three locations, taking a proactive approach may lead to changes being made that make other North Carolina roads safer for teens and all other pedestrians before another person is injured or killed.

Originally posted at InjuryBoard by Randy Appleton

Bayer Settles Dozens of Yaz, Yasmin Blood Clot Cases

Emily Mapp Brannon — Mon, 26 Mar 2012 16:14:59 GMT

Bayer Healthcare is facing thousands of lawsuits from women who developed life-threatening blood clots after taking oral contraceptives sold under the brand nmes Yaz and Yasmin and generic equivalents containing combinations of the hormones ethinyl estradiol and drosperinone. In early March 2012, the pharmaceutcal manufacturer agreed to settle approximately 70 of those civil cases without admitting liability.

As a dangerous drug attorney whose firm has been following this issue closely for any years, I believe agreeing to compensate women harmed by the birth control pills is a step in the right direction.

When your physician prescribes a medication, you trust it will not harm you. Unfortunately that has not been the case for too many women takig Yaz and Yasmin to prevent pregancy or treat symptoms of conditions such as acne and premenstrual dysphoric disorder. I believe Bayer has a long way to go to adequately rectify that.

If you or a loved one has been taking Yaz, Yasmin or any other prescribed oral contraceptive pill that may have caused you harm, you should consult an experienced North Carolina product liability lawyer to get answers to your questions about your legal options. Also, to get more information on the dangers of new-generation birth control pills, read this free report.

Originally posted at InjuryBoard by Emily Mapp Brannon

Running Off Road Then Overcorrecting a Common Accident Cause for Teen Drivers

Emily Mapp Brannon — Thu, 15 Mar 2012 20:41:19 GMT

Separate car accidents in rural western Virginia (VA) in January and February 2012 that claimed the lives of three teenagers are being attributed to young drivers who ran off the road accidently then overcorrected in a attempt to return all wheels to the pavement. Too often, overcorrecting forces drivers into the path of oncoming vehicles or propels them off the other side of the road.

Figures from the Virginia Department of Motor Vehicles cited in WSLS-TV 10 reports indicate 244 traffic accidents during 2011 involved teenage drivers who made overcorrections after somehow losing control of their vehicles. That total was up slightly from 235 in 2010. Overcorrection frequently occurs when drivers are distracted or speeding, and inexperienced drivers often make rushed, incorrect decisions.

As a car accident attorney, I’ve seen young, inexperienced drivers endanger themselves and others because of distractions including texting, calling and horsing around with passengers. Parents should talk with their teenagers about the risks of distractions behind the wheel and encourage kids to turn down their music, put the cell phone away, and always keep two hands on the steering wheel. Also, continue giving teens behind-the-wheel instruction even after they receive their licenses. The more experience teen drivers get, the better.

Originally posted at InjuryBoard by Emily Mapp Brannon

Man Awarded $200 Million in the Nursing Home Death of His Mother

Mark Favaloro — Tue, 13 Mar 2012 20:25:44 GMT

In the fall of 2004, a 92-year-old nursing home resident pushed herself in her wheelchair through a door leading to a stairwell. She fell in the wheelchair down the flight of stairs and laid there for about an hour before she was found. She died from her injuries. It appears the victim was alive for a time after her fall and may have been saved if someone had found her sooner.

In 2005, her son filed a lawsuit on her behalf, which fially reached conclusion in early 2012 with a default judgment against the company that owned and operated the Pinellas Park Care and Rehab Center in northern Flrida (FL). Several factors appear to have caused both the injuries that led to her death and the jury’s decision to award such a large amount.

During the woman's stay at the nursing home, aides say the resident was known for trying to get outdoors because she enjoyed gardening. Unfortunately, this knowledge did not keep aides from turning off alarms that would alert someone to her wanderings. Four former staffers testified at trial that the room alarms were taken offline because the facility was sevrely understaffed.

Other alarms that were frequently disabled were the ones attached to the emergency stairwell doors. Aides who did not wish to wait for a slow elevator or wanted a smoke break often used the stairwells, so they disabled the alarms to avoid setting them off. If these alarms had not been disarmed, one of them may have saved the victim’s life by either preventing her fall, or at least alerting someone that she had fallen and required assistance.

The nursing home aides also suggested the woman had been sexually assaulted before her fall.

The award represents $60 million for compensatory damages and $140 for punitive damages – and was actually less than the $300 million sought by the victim’s estate. The compensatory damages are awarded to compensate for lost income, medical and funeral expenses and physical and emotional distress. Punitive damages are awarded to the plaintiff to punish the defendants in the hopes that they will not act in a similar manner in the future.

Whether victim’s estate will receive any of the $200 million awarded remains to be seen. But the verdict highlights several areas of growing concern for those who have loved ones residing in nursing homes:

Often chronic understaffing, especially on weekends and holidays.
Lack of interest in residents's well-being and burn-out of staffers.
Slow or inadequate response to residents' injuries.

Originally posted at InjuryBoard by Mark Favaloro