Atlanta, Georgia Personal Injury Lawyer
This morning the Atlanta Journal-Constitution reported that a Lincoln Navigator slammed into 60-year-old George Michael Bryant’s house on Saturday night as Bryant watched television with his wife, daughter, and two grandchildren.
Bryant, who was a retired Vietnam War veteran, was killed by the crash. His wife Joyce is expected to be released from the Atlanta Medical Center today, and his 9-year-old granddaughter Aylisha Walters is recovering at Cihldren’s Healthcare of Atlanta. The granddaughter is in fair condition.
Bryant’s daughter and 13-year-old grandson were treated at a local hospital and released.
The driver of the SUV, according to police, was William Steward, 47, of Douglas County. Steward was taken to Grady Hospital. His current condition has not been released.
“I’m hoping he’s going to get what he deserves,” said Bryant’s nephew Jeremy Bryant.
The Navigator SUV was traveling at a high rate of speed, and it knocked down mailboxes and bushes and hit a parked car before crashing into the one-story home off Berea Road.
“I’ve been a coroner for 27 years, and I’ve never seen nothing like this,” said Douglas County coroner Randy Daniel. “Never. Never.”
Douglas County spokesman Wes Tallon reported that the SUV almost went all the way to the back wall of the house, and he said, “We have no idea why this happened.”
Joyce Bryant said that she heard a boom and the lights went out. The next thing she knew, she was pinned up under the SUV and could feel the heat of the engine. It’s thought that George Bryant received the full impact of the crash.
Neighbor Mark Miller said that people often drive too fast through the neighborhood. The speed limit is 35 miles per hour.
“People just fly down this road,” said Miller. “There’s a curve right before you get to the corner. They’ll come around the curve and lose control.”
“It looks like a bus hit it,” Miller said of his neighbor’s house.
The fire department put a tarp over the whole in the Bryant home, and the family is currently staying in a hotel.
The driver’s blood will be tested for alcohol, and he could face a charge of vehicular homicide, according to Lt. Paul Cosper.
“They’ll collect all the evidence and then make the appropriate charge,” said Cosper.
Bryant was a combat veteran of the Vietnam War who was on disability. He loved to hunt and fish.
“He was just a good family guy,” said his nephew Jeremy Bryant. “That’s mostly what he did, just be around his family and his grandkids.”
It’s sad to think that a family is not safe from dangerous drivers even when they’re sitting in their own living room.
If you’ve been injured in an auto accident, you may be entitled to compensation. Call MLN Law at 404-531-9700 to schedule a free consultation with an experienced attorney.
UPDATE: Steward, the driver, has been charged with vehicular homicide, driving under the influence, failure to maintain lane, and two counts of serious injury by reckless driving. He is currently being held at the Douglas County Jail.
Labels: auto accident
The law stems from a federal law passed in 2006 that requires states to track the email addresses of sex offenders. Georgia would be one of the first states to take the law even further and require intense monitoring of sex offender’s online activities. Proponents of the law say that such monitoring would keep sexual predators, who are well known for using the internet to facilitate their crimes, from striking again. But opponents say that the law impinges on the fundamental right to free speech.
The case is currently under consideration by U.S. District Judge Bill Duffey. Duffey heard arguments from both sides. The complainant was convicted sex offender Terrence White, whose attorney argued that the new law would infringe his constitutional rights. According to Duffey, he did not rule on the case immediately because the case dealt with “a fundamental issue of our culture.”
"Children do have to be protected, but that also has to be balanced with constitutional protections," said Duffey to the Atlanta Journal Constitution. "And I never take those lightly."
The complainant, White, was convicted in 1986 of enticing a child for indecent purposes. His attorney, Nicole Innarone, has contended that the new law is written so broadly that it would allow officials access to information such as online banking passwords and retail account information. The wording of the law allows officials to access to anything termed an “online interactive forum.”
"The statute is over-broad, and it doesn't have anything to do with the mission of protecting children,” Innarone told the AJC.
White may get his wish. There is a precedent, and it does not favor the new law. Back in September, courts in Utah struck down a similar law on the grounds that it violated the privacy rights of the offender who challenged it. According to the AJC, lawmakers in Utah last week amended their sex offender registry, and now law enforcement can only use sex offender’s online information to investigate other sex crimes.
The state’s attorney, Paige Boorman, has argued that the information is merely “tools for law enforcement,” and will help them use the internet to investigate and prevent sex crimes.
During the proceedings, Duffey focused on the fine line the law walks between public safety and freedom of speech.
What do you think? Should Georgia sex offenders have to hand over their online passwords and other information? Or does freedom of speech apply even to those convicted of heinous crimes, as long as they have done their time? The case can go either way. Stay tuned to find out how Judge Duffey decides.
Labels: child sexual abuse, sex offenders
The first story comes from Bald Head Island, North Carolina. A teen buried in the sand at the beach nearly drowned when the tide came in. Apparently friends of the teen, 16, who hailed from New Jersey, had buried him and then left him there, below the tide line. By standers worked to free the teen, digging with shovels, or to save him from the encroaching water, via makeshift sand walls, until public safety officials could rescue him. One bystander even found a snorkel for the boy to wear so that he could breathe as the water closed over him.
“He almost died,” said Chief Chip Munna of the Village of Bald Head Island Department of Public Safety. “He was buried so much they thought they were going to break his legs,” Munna said.
The boy was terrified after the ordeal, but essentially unharmed. Though, Munna said, the snorkel saved his life. Also, bystanders did not call 911 until about 20 minutes after trying to dig him out. Munna warned that wet sand causes suction, and nobody should ever be buried in the sand below the beach’s tide line.
The dangers of something that seems like innocent fun – burying people in the sand – aren’t always apparent. Be safe out there on those Labor Day weekend vacations.
Closer to home, in Paulding County, Georgia, two nine-year-old boys were struck by a car when they attempted to run across Georgia Highway 61. No charges were filed against the driver of the car, who according to Georgia State Patrol Lt. Paul Cosper, “did nothing wrong.” Cosper said both the boys were merely “banged up” and both were transferred to the hospital for evaluation.
There was no word from the Georgia State Patrol about why the boys were attempting to cross a highway. Always instruct young children to look both ways when crossing and never attempt to cross a street unsupervised until you give them permission.
The preceding two accidents could have been a lot worse. Sadly, one Hall County teen was not so lucky. A sixteen-year-old Gainesville girl died from injuries she received in a four car crash last week. Alesha Mote was one of seven people injured when a truck crossed the yellow line on Browns Bridge Road and struck a Ford Escort.
No charges have yet been filed against Jason Greer, 33, the driver of the truck, but according to police when he struck the Escort, his truck then rolled over, hitting a minivan. Debris from that crash hit another car, injuring its 18-year-old driver.
Mote and her parents were passengers in the Escort. Her parents were also injured in the accident.
Sadly, I read about cases just like these every week, and see more of them in my practice. Parents, take care of your teens and young children this weekend like their lives depend on it.
According to Fisher, when it comes to internet usage, safety always comes first, and parents should be hyperaware of what their elementary school age children are up to online. While it took me awhile to learn the ins and outs of the internet, my children will learn how to use it almost as soon as they are old enough to go to school. There’s always a danger involved when children know more than their parents, so parents must be vigilant about educating themselves about the perils and dangers of the internet. We all worry about our children being exposed to sexual predators, but children can also open themselves up to identity theft or other crimes.
Said Fisher, most of the parents he sees come through his shop have no idea what their children are looking at on the internet. Topics he mentioned included “pornography, illicit music, drugs, gang violence and all sorts of things to induce insomnia in a parent.”
Fisher recommended monitoring software such as the popular NetNanny for any parent who felt they did not have control over their child’s internet usage habits.
But, he said, as children grew into teenagers, he recommended parents “let the leash out slowly” and feed kids “bite-sized chunks of responsibility as they mature.” Still, he offered a few useful tips for parents to monitor internet usage, even by teenagers:
1.) Always keep the computer in a highly visible, centrally located place in the home. Children are less likely to look at things they know they shouldn’t when they are being physically monitored.
2.) Use internet monitoring and filtering software to keep children and teens away from restricted sites such as those having to do with pornography and violence
3.) Take an internet safety training course. Our kids, of course, are way ahead of us when it comes to internet usage. Stay up to date on all the latest internet safety information by taking a course or checking out a website like WiredSafety.org.
Fisher’s take on internet safety was interesting and important. How do you feel about internet safety? When it comes to teens, do you favor his advice of “letting the leash out slowly” or do you feel that teenagers deserve internet privacy? On the other hand, do you think that children, even teens, should not be allowed any internet privacy at all? Weigh in about this important modern age issue in the comments.
Each day, drivers like you and I share our roadways with trucks that have incurred thousands of safety violations for problems such as defective breaks, bad tires, loads that exceed weight limits, and drivers with insufficient training or a history of drug and alcohol dependency. Some trucking companies violate federal laws with salary systems that encourage truck drivers to speed and drive long hours.
Trucks make up less the 4 percent of vehicles on U.S. roads, but they are involved in 12 percent of all motor vehicle fatalities. Over 4,000 people die each year in tractor trailer truck accidents, and over 80,000 people are seriously injured. In fact, more people die in wrecks with trucks than in wrecks with planes, trains, ships, and interstate buses combined! There are many different causes of trucking accidents, but a large percentage of them can be traced to trucking companies that violate federal safety standards to maximize profits.
AAJ researchers examined over a million lines of data from the Federal Motor Carrier Safety Administration (FMCSA) in their new analysis. Here are some 2007 truck crash facts from the FMCSA:
Fatalities involving large trucks: 4,808
Fatalities involving large trucks in Georgia: 229
Injuries in crashes involving large trucks: 86,245
AAJ researchers found that, as of April 2009, 28,274 companies and 211,542 trucking companies were operating on roadways with safety violations.
Profit margins for many trucking companies are slim. Therefore, truck drivers are often encouraged to drive long hours with loads that are too large. They’re encouraged to get the job done quickly, even when safety issues arise. For example, the AAJ report tells this story of a unnecessary death that could have easily been prevented:
In March 2002, married truck drivers Nelta and Tom Osborndiscovered that the air brakes on their rig were compromised by asmall hole caused by a hose dragging on the ground, which made theemergency brakes suddenly engage. Rather than call a mobilemechanic, the pair fixed the hole with a toothpick and electrical tapeand continued driving. The dispatcher for the trucking companycomplimented them on their resourcefulness and for two hours theydrove with the makeshift repair, passing numerous repair shopswhere a $12 fix would have made the hose safe again.
Just outside of Texarkana, Texas, the hose failed and the emergencybrakes screeched the truck to a stop. Driving behind the truck was23-year-old Matthew Giuliano, a newly-commissioned Army officer,who was on his way to Fort Hood for his first assignment. Giuliano,without any brake lights or flashing hazards to warn him of theimpending danger, did not have time to react and slammed into thestationary truck. He was killed instantly.
Giuliano was the unfortunate victim of the largely ignored issue oftruck safety. Every year, tens of thousand of people are killed orseriously injured in trucking accidents.
Next time you’re driving behind a tractor trailer truck, keep this story in mind. It’s best to keep a safe distance between your vehicle and large trucks at all times. You never know when their brakes might be held together by electrical tape and a toothpick.
If you’ve been injured in a truck accident, call MLN Law at 404-531-9700 to schedule your free consultation. You may be entitled to compensation. We’ll inform you of your legal rights, and if you decide to hire us, we’ll work to make sure that you receive just compensation.
Labels: truck accident, truck safety, truck wreck, trucking
Interestingly enough, the study also found that parents found more dangers when asked to identify hazards for other children than when asked to identify hazards for their own children. This led researchers to believe that many parents have adopted an erroneous overestimation of their child’s knowledge when it comes to safety, i.e. an attitude that seems to suggest that they think their own children are less vulnerable to danger or that “my child knows better.”
As to the specifics of the study, which was reported in Accident Analysis and Prevention, researchers had three groups of adults visit mock living rooms, bathrooms and child bedrooms and place stickers on anything they thought to be a hazard. Among hazardous items planted in the rooms were prescription medicines, cleaning products, and marbles. (Common inherent hazards like toilets and sinks were also included.)
Findings showed that the parents of children between the ages of 1 and 3 marked only 47 percent of the safety hazards that might be a hazard for children in general, and only 40 percent of the issues that they thought to be a hazard for their particular child. Following the same guidelines, day care employees found only 37 percent of the hazards and health care professionals came in dead last, identifying only 29 percent of the hazardous issues.
"While there were no benchmarks to assess whether this is a good or bad rate of recognition, it is concerning if it approximates behavior in real homes," the authors, doctoral student Joanna Gaines and pediatric psychologist David Schwebel of the University of Alabama at Birmingham, said in a news release.
On the bright side, Gaines pointed out that parents can become more attuned to household hazards if they take parent related education courses or CPR. Participants in the study who had completed such training did better than others at spotting safety issues.
If you have any doubts about your ability to spot household hazards, look into taking extra precautions. According to the National Center for Injury Prevention and Control, accidents are the leading cause of death for toddlers in the United States. More than 1,300 children aged 1 and 2 years died from unintentional injuries in 2005, the last date the data was available. Being unaware of household hazards is by no means a personal failing. It is simply another aspect of parenting that parents should seek out and learn.
In the meantime, be sure to check out and pass on my post about 14 Tips for Child Proofing Your Home.
Labels: child proofing, child safety
The complaint states that the 08/23/2003 accident was caused by the defendant's liability, breach of express and implied warranties, failure to warn, failure to recall, negligence, gross negligence, and fraudulent concealment. The plaintiff claims that the tire was a in a defective condition which made it unreasonably dangerous and that the lack of warning added to the tire’s defective condition was an additional factor in the death.
Specifically, the plaintiff says that the tire was defective because of a lack of adequate warnings about the propensity and dangers of tread separation and a lack of adequate warning that tread separation would dramatically alter the handling and stability of the vehicle.
According to the lawsuit, the tire was designed and manufactured without a nylon cap to reduce the degrading heat effect along the belt edge and sold after contaminated from foreign substances. The plaintiff, Esther Chavez, who is suing on behalf of Navarrete’s minor son, believes that defendants are negligent for failing to design and build a tire that would not catastrophically fail, failing to maintain adequate quality controls to ensure the tire met internal design and manufacturing standards, failing to warn that the components of the tire might prematurely fail, and failing to use materials that would maintain adhesive qualities.
The plaintiff argues that defendants are liable for gross negligence and fraudulent concealment because it is believe and conceivable that testing to discover this defect was available, and it is also believe and conceivable that the results of such testing were readily available at the time the tire in question was designed, manufactured, distributed, and/or purchased.
The plaintiff seeks $6 million in damages for emotional pain, torment, and mental anguish of the child, pain and suffering of the deceased, pecuniary loss to the heir, and loss of consortium, as well as up to $24 million in exemplary damages.
According to ABC News, nearly 50 lawsuits have been filed over Goodyear Long Range E tires made between 1991 and 2000 because of their propensity for tread separation. Between 1991 and 2001, there are 87 crashes, 158 injuries, and 18 deaths involving Goodyear tire separation. A Goodyear recall was never issued, and the manufacturer claims that crashes involved under-inflated or misuse of the vehicle.
To be safe, on the road: check tire pressure regularly; rotate tires on schedule; don’t overload tires with too much cargo; look for abnormal wear often; and replace tires on time.
If you’ve been injured in a wreck due to the negligence of another driver or a product manufacturer, call an experienced personal injury attorney as soon as possible. Call 404-531-9700 to schedule a free consultation with an experienced attorney at MLN Law.
Labels: product liability
During his first year of college, Adam Lepak crashed into a car while riding his Honda Interceptor motorcycle. Adam was wearing his helmet, but he still suffered from diffuse axonal injury. Dr. Jonathan Fellus of the Kessler Institute explained, “The textbook definition is essentially a blow that shuts down the bundle of wires responsible for keeping us conscious.”
Adam spent the next six months in a near-vegetative state. He could not talk and could barely move. Now Adam is recovering. He is walking short distances and speaking in short sentences. But there’s another problem he’ll have to overcome. Adam has trouble remembering identities - including the identity of himself and his family members.
“You’re fake,” he told his mother.
“What do you mean ‘fake,’ Adam?” she asked.
“You’re not my real mom,” he replied. “I feel sorry for you, Cindy Lepak. You live in this world. You don’t live in the real world.”
Throughout medical history, doctors have reported on patients who insist that their spouse is an imposter; that their children are body doubles; and that their closest friends and family members are fakes. The French psychiatrist Dr. Jean Marie Joseph Capgras described Capgras syndrome in 1923 with the case of a patient “who transformed everyone in her entourage, even those closest to her, such as her husband and daughter, into various and numerous doubles.”
These types of delusions, known as misidentification syndromes, are common among those who suffer from schizophrenia as well as dementia and traumatic brain injury.
Researchers have found that there is no single identity region in the brain; rather, it uses several different neural regions to maintain the identity of self and others.
The cortical midline structures are particularly active in brain processes related to personal identity. They run from the frontal lobes through the center of the brain, almost like the core of an apple. The cortical midline structures communicate with the temporal lobe, which is responsible for memory and emotion. When the lines of communication have been damaged, as in Adam’s case, mom may look and sound just like mom, but she just doesn’t seem like the same person. Somehow, she seems unreal.
Dr. Orrin Devinsky of New York University has noted that people with misidentification syndrome from traumatic brain injury typically have more damage to their right hemisphere than their left. The right hemisphere processes holistic judgments like intonation and emphasis, while the left hemisphere processes linear reasoning and language. When the left hemisphere is damaged during a traumatic brain injury accident, loved ones may lack their familiar emotional glow. But if the left hemisphere is still working, it turns to logic for an explanation: the person must be an impostor, a double, or a fake.
The best treatment for people with misidentification syndrome seems to be spending a lot of time with loved ones in familiar places. Thanks to his friends and family, Adam is making a slow but sure recovery.
If you have a loved one who has suffered from traumatic brain injury as the result of a motor vehicle accident, call MLN Law at 404-531-9700 to ask about your legal rights. You may be entitled to compensation.
Labels: brain injury, traumatic brain injury
In books like The Gift of Fear, Fear Less and Protecting the Gift: Keeping Children and Teenagers Safe (and Parents Sane), renowned safety consultant Gavin de Becker provides a thorough examination of everything parents should seek to find out about their children’s’ schools. His points range from the obvious (i.e. ascertaining the school’s plans for fire safety) to things that we might normally not think about (i.e. what the school’s administration considers when hiring and disqualifying applicants for staff and support positions.) Also according to de Becker, the school should be willing and ready to answer your detailed list of questions. If they aren’t, he says, this could a.) indicate a problem or b.) with your help, give them the backup they need to ask for better resources from a school board or funders.
Here is just a very small sampling of the thorough and diverse questions de Becker advises parents to ask of their child’s school:
• Do you have a policy manual or teacher's handbook? May I have a copy or review it here? Is the safety of students the first item addressed in the policy or handbook? If not, why not?
• Are teachers and any other personnel (maintenance, support staff, etc.) screened and background checked?
• Is a nurse always on site? What is the nurse’s education or training?
• Can my child call me at anytime? May I visit my child anytime?
• How does the school address special situations such as custody disputes or kidnapping situations?
• Does the school keep statistics on acts of violence performed here? May I view them?
• If there is an emergency on the playground, how does the teacher summon help?
• What police station responds to this school?
More questions can be found on the Child Safety page at de Becker’s security consulting web site. He also offers answers to specific child safety issues here.
As you can see, these are all questions that would be vital to know in the event of an emergency, but that might not be at the top of your mind to ask in the middle of packing your child’s lunch and dealing with their ever-present social woes.
Are you a parent who thoroughly checks out your child’s school? Please comment on what steps you take, who you talk with, and any advice you can give parents who are investigating a new school.
Labels: child safety
The original incident took place in 2006 at a Marriott franchise in Stamford, Connecticut. The victim, known only as Jane Doe, was strapping her two toddlers into car seats in the hotel’s parking garage when Gary Fricker, armed with a gun, approached her and sexually assaulted her. When she resisted his attack, Fricker then threatened to sexually assault one of her young children. The attack only ended when another guest drove up and the Doe was able to escape by screaming for help.
Fricker, who had been arrested at least 20 times previously, had been hanging around the hotel’s garage and lobby for several days without ever being removed by security. He was arrested three days after the incident and is now serving a 20 year prison sentence for the crime.
Jane Doe then sued the hotel, a franchisee of the Bethesda, MD based Marriott chain, for a paltry $15,000 in damages due to their negligent security. That was when things turned ugly. In a “special defense” filed in the Stamford, CT superior court, aside from claiming that Doe “failed to exercise due care” for her safety before the rape, the hotel also subpoenaed many of Doe’s acquaintances, including a Pilates instructor, a babysitter and tennis partners, all of whom had been previously unaware of the victim’s sexual assault. The victim’s attorneys have argued that asking people who have nothing to do with the case to testify was merely an underhanded attempt to intimidate the victim.
Facing a PR nightmare when the news broke, the Marriott Corporation has since retracted the motions and issued the following statement:
“It was a mistake to suggest that the victim of this tragic incident was responsible for the vicious crime against her. As soon as we learned that this offensive language was included by the insurance company’s defense lawyers in their response to Ms. Doe’s civil suit, we asked that it be withdrawn and it was on Monday, August 17.
This incident is not reflective of our corporate culture or ethical standards, and we apologize to all of our guests and customers who were so deeply offended by the words used in the legal pleading.”
Unfortunately, blaming the victim is a common defense that insurance companies try to use all too to get out of paying damages. If you or someone you know as been sexually assaulted or otherwise injured on commercial property, you may well be like Jane Doe and have a premises liability case. Call (404) 531-9700 for more information about your legal rights.
Labels: sexual assault
Before the injury, Michael had spent his spare time volunteering with disabled children and armed services members. Now he needed help himself.
As we all know, many of us personally, economic times are tough right now. While Michael was working full time, his employer did not offer health insurance. The medical bills totaled in the hundreds of thousands, and Michael’s Medicaid was slated to run out. For Michael to get the best care, he needed a transfer to the Bay Medical Center’s spinal cord injury rehabilitation center, but the money just wasn’t there. Not knowing what to do, Michael’s parents began planning to remodel their home to accommodate Michael’s needs.
But after an article published in the Panama City News Herald brought Michael’s plight to the attention of friends and neighbors, all that changed.
Last Tuesday, Michael’s parents received a phone call from the office of Florida Governor Charlie Christ. This young man who had spent so much of his time volunteering to help others was to be admitted to Shepherd Spinal Center, one of the nation’s top spinal cord injury rehab centers.
While the Harris’ do not have all the details about how this turn of events fell into place, they do know that the News Herald article inspired Floridians from all over to call the state, pool their contacts and resources and lend a hand to a fellow good-hearted Floridian in need. One donor was Mark Weakley of Coconut’s Restaurant and Sports Bar in Panama City Beach. Weakly called to find out what he and his business could do to help with Michael’s care.
“For someone that gave so much of their time helping others, how could you not want to help someone like that?” Weakley told the News Herald.
Weakly will be donating half his sales from today, Friday, August 21st, to the Michael Harris Benefit Account maintained by Peoples First Community Bank.
Spinal cord injuries are a very serious matter, and not everyone suffering from a spinal cord injury can count on such an outpouring of community support. At MLN Law, we’ve been successfully representing spinal cord injury victims for many years. If you have any questions, call 404-531-9700 to schedule your free consultation.
Labels: spine injury
Rossmeyer was on his way to the Sturgis motorcycle rally in Wyoming when he died. Richie Supa, a fellow biker and a musician who performed at Rossmeyer’s charity events, said, “He was in that moment that he lived for. He was doing what he loved to do. How ironic it is for him to be on a motorcylce in one of the most beautiful riding territories in the U.S. It’s sad, be he couldn’t have picked a better spot on God’s earth to feel that freedom when you ride.”
According to the Wyoming Highway Patrol, Rossmeyer was headed east on Highway 28 in Sweetwater County behind a Ford pickup truck pulling a 2-axle camper trailer. The truck driver, Rober VanValkenbur, 73, of Rock Springs, IL, slowed down and began to make a left turn as Rossmeyer was passing. Rossmeyer’s bike collided with the truck. VanValkenburg’s turn signals and brake were working at the time of the crash. Rossmeyer was not wearing a helmet.
Rossmeyer’s death shocked many attendees of the Sturgis rally.
“His death is going to change the motorcycle industry,” said Woody Woodruff, owner of the Buffalo Chip Campground at Sturgis. “You have movers and shakers, and Bruce was definitely a mover and shaker. He made things happen. You lose someone like that and it creates a big void.”
Rossmeyer opened a Dodge dealership in New Jersey in 1969. As a longtime motorcyclist, he opened a Harley-Davidson dealership in Dayton Beach in 1994.
“I thought this would be neat to mess around on weekends and have some fun,” he said in a 2007 interview.
Rossmeyer had good timing. The motorcycle business boomed, and he soon opened dealerships in Colorado, Massachusetts, Mississippi, and Tennessee. His Destination Daytona dealership in Florida is a 150-acre resort for bikers, complete with hotels, condominiums, restaurants, stores, and of course the world’s largest Harley dealership. It opened in 2005.
Rossmeyer was a major fundraiser for charities like the Boys and Girls Club and the Joe DiMaggio Children’s Hospital
“He loved to laugh. He was just a very fun guy,” remembers his friend Supa.
If only he had been wearing his helmet, perhaps Rossmeyer would have survived. In Georgia, motorcycle fatalities have increased 174 percent in the past 9 years. Wearing a helmet while riding a motorcycle goes a long way in preventing fatalities. If you ride, choose a helmet that meets DOT standards for the best protection. See more Motorcycle Safety Tips for more information.
If you or someone you know has been involved in a motorcycle wreck, call MLN Law at 404-531-9700 to schedule your free consultation. You may be entitled to compensation for your injuries.
Labels: motorcycle accident, motorcycle safety
The state of Georgia has reported a 174% rise in fatal motorcycle wrecks in the past 9 years. According to the Georgia Department of Transportation, there were 61 fatal bike wrecks in 2000 and 167 in 2008. A quick Google search showed that other states have shown similar increases.
Visibility is a major factor when it comes to motorcycle wrecks. Due to their smaller size and single front and rear light, drivers are often unable to make them out in darkness. In fact, 60% of fatal motorcycle wrecks occur during dark hours.
But motorcyclists themselves are to be blamed for some wrecks. According to the U.S. DOT, around half of all fatal motorcycle wrecks were initiated because the motorcyclist was speeding. Further, DUI seems to be a problem associated with motorcycle drivers as well. The U.S. DOT also found that motorcycle operators involved in fatal crashes had higher intoxication rates than drivers of any other type of vehicle involved in a fatal accident. Statistics like these have caused some segments of the public to perceive motorcycles and motorcyclists as dangerous or irresponsible.
As a motorcyclist, the best way to prevent injury or worse is to take the following precautions:
1.) Wear Safety Equipment – Not all states require helmets, but just because they are not required does not mean that they are not strongly advised. A helmet can greatly reduce head and neck injuries if an accident should occur. Thickly padded clothing can also decrease the risk of injuries like “road rash.”
2.) Practice Defensive Driving – Motorcycles are not like cars. For one, they can squeeze into smaller spaces than cars. While it may be tempting as a cyclist to weave through traffic or speed around deadlocked cars, it’s never a good idea. Car drivers expect to see other cars on the road. The best practice for motorcyclists is to act like a car and not make any unexpected or surprising moves.
3.) Avoid Vehicles' Blind Spots – Know where blind spots on cars and trucks occur and stay out of them. A driver may think she has checked her blind spots sufficiently when in fact she has not seen you, because she is looking for cars, not motorcycles.
As a driver, the best practice when it comes to exercising caution for our motorcycle driving counterparts is to be aware of them. Look twice when merging or turning, and always be aware that motorcycles may be in your blind spots. Also, don’t follow too closely, because you can make the motorcyclist nervous or even accidentally hit the motorcycle.
If you or anyone you know has been involved in a motorcycle accident, call MLN Law at 404-531-9700 to schedule your free consultation. You may be entitled to compensation.
Labels: motorcycle accident, motorcycle safety
But the ending of the event was marred with tragedy when two separate wrecks left nine bikers injured and one dead – and all because of careless drivers in vehicles of the four wheel variety.
The fatal crash occurred on Saturday at around 2:30 am on Riverdale Road near Garden Walk Boulevard. A man was driving his motorcycle with a female passenger on the back when they were struck by a car. The car was driven by Lamar Jayson Johnson, 18, and after he struck the motorcycle he went on to hit another car before exiting his car and attempting to run. Johnson was chased and detained by a citizen witness.
While the male motorcycle driver was rushed to the hospital with serious injuries, the female passenger was pronounced dead at the scene. Both were wearing their helmets, which are required by Georgia law. The woman was from South Caroline and the man was from Riverdale, Georgia.
The car’s driver, Johnson, was arrested on a plethora of charges including first-degree vehicular homicide, DUI, possession of alcohol by a minor, leaving the scene of an accident, and following too closely.
The incident was followed by another tragedy on Sunday. An accident involving three cars and six motorcycles left eight people hospitalized. The crash took place on I-75 in Henry County and also involved bikers who were heading home from the National Bikers Round Up.
According to Henry County Police Captain Jason Bolton, the accident resulted from vehicles following too closely. This occurred due to the phenomenon popularly called “rubbernecking.” Apparently a car was stopped on the side of the road, and as people tried to get a glimpse of the trouble they began following too closely, leading to a pileup. Fortunately, no one was fatally injured in the incident.
Tomorrow on the MLN Law Blog I will bring you some important statistics and safety warnings about motorcycles – whether you are a motorcycle driver, a passenger, or the driver of another vehicle that shares the road with motorcycles.
Meanwhile, if you or anyone you know has been involved in a motorcycle accident, call MLN Law at 404-531-9700 to schedule your free consultation. You may be entitled to compensation.
Labels: motorcycle accident
The American Association of Justice (AAJ) recently released a report titled The Ten Worst Insurance Companies in America - How They Raise Premiums, Deny Claims and Refuse Insurance to Those Who Need It Most. The report looked at thousands of court documents, news reports, and records from the Federal Bureau of Investigation (FBI), Securities and Exchange Commission (SEC), and state insurance departments.
The AAJ report concluded that insurance companies consistently put profits over policyholders. Many insurance company's have advertising slogans that revolve around their willingness to help people, but in reality, this is not the case. In other words, according to the AAJ report, you are not in good hands with Allstate! Allstate tops the list of the Top 10 Worst Insurance Companies:
1. Allstate
2. Unum
3. AIG
4. State Farm
5. Conseco
6. WellPoint
7. Farmers
8. United Health
9. Torchmark
10. Liberty Mutual
This list is based on the worst insurance companies when it comes to denying claims, raising premiums, and refusing insurance to those who need it.
The report found the large insurance companies consistently deny and delay claims and do anything to defend against lawsuits. Insurance companies make more money when they pay out fewer claims. Like a bad neighbor, they don't really care.
The AAJ report also pointed out that profits and salaries for insurance companies are soaring. The U.S. insurance industry as a whole receives premiums of over $1 trillion a year and has assets of $3.8 trillion. Trillion! CEOs of the top ten worst insurance companies listed above had an average annual salary of nearly $9 million in 2007. Perhaps politicians should be debating insurance reform instead of health care reform!
This report makes one thing very clear: You should be very careful when selecting a new insurance policy. Read all the fine print and make sure you know exactly what your policy will or will not cover.
When it comes to legal matters, insurance companies can be ruthless, and they often play by their own rules. If you've been in an auto accident, be careful when speaking to insurance company representatives. Reps from other companies will often try to trick you into admitting fault in the accident. Even reps from your own company may try to trick you! Remember, those friendly, smiling people from the insurance company are not working for you; they are working for profit. Contact an experienced attorney after an accident, and refer all questions to your attorney. If you’ve been injured in a car wreck, call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: insurance, insurance claims, insurance company
1. All spinal injuries are the same.
Spinal injuries are not all the same. Spinal injuries are complete or incomplete. With a complete spinal injury, there is no motor or sensory function at all below the injury. An incomplete spinal injury is one in which the patient may have partial movement or feelings.
2. There has to be a cure.
Unfortunately, there is no cure for spinal injuries. Just intensive treatment, occupational and physical therapy, and long term care.
3. You can prevent a spinal injury by immobilizing the spine after impact.
That’s incorrect. There is no proof that a spinal injury can be prevented by immobilizing the spine at the time of the accident.
4. Most spinal injuries occur to the elderly.
Not true. Most spinal injuries happen to men in the age range 16-30.
5. After my spinal injury, my employer will never let me return to my job.
Fortunately, most employees do return to their place of employment if they can within one year of their injury, and usually at the same job.
6. Falls are the leading cause of spinal injuries.
Actually, motor vehicle accidents are the #1 cause of spinal injuries.
7. After a spinal cord injury, I will have to go to a nursing facility.
Approximately 92% of patients with spinal cord injuries return to their homes.
8. The most common cause of death of a spinal injury patient is renal failure.
That used to be the case, but breathing problems are the #1 cause of death among spinal injury patients.
9. I think I have a case for a spinal injury lawsuit but I can’t afford an attorney.
Most reputable spinal injury law firms will deduct their fee from the monetary damages won in civil litigation.
10. I need a lawyer so I’m just going to look in the phonebook.
You should work with an attorney who has knowledge and experience with spinal injury lawsuits.
Thank you, William, for the informative statistics and great advice! William is right: If you’ve suffered a spinal cord injury, you need an attorney who is experienced in the biology of spinal cord injury as well as the law. Whether you’ve been injured in a slip and fall, sports injury, or car wreck, make sure your attorney has experience in spinal injury lawsuits. At MLN Law, we’ve been successfully representing spinal cord injury victims for many years. If you have any questions, call 404-531-9700 to schedule your free consultation.
Labels: spine injury
Cobb County has adopted the CodeRED emergency alert system. This system could call or text up to 60,000 residents at a time in response to a large scale or life-threatening emergency in their section of the county. The CodeRED system is a vast improvement over Cobb County’s current reverse 911 system, which can only call about 1,200 people per hour on its 20-phone line system. Cobb has never used the old system, which was installed in 2001, to alert its citizens of an emergency.
“It’s next generation communications,” said Ann Flynn, assistant director of Cobb County 911 told the Atlanta Journal Constitution.
“We’ll be able to text people, which is huge,” she said.
When updated, Cobb’s CodeRED system will be the most up to date emergency notification system in the Metro Atlanta Area. The City of Atlanta and Fulton County share a reverse 911 system. DeKalb County does not yet have a reverse 911 system, but plans to purchase one this year, and Gwinnett County currently has a system, but it can only reach about 1,000 residents per hour and does not have the capability to reach cell phones or send text messages – a severe downfall as more and more people come to rely on cell phones as their primary form of telephone communication.
So what kinds of emergencies will warrant the use of Cobb County’s CodeRED reverse 911 system? Anything from boil-water notices, gas leaks, Amber Alerts for missing children, or SWAT team operations in the neighborhood, says the AJC.
For now, the new Cobb County reverse 911 system will only be programmed to reach landlines, but those who wish to be notified on their cell phones will be encouraged to contact the county this fall and request inclusion.
Kennesaw State University, which is located in Cobb County, implemented a similar emergency response system two years ago. College campuses around the country, taking a lesson from the confusion surrounding the 2007 Virginia Tech campus shooting, have implemented systems similar to Kennesaw’s, which calls, text messages and emails students in the event of a crisis. Kennesaw State’s emergency warning system came in handy last March when a convict, Chris “Little Houdini” Gay, escaped his handcuffs near the campus and was believed to have wandered onto Kennesaw State grounds. No one was hurt in the incident, and Gay was later recaptured in Florida.
Labels: atlanta
Allstate has been traveling around the country driving that point home to teens with their “Distracted Driving Training Course.” Recently Allstate was here in Atlanta and set up a course outside the Georgia Dome. Atlanta Falcons team President Rich McKay and his 16-year-old son John were on hand along with teens from local schools.
John drove the Distracted Driving Training Course several times with different stimuli present and, along with the other teens, sent orange cones flying willy nilly when exposed to common distractions such as loud music and loud talking. The teens were also asked to send text messages and eat – two very common driving distractions that can lead to accidents, as I have been reporting in recent “texting and driving” segments here on the MLN Law Blog.
John McKay told the Atlanta Journal Constitution, “They’ve made me text, eat, turn the music all the way up, had people screaming in the car. They’ve thrown a lot at me and it’s been tough.”
After the event was over and the teens had, like John, realized the danger of distracted driving, they were asked to sign a parent-teen driving contract. The contract designated certain punishments for various dangerous driving habits such as driving without a seatbelt, speeding, talking on a cell phone and other potentially hazardous violations.
The AJC also reported on a recent study stating that 80% of all crashes involve driver inattention within three seconds of the accident. “I wasn’t paying attention” is never a good excuse when it comes to operating heavy machinery, though a teen’s life is filled with distractions such as horseplay from friends, dialing the phone or applying makeup.
Allstate also recently came out with a study pinpointing the ten hotspots where fatal teen accidents are most likely to occur. Shockingly, eight of the ten were located in the southeastern United States. Here’s the breakdown:
1. Tampa/St. Petersburg/Clearwater, Fla.
2. Orlando/Kissimmee, Fla.
3. Jacksonville, Fla.
4. Nashville, Tenn.
5. Birmingham, Ala.
6. Phoenix, Ariz.
7. Kansas City, Mo. (and Kan.)
8. Atlanta, Ga.
9. Charlotte, N.C.
10. Louisville, Ky.
The results of this study persuaded Allstate to kick off their “Action Against Distraction” campaign. Allstate will also visit 41 other locations around the country with their “Distracted Driving Training Course.”
If your teen wasn’t fortunate enough to participate in the recent Allstate “Distracted Driving Training Course,” talk to them about the dangers of distracted driving. Car crashes are the leading cause of teen deaths in the United States. Don’t let your child’s last words be a text message.
Labels: driving and texting, teen drivers, teens and technology
A funeral home in Decatur volunteered to cremate Suk Maya's body and donate the cost of a memorial service. Other people have also come forward to help the grieving parents.
The driver of the SUV also came forward to surrender to his charges. Gregory Armwood, 44, was released on a $2,000 bond from Dekalb County Jail. He and his attorney refused to answer any questions. Armwood is charged with vehicular homicide and failure to exercise due carry; both of these charges are misemeanors that carry maximum sentences of 12 months. Armwood is from Covington.
Policy say that Armwood illegally passed a stopped car and a stopped MARTA bus. Suk Maya and her mother were just stepping onto Ponce de Leon in front of the MARTA bus when Armwood allegedly made the illegal maneuver. Suk Maya died of head injury and internal injuries on Wednesday. That was the day when she would have started school at Creek Elementary School.
The Mongers relocated to the United States under a government program that provides a haven for people from countries where they are persecuted, according to the Atlanta Journal Constitution. The Monger family was displaced from their home in Bhutan due to ethnic cleansing. Even though they had never lived in Nepal, they were of Nepalese descent and therefore made to leave Bhutan along with thousands of other families. Once in Nepal, the family lived in a hut in a refugee camp for 10 years. In the camp there were neither schools nor jobs. Refugees were not allowed to work. They depended on relief organizations for food. Suk Maya was born in this camp. Her family brought her to the United States for a new beginning, a new life. Unfortunately, that new beginning had only just begun when she was killed by what appears to have been an impatient driver.
"The mother is very, very distraught on top of a lot of other things they went through," said Ellen Beattie, director of the International Rescue Committee. "She is very much in shock and has not been able to accept that she will never see her daughter again."
Now that school is back in session, children are back on the streets during times of heavy traffic. If you have kids, teach them about safety on the streets. But kids don't always remember to look both ways before crossing the street. We all have to watch out for them. Please put down your cell phone, keep your eyes on the road, drive within the designated speed limits, and watch out for children. You wouldn't want to be in Mr. Armwood's shoes right now.
Labels: child safety, death
In 1993, Brian Sheridan was a promising 18-year-old gymnast. But he thought that had all ended when he broke his neck while practicing back flips at a gymnastic club. But after recovering enough to get married and get a college degree, Sheridan realized there was still one large piece missing from his life – his love of sports. So Sheridan, who received his degree in occupational therapy with a minor in psychology, founded Michigan Sports Unlimited.
Michigan Sports Unlimited offers a number of clinics in sports such as basketball, handball and quad rugby (sometimes known as Murderball.) He has also recently completed a case study using a new treatment technique called “whole body vibration.” When used on people with underused or atrophied muscles, whole body vibration was shown to stimulate muscles, improve strength and toning, reduce cellulite, improve body density and cause the body to release the healthy hormones often associated with exercise.
“There is no cure. Recovery needs to be comprehensive — mind, body and spirit,” said Sheridan.
Sheridan shares a love of sports with Keith Buckman, a Maryland native who was left severely injured after surviving a suicide bombing in Iraq’s Anbar province. Buckman, who barely survived the incident and had to relearn to walk, never thought that, just a year later, he would be training for 2010 Paralympic Games.
Buckman is just one of many disabled soldiers and veterans around the country whose love of sports has translated to a shot at some high level coaching for the Paralympic Games. A foundation, sponsored by various entities and the U.S. Olympic Committee, recruited Buckman and many other promising athletes from the armed services. The Paralympics, while held at the same time and place as the Olympic Games, usually does not attract many service people.
Said Buckman, "Doing sports makes me feel normal again.”
The Chicago camp that Buckman attended does not only cater to promising athletes with spinal cord injuries. Programs also train athletes who have previously suffered from traumatic brain injury (TBI) and visual impairment. The most promising athletes are chosen to receive high level training for Paralympic Competitions. Buckman is hoping for a berth in “mono-skiing” at the 2010 Games and a spot on a wheelchair basketball team in the 2012 Games.
And if you thought that basketball, rugby and skiing were the only sports open to people suffering from paralysis, you haven’t seen anything yet. Thirty-two-year-old Bill Miller is paralyzed from the neck down, but he hasn’t let that detail stop him from participating in his favorite sport – bowling. To accomplish this feat, he and engineer Claude Giguere invented a device called the IKAN Bowler. The IKAN Bowler is a ramp that fits on a wheelchair and allows the bowler to send a ball down a lane.
Miller now trains other injured and disabled would-be bowlers. He told the Orlando Sentinel that the trick is to shift in the chair with just the right timing and force to send the ball down the lane where you want it to go.
"Getting inside a bowling alley is a whole lot more fun," Miller said. "I can bowl with able-bodied bowlers or bowlers in a wheelchair."
When it occurs, a spinal cord injury or other debilitating can seem like the end of the world. The stories of these three pioneers prove that life can and does go on.
Labels: spine injury
Dr. Mark Tuxynski of UCSD said, “It was a breakthrough a few years ago to finally get axons to regenerate. “With this advance, we’ve shown it’s possible to direct an axon to find the correct target from among potentially millions of incorrect ones in the spine and brain and make the right connection.”
Axons are the components of nerve cells that conduct electrical impulses; these electrical impulses allow for communication between neurons. Spinal cord injuries often damage axons, cutting of neural communication. This can result in sensory loss or paralysis.
In the UCSD experiment, researchers restored severed neural connections in lab rats using a combination of therapies. One therapy involved injecting a virus carrying a growth factor into the target site. The growth factor, neurotrophin-3, attracts growing axons. Researchers also grafted cells across the injury site to support axon growth.
Naomi Kleitman of the National Institute of Neurological Disorders and Stroke said, “What this work dramatically sows is that it will take a combination of things to effectively repair spinal cord injuries. It’s one important step in a long process of many steps. There are still many things we don’t know. There are likely more elements that will be needed before it’s possible to translate this research to humans. The process, even now, sounds like a lot. But compared to being paralyzed for the rest of your life, maybe it’s not asking too much.”
The research has a long way to go. The UCSD research was with sensory neurons rather than the motor neurons that govern movement. Motor neurons may be tougher to manipulate. Also, the regenerated axons were not electrically active. In other words, while the reconnected in the right place, they did not work.
Tuszynski speculates that the regenerated axons may lack a myelin sheath, a fatty coating that acts like an insulator. The myelin sheath works much like the rubber coating on electrical wiring.
“Just as an electrical circuit needs insulation so it doesn’t short-circuit, it appears that these regenerating axons require restoration of the myelin sheath to ultimately restore function,” Tuszynski said.
Later this year, Geron, a biotech company, will begin trials for a stem cell procedure that could stimulate myelin production. There is hope.
Earlier this year, the Christopher and Dana Reeve Foundation conducted a survey which found that 1.275 million Americans suffer from a spinal cord injury, and more than 5.6 million Americans live with some degree of paralysis. Spinal cord injuries cause 23 percent of paralysis cases. (Stroke and multiple sclerosis may also cause paralysis.)
Spinal cord injuries can be devastating for victims and families. If you or a loved one have suffered a spinal cord injury and you feel that someone else is at fault, call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: personal injury, spine, spine injury
Children from pre-K to high school age have been known to play with fire. Follow these tips to show your children that fire is a tool, not a toy:
1.) Demonstrate Respect for Fire – When dealing with fire, use safety precautions and tell your child why you are doing so. Never use fire, lighters, matches, heaters or stove eyes to amuse or entertain children. Whether your treat the risks of fire respectfully or flippantly, expect your child to follow your example.
2.) Take Away the Temptation – Store matches, lighters and other fire starters in a locked cabinet or out of reach. Only use lighters with child-resistant features.
3.) Teach Young Children to Report Lighters or Matches – In the hands of children, fires can be just as dangerous as a gun or a wild animal. Stress to children that they should report any lighters or matches they see lying around.
4.) Stop, Drop and Roll – Children may set their clothing on fire by getting too close to a heat source. Be sure to practice the drill “Stop, Drop, and Roll” with them in case of such an accident.
5.) Practice your Household Fire Drill – It’s important for everyone in your household to know which route to take to escape from a fire and where to meet up afterward. Children, especially if they started the fire are prone to hiding under a bed or in a closet when they have started a fire. Be sure to stress to them that no matter the cause of the fire, getting out of a burning house is the safe thing to do.
6.) Talk About Fire Safety – Many children will express curiosity about fire or even play with fire. If this occurs, do not overreact, as that might increase the child’s urge to act out. Instead, speak firmly but calmly with them and explain that fire is not a toy.
7.) Never Allow Children to Use Appliances Unattended – Unintentional fires have been started when children attempt to cook or operate a heater. Supervise children when using dangerous appliances.
8.) Curb the Signs of Intentional Fire Starting – If your child is intentionally setting fires or shows a fascination with fires, get counseling. Your local fire department and the child’s school are both excellent sources to find counselors trained in getting to the bottom of fire starting behavior.
It is natural for children to be curious about fire, but with your help and good example they will learn to respect fire’s uses, and its dangers.
Labels: fire safety
Road Safe America argues that professional truck drivers should be trained more like airline pilots, and they should receive similar amounts of rest time and pay. Many truck drivers are on the road for days at a time, and they are paid by the mile, which encourages unsafe driving. Furthermore, according to the Owner Operator Independent Drivers Association (OOIDA), truck drivers spend an average of 44 hours per week in their cab not getting paid, while they’re sitting and waiting for loading and unloading.
They only get paid for time when the wheels are moving. Most drivers take home $38,000 to $50,000 a year, and they are away from home many nights out of the month.
Professional truck drivers log 77 driving hours a week, 330 driving hours a month, and 4,000 driving hours a year, compared to professional airline pilots who log 30 flying hours a week, 100 flying hours a month, and 1,000 flying hours a year. Airline pilot hours are tracked digitally, whereas truck drivers keep paper logbooks.
In the last 3 years, there have been less than 100 airline accident deaths. There have been 15,000 trucking accident deaths and between 300,000 and 400,000 injuries.
The federal government has an annual regulatory budget of $14.6 billion for airlines. The regulatory budget for trucking companies is $500 million.
There are 590,000 commercial airline pilots compared to 10 million commercial truck drivers.
Airline pilots must have a physical every 6 months. Truck driver physicals are required every 2 years.
Airline pilots are not allowed to take narcotic drugs. The trucking industry makes an exception for narcotic drug use among drivers.
Airline pilots have an age limit of 65. There is no age limit for truck drivers.
The driver’s of large tractor trailer trucks should have at least as much responsibility for public safety as airline pilots. As Road Safe America points out, people voluntarily buy tickets to board commercial aircraft, but everybody shares public roadways.
Approximately 5,000 Americans are killed in large truck accidents each year. That’s the equivalent of 2 airliner crashes each month.
Tractor trailer trucks that weigh up to 80,000 pounds are lethal weapons when an unfit driver is behind the wheel. An average-size car would need to travel at 300+ miles per hour to achieve the same force as a loaded tractor trailer truck traveling at 60 miles per hour.
Large trucks are involved in 11 to 13 percent of all traffic accident fatalities, yet the make up only 3 percent of the vehicles on the road.
Be extra careful when approaching large trucks on the highway. Large trucks have large blind spots, and the drivers may not be able to see you. Always keep a safe distance between your vehicle and large trucks.
If you’ve been injured in a truck accident, call MLN Law at 404-531-9700 to schedule your free consultation with an experienced attorney.
I’ll close out this post with a video from Steve Owings, co-founder of Road Safe America, about the truck accident that killed his son, Cullum Owings, of Atlanta:
Labels: truck accident, truck safety, trucking
1.) Create an Escape Plan and Follow It – Make sure everyone staying in your house is familiar with its layouts and exits. Then practice exiting the house from every room in the house, making sure that you have allowed for at least two exits from everywhere in the house. While this may seem like common sense, navigating your home during a fire emergency is quite different from navigating your home in the light of day. If you live in a two story house, invest in fire safety ladders.
2.) Specify a Meeting Place – Many unnecessary fire injuries and deaths occur when people reenter burning buildings to rescue people, pets or possessions. When planning your fire escape route, specify a meeting place outside and well away from your home. If someone does not arrive at the meeting place, do not reenter the building. Let emergency workers, who have the proper training and equipment, rescue your missing person.
3.) Test Doors Before Opening – According to FEMA, if attempting to escape through a closed door, first use the back of your hand to test the top of the door, the doorknob and the crack between the door and the door frame. Never use the palm of your hand to test for heat because a burn could mean that you become incapacitated in later escape maneuvers such as trying to crawl or climb a ladder. If the door is hot, never open it. Instead, attempt to escape through a window or signal firefighters with a light colored sheet or flashlight. If the door is cool, you may not be out of the woods yet. Open it slowly and check your surroundings. If your planned escape route is blocked, close the door and use an alternate escape route. If clear, leave immediately.
4.) Close Doors – When escaping a burning house, always close doors behind you as you move from room to room. This can potentially save you from harmful smoke and chemical inhalation.
5.) Be Prepared to Get Low – Smoke and heat rise, so if your house is full of flames, you are safest on your hands and knees near the floor. Many more people die from smoke inhalation than they do from flames. Also, poisonous gases and heavy smoke, which can impede sight and respiratory functions, tend to collect on the ceiling.
6.) Don’t Panic – If you find that all your escape routes are blocked, stay in the room with the door closed. Keep smoke out by piling blankets and bedding against the door. Signal out the window to firefighters or passersby with a flashlight or sheet, and stay close to the floor near the window.
Stay tuned tomorrow for information on teaching children about fire safety.
Labels: fire safety
Last week CBS News reported that the Yamaha Rhino utility terrain vehicle (UTV) is at the center of at least 440 wrongful death and personal injury cases across the nation.
Justin Miller, who lost his left hand after a Rhino accident in May 2008, said, “The Yamaha Rhino started to rock and it tipped over on my left side, crushing my wrist.” Miller says that he was driving less than 15 miles per hour on flat ground when his 1100-pound Rhino rolled over. He also told CBS News reporter Armen Keteyian that was wearing a helmet as well as his safety belt.
The popular Rhino was introduced in 2003, and more than 150,000 have been sold to date.
“The public needs to be aware that already 59 people have been killed in these vehicles,” said Inez Tenenbaum, head of the Consumer Product Safety Commission (CPSC). “It’s very high risk. This vehicle has a high center of gravity and it will turn over.”
Tenenbaum cites hundreds of reported injuries, including broken bones and crushed legs, arms, and heads. Many of these injuries occurred on level ground at low speeds. Last March Yamaha agreed to a “free repair” program to improve the handling and reduce injuries. But people continue to get hurt, and the CPSC continues its investigation.
“We’ll continue to look at this, and if we have to take stronger measures, we will,” said Tenenbaum.”
Yamaha defends the Rhino, saying that virtually all accidents are due to operator errors like driving too fast or failing to wear seat belts or helmets. However, CBS News showed a video of a Yamaha dealership employee tipping over in a Rhino in the dealership parking lot at a low speed. Even Yamaha executives have been injured in Yamaha Rhino rollover accidents!
Justin Miller wishes he had known about the Rhino safety concerns before he started riding it. "A lot of people and a lot of kids before me have died," he said. "And if we had known that, we would have never bought this product."
The first wrongful death trial for the Yamaha Rhino is scheduled to being later this month.
In related news, last week also saw the recall of nearly 4,000 Polaris Ranger side-by-side ATVs due to an electrical defect that can cause the tail light to melt or burst into flames. The CPSC has received reports of at least 46 incidents where the tail light overheated and melted. In 22 of those cases, the tail light caught on fire. Recalled models include the Ranger 700 EFI 6 x 6 and the Ranger 700 EFI Crew. If you own one of these ATVs, contact a dealer for a free repair.
Have you or someone you know been involved in an ATV accident? If so, please let us know what caused the accident? Was it operator error or a design defect (or a combination of both)?
If you’ve been seriously injured in a Yamaha Rhino accident or another UTV or ATV accident due to a design defect, call MLN Law at 404-531-9700 to schedule your free consultation. You may be entitled to compensation.
Labels: ATV accident
The good news about house fires is that, in many cases and with the right planning, house fires are highly preventable. FEMA advises homeowners to have the following precautions in place to prevent house fires:
1.) Have at least one working smoke alarm – Did you know that a working smoke alarm can double your chances of surviving a house fire? Buy one for every floor of your home. But owning it isn’t enough. Be sure to test the battery monthly and replace it at least once a year. Also, keep in mind that smoke alarms get old and lose their function. Be sure to read the manufacturer’s recommendations on when to replace the smoke alarm.
2.) Child proof your home and fire proof your child with education – Even though fire and match safety is a favorite topic of educators and public service announcements, in 2006 children set as many as 14,500 structure fires. Children almost always use lighters or matches when playing with fire, and the most common accidental fires occur when children accidentally set clothes, bedding or other cloth items alight. Teach your children about fire safety and make sure to keep dangerous objects out of the home or safely hidden away. For more on this topic, check out these 14 tips for child proofing your home.
3.) Be smart with wires, extension cords and circuits – Never overload your circuits or extension cords, and if you notice that a cord is emitting sparks, or an unusual smell, shut off the item it powers and stop using it. Have this item repaired or replaced. Never simply put it aside because chances are you will plug it in again in a few years having forgotten about the electrical problem. The same goes for electronic household appliances or devices that are emitting sparks or strange smells, or are exhibiting other unusual behavior. Further, don’t put cords or wires under rugs or other flammable surfaces or near sharp objects.
4.) Observe Strict Safety Precautions with Alternate Heaters – Use extreme caution with portable heaters. Make sure they stay at least three feet away from anything combustible, including carpet. Avoid heaters powered by dangerous substances such as kerosene if at all possible. If you find it necessary to use a kerosene heater, be sure to refuel outside and always use the specified type of fuel, never substitute gasoline or camp stove fuel. If you and your family enjoy a fire in the fire place, be sure to employ fire screens and have your chimney cleaned every year to avoid dangerous creosote buildup.
5.) Consider Installing Fire Sprinklers – When combined with smoke alarms, fire sprinklers can greatly increase your chance of surviving a house fire. Plus, they are often inexpensive to install and can actually save you money by lowering your home owners insurance premiums and increasing your property value.
Stay tuned tomorrow for important information on what to do in the event of a house fire.
Labels: fire safety
On July 22, 2009, a Chilton County jury ordered Ken Gorum Trucking and Gary Fruge, the driver of the logging truck that crashed into Sanderson’s van, to pay $3.5 million to Sanderson’s family.
Attorneys for the family submitted evidence that the truck was being operated at a high speed and with defective breaks in violation of Alabama law.
The accident happened in Elmore County. When a car stopped to make a left-hand turn, one logging truck stopped behind it, followed by Sanderson’s van. The logging truck driven by Fruge could not stop in time, and Sanderson’s van was crushed between the two trucks.
Attorney J. Cole Portis of the Beasley Allen Law Firm in Montgomery said, “I don’t want to be too graphic, but his vehicle was sent careening into the logs in the log truck in front of him, the logs went through the front wind-shield of his car, and one of the logs went through his head and killed him.”
Fruge said he was driving his logging truck at about 45 miles per hour, but Portis argued that the truck must have been going faster.
“If he had been going 45, he had a thousand feet to stop and should have stopped within 360 feet. Based on the evidence from the accident, our expert said he was going somewhere between 65 to 75 miles per hour.”
The lawsuit lasted only two days, and the jury deliberated for less than an hour. Progressive Insurance Company, the insurance company for the defendants, refused to settle the case before trial.
“I am grateful to see that folks in Chilton County value human life and will not accept unsafe trucks traveling on Alabama highways, harming its citizens,” said Portis. “ I know that this jury’s verdict will make a difference in the log truck industry.”
I’m also glad to see that they jury sent a strong message to trucking companies. But I wonder if that message will make a big difference in the trucking industry. As we reported last month, hundreds of shut-down trucking companies are still on the road.
New braking standards for large trucks were recently issued by the National Highway Traffic Safety Administration (NHTSA). The new standards require that a truck traveling at 60 miles per hours must be able to come to a complete stop in 250 feet. The NHTSA estimates that these new braking rules will save over 200 lives per year. The new regulations will be phased in over the next four years.
If you’ve been injured in a large truck accident, or if you’ve lost a family member in a trucking accident, call MLN Law at 404-531-9700 to schedule a free consultation to discuss your legal options. We’ll help you get the compensation you deserve.
Labels: truck accident, truck wreck, trucking
Four Alpharetta women are thanking their lucky starts that Steve Kehoe came along when he did last month. The Connecticut teacher was staying with his mother-in-law at a three unit townhome along Memories Drive off Rucker Road when, on July 21st, he returned to find a that a backroom had turned into a blazing inferno.
According to the Atlanta Journal Constitution, Kehoe had been out house hunting and had returned home at about 12:30 p.m. that Tuesday to drop off some papers. The AJC reported that:
“He walked in and saw the back room engulfed in flames, he said. He immediately began shouting for his wife Jane and 80-year-old mother-in-law Jeannette Westbrook.
His wife, who was working in another room, ran outside with the dog. But Westbrook didn’t answer, he said.
Kehoe said he became frantic and began searching the house. He found Westbrook upstairs in the shower.
Kehoe rushed the elderly woman outside and began knocking on doors.
By this time, the fire had spread into the attic and two neighboring units. The windows had burst out and the entire townhouse was engulfed in flames, he said."
Emergency officials credit Kehoe with saving the lives of our women, his wife and mother-in-law, and two women from a neighboring unit, one of who is in a wheelchair.
“I’d say it’s quite possible he saved their lives,” Alpharetta Police spokeswoman Jennifer Howard told the AJC. “He diverted from what he was doing and really didn’t know why. Call it sixth sense or whatever you like, but if he hadn’t walked in that door when he did, things could have turned out very differently. We’re just thankful everyone got out OK.”
The fire was under control by 3:30pm, but at last report there was no word yet on what had caused it the blaze.
Early last Sunday, a Marietta man managed to escape a blaze that destroyed his two-story home. The fire, at a home on Craig Court, was reported when a newspaper delivery person noticed the flames. While firefighters battled the inferno, 911 officials received a call from a disoriented man who said he was inside the home. Firefighters were doubtful that anyone could survive, but the lucky man managed to make his way out of the house and leave the hospital later in the afternoon with only minor injuries.
Not all Metro Atlantans have been so fortunate this summer when it comes to house fire safety. A Duluth woman recently died after becoming trapped in a burning house. While house fires are often associated in the popular mind with winter time and faulty heaters, house fires can occur at any time of the year. Stay tuned tomorrow for the facts that you and your family need to know about house fire safety.
Labels: fire safety
Thirty-nine-year-old Chris Cornish, who worked as a warehouse supervisor for the supermarket chain Wegman’s , had planned to spend Super Bowl Sunday in February 2008 with family until a co-worker asked if he’d like to take on an extra shift. Before leaving for work, he and his wife Vicky took their three children to view a local museum’s butterfly garden. They had no idea that a day when Chris was not even supposed to report to work would end up a day that changed their lives.
Later that day, Chris was standing in the Wegman’s warehouse yard taking inventory when a tractor trailer struck him from behind. He was dragged 20 feet, conscious the whole time.
“I remember the seconds before being trapped under the wheels of the truck, visualizing my children and my wife….My wife was holding my little guy, my older son was playing with his train, my daughter was painting her nails. I wondered if my insurance policies were up to date…. I thought that truck would just cut me in half,” Chris told the Rochester, New York based website MPNNOw.com.
While it is quite a stretch to call a man in Chris Cornish’s case lucky, he was fortunate in that he did not break any bones or sustain a traumatic brain injury from the accident. He did suffer immensely, including internal damage to his intestines and other internal organs and severe skin damage. He has undergone at least 13 procedures and been forced to endure long hospital stays due to complications such as infections and failed skin grafts.
While the Cornish’s do have insurance and some forms of financial support, as with many people who suffer accident injuries, the Cornish’s have found the financial obligations inherent in Chris’s injury overwhelming. The accident happened to a family already dealing with major health issues. Chris and Vicky’s young son, Wyatt, was born with a rare medical condition that causes tumors to grow on his organs.
Cathy Ringer hopes she can help the Cornish family. When her father, an avid gardener, died in 1989, he left his enormous garden to Cathy and her mother. Finding herself overwhelmed by plants just as the Cornish’s were overwhelmed by medical bills, Cathy decided to start collecting donations of plants from all over the area and host a fundraiser. So far Cathy Ringer has collected over 200 potted perennials and is expecting more from people who are cultivate their own perennials to donate right up until the day of the fundraiser. This month, funds generated from the sale of the perennials will help the Cornish family’s life bloom.
From all of us at the MLN Law blog, have a happy and safe weekend.
Labels: truck wreck
Approximately 80 percent of disc injuries that go to trial are caused by auto accidents. A herniated disc causes radicular pain, which means that it shoots through the body. Nerves from the spinal cord branch off to various parts of the body. A herniated disc may cause radicular pain in the back as well as in legs, arms, or other parts of the body. A herniated disc in the lumbar spine (lower back) may cause leg pain, while a herniated disc in the cervical spine (neck) may cause shoulder and arm pain.
Herniated discs are often overlooked in ER visits after wrecks because they do not show up on x-rays. In most cases, a CT scan or MRI is needed to show herniated dics.
Auto accident victims often ask about the settlement value of disc injuries caused by auto accidents, and I always tell them that the settlement will depend on many factors. Sometimes, a herniated disc will leave a victim in pain for the rest of their lives. In disc injury cases where the responsibility of the auto accident is clear, no pre-existing back conditions exist, and the at-fault driver has decent insurance coverage, the settlements are typically in the six-figure range.
Defense attorneys often try to pin the blame on pre-existing conditions like spondylolisthesis or osteoarthritis. These cases can be more complicated, and you’ll need an experienced, knowledgeable personal injury attorney who can show that the disc injury was caused by the auto accident and altered your quality of life.
Jury verdict research shows that the average disc injury award is $340,328. When a pre-existing condition exists, the average jury awards are lower. For example, in cases where the victim has the pre-existing condition of degenerative disc disease, the average jury award is $51,678. When an disc injury aggravates a previous disc injury, the average jury award is $152,932. For bulging discs with no pre-existing conditions, the average jury award is $140,311. For herniated discs, the average jury award is $413,917.
It’s impossible to apply these average award values to individual cases, but at MLN Law, we always take jury verdict research into consideration. In some cases, jury verdict research may help us decide to settle rather than pursue litigation. Ultimately, when a disc injury case goes to trial, the jury will decide the award. Awards depend on the prognosis, the type of injury, and the amount of medical bills and lost wages, among other factors. If you’ve suffered a personal injury, call MLN Law at 404-531-9700 to schedule your full consultation. We’ll examine all the options and help you get maximum recovery.
Labels: injury damages, jury research, personal injury, serious injuries
Polaris Side by Side ATV’s – The CPSC has recalled about 3,800 Polaris Ranger “Crew” and “6x6” Side-by-Side Recreational Vehicles (2009). An overheating rear tail light has been reported to cause electrical malfunctions and shooting flames. While 43 incidents have been reported, no injuries were found to have occurred. These ATV’s were sold between December 2008 and July 2009. Check the CPSC website for model numbers and instructions on what to do if you purchased a 2009 Polaris ATV.
Nova Natural Toys & Crafts Baby Hammocks and Kaplan Early Learning Baby Hammocks – The CPSC has issued recalls of baby hammocks distributed by both Nova Natural Toys and Kaplan Early Learning because they pose fall and strangulation hazards. The hammocks are identical, were both manufactured in Colombia, and both have “La Siesta” printed on the tag. While no incidents or injuries have been reported with either baby hammock, according to the CPSC the hammock could potentially turn over and its straps could potentially strangle a child. For a picture of the hammocks and information on what to do, visit here (Kaplan) and here (Nova Natural).
Black and Decker Trimmers & Edgers – While the CPSC originally recalled certain Black & Decker Trimmers and Edgers back in 2007, it seems that many people didn’t hear of the recall and the injuries are continuing to mount up. “The trimmer/edger’s spool, spool cap and pieces of trimmer string can come loose during use and become airborne projectiles, posing a serious laceration hazard to the user, as well as bystanders. The trimmer/edgers can also overheat, posing a burn hazard to consumers,” said a CPSC release from this week, which reported at least 58 injuries. Over 200,000 products were sold, so check out your trimmers and edgers against this list on the CPSC website. If you have one of the faulty products, Black & Decker will send you a free repair kit.
Ross Stores Civil Settlement – Special alert for all Ross Stores shoppers: the discount chain known for its inexpensive clothing and household goods recently agreed to pay $500,000 in civil fines after selling children’s outerwear featuring drawstrings around the neck.
Outerwear such as coats and hoodies that feature neck area drawstrings have been reported to pose strangulation hazards which could lead to injury and death. Ross reportedly failed to remove the products from stores even after the product’s importer and the CPSC had announced a recall. Ross Stores agreed to the settlement, but did not admit that they had knowingly sold the dangerous items.
Further, Ross Stores have just issued a recall for certain plant stands with marble tops that have the potential to detach and pose an injury hazard.
If you have any of these products at your home, please visit the above links and take all appropriate safety precautions. And if you or anyone you know has been injured by a faulty product you may have legal recourse. For a thorough investigation and caring, aggressive representation, call MLN Law at (404) 531-9700 for more information.
Labels: child safety, product liability, product recall
“If it were up to me, I would ban drivers from texting,” LaHood said.
LaHood also said that prohibitive laws, including laws against drunk driving, are often insufficient without adequate education and enforcement.
“That’s why I have decided to convene a summit of senior transportation officials, safety advocates, law enforcement representatives, members of Congress and academics who study these matters,” said LaHood.
The national summit is scheduled for September. After the summit, LaHood plans to announce a list of “concrete steps” to reduce distracted driving. Steps may include education and awareness campaigns as well as legislative efforts.
Last week a bill was introduced to the Senate that would pressure states to pass laws that ban texting while driving. Known as the Avoiding Life-Endangering and Reckless Texting by Drivers Act, or the ALERT Drivers Act, the bill, if passed, will threaten to take away federal highway funding for states that do not enact adequate legislation. Drivers’ behavior is considered a state legislative issue.
If the bill becomes law, the Transportation Department will establish minimum criteria for state laws. States that do not comply will risk losing 25 percent of their highway funding.
Sixteen states already have laws that prohibit texting while driving, but these laws are often difficult to enforce. In Virginia and Washington, for example, law enforcement officers cannot pull over someone who is texting while driving unless the driver commits another violation such as speeding or failing to use proper turn signals. In some states, anti-texting laws currently apply only to young drivers.
When announcing the summit, LaHood referred to a recent Illinois auto accident in which a 17-year-old died after she drove off the road while texting. Additionally, last September, 25 people died and 135 were injured in a commuter train crash in Los Angeles in which the operator was texting.
“The bottom line is distracted driving is dangerous driving,” said LaHood.
I couldn't agree more. A recent study found that texting truckers are 23 times more likely to crash. The study also found that light vehicle drivers are 2.8 times more likely to crash when dialing a cell phone; truckers dialing a phone are 5.9 times more likely to crash; and truckers reaching for a cell phone are 6.7 times more likely to crash.
When you’re driving, please keep your eye on the road. Remain alert and drive defensively so you can watch out for all those other distracted drivers. If you get a text message while you’re on the road, just wait. Reply to the message when you stop driving. This could save your life (and the lives of others).
If you’ve been injured by a distracted driver or someone who was driving while texting, contact an experienced personal injury attorney as soon as possible. The attorneys at MLN Law will stand up to insurance companies and make sure you get the compensation you deserve. Call us at 404-531-9700 to schedule your free consultation.
Labels: driver safety, driving and texting
According to the Pentagon report, some of the faulty showers and other electronic malfunctions are the fault of KBR, a military contractor who has been awarded $83.4 million taxpayer dollars for its electrical work in Iraq.
Staff Sgt. Ryan Maseth, a decorated Green Beret from Pennsylvania, died after being electrocuted in the shower in his Bagdhad headquarters, one of Saddam Hussein’s former palaces, in January 2008. Masseth’s family is suing KBR, alleging that they did not properly ground and inspect electrical equipment. In Maseth’s case, the contractor is also accused of failing to properly ground the water pump at the building and then failing to report the improperly grounded pump during later follow up maintenance inspections.
According to Maseth’s mother, Cheryl Harris, soldiers in Afghanistan are also complaining of electric shocks suffered in showers. The DOD report, in fact, found that KBR’s work throughout Iraq was of poor quality, and named 53,000 sites in need of upgrades or repairs.
Democratic senators Byron Dorgan of North Dakota and Bob Casey of Pennsylvania are also involved in the case and, according to CNN, calling for $83 million in bonus payments paid by taxpayers to KBR to be paid back.
"I want them to tell us on what basis can they possibly continue to justify having paid $83 million of the taxpayers' money for shoddy work that resulted in risk to our soldiers," Sen. Byron Dorgan of North Dakota told reporters Friday. "The question for us is, when will there be accountability -- accountability that requires contractors to measure up? And how do we get that from both the Pentagon and contractors?"
KBR has responded with a statement saying “The safety and security of all employees and those the company serves remains KBR's top priority.” The company will no doubt point to further Pentagon findings stating that the Army did not report improper work or set proper electrical standards for contractors.
Stay tuned to this spot for further information on dangerous products and shoddy workmanship affecting our soldiers in Iraq and Afghanistan. Meanwhile, if you or someone you know has been injured or made ill as a result of using a defective product, you may have legal recourse. For a thorough investigation and caring, aggressive representation, call MLN Law at (404) 531-9700 for more information.
Labels: product liability
McAdams, who was 32 at the time, was driving on GA Route 20 in Bartow County when a tractor trailer coming the other way swerved, went off the road into a ditch, and struck several trees before crossing the center line. The large truck hit McAdams’ car, and she was airlifted to Grady Memorial Hospital after the accident injured her in several places. Her attorney Michael Werner explained, “Ultimately, she required a total hip replacement due to bone loss and destruction of her hip.”
The truck driver said that he swerved to avoid a red car approaching in his lane. McAdams sued the trucking company, Vend Service Inc., in Floyd County Superior Court because the company is located in Rome. She also sued the driver of the truck and the driver of a red car, know only as John Doe. Two of the witnesses, however, said that there may not have been a John Doe driver. Defense attorney Thomas Brennan suggested that this was one reason for the settlement, along with the fact that “their expert said she’d be in a wheelchair most of her life.
McAdams’ attorney Werner said, “The expert testimony was all over the place. Our doctor was saying she was going to need a hip revision every 10 or 15 years. The defense expert said no, she would be fine, it would only be one more, and she would be able to resume an active lifestyle.” As this case illustrates, expert testimony is not always consistent. In personal injury cases, the attorneys for large trucking companies often find experts who will make their case stronger.
The $5.4 million settlement was reached on July 16 during a pre-trial mediation conference at Henning Mediation and Arbitration Service in Atlanta. Not all cases go to trial; many are settled out of court. A mediation service provides a neutral third party to facilitate discussion between the parties and their attorneys. The neutral party or mediator also helps in settlement negotiations but does not have any decision-making power. In a mediation, both parties must voluntarily agree to a settlement.
At MLN Law, we explore all avenues of just compensation, including mediation and, if necessary, litigation. While some cases are settled out of court, we prepare for every case as if we’re going to trial. We want to get the best possible settlement for our clients; that entails securing important evidence as well as expert witnesses. If you’ve been injured in a tractor trailer accident, time is of the essence. You need to hire an experienced attorney as soon as possible so that he or she can preserve evidence. If you have any questions about tractor trailer injury law, all MLN Law at 404-531-9700 to schedule your free consultation.
Labels: tractor trailer, truck accident, truck wreck
Scientists at the University of Rochester (New York) recently announced that the blue dye used in M&M’s and Gatorade might just have another use – reducing the severity of spinal cord injuries. Scientists made the discovery after injecting the compound Brilliant Blue G (BBG) into mice suffering from spinal cord injuries. After the injection, the formerly immobile mice were able to walk again, though with a limp.
Of course, as with any miracle cure, there were side effects to contend with. The side effect of the injection? Test mice turned what can only be called a brilliant shade of blue.
The finding was published in the Proceedings of the National Academy of Sciences and research started after a previous spinal cord injury study from the University of Rochester found that Adenosine triphosphate (ATP, or, as it is also known, “the currency of life”) surged to the site of spinal cord injuries soon after they occurred and actually killed healthy cells unaffected by the initial injury. The previous study, conducted five years ago, found that injecting oxidized ATP into a recent spinal cord injury actually reduced the severity of the injury.
But that treatment method had flaws, said lead researcher Maiken Nedergaard, professor of Neurosurgery and director of the Center for Translational Neuromedicine at the University of Rochester Medical Center.
“While we achieved great results when oxidized ATP was injected directly into the spinal cord, this method would not be practical for use with spinal cord-injured patients. First, no one wants to put a needle into a spinal cord that has just been severely injured, so we knew we needed to find another way to quickly deliver an agent that would stop ATP from killing healthy motor neurons. Second, the compound we initially used, oxidized ATP, cannot be injected into the bloodstream because of its dangerous side effects,” Nedergaard said.
The discovery that blue food coloring could transform an injury that could cause paralysis into one that a patient could walk off came due to Nedergaard’s realization that a certain blue food dye could counteract the molecules that allow ATP to latch onto and kill motor neurons in the spinal cord.
While BBG is not a cure for spinal cord injuries, according to Nedergaard, it could help reduce their severity. Currently, 15% of spinal cord injuries are treated with steroids while the other 85% are untreated. Said Nedergaard, doctors questions whether steroids even work to reduce spinal cord injury.
According to scientists, BBG must be administered immediately after the injury and before any more neurons can be killed by surging ATP. The treatment may soon be tested in clinical trials on human patients.
"Even a moderate improvement in functional performance of the patient is a big, big event for these patients," she said. "They can control their bladder. If they can just take small steps instead of sitting in a wheelchair all the time, it's a tremendous benefit for these patients," Nedergaard told CNN.
Visit CNN.com for more one this story, including a picture of one of the blue mice.
Labels: spine injury
The symptoms of a TBI may be obvious or subtle. Erin Patrice O’Brien, author of the article, points out, “You may think you don’t know anyone with a brain injury, but they’re all around you. One could be the person you see lose his temper with the store clerk because sports-induced concussions left him short-fused. Another could be your neighbor who keeps locking her keys in the car or the man who looks healthy but needs a few tries to push a revolving door.”
In 2006, O’Brien’s husband Bob was injured by a roadside bomb in Iraq while working as a journalist for ABC News. Shrapnel shattered his skull, and doctors didn’t know if he would ever walk again or regain mental function. Bob was in a coma for 36 days. When he woke up, he couldn’t think of simply words like “scissors.” Today Bob has resumed his roles as husband, father, and journalist. Advancements in cognitive rehabilitation helped Bob to recover. Twenty years ago, he may not have made such a recovery.
“One of the advancements in rehabilitation is to make the therapy person-centered,” said Dr. Lori Terryberry-Spohr, brain-injury program manager at Madonna Rehabilitation Hospital in Lincoln, Neb. “We can tailor it to the individual’s goals, strengths, hobbies, interests, and occupations.”
For example, a cognitive rehab specialist might use dog-walking as part of the therapy for an animal-lover. This would improve the patient’s mobility, sense of direction, and interaction with normal life.
A TBI may damage the connections between nerve cells, or neurons. Neuronal signals control memory, thought, speech, and movement, among other functions. A TBI may temporarily or permanently disconnect these signals.
“One helpful analogy is to think of the brain’s neural pathways as highways,” explains O‘Brien. “A brain injury is like a jackknifed tractor-trailer stopping traffic. With proper medical attention and therapy, the brain repairs itself. Neurons that ran from point A to point B can grow back in different ways and make new roads, and the brain rebuilds new paths to functions like speech and memory. They might not be exactly the same as before, but they’re still effective.”
“The more sophisticated the function, like complex thought or writing, the longer it takes,” said Dr. Col. Rocco Armonda, senior Army neurosurgeon at Walter Reed Army Medical Center in Washington and at Bethesda Naval Hospital in Maryland. “But over 70 percent of our patients with the most severe injuries are now approaching functional independence after treatment, and that was unheard-of previously . . . Research points to the amazing regenerative powers locked in our brains. The proper therapies can help with the unlocking.”
Cognitive rehab helps TBI patients relearn their own abilities using specific strategies to make up for injury-related deficits. For example, someone who has trouble recalling words might learn to remember them by associating them with a familiar object. In this way, they build new neural pathways.
Traumatic brain injuries often cause changes in personality as well as executive functions like memory and reading. Cognitive therapy helps TBI patients address personality changes, too. Patients learn to recognize negative thought patterns. The solution may be as simple as taking a mental “time-out” and breathing deeply for 10 seconds.
Last year researchers at the Defense and Veterans Brain Injury Center in Washington found that cognitive rehab - learning how to think through tasks - enhances cognitive recovery and helps patients return to work or school at a higher rate than those whose treatments focus on the physical aspects of tasks. The earlier the patient begins cognitive therapy, the better the outcome.
Unfortunately, most health insurance plans do not cover cognitive therapy!
“You’d never have a problem getting insurance to cover a broken bone or injured shoulder, but it is routinely denied for therapies that help brains heal,” said Susan H. Connors, president and CEO of the nonprofit Brain Injury Association of America. “Brain injury is often invisible since changes are on the inside. Because of this, help and awareness are not as widespread as they should be.”
O’Brien reminds families of people with TBI that the recovery will be a marathon and not sprint. If you or a loved one has suffered a traumatic brain injury, you need an experienced attorney who can get you the monetary settlement you need to make a full recovery. Call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: traumatic brain injury
After the city of Duluth cancelled their contract in March, LaserCraft – the company hired to man the red light cameras – continued to monitor traffic at the three intersections and found that traffic violations soared when drivers knew the cameras were no longer in service. The city did not hand out any statistics on accident prevention, but as we discussed last week at the MLN Law Blog, running red lights is one of the top 10 most lethal driving mistakes and 75% of accidents occur in cities due to drivers stepping on the gas instead of the break when they see yellow.
Murfreesboro, Tennessee did run some accident comparisons when first installing their red light cameras and found some positive results. According to the city police chief, side impact collisions at red lights dropped by 8% at intersections where the cameras were located.
But all the news wasn’t so rosy. While side impact crashes decreased, rear impact crashes actually increased by 24% at the same intersections. According to Murfreesboro police, the aim of the red light cameras was to decrease side impact crashes because they are ultimately more dangerous to drivers and passengers. They also announced that drivers involved in rear impact crashes at the sites of red light cameras did not indicate that stopping quickly due to the cameras was a factor in their wrecks.
Many private citizens and some groups, such as the National Motorists Association (admittedly a group that advocates such “common sense” traffic laws as raising speed limits), are not impressed by claims that red light cameras improve safety when the actual number of wrecks at an intersection increases. To back up their claims, other studies conducted by the North Carolina A&T State University’s Urban Transit Institute (on behalf of the U.S. Department of Transportation), the Virginia Transportation Research Council and the Ontario Ministry of Transportation also showed an increase in rear end collisions at sites with red light cameras. See a U.S. Department of Transportation study with the same findings here.
Anti-red light camera groups maintain that the devices are all about introducing automated revenue generating machines for counties and municipalities, and point out that, even then, an increase in the number of crashes necessitates more response by firefighters, police and paramedics and causes more damage to vehicles overall.
On the other hand, the Insurance Institute for Highway Safety points out that red light running is the most common cause of fatalities in urban wrecks. The Institute also reports that in a study conducted in 2000 that most Americans do indeed support red light cameras.
The red light camera debate is an interesting argument with good points from all sides. While red light cameras may increase collisions, they also seem to lower fatalities. What are you opinions on red light cameras? Are they money making machines or worthwhile safety precautions?
Labels: driver safety
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