Personal Injury

Drunk Driving Campaigns

Posted by on Oct 6, 2017 in Uncategorized | 0 comments

If you’ve been anywhere on planet earth where there’s traffic, you’ve almost certainly seen a drunk driving campaign. Each one has its own way; some try and make you feel bad for the innocent people involved, others try and make you horrified at the results, some just try and be cheeky and fun about passing the keys off to your sober friend. Even our Corpus Christi Personal Injury Attorneys push these campaigns on their websites. We’ve seen so many of these things and seen so many drunk drivers anyway; it’s a tough issue to tackle.

All of us tolerate alcohol a little differently and feel it in different ways. Some of us proudly proclaim that they’re very able drunk drivers, while others know they’re not up to par after a drink and quickly pass off driving duties. The issue isn’t really with the second group of people, it’s with the first. Sure, some people can totally get behind the wheel after drinking some and drive just fine and actually be quite safe too, but it’s those same people who think they can still do it after drinking a little too much one night, and then it goes haywire. My good buddy was exactly one of those people.

After a party one night, I got to lay off designated driver duties because my friend was the one who got blasted the night before and I drove us home. Tonight was his turn, and he was a hefty dude who could have a single drink and some water at the beginning of the party and drive safely at the end. That night, however, he decided to have one at the beginning, then another one at the beginning and then a couple in the middle and then who knows how many more after that. At the end of the party, he was still very much in control of his behavior, but he was very uncoordinated. I – being quite drunk myself – couldn’t particularly tell the difference, especially not enough to insist he not be the one to drive. His drunkenness was unknown to me until it was too late.

My buddy was driving fine, with only one little mistake near the beginning of the ride home. He was reacting fine to everything, saw all the road signs, stopped at the lights and everything. Once we’d gotten on the highway, it was pretty much a line drive to get home. He was cruising in the left lane without much traffic around us, until someone starting passing him up from the right side. He got startled and veered off to the left, completely slamming the car into the divider and putting the whole car out of commission.

Luckily, the ending of this story isn’t as dark as a lot of the drunk driving ads we see. We both made it out alive, each had a couple broken ribs, and his left arm was broken, and nobody else was injured. The angle to this story is only slightly different from what we normally see. More often than not, drunk driving isn’t someone who’s swerving all over the road and barely able to see straight, it’s someone whose senses have all been dumbed down just enough to still be in control, but miss one thing and cause a huge mess for everyone. If you think you have a high tolerance for alcohol, you need to check yourself twice as hard as others and be well aware there are others out there who think the same thing and pose just as much of a threat to you as you do to them.

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Oklahoma Nursing Home Abuse

Posted by on Aug 30, 2017 in Uncategorized | 0 comments

Nursing homes and assisted living facilities are meant to be a place of trusted care for elderly loved ones. These organizations aim to provide elderly individuals help with medical needs and daily tasks that other family members often cannot manage on their own. However, these environments are also associated with a history of abuse and neglect, due to the power imbalance between caretakers and residents. Elderly individuals are one of the groups most at risk for abuse because they are often unable to care for themselves. Unfortunately, much of the time, these abuses are not reported until after they have been occurring for an extended period of time. This was the case in a residential care facility near Vinita, Oklahoma.

Oklahoma new source, News On 6, reported on the closure of the Branding Brook Independent Living center, in January 2017. The center’s owner, Robyn McKinney opted to close the facility, after she was charged with over 15 different counts, most for caretaker abuse and one for assault and battery. McKinney owned and operated this facility for physically and mentally impaired elderly and was allowed to continue her abusive behavior for a significant amount of time. None of the residents or their family members had reported the previous abuses, but the incidents were finally brought to light after she attacked and bit a resident. These physical marks of abuse were unavoidably obvious, and another individual called police officers to make a report. All residents of this facility have been placed with other assisted living centers, and their personal and medical records are no longer in McKinney’s possession. Additionally, McKinney is facing felony charges for her repeated abuse of these residents.

Abuse of any kind is absolutely unacceptable, but the abuse of the elderly feels even more despicable. These individuals require the assistance of others after they have lived good and long lives. They deserve to be treated with respect and dignity, yet some people view this as an opportunity to exploit weakness. Over the last decade, the U.S. has become more aware of the many cases of nursing home abuse, but it is a difficult problem to end. Many of these cases are not reported, and even when they are, they are often not taken seriously, or the consequences of these actions are lenient at best and nonexistent at worst. Thankfully, Robyn McKinney is facing justice for her actions, but there are many other abusive caretakers who do not face the same treatment.

The families affected by McKinney’s despicable actions are likely feeling frustrated and angry at this situation, but they have the right to fight back. With the help of an experienced personal injury lawyer, these families can file a lawsuit and receive compensation for the physical, emotional, and financial losses caused by this nursing facility. Anyone who has faced nursing home abuse needs to understand their rights, and how they can end their own abuse and abuses across the country.

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Cerebral Palsy Types

Posted by on Nov 19, 2015 in Uncategorized | 0 comments

Cerebral palsy (CP) is diminished motor development on account of harm to the cerebrum, resulting in disordered palsy or movement which affects a little over 2 in each 1,000 live births. The harm might occur in early childhood, during delivery, or during pregnancy. The illness could result from intrauterine infection, exposure to lead, prenatal asphyxia, birth trauma, insufficient air supply to the brain, brain injury in early childhood i.e. shaken infant syndrome, encephalitis, meningitis, or brain cancers. Children with a low birth weight are believed to be high risk, and generally include premature newborns and multiple-birth. Males are also more inclined to get CP.

A lawyer would probably let you know that an analysis is possible at the time of arrival, but it’s delayed for 1. 5 years for most effective treatments and a more accurate evaluation of motor improvement. CP is a condition that is non-progressive, meaning it won’t grow worse over time.

Cerebral Palsy Types

There are four classifications of CP, based on the part of the brain affected as well as the motor issues. These are:

  • Athetoid/dyskinetic – damage to the basal ganglion results in poor coordination and involuntary muscle movements. This type of CP affects 10% of CP victims.
  • Spastic – damage to the cortex causes muscles to tighten involuntarily, affecting posture and freedom. It is the most common CP type impacting about 80% of the population.
  • Ataxic – damage to the cerebellum causes issues with balance and coordination. It is the least common CP, affecting between 5-10 percent of the CP population.
  • Mixed- a few regions of the mind affect, leading to a variety of signs of the three types in varying levels of intensity.

Costs of CP treatment

There is no absolute cure for CP, but with the proper care and medication it may be managed. However, the expenses may be high, particularly in instances that are severe.

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Cleft Lips and Cleft Palates

Posted by on Aug 9, 2015 in Uncategorized | 0 comments

Pregnancy is a difficult, but often wonderful time in a women’s life. Expecting mother’s take every step they can to ensure the health of their future child, suffering through side effects such as morning sickness in the process. To treat morning sickness, many women began taking the doctor-prescribed drug Zofran or its generic version to prevent nausea and vomiting. However, when a fetus is exposed to this drug, a number of birth defects can form including a cleft lip and cleft palate, according to the website of Williams Kherkher. While this is often confused as just a problem that affects appearance, it can also cause a number of physical problems.

A cleft lip or cleft palate can cause difficulty feeding in newborns, making it harder for them to form their lips or mouth properly. A cleft palate, in particular, can also cause difficulty breathing as it deforms the jaw. One of the more unknown effects of a cleft lip or palate is the increased risk of ear infections. As cleft children suffer from a malformation of the upper air way, ear infections such as middle ear are more common. A cleft can also affect the development of teeth and the ability for teeth to grow correctly. Further, as children learn to speak with a cleft lip or cleft palate, they may experience speech problems early on that last throughout their life.

After taking Zofran, many women began seeing cleft lips or cleft palates in their children with the side effects causing serious health complications. With the often devastating results of a cleft lip or palate, it is clear that both are serious medical conditions that cannot be ignored.

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Making a Claim for Unsafe Products

Posted by on Oct 19, 2014 in Uncategorized | 1 comment

Just because you suffered serious injury from using a product doesn’t mean that you are eligible in Massachusetts to make a claim that the product was unsafe. In order to be valid, the claim must include certain elements, as Massachusetts personal injury lawyers you may consult with will explain.

First of all, you have to prove that there was an actual injury or financial loss because of the product. A near-miss does not count, even though the product was clearly dangerous or defective. For example, a brand-new ladder collapses just as you reach the window you are intending to wash. You manage to grab the sill and climb to safety. In this case you have no claim, although you can certainly report the incident to Consumer Product Safety Commission (CPSC).

Next, you need to show evidence that the product is defective in either the way it was made (manufacturing error) or the way it was designed (design defect). It can be easy or difficult, depending on the product. A product liability lawyer would know what expert to consult to determine if the product was defective or not if it is not easily apparent i.e. the ladder broke. It will also help a case immensely if there was no warning about the risks of using the product which may not have been obvious to the consumer, such as a load limit.

Once you have determined that the product is defective, the next thing you need to prove is that the product was the proximate (or main) cause of the injury. If in the example above, you fell down when the ladder collapsed and got a skull fracture, then you have a case. If you tripped on the ladder before ever getting on it and got a skull fracture when it fell on your head, then you don’t.

Which brings us to the last element you need for a valid product liability case: using the product as intended. If your injury occurred while you were using the product correctly and for the intended purpose, you may have a case. For example, in the example above, if the ladder was clearly labeled with a load limit of 350 lb and you climbed on it anyway knowing you weighed 450 lb, you were not using the ladder as it was intended for, which is for loads up to 350 lb.

If your case satisfies all the required elements, then you probably have a valid case. If you haven’t yet, consult with a product liability lawyer to help you.

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The Risk of Cancer Due to Power Morcellators

Posted by on Sep 1, 2014 in Uncategorized | 1 comment

According to the National Institutes of Health, about a third of women in the United States will undergo a hysterectomy before she turns 60. Hysterectomy, a medical procedure wherein the uterus (or the womb) is removed, is done for a variety of reasons:

  • To reduce chronic pelvic pain and uncontrollable vaginal bleeding
  • To remove uterine fibroids (or myomas), which are benign tumors that grow in the uterus
  • To treat infections and different types of cancer (cervical cancer, ovarian cancer or uterine cancer)
  • To treat uterine prolapse, a condition wherein the womb or the uterus slips out of the cervix, falling halfway into the birth canal or vagina
  • Treatment of other conditions, including endometriosis, adenomyosis and pelvic inflammatory diseases

The traditional way of performing hysterectomy is through open surgery, which requires an incision in the abdomen, about five to seven inches long (also called Abdominal Hysterectomy). The modern way, and which more doctors prefer due to its many advantages, is laparoscopic hysterectomy, which necessitates only 0.5-1cm incisions and, therefore, much faster to heal, is easier and faster to perform, less bloody, less painful and reduces chances of infection.

Laparoscopic surgeries make use of a small camera, called a laparoscope, which guides the removal of the uterus, and a power morcellator, a device capable of cutting an oversized uterus and fibroids into small pieces to allow these to be removed through the tiny incisions.

During the early part of 2014, medical reports on the spread of uterine sarcoma, an undetected cancerous tissue in women with uterine fibroids, due to the use of a power morcellator surfaced. This harm that put women’s health and life at risk made the US Food and Drug Administration issue a safety alert on April 17, 2014, to discourage doctors from further using power morcellators in uterus removal (hysterectomy) or uterine fibroids removal (myomectomy) due to the risk cancer development.

Every year, about 50,000 women are treated with a power morcellator during a laparoscopic surgery. Though there is a slim chance that a woman, who has fibroids, can also have the hard-to-detect cancer-causing uterine sarcoma (1 in 350 women according to FDA estimate), the benefits provided by power morcellators still cannot outweigh the risks they can cause.

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