Meningitis Outbreak: Malpractice and Product Liability

Although the source of a recent meningitis outbreak has been traced back to the New England Compounding Center, the impending legal process doesn't figure to be nearly as swift -- or as clear. While plaintiffs are gearing up with lawsuits to secure compensation for the infections and, in many cases, tragic outcomes, it is not readily clear how the courts will determine the outbreak itself -- and those decisions will greatly impact the results of the legal process.

 

Although a contaminated steroid injection was distributed and administered to patients in Arizona and elsewhere across the United States, including the Greater Cincinnati area, determining fault precisely could be a fluid and less than exact matter. Although the compounding center itself was responsible for causing the infection, hospitals and clinics could be on the hook for a number of medical malpractice and wrongful death lawsuits.

 

But it's unclear whether the courts will decide that the injections are a product -- and therefore subject to product liability lawsuits -- or services administered by the health care facility. In either case, the hospital facilities could be liable due to hospital negligence, but the definition will affect how the legal process plays out. The burden of proof is different in product liability and medical negligence cases, respectively. As a result, it's expected that plaintiffs will in a number of cases file both product liability and medical malpractice complaints.

So far, 29 individuals have reportedly died after receiving the injections, with another 400-plus being infected. It is estimated that up to 14,000 people were exposed to meningitis through the injections.

 

Source: Insurance Journal, "Meningitis lawsuits: Product liability or medical malpractice?" Nick Brown, Oct. 24, 2012

 

If you have a medical malpractice or product liability issue, call me, Christopher L. Jackson, Attorney at Law at (859) 261-1111.

Ten Tips for Preventing Road Rage

Recently, a roadside billboard showed an infuriated driver screaming at the car ahead of her while her toddler observed from the backseat. The tag line said, "She learns by watching you."

Like most people, we the anti-road rage advertisement don't apply to us. We are decent, courteous driver, right? Well, not always. 

 

The National Highway Traffic Safety Administration (NHTSA) states that road rage "involves a criminal act of violence, whereas aggressive driving can range from tailgating to speeding to running red lights." The number of deaths related to road rage is difficult to track, but NHTSA estimates that aggressive driving accounts for about one-third of all crashes and about two-thirds of the resulting fatalities.

 

Increasingly congested roadways are a growing source of driver frustration, but studies suggest the real root of aggressive driving lies within each of us. Drivers can cope by taking an honest look at their driving behavior and attempting to reduce their stress level behind the wheel.

 

1. Get your Zs.
A national epidemic of sleepiness is a contributing factor to road rage, according to the National Sleep Foundation. We all know how cranky we get without enough sleep. It makes us prone to feelings of annoyance, resentment and even anger. Eight hours is still the recommended daily dose of sleep for adults.

 

 

2. Plan ahead.
Do you regularly whiz through your morning routine in a whirlwind of chaos, trying to make up time while on the road? Do you allow just enough time to drive to an appointment? Then you're probably also more prone to a lead foot and a lost temper. If you add 10 minutes to your expected travel time, you'll have time to stop for gas, safely navigate those snowy roads or detour around road construction. Also, try preparing clothing, briefcases, children's school bags and lunches the night before to minimize your morning rush. Extra time equals calmer driving.

 

3. Your car is not a therapist.
Many of us love and identify with our cars, but sometimes you can take the "car as extension of self" idea too seriously. If your boss or your spouse left you steaming, take care not to use driving as a way to blow off steam. Competitive types (you know who you are) shouldn't try to prove themselves on heavily traveled thoroughfares — save that enthusiasm for weekend romps on your favorite back roads. No matter how much power you've got under the hood, your vehicle is first and foremost a mode of transportation, not a weapon.

 

4. Turn down the bass.
Without getting into the argument over "aggressive music makes people aggressive," it makes sense that listening to relaxing music — or even a comedy channel on satellite radio — will make you less pumped up for action than a driving bass line. Try tuning in to classical or jazz to reduce stres, or listen to an audiobook. Either way will also help drown out stressful traffic noise.

 

5. Loosen up, then breathe:
If you notice yourself clenching the steering wheel in a death grip, try flexing your fingers and loosening your hold — you'll find that you can control the car just as well. If your right foot is cramped, set the cruise control if traffic allows. If you're on a prolonged road trip, try not to exceed three hours of travel time without a break where you get out and stretch. Struggling to see through a dirty windshield is also an unnecessary stress factor, so fill up with washer fluid before you go. Periodically roll down the window and breathe deeply and slowly.

 

6. It's not about you.
Perhaps another driver cut you off. Or the car in front of you is braking erratically. Before you assume the driver is getting off on your rising anger levels, realize that you, as an individual, are not the target. Perhaps the driver simply made a mistake or was just being oblivious. Maybe there's a screaming baby, a loose pet or a crazed bee in the car. Maybe he was on a cell phone. The point is, don't take things so personally.

 

7. Hostility is toxic. And risky.
People most prone to anger are almost three times more likely to have a heart attack than those with low anger, according to the American Psychological Association. Other health risks seen in those who display hostility include obesity, depression and stroke. Wow, who knew? Safe driving promotes healthy hearts! Not only will giving into anger not resolve an irritating situation, it can increase the risk of retaliation. Think to yourself, "Is making my point worth endangering my life?" If all else fails, do a mental 180 and try to laugh it off.

 

8. Use restaurant etiquette.
While it's upsetting when a stranger is rude or cuts in line in a restaurant or store, most folks wouldn't lose their cool and become abusive as a result. It isn't only because they have good manners. Driving a car makes people feel more isolated and protected, allowing them to act in ways they would normally find embarrassing. So when another driver acts like a jerk, respond as though you're in a restaurant. And we don't mean Chuck E. Cheese's.

 

9. Take the self-test.
Classes designed to help curb aggressive driving often have participants tape-record themselves while driving. Hearing themselves swear or rant on tape is enough of a wake-up call for them to recognize and reduce dangerous behavior. So try analyzing your driving. Do any of the following statements sound like you?

• I regularly exceed the speed limit in order to get to work on time.
• I tailgate other drivers, especially those who sit in the left lane.
• I flash my lights and honk my horn to let drivers know when they annoy me.
• I verbally abuse other drivers whether they can hear me or not.
• I frequently weave in and out of traffic to get ahead.
• I feel the need to set bad drivers straight.

If you answered "yes" to any of these questions, your driving may qualify as aggressive. The American Institute for Public Safety (AIPS) has a more detailed RoadRageous Test that determines if your driving habits fall under the "aggressive zone," "hostile zone" or — worse yet — "war zone."

 

10. Practice kindness:
Dr. Leon James,author of Road Rage and Aggressive Driving, says that remembering simple courtesies, like allowing someone to merge or apologizing when we make a mistake, can go a long way in making the driving experience positive for ourselves and others. His basic motto is the old "do unto others" rule: Treat fellow drivers how you would like to be treated. As additional incentive, reducing your aggressiveness on the road can also keep you out of serious trouble: Several states have created special law enforcement teams to seek out and cite aggressive drivers. Depending on the frequency of offenses, violators may be fined, lose their license temporarily or even face jail time. Often, they are required to take a behavior-modification class as well.

We're all bound to lose our cool at some point, but by planning ahead and keeping things in perspective, we can prevent our emotions from getting the best of us. Putting aggressive driving in park will help to ensure your own safety, as well as the safety of everyone around you.

 

If you've been involved in an accident resulting from road rage, call me, Christopher L. Jackson, Attorney at Law at (859) 261-1111. 

 

Impact of Social Media on Personal Injury/Medical Malpractice Cases

People injured through the fault of another, such as a personal injury case, often must retain a lawyer and see that a lawsuit is filed on their behalf so that their rights are protected. If you are seriously injured by a negligent driver in a truck crash or car accident, or due to substandard medical care, you may need to take your case to court if the insurance company either denies responsibility, or is not willing to be fair in the settlement process. Once a claim is made, or especially when a case is filed, your health and medical history becomes "fair game" for the insurance company or defense lawyers to investigate.

 

What people often don't realize is that the insurance companies and their attorneys have been known to check social media sites to look for postings by people who have made claims for their injuries or filed cases for fair compensation. Injury claims are then compared to statements on sites like Facebook and MySpace, and if there are inconsistencies, they can be used against the injured person. For instance, if a car crash victim who claims an inability to do certain activities, then talks about doing those activities on a networking site, those posts can be exploited by the insurance company fighting the claim.

 

There was an actual case in which a seriously injured crash victim claimed he couldn't engage in vigorous activities such as bike riding like he used to.  He also said he was limited in hobbies such as painting.  Unfortunately, he posted anecdotes about himself biking and painting and then his posts were used to discredit his case and lower its value.

 

Statements taken out of context can be used against even honest and truthful people and posts to social media sites can create unnecessary skepticism and potentially have a huge impact on a legal case. I, Christopher L. Jackson, can advise you through every step of your personal injury or medical malpractice case, including what information not to share on social networking sites. Contact me at (859) 261-1111. 

Medication Errors are an Increasing Problem for Ohio and Kentucky Residents

Many people rely on doctors to provide accurate medical diagnoses and pharmacists to properly fill prescriptions. However, sometimes these expectations are not met. Unfortunately, the result of a misdiagnosis or a prescription mistake can be severe for patients, who often have to file a medical malpractice claim to get their lives back on track.

 

As Americans continue to use an increasing number of medications, it becomes more likely that doctors and pharmacists, if they fail to provide appropriate care, will end up confusing prescriptions. However, medication and pharmacy errors can cause serious personal injuries, and it is patients who are left to pick up the pieces.

 

At least 1.5 million people are harmed each year from medication errors. According to a report released by the Institute of Medicine, hospitals experience at least one error in medication per patient each day.

 

Sometimes patients misunderstand directions and cause their own medication errors. Still, there are other times when a doctor prescribes the wrong medication or the pharmacist makes a mistake in filling a prescription. In these cases, the patient may be entitled to compensation for damages suffered as a result of medical negligence. When a hospital or pharmacist fails to meet a reasonable standard of care, and that failure causes harm, injury or even death to another person, then that person or their family is entitled to compensation through a medical malpractice claim. In the event that the patient is fatally injured, this may also lead to a wrongful death claim.

 

Medical malpractice cases can be emotionally draining and complicated for all parties involved. Ohio residents who have been injured as a result of medical negligence should be fully aware of their rights as victims. If you or someone you love are a victim of a medication error, contact me, Christopher L. Jackson, Attorney at Law, at (859) 261-1111.

 

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Founder of Crocs Arrested for DUI, Blames Taylor Swift

The founder of Crocs shoes was arrested last week for driving drunk after he was allegedly discovered unconscious in his Porsche, but he had a bizarre excuse for his behavior, according to a report from Reuters.

 

Sources say that, when he was approached by Colorado police, George Boedecker said he hadn’t been driving the car. When officers asked who had been driving, Boedecker said his “girlfriend,” pop singer Taylor Swift, had been behind the wheel.

 

The responding officers, naturally, were not convinced, so they pressed Boedecker about the location of his girlfriend, who was nowhere to be seen when officers approached the car.

 

In response, Boedecker reportedly pointed to a nearby yard and claimed that Swift was hiding there. After a cursory search, police officers failed to find the 22-year-old singer, who, luckily, was thousands of miles away at the time.

 

Unfortunately for the entrepreneur and founder of the popular Crocs shoe line, Boedecker’s bizarre behavior did not stop after the claims about his imaginary relationship with Taylor Swift.

 

When the police tried to take the 51-year-old millionaire into custody, he told them he had “17 (expletive) homes” and when police asked him to perform a field sobriety test, he told them “I’m not doing your (expletive) maneuvers,” according to sources. Boedecker’s colorful language, as well as his failure to perform the field sobriety test, could lead to extra jail time or increased fines if he is convicted for a DUI.

 

In many states, DUI laws state that drivers implicitly consent to certain sobriety tests when they get behind the wheel of a car. In these states, if drivers fail to perform they test, they may be presumed drunk, and could face a heavier sentence.

 

Sources are not sure if Colorado consent laws cover field sobriety test, although the state does have a consent law with respect to breathalyzer tests, which measure drivers’ levels of intoxication in a non-invasive manner.

 

Of course, if Boedecker made any physical contact with the police officers, or attempted to flee the scene of the crime, he could’ve faced additional charges of resisting arrest.

 

So the lesson to be learned from Boedecker’s bizarre arrest is, first, do not drink and drive. It’s simply not worth the danger or the potential legal consequences.

And second, if you do happen to be pulled over on suspicion of driving drunk, be on your best behavior when dealing with the police. Giving the police trouble only dares them to add extra charges to the DUI.

 

If you have been charged with DUI, or involved in an accident with a drunk driver, call me, Christopher L. Jackson, Attorney at Law, at (859) 261-1111.

 

 

 

 

The founder of Crocs shoes was arresteThe founder of Crocs shoes was arrested last week for driving drunk after he was allegedly discovered unconscious in his Porsche, but he had a bizarre excuse for his behavior, according to a report from Reuters.

Sources say that, when he was approached by Colorado police, George Boedecker said he hadn’t been driving the car. When officers asked who had been driving, Boedecker said his “girlfriend,” pop singer Taylor Swift, had been behind the wheel.

The responding officers, naturally, were not convinced, so they pressed Boedecker about the location of his girlfriend, who was nowhere to be seen when officers approached the car.

In response, Boedecker reportedly pointed to a nearby yard and claimed that Swift was hiding there. After a cursory search, police officers failed to find the 22-year-old singer, who, luckily, was thousands of miles away at the time.

Unfortunately for the entrepreneur and founder of the popular Crocs shoe line, Boedecker’s bizarre behavior did not stop after the claims about his imaginary relationship with Taylor Swift.

When the police tried to take the 51-year-old millionaire into custody, he told them he had “17 (expletive) homes” and when police asked him to perform a field sobriety test, he told them “I’m not doing your (expletive) maneuvers,” according to sources.

 

And Boedecker’s colorful language, as well as his failure to perform the field sobriety test, could lead to extra jail time or increased fines if he is convicted for a DUI.

In many states, DUI laws state that drivers implicitly consent to certain sobriety tests when they get behind the wheel of a car. In these states, if drivers fail to perform they test, they may be presumed drunk, and could face a heavier sentence.

Sources are not sure if Colorado consent laws cover field sobriety test, although the state does have a consent law with respect to breathalyzer tests, which measure drivers’ levels of intoxication in a non-invasive manner.

Of course, if Boedecker made any physical contact with the police officers, or attempted to flee the scene of the crime, he could’ve faced additional charges of resisting arrest.

So the lesson to be learned from Boedecker’s bizarre arrest is, first, do not drink and drive. It’s simply not worth the danger or the potential legal consequences.

And second, if you do happen to be pulled over on suspicion of driving drunk, be on your best behavior when dealing with the police. Giving the police trouble only dares them to add extra charges to the DUI.

d last week for drunk driving after he was allegedly discovered unconscious in his Porsche, but he had a bizarre excuse for his behavior, according to a report from Reuters.

Sources say that, when he was approached by Colorado police, George Boedecker said he hadn’t been driving the car. When officers asked who had been driving, Boedecker said his “girlfriend,” pop singer Taylor Swift, had been behind the wheel.

The responding officers, naturally, were not convinced, so they pressed Boedecker about the location of his girlfriend, who was nowhere to be seen when officers approached the car.

In response, Boedecker reportedly pointed to a nearby yard and claimed that Swift was hiding there. After a cursory search, police officers failed to find the 22-year-old singer, who, luckily, was thousands of miles away at the time.

Unfortunately for the entrepreneur and founder of the popular Crocs shoe line, Boedecker’s bizarre behavior did not stop after the claims about his imaginary relationship with Taylor Swift.

When the police tried to take the 51-year-old millionaire into custody, he told them he had “17 (expletive) homes” and when police asked him to perform a field sobriety test, he told them “I’m not doing your (expletive) maneuvers,” according to sources.

And Boedecker’s colorful language, as well as his failure to perform the field sobriety test, could lead to extra jail time or increased fines if he is convicted for a DUI.

In many states, DUI laws state that drivers implicitly consent to certain sobriety tests when they get behind the wheel of a car. In these states, if drivers fail to perform they test, they may be presumed drunk, and could face a heavier sentence.

Sources are not sure if Colorado consent laws cover field sobriety test, although the state does have a consent law with respect to breathalyzer tests, which measure drivers’ levels of intoxication in a non-invasive manner.

Of course, if Boedecker made any physical contact with the police officers, or attempted to flee the scene of the crime, he could’ve faced additional charges of resisting arrest.

So the lesson to be learned from Boedecker’s bizarre arrest is, first, do not drink and drive. It’s simply not worth the danger or the potential legal consequences.

And second, if you do happen to be pulled over on suspicion of driving drunk, be on your best behavior when dealing with the police. Giving the police trouble only dares them to add extra charges to the DUI.

Trucking Accidents

By law, trucking companies are required to hire and train safe, qualified drivers.  When they fail to do so, they become liable for any trucking accident that occurs as a result.

 

There are many forms of negligence on the part of the trucking company  regarding its commercial truck drivers: negligent hiring, negligent supervision, and negligent training, including actions such as:

• Hiring drivers without a valid commercial license (CDL)
• Failing to perform a background check into a driver’s safety record
• Not requiring drug and alcohol testing
• Failure to fire a driver when he/she fails a drug test
• Not providing proper training to drivers
• Forcing employees to drive more hours in a day than permitted by law
• Failing to enforce disciplinary action when truck drivers violate regulations 

Through the Federal Motor Carrier Safety Administration (FMCSA), trucking companies must follow specific guidelines aimed at ensuring the safety of all motorists.  For example, a truck driver must have a valid commercial license and drivers must undergo random drug and alcohol testing.  When trucking companies are careless or in a hurry to fill vacant truck driver positions, they may overlook background checks or rush through training in an attempt to satisfy commitments to their customers.

 

When an inexperienced or unqualified driver causes a serious accident, the trucking company is responsible.  Safe driving requires a comprehensive safety program with regular review and updates.  Many trucking companies do not treat their drivers properly or give them the tools to operate a tractor trailer safely, or recognize the tough job a trucker has.

 

If you have been injured in a truck accident caused by the negligence of the truck driver or trucking company, you may be able to obtain compensation for your injuries.  It is important to contact an who understands how to acquire and analyze employee records and training records from the trucking company, including hiring records, dates of employment, training records and other relevant evidence. If you have been involved in an accident with a truck/tractor-trailer , call me,  Christopher L. Jackson, Attorney at Law, at (859) 261-1111.