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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We hope you will continue to follow us on our new location. 

Regards,

Christopher L. Jackson, Attorney at Law

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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.

Drowsy Driving

Sleepiness causes more than 5,500 traffic deaths a year and is a factor in nearly 17 percent of all fatal crashes, according to a new analysis of federal data.

The AAA Foundation for Traffic Safety of the National Highway Traffic Safety Administration (NHTSA) released data from 1999 through 2008 which found a much higher prevalence of drowsy driving in deadly crashes than earlier studies.  A 1994 study found it was a factor in 3.6 percent of fatal crashes, and the NHTSA has said it played a role in crashes 2-3 percent each year.

AAA Foundation researchers determined the higher crash rate by extrapolating from crashes in which drowsy driving was confirmed as the cause to reach what they say is a more accurate estimate.  Its analysis included a survey that found that 41 percent of drivers admitted to having fallen asleep behind the wheel at some point, and one in 10 drivers said they had done so in the past year.

According to the National Sleep Foundation, some warning signs that you are too tired to drive are if you have difficulty focusing, frequent blinking and/or heavy eyelids, trouble keeping your head up, drifting from your lane, inability to remember the last few miles or yawning repeatedly.

If you have been involved in an auto accident  in Cincinnati or Northern Kentucky and feel you need legal representation, call me,  Christopher L. Jackson, Attorney at Law, at (859) 261-1111.

Apple Asks for $2.5 Billion in California Battle with Samsung

The damages figures for Apple v. Samsung are in.

 

In the suit headed to trial Monday, Apple will ask for $2.5 billion over claims that Samsung copied features of the iPad and iPhone in some of its Galaxy line of products.

 

Apple's lawyers at Morrison & Foerster revealed the figure in a trial brief filed just after midnight Tuesday.

 

"Apple conservatively estimates that as of March 31, 2012, Samsung has been unjustly enriched by about [REDACTED] and has additionally cost Apple about $500 million in lost profits," MoFo's Michael Jacobs wrote in the filing. "Apple also conservatively estimates that it is entitled to over $25 million in reasonable royalty damages on the proportionately small set of remaining sales for which it cannot obtain an award of Samsung¹s profits or Apple¹s own lost profits, for a combined total of $2.525 billion."

 

Before signing off, Jacobs writes: "Apple looks forward to a trial that will vindicate its intellectual property rights. Samsung must play by the rules. It must invent its own stuff. Its flagrant copying and massive infringement must stop."

 

Minutes later, Samsung's lawyers at Quinn Emanuel Urquhart & Sullivan fired off its trial brief, saying "Apple's overreaching claim for damages is a natural extension of its attempt to monopolize the marketplace."

 

"It demands the entirety of Samsung's revenues on the accused phones and tablets for the alleged infringement of a design patent that shows little more than a blank rectangle with rounded corners," a brief signed by Quinn partner Victoria Maroulis says.

 

And the deluge of filings continues  ...

Problems with The Intoxilyzer 8000

 Charged with DUI or OVI in Cincinnati, Ohio? 

Did you take a test on the new Intoxilyzer 8000?  

 

The Intoxilyzer 8000 has been in service in Ohio since 2009.  It has come under some heavy fire from defense lawyers across Ohio. OVI and DUI lawyers in Cincinnati, Ohio are winning cases against the Intoxilyzer 8000 for the following reasons:

 

• It can take as many as 20 tries to get a valid result.
• The Intoxilyzer 8000 is not in compliance with the Ohio Dept. of Health (ODH) Regulations.
• The state is unable to prove the Intoxilyzer 8000 is a reliable machine.
• The state is unable to obtain the testimony of necessary witnesses from ODH, like the person that calibrated the machine or placed it into service.
• The state’s expert from ODH was not tested as required by Ohio Administrative Regulations before being issued a valid operator access card to use the Intoxilyzer 8000, but was in fact “given” a card by the director of ODH.
• The ODH does not have the source code and does not know the patent number of the Intoxilyzer 8000.  The source code from the manufacturer would allow third parties to test the reliability of the software program that calculates the blood alcohol content from a breath sample.
• The ODH does not know who decided to purchase the Intoxilyzer 8000 and does not know who was on the governor’s committee that reviewed the Intoxilyzer 8000, or what that committee’s recommendation was to the Director of ODH as to the Intoxilyzer 8000.
• The ODH has told courts that the records are maintained on the website, but some records have gone missing, were never available, and in fact the disclaimer on the website says that they make no guarantee of the accuracy of  The ODH has not been able to testify as to why it believes the Intoxilyzer 8000 is a reliable machine for testing breath in OVI cases.
• One judge went so far as to say in his opinion that he has heard no evidence from ODH to lead him to believe that the machine is accurate and reliable.
• In many cases the court suppressed the evidence from the Intoxilyzer 8000 machine.

If you have been charge with DUI or have any issue with driving under the influence in Cincinnati or Northern Kentucky, call me,  Christopher L. Jackson, Attorney at Law, at (859) 261-1111.

St. Louis Suburb Ordered to Pay $3.1M to Police Chase Victims

A verdict from a St. Louis County jury "sends a message" to the village of Uplands Park that its police officers owe it to innocent motorists not to take their safety for granted during a police chase, according to the attorney representing the plaintiffs in the lawsuit.

 

Uplands Park was ordered by the jury in a personal injury trial to pay a total of $3.1 million to the family of a woman who was killed in a car accident during a high-speed police chase. The collision took the woman's life and injured her children and two other relatives. During trial, the plaintiffs contended that the volunteer police officers who initiated the chase caused the accident by failing to call it off soon enough.

 

The fatal incident took place on Dec. 3, 2009. The victim, 34, was driving to a relative's home to help hang Christmas decorations along with her daughter, 12, and son, 7. Also in the car were the victim's sister and her 5-year-old grandson.

 

Meanwhile, a pair of volunteer police officers spotted a car allegedly speeding and began pursing it. The officers said the suspect, then 16, was going 46 miles per hour and sped up as they pursued. They admitted picking up speed to try and chase him down. A witness estimated the vehicles passed her at nearly 80 mph shortly before the collision.

The suspect's vehicle crashed into the victim's car, fatally injuring the woman and severely injuring her sister, son and grandnephew. The suspect said that the accident was caused when the police car bumped him into the victim's car, though the officers denied that. They contended that they ended the pursuit and were far behind when the crash occurred.

 

However, the jury found on June 7 that the officers were at least partly liable for the death and injuries. Jurors awarded damages to each person in the car and for compensation for the 34-year-old's death. The verdict totals about $3.1 million, though that may come down due to a Missouri law capping damages for personal injury verdicts against municipalities.

 

The plaintiffs' attorney said the size of the verdict "sends a message" to Uplands Park and others who use volunteer police forces. The driver of the squad car lacked police certification and has been charged with holding a police commission without a license.

Source: St. Louis Post-Dispatch, "St. Louis jury awards $3.1 million for police chase that ended in fatal crash," Jennifer Mann, June 8, 2012

If you or a loved one have been involved and/or injured in a car accident in Cincinnati or Northern Kentucky, call me,  Christopher L. Jackson, Attorney at Law, at (859) 261-1111.

Bengals' Jones Back in the News, and Back in Court

While it's the NFL offseason, and training camp isn't scheduled to start for over a month, Adam "Pacman" Jones is again back in the news and not for his skills on the gridiron.  A Las Vegas court recently sentenced him for his involvement in the 2007 strip club shooting. Jones has been ordered to pay $11.7 million dollars in damages to the victims. 

The shooting was made famous by Jones's throwing several thousand dollars into the air in an attempt to "make it rain". Hot tempers escalated the situation into a fight and subsequently a shooting.  While Jones was not one of the shooters, he pled no contest to misdemeanor conspiracy to commit disorderly conduct and was given a year of probation and ordered to perform 200 hours of community service. 

Jones has a long history of run-ins with the law and suspensions from the NFL.  He recently signed a one year, $950,000 deal with the Bengals during the offseason.  

Read more about Jones's sentencing and his past legal challenges here: Adam Jones to pay $11M in Damages

New Distracted Driving / Texting Law Goes into Effect in Ohio

A texting while driving ban has been on the table in Ohio for some time now, but it wasn’t until June 1 when the new law was signed. According to the Columbus Dispatch, Governor John Kasich was surrounded by a number of victims and family members effected by distracted driving, when he signed the bill on Friday to make Ohio the newest state with a texting while driving law.

The new law will go into effect on September 1, 2012. While the main provision of the law will be a ban on text messaging and driving, it will also account for drivers under the age of 18 to be banned from using any electronic devices, no matter whether they’re making a call or a text message.

The new law for minors will be a primary enforcement ban, meaning a violation would produce a $150 fine and a 60 day license suspension. A second violation would bring a $300 fine and a suspension of a license for a year’s time. None of these fines or suspensions will be levied during the first 60 days of the ban being in place, however, as law enforcement officers will be issuing warnings.

According to the report from the Dispatch, the governor was questioned on how successful the state could be in enforcing the new laws. Kasich responded by saying that “law enforcement will know how to enforce the law and will do so aggressively.”

It’s likely that the enactment of the new law is just the start of add-ons related to distracted driving in the state of Ohio. The law will be closely monitored for success by state leaders and depending on the impact of the law, there could be improvements added into the future.

Of course the new law will help cut down the distracted driving accidents in Ohio, but this new law will come with some discrepancies.  There are potential rights violations in question:  How will the police accomplish and enforce this new law? How will they distinguish a minor from an adult driver? Minors can be pulled over and charged for the violation as a primary offense while adult drivers would have to commit another violation before police could enforce the law onto them.  This could cause many issues for young adults pulled over and cited for texting while driving when the officer may have assumed he/she was a minor.

The Bottom Line: No matter why you may be pulled over, it’s important to know your rights.  If you become accused of a traffic crime in Cincinnati or Northern Kentucky, such as texting while driving, reckless driving, driving with a suspended license, a hit and run or another traffic violation in Ohio, call me,  Christopher L. Jackson, Attorney at Law, at (859) 261-1111.

The Top 10 Things to Do if You're Involved in an Accident

1. Stop. Do NOT leave the scene.
2. Call the police and ambulance (call 911 if available).
3. Protect the scene. If possible, do NOT move cars.
4. Get information from the other drivers.
5. Do NOT admit liability or fault.
6. Get names and phone numbers of witnesses.
7. Take pictures of cars and the accident scene with a camera/phone.
8. Do NOT give a statement to anyone but the police.
9. Call your lawyer, Christopher L. Jackson, Attorney at Law, (859) 261-1111.

Is Your Doctor Lying to You?

What is the number one preventative way to avoid medical mistakes? Effective communication. This could mean communication between doctors and nurses, between all levels of staff members, and most importantly, medical providers and their patients. Communication is vital before, during, and after medical care has taken place.  

 

Unfortunately, lines of communication are often poor.  Even more disturbing are recent study results illustrating that medical providers often lie to their patients after a mistake was made out of fear of being sued. These lies often compound the situation rather than help those who made the mistake.  Researchers also fear that a large percentage of patients have not been given complete information about their conditions or their options. Without accurate information, patients and their families are less likely to make well-informed decisions concerning their own medical care. 

 

Many doctors feel that presenting facts in the best possible light will reduce stress and make patients feel more positive about their care and their outcomes. In reality, the majority of patients prefer straight forward, honest communication about their care or errors made by medical professionals. Patients who have been given factual information are less likely to be angry with their doctors, and less likely to call their attorneys and bring forth medical malpractice claims, even after mistakes have been made. 

 

When communication is poor, mistakes will be made between all parties involved in a patient's medical care. Miscommunication, distortion of the facts, or withholding of information that only makes a patient's condition worse could be considered negligence on the part of the medical staff.  

 

For more information about this Harvard Medical School Study, click here:  Many Doctors Tell White Lies

 

If you or someone you know needs assistance a medical malpractice issue, contact the Law Offices of Christopher L. Jackson, LLC. In Ohio, please call (513) 861-8000. In Kentucky, please call (859) 261-1111. For more information, please visit www.christopherjacksonlaw.com.

Highly Publicized Wrongful Death Trial Begins in Philadelphia

FOX News is reporting that video played at the opening of a wrongful death trial shows that one of two Hungarian tourists killed in a boat collision threw her life vest to a deckhand who jumped overboard just before the crash.

 

Attorney Robert Mongeluzzi said 16-year-old Dora Schwendtner threw her own life preserver to the deckhand moments before their sightseeing boat was run over by a tugboat-guided barge on Philadelphia’s Delaware River.

 

The families of Schwendtner and 20-year-old Szabolcs Prem, are suing the tour company and the tugboat operator, saying unclear safety policies and ineffective training caused the collision.

 

Tug operator K-Sea Transportation and duck boat operator Ride the Ducks blamed each other Monday for causing the July 2010 crash.

 

Prem and Schwendtner, whose group was visiting the U.S. through a church exchange program, drowned when their amphibious tour boat capsized and sank after being struck by the barge on July 7, 2010.

 

Their families have filed wrongful death lawsuits against K-Sea Transportation of East Brunswick, N.J., which operated the tugboat guiding the barge upriver; Ride the Ducks of Norcross, Ga., which operated the tour boat; the city of Philadelphia, which owned the barge, and others. But before the wrongful death lawsuit may proceed, a judge must decide whether a limit should be set on the financial liability of the two boat owners. K-Sea and Ride the Ducks, citing an 1851 maritime law, want the judge to cap their financial liability based on the value of their own vessels involved in the crash: $1.65 million for the tug and $150,000 for the duck boat.

 

Read more: http://www.foxnews.com/us/2012/05/07/fatal-tour-boat-crash-trial-to-begin-in-philadelphia/?test=latestnews#ixzz1uH2dfiAr

Nursing Home Abuse

The thought of it is disturbing, but abuse of the elderly occurs all too frequently. They are some of society's most vulnerable people, but senior citizens are at perhaps their most vulnerable when their living situations make it clear that they cannot easily defend themselves.

Nursing home abuse takes many forms, but all of it is damaging in some way – emotionally, physically, or financially. As the elderly population increases and the social dynamics of our society begin to favor nursing home care over in-home care, we must be evermore vigilant in protecting senior citizens from abuse. Knowing the the signs of nursing home abuse and contacting an experienced lawyer if you know of or suspect abuse is critical in the fight against nursing home abuse and neglect.

Understanding types of nursing home abuse may go a long way to preventing it in our society, or at the very least protecting your loved ones from suffering its consequences.

Physical Abuse

Physical abuse in nursing homes is a major problem in the United States today. Physical abuse can be defined as non-accidental use of physical force against an elderly person. This force can result in pain and impairment; in extreme instances it can result in death if the injuries are untreated through nursing home neglect (another significant form of abuse). Physical abuse can also include the inappropriate use of drugs for a variety of reasons, including incapacitation, or the unnecessary use of physical restraints.

Physical abuse is perhaps the most obvious form of abuse because its impacts can be observed by others in the form of bruises or injuries. Unfortunately, other forms of abuse can damage an elderly person in much more subtle or even hidden ways.

Emotional Abuse

In this type of nursing home abuse, the elderly person can be left in emotional pain or distress or even a state of anxiety or fear. Abusers speak to the elderly person in a way that can leave a lasting impact and even lead to physical symptoms if the anxiety caused by the abuse is significant enough.

Types of verbal emotional abuse include shouting or threatening language, ridicule and verbal humiliation, and consistent blaming of the elderly person for things that are not his or her fault.

Emotional abuse can also be passive. While less aggressive, it has the potential to be equally damaging. These passive means may include ignoring the elderly person or subjecting him or her to states of extended isolation. Often categorized separately, this isolation and neglect can be so extensive that caregivers are no longer fulfilling the legal obligations of their positions. While neglect may even be unintentional, this form of nursing home abuse can still severely damage the emotional well-being of an elderly person.

Financial Fraud and Exploitation

Perhaps the most common form of abuse of the elderly is financial. These abusers use their position of authority to extort money or simply gain the trust of an elderly person, especially one who is lonely and predisposed to any friendly approach. The financial fraud may be as simple as slowly stealing money from an elderly person or as complex as a scam designed to completely deplete a person's life savings.

Caregivers and strangers are both potential perpetrators of this abuse, and so it is important to understand the ways in which it might happen.

It is possible that caregivers could intentionally misuse an elderly person's credit cards or bank account information. It would not be unusual for a caregiver to have access to this information, and so care should be taken to limit the possibility that these funds could be accessed without the elderly person's permission. A more complex and sinister shape that this abuse could take is outright identity theft, which would be particularly easy for a caregiver in a position to access all of the required information.

A potentially more damaging form of fraud perpetrated by caregivers is healthcare fraud. In this type of fraud, money is charged for services that are then not delivered. They may be services or medications that the person desperately needs but will not receive. This form of nursing home abuse could result in illness or death, and so medical services and providers should be monitored closely.

A range of scams perpetrated by con artists tend to directly target elderly people. A particularly common one is a prize announcement in which the victim is told they have been awarded a "prize," but an up-front fee must be paid to claim it. This is always a scam. Another scam often targeted at the elderly is a fake charity. With a little inside knowledge, the charity can be tailored to the elderly person's personal interests and charitable tendencies. When the check is written, however, all the money goes to the scam artists.

Sexual Abuse

Easily the most distasteful form of nursing home abuse is the sexual abuse of the elderly. This is non-consensual sexual contact or interaction, usually between a caregiver and an elderly person. This is troublesome for its very nature, of course, but also because the caregiver is in a position of authority, power, and dominance over the potentially incapacitated victim.

This form of abuse does not necessarily have to be physical. It can also include the forcible viewing of pornographic material or sexual acts, or forcing the elderly person to undress without cause.

Other forms of Nursing Home Abuse

Other forms of nursing home abuse can include (but is not limited to):

• Dehydration
• Malnutrition
• Bed Sores
• Medication Errors
• Transport Injuries
• Falls on the Nursing Home Property
• Sudden, Wrongful, or Unexplained Death
• Wandering Off
• Hazardous or Unsanitary Conditions

If you or someone you know needs assistance with nursing home abuse, contact the Law Offices of Christopher L. Jackson, LLC. In Ohio, please call (513) 861-8000. In Kentucky, please call (859) 261-1111. For more information, please visit www.christopherjacksonlaw.com.

 

BILLINGS, Mont. (AP) — A 90-year-old woman residing in an assisted-living facility in Billings has won a $34.2 million judgment against her Omaha, Neb.-based insurance company for suspending payments for her dementia care.

Arlene Hull and her daughter sued Ability Insurance Co. in 2010 after the company ended her assisted-living benefits. Ability said Hull no longer qualified after a review found she didn't need "continual supervision due to a severe cognitive impairment" and that her doctor said she was moderately, not severely, impaired.

Hull's attorney, Mike Abourezk, said the company misinterpreted the policy and misapplied the rules.

The Billings Gazette reports (http://bit.ly/Hwwrwr ) the benefits were restored last year, but the company refused to pay for the nearly two years during which coverage was denied.

After a trial last week, the jury on Friday awarded Hull $250,000 for breach of contract; $2 million for violation of Montana's Unfair Trade Practices law; and $32 million in punitive damages.

Hull, who was diagnosed with Alzheimer's disease in 2007, did not testify, but the jury saw video of her.

Another of Hull's attorneys, Daniel Bidegaray of Bozeman, said he expected Ability to seek to reduce the punitive damages because the state caps such awards at $10 million. He also expected them to appeal.

Ability attorney Paul Collins declined comment on the jury's decision or the possibility of an appeal.

Is Your Wire Grill Brush a Dangerous Product?

With the weather getting warmer, more people will be going outside to turn on the grill and start cooking meat, poultry, and other food items. While grilling is considered healthier than frying foods, there are also some risks involved. E.coli risks go up if you fail to properly grill your meat or chicken or you cook contaminated food products and burnt meat can contain carcinogens. However, there is another possible health risk being reported that involves use of a wire grill brush. Used to free up charred remains from the grill and protect the grill rack from damage, some medical professionals are reporting that there are patients seeking treatment for injuries because they've accidentally ingested the brush's wire bristles.

According to a study involving doctors at Rhode Island Hospital, between May 2009 and November 2010, six patients were admitted to the emergency room there because of wire bristle ingestion. These patients came in complaining of abdominal pain and painful swallowing. They all had just eaten grilled meat. CT scan and x-ray results showed that there were wires in the abdomens and throats of the patients. The doctors determined that these were the grill brush bristles that had come off and gotten stuck in the meat.

The study's lead author, radiologist David Grand, says they don't know if this is a widespread problem. He is, however, calling for more research. Meantime, our products liability law firm will continue to monitor developments surrounding the wire grill brush and we will bring you updates.

The doctors had to perform surgery on three of the patients to remove the bristles. Two of these procedures were done on the small intestine, another on the liver. They also took out bristle wires from the necks of three patients. The findings from their study can be found online in the American Journal of Roentgenology.

Obviously, getting wire bristles stuck in your throat or in one of your internal organs can be very painful and could lead to serious health problems--not to mention the complications that might result from having to undergo surgery to remedy the matter.

Grill brush bristles aren't the only products that can cause a grilling accident. Unstable grills that have a defective support design can cause a fire and/or burn injuries, as can propane tank defects. Sometimes the danger is the person grilling because of inexperience or carelessness. Not knowing how to operate a grill or placing it in an area of the backyard that makes it a fire hazard can up the chance of serious injuries or death. Also, person in charge of food might leave meat products out in the sun too long, causing bacteria to grow, which can potentially lead to stomach illnesses and other health issues for those eating.

We represent persons that are seriously injured because of dangerous, defective, and/or poorly designed products. If you or someone you know needs assistance with a product liability issue, contact the Law Offices of Christopher L. Jackson, LLC. In Ohio, please call (513) 861-8000. In Kentucky, please call (859) 261-1111. For more information, please visit www.christopherjacksonlaw.com.

Large Award Paid by Costco for Woman Who Fell in the Store

POMONA - A jury Tuesday awarded a Covina woman who slipped, fell and shattered her kneecap at an Industry Costco store more than $400,000, the woman's attorney said.

Monika Leiterman, 58, was having lunch at the food court of the store, 17550 Castleton Street, April 1, 2009, when she slipped on a puddle of liquid soap and shattered her patella.

The jury ruled 12-0 in favor of Leiterman, the attorney said, awarding her a total of $414,868; $89,868 for past and future medical expenses and $325,000 in past and future pain and suffering.

"I presented evidence that numerous Costco employees had walked by the area of the spill within minutes before Ms. Leiterman fell," attorney said. "They didn't stop and clean it up, as their policies and procedures require that they do."

Costco representatives did not return calls seeking comment.

As a result of the injury, Leiterman has already had one operation in which surgeon's wired her kneecap back together, and may have to undergo two more operations, attorney said.

"She has a lifetime of partial loss of function and mobility and pain expected for the rest of her life," he said.

Costco denied any responsibility in the fall, attorney added. "There was no offer to settle."

The source of the liquid soap spill was uncertain, attorney said, however it likely leaked from a shopping cart.

A Fayette Circuit Court jury has awarded the estate of James Milford Gray $1.45 million in punitive damages from St. Joseph Hospital on Harrodsburg Road for its role in Gray's 1999 death.

The verdict came this week after a three-week trial.

Gray's estate sued the hospital, two doctors, a physician's assistant and three nurses in 2000, accusing them of failing to pay proper attention to the 39-year-old man's symptoms or results of blood tests that indicated his life was in danger. The suit also accused St. Joseph of "patient dumping," the illegal practice of turning away uninsured or under-insured people who need emergency care. And the lawsuit maintained that Gray, who had a criminal record, was told that police would be called if he returned to the hospital.

Gray, a paraplegic since he was shot as a teenager, went to the hospital's emergency room April 8, 1999, complaining of abdominal pain, protracted constipation and vomiting, according to the estate's attorneys. He was given pain medication and an enema, and was discharged.

He returned to the hospital the next day with severe abdominal pain after having vomited blood all night. Laboratory work showed he was critically ill, but the hospital discharged him, and he died several hours later at a relative's home due to peritonitis and a ruptured peptic ulcer, said Lexington lawyer Liz Seif, one of the attorneys for the estate.

St. Joseph and its attorneys have vigorously denied the claims while fighting the lawsuit for 12 years.

One jury trial in the case ended in a mistrial. Then, in 2005, a jury awarded Gray's estate $1.5 million in punitive damages from the hospital. By that time, the hospital was the only defendant.

The latest trial was the result of appeals.

"This case is now 13 years old, and St. Joseph maintains the same position that we have all along, that appropriate care was provided. We plan to appeal the decision once again," St. Joseph spokesman Jeff Murphy said Thursday in an email.

Said Seif: "I feel really gratified in that the jury, once again, saw that the hospital was grossly negligent in its treatment of Milford Gray. We greatly appreciate the jury in this case. They worked very hard. They deliberated for a long time, and their verdict was very courageous."

Read more here: http://www.kentucky.com/2012/03/01/2090916/fayette-jury-awards-145-million.html#storylink=cpy