South Carolina Lawyer Blog

We’ve written before about recalls and how to keep yourself and your loved ones informed and safe. Now we’ve come across an article in the Chicago Tribune about BMW, which has announced a major recall—nearly 1.3 million vehicles worldwide—because of a defect that could cause vehicles to fail to start and perhaps even catch fire.

The problem seems to be a battery cable cover, which may be incorrectly connected in some vehicles. BMW says they are unaware of any owners who have reported injuries due to the defect, but the maker is still recalling all 5- and 6-series autos built between 2003 and 2010. Owners can take vehicles affected by the recall to a BMW dealer or shop for repairs, free of charge.

BMW isn’t the only manufacturer to recall autos this month. The National Highway Traffic Safety Administration (NHTSA) maintains a current auto recall list that owners may want to check. After a quick look, we found Toyota, Land Rover, Hyundai, Subaru, Volvo, GM and even Porsche among the makers on the list this month. The list is updated daily. Owners may also want to consider signing up for personalized recall notices from the NHTSA, which allows users to choose specific auto makers and models.

Unfortunately, this isn’t the first time BMW has run into trouble with defects—the NHTSA recently fined BMW North America for not reporting 2010 defects and safety issues to the government quickly enough. According to the NHTSA comments about the $3 million fine, BMW issued 16 recalls during 2010. In recent years, studies in effective recalls found that the lack of fast, clear warnings to consumers about safety hazards is one of the biggest obstacles to an effective recall. Hopefully BMW issued the 5- and 6-series recall in time to prevent any injuries or accidents.

At the Louthian Law Firm, we have more than 50 years of experience helping injured South Carolinians seek justice. For a free consultation, call us today at toll free at 888-662-2895 or locally at 803-454-1200. You can also fill out our confidential online case evaluation form.

Deaths related to tobacco have nearly tripled over the past decade, according to a new report led by the World Lung Foundation (WLF) and American Cancer Society.

The report also charges that tobacco companies have tried to interfere with efforts to increase public awareness about the dangers of tobacco products.

According to the report, deaths from tobacco are on the rise in poorer and developing areas—such as China, Africa and the Middle East. Almost 80 percent of tobacco-related deaths are people in such areas. In Turkey, smoking related illnesses are responsible for 38 percent of all male deaths, the WLF reports. In China, tobacco kills 1.2 million people each year, according to the report. That number is estimated to reach 3.5 million by 2030, the report says.

The WLF also says that the top six tobacco makers had profits of $35.1 billion in 2010—equal to the profits of McDonald's, Coca-Cola and Microsoft combined.

According to the World Health Organization (WHO), tobacco industry interference will be the theme of their next “World No Tobacco Day,” which will take place on May 31 of this year. The announcement about World No Tobacco Day calls efforts by the tobacco industry to combat public anti-smoking initiatives “brazen and increasingly aggressive.” The WLF report accuses tobacco companies of promoting misunderstandings about tobacco and increasing legal challenges against efforts to change product labeling and pass public smoking bans.

Though smoking deaths have seen a decline in more developed countries, smoking is still the leading cause of early, preventable deaths in the US, according to the American Cancer Society. Smoking is also one of the leading causes of death for American women, according to the Centers for Disease Control and Prevention (CDC), killing nearly 174,000 women every year. The CDC also estimates that cigarettes cause almost 400,000 deaths in the U.S. each year.

Experts at the American Cancer Society say this figure may actually be higher, since that number doesn’t account for the children and others who suffer from tobacco-related sicknesses because of second-hand smoke.

At the Louthian Law Firm, we have more than 50 years of experience helping injured South Carolinians seek justice. For a free consultation, call us today at toll free at 888-662-2895 or locally at 803-454-1200. You can also fill out our confidential online case evaluation form.

The U.S. Department of Transportation (DOT) has deemed April to be National Distracted Driving Month, and new information may help efforts to target drivers most likely to be driving while distracted. Most experts agree that better driver education is one of the most important ways to decrease dangerous habits and behaviors behind the wheel.

The phrase ‘distracted driving’ itself is one example of awareness efforts—putting a name to a variety of behaviors that reduce a driver’s ability to stay aware of his or her surroundings and drive responsibly. Eating, personal grooming, reading a map, adjusting dials, using a cell phone or other electronic device can all create distractions for a driver and lead to a crash. With such a wide variety of distractions, matching the message to the right audience could be a challenge. New efforts by both researchers and government groups to understand driver distractions may help make safety campaigns more effective.

According to the most recent statistics released by the government and research groups, teen drivers are the age group most likely to be involved in a deadly crash as the result of distracted driving. Experts say 16 percent of all fatal crashes among teen drivers involve a distracted driver. Many of the materials prepared by the DOT for the April campaigns are designed to be used in schools and speak directly to teen drivers. Additionally, distraction.gov, the official distracted driving website maintained by the DOT, has resources for teens, parents and educators.

However, teen drivers aren’t the only ones putting themselves and others at risk. New information shows that distracted drivers between the ages of 30 and 39 are the most likely to be involved in fatal crashes while using a cell phone. According to a study by the University of Utah, cell phone use impairs a driver as much as a blood alcohol concentration of .08 percent. Another study linked cell phone usage with a 37 percent drop in brain activity in areas associated with driving. But reaching drivers in their thirties can pose challenges.

Research by consumer information groups shows that young adults and teens are often harder to reach with traditional methods of advertising, like television and print ads. Often, these age groups are far more involved with digital media and online content. Efforts this April will show how the government thinks it can best reach vulnerable drivers—and how they can best reduce the amount of deadly crashes and injuries caused by distracted driving.

The Louthian Law Firm, P.A. has been helping South Carolina car accident victims obtain fair compensation for their injuries since 1959. We provide each of our clients with individual attention.

If you believe you or someone you care about was hurt by a car, truck or motorcycle accident in South Carolina caused by a distracted driver, contact the Louthian Law Firm today. Call us toll free at (888) 926-0056 or locally at (803) 454-1200. You can also contact our South Carolina personal injury lawyers online for a free evaluation of your case.

After a five-year study, the U.S. Food and Drug Administration (FDA) recently announced that patients who took certain medications for diabetes may now have a much greater risk of bladder cancer.

According to the FDA safety announcement, those who took the prescription drug pioglitazone, sold under the brand name Actos, may be at risk. The drug is also a part of diabetes medications sold under the names Actoplus Met, Actoplus Met XR, and Duetact. These prescriptions are used most often in the treatment and control of type 2 diabetes in adults.

Also according to the FDA, 2.3 million patients filled prescriptions for medications containing the drug pioglitazone in the first 10 months of 2010. The FDA safety announcement is the result of both the five-year data review by the FDA and a recent study in France, which showed that exposure to pioglitazone increases the risk of bladder cancer over time.

No studies have yet to show a direct link between the drug and bladder cancer, but experts do agree that studies have shown that use of the drug over an extended period of time puts patients at risk. According to the FDA review, patients exposed for a period of 12 months or more had a 40 percent increase in risk of bladder cancer. The French study showed that an increased risk was particularly associated with male patients.

The FDA has said that it will continue to monitor data from patients prescribed diabetes drugs like Actos. France has suspended use of pioglitazone, and Germany has recommended its physicians not prescribe the drug for use in new diabetes patients.

People who are currently taking or have taken diabetes medications containing the drug should be aware of the increased bladder cancer risk, as well as potential symptoms of bladder cancer, according to the FDA. Problems such as pain while urinating, an urgent need to urinate, pain in the lower back and abdomen, or appearance of blood or a red color in urine may indicate the presence of bladder cancer.

The FDA also recommends that patients talk to their doctors about any problems or concerns about diabetes prescription drugs.

The South Carolina prescription drug injury attorneys at Louthian Law Firm are here for you if you or a loved one has suffered life-threatening side effects from Actos or any other drug. Contact us at today at (888) 926-0056, or locally at (803) 454-1200. You can also use our online contact form. We'll give you a free evaluation of your case.

Despite downturns in the economy, many people still plan to hit the road during the month of March, as schools and universities across the country dismiss for Spring Break. And in recent surveys, South Carolina’s Myrtle Beach ranked among the top ten most popular destinations for Spring Break.

Unfortunately, a tragic car accident in Ohio serves as a reminder that Spring Break fun can turn deadly. With thousands of young people traveling up and down the Atlantic coast in coming weeks, the government and consumer groups alike urge caution in order to keep Spring Break vacations safe as well as memorable.

While many tips are targeted at those traveling out of the country, and include advice about avoiding ice and sliced produce, the American College of Emergency Physicians offers tips and warnings about sun exposure, safe sex and alcohol use. There are some hidden dangers that travelers may not immediately consider, such as the toll of exhaustion, sun exposure, dehydration, and driving for long periods of time or at odd hours. These risks can not only endanger vacationers, but those on the roads and beaches with them. Many young people may not consider that a few hours’ sleep deprivation can impair driving skills as much as alcohol or drugs.

In one AAA survey, nine out of 10 police officers said that they had stopped people for drunk driving behaviors and instead found a sleepy driver behind the wheel. Many groups emphasize the importance of getting enough sleep not just for driving safety, but also because of the toll lack of sleep takes on a person’s ability to make smart decisions. An exhausted, sleep-deprived young adult may not be able to clearly think through the consequences of risky behavior.

In addition to getting adequate sleep, doctors recommend vacationers drink plenty of non-alcoholic fluids, take frequent breaks from physical activities, wear sunscreen and re-apply it frequently. Sun-exposure, dehydration and the effects of binge drinking are among the most likely causes of ER visits during Spring Break.

Parents, students and community members should pass along safe vacationing tips to anyone going on a Spring Break vacation. Those living near Myrtle Beach, Charleston, Hilton Head or other Spring Break hot-spots should be especially watchful while driving or enjoying the outdoors in the coming weeks, keeping an eye out for any Spring Breakers or others who may be carrying the fun a bit too far.

At the Louthian Law Firm in Columbia, SC, we have represented the rights of accident victims and other injured South Carolinians since 1959. We’re committed to providing personalized service to you while aggressively going after wrongdoers. Because we know how financially devastating an accident can be, we never charge you a dime until your case is won.

For a free evaluation of your case, call us today at (866) 454-1200 or (803) 454-1200. You can also fill out our confidential online case evaluation form.

News of dangerous bacterial infections, large Medicare fraud and other breakdowns in patient safety and care in our healthcare system haunted this year’s Patient Safety Awareness Week. Now, recent findings show, the privacy and safety of your information might be another hidden healthcare danger. Though doctors and healthcare advocates agree that digital medical records, which can capture information like a patient’s address, drug allergies and previous medical history, can help doctors and hospitals to increase the quality of care a patient receives, many also agree that the new system is far from perfect.

Weaknesses in the security and safeguarding of digital medical records are especially disturbing when combined with a push from the federal government to have hospitals and healthcare providers comply with the transition to digital record keeping. Congress provided $27 billion in the 2009 stimulus package specifically to encourage doctors and hospitals to use digital health record systems. Doctors and other providers who do not transition to digital records will face steep cuts to the amount of Medicare fees they can receive, starting in 2015. A few S.C.-based companies and universities are developing systems and technology to help the State stay current in the advance of the digital healthcare wave.

Many experts and patient advocates agree that consumers need more access to, and better understanding of, their digital medical records. Patients also need to be able to monitor their records more closely, to keep false, unclear or inappropriate information from being shared. Unfortunately, recent studies of current systems show many serious gaps in quality and ease of use. Even if a patient can see a complete medical record, which is often not the case, the records are very technical and full of jargon.

A huge risk is how much of a patient’s private information, medical or not, could be viewed by someone outside the healthcare system. The author of a major report on medical system flaws, Arthur B. Robinson, PhD, writes that even though “we are assured that this information is protected by privacy software, there is a constant stream of news about failures of this software.” These security failures are also a major risk for consumers with the presence of data collection agencies which constantly search, or ‘troll,’ the internet for personal information. These agencies then collect and sell personal information to anybody who can pay for it.

Contact The Louthian Law Firm

If you or someone you care about has been injured by the carelessness of a medical professional, you should speak with an experienced South Carolina medical malpractice attorney like the ones at the Louthian Law Firm as soon as possible. Our attorneys can help you evaluate your case; protect your legal right to the courts; and stand by your side throughout the legal process.

For a free consultation, call the Columbia SC Medical Malpractice Lawyers at Louthian Law Firm today. Toll free: (866) 454-1200. Locally: (803) 454-1200. You can also fill out our confidential online case evaluation form.

Buckyballs and Buckycubes are strong, small, rare earth magnets that are marketed as desk toys for adults that are fun to fidget with and have been known to relieve stress. However, according to a press release by the U.S. Consumer Product Safety Commission (CPSC), children are swallowing these magnets, and the consequences are severe.

When the small magnets get in the hands of a child and they are swallowed, the magnets can attract to each other causing damage to the intestinal walls. The result can be serious injuries, such as small holes in the stomach and intestines, intestinal blockage, blood poisoning and even death. Surgery is most likely required to remove the magnets or small pieces of magnet.

The Los Angeles Times reported Tuesday that a 3-year-old Oregon child underwent surgery to remove 37 magnets the girl had swallowed and snapped together inside her stomach, resembling a bracelet. She is expected to recover after repair to the tears in her lower intestine and stomach. Last year, a sixth-grader in California underwent surgery after swallowing eight of the magnets.

After learning of the injuries to the 3-year-old child, the company is once again warning consumers that the magnets are not toys. The company provides a video on their website to remind its “fans and customers that Buckyballs and Buckycubes are NOT toys and are NOT for children.” The company also adds that there are five similar warnings on the boxes of the products and warnings on its website and at retailer stores where Buckyballs and Buckycubes are sold.

The Buckyballs magnets were voluntarily recalled by the company in May 2010 after the U.S. Consumer Product Safety Commission (CPSC) warned of a swallowing hazard to young children.

The CPSC reports it has received 22 incidents involving the magnets and children from June 2009 to October 2011. 17 of the incidents involved magnet ingestion and 11 required surgical removal of the magnets.

"We want parents to be aware of the danger associated with these innocent looking magnets," said CPSC Chairman Inez Tenenbaum in the press release. "The potential for serious injury and death if multiple magnets are swallowed demands that parents and medical professionals be aware of this hidden hazard and know how to treat a child in distress."

The CPSC reports that young teens use the magnets to mimic tongue piercings, and issued a video alerting children and young teens of the dangers of swallowing the magnets. The video is made by a child and is meant to appeal to children explaining what can happen if the magnets are swallowed.

Buckyballs released the following statement on its website:

“Buckyballs was saddened to learn that a 3-year old girl in Oregon had swallowed high-powered magnets but we are relieved that she is expected to make a full recovery. This unfortunate incident underscores the fact that Buckyballs and Buckycubes are for adults. They are not toys and are not intended for children. We urge all consumers to read and comply with the warnings we place on all our products, on our website and in stores. Please keep these products out of the hands and reach of all children.”

If you or someone you care about has been hurt or killed by a defective or unsafe toy, you may be eligible for compensation. Contact a SC defective products attorney today.

South Carolina Defective Product Attorneys

If you or someone you care about has been injured by a defective or unsafe product, you have the right to ask the manufacturer for money to cover your medical bills, property damage, pain and suffering and any permanent disability or loss.

In order to protect that right, you should speak with the experienced product injuries attorneys at the Louthian Law Firm as soon as possible. We have more than 50 years of experience helping injured South Carolinians seek justice, and we’re committed to ensuring that you get the legal representation you need. For a free consultation, call us today at (866) 454-1200 or (803) 454-1200, or fill out our confidential online case evaluation form.

Columbia, S.C., March 01, 2012 - Reacting to a Charleston TV station’s recent report, South Carolina nursing home abuse attorney Bert Louthian said today that the state’s nursing homes should alert residents and their families when a registered sex offender moves into the facility.

Louthian also said that nursing home operators need to take more steps to guard against sexual abuse in long-term care facilities.

“Sexual abuse in nursing homes poses a grave threat to residents,” Louthian said. “Placing known sex offenders in a facility without issuing alerts or installing safeguards increases the risk that a resident will become a victim of nursing home sexual abuse.”

Louthian’s Columbia personal injury law firm, The Louthian Law Firm, P.A., represents nursing home abuse and neglect victims across South Carolina.

He was reacting to report on Charleston’s WCSC Live 5 News. The report revealed that at least three registered sex offenders are living in Charleston area nursing homes.

There is no state law requiring facility managers to notify residents and their families or guardians about their presence. According to the report, the only way to find out if a sex offender resides at a long-term care facility is to check the address on South Carolina’s sex offender registry.

That’s not enough, Louthian said.

“To better protect residents from sexual predators, nursing home operators need to provide active, written notifications before a sex offender arrives at the facility,” he said.

“If a sex offender is placed at a home, management must install adequate security measures to keep other residents safe from any potential abuse threat,” he said.

According to A Perfect Cause, an Oklahoma-based nursing home safety advocacy group, there are more than 2,000 sex offenders living in nursing homes across the country.

The group told WCSC Live 5 News that it has documented more than 80 instances where sex offenders have committed rape, assault and murder while residing in U.S. long-term care facilities.

“It’s not a question of if; it’s already happened. The only question is when it’s going to happen again,” Wes Bledsoe, the founder of A Perfect Cause, told the TV station, referring to the likelihood of a nursing home resident falling victim to a sex offender.

A Perfect Cause makes these recommendations for decreasing the threat of nursing home sexual abuse:

• Establish separate and secure long-term care facilities for violent and sexual offenders.


• Post conspicuous notification if offenders are residing in facilities


• Require criminal background checks for all residents.


• Install video and radio frequency monitoring systems.


• Hire onsite security personnel.


• Provide basic state or federal correctional training for all staff.


• Develop an offender management and re-entry program.


• Track all criminal acts in long-term care facilities and the assailants who commit these acts.

Louthian, a South Carolina elder abuse attorney, said it is important for residents and family members to report sexual abuse in nursing homes.

In addition to pressing criminal charges against the perpetrator, the victim may be entitled to recover money damages in an elder abuse lawsuit against the nursing home if it failed in its duty to protect residents, Louthian said.

“If an elder loved one has suffered sexual or other forms of abuse or neglect at a South Carolina nursing home, they or their family should talk to a qualified Columbia elder abuse attorney to find out their legal options,” Louthian said.

About The Louthian Law Firm, P.A.

The Louthian Law Firm, P.A., of Columbia, S.C., has been obtaining fair compensation for personal injury victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina. In addition to nursing home abuse claims,the Louthian Law Firm also handles personal injury cases involving medical malpractice; car, truck and motorcycle accidents; and other serious and catastrophic injuries throughout South Carolina. For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online contact form.

In early February, Harold Food Co. of North Carolina recalled 1,200 pounds of chicken salad due to fears of Listeria contamination. The recall heavily affected South Carolina stores, with potentially contaminated products pulled from shelves in Allendale, Beaufort, Bishopville, Brunson, Charleston, Cheraw, Chesterfield, Columbia and Conway.

The U.S. Food and Drug Administration (FDA) has warned that the contamination, which came from hard-boiled eggs, could still make its way to consumers. It has issued warnings in more than 34 states, including South Carolina.

The batches of eggs may have been exposed to bacteria because of repairs that took place in the packaging area of a Michael Foods factory in Nebraska, according to that company’s statement. The initial recalls happened in late January, when officials thought the impact of the exposure was much smaller. The recalls quickly expanded as officials traced the path of eggs throughout the country.

Officials discovered that the eggs had been distributed and then sold under multiple brand names, such as: Columbia Valley Farms, GFS, Glenview Farms, Papetti’s, Silverbrook and Wholesome Farms. The various brands of eggs were then sold and used to prepare food products like chicken salad, rather than going directly to consumers. Additionally, the companies that purchased the eggs then sold the potentially affected food products under several brand names.

The eggs were exposed to a type of bacteria called Listeria, which can result in an illness called listeriosis. Though listeriosis outbreaks are still more uncommon than other food sicknesses, it is also one of the most serious. Listeriosis is fatal in about 20 percent of cases.

According to doctors, the illness is most serious in the elderly, pregnant women, people taking medications that suppress the immune system (such as some medicines prescribed for arthritis and asthma), and people with diseases that affect the immune system itself (such as diabetes and HIV). Symptoms of listeriosis include fever and muscle aches, and may include headaches, confusion, neck stiffness, loss of balance and even convulsions. Symptoms can take anywhere from three days to two months to appear.

Officials are worried that even with contaminated products pulled from stores, many may still be in refrigerators across the country. Some of the products won’t reach their final expiration date until mid-March. The FDA is urging consumers to take precautions like checking labels, expiration dates and lot or batch numbers for any food products containing hard-boiled eggs.

Consumers should also stay informed about current food recalls by accessing the FDA’s website.

South Carolina Unsafe Product Attorneys

If you or someone you care about has been injured by a defective or unsafe product, you have the right to ask the producer for money to cover your medical bills, pain and suffering and any permanent disability or loss.

In order to protect that right, you should speak with the product injuries attorneys at the Louthian Law Firm as soon as possible. For a free consultation, call us today at (866) 454-1200 or (803) 454-1200, or fill out our confidential online case evaluation form.

What began as an attempt to relieve the backlog of drunk driving cases in South Carolina’s state summary courts may have exposed a major flaw in the state’s ability to build cases against drunk driving suspects and eventually convict them.

Last year, Chief Justice Jean Hoefer Toal of the South Carolina Supreme Court issued orders to judges, prosecutors, defense attorneys and courts around the state to eliminate or seriously decrease the backlog of drunk driving cases. In the four months that followed, state courts eliminated over 11,000 cases, but fewer than half resulted in convictions.

Recent news coverage of South Carolina’s potential drunk driving loopholes not only revealed the low conviction rate, but also highlighted a pattern of case dismissals that some prosecutors say was caused by recent legislation that was intended to make the punishments for drunk driving tougher.

The “loophole” problems all center on videotaped evidence. Officers use cameras mounted in the front of police cars to collect video footage of drunk driving suspects during traffic stops. These cameras cannot swivel and, in most cases, there is no second officer there to adjust the camera to keep the suspect in the frame.

In drunk driving cases, officers are also required to videotape the 20-minute interval between the arrest and the time when the suspect undergoes a breathalyzer test. Under the new laws, a judge frequently must dismiss an otherwise open-and-shut drunk driving case if any part of a suspect’s field sobriety test occurred out of view of the police car’s camera or if the wait period for the breathalyzer test wasn’t recorded for the precise amount of time required.

South Carolina is one of the most dangerous states for drunk driving, according to Mothers Against Drunk Driving (MADD). Forty-four percent of all traffic accidents in the state involve drunk or impaired drivers, MADD says. Over 300 people in South Carolina died from drunk-driving-related accidents last year.

South Carolina also has one of the highest rates of repeat offenders when it comes to driving while intoxicated. According to MADD, over 15,000 drunk driving offenders in the state have at least three previous convictions or citations. Drunk driving costs South Carolina taxpayers approximately $1.74 billion each year. This is especially troubling when those costs include arrests, investigations and trials that result in over half of the drunk driving suspects leaving the courtroom with little or no punishment due to a videotape loophole.

About The Louthian Law Firm

The Louthian Law Firm, P.A., of Columbia, S.C., has been obtaining fair compensation for personal injury victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina.

In addition to drunk driving accident claims, the Louthian Law Firm handles personal injury cases involving medical malpractice; car, truck and motorcycle accidents; and other serious and catastrophic injuries throughout South Carolina.

For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online contact form.