Articles Posted in In The News

On November 2, 2014, a Minnesota patient detached a metal bar from his hospital bed and used it to attack four nurses; one nurse suffered a collapsed lung, another broke her wrist, and the others had cuts and bruises . . . as well as bad memories of the night.

While some people might view the frightening event as an oddity, the Bureau of Labor Statistics reports that healthcare workers are some of the most likely workers to be attacked while on the job. According to OSHA, two out of three (on-the-job) physical assaults happen in the medical care and social service industries, and the numbers are going up. A survey underwritten by the Foundation of the International Association for Healthcare Security and Safety (IAHSS) found that the number of crimes increased by nearly 37 percent in just two years, from just under 15,000 in 2010 to more than 20,500 in 2012. Reported crimes included simple assault, larceny and theft, vandalism, rape, sexual assault and homicide. Even more disturbing than this increased number of violent crimes in healthcare settings is the likelihood that many incidents are not reported – at least one half, according to U.S. Department of Justice estimates.

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dentist-teeth

I know some members of the Big Blue Nation (i.e., U.K. basketball devotees) who are such rabid fans that they are probably maniacally brushing with Crest in hopes that their gums will turn blue before the start of basketball season – and before Procter & Gamble removes the little blue microbeads from all of their products in the wake of scrutiny by environmentalists and concerned dental practitioners.

Many cosmetic products contain microbeads, tiny pellets of high-density plastic, either as abrasive additives or just for looks. The same plastic used in manufacturing garbage cans, grocery bags and knee replacements is also used in facial cleansers and exfoliant washes, chewing gum, and, yes, toothpaste.

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SC Remington Recall

Whether you’re a deer hunter looking forward to this autumn’s harvest or someone who enjoys indoor target shooting, if you own a Remington rifle you’ll want to check out whether it is included in the recent recall.

On April 11, the Remington Arms Company issued a voluntary nationwide recall of their Model 700 and Model Seven rifles equipped with the X-Mark Pro trigger that was manufactured between May 2006 and April 9, 2014. Their website gives detailed instructions for determining whether your gun is one of those recalled because it can accidentally discharge.

If you have one of the recalled Remington rifles, you’re certainly not alone. The Model 700 bolt-action rifles have been popular because of their accuracy and “smooth trigger,” with more than 5 million of them sold since 1962. The X-Mark Pro trigger on the recalled rifles can discharge when small amounts of rust, debris, or even a small jolt can cause the trigger connector to become misaligned. In some cases, rifles have discharged as the safety was moved to the off position to unload the gun or when the bolt was opened, closed or even just touched.

More than 75 lawsuits have been filed alleging the Model 700 is susceptible to firing without the trigger being pulled. At least two dozen deaths and more than 100 injuries have been linked to accidental discharges involving the 700’s trigger mechanism.

Earlier this month, a class action lawsuit filed in federal court in Missouri was settled, at least preliminarily. The parties must file a formal settlement agreement by October 30, which will be submitted to the judge for approval. In that case, a man alleged his rifle had fired accidentally three times, twice when the safety was released and once when the bolt was opened.

Other suits have been filed by plaintiffs who experienced an actual injury or death due to the faulty trigger mechanism. A Texas jury awarded $17 million to a man who lost his foot when the rifle accidentally discharged. A settlement ended a tragic Montana case filed after a nine-year-old boy was killed when his mother’s Remington 700 went off as she was unloading it.

We were all shocked when it came to light that GM had long been aware of the faulty ignition switches that caused the loss of many lives and that the company had chosen not to make design improvements because they wanted to protect their bottom line. Guess what? Remington did the same thing.

Investigative reports, as well as documents filed in Remington lawsuits, show that the manufacturer knew back in 1948 that the trigger’s design could result in a misalignment and accidental discharge, yet they rejected the proposed design change because of the cost, said to be pennies per gun.

Not only that, Remington considered a nationwide recall of the 700 series in 1979 and again in 1994 but instead decided to offer to retrofit existing rifles — for a $20 fee.

For purposes of this discussion, it doesn’t matter what side of the gun control issue you come down on. The question is not who should be allowed to have guns or where. The point is that gun manufacturers who deliberately put a defective weapon on the market should be held accountable for the deaths and injuries those weapons cause. Some say they should also have to compensate owners of the recalled rifles for the loss in resale value, similar to the damages sought by owners of Chevy Cobalts.

If you own a Remington rifle, please take the time to determine whether it is subject to the recent recall. The South Carolina gun accident lawyers at the Louthian Law Firm can advise you of your rights if you or your loved one has been injured by a negligent gun manufacturer or gun user. Call us in Columbia at 888-440-3211 for a free consultation.

Columbia’s newspaper, The State, has reported that seven – and maybe more – people suffered serious infections after they were treated at University Specialty Clinics for orthopedic problems. University Specialty Clinics is staffed by doctors from the University of South Carolina School of Medicine in Columbia and has nearly 200 doctors in 35 specialties.

Although the infected patients were treated in 2012 or 2013, the S.C. Department of Health and Environmental Control has stonewalled, refusing to release information about the problem.

The problem was mycobacteria, some forms of which cause tuberculosis and leprosy. But the particular form in question at the University Specialty Clinics is mycobacterium abscessus, in a group of environmental mycobacteria found in water, soil, and dust. It can also contaminate medications and products such as medical devices and syringes. According to the National Institutes of Health, the prevalence of nontuberculous mycobacteria has increased, and so it is no surprise that we are hearing increasingly about instances of infections acquired in a healthcare setting.

How did the USC infections occur? The State tells us that one woman’s infection developed after she had a cortisone shot for a knee problem. It was so severe that she wound up being hospitalized 10 times and having seven surgeries. According to the Centers for Disease Control and Prevention, people “who receive injections without appropriate skin disinfection may be at risk for infection by M. abscessus.” As this victim’s experience illustrates, the mycobacterium abscessus organism is resistant to commonly used antibiotics. For patients with pre-existing respiratory conditions, a mycobacterial infection can lead to chronic lung diseases.

Some mycobacterium abscessus infections have been associated with the use of alternative therapies. In the mid ‘90s, an injectable product claiming to contain adrenal cortex extract (ACE) infected 87 people because one distributor’s medication had been contaminated when manufactured under non-sterile conditions in a Florida lab. Some patients required drainage of the infected site, surgical excision and plastic surgery.

A study done after the ACE outbreak reported mycobacterium infections resulting from cardiac surgery, cosmetic surgery, podiatric procedures, invasive procedures to improve hearing, and dialysis. It also cited a large outbreak in Colombia (not Columbia) when 350 patients were infected by injections of lidocaine from multi-dose vials. A cluster of infections also occurred in a Texas clinic when nurses giving allergy shots did not properly prepare the skin before injection.

Patients who develop any of the following symptoms after receiving an injection should see their doctor immediately:

  • Site of injection becomes red, warm, and tender to the touch
  • Tissue is swollen and/or painful
  • Area develops boils or pus-filled blisters
  • Patient has fever, chills, muscle aches, and a general feeling of illness.

To make a definite diagnosis, the doctor must take a sample of the discharge or biopsy the infected area and send it to a lab for analysis.

Because many bacterial abscesses occur as a result of improper procedures in healthcare settings, a patient who has been the victim of a medical provider’s negligence may wish to file a lawsuit to recover damages which can help pay for the pain they suffer and lengthy treatment they may require. As Columbia medical malpractice lawyers, we at The Louthian Law Firm know where to start and how to proceed in order to arrive at a just conclusion for patients who were harmed by those they trusted to help them become well. Call us at 1-888-440-3211.

Columbia Zip line Accident

Is a zip line ride on your bucket list? Are you planning to include an aerial adventure in your summer vacation plans, maybe on one of the lines in Myrtle Beach or crossing the Blue Ridge Mountains in North Carolina? Spend a little time inquiring about the company’s safety and inspection policies. The Redwoods Group Foundation provides risk analysis and insurance for camps, community centers and playgrounds. They encourage scrutiny of zip lines from the standpoint of design, installation, maintenance and supervision.

“They are spreading like fast-food hamburger joints.” That’s what Mike Teske told the Los Angeles Times, and he wasn’t talking about nail salons. Teske is the technical director for a zip line company, and he also heads a panel drafting national safety standards for zip lines. Zip lines are the latest commercial adventure craze, offering thrills to at least 18 million people each year, according to the Association for Challenge Course Technology (ACCT).

Read Full Article   |   South Carolina Personal Injuries

south-carolina_bus-accidents

Motorcoaches are a popular way to travel. The Greyhound slogan was “Leave the driving to us,” and many thousands of people do leave the driving to Greyhound and other motorcoach operators every year. In 2010, U.S. motorcoach companies provided nearly 700 million passenger trips, second only to the airlines. Bus transportation is generally safe, but when an accident does happen, there are likely to be multiple victims.

Statistics from the National Highway Traffic Safety Administration show that between 2000 and 2009, there were 87 fatal crashes of motorcoaches, resulting in 209 fatalities.

On April 10, 2014, a fiery collision between a FedEx big rig and a motorcoach carrying California high school students left 10 people dead. The accident is still under investigation, and federal authorities are again considering what measures can be taken to improve the safety of bus passengers. It was only a few months ago that NHTSA issued a rule mandating that all motorcoaches made after 2016 be equipped with three-point shoulder-lap safety belts. The Silverado Stages vehicle in the Orland, California, crash was brand new, and it had seat belts, even though it was not required to. You have to wonder how many of the high school students had actually buckled up.

The first motorcoach accident investigated by the NTSB occurred in 1968, when a charter coach overturned and burned near Baker, California. Nineteen of the 30 passengers aboard were killed. Even way back then, the NTSB found that “one of the primary causes of passenger injury and fatalities in motorcoach accidents is that the passengers are thrown out of their seats or ejected when a bus sustains a front, side, or rear impact or rolls over,” and they advocated passenger restraint systems.

On February 14, 2003, a crash near Hewitt, Texas, killed 5 and injured 9, and the NTSB found that the fatalities were a result of occupants’ being ejected from their seats.

Two high-profile motorcoach accidents in 2008 —one in Sherman, Texas, and the other near Mexican Hat, Utah— resulted in numerous passenger fatalities and serious injuries. At that time it was noted that “even when the motorcoach remains relatively intact during an accident, passengers lacking a protective seating environment can be thrown from their seating area and killed or injured.”

In passing the final rule requiring safety belts in motorcoaches after 2016, NHTSA took what some consider to be just the first step toward passenger safety. They did not require that older buses be retrofit with seatbelts, nor did they take measures to help ensure that passengers avail themselves of the safety equipment when it is available. In light of the fact that innocent people are still dying in motorcoach accidents, even when safety belts have been installed, it would seem that an additional step could provide additional protection – i.e., reminder systems like what we are accustomed to in our personal vehicles and on airplanes.

A news report following the California crash quoted a former NTSB chairman as saying, “Unfortunately, motorcoach safety has historically been an orphan at NHTSA. This is the transportation that carries primarily older people, students and low-income people. It hasn’t been a priority (for regulators).”

Wow. No wonder it took an act of Congress (the Motorcoach Enhanced Safety Act of 2012) to put safer buses on the road, resulting in the NHTSA rule re seat belts. Sounds like NHTSA needs to improve upon its own rule and also find a way to make passengers take advantage of the improvements the carriers have to pay for. And they haven’t even addressed the other topics Congress told them to look at, like ease of evacuation, fire suppression, smoke suppression and improved fire extinguishers, all factors which could have been at play in the California crash.

If you or a family member is injured in a motorcoach accident, call the South Carolina personal injury lawyers at the Louthian Law Firm – 888-440-3211. We believe you deserve more than a chance – you deserve a voice.

FDR said, in his second inaugural address, “We have always known that heedless self interest was bad morals, we now know that it is bad economics.” He was referring to the abuses that led to the 1929 stock market crash and the Great Depression.

GM Auto Recall

Even now, nearly eight decades later, we find that corporate greed has led to unconscionable decisions which, in turn, have resulted in peril for one of America’s industrial giants and for millions of American citizens. I’m referring to the choice by GM not to spend one dollar per car to correct the problems with the ignition switch that has cost at least 12 people their lives and caused 31 accidents. GM itself faces a criminal investigation and multiple lawsuits alleging they knew about the faulty ignition switches in 2002 but waited until 2014 to recall a total of 2.5 million vehicles that have ignition switches that may easily be moved out of the “run” position and into the “auxiliary” position, causing loss of power, steering, braking, airbags and lighting. That’s bad economics any way you look at it.

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Two recent court rulings are of interest to us as a law firm which represents the rights of whistleblowers who bring to light fraudulent activity.

The first is a decision of the U.S. Supreme Court in Lawson v. FMR, a case in which the whistleblowers worked for a contractor hired by Fidelity Investments to provide advisory and management services. The two employees were dismissed after they raised concerns about what they claimed were misrepresentations in the fees charged to shareholders and the disclosures made to the SEC.

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And the answer, announced last month by the National Highway Transportation Safety Administration (NHTSA) is 2V . . . or, more precisely, V2V.

South Carolina Auto Safety

V2V technology allows vehicles to communicate with each other and to share important data with the driver. For instance, basic safety data like speed, location and direction of travel are collected from a 360-degree radius, analyzed for risk, and used to warn the driver to take action (like removing a foot from the gas pedal) to avoid common types of crashes like rear-end and intersection collisions.

This advancing technology was tested in a year-long pilot program run in Ann Arbor, Michigan, by the U.S. Department of Transportation. They outfitted almost 3,000 vehicles with Dedicated Short Range Communications (DSRC) capability – a technology similar to Wi-Fi ; recruited and trained volunteers; and sent the vehicles out onto 73 lane-miles of city streets and freeways.

The pilot program devices collected data from a test car and its surroundings at a rate of 10 times per second, which included such information as speed, braking, wiper status, position and motion of vehicles ahead, intersection and curve details. Then, when appropriate, instructions were communicated to the driver alerting him or her to prepare to brake hard, notice another car in the blind spot or making a lane change, or slow down through a curve, among other things. Note that the devices currently in development only provide warnings – they don’t actually intervene with braking or steering.

NHTSA has begun reviewing the pilot program findings and in February announced it will “begin taking steps to enable vehicle-to-vehicle (V2V) communication technology for light vehicles.” The next step is release of a report addressing technical feasibility, privacy and security, and preliminary estimates on costs and safety benefits. Also to come, after the public has been given an opportunity to comment on the research findings, will be NHTSA’s draft of regulations which would require V2V devices in new vehicles – subject, of course, to “Executive Orders and guidance.” According to Plymouth Rock Assurance Company, if the government goes forward with a V2V mandate, we could see cars equipped with this technology coming off the production line as early as 2019.

Insurance companies like Plymouth Rock are likely looking forward to having V2V cars on the road. NHTSA estimates that this technology has the potential to help drivers avoid or mitigate 70 to 80 percent of crashes “involving unimpaired drivers.” They’re evidently acknowledging that a driver who is impaired by drugs or alcohol is not going to be alert enough to quickly respond to his car’s warnings.

Another caveat is that in order to have a widespread effect, there are going to have to be lots of cars on the road that are equipped with V2V so they can talk to each other. Older models can be retrofitted, but it will still take many years before there are enough high-tech vehicles on the roads that they can have a meaningful conversation.

At the Louthian Law Firm, we applaud every advance that can help save lives. Seat belts, air bags, anti-lock brakes, and childproof locks are examples of safety innovations that have become standard equipment on modern vehicles, things we just take for granted. We forget that there weren’t even turn signals in cars until GM put them in 1939 Buicks. Aren’t you glad that these days you don’t have to roll down the window and stick your arm out to signal a turn? Some day in the not too distant future we’ll probably be glad our cars can talk to each other, too.

There’s a bar in Kazakhstan named Guns N Roses. It’s probably not a place you’re going to frequent – it’s a bit of a drive to get there. A little closer is the Double Shot Liquor & Guns store in Schulenburg, Texas. It even has a drive-thru window. Still too far to travel? Well, thanks to the law recently enacted in South Carolina, you can now take your family to a restaurant just down the street and be in the presence of both alcohol and ammo.

On February 11, 2014, South Carolina Gov. Nikki Haley signed into law Senate Bill 308, the “Concealed Carry Reform Bill.” It permits gun owners who have a Concealed Weapons Permit (CWP) to take guns into establishments that serve alcohol. Those who tote are not supposed to tipple, but who’s to know?

Some folks have applauded this legislation which enhances the rights of gun owners. But what about the rights of others involved?

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