Personal Injury

June 2, 2014

These Statistics Are Not Inflated

by Louthian Law Firm

If you’re like most parents nowadays, you’re looking every year for something to make your child’s birthday party special. Pin the Tail on the Donkey gave way long ago to more adventurous activities, things like the increasingly popular bounce house, set up in your own backyard by one of thousands of party rental companies. Kids think they’re loads of fun, and parents assume they’re safe . . . that is, until an accident happens and a child is injured or killed. You should be aware that injuries on inflatable amusement structures are not uncommon.

The U.S. Consumer Product Safety Commission (CPSC) estimates that more than 4,000 emergency room visits a year in the United States are linked to inflatables. Bounce houses (also known as moonbounces) cause the vast majority of injuries, but they’re not the only inflatable amusement attractions. Slides, obstacle courses, climbing walls and interactive (such as boxing or jousting) inflatables also feature in the accident statistics.

May 27, 2014

Zooming in on Zip Lines in South Carolina

by Louthian Law Firm

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).

May 13, 2014

Systematic Injustice

by Louthian Law Firm

I recently read an article in The Atlantic about a January 2014 ruling made by Judge J. Michael Baxley in Richland County state court. I’m including a link to that article here because I want you to have access to the judge’s opinion and other documents relating to the subject of South Carolina’s deplorable prison conditions, and The Atlantic author provides those for you.

Judge Baxley came down hard on the state’s corrections department, legislators, medical community, and even the legal community, writing that this class action brought on behalf of 3,500 mentally ill inmates was “the most troubling” case he had seen in 14 years on the bench. He found that these vulnerable members of the inmate population were treated with systematic and pervasive abuse, neglect and injury. Some poor souls were kept in solitary confinement for more than 2,000 consecutive days. The description of the filthy conditions of their cells is sickening. They were subjected to unnecessary and excessive use of physical force, sprayed with chemicals, and chained or otherwise restrained in torturous positions for hours at a time. Not surprisingly, numerous deaths and suicides are detailed in the judge’s opinion.

May 9, 2014

FDA Cautions Against Some Laparoscopic Surgeries

by Louthian Law Firm

Laparoscopic surgeries – those done “robotically” through small incisions – have become preferred by doctors and patients in many instances, because they mean less time in the hospital, quicker recovery and minimal scarring. On April 14, 2014, however, the FDA issued a Safety Communication about the device used to accomplish some of these surgeries, specifically hysterectomies and surgeries to remove fibroid tumors in women.

The surgical device is called a morcellator, and it is produced by five companies, including Johnson & Johnson. The surgeon inserts the morcellator into the uterus through a small incision. Its blades chop up the tissue so it can be removed through the same tiny incision. What they are finding, however, is that when women have an undiagnosed cancer, a uterine sarcoma, the cancerous tissue also gets divided and may spread malignant cells throughout the abdomen and pelvis, “significantly worsening the patient’s likelihood of long-term survival.”

May 6, 2014

He Ain’t Heavy? Yes, He Is.

by Louthian Law Firm

“Health care reform” . . . Those three words have become a part of our national language, especially in the last few years. It’s an ongoing process. Did you know it has been ongoing for almost 200 years? Whose name do you associate with health care reform? Hillary Clinton? Barack Obama? How about Florence Nightingale.

Florence Nightingale was born in Florence, Italy, to a prominent British family who expected her to marry a wealthy man, someone befitting her social standing. Florence, however, had other ideas. In fact, she had what she felt was a divine calling to minister to the ill and the poor. Against her family’s wishes, she became a nurse and embarked on a career that changed medical care from then on.

Of especial note was a new emphasis on sanitation in hospitals. The practices Florence Nightingale instituted reduced the death count at a British base hospital during the Crimean War by two-thirds. Her writings sparked worldwide health care reform.

April 25, 2014

FDA Warns Of Steroid Injections For Back Pain

by Louthian Law Firm

On April 23, 2014, the FDA issued a Drug Safety Communication about corticosteroids administered through epidural injection. Commonly used for back and neck pain, the injections may cause permanent blindness, stroke, paralysis, and death, according to the FDA’s warning. Other serious adverse events have included spinal cord infarction, seizures, nerve injury, and brain edema. The reactions may occur within minutes or up to 48 hours after the epidural corticosteroid injection.

The drugs’ labels will now have to carry a warning that these serious consequences can follow when the steroid is administered by spinal injection. Injectable corticosteroids include methylprednisolone, hydrocortisone, triamcinolone, betamethasone, and dexamethasone.

The FDA never approved corticosteroids for injection into the epidural space of the spine. For decades, however, doctors have been using them in this “off-label” fashion for treatment of chronic pain. They are, in fact, a common form of pain intervention. In 2011, nearly 9 million Americans received epidural steroid injections.

April 18, 2014

Care For Your Car

by Louthian Law Firm

April is National Car Care Month. Why does a personal injury attorney care about car care? Because poor maintenance is one of the causes of vehicle accidents. The National Highway Transportation Safety Administration says about one out every five accidents is caused by faulty vehicle maintenance or vehicle defects. It’s the responsibility of manufacturers to produce quality vehicles and parts without defect, but it’s your responsibility to maintain the car or truck once you own it.

People often procrastinate when it comes to vehicle maintenance, waiting for a time when they have more money or time or can do without transportation while the car is in the shop. It’s easy to ignore those little symbols that light up on the dashboard when oil or fluids are low or tires are underinflated. Doing so, however, puts you and everyone else on the road in jeopardy.

April 18, 2014

Can You Dig It?

by Louthian Law Firm

I mean that literally . . . can you dig it? Like a big hole in the back yard for a swimming pool. Or a little hole in the front yard for a new mailbox post. Or a medium-sized hole in the side yard for a nice shade tree.

Even if the ground is soft enough, and even if the shovel is sharp enough, and even if you’re strong enough . . . don’t dig until you’ve been smart enough to call 811, a free service for homeowners, excavators and contractors who plan to dig, grade, drill or excavate. This is to keep you from cutting into a buried utility line. Damaging underground electric or gas lines can cause fires, and cutting into an electric line can cause electrocution as well. The Common Ground Alliance reports that underground utilities in the U.S. are accidentally severed every few minutes. That makes for a lot of potential pain and suffering.

April 18, 2014

NHTSA Still Has Work To Do On Bus Safety

by Louthian Law Firm

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.

April 8, 2014

Advocating Awareness

by Louthian Law Firm

For four years now, April has been designated Parkinson’s Awareness Month by resolution of the U.S. Senate. We’d like to make you aware of some of the issues surrounding Parkinson’s and how Louthian Law might assist you or a loved one afflicted with the disease.

What is Parkinson’s disease?

Parkinson’s disease is a neurological disorder which affects motor functioning. The symptoms include shaking (tremors), rigidity of muscles, problems with walking, difficulty speaking or an inability to speak, diminished higher brain functions, loss or slowing of physical movement, and depression.