South Carolina Lawyer Blog

July 5, 2014

Used Car Buyers,“Beware!”

by Louthian Law Firm

Shopping for a used car or truck? You probably assume that the dealer will have fixed any recalled parts and that it’s safe to drive off the lot. If that’s what you think, you’re probably wrong.

Already in 2014, 39.85 million vehicles have been recalled. How many of those do you think are sitting on used-car lots? And the dealer is not required to fix a recall defect on a used car before selling it. In fact, they don’t even have to tell you about the outstanding recall. Federal law prohibits auto dealers from selling new cars that are under a safety recall, but there is no similar law to protect used car buyers.

This is why nearly a dozen consumer safety groups have filed a petition with the Federal Trade Commission urging the FTC to investigate and take enforcement action against CarMax, the used-car superstore chain. The groups allege that CarMax uses deceptive advertising and sales practices when it characterizes its used vehicles as “CarMax Quality Certified” and assures consumers that each used vehicle has passed a rigorous inspection. Rosemary Shahan, President of Consumers for Auto Reliability and Safety (CARS), said, “CarMax is playing recalled used car roulette with its customers’ lives.”

June 27, 2014

The Menacing Mycobacterium

by Louthian Law Firm

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.

June 24, 2014

Swimming Pool Tragedies

by Louthian Law Firm

One of the most refreshing activities for a hot summer day is a plunge in a chilly swimming pool, and you can find them all over our southern state – in residential backyards, community centers, amusement parks, motels, and apartment complexes. They’re the site of much frivolity, as well as athletic competition, but they can also be the site of tragic accidents.

Already this year we’ve read of several drownings in South Carolina swimming pools. On the last day of May, a 2-year-old Columbia boy drowned in a home swimming pool. The child and his 3-year-old sister managed to get out of the house while their parents slept, by piling up child-sized plastic furniture, climbing on it and unlocking the door.

Just two weeks later, a 3-year-old drowned in her grandmother’s swimming pool in Abbeville County. The woman went into the bathroom and when she came out she was not able to find the little girl in the house. She discovered her outside, in the swimming pool. The grandmother administered CPR, but the child did not survive.

June 23, 2014

Hurricane Season Is Here

by Louthian Law Firm

The official Atlantic hurricane season began June 1. That’s why the month of June is Hurricane Preparedness Month. In South Carolina, the first week of June was proclaimed Hurricane Awareness Week.

Are you aware of the fact that this year is the 60th anniversary of Hurricane Hazel? Hazel, a Category 4 storm, made landfall on October 15, 1954, near the border of North and South Carolina. Her winds packed a 106-mph punch and shoved a 16.9-foot storm surge onto the land. One South Carolinian was killed and damage in the Palmetto State was estimated at $27 million. North Carolina fared much worse, with 19 deaths and $136 million in property damage; 15,000 homes and structures were destroyed and 39,000 damaged.

June 19, 2014

It’s Crunch Time

by Louthian Law Firm

“Crunch time” – that’s what they call the period from May through September, when ATV-related incidents are at their peak. ATVs have become increasingly popular; dealers reported sales of 228,305 new ATVs in 2013. Sadly, each year thousands of riders are injured or killed while out on an ATV adventure.

During the first week of June, we read of six-time Olympic gold medalist swimmer Amy Van Dyken being critically injured in an all-terrain vehicle accident in Arizona. Amy hit a curb in a restaurant parking lot and went over a dropoff of 5 to 7 feet. The accident severed her spinal cord at the T11 vertebrae; slivers of bone narrowly missed rupturing her aorta. After being airlifted to a hospital in Scottsdale, Amy underwent surgery to stabilize the spine. She remains paralyzed and has a long road ahead of her in rehabilitation.

June 10, 2014

The Perils Of Parasailing

by Louthian Law Firm

Approximately 3.8 million people enjoy the sport of parasailing each year, according to Parasail.org. It’s one of the fastest growing adventure sports, available at nearly all of the major coastline tourist areas. There are approximately 240 parasail companies in the United States, with more than 650 boats providing a seagull’s view of sandy shores. Thrilling . . . but how safe is it?

The Parasail Safety Council, which has tracked injuries and deaths from the activity, reports that in the U.S. 73 people were killed and at least 1,600 injured between 1982 and 2012. That’s a low accident rate, but when a parasailing mishap does occur, it can be terrifying, with lifelong results.

You may recall the horrific accident in Panama City, Florida, in July of 2013 that was caught on video and viewed worldwide. Two teenage girls took a tandem parasail ride that had a tragic end. The tow line to the boat snapped, leaving the pair at the mercy of a gusting wind which slammed them into the 13th floor of a condominium complex and propelled them into power lines before they crashed into cars parked below. Both girls were hospitalized in critical condition in Florida and then were transferred to a facility in Indianapolis for rehabilitation. One girl’s spine was cracked and she sustained brain trauma that has left her with double vision and loss of peripheral vision. Her friend has had three cranial surgeries and extensive spinal surgery since the accident. She lost a large portion of her skull and still struggles with balance, mobility and learning.

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.”