Jonesboro Personal Injury Lawyer

Buckle Up, It's the Law... Or is it? What About Our School Buses?

Ryan Scott — Thu, 15 May 2008 11:40:06 GMT

For years we have all been inundated with slogans like, "Buckle up, It's the Law", and "Buckle up for Safety", even "Don't be a Dummy, Buckle Up". The reasons for these slogans are obvious-- using a seatbelt reduces the risk of serious injury or death in a car wreck. However, this reasoning is lost when it comes to our most precious cargo... our children.

Forty-seven states have laws requiring the use of seatbelts. Most even have stiffer penalties for not buckling up children in the vehicle. But, for reasons passing understanding, these laws do not apply to school buses. Eighty-five percent (85%) of our school buses do not have seat belts, despite the fact that engineers, physicians, and crash safety experts all agree that seat belts in vehicles save lives and minimize injuries. According to the American Automobile Association, "Restrained occupants are more likely to escape harm by spreading the force of impact and gradually stopping the body, safety belts effectively reduce the severity of injuries."

So why are do we not have seatbelts in our school buses? Opponents of laws requiring seatbelts in school buses point to the cost of implementing the law as the main reason. They say that it would cost millions of dollars and may save "only" one life and several serious injuries a year. Even if that were so (and many experts disagree, including the American Medical Association, Physicians for Automotive Safety, and many other reputable experts), is it not worth that one child's life, or those several seriously injured children's well being that seatbelts on school buses be required?

Every European Union country and Australia have required lap/shoulder belts in school buses for over a decade. Isn't it time we in America offer the same protection to our future?

Originally posted at InjuryBoard by Ryan Scott

Is The Federal Government Supporting Negligent Corporations?

Frank Bailey — Wed, 14 May 2008 17:58:16 GMT

The Bush administration's effort to limit consumer's access to courts and protect negligent corporations has reached new heights. It is rewriting the bureaucratic rulebook.

Jon Haber, AAJ's chief executive officer, says the agencies are engaging in "a brazen end run around Congress, the Constitution and the states in an effort to let negligent corporations off the hook and knowingly put consumers at risk."

Dennis Quaid and his wife will testify before congress about their suit against the maker of the blood-thinner heparin in Illinois state court. Their newborn twins were given massive doses of the blood thinner at a hospital. They have alleged the manufacturer was negligent in packaging different doses of heparin in similar vials with blue backgrounds.

The defendant, Baxter Healthcare Corp. is seeking to use the doctrine of preemption to shield it from any civil liability, claiming that once the FDA approved the labeling and packaging it is immune from civil suits.

Joan Claybrook says, "What the companies want is complete immunity and the regulators in the Bush administration are helping them."

We need to contact our Senators and Congress and put a stop to this practice NOW!

Originally posted at InjuryBoard by Frank Bailey

Cell Phones and Driving Don't Mis

Frank Bailey — Sat, 10 May 2008 17:18:32 GMT

Cell-phones are everywhere. It is common practice now for lawyers to ask about cell-phone use during an accident. Studies overwhelmingly show that talking on a cell-phone while driving increases the risk of having an accident multiple times.

When drivers use a cell-phone, they are taking their minds off the road and thinking about what is being said on the cell-phone. I wonder how many accidents are caused each year by an inattentive driver.

An attorney can easily access cell-phone records to determine if the driver of the vehicle that crossed the center line or pulled in front of oncoming traffic was talking on the cell-phone at the time of the wreck. Interrogatories and requests for production of the cell phone bill will show whether or not the driver was using the cell-phone at the time of the wreck.

If driving while intoxicated merits punitive damages, why shouldn't driving while impaired by using a cell-phone merit punitive damages? I think with all the studies showing how cell- phones impair drivers; this is an area of the law that we may see expanding in the next few years.

Originally posted at InjuryBoard by Frank Bailey

Arkansas Trial Lawyers Association Awards Sach Oliver Outstanding Young Lawyer

Drew Dixon — Sat, 10 May 2008 16:47:00 GMT

The Arkansas Trial Lawyers Association announced today that, Sach Oliver is the recipient of the organization's 2008 Outstanding Young Lawyer Award.

Each year ATLA recognizes a member of the ATLA Young Lawyers Division who demonstrates a high level of professional excellence, dedication and leadership. This year, Sach Oliver has demonstrated excellence in all the qualifying categories and most notably in the area of professional excellence.

"Sach has a history of leadership beginning with his service as president of the ASU Student Government during his undergraduate career where he also received the Wilson Award for Outstanding Service," stated John Patterson, Past President of ATLA.

In law school, Oliver was President of the Student Chapter of ATLA at the U of A School of Law and won the coveted "Best Oral Argument" award in the National Trial Competition sponsored by the American College of Trial Lawyers defeating students from the top 150 law schools throughout the country.

Upon receipt, Oliver noted, "I am honored to be recognized by such an outstanding organization, ATLA. It is a privilege to represent and protect the rights of our wonderful clients while holding wrongdoers accountable."

The Arkansas Trial Lawyers Association (ATLA), founded in 1963, is an affiliate of the American Association for Justice in Washington, D.C. ATLA was established in order to advance the administration of justice while upholding and improving the adversary system and preserving every citizen's access to trial by jury. Through continuing legal education programs and publications, ATLA serves its membership by providing training in all fields and phases of advocacy. The association is a volunteer organization with a statewide membership of approximately 1,000 lawyers from all 75 counties and several states.

Originally posted at InjuryBoard by Drew Dixon

Senate Doesn't Agree on Aviation Safety Bill

Drew Dixon — Wed, 07 May 2008 17:32:53 GMT

Sometimes party ties mean more to Senators than consumer safety. With the upcoming Presidential election only months away, partisan fighting is at an all time high causing important bills to stall in the Senate. The most recent bill to fall victim to this partisan squabble is legislation to modernize and fund the Federal Aviation Administration including such provisions as money for a satellite-based air traffic control system and a mandatory two-year prohibition on official contact between the agency and former FAA inspectors who go to work for airlines.

The bill, which had already passed the House, came as a result of an investigation showing a close relationship between airlines and FAA inspectors which had led to serious lapses in FAA's oversight. In fact, in April, a failure to comply with airworthiness directives caused American Airlines to ground more than 3,000 flights affecting more than a quarter-million passengers.

The bill also included provisions that would have provided water and food to passengers stranded for more than four hours, it would have strengthened the voluntary self-disclosure program, and it would included an independent review board to investigate air safety issues.

Both parties continue to claim that the bill may come to live again, but are we really ready to wait as passengers until the parties work out their differences.

Originally posted at InjuryBoard by Drew Dixon

Cell-Phone Use While Driving

Frank Bailey — Fri, 02 May 2008 16:27:12 GMT

Cell-Phones can kill. I am not talking about the possible risk of cancer. I am talking about the use of a cell-phone while driving a vehicle. In a recent case filed in Fulton County Georgia an employee of International Paper Company rear ended another vehicle while talking on a cell-phone.

Combined with the cell-phone use, the cruse control was set at 77mph in a 70mph zone. This allowed the jury to consider and award punitive damages. International Paper agreed to pay $5.2 million to settle the suit. Damages included loss of an arm to a widowed mother of four.

I have cautioned for years now about the danger of talking on a cell-phone while driving. In the little town where I live, it seems like everyone has a cell-phone to their ear while driving. There are several studies that show cell-phone usage is just as dangerous as driving while intoxicated, but people just continue to do it.

And the studies show hands free usage is just as dangerous. Some data shows it is nine times more dangerous to drive while talking on a cell-phone. It is time we all band together to stop this dangerous practice. If we need to talk to someone, why not just pull off the road. What's a few minutes, or just wait until we get to where we are going to take the call.

Originally posted at InjuryBoard by Frank Bailey

Full Coverage Car Insurance

Frank Bailey — Thu, 01 May 2008 08:28:42 GMT

Many consumers do not know what the insurance agent is selling when they buy "full coverage." Recently we had a client with "full coverage" insurance that was hit head on by an uninsured driver. Our client's injuries were catastrophic. After three days in intensive care our client now faces a series of surgeries. Hospital and doctor bills will surely exceed $100,000.

When we examined the policy, we found our client only had $25,000 in uninsured coverage. This is not going to be enough to begin to pay for the hospital bill, let alone his lost wages. Insurance agents do not want to sell higher limits of insurance because their exposure is so much greater in a case of catastrophic injury than if the policyholder only had low limits. With low limits, the insurance company can just pay their limits and leave the policyholder out to dry.

We all need to pitch together to educate our friends and family that high limits of car insurance is the best buy on the market. We need to lobby our legislature to raise the minimum limits of insurance. Without adequate limits of insurance the burden of paying for medical expenses is shifted to the public through public assistance, rather that the insurance companies.

Originally posted at InjuryBoard by Frank Bailey

Hospital Infection Rate May Be Going Down

Frank Bailey — Wed, 30 Apr 2008 16:27:51 GMT

Beginning October 1, 2008 hospital acquired infections may start going down. That is when the new Medicare rules go into effect denying payment to hospitals for hospital acquired infections that could have been prevented.

For years now we have seen an increase in hospital acquired infections. Congress is trying to do something about this by saying, if you let a patient become infected while staying in your hospital; we are not going to pay for it like we have been doing in the past.

I think this is a tremendous step in the right direction; to make the negligent person or hospital assume the responsibility for the harm they cause rather than let the government pay for the harm.

Often if a patient gets MRSA while hospitalized the treatment can cost hundreds of thousands of dollars. We expect to see much litigation in the future about this kind of preventable infection.

Originally posted at InjuryBoard by Frank Bailey

'Condition H', Does Your Hospital Have It?

Ryan Scott — Wed, 23 Apr 2008 13:36:40 GMT

For the fifth straight year, a preventable safety mistake known as 'Failure to Rescue' is the leading cause of preventable death in U.S. hospitals. More than surgical mistakes, the wrong or overdose of drugs, or unforeseeable complications; 'Failure to Rescue' is the most common preventable problem.

Failure to rescue refers to cases in which caregivers fail to notice or respond when a patient is dying of preventable complications. These complications usually begin as mild (but detectable) and, in Failure to Rescue cases, are not treated until it is too late. Failure to Rescue caused 128 out of 1,000 preventable deaths in U.S. hospitals between 2004 and 2006. The Fifth Annual Healthgrades Study cited the failure of medical professionals, nurses and doctors alike, to notice increasing minor symptoms as the cause of dire results.

Failure to Rescue should be a concern of anyone who is hospitalized or has a loved one in the hospital. It is estimated that, at least, 75% of 'Code Blue' (a common term for patients in acute distress) are preceded by a Failure to Rescue. Painkillers, typically given after surgery, can increase the probability of a Failure to Rescue, because the symptoms of the painkillers can sometimes mask a more serious problem. Also, while a hospital's patient to staff ratio is relevant, the more determining factor is the training and expertise of the staff, and whether they have the resources to do their job.

So what can you do?

A growing number of hospitals across the country are utilizing a procedure known as 'Condition H'. Condition H allows a patient or loved one to summon emergency help, the same emergency number that doctors and nurses use, when they feel distress. Early studies have shown that hospitals that allow the patient to make sure they are not the victim of preventable error decreases the rate of Failure to Rescue.

Second, make sure your hospital staff has the necessary training and resources for your particular problem. In this age of hospital overcrowding and overloaded hospital staff, it is worth the inquiry to see if the hospital you are considering is properly trained and equipped, including using 'Condition H'. you may just save your own life.

Originally posted at InjuryBoard by Ryan Scott

Student Leadership Banquet at ASU

Jeanie Oliver — Mon, 21 Apr 2008 19:57:01 GMT

Last Thursday, Sach and I drove to Arkansas State University in Jonesboro to attend the Student Leadership Banquet. Sach was the guest speaker. The banquet was held in the new student center at ASU in the Centennial Hall.

I had not been in the new and improved student union since it was completed. The leadership at ASU has, in my opinion, created a beautiful building that blends into the existing campus in a way I didn't think possible. You know how all too often when new buildings are added to college campuses it sometimes turns out like spaceage versus traditional. Not this time. The stone on the buildings and the landscaping outside are exemplary.

The students being honored included those involved in the student government, student activities board, yearbook staff, and global involvement. These young people are in charge of the future of our society. They are the most visible kids at ASU this year. They manage to serve in many capacities all over campus without losing sight of their academic goals.

Sach spoke on his experiences as student government president during his senior year at ASU. His key point was to let these experiences lead them on to serve their communities. He also encouraged them to step out and not be afraid to take chances. He recited a story about asking to talk with university president, Les Wyatt. He was the first student to ever do so.

The evening was one of those magical moments when you walk up and the faces light up around you. Old friends and associates made Sach and I feel so welcome and appreciated. Sach explained on the way home that it was one of those few times when the expectations of your reception far exceeded what he dared to hope for, a coming home to ASU.

Originally posted at InjuryBoard by Jeanie Oliver