Jonesboro Personal Injury Lawyer

Recall - Children's and Infants Liquid Tylenol

Chrissie Cole — Wed, 30 Sep 2009 13:26:00 GMT

Certain lots of Children’s Liquid Tylenol Products have been voluntarily recalled because they may have bacterial contamination.

One of the inactive ingredients tested positive for B. cepacia. However, bacteria were not found in the finished product. While the risk of a serious medical event is minimal, the company decided to recall the products as a safety measure.

According to the CDC, B. cepacia is the name for a group or “complex” of bacteria that can be found in soil and water which is often resistant to common antibiotics.

The following brands are included in the recall: Children’s Tylenol Suspension 4 ounce Strawberry, Children’s Tylenol Pediatric Suspension 1 ounce Cherry, and Infant’s Tylenol Suspension Drops ½ ounce Grape.

Consumer Information: Contact Johnson & Johnson’s McNeil unit at 1-800-962-5357 with further questions.

All 21 recalled Tylenol products and their corresponding lot numbers.

Originally posted at InjuryBoard by Chrissie Cole

Tort Reform: Why Conservatives Should Oppose It

Paul Ford — Wed, 06 May 2009 09:51:18 GMT

I recently attended a legal seminar and heard Ken Connor, an attorney from Florida, speak. Ken is a conservative trial lawyer. And his perspective on tort reform and people of conservative ideology was extremely insightful. I have thought about his message many times and have come to conclude that conservatives are being sold a bill of goods on the subject of tort reform; and in fact, are departing from traditional conservative values when supporting Tort Reform.

Conservatives believe that the government closest to the people serves the people best. Thomas Jefferson established this core value and conservatives to this day hold to its truth. Conservatives do not want politicians and bureaucrats in Washington, D.C. or their state capitol making decisions that control their local school board. Conservatives believe that the size of government makes it subject to ineffeceincy, and even corruption. Money buys influence. Yet, in the support of tort reform, one must be willing to allow politicians, who are swayed by lobbyists, to determine that tort claims should be capped, for example, at $250,000. Yet the politicians know nothing about the particular case. This is a prime example of a government that is not serving its people, but instead is being influenced by the desire to control costs and increase profits.

Furthermore, conservatives believe that money is a motivator and that accountability leads to responsibility. Many conservatives will agree that society sets rules and that those who violate those rules should be held accountable and required to pay the damages caused by the violation of society's rules. Yet the core premise behind tort reform is to limit the amount one must pay, despite the true damage caused. That does not promote accountability. It destroys it.

Many conservatives, when asked, will tell you that if you do not punish bad behavior, you get more of it. Many conservatives believe in spanking their kids to teach them not to do the wrong thing. They believe that if you do not punish in proper relation to the extent of the wrong doing that you send the wrong message. That is exactly why tort reform sends the wrong message. Particularly when it comes to an artificial damage cap determined by politicians. It sends the message that no matter how wrong your behavior is and no matter how much damage is causes, you will only have to pay so much. That is a free pass and it promotes wrong behavior.

It certainly does not promote accountability and responsibility.

So, I encourage conservatives to consider the true impact of tort reform. It allows corporations to use their financial influence in the political arena to promote their own selfish agenda. Turn on the television, pick up a newspaper, or read online; and when you do so, the overwhelming truth is that companies will stop at nothing to make a profit. In fact, many will argue that the current financial crisis is brought on by corporate greed. Unregulated corporate greed. And tort reform is nothing more than another example of corporations seeking to be protected from regulation....protected from the voice of the people....the voice of a jury.

So, conservatives, rise up and speak out against tort reform before it is too late.

Originally posted at InjuryBoard by Paul Ford

Bicycle Safety Tips and Resources to Avoid Serious Injury

Margaret Embry — Thu, 30 Apr 2009 13:55:30 GMT

According to the National Highway Traffic Safety Administration (NHTSA),

In 2007, 698 pedalcyclists were killed and an additional 44,000 were injured in traffic crashes. Pedalcyclist deaths accounted for 2 percent of all traffic fatalities, and pedalcyclists made up 2 percent of all the people injured in traffic crashes during the year.

Pedalcyclist fatalities occurred more frequently in urban areas (72%), at non-intersection locations (64%), between the hours of 5 and 9 p.m. (26%), and during the months of June (11%) and September (11%).

In order to avoid serious injury or death while riding a bicycle, it is important to take a look at safety guidelines for cycling. The NHTSA provides educational information on how to bike safely, called the 10 Smart Routes to Bicycle Safety. The Pedestrian and Bicycle Information Center (PBIC), a national clearinghouse for information about health and safety, engineering, advocacy, education, enforcement, access, and mobility for pedestrians and bicyclists, is also a great resource for learning more about bicycle safety.

The PBIC also has a Bikeability Checklist on their website which allows a biker to evaluate their neighborhood's bikeability. In addition to the questions, the Checklist provides both immediate answers and long-term solutions to a neighborhood's potential problems.

Originally posted at InjuryBoard by Margaret Embry

Wearing a Bicycle Helmet May Save Your Life if You are in a Bicycle Accident

Paul Ford — Tue, 24 Mar 2009 15:06:19 GMT

I have been an avid cyclist for years and look forward to Daylight Savings time so that the days are longer and I can get in a bike ride after work. Already this year I have seen many others heading out for a ride in the afternoon now that we have had a few warm days as well. Yet sadly, I notice many are not wearing a helmet.

Having had numerous crashes, I know well how important it is to wear a helmet. Over 10 years ago I had a bad wreck that broke my collarbone and wrist. And that was after I broke my fall with my head. But for my helmet, I have no doubt that I would have been killed.

"It is so important that everyone who rides a bicycle wears a helmet," said Sara Snelling, a physical therapist at HealthSouth Deaconess Rehabilitation Hospital. "The risk of brain injury from a bicycle accident could be reduced by almost 90 percent if a helmet is worn."

The next great mistake that is made is by cyclist who think they are too experienced to wear a helmet. I myself made that mistake one day. I missed being hit by a car at highway speeds by less than 100 feet. I have worn one everytime since. And don't think it cannot happen to you. The infamous Lance Armstrong was recently involved in a wreck. No one cam claim more expereience than that!

Armstrong reportedly remains hospitalized in Spain following a crash this morning. The seven-time Tour de France champ was participating in his first professional race on European soil since winning his last yellow jersey when he got caught up in a massive pile-up involving dozens of other riders.

Reports say Armstrong went down about 12.5 miles from the finish line during the first stage of the 5-day race. Sources say the star athlete broke his collarbone. Some reports say the father of three young children (and one more on the way) appeared to be in considerable pain as he was rushed by ambulance to the Rio Carrion hospital in Palencia. Other reports say Armstrong has withdrawn from the race and will be flying back to the United States to seek advanced medical care

So when you head out on your bike for a little exercise, wear that helmet. It may just save your life. And after you follow safety tip #1, make sure you obey all safety and traffic laws.

Originally posted at InjuryBoard by Paul Ford

What do I do After I Have been Involved in a Car Accident?

Paul Ford — Fri, 20 Mar 2009 15:16:43 GMT

In 2006, government statistics revealed that an automobile accident occurs every 11 minutes. That is a stagering statistic. Because they happen so often, it only makes sense to know what to do if and when you are involved in one. This is particularly true in today's legal environment of advertising, direct mail solicitation, aggressive and hostile insurance tactics, or even worse, runners.

What is a runner? A runner is an individual working with an attorney and/or a doctor (this includes chiropractors) to run down new clients using unethical and, many times, illegal methods. In the information age in which we live, these folks obtain your information from the Accident Report that is prepared by the police agency responding to the accident. They then contact you in a "race" to get the new client.

But not only are certain lawyers and doctors racing to the new "client/patient" for their own financial gain, insurance companies are, likewise, "racing" to the scene in an effort to "assist" you. Do not be fooled. These insurance adjusters are looking out for the best interests of the insurance company, not yours.

So, what should I do? First and foremost, seek medical attention from a trusted source. Your local hospital or a doctor (including chiropractors) you already have a patient/doctor relationship with. The recent death of actress Natasha Richardson is a clear reminder that some injuries are much greater than they may seem at first.

Secondly, JUST SAY NO!! Say "NO" to recorded statements. DO NOT let anyone record your version of the facts before you have spoken to an attorney. And when choosing an attorney, I suggest you choose one based upon a referral or reputation....not advertising or solicitation letters.

And finally, check out this link on the InjuryBoard.com website on what to do after a car accident. You will find some very helpful information in this article.

Originally posted at InjuryBoard by Paul Ford

A Car Wreck with an Uninsured Driver: What do I do?

Paul Ford — Wed, 18 Mar 2009 17:03:03 GMT

More and more drivers do not have insurance. The law refers to these people as uninsured motorists. And being in a car wreck with such a motorist can be extremely damaging to you, beyond the injuries you may have suffered. So, how can you protect yourself?

First, you should have full coverage. Both uninsured and underinsured motorist coverage. Having minimum "liability only" coverage can cost you significantly. For example, you only have liability coverage and you are hit by a driver who ran a red light; then to make matters worse, this negligent driver does not have insurance. Because you had liability coverage only, there will be no insurance proceeds to repair your car, nor coverage for your injuries.

If you had uninsured motorist coverage, there would be coverage for both your car repair and any injuries you and/or your family may have suffered.

So, why have underinsured coverage? The State of Arkansas only requires a minimum of $25,000 in coverage per claim, $50,000 per occurrence. If that same driver that ran the red light only had the minimum coverage and you or a passenger were (unfortunatley) seriously injured, there may not be enough coverage to cover your medical bills, much less any lost wages or pain and suffering. By having underinsured coverage, you have provided extra coverage to protect you from these losses.

While it is my sincere hope that you are never involved in a car wreck, you may very well be in one some day...I sure have. And if that unfortunate event does in fact occur, not having sufficeint insurance coverage will only make it worse. So, protect yourself and your family and discuss these matters with your insurance agent. And I bet you will be surprised how little this very valuable and added coverage will cost.

Finally, when driving, be safe and buckle up!

Originally posted at InjuryBoard by Paul Ford

How to Exercise Safely and Avoid Bicycle Accidents

Paul Ford — Wed, 18 Mar 2009 16:13:13 GMT

This past summer saw two tragic incidents invloving pedestrians/cyclists and automobiles. To make matters worse, both tragedies could have been avoided by the pedestrian/cyclist taking appropriate measures for their own safety. Having been an avid cyclist for nearly 20 years, as well as completing two Ironman competitions, I understand the safety issues involved and hope to share some insight to avoid yet another tragedy.

Always obey the traffic laws when riding your bike. The law in Arkansas treats cyclists and motorists the same. Cyclist must obey all traffic signals/signs and yeild the right of way just as if they were driving their car. If riding before or near sunrise/sunset, you should always have a flashing red light. You can get one at any bike shop and they are inexpensive. One of the tragedies I spoke of involved a cyclist riding on a busy highway near major factories right before sunrise. He was not using a light of any kind and was hit by a truck. It nearly cost him his life. A simple plan could have prevented this.

1. Get a headlight. If you're riding at night, you should absolutely use a front headlight. It's required by law, anyway. Even for daytime riding, a bright white light that has a flashing mode can make you more visible to motorists who might otherwise Right Cross you. Look for the new LED headlights which last ten times as long on a set of batteries as old-style lights. And helmet- or head-mounted lights are the best, because then you can look directly at the driver to make sure they see your light.

A second recommendation is to avoid major highways, particularly during heavy traffic times. If you must use a major highway, use the shoulder of the road. If there is not a shoulder, simply avoid the highway....period. And above all, use a flashing red light.

The second tragedy did result in the death of an experienced runner who was struck by a car. Sad to say, but this could have been avoided by simply following a couple of simple rules. When running, and/or walking, the runner should go against traffic....or in other words, in the opposite direction. This allows you to see oncoming traffic. And if it appears that they don't see you, be prepared to simply take a step or two to the left to get out of the way. And this method is only necessary if there is no sidewalk available. By all means, if a sidewalk is available, use it!

To conclude, use common sense safety. Use a light. Use the sidewalk. Choose the route and time of day you excercise taking into consideration the amount of traffic and available lighting, whether by sunlight or artificial light. In the early morning or in the evening, consider the impact of the rising or setting sun on the driver's ability to see. For example, don't ride directly into the rising sun as a driver may be blinded by the sun and not see you on the road. And last but not least, when on your bike, wear a helmet.....More on that subject to come!

Originally posted at InjuryBoard by Paul Ford

Legal Nurse Consulting

Kim Cooksey, PLS, BSN, RN — Fri, 06 Feb 2009 09:55:15 GMT

A review of medical records by a practicing nurse can be of great help when a potential client asks for assistance in pursuing medical malpractice claims. The legal nurse consultant has experience in both medical and legal knowledge. Using the knowledge gained from practicing in the hospital setting to assist the attorney in understanding the standard of care is critical in evaluating a case. There are several organizations which offer certification in this field, namely the Vickie Milazzo Institute or the American Association of Legal Nurse Consultants.

Medical malpractice claims are not the only area where a registered nurse can be of assistance to the attorney. The pursuit of relief for the personal injury client can also be a confusing terrain for the attorney when mounds of medical records that are produced from treatment arrive. The need for understanding of medical terms, procedures and standard of care is necessary in assessing the treatment received by the client. The registered nurse can assist in traversing this terrain and providing a chronology of treatment, reports of the treatment in layman’s terms, research relating to the treatments provided or symptoms exhibited by the client / patient, etc.

In addition, having prior knowledge of how attorneys think has been useful to me when preparing a case for presentation. If a registered nurse who has never worked in the legal field wishes to enter the field of legal nurse consulting, taking classes in legal studies may be a good way to start. I am very fortunate to have worked in the legal field for the past 20 years. Many of those years have been with Paul Ford. Therefore, a work relationship was established long before I obtained my nursing license. My practice enables me to read records as a nurse and that working relationship enables me to read them as a paralegal. I don’t make decisions about what cases are pursued, but give my feelings regarding the potential case. Thus, the legal nurse consultant saves the attorney time, which is a luxury to the busy practitioner.

Originally posted at InjuryBoard by Kim Cooksey, PLS, BSN, RN

Hospital Negligence: Yes, Hospitals are Dangerous Places

Paul Ford — Tue, 03 Feb 2009 16:32:20 GMT

A trip to your local emergency room can be a very dangerous experience. Hospital negligence is of epidemic proportions. And this in not the opinion of lawyers. It is the opinion of the medical community.

Current research done by the medical community suggests that nearly 200,000 patients die each year in hospitals as victims of medical mistakes.

Furthermore, there is little evidence that this stagering statistic has improved.

The 2008 study referenced above was conducted by a review of Medicare patient records, usually the poorest members of our society. Can one conclude that economics plays a role in the level and quality of healthcare one receives? Perhaps. But what is certain is that hospitals are dangerous places and medical errors do occur.

Imagine the uproar that would occur if 390 jumbo jets loaded with passengers were to crash and kill all of the passengers over the rest of the year 2009. The level of scrutiny would be unprecedented. The news coverage would be nonstop. People would be demanding that the system be fixed. Yet, as the 2004 study pointed out, that is the number of deaths occurring in American hospitals as a result of preventable errors.

It is not uncommon to pick up a newspaper or turn on the news and hear someone talking about the problems created by the filing of medical malpractice actions. Yet, when reviewing the studies referenced above, it is clear that the real epidemic is in the number of preventable medical errors occuring in hospitals. And the numbers cited above are for DEATHS, not injuries that the patient recovers from. When those numbers are added, the number of preventable errors in American hospitals each year is mind-numbing.

Perhaps you or a loved one has had a similar experience. If so, I would love to learn more about your experience. It is important to share this information. Further, I invite you to check back to this site as we post additional articles, written by a doctor and a nurse, about things you can do to help prevent such medical injuries and protect yourself and your loved ones.

GOLDEN, Colo. (April 8, 2008)

– Patient safety incidents cost the federal Medicare program $8.8 billion and resulted in 238,337 potentially preventable deaths during 2004 through 2006, according to HealthGrades' fifth annual Patient Safety in American Hospitals Study.

HealthGrades' analysis of 41 million Medicare patient records found that patients treated at topperforming hospitals had, on average, a 43 percent lower chance of experiencing one or moremedical errors compared to the poorest-performing hospitals

– An average of 195,000 people in the U.S. died due to potentially preventable, in-hospital medical errors in each of the years 2000, 2001 and 2002, according to a new study of 37 million patient records that was released today by HealthGrades, the healthcare quality company

Lakewood, Colo. (July 27, 2004)

Originally posted at InjuryBoard by Paul Ford

Salmonella Tainted Peanut Butter and Trial Lawyers

Paul Ford — Thu, 29 Jan 2009 15:36:59 GMT

The New York Times published an interesting article today about the peanut butter plant in Blakely, Georgia, owned by Peanut Corporation of America of Lynchburg, Virginia, responsible for the salmonella tainted peanut butter outbreak resulting in hundreds of people being sick and 7 deaths. No doubt someone will say something negative about greedy trial lawyers, but thank goodness we have trial lawyers. The Times article is proof enough.

The plant has been repeatedly inspected and on multiple occassions has been found to be in non-compliance with health and safety regulations. The repeated inspections were all a part of the the Food and Drug Administration system in place to insure a safe food supply for all of us. Unfortunatley, the system of inspections and violation reports are not enough. Despite the knowledge of the repeated violations, they continued. And now, tragically, lives have been lost because of the negligence of this company to comply with safety regulations.

What is my point......while safety regulations are great and necessary, they are not enough. Our founding fathers knew that a system of government needed a system of checks and balances. They were so right. Notice it is a "system" and checks and balances are in the plural sense, not singular. This is where trial lawyers come in.

When a corporation fails to comply with safety regulations in place for the safety of its customers, those injured customers are not left to hope that government inspections and regulations will resolve the problem. They may turn to the legal system to seek due compensation for their injuries and/or death. That right has been a fundamental aspect of our system of law and order. Despite the fundamental and essential nature of seeking legal redress in a trial by jury, the system is under attack. It is under attack because it works.

Corporations and individuals should be held accountable for their actions that injure others. Yet, as sad as it is to say, many well organized corporations and individuals seek to limit and avoid that accountability by a constant and continued attack on our system of laws. Yes, that's right. It is called Tort Reform.

Trial lawyers, though constantly vilified and insulted, stand in the fight against this well organized foe to protect the rights of those who are not organized. Fighting to protect the rights of the families left behind after 7 needless deaths were caused by salmonella tainted peanut butter. Fighting to hold corporations accountable for such unacceptable behavior. So the next time you hear someone insult a trial lawyer, know they are really attacking you and the rights of you and your family to hold corporations such as this accountable for their actions.

Originally posted at InjuryBoard by Paul Ford