Personal Injury Law Blogs

High School Football and Traumatic Brain Injuries

High School Football Brain InjuryAnyone who watches football on a Sunday afternoon knows that it is a sport where brain injuries are common. What many people don’t know is that high school athletes are just as at risk for these injuries. Any contact sport comes with the risk of traumatic brain injuries, and it isn’t just males who are suffering from them. Read on for more information regarding high school football and the potential long-lasting effects of a traumatic brain injury.

High School Athletes and Brain Injuries

The Centre for Disease Control (CDC) has found that there has been a 62 percent increase in the last decade of adolescents under the age of 19 suffering from serious head injuries. While it has been suggested that this increase might be because contact sports are becoming more popular and so more high school students are taking part in them, it must also be recognized that high school athletes are bigger and faster than ever before, increasing the risk of concussions.

While males and females suffer from traumatic brain injuries while participating in their high school sport, it has been found that 70 percent of sufferers are male. While girls’ soccer also presents a high incidence of traumatic brain injuries, high school football results in more brain injuries than biking, soccer and basketball combined. Shockingly, boys aged 15-19 represent half of all football brain injuries.

High School Athletes and Concussions

High school football players suffer the highest rates of concussions. While it was once believed that concussions were similar to bruising, it is now known that a concussion is when the head is violently shaken, as would be the case with a football tackle. A rapid acceleration or stop causes the brain to be flooded with chemicals, also known as neurotransmitters. This flooding of neurotransmitters can result in symptoms such as memory loss, confusion, blurred vision, headaches and even unconsciousness.

While helmets have caused injuries such as skull fractures to essentially disappear, there are still instances of high school football players dying from traumatic brain injuries related to their sport. While the average number of adolescents under 18 to die from football brain injuries is 3 to 4 per year, it has been noted that their deaths are more likely due to the fact that they had not given their first concussion enough time to heal. A concussion takes at least 10 days to properly heal, although the risk of suffering from subsequent concussions increases.

Suffering from just 2 concussions can increase an individual’s chance of mental problems, such as reoccurring headaches, dizziness and trouble sleeping. Suffering from more than 2 concussions has also been shown to cause an individual’s GPA to drop.

Recent Research Conducted and CTE

New research has shown that traumatic brain injuries, such as those sustained from football, can lead to a long-term degenerative brain condition. CTE, or Chronic Traumatic Encephalopathy, can only be diagnosed post-mortem but is not uncommon in individuals who have suffered multiple concussions or other traumatic head injuries. Repeated concussions over a period of time can result in CTE, which is incurable. Symptoms include memory loss, depression and dementia.

On average, 2 million student athletes each year suffer from some kind of brain injury, but high school football players are at the highest risk. After medical treatment, it is recommended that injured student athletes and their families seek the help of an experienced legal professional so that compensation for any medical treatments, or for pain and suffering, can be received.

If you or a loved one has suffered a traumatic brain injury while playing football or another high school sport, you may be eligible for compensation.  For more information about traumatic brain injuries resulting from high school sports, visit the website of Marks & Harrison Attorneys at Law, a brain injury law firm located in Richmond, Virginia at www.MarksandHarrison.com.

Three Common Work-Related Spinal Cord Injuries

spinal cord injuryWith over 12,000 spinal cord injuries every year in the United States no one is immune. It has been discovered, however, that young men are more likely to suffer this kind of injury. Car accidents cause the majority of spinal cord injuries in the USA, accounting for close to 40 percent of all spinal cord injuries each year. However, the risk of suffering from a spinal cord injury increases with certain jobs, and can be a common work-related injury. Read on for three common work-related spinal cord injuries.

Nerve Damage and Loss of Sensation

Nerve damage and loss of sensation is the most common work-related injury, and fortunately, also the least serious. Nerve damage and a loss of sensation are commonly caused by repetitive actions. Many jobs require repetitive actions throughout the day, meaning many jobs can result in repetitive stress injuries. In fact, 60 percent of all job-related injuries are repetitive stress injuries.

While repetitive stress injuries can occur in any part of the body, they are common in the back for those who work jobs that require pipe setting, sawing, jack-hammering or general mechanic work. A repetitive strain injury that targets the back can result in back pain, tingling, numbness and weakness.

Incomplete Cord Injuries or Partial Paralysis

An incomplete spinal cord injury is more serious than nerve damage or the loss of sensation brought about by repetitive stress injuries. A partial or incomplete spinal cord injury that could result from work would include Anterior Cord Syndrome. Anterior Cord Syndrome is where the front of the spinal cord is injured, which decreases an individual’s ability to feel pain and temperature. However, it is possible to regain the sense of touch and it is possible to regain movement.

Posterior Cord Syndrome occurs when the back of the spinal cord is injured. When an individual suffers from this injury, they are unable to perceive the positioning of their own body, but can retain motor movement. These symptoms are similar to Brown-Sequard Syndrome, an injury where the middle of the spinal cord is injured.

This type of injury can affect individuals who work with vehicles, with heavy machinery, or who do heavy lifting. Truck drivers and individuals who work in construction are at risk. As Brown-Sequard Syndrome generally occurs from a gunshot or stab wound, those working around guns are more at risk.

Complete Cord Injuries

A complete cord injury results in paralysis. Paraplegia is when an individual loses motor control of both legs, while quadriplegia is a spinal cord injury where an individual loses motor control of both arms and both legs. Individuals who are at risk of traffic accidents, assault, or falls while at work are most at risk of this kind of spinal cord injury.

Accidents can happen in the workplace, and unfortunately, spinal cord injuries can be the result. Spinal cord injuries can be irreversible, so it is a good idea to get the help of an experienced legal professional if you or someone you know has suffered from a work-related spinal cord injury. A legal professional will hold your employers responsible, and ensure you receive the compensation necessary to cover any ongoing medical costs or to help you through financial hardships.

If you have suffered a spinal cord injury or other serious injury as a result of an accident in the workplace, you may have a workers’ compensation claim.  For more information, please visit the website of Maguire Law Firm, a workers’ compensation law firm located in Myrtle Beach, South Carolina at www.MaguireLawFirm.com.

Vaginal Mesh Implants: Is Any Brand Safe?

These days, we are faced with more and more options when it comes to our healthcare. While many of the new products on the market are highly beneficial—and in some cases, can even be lifesaving—others are not as effective. This is especially true when it comes to vaginal mesh implants, which may vary quite dramatically in quality and effectiveness. Individuals who are considering the inclusion of these products should have a basic understanding of their use, and be able to identify the risks associated with vaginal mesh implants produced by different medical companies.

Without a doubt, having a basic understanding of the background of vaginal mesh implants is essential for individuals who are considering the use of the products. According to Drug Watch, vaginal mesh implants and medical devices that were designed in the late 1990s as a treatment for moderate to severe forms of pelvic organ prolapsed and stress urinary incontinence. Unlike many over-the-counter remedies, vaginal mesh implants required major surgery for placement, thus increasing the risks of the products to even greater levels. While there are a number of organizations around the world that produces these items, the most well-known include Johnson and Johnson, Bard Medical, and Boston Scientific.

As mentioned above, vaginal mesh implants that were manufactured by Johnson and Johnson were some of the most popular on the market. Pre-cut vaginal mesh and the provision of required tools made them a common choice by surgeons living in all parts of the world. Despite begin used for nearly 15 years, the FDA issued a recall against vaginal mesh implants that were manufactured by Johnson and Johnson due to failure and injury associated with the items. Since this time, thousands of lawsuits have been filed against the company for providing dangerous products to consumers.

Other brands that have faced significant legal problems over the past few years due to the distribution of their vaginal mesh implants include Bard Medical and Boston Scientific. While injuries are varied, patients who received products made by Bard Medical are believed to be at risk for nerve damage, infection, and certain types of skin erosion. Unsurprisingly, the company is facing hundreds of lawsuits from individual patients who received the items. Similarly, Boston Scientific is fighting many private cases that claim the vaginal mesh implants manufactured by the company are behind the development of high rates of organ puncture.

Obviously, the risks associated with vaginal mesh implants are varied and serious. While they likely can provide many important benefits when produced in a responsible manner, most of the products currently on the market are considered to be quite dangerous for private use. Individuals who have been diagnosed with one of the conditions described able may want to consider consultation with a series of physicians before making a final decision on the use of these implants. In some cases, minor, less invasion procedures may be able to produce results that are similar to those obtained through the use of vaginal mesh implants.

If you have suffered injuries and were forced to seek medical attention as a direct result of your vaginal mesh implants, you may have a case and should contact a lawyer.  Blasingame, Burch, Garrard & Ashley, P.C. is a transvaginal mesh law firm located in Athens, Georgia.  For more information about the risks of transvaginal mesh, visit the website at www.SurgicalMeshHelp.com.

 

Toning Shoes can put you in a Wheelchair

Over the past several decades, the lives of individuals residing in the United States have become increasingly hectic. Work, school, and other obligations mean that people do not have the same amount of time to exercise and recreate as they did in the past. Unfortunately, this inactivity—combined with poor eating styles and certain genetic factors—means that more and more people are becoming overweight or obese. While there are a number of ways in which weight can be managed, the use of products which tout an ability to produce rapid weight loss, such as toning shoes, is increasingly popular. Individuals who are interested in the use of these shoes should have a solid understanding of the product, as well as their acute and chronic health risks before making a purchase.

When it comes to understanding the dangers of toning shoes, having a basic comprehension of their design is often considered to be essential. In most cases, toning shoes are designed with a rocking base that is specifically intended to be unstable. By decreasing the stability of athletic or casual shoes, shoe designers believe that users will be required to engage muscles in their abdomen and lower back to a greater extent. Increased muscle engagement has been found to lead to calorie burn, which is associated with gradual weight loss.

While there are some benefits associated with the use of toning shoes, their risks are quite significant. Though some of the dangers linked to these products—including turned ankles and joint pain—may be relieved with rest and relaxation, others are quite severe. In fact, the American Academy of Podiatric Sports Medicine reports that toning shoes can be a major risk factor for falls, especially in those who have poor balance, weak lower body muscles, a history of vertigo, or chronic ankle instability.  When these falls occur in an elderly individual or someone with weakened skeletal tissue, a serious break or fracture is likely to occur. Recovery from a fall associated with toning shoes can take several months, and may require the use of a wheelchair or other assistive device, physical therapy, and even major surgery.

Obviously, toning shoes can be quite dangerous—and the complications associated with their use are very noteworthy. Relying on the use of a wheelchair following a bone break or fracture can make driving, working, and even completing the activities of daily life exceedingly difficult, if not all-out impossible. Even when a wheelchair is no longer needed, pain and physical impairment may still remain for several months or even years. Instead of turning to toning shoes, then, most individuals are encouraged to lose weight and build muscle in the old-fashioned way—through diet and exercise. Thought this process may be more difficult and timely, the risks associated with the activity are relatively minor. People who have questions about diet and weight loss may want to consider consultation with a registered dietitian, physical therapist, or other member of their health care team.

If you have been injured because of the use of toning shoes, you may have a case to help compensate for the injuries you sustaining.  Janet, Jenner & Suggs, LLC is a toning shoe injury law practice with firms located in North Carolina, South Carolina, and Maryland.  For more information, visit the website at www.ToningShoesInjury.com.

Be Safe This Christmas: Avoid These Dangerous Toys


dangerous toys

The Christmas holidays can be a magical time for families, but they can also be a very dangerous time for those who haven’t done their homework about which toys will present a threat to their children. In a rush to get their products on store shelves before the Christmas shopping season begins, many companies don’t properly test their toys. This race to get products on the shelves can lead to shoddy manufacturing or design flaws that can put children in serious risk if they’re not caught soon enough and each year many dangerous products lawsuits are born out of this negligence. This is the major problem with Christmas: by the time the dangers of a toy are caught it’s already in the hands of hundreds of thousands of children around the world. If you want to make sure your gifts are safe and won’t present a threat to kids, then you should consider leaving these dangerous toys out of your shopping cart.

 

Morphobot: Imitation Transformer at Imitation Quality

Everybody is familiar with dollar store versions of popular toys and characters. For lower income families they provide an affordable alternative to the more expensive brand name toys, and allow children to have a Christmas tree stocked with toys. In order for some of these toys to be sold at lower prices they also lower the quality standard at which they are produced. This is the case with Morphobot, a robot action figure sold exclusively at Dollar Tree stores. The biggest issue with Morphobot toys is that they have much higher than acceptable lead quantities, testing at 180 ppm, which is 80 ppm over the current standard of 100 ppm. It manages to not break any laws because it was manufactured before the new lead standard was introduced in August 2011.

 

Kneeboards: A Hot Trend That is guaranteed to End with Injury

Some toys are rushed onto the market to try and beat any competitors that may release a similar product. This happens a lot with toys that are designed to be a new take on the skateboard, and the kneeboard is no different. The point of the Spinner Shark 4-Wheel Kneeboard is to lie down on all fours and grip a handle with your hands while racing your friends on a downhill surface. If the amount of warning labels that come with this product are any indication, this is a toy that should only be used by teenagers and not the “8+” that it is marketed towards. This kneeboard made “World Against Toys Causing Harm’s” annual list of the most dangerous toys.

 

 Dora the Explorer Guitar: Dangerous for a Kid’s Ears

According to hearing experts, any toy used by a child should be no louder than 80db. The Dora the Explorer Guitar, manufactured by Fisher-Price and sold at Target stores, tests at over 85db. This many not seem like that large of a difference, but when it comes to the hearing of a developing child is there really any reason to take a chance? You need to make sure that any toy that makes noise, which includes tablets handed over to a kid, has a manageable decibel level otherwise there is a risk of doing damage to their hearing.

These three toys are the biggest violators this Christmas season. If you want to be safe then make sure to always do a little research into every toy you buy as a gift. You would be really surprised at how often major corporations release toys that have either tested poorly or have a design that will guarantee injury. Just make sure you’re safe this Christmas, because if you aren’t safe when buying a toy your child may not be safe playing with it.

If you or a loved one have been injured by dangerous toys or defective products you may have a product liability case.  For more information, visit the website for The Law Office of Kevin Krist, a defective product lawyer located in Houston, Texas at www.KevinKristLaw.com.

Disneyland’s Legal Battlefield

Disneyland is under siege, and the weapon of choice is litigation! According to several sources, the famed family theme park, located in Anaheim, California, has been served with approximately 140 personal injury lawsuits over the past five years. Ostensibly a problem of balance-challenged Mickey Mouse fans, the majority of the cases stem from slips, trips and flying objects.

Protecting The Mouse’s Rep: Why You Will Probably Never Hear Much About Disneyland’s Lawsuits On The Evening News

Do not, however, expect to hear about Disneyland’s legal battles on the evening news. After all, the multi-billion-dollar conglomerate has a squeaky clean reputation to protect, DVDs to push and leisure opportunities to sell, sell, sell! As such, most of the personal injury claims against Disney are either dismissed or quietly settled out of court.

The Disneyland Personal Injury Lawsuits: Fairytale or Fair Game?

Let’s face it, fellow humans, our collective cultural penchant for “sticking it to the fat cats” often results in frivolous litigation — motivated by dreams of hitting the lawsuit lottery — which only succeeds in clogging up courts. But a cursory examination of recent cases reveals that a fair percentage of the claims were strong. For example, one lawsuit involved a woman who, at a theme park hotel, experienced an unfortunate and damaging fall after encountering a few rogue eggs on the floor of Goofy’s Kitchen. Another Disneyland case was brought forward by a gentleman that was injured after a falling sheet of metal made contact with his body. In still another claim against the iconic-rodent-corp, an untethered food-court umbrella smacked a female visitor’s head, triggering seizures; as a result, the woman was awarded $500,000. To put things in context, though, while 140 lawsuits may seem like an eye-popping amount at first, when you consider that nearly 20 million people visit the theme park annually, 140 is actually a remarkably low number.

The Moral Of Disneyland’s Personal Injury Lawsuit Tale

So what should we take away from this litigious tale? First and foremost, be careful out there! Secondly, if you have a soft-spot for lawyers and want to give the Disney legal team a break, be sure to “mind the gaps” and avoid flying objects the next time you find yourself at the “happiest place on earth.”

Byline

This article was composed by Ty Whitworth, a person who has wide knowledge of personal injury law and lawsuits; he knows of drink driving solicitors to help with such things.

Employer Liability in Motor Vehicle Accidents

Sometimes a car accident isn’t the fault of an individual, but the company they work for. If a person is driving a vehicle while performing work-related activities on behalf of his or her employer, there may be employer liability involved.

Determining whether or not an employer is liable will depend on whether there is justification for assigning legal responsibility on the employer. There are two main examples of when an employer is held liable for a trucking accident: negligence on the part of the employer and vicarious liability.

Employer Negligence

An employer can be deemed negligent if they don’t take reasonable care or do their due diligence with ensuring their new employee is a safe and properly licensed driver. If an employee will be driving a commercial vehicle owned by the employer, the company must make sure their employee has a valid commercial driver’s license.

Another example of employer negligence is when employee supervision isn’t performed properly. Companies must have safety policies in place and need to make sure their drivers comply with safety laws. For instance, federal and state law requires specific logging procedures for drivers and that cargo is weighed and loaded properly.

Vicarious Liability

While vicarious liability doesn’t necessarily mean an employer is negligent, the law does assert that the actions of an employee are essentially the same as the actions of the principle directing the employee.

For instance, if an employer instructs their employee to do something, it’s as if the employer is doing it themselves. If the employee voluntary diverts from their instructions and gets in an accident, then liability by the employer is unlikely. There are also potential additional exceptions depending on the specifics of each scenario, which would need to be determined by a personal injury attorney who better understands the nuances of the law.

Whether you need a trucking accident attorney in Portland, OR (my home area), or anywhere else in the U.S., it is important to discuss the details of a case if you were involved in an accident while performing tasks on behalf of your employer. This also holds true for employers who believe they are innocent of any liability in a motor vehicle accident.

The Importance of SUM insurance for Bicycle Accident Victims

Indulging in the world of cycling is not only healthy and exciting, but it is also dangerous and potentially hazardous to your life. When you are forced to share the road with thousands of pounds metal and inattentive drivers, you are subsequently putting yourself in harm’s way where bicycle accidents can sometimes be inevitable.

When these accidents occur, as a victim of someone else’s carelessness, you are entitled to compensation that helps cover the cost of the resulting medical bulls. The driver’s insurance is required to hire representation and pay for the compensation that the judge awards the plaintiff. However, the insurance companies are only required to cover the costs up to a certain point, where then the defendant is left to cover any discrepancies. If the defendant cannot cover the remaining costs, then they will be deemed as “judgement-proof” and the injured cyclist will have little recourse to collect the remaining balance.

To make more sense of this, we will use an example from New York. In New York, a motorist is only required to have $25,000 in liability coverage. If this motorist ends up getting in a car accident and harming someone else, their insurance is only responsible for costs up to this point. Since medical bills, especially those that occur when a cyclist is involved, can go well over this $25,000 and quickly into the $100,000 range, it is most likely that the motorist will be left with outstanding costs that they cannot pay and thus the cyclist never gets.

This is where Supplementary Underinsured Motorist coverage comes in to play. If the cyclist had purchased this additional coverage generally referred to as SUM, then instead of being stuck with these outstanding medical bills, their SUM would kick in and cover the difference up to their policy limits. Thus, instead of being forced to suffer another misfortune in the form of life changing medical bills, the cyclist simply uses their SUM coverage to make sure that this isn’t the case and that they are able to get their life back.

The reason not everyone already has SUM coverage is because most people are not willing to pay an additional fee for insurance that they think they will never have to use. Nobody wants to picture themselves going through an accident, but the truth is that accidents happen. They are unintended and unexpected, as represented by the very nature of the name accident, and almost impossible to avoid when they do present themselves. As a cyclist, you are even more at risk considering that you are less noticeable by inattentive drivers and the collision is more traumatic due to the size of your bike compared to the mass of a vehicle. While SUM coverage should be purchased by all motorist as a safety precaution, it is for the aforementioned reasons that it is of an absolute essence for cyclist to purchase it.

Do not let a bad thing become worse and ultimately life-altering. Know the nature of the activities you participate in and the risks that accompany it, and be prepared for the worst case scenario so that in the ill-fated event it does occur, you are fully prepared and can limit the extent of the repercussions.

Bedsores and What Kind of Care They Indicate Is Being Provided

(United States Laws) When a person is unable to fully care for themselves, they need the support of other people, in some cases medical caregivers, to provide the care that is essential to their continued well-being. Unfortunately, in addition to the physical injuries, disabilities, and illnesses that a person usually seeks this sort of care for, people who need this level of care are at risk of developing other health problems as well.

One common health issue that many people who are receiving daily care, especially those in hospitals and nursing homes, face is the development of bedsores. Also known as pressure sores, bedsores are caused by a constant pressure being placed on the body, causing damage to the skin and tissue underneath. Bedsores can vary greatly in severity and the amount of damage they cause to those afflicted with them. Unfortunately, these health problems are often quite dangerous as they tend to affect individuals who are already receiving care for other ailments or conditions. Additionally, they are almost always preventable with the appropriate care.

Preventing Bed Sores

Typically, those who develop bedsores are under the care of doctors, nurses, and nursing home caregivers, depending on where they are receiving care. As such, these parties are responsible for taking the appropriate measures and precautions to prevent bedsores from developing, otherwise the victim and / or his or her family may contact a nursing home abuse lawyer to take legal action against the responsible party. Some ways in which these health complications can potentially be prevented include:

  • Regularly moving a patient who is bedridden into different positions. For example, if they are lying on their back, they should be moved onto their side if possible. This can prevent pressure from being applied too long to one spot.
  • Moving a patient or resident who is in a wheelchair to another position or having them do it themselves
  • Getting wheelchairs that redistribute pressure
  • Providing special mattresses and padding

In addition to these preventative methods, there are other things that healthcare practitioners can do to minimize a person’s chance of developing a bedsore. As potentially life-threatening conditions, caregivers should do all that is possible to make sure patients do not have increased risks of developing these health problems.
Carlos is a legal blogger who is passionate about raising awareness of the dangers posed by abusive situations found in neglectful nursing homes.

Illinois Dog Bite Laws

This article is brought to you by Chicago injury lawyer Eugene K. Hollander. If you have been biten by a dog due to the dog owner’s negligence, you may be entitled to compensation for your injuries.

Every day about one thousand U.S. citizens are bitten by a dog and require emergency care. Dog bite law is a branch of law that greatly varies from jurisdiction to jurisdiction, and level of owner responsibility depends on state and county civil, criminal and administrative laws and rulings.

The following are the three dog bite laws that every jurisdiction references, although they may only loosely be followed:

1. Negligence law: States that the dog owner is responsible if he or she was negligent in controlling the animal. This type of dog bite law differs from jurisdiction to jurisdiction, and it is up to the court to decide whether the owner behaved negligently.

2. One-bite law: If the dog has never bitten anyone before, and the owner does not have a degree of knowledge that their animal is dangerous, a court will historically take little to no action. Every dog gets one free bite. However, many jurisdictions are altering or doing away with this law to encourage dog owners to better train their pets and to veer away from purchasing notoriously dangerous canines.

3. Dog bite owner responsibility law: This is the strictest of the three types of dog bite laws. Under this law the owner is fully liable, regardless of how and why the dog bite occurred.

Illinois’ liability statute modifies the one-bite rule. The law states that a person injured by a dog can recover damages against the dog’s owner if he or she proves that the dog caused the injury, the defendant owned the dog, the injured person did not provoke the attack, the injured person was acting in a peaceful manner at the time of the injury and that the injured person was in a place where he or she had legal right to be at the time of the injury. Unlike the aforementioned negligence law, the plaintiff does not need to prove owner negligence in Illinois under the statute.

Dog owners have a responsibility to ensure public safety. Owners of identified “vicious dogs” must act with extreme caution. A vicious dog is one that, when unprovoked, bites or attacks a human or domestic animal. Such a dog has been known to endanger the safety of those around him or her and has a reputation for vicious behavior. Owners of vicious dogs must legally have them enclosed in a fence or structure at least 6 feet tall that prevents the entrance of any young children, and ensures that the animal is unable to escape. Such dogs are only permitted to leave their enclosure to see the vet or if court-ordered, and during those times the dog must be muzzled and restrained with a chain that has the strength of 300 pounds and does not exceed 3 feet.

If you or a loved one has been bitten or injured by a dog, you may be able to recover compensation for your medical bills as well as pain and suffering. Because dog bite laws are complicated and vary so greatly, you should hire an attorney who can explain your case.