Personal Injury Law

Toyota Acceleration Defect - Latest News for Hawaii Motorists

Posted on April 05, 2010
If you have children, were a child yourself circa 1990, or if you just happen to like children's movies, you may remember The Brave Little Toaster. The animated picture tells the story of Toaster, Lampy, Blanky, and other personified household objects who band together to find their lost owner...

Is the New Health Insurance Reform Bill a Good Thing for Hawaii?

Posted on April 04, 2010
Health care is an important subject to all people and it is particularly important to the clients I have represented in Hawaii over the years who have personal injuries or illnesses and must have medical care to get back on their feet and reestablish their lives...

Hawaii Hit With Another Ponzi Scheme

Posted on March 26, 2010
Just recently, a man from Southwest Florida was arrested for running "what investigators call a classic Ponzi scheme" that targeted investors who were mostly located in Hawaii. According to the article on ABC-7 News: [The defendant's] company - Cyber Market Group - would convince investors to loan his firm at least $30,000 to be invested in foreign currency...

What Are the Best Ways to Improve Safety and Health in Hawaii?

Posted on March 18, 2010
The main goal of Injury Board, and this Blog, is to promote health and safety. That may seem odd to some readers since I represent people who have suffered injuries or been discriminated against or who have purchased a Condo or home that is has construction or design defects...

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U.S. Surgeons Suffer From Burnout - What Can Be Done To Help Them?

Posted on December 30, 2009
When the Mayo Clinic and Johns Hopkins both weigh in on a medical issue it gets my attention. These two medical giants stand at the top of the list of great medical establishments in the world. Along with the American College of Surgeons, Mayo and Johns Hopkins took a serious look at what surgeons in the U...

Investigation Of Contaminated Heparin Syringes Highlights Medication Safety Issues

Posted on November 09, 2009
Heparin is a biological compound often used as an anticoagulant, administered to patients through a pre-prepared syringe. It minimizes the danger of such diseases as deep-vein thrombosis, pulmonary embolism and NSTEMI. Since its commercialization in 1936, Heparin has saved countless lives; a recent investigation in the Archive of Internal Medicine, however, suggests that Heparin injections have been responsible for a recent outbreak of bloodstream infections...

Emily Midgley Dies in Big Island Hay Ride on Halloween

Posted on November 02, 2009
The Star Bulletin story "Halloween hay ride proves fatal to Big Isle girl, 7" reports that Emily Midgley of Hawaiian Ocean View Estates jumped off of a trailer at the end of a hay ride and was run over by the trailer. The hay ride was a church event held on Halloween by the Evangelical Community Church...

Why Doesn't The FDA Follow Untested Drugs?

Posted on October 26, 2009
A report from the General Accounting Office (GAO) questions why the FDA "has allowed drugs for cancer and other diseases to stay on the market even when follow-up studies showed they didn't extend patients' lives". The FDA has an accelerated approval program that applies to serious illnesses that lets drugs on the market to help desperate patients but requires follow up studies...

Isn't Tort Reform Only About Frivolous Cases?

Posted on October 25, 2009
If you listen to doctors complain that they need protection from lawsuit abuse and that the real problem in health care reform is defensive medicine and lawsuits driving up the cost of health care, you get the impression that this isn't about terrible medical care and real injuries...

FDA commissioner endorses legislation to improve food safety.

Posted on October 23, 2009
The Los Angeles Times (10/23, Zajac) reports, "Food and Drug Administration Commissioner Margaret Hamburg on Thursday strongly endorsed legislation that would give her agency new tools to improve food safety, but she warned that Congress still must find a way to pay for them if consumers are to benefit...

How Does An Injured Person Describe Their Injury To Doctors, Lawyers and Their Family?(2)

Posted on October 22, 2009
After an injury the first thing a person hears is usually: "Are you hurt?" Describe your injury." The other driver will often ask. The police officer at the scene. The ambulance drivers will ask. The nurse at the emergency room will write it down...

House Financial Services panel debates federal preemption in CFPA.

Posted on October 21, 2009
The Washington Post (10/21, Dennis) reports that the House Financial Services Committee "continued to wrangle over a provision that would allow state governments to protect bank customers by imposing restrictions that go beyond existing federal laws...

The Jones Act in Hawaii: Ed Case and Jim O'Keefe Object to American Worker Requirments.

Posted on October 21, 2009
Malia Zimmerman of The Hawaii Reporter reports on 20 October 2009 that a "Jones Act Lawsuit Will Test Control of Hawaii's Shipping Monopoly". Her story is about a bread maker in Hilo who claims that he had to pay $5.50 to ship a 50 lb. bag of flour to Hilo from the mainland and that the cost ruined his business...

Recall of Chinese Drywall? Don't Hold Your Breath!

Posted on October 20, 2009
The Fort Myers (FL) News-Press (10/20, Wozniak) reports, "A summit beginning Wednesday in Beijing between the U.S. Consumer Product Safety Commission and its Chinese counterpart will press for companies in the Chinese drywall supply chain to take responsibility for their defective product...

Most See That Legal Reforms Are The Wrong Idea

Posted on October 19, 2009
In an op-ed in the Houston Chronicle (10/16), N. Alex Winslow, executive director of Texas Watch, wrote, "Lately we have heard a lot...about Texas-style, anti-patient laws as a solution to our nation's health care crisis. When insurance lobbyists rammed through legal changes that were designed to severely limit the legal rights of Texas patients in 2003, we heard high-falutin' rhetoric promising dramatic improvements in the cost, access, and quality of health care...

Public Option Inusrance Reform - Blind Medical Student Can See What Obama and Biden Can't

Posted on September 30, 2009
Sorry but I have to say this. The American public and the major media are showing their laziness and stupidity in the health - insurance - tort reform debate. If the subjects weren't so serious it would be funny. The public option is the only thing that will make health care honest...

Military Police Officer Joseph Florez-Gonzalez Was Drunk In Critical Crash

Posted on September 30, 2009
Olena Heu of KHON TV reports on critical car crash that involved an intoxicated military police officer Joseph Florez-Gonzales. Military Police Officer Arrested In Connection With Critical Crash photo coutresy of KHON A passenger in the vehicle, also a Schofield soldier, was critically injured when his side of the SUV was crushed as it crashed into a utility pole...

Floor mats Spur Toyota Recall of 3.8 Million Vehicles

Posted on September 30, 2009
The AP (9/29, Thomas) reported, "Toyota Motor Corp. said Tuesday it will recall 3.8 million vehicles in the United States, the company's largest-ever U.S. recall, to address problems with a removable floor mat that could cause accelerators to get stuck and lead to a crash...

What Caused A Motorcyclist To Crash on Papipi Road Sunday?

Posted on September 29, 2009
In a news story posted in the Honolulu Advertiser on Sunday another motorcycle injury is reported (Man in critical condition after motorcycle accident inwww.honoluluadvertiser.com/article/20090928/BREAKING01/309280013/Man+in+critical+condition+after+motorcycle+accident+in+Ewa+Beach Ewa Beach)...

Rulings open former Bush officials to liability for terror policies.

Posted on September 29, 2009
In a story appearing on at least 111 news websites, the AP (9/29, Sherman) reports that former Attorney General John Ashcroft and John Yoo, "one of his hardline lieutenants face the rare prospect of being held personally liable for alleged violations of individuals' rights in the aggressive aftermath of the 2001 terrorist attacks...

OurExperienceCounts.com Speaks Out On Age Discrimination

Posted on September 28, 2009
JEFF WINTERS - Guest Contributor Last year there were 24,582 age discrimination cases received by the EEOC (The Federal Equal Opportunity Employment Commission). The Employment Act of 1967 protects workers who are 40 and older from employment discrimination based on age...

Is Congress Going To Get Rid Of All Of The Trial Attorneys With Tort Reform In Health Care?

Posted on September 25, 2009
My story on the current health care and tort reform debate it became clear to me that nothing and no one in this country can stand up to the insurance industry. Not President Obama even with a majority in both the House and the Senate and a 75% public demand for the public option...

ReGen Biologics Inc.'s Menaflex Device Said To Be "unsafe" - FDA Approves For Sale

Posted on September 25, 2009
In a front-page story, the New York Times (9/25, A1, Harris, Halbfinger) reports that the FDA released a report Thursday that said "four New Jersey congressmen and its own former commissioner unduly influenced the process that led to its decision last year to approve a patch for injured knees...

When Will Big Tobacco Stop Going After Kids - FDA Bans Flavored Cigarettes

Posted on September 23, 2009
USA Today (9/23, Rubin) reports that on Tuesday, the FDA "banned the sale of candy-, fruit- and clove-flavored cigarettes. The move was authorized by the Family Smoking Prevention and Tobacco Control Act, which President Obama signed in June." "These flavored cigarettes are a gateway for many children and young adults to become regular smokers," FDA commissioner Dr...

Dangerous Trailers - Why Did Michael Davison Die In Kona? - Regulation = Prevention!

Posted on September 19, 2009
Why did Michael Davison die at 49 in Kona? He was minding his own business and being responsible. His SUV was slammed by a run-away trailer carrying canoes. I described it as a "freak accident". I was wrong. Trailer Hitch Failure Leads to Death of Michael Davison in Kona on Sunday I now learn that this happens across the country all of the time...

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?

Posted on September 19, 2009
You were injured in an automobile accident and you have decided to consult with an attorney. The 13-point list below is what you need to bring in for your first interview. I am going to make this simple because it is. The work you do will please the lawyer and get the case started in the best possible way...

HHS Tort Reform Study Grants Proposed By Obama To Reduce Malpractice Costs

Posted on September 18, 2009
The AP (9/18) reports that on Thursday the Obama Administration "announced $25 million in grants for states and health care systems to experiment with alternatives to costly medical malpractice lawsuits." The grants will amount to "up to $3 million each for three years," and can be used for "a range of ideas, including programs in which doctors and hospitals quickly acknowledge a mistake, offer an apology and restitution, and pledge to take corrective action...

Tort Reform Has No Place In Health Care Reform

Posted on September 17, 2009
President Obama needs the support of all of us in regard to the efforts by the insurance industry to sneak tort reform into the health care bill before Congress. No back room deals with the insurance industry will be tolerated by the vast majority of Americans who are clamoring for real health care reform and no Shibai! Tort reform has no place in health care reform...

Georgia Supreme Court to hear challenge to 2005 medical malpractice cap law.

Posted on September 16, 2009
The Atlanta Journal-Constitution (9/16, Rankin) reports on the case of a 75-year-old Marietta, Georgia, woman who was "permanently disfigured" after complications from facial surgery, noting that her "case is now before the Georgia Supreme Court, which on Tuesday considered for the first time the constitutionality of the centerpiece of the state's sweeping 2005 tort reform law - caps on jury awards in medical malpractice cases...

Obama Will Not Support Caps On Damages When A Doctor Or Hospital Negligently Injures A Patient

Posted on September 15, 2009
Everyone knows that medical malpractice limitations supported by the insurance industry and doctors won't affect health insurance premiums at all. The California legislature passed a cap on damages when a doctor or hospital negligently injures a patient over 20 years ago (MICRA) and today the insurance company MIEC charges more for malpractice insurance to California doctors than it charges to Hawaii doctors...

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