Personal Injury Law

Does Obama Want A Public Plan for Health Care Reform? Or an Insurance Plan? At a Town Hall Event, He Says That Malpractice Caps Are Bad.

Posted on July 02, 2009
President Obama's town hall meeting on healthcare reform generated extensive media coverage. USA Today (7/2, Page) reports that the event "lacked the energetic free-for-all quality of the town hall sessions Obama held during the campaign. The questions posed from social media networks were selected by White House staffers, and the three people he called on from the audience all were affiliated with advocacy groups that support Obama...

Can Acetaminophen Kill? FDA panel recommends smaller acetaminophen doses, painkiller bans.

Posted on July 01, 2009
The CBS Evening News (4/30, lead story, 3:05, Couric) reported, "An FDA panel recommended today that prescription Vicodin [hydrocodone bitartrate and acetaminophen] and Percocet [oxycodone and acetaminophen] be banned, and that over-the-counter Tylenol, Excedrin, Nyquil, and Theraflu contain stronger warning labels...

Health Care Reform? Nothing Short of the Public Plan Will Do For the Public

Posted on June 30, 2009
I support the Public Plan for Health Care Reform and I am not backing down and I am not shutting up. I am in good company because between 72% and 83% of the public want a Public Plan for Health Care Reform. Is Congress listening? Does President Obama understand what is stake here? I am not sure they do...

Bone Meal is Bad Stuff in Dog Food! Fluoride above healthy levels is found in n 8 national brands.

Posted on June 30, 2009
God bless the Environmental Working Group (EWG). EWG Worldwide Headquarters announces that the pet food testing that voters contributed to resulted in a significant report: share the report. EWG found fluoride above healthy levels in 8 national brands of dog food marketed for both puppies and adults...

To access this complete feed in the blog feed reader login or register for free.

Billy May and TBI: Another Closed Head Injury Death?

Posted on June 29, 2009
Doctors are looking at a traumatic brain injury (TBI) as the possible cause of the tragic death of TV actor Billy May as Mike Bryant of Minnesota has reported recently in: Doctors Will Be Looking At Potential Head Injury With Billy May's Death. Everyone should be on alert that a blow to the head can start a small bleeding process in the brain that is unknown to the person whose head was hit - and can lead to death...

GM agrees to take responsibility for future liability claims.

Posted on June 29, 2009
The AP (6/28, Fowler) reported General Motors "has agreed to take on responsibility for future product liability claims, removing what could have been a sizable roadblock" on the company's way to a "quick sale of its assets" and emergence from bankruptcy...

Illinois man Killed in Big Rig Accident On Kauai

Posted on June 28, 2009
Wesley VanValkenburg was a new father visiting Kauai to pay respects to his in-laws when he became the victim of a freak accident that led to a truck collision. On a warm Saturday morning a woman lost control of her motorcycle, veered into the path of a truck that struck the rental car carrying VanValkenburg and his family...

Treasury negotiating on GM's product liability.

Posted on June 26, 2009
The Wall Street Journal (6/26, B1, Spector, McCracken) reports on the front page of its Marketplace section, "The U.S. Treasury Department is negotiating with more than a dozen state attorneys general to roll back two key features of General Motors Corp...

The Public Deserves The Truth About Lawsuit Abuse and Medical Malpractice

Posted on June 24, 2009
Facts are Stubborn things Does saying something is a fact make it one? From the context of this essay supporting tort reform, Dr. Russell Turk appears to believe so. In his essay, Dr. Turk makes a number of claims. His support for these claims is a mixture of equal parts empirical evidence, anecdotal evidence, and contempt for anyone who is not a doctor...

Washington, D.C. Nightmare As Metro Trains Collide-- As Many As 7 Dead and Over 70 Injured

Posted on June 23, 2009
Probably the favorite rail system in the United States, the Washington D.C. Metrolink system is now the focus of one of the worst rail crash cases in history. The Wall Street Journal reports 9 dead and as many as 70 injured in Washington D.C. when two Metro trains collided at 5 P...

Warning of smoking's dangers, Obama signs tobacco bill into law.

Posted on June 23, 2009
Coverage of President Obama's signing Monday of a bill granting the FDA greater regulatory control over tobacco focuses largely on his personal struggle with smoking and speculation about whether or not he has quit the habit. Monday's signing received brief coverage on two network news broadcasts, including ABC World News (6/22, story 6, 0:20, Gibson), which reported, "Today, at the White House the President signed a sweeping anti-smoking bill into law, and talked of his own struggle to quit...

Railroad Accidents Capture The Public Attention After Tragic Washington D.C. Wreck

Posted on June 23, 2009
Trains fascinate all of us _ particularly little boys _ from an early age. The sounds of the train whistle in the distance is also part of the lore of the American country-side. But the romantic images of trains and train travel also conjure up images of train wrecks and when a train crashes it is always a disaster...

Wrong-way Drivers Cause Three Percent (3%) of U.S. Traffic Fatalities

Posted on June 22, 2009
According to the National Highway Traffic Safety Administration (NHTSA) wrong-way automobile accidents constitute about three perscent (3%) of automobile related deaths each year on U.S. roads. I am surprised by that number. It includes U-turns and perhaps that explains the number Results of Studies Because wrong-way accidents are tragic, they have been under intensive study by the California Department of Transportation for over 30 years...

State AGs challenging GM's liability plan.

Posted on June 22, 2009
The Wall Street Journal (6/22, A4, Spector) reports, "Eight state attorneys general are opposing a provision in General Motors Corp.'s bankruptcy plan that would free the auto maker from liability for vehicle defects. Attorneys general from Connecticut, Kentucky, Maryland, Minnesota, Missouri, Nebraska, North Dakota and Vermont filed an objection in U...

High Court ruling makes proving age discrimination more difficult for employees.

Posted on June 19, 2009
The AP (6/19) reports that in a 5-4 decision announced Thursday, the Supreme Court "has made it harder to prove discrimination on the basis of age, ruling against an employee in his mid-50s who says he was demoted because of his age." The decision, written by Justice Clarence Thomas, said "a worker has to prove that age was the key factor in an employment decision, even if there is some evidence that age played a role...

Obama makes case for healthcare reform in speech to doctors.

Posted on June 16, 2009
President Obama yesterday outlined his healthcare reform plans in a speech to the AMA in Chicago. The story was covered by all three network newscasts, though it took second billing to reports on unrest in Iran. While giving the President credit for opening a dialogue, stories last night and this morning tended to cast a skeptical eye on the President's plans for funding his reforms...

Please Mr. President, Don't Sacrifice the 7th Amendment To Get Health Care Reform - That Is The Old Way Of Washington Politics That You Told Us You Were Going To Change

Posted on June 14, 2009
You can help make a difference in the health care reform debate – and I ask you to help. Now is the time to weigh in! Your rights are at stake. As Congress and the President prepare to make a significant overhaul of our health care system, there are those who believe that in order to achieve universal coverage, victims of medical negligence must surrender their legal rights and remedies...

Health Alert: Recognizing When Someone Is Having A Stroke Can Save Their Or Your Life

Posted on June 14, 2009
STROKE IDENTIFICATION We saw Natasha Richardson die of a traumatic brain injury (TBI) shortly after hitting her head on a ski slope. A short delay in recognizing the seriousness of her injury because she was alert and conscious, allowed the injury in her head to become fatal...

Mandatory Binding Arbitration - Forced Arbitration - Is Bad For Consumers And Congress Should Act

Posted on June 12, 2009
This week on National Public Radio (NPR) 'All Things Considered' highlights new legislation banning pre-dispute mandatory binding arbitration clauses. A recent article posted on Injury Board is a good resource on the subject of forced arbitration and covers the NPR story: NPR Examines "An Arbitration Culture"...

Senate passes Family Smoking Prevention and Tobacco Control Act giving FDA regulatory control of tobacco industry.

Posted on June 12, 2009
I can hear Limbaugh, O'Reilly, Hannity and Chaney moaning and whining already about the American people getting control of the runaway train that their FDA has turned loose on the public for the past decade. Big Tobacco and Big Pharma and Big Insurance have been running this country in key ways that affect the public for a long time now...

Natural Product From The Hydrangea Plant Offers Hope to People With Cancer, Multiple Sclerosis,and Other Autoimmune Diseases

Posted on June 11, 2009
New Lead for Autoimmune Disease Posted by SR in News, tags: auto-immune, lead identification, natural product Do you like Hydrangeas? They are beautiful flowering plants and now medical research has discovered a natural product in the Hydrangea, halofuginone, that may help patients with autoimmune diseases like multiple sclerosis, diabetes and many cancers...

Visiting Hawaii - Water Safety Tips For Tourists To Avoid A Personal Injury And A Ruined Vacation

Posted on June 11, 2009
Yes. Its the water! No ocean water in the world is more beautiful and friendly than the beaches of Hawaii. The water is warm and the sand is soft. But do dangers lurk beneath the surface? Here are some tips to help you protect yourself and your family on your vacation: • CHOOSE ONLY LIFEGUARDED BEACHES • NEVER SWIM ALONE • DON'T DIVE INTO UNKNOWN WATER OR INTO SHALLOW BREAKING WAVES • PRIOR TO ENTERING THE WATER, ASK A LIFEGUARD ABOUT BEACH AND SURF CONDITIONS AND ANY PROBLEMS OR HAZARDS • IF YOU ARE UNABLE TO SWIM OUT OF A STRONG CURRENT, SIGNAL FOR HELP • RELY ON YOUR SWIMMING ABILITY RATHER THAN ANY FLOTATION DEVICE • LOOK FOR, READ, AND OBEY ALL BEACH SAFETY SIGNS AND SYMBOLS • IF IN DOUBT, JUST STAY OUT! IT IS FAR BETTER TO RECOGNIZE THAT A BEACH IS TOO DANGEROUS RATHER THAN ATTEMPT TO ENTER THE OCEAN AND RISK INJURY OR DEATH...

Austin, Texas Scaffold Collapse Results In Three Deaths At 21 Rio Condo Project Construction Site

Posted on June 11, 2009
Probably the worst fear at a construction site is the collapse of a scaffolding. Today I came across such a story out of Austin, Texas where a scaffolding collapsed at a project called 21 Rio Condo Project. Brooks Schuelke a well known attorney and safety advocate in Austin with the firm of Perlmutter & Schuelke reported on this incident that is getting national coverage, even all the way out here in Hawaii...

Senators Question FAA Administrator on regional carrier safety.

Posted on June 11, 2009
NBC Nightly News (6/10, story 2, 3:05, Williams) reported, "A lot of people, many of them veteran flyers, have suspected there are two sets of safety and training standards, one for the big commercial jetliners, another for commuters. Those regional airlines, they are under big scrutiny and today Congress got involved in this...

Honolulu Crosswalk Safety Chronicles - Tips From the Honolulu Police Department About Crosswalk Safety

Posted on June 10, 2009
Thanks to the Honolulu Police Department (HPD) for organizing the following Pedestrian and Driver Safety Tips. In light of the huge number of pedestrian injury and death incidents in Honolulu this year (see my recent article - Pedestrian Crosswalk Fatality In Kalihi Adds To Alarming Statistics by Wayne Parsons) Pedestrian Safety Tips Driver Safety Tips Always cross within marked crosswalks or at street corners...

Honolulu Crosswalk Injury Chronicles: Kalihi Man Seriously Injured Crossing North School Street

Posted on June 10, 2009
According to a report at Honoluluadvertiser.com, a man in his 40s was struck by a car as he crossed North School Street in a crosswalk on Tuesday evening. The pedestrian is in critical condition at The Queen's Medical Center. The driver of the car was allegedly a man in his 70s...

1st Smart CrosswalkT system installation in New Mexico.

Posted on June 10, 2009
I have written much about the epidemic of pedestrian crosswalk injury and death in Hawaii this year and have wondered why a system like the Smart Crosswalk™ system hasn't been implemented in Hawaii. The real costs of a crosswalk death or injury are huge...

Hispanic farmers seek class action in suit against USDA

Posted on June 10, 2009
The National Law Journal (6/9, Baldas) reported, "A group of Hispanic farmers claims the federal government is dragging its feet in a lawsuit against the U.S. Department of Agriculture (USDA) that claims they've been discriminated against for years, either being denied government loans or ignored altogether...

Massey ruling said to highlight problems with judicial elections.

Posted on June 10, 2009
The Wall Street Journal (6/10, A5, Koppel) reports, "The U.S. Supreme Court's decision this week calling for judges to stay out of cases involving big political donors confronts the growing role of money in the U.S. judicial system." The Journal adds, "Political donations to judicial candidates at the highest state courts have soared in recent years, creating concerns that money is eroding public confidence in the system...

Hawaii Motorcycle Chronicles: Another Death On Friday

Posted on June 09, 2009
I have written extensively on motorcycle death and injury on Oahu and the neighbor islands this year. Motorcycle Deaths Skyrocket On Oahu Automobile, Motorcycle and Pedestrian Deaths On Oahu Continue to Rise Motorcycle Death In Kona Continues Tragic Year of Injury and Death in Hawaii Keaau Motorcycle Crash sadly Results in Two Deaths As I wrote: The sad facts about motorcycle crashes in Hawaii: 7 motorcycle deaths on Oahu in 2008 2 motorcycle deaths on Oahu on a single day - January 1, 2009 6 motorcycle deaths on Oahu in the first 3 months of 2009 2 motorcycle deaths on Neighbor Islands in March 2009 Now the Honolulu Advertiser has published the most thorough and comprehensive analysis of the motorcycle death and injury crisis in Michael Tsai's well written article: Hawaii Motorcycle-related deaths continue to climb in Hawaii - Fatalities already at 21, compared with last year's record total of 32 Unfortunately, the Advertiser story is written in the shadow of yet another motorcycle death: Steve Donahue, a young man dead at the age of 43 on Friday night...

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.