June 30, 2015

Eight Cases of E. Coli at South Carolina Daycare Center Confirmed


There is no question that when we drop our children off at daycare each morning, we are putting a lot of trust in the daycare operator to do everything possible to prevent any injuries. Injuries at daycare facilities can happen in a variety of ways. Some cases involve a child not being properly supervised while eating or drinking, and the child chokes on the food. Other cases involving inattentive daycare staff allowing children to bite or otherwise assault each other. There are also many cases involving foodborne illness.

escherichia-coli-1018465-m.jpgAccording to a recent report from WBTW News 13, officials with the South Carolina Department of Health and Environmental Controls (DHEC) has just confirmed an eighth case of E. coli, which has been traced to a now-closed daycare in Greenwood. While there are more cases possible, there has been one confirmed death of a child as result of an E. coli infection from the suspect daycare facility.

One of the owners of the daycare facility made a public statement, saying they volunteered to close the business as soon as the source of the outbreak was confirmed, and they have been working hard to clean and sterilize the building. DHEC officials say they have not identified how the E. coli strain became introduced to this particular daycare, but they are aware that four of the eight cases involved the same exact strain of E. coli bacteria. Some of the E. coli victims worked at the daycare facility, and the remaining victims were children enrolled at the center.

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June 27, 2015

Amusement Park Safety in the Carolinas


This summer, families across the country will look forward to spending their days at local amusement parks. These places can be a lot of fun and there is often a lot more to do that just go on thrill rides. There are variety of family-friendly shows, water attractions and even nightclubs for the parents.

jubilee-coaster-764424-m.jpgMany will travel to big amusement parks outside of North and South Carolina, like Disney and Busch Gardens, but many will go to large parks in the Carolinas, like Carowinds in the Charlotte area.

While roller coasters aren't the only source of entertainment, they are still a reason many people come to these theme parks each year. Amusement park operators are aware of this and are constantly competing with each other to attract more tourists by boasting the newest, biggest, and scariest roller coasters. However, according to a recent news article from Market Watch, some of these news rides can pose a serious safety risk to riders.

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June 25, 2015

Tainted Ice Cream Isn't the Only Source of Listeria


Over the past two months, the news media has focused quite a bit on food safety and food product recalls in relation to the recent problems Blue Bell Creamery faced when most of their ice cream product line contained a significant risk of listeria contamination. In that case, it was originally believed to be a single ice cream scooping machine used only for novelty products that was responsible for the contamination. However, later safety testing revealed widespread listeria contamination in multiple production centers, and the recall was expanded from only novelty products to virtually all ice cream.

ice-cream-dipper-584463-m.jpgBut ice cream is not the only product that can pose a serious risk for listeria, and, according to a recent news feature from Consumer Reports, there are steps many in the foodservice industry can do to prevent food poisoning. It should be noted, ice cream products pose an added safety risk because of the longer periods of times a container of ice cream can sit in a consumer's freezer. This makes recalls much more difficult to organize.

Listeria monocytogenes (listeria) is a strain of bacteria naturally found in water, soil and decaying vegetation. It is found in many animals, and these animals essentially serve as carriers for the bacteria and often have no symptoms of any listeria-related illness. When those animals are killed for their meat or processed for the production of dairy products, anyone eating the meat or dairy can become infected with the disease.

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June 23, 2015

Xarelto Lawsuit Alleges Failure to Disclose Bleeding Risks


Lawsuits against a blood-thinning drug manufacturer are piling up fast. One of the latest to join a multi-district litigation in the Eastern District of Louisiana involving so far 250 complaints pertaining to the drug Xarelto is one that alleges a host of negligence claims in her 90-count complaint. stethascope3.jpg

Among the defendants are Johnson & Johnson Pharmaceutical Research, Janssen Ortho LLC, Bayer Healthcare Pharmaceuticals and others.

The complaint alleges defendants manufactured Xarelto and marketed it as a safe and effective treatment in diminishing the risk of stroke and systemic embolism. However, plaintiff asserts the manufacturers became aware during drug trials that the drug increased the risk of dangerous internal bleeding. Defendants touted the benefits of the drug as outlined in a series of other studies, while failing to similarly highlight the dangers discovered in other studies - specifically the risk of gastrointestinal bleeding and and bleeding so severe it required blood transfusions.

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June 20, 2015

CPSC: "Anchor It!" to Prevent Child Injuries Due to Furniture Tip-Over


Almost every American household has a television. Many have more than one. While parents are often concerned about their young children watching too much of it, these sets cause a greater hazard: Tip-Overs. television.jpg

The U.S. Consumer Product Safety Commission reports that just between 2011 and 2013, there were 11,000 children under the age of 18 treated in hospitals for injuries involving televisions or televisions and furniture. In fact, between 2000 and 2013, 430 people - mostly children under 10 - were killed as a result of a falling television and furniture.

When all types of furniture are factored in, there are 38,000 people treated annually in tip-over accidents. Again, most of these are children. To them, the home is a playground. They explore. They climb. But the result can be a serious injury or even fatality.

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June 17, 2015

Rickerson v. Karl - South Carolina Medical Malpractice Lawsuit Technicalities


Before a doctor can prescribe medication, he or she must understand well the patient's condition, as well as know any other medicine the patient may be taking in order to avoid potentially perilous complications or drug interactions. A doctor must also ensure patient is advised of possible risks so he or she is able to make an informed decision.
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When a doctor does not abide by this duty to inform the patient of a possible risk, side effect or dangerous drug interaction, it is the doctor who is liable for any injuries or illnesses that result. A doctor may also be liable for prescribing the wrong medication, the wrong dosage or medications that should not be mixed with the patient's existing prescriptions.

In the recent South Carolina Court of Appeals case of Rickerson v.Karl, patient alleged he was severely sickened after a doctor prescribed medication to him that negatively interacted with medication he was already taking and which had been prescribed to him by other physicians.

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June 15, 2015

Ten Injured When AC Unit Falls From Crane in NYC


According to a recent news article from WTSP, an air conditioning unit was being lifted on a crane in New York City when it fell to the ground and injured 10 people. Witnesses say the air conditioning unit was an extremely large commercial size unit that was being lifted by crane to the top of a skyscraper on Madison Avenue.

harbour-crane-1428745-m.jpgThe air conditioning unit was 28 stories above street level when it fell and landed in the middle of crowded Madison Avenue just before 11 a.m. The falling air conditioning unit injured 10 people. Authorities say eight of the ten victims were passengers of passing cars and pedestrians walking on the street below, and the remaining two victims were construction workers involved in the installation of the air conditioner. New York City Mayor Bill de Blasio issued a statement following the incident and said nobody was directly struck by the air conditioner itself, as all of the injuries were caused by debris from the unit after it crashed onto the street. He said all injuries were minor, and all victims were taken to local hospitals, where they received treatment.

Police and building inspectors are conducting an investigation into how the air conditioner managed to fall 28 stories to the street below. They believe the crane itself was and still is in good working order and said that is all they could say at this time. From those comments, people are obviously assuming operator error in securing the payload or moving the crane boom may have played a role in this rather unusual accident, but, it should be noted, there has been no finding of liability on anyone's part as of the time this article was released.

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June 12, 2015

Dre Beats Speaker Recalled Due to Burn Hazard


In recent years, wearing large studio style headphones has become extremely popular. One of the main brands people associate with the popular trend is Dre Beats, which were first marketed by hip-hop recording artist and music producer Dr. Dre. Various recording artists, athletes, and Hollywood celebrities are using these headphones, and, as a result, these fairly expensive (around $200 to $400 a pair) headphones have been flying off the shelves of electronic stores, and Apple recently acquired the brand.

stereovision-491558-m.jpgAccording to a recent article from Sound Guys, Apple has announced it will be voluntarily recalling its Dre Beats Pill XL due to problems with "overheating." Overheating is a relative term, since there have been allegations that the units heated up to the point where people were burned, and the products actually caught on fire.

First, it should be noted, the Beats Pill XL is a pill-shaped speaker, and not a pair of headphones like the other Dre Beats products, which people actually wear on their person. While the reports have ranged from minor overheating to physical burns, Apple has stated it does not want to take any chance with regard to customer safety and has voluntarily recalled the entire run of production for this item.

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June 10, 2015

Woman Suffers Life-Threatening Injury at Baseball Game


Going to a baseball game can be a lot of fun for the whole family, especially at one of America's great old ballparks like Fenway Park in Boston, which is home of the Red Sox. However, if you sit close to the field, there is always some risk of being injured. As the warning before every major league game states, you should be careful to look out for objects flying into the stands, which can result in serious injury.

fenway-242077-m.jpgAccording to recent article in USA Today, a woman was sitting behind home plate at Fenway Park with her 8-year-old son watching the Oakland As play the Boston Red Sox, when she was seriously injured by part of a broken bat, which came flying into the crowd.

Victim was seated watching the game while Oakland's third baseman, Brett Lawrie, was up to bat. He swung at the pitch, his bat shattered upon making contact with the ball, and part of the bat flew into the stands. The blunt end of the broken bat barrel hit victim on her forehead. She suffered what first responders, who were already on hand at the park, stated was life-threatening blunt force injury. She was bleeding profusely from her head, while EMT's worked to control the bleeding. Once she was stable enough for transport, she was taken by ambulance to nearby Beth Israel Deaconess hospital to undergo emergency surgery.

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June 7, 2015

Holdaway v. Broumlin's Supermarket - Automatic Door Failure Injury


On the surface of some personal injury cases, it may seem the facts are so overwhelming that winning should be simple, straightforward. But the reality is almost every case has its complications. There are specific proof burdens that must be met. Proper evidence has to entered in order for certain assertions to be accepted. Notifications have to be properly filed and in some instances, expert witness testimony may be necessary. All of this is even before trial. automaticdoor.jpg

This is why it is so important to hire an experienced personal injury attorney in every single case.

In the case of Holdaway v. Broulim's Supermarket, a plaintiff with a seemingly legitimate case against a local supermarket did not seek legal counsel. Instead, he filed the action pro se, meaning on his own. Unsurprisingly, he was not successful. Although the case was appealed all the way to the Idaho Supreme Court, the justices affirmed findings by the lower court that plaintiff failed to present sufficient and appropriate evidence to support the assertion that the automatic door that closed on his leg caused his injuries.

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June 4, 2015

Genie Industries, Inc. v. Matak - Construction Death Lawsuit Weighed


When a person is injured or killed at work, typically workers' compensation or workers' compensation death benefits is the first - and sometimes only - avenue of compensation available. hardhat.jpg

In most cases, workers' compensation bars any other form of payment from one's employer, even if the company was in some way negligent for the accident.

However, there are sometimes cases in which third parties may be held liable too. This could be the property owner, other contractors and sometimes product manufacturers or distributors. This was the case in Genie Industries, Inc. v. Matak, where a worker was killed after falling from an aerial lift.

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June 1, 2015

Coba v. Tricam Indus., Inc. - Ladder Fall Liability Verdict Upheld


After a jury issued a conflicting verdict in the product liability case of Coba v. Tricam Indus., the defense made a crucial error: They did not object to it right away.
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It was only after that the defense pressed the trial court for a reconsideration, pointing out the discrepancy. Specifically, defense noted the jury found the product in question - a ladder - was not defectively designed, but still decided the defendant manufacturer was strictly liable for the injuries of decedent who fell from it.

Trial court denied consideration, but a Florida appellate court reversed, citing the "fundamental nature" exception to the widely accepted rule that defense must challenge inconsistent verdicts with a timely objection. However, the Florida Supreme Court reversed, siding with trial court on this issue and finding the $1.5 million verdict (reduced by 80 percent per a finding of comparative negligence) should be upheld.

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May 29, 2015

Famous Philadelphia Chef Suffered Serious Spinal Cord Injury in Amtrak Crash


In the days immediate following the fatal Amtrak derailment accident in Philadelphia, we were seeing around-the-clock coverage of the incident. Each day, we learned new details about the speed of the train and some of the conditions surrounding the deadly derailment.

ready-chef-1382058-m.jpgAt one point, there was speculation bullets hit the train and two others in the immediate area, and, after the FBI said this did not occur, the focus turned to operator fatigue as a possible cause. We also heard about the number of victims killed in the fatal train accident and the large number of passengers who were injured in the crash.

While the news media has somewhat moved on to other stories, as eventually happens with any major story, we are still learning new information about the train crash. We are also hearing the personal stories of those injured in the derailment.

According to a recent report from NBC Philadelphia, a famous chef and owner of a local restaurant was one of the victims on board the train that day, and as a result of the train accident, he suffered severe injuries to his spinal cord.

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May 27, 2015

North Carolina Boat Crash - One Dead, One Injured


Every year, as the weather gets warmer, thousands head to the North Carolina coast and the Outer Banks on weekends to spend time on the water. Boating is a very popular activity. While spending the day on a boat or personal watercraft can be a very enjoyable activity, unfortunately there are many boating accidents in our area each year that result in serious personal injury or death.

866863_seattle_boating.jpgAccording to a recent report form WAVY, a boat crash on the Roanoke Sound left one victim dead and another seriously injured. Authorities have stated there were two boats involved in this fatal accident. One of the boats had thee occupants and the second boat had two occupants. It is still early in the investigation, and authorities do not yet know exactly what happened. What they do know is the victim who was killed in this North Carolina boating accident was 25 years-old and one of the boats was substantially more heavily damaged than the other.

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May 24, 2015

South Carolina Rep. Clyburn Injured in Car Accident


According to a recent report form News 12, South Carolina State Representative Bill Clyburn was involved in an auto accident. Authorities say Clyburn had attended the funeral of a former South Carolina representative in the Williamsburg area.

748825_crash_car.jpgClyburn and his wife were in their vehicle when they were allegedly rear-ended by another driver. First responders arrived at the accident scene shortly following the crash and provided immediate medical attention to Clyburn. EMTs then transported Clyburn to a local hospital. A member of Clyburn's staff said he was taken to the hospital solely out of an abundance of caution, as any injuries as a result of the car accident are not believed to be life-threatening or serious in nature. Authorities are continuing to investigate the cause of what is being descried as a minor car accident, and it should be noted there have been no reports of anyone being cited with a moving violation in connection with this rear-end collision.

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