The December 2007 crash happened as a Baltimore County husband, wife and family friend were returning to the couple's home around 3 a.m. A Baltimore City fire truck was responding to a report of an apartment building fire and had its lights and siren on as it sped through an intersection at 47 mph. The truck collided with the couple's SUV, which was going about 23 mph. All three of its occupants died.
]]> The accident is thought to be the worst fatal collision between a fire truck and a civilian vehicle in the city in 50 years. No criminal charges were filed against the driver, who failed to stop at the intersection even though emergency vehicles are required to stop at all red lights when responding to emergencies.The 49-year-old woman who was driving the SUV left behind two grown children. She and her husband, who was 35, had been married for seven years. The 24-year-old man riding with them was engaged to be married. All were originally from Ukraine.
The $40,000 settlement is a relatively small sum, but will help offset the funeral and burial costs their families paid more than four years ago. They also received some compensation in insurance, but needed to rely on donations from other family members and friends for financial support.
What makes this case all the more tragic is that it was one of three civil lawsuits that the city recently settled involving its vehicles. One of the other crashes happened when a woman waiting for a bus was run down by a city Health Department worker who had either passed out or fallen asleep at the wheel. No one expects to suffer serious injuries or be killed by a public safety vehicle, but when it happens, it's often up to the victims and their loved ones to pursue compensation and hold the municipality responsible.
Source: The Baltimore Sun, "City settles civil suits, one involving deaths in fire truck accident," Peter Hermann, May 8, 2012
]]>With so much activity going on, there's a tendency for young people to get impatient, live fast and feel invincible. Sometimes, unfortunately, this can lead to taking risks that result in accidents.
]]> A tragic example is the death of two teens in Hagerstown, Maryland, earlier this month. The couple, both 17 years old, had just left their high school prom in the boy's sports car and were headed back to the girl's home so she could change before they met up with friends. But the boy lost control of his car at a curve in the road and it crashed into a tree, killing both of them. Police haven't released many details on the crash, but speed seems to have played a significant role.Both students were standout athletes -- she was an All-State volleyball player and the No. 1 singles tennis player, and he was an All-State baseball player who had just signed on to play for Salisbury University. Both were also honor roll students. The fact that they had such promising futures makes their deaths all the more tragic to their families and friends, one of whom summed it up this way: "I think just like any other teen after prom, he was excited and accidents happen."
Accidents do happen, but they aren't inevitable. Distracted driving, careless driving and simply going too fast are fairly common among teen drivers, but if you're riding in a car with someone engaging in one of these habits, there's no reason not to speak up. With so much yet to live for and experience, it's better to get where you're going a little later than not get there at all.
Source: NBC Washington, "Teens Remembered After Prom Night Crash," Chris Gordon, May 8, 2012
]]>The Society of Automobile Engineers found alarming data in what the report's author says is the first study of its kind. Drivers are not using or improperly using turn signals, in some cases almost half the time.
]]> Drivers engaged in a traffic lane change are the worst offenders. Forty-eight percent of lane changers either skip flipping on a turn signal or forget to switch it off. About 25 percent do not use a signal when making a turn.The engineers added up the number of faulty drivers and estimated that there are 2 billion turn signal violations every day. The study also found that drivers who ignored the "extremely effective" indicators were responsible for more than twice as many crashes each year as distracted drivers.
The engineering report recommends an electronic solution to the problem. A so-called "Smart Turn Signal" would perform the duties a driver is supposed to do. The smarter-than-the-driver signal would shut off a turn signal that was left on too long.
A "Smart Turn Signal" would be more proactive and less expensive that the mechanical device that flips off a turn signal after a driver makes a hard turn. The electronically intelligent signal could time out and shut off after a successful lane change or switch off after sensing when a vehicle has moved into the proper position.
Another function of the "Smart Turn Signal" would detect whether a motor vehicle operator was repeatedly lax about using signals. A neglectful driver would receive a flash warning as a reminder that he was not using the signals sufficiently.
Absent this technology, drivers should be diligent about operating turn signals manually to avoid furthering the increase of a dangerous habit that can cause accidents that injure other motorists.
Source: Bottom Line on MSNBC, "Turn signal neglect a real danger, study shows," Paul A. Eisenstein, May 1, 2012
]]>The mood-stabilizing drug Depakote has been used for years to effectively treat seizure disorders, migraines and bi-polar disorder. But according to the U.S. Justice Department, the drug's manufacturer, Abbott Laboratories, employed a specialized sales force to market the drug in nursing homes, saying it could also be used to treat dementia in elderly patients. The problem is that Abbott had neither credible scientific evidence to support this use, nor approval from the FDA to market the drug for dementia.
]]> The drug was also said to be effective in treating autism and schizophrenia, even though clinical trials couldn't demonstrate that the drug was any more effective than antipsychotics in treating schizophrenia. In fact, many patients suffered from drowsiness, dehydration and anorexia as a result of taking the drug. Yet the misleading sales tactics were used from 1998 to at least 2006, according to a U.S. attorney, until whistleblowers brought the marketing practices to light. That led to a full investigation and the largest multi-state, consumer protection-based pharmaceutical settlement ever.The $100 million settlement was reached this week between Abbott and 44 states and Washington, D.C. The state of Maryland will receive $1.8 million and has reached an additional agreement with Abbott to settle allegations of Medicaid fraud as a result of the illegal marketing.
Although affected patients and their families won't directly receive part of this settlement, in many cases patients advised to take drugs that turn out to be dangerous can find recourse through a product liability lawsuit. A consultation with a personal injury attorney who focuses on product liability is a good first step to ensuring you're compensated for any harm caused by dangerous drugs.
Source: The Baltimore Sun, "Md. to get $1.8 million in Abbott settlement over drug marketing," Meredith Cohn, May 7, 2012
]]>The court's ruling stems from the case of a young boy who suffered life-threatening injuries when he was attacked by a pit bull in Towson, Maryland, in 2007. The boy's family filed a lawsuit against the dog owner's landlord, but the judge dismissed the case, saying there was no evidence of neglect. The Court of Special Appeals later overturned that ruling and last week, the Court of Appeals affirmed it.
]]> Last week's decision means victims of pit bull attacks or bites no longer have to prove the owner of the dog knew it was dangerous; they only have to prove the owner knew the dog was a pit bull or pit bull mix.Not surprisingly, the Humane Society and similar groups that provide shelter and care for animals are unhappy with the ruling and worry that it could deter people from adopting the breed. Many animal advocates have said the court has overstepped its authority.
While it's true that not all pit bulls will necessarily attack, there have been at least seven instances of serious attacks on Maryland residents over the past 13 years that have resulted in serious injuries or death. For victims of these and other pit bull attacks, the appeals court ruling means that they won't have to go through such a long and arduous court battle to ensure they're compensated for their medical bills after undergoing such a traumatic experience.
Source: MSNBC, "Maryland court finds pit bulls are 'inherently dangerous'," Chris Gordon, May 2, 2012
]]>The man was one of four people accused of stealing a car. An officer driving behind the vehicle March 23 noticed it was listed as stolen and proceeded to chase it. The high-speed chase ended near the border separating Washington, D.C., and Montgomery County. The car had slowed to 50 mph and skidded to a stop along a curb, the lawsuit says, when a police squad car rammed the car so it couldn't cross the borderline. The impact allegedly caused the stolen car to crash into a tree and burst into flames, killing the two teenage passengers. The 16-year-old driver died from his injuries five days later.
]]> The plaintiff in the lawsuit says he suffered fractured ribs and emotional damage from hearing two of his friends scream as they burned to death. The lawsuit says the stolen car had stopped and the occupants were planning to get out, and that the vehicle would not have collided with the tree if police hadn't rammed into it. The lawsuit also says the police chase was improper because such chases should be limited to serious crimes. Montgomery police maintain that there is no evidence a cruiser rammed the car, and that the chase was proper.Regardless of your thoughts on whether the plaintiff is guilty of the crime of which he's accused, it's important to keep in mind that it's the details of a car accident that matter when determining fault in a lawsuit. Police and other authority figures are just as capable as other drivers of making a mistake or exhibiting negligence, and their position shouldn't prevent anyone hurt by the actions of another from seeking compensation for their injuries or a loved one's death.
Source: The Washington Post, "Police chase survivor sues police, says that an officer rammed car," Dan Morse, April 27, 2012
]]>Last year the County Council passed legislation that strips officers of their disability pay if they've been convicted of "certain offenses." Although a county executive narrowed those offenses to felonies, the arbitrator rejected that stipulation as well, agreeing with Fraternal Order of Police union officials who called the proposal "draconian."
]]> Consider for example, the FOP said, a scenario in which an officer in his 20s committed a minor offense that resulted in 60 days' probation. As a result of the legislation, which was set to take effect in July, he would lose a lifetime of workers' compensation benefits.The arbitrator also agreed to the police union's proposal of a two-tiered disability pension system. In the same legislation that would have stripped compensation for offending officers, the County Council created a plan applying to injured employees who could still work. It would allow a tax-free "partial disability" retirement benefit of 52.5 percent of the employee's earnings. Employees whose injuries prevented them from working altogether would receive 70 percent. The union proposed a partial disability benefit of 60 percent, a full disability of 66.7 percent, as well as a "catastrophic" disability payout of 90 percent. All of the benefits would be tax-free.
Both of these decisions offer better workers' compensation for police officers who are injured in what is arguably a high-risk job. It would be unreasonable to expect any worker, in public safety or otherwise, to work under conditions where the risk of injury was high and the compensation for those injuries was low. Knowing that they'll be covered if an injury happens on the job means officers won't be afraid to take necessary actions to protect the community.
Source: The Washington Examiner, "Montgomery County cops can keep disability pay, arbitrator rules," Rachel Baye, April 16, 2012
]]>Adding to the problem is the high rate of sleep apnea among truck drivers. People with this condition experience brief interruptions in breathing, and in some cases very shallow breathing, while they sleep. These interruptions last 10 to 20 seconds before the person is jolted out of a natural sleep rhythm; they can occur up to hundreds of times in a single night. As a result, sleep apnea sufferers spend more time in light sleep and less time in the deep sleep required to feel refreshed, mentally sharp and productive during the day.
]]> Feeling sleepy all day isn't just a minor annoyance. In addition to causing health problems such as diabetes, high blood pressure and heart disease, sleep deprivation can be extremely dangerous, leading to slow reflexes and poor concentration -- two major hazards for truck drivers. In fact, sleep apnea raises a driver's risk of crashing by 242 percent, according to a professor of sleep medicine at Harvard Medical School.Effective treatment for sleep apnea is available, but sufferers first have to realize they have the condition and actively seek that treatment. To ensure this, the federal Motor Carrier Safety Administration has proposed new standards for sleep apnea evaluation. Acting on the recommendations of two advisory panels, one medical and another made up of industry professionals, the agency plans to tell medical examiners to screen truck drivers for the condition if they're at risk of it.
Extensive research tells us that people with a body mass index of 35 or higher at greater risk of having sleep apnea. Other high-risk factors include middle age and male gender, but BMI, which is a body fat measurement based on height and weight, is a primary indicator.
At this point, the FMCSA's recommendations for systematic sleep apnea screening are just that. But in the future, the agency and the panels guiding it would like to see a comprehensive rule for trucking companies. By screening truck drivers with the highest risk of having a condition that causes sleep deprivation, the rate of truck accidents, which often result in serious injuries or death, could be significantly reduced.
Source: Truckinginfo.com, "FMCSA Proposes Guidance for Sleep Apnea," Oliver B. Patton, April 20, 2012
]]>The new technique involves the use of a simple bar code reader. Packages of sponges to be used in surgeries or childbirth are routinely scanned. But the beauty of the new technique involves scanning every sponge in the package, each of which has its own unique bar code. Medical personnel double check this by manually counting the number of sponges.
]]> In this manner, doctors, nurses and other operating room personnel have the information they need to make sure that every sponge is accounted for. In operating rooms where the method has been tried out, it has already greatly reduced the number of incidents in which a sponge was left inside a patient, enhancing patient safety.Any concern that the new procedure would be too time-consuming seems to have been alleviated, and the benefits in saving patients from injuries or death are clearly worth the few extra moments involved. Trials of the system in one area since 2009 resulted in not a single incident of a sponge being left inside a patient following the scanning of more than 1 million surgical sponges. The technology produces easily traceable information and helps to reduce possible human error in the hurried and stressful atmosphere of the operating room.
Source: Mankato Free Press, "Bar coding sponges safeguards against surgery mishaps," Robb Murray, March 16, 2012
]]>That's why medical helicopters have been used to transport patients since just after the Vietnam War. Whether you've been injured in a car accident or seriously hurt in a place that's hard for a motor vehicle to access, the speed and accessibility of a helicopter can mean the difference between life and death. According to a new study by researchers at Johns Hopkins Medical Center in Maryland, helicopter transportation of trauma patients is linked to a 1.5 percent increase in survival rates. That may not seem like much, but put another way, a life will be saved for every 65 patients transported by helicopter.
]]> One downside of medical helicopters is their potential danger. They have a higher ratio of accidents to the number of flight hours than other types of aviation. They're often required to launch and land in inclement weather and crashes have killed everyone on board, including the patient. And in highly congested areas, it can be hard for a helicopter to find a place to land. If medics have to travel on foot a long distance from the landing pad to the patient, the time savings may not be worth itThey can also be very expensive. In Maryland, which has an ideal trauma system design, one flight costs $5,000. In other states the cost is much higher. But in places such as rural areas where trauma centers are few and far between, that cost may be well worth it. A helicopter can travel distances in small fractions of the time it takes an ambulance.
Another advantage of helicopters is the personnel on board. Unlike in ambulances, trauma nurses and even physicians tend to travel in them, which means patients can receive immediate care that could save their lives. For those who are living today because of those few saved minutes, medical helicopters are well worth the cost and risk.
Source: ABC News, "Medical helicopters: Worth the Cost, Risk?" Jessica Noonan, April 17, 2012
]]>The 17-year-old girl underwent surgery to have her wisdom teeth pulled, a procedure her parents weren't worried about when they dropped her off at the clinic in March 2011. But they received an emergency call 15 minutes later, and soon they were at a hospital, taking in the details of the condition that caused their daughter to die 10 days later.
]]> The surgeons explained that the girl, who was otherwise healthy, had suffered from hypoxia, or a deprivation of oxygen so severe that her brain was left severely damaged. It happened as her heart rate slowed to a dangerous degree while under anesthesia. The autopsy ruled her death an accident.Such deaths are rare during oral surgery, though not entirely unheard of. Despite its usage in millions of operations every year, anesthesia carries risks that patients often don't consider. People scheduled for surgery or their family members should never hesitate to ask questions about the anesthesia and the overall procedure. For instance, find out if someone other than the surgeon will be monitoring the patient's heart rate, blood pressure and breathing. You may also want to ask about the monitoring equipment and what the plan is in the event something goes wrong.
Although the girl's oral surgeon said he was "deeply saddened" by her death and that everyone involved in her case worked hard to offer the best possible medical care, her parents weren't satisfied. They've filed a lawsuit against both the surgeon and the anesthesiologist. Her mother said she hopes the lawsuit and her daughter's story sends a message about the risks of anesthesia and the importance of diligent monitoring during surgery, whether it's considered routine or not.
Source: Today, "Teen dies after 'routine' wisdom tooth surgery," Linda Carroll, April 6, 2012
]]>Some states have harsher laws than others when it comes to distracted driving. California has some of the most stringent laws; it's illegal to text or even talk on a handheld cellphone. Considering the 22 percent drop in road fatalities since the law went into effect two years ago, the California Highway Patrol and other officials believe the cellphone ban is working.
]]> West Virginia is enacting a similar law that will take effect this summer. Starting in July, texting behind the wheel will be a primary offense, meaning police can pull over drivers seen texting for that reason alone. Talking on a handheld cellphone will be a secondary offense and become a primary offense one year later.In Maryland, all drivers are prohibited from sending or reading texts. Talking on a cellphone is a secondary offense, meaning police must have another reason to pull over a driver before issuing a cellphone citation. But there are at least five distracted-driving bills waiting in the state Legislature, three of which aim to make talking on a handheld cellphone a primary offense. And drivers under 18 with learner's permits or intermediate licenses aren't allowed to use a cellphone at all, except to dial 911 or another emergency service.
There appears to be a growing consensus among law enforcement officials and lawmakers that distracted driving leads to severe, often fatal accidents. Victims of these accidents and their families already understand that no text message or phone conversation behind the wheel is worth a serious or life-threatening crash.
Source: U.S. Department of Transportation, "April is Distracted Driving Awareness Month," April 3, 2012
]]>Even more troubling, those who study the statistics say, is the fact that aggressive driving and speeding were responsible for approximately a third of the fatalities, or 10,530 deaths in 2010. And yet more measures to aggressively curb speeding may be unheeded. Only two of the 50 states enacted any enhanced penalties for speeding in the last seven years, and one of those states limited the increased fines to drivers of commercial vehicles.
]]> Progress has been made on other fronts, however, such as a 23 percent decrease in the number of those killed in car accidents since 2000 while not wearing safety belts. Additionally, in the same time period, there has been a 3 percent reduction in the number of car accidents in which use of alcohol was found to have played a role.The thousands of people who continue to die each year in such accidents, however, are more than just statistics. They are somebody's parent, spouse, child, sibling, grandparent, neighbor or friend. If drivers and traffic safety officials would only try to remember that and perhaps take speeding and aggressive driving more seriously, traffic accident deaths could be still further reduced. Then fewer people would face the trauma of burying a loved one whose life was suddenly cut short by an untimely auto accident.
Source: The Car Connection, "Speeding, Aggressive Driving Still Cause 1/3 Of Fatal Accidents," Richard Read, March 9, 2012
]]>Some Maryland drivers may believe that there are varying degrees of seriousness when it comes to traffic infractions. For example, failing to signal when changing lanes is often viewed as less serious than running a red light, but running a red light might be considered less of a problem than driving drunk. Are these mere perceptions by motorists, or is there a real hierarchy when it comes to moving violations?
The answer may lie in the consequences of these violations. Take for example the car accident that happened last weekend in Fallston, Maryland. According to Maryland State Police, a woman driving an SUV was traveling south on Route 152 when she ran a red light at an intersection. Her vehicle collided with the front driver's side of a Chevy Trailblazer that had the right of way. The crash caused the Trailblazer to spin around and collide with a pickup truck.
]]> At some point during the collision the 17-year-old driver of the Trailblazer was ejected in the crash. She was flown to a hospital and listed in serious condition. The driver of the SUV that caused the accident was also rushed to a hospital. The driver of the pickup truck wasn't injured, but his vehicle sustained some damage.Many drivers fail to stop at a red light, whether it happens due to a distraction or because they speed up before reaching the intersection when the light is yellow, and they don't make it through before it changes to red. Running a red light may seem insignificant to drivers in a hurry, but when cars collide as a result, serious injuries or even fatalities often follow. It's then up to the driver who ran the red light to pay for the consequences.
Source: The Baltimore Sun, "Two injured in Fallston crash Sunday evening," April 3, 2012
]]>Attorneys with the Public Justice Center said the company required its employees to pay for their own medical exams, training and protective equipment, including gloves, goggles and respirators. Costs were deducted from the paychecks of workers who didn't pay up front. Although not a technical workers' compensation claim, the complaint requests that the Occupational Safety and Health Administration investigate the company and reimburse workers who had to pay hundreds of dollars to ensure their own safety.
]]> Maryland's General Assembly is also addressing the asbestos issue. Bills that would add protections for asbestos workers are pending in the House and Senate and supported by the Public Justice Center. The bills would also raise penalties for companies that violate environmental laws.More than a dozen current and past employees have signed onto the complaint, which was filed on behalf of all the companies' workers. Considering the high turnover rate at the company, which works with contractors in four states, the result of the complaint could affect thousands of people. One worker who signed onto the complaint says he worked for the company for six years until he was fired after complaining to OSHA about the working conditions.
Among the specifics of the complaint are claims that workers at some sites were forced to wash and reuse respirator filters. At other sites, there were no established decontamination areas with shower facilities. In some cases, the complaint says, government inspectors were misled by being shown shower facilities that weren't hooked up to a water source.
Asbestos is a highly dangerous substance that has been linked to causing cancer and other diseases. The General Assembly bills aim to protect workers from asbestos by increasing the maximum penalty for violating environmental regulations and establishing an Asbestos Worker Protection Fund to ensure the laws are enforced. One legislator who supports the bills said some companies are exploiting workers who are afraid to speak up for fear of losing their jobs.
These workers shouldn't have to remain silent and risk their health in exchange for their livelihood. Those looking for information on filing a claim might consider consulting an attorney who focuses on workers' compensation to make sure their rights are protected.
Source: The Baltimore Sun, "Health complaint filed against asbestos removal company," Yvonne Wenger, March 16, 2012
]]>