Oklahoma Injury Lawyer Blog

Kevlar inside football helmets!

Thu, 22 Dec 2011 15:01:03 -0600

Did you know some NFL players are getting Kevlar retrofitted into their helmets? I sure didn't (mind you, this is a press release on Yahoo's Finance site, via the manufacturer):

UNEQUAL Technologies®, the premier provider of head and body armor for soldiers and athletes, congratulates the Pittsburgh Steelers on their 35 to 7 victory against the Cincinnati Bengals. Several Pittsburgh Steelers players' helmets were fitted with Unequal's patented Concussion Reduction Technology (CRT™) -- a patented composite for head trauma made with military grade technology and fused with DuPont™ Kevlar® that is five times stronger than steel and considered the world's best shock suppression material.
CRT™ saw action in the Steelers' helmets when James Harrison, their star All-Pro linebacker, was injured in a collision with a Houston Texans player and suffered an orbital fracture in his right eye socket. There was no timetable for his return. Unequal was contacted to put CRT™ in Harrison's helmet. Subsequently, Harrison was cleared to play ahead of schedule and returned to the lineup against the Baltimore Ravens, where he decimated Ravens' QB, Joe Flacco, with four incredible sacks.

After the victory over the Ravens, Mr. Harrison called Rob Vito, Unequal's CEO, to thank him for putting Unequal CRT™ in his helmet, proclaiming it was the first time he did not experience post-game head pain or ringing in his ears. Harrison said CRT™ was incredible protection and gave him the confidence to stay aggressive on the field.

A few thoughts:
1) That was Harrison's first time that he did not experience post-game head pain or ringing in his ears??
2) If this actually reduces the chance of a concussion (and other head trauma), why aren't high school and college players using it?

Car Crashes and Chronic Pain

Thu, 08 Dec 2011 17:36:40 -0600

Today's blog post is a guest post from the law firm of Console & Hollawell P.C.:

A car accident can happen in an instant, but the pain that results can last for months, even years. According to a study done by the University of Aberdeen School of Medicine and Dentistry in Scotland, people who suffer injuries in automobile accidents are more likely to develop chronic pain--long-term pain that is more resistant to medical treatment--than individuals who have been injured in other traumatic events.

The study observed 2,069 people who provided information about musculoskeletal pain three times over the course of four years. In addition to providing information on their pain, the study participants were also asked if they were victims of any of six physically traumatic events: automobile accident, workplace injury, surgery, broken bones, childbirth, or hospitalization.

Once researchers had all information, and after making adjustments for certain factors, they determined that the participants who reported being in a car crash had an 84% increased risk of developing chronic pain.

Injuries sustained in car accidents are unlike other injuries. In a car accident, the body is exposed to forces that it is simply not built to withstand. It's not surprising that automobile accidents result in chronic widespread pain.

While chronic pain can be difficult to treat, it can be managed through a variety of traditional treatments, such as pain medicine and physical therapy, as well as alternative treatments, such as massage, acupuncture, guided meditation, and energy healing.

The best treatment or chronic pain is the treatment that minimizes symptoms. If you or someone you love has recently been in an automobile accident, schedule a free consultation with a New Jersey injury attorney to find out how you can increase the chances of getting the therapy and treatment you need for your chronic pain.

College and Injury Law

Mon, 07 Nov 2011 17:19:48 -0600

Today's blog post is a guest post by Cyndi Laurenti. While she figures out her next career move, Cyndi works as an online writer and editor. Her primary interests are education, technology, and how to combine them. She enjoys the trees and beaches of the pacific northwest, and looking things up on other people's iPhones.

Personal injury lawyers assist clients who've been injured due to negligence on someone else's part. For example, victims of car accidents often sue the other driver over injuries. College students from undergrads to PhD candidates are as likely as anyone else to face situations where they have the right to personal injury compensation from their schools or from people around the school. However, they may have a more difficult time with personal injury lawsuits because of stereotypes about risky behavior among college students.

Science Labs 
Schools may be liable if students are injured in a science laboratory accident in class. Many of these cases are settled out of court, but if a student were to go to trial over it, the student would have to prove the school was negligent.
If an instructor failed to warn students about inherent dangers of the experiment or didn't go over general lab safety before the first lab, the school may be liable for any injury to students taking that instructor's class. Similarly, if the instructor wasn't paying attention to what the students were doing or assigned a laboratory experiment that was needlessly dangerous, the school may be liable.

Public vs. Private Institutions 
Public institutions are often immune from personal injury lawsuits, although many state laws make exceptions if a student can prove a particular instructor was negligent. Private schools don't usually have the privilege of automatic exemption. These schools may be liable for student injuries even if a particular instructor wasn't negligent.

For example, a public school may be exempt from lawsuits related to students doing experiments if the instructor wasn't negligent, while private schools may be liable simply because the experiment was inherently dangerous.

Tort Reform Made Healthcare Worse in Texas

Mon, 17 Oct 2011 10:45:42 -0600

Bob Kraft has a good blog post summarizing new research that shows Tort Reform Made Healthcare Worse in Texas. Oklahoma is going through similar insurance company-backed changes to our state's tort law. The only thing "tort reform" helps is insurance company profits. The "Failed Experiment" report by Public Citizen shows:

The amount of doctors in Texas did not increased significantly (you'll notice the commercials in Oklahoma claim the failed logic that doctors are leaving because we need tort reform)
The report concludes "that using Texas as a model would benefit doctors and insurers - not residents"
Healthcare costs and insurance premiums have increased more than the national average

The High Cost of U.S. Prescriptions

Wed, 12 Oct 2011 13:48:43 -0600

Did you hear about Google having to settle for half a billion dollars with the Department of Justice? Google allowed ads on their site for Canadian pharmacies. It's big business because consumers can buy their prescriptions for so much cheaper there. Medical Billing and Coding has a nice graphic detailing our high cost of drugs (note that there is nothing mentioned about our "lawsuit crisis" that insurance companies and their politicians keep touting):
Created by: Medical Billing and Coding

Make Sure Your Child Seat is Properly Installed

Wed, 28 Sep 2011 11:06:20 -0600

It's clear that a booster seat the safest way possible for a child to ride in a car, but many people don't actually have it properly installed. The Washington Post has a nice article on recent booster seat of evaluations and cites a recent insurance study that shows half of child booster seats need checking.

Safekids.org provides an excellent directory of car seat inspection sites throughout all 50 states. Here are our state's upcoming events:

10/01/2011
10:30AM-02:00PM Okeene Campus Corner Restaurant
318 N Main
Okeene, Oklahoma 73763

10/01/2011
09:00AM-12:00PM Church of the Savior
5600 NW 63rd St
Oklahoma City, Oklahoma 73132

10/01/2011
01:00PM-03:00PM St. John Center for Women's Health Classroom - Siegfried Tower 6th Floor
1923 S Utica Ave
Tulsa, Oklahoma 74104

10/08/2011
09:00AM-12:00PM StorkLand & Kids
6917 N May
Oklahoma City, Oklahoma 73116

10/08/2011
11:00AM-02:00AM Fire Department
107 N 3rd
Minco, Oklahoma 73059

10/15/2011
10:00AM-02:00PM Lowe's
1605 S Garth Brooks Boulevard
Yukon, Oklahoma 73099

10/15/2011
10:00AM-12:00PM St. John Medical Center - Mary K. Chapman Health Plaza
1819 E 19th St
Tulsa, Oklahoma 74104

10/15/2011
10:00AM-03:00PM Ron Shirley Buick
4700 West 6th
Stillwater, Oklahoma 74074

10/22/2011
10:00AM-02:00PM The Boy's and Girl's Club
305 E. Chadick Av
McAlester, Oklahoma 74501- 5807

10/25/2011
02:00PM-04:00PM St. Benedicts
2200 W Ithica St
Broken Arrow, Oklahoma 74012

Dial's Complete Hand Soap May Cause More Harm Than Good

Mon, 22 Aug 2011 12:52:12 -0600

I remember my 9th grade biology teacher telling us to avoid antibacterial soaps because our bodies actually need bacteria. She also mentioned that there's a risk of creating bacteria that would be even more harmful. It turns out, there's more to the story:

The antibacterial Triclosan found in Dial's Complete Hand Soap may be causing more harm than good. We don't even know if it's safe to use in soap and now it's even in toothpaste (Colgate Total). It's everywhere. The Centers for Disease Control and Prevention found that the chemical is present in the urine of 75% of Americans over the age of 5. The NY Times article states that studies have shown that it may alter hormone regulation and that the "F.D.A. has already said that soap with triclosan is no more effective than washing with ordinary soap and water, a finding that manufacturers dispute."

Finger "Guillotine" Chairs

Tue, 16 Aug 2011 11:17:25 -0600

The Chicago Tribune reports that three people whose fingers were snipped off by Martha Stewart chairs "won" settlements against the company:

The settlements were reached with Sandy Caffoe of Jamestown, N.Y., a 67-year-old who lost the function of her right hand when two fingers were amputated in 2008; college student Lisa Peterson, 22, of Des Plaines, Ill. who had her right ring finger amputated in 2009; and Kaitlyn Damron of Pikeville, Ky., who was four in 2006 when the tip of her left pinky finger was severed.

A few notes:

I find it odd that the article states that they "won" settlements. I'm sure if you asked any of the plaintiffs if they won anything, they would gladly have their fingers back to normal rather than any dollar amount they received. They also didn't "win" anything, they settled their cases. The settlement dollar amount, whatever it was, is ggenerally lower than what the plaintiffs would ask for at trial. Settling takes the inherent risk in going to trial, that's why they are lower.
Note how long it took for them to recover anything. The 4 year old child's finger was severed in 2006. That's 5 year's ago.
Like most personal injury settlements, this one was confidential.

Distracted Driving and Pets

Mon, 15 Aug 2011 09:54:05 -0600

Image by national museum of american history via Flickr

According to the National Highway Traffic Safety Administration, 20% of injury car accidents in 2009 involved distracted driving. Cells are typically to blame, but new research shows that we are "driving under the influence of dogs." AAA encourages dog owners to restrain their pets to help avoid an accident:

"It's sometimes a hassle but drivers really should use a pet restraint system every time the pet is in the vehicle," said Chuck Mai, spokesman for AAA Oklahoma. "An unrestrained 10-pound dog in a crash at only 30 mph will exert roughly 300 pounds of pressure, while an unrestrained 80-pound dog in a crash at only 30 mph will exert approximately 2,400 pounds of pressure. Imagine the devastation that can cause to your pet and anyone in its path. Restraints not only limit distractions, but also protect you, your pet and other passengers in the event of a crash or sudden stop."

FDA definition of "gluten-free"

Thu, 04 Aug 2011 09:44:18 -0600

Image via Wikipedia

The FDA is reopening the comment period on the proposed "gluten-free" food labeling rule. Right now, the proposed criteria is that "gluten-free" food can't contain more than 20 parts per million or more of gluten. If I had celiac disease, I wouldn't touch processed foods that are supposedly gluten-free - just stick with real food.

I've dabbled with the Paleo Diet a few times. It's definitely an effective way to get back into shape. One of the main aspects of the diet is to avoid gluten. My asthma also seems to be better when I just eat real food.

The FDA put together a helpful report as well: FDA on Gluten Free.pdf.

Where are all the frivolous lawsuits in Oklahoma? (there's not any)

Wed, 03 Aug 2011 11:26:24 -0600

I received a funny email last week from an old client. The email tells of the story of a "runaway verdict" in Oklahoma:

This year's runaway First Place Stella Award winner was: Mrs. Merv Grazinski, of Oklahoma City, Oklahoma, who purchased new 32-foot Winnebago motor home. On her first trip home, from an OU football game, having driven on to the freeway, she set the cruise control at 70 mph and calmly left the driver's seat to go to the back of the Winnebago to make herself a sandwich. Not surprisingly, the motor home left the freeway, crashed and overturned. Also not surprisingly, Mrs. Grazinski sued Winnebago for not putting in the owner's manual that she couldn't actually leave the driver's seat while the cruise control was set.

The Oklahoma jury awarded her, are you sitting down? $1,750,000 PLUS a new motor home. Winnebago actually changed their manuals as a result of this suit, just in case Mrs. Grazinski has any relatives who might also buy a motor home.

If you think the court system is out of control, be sure to pass this one on.

Guess what? It's an interesting story, but it's totally false. The truth is that special interest groups (specifically billion dollar insurance companies) like us to believe that our court system is full of runaway verdicts. Can anyone name ONE in Oklahoma?

Sure, there are some crazy lawsuits out there. The Facebook one is about a ton of money, for instance.

Personal injury lawsuits in Oklahoma are because plaintiffs want to be reimbursed for their medical bills and something for their pain and suffering. It's not a lottery system, but about plaintiffs trying to get something fair.

Drug Companies and faked research

Mon, 01 Aug 2011 09:40:41 -0600

The FDA announced that the contractor Cetero Research was found to be faking documents to manipulate samples for drug companies. The article doesn't state which companies ("a number of drugmakers") are using the "evidence."

Hospice care and nursing home abuse

Tue, 26 Jul 2011 08:57:05 -0600

Bloomberg has a troubling story in Preparing Americans for Death Allows Hospices to Neglect Life:

Robert Rogers' mother was on hospice care, but he wanted her moved to a hospital. She was wheezing and losing consciousness. Guess what happened? The for-profit hospice refused. The nurse told Rogers that "Our job is not to prepare them to live. Our job is to prepare them to die." So, Rogers called 911. Finally at the hospital, an ER doctor removed 11 maggots from an open wound. Rogers' mother died 5 days later of a sepsis infection brought on the the gangrene in her toe.

Isn't the point of hospice to "live as well as possible" during the stage of life?

Stories are similar to this in other nursing home abuse cases. For example, if someone is put on hospice for cancer, but then develops bed sores, the health care providers generally aren't liable for their mistreatment (even though it was preventable!). With hospice, patients "give up" their rights to "curative" measures.

The Bloomberg article notes that hospice care is a $14 billion business mostly run by for profit companies.

Drug Companies and Paying Doctors

Fri, 01 Jul 2011 11:34:50 -0600

B-Nimble Strollers Recalled

Wed, 29 Jun 2011 09:40:26 -0600

My wife and I are currently shopping for a stroller for our son (he's now just over 13 weeks old!). It's surprising that a lot of the strollers out there are not actually safe.

The latest one recalled is the B-Nimble Stroller manufactured by Britax Child Safety, Inc. The stroller may have brake failure (basically, the brake pedal will click when it's pressed, but it might not actually be locked). The recall is for about 20,000 units in the U.S. The U.S. Consumer Product Safety Commission information on the recall can be accessed here.