South Carolina Lawyer Blog

SC Ranks 2nd Most Deadly State for Pedestrians and Cyclists

Fri, 03 Feb 2012 12:45:07 -0600

South Carolina was the second most deadly state in 2011 for pedestrians and cyclists according to a new government-funded report by the Alliance for Biking and Walking. While South Carolina has one of the lowest numbers of bicyclists and pedestrians (ranked 44 of 50 states), pedestrian and cyclist deaths account for a disproportionate 11.9 percent of all traffic fatalities in the state.

The full report, published bi-annually since 2003, examines each state's publicly reported traffic fatality rates. It also examines key indicators that promote a culture of pedestrian and bicyclist safety. South Carolina is also among the bottom third in the country in safety policy and 46th in safety funding. SC, paradoxically, is also among the top third in the per capita number of pedestrian/bike safety advocacy organizations.

Seniors are the most vulnerable population. According to the most recent data available, 2007-2009, those 65 and over account for a higher share of pedestrian and cyclist deaths nationally than any other age group. Seniors make up 19% of all pedestrian fatalities and 10% of bicyclist fatalities.

The only state to score lower than South Carolina in pedestrian and cyclist deaths was Florida. The top five states in pedestrian/cyclist safety were Vermont, Nebraska, Alaska, Wyoming, and South Dakota.

About The Louthian Law Firm
The Louthian Law Firm, P.A., of Columbia, S.C., has been representing personal injury victims since 1959. The firm was founded by Herbert Louthian, who is licensed to practice in all courts in South Carolina. In addition to whistleblower claims, the Louthian Law Firm handles personal injury cases involving medical malpractice; car, truck and motorcycle accidents; and other serious and catastrophic injuries throughout South Carolina. For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online contact form.

Columbia Lawyer Cautions Whistleblowers to Obtain Legal Help Before Moving Forward

Tue, 31 Jan 2012 09:00:00 -0600

Bert Louthian, a Columbia attorney who handles whistleblower cases, today expressed his dismay at a new survey that says employees who report misconduct are facing increased retaliation for doing so.

“Besides the fact that these courageous people are suffering abuse for pointing out corruption and fraud, we are particularly discouraged by the Ethics Resource Center’s conclusion that this problem of retaliation is likely to grow,” said Louthian, a South Carolina False Claims Act attorney and a partner at the Louthian Law Firm, P.A., in Columbia.

“We want workers in South Carolina and elsewhere to understand that they are legally protected when they report fraud and other misconduct in business. But in order to reap the benefits of the law’s protection, they often need the assistance of a law firm that employs experienced False Claims Act attorneys,” he said.

The Ethics Resource Center (ERC) released its biannual National Business Ethics Survey earlier this month. According to the survey’s results, the misconduct U.S. workers had witnessed fell to a historic low, although “retaliation against employee whistleblowers rose sharply.”

The survey found that 22 percent of those who reported bad behavior – some 9 million Americans – said they experienced some form of retaliation, up from 15 percent in the 2009 survey and only 12 percent in 2007.

“Most of the retaliation was passive, such as being excluded from decisions and work activity by a supervisor or being given a cold shoulder by peers,” the Wall Street Journal reported. “But 44 percent said they were reassigned, one third of employees said they were demoted and 31 percent said they experienced physical harm to themselves or their property.”

“As the economy gets better – and companies and employees become more optimistic about their financial futures – it seems likely that misconduct will rise and reporting will drop, mirroring the growth in pressure and retaliation that have already taken place,” the ERC said in its key findings.

The False Claims Act, known as the “whistleblower law,” is meant to protect workers who report fraudulent activity pertaining to government funds. The law provides the means for individuals to file lawsuits on behalf of government agencies being defrauded, which are known as “qui tam claims.” Whistleblowers may collect 15 to 30 percent of any money recovered in a successful lawsuit.

A whistleblower lawsuit typically pertains to tax fraud, health care fraud (such as false Medicaid or Medicare claims), Social Security fraud or corporate fraud that involves overbilling the government or submitting false information to regulatory agencies, Louthian said.

“The complexity and intimidation factors involved in a qui tam lawsuit are why a whistleblower should contact an experienced False Claims Act attorney before moving forward,” Louthian said.

“A lawyer can advise a worker and assist them in collecting documentation of their claim. Then, should retaliation come, they will not be alone; their attorney will stand beside them every step of the way.”

About The Louthian Law Firm
The Louthian Law Firm, P.A., of Columbia, S.C., has been obtaining fair compensation for personal injury victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina. In addition to whistleblower claims, the Louthian Law Firm handles personal injury cases involving medical malpractice; car, truck and motorcycle accidents; and other serious and catastrophic injuries throughout South Carolina. For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online contact form.

Sheriff Says Impaired Driving Caused Majority of Lexington County’s 2011 Fatal Crashes

Thu, 26 Jan 2012 09:00:00 -0600

With 52 traffic fatalities last year, Lexington County had the second worst highway safety record in South Carolina during 2011, Sheriff James Metts told Columbia-based WIS-TV. Sheriff Metts estimated that 60 percent of those deadly auto accidents involved drivers who were impaired by alcohol or drugs.

“We had more deaths in Lexington County last year by vehicle than we had by any other means,” he said in the recent report. Sheriff Metts called on lawmakers to increase funding for law enforcement, including more State Troopers to crack down on drunk driving in South Carolina. We have reported here before about South Carolina’s trooper shortage and efforts to increase the number of officers patrolling the state’s roads.

Law enforcement and victims’ families also urged state lawmakers to increase the penalties for driving under the influence and to make it easier to get convictions for motorists charged with DUI. In the meantime, Sheriff Metts said deputies will step up their efforts to target impaired drivers in Lexington County.

The Columbia drunk driving auto accident attorneys at the Louthian Law Firm, P.A.,support law enforcement’s efforts to crack down on impaired drivers, and we also ask state government to restore the number of State Troopers on patrol. In addition, we are committed to seeking justice for people who were injured by impaired drivers and for the families of drunk driving victims.

If you or someone you love has been injured in a drunk driving traffic accident in Lexington County or elsewhere in South Carolina, you should speak with an experienced Columbia personal injury attorney such as the ones at the Louthian Law Firm, P.A., as soon as possible. We have represented the rights of accident victims since 1959, and we’re committed to providing personalized service to you while aggressively pursuing negligent motorists. Because we understand how financially devastating an accident can be, we charge you nothing until you have recovered compensation for your damages.

For a free consultation, call the South Carolina auto accident lawyers at the Louthian Law Firm, P.A., today. Toll free: (866) 454-1200. Locally: (803) 454-1200. You can also fill out our confidential online case evaluation form.

South Carolina Again Considers Making All Motorcyclists Wear Helmets

Tue, 24 Jan 2012 09:00:00 -0600

The debate over whether all motorcyclists in South Carolina should be required to wear helmets has once again come up in the state legislature. State Sen. Ralph Anderson of Greenville has sponsored a bill that would make helmets mandatory for all riders, instead of only those younger than 21. Gov. Nikki Haley has promised to veto the bill should it reach her desk.

Passing a mandatory motorcycle helmet law would put South Carolina in line with 20 other states, including its neighbors in Georgia and North Carolina, which already require all motorcycle riders to wear helmets.

The bill’s introduction comes at a time when South Carolina is experiencing a double-digit increase in the number of motorcycle fatalities on its roads. Although it’s true that there are a number of factors that could be responsible for the spike in motorcycle deaths, it is clear that wearing a helmet can significantly reduce the likelihood of being killed or seriously injured in a South Carolina motorcycle crash.

A recent op-ed piece in the Anderson Independent-Mail supporting the helmet bill cited statistics that indicate what a difference wearing a helmet can make for motorcyclists who are involved in crashes. Data from the National Highway Traffic Safety Administration show that wearing a helmet cuts the chance of dying in a motorcycle crash by 37 percent. This is significant considering that studies show that motorcyclists are 30 times more likely than other motorists to be involved in a crash.

The Columbia motorcycle accident attorneys at the Louthian Law Firm, P.A., recognize that in many instances the driver of the other motor vehicle is to blame for a crash with a motorcycle. Too many drivers are distracted and not focused on keeping a proper lookout for motorcyclists, ignoring their right to use the road. Our lawyers also understand enthusiasts’ objections to laws that intrude on their freedoms. However, we have seen the tragic results of so many motorcycle accidents that we believe a mandatory motorcycle helmet law merits consideration.

The South Carolina personal injury attorneys at the Louthian Law Firm, P.A., have been helping motorcycle accident victims in Columbia, Orangeburg, Sumter, Aiken, and throughout South Carolina, obtain fair compensation for their injuries since 1959. We provide each of our clients with individual attention.

If you or someone you love has been seriously injured in a South Carolina motorcycle accident, contact the Louthian Law Firm today. Call us toll free at (866) 454-1200 or locally at (803) 454-1200. You can also contact our South Carolina personal injury lawyers online for a free evaluation of your case.

With Charleston’s Port Growing, Already Unsafe I-26 Needs Upgrades To Handle More Trucks

Thu, 19 Jan 2012 12:17:21 -0600

In a recent opinion item in the Charleston Post and Courier, North Charleston city councilman Ron Brinson urged South Carolina authorities to support much-needed upgrades to Interstate 26, the main route connecting the Charleston area to the rest of the state and nation.

Brinson rightly points out that I-26 is already over capacity and in generally poor condition, and that situation will only get worse as the Port of Charleston grows and more trucks take to the highway. “Congestion and outdated designs engender unsafe conditions. Accident rates are generally high, and there’s a well-documented disproportionate fatality rate, especially in the Orangeburg to Summerville segment,” he writes.

Motorists who frequently travel I-26 between Charleston and Columbia are aware of the road’s inadequacies, and Brinson suggests that conditions will deteriorate as traffic increases — unless the state gets serious about upgrading its infrastructure. With the potential for a doubling of truck traffic related to the port within 10-12 years, sufficient modernization of I-26 would cost at least $1 billion and take about a decade, according to Brinson.

The South Carolina truck accident lawyers at the Louthian Law Firm echo the writer’s concerns about the safety of I-26, and we urge the state and federal governments to support upgrades to the route. We have written here before about one state lawmaker’s proposal to put in place a temporary fix for the issue of heavy trucks on I-26 by restricting them to one lane. While that might or might not be part of the solution, it is important for government officials to begin taking a serious look at how they can improve the road’s safety.

The South Carolina personal injury attorneys at Louthian Law Firm, P.A., have been helping truck accident victims in Columbia, Orangeburg, Sumter, Aiken, and throughout South Carolina, obtain fair compensation for their injuries since 1959. We provide each of our clients with individual attention.

If you or someone you lovehas been seriously injured in a truck accident on I-26 or any of South Carolina’s roads, contact the Louthian Law Firm, P.A., today. Call us toll free at (866) 454-1200 or locally at (803) 454-1200. You can also contact our South Carolina personal injury lawyers online for a free evaluation of your case.

South Carolina Traffic Fatalities Increased In 2011, Bucking A National Trend Downward

Thu, 19 Jan 2012 12:08:40 -0600

Preliminary reports indicate that South Carolina traffic accidents claimed more lives in 2011 than the year before, marking the first increase in highway deaths since 2007. According to the South Carolina Department of Public Safety, 818 people perished in South Carolina auto accidents last year, up 9 over the 2010 toll.

This step backwards is particularly disturbing at a time when the nation as a whole is experiencing a continuing decline in the number of overall traffic deaths. Nationwide, auto accident fatalities hit a 61-year low in 2010, according to the National Highway Traffic Safety Administration. Preliminary reports from other states show that the overall downward trend continued last year.

Why is South Carolina different? Part of the explanation is that the state is experiencing more pedestrian and motorcycle fatalities, according to an article in Columbia’s The State newspaper. Early numbers revealed that at least 110 pedestrians died in South Carolina during 2011, up 21 over the previous year’s tally. South Carolina motorcycle fatalities followed a similar trend, with at least 20 more deaths in 2011 than in 2010.

As we have reported here before, South Carolina needs to do more to address the safety threats faced by pedestrians and motorcyclists. While it is clear that authorities need to step up enforcement of existing laws and the state’s transportation infrastructure would benefit from improvements, much of the responsibility for highway safety lies with motorists themselves.

The Columbia car crash attorneys at the Louthian Law Firm, P.A., understand that negligent drivers bear a significant share of the blame for our state’s high fatality rate, and we are committed to holding reckless and careless motorists accountable for the losses they cause.

If you or someone you love has been injured in a traffic accident in Columbia, Orangeburg, Lexington, Aiken, Sumter, or anywhere in South Carolina, you should speak with an experienced traffic accident lawyer such as the ones at the Louthian Law Firm, P.A., as soon as possible. We have represented the rights of accident victims since 1959, and we’re committed to providing personalized service to you while aggressively pursuing negligent motorists. Because we understand how financially devastating an accident can be, we charge you nothing until you have recovered compensation for your damages.

Op-Ed Article Criticizes South Carolina DOT's Lack of Concern for Cyclists in Charleston Area

Thu, 12 Jan 2012 12:48:41 -0600

A recent opinion column in the Post and Courier calls on South Carolina's Department of Transportation (SCDOT) to think more about cyclists’ needs and safety on the James Island Connector. SCDOT recently banned pedestrians and cyclists on the popular bridge after a recent cyclist death. No safe and efficient alternate routes currently exist for those seeking to get to James Island by foot or bike.

The op-ed calls for both improvements to the connector and other routes for the sake of cyclists and pedestrians. The bridge was not originally designed to handle anything but cars and trucks, but local officials have long debated ways to make the connector safer. The local mayor, Joe Riley, supported a recent measure to convert one lane on the bridge for pedestrian and bicycle use, but funding issues have stymied the effort.

Charleston Moves, a local advocacy group, is looking for alternatives to a complete ban. Charleston Moves says the SCDOT ban is "running away from what's needed." The group has begun talks with engineers to discuss the viability of foot and bike traffic on the bridge. Possible alternatives may include a cantilevered walkway, retrofitting the bridge, and/or lowering the speed limit. So far, SCDOT has not joined the talks.

The Louthian Law Firm, P.A., South Carolina Personal Injury Lawyers, has been helping accident victims obtain fair compensation for their injuries since 1959. We provide each of our clients with individual attention.

If you believe you or someone you care about was hurt in a South Carolina bicycle accident, contact the Louthian Law Firm today. Call us toll free at (866) 454-1200 or locally at (803) 454-1200. You can also contact our South Carolina personal injury lawyers online for a free evaluation of your case.

Drive Safely by Avoiding Common Driving Distractions

Fri, 06 Jan 2012 15:06:54 -0600

Our South Carolina car accident attorneys recently reported about the dangers of driving with a cold - considered another form of distracted driving. South Carolinians and all Americans have been bombarded with the hazards of texting while driving, and other dangerous distracted driving behaviors. While some in the general public believe the warnings are excessive, our attorneys have seen the devastating impact of distracted driving.

Using electronic devices such as cell phones and GPS technology while driving are the usual distractions that drivers are warned against that can result in serious accidents and highway traffic fatalities. The list of possible distractions is seemingly endless, and by being aware of some of the most common distractions, drivers can help make our South Carolina highways safer.

Common Driving Distractions

Texting and cell phone use are the most common driving distractions.While many states have enacted cell phone driving laws, South Carolina is one of the few states that has not yet successfully passed legislation.However, the 2011-2012 South Carolina General Assembly will once again consider distracted driving legislation.Regardless of whether a texting while driving law is in place, drivers should refrain from practicing that dangerous behavior.

Outside noise and commotion can be just as distracting as activity inside the vehicle. Experts suggest keeping your windows up when driving to avoid the possibility of an insect flying into the car, loose paper from flying around the car and being distracted by loud noises from construction sites and congregating crowds.

Emotional discussions can upset and distract the driver, quickly turning into a dangerous accident. Resolve differences outside the car at a later time.

Eating, drinking and applying make-up are common practices for drivers, yet they all have the potential of being extremely distracting. Trying to retrieve dropped food, cleaning up spilled drinks or looking in the mirror to ensure lipstick is properly applied all require taking your eyes off the road and can cause an accident in a split second.

Our South Carolina accident attorneys remind drivers that any time you take your attention away from driving, the potential for an accident increases exponentially. Recognizing, and avoiding, the common driving distractions above can help keep drivers, passengers and pedestrians safe from accidents.

The Louthian Law Firm, P.A., South Carolina Personal Injury Lawyers, has been helping car accident victims obtain fair compensation for their injuries since 1959. We provide each of our clients with individual attention.

If you believe you or someone you care about was hurt by a car, truck or motorcycle accident in South Carolina, contact the Louthian Law Firm today. Call us toll free at (866) 454-1200 or locally at (803) 454-1200. You can also contact our South Carolina personal injury lawyers online for a free evaluation of your case.

Driving with a Common Cold Dangerous to Drivers

Fri, 06 Jan 2012 15:01:08 -0600

A report on ABC News this week identified yet one more hazard for drivers – the common cold. According to researchers in Great Britain, a person that gets behind the wheel with a heavy cold is just as dangerous as someone who has just downed four double shots of whiskey.

The research conducted by Young Marmalade, a UK-based car insurance company, and Cardiff University in Wales, found that drivers who were sick drive erratically and have slowed reaction times. In fact, the ABC News Health blog cited data from the study that found that driving skills of sick drivers "dropped by about 50 percent when compared with those who were healthy."

The researchers identified lack of sleep from cold symptoms as the primary culprit affecting sick drivers, and not medication. However, taking cold medication can cause drowsiness and may further impact the dangers of driving with a cold.

A quick calculation by ABC estimated about 1 million Americans will be driving with a cold on any given day.

What should you do if you have a cold?

Before driving you should ask yourself if you can drive safely feeling as ill as you do. If you are determined to drive, you should focus on the task at hand and follow basic safe driving skills. The ABC report suggests that sick drivers should be more attentive, keep both hands on the wheel, buckle up and allow enough distance between themselvesand other cars.

Our car accident attorneys previously reported that South Carolina drivers are among the worst in the country. We believe the best way to help keep South Carolina residents out of harm’s way from unsafe drivers is by continually raising the awareness of distracted driving behaviors. Anytime you get behind the wheel of your car, please stay focused and drive defensively to help arrive safely at your destination.

At the Louthian Law Firm in Columbia, SC, we have represented the rights of accident victims and other injured South Carolinians since 1959. We’re committed to providing personalized service to you while aggressively going after wrongdoers. Because we know how financially devastating an accident can be, we never charge you a dime until your case is won.

For a free evaluation of your case, call us today at (866) 454-1200 or (803) 454-1200. You can also fill out our confidential online case evaluation form.

Bill Introduced to Amend Post-Market Review of Medical Devices

Fri, 30 Dec 2011 11:58:16 -0600

Recently, three United States Senators introduced legislation to amend the U.S. Food and Drug Administration’s (FDA) post-market watch of medical devices. Currently, the FDA may approve moderate-risk devices through the 510(k) process as long as the product is found to be similarly safe and effective as another product that is already on the market. This is considered a fast-track approval process.

However, the new bill would allow the FDA to require companies to submit post-market information in order to gain approval for moderate-risk medical devices. Furthermore, the FDA could order companies to administer additional safety studies after devices are approved.

Under the proposed legislation, the FDA would also be required to evaluate recalls and decide whether they were executed effectively.

Ideally, the newly proposed bill would mean safer medical devices for patients, offering less hassle and less chance of medical complications for patients and consumers. We welcome all efforts by lawmakers and the FDA to increase the safety of patients who use those medical devices.

Contact The Louthian Law Firm

If you or someone you care about has been injured by a defective medical product, you should speak with an experienced South Carolina product injuries attorney like the ones at the Louthian Law Firm as soon as possible. Our attorneys can help you evaluate your case; protect your legal right to the courts; stand by your side throughout the legal process; and get you the best possible results.

For a free consultation, call the Columbia SC Defective Product Attorneys at Louthian Law Firm today. Toll free: (866) 454-1200. Locally: (803) 454-1200. You can also fill out our confidential online case evaluation form.

SC Hospitals Receive Federal Funds to Improve Safety

Thu, 29 Dec 2011 08:09:45 -0600

After repeated state budget cuts, South Carolina hospitals recently got good news from the federal government. The federal Partnership for Patients program will give South Carolina hospitals $1 million per year for at least the next two years to improve hospital quality.

Participating hospitals must reduce readmissions by 20 percent and hospital-acquired conditions by 40 percent. Readmissions are typically used to determine hospital quality. The higher the readmission rate, the more likely the patient was not ready for discharge or was ill-prepared for discharge. Death and injury rates are higher among readmitted patients.

Hospitals will also target hospital-acquired conditions like infections, adverse drug events, catheter-associated urinary tract infections, injuries from falls, and adverse obstetrical events among others.

"This is going to mean we’ll be able to move forward more aggressively toward making care safer for patients, and being able to have more resources to help hospitals accomplish that,” said Dr. Rick Foster, senior vice president for quality and patient safety at the South Carolina Hospital Association.

The additional funding nearly doubles what hospitals were already investing in improving patient safety. In a time of deep budget cuts across the state, the funding is much needed by the hospitals.

Partnership for Patients hopes the nationwide initiative will result in 1.8 million fewer injuries, 1.6 million fewer readmissions, and more than 60,000 lives saved.

Contact The Louthian Law Firm

If you or someone you care about has been injured by the carelessness of a medical professional, you should speak with an experienced South Carolina medical malpractice attorney like the ones at the Louthian Law Firm as soon as possible. Our attorneys can help you evaluate your case; protect your legal right to the courts; stand by your side throughout the legal process; and get you the best possible results.

For a free consultation, call the Columbia SC Medical Malpractice Lawyers at Louthian Law Firm today. Toll free: (866) 454-1200. Locally: (803) 454-1200. You can also fill out our confidential online case evaluation form.

SC Highway Patrol Director Says More Troopers Needed For Public Safety

Thu, 22 Dec 2011 09:00:00 -0600

Progressive budget cuts over the past three years have reduced the number of South Carolina state troopers by 20 percent. Now interim Highway Patrol Director Lt. Col. Mike Oliver says it’s time to reverse some of the cuts in the name of public safety. He is requesting an additional 40 troopers to increase DUI arrests and improve collision response.

“[Current reduced trooper levels] may mean a longer wait time for us to respond to a collision. We certainly respond as quick as we can to clear the roadway and investigate their collisions, but more troopers certainly gives us the ability to do that quicker,” Oliver said in a report on WSPA-TV in Spartanburg.

Director Leroy Smith of the Department of Public Safety said he believes increased troop levels would also prevent trooper fatigue and help retention rates.

South Carolina currently has 804 troopers, a sharp decrease from the ideal level of 1,000. In 2008, there were 983 troopers. Adding 40 troopers would cost $4.5 million, and about half the cost would be for one-time equipment expenses such as new vehicles.

Opponents of the increased cost point out that the number of highway deaths has decreased significantly between 2008 and 2010 — from 921 to 774. That reduction is despite fewer troopers patrolling the roads. Traffic fatalities have fallen nationally, and experts believe this may be partially due to decreased travel because of the bad economy.

Contact The Louthian Law Firm

If you or someone you love has been injured in a South Carolina traffic accident, you should speak with an experienced Columbia car crash attorney such as the ones at the Louthian Law Firm as soon as possible. We have represented the rights of accident victims since 1959, and we’re committed to providing personalized service to you while aggressively pursuing negligent motorists. Because we understand how financially devastating an accident can be, we charge you nothing until you have recovered compensation for your damages.

For a free consultation, call the South Carolina auto accident lawyers at the Louthian Law Firm today. Toll free: (866) 454-1200. Locally: (803) 454-1200. You can also fill out our confidential online case evaluation form.

South Carolina Attorney Says Whistleblowers Can Prevent Dangerous Off-Label Drug Uses

Tue, 20 Dec 2011 05:00:00 -0600

Bert Louthian, a South Carolina attorney who focuses on whistleblower lawsuits, said today that he supports government inspectors who recently told lawmakers, according to Fox News, that more needs to be done to prevent doctors from prescribing psychiatric drugs that are not approved to treat dementia in afflicted nursing home residents.

Fox News reported that the U.S. Department of Health and Human Services found that 83 percent of Medicare claims for antipsychotic medications – normally used to treat people with schizophrenia or bipolar disorder – were prescribed for patients with dementia. Almost 305,000 nursing home residents were prescribed antipsychotics.

The medications have been linked to an increased risk of death in seniors, which has led the U.S. Food and Drug Administration (FDA) to repeatedly caution against prescribing such drugs for easing aggressive behaviors associated with dementia, according to Fox News.

“There have been multiple warnings to practitioners against the health risks of using antipsychotic medications for people with dementia, both from the federal government and the drug companies who warn against it on their labels,” said Louthian, of the Columbia (S.C.) personal injury law firm, Louthian Law Firm, P.A.

“Now it’s time for people to step forward and prevent a serious health crisis by alerting the public to such continued misuse.”

Louthian said that “off-label use,” or the use of drugs beyond the scope for which they are approved, is a nationwide problem that is beginning to receive widespread attention through qui tam litigation, or whistleblower claims.

“Pharmaceutical companies are increasingly being held accountable for promoting the use of their drugs for off-label uses,” the South Carolina lawyer said. “That is a violation of the False Claims Act because payment for off-label use of prescription medications by Medicare or Medicaid is not eligible for reimbursement.”

The False Claims Act pertains to any kind of fraudulent claim in the U.S., including tax fraud, health care fraud (such as false Medicaid or Medicare claims), Social Security fraud or corporate fraud that involves overbilling the government or submitting false information to regulatory agencies.

Another major area of qui tam litigation is occurring among medical practices that are billing Medicare for services that aren’t authorized, Louthian said.

“What we have seen is they will tack on a $25 charge here or a $50 charge there thinking that nobody will notice – and Medicare doesn't notice because oversight and enforcement appear to be practically nonexistent – until an employee of the medical practice comes forward,” Louthian said. “It doesn't sound like much, but it adds up, and there can be a hefty per occurrence monetary penalty.”

Lawyers who are well-versed in qui tam litigation and whistleblower claims can assist workers in bringing the fraud to light without fear of retaliation from their employers.

“Being a whistleblower is not necessarily a role that people are comfortable playing,” Louthian said. “While they may reap financial rewards from a successful qui tam lawsuit due to treble damages and other penalties – which may add up even though the fraud they see may appear to be small -- they also must face a lengthy legal process that can be stressful and overwhelming,” Louthian said.

“But when you’re talking about protecting innocent people from harms caused by off-label or other abuses, people need to summon the courage to bring the truth to light.”

About The Louthian Law Firm

The Louthian Law Firm, P.A., of Columbia, S.C., has been obtaining fair compensation for personal injury victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina. The Louthian Law Firm focuses on personal injury cases involving medical malpractice; car, truck and motorcycle accidents; and other serious and catastrophic injuries throughout South Carolina. For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online form.

South Carolina May Limit Truck Drivers to One Lane

Fri, 16 Dec 2011 07:38:02 -0600

South Carolina may soon create a truck-only lane along the far left side on a seven-mile stretch on I-26 in Charleston, South Carolina. Legislators cite the growing port in Charleston as the cause of increased tractor-trailer presence and accidents between Cosgrove Avenue to Ashley Phosphate Road on I-26.

“If we can save a life, it is our responsibility to act. The only way to be proactive is to go ahead and try something that would be feasible for that area,” Rep. Wendell Gilliard (D-Charleston), the sponsor of the bill, said. "It’s a safety issue. You don’t want trucks in the middle lane or the far right. In that scenario, you end up having lanes blocked near exits. With trucks to the far left, cars can proceed around them.”

The value of truck-only lanes has long been debated by urban planners and traffic safety officials. In theory, truck-only lanes ensure that trucks do not intermingle with passenger vehicles and, thus, present less likelihood of collision. These lanes, however, effectively reduce road and highway size and thereby represent an added cost to the state. Some states have proposed special truck-only tolls, but such moves are strongly resisted by the trucking industry especially in a time when truck-related fatalities are decreasing. The cause of the decrease in accidents--whether because of the recession or increased safety-- is still being debated.

Gillard asked the state Secretary of Transportation to conduct a feasibility study for a truck-only lane in August after witnessing a 9-hour traffic delay due to a truck accident. Gillard filed his proposal recently. The bill will not be voted on until the new session begins in January.

About The Louthian Law Firm

Pedestrian Deaths Increase in SC

Fri, 09 Dec 2011 09:00:00 -0600

South Carolina pedestrian deaths have increased sharply this year. At a recent press conference, S.C. Highway Patrol Capt. Brad Hughes highlighted the 24% increase in pedestrian deaths, from 81 this time last year to 101 so far in 2011. Lexington County and Columbia in particular saw large increases in fatal pedestrian accidents.

So far, South Carolina has responded by placing the burden on pedestrians to be more car-conscious. The state implemented a program called SEE, an acronym for "Stop, Educate and Enforce," under which officers stop to warn pedestrians in dangerous situations. Pedestrians with their back to traffic, intoxicated, or wearing dark colors are especially vulnerable. While the program has reached 2,900 pedestrians this year, there has been no measurable improvement in pedestrian safety.

This comes as no surprise to our South Carolina accident attorneys; in any car-pedestrian accident, the pedestrian is the vulnerable party and the person likely to suffer serious, even fatal injuries.

At the press conference, officers conceded that more needs to be done to protect pedestrians.

“Motorists, too, can change their driving habits to help address this issue,” Hughes said. He pointed out that driving slower, avoiding distracted driving, and increased alertness would help avoid accidents.

In our opinion, Columbia is placing too much of the responsibility on pedestrians. In response to the increased pedestrian death rates, city law enforcement officials plan to give out more citations to pedestrians. That strategy is likely to do little to reduce the pedestrian fatality and injury figures in our area.

If you’ve been in a pedestrian accident, it’s important to make sure that you understand your legal rights. South Carolina law on car wrecks is complex, and the statute of limitations for filing a claim can be short. You should consider speaking to the Louthian Law Firm as soon as you think you may need a South Carolina pedestrian accident lawyer.

For a free evaluation of your case, call us today at (866) 454-1200 or (803) 454-1200. You can also fill out our confidential online case evaluation form.