Washington Injury Attorney Blog

5 injured in rollover car accident: no one wearing seatbelts

Mon, 23 Apr 2012 19:30:49 -0800

On Saturday, a Dodge Caravan rolled after a rear tire blew and the driver overcorrected causing the vehicle to roll. Six people in the van were injured, including an 11-year-old girl and a 4-year-old girl. What struck me when I was reading the article was the sentence, "It wasn't known if Valencia [the driver] was wearing a seat belt, but none of the other passengers was wearing seat belts or child restraints."

The article appeared in the Yakima Herald, "Six hospitalized after minivan rolls on I-82". The single car accident occurred on Interstate 82 just about 11am. The sentence about the seat belts was in the last line of the article.

While I don't know how severely the injured were in the accident, likely there were some pretty serious injuries because of the rollover and the occupants being thrown around the vehicle. Most likely there were fractures, contusions, lacerations and hopefully nothing more serious. Had everyone in the van been properly buckled up, it is likely they would have escaped the accident with minor injuries.

Washington Seat Belt Compliance

Washington state vehicle code RCW 46.61.687 requires drivers to keep children under the age of 16 to be properly restrained in a child restraint system. I

Washington state has one of the highest compliance with the state seat belt laws. According to the Washington Traffic Safety Commission, the compliance rate is %97.6!

It makes one wonder why no one in this vehicle was wearing a seat belt. Hadn't they gotten the message about the value of wearing a seat belt?

The people in this van are not alone in their failure to buckle up. The Washington State Patrol tickets about 47,000 people a year for failing to use a seat belt.

Bremerton nursing home worker under investigation after allegations of physical abuse of dementia patients

Fri, 20 Apr 2012 17:14:19 -0800

A caregiver at the Cascades of Bremerton Retire Community is being investigated for elder abuse after a fellow employee reported her to police after allegedly witnessing the employee abusing elderly dementia patients and treating them "roughly."

The Central Kitsap Reporter reports that the Bremerton City Police started the investigation after a female worker reported witnessing her co-worker covering the mouths and noses of some elderly patients to prevent them from speaking. She also said she witnessed the worker stepping on patients' feet and poking them in the forehead or neck.

The worker is accused of abusing dementia patients between 91 and 94. She is now on paid leave while the allegations are investigated.

The executive director of the Willows Retirement Living Community said that so far the investigations are inconclusive.

Mandatory Reporter Law

The abuse claims have been referred to Washington State Attorney General Rob McKenna's office as required by Washington State's Mandatory Reporter Law for the Elderly and Disabled. The law requires law enforcement officers; social workers; employees of social service, welfare, mental health, adult day care, home health, home care or hospice agency; county coroner or medical examiner; people working in the healthcare field including physicians, psychologists, nurses, etc. to act as Mandatory Reporters make a report to the Washington State Department of Social and Health Services (DSHS) if they believe that abuse, abandonment, financial exploitation or neglect of a vulnerable adult has occurred. In addition, they are required to also report to local law enforcement agencies if they suspect a sexual or violent assault.

One is not required to have absolute proof to report suspected abuse and reports can be made anonymously.

Student dies after from Western Washington University residence hall window

Mon, 16 Apr 2012 15:11:15 -0800

A Western Washington University (WWU) has died from a fall from a window of Nash Hall, a residence dorm, around 9:45am this morning reports the Bellingham Herald.

According to the report, the 18-year-old student initially survived the fall but died of his injuries.

Police are investigating the fall as a suicide.

Over the past 25 years, falls at the University of Washington and Washington State University (WSU) have been the site of tragic falls leading to death or severe injury. Falls at Washington's universities have claimed the lives of at least six students in the past 25 years.

The common denominator of many of the falls has been male student between the age of 18 and 21 and often alcohol has been a factor. However, at this point, we do not know the details of what happened at WWU.

Every year when parents send their young adult children to college, they are both proud and full of apprehension. Students are often away from home for the first time in their young lives and face many challenges including academics, meeting new people, and partying.

Suicide by students are not uncommon events. In fact, suicide is the second leading cause of death amongst college age people. Often times, suicide is an impulsive act but other times the victim's intentions are unclear and their impulse control may have been diminished due to alcohol.

Whatever the cause of this student's fall, the pain to the family is unfathomable and our sympathies are with them.

Washington Supreme Court rules that WSP accident reports can be accessed by public

Fri, 13 Apr 2012 14:00:14 -0800

In a 7-2 decision, the Washington Supreme Court ruled that accident reports compiled by the Washington State Patrol (WSP)are public records and should be available by request.
The state sought to withhold records from the public arguing that a federal state shielded the records because they were in a Department of Transportation database.

Justice Mary E. Fairhurst wrote for the majority that that citizens of Washington had been allowed to access location-specific reports up until 2003 and that the state was unfairly prohibiting the access of the records.

The case came before the court after a bicyclist, who suffered a paralyzing injury in a bicycle accident on the Montlake Bridge in Seattle, sued after the WSP withheld accident files when he sought location-specific records. The WSP coerced the bicyclist to sign a document stating that he would not use the records to sue the state. The cyclist eventually prevailed and he received a $8 million settlement for his lawsuit claiming that gaps in the steel plates on the Montlake bridge were too wide and caused his accident.

Source: Seattle Times: Wash. justices: Accident reports are public record

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents and bicycle accidents and the family of those killed. With our help, you may recover compensation for your damages.
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Science fiction or reality? Medical implant attacks: murder by radio signal

Wed, 11 Apr 2012 15:16:56 -0800

I've always been a fan of science fiction and spy stories but I ran across an article on the BBC News web-site that was a bit too chilling even for me. Could someone actually be murdered by a person with a medical implant device by using a radio signal? I can almost see the plot line of spy thriller: a foreign dignitary is murdered when his defibrillator is switched off via a cell phone.

In "Warning over medical implant attacks", technology correspondent Mark Ward writing for the BBC says studies reveal that medical implants are vulnerable to attacks and lives could be threatened.

Today, many patients have medical devices implanted in their bodies: Diabetics have insulin pumps which deliver insulin as needed, people with heart conditions have pacemakers to regulate their heart beat and others have defibrillators that can get a heart back into rhythm.

Some of these medical devices have wireless connections which allow physicians to monitor, update or adjust the devices remotely.

A researcher at the Internet security firm, McAfee, has discovered that these medical devices may be vulnerable to attack through their wireless connections. Researcher Barnaby Jack said:

We can influence any [insulin] pump within a 300ft [91m] range. We can do that without requiring its ID number.

Research Professor Kevin Fu at the University of Massachusetts is doing research work that is similar to McAfee's and he has found that it is possible to turn off a defibrillator by capturing the radio signal.

While up to now, there have been no reports of a person or entity hacking a medical device, it is comforting to know that scientists are out there working on technology to safeguard patients.

Woman pleads guilty to texting while driving in accident that injured motorcyclist

Wed, 11 Apr 2012 14:42:56 -0800

Jennifer Moeller, 22, has entered a guilty plea to the charge of "serious injury by vehicle" and hit-and-run in the car-vs-motorcycle accident that seriously injured Joan Nicholson reports WOWT.com.

Moeller was texting while driving and crossed into the oncoming lane and hit Nicholson, seriously injuring her. Moeller has not yet faced sentencing.

This accident certainly illustrates the perils of texting while driving. Distracted driving and texting while driving has become a serious epidemic in the U.S. A study released by the Texting Awareness Foundation found that 14 youths die every day from texting behind the wheel and 18% of all fatal car accidents are caused by cell phone use. It has become a cultural norm, especially for America's youths, to have a hand-held device at the ready.

Perhaps Moeller did not realize that in the time it takes to text two words, a car traveling at 55mph can travel the length of a football field. Taking ones eyes off the road for the few seconds it takes can result in a serious injury accident, or even death.

If this accident occurred in Washington state, Moeller might very well face charges of Vehicular Assault. Washington state vehicle code RCW 46.61.522 states that a motorist can be charged with Vehicular Assault if a person in seriously injured in a motor vehicle accident and the driver was under the influence or driving with reckless disregard to the safety of others. A person convicted of vehicular assault could face up to a year in prison.

Outbreak of Salmonella Bareilly Infections sickens 100 in 19 states

Tue, 10 Apr 2012 17:36:17 -0800

The Centers for Disease Control (CDC) along with the Food and Drug Administration is investigating the source of a foodborne illness — Salmonella Bareilly — that has sickened 100 people in 19 states. While no one has died from the infection, 10 people have become so ill from the infection that they required hospitalization.

In a foodborne illness outbreak such as this one, the CDC interviews those who have become ill to trace the source of the illness. So far, 70% of those interviewed report eating sushi within a week prior to becoming ill. In South Carolina, some of those who have become ill report that they purchased sushi at a grocery store.

The CDC and FDA will alert the public and take steps to prevent additional illness. Currently, the state with the highest incidence of illness is New York with 23 cases followed by Wisconsin and Illinois.

Symptoms of Salmonella Illness

People infected with the Salmonella Bareilly infection usually become ill within 12 to 24 hours after infection. The illness can last between four to seven days and symptoms include:

Diarrhea
Feber
Abdominal cramps

In severe cases, people can develop reactive arthritis which is a cnronic condition which is difficult to treat. Symptoms can include:

Joint pain
Eye irritation
Painful urination

Foodborne illness can be deadly, especially to elderly adults, babies and those with compromised immune systems. Illness in pregnant women can cause a miscarriage.

Truck does half million dollars in damages to freeway overpass

Mon, 09 Apr 2012 13:58:53 -0800

The Washington State Patrol is looking for a hit and run driver responsible for damaging an underpass on Interstate 90 at exit 45.

Apparently, a truck with an over height load struck an overpass girder doing an estimated half million dollars in damage without stopping and reporting the incident.

While the WSP does not know the exact day when the trucking accident occurred, they believe it occurred within the past week. They are asking anyone with information about the accident to contact Trooper Zepeda at (425) 401-7788 pedro.zepeda@wsp.wa.gov.

The Washington State Department of Transportation requires trucks that measure 14 feet from the road to the top of the load or vehicle are prohibited from traveling on Interstates. Motor carriers are responsible for reviewing routes and height clearances prior to traveling of the route. Motor carriers are required obtain a permit for loads that exceed height clearances and require detours.

If found, the truck driver will most likely be charged with Carrying a Load Over the Legal Height. The truck driver and the company that he or she works for will be held liable for the truck accident damages. The Washington State Department of Transportation will try to obtain compensation for the cost of repairing the bridge.

5 people injured in I-90 rollover car accident near Ellensburg

Mon, 02 Apr 2012 14:02:13 -0800

Police believe alcohol or drugs may have been involved in the rollover car accident that injured five people — one seriously — yesterday morning near Ellensburg.

According to a report in the Yakima Herald, the single car accident occurred when Joshua Glenn, 20, of Mukilteo lost control on a patch of ice on Interstate 90 between Ellensburg and Vantage and his Jeep rolled off the highway.

Glenn along with his four female passengers from Everett, Snohomish and Mukilteo were taken to Kittitas Valley hospital. One of the women was transferred to Harborview Medical Center in Seattle where she was being treated for serious injuries.

The Washington State Highway Patrol said that Glenn was driving too fast for the icy road conditions. The most common causes of rollover accidents is driving at excessive speed. Often passengers in rollover accidents suffer serious or catastrophic injuries especially if they are thrown from the vehicle or if they failed to wear a safety belt.

If it is found that Glenn was intoxicated at the time of the accident, he could be charged with Vehicular Assault or DUI. Washington motor vehicle code, RCW 46.61.522, states that a driver can be charged with Vehicular Assault if a person is seriously injured in a motor vehicle accident and the driver was intoxicated.

Family files medical malpractice after nurse accidentally cuts off baby's finger

Thu, 29 Mar 2012 20:33:04 -0800

The family of a 8-month old baby girl has filed a negligence lawsuit against a Florida hospital and nurse after the nurse accidentally amputated half of the baby's left pinky finger.

Veronica Olguin had taken her baby, Selena, who was three months old at the time of the incident, to Heart of Florida Regional Medical Center for treatment of a high fever and bronchitis. After a 3-day hospital stay, the baby was ready to be taken home and a nurse, Emily Anna Stutz, started cutting off a bandage off that had held the baby's IV. Mistakenly, she cut off the baby's finger with a pair of scissors.

Attempts to reattach the severed finger were unsuccessful due to the baby's age.

The family filed suit for emotional and psychological damages as well as developmental challenges Selena might have as she grows older. The young mother of this baby was obviously traumatized by what happened to her baby in the hospital.

Study finds 1 of 3 hospital patients are victims of a medical mistake

The journal Health Affairs published a study of "adverse events " -- medical errors -- last year which revealed that medical mistakes in the hospital setting are more common then one might think. In fact, one in three patients admitted to the hospital has been on the receiving end of a hospital mistake and medical errors are one of the leading causes of premature death and injury.

The most common hospital mistakes are foodborne illness, hospital-acquired infections, falls and bedsores. Less common mistakes include wrong-site surgeries and accidents such as this one.

Man injured in intersection accident awarded $2M

Wed, 28 Mar 2012 19:48:57 -0800

A man who suffered an L-3 herniated lumbar disk when his pickup truck was t-boned in an intersection has been awarded a negligence settlement of $2M to be paid by Tel Tec Security Systems.

John Bowden, 50, suffered a disabling injury when his pickup truck was hit by Bryan Popplewell who was working for and driving a van owned by Tel Tec Security Systems.

Bowden's injuries were so severe that they left him permanently disabled and, unable to work, he had to go live with his son. His medical expenses totaled $319,000 and his future medical expenses and life-care costs are estimated between $1.2 million and $2 million.

The defendants had a $1 million insurance policy and an excess policy of $1 million.

Doctrine of Respondeat Superior

In his negligence lawsuit, Bowden claimed that Popplewell was negligent when he failed to yield the right-of-way at the intersection. He filed suit against Tel Tec Security Systems under the doctrine of respondeat superior for Poppelwell's negligence. The legal doctrine of respondeat superior finds that, in some circumstances, employers are liable for the negligent acts of their employees working in the course of their employment.

Al hallmark case of respondeat superior was the Domino's pizza campaign. In the 80's and early 90's, Domino's pizza had a campaign "30 minutes or it's free". Domino's ended this policy after delivery drivers. in a rush to get the pizzas delivered in the prescribed time frame. were involved in car accidents. The company was sued under the doctrine respondeat superior and discontinued the policy.

Nursing home sued after patient assaults

Thu, 22 Mar 2012 21:06:04 -0800

The family of William A. Kahle, 47, a mentally impaired resident of the Hillcrest Nursing and Rehabilitation Center, has filed suit against the facility alleging that the home failed to protect their son and other patients from a resident who was predatory.

In their lawsuit, Kahle's family alleges that William was attacked and burnt by another resident.

When the Department of Public Health investigated the attack on Kahle, they discovered that another 23 residents had been subjected to some form of sexual, mental or physical abuse by another resident at the facility around the same time that Kahle was injured.

The investigation found that one resident, a 26-year-old man with bipolar and ADHD was responsible for the attacks on up to two dozen residents.

In their lawsuit, Kahle's family alleges that the nursing home was both negligent in allowing the abuse to happen and failing to report it.

Owners or employees of adult family homes, nursing homes or boarding homes are considered to be Mandatory Reporters and they are required by law to report to law enforcement knowledge or suspicions that a vulnerable adult is a victim of abuse, neglect, abandonment or financial exploitation. A mandatory reporter who fails to report nursing home abuse or neglect may may be liable under civil law for damages resulting from the abuse or neglect.

According to the National Center on Elder Abuse (NCEA), only one in 14 actual incidents of elder abuse is reported. Every year between 1 and 2 million Americans over the age of 65 are subjected to some type of elder abuse by a person who they depend on for care.

Symptoms of elder abuse can include falls, fractures, bedsores, medication areas, bruising, and wandering off. While most nursing homes provide a good standard of care, some, due to inadequate staffing, training or background checks may not provide adequate care resulting in jury to the residents.

All that you may need to know about the travel insurance agreement

Thu, 22 Mar 2012 12:45:08 -0800

Like any other type of insurance policy, most people don’t give enough importance to the travel insurance policy and this is the reason why they incur huge amount of debt while travelling. It has been researched that most people in the US love to travel but they’re not aware of the importance of getting a travel insurance policy. While there are some who don’t want to enter into a travel insurance agreement with the insurer, some are not even aware of the details of a travel insurance policy. Read on the concerns of this article in order to educate yourself on the ins and outs of travel insurance policy.

What actually is a travel insurance policy?

There are typically various types of insurance policy and among them the most common are the auto insurance policy, the health insurance policy, the life insurance policy and the travel insurance policy. There are particularly two specific areas of travel insurance policy among which one is medical coverage and the other coverage that specifically covers your investment in travel. When you incur medical costs or accident costs while travelling, the travel insurance company will be liable to meet the costs and help you breathe free.

What are the types of travel insurance coverage that you may take out?

There are certain types of travel insurance coverage that you should take out in order to safeguard your vacation and avoid incurring debt. Have a look at some coverage options on your travel insurance policy.

Trip cancellation coverage: When any unforeseen circumstances cause a cancellation of your trip, the trip cancellation coverage will help you get back your dollars for all those non-refundable deposits.

Trip delay coverage: If you have this coverage on your travel insurance policy, you can certainly get reimbursements when your trip is delayed.

Medical transportation: If you need any kind of emergency medical costs for transportation during the vacation, you have to make sure that you get this kind of coverage on the policy.

Accident coverage: When you meet with any sudden accident while you’re traveling, you may require funds for meeting the medical expenses. During such a time when you have the accident coverage, you can let the insurers pay for you and help you save your dollars.

Baggage loss coverage: If you lose your baggage or it gets stolen on the trip, you can get back money if you have this particular coverage.

Therefore, when you’re worrying about the pros and cons of getting a travel insurance policy, you should simply consider the benefits of getting one. Choose to save your dollars and make your trip memorable.

NPR Feature Story on Metal-on-Metal Hip Implants

Mon, 19 Mar 2012 17:26:45 -0800

National Public Radio's Program Morning Edition aired a story today ""Prone to Failure, Some All-Metal Hip Implants Need to be Removed Early" which explained issues patients are having with the recalled DePuy ASR hip implants.

The feature story highlighted the plight of one patient, Susy Mansfield, a woman who was implanted with an artificial hip at the relatively young age of 57. At the time, her surgeon recommended a metal-on-metal hip because he said they would last longer since the metal-on-plastic hips which have a life span of 10-15 years.

Mansfield's hip was problematic from day one. She suffered constant pain after the surgery, a pain she described as "terrible" and a "hot pain". Her hip implant also was loose. When Mansfield found that her hip implant had been recalled, she sought the help of a surgeon who was experienced in replacing faulty hip implants, Young-min Kwon of Massachusetts General Hospital. Amazingly enough, her original surgeon's office told her that her implant had not been recalled.

The problem with the DePuy ASR hip implants was that they had not been thoroughly tested on humans. The DePuy implants were approved by the FDA with a fast track system known as a FDA 501(k). Dr. Kwon said:

"I think there are lessons for all of us -- that you need to have scientific data to support any introduction of any new technology. One might argue that [this one] didn't have enough.]"

When performing Mansfield's second hip replacement surgery (known as a revision surgery), Dr. Kwon discovered that the cobalt and chromium metal that was shed by Mansfield's DePuy hip implant had damaged her muscles and surrounding tissue. In addition, her bone had not grow around her implant as it should have and Dr. Kwon had to perform bone grafting using a cadaver bone.

A British study found that the DePuy hip implants have a five-year failure rate of 1 in 16 patients but it could be higher. The United States has no national joint registry as they do in the U.K. so there are no real estimates of how many American patients are affected.

The good news for Mansfield. Only four days after her 2nd hip replacement surgery, she was able to go up and down stairs with the help of crutches.

Kirkland couple seriously injured in Lynnwood-area single car accident

Sat, 17 Mar 2012 14:47:21 -0800

Two people were taken to Harborview Medical Center in Seattle after they were injured in a single car accident near Lynnwood around 2am reports the Everett Herald.

According to the report, a 28-year-old woman was driving a Toyota eastbound on 204th Street SW when she ran a stop sign, went through the intersection and crashed into a power pole at Cypress Way.

Both the driver of the car and her passenger, a 32-year-old man, had to be extricated from the vehicle. Their injuries are thought to be serious but not life threatening.

Does insurance cover the driver in a single car accident?

Liability car insurance goes into effect when you are driving and you cause injury to another person and or damages to their vehicle. Liability insurance does not cover the driver when one is at fault for causing ones own injuries.

Liability insurance may be in play, however, if the driver had a medical condition that caused the accident or other factors were involved such as mechanical failure of the car or bad signage on the road.

A passenger in a car that is involved in a single car accident may have a claim against the driver's insurance company.

In the case of any car accident where there are serious injuries, one is advised to seek the counsel of an experienced Washington car accident attorney to insure ones rights are protected.