Friday, January 25, 2013

Junior Seau’s Family Finally Sues NFL over Brain Injury

Photo gives credit to Getty Images.
Soon after the relatives of the late Junior Seau was informed that the former NFL player’s brain was tested positive for chronic traumatic encephalopathy (CTE), the family immediately filed a lawsuit against the NFL.

More than a week ago, the experts from the National Institute of Health (NIH) released the complete result of the brain study conducted in Seau’s brain. According to the report, the deceased football player’s suffered brain injury during his lifetime.

In fact, even before the lab result came out, Seau’s family already believes that the disease had prompted the former player to commit suicide.

Subsequently, after Seau’s brain test result confirmed that he likewise sustained head injuries during his career, the family finally stepped forward and filed a wrongful death lawsuit against the football league.

In the said lawsuit, which was filed in San Diego, California, Seau’s family claimed that the NFL willfully concealed the truth about the dangers of repetitive concussion to the head, which are often sustained by every football player. The lawsuit further claim that Seau suffered chronic traumatic encephalopathy (CTE) as a result of repeated concussions and, that his condition drove him to take his own life.

In addition, the NFL helmet manufacturer, Riddell, is also named in the lawsuit for producing helmets that are dangerous. The lawsuit claimed that the manufacturing company has been negligent in its helmet design.

Seau committed suicide last May by shooting himself in the chest. His family and friends speculated that he probably can no longer endure the pain and sufferings, which prompted him to take away his own life. Media sources found out that although Seau was never formally diagnosed with a concussion during his lifetime, he regularly complained of symptoms associated with such condition.

Consequently, after his death, his brain was donated to science for brain injury study just like what the families of the former NFL players who died did.

Experts explained that although patients with CTE show symptoms such as aggressiveness, forgetfulness, depression and sometimes suicidal, the condition can only be diagnosed after death.

So far, more than 30 NFL players who passed away have been diagnosed with CTE while there are some 4,000 retired players who already filed lawsuits against the league over its alleged failure to inform players about the dangers that has been associated with the sport.

Meanwhile, in a statement released by Seau’s family after filing the lawsuit, it claimed that even thought the lawsuit could no longer bring back Junior, at least it will send several important message to the league as well as to the players and future generations.

Apparently, the family’s purpose in filing for a wrongful death claim serves just right, commented by a Los Angeles wrongful death lawyer. Aside from receiving the right compensation for the death of their loved one, they will also set an example to the other victims of brain injury. They should never be afraid to come out and claim what is due for them, he added.

Friday, January 18, 2013

NTSB Eyes on Engine Malfunction as Major Cause of Ferry Accident that Injures Dozens of People

Photo gives credit to NY Daily News.
Following the ferry accident that injures 74 morning commuters in Manhattan, New York more than a week ago, the National Transportation Safety Board (NTSB) conducted a series of investigation to determine that main cause of the accident and definitely to assess who will be held liable for all the damages and injuries that the incident incurred.

As recently reported, the current investigation focuses on the ferry’s engines and why they may have failed according to the federal officials.

Previous reports claimed that the high speed ferry carrying hundreds of morning commuters from Atlantic Highlands, New Jersey  crashed into a dock in lower Manhattan, New York last January 9. As a result of the strong impact of the crash, passengers were tossed into the air and sent others tumbling down stairs. 74 people were reportedly injured, 2 of them were critical condition and some 11 were in serious condition including the one who suffered severe brain injury after falling down a staircase.

According to a statement released by the board’s spokesperson, Robert Sumwalt, the investigation has a possible breakthrough since the investigators learned that the ferry’s engine have a data recording system feature which they can further examine.

During an investigation with the ferry’s captain, Jason Reimer, the latter claimed that there was a mechanical failure onboard. He affirmed that he was unable to put the ferry in reverse mode as he tried to dock the same and then the engines died shortly.

On the contrary, experts claimed that at the time of the accident, the ferry was going about 13 mph, which is fast for a usual crawl into the slip but not necessarily for turning into the area.  Following the impact, experts further said that it would be possible for the ferry to dock normally.

Moreover, the board official recently learned that the ferry had just undergone a major overhaul that gave it new engines and propulsion system. Therefore, they were looking into it whether the same was a factor to the incident.

Incidentally, the ferry’s engines were made by a Michigan-based company, whose representatives were also sent at the scene to help the investigators to extract data from the engines. Also, video cameras installed on boards are now being reviewed to determine whether it would do any help with the ongoing investigation.

In addition, investigators interviewed the crews, first responders and several witnesses for possible additional information. The board even welcomes amateur videos taken during the actual incident from anyone.

In such cases of personal injury and / or brain injury claim, investigation plays a significant role in providing strong and convincing evidences to stress out that a person or a party’s negligence really caused the accident or injuries, noted by a personal injury lawyer in Los Angeles.

Friday, January 11, 2013

Surprising Facts about Dog Bites

Dogs can be a tamed pet of the family. However, they can also be a cause of severe injuries and fatality to the family members. As evidence, several personal injury lawyers compiled few surprising facts about dog bites for your ready reference:

•    Millions of Americans Suffer from Dog Bites Each Year

Each year, the Centers for Disease Control and Prevention records an average of approximately 4.7 million cases of dog bite involving Americans. The U.S. has a total of 72 million pet-owning households. Apparently, the figures only show that no injured citizen is a statistical outlier.

•    Hundreds of Thousands of Dog Bite Injuries Require Emergency Treatment

Although there are millions of recorded dog bite incidences in the U.S., only few of them receive proper and immediate medical attention. Consequently, those who did not receive medication typically die from rabies/tetanus infection.

•    Number of Dog Bite Injuries Almost Doubled in the Last Decade

According to a report released by the Agency for Healthcare Research and Quality, the total number of dog bite injuries in the past decade has increased dramatically. Nearly half of all victims of dog bite injuries have sought medical treatment for a skin infection.

•    Approximately 16,000 People Filed Dog Bite Claims Last Year

Following a dog bite injury, a victim has a legal right to file for a claim against the owner of the dog or the owner’s insurance agency. Based on data released by the Insurance Information Institute, there are approximately 16,000 victims who filed dog bite claims last year. On an average, the standard amount per claim is nearly $30,000.00.

As it is, even a supposedly gentle dog can attack anybody and cause an injury that can be fatal. In addition, animal attacks may be less prevalent than vehicle accidents or slip-and-fall injuries; however, they can nevertheless result in serious injuries.

Friday, December 28, 2012

Worst Celebrity Car Wrecks

Hollywood celebrities may be talented when it comes to acting, singing and dancing, but not always to driving. A lot of them in fact, have been involved in some ridiculous or silly, if not fatal, car crashes.

See below how some of the big stars of yesterday and today wreck their expensive vehicles in different road crashes:

James Dean

The East of Eden’s star wrecked his new Porsche 550 Spyder on September 30, 1955 in a head-on collision with a 1950 Fort Tutor during an auto rally in Salinas, California. The said incident caused the actor’s early death at the young age of 24.

Ryan Dunn

The Jackass’ star totaled his Porsche 911 GT3 after he flew it off the road in Pennsylvania on June 2011. Over-speeding was seen as a major factor for the incident. The same also caused the actor and his passenger’s death.

Rowan Atkinson

Best known as Mr. Bean, Atkinson crashed his McLaren F1 not once, but twice. He first crash occurred in 1999 when he reversed into a Rover, while the second one occurred near Haddon in Cambridgeshire, England on August, 2011. According to reports, he lost control of his car and then struck into a tree and then into a lamppost, which caused it to catch fire.

Jay Kay

The Grammy Award-winner musician wrecked his purple Lamborghini Diablo SE30 after making a difficult turn at a high speed in Park Lane in Central London way back in 2006. Allegedly, a friend who borrowed his car was the one driving when the incident occurred. The car was useless total wreck thereafter. Some wonder if Jay Kay ever felt the lost of that fancy car since it was just one of the many he has in his high-end car collection. In fact, he once claimed that he had around 37 cars.

Nick Hogan

The son of the famous and controversial wrestler, Hulk Hogan, in his estranged wife, Linda, totaled his father’s Toyota Supra in a horrible accident in 2007 at Clearwater, Florida. Reports claimed that he lost control of the car and crashed it into a tree. Unfortunately, his passenger, who was a member of his drifting team’s pit crew, was permanently paralyzed after the incident.

Eddie Griffin

The comedian crashed his rare Ferrari Enzo into a concrete barrier in February 2009 while practicing for a charity race that promoted a then-upcoming film. Fortunately for Griffin, he left the scene unscathed though his sports car was severely damaged.

Lindsay Lohan

The Mean Girls’ star slammed his black Mercedez Benz SLG65 AMG into a minivan after she was swarmed by dozens of paparazzi who were pursuing her right from the clothing store where she shopped way back in 2005. Although it is not Lohan’s only road mishap, it is probably the worst since she badly damaged her car and sustained minor injuries, and was transported to a hospital.

Almost everyday, there is at least one celebrity that gets involved in a road crash. Therefore, the accidents involving the said stars are only a few of the worst celebrity car accidents that are mostly undisclosed to public for some reasons that a Los Angeles personal injury lawyer definitely understand.

Monday, December 17, 2012

Honda Globally Announces another Huge Product Recall

After Honda’s massive product recall last October, the Japanese automaker is again announcing that it will be recalling hundreds of thousands of its vehicles worldwide for roll away risks.

According to recent news reports, Honda announced last Wednesday that it will be recalling more than 871,000 vehicles to fix a defect that could cause the cars to roll away when drivers thought that it has been parked securely.

The recall decision came after the giant automakers received two reports of minor injuries resulting from the defect. Nevertheless, it is not clear whether the victims have filed for product liability claims.

Following the complaints, Honda conducted an investigation which subsequently determined that when the car’s transmission was not shifted to park, its ignition interlock mechanism can be damaged or worn to the point where it is possible to remove the key.

In a statement released by Honda, it thoroughly explained that if the transmission is not in park and the parking brake is not set, the car could roll away and a car crash could occur.

Meanwhile, affected vehicles in the recall include some 347,244 Honda Odyssey, around 276,850 Honda Pilot (2003-2004 model years), and approximately 247,179 Acura MDX (2003-2006 model years). Additionally, 807,000 of the recalled vehicles will be in the United States while the rest will be in Canada.

Honda further claimed that it will send a mail notice to vehicle owners by February and will conduct the repairs free of charge.

Apparently, this is the third time this year that the Japanese automaker had conducted a product recall. It can be remembered that last May, it recalled around 53,000 Acuras with V6 engines with model years between 2003 and 2007. After a few months, Honda made another massive recall which affected roughly 572,000 mid-sized Accords for fire risk.

As by definition of a product liability claim, if a vehicle seatbelt failed to restrain a passenger during an accident due to a defective part and resulted in an injury, the automaker, including the company that designed the defective par, is a possible defendant. Therefore, this is probably what the giant automaker wants to avoid – being in a pool of defendants as a result of negligence, speculated by several personal injury lawyers.

Friday, December 7, 2012

Addiction Counselor Drives for Miles with Dying Man on Windshield

A Southern California driver now faces multiple charges as a result of her drunk driving with a dying man in her car’s windshield.

As reported, 51-year-old addiction counselor, Sherri Wilkins, was driving under the influence of controlled substance when she struck a pedestrian on Torrance Boulevard last November 24.

The pedestrian, who was identified as Phillip Moreno, 31, was knocked out of his shoes and was sent to the car’s windshield due to the strong impact of the collision. Subsequently, instead of stopping her vehicle, Wilkins continued driving for more than two miles with the bloodied, dying man lying on top of her windshield.

Wilkins only came to a stop when a concerned motorist swarmed her car at a traffic light and grabbed her keys. Shortly thereafter, she was arrested while Moreno was transported to a hospital where he was later pronounced dead.

Based on initial investigation, Wilkins was heading home after having a few drinks with friends at a bar near her office while Moreno was then crossing the street on his way home when the accident occurred.

Consequently, Wilkins is now facing charges of vehicular manslaughter and drunk driving after the investigation revealed that her blood alcohol level content was twice the legal limit. Also, police told media sources that they may likely add felony hit-and-run to Wilkins’ list of charges.

Incidentally, court records revealed that Wilkins was convicted for first-degree burglary in 1989 and in the following month, she was likewise convicted for having narcotics while in custody. In 1994, she was again convicted for burglary and was put behind bars for nine years. In 2001, she was further convicted for having a controlled substance while in jail until she was paroled in 2008, according to the California Department of Corrections.

Moreover, some two years later, Wilkins was again arrested for hit-and-run after she knocked a power pole which was then struck by three other cars. Nevertheless, the case was dismissed after she and the other driver reached a settlement agreement, according to a City Attorney, Patrick Sullivan.

Following the incident, Wilkin took to her MySpace account and admitted that she had been heavily using drugs way back in 2009 until she lost all her loved ones and her freedom in 2010. She further affirmed in her social media account that she has been drug free for eleven years. In fact, she already has a degree in drug and alcohol counseling and that she will be having her BA soon.

Apparently, that is some good news that she was over with her drug addiction days. However, it would not exclude her from all her liabilities from the fatal incident, a Los Angeles pedestrian accident lawyer said.

Monday, December 3, 2012

Consumer Alert: Dangerous Toys Announced

Just in time for the upcoming season of gift giving, consumers were alerted by the U.S.-based Public Interest Research Group (PIRG) through an early announcement of unsafe toys for children.

In its statement, the group noted that although the majority of toys can be considered safe, there are still some that are not appropriate for children but are still being displayed in stores’ shelves. The group warned that toys which can impair children’s hearing, have choking hazards, contain toxic chemicals, and/or contain powerful magnets can be fatal for children if swallowed.

On the other hand, a toymaker trade group, The Toy Industry Association, claimed that the said report is off the mark, stressing that most of the enlisted products comply with the nation’s strict safety standards, according to media sources.

Meanwhile, the report doesn’t seem to claim to be a comprehensive list of dangerous toys, since the PIRG only listed a few toys sold in the U.S. market that it believes to be dangerous.

Said list was quoted below as a ready reference:

Noisy toys

•    Fisher-Price’s Dora Guitar which emits more than 85 decibels (dB)
•    Toy State’s CAT Car Wheel/Horn which emits more than 85 dB
•    Maison Joseph Battat Ltd.’s FunKeys Car Keys which emits 80 dB if held to the ear

Choking hazards

•    Z-Windups’ Dragster Cars
•    Cool Novelty Products’ Bowling Game
•    RT Toy’s Factory Ball on a Stick Launcher
•    Wal-Mart Stores Inc.’s Play Food
•    Unique Industry Inc.’s Baby’s 1st Birthday Balloons and Baby’s 2nd Birthday Balloon
•    Aoxing Toys Factory’s Golfing Game

Chemical-filled toys

•    Global Design Concepts Inc.’s Dora backpack contains phthalates
•    GreenBrier International Inc.’s Morphobot contains 180 parts per million (ppm) of lead

Magnet risks
•    GreenBrier International Inc.’s Snake Eggs has shape for easy swallowing

Nevertheless, although the PIRG found significant evidence of dangers in the said products, it doesn’t necessarily mean that there has been any product liability claim brought against its manufacturers, according to a personal injury lawyer in Los Angeles. However, he warned consumers to be mindful of choosing the best gift for children and to always consider their safety when buying toys for them.