Charlotte Injury Lawyers Blog

Trucking Accident Lawyers and Attorneys in Charlotte, NC :: Court Says Texting Trucker Ultimately Responsible for Damage

December 20, 2012 | AS Personal Injury Lawyers

An opinion from the 4th U.S. Circuit Court of Appeals last week revealed that the Court affirmed a summary judgment ruling issued by a lower court that held a trucking dispatching system manufacturer should be dismissed from a personal injury lawsuit. The court held that the company could not be responsible for a crash that was caused by a texting driver.

The case is important because of the facts it presents. In the case, Durkee v. Geologic Solutions, Inc., the plaintiff sued after a truck crash occurred on Route 40 in North Carolina. The driver of the tractor-trailer rear-ended several cars that were in front of him. The accident was powerful and ultimately deadly, resulting in the tragic death of one of the plaintiffs’ infants.

The plaintiffs consulted North Carolina personal injury attorneys and began filing claims against all the usual suspects. Included in this group of defendants was a surprising addition, the company that made a texting system located inside the cab of the truck. The plaintiffs made two arguments to try and hold the company liable. First, they said that the texting system required the driver of the truck to divert his attention from the road to read the text messages coming from the dispatcher. Second, the system was poorly designed in that it allowed the driver to receive text messages while the vehicle was in motion. The plaintiffs said that both of these things contributed to the deadly wreck and make the company liable.

Charlotte, North Carolina Medical Malpractice Lawyers :: North Carolina Medical Malpractice Case Before U.S. Supreme Court

December 18, 2012 | AS Personal Injury Lawyers

The tragic case of one North Carolina family was recently deliberated before the U.S. Supreme Court in an important test of how states will handle medical malpractice cases for Medicaid beneficiaries. The case involves a couple, Sandra and William Armstrong, and their 12-year-old daughter who was left blind, deaf, mute and immobile after a botched delivery by, what the parents said, was a negligent doctor. According to an article in the Charlotte Observer:

The case is known as Delia v. E.M.A. and asks the justices on the High Court to decide how much of $2.8 million medical malpractice settlement the Armstrongs are allowed to keep and how much the states, like North Carolina, can be reimbursed for Medicaid expenses.

The young girl, Emily, was born in 2000 in Hickory, NC. The doctor in charge, Dr. James Barnes, Jr., delivered her by cesarean section which did not go well. The girl suffered serious injuries and was eventually diagnosed with cerebral palsy as a result. The parents sued the doctor, the hospital and others. The lawsuit revealed that the doctor had a history of drug abuse and prescription fraud and had voluntarily surrendered his medical license for a period.

The State of North Carolina said that they spent nearly $2 million caring for Emily through the use of the state’s Medicaid funds. After a verdict in 2006 awarded the family $2.8 million, the state tried to get a large chunk of the money. Currently, state officials have a lien for $933,333.33, or exactly one-third of the total award. They say that state law is clear that the government should be reimbursed from Medicaid beneficiaries who ultimately receive money from medical malpractice lawsuits.

The family is challenging the lien based on a federal law which prohibits state governments from placing liens on Medicaid patients’ property. They argue that the medical malpractice payout is property and thus immune. The state claims that the federal law only applies to the portion of the award for pain and suffering. The problem is that in this case the award was never itemized.

The worry of state officials is that if the Armstrongs prevail, future patients will just make sure that the entire settlement amount is categorized as for pain and suffering to avoid having to give the state any portion of the award.

Wrongful Death Lawyers and Attorneys in Charlotte, Mecklenburg County, North Carolina :: Cleveland County Fair Sued Over E.coli Outbreak

December 13, 2012 | AS Personal Injury Lawyers

The parents of two kids who were sickened by an E.coli outbreak linked to the recent Cleveland County Fair have sued the company that put on the event according to this article. According to court records, the complaint was filed last week in Gaston County on behalf of a 5-year-old girl and an 18-month-old boy. The children, who are not related, along with their parents are listed as plaintiffs.

The suit claims that both children attended the Cleveland County, NC fair on October 4 and both became violently ill only a few days later. Each ended up being diagnosed with E.coli. Both children eventually developed hemolytic uremic syndrome, a life-threatening condition that can lead to kidney failure.

Officials have pinpointed the origin of the E.coli outbreak to the petting zoo located on the fairgrounds. They believe that rainy weather allowed the bacteria to spread away from the animals. The outbreak was not limited to the two children, instead, 106 people became sick, including a 2-year-old from Gastonia who ended up dying as a result.

In their suit, the families claim that the company who operated the fair created an environment that was especially susceptible to an E.coli contamination and either knew or should have know of the risks associated with placing the petting zoo where it did. The suit also says that the operator failed to limit the spread of animal waste which is what led to the 100+ illnesses.

The fair’s director, Calvin Hastings, said earlier that they tried to prevent problems with E.coli by taking steps like adding hand-washing stations and posting signs reminding people to wash their hands. Hastings has also said until a plan has been developed to ensure safety, no more animal exhibits will be allowed at the fair.

Personal Injury Attorneys and Lawyers in Charlotte, Mecklenburg County, North Carolina :: Red States and Blue States Differ on Fatal Traffic Accident Rates

December 11, 2012 | AS Personal Injury Lawyers

Though most of us know about the cultural differences that appear to exist between people in red and blue states, we likely have never heard that there are also differences in fatal traffic accident rates. According to a recent article in the LA Times, red states have significantly higher fatal traffic accident rates than blue states.

Some may try to extract political reasons for the difference, but experts agree that the real reason is one of geography. Most red states have higher speed limits than blue states given the increased amount of open, rural roadways as opposed to dense, urban population centers. Moreover, red states often see drivers having to travel longer distances and go further to find a hospital or emergency services. Blue staters are more likely to use public transportation, further dropping their chance of being killed on the road.

Public transportation usage dramatically reduces the rate of road deaths, so much so that many people have used the data to push for an increase in government money directed towards rail projects. Nearly all of the least fatal states have comprehensive public transportation systems which keep residents from driving much of the time.

The site revealed that the 10 highest death rates, per 100,000 people, occurred in states that voted for Mitt Romney in the recent election. Even more surprising is that fully 17 out of the 18 deadliest traffic accident states voted Republican in 2012. The 10 states with the highest traffic death rates per 100,000 population are: Wyoming, Mississippi, Arkansas, Montana, Alabama, Oklahoma, Kentucky, South Carolina, South Dakota and West Virginia.

Personal Injury Lawyers and Attorneys in Charlotte, NC :: Experts Say Hacking Into Medical Devices Represents Realistic Threat

December 6, 2012 | AS Personal Injury Lawyers

On the most recent episode of the Emmy award-winning drama Homeland, the Vice President of the United States was assassinated by a group of terrorists that hacked into the pacemaker controlling the beat of his heart. The terrorists were able to get their hands on the device’s serial number and then remotely take control of the device, causing it to malfunction and lead to a fatal heart attack.

The plot twist was surprising and left many wondering whether it could ever happen in real life. Shockingly this was not just a Hollywood fabrication but is actually possible due to the serious vulnerabilities of electronic medical implants.

Though such connected medical implants are life saving additions to many people’s lives, there are real risks associated with them. While everyone knows about the dangers that hackers can cause online, almost no one understands the threats that exist when computers are placed inside people.

Though implanted medical devices have been in existence for many years, only in the past decade have they begun to incorporate components that allow for virtual access. This system can be used by doctors to gather important information but comes with very little in the way of security. Lack of battery power means that elaborate security measures are not possible and doing a full “update” requires surgery, not just a click of a button.

Thankfully there have not yet been any reports of death caused by someone hacking into a medical device. However, test hacks have been done and have shown that it is certainly possible. The equipment needed to hack such devices used to cost tens of thousands of dollars; last year one researcher hacked into his insulin pump using materials that cost less than $20. Another security expert demonstrated how with the push of a button he could run a program on his laptop that made any insulin pumps within 300 feet dump their entire contents into a patient’s bloodstream.

Personal Injury Lawyers and Attorneys in Charlotte, North Carolina :: Doctors Worry About Risks From New Superbug With North Carolina Origins

December 4, 2012 | AS Personal Injury Lawyers

A recent article in USA Today discussed a terrifying new superbug with origins here in North Carolina that has caused serious worries across the healthcare industry, leading to deaths in medical facilities large and small across the country. The bug, known as Carbapenem-Resistant Enterobacteriaceae, or CRE, is known for fighting off doctors’ last line of defense, carbapenem antibiotics. The bacteria are causing serious concern among those in the medical industry, especially nursing homes and small hospitals, as it tends to prey on the most vulnerable patients.

The bacteria made news this summer after a CRE strain attacked the National Institutes of Health outside Washington, D.C.; seven people ultimately died as a result. Research shows that since the first case of a CRE infection was reported in a North Carolina hospital back in 2001, there have been thousands of CRE cases throughout the country, showing up as everything from pneumonia to intestinal and urinary tract infections.

The bacteria’s resistance to even the strongest antibiotics has some worried about doctors’ ability to control the illness. Death rates among patients with CRE infections are around 40 percent, much worse than other common healthcare infections such as MRSA or C-Diff, which have been problems for places catering to the sick and elderly for decades.

Since starting in North Carolina, CREs have spread to at least 41 other states, according to the CDC. Many more cases have gone unreported given that it can be difficult to obtain a proper lab test confirming the presence of the bacteria in smaller hospitals and nursing homes. Many small medical facilities lack the capacity to identify CRE or the resources needed to isolate patients carrying the bacteria.
Surprisingly, given how serious the illness can be, there is no billing code for CRE infections under Medicare or Medicaid and there is no federal reporting requirement for the infections. This makes it hard to get a good national picture of the disease and only spotty records from around the country exist. One example is in Los Angeles County where one year of surveillance through mid-2011 turned up 675 cases at hospitals, nursing homes and clinics. In Maryland, a 2011 survey by the state health department identified 269 patients carrying CRE and estimated that up to 80 percent of the state’s hospitals had seen at least one case during the year.

Sadly, for at-risk patients in medical facilities throughout North Carolina there is little chance that a new drug will be developed to kill the CRE bacteria. Manufacturers have said they have no new antibiotics in development that are able to kill the bacteria. Moreover, there’s little financial incentive for drug companies to act given the bacteria’s ability to adapt to new drugs and become resistant to them as well.

Dram Shop Attorneys and Lawyers in Charlotte, NC :: North Carolina Dram Shop Laws Receive Attention After Tragic Accident

November 29, 2012 | AS Personal Injury Lawyers

A heartbreaking drunk driving crash in Charlotte, NC that severely injured a young couple and killed their unborn child and the drunk driver shed light a law that is meant to prevent bars and restaurants from serving alcohol to already intoxicated customers.

The innocent North Carolina couple was driving home in October of 2010 when police say a drunk driver with a blood alcohol level more than three times the legal limit crashed into them going more than 100 miles per hour. The drunk driver had just left a bar in south Charlotte where he had been served at least 10 drinks.

The couple spent more than a month in the hospital and the wife lost the baby and more than 40% of her own blood. Extensive surgery was required for both the husband and wife in addition to many months of rehabilitation after the accident.

Earlier this month a jury in Charlotte returned a $1.7 million verdict against the bar, finding that the restaurant was negligent in serving alcohol to a person it should have known was drunk. Though the bar has not been found criminally liable, saying an investigation by the Mecklenburg County Alcoholic Beverage Control Board found that the bar had not served alcohol to the drunk driver after he was “visibly intoxicated,” the civil standard is less stringent.

The innocent couple sued the bar under North Carolina’s law that makes establishments that serve alcohol to obviously drunk or underage customers who then cause death or injury to others liable. The laws, known as dram shop laws, are on the books in all but seven states. Some have criticized the North Carolina law for being vague; not specifying exactly what owners of such establishments should do to ensure they are not liable for the actions of their patrons.

Wrongful Death Attorneys and Lawyers in Charlotte, North Carolina :: Young Woman in North Carolina Dead After Terrible Car Crash

November 27, 2012 | AS Personal Injury Lawyers

A North Carolina two-vehicle crash that led to the death of a young mother has resulted in charges for the other driver according to the North Carolina Highway Patrol. The man was charged with misdemeanor death by a motor vehicle and failure to stop at a stop sign.

The accident happened when the other driver’s Chevy truck crashed into the Ford truck driven by the young mother at the intersection of Northam Road and Snead Road in Rockingham, NC.

The young mother was driving a friend and her three children when the wrecked occurred. The friend suffered neck injuries and two of the children had to be treated at the Carolinas Medical Center for injuries they sustained in the accident. The young mother was ejected from the Ford after being hit on the driver’s side. The other driver only had minor cuts and bruises.

The charges leveled against the other driver carry a maximum penalty of 150 days in jail given that there are no indications at this point that drugs or alcohol were involved in the collision.

This crash demonstrates just how dangerous something so small as running a stop sign can be. Other drivers do not stand a chance when a fast moving object slams into them. The man responsible for the terrible crash has been charged with several crimes and also faces the possibility of additional civil suits as a result of the accident.

Nursing Home Negligence Lawyers in Charlotte, NC :: North Carolina Nursing Home Rating System Under Fire

November 22, 2012 | AS Personal Injury Lawyers

The ABC11 I-Team recently revealed a series of problems with the existing nursing home rating system in North Carolina.

The federal government ranks nursing homes on a system ranging from 1-star for the worst to 5-star for the best such facilities. The news station report revealed that almost half of the homes in North Carolina’s biggest counties are providing subpar service to their needy North Carolina residents.

This low ranking means that almost half the facilities in such populated parts of the state are unsanitary and could even place patients’ health at risk. The report discovered serious violations including failure to report abuse, failure to properly secure residents during transport and even one facility that had room temperatures between 40 and 50 degrees which resulted in one resident dying from hypothermia.

However, even the best facilities can still have serious problems. One woman told reporters that she’s angry after her mother’s death at the Kindred Transitional Care Rehabilitation, one of the top-rated nursing homes in Raleigh, NC. She claims that the staff at the home neglected her mother and never provided the care she needed.

An investigation showed that while the nursing home may have had a 4-star rating, the simplistic system failed to reveal serious past problems at the facility. Just two years ago the state fined the home more than $200,000 for putting residents in “immediate jeopardy to health and safety”. In 2009, another investigation by the state turned up a series of violations that the home then had to take action to correct.

Yet despite the importance of some of the information, the Medicare website where such rankings are found, www.medicare.gov, contained none of it. The Centers for Medicare and Medicaid responded to this news by saying that recent changes to the site should help to improve the depth of information available for concerned patients and their families. Though that’s great news, it doesn’t help the families who already placed loved ones in homes while relying on faulty ratings.

Even now, many patients’ rights advocates complain that the Medicare website lags in providing accurate information for caregivers. Given high staff turnover at such facilities, nursing homes can deteriorate quickly and it can take time for resulting problems to appear on the rating website.

Personal Injury Lawyers in Charlotte, NC :: New Research Reveals Dangers of Yaz/Yasmin Birth Control

November 20, 2012 | AS Personal Injury Lawyers

It sounds like it’s been a week of bad news for the maker of the birth control drugs Yasmin and Yaz as Bayer AG announced in its most recent financial report that it had agreed to pay a combined $750 million thus far to settle thousands of claims regarding its birth control drugs causing blood clots.

Adding insult to injury, a new study has found increased risk of blood clots with the use of birth control pills such as Yaz and Yasmin. According to the most recent study published in the journal Contraception, women who take oral contraceptives containing the synthetic hormone drospirenone are more likely to suffer from potentially fatal blood-clotting complications compared to those who were taking another type birth control.

Researchers at the Kaiser Permanente Northern California Division of Research gathered data on 573,680 women between the ages of 10 and 55 between 2001 and 2007. The study looked at women who were new users of combined hormonal contraceptives (CHCs), and compared the rate of blood clot related events among women who did or did not take contraceptives containing drospirenone. Overall, the study found that women who took birth control pills containing drospirenone were 77% more likely to experience blood clot related conditions such as deep vein thrombosis and pulmonary embolism.

Deep vein thrombosis is when a blood clot becomes lodged in the veins of the leg; this can lead to a pulmonary embolism when part of the clot breaks away and travels to blood vessels in the lungs. The study also found that women who take birth control pills containing drospirenone had double the risk of suffering a blockage in their arteries.

According to the Wall Street Journal, the latest financial report from Bayer indicates the company has put aside an additional $262.5 million to settle Yaz and Yasmin lawsuits over blood clots. This follows a Bloomberg report over the summer that found that Bayer had reserved $610 million to settle cases, leading to an average of nearly $212,000 per case.