Legal News Archive June 2018 Image

Legal News Archive: June 2018

Trucking Companies May Be Liable for Behavior of Drivers

June 29, 2018 | Finz & Finz, P.C.

When a truck accident occurs due to unsafe behavior by a trucker, filing a lawsuit against the truck driver for their actions is commonplace.  What not all accident victims realize is that, in certain situations, the company the driver works for might also be liable.  A recent decision by the Wyoming Supreme Court underscores this possibility.

Continue Reading: Trucking Companies May Be Liable for Behavior of Drivers

Additional Info: Truck Accidents

Wrongful Death When Incarcerated

June 28, 2018 | Finz & Finz, P.C.

When a person is incarcerated, the State or prison takes responsibility for some aspects of the prisoner’s well-being.  Though prison accidents are not always preventable, and medical care in prison is not always a guarantee of ongoing good health, the courts recognize that there are certain expectations of care in these situations.  When the State or prison fails to meet these expectations, they may be held liable.

Continue Reading: Wrongful Death When Incarcerated

Additional Info: Wrongful Death

Lawnmowers Pose Significant Risks to Children

June 27, 2018 | Finz & Finz, P.C.

An incident in Memphis, Michigan is drawing attention to the danger posed by riding lawnmowers.  A two year old boy lost a leg and foot on June 9th, 2018, after falling off a lawnmower being piloted by his grandfather.  The child fell under the whirring blade of the machine, and was rushed to the hospital.  Though the toddler survived, the impact of the injuries will clearly affect him for the rest of his life.

Continue Reading: Lawnmowers Pose Significant Risks to Children

Additional Info: Lawnmower Accidents

Derailed Rollercoaster Previously Cited

June 26, 2018 | Finz & Finz, P.C.

A Daytona Beach, Florida rollercoaster that derailed on June 14th, 2018 had been previously taken out of service due to improper maintenance.  State inspectors noted rust and corrosion and a crack in the track approximately a month before the incident that left nine people hospitalized.  The rollercoaster was reopened after management addressed the issues as written.

Continue Reading: Derailed Rollercoaster Previously Cited

Additional Info: Amusement Park Accidents

Birth Defect Clusters

June 25, 2018 | Finz & Finz, P.C.

A cluster of birth defects in the Corpus Christi, Texas area has researchers and state officials struggling to find an answer.  The increased incidence of birth defects has been verified in records going back to 1997.  Now that the problem is being fully recognized, public health officials can begin to search for a solution.

Continue Reading: Birth Defect Clusters

Additional Info: Birth Defects

100 Deadliest Days

June 22, 2018 | Finz & Finz, P.C.

With school out nearly everywhere for summer break, the country has fully entered the 100 deadliest days for teen drivers and passengers.  In the hundred days that stretch between Memorial Day and Labor Day, teens are injured and killed at a rate double that of others months.  Of the ten deadliest days for teenagers in automobiles, nine fall in the summer.

Continue Reading: 100 Deadliest Days

Additional Info: Car Accidents

Liability Can Be Complicated

June 20, 2018 | Finz & Finz, P.C.

A St. Louis jury awarded former NFL running back Reggie Bush 12.5 million dollars due to an injury he suffered just off the field in 2015.  Bush was a running back for the San Francisco 49ers when the injury occurred in the Edward Jones Dome in St. Louis.  The injury occurred when Bush was forced from the playing area during a punt return and fell awkwardly on a concrete ring surrounding the field.  The ring had already been implicated in dozens of other injuries over the years.

Continue Reading: Liability Can Be Complicated

Additional Info: Premises Liability

The Headline Says It All Regarding Dog Bites

June 19, 2018 | Finz & Finz, P.C.

A February 5, 2018 story by Lauren Coronado of KESQ in California carries the headline “Child bitten by a possible service dog at Palm Desert grocery store.”  Though there are many interesting details in the story, the headline conveys the most important piece of information, which is that all too often there is little way to discern whether a dog is a genuine service animal or is just a pet being passed off as one.

Continue Reading: The Headline Says It All Regarding Dog Bites

Additional Info: Dog Bites

Attention to Detail Can Minimize Risk of Wernicke Encephalopathy

June 18, 2018 | Finz & Finz, P.C.

Wernicke’s encephalopathy is a preventable condition caused by depletion of Thiamine.  Thiamine depletion is associated with a variety of risk factors, including abuse of alcohol, certain cancers, AIDS and other infections, and gastric surgeries.  Because early treatment is important, hospital guidelines indicate vitamin supplementation for certain patients regardless of whether symptoms have appeared.

Continue Reading: Attention to Detail Can Minimize Risk of Wernicke Encephalopathy

Additional Info: Wernicke's Encephalopathy

FDA Urges Careful Evaluation of Gastric Balloons

June 15, 2018 | Finz & Finz, P.C.

Intragastric balloons were designed to be a less dangerous alternative to existing medical weight loss procedures.  “Lap bands,” gastric bypasses, and other existing options had a high incidence of side effects, and were even linked to a number of deaths from perforated stomachs.  Due to being noninvasive, the hope was that gastric balloons would not carry the same risk profile as these previous treatments.

Continue Reading: FDA Urges Careful Evaluation of Gastric Balloons

Additional Info: Gastric Bypass

Chemotherapy Overprescribed for Breast Cancer Patients

June 14, 2018 | Finz & Finz, P.C.

First the good news.  Recently released research indicates that 70 percent of women prescribed chemotherapy under previous guidelines do not require the dangerous and potentially deadly treatment.  By utilizing blood tests and biomarkers, doctors are able to predict the risk of recurrence, and will no longer recommend chemotherapy for women who are unlikely to relapse.

Continue Reading: Chemotherapy Overprescribed for Breast Cancer Patients

Additional Info: Breast Cancer

Slippery Stairs Pose Significant Fall Risk

June 08, 2018 | Finz & Finz, P.C.

There are a variety of factors that can influence the prevalence of falls on stairways, but one of the most common causes of these accidents is stairs that have become slippery.  Slippery surfaces are always dangerous, but stairs pose particular risks as the limited surface area provides less opportunity for a person to regain their balance without falling.  And falls down stairs are more likely to result in significant injury than other slip and fall scenarios.

Continue Reading: Slippery Stairs Pose Significant Fall Risk

Additional Info: Slip & Fall Accidents

A Closed Case with OSHA

June 07, 2018 | Finz & Finz, P.C.

OSHA (the Occupational Safety and Health Administration) is charged with conducting investigations of certain workplace accidents, particularly fatal accidents.  OSHA is also in charge of developing and enforcing workplace safety rules to ensure fatal accidents are much less common than they were one hundred years ago.  Oftentimes, OSHA is the working man’s best defense against being forced to put his health at risk for his job.

Continue Reading: A Closed Case with OSHA

Additional Info: Workplace Accidents

Flooding Poses Long-Term Mold Risk

June 02, 2018 | Finz & Finz, P.C.

Areas of the East Coast have received record amounts of rain, and with record rains often comes flooding.  Portions of one town in Maryland were rendered uninhabitable by a major flash flood that knocked out power and flooded buildings nearly to their ceilings.  Thousands of emergency calls were placed by residents of Elliott City and rescue personnel saved dozens of lives.

Continue Reading: Flooding Poses Long-Term Mold Risk

Additional Info: Mold Respiratory Illness

England Addresses Fetal Risk of Sodium Valproate - Depakote

June 01, 2018 | Finz & Finz, P.C.

Sodium Valproate (available under the brand name Depakote in the United States) is commonly prescribed for the management of seizures, depression, and other mental health issues, including Bipolar disorder.  The drug has been available for decades, and is available in a generic form as well.

Continue Reading: England Addresses Fetal Risk of Sodium Valproate - Depakote

Additional Info: Depakote

ATV Accidents an Ongoing Problem

June 01, 2018 | Finz & Finz, P.C.

ATVs (or All Terrain Vehicles) are 4-wheeled vehicles designed to be ridden in a variety of environments, including through forest trails and on sand dunes.  Popularly known as quads, ATVs are popular for outdoor recreation, and enthusiasts might perform tricks or jumps on them.  A license is not required to ride these vehicles in many jurisdictions, and some parts of the country do not even have minimum age requirements.

Continue Reading: ATV Accidents an Ongoing Problem

Additional Info: ATV Accidents

Recognized Leadership