Multiple Deaths in Amtrak Train Derailment Accident in Washington

Authorities say it could take more than a year to understand how the inaugural run of the train carrying 85 passengers and crew members ended in disaster along a new 15-mile (24-kilometer) bypass route. Friends Jim Hamre, 61, and Zack Willhoite, 35, died of brain and skull injuries. Benjamin Gran, 40, died of multiple traumatic injuries. Whimpering in pain, bleeding from head injuries and dazed by the enormity of the crash, victims in the Amtrak train derailment south of Seattle begged 911 dispatchers for help and said "tons of people" had been hurt. Dozens of emergency recordings released Wednesday by South Sound 911 Dispatch provided a vivid account of what happened during the deadly Dec. 18 crash. "My abdomen hurts really bad. I don't feel good," said a crying woman identified as Angela who was bleeding from her head and wailed in panic each time she couldn't find an answer to a dispatcher's questions. "I don't know how old I am off the top of my head. I'm sorry!" A passenger train on a newly opened Amtrak route jumped the tracks on an overpass south of Tacoma on Monday, slamming rail cars into a busy highway, killing at least three people and injuring about 100 others, officials said. The derailment of Amtrak Train No. 501, making the inaugural run of a new service from Seattle to Portland, dropped a 132-ton locomotive in the southbound lanes of the Northwest’s busiest travel corridor, Interstate 5. Two passenger coaches also fell partly in the traffic lanes, and two other coaches were left dangling off the bridge, one of them wedged against a tractor-trailer. On the highway below lay five crumpled cars, two semi trucks and huge chunks of concrete that were ripped away from the damaged overpass. All 12 of the train’s coaches and one of its two engines derailed. The National Transportation Safety Board said at a Monday night briefing that the train had been traveling more than twice the speed limit before it derailed, or at 80 miles per hour instead of the allowable 30 m.p.h. Don Anderson, mayor of Lakewood, about 11 miles northeast of the crash site, said shortly after the wreck that the tragedy "could've been avoided if better choices had been made" about using the route for upgraded passenger service. "Our community was skeptical of the project both from a financial and safety standpoint, primarily a safety standpoint," Anderson said The mayor of a city along a new route taken by the Amtrak train that derailed in Washington state had expressed concerns about the line as long ago as 2013, court records show.

WASHINGTON LOOKING TO DO AWAY WITH YOUR RIGHT TO A JURY TRIAL

Dear friends,

PLEASE READ & SHARE...VERY IMPORTANT!

As most of you know, I am a Personal Injury Attorney and have been representing people like you, me and our family and friends against insurance companies and big business for over 25 years. When insurance companies refuse to fairly compensate people for the way their lives have been changed, we have always been able to present their case to a jury for them to decide what is fair and just.

However, there is a big push in Washington under the new administration to do away with your right to a jury trial, to cap your pain, suffering and loss of quality/enjoyment of life at $250,000.00 regardless of how seriously you were injured or how severely your life has changed due to someone else's carelessness. There is a Bill pending in Congress at this very minute which will severely limit our rights and limit access to our court system when we are injured. This is the gateway to mandatory arbitration anytime you are harmed, and that system tremendously favors insurance companies and big business.

There is no basis in fact for anything they are attempting to accomplish. In states where they have imposed caps on medical malpractice recoveries insurance premiums have actually increased for doctors.

The reality is this Bill will only serve to line the pockets of big business and insurance companies. Our right to a jury trial is under attack, and the name they use for this type of law is "Tort Reform". They call it this because people think that it is will be good for them and save them money from crazy juries...that is complete nonsense. Do not be fooled, these changes will only hurt those of us who become injured and will not reduce any our insurance rates. Just so you know, almost all large jury verdicts are reduced by the Trial court and then even further reduced by the Appellate Courts. Even many not so large verdicts are reduced. You only hear about the occasional crazy verdict in the news, never about the reductions and what the person actually recovers...it is MUCH different.

These Bills are being written behind closed doors because they want to try to pass them before people like us realize what has been taken away.

Below please find the link for you to instantly send a letter to your respective representatives and senators to oppose the assault on our civil justice system. This will take you less than one minute.

PLEASE SHARE WITH EVERYONE!

Thanks so much,

Mark Freeley

Manager Partner, Buttafuoco & Associates

SIGN THE LETTER BELOW:

http://cqrcengage.com/aaj/app/onestep-write-a-letter?0&engagementId=304253  

Are Medical Malpractice Lawsuits Driving Up Health Care Costs?

Defensive Medicine: Myth or fact?

You’ve probably heard it stated as fact: the risk of crazy lawsuits is forcing doctors to practice defensive medicine, raising the cost of health care. This idea gets spread around a lot, especially during election season or when “tort” reform” is on the agenda. But is it true?

According to a new study published in The New England Journal of Medicine, the idea that defensive medicine leads to higher health care costs is not true. The study looked at data from 1997-2011 in three states that passed tort reform legislation and found that the laws did not reduce doctors’ testing behaviors and that:

“… physicians are less motivated by legal risk than they believe themselves to be. Although a practice culture of abundant caution clearly exists, it seems likely that an aversion to legal risk exists in parallel with a more general risk aversion and with other behavioral, cultural, and economic motivations that might affect decision making. When legal risk decreases, the ‘path of least resistance ‘ may still favor resource- intensive care. Our results suggest that malpractice reform may have less effect on costs than has been projected. “

Tort reform, or malpractice reform, succeeds in limiting patients’ rights, but does not seem to limit care costs.

That makes defensive medicine a myth.

How to PREVENT Sports Injuries

For many high school students, fall not only means a return to class, but a return to the field. Whether it’s for the school team or an intramural league; whether football, cheerleading, soccer, field hockey or any other sport; knowing how to minimize the chance of injury is vitally important. You know what they say about an ounce of prevention right?

In the weeks before classes start, many athletes are already taking to the practice field. Two-a- days are tough for any athlete; for teenagers they can be dangerous. The number one way to stay safe on a hot August afternoon is to stay hydrated. Athletes should make sure to drink plenty of fluids (without caffeine!) and watch for warning signs of heat-related problems, such as dark- colored urine, fatigue, dizziness, headaches, nausea, cramps, excessive sweating or a cessation of sweating. If one experiences any of these symptoms, they should immediately take the break to cool down and rehydrate.

A general way to lessen the chances of athletic injury is to have a warm- up and cool down routine. Coaches should work with athletes to develop such routines. Coaches should also be encouraging athletes to train during the offseason. Showing up in shape will benefit in many ways, including making injuries less likely.

Properly fitting pads and helmets are another key to injury prevention. Make sure to have any protective equipment fitted at purchase. If you suspect an improper fit, ask the coach to take a look. While no helmet or pad can completely protect against injury, a proper fit will minimize the risk of serious injuries like concussions.

RECALL ALERT: Graco Strollers Amputating Baby Fingers

Graco Strollers and Travel Systems

Model names: Aspen, Breeze, Capri, Cirrus, Glider, Kite, Literider, Sierra, Solara, Sterling, and TravelMate

For listing of Model Numbers, see www.gracobaby.com
The stroller’s folding hinge poses a laceration or amputation hazard.  Child Injury.  Causes serious injury to children.

Contact Graco immediately for a free repair kit.
Repair kits will be available at the beginning of December 2014.
Until you receive a free repair kit:

• Exercise extreme care when unfolding the stroller
• Ensure hinges are firmly locked before placing a child in the stroller
• Immediately remove the child if the stroller begins to fold to keep fingers away from the side hinge area

For more information contact Graco at: 1 (800) 345-4109 or visit www.gracobaby.com

RECALL ALERT: Gree Dehumidifiers Recalled Due To Fire Hazard (165 reported incidents)

Dehumidifiers made by Gree Electric Appliances of China have been recalled due to serious fire and burn hazards. The recalled models are sold under the brand names Danby, De’Longhi, Fedders, Fellini, Frigidaire, Gree, Kenmore, Norpole, Premiere, Seabreeze, SoleusAir and SuperClima.

The dehumidifiers can overheat, smoke, and catch fire. There have been 165 reported incidents, including 46 fires, causing $2.15 million in property damage.

Proving Fault In Slip-And-Fall Cases: What is Reasonable?

To prove fault, the injured party must prove that the property owner/possessor did not act reasonably.  To do this, we suggest asking questions like:

• How long did the dangerous condition exist?
• Did the person responsible for the property regularly inspect or clean the property?
• Was there a precaution that could have been taken to eliminate the dangerous condition?

It is also important to make sure the injured party acted reasonably.  If the injured party was somewhere they shouldn't have been, was acting in an unsafe manner, or ignored warning signs, it is unlikely that they will have a winning case.

If you or a loved one was injured in a slip-and-fall accident, call us at 1-800-669-4878 so that we can review the situation and help advise you on a course of action.

How To Prove Fault In A Slip And Fall Accident/Case

Every slip and fall case is different, but in each one fault must be determined.  It is generally the responsibility of the injured party to prove that the accident was caused by a dangerous condition or negligence.

HOW TO PROVE FAULT

Proving fault in a slip and fall case can be difficult.  First, it must be shown that the injured party did everything that a "reasonable" person would have done to be safe.  We are all responsible for being aware of our surroundings and doing our best to avoid dangerous conditions.  Second, it must be shown that the property owner/possessor did one of the following:

• Knew about a dangerous condition on the property and did not fix it
• Caused a dangerous condition and did not fix it
• Should have known about a dangerous condition because another "reasonable" person in their position would have known about it.

Two Teenagers Dead After Long Island Car Accident

 Two Long Island teenagers were killed when their car lost control and struck a tree early Wednesday morning, police said.

The accident happened around 1:15 a.m. Wednesday in Roslyn Heights.

Steven Clancy, 19, was driving a 2004 Volkswagen Jetta northbound on Roslyn Road near Locust Lane when he struck a curb and then a tree in the back yard of an Oak Lane home, Nassau County homicide detectives said.

Clancy and his passenger, Javier Gonzalez, also 19, were pronounced dead. Both men were from Mineola.

Police said the investigation is ongoing.

Baby Thrown From 2nd Floor Apartment Windown Survives

A 58-year-old woman, Arlene Pickett, was killed in an apartment fire in Ambridge over the weekend.  She was attempting to get out of the burning building and was found in a stairwell.

Neighbors said they saw smoke pouring out of the windows and could hear people screaming from inside.
 “It was amazing, little kids crying for their mother. It was terrible, terrible. The flames were coming straight out like a furnace,” witness Mike Vougias said.

People living nearby said they piled up mattresses so those trapped could jump to safety. A baby was also thrown out the window and was safely caught by a man standing by.

“We grabbed the mattresses and piled them up below the window and they jumped out one-by-one and tossed the baby down,” neighbor Siera Mixter said.

 “The mother finally jumped out first. The dad threw the baby out. There was a gentleman that caught the baby,” witness A.J. Mixter said.

“I caught the baby. I just put my arms out and he fell into my arms,” Bob Dunn said.

RECALL ALERT: Perrigo Recalls Acetaminophen Infant Liquid Due to Syringe Error

PERRIGO INITIATES NATIONWIDE VOLUNTARY PRODUCT RECALL OF ACETAMINOPHEN INFANT SUSPENSION LIQUID, 160 mg/5 mL, DUE TO A POTENTIAL DEFECT WITH THE CO-PACKAGED ORAL SYRINGE

The Perrigo Company (NYSE: PRGO; TASE) announced today that it has initiated a voluntary, nationwide product recall to the retail level of 18 batches of its acetaminophen infant suspension liquid, 160 mg/5 mL, sold in 2 oz. and 4 oz. bottles with syringes in a box under the store brand products listed below. The recall is being initiated because of the remote potential that a small number of packages might contain an oral dosing syringe without dose markings. The correct syringe should have a white or yellow plunger with specific dose markings for 1.25 ml, 2.5 mL, 3.75 mL, and 5 ml. If the product's syringe has these dose markings, consumers can continue to use the product while following labeled use instructions.

Using an oral syringe without dose markings can result in inaccurate dosing, especially in infants who could mistakenly get too high a dose.

     Commenting on this market action, Perrigo's Chairman, President and CEO Joseph C. Papa stated, "There are no issues or concerns with respect to the safety or efficacy of the product, only the potential that the oral dosing device in a relatively small number of packages could be unmarked. Out of an abundance of caution, we are taking this measure to maintain the highest possible product quality standards for our retail customers and consumers. While we cannot be certain that any of these unmarked dosing devices were released into our customers' supply chains, taking this action is the right thing to do." Perrigo has not received any reports or complaints related to this defect nor have they found any product with missing dose markings on re-examination of product on hand.

     This OTC product is indicated for the relief of fever and minor aches and pains and can be used in infants, children and adults. These recalled products are sold by distributors Nationwide and distributed through retail stores.

     Perrigo is notifying its distributors and customers by verbal and e-mail communication today, followed by formal Fed Ex-delivered communication. It also is arranging for return of all recalled products. Distributors/retailers that have the acetaminophen infant suspension liquid that is being recalled should stop distribution and return product.

     If the oral dosing device contained in the package has dose markings, no action is required, and the consumer can continue to use the product consistent with the label instructions. If the package contains an oral dosing device that does not have dose markings, the consumer should not use the product and should call Perrigo's Consumer Affairs Department, toll free, 1-800-719-9260. Consumers should contact their physician or health care provider if they have any questions, or if they or their children experience any problem that could possibly be related to this drug product.


If you or someone you know has been injured due to a defect product call the experienced product liability attorneys at Buttafuoco & Associates 1-800-669-4878

Fair Worker In Critical Condition After Ride Collapses

A North Carolina State Fair worker who was disassembling a ride was taken to the hospital after suffering a severe leg injury. 

Brian Long, a spokesman for the state Department of Agriculture, said Anesto Newell, 32, was injured about 3:30 a.m. as he was taking apart a ride called the Vortex. The ride is not the same one – also called the Vortex – that was idled last week after five people were hurt.
 Family members who were also working nearby said he suffered a broken back, pelvis and leg when a piece of the ride fell on him.

"All I saw was this yellow hoodie laying on the ground and I said, 'Oh no, that's my brother,'" said Tywan Newell. "When I got there, the ride was on top of his body."


Anesto Newell was taken to WakeMed where he had surgery and was in critical condition in intensive care.

Fair/Festivals have proven to be an unsafe environment in recent years with a number of injuries and even fatalities reported due to faulty rides and defective equipment.  

9-year-old boy orphaned in crash that kills entire family

A 9-year-old boy is recovering after his entire immediate family, including his pregnant mother, was killed in a car crash in California.

Relatives confirmed that 11-year-old Irving Miranda, 5-year-old Jose Miranda, 4-year-old Stephanie Miranda, 30-year-old Luis Miranda and 31-year-old Vivian Rodriguez all died in the collision at Ham Lane and Vine Street near Lodi Memorial Hospital.

A driver who witnesses have said might be responsible for the crash was in surgery, police said.

"All I saw was him flying down Ham Lane, flying around a car in the wrong lane and (he) was on the phone, and I told my parents when I got to their house, there will be a major accident before he reaches Kettleman Lane," Andrews said. "He was at least 100 miles per hour."

Westley Ruyle also was in the area and spotted the same vehicle just before the crash.
"The next thing we know, this gray Tahoe went flying by us at a high rate of speed, possibly close to 100 miles per hour -- maybe more," Ruyle said. "He almost hit a few vehicles on his travels. Before I got to Tokay, next thing I know, I see a huge dust cloud."

Memphis Worker Falls 11 Stories to His Death

A Memphis worker who fell nearly 11 stories died as a result of his injuries.

The man was rushed to The MED in critical condition Tuesday after falling from the top of Poplar Towers onto an SUV in the parking lot.

"It's weird that it would happen where you work that's for sure. It's been all the water cooler talk around here today," said Matthew Mars, who works in the building.

The people who work in the East Memphis building are still reeling after police say a man fell 11 stories from the roof landing on a car parked in the back of the building in a space reserved for employees of Carty and Company.

Police are releasing little information including exactly what happened and why the man was on the roof.
Samantha Gadlen saw the man just after he fell. She said he was dressed in a button down shirt and khaki pants.

"I saw him. I saw his clothing. He had on black shoes, and he had a bandana around his face," she said.
People who work in this building just want to know what happened.

"Everybody is at a loss for words. There's rumors, [but] nobody knows what's going on," said Mars.
Memphis police have not released the identity of the man who fell from Poplar Towers.
Investigators have also not said at this point what caused the fall.

Birth Control Lawsuit could cost Bayer AG $2.75 Billion

Over the past five months Bayer AG, the makers of the birth control pills Yasmin, Yaz or Ocella, have settled about 651 U.S. lawsuites for $142 Million.  With an average of $218,000 per case Bayer AG could stand to lose over $2.75 Billion in settlements.  Don't feel bad for Bayer AG...that translates to only two years in profits.

The lawsuits against the makers of Yasmin, Yaz, Ocella allege that Bayer AG knew of the dangers associated with the drugs but marketed them as safe anyway.

If you have suffered blood clots or gall bladder injuries you NEED to contact a experienced attorney right away.  Bayer is doing a rolling settlement with law firms representing these clients.  However, the litigation will eventually stop leaving some injured patients without proper compensation.

Our law firm is representing clients who have suffered injury as a result of Yasmin, Yaz, or Ocella birth control pills. Call today to speak with one of our attorneys.  1-800-669-4878.

How can drowning be prevented?

The U।S. Centers for Disease Control and Prevention (CDC) offers the following tips for helping protect those you love from injury or death in the water.

To help prevent water-related injuries:

• Supervision when in or around the Water. Designate a responsible adult to watch young children while in the bath and all children swimming or playing in or around water. Supervisors of preschool children should provide “touch supervision”, be close enough to reach the child at all times. Adults should not be involved in any other distracting activity (such as reading, playing cards, talking on the phone, or mowing the lawn) while supervising children.
• Buddy System. Always swim with a buddy. Select swimming sites that have lifeguards whenever possible.
• Seizure Disorder Safety. If you or a family member has a seizure disorder, provide one-on-one supervision around water, including swimming pools. Consider taking showers rather than using a bath tub for bathing.
• Learn to Swim. Formal swimming lessons can protect young children from drowning. However, even when children have had formal swimming lessons, constant, careful supervision when children are in the water, and barriers, such as pool fencing, to prevent unsupervised access are necessary.
• Learn Cardiopulmonary Resuscitation (CPR). In the time it might take for paramedics to arrive, your CPR skills could make a difference in someone’s life.
• Do Not Use Air-Filled or Foam Toys. Do not use air-filled or foam toys, such as "water wings", "noodles", or inner-tubes, in place of life jackets (personal flotation devices). These toys are not designed to keep swimmers safe.
• Avoid Alcohol. Avoid drinking alcohol before or during swimming, boating, or water skiing. Do not drink alcohol while supervising children.

If you have a swimming pool at home:

• Four-Sided Fencing. Install a four-sided pool fence that completely separates the house and play area of the yard from the pool area. The fence should be at least 4 feet high. Use self-closing and self-latching gates that open outward with latches that are out of reach of children. Also, consider additional barriers such as automatic door locks or alarms to prevent access or notify you if someone enters the pool area.
• Clear the Pool and Deck of Toys. Remove floats, balls and other toys from the pool and surrounding area immediately after use so children are not tempted to enter the pool area unsupervised.

If you are in or around natural bodies of water:

• Know the local weather conditions and forecast before swimming or boating. Strong winds and thunderstorms with lightning strikes are dangerous.
• Use U.S. Coast Guard approved life jackets when boating, regardless of distance to be traveled, size of boat, or swimming ability of boaters.
• Know the meaning of and obey warnings represented by colored beach flags which may vary from one beach to another.
• Watch for dangerous waves and signs of rip currents (e.g., water that is discolored and choppy, foamy, or filled with debris and moving in a channel away from shore). If you are caught in a rip current, swim parallel to shore; once free of the current, swim toward shore.

At Buttafuoco & Associates, our well-trained New York drowning injury attorneys have helped many families seek compensation after an accident, defective product, or other case of negligence caused injury. To discuss your drowning or water-related accident with us, call our office today at 1-(800)-Now-Hurt for a free and confidential consultation.

Warm Weather Means Water Fun - Increase Risk of Drowning

Every day, about ten people die from unintentional drowning. Of these, two are children aged 14 or younger. Drowning is the sixth leading cause of unintentional injury death for people of all ages, and the second leading cause of death for children ages 1 to 14 years।

The U.S. Centers for Disease Control and Prevention (CDC) offers the following information about drowning risks.

What factors influence drowning risk?

• Lack of Supervision and Barriers. Supervision by a lifeguard or designated water-watcher is important to protect young children when they are in the water, whether a pool or bathtub. But when children are not supposed to be in the water, supervision alone isn’t enough to keep them safe.

• Barriers such as pool fencing should be used to help prevent young children from gaining access to the pool area without caregivers’ awareness.5 There is an 83% reduction in the risk of childhood drowning with a four-sided isolation pool fence, compared to three-sided property-line fencing।
  
  
• Among children ages 1 to 4 years, most drownings occur in residential swimming pools. Most young children who drowned in pools were last seen in the home, had been out of sight less than five minutes, and were in the care of one or both parents at the time.

• Natual Water Settings (such as lakes, rivers, or the ocean). The percent of drownings in natural water settings increases with age। When a location was known, 65% of drownings among those 15 years and older occurred in natural water settings.
  
  
• Lack of Life Jacket Use in Recreational Boating. In 2009, the U.S. Coast Guard received reports for 4,730 boating incidents; 3,358 boaters were reported injured, and 736 died. Among those who drowned, 9 out of 10 were not wearing life jackets.9 Most boating fatalities that occurred during 2008 (72%) were caused by drowning with 90% of victims not wearing life jackets; the remainder were due to trauma, hypothermia, carbon monoxide poisoning, or other causes।
  
  
• Alcohol Use. Alcohol use is involved in up to half of adolescent and adult deaths associated with water recreation and about one in five reported boating fatalities. Alcohol influences balance, coordination, and judgment, and its effects are heightened by sun exposure and heat।
  
  
• Seizure Disorders. For persons with seizure disorders, drowning is the most common cause of unintentional injury death, with the bathtub as the site of highest drowning risk।

At Buttafuoco & Associates, our well-trained New York drowning injury attorneys have helped many families seek compensation after an accident, defective product, or other case of negligence caused injury. To discuss your drowning or water-related accident with us, call our office today at 1-(800)-Now-Hurt for a free and confidential consultation.

Traumatic Brain Injury ("TBI") and the UNIQUE questions involved in representing TBI victims

Traumatic Brain Injury (TBI) is a little understood injury in which the injured victim is injured as the result of direct (and sometimes indirect) trauma to the brain. As attorneys involved in the representation of victims of ALL TYPES OF ACCIDENTS we are very much aware of the peculiar issues involved in representing clients who are the victims of TBI. Some of the issues presented in TBI cases are unique to these types of cases.

One of the most difficult aspects of handling a TBI case is that the victims of TBI often look exactly like other healthy people. Indeed, they may look no different than anyone else you may meet on the street so it is hard for decision makers (judges, juries, claims adjustors) to appreciate the full impact of the injury to the victim. They also look no different than they may have looked BEFORE the accident so this poses a special challenge to the attorney who is trying to communicate the seriousness of this injury to a judge or a jury or an insurance adjustor, in order to get fair and adequate compensation for his client. Many of these cases are settled for insufficient amounts because the lawyer himself does not appreciate the seriousness of the injury or the significance of the complaints the client is making. It is, therefore VERY IMPORTANT for a client to have a Traumatic Brain Injury Lawyer who is experienced in handling and understanding TBI cases.

In many TBI cases the victim of the TBI is often not able to report a "LOC" or "loss of consciousness." Think about it. How can someone tell if they lost consciousness if they were not conscious?! It is often necessary to rely on the testimony of third party witnesses to tell us whether the patient was unconscious at the scene of the accident. Even a short loss of consciousness can be very significant in diagnosing a TBI. The lawyer must do a thorough investigation of the events surrounding the accident.

Furthermore, loss of consciousness (LOC) is NOT NECESSARY for even a serious TBI, a strange as that may seem. There is the famous case of Phineas Gage, a railroad man at the turn of the last century. By a freak accident, he had a an entire railroad spike embedded in his brain (through his eye) and he NEVER SUFFERED A LOSS OF CONSCIOUSNESS!!! Amazing. His case is still studied and cited by experts everywhere. Serious brain injury with no loss of consciousness!! He may not have suffered any loss of consciousness but his entire personality changed after the accident. He was a different man! And not in a good way.

Finally, YOU DON'T NEED A DIRECT IMPACT TO THE BRAIN TO SUFFER A TBI! There are many reported cases, especially involving women (who have more delicate bone structure in the neck) where a WHIPLASH type injury caused a serious TBI. These cases present a special challenge as the opposition tries to defend these cases by saying that there never was any head trauma. The point, however, is that you do not need head trauma to have BRAIN TRAUMA!! The brain can slosh around inside of the head and cause serious neurological injury to the "white matter" without any bump whatsoever to the head. Any decent expert will concede that.

It is also important to note that each and every person's brain responds differently to trauma. It is possible that what may be nothing to one person's brain may result in serious injury or even DEATH to another person with the identical trauma. In other words, strange as it may be, some brains can withstand trauma more than others. I recently had a client who died as a the result of a very minor blow to the head. Two people can be in the exact same car during the same accident and one can die (or be seriously injured) while the other is fine.

Thankfully, there have been many recent strides made in the diagnosis and treatment of TBI cases. Much of the publicity and research is being driven by the recent spate of news stories involving head injuries of NFL football players who have suffered devastating effects of TBI that few would have thought possible. The statistics are becoming alarming as a significant number of players are experiencing early death and becoming debilitated in late life from what they thought were "minor" concussions they sustained as players. This has spread awareness and concern to similar injuries in high school athletes where the equipment worn for protection in contact sports my not be adequate to protect the players' brains. Furthermore, much research is being done on soldiers with head injuries returning from the wars in Iraq and Afghanistan and breakthroughs in technology and computerized testing is now available to more adequately diagnose and treat these serious TBI injuries.

The brain is a complex and delicate organ. It is composed of both "grey" and "white" matter. Experts will uniformly tell you that the brain has the consistency of Jello. The curves, folds and indentations of the brain that we often see on diagrams and models is what we typically refer to as the "grey matter." That is the brain tissue, if you will. It is what you would be holding if you were holding a brain your hand (this is an oversimplification, of course). the white matter is the "wiring" of the brain and is composed of many millions of delicate neurons, axons and dendrites and other connective wiring that makes the brain function. It is the wiring of the brain that lets the brain communicate to itself.

Until recently, the only damage that could ever really be visualized in medical tests such as CT scan or MRI was damage to the grey matter. Many TBI victims were often undiagnosed because the MRI and CT scan tests would report back as "normal" when the patients were anything but normal. These patients continued to experience TBI symptoms of headaches, inability to concentrate, dizziness, vision problems, reactions to loud noises, personality changes, loss of taste or smell, balance issues, confusion, memory loss (both long and short term) and other symptoms. What was going on? They wondered.

While there have always been sensitive and talented neurologists and neuro-psychologists that were able to clinically diagnose these patients by spending considerable time on evaluating their complaints in detail, many patients were given short shrift and told that they were "OK" and should just "get on with heir lives." This was very discouraging for those TBI patients who simply knew that they did not feel well and could not perform and face life's challenges the way they used to. It was very frustrating for them to be told that they were healthy when in fact, they were not.

With the invention of new technology such as DTI (Diffuse Tensor Imaging) and other sophisticated tests, we can now "see" damage to the white matter (brain wiring) and are able to diagnose neural axonal shearing, which is a tearing disruption of the brain's wiring. In addition, there are other sophisticated tests which can measure loss of brain volume and "see" microscopic "bleeds" in different areas throughout the brain that may correspond to the particular complaints and difficulties the patient is having. This gives strong credibility to the TBI patient and is comforting in assuring them that they are "not crazy" or "faking" as some heartless people have claimed. They are, in fact, seriously neurologically injured and need our help. In the handling of accident cases it may be surprising to learn that it is often the lawyer of the victim who assists in actually diagnosing the patient with TBI and not the doctors because it is the lawyer who has the most regular and constant interaction with the patient over time and comes to realize that the patient is having difficulties processing information which the patient often may not realize, themselves. The lawyer may then refer the patient to the appropriate specialist to finally get the tests needed to get the patient help.

The other important thing to realize about Traumatic Brain Injury is that it is an injury that is more like a disease than an event (like a broken bone, for example). In a typical trauma to the body case, the body suffers an injury and then that injury gets treatment and, over time, it heals. In the example of the fractured (i.e. broken) bone, it typically heals up stronger than it was before the accident and the patient can resume his/her normal activities. Brain injuries are not like that. Brain injuries can be PROGRESSIVE, meaning that they get WORSE as time goes on and as the patient gets older. TBI has been known to bring on, for example, an EARLY onset of Alzheimer's Disease in patients that would have suffered from that disease eventually. There is something about TBI that causes loss of brain volume, as well. There are also now tests that can measure this. Although much is still not understood about TBI, we are making progress. TBI is best understood as an ongoing disease process, not as a one time event.

TBI patients need lots of help. They need cognitive retraining and other expensive services that cost many thousands of dollars over many years to make they more functional. Lawyers have to project and present the FUTURE COST of treatments to TBI patients in FUTURE DOLLARS so that the jury or judge can understand what will be necessary for the patient in the future. This is the only way to ensure that the victim of a TBI receives the care that he/she needs. Most of this treatment is not covered by health insurance.

One of the saddest things about TBI is that the patient becomes a "different person" than he/she was BEFORE the accident. This is sort of a "death" of the patient, as it were. with the patient being replaced by a new and completely different person, in more extreme cases. This can be terribly taxing on the family and particularly the spouse of the TBI victim. There are many situations in which the family simply deteriorates after a TBI to a family member because the family is not able to cope with the special needs of a TBI victim. It takes a great deal of patience, love and understanding for families to deal with problems of this magnitude.

The next time you encounter someone with a TBI, even though they may "look normal" try to be understanding and open minded to their plight and understand that they are going through a very difficult and painful life change and will likely never be the same person again.

Buttafuoco & Associates
Top Brain Injury Lawyer
Voted BEST LAWYER five years in a row!
Over $250 Million recovered for our clients.
www.1800NowHurt.com

Jennie-O Recalls 55,000 Pounds of Turkey Burger Over Salmonella

Fox News reports....

Jennie-O Turkey recalled 55,000 pounds of turkey burger this weekend after being linked to a dozen cases of salmonella in 10 states.

The raw, frozen turkey burgers were sold nationwide exclusively at Sam’s Club stores. They were sold in boxes of 12 individually wrapped burgers labeled “Jennie-O Turkey Store All Natural Lean White Meat Turkey Burgers.” Each carton weighs four pounds.

The recalled cartons have a use-by date of Dec. 23, 2011, and an identifying lot code of 32710 through 32780 printed on the side panel of each box. The consumer UPC is 042222-261081. The products were packaged on Nov. 23, 2010.

The Willmar company is advising that consumers who have the burgers in their freezer to avoid eating them.

“Instead we are asking that consumers return this product to a Sam’s Club store for a full refund,” the company said on its website.

Jennie-O has established an online resource center at www.jennieo.com/recall to provide more information to consumers about the voluntary recall.

Hormel Foods, the parent company of Jennie-O, also operates a toll-free Consumer Response Center at 1-800-621-3505.

The U.S. Department of Agriculture’s Food Safety and Inspection Service began investigating after the Wisconsin Department of Health and Family Services reported a case of salmonellosis, which is caused by salmonella bacteria and is usually foodborne.

The investigation then widened to include Arizona, California, Colorado, Georgia, Illinois, Mississippi, Missouri, Ohio and Washington in addition to Wisconsin. Twelve people became sick. According to the Food Safety and Inspection Service, three of those who were sickened specifically reported eating Jennie-O turkey burgers before the onset of illness and hospitalization.
All the illnesses occurred between December 2010 and March of this year. The last case was reported on March 14.

Salmonella hadar, the type of bacteria reportedly involved in the outbreak, is most often found among poultry.

The USDA, the U.S. Centers for Disease Control and Prevention and state public health agencies are continuing their investigation. Authorities said that as more information is collected, the recall could widen to include additional turkey products.

The government is advising consumers to use extra caution when preparing raw turkey. To prevent salmonellosis and other foodborne illnesses, people should wash their hands in warm soapy water for at least 20 seconds before and after handling raw meat and poultry. Poultry should be cooked to an internal temperature of at least 165 degrees F.

Symptoms of salmonella poisoning include diarrhea, abdominal cramps and fever within six to 72 hours of infection. Additional symptoms may be chills, headache, nausea and vomiting that can last up to one week.

Salmonellosis can be especially severe, and possibly life-threatening, to infants, the elderly and individuals with a compromised immune system.

Buttafuoco & Associates
Personal Injury, Medical Malpractice Attorneys
Voted BEST LAW FIRM five years in a row!
www.1800NowHurt.com

Exposing the Dangers of Hospital Runners

There is a pervasive problem that occurs with alarming frequency in the hospitals of this great nation. No, I am not talking about medical malpractice, even though that does occur at an alarming rate, according to a recent Harvard University study. I am talking about the problem of "hospital runners." These despicable individuals are paid cash bribes to perform the illegal solicitation of personal injury victims sitting in their hospital rooms. Accident victims have often become targets of fraud and poor legal advice. Disreputable, non qualified "ambulance chasers" (sleazy attorneys) are paying these "runners" cash to invade hospital rooms uninvited to try to obtain a signature on a lawyers' retainer for legal services in starting a lawsuit for the victim's personal injuries. The seriously injured are targeted as "sitting ducks" since they are immobilized and often sedated by medication in a hospital room. The fees and expenses are sometimes outrageous and the inflated promises made are never kept. NEVER HIRE AN ATTORNEY WHO APPROACHES YOU WITHOUT BEING INVITED THROUGH THE SOLICITATION OF A "RUNNER!" A "runner" is any non lawyer personnel or his agent (paid in cash illegally) for the sole and express purpose of direct solicitation of injury victims in hospitals. Often they go by the thinly disguised term of "investigator." Sometimes, unfortunately, they are the hospital employees themselves! This is an illegal and unethical practice. It is prohibited by law because it is damaging to clients' rights as clients rarely get decent representation this way and certainly are dealing with unethical persons from the start. They should not be surprised when their case is ruined and their valuable rights are lost. I have seen many horror stories.

This practice is illegal unethical and causes immediate disbarment to the attorney, if discovered. These are the "ambulance chasers" everyone hates and which give honest professional trial lawyers a bad name. These runners, of course, are soliciting people at their lowest moment when they are in their hospital beds, often under heavy medication, unable to think clearly or clouded by distress and grief. This is a high pressure tactic utilized to attract vulnerable accident victims as clients without attempting to build a solid practice based on reputation and consistent results. Making these victims legally obligated while in their hospital beds to these unethical lawyers is a sad commentary on the American legal system. Often what is being implicated by thinly veiled reference is that the injured victim might not receive the proper medical treatment if they do not sign these papers NOW.

This entire practice is forbidden by law. WHY? This never results in good representation. These are usually upstart lawyers, as no reputable firm would ever engage in this sort of practice. It is perfectly appropriate to be brought to a client in a hospital by a friend, relative or pastor (or someone of strong reputation that you trust) to help provide needed counsel in a time of need. That is not what I am speaking about. Our law firm quite often visits seriously injured clients in their hospital beds through the invitation of a concerned friend or pastor. That is very different. A "runner" is not concerned for anything but his bribe. The "ambulance chaser" he works for is concerned for nothing but his fee. Be careful who you sign papers for in a hospital.

This problem has cost our firm thousands of hours in hard work, scholarly research, teaching time, years of experience and countless dollars in advertising costs to get this message across. It is frustrating to have this process circumvented by dishonest people and to see our clients get hurt legally by these evil people. The sad reality is that any lawyer--no matter how inept--can settle a case for ONE-THIRD of its value. This happens all the time. There are countless horror stories where victims had their cases settled for a fraction of what they deserved. I personally was involved in a case where the client's prior lawyer demanded he settle for $600,000 "or else." Thankfully they did not and they changed lawyers to our firm. They came to our office where the case was properly handled and tried to verdict. They received $4.6 million dollars for the same case that the prior lawyer was willing to practically "give away." This is all too common.

The governing authorities do not police this activity adequately so this flagrant abuse of direct client solicitation continues to this day. If you are a pastor or a loved one of someone injured, lying in a hospital bed, do not allow the victim to speak to these crooks or their representatives. Anyone who engages in these practices cannot help your loved one or parishioner brother/sister. This is an awful problem that deserves to be exposed.