Soldier's Family Deals With Traumatic Brain Injury
Read article here.
Labels: traumatic brain injury attorney
Grady Trauma Unit Fights For Life
Grady trauma unit fights for life
By CRAIG SCHNEIDER
Published on: 10/07/07
Barreling down the hall of Grady hospital's emergency room, paramedics wheel a gurney carrying a 15-year-old boy stabbed in the chest.
The boy has a big white dressing over his wound. His mother walks beside him. He's awake and alert; she's stunned-silent. There's no sign of blood.
In the trauma room, Dr. Gary Vercruysse scans the boy's chest with an ultra sound machine. Blood is filling the sac that surrounds his heart. If too much blood builds up, the pressure will prevent the heart from beating and the boy will die.
"It's a matter of minutes rather than hours," the doctor says.
He takes the boy, Terrell Lewis of Decatur, to the operating room, leaving the mother behind. Sherry Lewis's eyes are puffy from tears. She wipes her brow and clutches her son's black sneakers and pants to her chest.
Grady Memorial Hospital has the only Level 1 trauma unit serving metro Atlanta. That means the hospital offers the most comprehensive care for the most critically injured people: victims of car crashes, shootings and burns — or a teenage boy stabbed in the heart. It means neurosurgeons and other essential doctors are always here. Not on call, but on site. All that costs a lot, and it is contributing to Grady's growing financial crisis.
Grady is one of only four Level 1 trauma centers in the state, and the next-closest one is in Macon. Grady's trauma unit treats about 3,700 seriously injured patients a year. As the bumper sticker says: "If I'm injured in a crash, take me to Grady."
On this busy Friday night in the emergency room, many patients don't know Grady is so bad off financially that some experts say it may close in a matter of months, or at least start shutting down some services. Its staggering debt — over $50 million — and monthly operating losses of $3 million delay replacement of medical equipment, which takes a toll on patient care.
Doctors and staff work with outdated equipment. Many worry that they won't have jobs soon, that Grady won't be able to continue its mission of treating the uninsured and poor and that tens of thousands of poor people will flood the emergency rooms of other hospitals.
"We talk about it all the time. I think people are very frustrated," said Vercruysse, an Emory assistant professor and attending surgeon at Grady. "We're trying to do a really good job taking care of people. And we feel we produce a vital service that should continue."
Perhaps more than ever in the hospital's 115-year history, it needs the support of the powerful community forces — elected officials, clergy, civic activists and business people — who are working to save Grady, one of the largest and oldest public hospitals in the country.
"We don't want a stopgap solution," Vercruysse said.
Ready and waiting
On this night, though, Vercruysse is focused on saving lives. The staff expects a busy night. It's payday and the moon is full on one of the last Indian summer Fridays when the weather's still warm and the sun stays up into the evening.
Terrell will live. Vercruysse drained the blood from around his heart and sewed up the dime-size hole.
"I feel good about it," the doctor says.
But that feeling never lasts. "What's next?"
Boom! A big wooden door to the trauma room bursts open, revealing a man lying still on a gurney, a paramedic on top of him vigorously pumping his chest.
The trauma unit — a flock of doctors, nurses and staff — is waiting for him. With just minutes to prepare, they are in their operating scrubs and have an array of life-saving instruments lined up.
This is what Level 1 trauma is about. Nobody has to be paged or called in from home. A neurosurgeon is here at all hours, ready to treat brain and spine injuries.
The Atlanta man, tall with a little chin beard, has a bullet wound to the chest. Staff cut off his clothes. He has no pulse and is not breathing. Decisions are made quickly.
Dr. Takki Momin, a fourth-year surgery resident at Emory, slices a horizontal incision across the man's chest, cuts the muscles between a set of ribs and cracks apart the chest bone with a chisel. As one doctor squeezes a bag to pump air into the man's lungs, another reaches in and starts rhythmically squeezing his heart, trying to restart it.
"Spike two more units of blood," calls out nurse Peter Roth.
The man's blood is pouring off the table, pooling on the white floor. A mass of bloody footprints marks the scramble to save him. But it's too late. The bullet drove through the man's heart, creating what doctors call an "unreconstructable injury."
They call the death at 11:03 p.m. His name is Gerald English. He's 44.
After, Momin draws several medical students close to show them the wounds on the heart. Real-life procedures often become teaching moments, as Grady is the teaching hospital for the Emory and Morehouse medical schools. Grady officials estimate that one in four of the doctors in Georgia received training here.
'We make do'
Doctors know little of the circumstances that bring people to the Grady emergency room. They don't know that Terrell Lewis was stabbed on the way home from school, during a fight, his mother said. They don't know that Gerald English, according to police, was shot during a robbery in front of his southwest Atlanta home, after he hesitated to comply with a demand for money.
In turn, many patients know little of the challenges these doctors face in a hospital that is going broke and can't afford new equipment.
Doctors talk about the old broken X-ray machine mounted on the ceiling of the trauma room. In its stead, they use a portable X-ray machine that looks like a garbage can with two big wheels, with an electrical cord that retracts like a vacuum cleaner's.
Other hospitals use digital machines to take X-rays that instantly appear on a computer screen. Grady takes pictures the old-fashioned way, developing film and reading an image against a white light board. That can take an extra five to 10 minutes when time is critical, staff say.
Doctors had to complain to get replacements for what they considered cheap rubber gloves and gowns.
"Some of the instruments [are] low quality and don't work as they should," said Momin, the surgeon. He pointed to needle holders used to sew up blood vessels. "But we make do."
Nor do the doctors know how a patient's care will be paid for. Only about 7 percent of Grady patients are privately insured. Many have no insurance, and many are covered by the state's Medicaid program for the poor. Medicaid reimburses the hospital for only 85 percent of its costs of providing care for these patients. In 2005, that left the hospital to cover $144 million, the most recent figure available. The money would have gone a long way to offset the hospital's losses.
Because of the hospital's financial shortfall, Grady has been unable to make any significant capital improvements in years, which, according to a consultant's report this spring, "is now impacting the quality of care." Immediate needs include EKG and ultrasound devices and CT and MRI scanners, the report said.
'If it weren't for Grady'
Dizzy, dehydrated, nauseous, Toby Merritt came to the Grady hospital pharmacy to renew his prescription for insulin, the drug that treats his diabetes. When he arrived, a pharmacist told him he had no renewals left and had to check with his doctor.
For Merritt, a 28-year-old student who lives in Lithonia and has no insurance, that meant a trip through Grady's emergency room.
Many uninsured people use Grady the way most people use their primary physicians. That clogs up the emergency waiting room and — because emergency room care is so expensive — drives up Grady's bills and debt.
Doctors in the emergency room discover Merritt's blood sugar level is 490, approaching a level that could send a person into a coma. Merritt has been in three such comas, the most recent of which lasted eight days in 2001.
Soon, his blood sugar treated and back to an acceptable level, Merritt recovers on a gurney parked in the emergency room hall, a crowded passageway lined with people banged up, scraped up and otherwise in bad shape.
Merritt comes to Grady regularly, and he fears for his fate should the hospital close.
"Oh no — keep Grady. Keep Grady," he said. "If it weren't for Grady, I wouldn't be here."
Behind the hustle and bustle of this emergency room is a flurry of activity to keep Grady alive. The Fulton County Commission recently sent the hospital an additional $15 million. The Metro Atlanta Chamber of Commerce issued a save-Grady study.
The board that governs the hospital is considering handing over daily control to a nonprofit, community-based group, because that may be what it takes to get financial backing. The state Legislature is expected to consider allocating more money.
None of that matters to Bree Ledford as she drives this night from Douglas County to Grady, because her son was in an accident on his motorcycle. Along the way, delayed in traffic for 45 minutes, she dwells on a single thought: Don't let it be a head or spinal injury.
Her father died from complications of a head injury after he fell from a roof in 1999 while cleaning gutters.
Her son, Drew Hood, 23, was taken to Grady from Douglasville. For the most part, anyone rendered unconscious in a crash in metro Atlanta is taken to Grady, if only to check for brain damage. When Hood arrived, the trauma unit used a little circular saw to cut off his helmet. Motor vehicle-related injuries make up the majority of emergency room work.
Some believe Grady serves only people in and about Atlanta, but many people are rushed here from accidents around North Georgia.
About one in four trauma patients at Grady comes from counties other than Fulton and DeKalb, the only two that financially support the hospital.
By the time Ledford arrives, her son is groggy and she waits with him for the results of a CAT scan.
"That's my baby. He's a good kid," she says, holding two plastic bags with his clothes and shoes. "He just got out of the Army a year ago."
Her son will go home the next morning, after treatment for a concussion.
Here in the Grady emergency room, not even happy endings last long before a new drama comes through the door.
Boom! The doors open for a woman flown by emergency helicopter from a car crash in Carroll County. The top of her head is wrapped in bloody gauze.
The trauma unit shifts her onto a table, but they can't straighten her leg. A bone is protruding. They crowd around her, checking the ABCs — airway, breathing, circulation.
"Her airway's intact."
"She has a skull laceration."
"Are you allergic to any medication?''
Labels: traumatic brain injury attorney
Woman sues Kmart over toilet paper tax
PITTSBURGH (AP) - A woman has sued Kmart for allegedly collecting a 7 percent state sales tax on a nontaxable item: a 12-pack of toilet tissue. Mary Bach alleges a Kmart department store in the Pittsburgh suburb of Monroeville improperly collected the tax on the $3.99 item, charging her $4.27—or 28 cents too much.
Although most paper goods are taxable under Pennsylvania's sales tax code, toilet tissue is listed as a nontaxable item by the state Department of Revenue.
Bach told the Pittsburgh Post-Gazette she was overcharged for the item at the same store twice before she filed the small claims suit last month in district court in Monroeville.
She is seeking $100 in damages plus court costs for the alleged violation of the state's Unfair Trade Practices and Consumer Protection Law. Under the law, plaintiffs can sue for the amount of the damages or $100, whichever is greater, said Bach, of Murrysville.
A Kmart spokesman did not immediately return a call seeking comment Friday.
Kmart stores are operated by Illinois-based Sears Holdings Corp.
___
Information from: Pittsburgh Post-Gazette, http://www.post-gazette.com
My Thoughts On The Last Few Weeks
The truth is that my condition is just the same as it was back in early May, long before there was a huge health scare, and back when I was carrying on my daily life and was told “I was not a threat to anyone”. By May 1, 2007, CDC and Fulton County were all aware that I had MDR TB. By that time I had gone through extensive testing, and even surgery, in order to be sure that my condition could be diagnosed. I had discussed MDR TB with my doctor and with the county health officials, who were in close communication with the CDC.
I had been taking the standard TB medications and in early May I was told to stop taking them because it was resistant. On May 10, 2007, I was clearly told that I was, “not a threat to anyone” and “not contagious.” While people have questioned why this was recorded, its importance has been pivotal. As of the morning of the Senate hearing, I was told that both Fulton County and CDC were to come on Larry King Live later that night. At the hearing it was claimed that I was told that I was, “not highly contagious” and that my drug susceptibility was not known until after I left. When it was clear that I could prove otherwise, both Fulton County and CDC declined to appear on Larry King Live.
The first time I am aware that the term, “predominant strain”, implying there may be more than one, was ever used, was brought up by CDC on the July 3, 2007 conference, in my opinion to cloud the issue of whether they made a mistake. CDC claimed the difference between the results was because they used the ‘agar proportion’ method, which is the standard, and that National Jewish didn’t use this test. This is a complete factual error and they know that. What was the point in trying to make National Jewish’s tests less valid? The fact is that National Jewish used not only the “agar” method, but to make sure they got accurate results, they also used two other methods, they understand the importance of getting consistent and accurate results.
I have recently come to learn that many hospitals believe that when you have MDR TB you should be isolated, for the public welfare, until it is determined that you are on a working treatment plan, and you are culture negative. None of the health officials from the county or CDC told me in May that this was necessary, and I can only imagine that they did not know the proper procedure. No one will claim that this was ever told to me. The point of this is not to make excuses, but to clarify incorrect information that is being reported. I am not a doctor, I do not claim to know what I should have been told, or how they should have handled things, I can only describe what truly happened.
At the News Conference CDC claimed that whether MDR or XDR, they needed to protect the public and “err on the side of caution” and that once you have information you must take action. If this is the case, why, for two weeks after the health departments knew I had MDR TB did no one do anything, or communicate that my family, wife and daughter could be at risk? The CDC stated that there was no public health difference in the way these two conditions should be treated, so why the huge difference in the way they treated the case when I was thought to be MDR versus XDR. I don’t have any issue with being put in isolation if that is what is necessary to protect the public health. My main issue is that they knew I had MDR before, and yet they stated isolation was not necessary. That is a huge difference, and a standard procedure needs to be created and followed.
Why is CDC hiding the fact that they did DNA sequencing on my specimen before I left for Europe and before my meeting with health department officials on May 10, 2007? Why are they hiding the fact that based on the genetic markers, this test showed that I had MDR TB and not XDR TB? Why have they not included anything about this test, and the clear contradiction, in their own official timeline and have not mentioned it in any of their communications? Why did they not convey to me that this diagnosis posed a threat to my family? My own medical records clearly show that the CDC told my doctors that I had MDR TB on May 9, 2007, the day before I was told that there was no need to be sequestered and I was not a threat to anyone. Why do they claim they didn’t know I was leaving the country, when they were told my itinerary back in April? Why, while at Grady in Atlanta, did CDC claim to the public that I had to be isolated and was a deadly threat to everyone, when their plan was to have my wife and I drive ourselves cross country to Denver, staying at hotels along the way? This didn’t change until Kaiser Permanente agreed to pay for a flight, the very day we were planning to leave.
It is true that at times the government must act to protect the public’s welfare and balance personal liberties with public safety. Two popular quotes are that, “With great power comes great responsibility” and Edmund Burke, “The greater the power, the more dangerous the abuse.” The ability to put a leash on someone’s personal liberty, when granted, must be used with great discretion. The public must have confidence in not only the agency’s competence, but that they are not acting out of a sense of self-interest or self-preservation. It is equally important that they be willing to admit mistakes and voluntarily improve the way they handle situations. I believe that most people understand that we all make mistakes and are able to forgive others for those mistakes. It is more important to fix the problem than create excuses. Without the faith that government will have the truth and the public’s best interest at heart, it is difficult for a “covenant of trust” to exist between a patient and health officials. In the future I hope they realize the terribly chilling effect they can have when they come after someone and their family on a personal level. They can, in a few days, destroy an entire family’s reputation, ability to make a living and good name.
On a personal note, thankfully my treatment will now be based on less toxic drugs than my earlier misdiagnosis dictated. However, the most important thing that can come out of the last month has nothing to do with my treatment. The sad reality is that one third of the world has TB and it accounts for one quarter of the world’s preventable deaths. I hope that the attention TB has gotten lately results in more being done to help eradicate one of the world’s deadliest killers. This is not a disease that is bound by socio-economic status or geographic location and it must be addressed accordingly. While my road to treatment has gotten easier, I hope that this news doesn’t quiet the serious attention that I have come to discover this disease deserves. I truly appreciate all of the kind thoughts and prayers that have been expressed. By being transferred to National Jewish I was given something that every American should be entitled to, the best possible chance for treatment and recovery. The fact is that we can act now to combat and treat this global killer, or be forced to react later. I believe that God has a purpose in everything, and I pray that out of this will come greater awareness and action now, when making a difference is a choice and not a threat to our way of life.
Labels: thoughts on diagnosis
Operation Zero Tolerance
Labels: drunk driving victims attorney
Thank you for all of the kind wishes!
There has been one common theme with all of them, which was to trust that things will get better. Whatever your faith may be, I think it is so important to believe that there is a plan for your life and a reason why things happen. I am still trying to figure out the best way to use this blog, especially since it is on my firm's site. I do plan on getting back to addressing the legal and life issues that my clients face and what is going on in the personal injury arena. For the moment however, I would like everyone to know that I am doing well and truly believe I am in the best hands in the world here at National Jewish. The doctors and staff are just amazing and I have heard from so many people that the hospital here has helped through all sorts of respiratory illnesses. My thoughts and prayers go out to my friends and family and truly appreciate what everyone has done.
Woman Killed In Head On Crash In Alto
Labels: car accident attorney
Trucking Accident on I-75 North Leaves Driver Severly Injured
Labels: tractor trailer accident attorney
Man Dies In Houston Trucking Accident
Labels: trucking accident attorney
Peachtree Industrial Accident Luckily Avoids Injuries
Labels: trucking accident attorney
Waltrip charged after accident
Labels: car and automobile accident attorney
NY heart surgeon found guilty of malpractice
Labels: medical malpractice
Paralyzed skier awarded 14 million
Brain Damage Is More Common Than You Might Imagine
A Truamatic Brain Injury can do significant damage without leaving any visible signs, so the initial injury is often dismissed as just a bump on the head by reviewing doctors.
Nearly forty percent of all truamatic brain injuries are the result of traffic accidents, by far the leading cause. As odd as it may sound, it is because cars are now safer than ever that we are seeing a rise in the number of TBIs. Many people that would not have survived a serious car accident 20 years ago are now living through the accident, but with permanent TBI. Unfortunately, unlike a broken bone, TBI often last forever. TBI can lead to slowed memory, lack of attention span, impaired judgment and memory loss. While therapy can help people cope with the trauma, brain damage last forever. There is some good information on the website about TBI, and we hope that if you or a loved one is suffering from TBI that you seek help in order to cope with the recovery process. Often relationships are taken to the breaking point or destroyed because it is so difficult to adjust to the new person. If there is any way we can help, please let us know, but the most important thing is to get help somewhere.
Labels: traumatic brain injury attorney
How To Destroy Your Car Accident Case
1. Being Referred To A Doctor By Your Lawyer
In most cases it does not look good to have your lawyer refer you to a general doctor or chiropractor. The reason why is because juries are often suspicious of a referral relationship between lawyers and doctors, and worry that they may be over-exaggerating the damages in order to get more money. The client may not know how many patients where referred back and forth between the doctor and lawyer, but you can be sure the insurance company will try to find out. How much credibility do you think that lawyer has when it is brought out in trial that the doctor handled 50 or 60 of his clients in the last twelve months? Are there exceptions? Yes, there are exceptions to this rule, such as when a specialist is needed beyond the general practitioner, and the client seeks a recommendation.
Labels: car and automobile accident attorney
Child Backed Over And Killed In Tragic Accident
Labels: car and automobile accident attorney
Ford Excursion rollover accident
Labels: car and automobile accident attorney
Motorcycle Accident Leads To Death
Labels: motorcycle accident attorney
Unfortunate Bus Accident Claims a Child's Life
Labels: car and automobile accident attorney
DUI Charged In Trucking Accident
The truck took out several power lines, which cut power in the area. No one was reported injured. Officials said it could take several hours to clean up the wreckage. There is no word on how long before power and traffic signals are restored in the area.
Police are charging the driver on suspicion of DUI. They said they believe he was trying to beat the train.
Luckily the only problem was some traffic congestion and his reckless actions didn't get anyone killed or seriously injured.
Labels: tractor trailer accident attorney
Red Light Cameras Should Cut Accidents, Not Grow Revenue
Labels: car and automobile accident attorney
Student Dies In Trucking Accident
Labels: trucking accident attorney
Identity of Accident Victim Released
Roby Bobbitt of Snellville was crushed last Tuesday when helping to load a piece of heavy equipment onto a trailer at the Richland Creek Landfill.
Bobbitt was helping to load a Caterpiller 836 compactor, a large tractor-like vehicle, when the accident happened, police said.
The Occupational Safety and Health Administration is investigating the accident.
Labels: accident victim
Trucking Accident on I-75 South
By Matt Cunningham
Staff Writer
Tuesday, March 20, 2007
WEST CHESTER TWP. — A truck that reportedly stopped on southbound Interstate 75 caused a five-vehicle accident that sent two drivers to a hospital and shut down four lanes of the interstate Monday afternoon, according to authorities.
Ohio State Highway Patrol officers report that just before 2 p.m. a black pickup truck slowed to a stop in the right lane immediately south of the Union Centre Boulevard interchange before it was struck from behind by a brown GMC van. Witnesses said the truck then collided with a white Toyota sedan before veering into the center lane and striking two sport utility vehicles.
A tractor-trailer had swerved off the road into a ditch in the vicinity just prior to the accident, but was not involved in the crash.
West Chester Twp. EMS transported two of the five drivers to Mercy
Hospital Fairfield, but no other injuries were reported. Police did not disclose the drivers' names, and their conditions at the hospital were not released.
West Chester Twp. police assisted officers with traffic control as flatbed trucks carried the black pickup and GMC van out of the right and center lanes. The remaining three cars involved had pulled to the side of the road.
By 3:45 p.m., West Chester Twp. police reported that all four lanes of southbound I-75 were shut down. Traffic stretched back nearly four miles from the accident scene. Highway patrol officers were able to leave the scene at 4:50 p.m. All four interstate lanes were reopened at that time.
Labels: tractor trailer accident attorney
Trucking Accident- Big Rig Burst Into Flames
Big rig flips off overpass, bursts into flames; 2 hurt
By Tommy Mann Jr.The Orange LeaderVIDOR — A tractor-trailer plummeted off an Interstate 10 overpass and burst into flames early Monday morning, injuring two people.The incident occurred about 5 a.m. on the Old Highway 90 overpass and involved only the big rig, which was westbound on the interstate.According to Trooper Richard Vasser of the Texas Department of Public Safety, reports indicate the driver of the tractor-trailer may have dozed off.“From what we are hearing, it appears the driver may have fallen asleep, hit the guardrail and then flipped over the railing onto the road below,” Vasser said. “Both people were ejected from the truck.”The driver, Paul Carpenter — whose residence had not been established as of Monday evening — was taken to Christus St. Elizabeth Hospital in Beaumont with broken limbs and burns.The rig’s other occupant, an unidentified woman, was transported by medical helicopter to the University of Texas Medical Branch in Galveston with severe burns. Her condition was unknown at press time.Vasser said the two people were reportedly en route from Florida to Houston.“Driver fatigue can be a huge factor in accidents,” Vasser said. “It can be just as deadly as driving while under the influence.”Along with the Texas Department of Public Safety, personnel from the Vidor Police Department and Orange County Emergency Services District 1 responded to the incident.According to reports, the fuel tank ruptured and caused the truck to burst into flames which reached as high as the overpass.According to Scott Kerwood, ESD 1 fire chief, a hazardous materials crew was called out to clean up fuel and oil from the truck and foam which was used to fight the fire.“The truck was carrying building products, such as lumber and other items,” Kerwood said. “The clean up crew will be on site for a while digging up soil and bringing in new soil. They have to return the land to its condition before the accident occurred.”
Labels: trucking accident attorney
Yankees Pitcher Sued By Auto Accident Victim
Ernest DeLaura, 47, also named the Yankees franchise as a defendant when he filed the lawsuit two months ago in Bronx state Supreme Court. Although the suit was brought in New York, DeLaura lives in Port St. Lucie, Fla., and the accident occurred in West Palm Beach, Fla.
DeLaura sought an unspecified amount of money in the lawsuit, which requested a default judgment of $5 million if Pavano and the Yankees failed to answer the complaint. DeLaura has already undergone shoulder surgery and faces a possible operation on his neck, said his lawyer, Paul Edelman.
The lawsuit charged that Pavano was "careless, reckless and negligent" while driving his 2006 Porsche last Aug. 15. Pavano was pitching in the minor leagues as he prepared for a return to the Yankees when the accident occurred.
Pavano didn't initially tell the team about the accident, and made three rehabilitation starts before seeking medical attention and discovering that he sustained two broken ribs in the crash.
DeLaura was sitting at a stop sign when Pavano's Porsche hydroplaned, sending the sports car sailing into his tractor-trailer, the lawsuit said. At the time, a police report was issued saying Pavano was at fault in the accident, but there was no record of the pitcher receiving a ticket.
According to the lawsuit, DeLaura's accident attorney sustained "severe and permanent personal injuries."
Labels: car accident attorney
Woman Killed In Car Crash Saturday 3-18-07
Published on: 03/18/07
The daughter of a Newnan woman killed in a car crash Saturday was sitting in the back seat and sustained minor injuries, according to police.
Rachel Morrison, 9, sat on the passenger's side of her mother's Ford Focus when it was struck by a Chevy pickup trying to pass in a no-passing zone, police said.
Teresa Morrison, 49, was killed when she tried to turn left into a driveway off Georgia 16 in Coweta County, about 6:30 a.m. It was still dark on the country road, said Georgia State Patrol Senior Trooper Jack Homer.
She was delivering The Atlanta Journal-Constitution newspaper and had worked for the company for about five years, Eddie Vaughan, an AJC manager, said Sunday.
"She's really outgoing and friendly with a bubbly personality. It was a big shock and a big loss to everybody," Vaughan said.
The driver of the pickup, Stark Wilbor, 53, of Sharpsburg was uninjured. The investigation into the crash continues, Homer said.
— Mary Lou Pickel
Labels: car and automobile accident attorney
Mark Taylor's Son Sentenced for DUI
By BRUCE SMITH Monday, March 19, 2007
CHARLESTON, S.C. - The son of former Georgia Lt. Gov. Mark Taylor pleaded guilty Monday to felony drunken driving in a crash that killed his best friend and received the minimum one year prison sentence under state law.Fulton Fletcher Taylor, 23, was driving a sport utility vehicle when it hit a wall on an Interstate 26 ramp and flipped, throwing his friend from the vehicle. Joseph Victor Gennert, 22, of Charleston, was killed in the August 2005 accident. Authorities have said the two men ran up a bar tap of $186 before the crash. "I am sorry for the pain and sorrow I have caused," Taylor said during his plea hearing. "I have lived with the fact that Joe's death is my fault."Gennert's mother, Anna, asked Circuit Judge Perry Buckner not to give Taylor any jail time, but the judge said state law required at least one year in prison." I am asking the court to spare Fletcher a term of imprisonment," she said. "One young man's life has been lost, please don't make this a dual tragedy." Buckner sentenced Taylor to three years, but suspended two of them. The judge also said Taylor must serve five years probation and pay a $15,000 fine. Taylor faced up to 25 years in prison.After the accident, the investigating officer wrote that when he reached the scene, Taylor had "glassy and bloodshot eyes, slurred speech and ... a strong odor of an alcoholic beverage on his breath." He was released from jail on $75,000 bail, contingent upon him enrolling in an alcohol treatment program. Mark Taylor said last year his son had successfully completed the program.Mark Taylor, a Democrat, made an unsuccessful run for governor of Georgia last year but was defeated by Gov. Sonny Perdue.
A service of the Associated Press(AP)
Labels: drunk driving victims attorney
Being In A Hurry Often Causes Fatal Accidents
Red-light runners kill 800 Americans and injure 200,000 every year. More than half the auto accident victims are pedestrians or occupants of other cars. According to the Insurance Institute of Highway Safety, fatal crashes at traffic signals rose 18 percent during 1992-98, which was more than three times the rate of increase for all other fatal crashes. In its review of red-light cameras, the institute found that the cameras reduced red-light running by about 40 percent.
Labels: auto accident attorney
Two drown In Pool Accident
Labels: child drowning, premises liability
Organizations to Help Trucking Accident Victims
One of their many programs is the First Response Program.
-The First Response Program is a national network of volunteers dedicated to providing immediate, compassionate support to survivors and families of victims of truck crashes. Volunteers, most often members of the Truck Safety Coalition Survivors Network, serve as local resources in their communities and state for families of victims and survivors of truck crashes.
Mission Statement
We will seek to locate and help new victims of truck crashes by providing information, encouragement, hope or simply a willing and understanding ear. We will seek to provide them with assistance, comfort and information that we wish someone had provided for us in such a dark time, and to let them know that, if they choose, there are ways to try to make some degree of sense of such a senseless situation. Helping to comfort truck crash victims and helping to satisfy their needs is the foundation for the First Response Program.
Goal
Our goal is to contact and support every truck crash victim in the United States. Unfortunately, this is an aggressive goal due to the tragic number of truck crashes every year. By setting up the network, we hope to support, state by state, the new victims of truck crashes. It is important for us to let them know they are not alone in their time of grief.
If you or someone in your family has been the victim of a trucking accident, it can be crucial to build up a support network of people who understand and can help you cope with the difficult times ahead.
Labels: trucking accident, trucking accident attorney
Great Review of Personal Injury Blogs
"The New York Personal Injury Law Blog brings you the week that was:The biggest news was the Vioxx verdict in Atlantic City. At the Mass Tort Litigation Blog, note was quickly taken of the $20M verdict for compensatory against Merck for Vioxx. After the subsequent $27.5M punitive verdict on top, Evan Schaeffer's Legal Undergound did a recap of other blogs on the subject, including one from the son-in-law of the plaintiff, which interestingly enough, has now been removed. It was here: Vioxx;William Childs at the TortsProf Blog notes (Up In Smoke), a big article in the ABA Journal about "how greed, hubris and high-stakes lobbying laid waste to the $246 billion tobacco settlement."From my own blog, following much recent discussion of punitive damages: Will DaimlerChrysler $50M Punitive Damage Verdict Withstand Review?From The Injury Blog, two posts on police brutality cases: $200,000 Pittsburgh Police Brutality Settlement for Hot Dog Shop Patron's Personal Injuries; and Updates on Chicago Personal Injury Lawsuits Claiming Police Brutality;The South Carolina Appellate Law Blog notes that there is a New Inquiry of the Catholic Diocese in Charleston, regarding unreported cases of sexual abuse, indicating that such suits appear from far over;Trucks were big this week down south, with Jim Higgins at the Tennessee Law Blog discussing the ramifications of highway safety as the DOT opens the border this year to Mexican trucks and drivers with, shall we say, less stringent safety values in Tennessee Highways Not As Safe; And Ken Shigly reporting a federal court decision in one of his own cases that rejected a motion to throw out punitive damages;Evan Schaeffer writes about a decline in mega-verdicts at the Illinois Trial Practice Weblog in Top 10 Jury Verdicts in 2006;Kevin, M.D. brings us a disturbing story, when a baby's remains were lost, and the OB was sued;And finally, since this is a personal injury law blog, Margaret Collins Online hears a story about dangerous doormats, and wonders if we are becoming too risk averse."
Death Rates From Trucking Accidents Can Vary Greatly From State To State
"Truck crashes according to a report from the Citizens for Reliable and Safe Highways, are the deadliest in Wyoming and Arkansas. Wyoming has about 6.09 deaths in big truck crashes per 100,000 residents with Arkansas at about 4.17 deaths per 100,000 residents. There are approximately 100 deaths per week nation-wide as a result of truck accidents, and various consumer organizations are calling for tougher federal regulations to reduce fatalities.
Certain consumer advocates believe that the Federal Motor Carrier Safety Administration which was created in 1999 is not doing as much as it can to improve the safety of trucks. They believe that the FMCSA is putting cargo or business interest over the safety of people. The agency was created in 1999 and that year 5,380 people were killed in crashes with big trucks. As of 2005, that figure was only reduced marginally with 5,212 people killed in truck crashes in 2005.
The primary push on the FMCSA is to reduce the hours that truckers are allowed to drive without rest, increase safety inspections of big trucks, and require on-board electronic monitors to ensure compliance with hours of service rules and train drivers better.
The United States Government's priorities are skewed regarding the death toll from truck crashes. For example, while 61 people die from e-coli infections each year, the government spends millions of dollars on food safety. The death toll of 61 people from e-coli infections is the equivalent to the 4 day death toll from truck crashes. While the government uses every resource available to stop an e-coli outbreak, unsafe tractor trailers and large trucks kill and maim tens of thousands of people each year. In spite of this carnage on the highways, the FMCSA increased the number of hours a driver can operate by 28% since 2003 up to as much as 88 hours over an 8 day driving period.
As I have written before, the hours of service that truckers are allowed to drive without rest should be decreased and on-board electronic monitoring should be the rule and the not the exception. As anyone who has ever driven on a highway with a large truck behind them, no one want a driver following them that is fatigued from driving excess hours or allowed to falsify his logs because there is no effective law to monitor or audit their hours of service log entries. The current administration, clearly favors profits of big trucking companies over safety and until a more consumer oriented administration is in place, I am afraid this will continue."
Labels: trucking accident attorney
Truck Accidents Can Be Prevented With Proper Training
"A tractor trailer or commercial truck can travel up to one hundred thousand miles or more on the nation's highways per year. A common emergency situation for a truck driver is a tire blow-out. The most dangerous type of tire blow-out is when a "steer tire" blows out. When that happens, a truck driver has about 2 seconds to follow the proper steps to keep the 40 ton truck under control and to slowly get off the highway.
There have been many calls by consumer groups for increased truck driver training to reduce fatal accidents. Those calls have largely fallen on deaf ears at the Federal Motor Safety Carrier Administration. According to experienced truck drivers, a truck driver has about 2 seconds to react when a steer tire blows out. A tire blow-out may come at any second while the truck driver is reaching for a drink, talking on the CB or cell phone, or looking at a passing vehicle. In those 2 seconds, the driver has to (1) keep his head and not react wildly; (2) grip the steering wheel firmly; (3) stay off the brakes and in fact, do the opposite because when driving the primary force of the truck is forward force and when there is a blow-out there is going to be a substantial amount of sideways force and braking just increases that sideways force; and (4) the driver needs to increase the forward speed which means to accelerate because that compensates for the increased sideways force and will minimize the weight on the blown tire and decrease the dragging effect. After all this is done in the approximately 2 seconds, the driver then can slowly back off the accelerator and start easing toward the side of the road.Finally, when getting off the road, he needs to keep steering the truck smoothly and gently.
Many people suggest that once the truck is on the shoulder, it is best to coast to a stop without brakes. This is the method taught in most driver training programs and in most states' commercial drivers license manuals. Some people think that if you brake at all, you should keep the pressure very light and constant.
This type of reaction in a panic situation, which most experienced drivers are know about, must be done as second nature. That is where increased training can play a significant role in reducing the potential for a catastrophic collision by a truck carrying a 40 ton load. Despite calls by many consumer groups for increased training, the Federal Motor Safety Carrier Administration has failed to act."
Labels: trucking accident attorney
Trucking Accident Guide
Motorcycle Accident Injury Guide
Have you been injured in a motorcycle accident? --- The Georgia personal injury attorneys at Speaker Law Firm are avid motorcyclists and understand the complexities that go with defending those who are injured in motorcycle accidents from the insurance companies. At various Bike Weeks and weekend gatherings, or just up in the North Georgia mountains, you will find Theodore Speaker on his Harley Davidson Road King and Andrew Speaker on his Harley Davidson Fat Boy. The Speaker Law Firm is particularly concerned with the safety of riders and the need of the injured motorcyclist to get fair and just compensation for their injuries. We know how to maximize your motorcycle accident case.
Motorcycle Accident Victims Body Found
A motorcyclist was killed Thursday when he crashed on Peachtree Industrial Boulevard before dawn, police said.
The accident was not discovered for hours, police said.
Jeff L. Raughton, 24, of Jefferson, lost control of the motorcycle at about 2:30 a.m., police said. Police believe that Raughton struck a curb while traveling southbound, slid into a guard rail and was thrown into a nearby ravine.
An employee at a nearby business discovered Raughton at about 9 a.m. police said.
The accident remains under investigation.
Labels: motorcycle accident attorney
New Website launched
Scary Truth About Tractor Trailers
Safety a big problem for some truck companies
A tractor-trailer with one working brake?!
By SUSAN GAST Wednesday, February 7, 2007, 07:13 PM The Atlanta Journal-Constitution
"Tractor-trailers frighten me. I’m sure they scare any reasonably sane driver. I know they are vital to our economy. I’ve heard the arguments that truck drivers on average are safer than other motorists. Seeing how other vehicles maneuver, I even believe it. But Atlanta traffic leaves little margin for error, and if an error occurs, I prefer not to be snuggled up to 10,000-plus pounds of moving metal. So I was interested to find out that Snellville has a program focused on improper trucks traveling through the city. I saw the new, white Snellville Police Department pickup a few days ago on U.S. 78, where it had pulled over a truck. I wondered - for a second - why Snellville would need such a program. Then I recalled the accident a few years ago in which a tractor-trailer ran a red light on U.S. 78 and hit a car only a few feet away from me. Amazingly the man driving the car survived. My nerves, however, hardly recovered.Snellville has been seeing a large volume of truck traffic and a significant number of truck-related accidents, said Snellville Police Chief Roy Whitehead. The chief also was tipped off that tractor-trailers often use Ga. 124 and U.S. 78 as part of a cut-through to bypass weigh stations on the interstates. Truck traffic could become an even greater concern with construction to begin this year on U.S. 78 improvements, the chief said. Lanes will become tighter, providing less elbow room. These concerns prompted Snellville to approve the program, which has been in force since October. It’s a partnership between the city and the Georgia Department of Public Safety’s Motor Carrier Compliance Division. The officer assigned to the project is a certified commercial vehicle inspector and has performed about 30 to 40 truck inspections per month. Out of those, about 20 to 25 trucks or drivers have been put out of service until violations were corrected, Whitehead said.“It’s been very successful,” he said. For example, one tractor-trailer was found to have only one working brake.I’m sorry; I need to repeat that. One tractor-trailer - traveling through Snellville - was found to have only one working brake! Others had oversized loads or their loads were not secured properly, Whitehead said. Assorted other violations also were found. The new city vehicle used for enforcement is specially equipped, including having portable scales to weigh tractor-trailers on the spot. The total cost for the enforcement truck, scales and equipment was $40,000, which was paid with Snellville’s money from the Special Local Option Sales Tax.Snellville is not the only one checking out large truck traffic in this way. Gwinnett County Police has two of the inspection units. According to the state, Cobb County, DeKalb County, Powder Springs and Marietta also are involved.And Alpharetta and Austell are participating as well, Whitehead said.“But there are very few cities actually involved in this project so far,” he said. Are tractor-trailers a problem where you live?"
Labels: tractor trailer, truck accident, trucking accident
Deadly Trucking Accident in South Georgia
The accident occurred close to Highway 55 and Bray Street, and the driver apparently lost control of the vehicle he was driving for Hatcher Petroleum Transport of Albany.
The report says that there were no other vehicles involved in the truck crash. The gas spill caused by the accident was contained by Dotham, Alabama's HAZ-MAT team.
No other information was reported about the truck accident.
Trucking Accident - Driver Lost Control
Woman Killed in Fatal Automobile Accident
A Jeep driven by a star high school quarterback ran into another car Friday night on Peachtree Industrial Boulevard, killing a Roswell woman, police said.
Police expect to file charges against Bryce Dykes, 18, of Norcross at the conclusion of the investigation, acting spokeswoman Cpl. Valerie Southard said. But she said she wouldn't speculate about the nature of the charges. There is no indication that alcohol or drugs played a factor in the accident, police said.
If investigators determine that Dykes was driving recklessly, then he could be charged with felony vehicle homicide. However, if police determine he was not driving recklessly, then he could be charged with a misdemeanor.
Dykes was driving a Jeep west on Peachtree Industrial Boulevard at about 11:21 p.m. Friday when he collided with the back of a Nissan Altima, police said Monday. The Altima had slowed to turn on South Berkeley Lake Road just before the collision, police said.
All four people in the Altima were taken to the hospital. Linda Lin, 40, of Roswell, died at Atlanta Medical Center of her injuries, police said. Hospital staff said she died at about 1 p.m. Saturday.
A call to Lin's home was not returned Monday.
Dykes was named the AJC Gwinnett News offensive player of the year after leading Norcross to the Region 7-AAAAA championship and the state Class AAAAA quarterfinals.
The 6-foot, 185-pound senior passed for more than 2,100 yards and a county-best 22 touchdowns. He also rushed for more than 200 yards and three touchdowns.
About an hour before the accident, Norcross won the state basketball championship at Gwinnett Arena in Duluth.
"It was just a bad accident," Norcross football coach Keith Maloof said. "We're praying for all the families involved.
"Bryce is going through a tough time."
Labels: automobile accident attorney
Niki Taylor Makes Great Recovery From Automobile Accident
By all accounts, supermodel Niki Taylor has rebuilt a fast-track life that almost ended in a shattering moment along Ponce de Leon Avenue in the early morning dark of April 29, 2001.
Critically injured when the Nissan Maxima driven by a friend hit a telephone pole near Glen Iris Drive, the Florida native suffered serious liver damage, endured nearly three months in hospitals and hours of surgery. The ordeal was not the first taste of trauma for the young woman born Nicole Taylor, who broke into modeling at 14 and whose smile beamed from magazines as the face of Cover Girl cosmetics.
Niki Taylor started a foundation to help women get a start in modeling and other businesses.
In 1995, her younger sister Krissy, also a model she called "my best friend," died at 17 of a rare heart ailment. A year later, Niki Taylor was divorced from Miami Arena football player Matt Martinez.
The mother of twin 12-year-old sons, Taylor, now 32, is still modeling. She has launched her own perfume, a citrus scented fragrance she named "begin ... by Niki Taylor." She has opened a women's clothing boutique in the Nashville suburb of Franklin, Tenn., and started a foundation to help women get a start in modeling and other businesses.
And she also has remarried, to a stock car race driver.
"Niki's always been a fighter," said her lawyer, Stephen Screnci of Boca Raton, Fla. "She's not one to sit back and complain. She took what life handed her, knew that it would take a lot of work for her to get back on her feet and did what she had to do."
Taylor, traveling on business with manager Louise "Lou" Taylor, who is not a relative, could not be reached for comment last week. Jamie Nehasil, with Tri Star Sports and Entertainment of Boca Raton, said Taylor moved to the Nashville area "not too long" after completing her hospitalization.
"Physically, Niki is doing well, but as for the car crash, she really doesn't talk much on it anymore. She would prefer to focus on the blessings and opportunities in her life right now," Nehasil said.
"She's been through a lot, and it's made her stronger," he added. "She's has a strong religious faith. And she's probably the sweetest celebrity I've ever worked with — humble and easygoing."
On her Web site, nikitaylor.com, the model said she wants to continue her chosen work.
"I have to admit traveling and meeting people keep me inspired. Traveling is something I consider to be a true privilege in my occupation ... I just need to keep a special balance of work ... [and home]."
The boutique she owns with her manager — "Abbie and Jesse's," named for the white Maltese dogs Niki Taylor and Lou Taylor own individually — sells trendy women's clothes, "lots of jeans," belts, hats and dresses, Nehasil said.
He said Taylor appeared recently on fellow model Tyra Banks' television show to talk about her "begin Foundation for the Advancement of Women in Business." Explaining her reasons for establishing the foundation, Taylor said she wanted a "constructive way to give back to the women who have supported my career for so long."
Taylor and Banks both started modeling careers in their teens.
Nehasil said Taylor doesn't travel as frequently now so she can spend more time with sons, Jake and Hunter, and her new husband, Burney Lamar, 26, whom she married in December after a four-month courtship.
Lamar drives in the NASCAR Busch Series, sponsored byAnheuser Busch, in races considered a proving ground for drivers in the second division, comparable to Triple-A baseball.
Nehasil said Taylor and Lamar met at another fast track. "A friend of ours at the office turned her on to NASCAR," he said.
"What ever happened to ... " is a weekly feature
Labels: automobile accident attorney
Bus Accident Site Of Previous Accidents
By DANIEL YEE Associated Press writer
ATLANTA — Catherine Hartman is familiar with the concrete barrier where a bus carrying a baseball team from a small Ohio college crashed last week. Five years ago, she and her husband were in an accident at the same spot after she mistook the exit ramp for a commuter lane.
Today, with her left knee still not healed from the 2002 accident, she feels upset that more hasn't been done to prevent accidents there.
"It really bothered both of us," she said of the Bluffton University accident that killed seven. "In retrospect, we probably should have done more as far as insisting they do something to correct the situation."
Investigators said the driver of the Bluffton team bus also apparently mistook that same exit ramp for a highway lane on March 2 and overshot a stop sign at the top of the ramp. The bus slammed into the concrete barrier, flipped and fell 30 feet onto the pavement below. Six people were killed and 28 people were hospitalized. One of the injured died a week later.
On Friday, Atlanta police released to The Associated Press through the Georgia's Open Records Act three reports on accidents at the intersection of Interstate 75 and Northside Drive from 2002 to 2003, all involving drivers who didn't know they had left the I-75 high occupancy vehicle lane. In all three, including in Hartman's accident, the drivers said they were confused by the exit or did not realize they had left the highway.
Before the March 2 Bluffton University accident, the Georgia Department of Transportation said there had been two deaths from seven accidents involving that exit ramp in the last nine years.
"It's horrible to categorize fatalities but two fatality accidents, all involving motorists who ran stop signs, is not an inordinate number over a 9-year-period," said spokesman David Spear. "I don't think it speaks to the design of the ramp or signalization of the ramp."
As a result, the Georgia transportation department has no plans to close the ramp. But Spear said the agency is trying to "come up with potential additions" to alert drivers, including additional signs or traffic control devices.
March 11, 2007 - 5:56 a.m. EDT
Labels: accident attorney
Dump Truck Accident Kills Worker
A construction worker was killed Thursday afternoon at the Cherokee County Airport when he was crushed by a dump truck.
Sgt. Jay Baker of the Cherokee County Sheriff's Department said the man was standing in the dump truck's path at the top of a ridge, but was not in the driver's line of sight.
Baker said another worker standing next to the man jumped out of the way and was grazed by the truck but not seriously injured.
The dead man was not identified pending the notification of his family. The work crews were expandi

