Lansing Personal Injury Lawyer

Virginia Research Librarian Struck by Bus Wins $8 Million in Damages

David Mittleman — Sat, 21 Nov 2009 10:00:00 GMT

Richmond, Virginia: a research librarian at the Library of Virginia who was struck by a GRTC Transit System bus in 2007 recently won $8 million in damages. Meikiu Lo, age 34, suffered spinal and shoulder damage, multiple hip and pelvis fractures, and has suffered chronic pain since her accident in which a GRTC bus struck her as she crossed the street beside the library. Lo had waited on the sidewalk until the street was clear prior to crossing and was also approximately 2/3 of the way across, when the bus struck her while making a right turn.

The jury deliberated for one hour prior to reaching their decision to award Lo the entire amount in damages that her attorneys requested on her behalf. The medical evidence presented in the case showed that Lo will likely undergo multiple surgeries for hip replacement before she reaches 50 years old.

The bus company offered to settle the case for $1.8 million, and also fired the bus driver at fault. However, this isn’t the only bus accident that the company will have to deal with; in fact, on September 30, 2009, Loucendia Reed Lambert, age 55, was struck by a GRTC bus while crossing the street to her job at the Department of Health. She subsequently died as a result of her injuries. The bus driver involved in the incident is scheduled for a hearing next week in Richmond General District Court on charges of reckless driving.

Originally posted at InjuryBoard by David Mittleman

Common Cold or H1N1 Flu?

David Mittleman — Sat, 21 Nov 2009 09:07:00 GMT

It's late November now, and we are well into Autumn. Another, more sinister season is just beginning, however – cold and flu season. As your friends, family, coworkers, and classmates fall victim to illness, it may seem inevitable that you too will get sick.

This year, much has been spoken and written about the H1N1 virus, also known as swine flu. But how can you tell if this dreaded bug is to blame for your ailments and not a simple cold virus?

Your symptoms can tell you a lot about what you're suffering from. For example, fever is generally rare with the common cold. In contrast, fever is present in about 80% of H1N1 cases, with an elevated temperature of 100 degrees or higher for three or more days being a common indicator. A mucous-producing cough and stuffy or runny nose is typical for a cold, while a dry cough and a lack of nasal congestion is more likely associated with H1N1. Headaches are fairly unusual for a cold, while up to 80% of H1N1 victims suffer from headaches. Sore throat, on the other hand, is often present with a cold and generally rare with H1N1.

Aches, chills, and fatigue can be present with both the cold and H1N1. However, individuals with H1N1 tend to experience these symptoms to a much greater degree. The major difference with regard to these symptoms is the time of onset. Cold symptoms develop slowly over a few days. H1N1 symptoms hit hard and fast, usually within 3-6 hours.

This cold and flu season, be sure to take steps to avoid getting sick. If your best efforts fail, however, be sure to monitor your symptoms closely and consult with your doctor.

Originally posted at InjuryBoard by David Mittleman

TMJ Injuries Common to Rear-End Collisions

David Mittleman — Fri, 20 Nov 2009 10:30:00 GMT

A temporomandibular joint (TMJ) injury is one of the most common related to rear-end collisions, but has received very little attention until very recently. The TMJ is described as a ball and socket arrangement so that the jaw is able to open and close. This fragile construction is especially sensitive to injury during traumatic car crashes. Furthermore, pain is more commonly attributed to head or neck injuries, in general. Nevertheless, TMJ disorders are progressive, and if left untreated, can increase impairment over the long run.

TMJ injuries that are caused by rear-end collisions occur as a result of whiplash. For example, when there is a sudden impact from behind, the head can snap in many different directions. When this happens very quickly the neck muscles cannot relax and therefore hold the jaw still. In the meantime, the head is forced backwards by an impact and the mouth opens and hyper extends, causing injury to the jaw. Ultimately, the muscles and supporting ligaments in the TMJ are torn, which results in scar formations. It is the scar formations that cause pain to an injured individual.

Unfortunately, few medical and dental practitioners have the specialized training needed to diagnoses TMJ injuries. However, a diagnosis can be made with thorough physical examination, including radiographic surveys. Once a diagnosis is reached, TMJ injuries can be treated through construction of a bite splint, moist heat therapy, trigger point injections, nutritional counseling, and other therapies.

Originally posted at InjuryBoard by David Mittleman

Rapid CT Heart Scan Better at Diagnosing Blocked Arteries

David Mittleman — Fri, 20 Nov 2009 10:00:00 GMT

According to a recent study, a rapid CT heart scan is better able to provide doctors with a more efficient method of diagnosing blocked arteries after a patient complains of chest pain. In the past, doctors have routinely used electrocardiograms, treadmill, and resting stress tests along with nuclear imaging, to diagnose blocked arteries. However, these tests are often longer and don’t always provide a clear diagnosis.

The author of the study, Kavitha Chinnaiyan of William Beaumont Hospital in Royal Oak, MI, discovered that the rapid CT heart scan cuts the diagnosis time in half, and also saves 40% of the cost of the previous diagnostic methods. However, there is one drawback to the test: patients increase their exposure to medical radiation. Some doctors are concerned about the effects of such exposure on patients who routinely and frequently go to the hospital for chest pains.

Nevertheless, approximately 6 million people per year travel to the hospital complaining of chest pains, 60% of which are told that their symptoms are not serious and are sent home. Subsequently, 4 to 13% of those patients that are sent home suffer “missed” heart attacks, which can be fatal 10 to 25% of the time. Thus, the rapid CT heart scan could help reduce the incidence of “missed” diagnoses, ultimately saving lives.

Originally posted at InjuryBoard by David Mittleman

Outrage - I Don't Like What I'm Seeing in Health Care (Part II)

David Mittleman — Fri, 20 Nov 2009 08:58:53 GMT

A few days ago I wrote about my concerns about recent developments in women's health care, namely the timely detection of breast cancer. Well, I wasn't the only person who felt that way. In fact, the United States Preventive Services Task Force study released on Monday has set off a response that can only be described by one word: outrage.

http://www.youtube.com/watch?v=MCNl77p1WhE

From Secretary of Health and Human Services Kathleen Sebelius to thousands of women and doctors across the country, women whose diagnostic screenings in their 40s helped save their lives after timely diagnosing them with breast cancer have one message to convey: they are people, not statistics.

As the administration distances itself from the Task Force study, one thing is clear, nobody wants the Task Force's findings to affect insurance coverage of preventive medicine. If a woman, like my wife whose baseline mammogram at age 40 detected breast cancer at an early stage, wants to utilize sound and reasonable preventive health practices, that decision should not be taken away. While our treatment for breast cancer has improved over the decades, there's no dispute over the benefit of early detection of breast cancer.

Originally posted at InjuryBoard by David Mittleman

Great American Smokeout: Many Reasons to Kick the Habit

David Mittleman — Thu, 19 Nov 2009 15:35:35 GMT

Maybe we can blame the bad economy, but no matter whatever or whoever is at fault, the fact is that more Americans are smoking cigarettes. In fact, a recent report by the Centers for Disease Control found that after years of declining, the number of American smokers is back up again.

There are many good reasons to quit, but many smokers struggle to kick the habit for good. Indeed, according to the American Cancer Society, there are at least 12 important reasons to quit smoking. For example:

1. Smoking fogs the mind: a 2008 study in the Archives of Internal Medicine, found that smoking during middle age is linked to memory problems and lessened reasoning abilities.
2. It may bring on diabetes: according to a 2007 analysis published in the Journal of the American Medical Association, current smokers have a 44% greater chance of developing Type 2 diabetes.
3. It invites infections: the CDC argues that there is strong data to suggest that smokers are more susceptible to pneumonia-causing bacteria than nonsmokers because smoking causes damage to the mucous membranes, making it easier for infectious organisms to latch on.
4. It may affect your sex life: simply stated, smokers are more likely to experience erectile dysfunction than nonsmokers. Furthermore, the severity of this problem increases as the number of cigarettes smoked per day also increases.
5. It may lead to wrinkles, and not just on your face but also on other areas such as the arms.
6. It may hasten menopause: according to a 2001 Surgeon General’s report, women smokers experience natural menopause at an earlier age than nonsmokers. Furthermore, a 2004 report indicated that women smokers also faced increased infertility when compared with nonsmokers.
7. It can dull vision: according to several studies in the medical journal Eye, active smokers face a 2 to 3 times greater risk of developing macular degeneration.
8. It hurts bones: smoking weakens the skeleton and can lead to increased incidence of osteoporosis in postmenopausal women. Furthermore, smokers of both sexes experience more hip fractures than nonsmokers.
9. It can damage the internal organs: specifically, cigarettes can damage the digestive system, leading to heartburn, peptic ulcers, and gallstones.
10. It may contribute to a poor night’s sleep: according to a study in the medical journal, Chest, smokers are four times as likely to experience nonrestorative sleep than nonsmokers, leading to that feeling of grogginess in the morning.
11. It shaves years, and quality, off of life: male smokers live, on average, 10 years less than their nonsmoking counterparts. Moreover, the nonsmokers experienced a better quality of life than the smokers.
12. Smoking causes cancer: in 2004, the CDC released a report linking cigarettes to more than 2 million diagnoses of cancer between 2001 and 2004 in the U.S.

Today is the American Cancer Society’s 34^th annual Great American Smokeout, and in an effort to get more Americans to stop smoking, they offer the following resources: visit the ACS webpage for tips on how to quit for good, or call the ACS Quitline at (800) 227-2345. According to Tom Glynn, director of cancer science and trends at ACS, phone counseling can double the chances of a smoker’s quitting success.

Originally posted at InjuryBoard by David Mittleman

Teen Became Sick With Guillian-Barre Syndrome After Receiving H1N1 Shot

David Mittleman — Thu, 19 Nov 2009 10:00:00 GMT

Jordan McFarland, a 14-year-old Virginia native, is the sixth person to come down with Guillian-Barre syndrome (GBS) after receiving an H1N1 vaccination. Jordan, a high school athlete, went to Inova Fairfax Hospital in Virginia after a week of severe headaches, muscle spasms, and weakness in his legs. He is still struggling to walk and will likely need the assistance of a walker for 4-6 weeks plus intensive physical therapy. However, Jordan is expected to fully recover in time.

Jordan is one of the first people to develop Guillian-Barre after receiving an H1N1 vaccination. According to Dr. Claudia J. Vellozi, deputy director for immunization safety with the Centers for Disease Control, Jordan’s GBS is only the sixth case reported since October 6. Furthermore, officials at Inova Fairfax Hospital do not dispute that Jordan has GBS, but refuse to comment on his condition as related to the H1N1 shot because they do not want to create unnecessary fear or panic in the public.

Despite the fact that Jordan and his family believe he suffered GBS as a result of the H1N1 vaccination, Dr. Vellozi maintains that there is no clear link between the H1N1 shot and GBS. She states: “[w]e know that GBS and other illnesses occur routinely in the U.S.”. In fact, she noted that 80 to 120 cases of GBS are reported each week in the general population. Moreover, while any side effect can be devastating for an individual, the H1N1 vaccine is much less risky than the H1N1 virus itself.

Originally posted at InjuryBoard by David Mittleman

Drug Makers Raise Prices Despite Promises of Cost Reform

David Mittleman — Wed, 18 Nov 2009 09:39:28 GMT

Drug makers pledged to help cut down healthcare costs by $8 billion a year, but now it doesn’t look like they are making good on that promise. Instead, in the last year alone, the pharmaceutical industry has raised their wholesale prescription drug prices by 9%. Instead of cutting down on costs, that raises the nation’s drug-related healthcare costs by $10 billion, and represents the highest annual rate of inflation on drug prices since 1992.

Originally, drug makers had touted their agreement with the White House and the Senate Finance Agreement chairman to trim $8 billion a year from the nation’s drug costs, or $80 billion over 10 years, by giving rebates to older Americans and the government. However, the recent increase in prices would essentially cancel out the savings for at least the first year of the plan, if not the entire 10 years.

Nevertheless, drug makers argue that there are valid business reasons for raising prices. Specifically, they argue that they are forced to raise their prices in order to invest in future research and development of new drugs, especially as patents expire on previous drugs. While drug makers claim their “reasons” for raising their prices, many Americans who do have drug insurance will be forced to pay out-of-pocket for the leftover cost of overpriced drugs that insurance won’t entirely cover.

Originally posted at InjuryBoard by David Mittleman

Recent Michigan Taser Incidents Cause Concern for Safety, Use of Force

David Mittleman — Tue, 17 Nov 2009 17:11:31 GMT

Two recent incidents involving the use of Tasers have grabbed headlines throughout Michigan and around the country, again raising doubts about the safety of the product and its use by law enforcement officials. Generally considered a "less-lethal" way of subduing unruly suspects, the use of Tasers has engendered serious controversy in recent months.

Earlier today, a young man in East Grand Rapids, Michigan, died in police custody after being Tasered. Early reports suggest that Matthew Bolick, 30, was Tasered twice during a struggle with local police officers.

Late last week, a Lansing, Michigan, police officer was reprimanded for Tasering a suspect who had already been handcuffed. Rocky Allred, 43, fell to the ground after the weapon was used on him, fracturing his jaw, chipping a tooth, and requiring eight stitches. The incident occurred back in August, and charges against Allred have been dismissed. The officer has been suspended for two weeks without pay for the appalling violation of police policy.

In late October, police in Traverse City, Michigan Tasered a 17-year-old girl following a traffic stop.

The recent spate of Taser-related injuries and deaths is by no means limited to Michigan. Injuries stemming from the use of the device have been reported across the country.

Originally posted at InjuryBoard by David Mittleman

Michigan Supreme Court’s New Policy Enhances Credibility, Avoids Conflicts

David Mittleman — Tue, 17 Nov 2009 15:15:04 GMT

Earlier this month, Michigan’s Supreme Court adopted a fair and reasonable new policy to govern the disqualification of justices in the event of a potential conflict of interest. By a 4-3 vote, Michigan’s Gang of Justice approved rules that will, in some cases, take the decision out of the potentially conflicted justice’s hands.

Judicial disqualification, also known as recusal, is an incredibly important component of the impartiality and integrity of the legal system. Under the old, unwritten tradition, each individual justice essentially had the final say on whether or not to step aside on a given case due to a conflict of interest. While most judges and justices do the right thing and step aside when they face a conflict of interest, the few who do not can seriously undermine the public’s trust.

A stunning and well–known example can be found in West Virginia, where a state Supreme Court justice was elected to the state’s highest court with the help of $3 million donated by the chairman of Massey Energy Company. That justice later decided in favor of Massey in two key decisions, despite calls for his disqualification.

The new rules adopted by the Michigan Supreme Court will help avoid any actual or perceived injustice. Now, a party whose request for disqualification is refused by an individual justice can appeal to the entire seven-member Court for a ruling.

An excellent editorial by the Lansing State Journal underscores the importance of the change in policy, especially in this era of big-money judicial campaigns. The four justices who voted in favor of the measure - Justices Hathaway, Cavanagh, Weaver, and Chief Justice Kelly - clearly understand the importance of fairness and impartiality. The minority, on the other hand, would prefer the old way of doing things.

Justice Robert Young, who in the past almost always voted with the “Sleeping Judge” Cliff Taylor, was among the dissenters. Last year the people of Michigan voted Taylor off the bench. In 2010, voters will get to have their say about Justice Young.

Originally posted at InjuryBoard by David Mittleman