Lansing Personal Injury Lawyer

Law Students Discover Wrong Man Received Death Penalty in Texas

David Mittleman — Wed, 16 May 2012 08:43:46 GMT

It was a horrible coincidence: he had the same first name as the killer and looked uncannily like him, too. On top of that, Carlos DeLuna was also at the scene of the crime when it took place in 1989 and he paid the ultimate price. DeLuna received the death penalty at age 27 for the murder of Wanda Lopez, a single mother working at a Corpus Christi gas station. A team of five Columbia Law students recently uncovered the horrible truth behind DeLuna's punishment--that he was the wrong man.

Wanda Lopez was murdered in February 1983 at a Corpus Christi gas station with a switchblade. Lopez called police twice for help against the individual with the switch blade. Forty minutes after Lopez was murdered, police arrested DeLuna after one eyewitness claimed to have seen a Hispanic man running from the gas station. The only problem was that DeLuna didn't match the description of the man the person claimed to have seen running from the station. The eyewitness said that man had a mustache and was wearing a flannel shirt, whereas DeLuna was freshly shaven and was wearing a white dress shirt. It didn't matter because DeLuna was arrested anyway.

DeLuna maintained throughout his testimony at his trial that he knew who had killed the woman at the gas station and that he had only run from police that night because he was on parole and had been drinking that day. DeLuna claimed that Carlos Hernandez murdered the woman at the gas station with a switchblade, but the lead prosecutor taunted DeLuna that Hernandez was merely a figment of his imagination. Hernandez was later jailed for murdering another woman with the same switchblade that he used that night in Corpus Christi. DeLuna's hasty trial resulted in his death by lethal injection in 1989, although Hernandez repeatedly admitted that he had committed the crime while in jail.

This type of story exemplifies the fact that the death penalty is wrong and that a perfect storm of events--poor legal representation, relying on one eyewitness testimony, and prosecutorial misconduct--can lead to the death of an innocent man.

Originally posted at InjuryBoard by David Mittleman

Suave Keratin Infusion Treatment Has Some Consumers Pulling Their Hair Out

David Mittleman — Tue, 15 May 2012 10:44:25 GMT

In the hair styling business, people are willing to pay big bucks for long-lasting, silky smooth locks. Keratin hair treatments now seem to be the preferred method of attaining a head-turning hairdo.

Once available only from pricy professional stylists, keratin hair treatments are now available over-the-counter in affordable do-it-yourself kits. As it turns out, these at-home treatments have left some customers with more than just extra money on their hands.

A sizeable number of Suave Professionals Keratin Infusion users have taken to the internet with claims that the product has made their hair fall out. Other consumers claim to have been left with badly damaged hair requiring drastic intervention in the form of aggressive hairstyle modification (read: getting their hair chopped off). Suave has discontinued the product and provided resources to customers who have questions about the product’s safety and effectiveness.

This dustup "highlights" (please forgive the pun) a truly important issue in consumer product safety. The vast majority of products available are safe to use as directed. That’s a key concept that consumers should remember in order to keep themselves safe: Follow the directions! Too many people are injured when they fail to heed (or even read) the manufacturer’s guidance. In some cases, of course, the product in question cannot be rendered safe or the manufacturer should anticipate consumer misuse or confusion. In those cases, the manufacturer has a greater burden to ensure the safety of their customers.

Reviews of keratin treatments are decidedly mixed. If you choose to use the treatment, or any product for that matter, follow the directions and you should be fine.

Originally posted at InjuryBoard by David Mittleman

Four Mothers Die in Horrific Car Crash

David Mittleman — Tue, 15 May 2012 08:36:48 GMT

Having just left Chicago, where I watched my daughter Hannah get hooded and walk for her her Master's of Social Work degree from Loyola University, a horrible story caught my eye. A speeding car with four mothers traveling inside hit the beam of a elevated train track and crashed with so much force that it instantly killed three of the four women. The last woman died early last Sunday morning after being transported to the hospital.

The four women were apparently headed to a party on Saturday night when the car struck a cement beam that supports Chicago Transit Authority train tracks. The car hit the beam with such force that it split the car in half before it ultimately crashed into a light pole. Police are investigating the accident, which happened shortly after midnight Sunday.

All of the women inside were in their 20s and included Tyshyra Hines, 21; Bernadette Harris, 25; Alicia Josten, 22; and Leshia Nelson, 21. The women left behind a total of six children. Images from the accident depict a car mangled beyond recognition into a pile of metal.

Originally posted at InjuryBoard by David Mittleman

Fifty Shades of Grey

David Mittleman — Mon, 14 May 2012 14:30:46 GMT

What is all this buzz about Fifty Shades of Grey? Do you know anybody but me who hasn’t or isn’t reading the book? I see women reading it with their mouths open, Kindles with smoke coming out of them, and recently saw Don Imus on Imus in the Morning take on his wife Deirdre Imus and Lis Wiehl in one of their awful “Blonde on Blonde” segments. I generally turn Imus off and go back to the ever-boring and most often syrupy Morning Joe when “Blonde on Blonde” comes on, however I did recently hear Deirdre explain, while discussing Fifty Shades of Grey, what the difference is between pornography and eroticism. Not sure she was right, but she claimed pornography necessarily involved “the degradation of women.” I imagine some porn can involve the degradation of men and, worse, children, as opposed to good old fashioned erotic behavior, eroticism.

Which brings me to this question, how viewing child porn is not against state law in New York. Recently the state’s highest court ruled that viewing child porn isn’t a crime under state law. Very disturbing, and I will address this issue in upcoming posts.

Now back to the Fifty Shades trilogy, including Fifty Shades Darker and Fifty Shades Freed. It is a New York Times #1 bestselling erotic fiction paperback and e-book by E.L. James. The books’ erotic nature and perceived demographic of its fan base, mostly married women over 30, has led the books to being dubbed “mommy porn,” but I know some guys are out there reading and learning a new trick or two.

Originally posted at InjuryBoard by David Mittleman

Fort Lee, NJ, Takes On the Dangers of Distracted Walking

Diego Avila — Mon, 14 May 2012 09:37:54 GMT

There is a poem by Charles Baudelaire called "To a Passerby" with a line that reads "The delight of the city-dweller is love - not at first sight but at last sight." The idea was that the city was where crowds of people would walk on the city streets and you would inevitably be awestruck by the beauty of someone passing you by that you would never see again.

This assumes, of course, we see anyone's face walking down a street.

The city of Fort Lee, NJ (just across the George Washington bridge from upper Manhattan) has taken actions to reduce the danger posed by people texting on their phones as they walk. In a world of unlimited text plans, 4G download speeds, and mobile apps for Twitter, Facebook, and stock trading, driving isn't the only activity that appears to become less safe thanks to our phones.

Two professors at Stony Brook University conducted a study that showed people texting while walking were 60% more likely to veer off line than non-texters. Co-author of the study, Eric Lamberg, urged people to consider that texting "disrupts your ability [to stay on course] much more than does talking."

The city has turned texting while walking into a civil infraction for jaywalking with a whopping $85 fine. Obviously, some residents are upset by the cost of the fine as well as the basis for the citations as a whole.

There are some easy ways though you can reduce the risk of harm posed by distracted walking:

1. Sit at a bench to send or receive that critical text.

2. Wait until you reach your destination to send or receive that critical text.

3. Stop inside a store, cafe, or other location with less traffic to send or receive that critical text.

Your body will thank you the next time you are able to assess oncoming danger because your eyes and senses were attuned to where you were traveling rather than the mobile in your hand. And if you happen to be in Fort Lee, NJ, your bank account will thank you as well.

Originally posted at InjuryBoard by Diego Avila

Should There Be a Minimum Age to Undergo Plastic Surgery?

David Mittleman — Mon, 14 May 2012 08:16:25 GMT

With more people opting to undergo plastic surgery, many ethical questions arise. Plastic surgery is typically a permanent decision with life-altering consequences, whether considered good or bad, and with the number of young people shown on TV undergoing breast enhancement surgeries, tummy tucks or liposuction, the younger crowd may think that plastic surgery is a great idea to achieve the bodily results they desire. But what age is too young for plastic surgery and should there be a minimum age for procedures? These are questions that authorities in Germany are pondering.

Conservative German officials are considering putting a ban on cosmetic surgeries for anyone under the age of 18 in consideration of the fact that many of Germany's procedures--including nose jobs, breast enlargement or liposuction--are performed on minors. There is presently no minimum age for procedures and people under the age of 20 account for 10% of all plastic surgeries in Germany.

Germany's conservative Union parties, the CDU and CSU, are currently drafting legislation to prevent anyone under the age of 18 to undergo plastic surgery. Germany's Free Democratic Party is against the legislation, arguing that the line between medically necessary procedures and purely cosmetic procedures is not always clear. In comparison to Germany, plastic surgeries on minors age 13-19 in the U.S. accounted for 219,000 of all plastic surgeries in 2010.

Originally posted at InjuryBoard by David Mittleman

Mom's Love Lives on After Death

David Mittleman — Sun, 13 May 2012 08:23:47 GMT

Today is a day to celebrate mom and all the wonderful things that she has does for you. While perusing the Internet this morning, I was reminded of the beautiful relationship that can live on even after a beloved mother passes. Kate Greene is an example of that enduring love and her story has been transformed into a best-selling book.

Kate was diagnosed with breast cancer several years ago. That diagnosis came just on the heels of another family tradgedy--one of Kate's young sons, 18-month-old Reef, was diagnosed with a very rare soft tissue cancer that gave him a 6% chance of living. During that same time period, Kate gave birth to her second son, Finn, 7 weeks early. Kate and her husband thought that would lose both of their sons, but Reef received chemotherapy and survived cancer with a disability in one of his legs. Finn also survived, but Kate wasn't so lucky after her breast cancer diagnosis. Although Kate fought her breast cancer for 2 years through chemotherapy and radiotherapy, she relapsed in 2009. This time she couldn't fight it off.

Kate and her family had already scheduled a Christmas trip to Lapland, where they planned to see Father Christmas. She did, indeed, make that trip with her family, but was rushed home afterwards and told that she only had 18 months to live. Kate died after 18 days, but before she passed away she instructed her husband to write down 20 things. The list was extensive and included small loving acts like kissing her two boys every night to urging her husband to find another wife. Kate also asked her husband to fulfill long-planned dreams of traveling to Belize and skating around a museum. Kate's husband published Kate's list as a love letter to her. It is entitled "Mum's List" and is currently a best-seller in the U.K. It is slated to come to the U.S. on June 5.

Originally posted at InjuryBoard by David Mittleman

Georgia Woman Fights for Life from Flesh Eating Bacteria

David Mittleman — Sat, 12 May 2012 10:18:08 GMT

A young Georgia woman is fighting for her life after she accidentally fell from a homemade zipline. Aimee Copeland is fighting to survive after her fall quickly led to a series of unlikely but brutal events that left her with an amputated leg. She is still in the hospital recovering with her family by her side.

Copeland was on a kayaking trip with friends when she tried to cross a river in Georgia on a homemade zipline. The line broke and Copeland fell to the rocks below, suffering a gash to her leg. Doctors at the local emergency room closed her wound up with about two dozen staples but the young woman developed an infection just a few days later. On May 4, Copeland was diagnosed with necrotizing fasciitis, or flesh eating bacteria. Apparently, the bacteria that causes necrotizing fasciitis entered Copeland's wound when she fell. The bacteria, called Aeromonas Hydrophilia, commonly lives in warm waters but it is very rare for a human to become infected to the extent that Copeland did.

Aeromonas Hydrophilia enter the body and quickly reproduce, cutting off blood supply and leading to destroyed muscle, fat and skin tissue. Commonly, doctors have to remove the infected parts of the body to prevent death from occurring. Copeland's left leg was amputated shortly after her diagnosis and she will likely also lose her other foot and both hands. Her family is hopeful that she will survive although doctors originally told them that the chances were slim to none.

Originally posted at InjuryBoard by David Mittleman

Central Michigan University Student Dies from Bacterial Meningitis

David Mittleman — Fri, 11 May 2012 09:10:27 GMT

A Central Michigan University student has died from bacterial meningitis. CMU student Nicholas Collins died this morning at St. Mary Mercy Livonia Hospital and tested positive for the infection which is associated with permanent brain damage, hearing loss, learning disability, limb amputation, kidney failure or death.

The Wayne County Health Department sent out a notice on Tuesday that Collins tested positive for bacterial meningitis and CMU officials are asking any students that had contact with Collins between April 30 and May 3 to contact their local health department or healthcare provider.

Between 100 to 125 cases of bacterial meningitis occur on college campuses annually, contributing to 5 to 15 college student deaths. Students living in residence halls have a six-fold increase in the likelihood of contracting the infection but most universities have a vaccine that is 85 to 100% effective in preventing four kinds of bacteria that cause about 70% of disease in the U.S.

Originally posted at InjuryBoard by David Mittleman

Horrifying Teeth-Pulling Story an Elaborate Hoax

David Mittleman — Thu, 10 May 2012 09:44:44 GMT

Just last week I wrote about a shocking story that seemed too horrifying to be true. According to reports, a Polish dentist pulled all of her ex-boyfriend's teeth in an attempt to get revenge for him dumping her just a few days before. However, we might have all been duped into believing this story.

Polish officials say they are not investigating a dentist named Anna Mackowiak for pulling all of her ex-boyfriend's teeth. In fact, no such dentist exists in the records of Poland's Chamber of Physicians and Dentists. Furthermore, media outside of Poland were apparently the only ones duped by the story--no news media in Poland reported on the case. It seems that the story originated from Britain's Daily Mail newspaper by a writer named Simon Tomlinson who recently claimed to MSNBC that he can't remember where the story originated. Perhaps it was all a product of Mr. Tomlinson's mind.

The story was so elaborate that it included quotes from both parties--the dentist and her ex-boyfriend. However, the American Dental Association says that the entire ordeal is highly unlikely considering that most dentists are only equipped to administer drugs for conscious sedation dentistry. This would mean that "Ms. Mackowiak's" boyfriend (if he exists) would've been aware that his teeth were being pulled at the time of the surgery. This is probably a good reminder that you shouldn't always believe what you read or hear and that it is always important to sort out the facts from the fiction.

Originally posted at InjuryBoard by David Mittleman