Kurt Husted, slain armored-truck driver

today in Pierce County Superior Court against the state for failing to supervise the killer in the June-2009 robbery at a Wal-Mart in Lakewood.

Janet and Ronald Husted, the parents of 38-year-old Kurt Husted who was shot and killed in the armed-robbery, joined shooting survivor Wilbert Pina to speak out against the state’s failure to prevent the deadly robbery.

Calvin Finley, the shooter, immediately violated his community supervision when released from prison on Feb. 14, 2009. But an investigation by attorneys for the family found the state failed to supervise Finley who was classified as a high-risk offender.

“This was a dangerous felon who plotted this deadly act while repeatedly violating his supervision,” said Janet Husted. “We lost our son because the state failed to act and take him off the streets when they knew he was a danger to the public.”

Husted was a 16-year veteran of Loomis Armored. He was also survived by his fiancé Deborah Bishop and was training to become a commercial helicopter pilot.

On June 2, 2009, Kurt Husted made the Anchor Bank pickup inside Wal-Mart, when Finley shot Husted in the head. The bullet from the gunshot that killed Husted, wounded Pina. The bullet miraculously missed Pina’s infant son Emmett, who was sitting in a shopping cart pushed by his father at the time.

Finley had a criminal history of burglaries and assaults and a history of violating supervision from previous criminal convictions. After he was released from prison in 2009, Finley failed to report to his supervision officer. He also violated a no contact order of his victim, who contacted corrections officers. From Feb. 24, 2009 and prior to June 2, 2009, there were no records showing DOC attempted to supervise or apprehend Finley despite repeated supervision violations. During this time, Finley was involved with the planning of the armed robbery.

A criminal investigation of the case found that Finley executed Husted in cold blood and made no attempts to take the money without violence. Finley pleaded guilty to Husted’s murder to avoid the death penalty. He was sentenced to life in prison without parole on March 19, 2010.

Jeremy Johnston, an attorney with the Messina Bulzomi Christensen law firm representing Pina and Husted’s family, said the state had several opportunities to protect the public, months before the shooting.

“This was a brutal and depraved act that killed an innocent man, injured another and terrorized a community. The state had clear evidence that Finley was a ticking bomb, but did nothing.”

Austin Porter, 28, was severely injured on Oct. 11, 2011, when a Ride-the-Ducks vehicle slammed into the back of his motorcycle, running over him. Porter was dragged in the undercarriage of the vehicle several hundred feet before the operator realized he had run over Porter who was idling at the intersection of Pike Street and Third Avenue in Seattle. Porter sustained severe injuries to his left arm, left leg and pelvis from the crash and is still recovering and undergoing medical treatment.

“It’s clear that Ride-the-Ducks vehicles present a risk to passengers and the public when operators are distracted with entertaining tourist passengers rather than focused on driving these vehicles safely,” said Porter. “I am lucky to be alive.”

The Seattle Police Department says it will not release video footage of the crash until it completes its investigation, attorneys say. Ride-the-Ducks operators in other states have come under fire for similar concerns. In Philadelphia, two Hungarian students were killed in July 2010, after a barge ran over the top of a disabled Ride-the-Ducks amphibious vehicle, sending all 37 passengers into the Delaware River. None of the passengers on the vehicle were wearing life preservers. Earlier this month, attorneys for the families in that case released disturbing video footage of that crash:

http://www.nbcphiladelphia.com/news/breaking/New-Duck-Boat-Accident-Video-Released-Just-Days-Before-Trial-149728475.html.

“It’s clear that Ride-the-Ducks operators should not be acting as drivers and tour guides at the same time,” said Steve Bulzomi, an attorney with Messina Bulzomi Christensen law firm representing Porter. “The sightlines on these vehicles are already obscured by the vehicle’s design. We need to make sure passengers and the public are safe at all times.”

Ride the Ducks is owned by Norcross, Ga.-based Herschend Family Entertainment Co. It operates in Atlanta, Seattle, San Francisco, Branson, Mo., and Newport, Ky.

Contact:
Sue Evans
253.592.1590
sue@nwmediaallies.com

In August of the same year she received a spinal cord stimulation lead placement trial, which is an electrical current used to treat chronic pain. A small generator, implanted in the back, sends pulses to the spinal cord. Those pulses then interfere with the nerve signals that make you feel pain. If the test is successful, a more permanent one can be inserted.

Mrs. Rauer’s trial was successful, so her doctor authorized a permanent implant, and referred her to Dr. David Lundin.

During the procedure, part of the vertebra is exposed and a portion removed to allow room to place the leads. The leads are positioned in the space above the spinal cord to deliver an electrical current to the area of pain. A wire is passed under the skin from the spine to the site of the generator.

The generator is then placed in a pocket cut between the skin and muscle layers, and the extension wire is attached.

Unfortunately, when Dr. Lundin performed the implant, he failed to order any imaging of the spine prior to surgery, even though the procedure consisted of placing a stimulator near the spinal cord. This resulted in Mrs. Rauer suffering an injury during the surgery, which was not discovered until she awoke in recovery.

An emergent CT scan revealed two severe spinal deformities in the area of the cord stimulator implant. Mrs. Rauer had to return to the operating room for the removal of the stimulator and to have her spinal cord decompressed.

Messina Bulzomi Christensen is prepared to prove that Dr. Lundin did not follow the accepted standard of care required when implanting the spinal cord stimulator and that his negligence and carelessness resulted in Mrs. Rauer’s physical and mental injuries, which include partial paralysis from the waist down. She continues to require medical care and treatment.

Preventing falls:

• To prevent falls on walkways, keep stairs, steps, landings, and floors clear of toys and clutter.
• Make sure you can see over loads that you’re carrying and always use a handrail up and down stairs.
• Keep electrical cords out of walkways.
• Make sure area rugs are secured with non-skid pads.
• If you’re using going to be climbing in your spring-cleaning projects, make sure you use a ladder.  Chairs, tables, and boxes are not a safe alternative.
• Make sure stepladders are on level ground and that locks are engaged.
• If using a ladder outside, they must be at least ten feet from all powers lines.  Coming in contact with live wires could be fatal.
• Use the 4-to-1 rule for extension ladders.  For each four feet of distance between the ground and upper point of contact, move the base of the ladder out one foot from the wall.
• Always face the ladder when climbing and wear slip-resistant shoes.
• Keep your body centered on the ladder.  If your belly button passes beyond the side rail of the ladder, you are overreaching and at risk of falling.
• Make sure rungs are dry.
• Never stand above the second rung from the top of a stepladder, or the fourth rung from the top of an extension ladder.

Preventing back injuries:

• Don’t hurry.  Plan the lift by looking at the starting and ending point.
• Bend at the knees and keep your back straight.  Lifting with your strong leg muscles can help prevent injury.
• Keep the object you are lifting close to your body.
• Do not twist at the waist.  If you need to turn, do it with your feet.
• With very heavy objects, get help.

Lawn and garden safety:

• Make sure your lawnmower and power tools are in good working order and know how to use them.  Read directions and follow instructions.
• Before mowing, walk the lawn and pick up debris that could shoot out from under the mower or damage the blade.
• Make sure people are clear when you’re mowing, especially where small children are concerned.  Never let children ride on lawn tractors/mowers.  The safest place for a child while mowing is inside the house.
• Wear proper clothing when mowing.
• Closed toe shoes with non-slip soles.
• Eye protection.
• Don’t wear loose fitting clothing or jewelry that could get caught in moving parts.
• Wear ear plugs/muffs to protect your hearing.
• Never reach under the mower unless it is turned off and the blade has stopped moving.
• Store gasoline only in approved containers.  Refuel mowers outside when the engine is cool.
• Always follow directions when using fertilizer and insect and weed killer.  Keep pets and children off of newly treated areas.  If you can use non-toxic products, you should.

Chemical safety:

• Consider using non-toxic cleaners.  Consumer Reports has a list of less toxic cleaners.
• Read chemical labels and follow directions.
• Wear protective clothing and rubber gloves when using chemicals.  Wear eye protection when using corrosive chemicals.
• Never mix cleaning products.  Doing so can create harmful gases which could make you ill or even kill you.
• Use chemicals in well-ventilated areas.
• Store chemicals safely in closed containers out of the reach of children and pets. Use child safety locks on cabinets.
• Keep chemicals in their original containers with the original labels.  If you must remove them from their original container, always label it.
• Discard hazardous and flammable chemicals that are no longer needed.  You can call your local sanitation department to find out how to safely dispose of hazardous waste.

Avoid overexposure to the sun

• Limit the time you spend working in direct sunlight by gardening in early morning or late afternoon.
• Protect your skin by wearing long sleeved shirts and pants.  Wear a wide brimmed hat and apply sunscreen that is at least 15 SPF (though the higher the better).
• Drink plenty of water or drinks such as Gatorade or Power Aid.
• Take frequent breaks.

Other things you may want to consider doing while doing your spring cleaning are:

• Checking your medicine cabinet for expired or unidentified medicines.
• Change the batteries in your smoke detectors if you didn’t do it at daylight savings time.
• Put together a home emergency kit.  A list of supplies to include can be found at the Red Cross website.

Have a safe and happy spring.

Sources:

Environmental Health and Safety

USA Today

Did you also know that May 1st is also International Worker’s Day (also known as May Day), a national holiday celebrated in more than 80 countries.

Go see the Avengers. The movie opens May 4th and is receiving rave reviews. Watch all your favorite Marvel heroes in action!

Celebrate Cinco de Mayo.  Learn about its significance, host a fiesta, decorate Mexican style and enjoy the cuisine and music. Make sure to party responsibly and don’t drink and drive.

Buy your child’s teacher a card or gift. May 8th is National Teacher Day. Give your child’s teacher a small token of your appreciation and have your child make a homemade card.

Register before foreign travel. Sign up for the government’s free Smart Traveler Enrollment Program. You can inform the State Department about your trip abroad in case there’s an emergency and you need assistance . Click here to register.

Get ready for Mother’s Day. Mother’s Day is May 13th.  Get your cards and gifts together or do something special like offer her breakfast in bed, take her on a picnic, or make a scrapbook of memories for her.

Watch the solar eclipse. Sunday May 20th the solar eclipse will be visible in many western states. Don’t miss it or you won’t be able to see another until 2017!

Have a garage sale. Now that you’ve done your spring cleaning and the weather is improving, get rid of all that stuff you no longer need by having a garage sale. Donate whatever you don’t sell.

Make plans for Memorial Day weekend. Check out what’s happening in your community, host a barbecue, or take a trip during the long weekend.

Enjoy your May!

That is a sad situation , but there are other places to look for accountability.  Was there a problem with the road design that was a partial cause of the collision, making the city, county, or state possibly liable? Was there something wrong with the victim’s car that contributed to the injury or made it worse, such as a seat belt that failed?  If the other driver was a parolee who was not complying with the terms of government oversight and if properly supervised would not have been driving, making the Department of Corrections partially responsible? Finally if the other driver was drunk, was he over served alcohol at a bar making that bar partially at fault for the harm? The bottom line is do not give up.  Seek out experienced counsel no matter how hopeless the case may seem.  We at Messina Bulzomi Christensen are happy to help.

He was wearing a helmet when struck, and was taken to Tacoma General Hospital. His condition was unknown.

If you’re ever injured in a bicycle/vehicle accident, you may be entitled to compensation for your injuries and should contact an attorney.

The attorneys at Messina Bulzomi Christensen have handled many such cases. Call for a free consultation concerning your possible personal injury claim.

This year’s battle was no competition as MBC founder, John Messina, won handily, losing eleven pounds. Instead of pocketing the winnings, John decided to donate the money to Mary Bridge Children’s Hospital in Tacoma, WA, as the hospital saved his granddaughter’s life at a mere five weeks old.

From open-heart surgery to asthma treatment, cancer care to diabetes, Mary Bridge Children’s Hospital & Health Center specializes in advanced care for children. The hospital offers specialized pediatric care, equipment and facilities that aren’t available in most communities.

When kids need care, Mary Bridge is there, offering children and families:

• Advanced pediatric specialty care
• Pediatric trauma center
• Child- and family-centered care philosophy
• Financial resources to meet the health care needs of all children, regardless of ability to pay
• Outreach programs promoting health and safety

For more information on Mary Bridge Children’s Hospital visit their website or give them a call at 253-403-1400

If you or a family member has been injured because a product is unreasonably dangerous or malfunctions because of a defect in manufacturing or a failure to warn about the inherent hazard of a product, you may have product liability case against the manufacturer and distributor of the product.  We fight hard to keep consumers safe by holding manufacturers accountable for dangerous products.  If you have been injured by a dangerous product make sure to preserve the product as is and call Messina Bulzomi Christensen to discuss your injury or any other questions about product safety.

You can appeal a jury verdict to a higher court.  However, appeal courts do not generally correct of review jury verdicts.  Their job is to correct any error by the judge in admitting evidence, instructing jurors on the law, or in failing to correct some misconduct by jurors.  Most appeals do not lead to a different result.  Cases, to be won, need to be won in the trial court.

The information and tools on our site can help you to better understand your pain and work more effectively with your health care team toward a higher quality of life.

Click here to visit their website.

Some believe that, while the vast majority of federal judges are fair, respectful and committed to doing justice, the system allows a small number of them to be autocratic, openly prejudiced, and involved in improper conflicts of interest, with impunity as long as no crime is committed. However, that may not be entirely correct.

As mentioned before, the Constitution requires a federal judge to be on “good behavior” during their term. This means their judgeship could be forfeited for exhibiting bad behavior. Does the behavior have to be at the criminal level upon which Presidential impeachment must be based?

Our Constitution does not clearly state that impeachment is the only means of removing federal judges. Congress might be able to enact legislation defining rules for judicial misconduct and allowing the removal of federal judges based on that policy. Of course, if challenged, the removals will have to be approved by federal judges. Maybe someday.

According to the Internal Revenue Code Section 104(a), the amount of any damages received on account of personal injuries are not considered gross income.  In other words, you do not have to pay federal income tax on any settlement received for personal injuries.

What is a Traumatic Brain Injury?  A TBI occurs when sudden trauma damages the brain. It can result when the head suddenly and violently hits an object, or when an object pierces the skull and enters the brain tissue. Symptoms vary depending on the extent of damage to the brain. Mild TBI symptoms include:

• Headache
• Fatigue
• Sleep Disturbance
• Irritability
• Noise or light sensitivity
• Balance problems
• Decreased concentration and attention span
• Decreased thinking speed
• Memory problems
• Nausea
• Depression and anxiety
• Emotional mood swings

A moderate TBI occurs when:

• There is loss of consciousness that lasts from a few minutes to a few hours
• Confusion lasting from days to weeks, or
• When physical, cognitive, and/or behavioral impairments last for months or are permanent.

Those with a moderate TBI can make a good recovery with treatment.

A severe brain injury occurs when a prolonged unconscious state or coma lasts days, weeks, or months.  Severe brain injuries are further categorized into subgroups:

• Coma: The individual is unresponsive and unaware, typically with eyes closed. Generally, a coma doesn’t last more than four weeks.
• Vegetative state: The person is unaware of his or her environment, either external or internal, but usually display “vegetative functions”, including normal digestive and sleep cycles.  Their eyes are usually open.
• Persistent vegetative state: This term is used when doctors believe it unlikely an individual will ever come out of their vegetative state. A person is generally considered permanently vegetative one year after a TBI.
• Minimally responsive state: A person shows minimal but definite behavioral evidence of being aware of him or herself or the environment.  This may include responding to simple commands, yes/no gestures, speaking intelligibly, albeit incompletely or inconsistently.  To declare a person minimally conscious, a doctor must find evidence that the patient has at least some level of awareness.
• Akinetic mutism: A person is in a state of apparent alertness, but is unable to move or make sounds.
• Locked-in syndrome: A rare condition in which a person who is conscious and able to think, cannot physically move any body part except the eyes.

Other common symptoms of brain injury include but aren’t limited to:

• Spinal fluid (thin water-looking liquid) coming out of the ears or nose
• Dilated (the black center of the eye is large and does not get smaller in light)or unequal size of pupils
• Respiratory failure (not breathing)
• Slow pulse
• Slow breathing rate, with an increase in blood pressure
• Vomiting
• Lethargy (sluggish, sleepy, gets tired easily)
• Headache
• Ringing in the ears, or changes in ability to hear
• Difficulty speaking, slurred speech, difficulty swallowing
• Body numbness or tingling
• Loss of bowel control or bladder control

According to the Center for Disease Control and Prevention, the leading causes of TBI are:

• Falls 35.2%
• Unknown/other 21%
• Motor vehicle accidents 17.3%
• Struck by/against 16.5%
• Assault 10%

You shouldn’t take chances with a suspected brain injury. If you think you maybe be suffering from one, contact a physician immediately, go to the emergency room, or call 911 in case of an emergency.

Another report by the HHS found that one in seven Medicare patients suffered serious or long term injuries or died because of hospital negligence.  Forty-four percent of those mistakes were preventable. Researchers from Health Affairs, a leading journal of health policy, thought and research, examined patient charts of three top-rated U.S. hospitals and discovered that one in three admissions included some form of injury to the patient.

Only recently have hospitals created safety procedures that take into account human fallibility, making some progress.  The Obama Administration joined the endeavor by announcing a planned expenditure of $1 billion to fund safety measures by hospitals in order to reduce preventable injuries by forty percent.

By implementing safety procedures, hospitals can reasonably be expected to reduce mistakes, such as a surgeon operating on the wrong person or body part.  Still other problems may not be amenable to that approach.  Mistakes with scheduling, marking surgical sites with pens that wash off, and health care workers not washing their hands for example, still prove troublesome.

While hospitals will never be completely error free, there are ways in which a patient can minimize the risks of hospital errors.

• Bring an advocate.  Bring someone who will scrutinize every medication and procedure, question authority, keep cool in a crisis, and keep you calm and your spirits high.
• Bring a notebook. Write down medications, phone numbers of key personnel, and any question that may arise during your stay.
• Bring hand sanitizer. Keep it by your bed to remind you and the staff to keep hands clean.

Don’t make any rash decisions and settle your case early.  The law allows you up to three years to settle your case if you are injured in a car accident.  At Messina Bulzomi Christensen, we tell our clients to make sure they have either completely healed or have arrived at what is called “maximum medical improvement” before they even consider trying to settle their case.  “One who settles early settles foolishly.”  Once you settle a claim, you can’t go back and ask for more money because your injuries have worsened.  At law office we look out for you.  Don’t give into insurance companies high pressure tactics, give us a call and we’ll make sure your rights are protected.

The defective machine

On September 17, 2008, our client Noah Arongaw was trimming book covers for RPI Industries, operating an industrial sized paper cutter.  After completing the covers a co-worker asked Noah to cut a large single sheet of paper.  As Noah positioned the paper with his right hand, the “clamp”, which is used to secure the paper before it’s cut, suddenly slammed down, trapping and crushing his right hand between the clamp and table top of the machine.  The clamp is lowered by a foot pedal located at the base of the unit.  Noah testified, and eyewitnesses confirmed, that his foot was never on, or anywhere near the foot pedal when the clamp unexpectedly dropped, crushing his hand with over 1,000 pounds per square inch of force.  For several agonizing minutes, Noah’s hand remained stuck in the machine.

Noah screamed as his hand was crushed and his coworker rushed back to the machine.  Other RPI employees tried several things to get the clamp to release, none of which worked, including turning the machine on and off, disconnecting the power supply and climbing on the machine with a crow bar to pry the clamp off his hand.  Rescuers were finally able to pry the clamp off Noah’s crushed and bloodied hand.  The injury resulted in the amputation of his middle two fingers and permanent loss of use of his dominant right hand.

Messina Bulzomi Christensen proved that several defects to the cutter were responsible for the malfunction and settled the case for Noah for $290,000.

The idea behind the amendment is for government to remain neutral with regard to religion.  The First Amendment allows the freedom to practice any religion, within certain limitations.   The amendment also prevents the government from officially recognizing or favoring any religion.

Our Supreme Court has interpreted the First Amendment to protect all stances on religious adherence – from the secular to the pious.    Icons of a single religion are not allowed in public, governmental places (i.e., no manger scenes in public schools). This freedom is important to a nation in which a variety of religions are practiced. The rule of law enhances our diversity and, hopefully, our tolerance of others’ religious rights.

All the freedoms given to us in our Constitution and its Bill of Rights are precious and, in many cases, protect unpopular minority points of view against the majority.  They are worthy of defending in perpetuity.

Lawyers look at a number of factors.  One of the most important concerns is the client’s medical prognosis.  Permanent injuries or disabilities increase the value of a claim.  The medical expenses, wage loss and other economic loss play a major role as well.  Liability issues always require attention. There is no set formula.  Each case is different and should receive individual consideration.  Contact our law office for a free consultation concerning your possible persona injury claim.

Here are some quick facts about slip and fall injuries:

• The risk of falling increases with age.
• The risk is greater for women than for men.
• A decrease in bone density contributes to falls and the resulting injuries.
• Failure to exercise regularly results in poor muscle tone, decreased strength, and loss of bone mass and flexibility.
• At least 1/3 of all falls involving the elderly are due to environmental hazards in the home.

In order to be compensated for a slip and fall, you must prove that the property owner was at fault for the injuries sustained. To be held responsible, one of the following must be true:

• The owner or possessor created the condition.
• The owner or possessor knew the condition existed and negligently failed to correct it.
• The condition existed for such a length of time that the owner or possessor should have discovered and corrected it prior to the slip and fall incident.

The law focuses on whether the owner makes consistent and thorough efforts to keep the property safe, clean, and free of debris and unsafe obstacles.  Here are some questions to determine whether the property or business owner may be liable for your slip and fall injuries.

• Had the hazard been there long enough that the owner should have known about it?
• Does the property owner have procedures in place for examining and cleaning or repairing the premises? If so, how is it documented?
• If you tripped over or slipped on an object someone had placed or left on or in the floor or ground, was there a legitimate reason for the object to be there?
• If there had once been a good reason for the object to be there but that reason no longer exists, could the object have been removed, covered, or otherwise made safe?
• Was there a safer place the object could have been located, or could it have been placed in a safer manner without much greater inconvenience or expense to the property owner or operator?
• Could a simple barrier have been placed, or warning given to prevent people from slipping or tripping?
• Did poor or broken lighting contribute to the accident?

Many people don’t realize that some injuries are simply accidents caused by their own carelessness.  An accident could be the combination of carelessness by the injured party and negligence on the part of the property owner.  This is called “comparative negligence”, which means the injured party contributed to the accident. If you question your own negligence, consider the following:

• Did you have a legitimate reason, a reason the owner should have anticipated, for being in the dangerous area?
• Would a careful person have noticed the dangerous spot and avoided it, or walked carefully enough not to slip or trip?
• Were there any warnings that the spot might be dangerous?
• Were you doing anything that distracted you from paying attention to where you were going, or were you running, jumping, or fooling around in a way that made falling more likely?

If you’ve been injured in a slip and fall accident, and are unsure who is liable, you should contact an attorney familiar with these types of cases. Most personal injury attorneys offer free consultations and can tell you if you have a slip and fall claim on your hands.

In Washington State we have what is called “Pure Comparative Fault.” This means the jury will compare the fault of all parties, including you, to determine what percentage of fault each person is responsible for.  Assuming the jury find that you are 30% responsible and the defendant is 70%, you will be able to collect only the 70% of an award from the at fault defendant.

• “Whatever.” This comment is dismissive and shows the officer disrespect.
• “What’s the problem?” If you’ve been pulled over, more than likely you know the answer to that question, and the officer knows that you know.
• “I wasn’t speeding.”  When people say things like this, they’re usually lying and a police officer has heard it so many times he or she may take this as an admission of guilt.  If you know you broke the traffic laws, it’s better to admit it. If you truly don’t know how fast you were going, or what you were doing wrong, say so.
• “Why?”  When an officer asks you to get your license and insurance get it without question.
• “I know_________(fill in the blank with mayor, police chief, or any other public official you think will get you out of your ticket).”  Police officers will not be afraid of your powerful friends and attempting such a power play will increase the odds that you’ll get a ticket.
• “I’m calling my lawyer.”  More than likely you will annoy the officer rather than scare him or her.  If you are a lawyer or the spouse of a lawyer, you should probably keep that information to yourself as well.
• “I’m on my way to____________(fill in the blank with DMV, vehicle inspection, licensing department, hospital, etc.).” Police officers hear this all the time and will assume you’re lying.
• “Others were driving faster” or “I was just following the flow of traffic.” Just because others are breaking the rules doesn’t mean you get to. Making this argument shows a lack of remorse.

Here are some other tips to make your traffic stop as painless as possible:

• You should maintain eye contact with the officer because people who don’t may be perceived as liars, even if you are being truthful.
•  You should also not glare at the officer.  He may feel threatened.
• If you’re wearing sunglasses, remove them immediately so the officer can see your eyes.
• If the officer is wearing sunglasses look directly at them.  This is a psychological strategy.  If he or she can see your eyes, but you cannot see theirs, the officer has a mental advantage over you.
• Don’t make eye contact when you are reaching for something in your car.  You should also tell the officer your actions beforehand.
• Be friendly.  By smiling during a traffic stop, you’re lowering the fears of the officer, greeting them cordially and not showing dissatisfaction or disrespect.

Mainly, if you don’t want to get ticket pull over immediately, be respectful and friendly.  Don’t do anything that could be seen as a threat and think before you speak so you don’t say anything rude or obtuse.

First, make sure a doctor sees your father and treats his injuries.  Second, meet with the nursing supervisors and find out exactly what happened.  Third, request that the center’s fall protection protocol be updated and enforced to prevent this from happening again.  Unfortunately, this situation happens all to often.  We at MBC have successfully handled several nursing home cases and through our efforts we help to protect those who cannot protect themselves.

They’re devoted to teaching skills and techniques that will help us stay organized, as well as to provide products and tools that will make getting the job done more fun and efficient.

Documents on the National Highway Traffic Safety Administration website say there have been eighty-seven complaints of air bags going off by surprise. Nearly 387,000 vehicles are under investigation.

While no deaths have occurred, drivers have reported burns, cuts and bruises.

Forty-two of the incidents involved the driver’s front air bag, with the remaining forty-five cases involving both the driver and front passenger air bags. The occurrences took place both as the vehicle was being started and while being operated. Some of the Liberty owners reported that a warning light came on just before the air bags were inflated.  Others didn’t see any warning light.

NHTSA said that Chrysler inspected the air bag control computer chip and found that it fails due to a possible electrical voltage spike.  The company says no incidents have happened in vehicles made after March 19, 2003. Chrysler has no explanation for this, so they are starting an engineering analysis.

Trial Lawyers are those who focus on representing clients in cases that might end up in trial.  Mostly, it means lawyers who represent victims injured by the fault of other persons, entities or government agencies.  These lawyers fight for justice for people who are often helpless.  We at MBC are proud of the title, “trial lawyer.”

“Greedy trial lawyers” and “frivolous lawsuits” are buzz words of the “reformers.”  Injury lawyers working on contingent fees only get paid if they win.  If they lose, they get no fees and probably will have to eat substantial out-of-pocket expenses.  Why would any trial lawyer file a frivolous case to end up with nothing?  There is more.  A “frivolous” case can be thrown out by a judge.  The courts also have the power to sanction and fine lawyers who file cases that have no basis.  Real trial lawyers do not file frivolous lawsuits.  They know the consequences.

Other problems plague the civil justice system.  One is juror no-shows.  Even though it is a misdemeanor, a large number of those called for duty fail to show up. This makes it difficult to put together diverse juries.  Second, are the clogged courts.  Overburdened and underfunded, courts face dockets involving criminal, civil, and domestic cases and can barely function.  Because of this, injury cases are often postponed.  We have a saying in the law, “Justice delayed is justice denied.”  But delay is now the rule not the exception in personal injury cases.  Third, litigation expenses have exploded, especially in the charges made by expert witnesses. It is not unusual for a highly qualified technical witness to charge $5,000.00 for a retainer and $500.00 per hour.  This gives big business an advantage over the opposition.  This sad fact makes the cost of handling some worthy cases economically unfeasible.

This all may sound gloomy, but there is hope.  There can be true reforms to improve the system.  Trial lawyers and other interest groups should sponsor campaigns to educate the public about the role of tort law and its dual effects of compensating victims and discouraging negligent behavior.  Legislatures should be lobbied to properly fund the courts to reduce stress and congestion.  Courts should employ rules to limit the number of expert witnesses in cases to even the playing field for poor litigants.

Voters should pay close attention to judicial candidates to make sure that the best are elected and be wary of candidates receiving the backing of big-money groups. Policies should be employed to encourage citizens to serve on juries so that it is not a hardship.  There should be adequate facilities, parking and reasonable pay for jurors and procedures for obtaining excuses due to true hardship.   Summoned jurors should be informed that no-response and no-show are not acceptable.  There are other steps that could be taken but these are examples of what we believe are some needed changes.

The United States courts have served the people well for over two-hundred years.   They have been resilient, and will continue to provide justice to our citizens.  Despite problems stated, if all pull together to make sure the courts are properly funded and administered, the next twenty-five years will be fine.  If not, our fragile system of civil justice may collapse.

Yes, the attorneys at the law office of Messina Bulzomi Christensen investigate several areas in drunk driving cases.  The following are the top four sources for recovery.

• Personal injury protection, or PIP, on your personal auto coverage.  This will pay for medical expenses and wage loss.
• The drunk driver’s liability insurance.  If he or she carries liability, we can help you make a claim against the insurance company.
• Your uninsured motorist coverage.  If the drunk driver is uninsured, this will pay all damages including medical expenses and wage loss that would otherwise be the responsibility of the drunk driver.
• The source of the alcohol.  If a bar over served the drunk driver, they too may be responsible for your expenses.

If you find yourself in this situation, call the personal injury attorneys at Messina Bulzomi Christensen for a fee consultation.

The Tacoma News Tribune and local law enforcement offer tips on how to make your home a less desirable target for burglars.

Those who want tort “reform” bend the truth to criticize those who seek justice, the injured, their lawyers, and jurors who make awards.  They hope these attacks will incite politicians and courts to curb awards and perhaps poison the minds of jurors who sit on such cases.  With no knowledge of facts they denigrate large awards as “windfalls,” handed out by “jackpot juries” under the sway of “greedy trial lawyers.”

The truth is that jurors may tend to be suspicious of claimants and are more conservative than most judges would be in the same case.  In most states, including Washington, civil cases are tried in front of a judge unless one party requests a jury.  In almost every case, the defense or its insurance company demands a jury trial.  That makes one wonder, if the “jackpot jury” is nothing more than a fabrication manufactured to influence lawmakers.

We at Messina Bulzomi Christensen understand that many people who have been injured are also out of work and don’t have a lot of disposable income.  We work exclusively on a “contingent fee” agreement.  That means our clients only pay attorneys fees if we are successful in settling your case or winning a verdict at trial.  The fee is contingent upon you making a recovery for you injuries. No recovery, no attorney’s fee. If you were hurt because of the negligence of another call us, we’re here to help.

It’s easier for them to keep people up to date on the status of the person under care, and also asking for assistance when needed.  Some sites have even set up networks in which people can volunteer their time to the elderly.   Popular sites include Lotsa Helping Hands, CarePages, CaringBridge, eCareDiary, CareCentral, and CareFlash.

Local government agencies must exercise reasonable care to keep roads safe during bad weather conditions.  They can do this by plowing, laying down anti-icing chemicals to prevent icing or deicing roads after the ice forms.  Laying down sand, while much less effective, is another option.  The most heavily traveled roads, as well as trouble spots like overpasses, bridges, and curves get first priority for treatment.

During winter weather, it’s always a good idea to check your local traffic report to find out about accidents or road closures before driving in snow and ice.

However, if you have been injured as a result of icy road conditions you should contact a lawyer for consultation.

The Rimrock Trailways bus hit a patch of ice on Interstate 90 about a mile west of Clinton shortly after 7 a.m. Sunday, spun out of control and went into the median backward before rolling onto its left side according to the Montana Highway Patrol.

Those with the worst injuries were ejected when the bus slid on its side and bounced, breaking out the windows on the driver’s side. Four people were pinned under the bus, including the two who died.

The estimated speed of the bus was about 65 mph, and it slid 150 feet when it entered the median, though it’s unclear how long it might have been out of control before that.  The speed limit in the area is 75 mph, but Montana law requires motorists to travel at a speed that is safe for the conditions.

The Sheriff’s Department contends that the bus driver was traveling too fast for the road conditions. One passenger stated that they felt the bus driver was going too fast right before the crash.  The 53-year-old bus driver  survived the crash and has a good safety record.

The crash was one of several reported along that stretch of highway Sunday morning, closing both eastbound and westbound lanes of an 8-mile section of the interstate between Clinton and Turah.

The bus company had not had a fatal accident for 27 years prior to this crash.

The law firm of Messina Bulzomi Christensen has years of experience with motor vehicle accidents.  In a case like this, our attorneys and staff would investigate all avenues with regard to liability.  If the driver were not following traffic laws or the bus company’s protocol, he and the bus company could be liable.  If the government’s road department had an obligation to keep highways and roads free of ice by sanding, salting, or plowing, they could be at fault as well.

If you’re in an injury accident, you should contact an attorney who can help you determine fault and help you get the recovery you’re entitled to.

Tracy Enoch-Jevne, an offender under state supervision, had a lengthy criminal history of more than 20 misdemeanor and five felony convictions, including four DUIs. On the day in question in 1999, she ran over and killed Michael McGuire at a gas station while driving a truck from the passenger seat. Costello and Fischer fail to mention that the offender was supposed to be in jail on that day, serving a sentence for a DUI conviction.

Incompetence by King County and the City of Algona caused her erroneous release from jail two months before she finished her sentence. The state had responsibility to supervise this offender as part of a conviction. She refused to undergo supervision. The state called the offender “a threat to the community” and acknowledged her refusal to submit to supervision, yet did nothing to supervise or apprehend her. As a result, the offender was free to run over and kill McGuire. He left a widow, Susan, and a teenage son, Morgan, without a husband, father and breadwinner.

When public servants plead for special relief and cite facts, they ought to cite the facts accurately and completely. We should expect no less from our attorney general and his subordinates.

Here are some things to keep in mind as you head out this New Year’s Eve:

• Have a designated driver.
• Drop your keys.  If you don’t have a designated driver have someone else hold your keys to keep you from giving into the irrational temptation of driving drunk.
• Pack a bag.  If you drink too much, stay wherever you are until you sober up.  It’s also a good idea to make it part of your plans.
• Take a cab or bus, or look into organizations offering free rides on New Year’s Eve.  Organizations nationwide offer free rides, check Google for rides in your area.
• Don’t depend on coffee.  Coffee is not a magic cure for intoxication.  Time is the only cure.
•  If you’re hosting a party, gather keys and have guests spend the night.

Don’t assume walking is a safe option.  New Years has the highest death rate of pedestrians than any other day of the year.  It’s the walker that’s drunk in over a third of pedestrian fatalities.  Alcohol impairs your ability to walk and navigate, especially in the dark.  If you must walk:

•  have a designated walker
• drink responsibly
• stay on the sidewalk.  If no sidewalk is available, walk facing traffic
• if you plan ahead of time, wear bright colored clothing and carry a flashlight to be more visible to drivers.
• Walk in groups.  This help with visibility also.

Have a safe and sane New Years.

Your friends at Messina Bulzomi Christensen.

Grace Tam

SEATTLE, WA – The family of a girl killed by a truck-sized ice boulder at the Big Four Ice Caves near Verlot, Washington, today filed a lawsuit in Seattle’s U.S. District Court against the U.S. Forest Service. The Forest Service failed to maintain danger signs warning people of the risks of collapsing ice, snow and unstable caves along the trail, the lawsuit charges.

Grace Tam, an 11-year-old Lake Stevens girl, was crushed by an ice boulder on July 31, 2010, while visiting the Big Four Ice Caves located in the Mount Baker-Snoqualmie National Forest. She is survived by her father John Tam, her mother Tamami Okauchi and her brother William, all who were with her the day she was killed.

“This is an avalanche zone and needs to be treated like one,” said attorney James McCor

mick of Messina Bulzomi Christensen law firm, who is representing the family. “Had the Forest Service done its job, Grace would be alive today.” A federal judge without a jury will ultimately decide on the merits and damages of the case because the Forest Service is in a federal jurisdiction, attorneys say.

The Big Four Ice Caves are formed from avalanche snow that collects at the base of Big Four Mountain. The caves and surrounding area are constantly changing from unpredictable avalanches, melting snow and ice.

The year-round snow makes the caves a favorite family destination easily reached by a short, handicap-accessible trail that is popular with families managing children in strollers. The Big Four Ice Caves (Trail #723) is one of the most popular hikes in the Mount Baker-Snoqualmie National Forest with more than 50,000 visitors annually.

“On any given weekend in the summer, it is not uncommon to see hundreds of people clim

bing and playing on the snow formations and even venturing inside the ice caves. Many of these people are entirely unaware of just how dangerous this place is. The heavily manicured trails and volume of human traffic around the caves give families a false sense of safety,” McCormick said.

After replacing the bridge over the Stillaguamish River in 2009, the Forest Service failed to

replace signs warning visitors of the dangerous risks that it had posted in the past, attorneys say. They emphasize there were no such warnings when the Tam family visited in 2010.

Tam’s death represents the second death at the caves due to collapsing snow. Catherine Stockton Shields, a 27-year-old Bothell woman, was killed by collapsing snow at the Big Four Ice Caves on Aug. 2, 1998.

John Tam had stopped to snap a family photo near the caves on the

day Grace was killed. Just as the father started to take the photo, an enormous boulder broke off and rolled down the rocky hill. The truck-sized piece of ice struck Grace, narrowly missing the other family members and exchange students who had joined the family that day.

Grace survived the initial impact, but was critically injured. Family members moved her to a flat rock and immediately began life-saving efforts. Grace told her father that she could not feel her legs. The family frantically tried to keep her conscious by asking her about her favorite teacher, singer and her best friend. Grace told her family

she was thirsty and having trouble breathing. A nurse who was in the area helped perform CPR.

Another visitor immediately left the area to call 911 since there is no cell service near the caves. Records show the caller reached emergency services around 2:30 pm. The Tam family helplessly watched over Grace

while they waited for help. A medical team from Granite Falls did not arrive until 4:15 pm. Grace was pronounced dead at the scene at about 5 pm. The cause of death was a crushed pelvis and other internal injuries.

The Tam family wants the Forest Service to do a better job of protecting families from the dangers of the caves. Grace’s father John has even began volunteering for Snohomish County Search and Rescue to help families in similar emergencies.

“We are heart broken over Grace’s death. And we know her death was preventable. No family should have to endure the senseless agony and pain we have experienced,” said John Tam.

Grace was a fifth-grader and straight-A student at Kellogg Marsh Elementary School in Marysville. She loved to write, draw, keep a scrapbook and play with her dog Sugar, her family says. She was about to earn her red belt in karate and dreamed of opening a shelter for mistreated pets.

The rankings are based on a process that includes client and lawyer evaluations, peer reviews, and additional information provided by law firms.

Clients were asked to provide feedback using a scale of one to five, one being the weakest, five the strongest, addressing expertise, responsiveness, cost-effectiveness, civility, and business sense.  They were also asked whether they would refer another client to the firm.

Attorneys voted on expertise, responsiveness, integrity, cost-effectiveness, whether they would refer a matter to a firm, and if they considered a firm worthy competition.  The ballot was sent to a distinct, geographically diverse group of attorneys listed in Best Lawyers who’ve had consistently high peer reviews over the last several years.

The data was used locally as well as nationally using a tier system.  The first tier includes firms that scored within a certain percentage of the highest scoring firms, the second tier, those that scored within a certain percentage of the next highest scoring firms, and so on.

We’re proud that our attorneys, after this rigorous evaluation process, were chosen as one of the best in their field.  To search other Best Lawyers® click here.

First we’ll answer the question, what is a concussion?

A concussion is a brain injury caused by a blow to the head or body, a fall, or another injury that jars or shakes the brain inside the skull. The brain is surrounded by spinal fluid and protected by the skull. The fluid around your brain acts as a cushion that keeps your brain from banging into your skull. If you’re hit hard enough, your brain can crash into your skull, causing traumatic injuries.

The scariest thing about a concussion, is that there may be no visible signs of injury.
With rest, most people fully recover from a concussion. It takes some just a few hours. Others may take a few weeks to recover. Repeated concussions or a severe concussion may require surgery or lead to long-lasting problems with movement, learning, or speaking.

May of 2009, Governor Gregoire signed the nation’s toughest “youth athlete return to play” law. The law, known as the Lystedt Law, is named after a young athlete who was permitted to return to the football field after a suspected concussion. Lystedt, just thirteen at the time, suffered another blow to the head, which resulted in severe brain swelling, known as second impact syndrome. It left him with a catastrophic brain injury and nearly cost him his life.

According to the law, a youth athlete suspected of receiving a concussion is required to get medical clearance before returning to play. The law is the first of its kind and since its passage, other states have started to follow Washington’s lead.

All youth sports organizations and schools are required to inform coaches, athletes, and parents of the risks of concussion. Coaches are required to remove any athlete from play that is experiencing the warning signs. Warning signs and other symptoms of a concussion include:

• Not thinking clearly
• Slow movement
• Not being able to concentrate
• Not being able to remember new information
• Headache
• Fuzzy or blurry vision
• Nausea and vomiting
• Dizziness
• Sensitivity to light or noise
• Balance problems
• Feeling tired or having no energy
• Easily upset or angered
• Sadness
• Nervousness or anxiousness
• More emotional
• Sleeping more than usual
• Sleeping less than usual
• Having a hard time falling asleep

American Academy of Neurology recommends that any athlete suspected of suffering a concussion be removed from play immediately and be seen by a physician specially trained in the evaluation and treatment of brain trauma

While the State of Washington has been a pioneer in passing legislation to improve safety in youth athletics, an emphasis in preventing head injuries in football has been active for several years.  All levels, from Pee Wee to high school football have made new rules preventing helmet-to-helmet contact using the top or crown of the helmet.

As long as kids play sports, there will always be the risk of concussion. However, knowledge and better understanding of the mechanism of brain injury, as well as improved athletic gear, will reduce these risks and permit competition without the fear of traumatic injuries.

Click here to see the full text of the law.

For guidelines from the WIAA (Washington Interscholastic Activities Association) click here.

Information on other state’s concussion legislation.

Articles and video about Zackery Lystedt:

CBS News

Chicago Tribune

The Zackery Lystedt Brain Project

Other Resources:

Sports Concussions Website

Brain Injury Association of America (The personal injury attorneys of Messina Bulzomi Christensen are proud sponsors of the Brain Injury Association of Washington)

Sports Concussion Institute

Center for Disease Control

Originally, these laws were put in place to change the behavior of individual drinkers, but have morphed into protecting the public from the irresponsible selling of alcohol to minors or visibly intoxicated people.

Under dram shop liability laws, it’s possible for bar owners and servers to be held responsible if they serve alcohol to a minor or someone who is already apparently intoxicated  and that person injures or kills a third party as a result of driving drunk or other incidents such as assaults.  The wounded party must provide evidence that the serving or selling of the alcohol was the proximate cause of their injuries.  If their case can be proven, they are entitled to compensation for their injuries.

Dram shop violations may include:

• Over service of alcohol
• Selling alcohol to a minor
• Selling alcohol without a license
• Selling alcohol without checking ID
• Selling alcohol after hours

The law offices of Messina Bulzomi Christensen have helped victims who have been injured because of the over service of alcohol.

Our law firm represented the family of a teenage girl who died in a head-on collision. The driver had been served an unlawful amount of alcohol at a nearby tavern immediately prior to the collision.  We secured nearly $1 million from the tavern for their liability in causing the death.

In another case, our client’s husband was struck and killed by an underinsured drunk driver. Our lawyers proved that a local restaurant over served the drunk driver alcohol and that he was stumbling drunk when he left. We demonstrated that the unlawful over service by the restaurant was responsible for the drunk driver that killed our client’s husband. The deceased man’s family received a $2 million settlement.

If you’ve been injured by someone who was intoxicated, consider the personal injury attorneys at Messina Bulzomi Christensen.  Call for a free consultation and we’ll find out if you have a dram shop claim on your hands.

“Our investigation of Mr. Boardman’s death found that the Park Service knew this animal was dangerous, documented that this animal was dangerous, and a clear threat to hikers and park service staff for nearly four years,” said John Messina, lead attorney on the case with Messina Bulzomi Christensen law firm. “The Park Service failed to follow its own policies to remove dangerous animals from the park. Their failure to act and either remove or kill this animal according to park policy contributed to Mr. Boardman’s preventable death.” Messina added that the Park Service has killed native species, such as bear and elk when they show aggression toward people. Many of these native species demonstrated much less aggression than Klahhane Billy and require greater cause before culling.

The MBC investigation also uncovered Park Service documents and electronic communications that reveal a consistent pattern of aggressive behavior from Klahhane Billy towards Park Service employees, experienced hikers, Boy Scout troops, families with children and popular campsites. Many of the reports stated that the goat aggressively chased hikers. The Park Service told visitors to handle the goat by yelling loudly and waving their arms or even throwing rocks.

In many instances, Park Service employees even shot bean bags at the goat and used paint balls to mark the aggressive goat in order to track it. In other instances, Park Service employees waved garbage bags at the goat to clear him from the popular switchbacks filled with hikers, Park Service communications reveal. These measures proved ineffective. At one point in 2009, the Park Service discussed more aggressive steps to protect the public from the goat, yet failed to follow through.

The lawsuit states that the Park Service and employees knew the goat was a threat to the public and failed on several fronts:

• Failed to act on numerous documented complaints from park visitors and employees beginning in 2006 and into 2010;
• Failed to follow policies and procedures designed to address dangerous animals such as Klahhane Billy;
• Failed to relocate or kill Klahhane Billy even though he had become a clear threat to the public and was a member of a non-native, unprotected species;

The family filed the lawsuit today after the Park Service rejected administrative damage claims against NPS. A federal judge without a jury will ultimately decide on the merits and damages of the case because the Park Service is in a federal jurisdiction.

Boardman is survived by his wife Susan Chadd and stepson Jacob Haverfield. He was fatally gored by the 370-pound-mountain goat on Oct. 16, 2010, as he hiked with his wife and a friend in the Olympic National Park. The hiking party watched helplessly as the rogue goat guarded Boardman as he lay wounded, preventing anyone from rendering aid. The goat stood over Boardman even after several bystanders and an off-duty National Park staffer appeared on the scene. A National Park staffer radioed the Park Service for advice on how to get the goat to back off of Boardman, finally waving a space blanket. The process of scaring the goat off alone took more than 30 minutes. Attempts to resuscitate Boardman at this time were unsuccessful.

After more than an hour after the attack, a Coast Guard helicopter lowered an emergency medical technician who to tried to revive Boardman, also unsuccessfully. Boardman was later airlifted out of Olympic National Park, but pronounced dead at the hospital. The mountain goat’s horn severed arteries in Boardman’s leg, causing him to bleed to death.

The park service promptly hunted down and killed the goat.

“This was not a random act of nature,” said Chadd, Boardman’s widow. “The Park Service knew this animal was dangerous, but did nothing. My husband’s death could have been prevented. I hope this case changes the way the park service manages dangerous animals.”

In the early 1900s, mountain goats were introduced for hunting purposes to the Olympic National Park before the park received its designation as a national park. They are not indigenous to the area and are considered a non-native species and are not given protected status, according to experts who manage such animals.

Contact:

Sue Evans

253.592.1590

sue@nwmediaallies.com

Here are some of the more common birth injuries that can occur due to carelessness:

Serious Injuries:

Brachial Plexus Injuries (Brachial Palsy):   This happens when the network of nerves that connects the spine, shoulders and hands is damaged.  Damage to these nerves can range anywhere from mild and temporary to severe and permanent.

What are the signs and symptoms?   A weak or paralyzed arm on one side of their body, decreased grip, a startled reaction when the head falls after being released. If the symptoms include bruising or swelling, the situation may correct itself in several months. If there is major nerve damage, corrective surgery may be required and permanent damage often occurs.

Cerebral Palsy:   This is neurological disorders that maybe the result of a lack of oxygen or damage to the baby’s brain during childbirth.  Though Cerebral Palsy may not be life threatening, babies can suffer permanent brain damage for which there is no cure.

What are the signs and symptoms?   Symptoms of Cerebral Palsy may not show right away.  They include muscle spasms, weak muscles, slow development to roll over, crawl, smile, or talk, abnormal or decreased muscle tone, poor coordination, and vision or hearing problems.

Brain Injury:   This can occur when the baby does not get enough oxygen. Oxygen deprivation can happen if the baby loses a lot of blood, or the umbilical cord gets twisted or compressed. Prolonged oxygen deprivation can cause brain damage and a number of neurological disorders, including cerebral palsy, epilepsy, and autism.

Spinal cord injuries: These occur during delivery when excessive traction or rotation is applied and the spinal cord is overstretched. Death or permanent lifelong medical problems result in infants who suffer from these types of injuries during childbirth.

Less Serious Injuries:

Fractures:  Fractures are the most common birth injury, the collarbone the most often injured.  This occurs during difficult or breech deliveries.  Babies usually recover quickly once the bone is immobilized.

What are the signs and symptoms?  A baby will not move the arm on the side of the fracture freely, and the caregiver may feel a lump or roughness in the fractured clavicle.

Cephalohematoma:  This refers to bleeding between the baby’s skin and skull.    This injury will normally resolve within two weeks to three months as the baby reabsorbs the blood.  Jaundice may develop as a result of this birth injury.

What are the signs and symptoms?  A raised bump on the newborn’s head commonly located on the back of the skull.

Subconjunctival Hemorrhage: This is caused by the bursting of blood vessels in the infant’s eyes.  The injury is not very harmful and does not permanently damage the eyes.  It normally clears up within a week to ten days.

What are the signs and symptoms?   One or both of the baby’s eyes will have a noticeable bright red band around the iris.

Bruising and forceps marks:  These are examples of injuries suffered as a result of a traumatic delivery or from the use of forceps or vacuum extraction.  This can also happen as the baby passes through the birth canal.   Most bruises on infants are not long-term problems, although some bruises caused by forceps require surgical treatment.

What are the signs and symptoms?   Bruising, abrasions and forceps marks are normally found on the face or head of the baby.

Caput Succedaneum: This refers to swelling of the baby’s scalp. This may happen if the birth involved vacuum extraction or from excessive pressure through the birth canal. The head usually returns to normal size in several days.

What are the signs and symptoms?   Soft, puffy swelling of an infant’s scalp, swelling extending over the scalp’s midline, and possible bruising.

Facial Paralysis:  This happens when the infant’s cranial facial nerve is injured during labor or birth, which can be caused by epidural anesthesia, forceps, certain medications, prolonged labor, prolonged pregnancy, or traumatic birth injury.  If the facial nerve was only bruised, this type of birth injury may improve within two to three weeks. However, with more severe nerve damage, the infant may need surgery to correct the condition.

What are the signs and symptoms?   When there is no movement on the injured side of the face when the baby cries. Babies with this type of injury also are unable to close the eye on this side of the face.

Remember, not all birth injuries are caused by negligence.  However, if you think your child has suffered injury, disability or death because of the carelessness of the hospital or medical staff, you may want to speak with a personal injury attorney who handles birth injury claims.

SEATTLE, WA – An investigation by attorneys representing the bereaved family of Bob Boardman, a 63-year-old Port Angeles man killed by a mountain goat near Hurricane Ridge last year, shows that the National Park Service knew the goat was a danger for nearly four years before it killed Boardman.

“The park service had received numerous complaints about this goat and its aggressive behavior from hikers and its staff, but did not relocate or euthanize the animal when it became a clear threat to the public. They knew exactly which goat it was because of its enormous size and repeated attacks. This was not a mystery,” said attorney John Messina of the Messina Bulzomi Christensen law firm, who is representing Boardman’s family.

Boardman was gored through his thigh by the 350-pound-mountain goat on Oct. 16, 2010, as he hiked with his wife Susan Chadd and a friend near Hurricane Ridge. The park service promptly hunted down and killed the goat. Boardman is survived by his wife and stepson Jacob Haverfield who also resides in Port Angeles.

“The park service could have prevented Mr. Boardman’s death had they followed their own established procedures for removing dangerous animals from the park. But sadly, they did not,” Messina said. “Mr. Boardman acted heroically trying to protect his wife and fellow hiker who were terrorized by this goat for more than an hour. The goat stood over Mr. Boardman after it gored him and it refused to move. No assistance could be provided to him for a significant amount of time as his poor wife watched helplessly.”

Boardman was later airlifted out of Olympic National Park, but pronounced dead at the hospital.

“This was not a random act of nature,” said Chadd, Boardman’s widow. “The park service knew this animal was dangerous, but did nothing. My husband’s death could have been prevented. I hope this case changes the way the park service manages dangerous animals.”

The family filed required administrative damage claims against NPS. They must wait at least six months before they can file a lawsuit. A federal judge without a jury will ultimately decide on the merits and damages of the case because the park service is in a federal jurisdiction.

In the early 1900s, mountain goats were introduced for hunting purposes to the Olympic National Park before the park received its designation as a national park. They are not indigenous to the area and are considered a non-native species and are not given protected status, according to experts who manage such animals.

In June of this year, Olympic National Park rangers killed a female Roosevelt elk that charged three vehicles and damaged a tent near the Hoh Rain Forest after attempts to subdue its unpredictable behavior failed. Also in June, a hiker from Mason County reported he was threatened by an aggressive mountain goat near Lake Cushman, but was not injured.

Contact: Sue Evans

253.592.1590

sue@nwmediaallies.com

Make sure you stay at the scene.  If you leave, you could be accused of hit and run, even if the accident wasn’t your fault.  This could result in fines, jail time, and/or suspension of your driver’s license.

After the car accident, you should determine the extent of the damage.  Always check the passengers first; the car can wait.

Drivers should exchange information: names, phone numbers, and insurance policy numbers.

Call the police and file an accident report.  They will ask each party their account of the accident, as well as find out if any injuries have occurred.

Sometimes, the responsibility for a serious car accident isn’t obvious.  If there are accident injuries, an attorney should be involved.  Attorneys are able to analyze the details of car accidents, finding where the blame rests.

Insurance companies and manufacturers are obstinate when fighting large claims.  They don’t want to give their money away, after all.  An attorney can provide the experienced legal help you need to find justice when confronting these powerful entities.

Accident attorneys often rely on a large network of private investigators and national automotive and mechanical experts to evaluate every aspect of a serious injury accident, examining all possible causes, from the condition of the road, to vehicle defects, to the individuals involved.

Any attorney at the law offices of Messina Bulzomi Christensen can assist you with your motor vehicle claim.

We have the resources and experience to confront insurance companies and the passion to win a fair compensation for your injuries.   If you’ve been injured in a car accident, call now to set up your free consultation.

Nothing can replace supervision when it comes to a child’s safety around water, but supervision can and does fail unfortunately.  Many of the parents who have lost a child to accidental drowning were responsible, caring parents.  Safeguards must be put in place to ensure your child’s safety around swimming pools.

Barriers around a pool are not necessarily child proof, but they add a layer of protection if your child strays from supervision.  This will give a parent additional time to find the child before accidents and injuries can occur.   Barriers can be a fence, wall, or an automatic safety cover for the pool.

If you surround your pool with a fence, make sure it is climb resistant.  It must be at least four feet high and have no footholds or handholds allowing a child to climb it.  There should be no more than four inches between vertical slats.  You would be surprised how little space a small child needs to slip through something.  If you use chain link (which are not recommended as pool fences), make sure the diamond shape spaces are no more than 1 ¾ inches.  The fence gate should be well maintained, self-closing, and self-latching.  It should only open away from the pool.  Gate latches should be higher than a child can reach, at least fifty-four inches from the bottom of the gate.  Always be sure to keep “staging platforms” such as tables and chairs away from the fence.

If you have an above ground pool, always keep children away from the steps or ladders.  When the pool is not in use, lock or remove ladders to prevent access by children.  Again, make sure there are no “staging platforms” near the pool.

If a house wall happens to be part of the barrier around the pool, the doors leading from the house to the pool should be protected with an alarm that sounds when a perimeter door is open.  Doggy doors in houses with pools should not be used.  They are attractive to children and have contributed to dozens of drowning accidents.

Automatic pool covers should cover the entire pool so a child cannot slip under them.  They must also be able to withstand the weight of two adults and a child in case someone falls onto the cover.  Remove standing water from the top of the pool cover, as a drowning can occur in a very small amount of water.  Floating solar covers are not safety covers. Also, when covering or uncovering the pool, be it safety cover or floating cover, make sure it’s either all the way off, or all the way on.

There are also floating pool alarm devices, subsurface pool alarms, and personal immersion alarms available.  The downfall with the floating alarms is that the water must be disturbed enough by the fall to set off the alarm.  If a child quietly walks down the steps into the pool, they may not disturb the alarm, but if a child were to fall in the pool, the alarm would sound.  Also, the floating devices can be set off by wind, rain, and light debris.

A subsurface pool alarm detects disturbances beneath the surface.  These are more reliable than their floating counterpart, and less susceptible to false alarms.

The personal immersion alarms are worn on the child.  When the sensor gets wet, it sends a signal to a base and an alarm sounds.  These can also be used for pets.  These alarms don’t prevent the child from accessing the pool; they just alert those nearby that an accident may be occurring.

Have your toddler trained for pool survival when he or she is able to crawl or walk to the pool.  Toddlers should be taught to negotiate to a wall or steps and to get out of the pool.   A child can also be taught to roll over and float on his or her back.  Toddlers will need to be re-taught these skills after inactive swimming months.

Aside from these protective measures, here are some guidelines to follow to ensure your child’s safety around a swimming pool.

• Never allow your child to swim alone without adult supervision.  Make sure an adult maintains visual contact with children in a pool area.  Many children have drowned because a parent was doing chores, socializing, or left quickly to answer the phone.  An older child is not a substitute for adult supervision.
• Keep your pool clean.  A cleaner pool means that if a child falls in, they will be more easily seen.
• Keep toys away from the pool when not in use.  These items could draw your child to the pool when they otherwise would not go near it.
• Do not allow your pool area to be used as a play area.  Use the pool area for swimming only.
• Do not let children without knowledge of swimming go in or around the pool.
• Keep a lifesaving device near the pool.
• Be conversant in CPR techniques and have older kids and babysitters take CPR courses as well.

Diving can pose a danger in itself.  Serious spinal cord injury, brain injury, or death can occur to swimmers who dive into shallow water or hit their head on a diving board. Generally, home pools should not have diving boards, as diving into almost all home pools is hazardous, because of potential head strikes on hard surfaces.

• If you must dive, make sure you check how deep the water is before diving.  Enter feet first, especially when going in a pool for the first time.
• Never dive into above ground pools.  They are usually not deep enough.
• Never dive into the shallow end.
• Never dive through inner tubes or other pool toys.
• Take classes on diving to learn how to do it properly.

If you follow the above guidelines and safety measures, you may be able to save a child from injury accidents and drowning, but remember, supervision is the best way to keep children safe around and in a swimming pool.

Keep in mind, the swimming pool manufacturer could be responsible for accidents if their product is not up to safety standards.  If this happens to you or a loved one, speak to an attorney about your rights.

Sources:

HealthyChildren.org

PoolFence.com

About.com

These accidents happen all the time.  Take this scenario, for instance: Good Samaritan stops for a pedestrian, who begins crossing the street; another, less compassionate driver fails to observe this act of kindness and continues on his path, causing an accident.   In Chris Page’s case, it was in this way the accident that injured him happened.  One June day, as he usually did after work, Chris Page stood waiting to cross the street in downtown Seattle, on his way to catch the bus home.  That day, someone kindly stopped their vehicle to allow him to pass.  Little did he know, the driver in the next lane over was not so considerate and was about to cause an accident in the intersection and change Chris’s life forever.  He had just enough time before the accident to see the car in the next lane barreling at him.  He was knocked off his feet, into the windshield and through the air.  When he finally crashed into the pavement, Chris was sixty feet from the crosswalk he had been in seconds ago.

When EMTs arrived at the scene, they immediately began assisting Chris with his injuries.  They rushed him off to the hospital to treat his severely fractured tibia and test for brain injuries and internal bleeding.  His stay at the hospital was extended, and three surgeries were performed on Chris’s left leg in the days after the accident.  In total, Page spent four days at Harborview and the next nine months in and out of doctors’ offices and attending seemingly endless physical therapy appointments.

After nearly a year of follow up doctor appointments and rehabilitative therapy, Chris was starting to feel somewhat better physically.  Though no brain injuries were detected, it became clear, unfortunately, that Chris was also suffering from post-traumatic stress disorder and struggling to cope with severe anxiety any time he neared the scene of the accident or had to cross the street.

As he focused on his recovery, the cost of Chris’ accident continued to mount.  Even with insurance to help with the medical expenses, Chris was left holding the bag for copayments for doctor visits, over the counter medications and time off from work.  The experienced personal injury attorneys at the law office of Messina Bulzomi Christensen helped Chris get the result he deserved so he could start to rebuild his life.

There are many ways in which you could be injured in a pedestrian accident, even if exercising caution.  The top-ranked attorneys at Messina Bulzomi Christensen specialize in this area of accident and injury law.  If your walk home turned to a tragic accident in Washington, call now for a free legal consultation.

John Messina and Steve Bulzomi were also among the top 100 lawyers in Washington State.

Our newest partners, Jeremy Johnston and James McCormick, were once again named Rising Stars in the Personal Injury category.

Super Lawyers and Rising Stars are selected through a multiphase process that includes nominations, Super Lawyer evaluations, and peer evaluations.

The top 100 received the highest point totals in the Washington Super Lawyers 2011 nomination, research, and blue ribbon review process.

Congrats to all of the attorneys at MBC, among the best attorneys in Washington State.

I began law school 46 years ago.  Much has changed since then, but much has remained the same.  I would like to give some advice to the lawyers of the future, for what it is worth.

First, if money is your motivator, forget it.  The law can be rewarding but there are easier ways to make a good living.  Your motivator should be an obsession for justice, the zeal to right wrongs, and a passion to make a difference in people’s lives.

As every new law student has heard, “The law is a jealous mistress.”  Believe it!  As a lawyer you will have to make compromises and sacrifices with your family and your personal life, if you are to be a great lawyer.  The law is not a place for the faint-hearted, so be around people who understand how demanding a career in law can be or educate them to that fact.

Some things are not fully taught in law school, such as trial practice.  Go to the courthouse and watch excellent lawyers ply their craft.  Take a part-time or summer job in a court or a litigation law office to get real life, real time experience about how trial firms operate.

Treat every course as preparation for the bar exam, no matter now tedious or boring.  Keep your notes as they will be the best bar refresher you will have.  The bar exam is everything and every day you are in law school is preparation for that.  Once you have passed, you are admitted to the greatest profession on earth and will have a chance at a wonderful and rewarding life.

Most importantly, pay attention to the rules of ethics and their function.  We in the profession do not tolerate breaches of those mandates, whether purposeful or not.

I hope these musings are of some importance to those striving to become members of that wonderful group called simply “the bar.”

Millions of pounds of the chemical are produced each year in the U.S, and it is one of the three most widely used. Chlorinated Tris is believed to be harmful to consumers by the National Cancer Institute, The World Health Organization, and the Consumer Product Safety Commission. Aside from being a cancer hazard, it’s also caused reproductive problems, developmental defects, anemia, live failure and eye and skin irritation in lab animals.

Manufacturers are not required to disclose which flame retardants they use, so you won’t know if your product contains the chemical until you have the item tested, which is costly and time-consuming. Under current law, it’s difficult for the Environmental Protection Agency to ban or restrict chemicals. California has the strictest laws regarding flame retardants, including exempting strollers, nursing pillows, and baby carriers from the flammability standard, so foam makers ten to follow California law.

Aside from foam, chlorinated Tris has been found in high concentrations of indoor dust, in hospital wards, most likely from mattresses, in lakes and rivers throughout the country, and human fat tissue. You can absorb the chemical through the skin, but since it is also found in household dust, it can be ingested by people and pets.

What can you do to limit your child’s exposure to this dangerous flame retardant and other such dangerous chemicals? Check out websites such as healthychild.com. They offer a safe, non-toxic, organic product guide for your child.

If you think you or a loved one have suffered illness relating to products containing chemical claim retardants, don’t hesitate to call MBC for a claim evaluation.

Radiation is used in tests such as CT scans (or “cat” scans, computed tomography), PET scans (positron emission tomography), and x-rays, to help diagnose medical problems.  It’s also used in mammograms to diagnose breast cancer and in DXA scans to diagnose osteoporosis.

Imaging tests and targeted treatment that utilize radiation are an essential part of modern medicine, in which, for many patients, the benefits outweigh the potential risks.  The problem is excessive medical testing.  Experts say about one third of diagnostic tests are unnecessary.

While cancer treatments use well targeted beams of radiation that only affect problem spots and leave surrounding healthy cells alone, medical tests like CT scans cover a more broad area, damaging the healthy cells along with the cancerous ones.

Too much radiation can cause both short and long-term problems.  Short-term problems could include nausea, vomiting, diarrhea, fainting, hair loss, and burns or flaking skin.  Overexposure over a period of time could cause chronic illnesses such as cancer, ultimately resulting in death.  Radiation is a hidden danger because you don’t feel it and any damage that might occur could take years to manifest.  Children and the elderly are affected the most because they have less of a tolerance to the effects.

So, how much is too much?  That’s a hard question to answer because most of the data has been taken from studies of Japanese atomic bomb survivors and the Chernobyl nuclear power plant accident victims who had excess cancer risk after being exposed to 50 to 150 millisieverts (mSv, a measure of dose) of radiation.  A CT scan involves 10 to 20 mSv.

It’s estimated that 4 million Americans get more than 20 mSv a year from medical imaging.  A Columbia University study states that, in a few decades, two percent of all cancers in the U.S. might be due to radiation from CT scans given now.  Since it’s said one third of these tests are unnecessary, 20 million adults and 1 million children are unnecessarily being put at risk.

So, why are doctors overusing imaging testing, especially when tests that don’t use radiation such as ultrasound and MRI are available?  There are many reasons.

• Accuracy and ease of use.  The scans have replaced doctors having to do exams and make diagnoses.   Higher levels of radiation also get clearer images.
• Patient pressure. If patients want something done to figure out if something’s wrong, doctors order tests.
• Lack of communication between doctors.  One doctor, for example a specialist, may not know that the regular doctor had ordered the same test.  It’s often easier for the specialist to order another test than to figure out how to get the one that was already done.
• Insurance.  X-rays are often required by insurers as proof of a diagnosis.
• Availability.  Smaller hospitals may not have an ultrasound tech on duty at times, but the imaging machines are always there.
• Treatment choice.  Angioplasty requires more imaging and radiation than bypass surgery.  It’s the same with virtual colonoscopy.

What should patients do to avoid radiation overdose?  First, keep track of all your medical tests, list the date of the test, the type of test, and what was being tested.  Question every scan.  Don’t assume you need an imaging test just because your doctor says you do.  Here are some questions to ask about radiation scans:

• Is it really needed?  How will it change my care?
• Have you or another doctor done this test on me before?
• Are there alternatives like ultrasound or MRI?
• How many scans will be done? Could one or two be enough?
• Will the dose be adjusted for my gender, age, and size? Can we use lead shields to keep radiation away from places it can do harm?
• What is the dosage (ask the technician to confirm, just to make sure both answers are consistent)
• Do you have a financial stake in the machines that will be used? (Physicians who own CT scanners order three times more radiological tests than physicians without a financial stake in the exams).
• Can I have a copy of the images and information on the dose? (If they say no, ask to talk to an administrator.  You own your medical records and have a right to them)

If you begin to show symptoms of a radiation overdose after you’ve had an imaging test, get confirmation from the doctor that you were indeed overexposed.  As a victim of radiation overdose, you could potentially file a medical malpractice claim (or product liability claim if the overexposure was because of a machinery malfunction). Then speak to an attorney to determine if you have a case.

Sources:

Press Telegram

About.com

The Bottom Line

“Bad Faith” defined, is the fraudulent deception of another person; the intentional or malicious refusal to perform some duty or contractual obligation.  This term is used often in relation to insurance companies.  They, by law, are expected to act in good faith and fair dealings with the people they insure.  Unfortunately, that is not always the case.  Some insurers deny legitimate claims without a valid reason.  This is called Bad Faith Insurance.

These types of insurers will try to wear you down.  They want you to feel like you have no recourse, and hope that you will ultimately give up.  Some bad faith tactics include:

• An attempt at refusing to pay all or part of your medical bills
• Delaying investigating your claim
• A twenty-four month limitation on benefits for mental and nervous conditions
• Knowingly applying the wrong legal definition of disability when denying claims
• Purposely targeting high cost claims for denial
• Misuse of claimant’s medical records

Luckily, the insured does have recourse when it comes to bad faith insurers.  If this happens to you, write your State Department of Insurance.  Every state has one.  Go to their website, find the right representative, file a complaint in writing, and get confirmation that it is on record.  Keep a record of all dealings with your insurance company.  Keep a paper trail.  Also, exercise your rights and request copies of your medical records.

You should also contact an attorney that has experience with bad faith insurers.  You may be able to sue your insurance company on a tort claim.  Not all disputes with insurance companies fall into the “bad faith” category.  Insurers are allowed to question and investigate claims, but an experienced attorney will be able to determine if you are entitled to compensation for punitive or exemplary damages.

Just recently, MBC attorneys Steve Bulzomi and Jeremy Johnston a verdict was received against an insurance company in a claim for underinsured motorist benefits for injuries received by one of our clients.   The case isn’t over yet. The insurance company’s failure to put the interests of its insured, ahead of its own has exposed it to liability under Washington’s Insurance Fair Conduct Act. The handling of this claim typifies the company’s approach to many meritorious cases.   MBC looks forward to holding them  accountable.

Facebook’s privacy settings are complex and updated frequently.  You may not have as high a level of protection as you think, or it may be outdated.  Even if your information is “locked” or marked “private”, it could still be used as admissible evidence.  This includes deleted information. Remember, cyberspace is forever.

Not only should you worry about what you post, but also what your friends are posting about you.  Even the simplest photos, for example, a day at the beach, or drinks in a bar, can be taken out of context to suggest perhaps that an injury isn’t as severe as the plaintiff claims.

With technology advancing the way it has, the courts have to weigh in the discoverability of social media content.  Attorneys must act accordingly and should start including social networking as part of their litigation strategy.  Objections can always be made, but can also be overruled.

Clients are being Googled by their own attorneys and opposing counsel alike, to see if there is anything available to either strengthen or damage their case.  Even judges have resorted to social media as evidentiary support of their opinions.

If you can’t stay away from your social media sites, there are some things you can do to protect yourself.

• Don’t post anything about your injury until you’ve consulted an attorney.
• Assume that anything you post online is public and anyone can find it.
• Think before you post.
• Don’t talk about your activities.
• Use caution posting photos.
• Ask friends and family to avoid mentioning you.

Even the most innocent photo or post can be taken out of context, misconstrued, and could cause problems.

If you have a pending personal injury lawsuit, keep in mind every tweet, every blog post, and every Facebook update could be potential evidence.  Post with caution.

Common complaints about doctors who commit medical malpractice include:

• Error in anesthesia
• Mistake during childbirth
• Surgical errors
• Unnecessary surgery
• Wrongful death
• Incorrect diagnosis or misdiagnosis

Medical negligence, on the other hand, occurs when a medical professional fails to do something that should have been done.

Examples of medical negligence include:

• Failure to revise a diagnosis
• Failure to warn patients of the risks of treatment
• Failure to remove surgical instruments from a patient’s body during surgery
• Failure to attend to or treat a patient
• Incompetence
• Failure to refer a patient to a specialist relevant to their disease or injury
• Wrongful diagnosis

You, as a patient, have certain rights.  Refer to our blog on patient’s rights to find out what they are.

If you feel you’ve been a victim of malpractice of negligence, you should contact a personal injury attorney who specializes in those practice areas.  Some things to keep in mind when looking for a medical malpractice/negligence attorney:

• The attorney can advise whether the case is worth pursuing.
• Most attorneys experienced in this area of practice work on a contingency fee basis, meaning no fees are collected unless you win your case.
• Be wary of attorneys who require money up front.
• Attorneys experienced in medical malpractice/negligence know how to cut through the red tape required in order to resolve your claim.
• They will utilize medical experts to assist in proving your case.
• An experienced medical malpractice/negligence attorney will not be misled by insurance company tactics and will not force you into an unfavorable settlement.

If you are the victim of medical negligence or malpractice, never settle with an insurance company before speaking to a personal injury attorney.  You can always contact the law offices of Messina Bulzomi Christensen for a free consult.

There are several reasons misdiagnosis can occur.

• A failure of the medical professional to consider all possibly diagnosis.  If the diagnosis is wrong, the treatment recommendation could also be wrong, causing further illness or debilitation.  The treatment the patient really needs is delayed or never takes place.
• Lab test results are not ordered or followed up on.
• A patient sees several different heath care providers who do not communicate with each other.
• Patients to not provide a complete health summary and history.
• The patient is told nothing is wrong even though the symptoms suggest otherwise.  This is also referred to as “failure to diagnose”.
• The patient is told there’s a problem, but no medical problem really exists.
• Clinical sloppiness, such as skipping elements of a physical or misreading tests.

How do you prevent misdiagnosis?  Be an active participant in the process.

• Describe your symptoms clearly and completely.
• Ask for your diagnosis from your doctor.  Have them name the condition and ask for the reasons he or she suspects that particular diagnoses
• Ask if there are any other possible diagnoses for you symptoms
• Enlist a friend or family member to be an advocate.  He/she can be a second set of eyes and ears.  They can take notes on your conversations with your doctor.
• Create a list of your symptoms.  Record the time of day the symptoms occur and what makes them better or worse.  List what you’ve tried to do to make them better.
• Make sure your medical history is up to date, including medications and dosages, over the counter medications, and supplements and allergies to medications.  List current and past medical conditions and surgeries.  Get copies of recent test results.  Make copies of everything so you can present them to each doctor you see.
• Follow up on your test results.  If in the hospital, ask your doctors for the results of your tests.  Write them down or have your advocate do it for you.  Ask for copies of the test results if you see a doctor in the office.
• Research your condition or diagnostic tests online or at your local library.  If you’re in the hospital, ask y our advocate to do it for you.
• Get a second opinion.  You can ask your doctor, friends, or family for a recommendation.
• Ask for lab tests to be repeated.  Not only doctors make mistakes, so do radiologists, pathologists, or other lab technicians.
• Speak up.  Ask questions. Research.
• Trust your intuition.  If you feel you’ve been misdiagnosed, look for evidence to support your feelings and discuss them with your doctor.

Misdiagnosis can be a deadly mistake.  For example, we handled a case involving a healthy, 80 year old woman who was admitted to a Tacoma hospital for vomiting of about three days’ duration.  Her treating physician failed to promptly diagnose that she was suffering from a bowel obstruction.  Over several days, despite her severe symptoms and rapidly declining health, her doctor failed to run proper tests or consider other diagnoses.  She ended up dying in the hospital without ever receiving the correct diagnosis.

Take precautions to prevent this happening to you.

When I was a young mother, I had just dropped my infant son off at his aunt’s house (thank goodness) and headed to work on I-5 North from Lakewood. I tried to exit at 38^th St / Hwy 16 where the right lane used to go onto I-5 North towards Seattle.  The cars in front of me were not moving and I was at a complete stop in the merging traffic when the person behind me rear-ended me going about 60 mph.  He did not even attempt to slow down before hitting me.  I saw him coming but there was nowhere for me to go.

My car was hit so hard that it passed the three or so cars in front of me on the left.  However, since there was no lane for me to drive into or anywhere for my car to go, I was catapulted up in the air and flipped over a few times.  I landed with my car facing the opposite direction in which I was traveling and on its side, driver side down and passenger side up.  My driver window was rolled down and I had to stand on the concrete and jump up to unlock my passenger door so whoever was trying to rescue me could get me out.

Somehow my son’s car seat flew out of the car and landed on the road along with some baby toys.    The man who hit me told a witness on the scene to tell me he was very sorry and he left the scene as soon as he could.

I suffered with back and neck sprains and strains.  My hand was sprained and bruised.   I had burning pains in my neck and headaches, dizziness and nausea for a while.

The chiropractic treatment I had to go through was very painful.  After, several months, I could walk straight and the headaches went away and I accepted that it was the best it would get.  My doctor told me I would probably end up with early arthritis and have neck pain for the rest of my life.

After all this, I never thought to get an attorney!  Even though the other driver was totally at fault and had insurance, I accepted only $500.00 from his insurance company before I had even recovered from my injuries.  As it turns out, I do still have neck pain and now bone spurs, most likely from this incident over 20 years ago!  If I only knew then what I know now, I would have sought the expertise of an attorney like the lawyers I work for here at MBC.

SEATTLE       SPOKANE                 TACOMA

WHITE POP.              70%                 89.5%                          69%

BLACK POP.             8.0%                2.1%                           11.2%

HISPANICS               5.0%                3.0%                            6.9%

ASIANS                     13.1%              2.2%                            7.6%

OVER 65                    12%                 14%                             11.9%

UNDER 18                 15.6%              24.8%                          25.8%

Whatever might be Tacoma’s shortcomings, it is the most diverse and youngest of the state’s big cities.  Only one statistic stands out as inconsistent with the rest.  Why does Tacoma have only half of the percentage of Seattle’s Asian population?  The answer may lie in two dark periods of the history of Tacoma and the United States.

The first such incident occurred in the late 19^th century, in 1885. It involved mobs (including police personnel and elected officials) expelling Chinese immigrants from the city. In October 1885, protesters in Tacoma announced that all Chinese in the city would have to leave by November. In early November, a mob of whites, led by the Tacoma Mayor Jacob Robert Weisbach and backed by the Tacoma Police, moved into Chinatown and ordered that the residents leave the city. The mob marched the Chinese to a railroad station and stuck them on a train to Portland.  There were several arrests and prosecutions of the mob, but the Chinese left – many forever.  Tacoma became a pariah to the Chinese.  What became known as “The Tacoma Method” was successful, but Tacoma lost in the end. The city lost productive Chinese residents who could have contributed much to the wider community. There were no Chinese again in Tacoma until the 1920s, for they were discouraged for decades from coming to town and Tacomans actively campaigned not to allow Chinese to locate there.

A few years back Tacoma began a reconciliation project with the Chinese and all Asians.  It has led to the construction of a park on Tacoma’s waterfront, where sits a pagoda donated by the people of China.  This park hopes to heal wounds over a century old and to welcome future Asian citizens to Tacoma.

There was a second event, which was not the fault of Tacoma.  In the early decades of the 20^th century, there was a thriving “Tokyotown” in Tacoma, on the face of the hill west of downtown. After the bombing of Pearl Harbor, hysteria ruled and loyal American citizens of Japanese origin or descent were hauled off to what has become known as “concentration camps.”  Tacoma lost hundreds of Japanese families who were relocated to distant parts of the United States.  Many stayed and never came back to the west coast.

Tacoma is a diverse city, but one can only imagine how much more diverse and energetic it could have been, had not prejudice intervened so many years ago.

• Keep the lines of communication open and attempt to maintain a friendly relationship with your ex and his/her family.
• Encourage kids to talk to you about what’s going on in their lives.
• Have your child memorize your phone number, including area code and teach them how to contact you or close friends.
• For younger children make sure they know their full name, your full name, address and phone numbers and make sure they know how to use cell phones, home phones, and pay phones and that they know how to call 9-1-1.  Have them practice calling your house and cell numbers.
• Tell them you love them and will always want to see them no matter what anyone else says.
• If you hear a family member talk about taking a child, collect their pertinent information, such as social security numbers, credit card and bank account numbers, photos, license plate numbers, etc. and keep them on hand.  Also record and document threats then report them immediately to family court or your lawyer.
• Address legal issues.  Have a valid custody order and parenting plan and do it quickly.  Don’t assume anything.  Respect the other parent’s custody and visitation rights.
• Notify schools, daycares, health care providers, and baby sitters of custody orders.
• Keep ID document for each child.

There are many reasons parents kidnap their own children:

• To force a reconciliation or continued interaction with the other parent.
• To punish the other parent.
• From fear of losing custody or visitation.
• To protect the child from a parent who is alleged to have molested, abused, or neglected the child.

Here are some warning signs for a parental abduction.  The parent:

• Has threatened abduction or has abducted the child before.
• Is suspected of abuse and the suspicions are supported by family and friends.
• Is paranoid, delusional, or sociopathic.
• Is a citizen of another country and is ending a mixed-culture marriage.
• Feels alienated from the legal system and has family/support in another community.
• Has no strong ties to the child’s home state.
• Has no job, is able to work anywhere, is not financially tied to the area.
• Is planning to quit a job, sell a home, closing bank accounts, applying for passports, and obtaining school and/or medical records.

One of the most important things for law enforcement to have in case of abduction is a photograph.  Have many current, good quality pictures of your child.  Full-face photos are best.  If possible, the picture should be digital as it’s quicker to get into the hands of law enforcement.  The photo should not be posed or “glamorized” so that it’s an accurate depiction of your child. The photo should be large enough that you can write a description of your child on the back, such as hair color, eye color, weight, height and any distinguishing characteristics, such as scars or if they wear glasses or have braces.

If your child is abducted, by a family member or stranger, act immediately.  Time is of the essence.  Seventy-four percent of abducted children who are murdered are killed within the first three hours of their kidnapping.

What to do:

• If your child is missing from home, search the house. Check closets, laundry piles, in and under beds, inside large appliances, inside vehicles, including trunks, anywhere a child may crawl or hide.
• If you still cannot locate your child, immediately call 9-1-1.
• If your child goes missing in a store, notify the manager or security.  Then immediately call 9-1-1.  Many stores have a plan of action for missing children.
• When calling law enforcement provide your child’s name, date of birth, height, weight, and any other identifiers.  Tell them when you noticed your child was missing and what he or she was wearing.
• Request your child’s name and identifying information be immediately entered into the National Crime Information Center (NCIC) Missing Person File.
• After calling law enforcement, call the National Center for Missing and Exploited Children at 1-800-THE-LOST or you can use their Live Hotline on their website.

For more information visit:

The Polly Klaas Foundation

National Center for Missing & Exploited Children

The attorneys at MBC handle both wrongful death and government liability cases. When death occurs as the result of negligence, the law allows survivors to claim monetary damages for the death of a family member.  Wrongful death cases are difficult and complex, emotionally and legally. It’s important to help family members manage the emotional aspects of such a case and receive the greatest compensation the law allows.  In a wrongful death case, you not only have to establish how the death occurred, but who is at fault.  A government liability case is one in which local, state and federal governments cause injuries. They are held responsible under the law, just as individuals and companies are.

Having this tragedy back in the news brings up the issue of child safety.  Kidnappings are on the decline, but still it’s a parent’s worst nightmare.  Each year, between 200 and 300 children are taken in stereotypical kidnappings, but the majority are taken by a parent.

Still, parents can’t help but be worried about their child’s safety. The National Center for Missing and Exploited Children (NCMEC) urges parents to be alert, but not give into fear.  They also thing our children should be educated on stranger danger without terrifying them.

Here are some tips they give for keeping your children safe:

Always know where your children are, especially young children.

• Don’t let them go out alone.  Remember there is safety in numbers.
• Know who they’re with.
• Speak openly with them about their safety.
• Practice what you talk to them about.  Go over scenarios and ask your children what they would do in that situation.

Also, when you tell your children not to “talk to strangers” they may get confused.  Younger children tend to think of “strangers” as mean looking, scary, creepy people.  Many molesters know this and purposely dress nice to lure children more easily.  Children may also get confused when parents say “hi” to strangers in passing and chat with a store clerk.  They may think if their parent has spoken to someone, then that person is not a stranger, and if their parent talks to stranger then they can too.  Also, if you tell your child not to talk to strangers and they get lost, how are they going to find help without talking to a stranger?

So instead of telling your children not to talk to strangers, teach them to watch for dangerous adult behaviors by telling them:

• If any adult or older child offers you anything without asking, step way back, yell, “NO!” and run away.
• If any adult or older child asks for you help without asking a parent first, step way back, yell “NO!” and run away.
• If any adult or older child asks you to keep a secret, step way back, yell “NO!” and run away and tell.
• If any adult or older child touches your private parts (parts covered by a swim suit) or asks you to touch your private parts or someone else’s, step way back, yell “NO!” and run away and tell.

Kids have the right to say no to a grown up.  We teach our children to be polite.  They may feel that it would be rude to say no to an adult.  If they’re scared, urge them to talk to a trusted adult, mom, dad, a counselor, or teacher.

Also, teach your children ways to identify people they can ask for help like a store clerk or women with children.  Always reassure your children that you won’t be mad at them and will always love them even if they make a mistake.

If you find you have sex offenders in your area you definitely don’t want to terrify your child, but you want to teach them skills to keep them safe.  Show your child a photo of the offender.  For younger children, tell them that person has tricked people before and if that person tries to talk to them they should take three steps back, run away, then tell a parent or another trusted adult.

Here are some websites that will enable you to find the sexual predators in your neighborhood.

US Department of Justice National Sex Offender Public Website

The FBI Sex Offender Registry

US Immigration and Custom Enforcement Child Exploitation/Operation Predator

Take precautions to keep your children safe, stay alert, and teach your children the skills they need to keep themselves safe.

On Thursday we’ll talk about parental abductions and what to do if your child is abducted.

More than 3,500 restaurants donate a portion of their proceeds from this one special night of dining to the licensed agency in their city. Nearly $4 million dollars a year is raised to support the missions of agencies throughout North America.

The beneficiaries from the South Sound are the Pierce County AIDS Foundation and the United Communities AIDS Network If you can’t dine out tonight, you can also donate to these agencies.

MBC is participating by eating lunch at the Adriatic Grill. Click here to find participating restaurants in your area.

The law is a powerful force for good in the United States.  Lawyers are major players in preserving that rule of law.  Lawyers help people navigate the legal waters, sometimes for no pay. Many lawyers actively participate in the needs of the greater community, giving of their time, money and talents, participating in free legal clinics and pro bono work.  Yet, lawyers as a profession are not held in high regard in the general population.

We at MBC are concerned about the image of lawyers in the United States.  Recently we sent out a blog regarding how well we police our own and how we punish or get rid of unethical lawyers.  Still we hear jokes that bite into our professional pride: “Between grand theft and a legal fee, there only stands a law degree.” This goes back to ancient times, when Tacitus, the Roman historian, remarked, “Never was any item so openly sold as the perfidy [treachery]of lawyers.”

Why is it like this?  Certainly there are a few bad lawyers who harm people, but that is true in any line of work.  As noted, we have a way of dealing with them when their conduct breaches our ethical rules.  But it goes beyond that.  Remember, almost every case a lawyer handles is an adversarial matter , meaning one side against another.  People who are sued seldom think they are wrong, so it must be the lawyer who has dared to say they were wrong.  Lawsuits are won and lost.  Trials are often heated and bitter.  The average lawyer may lose half of his or her cases.  Sometimes, when they are lost, the lawyer is blamed for the outcome by the client.  Anger with lawyers may be inherent in what we do.

People should look at the legal profession and remember that lawyers are officers of the court, just as judges are.  Without us there would be no courts as we know them.  We administer justice.  We stand between citizens and abuse of power, between the “little guy” and powerful corporations, between the high and mighty of society and ordinary Americans.

American history is replete with outstanding lawyers.  Over half our presidents have been lawyers, including  John Adams, Thomas Jefferson, James Madison, James Monroe, Abraham Lincoln, Woodrow Wilson, Franklin Roosevelt, Bill Clinton, and most recently, Barack Obama.  Other great American lawyers who have written American history include Patrick Henry, John Marshall, Thurgood Marshall, Louis Brandeis, Clarence Darrow and many more.  Even beyond America, lawyers throughout history have made major contributions to society.  All of the following were lawyers: Cicero, the Roman statesman and orator; Sir Thomas More, who stood up to King Henry VIII and for that lost his head – literally – and two champions of the rights of their people, Mohandas Ghandi and Nelson Mandela.

The overwhelming majority of lawyers act in the best interest of clients and try to uphold the honor of the profession.  We wish there were more recognition of that among our fellow Americans.

Years ago, engineers at UCLA determined that school bus injuries are due mainly to the inadequacy of the seats.  To cut down on these injuries to children, the engineers designed a restraint system called “compartmentalization”.  Seats are closely spaced and well anchored with large aisle side panels to contain riders.  The seats are also well padded with high backs so that they’re capable of absorbing crash forces.  At that time, engineers also recommended the use of lap belts to provide additional protection.

The National Highway Traffic Safety Administration (NHTSA) provided for some of the proposed features. The seats were better anchored, four inches higher, padded, and designed to absorb the energy caused by a crash.

According to the National Academy of Sciences (NAS), lap belts would offer little if any added protection in a crash and in rare circumstances would increase the risk of abdominal and neck injuries in young passengers.  Without the belt, the force from an accident would be absorbed across the entire upper torso of a child.  Wearing a lap belt, most of the impact would be absorbed in the head, something called “lap belt syndrome”.

An average of only seven passengers are fatally injured each year on school buses, excellent statistics for a form a transportation that carries over 23 million children daily.  Federal and academic studies have concluded that school buses are the safest form of ground transportation.  According to the National Safety Council, school buses are 40 times safer than the family car. The NHTSA says seat belts would limit the number of kids who can fit into bus seats, meaning schools would have to buy more buses or tell kids to find another way to school, which would mean a form of transportation such as walking, biking, or being driven, in which about 800 children die each year.

Aside from limiting the number of children that would be able to ride the bus, NHTSA determined that installing seat belts would add anywhere from $8000 to $15000 to the cost of a new bus while having little to no impact on safety.  It would take over a decade for the seatbelts to be phased in, costing about $117 million per state, which is excessive, especially in our economic climate.

Furthermore, who will enforce the use of seat belts?  Asking bus drivers to monitor the compliance is unrealistic.  Their main focus should be on driving.  Bus drivers also fear that they would be held legally responsible for an injured child not using his or her seat belt properly.

The NAS determined that the money that would go into adding seat belts to buses would be better spent on school bus safety programs and bus modifications that could reduce injuries and save more lives.

Though the statistics against lap belts are impressive, for some, they pale in comparison to a single child who has died in a school bus accident.

Some people disagree that “compartmentalization” is enough to protect children from injury on school buses.  Brad Brown, father of Ashley, 16, killed when the bus that was carrying her high school soccer team overturned on the way to a game, is convinced things would have been different had the bus been equipped with seat belts.  He and other parents lobbied for a law to require school buses to have seat belts and won.  However, that “win” has been put on hold because the Texas Education Agency declared it isn’t really mandatory because the Legislature cut the money to pay for it. by two-thirds.

The Nation Coalition for School Bus Safety (NCSBS) argues that the NHTSA fell short on their modifications of school but seats by failing to include the side panel, lap belt, and they made the seat back height was eight inches lower than recommended.

They also argue that the NHTSA did not do testing on roll over and lateral accidents, only frontal and rear impacts.  The argument is that most crashes involving school buses are frontal or rear crashes, and though maybe not as effective as in these types of crashes, compartmentalization is still effective in side and angled impact crashes.

There is certainly always room for improvement when it comes to children’s safety, and you can’t argue with the NHTSA’s findings, but you’ll never persuade parents like Brad Brown.  He believes if buses were equipped with seat belts, perhaps his daughter Ashley would still be alive.  The question is, are the few lives lost worth the cost of modification, even when conclusions regarding lap belts are blurred?

Sources:

MSNBC

WebMD

The Safety Report

NCSBS

Parenting Kaboose

POULSBO – MBC attorneys John Christensen and James McCormick filed suit recently on behalf of the State Department of Labor and Industries for worksite safety violations leading to the death of Aaron Waag, a 28-year-old husband and father.  The complaint charges that Millican Crane Service, Inc. failed to follow its own safety policies as well as WISHA guidelines leading to Mr. Waag’s death.

On January 5, 2011, Aaron Waag was working for his family’s business, Waag Tree Service, Inc., cutting trees at the residence of Gary and Gloria Blankenbaker in Bremerton, Washington.  That day, Aaron was removing several tall trees on the couple’s property.  Millican Crane Service was brought in to furnish crane operations, rigging and hoisting.  Millican was responsible for making sure that all necessary safety precautions and equipment were being used during the hoisting operation.

The plan was to lift Mr. Waag into the air using the crane so he could begin cutting away the tree.  Millican positioned the crane and prepared the safety harness and other equipment Aaron used for the project.  However, instead of placing Mr. Waag in a safety basket as their safety regulations require, the crane operator chose to lift Aaron directly into the air from the end of the crane, secured only by a fault safety hook that was missing a critical safety pin.

When Aaron was about 70 feet above ground, the Millican rigging failed and he fell to his death.  This tragedy could have been avoided had Millican followed its own safety rules by using the proper equipment instead of cutting corners to save time and money.

Unfortunately, we see far too many motorcycle injuries at MBC.  Motorcycles are dangerous, there is no question about it.  To make matters worse, a rider’s margin of error is often much less than a driver of a car and the rider is much more susceptible to injury without the car’s protective body.  Despite these risks, I still ride motorcycle avidly.  Whether you take to the road on a bike or in a car, there are some things you can do to help protect yourself.

1)      Always, always, wear a helmet.  There is no excuse not to and no substitute.  Make sure the helmet is a high quality DOT or SNELL approved helmet.  SNELL approval is even more rigorous than DOT approval and can signify a better helmet.  A full face helmet with a chin guard is more protective than an open face helmet.  Buy the best helmet you can afford, make sure it fits snugly, use the chin strap, and always wear it when you ride.  It just might save your life in a wreck.

2)      Wear protective riding gear.  This means boots, pants, jacket, knee guards, elbow guards, gloves, and goggles.  Motorcycle riding gear is designed to withstand abrasion and can greatly reduce road rash in a fall.  When I ride off-road I wear heavy riding boots, an armored chest protector, knee guards, elbow guards, and gloves in addition to riding pants and a jacket.  The proper gear won’t help in every situation but I have been fortunate to walk away from spills without a scratch because of it.

3)      Wear bright colors.  Reflective colors are a must for night riding.  Wear an orange or yellow vest if needed.  This will really help cars see you better.

4)      Ride defensively.  On a bike you have to be vigilant and look out for trouble.  Go slow into intersections.  Expect cars to turn in front of you.  Double check both directions before crossing a street.  Watch for left turning vehicles.

5)      Stay out of drivers’ blind spots.  Expect that cars do not see you.

6)      Take a motorcycle safety class.  Even if you are an experienced rider, you will probably learn a few things.

7)      Get lots of seat time.  There is no alternative to experience.  The more you ride, the better you will get.  Being able to control the bike with confidence and automatically, without even thinking about it will greatly improve your chances of avoiding a wreck.  This comes with lots of experience.  There is a reason why pilots are required to fly a set number of hours each year to keep their license current.

8)      Avoid traffic.  If you can ride at times when the traffic is minimal, do it.  Stop and go, rush hour traffic is dangerous because it exposes you to more cars and cars are your biggest danger.

Motorcycling is a wonderful experience everyone should have the opportunity to enjoy.  Unfortunately, even the most vigilant riders sometimes are injured.  If you or a friend or family member is injured in a motorcycle wreck, call MBC.  We have years of experience helping injured riders and being a rider myself, I understand the dynamics of motorcycling.  Be safe out there.

Tacoma Community House provides services to refugees, immigrants, and English speaking adults and youth. TCH was created to provide assistance of immigrant communities in Tacoma and to increase understanding between neighbors.  TCH has contributed to the livelihoods of nearly every ethnic group that has called Tacoma home.

John Messina and Joe Stortini are both proud Italian Americans dedicated to their heritage and their community.

Declan’s hydraulic lift on which he was working ended up falling over as winds blew over 50 miles per hour, causing his death.  It gashed a chain-link fence that abuts the northern end of the practice facility and landed in the middle of Courtney Lane, a service road that is flanked by the football fields to one side and outdoor tennis courts to the other.

IOSHA (Indiana Occupational Safety and Health Administration) found Norte Dame to be at fault, fined them $77,500 for six safety violations including knowingly putting its employees in an unsafe situation, and neglecting Weather Service Warnings. Warning labels were also missing from the lift, or were worn or faded.

After the incident, the university president claimed full responsibility, and the school is going to install remote control cameras and will no longer use the hydraulic lifts to record football games and practices.  This, however, does not bring Declan back.

Work injuries happen all the time for a variety of reasons.  Sometimes they’re due to hazardous or faulty equipment, there are falls or even automobile collisions, or in Declan’s case, unsafe working conditions.

MBC has the experience, resources and proven track record to handle the most challenging workplace injury cases. We have successfully represented seriously injured workers in cases against contractors who ignored state and federal safety regulations, property owners who failed to provide safe work sites, equipment manufacturers who designed and produced faulty or defective equipment, and other negligent companies and individuals who have caused serious injury to workers.

Sources:

ESPN

AOL

Irish Central

There are many people who think they do not need to hire an attorney or who hire somebody they know instead of a specialist in a particular area of law.  Below is one such story, written by Miriam Davis-Neches, which may demonstrate how important it is to hire somebody who can competently pursue your case, especially when you are seriously injured and there is a lack of insurance.

Years ago on a bright, sunny day in New York City I was walking to my cocktail waitressing job and had to cross busy Park Avenue.  Everybody who crossed the larger streets in New York often had to stop and wait at what we called “islands” in the middle of all the lanes because we would be unable to get all the way across before our light turned red.   It was a part of life for us to stand and wait for the light to turn green so that we could continue crossing the street.

On this day, the ‘island’ was fairly crowded with pedestrians waiting for the light to turn green again so that we could cross over to the west side of Park Avenue.  I happened to be on the outside of the crowd and was holding a portfolio in my left hand.  Both my feet were planted firmly on the ‘island’.

The last thing I remember was staring at the light across the street, waiting for it to turn green again.

The next thing I knew, I heard someone screaming and I was lying in the street.   I was in excruciating pain and my left arm, still holding onto the portfolio, was somehow lying next to my body, but not attached to my shoulder.  As it turned out, my femur was broken in half, my tibia and fibula were both broken and my shoulder was dislocated.  I touched my face, head and neck to see if they could move and at the same time I realized that I was the person screaming!!

I was taken to Bellevue Hospital in an ambulance.  All the tests and x-rays they did were excruciatingly painful.  I was transferred to another hospital and had multiple surgeries from that point on.  I was in ICU for a long time.  At one point I aspirated fluid and developed pneumonia.  I went through months of being in a wheelchair, then on crutches and doing lots of physical therapy

The man who hit me off the ‘island’ stopped and admitted he was trying to rush to turn before his light turned red. The worst thing was he had no insurance.

I hired an attorney who was a friend of the family, but not somebody who specialized in personal injury.  He sued New York City on my behalf due to the dangerous street crossings.  However, we lost and I received nothing for all my medical bills and months of pain.  Later, we found out that there were several accidents and even some fatalities at that exact ‘island’ on Park Avenue.  A year or two later they seemed to admit their negligence by erecting a tall metal fence all around that particular ‘island’ so no pedestrians could stop there.

I always felt that I should have had a more aggressive and knowledgeable attorney who could have handled the case against the City and discovered that these islands were known to be dangerous.

Terrain parks have sprung up at ski areas around the country in recent years.  Elaborate parks with jumps, rails, boxes, half pipes and other man-made conditions have become extremely common and almost a must have for resorts.  To the credit of the ski industry, terrain parks and the “new school” style they have inspired have probably been largely responsible for reinvigorating the sport by bringing thousands young new skiers and their families back to skiing.  This resurgence is great, but along with it, the danger of these terrain parks has largely been overlooked.  With the jumps getting bigger and bigger as mountains compete to have the “biggest and best” parks, skiers, many of them children, continue to get hurt – sometimes catastrophically.  Terrain parks are here to stay it seems, however, if that is the case, more needs to be done to safely design the parks as well as educate riders to eliminate injuries.

Some of the jumps now common in larger terrain parks are capable of propelling skiers or boarders 30, 40 or 50 feet and more through the air.  Many have designated landing areas.  If the rider misses the landing area by over or under jumping, injury is all but certain.

The National Ski Areas Association and Burton Snowboards have developed the “Smart Style” Freestyle Terrain Safety initiative, a cooperative effort to continue the proper use and progression of freestyle terrain at mountain resorts, while also delivering a unified message that is clear, concise, and effective.

The 4 main points of Smart Style

• Make a Plan
  • Every time you use freestyle terrain, make a plan for each feature you want to use. Your speed, approach and take off will directly affect your maneuver and landing
  • Your speed, approach and takeoff will directly affect your maneuver and landing.
• Look Before You Leap
  • Before getting into freestyle terrain observe all signage and warnings
  • Scope around the jumps first not over them
  • Use your first run as a warm up run and to familiarize yourself with the terrain
  • Be aware that the features change constantly due to weather, usage, grooming and time of day.
  • Do not jump blindly and use a spotter when necessary
• Easy Style It
  • Know your limits and ski/ride within your ability level
  • Look for small progression parks or features to begin with and work your way up.
  • Freestyle skills require maintaining control on the ground and in the air
  • Do not attempt any features unless you have sufficient ability and experience to do so safely
  • Inverted aerials increase your risk of injury and are not recommended
• Respect Gets Respect
  • Respect the terrain and others (Freestyle terrain is for everyone regardless of equipment or ability)
  • One person on a feature at a time
  • Wait your turn and call your start
  • Always clear the landing area quickly
  • Respect all signs and stay off closed terrain and feature

Freestyle Terrain has designations for size small, medium, and large. It’s always a good idea to start small and work your way up.

Currently, Washington law does not protect ski areas for liability for creating hazardous features in their terrain parks.  If the ski area was negligent in the design, construction, or maintenance of a feature, and that feature injures someone, the resort could be responsible.  In response, some areas have required mandatory training on park safety before use.  Others require helmets on all riders.  Others have taken greater care in the design of the features.

Hopefully more attention will be focused on terrain park safety particularly as they continue to draw new generations of young skiers and riders onto the slopes.

The American Academy of Pediatricians says this is a dangerous practice, and their sentiments are echoed by the World Health Organization, the American Medical Association, and the American Academy of Dermatology.

Physicians and skin cancer survivors are urging the Food and Drug Administration to ban indoor tanning for cosmetic uses.

A panel of advisers to the FDA recommended stricter controls on tanning for teens, ranging from requiring parental consent to banning it altogether.  Some states have already implemented tanning regulations, but new FDA requirements would make restrictions nationwide.

The Word Health Organization, after regulating sunlamps for over 20 years, has tied the devices to skin cancer’s deadliest form, melanoma.  The risks for melanoma increase by 75% in people who use tanning beds in their teens and twenties.  Melanoma affects the deepest layer of the skin and spreads quickly.  Nearly 69,000 cases were diagnosed in 2009.  Also linked to the ultraviolet exposure emitted by tanning beds are basal and squamous cell l cancer carcinomas, which affect more than 1 million Americans a year.

Fair skinned people are at the highest risk for skin cancer and melanoma is particularly linked to sunburns at a young age, though it may not be diagnosed to the 40’s and 50’s.

There are also dangers of course with natural sunlight, but the UVA radiation from tanning beds may be 10 to 15 times higher than that of the midday sun according to a report published by the journal Pediatrics.  In their quest for the perfect tan, teens are aging their skin by 10 to 20 years.  It will cause them to wrinkle and increase the risks of skin cancer.

The argument is that teens aren’t in a position to make determinations about the risks of tanning.  And when they’re bombarded with ads right before prom, and given package deals and student discounts, the allure can be nearly impossible to resist.

 Congratulations, Stephen and Richard!

Every spring the attention of American sports fans is drawn to the upcoming baseball season.  This year is especially exciting for the people of Tacoma.  Fifty-year old Cheney Stadium, the home of the Pacific Coast League defending champion Tacoma Rainiers, has had a $30 million facelift.  The team and the city will be celebrating this on May 1, 2011, in an event sponsored by the Tacoma Athletic Commission.

We at MBC are supporting this event as we have supported the team by buying season tickets for many years and we are honored to be participating in Tacoma’s rich baseball history.  Tacoma has always had semi-professional and minor league teams around.  However, it had a long hiatus from the Pacific Coast League.  That league was founded in 1903 and Tacoma won the second pennant in 1904.  It then was out of the league until 1960.  Since then the Tacoma entry has won pennants in 1961, 1969, 2001 (co-champions with New Orleans because playoff finals were cancelled due to 9-11), and most notably, 2010.  Last year the Rainiers did not play the finals at home, as the remodeling of Cheney Stadium had begun.  So, the team had to play that best of five series in the home park of the Memphis Redbirds.  The Rainiers swept the Redbirds in the first three games on their home field.  Amazing!

Another amazing fact is that Tacoma has kept Triple A baseball, despite the fact that major league baseball is played only 30 miles away.  It now has the longest, continuous run of any team in the league.  The major league team is the Seattle Mariners and Tacoma is its AAA affiliate, a partnership that has been good for both teams.

So, while the millionaire players and billionaire owners of the NFL are squabbling over how to split $9 billion in profits, we will be happily awaiting the sound of, “Play ball!”

by John  Christensen

In the first installment of my journey to becoming a black belt, I talked about how humility and patience are required when an “old guy” like me decides to engage in a full contact martial art that involves double knife hand strikes, kicks to the head and solar plexus strikes.  As I learn, sometimes painfully, about the “martial” element of this art form, I also learn that the violence inherent in this discipline is balanced by a sacred commitment to learning and teaching ethics, spirituality and morality.

The contrast of measured violence and spirituality present in Tae Kwon Do is depicted in the symbol at the center of the Korean flag.  In the West we are familiar with this as the “Yin and Yang.” This symbol is used to describe how seemingly contrary forces are interconnected and interdependent in the natural world.  “Yin” means dark or cold, while “Yang” means bright or hot.  They are opposites, yet each exists only in relation to the other; just as the sun and moon, night and day and summer and winter.  Tae Kwon Do without the balance of ethics and morality, would be MMA fighting.  Fun…yes, entertaining…certainly, but devoid of a larger purpose that make us better people.

http://www.youtube.com/watch?v=L156XHjoDL0

As kids we were taught the “sandbox rules” and we learned how to play well with others. As adults we learned how these rules transcend the playground and apply to everyday life.  The same is true for the five tenets of Tae Kwon Do:

1. Courtesy & Respect (Ye Lu) To promote the spirit of mutual concessions.  To be polite to one another. To encourage a sense of justice. To distinguish master from instructor from student and senior from junior. Showing proper respect for all higher belts and kindness to others.

2. Integrity (Yom Chi) In Tae Kwon Do, integrity means being able to define right from wrong, and have the conscience if wrong, to feel guilt. Never Lie or make a promise that you do not keep. Examples of a lack of integrity: The instructor who misrepresents himself and his art by presenting improper techniques to his students because of lack of his/her own training, knowledge, or because of apathy. Student who misrepresents himself by “fixing” breaking material. Student who requests rank from an instructor, or attempts to purchase rank. Student who gains rank for ego purposes or the feeling of power. Instructor who promotes the art for materialistic gains.

3. Perseverance (In Nae) There is an ancient saying, “Patience leads to virtue or merit”. A serious student must learn not to be impatient; to continue steadfast, to persevere.  Keep trying until you succeed.

4. Self Control (Guk Gi) This tenet is extremely important inside and outside of the Do Jang whether conducting oneself in free-sparring or in one’s personal affairs. A loss of one’s self control can prove disastrous to both student and opponent. An inability to work within one’s capability is also lack of self control.

5. Indomitable Spirit (Baekjul Boolgool) A serious student will at all times be modest and honest. If confronted with injustice, he will deal with the belligerent without fear or hesitation and, with an indomitable spirit, regardless of whomever or how many the number may be.

The TKD Oath:

I shall observe the tenets of Tae Kwon-Do
I shall respect instructors and seniors
I shall never misuse Tae Kwon-Do
I will be a champion of freedom and justice
I will build a more peaceful world

Whether or not you practice Tae Kwon Do, the philosophy inherent in the concepts of Respect, Integrity, Perseverance, Self Control and Honesty can take you a long way in life.  Every day I try to observe these five tenets.  They help me better serve my clients in my law practice and give my personal life outside the office much needed balance and clarity.  I don’t always succeed, but I will never stop tying.

As the Master told Kwai Chang Caine in the TV series “Kung Fu”… beauty and peace exist only because their opposites also exist.  Good cannot exist without evil; success cannot be accomplished without some failure.  For all of us I’m sure there are days when it seems like the failures outnumber the successes, but don’t give up hope, after all isn’t that the essence of the Yin and Yang?

Until next time.

Homeless shelters are temporary residences for displaced people which seek to protect them from the devastating effects of their situations while also reducing the environmental impact on the community. They are similar to but distinguishable from various types of emergency shelters, which are typically operated for specific conditions and populations – fleeing natural disasters or abusive social circumstances.

Catholic Community Services operates the Tacoma Avenue Homeless Shelter in Tacoma.  Recently I toured the shelter which provides beds for 40 women and 105 men.  More can sleep on floor mats during very cold weather.  The men and women are separated and no children are allowed.  The tour was conducted by the Director of the Shelter, who is obviously dedicated to his job and people.

The guests of the shelter are allowed in at 4:30 P. M. and must leave by 7:00 AM the next morning, to fend for themselves during the day.  About four nights a week they are fed an evening meal by outside groups.  The shelter itself has no cooking facilities.  It does have a large laundry facility and guests are provided with clean sheets and blankets, and towels for a hot shower.   We were told that about half of the guests are disabled and a significant number have mental illness issues.  Some have jobs, but only at minimum wage, which does not provide enough income for housing.

When I toured, no guests had yet arrived, but there were signs of their presence: their personal belongings, pictures, a bracket for a domino tournament.  Each side of the shelter has a donated big screen television.  I could sense some of their stories in the empty dormitories: the abuse, bad luck, the impact of hard economic times, the helplessness and hopelessness that brought them there.

Most of us are blessed with things we take for granted: a warm, stable home and food on the table.  Please go visit this shelter or one like it and you will be reminded how lucky you are and how fragile are the lives of homeless.  Do something to help.

In this month’s state Bar News, there is an announcement that five lawyers have lost their licenses, due to misconduct, and another was admonished.  Every member of the legal profession takes an oath to uphold the law and to abide by the Rules of Professional Conduct. A lawyer who violates these standards of conduct may be disciplined and given penalties ranging from a private admonition to suspension of the right to practice for a period of time, to disbarment, the loss of the privilege to practice law.

Lawyers may lose the trust and confidence of a client for various reasons. It is important to realize that in many cases where a client is dissatisfied, grounds for discipline may not exist. A lawyer can be disciplined only if he or she has violated the standards of professional responsibility.

A formal complaint of unprofessional conduct against a lawyer is a serious matter. A lawyer who is accused of misconduct inevitably suffers whether or not he or she is finally found to be at fault. More than a claim of misconduct is needed to justify discipline. It takes evidence—proof, just as it does before any member of society can be punished for wrongdoing.

An honest disagreement between lawyer and client about the handling of a case is not misconduct. A mistake or error of judgment is not a cause for discipline.

Fee matters are not often a basis for discipline of a lawyer because they generally do not involve questions of ethics or professional misconduct. Further, controversy over fees may be resolved by court action. In some cases, however, such as when the fee charged is either illegal or clearly excessive, ethics are involved. In those cases where the lawyer is found to be at fault, discipline will follow, possibly forfeiture of the whole fee. Most fee disputes come from a lack of understanding as to how a lawyer charges for his services. Clients should never be reluctant or embarrassed to discuss fees with their lawyers.

If you believe your complaint against a lawyer is well-founded, you should file it, but first seek the advice of another lawyer to guide you.  If, on the other hand, your grievance could be the result of poor communication, lack of agreement or some misunderstanding, it may be the problem can best be resolved by a frank talk with the lawyer.

We in the profession are proud of the fact that we police ourselves and lawyers who are guilty of misconduct in the practice are dealt with.  We do not tolerate wrongdoers.

Late February and early March have brought huge amounts of snow to local ski areas.  Tragically, a skier was lost this week at Crystal Mountain Ski Area.  Everyone in the skiing community is praying for the well being of the lost skier and his family.

As Ski Patrollers and volunteers search for the skier, Crystal Mountain and Patrollers have taken the opportunity to remind everyone headed for the slopes about deep snow safety.  Whether headed out of bounds or skiing the groomed runs, it’s critical to consider deep snow safety and to understand the potential danger of tree wells.

The NW Avalanche Institute, Mt. Baker Ski Area, Crystal Mountain, Dr. Robert Cadman and Paul Baugher have created a website dedicated to deep snow safety and particularly, NARSID or Non-Avalanche Related Snow Immersion Death.  The website can be found at:  www.treewelldeepsnowsafety.com

The website offers a great deal of information of deep snow safety for skiers and boarders.  The following information was taken directly off the site.  Please follow the link to the site to read more detailed safety information about skiing in deep snow:

Trees are an important and integral part of the natural mountain environment. Thick stands of evergreen trees are common at ski resorts in the western U.S. and Canada, predominantly in the ungroomed areas.

Most of the documented cases of deep snow suffocation at ski areas involve people falling headfirst into a tree well.

A tree well is the hole or depression that forms around the base of a tree. Evergreen trees (fir, hemlock, etc) can have large, deep tree wells that form when low hanging branches prohibit snow from filling in and consolidating around the base of the tree. These holes are hidden from view by the tree’s low hanging branches.

A deep snow or tree well accident occurs when a rider or skier falls into an area of deep unconsolidated snow and becomes immobilized. The more the person struggles the more entrapped in the snow they become.

If a partner is not there for immediate rescue, the skier or rider may die very quickly from suffocation – in many cases, they can die as quickly as someone can drown in water.

Prevention of falling into a tree well is all-important because the odds of surviving deep snow immersion are low. In two experiments conducted in the U.S. and Canada in which volunteers were temporarily placed in a tree well, 90% COULD NOT rescue themselves.

For your safety, you should assume all trees have a hazardous tree well. Fortunately, the risk of falling into a tree well is completely avoidable.

1. Avoid deep snow and tree areas
2. Keep your partner in sight.  If you lose visual sight with your partner, you could lose your friend.
3. Ski and ride defensively.
4. Fight to Survive.  Don’t struggle.  Make a breathing space around your face.  Stay calm.

Special thanks to www.treewelldeepsnowsafety.com and its creators for researching and publishing such a great safety resource that formed the content of this posting.  Special thanks also to all those people helping to keep skiers and boarders safe on the mountain.

Enjoy the powder that nature brings us, but please be safe out on the slopes, especially in deep snow conditions.

You have the right to say no. You can refuse to be observed, examined, tested, or treated.   You can also say “no” to certain medical staff and ask for someone else to treat you.  The only time this may not be possible is in the case of an emergency when time is of the essence.

If you do refuse treatment, however, it might be a good idea to find out what the ramifications of the refusal might be.

You have the right to take part in your treatment plan. You have the right to know your options and help make decisions.  If you are unable to make your own decisions, family members, guardians, or a representative you have chosen can make the decisions for you.

You have the right to have an advocate by your side at all times. It can be a friend or loved one, or you can hire a professional advocate.  Visiting hours are hospital imposed, not government imposed.  There are areas of a hospital that might limit or bar visits, such as, recovery rooms, trauma centers, and quarantined areas.

To find out more information about professional advocates click here.

You also have the right to the visitors you choose.  You can designate anyone you want to visit as long as you provide signed documentation and the request complies with hospital policies.

You have the right to an ethics consultation. For example, if there is a family disagreement about life support, you can have a consultation.  Consults may include medical staff, a patient representative or other professionals, along with the patient and/or family.

You have the right to be made as comfortable as possible. Lights can be turned off or dimmed.  You should be able to get out of bed and walk or at least sit in a chair several times daily.  You even have the right to be moved to a different room if there is a vacancy.

You have the right to considerate, respectable care from medical staff free from discrimination.

You have the right to see your medical records. State and federal laws allow you to see and receive copies of your records (psychotherapy notes excluded).  You have a right to look at your medical chart as well during your stay.  You only have to ask.  This right also includes your billing records.  You can request an itemized bill that will include services provided, products, medications, and procedures for which you’re charged during your stay.  You also have the right to keep your records confidential and for your records to be changed if incorrect, irrelevant, or incomplete.

You have the right to know who is treating you. Doctors and nurses should wear name tags that include their medical degree.  If they don’t, you have the right to ask them their job title and qualifications.

You have the right to check out.  You can check out of the hospital any time, even against doctor recommendation.  It may not be in your best interest, and you will have to sign an “Against Medical Advice” form, but it’s still your right

You have the right to complain.  You also have the right to a fair, fast, and objective review of your complaints regarding health plan, doctors, hospitals, or other health care personnel.

Many hospitals have a copy of patients’ rights.  Ask for it when you’re admitted.

Know your rights and implement them if and when needed.  Don’t be intimidated by the health care system.

President Obama is considering a compromise with the GOP over medical malpractice tort reform.  He says that physicians practicing “defensive medicine” may be contributing to unnecessary costs.

First, let’s explain what the tort system is. The tort system is a means for compensating wrongs and harm done by one party to another’s person, property or other protected interests.  So, tort reform refers to proposed changes in the civil justice system that would reduce tort litigation or damages.

What does this mean?  We don’t know yet, as Obama has not specified where the middle ground might be regarding tort reform.  He’s already rejected Republicans’ top priority in this area, which is caps on awards in malpractice cases.

Republican Representative Charles Boustany thinks, “…we need to establish tough liability reform standards” and “discourage junk lawsuits.”  Of course, according to Politico.com, Representative Boustany has been sued for medical malpractice at least three times in the last twenty years, so that makes sense.

Some people want you to think every malpractice suit is “junk” or frivolous.  Here at MBC, we don’t take on frivolous law suits. We take on cases because of our client’s needs and our passion for justice.  Tort reform would eliminate people’s rights.  If someone is injured or killed because of the negligence of someone else, they (or their families) should be compensated for their losses, including, loss of pay and loss of enjoyment of life. What’s wrong with holding physicians and surgeons accountable for their errors?  Especially when those errors injure, or worse, kill someone?

Judges and juries have been dealing with these type of cases for decades.  They are quite capable of determining legitimate  cases from the  frivolous and awarding fair and just compensation.

Sources:

The Hill

The Washington Independent

by John L. Messina

Sometimes babies are born injured and that is a tragedy.  It’s more tragic if the injury could have been prevented.  When the damage is caused by physician error, malpractice or negligence, a birth trauma case exists.  For years, the attorneys for the defendants in such cases have sarcastically referred to them as “bad baby” cases.  There are no bad babies, but there is bad care for good babies.

Common types of birth injury include cerebral palsy, shoulder dystocia (which is nerve damage that causes weakness or non-use of one arm) and brain injuries caused by improper use of vacuum extractors and untreated jaundice.

When women are in labor, there should be monitors ensure the fetus is receiving enough oxygen.  If the baby is in distress for any reason, an emergency C-section should be done to deliver the baby before brain damage occurs. If those monitoring the baby miss the signs of distress, there might be liability against the hospital employing them.

If you think you might have a birth injury case involving negligence, you should explore your options. First, speak with an attorney who has experience representing victims of birth trauma and their families. Such attorneys can help you understand the facts surrounding your possible case and inform you of your rights.

Second, obtain medical records, if possible, of the mother’s pre-natal, delivery and post-delivery care, and the child’s newborn records (if you cannot get them we can). A birth injury lawyer will review them and consult with medical experts about the case. Such experts may include obstetricians, perinatologists, neurologists, neonatologists, and neuroradiologists.

If you believe your child’s birth injury was caused by physician error, malpractice, or negligence, we at MBC stand ready to help and advise.

http://www.youtube.com/watch?v=7t8xwpW8gJQ

As an adult newly training in the Korean martial art of Taekwondo I have learned many things, some more difficult and painful than others.  I have learned that my 47 year old body is not as nimble as it once was and that injuries such as broken ribs and toes take a very, very long time to heal.  I have also learned to be humble.  Despite my “senior” age, I am very much a “junior” at Taekwondo.  My 13 year old son is my senior whom I must address as “sir” which he loves to no end and never lets me forget my subordinate place in line.  I have also learned patience.  In my quest to obtain my Black Belt I have learned that Taekwondo is not just about memorizing your next poomse or learning the next move.  If it were, I would have my black belt in a matter of months, instead of the years that it will ultimately take.

My adult friends who train with me joke about our bodies having “expiration dates.”  The reality is that our time practicing this martial art is limited, which brings me to something else that Taekwondo has taught me.  The journey to your destination is sometimes as important as the goal at the end of the road.  You never know what life will throw at you.  Sometimes all you have is the journey.  If you are so focused on the pot of gold, you may ultimately miss the rainbow.   After all, it’s the rainbows and the roads we travel that make life interesting.

In the months and years ahead I hope to give you all updates on my quest to become a Black Belt.  But if for some reason life changes course and the winds take me in a different direction, I will have enjoyed the journey.  Until next time.

What is meant by strict liability? Perhaps it is best described as “automatic liability.” Usually for there to be legal responsibility for injury, there must be negligence, such as running a red light, failing to de-ice a roadway or a store not cleaning slippery substances from the floor.  In the case of a product, if there is proof that a manufacturing flaw or a bad design poses a potential danger, or there is a failure to caution the consumer about the possibility of an injury because of the potential danger, this leads to strict liability, with no need to prove any negligence.  This is fair because the manufacturer is in a better position to prove what happened than the injured party.

MBC continues to handle many types of product liability cases.   In one case an overhead door fell off its track striking our client.  Metallurgical analysis showed there was a flaw in a part of this particular door that caused the mishap.  Almost all of this line of doors is safe, but this one was manufactured with a bad part; that made the door defective.

In design liability cases, all products in the line are defective.  MBC assisted in a Texas trial involving allegations that a certain Ford model had a flimsy roof that on rollover crushed down on our client’s head causing quadriplegic injuries.

Failure to warn cases involve a characteristic of the product that is not possible to remove by better design.  This is most prevalent with drugs, both over-the-counter and prescription.   Pick up a bottle of Ibuprofen and look at the multiple warnings on the label, including a warning regarding stomach bleeding in certain people.  If that warning were not present and a 65-year old man with a stomach ulcer and who was on a blood thinner had a stomach bleed, the manufacturer could be responsible for the damage.  Of course, warnings are no substitute for a safe design.  If a product can be safely made it must be safely made.  Only if it cannot, do warnings come into play.

If you or someone you know might have been injured by a product flaw, give MBC a call.

John Adams

In 1770 the desire for independence was festering in all the American colonies.  Confrontations and brawls between British red coat soldiers and colonists were growing.  On March 5, 1770, British soldiers mortally wounded five Americans at a square in Boston.  That became known as the Boston Massacre.

John Adams, age 34 and our future second president, practiced law in Boston.  The day after the Massacre he was asked to defend the soldiers and their captain, Thomas Preston.  Adams realized that taking the defense could ruin his legal career and perhaps even endanger the safety of his family.  But he believed that every person deserved a defense and he took the case without hesitation.

Captain Preston’s case came to trial in October.  Adams and his young associate, Josiah Quincy, defended Preston against a prosecution team comprised of Josiah’s brother, Samuel, and Robert Paine.  They succeeded in casting doubt as to whether Preston ever gave orders to shoot.  The Boston jury acquitted the captain.

The soldiers’ trial began two months later.   Adams argued that the blame lay both with the “mob” that had gathered that March night and with England’s unpopular policy of quartering (housing) troops in private residences.  He said that the soldier who fired first and the ones that followed were fearful for their lives and panicked.   In closing he said something that rings true today.  “Facts are stubborn things and whatever may be our inclinations of the dictums of our passions, they cannot alter the state of facts and evidence.” They jury acquitted six of the soldiers and convicted two of manslaughter.

Initial feelings toward Adams’ role in the defense were unfriendly.  His law practice dropped off and he and his family were shunned by many colonists.  However, he went on to lead a commendable life.  He played a great role in the Revolution, became the first Vice-President of the United States and its second President.  As President he may have saved the union, by keeping the young country neutral after war broke out between England and France.

Adams died in Quincy, Massachusetts, on the fiftieth anniversary of American Independence, at 90 years of age.  His last words were, “Thomas Jefferson survives.”  Unbeknownst to him Jefferson had died on the same day a few hours earlier.

What exactly is distracted driving you ask?  According to the Department of Transportation  a “distraction” is a specific type of inattention that occurs when drivers divert their attention from the driving task to focus on some other activity instead.

These distractions can be visual, manual or cognitive.  A visual distraction is something that causes you to take your eyes off of the road.  Taking your hands off of the steering wheel for some reason would be considered a manual distraction.  A cognitive distraction is taking your mind off of what you are doing.

Some distracting activities include, but aren’t limited to cell phone use, eating and drinking, talking to passengers, grooming, such as brushing hair or applying make-up, reading, using a PDA or navigation system, watching a video, or changing the radio station, a CD, or Mp3 player.  However, texting is the most dangerous because it involves all three types of distraction.  48% of all teens age 12–17 say they have been in a car when the driver was texting.

In 2009, close to 5,500 people were killed and an estimated 448,000 additional injured in motor vehicle collisions involving distracted driving.   Using cell phones, whether talking or texting is the worst kind of distraction.  At least 28% of all traffic crashes are caused by drivers talking on cell phones or texting.  In simulations, texters responded more slowly to brake lights and were involved in more collisions than non-texters.  Also, hands-free doesn’t necessarily mean collision-free.  Using a cell phone, whether hand-held or hands-free, delays a driver’s reaction as much as someone who has consumed enough alcohol to register a .08% blood alcohol content.  It also causes the reaction time of an 18–25 year old to be reduced to that of a 65–74 year old.

But while most states have enacted laws against distracted driving, and the ban has the support of such entities as Oprah and AAA, studies show that the laws have not reduced the number of collisions caused by distracted driving.  The key to making these laws stick?  Education and enforcement.

Students at an Alabama high school, instructed on the dangers of texting while driving, said they needed more of a deterrent to stop.  This deterrence is coming from a few different sources.  Students are hearing real tragedies of the dangers of texting and driving from the family of the victims to the drivers responsible for the fatal accidents.  Some schools are implementing driver’s education classes that teach how dangerous it is to get behind the wheel and text by actually having the teens drive a golf cart through an obstacle course while texting.  Also, some companies and agencies have released public service videos about the dangers of texting while driving, such as the one below by AT&T.

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

If laws aren’t enforced who’s going to follow them?  This has incited some states, such as New York and Connecticut, to crack down on drivers who text.  Fairfax County decided that in order to enforce the distracted driving laws they would have to resort to an old law which required drivers to “pay full time attention”.  Police have also been using vehicles that sit higher from the road, such as trucks and SUV’s, or would sit in their vehicle somewhere above the road, looking down to help spot violators.

Although funding and man power make this difficult, officers are doing their best to enforce the distracted driving laws, and local governments and law enforcement agencies are still working to make the laws more effective and the streets safer for everyone.

Sources:

Washington Post

Department of Transportation

National Highway Traffic Safety Administration

The News Tribune

Every so often one finds a book that can change his or her life or outlook on life.  I think I have found and read such a book.  There are various versions, but the original title is YOUNGER NEXT YEAR: Live Strong, Fit, and Sexy, Until You’re 80 and Beyond. There is also a version specifically written for women, which I have bought for the important women in my life.

The authors are a lawyer turned author, Chris Crowley, and a doctor, Henry Lodge, M. D.  Both the Washington Post and the famous Dr. Mehmet Oz have said, “…this book can change your life.”  I agree.

YOUNGER NEXT YEAR draws on the very latest science of aging to show how men of any age can become functionally younger every year for the next five to ten years, and continue to live like younger men until well into their eighties: to enjoy life and be stronger, healthier, and more alert. To stave off 70% of the normal decay associated with aging (weakness, sore joints, apathy) and to eliminate over 50% of all illness and potential injuries.  That is a tall order, but the book combines persuasive inspiration and information that the goals are achievable by following “Harry’s Rules.”  The rules are a summary of what the book is all about.  These are:

1.       Exercise six days a week for the rest of your life.

2.       Do serious aerobic exercise four days a week for the rest of your life.

3.       Do serious strength training, with weights, two days a week for the rest of your life.

4.       Spend less than you make.

5.       Quit eating crap.

6.       Care.

7.       Connect and Commit.

The book has been a big help to me.  I recommend it to all.  It sells for around seven to nine dollars on Amazon.com

The Attorneys of MBC

MBC attorneys, John Messina, Stephen Bulzomi,and John Christensen have once again been selected as Super Lawyers for Washington State.   Attorneys Jeremy Johnston and James McCormick havebeen designated Rising Stars.

Super Lawyers is a rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement.  The selection process includes research, and peer nominations and evaluations.

The selection process for Rising Stars is the same as for Super Lawyers, yet Rising Stars recognizes the top up-and-coming attorneys in the state who are forty years or younger and have been practicing ten years or less.

So, congratulations to all five partners of MBC for being nominated and selected among the best attorneys in Washington State.

A study released yesterday by the Insurance Institute for Highway Safety, found that those red light cameras cut fatal crashes by 24 percent in the 14 U.S. cities that introduced red light cameras between 1996 and 2004.

This means over 100 lives have been saved in those forward thinking states monitoring intersections to reduce speed, fatal crashes, and other vehicle collisions.
These red light cameras are also a cheaper, safer alternative to officers enforcing red light running.  They conserve manpower and keep police officers where they are really needed: fighting crime.

This report will hopefully put things into perspective for those who have received tickets because of these lights.  The focus should shift from the driver’s inconvenience and expense to those who have been killed or injured by drivers who have run red lights.  These lights aren’t solely cash cows for government, they are life saving devices.  Especially since police reported that the majority of the people who died in fatal collisions – 64 percent – were not driving the vehicle that ran the light. They were passengers, other drivers, pedestrians and cyclists.

I can make that light.  We’ve all thought that before, but that’s the exact mindset that causes vehicle collisions.  Now, with red light cameras in place, drivers will think twice about running a yellow, which could avoid another vehicle fatality.

Sources:

• King5 Washington Post

‘Death in Adult Homes’
‘Ex-nursing home workers get 2 years for photos, videos of helpless patients’

• Physical Abuse - Inflicting, or threatening to inflict, physical pain or injury on a vulnerable elder, or depriving them of a basic need, such as food, liquids, or medication.  This includes violence of any kind, but also inappropriate use of drugs and physical restraints, force-feeding, and physical punishment.
• Emotional Abuse - Mental pain, anguish, or distress on an elder person through verbal or nonverbal acts.  This includes insults, threads, intimidation, humiliation, and harassment.  Also, treating an elderly person like an infant, isolating them from their family, friends, socialization, or activities, and giving them the “silent treatment” are forms of emotional abuse.
• Sexual Abuse - Non-consensual sexual contact of any kind.  Sexual contact with a person incapable of giving consent is also sexual abuse.  Taking inappropriate photos or video is also a form of sexual abuse.
• Exploitation - Illegal taking, misuse, or concealment of funds, property, or assets of a vulnerable elder.  For instance, cashing checks without authorization, forcing signatures, stealing money or possessions, using deception to get them to sign documents, such as contracts or wills, and the improper use of conservatorship, guardianship, or power of attorney.
• Neglect – Refusal or failure by those responsible to provide food, shelter, personal hygiene, comfort, health care or protection for a vulnerable elder.
• Abandonment – The desertion of a vulnerable elder by anyone who has assumed the responsibility for care or custody of that person.
• Self-neglect - This is an inability to understand the consequences of one’s own actions or inaction, which leads to, or may lead to, harm or endangerment including, providing himself or herself with adequate food, water, clothing, shelter, personal hygiene, medication (when indicated), and safety precautions.

Tell tale signs an elder may be suffering abuse:

• Bruises, pressure marks, broken bones, abrasions, and burns
• Unexplained withdrawal from normal activities, a sudden change in alertness, and unusual depression
• Bruises around the breasts or genital area
• Sudden changes in financial situations
• Bedsores, unattended medical needs, poor hygiene, and unusual weight loss
• Behavior such as belittling, threats, and other uses of power and control by spouses
• Strained or tense relationships-frequent arguments between the caregiver and elderly person

What makes the elderly vulnerable to this kind of abuse?  Dementia and Alzheimer’s are two factors.  Also, if the elder is living with someone, such as a caregiver or friend, or if there is a history of domestic violence, this may make them more prone to abuse. They also may feel there is no one else to care for them, or they are unaware of their rights.

The most important thing to do is be alert of potential problems.  Many of the elderly that suffer abuse do it in silence. If you notice any of the above signs, you may want to question what is going on.  For more information on rights, caregivers or facilities, or to report abuse visit the Aging and Disability Services Administration.  Click here for an in depth nursing home checklist.

If someone you know has been a victim of elder abuse, don’t hesitate to contact MBC.

Sources:

• The News Tribune
• The National Center on Elder Abuse

What’s causing this growing phenomenon in medical care?  The Washington Post reported that it’s due to 1) medical advances that help individuals survive traumatic illnesses and injuries, and 2) the closing of mental health facilities.  Many of these younger residents have suffered severe injuries. Others have neuromuscular diseases such as multiple sclerosis, or have suffered a stroke.  This trend has proven a challenge for caregivers and residents, because while the younger residents may have some of the same physical demands as older residents, their social and psychological needs are much different.

While many facilities try to separate the older from the younger generations, this isn’t always possible because of the still small number of younger residents.  This can cause tensions between the generations.  The older residents complain about loud music and young visitors.  On the other hand, the younger residents don’t want to room with someone with dementia, they don’t want to be forced to eat food specifically with the elderly in mind, and hate that the only social activity is bingo.

Living in these facilities can also cause the younger residents to become depressed not only because of their disabilities or illnesses, but because they’re constantly surrounded by the elderly and dying, and quite simply, they’re lonely.

Some homes have already accommodated these younger guests by giving them their own wing, offering poker instead of bingo, pizza and pop instead of meatloaf and tea.  They even take them out on outings. If this trend continues, the nursing home industry will have to adapt in order to not only give the elderly comfortable quality care, but also the young who suffer from debilitating injuries and illnesses.

Sources:

• Nursing Home Abuse Blog Time Healthland
• McKnight’s Long Term Health Care News