Greensboro Personal Injury Lawyer

Wal-Mart Sues Disabled Women to Recoup Medical Benefits

Dan Deuterman — Mon, 24 Mar 2008 15:47:36 GMT

When Debbie Shank began working as a stock clerk at Wal-Mart, she joined the company's health and benefits plan and paid her premiums as insurance against injury or illness.

In 2000, Shank's car was rammed by a semi, and she suffered a traumatic brain injury that caused her to be permanently disabled. Her insurance kicked in and paid promptly for her medical bills -- for which Shank's family was grateful. This once vibrant wife and mother now lives in a nursing home and suffers from short-term memory loss, violent mood swings and other effects of her TBI.

Shank's injuries and disability are tragedy enough for her family. But now they're also faced with a $400,000-plus lawsuit by Wal-Mart.

Why is Wal-Mart suing a disabled former employee?

It seems that there was a clause in Shank's health plan that requires her to repay her employer in the event that she received a judgment to cover her medical care.

After her accident, Shank and her family successfully sued the trucking company and won about $477,000. That money was put in a trust for her ongoing medical care, and only about $217,000 remains. Wal-Mart has laid claim to that money, and the company is also demanding hundreds of thousands more from the disabled woman.

The retail giant won a lawsuit against Shank and her family, and the money from the trust is now frozen pending appeals. Shank's family has hopes that the Supreme Court will review the case.

A Wal-Mark spokesman expressed the company's sadness about Shank's condition but said the company had to pursue repayment out of fairness to all participants in the health plan.

It will be interesting to see what becomes of this case through the appeals process and if Wal-Mart will change its position to protect its public image now that this travesty has gotten considerable publicity.

Shank's situation should also be a cautionary tale for workers. Many people may have health plans with similar provisions and payback clauses. But I'd bet that most are unaware of the financial consequences they could face if they ever need to collect those benefits.

Clearly, Shank's judgment and the Wal-Mart benefits payout combined weren't sufficient to pay for her old medical bills and ongoing nursing home care. Now, faced with the prospect of having to pay back more than $400,000 she doesn't have, what will happen to this woman?

Shank's husband, who remains committed to his wife, recently divorced her so she could qualify for additional government benefits. Yet another sad twist in a horrible tragedy.

Originally posted at InjuryBoard by Dan Deuterman

Ritter Wrongful Death Cases Raises Interesting Questions

Dan Deuterman — Sun, 16 Mar 2008 20:13:49 GMT

A jury this weekend ruled that two ER doctors who treated actor John Ritter after he collapsed on the set of his sitcom weren't at fault in his death.

Ritter's family had filed a multimillion dollar wrongful death lawsuit against the physicians, who treated Ritter for a heart attack, not the torn aorta he had. The hospital where he was treated has already settled with the family of the Emmy Award-winning actor, best known for "Three's Company" and "Eight Simple Rules for Dating my Teenage Daughter."

Certainly, there's been some debate about wheter this jury made the right decision. And I'm sure that Ritter's family will never feel at peace with this decision or his death. In fact, a lot of families feel that way.

More often than we'd probably all like to believe, people die as a result of some medical "accident." But are all medical accidents grounds for a medical malpractice lawsuit?

The short answer is no.

To win a medical malpractice case, you must prove that you (or your loved) one received substandard care and suffered an injury that resulted in damages. To mount a successful medical malpractice claim, you have to be able to prove that the medical outcome would probably have been different had the patient not received substandard care.

These are complex legal issues that can be very confusing for most lay people. Add grief to that confusion, and it's no wonder that people struggle with whether to file a medical malpractice or wrongful death case.

On the one hand, most grieving family don't want to appear litigious. They want to trust the doctors and trust that their loved one received the best possible care. But on the other hand, they're likely to want someone to be held responsible for their loved one's death, especially if it was preventable. And they don't just want to forget about it because by doing so they may feel like they're saying that their loved one's life didn't mean anything.

If you're struggling with these issues, remember that you alone don't have to determine if your loved one's death was the result of medical malpractice. Consult an attorney, who knows the law and who has dealt with these kinds of cases before, and that person can give you advice on whether to pursue a lawsuit.

Asking for an attorney's input can be a way of honoring your loved one.

Originally posted at InjuryBoard by Dan Deuterman

Teen Killed In Fatal BMW Crash Sought Speeding Advice in Online Forum

Dan Deuterman — Wed, 30 Jan 2008 13:36:10 GMT

Just 12 hours before he died in a reckless, high-speed crash, an 18-year-old Florida man logged onto an online forum for BMW drivers and asked for tips on driving his faster.

Later that same night, Joshua Ammirato raced his 2008 BMW M5 off an airstrip and into a tree. He and four other young men from Marion County in Florida were killed in the high-speed crash that clearly was the result of joyriding and youthful bravada.

In between typical car banter, some of the posters on the M5.com questioned Ammirato's maturity and urged him to be cautious while driving his high-performance car.

"[I]t's just disturbing to know, if you're for real, that an 18 year old who is asking these questions about a 500hp car is driving the same streets I am. I don't have anything against young guys driving nice cars, but an 18 year old behind the wheel of an M5 is what accidents are made of," he wrote.

Ammirato assured his fellow M5 bufs that he was a safe driver -- an assertion that contrasts sharply with accident reports.

"I completely understand where you are coming from assuming that I am irresponsible ... that is definitely understandable. I do sometimes make bad decisions but I am young and I do drive safe and I will not endanger the lives of others."

A case like this truly is tragic. All teenagers do stupid things, but for these five will never have the chance to do another stupid thing. And where does fault for this accident lie? Solely with the driver? Or with his friends, who surely encouraged him to push the limits of his fast sportscare? With his father, for giving an 18-year-old such a powerful car? With BMW for manufacturing a performance vehicle? With online car buffs who are always boasting about the performance they get from their sports cars? I'd love to hear your opinion.

Originally posted at InjuryBoard by Dan Deuterman

Great tips for prevening deadly hospital infections

Dan Deuterman — Tue, 29 Jan 2008 12:56:51 GMT

I have to applaud fellow InjuryBoard member Jennifer Moore of Grossman & Moore in Louisville, Ky., for a great article on things patients can do to avoid hospital infections.

She essentially provides a checklist for things you can ask and ask others to do if you must be hospitalized.

I encourage you to read Jennifer's posting or the entire report from the Committee to Reduce Infection Deaths.

Originally posted at InjuryBoard by Dan Deuterman

Preventing Construction Injuries

Dan Deuterman — Wed, 02 Jan 2008 15:26:31 GMT

Construction work is one of the most dangerous jobs out there, accounting for more workplace injuries and fatalities than any other field.

But there are simple things that construction workers and their employers can do to prevent injuries on the job.

These tips are taken from a new 92-page guide from the CDC's National Institute for Occupational Safety and Health. It's a must-read for any construction worker, supervisor, contractor or foreman.

- Change tools and/or equipment. For example, use tools with extension handles that let you stand up rather than stooping.

- To reduce the amount of overhead work you must do, use a lift to raise yourself
so you are closer to the work.

- When you pick up or set down a load, don't reach more than 10 inches away from your body.

- Don't twist your body.

- Lift with your legs, not your back. Keep your back as straight as possible.

- Lift any load using a solid two-handed grip

- Use ergonomically designed tools that are designed to fit the hand and body and the job.

I've really simplified the tips contained in the NIOSH report. This is one of the most comprehensive tipsheets I've ever seen for the construction industry, and the researchers have done a good job of providing specific examples for preventing injuries while performing various construction tasks. You can learn something whether you're installing drywall, caulking, cutting sheet metal or tying rebar.

For more information on this subject, please see our section on Workplace Injuries and Workers Compensation.

Originally posted at InjuryBoard by Dan Deuterman

North Carolina Slow to Prosecute Teens for Cell Phone Driving Offenses

Dan Deuterman — Mon, 31 Dec 2007 15:15:50 GMT

Distracted teenage drivers chatting away on the cell phone can have deadly consequences, as we've written about here before.

But only 23 teens in North Carolina have been convicted so far under a state law that went into effect last year that bans teenage drivers from talking on cell phones. These stats make me wonder and ask two questions:

Are cops too busy to stop and ticket teen drivers who are violating the ban on using a cell phone while driving?

Or has teen cell phone use while driving been exaggerated? (I throw this question out here just be be balanced, not because I really believe the answer is yes.)

In North Carolina, teen violators of the law can receive a $25 fine and have six months added to their graduated license requirements.

Besides laws like this one in my state, what can be done to keep teens from texting while driving and talking on the phone while driving?

For more information on this subject, please see our section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Dan Deuterman

New study reveals hundreds of toys on store shelves are contaminated with lead and other dangerous chemicals

Dan Deuterman — Wed, 05 Dec 2007 10:34:51 GMT

As a parent, it's frightening to hear just how many toys are contaminated with lead.

A shocking new report issued today by the Ecology Center revealed that hundreds of toys still being sold are contaminated with lead, many with levels higher than the federal recall standard.

Fueled by recent toy recalls (all involving toys manufactured in China), the Ecology Center tested more than 1,200 children's products for lead and other harmful chemicals.

These are the results:

- 35 percent contained lead

- 17 percent of the children's products tested had levels of lead above the 600 parts per million federal standard that would trigger a recall of lead paint

- Only 20 percent of the toys and other products had no trace of lead or harmful chemicals

The issue of lead in toys has been in the news a lot lately, and this isn't the case of the media being alarmist. Lead exposure and ingestion is very dangerous to children, and they're at a very high risk when they play with lead-tainted toys and put them in their mouth.

Lead poisoning can cause irreversible learning disabilities and behavioral problems and, at very high levels, seizures, coma, and even death.

For a full list of the toys tested and their lead levels, check out The Consumer Action Guide to Toxic Chemicals in Toys. (You may have to try the link several times. Not surprisingly, traffic to the site has been very heavy and the link has been down some.)

For more information on this subject please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Dan Deuterman

OSHA Increasing Unannounced Safety Checks to Prevent Construction Injuries

Dan Deuterman — Thu, 01 Nov 2007 14:53:25 GMT

For many construction workers, job safety is truly a matter of life and death.

It's hard to imagine putting your life on line everyday just by going to work. A startling number of construction workers are injured and die each year from falls, crushed by equipment, electrocutions and other causes. The number of construction-related injuries numbers more than 400,000 every year, according to OSHA and the Bureau of Labor Statistics. In addition, more than 1,100 people die every year in construction accidents.

Those fortunate to survive a work-related accident have to enter the red-tape world of workers' compensation, and many people are only adequately compensated with the help of an attorney.

Common sense dictates the best way to recover from a work-related injury is to avoid it all together.

The Occupational Safety and Health Administration, or OSHA, is hoping to reduce construction-related fatalities and injuries, specifically, in the Southeast by conducting a series of unannounced construction site safety checks.

As part of a campaign dubbed "Swept Up in Safety Weeks," checks will be carried out over the next 12 months with unannounced visits to construction sites throughout the entire Southeast region, which includes the Carolinas.

OSHA hopes these checks will help spot and eliminate safety and health hazards at construction sites and reduce injuries and fatalities.

For more information on this subject, please refer to the section on Worksite Injuies and Workers Compensation.

Originally posted at InjuryBoard by Dan Deuterman

Sending a Text Message While Driving Will Soon Be Illegal in Washington State

Dan Deuterman — Wed, 31 Oct 2007 14:48:32 GMT

Need to text? Your cell phone could be taken away

Texting while driving can lead to deadly consequences, which is why states are taking a look at toughening laws to deter drivers from using their handheld electronics behind the wheel.

Washington state has received a lot of attention lately after passing a ban on texting while driving that takes effect this January. Violaters will be charged $100 fines and may even have their cell phone confiscated for repeated offenses.

I'd love to hear your thoughts on this topic. Are texting while driving bans a good idea? Are there better ways to prevent deadly car accidents that occur when drivers become distracted by cell phones, text messages and other things?

For more information on this subject, please refer to our section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Dan Deuterman

Allstate settles class-action suit in Washington state

Dan Deuterman — Tue, 30 Oct 2007 15:05:37 GMT

Many injured drivers in Washington state were getting shortchanged by their insurance company, resulting in paying medical expenses out of their own pockets when they should have had coverage, according to a class-action suit that Allstate is settling out of court.

The Seattle Post-Intelligencer reports the tentative settlement of the class-action suit will affect Allstate car insurance policy holders who filed personal-injury protection claims or Medpay coverage and their claims were adjusted using "the ADP or Mitchell Medical bill review system."

The review system is actually a computer software program that figures in reasonable costs for medical bills in a geographic area. However, Allstate's problem is it used the billing review software and then only paid 85% of the claim, without giving any reason to not cover the other 15%. This left some insured people paying hundreds of dollars out of their own pocket when they thought they had full insurance coverage.

The class action suit will impact anywhere from 30,000 to 40,000 policy holders in Washington state and may have a ripple effect to other states and force other insurance companies to rethink this bill review system.

We've blogged previously about the bad practice of applying generic and standardized payments for injuries and medical bills, especially the recent order signed in South Carolina regarding workers' compensation claims.

We know many insurance companies try to arbitrarily decide a "reasonable" payout rather than considering the full impact of the injury. For example, if a surgeon loses a finger the impact to his livelihood would likely be much greater than to an attorney who suffered the same injury.

Originally posted at InjuryBoard by Dan Deuterman