Little Rock Personal Injury Lawyer - Miscellaneous

Bicycle Safety Tips

Drew Dixon — Tue, 01 Jul 2008 12:05:09 GMT

When most people think of bicycle safety they think that wearing a helmet is sufficient. However, bike riders must also consider the danger of riding on roads prone to cars and trucks. With more and more people turning to bikes as the cost of gas increases, many cities like Little Rock continue to construct bike trails. However, there are places without crosswalks where people are expected to cross multiple lanes of traffic to continue on the trails. Therefore, it is important to follow these safety tips to ensure a safe ride.

• Try to keep your bike in good shape.

• Always let cars and people go first.
• Slow down and check traffic at all corners.
• Keep both hands on the handle bars except when doing turn signals.
• Walk across busy streets.
• Stay off busy streets.
And always remember to wear a helmet because most bike crashes result in injuries to the head. For more information on bicycle safety check out http://kidshealth.org/kid/watch/out/bike_safety.html.

Image Source: Wikimedia Commons

Originally posted at InjuryBoard by Drew Dixon

New Rule to Prevent Unneeded Insurance For Elderly and Disabled

Drew Dixon — Mon, 12 May 2008 11:28:59 GMT

A new Federal Rule proposed last week would limit the contact private health insurance companies could have with Medicare beneficiaries. Under the proposed Rule, agents of private health insurance companies would be barred from cold-calling, door-to-door solicitations, and from setting up tables used for pitching their policies outside hospital waiting rooms and pharmacies.

The Rule is intended to make it harder for private health insurance companies to pressure Medicare beneficiaries into insurance policies that don't want or need. The underlying reason a Rule like this is required is because it is much harder for someone to say "NO" to the solicitor face-to-face resulting in undue influence or pressure which ultimately causes the person being solicited to make a decision they might not otherwise make.

Advocacy groups see the proposed Rule as a step in the right direction. However, they continue to want more asking the states to regulate the insurance companies that offer Medicare Advantage plans. Currently the states only regulate the activities of the agents selling the plans.

It is a shame that the Federal Government must step in and create a rule that would prevent this type of solicitation. In my opinion, if the Health Insurance Companies were truly worried about their beneficiaries and not just making more money, then they would provide opportunities for informed choices.

For more information check out the Center for Medicare and Medicaid Services at http://www.cms.hhs.gov/.

Originally posted at InjuryBoard by Drew Dixon

Arkansas Trial Lawyers Association Awards Sach Oliver Outstanding Young Lawyer

Drew Dixon — Wed, 07 May 2008 20:44:28 GMT

The Arkansas Trial Lawyers Association announced today that, Sach Oliver is the recipient of the organization’s 2008 Outstanding Young Lawyer Award.

Each year ATLA recognizes a member of the ATLA Young Lawyers Division who demonstrates a high level of professional excellence, dedication and leadership. This year, Sach Oliver has demonstrated excellence in all the qualifying categories and most notably in the area of professional excellence.

“Sach has a history of leadership beginning with his service as president of the ASU Student Government during his undergraduate career where he also received the Wilson Award for Outstanding Service,” stated John Patterson, Past President of ATLA.

In law school, Oliver was President of the Student Chapter of ATLA at the U of A School of Law and won the coveted “Best Oral Argument” award in the National Trial Competition sponsored by the American College of Trial Lawyers defeating students from the top 150 law schools throughout the country.

Upon receipt, Oliver noted, “I am honored to be recognized by such an outstanding organization, ATLA. It is a privilege to represent and protect the rights of our wonderful clients while holding wrongdoers accountable.”

The Arkansas Trial Lawyers Association (ATLA), founded in 1963, is an affiliate of the American Association for Justice in Washington, D.C. ATLA was established in order to advance the administration of justice while upholding and improving the adversary system and preserving every citizen's access to trial by jury. Through continuing legal education programs and publications, ATLA serves its membership by providing training in all fields and phases of advocacy. The association is a volunteer organization with a statewide membership of approximately 1,000 lawyers from all 75 counties and several states.

Originally posted at InjuryBoard by Drew Dixon

Settlement in Autism Vaccine Case

Frank Bailey — Mon, 31 Mar 2008 16:52:46 GMT

A breakthrough in autism litigation may open the door for parents who have autistic children to recover for their child's injuries. The government has reached a settlement with Terry and Jon Poling and conceded that the facts of that case meet the statutory criteria for demonstrating that the vaccinations their child received on July 19, 2000, significantly aggravated an underlying mitochondrial disorder, which predisposed her to deficits in cellular energy metabolism, and manifested as a regressive encephalopathy with features of autism spectrum disorder. The government then recommended that compensation be paid to the petitioners for their child's injuries.

Dr Julie Gerberding, director of the Centers for Disease Control and Prevention, however, stated last week, "Let me be very clear that the government has made absolutely no statement indicating that vaccines are a cause of autism."

The settlement does give a ray of hope to thousands of families with autistic children, that the government may finally recognize the link between the vaccinations and autism. We here at the Bailey and Oliver Law firm are following these new developments very closely. We will gladly answer your questions concerning these types of cases.

Originally posted at InjuryBoard by Frank Bailey

Trucking Companies Are Liable for Punitive Damage

Frank Bailey — Wed, 26 Mar 2008 09:07:08 GMT

Punitive damages against trucking companies may be imposed to punish the trucking company and to deter the trucking company and others from similar conduct. In order to recover punitive damages from a trucking company in Arkansas, a plaintiff must show that the trucking company knew or ought to have known; in the light of the surrounding circumstances that its conduct would naturally and probably result in injury and that it continued such conduct in reckless disregard of the consequences.
When assessed against trucking companies, punitive damages are usually based on the company's knowledge about a driver's previous woeful driving record, knowing about a driver's drug use, or knowing about a driver's continual violation of either company or federal safety regulations and failing to remedy the situation. Other reasons that justify punitive damages would be running a truck that needed repair, requiring a driver to drive longer than is safe, or requiring a driver to falsify his log.
Trucking companies have attempted, with limited success, to avoid liability, by asserting that their drivers are independent contractors. Congress took care of this at the urging of trial lawyers by enacting 49 USC 14102 which defines truck drivers as employees of trucking companies, regardless of the way the company classifies its drivers.
If you have been injured by a truck and have questions, we here at the Bailey and Oliver Law Firm will be glad to talk with you at no charge.

Originally posted at InjuryBoard by Frank Bailey

Zetia May Cause Liver Damage

Frank Bailey — Fri, 21 Dec 2007 14:58:44 GMT

Are big drug companies hiding the results of unfavorable test in favor of profits? A recent article in the New York Times seems to indicate that is just what is happening. The New York Times writes:
New evidence shows that the drug makers Merck and Schering-Plough have conducted several studies of their popular cholesterol medicine Zetia that raise questions about its risks to the liver, but the companies have never published those results.

Partial results of the studies, alluded to in documents on the Food and Drug Administration's Web site, raise questions about whether Zetia can cause liver damage when used long term with other cholesterol drugs called statins.

Most of the millions of people who use Zetia take it along with a statin like Lipitor, Crestor or Zocor. Or they take it in a single pill, Vytorin, that combines Zetia with Zocor.
The discovery of the unpublished research comes as Merck and Schering are already under criticism for not yet releasing data from an important Zetia study, called Enhance, that they completed early last year.

Trial attorneys are working every day to make big drug companies meet their responsibility to the American public. If we as Americans do not come forward and demand truthfulness from big drug companies we will see the drug companies and their defense lawyers congratulating each other for having permanently escaped responsibility yet another time.

Originally posted at InjuryBoard by Frank Bailey

How Allstate Insurance Company Treats Its Policyholders

Frank Bailey — Wed, 19 Dec 2007 16:25:02 GMT

Allstate Insurance Company continues to ignore a judge's ruling to turn over papers. Facing a $25,000 a day fine, Allstate continues to disregard a Missouri judges order to turn the papers over. Allstate told the judge they will not turn over the papers no matter how much he fines them.
Last month the Missouri Supreme Court ordered the papers turned over. Allstate still refused.
I wonder what Allstate is hiding...
Could the documents show how Allstate shortchanges policyholders while making huge profits?
If you are an Allstate policyholder and have a problem with Allstate, you might need to contact a trial attorney.

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

Originally posted at InjuryBoard by Frank Bailey

Is Cymbalta Safe

Frank Bailey — Fri, 16 Nov 2007 16:17:40 GMT

Cymbalta, duloxetine hydrochloride, was created by the same Eli Lilly researchers that were behind Prozac. David Wong and Frank Bymaster first published the discovery of the novel drug, then known as LY227942, in 1988.

The scientist wrote, "These findings suggest that LY227942 has the pharmacological profile of an antidepressant drug and is useful to study the pharmacological responses of concerted enhancement of serotonegic and norepinephrine transmission." That means the drug stops the uptake of certain chemicals in the brain, thus increasing the amount of those chemicals in the brain artificially.
Eli Lilly and Company had the formula for duloxetine hydrochloride patented in 1991, but the drug was not approved by the FDA at that time. Lilly began research on human subjects at 20mg in 1997. Initial trials conducted in depressed patients using regimens of 20 mg/day or less did not convincingly demonstrate its efficacy as an antidepressant and the dose was increased to as high as 120mg in subsequent clinical trials done by Eli Lilly. During these trials some of the subjects committed suicide.
In November, 2001, even though some of the subjects had committed suicide, Lilly filed a New Drug Application for duloxetine for depression with the FDA. The launch of duloxetine was planned for the second half of 2002. Lilly received an approval letter from the FDA for Cymbalta for depression in September 2002. In October 2003, the FDA issued duloxetine a second approval letter saying it did not need to see any more test results before the drug got the final approval for depression.
Sixteen years after its discovery, in August 2004, Cymbalta was approved by the FDA for MDD. More than 500 sales representatives went out to help Lilly's substantial sales force promote Cymbalta by providing free samples of the drug to physicians in the United States.
Lilly has actively promoted the drug by giving free samples to physicians and launching a huge marketing campaign to consumers. In light of the number of people who have committed suicide after taking Cymbalta, many people have questioned the safety of this powerful antidepressant and its effects on the people who take it.

Originally posted at InjuryBoard by Frank Bailey

Nike Football Helmet Chin Straps Recall

Frank Bailey — Wed, 14 Nov 2007 11:58:05 GMT

On November 13, Nike recalled about 235,000 football helmet chin straps. The chin strap's plastic cup can break as a result of contact, exposing the player to facial or head injuries. Like many toys that have been recently recalled these straps were made in China.

Nike has received 18 reports of the chin strap breaking, including two reports of concussions, two reports of facial lacerations requiring stitches, and a report of a broken nose.
The recalled football helmet chin strap consists of a plastic cup with a foam liner, straps and four metal snaps. They were sold in both youth and adult sizes.
Nike has urged consumers to stop using the straps immediately and to apply for a product voucher redeemable at www.nikestore.com.
If you or a family member have been injured as a result of one of these straps breaking you may be entitled to compensation for the harms and losses incurred as a result of the defective strap.

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

Originally posted at InjuryBoard by Frank Bailey

Remote Control Airplanes Recalled Due to Risk of Explosion and Hearing Damage

Jenny Albano — Tue, 24 Jul 2007 14:54:39 GMT

The CPSC, in cooperation with Estes-Cox Corp., are voluntarily recalling about 21,000 Sky Rangers Park Flyer Radio Control Airplanes. The airplanes are meant to be launched by hand and may explode near the consumer's head. The explosion could pose a risk of hearing loss and injuries to the eyes, face, and hands.

So far Estes-Cox has received 45 reports of the airplanes exploding. There have been 22 reports of people experiencing temporary hearing loss or ear pain; five reports of people receiving minor burns to the hands, face or eyes; two reports of chest impact from the debris of the remote control plane; two reports of eye injuries, and one report from someone whose hand was cut.

This recall involves Model 4116 Sky Rangers Park Flyer radio control airplanes, which come with a black battery charger. The airplanes have a wingspan of about 14 inches, a light blue, white and orange polystyrene foam fuselage, and a copper coil on the rudder. Airplanes with a warning sticker on the fuselage near the on/off switch are not included in the recall.

The remote control airplanes were available in hobby stores and from other retailers through out the U.S. from September 2005 to December 2006.

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

Originally posted at InjuryBoard by Jenny Albano