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The Arbitration Fairness Act of 2007 Considered by Congress

Mike Simon — Thu, 26 Jul 2007 16:39:12 GMT

On July 12th, the Arbitration Fairness Act was introduced to the House and the Senate to amend the Federal Arbitration Act, which was passed in the 1920's. The proposed bill would make clauses in contracts that mandate arbitration and prohibit joining class action lawsuits unenforceable. The bill aims to prevent mandatory arbitration in employment, consumer, franchise, or civil disputes.

Leo Bueno, a Florida debt and consumer attorney highlighted the downsides of such clauses by pointing out that the idea behind arbitration is sound, but that "the mandatory nature of it is offensive...because it takes out the right to sue." Paul Bland, a staff attorney with a D.C. based public-interest law firm, adds that arbitrators who rule against companies too often get blackballed. Bland's comments reveal a harsh reality for consumers, in that companies are typically repeat arbitration customers, and therefore pressure the private arbitration companies to rule in their favor.

Speaking in terms of arbitration legislation, Bland added that "this is, by far, the most comprehensive bill that has been introduced." Proponents of the bill hope to protect Americans' seventh amendment right to a trial by jury.

Originally posted at InjuryBoard by Mike Simon

I-64 Closed Due to Accident

Mike Simon — Tue, 03 Apr 2007 10:58:53 GMT

A motor vehicle accident that involved a cement truck rolling over closed I-64 near Dunbar, West Virginia for a large part of the afternoon on March 30. According to reports, the truck rolled at about 1:40 p.m. and came to rest on a retaining wall, backing up traffic in both directions.

There were no injuries and no other vehicles involved in the accident. The interstate reopened at approximately 4:40 p.m.

Originally posted at InjuryBoard by Mike Simon

Children’s Hooded Fleece Jackets Recalled For Strangulation Hazard

Chrissie Cole — Fri, 27 Mar 2009 14:26:00 GMT

Golden Grove Trading (d/b/a Crystal Castle), in cooperation with the CPSC, recalled Children’s Hooded Fleece Jackets because the drawstring on the hood can pose a strangulation hazard to children.

Drawstrings on children's clothing are a hidden hazard that can lead to injuries and even death when they catch on items such as playground equipment.

So far there have not been any reports of injury reported to the company or the CPSC.

The recalled products are children’s hooded fleece jackets for ages 6-12. The brand names are Golden Grove or Young USA, style number 20k and RN number 106197.

Consumers are advised to remove the drawstrings from the jackets immediately, or to return the item to the place of purchase for a refund.

CPSC guidelines (pdf) for drawstrings on children’s upper garments can be found on the CPSC Web site.

Consumer Contact: For additional information, contact Golden Grove Trading toll-free at (888) 800-3939 between 8 a.m. and 5 p.m. PT Monday through Friday.

Originally posted at InjuryBoard by Chrissie Cole

Drunk Driver Kills Four in Accident

Jenny Albano — Sat, 19 Apr 2008 17:58:07 GMT

On Thursday night, April 18, a drunk driver caused a car crash that sent him to the hospital and killed four others in Wayne County.

The Sheriff's Department reported that Bobby Frazier was driving his Ford F-150 inebriated and crossed the center line of the highway. He then hot another pick-up truck head on, killing all four people in the vehicle.

John Michael Boone, 28, his children 2-year-old Michael Tyler and 3-year-old Jordan Michelle, and a family friend, Thomas Reno Hardwick, 29, were killed, deputies say.

Frazier was taken to a local hospital and after he is treated and released he will be arrested and charged with 3rd offense DUI and four counts of DUI causing death.

Deputies reported that the children were in child safety seats and were properly restrained in the Chevy Colorado.

Originally posted at InjuryBoard by Jenny Albano

Former Police Officer Pleads Guilty

Mike Simon — Wed, 04 Apr 2007 10:43:06 GMT

A former Charleston police officer has pled guilty to charges of speeding and failure to operate an emergency vehicle with lights and sirens arising out of an October 2005 car accident in which a motorist was killed. The officer will pay a fine and serve probation as a result of the plea.

At the time of the accident, the officer was providing backup for another officer responding to a domestic violence call. According to reports, the officer was traveling 79 miles per hour in a 40 mile per hour zone without his lights and siren. His cruiser struck the car of a couple on their way to a church function, and the wife was killed as a result of the accident.

The surviving husband also sued the City of Charleston over the accident, and the lawsuit was reportedly settled in July for $1.8 million.

Originally posted at InjuryBoard by Mike Simon

Day Shelter Cited for Deficiencies

Mike Simon — Thu, 10 May 2007 15:37:35 GMT

In a case of nursing care negligence, a 22-year-old Sissonville man who suffered from severe disabilities died after choking on a hot dog for approximately 45 minutes. At the time of the incident, the man was at West Sattes Day Program, a day shelter facility for disabled adults located in Nitro, West Virginia.

According to the report of the West Virginia Department of Health and Human Resources, the employee responsible for oversight of the man at the time of the incident had not been trained to care for the man or in appropriate CPR techniques, and had only recently been released from prison after serving time for aggravated robbery. Additionally, the shelter's employees apparently ignored medical records indicating that the man could not swallow solid food. Finally, and perhaps most shockingly, employees of the shelter carried the man nearly 200 feet through the facility, which delayed his treatment, and the telephone in the facility was not working. Kanawha County ambulance officials arrived on the scene approximately one minute after a call was received from an employee's personal cell phone, but the call was not made until the man had been choking for some time.

The Deaf Education and Advocacy Focus of West Virginia, known as DEAF, operated the West Sattes facility. The State revoked DEAF's license, but the West Sattes facility, which served approximately 50 disabled individuals initially remained open. In late April, the West Sattes facility and another DEAF facility in Boone County were closed, and their clients transferred to other programs.

Originally posted at InjuryBoard by Mike Simon

BAR/BRI Charging Too Much for Test Preparation?

Mike Simon — Sat, 04 Aug 2007 15:39:47 GMT

A new class action lawsuit has been filed against the country's biggest bar exam preparation company, BAR/BRI bar review, alleging that the company fraudulently and deceptively induced students from New York law schools to purchase BAR/BRI products at inflated prices. The plaintiffs in the $48 million suit are two 2005 graduates and one 2006 graduate from Albany Law School.

The initial class action lawsuit filed was filed on April 29 against BAR/BRI bar review and the West Publishing Corporation, and Kaplan, Inc. The suit claimed that BAR/BRI withdrew from the LSAT preparation business and Kaplan agreed not to enter the bar-review course market, resulting in BAR/BRI students being overcharged, on average, $1000 each, or $300 million collectively. A federal judge approved a $49 million settlement in early July.

Every year, between 35,000 and 40,000 people graduate from the nearly 200 law schools approved by the American Bar Association, and many take a BAR/BRI course. BAR/BRI advertises the course heavily at law schools and hires law students to serve as on-campus representatives.

This is the second antitrust action filed against BAR/BRI. The first was settled for $49 million.

Originally posted at InjuryBoard by Mike Simon

4 Dead in Minneapolis Bridge Collapse

Mike Simon — Fri, 03 Aug 2007 10:18:33 GMT

The eight-lane Interstate 35W bridge, a major Minneapolis artery, was in the midst of repairs when the bridge collapsed during the evening rush hour Wednesday. Cars plummeted more than 60 feet into the Mississippi River, some falling on top of one another.

At least four people are confirmed dead, and approximately 79 were injured as a result of the collapse. Eight people are still missing. Divers continue to search the wreckage, but progress is slow due to the amount of debris in the water, including a number of vehicles.

The bridge failure appears to have been the result of a failure by state officials to acknowledge and take seriously prior reports regarding the structural problems with the bridge. There is a rush now by governments everywhere to inspect their bridges. Unfortunately, the heightened awareness was too late to save the people in Minneapolis.

Unfortunately, the accident is not the only of its kind. The worst bridge collapse accident in American history occurred here in West Virginia when the Silver Bridge collapsed in December 1967, killing 46 people.

For more information on this subject, please refer to our section on the Minneapolis Bridge Collapse.

Originally posted at InjuryBoard by Mike Simon

Small Magnets Pose a Danger to Children

Mike Simon — Wed, 09 May 2007 15:13:25 GMT

The Consumer Product Safety Commission has issued a warning to parents that small magnets from toys can pose a serious danger to children. According to the warning, hundreds of complaints have been filed with the CPSC stating that small magnets have fallen out of toys where they may pose a hazard to children who may swallow the magnets.

There have been 33 cases where children swallowing magnets have required emergency surgery and lengthy hospital stays. There has been at least one case resulting in death. At least ten of the injuries have included children between the ages of 6 and 11. The injuries suffered from the magnets have included intestinal perforation, which is of particular danger when magnets are swallowed along with other metallic objects or other magnets that attract one another through the intestinal walls. This can result in the magnets twisting and pinching the intestine.

The CPSC has conducted five recalls of products containing magnets, which involved over 8 million products. Recently, on March 31, the CPSC recalled over 4 million Magnetix Magnetic Building Sets citing at least 1,500 incidents of the magnets separating from the toys.

Consumers concerned with the Magnetix recall should contact Mega Brands, and the CPSC is encouraging consumers to report any loose magnet incidents.

Originally posted at InjuryBoard by Mike Simon

State Birth Injury Program In Jeopardy

Mike Simon — Tue, 09 Jan 2007 15:27:21 GMT

According to a study released last quarter, the Virginia state birth injury program, designed to bar medical malpractice lawsuits against doctors and hospitals when a child receives permanent birth injuries from oxygen damage or spinal damage, faces a cash shortage of $132 million and, at its present state, can survive only 17 more years.

"There are no real surprises," the program's executive director, George Deebo, told board members Thursday as he handed out copies of the projections produced for the State Corporation Commission by Mercer Consulting Inc. in New York.
The report stresses that the Virginia Birth-related Neurological Injury Compensation Program has sufficient assets to last many more years, but it concludes that it will fail without increased funding or significant reductions in benefits.

The program has a little over $147 million in assets but needs approximately $280 million to cover the care of the 100 children already in the program and those expected to qualify.

Originally posted at InjuryBoard by Mike Simon