http://news.yahoo.com/device-manufacturer-sued-again-superbug-outbreak-l-hospital-234742835–finance.html
In this case, a man was treated using a device that was infected by a “superbug” that then infected the patient and caused a great amount of harm to him.

I get these calls more often than you think, and it raises an interesting question:  Is there always negligence when someone gets sicker after they get treatment?

The answer is “no.”

Negligence is defined in these contexts as a failure to meet the standard of care.  So in situations where health care providers do everything that the local standard of care requires – like cleaning and using instruments per guidelines – and someone still gets sick, injured, or infected, that doesn’t mean there was negligence.  It just means stuff happens.

But sometimes there is negligence.  When providers re-use instruments or don’t clean them properly and injuries occur, that’s more like negligence.  But it can be hard to prove.  Will they write in their notes, “And then I wiped that scalpel with my dirty handkerchief and proceeded to cut the patient with it” ?  Probably not.

These cases can be complex and difficult to prove.  If you have a situation like this you should talk to an attorney.  I’m willing to talk, so call: 919-929-2992.

Please let me know what thoughts you have on this:  Twitter: @jahatty; Facebook: Jeffrey Allen Howard, Attorney at Law, PLLC.

http://www.wral.com/unc-chapel-hill-former-adviser-willingham-settle-lawsuit/14468630/

Tar Heel born, Tar Heel bred…so I’m a homer for sure.

But what is this all about?  She calls out the University for lax standards, gets demoted and slandered, and they say they didn’t do anything wrong?  THEN they give her money and maybe with a confidentiality agreement?  In my business, I know that payment on a claim doesn’t count as an admission.  But in this case…

What do people think about this stuff?  I’d like to hear from everyone.  Yes, Duke fans and State fans will kill us on this, but shouldn’t we be held accountable?  And be careful, folks…I would be willing to bet the same shenanigans are going on at your school, too.

 

I have represented many, many UPS employees in workers’ compensation claims.  Like many, I had always heard about how awesome the pay was for UPS workers, but it wasn’t until I started handling these on-the-job injury claims that I realized what a dangerous job these folks have.

The drivers have a reputation for being very well paid, but there’s a reason.  They are under extreme pressure to be on time and they are doing a myriad of tasks:  driving, navigating, getting in the truck, getting out of the truck, opening the door/closing the door, picking up little boxes, picking up big boxes, walking up stairs, dodging dogs…you name it.  There’s no end to the way they can get hurt.  What I see most are back injuries and dog bites.  It’s very likely that a back injury will end your career in that business.

The guys in the warehouses slinging boxes are normally waiting for a driver position to open up so they can get a piece of that pie.  But in a way they are trading up for a more dangerous job.  The repetitive lifting leads to many injuries in their warehouse duties and puts a lot of wear and tear on their bodies.  Then when they get on a truck, they are more likely to be injured.

http://www.latimes.com/nation/la-na-court-pregnant-ups-20150325-story.html

Here is a story about a pregnant woman who wasn’t accommodated during her pregnancy during her time at UPS.  It’s a California case that went to the Supreme Court.  Without weighing in too much on the legal analysis, this is an example of how UPS often treats its employees.  If they won’t take it easy on a pregnant lady, how do you think they treat the other workers? I know from personal experience how unfairly they treat their workers, regardless of pay.  It would be nice if they would recognize how much money they are making on the backs of these hard workers, but like many businesses, they see these workers as just another commodity, and when one falls, there’s another one waiting to take his or her place.

If you are injured at work, you should seek an attorney’s advice immediately.

Call me: 919-929-2992.

http://news.yahoo.com/amtrak-train-truck-collide-north-carolina-several-hurt-180638852.html

Quick Summary:  Gigantic truck carrying modular building, escorted by State Troopers, got stuck at a rail crossing.  Train smashed into it.  Many injured.

How in the heck does this happen in this day and age?  Normally, the way this works is there’s some knucklehead in a pick-up who just can’t quite figure out that it’s the pedal on the right that needs stomping.

But in this situation, there seemed to have been several ways to avoid this.  Let’s discuss:

First, if you’ve got a Trooper escort, then you realize already that this is a special situation.  That being the case, why didn’t they route this over a clearer highway route?  Why were they at this intersection, particularly given the difficulty of the turn described in the article and the mega-trailer involved?

Second, when the truck appears to be stuck, shouldn’t the Trooper be able to communicate to the rail folks that there’s a dangerous situation and any trains need to be diverted or stopped?  We need to know the time-line a little better, but it seems plausible that there was time to warn the train with sufficient notice to stop to avoid the collision.

Third, sometimes these crossings are just poorly designed, and the State is to blame.  But from these facts it seems like it’s more likely the crossing and turn in relation to the size of the vehicle involved, so I’m not sure that the crossing design is to blame.

Fourth, what about Amtrak?  Couldn’t they have a better system for spotting these sorts of troubles?  If we can have cell phones connected to our home alarms, can’t they monitor crossings better?

Finally, the driver…shouldn’t he have been able to see that his truck wasn’t going to be able to do this in the first place?

There’s plenty of blame to spread around here and I hope the people on this train that were injured get a fair award for their injuries.

If you know of any of them, tell them to call me!

919-929-2992

http://www.columbian.com/news/2015/feb/10/lawsuit-injured-teen-gymnast-evergreen-schools/

I don’t know all of the details on this case, but in a nutshell a girl was practicing her uneven bars routine at a school gymnastics practice and injured her neck, requiring several surgeries and future care.  Parents filed a lawsuit based on the negligent supervision of the school faculty.

What are your thoughts on school sports injury lawsuits?  Are they a good thing?  A bad thing?

I think like everything else, it all depends on the details.  Many sports are inherently dangerous, as many physical activities can be.  As I like to say, “Physics is a b!#$%.” Even with the most diligent supervision, accidents can happen.  So parents and students have to make informed decisions as to how much they are willing to risk to engage in these activities.

Let’s say there was a fencing class, and there’s a coach teaching technique, everyone is wearing the proper masks and vests, but a brand new foil fails, snaps, and the jagged end pierces a students arm.  Should the school be held responsible for that?  Or is that just a “stuff happens” moment?  Clearly, there may be a products liability case against the sword manufacturer, but then we get back to this issue:  Shouldn’t you expect to possibly get stabbed if you are playing with swords?

In the case of the gymnast, I’m not sure what the proper supervision would have been, if it was there, or if it had been there this could have been avoided.  I just don’t know enough to form an opinion.

What are your thoughts on these sorts of claims?  Should they be allowed at all?  Should there be an automatic waiver for school sports injury claims?  Let me know what you think.

http://www.journalnow.com/news/local/driver-in-lawsuit-over-boy-s-death-wants-change-of/article_7f07e87e-b64d-11e4-864a-5f1ea339dec4.html

We’ve all been behind school buses and this only ever happens when we are in a hurry.  I know.  But ask yourself this very helpful question:

“Is getting there 2 minutes faster worth maybe killing some kid?”

The answer is, of course, “No.”

So don’t pass stopped school buses.  Just don’t.  ‘K?

https://screen.yahoo.com/videos-for-you/scalded-coffee-then-news-media-104632481.html

People believe such nonsense about this case.  Special interests took hold of this case early and warped it into an urban legend to support their goal of being negligent with impunity.  Please, if you live in America, watch this video to learn more.  It’s important you understand the facts before you judge.  Always.

http://www.nytimes.com/2015/02/06/sports/family-of-player-with-cte-who-killed-himself-sues-pop-warner.html?_r=1

The family of a 25 year old Pop Warner player sued Pop Warner after the man’s suicide due to CTE.  Do you think there will come a time when this lawsuit happens in NC?  I think it’s only inevitable that it will happen.  But in the immortal words of my favorite law school Professor Mark Morris, “It’s not whether or not you can sue, because you can always sue; it’s whether or not you will win.”

In North Carolina, the question would boil down to what the duty of Pop Warner was and did they fail in that duty.  Do sports organizers have a duty to warn you that sports are dangerous for participants?  Do they, or did they at the time, even understand the dangers of multiple head injuries?  Did they fail to warn if they did know?  I don’t think this is an easy win in North Carolina.  And would contributory negligence be raised as a defense?  Should the parents have recognized the dangers even if they weren’t warned?  And would that even be contributory negligence, or would it be a cross claim against the parents?

This is a complicated and sad issue.  People may not like attorneys in general, but everyone is glad they are around when they need them.

 

http://www.indystar.com/story/news/crime/2015/02/01/mcdonalds-drink-focus-muncie-teens-lawsuit/22696595/

Believe it or not, I’ve had this case.  TWICE.  Client goes to fast food joint, gets a drink, takes a sip, and it’s cleaning solution of some sort.  Bleh.

The case in the article is a little different, in that the solution was in the tea dispenser, not simply in the cup.  But the causation is probably the same; the employees are cleaning, forget what they put where, and the next thing you know someone is poisoned.

If this happens to you, bring it to someone’s attention immediately.  Have multiple people on site observe the substance to confirm that it ain’t Coca-Cola, and get their contact information.  Take care of your health, of course, and seek medical attention, but make sure you document that it happened when it happened and it wasn’t you who put the stuff in there.  That’s where these cases fall apart.

It’s sad that we live in a world where you have to think about building your case immediately, but it’s a fact.  The fast food company will do whatever they can to deny your claim, and if you don’t have some testimony to help substantiate that it was their employee who screwed up, your case might fall through.

Protect yourself, protect your case.  Call me. 919-929-2992.

http://durhamfamilylawjournal.blogspot.com/2009/03/heart-balm-torts-alive-well-in-nc.html

NC law allows a jilted spouse to sue the person who had an affair with their spouse.  That’s right, if your wife is seduced by some mustachioed, top-hatted villain, you can sue him and take some $$ from him!  Is that a good thing or a bad thing?  Thoughts? Would you do that?  Talk amongst yourselves…