Attorney Blog

Car Crashes Now and Then

Thu, 19 Aug 2010 08:00:00 EST

View dramatic changes in automobile safety between then and now: http://www.youtube.com/watch?v=joMK1WZjP7g

Joe Perez Chosen for 2011 edition of "The Best Lawyers in America"

Thu, 19 Aug 2010 08:00:00 EST

Joe Perez has been selected by his peers for inclusion in the 2011 edition of The Best Lawyers in America in the specialty of Personal Injury Litigation.

For over a quarter of a century, Best Lawyers has been regarded by bothe the legal profession and the public as the definitive guide to legal excellence in the United States. Selection to Best Lawyers is based on an exhaustive and rigourous peer-review survey comprising more than 3.1 million confidential evaluations by the top attorneys inthe country. Because no fee or purchase is required, being listed in Best Lawyers is considered a singular honor. The Best Lawyers in America has been described by The American Lawyer as "the most respected referral list of attorneys in practice."

Most Lethal Driving Mistakes

Mon, 18 May 2009 08:00:00 EST

Swerving
The No. 1 fatal mistake made by drivers is perhaps the most simple: not staying in their own lane — i.e., running off the road or drifting into the adjacent lane. According to the National Highway Traffic Safety Administration, in 2007, 15,574 people died in crashes where the driver simply couldn't stay in the lane.

Driving While Drowsy
"Driving a vehicle when you are fatigued is as dangerous as driving while impaired by alcohol or drugs," National Transportation Safety Board Acting Chairman Mark V. Rosenker said after a fatal highway accident in 2003 in which a college student who had been awake for the previous 18 hours was driving a carload of fellow students at 5 a.m. According to the NHTSA, in 2007 fatigued driving caused the deaths of 1,404 people, and more traffic fatalities occurred during the hours when most people are accustomed to being asleep (3 a.m. to 6 a.m.) than at any other time of day.

Drinking and Driving
Every 40 minutes someone dies in a drunk-driving accident. (In all 50 states, a blood-alcohol level of 0.08 percent or more is considered illegal, but a little-known fact is that you can be charged with driving while impaired even if you're under the legal limit.) Young drivers are particularly prone to drinking and driving: The 21- to 34-year-old set is responsible for well over half of alcohol-infused fatal crashes. Not surprisingly, the decision to get behind the wheel while intoxicated is made most often at night and on the weekends. According to the NHTSA, 60 percent of drivers who died after dark in 2007 were legally drunk. Alcohol is also a factor in half of pedestrian traffic deaths — both drivers and pedestrians are the culprits.

Overcorrecting
You get panicky when the wheels of your SUV hit the rumble patch on the shoulder of the highway, so you throw the steering wheel in the opposite direction to get the vehicle back on the road. This is a classic example of overcorrecting or oversteering, and it's a particularly perilous maneuver when you're behind the wheel of an SUV driving on the highway at high speeds. Consider it a rollover waiting to happen. More than 4 percent of automobile fatalities a year occur because of drivers overcorrecting.

Discuss: What is the most dangerous thing you've done behind the wheel?

Speeding
Racing, driving faster than the posted speed limit or simply going too fast for road conditions — i.e., speeding — comprises the second highest cause of death in fatal crashes, according to the NHTSA. Once you hit 55 mph, you're in the danger zone: 30 percent of fatalities occur at 55 or above. The worst-case scenarios invariably involve speeding without wearing a seat belt or a motorcycle helmet. Fatality rates for speeding motorcyclists are shockingly high: In 2007, speeding was a factor in 36 percent of motorcycle fatalities. Of those, 41 percent of drivers and more than half of passengers were not wearing helmets (only 20 states and the District of Columbia require helmets).

Failure to Yield Right of Way
For drivers age 70 and above, failing to yield while merging into traffic is the top cause of crashes. In a recent study by the Insurance Institute for Highway Safety, drivers 80 and older simply fail to see the other vehicle they should be yielding to. Drivers 70 to 79 see the vehicle but misjudge whether they have time to proceed ahead of it. Failure to yield right of way was the fifth leading cause of fatal crashes in 2007.

Erratic or Reckless Driving
At its mildest, we're talking about weaving and tailgating; at its most severe, this kind of driving involves steering down the wrong side of the road, exceeding the speed limit by 20 mph or doing more than 80 mph, and worse. Reckless driving can bring fines, jail time — and death. More than 1,850 fatalities in 2007 were the result of erratic or reckless drivers.

Read: You Drive Me Crazy

Running Red Lights
A whopping 75 percent of automobile crashes occur in cities, according to the nonprofit Insurance Research Council. The most common cause of these accidents? Hitting the gas when the light turns red. Of the myriad types of collisions that can result, head-on and side-impact collisions are the most dangerous. NHTSA statistics show that of the 41,059 automobile fatalities in 2007, 54 percent occurred in cars that sustained frontal damage. When you cut it too close while running a light, your front end or another car's front end is impacted. Either way, it's a recipe for a deadly accident.

Not Wearing a Seat Belt
Despite the fact that seat belt use is far more prevalent than even a decade ago — not to mention being legally required — 33 percent of people who die in vehicle fatalities failed to buckle up. Without a seat belt, car drivers and passengers put themselves at risk of being ejected from a vehicle, and 76 percent of the time the ejection ends in death.

Discuss: What is the most dangerous thing you've done behind the wheel?

Inattentive Driving
Eating, talking on a cell phone, typing text messages and fumbling with the car stereo all fall under the umbrella of inattentive driving, which was responsible for 4,704 deaths in 2007. Of these bad habits, cell phone use behind the wheel is becoming standard practice, with an estimated 1 million Americans driving and talking on the phone at any given time. With that comes a four-fold increase in the risk of crashing. One example, which caused the NTSB to launch an inquiry, involved an SUV that veered off the left side of the road, jumped the median, flipped and landed on top of a vehicle driving the opposite direction. The driver was trying to negotiate high crosswinds while talking on a handheld phone. Surprisingly, using a hands-free device likely wouldn't have made a difference. "You'd think using a hands-free phone would be less distracting," said Anne McCartt, author of a study published in the British Medical Journal. "But we found that either phone type increased the risk."

Claire Martin has written for The New York Times, Los Angeles Times, and Outside magazine. She's the former deputy editor of Men's Journal and currently lives in Los Angeles, where she covers technology, travel and food.

HTPV Recall

Mon, 06 Apr 2009 08:00:00 EST

Consumers Urged to Replace Dangerous Home Heating Vent Pipes

U.S. Consumer Product Safety Commission

Office of Information and Public Affairs Washington, DC 20207

FOR IMMEDIATE RELEASE

April 1, 2009

Release #09-175

Manufacturers' Recall Hotline: (800) 758-3688 CPSC Recall Hotline: (800) 638-2772 CPSC Media Contact: (301) 504-7908

May 1, 2009 Deadline Approaching for Remedy Change in Recall Program; Consumers Urged to Replace Dangerous Home Heating Vent Pipes

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission (CPSC) and various home heating furnace, boiler, and high-temperature plastic vent pipe (HTPV) manufacturers are urging home owners who have not yet responded to the previously-announced 1998 recall, to do so immediately. After May 1, 2009, the remedy consumers receive will change.

The recall originally included about 250,000 Plexvent and Ultravent HTPV pipe systems attached to gas or propane mid-efficiency furnaces and boilers in homes. The HTPV pipes can crack or separate at the joints and leak deadly carbon monoxide (CO) gas. After checking the vent pipes, consumers should call (800) 758-3688 between 8 a.m. and 7 p.m. ET Monday through Friday to sign up for HTPV pipe system replacement.

To see this recall on CPSC's web site, including a link to the previous press release, please go to:

http://www.cpsc.gov/cpscpub/prerel/prhtml09/09175.html

Mon, 06 Apr 2009 08:00:00 EST

Nautilus Recalls Bowflex(r) Home Gyms Due to Risk of Injury

Tue, 24 Mar 2009 08:00:00 EST

Nautilus Recalls Bowflex(r) Home Gyms Due to Risk of Injury

News from CPSC

U.S. Consumer Product Safety Commission

Office of Information and Public Affairs Washington, DC 20207

FOR IMMEDIATE RELEASE

March 3, 2009

Release #09-138

Firm's Recall Hotline: (800) 259-9019

CPSC Recall Hotline: (800) 638-2772

CPSC Media Contact: (301) 504-7908

Nautilus Recalls Bowflex(r) Home Gyms Due to Risk of Injury

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.

Name of product: Bowflex(r) Ultimate 2 Home Gyms

Units: About 78,000 (about 68,000 home gyms were recalled on December 6, 2007)

Importer: Nautilus Inc., of Vancouver, Wash.

Hazard: The home gym's horizontal seat rail is designed to be latched in a vertical position for storage. If the seat rail is not manually latched, it can fall unexpectedly on the user or a bystander, posing a risk of serious injury.

Incidents/Injuries: Nautilus has received 18 reports of injuries caused by unlatched seat rails that have fallen, resulting in head and shoulder lacerations, some requiring stitches or staples.

Description: This recall involves the Bowflex(r) Ultimate 2 Home Gyms. The home gyms are equipped with pulleys, resistance rods, and other equipment, which allow the user to perform a variety of exercises. "Bowflex Ultimate 2" is written on the vertical part of the frame.

Sold at: Specialty fitness retailers nationwide and through direct Nautilus sales from June 2005 through January 2009 for about $2,300.

Manufactured in: China

Remedy: Consumers may continue to use their home gyms for exercising, but should not place the seat rail in the vertical (storage) position until the repair is performed. Registered owners are being sent a free repair kit. Owners who have not received a repair kit by March 10, 2009 should contact the firm.

Consumer Contact: For additional information, contact Nautilus at (800) 259-9019 between 8 a.m. and 5 p.m. PT Monday through Friday, or visit the firm's Web site at www.bowflex.com

Zencore Plus Recalled

Tue, 24 Mar 2009 08:00:00 EST

Subject: MedWatch - Zencore Plus recalled due to product containing undeclared drug

Bodee LLC and FDA notified consumers and healthcare professionals of a nationwide recall of all the company's supplement product sold under the name Zencore Plus. FDA lab analysis of Zencore Plus samples found the product contains benzamidenafil, an undeclared drug product and a PDE5 inhibitor. The use of Zencore Plus by an unsuspecting user of organic nitrates may pose a life-threatening risk of sudden and profound drop of blood pressure due to potential interaction between benzamidenafil and organic nitrates. Zencore Plus is sold in health food stores and by mail order on internet nationwide. Consumers who have this product in their possession should stop using it immediately.

Read the MedWatch safety summary, including a link to the company's Press Release, at:

http://www.fda.gov/medwatch/safety/2009/safety09.htm#Zencore

Tue, 24 Mar 2009 08:00:00 EST

Historic Drop in Highway Fatalities and Rate

Fri, 15 Aug 2008 08:00:00 EST

U.S. Secretary of Transportation Mary Peters Announces Historic Drop in Highway Fatalities and Rate
Motorcycle fatalities still rising, Secretary Peters says, while announcing increased safety, drunk driving outreach and enforcement efforts

WASHINGTON – The number of people who died on the nation’s roads dropped again last year, reaching historically low levels, U.S. Transportation Secretary Mary E. Peters announced today.

Secretary Peters said that in 2007, the overall number of traffic fatalities fell to 41,059, the lowest number since 1994. In addition, the fatality rate per 100 million vehicle miles traveled was 1.37, the lowest fatality rate on record, she noted.

The Secretary added that 2.49 million people were injured in highway crashes last year, the lowest seen since the National Highway Traffic Safety Administration began collecting injury data in 1988.

“Thanks to safer vehicles, aggressive law enforcement and our efforts, countless families were spared the devastating news that a loved one was not coming home last year,” Secretary Peters said. “You can be sure that we’re not stopping here, the quest is not over until that bottom line number is zero.”

She noted, for example, that motorcycle safety continues to be a problem. Motorcycle fatalities now account for 13 percent of all fatalities and, in 2007 alone, the number of motorcycle riders or passengers killed on the nation’s roads increased 6.6 percent over the previous year, the Secretary said.

To address these challenges, Secretary Peters announced the launch of new advertisements that focus on motorcycle safety and drunk driving. They can be viewed at http://www.stopimpaireddriving.org/planners/crackdown2008/planner/index.cfm

Tomorrow, the Department will kick off its annual impaired driving enforcement crackdown called, “Drunk Driving. Over the limit. Under Arrest.” The effort runs through Labor Day.

During today’s announcement, made outside of the Washington, D.C. Metropolitan Police Department’s Second District headquarters, Secretary Peters viewed a motorcycle safety demonstration.

Secretary Peters added that the Department will continue its efforts to combat impaired driving, increase safety belt use and improve motorcycle safety.

“As these new statistics show, we are making progress, but far too many of our friends, neighbors and family members are still getting killed or seriously injured,” Secretary Peters said.

The Department collects crash statistics annually from 50 states, the District of Columbia and Puerto Rico to produce annual reports on fatalities and injuries. To view the 2007 report in its entirety, please visit
http://www-nrd.nhtsa.dot.gov/Pubs/811017.PDF

Cell Phones and Brain Injuries Still A Controversy

Tue, 03 Jun 2008 08:00:00 EST

The comments of three prominent neurosurgeons last week helped reignite an ongoing debate about the safety of cell phone use. Speaking with CNN host Larry King, the doctors told King that they were hesitant to place their own cell phones next to their ears, instead relying on earpieces or speaker-phone mode. While experts have long dismissed the link, cell phone critics point out that epidemiology studies have yet to monitor the effects of long term cell phone use. Tara Parker Pope, The New York Times 06/03/2008

Read Article: The New York Times

Double The Dose Causes Digitek Recall!

Wed, 14 May 2008 08:00:00 EST

Actavis Totowa LLC notified healthcare professionals of a Class I nationwide recall of all strengths of Digitek, a drug used to treat heart failure and abnormal heart rhythms. The products are distributed by Mylan Pharmaceuticals Inc., under a "Bertek" label and by UDL Laboratories, Inc. under a "UDL" label. The product is being recalled due to the possibility that tablets with double the appropriate thickness may contain twice the approved level of active ingredient. The existence of double strength tablets poses a risk of digitalis toxicity in patents with renal failure. Digitalis toxicity can cause nausea, vomiting, dizziness, low blood pressure, cardiac instability and bradycardia. Several reports of illnesses and injuries have been reported. Patients should contact their healthcare professional with questions.

Give Me the Medical Records!!!

Tue, 29 Apr 2008 08:00:00 EST

Two California women whose children died after receiving treatment at separate hospitals share an all too common complaint: difficulty accessing medical records about what went wrong. While no statistics exist to detail the frequency of these incidents, they are often at the heart of medical malpractice litigation. In fact, some advocates feel that family members are subjected to a double standard when trying to find out why a loved one died. Robert Davis, USA Today 04/29/2008

Read Article: USA Today

Danger: Lasik Surgery Needs More Warnings

Mon, 28 Apr 2008 08:00:00 EST

Patients who suffered adverse reactions following Lasik eye surgery urged federal health advisors last week to initiate stronger warnings for the popular procedure. Testifying before the Food and Drug Administration's scientific advisers, patients complained of life-changing side effects such as worse vision, severe dry eye, glare and inability to drive at night. The advisory panel is expected to recommend that the agency provide clearer warnings for potential Lasik patients. Lauran Neergaard, Seattle Post-Intelligencer 04/26/2008

Read Article: Seattle Post-Intelligencer

Cracks Present in Uninspected Southwest Planes, Official Says

Fri, 11 Apr 2008 08:00:00 EST

A Federal Aviation Administration official told lawmakers Thursday that cracks had been found in a number of Southwest Airlines planes that were grounded last month after it was revealed that they had missed inspection. However, FAA associate administrator Nicholas A. Sabatini insisted that 99 percent of planes achieved safety compliance. During testimony, members of the Senate Commerce aviation subcommittee criticized the FAA's failure to enforce compliance rules, calling it an economic catastrophe and an embarrassment to the nation. Matthew L. Wald, The New York Times 04/11/2008

Read Article: The New York Times

FDA Raises Number of Deaths Related to Blood Thinner

Wed, 09 Apr 2008 08:00:00 EST

The number of deaths associated with the blood thinning drug heparin rose to 62 between January 2007 and this month, the Food and Drug Administration announced Tuesday. According to FDA statistics 47 of those deaths came during a recent four-month period during which problems with Baxter Healthcare Corp-produced heparin was reported. In a separate announcement, the agency urged medical device makers to test for a lingering presence of the drug. Ricardo Alonso-Zaldivar, LA Times 04/09/2008

Read Article: LA Times

Study: Pediatric Drug Reactions More Common Than Thought

Mon, 07 Apr 2008 08:00:00 EST

About one out of 15 children who are hospitalized become the victim of accidental overdoses or adverse drug reactions, according to a new report. The study, which used a new scientific detection method, also concluded that more children are harmed by medicine mix-ups than had previously been thought. The complete results of the study are scheduled to be published in the journal Pediatrics. Lindsey Tanner, Houston Chronicle 04/07/2008

Read Article: Houston Chronicle

Judge Approves Probe of Countrywide

Mon, 07 Apr 2008 08:00:00 EST

Investigators can begin looking into Countrywide Financial Corp.'s mortgage processing systems for evidence that the lender abused borrowers in billing and bankruptcy procedures. Judge Thomas Agresti of the U.S. Bankruptcy Court in Pittsburgh dismissed the company's argument that such a probe would trigger the unabated investigation of other major lenders. Countrywide has acknowledged some errors in its handling of mortgage payments but maintains that the alleged abuses are not representative of company procedures. Times Wire Services, LA Times 04/03/2008

Read Article: LA Times

Balance of Justice

Thu, 03 Apr 2008 08:00:00 EST

"The U.S. Supreme Court will soon hear a case that merits the attention of Americans who do not put their absolute faith in the judgment of corporations and federal agencies in protecting public health and safety. This particular case, Wyeth vs. Levine, involves a professional pianist, Diana Levine, who lost her right arm eight years ago after the prescription drug Phenergan was administered through her vein for a migraine headache. Her lawsuit alleges the manufacturer, Wyeth, was aware that an arterial reaction was a risk in the intravenous technique that was used - but failed to mention it on the drug's warning label. Levine won a $6.8 million judgment in state court. However, the legal issue arguments the U.S. Supreme Court are expected to focus on the question that has incited an all-out war between trial lawyers and corporate interests: Namely, does the existence of federal regulation pre-empt states from either enacting stricter rules for public health and safety - or even allowing victims to file lawsuits in state courts?"

Editorial, San Francisco Chronicle, 3-28-08
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/03/27/EDHOVOGHA.DTL

Organization Accused of Hiding Engineering Flaws

Thu, 27 Mar 2008 08:00:00 EST

An engineers' organization that was hired by the federal government to investigate disasters including the collapse of the World Trade Center and the New Orleans levee failure has been accused of covering up serious design flaws. Fellow engineers allege that the American Society of Civil Engineers hid engineering problems and downplayed other risks to shield the engineering industry and government from liability. An independent panel has been convened to investigate the allegation. Cain Burdeau, San Diego Union Tribune 03/25/2008

Read Article: San Diego Union Tribune

Drug Distributor Inflated Prices, Class Action Claims

Wed, 26 Mar 2008 08:00:00 EST

A federal judge has certified a class-action lawsuit against the nation's largest drug distributor. According to the lawsuit, McKesson Corp. wrongly inflated the wholesale price of prescription drugs, overcharging consumers by millions of dollars. McKesson could face treble damages in the case because the class was certified under racketeering statutes. Bloomberg News, LA Times 03/25/2008

Read Article: LA Times

Perez Joins Shuttleworth, Ruloff, Swain, Haddad & Morecock!

Tue, 02 Jan 2007 08:00:00 EST

The Law Offices of Joseph J. Perez merged with the Virginia Beach power house Shuttleworth, Ruloff, Swain, Haddad & Morecock. The two "AV" rated firms joined forces to better serve the needs of injured people in Virginia, D.C., and the rest of the east coast. Now, those injured due to negligence, dangerous products, mistakes, and carelessness will have a better chance against the big insurance companies and corporations to claim justice. Call Joe at (757) 671-6000 or Toll Free (800) 888-6005!!

"Most Dangerous Store in America"!!!

Wed, 29 Mar 2006 08:00:00 EST

Scores of ordinary American shoppers and workers killed or maimed at Home Depot. As the Atlanta Business Chronicle has reported, Home Depot reported 185 customer injuries a week in 1998 and has since "refused media inquiries into its safety record."

Exploded Mine in W. Virginia cited for 208 safety violations in 2005

Wed, 04 Jan 2006 08:00:00 EST

Federal authorities issued 21 citations last year for a build-up of combustible materials at the West Virginia mine where 12 men died, according to U.S. Labor Department statistics. The Sago mine, owned by billionaire investor Wilbur Ross's International Coal Group Inc., was cited for a total of 208 federal safety violations last year, up from 68 in 2004, according to the Labor Department. The largest individual fine last year was $440; the citations for combustible materials carried fines of $60. - Bloomberg.com

New York jury awards $6.65 million in Shoulder Dystocia case

Wed, 23 Nov 2005 08:00:00 EST

A Westchester County Jury awarded an infant-plaintiff $6.65 million dollars for an Erb's Palsy injury suffered at birth. The infant-plaintiff, Kaquon Burch, was born on October 13, 1994 at New Rochelle Hospital.

Current Events-- What's New to Know!

Wed, 13 Jul 2005 08:00:00 EST

Study Finds Cell Phones Quadruple Risk of Car Crash A study by the Insurance Institute for Highway Safety finds that cell phones quadruple a driver's risk of getting into a serious crash. Researchers also determined that hands-free devices are not any safer than hand-held devices. The chairman of the Governors Highway Safety Association is urging lawmakers to "refrain from enacting handheld cell phone bans because they incorrectly send the message to drivers that as long as they are hand-free, they are safe." Associated Press, The Dallas Morning News 07/12/2005 Infections Run Rampant in US Hospitals Hospital infections kill an estimated 103,000 people every year in the U.S. Many other countries have nearly eliminated them but the situation is getting worse in the US because they can no longer be cured with antibiotics. Some hospitals have been successful fighting this problem but many "have not shown the will to defeat infections." Betsy McCaughey, The New York Times 06/06/2005 Study Shows Rising Malpractice Rates Are Not Tied to Awards A study by Dartmouth College suggests that insurance companies' falling investment returns are a more likely explanation for rising medical malpractice rates. The researchers relied on data from the National Practitioner Data Bank, which insurers criticize because payments to hospitals are not included in the report. The lead author acknowledges this and admits the study could have "slightly underestimated payments." Liz Kowalczyk, Boston Globe 06/01/2005 FDA Continues to Crack Down On Misleading Drug Ads The Food and Drug Administration has been stepping up enforcement of its drug-marketing rules by going after companies that mislead the public. Drugs such as Lipitor, Claritin, and Celebrex have drawn multiple citations. Despite their increased efforts, the FDA can only act after the promotion has aired so "there's no disincentive to running misleading advertising." Julie Schmit, USA Today 05/31/2005 D.C. MALPRACTICE AWARDS DECLINE, NEW STUDY SAYS Payments to patients who sue doctors in the District have declined dramatically, even as doctors and politicians have blamed skyrocketing jury awards for driving up the cost of malpractice insurance and driving doctors out of business, according to a study released. The analysis by Public Citizen, a nonprofit group that campaigns for consumers' rights, suggests that a proposal by D.C. Mayor Anthony A. Williams (D) to cap court-awarded damages for pain and suffering would do little to ease what doctors say is a malpractice insurance crisis. According to the study, doctors and their insurance companies paid more than $45 million to plaintiffs and their attorneys as the result of malpractice lawsuits in 2001. By last year, that number had dropped to just under $20 million, the study shows, a reduction of more than 55 percent. "The mayor, the insurance companies and the medical society are all making jackpot justice claims. They say juries are out of control, payouts are way up, obstetricians are leaving the District and you've got to have limits on jury awards to solve the problem," said Frank Clemente, director of Congress Watch, a division of Public Citizen that monitors federal legislation. Lori Montgomery, The Washington Post, 05/25/2005 Exxon Ordered to Pay Station Owners for Gas Overcharges A judge ordered Exxon Mobil to start paying gas station owners the $500 million they were awarded for overcharges. Exxon plans to appeal the order because they are "seeking clarification on a number of legal issues." The award has grown to $1.3 billion after interest. Associated Press, Ft. Worth Star Telegram 05/20/2005 Amtrak Inspectors Find Hairline Cracks in Acela's Brake Components An assessment by Amtrak's inspector general found that the brake problem in Acela's high-speed trains may have been caused by hairline cracks in the brake components. The Acela Express line is currently out of service, which is costing Amtrak nearly $1 million a week. A report by the GAO states "Acela trainsets appeared to have had abbreviated testing prior to being deployed...fuller testing of the trainsets may have better identified the range of potential problems and defects." Sara Kehaulani & Goo Mike Musgrove, The Washington Post Florida Sex Offenders Will Be Tracked By GPS Gov. Jeb Bush signed a law that will require child molestors released from prison to wear a satellite tracking device. The new law will also establish a mandatory 25 year prison sentence for those convicted of sex crimes against children under 12. Associated Press, Chicago Tribune 05/03/2005 Several State Medical Boards Need a Major Overhaul State medical boards across the country vary because of the difference in the way they operate. The boards in MD, DC, and VA have serious flaws that put patients at risk and do little to discipline negligent doctors. The author believes this region must reexamine their boards' legal structure and financing in order to become more efficient. The Washington Post 04/14/2005 U.S Has Experienced A General Decline in Legal Activity A study shows that there has been a decline since the 1980s in the number of cases that go to court. Civil trials in federal court have dropped by an astounding 60 percent but at the same time cases have become longer and more expensive to litigate. Some feel alternative dispute resolution has helped bring the number of cases down significantly. American City Business Journals Frequency and Award Size Also Down The Bureau of Justice Statistics, a division of the Department of Justice, found that the number of civil trials dropped by 47% between 1992 and 2001. The number of tort cases decreased by 31.8% during the same period. The trend in award size was also down. The median inflation-adjusted award in all tort cases dropped 56.3% between 1992 and 2001 to $28,000. Bureau of Justice Statistics What "frivolous" Lawsuits? "So-called" Frivolous litigation is not a major problem in the federal court system, according to an overwhelming majority of federal judges who participated in a recent survey. The survey, conducted by the Federal Judicial Center, was based on the responses of 278 federal district court judges. Seventy percent of the respondents called groundless litigation either a "small problem" or a "very small problem," and 15% said it was no problem at all. Only 1% called it a "very large problem," 2% called it a "large problem" and the rest rated it as a "moderate problem" in their courts. The survey asked judges their opinion on proposed changes to Rule 11 of the Federal Rules of Civil Procedure, which since 1993 has allowed, but has not required, judges to impose sanctions on attorneys who bring frivolous lawsuits. Eighty-seven percent said they favored retaining Rule 11 in its current form. In addition, 91% of the judges surveyed opposed provisions in the Lawsuit Abuse Reduction Act, which won House approval in the last Congress, that would require judges to impose mandatory sanctions on attorneys who bring frivolous lawsuits. Business Insurance Pfizer Admits 1999 Celebrex Study Shows Heart Risks Pfizer claimed back in October 2004 that they were not aware of any heart risks related to Celebrex. However, the company admitted January 2005 that a 1999 clinical trial did in fact show that patients taking Celebrex had a much greater risk of suffering from a stroke or heart attack. Pfizer is now trying to downplay the study's significance because other trials have shown that it is safe. The New York Times Rental Dings-- Ouch! Car rental companies have started pursuing small damage claims in an effort to reduce their "revenue leakage." However, some rental companies may be taking advantage of customers by exaggerating the cost of repairs to their vehicles or by filing an excessive amount of claims. Many customers will just pay the fees in order to avoid a messy and protracted dispute. The New York Times Bush Expected to Sign Bankruptcy Reform Bill Into Law Congress approved a new set of bankruptcy rules that some critics believe will benefit credit card companies more than consumers. The rules will require those who have filed for bankruptcy to repay creditors if they make more than the median household income in their state and can pay back at least $6k over the span of five years. Those opposing the new rules argue that seizing future earnings goes against the fundamental principle of bankruptcy law. LA Times 04/15/2005

Product Recalls-- Check Here Often!

Fri, 17 Jun 2005 08:00:00 EST

More information about product recalls on the Consumer Product Safety Commission (CPSC) website at http://www.cpsc.gov. To report a dangerous product, email siu@cpsc.gov or sect15@cpsc.gov, or call Eric Stone, Director, Compliance Legal Division of CPSC, (301) 504-0626, ext. 1350. MILLIONS OF FORD VEHICLES MAY HAVE DEFECTIVE SWITCHES An internal document obtained by CNN reveals that 16 million vehicles may have the same or similar cruise control switch as the 1 million that were recalled by Ford. A spokeswoman for Ford said they have not expanded their recall because they do not want to "make an important safety decision on incorrect or incomplete information." The NHTSA has received 559 complaints of spontaneous fires, but 253 of them occurred in models that have not been recalled. CNN, CNN 06/17/2005 SCOOTERS AND MINI BIKES The CPSC and Fisher-Price, of East Aurora, New York, are recalling about 29,000 scooters and 5,000 mini bikes. If tires are over-inflated, the plastic rim within the wheel can break, causing the tire to rupture. This poses the risk of facial and hand injuries while inflating the tire. ***** For more information, see http://www.cpsc.gov/cpscpub/prerel/prhtml05/05195.htm HOME COFFEEMAKERS The U.S. Consumer Product Safety Commission (CPSC) and Bunn-O-Matic Corp., of Springfield, Illinois, are recalling about 1.75 million Bunn home coffeemakers. The coffeemaker's plastic pour-in bowl and lid can melt or ignite due to an electrical failure, posing a burn and fire hazard to consumers. ***** For more information, see http://www.cpsc.gov/cpscpub/prerel/prhtml05/05189.htm COFFEEMAKERS The U.S. Consumer Product Safety Commission (CPSC) and Whirlpool Corp., of Benton Harbor, Michigan, are recalling about 529,000 KitchenAid Coffeemakers. An internal electrical component of the coffeemaker can overheat and ignite, posing a fire hazard to consumers. ***** For more information, see http://www.cpsc.gov/cpscpub/prerel/prhtml05/05185.htmlELECTRONIC PRESSURE COOKERS The CPSC and DRECO, Ltd., formerly known as DaeRyuk Electronics, LTD, of Korea and HSN LP (previously referred to as the Home Shopping Network), of St. Petersburg, Florida, are recalling about 3,500 Welbilt Electronic Pressure Cookers. The lid on these pressure cookers can open prematurely while contents are under pressure, allowing hot contents to be expelled and causing a scald or burn injury to individuals in the immediate area. ***** For more information, see http://www.cpsc.gov/cpscpub/prerel/prhtml05/05579.htm PORTABLE DVD PLAYER BATTERIES The CPSC and Mintek Digital Inc. of Anaheim, California, are recalling about 116,000 portable DVD player battery packs. The battery can overheat and explode while recharging, posing a burn and fire hazard to consumers. ***** GAS-POWERED HEDGE TRIMMERS The CPSC and Shindaiwa Inc., of Tualatin, Oregon, are recalling about 25,000 Shindaiwa Gas-Powered Professional Hedge Trimmers. The heat from the hedge trimmer's muffler can damage the fuel tank, cause a fuel leak and create a fire hazard. ***** Supplement Maker Warns Product May Cause Blindness A health products company warned on May 18 that some of its dietary supplements may be contaminated with bacteria that can cause blindness. The Master's Miracle Inc., based in Minneapolis, said its Fortified Mineral Neutralizer and Ultra Fortified Mineral Neutralizer dietary supplements are at risk of bacterial contamination. According to the Food and Drug Administration, some Master's Miracle distributors have been promoting the use of the supplements in people's eyes. If contaminated product comes in contact with the eyes, it could lead to serious injury, including blindness. The FDA also said the supplements do not meet FDA sterility standards for eye products, and should not be used or marketed that way. The supplements come in 8-ounce, 20-ounce and 1-gallon size containers. For more information, consumers can call the company at 1-763-493-3200 between 9 a.m. and 6 p.m. EDT. AP, SF Chronicle 5/19/05 GM Issues Six Separate Recalls Because of Safety Defects General Motors is recalling more than 2 million vehicles that have a variety of safety problems. The largest of the six recalls includes almost 1.5 million trucks and SUVs that have a center safety belt that could reduce protection in the event of a crash. A few minor injuries and crashes have been associated with the other recalls but none have been connected to the safety belt problem. Associated Press, The Dallas Morning News New Study Does Not Link Brain Tumors to Cell Phone Use A recent study published in the Apr 12th issue of Neurology finds that cell phone use does not increase a person's risk of developing a brain tumor. One researcher stated, "there have been few studies that found an increased risk of brain tumors with cell phone use, but those studies have been criticized for problems with the study design." The group plans to confirm their results by studying more long-term and heavy cell phone users. Products Update Hamilton Beach/Proctor-Silex must pay the Consumer Product Safety Commission $1.2 million to settle allegations that the company failed to immediately report defects. Three of their kitchen products have been linked to fires and injuries and were recalled after defects were revealed. However, the appliance maker waited several years to report these complaints. Associated Press and Forbes SELF-PROPELLED UPRIGHT VACUUM CLEANERS The U.S. Consumer Product Safety Commission (CPSC) and Hoover Co., of North Canton, Ohio, are recalling about 636,000 Hoover Self-Propelled Upright Vacuum Cleaners. The recalled vacuums have defective on-off switches that can overheat the handle and toolholder areas of the vacuum, resulting in a fire hazard. ATVs The CPSC and American Honda Motor Co. Inc., of Torrance, California, are recalling about 200,000 Honda 2004-2005 FourTrax All-Terrain Vehicles (ATVs). The steering rods can separate, causing the driver to lose steering control. This could cause the ATV to crash and pose a risk of serious injury or death.

Law Offices of Joseph J. Perez listed in prestigious "2005 Bar Register of Preeminent Lawyers"!

Tue, 14 Jun 2005 08:00:00 EST

Martindale-Hubbell has included the Law Offices of Joseph J. Perez in the 2005 edition of the Bar Register of Preeminent Lawyers. Now in its 89th edition, the Bar Register is the definitive guide to America's leading lawyers and law firms. Only the most distinguished law practices appear in the Bar Register - those that have achieved the prestigious "AV®" rating, the top ranking in the Martindale-Hubbell Law Directory. This rating is the result of a structured peer review and is based upon the confidential opinions of practicing attorneys and members of the judiciary. Just 5% of all law firms in the country qualify and are included, making yours one of the most distinguished and respected in the country.

Recent Testimonials-- What Clients Are Saying!

Tue, 14 Jun 2005 08:00:00 EST

"The law office was always detailed-oriented, informative, and always there when there were questions. Very professional, and friendly every time. Thanks again for all you do. I really enjoyed the services that I received from your law firm. Considering the services that I received from another attorney, you made me a believer again in your field. Keep up the good work. . ." D. Harper "As far as lawyers go, this team is great! You did good for me, and my case was difficult. Other firms were not up to the challenge, but you rose victorious and in triumph!" Randy Gardner "Joseph Perez was there when I needed him. A very experienced and great lawyer." D. Patterson "Thank you once again for all of the hard work and dedication that you put into my case. You treated me and my claim like it was worth a million dollars and eased alot of burdens along the way. . . . You provide a great service that others should know about." J. Nance "The entire office has a positive attutude and a courteous manner. Do not change a thing." J. Beavers "I loved everything! The staying informed, and getting it done fast!" D. Anderson For more of what clients are saying, check the "Testimonials" link under "Information"!

EPI Weighs in on Inconsistencies of Tort Reform

Tue, 07 Jun 2005 08:00:00 EST

The Economic Policy Institute, a highly respected, non-profit, non-partisan think tank, recently analyzed the motives behind tort reform and who stands to gain (and lose) from proposed changes to the rights of the injured.

You think you're insured? Check again!

Fri, 03 Jun 2005 08:00:00 EST

HAVING INSURANCE DOESN'T GUARANTEE COVERAGE Buying individual insurance doesn't mean that coverage of medical treatments is guaranteed. Much depends on state rules and a policy's fine print. When Jean Green, a 36-year-old Braille translator from Cave Creek, Arizona, had a baby girl named Alex last May, she knew she had to move quickly to get the infant insurance. Mrs. Green's group plan at work covered the baby for just 31 days, and she couldn't afford to add her to her policy. So she applied at the same company where her two older children had policies. The application was rejected because Alex had a closed tear duct, a fairly common condition among newborns. Mrs. Green tried again, with Blue Cross and Blue Shield of Arizona, the company that provides her group plan at work. It took time to get Alex's medical records to the company. When Blue Cross issued coverage on July 15 last year, Alex had been uninsured for about two weeks. At Alex's two-month check-up in late July, her pediatrician said that her misshapen skull, attributed at first to normal birth trauma, hadn't gone away. In September, a specialist diagnosed Alex with a rare birth defect that was causing her skull to grow abnormally. Blue Cross denied coverage for the specialist's visit, saying that the bone disorder was a "pre-existing condition" - a health problem that predated Alex's insurance policy. Blue Cross officials pointed to physician notes from late May mentioning that Alex had facial "asymmetry" and a "wide" fontanelle, the soft spot in babies where the skull bones haven't fused. ***** The Wall Street Journal, 05/31/2005 SEEKING INSURANCE, INDIVIDUALS FACE MANY OBSTACLES John Craig, a 46-year-old software consultant in Orem, Utah, plays racquetball twice a week, doesn't smoke or drink and isn't overweight. But when he tried to get an individual health-insurance policy three years ago, he was rejected. The insurance company cited sinus infections and depression, two conditions that Mr. Craig felt were well under control. The sinus infections stopped when he quit eating wheat in 1992, and medication has kept depression at bay for years. Frustrated, he ended up pursuing coverage through various state programs. For people with health problems in the private market, he says, "if you have a job with health coverage, then you get health coverage. If you don't, you're simply out of luck." Mr. Craig has gotten an unwelcome education in the vagaries of individual insurance - the private option of last resort for many of the roughly 60 million Americans who don't get health insurance from their jobs or the government. About 17 million people, or 10% of Americans under age 65, buy individual policies in a market that even proponents agree has a big problem: Sick people often can't get insurance, or if they can, it's prohibitively expensive. ***** Sarah Lueck, The Wall Street Journal, 05/31/2005 OH, NO! MY IDENTITY'S GONE! CALL THE INSURER It's hard not to be frightened by identity theft these days, no matter how diligent you are. It seems as if tales of woe are everywhere: the stolen credit card, the compromised Social Security number, the lost wages. It may not come as a surprise that the insurance industry has found an eager market for a timely product: identity theft insurance. Before you start enjoying warm and fuzzy feelings of security, know that such insurance does not cover the thousands of dollars that thieves may rack up using your good credit; in fact, consumers are usually responsible for a maximum of $50. Rather, it is meant to reimburse, as much as possible, for the time and out-of-pocket expenses involved in purging the bad credit. It can be bought either as part of a homeowner's policy or as a stand-alone endorsement. It's free or cheap - usually no more than $50 a year, depending on the policy. And that generally covers up to $25,000, according to the Insurance Information Institute. ***** Alina Tugend, The New York Times, 05/28/2005

The True Story of the McDonald's Coffee Case

Tue, 10 May 2005 08:00:00 EST

How twelve everyday Americans decided Stella Liebeck's case was not a joke. 79-year-old Stella Liebeck of Albuquerque, New Mexico was in the passenger seat of her grandson's stopped car when she was severely burned by spilled McDonald's coffee. Stella suffered 3rd-degree burns over 6% of her body, including her inner thighs, genitals, and buttocks. She was hospitalized for eight days, undergoing skin grafts. Stella, a Republican who had never filed a lawsuit in her life, didn't want to go to court. She offered to settle with McDonald's for the cost of her medical expenses, but the company refused - even after a mediator suggested they should settle. Once in court, it was revealed that McDonald's deliberately kept its coffee 20 degrees hotter than industry standards and was aware from 700 prior incidents that this practice could result in severe burns. The company decided not to reduce its temperature and not to warn its customers of any risk. In the end, McDonald's behavior outraged jury members who were skeptical of the case. Even the judge - who reduced the jury verdict by more than 80% - called McDonald's conduct reckless, callous, and willful. "The facts were so overwhelmingly against the company," said juror Betty Farnham. Stella Liebeck's case is a prime example of why cases are tried in a courtroom and not newspaper headlines. Yet, cases like Stella's are repeatedly misused by Members of Congress as excuses to interfere with the courts. In fact, almost 20 bills are pending that would restrict ordinary Americans' access to the courthouse and the right to trial by jury. Members of Congress should not use one-sided half truths to limit people's rights. By the Numbers 3rd degree: Severity of burns that covered 6% of Stella Liebeck's body, requiring skin grafts and reconstructive surgery on her inner thighs, genitals, and buttocks. - Ohio State Law Journal $500,000: Amount McDonald's spent to settle prior scalding coffee claims. - Wall Street Journal $800: McDonald's offer of compensation to Ms. Liebeck. - Ohio State Law Journal

Jury Awards Man Run Over By Tractor Truck $1.6 Million

Mon, 17 Jan 2005 08:00:00 EST

GREENSBORO-- A jury has awarded $1.6 million to a Summerfield, N.C. man for injuries he suffered when a tractor truck ran him over last year crushing his ankle and foot and fracturing his skull. The jury issued its decision Monday, December 13, in the Guilford County Superior Court. The defendants, Old Dominion Freight Line and truck driver, Keith O. Hodge, were ordered to pay 24-year-old Christopher R. Brennan its verdict, which with interest, amounts to be over $1.7 million. The Summerfield resident was injured while pressure washing Old Dominion Freight Line tractor trucks at the company's Greensboro terminal in June of 2003. Brennan was standing at the back of a tractor truck in front of the rear wheels in the process of spraying degreaser onto the rear portion of the truck. The driver, Hodge, responded to a signal given by another worker to move the truck forward. When the truck moved forward, Brennan was pushed face down to the ground by the truck's right rear tires, which ran over the length of his body from his feet to his head. "The worst sound in the world is hearing your own skull crack," Brennan said. Brennan suffered multiple injuries and spent six days in Moses Cone Hospital in Greensboro where he underwent foot and ankle surgery and a surgical repair for a severely lacerated ear. In addition to the foot and head injuries, Brennan also sustained a compound fracture of his hip and several broken ribs. He also has decreased hearing in one of his ears. Brennan was out of work for more than six months following the accident and owed over $40,000 in medical bills. He still has nightmares and flashbacks about the incident. The accident also left him with a loss of movement in the toes in his left foot. "I am lucky and thankful to be alive," Brennan said, "but you're not the same person after surviving something like that." Attorney Joe Perez, of Norfolk, Virginia, said, "The jury's award will help Mr. Brennan move forward with his life. He is a remarkable individual with great strength of character. But, he'll have to live with what happened to him for the rest of his life." The trial lasted eleven days. Judge Michael Helms, of Wilkesboro, N.C., presided.

Judge Upholds Jury Verdict Awarding Man $1.5 Million

Tue, 19 Mar 2002 08:00:00 EST

BY STEPHANIE MOJICA The Virginian-Pilot PORTSMOUTH-- A jury has awarded $1.5 million to a man for injuries he suffered when an apartment balcony collapsed in 1999 and nearly crushed his right ankle. The jury issued its decision Friday and Circuit Judge Dean W. Sword Jr. upheld the award Monday. The judge ordered defendants Great Bridge Associates and Great Atlantic Management Co. to pay 28-year-old Shawn Blackburn. The Virginia Beach resident and former barber was injured after the balcony collapsed at Williamsburg Square Apartments in Chesapeake's Great Bridge section. Injuries and chronic pain prevent Blackburn from continuing to cut hair for a living, he argued in his lawsuit. Defense attorney Jim Muncie said only that he is considering appealing the verdict. Blackburn was a self-employed barber without health insurance. He said he was a the apartment complex on June 15, 1999, to take a friend for a haircut. He was standing on the second-story balcony when it gave way, dropping him and slightly injuring two friends. The friends were not part of the suit. Blackburn said he has been through physical therapy and surgery and faces future treatment for the ankle. He said he also suffered back and neck injuries. "My client was a really industrious guy," attorney Joe Perez said. "He will essentially be handicapped the rest of his life." Blackburn has lost nearly $70,000 of income, owes $33,000 in medical bills and faces at least another $100,000 in related expenses, Perez said. He said Blackburn will lose about $375,000 in future earnings. He uses a cane and said he can't drive for more than 20 minutes at a time or stand long enough to work as a barber. After the incident, Chesapeake fire officials determined that three other apartment balconies were unsafe. Blackburn hopes the money will help him move forward. "I think the award is fair," he said, "but I would rather have use of my ankle back." (3/19/02)