South Carolina Injury Lawyer Blog

Charleston accident attorneys want to warn you that numerous people have been injured while using U-Haul equipment. After a multiple deaths occurred while clients were driving a Ford Explorer and U-Haul had to settle wrongful death suits out of court, U-Haul decided to implement a new policy banishing the use of a U-Haul trailer product with a Ford Explorer.

In many of the cases drivers were towing a U-Haul trailer behind an SUV. When any SUV reaches interstate speed the trailer in tow begins to sway and fishtail. Most drivers break to prevent this but breaking only stops the automobile, not the trailer. An instance such as this can cause serious personal injury to the driver and other drivers on the road. Drivers should be very cautious when towing anything and also check the mileage the trailer or truck has already endured. Wrongful death accidents are commonly associated with poorly maintained high mileage cars.

U-Haul was recently sued $84 million dollars in a negligence suit. Talmadge Waldrip an elderly man from Texas, rented a U-Haul truck and when he went to park the truck it rolled over on him. Waldrip won $63 million in punitive damages for the company’s failure to conduct regular maintenance on their equipment and meet truck and trailer safety requirements.

Source: South Carolina Lawyers Weekly- “Lawsuits trail U-Haul nationwide.” December 21, 2009.

Charleston medical malpractice lawyers want to warn doctors and consumers that Botox and popular Botox manufacturer Allergan are now required by the Food and Drug Administration to place a black box warning label on their product due to the serious side effects and deaths that have occurred when using the product for non-therapeutic reasons. Botox Cosmetic is approved for temporary cosmetic procedures and Myobloc, a similar drug, is approved for combating severe neck and muscle spasms in adult patients. Neither drug has been approved for children under the age of twelve.

Some doctors administer Botox and Myobloc for off-label purposes, and the side effects have resulted in severe personal injury and death. The Food and Drug Administration evaluated reaction reports of patients who had received Botox and Myobloc procedures. After reviewing these reports in August, the FDA decided and mandated that both drugs carry a black box warning label. The warning explicitly states the severity of the side effects associated with the use of the drug. After receiving a Botox injection a patient can experience side effect symptoms in hours up to seven days. These sometimes severe side effects are similar to the flu and can alter breathing to the point where hospitalization is required. Due to the onset of severe symptoms and hospitalization many of these cases are not identified as Botox-related until much later on.

In 2003, Irene Medavoy sued Allergan for “debilitating ailments” after receiving Botox treatments. She claimed to have received treatments for migraine headaches, and her Botox treatments did not help her migraines and in return made her fatigue, gave her respiratory problems, and fevers. The jury sided with Allergan and found the company not guilty. This was prior to all of the new information and facts on patients’ side effects. When cases are brought before a jury today involving Botox or Allergan, the facts are not in the drug or manufacturer’s favor.

The onset of cases today can be attributed to the fact that once the drug is administered it takes years for patients to experience side effects. Recently there has been more research done involving the drug, its popularity has increased substantially, and the FDA has conducted more tests on it. Because of these new findings and tests there is now plenty of evidence to present to a jury to build a case against Allergan and Botox, which is why there has been such an increase in Botox related injury cases in the past few years.

Source: South Carolina Lawyers Weekly-“Litigation puts a wrinkle in Botox.” December 21, 2009.

Charleston wrongful death lawyers want you to be careful when walking along busy roads at night. Friday, February 5, 2010, Irmo High School student Mary Miller enjoyed dinner with a friend at Five Guys Burgers and Fries. After dinner Miller and a friend were walking home on Columbiana Drive when the unpredictable happened. Miller was struck by a Toyota SUV and died instantly on impact.

The South Carolina Highway Patrolman that responded to the accident said Miller and the car were both traveling eastbound. It was around 7:20 pm when the serious accident caused the death so it is believed that the driver simply did not see the girls walking. Troopers said that Scott Duton, from Columbia, South Carolina, was driving the 1998 Toyota SUV that killed Miller. Duton was not injured.

Harry Harman, the Lexington County Coroner, explained that due to the nature of the accident Mary Miller died at the scene of the accident. Miller’s friend was not physically hurt in the accident but will forever be emotionally scared.

In order for Miller’s friends to express their condolences and have a way to greave together Savannah Edin, a close friend of Miller’s, created a Facebook group in memory of Miller. Going back to school at Irmo High School next week will be strange for the friends close to Miller but the schools counseling services are prepared to assist students if needed and friends can now turn to their facebook group to share memories and stories of Mary Miller.

Source: Charleston’s Live 5 News- “Friends, Classmates mourn girl struck, killed in car accident.” February 7, 2010.

Charleston Brain Injury attorneys want you to know that brain damage and football. The seventeen days following the Big Bone Game, a traditional Thanksgiving Day at San Jose City College versus two local high schools, are blank in Matt Blea’s memory but with the worst seventeen days of his parent’s lives. Blea was sixteen year old and playing football for his high school football team. He remembers the opening plays but the minute his helmet hit the Astroturf surface, he does not remember a thing.

Blea was in a drug-induced coma for a week to prevent traumatic brain swelling and then two months after the crushing hit. Dave Blea, Matt’s father, had an agreement with his wife that “if he was ever diagnosed with a concussion in his youth football days, he was going to be out for the year.” Blea is physically fine now, but is suffering a broken heart because his love and passion, football, is now prohibited. Matt Blea will never play football again.

The National Football League recently has been paying more attention to concussed players. The league is now implementing new restrictions affecting the amount of time a concussed player is required to wait until allowed to play again. After the National High School Sports-Related Injury Surveillance Study released a figure that startled parents and players. They reported that in 2008 there were an estimated 68,000 concussions in the high school football season. Professor Dawn Comstock of Ohio State helped organize the study and stated that “ up to 60 percent of sports concussions go unreported,” so this number is most likely higher.

Studies have shown that linebackers and running backs are the most common players to receive concussions. Unfortunately, Matt Blea played both positions. If it was not for the proper and quick response of Valley Medical Center paramedics, Matt could have been the third high school player to die in 2009 from a football injury. Thanks to improved equipment and new regulations that prohibit spearing, football death tolls have decreased significantly, but one can never be too cautious when walking on the field.

Source: The San Francisco Chronicle- “Teen Upbeat After Near-Fatal Football Injury.” January 25, 2010.

Charleston wrongful death lawyers report on serious case. Matthew Lamar Jackson and Tyrone Akeen Gleaton entered an Alford Plea and also plead guilty to armed robbery charges Monday, February 8, 2010. The victim, Marquez Tyler, went missing in November 2008. The nine-teen year old’s body was found under an overturned bathtub in Aiken County in February 2009. The boy was a victim of a South Carolina wrongful death. This was a relief to the Tyler family that their loved one was no longer missing, but not the outcome they had been praying for.

The Alford Plea stems from the United States Supreme Court case North Carolina vs. Alford in 1970. In this case Henry Alford was charged with first-degree murder in 1963. Alford admitted to committing the murder but would not admit to the murder in court. Alford pled guilty to second-degree murder and was sentenced into thirty years in jail. Alford claimed he plead guilty to the second-degree murder charge in order to avoid the death penalty. This was later overturned in court when Henry Alford appealed his case numerous times saying he was forced to plead guilty to the second-degree murder charge out of fear of capital punishment. Supreme Court Justice Byron White ruled that the guilty plea still stands as is, even though Henry Alford was still proclaiming his innocence.

If the accused enters an Alford Plea they are able to maintain their innocence but are admitting that there is enough evidence against them to convince a jury and a judge that they are guilty. An Alford Plea is defined by the Dictionary of Politics: Selected American and Foreign Political and Legal Terms as “a plea under which a defendant may choose to plead guilty, not because of an admission to the crime, but because the prosecutor has sufficient evidence to place a charge and to obtain conviction in court. The plea is commonly used in local and state courts in the United States.”

Matthew Jackson and Tyrone Gleaton both were sentenced to fifteen years in prison after entering their Alford Plea for the voluntary manslaughter of Marquez Tyler. When Tyler’s body was found in February 2009,Tim Carlton, Aiken County Corner, ruled that Tyler died from a gun shot wound in November of 2008.

Source: The Post and Courier- “Two Men Enter Pleas in 2008 death in SC.” February 9, 2010.

South Carolina bus accident attorneys, Howell and Christmas, LLC, want you to know that last year a Texas bus crash killed 17 people and after further examination it seems that the accident was easily preventable. “It was a perfect storm of gross negligence on the part of multiple parties,” Yen-Chi Le, from Huston who lost her mother in the bus crash expressed after attending the hearing. The serious bus accident, one of the worst in U.S. history, occurred in August 2008, when a bus chartered by the Vietnamese Catholic community launched over a bridge 60 miles north of Dallas, Texas. The bus was carrying 55 passengers.

After an investigation the National Transportation Safety Board determined that the front right tire had been punctured before and had been retreaded poorly. Due to the retreading the tire was under inflated and was punctured again. Front axle tire retreading is prohibited by Federal regulations. Bus drivers should check tire pressure before each journey and new buses are to be equipped with tire pressure gages that monitor tire pressure.

How are bus restrictions and guidelines mandated? The Texas Department of Public Safety is responsible of overseeing buses and reissuing licenses to owners/companies after they have passed proper safety inspections. The bus involved in this crash was inspected 8 days before the accident. How did this bus pass the inspection, when retread is prohibited on front axle tires? Someone overlooked it at Five Minute Inspections, the Houston inspection company that preformed the inspection just eight days before the accident.

Obviously Five Minute Inspections, needs to take more than five minutes when inspecting buses that will be carrying large parties because they are not only a time bomb for passengers, they are also an enormous liability for other motorists who can be seriously injured in a bus crash.

Source: The State- “NTSB Probe: Tire Puncture caused Texas Bus Crash.” October 27, 2009.

South Carolina sexual abuse lawyers want you to know that Circuit Judge Roger Young showed now mercy during Robert Brooks sentencing. Brooks was arrested in September 2008, on a third-degree criminal sexual assault charge. The North Charleston native had sex with the woman 2008 and went unreported for some time, until the victim told a staff member of the group home she was residing in about the assault.

The twist in the story is the most disheartening of all. The woman had an IQ of 48; therefore, she is legally unable to consent to having sex. Assistant Solicitor Tyler Whitacker explained that cases like this normally go unreported because the victims have a hard time articulating what occurred and many times do not have the ability to put into words details to incriminate their attacker.

Typically when the accused pleads guilty to a charge they receive a break in their sentencing. Not in this case. Brooks pled guilty to the third-degree criminal sexual conduct charge but did not receive a break. He was sentenced to ten years in jail. Brooks record is also tarnished with a lewd act against a minor in 1995. In ten years from now when Brooks is released he will undergo examination under the Sexually Violent Predators Act, which will determine if he is fit to be released back into society.

Source: The Post and Courier- “Man Pleads Guilty in Sex Crimes Case.” January 17, 2010.

South Carolina car accident lawyers want you to know that when you are behind the wheel on the interstate it is imperative that you are cautious and alert. Interstate 26 eastbound towards Charleston has been reported to have “hail storms,” of deteriorating asphalt. Drivers need to be aware of this situation and be prepared for any flying loose debris. These storms can cause serious Charleston car accidents that could result in death, but should this really be an added responsibility drivers need to endure?

Rocks and loose gravel cause accidents in South Carolina and damage to cars every year. When a car is traveling around or at the speed limit, a loose rock popping the windshield can startle drivers, especially inexperienced drivers or elderly drivers. Many times loose asphalt cracks windshields and alters or even worse prohibits the drivers ability to see the road.

When leaving the Charleston area the stretch of asphalt on I-26 westbound is around ten years old, which is the “end of its life cycle,” Michael Black, district maintenance engineer for the South Carolina Department of Transportation expressed. So what is going to be done you may ask?

$6.35 million dollars of taxpayer money will be used to resurface these poorly paved and engineered roads. The resurfacing will encompass the area of I-26 between the Summerville exit to the newer concrete sections in North Charleston. Unfortunately, the resurfacing cannot begin until temperatures rise. For many locals this is not soon enough.

Continue reading "Charleston Drivers- Look out for Loose Asphalt on I-26" »

South Carolina workers compensation lawyers want you to know that after a six month investigation the Occupational Safety and Health Administration (OSHA) administered its largest fine, 86 million dollars, to BP PLC after finding multiple safety hazards. In 2005 an explosion killed 15 employees and injured 170 others in the Texas City refinery. “An $87 million fine won’t restore those lives, but we can’t let this happen again. Workplace safety is more than a slogan. It’s the law,” Labor Secretary Hilda Solis stated addressing OSHA’s fine.

The second highest fine OSHA has issued, was $21 million dollars and was also issued to BP. It is apparent that OSHA and BP do not see eye to eye and have had numerous disagreements in the past. Currently OSHA and BP PLC have taken their disagreement in workplace conditions before the Occupational Health and Safety Review Commission and their verdict is still pending.

Keith Casey spoke on behalf of BP PLC and expressed his annoyance with OSHA and how they fined them while their disagreements are still under review with the Occupational Health and Safety Review Commission. “We strongly disagree with their conclusions, we will continue to work with the agency to resolve our differences,” Casey stated.

The explosion that injured hundreds and killed 15 was a result to a malfunctioning pressure relief system. Refining oil is a very dangerous process, and because of this equipment needs to be constantly checked and tested. In this case the alarms did not sound to warn workers that the blowdown drum had overfilled. The blowdown drum is a piece of equipment that is part of the refining process that is filled with highly flammable liquid, and is regulated by pressure relief systems.

Continue reading "For Charleston Accident Lawyers: BP fined $87 Million for poor Workplace Conditions " »

South Carolina Brain injury lawyers recently learned that Adrien Gault had played football all of his life, but after suffering numerous concussions and somehow still being awarded clearance to play by the district, Gault slipped into a coma and suffered a subdural hematoma. Gault filed suit against Sequim Chiropractic Clinic owner and operator Dr. Robert D. Bean and his wife, as well as the Sequim School District. Gault filed his suit for damages from his brain injury in 2006 with the Clallam County Superior Court on January 13, 2010.

After suffering numerous concussions one may wonder how Adrien Gault was still allowed to play football and why he was not taken out of the game after a pre-game concussion on October 20, 2006. The district and district doctors never told him he was unfit to play.

Gault was violently hit in a warm up drill before the October 20, 2006, game versus North Mason High School. He played a full quarter of the game and part of the second quarter before complaining of headaches and being taken out of the game. What happened next alarmed coaches, teammates, and fans.

Gault collapsed on the sidelines and was carried off the field. Just hours later, he suffered a subdural hematoma, which is when the brain swells and bleeds as a result to a traumatic brain injury. Gault was then airlifted to a neighboring hospital where they had to remove part of his skull to reduce pressure on the brain. After this horrifying incident the plaintiff does not have full control of his left arm, has constant headaches, and cannot remember things at times.

The plaintiff alleges that the proper medical attention was not sought out after he complained of headaches following the hit he endured in warm-ups. Usually medical attention is required if a player complains of headaches, due to the common nature of concussions in football. Concussions, especially players who have suffered concussions before, are not to be taken lightly.

Source: Peninsula Daily News- “Former Sequim Football Player Sues District, Chiropractor over Brain Injury.” January 22, 2010.

South Carolina injured Veterans need to know that the Associated Press reported on January 25, 2010, that the military is going to open a review of post-traumatic stress disorder (PTSD) cases due to veteran claims that they were denied benefits. The military has requested that the records of veterans discharged with PTSD be expedited and placed under review, after a case was filed by seven veterans who allege that the military denied them benefits after being discharged with the disorder. The veterans that are capable of having their records reviewed would have been discharged for PTSD in a six year period, ending in October of 2008.

The military is required to rate veterans that are discharged on a rating scale to determine the benefits and medical reimbursement they will receive. The seven PTSD discharge veterans who originated the case received a rating of 10 percent or less. This violates the law because the law requires the military to give veterans discharged for PTSD a rating of 50 percent or greater. The higher rating grants veterans lifelong disability payments and free health care for the veteran and their family.

Veterans that were discharged during this six year period are urged to request the review of their records, because the military could be held liable to pay veterans millions and hundreds of more dollars in monthly benefits. Legal notices have been sent out to veterans, around 4,300 to be exact, letting them know they can join the lawsuit until July 24, 2010.

“I’m glad that they are finally moving forward and reevaluating the soldiers that need to be reevaluated and doing the right thing. It’s been kind of a struggle not only for myself but a lot of individuals that didn’t get what they were supposed to get in the first place,” Army Sergeant Juan Perez, 36, told the press when describing his hardships as a result of PTSD.

Source: CBS News- “Vets With PTSD Could Get Benefits Upgrade.” January 25, 2010.

South Carolina Drug Injury Lawyers ask: do you take Tylenol PM to help you sleep, do you give your child Children’s Motrin to reduce fever or pain, or have you taken Tylenol arthritis lately? Examine your medicine bottles now because Johnson and Johnson has now expanded their over the counter South Carolina medication recall, due to the medications moldy smell, which has made some users sick.

The recall now includes the following popular medications: regular and extra-strength Tylenol, Children’s Tylenol, eight-hour Tylenol, Tylenol arthritis, Tylenol PM, Motrin IB, Children’s Motrin, Rolaids, Benadryl, Simply Sleep, and St. Joseph’s aspirin.

This extended recall covers all forms of pills that were sold in the United States, United Arab Emirates, and Fiji. Reported side effects from the smell of the medication include nausea, stomach pain, vomiting, and diarrhea. For complete recall list visit mcneilproductrecall.com.

Federal regulators at the Food and Drug Administration are not pleased with how Johnson and Johnson’s McNeil Consumer Heathcare Products have handled this situation, claiming that the manufacturer should have made the recall in a more timely manner. Deborah Autor, the director of the FDA’s Office, expressed her concern with the company’s lack of immediate response and also stated that “when something smells bad, literally or figuratively, companies must aggressively investigate and take all necessary action to solve the problem.”

Medication recalls are common but are not to be taken lightly. You and your loved ones should not suffer from undisclosed side effects. If you think you have taken a prescription or over the counter medication that has been recalled and have experienced any bizarre side effects please call a drug injury lawyer.

Source: The Post and Courier- “Johnson & Johnson Expands Medication Recall.”January 16, 2010