South Carolina Injury Lawyer Blog

South Carolinians who have received a DePuy Acetabular Cup System (ASR) hip replacement could require a replacement for their hip replacement at a higher rate than other types of implants. South Carolina defective products lawyers read information claiming the ASR can fail as soon as one year after initial replacement surgery. Failure can cause excruciating hip pain and may require additional surgery to replace the failed implant.

DePuy's ASR hip replacement has been recalled due to a growing number of patients with this particular replacement experiencing hip failures and other complications, allegedly stemming from the defective design of the implant. It has been suggested by orthopedic experts that because of the implant's design it has an extremely low probability of proper placement, making the failure rate for the ASR much higher than other types of hip replacements.

Also, because the ASR is a metal-on-metal hip implant there is the possibility of metal particles shedding into the body over time as the replacement wears down. This wear and tear could damage tissue and bone around the replacement causing a loosening of the hip. A recent study in the United Kingdom found that 3.4% of the 660 patients studied suffered from adverse reactions from metal debris shed from the ASR.

Continue reading " Look At DePuy Defective Hip Replacements " »

Family awarded $893,684 in Suit Against Hospital

After filing a medical malpractice lawsuit against Janesville, Illinois's Mercy Health System, Justin and Kara Rutherford accused the hospital and doctors of negligence in the handling of Kara's labor and delivery of their son.

When Jared was delivered, his shoulder got stuck behind his mother's pubic bone after his head was delivered, which prevented his body from easily following the head during delivery. This complication injured the nerve's in the boy's shoulder. As a result of his delivery, Jared has suffered permanent injuries, pain and suffering, disability, disfigurement, the loss of a normal life, and medical expenses. He now has limited strength and motion in his left shoulder.

Continue reading " South Carolina Birth Injuries: Are Hospitals Safe? " »

According to the U.S. Occupational Health and Safety Administration, crane accidents kill up to 82 construction workers each year. Just recently, a crane tipped over at the construction site of a Kansas City, Mo. performing arts center killing one worker and seriously injuring another.

The workers were installing steel panels on the building for the Detroit-based subcontractor Midwest Steel when the tragic accident occured. The two men were in the bucket of a 100-foot-tall lift when it fell away from the performing arts center and landed across a platform of steel beams.

Construction on the site began in 2006 and is not scheduled to be completed until 2011. Prior to this incident, the construction site had no deaths or injuries.

Source: Associated Press- "1 dead in Kansas City, Mo., crane accident"- November 11, 2009.

After a plane crash in the Florida Everglades killed four passengers, the sister of one has filed a wrongful death lawsuit against the aviation company. Nanci Hirschorn claims that the company, Schmidt Aviation, failed to properly maintain the single-engine aircraft.

Hirschorn's brother, Phillip Marsh was returning from a University of Florida football game in Gainesville. The other passengers killed in the accident were Marsh's college friend, Bruce Barber, along with his wife and teenaged son.

The plane was headed to Executive Airport in Fort Lauderdale when fire suddenly filled the cockpit and the plane fell to the ground. The suit claims that Schmidt Aviation failed to repair a valve that had cracked three times previously, and that this caused the engine to catch fire.

Hirschorn is seeking damages for pain and suffering and the loss of income from Marsh's job as a medical equipment salesperson, as well as for burial expenses.

Source: South Florida Sun-Sentinel- "Sister of Coral Springs man killed in Everglades plane crash files suit"- October 16, 2009

According to a recent New York Times poll, about 97% of Americans want texting behind the wheel to be illegal. This number has risen significantly from 69% in 2001.

The study also shows that about half of Americans believe that texting while driving should be punished as, if not more, harshly as drunken driving. Many believe that people texting while driving create as much of a risk to other drivers as someone who operates a vehicle while intoxicated.

80% of Americans also believe that talking on a hand-held cellphone while driving should be banned. However, 70% of people believe that using a hands-free cellphone should be acceptable, even though many studies have shown that using a hands-free cell phone does not eliminate risk.

Continue reading " What Does South Carolina Think: Study Shows that 97% of Americans Think Texting While Driving Should be Illegal " »

Several employees at Knightsville Elementary School in Summerville, South Carolina have been charged in connection with supposed child abuse of an autistic student that took place at the school.

Teacher aide Heather Martin is accused of covering the nose and mouth of an autistic student to keep her quiet, dragging another student by the hair, throwing school supplies at another child, and grabbing another student in the genital area.

Former principal and vice principal of the school, Anita Ruff-Putillion and Mary Rita Watson are each accused of one charge of failing to report child abuse or neglect. A teacher at the school, Rebecca Jeanette Piersol Crosby faces three charges of neglect and four charges of failure to report a crime.

Continue reading " Employees in Summerville, South Carolina School Charged with Abusing Autistic Child " »

After 25 workers were killed in construction accidents in Las Vegas from January 2008 to June 2009, federal officials have decided to investigate workplace safety programs throughout the country.

The review of Nevada's workplace safety programs has revealed that inspectors were not well informed on construction safety hazards and that they did not issue citations for repeat violations. The review was prompted when the Las Vegas Sun exposed major safety flaws on local worksites and too little regulation.

The findings of the Nevada review has led investigators to review the safety programs in 27 other states.

The Occupational Safety and Health Administration enforces worker safety standards for about 60% of job sites in the country, and the rest and overseen by the states.

Source: The State- "Nevada construction deaths prompt safety review"- October 29, 2009.

A South Carolina man has been charged with homicide after his tractor trailer struck and killed a man in a wheelchair in Kenova, West Virginia.

68-year-old Deris Scott died when his motorized chair hit the rear of the tractor trailer. The man was knocked to the ground, but the truck continued to drag his chair for about a quarter mile. The 43-year-old truck driver, David Joyce claims he never saw Scott crossing the street and didn’t realize what had happened until another driver flagged the truck down. Joyce has been charged with felony negligent homicide.

Trucking accidents can be caused by numerous factors, including driver error, fatigue, intoxication or faulty brakes and tires. Each of these causes point to negligence on the part of the truck driver or the trucking company.
If you have been hurt in a truck accident, the tractor trailer accident lawyers at Howell and Christmas will work to help you receive the justice and compensation you deserve.

Source: The State- “SC driver charged in W.Va. crash death”- October 27, 2009

The family of an 18-year-old boy sued the maker of Louisville Slugger baseball bats for failing to warn consumers about the dangers the product can pose. The jury found the company, Hillerich & Bradsby, liable because of failure to place warnings on the product and awarded the family $850,000 for the death of their son in a 2003 baseball game.

Their son, Brandon Patch, was pitching in an American Legion baseball game when the ball slammed into his head after the batter hit it with a Louisville Slugger bat. Patch went into convulsions on the field and died within hours from his injury.

Patch’s family claimed that aluminum bats are particularly dangerous because they cause the baseball to travel at a greater speed, and that their son did not have enough time to react to the ball before it struck him in the head. The family hopes that the decision will notify people of the dangers associated with aluminum bats and that more youth leagues will switch to using wooden bats, which are used in professional baseball.

Continue reading " Family Sues Aluminum Bat Maker After Son Dies in Baseball Game " »