South Carolina Injury Lawyer Blog

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 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.

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

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" »

Day care facilities owe a duty of reasonable care to the children they take care of. A Columbia, South Carolina day-care operator was recently sentenced to 20 years in prison for negligently killing a 9-month-old baby in May 2007. Retired Army lieutenant colonel, Willie Ritter, 65, had forgotten to remove the baby, Javon Simpson, from the van after picking up the child in the morning.

Prior to this incident Ritter had a history of violating South Carolina child care laws at his day care center. In 2001 he was cited by state officials for leaving a infant unattended in a van. He was also cited for failing to maintain transportation logs n 1998 and 2003. According to court documents, he violated adult-to-child ratios on numerous occasions.

When Ritter picked up the child, her mother placed her car seat directly behind Ritter. He then picked up another child and drove to the day care center, but left Javon in the closed van, where she sat in the hot sun all day and later died. The cause of death was cardiac arrest due to hyperthermia.

It wasn’t until Ritter left to pick up children for his after-school day care program that he finally noticed that Javon was still in the van. After another child told him about the baby, he continued to pick up children before returning to the day care center. He did not take the baby to the hospital or even make any phone calls to emergency medical personnel.

Continue reading "South Carolina Day-care Operator gets 20 years for Infant’s death" »

There are many dangers when boating under the influence. Driving a boat while intoxicated can often be just as dangerous if not more dangerous than driving a car while intoxicated.

For example, a man was recently charged with boating under the influence after wrecking his boat and killing a passenger on a South Carolina lake. The cigarette boat flipped on Lake Prestwood near Hartsville, S.C. The driver, John Newsome, was rescued, but the passenger, 35-year-old Deagofe Robinson did not come back to the surface after falling out of the boat. Divers later recovered Robinson’s body in the lake. Newsome was charged with boating under the influence on the scene by Department of Natural Resources officers.

Source: Live 5 News- “Fatal boat wreck on SC lake leads to charges”-October 8, 2009.

Charleston accident attorneys urge hunters to be extremely cautious this hunting season. South Carolina hunting accidents involving serious injury or death can be avoided by using proper safety measures while hunting. Hunting accidents can also lead to liability in addition to criminal culpability. In a civil case the injured party can bring a case against the shooter and in some cases the land owner where the shooting occurred to recover money damages for their personal injuries.

A South Carolina teen was recently killed after being unintentionally shot by a fellow hunter.

The 16-year-old, Joshua Gainey, died from a gunshot wound to the chest in October of 2008. The teen was in the woods hunting with friends. Authorities say 53-year-old Dennis Hall was also hunting nearby and heard something in the bushes, fired, and ran home.

According to prosecutors, Hall did not come forward after the shooting. Investigators used a bloodhound and a gunshot shell to link him to the shooting. Hall, of Rowesville, pleaded guilty to involuntary manslaughter and has been sentenced to four years in prison.

Source: The Post and Courier- “Man sentenced in teen hunting death”- October 14, 2009.

South Carolina accident lawyers at Howell and Christmas want you to know that a medical helicopter that crashed and killed three crew members, lacked several important safety features.

After dropping a patient off at a Charleston hospital, the helicopter was flying northeast towards Conway when it crashed in Georgetown County. The helicopter flew through two thunderstorms but officials have not determined whether the conditions were a factor in the fatal crash.

Peter Knudson, a spokesman for the National Transportation Safety Board, said that the helicopter did not have night-vision equipment or a system to warn the crew that it was flying too close to obstacles on the ground. The NTSB believes these features could prevent many accidents and encourages medical helicopter programs to adopt them. After any serious accident, Charleston injury attorneys suggest that those hurt obtain copies of all reports created by state and federal agencies that investigate the crash.

Source: AP-“NTSB: Medical Helicopter Lacked Safety Features”- October 8, 2009

Charleston accident lawyers know the hazards of pools and ponds to young children. Just recently, a 2-year-old South Carolina boy died in a drowning accident in a pond in northwestern Pennsylvania. A coroner says the boy’s death was an accident, however South Carolina police are still investigating the incident. According to Deputy Erie County Coroner Dennis Suschek, the toddler, Ryan Highfill of Columbia, South Carolina wandered into the pond during a family party.

The tragic event that ended in the loss of one child’s life took place in Conneaut Township, about 100 miles north of Pittsburgh. The family was in Pennsylvania visiting relatives.

The young boy was found in the pond by his family just before 9 p.m. but they were unable to revive him. He was later pronounced dead at Hamot Medical Center in Erie, Pennsylvania. Authorities are investigating the amount of time the boy was alone in the pond.

Continue reading "South Carolina Toddler Drowns in PA Pond" »

Charleston accident lawyers at Howell & Christmas, LLC want you to know that in South Carolina a South Carolinian, who was driving under the influence, caused a fatal car accident the left one man dead and four others seriously injured as a result of the fatal crash. The drunk driver who caused the wreck was identified as Brian Stephens. Police took him into custody on a Sunday. He was charged with multiple criminal violations including, but not limited to, DUI (Driving Under the Influence), DUS (Driving Under Suspension). He also apparently tried to flee the accident scene and was also charged with this as a third offense. Given that there was serious bodily injury and death he was charged with felony counts for his DUI. The crash happened on I-26 in the upstate of South Carolina.

Reportedly, and according to police, the defendant's vehicle was seen swerving while driving West on Interstate 26 late that Saturday night. His vehicle then struck a sports utility vehicle at a high rate of speed. The car crash only involved the two vehicles but the SUV had 5 people inside it including the driver. The driver and all 4 passengers were taken by ambulance to an area hospital. The driver was later pronounced dead the next day. He and his family were apparently returning from a summer vacation when the deadly car crash occurred.

Howell and Christmas, LLC Commentary: No matter how many laws are passed and no matter how harsh the penalties are for driving under the influence, some people continue to drink too much and get behind the wheel and drive. Unfortunately, this selfish behavior affects the lives of thousands each year who are or now someone who is seriously injured in South Carolina by these reckless actions. When someone drinks and drives and hurts or kills another they must of course be prosecuted by the state to the fullest extent of the law. Victims and their families must also bring civil law suits to protect themselves and be reimbursed for medical bills, lost wages, injuries and other damages they incur as a result of these accidents.

Source: Associated Press - August 3, 2009

Hit and run accidents in Charleston and the rest of South Carolina can lead to serious civil and criminal liability for those offenders caught after the fact. According to a news story from WCSC there was just recently a deadly hit and run accident involving a car and a motorcycle near Summerville just outside of Charleston, South Carolina. The crash involved a car and a motorcycle. The man driving the motorcycle, Samuel Cox, Jr. who was 60 years of age, was killed in the South Carolina motorcycle accident.

According to officials at the highway patrol, the driver of the car is Collin Kentrus who is 19 years of age. He has been charged with leaving the scene of an accident and made an appearance before a judge in Summerville where his bond was set for his alleged crime. He reportedly had made an attempt to hide the damage to his car that was caused by the accident by painting over same and further tried to report to the Dorchester County Sheriff that his vehicle was damaged after being struck by a deer. The accident occurred on Highway 165.

Unlike the reported case here, many times the person that causes the accident cannot be found. In those cases victims injured in Charleston South Carolina and the rest of the state by the hit and run accident must file an insurance claim against the driver of the car in which they were riding for an uninsured motorist claim. There are strict requirements when filing these claims that include having proof of property damage and having a witness or witnesses to the accident. Those who suffer injuries in these types of wrecks often have to pay for their own medical treatment or place same on their private health insurance and then seek reimbursement for same from the driver's uninsured motorist insurance coverage.

Source: WCSC Live5news.com, Hit and run suspect arrested after reporting he hit deer, July 21, 2009.

Anyone working around power lines knows that doing so is a very dangerous job. Many utility company employees are injured on the job or even worse die at work due to work related accidents in South Carolina. The bottom line is that when there is an accident that causes significant injury or results in death, the worker and their families should investigate every possibility to make an adequate recovery and compensate them for their injuries or death, loss of earning capacity, pain and suffering and the like.

Just last week, the Associated Press reported that a utility worker was electrocuted and ultimately died as a result of working on a power line in Macedonia, South Carolina. The man, Jeremy Thomas, was only 25 years of age and worked for the Santee Cooper utility company. He was from Moncks Coroner, which is just outside of Charleston. The on the job accident happened in the morning hours of July 21, 2009.

According to Berkeley County officials, the man was working a highly charged power line when he was electrocuted. He was working in a cherry picker bucket off of a work truck and fell into the bucket when the accident occurred. The deceased worker was later transported to an area hospital where the official word was announced that he had died from the accident.

Continue reading "Utility Worker Dies On The Job In South Carolina After Being Electrocuted" »

Two off duty police officers were involved in a serious car accident in South Carolina near Chalreston. The crash happened in Conway at approximately 2:30 pm on July 2nd, 2009, and involved Officer Timmy Fulmore and Officer Pamela Hunt. Officer Fulmore sustained life threatening injuries to his body and was transported by ambulance to Grand Strand Medical Hospital in Myrtle Beach. Doctors at said hospital later announced that he had died from his injuries from the car collision.

Officer Hunt was originally transported to Conway Medical Hospital where she was initially treated for her injuries. She was later air lifted by helicopter to an area medical facility in Charleston, South Carolina, for the serious accident. At the time of this report there were no details available as to her medical condition. The officers were reportedly on their way home after being released from work earlier that same day and were planning on taking some furlough leave.

Source: prisonofficer.org, Tabor CI reporting, July 6, 2009.

Howell & Christmas, LLC analysis and commentary. 2009 is proving to be a deadly year on the highways and interstates in South Carolina and especially on the coast. My experience with men and women in uniform across our state is that they more alert and safety conscious than anyone on the road. Summer months on the coast and in the low country are especially dangerous as tourists from other states take to our roads in great numbers and with no familiarity with local areas and hazards. Deadly South Carolina accidents like this one just go to show that we must all focus on the road and the other cars and trucks around us as we drive to our destinations no matter how short or far the distance.

A rear end car accident in South Carolina took the lives of two children last week. The victims vehicle was slowing to a stop or had already stopped when it was struck violently from behind by a motorcycle and also by a truck. Two children were riding in the car that was hit from behind. Even though both children, 5-year-old Parker Hewitt and 3-year-old Haley Hewitt, were wearing seat belts and were both in car seats, the collision took their lives. Another car that was driving on the other side of the road was struck by the truck, which then overturned.

South Carolina officials report that the mother of the victims' car was also wearing a seat belt. Authorities report that she was in stable condition but was taken by airlift to the Medical College of Georgia . The motorcycle driver was also taken by helicopter to the same hospital. One of the drivers of another vehicle in the crash was taken by emergency medical services to Lexington Medical Center, where he was treated for his injuries and later released.

A tow shop owner for over 20 years, Clay Boland, was interviewed and noted that this accident marked that 28 fatality he has been witness to while working in his job. He noted that every death stays with him but that when children are involved "it just tears you up...". He further noted that in the time he has worked in the tow business that he has seen a number of children killed in car accidents.

Continue reading "Deadly Car Crash In Lexington South Carolina Kills Two Children" »

A Charleston driver and his passenger were killed Sunday when a driver, who ran from police, crashed his vehicle into another car in downtown Charleston causing a two death accident. The deadly accident happened after a City of Charleston police officer made a routine traffic stop for speeding in the downtown area according to a Police Department Public Information Official. Over twenty Charleston police officers, medical workers, rescue workers and firefighters, offered assistance at the scene.

While the vehicle was stopped, the driver chose to drive his car away and run from police. The run away driver only made it a short distance before crashing into the victims' Cadillac near a downtown park area. Both the driver and the passenger in the Cadillac car that was hit in the collision died on the scene according to the South Carolina Highway Patrol. The Charleston hit and run is being investigated by the Highway Patrol's Multidisciplinary Accident Investigation Team.

There were three occupants of the car that that caused the wreck. After the serious impact, they jumped out of their vehicle and ran from the scene. At least one of the suspects was picked up by a sports utility vehicle that stopped at the accident scene according to authorities.

The three suspects that fled from the police were all black males. Descriptions of two of the men, one of which was the driver, was given by Charleston police. The driver was wearing a dark green shirt and shorts. One of the passengers was wearing a tank top and blue jeans. There was no description of the third passenger.

Driver fleeing police kills 2, Postandcourier.com, June 29, 2009

As our Charleston accident lawyers at Howell & Christmas, LLC know, the injuries and damages from a serious car crash can be deadly. Just a few hours ago in South Carolina, a car crash caused a fatal injury and death to a 10 year old and also injured a driver who was taken to an area hospital, when a 1996 Ford Explorer crashed causing serious injuries and at least one fatality. The force of impact from the sport utility truck colliding with another car was so strong that it caused the death of a 10 year old and caused the driver of a 1996 Ford Explorer to be trapped in her car as a result of the accident.

The South Carolina Highway Patrol is investigating the fatal accident and injuries caused by the crash and are trying to determine the cause of the deadly crash. The sport utility vehichle involved in the wreck was carrying the injured driver and two other passengers. There is no information currently as to whether the two passengers also sustained injuries in the collision or it they were taken to the hospital.

The South Carolina Highway Partol is not releasing many details or information about the fatal crash. The accident took place in Kershaw County at approximately 5 pm on Wednesday Highway Department officals said.

Few details released in accident that killed 10-year-old, WIS Television website, June 25, 2009.

Howell & Christmas, LLC attorney analysis and comments: We have very strong wrongful death and survival action statutes in South Carolina that can be used to help protect the surviving members of someone killed by the negligence or willful conduct of another. It is very important to note that if you or a loved one believe that a family member is the victim of a negligent or intentional death, there is a statute of limitations that begins to run from the date of the accident. If you and/or the estate of your family member do not file an action against the wrongdoer within the time period allowed by the statute of limitations, you are forever barred from bringing a claim against those you feel are responsible for your family member's death or injuries.