Here’s some good news that we’re not hearing enough about:  in 2010, there was not a single fatality in the U.S. airline industry.  No one died – no passenger fatalities – none.  That’s a great accomplishment, in and of itself, but it gets better:  U.S. airlines also had zero passenger fatalities in 2007 and 2008.

Unfortunately, there cannot be a four year clean sweep, because in 2009 there was the tragic loss of 50 lives.  These fatalities were all from a single accident, on February 12, 2009, when a Colgan Air Bombardier Q400 turboprop crashed into a Buffalo, New York, neighborhood, killing everyone on board and one man on the ground.

Bottom line, one fatal plane crash in four years is an excellent and commendable safety record for the American airline industry – and they should be applauded much more than they are for this amazing accomplishment.  Kudos.

And, in that applause, due respect must be given to the increased governmental safety regulations that were implemented and which have resulted in this wonderful achievement.  It must be acknowledged that one of the primary reasons that we’ve only seen one fatal plane crash of the U.S. Airlines in all this time is because of regulations that have been passed and enforced by the federal government.  Agencies like theFederal Aviation Administration and the National Transportation Safety Board must share in these accolades.

Which brings us to the current attempts by regulators to increase the safety of the trucking industry and all the criticism of this endeavor.

CSA 2010 is the federal government’s program to make commercial trucking safer. The big trucking companies are very unhappy about these new regulations, complaining that it will destroy their profitability, force truck drivers to seek other careers, yadda yadda yadda — you get the idea.

For example, in December 2010 new hours of service (HOS) regulations were unveiled — read them here at the Federal Motor Carrier Safety Administration website — not to undermine the trucking industry, but to make sure that truckers are getting enough rest and sleep and time away from the wheel.  Sleepy, tired truck drivers are dangerous to themselves and to those with whom they share the road.  By regulating how much drive time they can have before taking a break is important.  It can save lives.

The trucking industry is crying out in protest of these new HOS regulations – as well as all of CSA 2010 – because it decreases profitability, increases costs, etc.  They need to have those trucks moving as much as possible to make their money.  Cut back on trucker road time, you hit their essence – it’s understandable that these companies are not going quietly into that good night.

Still, we have hopes that the federal regulatory agencies will eventually corral the complaints, via the courtroom if need be, and things will settle down in the trucking industry so sometime in the future — hopefully the near future — we can see trucking industry statistics similar to those that the U.S. airline industry enjoys today.  It’s doable, and it’s needed.

The weather reports are predicting an unprecedented winter storm will hit our area beginning today, and it’s tragic but true that some folk aren’t going to survive this onslaught.  It’s the duty of us all to try and keep that loss as small as possible.  Here are some tips for keeping safe during this massive onslaught of freezing temperatures, snow, and ice:

1.  don’t drive if you don’t have to do so, drive during the day and on main roads if you must, and all motorists should use extreme caution.   A toll-free phone number has been set up, so you can call and learn what the Illinois road conditions are like in advance: call 1 (800) 452-4368.

2.  along the roadways, look for National Guard troops positioned at certain rest areas (for example, along I-70) if you need help; both the National Guard and local law enforcement will be driving the roadways, looking for stranded motorists 24/7 during this storm.   They will have basic things like snacks, water, and first aid for those in need.

3.  watch out for your neighbors, particularly the elderly.  Seniors can be very vulnerable, very quickly in winter storms if they haven’t prepared in advance with filled prescriptions, adequate food, etc.

4.  prepare in advance for power outages – have water and food stored for emergency use, as well as blankets, flashlights, and charged phones.  Have kerosene and kerosene heaters at the ready (always refilling them outside).

5.  close off rooms that don’t need to be heated, it saves on fuel.

For more tips, check out FEMA.GOV.

The National Guard for both Illinois and Indiana have both been called into action.  This is a serious situation for our area.  For the latest information on the weather and storm conditions and other information on staying safe, see ready.illinois.gov.

It’s interesting to read trucking industry folk discuss among themselves how best to prepare for the new regulations that are being imposed by the Federal Motor Carrier Safety Administration (FMCSA). As we’ve discussed in prior posts, the new CSA 2010regulations are moving forward – and the trucking industry is not happy about this.

There’s been litigation and threats of litigation.  Still, FMCSA confidently moves forward with its efforts to make the roadways safer for truckers and those who share the roads with them.  They’ve even set up an informative CSA 2010 website with lots of detail on what’s being done, and why.  Statistics, deadlines, things like that, are provided.

Great Dane Trailers posted an article on its website that discusses these new regulations with its readers, pointing out that “… disruptions in the ranks of truck drivers may ultimately hamper the industry’s ability to continue any growth that has started, and the ongoing expansion of the economy as well,” and that “… all fleets will be challenged to completely rethink their safety management practices… a whole new game with new rules and a new field of play.”

Read the full article, and you understand that the trucking industry is nervous about how these new regulations are going to impact the bottom line as well as how nosy the federal government will become in trucking operations.  It’s easy to see their position.

However, the goal is to keep truckers safe along with the public.  Big rig wrecks are very dangerous and usually have fatalities involved.  Hopefully, things will work for the better — and in what may be a subtle and optimistic sign of the future cohesiveness of CSA 2010?s implementation, the Great Dane Trailers article concludes with a link to download the free CSA 2010 Fact Sheet that is found on the FMCSA website.

You can download it here.

James H. Wood was arrested last week for taking lots of money over the past two years from trucking companies who wanted him to look the other way as Mr. Wood did his job over in New York, as a truck safety supervisor for the the Federal Motor Carrier Safety Administration. Actually, Mr. Wood wasn’t just a worker bee: he was a supervisor for FMCSA in their Buffalo office (FMCSA being an agency within the Department of Transportation).

Now, James Wood is within another part of the federal system: he was arrested on federal felonies involving conspiracy and taking bribes by the New York branch of the U.S. Attorney’s Office, after being investigated by both the FBI and the Inspector General for the Transportation Department.   A formal complaint has been filed in the local federal court, delineating the charges against him.

Seems Mr. Wood took over $60,000 in the past two years from commercial trucking corporations in return for (1) letting the truckers know in advance about planned inspections of their big rigs, along with (2) letting his new pals in on “friendly audits,” that kept bad, dangerous trucks out on the roads as well as (3) instituting (presumably against his pals’ competitors) “complaint audits” against some companies.  This was apparently all very easy for a FMCSA supervisor to do.

Now, here’s the question:  how big is this investigation? Is Wood a bad apple or the first in a trend?

It is interesting that the FBI together with the investigative arm of the Department of Transportation are the two organizations involved here.  That’s a lot of big manpower to ferret out one, single evildoer.  This cooperative effort between the two agencies suggests that there’s more to this story than this one man.  Would it surprise anyone that James Wood isn’t the only inspector who’s on the trucking industry payroll?

Things are heating up for trucking companies with the new regulations coming into play.

New federal regulations regarding the number of hours that a truck driver can be on the road (hours of service) are going into effect this year.  Truckers must take 34 hours off between runs.  Truck drivers will now have to complete their loading (or unloading) as well as getting from Point A to Point B within 13 hours, with a mandatory one-hour break.  (Go here to read the FMCSA itemized list of HOS changes.)

This is all being done for safety reasons, of course.  To make commercial trucking on the road safer for all of us — truckers and those who share the roads with them.  However, it will cut into the profits of the trucking companies and they aren’t accepting these changes without a fight. Last week, for example, the president of the American Truckers Association wrote President Obama to challenge the effectiveness of the proposed regulations and litigation is predicted.

Maybe they’re doing other things, too — things that the FBI is going to share with all of us in the near future.

If you are the proud owner of a pretty new General Motors pickup truck or sports utility vehicle, then DON’T DRIVE it:  General Motors has issued a big recall of the following products – 2011 models that have been sold for months now – because they are too dangerous to be driven.  It’s something when the manufacturer actually states, “don’t drive our trucks,” right?

It’s enough to give you a headache, or acid indigestion.  But wait!  Be careful what medicine you take to stop the pain because there is also a massive recall of some very popular over the counter medicines today, including Tylenol, Rolaids, Motrin, Pepcid, and Mylanta.  Yes, incredulous as it may be, Johnson & Johnson has issued anotherenormous recall of products already out in the marketplace.  Another one.

General Motors Recall: DO NOT DRIVE THESE TRUCKS AND SUVS

Here is a list of vehicles that need to go back to the GM dealer so their rear axles can be repaired (left alone, there is a big risk that the axle will lock up on the driver who will then be unable to control the vehicle)(read the GM recall here):

Cadillac Escalade

Cadillac Escalade ESV

Cadillac EXT

Chevrolet Avalanche

Chevrolet Colorado

Chevrolet Silverado

Chevrolet Suburban

Chevrolet Tahoe

GMC Canyon

GMC Sierra

GMC Yukon

GMC Yukon XL

And this recall isn’t good news for the car manufacturer — after all, it’s been tallied that over 100,000 cars were recalled by GM  last year. That’s a lot of defective product leaving the control of the manufacturer, released out into the unsuspecting marketplace, right?  But it’s nothing compared to what is happening over at Johnson & Johnson.

Another Huge Johnson & Johnson Over-the-Counter Drug Recall

Last Friday, Johnson & Johnson – actually McNeil Consumer Healthcare, Division of McNEIL-PPC, Inc. – recalled over 47,000,000 products sold in the United States, Brazil, and the Caribbean (read the recall here) including:

TYLENOL® 8 Hour

TYLENOL® Arthritis Pain

TYLENOL® upper respiratory products

BENADRYL®

SUDAFED PE®

SINUTAB®

ROLAIDS Multi-Symptom Berry Tablets®

Apparently, the recall details mean that other products are also impacted, as the New York Times reports that CVS and other stores are pulling some Neutrogena products as well as Mylanta, Pepcid, and Motrin from the shelves too.  For complete details, check out the website that McNeil has set up — complete with images of the products you should NOT USE.

On Wednesday, the Illinois General Assembly passed legislation that will increase the state taxes assessed against nursing homes (“the bed tax”) with the goal of bringing in more than $145,000,000 targeted for safety reforms in nursing homes across the state.   The gist of this, of course, is to make the nursing homes pay for the safety reforms themselves, instead of dipping into Illinois’ (empty) pockets.

Under current health care provisions, this will allow the State of Illinois to get another bunch of money, almost a dollar for dollar doubling of this new safety reform fund, through Medicaid federal funds. That’s a lot of cash.

And the horrors of nursing home abuse and neglect are very real.

Families face terrible situations where they file lawsuits either on their own behalf, or on behalf of their loved one who has been victimized, only after bad, bad things have happened.  While law firms like Kenneth J. Allen & Associates are always ready to fight for justice in these situations, it’s clearly a better scenario to stop the elder abuse and neglect long before it ever happens.

But will these new nursing home safety reforms actually stop nursing home abuse and neglect?

Many say no, including the American Association of Retired Persons (AARP). This new legislation will really throw lotsa cash into the pockets of nursing home facilities that are focused on their bottom-line, and are profit-driven as opposed to care-driven, critics suggest.  Plus, where are these bed tax increases going to get shifted – who’s gonna end up paying them ultimately?

If you suspect any resident of a nursing home of being the victim of nursing home abuse or neglect, trust your gut.  Contact state authorities like the Illinois Department on Agingor the Indiana Division on Aging who will then pursue criminal investigations — and remember, private malpractice lawsuits based upon personal injury or wrongful death claims against these facilities can be powerful ways to help not only the individual victim, but to force overall changes that help others in the future.

In the past, it appeared that things were finally changing for the better, with a steady decrease in the number of tragic, horrific deaths happening due to a collision between a person – walking or in a car, truck, or minivan – and huge, heavy, moving locomotive.  Things have changed.

In 2010, there was a twenty percent (20%) increase in the number of Illinois fatalities due to train accidents. This is a huge, significant jump.  What’s going on?

Railroad accidents usually result in death. The responsibility of the train tracks themselves, as well as the warning systems, is not with the government but with the owner of the railroad. The state governments are each responsible for their roadways leading up to the crossing. Needless to say, money plays a big factor in how safe railroad crossings are in America today. Railroad companies are watching their bottom line, and we all know the dire straits of 2011?s Illinois budget (see our previous post on cutting public services).

Operation Lifesaver is getting involved.

Operation Lifesaver is a national nonprofit organization dedicated to the eradication of railroad accidents and train fatalities.  From its website:

Operation Lifesaver’s mission is to end collisions, deaths and injuries at highway-rail grade crossings and on rail property through a nationwide network of volunteers who work to educate people about rail safety. Our national office in Alexandria, VA, supports state programs, developing videos, educational brochures, instructional information and other materials for audiences of all ages. Our state coordinators are located in all 50 states.

Already, the Illinois office of Operation Lifesaver has begun a media blitz aimed to educate everyone in Illinois about the dangers of any crash with a train – especially when you’re in a hurry, and thinking you are going to be able to scoot over the tracks and beat the train.  We applaud them for their efforts, and hope this post in some small way assists them in getting the word out about this growing danger to us all. 
Here’s a video from their latest awareness campaign.

Illinois is in big financial trouble according to the financial bigwigs over on Wall Street:Moody’s Investors Service reportedly ranks Illinois as having the lowest credit rating in the country (tied with California, which we all know isn’t good news) and Moody’s also predicts things are not getting better in the near future for the state.

Meanwhile, the Illinois Legislature is hitting the ground running as it makes critical budget decisions: there is a $13 billion dollar deficit – and millions in unpaid bills and missed pension fund payments. No one can avoid the reality that there will be severe cuts in public services, but who is going to be hit?

How will your family be impacted by the Illinois Budget Crisis?

Maybe not at all if the Illinois Governor gets his way, and the state borrows $15 billion to cover the shortfall.  If not, then California is providing an example, although severe public service cuts are being made in a number of states across the country: thousands of kids lose child care; young adults see an increase in tuition; state workers are laid off; and health care costs are slashed.

Which means the state safeguards in place to protect Illinois citizenry may be disappearing — and with them, an increase in the risk of individuals being harmed.  For many, the harms will simply have to be handled within the family.

Injury Lawsuits and Justice When Budgets are Slashed

However, if there is a serious personal injury or wrongful death because of scenarios like:

• a child is on the streets instead of day care;
• a lack of state inspection regarding compliance with boating regulations or hazardous road conditions, or
• a stressed-out unemployed worker fatally crashes his vehicle into an innocent family’s minivan

this budget crisis will not close the courthouse doors on justice.

Plaintiffs’ personal injury law firms have traditionally provided legal services on a contingent basis to their clientele.  This is not going to change with the current recessionary times.

It’s sad to predict that the loss of government services may have as an unintended consequence the serious personal injury or wrongful death of someone in the future, but it is very likely to be the reality.  At least, in these instances of personal injury lawsuits, Illinois budget cuts cannot cut justice out of our future.

First thing this month, President Barack Obama’s debt commission issued a big reportregarding the huge amount of federal government debt — which no one can contest is astonishingly, amazing huge — and as part of its recommendations, there’s a section dealing with medical malpractice liability.  The National Commission on Fiscal Responsibility and Reform reports that $2 billion could be slashed from the federal budget each year, with some changes to the current malpractice liability process.

(Read the complete report online, or download and print it as a pdf here.)

What’s up with the medical malpractice proposal? The report is pointing to the current civil tort system — where injured victims or their loved ones sue doctors, hospitals, and other health care providers for errors they have made which resulted in serious injury or death.  Medical malpractice lawsuits can involve some of the most tragic, emotionally-charged scenarios seen in any courtroom.

The commission, concerned with finding ways to cut that federal debt, are pointing at this ability of injured plaintiffs to sue those medical professionals that are responsible as being the cause of higher health care costs in the country today.  How?  Medical providers have to pay higher insurance premiums (malpractice coverage).  Health care providers also charge for most things that they do (tests, etc.) to try and protect themselves from being sued.  The report calls this “…indirect costs in the form of over-utilization of diagnostic and related services (sometimes referred to as ‘defensive medicine’).” ”

From the perspective of an attorney representing someone who has been harmed or had a loved one die, “defensive medicine” sounds like a good idea, probably has saved a life or two.

What the Report Want to Do.

Within the “health care cost containment” section of the report by co-chairmen Erskine Bowles, a Democrat, and Alan Simpson, a Republican, is the following language:

3.3.12 Medical malpractice reform.
(Saves $2 billion in 2015, $17 billion through 2020)
Most experts agree that the current tort system in the United States leads to an increase in health care costs. This is true both because of direct costs – higher malpractice insurance premiums – and indirect costs in the form of over-utilization of diagnostic and related services (sometimes referred to as “defensive medicine”). The Commission recommends an aggressive set of reforms to the tort system.

Among the policies pursued, the following should be included: 1) Modifying the “collateral source” rule to allow outside sources of income collected as a result of an injury (for example workers’ compensation benefits or insurance benefits) to be considered in deciding awards; 2) Imposing a statute of limitations – perhaps one to three years – on medical malpractice lawsuits; 3) Replacing joint-and-several liability with a fair-share rule, under which a defendant in a lawsuit would be liable only for the percentage of the final award that was equal to his or her share of responsibility for the injury; 4) Creating specialized “health courts” for medical malpractice lawsuits; and 5) Allowing “safe haven” rules for providers who follow best practices of care.
Many members of the Commission also believe that we should impose statutory caps on punitive and non-economic damages, and we recommend that Congress consider this approach and evaluate its impact.

Response by Consumer Groups.

There is a growing outcry to this proposed legislation, as well there should be.  Please read the following letter, sent on December 2, 2010, to the Commission by a large group of concerned organizations, which we provide to you here (available online here) in its entirety:

December 2, 2010

National Commission on Fiscal Responsibility and Reform

1650 Pennsylvania Ave NW

Washington, DC 20504

via email:

commission@fc.eop.gov

Re: Commission recommendation 3.3.12 medical malpractice liability reform

Dear Chairmen Simpson and Bowles and Members of the National Commission on Fiscal

Responsibility and Reform:

We, the undersigned consumer and patient safety advocacy organizations, strongly oppose the Commission’s recommendation 3.3.12 in its “Moment of Truth” report. The recommendation to impose cruel liability restrictions on patients injured by the medical errors of private medical workers and institutions demonstrates a significant lack of forethought about the consequences to the country’s health care system as well as its fiscal health.

Last month, we expressed our concerns to the Commission regarding Chairmen Alan Simpson’s and Erskine Bowles’ previously released deficit reduction proposal, which dedicated a vague paragraph to recommending medical liability restrictions. Unfortunately, instead of removing the recommendation, the Commission’s report identifies specific liability proposals and principles, each of which we discuss and disprove in the accompanying analysis. We urge all commissioners to reject the report if medical liability restrictions are included, and to offer proposals that represent true health care cost savings, such as efforts to reduce unnecessary medical errors.

The prevalence of medical mistakes continues to be an ongoing health care crisis, which is quickly turning into a fiscal crisis as well. In fact, a few days after the release of the cochairmen’s proposal, the Department of Health and Human Services Inspector General (HHS) released a patient safety report illustrating that the frequency of medical errors in the U.S. health care system is a big contributor to the expanding deficit. HHS found that 1.6 million Medicare patients suffer injuries every year from medical mistakes, amounting to an annual taxpayer price tag of at least $4.4 billion. While the Commission claims that limiting providers’ liability would save $17 billion through 2020, eliminating avoidable medical errors could potentially save $44 billion over the same period.

Limiting patients’ legal rights in the middle of these urgent circumstances will only worsen the safety and fiscal problems. Injured patients will be further restricted from seeking compensation from the private parties who caused the harm and the associated costs will shift to others. State and federal governments will have to be prepared to bear the brunt of covering patients’ health care costs because the actual culprits will be let off the hook. As the HHS study indicates, Medicare already bears a substantial amount of the burden of paying for others’ medical mistakes. If the restrictions are implemented, it will be forced to pay significantly more. Finally, medical providers, shielded from accountability as this proposal promises to do, will have no impetus to improve patient care, which will again increase medical mistakes and their associated costs.

We support the federal government’s effort to practice fiscal responsibility, however, the medical liability recommendation only promises to be ineffective and dangerous. If the commissioners fully consider the consequences of these restrictions that shield negligent parties and shift the costs of care to government entities, they will reject the present proposal contained within the report.

Sincerely,

Alliance for Justice

Center for Justice & Democracy

Consumer Watchdog

National Consumer Voice for Quality Long-Term Care

National Consumers League

Public Citizen

US Action

Citizens for Patient Safety, Denver, CO

Coalition For Patients’ Rights, Baltimore, MD

Connecticut Center for Patient Safety, Harford, CT

Empowered Patient Coalition, San Francisco, CA

HealthCare PSI, Springfield, MO

James’s Project, Wayne, PA

Mothers Against Medical Error, Columbia, SC

MRSA Survivors Network, Hindale, IL

New Hampshire Patient Voices, Bow, NH

Ohio Infectious Disease Forum, Raleigh, NC

Patient Safety America, Houston, TX

Patients Right To Know, Centennial, CO

Save The Patient, Chicago, IL

South Carolina Voices for Patient Safety, Chesterfield, SC

Texas Watch, Austin, TX

Voice4Patients, Warren, ME

Woodymatters, Minneapolis, MN

Today’s recall of Avastin by the Food and Drug Administration (FDA) is becoming a national scandal: many are calling this action an example of a government death panel in action.

Avastin, a drug designed for breast cancer treatment, has been deemed by the federal government as a “[d]rug not shown to be safe and effective in breast cancer patients.”Accordingly, the Roche-Genetech product is being recalled by the federal government. You can read the complete FDA announcement here.

Is Avastin Recall Really the Beginning of Government Death Panels? Some Say Yes.

This morning, Senator David Vitter (D-La) publically denounced today’s recall as“government rationing” to the Wall Street Journal. You can read his position on the recallas well as see the letter that Senator Vitter sent to the FDA on his Senate website page.

Moreover, national news media from across the country are using today’s action as an example of government death panels becoming a reality, from San Francisco toChicago to Washington.

Maybe this wouldn’t be such a big deal if there weren’t so many breast cancer patients out there that insist that Avastin helps them.  In fact, the online petition of one breast cancer survivor has been very persuasive: Senator Vitter has acknowledged its influence on his actions and the petition (with over 9000 signatures thus far) has been a repetitive news resource.

If you are a victim of breast cancer, then take heed.  Avastin may no longer be available to you in this country.  What can you do?  Call your elected representatives and voice your opinion.  Support the Louisiana Senator’s efforts.

Do it now.

Canadian trucking company Hummer Transportation Inc. does owe a Crown Point couple $5.2 million judgment for negligent equipment and driving on part of its driver, says the Indiana 2nd District Appellate Court.

A ruling issued Wednesday upheld the judgment issued by Porter County Judge William Alexa last year and states the Brampton, Ontario, trucking firm failed to demonstrate how part of Kimberly and Jesse Harty's attorney Kenneth J, Allen's argument improperly influenced the jury in that trial.

Allen, of Valparaiso, said the woman, now 34, and her husband suffered grievous injury and deserve the money they got.

"This establishes the judgment needs to be paid," Allen said Wednesday. "These heavy trucks drive through Northwest Indiana with shoddy equipment and negligent drivers, and it's a hazard to the community."

In 2006, Kimberly Harty, 30, was struck by a semi-truck driven by 37-year-old Inderjeet Sekhon, which veered into her lane and crushed her vehicle under the trailer. The semi was owned by Hummer Transportation of Ontario, Canada.

Harty did not work for more than a year and racked up $123,000 in medical bills at the time of the November 2009 trial.

During that trial, Alexa awarded Kim Harty $4.27 million and her husband $950,000.

"We would gladly give any amount of money just to have our lives back. This is not something I would wish on my worst enemy," Kimberly Harty was quoted as saying a year ago.

Yesterday, the New York Times ran an extensive, overview article covering the growing Toyota scandal regarding an unintended acceleration problem in some of its cars, “Toyota’s Slow Awakening to a Deadly Problem.”

It’s a good read, worth your time.

This Week, Congress Starts Asking Questions About Toyota

Now, Congress has become involved, investigating why Toyota has known about this problem since 2002, without resolution of the potentially fatal glitch in some of its models these 8 years later.   Two Congressional Committees are looking into Toyota’s sudden acceleration issue: the House Energy and Commerce subcommittee led by Rep. Henry Waxman (D-CA) will be holding a hearing into the matter on February 25th; and this week, the House Subcommittee on Oversight and Investigations, headed by Rep. Bart Stupak (D-Mich.) requested documentation on the issue from Toyota and the National Highway Traffic Safety Administration.

The last time that Congress got on the hunt like this was back in 2001, when all those Firestone tires were involved in the Ford Motor Company rollover tragedies.

What’s Going On Here?

Several vehicles made by Toyota, and sold either as Toyota models or Lexus models, have been subject to voluntary recalls by Toyota Motor Company (over 6,000,000 vehicles covered here) because of a problem with their sudden, involuntary acceleration of the car. Extremely popular cars like Camrys and Corollas are involved.

What happens? The car just starts speeding up, apparently, and Toyota has explained this dangerous event away as being a problem caused by the gas pedal sticking, or the pedal getting caught up in the carpeted floor mat.

February 1, 2010 – Toyota’s Latest Recall

Today, Toyota issued another recall. On its website, it’s announcing that drivers of the following cars should check with their dealer about a fix that will be done to their accelerator pedal (gas pedal). It impacts the following models:

• certain 2009-2010 RAV4
• certain 2009-2010 Corolla
• 2009-2010 Matrix
• 2005-2010 Avalon
• certain 2007-2010 Camry
• certain 2010 Highlander
• 2007-2010 Tundra
• 2008-2010 Sequoia

Does this solve the problem?  Apparently not.  The car described in yesterday’s New York Times article was a Lexus ES350 sedan.  Driven by an off-duty California Highway Patrolman, the driver along with his wife, daughter, and brother-in-law were killed last August 28th, and it will be interesting to learn what happened in that crash.

The Northwest Indiana Spinal Cord Injury Group and Unite 2 Fight Paralysis would like to extend a sincere thank you for your participation in the Spinal Cord Injury Walk/Roll/Ride 2008.

Your time and donations will go a long way in improving the lives of those with spinal cord injuries living in Northwest Indiana and helping those who fight diligently for a cure for paralysis. 

The Northwest Indiana Spinal Cord Injury Group: Our mission is to improve the quality of life for those with spinal cord injuries living in Northwest Indiana, through education, advocacy, peer support, and recreational outings. 

For more information email nwiscig@gmail.com

or call 219-531-0055 

A few spinal cord injury facts...  

• Every 41 minutes, another American sustains a spinal cord injury resulting in paralysis.  This translates to an estimated 11,000 new injuries annually.

• The average age at injury is 38, with 56% of all injuries occurring between the ages of 16 and 35.  Young adults reaching the peak of their earnings potential. 

• In addition to paralysis, secondary conditions resulting from a spinal cord injury include compromised respiratory, bowel, bladder function, as well as chronic urinary tract infections and pressure sores.

• The estimated annual direct costs of care for Americans living with paralysis due to spinal cord injury are $15 billion.  One of the costliest conditions in our country.

• Spinal cord injury knows no boundaries.  In a split second it could happen to you, a family member, friend, or neighbor.

Sources:

(1) Spinal Cord Injury Information Center, www.spinalcord.uab.edu

(2) Care Cure; www.sciwire.com

By Annette Arnold - annette.arnold@nwi.com | Saturday, November 7, 2009 |

PORTAGE | Attorney Kenneth J. Allen and wife Nina were all smiles Friday morning as they handed bags of food to people at the Portage Food Pantry. The Allens distributed dinners to 100 families in Porter County. Bags for each family dinner will include a canned ham, potatoes, green beans, corn and a brownie mix. Dinners for 300 Lake County families will be distributed in mid-November.

Posted: Thursday, July 23, 2009 12:00 am |

MERRILLVILLE | A Gary woman injured in a Fourth of July bridge collapse at Hidden Lake Park filed a lawsuit Wednesday seeking more than $5 million in damages.

Treneice Campbell said she thought she was going to die when the wooden pedestrian bridge she was on collapsed after a fireworks display at the Merrillville park.

Campbell, 37, who was one of the most seriously injured victims of the collapse, reported suffering spinal and leg fractures. She filed the lawsuit along with her husband, Lawrence Campbell, 41, who also was on the bridge when it gave way.

The lawsuit, which targets Ross Township and Township Trustee John Rooda -- the entity and person responsible for the park and the fireworks event -- seeks $5 million for Treneice Campbell and $500,000 for her husband.

"We intend to hold those in charge fully accountable for the harm they've caused the Campbell family and the other victims," said Valparaiso personal injury attorney Kenneth J. Allen, who is representing the Campbells.

Allen also requested a temporary restraining order seeking to preserve evidence until the cases are resolved.

At a news conference Wednesday at Allen's office, Campbell -- sitting in a wheelchair -- recounted her moment of horror.

"I heard a snap and fell in the water," she said.

"It was just a very, very scary moment."

Another of Allen's clients at the news conference, Markieta Moore, 22, of Merrillville, said she suffered a back injury she fears will derail her plans to become a pilot.

Moore, who said she can't swim, was with her 5-year-old daughter, Maijah Brewer, when both fell into the water.

"Where's my daughter?" Moore recalled thinking before they were safely reunited.

Allen, who reported to be considering representing a dozen of the bridge collapse victims, said the incident never should have happened. He hopes the legal action, filed in Lake County, will prevent "this kind of predictable and preventable event from ever happening again."

Crown Point attorney Jewell Harris Jr. said he is representing bridge collapse victims Delvert and Sherry Cole, of Merrillville, and he expects to file a lawsuit by Friday. Sherry Cole suffered serious leg injuries, Harris said.

Allen, in the lawsuit he prepared, stated the township has an obligation to maintain Hidden Lake Park and its structures, to warn about dangers and to provide crowd control at events.

Allen said it is "inexcusable" that an estimated 100 fireworks spectators were allowed on a bridge known to be unsafe if used by more than 40 people, and that the users were not alerted to the potential danger. He said in the past, police officers would control the number of people exiting via the bridge. Rooda could not be reached Wednesday for comment about the lawsuit.

The bridge collapse happened about 10 p.m. Saturday. Authorities and witnesses said a large crowd was on the bridge when it fell and some occupants were jumping and bouncing on it.

About 50 of the people on the bridge tumbled into the water. About 25 of them were injured, and there were no fatalities.

The investigation into the cause of the bridge collapse continues, but authorities have focused their attention on a rusty I-beam.

Rooda, in an earlier interview, said construction of the bridge was completed in 1981, about two years before he became Ross Township trustee. He was told the span could handle about 40 people at one time.

Rooda said maintenance personnel inspected the bridge at least monthly, and no structural problems were noticed before the collapse. Rooda said he began preliminary discussions with an engineer Tuesday about building a new bridge but did not reach a decision. Allen pledged to donate $25,000 of any attorney fees he receives from the lawsuit to rebuild the bridge.

Allen said victims -- who suffered everything from "fright and terror to a broken back and leg" -- continue to contact him. He had not decided if the case will involve individual lawsuits or a class-action suit.

| Sunday, March 22, 2009 |

Valparaiso attorney Kenneth J. Allen won the largest jury judgment in Indiana during 2008, according to the 2008 Indiana Jury Verdict Reporter.

The publication reported that Allen topped the list of Indiana attorneys because of the $48 million judgment a Lake County jury awarded to a Porter County steelworker that Allen represented. The steelworker fell from a ladder and suffered spinal injuries that left him a paraplegic.

Allen also tops the list of attorneys with almost $135 million in judgments since 2000. He won million-dollar verdicts in every year since 2003.

Allen said rules placed upon attorneys prevent him from advertising his successes. But he said it is valuable for consumers to know how often their attorney wins jury trials and, when they win, how much do they win. -- By Times Staff

Indiana's tort reform system handling medical malpractice lawsuits protects negligent doctors and insurance companies, a local attorney said Tuesday.

Attorney Ken Allen and his client, Peggy Hood, have been fighting for compensation since they filed suit against a doctor in 2004 for negligence resulting in a woman's death.

Attorney Ken Allen and his client, Peggy Hood, have been fighting for compensation since they filed suit against a doctor in 2004 for negligence resulting in a woman's death.

But Dr. Mark Weinberger disappeared shortly after that and hasn't been found since.

On Friday, a panel of physicians unanimously found Weinberger guilty of negligence causing Phyllis Barnes' death. Barnes, who was Hood's sister, died in 2004.

The panel of three doctors were randomly selected through a process from the Indiana Department of Insurance.

Allen and Hood held a news conference Tuesday afternoon at his Valparaiso law office to denounce the state's tort reform laws.

"It's an unjust law and this case underscores that," Allen said.

The Barnes case is the first one to receive a judgment against Weinberger of the hundreds of lawsuits filed since he fled.

But even with the panel's verdict, the department of insurance can still defend Weinberger and delay the compensation under the state's current tort reform system, Allen said.

That would force the family to go through a jury trial before receiving the state-capped $1.25 million compensation.

Tort reform legislation in Indiana was enacted in the late 1980s and has gone through several modifications since.

The system extends the time for insurance companies to pay the claims as families incur higher legal costs, he said.

"It's a broken system," he said. "It's all a scheme to delay."

Barnes came to Weinberger's office with a sore throat in 2001. She had cancer of the larynx but Weinberger diagnosed the condition as a sinus problem and performed sinus surgery.

Illinois does not have similar system.

"The family would have been compensated by now (if the case happened in Illinois)," Allen said.

Barnes' 23-year-old daughter, living in California, would be the beneficiary of compensation, Hood said. The daughter was 16 years old when her mother died.

Although there have been sightings in Greece and France years ago, Weinberger, who's been featured on America's Most Wanted, has not been found since.

Weinberger, who ran his clinic in Merrillville, disappeared from numerous lawsuits and $5.7 million in debt.

http://www.kenallenlaw.com/pdfs/2008%20Friends%20of%20Scouting%20Campaign.pdf

Valparaiso - Mr. & Mrs. Allen donated $1,000 to the Unite 2 Fight Paralysis & the Northwest Indiana Spinal Cord Injury Walk.  The walk was held at the Porter County at the Old Fairgrounds Park on September 21st.  Hundreds attended the event.  It raised $11,000 for paralysis research, advocacy, and the Northwest Indiana Spinal Cord Injury Group.

BY ANNETTE ARNOLD
219.548.4359 | Saturday, August 30, 2008 |

VALPARAISO | Kindergartners at Thomas Jefferson Elementary School received a gift from local attorney Kenneth J. Allen on Friday morning.

Allen and his wife, Nina, donated money to United Way of Porter County so that all kindergartners in Lake, LaPorte and Porter counties would be equipped with child ID kits.

The goal is to equip parents with a record containing their child's DNA, fingerprints, photos so that they can provide this data immediately to the authorities in case a child turns up missing.

Melissa Castle-Kirincic, resource development director with United way of Porter County, handed out the kits to the children.

"From Ken and Nina's very generous gift to United Way, we've dispersed more than 18,000 child ID kits, thus far, to elementary schools throughout Lake, LaPorte and Porter counties," Castle-Kirincic said.

Allen spoke to the kindergartners in Elaina Spratley's class.

"You kids are all very special," Allen said. "It is important that you talk to mom and dad about safety, and it is important to know about strangers. Always stay by people you know."

Allen said credit for the donation goes to his wife.

"This was my wife's idea," Allen said. "We want kids to take these kits home and have a discussion with their parents about safety and strangers."

BY MARISA KWIATKOWSKI
| Friday, July 04, 2008

CROWN POINT | Eighteen-month-old Christopher Bartzis' last words were "Uh oh, Mommy," said his father, Chris Bartzis.

When the beaming little boy died of meningitis April 17, 2002, his Hammond family shattered.

"He was the best baby I've ever seen in my life, and not just because he was mine," said Bartzis, now of Whiting. "He was the light in our home and in our family."

Chris and Karen Bartzis accepted a $1.25 million settlement last month from the Indiana Patient's Compensation Fund and Munster-based pediatrician Azra Sheriff in connection with their son's death. The now-divorced couple sued Sheriff in Lake County Superior Court after a medical malpractice panel found in 2006 that the doctor committed malpractice in caring for the toddler.

It is the second time a panel determined malpractice in Sheriff's care of a patient, the state compensation fund's online database shows.

Only 10 percent of complaints filed with the panel are found to involve malpractice, according to a Times review of data in the Indiana Patient's Compensation Fund 2007 annual report.

Although it found malpractice in the Bartzis' case, the medical panel determined Sheriff's conduct did not harm or cause the death of Christopher.

"Dr. Sheriff gave excellent care in this case," said the doctor's attorney, Sharon Stanzione. "We do not feel she did anything wrong. However, we were very concerned about the sympathy factor to a jury, given the death of a child from meningitis. It was in all the parties' best interests to have the matter resolved."

The Bartzises contend Sheriff caused their son's death by incorrectly diagnosing his meningitis as a stomach problem.

"Dr. Sheriff was not vigilant or in tune with (Christopher's) symptoms," said attorney Kenneth J. Allen, who represented the Bartzises. "She was not doing anything to alleviate them."

Christopher died of an "extremely rare" form of meningitis, Stanzione said.

Sheriff had vaccinated the child against the most common types of meningitis, Stanzione said, adding Sheriff has been a doctor more than 25 years and is board certified in pediatrics and neonatology.

Christopher's first symptoms showed up April 6, 2002, after a birthday party, court records say. The normally cheerful toddler was irritable, throwing up and screaming.

Karen Bartzis tried to take her son to Sheriff but didn't have enough money for the visit, Allen said. Instead, she brought him to an emergency room, where personnel sent him home.

Christopher continued to get worse, so Karen Bartzis brought him to Community Hospital in Munster, where he was put back under Sheriff's care.

He continued to decline. On April 12, 2002, Christopher had a seizure.

The family and Sheriff say they initiated Christopher's transfer to the University of Chicago Hospitals, where he was diagnosed a short time later with meningitis.

An antibiotic treatment and brain surgery failed to cure Christopher, and he died April 17, 2002.

The medical panel determined Sheriff's actions on the last day of Christopher's stay at the Munster hospital amounted to malpractice, claiming the doctor should have done a spinal tap and administered antibiotics earlier.

"It's the most devastating thing that's ever happened to me," Chris Bartzis said. "I've dealt with a lot of death in my life ... but he was so young."

May 17, 2008

The family of a Gary Roosevelt High School math teacher who was killed when a tractor-trailer rear-ended her van two weeks ago has filed a $50 million lawsuit against the trucking company

Kenneth J. Allen, a Valparaiso attorney who represents the family, filed the lawsuit against Schneider National Carrier Inc. of Gary and its driver, Justin R. Wallace of Pennsylvania.

Allen called the death "clearly avoidable" and a result of "negligence." He's filed a petition for a temporary restraining order to preserve crash evidence.

"We are trying to protect this family's right to know the truth," Allen said. "This was a tragedy for the family and the community."

According to documents filed in Lake Circuit Court on Friday, Wallace was driving a tractor-trailer with Schneider logos on May 4 west on U.S. 30 near County Road 300W in Columbia City, when he "violently struck" the Oldsmobile van driven by Gates. The van was stopped at a signal light in front of another vehicle.

Gates, 59, had been a Gary teacher for more than three decades and participated in the Amateur Athletic Union with Gary-area children.

Allen said he met with her husband, Samuel W. Gates, who was a passenger during the crash, and prepared the case.

"We intend to hold the responsible defendants fully accountable for the harm they caused," Allen said. "She was a gifted teacher who inspired her students to do better, and she will be missed."

The request for a restraining order forbids alteration of any truck equipment, including any onboard event recorder and electronic control module -- which may have data on the truck's speed, brake conditions, and hours of services.

Allen said he believes the crash was caused by Schneider cutting back on maintaining costly safety standards due to the high price of diesel gas.

"It's a trend we don't want to see continued," Allen said

BY KEN KOSKY
kkosky@nwitimes.com
219.548.4354 | Tuesday, April 08, 2008 |

Attorney Kenneth J. Allen -- who helped a Valparaiso man win a $20 million verdict against Allstate insurance company in 2006 -- said at the time that Allstate acts in bad faith by making policyholders choose between a poor settlement or a long, drawn out legal fight.

Allen said the company's "scheme" to divert money from policyholders to shareholders will be out in the open now that the company was forced into publicly releasing the "McKinsey Documents." The documents include 150,000 pages of records detailing the plan Allstate implemented in 1995 to increase profits by reducing claims payouts, Allen said.

Allen said a Florida appellate court upheld the suspension of Allstate's license in the state for refusing to provide the McKinsey Documents to Florida's insurance commissioner. Rather than lose its business in Florida, Allstate then released the documents, Allen said.

Allstate spokesman Mike Siemienas said the documents were not released due to the Florida decision, but rather for several reasons, including the need to address misunderstandings.

Siemienas said trial lawyers, who have a vested interest in painting Allstate in a negative light, do so by taking snippets of the documents out of context. He said Allstate settled millions of claims last year and earned high rates of policy renewal.

"We pay the appropriate amount in a timely manner," Siemienas said.

Allen, however, said insurers traditionally pay out 70 cents on the dollar for claims, but Allstate began paying 52 cents on the dollar to return millions to shareholders.

Allen said the client for whom he won $20 million, Ted K. Fields, suffered spinal injuries in a 1995 crash. After the insolvency of the insurer for the person who caused the crash, Allstate became responsible under the uninsured motorist coverage it sold Fields.

Fields suffered $7,000 in medical bills and $18,000 in lost wages, but Allen said Allstate forced Fields into a nearly 10-year battle. Allen said many people yield to Allstate's tactics, but Fields would not.

Allen said a doctor and psychiatrist testified during the two-week trial that the stress caused by Allstate's actions contributed to Fields' rise in blood pressure, which led to heart problems and a stroke.

"Allstate's misconduct in dragging out the Fields' claims followed the McKinsey plan to the letter," Allen said.

The $20 million awarded to Fields by a Lake County jury was appealed by Allstate, but Allen expects a decision on the appeal within 30 days.

Siemienas said there was a case against Allstate in Kentucky in which the McKinsey Documents were presented in context and the jury found in favor of Allstate. He said Allstate was justified in fighting the release of the 150,000 pages of documents because they contain trade secrets, and he said they also contain ideas never implemented.

| Tuesday, December 25, 2007 |

VALPARAISO | For the past ten years, Northwest Indiana injury attorney Kenneth J. Allen and his wife, Nina, have given thousands of gifts to needy children during the Christmas holiday. Last year, for example, the Allens gave $50 to every child living in area shelters during the holidays, distributed by United Way partner agency shelters in the form of gift certificates which enabled parents or guardians to select suitable gifts for each child. In years past, the Allens have spent tens of thousands of dollars buying, and often wrapping, gifts for needy children.

"This year we decided to do something slightly different," said Nina Allen. "We wanted to make a gift of safety and security to the families with young children in all of Northwest Indiana."

Through a generous gift to the UNITED WAY, the Allens are funding the purchase of Child Identification kits for every Kindergarten-aged child in Lake, LaPorte and Porter Counties public and private schools. Each of the self-contained kits provide the tools and instructions for taking fingerprints, DNA samples, photos, and dental records of the children.

"These I.D. kits will provide vital information to law enforcement if a child should go lost or missing," injury attorney Allen said. "They should also provide a sense of security and safety to parents and serve as a gentle reminder to them to speak with their children about personal safety."

"In the end, it's ultimately about our kids and their safety," said Allen, who was the recipient of the Fifth Annual Child Safety Advocate Award "for outstanding dedication in forwarding the issues of child safety" awarded by the I.U. School of Medicine and the Indiana Safe Kids Coalition.

The Allens also plan a public awareness campaign on the importance of obtaining an I.D. kit beginning early next year.

"If only one lost or missing child is located because of these kits, or a child's abduction is prevented, our efforts will be richly rewarded," said the Allens.

--The NWI Times

BY KEN KOSKY
kkosky@nwitimes.com
219.548.4354 | Tuesday, October 16, 2007

A $50 million lawsuit was filed Monday against the city of Gary and its Police Department for failing to find two young men ejected from a car during a crash one month ago.

The young men -- Brandon Smith and Dominique Green, both 18 -- were found dead by family members hours after the crash. Personal injury attorney Kenneth J. Allen, who is representing Green's parents, alleges in the lawsuit Green was alive at the time police ignored pleas to search for the pair.

"There is no excuse for what the officers did not do at the scene of this crash," Allen said.

"It shocks the conscience and can't be tolerated."

Assistant Gary City Attorney Jerome Taylor declined comment on the lawsuit.

Allen plans to seek court permission to exhume Green's body to find evidence to contradict an earlier autopsy report from the Lake County coroner's office that says the young men died instantly.

Allen contends Green's body had extensive bruising and swelling, indicating he was alive after the crash.

Lake Superior Court Judge William Davis has issued an injunction preserving evidence in the case, like the 911 tape Allen said supports his clients' contention that police knew there were missing accident victims but did not search for them.

Allen and his clients, Willie Green Jr. and Jacquelyn Green, also dispute the Police Department's contention that the bodies were 95 to 120 feet from the crashed car. He said family members quickly found the teens just 15 feet from the crash site.

The single-vehicle crash occurred about 1:30 a.m. Sept. 15 in the 2700 block of Chase Street in Gary. The driver, 17-year-old Darius Moore, and a surviving passenger, both pleaded for police to find Smith and Green, Allen said.

The lawsuit, which names responding Gary police Officer Jeff Westerfield, the Police Department and the city, seeks $50 million. But Allen and his clients said the lawsuit is all about finding the truth and making sure the city changes its protocol so that this type of incident doesn't happen again.

Allen said it is "criminal" what happened to the victims, and he said the Gary Police Department showed disregard for human life. Green's mother said she knows her son was alive after the crash, and her son is not with her today because of police negligence.

"The closure (for the family) will come when the truth comes out," Allen said.

He said he has not talked to the Smith family about representing them.