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 <title>Brent Adams &amp;amp; Associates Blog</title>
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 <copyright>2008 Brent Adams &amp;  Associates, All Rights Reserved, Reproduced with Permission</copyright>
 <docs>http://www.brentadams.com/blog/</docs>
 <lastBuildDate>Sat, 17 May 2008 10:43:02 EST</lastBuildDate>
 <image>
	<title>Brent Adams &amp;amp; Associates Blog</title>
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		<title>Norwegian Cruise Line To Plead Guilty To Negligence</title>
		<description><![CDATA[Norwegian Cruise Line Ltd. has reached an agreement to enter a plea of<br />
guilty to a fatal broiler explosion that resulted in several deaths due to<br />
personal injuries received in the incident on one of the company?s ships,<br />
according to U.S.<br />
prosecutors.<br />
<br />
<p>The explosion on the SS Norway resulted in the wrongful deaths of eight<br />
crewmembers and the personal injuries of 10 others on May 2003 in the Port of Miami. The cruise line, based out of Miami, Florida,<br />
was charged with grossly negligent operation of a vessel. The company is liable<br />
for at least $500,000 worth of criminal penalties and has reached an agreement<br />
that it will carry out safety inspections of its vessels with an independent<br />
consultant.</p><br />
<br />
<p>According to Norwegian, the company has cooperated with federal authorities<br />
since the incident according and would continue to do so.</p>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=2712</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=2712</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Sat, 17 May 2008 08:00:00 EST</pubDate>
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		<title>Insulin Pumps Linked To Personal Injuries And Death In Teens By FDA Study</title>
		<description><![CDATA[Tens of thousands of teenagers across the world use insulin pumps for the<br />
disabling condition of type 1 diabetes. However, according to a recent Food and<br />
Drug Administration study, there can be risks and many personal injuries and<br />
even deaths have been linked to the pumps.<br />
<br />
<p>According to what the FDA wrote, parents should vigilantly monitor their<br />
children?s use of the devices. However, the FDA didn?t advise against the use<br />
of the devices, but called for more study addressing safety concerns in teens<br />
and younger children who use the popular devices.</p><br />
<br />
<p>It was discovered by the federal review, that over a decade 13 deaths and<br />
over 1,500 injuries have been linked to the devices. In some cases, there was a<br />
malfunction in the device, but at others, teens were careless or took risks,<br />
according to the authors of the study.</p><br />
<br />
<p>According to the analysis, there were some teens who didn?t even know how to<br />
properly use the pumps, some teens that dropped them or didn?t take care of<br />
them, and even two cases of possible suicide attempts by teens giving themselves<br />
too much insulin.</p>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=2711</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=2711</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Sat, 17 May 2008 08:00:00 EST</pubDate>
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		<title>Wisconsin Man Injured When His Cane Gets Caught In Sidewalk Gap</title>
		<description><![CDATA[A personal injury suit filed in the Circuit Court of Madison<br />
County, Wisconsin on April 30 has a one-and-a-half inch gap between concrete<br />
sections at a Walgreens in Collinsville,<br />
 Wisconsin as its subject.<br><p><br />
According to James Roe, Walgreens allegedly knew or should have known that the<br />
gap outside the store existed, but allowed it to exist for years.<br><br><br />
Roe alleges that his cane was caught in the gap on June 15, 2006, causing him<br />
to fall ane receive a grade 1 anterior subluxation of L4 on L5 of his lower<br />
spine.<br><br />
<br><br />
According to Roe, Walgreens was in violation of its duty to act with due care<br />
for others? safety. He also alleges failure by Walgreens to maintain the<br />
entryway in a condition that was reasonably safe.<br><br><br />
Roe alleges that as a result of his back injuries, he has and will continue to<br />
incur medical expenses, loss of wages, and pain and suffering. He seeks damages<br />
in excess of $150,000 in addition to costs of suit.</p>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=2710</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=2710</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Sat, 17 May 2008 08:00:00 EST</pubDate>
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		<title>Information About Personal Injury Suits</title>
		<description><![CDATA[A personal injury suit stems from any incident in which<br />
fatal, physical, and/or emotional injuries are suffered by an individual. This<br />
can include a vehicular crash, slip and fall, dog bite, food poisoning, use of<br />
defective products, and so on.<br><p><br />
In a personal injury suit, economic damages, including past and future medical<br />
bills, property damage, and past and future income. Non-economic damages such<br />
as pain and suffering can also be recovered.<br><br />
<br><br />
If involved in a car crash, you should obtain the name, address, driver?s<br />
license number, insurance and vehicle information of the other drafter, even if<br />
you are not experiencing any pain. Remember, often a person will not experience<br />
pain due to an endorphin released in the body. If injured in a fall, you should<br />
discover the cause and take pictures, if possible. You should also report the<br />
incident to the proper person, like the manager.<br><br><br />
You shouldn?t speak about the cause to anyone. Anything you say to any person<br />
besides your lawyer is generally not privileged and discoverable.<br><br />
<br><br />
Seek medical care as soon as possible as early treatment will benefit you and<br />
your cause.<br><br><br />
Don?t feel guilty or embarrassed that you have filed a personal injury suit, as<br />
it is the best method of protecting yourself.</p>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=2709</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=2709</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Sat, 17 May 2008 08:00:00 EST</pubDate>
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		<title>Three New York Businesses Found to Be In Violation of Workers' Comp Law</title>
		<description><![CDATA[Three businesses in Yonkers,<br />
 New York are facing fines of<br />
$43,000 for failing to carry insurance for workers? compensation.<br />
<br />
<br />
<br />
<p>According to the State Workers? Compensation Board of New York, Yonkers Auto Mall, Yonkers Service Station, and Golden Yonkers<br />
Properties, Inc. were all in violation of state law for their failure to carry<br />
insurance for workers? comp.</p><br />
<br />
<br />
<br />
<p>According to Brian Keegan, spokesman for the Workers? Comp<br />
Board, the agency is working with Yonkers Auto Mall and may rescind the $33,000<br />
judgment. They are also discussing the $6,000 judgment with Golden Yonkers<br />
Properties, as it now has coverage. However, the board has yet to receive a response<br />
from Yonkers Service Station, whose $4,000 judgment was filed on March 31 in<br />
the New York Supreme Court in White<br />
  Plains, New York.</p>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=2673</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=2673</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Tue, 13 May 2008 08:00:00 EST</pubDate>
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		<title>Family Files Suit After Police Dog Attack</title>
		<description><![CDATA[The family of a teenager from Bakersfield,<br />
California has filed a personal injury suit<br />
against the Bakersfield Police Department and the City of Bakersfield after he was bitten by a police<br />
dog.<br />
<br />
<br />
<br />
<br />
<br />
<p>According to 14-year-old Miguel Perez, he received cuts across<br />
his forehead and eyebrow and near his right ear as a result of the police dog<br />
attacking him.&nbsp;</p><br />
<br />
<p>The attack took place when members of the Bakersfield P.D.<br />
were searching the home of the Perez family for three men who had robbed a<br />
Fastrip nearby.<br><br />
<br><br />
Perez was in his bed and the dog saw movement and attacked.</p><br />
<br />
<br />
<br />
<p>According to police, the dog?s handler pulled it away<br />
quickly and the bite was unintentional.</p>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=2672</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=2672</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Tue, 13 May 2008 08:00:00 EST</pubDate>
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		<title>Children, Seniors Most Likely To Be Attacked By Dogs</title>
		<description><![CDATA[<p><strong>Q.</strong> I heard that older people are the leading victims of dog<br />
bites. Is this true?</p><br />
<br />
<p><strong>A.</strong> No. However, they are the second most likely to be<br />
attacked, behind children, who make up 60 percent of dog attacks. Occupations<br />
like mail carriers and meter readers are third.</p><br />
<br />
<p>Often, children are unaware of how to behave around dogs and can frighten<br />
them into behaving aggressively. Older people are more likely to be attacked<br />
because they are usually slower and weaker than younger adults. Mail carriers<br />
and such walk onto property considered by the dogs to be their domain to<br />
defend.</p><br />
<br />
<p>Over 4.7 million Americans each year are bitten by dogs. Approximately<br />
800,000 of those victims seek out medical attention. Of the injured, emergency<br />
medical treatment is required 386,000 and approximately one dozen die.</p><br />
<br />
<p>Here is a list of tips from experts on avoiding dog attacks:</p><br />
<br />
<p>? Looking a dog straight in the eye can provoke it. Don?t do it!</p><br />
<br />
<p>? Running away or past a dog can make it aggressive and want to chase you.<br />
Don?t do it! <br><br />
<br><br />
? You should never approach a dog you don?t know and attempt to be friendly,<br />
especially if it is behind a fence, tethered, or in a parked car.<br><br />
<br><br />
? If you are approached by an unfamiliar dog, stand still. It is likely that<br />
the dog will sniff you before walking away.<br><br />
<br><br />
? Never bother a dog that is eating or sleeping. And stay away from a mother<br />
tending to her litter. <br><br />
<br><br />
? If a dog threatens you, don?t yell. Respond calmly and in a commanding voice,<br />
tell the dog to go away. Until the dog leaves, either remain still or back away<br />
slowly.<br><br />
<br><br />
? If a dog attacks you, give it an object to bite such as a jacket or tote. If<br />
the dog knocks you down, roll into a ball and lie still, covering your head and<br />
face with you hands.</p>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=2670</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=2670</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Mon, 12 May 2008 08:00:00 EST</pubDate>
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		<title>What Can I Expect From My Social Security Disability Medical Review?</title>
		<description><![CDATA[<b>Question: For the past few years, I have been receiving disability<br />
benefits from Social Security. Next month I am scheduled to have a medical<br />
review. What should I expect?</b><br />
<br />
<p>Answer: As part of the medical review, you will likely be asked to provide<br />
information concerning medical treatments and any changes that may have<br />
occurred in your condition. You may also be asked about any information on work<br />
you might have performed, if any.</p><br />
<br />
<p>After than, your file will be reviewed by a team made up of a disability<br />
examiner and a doctor, who will request your medical reports.</p><br />
<br />
<p>You may also be asked to undergo a special examination that will be paid for<br />
by the Social Security Administration. Upon completion of the review, you will<br />
be sent a letter from the SSA informing you of whether or not you are still<br />
qualified to receive benefits for disability. If the SSA comes to the decision<br />
that your benefits will be discontinued, you have the right to appeal the<br />
decision.</p>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=2669</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=2669</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Mon, 12 May 2008 08:00:00 EST</pubDate>
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		<title>Virginia Man Pleads Guilty to Disability Fraud</title>
		<description><![CDATA[According to United States Attorney John Brownlee,<br />
65-year-old Greene County, Virginia<br />
resident Irven Jones had entered a plea of guilty in U.S. District Court for<br />
the Western District of Virginia in Charlottesville<br />
for charges of wrongfully receiving nearly $97,000 worth of payments from<br />
Social Security disability.<p>Jones waived prosecution by indictment and pled guilty to a<br />
count of felony information charging him with the theft of money or property<br />
that belonged to the U.S.<br />
valued over $1,000.</p><p>The charges came about after an investigation conducted by<br />
the Social Security Administration Office of the Inspector General that<br />
examined work the defendant was continuing to perform at a home for the elderly<br />
in Bealeton, Virginia even though he had been receiving<br />
disability payments from the SSA.</p><p>Evidence Assistant U.S. Attorney Nancy Healey presented<br />
showed that Jones had attempted to conceal the work he had been performing at<br />
the facility by telling his coworkers to refer any questions about his work<br />
status to his wife, also an employee at the time.</p>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=2652</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=2652</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Sat, 10 May 2008 08:00:00 EST</pubDate>
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	<item>
		<title></title>
		<description><![CDATA[According to United States Attorney John Brownlee,<br />
65-year-old Greene County, Virginia<br />
resident Irven Jones had entered a plea of guilty in U.S. District Court for<br />
the Western District of Virginia in Charlottesville<br />
for charges of wrongfully receiving nearly $97,000 worth of payments from<br />
Social Security disability.<br />
<br />
<br />
<br />
<p>Jones waived prosecution by indictment and pled guilty to a<br />
count of felony information charging him with the theft of money or property<br />
that belonged to the U.S.<br />
valued over $1,000.</p><p>The charges came about after an investigation conducted by<br />
the Social Security Administration Office of the Inspector General that<br />
examined work the defendant was continuing to perform at a home for the elderly<br />
in Bealeton, Virginia even though he had been receiving<br />
disability payments from the SSA.</p><p>Evidence Assistant U.S. Attorney Nancy Healey presented<br />
showed that Jones had attempted to conceal the work he had been performing at<br />
the facility by telling his coworkers to refer any questions about his work<br />
status to his wife, also an employee at the time.</p>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=2651</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=2651</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Sat, 10 May 2008 08:00:00 EST</pubDate>
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		<title>Personal Injury Suit Filed Against JT Wein After Auto Collision</title>
		<description><![CDATA[A personal injury suit has been filed in the District Court<br />
of Orange County, Texas against JT Wein Inc. and Raul Flores, one of JT Wein?s<br />
truck drivers, on April 4 by Tina Smith Provost. The suit alleges that Flores was negligent in causing an automobile accident<br />
through his failure to control his rate of speed.&nbsp;<br />
<br />
<p>Provost?s original petition claimed that on October 24, 2006<br />
she was traveling north when her vehicle was rear-ended by the company vehicle<br />
driven by Flores, which he was allegedly<br />
failing to control the speed of.</p><br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<p>The suit alleges that the proximate cause of damages Provost<br />
received was Flores? negligence. The suit also<br />
says the vehicle had been entrusted to Flores<br />
even though he was unfit for safe operation of the vehicle.<br><br><br />
Also alleged by the suit is that Flores<br />
failed, negligently, to keep a proper lookout, turn his vehicle in time to<br />
avoid the collision, and apply his brakes in time.<br><br><br />
Provost, who allegedly received personal injuries to her neck and back, seeks<br />
damages for past and future medical expenses, pain, and mental anguish.</p>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=2650</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=2650</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Sat, 10 May 2008 08:00:00 EST</pubDate>
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		<title>Ohio Police Officer Attacked By Dog Responding to Report of Dog Attack</title>
		<description><![CDATA[A dog in Ohio<br />
did a poor job of trying to avoid suspicion in a recent dog bite cases<br />
involving personal injuries.<p>According to police in Cincinnati,<br />
 Ohio an officer responded to a<br />
report of a dog attacking someone shortly after 11 a.m. on April 28.</p><p>According to an incident report, upon the homeowner?s opening the door for<br />
the officer, the dog escaped out the door and bit the officer on the leg,<br />
puncturing it.</p>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=2649</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=2649</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Sat, 10 May 2008 08:00:00 EST</pubDate>
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		<title>Diabetes May Increase Risk of Glaucoma</title>
		<description><![CDATA[<p>A recent study published in the journal Ophthalmology discovered that women<br />
who have the disabling condition of diabetes also have an approximately 70<br />
percent increased risk of developing primary open-angle glaucoma, the most<br />
common form of the serious eye disease, in comparison to women who do not have<br />
diabetes.</p><br />
<br />
<p>According to the U.S. National Eye Institute, an estimated 2 million<br />
Americans are affected by primary open-angle glaucoma, which is one of the<br />
leading causes of blindness. However, there has been no conclusive proof of a<br />
link between diabetes and glaucoma.</p><br />
<br />
<p>Another study published in the same publication found no link between<br />
diabetes and glaucoma. That trial included nearly 4,000 people from the Netherlands.</p><br />
<br />
<p>However, the first study was of a significantly larger size, including over<br />
76,000 women enrolled in the 20-year-long Nurses? Health Study. The available<br />
evidence was enough to convince the American Diabetes Association to reach the<br />
conclusion that those who have the disabling condition of diabetes have an<br />
increased risk of glaucoma.</p><br />
<br />
<p>Glaucoma occurs when there's a gradual increase in the normal fluid pressure<br />
inside the eyes, causing optic nerve damage that results in loss of vision and<br />
blindness.</p>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=2648</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=2648</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Sat, 10 May 2008 08:00:00 EST</pubDate>
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		<title>Diabetes, Osteoporosis Drug Studies Reveal Risk of New Dangers</title>
		<description><![CDATA[<p>A pair of recent studies by international researchers has provided new<br />
evidence of risks associated with drugs commonly used for the treatment of<br />
osteoporosis and the disabling condition of diabetes.</p><br />
<br />
<p>One study by researchers in the U.S. showed that women using the<br />
osteoporosis drug Fosamax showed nearly twice the likelihood of having atrial<br />
fibrillation, a type of abnormal heartbeat.</p><br />
<br />
<p>Another study by researchers in Switzerland showed that diabetes<br />
drugs Avandia and Actos can more than double the risk of bone fractures.</p><br />
<br />
<p>According to Dr. Jane Cauley of the University of Pittsburgh,<br />
the studies, which were published in the Archives of Internal Medicine,<br />
highlight the need of patients to carefully weigh risks and benefits of drugs.T</p><br />
<br />
<p>Cauley discounted evidence that there is a link between drugs for increasing<br />
bone mass for osteoporosis sufferers and atrial fibrillation, but agreed that a<br />
possible link could exist between the diabetes drugs and bone fractures.</p><br />
<br />
<p>Christian Meier of University Hospital Basel conducted the diabetes study in<br />
which those who were taking Avandia or Actos should double or triple the odds<br />
of receiving non-spine fractures. The greater risk was among patients taking<br />
the drugs for around 12 to 18 months and the highest was for those with two<br />
years or more of therapy.</p>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=2640</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=2640</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Fri, 09 May 2008 08:00:00 EST</pubDate>
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	<item>
		<title>Chaka Khan and Son Must Compensate Family of Teen Killed In Their Home</title>
		<description><![CDATA[<p class="MsoPlainText">According to Los<br />
  Angeles newspaper <i style="">Daily<br />
Breeze</i>, singer Chaka Khan and her son Damien Holland have been ordered to<br />
make a payment of over $1.3 million to a family to a teen who died of the<br />
personal injuries he received in their home after a 2004 dispute.</p><br />
<br />
<p class="MsoPlainText">Court records say that Superior Court Judge Bob Hight<br />
approved a default judgment against the pair in November for over $1.3 million<br />
plus interest after they failed to respond to the suit.</p><br />
<br />
<p class="MsoPlainText">According to Tammy McCrary, Khan?s manager, she never<br />
received the suit and had no knowledge of the judgment.</p><br />
<br />
<p class="MsoPlainText">A wrongful death and negligence suit was filed by the<br />
family of 17-year-old Christopher Bailey against Khan and 29-year-old Holland after Holland<br />
was acquitted of murdering Bailey in May of 2006 by a jury.</p><br />
<br />
<p class="MsoPlainText">On September 24, 2004, Bailey was shot in the face by Holland with an M-16<br />
assault rifle. During the course of the trial, Holland admitted to having a friend punch him<br />
in the face and initially lied to police to give the appearance that he had<br />
been attacked by Bailey. He testified to being upset over Bailey having an<br />
affair with his girlfriend, but said the gun went off accidentally.</p><br />
<br />
<p class="MsoPlainText">The wrongful death and negligence suit was filed in<br />
September 2006 against Khan, her mother, her company, and Holland. Khan and Holland never responded to the suit, but<br />
Sandra Coleman, Khan?s mother, settled with the Bailey family for $500,000,<br />
according to court records. However, the family argues that was only half of<br />
the amount agreed upon.</p>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=2639</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=2639</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Thu, 08 May 2008 08:00:00 EST</pubDate>
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	<item>
		<title>Fatal Ambulance Crash Suit Underway</title>
		<description><![CDATA[<p>Joint mediation, scheduled to begin in May, has been ordered<br />
in two lawsuits against Rampart Emergency Services and a Rampart employee<br />
involved in an Escanaba, Michigan<br />
ambulance wreck that left two people dead from the personal injuries they<br />
received.<br><br />
<br><br />
On March 5, 2007, 32-year-old registered nurse Lisa Hanson and 38-year-old<br />
patient Carrie Roberts both died from the personal injuries they received from<br />
a Rampart ambulance crashing into a parked semi truck. Roberts was in the<br />
process of transfer from OSF St. Francis Hospital to Marquette General<br />
 Hospital and Hanson was<br />
her nurse.</p><br />
<br />
<p><br><br />
Family members filed suit on the behalf of each of the deceased against Rampart<br />
Ambulance and Natalia Jauquet, the driver of the ambulance at the time of the<br />
crash.<br><br />
<br><br />
Each suit seeks damages in excess of $25,000.<br><br />
<br><br />
According to the complaint of Roberts? family, she was not suffering from a<br />
life-threatening condition and there was no factor besides driver error that<br />
led to the crash.<br><br />
<br><br />
According to the first count, Jauquet was allegedly negligent in her driving<br />
due to exceeding the speed limit, not sounding a siren, careless driving, and<br />
failing to keep the ambulance on the traveled portion of the highway.<br><br />
<br><br />
The second count relates to the alleged negligence of Rampart Emergency Medical<br />
Services, Inc., who owns the ambulance and employs Jauquet.</p><br />
<br />
<p><br><br />
The third count relates to the alleged negligent supervision of Rampart,<br />
including their failure to properly supervise and insure that Jauquet had<br />
received the necessary training to operate the ambulance and warn Roberts that<br />
the driver was not qualified.</p>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=2636</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=2636</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Thu, 08 May 2008 08:00:00 EST</pubDate>
	</item>
	
	<item>
		<title>Arkansas Bus Driver Who Hit Child Goes To Court</title>
		<description><![CDATA[<p>A school-bus driver from Bentonville,<br />
 Arkansas has admitted to hitting<br />
a student, causing personal injury, but claims he had no knowledge of the<br />
incident until the next day.</p><br />
<br />
<p>On April 28, 75-year-old Donald Espeseth attempted to enter a plea of guilty<br />
to charges of leaving the scene of a personal-injury accident, which is a class<br />
D felony that carries a punishment of up to six years in prison.</p><br />
<br />
<p>Court documents say that 6-year-old Tyson Huffman exited the bus on November<br />
5, dropped something in front of it and bent over to pick up the object. According<br />
to an affidavit, Wendy Lott, the driver of the vehicle behind the bus, watched<br />
the bus move forward and hit Huffman with both axles as the bus passed over<br />
him.</p><br />
<br />
<p>Espeseth apologized to the child and family before he addressed the court<br />
and described the incident to Circuit Judge Tom Keith.</p><br />
<br />
<p>Espeseth said that he recalled car horns honking at him and a man who tried<br />
to have him stop the bus. He said that he had a tough time hearing him, but<br />
believed he?d had a near-miss with a child. He said he looked in the mirrors<br />
but saw no child behind him and went back to the bus barn.</p><br />
<br />
<p>According to Espeseth, he first learned of the boy?s personal injuries the<br />
next morning when he was called by the director of transportation.</p>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=2634</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=2634</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Thu, 08 May 2008 08:00:00 EST</pubDate>
	</item>
	
	<item>
		<title>3-Year-Old Idaho Boy Attacked By Pit Bulls</title>
		<description><![CDATA[<p style="margin-bottom: 12pt;">According to Nampa,<br />
Idaho Police, a 3-year-old received personal<br />
injuries after being bitten in an attack that involved three pit bulls at a Nampa residence.</p><br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<p>According to investigators, the<br />
child was a visitor at the home and entered the back yard alone. At some point,<br />
the dogs became aggressive toward the boy and attacked him.</p><p>One of the house?s adult residents spotted the boy near the<br />
dogs, who were described as acting aggressively, and went to get help from<br />
another adult. According to officers, they were able to remove the boy from the<br />
animals and contact 911.<br><br><br />
The child was taken in an ambulance to Mercy<br />
Medical Center<br />
before being transferred to a hospital in Boise,<br />
 Idaho.<br><br><br />
The dogs were taken by animal control officers to the Canyon County, Idaho<br />
Animal Shelter, where they will be held awaiting a hearing by the Nampa vicious<br />
dog board.</p>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=2624</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=2624</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Thu, 08 May 2008 08:00:00 EST</pubDate>
	</item>
	
	<item>
		<title>Scotts Employee Fired Over Pesticide Recall</title>
		<description><![CDATA[<p><a href="http://www.bizjournals.com/columbus/gen/Scotts_Miracle-Gro%20Co_F2FF36F84DF845598B0221003F637AAF.html"><strong></strong></a>An employee of Scotts Miracle-Gro Co. the company says sidestepped federal requirements for registration of pesticides that resulted in a nationwide recall due to the risk of personal injury has been terminated, according to the company.<br>According to the company, the firing is the first of many steps to boost product registration practices and procedures with regulators. the U.S. Environmental Protection Agency recently announced that it had issued a "stop sale, use, or removal" order against the company over illegal, unregistered, and misbranded pesticides. According to the company, the pesticide the order applies to is no longer in use by its Scotts LawnService subsidiary.<br>The company said that it had learned that one of the former employees had been deliberately circumventing company policies and causing invalid product registration forms to be submitted to federal and state regulators in addition to hiding those actions from other members of the company, according to Chairman and CEO Jim Hagedorn.<br>The actions are the result of an investigation conducted by the EPA, U.S. Department of Justice, and Ohio Department of Agriculture.</p>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=2623</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=2623</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Thu, 08 May 2008 08:00:00 EST</pubDate>
	</item>
	
	<item>
		<title>Ball Park  Has No Duty To Protect Against Foul Balls</title>
		<description><![CDATA[<p>The state Supreme Court of Nevada ruled that baseball team owners only have  a limited duty to protect spectators. The court rejected the appeal of Kathleen  Turner, who received personal injuries in May of 2002 after being hit by a foul  ball at a Las Vegas  51s baseball game.</p>    <p>Turner and her husband filed suit against Mandalay Sports Entertainment, the  owners of the 51s at the time, after the ball hit her in the face and knocked  her unconscious, broke her nose, and left her with cuts on her face. The suit  alleged negligence, loss of consortium, and emotional distress.</p>    <p>On May 4, 2002, the Turners, who had season tickets, left their assigned  seats to go to the Beer   Garden, which is several  hundred feet from the playing field. Turner was eating a sandwich at a table  and unable to see any part of the field when the ball hit her.</p>    <p>The court ruled that a proprietor has a general duty for reasonable care to  keep the premises safe. The court said that in the case of ballparks, only the  most dangerous parts of the stadium, such as behind home plate, need to have sufficient  protective seating and protections for spectators. The Court went on to write that a stadium operator ?simply has no remaining duty to protect spectators<br />
from foul balls, which are a known, obvious and unavoidable part of all<br />
baseball games,? the court?s decision said.</p><p>Chief Justice Mark Gibbons, who wrote the dissent, concluded that ?the  51s had a general duty to protect Mrs. Turner from injury in the Beer  Garden. Whether the 51s breached that duty by failing to provide a  protective screen or barrier is a question of fact for the jury.?</p>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=2511</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=2511</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Mon, 28 Apr 2008 08:00:00 EST</pubDate>
	</item>
	
	<item>
		<title>Dentist Sues Benny The Bull</title>
		<description><![CDATA[<p>A dentist from Illinois  has filed a personal injury suit on Monday, April 21 against NBA franchise the  Chicago Bulls over a high-five gone wrong with the team?s mascot, Benny the  Bull. According to Dr. Don Kalant, Sr., he was sitting near courtside on February  12 when he raised his arm to receive a high-five from Barry Anderson, the man  inside the bright red, fuzzy costume that portrays the mascot.</p>    <p>However, according to Kalant, who is an oral surgeon, instead of slapping  his palm, Anderson allegedly grabbed his arm as he fell forward, resulting in a  hyperextension of his arm and his biceps muscle rupturing, according to the  suit Kalant filed in the Circuit Court of Cook County, Illinois.</p>    <p>Kalant remained in his seat for the remainder of the game but later had to  undergo a surgical procedure and alleges that he is likely to miss as much as  fourth months of work. Kalant filed the suit seeking damages for medical bills,  physical pain, and loss of earnings that he did not specify. According to the  claims of the suit, Anderson  was negligent through either falling forward while grabbing the hand of a fan,  or ?running out of control? through the crowd, reported the Chicago Tribune.</p>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=2474</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=2474</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Fri, 25 Apr 2008 08:00:00 EST</pubDate>
	</item>
	
	<item>
		<title>Long Overtime Hours Are No Basis For Workers' Compensation Benefits</title>
		<description><![CDATA[<p>The high court of Massachusetts has ruled  that a construction worker for the ?Big Dig? highway project in Boston, Massachusetts  has no entitlement to benefits for workers? compensation for the personal  injuries he suffered as a result of falling asleep while driving home late from  work.</p>    <p>The Supreme Judicial Court of Massachusetts, in a reversal of an Industrial  Accident Board ruling, said that the worker who had worked 27 hours before his  drive home had no entitlement to benefits because there was not sufficient  proof that he had been required to work the long shift.</p>    <p>Involved in the case was the so-called ?going and coming? rule, which  provides that compensation is not typically granted for personal injuries  employees suffer on their travels to and from work.</p>    <p>According to court records, on August 3, 2001, the day before the accident,  Michael Haslam began work at 5 a.m. He was a foreman supervising a carpentry  crew building forms for road supports. During the day, various circumstances  delayed the project and the pouring of concrete into the forms did not start  until 1 a.m., nearly 20 hours after Haslam?s shift began. He testified that his  shift was to end at 3:30 p.m. and he was not scheduled for overnight work, but  he remained because a carpenter has to be present while the concrete?s being  poured and no one else was there to finish what he had been doing until around  8 a.m. He said that he continued on because he believed if he didn?t finish, he  would no longer have a job.</p>    <p>However, the on-duty construction crew supervisor for the night testified  that there was a number of people he could rely on if a problem arose, so he  could have called someone to get more personnel. He said that Haslam had not  asked for assistance that night.</p><p>North Carolina applies the "going and coming" rule to deny benefits to workers who are injured while traveling to and from work. There are a number of important <a href="%20http://www.brentadams.com/library/nc-court-of-appeals-c.cfm">exceptions to North Carolina's going and coming rule</a> but exhaustion and sleep deprivation from working long hours is not one of those exceptions. Therefore, North Carolina courts would likely have ruled the same as the Massachusetts court did in this case.<br></p><br><p><br></p><br>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=2420</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=2420</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Fri, 18 Apr 2008 08:00:00 EST</pubDate>
	</item>
	
	<item>
		<title>Mortgage Lenders Must Pay $ 99 Million Punitive Damages</title>
		<description><![CDATA[<p style="text-align: center;" align="center"><b>Mortgage Lenders<br />
Ordered to Pay $99,000,000.00 in Punitive Damages</b></p><br />
<br />
<p>&nbsp;</p><br />
<br />
<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Missouri residents who<br />
were charged illegal fees for second mortgages have been awarded $99,000,000.00<br />
in punitive damages against three mortgage lenders for this misconduct.&nbsp; </p><br />
<br />
<p>&nbsp;</p><br />
<br />
<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The jury,<br />
sitting in state court in Jackson County, Missouri, had previously found that<br />
these defendants owed the plaintiffs 5.1&nbsp;million dollars in actual<br />
damages.&nbsp; The three defendants are<br />
Residential Funding Company, LLC, Household Finance Corp. III, and Wachovia<br />
Equity Servicing, LLC.&nbsp; </p><br />
<br />
<p>&nbsp;</p><br />
<br />
<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The actual<br />
damages suffered by the plaintiffs as a result of the legal conduct of the<br />
three mortgage companies occurred because the original lender had charged the<br />
victims excessive interest and illegal charges for origination fees, loan<br />
discount fees, underwriting fees, processing fees, document preparation fees<br />
and legal fees.&nbsp; </p><br />
<br />
<p>&nbsp;</p><br />
<br />
<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The<br />
original lender who charged the illegal and excessive fees was Mortgage Capital<br />
Resources Corp.&nbsp; </p><br />
<br />
<p>&nbsp;</p><br />
<br />
<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The three<br />
mortgage companies listed above purchased these tainted loans from Mortgage<br />
Capital Resources Corp., which is no longer in business.&nbsp; The former chief executive of the now-defunct<br />
mortgage company is in prison for mortgage fraud.&nbsp; </p><br />
<br />
<p>&nbsp;</p><br />
<br />
<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The three<br />
mortgage companies who purchased the tainted loans defended this suit based<br />
upon their contention that they were entitled to rely upon assurances from<br />
Mortgage Capital Resources Corp. that the loans fully complied with state<br />
law.&nbsp; </p><br />
<br />
<p>&nbsp;</p><br />
<br />
<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; After the<br />
jury awarded 5.1&nbsp;million in actual damages, in the first phase of the<br />
trial calendar came back to court to decide the issue of punitive damages in<br />
the second phase of the trial.</p><br />
<br />
<p>&nbsp;</p><br />
<br />
<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The State<br />
of Missouri<br />
has a set of laws known as the Second Mortgage Loan Act.&nbsp; Under this act, many of the fees charged by<br />
the lenders were illegal.&nbsp; </p><br />
<br />
<p>&nbsp;</p><br />
<br />
<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The lawyers<br />
for the plaintiffs in this class action suit proves that the three mortgage<br />
companies knew of the lender's fraudulent conduct and "stepped into its<br />
shoes".&nbsp; </p><br />
<br />
<p>&nbsp;</p><br />
<br />
<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The case<br />
had been certified as a class action.&nbsp; Missouri residents who<br />
obtain second mortgages from Mortgage Capital Resources will be eligible to<br />
share in the damage Award.&nbsp; It is<br />
estimated that a total of 324 Missourians will qualify as members of the class.&nbsp; </p><br />
<br />
<p>&nbsp;</p><br />
<br />
<p><span style="font-size: 6pt; font-family: &quot;Courier New&quot;; color: black;">&nbsp;</span></p><br />
<br />
<p><span style="font-size: 6pt; font-family: &quot;Courier New&quot;; color: black;">&nbsp;</span></p><br />
<br />
<p><span style="font-size: 6pt; font-family: &quot;Courier New&quot;; color: black;">&nbsp;</span></p> <br>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=2344</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=2344</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Thu, 10 Apr 2008 08:00:00 EST</pubDate>
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	<item>
		<title>Hospital Settles With Patients on Civil Suit against Cardiologist</title>
		<description><![CDATA[<P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto"><SPAN style="COLOR: #111111; LETTER-SPACING: 0.25pt"><FONT size=3><FONT face="Times New Roman">Almost $10 million later, the case against <A href="http://www.klfy.com/Global/story.asp?S=4893684">Dr. Mehmood Patel</A> of Lafayette, La. is closed.</FONT></FONT></SPAN></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto"><SPAN style="COLOR: #111111; LETTER-SPACING: 0.25pt"><FONT size=3><FONT face="Times New Roman">The <A href="http://www.lafayettegeneral.com/about/index.php">Lafayette General Medical Center</A> (LGMC) settled multi-patient, civil lawsuit against Dr. Patel?s cardiology practice for $1.8 million, much less than the $7.4 million <A href="http://www.lourdes.net/">Our Lady of Lourdes Hospital</A> (OLLH) paid one year ago to settle similar lawsuits. Hundreds of&nbsp;patients sued Patel, who also faces federal charges for alleged ?unnecessary? surgical procedures on75 patients. </FONT></FONT></SPAN></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto"><SPAN style="COLOR: #111111; LETTER-SPACING: 0.25pt"><FONT size=3><FONT face="Times New Roman">LGMC CEO Patrick Gandy said the settlement was fair. </FONT></FONT></SPAN></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto"><SPAN style="COLOR: #111111; LETTER-SPACING: 0.25pt"><FONT size=3><FONT face="Times New Roman">Just months ago,<SPAN style="mso-spacerun: yes">&nbsp; </SPAN>LGMC settled with the federal government for $1.9 million regarding claims it defrauded Medicare, Medicaid by submitting bills for ?medically unnecessary procedures? performed by Dr. Patel. Last summer, (OLLH) settled with the federal government for $3.8 million. </FONT></FONT></SPAN></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto"><SPAN style="COLOR: #111111; LETTER-SPACING: 0.25pt"><FONT size=3><FONT face="Times New Roman">Federal health officials claim Patel's procedures caused medical complications to some patients who underwent allegedly ?unnecessary? angiogram, angioplasty and stent procedures. Patel's trial is set for August. He faces charges of billing <A href="http://www.medicare.gov/">Medicare</A>, <A href="http://www.cms.hhs.gov/home/medicaid.asp">Medicaid </A>and private insurers $2.5 million in ?unnecessary procedures? on patients between 2001 and 2004. </FONT></FONT></SPAN></P>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=2319</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=2319</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Mon, 07 Apr 2008 08:00:00 EST</pubDate>
	</item>
	
	<item>
		<title>AAA: Teen Driver Accidents Cost $30 billion annually</title>
		<description><![CDATA[<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>&nbsp;</FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>&nbsp;</FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 12pt; LINE-HEIGHT: 125%"><FONT size=3><FONT face="Times New Roman"><SPAN class=cbstvattribution2><FONT color=#676767>An <A href="http://www.aaa.com/scripts/WebObjects.dll/ZipCode.woa/wa/route">American Automobile Association</A> (AAA)</FONT></SPAN><SPAN style="COLOR: black"> Mid-Atlantic survey found that teen-driver accidents drain $30 billion from the pockets of Joe Q Public annually.</SPAN></FONT></FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 12pt; LINE-HEIGHT: 125%"><FONT size=3><FONT face="Times New Roman">"All your life you watch them grow up and take care of them, and all of a sudden you're going to put them in a car by themselves and say ?Alright, go ahead.? So we're concerned about that," said&nbsp;Johnny Ely, father of a teen driver.<BR><BR>The AAA reports that motorist accidents in the United States cost the economy $164 billion annually. From accidents involving15 to 17-year-olds, the financial loss is $34.4 billion on an annual bases, said&nbsp;AAA?s Ragina Averella.<BR><BR>Costs were tabulated from expenses relating to medical care, lost wages, property damage and ?quality of life? losses.<BR><BR>"Auto accidents are the leading cause of death for 15 to 20-year-olds," said the <A href="http://www.mdot.state.md.us/">State of Maryland Transportation</A> Secretary&nbsp;John Porcari. Because of statistics like this one, he&nbsp;supports extending the&nbsp;time for obtaining a learner's driving permit. ?If teen drivers can spend more time with a parent or guardian on the road in a controlled situation, they will become more experienced drivers" <BR><BR>The&nbsp;AAA study&nbsp;shows that states with stricter driving and licensing laws have fewer incidents involving young drivers. <BR style="mso-special-character: line-break"><BR style="mso-special-character: line-break"><SPAN style="COLOR: black"></SPAN></FONT></FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>&nbsp;</FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>&nbsp;</FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><A href="http://wjz.com/local/crash.teen.2.693183.html"><FONT face="Times New Roman" color=#800080 size=3>http://wjz.com/local/crash.teen.2.693183.html</FONT></A></P>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=2317</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=2317</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Mon, 07 Apr 2008 08:00:00 EST</pubDate>
	</item>
	
	<item>
		<title>Hulk Hogan Sued Because of Son's Racing  Crash</title>
		<description><![CDATA[<p>On Monday, March 24, a negligence suit was filed for the man<br />
who received critical personal injuries in a street racing crash involving the<br />
son of professional wrestler Hulk Hogan. Hogan, whose real name is Terry<br />
Bollea, his estranged wife, Linda Bollea, his son, Nick Bollea, and another man<br />
were named as defendants. <br></p><br />
<br />
<p>The suit was filed by the attorneys of John Graziano in Clearwater, Florida<br />
and accuses one count of negligence against Nick Bollea, three counts of<br />
negligence against Terry Bollea, one count of negligence against Linda Bollea,<br />
and one count against Daniel Jacobs, the driver of the vehicle Bollea was<br />
racing against.</p><br />
<br />
<p>&nbsp;</p><br />
<br />
<br />
<br />
<p>According to Clearwater<br />
police, the incident, which took place on August 26, 2007, occurred due to<br />
Bollea crashing his 1998 Toyota Supra while he was in a street race against the<br />
Dodge Viper driven by a friend. According to a report, Bollea was driving over<br />
60 mph in a 40 mph zone. <br></p><br />
<br />
<br />
<br />
<p>Graziano, a 22-year-old Marine who served in Iraq, was the<br />
passenger of 17-year-old Bollea. Graziano was not wearing his seat belt and<br />
received critical personal injuries. Bollea was wearing his seat belt and<br />
received no serious injuries. <br></p><br />
<br />
<br />
<br />
<p>As a result of the crash, Graziano received serious personal<br />
injuries to the head and was left in a semiconscious state. His family says<br />
that he will now require medical care for the remainder of his life. According<br />
to an attorney, the family will be seeking millions of dollars. <br></p><br />
<br />
<br />
<br />
<p>The suit alleges that Terry and Linda Bollea should have<br />
been aware of the fact that their son was a reckless driver and knew that he<br />
had been drinking on the day of the crash. <br></p><br />
<br />
<br />
<br />
<p>Bollea is facing a criminal charge of reckless driving<br />
involving serious bodily injury. His license was suspended in November due to<br />
allegedly having a blood-alcohol content of 0.055 percent as a minor when the<br />
crash occurred. In April of 2007, he was also cited for driving 106 mph. <br></p><br />
<br />
<p>In addition to the charges of reckless driving, Bollea has<br />
been cited for the use of a motor vehicle in commission of a felony, being a<br />
driver under 21 operating a vehicle with a blood-alcohol content of 0.02 or<br />
above, and having illegal window tinting.</p>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=2243</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=2243</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Sun, 30 Mar 2008 08:00:00 EST</pubDate>
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	<item>
		<title>Refieries Sued After Benzene Exposure Leads to Illness and Death</title>
		<description><![CDATA[<p>The daughter of a deceased former metal worker has filed  suit against the various refineries throughout Port Arthur, Texas  he worked at for the personal injuries through illness he received and his  eventual death after he was allegedly exposed to enough benzene at the  refineries to cause him to develop leukemia. Sally Logsdon, the daughter of  Lonnie Logdson, who was employed as a sheet metal apprentice from 1946 through  1952 at the refineries, seeks financial compensation for her father?s illness  and death.<br>  <br>  The suit, filed on March 18, 2008 &nbsp;in the  District Court of Jefferson County, Texas, names Chevron USA, Chevron Phillips  Chemical Co., and Gulf Oil Corp. as defendants, claiming that Lonnie Logsdon  was exposed to benzene during his six years of working as an apprentice in Port Arthur due to their  negligence. They have been accused by the suit of ?needlessly exposing him to  products containing benzene.?<br>  <br>  According to the suit, the defendants were aware of the chemical emissions,  including benzene, and released them into the ambient air despite knowledge  they would travel throughout the premises owned or operated by them and that  persons such as Logsdon would inhale and absorb them. <br>  <br>  The suit alleges that the defendants knew or should have known that the  chemicals had a risk of causing cancer or other chronic diseases which could  result in death. It also says that a significant amount of the emissions were  unnecessary and could have been drastically reduced, which would have also  reduced the resulting personal injuries, damages, and disease.<br>  <br>  The suit also alleges that the defendants were negligent in their failure to  provide a safe work place and take necessary safety precautions for the  safeguarding workers from benzene.<br>  <br>  Sally Logsdon filed the suit seeking punitive damages, loss of companionship,  and mental anguish in addition to the suffering, medical and funeral expenses,  and mental anguish of her father.</p>    <p>&nbsp;</p>    <p>North Carolina  citizens who have been injured by exposure to benzene may have a products  liability claim against the manufacturer or seller of the products or supplies containing  benzene. North Carolina  citizens who have been injured by exposure to benzene in the work environment may  also have a workers? compensation claim.</p>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=2225</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=2225</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Thu, 27 Mar 2008 08:00:00 EST</pubDate>
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	<item>
		<title>Nevada Doctor Stuck in Hepatitis Outbreak after Reusing Syringes</title>
		<description><![CDATA[<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3></FONT>&nbsp;</P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT size=3><FONT face="Times New Roman">Patients of a <SPAN style="COLOR: black"><A href="http://www.correntewire.com/dr_dipak_desai_or_why_we_need_trial_lawyers">Dr. Dipak K. Desai</A> in southern Nevada over the last three decades have reason to worry.</SPAN></FONT></FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="COLOR: black"><FONT face="Times New Roman" size=3></FONT></SPAN>&nbsp;</P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="COLOR: black"><FONT size=3><FONT face="Times New Roman">The doctor recently agreed to temporarily stop practicing medicine after 28 years until a state investigation sifts through and renders a decision on unlawful medical practice allegations in his clinic, said the IndiaPost.com.</FONT></FONT></SPAN></P><br />
<P><SPAN style="COLOR: black"><FONT size=3><FONT face="Times New Roman">The <A href="http://www.southernnevadahealthdistrict.org/">Southern Nevada Health District</A> confirmed Dr. Desai instructed staff at his Endoscopy Center of Southern Nevada Las Vegas Clinic to reuse syringes and medical vials the last four years. That exposed 40,000 people to possible hepatitis B and C and <A href="http://gov.state.nv.us/">HIV.</A> Thus far, six <A href="http://en.wikipedia.org/wiki/Hepatitis">hepatitis</A> cases in Dr. Desai?s patients have been confirmed.</FONT></FONT></SPAN></P><br />
<P><SPAN style="COLOR: black"><FONT size=3><FONT face="Times New Roman">The <A href="http://medboard.nv.gov/">Nevada State Board of Medical Examiners</A> instructed to close his clinic until it has concluded its investigation, according to the <A href="http://www.lasvegassun.com/">Las Vegas Sun</A>. Through legal counsel, the doctor said, "As a longtime resident of Southern Nevada, I share our community's sorrow and concern for those who have been affected by this situation. </FONT></FONT></SPAN></P><br />
<P><SPAN style="COLOR: black"><FONT size=3><FONT face="Times New Roman">Dr Desai attended medical school at <A href="http://www.gujaratuniversity.org.in/web/index.asp">Gujarat University</A> and later, completed his medical residency at the <A href="http://www.svcmc.org/">St. Vincent Catholic Medical Center</A> in New York. </FONT></FONT></SPAN></P><br />
<P><SPAN style="COLOR: black"><FONT size=3><FONT face="Times New Roman">The sun reported that the doctor had contributed to the <A href="http://en.wikipedia.org/wiki/George_W._Bush">George W. Bush</A> and <A href="http://www.algore.com/">Al Gore</A> presidential campaigns. He also served on a gubernatorial health care committee of <A href="http://gov.state.nv.us/">Gov. Jim Gibbons.</A> The Sun reported Dr Desai was a member of the same state board which investigated and found the alleged violations in his clinic. At one time, the doctor even served as chairman of that board's investigative committee. </FONT></FONT></SPAN></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3></FONT>&nbsp;</P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3></FONT>&nbsp;</P>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=2155</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=2155</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Wed, 19 Mar 2008 08:00:00 EST</pubDate>
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		<title>Oklahoma Nursing Homes Can't Afford Liability Insurance</title>
		<description><![CDATA[<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>Nursing facilities that carry no liability insurance are gambling. But most of them have no choice but to roll the dice. Available funds pay for resident care, staffing and administrative costs.</FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>&nbsp;</FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT size=3><FONT face="Times New Roman">In Oklahoma, there are <SPAN lang=EN style="COLOR: #333333; mso-ansi-language: EN">56 uninsured elder homes with 6,621 beds, according to the <A href="http://www.okccps.org/">Oklahoma Center for Consumer &amp; Patient Safety</A> (OCCPS) in Tulsa, according to NewsOK.com.</SPAN></FONT></FONT></P><br />
<P><SPAN lang=EN style="COLOR: #333333; mso-ansi-language: EN"><FONT size=3><FONT face="Times New Roman">?Over 20 percent of beds in Oklahoma are in nursing homes that refuse to carry insurance," said Hugh Robert, executive director of OCPPS. "The number is likely a lot higher."</FONT></FONT></SPAN></P><br />
<P><SPAN lang=EN style="COLOR: #333333; mso-ansi-language: EN"><FONT size=3><FONT face="Times New Roman">OCPPS wants legislation which would require all nursing homes to carry liability insurance or at least to provide proof of assets in case of a lawsuit.</FONT></FONT></SPAN></P><br />
<P><SPAN lang=EN style="COLOR: #333333; mso-ansi-language: EN"><FONT size=3><FONT face="Times New Roman">But the <A href="http://www.oahcp.org/">Oklahoma Association of Healthcare Providers</A> (OAHP) sees it much differently. "Under funding from Medicaid and Medicare has forced many nursing home owners to make a choice -- either pay for liability insurance or pay for taking care of residents," said Becky Moore, executive director of OAHP. ?Unless the government wants to increase Medicaid payments to homes to cover insurance costs, it should not mandate insurance coverage, she said.</FONT></FONT></SPAN></P><br />
<P><SPAN lang=EN style="COLOR: #333333; mso-ansi-language: EN"><FONT size=3><FONT face="Times New Roman">She agreed many homes in Oklahoma lack legal protection from the threat of lawsuits but said administrators have no choice. Moore said the number of insured homes increased when an insurance group which covered nine out of 10 homes in the state went bankrupt three years ago.</FONT></FONT></SPAN></P><br />
<P><SPAN lang=EN style="COLOR: #333333; mso-ansi-language: EN"><FONT size=3><FONT face="Times New Roman">"Premium rates have increased five times what they were five years ago," Moore said, adding that insurance policies have huge deductibles for their coverage.</FONT></FONT></SPAN></P><br />
<P><SPAN lang=EN style="COLOR: #333333; mso-ansi-language: EN"><FONT face="Times New Roman" size=3>&nbsp;</FONT></SPAN></P><br />
<P><SPAN lang=EN style="COLOR: #333333; mso-ansi-language: EN"><A href="http://newsok.com/article/3217720/1205868148"><FONT face="Times New Roman" color=#800080 size=3>http://newsok.com/article/3217720/1205868148</FONT></A></SPAN></P><br />
<P><SPAN lang=EN style="COLOR: #333333; mso-ansi-language: EN"><FONT face="Times New Roman" size=3>&nbsp;</FONT></SPAN></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>&nbsp;</FONT></P>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=2154</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=2154</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Wed, 19 Mar 2008 08:00:00 EST</pubDate>
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	<item>
		<title>FEMA Sued Over  Hurricane Katrina Formaldehyde Expossure</title>
		<description><![CDATA[<P><FONT face="Times New Roman" size=3>A massive lawsuit has been filed naming the Federal Emergency Management Agency (FEMA), which supplied hurricane victims in 2005 with about 120,000 travel trailers, and the manufacturers of the units as co-defendants. The suit charges that there were dangerous levels of formaldehyde in the units.</FONT></P><br />
<P><FONT face="Times New Roman" size=3>If the hurricane victims are successful, this suit could be on the level of other large-scale product liability suits such as the ones filed against manufacturers of asbestos and tobacco.</FONT></P><br />
<P><FONT face="Times New Roman" size=3>According to Letechia Acker, one of many plaintiffs in the suit, she hopes that a victory in court can buy a new home for her family to replace the one destroyed by Hurricane Katrina.</FONT></P><br />
<P><FONT face="Times New Roman" size=3>Acker said that her sons, especially the 2-year-old born the day after the family?s move into the trailer, have frequently had respiratory infections and upset stomachs. She asked FEMA to test the unit after discovering that it may have been formaldehyde in the trailer causing their illness.</FONT></P><br />
<P><FONT face="Times New Roman" size=3>However, Acker?s request, in addition to the requests of hundreds of other trailer residents, was declined by FEMA until e-mails were released by lawmakers last summer which showed that FEMA?s lawyers had advised them against testing to avoid liability.</FONT></P><br />
<P><FONT face="Times New Roman" size=3>FEMA then requested that the Centers for Disease Control and Prevention (CDC) test 519 trailers and mobile homes. They discovered that most of them had high levels of formaldehyde. FEMA has said that they are now honoring all testing requests.</FONT></P><br />
<P><FONT face="Times New Roman" size=3>According to attorneys representing the trailer residents, the CDC?s test results don?t show the full scope of the problem as they were conducted in December and January and when temperatures increase, formaldehyde levels rise.</FONT></P><br />
<P><FONT face="Times New Roman" size=3>Formaldehyde is a colorless, pungent gas which many construction materials emit. A variety of symptoms including burning eyes, respiratory problems, and rashes, can be caused by the suspected carcinogen.</FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3></FONT>&nbsp;</P>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=2152</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=2152</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Wed, 19 Mar 2008 08:00:00 EST</pubDate>
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		<title>Doctor's Patients Contract Hepatits after Office Reused Syringes</title>
		<description><![CDATA[<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3></FONT>&nbsp;</P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT size=3><FONT face="Times New Roman">Patients of a <SPAN style="COLOR: black">Dr Dipak K. Desai in southern Nevada over the last three decades have reason to worry.</SPAN></FONT></FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="COLOR: black"><FONT face="Times New Roman" size=3></FONT></SPAN>&nbsp;</P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="COLOR: black"><FONT size=3><FONT face="Times New Roman">The doctor recently agreed to temporarily stop practicing medicine after 28 years until a state investigation sifts through and renders a decision on unlawful medical practice allegations in his clinic, said the IndiaPost.com.</FONT></FONT></SPAN></P><br />
<P><SPAN style="COLOR: black"><FONT size=3><FONT face="Times New Roman">The Southern Nevada Health District confirmed Dr. Desai instructed staff at his Endoscopy Center of Southern Nevada Las Vegas Clinic to reuse syringes and medical vials the last four years. That exposed 40,000 people to possible hepatitis B and C and HIV. Thus far, six hepatitis cases in Dr. Desai?s patients have been confirmed.</FONT></FONT></SPAN></P><br />
<P><SPAN style="COLOR: black"><FONT size=3><FONT face="Times New Roman">The Nevada State Board of Medical Examiners instructed to close his clinic until it has concluded its investigation, according to the Las Vegas Sun. Through legal counsel, the doctor said, "As a longtime resident of Southern Nevada, I share our community's sorrow and concern for those who have been affected by this situation. </FONT></FONT></SPAN></P><br />
<P><SPAN style="COLOR: black"><FONT size=3><FONT face="Times New Roman">Dr Desai attended medical school at Gujarat University and later, completed his medical residency at the Catholic Medical Center in New York. </FONT></FONT></SPAN></P><br />
<P><SPAN style="COLOR: black"><FONT size=3><FONT face="Times New Roman">The sun reported that the doctor had contributed to the George W. Bush and Al Gore presidential campaigns. He also served on a gubernatorial health care committee of Gov. Jim Gibbons. The Sun reported Dr Desai was a member of the same state board which investigated and found the alleged violations in his clinic. At one time, the doctor even served as chairman of that board's investigative committee. </FONT></FONT></SPAN></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>&nbsp;</P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"></FONT>&nbsp;</P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3></FONT>&nbsp;</P>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=2134</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=2134</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Mon, 17 Mar 2008 08:00:00 EST</pubDate>
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		<title>Doctor With Record of Neglect Still Practicing in Colorado</title>
		<description><![CDATA[<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>&lt;p&gt;For some Denver-area families, the nightmare never ends.&lt;/p&gt;</FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>&nbsp;</FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>&lt;p&gt;An area physician with a documented history of neglect still is practicing medicine and ?tending? to elderly patients in the hospital and nursing home community, according to thedenverchannel.com, the ABC affiliate there.&lt;/p&gt;</FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>&nbsp;</FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>&lt;p&gt;In 2000, the Colorado Board of Medical Examiners put Dr. Stan Worley on five years probation when several patients under his care died at the O?Hara Nursing Home in Denver. Dr. Worley was a staff physician at the nursing home when sanctioned by the board. Dr. Worley was sued by one family of a deceased resident but the case was settled. O?Hara has since closed.&lt;/p&gt;</FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>&nbsp;</FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>&lt;p&gt;Six years later, Dr. Worley was a staff physician at the Cherry Creek Nursing Center in Aurora when yet another fatality occurred under his watch.&lt;/p&gt;</FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>&nbsp;</FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>&lt;h2&gt;Distressed Patient Seemingly Neglected by Doctor&lt;/h2&gt;</FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>&nbsp;</FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>&lt;p&gt;On Sept. 8, 2006, 82-year-old Frank Andrade was discharged from a hospital and sent to Cherry Creek for rehabilitation for hip surgery. Concerned about her father?s dehydration from diarrhea, Rachel Belmudez asked Dr. Worley if her father was strong enough for the transfer. </FONT><SPAN style="FONT-SIZE: 11.5pt; FONT-FAMILY: Times">She said the doctor said, "He's good to go."&lt;/p&gt;</SPAN></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 11.5pt; FONT-FAMILY: Times">&nbsp;</SPAN></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>&lt;p&gt;The Colorado Department of Public Health and Environment investigation reported Andrade's worsened that day. </FONT><SPAN style="FONT-SIZE: 11.5pt; FONT-FAMILY: Times">At 9:15 a.m. the 82-year-old began to cough uncontrollably. A nurse summoned Dr. Worley, who was on the telephone but refused to hang up, according to the nurse. "There was no question in this case that he delayed care," the nurse testified.&lt;/p&gt; </SPAN></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>&nbsp;</FONT></P><br />
<DIV style="BORDER-RIGHT: #999999 1pt solid; PADDING-RIGHT: 0in; BORDER-TOP: medium none; PADDING-LEFT: 0in; PADDING-BOTTOM: 0in; BORDER-LEFT: medium none; PADDING-TOP: 0in; BORDER-BOTTOM: medium none; mso-border-right-alt: solid #999999 .75pt; mso-element: para-border-div"><br />
<P class=container1table1 style="MARGIN: 0in 0in 0pt; LINE-HEIGHT: 13.5pt"><SPAN style="FONT-SIZE: 11.5pt; FONT-FAMILY: Times">&lt;p&gt;Court documents showed Andrade struggled to breathe and his lungs filled with fluid, Forty-five minutes later, Dr. Worley finally came to Andrade?s aid. When nurses asked if Andrade should be taken to a hospital, Dr. Worley reportedly said, "What the hospital can do, we can do here."&lt;/p&gt; </SPAN></P><br />
<P class=container1table1 style="MARGIN: auto 0in 7.5pt; LINE-HEIGHT: 13.5pt"><FONT face="Times New Roman" size=3>&lt;p&gt;The Andrade family said that at 12:30, nurses again summoned Dr. Worley. At 1 p.m., Andrade finally was taken to a hospital, where doctors determined the 82-year-old was in septic shock and had a ?mucous plug? in his lungs. He died eight hours later.&lt;/p&gt;</FONT></P><br />
<P class=container1table1 style="MARGIN: auto 0in 7.5pt; LINE-HEIGHT: 13.5pt"><FONT face="Times New Roman" size=3>&lt;p&gt;</FONT><SPAN style="FONT-SIZE: 11.5pt; FONT-FAMILY: Times">The Andrade family's case against Dr. Worley and Cherry Creek Nursing Center is pending.&lt;/p&gt; </SPAN></P></DIV><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>&nbsp;</FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>&nbsp;</FONT></P>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=2009</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=2009</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Fri, 29 Feb 2008 08:00:00 EST</pubDate>
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	<item>
		<title>Man Uses His Dog As A Weapon: Dog Then Attacks  Owner</title>
		<description><![CDATA[<p>On Thursday, February 14, two people in Laurel,  Mississippi were sent to South Central   Regional Medical   Center after receiving  personal injuries from being attacked by a dog. One of the two was the owner of  the animal.</p>    <p>According to a prepared statement by Alex Hodge, Sheriff of Jones County,  Mississippi, once 54-year-old Carlos Magee is released from the hospital; he  will face charges of aggravated assault and attempted aggravated assault.</p>    <p>The name of the woman attacked, nor the name of her husband, were released  by Hodge. There were also no details given about the condition she or Magee  were in. </p>    <p>Steven Smith, a Deputy for the Jones County Sheriff?s Department, responded  to a complaint the department had received. Once there, Smith discovered a  woman who had suffered from massive bite wounds due to being attacked by a dog.</p>    <p>According to Hodge, the attack was neither an accident, nor the result of  provocation by the woman. Hodge said that the dog was told to attack the woman  by Magee. The woman?s husband attempted to aid his wife by trying to knock the  dog off of her with a baseball bat, at the same time Magee was attacking the  husband with an ax handle.</p>    <p>At some point during the incident, the dog turned on its owner and wounded  him. Smith called for back-up at the scene. Shortly after they responded, the  dog was killed. </p>    <p>&nbsp;</p>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=1942</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=1942</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Thu, 21 Feb 2008 08:00:00 EST</pubDate>
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	<item>
		<title>New York reexamines &quot;one dog bite rule&quot;</title>
		<description><![CDATA[<p style="margin-bottom: 12pt;">The case of a Labrador mix who caused an  8-year-old girl ?disfiguring personal injuries? by biting her in the face has  made it all the way to the highest court in the state of New York, which puts  the ?one-bite rule? of the state at risk. <br>  <br>  In 2003, the dog, Scooter, bit the girl on the cheek inside a toy store in Bridgehampton, New    York. Her parents promptly filed suit against toy  merchant Juan Mendez, who is the owner of the dog. Mendez claims that the dog  had never acted aggressively before. <br>  <br>  On Thursday, February 14, in the New York State Court of Appeals, James Forde,  the attorney for Bernstein, challenged the ?one-bite rule? of the state. The  rule, which is 180 years old, suggests that owners of dogs that have never  showed vicious behavior in the past are not liable for attacks. </p>    <p>According to Mendez?s testimony in 2005, at the time of the attack, Scooter  was six years old and had only been docile and friendly since being rescued  from a shelter in East Hampton,   NY by Mendez. He now believes  that Scooter bit Danielle because he was attempting to get to the lollipop that  was in her mouth. He says he keeps him off of his stores? floors now.<br>  <br>  According to Carol Finocchio, Mendez?s attorney, holding him liable for the out  of the ordinary attack by Scooter could expose other owners of dogs to  unprecedented legal risks. She says that everyone in the state who owns a dog  would be subject to liability if a child was bitten by a dog, regardless of  whether or not the animal was inclined to aggressiveness. <br>  <br>  However, Forde argued that more responsibility may be a good idea, noting that  over 40 sutures inside and out were required to rebuild the girl?s mouth.</p>    <p>Neither side in the case is arguing responsibility on the part of the  victim. During a family visit to the Hamptons,  Danielle entered the store and began to pet and kiss Scooter after being  assured he was friendly. Suddenly, he gave a short growl and bit her face just  below the left eye. Adults pulled her away from the dog and called for an  ambulance.</p>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=1931</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=1931</guid>
		<author>brent@brentadams.com</author>
		<pubDate>Wed, 20 Feb 2008 08:00:00 EST</pubDate>
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		<title>New Jersey Man Files Age, Gender Discrimination Suit</title>
		<description><![CDATA[<p style="margin: 0in 0in 0pt;"><font face="Times New Roman" size="3">&nbsp;  </font></p><p><font face="Times New Roman" size="3">Rather than let office politics further ruin his health, a Hamilton, N.J. man enlisted the legal system.</font></p><font face="Times New Roman" size="3">  </font><p style="margin: 0in 0in 0pt;"><font face="Times New Roman" size="3">&nbsp;  </font></p><p><span style="font-size: 12pt; font-family: 'Times New Roman';"><font face="Times New Roman" size="3">William Simisak, 60 sued Mercer County, N.J. </font></span><font face="Times New Roman" size="3">after he claimed his supervisor, Victoria Rivera-Cruz, created a "hostile work environment" at the county?s office of personnel. Simisak alleges he was discriminated against because of gender, age and disability.</font></p><font face="Times New Roman" size="3">  </font><p></p><font face="Times New Roman" size="3">  </font><p><font face="Times New Roman" size="3">&nbsp;  </font></p><p><font face="Times New Roman" size="3">After Rivera-Cruz became Simisak?s supervisor, she allegedly told him "he didn't have what it takes to be an assistant director," though he held the position and once acted as the office?s interim director. The suit also alleges Rivera-Cruz told Simisak he "had a problem working for women bosses" with no supporting documentation.</font></p><font face="Times New Roman" size="3">  </font><p></p><font face="Times New Roman" size="3">  </font><p><font face="Times New Roman" size="3">&nbsp;  </font></p><p><font face="Times New Roman" size="3">Four years ago, Simisak requested leave to take his 84-year-old mother to physical therapy following her surgery. Although nothing was mentioned at the time of Simisak?s request, Rivera-Cruz later "sought to discipline him for time missed from work,? according to the suit.</font></p><font face="Times New Roman" size="3">  </font><p></p><font face="Times New Roman" size="3">  </font><p><font face="Times New Roman" size="3">  </font></p><p><font face="Times New Roman" size="3">A year after that, Simisak said his boss threatened to transfer him back to the Mercer County Correction Center, where he previously worked and had been threatened by inmates. Those threats, Simisak said, caused him panic attacks, nightmares and nosebleeds. He reminded River-Cruz the transfer would compromise his health and said the county failed to investigate this "unlawful and harassing treatment" from Rivera-Cruz.</font></p><font face="Times New Roman" size="3">  </font><p></p><font face="Times New Roman" size="3">  </font><p><font face="Times New Roman" size="3">&nbsp;  </font></p><p><font face="Times New Roman" size="3">Since 2005, Simisak's medical condition prevented him from returning to work, the suit contends. The suit seeks payment for lost wages and medical bills.</font></p><font face="Times New Roman" size="3">  </font><p></p><font face="Times New Roman" size="3">  </font><p><font face="Times New Roman" size="3">&nbsp;<a href="http://www.nj.com/news/times/regional/index.ssf?/base/news-11/1199336708142540.xml&amp;coll=5"><font color="#800080">http://www.nj.com</font></a></font></p><font face="Times New Roman" size="3">  </font>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=1729</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=1729</guid>
		<author>tom@fosterwebmarketing.com</author>
		<pubDate>Tue, 22 Jan 2008 08:00:00 EST</pubDate>
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		<title>Caregiver Walks With Probation after Harassing Elderly Woman</title>
		<description><![CDATA[<p>Probation was all a Plattsburgh, N.Y. caregiver was given by a judge after she forced a 90-year-old woman to wear a diaper, hold a baby bottle and kneel on macadam in 90-degree heat for 30 minutes.</p><br />
<p>Prosecutors fought for jail time but the judge issued probation and 300 hours of community service for <a href="http://www.wcax.com/Global/story.asp?s=6861589" target="_blank">Sherry Demarais</a>, 63, who pleaded guilty to a felony charge of endangering the welfare of a vulnerable elderly person.</p> <br />
<p>A neighbor, Joyce Williams witnessed the incident. She heard Demarais shouting at the elderly woman. "I kept hearing the lady screaming and saying to her 'you're going to kneel down until I tell you to get up.'  It was 90 degrees. She said 'you are not getting up until you tell me you are going to behave.'"</p><br />
<p>Police were called and took the woman to the Champlain Valley Physicians Hospital. She now is in protective custody and never will have to worry about Demarais again.</p><br />
<p>?She must have screamed at the elderly woman for half an hour,? Williams told WCAX-TV News in Burlington, Vt. ?You don't do that when taking care of the elderly."</p><br />
<p>Demarais is scheduled in court again August 6.</p>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=1634</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=1634</guid>
		<author>tom@fosterwebmarketing.com</author>
		<pubDate>Thu, 10 Jan 2008 08:00:00 EST</pubDate>
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		<title>Two Executioners Sue S.C. Prison System</title>
		<description><![CDATA[<p><a href="http://www.upstatelink.com/apps/pbcs.dll/article?AID=/20071219/NEWS01/71219053/1166/upstateLINK<br />
<br />
<br />
<br />
" target="_blank">Two former state Department of Corrections (DOC) executioners in South Carolina state prison system filed federal lawsuits </a>claiming they lacked training to personally carry out state-mandated executions and that they would lose their jobs if they refused.</p><br />
<p>Terry Bracey and Ira Craig Baxley ? who each worked for the prison system over 20 years -- sued Jon Ozmint, director of the state?s prison system, and Robert Ward, director of operations for the agency, according to greenvilleonline.com. Each man retired on disability and has a workers? compensation claim pending.</p><br />
<p>Greenvilleonline.com said the suits detail incidents of "accidental malfunctions of death apparatus," where a lethal injection syringe fell out of a person?s arm and administering death by electric chair, where they witness ?shocking smell and scene of agony.?</p><br />
<p>One plaintiff alleges the prison officials "began a ruthless and unrelenting campaign of retaliation, harassments, threats and criticisms resulting in physical and emotional collapse." The pair is suing for loss of quality of life, shock, humiliation/embarrassment and loss of earning capacity, according to the heraldonline.com.</p><br />
<br />
<p>Baxley is seeking $1 million in damages. Bracey is seeking $5 million.</p><br />
<p>DOC spokesman Josh Gelinas said, "Anyone can file a lawsuit filled with false allegations. Some lawyers will file anything and send out a press release announcing it."</p><br />
<p>Greenvilleonline.com reported the State Law Enforcement Division and the Legislative Audit Council was asked by Sen. Mike Fair to examine allegations against the prison system earlier this year. Ozmint said they were "reckless and false."</p><br />
<br />
.]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=1561</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=1561</guid>
		<author>tom@fosterwebmarketing.com</author>
		<pubDate>Thu, 27 Dec 2007 08:00:00 EST</pubDate>
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		<title>Two Executioners Sue S.C. Prison System</title>
		<description><![CDATA[<p><a href="http://www.upstatelink.com/apps/pbcs.dll/article?AID=/20071219/NEWS01/71219053/1166/upstateLINK<br />
<br />
<br />
<br />
" target="_blank">Two former state Department of Corrections (DOC) executioners in South Carolina state prison system filed federal lawsuits </a>claiming they lacked training to personally carry out state-mandated executions and that they would lose their jobs if they refused.</p><br />
<p>Terry Bracey and Ira Craig Baxley ? who each worked for the prison system over 20 years -- sued Jon Ozmint, director of the state?s prison system, and Robert Ward, director of operations for the agency, according to greenvilleonline.com. Each man retired on disability and has a workers? compensation claim pending.</p><br />
<p>Greenvilleonline.com said the suits detail incidents of "accidental malfunctions of death apparatus," where a lethal injection syringe fell out of a person?s arm and administering death by electric chair, where they witness ?shocking smell and scene of agony.?</p><br />
<p>One plaintiff alleges the prison officials "began a ruthless and unrelenting campaign of retaliation, harassments, threats and criticisms resulting in physical and emotional collapse." The pair is suing for loss of quality of life, shock, humiliation/embarrassment and loss of earning capacity, according to the heraldonline.com.</p><br />
<br />
<p>Baxley is seeking $1 million in damages. Bracey is seeking $5 million.</p><br />
<p>DOC spokesman Josh Gelinas said, "Anyone can file a lawsuit filled with false allegations. Some lawyers will file anything and send out a press release announcing it."</p><br />
<p>Greenvilleonline.com reported the State Law Enforcement Division and the Legislative Audit Council was asked by Sen. Mike Fair to examine allegations against the prison system earlier this year. Ozmint said they were "reckless and false."</p><br />
<br />
.]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=1560</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=1560</guid>
		<author>tom@fosterwebmarketing.com</author>
		<pubDate>Thu, 27 Dec 2007 08:00:00 EST</pubDate>
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		<title>Massachusetts Fines FedEx for Depriving Drivers of Workers' Compensation Benefits</title>
		<description><![CDATA[<p>Those FedEx trucks might even be driving faster to make up for a hefty fine from the Commonwealth of Massachusetts. The state?s attorney general?s office announced it was slapping the delivery company with a $190,000 fine for depriving ?employees? workers compensation benefits, the Associated Press reported.</p><br />
<p><a href="http://www.fool.com/news/associated-press/2007/12/19/fedex-fined-for-misclassifying-drivers.aspx" target="_blank">Martha Coakley, state attorney general, said the ?independent contractor? classification violated the state's Independent Contractor Law, </a>and unfairly deprived drivers health care, workers' compensation and overtime wages. By not classifying the drivers as ?employees,? Pittsburgh-based FedEx Ground Package Systems Inc. was depriving Massachusetts of tax revenue by failing to deduct and withhold taxes.</p><br />
<p>Maury Lane, spokesman for FedEx Ground's Memphis, Tenn.-based parent, FedEx Corp., said drivers were properly classified and planned to appeal. FedEx Ground has 400 drivers in Massachusetts.</p><br />
<p>FedEx drivers have filed suit in 12 other states to be classified correctly under the law. In October, a federal judge in Indiana approved class-action status for a lawsuit filed on behalf of 14,000 FedEx drivers.</p><br />
<p>Interestingly, FedEx's ?independent-contractor? drivers own their trucks and delivery routes but have to pay operating costs such as vehicle maintenance, insurance and fuel. These drivers can subcontract to other drivers, thus increasing their base-rate income from FedEx.</p>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=1537</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=1537</guid>
		<author>tom@fosterwebmarketing.com</author>
		<pubDate>Thu, 20 Dec 2007 08:00:00 EST</pubDate>
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		<title>Nursing Home Reform Act Assessed After 20 Years</title>
		<description><![CDATA[<p>Upon the <a href="http://www.elderlawanswers.com/resources/article.asp?id=6643&section=4&state=<br />
<br />
" target="_blank">20-year review of the Omnibus Budget Reconciliation Act (OBRA) of 1987 </a>enacted by Congress in 1987, ElderLawAnswers.com reports in 2006, nearly one-fifth of all certified facilities were cited for deficiencies that caused harm or immediate jeopardy to residents. Studies show nursing homes still are understaffed.</p><br />
<br />
<p>Yet, the Kaiser Family Foundation reports there has been progress. But where?</p><br />
<br />
<p>Also known as The Nursing Home Reform Act, the new law instituted higher standards for patient care. But have they been met? The law increased staffing requirements and established the right to be free from abuse, mistreatment and neglect. It also merged Medicare and Medicaid standards and certification requirements. Kaiser said the biggest improvement is the reduction of physical restraints, which can lead to muscle atrophy and depression, among other problems.</p><br />
<br />
<p>The American Health Care Association said 90% of the 15,827 nursing homes in the United States were cited for at least one deficiency in 2006. Almost one and half million (1,425,484) residents lived in those nursing homes.</p><br />
<br />
<p>It?s commendable the federal government instituted policy to safeguarding our dependent elderly. Yes, there are state and federal inspections. And if deficiencies are extreme, administrative judges can shut down operations and transfer residents.</p><br />
<br />
<h2>Quality of Care Manifests at Lowest Level</h2><br />
<br />
<p>Despite these checks and balances, it still comes down to the grass-roots operations on the graveyard shift of a nursing facility tucked away in the wilderness far away from the Health and Human Services monitoring crews in Washington.</p><br />
<br />
<p>Is working on the lowest level in a nursing home sexy? No. Does it pay? No. Is the work appreciated. Rarely. Is a staffer with a thick accent from the Caribbean who happens to have legal status unfairly criticized by family members for how they speak? Probably. Without a college degree in health administration, is there room for promotion? Definitely not. And this is where problems manifest. Who is watching what happens in the back hallways of nursing homes at 3 in the morning? And what elderly resident totally dependent on staff is going to blow a whistle? None of them.</p><br />
<br />
<p>If these aides were paid respectably, maybe problems would decrease. If there was an opportunity to become vested in a retirement program, maybe morale would blossom. If their benefit packages were on a par with the tie-wearing administrators, maybe they would take pride in what they do, even if that was emptying bed pans and changing diapers. Who knows for sure? It couldn?t hurt. And isn?t the goal to improve the quality of care. At what cost, lawmakers will ask. That?s a worthy point when spending affects all taxpayers. But those same taxpayers probably will be lying in one of those beds some day.</p><br />
<br />
<p>Chandeliered dining rooms and smiling greeters in carpeted lobbies aside, the heart and soul of the quality of care in a nursing home lies in the basement, where the resident with dementia lies helplessly. Is the aide on that ward conscientious about his or her job? That is where government efforts need to be targeted to strengthen the crippled image of America?s nursing home. Is proper care being given? Is there a sense of compassion for the resident? Are rules and laws obeyed? Only when these queries can be answered in the affirmative will ?life? in a nursing home in this country improve.</p>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=1516</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=1516</guid>
		<author>tom@fosterwebmarketing.com</author>
		<pubDate>Sun, 16 Dec 2007 08:00:00 EST</pubDate>
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		<title>New Illinois Law Protects Worker in Pay and Compensaation</title>
		<description><![CDATA[<p><a href="http://my.barackobama.com/page/community/post/unionsforchange/CczH" target="_blank">On January 1, the Illinois Employee Classification Act takes effect, </a>which redefines standards by which a worker is either an employee or independent contractor. The Illinois Department of Labor said it will enforce the law by imposing a fine of $1,500 per violation and $2,500 per violation for a repeat offender five-years.</p><br />
The AFL-CIO supports the law, arguing that Illinois contractors have, in the past, sent workers classified as independent contractors to job sites.<br />
<p>"This law provides workers with better pay and worker-compensation coverage, unemployment workers coverage and also closes loopholes for those not paying fair taxes as well as millions of dollars lost in state revenue," Illinois AFL-CIO Legislative Director Jason Keller said. The AFL-CIO represents 1 million members in Illinois.</p><br />
<p>Jason Bailey, owner of Bailey Construction LLC in Tunnel Hill, Ill., sees positives and negatives of the rule.</p><br />
<p>"It's a good and a bad thing because as a general contractor, I think it works out pretty good to try and help put everybody on the same level and playing field," Bailey said. "Then again, it's hurting us, because it's going to such an extreme. If I happen to have a subcontractor who doesn't carry workman's compensation or doesn't pay his employees as he should, I'm the one who gets charged for it, not him. I mean, he probably will, too, but it all comes back to me. So I'm going to be the one getting fined and not just him."</p>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=1502</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=1502</guid>
		<author>tom@fosterwebmarketing.com</author>
		<pubDate>Wed, 12 Dec 2007 08:00:00 EST</pubDate>
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		<title>Can You Believe This Raleigh, North Carolina?</title>
		<description><![CDATA[Raleigh, North Carolina, straight off the news wire:<br><br>This is just another example of an inadequate school bus driver.&nbsp; <a href="http://www.nbc17.com/midatlantic/ncn/news.apx.-content-articles-NCN-2007-09-05-0026.html">This five year old kid was hurt on the bus when the bus driver drove right past the kid's bus stop.</a>&nbsp; According to the parents, the kid required at least one staple in the back of his head because of a gash he sustained while riding on the bus. <br><br>Where do some of these school districts hire these bus drivers?&nbsp; I think that schools and local governments should have more stringent standards when hiring those people who are entrusted with the duty to drive our children to and from school.&nbsp; This is not a duty to be taken lightly.&nbsp; <br><br>It seems like the schools don't even interview these people:&nbsp; You got two legs?&nbsp; Yep.&nbsp; You got a driver's license?&nbsp; Yep.&nbsp; Ok, you're hired.&nbsp; <br><br>These types of senseless accidents must stop.&nbsp; As a kid, I used to look forward to riding the bus with my friends.&nbsp; Of course we would goof around but bus drivers all seemed to be pretty responsible.&nbsp; Someone needs to put the fire under the school's butt to start <a href="http://www.brentadams.com/">preventing accidents</a>. <br>]]></description>
		<link>http://www.brentadams.com/blog/index.cfm?id=1050</link>
		<guid>http://www.brentadams.com/blog/index.cfm?id=1050</guid>
		<author>tom@fosterwebmarketing.com</author>
		<pubDate>Fri, 14 Sep 2007 08:00:00 EST</pubDate>
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