CNN Report photo credit

Lucky to Be Alive

A CNN report outlined the dangers faced by those unfortunate enough to live in Lincoln Military Housing (LMH) in Virginia. Shelly Federico is one military housing resident who says she could have died if not for her independent efforts to find the cause of her fatigue, headaches and stomach ailments. In an interview with CNN, Federico  said, “I was actually told by a remediator, ‘You’re very lucky that you found it when you did. If you would have continued to live this way, this whole time not knowing, you would probably be dead.’” When the housing company refused to test her home for mold, Shelly paid for her own test, showing a mold count of 33,000. An acceptable count would have been zero, she told reporters.

Another woman repeatedly sought help from doctors for her symptoms, which doctors blamed on stress and anxiety…until they found lesions on her brain. She believes her illness came from the toxic mold environment in her home.

Only now is this problem, affecting hundreds of our military’s families, getting the attention it deserves. A good deal of credit for this should go to NewsChannel 3 for their Taking Action report on the problem. According to the news station, hundreds of families approached reporters about life-threatening living conditions in housing run by the private firm, Lincoln Military Housing.

Congressman Defends the Safety and Health of Military Families

Congressman Scott Rigell, a member of the House Armed Services Committee, saw some of these reports and realized that someone had to take action. America’s military families deserve proper respect and dignity, and that includes safe housing. Introducing the Military Housing Oversight and Accountability Act is the first step in making that happen. His goal is to include it in the 2013 National Defense Authorization Act, making it part of the military budget. We’ll know soon if he was successful. If it works, we may see the new rules take effect by October.

Although the housing secretaries for the military have strong authority over the performance of the contractors that build new housing, they can’t do much when it comes to the maintenance and upkeep. LMH has set itself up so it isn’t accountable the way a contractor would be. Instead, the company owns the housing. LMH is in in charge, not the military.

Rigell’s legislation, however, will put in place rules requiring military secretaries worldwide to monitor the performance of companies charged with maintaining these homes and report to Congress on the findings. Finally, someone who cares about the health and safety of military families will have the power to protect them.

Contact Us

If your family suffered damage or health problems because of LMH’s failure to protect you from mold, contact our office. Experienced attorneys are here to fight for your health, your rights and your dignity.

Winslow Townson/AP/File

The devastating death of an NFL player teammates described as “Superman.” Junior Seau was known for his exuberant personality, fierce determination, charm, energy and enthusiasm. The NFL lost him when he retired last fall at age 43, but the world lost his light for good on May 2. Friends and family are bewildered, wondering how could it be that this loving, always upbeat man could take his own life so suddenly, without warning or reason.

Shock and Sadness for Seau’s Passing

The news came as a surprise to everyone. Even Seau’s mother was dumbfounded. “I don’t understand … I’m shocked,” Luisa Seau chokingly told reporters. Junior seemed fine when she spoke to him earlier in the week. He was upbeat and joking with her, calling her “home girl.” San Diego Chargers President Dean Spacos released the following statement: “We all lost a friend today. This is just such a tragic loss. One of the worst things I could ever imagine.”

In the sea of confusion, though, links are being made between Seau’s and other NFL players’ suicides and possible causes. Junior Seau’s death is one in a string of tragic, potentially preventable deaths at the hands of a system that fails to recognize the vital need for better player protection. In less than two years, the professional football industry lost two other players under similar circumstances: Dave Duerson and Ray Easterling.

Dying to Play

Many believe Seau, and others, suffered from chronic traumatic encephalopathy (CTE), a deadly degenerative brain disease caused by repeated brain injuries. The disease can’t be diagnosed while a person is living. Only after the tragedy occurs can doctors determine if the patient suffered the affliction. Could all three suicides be a result of CTE?

An autopsy confirmed Duerson suffered from CTE, but not enough time has passed since Easterling’s
April suicide or Seau’s death last week to know if they too suffered from the disease. CTE is impossible to diagnose in the living and takes time to identify in the dead. We won’t know for another 4 to 6 weeks if Seau suffered from the condition, according to ABC 7.

What the League Didn’t Do

Clearly, football is a punishing sport, but it doesn’t have to result in long-term damage. Doctors know that CTE comes about because of repeated concussions. They recommend players refrain from full contact sports after a concussion until the player is symptom free. This can take five days or much longer, depending on the player and the injury.

Those guidelines were not in place during Seau’s career. His ex-wife mentioned that he suffered many concussions and that instead of resting, he “bounced back.” She described him as a warrior, attesting that all football players do the same thing. They accept concussions as part of the game and soldier on.

According to the Brain Injury Law Center’s own Stephen Smith, “…in regard to the loss of Junior Seau, suicide is one of the highest risk factors for every brain injury survivor. Brain injury professionals have known this for decades, and the NFL has known this since at least the early 90s, yet they have done nothing to protect or assist these athletes who are injured while playing.”

Limited Options for Injured Players

Attorney Smith recently attended the NFL Players Concussion conference. He says, “I was saddened to see these once proud athletes with severe memory loss, inability to multitask and inability to perform in an adult world. It was a typical group of brain injury survivors. What the general public does not understand is the number of concussions that these athletes have suffered in their professional careers.”

It is indeed heartbreaking to see great athletes struggling with permanent injuries that could have been prevented. Luckily, some are aware of the risks they face and can be monitored by doctors, family and friends. More than 1,500 players are involved in a class action lawsuit against the NFL, alleging that for years the league hid the link between repeated concussions and brain damage.

Seau’s family is not part of the brain injury class action lawsuit, although Easterling’s family is participating. Duerson’s family filed a wrongful death lawsuit and Seau’s family is doing the same, based on the NFL’s alleged failure to protect him. Like Duerson, Seau ending his life by shooting himself in the chest.

Contact Us

If you or a loved one suffers from traumatic brain injury, contact our offices right away. The law limits the time available for filing a claim, so it is important you act quickly. Our experienced attorneys will offer a free consultation and help you secure compensation for your injuries.

Mold in Military Housing

In Virginia, military housing communities are suffering under a system that doesn’t really seem to care if they have problems with mold. The Navy runs a joint venture with Lincoln Military Housing (LMH), a company that owns and operates homes built exclusively for military families. Rather than acknowledging the mold problem and taking greater steps to make sure families find relief, it looks like the company has focused its finances on damage control through public relations.

The name of LMH’s damage control website, “LMH Cares,” is almost laughable. “Caring” is not the first word that comes to mind when describing the way the site handles renters’ complaints about mold. The LMH site:

• Downplays the mold problem
• Positions itself outside of the laws overseeing government contractors
• Portrays military families indifferently

Let’s look at how much “LMH cares” by reviewing some of its statements about the problem on their website and how they should be handling the issue:

• LMH’s Statement: “The term ‘toxic’ mold is a creation of the media, not doctors or industrial hygienists.”

The Truth: Rather than arguing over the validity of the “toxic mold” question, LMH should acknowledge to concerns of residents and commit to resolving any potential health concerns over toxic mold.

• LMH’s Statement: “If customers are not satisfied with their homes, services, or other amenities provided by LMH, it would result in low customer satisfaction and low occupancy. Neither of these is the case.”

The Truth: The money given to military families to pay for housing is not variable. They only have so much to put towards housing and obviously will choose the most affordable option: facilities run by LMH. When families need to choose between putting food on the table and living with mold, many are stuck living with mold.

• LMH’s Statement: “LMH has investigated these claims of intimidation and lying and did not discover any proof of this type of conduct.”

The Truth: This misleading statement is surely upsetting to anyone who experienced this type of behavior from LMH employees. How can anyone prove a word of mouth conversation after the fact? Perhaps they did not uncover proof, but they must have uncovered evidence in the form of statements from residents. There are simply too many complaints for that not to be the case.

Contact Us

LMH may not care about residents, but we do. We support the people who defend our country and our freedom and are committed to the safety of America’s military and their families. If your family has become ill because of mold in the home, contact our office for a free consultation. We will help you recover damages for injuries caused by mold exposure.

Bicycle Safety Advocate Killed While Cycling

One example lies in a story reported by Lehigh Valley’s local newspaper, The Morning Call. The same day Pennsylvania’s cyclist protection law went into effect requiring drivers to allow four feet of space between their cars and cyclists, a rider was struck and miraculously escaped injury on the Fahy Bridge in Bethlehem. This fortunate near miss follows the tragic December death of outspoken cyclist activist, Patrick Ytsma who was struck by a car on the same bridge. Ytsma died four days after the accident from his injuries.

Another serious collision was reported by San Diego local news station, Channel 10. In that accident, cyclist Grant Fisher was struck while riding on his lunch break. An elderly driver crashed into Fisher’s bicycle, pinning him underneath. An active lover of the outdoors, Fisher is now paralyzed from the waist down. He may never walk again, much less spend his lunch breaks cycling. “I went from one life to another. I went from able body, going to work, riding my bicycle, to dealing with a new lifestyle,” Fisher told reporters.

Cities Step Up to Protect Cyclists

Fortunately, cities are beginning to take cyclists rights more seriously. In Chicago, the city is working on projects to install protected lanes for cyclists. According to ChicagoBikes.org, “Protected bike lanes provide bicyclists exclusive space in the roadway by separating bicyclists from motor vehicle traffic with on-street parking, flexposts, and/or raised medians.”

Cities that fail to recognize the rights of cyclists could face serious difficulties. The New York Times reports that New York City faces a class action lawsuit filed by cyclists who complain of unfair out-of-lane citations and ticketing from police. Cyclists say they are just looking to avoid cabs doors opening into their paths and vehicles cutting them off while they ride in their lanes. Riders in the case hope to bring greater awareness of cyclists’ rights, fairer treatment and fewer riding injuries.

Helmets for Children Cyclists in Need

State governments can also help cyclists help themselves by instituting bike helmet laws. Laws vary state by state for helmet requirements, and areas with mandatory helmet laws report fewer fatalities than those without. Our law firm invests in bike safety by providing a free helmet program for children called “Helmets for Kids.” Through this program, we are able to provide helmets to children whose parents cannot afford them. If you or someone you know lives in the state of Virginia and needs a helmet for a child, please fill out the form on this page.

Contact Us

If you or a cyclist you care about was injured by a motorist, contact our office. Our experienced attorneys are available to offer a free consultation to help you decide if you should pursue a claim for damages. The law limits the time allowed for such claims, so it is important you contact our office soon.

ICP Dangers

Traditionally, doctors have relied on surgery, drilling a hole in the skull to gain access to the intracranial space where they could insert a tube and place monitors that directly check the levels of pressure within the skull. Brain swelling must be avoided because when it occurs pressure increases, pressing on soft brain tissues and causing serious brain injuries. Because the procedure carries serious risks, doctors only order such monitors when there is a serious reason for concern.

The reluctance of doctors to use traditional ICP monitoring except in extreme cases leaves many head injury patients open to danger. The severity of a brain injury can easily be masked. Patients may fail to show classic signs of a serious injury. As a result, brain swelling may cause damage without doctors knowing about the problem until it is too late, especially in cases where pressure builds up slowly. MIT’s new technology may save lives by allowing doctors to monitor intracranial pressure on all head injury patients, not just those with obviously serious injuries.

How Does It Work?

MIT researchers have discovered that they can gain important insights into the pressure inside the skull by using algorithms based on computer models of how blood flows within the body. They can decipher blood flow at the middle cerebral artery (MCA), by measuring pressure waves at the wrist with ultrasound or by inserting a catheter at the wrist to measure radial arterial pressure. They can then use mathematics to determine what levels of pressure in the brain created the resulting pressure at the wrist. Or, in MIT language: “Using 35 hours of data from 37 patients with traumatic brain injury, we generated ICP estimates on 2665 nonoverlapping 60-beat data windows. Referenced against concurrently recorded invasive parenchymal ICP that varied over 100 millimeters of mercury (mmHg) across all records, our estimates achieved a mean error (bias) of 1.6 mmHg and SD of error (SDE) of 7.6 mmHg.” To put this complicated jargon more simply, MIT’s algorithm is only slightly less accurate than invasive direct ICP measurements.

At some point, researchers hope to accomplish the same results using a simple finger cuff such as those hospitals use to measure pulse and blood pressure now. Tests are planned to determine if that monitoring method would be as accurate as those tested by MIT.

Contact Us

If you or a family member suffers the devastating effects of traumatic brain injury, our attorneys are ready to help. Because the law limits the time allowed to file a claim, contact our office soon for a free case evaluation.

The San Antonio News Express recently chronicled the family’s struggle. Conrad suffered severe anoxic brain injuries after falling into a pool as a toddler. The family spent eight years trying every traditional therapy available with slow but continued improvement. Now, the Tullis family may have found hope for their wheelchair bound son in the form of a research grant.

Following Conrad’s brain injury, Liz Tullis spent many years crusading for her son, appealing to doctors who said Conrad had reached the limits of his treatment and that he would not improve further. Liz showed doctor evidence that Conrad was continuing to develop new skills, but doctors had no new information or advice to offer. She knew she needed to do more if she was to help her son continue to heal.

A Mother’s Crusade 

“I’m asking, ‘What else can we do?’” Tullis told reporters, “And they’re saying, ‘Well, keep up the good work.’ They’re not trained to tell me what else we could do. And I was like, OK, we need a researcher.”

Liz started by identifying neurologists who focused on brain research, finally coming to the conclusion that her son’s greatest hope lie in neuroplasticity, the study of how injured brains heal. After interviewing several doctors, she finally found Dr. Fox who agreed to take up Conrad’s cause.

The University of Texas’ Dr. Peter Fox recently won a grant of $100,000 on behalf of the Tullis family from the Konkosky Foundation. Dr. Fox’s work imaging techniques may help find the parts of Conrad’s brain that are damaged, allowing the family to focus therapies towards recovery.

Resting State Imaging

The technique, called “resting state imaging,” sedates patients before scanning to ensure crystal clear focus and detail. The method has proven useful for autistic children, and Dr. Fox is now expanding his research to include anoxic brain injuries.

Previous imaging techniques required patients to be alert so scans could observe the parts of the brain that functioned during certain physical movements or cognitive tasks. Doctors assumed it was necessary for patients to be awake to glean good results. Recent discoveries, however, show hope for patients that cannot lie still or follow commands. As it turns out, the brain can also show its functional areas while the patient sleeps naturally or under sedation.

The study of neuroplasticity has taken scientists from the assumption that the brain was an inflexible organ that could not heal to the understanding that it can repurpose undamaged connections for other tasks.

Conrad will be included in the initial study of 18 subjects. The grant will allow Fox to gather vital research and information with the goal of securing additional funding for larger studies. Liz and Matt are thinking beyond just their son’s injuries, however. They hope the scans may help develop new therapies for other children with similar injuries.

Get Help

If you or a loved one suffers from serious brain injuries at the fault of another, contact our office. Because the law limits the time available to file a claim for damages, you should act quickly. Our experienced attorneys are waiting to consult with you free of charge.

What do you do if you find out that a medical device implanted in your body is later considered a defective product? Is there someone that you need to talk to before you go back to your doctor? Knowing the proper methods of moving forward to take care of your recalled product is important in order to make sure the problem is properly handled.

How do you know your device is defective?

Most people learn they have a defective medical device from a notice received in the mail froma device manufacturer. Many will never suffer any adverse consequences. Others may experience medical problems because of the defective device and suffer from the complications that prompted the recall in the first place. Recall notices can come through media channels as well, based on information released by the FDA, but few people pay close attention to such reports. Finally, they may learn about recalls through personal injury attorneys handling class action cases, who must make a reasonable effort to locate any patients who might have a stake in the suit.

Not Another Surgery!

The Food and Drug Administration (FDA) is careful to point out that, “A medical device recall does not always mean that you must stop using the product or return it to the company. A recall sometimes means that the medical device needs to be checked, adjusted, or fixed.” When it comes to medical devices within the body, however, even an adjustment may mean surgery, the risk of death, additional medical costs and considerable pain for the patient.

Where to Turn?

Beware of medical device manufacturers that attempt to interview or contact you directly regarding a defective device. Some medical device manufacturers have attempted to interview recipients of failing implants without their attorneys present.

Patients, unaware of their rights and the risks of talking to a medical device manufacturer, have compromised their ability to secure a settlement that could have paid for revision surgeries and the pain and suffering these added surgeries cause.

Any patient affected by a medical device recall or failure should talk to his or her doctor about the cause of the failure and the steps needed to correct the problem. If the doctor presents any paperwork necessary for rectifying the problem, do not sign any authorizations for medical information until you have a chance to also consult an attorney. A qualified personal injury attorney knows how to handle defective medical device cases and can help you make smart decisions. Only after conferring with each of these professionals should you decide how to proceed.

Contact Us

Our experienced staff of attorneys can review your case to help you decide if you should pursue a claim for injuries. Because the law limits the time allowed to file a claim, you should contact us quickly for a free consultation and evaluation of your case.

Over-the-counter (OTC) drugs let us easily access medicines that are safe to use without a doctor having to prescribe them. According to the FDA, more than 100,000 OTC drugs are available to consumers, made up of some combination of approximately 800 specific medications. Not only must shoppers take care to use these medicines as directed, they must also be vigilant about watching for recalls.

Safe Use of OTC Medicines is Vital

Overdosing on OTC medications is common. Many consumers fail to carefully read labels when administering medication to themselves or their children. They may also fail to realize that a second medicine, designed for different symptoms, may contain the same active ingredient. Taking two medicines with the same ingredient can easily lead to overdose, illness and sometimes death.

Taking care to read labels is a protective step within each consumer’s control, but what happens when medications are defective?

How can consumers know about recalls?

The first step is to understand the different levels of recall. According to the Cleveland Clinic Department of Pharmacology, recalls may affect products on three levels:

• Wholesale level: Distribution chains between manufacturers and retailers
• Retail level: Wholesale level plus hospitals, pharmacies and grocers
• Consumer level: All distribution chains including consumers

Recalls can also fall in different categories, based on the danger presented to consumers:

• Class I Recalls: A reasonable probability exists that using or being exposed to a product will cause serious adverse health problems, or even death
• Class II Recalls:  Using or being exposed to a product could cause temporary illness or medical problems, with only a remote chance of serious health consequences
• Class III Recalls: Little chance exists that product will cause health problems

Stay Informed about Recalls!

With the various recall types, ranging from potentially deadly to benign, it becomes easy for consumers to ignore recall messages, especially when most involve minor problems that would not cause harm. At the same time, it is important to know when serious recalls occur. Consumers can keep track of recalls easily by installing a simple app on their mobile phones from the FDA. The Product Recalls App lets users scroll through recent recalls and look up specific products that may be of concern. Consumers can easily find out the reason for recall and level of danger presented. With easy to use apps like this, checking on recalls becomes fast and easy.

If you experience an adverse health event from an OTC drug, you should report the incident to the FDA’s MedWatch program immediately, to ensure the problem is investigated. If you experience serious medical consequences, you may be entitled to compensation for your injuries.

Contact Us

If you or someone you care about suffered harm from a dangerous drug, contact our offices for a free case evaluation. Because the law limits the time allowed for filing a claim, you should contact us as soon as possible.

Texting or Calling While Driving is Dangerous

An announcement from the NTSB indicates that the possibility of an accident greatly increases when a driver is distracted by phone calls and text messages. The report cites a recent report from the Virginia Tech Transportation Institute showing that commercial drivers are 163 times more likely to meet serious risks on the road if they are texting or making calls. Risky behaviors include:

• Failing to see oncoming traffic or vehicles attempting to pass
• Overlooking hazards such as pedestrians, obstructions and slippery or rough portions of the road
• Lacking the time and presence of mind to react to sudden changes on the road
• Missing signs of mechanical trouble that are otherwise clear

Death and Injury on the Road Linked to Texting and Calling

A 2008 report from the National Highway Traffic Safety Administration (NHTSA) revealed that 5,800 people were killed and 515,000 were injured in highway crashes directly caused by distracted driving. In 2010, around 3,000 highway fatalities were linked to the use of portable electronic devices alone. Authorities from all major traffic and transport agencies in the country agree that these numbers are unacceptable.

How Will the Ban Work?

So far, the NTSB has faced difficulty implementing a total ban on cell phone use among truckers and bus service drivers across the country. In fact, CNN reports that since 2000, when federal governments started imposing rules against using personal electronic devices while driving, only Alaska was willing to implement a complete ban. This change will give more weight to NTSB desires. Now, commercial drivers can only use cell phone in emergencies where the driver needs to contact law enforcement, fire departments or emergency medical services.

Most trucks and taxis are still equipped with permanently installed CB radios, which are less distracting and have long been accepted as a practical means of communication while driving. The ban means that drivers must set aside the added communications offered by cellular devices and go back to short, business-related communications that travel along CB radio waves.

Contact Us

As the NHTSA states in one road safety campaign, “No text, no calls, no updates are worth a life.” If you or someone you love was injured or killed because of a careless driver on a cell phone, contact our office for a free consultation. It is important you act quickly because the law limits the time allowed for placing a claim.

Who are Elder Abusers?

More often than not, elder abusers are the people who take care of them. They may be nursing homes employees or family members who care for the elderly at home. In nursing homes, inexperienced part-time workers may think nothing of cutting corners at work. What seems like a small oversight to a worker can be a major upset for the elderly patient. Fresh sheets, baths and just a friendly visit for those who are bedridden are vital to the physical emotional health of elderly patients.

In addition, families cannot assume their loved ones are safe simply because another family member looks after their needs. The stress of caring for a patient for long hours with few or no breaks can make anyone snap, especially if the caregiver has no formal training. Too many times, a family member tries too hard to keep the elderly patient at home and out of a nursing home, leading to excessive stress, anxiety and eventual abuse. In such situations, the tragedy is on both sides, with the elder suffering the pain of the abuse and the abuser suffering the guilt of hurting someone he or she loves deeply.

Elder Abusers Convicted

In 2008, a well-publicized case illustrated with shocking horror how severe elderly abuse can be. According to local newspaper, the Albert Lea Tribune, Freeborn County District Judge Steven Schwab sentenced two convicted abusers, Ashton Larson and Brianna Broitzman to 180-day jail sentences. Both were convicted for allegedly spitting on the mouths of the elderly, touching their genitals and poking their breasts. Worse, Larson and Broitzman were released after serving only 42 days of their sentences. Four young women were also charged in the case, but because they are minors, their cases were handled in juvenile court.

Three Ways to Spot Elder Abuse

According to the National Center on Elder Abuse, injuries may not be easy to identify, especially if there is no physical abuse. Families must be vigilant to protect their loved ones, and the following can help identify abuse:

• Family members watch for behavioral changes in the elderly and take them seriously, not assuming the changes are due to natural aging or dementia.
• Bruises should not be written off as natural bumps and scraps.
• Question all injuries and behavioral changes, and get help if something seems amiss.

Contact Us

If you suspect elder abuse, alert the authorities immediately and then contact our office. The law imposes time limits for placing claims that can help pay for injuries and the ongoing care your elder loved one needs.