Washington Injury Attorney Blog

The months between October and December can be especially hazardous to drivers because motor vehicle and deer collisions are higher during these months because of deer migration and mating. November is the worst month with the most claims reports the Insurance Institute for Highway Safety. While Washington is not in the top 10 states with the highest motor vehicle accident rate involving deer, it is still a common problem especially as drivers cross the mountain passes and drive in rural areas.

According to the Insurance Information Institute (I.I.I.), every year 1.5 million vehicles collide with deer and cause 1.1 billion dollars in damages and resulting in approximately 150 deaths and 10,000 injuries. On average, a deer-vehicle collision costs $2,800 per insurance claim. If there is an injury, the claims average $10,000. In the past 15 years, the incidence of auto-deer collisions has doubled.

Motorcyclists are most at risk when colliding with deer. In only about 2% of car-deer collisions there is a fatality. However, 85% of motorcycle-deer collisions result in a fatality to the human.

Does Insurance Cover Deer Collision?

A lot of people don't know this but most comprehensive automobile insurance polices cover automobile-deer collisions. Here's what you need to know about insurance policies and deer collisions:

• Make sure you have comprehensive coverage
• Most policies cover a rental car
• Many policies provide "gap" coverage if your car is totaled
• Report your damage as soon as possible
• Know what your deductible is, usually they range between $100 and $300
• Use a reputable company to repair your car.

Tips to Avoid Deer Collisions:

• The highest risk time for a auto-deer collision is between sunset and midnight and the hours before sunrise; be especially attentive while driving at these times.
• Pay attention to deer crossing signs and in areas where there are a lot of deer.
• Use your high beams as much as possible while driving at night; do not "over drive" your head lights.
• Slow down and blow your horn if you see a deer to frighten it.
• If you see a deer in your path, brake firmly but stay in your lane. The most severe injuries to drivers occur when the driver attempts to avoid the deer. Some people veer into the path of an oncoming car or lose control of their car when they attempt to avoid hitting the deer.
• Wear your seat belt. Most people injured in a car-deer collision were not wearing theirs.
• If you hit a deer, do not touch it. A wounded deer may harm you or further injure itself. Pull off the road, turn on your flashing lights and call police.

(Adapted from The Insurance Information Institute -- Avoiding Deer/Car Collisions.

You might want to read Defenders of Wildlife - Driver Tip Sheet.

This information was brought to you by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured and the families of those killed in automobile accidents. With our help, you may be able to recover compensation for your damages.

Contact The Farber Law Group today for a free case consultation.

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Posted In: Auto Safety , Car Accidents , Motor Vehicle Accidents

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A study published in the Proceedings of the National Academy of Sciences (PNAS) entitled
Multivalent bacterial inhibitor protects against toxins says that a new inhibitor called (s)-PolyBAIT, shows promise in protecting people against the effects of the Shiga toxin which is the form of E-coli which causes hemolytic-uremic syndrome (HUS).

HUS is a potentially fatal condition which is a result of the Escherichia coli O157:H7 form of the E-coli bacterium. HUS can cause permanent kidney damage and life-long health problems and death. Transmission is often foodborne in undercooked meats, unpasteurized dairy products and juices, and contaminated raw vegetable products including lettuce, sprouts and spinach.

Used with traditional antibiotics, the new inhibitor may be very effective in fighting the most severe of E-coli infections.

We are seeing many new advances in the fight against the E-coli bacteria. This is good news as more than 5,000 people die each year from foodborne illness and many more become seriously ill. The elderly, pregnant women, people with compromised immune systems and small children are especially susceptible to the ravages of foodborne illness.

The Farber Law Group has more than 30 years experience in investigating and reviewing claims for serious injuries and illness sustained as a result of food poisoning which could have been prevented.  If you, a friend or family member have been diagnosed with hemolytic-uremic syndrome (HUS), kidney damage or other serious injury as a result of E-coli food contamination, contact us for a free case evaluation.

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Posted In: Foodborne Illness

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The Seattle Times reports that Kelly Johnson, 41 of Powers, Oregon is charged with manslaughter in the death of Cody Armstrong, 20. Armstrong and Johnson were both hunting in the Siskiyou National Forest near Powers where both men lived. Johnson claims he was aiming at a deer, but instead he shot Armstrong in the head. The two men were hunting together, along with a third man.

According to one report, Johnson shot at a sound that he thought was a deer.

This information was brought to you by Washington Injury Attorney blog, a service of The Farber Law Group. The Farber Law Group has more than 30 years representing families of victims of "wrongful death." "Wrongful Death" is the death of a person called by the negligence or wrongful act of another.

With the help of The Farber Law Group, a Washington firm experienced and knowledgeable in handling wrongful death cases, you may be able to recover damages in a wrongful death lawsuit. Please contact The Farber Law Group to discuss your case.

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Posted In: Wrongful Death

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The Consumer Product Safety Commission issued a warning that Carter's tag-less baby clothes may have caused 400 babies to develop a rash on their backs. The clothes in the 2007 line, were made in foreign countries and have a heat-transferred "tag-less" label. It appears that some babies have had an allergic reaction to one or more ingredients in the ink.

For more information about the "tag-less" labels, see the Carter's web-site: http://www.carters.com/Corporate/tagless_message.aspx

The allergic reaction seems to be of the "contact dermatitis" variety and clears up after a few days of not wearing the garment.

This information was brought to you by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured due to dangerous products and foodborne disease.

Contact The Farber law Group for a free case evaluation.

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Gary D. Sivey, 24, a Central Washington University (CWU) student and a former East Wenatchee resident, died on Thursday in a construction accident. Sivey died after falling 35 feet through a skylight on the roof of Kelleher Motor Company in Ellensburg around 2:30 pm.

Sivey received CPR but died at Kittitas Valley Community Hospital from "massive multi-system trauma."

Sivey was working for wireless Internet provider, Cascade 1 Incorporated. It is not known how the accident occurred and whether he stepped on the skylight or fell through it from a tower above.

Sivey was a junior at CWU majoring, studying construction management. His wife, Alisha Forster Sivey, is also a student at the University.

The Department of Labor and Industry out of Moses Lake is investigating the accident.

This information was brought to you by Washington Injury Attorney blog, a service of The Farber law Group. Construction accidents attorneys located in Bellevue, Washington, we represent people who have been seriously injured and the families of those killed in Construction Accidents.

Contact us today for a free and confidential case evaluation.

See also our Construction Accident Resources.

This information was compiled from the Ellensburg Daily Record

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Posted In: Construction Accident , Wrongful Death

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Are hidden cameras installed in nursing homes the solution to ending nursing home abuse? The New York State Attorney General, Andrew Cuomo, thinks so and he is increasing the number of hidden cameras in nursing home facilities in Western New York. The cameras first came to the forefront back in 2006 when Eliliot Spitzer announced that hidden cameras led to the arrest of 19 nursing home employees and uncovered cases of serious abuse.

Already in Rochester, Cuomo is using tape from hidden cameras to prosecute nursing home staff for abuse and neglect as part of a crack-down on nursing home abuse. Cuomo says, "Assume there's a camera in the room… You shouldn't be doing anything in the room that you don't want to be on the camera anyway."

Some people are scornful of cameras calling them, "granny cams."

Those in favor of the cameras say they are not installed without a family's permission and that they help protect some of our most vulnerable citizens and reduce elder abuse.

Caught on camera:

• A CNA bumped a patient's head on a railing because she was talking on a cell phone when she moved him.
• A CNA changed a patient only once in 8 hours despite orders to do so every 2 hours.
• A LPN did not check a patient's vital sign before administering medication. Failure to administer medication.

About a dozen state legislatures are considering legislation which would allow cameras in nursing home. Already, New Mexico and Texas along with New York are allowing the cameras.

This information was brought to you by Washington Injury Attorney, a service of The Farber Law Group. If one of your loved ones has been seriously injured or died as a result of nursing home staff negligence or abuse, contact The Farber Law Group, a law firm with more than 30 years experience in nursing home abuse and neglect.

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Posted In: Nursing Home Neglect

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The Everett Clinic in Snohomish County, Washington, has discovered a cluster of E-coli cases with 14 of their patients testing positive for the bacteria. Snohomish County health department officials are trying to determine the cause of the infection according to The Seattle Post Intelligencer.

Of the 14 infected patients, only 1 was hospitalized. The patients are from 9 to 75 years of age.

A cluster of 14 cases is rare as Snohomish County usually experiences only 16-20 infections in an entire year.

Children and the elderly are the most vulnerable to becoming seriously ill from the disease. In extreme cases, patients can have severe consequences including kidney failure.

This information was brought to you by Washington Injury Attorney, a service of The Farber Law Group. We represent people who have become seriously ill due to foodborne illness. We successfully recovered a settlement for a boy who became seriously ill after eating at a fast food restaurant.

Contact The Farber Law Group to discuss your case.

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Posted In: Foodborne Illness

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At least six people have become sickened by the E-coli virus in Snohomish County. Health District officials are investigating the cause but say that at least six cases have been confirmed.

Doctors have been alerted about a possible cluster of E-coli cases. If a doctor suspects Enterohemorrhagic E-coli, including E-coli O157:H7 infection, the physician is asked to notify the Health Department immediately.

Transmission of E-coli can include undercooked meat, unpasteurized diary products, pizza, salamis and other cured meats, contaminated raw vegetable products and restaurants.

Symptoms include dehydration, diarrhea and bloody stool, fatigue, fever, headache, nausea, vomiting and severe abdominal pain.

This information was brought to you by Washington Injury Attorney, a service of The Farber Law Group. If you or a loved one has become seriously ill because of a food product that was mishandled by a restaurant or food supplier, you may be able to receive compensation for your medical costs and for pain and suffering.

Contact The Farber Law Group today for a free case evaluation.

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Posted In: Foodborne Illness

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A Lake Oswego 5th grader died of his injuries after he was hit in the neck by a football during a flag football game. The accident occurred at Palisades Elementary school during lunch recess.

According to a report in the Portland Tribune, the boy was blocking a punt when he was hit in the throat by a football. The Lake Oswego Fire Department responded to a 9-1-1 call and he was transported to Meridian Park Hospital in Tulatin by private ambulance. He died there with his mother at his side.

Our sincere condolences to the family.

This information was brought to you by Washington Injury Attorney, a service of The Farber law Group. Our personal injury firm has more than 30 years experience in representing people in Western Washington including Bellevue, Renton, Redmond, Seattle, Auburn, Kent and Everett.

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Posted In: Serious Personal Injuries , Wrongful Death

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A 19 year old Washington State University (WSU) male student is in Pullman Regional Hospital with unknown injuries after he fell from a three story roof at the Phi Kappa Tau fraternity house early Sunday morning.

We reported a couple of weeks ago about a female student who suffered head injuries after she fell two stories from a fire escape at the Theta Xi Fraternity house at WSU.

There have been three serious falls at University of Washington (UW) fraternity houses this year: In May, a 20-year-old student was hospitalized after falling from the roof of the Phi Kappa Psi fraternity. In June, Kevin MacDonald a 21-year-old junior died after falling from a third-floor window at the Alpha Sigma Phi fraternity. In July, a fraternity member broke his back in a fall at the Theta Chi fraternity house.

One wonders if the Universities and the Fraternities are working together to prevent these tragic accidents from occurring.

This information was brought to you by Washington Injury Attorney, a service of The Farber Law Group. We represent people who have been seriously injured in slip, trip and fall accidents due to the negligence of another person.

Contact The Farber Law Group today for a free and confidential case evaluation.

See a chronology of fall accidents at the University of Washington.

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Posted In: Serious Personal Injuries , Slip, Trip and Fall

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The State of Washington and the firm that oversaw the construction where a construction crane collapsed in 2006 in Bellevue, killing a Microsoft attorney and damaging several buildings, reached a settlement. The settlement imposes a $9,200 penalty on Lease Crutcher Lewis for failing to insure that the crane was inspected and maintained properly.

The state determined that an engineering design flaw caused the tower crane in the November 2006 crane accident that killed Matthew Ammon, 31. It was determined that the foundation of the crane was not built to manufacturer's specifications.

A civil suit for wrongful death in Ammon's death has also been filed but that suit will not go to trial until early 2009.

This information was brought to you by Washington Injury Attorney, a service of The Farber Law Group. We are a Bellevue, Washington personal injury attorney firm with a specialty in wrongful death and construction accidents. If you have lost a loved one due to a product defect or because of someones negligence, you may be able to recover damages under wrongful death statues.

Contact The Farber Law Group today for a free and confidential case evaluation.

Information for this report was collated from KOMONews.com and The Seattle Times.

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Posted In: Construction Accident , Wrongful Death

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The Seattle Times had an excellent article by reporter Christine Clarridge today about the devastation that dog bites can cause their victims. This is especially poignant after the severe mauling of Huong Le of Sea-Tac in September. Le, who is an extremely petite, 71-year-old woman, was viciously mauled by two out-of-control pit bull dogs. Now, five weeks later, Le is in constant pain, she may never regain the use of one arm and the bite marks on her legs are still extremely painful. Surgeons had to reattach her ears after they were torn off.

Clarridge's article also profiles Ona Deane-Gordly who is still suffering severe pain more than a year after she was attacked by a dog that bit her more than 70 times. In that attack, her skin and muscles were pulled off her bones, and her scalp peeled from her skull. She has permanent nerve damage.

This article shines the spotlight on the devastation an attack from a dog can cause. With 1,000 dog bites a year in Seattle and King County, this is a big problem. Some call for the banning of particular breeds of dogs like pit bulls. Others caution against this calling it a knee-jerk reaction and pointing out that most dog bites are from family pets.

Dog bite injuries include:

• Disfigurement, often of the face
  
• Permanent nerve damage
  
• Psychological damage including post-traumatic stress syndrome
  
• Severe pain
  
• Multiple surgeries -- most victims have to have from between 2-5 surgeries according to Henri Gaboriau, a Sammamish plastic surgeon

Some dog bite statistics:

• Nearly 2% of the U.S. population suffers a dog bite injury annually
• U.S. Postal carriers suffered 3,423 dog attacks in 2003 alone
• Dog bites surpasses playground accidents in the number of injuries to children
• Male dogs bite more frequently than female dogs
• Dogs that are not spayed or neutered are more than three times more likely to bite
• Dog bite injuries account for more than $300 million in medical cost
• There were 26 dog bite fatalities in the United States in 2006

Dog bite statistics from DogExpert.com

If you or a loved one has suffered a serious dog bite injury, you should contact a personal injury attorney who has experience representing dog bite victims. At The Farber Law Group, a Bellevue, Washington based personal injury firm, we have more than 30 years experience in representing dog bite victims. With our help, you may recover compensation for your medical costs, rehabilitation costs and for pain and suffering.

Contact The Farber Law Group today for a free case evaluation.

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Posted In: Dog Bite Injuries , Serious Personal Injuries , Wrongful Death

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In the past few years, hunters have been increasingly using tree stands for hunting. From a tree-stand perch, a hunter is out of the deer's field-of-vision and also out of their range for scent detection allowing hunters to have an excellent vantage point for hunting. Many tree stands are mounted 10 to 30 feet or more above the ground level. As the use of tree stands have become more commonplace, there have been many serious injuries including internal injuries, spinal cord injury, brain injury, paralysis and death among hunters who have had falling accidents involving tree stands.

North Carolina had four serious hunting accidents in two weeks of September including two fatalities. Investigators found that hunters that fell were not using a fall-restraint system.

Hunters fall for many reasons and lack of proper safety precautions and equipment is one of them. The Consumer Product Safety Commission, in conjunction with the Treestand Manufacturers Association, found that 82% of all hunters suffering from a fall injury were not wearing a safety device.

Recommended safety precautions include

• Test your tree stand regardless of whether it is homemade or manufactured.
  
• Hunt with a partner or group and rendezvous at designated times.
  
• Do not drink while hunting.
  
• Maintain three points of contact when climbing up and down a tree stand ladder as with any ladder.
  
• Use a haul line to carry your equipment up into the tree stand; keep your hands free for climbing. 75% of all tree stand falls are while climbing up or down the tree.
  
• Check to make sure safety equipment is in good repair.
  
• Make sure you install your tree stand in a healthy tree, not one that is decayed, leaning or without rough bark.
  
• Wear a full body harness.

For more information see the Washington Department of Fish and Wildlife's website, Use of Elevated Stands & Other Techniques Tree Stand Safety. Visit the Treestand Manufacturers Association site for an Online Treestand Safety Course.

This information has been brought to you by Washington Injury Attorney, a service of The Farber Law Group. We represent people who have been seriously injured because of slip, trip and fall accidents through no fault of their own. Sometimes a manufacturing defect or someone else's negligence causes an accident. In this, you need to contact a personal injury attorney who can help you recover compensation for your damages.

Contact The Farber Law Group today for a free case evaluation.

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Posted In: Brain Injury , Dangerous Products , Serious Personal Injuries , Slip, Trip and Fall , Spinal Cord Injury

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A jury ruled in favor of the parents of a severely disabled Maple Valley Girl, Miriam Tavares, who was born at Evergreen Medical Center in Kirkland, Washington five years ago . In awarding the Tavares family $4.2 for the care of Miriam Tavares, the jury found Evergreen Hospital negligent and that the hospital's malpractice is the cause of Miriam's severe birth injuries. Miriam has cerebral palsy, is unable to walk, talk or eat, is disfigured, has low vision and suffered brain damage because of lack of oxygen during birth. Doctors also predict a shortened life expectancy.

Sharla Tavares, Miriam's mother, had a high risk pregnancy due to placental abruption. When she went into labor and arrived at Evergreen, the nurses on duty failed to inform the Obstetrician that they had a high risk patient. The doctor left the hospital for a break and that is when Miriam went into distress and her heart rate dropped. According to the suit, nurses waited 20 minutes before calling the doctor and asking her to return to the hospital and even then, they did not express to the doctor the severity of Tavares' condition.

When the physician did return, she was surprised to find that Tavares was not prepped and ready for an emergency c-section. There was no time for Tavares to be wheeled into the operating room so the doctor performed an emergency C-section in four minutes but Miriam was born without a heartbeat and limp.

Evergreen's defense was that the baby suffered the damage before she arrived at the hospital.

Miriam's parents, Sharla and Erik, issued a statement through their attorneys saying, "We are grateful that we are seeing accountability. Hopefully Miriam's medical needs will be met, and she will continue to progress and live a full life."

Information for this post came from The Seattle Post Intelligencer as reported by Vanessa Ho.

Of all types of malpractice cases, obstetrics and birth injury malpractice cases are often the most noteworthy because they often result in severe injuries that last a lifetime like in this case.

When a fetus lacks oxygen during the birth process, cerebral palsy is often the result. Failure to monitor the mother during labor and failure to intervene and promptly perform a c-section when the child is in distress is clearly negligence.

While no amount of financial compensation can ameliorate the pain and suffering of a child that has been severely injured because of negligence at birth, it can provide the financial resources for families who have enormous medical and educational expenses due to their child's disability.

The Farber Law Group is a law firm with more than 30 years experience in representing victims of medical malpractice.

If your child was injured due to a birth injury that resulted from medical malpractice, call today for a free case consultation.

See our Birth Injury Resources.

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Posted In: Medical Malpractice

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Ronald Maurice Roberts, 51, has been charged with rape and sexual assault charges that allegedly occurred at Western State Hospital, a mental health facility, in Lakewood, Washington.

The Tacoma News Tribune reports that charges against Roberts, who posted $50,000 bail, involved two patients and a former co-worker. Charges against Roberts include "two counts of indecent liberties and one count each of voyeurism, second-degree rape and fourth-degree assault with sexual motivation" according to the report.

Roberts had been accused by two women previously but those charges did not result in any criminal charges or discipline at the Lakewood psychiatric facility. However, when a developmentally delayed teenage girl came forth with a complaint in July, the previous charges were looked into as well and the Pierce Country prosecutors filed charges on all three complaints.

One wonders why the first two complaints were not taken seriously enough to file charges. Was Western negligent in allowing Roberts to continue working with patients when the first allegations were made? Roberts was supposed to be under the supervision of nurses in caring for patients and his job title was described as "mental health technician."

Did Western State provide due diligence in protecting patients from Roberts? We hope that this case is thoroughly investigated and if procedural changes at Western need to be made, they should be implemented quickly.

In our Medical Malpractice and Nursing Home Abuse and Neglect personal injury practice, we have seen cases where caregivers abuse some of our most vulnerable citizens, the elderly and the mentally ill. Abuse can be sexual including inappropriate touching, fondling or rape or physical which could include hitting or kicking. We have also seen cases of undue influence where elderly patients or mentally incompetent ones have been coerced to sign documents, give away personal belonging or sign their pension or disability checks away.

If something like this has happened to your loved one, you should contact a personal injury attorney to insure their rights are protected. At The Farber Law Group, we have more than 30 years experience in representing victims of hospital and medical malpractice and nursing home abuse and neglect.

Contact The Farber Law Group for a free and confidential case evaluation.

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Posted In: Medical Malpractice , Nursing Home Neglect

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