April Was a Disastrous Month for Workplace Safety

Labels: Coast Guard Gulf of Mexico Mining Rig semi submersible drilling rig Transocean West Virginia workplace injuries

New FMCSA Rule Will Minimize Role of Driver Fatigue in Truck Accidents

Labels: 18 Wheeler 18-wheeler Accident Driver driver error driver fatigue Driver Negligence Federal Motor Carrier Safety Administration FMCSA Texas Tractor Trailer Truck Truck Accident Trucking Trucking Accident

Texas Supreme Court dismisses lawsuit vs. Waco in Cameron Park death

The Supreme Court of Texas ruled Friday that the city of Waco cannot be sued in the 2004 death of a McLennan Community College baseball player who fell to his death from a Cameron Park cliff.  The decision reverses a January 2008 ruling by Waco's 10th Court of Appeals that said Debra Kirwan, mother of Brad McGehee, could sue the city for wrongful death.

Kirwan, of Belton, filed the lawsuit in 2005 after her 20-year-old son, an all-state shortstop and a sophomore, fell about 60 feet to his death while watching boat races from the edge of Circle Point Cliff in Cameron Park.

The Supreme Court held that under the recreational use statute, the city, which erected barricades and put up warning signs near the sheer park cliffs, had no duty to warn or protect visitors from "a naturally occurring condition."  The Court ruled that while the crumbling of a large section of the cliff was not necessarily foreseeable, "the general risk of a cliff's edge is." The court noted that loose rocks and cracks in the cliff would have been visible to park patrons.

The ruling will most likely affect a lawsuit pending in Waco's 74th State District Court that was filed against the city by the parents of Baylor University student Brandon Palady who also fell to his death from Circle Point in February 2006.

If you or someone you know has been injured or killed due to the negligence of another party, please contact the attorneys of Schechter, McElwee, Shaffer & Harris, LLP for a free evaluation of your case at (800) 282-2122.

Labels: Supreme Court Texas Waco Wrongful Death

Swine Flu Lawsuit Planned Over First Death

The family of the first victim to die of the swine flu in New York City has filed notice of intent to file a wrongful death lawsuit against the city for failing to promptly report the outbreak and warn of exposure.

Notice was filed by the family of a 55-year-old victim of the H1N1 flu virus, more commonly known as the swine flu. He was not only the first death, but also the first reported serious case of swine flu in the city.

The swine flu lawsuit is expected to allege that the city failed to put adequate controls in place to prevent a widespread outbreak and failed to inform the deceased that he was in contact with subjects who had already been diagnosed with the H1N1 flu. The family also intends to allege that the city failed to spread adequate information about health conditions that would contribute to risks of the virus and failed to provide a safe working environment for school employees.

The swine flu lawsuit is the first wrongful death claim presented against the city as a result of the outbreak, but it is not the first swine flu illness lawsuit the city has faced. According to the New York Times, an inmate at Riker’s Island prison, filed notice of a claim in June citing mental anxiety caused by the flu outbreak.

The notice of wrongful death lawsuit was filed by the deceased's wife and three sons, seeking $40 million in compensation.

If you or someone you know has been adversely affected by the H1N1 virus/"swine flu," please contact SMSH Partner Jonathan Harris for a free evaluation of your case.  Mr. Harris has recovered millions of dollars for injured clients and their families.  You can call us toll-free at (800) 282-2122 or click here to contact us now.

Labels: CDC Centers for Disease Control Death exposure fatalities fatality flu H1N1 New York Safety swine flu workplace injuries Wrongful Death

More Americans die each month of preventable medical injuries than died in terrorist attacks of 9/11

Texas law requiring adverse reporting of medical errors no longer exists.  No public reports are issued concerning hospital mistakes.  Patients in Texas have no real idea what hospitals are safe, what issues hospitals have had.  How can a patient make an informed decision about their own healthcare when accurate public information is not available?

There is a direct link between Texas caps on medical malpractice damage awards and an injured patient’s inability to bring a medical malpractice claim.  While the cap reduced the number of cases filed, it in no way affected the amount of medical negligence.  SMSH attorneys and others now accept far fewer malpractice cases even though the call volume has stayed the same.  So now, malpractice incidents are neither reported publicly nor come into the public eye through litigation. 

As the Houston Chronicle reports, "in Texas, there is no conclusive evidence of which doctors and hospitals are committing errors, or what kinds of errors are being made."  The article also notes "After the $250,000 cap was imposed, the number of complaints against Texas doctors to the Medical Board rose from 2,942 to 6,000 in one year. More than half of those complaints were about the quality of medical care."

If you or someone you know has been injured or killed due to the result of medical negligence, please contact SMSH Partner Matthew D. Shaffer for a free evaluation of your case.  Mr. Shaffer has handled many medical malpractice cases for Plaintiffs.  He also comes from a background of defense work, with significant knowledge of defense strategy that he uses to get the best result possible for injured patients and their families.  You can also e-mail Mr. Shaffer at mshaffer@smslegal.com for immediate attention.

Labels: Death Injury Medical Malpractice Medical Negligence Negligence Negligent Personal Injury Safety Texas Wrongful Death

First Potential Lupus-Specific Treatment in Sight!

Today, Human Genome Sciences (HGS) and GlaxoSmithKline (GSK) announced positive results from a year-long clinical trial of BENLYSTA for treating lupus. When the 52-week study concluded, the lupus patients who were treated with BENLYSTA had improvement. The patients receiving BENLYSTA also were able to reduce their intake of steroid medications. The study is the largest ever for lupus.

With no new drugs for more than 50 years, The Lupus Foundation of America is greatly encouraged by the results.  An estimated 1.5 million Americans and more than 5 million people worldwide live with lupus.

Should the FDA ultimately approve BENLYSTA, it would become the first drug successfully developed to treat lupus since the disease was discovered more than a century ago.  Assuming positive results in November from second Phase 3 trial of BENLYSTA, companies plan to submit marketing applications in the U.S., Europe and other regions in the first half of 2010.

Fore more information on BENLYSTA click HERE.

If you or someone you know has been denied long-term disability benefits for their claim for Lupus, please contact Stacey Burke of SMSH at (800) 282-2122.  Stacey is currently reprepsenting clients with denied claims for Lupus and other auto-immune diseases.

Labels: Auto-Immune Disease benefit Benlysta Chronic Illness disability disability benefit disability insurance disabled Long Term Disability LTD Lupus Short Term Disability social security disability social security disability insurance SSA ssd ssdi STD

Protecting Your Job While Coping With a Chronic Illness

Chronically ill employees face job uncertainty.  Legal protection available to chronically ill workers can seem unclear. To protect themselves, workers have to try and understand their employers' policies, which consist of lengthy contracts packed full of legalese.  Often the policies include short- and long-term disability plans, with definitions and stipulations that can make most people's heads spin.

Lesley Alderman's New York Times article recommends the following steps for chronically ill employees:
1.  Inform your employer of your condition
2.  Ask for adjustments
3.  Know your employer's time-off policies
4.  Explore alternatives within your job

If you or someone you know needs assistance with a long-term disability claim, please contact Stacey Burke or Dennis McElwee at SMSH toll-free at (800) 282-2122.  We handle LTD denial cases nationwide.  Also follow us on Twitter @Lawyer4ERISA.

Labels: benefit CFS Chronic Fatigue Syndrome Chronic Illness chronic pain disability disability benefit disability insurance disabled ERISA Fibromyalgia Long Term Disability LTD Short Term Disability social security disability social security disability insurance SSA ssd ssdi STD Twitter

BREAKING NEWS: Chronic Fatigue Syndrome Cause, Mechanism & Diagnostic Test Discovered, Researchers Say

This could be the biggest news ever concerning chronic fatigue syndrome.  Prominent researcher Kenny de Meirleir announced that he and his Belgian research team have uncovered a major cause and a major underlying mechanism of the condition.  What's more, he says they've also developed a simple and inexpensive home test kit.

The Cause & Mechanism

According to Dr. de Meirleir, a major cause is a high level of hydrogen sulphate (H2S). H2S can build up after antibiotic use, salmonella infection, or too much mercury exposure.

The Test

Dr. de Meirleir says the diagnostic test accurately shows whether you have high levels of hydrogen sulphate in your urine. It's a simple color-change test, similar to what's commonly used in home pregnancy tests. It will soon be available from Dr. de Meirleir's company Protea Biopharma.

View slides used in Dr. de Meirleir's press conference HERE.

The attorneys of SMSH currently represent numerous clients with Chronic Fatigue and related syndromes against insurance companies who have wrongfully denied disability benefits.  For more information please contact Stacey Burke at (800) 282-2122.

Labels: benefit CFS Chronic Fatigue Syndrome chronic pain disability disability benefit disability insurance disabled ERISA insurance Kenny de Meirleir Long Term Disability LTD Protea Biopharma Short Term Disability social security disability social security disability insurance SSA ssd ssdi STD

Two Hydroxycut Class Actions Filed

Hydroxycut was voluntarily recalled on May 1 after the Food and Drug Administration (FDA) identified numerous health risks posed by the drug. The Administration received 23 complaints of liver damage resulting from use of the product, ranging from jaundice to the need for a transplant.

The drug poses other serious risks, including heart failure, seizures, and rhabdomyolysis, a muscle condition where muscle fibers break down to the point that they are released into the bloodstream. In some serious cases, this condition can lead to kidney failure.

The Tennessee suit defines a class of anyone who purchased a Hydroxycut product. The lead plaintiffs spent varying amounts of money on Hydroxycut products before the recall was announced.  The plaintiffs in the Tennessee action experienced a number of symptoms as a result of taking the drug, including nausea, vomiting, abdominal pain, headaches, and extreme fatigue.

The FDA said that, while liver damage is rare, those affected did not exceed the recommended dosage of the drug. The Administration has yet to determine why the drug causes such damage.

The list of products being recalled by Iovate currently includes:

• Hydroxycut Regular Rapid Release Caplets
• Hydroxycut Caffeine-Free Rapid Release Caplets
• Hydroxycut Hardcore Liquid Caplets
• Hydroxycut Max Liquid Caplets
• Hydroxycut Regular Drink Packets
• Hydroxycut Caffeine-Free Drink Packets
• Hydroxycut Hardcore Drink Packets (Ignition Stix)
• Hydroxycut Max Drink Packets
• Hydroxycut Liquid Shots
• Hydroxycut Hardcore RTDs (Ready-to-Drink)
• Hydroxycut Max Aqua Shed
• Hydroxycut 24
• Hydroxycut Carb Control
• Hydroxycut Natural

The FDA has not yet determined which ingredients, dosages, or other health-related factors may be associated with risks related to these Hydroxycut products. The products contain a variety of ingredients and herbal extracts.

If you or a loved one has been injured or died after taking Hydroxycut, you may be eligible to receive compensation from the makers of Hydroxycut or other responsible parties and/or entitled to wrongful death damages.  Please contact SMSH at (800) 282-2122.

Labels: Hydroxycut Wrongful Death

Financial Impact on Disabled Individuals Can Be Staggering, Says New Study

In the absence of insurance, a majority of Americans would have to make difficult financial decisions, or even drastic lifestyle changes, in order to cover the costs associated with disability, whether the disability is short- or long-term.

The financial impact of a disability -- equal to lost income plus expenses -- to be as high as nearly $1 million for a 40-year-old, single male earning $50,000 per year who suffers a long-term disability lasting until age 65 -- nearly 20 times his pre-disability earnings.

The study also shows that the costs associated with short-term disabilities can be quite significant -- equaling one to nearly two times income in some cases for a disability lasting just two years.

The study found those hit hardest by the costs resulting from a disability are single individuals, who do not have a second income to rely on; lower-income individuals, because added expenses are greater relative to the lost income; and those who suffer longer-term disabilities due to the high associated costs.

Couple this information with the fact that as a result of the recession, many Americans have less savings and investments to fall back on should they become disabled and can't work, and you have the potential for a financial crisis for many Americans.

If you have questions about your existing disability insurance or a claims denial, please call Stacey Burke at (800) 282-2122.

Labels: benefit disability disability benefit disability insurance disabled ERISA Injury insurance Long Term Disability LTD Short Term Disability STD

Get to Know Fibro on National Fibromyalgia Awareness Day

On May 12, millions of people affected by the chronic pain disorder fibromyalgia will join together with friends and family to commemorate National Fibromyalgia Awareness Day.

To help educate people about the disorder and encourage those living with fibromyalgia to partner with their healthcare provider to manage their symptoms, best-selling author and renowned life coach Martha Beck is speaking out about her 30-year battle with fibromyalgia as the national spokesperson for Know Fibro.  She hopes others will be inspired by her story and use the helpful lifestyle tools available at KnowFibro.com.

Download the Understanding Fibromyalgia fact sheet HERE.

Download a copy of the "Get to Know Fibro" book featuring Martha Beck HERE.

Labels: benefit chronic pain disability disability benefit disabled ERISA Fibromyalgia Long Term Disability LTD Martha Beck National Fibromyalgia Awareness Day STD

Hit Hard by the Economy, Americans Risk Knockout Without Disability Insurance

The results of a new survey show the historic recession has left many Americans with less in savings and investments and as a consequence, more vulnerable to serious financial hardship in the event of illness or disability. According to the nonprofit LIFE Foundation, 27% of working Americans say they would have trouble supporting themselves financially immediately following a disability that keeps them out of work, while 49% would reach that point in a month or less.

The LIFE Foundation released the survey findings to support Disability Insurance Awareness Month, a national campaign targeting the estimated 90 million U.S. workers who lack disability income protection.

Money Saving Tips for Obtaining or Maintaining Disability Coverage

• Look into Group Disability Insurance - One of the most cost-effective ways to obtain disability insurance is through your employer. Employer-provided group disability insurance is typically easier to qualify for because the underwriting is often more lenient than for individual policies. With most group plans, employees are offered the same premium as others in their general age bracket, regardless of their health status or actual age. If you have the option to enroll in a group plan, look to sign up for a short-term disability (STD), which generally replaces a percentage of your income for three months, and long-term disability (LTD), which typically pays 40% to 60% of your pre-tax base salary for a longer period of time. To find out what your employer offers, talk to your benefits manager at work.

• Consider obtaining coverage through professional organizations or associations - If you don't have coverage options through work, look for alternate programs through organizations and associations which provide affordable disability assistance to qualifying individuals. Many professional associations offer members the opportunity to purchase insurance through a group plan. Other sources of coverage include the Veterans Administration pension (for veterans); civil service disability pay (for federal/state government workers); black lung program (for miners); state vocational rehabilitation programs or group union disability coverage.

• Check to see if you can qualify for lower premiums on your individual disability insurance policy - One of the primary ways of getting coverage is to purchase an individual disability insurance policy on your own. If you have your own policy, you may be able to qualify for lower premiums if, for instance, you have quit smoking, lost a substantial amount of weight or have made significant improvements to your health. In addition, in some cases changing careers may mean lower premiums. For example, if you go from being a construction supervisor to owning the company, your rates may decrease. If you're thinking of a new career, especially in today's economy, check into savings that may exist on the same amount of coverage.

• Modify your current coverage options on your individual policy - If you are wondering if your budget will allow you to hold onto your policy, talk to your insurance agent or company. One way to reduce your premiums is to lengthen the waiting period--the time you begin receiving the benefit after claiming disability--say, from 90 days to six months. If this is something you're considering, be sure that you would be able to provide for yourself and your family for that period of time until your benefits take effect.

Labels: benefit disability disability benefit Disability Insurance Awareness Month disabled ERISA Injury LIFE Foundation Long Term Disability LTD STD

CA Jury Awards Drowning Victim's Family $14 Million

A Santa Barbara jury awarded the family of Yoni Gottesman nearly $14 million in compensatory economic and non-economic damages after he drowned in a Cathedral Oaks Athletic Club swimming pool in 2005. The health club group, Cal-West, was named along with 10 other defendants in the wrongful death lawsuit by the lawyers representing the four-year-old boy.

The defendants were accused of negligence, which led to the drowning on the first day of the Cathedral Oaks children's camp.

Attorneys for the Gottesmans proved Cathedral Oaks was further negligent because they did not hold a license to operate a children’s camp.

If you or someone you care about has been injured or killed by a negligent children's camp, swimming facility or other premises intended for the use of children, please contact SMSH at (800) 282-2122 for a free evaluation of your case.

Labels: California Death Drowning Negligence Negligent Safety Wrongful Death

Congressman 'Disgusted' By AIG Delaying and Denying Claims

Rep Elijah Cummings, (D-MD), a senior member of the House Oversight and Reform Committee, is calling for hearings to examine AIG's handling of disability benefits for civilian contractors injured in Iraq after a joint investigation by ABC News, the Los Angeles Times and the non-profit group ProPublica revealed that the company has been playing hardball with injured workers with a pattern of "delaying and denying" claims.

An analysis by ProPublica of tens of thousands of claims filed by people working for American defense contractors overseas found that AIG challenged nearly half – 43 percent – of the most serious claims.

Injured contractors are entitled to medical and disability benefits under a federal law called the Defense Base Act. AIG covers about 90 percent of the claims for these overseas workers under this program.

Click here to watch the full story on 20/20.

If you or someone you know has a claim against AIG for denial of disability benefits, please contact Stacey Burke at (800) 282-2122 for a free consultation on your case.

Labels: AIG benefit Defense Base Act disability disability benefit disabled Injury Long Term Disability LTD

New Plaintiffs File Suit In Carbon Monoxide Incident

Less than one week after the settlement of a $30 million wrongful death lawsuit filed last year by the family of two Pennsylvania tourists who died of carbon monoxide (CO) poisoning in a Boardwalk motel room in 2006, five separate plaintiffs inflicted with CO poisoning in adjacent rooms during the same incident filed suit in U.S. District Court.

Five of the plaintiffs were in the two of the rooms on the first floor of the motel and suffered directly from CO poisoning and were later hospitalized. The other five plaintiffs were either husbands or parents, or both, of the five victims and were indirectly affected by the incident.

Carbon monoxide detectors were not required at the time. However, because of this incident, Ocean City passed a law requiring them in hotels, condominiums and new homes.

The health effects of exposure to carbon monoxide (depending on the degree of concentration) can include:

• Fatigue in people who are healthy
• Cheat pains in people suffering from heart disease
• Headaches
• Impaired vision
• Poor coordination
• Nausea
• Confusion
• Dizziness
• Death, which can even occur if the person is exposed to concentrations under 1%.

If you or someone you love was seriously injured because there was a hazardous toxin or another condition on the premise that could have and should have been remedied, you may have grounds for filing a premises liability claim or a wrongful death lawsuit.

Labels: Carbon Monoxide CO Maryland premise premises Premises Liability Wrongful Death

Genes Linked to Stroke May Raise Risk by a Third, Study Finds

Two gene variants newly linked to stroke may increase by about 30 percent a person’s risk for the third-leading cause of death in the U.S., according to a study of about 20,000 patients.  Stroke was the top reason for serious long-term disability in the U.S. in 2008, costing about $65.5 billion in lost wages and medical treatment, according to the American Heart Association.  Almost 780,000 strokes occur in the U.S. every year, according to the U.S. Centers for Disease Control and Prevention in Atlanta. 

Warning signs of a stroke include numbness or weakness on one side of the body, sudden confusion, trouble seeing in one or both eyes, and loss of balance or coordination, according to the Mayo Clinic Web site.

Besides a family history, risk factors include age of 55 or older, high blood pressure, diabetes and smoking. Women are more likely to die of strokes than men, although they have strokes at the same rate, according to the Mayo Clinic.

If you or someone you know has been disabled by a stroke and needs assistance with obtaining Long-Term Disability Benefits, please contact Stacey Burke at SMSH at (800) 282-2122.

Labels: American Heart Association benefit CDC Centers for Disease Control disability disability benefit disabled ERISA Long Term Disability LTD Mayo Clinic Stroke

Another Teen Death After Police Taser Use Leads to Plans for a Lawsuit

The family of 16-year-old Robert Mitchell plan to file a wrongful death lawsuit alleging that police used excessive force when they struck the unarmed, 5 foot tall, 125-pound teenager with a Taser stun gun last week. The family believes the shock delivered by the Taser ultimately lead to the teen’s death, which may be the third teen Taser death this year, and the second in the past 30 days in the state of Michigan.

Taser stun guns deliver electro-muscular shocks that affect neuromuscular function and thereby temporarily disable individuals.  Although they are designed to provide non-lethal force, Amnesty International has reported that over 350 Taser-related deaths have occurred in the United States since 2001, leading to calls for the stun guns to only be used in life-threatening situations.

Robert Mitchell, who had a learning disability, died after he was struck with a Taser by police in Warren, Michigan. The teen fled police after a traffic stop for an expired license plate and ran into an abandoned building to hide, where police struck him with the stun gun while apprehending him.

Last month, another Michigan teen died after being struck by a Taser gun in Bay City. Brett Elder, who was 15 years old at the time of his death, was struck after he started to fight with officers while they were attempting to intervene in a dispute between the teen and another person.

In December 2008, Amnesty International released a report that found 90% of all Taser gun deaths examined involved people who were unarmed and did not appear to present a serious threat to officers. In addition, a number of deaths have been associated with inappropriate use of the weapons, such as repeated firings, shocks that last longer than five seconds or delivering a charge to the neck or head.

If you or someone you know has been wrongfully injured or killed by a Taser, please call the experienced lawyers of SMSH at (800) 282-2122.

Labels: Death disability disabled Michigan Safety Taser Wrongful Death

AARP: More than 19 million Americans live with a work disability

The AARP reported today that over 19 million Americans have a work disability.  That's 10.9 percent of people ages 21 to 64.  Fewer than half of those disabled workers collect monthly checks from Social Security Disability Insurance, a fund built by federal tax deductions from workers' pay checks. Right now, 9.3 million Americans and their dependents get the money.  The Social Security Administration, now facing an unprecedented backlog of disability claims, expects the problem to worsen as more Americans lose their jobs and file for disability benefits.

Labels: benefit disability disability benefit disabled Long Term Disability LTD social security disability social security disability insurance SSA ssd ssdi

Lyme Disease Cases Jump in DC Region

SMSH Attorney Stacey Burke, along with additional counsel, currently represents multiple clients seeking to reinstate their disability benefits for complications arising from Lyme Disease.  For more information call (800) 282-2122 or email Stacey at sburke@smslegal.com.

The latest statistics show reports of Lyme Disease are way up around the D.C. region. The number of reported cases nearly doubled in the District, tripled in Howard County, and quadrupled in Montgomery County from 2006 to 2007.

Half the cases reported in Virginia come from Loudoun County. County Health Director Dr. David Goodfriend, says when he first started working there in 2001, there were only 20 to 30 cases. But last year, there were 500.

Health officials say the ticks are often found on deer and also on white-tailed mice. They jump onto people from tall grasses and low-lying vegetation.

To avoid being infected, experts recommend that people where long pants and use insect repellent when they outdoors from spring through early fall.

Labels: disability disabled Long Term Disability Lyme Lyme Disease

$5.7m settlement in wrongful death lawsuit filed against California Highway Patrol

A $5.7 million settlement has been reached in a wrongful death lawsuit filed by the parents of a Hilmar teen shot to death by a California Highway Patrol officer in 2001.

The lawsuit stemmed from a June 26, 2001, confrontation when Adams was shot and killed by CHP officer Paul Speers in Stanislaus County, after a high-speed pursuit that began in Delhi. A federal jury in Fresno decided in favor of Adams' parents Feb. 4, after a trial in the U.S. District Court for the Eastern District of California. The jury awarded the parents $4.6 million, and the second phase of the trial, involving punitive damages, was slated for this year. Rather than proceed to the punitive-damages phase, both sides agreed on the settlement.

SMSH Partner Jonathan Harris has successfully represented numerous clients against governmental bodies, including the police for injuries sustained and even wrongful deaths.  Please contact Mr. Harris at (800) 282-2122 with any questions about your case.

Labels: California California Highway Patrol CHP Police Wrongful Death

Follow Matt Shaffer on Twitter

SMSH Partner Matt Shaffer will be "tweeting" on Twitter under the name JonesAct.  Please follow him for up-to-the-minute information about the rights of offshore workers.

Labels: Jones Act Seaman Seamen Twitter

Follow Stacey Burke on Twitter

SMSH Associate Attorney Stacey Burke will now be posting regular updates on her Twitter page concerning Long Term Disability Benefits, ERISA cases and other disability benefit issues.  Follow here here at Lawyer4ERISA on Twitter.

Labels: benefit disability disability benefit ERISA Long Term Disability LTD

Plaintiffs Awarded $1.3 Million for Slip and Fall Accident at Train Station

A jury has awarded $1.3 million to plaintiffs in a case involving a slip-and-fall accident caused by a leaky ceiling at Chicago's Ogilvie Transportation Center, a passenger terminal serving Metra's Union Pacific District.  A bond trader was walking through the train station when he slipped and fell on a wet spot caused by a leak in the building's roof. The plaintiff and his lawyers said no warning signs were displayed to indicate that the water was present. He shattered his kneecap when he fell, which required surgery and physical therapy to rehabilitate, causing him to lose four months of work.

With many years of experience representing victims and their families, SMSH has fought for and won numerous settlements and verdicts in premises liability cases.

Labels: Illinois Premises Liability Slip and Fall

Wrongful death suit filed in child's electrocution

A wrongful death suit has been filed against a Marshall man and his wife after a 6-year-old girl was electrocuted on their property.  Reports are that the little girl was playing in the backyard with her brothers when she fell onto an electrified fence Gonzalez had placed around his property.

When your child suffers serious injuries, you want only the best for them. One of the most important things you can do would be to consult with an attorney who specializes in child injuries, and in some cases even wrongful death. A professional and compassionate attorney from SMSH will be understanding and compassionate to the situation you are facing. We will apply our expertise and knowledge in reviewing and studying your child injury case, to determine any negligence that has occurred.

Labels: Injury Premises Liability Wrongful Death

First Wrongful-Death Suit Filed in Buffalo, N.Y., Plane Crash

The first wrongful-death lawsuit has been filed involving a passenger of the Continental Connection commuter airplane that crashed on Feb. 12 in upstate New York, killing 50 people.  Jonah Mink filed the suit in U.S. District Court, for the Western District of New York, on behalf of himself and his brother after their mother, Susan Wehle, of Amherst, N.Y., was killed when Flight 3407, coming from Newark, N.J., crashed a few miles short of Buffalo-Niagara International Airport in Clarence Center, N.Y.  The lawsuit names Continental Airlines Inc.; Colgan Air Inc., which operated the flight; Colgan Air's parent company, Pinnacle Airlines Corp.; and manufacturer Bombardier Aerospace Corp.

The National Transportation Safety Board (NTSB) has for years been critical of flying turboprop airplanes, such as the Flight 3407 aircraft, in icy weather and the pilots were aware of this when they chose to fly the plane that night.

The suit was filed two days after a nonprofit organization that advocates airline safety filed a lawsuit against Department of Transportation Secretary Ray H. LaHood and Lynne A. Osmus, acting administrator for the Federal Aviation Administration, to force the government, in the wake of the Continental crash, to approve the NTSB's safety recommendations. That suit was brought by former Department of Transportation Inspector General Mary Schiavo, now a partner at Motley Rice, on behalf of Gail Dunham, executive director of Washington's National Air Disaster Alliance/Foundation, in the U.S. District Court for the District of Columbia.

Labels: Airplane Crash New York Wrongful Death