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Serious Injury & Wrongful Death Lawyers
Passion. Commitment. Excellence.
Blog
INDIANA AND ILLINOIS ARE “UNSATISFACTORY” IN
PROTECTING CHILDREN DURING A DISASTER ACCORDING TO
SAVE THE CHILDREN’S 2013 DISASTER REPORT CARD
September 26th, 201 3 by admin
This month, Save the Children released its research results regarding how well – or
how poorly – each state in the union is protecting children in the event of a disaster. You
can read their 2013 Disaster Report Card here. Here is how Illinois and Indiana were
graded in the Save the Children analysis:
Illinois
“Unsatisfactory”
Illinois fails in three of four areas:
1. Plan for evacuating children who are in child care
2. Plan for reuniting families after a disaster
3. Plan for children with disabilities and those with access and functional needs
Succeeds in one of four areas:
1. Multi-hazard plan for all K – 12 schools
Indiana
“Unsatisfactory”
Indiana fails in two of four areas:
1. Plan for evacuating children who are in child care
2. Plan for children with disabilities and those with access and functional needs
Indiana succeeds in two of four areas:
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Indiana succeeds in two of four areas:
1. Plan for reuniting families after a disaster
2. Multi-hazard plan for all K – 12 schools
From their site:
Our Get Ready Get Safe initiative is dedicated to helping communities
prepare for worst-case scenarios, generating emergency plans for our
most vulnerable victims, making sure supplies are in place before
disasters happens, and training those who are most responsible for
children’s safety.
Disasters and Worst-Case Scenarios
All too often, disasters facing kids are not natural disasters like tornadoes or fires, but
man-made disasters, such as the December 2012 Sandy Hook Elementary School
shooting in Newton, Connecticut; the 2007 Virginia Tech shooting; or the 1999
Columbine High School shooting.
In March 2012, a Virginia jury found for the families of two Virginia Tech victims, Erin
Peterson and Julia Pryde, in a wrongful death lawsuit against the school finding that the
wrongful deaths of the two girls in their dorm was proximately caused by Virginia Tech’s
failure to warn the campus that a shooter was on the campus, shooting people. The
jury awarded each family $4,000,000 but these awards were later reduced to the
maximum allowed by Virginia law, $100,000.00.
Seventeen lawsuits were filed after the 1999 Columbine shootings; most of these were
settled for confidential amounts, with lawsuits against not only the school authorities,
but also law enforcement and the killers’ parents. Among these settlements, a
settlement for the wrongful death case filed by the family of Columbine teacher Dave
Sanders for $1,500,000.00.
__________________
In these situations, surviving parents and loved ones are grieving the wrongful death of
their child or spouse and considering whether or not the school or school district or
school authorities could have done more to stop and prevent the wrongful death from
happening. No one is suggesting that these lawsuits are the optimal solution to these
man-made disasters – the better course would be for there to be sufficient safeguards
and security in place to protect kids before something happens.
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Which means that the September 2013 Report by Save the Children is so very
important. Indiana and Illinois both have “unsatisfactory” results here and this is not
good news for our communities.
Posted in Illinois Wrongful Death, Indiana Wrongful Death, Job Site Injury, School &
Playground Injuries, Serious Personal Injury, Work Related, Wrongful Death | No
Comments »
NHTSA FINDS MORE THAN A THIRD OF CHILDREN KILLED IN
CRASHES WERE NOT IN CAR SEATS OR WEARING SEAT
BELTS
September 24th, 201 3 by admin
Not only are car crashes and motor vehicle accidents the number one killer of children
in the United States today, a new study released by National Highway Traffic Safety
Administration (NHTSA) reveals that more than 33% of these children (13 years old and
under) were in these accidents and NOT wearing seat belts or setting in car seats.
Statistics show that every day in this country, two kids under the age of 13 die and
another 340 are seriously injured in traffic accidents where they are vulnerable little
passengers in cars, minivans, pickup trucks, or family SUVs. And the bigger the vehicle,
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apparently, the higher the likelihood that the child is not safely restrained in a car seat or
seat belt:
SUVs (55% of 2011 child deaths)
Pick-Up Trucks (43% of 2011 child deaths)
Vans (40% of 2011 child deaths)
Passenger Cars / Sedans (24% of 2011 child deaths).
“Regardless of the size of the vehicle, the age of the child or the length of the trip,
children should always be properly restrained in a car seat, booster or seat belt,” said
NHTSA Administrator David Strickland. “Car seats, when correctly installed and used,
provide proven life-saving and injury-reducing benefits for child passengers.”
According to the Centers for Disease Control and Prevention (CDC), over 180,000
children will be hurt in traffic accidents and motor vehicle accidents in this country and
over 800 kids will die, all simply from being passengers in a car, truck, van, or SUV that
is involved in a traffic accident.
These numbers do not include teenagers. The CDC reports that Motor Vehicle
Accidents are also the Number One Killer of children between the ages of 15-19 in this
country; 2500 kids between 15 and 19 died in car crashes in 2011 and another 360,000
were seriously injured.
These statistics are shocking, particularly when seat belts and car seats are readily
available today. Parents should be aware of these real dangers to their children,
especially their young kids — not only for when they are driving the kids around, but
when parents entrust their children to caregivers, coaches, school van drivers, church
van drivers, nannies, teachers, family members, friends, and ex-spouses.
Anyone who is taking a child in their vehicle with them on the road would be wise to
follow the following suggestions from NHTSA – especially those for whom there is a
legal duty to protect and keep safe children placed into their care:
1. Determine if your child is in the right seat for his or her age and size;
2. Read the instructions and labels that come with your child’s car seat and read
the vehicle owner’s manual for important information on installing the seat in
your particular vehicle;
3. Go to your local car seat inspection station to have your seat checked by a
Certified Child Passenger Safety Technician;
4. Use the Lower Anchors and Tethers for Children (LATCH) restraint system or
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seat belt to install your car seat and use the top tether to secure forward-facing
car seats;
5. Register your car seat and booster seat at SaferCar.gov so you will be informed
if there is a safety recall on your model; and
6. Always wear your seat belt to set a good example. Unbuckled drivers are more
likely to have unrestrained children in the car.
Posted in Auto Accidents, School & Playground Injuries, Serious Personal Injury,
Transportation, Wrongful Death | No Comments »
CDC ISSUES WARNING OF PANDEMIC: ANTIBIOTICS ARE NOT
WORKING ANYMORE AS BACTERIA RESISTANCE IS
HAPPENING AT ALARMING RATE – MEAT INDUSTRY THE
PROBLEM?
September 1 9th, 201 3 by admin
The Centers for Disease Control and Prevention (CDC) are using a scary, scary word
right now: untreatable. That’s right – UNTREATABLE. According to the CDC, over
2,000,000 people every year in the United States are infected with germs that are
resistant to antibiotics and medical professionals are not able to help or treat these
patients. The CDC reports that 23,000 people die every year as a result.
“Antibiotic resistance is rising for many different pathogens that are
threats to health,” said CDC Director Tom Frieden, M.D., M.P.H. “If we
don’t act now, our medicine cabinet will be empty and we won’t have the
antibiotics we need to save lives.”
The CDC is studying these antibiotic resistant strains and categorizing them into three
levels: urgent, serious, and concerning. Results of the CDC’s research thus far has
been published in a report entitled, “Antibiotic Resistance Threats in the United States,
2013.”
Read the report by clicking on this image:
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The Urgent Problem of Antibiotic-Resistent Germs
Urgent threats in the report are the most serious threats to human life. The CDC finds
that the urgent antibiotic resistant threats are infections resulting from things like
carbapenem-resistant Enterobacteriaceae (CRE); a form of gonorrhea that isn’t cured
by current antibiotics, and a form of diarrhea or gut infection called Clostridium difficile,
that happens after antibiotic treatment for other things.
This gut infection is particularly scary: “C. Difficile” is reported to have resulted in over
250,000 people being hospitalized because of it and over 14,000 people dying from it,
every year.
Use of Antibiotics in Meat Industry Is Part of the Problem
Right now, the meat and poultry industries use antibiotics on animals that will be food
for humans all the time. The animals are given antibiotics not only to treat disease but
also as a preventative measure. Antibiotics are also given to animals that will be sold
as food because it helps them grow bigger. And a bigger product is a higher price and
a bigger profit.
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This despite the warnings against using antibiotics too often, because resistance is
known to develop over time. Nevertheless, the meat industry isn’t stopping its antibiotic
use on its animals, and unless you specifically look for antibiotic-free poultry, beef, or
pork at your local grocery, you and your family will be bringing home and injesting
antibiotics along with your family meal.
“Every time antibiotics are used in any setting, bacteria evolve by
developing resistance. This process can happen with alarming speed,”
said Steve Solomon, M.D., director of CDC’s Office of Antimicrobial
Resistance. “These drugs are a precious, limited resource—the more we
use antibiotics today, the less likely we are to have effective antibiotics
tomorrow.”
According to the CDC, half of the antibiotics used today – on humans and on animals –
are not needed. Food producers are not voluntarily stopping their antibiotic programs,
however. Once again, profits drive the actions of many – and it may well be that only
through injury lawsuits based upon antibiotic usage in the face of research and reports
like this one from the CDC that things will change. Be careful out there.
Posted in Medical Malpractice, Serious Personal Injury, Work Related, Wrongful
Death | No Comments »
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FOOTBALL HELMET TO HELMET CONCUSSIONS KILLING
KIDS: YOUNG ATHLETES’ DEATHS SERVE AS WARNING OF
THE REAL DANGER OF FATAL FOOTBALL HEAD INJURIES
September 1 7 th, 201 3 by admin
Kids are dying from playing school sports – shockingly and tragically, it’s not stopping.
The reality is that football helmets are not enough to prevent serious harm and traumatic
brain injuries: concussions and permanent injuries to the human brain that sometimes
result in the death of a young athlete.
We’ve been monitoring this growing national tragedy for awhile now. For background
information on how serious the threat of death is to young people playing high school
and college football, check out these posts:
CONCUSSION LAWS IN INDIANA AND ILLINOIS TRY TO KEEP KIDS SAFER AS
THEY PLAY FOOTBALL AND OTHER SCHOOL SPORTS
FOOTBALL HEAD INJURIES GET $30 MILLION FROM NFL DONATION TO NIH
BRAIN INJURY RESEARCH: MANY DANGERS OF PLAYING FOOTBALL STILL
BEING DISCOVERED
HIGH SCHOOL FOOTBALL PLAYERS WILL PLAY EVEN AFTER HEAD INJURY
AND CONCUSSION, NEW STUDY FINDS: NEED TO PROTECT KIDS FROM
FOOTBALL INJURIES AND THEMSELVES
BRAIN INJURIES TO KIDS AND TEENS FROM TBI CONCUSSIONS SUFFERED
WHILE PLAYING FOOTBALL, HOCKEY: SPORTS HELMETS DO NOT PREVENT
PERMANENT INJURY TO BRAIN
Sixteen Year Old High School Football Player Died Yesterday From Head Injury
Suffered During Football Game
Another tragic football TBI head injury death was reported in today’s news as high
school junior Damon W. Janes passed away in yesterday in a New York hospital from
brain injuries he suffered while playing high school varsity football, in a “helmet to
helmet” collision on the field.
Damon Janes was only 16 years old. Condolences can be shared with the family on
Twitter.com with the hashtag #PrayForDamon.
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Twenty-Two Year Old College Football Player Died During Practice, Parents File Suit
In other news, Derek Sheely’s family has filed a wrongful death lawsuit against Sheely’s
football coaches, the manufacturer of his football helmet, and the National Collegiate
Athletic Association (NCAA). (The NCAA, headquartered in Indianapolis, Indiana, is a
non-profit organization of over 1200 athletic programs.)
Derek Sheely was hurt during football practice camp for Frostburg University, when the
young man collapsed on field sidelines shortly after a drill, after his football coach
allegedly told him (according to the family’s pleadings per witnesses) that the boy
shouldn’t complain about not feeling good and keep going with practice.
At the time, Sheely had suffered a major brain injury and he was bleeding from his head.
A week after he died from massive head trauma. The family’s lawsuit points to repeated
“helmet to helmet” collisions during the football practice as causing that fatal head
trauma.
A foundation has been established in Derek Sheely’s name to educate players and their
families about the very real problem of football injury concussions and the danger of
football brain injury death.
For more information on the Derek Sheely Foundation, check out this video on YouTube.
_______________________
Sincerest condolences to both the Janes family and loved ones of Derek Sheely. Let us
hope that between social media campaigns (Twitter, YouTube); blog posts like we are
publishing;and lawsuits that are being filed, that some lives will be saved in the future
from the needless and tragic death on a school football field from a traumatic brain
injury concussion that a football helmet simply cannot prevent.
Posted in Defective Products, Illinois Wrongful Death, Indiana Wrongful Death, Other
Jurisdictions, Product Liability, School & Playground Injuries, Serious Personal
Injury, Wrongful Death, brain injuries | No Comments »
BEAT THE TRAIN ACCIDENTS: HUNDREDS DIE OR SERIOUSLY
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INJURED IN RAILROAD TRAIN CRASHES – DON’T BE
IMPATIENT TO BEAT THE TRAIN
September 1 2th, 201 3 by admin
Hundreds Die Each Year In Train Accidents
Between January and June this year, 397 people died in a train accident in the United
States. Railroad crossings are dangerous spots, filled with crossing arms, flashing
lights, and as the train approaches, often the sound of the train’s warning whistle as it
comes closer to the intersection of track and roadway. Still, many people are confident
that they can “beat the train” and it’s a huge risk.
If someone decides they can “beat the train” and they are wrong, then all too often they
pay for their miscalculation with serious injuries or death for themselves as well as any
passengers in their vehicle.
Beat the Train? Don’t Risk It: Consider These Tragic Stories — Serious Injuries and
Deaths All In the Past 90 Days
1. Muncie man fighting for his life after trying to beat the train
This morning, news out of Muncie is that Freddie Cooper is fighting for his life in an
Indiana hospital after being struck by a train last evening as he was trying to cross the
railroad tracks on foot. Mr. Cooper was hit by the train, estimated to be going around 25
MPH, and is now in serious condition.
According to news reports, Mr. Cooper was trying to beat the train because he was late
for work; witnesses saw him running, and then being thrown between 30 – 40 feet when
the train hit him.
2. Teens in SUV trying to beat the train have fatal crash with moving train at Sullivan
crossing
This news comes only a short while after three kids driving an SUV tried to beat the train
in Sullivan, Indiana, as the moving train was coming toward the street crossing.
Witnesses said that the SUV slowed down at the railroad crossing, then the driver opted
to try and cross before the train arrived — mistaking how fast the train would get to the
crossing and despite the train’s warning whistle.
Tragically, two of the teenagers in the vehicle were seriously injured and the 16 year old
boy sitting in the front passenger seat died in this train crash.
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3. Two Waukesha beat the train accidents within weeks of each other
In July, a train left Chicago on its way to Fond du Lac, and on its way crashed into James
Hart, who reportedly told police that he was trying to beat the train when he crossed the
railroad tracks despite being hampered from fast movement due to his use of a cane.
The 131 car train hit Mr. Hart while he was on the tracks but miraculously, he survived
with injuries that included two broken legs and a broken right arm.
The next month, another train accident happened in Waukesha, when Lauri Ahl tried to
cross the railroad tracks before the train arrived. In what has been described as another
“beat the train” accident, Ms. Ahl seemed aware of the train’s approach but made a
mistake in determining how fast it was going as she attempted to cross the tracks
despite being physically challenged from moving quickly due to walking with a limp.
Railroad Crossings and Moving Trains Are Dangerous – Be Careful!
According to the National Highway Traffic Safety Administration (NHTSA) and Operation
Lifesaver:
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1. Most train accidents (3 out of 4 crashes) happen close to home (within 25 miles
of the residence).
2. Half of all train crashes happen within 5 miles of home.
3. The risk of death in a train crash for a U.S. motorist is 20 times HIGHER than
their risk of dying in an accident with another motor vehicle.
Railroads are heavily regulated by both state and federal law because, as common
carriers, they are deemed to have a special duty to the public – and because trains are
so very dangerous. These are huge and heavy machines that move at high speeds and
cannot stop quickly. A fast moving train cannot stop on a dime and as a result, many
crashes and fatal accidents occur as the train is screaming its whistle and trying to stop
before impact.
For those injured or killed in a train crash, there will be the debated legal issues of duty,
breach, and assumption of the risk of injury or death. Liability for train accidents can be
complicated as well by factual issues such as the conditions of the roads and rails and
the possible malfunction of equipment in either train or vehicle. Train accident claims
and lawsuits are usually very sad and very horrific cases for juries as well as heart-
wrenching tragedies for the families and loved ones. Be careful out there.
Posted in Airplane & Train Crashes, Illinois Wrongful Death, Indiana Wrongful
Death, Pedestrian Accidents, Railroad Workers (FELA), Serious Personal Injury,
Transportation, Wrongful Death | No Comments »
YOUNG DRIVERS WORKING ON THE JOB DRIVING CAR,
TRUCK, VAN HAVE HIGHEST WORK-RELATED DEATH RATES:
NEW FEDERAL FACT SHEETS FROM NIOSH
September 1 0th, 201 3 by admin
The National Institute for Occupational Safety and Health (NIOSH) continues its fight
against car crashes and traffic accidents where young people are seriously injured or
killed while driving a vehicle as part of their job. Statistics show that work-related deaths
among Americans between the ages of 16 and 24 years are caused most often by
motor vehicle accidents. Kids and young adults doing all sorts of things from delivering
pizzas to driving tractors or delivery trucks for a farm-related concern sadly can result in
that child being injured or killed in a crash.
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NIOSH research (2003 – 2010) reveals the following facts regarding young drivers
driving vehicles as part of their work duties:
843 workers between the ages of 16 to 24 died in motor vehicle crashes at work.
These deaths made up 22% of all on the job, workplace fatalities for this young
adult (16-24 age) group.
In 67% of these crashes, sadly it was the young adult driving the vehicle on the
job that was involved in the crash.
New Publications From NIOSH and CDC – Young Workers’ Safety When Driving
Vehicles For Work Duties
This month, NIOSH published two new fact sheets for distribution among parents of
these young workers as well as among the workers themselves, and another for
employers. Both are designed to educate people on ways to keep young workers safe
from serious injuries and death while driving as part of their job.
“Young people are the future of our workforce and bring fresh ideas and
energy into the workplace, however their lack of experience may also
place them at higher risk of workplace injuries,” said NIOSH Director
John Howard, M.D. “Resources, like these fact sheets, are important in
helping everyone understand how we can make the workplace safe, while
embracing these new workers.”
Both fact sheets (here and here) detail the risks facing these young on-the-job drivers
as well as providing recommendations on how the drivers as well as their employers
and their parents can work together to minimize the danger that the driver will be
involved in an accident or crash while driving a car or truck or van as part of their job and
facing serious harm or death from their injuries.
The Parent Fact Sheet: When Your Child Drives as Part of Their Work – Risks Facing
Young Drivers on the Job
Teenagers and young adults with a state driver’s license may work on a job that
requires them to get behind the wheel as part of their job duties. They may deliver pizza,
for example. They may deliver newspapers using a car or truck. Perhaps they run
errands for the boss, or pick up kids from school as a part of care-taking duties.
Whenever a teen or young adult drives a vehicle for work, parents need to know that this
is part of their job duties and parents should know the risks that these drivers are facing
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here. From the NIOSH fact sheet, for example, are the following facts – answering the
question ‘why are young drivers at greater risk of serious injury or death in an accident
while driving on the job?’ as NIOSH research points to these factors as contributing to
higher risk of serious accidents and crashes among teenage and young drivers on the
job:
1. New to driving: Driving inexperience, including difficulty in recognizing and
responding to traffic hazards
2. Being tired: Fatigue
3. Not wearing a safety belt: Inconsistent seat belt use
4. Over-confidence in driving skills: Tendency to overestimate driving skills
5. Wanting to please the boss: Desire to meet employer time expectations
6. Social media: Distracted driving – talking on cell phones,text messaging,
7. Distractions in the vehicle: adjusting controls (music), eating and drinking, or
interacting with other passengers
8. Just being Young: Immaturity – poor impulse control, judgment, and decision-
making skills
It’s commendable for teens and young adults to have a job and to be entrusted with
driving a vehicle as part of that work. However, serious car accidents kill young
Americans as well as cause serious injuries that are life-altering, where long-term care
is needed (therapy, surgeries, etc.) and where futures are irretrievably changed.
For those who have been injured or wrongfully died in a work-related accident or crash
while driving a vehicle on the job, state laws do provide for claims to be made in the
pursuit of justice. However, being prepared to prevent these tragedies from happening at
all is obviously the better course, and spreading the word about these online Fact
Sheets is encouraged. Be careful out there.
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Click on the image to read and
download the NIOSH Parents Fact
Sheet for Young Drivers On the Job.
Posted in Auto Accidents, Bus Crashes, Illinois Wrongful Death, Indiana Wrongful
Death, Job Site Injury, Motorcycle Accidents, Serious Personal Injury, Spinal Injuries,
Transportation, Work Related, Workers’ Compensation, Wrongful Death, brain
injuries | No Comments »
MOPEDS AND SCOOTERS GROWING IN POPULARITY AS
INJURY AND DEATH RATES FOR MOPEDS RISE: WILL
INDIANA LAWS CHANGE?
September 5th, 201 3 by admin
This week in Indianapolis, the American Bikers Aimed Toward Education (ABATE)
hosted a discussion about how to increase the safety of mopeds (low power
motorcycles), scooters, and motorized bicycles in the State of Indiana, where ABATE
argues Indiana law is not clear enough on protecting owners and riders of these
vehicles from harm.
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The “Scooter Summit” or “Moped Meeting” was held yesterday morning in Indianapolis
at Speed City Cycle, 3464 W. 16th Street; the public was invited to participate in the
discussions there, along with law enforcement agencies, insurance company
representatives, and motorcycle (moped, scooter, motorized bicycle) dealers.
The question is: will Indiana law change to make it safer for mopeds to be on the roads
here?
Mopeds Are Not Viewed the Same as Larger Motorcycles
A moped is considered to be light, easy to drive, and slow; a motorcycle is larger,
requires a level of skill to operate; and is much more powerful. Mopeds or scooters
serve a different purpose and usually have a different kind of driver: students, for
example, often find mopeds to be economical and efficient forms of transportation
around school campuses and college neighborhoods.
In the United States, each state defines and regulates these small vehicles differently.
For example, as a general rule, states limit a moped’s top speed at 30 MPH although
some hold moped legal speeds even lower, at 20-25 MPH.
Indiana law currently considers a moped as a motorized bicycle. However, ABATE is
arguing for the Indiana lawmakers to rethink this perception and change the state law to
recognize mopeds as low-speed motorcycles, giving them stricter legal requirements
for driving and riding in order to make mopeds safer on Indiana roads.
Indiana Statutes For Mopeds
IC 9-21-11-12 – Motorized bicycles; prohibitions on operation; conditions:
http://www.in.gov/legislative/ic/2010/title9/ar21/ch11.html
Sec. 12. A motorized bicycle may not be operated under any of the
following conditions:
(1) By a person less than fifteen (15) years of age.
(2) By a person who has not obtained an identification card under IC 9-
24, a permit under IC 9-24, an operator’s license under IC 9-24, a
chauffeur’s license under IC 9-24, or a public passenger chauffeur’s
license under IC 9-24.
(3) On an interstate highway or a sidewalk.
(4) At a speed greater than twenty-five (25) miles per hour.
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IC 9-21-11-13 – Persons under 18 years of age; operation of motorized
bicycle; safety equipment
Sec. 13. A person less than eighteen (18) years of age who operates or
rides a motorized bicycle on a street or highway shall do the following:
(1) Wear protective headgear meeting the minimum standards set by the
bureau or a helmet that meets the standards established by the United
States Department of Transportation under 49 CFR 571.218 in effect
January 1, 1979.
(2) Wear protective glasses, goggles, or a transparent face shield.
As added by P.L.2-1991, SEC.9.
IC 9-21-11-14 – Violations; Class C infraction
Sec. 14. A person who violates this chapter commits a Class C infraction.
Motorcycle and Moped Injuries on the Rise
The National Institute of Health is collecting and publishing studies on the dangers to
drivers of mopeds and scooters in the United States now that research has revealed
that not only has there been a 20 year gap in the study of moped / scooter crash injuries
in this country but that the last studies are over 20 years old. Meanwhile, these have
become very popular modes of transportation with moped sales skyrocketing 60% over
the past few years.
Using 2011 Florida data, the NIH recently published research from the University of
Florida that found:
More than 90% of drivers involved in moped or scooter crashes were uninsured.
Only 17% of all drivers wore helmets.
Alcohol and drug use was a significant risk factor of severe and lethal crashes
Risk factors for increased severe or lethal injury were unpaved roads; driving
speeds >20 mph; posted speed limits >30 mph major roadways with four or
more lanes; and poor lighting conditions.
In Indiana last year, researchers at the Indiana Criminal Justice Institute found over a
5% increase in motorcycle and moped crashes in Indiana from the total crashes in
2011 and 2012. The CJI reports that:
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“Moped operators and passengers were the fastest growing individual components
of overall [Indiana] motorcycle collisions over both the 2008 to 2012 period and 2011
to 2012.”
____________
Motorcycle accidents and moped crashes often result in serious injuries or wrongful
death for their drivers and passengers. Efforts to make the roads safer for mopeds,
scooters, and motorized bicycles are welcomed – and needed.
Posted in Indiana Wrongful Death, Motorcycle Accidents, Serious Personal Injury,
Spinal Injuries, Transportation, Wrongful Death, brain injuries | No Comments »
PREVENTING DEATHS FROM HEART DISEASE AND STROKE
BY IMPROVING CARE: NEW CDC REPORT REVEALS MANY
PEOPLE ARE DYING NEEDLESSLY
September 3rd, 201 3 by admin
A new report from the Centers for Disease Control and Prevention (CDC) finds that there
are were over 200,000 deaths from heart disease and stroke in 2010 in the United
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States that need not have happened, and that over half of the people who died from
these preventable causes were under the age of 65.
Read the full report online here, entitled “Preventable Deaths from Heart Disease &
Stroke: Improving care can save more lives.”
It is known that cardiovascular diseases are responsible for 1 in 3 deaths in this
country. This is true even though the CDC report confirms that most of these diseases
can be managed or even prevented in the first place by addressing three risks:
1. Age – Death rates in 2010 were highest among adults aged 65-74 years (401.5
per 100,000 population), which is understandable. However, preventable death
rates have fallen faster for elders (those aged 65–74 years) when compared to
those under age 65.
2. Race/ethnicity – According to the CDC, blacks are twice as likely as whites to
die from preventable heart disease and stroke. Black men have the highest risk
of all groups and Hispanic men are twice as likely as Hispanic women to suffer
a fatal heart attack or stroke.
3. Sex — Men died from preventable deaths due to heart disease, stroke and high
blood pressure at a much higher rate than women (83.7 per 100,000 for men
compared to 39.6 per 100,000 for women.
“Despite progress against heart disease and stroke, hundreds of thousands of
Americans die each year from these preventable causes of death,” said CDC Director
Tom Frieden, M.D., M.P.H. “Many of the heart attacks and strokes that will kill people in
the coming year could be prevented by reducing blood pressure and cholesterol and
stopping smoking.”
Part of the responsibility of stopping these kinds of preventable deaths lies with the
individual. However, the CDC points out that health care professionals also have a duty
here. From the Report:
Health care systems and providers can also:
Use electronic health records to identify and support patients who need
help quitting smoking or who have high blood pressure or high
cholesterol.
Refer patients to community resources, such as smoking quit-lines and
blood pressure self management programs.
Track patient progress on the ABCS of heart health — Aspirin when
appropriate, Blood pressure control, Cholesterol management, and
Smoking cessation.
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It’s important to be aware of the risk factors and to take care of yourself. However, it’s
also important for doctors, clinics, nursing homes, care facilities, and others to be doing
their part not only to educate but also to monitor your heart risk factors, particularly if you
are in a high risk group.
Posted in Illinois Wrongful Death, Indiana Wrongful Death, Medical Malpractice,
Serious Personal Injury, Work Related, Wrongful Death, brain injuries | No
Comments »
ARE YOU PREPARED FOR AN EMERGENCY? SEPTEMBER IS
NATIONAL PREPAREDNESS MONTH
August 29th, 201 3 by admin
September is National Preparedness Month and all sorts of events are being planned to
help people plan ahead so they can be ready to deal with an unexpected disaster.
When these big disasters hit they are often fast and without sufficient warning to get
prepared for them when they’re coming your way, so the time is now to prepare you and
your family for this type of emergency. Later, you can decide if you need to take further
steps to take care of your family after the event has happened (medical care, moving,
etc.) as well as determining if you have legal action available for damages you have
sustained.
Right now, it’s important to be prepared for the unknown.
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For those living in Indiana or Illinois, this may not be a hurricane like those in New
Jersey experienced with Hurricane Sandy or the current firestorm that people living near
the big Yosemite Park fire in Northern California are facing, but there are many other
kinds of events which organizations like FEMA (Federal Emergency Management
Agency) identify as potential disasters that everyone should be prepared against,
including:
Natural Disaters (Floods, Severe Weather, Thunderstorms and Lighting,
Wildfires, and Winter Storms/Extreme Cold)
Technological and Accident Hazards (Blackouts, Hazardous Materials Incidents,
Household Chemical Emergencies, Nuclear Power Plants)(map of Illinois’
Nuclear Power Plants)
Terrorist Hazards (Biological Threats, Chemical Threats, Cyber Attack,
Explosions, Nuclear Blast, Radioactive Dispersion Device)
Illinois and Indiana Disasters Tracked by FEMA
This year, Illinois residents have suffered from severe storms with flooding and
powerful winds and in May 2013 this event was given a federal Major Disaster
Declaration. Past years have also seen Illinois suffering similar natural disasters –
including tornadoes back in 2009.
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Indiana, likewise, has experienced several disasters coming in the form of severe
storms, with flooding, high winds, and tornadoes. Fortunately, no event has warranted
being recognized as a Major Disaster by the federal government this year.
Indiana Homeland Security Survey Underway – How Prepared is Indiana?
This week, the Indiana Department of Homeland Security (IDHS) began making sure
that Indiana citizens are aware of these disaster possibilities and ready to deal with any
of these events, should they hit, by conducting an online survey to check what residents
know and what steps they have take to be prepared in the event of an emergency.
You can take the ten minute online survey at the IDHS website’s Featured Topics
Section: “IDHS Citizen Preparedness Survey 2013.”
“Being ready for a major disaster is very important and the basics of a kit
can be put together without a lot of effort or money,” said IDHS Senior
Public Information Officer John Erickson. “Having a preparedness kit can
make the aftermath of an emergency or disaster easier for individuals
and emergency responders. We hope that this survey will remind
Hoosiers of the importance of being prepared and what they can do to
improve their level of preparedness.”
Preparing Your Family for An Unexpected Disaster
FEMA has prepared a YouTube video to help families prepare in advance for times
when their lives may be uprooted due to an unexpected event, explaining how to put
together a Family Emergency Preparedness Kit: watch it here.
Posted in Serious Personal Injury, Transportation, Wrongful Death | No Comments »
BUS CRASHES AND BUS SAFETY TARGET OF TWO WEEK
FEDERAL CRACKDOWN – SURPRISE INSPECTIONS FOR
DANGEROUS BUSES ON THE ROAD AS MORE BUS CRASHES
MAKE NEWS
August 27 th, 201 3 by admin
Bus crashes happen much more often than people realize, and bus passengers end up
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Bus crashes happen much more often than people realize, and bus passengers end up
seriously injured or killed.
Last week, a California tour bus carrying over 50 people to a casino vacation rolled over
on a California freeway near Los Angeles, and 52 bus passengers suffered injuries;
luckily, no fatalities were reported. This is just another example of how people boarding
buses for vacations, to go to school or church, or for daily transport to work or to shop,
are at real risk of being seriously hurt in a bus crash.
More examples within the past few weeks of serious bus accidents that did result in
fatalities were detailed in our recent post, “FOUR SERIOUS BUS CRASHES IN THE
NEWS THIS WEEK: HOW DANGEROUS IS IT FOR YOU OR YOUR KIDS TO RIDE ON A
BUS.”
FMCSA Crackdown on Bus Crash Dangers Across the Country – Surprise
Inspections
Apparently, the federal government has taken note of these bus crashes routinely
making the national news. This week, the Federal Motor Carrier Safety Administration
(FMCSA) announced that it is implementing country-wide bus inspections over the next
two weeks.
FMCSA is sending out a group of federal bus inspectors which it describes as its “strike
force,” to conduct surprise inspections of buses being used in all parts of the nation –
and the FMCSA bus inspectors are going to be dropping in to check on new bus
companies to insure that they are complying with federal bus safety standards, too.
During these two weeks’ surprise bus inspections, the FMCSA group will be supported
by additional manpower provided by law enforcement agencies. It’s not a blanket review
of every bus on the roads, though: certain bus companies are the focus of this
“dangerous bus hunt” and bus passengers should not feel secure that the bus they
planning on riding in the next few weeks or months has been okayed by a surprise
federal inspection.
What will they be checking on these buses?
Surprise FMCSA bus inspections are targeting known danger spots on buses, including
brakes and tires. Bus driver records will be reviewed, too, to make sure that the drivers
have the proper driving expertise and that they are meeting the new HOS (hours of
service) regulations.
“Aggressive strike force inspections help save lives on our roadways and
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protect people who travel by bus,” said Federal Motor Carrier Safety
Administrator Anne S. Ferro. “Strong enforcement efforts will increase
safety and reduce serious crashes that result in death and injury.”
Phone App to Check Safety of Buses Before Riding Them
The federal government is also providing people thinking about riding a bus, or putting
their kids on a bus, a phone app to check the safety of that bus company. This can be
downloaded for free from the FMCSA’s web site on its “saferbus” page. (It will work with
iPhone, iPad, and Android operating systems.) Click on the image below to learn more
about this app and where to download it:
_____________________________
Bus crashes and bus passenger injuries in a bus accident are real. Most assume that
they are rare, but more and more news stories are reporting about buses being hit,
rolling over, colliding with highway medians, slamming into the backs of vehicles
(rearending), having tire blowouts, and other bases for serious accidents on the roads.
It’s a real problem out there, something that parents putting kids onto buses for school
or camp as well as adults taking buses on vacations or travel trips need to recognize.
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Be careful out there.
Posted in Bus Crashes, School & Playground Injuries, Serious Personal Injury,
Spinal Injuries, Transportation, Wrongful Death, brain injuries | No Comments »
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Illinois and Indiana Receive Unsatisfactory Grades in Protecting Children During Disasters

  • 1. pdfcrowd.comopen in browser PRO version Are you a developer? Try out the HTML to PDF API Serious Injury & Wrongful Death Lawyers Passion. Commitment. Excellence. Blog INDIANA AND ILLINOIS ARE “UNSATISFACTORY” IN PROTECTING CHILDREN DURING A DISASTER ACCORDING TO SAVE THE CHILDREN’S 2013 DISASTER REPORT CARD September 26th, 201 3 by admin This month, Save the Children released its research results regarding how well – or how poorly – each state in the union is protecting children in the event of a disaster. You can read their 2013 Disaster Report Card here. Here is how Illinois and Indiana were graded in the Save the Children analysis: Illinois “Unsatisfactory” Illinois fails in three of four areas: 1. Plan for evacuating children who are in child care 2. Plan for reuniting families after a disaster 3. Plan for children with disabilities and those with access and functional needs Succeeds in one of four areas: 1. Multi-hazard plan for all K – 12 schools Indiana “Unsatisfactory” Indiana fails in two of four areas: 1. Plan for evacuating children who are in child care 2. Plan for children with disabilities and those with access and functional needs Indiana succeeds in two of four areas: CATEGORIES Serious Personal Injury (371) brain injuries (39) Defective Products (119) Insurance Claims (22) Medical Malpractice (51) Pedestrian Accidents (26) Product Liability (117) School & Playground Injuries (42) Slip & Falls (20) Spinal Injuries (39) Sports & Boating Accidents (11) Transportation (188) Airplane & Train Crashes (14) Auto Accidents (84) Bus Crashes (48) Motorcycle Accidents (52)
  • 2. pdfcrowd.comopen in browser PRO version Are you a developer? Try out the HTML to PDF API Indiana succeeds in two of four areas: 1. Plan for reuniting families after a disaster 2. Multi-hazard plan for all K – 12 schools From their site: Our Get Ready Get Safe initiative is dedicated to helping communities prepare for worst-case scenarios, generating emergency plans for our most vulnerable victims, making sure supplies are in place before disasters happens, and training those who are most responsible for children’s safety. Disasters and Worst-Case Scenarios All too often, disasters facing kids are not natural disasters like tornadoes or fires, but man-made disasters, such as the December 2012 Sandy Hook Elementary School shooting in Newton, Connecticut; the 2007 Virginia Tech shooting; or the 1999 Columbine High School shooting. In March 2012, a Virginia jury found for the families of two Virginia Tech victims, Erin Peterson and Julia Pryde, in a wrongful death lawsuit against the school finding that the wrongful deaths of the two girls in their dorm was proximately caused by Virginia Tech’s failure to warn the campus that a shooter was on the campus, shooting people. The jury awarded each family $4,000,000 but these awards were later reduced to the maximum allowed by Virginia law, $100,000.00. Seventeen lawsuits were filed after the 1999 Columbine shootings; most of these were settled for confidential amounts, with lawsuits against not only the school authorities, but also law enforcement and the killers’ parents. Among these settlements, a settlement for the wrongful death case filed by the family of Columbine teacher Dave Sanders for $1,500,000.00. __________________ In these situations, surviving parents and loved ones are grieving the wrongful death of their child or spouse and considering whether or not the school or school district or school authorities could have done more to stop and prevent the wrongful death from happening. No one is suggesting that these lawsuits are the optimal solution to these man-made disasters – the better course would be for there to be sufficient safeguards and security in place to protect kids before something happens. Semi-Truck Crashes (107) Work Related (153) Construction Injuries (25) Electrocution (20) Equipment and Machine Malfunction (33) Explosions & Fires (32) Falls (25) Job Site Injury (84) Longshoremen & Maritime (20) Mill Accidents (26) Railroad Workers (FELA) (21) Workers’ Compensation (43) Wrongful Death (295) Illinois Wrongful Death (97) Indiana Wrongful Death (107) Other Jurisdictions (43) LINKS
  • 3. pdfcrowd.comopen in browser PRO version Are you a developer? Try out the HTML to PDF API Which means that the September 2013 Report by Save the Children is so very important. Indiana and Illinois both have “unsatisfactory” results here and this is not good news for our communities. Posted in Illinois Wrongful Death, Indiana Wrongful Death, Job Site Injury, School & Playground Injuries, Serious Personal Injury, Work Related, Wrongful Death | No Comments » NHTSA FINDS MORE THAN A THIRD OF CHILDREN KILLED IN CRASHES WERE NOT IN CAR SEATS OR WEARING SEAT BELTS September 24th, 201 3 by admin Not only are car crashes and motor vehicle accidents the number one killer of children in the United States today, a new study released by National Highway Traffic Safety Administration (NHTSA) reveals that more than 33% of these children (13 years old and under) were in these accidents and NOT wearing seat belts or setting in car seats. Statistics show that every day in this country, two kids under the age of 13 die and another 340 are seriously injured in traffic accidents where they are vulnerable little passengers in cars, minivans, pickup trucks, or family SUVs. And the bigger the vehicle, Entrepreneurs Forum of Southern New Jersey Intellectual Property United States Copyright Office United States Patent and Trademark Office ARCHIVES September 2013 August 2013 July 2013 June 2013 May 2013 April 2013 March 2013 February 2013 January 2013 December 2012 November 2012 October 2012 September 2012 August 2012 July 2012 June 2012 May 2012 April 2012 March 2012 February 2012 January 2012 December 2011 November 2011 October 2011
  • 4. pdfcrowd.comopen in browser PRO version Are you a developer? Try out the HTML to PDF API apparently, the higher the likelihood that the child is not safely restrained in a car seat or seat belt: SUVs (55% of 2011 child deaths) Pick-Up Trucks (43% of 2011 child deaths) Vans (40% of 2011 child deaths) Passenger Cars / Sedans (24% of 2011 child deaths). “Regardless of the size of the vehicle, the age of the child or the length of the trip, children should always be properly restrained in a car seat, booster or seat belt,” said NHTSA Administrator David Strickland. “Car seats, when correctly installed and used, provide proven life-saving and injury-reducing benefits for child passengers.” According to the Centers for Disease Control and Prevention (CDC), over 180,000 children will be hurt in traffic accidents and motor vehicle accidents in this country and over 800 kids will die, all simply from being passengers in a car, truck, van, or SUV that is involved in a traffic accident. These numbers do not include teenagers. The CDC reports that Motor Vehicle Accidents are also the Number One Killer of children between the ages of 15-19 in this country; 2500 kids between 15 and 19 died in car crashes in 2011 and another 360,000 were seriously injured. These statistics are shocking, particularly when seat belts and car seats are readily available today. Parents should be aware of these real dangers to their children, especially their young kids — not only for when they are driving the kids around, but when parents entrust their children to caregivers, coaches, school van drivers, church van drivers, nannies, teachers, family members, friends, and ex-spouses. Anyone who is taking a child in their vehicle with them on the road would be wise to follow the following suggestions from NHTSA – especially those for whom there is a legal duty to protect and keep safe children placed into their care: 1. Determine if your child is in the right seat for his or her age and size; 2. Read the instructions and labels that come with your child’s car seat and read the vehicle owner’s manual for important information on installing the seat in your particular vehicle; 3. Go to your local car seat inspection station to have your seat checked by a Certified Child Passenger Safety Technician; 4. Use the Lower Anchors and Tethers for Children (LATCH) restraint system or October 2011 September 2011 August 2011 July 2011 June 2011 May 2011 April 2011 March 2011 February 2011 January 2011 December 2010 November 2010 October 2010 September 2010 August 2010 July 2010 June 2010 May 2010 April 2010 March 2010 February 2010 January 2010
  • 5. pdfcrowd.comopen in browser PRO version Are you a developer? Try out the HTML to PDF API seat belt to install your car seat and use the top tether to secure forward-facing car seats; 5. Register your car seat and booster seat at SaferCar.gov so you will be informed if there is a safety recall on your model; and 6. Always wear your seat belt to set a good example. Unbuckled drivers are more likely to have unrestrained children in the car. Posted in Auto Accidents, School & Playground Injuries, Serious Personal Injury, Transportation, Wrongful Death | No Comments » CDC ISSUES WARNING OF PANDEMIC: ANTIBIOTICS ARE NOT WORKING ANYMORE AS BACTERIA RESISTANCE IS HAPPENING AT ALARMING RATE – MEAT INDUSTRY THE PROBLEM? September 1 9th, 201 3 by admin The Centers for Disease Control and Prevention (CDC) are using a scary, scary word right now: untreatable. That’s right – UNTREATABLE. According to the CDC, over 2,000,000 people every year in the United States are infected with germs that are resistant to antibiotics and medical professionals are not able to help or treat these patients. The CDC reports that 23,000 people die every year as a result. “Antibiotic resistance is rising for many different pathogens that are threats to health,” said CDC Director Tom Frieden, M.D., M.P.H. “If we don’t act now, our medicine cabinet will be empty and we won’t have the antibiotics we need to save lives.” The CDC is studying these antibiotic resistant strains and categorizing them into three levels: urgent, serious, and concerning. Results of the CDC’s research thus far has been published in a report entitled, “Antibiotic Resistance Threats in the United States, 2013.” Read the report by clicking on this image:
  • 6. pdfcrowd.comopen in browser PRO version Are you a developer? Try out the HTML to PDF API The Urgent Problem of Antibiotic-Resistent Germs Urgent threats in the report are the most serious threats to human life. The CDC finds that the urgent antibiotic resistant threats are infections resulting from things like carbapenem-resistant Enterobacteriaceae (CRE); a form of gonorrhea that isn’t cured by current antibiotics, and a form of diarrhea or gut infection called Clostridium difficile, that happens after antibiotic treatment for other things. This gut infection is particularly scary: “C. Difficile” is reported to have resulted in over 250,000 people being hospitalized because of it and over 14,000 people dying from it, every year. Use of Antibiotics in Meat Industry Is Part of the Problem Right now, the meat and poultry industries use antibiotics on animals that will be food for humans all the time. The animals are given antibiotics not only to treat disease but also as a preventative measure. Antibiotics are also given to animals that will be sold as food because it helps them grow bigger. And a bigger product is a higher price and a bigger profit.
  • 7. pdfcrowd.comopen in browser PRO version Are you a developer? Try out the HTML to PDF API This despite the warnings against using antibiotics too often, because resistance is known to develop over time. Nevertheless, the meat industry isn’t stopping its antibiotic use on its animals, and unless you specifically look for antibiotic-free poultry, beef, or pork at your local grocery, you and your family will be bringing home and injesting antibiotics along with your family meal. “Every time antibiotics are used in any setting, bacteria evolve by developing resistance. This process can happen with alarming speed,” said Steve Solomon, M.D., director of CDC’s Office of Antimicrobial Resistance. “These drugs are a precious, limited resource—the more we use antibiotics today, the less likely we are to have effective antibiotics tomorrow.” According to the CDC, half of the antibiotics used today – on humans and on animals – are not needed. Food producers are not voluntarily stopping their antibiotic programs, however. Once again, profits drive the actions of many – and it may well be that only through injury lawsuits based upon antibiotic usage in the face of research and reports like this one from the CDC that things will change. Be careful out there. Posted in Medical Malpractice, Serious Personal Injury, Work Related, Wrongful Death | No Comments »
  • 8. pdfcrowd.comopen in browser PRO version Are you a developer? Try out the HTML to PDF API FOOTBALL HELMET TO HELMET CONCUSSIONS KILLING KIDS: YOUNG ATHLETES’ DEATHS SERVE AS WARNING OF THE REAL DANGER OF FATAL FOOTBALL HEAD INJURIES September 1 7 th, 201 3 by admin Kids are dying from playing school sports – shockingly and tragically, it’s not stopping. The reality is that football helmets are not enough to prevent serious harm and traumatic brain injuries: concussions and permanent injuries to the human brain that sometimes result in the death of a young athlete. We’ve been monitoring this growing national tragedy for awhile now. For background information on how serious the threat of death is to young people playing high school and college football, check out these posts: CONCUSSION LAWS IN INDIANA AND ILLINOIS TRY TO KEEP KIDS SAFER AS THEY PLAY FOOTBALL AND OTHER SCHOOL SPORTS FOOTBALL HEAD INJURIES GET $30 MILLION FROM NFL DONATION TO NIH BRAIN INJURY RESEARCH: MANY DANGERS OF PLAYING FOOTBALL STILL BEING DISCOVERED HIGH SCHOOL FOOTBALL PLAYERS WILL PLAY EVEN AFTER HEAD INJURY AND CONCUSSION, NEW STUDY FINDS: NEED TO PROTECT KIDS FROM FOOTBALL INJURIES AND THEMSELVES BRAIN INJURIES TO KIDS AND TEENS FROM TBI CONCUSSIONS SUFFERED WHILE PLAYING FOOTBALL, HOCKEY: SPORTS HELMETS DO NOT PREVENT PERMANENT INJURY TO BRAIN Sixteen Year Old High School Football Player Died Yesterday From Head Injury Suffered During Football Game Another tragic football TBI head injury death was reported in today’s news as high school junior Damon W. Janes passed away in yesterday in a New York hospital from brain injuries he suffered while playing high school varsity football, in a “helmet to helmet” collision on the field. Damon Janes was only 16 years old. Condolences can be shared with the family on Twitter.com with the hashtag #PrayForDamon.
  • 9. pdfcrowd.comopen in browser PRO version Are you a developer? Try out the HTML to PDF API Twenty-Two Year Old College Football Player Died During Practice, Parents File Suit In other news, Derek Sheely’s family has filed a wrongful death lawsuit against Sheely’s football coaches, the manufacturer of his football helmet, and the National Collegiate Athletic Association (NCAA). (The NCAA, headquartered in Indianapolis, Indiana, is a non-profit organization of over 1200 athletic programs.) Derek Sheely was hurt during football practice camp for Frostburg University, when the young man collapsed on field sidelines shortly after a drill, after his football coach allegedly told him (according to the family’s pleadings per witnesses) that the boy shouldn’t complain about not feeling good and keep going with practice. At the time, Sheely had suffered a major brain injury and he was bleeding from his head. A week after he died from massive head trauma. The family’s lawsuit points to repeated “helmet to helmet” collisions during the football practice as causing that fatal head trauma. A foundation has been established in Derek Sheely’s name to educate players and their families about the very real problem of football injury concussions and the danger of football brain injury death. For more information on the Derek Sheely Foundation, check out this video on YouTube. _______________________ Sincerest condolences to both the Janes family and loved ones of Derek Sheely. Let us hope that between social media campaigns (Twitter, YouTube); blog posts like we are publishing;and lawsuits that are being filed, that some lives will be saved in the future from the needless and tragic death on a school football field from a traumatic brain injury concussion that a football helmet simply cannot prevent. Posted in Defective Products, Illinois Wrongful Death, Indiana Wrongful Death, Other Jurisdictions, Product Liability, School & Playground Injuries, Serious Personal Injury, Wrongful Death, brain injuries | No Comments » BEAT THE TRAIN ACCIDENTS: HUNDREDS DIE OR SERIOUSLY
  • 10. pdfcrowd.comopen in browser PRO version Are you a developer? Try out the HTML to PDF API INJURED IN RAILROAD TRAIN CRASHES – DON’T BE IMPATIENT TO BEAT THE TRAIN September 1 2th, 201 3 by admin Hundreds Die Each Year In Train Accidents Between January and June this year, 397 people died in a train accident in the United States. Railroad crossings are dangerous spots, filled with crossing arms, flashing lights, and as the train approaches, often the sound of the train’s warning whistle as it comes closer to the intersection of track and roadway. Still, many people are confident that they can “beat the train” and it’s a huge risk. If someone decides they can “beat the train” and they are wrong, then all too often they pay for their miscalculation with serious injuries or death for themselves as well as any passengers in their vehicle. Beat the Train? Don’t Risk It: Consider These Tragic Stories — Serious Injuries and Deaths All In the Past 90 Days 1. Muncie man fighting for his life after trying to beat the train This morning, news out of Muncie is that Freddie Cooper is fighting for his life in an Indiana hospital after being struck by a train last evening as he was trying to cross the railroad tracks on foot. Mr. Cooper was hit by the train, estimated to be going around 25 MPH, and is now in serious condition. According to news reports, Mr. Cooper was trying to beat the train because he was late for work; witnesses saw him running, and then being thrown between 30 – 40 feet when the train hit him. 2. Teens in SUV trying to beat the train have fatal crash with moving train at Sullivan crossing This news comes only a short while after three kids driving an SUV tried to beat the train in Sullivan, Indiana, as the moving train was coming toward the street crossing. Witnesses said that the SUV slowed down at the railroad crossing, then the driver opted to try and cross before the train arrived — mistaking how fast the train would get to the crossing and despite the train’s warning whistle. Tragically, two of the teenagers in the vehicle were seriously injured and the 16 year old boy sitting in the front passenger seat died in this train crash.
  • 11. pdfcrowd.comopen in browser PRO version Are you a developer? Try out the HTML to PDF API 3. Two Waukesha beat the train accidents within weeks of each other In July, a train left Chicago on its way to Fond du Lac, and on its way crashed into James Hart, who reportedly told police that he was trying to beat the train when he crossed the railroad tracks despite being hampered from fast movement due to his use of a cane. The 131 car train hit Mr. Hart while he was on the tracks but miraculously, he survived with injuries that included two broken legs and a broken right arm. The next month, another train accident happened in Waukesha, when Lauri Ahl tried to cross the railroad tracks before the train arrived. In what has been described as another “beat the train” accident, Ms. Ahl seemed aware of the train’s approach but made a mistake in determining how fast it was going as she attempted to cross the tracks despite being physically challenged from moving quickly due to walking with a limp. Railroad Crossings and Moving Trains Are Dangerous – Be Careful! According to the National Highway Traffic Safety Administration (NHTSA) and Operation Lifesaver:
  • 12. pdfcrowd.comopen in browser PRO version Are you a developer? Try out the HTML to PDF API 1. Most train accidents (3 out of 4 crashes) happen close to home (within 25 miles of the residence). 2. Half of all train crashes happen within 5 miles of home. 3. The risk of death in a train crash for a U.S. motorist is 20 times HIGHER than their risk of dying in an accident with another motor vehicle. Railroads are heavily regulated by both state and federal law because, as common carriers, they are deemed to have a special duty to the public – and because trains are so very dangerous. These are huge and heavy machines that move at high speeds and cannot stop quickly. A fast moving train cannot stop on a dime and as a result, many crashes and fatal accidents occur as the train is screaming its whistle and trying to stop before impact. For those injured or killed in a train crash, there will be the debated legal issues of duty, breach, and assumption of the risk of injury or death. Liability for train accidents can be complicated as well by factual issues such as the conditions of the roads and rails and the possible malfunction of equipment in either train or vehicle. Train accident claims and lawsuits are usually very sad and very horrific cases for juries as well as heart- wrenching tragedies for the families and loved ones. Be careful out there. Posted in Airplane & Train Crashes, Illinois Wrongful Death, Indiana Wrongful Death, Pedestrian Accidents, Railroad Workers (FELA), Serious Personal Injury, Transportation, Wrongful Death | No Comments » YOUNG DRIVERS WORKING ON THE JOB DRIVING CAR, TRUCK, VAN HAVE HIGHEST WORK-RELATED DEATH RATES: NEW FEDERAL FACT SHEETS FROM NIOSH September 1 0th, 201 3 by admin The National Institute for Occupational Safety and Health (NIOSH) continues its fight against car crashes and traffic accidents where young people are seriously injured or killed while driving a vehicle as part of their job. Statistics show that work-related deaths among Americans between the ages of 16 and 24 years are caused most often by motor vehicle accidents. Kids and young adults doing all sorts of things from delivering pizzas to driving tractors or delivery trucks for a farm-related concern sadly can result in that child being injured or killed in a crash.
  • 13. pdfcrowd.comopen in browser PRO version Are you a developer? Try out the HTML to PDF API NIOSH research (2003 – 2010) reveals the following facts regarding young drivers driving vehicles as part of their work duties: 843 workers between the ages of 16 to 24 died in motor vehicle crashes at work. These deaths made up 22% of all on the job, workplace fatalities for this young adult (16-24 age) group. In 67% of these crashes, sadly it was the young adult driving the vehicle on the job that was involved in the crash. New Publications From NIOSH and CDC – Young Workers’ Safety When Driving Vehicles For Work Duties This month, NIOSH published two new fact sheets for distribution among parents of these young workers as well as among the workers themselves, and another for employers. Both are designed to educate people on ways to keep young workers safe from serious injuries and death while driving as part of their job. “Young people are the future of our workforce and bring fresh ideas and energy into the workplace, however their lack of experience may also place them at higher risk of workplace injuries,” said NIOSH Director John Howard, M.D. “Resources, like these fact sheets, are important in helping everyone understand how we can make the workplace safe, while embracing these new workers.” Both fact sheets (here and here) detail the risks facing these young on-the-job drivers as well as providing recommendations on how the drivers as well as their employers and their parents can work together to minimize the danger that the driver will be involved in an accident or crash while driving a car or truck or van as part of their job and facing serious harm or death from their injuries. The Parent Fact Sheet: When Your Child Drives as Part of Their Work – Risks Facing Young Drivers on the Job Teenagers and young adults with a state driver’s license may work on a job that requires them to get behind the wheel as part of their job duties. They may deliver pizza, for example. They may deliver newspapers using a car or truck. Perhaps they run errands for the boss, or pick up kids from school as a part of care-taking duties. Whenever a teen or young adult drives a vehicle for work, parents need to know that this is part of their job duties and parents should know the risks that these drivers are facing
  • 14. pdfcrowd.comopen in browser PRO version Are you a developer? Try out the HTML to PDF API here. From the NIOSH fact sheet, for example, are the following facts – answering the question ‘why are young drivers at greater risk of serious injury or death in an accident while driving on the job?’ as NIOSH research points to these factors as contributing to higher risk of serious accidents and crashes among teenage and young drivers on the job: 1. New to driving: Driving inexperience, including difficulty in recognizing and responding to traffic hazards 2. Being tired: Fatigue 3. Not wearing a safety belt: Inconsistent seat belt use 4. Over-confidence in driving skills: Tendency to overestimate driving skills 5. Wanting to please the boss: Desire to meet employer time expectations 6. Social media: Distracted driving – talking on cell phones,text messaging, 7. Distractions in the vehicle: adjusting controls (music), eating and drinking, or interacting with other passengers 8. Just being Young: Immaturity – poor impulse control, judgment, and decision- making skills It’s commendable for teens and young adults to have a job and to be entrusted with driving a vehicle as part of that work. However, serious car accidents kill young Americans as well as cause serious injuries that are life-altering, where long-term care is needed (therapy, surgeries, etc.) and where futures are irretrievably changed. For those who have been injured or wrongfully died in a work-related accident or crash while driving a vehicle on the job, state laws do provide for claims to be made in the pursuit of justice. However, being prepared to prevent these tragedies from happening at all is obviously the better course, and spreading the word about these online Fact Sheets is encouraged. Be careful out there.
  • 15. pdfcrowd.comopen in browser PRO version Are you a developer? Try out the HTML to PDF API Click on the image to read and download the NIOSH Parents Fact Sheet for Young Drivers On the Job. Posted in Auto Accidents, Bus Crashes, Illinois Wrongful Death, Indiana Wrongful Death, Job Site Injury, Motorcycle Accidents, Serious Personal Injury, Spinal Injuries, Transportation, Work Related, Workers’ Compensation, Wrongful Death, brain injuries | No Comments » MOPEDS AND SCOOTERS GROWING IN POPULARITY AS INJURY AND DEATH RATES FOR MOPEDS RISE: WILL INDIANA LAWS CHANGE? September 5th, 201 3 by admin This week in Indianapolis, the American Bikers Aimed Toward Education (ABATE) hosted a discussion about how to increase the safety of mopeds (low power motorcycles), scooters, and motorized bicycles in the State of Indiana, where ABATE argues Indiana law is not clear enough on protecting owners and riders of these vehicles from harm.
  • 16. pdfcrowd.comopen in browser PRO version Are you a developer? Try out the HTML to PDF API The “Scooter Summit” or “Moped Meeting” was held yesterday morning in Indianapolis at Speed City Cycle, 3464 W. 16th Street; the public was invited to participate in the discussions there, along with law enforcement agencies, insurance company representatives, and motorcycle (moped, scooter, motorized bicycle) dealers. The question is: will Indiana law change to make it safer for mopeds to be on the roads here? Mopeds Are Not Viewed the Same as Larger Motorcycles A moped is considered to be light, easy to drive, and slow; a motorcycle is larger, requires a level of skill to operate; and is much more powerful. Mopeds or scooters serve a different purpose and usually have a different kind of driver: students, for example, often find mopeds to be economical and efficient forms of transportation around school campuses and college neighborhoods. In the United States, each state defines and regulates these small vehicles differently. For example, as a general rule, states limit a moped’s top speed at 30 MPH although some hold moped legal speeds even lower, at 20-25 MPH. Indiana law currently considers a moped as a motorized bicycle. However, ABATE is arguing for the Indiana lawmakers to rethink this perception and change the state law to recognize mopeds as low-speed motorcycles, giving them stricter legal requirements for driving and riding in order to make mopeds safer on Indiana roads. Indiana Statutes For Mopeds IC 9-21-11-12 – Motorized bicycles; prohibitions on operation; conditions: http://www.in.gov/legislative/ic/2010/title9/ar21/ch11.html Sec. 12. A motorized bicycle may not be operated under any of the following conditions: (1) By a person less than fifteen (15) years of age. (2) By a person who has not obtained an identification card under IC 9- 24, a permit under IC 9-24, an operator’s license under IC 9-24, a chauffeur’s license under IC 9-24, or a public passenger chauffeur’s license under IC 9-24. (3) On an interstate highway or a sidewalk. (4) At a speed greater than twenty-five (25) miles per hour.
  • 17. pdfcrowd.comopen in browser PRO version Are you a developer? Try out the HTML to PDF API IC 9-21-11-13 – Persons under 18 years of age; operation of motorized bicycle; safety equipment Sec. 13. A person less than eighteen (18) years of age who operates or rides a motorized bicycle on a street or highway shall do the following: (1) Wear protective headgear meeting the minimum standards set by the bureau or a helmet that meets the standards established by the United States Department of Transportation under 49 CFR 571.218 in effect January 1, 1979. (2) Wear protective glasses, goggles, or a transparent face shield. As added by P.L.2-1991, SEC.9. IC 9-21-11-14 – Violations; Class C infraction Sec. 14. A person who violates this chapter commits a Class C infraction. Motorcycle and Moped Injuries on the Rise The National Institute of Health is collecting and publishing studies on the dangers to drivers of mopeds and scooters in the United States now that research has revealed that not only has there been a 20 year gap in the study of moped / scooter crash injuries in this country but that the last studies are over 20 years old. Meanwhile, these have become very popular modes of transportation with moped sales skyrocketing 60% over the past few years. Using 2011 Florida data, the NIH recently published research from the University of Florida that found: More than 90% of drivers involved in moped or scooter crashes were uninsured. Only 17% of all drivers wore helmets. Alcohol and drug use was a significant risk factor of severe and lethal crashes Risk factors for increased severe or lethal injury were unpaved roads; driving speeds >20 mph; posted speed limits >30 mph major roadways with four or more lanes; and poor lighting conditions. In Indiana last year, researchers at the Indiana Criminal Justice Institute found over a 5% increase in motorcycle and moped crashes in Indiana from the total crashes in 2011 and 2012. The CJI reports that:
  • 18. pdfcrowd.comopen in browser PRO version Are you a developer? Try out the HTML to PDF API “Moped operators and passengers were the fastest growing individual components of overall [Indiana] motorcycle collisions over both the 2008 to 2012 period and 2011 to 2012.” ____________ Motorcycle accidents and moped crashes often result in serious injuries or wrongful death for their drivers and passengers. Efforts to make the roads safer for mopeds, scooters, and motorized bicycles are welcomed – and needed. Posted in Indiana Wrongful Death, Motorcycle Accidents, Serious Personal Injury, Spinal Injuries, Transportation, Wrongful Death, brain injuries | No Comments » PREVENTING DEATHS FROM HEART DISEASE AND STROKE BY IMPROVING CARE: NEW CDC REPORT REVEALS MANY PEOPLE ARE DYING NEEDLESSLY September 3rd, 201 3 by admin A new report from the Centers for Disease Control and Prevention (CDC) finds that there are were over 200,000 deaths from heart disease and stroke in 2010 in the United
  • 19. pdfcrowd.comopen in browser PRO version Are you a developer? Try out the HTML to PDF API States that need not have happened, and that over half of the people who died from these preventable causes were under the age of 65. Read the full report online here, entitled “Preventable Deaths from Heart Disease & Stroke: Improving care can save more lives.” It is known that cardiovascular diseases are responsible for 1 in 3 deaths in this country. This is true even though the CDC report confirms that most of these diseases can be managed or even prevented in the first place by addressing three risks: 1. Age – Death rates in 2010 were highest among adults aged 65-74 years (401.5 per 100,000 population), which is understandable. However, preventable death rates have fallen faster for elders (those aged 65–74 years) when compared to those under age 65. 2. Race/ethnicity – According to the CDC, blacks are twice as likely as whites to die from preventable heart disease and stroke. Black men have the highest risk of all groups and Hispanic men are twice as likely as Hispanic women to suffer a fatal heart attack or stroke. 3. Sex — Men died from preventable deaths due to heart disease, stroke and high blood pressure at a much higher rate than women (83.7 per 100,000 for men compared to 39.6 per 100,000 for women. “Despite progress against heart disease and stroke, hundreds of thousands of Americans die each year from these preventable causes of death,” said CDC Director Tom Frieden, M.D., M.P.H. “Many of the heart attacks and strokes that will kill people in the coming year could be prevented by reducing blood pressure and cholesterol and stopping smoking.” Part of the responsibility of stopping these kinds of preventable deaths lies with the individual. However, the CDC points out that health care professionals also have a duty here. From the Report: Health care systems and providers can also: Use electronic health records to identify and support patients who need help quitting smoking or who have high blood pressure or high cholesterol. Refer patients to community resources, such as smoking quit-lines and blood pressure self management programs. Track patient progress on the ABCS of heart health — Aspirin when appropriate, Blood pressure control, Cholesterol management, and Smoking cessation.
  • 20. pdfcrowd.comopen in browser PRO version Are you a developer? Try out the HTML to PDF API It’s important to be aware of the risk factors and to take care of yourself. However, it’s also important for doctors, clinics, nursing homes, care facilities, and others to be doing their part not only to educate but also to monitor your heart risk factors, particularly if you are in a high risk group. Posted in Illinois Wrongful Death, Indiana Wrongful Death, Medical Malpractice, Serious Personal Injury, Work Related, Wrongful Death, brain injuries | No Comments » ARE YOU PREPARED FOR AN EMERGENCY? SEPTEMBER IS NATIONAL PREPAREDNESS MONTH August 29th, 201 3 by admin September is National Preparedness Month and all sorts of events are being planned to help people plan ahead so they can be ready to deal with an unexpected disaster. When these big disasters hit they are often fast and without sufficient warning to get prepared for them when they’re coming your way, so the time is now to prepare you and your family for this type of emergency. Later, you can decide if you need to take further steps to take care of your family after the event has happened (medical care, moving, etc.) as well as determining if you have legal action available for damages you have sustained. Right now, it’s important to be prepared for the unknown.
  • 21. pdfcrowd.comopen in browser PRO version Are you a developer? Try out the HTML to PDF API For those living in Indiana or Illinois, this may not be a hurricane like those in New Jersey experienced with Hurricane Sandy or the current firestorm that people living near the big Yosemite Park fire in Northern California are facing, but there are many other kinds of events which organizations like FEMA (Federal Emergency Management Agency) identify as potential disasters that everyone should be prepared against, including: Natural Disaters (Floods, Severe Weather, Thunderstorms and Lighting, Wildfires, and Winter Storms/Extreme Cold) Technological and Accident Hazards (Blackouts, Hazardous Materials Incidents, Household Chemical Emergencies, Nuclear Power Plants)(map of Illinois’ Nuclear Power Plants) Terrorist Hazards (Biological Threats, Chemical Threats, Cyber Attack, Explosions, Nuclear Blast, Radioactive Dispersion Device) Illinois and Indiana Disasters Tracked by FEMA This year, Illinois residents have suffered from severe storms with flooding and powerful winds and in May 2013 this event was given a federal Major Disaster Declaration. Past years have also seen Illinois suffering similar natural disasters – including tornadoes back in 2009.
  • 22. pdfcrowd.comopen in browser PRO version Are you a developer? Try out the HTML to PDF API Indiana, likewise, has experienced several disasters coming in the form of severe storms, with flooding, high winds, and tornadoes. Fortunately, no event has warranted being recognized as a Major Disaster by the federal government this year. Indiana Homeland Security Survey Underway – How Prepared is Indiana? This week, the Indiana Department of Homeland Security (IDHS) began making sure that Indiana citizens are aware of these disaster possibilities and ready to deal with any of these events, should they hit, by conducting an online survey to check what residents know and what steps they have take to be prepared in the event of an emergency. You can take the ten minute online survey at the IDHS website’s Featured Topics Section: “IDHS Citizen Preparedness Survey 2013.” “Being ready for a major disaster is very important and the basics of a kit can be put together without a lot of effort or money,” said IDHS Senior Public Information Officer John Erickson. “Having a preparedness kit can make the aftermath of an emergency or disaster easier for individuals and emergency responders. We hope that this survey will remind Hoosiers of the importance of being prepared and what they can do to improve their level of preparedness.” Preparing Your Family for An Unexpected Disaster FEMA has prepared a YouTube video to help families prepare in advance for times when their lives may be uprooted due to an unexpected event, explaining how to put together a Family Emergency Preparedness Kit: watch it here. Posted in Serious Personal Injury, Transportation, Wrongful Death | No Comments » BUS CRASHES AND BUS SAFETY TARGET OF TWO WEEK FEDERAL CRACKDOWN – SURPRISE INSPECTIONS FOR DANGEROUS BUSES ON THE ROAD AS MORE BUS CRASHES MAKE NEWS August 27 th, 201 3 by admin Bus crashes happen much more often than people realize, and bus passengers end up
  • 23. pdfcrowd.comopen in browser PRO version Are you a developer? Try out the HTML to PDF API Bus crashes happen much more often than people realize, and bus passengers end up seriously injured or killed. Last week, a California tour bus carrying over 50 people to a casino vacation rolled over on a California freeway near Los Angeles, and 52 bus passengers suffered injuries; luckily, no fatalities were reported. This is just another example of how people boarding buses for vacations, to go to school or church, or for daily transport to work or to shop, are at real risk of being seriously hurt in a bus crash. More examples within the past few weeks of serious bus accidents that did result in fatalities were detailed in our recent post, “FOUR SERIOUS BUS CRASHES IN THE NEWS THIS WEEK: HOW DANGEROUS IS IT FOR YOU OR YOUR KIDS TO RIDE ON A BUS.” FMCSA Crackdown on Bus Crash Dangers Across the Country – Surprise Inspections Apparently, the federal government has taken note of these bus crashes routinely making the national news. This week, the Federal Motor Carrier Safety Administration (FMCSA) announced that it is implementing country-wide bus inspections over the next two weeks. FMCSA is sending out a group of federal bus inspectors which it describes as its “strike force,” to conduct surprise inspections of buses being used in all parts of the nation – and the FMCSA bus inspectors are going to be dropping in to check on new bus companies to insure that they are complying with federal bus safety standards, too. During these two weeks’ surprise bus inspections, the FMCSA group will be supported by additional manpower provided by law enforcement agencies. It’s not a blanket review of every bus on the roads, though: certain bus companies are the focus of this “dangerous bus hunt” and bus passengers should not feel secure that the bus they planning on riding in the next few weeks or months has been okayed by a surprise federal inspection. What will they be checking on these buses? Surprise FMCSA bus inspections are targeting known danger spots on buses, including brakes and tires. Bus driver records will be reviewed, too, to make sure that the drivers have the proper driving expertise and that they are meeting the new HOS (hours of service) regulations. “Aggressive strike force inspections help save lives on our roadways and
  • 24. pdfcrowd.comopen in browser PRO version Are you a developer? Try out the HTML to PDF API protect people who travel by bus,” said Federal Motor Carrier Safety Administrator Anne S. Ferro. “Strong enforcement efforts will increase safety and reduce serious crashes that result in death and injury.” Phone App to Check Safety of Buses Before Riding Them The federal government is also providing people thinking about riding a bus, or putting their kids on a bus, a phone app to check the safety of that bus company. This can be downloaded for free from the FMCSA’s web site on its “saferbus” page. (It will work with iPhone, iPad, and Android operating systems.) Click on the image below to learn more about this app and where to download it: _____________________________ Bus crashes and bus passenger injuries in a bus accident are real. Most assume that they are rare, but more and more news stories are reporting about buses being hit, rolling over, colliding with highway medians, slamming into the backs of vehicles (rearending), having tire blowouts, and other bases for serious accidents on the roads. It’s a real problem out there, something that parents putting kids onto buses for school or camp as well as adults taking buses on vacations or travel trips need to recognize.
  • 25. pdfcrowd.comopen in browser PRO version Are you a developer? Try out the HTML to PDF API Be careful out there. Posted in Bus Crashes, School & Playground Injuries, Serious Personal Injury, Spinal Injuries, Transportation, Wrongful Death, brain injuries | No Comments » « Older Entries