Attorney Blog

Kentucky Toyota Accidents Affect on Car Reviewers

mwhite@franklingrayandwhite.com (Blog Author)27121 — Mon, 22 Feb 2010 08:00:00 EST

We are all familiar with the problems that Toyota is facing after recalling millions of vehicles to repair sticky accelerators and loose floor mats. As you can imagine, it has inconvenienced countless of customers globally and has increased the risk of Louisville Toyota accidents.

Another concern that has recently surfaced is the credibility on the system of independent ratings and reviews that so many have come to rely on when choosing their next vehicle. Toyota has always received high marks for reliability and safety which has arguably been one of the reasons that the Japanese company has become the world’s largest automaker.

The big concern is that ratings from private groups may not reflect Toyota’s recall and the fact that a dozen fatalities have been linked to the faulty gas pedals and floor mats since 1999. A majority of the ratings are determined by tests by either private groups or by the government. Since the testing for these issues has been limited, Toyota may still be receiving high marks in the area of safety and reliability. As you can imagine, this cold cripple the integrity of the rating system.

If you or someone you know owns a Toyota, you owe it to yourself and your loved ones to check with the manufacturer to determine if your car is on the recall list.

If you have been injured in a Kentucky Toyota accident, you should contact an experienced Louisville car accident attorney at the Law Offices of Franklin Gray & White at (502) 637-6000 or (800) 637-6033.

Things You Should Know About Infant Brain Injury in Kentucky

mindywein@cox.net (Blog Author)26844 — Tue, 16 Feb 2010 08:00:00 EST

Most parents are aware of the fact that a child can suffer a wide array of birth injuries during the birth process. However, did you know that most of these injuries occur while the baby is passing through the birth canal?

What you may also not know is that one of the most serious types of birth injuries includes brain injuries. As you can imagine, a brain injury to a baby can be serious.

It is common knowledge that in a normal birth, the head is the first part of the baby's body that enters the birth canal. While the baby is in the birth canal, the baby's head is exposed to a lot of pressure, rendering the child to possible head and brain injuries.

Unfortunately, these injuries can be life threatening. The injury may cause bleeding in the baby's brain or even cause the skull to become fractured.

What's even more alarming is the fact that some of these injuries can be prevented and are sometimes caused by negligence. If your child has suffered a brain injury at birth then you owe it to yourself and to your baby to determine if the injury could have been prevented

If you or someone you know has a child who has sustained a birth injury that you think could have been avoided, you should contact a Louisville birth injury attorney at the Law Offices of Franklin Gray & White at (502) 637-6000 or (800) 637-6033.

A Brachial Plexus Injury Can Be Treated

mindywein@cox.net (Blog Author)25870 — Fri, 29 Jan 2010 08:00:00 EST

Imagine being told that your newborn has suffered a birth injury. This fear is one that many parents face. Unfortunately, it happens way too often. One type of birth injury that impacts 1 to 3 out of every 1,000 live births is a brachial plexus injury.

According to MayoClinic.com, a brachial plexus injury is an injury “to the networks of nerves that sends signals from your spine to your shoulder, arm and hand.” It generally happens when these nerves are stretched or torn.

Fortunately, this injury is generally detected with the first 24 hours of birth. As you know, a newborn generally moves their arms and legs. You should be concerned that your baby has suffered a brachial plexus injury if there is very little or no movement.

The good news for parents is that there are treatment options available. Three of the most common treatments include range of motion exercises, physical therapy and surgery.

So what do you do if your child has suffered a brachial plexus injury at birth? Did you know that you might be able to hold the doctor liable for medical malpractice? You owe it to yourself and your baby to contact an experienced attorney to see if you have a case.

If you or someone you know has a child that has suffered a brachial plexus injury at birth, you should contact a Louisville birth injury attorney at the Law Offices of Franklin Gray & White at (502) 637-6000 or (800) 637-6033.

Children Can Sustain Serious Brain Injuries From Trucking Accidents

mindywein@cox.net (Blog Author)25302 — Tue, 19 Jan 2010 08:00:00 EST

The devastation left by a Kentucky truck accident is unimaginable. Serious injuries and death often result from these catastrophic wrecks. When children are involved, they become at risk of sustaining severe brain injuries.

Children suffer head injuries at an alarming rate. It has been estimated that 100,000 U.S. children are hospitalized each year due to head trauma. Many medical experts feel that children are especially prone to suffering permanent brain damage, since their skulls are not as strong as adults’.

It can take years to realize the full effect of a child brain injury. The functions of the frontal lobe do not develop until a child is older, so if this area of the brain is damaged, the signs may not manifest until later. The frontal lobe functions involve social skills.

Since there is little history for the doctors to go on, when a child suffers a brain injury, it can be challenging to determine the extent of damage. When an adult sustains a brain injury, the doctor will be able to review academic records, employment history and other information that would indicate skills and intelligence. This data is not available for a child.

If your child has sustained a serious brain injury resulting from a Kentucky truck accident, contact an experienced Louisville truck accident lawyer at Franklin, Gray and White today at (502) 637-6000 or (800) 637-6033.

For more information on this topic, read the article, A Truck Accident Can Cause a Child Brain Injury.

BELOW AVERAGE KENTUCKY NURSING HOMES: Is your loved one in nursing home that falls below average?

mwhite@franklingrayandwhite.com (Blog Author)25118 — Fri, 15 Jan 2010 08:00:00 EST

Ten nursing homes in Kentucky, including one in Lexington, are among the most poorly performing in the United States, according to a report by the U.S. Government Accountability Office which provides oversight of federal agencies for Congress. The nursing home receiving the worst scores in Kentucky was also the second most poorly performing nursing home in the United States. Only 15 states had more poorly performing nursing homes than Kentucky, according to the report. Records show that some of the Kentucky nursing homes named in the report as being the worst had also been cited by state inspectors for creating a substantial risk of death or serious physical harm to residents.

Three Kentucky nursing homes are on both the GAO list and a list of chronically troubled nursing homes compiled by the Centers for Medicare and Medicaid Services. They are Richmond Health and Rehabilitation Complex-Madison — also known as Madison Manor — Britthaven of Somerset and Cambridge Place in Lexington.

Chain-affiliated homes

Using federal data from December 2008, the GAO found seven more nursing homes in Kentucky that performed poorly than the federal Centers for Medicare and Medicaid Services did.

The Centers for Medicare and Medicaid Services updated its list in October, saying that Britthaven and Cambridge had shown improvement but that Madison Manor had not shown any improvement in its most recent inspection in June.

Madison Manor is the Richmond nursing home where in 2008 the abuse of a resident was caught on a video camera hidden by her family.

Cindi Simpson, regional director of operations for the nursing home corporation Extendicare, which owns Madison Manor, said this week that Madison Manor and another nursing home on the GAO list, Salyersville Health Care Center, are now in substantial compliance with state and federal regulations.

"While we recognize both centers have had regulatory inconsistencies in the past, we firmly believe in providing high-quality care," said Simpson.

The GAO report said the federal Centers for Medicare and Medicaid Services should do a better job of identifying the most poorly performing homes. The GAO said the nursing homes tended to be chain affiliated and for-profit, have more beds and residents than others, and have registered nurses spending fewer hours with residents each day.

Nationally, the federal Centers for Medicare and Medicaid Services had only 136 on its list compared with 580 nursing homes on the GAO list.

If you believe a loved one has been mistreated in a Kentucky Nursing Home contact Matthew White at mwhite@franklingrayandwhite.com for a FREE CONSULTATION.

MASS TABS AND STEROIDS

mwhite@franklingrayandwhite.com (Blog Author)25062 — Thu, 14 Jan 2010 08:00:00 EST

Mass Tabs, made by IDS Sports, are udner investigation for containing steriods. The active ingredients found in each tablet include kudzo extract, trifolium pratense extract, fenugreek seed powder, tribulus terrestris extract, methylstenbolone, avena sativa extract 10:1, pygeum africanum bark extract 4:1, milk thistle, maca powder extract, epimedium leaf, bacopa monniera extract 4:1, rhodiola rosea, and nettle leaf powder. Anyone that has taken Mass Tabs may be at risk for liver damage. If you have taken Mass Tabs you may have a claim. Please contact Matthew White at mwhite@franklingrayandwhite.com for a FREE CONSULTATION.

Raising a Child with Cerebral Palsy

mindywein@cox.net (Blog Author)23779 — Mon, 21 Dec 2009 08:00:00 EST

Imagine finding out that your child has been diagnosed with cerebral palsy. Unfortunately, thousands of parents live this nightmare in the United States every year. As a matter of fact, the U.S. Centers for Disease Control and Prevention report that 1 in 278 children are diagnosed with this serious, life-altering condition.

What is even more alarming is the fact that some children develop cerebral palsy from a birth injury.

Raising a child with cerebral palsy can be challenging, to say the least. It can be time consuming, as well as very expensive to make sure a child with this condition receives the proper care. It can be emotionally draining for a parent, since the child will require special attention and specialists to meet their needs.

Taking care a child diagnosed with cerebral palsy can become a financial hardship for the family. It is estimated that raising a child with this condition can cost as much as three to four times more than raising a child without cerebral palsy.

If you or someone you know has a child that has developed cerebral palsy from a birth injury, you should contact a Louisville medical malpractice attorney at the Law Offices of Franklin, Gray & White at (502) 637-6000 or (800) 637-6033.

Couple Loses Their Lives in Tractor-Trailer Wreck

tnewman@franklingrayandwhite.com (Blog Author)23487 — Tue, 15 Dec 2009 08:00:00 EST

From the Courier-Journal:

"A husband and wife from Austin, Ind. were killed Sunday when they were struck on northbound Interstate 65 and veered into oncoming traffic, where they were hit by an oncoming tractor-trailer.

Indiana State Police responded to the crash scene in the area of mile marker 32 just before 1 p.m. Sunday."

[Continue Article]

Truck accidents occur on interstates across the Commonwealth of Kentucky. The law firm of Franklin Gray & White represents the victims of truck and auto accidents. If you or a loved one were injured in an accident involving a truck, semi, and/or commercial vehicle, protect your rights. Contact the experienced legal team at Franklin Gray & White for your free consultation.

For further information on truck and auto accidents please see here, or see our online library.

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Are Hospitals Exposing Patients to Over-Radiation?

mwhite@franklingrayandwhite.com (Blog Author)23485 — Tue, 15 Dec 2009 08:00:00 EST

The following is a link to a CNN news segment regarding recent studies linking CT scans to cancer:

[View Story]

The reports forming the basis of this segment are disturbing. Currently firms across the country are investigating reports that patients may have been over-exposed to radiation as the result of hospital negligence. The law firm of Franklin Gray & White represents the victims of hospital negligence and other medical malpractice. If you or a loved one believe you are the victim of hospital negligence, please contact the law firm of Franklin Gray & White for your free consultation.

Are Pharmaceutical Companies Keeping Tabs on You?

mindywein@cox.net (Blog Author)23462 — Tue, 15 Dec 2009 08:00:00 EST

We would all like to think that information about the medications our doctors are prescribing to us is confidential. What if it is not? What if pharmaceutical companies are keeping tabs on what your doctor is prescribing to you to assist in their sales and marketing campaigns? That is exactly what may be happening.

Pharmaceutical companies have been monitoring the types of drugs physician are prescribing to patients for their own sales and marketing purposes. You may not think that this is serious; however, it can lead to major repercussions. That is why healthcare advocates and legal authorities are becoming concerned.

You can rest assured that your personal information is not being released. However, the negative impact from the use of this information can lead to marketing and sales reps pushing alternative drugs made by their own companies.

The concern is that these tactics may interfere with your doctor’s decision making when prescribing you a drug. What if this caused your doctor to prescribe you a medication before actually taking the time to sift through the studies and carefully weighing the results of the prescription? The result could be deadly.

If you or someone you know has been harmed by a drug error, you should contact an experienced Louisville medical malpractice attorney at the Law Offices of Franklin Gray & White at (502) 637-6000 or (800) 637-6033.

Three Tractor-Trailers Involved In Deadly Kentucky Accident

mwhite@franklingrayandwhite.com (Blog Author)23103 — Tue, 08 Dec 2009 08:00:00 EST

From WAVE 3:

"A deadly crash early Tuesday in Hart County closed part of Interstate 65 for nearly 12 hours.

According to Kentucky State Police, around 4:20 a.m. Tuesday, two tractor-trailers had an accident at the 65-mile maker northbound. The rigs involved in the original accident were then hit by a third tractor-trailer which caused an explosion.

The driver of the third truck died at the scene."

[Continue Story]

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Slick Roads Cause Problems For Kentucky Drivers

mwhite@franklingrayandwhite.com (Blog Author)23033 — Mon, 07 Dec 2009 08:00:00 EST

From the Louisville Courier-Journal:

"Three people, including two children, died on slick roads in Kentucky and a Louisville Metro Police officer was hit by a skidding vehicle after light snow and sleet fell overnight Monday.

In Meade County, the two children died and their mother was seriously injured when their sport-utility vehicle crossed over the center line on Kentucky 144 near Payneville and crashed head-on into a truck around 7:30 a.m. Monday, Kentucky State Police said. The children, 6-year-old Michael F. Foushee and 2-year-old Adison Foushee, were pronounced dead at the scene. Their mother, Carissa Foushee, 30, was transported to University Hospital in Louisville with life-threatening injuries. The driver of the truck was not seriously hurt.

[Continue Article]

Kentucky car drivers and truck operators need to be extra cautious about inclement weather as we get into the winter months. If you or a loved one find yourself the victim of a careless driver, contact the experienced legal team at Franklin Gray & White for your free consultation.

For further information on truck and auto accidents please see here, or see our online library.

Truck Wrecks Plague Stretch of Northern Kentucky Highway

mwhite@franklingrayandwhite.com (Blog Author)22851 — Thu, 03 Dec 2009 08:00:00 EST

From the Cincinnati Enquirer:

"Here, at the busiest place for trucks in the region, one major crash can shut down the system. About 47,500 trucks pass through this 1.4-mile stretch of Interstate 71/75 every day - nearly 2,000 every hour, or one every two seconds.

The wreck that took place on the rainy afternoon of Sept. 24 shows how big a traffic mess can result - even when fatalities aren't involved.

Truck driver William Henderson of Detroit was headed south when he hit a slick curve and his empty trailer jackknifed. The trailer broke apart, sending an axle skidding across the highway. It smashed into the concrete divider, throwing blocks of it into northbound traffic, damaging two vehicles.

No one was seriously hurt, although Henderson was hospitalized briefly.

Both northbound and southbound traffic was alternately shut down for 1½ hours, not to reopen until after 3 p.m., leaving the highways backed up for the start of afternoon rush hour. Commuters were pushed onto other routes, such as Interstate 471, that were already full."

[Continue Article]

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Tiger Woods To Be Charged With Careless Driving

mwhite@franklingrayandwhite.com (Blog Author)22743 — Wed, 02 Dec 2009 08:00:00 EST

From ESPN:

"Tiger Woods will be cited for careless driving in a car crash outside his Orlando-area mansion, but will not face criminal charges, the Florida Highway Patrol said Tuesday.

Woods faces a $164 fine and four points against his driver's license, not close to enough to have it suspended. The citation closes the investigation of last week's crash.

The patrol "is not pursuing criminal charges in this matter nor is there any testimony or other evidence to support any additional charges of any kind other than the charge of careless driving," Sgt. Kim Montes said.

According to an accident report, Woods crashed his SUV into a fire hydrant and a tree at 2:25 a.m. Friday. The airbags did not deploy and Woods' wife told Windermere police she used a golf club to smash the back windows to help him out."

[Continue Article]

Tiger Woods is currently the most famous 'careless' driver in the country. Fortunately, the results of his reckless driving brought only slight harm to himself (physically). However there are many careless and reckless drivers on Kentucky highways daily. Their carelessness and recklessness often lead to great harm and catastrophic injuries to others on the road. If you believe that you or a loved one were a victim of a careless truck or automobile driver, please contact the experienced truck and auto accident attorneys at Franklin Gray & White for a FREE consultation.

Football Player To Receive $7.5 Million From University For Brain Injury

mwhite@franklingrayandwhite.com (Blog Author)22669 — Mon, 30 Nov 2009 08:00:00 EST

From Sports Illustrated:

"La Salle University will pay $7.5 million to settle a lawsuit over a severe brain injury a former football player suffered in a 2005 game.

Lawyers for Preston Plevretes (plev-REE'-tees) of Marlboro, N.J., say the brain injury occurred when Plevretes returned to play a month after he had suffered a concussion in practice.

They fault La Salle for failing to properly handle his complaints of headaches. La Salle settled the suit without admitting wrongdoing.

The 23-year-old Plevretes has limited speech, can walk only short distances and has short-term memory loss

[Continue Article]

Unfortunately, brain injuries received as the result of participating in sports are becoming too prevalent of an occurrance. However, brain injuries are often the result of medical negligence during a child's delivery, a truck or auto accident, or general medical malpractice. If you or a loved one have received a brain injury due to the negligence of another, please contact the experienced brain injury attorneys of Franklin Gray & White.

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Exhausted Truck Drivers Continue to Present Problems for Commuters on Kentucky Highways

mwhite@franklingrayandwhite.com (Blog Author)22610 — Mon, 30 Nov 2009 08:00:00 EST

From the Louisville Courier-Journal:

"The tractor trailer was the only vehicle involved in the accident and the driver, Rodney Parish, suffered minor injuries, said Carroll County Sheriff Ben Smith.

The accident happened about 3:30 a.m. at mile marker 41 between Campbellsburg and Carrollton and the lanes didn’t reopen until 11:30 a.m., a Carrollton Police dispatcher said.

Parish told police he fell asleep at the wheel, Smith said. His truck swerved and took out about 200 feet of guardrail before driving off the road and turning over, Smith said.

Parish, who works for Big M Trucking, was hauling rubber products, Smith said."

[Continue Article]

The law firm of Franklin Gray & White represents the victim of truck and auto accidents. If you or a loved one were injured in an accident involving a truck, semi, and/or commercial vehicle, protect your rights. Contact the experienced legal team at Franklin Gray & White for your free consultation.

For further information on truck and auto accidents please see here, or see our online library.

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Newborns Can Suffer From Intracranial Hemorrhage

mindywein@cox.net (Blog Author)22299 — Mon, 23 Nov 2009 08:00:00 EST

We all know how terrifying it is when we hear about a baby suffering a birth injury. Imagine how the parents feel when these injuries are serious. If you or someone you know has had a child that has suffered a birth injury, you should be concerned with the possibility of that child suffering from a condition known as intracranial hemorrhage.

This condition is caused by bleeding in the brain and is normally found in premature infants. Intracranial hemorrhage takes place when a blood vessel within the skull ruptures and affects the vital blood flow to the baby’s brain. In this scenario, the brain is not getting a sufficient amount of oxygen which can cause a serious injury to the baby.

If you have a newborn and suspect the possibility that your child has suffered a birth injury, you should look for symptoms, such as the baby appearing lethargic, poor feeding and the appearance of seizures. All of these symptoms should be taken serious and could be a sign that your baby is suffering from intracranial hemorrhage.

If your child has suffered an injury at birth, such as intracranial hemorrhage, you should contact a Louisville, Kentucky birth injury attorney at the Law Offices of Franklin Gray & White at (502) 637-6000 or (800) 637-6033.

Fatal Truck Accident On Northern Kentucky Highway

tnewman@franklingrayandwhite.com (Blog Author)22034 — Wed, 18 Nov 2009 08:00:00 EST

From the Kentucky Post:

"Three were pronounced dead after a pick-up truck and a Fed-Ex truck collided just before 4 p.m. Tuesday afternoon.

The crash occurred on U.S. 42 at Miller Owens Road in Verona, Ky., claiming the lives of the three occupants in one of the vehicles and sent the other driver to the hospital with minor injuries.

Tamara Roberts, 45, of Warsaw, was driving a 2002 Ford F-150 pick-up truck south on U.S. 42 when the Boone County Sheriff’s Office spokesman Tom Scheben said, she lost control of the vehicle and began to slide sideways into the path of an oncoming 2007 Workhorse Fed-Ex delivery van driven by Gary Hutchinson, 55, of Dry Ridge, who was heading northbound.

Scheben said that the Fed-Ex truck T-boned the pick-up truck killing the two passengers in the pick-up truck, who were both seated on the passenger side. Tamara's son Dillon Roberts, 11, who was in the front seat, and her father Dallas Wallace, 70, was sitting in the rear seat, were pronounced dead at the scene.

Tamara died en route to the hospital. None of the victims were wearing seat belts."

[Continue Story]

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Why Are Young, Athletic, and Otherwise Healthy Women Who Used Birth Control Product, Yaz, Concerned?

mwhite@franklingrayandwhite.com (Blog Author)21967 — Tue, 17 Nov 2009 08:00:00 EST

From Fox 59 News:

"Within the past year both Christine Navarro and Robyn Dunn were rushed to the hospital with life threatening blood clots. At the time Christine was taking the Yaz birth control pill and Robyn was taking its sister birth control drug Yasmin.

Both of these women were young and athletic and blame birth control for their brushes with death.

It's common knowledge that all women's oral contraceptives carry a percentage risk of health complications. But attorney's who've filed lawsuits on behalf of Robyn and Christine contend that Yaz and Yasmin from Bayer carry a greater risk.

These attorneys claim that recent study in the British Medical Journal found increased risk from the drug drospirenone unique to Yaz and Yasmin.

Representatives for Bayer, the maker of Yaz and Yasmin responded to the concerns, saying quote: "Patient safety is Bayer's top priority. Bayer's oral contraceptives have been and continue to be extensively studied and tested worldwide. Bayer reaffirms and stands behind the safety of its drospirenone containing oral contraceptives."

Doctor Ronald Johnson has prescribed oral contraceptives for his patients for 25 years including Yaz and Yasmin in recent years without issue.

"My personal experience has been that I have never had a patient that had blood clots, or pulmonary embolis, or a stroke, from taking birth control pills."

Still, Johnson says every woman should receive fair warning from her doctor."

[Continue Article/View Story]

The law firm of Franklin Gray & White is currently investigating claims regarding the use of Yaz. Franklin Gray & White is a Louisville, Kentucky based firm with significant experience representing injured consumers in national class action litigations, mass tort, and complex litigation. If you or a loved one believe you may have suffered injuries as result of the use of Yaz, please contact Matt White at Franklin Gray & White for your FREE consultation.

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Louisville Truck Accidents Can Cause Serious Brain Injuries

mindywein@cox.net (Blog Author)21613 — Wed, 11 Nov 2009 08:00:00 EST

As we all know, injuries caused by truck accidents can be some of the most serious injuries suffered on the Kentucky roadways, especially injuries to the head.

Head trauma or brain injuries are typically severe due to the extent of damage to the brain. A lot of these injuries can be permanent and lead to a lifetime of round-the-clock care. This treatment can become very burdensome to a victim’s family, as well as lead to financial troubles. The effects of a brain injury can be profound.

A head injury can occur when the head is jolted or hit by an object during an accident. It can be more serious in truck accidents since these vehicles are significantly bigger and heavier than cars, causing the force of the impact to be greater.

Treatment for a brain injury can be extensive and in many cases, requires surgery. The recovery time can be anywhere from weeks to years. Brain damage is irreversible.

The medical expenses for treatment can be staggering. You should investigate what compensation might be available, especially if the accident was caused by negligence on the part of the trucker, trucking company or truck manufacturer.

If you or someone you know has been injured in a Kentucky truck accident you should contact a Louisville truck accident attorney at the Law Offices of Franklin Gray & White at (502) 637-6000 or (800) 637-6033.

Did You Cause the Louisville Truck Accident?

mindywein@cox.net (Blog Author)20156 — Fri, 16 Oct 2009 08:00:00 EST

Did you cause the Louisville truck accident? The defense lawyers are going to try to prove that the answer to this question is, yes. The trucker, trucking company and insurer do not want to be held liable for your truck accident in Kentucky. They do not want to have to pay for your injuries, so what they will try to show is that you did something that caused the collision.

The defense team will work hard to find evidence that you were to blame for the trucking accident. For example, they will want to prove that you passed the truck unsafely, drove in the “no zone,” followed too closing or weren’t paying attention. They may even say that you were under the influence of drugs or alcohol.

Another common defense used by trucking companies is that the trucker is an independent contractor, not an employee at the time of the crash. The trucking company will use this tactic or may argue that the trucker was using the vehicle for personal reasons, and therefore, the company is not responsible.

Kentucky truck accident cases are complex and require a thorough understanding of the law, as well as the factors that are often involved in these collisions. If you have been injured in a truck accident in Louisville, you should contact Franklin, Gray and White at 502-637-6000 or 800-637-6033 for legal advice.

Research Aims to Improve Lives of Babies Born With Hypoxic-ischemic Encephalopathy (HIE)

mwhite@franklingrayandwhite.com (Blog Author)19890 — Mon, 12 Oct 2009 08:00:00 EST

From the Atlanta Journal-Constitution:

"New research shows that lowering the body temperature of oxygen-deprived newborns reduces the risk for neurological problems later.

Unfortunately, the strategy did not reduce the risk of death or severe disability.

Still, the findings, appearing in the Oct. 1 issue of the New England Journal of Medicine, help fill a crucial gap in the effort to treat babies who have brain damage due to hypoxia, or lack of oxygen.

"This is another bit of incremental evidence that hypothermia helps with hypoxia and ischemia [restriction in blood supply]," said Dr. John Ragheb, a professor of clinical neurological surgery and pediatrics at the University of Miami Miller School of Medicine, who is familiar with the study. "This is going to be a very important paper."

But many institutions already practice cooling in this context, added Dr. James Greenberg, director of the division of neonatology at Cincinnati Children's Hospital Research Foundation, making it uncertain how much the paper is actually going to change current practice.

And there's more that needs to be known, including which newborns would benefit most from the practice, and how best to apply it, he said.

Cooling body temperature, or hypothermia, has been used since the 1920s or 1930s to help with injuries and even to reduce damage after a heart attack, Ragheb noted.

But scientists are only now collecting data on how hypothermia might benefit babies born with hypoxic-ischemic encephalopathy (HIE), when severe blood deprivation to the brain results in the death of brain cells, possibly leading to cerebral palsy or mental retardation.

Previous research has focused on premature babies, Ragheb said. "This is term babies, so it expands the indication for using it."

This study, conducted in five countries, involved 325 babies who were less than six hours old who had been born near-term and who had suffered brain damage as a result of oxygen deprivation."

[Continue Article]

Hypoxic-ischemic Encephalopathy (HIE) is a serious condition that may occur as the result of medical malpractice. The law firm of Franklin Gray & White repesents victims of medical malpractice, including birth-related injuries. If your family has been the victim of a birth-related injury, such as Hypoxic-ischemic Encephalopathy, please contact, or email, the experienced attorneys of Franklin Gray & White for your free consultation.

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

What is Hyperbilirubinemia?

mwhite@franklingrayandwhite.com (Blog Author)19862 — Mon, 12 Oct 2009 08:00:00 EST

Hyperbilirubinemia is a condition that affects newborns. It occurs when there is too much bilirubin in the blood. For more information on Hyperbilirubinemia, please see the following from the University of Virginia Health System:

"What is hyperbilirubinemia?

Hyperbilirubinemia is a condition in which there is too much bilirubin in the blood. When red blood cells break down, a substance called bilirubin is formed. Babies are not easily able to get rid of the bilirubin and it can build up in the blood and other tissues and fluids of the baby's body. This is called hyperbilirubinemia. Because bilirubin has a pigment or coloring, it causes a yellowing of the baby's skin and tissues. This is called jaundice.

Depending on the cause of the hyperbilirubinemia, jaundice may appear at birth or at any time afterward.

What causes hyperbilirubinemia?

During pregnancy, the placenta excretes bilirubin. When the baby is born, the baby's liver must take over this function. There are several causes of hyperbilirubinemia and jaundice, including the following:

physiologic jaundice
Physiologic jaundice occurs as a "normal" response to the baby's limited ability to excrete bilirubin in the first days of life.
breast milk jaundice
About 2 percent of breastfed babies develop jaundice after the first week. Some develop breast milk jaundice in the first week due to low calorie intake or dehydration.
jaundice from hemolysis
Jaundice may occur with the breakdown of red blood cells due to hemolytic disease of the newborn (Rh disease), having too many red blood cells, or bleeding.
jaundice related to inadequate liver function
Jaundice may be related to inadequate liver function due to infection or other factors.

Who is affected by hyperbilirubinemia?

About 60 percent of term newborns and 80 percent of premature babies develop jaundice. Infants of diabetic mothers and of mothers with Rh disease are more likely to develop hyperbilirubinemia and jaundice.

Why is hyperbilirubinemia a concern?

Although low levels of bilirubin are not usually a concern, large amounts can circulate to tissues in the brain and may cause seizures and brain damage. This is a condition called kernicterus.

What are the symptoms of hyperbilirubinemia?

The following are the most common symptoms of hyperbilirubinemia. However, each baby may experience symptoms differently. Symptoms may include:

-yellow coloring of the baby's skin (usually beginning on the face and moving down the body)
-poor feeding or lethargy

The symptoms of hyperbilirubinemia may resemble other conditions or medical problems. Always consult your baby's physician for a diagnosis."

[Full article]

If your child developed hyperbilirubinemia, this may have been the result of medical malpractice. The law firm of Franklin Gray & White repesents victims of medical malpractice, including birth-related injuries. If your family has been the victim of a birth-related injury, such as Hyperbilirubinemia, please contact, or email, the experienced attorneys of Franklin Gray & White for your free consultation.

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Truck Accidents Cause Thousands of Deaths Across the Country

mindywein@cox.net (Blog Author)19805 — Sat, 10 Oct 2009 08:00:00 EST

A Louisville truck accident often results in more than just property damage and may lead to catastrophic injuries or death. The most recent statistics paint a grim picture when it comes to truck accidents. In 2008 alone, more than 4,000 people were killed in truck accidents across the country.

A large truck can weigh as much as 20 to 30 times as much as a passenger vehicle. Is the weight of the vehicle the only factor in these devastating collisions? Not according to researchers and safety experts.

Researchers have identified some of the top associated factors in truck accidents, such as driver fatigue, driving too fast for conditions, prescription drug use and brake problems. Some safety advocates have even stated that heavy loads can make it more difficult for a truck to stop, leading to serious accidents.

The majority of the people who were killed in the truck accidents in 2008 were passengers in the smaller vehicles. In fact, only 15 percent were riding in the truck at the time of the accident.

If you or a loved one has been injured in a truck accident in Louisville, you need to contact an experienced Kentucky truck accident lawyer at Franklin Gray and White at 1-502-637-6000 or 1-800-637-6033 for a free legal consultation.

Medical Malpractice Can Lead to Shoulder Dystocia During Birth

mwhite@franklingrayandwhite.com (Blog Author)19781 — Fri, 09 Oct 2009 08:00:00 EST

Shoulder dystocia is a dangerous condition that can occur during delivery. For more information on shoulder dystocia, please see the following information from the American Family Physician Website:

"Shoulder dystocia can be one of the most frightening emergencies in the delivery room. Although many factors have been associated with shoulder dystocia, most cases occur with no warning. Calm and effective management of this emergency is possible with recognition of the impaction and institution of specified maneuvers, such as the McRoberts maneuver, suprapubic pressure, internal rotation, or removal of the posterior arm, to relieve the impacted shoulder and allow for spontaneous delivery of the infant. The "HELPERR" mnemonic from the Advanced Life Support in Obstetrics course can be a useful tool for addressing this emergency. Although no ideal manipulation or treatment exists, all maneuvers in the HELPERR mnemonic aid physicians in completing one of three actions: enlarging the maternal pelvis through cephalad rotation of the symphysis and flattening of the sacrum; collapsing the fetal shoulder width; or altering the orientation of the longitudinal axis of the fetus to the plane of the obstruction. In rare cases in which these interventions are unsuccessful, additional management options, such as intentional clavicle fracture, symphysiotomy, and the Zavanelli maneuver, are described. (Am Fam Physician 2004;69:1707-14. Copyright© 2004 American Academy of Family Physicians.)

Shoulder dystocia is one of the most anxiety-provoking emergencies encountered by physicians practicing maternity care. Typically defined as a delivery in which additional maneuvers are required to deliver the fetus after normal gentle downward traction has failed, shoulder dystocia occurs when the fetal anterior shoulder impacts against the maternal symphysis following delivery of the vertex. Less commonly, shoulder dystocia results from impaction of the posterior shoulder on the sacral promontory.

The overall incidence of shoulder dystocia varies based on fetal weight, occurring in 0.6 to 1.4 percent of all infants with a birth weight of 2,500 g (5 lb, 8 oz) to 4,000 g (8 lb, 13 oz), increasing to a rate of 5 to 9 percent among fetuses weighing 4,000 to 4,500 g (9 lb, 14 oz) born to mothers without diabetes. Shoulder dystocia occurs with equal frequency in primigravid and multigravid women, although it is more common in infants born to women with diabetes. Several additional prenatal and intrapartum factors have been associated with an increased incidence of shoulder dystocia. The single most common risk factor for shoulder dystocia is the use of a vacuum extractor or forceps during delivery. However, most cases occur in fetuses of normal birth weight and are unanticipated, limiting the clinical usefulness of risk-factor identification."

[Continue Article]

Unfortunately, shoulder dystocia is often the result of medical malpractice. The law firm of Franklin Gray & White repesents victims of medical malpractice, including birth-related injuries. If your family has been the victim of a birth-related injury, such as Kernicterus, please contact, or email, the experienced attorneys of Franklin Gray & White for your free consultation.

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Concerns About Kernicterus

mwhite@franklingrayandwhite.com (Blog Author)19770 — Fri, 09 Oct 2009 08:00:00 EST

From the Center for Disease Control:

"What is kernicterus?
Kernicterus is a type of brain damage that causes athetoid cerebral palsy and hearing loss. It also causes problems with vision and teeth and sometimes can cause mental retardation.

Who can develop kernicterus?
Any baby with untreated jaundice is at risk for kernicterus. This does not mean that every baby with yellow skin will have brain damage. Most babies with jaundice get better by themselves. If their skin is very yellow, they might need phototherapy treatment. If phototherapy does not lower the baby's bilirubin levels, the baby may need an exchange transfusion.

What are some warning signs of kernicterus?

Ask your pediatrician to see your baby the day you call, if your baby

- Is very yellow or orange (skin color changes start from the head and spread to the toes)

- Is hard to wake up or will not sleep at all

- Is not breastfeeding or sucking from a bottle well

- Is very fussy

- Does not have at least 4 wet or dirty diapers in 24 hours"

[Continue Article]

Children who develop Kernicterus are often victims of medical maplractice. The law firm of Franklin Gray & White repesents victims of medical malpractice, including birth-related injuries. If your family has been the victim of a birth-related injury, such as Kernicterus, please contact, or email, the experienced attorneys of Franklin Gray & White for your free consultation.

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Cerebral Palsy Sufferer Awarded $43 Million from New York Jury

mwhite@franklingrayandwhite.com (Blog Author)19765 — Fri, 09 Oct 2009 08:00:00 EST

From UPI:

"A jury in New York State awarded $43.5 million in damages Thursday to a young woman for injuries she suffered during her birth in 1984.

Tiffany Busone, now 24, was born in Bellevue Maternity Hospital in Niskayuna, N.Y.

Sources told the Albany Times Union that because of oxygen deprivation for about 15 minutes, she suffers from cerebral palsy and must use a wheelchair.

Busone's mother originally filed the lawsuit against the hospital, soon after her daughter's birth.

Busone suffered permanent brain damage, although she is intelligent and graduated from Arizona State University. The oxygen deprivation caused problems with her motor skills, and her lawyers say she will never be able to support herself or live without assistance."

[Continue Article]

The law firm of Franklin Gray & White repesents victims of medical malpractice, including birth-related injuries. If your family has been the victim of a birth-related injury, please contact, or email, the experienced attorneys of Franklin Gray & White for your free consultation.

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Lawsuits Arising Across The Country Over Birth-Control Drug Yaz

mwhite@franklingrayandwhite.com (Blog Author)18820 — Wed, 23 Sep 2009 08:00:00 EST

Lawsuits are being filed across the country by users of the birth control drug Yaz. These lawsuits allege that users of Yaz may have suffered severe side effects from their use of the drug. These side effects could include blood clots, heart attacks, strokes, pulmonary embolisms, gallbladder disease, deep vein thrombosis, and in some cases sudden death.

These lawsuits allege that users of Yaz faced greater risks than users of traditional birth control pills because of the presence of hormone DRSP (drospirenone), a hormone hat can increase the body's potassium levels and raise the risk of other severe health problems for women who have kidney or cardiovascular conditions.

The law firm of Franklin Gray & White is currently investigating claims regarding the use of Yaz. Franklin Gray & White is a Louisville, Kentucky based firm with significant experience representing injured consumers in national class action litigations, mass tort, and complex litigation. If you or a loved one believe you may have suffered injuries as result of the use of Yaz, please contact Matt White at Franklin Gray & White for your FREE consultation.

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Medication Mix Ups Can Be Deadly

mindywein@cox.net (Blog Author)18275 — Sat, 12 Sep 2009 08:00:00 EST

Do you know the difference between Zyrtec and Zantac? The two medications are spelled similarly, but have vastly different purposes. There have been numerous cases of medications being mixed up because of similar spellings and other reasons.

How big is the problem of medication errors? According to the latest figures, almost 1.5 million people are impacted by medication mistakes in U.S. hospitals every year. These drug errors involve incorrect dosages, bad drug interactions, drug allergies, doctor errors, pharmacist errors and hospital mistakes.

Patients have been harmed when their doctors confuse the names of drugs and prescribe the wrong medication. There have also been cases of pharmacists incorrectly reading the doctors’ writing on the prescription slip.

Who is responsible for these potentially deadly drug errors? Depending on the circumstance of the prescription error, the medical provider may be held responsible. If you have been injured and believe that medical malpractice may have been involved, you need to contact a medical malpractice lawyer in Louisville at the law office of Franklin, Gray & White at 1-502-637-6000 or 1-800-637-6033. You may be entitled for compensation for your injuries.

Infant Complications Associated with Shoulder Dystocia

mindywein@cox.net (Blog Author)17893 — Wed, 02 Sep 2009 08:00:00 EST

Too many things can go wrong during the labor and delivery process. For doctors and parents, one of the most frightening emergencies is shoulder dystocia. This type of birth injury happens when the baby’s head has been delivered, but the shoulder becomes stuck.

Shoulder dystocia only affects about 1 percent of births in the United States, but when you look at the number of babies born each year, it means that potentially 40,000 infants suffer from this birth injury annually (based on an average of 4 million births). These figures prompt the question – why are so many babies sustaining birth injuries each year? There are many reasons, including the misuse of vacuum extraction and forceps during delivery.

Infants who have suffered from shoulder dystocia often experience many complications. They may develop Erb’s palsy or the life altering condition, cerebral palsy. Babies with shoulder dystocia have also been known to suffer from clavicle fractures, hypoxia and brain damage. Some young children have even died from this birth injury.

If your child has been diagnosed with shoulder dystocia, you need to talk to a medical malpractice attorney in Louisville who can help you get to the bottom of what caused your child’s injury. Contact the law firm of Franklin, Gray & White today at 502-637-6000 or 800-637-6033 for legal advice.

Lawyers Group Release Info Regarding Trucking Safety in Kentucky; Kentucky 11th Worst, Indiana 15th

tnewman@franklingrayandwhite.com (Blog Author)17794 — Tue, 01 Sep 2009 08:00:00 EST

From the American Association for Justice:

"As nearly 30 million Americans travel U.S. roads during the Labor Day holiday, a new analysis of government data reveals that more than 28,000 motor carrier companies, representing more than 200,000 trucks, are currently operating in violation of federal safety laws.

In an original analysis of data not previously available to the public, AAJ found commuters are sharing roads with trucks that have incurred thousands of safety violations – such as defective brakes, bad tires, loads that dangerously exceeded weight limits and drivers with little or no training or drug and alcohol dependencies.

AAJ obtained data on the safety performance of U.S. trucking companies through the Motor Carrier Management Information System (MCMIS), which is maintained by the Federal Motor Carrier Safety Administration (FMCSA). Over a million lines of data were analyzed in an effort to pinpoint just how many unsafe trucks might be on the road."

[Read entire report here]

The law firm of Franklin Gray & White represents the victims of truck and auto accidents. If you or a loved one were injured in an accident involving a truck, semi, and/or commercial vehicle, protect your rights. Contact the experienced legal team at Franklin Gray & White for your free consultation.

For further information on truck and auto accidents please see here, or see our online library.

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

EMS Driver Had Methadone In System On Night of Fatal Wreck

mwhite@franklingrayandwhite.com (Blog Author)17245 — Thu, 20 Aug 2009 08:00:00 EST

From WLKY . com:

"A Metro EMS tech had a drug commonly used for pain or drug addiction in her system when she was driving an ambulance involved in a fatal crash.On Thursday, prosecutors submitted 518 pages of information to the court file, including a Kentucky State Police lab report showing Brewer had methadone in her system at the time of the April 2008 crash.

Another report also questions how she was able to get methadone.On Monday, Brewer pled not guilty to seven charges against her, including murder and driving under the influence of intoxicants.Brewer, an EMT, was driving a Metro EMS ambulance and stopped to pick up 54-year-old Vickie Whobrey to take her to the hospital for a nosebleed.Whobrey's daughter, Maggie, said Brewer spoke to her and her family."She kept on apologizing for being sick," Whobrey said. "She says she feels doped up from the medication."A short time later, the ambulance crashed and Vickie Whobrey died of injuries from the wreck.According to court records obtained exclusively by WLKY News, a blood test performed by the Kentucky State Police lab found .009 milligrams of methadone in Brewer's system."

[Continue Article]

The law firm of Franklin Gray & White represents the victims of truck and auto accidents. If you or a loved one were injured in an accident involving a truck, semi, and/or commercial vehicle, protect your rights. Contact the experienced legal team at Franklin Gray & White for your free consultation.

For further information on truck and auto accidents please see here, or see our online library.

Misinterpreted Mammogram Can Mean the Difference of Life or Death

mindywein@cox.net (Blog Author)16680 — Mon, 10 Aug 2009 08:00:00 EST

A mammogram is one of the most effective ways to catch breast cancer. If this illness is treated in its early stages, the prognosis is often great for the patient. However, sometimes mistakes are made by medical professionals and mammograms are either misread or not properly communicated. As a patient, this is a matter of life or death.

There are two basic forms of mammograms, screening mammogram and diagnostic mammogram. A diagnostic mammogram is utilized when there is a suspicion of breast cancer either from a breast lump, breast mass, thickening or nipple discharge. Within the medical field, there is a standardization when it comes to mammogram reading, which aid in determining the probability of malignancy and need for further testing.

As with most things, the mammogram is only as good as the person who interprets it. Too often radiologists misread these important imaging results or fail to communicate the findings to the doctors. Also, there have been cases where the mammogram results were misfiled or lost without ever being read.

If you or a family member had a delayed breast cancer diagnosis due to a misread mammogram, you may be entitled to compensation. You should contact a Louisville medical malpractice attorney at Franklin, Gray & White today at (502) 637-6000 or (800) 637-6033 for legal advice.

Jury Returns Medical Malpractice Verdict Against Doctor for Death of Newborn

mwhite@franklingrayandwhite.com (Blog Author)16539 — Thu, 06 Aug 2009 08:00:00 EST

From Examiner . com:

"A jury has awarded a former Frederick couple $1.85 million in a wrongful-death lawsuit filed after the death of their newborn son.

Attorney Giles Manley says Benjamin Ketterman died as a result of Dr. Leonard Bienkowski's decision to use vacuum extraction to deliver the baby at Frederick Memorial Hospital in 2005.

Manley says Bienkowski violated the standards of care and performed the procedure without explaining the risks to Benjamin's parents, Sandra and John Ketterman."

[Continue Article]

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

New Mexico Man Receives $1 Million Medical Malpractice Settlement

mwhite@franklingrayandwhite.com (Blog Author)16537 — Thu, 06 Aug 2009 08:00:00 EST

From the Las Cruces Sun News:

A jury has awarded $1 million to a Las Cruces man who alleged a surgeon was negligent in repairing a colon perforation after a colonoscopy.

General surgeon Dr. David Friedman operated on Michael Salopek in February 2005, to repair a tiny perforation he had sustained during a colonoscopy, Las Cruces attorney Marci Beyer said.

However, Friedman did not find the perforation, which continued to leak into Salopek's abdominal area for 11 days. Medical expenses just to find the perforation totaled $165,000, Beyer said.

The six-day medical malpractice trial, in 3rd Judicial District Court Judge Jerald A. Valentine's courtroom, went to the jury, which deliberated for 12 hours Tuesday before returning with its verdict.

Defense attorney Thomas Sandenaw Jr. of Las Cruces said it would be inappropriate to comment before a final judgment had been entered by the judge. That should happen next week, Beyer said.

Friedman testified that since he couldn't initially find the perforation, he assumed it had sealed itself, Beyer said.

"We don't think he took responsibility because he would not admit he did anything wrong. He thought it was a legitimate assumption," Beyer said. "We argued that that was not the standard of care and the jury agreed with us.

"There were procedures he could have used to locate the perforation and he did not use those until (Salopek) went back in 11 days later,"

[Continue Article]

The law firm of Franklin Gray & White represents victims of medical malpractice. If you or a loved one has been injured as the result of a medication error or other medical negligence, please contact the experienced legal team at Franklin Gray & White for a free consultation. For more information, see our online library.

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Verdict Upheld in Automobile Defective Product Litigation

tnewman@franklingrayandwhite.com (Blog Author)16536 — Thu, 06 Aug 2009 08:00:00 EST

From Law.com:

"An appeals court on Wednesday upheld a product liability verdict against Ford Motor Co. for $8 million in compensatory damages and $42,050 in punitives, despite the plaintiff's contention that the award was lopsided because Ford's lawyer was allowed to tell jurors about the carmaker's financial straits and layoffs.

The appeals panel in Zakrocki v. Ford Motor Co., A-5769-06/5799-06, did not discuss whether the defense attorney was wrong to mention the potential impact of punitives on Ford employees but it upheld the trial judge's decision to limit evidence about Ford's finances.

A Monmouth County, New Jersey, jury found that a defective throttle on a 1997 Ford Explorer caused the rollover accident that left Rebekah Zakrocki with a useless right arm.

Zakrocki, then 22, claimed her throttle jammed while she was driving north on the Garden State Parkway on Nov. 10, 2000, and when she pressed down hard on the gas pedal, the car lurched forward, causing her to lose control and hit other cars before rolling over.

The crash nearly severed Zakrocki's right hand and tore out the nerves connecting her spinal cord to her arm. She had 21 operations, including multiple muscle, vein, nerve and skin grafts.

The jury blamed the accident on a defective throttle, rather than a tendency to roll over and found $10,626,480 in damages, including $8 million for pain and suffering, but deemed Zakrocki 28 percent at fault because she was not wearing a seat belt. Half the liability was assessed against Ford and the other 22 percent against Freehold Ford, the dealer that sold Zakrocki the Explorer"

[Continue Article]

The law firm of Franklin Gray & White is a Louisville, Kentucky based firm with significant experience representing injured consumers in national class action litigations. If you or a loved one believe you may have suffered injuries as result of the use of a defective product, please contact Matt White at Franklin Gray & White for your FREE consultation.

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Lawsuit Claims Hospital Should Have Known Doctor Presented Danger to Patients

mwhite@franklingrayandwhite.com (Blog Author)16535 — Thu, 06 Aug 2009 08:00:00 EST

From the Lexington Herald-Leader:

"At first glance, surgeon John Christian Gunn seemed golden.

A graduate of Yale Medical School, he was eager to join Maysville's Meadowview Regional Medical Center, an acute-care facility that couldn't wait to get him on staff, according to court documents.

But within months of his 2005 arrival in Kentucky from Hillsboro, Texas, two of Gunn's surgeries had gone dangerously awry, leading a Maysville physician to bluntly write to a hospital administrator saying that Gunn was a danger to patients.

hortly after that warning, 71-year-old Herberta "Bertie" Lang was dead following one of Gunn's surgeries. Ironically, the physician who had warned the hospital was Lang's personal doctor.

A trial is scheduled to begin Monday in Mason County Circuit Court, where Lang's family has sued Meadowview, its former chief executive and the company that operates the hospital for corporate negligence.

Gunn's insurance company settled last year with the family. Terms of the settlement are confidential.

Todd Thompson, the attorney for Meadowview Regional Medical Center; its owner, Lifepoint Hospitals; and former Meadowview chief executive officer David Loving did not return phone calls requesting comment.

Gunn was granted temporary privileges at Meadowview even though he had taken and failed the General Surgery Board exams in 2002, 2003, 2004 and 2005. He also failed the exam in 2006.

Hospitals use their own discretion on whether to insist on board certification before allowing physicians to do surgery.

The case raises questions about how the Kentucky Board of Medical Licensure monitors and credentials doctors. When Gunn received his Kentucky medical license in 2006, his temporary privileges at Meadowview had already been revoked. The licensure board file notes that it did not know that.

It's unclear what Gunn did after he left Kentucky. He told the Kentucky Board of Medical Licensure that he was going to Miami for a fellowship, and Florida Department of Health records indicate an active resident's status."

[Continue Article]

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Broken Pelvis Can be Fatal When Caused by a Louisville Truck Accident

mindywein@cox.net (Blog Author)16280 — Mon, 03 Aug 2009 08:00:00 EST

A broken pelvis may not sound like a life threatening injury, but this type of fracture can be fatal. The pelvis is a bony structure located at the end of the trunk that cradles many organs, blood vessels and large nerves. When it breaks, damage can be done to these important organs.

When a pelvic fracture results from a Louisville truck accident the outcome can be catastrophic. A broken pelvis often causes substantial bleeding, nerve damage and injury to internal organs. The area around a broken pelvis can become bruised and swollen. Other injuries usually accompany pelvic fractures, such as head trauma, chest injuries, abdominal injuries and leg fractures.

If you have suffered a broken pelvis, you may face a long road to recovery. Don’t be surprised if you walk with a limp until your muscles regain strength. You may also experience pain and impaired mobility as you heal.

It is important to understand that when a truck accident causes serious injuries, such as a broken pelvis, you may be able to hold the trucking company accountable. If the trucker or trucking company caused your accident, you can pursue compensation. Contact a Louisville truck accident attorney at Franklin, Gray & White at (502) 637-6000 or (800) 637-6033 for a legal consultation.

Louisville Birth Injuries Caused by Negligence

mindywein@cox.net (Blog Author)15698 — Wed, 22 Jul 2009 08:00:00 EST

Many times, a birth injury can be avoided. There are many Louisville birth injury cases caused by negligent doctors, nurses and hospitals. Unfortunately, many of these injuries are life changing for the young victim.

Some of the common types of birth injuries include caput succedaneum, hypoxic-ischemic encephalopathy, facial paralysis and cerebral palsy. A number of these injuries will correct themselves, but others are lifelong conditions.

A birth injury can be caused from prolonged labor, delayed C-section, breech delivery, prematurity, difficult labor or a large baby. Medical providers can typically take precautions to help reduce the risk of a birth injury and when they fail to do so or commit a negligent act, they can and should be held liable.

If your baby has sustained a birth injury, you may be able to obtain financial compensation, including damages for pain and suffering, medical expenses and other costs associated with your child’s injuries. You should contact an experienced Louisville birth injury lawyer to review your case to help you determine who was at fault. Even if you are unsure whether or not the medical provider was negligent, you should still consult with an attorney. Call the law office of Franklin, Gray and White today at (502) 637-6000 or (800) 637-6033.

Failure to Diagnose Breast Cancer Leads to Large Medical Malpractice Verdict

mwhite@franklingrayandwhite.com (Blog Author)15549 — Mon, 20 Jul 2009 08:00:00 EST

From WMCTV . com:

"A Shelby County jury has reached one of the largest medical malpractice verdicts ever in the state of Tennessee.

The nearly $24 million verdict was awarded Friday afternoon to Courtney and Robert Hill, residents of DeSoto County.

Hill's lawsuit claimed her doctor, Dr. Claudia Moise, and her clinic, OB-GYN Specialists P.C. of Memphis, failed to diagnosis a lump Hall complained about over the course of 18 months. The lump turned out to be breast cancer.

"All that Courtney hopes is that it will help physicians remember that further testing is required," said Hill's attorney, Will Railford."

[Continue Story]

Medical negligence and errors are a too common occurrance and can lead to serious health consequences and even death. The law firm of Franklin Gray & White represents victims of medical malpractice. If you or a loved one has been injured as the result of medical negligence or error, please contact the experienced legal team at Franklin Gray & White for a free consultation.

Eight Traffic Fatalities On Kentucky Roads During Holiday Weekend

mwhite@franklingrayandwhite.com (Blog Author)14912 — Mon, 06 Jul 2009 08:00:00 EST

From WLKY.com:

"Preliminary statistics show eight people died in eight separate crashes during the July 4th holiday period.Kentucky State Police said four of the fatalities involved motor vehicles and none of the victims were wearing seat belts."

[Continue Article]

The law firm of Franklin Gray & White represents the victim of truck and auto accidents. If you or a loved one were injured in an accident involving a truck, semi, and/or commercial vehicle, protect your rights. Contact the experienced legal team at Franklin Gray & White for your free consultation.

For further information on truck and auto accidents please see here, or see our online library.

Medication Errors Injure Over a Million Annually

mindywein@cox.net (Blog Author)14682 — Wed, 01 Jul 2009 08:00:00 EST

Medication errors are rampant in hospitals and other medical facilities. It has been estimated that on average, one medication error occurs at each hospital every day. Studies have even shown that 400,000 preventable drug related injuries occur in hospitals every year and another 800,000 happen in long-term care settings.

A medication error has been defined as a mistake made that involves a prescription drug, over-the-counter product, vitamin, mineral or herbal supplement. The medical error can occur at any time.

Nearly 1.5 million people are injured by drug errors each year in the United States. These medication mistakes can lead to serious complications for patients and in some cases have caused death.

A doctor or other medical provider can be held responsible for drug errors. If you have been injured by a medical error, you need to contact an experienced Louisville medical malpractice attorney immediately. The knowledgeable medical malpractice lawyers at the law office of Franklin, Gray & White can help you. Call them today at 502-637-6000 or 800-637-6033 for legal advice.

The article, “1.5 Million People Injured Every Year by Drug Errors,” has more information on this topic.

Wreck In Cherokee Park Kills One, Injures Seven

mwhite@franklingrayandwhite.com (Blog Author)14574 — Wed, 01 Jul 2009 08:00:00 EST

From the Louisville Courier-Journal:

"One person was killed and another seven were injured Tuesday night in a rollover crash on a road bordering Cherokee Park.

peed was believed to be a factor in the wreck, which happened in a winding section of Cherokee Road about 9:30 p.m., said Louisville Metro Police spokesman Dwight Mitchell.

All those involved in the wreck were believed to be teenagers, he said.

The person who died was ejected from the vehicle, a Ford Explorer, and pronounced dead at the scene, Mitchell said.

The seven who were injured were transported to Kosair Children's Hospital with injuries that were not believed to be life-threatening.

"Apparently the driver lost control of the vehicle and it flipped over several times," Mitchell said. "According to witnesses, they were going at a high rate of speed."

Betty Caudle, 80, said she came upon the wreck on her way to the dog park just minutes after it happened.

"Everything was real quiet," she said. "People were just milling around."

After telling someone to call EMS, Caudle said she could see one injured person on the side of the road opposite the car and another person leaning over a third person on the ground."

[Continue Article]

The law firm of Franklin Gray & White represents the victim of truck and auto accidents. If you or a loved one were injured in an accident involving a truck, semi, and/or commercial vehicle, protect your rights. Contact the experienced legal team at Franklin Gray & White for your free consultation.

For further information on truck and auto accidents please see here, or see our online library.

Who is Responsible for an Undiagnosed Diabetes Case?

mindywein@cox.net (Blog Author)14219 — Tue, 23 Jun 2009 08:00:00 EST

Diabetes frequently goes undiagnosed because of the harmless symptoms associated with this medical condition. It is believed that more than 6.3 million people suffer from undiagnosed diabetes. Doctors sometimes fail to recognize the signs of diabetes, which is unfortunate since early detection can reduce the risk of developing complications.

Undiagnosed diabetes can lead to vision loss, heart disease, stroke and amputation. Children are frequently the victims of undiagnosed diabetes, which can cause significant weight gain. Even though it is rare, undiagnosed diabetes can result in death. That is why it is vital that physicians promptly diagnose and treat this disorder.

Physicians can be held liable for undiagnosed diabetes cases. It is the responsibility of the medical professional to follow the appropriate diagnosis process and to provide an acceptable standard of care.

If you have been injured from undiagnosed or misdiagnosed diabetes, you may be able to file a Kentucky malpractice claim against the negligent medical provider. Contact a Louisville medical malpractice attorney today at Franklin, Gray & White at 502-637-6000 or 800-637-6033 for legal advice.

Truck Wreck In Bullitt County Injures Three

mwhite@franklingrayandwhite.com (Blog Author)13732 — Mon, 15 Jun 2009 08:00:00 EST

From The Louisville Courier-Journal:

"A multi-car wreck involving a log truck on Highway 44 in Bullitt County on Monday, June 15, left at least three people injured and halted traffic on the road between Shepherdsville and Mt. Washington.

Three people were seriously injured in the crash, which involved a log truck and four other vehicles, said Bullitt County Sheriff's Chief Deputy Danny Thompson. He said the injuries included broken bones, but he did not know whether they were life-threatening.

An emergency dispatcher in Bullitt County said calls about the wreck in the 3200 block of Highway 44 began coming in at 5:50 p.m.

The driver of a Dodge Durango was attempting to make a turn at the intersection of Watergate Drive and 44 when it was struck from behind by the log truck, Thompson said. The Durango then hit the car in front of it and the log truck struck two vehicles traveling in the eastbound lanes.

The injured were taken via helicopter and ambulance to University Hospital, the dispatcher said. She did not know how many people were transported in total.

Investigators were being called to the scene to determine what caused the accident."

[Continue Story]

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Larry Franklin Represents Family In Lawsuit Against Louisville Zoo Over Zoo Train Derailment

tnewman@franklingrayandwhite.com (Blog Author)13504 — Wed, 10 Jun 2009 08:00:00 EST

On June 9, 2009, attorney Larry Franklin of Franklin Gray & White filed suit in Jefferson County Circuit Court on behalf of an Indiana couple and their child who were injured in the June 1 train derailment at the Louisville Zoo.

More information to follow as the litigation proceeds.

For media coverage, please see the following:

Zoo Suit Comes From a Real Heavy Hitter

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

Louisville, Kentucky Misdiagnosis Cases

mindywein@cox.net (Blog Author)13295 — Fri, 05 Jun 2009 08:00:00 EST

When cancer or a heart attack goes undiagnosed, the outcome for the patient can be catastrophic. Doctors are supposed to follow a certain process when diagnosing a condition and when they fail to take the time to review the patient’s symptoms, signs of disease and test results, it can cause them to misdiagnose the patient. If a doctor fails to provide a standard level of care, he or she can be held responsible and it can be grounds for a Louisville medical malpractice lawsuit.

There are many conditions that are frequently misdiagnosed, including heart attack, cancer, stroke and diabetes. A failure to diagnose case can lead to more health complications for the patient and in some situations, death. Many of these conditions, if detected early enough, can be properly treated and the patient can go on to live a full life.

A misdiagnosis case is usually considered to be medical malpractice. If you have been injured by a negligent doctor or hospital or if you lost a loved one because the doctor misdiagnosed cancer or another ailment, you may be able to file a Kentucky medical malpractice lawsuit. Contact a Louisville medical malpractice attorney today at Franklin, Gray and White at (502) 637-6000 or (800) 637-6033 for legal advice.

Inspectors Investigate Louisville Zoo Accident

mwhite@franklingrayandwhite.com (Blog Author)13157 — Tue, 02 Jun 2009 08:00:00 EST

From WHAS11.com:

"A state official says Kentucky regulators inspected a miniature train at the Louisville Zoo in January. The Zoo Train passed inspection then and was inspected daily by a ride operator. The train, which was carrying 30 passengers at the time of the accident, can hold up to 50 passengers. Each car weighs 2700 pounds and can carry up to 3100 pounds. The train can reach a maximum speed of 12 mph.

Kentucky Department of Agriculture spokesman Ted Sloan said the agency had not received any prior complaints about the ride, which overturned Monday sending 22 of the 30 passengers to hospitals. Sloan said investigators were back at the zoo Tuesday morning.

As of Tuesday afternoon, five people are still in the hospital, three adults and two children.

A Kosair Children's Hospital spokesman says a 21-month-old girl was upgraded to serious condition on Tuesday. The girl's grandmother tells WHAS11 that she suffered facial injuries and may need plastic surgery to correct them. A 2-month-old boy, the girl's brother, has been cleared to go home but is remaining at the hospital with his mother and injured sister. The father of the two children is still at University of Louisville Medical Center in fair condition, with injuries to his leg."

[Continue Article]

Recreational and amusement parks, including city parks, should be run with the utmost care and caution for the multitude of children and other visitors to these parks. The attorneys of Franklin Gray & White understand the seriousness of these issues, having provided legal counsel for victims of the Six Flags Kentucky Kingdom maiming. Firm attorneys are closely following the developments in this investigation.

The law firm of Franklin Gray & White represents injured persons. If you or a loved one has experienced a serious injury, project your rights. Please contact or email one of the experienced personal injury attorneys at Franklin Gray & White for your FREE consultation.

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Federal Authorities Investigate Louisville Zoo Train Derailment

mwhite@franklingrayandwhite.com (Blog Author)13113 — Mon, 01 Jun 2009 08:00:00 EST

From WHAS 11:

"Monday night a number of people, including very young children, are still recovering at Louisville hospitals tonight.

Their afternoon of fun, riding the popular passenger train at the Louisville Zoo, turned into a nightmare. Two have serious injuries.

One of the locomotives derailed as it was driving near the gorilla forest. It was pulling thirty people on board at the time; one man was trapped and had to be rescued.

The area near the gorilla area is where the derailment happened just after 4:30 p.m. Monday.

WHAS11’s Chase Cain talked with a woman whose relatives were on the train. EMS officials said none of the 22 hurt have any critical injuries, but several are still at the hospital.

Five adults were sent to university, and seventeen children wound up at Kosair Hospital.

Meantime, federal authorities have begun their investigation into how this happened.

It took more than a dozen ambulances to get everyone to downtown hospitals; a mix of very young children to adults. With others still being treated at the zoo, in all 22 were hurt.

Dr. Neal Richmond, Metro EMS director, said “They were all able to communicate with us. Vital signs were stable.”

Here’s what it appears happened; the train that circles the zoo flipped, on a sharp curve in the track, trapping one man underneath. Two of his young children and his wife were also on board. We talked to the great grandmother of the children from the emergency room at Kosair.

Pat Langford said, “There’re so many people up here. They just keep bringing them in and bringing them in. I guess Chris is the one that got hurt the most because the train was on him. I could hear him screaming. I didn’t know who it was. I guess they had to cut the train off of him to get him out of there. The baby is 2 months old and he’s doing pretty well. They’re getting ready. He’s got a lot of scratches on him and the little girl they couldn’t find out anything yet.”

Pat’s granddaughter made it out with some scratches. And already has her theory about what caused this, along with several others at the zoo who told us a new conductor had hopped on board just before the crash.

“My granddaughter told me he started going fast and the train derailed because the brakes went out.”

A federal inspector will be out at the location to begin checking into what caused this crash. But at least 3 people told us they overheard zoo employees talking about possible brake failure. So that’s certainly something they’ll look into"

[Continue Story]

Recreational and amusement parks, including city parks, should be run with the utmost care and caution for the multitude of children and other visitors to these parks. The attorneys of Franklin Gray & White understand the seriousness of these issues, having provided legal counsel for victims of the Six Flags Kentucky Kingdom maiming. Firm attorneys are currently investigating the reasons this accident occurred at the Louisville Zoo.

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Causes of Cerebral Palsy among Children in Kentucky

mindywein@cox.net (Blog Author)12177 — Mon, 18 May 2009 08:00:00 EST

When a child is diagnosed with cerebral palsy, it can be devastating. Cerebral palsy, which is a group of disorders, can be congenital or caused by a birth injury.

A physician will diagnose a child with cerebral palsy after reviewing risk factors, symptoms, medical history and when the disorder occurred. Many children are affected by cerebral palsy from an event that took place during pregnancy or the birth process. For some patients, cerebral palsy can develop as the result of brain damage within the first few months of birth.

Sometimes factors that occurred during the birth process cause cerebral palsy in the newborn. A prolonged labor can lead to birth injury if the baby was deprived of oxygen in the birth canal. Also, if the mother’s water broke, it can cause birth injury if the doctor did not make sure the baby was delivered within 24 hours. Birth injury can result in brain damage and brain damage is one of the main factors in developing cerebral palsy.

A fever during pregnancy can also increase the risk of the baby sustaining brain damage. During pregnancy, a fever can indicate that there is something seriously wrong and it is crucial that the doctor take immediate action to prevent harm to the mother and baby.

If your child has developed cerebral palsy and you are not sure of the exact cause, you should consider contacting a Louisville birth injury lawyer. Contact the law office of Franklin, Gray and White today at (502) 637-6000 or (800) 637-6033.

Kentucky Car Accident Statistics

mindywein@cox.net (Blog Author)11956 — Wed, 13 May 2009 08:00:00 EST

In Kentucky, car accidents are a daily occurrence. According to the Kentucky Traffic Collision Facts, there were 150,213 total reported traffic accidents in 2007. Nearly 125,000 of those accidents were on public roads and there were 26,160 nonfatal injuries. However, in 2007, 864 people died from traffic collisions in Kentucky.

The Kentucky Traffic Collision Facts report states that approximately one out of every 5,700 Kentucky residents died from a fatal crash on a public road in 2007. The report also reflects that one in 121 Kentucky residents was injured in a traffic collision in Kentucky.

The 2007 report showed the following interesting facts:

• One out of every 14 drivers licensed in Kentucky was involved in a traffic accident.
• Approximately one out of 2,500 Kentucky drivers was involved in a fatal crash.
• More men died in car accidents than women in 2007 (608 males versus 256 females)
• Twenty-one percent of all people killed in traffic accidents were in the 15 to 24 year old age group

According to the 2007 statistics, the majority of accidents involved a collision with a moving vehicle, which accounted for 81,634 of total collisions. That same year 23,026 collisions were with fixed objects. Sixty-six percent of all reported crashes in 2007 involved two or more moving vehicles.

If you have been injured in a car accident, contact a Louisville car accident lawyer at Franklin, Gray and White at (502) 637-6000 or (800) 637-6033.

*Source: Kentucky Traffic Collision Facts 2007

Truck Accident On I-65: Semi Collides With Tour Bus, Sends 9 To Hospital

tnewman@franklingrayandwhite.com (Blog Author)11695 — Thu, 07 May 2009 08:00:00 EST

From the Courier-Journal.com:

"A tractor-trailer that struck a broken-down tour bus carrying a Christian gospel group on I-65 northbound just north of Elizabethtown this morning sent nine people to the hospital, including three children, officials said.

None suffered life-threatening injuries, but one may have been in serious condition after the 4:15 a.m. accident involving five vehicles, said Hardin County Sheriff’s Office executive officer Greg Lowe.I-65 was closed for about an hour, but authorities have since reopened one lane to traffic, he said. Traffic is currently backed up for almost two miles.

Lowe said the semi struck one of two tour buses owned by the Morgan family, a Christian musical group. The bus was on the side of the road after it broke down. After the accident, the cab of the trailer caught fire."

[Continue Article]

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

FDA Recalls Diet Pill Hydroxycut

tnewman@franklingrayandwhite.com (Blog Author)11653 — Tue, 05 May 2009 08:00:00 EST

The FDA recently announced the recall of popular diet pill product Hydroxycut. According to the FDA Press Release:

"The FDA has received 23 reports of serious health problems ranging from jaundice and elevated liver enzymes, an indicator of potential liver injury, to liver damage requiring liver transplant. One death due to liver failure has been reported to the FDA. Other health problems reported include seizures; cardiovascular disorders; and rhabdomyolysis, a type of muscle damage that can lead to other serious health problems such as kidney failure.

Liver injury, although rare, was reported by patients at the doses of Hydroxycut recommended on the bottle. Symptoms of liver injury include jaundice (yellowing of the skin or whites of the eyes) and brown urine. Other symptoms include nausea, vomiting, light-colored stools, excessive fatigue, weakness, stomach or abdominal pain, itching, and loss of appetite.

“The FDA urges consumers to discontinue use of Hydroxycut products in order to avoid any undue risk. Adverse events are rare, but exist. Consumers should consult a physician or other health care professional if they are experiencing symptoms possibly associated with these products,” said Linda Katz, M.D., interim chief medical officer of the FDA’s Center for Food Safety and Applied Nutrition."

[Continue Release] [View List of Recalled Products]

The law firm of Franklin Gray & White is a Louisville, Kentucky based firm with significant experience representing injured consumers in national class action litigations. If you or a loved one believe you may have suffered injuries as result of the use of Hydroxycut or a related product, please contact Matt White at Franklin Gray & White for your FREE consultation.

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

A Truck Carrying a Heavy Load Poses Significant Dangers

mindywein@cox.net (Blog Author)11151 — Tue, 21 Apr 2009 08:00:00 EST

Semi-trucks already have the potential to cause major damage in truck accidents, as the weight of the truck transfers to the other vehicle on impact. The result is often serious injuries, even death.

Trucks have now started carrying even heavier loads, which can increase the risk of a truck accident, making the outcome catastrophic. Even though there are fines for trucks carrying excessive weight, it is minimal. Many truckers find ways to bypass weigh stations.

With the current economy, trucking companies have started increasing truck loads as a way to save money on fuel and manpower. Plus, trucking companies believe that heavier truck loads actually improve productivity, which means a greater payload.

There are major safety issues regarding heavy trucks. Some safety experts believe a big rig carrying a heavy load has a harder time stopping to avoid a hazard, such as a possible collision. When a heavy truck hits another vehicle, the impact of the crash is great, which can lead to traumatic injuries among those involved in the truck accident.

Heavy trucks are also hard on Louisville roads. These tractor-trailers cause more damage due to the excessive weight.

If you have been injured in a truck accident in Louisville, Kentucky, you should contact a tractor-trailer accident attorney. Call Franklin, Gray and White at (502) 637-6000 or (800) 637-6033 for legal advice. A large truck accident lawyer will be able to advise you on your legal rights in a truck accident.

Multi-car Accident on I-65 in Louisville, Kentucky

mwhite@franklingrayandwhite.com (Blog Author)10999 — Thu, 16 Apr 2009 08:00:00 EST

From the Courier-Journal.com

"A five-vehicle accident has blocked traffic on Interstate 65 southbound on the Kennedy Bridge, according to a Trimarc incident report. The report says two lanes are blocked, but the center lane is open. Trimarc also reported a vehicle being overturned.

There were reports of injuries, a MetroSafe Communications supervisor said. Traffic units and emergency crews have arrived on the scene, he said."

[Continue Article]

Yet another reminder of the caution and care we all must take when operating our vehicles on Kentucky highways. The law firm of Franklin Gray & White represents the victim of truck and auto accidents. If you or a loved one were injured in an accident involving a truck, semi, and/or commercial vehicle, protect your rights. Contact the experienced legal team at Franklin Gray & White for your free consultation.

For further information on truck and auto accidents please see here, or see our online library.

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Illinois Jury Awards $24 Million In Fatal Truck Crash Trial

mwhite@franklingrayandwhite.com (Blog Author)10772 — Wed, 08 Apr 2009 08:00:00 EST

From the Chicago Tribune:

"A Will County jury has awarded nearly $24 million to families of two people killed and another seriously injured when a truck crashed into a line of cars on Interstate Highway 55 near Plainfield in April 2004.

Jurors on Friday issued the judgment—the highest verdict amount in a civil case in Will County in at least 50 years—against C.H. Robinson Worldwide, a Minnesota freight broker that had contracted with the truck driver, De An Henry of Utah."

[Continue Story]

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

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Wal-Mart Sued Over Alleged Drug Mislabeling

tnewman@franklingrayandwhite.com (Blog Author)10771 — Wed, 08 Apr 2009 08:00:00 EST

From AppealDemocrat.com:

"A pharmacist at the Yuba City Wal-Mart store mislabeled a pill bottle, resulting in a woman taking twice too much blood pressure medication and nearly dying, according to a $1.2 million lawsuit filed in Sutter County Superior Court.

After collapsing on a bus, victim Geraldine Schamanski's heart stopped five times in 24 hours. Her family was told two different times that she had died, said Yuba City attorney Nancy A. Southworth, who filed the lawsuit Friday on behalf of Schamanski and her husband, Raymond.

Besides Wal-Mart, the pharmacist and Asereth Medical Services are named as defendants. The latter company apparently supplied the pharmacist who mislabeled the bottle, said Southworth.

Michelle Bradford, a spokeswoman at Wal-Mart's Bentonville, Ark., headquarters, said company officials had not yet been served with papers in the case and could not comment.

Aside from a blood pressure problem, Schamanski was in "very good" health for a woman in her 70s before the pill mix-up. But if she had died from the overdose, the death probably would have been attributed to old age, said Southworth.

According to the lawsuit, Schamanski was taking two generic medications in early 2008 — nadolol, which is a beta blocker, and furosemide, a diuretic. The pharmacist gave Schamanski a pill bottle labeled furosemide that actually contained nadolol, causing her to take 80mg per day of nadolol instead of 40mg.

Schamanski collapsed after taking the double dose for at least six weeks. She "died" once in an ambulance on the way to the hospital, said Southworth."

[Continue Article]

The law firm of Franklin Gray & White repesents victims of medical malpractice, including medication errors. If your family has been the victim of a medication error, please contact, or email, the experienced attorneys of Franklin Gray & White for your free consultation.

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Scientists Link Chemical To Birth Defects

mwhite@franklingrayandwhite.com (Blog Author)10770 — Wed, 08 Apr 2009 08:00:00 EST

From the Charlestown Gazette:

"A three-person science committee has found evidence that could connect the toxic chemical C8 to human birth defects and high blood pressure in pregnant women, according to the latest reports made public Thursday.

Babies whose mothers had high levels of C8 in their blood were 70 percent more likely to have birth defects, according to the study by the C8 Science Panel.

Woman with greater than average levels of C8 in their blood were 30 percent more likely to have preeclampsia, or high blood pressure during pregnancy, according to the panel's analysis.

Members of the three-scientist panel downplayed both findings, calling them "weak relationships," but also saying the results support the need for continuing to study C8's health impacts.

"The numbers are what they are, and then there's the question of what to make of them," said David Savitz, a Science Panel member from the Mount Sinai School of Medicine. "There are a lot of reasons to be cautious about drawing those kinds of conclusions."

But so far, in three rounds of reports released since last October, the Science Panel has each time found some evidence of adverse health effects: High cholesterol, increased uric acid that can cause hypertension, reduced immune system functions, and now, birth defects and preeclampsia.

The three-scientist panel is conducting one of two C8 reviews as part of a $107.6 million settlement of a lawsuit filed by residents who alleged DuPont's Washington Works plant poisoned their water with C8.

[Continue Article]

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Child Receives $20 Million Settlement in Brain Injury Case

mwhite@franklingrayandwhite.com (Blog Author)10763 — Wed, 08 Apr 2009 08:00:00 EST

From the Palm Springs Desert Sun:

"A now-12-year-old Temecula boy who fell from a fast-food restaurant's play structure and struck his head, causing brain damage, was awarded a $20 million settlement from the franchise's parent company, his attorney said today.

The money was awarded to Jacob Buckett and his sister, Isabelle, who was
5 at the time of Jacob's fall at the Temecula restaurant on Aug. 4, 2005.

The structure was inside the restaurant and there was no rubber beneath
the bars, just tile, according to Jacob's attorney, Christopher Aitken.

The defendants, the restaurant franchisee, parent company and playground
manufacturer, were not named because of the settlement's confidentiality
clause but according to the Web site momlogic.com, the restaurant was a Burger
King.

Delta Marketing Inc., the installer of the playground, was also sued.

Jacob suffered damage to his parietal lobe and his left front lobe, as well as injuries to his lungs when he fell off the bars, which looked like a fireman's pole and monkey bars, Aitken said.

Although the defendants contended that the responsibility for watching
the boy was the father's, Aitken said that parents have an expectation of
safety when they take their children to established playgrounds.

The attorney also contended that the restaurant and installer should have placed rubber beneath the structure, rather than leaving the tile floor.

Warning signs were not posted at the particular restaurant where Jacob
fell, though other restaurants in the chain had such signs posted, Aitken said."

[Continue Article]

The law firm of Franklin Gray & White repesents injured persons. If you or a loved one has suffered a brain or other catastrophic injury, please contact, or email, the experienced attorneys of Franklin Gray & White for your free consultation.

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

South Carolina Family Obtains $3 Million Settlement From Doctors From Fatal Failure to Diagnose

tnewman@franklingrayandwhite.com (Blog Author)10761 — Wed, 08 Apr 2009 08:00:00 EST

From the Charleston Post & Courier:

"An attorney for a Chester woman who died from a twisted intestine after three trips to the emergency room said her family has agreed to settle a lawsuit with six doctors for $3 million.

Lawyer Chad McGowan told The Herald of Rock Hill that the settlement still must be approved by a judge. The money will go to Heather Sloan's three children.

The lawsuit said Sloan went to the Chester Regional Medical Center emergency room in March 2005 complaining of abdominal pain, but the person reading a CT scan didn't see a problem and she was sent home.

The suit said Sloan returned to the emergency room two more times before doctors operated and found the twisted intestine. She died later that night."

[Continue Article]

Factors Involved in a Large Truck Accident

mindywein@cox.net (Blog Author)10685 — Mon, 06 Apr 2009 08:00:00 EST

Big rig accidents usually result in catastrophic injuries and property damage. When a large truck hits a passenger vehicle, the weight of the truck transfers to the smaller vehicle during the collision. Truck accidents generally involve complex factors that are unique from other types of vehicle accidents. The Federal Motor Carrier Safety Administration and the National Highway Traffic Safety Administration completed a study to determine the causes of large truck crashes.

The study examined 963 truck accidents that occurred during a 33-month study period. Those accidents were actually a sample taken from the 120,000 truck crashes during that time, which resulted in either injuries or death.

There were many factors identified in large truck accidents, including running out of travel lane, loss of control of the truck, driving too fast, shifted loads, poor road conditions and vehicle systems failures. Researchers found that some of the truck crashes were caused by actions by the trucker. For example, accidents occurred when the trucker fell asleep, when the trucker was not paying attention or when the truck driver was speeding.

It was also discovered that factors such as prescription drug use, fatigue, roadway unfamiliarity and brake problems caused many of the truck accidents studied.

If you or a loved one has been injured in a Louisville truck accident, you may be entitled to compensation. Contact a truck accident attorney at Franklin, Gray & White at (502) 637-6000 or (800) 637-6033 for legal advice.

Jury Awards Woman $65 Million In Tractor-Trailer Accident

mwhite@franklingrayandwhite.com (Blog Author)10253 — Tue, 24 Mar 2009 08:00:00 EST

From The Ledger.com

"A jury awarded a 21-year-old Wauchula woman $65 million Wednesday for her injuries in a 2007 crash.

The verdict is considered to be one of the largest by a Polk County jury.

Wednesday's verdict stemmed from a traffic crash in Zolfo Springs that left Kendra Lymon in a coma and hospitalized for months.

Lymon had been driving her Dodge Neon on Aug. 21, 2007, when a tractor-trailer owned by an Auburndale-based company, Bynum Transport, struck her car at State Road 35 and State Road 64, according to the lawsuit naming Bynum and the driver.

A telephone call Wednesday evening to Bynum Transport was not returned.

The truck's driver, Robert Bohn, a battalion chief for Polk County Fire Services, was working part-time for the trucking company.

Bohn said in a deposition that he went into the intersection because he had the green light.

But at trial, Lymon's lawyers argued their client had the green light and produced an eyewitness to testify as such.

Despite regaining consciousness and undergoing therapy, Lymon continues to require 24-hour care and supervision, according to her lawyers from Wilkes & McHugh.

"She has suffered these terrible injuries needlessly," said Tampa lawyer Jim Freeman, according to a news release from the law firm. "Kendra Lymon is one of the most deserving clients I've had in 30 years of practice.""

[continue article]

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Five Injured When TARC Bus Collides With Downtown House

tnewman@franklingrayandwhite.com (Blog Author)10002 — Mon, 16 Mar 2009 08:00:00 EST

From WHAS11.com

" Five people were transported to the hospital after a TARC bus crashed into a downtown home over the weekend.

The TARC bus barreled through a home on East Chestnut Street Saturday morning. The #19 bus was traveling north on Chestnut Street when it crossed an oncoming traffic lane, plowed through a fence, yard, took out the side of the home and then kept going, tearing into two cars and finally crashing at the side of an apartment complex.

EMS took 5 people, including the bus driver, to the hospital with minor injuries. Harold Springer, the man in the home that was hit by the bus, was also taken to the hospital.

TARC officials say they are putting the Springers up in a hotel until they can find a longer-term housing option. They are also having the home inspected. The Springers say their insurance will cover the repairs. "

[Continue Article]

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Trucking Industry Wants Longer & Heavier Trucks

mindywein@cox.net (Blog Author)9711 — Sat, 07 Mar 2009 08:00:00 EST

Large trucks can weigh up to 80,000 pounds and have been known to cause crashes resulting in catastrophic injuries. So why is the trucking industry wanting to relax safety standards of trucks and permit longer and heavier trucks on U.S. highways? That is the question that many people are asking and the majority of Americans oppose the efforts to allow bigger and longer trucks on the roads.

Safety advocates have argued against the trucking industry’s initiatives because they firmly believe that larger and heavier trucks will cause more deaths and damage to U.S. roads and bridges. They have quoted scientific evidence that shows the larger trucks get, the more difficult it is to control the vehicles and the longer it takes to stop. The fear is that there will be additional truck crashes resulting in serious injuries.

The trucking industry feels that by allowing bigger and heavier trucks, it will decrease the overall number of large trucks on the roads.

It has been estimated that 5,000 people are killed in truck crashes and more than 100,000 are injured in truck accidents each year in the United States. These statistics show that at the current size and weight requirements of trucks, there are still thousands of injuries and deaths. The idea that these numbers can increase due to bigger and heavier trucks is alarming.

If you have been injured in a Louisville, Kentucky tractor-trailer accident, contact Franklin, Gray and White at (502) 637-6000 or (800) 637-6033 for advice regarding your truck accident case.

The article, “Should Longer and Heavier Trucks Be Allowed on KY Highways?” has more information on this topic.

Truckers May Be On Kentucky Roads Illegally

mindywein@cox.net (Blog Author)9599 — Wed, 04 Mar 2009 08:00:00 EST

The federal government has uncovered significant fraudulent activity among the trucking industry. It has been estimated that tens of thousands of truck drivers on U.S. highways have fake commercial licenses. That means these truckers are operating vehicles weighing up to 80,000 pounds, with little to no skills and training.

Licensing fraud is rampant in the trucking industry, as trucking schools and third party testers are illegally certifying truck drivers. One such case involved a truck driving school that paid private third party testers to falsify the exams of 623 students. When the fraudulent scheme was discovered and the students were asked to re-take their exams, only 142 qualified.

Driving a large truck takes specialized skill and training. When truckers forgo this training and instead obtain fraudulent commercial licenses, it puts the other vehicles on the roads in danger. There are regularly reports of semi-truck accidents in Kentucky that result in serious injuries. How many of these accidents are caused by truckers who shouldn’t be on Kentucky roads to begin with?

Large truck accidents typically result in serious injuries and sometimes death. When an 18-wheeler hits a passenger vehicle it is often devastating, as the weight of the large truck is transferred to the smaller vehicle during a sudden impact.

If you have been injured in a semi-truck crash in Louisville, Kentucky, contact Franklin, Gray and White at (502) 637-6000 or (800) 637-6033 for legal advice.

The article, “Licensing Fraud a Major Problem in Trucking Industry,” has more information on this topic.

Fifth Third Bank Issuing New Credit and Debit Cards After Heartland Payment Systems Data Theft

mwhite@franklingrayandwhite.com (Blog Author)9408 — Wed, 25 Feb 2009 08:00:00 EST

From the Louisville Courier-Journal:

"Fifth Third Bank is among financial institutions across the U.S issuing new credit cards and debit cards following the theft of transaction data earlier this year from payment processor Heartland Payment Systems.

“We have been dealing with this for some time,” Fifth Third Bank spokeswoman Deborah Decorcy said of notices sent to customers recently that a new card would be issued.

The company couldn't immediately provide how many customers were affected at Fifth Third.

Heartland, of Princeton, N.J., processes up to 100 million transactions monthly for financial institutions."

[Continue Article]

The experienced class action attorneys at Franklin Gray & White represent victims of personal information data theft. Fifth Third Bank has numerous branches in Louisville, Kentucky. If you or a love one believe that you may have been affected by the Heartland Payment Systems security breach, please contact the class action and complex litigation attorneys at Franklin Gray and White, or email Matthew L. White (mwhite@franklingrayandwhite.com) for a free consultation.

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Yamaha Rhino ATV Rollovers Prompting Lawsuits Filed Across The Country

mwhite@franklingrayandwhite.com (Blog Author)9393 — Tue, 24 Feb 2009 08:00:00 EST

From the Southeast Texas Record:

"More than four years ago, Vicki Joyce's child was injured when the Yamaha 660 Rhino she was in, rolled over and pinned her legs underneath it. Joyce joins one of many new lawsuits alleging the Rhino ATV is defective and unreasonably dangerous.

Joyce states that the "Yamaha Rhino is excessively prone to tip over even at low speeds, on flat or slight grade terrain, and while conducting safe turns."

Vicki Joyce, individually and as next friend of minor N.J., filed the lawsuit against Yamaha Motor Corporation, Yamaha Motor Manufacturing Corporation and Yamaha Motor Company on Jan 9 in the Marshall Division of the Eastern District of Texas.

The lawsuit alleges that the defendants should have known that the Yamaha Rhino lacked necessary safety features and "thus posing additional risk of injury in the event of a rollover."

Joyce's suit is one of more than 50 lawsuits against Rhino pending in federal courts across the country. On Dec. 2 the existing plaintiffs filed a motion seeking to consolidate all Rhino suits into a multidistrict litigation for pre-trial proceedings.

According to the court documents, since the Yamaha Rhinos entered the United States market in 2003, over 100,000 have been sold.

The plaintiff argues that the Rhino has a narrow track width and a high center of gravity, which decreases the vehicle's stability. Further, the court documents state that the ATV is designed with a heavy, unpadded roll cage that in rollovers poses an additional danger.

In 2006, Yamaha sent letters to Rhino owners enclosing new warning labels and describing the rollover risks. "Occupants were warned that in an event of a rollover, they should not stick their arms or legs out the vehicle," the complaint states.

In August 2007, Yamaha sent out notices that it would install doors and additional passenger handholds on its Rhino's manufactured in the last four years. The upgrades are available to new or used Rhinos and installed free of charge by a Yamaha dealer.

The plaintiff alleges that the defendants are negligent for failing to exercise reasonable care for the safety of plaintiffs by negligently designing, manufacturing, marketing and selling the vehicle without the necessary safety features."

[Continue Story]

The experienced Class Action Attorneys at Franklin Gray & White represent clients who have suffered injuries as the result of their use of defective or otherwise unreasonably dangerous products. If you believe that you or a loved may have suffered injuries as the result of the use of a Yamaha Rhino ATV, please contact Matthew L. White at Franklin Gray & White for your FREE CONSULTATION.

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

South Carolina Jury Awards $4.4 Million to Parents of Child With Cerebral Palsy Brain Injury

mwhite@franklingrayandwhite.com (Blog Author)9389 — Tue, 24 Feb 2009 08:00:00 EST

From the South Carolina Herald:

" A York County jury has awarded $4.4 million to the parents of a 4-year-old girl who died after suffering brain injury at birth at Piedmont Medical Center.

The Rock Hill hospital in a statement Monday offered sympathies to the family and said it is considering its legal options, including an appeal. Piedmont said its staff acted appropriately.

The civil court jury found that the hospital was at fault in 2003 when it assigned a nurse trainee to monitor expectant mother Robin Wilson, who had arrived at the hospital three days before her scheduled induction, complaining of nausea and vomiting.

Lawyers for Wilson argued the nurse trainee misread fetal heart monitoring information showing the baby was in dire distress. The information showed the baby needed emergency intervention, according to a lawsuit Robin Wilson and her husband, Brice Wilson, of Fort Lawn filed against the hospital in York County court.

The girl, Sierra Wilson, was born Nov. 18, 2003, with a severe brain injury caused by oxygen deprivation. She died of complications from cerebral palsy more than four years later, on Feb. 13, 2008."

[Continue Article]

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Truck Accident: Truck Overturns On 1-71 In Oldham County, Kentucky

mwhite@franklingrayandwhite.com (Blog Author)9388 — Tue, 24 Feb 2009 08:00:00 EST

From the Louisville Courier-Journal:

Another trucking accident on the expressways in the greater Louisville, Kentucky region. A tractor-trailer overturns on I-71 in Oldham County near the LaGrange exit causing significant traffic problems. Luckily this time there does not appear to be any injuries from the semi accident. However, accidents involving tractor-trailers often result in catastrophic injuries.

The law firm of Franklin Gray & White represents the victims of truck and auto accidents. If you or a loved one were injured in an accident involving a truck, semi, and/or commercial vehicle, protect your rights. Contact the experienced legal team at Franklin Gray & White for your free consultation.

For further information on truck and auto accidents please see here, or see our online library.

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Heartland Payments Systems Data Breach Results in Identity Theft of Kentucky Residents

mwhite@franklingrayandwhite.com (Blog Author)9274 — Thu, 19 Feb 2009 08:00:00 EST

From KFVS12 Hearland News:

"Is your account information among 100 million possibly exposed after one of the biggest security breaches in history? It happened at Heartland Payment Systems based in New Jersey.

On January 20th the company announced more than 100 million accounts could have been exposed. So far, more than 370 bank institutions have been impacted.

Heartland News has heard from lots of people in Missouri, Illinois, and Kentucky saying they got a letter from their bank and now they have to wait for new bank cards.

In most cases, this is just a pro-active approach by the banks trying to protect their customer's information before there's a proble.

As more instiutions learn they could have been hit, banks advise keeping a close eye on your accounts.

Heartland is the nation's largest payment processors delivering credit/debit/prepaid card processing, payroll, check management and payments solutions. It acts as a middleman for authenticating and processing credit and debit card transactions between commericial entities like retail outlets and restaurants and the financial institutions that issue the credit and debit cards to people."

[Continue Story]

The experienced class action attorneys at Franklin Gray & White represent victims of personal information data theft. The full truth behind the Heartland Security Breach will soon be known, as investigations are pending. If you or a love one believe that you may have been affected by the Heartland Payment Systems security breach, please contact the class action and complex litigation attorneys at Franklin Gray and White, or email Matthew L. White (mwhite@franklingrayandwhite.com) for a free consultation.

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Was My Bank Affected By The Heartland Payment Systems Data Breach?

mwhite@franklingrayandwhite.com (Blog Author)9195 — Tue, 17 Feb 2009 08:00:00 EST

Are you worried as to whether your bank or other financial institution was affected by the Heartland Payment Systems Data Breach? If so, you may check this frequently updated website for information on the breach.

Bank Info Security: Heartland Data Breach News & Views

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Some Truck Drivers Shouldn't Be On Louisville Roads

mindywein@cox.net (Blog Author)9095 — Fri, 13 Feb 2009 08:00:00 EST

According to a congressional report, some truck drivers may be too medically unfit to be driving on the roads and highways. Researchers from the House Transportation and Infrastructure Committee discovered that truck drivers have been fabricating their medical certificates in order to obtain the commercial licenses needed to operate large trucks.

The study analyzed a sample of 614 medical certificates that were obtained from truckers at roadside inspections in California, Illinois and Ohio. When the Committee attempted to verify the examiners listed on the medical certificates, only 407 could be determined to be valid.

Currently, there are very few attempts to authenticate a medical certificate provided by a truck driver and little risk that the trucker will be caught forging the document. There is no central database available for inspectors to verify medical information and there are hardly any controls over how truck drivers obtain medical certificates.

Thousands of large truck accidents have been caused by truckers who have suffered seizures, heart attacks and unconscious spells while driving. When a semi-truck hits another vehicle, the outcome is usually catastrophic, as the weight of the truck gets transferred to the other vehicle. Serious injuries often result and sometimes death.

One U.S. safety study found that hundreds of thousands of drivers have commercial licenses, even though they also qualify for full federal disability payments.

More regulations and procedures need to be established to prevent medically unfit truck drivers from operating tractor-trailers. The National Traffic Safety Board recommended that examiners who certify truck drivers as medically fit be qualified and know what to look for. A system to track medical certificate applications has also been proposed.

The article, “Study Finds that Truck Drivers are Forging Medical Certificates,” has more information on this topic.

If you have been injured in large truck accident in Kentucky, contact Franklin, Gray and White at (502) 637-6000 or (800) 637-6033 for a legal consultation.

Truck Accident Closes I-65 in Indiana

mwhite@franklingrayandwhite.com (Blog Author)9000 — Wed, 11 Feb 2009 08:00:00 EST

From the Louisville Courier-Journal:

"A truck wreck on the southern edge of Indianapolis will block southbound traffic on Interstate 65 for most of the day. Northbound traffic is still open.

Indiana State Police said a tanker truck overturned on the interstate north of Southport Road.

Troopers said the highway will be blocked between I-465 and Southport Road until the fuel carried by the full-sized tanker is transferred to another truck and the overturned tanker is towed from the highway."

[Continue Story]

The law firm of Franklin Gray & White represents the victims of truck and auto accidents. If you or a loved one were injured in an accident involving a truck, semi, and/or commercial vehicle, protect your rights. Contact the experienced legal team at Franklin Gray & White for your free consultation.

For further information on truck and auto accidents please see here, or see our online library.

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Nursing Homes Unnecessarily Use Physical Restraints

mindywein@cox.net (Blog Author)8765 — Thu, 05 Feb 2009 08:00:00 EST

Should nursing homes use physical restraints on patients? This question has caused a lot of controversy and in many cases the answer is “no.”

Nursing homes sometimes abuse restraints by using them as a convenience or as punishment, which is unacceptable. Restraints, such as belts, vests, pelvic ties, wrist restraints, lap belts, specialized chairs and bed side rails are frequently used by understaffed nursing homes to better control residents. Physical restraints should only be used under doctor’s recommendation to help improve the resident’s condition.

Nursing home restraints are sometimes necessary. For example, a physical restraint may help a confused patient receive essential intravenous fluids or medications. It can also be used to help a resident sit properly.

When a nursing home resident is physically restrained, it can lead to serious problems. Residents who have been restrained may suffer injuries, such as broken bones, bed sores, bruises, suffocation and emotional stress.

The American Medical Directors’ Association compiled a list of important questions for families to ask nursing homes regarding the policies on physical restraints. These questions include the following:

• How does the facility decide when restraints are needed, or decide that less restrictive alternatives are not workable?
• How does a facility determine whether a patient's restraints are still necessary?
• How does the facility know the restraint's doing what it's supposed to do, and watch for complications?
• Does the facility have a restraint reduction program or policy?
• Does the staff help the restrained resident move as much as is practical?

If you discover that your loved one is being unnecessarily restrained by the nursing home, you should contact a nursing home abuse attorney at Franklin, Gray and White at (502) 637-6000 or (800) 637-6033 for a legal consultation.

The article, “Use of Restraints in Nursing Homes,” has more information on this topic.

Multiple Accidents Shut Down Indiana Highway

mwhite@franklingrayandwhite.com (Blog Author)8744 — Wed, 04 Feb 2009 08:00:00 EST

From the Muncie Star Press:

"Three massive multi-vehicle accidents on Interstate 69 in Hamilton and Madison counties Tuesday claimed three lives and closed the interstate's southbound lanes, as far north as Ind. 28 in Delaware County, for several hours.

Two of the people killed were in a truck involved in a 34-vehicle pileup near Fishers. A third victim, who later died in a hospital, was trapped in a badly damaged car for several minutes, and as many as 10 others were injured less severely in that chain-reaction crash, about 9:45 a.m., that involved nine semitrailers and a fire truck.

That interstate crash, along with two others -- one near Ind. 38 involving 18 vehicles, and another near Ind. 13 that damaged 11 vehicles -- took hours to clean up.

State police late Tuesday identified the dead as two Anderson residents -- Dustin R. Goetmann, 27, and Ryan A. Phillips, 28 -- and a third victim whose name was being withheld pending notification of relatives.

As a result of the crash, the southbound lanes of the interstate were closed to traffic for more than 12 hours, finally reopening about 10 p.m.

Authorities contended with a sudden storm in the late morning and early afternoon that dumped as much as four inches of snow between Muncie and Indianapolis.

Indiana State Police Sgt. Mike Burns said the Fishers crash started as a chain reaction as a Fishers fire truck was traveling southbound to assist with an overturned vehicle.

Burns said motorists were traveling way too fast and in too close proximity given the weather and road conditions, contributing to the massive pileup.

"I have been out here 30 years and I have never seen anything like it," said Burns, who was at that crash scene much of the day.

Dozens of wreckers continued to tow crashed cars and semis from the various accident scenes Tuesday afternoon and evening.

The snowfall in Delaware County caused several slide-offs and collisions, but none as serious as the Fishers crash, which saw one victim trapped in the wreckage for more than an hour."

[Continue Article]

With the recent severe winter weather that has plagued the Midwest, drivers need to be extra cautious on the roads and highways. The law firm of Franklin Gray & White represents the victims of truck and auto accidents. If you or a loved one were injured in an accident involving a truck, semi, and/or commercial vehicle, protect your rights. Contact the experienced legal team at Franklin Gray & White for your free consultation.

For further information on truck and auto accidents please see here, or see our online library.

Possible Kroger Card Data Theft

mwhite@franklingrayandwhite.com (Blog Author)8667 — Mon, 02 Feb 2009 08:00:00 EST

Franklin Gray & White is currently investigating possible claims regarding a possible security breach of Kroger grocery's Personal Finance Card data and the resulting loss of customers personal information.

The experienced class action attorneys at Franklin Gray & White represent victims of personal information data theft. If you or a love one believe that you may have been affected by the Kroger security breach or have received a letter from Kroger Personal Finance, please contact the class action and complex litigation attorneys at Franklin Gray and White, or email Matthew L. White (mwhite@franklingrayandwhite.com) for a free consultation.

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Helpful Q & A Regarding Heartland Payment Systems Security Breach & Data Loss

mwhite@franklingrayandwhite.com (Blog Author)8601 — Sat, 31 Jan 2009 08:00:00 EST

The following Q & A is from USA Today's technology blog:

"Don't expect a letter from Monster or Heartland Payment Systems letting you know they've lost your data. The breaches at Monster.com and Heartland Payment Systems are raising questions about the efficacy of data-loss disclosure laws enacted in at least 45 states.

Back in 2007 we wrote about how the financial services industry lobbied hard to block proposed federal rules requiring organizations to notify individuals whose data they lose, and to permit consumers to freeze their credit histories.

States such as California and Massachusetts have passed laws giving consumers these rights. But the Monster and Heartland capers have brought weaknesses in the legislation to center stage. I asked Lisa Sotto, head of privacy and information management at law firm Hunton & Williams, about this:

Q: Heartland and Monster told me they intend to comply with all state laws. That said, they have not announced plans to notify individual victims. Is that OK?

A: In the state breach notification laws, it is permissible to delay notification if a law enforcement agency determines that notification would impede a criminal investigation. If such a delay is requested by law enforcement, notification must be made after the law enforcement agency determines that notice would not compromise the investigation. I do not know if these companies received a delay request from a law enforcement agency.

...

Q: The only official notices from Heartland and Monster so far has been one-page disclosures posted on a web site. Does that cover them?

A: There are provisions in the state laws allowing for "substitute notice" if the number of individuals required to be notified exceeds a certain number (which differs by state), if the cost will exceed a certain dollar amount (which also differs by state), or if the business seeking to notify does not have sufficient contact information for the affected individuals. If substitute notice is used, the notifying party generally must send an email to the affected individuals if the notifying party has email addresses, post a notice on the web site page of the notifying entity, and notify media.

By Byron Acohido

[For complete article, see here]

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Heartland Payments Security Breach

mwhite@franklingrayandwhite.com (Blog Author)8598 — Sat, 31 Jan 2009 08:00:00 EST

From the Louisville Courier-Journal:

"Employees at Heartland Payment Systems in Southern Indiana were not responsible for a security breach at the company that exposed the names and credit card numbers of customers, a spokesman said yesterday.

The breach also shouldn't have any negative long-term impact on the approximately 550 people who work at the processing center in Jeffersonville, spokesman Jason Maloni said in an interview.

The facility, off Port Road and Ind. 62, is primarily a call center, and Maloni said there could be additional call volume in the coming weeks from customers concerned about the status of their financial information.

Technology security experts predicted this week that the breach could set a record. Retail giant TJX lost 94 million customer records to hackers in 2007. With more than 100 million transactions per month at Heartland, the New Jersey-based company could discover that several months' worth of transactions were captured, said Michael Maloof, chief technology officer at TriGeo Network Security.

Heartland President Robert H.B. Baldwin Jr. said the company found evidence of the intrusion last week and immediately notified federal law enforcement officials as well as Visa and MasterCard.

Baldwin said the only information breached involved card numbers and cardholders' names, or one or the other. Heartland processes card payments for restaurants, retailers and other merchants, including banks. Shares of the company's stock lost 42 percent of their value yesterday, closing at a 52-week low of $8.18."

[Continue Article]

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Judge Upholds $16 Million Jury Verdict Against Hospital in Baby Delivery Death

mwhite@franklingrayandwhite.com (Blog Author)8356 — Thu, 22 Jan 2009 08:00:00 EST

From the San Diego Union-Tribune:

"A judge has upheld a jury's decision to award more than $16 million to a couple whose baby died during delivery at Sharp Mary Birch Hospital in November 2004.

Superior Court Judge Steven R. Denton signed the judgment Wednesday. Jurors returned a verdict Dec. 5 at the end of a nine-week trial that began in October. They had deliberated for less than a day.

The jury found that Sharp Mary Birch Hospital for Women and two of its doctors were negligent in their treatment of the mother, Teresa Bailey, 35, and caused harm to her and her husband, Robert, 40.

Jurors also determined that Dr. Arturo Mendoza, the director of pathology, committed fraud by making a false representation of fact to the baby's mother. The couple accused the doctor of concealing the baby's true cause of death on an autopsy report.

Attorneys Cassandra Thorson and Julie Parker said in an interview yesterday that the Escondido couple were told their baby died of lung disease when, in fact, the infant died of asphyxia. The boy became stuck in the birth canal, and his umbilical cord wrapped around his neck.

Teresa Bailey had been sent to the hospital on Nov. 29, 2004, for an induced birth after doctors noticed a problem with her amniotic fluid. However, after she was admitted, she rarely saw one of two doctors assigned to her care. She never saw the other doctor at all, the attorneys said.

“The exact cause of death that she was sent to the hospital to avoid occurred,” Thorson said.

The two doctors had been named in the lawsuit but have since settled."

[Continue Article]

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Officials Concerned With Drugs Produced Abroad

mwhite@franklingrayandwhite.com (Blog Author)8355 — Thu, 22 Jan 2009 08:00:00 EST

From the New York Times:

"In 2004, when Bristol-Myers Squibb said it would close its factory in East Syracuse, N.Y. — the last plant in the United States to manufacture the key ingredients for crucial antibiotics like penicillin — few people worried about the consequences for national security.

“The focus at the time was primarily on job losses in Syracuse,” said Rebecca Goldsmith, a company spokeswoman.

But now experts and lawmakers are growing more and more concerned that the nation is far too reliant on medicine from abroad, and they are calling for a law that would require that certain drugs be made or stockpiled in the United States.

“The lack of regulation around outsourcing is a blind spot that leaves room for supply disruptions, counterfeit medicines, even bioterrorism,” said Senator Sherrod Brown, Democrat of Ohio, who has held hearings on the issue.

Decades ago, most pills consumed in the United States were made here. But like other manufacturing operations, drug plants have been moving to Asia because labor, construction, regulatory and environmental costs are lower there.

The critical ingredients for most antibiotics are now made almost exclusively in China and India. The same is true for dozens of other crucial medicines, including the popular allergy medicine prednisone; metformin, for diabetes; and amlodipine, for high blood pressure.

Of the 1,154 pharmaceutical plants mentioned in generic drug applications to the Food and Drug Administration in 2007, only 13 percent were in the United States. Forty-three percent were in China, and 39 percent were in India.

Some of these medicines are lifesaving, and health care in the United States depends on them. Half of all Americans take a prescription medicine every day.

Penicillin, a crucial building block for two classes of antibiotics, tells the story of the shifting pharmaceutical marketplace. Industrial-scale production of penicillin was developed by an American military research group in World War II, and nearly every major drug manufacturer once made it in plants scattered throughout the country.

But beginning in the 1980s, the Chinese government invested huge sums in penicillin fermenters, “disrupting prices around the globe and forcing most Western producers from the market,” said Enrico Polastro, a Belgian drug industry consultant who is an expert in antibiotics.

Part of the reason these plants went overseas is that the F.D.A. inspects domestic plants far more often than foreign ones, making production more expensive in the United States.

“U.S. companies are more regulated and are under more scrutiny than foreign producers, particularly those from emerging countries. And that’s just totally backwards,” said Joe Acker, president of the Synthetic Organic Chemical Manufacturers Association. “We need a level playing field.”

[Continue Article]

The law firm of Franklin Gray & White represents victims of pharmaceutical or medication errors. If you or a loved one believe that you have suffered an injury due to a pharmaceutical or medication error, please contact the experienced Medical Malpractice attorneys of Franklin Gray & White. Call or email today for a FREE consultation.

A Car Accident Can Lead to PTSD

mindywein@cox.net (Blog Author)8084 — Wed, 14 Jan 2009 08:00:00 EST

Did you know that car accidents are the leading cause of Posttraumatic Stress Disorder (PTSD) in the United States? Most people associate Posttraumatic Stress Disorder with veterans who have fought in wars or victims of violent crimes. The truth, however, is that a car accident can cause this debilitating disorder. The article, Car Accidents are Leading Cause of Posttraumatic Stress Disorder, discusses this topic in depth.

Every year, over three million people are injured in car accidents that cause serious injuries and sometimes psychological problems. It has been suggested that almost half of the people involved in car accidents are at a significant risk of developing Posttraumatic Stress Disorder.

Posttraumatic Stress Disorder can be defined as an intense emotional response to an event that was extremely traumatic or disturbing. This disorder can lead to such problems as difficulty with concentration, irritability and insomnia. Some people who are injured in car accidents that lead to Posttraumatic Stress Disorder become too fearful to drive or ride in a vehicle, as it brings back many painful and frightening memories. This fear can seriously impact their lives, making it difficult to go to and from work and participate in family activities. Families are also often impacted when a loved one is experiencing the symptoms of Posttraumatic Stress Disorder.

Physical injuries, such as cuts, bruises and broken bones are easy to identify and treat after a car accident, but psychological damage from an accident is harder to identify. Any time someone is involved in a car crash and starts to experience the signs of PTSD, he or she should be evaluated by a mental health professional. There is treatment available for Posttraumatic Stress Disorder, which includes antidepressants and anti-anxiety medication.

If you have been injured in an auto accident in Kentucky and have developed PTSD, you need to contact a car accident attorney who can help you recover compensation. Contact Franklin, Gray and White at (502) 637-6000 or (800) 637-6033 for legal advice regarding your case.

Family Settles With Hospital For $6.5 Million In Brain Injury Case

mwhite@franklingrayandwhite.com (Blog Author)8061 — Tue, 13 Jan 2009 08:00:00 EST

From Chicago Breaking News:

"A $6.5 million settlement has been reached on behalf of a 7-year-old Aurora boy who allegedly suffered a brain injury at birth at Provena Mercy Medical Center, the Beacon News reports. Attorneys for the boy, Roberto Morales Jr., say the attending obstetrician, as well as the labor and delivery nurse, failed to respond to the baby's low heart rate and reduced oxygen flow caused by the drug Pitocin. The settlement was reached Friday afternoon in Cook County Circuit Court. Morales was treated at Provena Mercy on April 7, 2001."

[Continue Article]

The law firm of Franklin Gray & White represents victims of brain and birth injuries. Such representation has included the largest Cerebral Palsy verdict in Kentucky. If you believe a loved one has suffered a brain or other birth related injury, please contact the experienced Medical Malpractice attorneys at Franklin Gray & White. Our attorneys are ready to assist you, please contact us for a FREE Consultation.

Class Action Lawsuits Filed Regarding Deceptive Marketing of Lawn Mower Horsepower

mwhite@franklingrayandwhite.com (Blog Author)7956 — Thu, 08 Jan 2009 08:00:00 EST

Class Action lawsuits have been filed against Sears and numerous major lawn mower manufacturers, alleging that these entities engaged in a long-term deceptive and fraudulent marketing campaign overstating the horsepower of the lawn mowers they sold. It is alleged that this misrepresentation allowed Defendants to charge higher prices for their products.

The lawsuits further allege that the Defendants engaged in a broad conspiracy, that, among other acts, sought to create a labeling requirement system to further the fraudulent scheme.

In addition to Sears, other Defendants include Deere & Company, Tecumseh Products Company, Platinum Equity LLC, Briggs & Stratton Corp., Kawasaki Motors Corp., MTD Products Inc., The Toro Company, American Honda Motor Company, Electrolux Home Products Inc., Husqvarna Outdoor Products Inc., and The Kohler Company.

For more information, [see here].

The experienced Class Action Attorneys at Franklin Gray & White represent clients who have suffered damages as the result of deceptive or fraudulent marketing and advertising. If you believe that you may have suffered damages as the result of any of these Defendants' actions, please contact Matthew L. White at Franklin Gray & White for your FREE CONSULTATION.

What Caused My Rollover Accident?

mindywein@cox.net (Blog Author)7920 — Wed, 07 Jan 2009 08:00:00 EST

Rollover crashes are considered to be some of the most deadly accidents. Ever since SUVs have become popular, it seems as though there have been more reports of serious rollover accidents. If you were injured in a rollover accident, you may be wondering what caused your vehicle to flip. According to experts, there are many potential causes of rollovers.

SUVs, minivans and pickup trucks have a higher center of gravity, as compared to average passenger vehicles. An SUV is three times more likely to be involved in a rollover accident than an average passenger vehicle. Because of this high center of gravity, these vehicles can become instable during sharp turns and sudden maneuvers made by the driver. For instance, if you are driving an SUV and swerve to avoid a near accident by overcompensating in the opposite direction, your vehicle could roll over. Many rollover accidents occur once the vehicle has left the road.

Speed is a common factor in rollovers. Researchers have found that the majority of rollover accidents occur in driving zones where the speed limit is 55 mph or higher. If the driver is driving at an excessive speed, the chances of a serious rollover crash increases. Alcohol has also been linked to fatal rollovers in the United States.

Sometimes a defect in the vehicle can contribute to injuries sustained during a rollover. For example, if the vehicle has a weak roof or poor safety restraint system, injuries to the driver and passengers can become more severe. A few years ago, Toyota Motor Corp. recalled 880,000 SUVs and pickup trucks after a defect was detected that could affect steering. As an owner of an SUV, pickup truck or minivan, you need to stay updated on the current recalls, which can be done through the Office of Defects Investigation.

If you have been injured in a rollover accident, contact an experienced Kentucky auto accident attorney at Franklin, Gray and White at (502) 637-6000 or (800) 637-6033.

The article, What Causes Rollover Accidents, has more information on this topic.

Actor's Family Settles Medical Malpractice Lawsuit With Hospital

mwhite@franklingrayandwhite.com (Blog Author)7359 — Wed, 17 Dec 2008 08:00:00 EST

From the Los Angeles Times:

"Dennis Quaid and his wife Kimberly reached a settlement with Cedars-Sinai Medical Center for $750,000 over a medication error last year that nearly killed the couple's twin infants, according to papers filed Monday in Los Angeles County Superior Court.

Nurses at the hospital mistakenly gave twins Thomas Boone and Zoe Grace 1,000 times the recommended dose of the blood thinner heparin, leaving them vulnerable to uncontrolled bleeding and leaving them, for a time, in critical condition."

[Continue Story]

Medication errors occur frequently and can lead to serious health consequences and even death. The law firm of Franklin Gray & White represents victims of medical malpractice. If you or a loved one has been injured as the result of a medication error or other medical negligence, please contact the experienced legal team at Franklin Gray & White for a free consultation. For more information, see our online library.

$8 Million Dollar Verdict in Florida Motor Vehicle Accident Suit

mwhite@franklingrayandwhite.com (Blog Author)7214 — Thu, 11 Dec 2008 08:00:00 EST

From the Miamia Herald:

"

Four years after a highly decorated North Miami Beach police officer was killed in a car crash, his wife and three daughters were awarded $8.07 million by a Broward County jury.

Yvette Lorenzo and her three daughters were not in the car with the father, Officer Orestes 'Oreo' Lorenzo, when he swerved out of the way while driving west on Pines Boulevard in Pembroke Pines to avoid hitting a red Honda Civic that ran a stop sign.

Lorenzo's car went straight into a drainage curb, tripping his vehicle and smashing it against a large royal palm tree. The father of three was ejected from the car. He died in the hospital seven days later.

It was July 2, 2004, when Natasha Russo, 18, drove her father's new car past the stop sign on 180th Avenue.

The jury awarded the compensatory damages -- against the Florida Department of Transportation and William and Natasha Russo -- at midnight Saturday.

The trial was closed to the public because of the flooding that closed the courthouse last week.

The lawsuit maintained that the 18-year-old's negligence led to Lorenzo's death.

It also alleged that the FDOT was responsible as well for violating its own rules by allowing a drainage curb and large royal palm trees to be placed on a road where the speed limit was 50 mph."

[Continue Article]

When Doctors Misdiagnose a Heart Attack

mwhite@franklingrayandwhite.com (Blog Author)7185 — Wed, 10 Dec 2008 08:00:00 EST

An undiagnosed heart attack can lead to serious health complications and even death. If you or someone you love has had a heart attack that was not properly diagnosed by the doctor, you need to know your legal rights.

Every year, half a million people in the United States die of heart attacks. A percentage of these deaths could have been due to undiagnosed heart attacks. Even though it is hard to determine the amount of deaths caused by misdiagnosed heart attacks, doctors believe that the number is high.

Despite advances in diagnostics and medical protocols, many heart attacks are still missed. A study published in the New England Journal of Medicine stated that one in 50 heart attack victims are sent home by emergency room doctors by mistake. Some studies have shown this rate to be even higher.

Usually measures can be taken by doctors and hospitals to help save the life of someone experiencing a heart attack. Unfortunately, if the heart attack is misdiagnosed, these measures are not taken and sometimes the patient’s life is lost.

Misdiagnosed heart attacks make up the largest percentage of malpractice settlements. A doctor or hospital can be held liable when negligence was involved. Missed heart attacks are often the result of errors in diagnosis. One doctor was quoted in an article as saying that even the best physicians can easily miss cases.

If you or a family member had a misdiagnosed heart attack, you may be entitled to compensation. You should consult with a Kentucky medical malpractice attorney who can review your case to determine if malpractice existed. The medical malpractice lawyers at Franklin, Gray and White have extensive experience in this area of law and can help you recover the compensation you deserve. Call us today at (502) 637-6000 or (800) 637-6033 for advice regarding your case.

The article, Misdiagnosed Heart Attacks Cause Deaths in the United States, has more information on this subject.

Learn About the Cerebral Palsy KIDS Center

mwhite@franklingrayandwhite.com (Blog Author)7144 — Tue, 09 Dec 2008 08:00:00 EST

For almost half a century the K.I.D.S. Center has been working with children and their families to improve the quality of their lives by providing both home and center based early intervention services.

Their talented and highly motivated staff include:

    * Physical Therapists
    * Occupational Therapists
    * Speech and Language Pathologists

These are just a few of the many areas in which their therapists have specialized training:

    * Neuro Developmental Therapy Techniques
    * Short Term Orthopedic Rehabilitation
    * Sensory Integration Therapy Techniques
    * Infant Assessment and Development
    * Feeding Assessment and Intervention
    * Augmentative Communication

The K.I.D.S. Center is a friendly place where therapy sessions are family-focused, encouraging families to actively participate and learn activities to carry over at home with their children. This is a multidisciplinary treatment center for children with all types of developmental delays and/or disabilities. The K.I.D.S. Center serves children and young adults up to the age of twenty-one with a special emphasis on the needs of children from birth to five years old.

The K.I.D.S. Center’s goal is to improve the quality of life for both these special children and their families.

The KIDS Center is a private, non-profit agency funded by the generosity of individual corporations and charitable organizations. For more information, please <click here>

Victoria's Secret Bra Rash Lawsuits

mwhite@franklingrayandwhite.com (Blog Author)6960 — Wed, 03 Dec 2008 08:00:00 EST

From the ABA Journal:

"An Ohio woman has filed a lawsuit against Victoria’s Secret that claims two bras she purchased gave her a rash that was apparently caused by formaldehyde.

Roberta Ritter says she became “utterly sick” after she wore her new Angels Secret Embrace and Very Sexy Extreme Me Push-Up bras, the New York Post reports. The cosmetic chemist and occasional Cher impersonator told the publication the rash was "red hot to the touch, burning and itching."

The suit, filed May 14, says Ritter’s lawyers bought and tested bras like the ones owned by Ritter and found they contained formaldehyde, ABC News reports. Victoria’s Secret said in a statement that it is investigating customer complaints but it has strict quality controls and does not use formaldehyde in its bras. "We are sorry that a small number of people have had an issue and we want to help them determine the cause,” the company said."

[Continue Story]

If you or a loved one has experienced skin irritation, rashes, blistering, itching, scarring, or other health problems after use of a Victoria's Secret Bra, please contact the experienced Class Action attorneys at Franklin Gray & White, for a free consultation.

Jury Awards Truck Accident Victim $23.5Million

mwhite@franklingrayandwhite.com (Blog Author)6920 — Tue, 02 Dec 2008 08:00:00 EST

From the Wichita Eagle:

"In one of the biggest traffic-accident verdicts in Kansas, a jury awarded $23.5 million last week in a lawsuit stemming from injuries in a semitrailer accident in New Mexico.

U.S. District Judge Monti Belot reduced the actual award to nearly $15.3 million for Terry and Donna Frederick of Overland Park, because the jury decided the driver of the other truck was only 65 percent at fault.

Robyn Getchel tested positive for methamphetamine while driving a truck for Swift Transportation. Getchel claimed she was rear-ended.

But subsequent tests by the Fredericks' lawyers showed Getchel was backing up from a rest stop onto the highway when she hit the truck Terry Frederick was riding in for Yellow Freight. The driver of the Yellow Freight truck, Dennis Bottorff, was killed.

The accident occurred just after 1:30 a.m. on March 16, 2006, on U.S. 54 near Tucumcari, N.M., nearly two hours west of Amarillo, Texas.

Terry Frederick, 56, suffered a severe spinal cord injury.

"We believe we were awarded enough money to take care of our clients' injuries and what they've suffered," said Scott Nutter, one of the Fredericks' lawyers.

Terry Frederick had about $5 million in medical bills. The rest of the verdict covered future medical expenses, lost wages and pain and suffering."

[Continue Story]

Study Reveals Doctor Behavior Leads To Medical Errors

mwhite@franklingrayandwhite.com (Blog Author)6916 — Tue, 02 Dec 2008 08:00:00 EST

From the New York Times:

"It was the middle of the night, and Laura Silverthorn, a nurse at a hospital in Washington, knew her patient was in danger.

The boy had a shunt in his brain to drain fluid, but he was vomiting and had an extreme headache, two signs that the shunt was blocked and fluid was building up. When she paged the on-call resident, who was asleep in the hospital, he told her not to worry.

After a second page, Ms. Silverthorn said, “he became arrogant and said, ‘You don’t know what to look for — you’re not a doctor.’ ”

He ignored her third page, and after another harrowing hour she called the attending physician at home. The child was rushed into surgery.

“He could have died or had serious brain injury,” Ms. Silverthorn said, “but I was treated like a pest for calling in the middle of the night.”

Her experience is borne out by surveys of hospital staff members, who blame badly behaved doctors for low morale, stress and high turnover. (Ms. Silverthorn said she had been brought to tears so many times that she was trying to start her own business and leave nursing.)

Recent studies suggest that such behavior contributes to medical mistakes, preventable complications and even death.

“It is the health care equivalent of road rage,” said Dr. Peter B. Angood, chief patient safety officer at the Joint Commission, the nation’s leading independent hospital accreditation agency.

A survey of health care workers at 102 nonprofit hospitals from 2004 to 2007 found that 67 percent of respondents said they thought there was a link between disruptive behavior and medical mistakes, and 18 percent said they knew of a mistake that occurred because of an obnoxious doctor. (The author was Dr. Alan Rosenstein, medical director for the West Coast region of VHA Inc., an alliance of nonprofit hospitals.)

[Continue Story]

Medical negligence and errors are a too common occurrance and can lead to serious health consequences and even death. The law firm of Franklin Gray & White represents victims of medical malpractice. If you or a loved one has been injured as the result of medical negligence or error, please contact the experienced legal team at Franklin Gray & White for a free consultation.

Experts Concerned With Rise in C-Sections

mwhite@franklingrayandwhite.com (Blog Author)6848 — Sun, 30 Nov 2008 08:00:00 EST

From the Louisvile Courier-Journal:

"Kelly Parsons was in her eighth month of pregnancy when her water broke and doctors, concerned about her severe high blood pressure, prepared to deliver her baby by Caesarean section.

Lying in her hospital bed, she kept thinking her baby wasn't ready to be born.

"I knew it wasn't good," said the 30-year-old Louisville woman.

ndeed, while he's doing well at 5 years old, Parsons' son Jackson was born underweight, suffered breathing problems and jaundice and spent two weeks in a neonatal intensive care unit.

Such serious and costly medical problems are not unusual for the growing number of babies born relatively late in pregnancy, but before the 37 to 42 weeks considered full-term.

And a growing number of doctors and health advocates -- including the March of Dimes at a recent "prematurity summit" in Louisville -- are linking this to a new factor: a jump in C-sections.

The rate of C-sections reached a record in 2005 -- the most recent year for which data are available -- 30.3 percent of all births in the United States, up 46 percent from 1996. Kentucky's rate, 33.9 percent, was sixth-highest in the nation.

Pre-term births, meanwhile, have risen more than 30 percent in two decades nationally, and today comprise about one in seven births in Kentucky and Indiana. Most of those are "late pre-term," defined as 34 to 36 weeks in the womb.

Some medical experts and women's health advocates say late pre-term births could be reduced by bringing down the number of C-sections done before 39 weeks for reasons such as mothers' requests or doctors' schedules.

The March of Dimes is asking hospitals to voluntarily review all such C-sections.

"There are many of us doing elective Caesareans," said Dr. Iffath Abbasi Hoskins, of New York, vice president of the American College of Obstetricians and Gynecologists. "Often, it is for the health of the mother or baby. … (But) some of it is the patients saying: 'I'm done. Get me delivered.' "

Others argue, however, that the vast majority of C-sections are done for sound medical reasons, as in the case of Parsons, who was believed to be 33 weeks along. But doctors do admit medical decisions are sometimes tempered by concerns about malpractice lawsuits."

[Continue Article]

Prenatal and perinatal care are complicated areas of medical practice. Unfortunately, too often negligent care in these areas can led to devastating effects to the child and the mother. The law firm of Franklin Gray & White represents victims of medical malpractice including cases involving birth injuries and cerebral palsy. If you are concerned that you or a loved one has been the victim of medical malpractice, please contact the attorneys at Franklin Gray & White for a free consultation.

Fatal Truck Wreck In Texas

mwhite@franklingrayandwhite.com (Blog Author)6562 — Tue, 25 Nov 2008 08:00:00 EST

From Fox 26 in Houston:

A driver is killed after an accident causes the truck he was operating to roll over and catch fire in southwest Houston.

The truck was traveling northbound on U.S. Highway 59, the Southwest Freeway, when a car clipped the vehicle near the Weslayan exit and caused it roll over and catch fire before 8: 30 p.m. Monday.

The body of the male driver who drove the truck was consumed by the vehicle fire while a female passenger with two dogs was able to exit the truck before the flames overtook the truck. She was taken to Ben Taub General Hospital to be treated for her injuries.

(Continue Story)

The law firm of Franklin Gray & White represents the victims of truck and auto accidents. If you or a loved one were injured in an accident involving a truck, semi, and/or commercial vehicle, protect your rights. Contact the experienced legal team at Franklin Gray & White for your free consultation.

For further information on truck and auto accidents please see here, or see our online library.

Franklin Gray & White Obtains Settlement for Girl Seriously Injured in Six Flags Kentucky Kingdom Accident

mwhite@franklingrayandwhite.com (Blog Author)6422 — Fri, 21 Nov 2008 08:00:00 EST

Franklin Gray & White Obtains Settlement for Girl Seriously Injured in Six Flags Kentucky Kingdom Accident:

On June 21, 2007, Kaitlyn Lasitter, then 13, was riding the Superman Tower of Power ride at Six Flags Kentucky Kingdom with friends, when a cable broke seriously injuring her and severing her feet. Kaitlyn's right foot was reattached by surgeons at Vanderbilt University, but the surgeons were unable to reattach her left foot, requiring Kaitlyn to be fitted with a prosthesis. She has since had to undergo numerous complicated and painful surgeries.

Kaitlyn's parents hired Larry Franklin, of the law firm Franklin Gray & White to file suit against Six Flags Kentucky Kingdom on behalf of Kaitlyn. After approximately 1 1/2 years of litigation, numerous depositions, hearings, and complicated discovery issues, Mr. Franklin was able to obtain a settlement for Kaitlyn from the amusement park. For more information and media coverage, please see the bottom of this page.

The law firm of Franklin Gray & White represents injured people. For a sample of our previous successes, see here. If you or a loved one have been injured in a truck and auto accident, been a victim of medical malpractice or nursing home abuse and neglect, or suffered another type of injury, the law firm of Franklin Gray & White is here for you. Please contact the attorneys of Franklin Gray & White, or email Matthew L. White (mwhite@franklingrayandwhite.com) to schedule a free consultation.

For media coverage, please see:

Louisville Courier-Journal

WHAS11

32 WLKY

WAVE 3

FOX 41

Associated Press

More information to follow at FranklinGrayAndWhite.com

Truck Accident Links

mwhite@franklingrayandwhite.com (Blog Author)6385 — Thu, 20 Nov 2008 08:00:00 EST

Kentucky Transportation Cabinet:
http://www.transportation.ky.gov

Kentucky Office of Highway Safety:
http://drivesmart.ky.gov/

U.S. Department of Transportation:
http://www.dot.gov/

Federal Motor Carrier Safety Administration:
http://www.fmcsa.dot.gov/

Federal Motor Carrier Safety Regulations:
http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrguide.asp?section_type=A

National Highway Traffic Safety Administration:
http://www.nhtsa.dot.gov/

Safety and Fitness Electronic Records System (SAFER) - Trucking Company safety data:
http://www.safersys.org/

The law firm of Franklin Gray & White represents the victim of truck and auto accidents. If you or a loved one were injured in an accident involving a truck, semi, and/or commercial vehicle, protect your rights. Contact the experienced legal team at Franklin Gray & White for your free consultation.

For further information on truck and auto accidents please see here, or see our online library.

Trucking Company Named In Lawsuit Regarding Fatal 2006 Crash

tnewman@franklingrayandwhite.com (Blog Author)6358 — Thu, 20 Nov 2008 08:00:00 EST

From the Chicago Tribune:

A Protivin (PRO-tuh-vuhn) woman is suing a trucking company involved in a deadly crash that killed her two children in December 2006.

Nicole Sanders filed the lawsuit against Lee Steyer Trucking of Soldiers Grove, Wis., and driver William Creager, of Westby, Wis., in U.S. District Court in Cedar Rapids.

Sanders' children, 3-year-old Raven Williams and 2-year-old Wesley Williams, died in the crash on U.S. Highway 63 near New Hampton.

Authorities say Sanders' vehicle lost control on the icy highway and collided with a van. Both vehicles came to rest in the road before being struck by the semitrailer driven by the Wisconsin driver.

[Continue Story]

The law firm of Franklin Gray & White represents the victim of truck and auto accidents. If you or a loved one were injured in an accident involving a truck, semi, and/or commercial vehicle, protect your rights. Contact the experienced legal team at Franklin Gray & White for your free consultation.

For further information on truck and auto accidents please see here, or see our online library.

Truck Wreck On I-65

tnewman@franklingrayandwhite.com (Blog Author)6316 — Tue, 18 Nov 2008 08:00:00 EST

From the Courier-Journal:

"A two-vehicle accident has blocked the right lane on Interstate 65 northbound just before Grade Lane, according to a Trimarc Incident Report.

There were reports of injuries, a MetroSafe Communications supervisor said.

The supervisor also said the vehicles involved were a Ford Thunderbird and a dump truck."

For the story, click here.

Another accident involving a truck or commercial vehicle on the I-65 corridor. If you or a loved one have been injured in an accident involving a truck or commercial vehicle, protect your rights. Contact the attorneys at Franklin Gray & White for a free consultation.

Kentucky Truck Accident Statistics - Barren County

tnewman@franklingrayandwhite.com (Blog Author)6050 — Mon, 10 Nov 2008 08:00:00 EST

Trucking accidents are a serious problem that greatly affect Kentucky's roadways. This is expecially true along the I-65 corridor, which travels through several counties, including Barren County. The Kentucky Office of Highway Safety ("KOHS") complies statistics that demonstrate this concern. To see more about these trucking accident statistics for Barren County during the previous 8 years, please follow the links below:

Truck and Commercial Vehicle Collisions - Total
Truck and Commerical Vehicle Collisions - Injury Accidents
Truck and Commerical Vehicle Collisions - Fatalities

The law firm of Franklin Gray & White represents victims of trucking and auto accidents. If you or a loved one have been injured in a trucking or auto accident, please call the attorneys at Franklin Gray & White for a free consultation.

Kentucky Truck Accident Statistics - Bullitt County

mwhite@franklingrayandwhite.com (Blog Author)6049 — Mon, 10 Nov 2008 08:00:00 EST

Trucking accidents are a serious problem that greatly affect Kentucky's roadways. This is expecially true along the I-65 corridor, which travels through several counties, including Bullitt County. The Kentucky Office of Highway Safety ("KOHS") complies statistics that demonstrate this concern. To see more about these trucking accident statistics for Bullitt County during the previous 8 years, please follow the links below:

Truck and Commercial Vehicle Collisions - Total
Truck and Commerical Vehicle Collisions - Injury Accidents
Truck and Commerical Vehicle Collisions - Fatalities

The law firm of Franklin Gray & White represents victims of trucking and auto accidents. If you or a loved one have been injured in a trucking or auto accident, please call the attorneys at Franklin Gray & White for a free consultation.

Similar Drug Names Often Cause Medical Mixups

mwhite@franklingrayandwhite.com (Blog Author)5972 — Thu, 06 Nov 2008 08:00:00 EST

From the Louisville Courier-Journal: As the prescription drug market has grown through recent years, a number of such drugs bear similar names while treating vastly different ailments.

According to the article, 1.5 million Americans are harmed each year from medication errors and that name mix-ups are responsible for approximately a quarter of such injuries.

It is noted that poor penmanship is often responsible for the mixups, but notes other possibilities, including:

• A physician intends to prescribe a new drug but spells out a similar sounding old drug out of habit.

• A pharmacist is hurried and doesn't take time to call a physician to clarify an unclear prescription.

• A hurried pharmacist using alphabetized bottles on a shelf grabs the wrong one. Adding to the possibility of error is that some drugs may come in lookalike packaging. Antimisiaris said the drugs metronidazole, an antibiotic, and metformin hydrochloride, an antidiabetic drug, come in lookalike red, white and blue bottles, for example.

• A faxed prescription that is blurred or smudged.

• A phoned prescription that is hard to make out because of a poor connection.

As noted, prescription drug mixups can cause serious health problems. If you or a loved one believe that you have been harmed by a prescription drug mixup, or other medical malpractice, please contact the attorneys at medical malpractice attorneys at Franklin Gray & White for a free consultation.

Kentucky Truck Accident Statistics

tnewman@franklingrayandwhite.com (Blog Author)5907 — Mon, 03 Nov 2008 08:00:00 EST

As we have posted before, trucking accidents are a serious problem that greatly affect Kentucky's roadways. This is expecially true in the Louisville-Jefferson County area. The Kentucky Office of Highway Safety ("KOHS") complies statistics that demonstrate this concern. To see more about these trucking accident statistics for Jefferson County during the previous 8 years, please follow the links below:

Truck and Commerical Vehicle Collisions - Total
Truck and Commerical Vehicle Collisions - Injury Accidents
Truck and Commerical Vehicle Collisions - Fatalities

The law firm of Franklin Gray & White represents victims of trucking and auto accidents. If you or a loved one have been injured in a trucking or auto accident, please call the attorneys at Franklin Gray & White for a free consultation.

Another Tractor-Trailer Jackknifes On I-65

tnewman@franklingrayandwhite.com (Blog Author)5675 — Fri, 24 Oct 2008 08:00:00 EST

From the Louisville Courier-Journal: Again, a too-familiar sight on "Hospital Curve" on I-65 in downtown Louisville. In the early morning, a semi jackknifed, causing massive backups and delays.

Again, no one was seriously hurt, thankfully. Yet, accidents involving semis or other tractor-trailers often lead to serious and often catastrophic injuries. If you or a loved one were involved in such a truck and auto accident, please do not hesitate to contact one of the truck and auto accident attorneys at Franklin Gray & White for a free consultation.

Doctor Continuing to Practice After Being Linked to Several Deaths Causes Nevada Lawmakers to Rethink Regulations

mwhite@franklingrayandwhite.com (Blog Author)5562 — Tue, 21 Oct 2008 08:00:00 EST

From the Las-Vegas Sun: A doctor linked to the deaths of three patients and numerous allegations of medical malpractice, is continuing to practice. This has led to many in the medical community as well as several lawmakers to question the state of medical regulations in the state of Nevada.

Among the areas of concern are regulations that prevent pharmacists from refusing to fill suspicious prescriptions. Others were concerned with the state medical board's lack of action, and a process that seems to be overly lax in its oversight of medical professionals.

For more information on this story, see here.

Although this might be an extreme example of medical malpractice, one must still remain vigilant towards the care they receive from their medical providers. The law firm of Franklin Gray & White has years of experience in medical malpractice litigation. If you or a loved one believe that you have been the victim of medical malpractice, please contact one of the attorneys at Franklin Gray & White for a free consultation.

Pfizer to Pay $894 Million to Settle Celebrex, Bextra Lawsuits

mwhite@franklingrayandwhite.com (Blog Author)5507 — Mon, 20 Oct 2008 08:00:00 EST

From Bloomberg.com, Pfizer has agreed to settle many of the the pending lawsuits against the company claiming injuries from the use of its products, Celebrex and Bextra. Although this settlement agreement has yet to be approved by any Court, Pfizer announced that it is prepared to pay approximately $894 million to resolve over 90% of the pending lawsuits regarding these products.

The lawsuits alleged that painkillers Celebrex and Bextra caused heart attacks and strokes.

The law firm of Franklin Gray & White has experience in the litigation of national class actions, like the one described above. For more information on class action litigation, please see here. If you or a loved one believe that you have been injured by the use of a prescription, over-the-counter, or otherwise recalled medication, please contact one of the attorneys at Franklin Gray & White for a free consultation.

Lawsuit Alleges Nursing Homes Took On Patients They Could Not Properly Care For To Increase Profits

mwhite@franklingrayandwhite.com (Blog Author)5354 — Tue, 14 Oct 2008 08:00:00 EST

From the Seattle Post-Intelligencer: a Federal lawsuit alleges among other claims that a group of Washington state nursing homes regularly took on patients that they could not properly care for in order to boost profits.

The lawsuit names as a defendant a company that runs 15 nursing homes in the Washington area. Plaintiffs allege that these homes took in patients without evaluating whether they could be given the proper care and treatment at the facility but solely focused on the added profits new patients would bring.

Family members and friends, justifiably, have high expectations for the quality of care their loved ones will receive at a nursing home. However, too often, we see cases like these, where the nursing home industry has overlooked care in pursuit of larger profits. The law firm of Franklin Gray & White assists those who have been the victim of Nursing Home Abuse & Negligence. If believe a loved has been the victim of nursing home abuse and neglect, please contact one of the attorneys at Franklin Gray & White for a free consultation.

Medicare to Stop Paying Hospital for Added Cost of Hospital Errors

mwhite@franklingrayandwhite.com (Blog Author)5173 — Wed, 08 Oct 2008 08:00:00 EST

From the New York Times: Medicare recently began applying a congressional mandate that it will no longer pay hospitals for the added costs of treating patients who are injured in the hospital's care.

An initial list of incidents that Medicare deemed "reasonably preventable" and will not pay hospitals for these occurrences includes; incompatible blood transfusions, sponges left in after procedures, serious bed sores, hospital falls, and urinary tract infections caused by catheters.

The Times article adds that other insurers have enacted similar provisions, such as Medicaid denying payment for so-called "never events", events that are never supposed to happen under a hospital's care.

Implicit in this article is the unfortunate reality that day-to-day many of these events that should not occur when medical facilities provide proper care and ensure compliance with health and safety standards, do in fact occur. If you or a loved one have been a victim of medical malpractice, while a patient of a hospital or another medical provider, the please call the medical malpractice attorneys at Franklin Gray & White. The attorneys at Franklin Gray & White have experience in many areas of medical malpractice litigation. If you have any questions, please contact us for a free consultation.

Conditions Blamed in Tractor-Trailer Accident on I-65

mwhite@franklingrayandwhite.com (Blog Author)4984 — Wed, 01 Oct 2008 08:00:00 EST

In this news brief from the Louisville Courier-Journal there are details of yet another tractor-trailer accident on I-65. Here, the driver involved in the accident blames road conditions for his loss of control of his truck which jacknifed and struck the dividing wall.

Thankfully, though I-65 was shut down for several hours, no one was seriously hurt. However, wrecks involving semis and tractor-trailers often result in serious and catastrophic injuries. If you or a loved one were involved in such a truck and auto accident, please contact one of the truck and auto accident attorneys at Franklin Gray & White for a free consultation.

Antibiotics for Preterm Labor Linked to Cerebral Palsy

mwhite@franklingrayandwhite.com (Blog Author)4756 — Mon, 22 Sep 2008 08:00:00 EST

From the Washington Post, two recent studies have found a link between preterm labor antibiotics and cerebral palsy. The article states that "not only do antibiotics not help pregnant women experiencing premature labor without ruptured membranes and no sign of infection, they may increase the risk of cerebral palsy in some children."

A doctor interviewed for the article said this about the study, "This is a good study, because it's a large number of patients, and it shows that the use of antibiotics do not help and are possibly harmful for preterm labor in the absence of rupture of the membrane (broken water)."

However, doctors who were interviewed about the study were quick to warn pregnant women not to neccessarily avoid antibiotics though, stating, "We need to reassure pregnant women that, if they have signs of infection and antibiotics are clearly indicated, then they should feel no reluctance to accept antibiotics."

The law firm of Franklin Gray & White has experience litigating cases involving birth injuries and cerebral palsy. If you are concerned that you or a loved one has experienced a birth injury, please contact the attorneys at Franklin Gray & White for a free consultation.

National Transportation Safety Board Pushes Trucking Companies, Government for Safety Measures

mwhite@franklingrayandwhite.com (Blog Author)4648 — Wed, 17 Sep 2008 08:00:00 EST

From the Associated Press, the National Transportation Safety Board ("NTSB") has recommended that both trucking companies and the Federal Government should take measures to address safety concerns over driver fatigue and exhaustion.

The hearing came about in response to a tragic accident in Wisconsin three years ago in which 5 people where killed when school bus carrying school band members crashed in an overturned tractor-tractor whose driver fell asleep at the wheel.

The NTSB called for trucking companues to take measures to ensure that it drivers get enough rest. Furthermore, it called for the government to step up its enforcement of safety regulations such as requiring trucking companies to keep detailed records and ensuring their drivers get enough rest.

The law firm of Franklin Gray & White is concerned with trucking industry safety and represents clients who have been injured in truck and auto accidents. If you or a loved one has been involved in a truck and auto accident, please contact the attorneys at Franklin Gray & White for a free consultation.

Patients Often Left Confused After Emergency Room Visits

mwhite@franklingrayandwhite.com (Blog Author)4620 — Tue, 16 Sep 2008 08:00:00 EST

This article from the New York Times highlights the confusion often experienced by patients who have made emergency room visits. The article is concerned with a recent study that followed a group of E.R. patients and measured their understanding of 1.) their diagnosis 2.) their E.R. treatment 3.) their home care instructions and 4.) the warning signs signaling a need to return to the hospital.

The results of the study are unfortunate. Of the surveyed patients, 78% did not understand at least one of those areas and about half did not understand two or more areas. This is especially concerning as failure to understand these areas could lead to further and potentially life-threatening injuries for patients. Hospitals and their staff need to take special notice of the results of this study, and need to redouble their efforts to ensure that all patients not only get the necessary medical information critical to their further care and treatment but understand it as well.

The law firm of Franklin Gray & White represents victims of medical malpractice. If you or a loved one believe that you have not been given adequate instructions following an emergency room visit, or have any other questions regarding medical malpractice, http://www.franklingrayandwhite.com/contact.cfm#mce_temp_url# the attorneys of Franklin Gray & White for a free consultation.

Research Study Identifies Factors That Lead to Trucking Accidents

mwhite@franklingrayandwhite.com (Blog Author)4594 — Mon, 15 Sep 2008 08:00:00 EST

In the preceding link to the article from Science Daily, it is noted that a recent study has been completed identifying factors contributing to truck and semi accidents.

The study, published in the International Journal for Vehicle Safety notes that three "critical manoeuvers" lead to the loss of control preceding a tractor-trailer, truck, or semi accident. Those manoeuvers being (1) bend-negotiation (2) avoidance manoeuvers, and (3) road-edge recovery.

Truck and semi accidents comprise a large portion of the catastrophic accidents that happen daily on Kentucky's roads and highways. Both operators and their respective trucking companies need to practice the utmost care and caution in preventing these too often tragic accidents. To learn more about Truck and Auto Accidents, please click here.

The law firm of Franklin Gray & White represents victims of trucking and auto accidents. If you or a loved one have been injured in a trucking or auto accident, please call the attorneys at Franklin Gray & White for a free consultation.

New Study Discusses Damaging Effects of Use of Shoulder Pain Pumps

mwhite@franklingrayandwhite.com (Blog Author)4362 — Wed, 03 Sep 2008 08:00:00 EST

Another recent study has found damaging effects of shoulder pain pumps and their corresponding anesthetics. The study appears in the American Journal of Sports Medicine and was conducted by several members of the Standford University Department of Orthopaedic Surgery, Division of Sports Medicine.

For more information, click here.

The law firm of Franklin Gray & White represents clients who have been injured by the use of shoulder pain pumps. If you or a loved one have had such a device and have any questions or concerns, please contact Matt White of Franklin Gray & White for a free consultation.

Trucking Company Enters in Multi-Million Dollar Settlement in Missouri

mwhite@franklingrayandwhite.com (Blog Author)4260 — Thu, 28 Aug 2008 08:00:00 EST

A Michigan Trucking company recently entered into an $18 million dollar settlement before punitive damages could be determined after a jury found for the plaintiffs in the amount of $15 million in compensatory damages.

The underlying litigation highlighted a disturbing trend in the way trucking companies attempt to avoid the entire company's assets being at risk for its liability for any negligent or reckless behavior. Simply put, the business splits its company into several different and separate entities and has each solely perform one function (i.e. the qualification of drivers).

The substantive aspect of the lawsuit, however, is another unfornuate example of negligent and reckless practices by both truck drivers and the trucking industry leading to unneccesary deaths on our roads and highways. In this case, a driver who allegedly was not only in bad general health, but also fell asleep behind the wheel as he had been on the road for too many hours, slammed into a rear of a vehicle killing four family members.

The law firm of Franklin Gray and White represents clients who have been injured in accidents involving tractor-trailers and semis or other trucking related accidents. If you or a loved one have been injured in a truck and/or auto accident, please contact the attorneys at Franklin Gray and White for a free consultation.

New FAA Rule to Require Device to Prevent Airline Tank Explosions

mwhite@franklingrayandwhite.com (Blog Author)4259 — Thu, 28 Aug 2008 08:00:00 EST

After years of delay, a FAA rule is set to go into effect requiring a device to be placed in aircraft to prevent fuel tanks from exploding. The rule comes many years after the explosion aboard a TWA flight took the life of 230 passengers.

This is welcome news. The rule would require these devices to be installed in new aircraft, as well as requiring retrofitting in several models of existing aircraft.

Aviation safety and regulations are a concern of the law firm of Franklin Gray & White. The attorneys at Franklin Gray & White were recently able to obtain a settlement for the family of one of the victims of ComAir Flight 5191.

If you have any questions or concerns about this article or aviation safety, please contact one of the attorneys at Franklin Gray & White.

Recent Investigation Effort Finds Hundreds of Trucks Operating in Violation of Safety Regulations

tnewman@franklingrayandwhite.com (Blog Author)4258 — Thu, 28 Aug 2008 08:00:00 EST

A recent 72 hour dragnet in Georgia, part of a larger North American effort by commercial vehicle investigators found over one hundred commercial vehicles to be in violation of safety regulations to the extent requiring the vehicles to be grounded.

122 drivers were found to be in violation of the number of hours drivers are allowed to be on the road to fatigue and overall safety concerns. The effort also found numerous violations of brake safety and maintenance regulations.

Unfortunately, this is another example of disturbing news from the trucking industry. As we have stated before, responsbility for keeping our roads and highways free from catastrophic tractor-trailer accidents extends beyond the drivers behind the wheel include the trucking companies as well.

The law firm of Franklin Gray and White represents clients who have been injured in accidents involving tractor-trailers and semis or other trucking related accidents. If you or a loved one have been injured in a truck and/or auto accident, please contact the attorneys at Franklin Gray and White for a free consultation.

Class Action Certified Against Insurance Company For Unfair Business Practices

mwhite@franklingrayandwhite.com (Blog Author)4134 — Fri, 22 Aug 2008 08:00:00 EST

The Connecticut Supreme Court recently certified a class action against The Hartford Fire Insurance Company filed by the Auto Body Association of Connecticut and several auto body shops.

The lawsuit alleges that the insurance company engaged in unfair business practices by steering customers to certain repair shops and eliminating the use of independant appraisers. This practice raises several concerns including customers being denied fair appraisals as well as being subjected to possibly undesirable practices by insurance company preferred body shops.

Article Links Race, Predatory Lending Practices

mwhite@franklingrayandwhite.com (Blog Author)3958 — Thu, 14 Aug 2008 08:00:00 EST

This disturbing article in the August 14th Louisville Courier-Journal notes that African-American homebuyers have been particularly affected by recent deceptive and misleading lending practices. The article notes that in addition to other factors, some lending companies have targeted minority neighborhoods in promoting risky mortgages and refinancing.

This news comes on the heels of another state filing suit against one of the country's largest lenders, Countrywide. The attorneys at Franklin Gray & White are currently investigating deceptive and misleading practices in the lending industry. If you believe you have been a victim of such practices, please contact Matt White, of Franklin Gray & White, for a free consultation.

Truck Driver Awarded $267,000 Jury Verdict After Wrongful Termination For Refusing To Transport Unsafe Load

mwhite@franklingrayandwhite.com (Blog Author)3476 — Wed, 16 Jul 2008 08:00:00 EST

From the Austin-American-Statesman, a Texas jury awarded a truck driver $267,000 for his wrongful termination by an Austin trucking company for refusing to transport an unsafe load. The driver was asked to transport a load containing 20 foot steel uprights for holding shelves. The driver did not believe that the load was properly secured and that it was already shifting before transport. After the driver's initial refusal to transport the load was rebuked by his boss, he drove the 18 wheeler five miles before returning to the company and refusing again to make the drive, believing that he might cause an accident and kill someone. The trucking company again demanded that he get on the road, but the driver refused and was fired.

This goes to show that the responsibility for trucking safety extends beyond the drivers behind these rigs. The driver should be applauded for his actions, but the behavior of the trucking company is disconcerting. The practices of trucking companies can lead to unsafe conditions on our roads and highways. As the driver must show caution in the operation of a tractor-trailer, so too must a trucking company in properly securing loads and preventing unsecured loads from being transported, ensuring that employees are well-vetted before they get behind the wheel and once behind the wheel are well rested and working reasonable shifts, and complying with state and local regulations.

Injuries caused by trucking related accidents occur too often. The law firm of Franklin Gray & White represents those who have been involved in trucking related accidents. If you or a loved one has been injured in such an accident, please contact the attorneys at Franklin Gray & White for a free consultation.

Lawsuit Filed Over Death In NYC ER

mwhite@franklingrayandwhite.com (Blog Author)3394 — Wed, 09 Jul 2008 08:00:00 EST

From MSNBC.com, a lawsuit has been filed over the death of a woman who collasped in a New York City emergency room and was ignored by staff for about one hour. This story has been garnering attention from the national media as security footage from the ER appears to show several members of the hospital's staff noticing the patient lying on the floor without making any attempt to check on her condition.

This is a tragic story that draws much needed attention to the mistreatment too often suffered by the poor and mentally disabled at medical institutions across the country. To that end, the law firm of Franklin Gray & White works on behalf of clients and their families who have been the victim of medical malpractice as well as nursing home abuse or neglect. If you or a loved one have suffered such injuries, please contact the attorneys at Franklin Gray & White for a free consultation.

Recent Study on Effect of Anesthetic Dosing on Cartilege

mwhite@franklingrayandwhite.com (Blog Author)3367 — Mon, 07 Jul 2008 08:00:00 EST

The preceding is a link to an abstract of a study recently published in The Journal of Bone and Joint Surgery (UK Edition). The study looked at the effects of anesthetic dosing on cartilege.

The law firm of Franklin Gray & White currently represents clients who were injured through the use of shoulder pain pumps and their respective anesthetics. If you or a loved one were a recipient of such a pump, and believe that you have sustained injuries, please contact Matthew White for a free consultation.

$1.2 million Lexington Kentucky Malpractice Verdict

mwhite@franklingrayandwhite.com (Blog Author)3313 — Tue, 01 Jul 2008 08:00:00 EST

A Fayette County Kentucky jury awarded $1.2 million to the plaintiff in a medical malpractice trial. Larry Franklin represented the plaintiff in the week-long trial in Lexington Kentucky.

Consumers Experience Serious Illness from "Total Body Formula" and "Total Body Mega Formula Products

mwhite@franklingrayandwhite.com (Blog Author)3201 — Wed, 25 Jun 2008 08:00:00 EST

The U.S. Food and Drug Adminstration recently completed their analysis of certain varieties of the liquid dietary supplement Total Body Formula and Total Body Mega Formula and what they found is disturbing. Flavors of Tropical Orange and Peach Nectar of the Total Body Formula line of products and the Orange/Tangerine flavor of Total Body Mega Formula line were found to have not only hazardous levels of selenium, but hazardous levels of chromium as well.

Multiple instances of consumers being sickened by these products have been reported. Seven to ten days after ingestion of these products consumers experienced such adverse reactions such as muscle cramps, diarrhea, joint pain, fatigue and significant hair loss. The high levels of chromium could have resulted in muscle cramps and fatigue as well as hyperactivity, hypoglycemia, renal failure, and liver toxicity.

These products are known to have been distrubuted in several states, including Kentucky. The law firm of Franklin Gray & White is currently working on behalf of clients who have been injured by these products. If you or a loved one have experienced adverse reactions from these products, contact Matthew White (mwhite@franklingrayandwhite.com) of Franklin Gray & White for a free consultation.

Hospital Falls

mwhite@franklingrayandwhite.com (Blog Author)3186 — Tue, 24 Jun 2008 08:00:00 EST

Falls in hospitals occur all to often and have devastating results. Many times, the falls are preventable. Too often falls are the result of hospital staff failing to properly monitor patients or attend to them as necessary. Patients being medicated with benzodiazepines are especially vulnerable to falls as are patients within compromised ambulatory ability. Family members with loved ones in the hospital should be vigilant in ensuring that hospital staff do their job in ensuring that their patient receive proper safety measures to prevent a fall.

Many Factors Have Been Identifed As Causing Cerebral Palsy

mwhite@franklingrayandwhite.com (Blog Author)3112 — Thu, 19 Jun 2008 08:00:00 EST

Many mistakes by doctors and hospitals during delivery can lead to cerebral palsy. The following is a list of mistakes made during delivery that have caused chlidren to be born with cerebral palsy:

-Failure to recognize and treat seizures following delivery
-Failure to detect a prolapsed cord (when the umbilical cord wraps around the child's neck and cuts off oxygen to the brain)
-Improper or excessive use of vacuum extractors
-Improper or excessive use of forceps
-Failure to properly respond to fetal heart rate changes
-Leaving the child in the birth canal too long causing a lack of oxygen to th brain
-Failure to respond to the mother's changing conditions such as high blood
pressure, toxemia or abnormal pain
-Failure to timely diagnose and treat jaundice
-Failure to timely diagnose and treat meningitis

Franklin Gray & White has successfully represented many children injured during birth against hospitals and doctors in medical malpractice lawsuits. The firm currently has the largest jury verdict in Kentucky for these types of lawsuits.

Half Of Major Truck Accidents Are Preventable

mwhite@franklingrayandwhite.com (Blog Author)3094 — Wed, 18 Jun 2008 08:00:00 EST

Engineers at Mercedes-Benz conducted a fleet test of 1,000 big rigs in 2006. The results of the study showed that roughly 50% of serious truck accidents could be prevented. Trucks equipped with Lane Assistant, stability control and proximity control systems had less than half of the accidents compared to trucks without the safety equipment. The trial study lasted over a year and covered over 66 million miles of driving. The safety equipment effectively reduced the number of rear-end collisions and truckers going off road. Hopefully, technological advances in safety equipement will continue to evolve and become more commonplace on big rigs operating on public roadways. Kentucky's roadways could certainly benefit from these safety advances.

Symptoms of Postarthroscopic Glenohumeral Chondorolysis (PAGCL) Can Develop 3-12 Months After Surgery

mwhite@franklingrayandwhite.com (Blog Author)3045 — Sat, 14 Jun 2008 08:00:00 EST

Many cases of PAGCL develop 3-12 months after surgery. One of the most common procedures that patients experiencing PAGCL have is known as a Bankart procedure. This procedure is used to repair chronic dislocation of the shoulder joint and shoulder instability. Arthroscopic surgery is often used over open surgery to perform a Bankart procedure (also known as a Broca-Perthes-Bankart procedure). Anyone that has had this procedure and used a pain pump should consult with their physician and be watchful of the signs and symptoms of PAGCL

Safe Holiday Travel Tips

mwhite@franklingrayandwhite.com (Blog Author)3018 — Thu, 12 Jun 2008 08:00:00 EST

As summer approaches, many motorists will take to Kentucky's roadways to travel. Increased traffic is expected throughout the summer months. While this is often a time for fun and gathering with family and friends, it is also a time for increased auto and truck accidents.

Kentucky State Police offer the following tips for safe holiday travel:

Buckle your seat belt and make sure your passengers do also. It's the best defense in a traffic crash. According to Kentucky law, children 40 inches in height or less must be buckled into a child safety restraint that meets federal standards. Children over 40 inches tall must wear a seat belt.
Slow down. Excessive speed reduces your ability to avoid a crash, extends your vehicle's stopping distance and increases the severity of a crash when it occurs.
Avoid aggressive driving behaviors such as tailgating, passing on the shoulder of the road, changing lanes without signaling, violating traffic signals and weaving in and out of traffic.
Be extra-attentive in construction zones. Look for the orange warning signs, follow posted speed limits, leave adequate space between vehicles, obey road crew flaggers, watch for workers and sudden stops and be prepared for changing road surfaces and traffic patterns.
Watch for road debris, such as tire treads, garbage, lumber, gravel, tree limbs, muffflers and exhaust parts.
Avoid fatigue by taking frequent breaks, particularly on long-distance trips.
Watch for semi-tractor trailers at all times
Be Safe

Increase in Use of Pain Pumps Due to Heavy Marketing and Insurance Companies Approving Reimbursements

mwhite@franklingrayandwhite.com (Blog Author)3008 — Wed, 11 Jun 2008 08:00:00 EST

The dramatic increase in use of shoulder pain pumps after shoulder surgery is due in large part to the marketing efforts of the pain pump manufacturers and the increase in insurance companies approving coverage for such devices. Many insurance companies believed they could save money by having patients use pain pumps rather than traditional oral pain medications. Although the pain pumps may be cheaper they come with the risk of postarthroscopic glenohumeral chondrolysis or PAGCL. Franklin Gray & White is currently litigating several lawsuits in Kentucky filed against shoulder pain pump manufacturers and investigation dozens more.

Class Action Lawsuits Filed Against Humana, Others

mwhite@franklingrayandwhite.com (Blog Author)2963 — Sun, 08 Jun 2008 08:00:00 EST

From the Louisville Courier-Journal. Humana announced that they have been named as a defendant in two separate class action lawsuits. In a class action lawsuit filled in the United States District Court, Western District of Kentucky, it is alleged that Humana provided misinformation to participants of certain retirement-savings plans. In the other class action lawsuit filed in the United States District Court, District of Connecticut, Humana is accused of conspiring with others to fix the reimbursment rates for the costs of services received out of network. Participants in both retirement savings plans and health care plans need to be vigilent about the terms of their plans and the actions of their respective providers.

Federal Government Again Reviews Hours-of-Service Rule For Commercial Truck Drivers

mwhite@franklingrayandwhite.com (Blog Author)2962 — Sun, 08 Jun 2008 08:00:00 EST

The U.S. Department of Transporation's Federal Motor Carrier Safety Administration (FMCSA) is once again reviewing the length of time commercial drivers can operate trucks before they are required to take a break. The previous rules were established in 2005 and replaced the Hours-of-Service regulations that were last updated in 2003. Hopefully, the FMCSA will continue to enact regulations that keep drivers healthy and make highways safer by reducing driver fatigue which can lead to catastrophic semi tractor-trailer and other big truck accidents.

Walgreens and Medicaid-paid Prescriptions Settlement

mwhite@franklingrayandwhite.com (Blog Author)2944 — Fri, 06 Jun 2008 08:00:00 EST

The preceding article from Bloomberg.com. details a settlement reached between Walgreen Co., and 42 U.S. states and the U.S. government. In the settlement, Walgreens agreed to pay $35 million for a scheme in which the large U.S.-based drugstore filled Medicaid-paid prescriptions with the most expensive form of medication available. In what may become a class action, this settlement comes on the heels of settlements with two other large prescription drug distributors, CVS Caremark and Omnicare for similar practices. U.S. taxpayers were ultimately the victims the the respective schemes, but all citizens need to be aware of how their prescriptions are being filled, be it through a health care plan or by the consumer's responsibility alone. The law firm of Franklin Gray & White handles many types of class actions and complex litigations, including those related to the health care or pharmaceutical industries. If you believe you may have such a complaint, please contact our firm for a free consultation.

Hospitals Take Measures To Eliminate Birth-Related Injuries and Deaths

mwhite@franklingrayandwhite.com (Blog Author)2930 — Wed, 04 Jun 2008 08:00:00 EST

In the preceding article, a coalition of some of the country's leading hospitals announce the formation of a collaborative effort designed to reduce the number of preventable birth-related injuries and deaths that occur, according to a source in the article, in close to 3 of every 1,000 births. This is welcome news. As the article states, there are way too many preventable birth-related injuries and deaths each year. Common issues listed as being responsible for these perinatal injuries and death include, inappropriate use of labor-inducing drugs, inappropriate use of vacuum extractors or forceps, failure to recognize an infant in distress, failure to timely intiate cesarian births, and failure to properly resusciate a depressed baby.

The Premier Perinatal Safety Initiative (which includes local Baptist Hospital East) seeks to make these improvements in perinatal care through information sharing, "care bundles", studies and analyses, and the creation of an advisory counsel.

As stated, the occurrence of preventable birth-related injuries and deaths is a significant problem. The law firm of Franklin Gray and White represents clients whose children have experienced such injuries or death. If you believe your child was the victim of such a birth-related injury, please contact our firm for a free consulation.

Tip Pooling/Shared Tip Pools

mwhite@franklingrayandwhite.com (Blog Author)2920 — Tue, 03 Jun 2008 08:00:00 EST

In this blurb from the Louisville Courier-Journal, it is noted that Starbucks was recently ordered to pay $100 million to baristas for lost tips. The lawsuit stemmed from a practice called tip pooling. In the Starbucks case, shift supervisors, or managerial employees, had been taking funds from a shared tip pool that was meant only for nonmangerial employees. These types of practices occur more often than one may think and result in the loss of hard earned tips for many employees. Employees need to be aware that their rights may be violated when employees who are generally not tipped are sharing in a tip pool with tipped employees. If you are an employee who believes your employer may be engaging in such a practice or has questions about this practice, please contact the law firm of Franklin Gray and White for a free consultation.

Trucking Company Involved in Fatal Accident Violated Safety Regulations

tnewman@franklingrayandwhite.com (Blog Author)2919 — Tue, 03 Jun 2008 08:00:00 EST

It is a thing we see too often. A fatality or otherwise catastrophic injury on the Kentucky roadways resulting from an accident involving a truck or tractor-trailer. The following article from the Louisville Courier Journal discusses a recent review by the Kentucky Vehicle Enforcement agency that found a local trucking company, recently involved in such an accident, had committed eight violations of Federal and State safety regulations. It is of the utmost importance that trucking companies and their employees comply with Federal and State safety regulations. When they fail to do so, or as the result of some other negligence on their part, accidents involving fatalities and/or catastrophic injuries often occur. The law firm of Franklin Gray and White represents clients who have been involved in such accidents. If you or a loved one have been injured in a trucking accident, please contact our firm.

Concern Regarding Shoulder Pain Pumps and PAGCL

mwhite@franklingrayandwhite.com (Blog Author)2888 — Mon, 02 Jun 2008 08:00:00 EST

Several recents studies have shown a disconcerting link between the use of shoulder pain pumps and a serious condition known as Postarthroscopic Glenohumeral Chrondrolysis (PAGCL). Shoulder pain pumps are often used in arthroscopic surgeries. The pain pumps are supposed to function as a pain reliever by delivering pain medication directly to the joint. However these studies have linked the use of these shoulder pain pumps to to a painful condition known as PAGCL. Symptoms of PAGCL include, pain, stiffness, loss of range of motion, popping and grinding of the joint, and loss of strength. PAGCL can cause a permanent disability. If you think you were the recipient of one of these pain pumps, first contact your doctor. The law firm of Franklin Gray and White represents clients who have experienced injuries from the use of shoulder pain pumps. If you believe you have experienced such an injury, please contact our firm.

Louisville Car Crash Leaves a Man Dead

mwhite@franklingrayandwhite.com (News Author)12991 — Tue, 23 Feb 2010 08:00:00 EST

A Louisville auto accident involving two vehicles leaves one man dead and sends three others to local hospitals. The incident took place at approximately 5:30 PM on Monday evening, February 1, 2010, at the intersection of Manslick Road and Fairdale Road.

According to police, a Chevrolet pickup truck was traveling northbound on Manslick Road and crossed over the center line. That is when the truck slammed into a Pontiac head-on.

The driver of the pick-up truck, who is believed to be in his 30’s, was pronounced dead at the scene from injuries sustained in the accident. He was not believed to have been wearing a seatbelt when he hit the Pontiac. Police have not released his identity.

There were three victims in the Pontiac at the time of the accident, one woman and two children. Rescue crews transported the woman to University Hospital. Her injuries were not considered to be life-threatening.

The two children were taken to Kosair Children’s Hospital. Both children suffered only minor injuries in the wreck.

The fatal Louisville car accident is still under investigation. Police have indicated that they believe that the male driver of the truck may have been drinking prior to the accident.

This is an unfortunate accident and our thoughts and condolences go out to all of those that have been impacted by this tragedy.

HOW TO PROTECT YOURSELF FROM MEDICATION ERRORS!

mwhite@franklingrayandwhite.com (News Author)13025 — Tue, 23 Feb 2010 08:00:00 EST

Pharmaceutical errors can occur from prescribing medications, including:

-Physician writing a prescription for the wrong medication or for the wrong dosage;
-Pharmacist incorrectly filling a prescription order;
-Pharmacy incorrectly labeling a prescription;
-Nurse incorrectly administering a medication;
-Nurse or physician failing to chart any drug allergies;
-Failure to take an adequate history of current medications and then prescribing a new medication that is contraindicated.

Ways to protect yourself from medication errors include:

First and foremost, make sure you understand all the instructions on your medications and follow them to the letter. Talk to your doctor or pharmacist about any instructions that are the slightest bit unclear, and ask about interactions. (Some drugs will interact with other drugs or even with foods or herbs.) Patients who have trouble understanding a doctor's instructions should bring a friend or family member along to their appointments.
•Give your healthcare providers a list of every drug you take, including herbal remedies or over-the-counter products like aspirin. This will greatly reduce the chance that a doctor will prescribe a drug that clashes with one of your other medications.
•Be sure to tell your doctor if you've ever had a bad reaction to a drug. This could include an allergic reaction, often marked by wheezing, rashes, or hives.
•Know the potential side effects of each medication and what you should do if they occur.
•No matter how tempting, don't take medicine prescribed for someone else or share your prescriptions with others.
•Keep a medicine calendar that lists the correct time and dosage for each medication. When you've taken your medicine, make a check-mark on the calendar, so you don't wind up taking too much medicine (or too little).
•Incorporate your medications into your daily routine: that way, it'll be easier to remember to take them. If appropriate, combine your medicine-taking with other routines such as eating lunch or brushing your teeth.
•If you're taking several medications at once, consider using a pill organizer. Throw out drugs once their expiration dates have passed. (Don’t throw them down the toilet unless the drug’s instructions say to. Otherwise they may end up in our water supply.)
•Always keep medications in their original containers. Although it may seem practical to store a few prescription pills in an old vitamin bottle during your vacation, you might end up swallowing a drug when you meant to take a vitamin.
•Whenever you pick up a prescription, ask the pharmacist what the drug is for. If you have athlete's foot and the pharmacist tries to give you an anti-seizure medication, you know there's been a mix-up.
•Turn on the light when taking medications at night. It's alarming how easy it is to mix up pills in the dark.
•When getting a prescription refilled, be alert for any sudden, unexpected changes. If the pills are a different color or shape or if the instructions have changed, double-check the prescription with your doctor or pharmacist.
•If you're going to the hospital, arrange for a family member or another companion to stay with you: They can make sure you get the right medications and speak up if something doesn't seem right. They can also help you write down the name and dosage of all the medications you're taking (a good reference in case there's any confusion later on).
•Keep the lines of communication open. Share any questions or concerns with your doctor or pharmacist, and answer their questions as completely as possible. Mistakes are much less likely when everyone's on the same page.

If you or a loved one has been a victim of medication error please contact Matthew White at mwhite@franklingrayandwhite.com for a FREE CONSULTATION.

Louisville Car Accident Involves Recalled Toyota

mwhite@franklingrayandwhite.com (News Author)12989 — Mon, 22 Feb 2010 08:00:00 EST

A Louisville car accident leaves six people injured when an accelerator allegedly becomes stuck in a recalled Toyota.

Rhonda Muehl reported that she was stopped in front of her house on Terry Road and waiting to make a left turn when she was rear-ended by a 2007 Toyota Tundra. The force of the impact caused Muehl to collide with a Ford Explorer.

Six people were transported to a local hospital and treated for injuries sustained in the accident. Their identities were not made known. Muehl, along with the driver of the Toyota, Scott Tarter, of Louisville, suffered minor injuries.

“I heard the tires squealing like someone trying to stop,” Muehl said. She immediately went over to Tarter and reported that he claimed that the gas pedal stuck.

Tarter told police that he attempted to stop but could not. “I could have killed people and lost my home and my whole life over,” he said. “I could have killed somebody.”

Tarter also indicated that his insurance company was investigating the incident.

Officials are still conducting their investigation. Anyone who has a Toyota that may have been recalled, they should contact the manufacturer immediately.

This is an unfortunate accident and our sympathies go out to all of those that were involved.

Louisville Car Accident Kills 1, Injures 6

mwhite@franklingrayandwhite.com (News Author)12933 — Sat, 20 Feb 2010 08:00:00 EST

A Louisville car accident involving a car and a van leaves one dead and six others injured after the two vehicles collide. The incident took place at approximately 10:00 AM on Tuesday morning, January 26, 2010, at 15th and Broadway.

According to authorities, the accident occurred when a green minivan, which was traveling eastbound, drove over black ice under a viaduct and spun out of control. That is when a gold Toyota, which was driving behind the van and also heading eastbound, reportedly hit the van from behind. The force of the impact caused the van to strike one of the pillars of the viaduct.

Rescue crews transported a total of seven people to University Hospital in Louisville where they were treated for injuries sustained in the unfortunate auto accident. One of the passengers in the van was later pronounced dead. Police have not released the names of those involved in the crash. Their conditions were not made available.

The fatal Louisville accident involving the two vehicles is still under investigation by local authorities.

This is a tragic and unfortunate accident. Our thoughts and condolences go out to all the victims and their families who were affected by the fatal crash.

TOYOTA FACES CLASS ACTION LAWSUITS

mwhite@franklingrayandwhite.com (News Author)12813 — Sat, 13 Feb 2010 08:00:00 EST

A national class action lawsuit has been filed against Toyota Motor Corp. under the federal racketeering statute (RICO), which prohibits ongoing fraudulent activities.

This lawsuit is unique among the lawsuits filed in the wake of Toyota's worldwide recall of 10.7 million vehicles. Instead of targeting only the defects themselves, it targets Toyota's repeated efforts to deceive its car owners – and even its own dealers – as to the mechanical and electrical problems mushrooming within its fleet of vehicles. The complaint alleges that, although Toyota knew of these problems years before the recent recalls, it continued to assure its dealers and the general public that its vehicles were perfectly safe.
According to reports, the government has found Toyota made "inaccurate and misleading" statements about the causes of these mechanical and electrical problems. And, more recently, Toyota has refused to give government investigators access to its vehicles' event data recorder – similar to an airplane's "black box" – under the guise that its technology is proprietary.

The class action lawsuit claims Toyota drivers should not have to make monthly lease or loan payments on recalled Toyotas until their vehicles have been repaired according to specifications approved by the government. Instead, it asks the Court to force Toyota to make those lease or loan payments until that happens. According to the lawsuit, this novel, payment-shifting approach would benefit both Toyota drivers and the public: it would relieve drivers of the unfair burden of making payments on cars they can't safely drive and would increase participation in this recall, thereby removing a greater number of dangerous cars from the streets.

If you or a loved one has purchased or been injured by a Toyota you may have a claim for damages. Please contact Matthew White at mwhite@franklingrayandwhite.com for a FREE CONSULTATION.

LEMON LAWS AND TOYOTAS

mwhite@franklingrayandwhite.com (News Author)12803 — Fri, 12 Feb 2010 08:00:00 EST

TOYOTA STOPS PRODUCTION OF DANGEROUS CARS-

WIRE NEWS -- Jan 26, 2010 -- Toyota is suspending U.S. sales of eight car and truck models to fix sticking gas pedals and halting production lines at plants from Texas to Canada to deal with the problem, the latest to confront the world's No. 1 automaker.

The suspended sales, announced Tuesday, involve a significant portion of Toyota Motor Co.'s fleet and some of its most popular vehicles, including the Camry and Corolla. As part of the plan, Toyota is halting some production at five assembly plants beginning the week of Feb. 1 "to assess and coordinate activities."

There are 2.3 million vehicles involved in the recall, which was announced last week. Toyota has said it was unaware of any accidents or injuries due to the pedal problems associated with the recall, but could not rule them out for sure.

"This action is necessary until a remedy is finalized," said Bob Carter, Toyota's group vice president and general manager.

The Japanese automaker said the sales suspension includes the following models: the 2009-2010 RAV4, the 2009-2010 Corolla, the 2007-2010 Camry, the 2009-2010 Matrix, the 2005-2010 Avalon, the 2010 Highlander, the 2007-2010 Tundra and the 2008-2010 Sequoia.

Models covered by the latest recall include the

2009-10 RAV4
2009-10 Corolla
2007-10 Camry
2009-10 Matrix
2005-10 Avalon
2010 Highlander
2007-10 Tundra
2008-10 Sequoia
Aaron Bragman, an auto analyst for the consulting firm IHS Global Insight in Troy, Mich., said Toyota typically sells about 65,000 Camrys and Corollas a month, and the frozen sales could strike the company's bottom line and reputation for quality.

"That's huge if they can't sell these and they don't have a fix identified. They need to go and get a solution to this fast," Bragman said.

Toyota sold more than 34,000 Camrys in December, making the midsize sedan America's best-selling car. It commands 3.4 percent of the U.S. market and sales rose 38 percent from a year earlier. Sales of the Corolla and Matrix, a small sedan and a hatchback, totaled 34,220 last month, with 3.3 percent of the market and sales up nearly 55 percent from December of 2008.

It was unclear how long Toyota would suspend production of the vehicles. In an e-mail to employees, company officials said, "we don't know yet how long this pause will last but we will make every effort to resume production soon."

Toyota officials did not immediately return phone messages.

The automaker said the move would affect plants in Princeton, Ind., Lafayette, Ind., Georgetown, Ky., San Antonio, Texas, and a facility in Ontario, Canada. About 300 workers who build V8 engines at a Toyota plant in Huntsville, Ala., will also be affected, said Stephanie Deemer, a spokeswoman for the plant.

Deemer said workers there would have the option of receiving additional training, take vacation or unpaid leave.

Toyota said no other North American Toyota facility would be affected by the decision.

Toyota dealers said they were concerned the move would hamper sales and were hopeful parts to fix the problem could be distributed quickly.

"They're going the extra mile to reassure people that they really care about the customers," said Earl Stewart, owner of a Toyota dealership in North Palm Beach, Fla. "It is something that's going to be at least a short-term hardship on the dealers, and especially on Toyota."

The auto company said the sales suspension would not affect Lexus or Scion vehicles. Toyota said the Prius, Tacoma, Sienna, Venza, Solara, Yaris, 4Runner, FJ Cruiser, Land Cruiser and select Camry models, including all Camry hybrids, would remain for sale.

Toyota said last week it was recalling 2.3 million vehicles in the U.S. to fix accelerator pedals with mechanical problems that could cause them to become stuck.

The announcement followed a larger recall months earlier of 4.2 million vehicles because of problems with gas pedals becoming trapped under floor mats, causing sudden acceleration. That problem was the cause of several crashes, including some fatalities.

If you or a loved one has a Toyota made between 2004-2010 you may have a claim for damages. Please contact Matthew L. White at mwhite@franklingrayandwhite.com for a FREE CONSULTATION.

TOYOTA AND LEXUS SUDDEN ACCELERATON LAWSUIT

mwhite@franklingrayandwhite.com (News Author)12791 — Thu, 11 Feb 2010 08:00:00 EST

TOYOTA AND LEXUS SUDDEN ACCELERATION RECALL.

Over the past decade drivers of Toyota and Lexus vehicles have complained that their vehicles have suddenly accelerated, for no apparent reason, and they have been unable to control them. Estimates are that this problem has caused 19 deaths. The most famous accident occurred in San Diego in August 2009, when a Lexus sedan driven by an off-duty California Highway Patrol officer suddenly accelerated to over 100 mph before crashing and killing all four occupants.

Despite the length of time in which Toyota has known about this problem, it has been slow to acknowledge the problem and strive for a real solution. At first, Toyota blamed the problem on driver error and tried to prevent any serious investigation by the federal government. When that didn't work, Toyota argued that the problem was caused by floor mats getting stuck on accelerator pedals, hoping that they could get away with the relatively cheap fix of replacing people's floor mats. Soon, however, it became clear that even people who had taken the floor mats out of the cars were experiencing sudden accelerations.

More recently, Toyota has tried to point the finger at another company that makes the pedal assemblies that go in Toyota vehicles. But it appears that the main culprit may be Toyota's electronic throttle control. Under increasing pressure from Congress, federal regulators and its customers, Toyota has only very recently admitted that this problem will not go away with a "band-aid" solution.

It is clear Toyota has known of this problem for quite some time before advising their consumers.

IF YOU OR A LOVED ONE HAS A TOYOTA OR CAMRY MADE BETWEEN 2004-2010 YOU MAY HAVE A CLAIM FOR DAMAGES.
Please contact Matthew White at mwhite@franklingrayandwhite.com for a FREE CONSULTATION.

TOYOTA AND LEXUS CLASS ACTIONS

mwhite@franklingrayandwhite.com (News Author)12792 — Thu, 11 Feb 2010 08:00:00 EST

TOYOTA AND LEXUS RECALL CLASS ACTIONS-

Are you an owner of a Toyota vehicle that has been named in one of the many recalls issued for unintended acceleration problems or braking problems? Have you or a loved one been injured as a result of an accident caused by a Toyota car or truck that sped out of control due to a sudden acceleration incident or the inability to stop? In either of these cases, you may be eligible to join our Toyota class action lawsuit.
According to media reports, Toyota began receiving an increased number of unintended acceleration reports around 2002. According to the National Highway Traffic Safety Administration (NHTSA), Toyota registered many more reports of sudden acceleration in its 2008 model-year vehicles than other carmaker. Yet Toyota has been slow to respond to these reports, putting the lives of countless Toyota owners and passengers at risk.

TOYOTA MODELS AFFECTED BY THE RECALLS:

2009-2010 RAV4
2009-2010 Corolla
2009-2010 Matrix
2005-2010 Avalon
2007-2010 Tundra
2008-2010 Sequoia
2007-2010 Camry
2005-2010 Avalon
2004-2009 Prius
2005-2010 Tacoma
2008-2010 Highlander
2009-2010 Venza

LEXUS MODELS AFFECTED BY THE RECALLS:

2006-2010 IS 250
2006-2010 IS 350
2007-2010 ES 350

IF YOU OR A LOVED ONE OWNS ONE OF THE VEHILCES LISTED ABOVE YOU MAY HAVE A CLAIM FOR DAMAGES. Please contact Matthew L. White at mwhite@franklingrayandwhite.com for a FREE CONSULTATION.

Louisville Car Accident Involves Recalled Camry

mwhite@franklingrayandwhite.com (News Author)12769 — Wed, 10 Feb 2010 08:00:00 EST

A Louisville car accident leaves a driver injured after a recalled Camry drives off a cliff and into a nearby creek. The crash occurred on Saturday evening, January 30, 2010.

There were four passengers, including the driver, Todd Allen, inside the vehicle at the time of the incident. All four victims were transported to a nearby hospital and treated for injuries sustained in the wreck.

Reports indicate that Allen may have suffered a spinal cord injury in the accident. The other three victims were treated and later released from the hospital.

According to Allen, the incident occurred when the accelerator became stuck. His wife later said that her husband had both feet on the brake, but it didn't matter. She was unclear whether their car was one of the models that had been recalled

On January 21, 2010, Toyota announced that they were recalling at least 4 million cars that may have similar issues with stuck accelerators. They also indicated that many dealers may not have the required parts to address the issues with the pedals as of yet.

The Louisville Police are still investigating the accident and expect to have a full report available in the upcoming days.

Our thoughts go out to everyone who was affected by this unfortunate accident. If you or someone you know owns a Toyota Camry, it is imperative that you check to see if your model has been recalled by the manufacturer.

Louisville Accident Leaves Students Injured After Car Hits School Bus

mwhite@franklingrayandwhite.com (News Author)12589 — Tue, 02 Feb 2010 08:00:00 EST

A Louisville car accident involving a school bus full of elementary students and a car leaves several students injured after the car crosses a median and slams into the bus. The incident took place at approximately 8:30 AM on Tuesday morning, January 26, 2010, on Preston Highway.

According to WAVE 3 reporter Elizabeth Donatelli, who was at the scene, the car was traveling northbound on Preston Highway near the Gene Snyder Freeway, when it lost control. The car crossed the median and hit school bus 0543 head-on. The school bus was traveling southbound.

Donatelli reported that three of the students were injured in the accident. Rescue crews transported the victims to Kosair Children’s Hospital where they were treated for injuries sustained in the accident. Details concerning the extent of their injuries were not made known.

The identity of the driver of the car was not provided. It was unclear whether the driver was injured in the accident.

The school bus was in route to Laukhaf Elementary School and Wilt Elementary School when the incident took place. The rest of the children were placed on another school bus and taken to their schools.

The Louisville accident is still under investigation by local authorities. It is believed that the morning’s snowfall may have played a roll in the accident causing the car to lose control.

Louisville Auto Accident Leaves Two Dead

mwhite@franklingrayandwhite.com (News Author)12420 — Wed, 27 Jan 2010 08:00:00 EST

A Louisville auto accident involving two pickup trucks leaves two people dead and two others injured as a vehicle slams into a parked truck. The incident took place at approximately 6:30 PM on Sunday evening, January 17, 2010.

According to Louisville Metro Police spokesperson Alicia Smiley, the four unidentified victims were standing behind a parked pickup truck when the incident took place. Reports indicate that a second pickup truck slammed into the four men and rear-ended their truck.

Smiley reported that two of the men were pronounced dead at the scene. Rescue workers transported the other two men to University Hospital where they were treated for injuries sustained in the accident. Their condition was not made available.

There was no indication that drugs or alcohol were contributing factors in the fatal accident, according to Smiley. She also said that witnesses reported that the four victims were wearing dark clothing at the time they were struck. She reported that police believe that the rear lights of the truck may have been obscured by the men who were standing behind the truck.

The fatal Louisville accident is still under investigation by local authorities. Smiley indicated that the police do not intend to file any charges against the driver of the second pickup truck.

Carter County Car Accident Leaves Man Dead

mwhite@franklingrayandwhite.com (News Author)12347 — Sun, 24 Jan 2010 08:00:00 EST

A Carter County car accident involving two vehicles leaves one man dead and three other passengers injured. The incident took place at approximately 3:30 PM on Thursday afternoon, January 14, 2010, on the AA Highway and KY 9.

According to the Kentucky State Police, David J. Cantrell, 28, of Greenup, pulled into the path of oncoming traffic while attempting to cross KY 9. The driver of the second vehicle, who has been identified as Robert Ward, 53, of Statesville, North Carolina, slammed into Cantrell’s vehicle.

According to reports, Cantrell was not wearing a seatbelt at the time of the incident. The Carter County Coroner pronounced him dead from injuries sustained in the accident.

There were three passengers riding with Cantrell. They have been identified as Randy Newman, 36, of Greenup, Don Newman, 33, of Greenup, and Donna Wilburn, 19, of Grayson. Rescue crews from Carter County EMS and the Carter City and Grayson Volunteer Fire Departments responded to the accident and transported all three passengers to Cabell Huntington Hospital where they were treated for injuries.

It was unclear whether Ward was injured in the wreck.

The fatal Carter County accident is still under investigation by local authorities.

Vanceburg Accident Leaves Two Injured

mwhite@franklingrayandwhite.com (News Author)12307 — Fri, 22 Jan 2010 08:00:00 EST

A Vanceburg car accident involving one vehicle leaves two injured after the driver loses control and veers off the road. The incident took place at approximately 7:00 PM on Saturday evening, January 9, 2010, along Kentucky 8.

According to a police report, a 1985 Chevrolet Blazer driven by Eric W. Brown, 23, of Garrison, was traveling west on Kentucky 8, approximately 5 miles outside of Vanceburg, when the accident occurred. The police report indicates that Brown lost control and veered off to the right shoulder after rounding a curve.

Brown then overcorrected the vehicle, crossed over both lanes, and ended up approximately 90 feet off the left shoulder and in a field. A passenger in the Chevrolet, Daniel E. Stone Jr., 26, of Garrison, was ejected from the vehicle after the Blazer flipped over. When rescue crews found Stone, he was approximately 30 feet from the vehicle.

Brown and Stone were both transported to Southern Ohio Medical Center and treated for injuries sustained in the accident. Their conditions were not made available.

The Vanceburg accident is still under investigation by the Lewis County Sheriff’s Office. According to reports, it was snowing when the accident occurred; however, it is believed that the roads were dry. Police are trying to determine if alcohol played a role in the wreck.

OBGYN MEDICAL MALPRACTICE

mwhite@franklingrayandwhite.com (News Author)12239 — Sun, 17 Jan 2010 08:00:00 EST

OBGYN MALPRACTICE can be devastating. There are a number of serious problems that can result due to improper or negligent labor and delivery medical care. Some of the most common types of mistakes include:

Brain Injuries

Shoulder dystocia

Cerebral palsy

Skull fractures

Paralysis

Death

If you believe your child was injuried as a result of OBGYN negligence contact Matthew White at mwhite@franklingrayandwhite.com for a FREE CONSULTATION.

DELAYED C SECTION BIRTH INJURIES

mwhite@franklingrayandwhite.com (News Author)12226 — Fri, 15 Jan 2010 08:00:00 EST

WHY DO DOCTORS DO C-SECTIONS? Approximately seventy-percent (70%) of children born in the United States are born through the birth canal. The other thirty-percent (30%) of the babies born in the United States are born via a Cesarean Section, otherwise known as a C-Section. Some reasons why doctors and families have opted to proceed with a C-Section rather than delivering the child through the birth canal includes:

Mother had a previous C-Section;
Large Gestational Age (LGA) child
If the child is large, or if the birthing canal is small, C-Sections are performed to reduce the newborn's risk to shoulder dystocia birth injury, erb's palsy birth injury, reduction or lack of oxygen, and cerebral palsy birth injuries
Breech Birth or Transverse Position Birth
Newborn is bottom first, arms first, shoulders first, or in another abnormal position other than head-first
Umbilical Cord Prolapse
The child's umbilical cord is in a dangerous position, either for choking the baby or it may flatten against the birth canal which would decrease oxygen flow to the newborn
Can Lead to Cerebral Palsy Birth Injury
Placental Problems
Placental Abruption
Placenta Previa
Prolonged Labor
Fetal Distress
Baby's heart rate slows
Sign that child is suffering from a birth injury which may be lack of oxygen which can lead to infant brain damage or death
Maternal Infections
HPV
Genital Herpes
HIV
High Blood Pressure
Diabetes

When a doctor fails to perform a C-Section before a birth injury occurs, such as Cerebral Palsy or Erbs Palsy, the doctors, the hospital and the hospital's insurance companies should pay for their medical malpractice in causing the birth injuries to your baby.

Refusal to Perform Cesarean Section (C-Section) Birth Injuries

During a pregnancy or during the delivery process, emergency situations may arise which would require a Cesarean Section. However, doctors or the medical personnel who are delivering the child may refuse to perform a C-Section as they may believe that they can overcome whatever fetal distress is presently occurring. Unfortunately, some doctors may be negligent or reckless and therefore conduct medical malpractice where they refuse to perform a Cesarean Section or C-Section which may result in serious birth injuries or even death to the infants and the mother.

Delay in Performing Cesarean Section (C-Section) Birth Injury

In addition to a refusal to perform a cesarean section in causing birth injuries, some doctors may be hesitant and may delay in ordering a cesarean section. If the doctors delay too long in ordering a Cesarean Section, then birth injuries or even fatalities can result. When emergency situations develop, such as fetal distress, any delay can result in serious injuries. When these injuries occur, it is important that the doctors and the other people responsible for the birth injuries be held responsible.

If you believe your child was injured by a delayed C-Section you may have a claim. Please call Matthew White at mwhite@franklingrayandwhite.com for a FREE CONSULTATION.

MASS TABS may contain STEROIDS

mwhite@franklingrayandwhite.com (News Author)12213 — Thu, 14 Jan 2010 08:00:00 EST

FOR IMMEDIATE RELEASE - Oviedo, FL – November 12, 2009 -IDS Sports announced today that it is conducting a voluntary nationwide recall of five of the company’s dietary supplement products sold under the following names: Bromodrol, Dual Action Grow Tabs, Grow Tabs, Mass Tabs, and Ripped Tabs TR.

The Food And Drug Administration (FDA) has notified IDS Sports that the recalled products contain the following undeclared substances, which FDA considers to be steroids: “Madol,” “Turinabol,” “Superdrol,” and/or “Androstenedione.”

Acute liver injury is known to be a possible harmful effect of using steroid-containing products. In addition, steroids may cause other serious long-term adverse health consequences in men, women, and children. These include shrinkage of the testes and male infertility, masculinization of women, breast enlargement in males, short stature in children, a higher predilection to misuse other drugs and alcohol, adverse effects on blood lipid levels, and increased risk of heart attack, stroke, and death.

The recalled products listed below were distributed in either black boxes containing blister packs of 60 capsules or white bottles with black labels containing 30 or 60 capsules.

Brand Name	Size	UPC	Lots
Bromodrol	1 box	6 75941 00250 7	All lots
Dual Action Grow Tabs	1 box	6 75941 00252 1	All lots
Grow Tabs	1 bottle 60 capsules	6 75941 00252 1	All lots
Mass Tabs	1 bottle 30 capsules	6 75941 00149 4	Purchased during or after 4/09
Mass Tabs	1 bottle 60 capsules	6 75941 00149 4	Purchased during or after 8/09
Ripped Tabs TR	1 box	6 75941 00162 3	Purchased during or after 12/08
Ripped Tabs TR	1 bottle 60 capsules	6 75941 00162 3	Purchased during or after 12/08

Although no illnesses or adverse events have been reported to the company to date in connection with the products listed above, customers who have these products in their possession should stop using them immediately and contact their physician if they have experienced any problems that may be related to using one or more of the products.

If you have taken Mass Tabs you may have a claim. Contact Matthew White at mwhite@franklingrayandwhite.com for a FREE CONSULATION

One Injured in Henderson Accident

mwhite@franklingrayandwhite.com (News Author)12191 — Wed, 13 Jan 2010 08:00:00 EST

A Henderson car accident involving two vehicles leaves one person with minor injuries after the two vehicles slam into one another. The incident took place at approximately 2:00 PM on Monday afternoon, December 29, 2009, on U.S. 60.

According to reports, the incident began when a car driven by John Branson, 20, of Henderson, was traveling eastbound on U.S. 60 and stopped at the stop light at Barrett Boulevard to make a left turn. David Townsend, 46, of Corydon, was traveling eastbound on U.S. 60, when Branson turned left into the path of the second vehicle.

Rescue workers transported Joanne Branson, 48, who was a passenger in John Brandon’s vehicle, to Methodist Hospital where she was treated for minor injuries sustained in the wreck. Townsend, who complained of leg pains, refused to be taken to the hospital for treatment. There were no other injuries reported.

According to police, Branson told them that he attempted to make the left turn only after the light turned yellow. Townsend stated that he continued through the intersection since he was almost at the intersection when he saw the light turn yellow.

Both cars suffered severe damage from the force of the impact.

The Henderson accident is still under investigation by local authorities. It has not been determined who was at fault.

Fugitive Causes Five-Vehicle Accident in Louisville

mwhite@franklingrayandwhite.com (News Author)12163 — Mon, 11 Jan 2010 08:00:00 EST

A Louisville car accident involving five vehicles was reportedly caused by a local fugitive after leading police on a high speed chase. The five-car pileup took place on Wednesday, December 30, 2009, near the Zandale shopping center.

According to local police, the incident began at the Speedway near the Zandale shopping center when a police officer, who was filling up his vehicle, witnessed a car speeding away from the gas station. The fleeing car sped up as the officer began to pursue the vehicle. The driver of the vehicle struck five cars after running a red light on Nicholasville Road.

Fortunately, there were no serious injuries reported from the accident.

Police were finally able to apprehend the suspect after the short high speed chase and has been identified as Kerry Russell Jones of Louisville. Police shortly discovered that Jones was driving a stolen car and had warrants for his arrest. Jones spent the new year in jail at the Fayette County Jail.

It was unknown as to whether Jones suffered injuries in the crash.

The multi-vehicle Louisville accident is still under investigation by local authorities. According to police, Jones’ outstanding warrants stemmed from charges of assault on a police officer and escape.

Louisville Accident Involves Train

mwhite@franklingrayandwhite.com (News Author)11991 — Tue, 29 Dec 2009 08:00:00 EST

A Louisville accident involving a train that strikes a car nearly leaves two seriously injured. The incident took place at approximately 3:00 AM on Sunday morning, December 20, 2009 at the intersection of Main Street and Depot Street in Louisville.

According to reports, a Ford Focus traveling down Main Street became stuck on the railroad tracks early in the morning when a Burlington Northern train slammed into the car about five minutes later. The driver, Michael D. Clark, 24, of Lincoln, and his passenger, Ashley A. Clark, 23, of Lincoln, were able to exit the car before the train struck it.

Rescue workers from the Louisville Fire and Rescue and the Cass County Sheriff’s Office responded to the accident scene that involved the car and train. Deputies believe that alcohol was a contributing factor to the accident. As a matter of fact, Clark was arrested for driving under the influence of alcohol. He was reported as having a blood-alcohol content of two times the legal limit. The legal limit is .08.

The extent of the injuries, if any, was not made known. It is also unknown whether either of the occupants were taken to a nearby hospital.

The accident is still under investigation by local authorities. An arraignment date has not yet been set for Clark.

Shots Fired at Okolona Accident Scene

mwhite@franklingrayandwhite.com (News Author)11919 — Sat, 26 Dec 2009 08:00:00 EST

An Okolona accident involving a woman and a police cruiser ends with a high speed pursuit and shots being fired. The incident began at approximately 4:00 AM on Sunday morning, December 20, 2009 near Preston Highway and Trio Avenue.

According to police spokesperson Dwight Mitchell, an unidentified woman driving a blue Dodge Ram crashed into a police cruiser driven by a Louisville Metro Police officer, who remains unidentified as well. The woman hit the cruiser when she allegedly drove over a concrete parking space block and sidewalk and into traffic while leaving a Jerry’s Restaurant parking lot.

Both, the officer and the woman were treated for non-serious injuries. Police believe that alcohol was a contributing factor in the accident.

While police were investigating the accident, a man traveling northbound on Preston Highway in a white Toyota Avalon, sped through the accident scene. Police from Louisville Metro and Hollow Creek pursued the fleeing car to the 4200 block of Foreman Lane where police shot the suspect. According to Mitchell, the unidentified man was shot three to four times.

The man then got back into his car and drove another half of a mile when he finally slammed into a utility pole at Preston Highway and Miles Lane.

Rescue workers transported the suspect to University Hospital where he was treated for non-life threatening injuries.

According to Mitchell, some of the officers suffered minor injuries. The identities of the officers involved have not been released.

Shots Fired at Okolona Accident Scene

mwhite@franklingrayandwhite.com (News Author)11920 — Sat, 26 Dec 2009 08:00:00 EST

One Injured in Louisville Accident

mwhite@franklingrayandwhite.com (News Author)11785 — Sat, 19 Dec 2009 08:00:00 EST

A Louisville accident involving a single car leaves at least one person with injuries. The incident took place at approximately 10:00 PM on Thursday evening, December 10, 2009 on Louisville Road near Louisville Landing.

Blount County Sheriff’s deputies and local firefighters responded to the accident that involved a single car on Thursday evening. Officials reported that Rural/Metro ambulance had to use special equipment to extract at least one person from the vehicle involved in the wreck. The unidentified victim was transported to a nearby hospital and was treated for injuries sustained in the accident. The extent of the injuries is unknown at this time.

It is believed that there may have been at least one other injury. There were no other details made available.

Local commuters were inconvenienced for at least one hour while police redirected traffic back down Louisville Road to allow crews to clear the one-vehicle wreck.

The Louisville accident is still under investigation by local authorities. Though, the cause of the accident is unknown, reports indicate that there was black ice in the area, which may have been a contributing factor in the accident.

Young Girl Nearly Dies After Hospital Fails To Diagnose Flu

mwhite@franklingrayandwhite.com (News Author)11655 — Tue, 08 Dec 2009 08:00:00 EST

From CNN:

"Hayli Murphy hears her mother's cell phone ring, and she bounces off the couch to get it. Watching her run around, it's hard to believe that just a few weeks ago, the 9-year-old was heavily sedated in a pediatric intensive care unit, a ventilator doing the job her lungs -- ravaged by H1N1 flu -- could no longer do.

"She was right there. She was at death's door," remembered her mother, Julie Murphy.

Hayli spent 43 days in the intensive care unit at Children's Hospital of Southwest Florida.

Looking back at her daughter's illness, one of the things that strikes her mother is that in the days before Hayli was admitted to the hospital, a test showed that she did not have the flu -- twice.

Dr. Andrew Pavia, chairman of the pandemic influenza task force for the Infectious Diseases Society of America, and others are concerned that doctors are being misled by rapid flu tests and failing to treat patients who, like Hayli, really do turn out to have the flu.

"We've been seeing these rapid flu tests cause problems," Pavia said. "These tests are certainly quick and relatively inexpensive, but the problem is, they're not terribly accurate."

"They said she's fine"

Hayli Murphy was given her first rapid flu test in the emergency room September 21 after spiking a fever. The result was negative, and doctors sent her home.

They said, 'she's fine. She doesn't have the flu. She's got a virus. Give her Motrin and Tylenol, and she'll be fine,' " Murphy remembered.

The next day, when Hayli's fever hit 104 degrees and she felt sicker, Murphy brought her back to the ER, where she says a rapid flu test again showed that Hayli didn't have the flu. Doctors diagnosed pneumonia and gave Hayli antibiotics.

Then, the next day, Hayli became so weak that her mother had to carry her into the emergency room.

"I picked her up off the couch and told my older daughter, 'Open the car door. I'm going to the hospital,' " she recalled.

This time, Hayli was admitted and put on the antiviral medication Tamiflu, which is most effective when given within 48 hours of developing flu symptoms.

"If they had given her Tamiflu earlier, that might have helped her not get into the state she was in," Murphy said."

[Continue Article]

Police Chase in Jeffersonville Ends With One Injured

mwhite@franklingrayandwhite.com (News Author)11632 — Mon, 07 Dec 2009 08:00:00 EST

A car accident involving three vehicles and a police chase ends with a man being wounded. The incident began at approximately 1:30 AM on Monday morning, November 30, 2009.

It started when a Kentucky State Trooper attempted to pull over a Honda for not having a light over the license plate in Jeffersonville at 10th Street and Spring Street. The driver, James T. Wells, 21, of Jeffersonville, refused to stop and a high-speed chase ensued. The pursuit ended in Floyd County, Indiana, when Wells slammed into three patrol cars, two Floyd County Police cars and one Indiana State Police car.

Floyd County Police Sgt. Eugene Perrot shot Wells when he attempted to rundown the officer. Wells was shot one time in each arm. Rescue workers transported the suspect to Floyd Memorial Hospital where he was released and then taken to University Hospital in Louisville. Hospital official reported that Wells was listed in fair condition.

According to Floyd County Prosecutor Keith Henderson, Wells will face at least eight counts of criminal recklessness. “And that’s just for starters,” he said.

“The officer’s actions were justified,” said Henderson.

The two-state incident which began in Jeffersonville is still under investigation by both Indiana and Kentucky authorities.

Shelby County Accident Near Louisville Kills Woman

mwhite@franklingrayandwhite.com (News Author)11600 — Fri, 04 Dec 2009 08:00:00 EST

An accident outside of Louisville involving two vehicles leaves a young woman dead and three others injured. The incident took place at approximately 10:15 PM on Monday evening, November 30, 2009 on the U.S. 60 in Shelby County.

According to Detective Jason Rice with the Shelby County Sheriff’s Department, the accident occurred when a driver of a Subaru pulled out of the Speedway station and into the path of a Chevrolet pickup truck. The crash happened in the 1500 block of Midland Trail.

According to reports, the truck was unable to avoid the Subaru and slammed into the driver’s side of the vehicle, killing the driver, Ashley Ford, 20, of Shelbyville.

The driver of the pickup truck was treated at the scene by EMS. However, the driver declined to be transported to a nearby hospital.

There were three other passengers traveling in Ford’s Subaru. All three unidentified victims sustained injuries as a result of the crash. Rescue workers transported one victim by air to University Hospital in Louisville. The other two victims were transported to a Jewish Hospital in Shelbyville. Their injuries were described as non-life threatening.

The accident is still under investigation by local authorities. According to Rice, speed and alcohol do not appear to be contributing factors in the two-vehicle accident.

Physicians' Failure to Diagnose Impending Stroke Leads To Serious Health Problems

mwhite@franklingrayandwhite.com (News Author)11590 — Thu, 03 Dec 2009 08:00:00 EST

From the LA Times:

" Kaiser Permanente, the state's largest nonprofit HMO, has been ordered to pay a former Valencia middle school administrator $5 million after its physicians misinterpreted signs of an impending stroke that left him partially paralyzed and disabled for life.

An infection related to his subsequent treatment led to the amputation of both his legs.

A panel of three arbitrators ruled Nov. 18 in favor of Timothy Howard, who said Kaiser physicians were negligent for failing to properly diagnose the cause of his episodic blindness, headaches and other complaints.

Kaiser physicians in Panorama City, including a neurologist, diagnosed Howard, 48, with a migraine. As it turned out, Howard was suffering from a tear in the carotid artery, which was interrupting the main source of blood to his head.

If Howard had been treated promptly with medication, Howard's lawyer argued, the artery would have repaired itself within a few months. Instead, it went untreated for weeks, leading to a devastating stroke two years ago on Thanksgiving evening.

Kaiser acknowledged Wednesday that its physicians got the diagnosis wrong and apologized."

[Continue Article]

Medical negligence and errors are a too common occurrance and can lead to serious health consequences and even death. The law firm of Franklin Gray & White represents victims of medical malpractice. If you or a loved one has been injured as the result of medical negligence or error, please contact the experienced legal team at Franklin Gray & White for a free consultation.

Tiger Woods a Careless Driver?

mwhite@franklingrayandwhite.com (News Author)11559 — Wed, 02 Dec 2009 08:00:00 EST

From ESPN:

"Tiger Woods will be cited for careless driving in a car crash outside his Orlando-area mansion, but will not face criminal charges, the Florida Highway Patrol said Tuesday.

Woods faces a $164 fine and four points against his driver's license, not close to enough to have it suspended. The citation closes the investigation of last week's crash.

[Continue Article]

Exhausted Truck Drivers Continue to Present Problems for Commuters on Kentucky Highways

mwhite@franklingrayandwhite.com (News Author)11507 — Mon, 30 Nov 2009 08:00:00 EST

The accident happened about 3:30 a.m. at mile marker 41 between Campbellsburg and Carrollton and the lanes didn’t reopen until 11:30 a.m., a Carrollton Police dispatcher said.

Parish told police he fell asleep at the wheel, Smith said. His truck swerved and took out about 200 feet of guardrail before driving off the road and turning over, Smith said.

Parish, who works for Big M Trucking, was hauling rubber products, Smith said."

[Continue Article]

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Fatal Hit-And-Run Accident in Louisville

mwhite@franklingrayandwhite.com (News Author)11476 — Fri, 27 Nov 2009 08:00:00 EST

A Louisville car accident involving two vehicles and a pedestrian ends in the death of a 37-year-old woman. The incident took place at approximately 6:30 PM on Friday evening, November 20, 2009 near the intersection of Baxter Avenue and Rogers Street.

According to the Louisville Metro Police Department, Nuril Papapietro, 37, of Goshen, was struck when she stumbled and fell onto Baxter Avenue. The driver of a truck that was heading southbound on Baxter Avenue, who saw Papapietro stumble into the street, was able to successfully swerve and avoid hitting the woman. However, a second vehicle traveling behind the truck was not able to stop or avoid her and hit the woman.

Rescue workers transported Papapietro to nearby University Hospital where she was pronounced dead a short time later from injuries sustained in the accident.

The car that hit Papapietro reportedly fled the scene. The car has been described as a white or light colored 90’s Pontiac transport van or crossover vehicle. It is believed that the vehicle suffered damage to the front end area.

The hit-and-run accident is still under investigation by local authorities.

Anyone who may have witnessed the accident or who may have pertinent information has been asked to contact the crime tip hotline at 574-LMPD.

Lexington Car Accident Kills One

mwhite@franklingrayandwhite.com (News Author)11449 — Wed, 25 Nov 2009 08:00:00 EST

A Lexington car accident involving a car and a Tennessee man ends in the death of the pedestrian after he attempted to cross the road. The incident took place on Saturday, November 14, 2009.

According to local police, Anthony Gibbs, 24, of Clinton, Tennessee, was struck by a car while attempting to cross a Lexington road on Saturday. The driver of the 1999 silver Audi sedan struck Gibbs, seriously injuring him and then apparently fled the accident scene.

The vehicle involved in the incident is registered to 23-year-old Hector Alviter-Rivera. Police found the silver car abandoned on a dead-end street not too far from the accident scene.

Rescue workers transported Gibbs to a nearby Lexington hospital where he remained in critical condition and in a coma for most of the week. According to the Fayette County coroner’s office, the Tennessee man was pronounced dead on Wednesday night after succumbing to injuries sustained in the fatal hit-and-run car accident.

According to the Lexington Herald-Leader, Gibbs was in town from Tennessee where he was working on a nearby construction project.

The apparent hit-and-run incident involving the pedestrian is still under investigation by local authorities. Police are still searching for Alviter-Rivera for questioning.

Louisville Accident Kills Child

mwhite@franklingrayandwhite.com (News Author)11382 — Sun, 22 Nov 2009 08:00:00 EST

A Louisville accident involving a police chase ends in the death of a 2-year-old child. The incident took place at approximately 8:30 PM on Friday evening, November 6, 2009.

According to the Jefferson County Sheriff’s Office, the incident began after police attempted to make a traffic stop. Miller Lee Smith Jr., 33, fled police near a Louisville neighborhood after police had pulled him over. Police found his vehicle flipped over approximately five miles outside of Louisville in a wooded area off of Middleground Road.

There were three passengers involved in the accident, an adult male, a 2-year-old female and a 3-year-old male. Smith and the unidentified male passenger were taken to Jefferson Hospital and treated for injuries.

The 2-year-old, Alike Smith, was found on the ground beside the vehicle. She was pronounced dead at the scene.

The unidentified 3-year-old boy was found approximately 40 feet from the overturned car. He was airlifted to Medical College of Georgia Hospital and treated from broken bones and a concussion. He is in stable condition.

According to authorities, Smith was arrested for vehicular homicide. He also faces ten other charges that include injury by a vehicle, hit and run, reckless driving, and DUI.

The adult passenger was not charged and was released from the hospital.

The incident is still under investigation by local authorities.

Health Concerns For Young, Otherwise Healthy Women Who Used Birth Control Product, Yaz

mwhite@franklingrayandwhite.com (News Author)11318 — Tue, 17 Nov 2009 08:00:00 EST

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Louisville Accident Kills One

mwhite@franklingrayandwhite.com (News Author)11296 — Mon, 16 Nov 2009 08:00:00 EST

A Louisville accident involving two vehicles ends with the death of one person. The incident occurred at approximately 9:15 PM on Tuesday evening, November 3, 2009 at the 12000 block of Dixie Highway in the Louisville area.

According to witnesses, the accident occurred when a red pickup truck heading south on Dixie Highway slammed into the side of a red car. The truck apparently veered of the highway suddenly and slammed into the driver’s side of the car.

Reports indicate that the impact of the crash pushed the red car approximately 50 feet down the road before finally coming to a stop. According to officers, the driver of the red car was killed in the accident. Officials have not released the identity of that victim.

The driver of the truck did not appear to suffer any injuries as a result of the wreck. No other information about the identity or the pickup truck driver’s condition was made available.

However, investigators did indicate that the driver of the pickup truck was tested for intoxication and given a road sobriety test. The driver passed the test.

The two-vehicle Louisville accident is still under investigation by local authorities as to determine the cause of the crash. It was unclear if the driver of the red truck would be charged.

Off-duty Louisville Officer Injured in Car Accident

mwhite@franklingrayandwhite.com (News Author)11206 — Sat, 07 Nov 2009 08:00:00 EST

A Kentucky accident involving an off-duty Louisville Metro Police officer ends with the officer being sent to a nearby hospital and treated for injuries. The wreck took place at approximately 8:00 PM on Monday night, October 26, 2009.

The North Kentucky accident occurred at Taylorsville Road off Blankenbaker Lane when an unidentified man driving a white Ford F250 attempted to make a right turn onto Taylorsville Road. According to Louisville Metro Police spokesman Dwight Mitchell, the truck reportedly swerved in an attempt to avoid hitting a dog and went into oncoming traffic.

According to Mitchell, the Ford truck collided with an unmarked police car. The police car was driven by Officer Chris Hagan, who works in the 5th Division, at the time of the incident. Hagan was off-duty at the time the truck slammed into his police car.

Rescue workers transported Hagan to University Hospital. He was treated for a minor head injury and later released from the hospital.

There was no information provided as to whether the driver of the Ford F250 was treated for injuries or was sent to the hospital.

The North Kentucky accident is still under investigation by Louisville authorities. However, no charges have been filed as of yet.

Louisville Accident Kills Woman

mwhite@franklingrayandwhite.com (News Author)11035 — Wed, 28 Oct 2009 08:00:00 EST

A Kentucky car accident involving two vehicles in Louisville kills a female driver and injures a teenager. The incident occurred at approximately 5:00 PM on Saturday evening, October 24, 2009.

The head on collision took place on Third Street Road in the Louisville area when Melissa Walker, 27, of Louisville was reportedly driving in an erratic fashion in the northbound lane of the roadway. According to Louisville Metro Police Department spokesperson Alicia Smiley, Walker’s car crossed into the southbound lane hitting another vehicle head on. Walker’s injuries were severe and she was pronounced dead at the scene of the accident.

The driver of the other car involved in the Kentucky accident was an unidentified 17-year-old female. Smiley said that she was transported by rescue crews to Kosair Children’s Hospital and was treated for non life-threatening injuries.

According to Smiley, there were no other passengers in the two cars involved in the early evening incident.

Local drivers were inconvenienced for several hours on Third Street Road between Lambourne Avenue and Mitchell Avenue as officers closed the road to investigate the accident and allow crews time to clean-up the accident scene.

The fatal Louisville car accident remains under investigation by local authorities.

Alcohol Possible Factor in Fatal Louisville Car Accident

mwhite@franklingrayandwhite.com (News Author)11032 — Tue, 27 Oct 2009 08:00:00 EST

Two people were killed in a Louisville car accident along the Watterson Expressway. The Louisville accident took place at approximately 3:00 AM on Tuesday morning, October 20, 2009.

According to Louisville Metro Police, Stephanie Byrd, 31, of Jeffersonville, was driving the vehicle that caused the fatalities at the time of the accident. Police report that she was driving the wrong way on the Watterson Expressway. She was allegedly driving eastbound in the westbound lanes of the Kentucky expressway.

According to police, she struck a car head-on, killing Saul Figueroa Bautista, 32, of Louisville. Bautista was a father of three, according to the coroner’s office.

Neither driver was reportedly wearing their seatbelts. It is believed that Byrd did not have her headlights on at the time of the incident.

“Basically you have somebody who’s driving the right way on I-264, minding their own business and now they’re dead and there was no reason for that,” commented Sgt. Mike Minniear of the LMPD Traffic Unit.

No one knows why Byrd was driving the wrong way on the expressway, according to police. However, Minniear said that police believe that alcohol was a contributing factor though they can’t officially say it is.

Police report that a third vehicle, a minivan, was also involved in the accident. No one in the van was injured when Byrd’s vehicle struck the minivan.

The incident along the Kentucky expressway is still under investigation by local authorities.

Lexington Car Accident Sends Man to Jail

mwhite@franklingrayandwhite.com (News Author)11003 — Mon, 26 Oct 2009 08:00:00 EST

Three car accidents in Lexington, Kentucky, were all caused by the same man. The incident happened early Monday morning just after midnight on October 19, 2009 on Leestown Road and New Circle.

The accidents were caused by Erick Revlorio, 29, who was driving a red Chevy Blazer at the time.

Police were called about shots being fired in the area. When police arrived on the scene, they discovered that the sound that neighbors heard was actually the sound of a car crashing into a mailbox. A witness reported that they had seen Revlorio’s Chevy Blazer leaving the scene.

While police were looking for the red Blazer, they stumbled upon the crash at Leestown Road and New Circle. The Blazer apparently ran a red light and broadsided another car sending that driver to a nearby Kentucky hospital. The driver suffered neck and chest injuries. However, neither is considered to be life-threatening.

During their investigation, police noted that another car had been hit. The driver suffered only minor injuries and did not require to be treated at a hospital.

Revlorio is responsible for all three cashes and was taken to jail, according to local police. Police have charged him with driving under the influence, no insurance, leaving the scene of an accident and driving without a valid driver’s license.

The Lexington, Kentucky crashes are still under investigation by local authorities.

New York Jury Awards $43 Million to Woman Who Suffers From Cerebral Palsy from Birth Related Injuries

mwhite@franklingrayandwhite.com (News Author)10777 — Fri, 09 Oct 2009 08:00:00 EST

From UPI:

"A jury in New York State awarded $43.5 million in damages Thursday to a young woman for injuries she suffered during her birth in 1984.

Tiffany Busone, now 24, was born in Bellevue Maternity Hospital in Niskayuna, N.Y.

Sources told the Albany Times Union that because of oxygen deprivation for about 15 minutes, she suffers from cerebral palsy and must use a wheelchair.

Busone's mother originally filed the lawsuit against the hospital, soon after her daughter's birth.

[Continue Article]

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

What is Kernicterus?

mwhite@franklingrayandwhite.com (News Author)10781 — Fri, 09 Oct 2009 08:00:00 EST

What are some warning signs of kernicterus?

Ask your pediatrician to see your baby the day you call, if your baby

- Is very yellow or orange (skin color changes start from the head and spread to the toes)

- Is hard to wake up or will not sleep at all

- Is not breastfeeding or sucking from a bottle well

- Is very fussy

- Does not have at least 4 wet or dirty diapers in 24 hours"

[Continue Article]

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Birth Injuries and Shoulder Dystocia

mwhite@franklingrayandwhite.com (News Author)10787 — Fri, 09 Oct 2009 08:00:00 EST

[Continue Article]

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Henry County Semi-Truck Crashes Causes Serious Delays

mwhite@franklingrayandwhite.com (News Author)10767 — Thu, 08 Oct 2009 08:00:00 EST

An accident along Kentucky’s Interstate 71 in Henry Country involving a semi-truck caused the closure of the roadway resulting in long delays. The Northern Kentucky accident resulted in long delays for morning commuters for approximately three hours when both sides of the interstate were closed.

The incident took place at approximately 4:30 AM on Thursday morning, October 1, 2009 along the northbound portion of the interstate at the Pendleton exit in Henry County.

Kentucky State Police report that the driver of a tractor-trailer, who was experiencing mechanical problems, attempted to pull to the right shoulder of the interstate. The incident occurred when a semi-truck filled with motor oil swiped the tractor-trailer. The driver of the tractor-trailer reported that he had not been able to fully pull over his vehicle to the shoulder, leaving part of it exposed.

The driver of the tractor-trailer was setting-up orange emergency cones when the semi-truck hit the tractor-trailer, causing it to slam into the median and bursting into flames.

“It went up like a mushroom bomb,” Lovelace, the only witness, said. “It exploded. It was the most amazing think I’d ever seen in my life.”

Reports do not indicate that the driver of the tractor-trailer suffered any injuries resulting from the crash. However, the driver of the semi-truck and one passenger were both taken to a local hospital and treated for minor injuries.

Though, the accident is still under investigation, Kentucky State Police say that they do not expect to file any charges.

Kentucky Truck Accident on I-71 Results in One Death

mwhite@franklingrayandwhite.com (News Author)10768 — Thu, 08 Oct 2009 08:00:00 EST

A fiery crash in Oldham County results in one person losing their life. The car accident took place on Interstate 71 in the Northern Kentucky area at approximately 3:00 AM on Wednesday morning, September 30, 2009.

According to Police, the driver was traveling northbound on Interstate 71 near the 13 mile marker when the incident took place. Apparently the driver lost control of their sports utility vehicle (SUV) and veered into the center median. The SUV reportedly struck some debris causing it to veer back onto the road and finally crashing into an illegally parked tractor-trailer. The tractor-trailer was parked on the shoulder of the Kentucky interstate.

Authorities have yet to release the identity of the driver of the SUV or the owner of the tractor-trailer. Also, no other information has been provided as to whether the driver died at the scene or had been transported by rescue workers to a local hospital where they may have later died due to injuries sustained in the wreck.

Other travelers along the interstate were inconvenienced for several hours while crews cleaned up the wreck. The northbound portion of the interstate was reopened later that morning.

The crash is still under investigation by authorities.

Man Killed When His Car Crashes into a Tree in Kentucky

mwhite@franklingrayandwhite.com (News Author)10569 — Tue, 29 Sep 2009 08:00:00 EST

A man is killed when he loses control of his vehicle and crashes outside of an Owensboro elementary school. The male driver reportedly slammed his car into a tree just outside of the Kentucky school.

The fatal one-vehicle accident reportedly took place just after 10:00 PM on Wednesday evening, September 16, 2009 in Owensboro, Kentucky.

The driver has been identified as 31-year-old Christopher Redd. Police reports indicate that Redd was traveling westbound on Tamarack Road when he lost control of the vehicle. The car slid off the road and slammed into a tree head-on outside of the elementary school. The school was not in session at the time of the crash.

A local fire and rescue crew responded to the Kentucky car accident. Redd was immediately transported by the rescue crew to a local hospital. Authorities report that he died a short time later.

Local drivers were inconvenienced when Tamarack Road was shut-down for over an hour while crews cleaned up the accident. Investigators were also sent to the scene of the crash in order to reconstruct the accident.

The reason that Redd lost control of his vehicle and crashed into the tree is unknown at this point. Reports have not been made available as of yet to determine if alcohol played a role in the incident. The accident is still under investigation.

I-17 Shutdown After Louisville Car Accident

mwhite@franklingrayandwhite.com (News Author)10568 — Mon, 28 Sep 2009 08:00:00 EST

A portion of Interstate 71, in the Louisville area, was shutdown when a car crashed into a guardrail. The incident took place on the northbound portion of the Kentucky interstate near the Watterson Expressway interchange.

Dwight Mitchell, a spokesperson for the Louisville Metro Police, indicated that fire and rescue crews responded to three accidents that had apparently occurred about the same time.

The Louisville car accident took place at approximately 9:00 AM on Friday morning, September 25, 2009.

According to authorities, rescue crews transported one woman to a local hospital for injuries. She has not been identified as of yet. She apparently crashed into a guardrail along Interstate 71. Reports indicate that she injured her arm when she exited her car and attempted to get the car out of the way. The injury occurred when another vehicle slammed into her car, pushing it into her.

According to Mitchell, there were children also involved in the accidents. However, he said that none of the children were injured and that they had all been wearing seatbelts.

Other drivers were inconvenienced when the northbound lanes of Interstate 71 were shutdown due to the crash. According to dispatchers, traffic was diverted onto the Watterson Expressway while crews cleaned up the accident. The interstate reopened later in the day.

Covington Accident Involves Car, Motorcycle & Multiple Trucks

mwhite@franklingrayandwhite.com (News Author)10474 — Fri, 25 Sep 2009 08:00:00 EST

A motorcyclist was killed in a multi-vehicle crash on Interstate 75 in Covington, Kentucky. The accident took place on the shoulder of Interstate 75 just south of the 12th Street exit. The Covington accident occurred at approximately 4:30 PM on Monday afternoon, September 21, 2009.

The motorcyclist, identified as Harvey Gauthier, 60, of Northern Kentucky, apparently hit a tow truck that was parked on the shoulder of the highway. According to police, the tow truck was partially on the right lane as well as in the emergency area.

Gauthier was hit by a second car after he was thrown from his motorcycle. Two semi-trucks were also involved in the fatal accident when they collided in an attempt to avoid Gauthier and the car that hit him.

Gauthier was immediately transported to University Hospital where he later died of wounds resulting from the crash. No injuries were reported from the other drivers involved in the multi-vehicle crash.

Thousands of commuters were also affected by the crash on the Kentucky Interstate. According to reports, the highway was closed for approximately four hours. Traffic jams were also reported on Interstate 471 as traffic was diverted to it.

The accident is currently under investigation. An accident reconstruction team has been brought in to assist in the investigation.

According to reports, no criminal charges have been filed as of yet.

Concerns Over Birth Control Drug Yaz

mwhite@franklingrayandwhite.com (News Author)10454 — Wed, 23 Sep 2009 08:00:00 EST

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Louisville Car Accident Leads to Death of Toddler

mwhite@franklingrayandwhite.com (News Author)10329 — Thu, 10 Sep 2009 08:00:00 EST

A toddler died on the morning of September 7, 2009 from the injuries he sustained after being hit by a car. The Louisville car accident took place on Sunday on Rangeland Road.

Louisville Metro Police are not releasing the name of the 2-year-old boy, who was hit while trying to cross the street. According to a police spokesman, he was taken to Kosair Children’s Hospital following the evening accident. Police said that the young boy had just gotten off a TARC bus, when he ran into traffic.

The fatal Louisville accident is still being investigated and no charges have been filed at this point in time.

The driver of the car who hit the boy called 911, but left the accident scene before police got there. Police spokesman Dwight Mitchell said that the driver called police again later, but it is unclear how far the driver was from the accident scene.

Kentucky Ranks 11th in Trucking Company Safety Violations

mwhite@franklingrayandwhite.com (News Author)10272 — Fri, 04 Sep 2009 08:00:00 EST

According to a new study by the Federal Motor Carrier Safety Administration, Kentucky ranks 11th in the country when it comes to trucking company safety violations and has more offenses than most other states.

A Kentucky truck accident can be especially devastating, accounting for 12 percent of all fatal accidents every year across the nation. When a truck is involved in an accident, there is a greater likelihood that the outcome will be severe, due to the shear size and weight of these vehicles.

Lieutenant David Jude of the Kentucky State Police told ABC 36 News that “a lot of times there are safety violations with the brakes on commercial vehicles. This can go from just out of adjustment to an inoperable brake.”

Jude also said that truckers also have a responsibility to keep their trucks safe and operate their vehicles according to the law. If they follow these guidelines, the number of truck fatalities should go down in Kentucky.

Truck accidents are often preventable. Christopher Oakford with AAA Blue Grass said that drivers should be aware of trucks’ blind spots and the amount of time it takes to stop a commercial vehicle.

Kentucky Fares Poorly In Report On Trucking Industry Safety

mwhite@franklingrayandwhite.com (News Author)10227 — Tue, 01 Sep 2009 08:00:00 EST

[Read entire report here]

Franklin Gray & White

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@franklingrayandwhite.com

Dealer Comments on Test Drive That Led to Louisville Car Accident

mwhite@franklingrayandwhite.com (News Author)10154 — Thu, 27 Aug 2009 08:00:00 EST

According to the president of Commonwealth Dodge, the salesman who was riding as a passenger during a test drive told the customer to slow down twice before the deadly car accident. The fatal collision occurred on Sunday, August 23, 2009.

The Louisville car accident resulted in the death of two people. Police said that Bryan Lee, the 30-year-old customer who was driving the car, was speeding at 100 MPH in a 45 MPH zone when he struck a Mercury Sable that was getting on Fern Valley Road from the Pebble Creek apartment complex.

Toya Buckner-Dioum, 40, and passenger, Sherman King Sr., 63, both died at the accident scene from the injuries they sustained in the crash, said Jefferson County Deputy Coroner Gayle Norris.

Commonwealth Dodge released a statement that the salesman begged Lee to slow down on two occasions and was not encouraging him to speed. The statement also said that the dealership has done more than 150,000 test drives in its 31 year history and has never had a serious event occur before Sunday’s accident.

Lee pleaded guilty to two charges of first-degree manslaughter. The salesman has not been charged in the accident.

Man Awarded $5 Million After Being Struck by Cab Driver in Kentucky

mwhite@franklingrayandwhite.com (News Author)10115 — Tue, 25 Aug 2009 08:00:00 EST

In September 2006, a Louisville man was hit by a cab while he was waving traffic around a truck accident on Interstate 265. Steven Fry was awarded $5.1 million in damages by a jury at Jefferson Circuit Court.

Fry was seriously injured by the Yellow Cab driven by Gregory Monroe. According to court records, Monroe had been up for 20 hours. Monroe said that he did not see the overturned truck and spotted Fry only a second or two before the accident. Fry was thrown onto the roof of the cab from the impact of the collision and became unconscious.

Yellow Cab was ordered to pay 58 percent of the damages, which equals $3 million, on behalf of Monroe. The truck driver of the overturned truck was also named in the lawsuit and was ordered to pay 30 percent of the verdict.

Sean Hill, the truck driver, was charged with drunk driving, assault and wanton endangerment.

The jury found Fry to be partially responsible for his injuries and found him to be 12 percent liable for damages, because he failed to “exercise ordinary care for his own safety.”

Fry was awarded more than $750,000 for past and future medical expenses, approximately $350,000 for lost wages and impairment of earning power and $4 million for physical and mental suffering.

Cell Phone Legislation Being Considered in Kentucky

mwhite@franklingrayandwhite.com (News Author)10038 — Thu, 20 Aug 2009 08:00:00 EST

Kentucky Senator Walter Blevins likened cell phone use while driving to being drunk. He said, “there have been tests done that found people who admitted they looked off the road for at least four minutes. We don’t want drunk drivers on the road, but we don’t want people not paying attention on the highway.”

Local state and criminal justice officials feel that cell phone usage while driving is in need of legislation. Kentucky legislators have looked at the possibility of making a law against cell phones and texting while driving. However, nothing has been passed yet.

Blevins believes this type of law will be proposed again, especially as evidence begins to grow. He said that the government has placed restrictions on truckers from texting and using cell phones while driving.

The problem seems to be growing on a daily basis, as more people are using cell phones. As a result, driving on Kentucky roads is becoming more dangerous.

Hundreds of people lose their lives every year in Kentucky car accidents and many of these deaths could have been prevented. In 2008, there were 123,610 reported crashes in Kentucky, which resulted in 826 deaths and 37,473 injuries.