California Fraternity Sued For Wrongful Death in Hazing Suit

Wednesday, September 30, 2009

Although joining a greek life organization is an age-old tradition that many participate in, some activities can pose dangers.   Many fraternities haze their new members, peer pressuring them to participate in activities that often involve excessive drinking and/or drug use. While the intent is not of a destructive nature, nonetheless, it is still possible for injury and/or death to occur as a result of fraternity hazing.

In December of 2008, freshman Carson Starkey died during a fraternity event, as a result of excessive intoxication. He was a pledge of the Sigma Alpha Epsilon fraternity at the California Polytechnic University. According to police officials, Starkey died following a fraternity tradition called “Brown Bag Night.” In this event, each pledge is given a bottle of alcohol and a time limit by which they are to consume it in its entirety. During this activity, Carson consumed various types of alcohol, including Everclear, which is a 75% pure grain alcohol, in a very short period of time.

Following the event, fraternity brothers found Starkey non responsive to their attempts to communicate with him. They put him into a car, intending on driving him to the hospital. However, when he vomited they turned the car around, deciding to put him to bed instead. When he did not revive, he was taken several hours later to Sierra Vista Regional Medical Center, where he was officially pronounced dead. An autopsy showed that Starkey had a blood alcohol level of .39-.48 which is equal to that of surgical anesthesia.

The lawsuit, filed against Sigma Alpha Epsilon (including the Cal Poly chapter) and nine fraternity members is geared to raise awareness against fraternity hazing and its dangers. The SAE fraternity, on the national scene, is no stranger to allegations of hazing and/or misuse of drug and alcohol incidents. For example, the University of Texas SAE chapter recently was ordered to pay $16.2 million in damages for the hazing and wrongful death of their pledge, Tyler Cross. This one instance, is one of many indiscretions against the fraternity.

Involving oneself in university clubs, including greek life, can be a positive means to make friends and find a niche on campus. However, hazing and other dangerous rituals practiced by these organizations has consistently resulted in devastating consequences. Freshmen, eager to find their place in the house, are susceptible to peer pressure from older fraternity members to drink excessively and/or engage in drug use. Experience has shown that wrongful deaths can and do occur as a result of these immature practices.

The Law Offices of Bredell and Bredell is committed to raising awareness in the local community of the dangers of drinking excessively, through The Arrive Alive Foundation. In addition to being designed to combat drunk driving, it also encourages responsible consumption. Should you or a loved one have been affected by a wrongful death, whether it resulted from excessive alcohol consumption or not, please do not hesitate to contact us.

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The Michigan House of Reps Take on Insurance Companies

Tuesday, September 29, 2009

In the state of Michigan, the wrongful denial of legitimate property, casualty, and health insurance is an occurrence that happens too often. In fact, the state is one of only four in the United States that has practically no consumer protection policies that will shield policyholders from being denied what is rightfully owed to them. Recently, the Michigan House of Representatives have passed legislation that puts pressure on insurance companies to uphold their contracts, or face fines and/or felonious convictions.

Michigan mother, Kecia Milliner witnessed her life change forever in September of 2003. As her five-year-old daughter was playing outside, she was hit and dragged by a speeding car. Although her daughter survived the accident, her life was never to be the same. Upon receiving medical attention from numerous doctors, the Milliners were informed that their daughter has sustained a classic traumatic brain injury. Immediately, Milliner contacted her insurance company, who promised to pay medical bills and honor their personal injury protection benefits. However, the insurance company has failed to do so, putting an enormous strain on the family. The Milliners have fallen behind on their bills, and their credit is ruined. They could also lose their home, all because their insurance company refused to help them.

The legislation, which is designed to battle a culture that puts more emphasis on monetary gain than honoring commitments, will hold the company liable if they deny coverage to policyholders. CEOs who knowingly create, honor, or encourage these bad-faith practices will be charged with a felony. Additionally, a whistle-blower campaign will be enacted to protect bold employees who report the wrongful denial of claims.

If, like the Milliner’s, coverage is denied and credit ratings are ruined, it will be responsibility of the insurance company to repair it. Currently, if an insurance company defrauds a customer, they are only charged with a minimal $500 fine. This is a form of fraud. Consumers who commit fraud in any other capacity are charged with a $50,000 fine and jail time. The existing rules are hypocritical and do not make sense. The new plan punishes insurance companies that deny claims to injured policyholders, by not only charging them $1 million in fines, but consumers will be rewarded their benefits in full.

Too often in this state policyholders are taken advantage of, and do not receive their promised benefits and coverage. Michigan needs to join the other forty-six states, and implement  consumer protection programs that will battle unjust insurance practices. The Law Offices of Bredell and Bredell have years of experience on the front lines against insurance companies, fighting for all promised benefits and coverage for injured parties. Should you or a loved one be injured in an accident, and are being denied insurance coverage, please do not hesitate to contact us immediately.

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Michigan Drunk Driver Dragged by Train

Last week, a Battle Creek man who was already held on charges of drunk driving, resisting arrest, and driving under a suspended license, made another mistake. While driving home from the bar, he drove his car onto a railroad, right in the way of an oncoming train.

According to Battle Creek Police, the man’s smashed sedan was found on Kendall Street, near Dickman Road. It was apparent that it had been struck by a freight train. The girlfriend of the driver attested that they had been drinking prior to the accident. According to her report, her boyfriend was driving southbound on Kendall St. and mistook the railroad for Dickman Rd. He turned onto the rail bed and started driving east, on the northern side of the tracks, only driving about 200 yards before being stuck.

The driver called a relative to help free them from the tracks. However, before they could be helped a freight train approached at approximately 20 m.p.h., and was unable to stop. The train, 80-90 cars long, sideswiped the car, and dragged it for a great distance. Fortunately, the woman passenger only sustained a minor injury to her chin.

Driving while intoxicated is dangerous and destructive. It is very rare that instances such as these occur–generally, severe injury and/or death is the outcome of such accidents.  But this incident is a  prime example of why designating a sober driver is vital. Perhaps if these two had waited for a sober driver, they would not have mistakenly turned onto railroad tracks. The Arrive Alive Foundation of The Law Offices of Bredell and Bredell is dedicated to raising awareness in the local community of the dangers of drunk driving, and the accidents it can cause. Should you or a loved one be injured in a drunk driving accident, please do not hesitate to contact us.

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Teens With Own Car More Likely For Accidents

Monday, September 28, 2009

Recent studies conducted by the Children’s Hospital of Philadelphia have found that both parenting styles and access to a car can be the determining factor of teen safety behind the wheel. The findings showed that teenagers that had their own car, or liberal use of one, are much more likely to be involved in a car accident, as opposed to those who share a vehicle. Parents who enforce driving rules in a supportive and non-accusatory manner can decrease the likelihood of an accident by fifty percent. Additionally, rules such as these can also decrease the chances of drunk driving accidents  and cell-phone driving accidents,  while increasing the chances that a seatbelt will be worn.

In the United States, car accidents are the primary cause of death for teenagers. On average, more than 5,000 American teens die in auto accidents each year. According to government records, more than 7,000 people died in crashes in 2007. Of that number, 3,000 drivers were teens. This number is relatively small when one considers how many adolescents are injured in their own accidents annually–over 250,000 young adults.

Researchers of this study insist that parents can be very instrumental in preventing their children injury and/or death as a result of these accidents. It is important to remember that while driving is often seen by teenagers as a rite of passage, it is a privilege. The freedom a teenager receives with their own vehicle can create a false sense of entitlement about driving, that often ends in an accident. Encouraging young drivers to agree to driving contracts before hitting the road can help teens abide by safety rules of the road.

The study surveyed 2,000 high school students between the grades of 9-12, who reported to driving on their own. Out of that number, 70% had a vehicle of which they were the primary operators. While one-quarter of these teen drivers had been in an auto accident, only 10% of the drivers who shared a car had ever been involved in an incident. The lower crash rate does not necessarily mean that they have had less driving time, but it is most likely because they have to ask for the car keys. This allows parents to monitor their teens driving more closely. Teens with involved parents were 71% less likely to drive while intoxicated, and 30% less likely to drive while talking or texting on a cell phone.

This study highlights the importance of involved parenting and teen licensing laws. Monitoring the driving habits of your teen could be the detrimental difference should a potential situation for a crash arrive. However, it is vital not to smother the young driver, as over-bearing parents are more likely to push their children away than keep them safe. Encourage open dialogue between you and your child–reinforcing that just because you are not in the car, does not mean that your safety tips should be at the back of their mind. As inexperienced drivers are already more likely to be in auto accidents, the parents role is especially paramount. The Law Offices of Bredell and Bredell has years of experiences helping those who have been injured as a result of auto accidents. Should this apply to you or a loved one, please do not hesitate to contact us.

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Swine Flu Vaccination Receives Approval

Friday, September 25, 2009

Recently, vaccines developed to battle the H1N1 influenza were approved by The Food and Drug Administration. Generally, this is an important first step before a vaccination campaign can begin. Health and Human Services Secretary Kathleen Sebelius announced the FDA approval at the House Energy and Commerce Committee hearing.

The vaccination will be given in the form of a mist through the nose, rather than a shot. The initial dose primes a person’s immune system so it will be able to recognize the new virus. The second dose will help the immune system produce antibodies to combat the virus.

The mass production of the nasal mist has cost the United States more than $1 billion to produce and administer 195 million doses. Only 40 to 50 million doses will be available next month, as they are currently being distributed to state health department officials. However, as more vaccinations are produced shipments will continue.

At first, the vaccine will be saved for those who are the most susceptible to it. This group includes: health-care workers, pregnant women, children and young adults. These groups of people have been disproportionately been inflicted with the influenza virus, likely due to the fact that classes are back in session. Surprisingly, the H1N1 virus has not been prominent among Americans aged 60 and older. This is possibly because they have immunity from past viruses that were similar.  The distribution of the vaccination is set to begin mid-October.

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Insurance Companies Fight Alternative Technologies for Speech-Impairments

Amyotrophic lateral sclerosis, or A.L.S., is a disease that attacks the muscles in the throat and mouth leaving its victims unable to speak. In order to help these people have a voice, Medicare approved devices are required. The machines are expensive computers that have programming that turns typed words into spoken word that she can communicate with her family, friends, and physicians.

The computers are made to run only speech functions, and according to governmental insurance policies, the makers of the PCs are required to disable all e-mail or web browsing programming. Many who are upset due to the computer’s limitations and expensive price tag turn to alternative devices to help them communicate.

New York resident and A.L.S. inflicted Kara Lynn has turned to an Apple iPhone 3G and its progressive applications to help her. The $300 phone and $150 text-to-speech software is far less expensive than the $8,000 she previously paid to procure one of the limited PCs. Additionally, she can wear the iPhone around her neck, allowing her to communicate with her young son, Aiden, who has down syndrome.

Despite the benefits the advanced technology provides Ms. Lynn, both Medicare and private health insurance companies refuse to assist with the costs, even though it is far cheaper by comparison. Both parties maintain that the only contribution they are willing to make is towards the costly, but limited personal computers. Their reasoning is that insurance is meant to cover medical devices only. Machines that can be used for non-medical purposes are not insured because they are useful for anyone, not just the ill or injured.

However, it might just take a minute for these organizations to come around. iPhones have only been in existence for the past few years, so it is not shocking that their usefulness has not been considered. The health care system is one of the slowest to catch up with Moore’s Law: the idea that while prices may fall, technology is ever-growing.

Because the public and private insurance companies refuse to cover these devices, it makes the lives of the millions of Americans with A.L.S., autism, strokes, and down syndrome much more difficult. Using popular devices, such as the iPhone can help ease social stigmas. Additionally, children who use them for that purpose love the iPhone–not only is it fun to use, but it possesses a cool factor for them.

A possible solution to this problem could be to have governmental set price limits, and let the patients find their own products. This would be mutually beneficial, as the government and private insurers are spending an extreme amount of money on ineffective machinery. Those who are ill and/or injured are entitled to assistance from their insurance company, not road blocks. The Law Offices of Bredell and Bredell have years of experience fighting for the help you deserve. If you or a loved one has been injured in an accident, please do not hesitate to contact us.

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Michigan Cop Car Rolled in Drunk Driving Accident

Wednesday, September 23, 2009

Drunk driving accidents can occur at any time and any place, and no one is exempt from them. Michigan State Police are in the process of investigating a recent accident where a Pontiac police officer was hit while on patrol by a drunk driver.

According to the police report, the officer was driving his marked car south on North Perry Road, at approximately 11:00 p.m. While driving through a green light at Glenwood, his car was sideswiped by a 1998 Saturn that was traveling westward. When the in-car videotape was reviewed, it was confirmed that the police officer did indeed have a green light. When questioned by police, the driver of the Saturn admitted that he was intoxicated.

As a result of the accident, the police car rolled over. Luckily, the officer was able to get out of the overturned car. However, he sustained a separated shoulder and a laceration to his forehead. The drunk driver walked away with only one small cut. While the man’s blood was taken for analysis and further examination, he did admit at the site to driving while intoxicated. His name has not been issued by police, as charges are pending.

Driving while intoxicated is destructive and dangerous. It is unfortunate that drunk driving accidents effect not only those who drive intoxicated, by those impacted by accidents that may occur. It is imparative that one pays the utmost attention while driving, especially at night. Keeping an eye out for other drivers that are swerving or driving recklessly could keep you out of an accident. The Arrive Alive Foundation at The Law Offices of Bredell and Bredell is dedicated to raising awareness against drunk driving, and increasing public knowledge about the damage these accidents can cause. Should you or a loved on be involved in a drunk driving accident, please do not hesitate to contact us.

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South Carolina Inspects Worker’s Compensation Claims

Monday, September 21, 2009

A South Carolina poultry company, House of Raeford Farms, has been under scrutiny for their hiring practices and failure to report injuries on the job. Federal investigators are researching into the issue, determining whether or not the company violated the state’s workers’ compensation regulations.

Reports state that House of Raeford Farms did not  follow state workers’ compensation law. Investigators were unable to determine if the company had properly documented all work-related accidents. The company also violated a regulation that requires them to post a notice to all workers, instructing them to come forward immediately in the event of an accident. The lack of injury reports could also be because, many of their Latino workers were too nervous to come forward with their injuries, in fear of being fired. Despite this, investigators were unable to find any cases of dismissal on these grounds. Investigators imposed no penalties, but did recommend that their books be annually audited by the commission.

 A 2008 study by the Charlotte Observer found that the House of Raeford hid the large extent of injuries inside their plants. Furthermore, it was found throughout the twenty-two month investigation that first-aid attendants and nurses working for the company ignored worker’s requests to see a doctor, regardless of how much pain they were in.

The Greenville House of Raeford plant did boast a record of five years without any injuries. However, investigative reports show that this was kept alive because they forced hurt workers to come back to work only hours after surgery. During interviews, one worker who was injured in 2003, was required to come back to work the day after conveyor belt hit her arm, and ripped off the tip of her index finger. If she did not show up for work, she would have lost her job. The report also noted that there were four separate cases of workers’ compensation claims for catastrophic injury that were not recorded in the company’s logs. This alone, is suspicious.

According to the Executive Director of the National Council for Occupational Safety and Heatlh, Tom O’Connor, in order to find the truth on what really goes on at the House of Raeford Farms is to go into the community. Speaking with previous employees would provide the most legitimacy, because the workers would not fear for their jobs and could give accurate descriptions.

If you’ve been injured on the job, or as a result of your job, you may be entitled to compensation for your losses. The Law Offices of Bredell and Bredell have years of experience fighting for the rights of injured workers. Please do not hesitate to contact us if you or a loved one have been injured and denied workers compensation.

 

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Catastrophic Injuries from Girl’s Cheerleading on the Rise

A popular sport for young ladies during their school years is cheerleading. This athletic activity was the favorite of fourteen year-old Laura Jackson. However, while trying out for her high school’s varsity squad sustained a catastrophic injury. An attempt at a back flip went wrong, and there was not a trained spotter on hand. As a result of the accident, Laura is now paralyzed and uses a ventilator to assist with breathing.

According to Amy Bohn, a physician at the University of Michigan Health System’s Department of Family Medicine, cheerleading has become the top cause of catastrophic injury to female athletes. The amount of injuries sustained while cheerleading have increased significantly over the past few decades. Data from the Consumer Product Safety Commission, the rate has gone from 5,000 in 1980 to 28,000 in the past few years. Additionally, The National Center for Catastrophic Sports Injury Research determined that cheerleading injuries account for 66% of all female catastrophic injures in high school and college.

Most injuries sustained while cheerleading are common among any sport–muscle strains, pulls, ligament injuries, tendon injuries, and so on. However, Bohn says the concern arises from the fact that there is a recent amount of increasingly severe injuries as a result of the sport. The rise in catastrophic injuries due to cheerleading seems to be because not only is participation at an all time high,  but also because the degree of difficulty and skill required has increased. There is a great degree of acrobatic ability and stunt activities involved that makes cheerleading primed for accidents.

To combat the increasing number of catastrophic injuries, it is important that the coaching staff have experience in injury prevention, first aid and CPR. Additionally, it is key that they are trained in how to develop athletes’ strength, conditioning, and flexibility. A spring-loaded floor along with mats can help prevent injury.

Catastrophic injuries are devastating and life-changing. Whenever participating in an activity that has hazardous situations, such as cheerleading, it is important to always make sure that trained professionals present in case an accident does occur. The Law Offices of Bredell and Bredell have years of experience helping those severely injured in various types of sporting and recreational accidents. If you or a loved one has been catastrophically injured in a sporting or recreational accident, please do not hesitate to contact us immediately.

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Experience Shows Older Bikers Have a High Fatality Rate

According to sales trends in Utah, baby boomer and senior citizens are flocking to the motorcycle showrooms. The appeal of driving fast on a motorcycle is exciting, but experience has shown that the older the rider, the more likely for an accident. State officials and licensing agencies believe that the rise in interest comes from older Americans having grown children, with cash to spend. Additionally, everyone, regardless of age has urge to seek adventure. However, the problems arise when these vehicles are bought and  the driver does not have the  proper training. Dangerous and untrained driving can result in disastrous motorcycle accidents.

During this past year, riders aged forty-five and older had the highest number of fatalities in the western state. This compares drastically to riders of younger ages. According to Motorcycle safety instructor Dan Terry, most older riders who are now getting licensed have either not ridden in years, if ever before. And, a lot of them are paying with their lives. In fact, each of the victims who died in motorcycle accidents in the month of August were over the age of forty-five. This is strikingly different then the ages of victims from one year prior–each was under the age of twenty-nine. In fact, of the twenty-four motorcycle accident victims who died this year through August, only four was younger than forty-five.

Perhaps this rise came alongside the spike in gasoline prices. It  is possible that older riders tried to economize by purchasing a motorcycle as opposed to a car. Additionally, during the recession, it is older Americans who would have the money to buy a motorcycle–not a riding enthusiast in their twenties. Unfortunately, many of the riders are inexperienced or out of practice. This combination has proven deadly for Utah seniors with a passion for riding motorcycles.

Although riding a motorcycle is exhilarating, it can prove to be a dangerous activity. Proper training is essential to safe riding regardless of one’s age. Furthermore, it is important to wear proper safety gear as well as give the utmost attention to the road like operating a motorcycle. The Law Offices of Bredell and Bredell have years of experience representing those who have been injured in motorcycle accidents. Should this apply to you, or a loved one please do not hesitate to contact us immediately.

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