Kentucky Injury Law News

IIHS says side underride guards should be mandated

May 18, 2017 | by Garmer & Prather, PLLC

According to the Insurance Institute for Highway Safety, a nonprofit organization, underride guards mounted on the sides of trucks in Kentucky and throughout the country offer similar safety benefits to those that are mounted on the rear of the vehicles. Regulations mandating rear underride guards are under consideration.

The IIHS did two crash tests in 2017. One was using an underride guard and the other was using a fiberglass side skirt that was not designed for underride protection. In both 35-mph crash tests, a 53-foot dry van trailer was hit in the center by a mid-size passenger car. The first test used the underride protection, and while it bent, it also prevented the car from going under the truck. In the second test, using the side skirt, the roof came off and the car became wedged under the truck. According to the IIHS, that crash probably would have been fatal for vehicle occupants.

As a result of these tests, the IIHS says that side underride guards should be mandated as well. This was the first evaluation of a side guard by the IIHS.

Autonomous trucks raise concerns about road safety

May 11, 2017 | by Garmer & Prather, PLLC

Driverless trucks may soon be appearing in Kentucky and across the United States. While the technology to empower self-driving tractor-trailers still needs heavy refinement, there are a number of companies working hard to be first to bring these trucks to market.

Of course, driverless trucks raise new concerns about safety and road-readiness as well. For example, an automated vehicle in a truck crash situation will need to determine through its own logic how to handle an imminent vehicle accident. For this reason, among many others, discussion of autonomous vehicles continues to center on this technology’s use as an assistance mechanism for drivers rather than as a replacement.

The Federal Motor Carrier Safety Administration held a hearing on autonomous vehicles in the trucking industry. As an agency with a heavy focus on safety, the hearing heard testimony about several issues. One primary issue discussed was whether autonomous vehicles will allow truck drivers to work longer consecutive hours of service. Given that truck driver fatigue is already a significant safety concern, this issue prompted a range of testimony. In addition, some observers also noted that it is possible for inattentiveness and distraction to increase because of the low level of attention needed by the highly automated vehicle.

Federal government is liable for botched forceps delivery

May 1, 2017 | by Garmer & Prather, PLLC

Expectant parents in Kentucky who are concerned about birth injuries should know about a ruling that was issued by a Pennsylvania court against the federal government. The government will be required to pay $41.6 million in compensation after an obstetrician working at a health clinic funded by the federal government was deemed negligent in the use of forceps to deliver a baby. The baby sustained permanent brain damage because of the medical care.

According to the lawsuit, the excessive traction and force and the mishandling of the forceps on the baby’s skull by the obstetrician resulted in disastrous neurological damage to the baby. An expert witness who testified at the trial stated that the use of forceps in these types of deliveries are an option reserved for severe cases in which a life is at risk. Another witness testified that the baby incurred bleeding in the brain, multiple skull fractures and damage to the brain stem and cerebellum as a result of the use of the forceps.

The Federal Tort Claims Act discards the immunity of the federal government in lawsuits pertaining to medical malpractice. Such claims against the government that stem from negligence that occurs in federally-funded hospitals typically have to adhere to the medical malpractice laws of the state in which the injury took place, with the exception of certain notice requirements and a different statute of limitations. However, the claims can only apply to those who are employed by the federal government facility and not those who are classified as independent contractors. The cap on damages on the medical malpractice cases filed under the FTCA is also determined by state law.

What to do when a car is on recall

April 27, 2017 | by Garmer & Prather, PLLC

Starting in 2013, millions of Takata air bags were recalled because of safety concerns. Kentucky car owners can check whether their vehicle is on the recall list by putting their VIN number into a tool offered by the National Highway Traffic Safety Administration. If the number is found to be on the recall list, the car should be taken to a dealer as soon as possible.

The car does not need to go to the dealership where it was purchased. Furthermore, the car does not need to be in warranty to have the repair made for free. Those who may have purchased the car after the recall was first issued may also want to check to see if it is still on the list. If it is, the car can still be taken to a dealer for repair.

Those who own a car that has a design defect may be putting themselves in danger each time that it is driven. If the car is under recall, it may be a good idea to take it to a dealer for repair. If it is not under recall, it may be worthwhile to talk to an attorney about possible legal remedies. It may be possible to either convince the manufacturer to conduct a recall or seek other relief.

Hidden camera captures nursing home abuse

April 18, 2017 | by Garmer & Prather, PLLC

Placing elderly relatives who are no longer able to care for themselves in a long-term medical facility can be a difficult and emotional process for Kentucky families. Media reports about nursing home abuse and neglect are not uncommon, and one such story involves a Minnesota woman who placed a hidden camera in her 94-year-old father’s room after her efforts to get to the bottom of his deteriorating health proved fruitless.

According to news sources, the woman decided to take action after staff at the Forest Lake facility failed to adequately answer her questions about her father’s situation. The World War II veteran had been a resident at the senior living center for almost a decade when his health began to worsen rapidly. The man is legally blind and suffers from dementia, and the hidden camera placed in his room captured harrowing footage of his mistreatment and neglect.

The man requires assistance to eat, but the video footage showed members of the facility’s staff placing his food on a table and walking away. At least one member of staff was seen eating his meals. The camera also revealed that the man was often ignored for hours on end, and it captured images of him desperately trying to consume lotion from a bottle because members of staff had not provided him with anything to drink.

Kia and Hyundai expected to recall up to 1.3 million vehicles

April 13, 2017 | by Garmer & Prather, PLLC

Hyundai and Kia owners in Kentucky and across the country could soon be receiving recall notices. The manufacturers are recalling 171,348 vehicles in South Korea to replace potentially defective engine parts, and they are expected to take similar action in the United States. Reports suggest that the two companies have told American regulators that they plan to recall a yet-to-be-determined number of vehicles. Media outlets in Asia have reported that 1.3 million cars could be involved.

The South Korean recall was ordered after 2.0-liter and 2.4-liter gasoline engines began stalling. The problem was soon linked to metal debris that had been allowed to accumulate during the manufacturing process. This debris can cause overheating and stalling by restricting the flow of oil to crucial engine components. Hyundai and Kia say that the problem has now been rectified. The vehicles involved will be inspected by dealers, and mechanics will fit new engine blocks if necessary.

Financial experts say that the recalls could cost the two South Korean companies hundreds of millions of dollars even though no accidents or deaths have been linked to the engine problems. News of the South Korean recall prompted a 2.7 percent fall in the Hyundai share price, and a large recall in the United States could further shake investor confidence. Some analysts say that the reported U.S. recall will cost Hyundai as much as $220 million.

Ford to recall more than 570,000 vehicles

April 6, 2017 | by Garmer & Prather, PLLC

Some Ford owners in Kentucky and around the country will be receiving recall notices in the coming weeks. The Michigan-based vehicle maker is recalling more than 570,000 cars, vans and SUVs in Europe and North America to replace defective door latches and remedy coolant issues that have been linked to a rash of engine fires. In a March 29 filing with the U.S. Securities and Exchange Commission, Ford revealed that the recalls would reduce pretax earnings by $295 million.

Coolant issues have been found on vehicles equipped with Ford’s 1.6-liter EcoBoost engines manufactured between 2010 and 2015. They include the Escape SUV, the Fiesta and Fusion sedans and the Transit Connect van. More than 360,000 of the vehicles involved were sold in North America, and they are being recalled because of overheating related to poor coolant circulation. Ford says that 29 engine fires may have been caused by hot oil escaping from cracked cylinder heads as a result. The company plans to fix the problem by having its dealers install coolant sensors and warning lights.

Issues with defective door latches have plagued Ford in recent years, prompting the recall of more than 3 million vehicles and triggering NHTSA investigations. The latest problem involves a defect that can cause doors to open while vehicles are in motion. About 211,000 Ford Fusion, Ford Fiesta and Lincoln MKZ vehicles are covered by the recall. Door latch recalls are said to have cost Ford $640 million in 2016 alone.

Breast implants linked to rare form of cancer

March 29, 2017 | by Garmer & Prather, PLLC

Kentucky readers should be aware that breast implants have been linked to a rare form of cancer that has claimed the lives of nine women, according to the U.S. Food and Drug Administration. The cancer, known as anaplastic large cell lymphoma, attacks the immune system.

Anaplastic large cell lymphoma, or ALCL, can be found in the area of the breast implant, in the skin or in the lymph nodes. The cancer is generally non-aggressive and treatable if diagnosed in early stages. According to the FDA, breast implants are linked to a small increase in the risk of developing ALCL. The agency said it had been notified of 359 cases of possible breast cancer caused by breast implants as of Feb. 1, but it is hard to determine the total number of cases due to reporting and data issues. Most ALCL cases involved the use of breast implants with a textured surface, as opposed to implants with a smooth surface.

According to plastic surgery organizations, up to 11 million women worldwide have breast implants. Statistics indicate that fewer than 10 breast implant patients develop ALCL each year. Patients and doctors should monitor implants for symptoms such as fluid buildup, hardening, masses, swelling or redness. Mammograms and MRIs should also be routinely performed.

Annual Roadcheck inspection blitz to target load securement

March 20, 2017 | by Garmer & Prather, PLLC

Kentucky truckers are probably aware of the annual inspection of fleets and drivers known as the International Roadcheck inspection blitz, which is conducted by the Commercial Vehicle Safety Alliance. The event is scheduled for June 6 through 8 and will focus on how to properly secure cargo.

Adhering to the North American Standard Level I inspections, inspectors will be ensuring all equipment and cargo on trucks is properly secured and will be thoroughly analyzing tie-downs for damage and wear. Cargo-securement violations include damaged, insufficient or loose tie-downs, failure to secure truck equipment and failure to prevent shifting/loss of cargo. To prepare for the stringent inspection event, CVSA has prepared a flyer outlining cargo securement tips. The North American Standard Level I inspections are known to be the most comprehensive inspections of both trucks and their drivers.

For the safety of themselves and other motorists, truck drivers and truck companies are required to ensure their cargo is not oversized and is properly secured. In addition, those who operate 18-wheelers should be extra vigilant when traveling around passenger vehicles and avoid improper braking, rear-end collisions, speeding and reckless driving; otherwise, they could be held liable for crash-related injuries if they cause an accident.

Toddlers are injured by nursery products every 8 minutes

March 17, 2017 | by Garmer & Prather, PLLC

Parents in Kentucky and across the country may be shocked to learn that a study from the Nationwide Children’s Hospital has revealed that 66,000 infants and toddlers are treated in emergency rooms in the United States each year for injuries caused by nursery product-related accidents.

This figure indicates that a child under the age of 3 is injured by a nursery product about every 8 minutes or so, and the Ohio-based hospital’s research team came to this conclusion after scrutinizing emergency room records over a 21-year period of time between 1991 and 2011. The researchers paid particular attention to the cases of infants or toddlers who had been injured by nursery products, and they noticed that the amount of these injuries had increased by a worrying 25 percent during the last 8 years studied.

According to the NCH research, the vast majority of these injuries were caused by falls involving products like walkers, bouncers or changing tables. One of the researchers involved says that manufacturers deserve much of the blame and could improve matters considerably by making simple improvements to cribs and strollers. The study’s lead author points out that the business community responded positively in 2001 when similar research exposed vulnerabilities in baby walker designs.