Council Bluffs Personal Injury Lawyer

Toyota Recall

John Inserra — Wed, 30 Sep 2009 12:01:17 GMT

Just yesterday, Toyota released a safety advisory on their floor mats. There is potential for an accelerator pedal to get stuck in the full open position because of an incompatible or unsecured driver’s floor mat. A mat can become unsecured from a driver going at a high rate of speed which could make it difficult to stop the car. This can then lead to a crash causing serious injury or even death.

The safety advisory said that Toyota is asking owners of Toyota and Lexus models to take out any removable driver’s floor mat. Toyota also advices these owners to not replace it with any other type of floor mat. The following models are the ones who are affected:

2007-2010 Tundra
2007-2010 Camry
2005-2010 Tacoma
2005-2010 Avalon
2004-2009 Prius

Here are some direct recommendations Toyota is making:

“Should the vehicle continue to accelerate rapidly after releasing the accelerator pedal, this could be an indication of floor mat interference. If this occurs, Toyota recommends the driver take the following actions:

First, if it is possible and safe to do so, pull back the floor mat and dislodge it from the accelerator pedal; then pull over and stop the vehicle.

If the floor mat cannot be dislodged, then firmly and steadily step on the brake pedal with both feet. Do NOT pump the brake pedal repeatedly as this will increase the effort required to slow the vehicle.

Shift the transmission gear selector to the Neutral (N) position and use the brakes to make a controlled stop at the side of the road and turn off the engine.

If unable to put the vehicle in Neutral, turn the engine OFF, or to ACC. This will not cause loss of steering or braking control, but the power assist to these systems will be lost.

-If the vehicle is equipped with an Engine Start/Stop button, firmly and steadily push the button for at least three seconds to turn off the engine. Do NOT tap the Engine Start/Stop button.

-If the vehicle is equipped with a conventional key-ignition, turn the ignition key to the ACC position to turn off the engine. Do NOT remove the key from the ignition as this will lock the steering wheel.”

If you have any questions, please call Toyota Customer Experience Center at 800-331-4331.

Originally posted at InjuryBoard by John Inserra

Iowa State Supreme Court Changes Age-Old Law Affecting Injury Suits

Sarah Cool — Fri, 12 Jun 2009 11:18:17 GMT

The Des Moines Register is reporting on a change in the law initiated by the Iowa Supreme Court. Before last week, a centuries-old provision distinguished between different classes or categories of people who were injured on others’ property. Those classes of people – people who are invited onto property (“invitees”), those people who are merely allowed on the property (“licensees”), and those that are not permitted on property (“trespassers”) – used to be treated differently. Invitees could sue over dangers that should have been known to the property owner, but licensees and trespassers could not. Although trespassers still do not have standing to sue a property owner in most circumstances (there are exceptions not discussed here), the difference between invitees and licensees has been eradicated.

In a ruling delivered on Friday, the Iowa Supreme Court reviewed the case of Valerie Koenig, a Des Moines resident. She had injured herself when she tripped over a carpet-cleaner hose in her son’s house, and sued. When the jury was instructed in her case, they were told about the difference between licensees and invitees. Koenig was a licensee, and as a result, she lost in court. But she appealed, arguing that distinguishing between invitees and licensees was outdated and did not fit the needs of a modern society. The highest court in the state agreed. Justice Brent Appel stated that the change in the law reflected “higher valuation of public safety over property rights.” Koenig’s lawyer remarked that he did not believe that the ruling would change how businesses and individuals act. However, the change in the law may serve as a good reminder to all that property owners should care for hazardous conditions on their property and warn those that visit the property of any potential danger.

The full impact of the ruling will likely reach past the jury box, where the discarded distinction between invitee and licensee has confused many. What impact it will have, and whether this kind of ruling might entice the Supreme Court to discard other “out-dated” distinctions remains to be seen.

Originally posted at InjuryBoard by Sarah Cool

Voice Your Support for House File 128, The Bicycle Bill. It's Not too Late!

Sarah Cool — Mon, 01 Jun 2009 15:26:48 GMT

Not long ago, we shared information a bicycle ride that was heading toward the state capital to show support for Senate File 117, a bill that would increase safety measures for bicyclists. Some are terming the bill a “bicyclist’s bill of rights.” Currently, the bill is still making its way through the Iowa House of Representatives as House File 128. Many cycling organizations and communities are still asking Iowans to contact their representatives and voice their support for the bill. This is especially true as another bicycling accident made the news today about a Polk County Sherriff’s Office employee who was badly injured while riding alongside traffic. The employee, Leesa Shoemaker, was badly injured when a passing vehicle failed to overtake her bicycle properly. This is the kind of accident that the bicycle bill is meant to prevent. Shoemaker spent a number of days in the hospital before being released, and is just another victim in a series of bicycle and automated vehicle accidents that prompted the bill’s creation.

It is not too late to voice your support. You can email the following or use the information below to contact the legislature:

1. Speaker Pat Murphy from Dubuque - Pat.Murphy@legis.state.ia.us
2. Majority Leader Kevin McCarthy from Des Moines - Kevin.Mccarthy@legis.state.ia.us
3. Transportation Chair Brian Quirk New Hampton - Brian.Quirk@legis.state.ia.us
4. And your state representative:

You can find contact info. for your legislators here:
www.legis.state.ia.us/FindLeg/

You can also call them at: 515-281-3221

Originally posted at InjuryBoard by Sarah Cool

Chew On This: New Study Says Chewable Aspirin is Best For Heart Health

Sarah Cool — Thu, 28 May 2009 22:22:36 GMT

Often times, heart patients are released from the hospital with instructions to eat better, exercise more, and make lifestyle changes. One of those changes is a daily habit – taking aspirin once a day. Now, a new study released this month indicates that chewable aspirin is better than tablets for heart patients. The study was conducted by the University of California at San Diego, La Jolla. The study focused on chewable aspirin, which is sometimes referred to as “baby aspirin” when indicated as a daily must-have for heart patients. The study had just fourteen participants – one woman and thirteen men. Each was given 1,950 milligrams of aspirin each day, which is the equivalent of about six regular aspirin tablets. However, participants were asked to take the aspirin in different ways when the dose was delivered in a tablet rather than chewable form. One group was asked to swallow aspirin tablets whole while another taking tablets was asked to chew the tablets before swallowing. The third group took chewable aspirin (which is made to be chewed, unlike tablets). Researchers then tested the amount of aspirin in the participant’s blood and found that the group that took chewable aspirin had the drug in their system faster and at a greater rate as compared to those that chewed or swallowed tablets.

It seems that chewing allows the aspirin to enter the body’s system and start working more quickly than tablets. Generally, aspirin works quickly – within 15 minutes. However, this time can be precious as damage to the body can occur quickly during a heart attack. Aspirin helps to prevent clotting, but if you feel like you are experiencing heart troubles at any time, you should seek medical attention immediately. While you’re caring for your heart day-to-day in the meantime, consider chewable aspirin rather than tablets for a little extra benefit.

Originally posted at InjuryBoard by Sarah Cool

Iowa Pork Producers Assure Consumers: Swine Flu Has Nothing to do with Pork

Sarah Cool — Sun, 10 May 2009 23:10:04 GMT

The unfortunately named “swine flu” virus has dominated headlines across the country. But it was only recently that U.S. governments and agencies renamed the virus H1N1-influenza virus amid concerns that the use of the name “swine” was hurting pork sales. Bill Hall, the acting assistant secretary of public affairs for the Department of Health & Human Services, explained: “[t]here is no evidence at this time that swine in the United States are infected with this virus strain and therefore, this is not an animal health or food safety issue." In fact, Hall further explained that H1N1 was likely a combination of swine, bird, and human strains that had genetically mutated. Furthermore, there is no evidence that the H1N1 virus is transmitted by swine. Nevertheless, the media attention and in-apt name of the flu when it first emerged on the global scene has led many to avoid pork products.

Worldwide, there have been less than 1,000 confirmed cases of the virus, with only 286 being in the United States according to the World Health Organization. So far, there have been no reported or confirmed cases in Iowa or in its neighboring or nearby states.

According to the CDC and the U.S. Department of Homeland Security:

People cannot get the hybrid influenza from eating pork or pork products. Most influenza viruses, including the swine flu virus, are not spread by food. Eating properly handled and cooked pork products is safe.
There are no food safety issues related to the hybrid flu that has been identified, according to DHS Secretary Janet Napolitano.
Preliminary investigations have determined that none of the people infected with the hybrid flu had contact with hogs.
“This virus is different, very different from that found in pigs.”
The hybrid virus never has been identified in hogs in the United States or anywhere in the world.

The Iowa Grocery Industry Association has recently reported these facts. Additionally, the Iowa Pork Producers Association and National Pork Board have made efforts to reassure consumers that pork is, in fact, safe for consumption and that the H1N1 virus doesn’t originate from eating pork products.

Originally posted at InjuryBoard by Sarah Cool

Five Iowa Residents File Suit Against Urology Center Following Media Attention About Possible Infection, Illness

Sarah Cool — Wed, 22 Apr 2009 19:07:11 GMT

Following the Veteran Administration’s press release and warnings that veterans may have contracted hepatitis or HIV from improperly sterilized endoscopes, the Siouxland Urology Testing Center has issued its own warnings. Like the VA hospital, the Siouxland Urology Testing Center contacted over 5,000 patients to tell them that they could face a slight risk of contracting hepatitis or HIV following cystscopic procedures. Like with the medical devises used in VA colonoscopies, the tools used by the Siouxland Urology Center include endoscopes, which carry water in tubes to clean cameras. The VA hospital warned patients that the tubes in their devises may not have been cleaned, and that fluid backflow may have carried contaminants to patients. It seems that the problem at Siouxland may have been made even more egregious mistakes by reusing saline bags and tubing for the cystscopsies. After Siouxland sent out patient warnings, five of those patients – all Iowa residents – filed suit.

Local media station KMEG notes that the letters sent to patients were sent “in an abundance of caution” and that the Siouxland Urology Center claimed to understand the trust patients placed in it and that it takes that responsibility seriously. But KSFY reports that the plaintiffs in the lawsuit don’t believe that at all. In fact, the plaintiffs allege that Siouxland knew about the practice of reusing medical equipment on different patients but continued the practice regardless. The negligence suit currently has five plaintiffs - William Collins, Theresa Kinney, Katherine Moir, James Peter and Gloria Todd. KSFY has also reported that many other patients have been seeking legal help in the wake of Siouxland’s warning letters. The office of the Attorney General Tom Miller may also be reviewing the situation.

If you are a patient who had a cystoscopy at Siouxland Urology between March 2002 and January 2009, you may want to have a blood test to check for an infection. If you wish to speak to staff at the Siouxland Urology Center about your procedure or obtaining a bloodtest, call 1-888-718-3456.

Originally posted at InjuryBoard by Sarah Cool

Bicycle Ride to Protest Accidents and to Support Bicycle Safety Bill Takes Place Tomorrow

Sarah Cool — Thu, 16 Apr 2009 19:09:25 GMT

Tomorrow, more than a hundred and as many as five hundred cyclists will take to the streets of Des Moines to protest a severe problem in Iowa – bicycle safety. Just last weekend, two bicycle accidents heightened awareness about the need for new legislation to protect cyclists. On Saturday, Doug Smith was run down by a motorist while riding his near Winterset. While Doug is currently recovering in at Methodist Hospital, he sustained life threatening injuries. A Des Moines resident, Smith was struck by a anhydrous ammonia tank that was being pulled by a truck that passed him on the road. John Lynch, the driver of that truck, was attempting to pass the cyclist in a no-passing zone, according to the Madison County Sheriff’s Office. When Lynch pulled back into his lane, the back tank swung wide and collided with Smith. The accident is just one of a rash of accidents that have occurred between motor vehicles and cyclists. Earlier this year, Ken Sherman was riding through an intersection in Des Moines when he was struck and injured. Sherman was struck when a motorist failed to yield to him, but the police failed to even issue a citation to the motorist – despite the police finding that the motorist was at fault.

In the wake of these accidents, Iowans are encouraged to support Senate File 117, a bill aimed at increasing bicycle safety. Among numerous protections for cyclists in the bill, motorists would be required to pass on the left and not return to the right until the way was clear, all while maintaining at least five feet of distance from cyclists. Another change would require the use of signals and prohibit motorists from entering intersections that are not clear. Both of these improvements could have helped Smith and Sherman. Supporters hope that the improvements will secure safe cycling for others, and prevent some of the tragic and severe accidents that have been occurring.

Senate File 117 was proposed even before the accident that struck down Smith, but the bill failed despite passing in the Senate. It missed a crucial funnel date, but the House can still consider the bill – which needs your support. The bill would provide necessary protections for cyclists and give cyclists some of the protection already enjoyed by pedestrians. Tomorrow, protestors of the accidents and supporters of the bill will ride from Rasmussen’s Bike Shop in Des Moines to the state capital to make their voices heard. To show your support, you can join the ride that is leaving 301 Grand Avenue in West Des Moines at 5:30 PM. Or, email your legislators to voice support for the bill.

Originally posted at InjuryBoard by Sarah Cool

No Further Cases of HIV, Hepatitis Infection Found Since VA Investigation Started Last Week – But Many Veterans Still Awaiting Test Results

Sarah Cool — Tue, 14 Apr 2009 18:10:37 GMT

Over a week after the Veterans Affairs Department released an email that it was investigating “the possibility of [a] relationship” between a patient’s positive HIV test and unsterilized equipment, many veterans remain ill at ease. The Miami Herald reports that since one of Miami’s VA hospital was named as one in which patients may have been accidentally infected with HIV or hepatitis, the hospital has received almost 3,000 worried calls and hundreds of visits from concerned veterans. The reaction was set off when the VA explained that improper sterilization of endoscopic equipment used in colonoscopies and other medical procedures may have resulted in a chance that veterans could contract hepatitis or HIV.

The problems date back more than five years, according to the Atlanta Journal-Constitution, but three particular clinics were specifically in question: the VA hospital in Miami, another in Murfreesboro, Tennessee, and an ear, nose, and throat facility in Augusta, Georgia. Each of the clinics was using endoscopic equipment, which includes pumps and reservoirs that move water to keep a camera in the equipment clear. In a colonscopy, the endoscope is basically a flexible tube that searches the intestines for cancerous tumors or polyps. Following the medical procedures, the endoscopes were rinsed clean – but not disinfected. This may have led to tiny amounts of hepatitis virus – and possibly the virus that causes aids – being introduced into the systems of healthy veterans. Dr. Mark Larson, gastroenterologist at the Mayo Clinic in Rochester, N.Y., said the infection would be unlikely to spread unless a cut or tear inside the intestine allowed the virus to enter the bloodstream. But Dr. John Vara, the Miami VA’s chief of staff explained that there was “more than a negligible chance” that veterans become ill.

Dr. Michael J. Kussman, the VA’s undersecretary for health, was quoted in a press release saying: “the VA prides itself on being accountable, and we are extremely concerned about this matter, and as a result we have initiated an investigation…We have an obligation to provide those who have served and sacrificed for our Nation the care they deserve.” Along with the investigation, the VA issued letters to veterans offering testing for hepatitis and HIV. But many letters are being returned, and many veterans are not being reached. In fact, less than a third of veterans – 3, 174 – have even been notified of their test results. College News reports that 16 veterans have tested positive for hepatitis, with one veteran testing positive for HIV. While VA officials are cautioning veterans not to jump to conclusions, many veterans have been left in the dark to await test results or face long waits and vague answers about what to do or how to react. Even those that may not have been infected have, at the very least, suffered some emotional distress. There may be litigation on the horizon – especially if additional cases appear despite the VA’s assertion that the problems with the equipment was corrected nation-wide by March 14^th. Nevertheless, a nationwide safety training for the use of the equipment may be too little, too late for some.

Originally posted at InjuryBoard by Sarah Cool

New Bill May Allow Wrongful Death Claimants to Recover for Future Loss of Enjoyment of Life

Sarah Cool — Wed, 08 Apr 2009 01:32:51 GMT

The Iowa General Assembly is currently considering legislation that would change the kind of claims that a plaintiff can bring in a wrongful death suit. Wrongful death suits are civil claims brought against a person who causes the death of another. Generally, such a suit is brought by a close relative of the person whose life is lost, most often by a spouse or parent. Iowa already allows for wrongful death plaintiffs to recover for economic damages (such as lost future wages, medical bills, funeral expenses) and noneconomic damages (such as pain and suffering). Plaintiffs can also include claims and receive damages for loss of a loved one, sometimes called loss of consortium. A bill that recently passed through Iowa’s House, HF 758, would also allow plaintiffs to claim damages for the future loss of enjoyment of life of their loved ones. The bill now be considered by the Senate. Only five other states in the nation have similar laws.

Some critics, such as Ann Weber, the Property Casualty Insurers (PCI) vice president, claim that if the bill passes, it will increase the value of claims and increase the overall cost of insurance for Iowan consumers. However, claims will still have to make their way through the court system, unless those claims are settled by insurance companies. Typically, insurance companies only settle viable claims. Therefore, the idea that the ability to recover for the future loss of enjoyment of life will increase prices of insurance coverage in Iowa is probably an over-generalized fear. In fact, Iowa juries may simply reduce the amount of damages for loss of consortium or even pain and suffering to provide verdicts that aren’t too different from those being issued now. Regardless, it will be those who decide the cases to actually put a dollar amount on how much future loss of enjoyment of life is worth. This may be a difficult task for some juries, but there is no reason to believe that juries will be unreasonable in their duties...in fact, the courts have the power to protect against excessive awards. The new bill being considered will not change that fact. Supporters point out that only one “leading economist” has warned about the high average of jury verdicts under the proposed new system. Supporters also argue that allowing the new claim more accurately compensates plaintiffs harmed by wrongful death.

Originally posted at InjuryBoard by Sarah Cool

Car hits Woman In Parking Lot

Chrissie Cole — Mon, 23 Feb 2009 18:12:00 GMT

Police are questioning a person they took into custody just a few blocks from a hit-and-run accident that sent a woman to the hospital.

Witnesses said the driver of a white Ford Taurus struck the woman in the parking lot of the Driftwood Inn at 12:30 a.m. Sunday. The driver also hit several vehicles in the parking lot, witnesses said.

Although the woman was not seriously injured, she was taken to the hospital as a precaution, police said.

Officers are still investigating the incident and did not comment at the scene.

If you or a loved one has been in a car accident or the victim of a hit and run, please visit our Auto Accident Help Center for more information.

Originally posted at InjuryBoard by Chrissie Cole