Charlotte Injury Lawyers Blog

Workers’ Compensation Lawyers and Attorneys in Charlotte, Mecklenburg County, North Carolina :: Injured Workers in North Carolina Sometimes Left Destitute Thanks to Uninsured Bosses

December 27, 2012 | AS Personal Injury Lawyers

The Charlotte Observer recently told the story of a man who was injured at work and left to eke out a living on government benefits due to the failure of the state’s workers’ compensation system to compensate him.

The worker, John Ashworth, shattered both his feet back in 2008 after falling off a roof. His employer lacked the insurance required by state law and owes him tens of thousands in back pay. State officials have been pressuring the company to pay, but so far Ashworth has received a total of $75. He survives on food stamps and Medicaid given the lack of a safety net for workers just like him.

The problem in North Carolina is a big one. One investigation found that there are at least 30,000 employers across the state that are required to carry insurance but do not. More shocking is that little or nothing has been done by regulators to ensure compliance with the state law. The state’s Industrial Commission hears complaints from between 300 and 500 workers each year who were injured while working for an uninsured company. Even though the Commission typically rules in favor of the injured workers, it can takes months or years (if ever) before the Commission is able to force the employers to pay the money they rightfully owe.

One way of fixing the problem is to haul the bosses off to jail. In another case this year, an injured worker was owed $120,000 in back pay by his boss. After months of ignoring the commission’s letters and requests for a meeting, officials finally arrested the employer. The arrest provoked the desired response and the employer has already begun making $1,000 per month payments to the worker in hopes of a settlement.

Advocates for such vulnerable employees say the state should create a fund to pay the back pay owed to such injured workers quickly so they are not left destitute while their former employers dispute the claims. Because workers that are never compensated end up on Medicaid or food stamp programs, advocates explain the taxpayers end up footing the bill either way.

Car Accident Lawyers and Attorneys in Charlotte, Mecklenburg County, North Carolina :: The Reason Behind Low Insurance Rates in North Carolina

December 25, 2012 | AS Personal Injury Lawyers

There’s been discussion among industry insiders about the low auto insurance rates paid by consumers in North Carolina and whether a raise in the rates might actually be a good thing in the long run. This might come as a surprise to drivers in the state given that North Carolinians currently enjoy some of the lowest car insurance rights in the country.

According to a survey by the National Association of Insurance Commissioners, drivers in the state pay the eighth lowest amount in the country behind Maine, Idaho and five states in the Midwest. Another survey, from Insure.com, says that the state is doing in even better, coming in at the fifth lowest auto premiums in 2012.

However, the reason for the low rates reveals that it’s not all good news. Some of the reasons are great: good roads, good traffic enforcement and low population density are all contributing factors. However, a bigger reason is that North Carolina is one of only a few states with laws on the book that make it harder to win personal injury lawsuits by evaluating whether an injured person had a role to play.

In North Carolina, the law says that if you are even one percent at fault, you might as well be 100% at fault. That’s because unlike most states, North Carolina follows an old common law rule known as contributory negligence. Under this approach, when a person is found to have any responsibility at all for his or her injuries, that person is then barred from recovering damages for those injuries. That means, that if a person is responsible in the smallest way for an accident, the defendant will avoid having to pay anything for the harm they caused. There are a few ways around this strict rule, including if the defendant acted in a willful or wanton manner or if the defendant had the last chance to avoid an accident and failed to do so. Currently only three other states and the District of Columbia follow the contributory negligence approach.

The vast majority of states use some version of a comparative negligence system where the amount a plaintiff can recover is reduced according to the percentage they are found to be at fault. For instance, if a plaintiff is found to be 10% responsible for an accident and the defendant is found to be 90% responsible, the total damage award will be reduced by 10%.

There have been several attempts to change the outdated system used in North Carolina, including last year’s vote in the House in favor of a bill replacing the contributory negligence system with a modified comparative negligence system. Though the House passed the bill, it failed to get the necessary votes in the Senate due to language inserted by legislators friendly to the insurance industry.

Trucking Accident Lawyers and Attorneys in Charlotte, NC :: Court Says Texting Trucker Ultimately Responsible for Damage

December 20, 2012 | AS Personal Injury Lawyers

An opinion from the 4th U.S. Circuit Court of Appeals last week revealed that the Court affirmed a summary judgment ruling issued by a lower court that held a trucking dispatching system manufacturer should be dismissed from a personal injury lawsuit. The court held that the company could not be responsible for a crash that was caused by a texting driver.

The case is important because of the facts it presents. In the case, Durkee v. Geologic Solutions, Inc., the plaintiff sued after a truck crash occurred on Route 40 in North Carolina. The driver of the tractor-trailer rear-ended several cars that were in front of him. The accident was powerful and ultimately deadly, resulting in the tragic death of one of the plaintiffs’ infants.

The plaintiffs consulted North Carolina personal injury attorneys and began filing claims against all the usual suspects. Included in this group of defendants was a surprising addition, the company that made a texting system located inside the cab of the truck. The plaintiffs made two arguments to try and hold the company liable. First, they said that the texting system required the driver of the truck to divert his attention from the road to read the text messages coming from the dispatcher. Second, the system was poorly designed in that it allowed the driver to receive text messages while the vehicle was in motion. The plaintiffs said that both of these things contributed to the deadly wreck and make the company liable.

Charlotte, North Carolina Medical Malpractice Lawyers :: North Carolina Medical Malpractice Case Before U.S. Supreme Court

December 18, 2012 | AS Personal Injury Lawyers

The tragic case of one North Carolina family was recently deliberated before the U.S. Supreme Court in an important test of how states will handle medical malpractice cases for Medicaid beneficiaries. The case involves a couple, Sandra and William Armstrong, and their 12-year-old daughter who was left blind, deaf, mute and immobile after a botched delivery by, what the parents said, was a negligent doctor. According to an article in the Charlotte Observer:

The case is known as Delia v. E.M.A. and asks the justices on the High Court to decide how much of $2.8 million medical malpractice settlement the Armstrongs are allowed to keep and how much the states, like North Carolina, can be reimbursed for Medicaid expenses.

The young girl, Emily, was born in 2000 in Hickory, NC. The doctor in charge, Dr. James Barnes, Jr., delivered her by cesarean section which did not go well. The girl suffered serious injuries and was eventually diagnosed with cerebral palsy as a result. The parents sued the doctor, the hospital and others. The lawsuit revealed that the doctor had a history of drug abuse and prescription fraud and had voluntarily surrendered his medical license for a period.

The State of North Carolina said that they spent nearly $2 million caring for Emily through the use of the state’s Medicaid funds. After a verdict in 2006 awarded the family $2.8 million, the state tried to get a large chunk of the money. Currently, state officials have a lien for $933,333.33, or exactly one-third of the total award. They say that state law is clear that the government should be reimbursed from Medicaid beneficiaries who ultimately receive money from medical malpractice lawsuits.

The family is challenging the lien based on a federal law which prohibits state governments from placing liens on Medicaid patients’ property. They argue that the medical malpractice payout is property and thus immune. The state claims that the federal law only applies to the portion of the award for pain and suffering. The problem is that in this case the award was never itemized.

The worry of state officials is that if the Armstrongs prevail, future patients will just make sure that the entire settlement amount is categorized as for pain and suffering to avoid having to give the state any portion of the award.

Wrongful Death Lawyers and Attorneys in Charlotte, Mecklenburg County, North Carolina :: Cleveland County Fair Sued Over E.coli Outbreak

December 13, 2012 | AS Personal Injury Lawyers

The parents of two kids who were sickened by an E.coli outbreak linked to the recent Cleveland County Fair have sued the company that put on the event according to this article. According to court records, the complaint was filed last week in Gaston County on behalf of a 5-year-old girl and an 18-month-old boy. The children, who are not related, along with their parents are listed as plaintiffs.

The suit claims that both children attended the Cleveland County, NC fair on October 4 and both became violently ill only a few days later. Each ended up being diagnosed with E.coli. Both children eventually developed hemolytic uremic syndrome, a life-threatening condition that can lead to kidney failure.

Officials have pinpointed the origin of the E.coli outbreak to the petting zoo located on the fairgrounds. They believe that rainy weather allowed the bacteria to spread away from the animals. The outbreak was not limited to the two children, instead, 106 people became sick, including a 2-year-old from Gastonia who ended up dying as a result.

In their suit, the families claim that the company who operated the fair created an environment that was especially susceptible to an E.coli contamination and either knew or should have know of the risks associated with placing the petting zoo where it did. The suit also says that the operator failed to limit the spread of animal waste which is what led to the 100+ illnesses.

The fair’s director, Calvin Hastings, said earlier that they tried to prevent problems with E.coli by taking steps like adding hand-washing stations and posting signs reminding people to wash their hands. Hastings has also said until a plan has been developed to ensure safety, no more animal exhibits will be allowed at the fair.

Personal Injury Attorneys and Lawyers in Charlotte, Mecklenburg County, North Carolina :: Red States and Blue States Differ on Fatal Traffic Accident Rates

December 11, 2012 | AS Personal Injury Lawyers

Though most of us know about the cultural differences that appear to exist between people in red and blue states, we likely have never heard that there are also differences in fatal traffic accident rates. According to a recent article in the LA Times, red states have significantly higher fatal traffic accident rates than blue states.

Some may try to extract political reasons for the difference, but experts agree that the real reason is one of geography. Most red states have higher speed limits than blue states given the increased amount of open, rural roadways as opposed to dense, urban population centers. Moreover, red states often see drivers having to travel longer distances and go further to find a hospital or emergency services. Blue staters are more likely to use public transportation, further dropping their chance of being killed on the road.

Public transportation usage dramatically reduces the rate of road deaths, so much so that many people have used the data to push for an increase in government money directed towards rail projects. Nearly all of the least fatal states have comprehensive public transportation systems which keep residents from driving much of the time.

The site revealed that the 10 highest death rates, per 100,000 people, occurred in states that voted for Mitt Romney in the recent election. Even more surprising is that fully 17 out of the 18 deadliest traffic accident states voted Republican in 2012. The 10 states with the highest traffic death rates per 100,000 population are: Wyoming, Mississippi, Arkansas, Montana, Alabama, Oklahoma, Kentucky, South Carolina, South Dakota and West Virginia.

Personal Injury Lawyers and Attorneys in Charlotte, NC :: Experts Say Hacking Into Medical Devices Represents Realistic Threat

December 6, 2012 | AS Personal Injury Lawyers

On the most recent episode of the Emmy award-winning drama Homeland, the Vice President of the United States was assassinated by a group of terrorists that hacked into the pacemaker controlling the beat of his heart. The terrorists were able to get their hands on the device’s serial number and then remotely take control of the device, causing it to malfunction and lead to a fatal heart attack.

The plot twist was surprising and left many wondering whether it could ever happen in real life. Shockingly this was not just a Hollywood fabrication but is actually possible due to the serious vulnerabilities of electronic medical implants.

Though such connected medical implants are life saving additions to many people’s lives, there are real risks associated with them. While everyone knows about the dangers that hackers can cause online, almost no one understands the threats that exist when computers are placed inside people.

Though implanted medical devices have been in existence for many years, only in the past decade have they begun to incorporate components that allow for virtual access. This system can be used by doctors to gather important information but comes with very little in the way of security. Lack of battery power means that elaborate security measures are not possible and doing a full “update” requires surgery, not just a click of a button.

Thankfully there have not yet been any reports of death caused by someone hacking into a medical device. However, test hacks have been done and have shown that it is certainly possible. The equipment needed to hack such devices used to cost tens of thousands of dollars; last year one researcher hacked into his insulin pump using materials that cost less than $20. Another security expert demonstrated how with the push of a button he could run a program on his laptop that made any insulin pumps within 300 feet dump their entire contents into a patient’s bloodstream.

Personal Injury Lawyers and Attorneys in Charlotte, North Carolina :: Doctors Worry About Risks From New Superbug With North Carolina Origins

December 4, 2012 | AS Personal Injury Lawyers

A recent article in USA Today discussed a terrifying new superbug with origins here in North Carolina that has caused serious worries across the healthcare industry, leading to deaths in medical facilities large and small across the country. The bug, known as Carbapenem-Resistant Enterobacteriaceae, or CRE, is known for fighting off doctors’ last line of defense, carbapenem antibiotics. The bacteria are causing serious concern among those in the medical industry, especially nursing homes and small hospitals, as it tends to prey on the most vulnerable patients.

The bacteria made news this summer after a CRE strain attacked the National Institutes of Health outside Washington, D.C.; seven people ultimately died as a result. Research shows that since the first case of a CRE infection was reported in a North Carolina hospital back in 2001, there have been thousands of CRE cases throughout the country, showing up as everything from pneumonia to intestinal and urinary tract infections.

The bacteria’s resistance to even the strongest antibiotics has some worried about doctors’ ability to control the illness. Death rates among patients with CRE infections are around 40 percent, much worse than other common healthcare infections such as MRSA or C-Diff, which have been problems for places catering to the sick and elderly for decades.

Since starting in North Carolina, CREs have spread to at least 41 other states, according to the CDC. Many more cases have gone unreported given that it can be difficult to obtain a proper lab test confirming the presence of the bacteria in smaller hospitals and nursing homes. Many small medical facilities lack the capacity to identify CRE or the resources needed to isolate patients carrying the bacteria.
Surprisingly, given how serious the illness can be, there is no billing code for CRE infections under Medicare or Medicaid and there is no federal reporting requirement for the infections. This makes it hard to get a good national picture of the disease and only spotty records from around the country exist. One example is in Los Angeles County where one year of surveillance through mid-2011 turned up 675 cases at hospitals, nursing homes and clinics. In Maryland, a 2011 survey by the state health department identified 269 patients carrying CRE and estimated that up to 80 percent of the state’s hospitals had seen at least one case during the year.

Sadly, for at-risk patients in medical facilities throughout North Carolina there is little chance that a new drug will be developed to kill the CRE bacteria. Manufacturers have said they have no new antibiotics in development that are able to kill the bacteria. Moreover, there’s little financial incentive for drug companies to act given the bacteria’s ability to adapt to new drugs and become resistant to them as well.

Dram Shop Attorneys and Lawyers in Charlotte, NC :: North Carolina Dram Shop Laws Receive Attention After Tragic Accident

November 29, 2012 | AS Personal Injury Lawyers

A heartbreaking drunk driving crash in Charlotte, NC that severely injured a young couple and killed their unborn child and the drunk driver shed light a law that is meant to prevent bars and restaurants from serving alcohol to already intoxicated customers.

The innocent North Carolina couple was driving home in October of 2010 when police say a drunk driver with a blood alcohol level more than three times the legal limit crashed into them going more than 100 miles per hour. The drunk driver had just left a bar in south Charlotte where he had been served at least 10 drinks.

The couple spent more than a month in the hospital and the wife lost the baby and more than 40% of her own blood. Extensive surgery was required for both the husband and wife in addition to many months of rehabilitation after the accident.

Earlier this month a jury in Charlotte returned a $1.7 million verdict against the bar, finding that the restaurant was negligent in serving alcohol to a person it should have known was drunk. Though the bar has not been found criminally liable, saying an investigation by the Mecklenburg County Alcoholic Beverage Control Board found that the bar had not served alcohol to the drunk driver after he was “visibly intoxicated,” the civil standard is less stringent.

The innocent couple sued the bar under North Carolina’s law that makes establishments that serve alcohol to obviously drunk or underage customers who then cause death or injury to others liable. The laws, known as dram shop laws, are on the books in all but seven states. Some have criticized the North Carolina law for being vague; not specifying exactly what owners of such establishments should do to ensure they are not liable for the actions of their patrons.

Wrongful Death Attorneys and Lawyers in Charlotte, North Carolina :: Young Woman in North Carolina Dead After Terrible Car Crash

November 27, 2012 | AS Personal Injury Lawyers

A North Carolina two-vehicle crash that led to the death of a young mother has resulted in charges for the other driver according to the North Carolina Highway Patrol. The man was charged with misdemeanor death by a motor vehicle and failure to stop at a stop sign.

The accident happened when the other driver’s Chevy truck crashed into the Ford truck driven by the young mother at the intersection of Northam Road and Snead Road in Rockingham, NC.

The young mother was driving a friend and her three children when the wrecked occurred. The friend suffered neck injuries and two of the children had to be treated at the Carolinas Medical Center for injuries they sustained in the accident. The young mother was ejected from the Ford after being hit on the driver’s side. The other driver only had minor cuts and bruises.

The charges leveled against the other driver carry a maximum penalty of 150 days in jail given that there are no indications at this point that drugs or alcohol were involved in the collision.

This crash demonstrates just how dangerous something so small as running a stop sign can be. Other drivers do not stand a chance when a fast moving object slams into them. The man responsible for the terrible crash has been charged with several crimes and also faces the possibility of additional civil suits as a result of the accident.