Personal Injury Lawyer Blog

Studies Prove Boxing Can Result in Permanent Brain Damage - Monday, August 4, 2008

While the dangers of boxing have been a hot topic of debate for years, no one can argue the fact that the repeated blows to the head professional boxers endure can result in severe speech problems, loss of motor control, and tremors. The combination of symptoms that boxers suffer after repeated blows to the head has been given the name dementia pugilistica or punch-drunk syndrome.

Though amateur boxers are believed to be at a much lower risk of the long-term damage of professional boxing, research published in the Archives of Neurology in 2006 presents clear evidence that boxing at any level is damaging to the brain. In one study, samples of cerebrospinal fluid, which surrounds the brain, was taken from 14 amateur boxers. When neurons from that fluid become damaged, they die, releasing proteins back into the cerebrospinal fluid. Levels of proteins in the boxers were four times higher than a control group of men who have never boxed. Though none of the boxers involved in the study exhibited any outward signs of cognitive damage or head trauma such as dizziness, slurred speech, or confusion, the proteins found in their cerebrospinal fluid were a clear indication that brain damage had occurred.

Though there are medical professionals who take issue with this study and are confident that boxing is safe, the research clearly shows evidence that cells die after repeated blows to the head and that damage can result leaving the boxer with many permanent side effects known collectively as dementia-pugilistica.

ATV Death Results in Million-Dollar Lawsuit - Tuesday, July 29, 2008

Ever since their 13-year-old daughter Sara was killed when she drove a friend's ATV into a tree, Duane and Cathy Hennarichs wanted to save other children from a similar fate.

A Palm Beach County jury helped their cause on Friday, finding that the family that owned the four-wheeler Sara rode to her death in September 2003 was negligent and ordered them to pay the Hennarichses $3.6 million. The suburban Boca Raton couple said they are hopeful the jury's verdict will spur other ATV owners to realize the perils of letting youngsters ride the vehicles alone.

"We just wanted to make parents realize how dangerous these machines are and that they shouldn't be entrusted to young children without their supervision," Duane Hennarichs said of the lengthy legal battle he and his wife waged since their middle daughter's death. "This was done for Sara," said Cathy Hennarichs, who plans to lobby more actively for tougher regulation via the group Concerned Families for ATV Safety. "She's going to be saving children, and that's important to me."

John Richards, a Fort Lauderdale attorney who represented Roger and Karen Fina and their son Nicolas, now 17, in the weeklong trial, said he disagreed with the jury's verdict, but no decision has been made as to whether it would be appealed.
"This was a tragic and unfortunate accident that involved good families and good kids," he said.

The Hennarichses claimed that the accident could have been avoided if the Finas had simply heeded the warning stickers on the ATV. The stickers clearly stated that the ATV shouldn't be driven by any one under the age of 16, and that no one should ride with a passenger.

Sara, an eighth-grader at Eagles Landing Middle School in suburban Boca Raton, had borrowed Nicolas' ATV and was riding with another youth when she lost control of the vehicle and was thrown headfirst into a tree in the gated Tierra Del Rey North community. She died of head injuries three hours later at Delray Medical Center. The other youth sustained minor injuries.

Monster Truck Plows Through Crowd Injuring Nine - Wednesday, July 23, 2008

In DeKalb, Illinois, a monster truck performing stunts in front of an auto parts store plowed into a crowd of spectators injuring at least nine people. Two of the victims, a mother and one child, were in serious condition at a local hospital. The seven other victims were treated and released Thursday night.

The demonstration was part of a monster truck tour sponsored by NAPA Auto Parts and featured the truck driving over and crushing four cars. The truck lost control after its third or fourth attempt of rolling over the cars and getting back down on the street. It careened off to the left into part of that crowd that was watching the event. After plowing through the afternoon crowd, the monster truck went through a fence and stopped on some railroad tracks. The 44-year-old driver of the truck was not injured.

Tomatoes, Now Peppers and Avocados, Linked to Salmonella - Monday, July 21, 2008

For weeks, we have heard reports of contaminated tomatoes causing salmonella outbreaks in various states. Now, peppers have become a cause for concern. The Food and Drug Administration (FDA) has found salmonella bacteria on jalapeno peppers that were imported from Mexico. The bacteria have been found at a distribution center in McAllen, Texas; however, investigators are not yet certain where the bacteria originated.

While the FDA lifted the warning against tomatoes, another warning, this time on Grande Product, LTD of Hidalgo, Texas has been issued. Jalapeno and Serrano peppers that were distributed between May 17th and July 17th, 2008 have been recalled. Avocados with lot #HUE8160090889 have also been recalled due to Salmonella.

Possible New Legislation Regarding Medical Malpractice - Thursday, July 17, 2008

Under a bill now being considered by the North Carolina General Assembly, plaintiffs and defendants involved in a patient negligence/malpractice lawsuit against a hospital or doctor could agree to have their case settled under binding arbitration. A court would select the arbitrator or the two sides could agree on one arbitrator.

After agreeing to enter the procedure, hearings would begin no later than ten months after the agreement, and a decision would have to be issued within two weeks of the hearing's close. Also, the number of appeals would be limited. Obviously, this new system will allow cases to be heard and resolved much more quickly.

This legislation is an attempt to hold hospitals and doctors accountable and to allow victims of malpractice to seek justice for injuries suffered more quickly. The proposed legislation caps damages at medical malpractice cases at $1 million.

The impetus for this legislation is the simple fact that many people injured or killed by the malpractice of physicians or hospitals cannot find a lawyer to take their case because the cost to litigate such a case is way too high.

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