http://www.lowrylaw.com/blog/ Lowry & Associates Blog en-us 2012 Lowry & Associates, All Rights Reserved, Reproduced with Permission http://www.lowrylaw.com/blog/ Fri, 18 May 2012 04:49:50 GMT http://www.lowrylaw.com/images/logoprint.gif http://www.lowrylaw.com/blog/ Defective Product Case
 
            The Detroit Free Press reported on Tuesday the settlement of a Montana lawsuit against Ford Motor Company.  The plaintiff, a resident of Montana, was rendered paralyzed in a motor vehicle accident in 2003, and the suit alleged that defective tires on the Ford Bronco were the main cause of the wreck.  There was also a claim that this accident was one of many caused by tread belt separation in the type of tire which came with the vehicle.
 
            The tire company and the dealership from which the man bought the car settled previously out of court.
 
            When an injury occurs in the use of any of the hundreds of products that each of us comes in contact with daily, be it a car, a household appliance or a recreational device, an investigation is often in order to determine if some defect in the device was the cause of, or contributed to, the accident.  Often, in the case of a serious injury or death, the manufacturer is the only source of sufficient funds to fairly compensate the victim.
]]> http://www.lowrylaw.com/blog/defective%2Dproducts%2Ecfm www.lowrylaw.com-81364 Fri, 11 May 2012 08:00:00 GMT Bikers, be Safe
 
            It is always sad to see the injuries in motorcycle cases in our office, and although the person at fault in the accident is almost always the other driver, many times the calamity might have been avoided if the biker had taken an extra measure of defensive driving.  Because of my concern for the safety of our motorcycle friends, from time to time I try to pass along a tip which can serve as a reminder.  If this saves just one motorcyclist from injury, my effort will be well worth it.
 
            Studies have shown that people who feel less vulnerable to injury have a tendency to take greater risks and to overcompensate for enhanced safety features thus leading to more injuries and fatalities.
 
            The danger here is that a biker with a helmet and full protective gear might drive faster, take faster turns and be less careful of other traffic than bikers with no helmet and ordinary clothing.  So being aware of this potential danger is the first step in avoiding it.  By all means take advantage of all of the protection you feel comfortable with, but be aware that it is not a free pass for reckless driving.
 
]]> http://www.lowrylaw.com/blog/motorcycle%2Dsafety%2Dtip%2Ecfm www.lowrylaw.com-81164 Wed, 09 May 2012 08:00:00 GMT  
 
Big Bucks R&D for Drugs
 
            We have been told many times that the reason for the high cost of prescription drugs in the United States is the cost of research and development.  If the big drug companies could not recoup this cost, plus a healthy amount for profit, so the argument goes, the research would come to a halt, and Americans, indeed the whole world, would be deprived of the terrific health benefits which some of the new drugs provide.
 
            The recent settlement of a lawsuit in which Brigham Young University sued Pfizer, Inc. gives us some insight into the magnitude of the cost of R&D in the pharmaceutical industry.  Just one month before the scheduled beginning of a complex eight-week trial in Salt Lake City the case was settled for $450 million, but BYU claimed that it was owed at least $9.7 billion in royalties, and the jury could have taken the total revenue from the drug Celbrex and imposed triple damages.
 
            In the suit the university claimed that a professor at the school discovered an enzyme and a gene that allowed for development of an anti-inflammation drug that did not have the long-term side effects of aspirin.  This work by the professor apparently accounted for a large part of the cost of research and development of Celebrex , one of the most financially successful products of all time.  Pursuant to a contract with Monsanto, which later become a part of Pfizer, BYU was supposed to receive royalties.  Although the professor’s discovery was a key to development of Celebrex, Pfizer misappropriated it and cancelled the contract.
 
            The cost of research and development may be substantial, but with figures like these, profits must be enormous.

http://www.sltrib.com/sltrib/money/54024947-79/pfizer-byu-simmons-lawsuit.html.csp
]]> http://www.lowrylaw.com/blog/soaring%2Dcosts%2Dfor%2Dprescription%2Ddrugs%2Ecfm www.lowrylaw.com-80994 Mon, 07 May 2012 08:00:00 GMT Pro Bono For Lawyers
 
            Above the Law, a legal tabloid containing news, gossip and colorful commentary on law firms and the legal profession, published an article on Wednesday by Staci Zaretsky commenting on a recent edict issued by a New York judge which promulgates a new bar admission hurdle in the form of a 50-hour pro bono requirement.  The controversial new rule, however, cannot go into effect until detailed regulations are drafted.  http://abovethelaw.com/2012/05/new-york-forces-pro-bono-requirements-upon-would-be-lawyers-because-no-one-else-cares-about-poor-people/
 

            Many questions remain about the proposed new requirement, and the proposal has raised a chorus of opposition in New York.  It is unclear, for example, whether all of the mandatory pro bono work would have to take place in New York and whether work done while in law school would count.
 
            The New York Times commented, “Starting next year, if you want to become a lawyer in New York, you’re going to have to work for free.  Because nothing says ‘we care’ like indentured servitude.”  The president of the Pro Bono Institute, a nonprofit group that works with law firms to improve their pro bono services, opposes the rule, saying, “I worry about poor people with lawyers who do not want to be there.”  She expressed a concern that it would place an undue burden on young lawyers who face a difficult job market.  Recent law graduates already face serious difficulties including, in many cases, a student debt in the six figure range.
 
            The problem which the judge is addressing exists not only in New York but in most jurisdictions in theU.S.: poor people cannot afford the legal services which they need, and practicing lawyers are not devoting enough free time to make up for this.  In Maine we are fortunate in having strong free legal services provided to poor people through several pro bono legal programs including Pine Tree Legal Assistance and the Volunteer Lawyer Project.

]]> http://www.lowrylaw.com/blog/lawyers%2Dfor%2Dpoor%2Dpeople%2Ecfm www.lowrylaw.com-80886 Fri, 04 May 2012 08:00:00 GMT  
 
Wrongful Death Claims
 
            Under old English law where a person’s death was caused by the fault of another person, the claim to recover money damages for the loss died with the victim, and the guilty party had no obligation to compensate the survivors.
 
            In every state, including Maine (and also under modern law in England), the state legislature has enacted laws modifying the old rule and permitting recovery by the survivors in cases where an accidental death is the result of the negligent, careless, intentional or reckless acts of another person.
 
  Most states allow recovery in whatever amount a jury may determine to be fair, but some states, including Maine, place a limit on the amount which the guilty party must pay for the loss of comfort and companionship suffered by the surviving family members.  In Maine this amount has been raised from time to time and is currently set at $500,000.  There is no limit on recovery for so-called pecuniary losses such as funeral and medical expenses, future loss of financial support and other financial losses due to the death of the victim.
 
 
            You may be surprised to learn that the surviving spouse is not entitled to the entire amount of whatever is recovered in a wrongful death action unless there are no surviving minor children.
 
            Although the law covering wrongful death cases is not exceptionally complex, these cases do involve some unique considerations, so family members who have lost a loved one will be best served by retaining a law firm with experience in this field.
]]> http://www.lowrylaw.com/blog/accidental%2Ddeath%2Ecfm www.lowrylaw.com-80744 Wed, 02 May 2012 08:00:00 GMT  
Truck Safety Rules
 
            Truck drivers and their employers carry a heavy responsibility to make sure that their big rigs do not pose a hazard to other vehicles on the highway.  Unfortunately the pressures to make a profit or to increase the driver’s  or operator’s income sometimes result in decisions which endanger the traveling public.  Drivers are often tempted to push the limits of the rules, particularly in failing to observe the required rest requirements.  Any truck driver who is on the road in a tired condition poses a serious hazard.
 
            The Federal Motor Carrier Safety Administration has promulgated new rules designed to increase highway safety.  The updated rules provide:

• An 11-hour driving limit (unchanged) with a requirement of a 30-minute break before 8 consecutive hours of driving
• During the 34-hour “restart” or off duty time, there must be at least two consecutive nighttime periods lasting from 1:00 a.m. to 5:00 a.m.

 
Although the agency has been criticized for its failure to adopt more stringent requirements, especially leaving the 11-hour limit rather than going to 10 hours which many safety advocates were pushing, according to the agency, “The purpose of the rule is to limit the ability of drivers to work the maximum number of hours currently allowed, or close to the maximum, on a continuing basis to reduce the possibility of driver fatigue.  Long daily and weekly hours are associated with an increased risk of crashes and with the chronic health conditions associated with lack of sleep. These changes will affect only the small minority of drivers who regularly work the longer hours.”
 
            The FMCSA is constantly reviewing its rules to improve safety, but without compliance on the part of drivers, the risks remain high, and truck accidents remain a cause of catastrophic highway crashes.


]]> http://www.lowrylaw.com/blog/truck%2Dsafety%2Drules%2Ecfm www.lowrylaw.com-80609 Mon, 30 Apr 2012 08:00:00 GMT  
 
Traumatic Brain Injury
 
            A blow to the head, a frequent occurrence in a motor vehicle accident, often results in a concussion and sometimes in a traumatic brain injury (TBI) which can totally or partially incapacitate the victim.
 
            Until now only specialists were trained in the treatment of TBI, and as a result many patients did not receive prompt and appropriate treatment resulting, in some cases, to unnecessary long-term complications and disability.
 
            Now the Obama administration in partnership with U.S. medical schools will begin to include information on the diagnosis and treatment of TBI in their curriculum.  So far 105 medical schools and 25 osteopathic colleges have promised to make traumatic brain injury a part of their curriculum.
 
            Suffering a TBI can never be good news, but at least now there may be more hope for light at the end of the tunnel.
]]> http://www.lowrylaw.com/blog/head%2Dinjury%2Daccidents%2Ecfm www.lowrylaw.com-80189 Wed, 25 Apr 2012 08:00:00 GMT Protect Your Kids
 
            Children are, in many ways, more susceptible to accidental injury than adults.  A kid’s sense of adventure and lack of fear can expose him or her to dangerous situations that an adult would never encounter.
 
            There is a wide array of risks which account for childhood injuries, including:

• Motor vehicle accidents
• Fireworks
• Playground equipment
• Ingestion of household products
• House fires
• Falls
• Swimming accidents

 
            According to the World Health Organization and the United Nations Children’s Fund more than 2,000 children are killed in accidents or die from unintentional injury throughout the world every day, and every year millions of children are left with permanent disabilities.
 
            In many cases of childhood injuries the person responsible can be held accountable by means of a legal action on behalf of the injured child.  It is important for the responsible parent or guardian to seek professional advice on the feasibility of proceeding with a claim for money to protect the child’s future.

           
]]> http://www.lowrylaw.com/blog/child%2Dinjuries%2Ecfm www.lowrylaw.com-80064 Mon, 23 Apr 2012 08:00:00 GMT  
Tax Time = More Highway Fatalities
            I hope that all my readers have survived tax day which fell this year on Tuesday, April 17 due to celebration of Patriots Day in Maine and Massachusetts.  It is a bit surprising, but actually makes sense when you think about it, that new research shows that there is an upswing in fatal traffic accidents on tax filing day.
            According to a report published in the Journal of the American Medical Association deaths from highway accidents were, on average, 6 percent higher on each of the tax filing days in the last 30 years compared to a day during the week prior and a week later.  The study looked at data from the IRS and the NHTSA from 1980 to 2009 and showed that there was an average of 226 fatal crashes for each of the 30 tax days, but only 213 for the 60 control days.
            According to Donald Redelmeier, a professor of medicine at the University of Toronto and the lead researcher, the findings suggest that stress, lack of sleep, alcohol use and less tolerance of other drivers contribute to the increase of deaths on tax day.  Interestingly Professor Redelmeier noted that an increase of risk of this magnitude is about the same as Super Bowl Sunday, a time notorious for drinking and driving.
            Although there has long been speculation that stressful deadlines can contribute to driver error and fatal crashes, this is the first study to confirm that psychological stress contributes to real world accidents.
            Everyone agrees that people should observe obvious safety precautions such as buckling up seat belts, obeying the speed limit, avoiding alcohol, minimizing distractions and refraining from driving recklessly, but when people are under stress, they frequently forget to do these common sense things.
            With tax day just behind us, we have another year to think about being more careful next April 15^th.
]]> http://www.lowrylaw.com/blog/death%2Dand%2Dtaxes%2Ecfm www.lowrylaw.com-79883 Fri, 20 Apr 2012 08:00:00 GMT

Bicyclist Wrongful Death
 
Following a seven-day trial in the federal court in New Hampshire, the jury awarded $8.5 million to the family of a bicyclist who was killed in August, 2008, when he was run over by a tractor-trailer on a rural road in Porter, Maine.
 
The bicyclist was traveling on the right side of the road as he approached a curve to the left.  The tractor-trailer, traveling in the same direction, pulled into the left lane to avoid the bicycle, but when confronted with a pickup coming in the opposite direction pulled back to the right to avoid a head-on collision.  The bicyclist was forced off the pavement, lost control of his bike, fell back onto the roadway, was run over by the rear tires of the trailer and died instantly.
 
The jury determined that the driver of the tractor-trailer was negligent in attempting to pass on a curve with insufficient visibility ahead, and rejected the defendant’s claim that it was a safe and reasonable place to pass.  The jury also rejected the testimony of the state police accident reconstructionist who said that the main cause of the accident was the condition of the shoulder of the road which caused the decedent to lose control of his bicycle.
 
The 38-year-old decedent was an experienced bicyclist, a college graduate and owned his own contracting business.  At the time of his death he was in excellent health and left a wife and two minor children.
 
After four hours of deliberation the jury awarded $3.5 million for lost wages and earning capacity and $5 million for loss of consortium for the surviving spouse and children.  If the case had been brought in Maine where the accident occurred, the law would have limited the amount of the award for loss of companionship (the legal term is consortium) to only $500,000.  The law in New Hampshire appears to have a similar restriction on damages for loss of consortium as Maine, so it is likely that the amount of the award will have to be reduced.  The difference between how a jury values loss of a loved one and the limited amount set by the legislature is troubling.  I would submit that a jury of ordinary citizens with access to the facts of each case is better equipped to reflect the values of the community than lawmakers sitting in the state capital considering only a theoretical case and responding to the pleas of insurance industry lobbyists.
 
]]> http://www.lowrylaw.com/blog/wrongful%2Ddeath%2Dcase%2Dbicyclist%2Din%2Dnh%2Ecfm www.lowrylaw.com-79630 Wed, 18 Apr 2012 08:00:00 GMT

.

According to the Insurance Information Institute it cost insurers $412 million for dog bites in 2009, an increase from $387.2 the previous year, making that five consecutive years of increases.  The number of claims, 16,586, was up 4.8 per cent from 2008.  Statistically nearly 4.7 million people are bitten by dogs each year, 15 to 20 people are killed and 50% of dog bite fatalities are children under 10 years old.  Approximately 100 children are bitten by dogs every day in the U.S. and about 92 of these children will need medical attention.
 
In a more recent report DogBite.org, a national dog bite victims’ organization devoted to reducing serious dog attacks, presented statistics for 2011 including 31 fatal dog attacks in that year.  Of these fatal attacks 67 per cent were by pit bulls even though pit bulls account for only 5 per cent of the total U.S. dog population.  Rotweilers accounted for another 13 per cent.  Interestingly, somewhat at odds with the Insurance Information Institute’s report, 70 per cent of pit bull victims were between the ages of 32 and 76, and there were 7 cases of pit bulls killing their owners. Texas  and California had the highest number of fatal dog attacks.
 
Although dog bite injuries are small in number compared to motor vehicle accidents, nevertheless the numbers are substantial, and Lowry & Associates has been successful in bringing in fair compensation for many dog bite victims over the years.




]]> http://www.lowrylaw.com/blog/dog%2Dbite%2Dinjuries%2Ecfm www.lowrylaw.com-79447 Mon, 16 Apr 2012 08:00:00 GMT
Roadwork Accidents
 
            A New York Times piece last December reported that hazards related to highway work result in about 160 deaths and 11,000 people injured every year.  This is an area where there are only loosely enforced standards at best with no uniformity among the various states.  Because federal regulators do not track the ways that highway hazards cause accidents or attempt to determine when contractors and state highway planners are at fault, work zone crashes are often under-reported or inaccurately reported.
 
            The problem is taking on increased significance as a result of the federal stimulus which has launched a nationwide boom in highway construction.
 
            Because of this lack of attention to highway construction safety it is often difficult to prove a case of negligence against a contractor and even more so against a municipality or a state agency.  It takes attention to detail and a lot of hard work to make sure that someone who has been injured at a highway construction scene is properly compensated.
 
            My firm, Lowry & Associates, has been doing this work for many years, so we are fully aware of the ins and outs of making these cases successfully, and we are ready to put our experience to work for our clients.
]]> http://www.lowrylaw.com/blog/highway%2Dconstruction%2Daccidents%2Ecfm www.lowrylaw.com-79328 Fri, 13 Apr 2012 08:00:00 GMT

Check Your Tire Pressure to be Safe
 
            According to recent research nearly half of cars on U.S. highways may be on tires that are underinflated.  An underinflated tire causes additional friction and flexion in the sidewall which causes excessive heat to build up in the tire which could lead to tire separation or tire failure leading to a blowout with the potential for a collision or even a rollover.  Even without tire failure a vehicle may “wallow” on underinflated tires which causes a loss of control as well as causing the vehicle to ride slower and get lower fuel economy.
 
            It is impossible to determine tire pressure accurately by a visual inspection.  Modern radial tire design results in slight bulging even when properly inflated.  A regular check with a pressure gauge, preferably monthly, is recommended.  The manufacturer’s recommended tire pressure can usually be found in the glove box, on the doorjamb or on the fuel tank door.  The pressure reading and any corrections should be taken while the tire is still cold before starting to drive or after having driven no more than a mile or two.
 
            Not all tire failures are caused by improper inflation.  A tire may have left the factory with a hidden defect, so whenever an accident happens because of a tire failure, a personal injury lawyer should be consulted to see if an investigation of the underlying cause of the accident is indicated.
]]> http://www.lowrylaw.com/blog/tire%2Dsafety%2Ecfm www.lowrylaw.com-79205 Wed, 11 Apr 2012 08:00:00 GMT  
Fatal Accidents
 
            For the injury lawyer who cares deeply about his or her clients, the wrongful death claim is perhaps the most emotionally difficult.  To see the grief and often the justified anger experienced by family members who have lost a loved one in a motorcycle or other motor vehicle accident requires a sympathetic and understanding approach in the attorney-client relationship, but also a very analytical and businesslike manner in dealing with the preparation and presentation of the case.
 
            It is important for a family which has lost a loved spouse or parent that the wrongdoer who caused the fatal accident be brought to justice in the form of fair compensation for those who have suffered the loss.  Vengeance is seldom the motivating factor in these situations, but until justice has been done, these victims often cannot experience a sense of closure. 
 
            Every time the system produces an award for a wrongful death, there is the chance that it will cause someone in the future to think twice before taking a risky action, and thus it may  save a life.
]]> http://www.lowrylaw.com/blog/wrongful%2Ddeath%2Ecfm www.lowrylaw.com-79018 Mon, 09 Apr 2012 08:00:00 GMT


Driving While Impaired
 
            We are all aware that consumption of alcoholic beverages can impair the ability to drive and can lead to accidents and injuries.  It is also well recognized that taking illegal drugs can produce the same result, and there is nothing unusual about an operating under the influence (OUI) conviction based on illegal drug use.
 
            In a recent case, however, the Maine Supreme Judicial Court upheld an OUI conviction based on the ingestion of prescription drugs thus making it clear that there is personal responsibility for operating a vehicle free of impairment  without regard to the cause of impairment.
 
            In the case decided by the high court the defendant admitted that he had been taking prescription drugs a few hours before being arrested.  He was observed operating at an excessive speed, was unable to perform three field sobriety tests and was positive on a test for drugs in the urine.
 
            Although the finding was not unexpected, it is a comfort to those on the highways to know that this menace to traffic safety will not be tolerated.
]]> http://www.lowrylaw.com/blog/impairment%2Dby%2Dlegal%2Ddrugs%2Ecfm www.lowrylaw.com-78924 Fri, 06 Apr 2012 08:00:00 GMT  
 
 
 

 
Disfigurement
 
            When an accident causes painful and traumatic scarring and permanent cosmetic disfigurement, often requiring extensive reconstructive surgery, it is very important that the lawyer who represents the victim takes the extra time and effort to fully understand the complex medical issues and to be able to explain the effect of this type of injury persuasively to an insurance adjuster or to a jury. 
 
            These injuries can have a profound emotional impact on the unfortunate victims and often also impact work and career prospects resulting in lost income as well as huge medical bills.
 
 


 
 



]]> http://www.lowrylaw.com/blog/disfiguring%2Dinjuries%2Ecfm www.lowrylaw.com-78774 Wed, 04 Apr 2012 08:00:00 GMT
Safety Tips for Bikers
            To protect against motorcycle accidents, often caused by the inattention of motorists, all motorcyclists should be defensive drivers and take extra safety precautions to avoid crashes.  The fault may lie with the other driver, but it is the person on the motorcycle, driver or passenger, who ends up with the serious injury in a collision.
            Being constantly super-alert and aware of traffic nearby is the most important safety precaution, but here are some simple measures which all bikers should take:

• Hold the bike with your legs, not your arms.
• Do not tailgate or ride between the lanes.
• Use your signals.
• Anticipate what cars ahead of you may do by looking forward and ahead
• Never drive beside a big rig

It would be just fine with us at Lowry & Associates if there were no need for our services because no more bikers were getting hurt, but if an accident does happen, then we are here to make sure that the victim receives a fair recovery.



]]> http://www.lowrylaw.com/blog/motorcycle%2Dsafety%2Dtips%2Ecfm www.lowrylaw.com-78643 Mon, 02 Apr 2012 08:00:00 GMT


Inept Criminal
 
            A Wells Fargo branch in Miami was robbed last Thursday morning when a man showed a teller a weapon, then reached over the counter and took an undisclosed amount of currency.
 
            The robber then proceeded to make his getaway on a motorcycle with the cash stashed in a backpack.  As he sped down Interstate 75 the money was flying out of the backpack along the highway.
 
            According to the FBI some people stopped to pick up money along the road.  Agents said that they should return the money immediately, but none had been returned as of Friday afternoon, nor had the robber been apprehended.
 
            In my blogs I try to deal with issues related to the legal system, particularly accident law, but occasionally I can’t help interjecting a humorous item such as this.
 
           
]]> http://www.lowrylaw.com/blog/a%2Dbotched%2Dcrime%2Ecfm www.lowrylaw.com-78645 Mon, 02 Apr 2012 08:00:00 GMT

 
 
Defective Products
 
            When we think of dangerous defective products, I suppose that unsafe drugs first come to mind, because of the barrage of TV ads on these products by “mass tort” lawyers.
 
            Defects and dangerous conditions can exist in almost any product, and manufacturers’ lack of attention to safety in the design and fabrication of their products can strike at any time causing unexpected injury and death.  This truth was underscored by news of two unrelated tragedies.
 
            Last month new information became available regarding the deadly Indiana State Fair collapse which occurred last August when a powerful storm swept into the fairgrounds killing seven people and injuring 58.  The Department of Labor reported that the company that built the stage was guilty of three major safety violations related to the collapse.
 
            The family of a Colorado woman who died while visiting family in Andover, Mass. has been awarded $20 million against Toys ‘R Us by a Massachusetts jury.  The woman received a fatal head injury when she slid head first down an inflatable slide which partially collapsed causing her to hit her head on the pool deck.  The slide had not been tested to determine if it met certain safety standards.  The trial judge denied a motion for a new trial and for a reduction in the verdict.
 
            When the failure of a product, whether it is a household appliance or a defective device of any sort, causes injury or death, an experienced injury lawyer should be consulted.  Lawsuits against offending manufacturers get a lot of attention throughout an industry and have the effect of making products safer for everyone.
]]> http://www.lowrylaw.com/blog/defective%2Dproduct%2Dinjuries%2Ecfm www.lowrylaw.com-78503 Fri, 30 Mar 2012 08:00:00 GMT Loss of a Limb
 
            It is self-evident that loss of an arm or leg in a car crash or in an industrial accident can have a profound impact on the lives of accident victims and their families.  It often means the end of a career or loss of the opportunity to pursue work opportunities and often prevents a person from pursuing favorite activities or hobbies.
 
            However, even the amputation of a finger or toe can throw off balance and impact mobility in a number of life-changing ways.
 
            When pursuing a claim for the loss of a limb it is important to have a lawyer who is alert to all of the ramifications of how this affects the life of the victim and who is proficient in making every aspect of these losses clear to the insurance company or to a jury.
]]> http://www.lowrylaw.com/blog/accident%2Dvictim%2Damputations%2Ecfm www.lowrylaw.com-78196 Wed, 28 Mar 2012 08:00:00 GMT