Columbus, Ohio Attorney Blog - Robert W. Kerpsack Co., L.P.A.

Deadly Car Accident in Clark Co., Ohio Could Have Been Worse

noreply@blogger.com (Dr. Candelaria) — Mon, 01 Mar 2010 21:52:00 +0000

When you drive with your kids and others in the car, it is your worst nightmare: a distracted driver causes a serious car accident, putting your children at risk. This is what happened on Saturday in Clark County, Ohio. A local woman, driving a minivan with six children inside, including her own daughter, was struck in the front passenger side by a station wagon that, according to investigators, ran the red light at the intersection of Ohio 235 and Ohio 41. Police believe distracted driving, rather than drugs, alcohol, or the weather, is to blame for the accident.

Both cars suffered serious damage, and the minivan rolled over off the road. All passengers were injured, and one of the children had to be extracted from the mangled wreck by emergency response personnel. However, all the passengers in the minivan have been treated, but are now recovering from their injuries.

The driver of the station wagon was not so lucky. He suffered critical injuries and died Sunday at Miami Valley Hospital.

The difference, according to the Ohio State Highway Patrol: seat belts. The driver of the station wagon was not wearing his seat belt and though his airbag inflated, the secondary restraint system was insufficient to save his life.

If you have been hurt or lost a loved one in a car accident caused by a distracted driver, you may need the help of a car accident attorney. Please contact the attorneys of Robert W. Kerpsack, CO, LPA today for a free initial consultation.

Senate Report Claims GSK Hid Avandia Risks, FDA May Be Complicit

noreply@blogger.com (Dr. Candelaria) — Fri, 26 Feb 2010 21:14:00 +0000

Avandia, a treatment for type 2 diabetes, was once the second-best-selling drug of GlaxoSmithKline (GSK), but sales have slipped as doctors and patients became concerned about the drug's heart attack risks. Now, the US Senate has released a report saying that GSK sought to intimidate independent scientists who spearheaded critiques of the drug and tried to misrepresent medical data to conceal risks. And The New York Times reports that the FDA is considering removing the popular but potentially deadly drug from the market. The Times claim comes from internal, confidential reports within the agency that recommend the drug be removed from the market. One of the reports says 300 heart failures a month could be prevented simply by switching people to a different diabetes drug, Actos. One report simply recommends that "Rosiglitazone [the active ingredient in Avandia] should be removed from the market."

Despite evidence that Avandia may be to blame for 83,000 excess heart attacks over eight years, the agency is not in complete agreement that the drug is unnecessarily dangerous. Apparently, there are multiple conflicting opinions within the agency about the safety profile of Avandia. FDA scientists have scheduled a meeting for later this year to resolve the dispute and make definitive recommendations about the drug.

The FDA may be feeling pressure to do something about this dangerous pharmaceutical drug. On February 20, the US Senate issued the results of its two-year investigation into GSK's response to safety concerns about Avandia. The report uses very strong language to criticize GSK's handling of the drug. In addition, many are using Avandia as a case-in-point to level criticism against the agency itself. The Senate's report notes that the officials who are in charge of monitoring drugs after approval are "under the thumb" of the officials who approved the drug in the first place and have a vested interest in ensuring that the drugs be seen as safe. The Senate recommends that the agency should give post-market surveillance greater independence from other FDA officials.

The FDA issued its own statement about Avandia on February 22, stressing that guidelines for the drug's use have not changed and that people should not stop taking Avandia without first talking to their doctors.

In its reply to the Senate report, GSK denies that it has done anything wrong. The report said that it "welcomes and supports open and independent scientific debate about its products." It also adds that 164 independent clinical trials have not shown an association between Avandia and heart attacks. However, as more and more information becomes available, it all seems to point to one conclusion: Avandia increases the risk of heart attacks. In its report, the Senate claims GSK knew the risks, but sought to suppress them.

If you have been injured or lost a loved one due to a dangerous prescription drug, the lawyers at Robert W. Kerpsack CO., LPA can help. Please call or email us today to schedule a free initial case evaluation.

Ohio State Highway Patrol Rollover Accidents Kill One, Injure Three

noreply@blogger.com (Dr. Candelaria) — Tue, 23 Feb 2010 20:10:00 +0000

This month has been a tragic one for the Ohio State Highway Patrol (OHSP), with two of its patrol cars suffering rollover accidents that killed one trooper and left three others injured. The first accident, which occurred on February 4, in the evening, when the troopers were headed south on Ohio 95 near Toledo, when their vehicle left the roadway, tripped, and rolled over. One of the patrolmen died, the other suffered serious injury. Both troopers were wearing their seatbelts. In the second incident, which happened early on the 14th of February, the troopers were trying to pull over a speeding motorist on US 127 in Williams County when their vehicle left the roadway, tripped, and rolled over. In the second incident, both troopers, who were wearing their seat belts, suffered minor injuries.

The incidents underscore several facts about rollover accidents. Most (85%) rollover accidents are single-car accidents. Most rollover accidents occur when a vehicle is "tripped" by an obstacle or change in the road surface, such as when it leaves a paved surface and encounters a soft shoulder. In addition, the majority of rollover accident victims were not wearing their seat belts. Not wearing your seat belt increases the risk of being killed in a rollover accident fourfold, according to data published by the National Highway Transportation Safety Administration (NHTSA).

In addition, the vehicle you are in can put you at a greater risk for dying in a rollover accident. SUVs are high-profile vehicles with a narrow wheelbase, making them more likely to roll over. Defective tires can also lead to a rollover accident. Once a vehicle rolls over, you depend on the safety equipment of your vehicle, but if your vehicle's roof is inadequate or the seat belts fail, your risk of injury increases.

If you have suffered serious injury or lost a loved one in a rollover accident that was caused or worsened by the vehicle you were driving, the lawyers at Robert W. Kerpsack CO, LPA can help you pursue a hazardous product lawsuit. To learn more, please contact us for a free case evaluation today.

Toyota Finally Announces Recall of 2010 Prius

noreply@blogger.com (Dr. Candelaria) — Thu, 18 Feb 2010 16:00:00 +0000

Toyota was all apologies as it announced its recall of more than 400,000 hybrids worldwide, mostly the Prius model, for braking problems. This is on top of the recall of millions of defective cars announced recently. Many people accuse Toyota of knowing about the problem for a long time before admitting it and making the recall. However, there are some who charge that none of Toyota's recalls or proposed fixes actually address the real problems.

Previous recalls were for mechanical problems that caused accelerator pedals to stick, but some believe that the actual problem is an electronic throttle control that responds to transient magnetic fields with spontaneous acceleration. There are also charges that the problems with the Prius go beyond the brakes. In a high-profile claim, Apple co-founder Steve Wozniak claims a software problem is to blame for his car's spontaneous acceleration. According to Wozniak, when he uses his cruise control under precisely controlled conditions, he can make it suddenly accelerate up to 97 miles per hour.

Although the accelerator problem has been associated with many car accidents and some deaths, the Prius problems have not yet been associated with accidents or deaths.

If you have been hurt in an accident due to the Toyota or any other defective automobile, the Columbus, Ohio product liability lawyers at Robert W. Kerpsack CO, LPA can help. Please call or email us today for a free consultation.

Tips for Winter Driving

noreply@blogger.com (Dr. Candelaria) — Wed, 10 Feb 2010 23:06:00 +0000

With all the snow we have seen across Ohio this month and with more in the forecast, it is worthwhile to review some tips for avoiding car accidents in winter weather:

Cut down on unnecessary trips. Stay home with a hot beverage and a good book whenever you don't have to go out. When you go grocery shopping, stock up as much as possible to reduce the need for additional trips.

Go slow. If you must go out, go slow. Remember to give yourself extra time getting whether you need to go.

Give adequate spacing. Remember that being close to the car in front of you does not get you to your destination any faster. Allow adequate spacing so you can brake gradually. Braking suddenly can cause you to slide out of control.

Lights on for safety. It's a simple rule: whenever you have your wipers on, turn on your lights. If you are having trouble seeing, others may have trouble seeing you, too, and your lights will increase your visibility.

Be courteous. Everyone is having trouble accelerating and may have difficulty making turns or merging into traffic. Let up on the gas to facilitate merging cars and try not to block intersections when you stop. When people are more courteous on the roads, everyone's stress is reduced, leading to a more pleasant drive.

If you follow these simple tips, you will likely avoid a dangerous car accident. However, if you are in an accident as a result of someone else not driving sensibly, please contact the car accident lawyers at Robert W. Kerpsack CO., LPA in Columbus, Ohio for a free consultation.

Pedestrian Accident Kills Ohio Lottery Winner

noreply@blogger.com (Dr. Candelaria) — Fri, 05 Feb 2010 22:47:00 +0000

An Ohio woman who had just received a check for her $8000 lottery winnings (less taxes) was killed in a car accident while heading home from her celebratory dinner. The woman, a mother of six from Crystal Rock, Ohio, had invited her husband and a couple of friends out to dinner, where they were enjoying themselves and discussing plans for their future, plans that she will now never get to enjoy. She had started walking home, but had gone only a few hundred feet from the restaurant when she was struck by a car, dying instantly.

The woman had bought wedding rings for her and her husband, something the couple had been unable to afford. Then she had decided on the plan to buy a fishing boat to enjoy better economic times. Her friend described the plans: "Her husband was gonna be captain. She was going to be first mate, and [my husband] and I were going to be [deck] hands."

The driver is not likely to be charged with a crime.

The woman's lottery winnings highlight what is true of every car accident victim: she was in the first day of her new life. She was looking forward to exciting new possibilities and a brighter future. If you have lost a loved one in a car accident, you do not need lottery cash to know that he or she had a bright future ahead. And no amount of money can buy back even a single day of that time lost.

A car accident or wrongful death lawsuit cannot bring back your loved one, but it can help cover bills and clear away temporal cares so you can focus on your loss. To learn how we can help in the wake of your tragic accident, please call or email Robert W. Kerpsack, CO, LPA in Columbus, Ohio for a free consultation.

Ohio Truck Driver Watching Porn, Fatigued at Time of Deadly Truck Accident

noreply@blogger.com (Dr. Candelaria) — Mon, 01 Feb 2010 16:22:00 +0000

A truck driver from Ohio killed a mother of two in her disabled car on I-90. Police now say that he was watching porn on his laptop computer at the time of the deadly truck accident and had slept only 4 hours in the middle of a 27-hour stint of driving. The trucker had been operating with falsified logbooks in violation of federal hours of service (HoS) regulations at the time of the accident. The woman had struck a deer, disabling her car. She had called 9-1-1 and reported the accident. Several cars and trucks avoided her vehicle, but this trucker was distracted and struck her car.

This accident brings up again the role of distraction in causing truck driving accidents. Distractions like cell phones and laptop computers are common causes of both truck accidents and car accidents. In addition to personal laptops, the in-cab dispatching devices--computers for use by drivers that keep them in contact with dispatchers and give navigation directions--may be responsible for as much as 3% of all trucking accidents, according to a recent study.

As technology gives more options for entertainment and work, we have to learn how to manage the distractions to work and play efficiently without endangering others. If you have been injured or lost a loved one in an accident with a distracted trucker, your truck accident lawsuit can help trucking companies and regulators assess the real cost of dangerous, distracted driving. Please contact the personal injury lawyers at Robert W. Kerpsack, CO, LPA today for a free case evaluation.

Medical Malpractice Lawsuits Down in Ohio--A Good Sign?

noreply@blogger.com (Dr. Candelaria) — Thu, 28 Jan 2010 16:10:00 +0000

In its recently published report the Ohio Department of Insurance (ODI) reported that the number of medical malpractice claims filed in the state had fallen by about 30% in the last two years. Proponents of the tort reform that passed in the state in 2003 will claim that this is a sign that reform has worked to reduce frivolous medical malpractice lawsuits, but closer consideration might show that might not be so.

First, reports of "frivolous" medical malpractice lawsuits have always been exaggerated. According to a New England Journal of Medicine study in which doctors reviewed medical malpractice claims, 97% of all lawsuits filed were in response to a real, documented injury, and most injury claims (60%) were associated with medical errors.

Second, if the goal was to prevent frivolous lawsuits, we should actually see an increase in the percentage of lawsuits that resulted in compensation for the injured party, since frivolous lawsuits would be more likely to be stopped before they ever got started. However, the report showed that the percentage of claims filed that resulted in compensation was roughly the same in 2007 as it was in 2005 (22% in 2007, compared to 21% in 2005). This means that either the law has had no effect on reducing frivolous lawsuits, or fewer victims who deserve compensation are getting payment for their injuries.

Since the majority of medical malpractice lawsuits are the result of actual medical errors, we would only want to see medical malpractice lawsuits drop if medical errors are also decreasing. However, a recent report published by the Hearst Corporation estimates that medical mistakes continue to increase and that nearly 200,000 Americans die each year from preventable medical errors and hospital-acquired infections, about four times as many as die in auto accidents. With more people suffering as a result of medical errors, but the number of medical malpractice claims decreasing, it seems like tort reform has decreased access to compensation for people who have suffered injury or lost a loved one due to medical errors.

Third, if the goal of tort reform was to reduce costs associated with lawsuits, the report shows that it has been largely unsuccessful. The report shows that the costs associated with lawsuits, other than compensation for victims, has gone down by about 10%, but since the number of claims has dropped by 30%, the legal and investigative costs for each lawsuit has increased by nearly 50%, from $24,443 to $35,603. There are probably two main reasons for the increase in per-case legal costs. Increased requirements for evidence before a case can be filed and during a trial leads to more costs--medical experts are expensive. The other reason why cases are probably getting more expensive is that, with fewer cases to fight, insurance companies are consolidating their resources to fight harder per case, which might explain why fewer people who deserve it are getting compensation.

Most officials and commentators are reluctant to draw conclusions about the effects of tort reform, and, admittedly, this report represents a very small sample of data. But the signs do not look good.

If you have been hurt or lost a loved one as a result of a serious medical error, the medical malpractice lawyers at Robert W. Kerpsack, CO, LPA will fight for your rights. Please contact us today for a free consultation.

New Toyota Safety Recall Affects 2.3 Million More Vehicles

noreply@blogger.com (Dr. Candelaria) — Fri, 22 Jan 2010 22:23:00 +0000

In addition to the ongoing recall of 4.2 million Toyota and Lexus vehicles for floor mat entrapment, Toyota announced a recall of 2.3 million more vehicles for accelerator pedal sticking. The recall affects only Toyota vehicles, not Lexus or Scion vehicles. Approximately 1.7 million vehicles are subject to both recalls. These potentially defective vehicles have already caused dozens of injuries and deaths.

According to a spokesman for Toyota, "Our investigation indicates that there is a possibility that certain accelerator pedal mechanisms may, in rare instances, mechanically stick in a partially depressed position or return slowly to the idle position."

This recall is, like the previous floor mat recall, intended to address the unexplained acceleration events that have killed or injured dozens of people. The National Highway Transportation Safety Administration (NHTSA) has received over 100 reports of such events, not all of which resulted in accidents. When Toyota announced the floor mat recall, the NHTSA stressed that it was an interim measure and not a fix of the underlying defect in the vehicles.

The possibility of a mechanical sticking of the pedal is an alternate explanation to what some have said, that an electronic throttle control mechanism, which is subject to influence by transient electromagnetic fields, was to blame. Whatever the actual explanation, for now this recall is the only action Toyota is taking to remedy the complaints.Vehicles subject to the current recall include the following models:

Avalon (2005-2010)
Camry (2007-2010)
Corolla (2009-2010)
Highlander (2010)
Matrix (2009-2010)
RAV4 (2009-2010)
Sequoia (2008-2010)
Tundra (2007-2010)

Toyota says that in the event of a stuck accelerator pedal, you should apply firm and steady pressure to the brake pedal, drive to the nearest safe location, and shut off the engine.

Many charge that Toyota has been covering up the problem of unexplained accelerations for over five years. It may be that this recall will fix the problem, or it could be that it is another cover for the real problem. Defective vehicle lawsuits are being pursued and may be the only way to force Toyota to reveal everything it knows about the problem.

If you or a loved one have been injured by a mysterious acceleration in a Toyota vehicle, please contact Robert W. Kerpsack, CO, LPA to help us get to the bottom of this issue and seek compensation for your injury.

Chrysler Recalls over 24,000 Potentially Defective Automobiles

noreply@blogger.com (Dr. Candelaria) — Thu, 21 Jan 2010 21:37:00 +0000

Chrysler Group, LLC, recently acquired by FIAT, Inc., has announced a recall of 24,177 Chrysler, Dodge, and Jeep vehicles for potential brake failure. The automaker reported the defect, specifically a malformed or missing brake booster input rod, to the National Highway Traffic Safety Administration (NHTSA) on January 7. The manufacturing defect could result in brake failure without warning and cause a serious auto accident.

Of the potentially defective vehicles affected by the recall, nearly 17,000 are Dodge Ram pick-up trucks. The complete list of the recalled cars and their model years is below:

Sebring (Chrysler) 2010
Ram (Dodge) 2009-2010
Avenger (Dodge) 2010
Nitro(Dodge) 2010
Commander (Jeep) 2010
Grand Cherokee (Jeep) 2010
Liberty (Jeep) 2010

Chrysler will replace the brake booster input rod retaining clip free of charge. If you own one of these vehicles, you should receive notification about how to get this service performed, or you can call Chrysler at 1-800-853-1403.

At this point, there have been no confirmed accidents or deaths associated with the recalled models. But if you or a loved one has been injured in an accident you believe was caused by this or any other vehicle defect, please call or email the Columbus, Ohio personal injury lawyers of Robert W. Kerpsack CO, LPA for a free consultation today.

Deadly Truck Accident near Springfield, Ohio

noreply@blogger.com (Dr. Candelaria) — Tue, 19 Jan 2010 15:00:00 +0000

Icy roadway conditions are being held partly to blame for a deadly head-on collision near Springfield, Ohio. A tanker truck jackknifed, crossed the midline on I-70, and crashed head-on into a van carrying ten people, killing four of them. The van was carrying clients and staffers from the Creative Learning Workshop, a center that provides vocational and rehabilitation services for adults with developmental disabilities. The four killed in the truck accident were two employees, including the driver, and two clients. The truck driver suffered only minor injuries and was released.

The tanker truck was empty at the time, and this may have been a cause of the truck accident. Semi trucks partly depend on the weight of their cargo to give them stability. Without sufficient weight on the trailer tires, it may be less responsive to braking or maneuvering than the cab, which can cause it to veer to the side or otherwise maneuver independently of the cab, what is known as a jackknife. Once a truck begins to jackknife, it can be very difficult to regain control. And even an empty semi truck is heavy enough to inflict deadly damage on other vehicles. For this reason, underloaded trucks can be just as dangerous as overloaded trucks, especially during adverse weather conditions.

If you were injured or lost a loved one in this or another truck accident in Ohio, the personal injury lawyers of Robert W. Kerpack CO., LPA can help. Please contact us today for a free consultation.

Emotional Dimensions of Nursing Home Care

noreply@blogger.com (Dr. Candelaria) — Thu, 14 Jan 2010 15:33:00 +0000

If we had the time and skill, most of us would choose to give our loved ones the care they need rather than putting them in a nursing home. Unfortunately, most of us have numerous time commitments, including work and our spouses and children that prevent us from devoting all our energies to caring for a sick parent, uncle, or grandparent. And often these time commitments prevent us from visiting as much as we would like, so that not just the physical care, but the emotional relationships our loved ones need on a daily basis are in the hands of the nursing home staff. Treating your loved one as if he or she is merely a body and not a whole person is a common symptom of nursing home neglect.

Look for these signs to ensure your loved one's emotional needs are being met:

Does your loved one brighten when staff speaks to him or her?
Does the staff all know your loved one by name?
Does the staff know details about your loved one that likely came out in conversation?
Is someone often with your loved one when you arrive for a visit?
Does your loved one fondly mention members of the staff by name during conversation?

Positive emotional relationships are an important part of your loved one's quality of life, and can be indicative of the overall quality of care. If your loved one's emotional needs are not being met, the chances are that other areas of care may be lacking as well, and you should closely look for signs of neglect, like weight loss, dehydration, and pressure sores.

If your loved one is a victim of nursing home neglect or abuse, the chances are they are not alone. A nursing home neglect lawsuit can call attention to substandard care and give facility owners an incentive to fix problems, protecting your loved one and others. Please contact the law firm of Robert W. Kerpsack, CO, LPA today for a free case evaluation.

Construction Zone Accidents

noreply@blogger.com (Dr. Candelaria) — Fri, 08 Jan 2010 03:46:00 +0000

Construction zones can be more than just a nuisance during your daily drive in and around Columbus--they can be very dangerous. When normal traffic gets changed, people hurrying to work or home can find their everyday routes unfamiliar and strange. Suddenly, traffic that used to flow easily becomes slowed or backed up. Many lanes of traffic, including large trucks, are forced to merge, sometimes unexpectedly. Because of the dangers of merging with large trucks, nearly a quarter of all accident fatalities in work zones are related to large truck accidents.

But in Ohio, the Department of Transportation (ODOT) has designed an effective plan to reduce the number of dangerous traffic accidents. In order to reduce the number of accidents, ODOT has developed specific guidelines for all traffic work zones. These guidelines include:

Sufficient merge zones
Adequate shoulders (at least 2')
Limits on traffic levels after lane closures
Limits on length of car queues (never more than 1.5 miles, and never more than .75 miles for two hours or longer)

If a contractor violates these guidelines and it contributes to your auto accident, the contractor may be considered negligent.

If you or a loved one has been injured in a construction zone accident, the traffic accident lawyers at Robert W. Kerpsack, Co., L.P.A. can help you. Please contact us today for a free case evaluation.

Ohio DOT Weighs Safety, Speed before Installing Traffic Lights

noreply@blogger.com (Dr. Candelaria) — Mon, 04 Jan 2010 21:48:00 +0000

In considering the decision to install a new traffic light--or remove an existing one--at an intersection, the Ohio Department of Transportation (ODOT) carefully weighs many factors. The most important factors are the smooth flow of traffic and ensuring the safety of motorists. Although any local or county government can request a traffic signal, ODOT will evaluate requests and only consider installation of traffic signals if the intersection meets one of eight different warrants that it considers necessary cause for a traffic light:

Eight-hour traffic volume ODOT compares the average relative volume of the major and minor streets for eight hours
Four-hour traffic volume as above, but ODOT studies a four-hour block
Peak hour traffic delays studies whether traffic on the minor street suffers unreasonable delay for a minimum of one hour of an average day
Pedestrian traffic volume studies whether pedestrians suffer excessive delay in crossing
School crossing studies the number of children crossing a street
Coordinated signal crossing studies whether a traffic light might be necessary to help other lights to function appropriately
Crash experience looks at the number of car accidents at the intersection
Roadway network management studies whether a traffic light will help to direct traffic to preferred roads

If any one of these warrants is satisfied, then ODOT will consider the installation of a traffic light, but not automatically put one in. ODOT points out that although some people think that traffic lights solve traffic problems, the lights may actually create new problems, such as

Excessive delay
Encouraging disobedience of "redundant" signals
Increased use of inferior roads to avoid traffic signal
Increased numbers of auto accidents

ODOT says that although some types of accidents, such as lateral or T-bone accidents, may be decreased, other types of accidents, such as rear-end accidents, may be increased by traffic signals.

If you or a loved one suffered a serious car accident at a dangerous intersection, your personal injury lawsuit may help highlight the danger and encourage ODOT to act. For help with your accident injury lawsuit, please call or email the personal injury lawyers at Robert W. Kerpsack CO., L.P.A., today for a free initial consultation.

2000 Injected with Bad Batch of H1N1 Vaccine in Dayton

noreply@blogger.com (Dr. Candelaria) — Wed, 23 Dec 2009 18:16:00 +0000

The Montgomery County Health District reports that some residents of Dayton, Ohio may need to be revaccinated after being injected with an ineffective batch of H1N1 vaccine. Residents who turned out for the clinic held December 17 at Showcase Cinema and received the vaccine before 5:30 will need to be vaccinated again. Apparently, the vaccine had been frozen, which renders the drug defective. Health officials are now contacting those who received the ineffective vaccine.

Officials say that this is not a safety issue, and that all people receiving nasal mists and those who got the vaccine after 5:30 should be fine, but others will need to be revaccinated.

Defective drugs may have dangerous side effects, or they may be ineffective for performing their stated purpose. If you received a defective drug and suffered serious health effects as a result, you may be able to receive compensation. Please contact the pharmaceutical injury lawyers at Robert W. Kerpsack CO, LPA today for a free case evaluation.

Turkey Fryers--An Unreasonably Dangerous Product?

noreply@blogger.com (Dr. Candelaria) — Mon, 21 Dec 2009 21:47:00 +0000

In recent years, some people have been trying a different method for cooking their turkeys for Thanksgiving and Christmas. Instead of the traditional oven-roasted turkey, some people are turning to turkey fryers to get a turkey that is crispy on the outside but juicy and tender on the inside. The only problem is that turkey fryers are dangerous, potentially deadly. Every year, dozens of people are hurt and numerous fires started by the use of this dangerous product.

Turkey fryers are considered so dangerous that the Underwriters' Laboratory has withheld its mark of approval from all models. Underwriters Laboratories, an independent product safety certification organization that has been operating since 1894, tests nearly every type of consumer product and puts its familiar UL safety mark on almost everything you use on a daily basis. The UL mark states that a product has been determined to be reasonably safe when used in a manner consistent with its labeling and instructions. Using products, like turkey fryers, that have been denied UL listing may put you in trouble with your insurance company. Some insurance policies may deny coverage on this basis.

If your home has been damaged or you or a loved one has been hurt by a dangerous product, or if you feel your insurance company has acted in bad faith by denying your claim, the product liability lawyers at Robert W. Kerpsack CO., L.P.A. may be able to help. Call or email us today for a free initial consultation and case evaluation.

Miamitown, Ohio Woman Killed in Crash with Motorcycle

noreply@blogger.com (Dr. Candelaria) — Tue, 15 Dec 2009 21:45:00 +0000

Most of the time, when an automobile and a motorcycle are involved in a fatal accident, it is the motorcyclist who is killed. Sometimes, though, a motorist is killed by the dangerous actions of a motorcyclist, as was the case for a Miamitown, Ohio woman recently. The woman was turning left into her driveway off Ohio Route 128, when a motorcyclist crashed into her door, killing her. The motorcyclist was thrown off the bike, but sustained only minor injuries, despite the fact that he was not wearing a helmet.

The man responsible for the motorcycle accident is currently being held on $250,000 bond to face charges of aggravated vehicular homicide. Based on evidence at the crash scene, sheriff's deputies say the man was riding his bike at nearly 100 miles an hour at the time of the accident. According to deputies, alcohol was probably a factor in the accident. According to eyewitness reports, the motorcyclist was performing stunts on his motorcycle just before the accident occurred.

If you have lost a loved one in a drunk driving accident, you may not know where to turn for help. The personal injury lawyers at Robert W. Kerpsack CO., L.P.A. may be able to help you get your life back together. Please call or email us today for a free case evaluation.

Lawsuits over Dangerous Drug Yaz

noreply@blogger.com (Dr. Candelaria) — Wed, 09 Dec 2009 21:43:00 +0000

Yaz is a relatively new oral contraceptive manufactured by Bayer, Inc, that has recently been associated with a higher risk of serious complications than other forms of oral birth control. Although all oral birth control pills carry with them an increased risk of dangerous blood clots, several studies have pointed to a few artificial hormones that carry a significantly elevated risk. The most recent study, a retrospective consideration of over 33 million woman-years including oral contraceptive users and non-users, was published in the British Medical Journal in August. The active ingredient in Yaz is one of the more dangerous synthetic hormones identified in the study and is known as drospirenone. Yaz is one of what are commonly described as "third generation birth control pills." Because of the elevated risk shown in these studies, some citizen's groups have asked that third generation birth control pills be banned.

Hundreds of women, most of them young and without previous health issues, have filed drug injury lawsuits against Bayer after experiencing blood clots, heart attacks, strokes, and pulmonary embolisms after using the drug.

Bayer has repeatedly been in trouble over Yaz. The company was reprimanded by the FDA for an ad campaign that overstated the drug's benefits, minimized its risks, and promoted the drug for unapproved uses. As a result, the FDA ordered Bayer to pull the advertisements and fund a $20 million counter-campaign to promote the truth about the drug. In addition, one of the manufacturing plants producing Yaz was found to be producing pills of varying quality. Some had much higher levels of drospirenone than others.

If you or a loved one has suffered a serious injury as a result of Yaz or another potentially dangerous drug, the pharmaceutical injury lawyers at Robert W. Kerpsack CO., L.P.A. can help. Please contact us today for a free case evaluation.

Dublin, Ohio Teens Killed in Car Accident not Wearing Seatbelts

noreply@blogger.com (Dr. Candelaria) — Thu, 03 Dec 2009 16:36:00 +0000

Saturday night two teenagers from Dublin, Ohio were killed in a car accident. The driver of the 2000 Toyota Solara lost control of the car, which struck the guardrail, rebounded and struck several trees on the other side of the road. The teens were not wearing their seatbelts and were ejected from the vehicle when it rolled over. They were pronounced dead at the scene. Because they were thrown from the car, it is not known whether the 18-year-old male or the 15-year-old female was driving the car at the time of the accident.

Of all the tragedies that may befall your family, losing your children in a car accident is one of the worst. When you are teaching your children to drive, teach them the importance of wearing their seatbelts. And it is just as important to model the behavior, using your seatbelt every time you get in the car. And remember that rural Ohio roads can be deceptively dangerous--with curves, hills, and numerous blind turns--drive carefully and make sure you all make it to your destination safely.

Unfortunately, even if you and your children do everything right, you or they may still be hurt by the negligence of other drivers. If you have been injured or have lost a loved one as a result of another driver's negligence, the car accident lawyers at Robert W. Kerpsack CO., L.P.A. can help. Please contact us today for a free consultation.

Drunk Driver Crashes Twice, Creates Power Outage in Erie County, Ohio

noreply@blogger.com (Dr. Candelaria) — Mon, 30 Nov 2009 21:23:00 +0000

A suspected drunk driver was blamed for two separate accidents, although fortunately he did not seriously injure anyone in addition to himself. A suspected drunk driver from Sandusky, Ohio was driving south on Ohio 101 when he rear-ended another vehicle. The driver and passenger in the other vehicle were not injured in the car accident. But they did see that the driver was probably drunk. They tried to pursue him to stop him, but they said he drove too fast. He swerved around them on the right side of the road, drove through a ditch, and struck a mailbox. After steering his car onto two different roads, the suspected drunk driver struck another mailbox, two evergreen trees, and two utility poles, knocking out power locally. Some houses in the area were without power for several hours.

The driver, who was not wearing his seatbelt, was seriously injured. When he was removed from the car to be taken by medical helicopter to St. Vincent Mercy Medical Center in Toledo, officers from the Ohio State Patrol said he reeked of alcohol, but no official charges were known at the time of writing.

In this situation the couple struck by the suspected drunk driver were very lucky. Drunk driving accidents can be dangerous or deadly. If you have been hurt by a drunk driver, the lawyers at Robert W. Kerpsack Co., L.P.A. stand ready to help you. Please contact us today for a free consultation.

Bad Driving May Have Genetic Basis

noreply@blogger.com (Dr. Candelaria) — Tue, 24 Nov 2009 19:23:00 +0000

According to a recently published study, some people are genetically predisposed to be worse drivers and probably more likely to be involved in car accidents. According to research performed by a neurology processor at the University of California, Irvine, a particular gene combination may make as many as 30 percent of all drivers worse than the rest.

The allele (gene variation) limits the availability of a protein known as brain-derived neurotrophic factor or BDNF. This protein is essential to optimal brain function, and it is secreted in particular brain areas to help the brain respond to the task at hand. In earlier studies, it was shown that BDNF affected the amount of brain a person could dedicate to any given task and how well a person recovered from a stroke, but this is the first time the BDNF allele was linked to performance ability of a complex task like driving.

Car driving was chosen because it was a common but complicated task. Drivers were tested to determine who had the gene and who did not and were asked to drive 15 times on a simulator of a difficult track. The test was performed again four days later. When the results were compared, drivers with the BDNF-reducing allele were consistently worse at staying on the track by about 20 percent.

At this point, blood tests or other genetic tests are not a routine part of getting a car insurance policy or determining who is at fault during a car accident. It has not yet been shown, either, that a reduced driving ability is not compensated for by other behaviors like defensive driving, making these drivers no more likely to be involved in a car accident than others.

If you or a loved one has been hurt in a car accident in Columbus, Ohio by a negligent or poor driver, the personal injury lawyers at Robert W. Kerpsack, L.P.A. can help. Please contact us today to learn about our free initial consultations.

Ohio Propane Truck Crashes, Explodes in Indianapolis

noreply@blogger.com (Dr. Candelaria) — Wed, 18 Nov 2009 19:19:00 +0000

As a vital hub for trucking, many truck companies operate out of Ohio, and they are bound to have accidents, but the end of October was bad for Ohio trucking companies. The fatal accident in Georgia involving a Dutch Maid Logistics truck resulted in a charge of vehicular homicide. And a Propane Transport International and Amerigas Propane, L.L.C. truck out of Lima, Ohio, hit an overpass and exploded. Exactly how this occurred is unclear. Witnesses describe the truck tipping over before exploding.

The flames from the tanker truck engulfed several nearby vehicles, and four people, including the truck driver, suffered burn injuries and other types of injuries. Although there was fear that the explosion and fire had damaged the interchange where it occurred, crews inspecting the site concluded that the exchange should be able to be reopened quickly. At this point, there have been no charges against the driver, or even a publicly released explanation of this dangerous truck accident.

If you have been injured or lost a loved one in a truck accident, the Columbus, Ohio personal injury lawyers at Robert W. Kerpsack, L.P.A. stand ready to help you. We can stand up for your rights against trucking companies whose drivers may have caused your accident. To learn more, please schedule a free initial consultation today.

Engineer Says Owners of Kings Island in Mason, Ohio Knew Son of Beast Was Flawed

noreply@blogger.com (Dr. Candelaria) — Fri, 13 Nov 2009 21:09:00 +0000

A forensic engineer who was called on to testify in a premises liability lawsuit testified that owners of Kings Island in Mason, Ohio knew since 2000 that Son of Beast had problems, and that these problems were partly responsible for a 2006 accident that injured 27 people. A structural failure created a bump in the section of the track known as the Rose Bowl.

According to the engineer, park owners knew right away there was a problem because the ride was swaying too much, a fact he attributed to the use of inferior wood for the ride's construction. The ride was closed several times and its owners attempted to build additional supports into the ride, but even this was problematic.

The then-owner of Kings Island, Paramount Pictures, fired the roller coaster manufacturer, Roller Coaster Company of Ohio, before the ride was opened. The final construction and subsequent repairs of the ride went on without the ride's designer and without computer simulations necessary to know what effects the repairs would have on the roller coaster as a whole. Investigators encouraged the park's new owners to obtain modeling software to ensure the repairs following the 2006 accident were undertaken appropriately, but at this point no information is available about whether the owners did so or not.

If you have been hurt in an amusement park or other place of business, please call or email the premises liability lawyers at Robert W. Kerpsack Co., L.P.A. today for a free consultation.

Deer-Related Accidents in Ohio Most Common in November

noreply@blogger.com (Dr. Candelaria) — Mon, 09 Nov 2009 20:28:00 +0000

The deer population in Ohio is high, and as a result so are deer-related accidents. In fact, according to statistics released by a major auto insurer, Ohio has the fourth highest number of deer collisions in the country. And most deer accidents--as much as a quarter of the total number--occur in November. As a result, the Ohio Department of Insurance reminds drivers of the following tips for avoiding or reducing the severity of deer-related accidents.

Drive with Caution at or below the speed limit
The times of greatest risk are between sunset and midnight and around sunrise
If you see one deer, others are nearby
Use high beams when appropriate to help you see and avoid deer
When an accident seems likely, keep control of your vehicle. Brake firmly and stay in your lane--swerving to avoid a deer may lead to a more serious accident.

And don't forget to report any deer-vehicle collisions to law enforcement or a state wildlife officer within 24 hours. This can also allow you to take possession of the deer carcass.

If you were involved in a deer-related accident and are having trouble with another driver or with your insurance company, the auto accident lawyers at Robert W. Kerpsack CO., L.P.A. can help. Please schedule a free case evaluation today.

Burlington Northern Santa Fe Corporation Accused of Covering Up Railroad Accident

noreply@blogger.com (Erica) — Tue, 03 Nov 2009 19:49:00 +0000

A judge has awarded families an additional $4 million to the families of four victims killed when their truck was struck by a train at a railroad crossing. Burlington Northern Santa Fe (BNSF) Corporation claimed that the railroad accident was caused by the car driver, who, in the words of the railroad, ignored the crossing signal and tried to beat the crossing gate. However, both a jury and a judge decided that the accident was the fault of BNSF because the crossing gate wasn't working properly.

The jury found that the railroad was 90 percent responsible for the accident. The judge found that the railroad company intentionally lost or manufactured evidence, interfered with investigation of the accident, and made false or misleading statements to conceal the malfunctioning crossing gate. Although the railroad attempted to explain away its alternate versions of the facts in terms of innocent mistakes or mere accidents, the judge was convinced that BNSF had attempted a systematic misrepresentation of the events. Although the award is far short of the $45 million requested in punitive damages, it is still a significant deterrent to other corporations that might seek to protect themselves by concealing evidence.

To protect its case, the railroad lost or destroyed a computer disk that recorded data about the circumstances of the crash. A laptop that contained the data was also destroyed. The railroad also failed to reveal that it had previously known about problems at the crossing. The railroad also destroyed documents related to work done on the track at the crossing.

A personal injury lawsuit is often about more than damages to help cover your personal loses or compensate you for losses. It is often about telling the truth about accidents when powerful voices are speaking lies. In court, you have the power to be heard and to expose the misconduct of corporations and individuals, no matter how powerful.

If you have been hurt in a railroad accident or any other accident, the personal injury lawyers at Robert W. Kerpsack, L.P.A. can help you tell your story. Please call or email us today for a free initial consultation.