A spokesman said that compared to the airline industry the cruise ship industry death rate is lower.  Even if true, we  have been sailing for centuries and we should have figured it out by now.  And although I would never say the sea is without peril, it somehow seems wrong to me to compare a vessel cruising on the earth’s surface at a relatively slow speed to an aircraft hurtling through the air at a high rate of speed.  Plus, what is the ratio of cruise ship operations vs. airline operations and what is the total number of ship passengers vs. airline passengers on any given day?

The comment that was especially offensive was the one that came close to calling the ship’s evacuation successful by saying that “almost all of the 4,000 people onboard the ship got away … safely…But in the scale of the event, the evacuation was achieved.” “Almost all” is not good enough—not this close to shore, or anytime. The fact that “almost all got away” is not the measure for a safe, efficient evacuation. Passengers are not supposed to just “get off” from a ship in distress. They are supposed to be evacuated safely and orderly by the crew. The crew of this ship, without its Captain, failed in providing this most basic of services.

This is an industry with even bigger boats and even bigger profits.  This will happen again and will be worse unless the industry and government address these issues.

Any night approach to landing crash in which an aircraft crashes short of the runway leads to concerns about “spatial disorientation.”  This can be caused by lack of light in remote areas which causes pilots on visual flight rules (VFR) flights—meaning not being directed and monitored by Air Traffic Control and flying by instruments—to lose reference to visual cues which keep them safe.  If this happens, a pilot can become disoriented and lose his or her ability to fly the aircraft safely.

Also to be investigated is whether the aircraft sustained some sort of mechanical problem that caused the aircraft to lose power.  The NTSB will be looking at potential engine mechanical problems.

Another consideration is some type of control malfunction which prevented the pilot from being able to control the aircraft.  The NTSB will look at all control linkages, pulleys and cables.

Another potentiality is fuel exhaustion.  It is not inconceivable that after a long cross-country flight the aircraft could have run out of fuel.  The NTSB will be checking departure airport records and any en route stops to see if the aircraft took on fuel and, if so, how much.

The degree of damage seen on aerial photographs initially indicates an impact with considerable force which could indicate powered flight.

James T. Crouse
CROUSE LAW OFFICES
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Here is a picture of me with Janette and with Raleigh North Carolina lawyers Beth Leone Noble and Jennifer Seate.  Beth, Jennifer and I are determined to bring Janette’s message to the entirety of North Carolina—and maybe Janette herself—so look for future announcements on this important safety message.

By the way, we recently learned of Safe Kids North Carolina, the North Carolina Chapter of Safe Kids USA,  which addresses all areas of child safety.  We encourage you to visit all of these web sites and get the word out to your schools, civic organizations, neighbors, churches, and work places—anywhere the word might save a life.

We’ve all heard of these unthinkable horrors—when children are run over in their own driveways, usually by a member of their own family. Janette told us not only about back overs but also about front overs, both of which are caused by blind spots in the front and rear of the vehicles. These blind spots can reach as much as 60 feet.

Janette has done something about this. Her organization is not only the first organization to recognize the dangers of what is generally an unknown and ignored problem, but she collects data to present to legislatures and other organizations to bring attention to the tragic loss of the lives of our children caused not only by these types of events, but also in such things as children left in cars where they can die because of heat stroke.

Her efforts have produced legislation which will require back-up camera on all vehicles—a worthy requirement. This is not her first “win” for safety. Following a terrifying kidnapping in her own family, she succeeded in convincing the government and the automotive industry that trunk entrapment was a real problem. This resulted in federal legislation that now requires a “glow-in-the-dark” internal trunk release being required in all cars produced in the US after September 1, 2001.

At this same conference were two terrific North Carolina lawyers, Beth Nobel and Jennifer Seate, also from Raleigh. These attorneys have their hearts and minds in the right place, not only representing people who have been hurt, but also understanding and believing in the importance of safety so that people won’t be harmed.

Those of us at Crouse Law Offiecs, along with Leone, Nobel and Seate, want to be Janette’s “troops on the ground” in North Carolina to carry the KidsandCars message throughout our state. Log into our websites for news about our future efforts in this vital crusade and to see how you can help save our children visit Kidsandcars.org. It is our goal that no other child be harmed by these wholly preventable events.

Her mother has filed a lawsuit against the Bayer Healthcare Pharmaceuticals and hopes by publicizing what happened to her freshman daughter will keep another family from having to go through the same tragedy.

The lawsuit claims YAZ is a dangerous prescription drug sold without proper warnings of the risks of serious and fatal injuries.  It claims YAZ poses a greater risk of serious side effects than previous generations of oral contraceptives because it contains the hormone drospirenone.  Last month the British Medical Journal published two studies which found drugs containing drospirenone increased the risk of serious blood clots 2-3 times that of earlier-generation oral contraceptives.

Although Bayer contends these side effects are rare, the official website for YAZ does warn of “increased risks of several serious side effects, including blood clots, stroke, and heart attack.”

On April 11, Governor Chris Christi signed legislation that will hopefully eliminate this lengthy delay before next of kin are notified when there has been a serious accident. “Sara’s Law” will establish a next-of-kin registry that will provide authorities with immediate access to contact information when a family member is involved or injured in a motor vehicle accident. It will go into effect in 18 months.

New Jersey is now the 7^th state to have this procedure, along with Florida, Ohio, Illinois, Indiana, Colorado and Delaware.

Safeguards are in place to protect against unauthorized access and emergency contact information will not be subject to public disclosure.  Any New Jersey driver’s license or non-driver identification holder has the opportunity to voluntarily participate by submitting the name and telephone number of two emergency contact persons to the state Motor Vehicle Commission.  By lowering the age which a non-driver identification card can be obtained from 17 to 14, the law expands the number of teenagers eligible to participate.

“As the father of four children, I know first-hand that it is a parent’s natural instinct to protect their child from harm and to be with that child in their time of need,” Christie said Monday. “My heart goes out to the Dubinins for their terrible loss. By signing Sara’s Law, we are putting a commonsense process in place to ensure a family facing the terrible difficultly of a child in harm or danger is not further strained through notification that is delayed or too late.”

The bolt was protruding from the drive shaft of an auger-like post-hole digger and her arm wrapped around the digger when the pocket was caught on the bolt, resulting in the loss of her arm in 2004 when she was only 16-year-old.

The jury cited the manufacturer of the digger, Ford New Holland (now known as Case New Holland) for selling a defective product.   The bolt that caught on the girl’s coat was supposed to be covered by a shield, but the shield broke under normal use and was removed by Peter A. Smith, the owner of the digger, in 1999.  The lawsuit alleges the shield was always inadequate and there is nothing to support the fact it was ever tested.

The jury placed 35% of the blame on Case New Holland and 30% each on Peter A Smith, the  owner of the digger and the person who loaned the digger to the stepfather, and on SMC Corp. from Sioux Fall, S.D., the company who assembled the digger.

Products are often made carelessly, designed without using the most appropriate design standards, are haphazardly tested, or have insufficient instructions, warnings or labels. This includes products around the home.

Personal injury cases involving defective products often involve serious injury and permanent disability. A qualified and experienced personal injury lawyer is needed to make sure you receive the maximum compensation for your loss.

This knowledge has been supported by North Carolina lawyer Cliff Britt’s research from the New England Journal of Medicine:

1. A recent article in the New England Journal of Medicine shows that 4,000 patients die and 5,700 patients are permanently injured in NC hospitals EVERY YEAR because of preventable medical mistakes.
2. The number of medical malpractice lawsuits filed in NC has decreased over the last few years – WITH NO “REFORMS.” In 2007-09, the annual average of malpractice filings was 465 – which was 22.5% lower than the annual average in the preceding nine years.
3. The annual number of malpractice lawsuits (465) is less than 5% of the 9,700 patients killed or permanently injured every year because of medical malpractice. In other words, only 1 in 20 patients who are severely harmed by a preventable medical mistake files suit.
4. While the number of malpractice lawsuits has been DROPPING, the number of doctors in NC has been INCREASING. Between 1998 and 2008, the total population in NC grew by 18%, while the physician population grew by 29%. Your statement that doctors are fleeing our state is simply not true.
5. NC juries are reasonable in awarding damages. In the 54 malpractice cases in which the patient won at trial and obtained a verdict on damages from 1998-2009, the median jury award was only $320,000.
6. Medical malpractice premiums for NC doctors have decreased, while the malpractice insurance companies have made record profits.
7. The average liability premium for internists, general surgeons and OB/GYNs in 2010 was 15% lower in NC than in states with caps on damages. ($37,150 vs. $43,647)

Cliff added, convincingly: There is a problem in NC, but it’s not a problem with the patients, nor is it a problem with their lawyers. The problem is 9,700 patients severely harmed each year because of preventable medical mistakes.

It’s even worse than that. Last night, on ABC News, a story aired that quoted the Health Affairs blog which said that hospital errors occur in ONE-THIRD of hospital admissions, more than TEN time what was previously thought. The ABC report and the Health Affairs sites both give heart-wrenching examples of how people were hurt by these errors—wrong limb operations, mix up in drug applications, etc., which cause serious injuries and death.

At Crouse Law, we are not interested in demonizing people who work at hospitals. Most hospital errors are made by people trying to do the right things—at least one would hope. But the hospital systems obviously need more checks and balances. These are wholly preventable errors.

We do, however, criticize legislatures which aim and shoot at the wrong target—people harmed by this malpractice. Did they ever think that if the medical mistakes were prevented it would mean no more harm to people? Shouldn’t that be their goal—protection of citizens’ welfare? If they were to deal with the real problem, and not perceived problems, litigation would take care of itself.

What’s better, ending the cause of the harm, or trying to limit recoveries for the harm? Ask yourself, would you prefer not to be injured, or would you rather receive payments from the hospital or its insurance company for your injuries?

Simple, isn’t it?

According to the Chicago Tribune, the 10-year-old died from smoke inhalation the day following the fire and the grandparents were in comas for months with severe burns.  They are now disabled from their injuries.

The lawsuit states the windows in their second floor apartment were not able to be opened either because they were designed that way or they were sealed or painted shut, leaving the three people no way to escape the fire.

The fire started when a man with a mental disorder andwho lived in their building passed out with a lit cigarette.

The lawsuit states the landlord should have ensured the windows would opened and should have cautioned them about their neighbor who has a history of starting fires.

The landlord claims the apartment complied with city codes and had passed inspection.

It has now been confirmed that the National Weather Service reported heavy fog in the area at the time, with visibility as low as a quarter-mile. The pilot spoke with air traffic controllers (ATC) and was routed to PTI via “radar vectors,” which means she was directed to the bigger airport every step of the way by air traffic controllers.

In the air traffic control recording the pilot of Air Logistics 569 (AirLog 569), after receiving the 100-foot ceiling weather, is heard that it (the weather) wouldn’t help much. After that, the pilot discussed holding—which means waiting for the weather to clear—with the air traffic controller. The air traffic controller told her that everyone was getting into Greensboro—no “go-arounds”—then the pilot of Air Log 569 agreed try an approach. The controller then guided the aircraft to an instrument approach to runway 5 left. AirLog 569 was cleared to 3000 feet, and then was cleared for the ILS Rwy 5L approach 9 miles from Cives, which is 4.7 nm miles from touchdown. AirLog 569 was instructed to maintain 3000 feet until established on the approach.

Fifty seconds after this, the controller contacted the Air Logistics aircraft saying that it had flown through the localizer course, and the pilot responded that the aircraft was coming back to the course. Approximately two minutes later, ATC cleared AirLog 569 to land on Rwy 5L. Just over a minute later, called AirLog 569 to advise it of a low altitude alert and the pilot responded that they were going around. The controller issued go-around instructions.

ATC tried several times after this to contact AirLog 569 but there were no responses.