Articles Posted in Wrongful Death

Many questions have arisen since the outbreak of Legionnaires’ disease among visitors to the North Carolina Mountain State Fair held at the NC Agriculture Center in Buncombe County. Some questions surrounding the outbreak are related to the health risks associated with the disease, and other questions concern legal issues. The N.C. Department of Health and Human Services reported there were 97 confirmed cases and one death associated with the outbreak at the fair as of October 1 and officials continue the investigation to determine the cause of the outbreak.  The outbreak legionnaires1-300x300has affected people in 16 North Carolina counties and 6 cases have been reported in South Carolina.  The highest number of cases have reported in Buncombe and Henderson counties.

I remember when Legionnaires’ disease first hit the news in 1976 when a large group of American Legion members staying in a hotel in Philadelphia contracted a mysterious disease. Over 180 persons contracted the condition, and 29 died. Ultimately, it was diagnosed as a type of pneumonia that was spread by contaminated water vapor in the hotel HVAC system. Dubbed “Legionnaire’s Disease,”  the illness occurs with some regularity.  It is not spread by person to person contact; instead the bacteria thrives in warm water and is spread by breathing in aerosolized water. The bacteria thrives at 95 degrees F and can be found in hot water tanks, cooling towers, and evaporative condensers of large air conditioning systems, and evaporative coolers, among other places.

Symptoms of Legionnaires’ disease include chills, cough, fever, shortness of breath, diarrhea, and vomiting. Persons experiencing those symptoms should contact their health care provider immediately and talk to them about Legionnaire’s disease. Urine testing can confirm the presence of legionella, the bacteria known to cause the diseases. Symptoms typically appear within 2-14 days after fair attendance, and the condition is typically treated with antibiotics.

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Tragically, there are work-related deaths in NC.  What if your husband or wife dies in a work accident or from an occupational disease?  In the sad event, an employee dies from injuries sustained at work, there are rules which govern the compensability for the dependents/beneficiaries of the deceased.  The State does have provisions for widows and widowers or other dependents of the person killed at work.stockfresh_8850471_woman-with-lily-flowers-and-coffin-at-funeral_sizeM-300x200

A death claim is different from the claim the injured worker had while he or she was alive.  The death claim is brought in the name of the person(s) entitled to benefits.

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Grimes Teich Anderson is reviewing claims focusing on potential cases for people regularly exposed to Roundup as part of their work, such as landscapers, lawn and garden workers, and golf course maintenance personnel who sprayed Roundup for ground maintenance.

stockfresh_8936388_close-up-of-crop-sprayer-against-twig_sizeS-300x200A jury in Superior Court of California in San Francisco deliberated for three days before ordering agricultural giant Monsanto to pay $289 million in damages to a former school groundskeeper who claimed his cancer was caused by the company’s weed killers, such as Roundup, The New York Times reported on August 10, 2018. According to the Times, the case of 46-year-old Dewayne Johnson was the first lawsuit to go to trial alleging that Roundup and other glyphosate-based weed killers cause cancer.

Bloomberg reported that Johnson “mixed and sprayed hundreds of gallons of Roundup,” and his exposure included incidents in which he was “soaked from head to toe” in the herbicide. Johnson worked for the Benicia Unified School District and was diagnosed with cancer in 2014. He was given six months to live by his oncologist in July 2017 after chemotherapy and other treatments.

Road accident crash damaged car or wreck broken vehicle with used airbag

If you are a passenger in a car accident, it can be a confusing and stressful situation, especially if you are seriously hurt. You know the accident was not your fault, but whose insurance coverage is responsible for paying for your medical bills and other expenses you incur because of the crash?

Filing a Claim Against the Driver’s Insurance

The summer months are peak vacation time. This means that more tourists are in town, and more pedestrians and cyclists can be seen on crosswalks, sidewalks, and bike lanes. According to the U.S. Department of Transportation, nearly 54% of car accidents happen during the spring and summer months. Pedestrian and bicyclist fatalities amount to about 16 percent of all traffic fatalities.

Some of the most catastrophic types of traffic accidents happen when a motorist hits a pedestrian or a bicycle. Without the protection of being in a car, a pedestrian or a cyclist can easily suffer devastating injuries in a crash.

Bike Traffic Laws

As the parent of a teenager, you likely have concerns about their ability to operate a vehicle safely when you are not in the car. Teenagers often feel that they are ready for the freedom that having a drivers’ license can give them, but parents often worry that their kids do not have the maturity, skill, or experience to protect themselves and others from harm on the roads.

Fortunately, there are steps you can take as a parent to help your teen be a safer driver. Here are some suggestions:

Step #1: Set a good example.

For your teen to be a safe driver, you should make sure to set a good example of safe driving habits. A parent who drives aggressively or impatiently, tailgates, or speeds will have a harder time convincing their teen to practice patience behind the wheel. Be a good role model for your teen!

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As a parent, selecting the right car seat is one of the most important purchases you will make for your child. Choosing the right seat for your vehicle and your child’s age and size is critical to protecting them from harm in the event of a collision.

According to statistics from the National Highway Traffic Safety Administration (NHTSA), child restraint systems saved the lives of 6,567 children from 1975-2002. A secure and properly installed car seat can make all the difference when it comes to protecting your child from harm when you are in a collision while they are in the vehicle.

The following are some helpful tips for selecting the right car seat for your child.

  1. Read Your Owner’s Manual

There are many different types of car seats on the market made by different manufacturers. Be sure to read your vehicle’s owner’s manual to find out how car seats may be installed. Some vehicles have lower anchors and tethers, while others require installation using the seat belt. Continue Reading

Consistent with the Trump administration’s overall effort to curb the growth of the federal government, the number of federal workplace safety inspectors from the Occupational Safety and Health Administration (OSHA) has decreased over the past year. According to an NBC News report, OSHA has lost 40 inspectors through attrition since President Donald Trump took office – 4 percent of the total inspection force, with no new hires as of Oct. 2, 2017.

The decline in total inspectors to below 1,000 raises questions of how effectively the agency can inspect workplaces, enforce federal safety requirements, and reduce workplace accidents. While this decrease in federal bureaucracy extends across a number of federal agencies, the lack of OSHA inspectors could have a real impact on workplace safety, especially in more dangerous work environments like construction, manufacturing, and meatpacking.

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Many products are advertised and promoted to men to boost their testosterone levels. While testosterone therapy may sound appealing for its promised increase of testosterone in older men, there are numerous downsides to the treatment that can have moderate to severe and potentially long-term lasting effects.

An article titled “The Risk of Testosterone Replacement in Men” published by the National Center for Biotechnology Information reported that testosterone replacement therapy (TRT) “has been linked with prostate cancer” and advised that such therapy should be taken with caution. The occurrence of polycythemia, or elevated red blood cell count, is also increased for those who undergo TRT. Finally, the article reported that men who seek the treatment are found to suffer more frequently from obstructive sleep apnea (OSA).

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Drunk driving-related incidents spike on Super Bowl Sunday according to the National Highway Traffic Safety Administration, and an analysis by another group reports that “states and regions with a team in the game can see drinking violations that are double or even triple the norm.”

Ultimately, it is the responsibility of every individual to make smart choices during Super Bowl parties. This means paying attention to how much alcohol you consume at parties and making safe decisions when it comes to transportation. With popular ridesharing services like Uber and Lyft operating in many areas of North Carolina and South Carolina, there is no excuse for drinking and driving. If you live in a location that doesn’t have Uber or Lyft, a taxi or a designated driver are still dependable and safe choices that should be relied upon if you plan to drink during the holidays.  The NHTSA also has a SafeRide app which identifies your location so you can get a taxi or friend to pick you up and give you a ride home.

If you are hosting a party, it is important to consider the safety of your guests and the safety of others on the road. Make sure to watch how much alcohol your guests are consuming at your event, and take the keys away from anyone who has had too much and tries to drive themselves home. By letting people stay at your home or finding them a safe ride home through an Uber, Lyft, taxi, or sober ride, you can ensure the safety of your friend and countless others who are on the road.

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