>>MORE INFO: Brain Injury Lawsuits

This month, the U.S. Centers for Disease Control and Prevention (CDC) is urging parents, coaches and school officials, as well as athletes, to become more proactive in reducing the risk of concussions among youths playing sports to reduce the risk of traumatic brain injury. Over the past year, the CDC has used online training and video to educate about 200,000 coaches. Its youth TBI campaign is called Heads Up to Schools: Know Your Concussion ABCs.

Concussions are a form of brain injury, which is one of the leading causes of death and permanent disability worldwide. The CDC estimates that the U.S. sees 1.7 million traumatic brain injury-related deaths, hospitalizations and emergency department visits each year. About 135,000 of those traumatic brain injury emergency room visits are sports or recreation related.

It is equally as important to recognize the signs of a potential brain injury following auto accidents, falls or other incidents. Symptoms of a traumatic head injury may vary depending on the severity of the brain injury, but could include:

• Headache, Vomiting, Nausea
• Lack of Motor Coordination
• Dizziness, Difficulty Balancing, Lightheadedness
• Blurred Vision
• Ringing in the Ears
• Bad Taste in the Mouth
• Convulsions
• Changes in Sleep Patterns
• Slurred Speech

The CDC recommends seeking immediate medical attention when someone suffers a blow to the head and then experiences a headache that gets worse and does not go away; weakness, numbness or decreased coordination; repeated vomiting or nausea; or slurred speech. Other signs that someone should see a health care professional include excessive drowsiness, having one pupil larger than the other, convulsions or seizures, an inability to recognize people or places, confusion, unusual behavior and loss of consciousness.

Children, in addition to the above symptoms, should be taken to an emergency department immediately if they will not stop crying and cannot be consoled or will not nurse or eat.

BRAIN INJURY ATTORNEYS

If you, a friend or a family member has suffered a traumatic brain injury due to the negligence of another person or company, you should have an attorney review your case. Potential brain injury lawsuits are reviewed by our law firm on behalf of individuals who have suffered a head injury caused by another person’s negligence. To review a case, request a free consultation and claim evaluation.

>>REVIEW A POTENTIAL CARNIVAL SPLENDOR LAWSUIT<<

Our Carnival Splendor cruise ship lawyers have already spoken with several passengers who were left adrift at sea for about four days. Passengers have reported that they were not fully informed about the problems on the ship, breathed smoke and other fumes for days, were provided little food or water and suffered from panic attacks, fear and fright as a result of this situation, which may have been preventable. In addition, many passengers have suffered economic loss as a result of the ruined vacation and lost wages.

Following the Carnival Splendor fire on November 8, 2010, the cruise ship was left without operable toilets for a period of time and no air conditioning to circulate the air, resulting in foul smells throughout the ship. Passengers had to wait in line for hours to obtain limited food and liquids. Black smoke filled many of the hallways following the fire, and passengers were exposed to the fumes until they reached port on November 11 and were able to leave the ship.

While Carnival Cruise Lines has indicated that they will reimburse passengers for the cost of their ticket and other resulting travel expenses, and has given them a voucher for a free cruise in the future, passengers may be entitled to additional compensation through a Carnival Splendor lawsuit.

CARNIVAL CRUISE SHIP LAWSUITS

To review a potential claim for yourself, a friend or family member, request a free consultation and claim evaluation. All lawsuits for Carnival Splendor cruise passengers are reviewed under a contingency fee, which means that there are no fees unless a recovery is obtained.

>>CONTACT A CRUISE SHIP LAWYER ABOUT A CARNIVAL SPLENDOR LAWSUIT<<

>>INFORMATION: Product Liability Lawsuits

According to an analysis by Bloomberg News, there was a 52 percent increase in the total value of the top five product defect lawsuit verdicts of 2009, when compared to the previous year. The verdicts seem to indicate that jurors are more inclined to take the side of their fellow citizens amidst the pain of the economic recession, the blame for which many people lay at the feet of Wall Street and big business.

Among the largest jury awards in product liability lawsuits last year that were identified by Bloomberg, were two losses by Pfizer over its hormone replacement therapy drug, Prempro. Pfizer was hit with a combined punitive damage award of $103 million in two Prempro lawsuits, in which women claimed that the drug maker intentionally hid the risk of breast cancer, putting profits before the safety of consumers.

The lawsuits may be just the start of Pfizer’s Prempro woes, with more than 9,000 other hormone replacement therapy lawsuits pending against Pfizer’s Wyeth subsidiary. All of the lawsuits involve allegations that women developed breast cancer as a result of the company’s failure to adequately warn consumers and the medical community about the risks associated with hormone replacement therapy.

In another major lawsuit highlighted in the Bloomberg analysis, jurors hit Altria, a Virginia tobacco company that owns Phillip Morris, with a $300 million verdict in a lawsuit by a former smoker who developed cancer. The lawsuit included $244 million in punitive damages; the largest punitive damages award in 2009.

Overall, five of the 50 largest court verdicts in 2009 nationwide concerned allegedly defective products, compared to only one such case which made the top 50 in 2008.

The verdicts reflect a souring mood of the public toward big business, and hopefully these verdicts are being looked at by corporate executives. Consumers are angry with corporate America, and these large verdicts are likely to continue if companies do not start recognizing that they can not place consumer safety at risk to generate additional revenue for their bottom line.

PRODUCT LIABILITY LAWYERS

The product liability lawyers at Saiontz & Kirk, P.A. investigate potential claims for severe injuries caused by dangerous and defective products throughout the United States. If you, a friend or family member suspect that you may have a claim, request a free consultation and claim evaluation.

>>PRIOR POST (8/4/2009): Yamaha Rhino Safety Problems:
Coverage on CBS Evening News

Here is the video of the Yamaha Rhino segment that aired on CBS News on Tuesday, August 4, 2009:

Watch CBS Videos Online

The CBS investigative report went through evidence that demonstrates just how unstable and dangerous the Yamaha Rhino ATV is. Video footage showed vehicle after vehicle tipping over, and while many involved people engaged in unsafe behavior, others, such as footage from a dealership where the vehicles were being moved from one place to the other, shows the vehicle tipping during a slow turn on flat and paved ground.

CBS News also reported that even the president of an American subsidiary of Yamaha, Keisuke “Casey” Yoshida, experienced a Rhino rollover accident in a prototype in 2002. Coming off a hill onto flat ground, his vehicle tipped over, injuring the foot of Ike Miyachi, president of Yamaha France, and then-vice president in charge of the vehicle’s development.

Yamaha’s response can be found on their website, www.TruthAboutRhinos.com, which was launched earlier this year in response to the growing safety concerns surrounding the ATV and reports of rider deaths and serious injuries in rollovers. They portray the information aired by CBS as “inaccurate, incomplete and false,” concluding:

Yamaha stands firmly behind the Rhino and will continue to vigorously defend the product against baseless claims and distortions, whether they be from plaintiffs’ law firms or biased, inaccurate media reports parroting these lawyers’ claims. The Rhino is a safe and useful off-road vehicle when driven responsibly by licensed operators aged 16 or older and according to the instructions and warnings in our on-product labels, owner’s manuals, and other safety materials.

Comparing the picture of the Rhino Yamaha is attempting to portray in their response statement to the commercials they aired while marketing these vehicles, it seems as though they are talking about two different vehicles. The ATV featured in the commercials is shown taking rocky, dry riverbeds, inclines and hilly terrain with ease, adding new words to the English language, like “terrainability.” However, in response to the reports of Yamaha Rhino rollovers, they explain that the incidents must have been caused by horse play, unsafe driving or adding parts and accessories to the ATV.

Rather than taking responsibility for the safety problems with the Yamaha Rhino, they are attempting to ignore the overwhelming evidence that there is something inherently unsafe about their ATV. This report was not a case of bad publicity orchestrated by plaintiffs lawyers, just ask any of the hundreds of victims who suffered devastating injuries or lost a loved one after a Yamaha Rhino accident.

YAMAHA RHINO ATTORNEYS

The attorneys at Saiontz & Kirk, P.A. are reviewing potential Yamaha Rhino accident lawsuits on behalf of individuals who have been injured throughout the country. While not every rollover or injury suffered while riding in a Yamaha Rhino is caused by the vehicle’s design defect, in many cases reasonable alternative designs or safety features could have prevented catastrophic or fatal injuries.

To review a potential case for yourself, a friend or family member, request a free consultation and claim evaluation.

According to a promotional preview statement posted on the CBS news website:

It’s one of the country’s most popular off-road vehicles, linked to a disturbing number of injuries and EVEN deaths. So why are there no government standards to regulate it? An EXCLUSIVE CBS News Investigation.

The following video was also posted at CBSNews.com, showing an April 2006 Yamaha Rhino accident that occurred at a Yamaha dealership in Liberty, Missouri. The video shows the Yamaha Rhino tip over as it is making a turn at a slow speed on flat pavement.

Watch CBS Videos Online

(Via John Sand, who has run the website www.yamaha-rhino-information.com since he lost his daughter in a 2007 Rhino accident.)

UPDATE: Here is the full CBS News Yamaha Rhino story that aired:

Watch CBS Videos Online

YAMAHA RHINO ATV LAWYERS

The accident lawyers at Saiontz & Kirk, P.A. represent individuals throughout the United States who are pursuing Yamaha Rhino ATV lawsuits over severe injuries that were caused by design defects with this ATV. To review a potential claim, request a free consultation and claim evaluation.

>>INFORMATION: Dog Bite Lawsuits

Children between 5 years old and 9 years old, people with multiple dogs in their home and adult males are identified by the CDC as the most likely to suffer a dog bite.

Approximately one in five dog bite attacks result in personal injury requiring medical attention and more than 31,000 people had to undergo reconstructive surgery in 2006 after a bite. Scarring and fractured bones are uncommon injuries, with many victims of dog bites left with a permanent injury and deformities, even after plastic surgery.

The CDC outlined a number of preventative measures that may decrease the risk of a childhood dog bite, recommending that parents regularly review the following safety tips with their children:

• Do not approach an unfamiliar dog.
• Do not run from a dog or scream.
• Remain motionless when approached by an unfamiliar dog.
• If knocked over by a dog, roll into a ball and lie still.
• Do not play with a dog unless supervised by an adult.
• Immediately report stray dogs or dogs displaying unusual behavior to an adult.
• Avoid direct eye contact with a dog.
• Do not disturb a dog that is sleeping, eating, or caring for puppies.
• Do not pet a dog without allowing it to see and sniff you first.
• If bitten, immediately report the bite to an adult.

To reduce the risk of a dog bite injury in your own house, the CDC recommends that the following steps be taken before a dog is brought into a household:

• Consult with a professional to determine what breed of dog would best suit the home.
• Avoid dogs known to be aggressive, particularly in homes with children.
• Spend time with the dog before buying or adopting it.
• Never leave infants or young children alone with a dog.
• Do not play aggressive games with the dog.
• Properly train and socialize a dog being brought into the home and teach it submissive tendencies.
• Seek immediate professional advice if the dog’s behavior turns aggressive or undesirable.

Interestingly, the CDC Dog Bite Prevention website page fails to discuss the steps that responsible dog owners should take to protect others from their animal, especially if they know that a dog has a tendency to bite, chase, attack or act aggressively. In addition to the recommendations made by the CDC, which focus on steps a potential victim can take to reduce the risk of a bite, dog owners should:

• Make sure that their animal is adequately restrained in public and when visitors enter the home.
• Take steps to ensure that a dog is unable to wander free by securing the animal to a lead or having adequate fencing.
• Always keep their dog on a leash in public and make sure you are able to adequately control the animal.
• Warn any visitors in your home about the presence of an animal and provide information about any propensity to bite or act aggressively.

DOG BITE ATTORNEYS

The personal injury attorneys at Saiontz & Kirk, P.A. represent victims of dog bites and animal attacks who have suffered severe and permanent injuries as a result of the negligence of a dog owner to take steps that could have prevented the attack.

In many cases our dog bite attorneys have investigated, the owner of the animal that attacked had prior knowledge that their dog had a propensity to bite, yet failed to take steps to control the animal, contain the animal or warn others of the danger that their dog could pose.

If you, a friend or family member have suffered a serious and disfiguring injury as a resut of a dog bite or animal attack, request a free consultation and claim evaluation.

According to a News.com.au report from Australia, Yamaha is not conducting a Rhino recall in Australia or requiring the installation of the same new safety features. Yamaha Australia indicates that they are not offering the same repair program because “when the user guidelines are followed, the Rhino is a safe and extremely capable side-by-side vehicle.”

Facing a track record of nearly 50 Yamaha Rhino deaths in the United States and hundreds of other serious injuries suffered by riders in rollover accidents, Yamaha is attempting to spin the problems as an American phenomenon.

However, the rollover issues with the Yamaha Rhino have been tied to the design of the vehicle, which is essentially the same in the United States and Australia. The vehicle was built with small tires on a narrow frame with a powerful engine and a high center of gravity. These “features” cause the vehicle to be extremely unstable, and it has been shown to rollover even when it is operated safely at slow speeds under 15 miles per hour on flat surfaces.

As part of the Rhino recall in the United States, owners were told that the safety issues posed such a risk that they should not operate the ATV until after the repairs and modifications had been made. The U.S. CPSC indicated that Yamaha would add a spacer onto the rear wheels and remove the rear anti-sway bar to reduce the risk of a rollover.

Although questions still remain about whether these design modifications and safety improvements will actually help reduce the risk of a Yamaha Rhino rollover accident, if Yamaha Motor Corp. U.S.A. told the U.S. CPSC that they would make the vehicle safer, why would the same design modifications not be offered worldwide?

LAWYERS FOR YAMAHA RHINO RECALL

The Yamaha Rhino lawyers at Saiontz & Kirk, P.A. represent individuals throughout the United States who have suffered serious fractures and other injuries in ATV rollover accidents that occurred at slow speeds while the vehicle was being operated in a reasonable and prudent manner.

Yamaha has known about the safety problems with the Rhino for years and have continued to place riders at risk by failing to issue a recall earlier and warn about the problems. Hundreds of lawsuits over Yamaha Rhino accidents have been filed, and other riders who were injured in a rollover may be entitled to compensation.

If you, a friend or family member have suffered injuries in a Yamaha Rhino accident, request a free consultation and claim evaluation.

>>INFORMATION: Yamaha Rhino Rollover Problems

The Yamaha Rhino recall lawyers at Saiontz & Kirk, P.A. represent individuals throughout the United States who were injured or killed in a rollover accident that could have been prevented if Yamaha had taken actions earlier to address the rollover problems. Although the corrective actions should have been required years ago, we applaud the U.S. CPSC for taking action to require Yamaha to make simple design changes which may save lives.

On March 31, 2009, the U.S. Consumer Product Safety Commission announced that owners have been asked to stop using about 120,000 Yamaha Rhino 450 and 650 model ATVs sold since Fall 2003 and about 25,000 Yamaha Rhino 700 model ATVs, until repairs can be made to add a spacer onto the rear wheels and remove the rear anti-sway bar to reduce the risk of a rollover.

In August 2007, Yamaha began offering after-market doors and additional passenger hand-holds which were designed to help riders keep their arms and feet inside the vehicle when it rolled over. However, that did not address the inherent stability problems with the side-by-side ATV.

It is too early for our attorneys to make a judgment about whether these design modification will be enough to make the vehicles safe, but at least it is a step in the right direction to require Yamaha to make the ATV safer.

The U.S. CPSC indicated that the actions were taken after they investigated more than 50 incidents involving 46 Yamaha Rhino deaths, more than two-thirds of which involved rollovers, many of which occurred while the vehicles were being turned at relatively low speeds on level terrain.

YAMAHA RHINO RECALL LAWSUITS

Hundreds of riders have suffered severe fractures, head injuries and other debilitating and fatal injuries in Yamaha Rhino rollovers since the vehicles were first introduced in 2003. Those who have suffered injuries which may have been prevented if Yamaha had made simple design changes to their utility ATV may be entitled to compensation through a Yamaha Rhino recall lawsuit.

To speak with an attorney and determine if you, a friend or family member may have a claim, request a free consultation and claim evaluation.

>>INFORMATION: Traumatic Brain Injury Lawsuits

According to the BIAA, about 1.4 million people suffer a traumatic brain injury every year as a result of car accidents, sports, falls and other incidents.

Problems caused by a brain injury trauma can vary widely, potentially impacting the person’s motors skills, cognitive ability and sensory perception. They could result in difficulty thinking, speaking, learning and remembering. Emotions, sensation and ability to function in day-to-day activities could also be adversely affected.

A brain injury may also increase the risk for chronic diseases such as Parkinson’s disease, Alzheimer’s disease, epilepsy and other brain conditions.

Last month a study was published by the medical journal The Lancet, which indicated that children and young adults who suffer a traumatic brain injury could face an increased risk of epilepsey even more than 10 years after they suffer a head injury.

>>PRIOR POST (2/24/2009): Traumatic Brain Damage in Children

The Brain Injury Association of America provides information, education and support which is available to assist the estimated 5.3 million Americans who have suffered a brain injury trauma which impacts their daily activities.

TRAUMATIC BRAIN INJURY LAWYERS

In many cases a traumatic brain injury is caused by the negligence, recklessness or carelessness of another person, and financial compensation may be available to help provide for the life-time of care and assistance that may be required.

The traumatic brain injury lawyers at Saiontz & Kirk, P.A. investigate potential head injury lawsuits throughout the United States. Free consultations are provided to help families determine whether they may be entitled to compensation and there are no fees or expenses unless a recovery is obtained.

If you, a friend or family member have suffered a traumatic brain injury, request a free claim evaluation.

>>INFORMATION: Traumatic Brain Injury Lawyers

In addition to the range of physical, emotional, cognitive and behavioral effects of a traumatic brain injury which can surface immediately following a head injury, a Danish team of researchers warn that the long term effects may not surface for many years.

According to the study released online Monday by The Lancet, the risk of epilepsy is more than two times higher after a mild brain trauma or skull fracture, and the risk increased to almost seven times when there is a serious brain injury. The risk remains even 10 years later, especially among teens over 15 years old, females and those with a family history of epilepsy.

“Traumatic brain injury is a significant risk indicator for epilepsy many years after the injury. Our data suggests a long time interval for potential, preventative treatment of high-risk patients,” the authors of the study concluded. “Drug treatment after brain injury with the aim of preventing post-traumatic epilepsy has been discouraging, but our data suggest a long time interval for potential, preventive treatment of high risk patients.”

TRAUMATIC BRAIN INJURY LAWYERS

The personal injury lawyers at Saiontz & Kirk, P.A. represent individuals who have suffered a traumatic brain injury as a result of another person’s negligence throughout the United States. It is important to speak with an attorney as soon as possible after an accident or injury to make sure that all steps are taken to protect the victims right to compensation through a traumatic brain injury lawsuit.

To review a potential case for yourself, a friend or family member, request a free consultation and claim evaluation.