Attorney Blog

CPSC Warns Manufacturers Over Safety of Children's Products

derricklawfirm@sc.rr.com (Blog Author)26948 — Thu, 18 Feb 2010 08:00:00 EST

On Wednesday, A Utah manufacturer, Allreds Design, recalled 900 baby bracelets and pacifier clips because they contained high levels of lead. The Consumer Product Safety Commission (CPSC) announced that a 10-month-old girl, who had been exposed to the baby bracelets, was being treated for elevated lead levels.

CPSC Chairwoman, Inez Tannenbaum delivered a warning to toy manufacturers to put safety first or face lawsuits or other legal action from the the CPSC and their enforcement authorities. Safety legislation passed in 2008 gave the CPSC new powers, which Tannenbaum says she's not afraid to use.

The product safety bill sets strict limits on lead and other chemicals as well as new rules for standards governing cribs.

20% of Tennessee Workers Misclassified or Paid Under the Table

derricklawfirm@sc.rr.com (Blog Author)26947 — Thu, 18 Feb 2010 08:00:00 EST

A study was recently released that showed that 20% or one in five construction workers in the state of Tennessee were misclassified as independent contractors or were paid under the table. This totals a number of 38,680 workers in the state and a cost of nearly $15 million in unemployment taxes and $92 million in workers' compensation premiums.

Data gathered from state and federal agencies were used in the study conducted by William Canak of Middle State University in Tennessee and Randall Adams at Tennessee Tech. The study was presented to the House Consumer Employee Affairs Committee on Wednesday. Canak and Adams recommended tougher enforcement of employment laws and workers' compensation requirements.

FDA warns of potential confusion over Maalox products

derricklawfirm@sc.rr.com (Blog Author)26946 — Thu, 18 Feb 2010 08:00:00 EST

The Food and Drug Administration warned consumers on Wednesday to be careful which product they pick up when purchasing Maalox, an over-the-counter antacid. The traditional antacid, Maalox, Maalox Advanced is not to be confused with a product in similar packaging called Maalox Total Relief.

Traditional Maalox contain aluminum hydroxide and magnesium hydroxide to neutralize acid in the stomach. Maalox Total Relief, however is not simply an antacid, but an upset stomach and anti-diarrhea medicine that contains bismuth subsalicylate which is similar to aspirin and has been known to cause stomach bleeding in some individuals. The product should not be used by people with a history of gastrointestinal ulcer disorder or a bleeding disorder. The mix-up of the two products has so far caused five cases of adverse reactions. Although the FDA has not specified what those reactions were.

The manufacturer of both drugs, Novartis Consumer Health Inc., will halt sales of the products under similar name and packaging. In the future, the Maalox Total Relief product will no longer be sold with the word "Maalox" on the box and the company has agreed to alter the packaging.

Pregnant women who are exposed to elevated levels of some types of phthalates may give birth to boys who exhibit less-masculine play behavior than other males

derricklawfirm@sc.rr.com (Blog Author)22377 — Tue, 24 Nov 2009 08:00:00 EST

Pregnant women who are exposed to elevated levels of some types of phthalates may give birth to boys who exhibit less-masculine play behavior than other males, a new study has concluded. According to the study, published in the International Journal of Andrology, boys of women with higher concentrations of di(2-ethylhexyl) phthalate (DEHP) and dibutyl phthalate (DBP) in their prenatal urine scored 8 percent further away from the masculine end of the scale than other boys. Juliet Eilperin, The Washington Post 11/24/2009

Read Article: The Washington Post

Federal safety regulators have announced the recall of more than 2.1 million drop-side cribs made by a Canadian manufacturer.

derricklawfirm@sc.rr.com (Blog Author)22374 — Tue, 24 Nov 2009 08:00:00 EST

Federal safety regulators have announced the recall of more than 2.1 million drop-side cribs made by a Canadian manufacturer. However, Consumer Product Safety Commission Chairman Inez Tenenbaum said that her agency likely had not acted fast enough in recalling cribs made by Stork Craft Manufacturing. The recall covers cribs manufactured and distributed between January 1993 and October 2009 and sold at major retailers. Jennifer C. Kerr, Houston Chronicle 11/24/2009

Read Article: Houston Chronicle

Pfizer Inc. must pay $28 million in punitive damages

derricklawfirm@sc.rr.com (Blog Author)22372 — Tue, 24 Nov 2009 08:00:00 EST

Pfizer Inc. must pay $28 million in punitive damages to an Illinois who woman developed breast cancer after taking the hormone replacement drugs Premarin, Prempro and Provera, according to Reuters. In the verdict, jurors found that Pfizer acted with reckless disregard for the plaintiff’s health. The jury previously awarded Donna Kendall $6.3 million in compensatory damages. Reuters, Reuters 11/24/2009

Read Article: Reuters

How to keep your family and others safe from drunk drivers, reckless drivers and road defects by Conway / Myrtle Beach Accident Attorney Dirk Derrick

derricklawfirm@sc.rr.com (Blog Author)17856 — Wed, 02 Sep 2009 08:00:00 EST

On Tuesday, I attended court with one of the nicest couples I have ever represented concerning the wrongful death of their daughter. This was the second child out of their four that had been killed in an automobile accident. This daughter was killed as a result of the combination of a drunk driver and a defective highway in Conway South Carolina. Their story made me think of what we as a community can do to safeguard our families on the highways.

The top seven things you can do are:

  1. Don’t drink alcohol and drive a vehicle. If you do, you are playing Russian roulette with your life and the life
of innocent families.

  2. Don’t talk or text on a cell phone while driving. A new study shows that talking on the phone distracts        drivers to the same extent as having a blood-alcohol level of .08.

  3. Sign a contract with your children which makes their driving a vehicle conditioned on: no alcohol, no cell phone use, and limiting the number of kids riding in their car. These three things greatly increase the chance of your child being involved in fatal accident. Call me if you want a sample contract.

  4. If you see a reckless driver or someone who appears to be intoxicated, pull off the road and call 911 giving the Highway Patrol the tag number and location of the vehicle.

  5. If you become aware of a store that is selling alcohol to minors for profit or an adult providing alcohol to minors in order to be “ cool ”, contact my office at 800-704-5412 and I will make sure the appropriate law enforcement agency is notified to investigate. These irresponsible stores and adults are major contributors to thousands of deaths per year.

  6. If you see a defective portion of highway, report it to the South Carolina DOT. Road defects cause numerous one-car fatalities each year. These defects can include: extreme potholes which cause loss of control; shoulders of the road which are more than 2 inches lower than the highway’s surface which cause over-correction accidents; and portions of the highway which have improper drainage causing water to stand and hydroplaning. Do not assume that the DOT knows of the problem. Call the SC DOT at 365-2130 to report road problems.

  7. Drive defensively. My father, as well as all driver education teachers, always teach “drive defensively”. But you really need to. In almost every case I handle, one party was driving legally and responsibly. My suggestion is to treat every vehicle that you face and every vehicle entering the roadway as a bullet and you are the target. You do not know if they are drunk or distracted, so you better assume the worst.

Be safe.

Driving while talking on phone impairs a driver as much as having a .08 alcohol level

derricklawfirm@sc.rr.com (Blog Author)15824 — Sat, 25 Jul 2009 08:00:00 EST

We've known for years that driving while intoxicated is a leading cause of deaths on the road. Wrongful deaths and serious personal injuries suffered as a result of car and truck accidents involving drunk drivers are reported nightly on your local news. Now a number of studies indicate that when you allow your teenager to use a cell phone while driving a car, you may be condoning conduct as dangerous as driving drunk.

For the sake of your children, your family and those that share the road, please do not "call and drive", "text and drive" or "drink and drive".

Click here for news article about the studies.

Why I Wrote "The Truth About Your South Carolina Injury Claim"

derricklawfirm@sc.rr.com (Blog Author)15360 — Wed, 15 Jul 2009 08:00:00 EST

Why I Wrote "The Truth About Your South Carolina Injury Claim"

One day you are minding your own business living your life, and in a heartbeat, a drunk; a texting teenagers; a reckless driver or just someone not paying attention, comes into your lane and changes your day, your year and sometimes your life....with no warning. If you are like most people this has never happened to you before. All of a sudden:

You are being contacted by insurance companies;

You are being asked to sign medical releases;

You are being asked to give a recorded statement;

You are being asked to take a quick settlement;

You can’t work;

Your bills are adding up;

Creditors are calling;

You need more medical treatment;

You can’t afford the treatment you need;

Adjusters are smiling and being friendly and companies are telling you that you can trust them because they are
“good hands people”, “a good neighbor”, or “on your side”.

Your friends and family are warning you to be careful;

You see lawyers on billboards, on TV, in the Yellow pages and all over the phone book who say they:

  Are Personal Injury Lawyers,
  Really care for you,
  Are aggressive, and
  Will see you without a fee;

You need information quickly so you won’t make a mistake.

You don’t know who to trust and you don’t want to receive a sales pitch from a fast talking lawyer.
I wrote this book for you to have good information in your hands prior to talking to an insurance adjuster, prior to making a mistake and prior to hiring an attorney.

Download it in 60 seconds for free. BE INFORMED. http://www.derricklawfirm.com/

Every day, 36 people in the United States die, and approximately 700 more are injured, in motor vehicle crashes that involve an alcohol-impaired driver.

derricklawfirm@sc.rr.com (Blog Author)15100 — Thu, 09 Jul 2009 08:00:00 EST

Every day, 36 people in the United States die, and approximately 700 more are injured, in motor vehicle crashes that involve an alcohol-impaired driver.

The Problem

According to the National Highway Traffic Safety Administration (NHTSA), about three in every ten Americans will be involved in an alcohol-related crash at some point in their lives.
In 2006, 13,470 people died in alcohol-impaired driving crashes, accounting for nearly one-third (32%) of all traffic-related deaths in the United States.
In one year, over 1.4 million drivers were arrested for driving under the influence of alcohol or narcotics. This accounts for less than 1% of the 159 million self-reported episodes of alcohol–impaired driving among U.S. adults each year.
Alcohol-related crashes in the United States cost about $51 billion a year.

Protect Yourself and Your Family and Friends

During the holiday season, and year-round, take steps to make sure that you and everyone you celebrate with avoids driving under the influence of alcohol. Following these tips from NHTSA can help you stay safe:

Plan ahead. Always designate a non-drinking driver before any holiday party or celebration begins.
Take the keys. Do not let a friend drive if they are impaired.
Be a helpful host. If you’re hosting a party this holiday season, remind your guests to plan ahead and designate their sober driver, always offer alcohol-free beverages, and make sure all of your guests leave with a sober driver.

Know How Communities Can Help

Proven community and state-level methods for reducing alcohol-impaired driving include:

Sobriety checkpoints. Studies found that fatal crashes thought to involve alcohol dropped by about 22% following implementation of sobriety checkpoints.
Minimum legal drinking age (MLDA) laws. Studies found that raising the MLDA to 21 reduced crashes by about 16% among people ages 18-20 years.
0.08% BAC laws. Fatal alcohol-related crashes declined about 7% after 0.08% BAC laws were passed.
"Zero tolerance" laws for young drivers. Three studies found that zero tolerance laws resulted in declines in fatal crashes among drivers ages 18.20 years of between 9% and 24%.

Resources for More Information

Web-based Resources

CDC: Impaired Driving Fact Sheet: http://www.cdc.gov/ncipc/factsheets/drving.htm

National Highway Traffic Safety Administration (NHTSA). Traffic Safety Facts 2006: Alcohol-Impaired Driving

Fatal Car and Motorcycle wrecks are taking a toll on Myrtle Beach Area

derricklawfirm@sc.rr.com (Blog Author)14922 — Tue, 07 Jul 2009 08:00:00 EST

The Sun News has a search tool available ion 7/7/09 edition that allows you to research the fatal accidents in the Myrtle Beach area for the year 2009. The search shows that car accident deaths are taking a toll on our area. It has involved people from the age of 16 to 85. The majority of them were not wearing seatbelts. If you study these accidents, it shows many of them involve individuals running off the edge of the road, turning quick to get back on the road (over-correcting), tires getting turned sideways causing the cars to flip or lose control. During my highschool years, my father was a coach and drivers education teacher. While he was teaching me to drive, he made me run off the road, keep my right tires off the road as I let off the gas and until the car had slowed enough to safely ease my way back on the highway. While I'm not advising everyone to go run off the road. The ability to safely get back on the highwayis a learned skill that someone must have, to avoid one of the most dangerous types of wrecks that occurs. Many personal injuries and premature deaths could be prevented if these types of wrecks were eliminated.

Troopers ready to Arrest those who choose to Drink and Drive over the 4th

derricklawfirm@sc.rr.com (Blog Author)14674 — Wed, 01 Jul 2009 08:00:00 EST

The Fourth of July holiday is cause for celebration. Many of those celebrations unfortunately end with someone drinking and driving. A new Highway Patrol DUI enforcement team aims to prevent drunk driving accidents and fatalities.

Highway Patrol based the statewide team on one being used in Horry County. Last year, Highway Patrol assigned six troopers to the DUI team in Horry County. They say it resulted in more DUI arrests and fewer DUI-related fatalities.

Officials want to see those same results in Florence and Darlington counties where DUI crashes and fatalities have increased this year. Troopers say they will fan out across those counties and hold safety checkpoints, until they see a drop in DUI accidents. (Wpde)

Bone-Growth Proteins Show Risk in New Study

derricklawfirm@sc.rr.com (Blog Author)14673 — Wed, 01 Jul 2009 08:00:00 EST

Patients who received a bioengineered protein during spinal fusion procedures to correct neck pain had far more complications than patients who did not get it, according to a study released Tuesday.

The study, published Tuesday in The Journal of the American Medical Association, reinforces previous concerns about the use of the proteins in fusion procedures to treat upper spine, or cervical, pain. The substances studied, sold by either Medtronic or Stryker, are not federally approved for cervical procedures, although surgeons are free to use them for that purpose. By BARRY MEIER New York Times

Fusion surgery is a common surgery for those injured in personal injury accidents, including car and truck wrecks, motorcycle accidents and workers compensation claims. Often an injury to the neck involves herniated disks which need to be removed and the vertebrae fused together. Bioengineered protein used in these fusions have not been approved and are causing some additional complications.

The 10 Worst Insurance Companies in America

derricklawfirm@sc.rr.com (Blog Author)14383 — Sat, 27 Jun 2009 08:00:00 EST

In order to help consumers before they have to file a claim,
researchers at the American Association for Justice (AAJ)
did a thorough investigation to determine the 10 worst insurance
companies in America. AAJ studied court documents, SEC
and FBI records, state insurance department investigations and
complaints, news accounts from across the country, and the
testimony and depositions of former insurance agents and adjusters.

To no surprise to anyone litigating cases over the past 10 years,
Allstate was rated the Worst Insurance Company in America by a longshot.

Allstate’s organized and settled plan to put profits over policyholders
gave Allstate the title. According to CEO Thomas Wilson,
Allstate’s mission is clear: “our obligation is to earn a return for
our shareholders.” The “good hands” people actually teaches its
claims agents to employ a “boxing gloves” strategy against its own
policyholders.A former Allstate adjuster Jo Ann Katzman said,
“We were told to lie by our supervisors—it’s tough to look at
people and know you’re lying.”

Allstate's plan for profit:

a. Get the Premiums:

   1. Hire your hometown neighbor that you know and trust to sell
      insurance to you. I personally know and like our local agents
       and they are good people doing nothing wrong.  My wife has relatives
       in another state that sell Allstate insurance.

    2. Use a well liked and soft spoken actor to encourage you to
        buy insurance from them because they are "the good hands people".

b. Delay and Deny claims

    1. Instead of paying small claims, try to find anything to deny or delay
        the claim. Wear down claimants. See Anderson Cooper's CNN special
        report located here and part 2 here..

    2. Don't use the same local agents who know you, rather use teams
       of adjusters, most of whom you don't know,
        to deny and delay your claim to wear you down while they
        hold your money.

    3. Drag out small claims by refusing to settle to make it unprofitable
        for attorneys to represent the victims. Once attorneys are out the way,
       Allstate can bully those making claims.

c. Hold down Jury awards once case gets to court

     1. Participate in Tort Reform campaign by telling potential jurors
         through ads that fraud, frivolous suits and high verdicts are causing
         premiums to rise.

      2. Just in case potential jurors research for themselves and determine
           that the tort reform story is a lie, Allstate supports big business
           politicians who will pass laws to make it harder to get fair
           verdicts and overrule you and your neighbors when you determine what is fair..

No wonder they come in at number 1 as the worst Insurance company in America.
The entire list is listed below.

The Ten Worst
Insurance Companies
1. Allstate
2. Unum
3. AIG
4. State Farm
5. Conseco
6. WellPoint
7. Farmers
8. UnitedHealth
9. Torchmark
10. Liberty Mutual

To see the full report on each of these insurance companies, click here.

Preventing problems instead of trying to fix them

derricklawfirm@sc.rr.com (Blog Author)14378 — Fri, 26 Jun 2009 08:00:00 EST

So often in my practice, I am trying to fix problems or overcome unnecessary obstacles. That is why I started this web page. I want to help people before they hire me or another attorney from making the same mistakes which are made over and over. I have and continue to write information books on the areas of law in which I have practiced for over 20 years. I have written an article called "The top 10 things you need to do after an accident". If these things are done, the injured and/or disabled person will protect his/her rights. Additionally, if it becomes a case in which an attorney is needed, he or she won't be digging the case out of a hole. If any of the 10 things are not done, the insurance carrier has an argument as to why it should either prevent your claim altogether or reduce your benefits.

Statistics on how Alcohol is destroying our kids

derricklawfirm@sc.rr.com (Blog Author)14050 — Sat, 20 Jun 2009 08:00:00 EST

I see the true impact of alcohol on families who have lost fathers, mothers, children, brothers or sisters to drunk drivers. The statistics are staggering. We, as a society have turned our heads by letting establishments continue to sell alcohol when we know they are selling to minors illegally, by giving DUI convicted drivers more and more chances to drive, by refusing to punish parents and adults for giving alcohol to minors, and by treating the abuse as a part of growing up. It's ridiculous and no one becomes angry until alcohol is related to their own injury or the death of a family member. If the same damages were being caused by the swine flu, our country would be in a state of panic and everyone latched inside their homes.

Why you need uninsured and underinsured motorist coverage on your own vehicle

derricklawfirm@sc.rr.com (Blog Author)14045 — Sat, 20 Jun 2009 08:00:00 EST

You need to buy as much uninsured and underinsured motorist coverage as you can on your own vehicle. 1 out of every 7 drivers in the country have no car insurance. Most are underinsured even if they do have coverage. Therefore, if you don't have enough uninsured and underinsured coverage, you can become financially devastated in the event of an accident. I wrote the book 3 Feet from Disaster to inform the public. The book is free on my web page.

Honda recalls 410,000 vehicles for brake problems

derricklawfirm@sc.rr.com (News Author)13444 — Tue, 16 Mar 2010 08:00:00 EST

The Japanese automaker Honda is set to recall 410,000 cars in the United States due to complaints about braking system. 344,000 Odyssey models and 68,000 Element models made between 2007 and 2008 will be recalled. Overtime, brake pedals in these vehicles can become soft and must be pressed closer to the floor to stop the vehicle entirely, according the company.

The National Highway Traffic Safety Administration has reported 3 car accidents as a result of the problem with minor injuries but no deaths.

Honda says that not all vehicles being recalled have been reported experiencing this problem, but the recall, they believe will demonstrate a desire to assure customers that all safety measure in the vehicles are responding appropriately. Owners of the affected vehicles will be notified by the car company and are urged not to repair the car until a letter arrives, as the necessary repair parts will not yet be available. Owners should receive letters by late April. Honda believes the braking problem will be solved by repair.

Man killed in crash with ambulance

derricklawfirm@sc.rr.com (News Author)13329 — Wed, 10 Mar 2010 08:00:00 EST

Stephen Pelet, 25, of Coatsville, Pennsylvania died early Wednesday morning from injuries following a collision with an Horry County Fire Rescue ambulance.

Mr. Pelet was driving Northbound on U.S. 17 Bypass in his 2003 Nissan two-door vehicle when he hit the ambulance in the rear. The ambulance was leaving an intersection near Secondary Highway 801 when the crash occurred late Tuesday evening. Mr. Pelet was taken to the Medical University of South Carolina where he later died from his injuries. He was not wearing a seatbelt at the time of the crash.

The authorities say no charges are expected to be filed in the crash.

Social security checks may get smaller

derricklawfirm@sc.rr.com (News Author)13305 — Tue, 09 Mar 2010 08:00:00 EST

The U.S. can collect on defaulted loans by offsetting or withholding portions of Social Security or Disability checks. However, until recently, the federal government could not collect on debts more than 10 years old, except for student loans, which has no statute of limitations. Currently, the Treasury withholds benefits of 3.1 million Social Security recipients in order to pay off debts from student loans, farm and small business loans, unpaid taxes and similar debts to the federal government.

Under the 2008 Farm Bill, the U.S. can now collect on defaulted loans older than 10 years. The Treasury can withhold up to 15% of benefits, but cannot decrease benefits lower than $750 in order to repay debts. The Treasury expects up to $10 million increase in recovered debts annually from implementing the change.

The change does come at a difficult time for many Social Security and disability recipients. And while the legislation affects all ages, Social Security recipients make up a large and growing number of people from whom debt to the federal government is recovered.

Debtors can challenge their debt, but this is often difficult to do, especially when many do not have the funds to acquire legal help. However, the new legislation does require that debtors have access to review and make copies of their files, and have the ability to file for disability and hardship waivers.

Man killed in motorcycle accident in Timmonsville

derricklawfirm@sc.rr.com (News Author)13309 — Tue, 09 Mar 2010 08:00:00 EST

Samuel Roberts, 56, of Florence, South Carolina was killed Monday afternoon while riding his motorcycle down Hill Road in Timmonsville. A dog ran out in front of Roberts, and he tried to avoid hitting the animal and subsequently lost control of his motorcyle and was then thrown from the bike.

Roberts was accompanied by a couple riding a motorcycle with him and he was wearing a helmet at the time of the collision. He was taken to the hospital immediately following the accident, where he died of injuries an hour later. The dog was also killed as a result of the crash.

How to stop uncontrolled acceleration

derricklawfirm@sc.rr.com (News Author)13311 — Tue, 09 Mar 2010 08:00:00 EST

Consumer Reports has released a number of articles describing the recalls of Toyota vehicles due to a sticking accelerator. A number of reports have been in the news lately of accidents caused by uncontrolled acceleration in Toyota and Lexus models.

It is important for every driver to know how to stop a vehicle if it begins accelerating uncontrollably and you are unable to depress the accelerator. This video outlines the process step by step:

If your vehicle begins to accelerate uncontrollably, you should immediately shift your car into neutral. Do not pump the brakes. Steer your car to the side of the road, or another safe location and then use the brakes to bring your car to a complete stop. With the transmission still in neutral, turn the engine off. Then, place the car in park.

Head-on collision kills Darlington County man

derricklawfirm@sc.rr.com (News Author)13283 — Mon, 08 Mar 2010 08:00:00 EST

On Friday afternoon, a Pee-Dee man suffered serious injuries after involvement in a head-on collision.

Willie Lucas, 48, was driving a pick-up truck down Ebenezer Road on Friday when an SUV travelling in the opposite direction crossed the center line, striking his vehicle head-on.

Mr. Lucas subsequently died from his injuries on Saturday according to the coroner. The accident is currently under investigation.

Troopers look for hit and run vehicle

derricklawfirm@sc.rr.com (News Author)13285 — Mon, 08 Mar 2010 08:00:00 EST

A hit and run occured around 4:30 pm last Friday, March 5 on northbound interstate 95 near mile marker 116 in Clarendon county.

A motorcyclist was possibly struck by a vehicle that then left the scene. The vehicle of interest is a late-model Toyota Highlander.

If you have any information about the accident or the vehicle, contact the Highway Patrol: 803-896-9621.

Child, adult killed in five-car collision

derricklawfirm@sc.rr.com (News Author)13286 — Mon, 08 Mar 2010 08:00:00 EST

A crash occuring on Interstate 26 in Orangeburg County resulted in the deaths of Victor Felder, 54 and Isaiah Johnson, 5 who was riding in the car with him on Saturday, both of St. George, South Carolina.

Seven others were taken to the hospital with injuries result from the five-car collision. The crash is currently under investigation, but is believed to have started when Mr. Felder's pickup truck hit an empty car trailer pulled by a van, causing a chain reaction. Both Felder and Johnson are said to have died at the scene.

Crash st US 301 in Dillon

derricklawfirm@sc.rr.com (News Author)13287 — Mon, 08 Mar 2010 08:00:00 EST

A three vehicle collision occured Monday afternoon around 2:30 pm at US 301 and East Washington St. in Dillon, South Carolina, causing traffic to remain back-up in to Monday evening.

A Ford Explorer heading south onto US 301 was struck by a Dodge Magnum and subsequently flipped, causing the vehicle to then hit a parked Buick four-door that was waiting to turn onto US 301 from East Washington.

The driver fo the Ford Explorer and one other have been taken to the hospital for treatment of injuries, the extent of which are unknown.

Traffic remains stalled on Northbound 301 while the area undergoes investigation and clean-up.

Families file suit over salmonella outbreak

derricklawfirm@sc.rr.com (News Author)13210 — Wed, 03 Mar 2010 08:00:00 EST

29 local families in Alamosa, Colorado are suing the city over a salmonella outbreak that occurred in 2008 in the city's water supply where up to 1,300 individuals may have become ill, including 40% of the city's infants.

The outbreak was most likely caused by animal feces that entered the water reservoir which is said to have noticeable cracks and holes. The structure has not been properly inspected since 1997.

The Alamosa incident is the worst waterborne-disease outbreak in the United States since 2004.

Fourteen of the plaintiffs are parents suing on behalf of children who were sickened by the infected water. Another plaintiff is the widow of Larry Velasquez, 54, who died after salmonella entered his blood stream. They are suing for an unspecified amount.

Nursing home settles wrongful death suit

derricklawfirm@sc.rr.com (News Author)13211 — Wed, 03 Mar 2010 08:00:00 EST

Two nursing homes in Missoula, Montana have settled a wrongful death suit for an undisclosed amount with the family of a man who died under nursing home care in 2005. The lawsuit claims that Riverside Health Care Center and Village Health Care Center were negligent to provide adequate care for Ralph Seewald, 87.

Mr. Seewald died in November 2005 of a blood infection. He fell and fractured his neck during a transfer from a wheelchair. The fracture left him bedridden where he developed pressure ulcers leading to a fatal case of gangrene in his leg.

The lawyers for the plaintiffs claim that both the wheelchair transfer and the treatment of the bedsores were inadequate. The family is satisfied with the results. All matters against the nursing homes have been dismissed and the settlement remains confidential.

New law guarantees mental health parity in insurance coverage

derricklawfirm@sc.rr.com (News Author)13191 — Tue, 02 Mar 2010 08:00:00 EST

A new federal law which took affect on January 1 will ensure that medical health costs are comparable to physical health benefits. In the past, recipients of mental health care or substance abuse treatment could pay twice as much for treatment as they would for doctor's office visits for physical health concerns.

The new law applies to insurance groups with 50 or more employees and affects 140 million Americans. Higher deductibles and steeper co-pays will no longer be allowed for mental health or substance abuse treatment in comparison with other medical treatment. It does not, however, require insurance groups to provide mental health and substance abuse treatments, although most already do. The law does not apply to individual insurance policies.

The law as passed with broad bipartisan support in Congress. Mental health advocates are pleased with the results, while insurance providers feel that it is too expansive. However, the American Psychiatric Association claims that mental health only accounts for a fraction of health care costs overall.

Consumer group sues Anthem for restricting coverage

derricklawfirm@sc.rr.com (News Author)13192 — Tue, 02 Mar 2010 08:00:00 EST

California's largest for-profit health insurance provider, Anthem Blue Cross, is being sued for violating California law by closing certain health insurance policies to new members while offering remaining members alternative plans with fewer benefits and higher rates.

The class-action lawsuit is being brought by a Santa Monica-based Consumer Watchdog, who claims that the company is violating California's Health and Safety Code. In the state, when an insurance provider closes a policy, they must provide a comparable alternative. When a block of insurance is closed, it drives up premiums for remaining members, who now must divide costs among a smaller number of people.

The closing of certain policies to new members came about the same time that the company warned consumers that their rates would rise as much as 39%.

WellPoint's CEO's defense of rate hikes seen as unapologetic

derricklawfirm@sc.rr.com (News Author)13194 — Tue, 02 Mar 2010 08:00:00 EST

WellPoint, Inc.'s Chief Executive, Angela Braly was seen combative in her defense of the California company's rate hikes, in which consumers could see a rise as much as 39%.

She blames not the company, but physicians and insurance providers for driving up health care costs. She also claims that fewer healthy people are buying new insurance policies due to the present economic downturn. She says that WellPoint was forced to increase rates in order to break even.

Ms. Braly made these comments during a House hearing in Congress on the rate hikes.

Federal judge allows FMLA claim against individuals

derricklawfirm@sc.rr.com (News Author)13196 — Tue, 02 Mar 2010 08:00:00 EST

A federal judge in Pennsylvania has refused to dismiss claims against 3 human resource executives and a manager after the plaintiff, Dmitri Narodetsky claims the individuals sought out a reason to fire him after he requested leave from work for surgery.

Narodetsky says that a few days after he informed his bosses that he needed surgery, he was confronted in a meeting about a pornographic e-mail discovered on his computer. He then filed a suit, naming the company, the company's president, and the four individuals who he claims violated his rights under the Family and Medical Leave Act and the Employee Retirement Income Security Act.

The defense attempted to get the individual defendants dismissed from the case. The federal judge says all the individuals were named in the defense because each had the power to fire the plaintiff.

Concern over radiation exposure prompts efforts to curb CT scan use

derricklawfirm@sc.rr.com (News Author)13207 — Tue, 02 Mar 2010 08:00:00 EST

Federal regulators, radiology groups and hospitals are beginning new efforts to prevent unnecessary radiation exposure from CT scans. The Food and Drug Administration is in the process of implementing new safety requirements for manufactures of the devices. The agency will also encourage physicians to consider whether or not diagnostic benefits from using the scanning devices outweigh the risk of radiation exposure before prescribing a CT scan for a patient.

The efforts focus on lessoning exposure to radiation for adults, but children are still at a higher risk of developing cancer, mostly due to their size. The Society for Pediatric Radiology encourages using smaller amounts of radiation while scanning or substituting for an ultrasound instead.

Pfizer ordered to pay damages to cancer patient

derricklawfirm@sc.rr.com (News Author)13049 — Wed, 24 Feb 2010 08:00:00 EST

A Philadelphia jury awarded $9.45 million in damages to an Alabama woman who claimed that Pfizer, Inc.'s hormone-replacement drug caused her breast cancer.

Audrey Singleton, a retired school bus driver and mother of 3, was awarded $3.25 million in compensatory damages and $6 million in punitive damages. Her husband was also awarded $200,000 in loss of consortium.

Singleton began taking Pfizer's hormone-replacement drug, Prempo in 1997. She stopped taking the drug in 2004 when she was diagnosed with breast cancer.

Pfizer plans to appeal the decision claiming Singleton knew of the risks in 2002, when a study was released linking the drug to cancer. Singleton's physician encouraged her to continue use of the drug.

6 million women took the hormone-replacement drugs prior to 2002. 8,000 people who took the drug have filed suit against the company. Pfizer has lost 7 out of 10 of the suits against the company similar to Singleton's.
Singleton's lawyer says she is pleased with the verdict. Her cancer is in remission.

50k die a year from hospital infections

derricklawfirm@sc.rr.com (News Author)13050 — Wed, 24 Feb 2010 08:00:00 EST

Nearly 50,000 people die a year from infections they contract while visiting a hospital. A recent study from the Center for Disease Dynamics, Economics and Policy at Resources for the Future, a Washington, DC based think tank reveals that 48,000 patient deaths result from pneumonia or blood poisoning picked up during hospital visits.

The research was conducted using hospital discharge records from 69 million patients who visited United States hospitals between 1998 and 2006. The cost of the infections translated into 2.3 million extra patient days in 2006, a cost of more than 8 billion.

The study suggests that the costs of these preventable infections adds to the escalating cost of health insurance in the United States.

The deaths could be avoided by implementing better infection control. This includes more frequent hand washing, improved overall hygiene and better screening of patients when they first arrive at a hospital.

Cell Phone Case Settle for $5 Million

derricklawfirm@sc.rr.com (News Author)12966 — Mon, 22 Feb 2010 08:00:00 EST

On Friday, A U.S. Federal Court judge approved a settlement of almost $5 million in the case of a distracted driver who struck and killed 2 bicyclists in 2007 in Lancaster County, South Carolina.

Sharon King was driving her Chrysler Pacifica and allegedly using a cell phone when she struck Thomas Hoskins, 49 and Lee Ann Barry, 43.

Sherri Hoskins, the widow of Thomas Hoskins, will receive $3.6 million, and her lawyers will receive $1.3 million. The family of Lee Ann Barry settled their case last December in state civil court for $2.5 million.

Hoskins' lawyers claim that the use of a cell phone was the main distraction that caused the crash. Kings' lawyers argue otherwise and claim that King had put down the cell phone and was preparing to operate her car radio. King also had more than one dog in the vehicle with her and has admitted to unfortunate distraction at the time of the accident.

Driver fails DUI tests after fatal crash in North Myrtle beach

derricklawfirm@sc.rr.com (News Author)12903 — Thu, 18 Feb 2010 08:00:00 EST

Michael A. Butler, 30, of Loris, South Carolina was charged this Tuesday with felony driving under the influence. Butler failed three sobriety tests and a Breathalyzer following the crash that occurred Tuesday, killing the passenger of his vehicle. The accident, involving three vehicles, happened on U.S. 17 north of the Cherry Grove exit in North Myrtle Beach.

A police officer conducted three field sobriety tests at the crash site, all of which Butler failed. The officers at the accident scene say he smelled of alcohol, had slurred speech and got in the way of emergency workers following the wreck. Butler took a Breathalyzer test at the police station and blew a 0.19, placing him over the legal limit of 0.08. Butler's bail was set at $25,000 on Tuesday.

Mitchell White, 28, of Loris was killed in the crash. The preliminary autopsy has shown that White died from multiple trauma. He was not wearing a seatbelt at the time of the wreck. He was the passenger in Butler's 2004 Mercury Sable.

The accident occurred when Butler was traveling south in the northbound lanes of U.S. 17, causing him to strike 2 vehicles around 3 a.m. on Tuesday. The passengers in the other vehicles were transported to Grand Strand Regional Medical Center for minor injuries. The northbound lanes of U.S. 17 were subsequently closed following the crash, and for two hours Wednesday so the S.C. Highway Patrol's Multi-Disciplinary Investigation Team could work.

NHTSA says Toyota acceleration defect linked to 34 fatalities

derricklawfirm@sc.rr.com (News Author)12861 — Wed, 17 Feb 2010 08:00:00 EST

The Toyota acceleration complaints reported by consumers has increased the number of fatalities to 34. The National Highway Traffic Safety Association (NHTSA) says that this effect is normal as people become more aware of recall and possible safety defects that may have caused past traffic accidents.

Toyota has also received an increase in brake-related complaints for the 2010 Prius. When investigation on the model first began earlier this month, consumer reports were counted at 104. The number has now increased to almost 1,000.

The increase in number of consumer reports reflects heightened awareness in the media and the increase of lawsuits against the car manufacturer on behalf of drivers claiming injury and death.

Toyota has also announced a voluntary safety recall to inspect front drive shaft on 2010 Tacoma 4-wheel trucks.

Many criticize both Toyota and NHTSA for their slow response to the mounting claims of accelerator and brake problems in Toyota vehicles, claiming that the trend has been evident for years.

South Carolina Legislators Approve a Texting, Cell Phone Ban

derricklawfirm@sc.rr.com (News Author)12865 — Wed, 17 Feb 2010 08:00:00 EST

On Tuesday, South Carolina legislators advanced a bill to the House that would ban texting and talking on held-held cell phones while driving a vehicle. This measure would exempt hands-free systems. Another bill, headed to Senate would only prevent a driver from texting and emailing from a cell phone while driving.

In the House version of the bill, legislators agreed to fine offenders up to $100 and 2 points added to their license, while the bill in the Senate would only fine drivers $25 and add 1 point to their license. School bus drivers in violation

Questions still remained as to how this banned would be enforced. Many legislators feel that banning talking on cell phones while driving is too extreme and the ban should be exclusively for texting and other similar messaging. They feel that a talking ban could potentially be detrimental to many small-business owners who depend on cell phone communication.

Travelers spent $1.66 million lobbying gov't in 4Q

derricklawfirm@sc.rr.com (News Author)12866 — Wed, 17 Feb 2010 08:00:00 EST

The State reports that insurance company, Travelers cos. spent $1.66 million dollars in the fourth quarter of this past year lobbying the federal government on such spanning issues as global warming, workers compensation, and consumer protection rights.

The insurer continues to seek new costumers even in this difficult economic time. Based in New York, Travelers insures commercial and property, which is made difficult by the fact that employers have had to let go of employees, hire less and have seen their property values drop, which means less to offer to the insurer.

In the last quarter 0f 2008, spanning from October-December, the company spent only $1.43 million dollars in comparison to this years expense lobbying Congress, the Treasury Department, the Federal Deposit Insurance Commission, and the White House among others.

Fatal wreck on I-85 South on Tuesday morning

derricklawfirm@sc.rr.com (News Author)12879 — Wed, 17 Feb 2010 08:00:00 EST

Court sides with injured migrant worker

derricklawfirm@sc.rr.com (News Author)12880 — Wed, 17 Feb 2010 08:00:00 EST

Washingto Governor Gregoire, Boeing Co. and Workers Compensation

derricklawfirm@sc.rr.com (News Author)12881 — Wed, 17 Feb 2010 08:00:00 EST

South Carolina Legislators Pass Workers Compensation Bill

derricklawfirm@sc.rr.com (News Author)12888 — Wed, 17 Feb 2010 08:00:00 EST

On Tuesday, House of the South Carolina legislature approved a bill from the Senate that would revise workers' compensation coverage for firefighters. Firefighters covered under the South Carolina Workers' Compensation law regarding heart and respiratory disease. Firefighters suffering related injury or illness relating to these disease will now covered if the injuries or illnesses are considered to have risen in of or out of employment as a firefighter. This is decided if the firefighter successfully passed a physical examination in the last two years.

The bill, now that it has been approved by both Houses of the legislature, has been sent for ratification. The South Carolina House Representatives will take a furlough for the next week and will not be in session.

Toyota said to have staved off inquiries by hiring NHTSA officials

derricklawfirm@sc.rr.com (News Author)12840 — Tue, 16 Feb 2010 08:00:00 EST

Four investigations into unintended acceleration by Toyota Motor Corporation were reportedly ended when the automaker hired former regulators from the National Highway Traffic Safety Administration (NHTSA) to serve as agency liaisons for the company.

The hiring of Christopher Tinto, the Vice-President of Affairs for Toyota, and Christopher Santucci, who works for him, resulted in the ending of probes by NHTSA in 2002-2003 into unintended acceleration issues in both Toyota Camry and Solara models. Tinto and Santucci came to the automaker directly from NHTSA.

These links add to mounting criticism of NHTSA's previous handling of Toyota and Lexus models involvement in highway accidents and fatalities.

Toyota Motor Corporation faces multi-billion dollar liability from its recent recall of several models and over 30 class-action status lawsuits.

NHTSA and Toyota officials have been asked to appear before the House Oversight and Government Reform Committee in Congress of February 24 and before the House Energy and Commerce Committee on February 25 to discuss the recalls.

Sebelius Rejects WellPoint's Explanation of Premium Increases

derricklawfirm@sc.rr.com (News Author)12846 — Tue, 16 Feb 2010 08:00:00 EST

Health and Human Services Secretary Kathleen Sebelius has rejected the recent claims by WellPoint Inc, the parent company of health insurance provider, Anthem Blue Cross that their recent increases in premium are do to a combination of growing medical costs and loss of healthy consumers.

Sebelius says it is "difficult to believe" that a company who made "2.7 billion in the last quarter of 2009" could justify this rate increase. WellPoint executives claims that Anthem Blue Cross has lost millions in the past year, due to consumers who have switched from their insurance provider to a lower-cost option in the weak economy. According the company, they have paid out more in claims than they are currently receiving in premiums.

The Los Angeles Times reports that Californians could see "as much as a 39% increase" in rates. WellPoint maintains that this is in line with competing insurance providers in the area.

The President, like Sebelius, has also singled out Anthem Blue Cross, citing it as another reason to reform health care. Congress has opened investigation on the company, which will face 3 inquiries over the rate increases.

Mitchell White Dies In Accident On U.S. Highway 17

derricklawfirm@sc.rr.com (News Author)12855 — Tue, 16 Feb 2010 08:00:00 EST

February 16, 2010

Mitchell White, 28, of Loris died of multiple trauma as a result of the car accident on Tuesday morning. White was not wearing a seatbelt, and was a passenger in the car traveling in the wrong direction on highway 17.
According to city spokesperson Nicole Aiello, three cars were involved in the accident. The driver of the vehicle that was traveling in the direction on Highway 17 almost hit another vehicle head-on, and glanced off the other vehicle involved. The accident happened jus after 3 a.m. near the intersection of U.S. Highway 17 and S.C. Highway 9. Two others were transported to Grand Strand Regional Medical Center with minor injuries. North Myrtle Beach Public Safety officer has Michael A Butler, 30, from Loris with felony DUI.

$10.5 Million Accord Reached in Teen's Death

derricklawfirm@sc.rr.com (News Author)12839 — Mon, 15 Feb 2010 08:00:00 EST

Law.com reports that a $10.5 million dollar settlement was reached on Friday in a wrongful death suit brought by the mother of Manny Leach, a Philadelphia teenager who died by asphyxiation in 2007. Leach's death occurred while he was at Chad Youth Enhancement Center in Ashland, Tennessee after receiving placement for rehabilitation after a court ordered psychiatric evaluation following theft of a vehicle and violation of probation.

Leach's death was the result of an improper chokehold placed upon him by two security guards – Randall Rae and Milton Francis -- at the detention center. The plaintiff's attorney described the attack as "brutal" and claimed that Rae and Francis were never properly trained nor reprimanded for prior similar incidents.

Leach's death was ruled a homicide by a medical examiner, but the Tennessee grand jury did not bring charges against Rae or Francis.

Chad Youth Enhancement Center has agreed to pay the entire $10.5 million in damages to Leach's mother, but the settlement includes no admission of liability by the organization

Horry County Bus Driver Charged

derricklawfirm@sc.rr.com (News Author)12785 — Thu, 11 Feb 2010 08:00:00 EST

Feburary 11, 2010

Horry County bus driver Michael Joseph Burns ,77, was charged with failure to yeild the right of way.
Back in November 2, 2009 the bus Burns was driving collided with a motorcycle on Highway 31 overpass at Grissom Parkway. South Carolina Highway Patrol spokesman, Sonny Collins, said the motorcyclist was 18-year old Marc Chaplin, and he died at the scene of the accident.

Coastal Carolina Student Heather Meade Dies

derricklawfirm@sc.rr.com (News Author)12787 — Thu, 11 Feb 2010 08:00:00 EST

Feb. 11, 2010

19 year old Heather Meade of Lexington was taken to the Medical University of South Carolina after being struck by a vehicle on University Boulevard. Heather Meade died at 7:44 p.m. Tuesday night, at the Charleston area hospital. Heather Meade was a sophomore at Coastal Carolina University where she majored in psychology and minor in Spanish. University police and S.C. Highway Patrol are investigating the accident.

Two Car Accident Claims the Life of Terry Roberts

derricklawfirm@sc.rr.com (News Author)12626 — Thu, 04 Feb 2010 08:00:00 EST

Feburary 4, 2010

Terry Roberts, of Latta, died from injuries from a two car accident, that orrured around 7:00 a.m. Thursday morning on Fire Tower Rd in Belenheim. Brown says Terry Roberts was leaving work when he drifted in to the other lane hitting another car. He was airlifted to McLeon Health Center in Florence, were his condition is unknown.

Texting Dan Postponed

derricklawfirm@sc.rr.com (News Author)12458 — Thu, 28 Jan 2010 08:00:00 EST

South Carolina legislators have postponed a vote on a measure that would ban texting and talking on hand-held cell phones while driving. Handsfree devices are not included. A conviction on the misdemeanor could result in a fine up to $100. This bill was only one of six proposed this year that deals cell phone use in cars.

Single Car Accident Takes Life of 20 year old

derricklawfirm@sc.rr.com (News Author)11704 — Tue, 15 Dec 2009 08:00:00 EST

Friday, December 12, 2009

South Carolina Highway Patrol reported that 20 year old Jimy Hernandez, of Maryville, died in a single-car wreck in Georgetown County. Highway Patrol say Hernandez was traveling Southbound on US-17 when he drove his 2003 Volkswagen off the right side of the road and struck a tree. Hernandez was the only person in the car, and he was wearing a seltbelt at the time of the accident.

Georgetown Woman Died in Accident

derricklawfirm@sc.rr.com (News Author)11584 — Thu, 03 Dec 2009 08:00:00 EST

An accident on US-17 leaves one dead. Barrianne Deas, 57, of Georgetown, died at the scene of the accident Wednesday morning. Deas was wearing a seatbelt when her car collided with another car that was traveling on the wrong side of US-17 around 4:45 a.m.. Lynne Flay, 36, of Myrtle Beach, was the driver of the other vehicle. Flay was transported to Waccamaw Community Hospital where her conditions is unknown at this time. The accident is still under investigations by the South Carolina Highway Patrol.

Woman Killed Thursday Morning in Accident

derricklawfirm@sc.rr.com (News Author)11585 — Thu, 03 Dec 2009 08:00:00 EST

46-year-old, Melissa Kirk died in a single car accident Thursday morning. SC Highway Patrol say the SUV Kirk was driving, was traveling north on US-17 near Murrells Inlet split, and veered left off the road and into the median, then overturned. SC Highway Patrol say Kirk was wearing a seatbelt at the time. This accident is still under investigation by the Highway Patrol.

Dangerous intersection will not be changed notwithstanding fatal accident

derricklawfirm@sc.rr.com (News Author)11455 — Wed, 25 Nov 2009 08:00:00 EST

The South Carolina Department of Transportation has chosen to pursue no changes at a Grand Strand intersection where three family members died in a crash, despite concerns expressed by the community. A Surfside Beach man and his two children were killed at US 17 Bypass and Palmetto Pointe Boulevard in a two-vehicle crash earlier this month. The State Department of Transportation has determined that it is not among 10 crossings considered priority in Horry and Georgetown counties. Read Full article in the Sun News.

Kids killed in Accident

derricklawfirm@sc.rr.com (News Author)11313 — Tue, 17 Nov 2009 08:00:00 EST

A three year old boy, and ten year old girl died in a crash this weekend. Tami Turner of Kingstree was driving when she lost control of the car and it ran off the road. The car then flipped over in a field. The little girl died at the scene where she was thrown about 25 feet from the car. The little boy was taken to the hospital where he died Sunday morning. The accident is still under investigation by highway patrol.

Three People Killed in Accident Wednesday Night.

derricklawfirm@sc.rr.com (News Author)11261 — Thu, 12 Nov 2009 08:00:00 EST

Three people were killed in the accident Wednesday Night. The Highway Patrol says the accident happened around 10p.m. at US-17 Bypass and Palmetto Point Boulevard. The driver of the truck, Thomas Nelson Powell, 76, wasn't seriously injured, but the driver of the car, 27-year-old Ipersha McCants, was taken to the hospital. Her condition is unknown at this time. The other 3 people in the car died. Their was a 26-year-old man, a 9-year-old girl and a 6-year-old boy. They all were from Surfside. The accident is still under investagations.

Man Hit By SUV

derricklawfirm@sc.rr.com (News Author)11226 — Tue, 10 Nov 2009 08:00:00 EST

South Carolina Highway Patrol say the drive of the SUV that hit Fernando Mendoza Garcia, 24, was not at fault. Garcia was from Mexico. Highway Patrol say the man was leaving Kroger Grocery Store near Resturant Row, and attempeted to cross Highway 17 when the SUV struck him. The man was airlifted to the New Hanover Regional Medical Center and died from multiple trauma.

Student Hit By Bus

derricklawfirm@sc.rr.com (News Author)11172 — Tue, 03 Nov 2009 08:00:00 EST

18 Year old Senior, Marc Chaplin died Monday Moring in a collision with a school bus. Chaplin was on International Drive, and SC-31. Chaplin was riding on the motorcycle when the accident occured. Their were no students on the bus at the time. Horry County School District spokewoman Teal Britton said that their would be greif counslers at both Myrtle Beach High School and the Academy for Arts, Science, and Technology Campus. The Highway Patrol is asking for any witnesses that may seen the crash to please contact them.

71 Year Old Man Dies After Accident

derricklawfirm@sc.rr.com (News Author)11022 — Tue, 27 Oct 2009 08:00:00 EST

Oct. 27, 2009

A man in Georgetown county died Monday, Oct. 26, 2009, After being in a collision. Highway Patrol said 71 year old Virgil Mixon wasn't wearing a seatbelt when the accident occured. Highway Patrol say Mixon crossed over into the wrong lane and turned in front of the vehicle that colliede with him. The driver and passengers of the other vehicle wasn't injured.

Kencory Vereen died as Result of tire separtion

derricklawfirm@sc.rr.com (News Author)10740 — Wed, 07 Oct 2009 08:00:00 EST

22 year old Kencory Vereen died Saturday afternoon. Kencory of Myrtle Beach was heading north on highway 905when his right rear tire separted and he lost control of the car. Vereen was not wearing a seatbelt when the car hit a ditch, a tree, and then caught on fire.

Deadly Accident Leaves 2 Dead

derricklawfirm@sc.rr.com (News Author)10671 — Fri, 02 Oct 2009 08:00:00 EST

Oct. 2, 2009

Authorities have identified the two people killed in a four-vehicle crash on Thursday night as Curtis L. Johnson,36, and his stepdaugthter Crystal Johnson,13, of Hartwell, GA. They both died as a result of the fire, which started with the 18-wheeler. The accident occured in the eastbound lanes of US-76 near the Marion and Florence County Lines meet. Included in the accident was an 18-wheeler truck, a dump truck, and two passenger vehicles. The accident is still under investigation.

Mans Dies Hours After Accident

derricklawfirm@sc.rr.com (News Author)10654 — Thu, 01 Oct 2009 08:00:00 EST

Oct. 3, 2009

George R. Andrews dies from injuries he substained in a car crash about 10:30 p.m. Tuesday, September 30, 2009. Florence County Coroner Bubba Matthews said the accident happened around 6 p.m. when his truck slammed into the rear of a farm truck that was slowing to make a turn off Spring Branch Road, according the the S.C. Highway Patrol.

Two Buses in Less Than Two Hours

derricklawfirm@sc.rr.com (News Author)10583 — Tue, 29 Sep 2009 08:00:00 EST

Two buses in Georgetown crashed in less than two hours apart, on Tuesday Sept. 29, 2009. The first bus crashed around 7:20 a.m. at Graves Station Road and US 512., and the second bus crashed around 8 a.m. at McDonald Road and US 521. No one was injured, but South Carolina Highway Patrol are still investigation the accidents.

US 17 Bypass Shut Down By Police

derricklawfirm@sc.rr.com (News Author)10450 — Wed, 23 Sep 2009 08:00:00 EST

Sept. 23, 2009

A car crash in Myrtle Beach shut down US 17 Bypass for about two hours, and sent four people to the hospital. Police say that a convertible was t-boned by an SUV. The people in the car were thrown out of the car after the driver lost control. The driver of the convertible was giving a ticket for failing to yield.

Horse killed by Horry County School Bus

derricklawfirm@sc.rr.com (News Author)10449 — Tue, 22 Sep 2009 08:00:00 EST

Sept. 22, 2009

A horse was hit and killed by a school bus on Monday, September 21, 2009. Two horses escaped from their enclosed area, and one ran into the pathway of an Horry County school bus that was on route to Conway High School. No one was injured, but the horse died on impact. The bus was left with minor damages.

Accident on Horry County Road Takes a Life

derricklawfirm@sc.rr.com (News Author)10393 — Thu, 17 Sep 2009 08:00:00 EST

Sept. 17, 2009

Fatal car crash takes life of thirty year old male in Horry County. Roi Kenneth Jenkins died from multiple blunt force trauma at the scene of an accident in Horry County Saturday night. South Carolina Highway Patrol said, "he was driving west on Mt. Olive Church Road between Highway 917 and Highway 9 around 11p.m", when he ran off the left shoulder of the road. He then over-corrrected , which caused him to collide into a tree.

Insurance Cancellations Keys in Health Care Debate

derricklawfirm@sc.rr.com (News Author)10312 — Thu, 10 Sep 2009 08:00:00 EST

Sept. 10, 2009

The practice of insurance rescission has become a key component in the ongoing debate over health care reform, the Washington Post reports. While statistics on the number of policyholders who lose their coverage because of an existing condition remain hazy, some of the nation's largest insurers have recently paid nearly $20 milliion in fines for abandoning policyholders. For their part, the insurance industry argues that policy cancellation is necessary to help control fraud.

Family Files Lawsuit Over Fatal Bicycle Accident

derricklawfirm@sc.rr.com (News Author)10314 — Thu, 10 Sep 2009 08:00:00 EST

Sept. 11,2009

A van driver and her employer were negligent in the death of a molecular researcher killed in a bicycling accident earlier this year, a lawsuit filed Thursday claims. According to the lawsuit, the 2006 Ford Econoline van driven by an Ambient Control Co., Inc. employee caused the accident when it attempted to perform a U-turn while crossing a bike lane. The lawsuit seeks damages on behalf of the decendent's children, an attorney said.

Jury Awards Damages to Drunken Driving Victim

derricklawfirm@sc.rr.com (News Author)10315 — Thu, 10 Sep 2009 08:00:00 EST

Sept. 14, 2009

A Wisconsin jury has awarded $3.1 million to a woman who suffered multiple injuries in a crash with a drunken driver. In the verdict, jurors found that David M. Bowe was negligent for causing the 2005 head-on collision that left Debra Mayer with a punctured lung, fractured rib, two broken teeth, broken left arm, broken left leg, and broken left foot. The award includes $750,000 in punitive damages.

Labor Day wreck claims life of Hopkins woman

derricklawfirm@sc.rr.com (News Author)10297 — Tue, 08 Sep 2009 08:00:00 EST

Kelly Davis with The State Paper, reports that a Hopkins lady was killed on Labor day when her car lefft the road, hit a ditch and overturned. The wreck occurred in Richland County on US 76. The name of the lady has not yet been released.

Woman found 19 hours after wreck

derricklawfirm@sc.rr.com (News Author)10298 — Tue, 08 Sep 2009 08:00:00 EST

Tuesday, Sep. 08, 2009

The Sun News, reports that Children on bicycles found 38-year-old, Sandra E. Fuller, 19 hours after her sports utility vehicle ran off the road into an embankment. Fuller's sports utility vehicle was covered in trees and bushes that made it impossibe to spot from the roadside. Authorities say their were no life threaten injuries, but she was dehydrated.

Boat Accident injures 3

derricklawfirm@sc.rr.com (News Author)9981 — Fri, 14 Aug 2009 08:00:00 EST

A boat accident on Lake Murray injured 3 people. A 20-foot Sea Ray operated by Donald Goeckner collided with a 24-foot pontoon operated by Donald Stevens. The injured were taken to the hospital, but none were thought to have life-threatening injuries. The accident is being investigated.

A car accident in Conway kills a 44-year-old woman on Friday morning

derricklawfirm@sc.rr.com (News Author)9980 — Fri, 14 Aug 2009 08:00:00 EST

A car accident in Conway kills a 44-year-old Latta woman Friday morning. The accident backed up traffic on U.S. 501 for hours. The victim was pronounced dead at the scene. Her name has not been released pending family notification. The Sun News in Myrtle Beach has the full story The crash occurred on Highway 501 and sent three other people to area hospitals.

Biker charged with Felony DUI for death of his passenger

derricklawfirm@sc.rr.com (News Author)9663 — Wed, 29 Jul 2009 08:00:00 EST

Wayne Moyer has been charged with felony DUI after blood analysis showed he was twice the legal limit when he crashed his motorcycle in April, killing his passenger, Kimberly Etchison. The crash occurred on Highway 501 in Conway. The estate of Kimberly Etchison is being represented by Dirk Derrick of The Derrick Law Firm.

31 year old Lady loses life due to reckless driver

derricklawfirm@sc.rr.com (News Author)9664 — Wed, 29 Jul 2009 08:00:00 EST

Sarah Stellings was killed on Wednesday afternoon while driving lawfully in Georgetown. While driving on a bridge in Georgetown, a car changed lanes and caused her to run off the road and lose control. She was then hit by two additional seats. Even though she was wearing her seatbelt, she was killed. She died of multiple trauma injuries including internal bleeding an skull fracture.

The unidentified at-fault party, driving a gold car, left the scene of the accident. In just a second, someone's inattention or recklessness has changed the lives of Ms. Stellings' family forever.

Jet-skier flown to MUSC after accident

derricklawfirm@sc.rr.com (News Author)9594 — Sat, 25 Jul 2009 08:00:00 EST

The Sun News is reporting A man was injured in a jet ski-boat accident on the Intracoastal Waterway between Bucksport Marina and Enterprise Landing late Saturday afternoon. According to Horry County Fire and Rescue, he was being flown by helicopter to the Medical University of South Carolina in Charleston.

Cartner said the man was taken ashore at Enterprise Landing and was in serious but stable condition. He did not have any details on how the accident happened.

Talking on a phone impairs a driver as much as having a blood alcohol content of .08 percent

derricklawfirm@sc.rr.com (News Author)9592 — Sat, 25 Jul 2009 08:00:00 EST

New National Highway Traffic Safety Administration's research shows that drivers using cell phones are significantly more likely to cause an accident than those who aren't. According to a report in The New York Times , data for the study show that in 2002, cell phone use by drivers resulted in 955 fatalities and 240,000 accidents.

That happened at a time when an estimated 6 percent of drivers were talking on cell phones at any given time, a percentage that's estimated to have doubled since then, according to The Times' report.

The research, 266 pages of it that were made public in their entirety for the first time this week, was convincing enough that then-Transportation Secretary Norman Mineta had a letter drafted warning states of the danger and cautioning them that mandating hands-free devices probably was not enough to fully mitigate these hazards. She said “We recommend that drivers not use these devices … except in an emergency. Moreover, we are convinced that legislation forbidding the use of handheld cell phones while driving will not be effective since it will not address the problem. In fact, such legislation may erroneously imply that hands-free phones are safe to use while driving.”

Other studies have shown that any phone conversation — even with a hands-free device — impairs a driver enough to make him a danger.

One study conducted by the University of Utah in 2006 shows that talking on a phone impairs a driver as much as having a blood alcohol content of .08 percent, the point at which a driver is legally drunk in South Carolina.

A 2003 Harvard study puts the estimated annual death toll from cell phone-driving combinations at 2,600, according to The Times.

Alcohol likely a factor in head on collision killing 4 people

derricklawfirm@sc.rr.com (News Author)9593 — Sat, 25 Jul 2009 08:00:00 EST

A driver, thought to be intoxicated, kills four people Saturday when he drove his truck the wrong way on Interstate 95 colliding head on with a minivan headed from New York to Florida.

Trooper Chris Cuddington said "alcohol is going to be a factor."

The four killed in the accident were the truck driver, Michael Delph, 28, of Clemson, S.C., and three people in the minivan, Michelle Carryl, 41, of Apopka, Fla., Cyril Millington, 59, of Queens, N.Y., and Dwight Spencer of Apopka.

Carryl's children, a 15-year-old boy and girls 9 and 13 were taken to Memorial Health University Medical Center in Savannah. They were expected to survive their injuries, Cuddington said.

Myrtle Beach not including motorcycle laws in tour books

derricklawfirm@sc.rr.com (News Author)9540 — Tue, 21 Jul 2009 08:00:00 EST

Lorena Anderson - landerson@thesunnews.com of the Sun News reports that:

"People looking for the latest tourist information about Myrtle Beach probably won't find much about the city's motorcycle helmet ordinance or noise laws in tour books and guides, at least this year."

15 ordinances and amendments - including the local helmet law, a heightened noise ordinance and a juvenile curfew were passed last fall. The purpose was to discourage some of the activities involved with the motorcycle rallies.

The city of Myrtle Beach have developed a web site ( www.myrtlebeachbikerinfo.com ) aimed at letting bikers know of laws before arriving.

Car Accident in Conway leads to injuries and knocks out power

derricklawfirm@sc.rr.com (News Author)9541 — Tue, 21 Jul 2009 08:00:00 EST

Tonya Root troot@thesunnews.com of the Sun news reports that "a two vehicle crash on U.S. 378 outside of Conway knocked power out for awhile to some residents in that area"

The accident occurred about 12:30 p.m. Tuesday when a truck pulled out from Pee Dee Highway onto U.S. 378 in front of a Mercedes. EMS transported the drivers to the hospital.

Truck Accident sends five to hospital

derricklawfirm@sc.rr.com (News Author)9498 — Mon, 20 Jul 2009 08:00:00 EST

Truck Accident sends five to hospital
Accident involving a tractor- trailer truck and a Yukon sent 5 people to the hospital. The accident that occurred on highway 9 is being investigated.

9 year old girl struck by car in Myrtle Beach

derricklawfirm@sc.rr.com (News Author)9479 — Sat, 18 Jul 2009 08:00:00 EST

A 9-year-old girl is was struck by a SUV on Highway 17 near 23rd Avenue North on Friday morning. The girl was hit when she changed directions while crossing the road with her relative. Apparently a siren from an ambulance scared or startled her while she was crossing and she made a turn to get out of the highway.

Fan distributor agrees to pay $587,500 settlement

derricklawfirm@sc.rr.com (News Author)9477 — Fri, 17 Jul 2009 08:00:00 EST

A distributor of fans has agreed to pay in excess of $500,000 to settle a case alleging the company failed to timely report a defect and fire hazard in its oscillating fans.

The settlement was reached between the distributor, Haier America Trading LLC, and the Consumer Product Safety Commission. Manufacturers, distributors and retailers are required by law to immediately report defects that could create safety hazards. The Oscillating Tower Fan, model FTM140GG, is the fan in question.

Yet another driver charged with DUI after head-on collision

derricklawfirm@sc.rr.com (News Author)9478 — Fri, 17 Jul 2009 08:00:00 EST

Yet another person charged with DUI after a head on collision on Highway 90. A South Carolina Trooper indicates that Pamela Green crossed the middle line to avoid a car in front of her and hit a truck driven by James Hughes head-on. Ms. Green is from Nichols. Both drivers were taken to Grand Strand Hospital and no one is reporting their conditions at this time. Ms. Green was charged with DUI and driving without a license.

Manning man killed in head-on car accident

derricklawfirm@sc.rr.com (News Author)9462 — Thu, 16 Jul 2009 08:00:00 EST

A head-on collision took the life of a 25-year-old Manning man Tuesday afternoon. His passenger was taken to the hospital. The driver's Ford pickup left his lane, overcorrected and struck an oncoming Chevrolet pickup. Overcorrecting a vehicle is one of the leading causes of death and serious personal injuries.

Click here to see a video teaching the proper "SAFE" way to correct your vehicle if it leaves the road.

National Transportation Safety Board Investigators determine trolley crash in May 2008 could have been prevented

derricklawfirm@sc.rr.com (News Author)9428 — Tue, 14 Jul 2009 08:00:00 EST

National Transportation Safety Board Investigators determine trolley crash in May 2008 could have been prevented. Terrese Edmonds died while operating her trolley when she hit another trolley. The investigators determine that if the trolley had been equipped with an automatic braking system, the wreck would not have occurred. Other lines had the braking system at the time.

A second Green Line trolley accident occurred in May due to the operator sending a text-message. Aiden Quinn, 24, was indicted on charges of grossly negligent operation. More than 50 were injured in that crash.

Dennis Carl Smith charged with Felony DUI for 2nd time after killing two teenagers

derricklawfirm@sc.rr.com (News Author)9429 — Tue, 14 Jul 2009 08:00:00 EST

After serving no time for a felony DUI in 1998, Dennis Carl Smith, killed two teenagers and a third remains in critical condition after being plowed by the vehicle driven by Smith. The wreck happened in Darlington County.

Smith apparently only paid a fine when he was convicted in 1998. When is our society going to decide to stop the needless killing of people on the road by making the punishment so bad that people will stop drinking and driving. The damage caused by alcohol is unbelievable, but we keep turning our heads as a society.

Bail set and paid by Myrtle Beach man charged with felony DUI

derricklawfirm@sc.rr.com (News Author)9417 — Mon, 13 Jul 2009 08:00:00 EST

Monday, Jul. 13, 2009

Hunter Sharp, paid his bail of $15,000 after being charged with felony driving under the influence with great bodily injury. Mr. Sharp, is 23 years old was charged after crashing his car into a tree and injuring his passenger.

For the full story written by Kurt Knapek - click here.

Weekend full of serious injuries and death on our local highways

derricklawfirm@sc.rr.com (News Author)9418 — Mon, 13 Jul 2009 08:00:00 EST

At least 4 people lost their lives on local roads this weekend.

Javier Atlahuac-Tezoyoti was killed on Sunday afternoon when the truck he was driving ran off the road and overturned. The accident occurred outside of Loris. He was allegedly not wearing a seatbelt.

Atrivas Gilbert Brown, a 17 year old man, died from injuries he sustained in an accident Saturday in Darlington County. He was sitting at a red light and rearended by a driver who has been charged with DUI. 19 year old Antonio McFadden was also a passenger in the car with Brown and he also died from the injuries he sustained. A third passenger remains in critical condition.

An unidentified man was killed Saturday in a one car accident in Marlboro County.

Woman Gets 7 Years for killing couple on sidewalk

derricklawfirm@sc.rr.com (News Author)9391 — Sat, 11 Jul 2009 08:00:00 EST

Holly Maree Hembree of Easley has been sentenced to seven years in prison for killing a couple walking on a sidewalk in Berea. She pled quilty to 2 counts of reckless homicide. Ms. Hembree hit the couple after a night out at a Greenville bar.

Bill and Ruth Carey were killed and Ms. Hembree left the scene, went home and went to sleep.

click here for full story.

The Lexington County Coroner's Office and the South Carolina Highway Patrol are investigating an early morning one-car accident.

derricklawfirm@sc.rr.com (News Author)9392 — Sat, 11 Jul 2009 08:00:00 EST

The Lexington County Coroner's Office and the South Carolina Highway Patrol are investigating an early morning one-car accident. The accident occurred at approximately 5:15 am at the 2400 block of Broad Street, in Batesburg-Leesville. Coroner Harry O. Harman states that Willie James Peterson, Jr., age 31, who was driving a 2000 Chevrolet, lost control of the vehicle, ran off the road, and struck a tree on the passenger's side. Mr. Peterson was not wearing a seat belt, and died at the scene.

For full story click here.

4th Circuit Chief Judge Williams retires

derricklawfirm@sc.rr.com (News Author)9387 — Fri, 10 Jul 2009 08:00:00 EST

By Jeffrey Collins - The Associated Press

COLUMBIA -- The chief judge of the 4th U.S. Circuit Court of Appeals said Thursday she is retiring because she has early onset Alzheimer's disease and doesn't want her future rulings to be questioned.

Judge Karen Williams, 57, sent a letter to President Obama on Wednesday night to let him know of her decision.

By the next day, her name was off the court's Web site, leaving five open seats on a 15-judge court that has for years has been considered one of the most conservative courts in the land. It falls to the Democratic president to nominate judges to fill them.

Williams' clerk said she wasn't giving interviews, but released a short statement from her Orangeburg office.

"Judge Williams has been diagnosed with early onset Alzheimer's and while she is presently able to perform her judicial duties, because of the nature of the disease she has elected to retire so any future decisions would not be called into question," the statement read.

The 4th Circuit covers cases in South Carolina, North Carolina, Virginia, West Virginia and Maryland.

Blogger explores danger of cellphones to children.

derricklawfirm@sc.rr.com (News Author)9388 — Fri, 10 Jul 2009 08:00:00 EST

In a blog at the New York Times (7/10) Warren Buckleitner explores the possibility that cellphone radiation may harm children. He discusses several conflicting studies. An FDA spokesperson says, "While some scientific studies have shown an association between adverse health outcomes and exposure to radio-frequency energy similar to that emitted by cellphones, attempts at replication and confirmation have failed." He concludes, "Unfortunately, if there are harmful effects to the human race, it may take multiple generations of continued exposure to really know, and so far, we're the first."

FDA not sure how Nestle cookie dough became contaminated.

derricklawfirm@sc.rr.com (News Author)9389 — Fri, 10 Jul 2009 08:00:00 EST

FDA not sure how Nestle cookie dough became contaminated.
The AP (7/9) reported the FDA said Thursday that the "strain of E. coli found in a sample of raw cookie dough collected at a Nestle USA manufacturing plant does not match the strain that has been linked to a 30-state outbreak, and they aren't sure how the dough was contaminated." The FDA and CDC "have been investigating whether the cookie dough was the source of the E. coli outbreak which has sickened at least 69 people in about 30 states."

Crash on Interstate 26 involves 42 vehicles

derricklawfirm@sc.rr.com (News Author)9355 — Wed, 08 Jul 2009 08:00:00 EST

The Associated Press

CHARLESTON, S.C. -- The South Carolina Highway Patrol says 42 vehicles crashed in a chain-reaction accident on Interstate 26, sending 16 people to the hospital.

The Post and Courier of Charleston reported that the accident near Summerville involved 11 separate collisions during Monday's afternoon rush hour during a thunderstorm.

The accident happened about 5:20 p.m. about 20 miles northwest of Charleston. Highway Patrol Cpl. Paul Brouthers says some vehicles in the westbound lane slowed because of the weather, but some behind didn't.

Salmonella product recalls

derricklawfirm@sc.rr.com (News Author)9356 — Wed, 08 Jul 2009 08:00:00 EST

The Associated Press

The following recalls have been announced because the products may be contaminated with salmonella, an organism that can cause serious and sometimes fatal infections, especially in young children, the elderly and those with weakened immune systems:

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C.F. Sauer Co. is recalling select batches of several of its sauce mixes. No illness has been reported. The recall includes select code dates of brown gravy, brown gravy with mushrooms, brown gravy with onions, turkey gravy, pork gravy, country sausage gravy, country style gravy, Alfredo sauce mix, Cajun gumbo mix and Hollandaise sauce mix produced under the Sauer's, Gold Medal and Piggly Wiggly labels. The recalled sauce mixes were sold in Alabama, Georgia, North Carolina, South Carolina, Mississippi, Michigan, Ohio, Tennessee, Virginia, West Virginia, Kentucky, Florida and Pennsylvania. Details: by phone at 800-688-5676.

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Trans-Packers Services Corp. is recalling about 6,300 packets of Dairy Shake blends. No illness has been reported. The recall includes: 6,000 packets of strawberry/banana flavored mix, 200 packets of vanilla flavored mix and 100 packets of strawberry flavored mix. The packets were distributed nationwide through Emergency Essentials Inc. and Saratoga Trading Co.

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Max Muscle Sports Nutrition is recalling seven whey protein concentrate products. No illness has been reported. The recall includes various lots and flavors of Big Max 50, Max Gourmet, Max Lean, Max Gourmet Gainer, High Five, Triple Whey and Max Pro products. Calico Cottage Inc. is recalling 10-ounce gourmet hot cocoa mix pouches.

S.C. man dies after being shocked, falling 100 feet

derricklawfirm@sc.rr.com (News Author)9366 — Wed, 08 Jul 2009 08:00:00 EST

The Associated Press

BENNETTSVILLE, S.C. -- A man has died after he apparently was shocked and fell 100 feet from a South Carolina high school football stadium where he was changing lightbulbs.

The Morning News of Florence reported that 36-year-old John Christopher Touchberry of Florence died about noon Tuesday after he fell at McAlpine Stadium in Bennettsville.

Police Sgt. Larry Turner says Touchberry was electrocuted and later fell about 100 feet from his work platform. Police say Touchberry was on the lighting tower platform for some time before he fell.

http://www.scnow.com

Deputy charged after boating crash

derricklawfirm@sc.rr.com (News Author)9367 — Wed, 08 Jul 2009 08:00:00 EST

A deputy with the Brunswick County Sheriff's Office has been charged after a boat crash, according to a news release from the Brunswick County Sheriff's Office.

Deputy Charles Murray, 37, was involved in a boating incident July 3 in the waterway area of Holden Beach, N.C., while off duty and while operating his personal watercraft, the release stated.

Murray is charged by the N.C. wildlife department with boating while impaired, and reckless operation of a boat.

Murray is also suspended, pending an investigation by the N.C. Wildlife Resource Commission as well as the Brunswick County Sheriffs Office Professional Standards Division, the release stated.

Murray was hired August 31, 2004. His current salary is $38,159, the release stated.

The families of five people killed in a fiery 2007 crash are suing a convicted drunken driver and two bars

derricklawfirm@sc.rr.com (News Author)9368 — Wed, 08 Jul 2009 08:00:00 EST

Read Article: Philadelphia Inquirer
The Associated Press

MORGANTOWN, W.Va. - The families of five people killed in a fiery 2007 crash are suing a convicted drunken driver and two bars that served him for negligence and wrongful death.

A lawsuit filed in Monongalia County Circuit Court names Brian Stone, Automatic Slim's Hot Spot and Novichenk's Tailgater's Pub 2 as defendants.

The complaint says bar employees knew or should have known Stone was already impaired when they served him the night of the crash. Police said his blood alcohol content was nearly three times the state's legal limit.

Stone was convicted in 2008 of 25 charges, including five counts of DUI causing death. He was sentenced to up to 56 years in prison.

Killed in the crash on Interstate 68 near Morgantown were: Courtney Evans, 30, of Baltimore, Md., and his 12-year-old son, Sawyer; and Donnell Perry, 52, of Clarksburg, and his daughters, Jentil, 15, and Jacquesha, 13.

Stone had been charged with at least six DUIs in West Virginia and Pennsylvania, and convicted of three of them before the deadly accident.

Darvon, Similar Drugs to Carry Stronger Warnings

derricklawfirm@sc.rr.com (News Author)9369 — Wed, 08 Jul 2009 08:00:00 EST

Read Article: The Washington Post

The Food and Drug Administration said Tuesday that it will require stricter labeling of drugs containing propoxyphene, a mild opioid painkiller that the European Union's FDA-equivalent decided last month to phase out of use.

The trade name of the drug is Darvon. Combined with acetaminophen -- a non-addictive painkiller that FDA issued a warning about last week -- it is sold as Darvocet.

The activist organization Public Citizen in 2006 petitioned the FDA to ban propoxyphene. In January, a committee of experts advising the agency voted 14 to 12 that the drug should be withdrawn. On June 25, the European Medicines Agency announced the drug would be phased out of use.

In its decision Tuesday, however, the FDA concluded that propoxyphene is useful enough to remain on the market, at least for now.

Propoxyphene has been on the market since 1957. From 1969 through 2005, 91 deaths attributed to the drug have been reported to the FDA, although that is assumed to be only a small fraction of the total fatalities. Some of the deaths may have occurred because of an effect on the heart called "QT prolongation," which can lead to a deadly arrhythmia.

Study indicates number of Emergency Room visits for computer-related injuries have increased

derricklawfirm@sc.rr.com (News Author)9341 — Tue, 07 Jul 2009 08:00:00 EST

In the New York Times (7/7, D7) Vital Signs column, Nicholas Bakalar writes, "Researchers, in a study in the July issue of The American Journal of Preventive Medicine, estimate that in 2006 there were 9,279 emergency" department [ED] "visits for computer-related injuries, up from 1,267 in 1994." For the study, researchers analyzed "data...from the National Electronic Injury Surveillance System, which is managed by the Consumer Product Safety Commission." Data indicate that "over the 13-year study period, more than 78,000 people ages one month to 89 years were treated in [EDs] for acute computer-related injuries." The increase "is more than double the increase in home computer ownership in those years." Notably, "more than half of the injuries happened when people were moving their computers, and the monitor was the part most commonly involved."

Columnists advise consumers on acetaminophen risks following FDA panel recommendations

derricklawfirm@sc.rr.com (News Author)9338 — Tue, 07 Jul 2009 08:00:00 EST

Columnists advise consumers on acetaminophen risks following FDA panel recommendations.
Melinda Beck writes in the Wall Street Journal (7/7) Health Journal column, "Whether or not the Food and Drug Administration decides to limit sales of acetaminophen, consumers should know this: It's easy to take more than the recommended daily dose without realizing it. The margin between a safe dose and a potentially lethal one is small. The first symptoms of acute liver failure caused by an overdose seem like the flu and don't set in for several days, by which time it may be too late to save your liver and consequently your life." Beck also writes that acetaminophen grew "in popularity in large part because of its reputation for safety," but "pain experts say that reputation for safety may be lulling consumers into complacency. Some consumers don't think twice about popping more than the recommended amount and don't bother to read the ingredients on familiar over-the-counter products."

Similarly, in her Well column in the New York Times (7/7, D5) Tara Parker-Pope poses some questions and answers regarding the panel's recommendations, the news of which "left many consumers confused and alarmed." For instance, Pope poses the question of whether consumers should "switch to other types of over-the-counter pain relief" and answers: "Emphatically, no. Every drug has risks and side effects, but over all the risk of acetaminophen to any individual is low." Pope also says the main lesson from the panel's review was that because "acetaminophen is in so many products, consumers need to be vigilant about reading labels, and they need to keep track of how much of the drug they are ingesting daily."

Matrixx discloses class action suits related to Zicam.

derricklawfirm@sc.rr.com (News Author)9339 — Tue, 07 Jul 2009 08:00:00 EST

Matrixx discloses class action suits related to Zicam.
The AP (7/7) reports that Matrixx Initiatives Inc. "disclosed several class action lawsuits related to its withdrawn cold treatment Zicam." The company said last week that "it is aware of six class action lawsuits connected to Zicam," as well as one "personal injury lawsuit involving 117 plaintiffs." Regulators "advised consumers to stop using Zicam products in mid-June, because the zinc in Zicam swabs and gel may damage the sense of smell," and the company "started a voluntary recall on June 24." Matrixx stated "in a filing with the Securities and Exchange Commission" that it "intends to vigorously defend each of the recently filed lawsuits." The suits involve "residents of Arizona, Illinois, California, Florida, Texas, Minnesota, Wisconsin, and Missouri." Matrixx said that "the California suit 'alleges, among other things, that the company concealed or omitted material information regarding the safety of the nasal gel products."

Federal regulators announce recall of children's pool floats, cribs.

derricklawfirm@sc.rr.com (News Author)9340 — Tue, 07 Jul 2009 08:00:00 EST

Federal regulators announce recall of children's pool floats, cribs.

The Los Angeles Times (7/2, Lade) reported that the Consumer Product Safety Commission is announcing the recall of "inflatable baby floats - shaped like turtles, ducks, power boats and other figures" which are being "voluntarily pulled by distributor Aqua-Leisure Industries after 31 reports of the seats tearing and dropping youngsters into the water." The second action, initiated by the CPSC rather than the manufacturer, recalls more than 400,000 Simplicity drop side cribs for the same hazard that forced one million Simplicity cribs off the market in September 2007: the upgraded plastic hardware still could bend or break, causing the drop side to detach. In the earlier recalls, Simplicity issued hardware replacement kits rather than giving consumers new cribs." The New York Times /AP (7/3, A18) also runs a short piece on the Simplicity crib recall.

The Oregonian (7/7) reports, "The U.S. Consumer Product Safety Commission has announced a voluntary recall of about 4 million inflatable baby floats made by Aqua-Leisure Industries because the leg straps in the float seat can tear, causing children to unexpectedly fall into or under the water, posing a risk of drowning." While there "have been 31 reports of float seats tearing" there have not been any injuries reported.

The Philadelphia Inquirer (7/3, Fernandez) reported "government safety regulators said yesterday that parents should discard drop-side Simplicity cribs sold mostly through Wal-Mart and other mass retailers. Ten infant deaths in recent years have been blamed on Simplicity cribs, the government said. 'You should not put your baby to bed tonight in a Simplicity drop-side crib,' said Scott Wolfson, spokesman for the U.S. Consumer Product Safety Commission. But the agency said its warning did not apply to cribs on which parents had installed special hardware. The agency recalled an additional 400,000 Simplicity cribs yesterday, bringing the total number of recalled Simplicity cribs to two million in the last two years. The cribs recalled yesterday were sold at discount stores between January 2005 and last month."
400,000 Simplicity cribs recalled.

The AP (7/6) reports, "About 400,000 Simplicity drop side cribs are being recalled for posing a suffocation or entrapment hazard." The CPSC alleges that "the crib's hardware can break or deform, allowing the drop side to detach" which "creates a gap between the mattress and the side of the crib, where a small child could be trapped or suffocated." Four million baby floats recalled.

Three bike rally-related lawsuits are still pending in Court.

derricklawfirm@sc.rr.com (News Author)9332 — Tue, 07 Jul 2009 08:00:00 EST

Three bike rally-related lawsuits are still pending in Court.

Doghouse and Steel Horse Saloon owner Don Emery, The Master's Club, www.myrtlebeachbikeweek.com and other business owners have a federal case pending alleging the city's new ordinances are overbroad, unconstitutional and restrict interstate commerce.

The state Supreme Court has pending a challenge regarding a ticket received for not wearing a helmet.

The O'Days, from Myrtle Beach, have a case pending in State court regarding 15 ordinances passed last fall by the city of Myrtle Beach to deal with some of the noise, traffic and public partying issues that have been common complaints during May's Harley-Davidson spring Cruisin' the Coast and Atlantic Beach Bikefest motorcycle rallies.

OSHA to investigate Disney monorail crash.

derricklawfirm@sc.rr.com (News Author)9342 — Tue, 07 Jul 2009 08:00:00 EST

OSHA to investigate Disney monorail crash.
The AP (7/6) reported that the Occupational Safety and Health Administration "has opened an investigation into the death of an operator of Walt Disney World's monorail train." The investigation will examine "whether any workplace safety rules were broken that led to 21-year-old Austin Wuennenberg's death Sunday when a monorail train crashed into another one."

The Chicago Tribune (7/7, Garcia, Powers) reports that in addition to OSHA, "the National Transportation Safety Board said Monday it will investigate the deadly collision on Walt Disney World's monorail, an unprecedented move by a federal agency best known for probing airline crashes."

The AP (7/7, Schneider) reports, "The monorail system, which shuttles thousands of visitors around the sprawling resort each day, was shut down Sunday but Disney officials reopened it to visitors Monday afternoon."

Grassley probing Aetna over healthcare plan that left Texas man owing $200,000.

derricklawfirm@sc.rr.com (News Author)9343 — Tue, 07 Jul 2009 08:00:00 EST

Grassley probing Aetna over healthcare plan that left Texas man owing $200,000.
The New York Times (7/3, B4, Abelson) reported that Iowa Sen. Charles Grassley (R) last week wrote to Aetna "asking for details about a policy it sold to a man in Texas that left him owing nearly $200,000 in medical bills. The man, Lawrence Yurdin, age 64, was included in a front-page article in The New York Times on Tuesday about the many people whose insurance coverage does not protect them from financial ruin in the case of a medical crisis. Although Mr. Yurdin and the hospital where he received heart treatments say they both understood that the Aetna policy covered up to $150,000 a year in hospital care, the fine print excluded nearly all of the medical care he received. He and his wife, Claire, filed for personal bankruptcy in December." The Times notes that Grassley "also investigated some of the health plans that another insurer, the UnitedHealth Group, sold through AARP, the advocacy group for older people. Those plans, which also had sharp limits on coverage, are no longer being sold."

OSHA regulators flag Delaware refinery for workplace safety violations.

derricklawfirm@sc.rr.com (News Author)9344 — Tue, 07 Jul 2009 08:00:00 EST

OSHA regulators flag Delaware refinery for workplace safety violations.
The Wilmington News Journal (7/3, Nathans) reported that inspectors with OSHA "have cited Valero for violations at its Delaware City refinery, proposing fines totaling $107,500. The investigation was part of a national sweep of refineries, which emphasized the use of proper workplace safety processes. ... The violations include repeated failure to conduct and document inspections and tests on its refinery equipment; and repeated failure to properly conduct a hazard analysis and maintain safety information for employees

FDA issues warning on energy drink after utility blade is found in vial.

derricklawfirm@sc.rr.com (News Author)9345 — Tue, 07 Jul 2009 08:00:00 EST

FDA issues warning on energy drink after utility blade is found in vial.
The AP (7/6) reports, "The Food and Drug Administration is warning consumers not to buy two types of energy drinks packaged in test-tube like vials, saying that utility knife blades were found in two vials in an apparent case of tampering." The agency said Sunday that "the blades were found in one vial each of Hardcore Energize Bullet drink and New Whey liquid products. Both are being recalled, according to the FDA."

DUI Arrests Up - Myrtle Beach Alcohol Related Deaths Down

derricklawfirm@sc.rr.com (News Author)9330 — Mon, 06 Jul 2009 08:00:00 EST

There were 77 DUI arrests from Friday through Sunday in the 8 county area that includes Horry and Florence Counties. Troopers say there were three fatalities from car wrecks during the same time period. However, none appear to be alcohol-related.

By assigning six troopers to the Horry County DUI team, Highway Patrol have made more DUI arrests and seen fewer alcohol-related deaths.

4th of July proves deadly on South Carolina Highways

derricklawfirm@sc.rr.com (News Author)9331 — Mon, 06 Jul 2009 08:00:00 EST

South Carolina Department of Public Safety says 11 people were killed over the Fourth of July weekend on South Carolina highways.

The weekend started at 6 p.m. Thursday and ended at midnight Sunday. Last year during the same Holiday, 7 people died.

As of Sunday night, 439 people have died on South Carolina highways this year.

2 fatal car accidents occur in Horry County

derricklawfirm@sc.rr.com (News Author)9308 — Sun, 05 Jul 2009 08:00:00 EST

A man and a woman were killed in separate crashes Friday in Horry County. One crash occurred at the intersection of Highway 9 and Highway 410 in the Green Sea community. Roylyn Lovett of Green Sea was traveling north on highway 9 when a 19-year-old woman from High Point, N.C. onto highway 9 from Highway 410. Ms. Lovett was pronounced dead at Loris Community Hospital. The crash is under investigation, and Collins said no charges have been filed.

The second crash occurred on Highway 554 about 10 miles south of Loris. Allen R. Floyd, 26, of Loris, was pronounced dead at the scene from internal injuries he suffered after his vehicle struck a tree, Horry County Coroner Robert Edge said. Floyd was driving a Chevrolet Cobalt north on Secondary Highway 554 when he apparently ran off the road, overcorrected and then ran off the other side and hit a tree.

Security Guard jumps into Window to Stop Drunk Driver

derricklawfirm@sc.rr.com (News Author)9300 — Sat, 04 Jul 2009 08:00:00 EST

Dozens of people along Ocean Boulevard on Wednesday night were horrified to see a man slamming his car into other cars, all while police say an officer was hanging on to the side of the man's car.

That man is now facing 10 counts of assault with the intent to kill, resisting arrest with a deadly weapon along with several drunk driving charges.

Witnesses say the man driving seemed to have no regard for property or people nearby and it took police and one quick acting security guard to stop him.

Police say driving that reckless car was Clark Tuttle. Witnesses say, with dozens of pedestrians nearby, Tuttle continued his destruction, all the while, a Myrtle Beach Police Officer was hanging on the side of the car. Police say Tuttle slammed into several other cars, to try and shake the officer.

Close by, on duty at the Ripley's Museum on Ocean Blvd, was Excalibur Security Guard Jawara Legette. Mr. Legette jumped through the passenger window, turned off the car and pushed the drunk driver out of his car before he could injured anyone else.

Fatal Car Wreck being investigated - Highway 544

derricklawfirm@sc.rr.com (News Author)9282 — Thu, 02 Jul 2009 08:00:00 EST

Thursday, July 02, 2009 at 3:12 p.m.

Highway Patrol is investigating a deadly accident on Singleton Ridge Road at Highway 544.
Horry County Fire Rescue indicates one person has died. A WPDE news crew on the scene reports an Horry County Police cruiser was involved in the crash.

Insurance Companies may be overcharging South Carolina Residents

derricklawfirm@sc.rr.com (News Author)9279 — Thu, 02 Jul 2009 08:00:00 EST

COLUMBIA, S.C. (AP) -- A new report says consumers in South Carolina could be paying too much for insurance.

The State reported Wednesday that the Legislative Audit Council report says the Department of Insurance needs to do a better job of documenting reasons for approving rate increases. The report also says many of the files reviewed were missing paperwork needed to prove why the increases were necessary.

The audit was requested two years ago amid concerns over increasing rates for workers' compensation insurance and coastal property insurance.

Information from: The State, http://www.thestate.com

Highway deaths are continuing to fall in 2009

derricklawfirm@sc.rr.com (News Author)9281 — Thu, 02 Jul 2009 08:00:00 EST

The government says highway deaths are continuing to fall in 2009 from their lowest levels in nearly a half-century.

The government reported Thursday that an estimated 7,689 people were killed on the nation's highways in the months of January through March of this year. That's a 9 percent decline from a year ago. AP

Myrtle Beach man traveling near 90 mph when he crashed vehicle, died

derricklawfirm@sc.rr.com (News Author)9270 — Wed, 01 Jul 2009 08:00:00 EST

Kurt Knapek - kknapek@thesunnews.com

A 43-year-old Myrtle Beach man was traveling at speeds of near 90 miles per hour when he crashed his vehicle into a tree and died Monday afternoon, according to a police report.

John Lafluer of Myrtle Beach died from trauma and was pronounced dead at 3:13 p.m. at Grand Strand Regional Medical Center, according to Horry County Deputy Coroner Tamara Willard.

Lafluer had been drinking, according to the police report.

EEOC Steps up Disability Suits

derricklawfirm@sc.rr.com (News Author)9240 — Tue, 30 Jun 2009 08:00:00 EST

The Equal Employment Opportunity Commission is stepping up enforcement of workplace disability regulations, the National Law Journal reports. Last week, the agency filed separate suits against Kmart Corp. and Beverage Solutions Inc. over claims that the companies wrongly fired workers with disabilities. Disability bias complaints rose by 10 percent in 2008 to their highest level in 14 years, according to the EEOC. Tresa Baldas, Law.com 06/30/2009

Wrongful death blamed on illegally imported drugs

derricklawfirm@sc.rr.com (News Author)9241 — Tue, 30 Jun 2009 08:00:00 EST

The family of a woman treated by a California doctor convicted of giving his patients foreign and mislabeled drugs has filed a lawsuit over the woman’s death. In the lawsuit, the family of Veronika Lind alleges that Dr. Vinod Chandrashekm Patwardhan administered adulterated drugs that hastened her death. Patwardhan currently awaits sentencing on one count of conspiracy, three counts of smuggling and two counts of introducing misbranded drugs into interstate commerce with intent to defraud or mislead. Sandra Emerson, Contra Costa Times 06/29/2009

Crash Raises concern about Automation

derricklawfirm@sc.rr.com (News Author)9242 — Tue, 30 Jun 2009 08:00:00 EST

Last week’s crash on Washington Metro's Red Line raises serious questions about the relationship between automated systems and the people who depend on them, experts tell the Washington Post. According to those who study such relationships, human users tend to become complacent and overly dependent on automated systems. These experts argue that automated systems should be used to enhance human performance rather than replace it. Shankar Vedantam, The Washington Post 06/29/2009

Two Chapin Children die in 4-vehicle wreck

derricklawfirm@sc.rr.com (News Author)9246 — Tue, 30 Jun 2009 08:00:00 EST

Two Chapin children, ages 5 and 3, were killed Monday morning in a four-vehicle wreck in Lexington County that injured their mother and sent two other drivers to the hospital, authorities said.

Parker Hewitt, 5, and his sister, Haley Hewitt, 3, died at the scene, Lexington County Coroner Harry Harman said. Both children were wearing seat belts and were properly secured in their car seats, he said.

Their mother, Crystal Hewitt, 30, was airlifted to the Medical College of Georgia in Augusta, authorities said. A hospital condition report was unavailable Monday evening, but Rick Jones, an associate pastor at Chapin Baptist Church, where the Hewitt family are members, said he was last informed she was conscious but might need back surgery. Rick Brundrett - McClatchy Newspapers

Couple dies in wreck when reckless driver speeded from a traffic stop

derricklawfirm@sc.rr.com (News Author)9230 — Mon, 29 Jun 2009 08:00:00 EST

Johnny Vice and his wife Betty were killed Sunday night by a reckless driver in North Charleston. The Vice vehicle was hit when a car ran a stop sign while running from the police. No arrest have been made as of Monday.

15 year old Georgetown student killed when he fell asleep while driving

derricklawfirm@sc.rr.com (News Author)9204 — Sun, 28 Jun 2009 08:00:00 EST

Dillon Michael Cook died early Saturday morning when he fell asleep while driving. He was a 15 year old Georgetown student.

36 year old Lori Pilot was killed in a one car accident near Loris on Thursday.

derricklawfirm@sc.rr.com (News Author)9165 — Fri, 26 Jun 2009 08:00:00 EST

36 year old Lori Pilot was killed in a one car accident near Loris Thursday morning. Her vehicle left the road and hit a ditch culvert.

Missing jet skier found

derricklawfirm@sc.rr.com (News Author)9166 — Fri, 26 Jun 2009 08:00:00 EST

Officials found missing jet skier who had entered the wacammaw river around 7 pm saturday afternoon.

Injections being used more and more for back pain

derricklawfirm@sc.rr.com (News Author)9132 — Wed, 24 Jun 2009 08:00:00 EST

Morgan Freeman denies fault in car crash

derricklawfirm@sc.rr.com (News Author)9052 — Sat, 20 Jun 2009 08:00:00 EST

Morgan Freeman is involved in a lawsuit wherein he is alleged to have been negligent in running off of a Mississippi road causing injuries to his passenger when the vehicle flipped. Interesting, Morgan's attorneys have pled that his female passenger somehow contributed to the accident.

Laws being considered to prevent TEXTING while driving

derricklawfirm@sc.rr.com (News Author)9050 — Sat, 20 Jun 2009 08:00:00 EST

Texting is rising quickly as a leading cause of car accidents. Because it usually requires you to remove your eyes from the highway for move than 2 seconds, it doubles your chances of being in an accident. Some states are considering legislation to make texting and driving illegal.

State Troopers trained in accident reconstruction

derricklawfirm@sc.rr.com (News Author)9051 — Sat, 20 Jun 2009 08:00:00 EST

The State of South Carolina is training State Troopers how to reconstruct accidents in cases involving death and serious injuries this week in Florence. These Troopers will one day become members of the MAIT team which are called when these catastrophic crashes occur. In Florence this week they are actually getting first hand field experience in interpreting skid marks and other evidence left behind after one of these accidents.

South Carolina Troopers looking for car in Kershaw county regarding a deadly wreck

derricklawfirm@sc.rr.com (News Author)9054 — Sat, 20 Jun 2009 08:00:00 EST

State Troopers are looking for the driver of a light blue Lincoln Towncar that was reportedly close to the scene of a deadly accident which killed a Bishopville man. Two passengers in the car were also injured, when it swerved to miss an oncoming vehicle.

Horry County Police Officer charged in motorcycle wreck

derricklawfirm@sc.rr.com (News Author)9055 — Sat, 20 Jun 2009 08:00:00 EST

An Horry County Police officer has been charged with causing a wreck when he pulled his vehicle in front of an oncoming motorcycle in Myrtle Beach, SC. The officer has been charged with failure to yield the right of way. The injured victim was taken to Grand Strand Hospital and treated for injuries.