Oregon Personal Injury Lawyer Blog — Portland Accident Attorney Dane E. Johnson

February 11, 2010

Pedestrian killed in Oregon border car crash identified

by Dane Johnson

The Oregonian is reporting that Oregon State Police have identified a pedestrian killed near the Oregon-California border last week. Lloyd Anthony Bell Sr. attempted to cross U.S. 101 when a car struck him. Mr. Bell was transported to a nearby hospital, but died shortly after.

According to police, Mr. Bell was hit while crossing a four lane highway with a 45-mph speed limit and no street lights. An investigation into the fatal pedestrian collision is continuing.

Pedestrian crashes causing serious personal injury or wrongful death occur with alarming frequency. Oregon Department of Transportation statistics show that over 550 pedestrians were injured and 45 were killed in motor vehicle crashes in Oregon in 2004. Worse, half of the pedestrians who are struck by vehicles are hit while they are in a crosswalk.

Under Oregon laws, a driver has specific duties to a pedestrian in a crosswalk, whether or not the crosswalk is marked. Remember these simple rules:

When turning at a signal, it’s your lane plus six feet. Drivers must stop and remain stopped for pedestrians until they have cleared the lane into which the vehicle is turning and at least 6 feet of the next lane.

At any other crosswalk, it’s your lane plus the next lane: Drivers must stop and remain stopped for pedestrians until they have cleared both the lane in which the vehicle is traveling and the next lane.

If a pedestrian collision has affected you or loved ones, a Portland, Oregon personal injury lawyer may be able to help recover compensation for your loss. The Law Office of Dane E. Johnson offers a no-cost, no-obligation attorney consultation to discuss your legal rights. Contact us toll free at (800) 714-3204 or online.

February 2, 2010

Semi truck strikes and kills Corvallis toddler at intersection

by Dane Johnson

Two-and-a-half-year-old Dylan Royle Ayer was killed Monday in a tragic Corvallis truck collision. KEZI News reports that the toddler was being pushed by his mother in a jogging stroller across Highway 99. A tractor-trailer reportedly stopped at the intersection of Old Highway 34, then tried to turn from 34 onto 99. Witnesses said that the semi then struck the stroller. The cause of the truck collision is undetermined at this time, and an Oregon State Police investigation is ongoing.

It is important to determine whether there has been negligence or misconduct in any catastrophic injury case. Persons or entities besides the drivers or pedestrians involved may have responsibility, and others may be at risk. A dangerous condition on the roadway, for example, may have caused or contributed to the incident. If so, then the city or state agency responsible for maintaining that roadway may be held liable. Any such claim against an Oregon state agency must be properly filed within 180 days of the injury. An Oregon personal injury lawyer can assist injured people and families in determining whether it may be possible to correct errors and prevent future harms, as well as recover compensation for lives lost to negligence or misconduct.

Oregon law requires a motor vehicle operator to at all times be aware of and exercise due care with respect to pedestrians on or about the roadway. ORS 811.005. At an intersection like the one involved here, which appears to have traffic signals in place, drivers must stop and remain stopped for pedestrians when the pedestrians are proceeding in accordance with a traffic control device or crossing the roadway in a crosswalk. A driver must also stop for a pedestrian in the driver’s lane of travel, in an adjacent lane, or within six feet of a lane into which the driver’s vehicle is turning. ORS 811.028.

If negligence or misconduct occurred, then families of deceased car accident victims have the right to file what is known as a wrongful death claim seeking compensation for medical expenses, burial expenses, loss of earning capacity, and mental suffering. If you have questions about Oregon personal injury law or need legal assistance, please contact us at (503) 975-8298 or online. Portland personal injury attorney Dane E. Johnson offers a case evaluation without charge or obligation.

February 1, 2010

Portland personal injury lawyer: Oregon’s new hands-free cell phone law likely not solution to traffic crashes caused by distracted driving

by Dane Johnson

The new Oregon law prohibiting cell phone use without a hands-free device while driving is still too new to determine whether it has reduced road accident injuries and deaths. A new study of two other states and the District of Columbia released by the Insurance Institute for Highway Safety, however, suggests that merely changing the form of driver distraction does not increase safety.

The study compared collision claims from California, New York, Connecticut, and Washington, D.C., which each ban drivers from using handheld phones, with claims from neighboring states that did not have cell phone bans. It found that the frequency of collision claims before and after hands-free laws took effect were no different. Apparently, hands-free laws have reduced hand-held cell phone use, but not lowered the rate of crashes.

A reasonable interpretation may be that drivers continue to be distracted by participating in cell phone conversations while driving, even when their hands are freed from holding phones. That would be consistent with National Safety Council findings showing that cell phone use is a very risky distraction, and texting while driving is an even higher risk.

As an Oregon personal injury attorney, I expect that our state’s statistics will soon echo those of the states where data indicates that cell phones continue to endanger drivers, passengers, and pedestrians. If you or loved ones have faced serious personal injuries or wrongful death as the result of an auto or truck collision, the Law Office of Dane E. Johnson offers a free, confidential consultation. Contact us toll free at (800) 714-3204 or online.

January 27, 2010

Oregon defective medical device: Shoulder pain pump lawsuit results in verdict for injured plaintiff

by admin

Jurors in a recent Oregon shoulder pain pump trial agreed with Portland products liability lawyers for the injured plaintiff in one of the first pain pump injury cases to reach a jury. The plaintiff sought compensation for a destroyed shoulder joint, alleging that an I-Flow On-Q Painbuster pump caused the damage after the medical device manufacturer encouraged surgeons to use its pump in an unapproved and unsafe manner for patients recovering from shoulder-joint surgery. Concluding that the pain pump destroyed cartilage when it was implanted in the plaintiff’s shoulder, the jury returned a $5.5 million verdict.

The U.S. Food and Drug Administration (“FDA”) has required medical device manufacturers to warn doctors that pumps filled with bupivacaine and similar anesthetics may cause a degenerative, extremely painful condition known as Postarthroscopic Glenohumeral Chondrolysis (“PAGCL”). PAGCL is a permanent condition that can involve progressive destruction of shoulder cartilage, reduced range of motion, pain, clicking and popping in the shoulder joint, and possibly the need for repeated shoulder replacement surgeries. The approved drug labels for local anesthetics like bupivacaine do not include an indication for continuous intra-articular postoperative infusions or use of infusion devices, such as elastomeric pain pumps.

In a similar pain pump lawsuit heard last year in Florida, a federal judge ruled in favor of medical device manufacturer Breg, Inc. The court in that case found that an individual who suffered a breakdown of his shoulder cartilage did not provide enough evidence linking the condition to the shoulder pain pump. The Multnomah County, Oregon jury’s verdict has now delivered an opposite result, showing that pain pump manufacturers may well face significant liability.

Whether companies will continue marketing medical devices for untested and unapproved uses remains to be seen. Shoulder pain pumps are profitable products, even when the costs of defending lawsuits is factored in. Paying judgments like the one rendered after the verdict in this case, however, is something else entirely. Products liability lawyers have filed numerous lawsuits against pain pump manufacturers, marketers, or distributers, including I-Flow, Stryker, DJO, Breg, and others. It may take much more than a pump to alleviate the pain that more verdicts like this one may cause the medical device industry’s bottom line.

If you or loved ones are harmed because of a defective medical device or other dangerous product, you may have a legal claim. Portland products liability lawyer Dane Johnson provides a no-cost, no-obligation case evaluation. Contact the Law Office of Dane E. Johnson online, or call us toll free at (800) 714-4204.

Related Web Resources
FDA, Infused Local Anesthetics Information

January 21, 2010

Child suffocation danger continues as more drop-side cribs recalled after infant death

by Dane Johnson

A new drop-side crib recall announced by the U.S. Consumer Product Safety Commission (“CPSC”) adds some 635,000 potentially dangerous products to the cribs pulled off the market last year in the largest crib recall in U.S. history. Detached drop sides can create spaces that can trap infants with their heads pressed into crib mattresses, causing suffocation and death.

The nonprofit child safety advocacy group Kids in Danger has warned that entrapment is the leading hazard for children’s sleep environment products, with 75% of recalls due to this danger. According to the CPSC, the most recent recall followed a 6-month old Iowa child’s reported death after the infant became entrapped and strangled in a Dorel Asia crib with broken drop side hardware. The crib allegedly continued to be used after the parents tried to repair the drop side themselves.

At least thirty-one other drop side incidents have apparently involved Dorel Asia crib models. The CPSC has stated that children were entrapped between the drop side and crib mattress in six of those incidents. Three children reportedly suffered from bruises as a result of the entrapment. In addition, CPSC and Dorel Asia received reports of 36 incidents of slat breakage, including seven reports of bruises and scratches to children and two reports of entrapment that resulted in no injury.

The cribs recalled were made in China and Vietnam and sold at Wal-Mart, Kmart, and Sears stores from January 2005 through December 2009 for $120 to $700. Several models have been recalled. A complete list of the twenty Dorel Asia crib models involved in the recall at this time can be found on the CPSC website.

If a defective nursery product has caused a child’s serious personal injury or wrongful death, the Law Office of Dane E. Johnson believes that the manufacturer and retailer should be held accountable. Parents seeking a child products liability lawyer may contact Portland, Oregon personal injury attorney Dane Johnson for a legal evaluation without charge or obligation. Call us toll-free at (800) 714-3204 or contact us online.

January 19, 2010

Startling news on hands-free cell phone devices

by admin

Oregon has a new law requiring hands-free devices for cell phones used while driving, which will likely compel many users to change old phone habits. A California man’s near-tragic experience suggests that drivers unfamiliar with the newly-required devices should use caution.

According to an AP report, the man’s hands-free device startled him when someone called as he drove his SUV on a highway, causing him to swerve and smash through a guardrail. The vehicle plunged into a creek and began to submerge. Fortunately, the man was able to shoot out a window using a handgun carried in his job as a security guard. He escaped with only minor injuries.

Even with hands-free devices, cell phones in cars may distract drivers and lead to crashes. If you or loved ones are facing serious personal injury because of a negligent driver, contact Portland accident lawyer Dane Johnson for a no-cost, no obligation case evaluation. You may reach the Law Office of Dane E. Johnson toll free at (800) 714-3204, or use our online attorney contact form.

January 17, 2010

Medical malpractice lawsuits not reported as factor in Oregon hospital costs reaching $7.5 billion

by Dane Johnson

According to a new Oregon Association of Hospitals and Health Systems report, costs at Oregon hospitals reached $7.5 billion last year. This figure translates into about $2,800 per patient, per day. The report’s data show that these costs cannot be attributed to inflation, which climbed by thirteen percent in the Portland area during the period covered by the report. Hospital costs during that same period advanced by forty percent.

So what accounts for the spending increases? The report cites [i]nvestment losses, increases in charity care, and expansion debts a[s] some of the factors driving the increase.” The Oregonian reported that other factors included “increasing costs for supplies, equipment, prescription drugs, and nurses.” Notably absent from the factors are the costs of paying compensation and defending against medical malpractice lawsuits for failures to diagnose, surgical error, or other medical negligence.

Hospitals may contend that capital spending on expensive expansions and equipment is essential to the practice of “defensive medicine,” which is allegedly needed precisely because of medical malpractice lawsuits. But a Washington Post article reported last year that hospital insurer documents revealed that new equipment is often acquired more to heal economic damage to the bottom line than to improve patient health. When hospitals install their own equipment, they can conduct—and charge lucrative fees for—their own tests.

Some health care advocates as well as some economists say that changing pay incentives to reward prevention and discourage unnecessary procedures could help reduce bring hospital costs. The new report appears to provide further support for the belief that there is merit in such an approach, and that restricting patient’s rights when medical negligence causes serious personal injury would be as unnecessary as it would be wrong.

If a failure to diagnose, surgical error, or other medical negligence has caused personal injury to you or loved ones, contact an Oregon medical malpractice lawyer immediately. The Law Office of Dane E. Johnson offers a no-cost, no-obligation case evaluation. Contact Portland personal injury attorney Dane Johnson online, or call us toll free at (800) 714-3204.

January 14, 2010

Nurture, Inc. organic baby food sold in Oregon recalled for possible contamination

by Dane Johnson

The Oregonian reports today that organic baby food sold in Target stores in Beaverton, Eugene, Wilsonville, Sherwood, and Keizer could be spoiled. According to the U.S. Food and Drug Administration (“FDA”), customers who bought Happy Baby Stage 1 and 2 pouch meals and Happy Tot Stage 4 meals with expiration dates between November 2010 and January 2011 should not consume or serve any swollen or leaky pouches. Instead, they should return these potentially contaminated products to their place of purchase for a full refund. Purchasers may also contact Nurture, Inc. directly at (212) 374-2779 for a full refund or exchange.

The baby food is sold in pouches with plastic caps. The FDA warns that a packaging defect in the recalled products could potentially cause the pouches to swell or leak. Swollen or leaking pouches could indicate that the products may contain bacteria that could potentially cause illness. No illnesses have been reported.

Organic baby food recalled in Oregon

As a law firm concerned with preventing personal injury to children, however, we advocate a precautionary approach. Thus, we believe that parents and caregivers should know that the potentially contaminated baby food varieties include:

Green Bean, Pear, & Peas, NET WT. 4.22 OZ. (120g), UPC 8 52697 00127 9
Sweet Potato, Carrot, Apple, & Cinnamon, NET WT. 4.22 OZ. (120g), UPC 8 52697 00128 6
Spinach, Mango, & Pear, NET WT. 4.22 OZ. (120g), UPC 8 52697 00129 3
Spinach Mango, & Pear, NET WT. 3.5 OZ. (99g), UPC 8 52697 00139 2
Butternut Squash & Apple, NET WT. 4.22 OZ. (120g), UPC 8 52697 00130 9
Banana, Peach, Coconut, & Prunes, NET WT. 4.22 OZ. (120g), UPC 8 52697 00131 6
Banana, Peach, & Mango, NET WT. 4.22 OZ. (120g), UPC 8 52697 00132 3
Mango, NET WT. 3.5 OZ. (99g), UPC 8 52697 00134 7
Apricot Sweet Potato, NET WT. 3.5 OZ. (99g), UPC 8 52697 00136 1

If a product that is dangerous to children or infants causes injury, contact Portland personal injury lawyer and Oregon products liability attorney Dane E. Johnson for a no-cost, no-obligation consultation. You may reach us toll free at (800) 714-3204 or online.

Lynne Terry, Company Recalls Organic Baby Food Sold in Target in Oregon, Oregonian, Jan. 14, 2010.

January 9, 2010

Amby baby hammock suit filed in Portland seeks $5 million for infant death

by Dane Johnson

Lawyers acting on behalf of a father whose five-month-old son died in a hammock bed manufactured in China for Amby Baby USA have filed suit against the manufacturer. The lawsuit alleges a defective and dangerous product and follows the tragic death of one of two known babies who have died in Amby Baby Motion Baby Beds. These infant suffocation deaths led the U.S. Consumer Product Safety Commission (“CPSC”) to issue a recall notice last December. Some 24,000 beds are affected.

As this blog alerted readers when the Amby baby hammock child injury recall was issued last year, the CPSC has warned that side-to-side shifting or tilting of the hammock can cause the infant to roll and become entrapped or wedged against the hammock’s fabric and/or mattress pad, resulting in a suffocation hazard. The agency urges parents and caregivers to find an alternative, safe sleeping environment for their baby.

The National Institutes of Health provide the following ten ways that parents and caregivers can reduce the risk of infant death when placing babies down for sleeping:

Always place your baby on his or her back to sleep, for naps and at night. The back sleep position is the safest, and every sleep time counts.
Place your baby on a firm sleep surface, such as on a safety-approved* crib mattress, covered by a fitted sheet. Never place your baby to sleep on pillows, quilts, sheepskins, or other soft surfaces.
Keep soft objects, toys, and loose bedding out of your baby’s sleep area. Don’t use pillows, blankets, quilts, sheepskins, and pillow-like crib bumpers in your baby’s sleep area, and keep any other items away from your baby’s face.
Do not allow smoking around your baby. Don’t smoke before or after the birth of your baby, and don’t let others smoke around your baby.
Keep your baby’s sleep area close to, but separate from, where you and others sleep. Your baby should not sleep in a bed or on a couch or armchair with adults or other children, but he or she can sleep in the same room as you. If you bring the baby into bed with you to breastfeed, put him or her back in a separate sleep area, such as a bassinet, crib, cradle, or a bedside cosleeper (infant bed that attaches to an adult bed) when finished.
Think about using a clean, dry pacifier when placing the infant down to sleep, but don’t force the baby to take it. (If you are breastfeeding your baby, wait until your child is 1 month old or is used to breastfeeding before using a pacifier.)
Do not let your baby overheat during sleep. Dress your baby in light sleep clothing, and keep the room at a temperature that is comfortable for an adult.
Avoid products that claim to reduce the risk of Sudden Infant Death Syndrome (“SIDS”) because most have not been tested for effectiveness or safety.
Do not use home monitors to reduce the risk of SIDS. If you have questions about using monitors for other conditions, talk to your health care provider.
Reduce the chance that flat spots will develop on your baby’s head: provide “Tummy Time” when your baby is awake and someone is watching; change the direction that your baby lies in the crib from one week to the next; and avoid too much time in car seats, carriers, and bouncers.

A Portland child injury lawyer may be able to help if defective and dangerous children’s products cause serious injury or wrongful death. A no-cost, no-obligation consultation with an Oregon child injury lawyer can assist parents in protecting an injured child’s rights, recovering compensation, and helping to keep dangerous products from harming other children. Contact the Law Office of Dane E. Johnson online or toll free at (800) 714-3204 if you would like further information.

January 5, 2010

Oregon pain management expert says inadequate pain treatment reaching crisis level

by Dane Johnson

When physicians receive little training in pain management and fear prescription drug abuse, patients suffer. That’s one of the conclusions reached by an Oregon State University College of Pharmacy expert in pain management and the author of two new professional articles calling on patients to be persistent advocates for proper care.

An Oregon State University press release quotes pharmacist and affiliate faculty member Kathryn Hahn as noting that “many doctors are not fully informed about all the options available, and also often turn patients away because they’re very concerned about the problems with prescription drug abuse. Because of this, many people suffer needlessly with pain that could be treated, and almost 80 percent of visits to community pharmacies involve pain issues.” Hahn chairs the Oregon Pain Management Commission, a program created by the state Legislature in 1999 to raise awareness about chronic pain issues among health care providers, policy makers, and the public.

Hahn notes statistics reporting that at least 30 percent of patients with moderate chronic pain and over 50 percent of those with severe chronic pain fail to achieve adequate pain relief. The current data echoes conclusions that law professor Barry R. Furrow reached nearly ten years earlier, when he wrote that pain “is undertreated in the American health-care system at all levels: physician offices, hospitals, longterm care facilities. The result is needless suffering for patients, complications that cause further injury or death, and added costs in treatment overall.”

Chronic pain may follow a serious work-related injury, an automobile accident, or a personal injury of many other kinds. Failure to manage such pain properly may give the patient a variety of possible legal claims. Depending on the facts, an action may be brought against a care provider for a negligent failure to medicate the patient adequately or refer him or her to a pain management specialist. Physicians unskilled in pain management may also negligently overmedicate, causing addiction and/or serious side effects. They may fail to advise patients of the risks associated with treatment or inform patients about alternate treatment methods. Pain management may also be a component of a claim for medical malpractice of some other kind if serious personal injury has resulted.

An Oregon personal injury lawyer should be consulted in any case where medical negligence is suspected. If you or loved ones are experiencing chronic pain due to serious injuries, the Law Office of Dane E. Johnson offers a no-cost, no-obligation case evaluation. Contact Portland medical malpractice attorney Dane Johnson online, or call us toll free at (800) 714-3204.

Related Web Resources
Oregon State University, Press Release, Pain Management Failing As Fears of Prescription Drug Abuse Rise (Jan. 4, 2010).
Barry R. Furrow, Pain Management and Provider Liability: No More Excuses, 29 J. Law, Med. & Ethics 28, 28 (2001).

← Previous Entries

Next Entries →

Pedestrian killed in Oregon border car crash identified

Semi truck strikes and kills Corvallis toddler at intersection

Portland personal injury lawyer: Oregon’s new hands-free cell phone law likely not solution to traffic crashes caused by distracted driving

Oregon defective medical device: Shoulder pain pump lawsuit results in verdict for injured plaintiff

Child suffocation danger continues as more drop-side cribs recalled after infant death

Startling news on hands-free cell phone devices

Medical malpractice lawsuits not reported as factor in Oregon hospital costs reaching $7.5 billion

Nurture, Inc. organic baby food sold in Oregon recalled for possible contamination

Amby baby hammock suit filed in Portland seeks $5 million for infant death

Oregon pain management expert says inadequate pain treatment reaching crisis level

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