2013 Brings Over 190 Fatal Accidents to Nebraska Roads

On December 20, 2013, the Nebraska Department of Roads released its monthly report for November 2013 regarding traffic fatalities.  During the month of November, twelve persons were killed in traffic crashes on Nebraska’s roadways in a total of ten crashes.  Seven of the eleven vehicle occupants were not using safety belts, with five of the fatalities age 24 or younger.  Only one of the fatalities was a motorcyclist.

During 2013, (from January to November), there were 190 fatalities from 171 fatal crashes, only slightly decreased from 2012.  The report disclosed that 81.1 % of the vehicle occupants killed were not wearing safety belts.  As we enter a new year, please remember to be safe and buckle up.

Is that Toy Safe for my Child?

Each Christmas season, we feel the excitement of the season as the tree goes up, the decorations come out and the new toys of the season are introduced.  As parents, safety in choosing which toys to purchase is just as important as purchasing the newest, coolest toys of the year.  We must be cognizant of the risks of choking, deafening, poisoning or even the possibility of loss of limbs from either the correct and incorrect use of certain toys.  Some hazards we look for with small children are toys with small parts which could present a choking hazard, toys that could overheat, and toys that could break easily and cause cuts or infections.

Gobble-Gobble Guppies made by Swimways and Super Play Food Set made by Geoffrey, LLC poses choking hazards due to small ball-like toys, toy parts and rounded food toys.  Fisher-Price Loving Family Outdoor Barbeque, made by Mattel, poses a choking hazard with near-small parts.  Punch Balloons made by Toy Investments, Inc. is a toy that is marketed to children under the age of eight, which presents a choking hazard as well.  Toys which are painted may present a risk of poisoning.

According to USA Today, the Captain America Soft Shield is one of the worst offenders this Christmas, as it contains 29 times more lead than allowed by law.  Five different Littlest Pet Shop toys were listed as potentially dangerous due to choking hazards caused by parts that can detach from the toys.  The manufacturer of the Littlest Pet Shop line, Hasbro, claims the toy line was designed for children four years of age and older.  The regulations for small parts apply to products made for children under three years of age.  At the top of the toxic hazards list include the Teenage Mutant Ninja Turtles pencil case, made by Innovative Design.  The Sonic Sound Sizzlers Noise Magnets, made by JA-RU, Inc. presents a magnetic hazard that can cause abdominal problems if swallowed.  Mattel’s Fisher Price Laugh & Learn Remote poses a potential noise hazard as toys used near the ear are supposed to be below 65 decibels.

The Consumer Product Safety Commission (CPSC) has had a lab dedicated to toy safety since 2007.  One of the ways the CPSC tests toys for safety is through use of a “choke tube”, which is a plastic cylinder designed to simulate the size of a 3-year old’s throat.  As choking is the most common cause of toy-related deaths, testing movable parts in a toy can indicate how likely a child is to choke should the parts come loose from a toy and be placed into a small child’s mouth.  The CPSC also performs “drop tests” on toys.  Another safety hazard of toys is a child’s hearing.  The Chat & Count Smart Phone produces 85 decibels of sound when activated, 20 more than the allowable limit.  According to the “Trouble in Toyland” report, overall toy safety has improved, with only 31 toy recalls in 2013 down from 38 recalls in 2012, 50 in 2009 and 172 recalls in 2008, according to government figures.  If you have purchased a toy which was unsafe or caused injuries, you may report it to the CPSC via saferproduct.gov or by calling 1-800-638-2772.

 

Inserra & Kelley Litigation Paralegal Christina Koch Featured in National Article

http://www.lawcrossing.com/article/900020285/Well-Known-Paralegal-Christina-L-Koch-Reflects-on-a-Long-and-Rewarding-Career/

Johnson & Johnson Accused of Losing or Destroying Vaginal-Mesh Files

Transvaginal mesh is a surgical mesh used to permanently fix pelvic organ prolapse (POP) and stress urinary incontinence (SUI), which are conditions that can occur after a hysterectomy.  The mesh is usually composed of a plastic called polypropylene.  Litigation has arisen due to the large number of woman who developed complications when mesh erosion occurs and causes bleeding, severe pain, infection and nerve damage.  Other injuries include transvaginal mesh organ perforation, which can harm the vaginal wall, as well as other organs such as the bladder.  Many cases cause such serious damage, they require surgery to correct.

Lawsuits have brought very large verdicts, including a state court award of over $11 million in damages for a Prolift insert which caused her chronic pain in New Jersey.  A California case brought a $5.5 million verdict, of which C.R. Bard Inc. was responsible of $3.6 million.

The most recent development in litigation, however, was the allegation that Johnson & Johnson officials destroyed or misplaced hundreds of thousands of documents related to the lawsuits over a decade, even though they were ordered to preserve the documents.  The allegation comes as a result of a lawsuit filing in West Virginia on December 2nd.  Plaintiff’s attorneys used the allegation to request that the defendants be barred from relying on defenses which may have been disproven by the documents.

This development comes as Johnson & Johnson prepares for its first federal trial over its line of vaginal-mesh inserts in West Virginia.    Johnson & Johnson denied the documents which “may have inadvertently not been maintained” caused any damage to the Plaintiff’s case.  Johnson & Johnson officials decided to stop selling some lines of vaginal-mesh implants after being hit by a wave of lawsuits.  Defendants in the lawsuits include Johnson & Johnson, Bard, Endo Health Solutions Inc. and Boston Scientific Corp.

More than 30,000 vaginal-mesh cases have been consolidated before U.S. District judge Joseph Goodwin in Charleston, who is scheduled to preside over bellwether federal cases.  If you or a loved one has experienced medical issues after implant of vaginal mesh, contact an attorney experienced in these types of cases to evaluate your claim.

 

Two Years in a Row! Inserra & Kelley Once Again Named Best Personal Injury Law Firm in the Omaha Metro by the Reader Magazine and WOWT

Lawyers Against Hunger 17The Reader Magazine has named Inserra & Kelley a Readers’ Choice Best Personal Attorney.  Partners John Inserra & Craig Kelley have been together for 27 years, providing great leadership to their unique law firm team concept.  We invite you to read the full story printed in The Reader.  We are proud to have received this honor two years in a row and thank The Reader, WOWT and our clients for their continued endorsement of our firm in the area of personal injury.

 

2nd Annual Lawyers Against Hunger a Big Success

Yesterday afternoon Inserra & Kelley once again provided 500 metro-area families with the centerpiece for their family’s Thanksgiving dinner with their 2nd Annual LAWYERS AGAINST HUNGER turkey giveaway to 500 area families. 

Thanks to our entire I & K Team (and their family members) for their hard work in bitter cold, Food Bank of the Heartland for identifying the families in need, No Frills Supermarkets for providing us turkeys at cost and our giveaway location, Certified Transmission for the use of their nice truck, and Mark Fountain Photography for some wonderful work recording history!!  Father Tom Fangman and his Heart Ministry Center were the recipient of our leftover turkey stock.   This afternoon, we were happy to present Karen W. with her $100.00 Gift Certificate to No Frills Supermarket as the winner of our drawing yesterday.  Congratulations Karen!

Seeing the faces and tears of gratitude of so many that are in need in this holiday season was a fantastic way to kick off Thanksgiving with our own families, and all of us at Inserra & Kelley wish you and your family the most wonderful of Thanksgiving and Holiday seasons!

Bless you,

John, Craig and the entire Inserra & Kelley Team

Inserra & Kelley Hosts Second Annual Lawyers Against Hunger Turkey Giveaway

Turkey Fryer Safety

Happy Thanksgiving

 

 

 

Happy Thanksgiving from all of us at Inserra & Kelley.  As we  approach this holiday of gratefulness for all we have been blessed with, Inserra & Kelley wants to remind you that turkey fryers are extremely dangerous.  Please observe the following safety tips if you plan to utilize a turkey fryer this holiday.

Safety Tips

  • Oil and water don’t mix

Thaw completely in refrigerator.

Marinades and water can cause oil to spill over.

  • Never use too much oil
  • Protective Gear

Use well-insulated potholders or oven mitts.

Use safety goggles.

  • Use outdoors

Keep a safe distance from buildings and any other flammable materials.

  • Never on wooden deck
  • Never in a garage
  • Put on flat surface
  • Never leave the fryer unattended

Oil will heat until it catches fire.

  • Keep children and pets far away
  • Use fire extinguisher – never use water on an oil fire

Call 9-1-1 if fire is not completely extinguished.

 

Have a safe and happy Thanksgiving weekend!

 

Distracted Driving Deaths an Increasing Problem in America

Over the past few years, the dangers of distracted driving have become more well-known. According to a University of Nebraska Medical Center study, the national number of pedestrians being killed as a result of distracted driving has suffered an almost 50 percent increase, from 344 in 2005 to 500 in 2010. Distracted driving encompasses risky behavior while driving, including any activity that takes your focus away from your driving. According to Fernando Wilson, Ph.D., associate professor of the UNMC College of Public Health, one of the main reasons for the increase is the social acceptance of using cell phones while driving as well as the inability to enforce distracted driving as well as other safety regulations. Dr. Wilson also believes that statistics related to distracted driving tend to be under-reported, which makes it difficult to affect reasonable policies to decrease distracted driving.

Although the report does not document injuries, it does document trends and characteristics of pedestrians, bicyclists and other victim deaths. The report focuses on data from the Fatality Analysis Reporting System regarding crashes on public roads throughout the United States. Technology may be partially to blame as more and more vehicles are being equipped with onboard navigation systems, computers or dashboard displays.

Although it is dangerous enough to be distracted while driving a car, the problem becomes even worse when the distracted driver is operating a train or a bus. Last July, this issue attracted national attention when an 8 month old girl in a stroller was killed by a bus driver in New Jersey who was talking on a cell phone. The accident also injured seven bystanders. In Kansas City, a driver drug an 86 year old woman half a block after hitting her in a crosswalk when he reached down to grab something. Although regulations are starting to develop and be enforced for all drivers, professional drivers are starting to see changes in industry standards regarding operation of a vehicle with onboard technology. The U.S. Department of Transportation banned the use of hand-held phones while operating a truck or interstate bus in 2011.

Unfortunately, one of the major problems in enforcement is the lack of economic incentives for small companies to enforce safety while being competitive with larger companies. Some transit agencies have attempted to push safety practices, including the Dallas Area Rapid Transit (DART) who produced a flier on the dangers of distracted driving by focusing on a photograph taken of one of its own drivers reading a book laid across the steering wheel at a stoplight. Following the flier, DART began to incorporate lessons on distracted driving as part of its regular training process. The efforts of DART resulted in a 48 percent reduction in complaints from customers regarding distracted driving.

According to the National Highway Safety Administration’s website devoted to the dangers of distracted driving, the most serious offenders are young and inexperienced drivers, accounting for 16% of all distracted driving crashes. The website reports that at any given moment during daylight hours, over 800,000 vehicles are being driven by someone who is operating a cell phone while driving. The website sets for a Blueprint for Distracted Driving outlining the efforts being made nationwide to address the growing problem and reminds us all to take the pledge to commit to distraction-free driving. Remember, one text or call could cost you much more than a ticket.

Inserra & Kelley reminds you that your safety is always more important than taking a call or answering a text while driving.

Inserra & Kelley Leads Fundraising Effort of Local Cycling Community for OPD Bike Patrol

As we move towards the end of the year, it is important to keep those in need in mind. This includes our public servants.  In October, Kurt Goetzinger, a lifelong cyclist and bicycle advocate contacted Inserra & Kelley partner/attorney Craig Kelley regarding the Omaha Police Department’s need for a bicycle rack in order to transport bicycles via squad vehicles. As co-founder of the popular Dundee Chain Gang Cycling Club, Craig Kelley not only initiated the first cash donation from his law firm, Inserra & Kelley, but emailed the entire roster of the Dundee Chain Gang, who quickly responded to the need by donation of more than $1,250 in cash, as well as two usable bicycle racks. The Bike Rack stores in Omaha and Lincoln also responded to the need by offering bike items to Omaha Police Department at a discounted price.

The Omaha cycling community and the Omaha Police Department have partnered over the past few years to increase safety among adult and children cyclists. An example of this partnership is the National Safety Council’s CycleFest. The cycling community recognizes the contributions the Omaha Police Department has made to the safety of the sport. Craig Kelley stated “I was humbled, but not surprised that our club would quickly step up and join Inserra & Kelley in helping to outfit their needs.”

Thanks to the donations of the Dundee Chain Gang Cycling Club and the generous discounts of the Bike Rack Stores in Omaha and Lincoln, the Omaha Police Department will be able to purchase all of the current equipment and supply needs of the patrol. The donations demonstrate a combined commitment between the cycling community and the Omaha Police Department towards bicycle safety in Omaha.