Oregon Injury Lawyer Blog

April 1, 2016

Tort Reform’s Real Victims

It is an election year, so between now and November we can expect to hear many politicians at the national, state and local levels complain about trial lawyers and call for “tort reform.” As an article published this week in Slate outlines, however, an often disingenuous campaign designed to ‘protect’ big business frequently has an even more shocking effect – protecting child abusers and other people who injure children.

The article begins with the story of an Ohio pastor who was convicted of raping a 15-year-old girl in 2008. In addition to his criminal trial the man was sued by the girl and her family in civil court. As I have written in this space on many occasions, this right alone is important and worth defending. Access to courts for victims and their families is essential if justice is going to be served. As the article notes, quoting a legal scholar at New York University, often “the civil justice system is the only way for a perpetrator to be held directly accountable to the victim.”

A court awarded the victim $3.6 million in damages, but because of award caps required under Ohio’s tort reform laws she was only able to collect $350,000 – less than one-tenth of what the jury decided was her due. The girl and her family are now suing to have those caps declared unconstitutional on the grounds that they are “arbitrary and unreasonable, and thus a denial of due process.” Specifically, there is a strong argument to be made that damage caps violate the US Constitution’s guarantee of a trial by jury. An inherent part of that right is letting the jury decide what is fair – something that the tort reform movement seeks to stifle.

March 29, 2016

New Developments in the Link Between Traumatic Brain Injuries and Football

by Matthew D. Kaplan

Last week marked a significant moment in the ongoing discussion about football, especially professional football, and concussions. As the New York Times notes, “after years of denying or playing down a connection, a top NFL official acknowledged at a hearing in Washington that playing football and having CTE were ‘certainly’ linked.”

Chronic traumatic encephalopathy, or CTE, is a degenerative brain disease that has increasingly been linked to former athletes in football and other contact-intensive sports. It “is believed to cause debilitating memory and mood problems,” the paper reports. Concerns about CTE are sometimes confused with equally serious concerns about sports-related concussions. Though the problems are related they also differ in fundamental ways. Concussions and other traumatic brain injuries are usually linked to single incidents where a blow to the head may cause problems that last for days or even weeks, and which can grow more intense if a person suffers repeated concussions.

CTE is thought to grow out of repeated blows to the head over long periods of time – including blows that individually do not cause concussions or concussion-like symptoms but whose cumulative effect can lead to long-term mental and physical issues. Last week’s Times story focuses on explaining the difference between the two and highlighting the degree to which CTE science “remains in its infancy.”

March 26, 2016

Oregon Truck Crashes Highlight Safety Issues

by Matthew D. Kaplan

Two separate Oregon truck crashes involving three semi-trucks on the same stretch of eastbound Interstate-84 last week left one driver dead, the other two seriously injured and forced state officials to clean up a hazardous waste spill. In the process, these Baker County truck crashes highlighted the continuing danger large vehicles pose on our roads and highways.

According to The Oregonian the two semi-truck accidents took place about half an hour apart on Tuesday morning of last week. The first crash involved a rollover that resulted in the driver, a Gresham man, being taken by helicopter to a hospital in Idaho, according to the newspaper. The Oregonian reports that the 34-year-old driver “was traveling east on Interstate 84 at milepost 349 when he veered off the interstate and into the median. He drove back onto the interstate where the semi overturned and blocked both eastbound lanes.” The paper quotes state troopers saying they do not know what caused the first truck to leave the road.

The second accident occurred as traffic backed up behind the first. A truck “transporting Aluminum Oxide Powder UN3175, a hazardous material, rear-ended a truck that was already stopped in traffic behind the first accident. The containers leaked and a clean-up operation was undertaken,” according to The Oregonian. The newspaper added that between the accidents and the hazardous material spill, the effected section of the Interstate was closed for about nine hours.

March 23, 2016

CPR Machines Gaining Widespread Acceptance with Oregon Rescue Workers

by Matthew D. Kaplan

A recent article in The Oregonian outlines a quiet revolution that has been taking place among first responders here in Oregon. According to the newspaper, in the months since Multnomah County EMT teams began using CPR machines as an everyday part of their work officials say the results have been exceptional, making them a key asset in the fight against deaths from Oregon traffic accidents.

The Oregonian reports that the county’s EMS medical director “believes mechanical CPR is as good or better than the hands-on version.” Where it particularly shines is in a moving ambulance, where anecdotal evidence indicates that it is almost always an improvement over humans attempting to administer CPR with one hand instead of two as they struggle to maintain their balance. Multnomah County has put 16 CPR machines into service since last fall and “plans to add 12 more by the end of the year, officials said” making it by far the largest user of the machines in Oregon.

Though there are several different models on the market, the most common design “consists of a backboard that’s slipped under the patient, a U-shaped device that’s affixed over the patient and (a) plunger attached to a suction cup that sticks to the chest – pushing it down and pulling it back up. The whole thing fits in a duffel bag… and can perform CPR while a patient is being moved on a stretcher or simultaneously with a defibrillator.”

March 15, 2016

Pedestrian Deaths are Rising Nationwide

by Matthew D. Kaplan

Pedestrian deaths around the country rose sharply last year, according to data compiled by the Governors Highway Safety Association and recently published by CityLab, a blog that is part of The Atlantic magazine. The news is troubling, and perhaps even a little counter-intuitive and should prompt officials at every level to look more closely with how we design our roads and streets.

The group “estimates that the number of pedestrians killed in traffic increased 10 percent from 2014 to 2015 in the US. That number, based on preliminary data reported by all 50 states and the District of Columbia, is in line with a longer-term trend: From 2009 to 2014, pedestrian fatalities increased by 19 percent, even as total traffic deaths declined over that same period.”

According to the GHSA the highest pedestrian fatality rate is 3.55 per 100,000 people in New Mexico. Minnesota is the safest state for pedestrians with only 0.27 fatalities per 100,000. Oregon, at 1.44, comes in a little better than the national average of 1.53 while Washington State is significantly better at 1.06. (all figures are for 2014)

March 9, 2016

Dangerous Oregon Trail Needs Better Safety Measures

by Matthew D. Kaplan

A recent article in the Salem Statesman-Journal highlighted a popular hiking area near the town of Pacific City that has become increasingly dangerous. The newspaper solicited feedback from readers about the best way to make the area around Cape Kiwanda safer.

According to the newspaper, “seven people have died in the popular Oregon coast destination… since 2009, including five during the past eight months. The tragedies have been almost entirely experienced by teenagers, with the average age of victims at 19 years. Most of the time the victims hiked up a sand dune, disregarded fencing and signs, climbed onto a hazardous sandstone bluff and fell into the ocean.”

The article notes that state and county officials are searching for new ways to deal with the problem of drowning in the area. The paper published photos of the existing signs at the Cape, which read simply “Danger: Do not go beyond this point,” and contrasted them with a sign on a different part of the trail which takes a much more forceful approach. That posting reads: “Danger!! Several fatalities have occurred in and around these waters. STAY ON THE TRAIL”

February 29, 2016

Oregon Legislature Moves Forward Bill to Protect Children & Sexual Assault Victims

by Matthew D. Kaplan

Last Friday the Oregon Senate unanimously approved “a bill aimed at ensuring that sexual assault evidence is submitted for lab testing in a timely manner and not left untouched on police evidence shelves,” according to a report in The Oregonian. The bill is named for a teenage Northeast Portland girl who was raped and murdered across the street from her home in 2001.

Melissa’s Bill, as it is known, focuses on untested sexual assault kits because of the discovery that “sexual assault kits from at least two other young teens raped by the girl’s killer four years earlier sat on the Portland Police Bureau’s evidence shelves” and were not tested until a connection was drawn between them and the 2001 case. According to the newspaper the girl’s parents hoped that their child’s death would at least lead to a change in police procedures, and to more timely testing of rape and assault kits. When a newspaper investigation revealed that despite the passage of more than a decade little had changed Melissa’s parents went to the legislature.

As described by the paper the bill will require that, beginning next January 1, “each police agency in Oregon shall adopt written policies and procedures concerning the collection, submission for testing and retention of the kits. Under the bill police must pick up the kits within seven days after a hospital alerts them about a kit’s existence and submit them to the state crime lab for testing within 14 days of receipt. All kits must be stored for 60 years.”

February 27, 2016

Jeep Recall Issues Lead to Wrongful Death Lawsuit

by Matthew D. Kaplan

A California family has filed a wrongful death lawsuit in response to a vehicle fire caused by a rear-end collision. The accident claimed the life of the family’s father early last year.

According to CBS Los Angeles the fatal accident took place in Ontario, California, east of LA, in January of 2015. The man was traveling in “a model year 2000 Jeep Grand Cherokee.” Within seconds of a rear-end collision “the Jeep burst into flames,” according to the TV station’s report.

At the heart of the case are questions about dangerous products and their design flaws. The model year of the vehicle is one of the most important elements of this tragic case. As the TV station reports, “in June of 2013 the National Highway Traffic Safety Administration asked Chrysler to recall earlier model years, specifically Grand Cherokees built between 1993 and 1998 due to concerns about gas tanks catching on fire. But there were no recalls for later model years between 1999 and 2004.” This is significant because those years include models in which the gas tank is positioned directly behind the rear axle – a location that significantly increases the chances of a vehicle fire in the event of even a minor rear-end collision.

February 24, 2016

Hoverboard Dangers Lead Retailers to Drop the Product

by Matthew D. Kaplan

Is there any example of a hot consumer product becoming toxic quite as quickly as the hoverboard? The Oregonian reported this week that retailing giant Amazon “recently pulled the item from its marketplaces” barely three months after hoverboards were the ‘must-have’ gift of the holiday season.

The reason for the change of heart is well-known. As dangerous products go it is hard to imagine any recent consumer item whose fortunes have reversed quite so quickly. Over the course of 2015 the gyroscope-powered toys went from a rare curiosity to a pop-culture phenomenon. Then, just as sales were hitting stratospheric heights, reports – and dramatic videos – emerged of the devices spontaneously bursting into flames (this, as The Oregonian notes, is in addition to “other risks to the public as evidenced from plenty of video compilations prominently featuring people falling off of them.”).

Now, only weeks later, “the obscenely popular holiday gadget was silently and unceremoniously dropped from all Amazon’s electronics pages… the U.S. government recently declared the gadgets an “imminent hazard” and… locally, the University of Oregon banned hoverboards in January, going so far as to supply students with fireproof storage for any of the errant gadgets.”

February 21, 2016

Warning About Portland Glass Factories Raises Industrial Accident Concerns

by Matthew D. Kaplan

A recent announcement that two Portland glass factories may have contaminated their surrounding area is a pointed reminder of how Oregon industrial accidents need not be dramatic and violent. Sometimes a problem can develop slowly over time and be just as potentially deadly.

According to a recent article in The Oregonian, state public health officials warned earlier this month that “vegetables grown close to Bullseye Glass in Southeast Portland and Uroboros Glass in North Portland could contain harmful levels of chromium, arsenic and cadmium. They asked physicians to advise patients not to eat them until more is known.” The advice extends to homes and gardens within a half-mile of both factories. The paper notes that state environmental officials are currently conducting tests in the area around both factories. These include both the collection of soil samples in the affected area and taking urine samples from people who live in the area.

The first priority is clearly the health of the people who live near these factories, but as the investigation moves forward officials can and should look closely at how the alleged contamination was able to happen in the first place. Distressingly, the newspaper reports that the test results will “only cover cancer cases over a five year period. The factories have been there for 40.” It is important that the investigation not stop there.