Oregon Injury Lawyer Blog

August 31, 2013

NFL Moves Forward On Concussions, TBI

The widely reported news that “the NFL has agreed to pay $765 million to settle a lawsuit brought by more than 4500 players and their families,” as The New York Times reported this week, is welcome news for former players suffering from traumatic brain injuries and other physical and mental problems linked to the violent, hard-hitting nature of life in the NFL. The broader potential for good in this settlement, however, lies in what it may do to raise awareness about a troubling, and persistent, problem.

At the Times noted, this week’s settlement can be seen as a legal victory for the NFL. It represents less than 5 percent of the league’s annual revenues and spares the NFL both the potential expense and the certain bad publicity of an endless stream of lawsuits by individual players and their families. The paper also notes that “among the terms of the agreement is that the settlement is not to be regarded as an admission of guilt by the league.” Such clauses are not uncommon in settlements like these, but it is difficult to believe that many fans – along with players, parents and coaches at all levels of the game – won’t interpret it that way.

Frankly, that would be a good thing. The League’s reticence on the subject of concussions and TBI has long served as subtle, if perhaps unintended, encouragement for players and coaches at lower levels of the sport. Measures like the one passed here in Oregon earlier this year to encourage youth safety have often encountered resistance from some players, coaches and fans.

August 30, 2013

Protecting Young Athletes

by Matthew D. Kaplan

On a day when the NFL has settled a landmark lawsuit over player concussion (a subject on which I’ll write more later this week) it is worth remembering the measures closer to home that we all need to take to protect our kids from traumatic brain and spinal cord injuries.

A recent report published by SafeKids Oregon outlines the scope of the situation: Last year 1.35 million children arrived in emergency rooms with sports related injuries. Fourteen percent of those injuries were to the head. The group at greatest risk are 12-15-year-olds, who account for nearly half of all youth sports injuries. Though football is the sport we most often associate with concussions and other head injuries, among young athletes the most dangerous sport in terms of concussions was ice hockey which, all by itself, accounts for 31% of all youth sports concussions. Football accounts for only 13%, a bit behind wrestling and tied with soccer. The study notes that in sports played by both boys and girls the latter tend to report higher incidence of concussions, but speculates that this may have more to do with social pressures than with the relative tendency of boys and girls to suffer from the injuries.

Most importantly, however, the study notes that “a Governor’s signature is the beginning of the game, not the fourth quarter.” Put another way: state laws designed to protect young athletes are only as good as the parents and coaches who enforce them. SafeKids Oregon notes that the federal government’s Centers for Disease Control and Prevention offers a free online training program, known as “Heads Up”, for adults supervising youth sports.

August 23, 2013

Tweets become factor in Murder Charge

by Matthew D. Kaplan

A recent report from NPR highlights how social media usage can become a factor in reckless and negligent driving cases. According to a report on the radio network’s website, “an 18-year-old California man stands accused of murder after law enforcement officials upgraded charges against him based on tweets and driving history.”

The accident at the center of this story took place in early June in northern California. The man was allegedly driving at more than 80 miles per hour in a 40 mph zone when he lost control of the car and hit a middle-aged couple who were riding in a marked “bike lane alongside Foothill Road, police say, in an area that is marked by a golf course and by large houses with swimming pools.” In other words: a residential area rather than a highway. The woman in the couple was killed in the accident and her husband was injured.

Citing reporting by the San Francisco Chronicle, NPR reports that the suspect stopped at the scene and “spoke with police” though he declined to give a formal statement. Last month he was arrested “on felony charges of vehicular manslaughter and reckless driving” but this was upgraded to murder, and the suspect’s bail revoked, after police took a closer look at his driving habits.

August 16, 2013

Oregon Child Endangerment Cited in Tigard Car Incident

by Matthew D. Kaplan

It is one of those things every parent fears: a child suffering and injured after having been locked in a hot car. It is something few of us can dream of doing, and that even fewer could stand by and watch.

Yet here in Oregon it happened once again, just this week. According to Portland TV station KGW a man in Tigard has been cited by local police “after leaving his small child in a hot car in the parking lot of a Tigard home improvement store. A store employee broke the window of the car when he saw that a baby had been left inside.”

The employee who rescued the 10 or 11 month old child is quoted as saying that the boy appeared to have been alone in the car for approximately 20 minutes. The father identified his baby as the rescuer and other bystanders were working to cool the child down inside the store. Police were called. The TV station reports that they did not cite the man at the scene of the incident, but that “investigators later charged the father with second-degree child neglect, a misdemeanor.”

August 13, 2013

Washington Court Says Rules Apply to the Government Too

by Matthew D. Kaplan

It’s a cliché: safety is everyone’s responsibility. It is also, however, true, and that fact was reinforced last week by Washington State’s Supreme Court. According to an Associated Press dispatch, republished by The Oregonian, the court held that “cities, counties and utility companies can be liable when faulty road design leads to injuries in car crashes – even when the driver is drunk.”

According to the news agency the case focused on a crash near Anacortes. “Two people who had been drinking were injured when their car ran off the road and struck a utility pole that was reportedly closer to the roadway than guidelines dictated.” In overturning a lower court ruling the state Supreme Court held that “government entities owe a duty to ensure roads are reasonably safe for public travel, no matter whether the driver is at fault,” according to the AP.

Obviously this is not, and ought not to be taken as, an excuse of or license for drunk driving. Indeed, in legal terms it is important to remember that DUI is a crime regardless of whether one gets involved in an accident or not. In this instance, however, the court was addressing a bigger issue: whether a driver’s physical condition at the time of a particular accident can be used as an excuse by government or a utility company to escape responsibility for its own negligence. The court held that government and public utilities both have a broader responsibility to provide a safe environment for all users of public roadways. The bad behavior of individual drivers does not absolve the city or county from their responsibility to provide a roadway that is safe for everyone – regardless of the irresponsible behavior of some individual drivers.

August 7, 2013

Portland Bicycle Crash Ruling Spotlights “Vulnerable Road User” Protections

by Matthew D. Kaplan

A report published this week in The Oregonian notes that a 39-year-old Portland garbage truck driver has been cited for careless driving. What makes this news item especially noteworthy, however, is the fact that additional penalties have been imposed on the truck driver under Oregon’s “vulnerable road user” law as a result of a July accident that left a bicyclist seriously injured. Though it has been on the books for nearly six years, the “vulnerable road user” provision is an essential protection for cyclists and pedestrians with which many Oregonians are still unfamiliar, so it merits our attention today.

First, the details of the Portland bicycle crash. As reported by The Oregonian, on July 12 the garbage truck driver hit the bike rider as the truck “turned left from Southeast 17th Avenue onto southbound McLoughlin Boulevard… Police said (the victim) was riding his bike southbound on 17th Avenue on the east side of the street and was crossing McLoughlin when the collision occurred.”

The bike rider “suffered traumatic injuries and was hospitalized. He has since been released from OHSU Hospital.” The driver cooperated with police in their investigation.

July 31, 2013

Oregon Product Liability Cited in Federal Lawsuit

by Matthew D. Kaplan

Relatives of a Bend man who died in 2010 while using an inversion therapy table have filed a lawsuit in federal court in Eugene against the Washington-based manufacturer of the table, according to a recent article in The Oregonian.

According to the newspaper, the lawsuit alleges that the 64-year-old Oregon man “was using the table when he became trapped in the inverted position and was unable to return to the upright position or to remove himself from the machine.” The manufacturer “promotes the product on TV and online as a way to relieve back pain, improve joint health and build muscle tone,” the paper reports.

The Oregonian cites a representative from the Oregon Medical Examiner’s Office reporting that the man died from asphyxia. The coroner ruled the death accidental, but this suit raises important product safety issues. The suit alleges that the victim was unable to get himself back into the upright position despite “effort over a prolonged period” to do so.

July 29, 2013

Oregon Motorcycle and Truck Crash Leaves One Dead

by Matthew D. Kaplan

An Oregon motorcycle crash that also involved a pickup truck left a Monmouth man dead over the weekend, according to a report in this morning’s Oregonian. The newspaper reports that the man “died Sunday morning in a collision between a pickup truck and a motorcycle on Oregon 51 north of Independence.”

The victim, age 22 according to the newspaper, “struck the right front side of the truck and crashed through (its) windshield” when the driver of the truck, a 77-year-old man, “attempted to turn his truck left into a driveway.” The paper also reports that witnesses say neither the motorcycle nor the truck appeared to be speeding at the time of the Oregon motorcycle accident. Although an investigation of the fatal crash is still underway, the newspaper cites police sources saying they believe alcohol was not involved in the Sunday morning accident. Both men were airlifted to Salem Memorial Hospital, according to The Oregonian, where the motorcycle rider was pronounced dead and the driver of the truck remains in critical condition.

Based on these details, what we appear to see here is a straightforward case of poor driving, the sort of accident that happens every day in every American city, and which is all the more tragic because it is so easily avoidable.

July 26, 2013

Life Saving Actions In Flight

by Matthew D. Kaplan

This blog often highlights things that go wrong – instances of negligence and irresponsibility at the end of which someone gets hurt and our legal system is called upon to offer justice, and some measure of solace, to victims and their families. An article that appeared in The Oregonian this week, however, is a reminder that the opposite of recklessness and negligence lies in proper training, having proper equipment and displaying professional responsibility.

The story that brought all this to mind concerns a Southeast Portland man whose life was saved on board an airplane last April when he suffered a heart attack while on a flight from Portland to Dallas. According to the newspaper the man’s wife became worried when she found him suddenly looking gray and acting unresponsive in the seat next to her. The woman’s “distress got the attention of those around her” the paper reports. Within moments a doctor and nurse, both from the Oregon Health and Science University Hospital but who were traveling separately, sprang to the man’s aid as flight attendants rushed to get the portable defibrillator that is now standard equipment on most commercial aircraft.

The doctor managed to revive the patient using hands-only CPR, the paper reports, with the patient showing signs of life just as the defibrillator was being activated. The doctor sent word to the pilots that the plane needed to land as soon as possible, leading to an emergency stop a short time later in Salt Lake City. As paramedics removed the man from the aircraft fellow passengers applauded.

July 24, 2013

Lawsuit Filed in Summer Camp Drowning

by Matthew D. Kaplan

The case of a 15-year-old Vancouver boy who drowned last year while attending a church-run summer camp may soon be headed to court. Today’s Oregonian reports that the victim’s estate has filed a $13 million lawsuit against the camp and its organizers.

According to the paper, the boy died just over a year ago when he fell while walking behind the waterfall at White River Falls, near Maupin. A 26-year old counselor also drowned in the incident when he dove into the water in an attempt to save the boy.

Looking at this incident from a legal perspective a number of negligence issues arise and significant questions of responsibility. It is worth remembering that 15-year-olds are still children and require trained adult supervision when in an environment like a summer camp. The reports that the boy had been encouraged by the camp organizers to walk behind the waterfall are potentially very serious, and, if confirmed, they could be evidence of highly irresponsible behavior on the part of the camp’s organizers. At a very basic level, the fact that, based on the media reports, no one on the outing seems to have been wearing a life preserver or to have had any other life-saving gear on hand is deeply troubling.