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Matthew D. Kaplan

Media reports over the last ten days have noted the strange case of nearly 20 Oregon high school football players taken ill after practice with a rare muscle disorder. According to the Associated Press three of the teens needed surgery “and 16 others were treated after suffering muscle damage following a fall camp.” The high schoolers are suffering from a rare condition known as “compartment syndrome” in which high levels of enzymes released after heavy exercise can, in some cases, lead to kidney failure. The constant repetition of the fact that the victims are football players, however, can obscure the fact that they are high schoolers – children, in the eyes of the law – and raises the question of what level of responsibility ought to be assigned to McMinnville High School and its football coach.

According to an article in The Oregonian, doctors familiar with the case say an intense combination of “high heat, dehydration and heavy exercise” may have led to the mass case of compartment syndrome. The doctors are also, however, “waiting for blood tests looking for the presence of creatine, a legal, loosely regulated and widely available bodybuilding supplement present in a number of weight-gain products that has been linked to an increased risk of sports-related injury.”

These Oregon child injuries, taking place at a high school sports practice, raise serious questions about the school’s responsibility – where it should start and where it should end. In particular, if creatine is found in the players’ blood that, in turn, would raise questions about whether the team’s coaches were aware of supplement use among their players and what, if anything, they may have done to warn against it.

A car crash near the center of the Glenn Jackson Bridge earlier this week wrecked a semi-trailer and a Honda, sent two people to the hospital and ended with the driver of the Honda facing legal trouble in both Oregon and Washington.

The Oregon car and truck accident left 21-year old Ilya Anikin facing drunk driving charges in two states after crashing his vehicle on the bridge just inside the Oregon state line in the early hours of Thursday morning, according to The Oregonian. Police are still on the lookout for the driver of a red Pontiac alongside whom, they say, Anikin was driving recklessly as the two cars crossed the bridge headed from Washington into Oregon.

NWCN reports that the Oregon truck accident unfolded in an Oregon DOT workzone near the middle of the bridge when Anikin’s Honda swerved, hitting the semi “in the left rear axle, causing its two trailers to drive over, and somewhat flatten, the car.” The Oregonian reports that the trailers tipped over, smashing into the bridge’s center divider, blocking the road and spilling a huge amount of glue, which the truck was hauling (and which work crews struggled – successfully – to get cleaned up prior to the morning rush hour). The driver of the truck was uninjured, but Anikin and a passenger were treated at a local hospital, where Oregon police cited Anikin for DUII and reckless driving. Washington state police then arrested him and issued another, Washington State, DUI citation.

A study released last week by AAA seems certain to add to the debate surrounding distracted driving in Oregon and elsewhere around the nation. According to the survey, as reported by the Chicago Tribune, two out of every three dog owners “said they routinely drive while petting or playing with their dogs.”

Need I mention that this is not a very safe practice?

In fact, according to Fox News (reporting on the same AAA study), an unrestrained animal in a moving car poses the same degree of distracted driving danger as texting. Texting while driving is, of course, illegal in Oregon and a growing number of other states. That is somewhat ironic since, as the Tribune notes, “there are no state laws requiring drivers to buckle up their pets or prohibiting them from holding animals on their laps.” The paper quotes a AAA spokeswoman saying the auto club considers this situation “an increasingly big problem.”

A new study from Tufts University, published last week in The New England Journal of Medicine, has found what appears to be a link between the chronic pain disorder fibromyalgia and Tai Chi, a Chinese martial art that is most often practiced here in the United States for its health benefits rather than self-defense.

The focus on fibromyalgia makes the study especially interesting for Oregon accident victims seeking to recover from a car crash, bicycle crash or industrial accident. According to an analysis by the New York Times, the study “found that after 12 weeks of Tai Chi, patients with fibromyalgia… did significantly better in measurements of pain, fatigue, physical functioning, sleeplessness and depression than a comparable group given stretching exercises and wellness education.”

The paper notes that other medical studies have previously suggested that Tai Chi might hold benefits for other pain suffers, such as people with arthritis. These, however, are relatively well-understood maladies. Fibromyalgia is different. As the Times notes, fibromyalgia is “common”, but remains little-understood and is often difficult to treat. One doctor involved in the study is quoted by the Times attributing Tai Chi’s success with fibromyalgia victims to the discipline’s multiple components: “physical, psychological, social and spiritual.”

Luck, and his helmet, appear to have saved the life of a 13-year old Milwaukie, Oregon child injured this week in an Oregon bike accident. According to The Oregonian, the boy “survived a collision with a car”, in part because he was wearing a heavy-duty helmet received as a gift from his mother only days earlier.

The Oregon bicycle accident took place at the intersection of Southeast Thiessen and Oetkin Roads south of Milwaukie’s city center. According to the newspaper, a motorist making a left turn collided with the boy, throwing him off the bike head-first and into the car’s windshield.

The boy “suffered a broken toe, dislocated left hip and fractured femur in the crash,” The Oregonian reported, but, thanks to the helmet, has no serious head injuries. Police officers quoted by the newspaper speculated that the boy was helped by the fact that he was wearing a heavy-duty skateboarding helmet rather than a traditional bike helmet at the time of the accident. The difference in helmets may have been a factor in the boy’s avoidance of Oregon traumatic brain injury.

It was, perhaps, inevitable that distracted driving would one day be linked to the death of someone famous. Thus have celebrity watchers this week been obsessed with the Southern California car accident that claimed the life of Dr. Frank Ryan, a cosmetic surgeon well-known for operating on well-known people.

The initial reports of Ryan’s death were relatively straightforward: “The California Highway Patrol says Ryan’s 1995 Jeep Wrangler went off the side of Pacific Coast Highway near Malibu and landed on its roof Monday afternoon,” the Associated Press reported. It did not take long, however, for the nature of the story to change. Soon many media outlets were noting that California authorities are considering whether the car crash “was a result of distracted driving from texting and tweeting at the wheel,” according to a report by CBS News. According to CBS, Ryan “was sending pictures and updates to his twitter page” only “moments” before the fatal car accident.

As it is here in Oregon, texting while driving is illegal in California. Does it take the death of someone (moderately) famous to force home the message that texting while driving – even in places where it is legal (and, to repeat, that does not include either California or Oregon) is among the more insanely dangerous things one can do while also trying to operate a speeding car?

A logging accident in Chehalis, Washington late last week led to one worker’s death, according to a report by the Associated Press. According to the news agency, 47-year old Michael Messner of Longview, Washington died “while operating a logging processor.”

Quoting police sources, the agency says “Messner died Thursday when a chain broke and rammed through the windshield of the processor’s cab, striking him in the throat.” Washington state officials have begun an investigation. An official of the logging company for whom Messner was working says the company is also conducting its own investigation of the workplace accident.

All of this is noteworthy for Oregonians because of the reported circumstances surrounding Messner’s death. Had a similar accident taken place here in Oregon the victim’s family would be well-advised to consult with a Portland industrial accident attorney to see whether grounds exist for an Oregon wrongful death lawsuit.

A fatal fall at a temporary ice rink has put the city of Irvine, California on the receiving end of a $40 million wrongful death lawsuit. According to the Los Angeles Times, 49-year old Cherlynn Tang died last February from injuries sustained moments after she stepped off of the ice at a temporary rink built as a winter attraction by the city.

Last week the Orange County Register reported that Tang’s family is suing the city. “The lawsuit claims that the accident was the result of melted water that had been allowed to accumulate on the rink,” according to the Register. Media accounts say Tang slipped and tumbled backwards as she stepped off the ice, striking her head as she fell. The family also alleges that there were no medical personnel at the Great Park Ice Rink, resulting in a 20 minute delay in Tang receiving medical treatment, a time period that may have been crucial in determining whether she lived or died. Tang’s family is seeking $40 million in damages from the city.

This case is a tragic reminder of how important it is for cities and towns to take special care when setting up recreational activities that, while fun, are not necessarily in synch with their surroundings. Irvine’s temporary ice rink was located inside an unused airplane hanger which was open at both ends to the warm Southern California air. At the heart of the Tang family’s suit, according to the Register, is the allegation that the city did not take adequate precautions to protect users of an ice rink in an environment where ice was far from natural.

A Multnomah County man convicted in a drunk driving incident that seriously injured two pedestrians has already been sentenced to nearly six years in prison, but faces additional time behind bars if he refuses to cooperate with a related Oregon dram shop law case pending in civil court, according to The Oregonian.

The newspaper reports that Dallas Lawrence, now 25, struck two women after he left a bar while clearly drunk last February. His Oregon drunk driving conviction in the criminal case growing out of the incident is separate from the potential Portland dram shop law case focused on the bar that allegedly continued to serve Lawrence. That case turns on the allegation that the bar allowed Lawrence to get into his car and drive off into the night despite being so drunk that, according to The Oregonian, he “fell off his bar stool” before heading out to the parking lot.

The paper reports that Lawrence’s two victims have not yet filed suit against the bar where he spent the evening drinking. Lawrence faces an additional 2-1/2 years in prison if he does not cooperate, should a suit go forward.

A new measure signed into law in Massachusetts this week raises questions about whether Oregon has sufficiently strong laws regarding young riders and ATVs. As outlined by Boston TV station WCVB, the measure, known as “Sean’s Law,” raises the minimum age for ATV operation in Massachusetts from 10 to 14. The law is named after a 8 year old boy who died in an ATV accident in 2006.

New laws such as this are necessary because of the disturbing ways in which some ATV manufacturers market their products. Advertising materials show families using ATVs – in some cases portraying children who in many states would be breaking the law by being on one. Manufacturers downplay the tendency of ATVs to flip over and the serious consequences that can come from being pinned under one. ATVs are neither small nor light.

Here in Oregon there is no minimum age for operating an ATV, though operators below the age of 30 are required to complete a safety education course (by 2014 that requirement will apply to all Oregon ATV riders regardless of age). The course can be taken either in person or online, though beginning in 2012 the “hands-on” version will be required for Oregonians 15 and younger.

50 SW Pine St 3rd Floor Portland, OR 97204 Telephone: (503) 226-3844 Fax: (503) 943-6670 Email: matthew@mdkaplanlaw.com
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