Dangerous Highways in Columbia, SC

South Carolina’s latest yearly count of motor vehicle accidents reported nearly 1,000 fatalities and more than 60,500 nonfatal injuries in traffic accidents. Both fatalities and nonfatal injuries declined slightly from the prior year, according to the SC Department of Public Safety (SCDPS).

“Almost no area of South Carolina was immune from traffic collisions in 2017,” the SCDPS says. The South Carolina Department of Public Safety said that every county experienced at least one fatal traffic collision during the year and seven counties had at least 40 traffic fatalities during 2017. Richland County had 52 traffic fatalities in 2017 and 50 in 2018.

Most car, truck and motorcycle accidents happen on U.S. primary and secondary roads. Secondary routes accounted for the largest percentage of fatal collisions. Meanwhile, more than 10 percent of collisions occurred on interstates in South Carolina.

Primary roads are generally divided, limited-access highways within the interstate highway system or under state management, and are distinguished by the presence of interchanges. Secondary roads are main arteries that have one or more lanes of traffic in each direction. They may or may not be divided, and usually have at-grade intersections with many other roads and driveways.

The SCDPS doesn’t identify specific U.S. and S.C. highways where crashes happened, but recent surveys of car accidents have spotlighted dangerous highways around Columbia and Richland County and throughout South Carolina.

Dangerous Highways Around Columbia and Richland County

The SC Department of Public Safety’s Traffic Crash Facts report says 16,428 traffic collisions occurred on interstate highways in South Carolina during 2017. Based on their shares of 96 fatalities and 3,533 injuries in accidents, the most dangerous were:

1. Interstate 26 – runs from near Landrum in Spartanburg County through Columbia to Charleston
2. I-20 – enters South Carolina near Augusta, Georgia, passes through Columbia and ends in Florence
3. I-85 – enters South Carolina south of Charlotte, N.C., before crossing the Upstate through Spartanburg and Greenville
4. I-95 – runs through Dillon, Florence, Santee, Walterboro and Hardeeville
5. I-77 – runs from the North Carolina state line near Rock Hill south to an interchange with I-26 near Columbia
6. I-385 – links the Greenville area with I-26 southeast to Columbia
7. I-126 – a spur route of I-26 almost entirely within the city limits of Columbia
8. I-526 – a spur route of I-26 serving as a bypass of US 17 North around Charleston
9. I-585 – a spur route connecting to the I-85 Business loop around Spartanburg
10. I-520 – an I-20 spur creating a loop around Augusta, Ga., and North Augusta, S.C.

A recent survey ranked several major freeways that run through South Carolina as being among the country’s 25 most dangerous highways. Those listed are I-20, I-95 and I-85 in the Top 15, U.S. 17 which passes through Myrtle Beach at No. 20 and U.S. 1, which goes through Camden, Columbia and Aiken, at No. 24.

The survey’s rankings were based on the number of fatalities on highways caused by crashes in moving traffic, overturned vehicles, pedestrians being hit and drivers hitting trees.

South Carolina Highways Among ‘Most Dangerous’

For a report published in March 2019 titled States With the Most Dangerous Roads, 24/7 Wall St. calculated the number of motor vehicle fatalities per 100,000 residents in 2018 in states across the country using National Safety Council accident statistics and U.S. Census population estimates.

In its ranking of U.S. states, 24/7 Wall St. said South Carolina ranked No. 2 for most dangerous roads behind Mississippi.

The rate of motor vehicle fatalities across the country varies from fewer than 5 per 100,000 in one state to more than 20 per 100,000 in several others, 24/7 Wall St. said. Overall, the country’s rate is about 12 per 100,000 population. The difference in the likelihood of dying from a car crash depends on a variety of factors, including seat belt use, speed limits, drunk driving rates, and weather.

The survey found in S.C.:

• 1,034 motor vehicle fatalities in 2018 (10th most)
• 50% of those killed were not wearing seat belts (17th highest)
• 60% of fatal crashes were on rural roads (23rd highest).

In April, 24/7 Wall St. reported its Worst Cities to Drive in Every State and chose Florence in South Carolina. “The components of the index — which include average commute time, gas prices, and accident rates — were selected to capture an area’s safety, convenience, and cost of driving,” the report said.

In Florence, the survey found:

• 8 traffic fatalities per 100,000 people

• 23.1-minute average commute time (state average: 24.6 minutes)
• 92.1% of commuters drive to work (state: 91.3%)
• 275.5 car thefts per 100,000 people in 2017.

Talk to Our Columbia Car Accident Lawyers

A serious car, truck or motorcycle accident can happen on any road anywhere in Columbia or elsewhere in South Carolina at any time. At Joye Law Firm, our Columbia car accident attorneys represent people who are injured in accidents or lose loved ones due to others’ negligent disregard for safety.

Contact our auto accident lawyers in Columbia, North Charleston, Myrtle Beach or Clinton, SC, for a free consultation about your options for pursuing compensation from a careless or reckless driver who injured you in a traffic accident. We will be straightforward with you about whether we believe you have a valid legal claim. If we believe we can help, we will offer to handle your car accident case on a contingency fee basis. We do not receive a legal fee unless we recover money for you.

Reach out to Joye Law today. We can come to where you are in South Carolina to meet.

The post Dangerous Highways in Columbia, SC appeared first on Joye Law Firm.

from Joye Law Firm https://www.joyelawfirm.com/2019/12/most-dangerous-interstates-columbia/
via https://www.joyelawfirm.com

First Vaping-Related Death Confirmed in S.C.

A South Carolina woman from the Upstate has become the state’s first casualty in a nationwide epidemic of e-cigarette vaping deaths.

The victim was a woman over 65 with underlying health conditions, Dr. Anna-Kathryn Burch of the S.C. Department of Health and Environmental Control told The Greenville News. A DHEC news release says the woman had been “recently diagnosed with a vaping-related injury” known as e-cigarette, or vaping, associated lung injury (EVALI).

As of early December, the U.S. Centers for Disease Control and Prevention (CDC) reported that 2,291 cases of EVALI had been diagnosed nationwide, including 48 vaping-related deaths. Other deaths were still under investigation.

The CDC has previously said that most patients suspected of suffering from EVALI report a history of using vaping products containing THC. The CDC has identified inhalation of Vitamin E acetate, an additive used in the production of vaping products, as a possible common factor in reported EVALI cases.

THC is the psychoactive component of marijuana.Vitamin E acetate is used as an additive in the production of vaping products because it resembles THC oil. E-cigarettes also contain nicotine, the addictive ingredient in tobacco.

What Does Vaping Do to Your Lungs?

Patients associated with EVALI report such symptoms as:

•  Cough, shortness of breath or chest pain
  •    Nausea, vomiting, abdominal pain, or diarrhea
  •    Fever, chills or weight loss.

A small study published in 2016 found that use of nicotine-containing vaping products triggers lung inflammation and lung tissue damage normally associated with the development of chronic obstructive pulmonary disease (COPD) or emphysema.

Research published in January 2018 found that mice exposed to e-cigarette vapor displayed DNA damage in the lungs, bladder and heart, which could increase the risk of cancer, heart disease, and lung problems.

These studies focused on nicotine in e-cigarettes. The health risks of inhaling a vaporized version of Vitamin E acetate are a concern that was never considered prior to the current EVALI outbreak.

Vitamin E acetate is sticky, like honey, and clings to lung tissue. Researchers do not know exactly how it harms the lungs, but the CDC is considering conducting additional studies to try to understand that.

E-Cigarette Dangers and ‘Popcorn Lung’

The CDC has also said that, while there is a focus on Vitamin E as the culprit in quick-acting vaping-related lung disease, other chemicals in e-cigarettes and their side effects may be just as dangerous.

One such chemical is diacetyl, a flavor enhancer added to “e-juice” liquid by some e-cigarette companies. Diacetyl is better known as the buttery-flavored chemical in foods like popcorn, caramel and dairy products. More than a decade ago, diacetyl in microwave popcorn was linked to deaths and hundreds of cases of bronchiolitis obliterans, a serious and irreversible lung disease also known as “popcorn lung.”

Bronchiolitis obliterans causes scarring of the tiny air sacs in the lungs resulting in the thickening and narrowing of the airways, according to the American Lung Association. “It’s a serious lung disease that causes coughing, wheezing and shortness of breath, similar to the symptoms of chronic obstructive pulmonary disease (COPD).”

SC Lawmakers Work to Curb Youth Vaping

Charleston City Paper explains that South Carolina legislators are expected to consider several approaches to regulating e-cigarettes and vaping when they convene in 2020.

In 2019, legislators toughened the 2006 Youth Access to Tobacco Prevention Act. They defined vaping as a nicotine alternative, prohibited minors from entering retail establishments that sell primarily nicotine products, required schools to prohibit vaping on campus and at school events, and strengthened language about internet sales.

S.C. Rep. Beth Bernstein wants to regulate who sells vaping products and how the products are vetted as genuine. Two other bills related to vaping are being pushed by lobbyists funded by e-cigarette giant Juul Labs Inc., says Charleston City Paper. One would raise the nicotine product purchase age to 21. The other would prevent local governments from banning tobacco use. The latter bill, known as the “pre-emption bill,” passed the House in the last session.

Matthew Carpenter, a tobacco use cessation expert at the Medical University of South Carolina, agrees with raising the purchase age to 21 and also suggests:

• Licensing the sale of e-cigarette and vaping products
• Restricting flavors that could be enticing to young people
• Taxing alternative nicotine products like South Carolina already taxes tobacco.

Juul announced in October it would halt sales of its non-tobacco and non-menthol flavored vaping liquids and stop marketing to youths. The previous month, the Food and Drug Administration had sent a warning letter to Juul Labs, stating that the manufacturer had illegally marketed its products as less harmful than tobacco cigarettes and its representatives had made misleading statements about the products.

In November, Juul said it would halt U.S. sales of its best-selling, mint-flavored electronic cigarettes.

A leading manufacturer of e-cigarette products, Juul Labs has been named in lawsuits filed by adults and underage Juul users who claim they became addicted to nicotine through the company’s products.

Contact Our South Carolina Defective Products Lawyers

If you or your child has become ill or been otherwise harmed, including becoming addicted to nicotine, from using e-cigarettes and other vaping products, the South Carolina product liability attorneys at Joye Law Firm would like to speak to you.

E-cigarettes and vaping have been illegally marketed by Juul as a safer, non-addictive alternative to smoking standard tobacco cigarettes. Under product liability law, manufacturers may be compelled to compensate consumers who used their product and were harmed if the manufacturer knew or should have known is was harmful and failed to adequately warn consumers.

Under South Carolina product liability law, a defective products lawsuit can be brought against a manufacturer, wholesaler and the retailer that sold the faulty item.

Joye Law Firm can help you evaluate the evidence you have to support a potential product liability lawsuit, identify all possible liable parties, and fight to ensure that you receive the full amount of compensation you deserve.

Call Joye Law Firm or fill out our online case evaluation form to set up a free discussion of your case. We have offices in Charleston, Myrtle Beach, Clinton, and Columbia, but our defective products attorneys are ready to take care of your case anywhere in South Carolina.

The post First Vaping-Related Death Confirmed in S.C. appeared first on Joye Law Firm.

from Joye Law Firm https://www.joyelawfirm.com/2019/12/first-vaping-related-death-confirmed-in-s-c/
via https://www.joyelawfirm.com

South Carolina Roads: Rated The Worst in America.

A state-by-state survey of road conditions says South Carolina roads are bumpy, pocked by potholes and among the most dangerous in the nation.

According to ConsumerAffairs, “South Carolina has the worst roads in the U.S., followed by Louisiana, Hawaii, Rhode Island and Delaware. Residents of these states said the roads have potholes, illegible street signs and regular heavy congestion.”

In addition to a variety of federal statistics, the ConsumerAffairs roads survey considered such factors as:

• Motor vehicle accident fatalities on roads per mile
• Percentage of roads in poor, fair and good condition
• Amount the state spends per mile of road

The survey found that 18% of South Carolina roads are in “poor” condition and 35% are “good” roads.

“A respondent in Fort Mill said the streets are ‘not adequate to handle the volume of traffic,’” ConsumerAffairs said. “One respondent called Lancaster ‘pothole city,’ and another in Little River reported cracks and missing pavement.

In a report about the survey, WCNC TV in Charlotte, N.C., says the South Carolina Department of Transportation “noted that the survey released by Consumer Affairs references all public roads in the state. SCDOT owns and maintains about two-thirds of public highways in the state.”

The Insurance Institute for Highway Safety (IIHS), the source ConsumerAffairs used, says there were 924 fatal motor vehicle accidents in South Carolina in 2017 and 988 deaths. IIHS says South Carolina had the highest fatality based on miles travelled in the nation that year.

South Carolina Working to Improve Roads Reputation

ConsumerAffairs notes in the report that South Carolina had increased taxes on gasoline by 4%, which has generated more than $149 million to pay for state road improvements, including resurfacing projects.

This year is the third year of six annual 2-cent gas tax increases. The increase will generate an additional $70 million a year for the state’s roads, The State in Columbia said in June as this year’s increase was about to go into effect.

Officials with SCDOT told WIS TV 10 that over $1 billion in road improvements are in the works.

South Carolina Transportation Secretary Christy Hall told The State in June that the state had $11 billion worth of pavement needs as a result of 30 years’ worth of backlogged maintenance. Since 1987, South Carolina has had one of the lowest fuel taxes in the U.S.

With the fuel tax hike in 2017, SCDOT began a 10-year plan to improve the state’s highways, with an emphasis on repaving roads. The plan includes doubling the percentage of good roads by:

• Rebuilding and repaving roads
• Preserving and maintaining good roads
• Improving 1,000 miles of the “worst-of-the-worst” rural roads where the highest numbers of fatalities occur
• Replacing a significant number of deficient bridges
• Improving the state’s interstate system.

The South Carolina 2017 Traffic Collision Fact Book says the roadway conditions were the primary contributing factor in one fatal accident in 2017 and three in 2016. Roadway conditions were the primary contributing factor in 963 nonfatal car accidents in South Carolina in 2017 and 1,031 in 2016.

How Can Poor Roads Conditions Cause Car Accidents?

Bad road conditions can cause car accidents. If the government agency responsible for maintaining the roadway or a highway contractor can be shown to have neglected its responsibilities and caused your accident as a result, then you may be able to file an accident claim. Typical roadway hazards include:

• Potholes. Holes in the road often form when water seeps into cracks, freezes and expands, which breaks up pavement or asphalt, causing it to collapse. A car that hits a pothole or other broken pavement can blow a tire or suffer other damage that throws it off course and into a collision or may prevent it from stopping in time to avoid a crash.
• Standing water. Cars can hydroplane and crash if they hit standing water on a roadway. Pooled water on the road can also freeze during the winter to create a hazard. Standing water on a road may be caused by poorly designed drainage systems or clogged drains that are not maintained, or faulty roadway design.
• Obscured or missing signage. Governmental bodies are responsible for maintenance that keeps trees, shrubs and other flora from blocking road signs and limiting visibility. They must also replace fallen, stolen or otherwise missing or illegible stop signs, yield signs, and railroad crossing signs.
• Malfunctioning traffic signals. Governmental agencies must repair malfunctioning stoplights and railroad crossing signals and gates as soon as possible. Police officers should direct traffic at intersections without functioning lights. Railroad officials should be warned of malfunctioning gates, and trains should stop to dispatch signalmen to improperly guarded crossings.
• Obscured or missing lane markers. Faded white and yellow lane markers should be repainted after repaving in a timely manner. Lane markings are particularly important to safety in curves and no-passing zones.
• Work zones. A highway work zone exposes workers and drivers to hazards if the zone is not properly designed and signaled. A work zone must segregate traffic from workers and have signage and/or flaggers positioned to ensure that drivers are advised in time to slow down.

Contact a South Carolina Car Accident Attorney

If you have been injured in a car or truck accident that was caused by poor road conditions, you may be able to recover compensation for your losses. The car accident attorneys of Joye Law Firm can discuss a claim with you at no charge.

Joye Law Firm has offices in Charleston, Columbia, Clinton and Myrtle Beach, and serves clients from across South Carolina. Contact us today or complete our free, no-obligation accident questionnaire.

The post South Carolina Roads: Rated The Worst in America. appeared first on Joye Law Firm.

from Joye Law Firm https://www.joyelawfirm.com/2019/12/south-carolina-ranks-worst-for-roads-in-usa/
via https://www.joyelawfirm.com

Understanding How Comparative Negligence Can Affect My Injury Claim

The civil justice system in the United States has specific laws that vary from state-to-state, including the way fault and damages are apportioned in personal injury cases.

South Carolina, like the majority of states, has a modified comparative negligence or comparative fault system. In a nutshell, a comparative negligence system allows a victim to obtain compensation for injuries and financial losses, even if he or she is partially to blame for what happened, subject to certain limitations.

The attorneys at Joye Law Firm help people who have been injured as a result of others negligence seek compensation for their injuries and losses. Founded in 1968, Joye Law Firm has offices in Columbia, North Charleston, Clinton, and Myrtle Beach to serve accident victims and their families. Our personal injury firm can help protect your rights to the compensation that you need and deserve.

Call (803) 393-7891 or contact us online to schedule a free consultation to discuss your case in more detail.

What is Comparative Negligence?

Comparative fault allows for compensation to be awarded in proportion to the negligence of the parties involved. Modified comparative fault systems again vary by state.

South Carolina is one of the states that essentially has a 51% cutoff rule. Under the South Carolina comparative negligence law, a victim can recover money for accident-related injuries as long as he or she was less than 51 percent responsible for the accident. Insurance adjusters representing those involved in an accident assign fault to each side in an accident. If a case goes to trial, then the jury determines the degree of fault.

If you are partially at-fault and are awarded damages by a jury, then your award would be reduced by your degree of fault.

How Can it Affect My Compensation?

When a South Carolina jury decides a personal injury case, comparative negligence means that the compensation awarded in a civil action is subject to a reduction in proportion to a plaintiff’s negligence.

For example, assume a judge or jury awards a victim $100,000 in a personal injury case for which he or she is found to have been 25% at fault. Under South Carolina comparative negligence law, a state court reduces the verdict by $25,000, resulting in a $75,000 recovery. In the same scenario, if the plaintiff was deemed 50 percent at fault, he or she would be entitled to recover $50,000. However, if the jury found the person to be 51 percent or more liable, the person would not be entitled to any compensation.

Insurance companies and defense lawyers are likely to argue that your own negligence was a major contributing factor in the accident. Shifting the blame is a standard strategy employed to minimize the insurer’s liability and the amount that the insurer has to pay to resolve a claim.

For this reason, never try to negotiate on your own with the negligent party’s insurance company. Let an experienced personal injury lawyer handle the negotiations on your behalf. Assigning fault is a very fact-sensitive and complicated matter best left to a trained legal professional who can gather all the appropriate evidence and negotiate on your behalf.

How is Comparative Negligence Applied Under SC Law

A plaintiff in a negligence lawsuit in South Carolina can recover money damages so long as his or her negligence is less than 51 percent.

The general principles of a negligence claim are that a defendant owed a duty of care to a plaintiff, the defendant breached that duty of care, that breach of duty caused the plaintiff’s injuries, and those injuries caused damages. South Carolina adopted comparative negligence for motor vehicle accidents in 1962 and applied it to all injury cases in 1988.

Pure vs. Modified Comparative Negligence

A dozen states have pure comparative fault systems in which accident victims may still collect damages, even if he or she is primarily at fault.  While pure comparative fault does allow a victim to recover damages regardless of their degree of negligence, the amount of compensation awarded will still be reduced to offset the victim’s percentage of negligence.

The bottom line is that a claim that might have been barred outright in a modified comparative state such as South Carolina could still end up proving to be almost equivalent to a lost cause in a pure comparative state.

Let’s assume a car accident victim files a lawsuit even though it is established that he or she was 90 percent at fault. Assume further that the victim/plaintiff claims damages in the amount of $100,000. Even after theoretically winning the case, the plaintiff would only recover $10,000 with the application of pure comparative negligence. The attorney’s fee and case expenses would be deducted from this amount.

Contact an Experienced Personal Injury Attorney in South Carolina

In any personal injury case, the degrees of fault are major factors in out-of-court settlement negotiations and in cases presented to juries at trial. You need to be especially cautious with anything you say to an insurance company that represents that you were partly responsible for a car crash or other injury. You are usually better served to just let a skilled personal injury lawyer deal with an insurer for you.

Never provide a recorded statement to a claim adjuster or other representative for an insurance company, no matter how harmless they might make it sound. Never accept at face value an insurance adjuster’s assessment of the proportion of fault either. Insurers often try to use formal or informal statements to get accident victims to inadvertently admit to acts of negligence or blame that can be later used to reduce or deny injury claims.

Joye Law Firm, with four offices across South Carolina, offers more than 250 years of combined experience helping personal injury victims pursue personal injury claims. Call (877) 941-2615 or contact us online to schedule a free consultation.

The post Understanding How Comparative Negligence Can Affect My Injury Claim appeared first on Joye Law Firm.

from Joye Law Firm https://www.joyelawfirm.com/2019/11/how-comparative-negligence-can-affect-my-injury-claim/
via https://www.joyelawfirm.com

At What Price Can You Reach Greatness?

Blog by attorney Ken Harrell

I have just finished Andre Agassi’s autobiography, “Open.”  Never was a book more aptly named.  I can’t say that I ever gave a lot of thought to Agassi during the height of his career.  If you grew up in Waverly, Virginia in the 1960’s and 1970’s, there were three sports – football, basketball, and baseball.  I can honestly say that I don’t think I ever saw a real soccer ball until I went to college and I had equally little exposure to tennis and golf (which we considered to be sports for rich people).  To the extent that I was aware of Agassi, I thought of him as something of a brash punk seeking the spotlight with ever-changing hair and fashion choices that made the traditional tennis world uneasy.  After reading Agassi’s autobiography, I’m certainly a fan of the man he evolved into.  It’s rare to read an autobiography that doesn’t have a sheen of pompous waxing, especially one by a celebrity (Agassi was married to Brooke Shields for a few years in the 1990’s).  To the contrary, Agassi bared his soul in this book.  He spoke about how he came to hate tennis due to a controlling father who drove him relentlessly, and a stint at a tennis academy during his high school years.  He spoke of his abject failure academically.  He admitted many personal faults and lapses in judgment (including a stint of crystal meth use) that had him on the brink of squandering his immense talents during the height of his career.  He also wrote about the frustration of being over-shadowed throughout his career by Pete Sampras, who defeated Agassi in a number of top tournament championships.  Through it all, Agassi found a way to keep going – to keep re-making himself physically and to find some deeper sense of purpose in the game.  He ended his career having won eight Grand Slam events and having spent several periods of time ranked as the number one tennis player in the world.  Unquestionably, Andre Agassi was a “great” tennis player.

Agassi’s book left me thinking about the cost of greatness for all of us, in whatever endeavor we choose.  Greatness is something that just about everyone claims to aspire to, although I’m convinced that only a very few people are truly committed to doing what it would take to be “great” in their field.  As the managing partner of the Joye Law Firm, I’m very proud of the law firm we’ve built over the past 50 years.  Much of the credit obviously goes to Reese Joye, our founder, and my law partner Mark’s father.  Reese certainly laid the foundation for us to be successful.  However, I’m also proud of the work Mark and I have done over the past 25 years to transform the firm into something far grander than Reese could have envisioned.  None of this would have been possible if we didn’t have excellent lawyers and employees working for us.  We have 18 lawyers at our law firm.  I can undoubtedly say that all of them are very good at what they do.  You can’t be a lawyer at this law firm without being good at your craft.  There are also a few of our lawyers who are great at what they do.  Just as with tennis greatness, there are a few traits that separate the great trial lawyers from the rest of the pack.

What are those traits?

First, and foremost, is a work ethic that is hard to match.  In his book “Outliers”, author Malcolm Gladwell opined that it takes 10,000 hours of practice for someone to master their craft.  I would agree with that.  Depending on how many hours a week someone is working, that’s four to five years of working.  There has never been a new lawyer who had any idea of how to be a good lawyer on their first day of work.  In my experience, it takes four to five years of experience before a lawyer truly has his or her sea legs under them to such an extent that they truly feel confident about doing their job.  Fortunately, fledgling lawyers at our law firm are surrounded by a pack of lawyers who are willing to guide and teach them, and who are vested in seeing them succeed.  However, Gladwell’s belief about the need to invest 10,000 hours are about how much time is needed to be competent in a craft, not to become great.  The great lawyers have an engine that seems to run hot all the time.  As I write this article on a Sunday afternoon in my office, I am reminded that the same two or three lawyers seem to be the ones I see working on weekends or late at night.  There is a high cost for greatness.  It is not for everyone.

Second is a level of competitiveness that borders on obsession.

Great trial lawyers love to win.  However, what really drives them is that they hate to lose more than anything imaginable.  All great trial lawyers lose cases.  All great athletes lose games and matches.  If a lawyer tells you he’s never lost a case, you’re talking to a lawyer who’s likely afraid of the courtroom (or who has spent his career cherry picking the cases he tries on the rare occasions he enters a courtroom).  The great trial lawyers not only learn from their defeats but they are sickened by them.  They lose sleep, they lose appetite, they go through a deep funk.  When a lawyer is that deeply affected by his losses, his competitive drive will help spur him to greatness.

Third is courage.

I’ll brag on my law partner Mark here.  Over the past year and a half, Mark has obtained two stellar verdicts in federal court – one for $6 million and the other for $12 million.  Now that would be impressive in and of itself.  However, what’s truly impressive is that prior to the trial of these two cases, Mark turned down a $3.5 million offer on the first case and an $8.7 million offer on the second.  If you find a trial lawyer who has the courage (and the cajones) to turn down offers of $3.5 million and $8.7 million and then to go out and get higher verdicts, you’ve found yourself a great trial lawyer.  That’s a rare bird indeed.

Finally, great trial lawyers have a deeper sense of purpose that goes beyond a specific case and making a lot of money.

Andre Agassi eventually found some purpose in tennis after marrying Steffi Graf (arguably the greatest women’s tennis player ever) and having children.  More importantly, he was driven to succeed because he realized it would help him realize his goal of building a college preparatory academy in inner-city Las Vegas.  (The Democracy Preparatory Academy at Agassi Campus will turn 20 next year.)  The same commitment to a cause greater than a single case is a trait shared by many of the best trial lawyers.  It starts by helping a client whose life has been catastrophically affected by a severe injury or by the death of a loved one start to rebuild their lives but it can often go beyond that.  When Mark and I were young lawyers, we were fortunate to participate in a case which resulted in a $262.5 million verdict against Chrysler related to a defect with the latch on its minivan’s rear door.  Mark’s closing argument, in that case, has been featured in books published on the art of a great closing argument.  That verdict was eventually vacated by the Fourth Circuit Court of Appeals and the case then settled for a much lower amount.  What the Fourth Circuit couldn’t vacate was the recall of these minivans by Chrysler to repair the defective latches.  The verdict our law firm obtained played a role in saving lives – and there are countless other examples of civil trial results spurring safety improvements that have benefitted all of us.

The post At What Price Can You Reach Greatness? appeared first on Joye Law Firm.

from Joye Law Firm https://www.joyelawfirm.com/2019/11/at-what-price-greatness/
via https://www.joyelawfirm.com

Vitamin E Acetate: Could this be the cause of vaping lung damages?

Health authorities say a form of vitamin E has been identified as a “very strong culprit” in a nationwide outbreak of lung injuries related to the use of e-cigarettes.

The Centers for Disease Control and Prevention (CDC) said in a November 8 statement that fluid samples collected from the lungs of 29 patients in 10 states across the country with vaping-associated lung injury contained Vitamin E acetate, which is used as an additive in some vaping products.

The outbreak of e-cigarette-related lung problems has killed 40 people and sickened 2,051 since March, according to the Washington Post. The South Carolina Department of Health and Environmental Control (DHEC) says it has 33 cases of vaping-related respiratory illness “confirmed or probable.” It is investigating reports of suspected vaping-related illnesses in all four regions of the state. Those diagnosed with vaping-related lung injury in South Carolina range in age from 13-69, though they are typically young male adults or teenagers.

Many patients have been hospitalized in intensive care units. Dr. Armin Meyer, a pulmonologist in Greenville, SC, said in a Facebook video that he has had six patients, some of whom “have been critically ill, requiring high amounts of oxygen and even … artificial life support.”

According to The Post, the illness is related to illicit or bootleg vaping products “that are essentially a stew of unknown chemicals concocted, packed and sold by unknown manufacturers and sellers.”

What is Vitamin E Acetate and Why is it in E-Cigarettes?

Vitamin E is found in many foods, including vegetable oils, cereals, meat, fruits and vegetables. Alpha-tocopheryl acetate (ATA) is a specific form of Vitamin E that is often found in skincare products and dietary supplements.

An acetate is a salt or ester compound formed from acetic acid. Sodium (salt) acetate has anti-caking properties.

E-cigarettes work by heating a liquid to produce an aerosol that users inhale into their lungs. The liquid in an e-cigarette can contain nicotine, tetrahydrocannabinol (THC) and cannabinoid (CBD) oils, and other substances and additives.

The CDC says Vitamin E acetate is used as an additive in the production of vaping products because it resembles THC oil. THC is the psychoactive compound of marijuana. Vitamin E acetate is also used as a thickening ingredient in e-liquids.

Vitamin E acetate usually does not cause harm when ingested as a vitamin supplement or applied to the skin, according to the CDC. However, research suggests when vitamin E acetate is inhaled, it may interfere with normal lung functioning.

Dr. Anne Schuchat, principal deputy director of the CDC, said at a news briefing that fluid samples taken from the lungs of 29 patients, including two who died, “provided evidence of vitamin E acetate at the primary site of injury in the lungs.”

Vitamin E acetate is sticky, like honey, and clings to lung tissue. Researchers do not know exactly how it harms the lungs, but studies in animals are being considered to help explain that, Schuchat said.

Schuchat also left open the possibility that other chemicals or toxins from vaping fluids or devices could be causing the severe respiratory ailments, the Post said.

Symptoms of e-cigarette-related lung injury include breathing difficulty, shortness of breath and/or chest pain. Some patients have reported mild to moderate gastrointestinal illness, including vomiting, diarrhea, and fatigue.

As WIS News in Columbia has reported, many of the symptoms of vaping-related illness and the flu are similar, such as coughing, shortness of breath, chest pain, nausea and vomiting. The two – the flu and e-cigarette lung injury – can co-exist and amplify each other, making the combination more dangerous and potentially deadly.

CDC Recommendations About Vaping

The CDC says that since the specific compound or ingredient causing lung injury is not yet known, “the only way to ensure that you are not at risk while the investigation continues is to refrain from use of all vaping products.

Further, the CDC recommends that you do not use vaping products that contain THC. The CDC also recommends that people do not:

• Buy any type of e-cigarette or vaping products, particularly those containing THC, off the street.
• Modify or add any substances to e-cigarette or vaping products that are not intended by the manufacturer, including products bought through retail establishments.

SC DHEC adds that e-cigarettes should never be used with other smoked tobacco products and that “these products are not safe for youth or young adults.”

South Carolina is one of several states where it is illegal for minors to buy or possess e-cigarettes or other electronic nicotine distribution systems (ENDS).

Get Legal Help for Vaping Lung Damages

South Carolina residents injured by the use of e-cigarette vaping products may be entitled to seek compensation for their medical bills and other losses through a product liability claim. Numerous states and local school districts have filed lawsuits against leading e-cigarette manufacturer Juul, charging that the e-cig maker purposely targeted teens and young adults with flavored vaping products.

As The New York Times reports, Juul Labs, the nation’s largest seller of e-cigarettes, announced ahead of an anticipated FDA flavor ban that it would discontinue sales of mint-flavored pods, which teenagers have cited as among their favorites. Previously, Juul settled a lawsuit by agreeing to stop advertising to youths.

The first individual lawsuits over vaping injuries and deaths have already been filed across the country and many more e-cigarette lung injury lawsuits are expected.

Companies that design, produce and sell products have an obligation to make them safe or adequately warn about any inherent dangers. When they fail to do so, they should be made to compensate the victims of their defective products.

The South Carolina defective products attorneys of Joye Law Firm can help you seek full compensation if a defective vaping product is to blame for your injuries. We have nearly 250 years of combined legal experience and are committed to helping people who have suffered a life-changing injury because of unsafe products. Contact Joye Law Firm today.

The post Vitamin E Acetate: Could this be the cause of vaping lung damages? appeared first on Joye Law Firm.

from Joye Law Firm https://www.joyelawfirm.com/2019/11/suspected-cause-of-vaping-lung-damage-identified/
via https://www.joyelawfirm.com

Food Safety Violations Discovered In Nursing Homes

A nationwide investigation of nursing homes has uncovered thousands of food safety violations of the type that could lead to deadly foodborne illness among nursing home residents.

The investigation by FairWarning, a nonprofit news organization based in Southern California, focuses on public health, consumer and environmental issues. The organization charges that its review of inspection reports, federal data and interviews with residents and long-term care experts indicates that nursing home residents nationwide are at risk for foodborne illness from unsafe kitchens. Food safety experts fear that problems may be worse in assisted living centers, which lack the federal oversight of nursing homes.

Foodborne illness is a threat to people of any age. But those over 65 are especially susceptible due to weakened immune systems, chronic diseases, and age-related changes in their digestive systems, the report says.

Adults age 65 and older are more likely to be hospitalized or die from foodborne illness, according to the U.S. Department of Health & Human Services.

The FairWarning report says records from the Centers for Medicare & Medicaid Services show that South Carolina was among the states with the most enforcement actions for violations of federal food safety standards for nursing homes in 2018.

The Joye Law Firm in South Carolina can assist you if you or a loved one of yours has been hospitalized or died from a food-borne illness contracted while a resident of a S.C. nursing home. Our nursing home abuse and neglect attorneys may be able to help you hold the nursing home accountable and recover compensation for your loss.

Poor Hygiene In Nursing Home Kitchens

Inspection records from the Centers for Medicare & Medicaid Services, which regulates nursing homes that receive federal money, show that unsafe food handling was the third most frequently cited violation last year in America’s estimated 15,700 nursing homes. Only infection control deficiencies and accident hazards were cited more often.

In 2018, 33 percent of the nation’s nursing homes were cited for violating federal requirements to safely store, prepare and serve food.

Since January 2016, about a third of all nursing homes were cited two or more times for the same food safety violation, according to a FairWarning analysis of federal nursing home data. During that period, 1,553 nursing homes – 10 percent – were cited three or more times for the same failure.

The FairWarning report says that nursing home inspection reports, available online, describe a chronic lack of hand-washing; months-old expired food; workers handling raw meat with bare hands, then touching residents’ food; and microwaves and stovetops caked with debris.

A 2015 report by the nonprofit Center for Science in the Public Interest found that states vary widely in how well they detect and report foodborne illnesses.

FairWarning also says less than 1 percent of food safety violations in nursing homes are deemed serious enough to warrant a high-level citation. It quotes a spokeswoman for the Centers for Medicare & Medicaid Services who said that multiple factors are considered in imposing fines or other enforcement actions. In weighing penalties, she said, the government considers the level of harm and number of residents affected.

Michael Connors of California Advocates for Nursing Home Reform, a San Francisco-based nonprofit, told FairWarning that much of the blame lies with nursing home operators who routinely skimp on residents’ dietary needs or slash kitchen staff to save money and increase profits.

“By treating life-threatening conditions (in the kitchen) as minor problems, regulators are sending a message to nursing home operators that no change is needed,” Connors said.

Dr. David Gifford, a senior vice president and chief medical officer of the American Health Care Association, a trade group for long-term care providers, defended the industry’s handling of food safety. “The vast majority of issues identified during inspections are important to correct but are rated by the state and federal officials as unlikely to put anyone’s health at significant risk.”

Examples of less critical offenses that can result in citations include things like staff members failing to wear gloves, a bearded worker without a face guard or unlabeled leftovers.

Federal Government to Do Less to Protect Nursing Home Residents

In July, the Trump Administration moved to roll back a series of protections for nursing home residents, including one proposal that would lower the qualifications for directors of food and nutrition services at long-term care facilities. The government contends that the changes would eliminate requirements that are unnecessary, obsolete or excessively burdensome.

The Trump administration proposal includes requiring a director of food and nutrition services to either have a minimum of 2 years of experience in the position of a director of food and nutrition services, or to have completed a minimum course of study in food safety that includes such topics as foodborne illness, sanitation procedures, and food purchasing/receiving. A person in the position would receive “frequently scheduled consultations” from a qualified dietitian or other clinically qualified nutrition professional.

The proposal states that its intent is to reduce long-term care facilities’ training and hiring costs.

Currently, if a qualified dietitian or other clinically qualified nutrition professional is not employed full-time, the director of food and nutrition services must be a certified dietary manager, a certified food service manager, have similar national certification for food service management and safety from a national certifying body or have an associate’s or higher degree in food service management or in hospitality (with food service or restaurant management coursework).

FairWarning says comments recently submitted to the government call the proposal risky and “a step backwards in healthcare.”

Contact a Nursing Home Abuse Attorney

A South Carolina nursing home abuse and neglect attorney from Joye Law Firm can help you if you or a loved one has been injured by foodborne illness due to poor hygiene in a long-term care facility kitchen or food services. We use our skills and experience to help protect the health and safety, legal rights and financial interests of nursing home residents and others in long-term care institutions.

Joye Law Firm has offices in Charleston, Myrtle Beach, Clinton, and Columbia, but our nursing home abuse attorneys are ready to take care of your case anywhere in South Carolina. Call Joye Law Firm. You can reach us at (877) 936-9707 or fill out an online form for a free case review.

The post Food Safety Violations Discovered In Nursing Homes appeared first on Joye Law Firm.

from Joye Law Firm https://www.joyelawfirm.com/2019/11/food-safety-violations-discovered-in-nursing-homes/
via https://www.joyelawfirm.com

South Carolina Lane-Splitting: Is It Legal?

Motorcycle riders in South Carolina who get into accidents while riding between lines of traffic – a practice known as “lane-splitting” – should know that they may still be eligible to file and recover money from an insurance claim.

Now and then our S.C. motorcycle accident lawyers hear from riders injured in accidents caused by cars hitting or “dooring” them. The riders say they were moving between lines of congested traffic when the accident occurred. They fear that they have no recourse to file an injury claim. However, that is not necessarily the case.

Lane-splitting is not legal in South Carolina (SC Code Section 56-5-3640(c)). But, because of the way South Carolina decides fault and awards compensation in injury claims, a motorcyclist may still obtain a partial financial recovery in such an accident. You will certainly need the assistance of an experienced South Carolina motorcycle accident attorney to present your strongest case for compensation. A lawyer from Joye Law Firm would like to discuss your case with you and advise you at no charge.

What Is Lane-Splitting?

A motorcycle rider is lane-splitting when he or she rides between two vehicles or two lines of traffic headed in the same direction. A rider might ride along the dotted line separating two lanes on a multilane highway, for example. Riders often split lanes in slow-moving or standstill traffic. The maneuver is sometimes called “filtering,” “white-lining” or “stripe-riding.”

Lane-splitting should not be confused with lane-sharing, in which two motorcyclists ride side-by-side in the same lane. South Carolina law expressly permits motorcyclists to ride two abreast in a single lane (SC Code Section 56-5-3640(a) and (d)). 

The same statute provides that a motorcyclist not sharing with another motorcycle has the right to the full width of a traffic lane, making it illegal for a motorist to encroach on a motorcyclist’s lane.

Only California and Utah expressly permit motorcycle lane-splitting. The state of California adopted lane-splitting in 2016. Utah’s law addressing “lane filtering” went into effect this year.

Many states are silent on the practice of lane-splitting, which leaves some to argue it is therefore legal in those states.

Is Lane-Splitting Safe?

If you are a motorcyclist, you know that when a motorist runs into a motorcycle, the driver inevitably claims that he or she never saw the motorcycle. Every rider has heard such a story. And a motorcyclist who is lane-splitting is putting himself or herself in a position where a motorist is even less likely to look for them.

But lane-splitting often occurs in slow or stopped traffic, such as during rush-hour commutes. In South Carolina, a motorcyclist might resort to lane-splitting to avoid tourist congestion in an area such as Myrtle Beach or Charleston. 

Supporters of lane-splitting say the practice allows motorcyclists to “avoid being rear-ended by distracted drivers in stop-and-go traffic,” according to a report by the Pew Charitable Trusts.

A study by the Safe Transportation Research & Education Center at the University of California Berkeley found that lane-splitting riders were significantly less likely to be rear-ended than non-lane-splitting riders. Because lane-splitting motorcyclists are likely to be moving slowly, they “were much less often injured during their collisions.” 

The Berkeley study also suggests that lane-splitting is safe if motorcyclists do not exceed the speed of other vehicles by more than 15 mph. Researchers found that 69 percent of lane-splitting motorcyclists exceeded traffic speed by 15 mph or less and speed differentials up to 15 mph were not associated with changes in the frequency of injury.

The Motorcycle Safety Foundation, which is a part of the National Highway Traffic Safety Administration (NHTSA), supports lane-splitting, saying allowing motorcyclists to choose their position on a roadway can enable them to increase their visibility, avoid road surface hazards, maximize their view of traffic ahead, and maintain an escape route to avoid being trapped or struck from behind.

However, the AAA auto club opposes lane-splitting. Its clubs have helped defeat legislation to allow it in Georgia, Hawaii and Texas. “Motorists who don’t expect to be passed by a vehicle traveling between lanes can side-swipe a motorcycle or turn into its path,” said Richard Romer, AAA’s state relations manager.

The Governors Highway Safety Association, which represents state highway safety departments, doesn’t take a formal position on lane-splitting. But Richard Retting, a traffic safety consultant to the group, told Pew that lane-splitting is a risky activity.

What an S.C. Motorcycle Accident Lawyer Can Do After a lane-splitting Accident

If you were ticketed for lane-splitting when police responded to your motorcycle accident, you can expect the insurance company to deny your claim. As with most insurance claim denials, you should have an experienced attorney look at the case and discuss your legal options.

South Carolina personal injury claims follow the legal doctrine of comparative negligence (SC Code Section 15-38-15). The share of blame of each participant in a vehicle accident is compared. If a case goes to court, a jury decides how much blame each party should bear for the accident. In a motorcycle accident, if the motorcyclist was 50 percent or least at fault for the severity of his or her injuries, he or she may still recover damages from others who were at-fault.

Therefore, a motorcyclist who engaged in lane-splitting may still be entitled to compensation, such as for medical expenses, lost wages, and pain and suffering, though the overall amount the injured rider would receive could be reduced by the percentage of fault.

Let’s say you were lane-splitting through standstill traffic along Myrtle Beach’s Grand Strand and a motorist made an illegal left turn and hit you. Your attorney could argue that it was the illegal left turn that caused the accident. Except for the illegal turn, you would have never been injured. The jury may conclude that the driver was 60 percent responsible for the accident and you were 40 percent at fault.

In such a case, a $100,000 award for damages would be reduced but still result in $60,000 for you.

As your legal advocates, Joye Law Firm would investigate the motorcycle accident to determine what happened and who had responsibility for your injuries. We would assemble all evidence favorable to you into a persuasive case. While each case stands on its own, our track record across South Carolina shows our experience with personal injury cases and we know how to do this successfully.

Contact Our South Carolina Motorcycle Accident Lawyers

Never take no for an answer from an insurance company after being injured in a motorcycle accident. Let Joye Law Firm review your case and your options in a free legal consultation. Motorcycle injury attorneys from our firm know South Carolina’s personal injury and comparative negligence laws and will fight to make an insurance company live up to its obligations to you.

We have offices in Charleston, Myrtle Beach, Clinton and Columbia and take motorcycle accident cases from across South Carolina. Contact us today.

The post South Carolina Lane-Splitting: Is It Legal? appeared first on Joye Law Firm.

from Joye Law Firm https://www.joyelawfirm.com/2019/10/south-carolina-lane-splitting-is-it-legal/
via https://www.joyelawfirm.com

Unrestrained Dogs in Cars Create Serious Risk of Accidents

We love our pets as much as anyone, but we know that when pets travel with us in a car or truck, they must be crated or restrained, or they can cause a car crash.

A recent study from Volvo Car USA and The Harris Poll says both drivers and pets are stressed when pets roam free in a moving vehicle and drivers commit significantly more unsafe driving actions.

The study, which followed 15 drivers and their dogs for more than 30 hours on the road, said that examples of dog behavior that create driver distractions include a dog climbing on a driver’s lap, jumping from seat to seat or hanging its head out the window.

Dr. Elisa Mazzaferro, president of the American College of Veterinary Emergency & Critical Care, said that having an unrestrained pet in a vehicle increases the likelihood of distracted driving and of serious injury in the event of a crash.

“Unfortunately, in my field, we see the potential devastating consequences regularly, many of which can avoided by simply ensuring our animals are safely secured,” Mazzaferro said in a statement accompany the study.

As car accident attorneys in South Carolina, the lawyers at Joye Law Firm see the devastating consequences of distracted driving, as well. Dealing with a pet while driving is among many potential driver distractions that contribute to thousands of car accidents and injuries in South Carolina every year.

Pets Don’t Belong Behind the Wheel

The AAA auto club says its survey showed that 84 percent of respondents had driven with pets on a variety of car trips, but only 16 percent used any form of pet restraint system when driving with their dog.

Other survey findings indicate that the danger of driving with a dog in the car is real:

• 29 percent of respondents admit to being distracted by their dog while driving.
• 65 percent have displayed at least one distracted behavior while driving with their dog:
• 52 percent have patted their dog while driving.
• 17 percent allowed their dog to sit in their lap.
• 13 percent of drivers admitted giving food or treats to their dog while driving.
• 4 percent acknowledged playing with their dog.

“All these behaviors can distract the driver and increase the risk of a crash,” AAA says.

Orvis, a retailer that sells hunting equipment, points out that in addition to being a distraction, an unsecured dog can become a projectile in a car accident and cause serious injury — or death — to the dog and/or passengers in the car.

Few States Address Restraining Pets in Vehicles

Despite what many suggest is the obvious danger of a pet essentially running free in a moving vehicle, few states have laws that prohibit driving with an unrestrained dog in your vehicle. South Carolina has no such law.

“Some states, including Arizona, Hawaii, and Connecticut may charge a driver under distracted driving laws if he or she drives with a dog in their lap. Drivers in Los Angeles may be ticketed for driving at an unsafe speed if they’re caught with a dog in their lap — the LAPD states that no speed is safe with a pet in your lap.”

Driving with unrestrained animals in the car could fall under state animal cruelty laws in some locations, Orvis says.

Orvis says there is some language in South Carolina laws that indicates you should not drive with an unrestrained dog in your car.

A survey of legislation by the Go Pet Friendly blog suggests South Carolina drivers risk a ticket for negligence or another offense when driving with a pet in their lap if a law enforcement officer considers the situation unsafe.

Lance Cpl. David Jones of the S.C. Highway Patrol told The State newspaper in 2018 that he has responded to crashes in which dogs were a distraction. “The first thing (the driver) will say is that the dog was in the back seat and jumped into their lap.”

Options for Restraining Dogs Riding in Cars and Trucks

There are numerous options for restraining pets in vehicles, including pet seat belts, harnesses, crates and carriers.

Volvo, the unrestrained pets study sponsor, makes safety accessories for pets, as do many companies. Volvo pet accessories, which directly tie into the safety systems of their cars, include a dog harness, load compartment divider, dog gate and protective steel grille.

Safety-certified, crash-tested crates are the best option to ensure your dog’s safety when traveling. Make sure to select the right size crate for your dog and that it allows good air circulation for the dog’s comfort, the site says.

AAA says seat belts designed for dog limit a pet’s ability to distract the driver, restrict pet movement in a crash, and mitigate the force of impact suffered in a crash. The Sunday Times of London says in its discussion of the Volvo study a restrained dog should travel on the back seat behind the front passenger seat and never behind the driver, where it could grab ahold of clothing and/or otherwise cause the driver to lose control of the vehicle.

Contact Joye Law Firm’s Car Accident Attorneys

Joye Law urges that all drivers properly restrain and protect their pets to prevent pet-related distracted driving accidents.

Joye Law Firm is a longtime supporter of various animal causes, including the Charleston Animal Society. In 2019, the law firm received a community ambassador award recognizing exemplary support for the Animal Society. Over the past 12 years, Joye Law Firm has contributed more than $50,000 to activities conducted by the Animal Society.

If your life has been shattered by an injury caused in an accident caused by another driver, our South Carolina personal injury lawyers can help you put the pieces back together. We can help you recover financial compensation for the full extent of your losses.

Find out how we can help you. Call (877) 937-9707 or use this online contact form to set up a free and confidential legal consultation.

The post Unrestrained Dogs in Cars Create Serious Risk of Accidents appeared first on Joye Law Firm.

from Joye Law Firm https://www.joyelawfirm.com/2019/10/safest-way-to-drive-with-dog-in-car/
via https://www.joyelawfirm.com

How The Elderly At Nursing Homes Are Exposed To Deadly Fungus and Other Fatal Infections

Nursing homes are a primary source of a deadly drug-resistant fungal infection that is spreading in hospitals across the country, according to a recent report. Seriously ill nursing home patients with the fungus tend to take multiple antibiotics, which increases the infection’s drug resistance. It can easily spread from resident to resident and to others outside the nursing home.

“(P)ublic health experts say that nursing facilities and long-term hospitals are a dangerously weak link in the health care system, often understaffed and ill-equipped to enforce rigorous infection control, yet continuously cycling infected patients, or those who carry the germ, into hospitals and back again,” the New York Times report says.

The Times report centers on Candida auris, a highly contagious, drug-resistant fungus that has infected nearly 800 people since it arrived in the United States four years ago, with half of patients dying within 90 days. 

In New York, 396 people are known to be infected and another 496 are carrying the germ without showing symptoms, according to public health officials. The Times cites a Brooklyn skilled nursing facility where 38 cases of C. auris have been diagnosed. In Chicago, half of patients living on dedicated ventilator floors in the city’s skilled nursing homes are infected with or harboring C. auris on their bodies, the Times says.

Nursing homes are caldrons that are constantly reseeding hospitals with increasingly dangerous bacteria, Betsy McCaughey, a former lieutenant governor of New York who leads the nonprofit Committee to Reduce Infection Deaths, told the newspaper. 

1. auris preys on people with weakened immune systems and is impervious to major antifungal medications, the Times said in April. It is particularly found in patients on ventilators, which are difficult to adequately clean. After a patient at Mount Sinai Hospital in New York died from C. auris, tests showed it everywhere in his room. It was so invasive that the hospital needed special cleaning equipment and had to remove some of the ceiling tiles and floor tiles to eradicate it.

As of July 31, the Centers for Disease Control and Prevention (CDC) had confirmed 769 cases of C. auris in 13 states, 30 “probable” cases in those states and “an additional 1,540 patients … found to be colonized with C. auris by targeted screening in 12 states with clinical cases.”

There were no cases in South Carolina, but one case in neighboring Georgia.

How Do Infections Occur And Spread In Nursing Homes?

Bacteria, viruses, fungi or parasites can cause infection or infectious diseases. Some infectious diseases can be passed from person to person through direct contact or airborne contact through coughing or sneezing. Some infectious disease organisms can live outside of animal bodies for lengthy periods and be picked up from contact with them on hard surfaces, bedding, clothing, eating utensils, discarded medical tools or bandages.

If a nursing home or other medical facility is not properly cleaned or used instruments and materials are not disposed of or confined until they can be cleaned, infectious diseases will spread.

A 2017 study published by Nursing Times says, “Care home residents share air, space, food and equipment, so they also share organisms that can easily cause infection outbreaks, such as viruses and bacteria. They are also more prone and vulnerable to infections, which can lead to death.”

Common Infections Found in Nursing Homes

The Nursing Times report says the most common types of disease outbreaks in nursing homes are outbreaks of respiratory infections and gastrointestinal infections. 

A study of common infections in nursing homes published by the National Institutes of Health (NIH) says gastroenteritis, influenza and skin infections are the most common epidemic (widespread) infections.

The NIH study found that infections were 93.5% more likely among nursing home residents on ventilators, feeding tubes, or urinary catheters than residents who did not require those devices. 

Infections contracted while under medical care are known as healthcare-associated infections, or HAIs. In nursing homes and long-term care facilities (LTCFs), 1 to 3 million serious infections occur every year and as many as 380,000 people die from infections every year, according to the CDC.

Common infections and bacteria found in LTCFs, include:

• Carbapenem-resistant Enterobacteriaceae (CRE), e.g., Escherichia coli (E. coli). 
• Clostridioides difficile (C. diff)
• Methicillin-resistant Staphylococcus aureus (MRSA)
• Influenza
• Norovirus
• Catheter-associated urinary tract infection (CAUTI)
• Central line-associated bloodstream infection (CLABSI)
• Surgical site infection (SSI)
• Ventilator-associated pneumonia (VAP).

Each of these may be fatal. They are particularly deadly among individuals who are elderly and/or otherwise ill and infirm.

Can Nursing Homes Be Held Liable For Injury or Death From Infection?

Nursing homes have a legal duty to ensure the safety of residents under their care. This includes an obligation to ensure that sanitation protocols exist and are followed to guard against the development and spread of infections. When a nursing home neglects its obligations for residents’ health and safety and someone is injured or become seriously ill because of that neglect, the nursing home may be held liable through a lawsuit.

If a nursing home resident has contracted an infection due to neglect by the nursing home staff and dies or is significantly injured, the family of the patient may seek compensation for medical and/or funeral and burial expenses, their unnecessary pain and suffering, and other losses.

Our nursing home neglect lawyers at Joye Law Firm have the knowledge and experience to stand up for residents and the families of those who have been harmed by nursing home neglect. We can investigate the situation, review your loved one’s medical records and pursue a claim for compensation, if appropriate.

Contact Our SC Nursing Home Abuse and Neglect Attorneys

If a family member of yours has contracted a healthcare-associated infection as a result of negligent care by a nursing home or similar long-term care facility in South Carolina, Joye Law Firm is ready to help. You or your loved one may be entitled to seek money to assist with proper medical care, for pain and suffering and for other losses.

Call Joye Law. We have offices in Charleston, Myrtle Beach, Clinton and Columbia, SC. Our nursing home abuse and neglect attorneys handle cases anywhere in South Carolina. Phone 888-918-4959 or fill out our contact form for a free and confidential discussion of your legal options and how we can help you.

The post How The Elderly At Nursing Homes Are Exposed To Deadly Fungus and Other Fatal Infections appeared first on Joye Law Firm.

from Joye Law Firm https://www.joyelawfirm.com/2019/09/nursing-homes-are-spreading-a-deadly-fungus-and-other-fatal-infections/
via https://www.joyelawfirm.com

Most Dangerous Highways in Charleston

If you’ve ever been in a car accident, you know that accident situations can develop out of nowhere. But certain highways are clearly more dangerous because of the design or volume of traffic or a combination of factors. You are more likely to be in a car accident in Charleston if you’re on a dangerous highway.

A handful of recent surveys of car accidents have spotlighted dangerous highways in Charleston and throughout South Carolina.

S.C.’s Main Coastal Highway is Most Dangerous

A recently released survey from the personal security issues website A Secure Life names the Most Dangerous Highways in Each State for summer driving, based on an analysis of traffic fatality reports from the National Highway Traffic Safety Administration covering the years 2015 to 2017. The researchers focused on data for the May-September period of each year.

“Summer driving has its own risks,” the survey report says. “With teen drivers out for summer break, families on long road trips, and fun outings like barbecues and beach trips, roads can be hectic and packed.”

Given that, it’s not a great surprise that the survey named U.S. 17, the Coastal Highway, the most dangerous in South Carolina for summer driving. Running south to north, U.S. 17 enters South Carolina from Georgia at the Savannah River and serves Hardeeville, Charleston, Georgetown and Myrtle Beach before entering North Carolina.

There were 82 fatalities on U.S. 17 in the period studied, but the survey does not pinpoint where they occurred.

The same survey says the state’s next most dangerous highways for summertime car accidents are Interstate 26 with 52 fatalities and S.C. 9 with 45 fatalities.

I-26 runs east-west from Charleston through Columbia and to near Landrum in Spartanburg County.

S.C. 9 begins in North Myrtle Beach and runs east-west parallel the S.C./N.C. border to Lancaster, then through Spartanburg and on to the North Carolina border in the Upstate.

6 Major S.C. Highways Among Nation’s Most Dangerous

South Carolina’s Coastal Highway, U.S. 17, and the state’s main east-west interstate, I-26, are not the only ones to make a list of the nation’s most dangerous highways based on NHTSA data.

Teletrac, a company that sells GPS fleet-tracking software, looked at 35,092 traffic fatalities in the United States in 2015 to determine the 25 most deadly highways in the United States based on fatalities per mile.

Interstate 26 is No. 12 on the list of deadly highways. Keep in mind that the survey covers the whole stretch from Kingsport, Tennessee, to Charleston, South Carolina.

U.S. 17, which stretches from Winchester, Virginia, to Punta Gorda, Florida, ranked No. 20. According to the survey, Myrtle Beach is the deadliest city on this highway.

Others on the list are:

• Interstate 95, which is No. 5 and runs through Florence and Walterboro in South Carolina.
• Interstate 20 at No. 14, which passes through Columbia and Florence, S.C.
• Interstate 85 at No. 15, which runs from Petersburg, Virginia, to Montgomery, Alabama, and enters South Carolina south of Charlotte, N.C. before crossing the Upstate through Spartanburg and Greenville.
• S. 1 at No. 24, which runs from Fort Kent, Maine, to Key West, Florida, and goes through Camden, Columbia and Aiken, S.C.

Fatalities were caused by crashes in moving traffic, overturned vehicles, pedestrians being hit and hitting trees.

South Carolina No. 2 Overall for Dangerous Highways

In a compilation of the most dangerous states to drive in the United States, 24/7 Wall St. calculated the number of motor vehicle fatalities per 100,000 residents in 2018, based on National Safety Council accident statistics and U.S. Census population estimates.

In a March 2019 report, 24/7 Wall St. said South Carolina ranked second among States With the Most Dangerous Roads.

The difference in the likelihood of dying from a car crash depends on a variety of conditions, including seat belt use, speed limits, drunk driving rates, and weather, 24/7 Wall St. said. The types of roads in the state also make a significant difference in whether a crash is an inconvenience or a life-threatening incident.

The survey’s statistical profile of South Carolina highway driving includes:

• Motor vehicle fatalities per 100,000 residents: 20.34
• 2018 motor vehicle fatalities: 1,034 (10th most)
• Fatalities not wearing seat belts: 50.0% (17th highest)
• Fatal crashes on rural roads: 60.0% (23rd highest).

Mississippi was No. 1 (worst) with 21.20 motor vehicle fatalities per 100,000 residents, and Alabama was No. 3, with 19.39 motor vehicle fatalities per 100,000 residents.

In April, 24/7 Wall St. cited Florence, S.C., for the state’s entry in Worst Cities to Drive in Every State. For this study, 24/7 Wall St. created an index composed of several driving-related measures, including average commute time, gas prices and accident rates, to capture various metropolitan areas’ safety, convenience and cost of driving.

In Florence, the survey found 22.8 traffic fatalities per 100,000 people, which compares to the state’s rate of 19.7.

In Florence, the survey cited:

• Average commute time: 23.1 minutes (state average: 24.6 minutes)
• Commuters driving to work: 92.1% (state: 91.3%)
• 2017 car thefts per 100,000 people: 275.5.

The truth is a serious accident can happen anywhere. People are seriously injured and killed in preventable accidents in South Carolina all too often, unfortunately.

3 Tips for Highway Safety

At A Secure Life, the source of the first survey we’ve looked at here, they suggest a few tips for keeping yourself safe when driving during the summer (or any time). They are:

Take your car for a safety check before a trip. The NHTSA maintenance checklist includes:

• Tires
• Lights
• Cooling system
• Fluid levels
• Belts
• Hoses
• Wiper blades
• Air conditioning
• Floor mats.

Plan your route. There are several commercially available mapping and traffic apps, but A Secure Life recommends the Federal Highway Administration’s National Traffic and Road Closure Information for traffic stats and closed road alerts nationwide.

Share your travel plans with a friend or family member who is staying home and schedule periodic check-ins with them, especially if you’re traveling alone.

Avoid driving on risky days or at risky times. This means avoiding holiday travel as well as driving in morning or evening rush hours and after midnight, when you are more likely to be sleepy and become a traffic hazard yourself.

The attorneys at Joye Law Firm represent people in South Carolina who are injured in accidents or lose loved ones due to others’ carelessness or disregard for safety. Take advantage of a free consultation to learn about your legal options. We will be honest with you about whether we believe you have a valid injury claim. If we believe we can help, we will offer to handle your car accident case on a contingency fee basis. The attorneys at Joye Law Firm do not charge a legal fee unless we are successful in recovering money for you. Get in touch today.

The post Most Dangerous Highways in Charleston appeared first on Joye Law Firm.

from Joye Law Firm https://www.joyelawfirm.com/2019/09/most-dangerous-highways-in-charleston/
via https://www.joyelawfirm.com

SC Rejects Expansion of Workers’ Comp Benefits for First Responders

South Carolina’s legislature has rejected a bill that would ensure the availability of workers’ compensation payments for mental health care sought by emergency responders suffering from PTSD.

The bill, known as S-429, has been introduced repeatedly since 2015, to no avail. This year, despite bipartisan support, the S.C. Senate shot down the bill, according to ABC News 4 in Charleston.

South Carolina Sen. Marlon Kimpson told the TV station that the opposition is largely being driven by insurance companies that don’t want to cover the officers.

Michael Ackerman, a former Charleston County Sheriff’s deputy who was shot in the line of duty in 2014 and lost his partner in the same shootout, has been working to get the bill enacted.

“Senate Bill S-429 basically changes a couple of words in the state workers’ compensation law so that all first responders would be able to qualify for workers’ compensation benefits, if they are diagnosed as having PTSD by a licensed medical professional and the PTSD was related to any incident on the job,” Ackerman told PoliceOne.com in 2016.

PTSD and Workers’ Compensation Benefits for Medical Expenses

Post-traumatic stress disorder (PTSD) is a mental health condition caused by experiencing or witnessing a terrifying event, according to the Mayo Clinic. People with PTSD may suffer from overwhelming anxiety, flashbacks, nightmares and uncontrollable thoughts about the event. If PTSD lingers without effective treatment, the inability to escape the anxiety and fear can lead to depression and self-harm. PTSD is a condition associated with combat veterans, but it also affects people in other dangerous jobs.

A recent study found that PTSD and depression rates among firefighters and police officers are nearly five times higher than in the civilian population. Even when suicide doesn’t result, untreated mental illness can lead to poor physical health and impaired decision-making.

Under South Carolina workers’ compensation, a worker who has suffered job-related injuries is supposed to be able to obtain payments to cover all medical expenses and provide long-term benefits for a permanent disability, as well as a portion of lost earnings.

Ackerman found out through experience that South Carolina workers’ comp does not cover PTSD counseling.

“Besides the physical injuries, I have been dealing with some very severe emotional injuries,” he said. “In October 2014, I was in a very dark place mentally and emotionally. It was at that point that I realized I need specialized help. I needed to see someone who understood the nature of law enforcement, and what we go through every day. So, I began looking and asking around, and notified my workers’ comp case manager I needed to see someone. I found a doctor who specializes in first responder trauma and made an appointment.

“A few days after my first appointment, I was notified by my case manager that the appointment would not be covered.”

Ackerman told PoliceOne that, with the assistance of a workers’ compensation lawyer, he was able to obtain payment for his mental health treatment because he also had a physical injury.

“However, if you develop PTSD because of an on-the-job incident and were not physically injured, workers’ comp will NOT cover you for the PTSD,” he said.

We’ll Fight for Full Workers’ Compensation Benefits

South Carolina’s current workers’ compensation law says that for stress, mental injuries and mental illness suffered due to job conditions “unaccompanied by physical injury” to warrant medical benefits, the conditions that caused the injury must be shown to have been “extraordinary and unusual in comparison to the normal conditions of the particular employment.”

The Senate bill Ackerman and others have supported would eliminate the requirement that emergency responders establish that “extraordinary and unusual” conditions occurred for PTSD to be covered as a compensable workers’ compensation injury for emergency responders.

Even the language requiring “extraordinary and unusual” circumstances remaining in the law should not preclude injured workers from obtaining workers’ comp assistance for treatment of PTSD. In most occupations, a traumatic event that caused work-related PTSD would be unusual. It might be something like an explosion on a job site or witnessing a co-worker’s gruesome injury from becoming caught in machinery.

And in many police, sheriff’s and fire departments, particularly those serving rural areas of South Carolina, a traumatic experience that caused PTSD symptoms might be extraordinary and unusual, as well. For example, a Washington Post database of police shootings shows 12 shootings across South Carolina in 2018.

To obtain benefits, the injured worker must obtain a medical diagnosis of post-traumatic stress disorder. While some may dismiss mental illnesses, including claims of PTSD symptoms, we know this attitude is wrong. At Joye Law Firm, we want you to understand that our workers’ compensation attorneys are on your side and want to help you obtain all the medical care you need after a work-related accident.

We would want to review incident reports over a period of time to establish the incident that precipitated PTSD and compare it to other service calls. We believe it is very likely that a single incident would stand out.

The bottom line is that, despite failure to adopt the bill to make PTSD-related workers’ comp for first responders easier to obtain, first responders who suffer from work-related PTSD may in certain situations qualify for benefits.

A workers’ compensation lawyer from Joye Law Firm can review the details of your injury and discuss the benefits that you may be eligible to seek. We can help you fight for benefits based on a PTSD diagnosis. We can help you file an initial workers’ comp claim or appeal the denial of an existing claim.

You don’t have to go it alone. Joye Law Firm has fought for injured people in South Carolina since 1968. We support our first responders. Call Joye Law Firm now or fill out our online contact form for a free consultation.

The post SC Rejects Expansion of Workers’ Comp Benefits for First Responders appeared first on Joye Law Firm.

from Joye Law Firm https://www.joyelawfirm.com/2019/08/sc-rejects-expansion-of-workers-comp-benefits-for-first-responders/
via https://www.joyelawfirm.com