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July 2008 Newsletter

July 2008 Newsletter



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Published by Gary E. Rosenberg
FREE Information! Guardianship, Auto Accidents (failure to maintain lane & head-on collision), What is a Trial Lawyer?, Auto Accidents (parking brakes), Jury Duty & Telephone Fraud, Recalled Product Roundup, Ultrasound Drug Caution (echocardiography), Teen Drivers, The "Litigation Crisis" Myth, Premises Liability (parking lots), Gary Says (Trial by Ordeal).
FREE Information! Guardianship, Auto Accidents (failure to maintain lane & head-on collision), What is a Trial Lawyer?, Auto Accidents (parking brakes), Jury Duty & Telephone Fraud, Recalled Product Roundup, Ultrasound Drug Caution (echocardiography), Teen Drivers, The "Litigation Crisis" Myth, Premises Liability (parking lots), Gary Says (Trial by Ordeal).

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Categories:Types, Research, Law
Published by: Gary E. Rosenberg on May 24, 2008
Copyright:Attribution Non-commercial


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When parents or elderly relatives can nolonger manage their health, finances, or othermatters, courts often appoint guardians to help.Guardians assume legal responsibility for wards,who may have suffered strokes, brain injuries,disabilities, or circumstances related to aging.Guardians’duties may include making living arrangements,purchasing clothing, managing finances, overseeing medical care andtreatment, preparing wills, making funeral arrangements, and others.Judges usually order guardians to perform specific duties since eachcase is unique. Guardians sometimes need a judge’s approval beforealtering their wards’continuing health care, safety, welfare, or well-being. Courts often require guardians to submit annual reports toupdate judges on wards’situations.Since states define incapacity differently, guardians should consultan attorney to understand unique rules regulating guardianship instates where loved ones reside. An attorney can also help a familydiscuss and make sensitive and difficult guardianship decisions.
Drivers and passengers may suffer auto-accident injurieswhen other vehicles fail to stay on their side of the road.What causes these “failure to maintain lane” accidents?Rainy, snowy, or icy weather is one reason. Faultybrakes, nonfunctioning windshield wipers, and bald tires areamong other reasons. Even roadway design or maintenancemay create conditions that cause drivers to lose control of their vehicles.Negligent drivers cause many accidents due toinattention, roadside distractions, or fatigue. Additionalreasons are driving too fast for conditions, driving tooaggressively, or driving while impaired.
 JULY 2008
Failure to maintain lane
 A head-on collision 
Adriver suffered multiple hipand leg fractures, nerve injuries of the back, and severe pain when acourier delivery truck crossed thecenter line and crashed head-oninto his pickup truck. This victim’smedical and rehabilitation expensestotaled more than $2 million. Hesued the delivery driver and hisemployer for negligence and failureto maintain lane. The parties settledfor an undisclosed amount.
Guardians assume legal responsibility for wards, who may have suffered strokes, brain injuries, disabilities,or circumstances related to aging.
Brought to you by the
Law Offices ofGary E. Rosenberg, P.C.
, H
, S
109-05 72nd RoadForest Hills, NY 11375
26 Court Street, Suite 404Brooklyn, NY 11242
e-mail:staff@garyrosenberg-law.com Web sites: www.InjuryAtty.net  www.RealEstateAtty.net 
Too hurt to travel? We’ll come to your home or hospital.
Free consultation
No recovery, no fee.(Client remains responsible for expenses.)
Hablamos Español 
Infant/Child Lead Poisoning Birth InjuriesDefective Building Security Litigation & AppealsMedical Malpractice Car AccidentsSerious & Catastrophic Personal Injury Products Liability Law Professional Malpractice Law Real Estate Law Real Estate ClosingsWork-Related Accidents
The Federal Bureauof Investigation (FBI)has warned the publicagainst an ongoing scam involving jury duty.Unscrupulous individuals identifying themselves as courtemployees have been phoning victims, telling them they havebeen selected for jury duty. Callers then ask for verification of social security numbers, credit-card numbers, and passwords.When those who are called hesitate, callers allegedly threaten withcivil fines, or worse.Members of our judicial system never phone and ask for compro-mising financial information that can be used to defraud consumers.Anyone who has been contacted or who gave out confidentialinformation should contact local law enforcement, the local FBIoffice, banks, credit-card issuers, and other financial services.Trial lawyers help obtain access to our civil justicesystem for the powerless in America—working families,individual workers, and consumers who often lack theresources to take their grievances to court.Trial lawyers play a valuable role in protecting therights of American families. They champion the causesof those who deserve redress for injury to their personor property; they promote the public good through theirefforts to secure safer products, a safe workplace, a cleanenvironment, and quality health care; they uphold the ruleof law and protect the rights of the accused; and theypreserve the constitutional right to trial by jury and seek  justice for all.
The kinds of cases that trial attorneys handle include:• Achild paralyzed  after being struck by a drunk driver.• Ayoung woman unable to have children because of a medical mistake.• Aperson denied a promotion because of racial discrimination.• An elderly man mis- treated in a nursing home.• Acommunity whosewater was made toxic by a local manufacturer.
Trial lawyer? 
 Auto accidents
Vehicle parking-brake systems usually work well. But like mostother automobile elements, design, manufacture, and poor mainte-nance can lead to malfunction. Driver, passenger, or pedestrianinjury or property damage may result.Here are some instances:
recalled more than 20,000 Tacoma trucks withineffective parking brakes.
2005—Owners of General Motors
cars, trucks, and SUVs filed anational class-action lawsuit after being charged to replace defectiveparking brakes.
2004—Hyundai MotorCo.
recalled minivans with defectiveparking-brake cables.
recalled vehicles with electronicsensors that locked parking brakes while cars were moving.If you or someone you know has sustained a personal injury orproperty damage from a parking-brake incident, consider obtaininglegal counsel.
Trust but verify 
Although parents dotheir best to see that familyteenage drivers are well-trained, teens remain ahigh-risk category.Why? Newly licensed teendrivers are still in the process of learning good driving skills.Teens often underestimate hazards and take risks. Further, young drivers may bedistracted by friends in the vehicle or by talking or messaging on cell phoneswhile driving.According to the Centers for Disease Control, for each mile they drive, teenagedrivers aged 16 to 19 are four times more likely than older drivers to have an autoaccident.The Food and Drug Administration(FDA) has warned physicians that twodrugs used in cardiac ultrasound diagnosismay cause cardiopulmonary complicationsand death.Definity
and Optison
, called contrastagents, use minute gas-filled bubbles tobring cardiac ultrasound images intosharper focus during echocardiography.Should preliminary cardiac testing beinconclusive, physicians may inject thesedrugs during testing procedures to obtainbetter cardiac images for diagnosis of cardiac malfunctions and defects.The FDA, which received reports of serious cardiopulmonary reactions anddeaths following injections of these med-ical products, has asked the manufacturersto update the drugs’labels to warn doctorsabout using the drugs on patients withspecific cardiac conditions, and to carefullymonitor patients for half an hour afteradministering the drug.
©Bristol-Myers Squibb ©General Electric
Here are some recently recalled products you may have in your homeor at work:
Connecticut Electric & Switch Mfg. Co.
has recalled 64,000 counterfeit“Square D” Circuit Breakers, which may fail to operate properly and burnconsumers.
Target Stores
has asked buyers to return 40,000 Home Patio Sets. Weakenedfront-end arm rests can collapse and injure users.
Bumbo International,
a South African firm, has recalled 1 million “BabySitter” Seats. If placed on elevated surfaces, the seats may allow children to archtheir backs, flip out of the seat, fall to the floor, and suffer serious head injuries.
Alltrade Tools, LLC,
wants 800,000 battery chargers supplied with certainKawasaki Power Tool Kits returned. If used with incompatible chargers, batterypacks can overheat, melt, or explode, bruising, lacerating, or burning users.
Dunkin’Donuts, LLC,
has recalled 1 million free-giveaway Pink andOrange Glow Sticks. Caps and lanyards can detach and choke or strangle youngchildren.
Huffy Corp.
has voluntarily called back 22,000 2007 Huffy “Howler”and “Highland” bicycles, whose pedal cranks can unexpectedly detach andharm riders.
Recalled product roundup 
Parents can take a number of steps tosafeguard teen drivers:
Let them know you can always pick them upanywhere, anytime, day or night.
Set rules for nighttime or weekend driving.
Have parties at your home to keep teens off roads during high-accident times.
Make teens promise to always wear seat belts.
Restrict passengers to one or two other teens.
Make teens promise not to use a cell phonewhile driving.
Drive with teens to monitor their drivinghabits.
Serve as a good driving role model.
Have teens pay for their driver’sinsurance.
Keep any vehicle teens drivewell-maintained.
Protect your young drivers 
Ultrasound drug

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