North Carolina Injury Attorney Blog

A pharmaceutical company, New England Compounding Center of Massachusetts, has sold and delivered a tainted batch of steriod injections to doctors' offices across the US. The injections are tained with a deadly strain of meningitis. The tainted injections have been blamed for at least 14 deaths thus far.

To date, almost 14,000 people have been given the bad medicine. Most of the people who have received the injections were given the medicine as a form of pain treatment for chronic back problems.

A Minnesota woman filed the first lawsuit last week in a federal court. She told the media that said she has experienced a high fever and nausea after getting an injection, and that she is anxiously awaiting test results.

Continue reading "Chronic Pain Injections in NC Tainted with Deadly Meningitis " »

Friday evening, around 6:30pm, a car driven by Patricia Harvey, 48, struck a bicyclist from behind causing a tragic crash on Piney Mountain Drive off of Chungs Cove Road in east Asheville. Police have indicated that the cyclist, Tami Rene Leaven, 35, died at the scene from massive head injuries.

Police say that Leaven did not have any lights on her bike, although the law does not require a bicyclist to have a light on the rear of a bicycle - only a reflector that can be seen from 200 feet behind. Most bicycles are sold with a reflector that satisfies state law in this regard. Police have not said whether the bike ridden by Leaven had the required reflector. A police spokesperson said that the area where the collision happened on Piney Mountain Drive was a dark section of road and not well lit.

In North Carolina, the law requires motorists to see what can be seen and to keep a proper lookout. It is unclear at this time whether Leaven was visible to motorists approaching from behind or not. If the bicycle she was riding did not have the required reflector, then Harvey may not have seen her in time to avoid the collision. If the bike did have a reflector visible from the rear, then the question will be 'why did Harvey fail to see it?' These are questions the District Attorney's Office must grapple with, and the DA will have to decide whether the facts justify bringing criminal charges against Harvey.

Continue reading "Car Strikes And Kills Female Cyclist In Asheville" »

After traveling all over the world and serving his country in three wars, David Stroupe, 86 of Leicester, died Friday while still being treated for injuries he received after being struck by an Asheville Transit Authority bus. The bus collided with Stroupe in the Westgate parking lot outside of Earth Fare.

An eyewitness, Karess Walker, of Asheville told authorities that Stroupe "was just coming out of the corner and he just stopped in the middle of the road." From her view, Walker felt that Stroupe "must have assumed the bus was going to stop. But it kept on going, and I was like, 'Oh my gosh, please don't hit the man.' I thought he was going to stop right before it got to the man. But he just ran him right over."

Stroupe suffered a head injury and a foot injury in the incident. When the bus finally stopped, it landed on Stroupe's foot. EMS transported Stroupe to Memorial Mission for emergency treatment.

Continue reading "War Hero Dies After Being Hit By Asheville Bus " »

As parents and students begin preparing for the coming school year, the Consumer Product Safety Commission (CPSC) announced a voluntary recall for a single speed bicycle sold by Campus Cruisers LLC of Boulder, Colorado.

Although the bicycle is popular among high school and college students, the CPSC has received several reports of crashes caused by the bicycle's front fork cracking and breaking. This type of front fork failure is extremely dangerous because such a break generally causes the rider to go head first onto the ground or pavement. Serious head and neck injuries can result from this type of crash. The bicycle was sold to independent bicycle dealers in North Carolina and in other states from March 2010 through May 2010. The cost of the bicycle was approximately $450. The bicycle was manufactured by a company in China.

Continue reading "Defective Bicycle Sold In North Carolina Recalled By CPSC" »

Each year, more than 10 children, most under 5, are killed when a piece of heavy furniture tips over onto them. Several thousand more young children are seriously injured each year in the same way. Most of these injuries and deaths happen when a child climbs onto, runs into or pulls up onto a TV stand, bookcase, dresser or other unstable furniture. Sadly, most of these incidents are totally preventable.

For less than $10, parents can purchase an anchor system that secures the furniture to the floor or wall. This holiday season, if you have small children, take a few minutes and inspect all of the furniture in your house for being a tip-over hazard. If you identify a potential tip-over hazard, please take the time to correct it so that someone in your family doesn't become a statistic.

Continue reading "TVs & Furniture in Asheville Create Tip-Over Hazard for Children" »

The North Carolina Highway Patrol has found the Wake County school bus driver at fault for causing the collision that critically injured a Raleigh firefighter last Friday. The bus driver has been suspended with pay pending the outcome of the investigation.

A Highway Patrol spokesman said that the bus driver, 52 year old Sheila Wimbush Hall, crossed the center line and side-swiped an oncoming station wagon on Ligon Mill Road near the intersection of Louisburg Road. The bus brushed off of the station wagon and continued into the oncoming lane and struck a pickup truck driven by off-duty Raleigh fireman Harry "Flip" Kissinger. After the collision, the bus landed on top of the pickup truck, pinning the driver inside. The Highway Patrol says that charges are pending.

As I reported in a previous post, Kissinger suffered a serious head injury in the wreck. He is stil in the intensive care unit at Wake Medical Center. He has undergone several medical procedures related to his brain injury, and he is still not out of the woods. The waiting room at WakeMed is packed with Kissinger's fireman colleagues and family members.

Continue reading "Raleigh Bus Driver Causes Wreck with Firefighter - Was She Texting?" »

Early Friday morning, a Wake County school bus ran into and over a pick-up truck driven by a veteran Raleigh firefighter. Another vehicle was involved in the wreck, and all three drivers were injured. Thankfully, no children were injured. The collision happened in North Raleigh on Ligon Mill Road near the intersection of Louisburg Road. The damage to fireman Lt. Harry P. ("Flip") Kissinger IV's truck was so severe that bystanders were unable to get him out.

When the firefighter's colleagues arrived on the scene, they quickly used the jaws of life to pry off the driver's side door of the truck. EMS workers then began working on the critically injured fireman. About 45 minutes later, EMS workers got Kissinger onto a backboard and transported him to the trauma center at Wake Med. The City of Raleigh reported in a "press statement" that Kissinger had suffered a significant head injury in the crash.

The North Carolina State Highway Patrol came to the scene but have not yet released the results of their investigation. In serious injury cases, where it is difficult to determine exactly how and why a collision occured, we recommend hiring an expert accident reconstructionist. Such experts are engineers and scientists who have special education, training and experience in the reconstruction of accidents. They start with the end result (the crash) and work backwards to determine such things as point of impact, pre-crash speeds, line of sight, and other factors that are critical to determining why a crash occurs and who is at fault.

Continue reading "Raleigh Firefighter Critically Injured in Bus Crash" »

When a consumer purchases a bicycle, or any product for that matter, they have the right to expect that the product will be safe for its intended use. After all, a corporate retailer is never allowed to needlessly endanger its customer or the general public. But that is exactly what big box giant Target has been doing for years. There are an estimated 67 million bicycles being ridden in America, and more than 59% of those are ridden by children.

On April 15th, 2006, a North Carolina couple decided to purchase a bicycle for their 14 year old daughter. They researched the various types of bicycles available and selected, what was in their opinion, the best bike for their daughter. They purchased the bicycle at Target because Target offered free assembly, represented that the bike was ready to ride, and their price was cheaper than buying the bike at a local bicycle specialty store.

Two weeks later, after the bicycle had been ridden just a few times by the daughter, the mother hopped on the bike to ride 3 blocks down the street to a neighbor's house. As she pedalled along, she shifted the bike's gears and suddenly the handle-bar violently jerked to the right, throwing her into the street on her head. The investigation found that the cause of the bicycle wreck was that the gear shift cable was incorrectly routed around the water bottle cage.

The brain injury was devastating. Severe amnesia, over a week in the intensive care unit, and months of brain injury rehabilitation therapy. The medical bills were enormous. She was unable to return to her profession as an auditor, and the extent of her injury left her with severe cognitive and emotional impairments. There are more than 150,000 non-fatal brain injuries from bicycle accidents each year in the US.

Continue reading "Asheville - Target Fails to Inspect Bicycle - Brain Injury" »