Huntsville Personal Injury Lawyer - All Topics - Most Commented

Insurance Companies Pad Profits

Eric Artrip — Fri, 25 Jul 2008 15:41:22 GMT

A new study on the "Ten Worst" insurance companies confirms what we in the legal business have long known: Insurance companies put profits ahead of those that are injured and even above their own customers. As an attorney, I've seen firsthand how insurance companies conduct themselves in order to pad their profits.

Take, for instance, a woman I am representing. On the day she and her husband applied for life insurance, they bought a temporary policy that would cover them from "day one." However, when her husband died suddenly of a heart attack, the insurance company denied the claim and claimed the check for payment was never cashed.

When I showed them a copy of the canceled check, they changed the reason for the denial. Right now, we're on their fourth reason with no end in sight.

Too often, insurance companies and millionaire CEOs put profits ahead of the health and safety of the public and their customers. When they do, the only place to get justice or hold wrongdoers accountable is in our courts.

For this reason, it's not surprising that insurance companies have spent years and millions of dollars trying to convince Alabamians that the civil justice system is "broken." It's about time they are held accountable. The only thing "broken" are their promises.

Originally posted at InjuryBoard by Eric Artrip

Outrageous Spending in Alabama Judicial Races

Clay Martin — Fri, 30 May 2008 17:56:12 GMT

Partisan elections for Alabama’s highest courts are out of control. The money that has been spent over the past 15 years on Supreme Court races in Alabama is obscene and definitely calls into question whether Alabamians are electing “fair and impartial” justices to our highest court.

Alabama spends far more than any other state to elect candidates to our top court posts. Between 1993 and 2006, candidates for Alabama’s top state court posts spent more than $48 million. In 2006 alone, 15 candidates in Alabama spent more than $13 million. The next closest state during the same time period was Texas. In comparison, Texas which has almost 5 times the population and ranks 20 states ahead of Alabama in per capita income, spent $28 million ($20 million less than Alabama) on campaigns for its top judicial posts and in 2006 spent around $3 million. So, despite what they say, not everything is bigger in Texas.

Spending tremendous sums of money on partisan judicial campaigns erodes peoples’ faith in the independence of the Judicial Branch and can eventually threaten democracy, which is dependent upon independent courts. Alabama should scrap partisan judicial elections. State Circuit and District Court races should be non-partisan. For our Appellant Courts, Alabama should adopt a form of merit selection, where governors would chose from qualified candidates nominated by an independent, bi-partisan commission. Most states have dropped partisan judicial elections, and we should do so as well.

Originally posted at InjuryBoard by Clay Martin

Veggie Booty Snack Recalled

Jenny Albano — Fri, 29 Jun 2007 10:26:23 GMT

A popular snack food called Veggie Booty is being recalled due to concerns about a rare form of salmonella contamination. The FDA warned consumers not to eat the snack, manufactured by Robert's American Gourmet. All other Booty snacks, such as Pirate's Booty, Cocoa Booty, and Fruity Booty, are not included in the recall.

This warning is based on 52 illness reports in 17 different states, dating back to the beginning of May 2007. The majority of the illnesses occurred in children under 10 years old, most of which were toddlers. Four people were hospitalized due to the salmonella wandsworth infected snack food.

Robert's American Gourmet is cooperating entirely with the FDA and has stopped manufacturing and distributing of the product. The company is also recalling any potentially contaminated Veggie Booty. This product is sold in every state in the U.S., in Canada, and on the Internet.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

Nintendo Wii Assists United Cerebral Palsy Therapy Program

Tara Helms — Tue, 18 Aug 2009 18:57:09 GMT

Clay Martin and Tara Helms of Martin & Helms, P.C., a local personal injury law firm, presented a Nintendo Wii gaming system to United Cerebral Palsy of Huntsville & Tennessee Valley, Inc., (UCP) Aug. 17 in conjunction with the nationwide InjuryBoard Project Wii-hab.

UCP Family Services Supervisor Julie Carden accepted the donation of a Wii Fit, Wii Sports, Wii Play, and controllers on behalf of the organization. UCP therapists will use the new gaming equipment during physical and occupational therapies with clients of all ages and abilities.

“Our therapy center is excited to have a Wii system to use with our clients,” Carden explained. “It will be an interactive, fun way to incorporate skills, such as motor coordination, balance, and hand-eye coordination, into therapy sessions. We look forward to using it with clients of all ages.”

UCP is a 501(c)(3) non-profit organization operating two regional centers in Huntsville for individuals in the North Alabama area with cerebral palsy and those representing approximately 155 additional diagnoses, including stroke, traumatic brain injury, autism, Down syndrome, and sports-related injuries. UCP provides physical, occupational and speech therapies, as well as educational, technology and social services to more than 1,000 individuals with disabilities and their families annually in Madison, Marshall, Morgan, Limestone, and Jackson counties. Additionally, UCP’s childcare training, respite and technology services reach statewide.

“Being on the Board of UCP for the past several years, I have come to learn first hand that their physical and occupational therapy programs are top notch and provide life-changing treatment to the facility’s patients. So, when the folks at Injury Board suggested the Wii give-away program, I immediately knew that such a donation would be well received and put to great use by the therapists at UCP,” provided Clay Martin. “We, as a law firm, are very proud to be in a position to assist UCP.”

InjuryBoard is a growing community of personal injury law firms, attorneys, safety industry experts, and consumer advocates committed to making a difference by helping people avoid injury, and to helping those who are injured get the assistance they need to move on with their lives after an accident.

The InjuryBoard network of attorneys banded together this August for Project Wii-hab. The project encourages InjuryBoard members, like Martin & Helms, P.C., to donate Wii gaming systems to hospitals, rehabilitation centers and nursing homes in the communities they serve in an effort to encourage patients to rediscovery healthy living.

For more information on the Martin & Helms, P.C. donation to UCP, contact Clay Martin or Tara Helms at 539-1990 or martin@martinhelms.com; helms@martinhelms.com. For more information on this and all UCP programs and services, contact Julie Carden at 852-5600 or jcarden@ucphuntsville.org.

For more information on the nationwide InjuryBoard Project Wii-hab, contact

Wii Give-Away Project Coordinator James Cool at JCool@injuryboard.com or

(520) 909-8753.

Originally posted at InjuryBoard by Tara Helms

Don’t Give Your Car Keys to a Drunk or Careless Driver

Tara Helms — Thu, 09 Jul 2009 17:26:31 GMT

If you do, you could be subject to liability for compensatory and punitive damages if that driver causes a wreck which results in personal injuries. All of us have a legal duty to the public, not to provide a vehicle, or allow a person to drive a vehicle who is incompetent to do so. Incompetency can take many forms such as: inexperience, intoxication, or a bad driving record.

The elements of a cause of action for negligent and/or wanton entrustment of a vehicle are: (1) an entrustment; (2) to an incompetent; (3) with knowledge that he or she is incompetent; (4) proximate cause; and (5) damages.

The test in Alabama, is whether the entrustor of the motor vehicle knew, or from the circumstances could or should have known of the driver’s incompetence. This may be proven by showing specific acts of incompetency that the person giving the keys knew or should have known about. Examples include where the driver has had multiple driving offenses for speeding or DUI that the person entrusting the vehicle knew about, or should have known about. An obvious situation might involve two friends who are out drinking together, and that friend asks to borrow your car. If you know or have reason to know that this person is intoxicated, and you provide him or her the keys to your vehicle, you will likely be subject to liability if that person causes a wreck. Just because you do not personally get behind the wheel of the vehicle does not protect you from liability.

Originally posted at InjuryBoard by Tara Helms

Texting While Driving - Is a Federal Ban Necessary?

Margaret Embry — Thu, 18 Jun 2009 15:05:34 GMT

According to the Montgomery County News, a one car accident occured near Splendora, TX on June 7, leaving the driver critically injured and the passenger dead. The accident has been attributed to the fact that the driver was texting while driving. The passenger, who died several days after the accident,

told the trooper the last thing he recalled was looking up from texting, realizing the truck was about to go into a ditch and calling out to the driver, who he said was also texting.

The next thing he recalled, according to his statement, he was on the ground outside of the truck which was upside down with major damage and his friend critically injured and still inside.

This is an example of one of many accidents occuring because of texting while driving across the United States. Alabama, specifically, ranks the third highest in number of drivers who text while driving in the U.S. (thirty-four percent of drivers), according to a recent survey published by Vlingo Corp. The survey found the highest percentage of texting drivers in Tennessee with forty-two percent, with New Jersey coming in second with thirty-five percent. The lowest percentage was found in Arizona.

While the number of texting while driving related accidents are on the rise, should there be a federal ban on texting while driving? Thirteen states currently have laws against texting while driving and seventeen more states are considering such laws, but some believe that there should be a federal ban, according to an article on CBS News' website. One family whose daughter was killed last year are pushing for a federal ban on texting while driving. The young woman was not texting, but the driver of a tractor trailer a few cars behind her was, leading to her death and the death of another driver.

The largest number of people texting while driving are between 18 and 24. One out of two drivers in this age range text while driving. Some parents who have become worried about their children texting have installed cameras in the young adults' cars. This age group as well as other drivers have learned not to drink and drive because it's against the law so advocates of a federal ban on texting while driving are hoping it will have the same effect as drinking and driving and drivers will keep their eyes on the road and off of their cell phones.

Originally posted at InjuryBoard by Margaret Embry

Follow-Up to Hydroxycut Recall

Margaret Embry — Mon, 18 May 2009 09:41:44 GMT

As a follow-up to the May 1, 2009 Hydroxycut recall post, the FDA has released more information about the recall. As of May 7, 2009,

Iovate Health Sciences USA, Inc. of Blasdell, New York and Ontario, Canada announced today that it is adding Universal Product Codes (UPCs) with respect to the Hydroxycut-branded products sold in the United States and subject to the voluntary recall. These additions all involve additional packages and sizes of products previously referenced.

These additional UPC numbers being added to the May 1st list include:

631656800265 Hydroxycut Hardcore 8 fl. oz. Grape Explosion
631656800210 Hydroxycut Hardcore 8 fl. oz. Triple Wildberry
631656001501 Hydroxycut 280ct-3 Pak Kit *Discontinued*
631656001563 Hydroxycut 280ct-6 Pak Kit *Discontinued*
631656000658 Hydroxycut 100ct-6 month supply (7 bottles+ 4 free) Kit
631656600896 Hydroxycut 2x60ct Club Pack US Kit
631656000672 Hydroxycut 100ct-1 month supply (1 bottle+1 free) Kit *Discontinued*
631656874693 Hydroxycut 58 cap 12-pack Target US Kit *Discontinued*
631656000665 Hydroxycut 100ct-3 month supply (4 bottles+2 free) Kit *Discontinued*
631656002362 Hydroxycut Sachet Twin Pack US Kit
631656860498 Hydroxycut Instant Weight Loss Shot 12 x 2oz - Wild berry US Kit
631656660623 Hydroxycut Hardcore Shredded Stack Kit120ct
631656500585 Hydroxycut 60 Rapid Release Caplets

Iovate initiated this voluntary recall after the FDA reported that 23 consumers had experienced liver-related problems, which is different from Iovate's analysis.

Consumers with questions about the recall can visit www.hydroxycutinformation.com for more information. Consumers can also contact the company by calling 1-877-468-2835 Monday through Friday between 9 am and 5 pm Eastern Daylight Time.

Originally posted at InjuryBoard by Margaret Embry

The FDA Warns Consumers to Stop Using Hydroxycut Products

Tara Helms — Fri, 01 May 2009 13:21:14 GMT

The FDA is warning consumers to immediately stop using Hydroxycut products. Some Hydroxycut products are associated with a number of serious liver injuries. The manufacturer, Lovate Health Sciences Inc. of Oakville, Ontario has agreed to recall Hydroxycut from the market. Hydroxycut products are dietary supplements that are marketed for weight-loss, as fat burners, as energy-enhancers, as low carb diet aids, and for water loss under the Iovate and MuscleTech brand names.

The FDA has received numerous reports of serious health problems ranging from jaundice and elevated liver enzymes to liver damage requiring liver transplant. Other health problems reported include seizures; cardiovascular disorders; and rhabdomyolysis (a type of muscle damage that can lead to other serious health problems such as kidney failure). The FDA continues to investigate the potential relationship between Hydroxycut dietary supplements and liver injury or other potentially serious side effects.

The list of products being recalled by Lovate currently includes:

Hydroxycut Regular Rapid Release Caplets

Hydroxycut Caffeine-Free Rapid Release Caplets

Hydroxycut Hardcore Liquid Caplets

Hydroxycut Max Liquid Caplets

Hydroxycut Regular Drink Packets

Hydroxycut Caffeine-Free Drink Packets

Hydroxycut Hardcore Drink Packets (Ignition Stix)

Hydroxycut Max Drink Packets

Hydroxycut Liquid Shots

Hydroxycut Hardcore RTDs (Ready-to-Drink)

Hydroxycut Max Aqua Shed

Hydroxycut 24

Hydroxycut Carb Control

Hydroxycut Natural

Consumers who have any of the products involved in the recall are advised to stop using them and to return them to the place of purchase. Health care professionals and consumers are encouraged to report serious adverse events (side effects) or product quality problems with the use of these products to the FDA’s MedWatch Adverse Event Reporting program online, by regular mail, fax (800-FDA-0178) or phone (800-FDA-1088).

Originally posted at InjuryBoard by Tara Helms

Women for Justice: Community and Political Outreach

Tara Helms — Mon, 23 Feb 2009 19:00:47 GMT

Recently, the Women’s Caucus of ALAJ got together in support of its community outreach project, the Christian Women’s Job Corp (“CWJC”) of Alabama. The Alabama CWJC is a non-profit, faith-based agency where women in need are equipped for life and employment through job-readiness classes, computer classes, GED training, Bible study, and mentoring from other women.

At last month’s ALAJ Mid-Winter Conference, the Women’s Caucus held a fund-raiser and clothing drive for CWJC. I want to thank the women of ALAJ for taking time out of their busy schedules to bring donations of cash and clothing to the mid-winter seminar in support of this effort. The clothing drive was held to gather professional attire and accessories for CWJC participants. In addition, money was raised which provided seed money for Linda Henry, CWJC’s State Coordinator, to assist her in setting up two additional sites in Alabama. However, this fundraising effort was just the beginning and I call upon our membership to continue its support, through contributions of funds, as well as clothing, of this wonderful organization. It is this type of much-needed support that assists CWJC in its mission to help women in need break the cycle of poverty in their lives.

It is not too late to contribute to CWJC. To make a contribution, checks can be made payable to the Alabama Civil Justice Foundation (“ACJF”) with a notation that the funds are earmarked for CWJC. We still hope to raise an additional $2,500.00 towards our goal. If you have any questions, feel free to contact Nikki Taylor with ACJF at nikki@acjf.org.

For more information concerning CWJC, you can visit their website at www.alabamacwjc.com. The website will provide you with CWJC sites in your area, as well as a detailed “needs- lists” for this organization. Feel free to also contact me directly at helms@martinhelms.com, or by telephone at (256) 539-1990, if you are interested in volunteering in this wonderful organization.

Another important event organized by the Women’s Caucus of ALAJ is Lobby Days. The entire ALAJ organization works extremely hard to achieve its mission of making sure that there is a level playing field in our system of justice. On April 8 and 9, the Women’s Caucus will host its third annual Women for Justice Day in Montgomery. I urge you to participate in this process. As lawyers, our practices and our clients’ future are governed by the rule of law. This is your opportunity to have a positive voice at the State House to address legislative issues which directly affect your practice and your clients. It is a wonderful opportunity to meet with legislators and be a positive voice for ALAJ and the legal community as a whole. Our involvement has been welcomed by the legislators. I can assure you they truly appreciate the interest and involvement from concerned constituents.

I urge the readers to encourage others to join the Women’s Caucus of ALAJ. I also want to invite our membership to attend Women for Justice in April of this year. If you would like to attend, please contact Brenda, at Brenda@alabamajustice.org. I hope to see you in April.

Originally posted at InjuryBoard by Tara Helms

Tony Hawk Boy Pajamas Recalled

Chrissie Cole — Fri, 23 Jan 2009 10:05:00 GMT

Mad Dog Concepts, in conjunction with the U.S. Consumer Product Safety Commission (CPSC), announced a voluntary recall of 25,000 Tony Hawk Boy Pajama Sets because they fail to meet federal children’s sleepwear flammability standards which pose a risk of burn injury to children.

To date, the company has not received any reported cases of injury associated with the recall.

The recall includes the following skateboard-themed boy’s pajama sets:

Boards Estate, Item Number: TH005LSB

Heathen Skull, Item Number: TH006BSB

Backspray, Item Number: TH007GSB

Stix Jester, Item Number: TH008RSB

The agency advises consumers to immediately stop using the recalled pajamas and contact the company to receive a full refund.

Consumer Contact: For additional information, contact Mad Dog Concepts toll-free at (888) 623-3640 between 8:30 a.m. and 5 p.m. ET Monday through Friday.

Originally posted at InjuryBoard by Chrissie Cole