kirkbernard.org - Kirk Bernard

Wrong Way Drive Killed in Accident

May 1st, 2012

Kirk

A 22 year-old woman from Woodinville, died Wednesday morning, when her sedan headed in the wrong way on State Route 520 and crashed into a semi-truck. The Washington State Patrol reported, that the woman died when she drove her 2000 Mitsubishi Galant eastbound in the westbound lanes of the freeway.

According to Washington State Patrol investigators, the woman hit the barrier on the westbound 520 and came to a stop near the 92nd Avenue Northeast exit, without her lights on in the left and middle lanes. She was then rear-ended by a Cedar Grove composting truck and was spun 180 degrees. When the car came to a stop, she drove away eastbound in the westbound lanes without her lights on, until she hit the semi-truck head-on near the 108th Avenue Northeast exit.

This accident is still under investigation.

As a Tacoma car accident attorney, I caution drivers to always drive carefully and not to rush when behind the wheel.

April 30th, 2012

Kirk

According to recent news reports, the vehicle manufacturer known as Tiffin has decided to recall all units of the Phaeton and Sephyr recreational vehicle models. All model years 2011, 2012 and 2013 are listed under this recall. According to the firm, these faulty units are equipped with a Cummins ISB, ISC, or ISX diesel engine.

According to the information revealed in an official statement found at the National Highway Traffic Safety Administration’s website, the recall was due to the possibility these particular vehicles could pose a fire hazard to motorists.

It has been observed that, because hot exhaust gases could vent while the inlet or outlet sections of the vehicle are disconnected, the recalled vehicles could pose a fire risk.

As an Olympia personal injury lawyer I understand that the manufacturer is in the process of identifying and notifying owners of all recalled vehicles as soon as possible. I urge you as a motorist to also check your vehicles for the recalled models immediately.

Whenever you or a dear friend is injured in an accident that was certainly caused by a defective and recalled vehicle, you may wish to contact an injury attorney near you who will be capable of evaluating your case for free. Don’t delay.

October 5th, 2010

Kirk

The recent recall of the ASR Hip Replacement System, a metal-on-metal prosthetic hip joint manufactured by DePuy Orthopaedics, Inc., (the orthopedic branch of Johnson & Johnson), has the potential to affect more than 93,000 people around the world.

Counting the sheer number of people with the system and the major cost of revision surgery the ASR system could find their way on to the “top ten” list of product recalls. Here is an extensive list of the top 10 significant product recalls:

Infantino Baby Slings
On March 24, 2010 more than one million Infantino SlingRider and Wendy Bellissimo baby slings were recalled. They exposed a suffocation risk to babies aged four months and younger and about 14 deaths have been associated with the products.

Toyota Defective Gas Pedals.
In January 2010, Toyota recalled 4.1 million vehicles in the United States and Europe after a faulty gas pedal caused instances of unexpected and uncontrollable acceleration. This recall was just one in a long list of recalls for Toyota in the past 18 months.

Simplicity Drop-Side Cribs
More than 400,000 cribs were recalled in July 2009 after an 8-month-old Houston child tragically suffocated between the crib and the mattress. To top it off this was the company’s third recall for issues with these cribs. Since 2007 more than 2 million potentially lethal cribs were sold by this company.

Melamine Baby Food Contamination (China)
In 2008 more than 700 tons of baby formula (you read that right) was recalled in China when melamine was found in the products. This was after a March 2007 pet food recall involving 60 million melamine-contaminated cans, which caused the death of 14 pets in the US.

The Ford Pinto
More than 1.5 million of the infamous Ford Pintos were recalled in 1978 because of the retro-fit the fuel-tank assembly. The company found out the tank could explode when punctured in a crash. Ford allowed the car to go to market, calculating it was cheaper to simply settle any lawsuits. They were wrong.

Bridgestone / Firestone tires
In 2000 about some 6.5 million tires were taken off the market after an unheard of 175 deaths and 700 injuries. The tread on the tires peeled off, resulting in blow-outs, and roll-overs in certain car and SUV models.

2008 Bad Beef
In February 2008, the Department of Agriculture issued the largest meat recall in history. Over 143 million pounds, 37 million pounds of which had already gone into the National School Lunch Program, were recalled. Due to the improper butchering of “downer” cattle, those too sick or weak to walk to slaughter, caused the meat to spoil.

Contaminated Peanut Butter
A salmonella outbreak in 2008 caused an investigation of Peanut Corp. of America. The company, which went out of business shortly after the recall, was found to be using production facilities infested with mold, rodents, and roaches. Yum!

Poisoned Tylenol
In 1982, after the death of seven people in Chicago, hundreds of thousands of bottles of Extra-Strength Tylenol was removed from store shelves. The cases were never solved, but resulted in the mandated use of tamper-proof seals and caps.

Vioxx
In September 2004, Merck recalled the arthritis drug Vioxx when it was discovered to elevate the risk of heart attacks and stroke. More than 27,000 product liability lawsuits were brought against the company resulting in settlements of more than 4.85 billion dollars in all.

So far 1 in 8 patients with the ASR system installed need major revision surgery. The normal life of a hip replacement system can be as long as 25 years but the ASR system is failing at the average of 5 years. If you or a loved one is effected by the hip replacement recall please contact a hip recall lawyer right away.

-Kirk Bernard

October 1st, 2010

Kirk

With recent hip replacement recall news it’s important to know about the downfalls of having hip replacement surgery done. The removal of a person’s “bad” hip and replacing it with an artificial joint is a major surgery involving general anesthetic and the production of an incision 8 to 10 inches in length. As you may know, any operation that requires the patient to be completely sedated carries some health risk.

There are a few complications that can arise from anesthesia as many people are intolerant of it, which can result in experiencing difficulty waking after the operation, post surgical confusion, and nausea. In a normal situation these symptoms wear off when the drug is completely out of the patient’s system, but even that may require several hours. If the patient becomes agitated during this period, the new hip can easily be damaged.

Here is a list of the six most common (potential) complications that can occur from a hip replacement procedure:

1) The formation of blood clots can occur as a post-surgical issue since the individual’s mobility will be very limited. Luckily after three or four days, the patient can move more and the danger will subside.

2) Respiratory issues can sometimes happen during surgery. One big issue that creates long setbacks is when pieces of fat from the bone marrow get into the bloodstream. The fat will move to the lungs where they cause serious breathing problems. If this happens physical therapy cannot begin on schedule and the course of the overall recovery can be compromised.

3) With any major surgery involving large incisions, infection and massive bleeding can occur. Many of these surgical infections can be the result of the hospital environment itself.

4) A very common after effect to hip replacement surgery is numbness due to nerve damage. This will often go away but sometimes can become more serious depending how a person’s body reacts to the surgery.

5) The implant itself can cause other bones involved in the procedure break or splinter. This can be very serious if the bone where the implant is to be attached becomes compromised.

6) Post-surgical dislocation can also occur as a consequence of improper aftercare or in an overly strenuous fall. The recent hip replacement recall was due to the actual ASR system failing.

When the implant fails one of the most serious outcomes is the system itself can generate metal debris that then enters the bloodstream. This can cause a host of potential complications including the danger of cardiac arrest. To resolve an implant’s failure, a second surgery, or “revision” will be needed. This is a huge issue because the second surgery has all of the dangers attached to the first operation. To top it off revision surgeries require much greater technical skill in part of the surgeons to achieve a functioning joint. The procedure also takes longer to perform and the patient will face a much longer recovery period. And, not to mention the cost of all this…. It’s important that if you are suffering from a defective implant to call a Hip Recall Lawyer right away.

September 21st, 2010

Kirk

As a Seattle personal injury lawyer I was surprised to come across the findings of some new studies that suggest that adult drivers are just as bad as teenagers when it comes to distracted driving. I would have thought that teenagers would have had much worse habits behind the wheel since their lives are so connected to their cell phones. Plus, the maturity of teenagers is less than that of an adult. But as it turns out, maybe adults are just as likely to make the poor decision to drive distracted.

Princeton Survey Research International performed a study last summer which was compared to the results of a Pew Research Center’s Internet and American Life Project study. The group conducted a phone survey of 2,252 adults, 1,917 of which owned cell phones. The previous study was a phone survey conducted with 800 teenage drivers. They found that out of all drivers, 27 percent of adult drivers have sent or read text messages while they were behind the wheel. These statistics were comparable with that of teenage drivers.

However, 75% of those adult drivers that own cell phones admit to talking on their phones while driving, compared to 52% of teenage drivers with cell phones. About half of the people in both age group claim they’ve been a passenger in a car driven by someone who was text messaging and about 40% of those people reported seeing dangerous driving behavior at that time.

The NHTSA has speculated that distracted driving is to blame for about 6,000 car accident fatalities and 450,000 injuries each year, according to this article. But that is only the circumstances in which distraction was obviously to blame. I’m sure that the numbers of actual accidents are much, much higher. Some speculate that up to a third of all car accidents are caused by distracted driving.
-Kirk Bernard

September 10th, 2010

Kirk

I’ve been a car accident lawyer in Seattle for almost 30 years and I’ve helped numerous people deal with their insurance companies when it comes time to settle. Here are some tips about how to choose the auto insurance that’s right for you.

Price Comparisons

To get the best price on auto insurance the first thing you should do is compare prices. Use the internet and type “buy auto insurance” to compare offers from several different companies. The cost of a 6 month insurance policy varies across companies.

Save Money by Raising Your Deductable

The price you pay for your insurance policy can be reduced up to 30% by raising your deductible. Many drivers save big when raising their deductible from $500 to $1000.

Pay Term for the Insurance Policy Up Front

Insurance companies often give discounts for paying the 6 month or 12 month term of the insurance policy up front. By paying in a lump sum, a considerable amount of money can be saved.

Keep Your Information up to Date

Inform your insurance company every time there is a change in your life. Tell your insurance company if you have gotten married, moved to a new home, recently had children, or have gone 3 years without an accident or traffic violation.

Adjust Your Policy to Your Car Value

As your car gets older and depreciates in value you might want to consider dropping your “full coverage”. As a rule of thumb, many car owner choose to downgrade to “liability coverage” when the yearly insurance coverage costs more than 10% of the car’s value.

Negotiate for a Better Deal

Try to negotiate a better deal with the car insurance salesmen. Often times they will be open to will be open to reducing your costs or putting you into a cheaper pay plan in order to close the sale. Also ask for promotion discounts that may apply. Discounts are given if you’re a good student or buy other types of insurance policies from the company.

As a Seattle personal injury lawyer I’ve helped a lot of people deal with their insurance companies to get fair and just compensation. Insurance companies will take advantage of people that don’t know how to ask the right questions, or what their rights are. It’s important to protect yourself because many times you will have months of rehab, lost wages, medical bills, etc.

- Kirk Bernard

September 10th, 2010

Kirk

In the case of serious, unforeseen, disasters it’s always a breath of fresh air to know that you’re home is going to be covered by your insurance company. But it’s a punch in the stomach to find out that they aren’t going to cover you because your policy wasn’t suited for that type of “disaster.”

So how do you plan ahead for everything that could happen without having to break the bank to pay your premium every month? Sometimes taking a step back and looking at the big picture is the best thing you can do.

First thing you need to realize is that insurance companies are not your friend. They are a business that’s whole purpose is making money. If they are paying out on policies they are not making money, they are loosing it. So they do everything they can to try and avoid paying out on claims.

Take a good look at your current policy and find out what pieces you need to keep and what pieces you can do without. Sometimes this is easier said than done. You don’t always know what’s going to happen. If you live on the California Coast line it would probably be a wise choice to get earth quake coverage. Definitely ask your adjuster what they feel is necessary.

However there are some incidents that you just can’t predict. Take the Gas pipeline Explosion in San Bruno that happened just a few days ago. No one in that neighborhood had any idea that was going to happen. It’s a terrible event and there are approximately 38 homes that were destroyed when that pipeline exploded.

Those families have to deal with loss of property, being displaced for prolonged periods of time, personal injury, wrongful deaths and many other factors that are going to change their lives forever. You just don’t see an accident like that happening ahead of time.

As a Seattle personal injury lawyer it is my sincere hope that the insurance companies and the gas company (PG&E) do the right thing. They need to make sure those people don’t have to go through the headache of trying to get their houses rebuilt, their belonging replaced, their injuries healed (medical bills covered), and of course any wrongful death coverage.

This is indeed a sad event and my heart goes out to the numerous families that are affected by this disaster. Now is the time for the insurance companies to stop acting like businesses and start acting like friends.

- Kirk Bernard

September 7th, 2010

Kirk

The State of California has very strict laws regarding lawsuits for defective medical devices. With a normal product, such as a child’s toy, the plantiff is only required to prove that the product is defectively designed, as outlined in the “strict liability” category for recovery.

However, medical device liability cases fall under much more stringent rules. In order to recover compensation for your injuries, you must prove that the defendant either failed to warn patients of the product’s dangers, that the product was negligently designed or that the defendant negligently failed to recall the product.

Thanks to an FDA clearance known as a 510(k) approval, when the DePuy ASR Hip Resurfacing systems were designed in 2004, the Johnson & Johnson subsidiary only had to prove that the product was substantially similar to other devices already on the market. Normally, most products have to go through rigorous clinical trials to prove that they are safe for consumers. Instead, DePuy was able to debut the ASR systems onto the market on the basis that they were similar to their Pinnacle device.

One critical difference however is that the Pinnacle utilized fasteners to secure the piece to the acetabular bone. In comparison, the ASR relies on new bone growth underneath the mechanism to help seed it. Many patients did not experience this bone growth and the ASR became loose, subsequently causing either bone fracture, infection, malalignment, dislocation or pain.

If you are the recipient of either the DePuy ASR XL Acetabular System or ASR Hip Resurfacing System, it’s important that you consult with a ASR Hip Replacement recall attorney before contacting DePuy or Johnson & Johnson so that you understand your legal rights…..

- Kirk Bernard

September 3rd, 2010

Kirk

The hip replacement recall of the DePuy ASR started back in March 2010. DePuy (a unit of Johnson & Johnson) sent letters out to doctors and hospitals to withdrawal their ASR system for their patients because of an earlier than expected failure rate. In recent news DePuy has sent out a second letter telling their customers of the ASR unit stating that the system has also demonstrated a higher than expected revision surgery rate than expected.

Hip Surgery in itself is a major deal and having something go wrong after the surgery is even worse for an individual. This is what makes the DePuy ASR hip replacement system recall such a big deal and has led to many ASR hip replacement lawsuit.

The DePuy ASR System is a large, metal-on-metal hip replacement system. There a few are a ways the device can malfunction. Its design defects are related to the materials the components are made of; cobalt chrome. The friction caused by the components rubbing together in normal use transfers directly to the acetabulum (hip socket). This friction will cause a large deal pain to the consumer. But, the complications do not stop there.

The implanting of the ASR system is difficult to align and has a very low tolerance for an incorrect implant. When this happens the surrounding bone cannot grow correctly into the system itself (as is necessary for proper use). The result is the components never permanently fix themselves with the consumers “hip”.

All these problems and potential problems have resulted in 1 out of 8 consumers with the system installed to through the pain and suffering of having a corrective surgery. Before the recall of March 2010, there were indications earlier that the ASR hip replacement system was leading to high incidence of patient complaints.

As a result people that have received an ASR hip implant and are experiencing problems can qualify for compensation for the physical damage, additional surgeries and pain and suffering the DePuy system has caused. A product liability attorney can now help victims. If you or anyone you know are one of these people suffering please contact a hip replacement attorney BEFORE you do anything else. You may call the Nagelberg Bernard Law Group for help as we have experience investigating and prosecuting claims against such companies as DePuy.

- Kirk Bernard

August 24th, 2010

Kirk

Wright County Egg and Hillendale Farms of Iowa not only share the same owner but also a dubious reputation for violating health, environmental, labor, and safety regulations. The two companies are responsible for the infamous egg recall taking place that has sickened thousands with food poisoning, creating a disaster for one of the nation’s staple agricultural industries.

The Associated Press reported that these companies have violation records dating back nearly 15 years. Former Labor Secretary Robert Reich said conditions were “as dangerous and oppressive as any sweatshop.” Citing electrical hazards, exposure to harmful bacteria and other unsanitary conditions.

The FDA is undertaking a rigorous investigation into the safety standards implemented by the egg farms. Many experts expect the companies to be found in blatant violation of food safety regulations. This will open up the floodgates for a slew of personal injury lawsuits to be filed against the companies for negligence and public endangerment.

As a personal injury lawyer I urge people to avoid foods containing egg products. If you or a loved one has fallen victim to food poisoning after eating tainted eggs, contact your local personal injury attorney to determine if you have a valid case.

Anyone with questions or health concerns should visit www.eggsafety.org or contact the Egg Safety Media Hotline at (404) 367-2761.

Wrong Way Drive Killed in Accident

Zephyr and Phaeton Recreational Vehicles Recalled Due to Fire Hazard

ASR Most Likely In the Top Ten US Product Recalls

Dangers of Hip Replacement and Hip Implant Failure

Adults More Likely to Drive Distracted Than Teens

Tips for Buying Auto Insurance From a Personal Injury Lawyer

Insurance Questions: Gas Pipeline Explosion in San Bruno

DePuy Recall Lawsuits: Do You Have A Case

DePuy Recall: Hip Replacement Facts You Need To Know

Iowa Egg Farms Checkered History Exposed by Egg Recall

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