August « 2011 « McDivitt Law Firm

Archive for August, 2011

Aug

FDA Recalls Neck Massager Following Doctor’s Death

August 31, 2011

The Food And Drug Administration (FDA) has issued a recall for a neck massager after it was found to responsible for the strangulation death of a Florida doctor last year and was associated with several other choking cases.

According to Colorado’s 9 News, the 37-year-old doctor was home alone on Christmas Eve of last year, when she lay down for a quick massage from the piece of machinery. A necklace she was wearing became caught in the moving parts of King International’s ShoulderFlex Massager. It quickly tightened around her neck; causing her to choke, go unconscious, and stop breathing within minutes.

The FDA reported another case where a users hair got caught in the same moving parts.

The agency stated that the dangerous device, which is no longer available for purchase, should be dismantled into separate pieces and thrown away, so it cannot be picked up and used.

The company sold nearly 12,000 of the units since 2003. The late doctor’s husband has filed suit against the device’s maker for the wrongful death of his wife.

If you have lost a loved one due to the malfunction of a product, get in touch with the Colorado Wrongful Death Attorneys with the McDivitt Law Firm. Their experience and understanding of your situation may be just what you need to get through the difficult times you are facing and hold those responsible accountable. They can be reached by filling out a free online consultation form.

Aug

Off-Duty Officer Killed In Summit County Motorcycle Crash

August 29, 2011

An off-duty officer was killed Sunday afternoon after crashing his motorcycle on a remote road in Summit County, Colorado. According to 9 News, the man was a veteran officer with the Dillon Police Department.

Colorado State Patrol says the officer was riding his motorcycle north along Heeney Road in Summit County when he suddenly lost control of the bike when the road switched from pavement to gravel and caused the brakes to lock up. The driver was thrown from the motorcycle and it landed on top of him. The Summit County Coroner’s Office stated the officer died of trauma to the head and chest. Colorado State Patrol said the off-duty officer was not wearing a helmet at the time of the crash.

Colorado is one of the few states in the country in which lenient helmet laws still exist for motorcycle riders. Colorado law only requires riders 17 years of age or younger to wear a helmet while on a motorbike, yet studies show it is the best way to protect yourself from injury if in a motorcycle accident. The National Highway Traffic and Safety Administration found that in 2003, 640 motorcyclists would have survived fatal crashes had they been wearing helmets.

The Colorado Motorcycle Accident Attorneys with the McDivitt Law Firm encourage all motorcycle riders to wear their helmets when out on the road. It is a decision they truly believe may save your life. Attorney, David McDivitt, discussed the danger motorcyclists face on the road today in a recent interview.

Aug

Two Injured In Colorado Springs Crash

August 26, 2011

A car accident early this morning ended with two men in the hospital and traffic coming to a standstill throughout the area. KKTV reported the crash occurred on the northeast side of Colorado Springs, Colorado, at the intersection of Old Ranch Road and North Powers Boulevard.

A Springs Fire Department spokesperson said the accident occurred after a vehicle struck a light pole, trapping the men inside the vehicle and knocking out traffic signals on several area roads. Firefighters freed the men from the wreckage within minutes, but it took several hours for traffic to return to normal. The power company had to come to the crash scene in order to restore the traffic lights, in the meantime, police controlled traffic throughout the area, rerouting faculty and students from Pine Creek High School to an entrance on the backside of the grounds.

The two men involved in the crash were airlifted to Memorial Hospital with critical injuries; however, authorities do not believe the drivers injuries to be life threatening. Investigators believe speed and alcohol played a part in the crash.

Drunk drivers are responsible for killing or injuring hundreds of thousands of individuals each and every year. If you have been injured in an accident that involved a drunk driver, contact the Colorado Auto Accident Attorneys with the McDivitt Law Firm. Our team of lawyers can be reached by filling out a free online consultation form to discuss the details of your case.

Aug

Insurer And Hospitals Partner To Reduce Hospital Readmissions

August 24, 2011

An announcement was made today that United Health Care and the Colorado Hospital Association are partnering to spearhead a campaign aimed at reducing the number of hospital readmissions in the state. According to an interview conducted by Channel 9 News with Dr. Christopher Stanley, the Senior Medical Director for United Health Care’s Rocky Mountain region, the organization has given a $1.1 million grant to the Colorado Hospital Association in order to fund the initiative.

A study conducted by the Annals of Internal Medicine recently found that 20 percent of patients leaving the hospital would be readmitted within 30 days due to complications. Sixteen area hospitals will participate in the campaign over the next two years, focusing on giving patients a better transition back to home life.

The two most common reasons found for readmission were patients not fully understanding the medications they were given before leaving and not going to follow-up visits. The initiative is aimed at helping doctors, patients, and hospital staff have a better understanding of the medication given and communicating that information better to patients, as well as improving the process for follow-up visits.

The Colorado Personal Injury Lawyers with the McDivitt Law Firm recommend that you always ask your doctor questions regarding a medication you are taking. Side effects, allergic reactions, intended effect, and potential drug interactions are important details you need to know. Contact McDivitt Law Firm’s team of attorneys to receive a free consultation of your case.

Aug

Motorcycle Accident Kills Wyoming Woman

August 22, 2011

A pleasure-cruise on a motorcycle through the Saturday morning sun turned deadly for a Wyoming couple over the weekend after losing control of the bike and crashing. According to The Coloradoan, the female driver of the motorcycle was killed and the passenger was severely injured.

The accident occurred along the southbound lanes of I-25 near Loveland, Colorado. The 43-year-old woman was driving a 2005 Harley-Davidson lost control just after 10:15 AM near the intersection of US 34, throwing her and her 45-year-old passenger from the bike. The driver was pronounced dead at the scene, while the passenger was taken to the Medical Center of the Rockies to be treated for his injuries.

According to the Insurance Institute for Highway Safety (IIHS), only motorcycle riders 17-years-old or younger are required to wear DOT-approved helmets, and there is no law in place requiring cyclist to wear helmets. These laws remain in place despite findings showing the safety benefits of wearing helmets. The National Highway Traffic and Safety Administration (NHTSA) estimated helmets saved 1829 lives in 2008 and an additional 822 could have been saved had they worn a helmet. Statistics also show that two-thirds of all motorcycle accidents are caused by other vehicles violating the motorcycles right of way.

The Colorado Motorcycle Accident Attorneys with the McDivitt Law Firm would encourage motorcycle riders to always wear a helmet, even though it may not be required. It could be a decision that saves your life.

Aug

Colorado Springs Car Accident Kills One Person

August 19, 2011

A fatal accident occurred in Colorado Springs, Colorado, Wednesday afternoon after a woman attempting to make a U-turn in her car was side-swiped by another vehicle. The Gazette reported the accident occurred on Circle Drive, just north of Constitution Avenue.

A Colorado Springs Police Department spokesperson stated the accident occurred as the woman, who was driving a silver Honda Civic, was driving north along circle drive in the right hand lane. For an unknown reason, the woman cut the wheel and attempted to make a U-turn in the middle of the road. Unfortunately, as she was turning, a blue Jeep Cherokee that was heading north on Circle Drive as well smashed into the driver’s side of the Civic. The Honda began to spin and eventually stopped near the curb. The driver of the Cherokee was pulled from the wreckage and transported to a nearby local hospital to be treated for minor injuries. The driver of the Honda was declared dead at the crash scene.

Circle Drive, between Constitution Avenue and Maizeland Road, was closed for several hours while authorities began their investigation into the cause of the crash.

The Colorado Car Accident Lawyers with the McDivitt Law Firm may be able to help you if you have been injured in a car accident that was caused by another driver’s negligence. A team of experienced lawyers is on hand 24 hours a day to discuss the details of your case.

Aug

Nursing Home Fined for Violations That Caused Injury and Death

August 16, 2011

An investigation into the treatment of patients at a Commerce City, Colorado, nursing home has resulted in more than $100,000 in fines and a call for a change in management at the facility by the state health department. ABC News 7 reported on several tips regarding mistreatment, injuries, and even deaths at the Woodridge Park Nursing and Rehabilitation Center.

Over the past year, a CALL7 Investigator uncovered repeated violations of health and safety code. One woman died two weeks after management at the facility said she ran into a wall. The family was told by a doctor that the woman’s injuries were inconsistent with running into a wall and were more likely injuries from a beating. The state health department later cited Woodridge Park for the incident.

Another 89-year-old female patient died from brain injuries she suffered from a fall at the facility. Again, the health department cited the facility for causing harm to a patient.

Nancy McDonald, Division Director for Health Facilities, gave the Center’s owners, Pinnacle Health Services, an ultimatum to change management or close the facility. Since then, Pinnacle has hired Pinon Management to oversee daily functions at the facility.

The nursing home has until September 23^rd to come into full compliance with state code; until then, they face fines of up to $1,000 a day.

The Colorado Personal Injury Lawyers with the McDivitt Law Firm may be able to help you if you or a loved one were injured under a doctor’s care. Contact them to discuss your case.

Aug

Officer Involved in Intoxicated Speeding Scandal Retires

August 15, 2011

Sometimes those we entrust to protect us are those putting us in dangers way. News Channel 9 followed up on their previous story of two Aurora Police Officers arrested earlier this month on numerous charges after being caught in a marked squad car under the influence, by saying one of the officers has retired from the department.

The incident occurred August 10^th, when the pair was pulled over by Goshen County Sheriff’s Deputies in Wyoming on their way to a funeral for a fallen comrade. Deputies found the 31-year veteran behind the wheel to exhibit signs of being under the influence, and determined that to be the case after a failed field sobriety test. Upon taking a blood alcohol breath test, the driver was found to be just under the legal limit. The pair was arrested for speeding, careless driving, and littering.

Police Chief Daniel Oates backed the decision by saying, “I thank (him) for his decision… His apology will mean a great deal to his colleagues in the Department and will help put this unfortunate event behind us.” The other officer involved remains on restrictive duty pending the outcome of a full internal investigation into the incident. The retirement means the officer will still receive full benefits.

The Colorado Auto Accident Attorneys with the McDivitt Law Firm may be able to help you if you have been injured in a car accident with a drunken driver that was no fault of your own. Contact them immediately to discuss your case.

Aug

Man Released from Jail for Hit-And-Run Before Victim Recovers

August 12, 2011

Sometimes the punishment just doesn’t fit the crime. That was the case in a Channel 9 News report concerning a Thornton, Colorado man who was the victim of a hit-and-run accident last October. The twist for the man and his family is seeing the driver who hit him released from jail before he, the victim, can fully recover.

A car hit the 26-year-old victim and a friend as they walked near Coors Field last fall. Witnesses stated that the man was thrown into the air before landing headfirst on the pavement.

After numerous surgeries and 100 days in hospitals and rehabilitation facilities, it was a slap in the face to the man and his family when they found out the driver had been freed from jail Thursday, after only serving 3 months of his sentence and earning early release with good behavior. Meanwhile, the victim is trying to learn to read and write again, after having already overcome the challenge of relearning how to walk and talk.

“I think he should still be in jail for what he did to me and Heather,” is all the victim could say. Prosecutors said they believed, under the terms of the plea agreement, that the driver would have to serve his entire sentence.

The Colorado Auto Accident Attorneys at the McDivitt Law Firm have handled numerous cases for victims of hit-and-run accidents with great success and may be able to help you get compensation for medical bills, rehabilitation, and lost wages if you were the victim of a careless driver. Contact them for a free consultation on your case.

Aug

New Report Shows August is Deadliest Month to Drive

August 10, 2011

The National Highway Traffic and Safety Administration (NHTSA) reports that August is the deadliest month on American roadways, for the 15th year running. According to an MSN report, the number of fatalities in August dropped by 400 from 2008 to 2009, but the numbers were still higher than any other month during that time frame.

The agency’s report found that for every 100 million miles traveled, the fatality rate in August was 1.09%, closely followed by September, with a fatality rate of 1.08%. March was the safest month of the year, with a fatality rate of .94%.

Saturday afternoons and evenings were found to be the deadliest times to be on the road, with an average of 123 deaths per day. On the contrary, Tuesday is the safest day to be on the road, with an average of only 69 deaths per day.

Age can also factor into your safety on the road, according to the Insurance Institute for Highway Safety. They found that drivers from 20- to 34-years-old are at the most risk behind the wheel, followed by 35- to 49-year-olds. The youngest drivers, between the ages of 16 and 19, were fairly safe, and only accounted for 9% of fatalities.

The Colorado Auto Accident Attorneys with McDivitt Law Firm encourage drivers to heed the warnings offered by these numbers and follow two simple steps to keep all drivers on the roadway safer: buckle your safety belt and watch your speed.

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