Jeep’s Hazardous Fuel Tank

Because of concerns raised over the less-than safe placement of the fuel tank in 1993-2004 Jeep Cherokees and 2002-2007 Jeep Libertys, The National Highway Traffic Safety Administration (NHTSA) began an investigation of their safety in 2010. The deaths of more than 75 people suggests the fuel tank was placed in the vehicle incorrectly.

As opposed to industry standards whereby gas tanks are placed in front of the rear axle to protect it in cases of rear-end accidents, Jeep chose to place the tanks for the Cherokee and Liberty models behind the rear axle, just under a foot from the bumper. This constitutes a risk of explosions in the event of an accident.

While NHTSA attempted to enforce a recall of almost 3 million Jeep vehicles, Chrysler contested the recall after purchasing Jeep in 2009. Once the U.S. Department of Transportation became involved, Chrysler voluntarily opted to recall 1.5 million Cherokee and Liberty vehicles and have a tow package installed in the rear of the vehicle to offer further protection for the gas tank.

Since this decision in 2013, however, only 3% of the vehicles have been equipped with a tow package and NHTSA has become frustrated with the time it took to recall the 1.5 million Chrysler vehicles. Many also question whether tow packages will provide vehicles with adequate protection for the gas tanks at all.

The victims of gas tank explosions all around the country have filed lawsuits accusing the manufacturer knew the risks involved with the tanks but failed to act.

Glenda Cochran Associates, Attorneys at Law can fight for your right to recover damages if you or a loved one suffered harm because of a gas tank explosion.

What constitutes a medical malpractice claim?

Medical malpractice is when a doctor or other healthcare professional such as a nurse or technician does or does not do something which causes an injury to you, the patient. The act or failure to act can constitute medical malpractice.

The mistake by medical personnel can take place at any time during your treatment; for instance, if your doctor makes a mistake in diagnosing your condition or you receive improper treatment or medication for your illness.

Of significant importance is what is termed the standard of care, which refers to the generally accepted means used by other healthcare professionals to treat patients in the same or similar circumstances. The standard of care can differ depending on the patient’s age, medical issues, and where they live.

A successful medical malpractice claim will prove your doctor failed to adhere to the accepted standard of care for your medical condition.

Your doctor making a mistake is still insufficient for a claim: you need to be able to prove that their mistake resulted directly in damage to you. Amputating the wrong limb, brain damage caused by an operation, or a medical conditions which was exacerbated by your treatment are classic cases of malpractice. Without harm done to you, there is no case.

Lastly, you will need to prove your injury is tied to the negligence exhibited by the healthcare professional, known as “causation.” This is often the most difficult part of a case to establish, and often involves the expert testimony of another medical professional to explain how the mistake caused your injury and/or how your doctor breached the standard of care.

Study Shows Hospital-Acquired Infections Are Preventable But Still on the Rise

A patient is admitted to the hospital, expecting treatment for one medical condition—and is then forced to extend their stay due to infection. The patient later realizes that the nurse in charge of his or her care did not follow proper sanitation procedures. This is a common story for patients who have suffered from a hospital-acquired infection.

Recent studies from prominent journals and media outlets have shown that hospital-acquired infections are on the rise, with millions of cases reported over the past few years. Hospital-acquired infections are not only harmful to patients but also costly—costing billions of dollars in treatment. Additionally, according to the Centers for Disease Control and Prevention (CDC), about one in every 20 patients who are admitted to hospitals for treatment will develop an infection.

WHY DO INFECTIONS OCCUR?

Hospital-acquired infections are one of the most avoidable. They occur when hospital staff improperly follow the procedures for sanitation, safety, and patient care. Luckily, in the vast majority of cases, most conditions are not life-threatening, but patients could be left with long-term, debilitating injuries.

These are some of the most common hospital-acquired infection cases:

  • Surgical infections
  • Respiratory infections
  • Urinary tract infections
  • Bloodstream infections

Bacterial infections are difficult to control because the strains evolve and continuously mutate; this makes them resistant to antibiotics. Medical devices are often put to blame for causing infection, as well. These include catheters, ventilators, and central lines. The second most common cause of infection stem from surgical procedures. Infections require swift treatment; if they go unnoticed or untreated, the condition could worsen and develop into sepsis.

Sepsis is not necessarily an infection, but the body’s reaction to fighting off the introduction of bacteria into the blood stream. They are most harmful to children, the elderly, and those who suffer from chronic diseases, such as HIV/AIDS or cancer.

I HAVE SUFFERED INFECTION. WHERE DO I BEGIN?

Our job as Birmingham medical malpractice lawyers is to fully represent victims of injury. We are well-versed in the laws concerning negligence, and we are especially recognized for our ability to handle complex litigation cases such as hospital-acquired infections. We are a highly respected and skilled legal team who has helped countless clients for over 25 years find favorable outcomes and financial recovery.

Let us be your voice and help you find justice. Call our injury firm today for schedule a no-risk, complimentary case consultation!

Workplace Third-Party Liability

If you have been injured on the job, you may be entitled to receive worker’s compensation from your employer and insurer to pay for your medical bills and lost wages. A workers’ compensation claim, however, will not allow you to sue your employer for negligence, regardless of how egregious their conduct.

A third-party claim arises when an employee is hurt by a defective product or someone other than the worker’s employer. This can include a customer, another company’s employee, or a member of the public. These third-party claims, however, must be preserved prior to a settlement of any worker’s compensation claims.

Those third-parties who can be held liable for a workplace injury can include:

  • Owners of businesses you visit as part of your job who fail to maintain their property
  • Manufacturers of workplace equipment, tools, or materials, whose products had a defect
  • Drivers who cause an accident which injure you while driving as part of your job

Most workers’ compensation payments are capped by law, so if you are severely injured you may be unable to recover all the compensation you need. Pursuing a third-party liability claim can provide a damages award that fully compensates you for your injuries.

While workers’ compensation can cover the costs of hospitalization and lost wages, it will not cover general damages like pain and suffering. An attorney can work to bring you the additional benefits of a third-party liability claim so you can get back on your financial feet after suffering a serious injury at work.

Glenda Cochran Associates, Attorneys at Law have been working on behalf of the injured for over 25 years and in that time, we have already been able to recover millions of dollars in damages on their behalf.

Aging Pipe Infrastructure A Ticking Time Bomb

Recent news coverage of natural gas pipe explosions underscore a serious threat to public safety – the need to replace aging, leaking gas pipes.

Starting in 1991, the federal Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued multiple advisories on this very issue following explosions in Philadelphia and Allentown, PA. In those explosions, cast iron pipes installed in 1942 and 1928 corroded, resulting in natural gas leaks. The bulletins issued by PHMSA noted the dangers associated with aging cast iron pipes and urged operators of gas pipelines to conduct comprehensive reviews of their pipeline infrastructure, and to accelerate pipeline repair and replacement of high-risk pipelines.

Despite the fact that these bulletins were provided to utilities companies as far back as 1991, a vast amount of aging cast iron pipelines remain in the ground. Recent explosions in Birmingham, AL and Cordova, AL demonstrate the ongoing danger associated with the continued use of cast iron pipelines.

Glenda Cochran Associates is representing one of the most severely injured victims in the Birmingham Gate City explosion. We have discovered this information in our research on behalf of our client, and hope to increase awareness of this hazard to prevent future catastrophic explosions.