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Two daughters of a veteran who resided at the Northeast Louisiana War Veterans Home have sued the state’s Department of Veterans Affairs and the administrator of the home after their father died as a result of wandering out from the home into freezing temperatures, according to the Monroe Newsstar.

The lawsuit alleges that staff failed to notice their 83-year-old father, Ernest Emmitt Moody, leaving the home in his wheelchair early in the morning on January 4. Although cameras recorded Moody leaving the home around 3:45 a.m. through a rear exit, the daughters claim in the lawsuit that the V.A. Home told them there were no cameras. The assistant administrator at the facility, Tommy Shoemaker, has stated that the staff did not begin searching the building until about 4:30 a.m. After failing to locate Moody, the staff called Shoemaker, who came to the home to search the grounds and the pecan orchard.

The Newsstar reports that

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According to Louisiana state courts, jailers may be liable for negligence if an intoxicated prisoner is injured while in custody. In fact, these courts have repeatedly cited the principle that the police owe a higher degree of care to an intoxicated person than to an unimpaired person.

In the 1980 case of Burns v. Town of Leesville, the Third Circuit rejected Billy Burns’ claim that the Leesville City Jail, as well as several other parties, were negligent in placing him in the top bunk of a prison bed after arresting him for disturbing the peace by being drunk. During the course of his time locked up, Burns rolled or fell off the top bunk and struck his back on a metal railing before landing on the floor of his cell. According to Burns and other prisoners, he called out for medical assistance several times but his jailers ignored his requests. Burns was released from jail the next morning. After his release, he sought medical treatment and was hospitalized for several days due to a contusion and abrasion of his back with an acute lumbar sprain.

The Court of Appeals, stating that voluntary intoxication does not absolve a person of his own negligent acts, found that Burns was responsible for his own injuries which were due to his attempt to get down from the top bunk in an unsafe manner. Because of this, the court of appeals found for the jailers.

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Ouachita Parish deputies arrested Brandon Martin, of West Monroe, for driving while intoxicated, “DWI,” on Sunday, February 21. While this incident might seem relatively commonplace, a few aspects of Martin’s arrest make it noteworthy. According to a report by the staff at The News Star:

“When [the deputies] found [Martin], they said he was lying in the rear of the vehicle on top of musical equipment. Two people in the front seat said Martin had been driving.

Deputies said Martin declined a field sobriety test, but submitted to a chemical test that showed his blood alcohol content at .184. A blood alcohol level of .08 is considered intoxicated in Louisiana. The arrest report showed Martin was charged with DWI in 2005, 2007 and 2009.” (emphasis added)

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With municipal governments around the nation facing massive budget shortfalls, many have already taken unprecedented steps in cutting traditional services. In Tracy, California, residents now must pay $300 phone charge for any 911 call they make or pay a $48 dollar yearly fee for the “unlimited” 911 plan. The change has drawn the ire not only of local citizens, but people across the country, perhaps fearful of what their own local governments may do to cut costs.

On the surface, residents of St. Tammany parish who rely on a dependable 911 system, may not see things quite as badly. According to a recent Times-Picayune article by Jeff Adelson, the local government recently spent $85,000 for installation of a 911 photo system designed to aid first responders arriving at the scene of an emergency. If national trends are any indication, however, local city and county governments throughout Louisiana will eventually face difficult decisions when trying to decide which services to improve and which services to scale back.

While not explicitly contributing to budget shortfalls, a recent delay in services helped cause one Covington homeowner untold frustration and possible property damage after the leftover problems from broken sewer elements went unattended for nearly six months. As Benjamin Alexandar-Blotch reports in his article from March 5 of this year:

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28 year old Arlandus Albertlee Green, Jr. of Minden has been arrested and charged with running down two people with his car.

Green, also known as Lance, has been accused of aggravated battery and aggravated assault. As reported in the Bossier Press Tribune and Minden Press Herald’s nwlanews.com,

Minden Police Chief T.C. Bloxom said on February 7, Green and Lamario Elkins began arguing on Sheppard Street. During the argument, Green pulled a Jimenez 9 mm and pointed it at Elkins.

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In October 2009, as Congress was caught up in the health care reform debate that is still raging on Capitol Hill, Merlyna Adams of LaPlace took a trip to Washington, D.C. to show legislators that she is not frivolous. Worried about proposals to limit patients rights in health care, Merlyna met with several other families at Washington to ensure that their stories were told. As reported by Public Citizen on their website,

Meryna met with members of Congress to express the difficulties she has encountered due to medical malpractice in the treatment of a kidney stone she had in 2007. Negligent treatment resulted in heart, renal, and pulmonary complications for Meryna as well as amputation of both her hands and legs below her knee. She shared with Congress how everyday activities are difficult, especially in her employment as a school principal.  Kidney stone treatment is not supposed to end in an intensive care unit with more removed then a kidney stone.

Stories like Merlyna’s show how devastating medical malpractice can be. Surviving medical malpractice is usually just the beginning, often due  to victims having to care for injuries that may be with them for the rest of their lives.  And many victims don’t make it. According to the Institute of Medicine, almost one hundred thousand Americans die each year from injuries that could have been prevented. In considering healthcare reform proposals, Members of Congress should focus on patient safety and reject legislation that takes the teeth out of recovery for medical malpractice.

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Asbestos. Mesothelioma. Two terms commonly thrown around in the media, on the news, and even on the internet. But what exactly do they mean, how much of a threat are they to your health, and what can you do about it?

Asbestos are naturally occurring minerals that when inhaled can be very dangerous. These miniscule minerals, commonly referred to as fibers, build up scar-like tissue in the lungs and impede them from healthy functioning. Common sources of asbestos include disturbed or damaged insulation, dry wall, cement, roof shingles, and even floor tiles. Anyone who has come into contact with they materials in their lives may be at risk of coming into contact with asbestos.

Mesothelioma on the other hand is a form of cancer that affects the lining of the body’s internal organs. This lining is referred to as mesothelium. Symptoms of mesothelioma include chest pains, shortness of breath, wheezing, and fatigue. Cancer.gov reports that although mesothelioma is rare, rates have been on the rise over the past few decades.

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As reported in the Ruston Daily Leader, a tragic three car accident killed 19 year old Francisco Javier Hernandez of Dubach last October. According to State Police records, Hernandez was driving a 2004 Mustang on La.33, lost control of his car, and crossed the center line into the path of a tractor-trailer. The two then collided head on. The driver of the tractor-trailer, 47 year old Joseph Battaglia of Shreveport, escaped the cab of his truck just before it burst into flames. Battaglia was taken to North Central Louisiana Medical Center with minor injuries

A third driver, 24 year old Haley Snipe of Ruston was behind Hernandez at the time of the crash but was able to drive off the road and into a telephone box. Snipe walked away without injuries. Although impairment is not suspected to be a factor in the accident, routine toxicology tests are pending.

In Louisiana, the party at fault for an automobile accident, and their insurance company, is responsible for the damages of the accident and innocent parties should not suffer any financial loss. Louisiana is a direct action state which means that insurance companies can be named directly in the lawsuit. This can sometimes benefit victims because judges and juries may be more apt to award damages when they know they will be paid by an insurance company rather than an individual.

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Timothy J. Rogers filed a lawsuit in Jefferson County Texas District Court against Marquette Transportation Co. Gulf-Inland, which is part of Marquette Transportation Company and based in Harahan.

The suit was filed on February 19th and regards injuries Rogers sustained on January 3rd while working aboard the Mary Kay. Rogers did not specify in the court documents how he was injured but states that the injuries were to his back and body. Smith blames the injuries on negligence and unseaworthiness and claims that due to his injuries he has incurred medical costs, pain and suffering, mental anguish, physical impairment and disfigurement, and lost earnings.

Under the Jones Act, (46 U.S.C. § 30104) injured seaman or their survivors may obtain damages from their employers if their employers, shipowners, captains, or fellow crew members, are deemed to have been negligent or if vessels they are working on are not seaworthy. The rights afforded by the Jones Act go beyond those provided by common international maritime law because they allow injured parties to bring claims in state or federal court and entitle them to a jury trial.

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In navigating the complex waters of lawsuits, personal injury cases will often require the use of experts to make it through the waves of unclear facts. An expert is oftentimes a professional (although this is not a requirement) in a given field that can help lend credibility to a plaintiff’s (or defendant’s) theory in the eyes of a judge or jury. Experts do this by persuasively demonstrating knowledge of the facts and legal issues at hand that support a judgment in favor of one side or the other.

In Bozarth v. State of Louisiana LSU Medical Center, the plaintiff’s case hinged partially on whether the trial judge correctly admitted the testimony of the defendant’s expert, Dr. Mary Eschete. Bozarth was originally a medical malpractice case in which the plaintiffs sued Louisiana State University Regional Medical Center for

fail[ing] to properly diagnose and treat Mr. Bozarth and for negligently proscribing medications and discharging Mr. Bozarth under the circumstances.

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