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Author Archives: Adam Peck

 About Adam Peck

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.
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Concussion Can Lead to Traumatic Brain Injury

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concussion can lead to brain injuryConcussion can lead to a traumatic brain injury. A blow to the head may cause a severe concussion.  Recovering from the brain injury related to a concussion could take took more than a year and sometimes longer.

The occipital nerves begin in the spine in the upper neck and run through muscles in the back of the head and into the scalp.  This was causing the headaches related to the concussion and Traumatic brain injury (TBI).

The Doctor  performed decompression surgery, shaving a tiny section of the muscle around the nerve to help free it. said this type of surgery has been used successfully in whiplash cases, but is not common practice with concussion.

Headaches are common following a concussion, but they are usually blamed on the brain injury itself.  Doctors in this area believe the blow that causes the concussion can also leave some patients with severe neck strain, almost like a whiplash injury.

The Centers for Disease Control estimates that more than 170,000 children and teens end up in the emergency room every year with traumatic brain injuries, including concussions, caused by sports or a recreation activity.  Those numbers have jumped 60 percent over the last decade.

Children are more likely to get concussions from a blow to the head than adults, and take longer to heal, according to the CDC.

Truck Accidents Injure 158,000 People a Year

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truck accidents injure 158,000 people a yearTruck accidents injure 158,000 people a year and are the cause of serious and catastrophic personal injury.

Here are some statics about Truck Injuries:

  • Nearly 7200 people died in 2012 in accidents involving large trucks. Another 158,000 were injured.
  • Of the deaths, 85 % of them were not truck occupants.
  • Large trucks are nearly twice as likely to be involved in a fatal accident as passenger vehicles  2.4 compared with 1.5 accidents per 100 million miles traveled in 2006.
  • The higher fatal involvement rate is attributable to the size disparity between large trucks and passenger vehicles.
  • The National Highway Transportation Safety Administration (NHTSA) estimates that up to 40% of accidents involving large trucks may be the result of driver fatigue
  • Research by The Insurance Institute for Highway Safety has found that truck drivers behind the wheel for more than 8 hours have a twofold increase in accident risk. In an Institute survey taken in 2005, one-in-five truckers (21%) reported falling asleep at the wheel at least once during the previous month.
  • Federal officials have uncovered commercial truck licensing fraud in 24 states, and have on-going investigations in 13 states. They say thousands of unskilled, untrained drivers may be on the nation’s highways.
  • Transportation experts estimate up to 30% of all commercial trucks on the highways exceed allowable weight limits. The DOT reports about 15% of fatal truck accidents involve overweight carriers.

90 Million Dollar Nursing Home Verdict

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three nursing homes charged for wrongful deaths90 Million Dollar Nursing Home Verdict, New Trial Denied: A West Virginia Judge has denied a new trial in a nursing home abuse lawsuit against Heartland of Charleston that resulted in a jury verdict of more than $90 million.

The Judge wrote that the award in this case was not unconstitutional or excessive and was done so to “accomplish punishment and deterrence.”

“This verdict sends a clear ‘deterrence’ message to a multimillion dollar nursing home corporation that its misconduct will not be tolerated in West Virginia,” the Circuit Court Garnes Order on Jury Award of Punitive Damages document states.

The lawsuit was filed May 27, 2010, against Manor Care Inc.; HCR Manor Care Services Inc.; Health Care and Retirement Corporation of America LLC; Heartland Employment Services LLC; John Does 1 through 10; and Unidentified Entities 1 through 10 (as to Heartland of Charleston) after Dorothy Douglas suffered dehydration, irreversible change in mental status and acute renal failure during her stay at Heartland of Charleston.

Tom Douglas claimed Dorothy Douglas, his mother, was only a resident of Heartland of Charleston for three weeks, from Sept. 4, 2009, until Sept. 23, 2009. She died shortly after she was transferred from Heartland of Charleston to a Huntington facility on Oct. 11, 2009.

The Judge entered the judgment order that reduced a $5 million portion of the award by $405,385 because the portion was subject to the state’s half-million dollar cap on damages in medical malpractice cases.

In August 2011, the jury found Heartland of Charleston had failed to feed and care for Dorothy Douglas, who died of dehydration complications after she left the nursing home.

The jury stated 80 percent of Heartland of Charleston’s fault was ordinary negligence and the other 20 percent was medical negligence. The jury awarded Dorothy Douglas’ family $11.5 million in compensatory damages and $80 million in punitive damages. The trial began July 26, 2011.

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