BCCN partner Vanessa Cantley spoke with WHAS 11 in a segment to air tonight, voicing her support for her client Collin Craig. Craig’s decision to come forward and reveal alcohol and sexual abuse resulted in a comprehensive investigation of the Western Kentucky University swimming and diving program, and a decision to suspend the team for five years.

“It’s going to follow him wherever he goes now and for him to have recognized that was the potential outcome and to stand up anyway and say, ‘No, enough is enough here, this has got to stop,’ I don’t know that I would have had that courage at 19 years old and the fact that he does is amazing,” Cantley said in her interview.

Craig told police that junior members of the Swimming and Diving team, as well as new recruits, were forced to consume alcohol at dangerous rates, and that sexual assault was normalized. Coaches were aware of the behaviors and encouraged team members to keep the behaviors secret.

“The pervasive culture of misconduct in the swimming and diving program is intolerable. A five year suspension is both necessary and prudent,” WKU President Gary Ransdell said.

Ransdell and Athletic Director Todd Stewart announced to team members and coaching staff Tuesday morning that the university would suspend the program for five years and eliminate several of its coaching positions as of June 30.

A trial in South Georgia concerning the death of a four year old boy is renewing debate over Jeep safety. Remington Walden died in the backseat of his family’s 1999 Jeep Grand Cherokee when the car erupted in flames after being rear-ended at an intersection. The family’s lawyers allege that the carmaker has long been aware of the fatal defects that caused the child’s tragic and painful death, including the fuel tank placement just 11 inches from the rear bumper.

BCCN reported in October of 2009 that the Jeep Grand Cherokee fuel tank was 400% more likely to cause a fire and endanger or kill the vehicle’s occupants than other SUVs.  The Center for Auto Safety had at the time asked the National Highway Traffic Safety Administration to recall all such cars made between 1993-2004, asserting that data showed that these cars were 4 times more likely to result in a fatal fire during a crash than other sport utility vehicles. The government currently links at least 70 deaths to these vehicles’ defects.

Fiat Chrysler recalled more than 1.5 million vehicles, including all 2002-2007 Jeep Liberty models as well as the ones suggested years earlier by the Center, under government pressure in June 2013. The company continues to insist that the vehicles met safety requirements at the time they were built, and that they were not defective. Sergio Marchionne, Fiat Chrysler Automobiles CEO, stated in a deposition that the company believes that the cars are no more susceptible to fire than other SUVs.

BCCN is currently reviewing and accepting defective Jeep and SUV cases resulting in a fuel tank explosion on a nationwide basis.

Grandfather Charles Napier and his two 1 year old grandchildren were struck and killed when a car veered into them Sunday in Florence, KY. A third child and an aunt, Susan Elam, sustained injuries. The adults were pulling the children in wagons along Weaver Road when they were hit. The driver of the Chevy Malibu, Jessica Hood, 22, has not been arrested.

Since the crash, hundreds of residents have called for sidewalks along the road, which leads to the Empire business area and is known to be popular with pedestrians.  This stretch of road has had an unusually high number of crashes in recent years.

An investigation by the police is ongoing.  There is no indication as to what caused Ms. Hood to veer off the road.  The police confiscated her cell phone as a matter of routine in order to investigate whether she was driving distracted.

Although it appears that driver error is to blame here, a full and complete investigation is required to determine whether other potential causes, like mechanical failure and defective equipment or parts, played any role.  The survivors of this accident and the friends and family of those killed will want and deserve answers.

A 15 year old bicyclist was injured this past Sunday evening in New Hope, Kentucky when he was rear-ended by a car driven by 61 year old James Owens. Owens was driving west along New Hope Road and told officers that solar glare prevented him from seeing the teenager ahead of him until it was too late. The teenager was transported to Kosair Children’s Hospital by ambulance from the scene. There is no word yet on his condition.

Details are sparse right now and an investigation is ongoing.  Depending on how the investigation plays out, Mr. Owens could be legally responsible for the cyclist’s injuries.  A full and complete investigation is required in order to determine the cause.

Unfortunately, as the weather warms up and people begin to become more active outside, incidents like this occur.  Hopefully, the teenager makes a speedy and full recovery.

We use our blog as a forum to educate the public using real life events. However, we are very sensitive to the fact that these real life events have resulted in a tragedy that will inflict great pain and sorrow on those involved and those close to the victim(s). As such, we understand that they may not approve, and we will immediately remove a post if a victim or their loved ones makes that request.

BCCN attorneys Vanessa Cantley and Nathan Williams filed a nationwide class action suit in early February on behalf of consumers. The lawsuit targets General Nutrition Centers and Walmart for distributing “nutritional supplements” that were found to contain different ingredients than advertised, including, in some instances, none of the labeled ingredients. Cases against Target and Walgreens are also being reviewed for merit.

The New York State Attorney General’s office found, upon testing, that GNC brand St. John’s Wort contained no St. John’s Wort, but did contain garlic, rice, and remnants of a common houseplant. Similarly, the same brand’s Ginseng and Echinacea found no ginseng or echinacea in either.

Tests of Target’s Up & Up brand Gingko Biloba, St. John’s Wort and Valerian Root showed that none of the supplements contained the advertised main ingredient. Several other supplements were found to have inconsistencies, and to contain ingredients that were not listed, including rice and other vegetables.

Walmart’s Finest Nutrition brand tests showed no main ingredient listed in the following: Gingko Biloba, St. John’s Wort, Ginseng, Garlic, and Echinacea. All supplements were found to contain rice; several contained plant matter. Spring Valley brand supplements tests yielded the same results.

BCCN is currently reviewing and accepting cases against GNC, Target, Walmart and Walgreens on a nationwide basis.

Redspin, a leading IT-security assessor, released a report today putting the Anthem health care personal security breach in context. Daniel W. Berger said in a statement released with the report that the enormity of the hack means that “all breach statistics need to be reported as pre- or post- Anthem.” He went on to say that Anthem’s failure to protect their customers’ personal information has re-defined online security problems and that the costs of the breach could exceed one billion dollars.

Due to a data-sharing agreement between companies, the breach exposed not only Anthem’s millions of customers, but millions more customers on other plans. More than 80 million customers have had their personal information exposed.

The breach’s legal liabilities may extend to more than 50 health insurance companies nationwide. These health insurance companies can be held liable for the breach under state laws as well as under the federal Health Insurance Portability and Accountability Act.

Anthem is coming under fire for not encrypting its customers’ sensitive personal data, which may have made it a prime target for hackers who stand to make millions selling this personal information online.

More than 50 class action lawsuits related to the breach have been filed in less than a month.

Bahe, Cook, Cantley and Nefzger is currently reviewing and accepting cases from consumers that have been injured as a result of Anthem’s failure to protect its customers’ personal information.  We are accepting cases on a nationwide basis.

A former engineer with Takata, the company now embroiled in a recall impacting major car manufacturers including Nissan, Honda, Ford, BMW, and more, has come forward to offer whistle-blowing testimony to the United States Congress regarding the company’s fatal and negligent practices.

Mark Lillie claims that the company had been warned that the ammonium nitrate they used in their designs was unstable and would result in catastrophic failure. Takata has been criticized for continuing to use the chemical compound in replacement designs. In addition, Lillie has said that airbag inflator plants were not up to standard and were unable to properly manage the ammonium nitrate-based airbag inflator design, lacking the expertise needed to create safe products.

More than 24 million cars have been recalled in the wake of the growing number of fatalities associated with the airbags.

 

Complete list of affected vehicles:

Acura: 2002–2003 TL; 2002 CL; 2003–2006 MDX

BMW: 2000–2005 3-series sedan and wagon; 2000–2006 3-series coupe and convertible; 2001–2006 M3 coupe and convertible

Chrysler: 2004–2008 Chrysler 300; 2007–2008 Aspen

Dodge/Ram: 2003–2008 Dodge Ram 1500; 2004–2008 Ram 2500, Dakota, and Durango; 2004–2007 Charger; 2004–2008 Ram 3500 and 4500; 2008 Ram 5500

Ford: 2004–2005 Ranger; 2005–2006 GT; 2005–2008 Mustang

Honda: 2001–2007 Accord (four-cylinder); 2001–2002 Accord (V-6); 2001–2005 Civic; 2002–2006 CR-V; 2002–2004 Odyssey; 2003–2011 Element; 2003–2007 Pilot; 2006 Ridgeline

Infiniti: 2001–2004 Infiniti I30/I35; 2002–2003 Infiniti QX4; 2003–2005 Infiniti FX35/FX45; 2006 Infiniti M35/M45

Lexus: 2002–2005 SC430

Mazda: 2004–2008 Mazda 6; 2006–2007 Mazdaspeed 6; 2004–2008 Mazda RX-8; 2004–2005 MPV; 2004 B-series

Mitsubishi: 2004–2005 Lancer; 2006–2007 Raider

Nissan: 2001–2003 Maxima; 2001–2004 Pathfinder; 2002–2006 Nissan Sentra

Pontiac: 2003–2005 Vibe

Saab: 2005 9-2X

Subaru: 2003–2005 Baja, Legacy, Outback; 2004–2005 Impreza, Impreza WRX, Impreza WRX STI

Toyota: 2002–2005 Toyota Corolla and Sequoia; 2003–2005 Matrix, Tundra

 

BCCN is part of a team of attorneys investigating claims against Takata, car manufacturers and dealerships. BCCN is currently reviewing and accepting cases on a nationwide basis.

A Jefferson County Public School bus was rear-ended the morning of Friday, February 6, while transporting elementary school children to their morning bus transfer depot. Fifteen children were transported to Kosair Children’s Hospital; the bus driver and two children were taken to Sts. Mary and Elizabeth Hospital, where police say they will be kept for treatment and observation.

An 18-wheeler rear-ended the bus, pushing it into an unmarked Shively police car. The bus was carrying 36 passengers at the time. The incident occurred as all vehicles were heading south on Cane Run Road, near Clarinet.

If the initial reports are accurate, the driver of the tractor-trailer will be found at fault, and those injured in the crash will have claims against the driver and his trucking company, if any. While driver error seems the most likely cause, a full and complete investigation should be performed to determine exactly what the contributing factors were and answer all the questions those injured, and their families, will have as to why and how this incident occurred. It is always possible that a mechanical failure, defective maintenance or repair, or some other condition was the cause of the wreck. Hopefully, all of those injured make a full and speedy recovery.

The personal information of 80 million or more Americans was stolen in a data breach discovered by Anthem, the nation’s second-largest health care company. The information accessed during the hack includes names, addresses, birth dates, and social security numbers. At this time, the company is claiming no medical information was stolen in the attack. This represents the largest breach of medical privacy in the United States to date.

These types of security breaches, which have become far too common, can result in harms including identity theft, financial loss, and invasion of personal privacy. All too often, stolen personal information ends up in an underground market place for sale to unscrupulous people and companies which use and exploit it. Obviously, this can and does wreak havoc on the lives of innocent consumers. If evidence suggests Anthem failed to adequately protect its customers’ information, then their customers may have claims against them for those failures.

Bahe, Cook, Cantley and Nefzger is currently reviewing and accepting cases from consumers that have been injured as a result of Anthem’s failure to protect its customers’ personal information.  We are accepting cases on a nationwide basis.

Faulty air bags currently recalled by Takata are being blamed for the death of 35 year old Carlos Solis of Houston, TX. The airbags are reportedly responsible for at least five additional fatalities.

More than 20 million vehicles have been recalled due to the airbags; companies joining in the recall include Honda, BMW, Mitsubishi, Mazda, Nissan, Subaru, Ford, and Chrysler.

There is every indication that this recall has been inadequate to protect the millions of drivers who are at risk of death or injury due to this faulty equipment. BCCN is part of a team of attorneys investigating claims against Takata, car manufacturers and dealerships. BCCN is currently reviewing and accepting cases on a nationwide basis.

Continue reading →