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Controversy Swirls Around Louisiana Workers’ Compensation Benefits

by Keith Adkins | August 13th, 2014

When an employee is injured on the job in Louisiana, they may be entitled to collect Louisiana workers’ compensation benefits. These awards are based off an employee’s annual earnings, which has stirred quite a controversy among players with the National Football League’s (NFL) New Orleans Saints.

Current law uses future earnings as well as year-to-date earnings to determine how much money an injured worker should receive when collecting workers’ compensation benefits. An article from Sports Illustrated explains a new bill, HB 1069, would base workers’ compensation award figures on year-to-date earnings only.

This could make a large difference in the amount injured workers receive from workers’ compensation. It would significantly impact athletes in particular because only portions of athletes’ contractual earnings are guaranteed and are not paid all at once.

The change comes at a very controversial time, as the NFL currently has disputes with players over prevention, treatment, and compensation for injuries. The organization recently reached a multimillion dollar settlement with a group of players who alleged the league didn’t properly warn them of the dangers multiple traumatic brain injuries could have on their long-term health.

While Saints officials have stated changes to the law wouldn’t have an effect on players due to the current bargaining agreement in place, many are still calling for the bill to be shot down.

At Dudley DeBosier Injury Lawyers, our Baton Rouge personal injury attorneys believe all workers should receive fair compensation when they’re hurt on the job, regardless of what their job is. We hope the legislature considers the best interests of all residents of Louisiana when making a decision on HB 1069.

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Workout Supplement Ingredient DMAA Linked to Liver Failure

by Keith Adkins | July 30th, 2014

Using dietary supplements can be an effective way to reach your fitness goals, but using certain versions of these products may be putting your health at risk. In fact, researchers at the University of Kentucky in Lexington (UK) have linked liver failure to the use of a particular ingredient in some workout supplements.

Dimethylamylamine—otherwise known as DMAA—is an amphetamine derivative that is used to increase energy and metabolism. In the case UK researchers noted in the May issue of the journal of Gastroenterology, DMAA has been linked to the liver failure of at least one woman.

An article from FOX News states the victim took three workout supplement pills which contained DMAA over a two-day period. Within weeks, she had developed jaundice and liver failure. As her condition deteriorated, doctors determined the only way to save her life was an organ transplant.

While researchers concede the woman was taking other medications and they are unable to pinpoint the exact cause of the woman’s condition, the correlation between DMAA and cases of heart attacks, deaths, and other health problems linked to the ingredient led to the U.S. Food and Drug Administration launching a voluntary recall of products containing it.

So what can you do to stay safe from the dangers of DMAA? The Louisiana personal injury attorneys with Dudley DeBosier Injury Lawyers suggest refraining from using any type of workout or dietary supplement that is not recommended by your doctor.

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Dudley DeBosier Injury Lawyers Awards $10,000 in Scholarships

by Dudley Debosier | June 27th, 2014

Dudley DeBosier is proud to announce the winners of this year’s scholarship program. The firm awarded $10,000 in scholarships to nine recipients.

Dudley DeBosier Injury Lawyers decided to create this scholarship program in order to recognize and honor high school seniors who have overcome challenges and obstacles in the pursuit of a college education. High school seniors were encouraged to enter the Essay Competition by writing an essay detailing the challenges they have faced in their lives and how they overcame them or the Public Service Announcement Competition by submitting a video about the dangers of texting and driving or drinking and driving. Winners were chosen based on academic performance, quality of writing or video submission, and demonstration of financial need. Eight $1,000 scholarships were awarded to the winners of the Essay Competition. The winner of the Public Service Announcement Competition received a $2,000 scholarship.

The large number of qualified entrants made this year’s selection process a tough one. Chad Dudley, a partner of Dudley DeBosier stated, “Each year we get more and more applications, and each year it gets tougher to select winners. We have some great winners this year, and I have no doubt that they will find success in their future endeavors. We are just happy to give them some encouragement on that journey.”

The scholarship recipients were honored at the annual Dudley DeBosier Scholarship Luncheon on Friday, May 23 at Juban’s restaurant. The winners are listed below in alphabetical order:

Victoria Arnold                                               St. Amant High School, St. Amant

Kaylee Boaz                                                    Belle Chasse High School, Belle Chasse

Arnesia Cador                                                 Glen Oaks High School, Baton Rouge

Michael Favorite, Jr.                                       Donaldsonville High School, Donaldsonville

Margarite LaBorde                                         Port Allen High School, Port Allen

Rayneisha Maiden                                          Scotlandville Magnet High School, Baton Rouge

Naadia West                                                   Airline High School, Bossier City

Joseph Williams, IV                                        East St. John High School, LaPlace

Rachel Lee Prestwood            (P.S.A. Winner)         C.E. Byrd High School, Shreveport

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How A Lawyer Filing Your Louisiana Workers’ Compensation Claim Will Help

by Keith Adkins | June 25th, 2014

When a worker is injured in The Pelican State, they may be entitled to receive Louisiana workers’ compensation benefits; however, the processes to receive such an award can often become bogged down in the legal system because of disputes between the victim and the insurer.

This common situation was highlighted in a recent Louisiana workers’ compensation case that went before the state Court of Appeals. The worker claimed a brain aneurysm he suffered from was directly related to a work accident, while the employer and their insurer argued too much time had passed between the initial accident and the aneurysm’s diagnosis for the two to be connected.

Business Insurance reports that several neurosurgeons examined the victim and determined that his condition is one that develops slowly over time. Furthermore, while there is no direct link between the accident and the aneurysm, it is plausible that the two are connected.

The decision resulted in the injured worker receiving the benefits he was seeking.

The struggles this worker face only underscores the importance of having quality legal representation by your side through each step of the Louisiana workers’ compensation application process.

At Dudley DeBosier Injury Lawyers, our Louisiana personal injury attorneys can help answer any questions who have as they help you navigate the Louisiana workers’ compensation system. So call us today at (866) 897-8495 to discuss your need for benefits.

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FDA Announces Recall of Defective Medical Device

by Keith Adkins | June 18th, 2014

The United States has access to some of the most advanced medications and medical devices that are available today; however, sometimes these products can have defects that can cause serious harm to the patient who uses them.

Such a case of a defective medical device came up recently when the U.S. Food and Drug Administration (FDA) announced the launch of a voluntary recall affecting NaturaLyte liquid bicarbonate concentrate. The product—which is typically used by dialysis patients—was found to contain unsafe levels of a specific bacterium.

Nephrology News reports came to light in April when several lots of the product were found to contain Halmonas, a bacteria that thrives in water containing high levels of salt. Some of the patients who used the contaminated product became infected, leading to several fatalities and other patients becoming severely ill.

So what actions should patients who are in possession of the affected product should take? The FDA suggests halting its use immediately. Also, if the product is already in a dialysis machine, the equipment should be emptied and disinfected.

If you or a loved one have become ill after using the product, it may be wise to seek legal representation. At Dudley DeBosier Injury Lawyers, our team of Louisiana personal injury attorneys can help guide you through the steps that are necessary to receive compensation for your injury or illness. So call us today at any time to discuss your situation and how we can help.

 

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Rule Changes Address Risks Associated With Using Soft Infant Carriers

by Keith Adkins | June 4th, 2014

Infant carriers can be a great way for parents to keep their child close to them while still allowing their hands to be free to do other things. However, these products have been associated with several serious child injuries and fatalities over the years. According to the Consumer Product Safety Commission (CPSC), there have been approximately 125 such incidents reported from 1999 to 2013.

To help prevent these carriers from being considered a defective product, the CPSC recently enacted reforms to the safety standards that oversee the production and use of these devices. The move was made in a unanimous vote that was taken this past March.

A press release explains The Danny Keysar Child Product Safety Notification Act will address issues and risks with the carriers that include infant falls as well as manufacturing and design errors.

Carriers that are covered under the new standards include any product that is made of sewn fabric and designed to hold a child the size of a full-term infant to toddler. Slings and framed carriers will not be covered under the new standards.

At Dudley DeBosier Injury Lawyers, our team of Baton Rouge personal injury lawyers have seen the hazards involved in using a defective product and are hopeful the regulation reforms that were recently made will work to better protect children living here Louisiana and across the United States.

 

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3 Ways to Prevent Accidents and Personal Injury

by Keith Adkins | April 16th, 2014

It never fails. Just when you think you are safe, an accident happens. In fact, the Centers for Disease Control and Prevention (CDC) found more than 29 million unintentional injuries were reported in the United States during 2010 alone.

An unexpected accident was responsible for leaving two Louisiana State University students suffering from a Personal Injury last week. Reports indicate the accident happened just before 2:45 p.m. on Thursday, April 10, in the campus’ Dairy Science laboratory.

A spokesman for the Louisiana State University Police Department, Capt. Cory Lalonde, stated the victims were conducting an experiment in the lab when a glass beaker they were using suddenly burst, sending shards of glass into the air.

In an article from The LSU Reveille, Lalonde added the female student involved in the incident sustained lacerations and injuries to her hand, while her partner sustained minor cuts to his face. Both were transported to a local hospital for further treatment.

The incident leaves many citizens wondering how they can avoid becoming the victim of an unforeseen accident. The Louisiana Personal Injury Lawyers with Dudley DeBosier Injury Lawyers explain there are three easy steps you can take to prevent accidents:

  • Always Follow Directions- When using new products or equipment, read all directions and warnings.
  • Think Safety- Always use critical thinking to identify potential accidents before they occur. Assume all situations are dangerous.
  • Seek Medical Attention- If you are hurt in an accident, reduce the impact of injuries by seeing a medical professional as soon as possible.

 

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Controversy Surrounds GM Settlements With Victims of Faulty Ignition Switch Crashes

by Keith Adkins | April 9th, 2014

The manufacturers of the automobiles Americans purchase and drive have a responsibility to ensure the vehicles and parts they create are safe and free of defects. Failure to meet this responsibility to prevent Defective Products from reaching the market can lead to accidents and injuries that result in litigation being filed.

Such a controversy is surrounding General Motors (GM) and their failure to address problems with the ignition switches  installed in millions of vehicles.  A story from CBS News explains 13 deaths have been linked to the malfunction and sparked a recall of an estimated 2.6 million of the company’s vehicles.

GM is now considering reaching a settlement with those harmed as a result of the product liability issue, but the company’s bankruptcy filing, completed in 2009, has bogged down proceedings. The filing protects the company from legal claims filed in connection to car accidents.

While a decision in the matter has yet to be reached, GM is working to repair all vehicles affected by the recall.

The Louisiana Personal Injury Lawyers with Dudley DeBosier Injury Lawyers are aware of the dangers posed by driving a vehicle with defective parts and encourage anyone harmed in an accident caused by such a problem to speak with an attorney regarding their rights. We can be reached by calling 866-897-8495.

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Race for the Cure

by Dudley Debosier | March 10th, 2014

On Saturday, March 8, 2014 the Baton Rouge personal injury lawyers and staff at Dudley DeBosier came together to participate in the Susan G. Komen, Race for the Cure. We gathered with others at LSU’s campus to honor those who have lost, those that are fighting, and those who have won their battle with breast cancer.

The Susan G. Komen foundation was founded in 1982. It all started because of one sisters dying request. Susan G. Komen, 33, dying from breast cancer, told her sister, Nancy G. Brinker, “as soon as I get better, let’s do something about this. You can find a way to speed up the research. I know you can.” Unfortunately Susan lost her 3 year battle with breast cancer, but her legacy lives on!

Since the passing of her sister, Nancy has fulfilled her request and more. According to http://ww5.komen.org/AboutUs/GlobalReach.html  Susan G. Komen is the world’s largest breast cancer organization, funding more breast cancer research than any other nonprofit while providing real-time help to those facing the disease. Since its’ founding in 1982, Komen has funded more than $800 million in research and provided more than $1.6 billion in funding to screening, education, treatment and psychosocial support programs serving millions of people in more than 50 countries worldwide.

Breast cancer is a disease in which malignant (cancer) cells form in the tissues of the breast. Each year it is estimated that over 220,000 women in the United States will be diagnosed with breast cancer and more than 40,000 will die.

With offices throughout the state, the Baton Rouge personal injury attorneys at Dudley DeBosier are proud to announce our participation in the 2014 “Race for the Cure”, and we are already looking forward to next year! If you or someone you know has been injured in an accident through no fault of their own, be sure to give us a call at 444-4444. Also, check out our website at www.dudleydebosier.com and be sure to download one of our free apps. Droid/ IPhone

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A Fiery Tragedy

by Dudley Debosier | February 21st, 2014

A few weeks ago in Houma, Louisiana, three children, ages 11, 12 and 13, were found dead after a trailer caught fire. According to WAFB officials, there were no working smoke alarms in the home. The other 9 people, including the children’s parents, got out safely with moderate to severe injuries. LSP reported investigators found that the fire started in the living room or kitchen area, but they are still examining several possible causes, including space heaters and candles. The New Orleans personal injury attorneys at Dudley DeBosier want to encourage everyone to invest in and maintain smoke alarms in their homes.

This tragic situation could have been avoided with the use of a smoke alarm.  Below is a list from UL on why smoke alarms are so important:

The Importance of Working Smoke Alarms

  • Fire deaths have been cut in half since smoke alarms were introduced in the late 1970’s.
  • An estimated 95% of U.S. homes have at least one smoke alarm.
  • Two-thirds of reported residential fire deaths occurred in homes with no smoke alarms or no working smoke alarms.
  • Fire deaths in homes with working smoke alarms are 51% less than the death rate for homes without this protection.
  • An estimated 20% of U.S. homes do not have working smoke alarms, primarily because of missing or dead batteries.
  • Nuisance activations are the leading cause of disabled smoke alarms. In other words, “nuisance activations” occur when a smoke alarm detects steam from a shower or stove, thus falsely alerting residents of a fire. When this happens, most people take out the batteries, or disable the alarm.
  • Tip: If your alarm sounds when it detects steam from a shower or food burning on the stove, consider moving it into an area adjacent to the bathroom or kitchen to prevent nuisance activations.
  • Almost 900 lives could be saved each year if all homes had working smoke alarms.

Although having a smoke detector allows you to have enough time to escape a burning home, it does not prevent fires from happening.  If your home does catch fire, here are a few tips from KidsHealth:

Safety Steps

  • Check to see if there is heat or smoke in the cracks around a door. (You are checking to see if there is fire on the other side.)
  • If you see smoke coming under the door — DO NOT open the door!
  • If you don’t see smoke — touch the door. If the door is hot or very warm — DO NOT open the door!
  • If you don’t see smoke — and the door is not hot — then use your fingers to lightly touch the doorknob. If the doorknob is hot or very warm — DO NOT open the door!

With offices throughout the state, the New Orleans personal injury lawyers at Dudley DeBosier are here to help. If you or someone you know has been injured in an accident through no fault of his own, give us a call at 444-4444. Also, be sure to visit our website at www.dudleydebosier.com and check out our free apps for Droid/ IPhone.

 

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