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Personal Injury Law

Des Moines Personal Injury Lawyer

Commonsense analysis of Iowa personal injury law. Focused on the rights of the common working man and woman.
By Steve Lombardi, Esq.

Post Frequency: 17.4/day

Last Entry: March 31, 2010 at 07:01:00

Recovering Damages in a Motorcycle Accident

Posted on April 06, 2009
Yesterday I touched on the high numbers of motorcycle injuries and fatalities, which have been on a steady increase in recent years. I commented how the increased occurrence of such injuries/fatalities has led to an increase in lawsuits and litigations regarding who's at fault in such incidents...

FINANCIAL MISCONDUCT: How did the credit crisis develop?

Posted on April 06, 2009
Jonathan Jarvis has created a slide show that explains in simple terms how the credit crisis developed. To understand about the credit crisis you have to understand the components known as prime mortgages, sub-prime mortgages, collateralized debt obligations, frozen credit markets and credit default swaps...

Drunk driving can lead to deportation and an extremely unfair result

Posted on April 06, 2009
Drinking and driving can be a risky thing to try. In this case an Iowa City man, Edgar Escarcega drove while having a blood alcohol of 0.191, or more than the legal limit. (0.08) Mr. Escarcega plead guilty to driving drunk, OMVUI or OWI that resulted in the death of another...

Motorcycle Accidents: Injuries, Fatalities and Lawsuits on the Rise

Posted on April 05, 2009
Between 1975 and 1999, more than 38,000 motorcyclists died in single vehicle motorcycle accidents (with account for approximately 45 percent of all motorcycle accidents). Motorcycle fatalities have steadily increased since then, totaling 4,028 in 2004, 4,553 in 2005 (a 13 percent increase) and 4,810 deaths in 2006 (roughly a five percent jump)...

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Semi in break down lane on shoulder struck in rear by oncoming driver

Posted on April 05, 2009
On March 30, 2009 at 1:30 38 year old Jeffery Hamman of Sioux City hit a semi that was pulled over on the shoulder for a mechanical problem. The semi was driven by 62 year-old Carlos Yon of Miramar Florida. Mr hammon was transported to Saint Luke's Regional Medical Center for what authorities are saying are 'possible minor injuries...

Iowa Workers' Compensation: Released back to work, then laid off, what do I do?

Posted on April 04, 2009
I answer questions on another website and this question was recently posed and the economy being what it is, I thought a broader audience might appreciate the advice. Question: If a person has a work comp injury with restrictions can they be laid off of work? Answer: The answer is sometimes, yes and sometimes no...

Burger King stops using wrap with Fluorescent Whitening Agent (FWA)

Posted on April 03, 2009
Consumer groups found a whitening agent in the Burger King wrap used for wrapping food products. In an allusion to last year's poisoned milk scandal, the report also highlighted the fact that FCW contained traces of melamine, the chemical found in last year's tainted milk...

FINANCIAL MISCONDUCT: What is a liar's loan?

Posted on April 03, 2009
What is a liar's loan? A liar's loan has to do with mortgages. The "liar's loan" is a phrase and in many instances is a misnomer. It was a misnomer because the borrower wanted to tell the truth about their income but the loan broker or even the lending officer at the bank entered the incorrect income information on the loan application...

Iowa Supreme Court rules ban on gay marriage is unconstitutional

Posted on April 03, 2009
The Iowa Supreme Court in a stunning decision voted unamimously upholding gay's right to marry. Des Moines Register, Unanimous ruling: Iowa marriage no longer limited to one man, one woman • Read the summary: Iowa Supreme Court's decision on same-sex marriage...

FINANCIAL MISCONDUCT: Derivative Market Logic

Posted on April 02, 2009
My good friend Marion Brown, (we were undergrads together at the University of Iowa) passed this analogy on to me. I was impressed with it's simplicity. To understand it let's first review derivatives. What are derivatives? They are investments that depend on insuring the value of other assets; like sub prime loans packaged together as mortgage backed securities...

New Instrument Trays For Tort Reform States Will Include Alarm Clocks

Posted on April 02, 2009
TEXAS MEDICAL DREAM TEAM: Invitation #6, Guess which of the Seven Dwarfs will get the invite. Bashful, Doc, Dopey, Grumpy, Happy, Sleepy or Sneezy? We have to apologize to Texas for not sending out the next invitation until today. I suspect the Tex-ass Legislature is interested in filling out their dance card with tort reform minded doctors...

Elderly woman killed in Iowa after driving into asphalt grinder off I-29 near Glenwood

Posted on April 02, 2009
KETV reports that an Iowa woman was killed after driving into a construction area and running into a Caterpilla asphalt grinder along Interstate 29 near Glenwood, Iowa. The woman's age was 66 and she was pronounced dead at the scene. The work was being done just north of the Glenwood exit in Mills County, Iowa...

Vacation Safety: Traveling with baby

Posted on April 01, 2009
Six – the number of flights I've taken in the last month. Four – the number that have been equipped with screaming children (three times I sat directly next to the parent holding the highly-disruptive child). Now, I'm generally not a kids person and ordinarily I'd silently curse a screaming child, calling them spoiled, pampered, etc...

Who is the AIG April Fool?

Posted on April 01, 2009
Today's April Fool is from AIG, more than likely a bailout bonus recipient. On March 31, 2009 an advertisement was taken out in the Wall Street Journal, A Public Apology and Plea to all AIG Associates. Read the 'apology' and if you can find the words 'I'm sorry' or 'all AIG Associates should be sorry', I'll be surprised, because there is no apology only arrogance of the writer who doesn't even have the temerity to sign the advertisement...

An April Fools Day lawsuit roundup

Posted on April 01, 2009
At the end of every month we always gather up the litigation news from around the world to keep you abreast of the world of litigation. Here is the news from March 2009. Yesterday Apple announced a new program called Ripe that removes the Windows operating system from p...

INJURYBOARD in APRIL is all about financial wrongdoing. A Compendium of greed and corruption.

Posted on April 01, 2009
April on the InjuryBoard will be focusing on financial torts; torts like those that have blanketed the news lately. There have been an incredible number of Ponzi schemes by stock brokers and hedge fund managers from around the world. I'll begin today from the Des Moines InjuryBoard with a list of some of the major schemes that have resulted in billions of dollars in losses for investors...

Implant Safety: How to use the Internet to help monitor your health

Posted on March 31, 2009
MAINTAINING VIGILANCE AS A PATIENT – IMPLANT RECALL SAFETY NEWS Yesterday we discussed the FDA recall classifications and today I promised to explain one method of how patients with implants can be one step closer to being safe from product defects...

Anderson on way to Texas is thrown from pickup truck, luckily not killed.

Posted on March 31, 2009
Two people on their way to Texas were involved in a car accident at the I-35 South and I-235 West interchange. Bradley Sea, 21 was driving a pickup truck west on I235 and turned right to go around the turn which connects with I-35 South. He went off the shoulder and down the embankment...

FDA Recall Classifications: Where is the FDA's passion for peanuts?

Posted on March 30, 2009
You should know the FDA Recall Classifications so today and tomorrow I'm going to explain the classifications and tell you how to use the Internet to monirot your health situation. And at this time of year, it getting close to opening day at most ballparks we're going to keep in mind the all important question: Where is the FDA's passion for peanuts? Peanut butter is as American as is baseball, the MLB Association and America's favorite team, the Boston Red Sox...

Medical Malpractice - The Science of Making Mistakes in Medicine

Posted on March 30, 2009
I read about an interesting study from the University of Iowa that develops a framework to examine the science of mistakes in the practice of medicine. The study was published in Science Daily back in August 2006. The study discusses the why's and how's physicians and other medical service providers report (or don't report) errors that cause injury to the patient...

SUV rollover kills 13-year old from Illinois while on I-80 in Iowa

Posted on March 30, 2009
A 13 year old involved in an I-80 accident in eastern Iowa died following the SUV rolling after going in the ditch. The teenager was from Illinois. The driver, Deborah Newsome is 45 years of age. Another passenger, Deborah Newsome was hospitalized at the University of Iowa Hospitals and Clinics in Iowa City...

Wrong-way driver kills four Eastern Illinois University college students

Posted on March 28, 2009
Four Eastern Illinois University college students were killed and another, the driver, survived from a wrong-way crash involving a Sunset Hills Police Officer. The officer was off-duty at the time although officers are never per se completely off duty...

Food Safety: Melamine news, including the CCP takes action against government officials for melamine contamination debacle

Posted on March 27, 2009
I'm surprised and elated of the action being taken by the Chinese Communist Party against government officials who were in some way involved with allowing the melamine scandal to develop without discovering or stopping it. As is widely known hundreds of thousands of Chinese babies suffered kidney damage and several infants died as a result of melamine contamination in infant formula...

Weather getting warmer, the motorcycle body count can begin

Posted on March 27, 2009
Two people riding a motorcycle in Iowa County were taken to the hospital by life flight after a pickup truck failed to yield the right away, made a left turn and struck the motorcycle. The collision occurred at 212 Boulevard, ½ mile west of I Avenue 4 miles west of Marengo...

Texas Medical Dream Team Invite No. 5, Team Nightmare

Posted on March 26, 2009
I was thinking maybe I should leave the Great State of Texas alone and let them learn from their mistakes. But I can't leave this subject alone because it seems wrong for professionals that make hundreds of thousands of dollars each year in income to ask patients to take financial responsibility for their professional mistakes...

AIG sued by Cedar Rapids, Iowa flood victim.

Posted on March 26, 2009
Penford Products Co. in eastern Iowa has sued AIG for failing to pay flood related claims amounting to $30 million dollars. Penford filed claims for some $50 million in property damage but AIG has paid only $20 million. Penford is a supplier of chemically modified specialty starches...

Doctor vs. Defense Lawyer - What came first the chicken or the rotten egg?

Posted on March 25, 2009
What is the controversy? It's reported by the Boston Herald that a patient who had plastic surgery performed at the Beth Israel Deaconess Medical Center sued the hospital and the doctors involved. Before the plaintiff could serve the petition, sometimes referred to as a civil complaint, the doctor left the Boston area traveling across the country on vacation never intending to return...

Guest column: Prosecute Bush for his crime: Allowing torture

Posted on March 25, 2009
Today we are reprinting with permission a guest column by an Iowa attorney. I have long advocated that the Bush Administration's policy of the end-justifies-the-means is wrong. This piece by Mr. Wilson makes a very good argument in the area of sanctioning torture...

Vacation Safety: Do golf getaways put you at risk?

Posted on March 25, 2009
Golf – it's America's new favorite pastime. In the year 2000, there were approximately 27 million golfers in the U.S. alone; it goes without saying that this figure has increased since then (nowadays, there are over 60 million golfers around the world)...

TEXAS MEDICAL DREAM TEAM, Invite No. 5, The hunt is on. Roll the dice. We invite the Patient named DENIAL.

Posted on March 24, 2009
What if your child ate a tack? What would you do and what would you expect from the dream team? What if after getting to the dream team a doctor performed stomach surgery on your child without reviewing the X-rays to see if the tack your child ate remained in their stomach? Would you be upset? I suspect you would...

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