5th Annual George Almond Officer of the Year Banquet in Cary, North Carolina

This past Saturday, members of Hardison & Cochran had the opportunity to attend the George Almond Officer of the Year Award put on by the North Carolina Police Benevolent Association Cary Chapter. The Cary Chapter Board, in their first year chose to sponsor an Officer of the Year award in honor of retired Detective George Almond. Almond, a PBA member was shot in the line of duty in October of 2001. He survived the shooting and returned to duty as a detective in juvenile investigations before retiring in August of 2004. The award recognizes outstanding achievement in the areas of leadership, community service, mentoring, excellence in performance, and valor.

Along with the awards, attendees had the pleasure of hearing from Roanoke Rapids police officer, John Taylor, who in November of 2010 was shot five times in a traffic stop on I-95. Taylor spoke on his recovery and the pride he has in his community after seeing them come together after the shooting. In April, the North Carolina Police Benevolent Association will be holding a 5K run to raise funds in helping offset medical and personal expenses for Officer Taylor. For more information, please check out the Facebook page of the event by clicking here.

The winner of the 2010 Officer of the Year award was Officer Matt Pearson. Congratulations to Officer Pearson for his dedication to making Cary, and ultimately North Carolina, a safer place to live. If you would like to see more pictures of the event, please view the North Carolina Police Benevolent Association Facebook page.

* Photo: Justin Fagge and Ben Cochran at the George Almond Officer of the Year Award in Cary, North Carolina.  

Friday Feed #74: Classic Cars

Who doesn't love a classic car? A smoking hot rod to stir memories of your past glory. A big old sedan that reminds you of you dad coming home from work each day or family vacations when you were a kid. Cars are great. No matter if you're a Ford, Chevy or Dodge fan, this Friday Feed has a little something for you. 

1969 Camaro RS/SS 
This first generation Camaro is a beauty. A rare car indeed.  

Collector Car Ads
In the market to sell your classic ride? In the market to buy a classic ride? Just want to look around at some pictures of some classic rides? Even if its one or all 3, this is the site for you.

EBay Seller Has a Very Rare Car

What started out as a $500 bid turned into a quarter of a million dollar sell. What was sold? A 1963 Pontiac Tempest Super Duty Le Mans Coupe. One of only six made by Pontiac.

Classic Ford Mustang Photo Gallery
Mustangs have that sound. The sound where you don't even have to look to know it is a pony produced by Ford. Feast your eyes on this huge gallery of Classic Mustangs.

The Dodge Charger
Pretty much everything you need to know about the evolution of the Dodge Charger.

Serious Wheels
SeriousWheels.com is a seriously huge website of some seriously classic (and new) cars by alphabetical order. Check it out.......seriously.

Social Security Administration: Applying Online For Your Social Security Disability Benefits Webinars

In November of last year, we shared a press release from the Social Security Administration about their new website. If you haven't click around the website yet, there are some great new features that can help with the filing of your Social Security disability benefits.

While the SSA website has always had a text version of help in filing for your disability benefits, it now has webinars. To check out the webinars associated with Social Security disability, please just click the one you would like to watch below:


Social Security Webinars - Applying Online for Disability Benefits

Social Security Webinars - Social Security for Wounded Warriors

The SSA is adding more and more webinars to their website. When a new one is added that deals with Social Security disability benefits, we'll update it on the blog.

What is Loss of Consortium?

Last week, we posted about the North Carolina Senate Bill 33, which is proposing to cap non-economic medical malpractice claims in North Carolina at $250,000. As a reminder, non-economic damages include pain, suffering, inconvenience, loss of consortium, physical impairment, disfigurement, and other nonpecuniary damages. Most on the above list are self explanatory, but what exactly does "loss of consortium" mean?

Loss of consortium is when there is a disruption in a marriage due to the injuries that someone in the family has suffered. In an injury claim, one may be able to receive damages for loss of consortium. While there are many examples of this, we'll use one below where you can get a better picture:

John and Sally are married and have two very active children. One day, John is involved in a car accident which is no fault of his own. John is seriously injured and will have to spend the rest of his life in a wheelchair. Due to his injuries and his disability, John is no longer able to be active with his children in baseball which he played at a Minor League level. Before the accident, John would spend 10-15 hours a week practicing baseball fundamentals to prepare them for their league games. Additionally, John is unable to perform tasks around the house for his wife. Before the accident, John was able to perform these duties without problem. John is also unable to sleep in the bed at night because his pain level is not as high when he sleeps alone in the recliner in the living room. Before the accident, John and Sally spent most nights happily sleeping in the bed together.

Due to his injuries, which were no fault of his own, his companionship with his wife and the support he provided in raising their children were both affected. Under existing law, Sally may be able to recover damages because her marriage and companionship with John and the support he once provided the family were negatively affected by the car accident.

More on Loss of Consortium:
Posner on Loss of Consortium: Valuing Companionship and Affection
Loss of Consortium: US Legal
* Photo courtesy of Benurs via Flickr Creative Commons

New York Times: Recalled Devices Mostly Untested, New Study Says

In a late December blog post, we featured a story in the New York Times on a FDA approval process used by DePuy to get the ASR Hip Replacement system to market faster without any clinical testing. To put that blog post in a nutshell, where drugs have to be tested through a series of clinical trials, implants and other medical devices can be put to market if they simply resemble a product which is already used in the medical community. This process is known as the 510K process. For a full description of the 510K process, please view it here.

Last week, The New York Times again covered approval processes by the FDA in their article,  Recalled Devices Mostly Untested, New Study Says, penned by Barry Meier. The article is based off a study published on the website of The Archives of Internal Medicine. The full text study can be viewed here.

The study analyzed the FDA's high-risk list of device recalls from 2005 to 2009. Using that data, they then searched and found what process was used in the approval of the product. From 2005 to 2009 there were 113 recalls that the FDA deemed could cause serious health problems or death. Out of that 113, only 21 had been approved through the more rigorous Premarket Approval (PMA) process.

This leaves 92 recalled devices that made their way to market by some type of FDA approval. Out of the 92, 80 were approved by the 510K process. So from 2005 to 2009, roughly 70 percent of the recalled devices which were found to cause harm or even death were approved by the 510K process.

For the full article from the New York Times, please click here.

*Picture courtesy of Brian by way of Flickr Creative Commons.

Friday Feed #73: The Great Outdoors

Most, if not all, of North Carolina is seeing some great weather today. No excuse in not getting outdoors today. There's also no excuse for us not making the great outdoors the theme of this week's Friday Feed. No, No not this Great Outdoors, this one.

Picnic Tips
Everyone loves a picnic. Check out this site from weather.com for tips on having a great outdoor eating session. It also has some solid safety tips.

Ten Bike Riding Safety Tips
Maybe riding your bike on a warm day is your way of relaxing in the great outdoors. Check out these tips to stay safe on your ride. 

North Carolina Waterfalls
Soothing. Bringer of the peace.

North Carolina Coastal Pictures
It's about that time.

Fun Stuff in North Carolina
Your essential guide to the best outdoor activities in the Tar Heel State.

Hardison & Cochran Files First of Many DePuy ASR™ Cases

Yesterday, Hardison & Cochran filed the first of many cases against DePuy Orthopaedics, Inc., and its parent company, Johnson & Johnson. In August 2010, Depuy Orthopaedics recalled two of their hip replacement systems. The recall has been issued for approximately 93,000 defective implants after it was found that the device was failing at a rate of 12%-15%.  Due to this failure, many patients were requiring additional surgeries to revise the original hip replacement.  The two implants being recalled are the ASR™ Acetabular Cup System and DePuy ASR™ Hip Resurfacing System.  The DePuy ASR™ Acetabular Cup System is a metal-on-metal hip component used during a hip replacement surgery in the United States and worldwide.  It was introduced in 2004.  The ASR™ hip resurfacing system, which is used in a popular alternative to tradition hip replacement, has not been approved in the United States but has been used abroad.

Managing Partner of Hardison & Cochran, Ben Cochran, spoke briefly today about the filings. "This is a dangerous product that should have never been marketed. It is subject to a high failure rate, and is likely to cause metal toxicity," said Cochran. "In addition to this case being filed, we're investigating many cases where a person's well being suffered tremendously due to this product's failure," he added.

For a full look at the DePuy Hip Replacement Recall news covered on our blog, please click here.


Photo courtesey of Simon Davison by way of Flickr Creative Commons.

What is the North Carolina Senate Bill 33: Medical Malpractice Reform?

UPDATE (July 27th, 2011): The North Carolina House overrode Gov. Purdue's veto of this bill. To view a PDF version of the final bill, please click here.

The North Carolina Senate Bill 33, which can be viewed here in PDF, is a proposal to reform medical malpractice in the state of North Carolina. The actions proposed in the Bill would apply to "health care providers" as defined by the NC General Stat. 90-21.11, which can be viewed below:

§ 90‑21.11. Definitions.

As used in this Article, the term "health care provider" means without limitation any person who pursuant to the provisions of Chapter 90 of the General Statutes is licensed, or is otherwise registered or certified to engage in the practice of or otherwise performs duties associated with any of the following: medicine, surgery, dentistry, pharmacy, optometry, midwifery, osteopathy, podiatry, chiropractic, radiology, nursing, physiotherapy, pathology, anesthesiology, anesthesia, laboratory analysis, rendering assistance to a physician, dental hygiene, psychiatry, psychology; or a hospital or a nursing home; or any other person who is legally responsible for the negligence of such person, hospital or nursing home; or any other person acting at the direction or under the supervision of any of the foregoing persons, hospital, or nursing home.

As used in this Article, the term "medical malpractice action" means a civil action for damages for personal injury or death arising out of the furnishing or failure to furnish professional services in the performance of medical, dental, or other health care by a health care provider. (1975, 2nd Sess., c. 977, s. 4; 1987, c. 859, s. 1; 1995, c. 509, s. 135.2(o).)

What exactly is the NC Senate Bill 33 proposing to reform?
Many things, but the main two you will hear about are the $500,000 cap on non-economic damages and limiting the liability of emergency care services. Below, both are explained:

Non-economic Damages are Capped at $500,000
Non-economic damages include pain, suffering, inconvenience, loss of consortium, physical impairment, disfigurement, and other nonpecuniary damages. (1) The Bill proposes that the person who suffered the adverse effects of medical malpractice cannot recover more than $500,000 for their non-economic damages. If they are awarded more than $500,000, then a court will lower it to the capped level.

Limiting Liability of Emergency Care
The Bill reads, "...the health care provider shall not be liable for the payment of damages unless the trier of fact finds by greater weight of evidence that the care of such health care provider was not in accordance with the standards of practice among members of the same health care profession..."

What are they saying about the NC Senate Bill 33?

Laurie Sanders, Executive Director of the North Carolina Coalition for Patient Safety (NC-CPS), today described Senate Bill 33 as “a direct assault on patient safety.”

Above from: Patient Safety Coalition Calls Proposed Immunity For Substandard Care "A Green Light To Commit Malpractice"

“Under this bill, hospitals can provide negligent care, which every other doctor in North Carolina agrees is malpractice, but still have complete immunity,” Taylor explained. “They take no responsibility at all for their actions. How is that fair?”

Above from: Mothers to NC Legislators: No Medical Malpractice Immunity in the Emergency Room 

I understand that you are sponsoring SB 33 that would not allow a lawsuit if a little girl is injured in an emergency room because of negligence. I don’t understand why that is fair. The doctors who work in an ER have standards they are supposed to follow, just like everyone else. All we expect is that they provide reasonable care that meets their professional standards. Is that too much to ask?

I hope you will not support SB 33.

Above from: Clayton, NC resident Sarah Leonard's Letter to NC Senator

I understand that you have introduced a bill that would impose an arbitrary cap of $250,000 on damages for pain, suffering, disfigurement, mutilation, loss of limbs, and even death.

Senator Rucho, No one put a "cap" on my wife's pain and suffering -- so how can you put a cap on what it's worth? I understand fair compensation for disfigurement and pain is difficult to determine. That's why we count on juries to make that decision -- after they hear all the evidence.

But if your bill passes, legislators -- having heard no evidence -- will arbitrarily make that decision

Above from: Doctor John Faulkner's letter to NC Senator

“North Carolina citizens have a ‘sacred and inviolable right’ to have a jury determine the amount of compensatory damages, including non-economic damages, under our Constitution. The right to have a jury make that decision cannot be eliminated or restricted by the General Assembly.”

Above from: Former NC Supreme Court Chief Justice I. Bev Lake, Jr.: Medical damages cap 'unconstitutional'

* Photo courtesy of steakpinball via Flickr Creative Commons.

Happy Valentine's Day 2011

On this Valentine's Day, let those close to you know the special feelings you have for them.

* Photo courtesy of Scarleth White via Flickr Creative Commons

Friday Feed #72: The Classic Rock Edition

Last week, football was our theme for the Friday Feed because of the Super Bowl. We usually don't have any set of guideline for the Friday Feed, but we received an awesome response from last week's edition, so we're going to try it out and see if the Friday Feed struts in a little more style with a theme. We're also going to make it interactive. If you know of a theme you'd like to see in the future just e-mail us, put it in the comments section or tweet us. The crazier the better.

Well, since we've got that out of the way, what's the topic this week? This weeks focus will be on Classic Rock. So turn up the amp, fire up your late 70's Trans AM, get your lighters ready for the ballad because this week's Friday Feed  is much more than a feeling.

Pink Floyd Fandom
Hello...Hello...Hello...is there anybody out there? Yes, there is. Check out this Pink Floyd fan site with a great updated blog and about anything else you can think of when it comes to Pink Floyd.

A Dozen Classic Rock Songs for Valentine's Day
Tell them you love them with some classic rock.

Achilles Last Stand - The Led Zeppelin Site
Much like the Pink Floyd site above, this is an often updated fan site for Led Zeppelin. This wouldn't be complete without linking the best Led Zeppelin song ever.

Talk Box
Peter Frampton made it famous. Now, check out all about it on Wikipedia.

5 Random Classic Rock You Tubes:
Journey - Separate Ways
The Beatles - Hey Jude
Foghat - Slow Ride
Eagles - Hotel California (Live)
Eric Clapton - Layla (Live)

Enjoy your weekend and remember to be safe. We'll see you on Valentine's Day!

Report Backed by Insurance Industry Skews North Carolina Workers' Compensation Data Says North Carolina Advocates for Justice

"WCRI's report is an unfortunate example of insurance companies and corporations seeking government subsidies by shifting their expenses to taxpayers. WCRI is funded by insurance companies and big corporations, and routinely issues reports that support 'reforms' that will increase their contributors' profits."


The above quote is from North Carolina Advocates for Justice (NCAJ) CEO Dick Taylor on a recent study by the Workers' Compensation Research Institute. The report in question claims that the average payment per claim for injured workers in North Carolina is higher than in 15 other major states, but the NCJA reminds us that numbers can be skewed.

According to the NCAJ that number is misleading for one simple reason: "In North Carolina, unlike other states, workers' compensation doesn't cover many injuries sustained in the normal work routine.  North Carolina has fewer claims, and they are for more severe injuries. Naturally, North Carolina's average payment per claim is higher."

So what is a fair measurement of how North Carolina workers' compensation stacks up with the rest of the country? Simple, says the NCAJ, Are employers' costs for workers' compensation insurance out of line with other states?

A study by the highly regarded Oregon State Department of Consumer and Business Services says North Carolina is right in the middle of the pack, 23rd to be exact, when it comes to average cost to employers of workers' compensation insurance.

To drive home the point even more, the NCAJ notes that North Carolina does better than eight (California, Illinois, Minnesota, New Jersey, Pennsylvania, Tennessee, Texas, Wisconsin) of the 16 states that were studied in the WCRI report. In short, North Carolina delivers good benefits to injured workers, at low cost to employers.

"Right now, corporations and insurance companies are lobbying the NC General Assembly to cut benefits to injured workers," says the NCAJ press release. "Under their proposal, even if a worker is injured on the job and continues to be totally disabled, his or her workers' compensation will end after 500 weeks."

So after those 500 weeks, what happens? "Most disabled workers will end up on Social Security, SSI Disability, Medicare, Medicaid or Food Stamps. And the costs insurance companies have been paying – for injured workers' medical care and lost wages – will be shifted onto taxpayers."

Enough with the reports. What do the people think about this? In October 2010, Public Policy Polling asked registered voters if they favored cutting off benefits to disabled workers after 500 weeks. The idea was opposed by Liberals (78%), Moderates (67%) and Conservatives (60%); and by Democrats (72%), Republicans (62%) and Independents (56%).

For more information, view this PDF from the NCAJ.  

What do you think?
Let us know in the comments section.  

* Photo courtesy of gregor_y via Flickr Creative Commons.

Hardison & Cochran Motorcycle E-Newsletter (February 8th, 2011)

Click here to view the February 8th edition of the Hardison & Cochran Motorcycle E-Newsletter. If you would like to sign-up to receive this e-mail each week in your inbox, just enter your e-mail to the right in the sidebar. Topics covered in this week's newsletter include Myrtle Beach noise, motorcycle club fundraiser, Harley with some Military love, going pink and as always the 5 weekly links. Enjoy!

How Healthy is Your North Carolina County?

You can now check out where your North Carolina county ranks within the state based on health with County Health Rankings: Mobilizing Action Toward Community Health. Below is more information from the County Health Rankings website on what they're all about and exactly how they came about the rankings for each county of each state in the United States.

About The Project:The County Health Rankings show us that where we live matters to our health. The health of a community depends on many different factors – ranging from individual health behaviors, education and jobs, to quality of health care, to the environment. This first-of-its-kind collection of 50 reports – one per state – helps community leaders see that where we live, learn, work, and play influences how healthy we are and how long we live. The Robert Wood Johnson Foundation is collaborating with the University of Wisconsin Population Health Institute to develop these Rankings for each state’s counties. This model has been used to rank the health of counties in Wisconsin for the past six years.

The Project Background
The Data Collection Process
The Ranking Methods

According to the project, the top five healthiest counties in North Carolina are Wake, Orange, Union, Chatham and Mecklenburg.

Friday Feed #71: Football Edition

The Pittsburgh Steelers and the Green Bay Packers are squaring off this weekend in the Super Bowl down in Dallas, Texas. To celebrate, we have a theme to our Friday Feed this week. Yes, Football. So get out the chips and the dip, order the supreme pizza and get ready to kick back Sunday.

Referee Signals
To have fun watching the big game, you don't have to be a hardcore football fan. Very few people know what all the signals mean that come from the refs. Well, thanks to this link, you know now.

Ditka Sweater Vest
I've been looking for one of these for years!

The Basics of the 3-4 Defense
Impress your friends with a break down of the finer points of the 3-4 defense during the game Sunday.

Famous Quotes by Vince Lombardi
The wisdom of one of the greatest coaches to ever grace the sideline.

Pro Football Reference
If you're together with a big group on Sunday, there is no doubt there will be some arguments about past seasons and the greatest players. Keep this link handy to prove your side of an argument. Pro Football Reference knows all!

The Super Bowl: A Photographic Journey
Shots from every Super Bowl played.

The North Carolina Community: Garner, North Carolina Veterans' Memorial

We came across this initiative by the Garner Veterans’ Memorial Committee as we were reading the online version of the News & Observer yesterday. The online article, which can viewed here, is about how Miss Garner, Zellie Brown and Garner's Outstanding Teen, Lauren Hitchings are seeking sponsors for a golf tournament to raise money for the building of the Garner Veterans' Memorial, which has been in the works since 2006 when the Garner Veterans Memorial Committee was established.


From the Garner Veterans' Memorial Committee website:
The Garner Veterans’ Memorial Committee was established in 2006 to plan a site that would memorialize Garner Veterans. The Committee is working toward an outstanding memorial that people will remember and relate to Garner. A site selection committee was appointed and after review of all potential locations recommended Lake Benson.

Notice in the above text that the Committee is working towards an "outstanding" memorial. This drive to construct a memorial that is unique and truly honors those from the area who served their country was backed up by a quote in the News & Observer article by Garner Mayor Ronnie Williams:

"This monument will provide a sense of community and show the world how much we appreciate and would like to honor our veterans. We will not settle for a token memorial."

Just overall a great community initiative by the people of Garner and we will keep up with the progress of the Memorial on our blog. We have provided links below where you can learn more about the plans and possibly get involved.

Links:
Soldiers Being Honored by the Memorial
The Memorial Design 
Sign Up for the Memorial Newsletter

* American flag photo courtesy of *Micky via Flickr Creative Commons.