We would like to encourage people to think through all of the consequences prior to embarking on an adventure. There are definitely some risks worth taking. Just be sure the risk you choose will not put someone else in danger.

Biking

Minnesota was just cited as the number one bicycling city in the nation. There are many great roads and trails to ride and explore.

Ride smart. Wear a helmet. Remember that bikes follow the same laws as motor vehicles. Ride defensively, too.

If you do get into a bike accident, call the police and insist the officer file an accident report. It is important to protect your rights.

• Do not discuss the bike accident with the driver or insurance company without talking to a personal injury attorney first.
• Get the name, address, phone number, and license number of the driver. Also, get pertinent insurance information.
• Get names and phone numbers of eyewitnesses.
• Take pictures at the scene, including the vehicle and the bicycle.
• Be checked by a doctor.

Minnesota Bike Accident Lawyer

If you are in a bike accident, call TSR Injury Law, at 612-362-0000. We will inform you of your legal rights, handle all of the paperwork, and file your claim. Call today. The consultation is free. The information will be invaluable. If you prefer, you may submit our free consultation form to the right.

Hyperbaric chamber treatments have been used for many years to treat:

• the bends (decompression sickness)
• carbon monoxide poisoning
• gangrene
• thermal burns
• bone infections
• skin grafts
• tissue infections
• wounds that will not heal due to poor circulation

According to the advocate.com, “Dr. Paul Harch, a clinical associate professor with the LSU Interim Public Hospital in New Orleans, presented the cases of 15 military veterans [Iraq] during a meeting of the Eighth World Congress of the International Brain Injury Association in Washington, D.C. The cases all involved veterans who were helped by the treatments. The study shows a 15-point increase in IQ in little more than a month, great reduction in depression, four times the expected improvements in . . . headaches and sleep disturbances, and great improvements in post-traumatic stress disorder.”

The cost of hyberbaric chamber treatments vary greatly according to the facility, as does the number of recommended treatments for optimal cell regeneration. The treatments have been shown to be effective even 2-3 years after the traumatic brain injury.

This information is provided as a service from TSR Injury Lawyers, a leading personal injury law firm serving Minneapolis, St. Paul, Bloomington, and the entire state of Minnesota. Our personal injury attorneys have years of experience negotiating and litigating traumatic brain injury cases, including a recent settlement for $600,000. If you would like to speak to a Minnesota Personal Injury Attorney call 612-362-0000 or submit a comment.

Guy’s core philosophy that every client is somebody’s mother or father, son or daughter, distinguishes him from many other personal injury lawyers who lose sight of the personal loss suffered by clients. Every personal injury case involves a person, and Guy truly understands that to his clients – his or her case is the only one that matters. Guy’s experience includes auto accident claims, dog bites, wrongful death claims, premise liability claims, and other catastrophic injury claims.

Born and raised in a small Minnesota town, Guy went on to receive his undergraduate degree from Gustavus Adolphus College in 2001. Shorty thereafter, Guy was fortunate to spend time teaching the English language in Prague, embracing the unique and proud culture of Czech Republic. After returning to Minnesota, Guy began working as a law clerk at a well known personal injury law firm. Guy then attended Hamline University School of Law where he received his Juris Doctorate.

Guy and his wife raise their two kids in Saint Paul. When finding time away from the office, Guy enjoys spending time with his family, hiking, listening to new music, and planning trips for his ongoing quest to reach the highest point in every American state (7 down, 43 to go).

They claim that in certain areas (cities, counties, or judicial districts) the entire justice system for civil cases is a Hellhole® and biased against the defendants because of the rulings of one or two judges they deem “stray from the law.” Do they even consider how many law-abiding, upstanding, compassionate, dedicated legal professionals they are lumping together and labeling as being less than ethical?

After their initial list of six Hellholes®, there is a list of five areas of the United States to watch — they may descend into hell next year. If that is not enough, they add a list of three dishonorable mentions for what they term “stand-alone abusive practices, unsound court decisions, or legislative actions that create unfairness in the civil justice system.” They call it unfair only because they are on the other side of the courtroom.

Minnesota has been listed in the dishonorable mention because of their borrowing statute. In 2004, the Minnesota legislature enacted a new borrowing statute. The new statute essentially mirrors the previous statute in Minnesota, stating that when a non-resident plaintiff brings a claim in Minnesota, but that claim is based on another state’s laws, the statute of limitations from that state applies. The Minnesota legislature explained that this borrowing statute applies only to claims emanating from incidents that occurred on or after August 1, 2004.

In Fleeger v. Wyeth, the Minnesota Supreme Court simply followed the law. Since the legislature stated that the new law only effected cases occurring after 2004, the old law applied to other cases.

“For ATRF to suggest we are a hellhole simply because we have judges that follow the law rather than cater to special interests reveals a great deal about ATRF. Simply put, they care only about their personal interest not being responsible for their own actions. ATRF is the embodiment of greed.” stated attorney Chuck Slane of TSR Injury Law, a Minnesota personal injury law firm that represents victims and their families. “The Courts of Minnesota have once again risen above the quagmire of political bickering and decided the case upon the law. We can all be proud to live in Minnesota. “

This information is provided as a service of TSR Injury Law, a personal injury law firm that serves the Twin Cities and the state of Minnesota. For help or more information call 612-362-0000.

• defensive medicine
• frivolous lawsuits
• high malpractice insurance premiums driving doctors out of business

The Truth of the Matter:

Defensive Medicine Does Not Increase Health Care Costs

A 2004 report from the Congressional Budget Office (CBO), reviewed studies claiming tort reform reduced health care costs. The CBO proceeded to conduct their own analysis, finding no evidence that restrictions on tort liability reduced medical spending. Their analysis also found no difference in health care spending per capita between states with or without limits on malpractice awards. Another study concluded that there was not a significant reduction in payments for Medicare-covered services in states that adopted tort reform.

Frivolous Lawsuits Are Not Responsible for Increased Costs

A 2006 study by researchers from the Harvard School of Public Health and Brigham and Women’s Hospital debunks the view that frivolous litigation is widespread and expensive. The authors reviewed 1,452 closed claims from five malpractice insurance companies across the U.S. Their findings appeared in the May 11, 2006 issue of The New England Journal of Medicine.

• The reviewers found that nearly all the claims involved a treatment-related injury.
• More than 90% involved a physical injury, which was usually severe (80% resulted in significant or major disability, 26% resulted in death).
• The reviewers deemed that 63% of the injuries were due to error.
• Out of the remaining 37%, though they lacked evidence of error some were close calls.
• Nearly three-fourths of the claims (72%) that did not involve error did not receive compensation.
• Among claims that involved medical error, 73% received compensation.

“Overall, the malpractice system appears to be getting it right about three quarters of the time,” said lead author David Studdert. According to the CBO, the frequency of malpractice suits per capita, nationally, were static at approximately 15 claims per 100 physicians per year for a 10 year period, from mid-1990s through the mid-2000s. A similar report from the National Center for State Courts, shows that the number of cases actually decreased by 8% between 1996 – 2006. This does not support the claim of rampant increase in “frivolous lawsuits”.

Doctors Are Not Leaving Practice Because of Insurance Premiums

According to data compiled by the AMA, the number of practicing physicians has been rising steadily for decades in the U.S. Furthermore, the number of physicians increased faster than the population growth in 46 states. In the remaining four states where the number of physicians increased slower than the population growth, these states have medical malpractice caps.

In closing, statistics DO NOT support tort reform. Tort reformers fail to see that medical malpractice reform will not saves lives. It is up to the insurers, doctors, and the medical industry to find ways to improve patient safety through more stringent protocols and accountability.

This information is provided as a service of TSR Injury Law, a leading personal injury law firm serving Minneapolis, St. Paul, and the state of Minnesota. Our partners have decades of experience handling complex medical cases, including traumatic brain injuries, spinal injuries, and medical malpractice cases. Call 612-362-0000 to schedule a free consultation or submit our contact form.

Minneapolis tops our list of America’s safest cities, and not just for its crime rate. In ranking the cities on our list, we looked at workplace fatalities, traffic-related deaths and natural disaster risk; the City of Lakes ranked in the top 10 of all four categories. It’s also one of America’s best places to live cheaply and offers easy access to some of the most scenic drives in the country. Forbes.com

Minneapolis has experienced a reduction in violent crimes in each of the last three years. Violent crimes are the lowest they have been in nearly 10 years. City officials credit proactive policing targeting the most violent criminals, reducing youth violence, and cracking down on drunk driving as being the reasons for the shift in statistics.

Additional perks to living in Minneapolis include a great bicycle path system and a thriving high-tech community. TSR Injury Law works to ensure that Minneapolis and the state of Minnesota stays safe and that the rights of the people are protected.

This information is provided as a service of TSR Injury Law, a personal injury law firm serving Minneapolis, Bloomington, and the state of Minnesota. Our partners are skilled, persuasive litigators with decades of experience. TSR Injury Law supports the mission of MADD Minnesota and has been a financial supporter for many years. Call 612-362-0000 or submit our free consultation form.

Stella Liebeck was found 20% negligent, reducing the compensatory damages to $160,000. Then the trial judge reduced the punitive damages to $480,000. She did not receive that amount. An undisclosed post-verdict settlement was reached.

This case is cited as a reason for the need for tort reform laws. In actuality, it is an example of how the system works effectively. The media tends to focus on a few random cases, presenting a false perception that the system is overflowing with frivolous lawsuits. Often these random verdicts have either been thrown out or substantially reduced by trial judges or appellate courts, which is exactly how the system was designed to work.

The following is quoted from an article by S. Reed Morgan, plaintiff’s attorney, explaining and defending the McDonald’s lawsuit verdict.

I am the trial lawyer who tried Stella Liebeck’s case.

There has been a great amount of uproar from those persons displeased at the size of the verdict, who have heralded this verdict as an example of a runaway jury and individuals who will not accept responsibility for their own actions.

This cannot be true since McDonald’s witnesses admitted that nobody knows or expects that spilled coffee will cause the severe type of burns that McDonald’s coffee causes as a result of its being sold at a temperature of 180 to 190 degrees.

Stella Liebeck; at age 79, purchased a cup of McDonald’s coffee while she was a passenger in her grandson’s automobile. Her grandson pulled to the curb and stopped the car, and Mrs. Liebeck attempted to hold the cup securely between her knees while she removed the plastic lid.

It was at this time that it tipped over, causing third-degree burns.

The jury is the voice of the community. It awarded $200,000 to her for compensatory damages, reduced by $20,000 for her negligence, and $2.7 million in punishment for punitive damages.

The Court of Appeals can set it aside if it’s wrong.

It cost more than $50,000 to prosecute this case in costs alone, not including legal fees. If the jury had not stopped them, who would do it? How long would this have gone on?

Further, the system has numerous safeguards to overturn any verdict, including this one, if it is, in fact, excessive, not the least of which is an appeal.

To set the record straight, the following information was presented to an impartial jury of six men and six women for six days, which resulted in a finding that the product is unreasonably dangerous, and it is sold in breach of the implied warranty of fitness imposed by the Uniform Commercial Code. It is not fit for consumption.

Obviously, the jury found that McDonald’s coffee has caused enough human misery and suffering, and no one should be made to suffer for being exposed to the sale of excessively hot coffee at McDonald’s and other establishments.

You will be shocked and amazed to learn what was proved at trial:

• McDonald’s Corporation sells its coffee at 180°-190°F by corporate specifications.
• McDonald’s coffee, if spilled, causes full thickness burns (third-degree to the muscle/fatty tissue layer) in 2-7 seconds.
• Third-degree burns do not heal without skin grafting, debridement, and whirlpool treatments that cost tens of thousands of dollars and results in permanent disfigurement, extreme pain, and disability to the victims for many months, and in some cases, years.
• McDonald’s Corporation has known about this unacceptable risk for more than 10 years and it was brought to their attention through other suits (more than 700 reported claims from 1982-1992), repeatedly, to no avail. McDonald’s produced a witness who said this number of burned people was statistically “trivial”.
• Witnesses for McDonald’s admitted in court that the consumers are unaware of this risk of serious burns and that McDonald’s Corporation is and has been aware of this risk.
• McDonald’s Corporation testified through its witnesses, that it did not intend to turn down the heat.
• McDonald’s admitted that it did not warn of the nature and extent of this risk of harm and could offer no explanation as to why it did not.
• McDonald’s Corporation admitted its coffee is “not fit for consumption” when sold because it will cause severe scalds if spilled or drunk.
• McDonald’s Corporation has burned more than 700 people over the past 10 years, many with severe burns to the genital area, perineum, inner thighs, and buttocks.
• Mrs. Liebeck’s treating physician testified this was one of the worst scald burns he had ever seen and that this risk of harm was unacceptable.
• The chairman of the Department of Mechanical Engineering and BioMechanical Engineering at the University of Texas testified this risk of harm is unacceptable, as did the most widely publicized burn doctor in the United States, who is the editor-in-chief of the Burn and Rehabilitation Journal, the most widely recognized burn journal in the world.
• McDonald’s Corporation generates revenues in excess of $1.3 million daily from the sale of the coffee, selling 1 billion cups of coffee each year.
• McDonald’s Corporation has burned not only men and women but children and infants with their scalding hot coffee, in some instances due to inadvertent spillage by their own employees.
• At least one individual had scalding hot coffee dropped in her lap through the service window, resulting in third-degree burns to her inner thighs and other sensitive areas of the body, resulting in disability for years.

I have recently been contacted by the heirs of a lady that went into diabetic shock and died as the result of being burned at McDonald’s.

In short, the consumer may be guilty of one second of momentary inadvertence or a mistake resulting in horrible, excruciatingly painful, disfiguring, expensive and life-threatening injuries.

Compare the behavior of McDonald’s, a family restaurant that caters to children, which was unequivocally shown to have known of and ignored this risk for more than 10 years, whose quality-control manager testified that he knows the consumer is unaware of the risk and knows the consumer does not anticipate that it will cause these very serious burns.

The consumer does not know that coffee this hot causes these injuries. Nor do they know it’s served this hot.

We had to teach McDonald’s that for every degree above 140 degrees Fahrenheit, our skin burns twice as fast. At 180 degrees Fahrenheit, there is no escape from these types of burns. The product is, by definition, defective or unreasonably dangerous. This is the applicable law. They broke the law.

Why had they not studied this risk? They have laboratories and a university devoted to the study of selling food and drinks. They had a legal duty to sell safe products, not products with a hidden risk.

McDonald’s testified through management that it had no intention of lowering the temperature:

“No, there is no current plan to change the procedure that we’re
using in that regard right now.”

This is callous indifference to the welfare of its consumers.

The jury applied the law of punitive damages to deter McDonald’s and other similarly situated corporations from exposing consumers to this risk by imposing a penalty of two days worth of coffee sales, or $2.7 million, for willfully ignoring the safety of children, women and men that feed the McDonald’s money tree.

So, the issue is why should we tolerate this kind of irresponsibility?

Is this an individual who didn’t take responsibility, or a corporation that didn’t take responsibility? The jury found 20 percent against Mrs. Liebeck and 80 percent against McDonald’s.

The risk of serious burns above 130 degrees has been well documented by the Shriners Burn Center which has published warnings to the franchise food industry that it is unnecessarily causing serious scald burns.

McDonald’s admitted it never, in all these years, consulted a single burn doctor or thermo-dynamics. Our firm did, and presented this to the jury in Albuquerque, which in turn did what is necessary to remedy the problem.

Interestingly the news media, the day after the verdict, documented that coffee at McDonald’s in Albuquerque is now sold at 158 degrees. Mission accomplished.

This will cause third-degree burns in about 60 seconds, rather than in two to seven seconds. The margin of safety has been increased as a direct consequence of this verdict.

This information is provided by TSR Injury Law. Our attorneys have beeny named Minnesota Super Lawyers many times by their peers. Chuck Slane was voted one of the 2009 Minnesota Top 40 Personal Injury Lawyers and Rich Ruohonen was singled out to receive the Minnesota Association for Justice 2008-09 Excellence Award. Call 612-362-0000 or submit our contact form.