In Southwest Michigan, this has happened several times, including earlier in the summer to a couple who suffered first, second, to possibly third degree burns and it again happened this week in Jenison, Michigan near Grand Rapids.

The Consumer Product Safety Commission has received a notice of injury from the Kalamazoo area incident and is also aware of the more recent incident.  These products are dangerous–most consumers do not know about the dangers associated with the use of these products and that the lit “flame” is hard to see and thought to be extinguished when they attempt to reuse the gel.  Or the flame is out but still “hot,” which can serve as an ignition source.

Below are the types of products that have been involved in these types of incidents:

Previously, Halpert Weston & Sawusch, P.C. handled a number of burn cases involving the use of methanol during science experiments at school. During our re-creation with firefighters, we reproduced what happened by pouring methanol into petri dishes that had previously been lit and burned out, which produced a flamethrower effect, as shown below:

(Demonstrative photograph with mannequin from re-creation demonstration)

These fire gel products are sold at many stores, and on the Internet, and most consumers have no idea of nor appreciation for the potential flame spread or explosion from these products.  If you have been injured from these types of products, it is critically important to preserve the scene and evidence or have family members know about the need to do so.  It is important to have an attorney and  investigator trained in cause and origin and who has knowledge about flammability hazards, so that the facts can be determined and evidence preserved.

Carol Freed, apparently owned the plane and her husband may have been rescued.

(Photograph of a Cessna 206)

The 1971 Cessna 206 is a fixed wing single engine with seating capacity for 6 people.  Its weight can be up to 12,4999 pounds and it can reach speeds of 132 mph.  Reciprocating N-Number is 82531; Serial Number of U-206-01734.  It was registered to Freed Construction, P.O. Box 92, Alma, MI 48801.

Medical flights have been the source of investigation and concern lately, with many medical flights crashing in recent years.

An investigation by the National Transportation Safety Board and local authorities will begin.   http://www.ntsb.gov.

It appears initially that the weather was not a factor and that the focus will inevitably be on pilot error, mechanical failure, or a combination of such airworthiness factors.

In Michigan, there are statutory laws that apply, among other laws, regarding legal responsibility for plane crashes:

259.180a Liability for injury occasioned by negligent operation of aircraft.

Sec. 180a.

(1) Except as otherwise provided in subsection (2), the owner or operator or the person or organization responsible for the maintenance or use of an aircraft shall be liable for any injury occasioned by the negligent operation of the aircraft, whether the negligence consists of a violation of statute, or in the failure to observe ordinary care in the operation of the aircraft, as the rules of the common law require.

(2) The owner of an aircraft shall not be liable for an injury occasioned by the negligent operation of the aircraft, as described in subsection (1), unless the aircraft was being operated with the owner’s express or implied consent or knowledge at the time the injury occurred.

(3) “Person or organization responsible for the maintenance or use of an aircraft” does not include a mechanic who is an independent contractor and who has performed work on or furnished materials, supplies, or equipment for an aircraft, or any employee of the mechanic.

Attorneys and lawyers familiar with complex litigation can be of significant assistance in helping individuals and families who are injured or killed in airplane crash cases. Of particular significance is the preservation of evidence and investigation of witnesses so as to preserve critical evidence and have expert analysis of potential causes.  http://www.leadersinlaw.com/2009/09/why-you-not-just-should-but-need-to-contact-an-attorney-after-an-accident/

These types of cases can involve many types of legal issues that require lawyers to evaluate anything and everything potentially involved with the airplane, the pilots, and the crash. This would include maintenance work done or not done on the plane to potential product liability claims against the manufacturer of the plane or a component part.

For example, one major issue that may arise with a claim against the plane manufacturer is called “GARA.” The General Aviation Revitalization Act of 1994 (GARA) immunized General Aviation aircraft manufacturers against lawsuits for defects in products older than 18 years. It is a very protective law for manufacturers and thus forces more scrutiny on  owners of the aircraft, maintenance businesses and pilots after bad crashes where there is a mechanical malfunction. Moreover, manufacturers may not have the immunity they expected because some courts have interpreted GARA as not completely providing protection from suit.

For example, in Caldwell v. Edstrom Helicopter Corporation, the Ninth Circuit Court of Appeals ruled that an aircraft’s flight manual is a part of the aircraft. Any post-sale revisions or deletions to an aircraft manual may restart the 18-year liability exposure clock each time they are made. In June 2003, a California State Court of Appeals held that a manufacturer could be responsible for willfully misrepresenting the safety of its helicopter by failing to notify the FAA of five military accidents involving the same part as the civilian version of that helicopter.

GARA is thus not an automatic bar against a lawsuit of a plane manufacturer. Furthermore, a lawyer investigating and pursuing these types of claims have to explain to the family the complex interplay among various laws, ranging from state and federal law issues, choice of law issues, wrongful death laws and who can bring claims and for what damages, to beginning the stressful probate law process.

Typically, there are so many needs of the family and complicated legal issues that multiple meetings are necessary and recommended so that the inherent stress and emotion of the situation can be managed. The best legal teams investigating these types of cases do not charge any fee for meetings to explain what needs to be done and why. And the best legal teams recommend that the family meet with as many lawyers as they see fit to make sure that they know they are getting the best , that they are getting lawyers and people in whom they have trust and confidence. If that level of trust is absent, if the family does not know that they will get the questions answered and phone calls returned, then they should seek other counsel. There are many good attorneys who handle major cases successfully and skillfully; and there are many good attorneys who may not be the best fit for a particular client to meet the particular needs of that client.

Having seen the emotional trauma that results from these types of accidents and other similar tragedies, our thoughts will be with these families.

Halpert Weston & Sawusch, P.C. has been involved in major airplane crash cases, including involvement with the Northwest Flight 255 multidistrict litigation  (working with the presiding Chief Judge on the case), the runway incursion crash of a Northwest jet in Detroit, and the medical survival flight that crashed into Lake Michigan on a donor flight between Milwaukee and the University of Michigan. All six people on board that Cessna 550 Citation were killed. Similarly, the law firm of Halpert Weston & Sawusch, P.C. has handled major litigation, from injury to wrongful death lawsuits, for families throughout Michigan and other states.

Families whose loved ones are the victims of a tragic crash can obtain information not only from the National Transportation Safety Board but also from experienced attorneys who can help them investigate and pursue legal claims as a result of these types of crashes. See http://www.ntsb.gov/.  It is important for families and loved ones to be fully informed about preserving any such claims and meeting with and evaluating attorneys before any decision is made about which law firm to hire.

The focus of any lawyer and law firm who is asked to consult with a client involved in these types of tragedies is helping the family navigate what needs to be done and why so that the family members can focus on their immediate needs.

See “The Nicest Tough Firm Around.” http://leadersinlaw.com/wp-content/uploads/2009/07/ABA-Journal.PDF

Too many cases of mild traumatic brain injury are not initially diagnosed.  The reasons are many and diverse, including but not limited to: 

• The patient presents in the emergency room with trauma that requires immediate orthopedic, medical-surgical or burn treatment to stabilize or save the life of the patient. 
• Pharmacological intervention with narcotics which mask the neuro-cognitive impairments during acute care, and sometimes for weeks or even months after injury.
• Periods of hospital and home convalescence following injury, during which cognitive and functional demands are limited.
• Incomplete testing of persons who display no obvious injury to the head. 
• Failure to seek treatment immediately after injury or during the weeks that follow, during which symptoms of cognitive impairments manifest and become problematic.
• Inability of diagnostic equipment typically utilized in emergency departments (CT, MRI, EEG) to detect the presence of mild brain damage. 
• Misunderstandings among even some medical providers that brain damage can exist even where there has been no impact or direct trauma to the head. 
• Timing of arrival of paramedics to the scene of an accident or timing following an accident in seeking initial medical care.  If the joint medical assessment (paramedic or emergency room physician) is delayed, initial assessments and Glasgow Coma Score determination may be different than immediately after the injury. 
• There are many, many factors that affect whether a Traumatic Brain Injury is initially diagnosed.

Any or some combination of these factors can result in an undiagnosed and therefore, untreated, mild traumatic brain injury.  This is the silent epidemic-the large numbers of people who are left to suffer impaired abilities to succeed at work, or to work at all, and engage in social and family relationships at the levels they did before they were injured.  Widely accepted symptoms of mild traumatic brain injury, even if only noticed weeks after initial injury include:

• Impaired attention/concentration
• Impaired memory
• Slowed information processing                 
• Difficulty in word finding
• Impaired executive function-planning, thinking   
• Headache
• Easily fatigued                           
• Slurred Speech
• Problems with vision                         
• Easily frustrated
• Emotional swings (anger/sadness/euphoric)      
• Sleep Disturbance
• Fine motor impairments                   
• Tinnitus
• Anxiety                                 
• Depressed mood

All brain injuries are serious.  Traumatic brain injury survivors suffer emotional and psychological issues and loss of self-esteem and self worth.  Often, it is a downward spiral in which dysfunctional coping responses lead to more dysfunction, alienation from co-workers, friends and family, and depression.  They and their family are lost and bewildered.  The lack of diagnosis and treatment for the mild traumatic brain injury leave them rudderless and without hope.  This downward spiral can result in serious depression, loss of relationships and loss of self.  The longer it is unaddressed and untreated, the more difficult it becomes to treat.  Layers of psycho-emotional dysfunction are laid on, and can result in a destroyed life.

There is help.  There is hope.  The first step is to recognize that help is needed.

If the injury was caused by the fault of another person-whether an auto accident, boating accident, explosion, burn injury with anoxia or inhalation injury, or injury at work, it is important to locate and retain legal help with an attorney who understands the dynamics of mild traumatic brain damage and is experienced and well studied in how to successfully prove the existence and impact of this “silent” but devastating injury.  In choosing an attorney, it is important to consider whether the attorney will support, and be a part of, the treatment team.  The attorney then must understand not only the goals of the treatment modalities (psychological, neuropsychological, psychiatry, occupational therapy, neurological, social work, etc) but must support and facilitate the client’s compliance with and consistent participation in, the treatment regimes and plan. 

An invaluable resource is the family physician.  Our experience has seen these dedicated and caring physicians serve as the gateway to verification of diagnosis and treatment weeks and months after injury onset.  The family physician can initiate referrals to neuropsychological testing, psychiatry, and/or neurological care.  Where necessary, the attorney can assist in facilitating referrals for help if the traumatic brain injury survivor is without a family physician or primary health care provider.

Even where weeks or months have elapsed since the initial injury, it is not too late to seek help.  The good news is that there is hope and help available.  The recovery process can be long and the extent of recovery will vary case by case.  But, it is a road that must be traveled.  There are many caring and dedicated people who understand the struggles endured by the traumatic brain injury survivor and his/her family.  The enemy of the traumatic brain injury survivor is inaction.  Frequently, it is the family, friend or co-worker who must provide the initial energy to intervene and take the first step to seek help.  Most often, it is a step that can save quality of a life.