The Legal Blog of Iowa Injury Attorneys Brady & O'Shea

Smart Phones Aren't So Smart if They Cause Cedar Rapids Car Crashes

Wed, 18 Jan 2012 08:00:00 EST

With the ever increasing popularity of smart phones, drivers are becoming more distracted on the roads – no matter what the laws are. According to the National Highway Traffic Safety Administration (NHTSA), about 13.5 million drivers use cell phones at any given moment during the day. NHTSA also reports that approximately 3,092 deaths were caused by distracted drivers using cell phones last year. And Iowa is no exception. There are many Cedar Rapids auto accidents caused by distracted drivers on their cell phones.
This statistical information, along with the events of a chain-reaction accident in 2010, led the National Transportation Safety Board (NTSB) to call for a nationwide ban on cell phone use while driving. On Tuesday, December 13, 2011, the NTSB asked for all states to ban drivers from using cell phones and other portable electronic devices – hands-free and hand-held. Of course, drivers would be allowed to use them in case of emergencies.
This recommendation came after a driver involved in last year’s Missouri pileup crash sent and received 11 text messages within minutes of the collision. His car rear-ended a tractor trailer at 55 mph and caused two school buses to wreck. In total, two people died and 38 were injured in this crash.
Although the NTSB cannot make their recommendation binding, they are strongly urging lawmakers to put this nationwide cell phone ban into law.
Many drivers and occupants in Iowa have been injured by distracted drivers. If you were hurt in an Eastern Iowa car accident, you may have rights to pursue a personal injury lawsuit. Call a knowledgeable Cedar Rapids accident attorney today at the Law Offices of Brady & O’Shea. You’ll receive a free legal consultation just by calling (319) 866-9277.

Minimize Brain Injuries in Iowa by Keeping Iowa Kids Safe this Holiday Season

Fri, 06 Jan 2012 08:00:00 EST

Christmastime is when most toys are bought, and often because most children have been begging mommy and daddy for months for a specific toy. Although most toys are safe due to the higher standards of toy makers and stronger federal rules, some toys still have been known to hurt children.
Sometimes when children get new toys, they pass their older toys to another family in need. These can include toys with lead-based paint. The dangers of toys painted with lead paint are serious and can cause catastrophic results. When kids are exposed to lead, it can result in lead poisoning in Iowa, causing injuries such as a traumatic brain injury. It can also damage a child’s kidneys and nervous system.
It is critical to avoid purchasing toys painted with lead paint to minimize brain injuries in Iowa children.
So what can you do after the holidays to ensure that your child is safe?
Now that the holidays have passed, it is wise to inspect the toys your children received to make sure nothing was painted with lead or recalled. It is also critical to inspect the toys you will be giving away to other families or donating to charity. If toys are showing signs of wear, cracked paint or peeling surfaces, then do not keep them in circulation. It is better to destroy those toys than pass them around to other children. This way you may be able to save a child from lead poisoning and traumatic brain injuries in Iowa.
If your child has suffered a brain injury as a result of lead poisoning in Iowa, you may have rights to compensation. Find out how to protect your child’s interests by talking with a caring and experienced Eastern Iowa catastrophic injury lawyer. You can call the Law Offices of Brady & O’Shea for a free legal consultation with one of our skilled Cedar Rapids lead poisoning lawyers today at (319) 866-9277.

Safe Winter Driving Near Large Trucks Can Prevent an Iowa Truck Accident

Wed, 28 Dec 2011 08:00:00 EST

Although not every day in winter is treacherous for driving, there are days when freezing rains coat Iowa roads with ice and blowing snow can obscure the vision of drivers on the road. When this happens, car and truck accidents in Eastern Iowa may occur due to these unavoidable risks.
Because you will most likely have to travel next to a tractor-trailer at some point during the winter months, you should know how to drive next to a truck in order to reduce your chances of being involved in a Cedar Rapids truck accident this winter.
AAA recommends the following tips for safe winter driving, including:

Be cautious and drive more slowly in adverse weather.
Do not drive when you are tired.
Avoid using cruise control when driving on ice and slippery surfaces.
Buckle up every time you drive.
Always make sure your tires are inflated properly and in good condition.
Be aware of weather conditions before traveling for long road trips.
Clean snow off of windshields in order to see clearly.
Accelerate slowly in the snow to avoid skidding out.
Remember it takes longer to stop in icy conditions.
Increase following distances.
Use your headlights.
Stay home if you don’t have to drive in the snow.

Everything you do – stopping, turning, accelerating – takes longer in snowy conditions. Remember to slow down and give yourself time to get to where you are going. If you find yourself behind a tractor-trailer, stay safely behind it until it is safe to pass. Remember that a trucker driver has a limited field of vision.
If you do everything right and still get injured in a tractor-trailer accident in Iowa, you should call a skilled Cedar Rapids truck accident attorney to learn about your rights. You can reach the Law Offices of Brady & O’Shea at (319) 866-9277 for a free legal consultation.

Preparing for a Rainy Day to Prevent Iowa Car Accident Injuries

Fri, 02 Dec 2011 08:00:00 EST

Car accidents in Iowa and throughout this nation can cause serious, debilitating injuries or even death. Sadly, many crashes occur during winter months, as the weather is harsh, road conditions are dangerous, visibility is limited and vehicles aren't in good condition to operate during wet, winter weather.

Some of these factors are outside your control, but there are certain factors that you and every driver can control, including:

Checking your wiper blades is critical to being able to efficiently see out of your windshield. This is an inexpensive way to prepare your vehicle for rainy days on the road and may prevent a crash.
By checking your tire tread and tire pressure, you will know if it is time to replace your tires or if you have enough tread to keep traction on the road during a rainstorm.
Additionally, checking your vehicle's headlights, brake lights and taillights should be done frequently, as these are your vehicle's indicators. If these lights don't work, it will decrease your visibility and also cause other drivers not to see you, possibly resulting in an Eastern Iowa car accident.

When you prepare your vehicle in this way, you may minimize your chances of a Cedar Rapids car crash and injuries from occurring. When another driver doesn't see your vehicle on the road due to broken taillights or brake lights, he may rear-end your vehicle, causing:

Whiplash
Concussion
Head trauma
Traumatic brain injury
Herniated disc
Back and neck injuries
And more

If you have been injured in a Cedar Rapids auto accident due to someone else's fault, you may be entitled to financial compensation for your injuries, lost wages and more. Call a skilled Cedar Rapids personal injury lawyer at the Law Offices of Brady & O'Shea today for a free legal consultation at (319) 866-9277.

Has Fraud in Eastern Iowa Cost You More Than Your Identity?

Thu, 01 Dec 2011 08:00:00 EST

You may not be hearing as much as you once did about identity theft; however, just because it is not the front-page story that it once was, that doesn’t mean it’s not occurring. Identity theft in Iowa and throughout this nation is still taking place, which means you still need to protect yourself from financial fraud in Iowa.

According to the Consumer Sentinel Network, a database the Federal Trade Commission created to collect identity theft and fraud complaints from consumers, there have been over 6.1 million complaints since the database was created in 1997. In 2010 alone, 1.3 million complaints were filed, and most of them were regarding identity theft followed by debt collection complaints.

However, Javelin Strategy & Research shows that the number of victims of identity theft in 2010 was down from 2009, but the out-of-pocket costs for consumers nearly doubled. This fact begs some to ask what is making the costs rise if less people are victims of identity fraud.

Because more and more people are watching their credit reports more closely, making identity theft more difficult, there has been a shift to debit card fraud. Debit cards often don’t have the same protections that credit cards provide, so consumers’ out-of-pocket expenses are higher when they are victimized in this way.

Experts advise that you should review your monthly credit card and bank account statements, keep accurate records and make sure to review your credit report carefully in order to not become a victim of financial fraud in Eastern Iowa or anywhere in this nation.

If you were a victim of financial fraud in Iowa, you may have more rights than what your bank or credit card companies are telling you about. Call an experienced financial fraud attorney in Cedar Rapids at the Law Offices of Brady & O’Shea at (319) 866-9277 for a free legal consultation.

Why Don't More Truck Drivers Use Escape Ramps to Avoid Eastern Iowa Truck Crashes?

Thu, 17 Nov 2011 08:00:00 EST

There you are, driving along down a hill or mountain pass with a loaded 18-wheeler weighing 80,000 pounds when you notice that your speed is increasing. You apply the brakes, but notice that they are not working properly and that they are fading.

What you need is a runaway truck ramp, also called a truck escape ramp. There aren't many in Eastern Iowa like the one on US 18 west of Marquette. When truckers are coming down a steep hill, sometimes their trucks get away from them and their brakes fail. When this happens, it can cause an Eastern Iowa truck accident involving innocent motorists that appear to be sitting ducks.

This is why truckers need escape ramps when their brakes go out. However, sometimes truck drivers think they can make it to the bottom or steer their truck to safety, but it rarely happens. When a truck's brakes overheat or malfunction, even in areas with heavy traffic or on steep hills, a trucker needs to use the runaway truck ramp if there is one. They are typically located in areas where big rig accidents across this nation occur.

If you have been involved and injured in an Eastern Iowa truck crash due to a trucker's negligence or a truck's brake failure, then you may have legal rights to a financial recovery. Find out if you can pursue compensation for your medical bills, physical therapy, occupational therapy, lost income, and more.

Call a qualified Cedar Rapids truck accident attorney today at the Law Offices of Brady & O'Shea for a free legal consultation at (319) 866-9277.

When Mail Fraud Turns into Financial Fraud in Iowa

Thu, 03 Nov 2011 08:00:00 EST

So many different types of fraud occur each and every day around this nation. Sadly, fraudulent people are looking to deceive others in order to obtain another's money, identity, services or property. This often occurs through mail and wire fraud.

Mail fraud includes the use of the United States Postal Service or any other mail service to execute a fraudulent scheme. Wire fraud includes a telephone, internet, or other communication method used to carry out a scheme.

Mail and Phone Fraud in Iowa

People often receive letters in the mail from what they think is their credit card company or other financial institution. The instructions on these letters typically ask the consumer for their personal information and account numbers and to reply back through the mail or by dialing a phone number.

Consumers need to know that credit card companies and most financial institutions are not going to call, mail, or email their clients asking for their personal information or account numbers. This is most likely fraud at work. If you receive a letter or phone call that seems suspicious, you should:

Never give out your account information or personal information.
Report this letter or phone call to your credit card company or other financial institution.
Advise local law enforcement about the attempted fraudulent activity.
Report the fraudulent scheme to your local post office.

Schemes of this nature make you a victim of financial fraud in Iowa. If you have lost money due to mail and phone fraud, you should contact our skilled Cedar Rapids financial fraud lawyers at the Law Offices of Brady & O'Shea for legal help at (319) 866-9277, and receive a free, no-obligation consultation.

Could Aging Put Motorists at Risk for Cedar Rapids Car Accidents?

Wed, 02 Nov 2011 08:00:00 EST

The truth of the matter is that we all age. Our eyes deteriorate over time and our health fails us. Some senior citizens recognize this and willingly give up the keys to their cars, but other elderly drivers won't let go of their freedom and continue to drive even when they shouldn't.

Keeping this in mind, it shouldn't be a surprise to learn that drivers over 85 years old are involved in more fatal accidents in Iowa and throughout this nation than any other age group. This may be because many seniors have lose some of their hearing, their eyesight deteriorates, and their reflexes get slower over time.

When these things start occurring, seniors often have problems with the following:

Lane drifting
Difficulty turning
Difficulty focusing on fast moving cars
Trouble with stopping in time
Difficulty spotting a pedestrian
Issues with distance and seeing an approaching car

If a senior is at the wheel when their eyes are failing them, they may pull out in front of another car, cut off a pedestrian, drift into another lane, or they may not see that the light turned red. Any of these things could lead to a Cedar Rapids auto accident.

If you are a child of an aging parent that has glaucoma, cataracts, or trouble seeing at night, you need to have a talk with your parent before it is too late. However, not all car accidents in Eastern Iowa are the fault of senior drivers. If your parent or family member has been hurt in a crash, they may have rights.

Call a qualified Cedar Rapids personal injury lawyer today at the Law Offices of Brady & O'Shea and receive a free, no-obligation consultation at (319) 866-9277 to find out if you or your family is entitled to financial compensation for medical expenses, loss of services, loss of companion, lost wages and more.

Checking Your Tires Can Help Prevent an Eastern Iowa Crash

Thu, 06 Oct 2011 08:00:00 EST

Although we would like to think that all we have to do is make a car payment to drive our vehicles, more is required of us to drive our cars safely. Vehicle maintenance is critical to a car's longevity, and tire maintenance is vital to our safety and the safety of others sharing the road with us.

When a tire blows, it can cause a serious Cedar Rapids car accident. Sometimes the reason for blown tires is negligence, including:

Improperly inflated tires: when tires are not inflated with the correct tire pressure, it can lead to uneven wear and increased pressure on the tire, which may lead to a blowout.
Failure to maintain tires: tires should be rotated every 5,000 miles and should be checked periodically for tread depth. Tire tread should not be any lower than 1/16 of an inch.
Lack of tire inspection: checking for tread wear and sidewall damage is essential to our safety and should be done frequently.
Defective tires: a defect in the tire may be unnoticeable to a driver, but the tire manufacturer should be held liable for their manufacturing defect.
Incorrect tires: buying the wrong size tires for your car to save money is inexcusable, because it can lead to serious car accidents.
Poorly maintained spare tire: the spare tire is often forgotten about until it is needed. If the spare is not maintained properly, it could lead to a blowout and a Cedar Rapids car crash.

If another driver's tire blowout caused your Eastern Iowa car crash, you may be entitled to damages from the other driver or tire manufacturer. Call a skilled Cedar Rapids personal injury lawyer at the law offices of Brady & O'Shea today at (319) 866-9277 to schedule your free legal consultation today.

Risks Eastern Iowa Tow Truck Drivers Face on the Job

Sun, 02 Oct 2011 08:00:00 EST

A tow truck driver's work is on the road. When a tow truck driver goes to work, he drives all day and faces numerous risks from distracted drivers. When tow operators stop on the interstate to recover vehicles, they are often not given much room by motorists, including semi trucks. Although dangerous, these are the facts surrounding their jobs.

Using flashing lights and wearing the proper equipment gives tow truck operators a certain amount of safety, but it's up to the public to move over and slow down when approaching the site of a towing operation.

One specific Eastern Iowa truck crash that occurred recently that killed four people east of Grinnell involved two tow truck drivers. According to police, two tow truck drivers were recovering a broken down semi truck on Interstate 80, when a second tractor-trailer crashed into them.

A tow truck operator in Cedar Rapids told the Eastern Iowa News Now that many drivers do not give them enough space when they are rescuing broken down vehicles on the interstates. If motorists treated tow trucks as emergency vehicles and moved over, it would decrease their chances of being involved in Cedar Rapids crashes and improve safety for everyone on the road.

How a Cedar Rapids Accident Attorney Can Help You

If you were injured, or if you are the family member of a tow truck driver that was killed in an Eastern Iowa crash caused by another motorist, you may have rights. Find out more about your rights to recovery from a skilled Iowa personal injury lawyer at the law offices of Brady & O'Shea. Call (319) 866-9277 to schedule your free legal consultation today.

Scam Artists Use Cancer Research to Con Iowa Victims Out of Money

Wed, 07 Sep 2011 08:00:00 EST

Sadly, cancer has probably claimed the life of someone you know: a mother, father, grandparent, sibling, friend, spouse, or even your child. Cancer is a horrible disease that tugs at everyone's hearts, minds and emotions. Because scam artists know how awful cancer is and how much everyone would like to find a cure for it, they have used cancer research to con people out of their money through advance fee fraud in Iowa and throughout the U.S.

How does cancer research advance fee fraud work?

You may have been told that there is a revolutionary cancer research project that needs additional financing and there will be a 50% return on investors' money at the end of the project. You may want more than anything to help out. Who wouldn't want to see a breakthrough and find a cure for cancer?

Sadly, scam artists are playing with your emotions to entice you to think with your feelings and not with your head. They know that once they tell you a cancer story, or if you knew of someone who died of cancer, that you most likely will be emotionally invested and will not likely conduct any research on them or their fake company.

This cancer research advance fee fraud in Iowa and throughout this nation occurs more than we would like to think. Always do research on a person or company before investing any money with them or paying any type of advance fee. For a checklist of tips, please see our article Tips to Avoid Being a Victim of Iowa Advance Fee Fraud, and call a skilled Cedar Rapids financial fraud lawyer today at the law firm of Brady & O'Shea at (319) 866-9277 to schedule a free legal consultation.

Steps of a Ponzi Scheme Iowa Investors Should Be Aware Of

Fri, 02 Sep 2011 08:00:00 EST

In a recent article, we explained more about Ponzi schemes and how investors are promised high and abnormal returns or dividends for their investments. Although scam artists may show investors numbers, they are exaggerated earnings in order to trick investors out of their money.

Although Ponzi schemes are basic Iowa financial fraud schemes, they are powerful and entice investors out of their money. The people who run Ponzi schemes follow basic principles that include:

Convince Investors: A scam artist is first going to convince a few people to invest their money with him.

Establish Credibility: The person running this Ponzi scheme has to be credible. Investors do not want to leave their money with just anyone. It needs to be someone already in the financial and investment industry who has a good name and has years of experience.

Return Investments: For a period of time, investors will receive the promised rate of return or better so that investors will not be questioning the operations or leery about the person who has their money.

Convince More Investors: Because the early investors will receive their promised investment back, their success is used to entice more investors into the operation. This way other investors are hearing of the success and are more willing to put their money into it.

Break the Pattern: At some point, investors will stop getting returns and the scam artist will take off with the money. Consumers will be left as victims of investment fraud in Iowa.

For more information on Ponzi schemes, read our article How to Avoid Becoming a Victim of Financial and Investment Fraud in Iowa. If you have been a victim of investment fraud or financial fraud in Iowa, please contact an experienced Cedar Rapids financial fraud lawyer today at the law firm of Brady & O'Shea at (319) 866-9277 for a free legal consultation.

Iowa Playground Safety and Prevention Strategies

Sun, 21 Aug 2011 08:00:00 EST

Almost one-third of all playground fatalities and about 75% of playground-related injuries happen on public playgrounds, such as school playgrounds, city parks and community playgrounds, according to Safe Kids USA. And, about 40% of these incidents occur during May, June and September.

Because Iowa playground accidents and injuries occur often, parents of children should know prevention strategies in order to reduce their child's chances of being injured by playground equipment.

Some prevention strategies you should keep in mind include:

Separate Age-Appropriate Playgrounds: Look to see if there are separate age-appropriate playground areas for the different age groups of children. Educate your children on the different playground equipment that is and isn't acceptable for their age groups. Sadly, there are only 42% of playgrounds that have separate areas for children 2 to 5 and 5 to 12.
Adult Supervision: Inform your children that there always needs to be an adult on the playground watching them play. Increasing adult supervision on playgrounds can reduce the number of playground injuries in Iowa and throughout the nation.
Protective Surfaces: Look to see if there are wood chips, shredded rubber, sand or energy-absorbing materials under and around the playground equipment that will reduce injuries related to falls. If there are not the appropriate protective surfaces, do not allow your child to play on that playground equipment.

By doing these things, you will be able to reduce playground injury risks to your children. However, even if you have done everything you can to keep your kids safe your child may have still been injured in a Cedar Rapids playground accident.

If your son or daughter was injured by defective playground equipment or the lack of protective surfaces or supervision, please call the law offices of Brady & O'Shea at (319) 866-9277 to speak with a skilled Iowa product liability lawyer in a free legal consultation today.

Know the Laws that Protect Iowa Consumers from Defective Products

Tue, 16 Aug 2011 08:00:00 EST

Defective products seriously injure thousands of people every year and even claim the lives of some. If you have been injured by a defective product or if you purchased a product that did not perform as promised, you have rights.

Many consumers do not know their rights or the laws that protect them. It is extremely important that you understand your rights as a consumer and that there are implied warranties, product liability laws, lemon laws, contract and warranty laws, safety rules, and a number of other laws in place to help protect you from bad products and companies.

Do not believe the myth that you have little or no recourse when you are defrauded by a company. You do have rights, and you should pursue an Iowa consumer fraud claim for your damages and losses.

When you are injured by a defective consumer product, you may be able to collect financial compensation for your injuries, medical bills, pain and suffering, lost wages and more from one of the following liable parties:

Manufacturers
Designers
Parts maker or engineers
Reseller
And more

The U.S. Consumer Product Safety Commission and the Federal Trade Commission address consumer fraud complaints and support laws protecting consumers from bad companies and products. However, these federal agencies will not pursue a consumer fraud case on your behalf. In order to seek a recovery for your damages due to fraud, you will need to talk with an Iowa consumer fraud attorney who will protect your interests and fight for your recovery.

For more information about your rights, please contact an experienced Cedar Rapids consumer fraud lawyer at the law firm of Brady & O'Shea today at (319) 866-9277 for a free legal consultation.

Protect Yourself from Advanced Fee Loans and Iowa Financial Fraud

Sat, 13 Aug 2011 08:00:00 EST

When people are hurting financially, they often tend to be vulnerable with their finances. Con artists know this and know how to use deceptive wording to target people who are trying to stay afloat.

If you are financially hurting, unemployed, have overdue bills, or need to repair your credit, watch out for advance fee loans, cash loans, credit repair schemes and financial fraud in Iowa.

Advanced fee loans occur when a company says they will give you a loan but they require you to pay an upfront fee that can range anywhere from $50 to $500. Once you do this, you may never hear from that company or salesperson again. Sadly, you do not get a loan and you can't get a refund because you were defrauded.

These advanced fee scams occur at many fraudulent companies offering other services such as credit repair for an advanced fee. Although the bulk of companies offering loans and credit repair services may be genuine, there are a handful of unscrupulous companies that are "bad seeds" and will cheat you out of your money.

How to Protect Yourself from Financial Fraud in Iowa

Before paying any advanced fee for a loan or any other service, review all contracts and materials before signing anything. Also, perform thorough research on the company you are considering doing business with.
You can also contact the Better Business Bureau or the Iowa attorney general's office to find out if there are any complaints against the company you are questioning. If in doubt, walk away.

How a Cedar Rapids Financial Fraud Attorney Can Help You

If you were a victim of financial fraud in Iowa, you have rights. You may be able to pursue a lawsuit or claim against the fraudulent company or individual that cheated you out of your money. For more information about your rights, call the law firm of Brady & O'Shea today at (319) 866-9277 and speak with an experienced financial fraud attorney.

Chelation Treatments for Iowa Lead Poisoning

Tue, 02 Aug 2011 08:00:00 EST

Now that you know your child has been exposed to high levels of lead, you probably have many questions and want to know how you can help your child during this difficult time. Your doctor will most likely be the best source of information, as he or she will provide you with recommendations and treatments available.

Two common ways that lead poisoning in Iowa is treated in children with more severe cases is through drugs called chelators and EDTA therapy.

How Does Lead Poisoning Treatment Work?

Chelation treatments are given at a hospital under a doctor's supervision. They consist of medication that is administered intravenously (through the veins), intramuscularly (through the muscles), or by mouth. This type of treatment may only have to be done once; however, there are many children who need more than one session to lower the amount of lead in their blood.

The way this treatment works is that the medicine attaches to the lead found in the body and removes it by excretion through urine.

After chelation treatment, if your child's blood lead levels are more than 10 mcg/dL, then the doctor may recommend another chelation treatment. However, even after another treatment session, some children's blood lead levels won't get lower than 10 mcg/dL.

Another similar lead poisoning treatment process is called EDTA therapy. This type of procedure is to treat blood lead levels higher than 45 mcg/dL. Ethylene diamine tetra-acetic acid (EDTA) is a chemical treatment that binds to excess lead found in the body.

Treating high blood lead levels can be beneficial to some; however, it may not be possible to reverse all the damage that has been done. Talk to your doctor regarding which treatment is best for your child, and call an experienced Cedar Rapids lead poisoning attorney at Brady & O'Shea today if you believe you have an Iowa lead poisoning claim. We can be reached at (319) 866-9277 for a free legal evaluation.

Please request your FREE copy of our book, Get the Lead Out, which can help you and your family during this difficult time.

Common Injuries Children Sustain in Cedar Rapids Playground Accidents

Thu, 21 Jul 2011 08:00:00 EST

Every parent wants to protect their child from harm; however, sometimes there are hidden design defects in products that children play with or defects in playground equipment that parents are not aware of.

Common defects in playground equipment in Iowa include:

Ladder defects - ladder steps are too far apart
Swing set defects - swings are too close together
Lack of shock absorbent surface - no safety mat below slides and swings
Loose bolts, nuts or screws holding swings and other playground equipment together
Poorly designed jungle gyms
Exposed corners that are sharp

When children are exposed to these dangers, injuries can occur, including:

Fractures and broken bones
Cuts and bruises
Strains and sprains
Head trauma
Brain injury
And more

In order to prevent your child from being injured on playground equipment, playground safety should be discussed. It is important that your child follows the playground rules and that your child is supervised at all times while on playground equipment. However, if defective equipment was to blame for your child's injuries, no amount of playground safety would have stopped the injuries from occurring.

If your child suffered an injury due to poorly maintained equipment or defective playground equipment in Cedar Rapids, you can hold a negligent business, school, city, or manufacturer liable for unsafe equipment.

If you believe your child suffered an injury due to defective playground equipment, call the law offices of Brady & O'Shea to talk with a skilled Cedar Rapids personal injury lawyer about your possible Iowa product liability case. Contact our office for a free legal evaluation at (319) 866-9277.

What are the Signs of Lead Poisoning in Children to be Aware of?

Sun, 17 Jul 2011 08:00:00 EST

Although lead poisoning is dangerous and harmful for anyone, it is especially damaging for children. Kids under the age of six have a higher risk for severe and long-lasting damage from lead poisoning. Since lead interferes with children's nervous systems, repetitive exposure to lead can cause permanent behavioral and learning disorders.

Unfortunately, detecting child lead poisoning in Iowa can be hard, which is why parents need to know about the signs and symptoms to watch out for, including:

Physical Symptoms
Loss of appetite
Vomiting
Abdominal pain
Constipation
Weight loss
Anemia
Unexplained fatigue and drowsiness
Lack of interest in playing or no energy
Kidney failure
Hearing loss
Delayed or slowed growth
Clumsiness
Speech delay or loss of speech skills

Behavioral Symptoms

Learning disabilities and difficulties
Irritability
Aggressiveness
Easily distracted and trouble concentrating
Learning problems and decline in IQ

Sadly, children can be exposed to lead before birth and may experience a slowed or stunted growth and have learning difficulties right from the very beginning of their lives. Because lead has such a damaging impact on young children, parents need to look out for the signs of lead poisoning and get children tested if lead poisoning is suspected.

If lead poisoning is not detected until children have excessive blood lead levels, it can lead to seizures, coma, and even death. If you or your child is a victim of lead poisoning in Iowa, call an experienced Cedar Rapids lead poisoning attorney at Brady & O'Shea today at (319) 866-9277 for a free legal evaluation.

Please request your FREE copy of our book, Get the Lead Out, which can help you and your family during this difficult time.

Types of Cedar Rapids Accidents that Lead to Broken Bones

Sat, 16 Jul 2011 08:00:00 EST

During a car accident, your body may hit different parts of the vehicle, such as the steering wheel, side window, door panel, windshield and other things inside the car. Because the force of an impact can be so great, your body is as risk for broken bones and other injuries in an Iowa car crash.

In fact, there are many different types of Cedar Rapids car accidents that could contribute to broken bones and other injuries, including:

Ejection accidents
Rear-end accidents
Head-on accidents
Rollover accidents
Intersection accidents
Side impact accidents

Although not every accident can be prevented, something all motorists can do to reduce their chances of sustaining broken bones or other injuries in the event of a crash is to wear their seat belts.

Typically a car will stop on impact, but the people in the car continue to move forward. If there is nothing to stop them, they can break their bones and suffer other serious injuries.

Although the use of seat belts will not prevent every injury from happening, they have been known to prevent fatalities and catastrophic injuries from occurring. They also can also help reduce your chances of sustaining broken bones in a collision.

If you have suffered broken bones in a Cedar Rapids car accident, find out what type of compensation you may be entitled to. Call our experienced Cedar Rapids accident attorneys today to talk with a skilled personal injury lawyer in a free legal consultation. You can reach the Law Offices of Brady & O'Shea at (319) 866-9277 today.

10 Benefits of an Iowa Class Action Lawsuit

Mon, 04 Jul 2011 08:00:00 EST

If you have been harmed by a defective product, household item, toy, prescription drug or other equipment and you believe you have a consumer issue, you may want to consider the advantages of a class action lawsuit. The same can be said for employees of a large corporation who have been cheated out of their wages or have been discriminated against. Class action lawsuits in Iowa and throughout this country help individuals seek justice with lower litigation costs.

What are the other advantages of a class action lawsuit?

Class action lawsuits create power in numbers.
Class action lawsuits allow people to be included in the group even if they wouldn't have been able to afford an individual lawsuit, since there is no up-front money required.
Class action lawsuits are cost effective for all involved.
Class action lawsuits do not require out-of-pocket lawyer fees. Class action attorneys work on a contingency fee basis and will receive a portion of the settlement at the end.
Class action lawsuits do not often require anything from the plaintiffs. Obligations of class members are less than in an individual suit.
Class action lawsuits hold large companies accountable for wrongs they did.
Class action lawsuits increase judicial efficiency, as thousands of claims are grouped under one class instead of being filed thousands of separate times.
Class action laws lengthen the limitation time period before which an individual action must be filed.
Class action outcomes apply to the entire class, and the recovery is consistent across the class.
Class action lawsuits level the playing field, as the class has a stronger negotiating power than an individual case would have.

Because of the large number of people that are harmed in the same manner, a class action lawsuit does increase the likelihood of recovery. For more information about filing a class action lawsuit, call an experienced Iowa class action lawyer in Cedar Rapids at the Law Offices of Brady & O'Shea today at (319) 866-9277, and ask for a free legal consultation.

What is Iowa's Dram Shop Liability Act?

Fri, 24 Jun 2011 08:00:00 EST

Most of us have probably seen a person at a bar who is obviously intoxicated. What if that person continues to get served alcohol and decides to drive home? Why didn’t the server or bartender notice his level of intoxication? Was it because they wanted to make more money in sales and tips, or were they just too busy to notice how drunk he was?

Whatever the case, if that customer got into his car in an attempt to drive home and got into a Cedar Rapids car accident, that drunk driver as well as that establishment may be held liable for the injuries, damages or death the drunk driving accident caused, according to the Iowa Dram Shop Act.

What Are Iowa’s Dram Shop Laws?

Under Iowa’s Dram Shop Act, anyone who is harmed by an intoxicated person can sue the business that served alcohol to the intoxicated person for any of their damages or injuries they sustained.

Iowa’s Dram Shop Act also includes laws about establishments or individuals dispensing liquor to an underage person. If anyone is harmed by an intoxicated underage person, the business or person who served alcohol to a minor could be responsible, if that person knew or should have known that the minor was underage.

These civil liability laws under Iowa Code § 123.92 explain that, “Iowa’s dram shop statute is intended to place a hand of restraint on persons permitted to sell liquor and should be construed liberally to discourage the selling of excess liquor.”

According to the statute, an establishment may be liable if either of these things is true:

A liquor licensee or permittee, bar owner or other party sells and serves liquor to an intoxicated customer when the server knew or should have known the customer was intoxicated, or
That establishment sold and served a customer to a point where they should have known the customer would become intoxicated.

If you were injured by a drunk driver, you may have a dram shop claim against the establishment that served the person alcohol. Talk to a skilled Cedar Rapids personal injury attorney today to find out your rights. Call the law offices of Brady & O’Shea at (319) 866-9277 and speak with an attorney who can help answer your questions and investigate your Iowa dram shop claim.

What to Do When Medical Devices Cause More Harm than Good

Sat, 18 Jun 2011 08:00:00 EST

Although you may not want to go through surgery, you most likely know that if your Iowa doctor is recommending surgery, it will most likely improve your quality of life. However, what if it doesn't?

Surgeries such as hip replacements, implantable heart devices and other implant surgeries use medical devices to help improve quality of life. Unfortunately, sometimes the medical devices that are involved in such surgeries are not made correctly and may cause more harm than good.

When defective medical equipment does not live up to its intended purpose, manufacturers of such medical devices should be held liable for the injuries or death that resulted. Often times, defective equipment may lead to premature failure of an implant, infection, or other dangers. When this occurs, a patient may need additional surgery and follow-up care.

Who will pay for a patient's additional medical care?

When manufacturing errors lead to life-threatening injuries in Iowa, a patient may experience pain and suffering. The unnecessary pain that is caused by the defective product should be the responsibility of the medical manufacturer.

If you or a loved one has suffered injuries, complications or death as a result of a defective medical device or equipment, you may be entitled to financial compensation from the negligent company or manufacturer that made the device to cover lost wages, pain and suffering, medical bills, and more.

Please call an Iowa product liability lawyer at the Law Offices of Brady & O'Shea at (319) 866-9277 today and hold negligent companies liable for defective medical products.

Other Iowa Truck Crash Factors

Tue, 14 Jun 2011 08:00:00 EST

Truck accidents in Iowa occur all too frequently. We have all probably seen a jackknifed tractor-trailer that brings the entire interstate to a halt, but what you probably have not considered is that this type of accident occurs every single day throughout the nation. There are more large trucks on the roads than most people can fathom, increasing your chances of being involved in a truck wreck.

Truck accidents in Cedar Rapids occur due to many reasons, including:

Driver error
Load size
Unsecured loads
Time demands and deadlines
Drowsy driving
Drunk driving
Use of drugs
Brake problems
Traveling too fast for weather or road conditions
Drivers unfamiliar with roadways
Drivers driving in "No-Zones" and truckers not checking blind spots
And more

When a trucker is driving in inclement weather, on bad roads, unfamiliar roads, or is under the influence of drugs or alcohol, it will have an effect on his stopping time and reaction time. Also, when a truck driver is rushing to make a deadline, there is the chance he will make careless decisions and illegal maneuvers, which may lead to a truck crash.

If you or someone you love has been injured in a truck accident in Cedar Rapids or anywhere in Iowa, please seek legal advice. Trucking companies and their insurance adjusters are known to use every tactic and trick in the book to place partial blame on you for the accident. Protect yourself and your rights to recovery and speak with an experienced Iowa personal injury lawyer today.

Call the Law Offices of Brady & O'Shea today for a free legal consultation and find out what financial compensation you may be entitled to. You can reach our office at (319) 866-9277.

What Can Pedestrians Do to Stay Safe on Iowa Roads?

Mon, 13 Jun 2011 08:00:00 EST

Pedestrians are the minority on the roads; however, pedestrians typically have the right of way, which requires that drivers of vehicles watch out for people walking on the sidewalks, streets, or crossing intersections.

Although most everyone understands that a pedestrian would be the one to suffer an injury in the event of an Iowa pedestrian-motor vehicle accident, not all drivers watch out for people who commute on foot.

When do pedestrian accidents in Iowa occur?

When drivers are distracted
When drivers run red lights
When drivers do not turn to look before making a right hand turn or pulling out of a parking lot exit
When drivers speed

Because cars are still the dominant force on the roads, pedestrians need to be smart and safe when walking in traffic.

How can pedestrians stay safe on Iowa streets?

Do not listen to music or talk on your cell phone while walking. Stay alert and listen to what is going on around you on the road.
Look both ways before crossing the street.
Wear reflective gear, carry a flashlight and be extra careful when walking after dark, as drivers have a harder time seeing you.
Obey traffic signals and walk on sidewalks whenever possible.
If you have to walk on the street, walk facing traffic and as far left as possible.
Attempt to make eye contact with drivers before crossing in front of their cars.
Never let children cross streets by themselves.

If you or a family member has been injured in a Cedar Rapids car and pedestrian crash, please call our experienced Cedar Rapids personal injury lawyers at the Law Offices of Brady & O'Shea today. We will provide you with a free, no-obligation legal consultation at your convenience. Call us at (319) 866-9277 today to find out your rights.

Giant Pharmaceutical Company Involved in Product Liability Lawsuits After FDA Pulls Avandia Off Retail Shelves

Tue, 07 Jun 2011 08:00:00 EST

Sadly it has taken years of consumer complaints for the U.S. Food and Drug Administration (FDA) to pull Avandia from retail sales. The drug Avandia was used to treat Type 2 diabetes, but growing concerns from consumers taking this drug indicated that their conditions became worse rather than better.

Although the FDA has reacted to the problem now, why didn't they listen to the complaints before?

These complaints did not start last year. In fact, the New England Journal of Medicine stated in 2007 that Avandia was connected to increased heart attack risks. In 2008, Public Citizen, a consumer group, petitioned the FDA to ban Avandia. They explained the drug risks and the possible threat of liver failure and other life-threatening risks associated with this drug.

The drug peaked in 2006, with 13.2 million people taking Avandia, and in 2010 the number of people taking this drug dropped to 4.6 million, which means that many people were paying attention to the possible health concerns, such as heart attack and stroke, being attributed to this drug. However, there are still approximately 10,000 Avandia prescriptions being filled per day around this nation.

The FDA has now restricted the sale of Avandia after receiving petitions and complaints that this drug may have caused shortness of breath, chest pains, muscular weakness, itching, fatigue, bone pain, and even a yellow skin color to occur. Starting November 18, 2011, Avandia will no longer be sold in retail pharmacies in the U.S. However, it will still be made available through mail order to people who have been using it without experiencing these harmful side effects. Although these patients are required to be informed about the risks, they are still allowed to take this controversial drug.

Be aware that Avandia is also known as Rosiglitazone, which has been sold under the names of Avandaryl and Avandamet by the drug manufacturer GlaxoSmithKline (GSK).

Recently GSK has been battling product liability lawsuits in Iowa and throughout the nation in which consumers claim that the pharmaceutical company knew the drug has been linked to cardiovascular disease and other issues, but failed to warn consumers of the potential health risks.

Last month, the company agreed to settle 700 product liability suits and pay out around $60 million in damages. There are also other cases pending against GSK.

If you suffered a stroke, heart attack or any other symptoms mentioned while you were taking Avandia, Avandamet or Avandaryl, please call an Iowa product liability lawyer at the Law Offices of Brady & O'Shea at (319) 866-9277 today and hold negligent companies liable for defective products.

Who Can Sue in Iowa Drunk Driving Accidents and Whom Can They Sue?

Wed, 01 Jun 2011 08:00:00 EST

When you or someone you love is injured in an Iowa car accident due to a drunk driver, you may feel angry that the negligent driver ever got behind the wheel of his or her car. The realization is that drunk driving accidents can be prevented if drivers who are intoxicated do not get into the driver's seat, and if those who are around the intoxicated person stop him or her from getting behind the wheel.

If you or a loved one is injured in a drunk driving accident victim in Iowa, you can sue the drunk driver for damages. Victims of drunk driving accidents have the right to bring a civil lawsuit against negligent drivers in order to seek damages. If your loved one died in a car accident as a result of a drunk driver, the heirs of the victim can bring a claim against the negligent parties involved.

Victims or their heirs can sue the following parties in Iowa drunk driving accidents:

The negligent drunk driver
The drunk driver's friend or passenger in the car
The bar or restaurant that served the driver too many alcoholic beverages
Limo services or taxi cab companies who drop the drunk driver off at their car
Other negligent parties involved

If someone is killed in a drunk driving accident, the victim's heirs have the right to bring a wrongful death lawsuit against the drunk driver and/or any of the above mentioned parties if negligence can be proven.

Find out which parties can be held liable for your injuries and damages by calling a skilled Cedar Rapids accident attorney. Your Iowa personal injury lawyer may be able to help prove that the bar or other negligent party knew that the driver was too intoxicated to drive and should have prevented him or her from driving.

Call the Law Offices of Brady & O'Shea today to schedule your free legal consultation and find out your rights at (319) 866-9277.

If you have lost a loved one due to drunk driver in Iowa, please order a FREE copy of A Guide to Wrongful Death Claims in Iowa, courtesy of Brady & O'Shea.

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Iowa Doctors May Misdiagnose Breast Cancer Even With Use of Mammograms

Thu, 19 May 2011 08:00:00 EST

Breast cancer is one of the scariest things a woman faces in her lifetime, as it is the second leading cause of cancer fatalities for women in America. This is why women have mammograms and yearly exams to check for breast cancer. However, what if a mammogram didn't detect your cancer?

Sometimes mammograms may not be enough, as they have been known to produce false negatives. What this means is that if doctors in Iowa only rely on mammograms for their diagnosis of breast lumps, there is a chance that breast cancer may not be detected in its early stages, which could lead to Iowa medical malpractice.

Although technology helps women fight this disease, it can also fail. When mammograms produce false negatives, it drastically reduces a patient's opportunity to fight the cancer. This is because most women don't return for 12 more months until their next annual exam, and may have lost time in the fight for their lives.

When you or your doctor discover a lump in your breast, do not only rely only on a mammogram for detection. Have your doctor perform checkups over the following weeks, in addition to the mammogram. If the lump does not disappear, your doctor should conduct a needle aspiration and order a lumpectomy for an accurate diagnosis.

If your doctor fails to detect your breast cancer in a timely manner, or if your doctor detected a lump but did not follow these procedures, your doctor may be liable for breast cancer misdiagnosis in Iowa.

Early detection can help save lives. Call an experienced Iowa medical malpractice lawyer in Cedar Rapids at the Law Offices of Brady & O'Shea today at (319) 866-9277, if you believe you have been a victim of breast cancer misdiagnosis.

Recent Developments in the Robo-Signing Scandal and Iowa Mortgage Foreclosure Proceedings

Mon, 16 May 2011 08:00:00 EST

Just last month, the government announced a "pattern of misconduct and negligence" in the robo-signing scandal. After a review by the Federal Reserve and the Office of Thrift Supervision (OTS), violations of laws and foreclosure processes were found by 14 banks that did not focus on accuracy and quality.

The Federal Reserve announced enforcement sanctions against 10 banking organizations regarding the robo-signing scandal, and is requesting that these mortgage servicing companies and banks correct these unsound practices. The OTS took action against four other mortgage loan servicers, and is asking them to correct their weaknesses in processing home foreclosures.

The 14 banks are nationwide mortgage servicers and are being asked to quickly make corrections to their foreclosure policies and procedures.

The 10 banks the Federal Reserve has taken action against include:

Bank of America
Citigroup
Wells Fargo
JP Morgan Chase & Co.
Ally Financial - previously known as GMAC Mortgage
U.S. Bancorp
PNC Financial
Met Life
Sun Trust Banks
HSBC

The four mortgage loan servicers that the OTS is enforcing actions against include:

One West Bank
Aurora Bank
Sovereign Bank
Ever Bank

Although there are no fines imposed on these banks and servicers at this time, there may be financial restitution imposed at a later date. These banks and servicers are required to hire an independent firm to conduct a thorough review of foreclosures or pending foreclosures between 2009 and 2010.

These reviews may indicate certain borrowers - even homeowners in Iowa - who may have been victims of foreclosure errors.

If you believe you have been financially harmed by a lender, bank or servicer who committed wrongful actions and foreclosure errors, contact an Iowa financial fraud attorney for legal help. Call the law office of Brady & O'Shea today at (319) 866-9277 for your free legal consultation.

Heart Attacks Go Undiagnosed and Misdiagnosed by Iowa Medical Professionals

Sat, 14 May 2011 08:00:00 EST

When you hear the term heart attack mentioned, you may visualize someone grasping their chest from their crushing chest pain and falling to the floor. Although some victims of heart attacks experience this description, not everyone suffering from heart attacks will have the same symptoms.

Other symptoms of heart attacks include: fatigue, sweating, shortness of breath, a fullness of the chest, dizziness, nausea, vomiting, chills, backaches, and pain in the arms. Sometimes, doctors attribute these symptoms to less serious conditions besides a heart attack, and can often misdiagnose a heart attack as anxiety, muscles aches, influenza and more. Some people do not have any symptoms of a heart attack, or the symptoms may be very mild in some people.

When an Iowa doctor overlooks a diagnosis of a heart attack, misreads tests, or delays their diagnosis, it may be too late. A patient may suffer from permanent heart muscle damage, embolism, heart failure, or death.

According to the New England Journal of Medicine, one in 50 heart attack victims are sent home by emergency room doctors due to misdiagnosis or failure to diagnose. When medical malpractice in Iowa such as this occurs, doctors should be held responsible.

If your loved one died as a result of an undiagnosed heart attack in Iowa, you should contact an experienced Cedar Rapids medical malpractice attorney to find out your rights. Call the Law Offices of Brady & O'Shea today at (319) 866-9277 for a free legal consultation.

Iowa Parents May Not Be Using Child Restraints Correctly

Mon, 09 May 2011 08:00:00 EST

According to NHTSA, 3 out of 4 parents do not correctly use child restraints. Without properly installed and fastened child restraints, your infant or toddler could potentially be injured if you get into a Cedar Rapids car accident. Research shows that many children's lives could be saved if child restraints were used, or if they were used correctly.

Iowa Child Restraint Law States:

Age 1 and younger: An infant one year old or younger or less than 20 pounds has to be in a rear-facing child seat and in a child restraint system.
Age 1 to 5: Must be in child restraints in the back seat of the vehicle. Older children can be in a safety seat or booster seat.
Age 6 and older: Children who exceed the height and weight requirements of child seats at six years old can use an adult safety belt.
Age 6 to 11: Children must be secured in a child restraint system or by a safety belt.

Children should always ride in the back seat of the vehicle, and parents should follow the instructions on the car seat to make sure that their children are in the correct safety seat for their size and weight.

If you are unsure that you are using child restraints properly, it is important to get your child's car seat checked by professionals. You can locate a child car seat inspection station in Iowa area by clicking on this link. When in doubt, get a safety inspection. It could save your child's life.

If your child has been injured by a negligent driver in an Iowa car crash, you should contact the Cedar Rapids personal injury lawyers at Brady & O'Shea today at (319) 866-9277.

Signs Your Infant May Be Suffering From Cerebral Palsy in Iowa

Sat, 07 May 2011 08:00:00 EST

Sometimes bad things happen to innocent people. Although we can't comprehend why something bad happens to us or our children, we do know that victims need to take a stand and be their own advocates after an Iowa catastrophic accident. If your newborn was the victim of a birth injury, then you need to be their voice and hold the doctor or health care professional responsible for their negligent behavior.

When a mishap occurs during the labor and delivery process, injuries can occur to a baby. One such injury that happens far too often is when a baby is deprived of oxygen during birth, causing cerebral palsy. This Iowa birth injury can affect your infant's:

Gross motor skills
Balance and coordination
Eyesight
Hearing
Thought process
And more

Cerebral palsy affects the brain and nervous system and can range in severity. Some therapies may help make improvements during a victim's lifetime, but presently there is no cure for this birth injury. Some victims of cerebral palsy suffer brain damage, and sadly most of these cases could have been avoided during the labor and delivery process.

When cerebral palsy is a result of medical malpractice in Iowa, the infant's family should hold the doctor or nurse responsible. You may be able to recover damages for past and future medical bills, therapies, lost wages, instances of pain and suffering, and more.

If your child was a victim of an Iowa birth injury, please call the Law Office of Brady & O'Shea to find out your rights. Call today for a free legal consultation to speak with a skilled Cedar Rapids birth injury attorney at (319) 866-9277.

Causes of Restraint System Failure in Iowa Accidents

Sun, 17 Apr 2011 08:00:00 EST

You may have gotten in your car just like any other day, fastened your seatbelt and taken off down the street, not giving much thought to your seatbelt design. However, what if you were involved in an Iowa car accident and your seatbelt came unlatched? Although you know you fastened your safety belt, it appears as though you weren't wearing it.

Surprisingly, there are defects in seatbelt designs. Did you know that there are several hundred different vehicle models in this nation, which all require different seatbelt designs? Most seatbelts are safe, but there have been defective seatbelts designed and manufactured through the years.

What causes a seatbelt to malfunction?

Failure of the seatbelt's retractor: When the retractor fails to lock, the vehicle occupants can hit their heads on the steering wheel, windshield or dashboard.
Torn seatbelts or ripped webbing: When a seat belt tears or rips apart, it typically signifies that the seatbelt material used was substandard or something inside the vehicle may have cut the seatbelt.
Unlatching and false latching: When a seatbelt fails to lock in place and the plate pulls out of the buckle, false latching may have occurred.
Automatic seatbelts: When a vehicle has an automatic seatbelt system, there may be a faulty part that could cause the seatbelt to malfunction.
Internal unlatching: When there is impact to the buckle, it may cause it to unlatch.
Lap belts: When a lap belt is used alone, it can injure someone's abdomen and crush organs or the spinal cord.

When a vehicle manufacturer fails to properly design and manufacture a seatbelt, you and your passengers suffer. Defective seatbelts have been known to cause serious injuries such as spinal cord injury, head injury, brain injury, serious neck and back injuries, paralysis and even death.

Although statistics show that wearing a seatbelt reduces risks of injuries in the case of an Iowa auto accident, a defective seatbelt can increase your risk of injury. If you were injured as a result of a defective restraint system, it is important that you talk with an experienced Iowa accident attorney. Proving that your seatbelt malfunctioned will take qualified people on your side and a thorough investigation by professionals. Call the Law Offices of Brady & O'Shea today to talk with a skilled Cedar Rapids personal injury lawyer at (319) 866-9277.

What are the Differences Between Iowa Nursing Homes & Assisted Living Centers?

Sat, 16 Apr 2011 08:00:00 EST

When a parent gets too old or too sick to take care of themselves and needs assistance, you may not be able to care for them and need to turn to a long term care facility for help with your loved one. If you are looking for a facility to place your parent or loved one in, you need to understand the difference between Iowa nursing homes and assisted living centers.

There are approximately 440 nursing homes in Iowa and over 300 assisted living centers in the state that take care of the elderly. The main difference is that residents who live in the assisted living centers are "chronically ill but stable," according to the Iowa Department of Inspections and Appeals. This means that these seniors can generally take care of themselves but need some assistance; whereas, the elderly residents who live in the nursing homes typically have more serious medical problems and require 24/7 attention and nursing services.

Another difference between the two is that assisted living centers are inspected every two years by state inspectors, but they are not subject to federal oversight. Iowa nursing homes are inspected every year and must meet federal guidelines, as they are considered medical facilities.

Your loved one's needs should generally guide you to which facility to place them in. Don't assume that all nursing homes are the same and that all assisted living centers are either. They are under different ownership, management, and guidelines and may have more or fewer nurses and workers on site. You need to inspect the facilities, review their ratings and comments online, ask residents and their families about their experiences, and take extra care when choosing a home for your relative.

Certain assisted living centers in Iowa have been known to drop their licenses so they do not have to provide adequate care. On the other hand, some nursing homes have been cited for nursing home abuse in Iowa including: neglect, understaffed and improperly trained workers, bed sores, malnutrition, medication errors, resident-on-resident assault and more.

If you believe your parent or elderly family member is a victim of Iowa nursing home abuse, call a concerned and experienced Cedar Rapids nursing home abuse attorney at the law offices of Brady & O'Shea for a free, no-obligation consultation at (319) 866-9277.

Are There Not Enough Iowa Nursing Home State Inspectors?

Thu, 07 Apr 2011 08:00:00 EST

If you have chosen a nursing home for your parent or loved one to reside in, it is typically because they need constant care or they have a serious medical problem for which they need supervision from a nurse or doctor. When you choose a nursing home facility, you want to make sure your family member is receiving the best care possible, since they can no longer care for themselves.

Most residents at nursing homes have serious medical issues such as Alzheimer's and need constant care and supervision. There are 442 nursing homes in Iowa providing care for residents who are generally chronically ill and need nursing care 24/7. Nursing homes in Iowa must follow the federal guidelines, as they are considered medical facilities for seniors.

The job of a state nursing home inspector is to respond to hundreds of Iowa nursing home abuse complaints and review over 150 regulatory standards for each facility, in order to make sure those homes are in compliance. However, these inspections take a lot of time, as inspectors have to observe the care and interactions between residents and the staff. They also have to conduct interviews with residents and their family members. Sometimes these inspections can take over a week.

There were 38 state nursing homes inspectors in Iowa; however, Department of Inspections and Appeals Director Rod Roberts recently cut 10 jobs, leaving 28 inspectors to observe over 440 homes and 300,000 residents. The job of state inspectors is important, as they hold nursing homes accountable for providing good care to senior residents. With fewer Iowa nursing home inspectors, will there be more nursing home abuse and neglect?

If inspections are not done correctly or often enough and facilities are failing to meet minimum federal standards, it could put residents in jeopardy.

If you believe your senior parent or family member is a victim of Iowa nursing home abuse, call the concerned attorneys at the law offices of Brady & O'Shea, experienced Cedar Rapids nursing home abuse attorneys, at (319) 866-9277, and we will provide you with a free, no-obligation consultation.

Iowa Tractor Accidents Produce Serious Injuries

Sat, 02 Apr 2011 08:00:00 EST

Each year there are several serious farm accidents in Iowa. When an agricultural industry accident happens, it can be extremely serious or even fatal, as farming is one of the most deadly industries in the nation.

Iowa tractor accidents are typically the majority of farm accidents in the state, accounting for one-third of all farm accident fatalities. The most common type of fatal tractor accident is tractor rollover. When a tractor overturns, it typically traps the driver underneath the heavy equipment, crushing the operator to death. Other causes of tractor fatalities include: operators becoming entangled with the power take-off (PTO), tractors contacting power lines or electrical wires, and road collisions.

Some tractor accident victims have a chance of survival, while others are not so fortunate. Even if a victim lives after a tractor accident, he or she may be disabled and suffer lifelong injuries including:

Disfigurement
Paralysis
Loss of limbs and amputation
Head injuries
Back and spinal injuries
Brain damage

If the injuries you sustained keep you from returning to your job or affect the quality of your life, you may be entitled to receive financial compensation for your medical bills, lost wages, ongoing medical treatment, physical therapy, and other damages.

If you have been seriously injured or lost a family member as a result of an Iowa tractor accident, please speak with the Law Offices of Brady & O'Shea today. Our experienced Iowa farm accident attorneys may be able to help you recover damages. Call today at (319) 866-9277 for a free legal consultation. If you cannot travel to us due to your injuries, we can come to you.

Iowa Rollover Accidents May Lead to Roof Crush Injuries

Fri, 01 Apr 2011 08:00:00 EST

Not much thought is ever given to a car's roof. We drive around knowing that our roof will protect us from the rain, sun, flying debris and other road dangers. However, what if a rollover accident occurs? Serious injuries and even loss of life can take place if the roof of your car wasn't designed or built correctly.

A roof collapse or crush occurs when the roof of your car caves in and into the car's cabin, which occurs more often in rollover accidents. There are a number of things that can lead to roof crush injuries after an Iowa rollover accident, including: defective materials, manufacturing defects, failure of roof supports, and even defective tires.

When rollover accidents with roof collapses occur, serious injuries may result including:

Spinal cord injury
Traumatic brain injury
Head trauma and brain damage
Paralysis
Other permanent disabilities
Death

Because these types of accidents are often outside the driver's control, you may be entitled to damages for your injuries or loss of a loved one. An eastern Iowa car accident attorney may be able to help you recover financial compensation for medical bills, physical therapy, rehab, lost wages, permanent losses and more.

Contact the Law Offices of Brady & O'Shea today for a free legal consultation at (319) 866-9277, and get your questions answered by a knowledgeable Cedar Rapids personal injury lawyer.

If you have lost a loved one due to a rollover accident and roof collapse, please order a FREE copy of A Guide to Wrongful Death Claims in Iowa, courtesy of Brady & O'Shea.

Your Rights Following an Iowa Farm and Agriculture Accident

Wed, 16 Mar 2011 08:00:00 EST

Farming is one of the largest industries, and it is also one of the most dangerous and deadliest industries in this nation. Because of the hard work and heavy equipment that is used in farming, there are many hazards that agriculture workers deal with on a daily basis that result in injuries or fatalities.

Farming may involve exposure to hazardous chemicals, tractor rollovers, animal attacks, grain bin suffocation, grain silo explosions, exposure to toxic substances, and many more. When a farm accident in Iowa occurs, victims may be entitled to financial compensation for the injuries they sustained.

Sometimes the laws governing farming are complex, and the relationships of some farm workers may or may not be a simple employer/employee relationship. A skilled lawyer who handles Iowa farm accidents should be consulted to ensure that you receive the compensation you are entitled to for your injuries.

Other parties that may be responsible for your farm accident injuries include:

Equipment manufacturer
Equipment dealer
Manufacturer of an attachment
Owner of farm for lack of training
Other farm workers for improper storage of toxic chemicals

When farm accidents of any nature occur, a proper investigation should take place to determine if there are other parties that should be held responsible for your injuries. When equipment is not maintained properly, when chemicals are not stored properly, when safety guards have been removed, when equipment is defective, or when no training was provided, there may be a party that should be held liable for your Iowa farm work accident.

Contact a skilled Cedar Rapids farm injury attorney at the law offices of Brady & O'Shea today to start an investigation into your agriculture accident. Contact experienced Iowa farm accident lawyers today at (319) 866-9277 to find out if you may be entitled to financial compensation.

If someone you love was killed in a farm accident, order this FREE book: A Guide to Wrongful Death Claims in Iowa, courtesy of Brady & O'Shea.

Iowa Livestock Related Fatalities May be Due to Negligence in Training

Sun, 06 Mar 2011 08:00:00 EST

Farmers and ranchers in Iowa who have contact with cattle are at risk for injuries and even death, as livestock are powerful, territorial, unpredictable, and can be spooked by a number of things. When a person deals with livestock, they know there are risks and dangers associated with this type of work; however, there still may be legal ramifications in the event of injury or death caused by cattle.

A report by the Centers for Disease and Control (CDC), "Fatalities Caused by Cattle," revealed that males who are over 60 years of age in Iowa are at higher risk for being injured or killed by cattle. The report also indicated that working with cattle in an enclosed area can increase the chance of being injured or killed by cattle. Other factors in the death of farmers, ranchers and farmhands include moving and herding the cattle, loading the cattle, and feeding the cattle.

Although cows have personalities of their own and are strong creatures, there are ways of preventing injuries and fatalities on a farm. Farmhands should be trained properly on how to deal with cattle. If the owner of the farm was negligent in training and did not follow proper standards for agriculture working conditions, an injured farmhand or decedent's family member may have a legal claim and should talk to an Iowa farm injury lawyer.

Also, if a cow has shown signs of aggressive behavior and nothing was done about it, the farm owner or company may be held liable if an accident or death occurs as a result. If an animal on the farm has been identified as aggressive, farms should not allow their workers to interact with that animal, as there are safety risks involved.

Other Causes of Farm Accidents and Fatalities Include:

Defective tractor and tractor rollover
Defective farm equipment
Improper handling of livestock
Gas explosions
Electrical power incorrectly installed
Falls from equipment or heights

If there is negligence or misconduct on the part of the owner of the farm, if safety measures were not followed, or if proper standards for agriculture working were not in place, and a farm worker was injured or died as a result, an injured farm worker may have a liability claim against the company or person who may have been responsible.

Contact the law office of Brady & O'Shea today to speak with a Cedar Rapids farm injury lawyer if you have been seriously injured on a farm by a defective tractor, livestock, or by other faulty equipment. Call us at (319) 866-9277 for a free consultation today.

Learn Signs of Identity Theft and How to NOT Become a Victim

Thu, 03 Mar 2011 08:00:00 EST

Identity theft occurs on a day-to-day basis, as identity thieves steal personal information and financial information by rummaging through your trash, looking through your mail, spying on you online, stealing your purse or wallet, obtaining your credit report, or even by installing a skimming device on an ATM machine. Other instances have occurred when a thief pretends to be a company representative claiming there is a problem with your account and they need to verify some information in hopes that you will give them your personal information over the phone.

Identity theft in Iowa continues to be a real problem that affects many people not only in this state but also throughout this nation.

What Do Identity Thieves Do With Your Information?

Open up new credit accounts and/or bank accounts in your name
Charge on your existing accounts and withdraw money from your accounts
Apply for a job and file a fraudulent tax return in your name
Purchase a car in your name
File for bankruptcy in your name
Open a new phone or wireless service in your name
And more

How Do I Not Become a Victim of Identity Theft?

The best way to NOT become a victim of identity theft is by shredding credit card applications, credit card statements, and bank statements. Also, make sure you secure your computer with firewalls, and update your virus protection regularly. Do not give out personal information over the phone, do not carry your social security card in your wallet, and never let your mail sit out overnight.

If you have become a victim of identity theft, order a copy of your credit report from all three credit bureaus: Experian, TransUnion, and Equifax. Also, file a complaint with the Federal Trade Commission, the Iowa Attorney General, and speak with a skilled Iowa consumer fraud attorney to find out your rights.

Identity theft can be very hard to bounce back from, as it not only drains a victim of their money, but it may ruin credit reports, and lead to debt collectors and bankruptcies. Often, victims of identity theft find themselves in a horrible situation that involves stress and time to clean up the mess. If you or someone you know has been a victim of identity theft in Iowa, call the skilled Cedar Rapids consumer fraud attorneys at the law offices of Brady & O'Shea at (319) 866-9277 for a free legal evaluation. You may be entitled to financial compensation as a victim of consumer fraud in Iowa.

Evaluating Dangerous Toys - What Parents Need to Know About Children's Toys

Wed, 02 Mar 2011 08:00:00 EST

Recently there were several children's toys recalled by the U.S. Consumer Product Safety Commission (CPSC) due to choking hazard. The recall involved Fisher-Price, Discovery Toys, and other toy manufacturers.

Fisher-Price recalled Little People Wheelies Stand ‘n' Play Rampway because there were reports that the wheels of the green and purple cars were falling off the toy vehicles and could potentially cause a choking hazard. In addition, Discovery Toys recalled toy mobile phones due to choking hazard as well. Reports indicated that the plastic antenna on the toy cell phone could break off and cause a child to choke.

Although no injuries were reported at this time on either recall, there are many toys that are either not made well or not made properly for the age group of the kids that are playing with them and could cause potential choking hazards for kids under five years of age. Although toy manufacturers follow specific guidelines set forth by the CPSC when they determine what age group a toy is appropriate for, sometimes the packaging is wrong, and parents should always use their best judgment.

What Parents Should Do When Evaluating Toys for Their Children to Play With

Make sure to read the labels on the toys your child is playing with
Verify that the toy is age appropriate
Assess your child's physical and mental abilities to play with the toy
Don't allow your child to play with a toy where the parts could pull off
Don't allow your child to play with a toy that could fit into their ear, nose or mouth

Because not every toy-related accident can be prevented by parents, manufacturers of defective toys should be held accountable for their actions and the poorly designed toy they produced. If your child was injured due to a defective toy, you may be able to collect damages.

Call a Cedar Rapids child injury lawyer as soon as possible to discuss your case. A qualified product liability lawyer in Iowa can help you determine if you have a legal case against the toy manufacturer. Contact Brady & O'Shea, skilled Iowa product liability lawyers, at (319) 866-9277 for a free legal evaluation today.

Class Action Settlement – Find out if You Have Reimbursement Coming Your Way

Wed, 02 Mar 2011 08:00:00 EST

Class action lawsuits in Iowa and throughout the U.S. are frequently investigated after one person comes forward following an injury from a defective product. Typically, when one person is injured there are others who have experienced similar injuries with the same product. When more people come forward about that specific item, then lawyers can show that a specific company damaged a group of people and request that the suit be classified as a class action lawsuit.

There have been many class action settlements in Iowa and throughout the nation lately that involve defective parts and materials on vehicles. For example, Toyota reached a settlement regarding the 2006-2009 Toyota Prius and the prematurely failing HID headlights. Another vehicle class action suit that was recently settled involved some of the 2008-2010 Honda Accord models and certain 2009-2010 Acura TSX models regarding premature wearing of brake pads. The settlements to these class action cases supplied consumers with reimbursement if they already had the work completed, or a new replacement part to fix the issue.

Defective vehicle parts are not the only class action cases that have occurred recently. In fact, defective prescription drugs often result in class action lawsuits due to the dangers to consumers' health. Many dangerous drugs have been taken off the market in recent months. Some prescription drugs that have class action suits surrounding them include Darvocet, which has been linked to heart rhythm abnormalities and heart attacks, and Yasmin, which has been linked to blood clots, heart attacks and strokes.

If you have suffered injuries due to a defective product or dangerous drug, you need to contact the law office of Brady & O'Shea, who will investigate your concerns into a class action lawsuit. Call an experienced Iowa class action lawyer today at (319) 866-9277 and we will listen to your concerns, investigate your case, and explain your legal rights.

What are Citations for Iowa Nursing Home Violations?

Thu, 24 Feb 2011 08:00:00 EST

Many nursing homes in Iowa have been in violation of health and safety standards. In fact, in 2007, the Department of Health and Human Services discovered that almost all nursing homes in the U.S. have been given citations for health and safety violations.

Most of the violations that year resulted from malnutrition, patient neglect, medication mishaps, infected bed sores, and patient abuse. The investigation discovered that most of the violations occurred because of poorly trained nursing home staff as well as not enough staff for a proper staff-to-patient ratio.

What are the penalties and citations given to the nursing homes that violate health and safety standards?

The Iowa State Board of Health makes policy for the Iowa Department of Public Health, and it does impose disciplinary action on nursing homes that are in violation of the law. The penalties given by the board may vary depending upon the severity of the nursing home actions and may include:

Citation and warning
Monetary civil fines
Suspension of license for a specific time period
Revocation of license
Permanently prohibit taking on specific tasks
Probation
Reexamination
More training or education of staff
Mental evaluation of staff

The board may issue other penalties, fees, and citations that may be appropriate depending upon the nature of the Iowa nursing home violation. For example, the Iowa Department of Inspection and Appeals caught the Emeritus at Silver Pines falsely portraying itself as an assisted living facility rather than what it is - a residential care facility. They were fined $13,000, and received 17 other citations.

If you have found that your loved one is a victim of nursing home abuse due to health and safety violations, contact the Iowa nursing home abuse attorneys at Brady & O'Shea for a free, no-obligation consultation at (319) 866-9277.

Are Iowa Politicians Looking to Decrease Oversight in Assisted Living Facilities?

Sun, 13 Feb 2011 08:00:00 EST

Recently, Governor Terry Branstad indicated that there should be less governmental oversight of senior assisted living centers, which has sparked a controversial issue regarding this matter. Brandstad suggested his idea at an AARP conversation on aging, and said he is concerned that assisted living centers have been picked on by state inspectors.

However, advocates for seniors feel that the Iowa Department of Inspections and Appeals is not tough enough on assisted living centers. In fact, these inspectors/monitors only visit assisted living centers once every two years. Many feel there are not enough rules and requirements and there is a lack of governmental oversight with certified assisted living centers.

Ten years ago there were only ten assisted living facilities in Iowa, and now there are over 300 centers - home to thousands of Iowa seniors. In 2008, state inspectors responded to more than 150 complaints, gave out approximately 500 violations, and found issues with two-thirds of assisted living facilities that year alone. This tells advocates that the state of Iowa needs to increase the oversight of these assisted living facilities, not decrease it.

However, Branstad feels differently and would like to see state regulators back off. With this many violations and repeat violators, it tells others in Iowa that the senior homes need more oversight from the government.

The controversial question really comes down to this: should state inspectors monitor and police assisted living centers or collaborate with them? This issue will be left to state lawmakers. If Iowa lawmakers decrease the standards and governmental oversight on senior assisted living homes, we will most likely start seeing an increase in health and safety problems in these homes.

If you believe your loved one is a victim of a health and safety concern at an assisted living facility or maybe your relative is a victim of nursing home abuse in Iowa, please call the law offices of Brady & O'Shea, experienced Iowa injury attorneys, at (319) 866-9277 and we will provide you with a free, no-obligation consultation.

Mistakes That Can Hurt Your Iowa Accident Claim

Fri, 04 Feb 2011 08:00:00 EST

Do you know what to do and what not to do after you are involved in a car crash, motorcycle crash or truck accident in Iowa? There are certain things you should do, like exchange contact information with the other party involved in the accident, call the police, and seek medical treatment. But what about the things you shouldn't do?

If you are involved in an Iowa accident with a negligent driver, you are entitled to financial compensation for your hospital and medical bills, medical treatment, lost wages due to time away from work, and more. However, if you do something that can ruin your case, you may not receive as large of a settlement as you deserve.

Common mistakes to avoid following a crash:

Do not admit fault to anyone after the car crash.
Do not talk to anyone about the crash except your attorney.
Do not sign any papers or give recorded statements to the insurance company.
Do not wait until your memory fades to document the accident in your own words.

It is extremely important that you talk with an experienced Cedar Rapids personal injury attorney following a car crash, truck wreck or motorcycle accident in Iowa. A knowledgeable lawyer will be able to guide you in the right direction and deal with the insurance companies on your behalf, and can get you a larger settlement than if you handled your case on your own.

If you are not sure that you need a lawyer, please read our FREE book: Answers to Iowa Car Crash Victims' Top 10 Questions, and call us if you have any questions or would like a free, no-obligation consultation. Our Iowa accident attorneys at Brady & O'Shea can be reached at (319) 866-9277.

Iowa Supreme Court OKs Insurance Agent's Failure to Advise

Fri, 04 Feb 2011 08:00:00 EST

In an opinion issued today, the Iowa Supreme Court found that an insurance agent did not have an affirmative duty to advise his clients to consider workers compensation insurance for a self-employed over-the-road truck driver due to the limited relationship between the agent and the family.

The plaintiffs in the case, Timothy Merriam and his family, met with their insurance agent, Steven Stonehocker, to discuss procuring additional insurance on a second home. During their meeting, several other insurance needs were discussed, including life insurance for Mr. Merriam's mother and insurance for structures, animals, and guns. Mr. Stonehocker suggested they consider insuring their vehicles through his company and offered to get quotes for the various insurance policies discussed.

The insurance agent failed to advise that Mr. Merriam, a self-employed truck driver, purchase self-employment workers' compensation insurance. Mr. Merriam was subsequently injured on the job and did not have workers' compensation insurance.

Plaintiffs claimed that Mr. Stonehocker was aware of Mr. Merriam's and that his failure to advise or inquire about workers' comp breached his duty of care to act as a reasonably prudent insurance agent. The Iowa Supreme Court agreed with the district court that the insurance agent was not negligent in failing to advise about the workers' compensation insurance, as his relationship with the family was limited in scope and he did not represent he was assessing their overall insurance needs.

If you believe your family or your company has had losses due to negligent insurance advice, you may be able to pursue a claim. Contact an experienced business litigation attorney to discuss your insurance coverage claim by using our online contact form or calling (319) 866-9277.

What Parents Should Know About Defective Cribs and Child Safety

Wed, 02 Feb 2011 08:00:00 EST

In the past several years, one of the leading causes of infant death has been linked to defective cribs. A number of child injuries and fatalities have been associated with defective designs and faulty manufacturing of cribs. Sadly, these fatalities and injuries could have been prevented if the proper materials had been used or if the cribs had been designed properly.

In the last decade alone, at least 32 infant deaths involved a drop-side crib. Drop-side cribs have sides that slide down to make it easier for parents to pick up their infant; however, the drop side has presented safety issues resulting in serious injuries and deaths. The drop side can detach, creating a space between the drop side and the crib mattress, in which an infant become trapped. Drop-side cribs have lead to suffocation, strangulation, head injuries, bruises, cuts, bumps, and lacerations, and are now recalled in the U.S.

Manufacturers of cribs have a duty to the public to provide safe equipment for children. Although they may be held liable for injuries and fatalities if the equipment is proven to be faulty, parents should look for safety hazards before placing their infant in a crib. Design defects can include:

Improperly spaced slats - The slats on a crib should be no more than 2 3/8" apart. Check the spacing between slats to make sure that a child cannot get trapped or entangled, which could lead to serious injuries or death.
Corner posts - The corner posts should not be more than 1/16" above the end panels. Watch for sharp points which can catch a child's clothes and lead to entanglement, or can cause cuts and lacerations.
Instability - Check to make sure the crib is stable. A collapse of a crib can lead to asphyxiation or other serious infant injuries. Also, look to see that there are no missing slats, broken parts, or loose hardware.
Paint - Inspect the finish of the crib to make sure that there is no cracked or peeling paint to avoid Iowa child lead poisoning. Also, look for rough edges or splinters which can harm a baby.
Mattress - Make sure you use a tight-fitting mattress so the infant cannot become trapped between the side of the crib and the mattress. Also, improper mattress designs can cause toxic harm to a child, as they could contain gaseous elements.

Although manufacturers of cribs are supposed to make sure that their products are safe before they are sold in stores, sometimes they fail to do so and release a defective crib on the market. If your child has been injured, or has suffocated or been strangled due to an unsafe crib design, you need to talk to an experienced Iowa product liability lawyer. Even the most careful, responsible parent cannot protect their child from a defective crib. Call Brady & O'Shea today to take legal action against the crib manufacturer to make sure this tragic accident doesn't happen to anyone else. Call us at (319) 866-9277 today.

What NOT to Do Following an Iowa Truck Accident

Tue, 01 Feb 2011 08:00:00 EST

After a truck accident in Iowa, you may not know what to do or where to turn. Your nerves may be shaken and you may be injured as a result of the crash. However, try to not let your injuries prevent you from thinking logically. There are several important things to do and not to do following an Iowa truck crash.

Oftentimes truck drivers will call the accident in to their headquarters. The truck company may send a representative out to the scene to gather information that may be helpful for their case. They may or may not approach you, depending upon the circumstances. However, they might try talking to you without identifying themselves. You need to be careful what you say to anyone at the accident scene. There are several important things NOT to do after a truck crash:

Do not admit fault.
Do not sign any papers from the insurance company, trucking company, investigators or their lawyers.
Do not give a recorded statement to the trucking company or the insurance company.
Do not give medical authorizations to anyone.

It is extremely important to contact a knowledgeable accident attorney immediately following your wreck. An attorney who is knowledgeable regarding the rules that govern the trucking industry is critical to your case. There are crucial elements they will know about, like requesting the truck driver's log books and electronic data. This information is critical to the success of your case. Other things to do following a truck accident in Iowa include:

Make sure a police report is filed.
Gather names and contact information of the truck driver and any witnesses.
Take photographs of the damage to your car and the accident scene.
Seek medical treatment.
Hire an attorney experienced in truck accidents.

Call Brady & O'Shea today at (319) 866-9277 and speak with an attorney who is experienced handling truck accident cases. Call Cedar Rapids accident attorneys today if you or a loved one has been injured in an Iowa truck crash.

Chances Slim for a Woman on the Iowa Supreme Court

Fri, 28 Jan 2011 08:00:00 EST

After completing 60 interviews of prospective Iowa Supreme Court justices yesterday, the Iowa Judicial Nominating Commission deliberated for approximately six hours and came out of deliberations with nine names: Robert Blink, Arthur Gamble, John Gray, Steven Lawyer, Edward Mansfield, Michael Mullins, Angela Onwuachi-Willig, Thomas Waterman, and Bruce Zager. The group includes a slate of well-qualified individuals, including five judges, three practicing attorneys, and one law professor.

The nomination of Ms. Onwuachi-Willig, demographically speaking, is notable: she is the youngest by some eight years, she is apparently the only person of color, and she is the only woman. Her appointment to the court would add otherwise lacking diversity to its members. But there is a snag: she has publicly supported the rights of Iowan gays and lesbians to marry in a brief filed with the court in the Varnum v. Brien case.

Governor Branstad has stated he will consider the nominees based on their legal experience and philosophy and will not ask about specific cases. However, it would be surprising if Branstad, who opposes gay marriage in Iowa, to appoint a justice who he knows would vote to uphold the Varnum v. Brien decision.

What Every Parent Should Know About Iowa Playground Accidents

Wed, 19 Jan 2011 08:00:00 EST

Children love to get their exercise, and playgrounds are a fun place to let your children go to expend their energy. However, playground equipment can be dangerous and is the cause of thousands of child injuries in Iowa and throughout the U.S. each and every year. Although parents cannot stop every accident from occurring, they can check out the playground equipment before letting their children play on it.

Even when parents inspect the equipment, injuries due to faulty equipment or poorly maintained equipment in Iowa may still occur. Even though the city, daycare, or owner of the equipment should maintain it, parents should also:

Look for loose nails, bolts, or missing or broken parts
Make sure wood surfaces are smooth
Beware of rusty equipment
Look for shaky equipment
Make sure there is sand or soft material under climbing areas, slides or swings
Check for debris or broken glass on the ground
Supervise children
Dress children in tennis shoes, not sandals

Checking the playground for safety hazards is a wise habit to get into, in order to help protect your child. If you do find safety hazards, poorly maintained equipment, loose bolts, rusty equipment, or splintery wood, you should take this matter up with the daycare, city hall, or the proper establishment.

However, even if you checked out the equipment to ensure your child's safety, the equipment may be faulty or designed poorly. The manufacturer of the playground equipment may be responsible for the playground injuries your child sustained.

If your child suffers an injury due to dangerous playground equipment in Iowa, the city, daycare or manufacturer may still be held liable for your child's injuries. Parents should inspect playground equipment prior to children playing; however, the proper establishment is ultimately responsible for the playground's condition.

Depending on where the playground accident occurred, there are many different people that may be held liable for your child's injuries including the city, private residential owners, daycare, or the manufacturer of the playground equipment. If your child has been injured in a playground accident in Iowa, you need to talk to a Cedar Rapids personal injury lawyer immediately after the accident. An attorney can investigate the case to determine who may be held liable for your child's injuries. Call Brady & O'Shea today at (319) 866-9277 for a free legal evaluation.

Do You Know What Steps to Take After a Tractor Accident?

Mon, 10 Jan 2011 08:00:00 EST

What if you saw your co-worker topple over in a tractor? What if you were first on scene to respond to a tractor rollover on a farm? Would you know what to do first and how to act? What about the things you shouldn't do? There are critical steps a responder should and shouldn't take when responding to an Iowa farm accident dealing with a tractor rollover.

If you think a tractor rollover will never happen on your farm, think again. Farming accidents are one of the deadliest occupational injuries in this nation, and tractor rollovers account for a large percentage of agriculture injuries in the U.S.

The first thing anyone who witnesses a tractor rollover accident should do is to stay calm. This might seem logical, but many people forget to keep their cool and don't remember the steps they have learned. If you witness a farm accident, immediately call for help. Use your cell phone to call for emergency responders. If you don't have a cell phone, call out to others on the farm to make sure that one of you gets to a phone immediately to report the accident. Notify people on the farm so they can help you and be on the lookout for emergency responders.

Next, look to see if the tractor is stable. Oftentimes in a tractor rollover, the tractor rolls down a hill. Never approach the tractor from beneath. Always approach the tractor and victim from uphill, as the tractor may be unstable. Look to see if you can safely turn off the power to the tractor. Make sure you never turn off the power take-off (PTO), as it can move and create more harm to the victim.

Check to see if the victim needs first aid to stop bleeding or mitigate any other injury. Never move a victim if there is a chance of spinal injury, as you can make the injury worse, resulting in paralysis. Wait for emergency responders to handle this type of situation.

Do not attempt to use the equipment again until you have spoken with the victim and/or an experienced Iowa farm accident lawyer. Knowledgeable agriculture attorneys can help get investigators to the scene and find out if there is a product liability issue with the tractor company.

If you or someone you know has been injured in an Iowa agriculture accident due to a tractor rollover, contact Brady & O'Shea today at (319) 866-9277 for a free legal consultation.

Iowans Deserve More From Their Banks During Tough Times

Sun, 09 Jan 2011 08:00:00 EST

Many Iowans have lost their jobs due to the economic crisis and are now facing losing their homes. Banks, despite receiving billions of dollars in bail-out money intended not only to help the banks but to allow the banks to help struggling home owners are now unwilling to help Iowans through loan reformation and are instead rushing through foreclosures using fraudulent and deceptive legal practices. Iowans deserve more from their banks.

Despite the enactment of the Home Affordable Modification Program, many Iowa banks are unwilling to help struggling homeowners reform their loans to allow them to avoid foreclosure.

At the same time, Iowans, like homeowners throughout the country have been victimized by the fraudulent foreclosure practices used by banks. Earlier this year various lawsuits uncovered that banks were filing foreclosure documents without verifying that the informration was correct, containing false information and without required notifications. Iowa Attorney General Tom Miller has been appointed to lead a 50 state investigation into these deceptive practices.

During this economic crisis, banks should be using all available programs to assist homeowners in keeping their homes. They are not being asked to provide free homes, but instead to reform loans to allow homeowners to continue making payments while they are suffering a temporary hardship that will avoid foreclosure. Banks certainly should not be in such a rush to foreclose on homes that they file fraudulent documents in order to achieve foreclosure as fast as possible.

Brady & O'Shea has represented numerous home owners in foreclosure actions as well as represented other victims of financial fraud.

Having Plans and Options Can Keep You and Others on Iowa Roads Safe

Thu, 06 Jan 2011 08:00:00 EST

People typically make New Year's resolutions during this time of year. If you are someone who suffers from being tempted to drive while under the influence of alcohol or drugs, consider making a New Year's resolution for 2011 - to not drive drunk or even when you are buzzed.

Don't wait until you have had too much to drink to decide your options. Instead, have a plan and alternate options to ensure you are not placed in a situation where you feel that you need to drive under the influence in Iowa.

In order to make your New Year's resolution stick, you need to make sure that driving sober is of your top priority. Here are some options to make sure you get home safely. Take a proactive approach and keep yourself, your passengers and innocent drivers around you safe from your mistake.

Before you go out - make a plan.
Ride with a friend who is not drinking.
Designate a driver.
Take a taxicab.
Have someone you can phone to pick you up.

Do not assume that you won't drink too much and that you will be able to drive home. Do yourself a favor and make a plan beforehand. Don't put yourself in danger of getting arrested for a DUI in Iowa. If you make a plan ahead of time, you will most likely stick with it. If you decide to take a taxicab, make sure you have their contact information for the end of the night.

Before you are tempted to drive drunk on Iowa roads, remember the harsh penalties that come along with being arrested for a DUI/OWI in Iowa.You could face severe penalties and fines if you drive under the influence of drugs or alcohol including:

Jail time
Fees
Driver's license revocation or temporary suspension
Installation of an ignition interlock device

In addition to the obvious penalties and fees listed above, you will also face higher insurance rates from insurance companies now that you have a DUI conviction on your driving record.

Sadly your fun night out can turn to disaster in a blink of an eye. Have your options available before you go out drinking, and think before you get behind the wheel. Also, don't let your friends drive drunk.

If you were injured in a Cedar Rapids car accident and you believe the driver to be under the influence of alcohol, contact the police immediately. In addition, contact an experienced lawyer to help you obtain the compensation you deserve. Call the law office of Brady & O'Shea today and speak with a knowledgeable Iowa personal injury attorney at (319) 866-9277.

Lessen Your Chance of a Traumatic Brain Injury in an Iowa Motorcycle Accident

Mon, 03 Jan 2011 08:00:00 EST

Most motorcycle riders have been told and know about the serious consequences of riding without a helmet. Unfortunately, most motorcycle operators (even the safest ones) can still be involved and injured in an Iowa motorcycle crash. This is because motorcyclists are not always in control, and other drivers may be to blame for not seeing a motorcyclist on the road.

If you are in a motorcycle crash without a helmet, your head can be jolted and smash into the ground, your bike, or the other car within a matter of seconds. If you don't have anything around your head protecting it, you may incur a head injury or a traumatic brain injury.

Recent studies have been conducted showing that head injury rates decrease when people wear helmets. It is also proven that medical costs decrease when helmets are worn. When head injuries are sustained in motorcycle accidents, victims have to stay in hospitals longer and have more medical costs. The study showed that motorcycle-related head injuries cost $58 million dollars in 2006, which was more than the medical costs to treat other types of motorcycle injuries.

The study indicated that a mandatory helmet law would help to reduce motorcycle injuries and fatalities and save medical costs. In fact, the study showed that there was a 38 percent higher chance that motorcyclists under the age of 21 would sustain traumatic brain injuries due to the lack of a helmet.

The impact that head injuries can have may be life-long. A motorcyclist may incur long-term disabilities needing therapy for life following a brain injury. Traumatic brain injuries can leave a victim with behavioral problems, motor skill issues, changes in personality, or even difficulty processing everyday situations. Other permanent injuries include paralysis and death, in which victims may no longer be able to work and provide for their families.

If you have been injured in an Iowa motorcycle crash due to no fault of your own, and you sustained a head injury, you should speak with a Cedar Rapids motorcycle accident attorney. You should not have to suffer for someone's negligence even if you weren't wearing a helmet. You may be entitled to financial compensation for your injuries. Call the law offices of Brady & O'Shea today at (319) 866-9277 and speak with an experienced Cedar Rapids motorcycle accident attorney for free.

Johnson & Johnson Recalls Millions of Rolaids – Iowa Drug Recall

Sun, 02 Jan 2011 08:00:00 EST

We should be able to trust that reputable companies such as Johnson & Johnson are providing safe products that consumers in Iowa and the rest of the nation can ingest. When a company does not provide this type of quality and makes defective products, they should be held liable.

On December 9, 2010, McNeil Consumer Healthcare issued a recall affecting 13 million packages of Rolaids. This is part of the Johnson & Johnson Family of Companies, which is the largest healthcare products manufacturer in the world. J&J received citations from the U.S. Food and Drug Administration (FDA) at its manufacturing plant.

The drug recall came about as consumers in Iowa and the rest of the nation were complaining of a strange smell in the product, vomiting and injury to gums and teeth due to taking the Rolaids product. Traces of wood and metal contamination were found in the product, which caused dozens of consumer complaints and injuries.

Johnson & Johnson contracted with a third party manufacturing facility in the making of these Rolaids Soft Chews. The maker of the contaminated Rolaids was named as Best Sweet of Mooresville, NC. This third party manufacturer also makes other health care products in this facility.

The public is concerned about other defective products that could have been manufactured by Best Sweet, and officials are urging the FDA to conduct further investigations on the third party plant since they manufacturer other confectionary type health care products.

Unfortunately, it appears that this is not the first issue for J&J this year, as they have been to blame for other quality control issues in over-the-counter medicine. They have also had to close down a manufacturing plant in Fort Washington, PA due to manufacturing problems and product quality issues, and have been enduring a congressional investigation.

If you have been affected by these contaminated Rolaids and you believe you are entitled to just compensation for your injuries or damages you sustained, contact an experienced Iowa product liability attorney at the Law Offices of Brady & O'Shea today. You can call us to get more information about this drug recall or to see if you qualify for a class action lawsuit. Call us today at (319) 866-9277 and we will see if you have a legal case and provide you with a free consultation.

What is an Iowa Dramshop Claim and How is it Proven?

Thu, 16 Dec 2010 08:00:00 EST

The most common type of dramshop claim in Iowa involves a restaurant, bar, or any other type of drinking establishment and a customer who consumes alcohol. If the customer is served too much alcohol, or if the customer is served alcohol when it is apparent that he is already intoxicated, the establishment serving the customer could be held liable for damages in the event of an Iowa car accident.

If the person leaves the bar, drives drunk and crashes into another car, pedestrian, or motorcycle, he can be liable as well as the restaurant that served the customer too much alcohol. The injured person can bring a lawsuit against the establishment for knowing the person was intoxicated and serving him anyway, or knowing that the person would become intoxicated.

Another type of dramshop claim is when a person who is served too much alcohol gets in a fight at the bar or outside the establishment and injures someone else. If that third party is seriously injured, he has a right to pursue compensation for his damages and hold the bar or other place of establishment liable under the Iowa dramshop liability act.

These are the two most common types of dramshop liability claims; however, there could be other types of claims involving minors. If a restaurant, bar, or any other business serves alcohol in excess to a customer (including a minor) who then causes harm to another person, the retailer can be held accountable for selling alcohol to an already intoxicated person (or minor).

There are varying degrees of comparative negligence in dramshop cases and the laws differ between states. If you have been injured by an intoxicated person, it is important to call a personal injury attorney experienced with these types of cases. Under the dramshop act, if you were injured by a drunk driver or in an assault and battery case because that intoxicated person was served too much alcohol, the establishment can be sued for personal injuries, property damages, and more.

Contact the law offices of Brady & O'Shea today at (319) 866-9277 and speak with knowledgeable attorneys who can help answer your legal questions and investigate your claim against the place of establishment to see if you have a lawsuit under the Iowa dramshop liability act.

Are Motorcycle Riders Vulnerable to Distracted Drivers?

Thu, 09 Dec 2010 08:00:00 EST

Distracted driving in Iowa and throughout this nation is a serious problem these days, and the act of distracted driving is considered negligent driving that could lead to catastrophic injuries. Distracted driving can be anything from talking on a cell phone to texting, talking to passengers, selecting music from an iPod, grooming while looking in the mirror, eating, or even reading emails.

Is there a connection between distracted driving and motorcycle fatalities?

There is a connection linking distracted driving to motorcycle fatalities on Iowa's roadways. Distracted drivers texting, talking on cell phones and doing other miscellaneous activities from behind the wheel has led to an increase in motorcycle fatalities and injuries. In fact, distracted drivers have been known to cause an increase in pedestrian and bicycle injuries and fatalities as well.

The problem with engaging in these types of activities from behind the wheel is that drivers often do not see other vehicles, motorcycles, pedestrians, or even bicycle riders on the road. This is because drivers take their eyes off the road and their minds are not entirely focused on the task at hand.

If drivers would not drive distracted and would stay alert, more lives could be saved. According to the Iowa Department of Transportation, drivers need to be more aware of other motorists including motorcyclists on the roads. This is the only way Iowa motorcycle crash fatalities will start to decrease. If all drivers started paying closer attention to the road and not their texts, injuries and fatalities would decrease on the roadways.

If you or someone you love has been seriously injured in a Cedar Rapids motorcycle accident caused by a negligent driver, you most likely are entitled to compensation for your injuries, medical bills, lost income, and more. Contact the experienced Iowa motorcycle accident attorneys at the law offices of Brady & O'Shea today and get your legal questions answered. Talking with an experienced attorney can help you decide what your next steps should be and if you have a legal case. Call us at (319) 866-9277 today for your free case evaluation.

What Factors Contribute to Iowa Motorcycle Crashes?

Wed, 08 Dec 2010 08:00:00 EST

Motorcycle accidents are some of the worst types of accidents, as there is nothing covering or protecting motorcycle riders from the harsh elements of nature when they are involved in a motorcycle crash in Iowa. Especially if no helmet, eye protection or safety suit is worn, a motorcycle rider can be seriously injured or even die as a result of crashing into another car or coming in contact with the ground or other hard surfaces.

What are the biggest factors that contribute to motorcycle accidents in Iowa?

Distracted Drivers - Other drivers are the biggest contributing factor in motorcycle accidents, as drivers don't pay attention or look out for motorcycles. If drivers of motor vehicles are distracted behind the wheel, they take their eyes off the road and bad things can occur.

Weather Conditions - Poor weather can lead to motorcycle crashes as wet or icy roads can cause riders to slide out. Also, bad weather conditions such as fog can affect other drivers who may not be able to see the motorcycle rider. Riding a motorcycle when it is rainy, snowy, icy or foggy should be avoided to help decrease the chances of a motorcycle crash in Iowa.

Road Conditions - Gravel roads, uneven surfaces, big potholes, road debris and other poor road conditions can lead to a tire blowout or a slide out. Motorcycle drivers should use caution when driving under these circumstances or avoid these conditions entirely.

Speeding - Driving too fast and driving too aggressively can lead to motorcycle accidents. If a driver is speeding, it increases their chances of losing control of their bike. Also, if a rider is speeding, another vehicle may have a hard time seeing the bike approaching because it is coming too fast.

Driving Under the Influence - When motorcycle riders drive under the influence of drugs or alcohol, it can lead to fatal motorcycle crashes. Motorcyclists driving drunk do not use their best judgment and have a higher chance of injuries or fatalities.

Motorcycle accidents do happen, and when they do there is typically no helmet or eye protection worn in Iowa as there is no helmet law in the state currently. Serious head injuries have occurred as a result of these motorcycle accidents. Motorists need to do a better job of looking out for motorcycle drivers, and riders need to slow down and wear protective gear in order to stay safe.

If you or a loved one has been involved and injured in an Iowa motorcycle accident, contact the Iowa motorcycle personal injury lawyers at the law offices of Brady & O'Shea today. There may be something or someone that was the cause of your accident, and experienced motorcycle accident attorneys know what to look for in investigating your case. Call us at (319) 866-9277 today for your free case evaluation.

Iowa Motorcycle Riders May Face New Motorcycle Helmet Law Soon

Thu, 02 Dec 2010 08:00:00 EST

Some people feel that motorcycle operators should wear a helmet to protect the motorcycle driver, while others believe wearing a helmet is an individual decision that should be left up to the rider. As we know, Iowa is one of the last three states in the nation that does not enforce a helmet law for motorcycle riders. Will this change soon?

There are a number of motorcycle riders who are injured, killed, or permanently disabled from head injuries they sustain in motorcycle accidents in Iowa and throughout the rest of the nation. Head trauma, traumatic brain injury, and other serious injuries or death are affecting more and more motorcycle riders than ever before.

Officials believe that an Iowa helmet law would help reduce fatalities and head injuries. Iowa motorcycle crashes have claimed sixty people so far this year, which is an increase in motorcycle fatalities over the last two years. The National Traffic and Transportation Safety Board (NTSB) reports that motorcycle fatalities across the nation continue to increase, with 4,400 motorcycle deaths in 2009.

Due to the alarmingly growing rate of motorcycle fatalities, the NTSB said it would like to see all of the remaining 50 states adopt a helmet law. In fact, it wants to propose a mandatory federal helmet law that would cover all 50 states.

Will Iowa motorcycle riders soon face a mandatory helmet law? Motorcycle experts believe the law will fail, just as it did in 1976. We will report more on this subject if there are any changes made to the current Iowa law. Visit our website to view our other blogs, articles, frequently asked questions and other resources for more information.

If you or a loved one has been injured in an Iowa motorcycle accident, contact the Iowa motorcycle personal injury lawyers at the law offices of Brady & O'Shea today. Speak with an experienced Cedar Rapids accident attorney to determine if you have a legal case and what compensation you may qualify to receive. Call us at (319) 866-9277 today for your free case evaluation.

Drowsy Driving – A Factor in Iowa Truck Crashes

Thu, 02 Dec 2010 08:00:00 EST

Drowsy driving has been a leading issue in car accidents and truck accidents in Iowa and throughout the nation. More and more people are busier these days, work two jobs, have demanding schedules, and just don't get enough sleep.

The new study from AAA Foundation for Traffic Safety found that 41% of drivers in the U.S. have admitted to falling asleep behind the wheel, while one out of ten drivers admitted to falling asleep driving during the last 12 months. This study also shows that over 25% of drivers admitted to having trouble keeping their eyes open while driving during the past month.

This problem not only affects drivers of passenger cars, but it is also an issue facing truck drivers. Drowsy driving is one of the biggest factors in Iowa truck crashes. Truck drivers are racing against the clock to get their deliveries to each destination on time or ahead of time. Many truckers have tight schedules and don't get as much sleep as they should or even what is required to operate a big rig.

The National Transportation Safety Board (NTSB) reported that approximately 31% of heavy truck crashes are caused from driver fatigue. Drowsy driving negatively impacts a trucker's driving skills and could lead to slowed reaction time and reduced attention. If truck drivers are tired, they may not be accurately paying attention to the road. Fatigue also decreases their reflexes and leads to slower reaction times behind the wheel.

Iowa semi truck crashes could occur due to drowsy driving because a truck driver has slower reaction times, could veer off the side of the road, jackknife, or swerve out of their lane, crashing into another vehicle. Drowsy driving is negligent driving and can lead to serious injuries and accidents in Iowa and throughout the U.S.

Drivers of passenger vehicles and tractor-trailers should not get behind the wheel if they are fatigued. If you have been injured in a Cedar Rapids, Iowa car crash or truck wreck because of a negligent driver, contact a Cedar Rapids car crash attorney at the law offices of Brady & O'Shea. Call (319) 866-9277 to speak with a knowledgeable Iowa car crash lawyer and get your legal questions answered today.

Too Many Fatal Eastern Iowa Accidents Involving Young People and Alcohol

Tue, 30 Nov 2010 08:00:00 EST

There have been far too many stories in the news about young drivers losing their lives or killing other drivers while being intoxicated. This month alone at least two serious accidents involving alcohol have claimed the lives of two young people in Iowa. Recently a 17-year-old Cedar Rapids high school student was killed in a rollover crash in which at least one of the other passengers was intoxicated.

Police are also saying that a deadly crash in Cedar Falls, which killed a young woman, was caused by the intoxication of a young driver. Police also report that many accidents are caused by repeat drunk drivers and Mothers Against Drunk Driving is encouraging Iowa Courts and the Iowa Legislature to prevent deaths caused by repeat drunk drivers. MADD wants persons convicted of driving drunk to be required to install ignition interlocks that require the driver to take a breathalyzer test before starting their car.

In Iowa few judges order drunk drivers to install interlock systems but instead allow a shorter sentence for drivers who agree to install the system. MADD wants the law changed to require the interlock system. Two-thirds of Iowans who have been convicted of driving drunk will continue to drive drunk. Punishment does not work to prevent drunk driving, but studies have shown that the interlock system does work. Losing a loved one to a drunk driver is a terrible tragedy and instead of only punishing drunk drivers with fines and jail time we should work towards preventing drunk driving and saving lives.

Shop Safe on Cyber Monday

Mon, 29 Nov 2010 08:00:00 EST

Cyber Monday sales hit the Internet today. Make sure you shop safe: protect your personal information, deal with trustworthy retailers, and closely track your purchases. Check out ten tips to avoiding online fraud while you take advantage of online deals.

Fund for Robo-Sign Victims Being Considered

Thu, 18 Nov 2010 08:00:00 EST

Major housing lenders are currently under investigation for "robo-signing" documents in foreclosure proceedings, and the Iowa Attorney General's Office now states that a fund for victims of robo-signing is under consideration.

Iowa Attorney General Tom Miller stated Tuesday while testifying before the Senate Banking, Housing and Urban Affairs Committee that his office viewed robo-signing as a serious issue:

"We view this as a chance to solve some or much of this problem that has built over the last three years. We want to figure out a way that leaves the situation a lot better than when the mess started," he said.

Factors That Lead to Iowa Truck Accidents

Thu, 18 Nov 2010 08:00:00 EST

Trucks are essential to our economy, as they deliver goods throughout our nation. However, there is a real concern for many drivers to be on the road with large trucks, as truck drivers have a poor reputation for driving too many consecutive hours and miles without taking proper breaks. Many truck drivers have incentives to get their goods delivered early, which cause them to speed, drive too long and drive tired.

These bad behaviors are what lead to the many truck accidents in Iowa and across our nation. The common reasons why truck crashes occur are typically due to negligent truck drivers participating in one of the following behaviors:

Drowsy driving - While some trucking companies follow the regulations set forth regarding the amount of time a trucker can drive, others do not. If truck drivers drive for too many hours without sleeping, they can put themselves and other motor vehicle operators in danger due to driver fatigue. Drowsy truck drivers should not get behind the wheel because they will have slowed responses and they could fall asleep while driving, which can lead to serious accidents.

Aggressive driving - Truck drivers sometimes speed or drive too aggressively to make it to their destinations ahead of schedule. If truckers are in too much of a hurry, this action can cause them to fail to yield, move in and out of traffic, speed and be negligent in their driving. All of these driving behaviors could lead to an innocent victim getting injured in a truck wreck due to a truck driver's aggressive driving.

These two examples are not the only causes of Iowa truck accidents. Other reasons truck wrecks occur include unsafe loads, not properly loaded trucks, and faulty equipment such as steering issues, brake failure and blown tires. Truck drivers and trucking companies should do a better job of maintaining their tractor-trailers and follow the rules and laws set forth by the government regarding trucking safety. Drivers of passenger vehicles should learn to not drive in a truck's blind spot, not cut trucks off and drive defensively around large trucks.

When a truck collides with a car, motorcycle or pedestrian, catastrophic injuries or death may occur. If you or a loved one has suffered spinal cord injury, head trauma, traumatic brain injury, back and neck injuries, paralysis or any other injury due to a truck wreck, contact the law office of Brady & O'Shea today. You may be entitled to financial compensation for your injuries, medical bills, lost wages and more. Call the law offices of Brady & O'Shea today at (319) 866-9277 and speak with an experienced Iowa injury attorney.

Teen Distracted Driving Campaign

Fri, 12 Nov 2010 08:00:00 EST

Distracted driving in Iowa remains a huge concern in this state and across the nation. The state of Iowa banned texting while driving as of July 1, 2010. However, authorities continue their attempt to get the message out to motorists regarding the dangers of distracted driving.

Three months after the state of Iowa banned texting while driving, police continue to tryg to spread the word and educate motorists on the dangers of texting and driving. Police have placed their focus on teenagers with a safe driving campaign message.

Because teen drivers lack experience behind the wheel, they are the ones who definitely shouldn't be texting while driving. Even though the state of Iowa banned texting while driving, many people still engage in this act of distracted driving.

The statewide campaign is "TXTNG KILLS." Iowa state police are passing out bright colorful wrist bands with this message as an innovative way to get the message out to teens about texting while driving.

According to the National Highway Traffic Safety Administration, distracted driving is anything that takes a driver's eyes off the road, hands off the wheel, and mind off the road. Texting while driving includes all three areas of distracted driving, which are:

Manual - Driver takes hands off the wheel
Visual - Driver takes eyes off the road
Cognitive - Driver takes mind off the road

Texting while driving is dangerous and can lead to Iowa car accidents. If you have been in a car crash in Iowa due to another driver's negligence, then contact the experienced Cedar Rapids accident attorneys at the law office of Brady & O'Shea today. Call (319) 866-9277 to speak with an experienced Iowa injury attorney.

Don't be a Victim of Credit Card Insurance Fraud

Fri, 12 Nov 2010 08:00:00 EST

Credit card insurance fraud and credit card protection fraud are real problems that many consumers face in Iowa and throughout the nation. Most companies or individuals that participate in these misleading business practices are telemarketers conducting cold calls to offer people credit card protection packages. Generally, these individuals prey on the elderly by scaring them or giving them misleading information.

These companies trick people into confirming their credit card numbers, and then end up charging a fee from $99 to $399. Unfortunately, the fact is that people generally receive nothing in return for this money, or else they might receive some paperwork, stickers, and a folder full of brochures and useless information. People should know that federal law provides this type of protection at no charge for credit card holders.

Things to beware of if you receive a telephone call from fraudulent credit card protection companies or credit card insurance companies include:

They may pretend to be a representative or affiliate from your credit card company to gain your trust.
They may offer credit card insurance.
They may offer a credit card protection package.
They may offer credit card loss protection insurance.
They might use scare tactics to prey on your fears.
They will ask you to verify your credit card information.
They may say they are calling to check your credit card for fraudulent activity.

These companies have their telemarketers follow phone scripts to sound professional. They look for ways to build trust with you. Do not become a victim of credit card insurance fraud or credit card protection fraud. If you want any of these services, then contact the phone number on the back of your credit card and speak directly with your card issuer.

If you have been a victim of credit card insurance fraud in Iowa, then contact the experienced consumer fraud attorneys at the law office of Brady & O'Shea. You will be able to find out if you have a legal case and what your next steps should be. Speak with a knowledgeable Cedar Rapids consumer fraud attorney today at (319) 866-9277.

US Supreme Court - Hearing on Class Action Waivers in Arbitrations

Wed, 10 Nov 2010 08:00:00 EST

As reported in an article on our website today, on November 9, the United States Supreme Court heard oral argument on a case that could have sweeping implications for class action litigation and consumer class actions in particular. The case is AT&T Mobility Services v. Concepcion and is an appeal of an action filed in California, and that has also been ruled on by the 9th Circuit Court of Appeals. The underlying case involves the Plaintiffs, the Concepcions, having entered into a contract with AT&T Mobility that included the provision of free phones. However, AT&T Mobility charged taxes of approximately $30, which the Concepcions claimed to be in breach of the contract for “free” phones.

The contract between the Concepcions and AT&T Mobility provided that any disputes between the parties would be resolved by arbitration, and waived any right to proceed on a class action basis. Notwithstanding that, the Concepcions filed a lawsuit, seeking class status, and asserted that the waiver of class action and arbitration provision violated a California law which limited the enforceability of those types of clauses. The district court judge agreed with the Concepcions and found the ban to be unenforceable as a violation of that California state law. AT&T appealed to the 9th Circuit alleging that the California law is preempted by the Federal Arbitration Act and that the contractual waiver should therefore be enforced. The 9th Circuit also agreed with the Concepcions and AT&T Mobility appealed to the U.S. Supreme Court.

In the event that the U.S. Supreme Court sides with AT&T Mobility, it would have sweeping implications for a vast range of contracts entered into by consumers. Many contracts already include arbitration and waiver of class action provisions. If the U.S. Supreme Court Agrees with AT&T Mobility, it is reasonable to expect there to be a significant increase in the inclusion of those clauses, which would be enforceable notwithstanding state laws designed to restrict the enforceability of such provisions.

Voters Remove Iowa Supreme Court Justices

Thu, 04 Nov 2010 08:00:00 EST

On April 3, 2009, the Iowa Supreme Court stunned the nation by upholding a Des Moines district judge's ruling that Iowa's law against gay marriage violated the Iowa Constitution by denying equal protection to gay couples. On November 2, 2010, Iowa voters--57% of whom disapprove of gay marriage, according to exit polls--voted to oust the three justices who were up for rentention. For further details, see our article or read the Varnum decision.

A Statement from the Ousted Iowa Supreme Court Justices

Thu, 04 Nov 2010 08:00:00 EST

After being removed from the bench by Iowa voters on Tuesday, the three high court justices---Justice David Baker, Justice Michael Streit, and Chief Justice Martha Ternus--issued a statement in support of Iowa's merit-based selection system for judges, but expressing concern for the preservation of politically impartial courts:

"...[W]e hope Iowans will continue to support Iowa's merit selection system for appointing judges. This system helps ensure that judges base their decisions on the law and the Constitution and nothing else. Ultimately, however, the preservation of our state's fair and impartial courts will require more than the integrity and fortitude of individual judges, it will require the steadfast support of the people."

Read the full statement here.

Is Lead in My Paint?

Wed, 03 Nov 2010 08:00:00 EST

One of the leading causes of lead poisoning is paint. Most homes in Iowa built before 1950 contain lead-based paint. In fact, children living in homes built before 1978 have the highest risk of lead poisoning. Lead can be breathed in from paint dust and chips. The paint may not pose a problem in everyday life if it isn't peeling. However, it becomes a problem when you remove, strip, or sand the paint, because lead dust gets released into the air.

If you decide to remodeldeling and strip the paint from your walls, make sure that you are not disturbing the lead-based paint. You may be poisoned by the lead if you try to remodel or repaint a home with lead-based paint. Hire a qualified expert before you do anything.

If you live in a pre-1950s home, your child could get a hold of paint chips, dust, or contaminated soil. Children often put their hands to their mouths, and if they have dust or soil on their hands, they will swallow lead within a matter of seconds.

The Iowa Department of Public Health warns of childhood lead poisoning, which especially harms the developing nervous systems and brains of children under six years old. If a child has a high blood lead level, his mind, intelligence, and hearing is affected. Lead poisoning can lead to brain damage or even death.

If your child has been exposed to lead, contact an experienced Iowa child lead poisoning attorney to get your legal questions answered. The attorneys at the law offices of Brady & O'Shea will listen to your concerns and discuss your legal options. Call the Cedar Rapids lead poisoning attorneys at Brady & O'Shea at (319) 866-9277 for a free legal evaluation today.

Product Liability Lawsuit Filed Against John Deere

Tue, 02 Nov 2010 08:00:00 EST

A product liability lawsuit has been filed against John Deere by the family of a man who fell from a bulldozer when his seatbelt failed and was then run over by the bulldozer. The lawsuit claims that the seatbelt on the bulldozer was defective and that the bulldozer should have been equipped with a pressure sensitive switch that would cause the machine to stop running if the driver was no longer seated. The family of the victim has brought claims for negligence and strict liability against John Deere and the seatbelt manufacturer.

Brady and O'Shea has represented numerous persons who have been injured by defective products including a claim based on a defective seatbelt. Brady and O'Shea also represents persons injured or killed in farm and agricultural accidents.

Learn How to Detect and Prevent Lead Poisoning in Children

Mon, 01 Nov 2010 08:00:00 EST

Sadly, innocent children get exposed to lead in Cedar Rapids and throughout this nation even before they are born. A child may have already absorbed lead during pregnancy if the mother was exposed. The mom may not have even know she was exposed to lead because all it takes to absorb lead into the body is to breath materials that contain lead, skin contact by touching lead, and ingesting food or drinks that contain lead.

Unfortunately most adults do not know that they have come in contact with lead or ingested lead-contaminated products. Because this heavy metal can be exposed in the form of dust or fumes, it can be transferred home on a person's hair, clothes and even skin. It can stay in the car or home, exposing one's family and children to this toxic metal.

Adults who are exposed to lead need to take it seriously; however, if children are exposed to lead, it is an extremely critical issue and could have long-lasting affects to their bodies. Because a child's brain and nervous system are not fully developed, high lead levels can cause harmful affects including: learning disabilities, behavior problems, speech delay, hearing loss, hyperactivity, attention deficit disorder, stunt in growth and cognitive damage, among others.

Even though the law in before entering kindergarten, it would be wise Iowa requires children to get tested for lead poisoningto get children tested earlier. In order to protect your family from experiencing lead poisoning in Cedar Rapids, you should:

Have your child tested for lead poisoning
Have your home checked for lead (lead paint)
Keep your child's hands and toys as clean as possible
Dust surfaces in the house such as windowsills
Keep floors clean and dust off shoes before entering the house

Children living in homes built before 1970 have a higher risk of being exposed to lead poisoning because of the likelihood of lead based paint in the home. This is also true for children who attend day care at a school or someone's house that was built before 1970. Have your child tested for lead poisoning as soon as possible.

If your child has suffered lead poisoning, contact an experienced Iowa child lead poisoning attorney to get your legal questions answered. The law offices of Brady & O'Shea will discuss your options, give you sound advice, and inform you of your next steps to take. Call the Cedar Rapids lead poisoning attorneys at Brady & O'Shea today at (319) 866-9277 for a free legal evaluation.

Judicial Retention Election - Our Thoughts

Fri, 29 Oct 2010 08:00:00 EST

We are posting this message on our website blog because we believe that the well-financed campaign urging voters to vote not to retain the three Iowa Supreme Court justices whose names appear on the ballot is misleading Iowans about the role of the Iowa Supreme Court in deciding important issues that affect our lives. Current polls suggest that the vote will be very close and is being strongly influenced by the “vote no” campaign. Judges do not campaign, so the advertising has been very one-sided.

The Iowa Supreme Court has a long and honorable tradition of protecting the constitutional rights of all Iowans. Those decisions have often been controversial, including its very first ruling—in 1839—that slavery could not exist in Iowa, and its 1868 decision that Iowa schools could not be racially segregated. The U.S. Supreme Court did not reach that conclusion until 1954. The Iowa Supreme Court’s tradition of standing at the forefront of protecting citizen’s rights is thoroughly discussed in greater depth in an article by Iowa journalist Michael Gartner and is available on our website at http://www.iowa-personal-injury-law.com/library/101029_Article___Justice_is_Blind_by_Michael_Gartner.PDF.

As Gartner notes, the Iowa Supreme Court has issued 10,014 decisions in its 171 year history. Among them are rulings that protect our most fundamental rights, including our rights to raise our children, earn a living, own property, and live free of significant governmental intrusion in our lives. However, the current campaign to remove Iowa’s justices is based on only one ruling—also highly controversial—that a 1988 amendment to Iowa’s marriage statute that prohibited marriage unless it was between a male and a female, violated the State Constitution’s requirement that all Iowans receive equal protection under the law.

You may or may not agree with this ruling. Odds are you have not read it in its entirety, since it is 69 pages long. It also is posted on our website at http://www.iowa-personal-injury-law.com/library/101029_Varnum_v._Brien.PDF, since it serves as a good example of the process by which a court struggles with, analyzes and resolves difficult decisions about individual rights.

We are not writing to tell you how we believe you should vote—that is one of the rights that the Iowa Supreme Court has always assured is yours and yours alone. But we would urge you to evaluate the Iowa Supreme Court justices based on your assessment of their overall performance, and not on the unpopularity of a single ruling. We also urge you to vote, and to complete your ballot concerning judicial retention this year more than any other.

The Iowa Supreme Court website—which thankfully is NOT a political website—includes background information for all three of the judges whose names are on the ballot. While it is only one source of information, an Iowa lawyers’ poll that routinely is held before elections gave the three justices average ratings of approximately 4.3 out of 5 (good to excellent) on 10 criterion traditionally regarded as indicators of judicial performance (including knowledge and application of law, reasoning, demeanor, and equal treatment of parties). The lawyers also voted for retention at the following percentages: Marsha Ternus – 72%; David Baker – 82.8%; and Michael Streit – 83.7%. The 3,284 lawyers who voted come from all political, social and religious backgrounds. Their strong vote for retention is based on overall performance and not the popularity of one decision.

The full poll and other background concerning the Iowa Supreme Court justices is available at the Iowa State Bar Association website, http://iowabar.org/.

We hope this information is helpful to you in making your decision on Tuesday. Thanks for the taking the time to consider it.

Class Action Lawsuit Filed Over Facebook Privacy Breach

Fri, 22 Oct 2010 08:00:00 EST

Zynga, provider of certain Facebook apps including Farmville, has been sued in a Federal Class Action Lawsuit over a recently reported Facebook privacy breach. The lawsuit arises out of Zynga's sharing of Facebook user names with advertising and marketing companies. This privacy breach was recently discovered by the Wallstreet Journal. The lawsuit alleges claims including violations of The Electronic Communications Privacy Act, The Stored Communications Act, California's Unfair Competition Law, Computer Crime Law and The Consumer Legal Remedies Act.

Marshalltown, Iowa Observes National Lead Poisoning Prevention Week

Fri, 22 Oct 2010 08:00:00 EST

Marshalltown, Iowa is recognizing October 24th-30th as National Lead Poisoning Prevention Week and encouraging all residents of Marshalltown to join in the fight against lead poisoning. Mayor Gene Beach recently issued a proclamation recognizing lead poisoning prevention week and calling to the public's attention the serious problem of lead poisoning in Iowa and in Marshalltown. Marshalltown has a lead poisoning rate ten times the national average. According to the Iowa Department of Health, Iowa's rate of lead poisoning is four times the national average-1 in 14 Iowa children suffer from lead poisoning.

Mortgage Lenders Improperly File Foreclosure Documents

Thu, 21 Oct 2010 08:00:00 EST

Foreclosure proceedings throughout the country have uncovered that mortgage lenders such as GMAC, JPMorgan Chase and Bank of America may have filed fraudulent documents in order to speed up the foreclosure process. Depositions of employees of mortgage lenders have uncovered that numerous employees signed affidavits in support of the foreclosure proceedings without even reading them. This practice, which the press has termed "robo-signing" appears to be widespread and has prompted an investigation by attorney generals throughout the nation and by private attorneys representing homeowners that were victimized by the fraudulent practice.

Brady and O'Shea's Real Estate Department has represented homeowners in foreclosure proceedings and their Litigation Department has represented numerous victims of consumer and financial fraud.

Parents File Class Action Over Contaminated Similac

Wed, 20 Oct 2010 08:00:00 EST

The mother of a newborn baby boy has filed a class action lawsuit in federal court in Chicago claiming Abbott Laboratories, the manufacturer of Similac, engaged in deceptive business practices by failing to disclose to consumers that Similac contained beetles and beetle larvae immediately upon discovering the contamination.
The suit claims that Abbott knew about the contamination six days prior to announcing it to the public and that numerous babies became ill unnecessarily during the time that Abbott withheld the information about the contamination. Abbott issued a massive recall of Similac in late September.

Tire Defects Can Lead to Deadly Car Accidents

Tue, 19 Oct 2010 08:00:00 EST

Tires are the primary contact between our vehicles and the road. In order for tires to have optimal performance, certain tires should be used on specific vehicles and should be inflated according to the manufacturer's instructions. When a tire is defective, innocent people can get seriously injured or killed. Often when a tire blows out, vehicles roll over or lose control and spin out causing an Iowa car accident.

Most of us have heard of the major tire recall in 2000 by Bridgestone Firestone that affected Ford Explorers. Sadly, officials have estimated that there were approximately 3,000 catastrophic injuries and 250 fatalities associated with these defective tires. In this situation, the tread peeled off certain tires causing the Explorer to roll over and crush the occupants in the SUV.

As this recall received a good amount of attention, more and more lawsuits were brought against the manufacturer and many regulatory groups and government safety organizations started conducting investigations that have remained ongoing. One such group that continues to post monthly recall reports on defective tires (link to Defective Tire Library Article) is the National Highway Traffic Safety Administration. This website is a wealth of good information regarding current tire recalls.

Tire defects continue to be a problem. When tires fail, traffic accidents are very likely to occur and serious injuries or fatalities can occur as a result. If you or someone you love has been injured in an Iowa car crash and you believe it was due to defective tires, contact an experienced Cedar Rapids product liability attorney and we will investigate your case and provide you with the next steps. Call us today at (319) 866-9277 and speak with one of our knowledgeable product liability lawyers at Brady & O'Shea.

False and Misleading Claims by Drug Manufacturers

Mon, 18 Oct 2010 08:00:00 EST

Major drug manufacturers are routinely making false and misleading claims about their drugs and failing to adequately notify consumers about the risk. The FDA has issued warning letters to numerous drug makers in 2010 for claiming that their drugs are more effective and safer than the actually are. In 2010 the FDA has issued warning letters to big name pharmaceutical companies, including AstraZeneca, Novartis Pharmaceuticals, Eli Lilly & Co. and Jazz Pharmaceuticals, along with many more, for making claims in advertising and packaging materials that were false and misleading. Johnson and Johnson has recently been hit with two large jury verdicts because of misleading claims it made about Risperdal.

Consumers have a right to know how effective the drugs they are purchasing actually are and they certainly should be informed of all the risks. Brady & O'Shea has brought claims for failing to adequately warn consumers of risks associated with a drug against multiple product manufacturers, including Pfizer based on misrepresentations it made about the safety of Chantix.

Is Vaccine Court Fair?

Thu, 14 Oct 2010 08:00:00 EST

There is an ongoing debate between vaccine manufacturers and the families of people who have been injured by a vaccine about whether the near immunity from liability given to vaccine makers is fair. This debate is making headlines this week as the US Supreme Court hears an important case about whether vaccine makers can be held liable in certain types of product liability lawsuits.

Vaccine makers and the American Academy of Pediatrics are in favor of limiting vaccine makers' liability for vaccines that cause injuries. They say that drug manufacturers will stop making vaccines if they are subjected to product liability lawsuits and that vaccines do much more good than harm. The parents of children who have been injured by vaccines say that product liability lawsuits in civil courts are the best way to make sure that vaccine makers are developing and selling the safest possible vaccines. Right now, children who are injured by vaccines can seek compensation from the Vaccine Court, but only for injuries that the Court has found to be linked to the vaccine.

Radio Show Host Acccused of Real Estate Scam

Wed, 13 Oct 2010 08:00:00 EST

The SEC has accused prominent radio talk show host Barbra Alexander of promoting her own fraudulent real estate investment scheme and misappropriating investors' funds for her own personal use - including spending $200,000 to remodel her kitchen. After luring investors with promises of 12% returns on their funds, Alexander and her partners, in "the classic hallmark of a Ponzi scheme", used new investors' funds to repay old investors after siphoning off funds for personal use.

Tips to Protect Your Trade Secrets

Tue, 12 Oct 2010 08:00:00 EST

Companies often invest a large amount of time and money creating a product and refining the manufacturing, processes, and operations. The last thing a company wants is for its competitors to get their hands on the same information. This knowledge is what is giving one company the market dominance and market share over its competition.

Companies have been known to obtain trade secrets using industrial espionage and other illegal measures. Every company should learn how protect its confidential information before it is too late.

Tips to Protect Trade Secrets:

Inventory Information - A company should take inventory of its significant information that gives them the edge over the competition. Maybe it's a recipe or maybe it's a process that has been crafted over the years; nevertheless, this information needs to be protected.
Craft Contracts - Have your employees sign a non-compete and non-disclosure contract. Any vendors and third parties you use in manufacturing or in any other aspect of your business should also sign a contract.

If you find out that a former employee gave your trade secrets to another competing business or started a similar business, you have legal rights to your information. An Iowa business litigation attorney can help you file a lawsuit, seek damages and fight for your rights.

The Law Offices of Brady & O'Shea can help protect your confidential information by working with your company and providing you with the knowledge and tools to protect your trade secrets. We have years of experience crafting contracts and have a variety of agreements to help you protect your valuable information. Contact the law firm of Brady & O'Shea today at (319) 866-9277 and speak with a knowledgeable Iowa business litigation attorney to find out your legal options.

How to Tell if Your Loved One is Suffering Nursing Home Abuse

Tue, 12 Oct 2010 08:00:00 EST

Do you believe your family member is suffering from elder abuse at the hands of nursing home staff members? Have you seen signs of the abuse? Has your loved one shared with you what he or she has suffered? Sadly, nursing home abuse in Iowa and throughout the nation is a very real problem.

You might not know what to do or how to help, but what you choose to do next could help save your loved one.

Start visiting frequently and at different times of the day.
Tell the doctors, nurses and certified nursing assistants (CNAs) of your concerns.
Involve the director of nurses and the director of the nursing home.
Contact the Iowa Department of Human Services.
Contact an experienced Iowa elder abuse attorney.

After you have done all the necessary things you can do to get involved, do not stop there. Continue to visit the nursing home often, and talk with a knowledgeable nursing home abuse attorney to find out the next steps you can take.

If your loved one has suffered from nursing home abuse, the Law Offices of Brady & O'Shea can help you investigate the situation, provide you with your next steps, and help you pursue legal action. Call our experienced Iowa nursing home abuse attorneys today and let us help you through this difficult time. Call (319) 866-9277 today.

Lead Poisoning From Sources Other Than Paint

Mon, 11 Oct 2010 08:00:00 EST

Chipping and peeling lead paint is the leading cause of childhood lead poisoning, however, lead poisoning can also be caused by lead contaminated dust, lead in soil, lead from industrial sources, products containing lead and lead in drinking water. Lead contamination in the air and soil are often found near lead smelters, waste incinerators, utilities and lead-acid battery manufacturers. Common renovations also are known to create lead dust and contaminate the soil near the renovated property. To protect against this risk, the EPA has recently enacted a rule requiring contractors to use lead-safe work practices.

Also, some products have been found to contain excessive levels of lead, including children's products. The Consumer Product Safety Commission maintains a list of products recalled because of excessive levels of lead on its website.

Iowa Attorney General Requests a Halt to Foreclosures

Fri, 08 Oct 2010 08:00:00 EST

Iowa Attorney General Tom Miller has called on three major mortgage companies to halt pending foreclosures in Iowa. His office has been in contact with three companies, Ally Financial, formerly GMAC Mortgage, Bank of America and JP Morgan Chase, requesting that they suspend pending foreclosure proceedings in the state.

On September 24, Miller's office announced that it was investigating Ally Financial after being informed that in a number of foreclosure cases affidavits submitted by the company were not based upon personal information as required by Iowa law. Since this announcement, other lenders have publicly disclosed that they have routinely submitted unverified foreclosure affidavits in Iowa and elsewhere.

If you believe that you have been subjected to such improper foreclosure practices, contact the lawyers of Brady & O'Shea at (319) 866-9277 or call the Iowa Attorney General's Consumer Protection Division at 1-888-777-4590.

Baby Suffered Erb's Palsy from an Iowa Hospital – What Now?

Fri, 08 Oct 2010 08:00:00 EST

After you have a baby in Iowa, you expect that you have gotten through the biggest hurdle - pushing. However, there are rare complications during the labor and delivery process that could lead to a catastrophic birth injury in Iowa and throughout the nation. Approximately one to two babies in one thousand births will have Erb's Palsy, also known as a brachial nerve injury.

Erb's Palsy is a result of a nerve injury that typically occurs from one of the following during the delivery process:

Excessive pulling on a baby's shoulder in a head-first delivery
If the baby's neck and head are drawn to the side when the shoulders exit the birth canal
A feet-first (breech) delivery, which creates excessive pressure on the arms
When larger-than-average babies cause shoulder dystocia
Prolonged labor and difficult labor

Because this injury is caused at birth, the condition is generally noticed immediately. If your infant was injured at birth, look for lack of motion or grip in the affected hand, lack of reflex, or your baby holding its arm stiff against the body. If you suspect injury, immediately notify the doctors and contact an Iowa birth injury attorney.

Because this injury is caused from stretching the nerves, it typically heals within six to twelve months; however, if nerves are torn more permanent damage can take place. If stretching caused the injury, the baby will need physical therapy to fully recover. If nerves were torn, surgery may be required.

If your baby was injured at birth, contact a Cedar Rapids catastrophic injury lawyer at Brady & O'Shea today. You will want to speak with someone who knows how to proceed with these cases, and you will need compensation for your medical bills, your baby's physical therapy, and surgery (if needed). Call today at (319) 866-9277 and speak with a knowledgeable birth injury lawyer regarding your options.

President Obama Declines to Sign Bill Designed to Speed Up Foreclosures

Thu, 07 Oct 2010 08:00:00 EST

President Obama has decided not to sign a bill intended to speed up foreclosures being processed by state and federal courts. The bill would have required state and federal courts to recognize documents that were notarized in other states. Various housing advocates and attorneys warned that the billl might have made it more difficult to challenge the legitimacy of foreclosure records at a time when reports of improper foreclosures are on the rise.

If you believe that you have been subjected to improper foreclosure practices, contact the lawyers of Brady & O'Shea at (319) 866-9277.

Jury Awards Nearly $21 Million to Victim of Lead Poisoning

Thu, 07 Oct 2010 08:00:00 EST

A Baltimore jury has awarded a 23-year-old woman nearly $21 Million in a lawsuit brought aginst the Baltimore Housing Authority for lead poisoning she suffered while living in an apartment owned and operated by the Authority. The jury awarded $825,000 in economic losses and $20 million in non-economic losses. The non-economic losses will likely be reduced because Maryland has a $350,000 cap on non-economic damages. The Plaintiff in the case suffered a loss of at least 10 IQ points from the lead poisoning, which made her of below average intelligence. Lead poisoning is known to cause a decrease in IQ as well as other injuries.

Brady and O'Shea previously brought a case against the City of Cedar Rapids based on lead poisoning that had occurred while a child was residing in a property that had previously been inspected for lead by the Cedar Rapids Housing Department because the property owner received Section 8 housing assistance. The case was resolved through a confidential settlement.

Verizon agrees to refund up to $90 million in excess charges for web access

Wed, 06 Oct 2010 08:00:00 EST

Under scrutiny of teh Federal Communications Commssion, Verizon Wireless has agreed up refund up to $90 million dollars to 15 million customers whowere each charged $2 to $6 when they accidentally accessed the Internet on their phone. The FCC plans to coninue with its 10 month old investigation into the charges.

Traffic cameras generate revenue; do they save lives?

Tue, 05 Oct 2010 08:00:00 EST

The Cedar Rapids Gazette reported on October 4, 2010 that Cedar Rapids traffic cameras have generated more than $600,000 in revenue in less than seven months, on pace for an estimated $1 million during the first year of operation. The estimate exceeds original estimates by more than 25%.

The new data raise a series of questions:
1) Why are revenues higher than the original estimate?
2) What plans exist for the use of the additional revenue?
3) Most significantly, are the cameras preventing accidents and injuries and saving lives?

The chief of police has reported that, while crashes within Cedar Rapids have decreased about 8% and crashes involving injuries have decreased 12% compared to last year, there is not yet comparable data to determine if intersections and roads where cameras are installed are safer.

No one should want intrusive cameras generating traffic citations just for the sake of additional revenue. The focus should be on avoiding injuries and saving lives—and data should be tracking the results. After all, that was the primary justification for installing cameras in the first place.

Why I Don't Need to Hire a Credit Repair Company in Iowa

Thu, 30 Sep 2010 08:00:00 EST

In today's society, thousands of Americans are suffering from bad credit in Iowa and across the country. This typically occurs from too much debt, late payments, debt settlement, bankruptcy, and foreclosure among other things. Because of poor credit scores and too many companies offering to make your credit better, you might fall victim to an Iowa credit repair scam.

If a credit repair company promises that they can fix your credit, do not fall for their promises. A credit repair company should be forthright and let you know that you can try and repair your own credit. If you would rather not or do not have the time, you can pay a company to dispute inaccurate information on your credit report. The only information that can be disputed is old information over seven years or incorrect information.

The credit repair company should review your credit report with you to verify the old or inaccurate information and should explain the process. They will have to write letters to each of the three credit bureaus asking for the incorrect or old items to be removed from your credit report. The three credit bureaus (Experian, TransUnion, and Equifax) will launch their own investigations into your matter with each particular creditor. The investigation typically takes 30-45 days. After this time, the bureau will either delete or correct the mistakes in your credit report that it cannot verify.

Not all credit repair companies in Iowa are bad. The good companies have been approved by the Iowa attorney general's office, have legitimate contracts, look at your overall picture, provide some type of credit counseling, and their practice follows the Credit Repair Organizations Act.

Remember, you can do everything a credit repair company can do. Being desperate for good credit can leave you open and vulnerable to credit repair scams. The only thing that can really help your credit report is time because items fall off after seven years or ten years for bankruptcy. If you have been taken advantage of and are a victim of credit repair fraud, contact an Iowa consumer fraud attorney at the law firm of Brady & O'Shea today at (319) 866-9277 and speak with a knowledgeable lawyer to find out your legal options.

Do Not Become a Victim of a Catastrophic Pedestrian Accident in Iowa

Fri, 24 Sep 2010 08:00:00 EST

While most pedestrians in Iowa are aware they should look both ways before crossing the street, there are still unavoidable accidents that pedestrians become victim to. Did you know that pedestrian accidents accounted for 12% of motor vehicle deaths in the U.S. in 2008? This statistic is alarming; however, the numbers have declined since 2002. This is due in part because overpasses, barriers, and underpasses have increased; signal timing at intersections has been improved in Iowa and throughout the nation; and driver/pedestrian awareness has been focused on.

Even though the statistic has decreased, pedestrian accidents are still severe in nature. Pedestrians can sustain catastrophic injuries or even die as a result of being hit by a car. The following types of accidents involving pedestrians are common:

Struck while crossing a crosswalk or street
Struck by a vehicle that is reversing and backing up
Struck when a car enters or exits a parking lot
Struck by a red light violator
Struck by a drunk driver

Because pedestrians are thrown onto the ground, under the car, or onto the hood of the vehicle, severe injuries are sustained. Head injuries such as a closed head injury, traumatic brain injury, or brain hemorrhage are common yet catastrophic injuries pedestrians suffer. Other severe injuries include nerve damage and leg, back, and neck injuries. If a pedestrian is run over by a speeding vehicle, death may occur. Reducing speeds can reduce pedestrian deaths and save lives.

If you or a loved one has been hit by a vehicle and have sustained serious damages, contact the law firm of Brady & O'Shea today. Our experienced Iowa injury attorneys will evaluate your situation and present you with your legal options. Our initial consultation is free, so call us today at (319) 866-9277 and start your road to recovery.

Toyota Settles Lawsuit with Family Killed in Crash

Tue, 21 Sep 2010 08:00:00 EST

Toyota has reached a confidential settlement with the relatives of Mark Saylor, Cleofe Saylor, Mahala Saylor and Chris Lastrella, who were all killed in August 2009 when the Lexus they were travelling in sped out of control and crashed into a ravine. Two months after the tragic accident, Toyota began a recall that eventually led to eight million vehicles beging recalled. Most lawsuits relating to the recall are still pending in the Southern District of California.

Brady and O'Shea filed a class action lawsuit on behalf of Iowa Toyota owners under Iowa's Consumer Fraud Act, seeking recovery of, among other things, the lost value of the vehicles as a result of the recall.

Living With Paralysis in Iowa

Thu, 16 Sep 2010 08:00:00 EST

If you have suffered from a catastrophic injury in Iowa it is likely that you will suffer from a permanent disability associated with the injury. Having a serious, traumatic injury that you are not expected to recover from is shattering and life altering. You probably have many questions and are not sure what your future holds.

One type of catastrophic injury is paralysis. Paralysis is described as a specific limb or muscle group that suffers from a complete loss of strength. Severe damage from an Iowa car accident could cut off the brain's ability to control or move a muscle, which could cause a complete loss of the nerve and stop muscle movement in that specific area. This is called paralysis.

If you have suffered from paralysis in Iowa, you will probably undergo daily therapy and your life as you knew it has changed. You have to find new ways of doing your everyday basic activities, and you will need to rely on others for help. Having a good support team is invaluable. We know this time in your life can be extremely difficult and stressful.

Many victims of Iowa car accidents live with some form of paralysis, spinal cord injury or traumatic brain injury that affects their ability to perform daily routines. If your catastrophic injury was brought about by a car crash caused by a negligent driver, you should contact an experienced Iowa personal injury lawyer at the Law Offices of Brady & O'Shea today.

Call (319) 866-9277 and speak with an experienced Iowa injury attorney. Brady & O'Shea can help you obtain the highest financial compensation possible. They understand that money cannot take away your paralysis or other serious injuries, but it will help you get what you need to live a more comfortable life in your condition.

Injured by a Defective Product - Now What?

Thu, 16 Sep 2010 08:00:00 EST

If you have bought a product only to find out that it is defective, you are most likely a victim of defective product fraud. If you have been injured by this defective product, there are certain things you need to do and not do following your injury. Reading and following these tips might help protect your rights and your legal case.

Save the product's packaging. If possible, keep the product's box, brand name, serial number, model number, and anything you have about the product. If there was an advertisement that promised a certain thing but was not delivered, save that too.
Keep the defective product. If the product was defective, keep it or whatever is left of it to be used as evidence in your case.
Get witnesses' information. If there were any witnesses to your injury from the defective product, write down their names and contact information.
Keep silent. Do not discuss the case with anyone else, not under any circumstances. Beware: the manufacturer may have a representative contact you, or they might hire a private investigator to take your statement.
Speak to a lawyer. When a defective product injures you, you can fight back. Talk with an experienced consumer fraud attorney to find out your options.

When a defective product is designed poorly or is faulty and the product injures you, other consumers in Iowa and around the country might have experienced the same problem with that product. There might already be a consumer class action lawsuit for this injury or wrongdoing. To find out if a class action suit may be possible, call Brady & O'Shea at (319) 866-9277 and speak with a knowledgeable Iowa class action attorney today.

Why You Need a Lawyer to Handle Your Business Insurance Coverage Dispute

Wed, 08 Sep 2010 08:00:00 EST

Insurance companies are extremely happy to have your company's business and charge you monthly or annual premiums for insurance coverage; however, in the event of a loss that your company has suffered, they are very quick to deny or undervalue your insurance claim. We have seen this happen numerous times with many local Iowa businesses.

It is often hard for individuals and even business owners to understand the details of insurance contracts. In order for business owners to get the insurance company to fulfill the agreed-upon coverage, many small, medium and even large businesses need the assistance of an experienced Iowa business litigation lawyer to dispute an insurance bad faith claims.

If your company suffered damage from a fire, flood, or theft, you cannot afford for the insurance company to deny your claim or undervalue your claim. You need your insurance company to be there for you, and often this is not the case. Unfortunately, this happens all too often, and is a typical type of property insurance claim we see frequently.

With the help of an experienced Iowa business litigation lawyer, you may be able to recover from your company's direct loss. Do not let the insurance company deny your claim or undervalue your claim without having a knowledgeable attorney review your case. Call the law firm of Brady & O'Shea today at (319) 866-9277 for your free consultation.

Jury Awards Family $132 Million in Lawsuit Against Ford Motor Company

Tue, 07 Sep 2010 08:00:00 EST

A Mississippi jury awarded the family of Brian Cole, a New York Mets baseball prospect, $132 Million in a product liability lawsuit against Ford Motor Company. The lawsuit claimed that Cole's Ford Explorer rolled over and that Cole was ejected because of a defective seatbelt. This is the largest jury verdict ever awarded against Ford involving an Explorer or Expedition.

Brady & O'Shea filed a similar lawsuit against an auto manufacturer for a defective seatbelt, after our client was ejected and partially paralyzed during a rollover accident. Our client and his wife received a confidential, satisfactory settlement.

Spinal Cord Injury Statistics

Wed, 01 Sep 2010 08:00:00 EST

Every year many people in Iowa, as well as thousands of people across the United States, sustain spinal cord injury. Did you know that there are approximately 11,000 to 12,000 new cases of spinal cord injury in our nation each year? Sadly, there are over 200,000 Americans living with a disability related to a spinal cord injury, according to the Centers for Disease Control and Prevention.

Research shows that spinal cord injury is caused by the following activities:

40% - car, motorcycle, truck crashes
28% - falls
15% - acts of violence
8% - sport injuries
9% - other

These approximate percentages prove that the main cause of spinal cord injury occurs from motor vehicle accidents in Iowa and throughout the nation. Falls account for the second highest cause of this injury, and studies indicate that falls are more frequent after the age of 65. Violence is the third cause of spinal cord injury, and typically includes knife or gunshot wounds. Sporting injuries and recreational activities account for the fourth highest cause of spinal cord injuries. Because all these injuries are caused from some sort of sudden blow to the back, neck, or spine, it is considered to be a traumatic spinal cord injury.

Nontraumatic spinal cord injuries generally account for the "other" category. These injuries are typically brought about from diseases such as cancer, osteoporosis, arthritis, disk degeneration, infection, or inflammation of the spinal cord.

Many victims of spinal cord injury live with some form of paralysis that affects their ability to perform routine activities. They will need ongoing medical care and assistance in order to live with their disability long-term. If you or someone you love has been injured and suffered spinal cord injury, contact the Iowa personal injury lawyers of Brady & O'Shea today at (319) 866-9277.

Paralysis is a Nightmare that Becomes Reality for Many Iowa Accident Victims

Tue, 31 Aug 2010 08:00:00 EST

There are many types of injuries that you or a loved one can suffer from an Iowa car accident. Some are worse than others.

A spinal cord injury is a major risk of a vehicle accident. In fact, car crashes account for nearly 40 percent of all new spinal cord injury cases. Unfortunately, spinal cord damage can lead to lifelong paralysis.

Paralysis involves the loss of movement and sensation and occurs when the spinal cord becomes injured. Your spinal cord runs downward from the base of your brain to the area just above your waist and consists of nerve cells and groups of nerve tracts. These nerve tracts extend from your spinal cord and travel throughout your body. They are responsible for carrying commands from your brain to the rest of your body. This is what allows your brain to tell your body to move. It is also responsible for feeling sensations such as heat, cold, pain and pressure.

When the spinal cord becomes injured, the damage can permanently prevent the nerve tracts from carrying out those commands from your brain. You can become paralyzed and unable to move and feel sensations.

Not only can the physical damage be permanent, but the financial problems can be irreparable, as well. It can leave you and your family concerned over how medical expenses and household bills will be paid.

If you have suffered a spinal cord injury in an accident caused by a negligent driver, you should contact an experienced Cedar Rapids injury attorney at Brady & O’Shea, PC, at 319-866-9277. We will review your case, free of charge, to determine your best options.

Iowa City Woman Found Guilty in Obama Records Case

Thu, 26 Aug 2010 08:00:00 EST

The jury in a Davenport, Iowa federal court trial has found Sandra Teague, 54, of Iowa City, guilty of illegally accessing then-candidate Obama's student loan records. Teague was charged with one count of exceeding authorized computer access, a Class A misdemeanor. She claimed at trial that someone else had accessed the records using her information. The jury deliberated Wednesday morning and returned a verdict just before noon. Ms. Teague faces up to a year in prison and a $100,000 fine.

Ms. Tegaue was one of nine people charged with accessing the records while they were employees of Vangent Inc. in Coralville. Seven of the nine defendants have pleaded guilty or are scheduled to do so, and one other case remains set for trial.

Read more local coverage of the verdict here.

Common Reasons Why Partnership Disputes in Iowa Occur

Wed, 25 Aug 2010 08:00:00 EST

The negative impact a partnership dispute has on a business is huge. Typically, when a partnership dispute occurs at a smaller business, the impact is greater than with a larger partnership. Often times this leads to tense working conditions and ultimately the demise of the business.

How can business partners in Iowa prepare for issues ahead of time?

Business partners should have a thorough and detailed partnership agreement established prior to any questionable situations that arise. This should be a formal, written agreement that maps out the profit sharing and other parameters of the business agreement. An experienced Iowa business attorney would be helpful in the drafting of the contract.

Why do disputes between business partners occur?

There are times when business partners do not agree on the path that their business is taking, which results in a dispute. There are generally four main reasons why business partnership disputes in Iowa occur:

Financial issues - This can result from one partner taking too much cash out of the business, or both partners having different financial needs. The financial aspect is the most difficult part of a partnership and needs to be managed and planned out carefully.
Profit sharing arrangements - This can result because one partner is unhappy with the other partner's input into the business (or lack thereof), and he does not feel that the profits should be shared equally.
One partner wants out - When one partner wants to leave the business, the details surrounding this departure could be messy and can cause complications.
Other factors - There are other external factors such as a partner having a long-term illness, marriage problem (going through a divorce), or financial problem that can lead to a business partnership dispute.

Because partnership disputes can be messy, it is beneficial for business partners to agree in advance how these situations should be dealt with. Seek the advice of an Iowa business litigation attorney prior to starting a business by contacting the law firm of Brady & O'Shea at (319) 866-9277 today.

How Does a Class Action Lawsuit Work?

Wed, 25 Aug 2010 08:00:00 EST

A class action lawsuit in Iowa is brought about because a group of people has been affected by the same concern and has suffered some sort of similar harm. Generally, a lead person named the Lead Plaintiff will represent a larger group of people and their interests, which results in a class action case.

First, the lawsuit needs to be certified as a class action lawsuit by the Iowa courts. Then, the court will notify the class members about the case. This notification typically occurs through direct mail. At this time, members have the option of opting out of the lawsuit to pursue a claim on their own. However, it is usually too expensive for individuals to litigate alone. This is why combining the claims together in one class action lawsuit is efficient for all parties involved.

Class members do not appear in court and do not have any decision-making powers regarding the Iowa class action lawsuit. Only the Lead Plaintiff and an Iowa class action attorney will be able to take part in the case and accept or reject a settlement offer. A judge will approve a fair settlement, which will end the class action suit, and the court will decide how to divide the recovery among the class members.

Typical class action claims involve:

Injuries from pharmaceutical products, tobacco, drugs and other hazardous products
Asbestos exposure
Fraudulent financial information involving the stock market
Breach of employment wage and hour laws
Violations and harmful practices involving pollution and oil spills

If you believe you are not the only one who has been harmed by a company or product, contact our Iowa class action attorneys at the law firm of Brady & O'Shea today at (319) 866-9277 for a free legal evaluation.

Consumer Protection Officials Investigate Iowa City Mobile Home Park

Tue, 24 Aug 2010 08:00:00 EST

Iowa Attorney General Tom Miller personally toured the Regency mobile home park on Monday, and afterwards stated that things there needed to change. Miller's office is investigating a number of issues, including the park's rent payment process, how properties are transfered, dangerous living conditions, and water quality. Both Regency and its parent corporation, the Churchill Group of Carbondale, Colorado, are under an investigation which was undertaken last month after the Des Moines Register published a series of articles regarding safety hazards and potentially fraudulent sales practices by Regency.

Iowa's new consumer fraud act is designed to protect tenants subject to abuse by unscrupulous landlords and allow those tenants to recover damages. Brady & O'Shea has filed lawsuits, including class actions, under that statute. If you have questions about the legality of your landlord's actions, please contact us.

Car Accidents May Lead to Traumatic Brain Injury

Fri, 20 Aug 2010 08:00:00 EST

According to the Centers for Disease Control and Prevention, 1.5 million Americans sustain a traumatic brain injury (TBI) every year. In fact, the leading cause of traumatic brain injury in Iowa and in America is truck, motorcycle and car accidents.

Because damage to the brain can range from mild to severe, victims of traumatic brain injury may live with slight impairments or end up permanently disabled. Victims who suffer this catastrophic injury may end up in a vegetative state and need ongoing medical care for life.

When the head is injured in a serious Iowa car accident, higher functions are affected and victims have trouble communicating. Brain injuries can lead to trouble with the following:

Speaking
Thinking
Motor skills
Personality change (such as Schizophrenia)

The good news is that most people who sustain a traumatic brain injury end up recovering. However, recovery could be a long road. Because there is no cure for brain damage, victims often need rehabilitation, physical therapy, and speech therapy to improve functions and minimize the symptoms.

Since the brain cannot heal itself from an injury, people with severe head trauma will most likely need assistance from their families. Brain injury not only affects the victim, it also impacts the victim's family and loved ones as they will be emotionally and financially affected due to this injury.

A victim of traumatic brain injury will most likely not be able to return to work for sometime or ever, and will need to seek monetary compensation for lost wages, as well as medical bills, and rehabilitation costs. Contact Iowa injury lawyers at Brady & O'Shea to see what compensation you may qualify to receive. Call (319) 866-9277 today.

Salmonella Egg Recall Expands, Legal Problems Mount for Iowa Egg Producer

Thu, 19 Aug 2010 08:00:00 EST

The recall by Iowa egg producer Wright County Eggs, a part of the DeCoster family agribusiness, has just been increased to a staggering 380 million eggs as lawsuits mount against the egg producer and the history of legal troubles of its owner are brought to light. Health officials have confirmed that hundreds of consumers in multiple states have been infected.

Eggs were distributed and packaged under the brand names Lucerne, Albertson, Mountain Dairy, Ralph's, Boomsma's, Sunshine, Hillandale, Trafficanda, Farm Fresh, Shoreland, Lund, Dutch Farms and Kemp. The Centers for Disease Control and Prevention, the Food and Drug Administration and health officials from a number of states are involved in the investigation.

The suspect eggs were widely distributed throughout the nation. including food wholesalers, distribution centers and food service companies in California, Colorado, Minnesota, Arkansas, Arizona, Georgia, Illinois, Iowa, Oklahoma, Oregon, Missouri, Nebraska, Nevada, Texas, Utah, Washington and Wisconsin. The eggs have specifically been linked to illnesses in four states to date. The egg cartons were packaged between May 16 and August 13 and stamped with one of three codes: P-1026, P-1413 or P-1946.
Salmonella presents with a number of symptoms include fever, diarrhea, and abdominal cramps.
Persons should confirm the infection with testing through their physician

At least one lawsuit has been filed to date and more are anticipated. Historically, these lawsuits have been filed both individually and as class and "mass tort" actions, under theories of strict liability, negligence, breach of warranty and violations of consumer protection and other statutes.

Massive Recall of Eggs Produced in Iowa

Wed, 18 Aug 2010 08:00:00 EST

Wright County Egg, located in Galt, Iowa, has issued a nationwide recall of 228 million eggs after eggs produced by Wright County Egg were linked to hundreds of cases of salmonella-related illnesses. The eggs were sold under the brand names Lucerne, Albertson, Mountain Dairy, Ralph's, Boomsma's, Sunshine, Hillandale, Trafficanda, Farm Fresh, Shoreland, Lund, Dutch Farms and Kemps. The recalled eggs were packaged between May 16 and August 13. According to a statement issued by Wright County Egg, consumers should not eat any recalled eggs.

Brady and O'Shea has previously represented consumers in various class actions against Iowa companies.

State Alleges Cedar Rapids Residential Care Facility Falsely Claimed to be Licensed Nursing Facility

Mon, 16 Aug 2010 08:00:00 EST

The Des Moines Register has reported that the Iowa Department of Inspections and Appeals has found that for the past two and a half years, Emeritus at Silver Pines, a Cedar Rapids residential care facility, has been falsely claiming to be a state-licensed assisted living center. In fact, according to the report, the Facility is only licensed as a residential care facility and is not authorized, equipped or staffed to provide nursing care for elderly or disabled residents that require such care. In addition the Facility has been charging fees to residents for assisted-living care.

Brady and O'Shea, P.C. recently filed a class action lawsuit, arising out of similar facts, on behalf of residents of Cottage Grove Place, a nursing facility in Cedar Rapids. The residents claim in the lawsuit that Cottage Grove Place and Life Care Services falsely claimed to be state-licensed to provide care to residents suffering from dementia; however, the Iowa Department of Inspections and Appeals found that Cottage Grove Place was not licensed to provide such care. The residents brought claims pursuant to Iowa's new Consumer Fraud Act, among other legal theories, and are seeking recovery of the fees they paid for dementia care, in addition to other damages.

Do You Know Where Your Widget Has Been?: Drug Companies and Social Media

Fri, 13 Aug 2010 08:00:00 EST

Do you know where your widget has been? That link that a friend shared with you on Facebook could have originated with a drug company, and it may well not be telling you everything you need to know about a prescription drug.

Drug companies have begun using social media to promote their products, and the Food and Drug Administration has sent a warning letter to drugmaker Novartis for its practice of sharing information using Facebook without giving consumers the full story about the drugs it is promoting. Other drugmakers are setting up online support groups and creating YouTube videos they hope will go viral to promote their products.

More details are available on the National Public Radio website.

More Traffic Cameras Planned for Iowa – One Cedar Rapids Crash Caught on Tape

Thu, 12 Aug 2010 08:00:00 EST

Many communities are debating whether to install additional traffic cameras throughout Iowa. Law enforcement believes traffic cameras catch speeders, red-light runners and help prevent car accidents in Iowa. However, some think the motive behind this is to raise money and make up for declining state revenue. Other motorists in Iowa believe the pictures from these cameras do not clearly show who is driving, and the wrong person could be cited.

Whatever your stance is on the issue, Iowa is already using cameras at several intersections to catch red-light violators and other radar cameras on interstates and city streets to catch speeding motorists. The Iowa State Patrol said they have no plans at this time to use cameras statewide. Their immediate need is to use cameras on stretches of the interstate that have high accident rates, and they will also look at using them in work zones.

Several cities have already installed red-light cameras as well as radar traffic cameras. The city of Des Moines has plans to install cameras on Interstate 235 in hopes of catching speeders and lower traffic accidents. In addition, they are putting up cameras to catch red-light violators at five different intersections throughout the city.

Cedar Rapids was the first city in Iowa to activate the first speed-sensing camera on a stretch of Interstate 380 earlier this summer. Steve O'Konek, Cedar Rapids Police Captain, said that since the camera on I-380 was installed, speed violations have declined by 62 percent.

Several red-light cameras in Cedar Rapids were also installed recently. The camera at the intersection of Center Point Road NE at Collins Road off-ramp already caught one crash on tape that was caused by a red-light violator. On August 3, 2010 a man driving north on Center Point Road ran a red-light and collided with a pickup truck causing a rollover. The entire accident was caught on camera, as the camera was just installed ten days prior. Police said the driver of the car will be ticketed for running the red-light.

Traffic cameras can be of great help catching an Iowa car accident on tape; however, they can also cause confusion. The vehicle's owner will be the one who receives the traffic citation in the mail, even if he or she was not the one driving. It will ultimately be up to the owner of the vehicle to sort things out.

Grinnell Nurses Avoid Sanction, Further Education Required

Wed, 04 Aug 2010 08:00:00 EST

The Iowa Board of Nursing has concluded that two nurses involved in the care of Ruth Louden at Grinnell nursing home Friendship Manor will not face licensing sactions, although the Board did require both nurses to complete 15 hours of continuing education on assessment of medical conditions. Ms. Louden was a resident of Friendship Manor for 25 days in 2008, after which time she lost her leg to gangrene and, three months later, died at the age of 89. The federal government previously fined the nursing home $101,250 in connection with Ms. Louden's care.

Iowa Paid $6.6 Million in Settlements and Judgments in FY2010

Wed, 04 Aug 2010 08:00:00 EST

Iowa State government paid nearly $6.6 million to settle claims and judgments, with the majority of the funds going towards medical malpractice claims against the state. The Cedar Rapids Gazette reports:

State records indicated the 47 judgments paid last fiscal year included claims brought for medical negligence, personal injuries, discrimination based on age, race, sex and disability, harassment and retaliation, excessive force and a vehicle search by public safety officers, a wrongful death allegation, attorney fees, and a $75,000 repayment of misused funds in the CIETC scandal involving the payment of excessive salaries to leaders of a job-training program.

The $3.3 million settlement involved a child born with cerebral palsy whose parents alleged his condition was the result of negligence on the part of UI Hospital staff during labor – specifically the failure to perform a Caesarian section earlier in the labor process, according to state records.

In a separate medical negligence case, state officials agreed to pay $500,000 to settle a claim brought by the family of a woman who contracted Legionnaires’ disease at University Hospitals and died, according to state records. The family of Sandra Shank, 57, who died Sept. 3, 2006, at the Iowa City hospital, filed a lawsuit in 2008 alleging she died of Legionella pneumonia after she was exposed to Legionella bacteria as a patient at the hospital. The state denied liability in the 2006 death.

In another case involving University Hospitals, the state paid $250,000 to settle a claim brought by a Davenport couple that alleged negligence in the 1997 treatment of their daughter by surgeons in the process of repairing congenital heart defects. Brian and Beth Atkins alleged their daughter sustained severe multi-system injuries due to complications that arose when surgeons removed pacing wires from their daughter Alison’s heart.

The amount paid out for settlements is down significantly from FY2008, which the amount paid by the State spiked to $23,530,913, due mostly to suits involving the Iowa Legislature's decision to end the Iowa Lottery's TouchPlay video lottery system. Brady & O'Shea settled one such case for $1,572,585.

Paul Miller Appointed New Sixth District Judge

Fri, 11 Jun 2010 08:00:00 EST

Iowa City attorney Paul Miller has been named to replace Judge David Remly as judge in the Iowa District Court for the Sixth Judicial District, which covers the counties of Johnson, Tama, Benton, Linn, Jones, and Iowa.

“It is an honor to appoint Paul Miller as an Iowa District Court Judge,” Governor Culver said. “Paul has an outstanding background of service to Iowans, and I thank him for continuing his commitment to justice through serving on the Bench.”

Mr. Miller is currently a private practice attorney in Iowa City. He attended the University of Northern Iowa, where he received his undergraduate degree, with high distinction, in 1973. In 1976, he received his law degree, with distinction, from the University of Iowa. Following law school, Miller served as an Assistant Woodbury County Attorney until 1978, then Woodbury Public Defender until 1980. In 1980, he joined the Area Prosecutions Division of the Iowa Attorney General’s Office, where he served until 1984. In 1984, he joined the Spirit Lake firm Bedell, Ladegard, Maahs & Miller. He practiced there until 1993, when he joined Larson, Miller & Evenson in Iowa City. In 1995, he formed Miller Law Firm in Iowa City, where he continues to practice.

Brad McCall Named New Des Moines Judge

Fri, 04 Jun 2010 08:00:00 EST

Iowa Governor Chet Culver announced today that he is appointing Brad McCall to be Iowa's newest District Court Judge, to serve in Judicial District 5A, located in Des Moines. McCall is currently in private practice in Newton, Iowa. McCall received his undergraduate degree from the University of Iowa and attended law school at Drake University. He has been active in the Iowa Association for Justice.

McCall willl replace District Judge Dale Hagen, who retired from the post after 21 years of service.

Iowa's Nursing Home Watch Dog Gains Independence

Wed, 02 Jun 2010 08:00:00 EST

Iowa Governor Chet Culver's latest executive order gives more independence to the state's Long-Term Care Ombudsman by moving its office out of the Department on Aging. The Ombudsman's office is responsible for advocating for the rights Iowans residing in nursing homes and other residential care facilities, including investigating complaints about those facilities. The move comes amid criticisms of the Department on Aging's policy requiring pre-approval from the Department and the Governor's office before the Ombudsman could take a position on policy matters.

Current ombudsman Jeanne Yordi plans to retire on June 16, 2010. Former state Representative Ro Foege will serve as the interim ombudsman until a new ombudsman is selected by the Department of Administrative Services.

If you or someone you know has been mistreated in a nursing home, assisted living program, elder group home, or residential care facility, contact the Ombudsman at 800-532-3213 or the offices of Brady & O'Shea, P.C. at 319-866-9277.

Rollover Accident in Cedar Rapids Sends 3 to Hospital

Tue, 24 Jan 2012 08:00:00 EST

On Monday, December 12, 2011, an unexpected accident took place in southeast Cedar Rapids when a skid loader came loose and caused a serious rollover accident in Cedar Rapids. Authorities indicated that the accident was caused when a loaded trailer detached from a pickup truck.
51-year-old Richard Raim, of Springville, was traveling northbound on East Post Road SE near Trailridge Road SE in a pickup truck owned by the city. The trailer was loaded with a skid steer loader, which came loose while traveling.
Police indicated that the skid loader collided with a van traveling southbound. 42-year-old Sarah Fopma, of Marion, was driving her minivan when the skid steer loader hit her vehicle. Upon impact, the van traveled down an embankment and rolled over on its side.
When emergency crews arrived on scene, they had to extricate all occupants inside the minivan and firefighters had to stabilize the van. The occupants included Fopma, an infant and an older child. All three were injured and taken to Mercy Medical Center for medical treatment.
The children were identified as Fopma’s children, Josephine Fopma, 15, and 2-month-old Julia Fopma. Although there is no further information about the injuries they sustained, we do know that they have all been treated and released from the hospital.
After an initial investigation in to the crash, police cited Raim for failure to use required tow equipment.
The Law Offices of Brady & O’Shea would like to extend our best wishes for a full recovery to those injured in this wreck.

2 Children Suffer Head Injuries in Cedar Rapids Car Crash

Mon, 23 Jan 2012 08:00:00 EST

On December 8, 2011, a serious Cedar Rapids car accident took place around 8 p.m. on Thursday night. Cedar Rapids police indicated that the wreck occurred at 429 Stoney Creek Road NW.
When officers arrived on the scene, they found that a sport-utility vehicle had crashed into a tree after hitting a parked car and a basketball hoop. The investigation into the crash revealed that 37-year-old Jack Hanson, of Cedar Rapids, was traveling northbound in the residential neighborhood when he lost control of his car.
Hanson was on his way home from a school program when the crash took place. Unfortunately, Hanson was traveling with his two children, who were injured in the collision. Officers indicated that the 8-year-old girl and 7-year-old boy sustained very serious head injuries and internal injuries in this Cedar Rapids crash. Police did indicate that the children were taken to St. Luke’s Hospital for medical care and were later transferred to University of Iowa Hospitals and Clinics.
No information has been provided on their updated medical conditions, except that they are expected to survive.
Police did confirm that the children were wearing their seatbelts at the time of the crash.
The father also suffered injuries and was treated at St. Luke’s Hospital. No charges have been filed as of yet, as police are still investigating what caused the crash.
The Law Offices of Brady & O’Shea would like to wish the children and father injured in this wreck a complete and fast recovery.

Driver Dies After Suffering a Brain Injury in an Eastern Iowa Crash

Mon, 09 Jan 2012 08:00:00 EST

In late November, a Hiawatha man died in an early morning auto accident due to a brain injury in Iowa. The fatal accident occurred on U.S. Highway 20 near Gilbertville at mile marker 241 around 2:45 a.m.
A witness told the Black Hawk County Sheriff’s Office that the driver was traveling eastbound on Highway 20 when he began drifting onto the shoulder and back onto the road. The driver then overcorrected, causing him to lose control of the car which resulted in the vehicle rolling over several times.
When rescue workers arrived on the scene, medics took the victim to Covenant Medical Center in Waterloo where he was pronounced dead. According to authorities, the driver died due to the severe head injuries he suffered in the crash.
Authorities identified the driver killed in this tragic Eastern Iowa crash as Jonas Gallardo-Parra, 40, of Hiawatha.
The police have not indicated at this time if alcohol or drowsy driving were factors in this accident.
The Law Offices of Brady & O’Shea would like to extend our deepest condolences to the family and friends of Jonas Gallardo-Parra and wish them strength during this difficult time. We would also like to remind Eastern Iowa drivers not to get behind the wheels of their vehicles if they are drowsy or intoxicated.

Operating a Vehicle While Intoxicated Lands Three in Jail After Eastern Iowa Crashes

Mon, 26 Dec 2011 08:00:00 EST

On November 20, 2011, a Waterloo accident occurred in which police officers were called to a crash around 5 p.m. to the area of Sergeant Road and Washington Street. They indicated that one of the drivers drove the wrong way down a one-way street and hit another car.
After an investigation, police determined that Antonio Avila was driving the wrong way, resulting in the collision between his car and Andrea Clements’ vehicle. 31-year-old Clements, of Cedar Rapids, was transported to Allen Hospital with minor injuries.
Avila, 49, of Waterloo, blew a 1.89 blood alcohol during a breath test. Waterloo officers arrested him for operating while intoxicated (OWI) and took him to jail.
Just a couple weeks prior to this incident, two people were charged with OWI after a Cedar Rapids crash. Police stated that Jeremy Farr, 27, of Cedar Rapids and Samantha Kleinschmidt, 20, of Cedar Rapids were traveling in the area of 15^th Street NW when officers responded to a crash.
The pickup truck Farr was driving smashed into three parked cars. The truck got stuck, and Farr got out to fix it. His passenger slid into the driver’s seat, and was there when officers arrived. According to the reports, both had slurred speech and smelled of alcohol. They both failed the field sobriety tests and were arrested, landing them in jail.
The Law Offices of Brady & O’Shea would like to remind Eastern Iowa drivers to not get behind the wheel while intoxicated. We would also like to wish everyone involved in these Eastern Iowa crashes a complete recovery.

72-Year-Old Woman Hospitalized After Linn County Crash

Wed, 21 Dec 2011 08:00:00 EST

On the morning of November 29, 2011, a two-car accident in Linn County occurred involving a 72-year-old woman. According to officials, the elderly woman was hospitalized after being extricated from her vehicle.
This Eastern Iowa car crash happened on Highway 13 southbound at Mount Vernon Road around 7:30 a.m. Tuesday morning.
According to the Linn County Sheriff’s deputies, Joanne Lovell, 72, of Cedar Rapids, was pulling onto Highway 13 from Vernon Valley Drive and collided with a van. Jessica Heiar, 35, of Marion, was the driver of the van involved in this wreck.
It appeared that one of the cars ran into a road sign during the crash, causing it to split into many pieces scattered on the roadway.
When deputies and firefighters arrived on the scene, Heiar refused medical treatment, and Lovell was transported to Mercy Medical Center for non-life threatening injuries.
Police said that both cars sustained massive front-end damage and that Lovell was cited in this crash for failure to yield to oncoming traffic. She was also cited for failure to provide insurance coverage.
The crash caused traffic delays for southbound drivers for over an hour.
The Law Offices of Brady & O’Shea would like to extend our best wishes for a full and complete recovery to both parties who were injured in this auto accident.

Red Light Video Camera Captured Cedar Rapids Crash on Tape

Mon, 05 Dec 2011 08:00:00 EST

On November 9, 2011, a Cedar Rapids two-vehicle accident occurred at the intersection of Sixth Street and Second Avenue SW. According to authorities, the crash happened around 12:25 Wednesday afternoon.

John L. Mouchka, 68, of Cedar Rapids, was traveling westbound in a pickup and broadsided a northbound vehicle driven by Linda E. Merritt, 62, of Cedar Rapids. Both cars were totaled in the wreck, and Merritt was transported by ambulance to St. Luke’s Hospital for injuries sustained in this wreck. Mouchka declined medical care, although he suffered a bruise to his hand.

Both drivers told authorities they thought they had the green light, with neither party admitting fault. Two different red light video cameras captured this Cedar Rapids crash. Police then looked at the videos to determine who was at fault.

According to the video footage, Merritt had a red light for several seconds prior to her entering the intersection. She was cited for failure to obey a traffic signal.

Police have indicated that there are seven intersections in Cedar Rapids with cameras to monitor red-light runners, and they have captured over ten accidents on camera.

The Law Offices of Brady & O’Shea would like to extend our best wishes for a full and complete recovery to both parties who were injured in this auto accident.

Past Driving Records May Predict Future Iowa School Bus Crashes

Sun, 04 Dec 2011 08:00:00 EST

After a Cedar Rapids school bus driver struck an 84-year-old pedestrian and was charged with failure to yield to a pedestrian on September 21, another bus accident in Iowa occurred on October 31, killing an 11-year-old boy. These Iowa school bus accidents caused KCRG and The Gazette to investigate school bus drivers in Iowa.

A recent article published in The Gazette revealed that more than 40 percent of school bus drivers in the four largest school districts in Iowa have had at least one traffic violation since 2000. The findings on 366 drivers for Cedar Rapids, Iowa City, Linn-Mar and College Community school districts indicated that 155 school bus drivers have at least one non-parking violation.

These violations include speeding, failure to yield, failure to stop at railroad tracks, unsafe backing, and unlawful passing of a school bus. Some drivers even have been convicted of drunken driving, child endangerment, theft, disorderly conduct, assault, and selling tobacco to a minor.

Several Eastern Iowa parents that The Gazette talked with did not know the driving records of their children’s school bus drivers. Many thought the school districts would conduct this type of research on their school bus drivers.

However, the school districts say that they do run criminal background checks and check a school bus driver’s record through the Iowa Department of Transportation.

As for the 43-year-old bus driver Vicki Lard who struck the elderly pedestrian in Cedar Rapids, she had no other traffic violations prior to this incident. She blamed the crash on the morning sun. As for Michaela Siems-Dighton, the bus driver who killed the 11-year-old boy, it was learned that she had had three speeding tickets since 2000.

Research shows that past driving records can be linked to future crashes, according to the research conducted by the Center for National Truck and Bus Statistics at the University of Michigan Transportation Research Institute.

Truck Driver Killed in a Fiery Iowa Truck Crash

Sun, 04 Dec 2011 08:00:00 EST

On Tuesday, November 1, 2011, a catastrophic truck crash in Iowa occurred, claiming the life of a truck driver from Kentucky. The accident took place in Coralville within Johnson County, along the eastbound lanes of Interstate 80. According to Iowa State Police, the truck crash occurred around 7:30 p.m. near the Coral Ridge Mall.

Officials indicated that the truck driver crashed into a cement barrier in the median, causing the truck to roll and catch on fire. It appeared that the diesel tank was punctured, causing it to ignite. The semi truck burst in flames, and the explosion was heard for miles.

Sadly, the truck operator was severely burned and died in this fiery truck crash. The truck driver was later identified as 40-year-old Gary Minix.

Investigators pulled Minix's phone records and determined that he was on the phone with his wife just minutes before this fatal crash. Investigators are trying to determine if he was still on the phone call when this accident occurred. Right now, they are not sure what caused Minix to crash into the median.

I-80, near Coral Ridge Mall and mile marker 240, was closed for several hours Tuesday night as investigators searched the scene for clues and cleanup of the accident occurred.

The Law Offices of Brady & O'Shea would like to extend our deepest condolences to Mr. Minix's wife and remaining family and friends.

Cedar Rapids Motorcycle Crash Sends Rider to Hospital with Head Injuries

Sun, 20 Nov 2011 08:00:00 EST

On October 22, 2011, a Cedar Rapids motorcycle crash occurred, injuring the motorcyclist and totaling the bike. Officials said the motorcyclist sustained serious injuries in this wreck and was taken to St. Luke's Hospital for medical care.

According to Cedar Rapids police Sgt. Cristy Hamblin, Curtis Tichy, 26, of Cedar Rapids, was stopped behind a pickup truck and revving his engine when he lost control of his Suzuki motorcycle, crashing it into the pickup.

Eric Kriegermeier, 22, the driver of the Chevy pickup truck, was waiting to pull out of the Guppy's gas station on Edgewood Road when this incident happened. According to witnesses, the pickup truck sustained damage to the rear quarter panel, and the motorcycle was totaled after the wreck.

The 26-year-old motorcycle driver suffered from possible head injuries and was transported by ambulance to St. Luke's Hospital in Cedar Rapids. The driver of the pickup truck was not hurt in this Eastern Iowa crash.
Police said that no charges have been filed because the crash occurred on private property.

The Law Offices of Brady & O'Shea would like to wish the motorcyclist a full recovery.

Wrong-Way Crash in Cedar Rapids Flips Jeep on Its Roof

Sat, 19 Nov 2011 08:00:00 EST

On October 26, 2011, a wrong-way collision in northwest Cedar Rapids occurred, flipping a car onto its roof. According to police, two vehicles collided underneath the Interstate 380 overpass, because one car was headed the wrong way on a one-way street around 10:45 p.m.

According to Cedar Rapids police Sgt. Cristy Hamblin, Dana Gilleland, 22, was traveling northeast on E Avenue NW in her green Ford Escort when 19-year-old Megan Mumin, of Cedar Rapids, collided into her.
Mumin was driving a red 2007 Jeep Liberty eastbound, the wrong way, on F Avenue NW and attempted to turn right onto First Street when she hit the Ford.

Upon impact, the Jeep went flying through the air, rolled onto its roof and slid several feet, coming to a rest on the median on First Street NW.

Gilleland was injured and taken to St. Luke's Hospital in Cedar Rapids for medical care. The two occupants that were in the Jeep were also taken to an area hospital for medical treatment, and one of them complained of hand pain.

There is no word on the medical conditions of any of the occupants involved in this crash.

Police confirmed that no alcohol was involved in this accident and there were no life-threatening injuries. They did issue the driver of the Jeep a one-way street citation.

The Law Offices of Brady & O'Shea would like to wish all involved in this Cedar Rapids car crash a full recovery.

Cedar Rapids Rollover Crash Sends 2 to the Hospital and 1 to Jail

Tue, 08 Nov 2011 08:00:00 EST

On Friday, October 7, 2011, a rollover accident in Cedar Rapids occurred on Williams Boulevard S.W. Although this crash was a one-vehicle accident, it sent two people to the hospital with serious injuries.

Police indicated that the rollover crash occurred around 9:00 a.m. Friday morning, when the vehicle traveled onto the grassy median. The car proceeded to flip over multiple times and came to a rest in the opposite lane of traffic.

During the rollover, Haliegh Hayes, the 19-year-old driver of the car, was thrown out of the vehicle and trapped underneath the car. Witnesses of the crash came to the rescue and rolled the car off of her to free her.

Hayes was transported to Mercy Hospital in Cedar Rapids for medical treatment. Trenton McCleary, 25, of Cedar Rapids, a male occupant in the vehicle, was injured and taken to Mercy Medical Center as well.

Police indicated that neither Hayes nor McCleary were wearing their seatbelts during this crash.

Hayes sustained life-threatening head injuries, and witnesses to the accident said she was bleeding out of her head. Hayes and McCleary were released a few days later.

Once police found McCleary, they escorted him again to St. Luke's Hospital for further medical evaluation and then took him to Linn County Jail on paraphernalia charges.

The Law Offices of Brady & O'Shea would like to wish both people injured in this Cedar Rapids crash a full recovery.

Pedestrian Suffers Brain Injury After Bus Accident in Cedar Rapids

Mon, 07 Nov 2011 08:00:00 EST

Near the end of September, an elderly woman was walking in a crosswalk across the intersection of First Avenue East and 15th Street when she was hit by a school bus. This Cedar Rapids bus and pedestrian accident critically injured the elderly woman.

Bonnie Nielsen, the 84-year-old pedestrian, remains hospitalized almost one month after her accident. She suffered critical head injuries, a broken collarbone, broken ribs, and a fractured pelvis in this Eastern Iowa crash.

Nielsen is still recovering after she underwent brain surgery. She will probably not be able to take care of herself, as doctors do not believe Nielsen is recovering like they would have hoped. When she is released, she will be released into the care of a private facility.

Vicki Laird, the 43-year-old bus driver, of Hiawatha, was questioned by authorities and told them that she did not see Nielsen in the crosswalk because she was blinded by the sun. Police charged Laird with failure to yield to a pedestrian in a crosswalk.

Because Laird was on her way to her first school bus stop, there were no children on board the bus at the time of this accident. The Cedar Rapids Community School District reassigned Laird to another position, so that she is currently not driving a school bus.

The Law Offices of Brady & O'Shea would like to continue to wish Bonnie Nielsen a complete recovery.

Multiple-Car Accident in Cedar Rapids Injures 2

Mon, 17 Oct 2011 08:00:00 EST

On Monday, October 3, 2011, a rollover crash in Cedar Rapids occurred on a busy street in Eastern Iowa, injuring two men. Authorities said firefighters had to pull one man out of his vehicle after it rolled on its side.

The crash occurred around 9 a.m. on 16th Avenue near 18th Street SW. Cedar Rapids Police indicated that Willie Roberson, of Cedar Rapids, was traveling eastbound on 16th when he attempted to turn left across oncoming traffic toward a driveway.

Cedar Rapids resident Leonard Willard, 73, was driving a pickup truck that struck the car 59-year-old Roberson was traveling in. Additionally, Dick Cambridge, 70, of Cedar Rapids hit Roberson's vehicle.

The force of the impact caused Roberson's pickup truck to roll onto its side, trapping him inside the vehicle.
When rescue crews arrived, firefighters had to pull him out and ambulance drivers took him to Mercy Medical Center. Roberson did sustain injuries, but they are not considered life-threatening.

Willard, the drive of the other pickup truck, was also injured in the wreck. He was taken to St. Luke's Hospital, and his injuries are not life-threatening either.

Police indicated that Roberson was driving into the sun, and they are not sure at this point whether the sun was a factor in this crash.

Cedar Rapids police have charged Roberson with failure to yield and failure to have a valid driver's license.

The Law Offices of Brady & O'Shea would like to wish the men injured in this Cedar Rapids accident a quick and complete recovery.

Bus Strikes College Student in an Iowa City Pedestrian Accident

Sat, 15 Oct 2011 08:00:00 EST

An Iowa City bus and pedestrian crash occurred on the University of Iowa campus Thursday, September 22, 2011. Authorities indicated that a 20-year-old female was walking near the corner of Washington and Madison Street when the accident occurred.

The Cambus hit the pedestrian, who is also a University of Iowa student, when she started across the crosswalk. Officials said that at the time of the accident, the Cambus was traveling southbound on Madison Street with passengers on board.

The female college student ended up beneath the bus and suffered critical injuries; however, she was conscious when first responders arrived. She was taken by ambulance to the University of Iowa Hospitals and Clinics. Her name has not been released nor any updates on her medical condition at this time.

The bus's windshield cracked during this Iowa City pedestrian accident.

Iowa City Police are investigating this accident to determine if the bus driver was able to see the pedestrian and if there was any negligent behavior involved. At this time, no charges have been filed, as police are still investigating.

The Law Offices of Brady & O'Shea would like to wish the female pedestrian injured in this accident a full and fast recovery.

19-Year-Old Man Killed in Iowa City Crash

Sun, 09 Oct 2011 08:00:00 EST

On September, 17, 2011, a young North Liberty died in an Iowa City crash around 4 a.m. early Saturday morning. Iowa City police indicated that the young driver crashed into a parked car and sustained critical injuries.

Tyler Joe Fetters, 19, was behind the wheel, and police indicated that he was speeding when he hit the parked car on I Street. According to the press release that was issued, the accident occurred at the 2000 block of I Street.

The Iowa City Fire Department, Johnson County Ambulance, and Iowa City Police arrived on the scene of the accident. Fetters was traveling with a passenger, who had to be extricated from the vehicle and taken to the University of Iowa Hospitals Emergency Treatment Center for non-life threatening injuries.

Fetters also had to be extricated and was transported to the same hospital. Unfortunately, Fetters died of the injuries that he sustained in the crash.

Iowa City police are still investigating this accident that killed this young man and are trying to reconstruct what exactly happened.

The Law Offices of Brady & O'Shea is saddened to hear of this deadly Iowa accident and would like to extend our condolences to the family and friends of Tyler Joe Fetters and wish his passenger a speedy recovery.

Beware of Accident Prone Intersection Says Eastern Iowa Sheriff

Sat, 08 Oct 2011 08:00:00 EST

Black Hawk County Sheriff Tony Thompson has made a public statement about an accident-prone intersection in Eastern Iowa. He is asking the Iowa Department of Transportation (DOT) and state officials to do something about this intersection for the safety of the public.

The accident-prone intersection is located at Highway 218 and Cedar-Wapsi Road, and the Sheriff has said his deputies have responded to one too many Eastern Iowa accidents at this location.

The most recent accident at this intersection occurred on Thursday, September 15, 2011. Although the female victim suffered minor injuries, other accident victims in this same location haven't been that fortunate. Since May, sheriff's deputies have responded to eight accidents in this same spot, involving two deaths.

The problem with this intersection is that the drivers on Cedar-Wapsi Road have to cross a four-lane, divided highway with oncoming traffic traveling at speeds of 65 miles per hour.

Peter Hjelmstad, a DOT representative from the District Engineer's office in Mason City, indicated that highway planners are well aware of this issue, and they know that traffic at this intersection has gone far beyond the projections, as it currently sees about 18,000 vehicles per day. However, designing an overpass for the Cedar-Wapsi Road would cost about $17 million dollars, and currently there is no funding for this project.

The Sheriff is concerned there will be more fatal accidents if nothing is done about this intersection issue.

The Law Offices of Brady & O'Shea would like to wish the female involved in this recent accident a complete and fast recovery.

Teenage Driver Involved in a Cedar Rapids Rollover Walks Away

Tue, 04 Oct 2011 08:00:00 EST

On Thursday, September 8, 2011, two teenage girls were involved in a Cedar Rapids car crash that took place on Edgewood Road early Thursday morning.

The teenage girls were in route to Kennedy High School and had just left home. The traffic was moving slowly, just south of Glass Road NE, when the teenage driver attempted to pass vehicles on the gravel shoulder. She lost control of her vehicle as the car fish-tailed into a drainage ditch, flipping over.

Witnesses to the crash rushed to help the two teenagers, but couldn't get them out of their car. When firefighters got there, they found the car lying on its top in a ditch. They had to cut the door off in order for the girls to get out of the car.

When the girls emerged, they were crying, but did not seem injured. Amazingly, they walked away from this rollover crash in Cedar Rapids.

Police identified the driver as 16-year-old Emily Loney, of Cedar Rapids, and Marissa Prull, 15, of Cedar Rapids was the passenger in the car. Loney had just spent the night at the Prull's residence and was taking Marissa to school.

Loney will be facing charges of improper passing and failure to maintain control, according to Sgt. Robert Collins.

The Law Offices of Brady & O'Shea is glad to hear that the two teenage girls were not injured, and are hoping new drivers learn a lesson from this incident.

Three Iowa Communities Receive Funding to Help End Lead Poisoning

Mon, 26 Sep 2011 08:00:00 EST

The US Department of Housing and Urban Development (HUD) has recently awarded grant funding to 39 local projects, including three within Iowa, aimed at protecting children from lead poisoning. The three Iowa communities receiving HUD grant funding are Davenport ($2,475,000), Waterloo ($1,705,557) and Polk County ($2,475,000).

The funds will largely be used to eliminate lead-based paint hazards in older homes. The funds will also be used to conduct inspections for lead-based paint hazards and for training contractors in lead-safe work practices.

Seven percent of Iowa's children suffer from lead poisoning- 4 times the national average. Childhood lead poisoning is known to cause learning disabilities, loss of IQ, behavioral problems and other health conditions.

Motorcyclist Endures 3 Surgeries After Cedar Rapids Motorcycle Crash

Thu, 22 Sep 2011 08:00:00 EST

On Saturday, August 27, 2011, a serious Cedar Rapids motorcycle crash occurred that badly injured a motorcyclist. Cedar Rapids police said the accident took place around 4:10 p.m. Saturday on Center Point Road and O Avenue NE.

Police indicated that a sport utility vehicle was southbound on the one-way street, traveling in the right lane of Center Point Rd NE, when the driver attempted to make a left turn from the right lane. The motorcycle was traveling in the left lane when the collision occurred.

The motorcycle caught on fire, causing the motorcyclist third-degree burns. He also suffered abdominal bleeding, a ruptured bladder, and many broken bones including a fractured elbow, femur, and multiple ribs. Brian Smith, the 30-year-old motorcyclist of Cedar Rapids, was taken to University of Iowa Hospitals and Clinics in Iowa City for medical care.

He went through 16 hours of surgery. In addition, he then had to endure another five-hour surgery on another day. Smith has now undergone three operations, and doctors have removed almost one foot of his small intestine. According to authorities, Smith is now off of a ventilator and in stable condition - just lucky to be alive.

Lori Dramstad, 46, of Cedar Rapids, was the driver of the SUV who hit the motorcycle. Police said they have charges pending against Dramstad.

The Law Offices of Brady & O'Shea would like to extend our best wishes to Mr. Smith for a fast and complete recovery.

Deadly Iowa Crash in Remote Area Leaves Passenger Stranded for Hours

Wed, 21 Sep 2011 08:00:00 EST

On Wednesday, August 24, 2011, a deadly crash in Linn County occurred along Old River Road. Authorities recently released the name of the driver who died in this fatal accident near Cedar Rapids and the Cedar River.

Michael Dewayne Jones, 39, has been identified as the driver who died at the scene of the accident. Officials believe that Jones, of 1311 15th St. S.E. Cedar Rapids, was driving on Old River Road when the car ran off the road.

According to Linn County authorities, the car slid down the embankment, which was approximately five to six feet below the level of Old River Road. The crash occurred in a secluded spot that was hidden by trees.

A rescuer spotted the car and saw a woman trapped inside the vehicle, and called for help. The driver was pronounced dead at the scene, and the passenger was seriously injured. Dannelle Fite, 32, the passenger in the vehicle, was taken to Mercy Medical Center and later transferred to University of Iowa Hospitals and Clinics.

Authorities have indicated that the injuries Fite suffered were serious, but they do not know if any were life-threatening.

According to Fite, she was trapped inside the car for several hours starting the evening before the rescuer found her.

Residents in this area have complained about the condition of this section on Old River Road, as it changes from asphalt-like seal coat pavement to lose rock. Some say that hitting gravel on this curve could cause a driver to lose control.

The Law Offices of Brady & O'Shea is deeply saddened to hear about this tragic crash and would like to extend our condolences to the family and friends of Michael Dewayne Jones and best wishes for a full recovery to Dannelle Fite.

Cedar Rapids Rollover Accident Delays Toddler from Play Date

Sat, 10 Sep 2011 08:00:00 EST

On the morning of Tuesday, August 16, 2011, a crash occurred on the corner of 16th Avenue and West Post Road SW involving two vehicles. Authorities indicated that this Cedar Rapids accident occurred around 8:50 a.m. due to a car running a red light.

Cedar Rapids police indicated that a teenage male driver was traveling westbound on 16th Avenue SW when he ran a red light and crashed into a northbound SUV. The sport-utility vehicle was sent onto its side, causing airbags to deploy.

Inside the SUV was AnnaBella Dobler, a 21-month-old, and her father Matt Dobler, 32, of Cedar Rapids. He was taking his daughter to his brother's house for a play date when the accident occurred.

Mr. Dobler stated to authorities that his daughter was crying and screaming after the accident, but several people helped get her out through the back. After all the excitement of the incident wore off, little AnnaBella was calmly back in her father's arms.

The crash shut down the westbound lanes of 16th Avenue SW for a short time, but no ambulances were on the scene.

Police don't believe anyone was injured in this Cedar Rapids crash. They haven't released the teen's name, but they did cite him for disobeying a traffic control device.

Police Chase Ends in Cedar Rapids Rollover Crash

Fri, 09 Sep 2011 08:00:00 EST

Early on the morning of August 21, 2011, a police officer found himself in a Cedar Rapids car accident when he flipped his patrol car onto its roof. This Sunday morning accident occurred in a residential neighborhood around 1:45 a.m.

According to the police report, Officer Ben Wery was attempting to locate a suspect in a harassment case, and was traveling southbound on 24th Street SE towards Mount Vernon Road SE when he came over a hill. Officer Wery, 27, indicates that there was a car stopped at the stop sign of the intersection of Bever Avenue SE and 34th Street that he had to avoid.

Wery swerved the patrol car to the left, but it went up an embankment and flipped over. Thankfully no other people or cars were injured.

Officer Wery was chasing an SUV that was involved in the harassment complaint, but he crashed on the way to stop the suspect. Other Cedar Rapids police officers continued to pursue the SUV at more than 100 mph. Because the chase traveled out of city limits and officers knew the name of the suspect, they decided to bring the chase to a halt.

Cedar Rapids police will investigate this crash internally.

There is no word on whether the police officer suffered any injuries in this Cedar Rapids accident.

$320 Million in Punitive Damages Awarded to Victims of Lead Poisoning

Mon, 05 Sep 2011 08:00:00 EST

On Friday, July 29, 2011, a $320 million verdict was awarded to plaintiffs in a lead poisoning lawsuit against the Herculaneum lead smelter for exposing children to lead pollution. On the previous day, the jury awarded the plaintiffs with $1.25 million to $3 million each in compensatory damages, and on Friday punitive damages were awarded.

The case was decided upon by a St. Louis jury, and the amount of the award surprised everyone. Even attorneys were stunned at the large award, indicating that the jury wanted to send a clear message that a company's profits are not more important than people.

The lead smelter's former owners are accused of exposing 16 children to extremely harmful lead pollution. The lawsuit claims that the current and former owners of the massive lead smelter in Herculaneum, which is about 30 miles south of St. Louis, knew that they were exposing residents to lead pollution.

Although everyone in the area was being exposed to lead, children are at higher risk when exposed to a neurotoxin. The plaintiff's attorneys indicated that the children that were growing up around the smelter suffered the effects of lead poisoning. They lost IQ points and even had multiple health effects as a result of the lead poisoning.

Because the owners knew about this problem and were reluctant to reveal it, the plaintiffs asked for a $208 million award, but the jury came back two hours later with a bigger award. The jury returned this verdict as a result of the plaintiffs' lifetime of lost earnings and health problems.

The Law Offices of Brady & O'Shea is pleased to see that a company was held accountable for their wrongdoings and wishes these lead poisoning victims well.

Fatal Cedar Rapids Crash Caused by Texting and Drunk Driving

Wed, 24 Aug 2011 08:00:00 EST

We previously reported on a Cedar Rapids accident involving the death of a teenager that occurred in June 2011. There have been recent updates in this case that we wanted to inform our readers about.

This tragic accident that took place on Walford Road just east of 34th Street SW occurred around 3:15 a.m. when 19-year-old Drake D. Whitters, of Swisher, went off the road.

Passenger Jason M. Velvick, 16, of Swisher, did survive this rollover crash but was seriously injured.

Investigators announced Tuesday that the teen who died in this crash was legally drunk when he lost control of the car. Authorities also revealed that he was using his cell phone at the time of the crash.

Toxicology tests indicated that Whitter's blood alcohol level was 0.181, which is more than twice the legal limit. Also, tetrahydrocannabinol (THC), a chemical that is found in marijuana, was also found in his system.

Based on Whitter's cell phone records and Velvick's statements, authorities believe that he was attempting to read a text or composing a text at the time of the crash.

Texting while driving and drinking and driving are both causes of fatal crashes, but the combination of both certainly affected Whitter's chances of a deadly crash.

The Law Offices of Brady & O'Shea would like to extend our condolences to the family of Drake Whitters for strength during this difficult time.

Cedar Rapids Accidents Injure Two

Tue, 23 Aug 2011 08:00:00 EST

Many Cedar Rapids accidents have occurred recently, sending victims to the hospital with injuries.

On August 2, 2011, a rollover crash in northeast Cedar Rapids occurred involving a pickup truck. Witnesses said that the pickup flipped three times after it collided with another vehicle. This Tuesday morning accident occurred around 6:30 a.m. on Rockwell Drive near Park Place NE.

Iowa police stated that it appears that the vehicle traveling on Park Place NE did not see the southbound pickup and pulled out in front of it.

Authorities indicated that the driver of the pickup was in pain and was taken by ambulance to an area hospital to get checked out. The other driver did not appear to be injured. The drivers' names were not released.

Another Cedar Rapids crash occurred on August 5, 2011 around 10:30 p.m. downtown. This Friday night accident sent one woman to the hospital with injuries.

Police indicated that the collision occurred at the intersection of 1st Avenue and 6th Street SE, when a white Dodge Stratus T-boned a white Cadillac Escalade. The crash smashed the front of the Stratus and caused one woman to be taken away on a stretcher.

At this time, there is no further word on the medical condition of this injured woman.

The Law Offices of Brady & O'Shea would like to wish all victims involved in these Cedar Rapids accidents a full and fast recovery.

9-Year-Old Boy Sent to Hospital After Iowa Hit-and-Run Crash

Sun, 14 Aug 2011 08:00:00 EST

On Thursday, July 21, a little boy was hit by a car and seriously injured as he was crossing the street in the 100 block of South Third Street. Police said this Marshalltown, Iowa accident took place around 11:45 a.m. on Thursday.

Witnesses of this Marshalltown crash said that a dark SUV-type vehicle hit the child but did not stop. Police looked in the area for a car that was involved in this hit-and-run, but they did not find any vehicle that was damaged from a collision that matched the description.

Christian Estrada, 9, sustained fractures to his hip, leg, and shoulder. He was taken to Marshalltown Medical & Surgical Center, but his injuries were so severe that he was then transported to the University of Iowa Hospitals and Clinics in Iowa City.

Estrada has spent several days in the hospital, and has had surgery to mend his broken bones. They are expecting him to make a complete recovery, but they are not sure how long he will need to stay in the hospital at this time. The boy's grandmother said he is also having stomach problems.

However, Captain Mike Hanken, of the Marshalltown Police Department, indicated that the boy was in good condition.

The Marshalltown Police Department would like anyone with information about the hit-and-run accident to come forward, as police are still investigating the crash.

The Law Offices of Brady & O'Shea would like to extend our best wishes to Christian Estrada for a full and speedy recovery.

Cedar Rapids Woman Sent to Hospital After Rear-End Accident Near Swisher

Sat, 13 Aug 2011 08:00:00 EST

On July 21, 2011, a car crash in Eastern Iowa occurred involving a car and a sports utility vehicle (SUV). This Thursday afternoon accident caused injuries and sent one to the hospital.

Iowa State Patrol responded to this crash on Interstate 380, near Swisher. Their accident report indicated that 37-year-old Heather Zobel was driving her car southbound on I-380 and struck an SUV from behind.
The other driver, Suzanne Aunan, 57, of Iowa City, was traveling south on Interstate 380 as well, and reduced her speed for the slowed traffic in front of her. However, Zobel, of Cedar Rapids, was not able to stop in time and hit the SUV. This rear-end Iowa accident occurred near mile marker 12 at about 12:20 p.m.
Zobel, the driver of passenger car, was the one injured in this crash. She was taken to St. Luke's Hospital in Cedar Rapids for medical treatment. At this time, her medical condition is not known. There was no word if Aunan sustained any injuries in this rear-end accident.

The Iowa State Patrol, along with several other state agencies, responded to this accident and helped work on the crash investigation and cleanup.

The Law Offices of Brady & O'Shea would like to extend our best wishes for a full recovery to both women who were involved in this crash.

Pregnant Woman Taken to Hospital After Cedar Rapids Crash

Thu, 04 Aug 2011 08:00:00 EST

On Wednesday morning, July 13, 2011, a single-vehicle accident in Cedar Rapids took place on a quiet residential street in the 2000 block of E Avenue NE.

Cedar Rapids police indicated that 20-year-old Jessica Mullen, of Cedar Rapids, was driving her minivan around 7 a.m. when the crash occurred. Her boyfriend, 25-year-old Brian Howell, advised police that she was taking him to work and had just left their home moments earlier.

It appears that Jessica looked down for a moment, whereupon she struck a wooden pole. Because she was 13 weeks pregnant, an ambulance transported her to St. Luke's Hospital out of precaution. There is no word about her medical condition or the baby's medical condition at this time.

The pole she crashed into was an Alliant Energy utility pole. The crash splintered the bottom of the pole and knocked down a street lamp. Crews at Alliant Energy are inspecting the pole to see if it needs to be replaced.

The Law Offices of Brady & O'Shea would like to extend our best wishes to Jessica Mullen and her unborn child.

Cedar Rapids Motorcycle Accident Sends Two to Mercy Hospital

Fri, 29 Jul 2011 08:00:00 EST

On June 10, 2011, a Cedar Rapids motorcycle accident occurred, sending two people to the hospital with injuries. The Friday evening collision occurred on Williams Boulevard near Highway 30, when a car and motorcycle collided.

Iowa police indicated that 49-year-old John Conner, of Cedar Rapids, was traveling north on Williams Blvd. when the motorcycle collided with a black Dodge Caliber. The Caliber, driven by 24-year-old Allison Belz, of Marion, was pulling out from the westbound Highway 30 exit ramp and struck the motorcycle.

Conner and his passenger were knocked off their motorcycle and hit the ground – neither was wearing a helmet. Witnesses said the man and woman appeared to be motionless before emergency officials arrived on scene. Conner was taken to Mercy Hospital and was reported to have non-life threatening injuries.

Janet Ritchart, his 51-year-old passenger, of Center Point, suffered serious injuries in the crash, and was last reported to have life threatening injuries. She was transported to Mercy Hospital as well, but was later transferred to University of Iowa Hospital in Iowa City.

Belz did not sustain any injuries in this Cedar Rapids crash. Belz was also traveling with a small boy who was not hurt in the accident, as he was riding in the back seat of the vehicle and was properly secured.

Belz did get cited for failure to yield while entering a thorough highway. Belz also did not have any proof of insurance, and received a citation for that violation as well.

The Law Offices of Brady & O’Shea would like to wish a full and speedy recovery to both the motorcycle driver and his passenger who were involved in this Cedar Rapids accident.

Eastern Iowa Nursing Homes Getting Reimbursed by Medicaid for Legal Fees

Mon, 25 Jul 2011 08:00:00 EST

A recent article revealed that Medicaid reimburses Iowa nursing homes and assisted living centers for some of their legal fees. For example, when a nursing home hires an attorney to represent them in fighting Iowa nursing home abuse claims, Iowans end up footing the tax bill.

An investigation into Eastern Iowa nursing homes showed that in 2010 Medicaid reimbursed them over $2.2 million in accounting and legal fees and professional services. Many residents and family members of seniors living in these Iowa nursing homes or assisted living centers are concerned that Medicaid still reimburses these facilities even if they lose their lawsuits.

Medicaid views legal fees as an allowable cost for a nursing home's per-bed, per-day reimbursement. They even reimburse these homes for association dues, which means that Iowans' taxes could help pay for salaries.

The Department of Human Service (DHS) put together a proposal to revise the Iowa code section that deals with reimbursing legal fees to nursing homes. The law would ban reimbursing a nursing home their legal fees if they lose a criminal or state civil action suit, or if the state suspends or revokes their license.

Although these changes have not taken place at this time, the DHS is still considering these revisions to the law.

If you suspect that your parent or loved one is a victim or nursing home abuse or neglect in Iowa, please call the Law Offices of Brady & O'Shea to talk with a skilled Cedar Rapids nursing home abuse lawyer today at (319) 866-9277.

Motorcyclist Leaves Injured Woman at Cedar Rapids Accident Scene

Sun, 24 Jul 2011 08:00:00 EST

On June 30, 2011, police issued a warrant for the arrest of a motorcycle driver due to an accident in which he injured a woman and fled the scene.

The Cedar Rapids motorcycle crash occurred near 3412 Towne House Drive NE on Thursday afternoon around 3:40 p.m. Police said the accident happened near the Twin Pines Golf Course and was a single-motorcycle accident.

There were no details on how the crash occurred, but both the motorcyclist and his female passenger were thrown from the bike and injured in this wreck.

When emergency officials arrived on scene, they took the female passenger to an area hospital with non-life threatening injuries. Her name has not been released at this time, nor has her updated medical condition.

Catrin Terrell Rhodes, the 30-year-old motorcyclist involved in this crash, fled the scene, and police went looking for him. By 5 p.m. police were outside his house at 4518 Pine Drive NE waiting for him to come home.

Police believe that Rhodes was injured in the crash as well, and have issued a warrant for his arrest for leaving the scene of a personal injury accident, driving while barred, no insurance, and failure to maintain control.

Police are still investigating this Iowa motorcycle accident at this time.

The Law Offices of Brady & O'Shea would like to wish a full and speedy recovery to those involved in this motorcycle crash.

Iowa Class Action Suit Claims Defective Flea and Tick Medication Causes Death and Injuries to Dogs

Fri, 08 Jul 2011 08:00:00 EST

Recently, there have been reports of dogs suffering seizures and other serious issues from a spray-on flea and tick medication. Some dogs have even died as a result, which ignited a nationwide class action suit against Sergeant's Silver Flea and Tick.

The class action lawsuit, filed in the U.S. District Court in Sioux City, alleges that Sergeant's Silver Flea and Tick Squeeze-On for Dogs was not tested properly prior to consumers purchasing it in Iowa stores and around the nation.

The lawsuit, headed by two Iowa women whose dogs were rushed to the vet after a play date in 2009, are asking on behalf of the class for compensation for vet bills, hospitalization costs, burials, and refunds for the medicine that was bought.

The Iowa class action lawsuit began after Ms. Bruett applied Sergeant's Silver Squeeze to her 3-year-old poodle. Soon after the application, Ms. Dodge brought her 9-month-old Yorkshire terrier puppy over for a play date. Although Ms. Bruett followed the instructions, the medicine caused an adverse reaction, and both dogs began shaking and having seizures.

Both dogs were rushed to a veterinarian and were bathed repeatedly. The poodle was eventually sent home, as it was 24.4 pounds and got through it. However, the Yorkshire terrier puppy was only 2.2 pounds and had repeated vomiting, quivers, increased respiration and heart rate, and died within a few hours.

These plaintiffs are arguing that Sergeant sold a defective product with insufficient warning labels, and are seeking damages.

Other consumers have come forward complaining about their dogs acting frantically after application, as well as severe reactions, toxic poisoning, pain, excessive scratching, crying and throwing up.

A spokeswoman for Sergeant has declined to comment to the Des Moines Register due to pending litigation.
If you have a class action lawsuit in Iowa or believe you were a victim of a company's defective product, please call the Law Offices of Brady & O'Shea today at (319) 866-9277.

Eastern Iowa Crash Sends One to the Hospital

Thu, 07 Jul 2011 08:00:00 EST

On Monday, June 20, 2011, an eastern Iowa car accident occurred, causing injuries and sending one to the hospital. Authorities report that this wreck occurred around 4:30 Monday afternoon, near Monticello, IA.

The Jones County Sheriff's Office received several 911 emergency calls describing a two-vehicle accident on Highway 151. Witnesses reported that the accident occurred at the intersection of County Road D65 and Highway 151, approximately one mile northeast of Monticello.

When the Jones County Sheriff's Office arrived on scene, they were assisted by the Monticello Police Department, Monticello Fire Department, Monticello Ambulance, Jones County Conservation Enforcement, and lifeguard air ambulance.

Dustin Wink, the 23-year-old driver of a white 2000 Chevy Lumina, was traveling eastbound on County Road D65 when he did not yield at a stop sign and drove into the path of a tractor-trailer. The semi truck was traveling southbound on Highway 151, and hit the Lumina on the driver's door and front corner panel. After impact occurred, the Lumina rolled into a ditch.

Jeffrey Steinke, the 54-year-old driver of the 2000 Peterbuilt tractor trailer, pulled to the side of the road after the collision. Steinke, of Johnson Creek, Wisconsin, was uninjured in the crash. However, Wink, of Wyoming, Iowa, was seriously injured in this Iowa truck and car crash.

Wink was airlifted to the University of Iowa Hospitals and Clinics for medical care. It is reported that he did sustain life-threatening injuries in this wreck.

The Jones County Sheriff's Office is still investigating this accident.

The Law Offices of Brady & O'Shea is saddened to hear of this tragic crash and would like to wish Dustin Wink a complete and speedy recovery.

Increase in Cedar Rapids Motorcycle Accidents

Tue, 21 Jun 2011 08:00:00 EST

On May 30, 2011, a Cedar Rapids motorcycle accident occurred early Monday morning. Iowa officials stated that the motorcycle crash injured a Cedar Rapids man and sent him to an area hospital.

Jason C. Hines, the 22-year-old motorcycle driver involved in this crash, lost control of his bike while he was traveling westbound on Old River Road, near Anderle Road. The Linn County sheriff's office indicated that the motorcycle crash occurred around midnight.

Officials said that Hines and his motorcycle tumbled before coming to a rest. He was taken to St. Luke's Hospital for his injuries. His injuries do not appear to be life-threatening.

Another Cedar Rapids motorcycle crash occurred one week later on Sunday, June 5, 2011, sending another man to the same hospital.

Officials indicated that 33-year-old Jason Henderson was traveling in the 2700 block of Indian Hill Road SE when he crashed. Henderson apparently lost control of his bike at a bend in the road and was sent into a ditch.

He was injured and was taken to St. Luke's Hospital with injuries that are not believed to be life-threatening.
Investigations into both Cedar Rapids motorcycle wrecks are still continuing.

The Law Office of Brady & O'Shea would like to wish both motorcycle riders involved in these separate Iowa motorcycle crashes a full and speedy recovery.

Defective Pickup Truck Caused Car and House Fire in Cedar Rapids

Mon, 20 Jun 2011 08:00:00 EST

On Wednesday night, June 1, 2011, a car fire occurred in Cedar Rapids. Fire fighters were called to a home located at 1730 C Avenue NW, in Cedar Rapids, Iowa around 11 p.m.

According to Iowa officials, neighbors alerted the Gardner family that their pickup truck had caught fire outside of their home. The fire eventually spread to the garage and home, but the family of five was warned in time so they could get out of the house without suffering any injuries in the blaze.

The fire department arrived on scene as the pickup truck, the garage and side of the house was on fire. They started battling the fire and kept it from spreading into the house any further. The only inside damage to the home was smoke-related. However, the garage and pickup truck were destroyed in the fire.

Fire officials indicated that the fire started in the engine compartment of the 1999 Ford F-150 pickup truck.
After investigation, it was determined that this truck was part of a massive recall that affected certain 1994-2002 Ford vehicles. The recall was to correct a safety issue that could cause the cruise control deactivation switch to overheat and cause a fire under the hood of the car.

Ford announced the recall in 2005, but Mr. and Mrs. Gardner were not the owners of this pickup truck at that time, since they bought the truck used and were not notified of this safety recall.

Thankfully, the family of five is unharmed after this unexpected Iowa car fire.

If you have been a victim of product liability in Iowa, please call the Law Offices of Brady & O'Shea today at (319) 866-9277.

Cedar Rapids Motorcycle Crash Sends Motorcyclist to the Hospital

Thu, 09 Jun 2011 08:00:00 EST

On the morning of Tuesday, May 24, 2011, a Cedar Rapids motorcycle accident occurred around 7:40 a.m. Iowa police officers confirmed that the crash took place on the corner of Mount Vernon Road and Ninth Avenue SE.

According to officials, a pickup was traveling southbound crossing Mount Vernon Road when a motorcycle traveling eastbound crashed into the truck.

Chris Formanek, the 32-year-old driver of the pickup truck, of Cedar Rapids, told Cedar Rapids police Sgt. J.D. Verschoore, "I didn't even see him." He explained that he was in route to work when the motorcycle driver came flying around the curve, plowing into his passenger's side door.

The motorcycle driver, whose name has not been released at this time, fell off his bike and onto the ground on impact. Police did indicate that he was wearing his helmet and did not appear to be seriously injured, as he was conscious at the accident scene. He was taken by ambulance to Mercy Medical Center for medical treatment.

Witnesses came forward and informed police that the motorcycle appeared to be traveling at a normal rate of speed prior to the collision.

Cedar Rapids police indicated that charges were pending against the pickup truck driver in this Cedar Rapids crash.

Law Offices of Brady & O'Shea would like to wish the motorcycle rider a full recovery following this accident.

Why Are Certain Iowa Nursing Homes Immune to Fines?

Wed, 08 Jun 2011 08:00:00 EST

A recent report by the Des Moines Register reveals that some nursing homes in Iowa are immune to fines. Although a typical Iowa nursing home can get slapped with a fine of up to $10,000 for each violation that caused someone's injury or death, an Iowa hospital-owned nursing home is immune to fines.

Iowa has 45 hospital-owned nursing homes that are not subject to the same fines as the other Iowa nursing homes.

How Can This Be?

Under Iowa law, hospital-owned nursing homes or long term care facilities aren't allowed to be penalized with state fines. No matter how many violations or how serious the violations, these nursing homes or long term care facilities will not receive any fines for their safety and health violations.

The former Iowa Department of Inspections and Appeals Director Dean Lerner attempted to "level the playing field" by wanting Iowa legislators to subject these hospital-owned nursing homes to the same fines and penalties as the other nursing homes in the state; however his efforts were resisted.

Although Iowa cannot fine hospital-owned nursing homes, certain Iowa officials have asked federal officials to consider fining certain homes. In fact, Iowa officials asked federal officials if they could fine 7 Iowa hospital-owned nursing homes for 10 violations between 2004 and 2008, in which fines ranged from $650 to $48,100.

If you believe your loved one is a victim of nursing home abuse in Iowa, please call the Law Offices of Brady & O'Shea today at (319) 866-9277.

Iowa-Based Company at Center of Class Action Suit

Sat, 04 Jun 2011 08:00:00 EST

Since class action cases require certification before they can proceed as a consumer class action lawsuit, it was already a victorious day for some consumers after a judge recently certified that the case against Pella Corporation could be considered a class action lawsuit.

Pella Corp. is an Iowa-based manufacturer of doors and windows, and has been the focus of many complaints regarding allegations of defective products.

The majority of people who are involved in the Pella lawsuit have noticed that their window frames were rotting before the timeframe that a window should last. Consumers are claiming that the company has a design defect allowing water to seep in behind the aluminum cladding, thus causing the wood to rot prematurely.

Iowa consumers as well as other consumers throughout the nation have brought their concerns to court in hopes of seeking financial recovery. In the case of some residents, they are seeking damages for the future. Although judges typically do not compensate people who have not suffered losses, this is one of the factors of the Pella case since there may be future losses.

The lawsuit is also claiming that Pella Corp is committing consumer fraud because they have hidden the problem from the public. However, Pella is denying those allegations.

If you have a class action lawsuit in Iowa or believe a company has committed consumer fraud, please call the Law Offices of Brady & O'Shea today at (319) 866-9277.

Rear-View Camera May Have Prevented this Eastern Iowa Back-over Accident

Fri, 06 May 2011 08:00:00 EST

A deadly accident in which a toddler was backed over by his mother's car leaves a family devastated and a nation asking the question: when are vehicles going to come equipped with rear-view cameras?

This DeWitt, Iowa accident occurred when a mother was backing out of her driveway on Highway 30, when she accidentally ran over her 19-month-old little boy. Karen Pauley, the boy's mother, did not see her child behind the vehicle. Jack Pauly, the toddler, sustained head injuries in this Iowa crash. He was transported by helicopter to the University of Iowa Hospitals where he later died from his injuries.

Sadly, this tragic accident is not unique. In fact, back-over accidents in Iowa and throughout this nation occur every year. Most back-over accidents involve sport utility vehicles and children, since the cars are bigger and small children cannot be seen when standing behind the vehicle. According to the Department of Transportation, blind spots account for 60% of back-over cases in bigger cars.

There is now a bill gaining support called the Kids and Cars Safety Act. If put into law, this bill would require that more cars have camera systems and reverse sensing systems to alleviate backing up safety issues. It would also require that by the fall of 2014 all cars be equipped with back-up cameras.

When the car is put into reverse, a camera in the bumper displays the rear image, and sensors also beep to let the driver of the vehicle know when he or she is getting too close to something.

The Law Office of Brady & O'Shea is deeply saddened to hear of this tragic accident, and would like to extend our condolences to the family of Jack Pauly.

Iowa Employees Involved in Class Action Lawsuit with Wal-Mart Reached Settlement

Thu, 05 May 2011 08:00:00 EST

Recently, a class action lawsuit in Iowa was settled involving Iowa employees of Wal-Mart Stores and Sam's Clubs who were involved in the Class Action lawsuit Mussmann, et al. v. Wal-Mart Stores, Inc.

However, before this case was settled, the Iowa District Court in Clinton County had to approve that the case be heard as a class action case in Iowa. The Court did hear the case and approved a settlement amount of $11 million.

Employees who worked at these stores in the state of Iowa from June 5, 1999 to May 9, 2009 could get a payment as part of the class action lawsuit regarding working conditions. The stores include: Wal-Mart Discount Stores, Supercenters, and Distribution Centers, and Sam's Club.

The lawsuit states that these Iowa-based stores failed to pay their hourly employees for all missed rest breaks and meal periods, even though the contract states that they pay their employees for this time. Hourly employees during this time period may have receive benefits if a claim had been submitted.

The settlement was finally reached, as Wal-Mart agreed to provide $11 million to compensate class members. On January 28, 2011, anyone who was part of this class action suit should have received payments, as the first and second distributions for class members were made. If a member did not opt-out of the settlement and if the correct address was on file, then a class member should have received their checks in the mail for their portion. The checks will be expiring at the end of April, as they are only good for 90 days.

The size of the payment to each class member depends on the length of time worked at one of these stores and the final number of class members involved in this suit.

Drowsy Driving May Have Contributed to Iowa Car Crash

Wed, 04 May 2011 08:00:00 EST

On April 10, 2011, an accident on Interstate 80 involved an Iowa football player. Officials indicate that this Des Moines car crash occurred around 2:45 a.m. Sunday morning.

According to the police report, Iowa State Trooper Matt Costello said that a pickup truck veered off the road and hit a guardrail. The crash occurred around mile marker 255 on I-80, near the West Branch interchange.
Dan Heiar, the driver of the pickup truck, was traveling westbound when his truck went off the side of the road and down a hill, after hitting a guardrail. When his truck came to a stop, he was pinned inside the vehicle.

Once emergency responders got to the accident scene, they worked on freeing Heiar; however, it took about one hour for officials to free him from his truck. Once he was rescued, Heiar was taken to the University of Iowa Hospitals for medical care. It is unknown what injuries, if any, Dan Heiar may have suffered in this Iowa accident.

Iowa law enforcement indicated that there was a lack of braking signs, which indicates that the driver may have fallen asleep behind the wheel.

Police are still investigation this accident.

The Law Office of Brady & O'Shea would like to wish Dan Heiar a full recovery.

Medical Condition Could Have Contributed to Cedar Rapids Car Crash

Tue, 03 May 2011 08:00:00 EST

On April 13, 2011, a pickup truck crashed into a retaining wall early Wednesday morning, just prior to 8 a.m. on Mount Vernon Road SE. Iowa law enforcement indicated that the man who was driving this truck apparently had a medical condition that could have contributed to this Cedar Rapids car accident.

According to police, 50-year-old Morgan Karns, of Cedar Rapids, suffered a health problem at the wheel and stepped on the accelerator, rear-ending another car. That vehicle, driven by 27-year-old Marlene El-Orm, was pushed across westbound lanes about 100 yards and into a retaining wall. The crash occurred on Mount Vernon Road SE near 42nd Street.

When emergency responders got close to the scene, they noticed white smoke, which was believed to be a fire initially. When they arrived at the site, they discovered the smoke was from the pickup tires. The tires were burnt, and thick skid marks were left all over the roadway.

Both drivers of the vehicles involved in this accident were injured and taken to local hospitals for medical treatment. Neither of them had life-threatening injuries.

Officials investigated the crash and closed down a portion of Mount Vernon Road SE, and detoured traffic onto East Post Road.

The specific medical condition the man suffered is not known at this time.

The Law Office of Brady & O'Shea would like to wish both Mr. Karns and Ms. El-Orm a speedy and full recovery.

Drunk Driver Rams Pickup into Front Porch in Cedar Rapids Crash

Mon, 02 May 2011 08:00:00 EST

On April 13, 2011, a strange accident in eastern Iowa occurred in which a pickup truck crashed through the front of a house Wednesday morning. Iowa law enforcement indicated that alcohol was involved in this Cedar Rapids car accident.

Around 9:40 p.m., Justin J. Brower, 28, of Cedar Rapids, was seen speeding around 90 mph down Ellis Boulevard NW. Not long after that, his pickup truck rolled through the yard and front porch of a house located at 1701 Ellis Blvd. NW.

Dawn Langham, the 67-year-old owner of the house Brower drove into, was not injured in the crash. She had gone upstairs about 15 minutes before the pickup truck struck her home. However, she was startled out of bed with the load noise and bright lights.

Apparently, the pickup truck went through a concrete pillar and destroyed the porch and flower box; however, it did miss the side of the house.

Brower ran from the scene and was found by officials about an hour later in Ellis Park, covered in mud and not wearing any shoes. They arrested him for speeding, suspicion of operating while intoxicated, reckless driving, and failure to maintain control.

Brower was also to blame for a minor accident earlier in the night, when he sideswiped an SUV.

No one was injured in either of these eastern Iowa crashes.

The Law Office of Brady & O'Shea would like to remind motorists not to drink and drive.

Fatal Pedestrian Accident Involving Semi Truck Near North Liberty

Tue, 26 Apr 2011 08:00:00 EST

On Friday, April 8, 2011, one person was tragically killed on Interstate 380 near North Liberty, Iowa. According to reports, the Iowa truck accident happened on north I-380, near the 5 mile marker around noon.

According to authorities, a truck driver hit and killed a pedestrian. The tractor-trailer, driven by Kenneth Pilkenton, 52, was traveling north on I-380 when a pedestrian walked into his path. The truck driver explained that he did attempt to steer away and brake, but he could not avoid the pedestrian.

According to Iowa Highway Patrol, the pedestrian exited his vehicle that was parked on the shoulder and walked into the truck's path.

The pedestrian, the driver of a vehicle that was parked on the shoulder, was identified as 55-year-old Thomas Lee Tvedte, of Iowa City. According to Iowa State Patrol, Tvedte was pronounced dead at the scene.
The State Patrol and Johnson County Sheriff's Office are still investigating the cause of the crash as they do not know why this man stepped into the path of a semi truck.

Traffic on I-380 northbound, near North Liberty, was backed up as the interstate was down to one lane due to this fatal accident, investigation and cleanup.

The Law Office of Brady & O'Shea is saddened to hear of this news and send our condolences to Mr. Tvedte's family and friends.

Lisbon Woman Seriously Injured in Head-On Collision With Semi Truck

Mon, 25 Apr 2011 08:00:00 EST

On Friday, April 1, 2011, a passenger vehicle and semi truck collided head-on near Swisher. This Iowa car accident occurred on Interstate 380 around 2:45 a.m. in northern Johnson County.

Iowa State Patrol said they were attempting to locate a red vehicle that was traveling the wrong way in the northbound lane of I-380 near the Swisher exit and mile marker 11. However, Johnson County Sheriff's deputies found the car at mile marker 9 after it had already crashed head-on into a semi truck.

The Iowa State Patrol said that the driver of the truck was not injured; however, the driver of the car sustained injuries and was flown to University of Iowa Emergency Trauma Center.

We do not know the extent of the driver's injuries, but police did identify the driver as Anna Marie Miller, a 46-year-old resident of Lisbon.

Although the semi truck driver was not injured, there were large amounts of fuel spilled onto the interstate. The Johnson County HazMat team arrived on scene to clean up the diesel fuel spill. The truck driver involved in this crash is Thomas N. Kyle.

Other emergency responders that arrived on scene included: Swisher Fire Department, North Liberty Police, Cedar Rapids Area Ambulance, and Iowa DOT motor vehicle enforcement.

Further investigation is being conducted to see if the driver of the car was under the influence at the time of the crash. A blood sample was taken, but findings have not been released at this time.

The Law Office of Brady & O'Shea would like to wish Anna Marie Miller a full recovery.

Benton County Accident Leaves Two With Devastating Injuries

Mon, 18 Apr 2011 08:00:00 EST

On Monday, March 28, 2011, a serious accident occurred in Benton County involving two vehicles. Authorities say that the accident took place on U.S. Highway 30 in Newhall, Iowa.

According to the police, the wreck occurred around 7 a.m. on U.S. Hwy 30 near the intersection of County Road W14.

Alanna Steininger, 34, of Newhall, was traveling east in her pickup truck and was accelerating to get up to highway speeds. Another driver, 44-year-old Dawn Berger, of Blairstown, came quickly up from behind and overtook the pickup truck. Berger was driving a Chevrolet Impala, and according to the accident report, she swerved into the right lane and then back again. The Impala crashed into Steininger's pickup truck, injuring both drivers. The Impala continued south into a ditch, and the pickup truck came to a rest on the inside shoulder.

According to the Iowa State Patrol, both Benton County residents were taken to St. Luke's Hospital in Cedar Rapids for medical treatment.

Police are investigating this accident, and believe that the sun may have affected Berger's vision, according to the accident report.

Both drivers suffered debilitating injuries, and further information about their medical conditions is unknown at this time.

The Law Office of Brady & O'Shea would like to extend our thoughts to both victims of this serious Iowa accident, and wish them a full and fast recovery.

Eastern Iowa Motorcycle Accident Takes the Life of 21-Year-Old Man

Sat, 09 Apr 2011 08:00:00 EST

On Monday, March 14, 2011, a West Branch man died in an Iowa motorcycle accident. Authorities said the motorcycle crash occurred in Muscatine County near Downey in eastern Iowa.

Tony D. Good, 21, was driving a 2005 Kawasaki around 2:30 p.m. when he apparently lost control of his motorcycle. Iowa State Patrol said that Good was traveling southbound on County Highway X30, one mile north of Highway 6 and near the Muscatine and Johnson-Cedar county lines, when the accident occurred.

According to the accident report, police indicated that Good lost control of the motorcycle veered into a roadside ditch where the bike came to a rest. The West Branch man was not wearing a helmet at the time of the crash, and was killed in this Iowa motorcycle accident.

This fatal crash is still under investigation at this time by the Muscatine County Sheriff's Department, as it is unclear what caused the young man to lose control of the bike.

Tony D. Good is survived by his fiancée, Lindsay Schooley; his mother, Tina Schroder; his father, Randy Good; his sister, Shelby Good; his stepmother, Jill Good, and many other relatives including grandparents, aunts, uncles and cousins.

We are sorry to hear of this tragedy and send our thoughts and condolences to Tony Good's family and friends during this difficult time.

Red Light Cameras Help Reduce Cedar Rapids Intersection Crashes

Wed, 30 Mar 2011 08:00:00 EST

There are five Iowa cities using red light cameras to help fight traffic violations and decrease the number of serious Iowa car accidents and injuries. Cedar Rapids, Clive, Davenport, Sioux City and Council Bluffs have installed red light cameras and have already seen them be effective.

The Executive Director of National Coalition for Safer Roads, David Kelly, attributes the decrease in Iowa car accidents and fatalities at intersections to automated red light cameras. The number of deaths and crashes occurring at intersections has been decreasing over the last five years in Iowa and throughout the U.S.

Although motorists dislike red light cameras because of the increased chance of receiving a fine and ticket, lawmakers believe that these cameras have reduced the number of fatal crashes in Iowa. "That is probably the single factor that is determining what is happening at intersections. We know that there are fewer people running red lights and getting tickets and that is driving the decrease down in fatalities at intersections," said Kelly, former head of the National Highway Traffic Safety Administration.

Law enforcement has indicated that red light cameras are a valuable countermeasure to dangerous driving behaviors and motorists running red lights. Red light cameras have decreased Iowa auto accidents and fatalities, and increased these cities' revenue. In fact, Davenport netted over one million dollars last year from red light camera citations.

Although cameras are a good safety tool, they haven't prevented all intersection accidents in Cedar Rapids or the other cities. Police officers still need to patrol intersections, as Kelly states that the drivers of the cars running red lights are typically not the victims. Two-thirds of the victims killed at intersections are bicyclists, pedestrians, and others who had the right of way.

If you have been injured in a Cedar Rapids accident due to a red light runner, please call Iowa personal injury lawyers Brady & O'Shea today at (319) 866-9277.

Northeast Iowa Woman Accused of Identity Theft

Sat, 19 Mar 2011 08:00:00 EST

On Wednesday, March 2, 2011, a northeast Iowa woman was accused of identity theft. Authorities say that a 36-year-old woman of Elgin, Iowa, was arrested by the Fayette County Sheriff's Office and taken to the Fayette County Jail.

Tiqua Rene Anderson, the woman accused of identity theft, is said to have applied for and received a Sallie Mae federal student loan using someone else's name. Anderson got the student loan in January 2011.

The sheriff's office said that the victim allegedly did not have any knowledge that her name was used in order for Anderson to obtain this student loan, and the victim did not give Anderson permission to get the student loan.

If Anderson is charged and convicted of this crime, she could face jail time. Identity theft in Iowa is considered a felony and carries a penalty of prison time up to five years.

Anderson is awaiting her initial appearance and is being held in Fayette County Jail.

We will keep you updated about this case as more details unfold.

Identity theft in Iowa and throughout the nation is fraud. If you have been a victim of financial fraud in Iowa, please call the law offices of Brady & O'Shea at (319) 866-9277 for a free legal consultation.

Fatal Eastern Iowa Car Accident Caused By Driver With Numerous Traffic Violations

Thu, 17 Mar 2011 08:00:00 EST

On Monday, March 7, 2011, a pickup collided with a minivan on Highway 30 in Tama County, Iowa. Authorities said the pickup crossed the centerline and hit the minivan head-on around 2:10 p.m. on Monday.

Laine R. Dennison, the 47-year-old driver of the pickup truck, was driving west on Highway 30 near Highway 21 when he drove into oncoming traffic. His pickup truck hit a minivan driven by 26-year-old Joseph Starits, of Toledo. Sadly, this Iowa car accident led to the death of Mr. Starits.

According to the Iowa State Patrol, the passengers in the minivan were injured and were taken to the Marshalltown Medical & Surgical Center. The two passengers are 24-year-old Elizabeth Starits and Tristan Starits. Mr. Dennison was also transported to this same hospital for medical treatment. All three have been treated and discharged.

Mr. Dennison, of North Liberty, has charges pending against him due to the fatal crash. He also has an extensive traffic violation record. He has received 38 speeding tickets, six seat belt violations, two convictions for driving while barred, one conviction for failure to maintain control, and one conviction for careless driving. Most of the speeding convictions were obtained in Eastern Iowa in Linn County and Johnson County.

Mr. Dennison will now be faced with charges and having to defend his driving record in Iowa Court.

The attorneys at Brady & O'Shea would like to send out condolences to the family and friends of Mr. Starits, and we would also like to wish the other victims a full and speedy recovery from the injuries they sustained in this Iowa car accident.

Iowa Financial Fraud Scheme Lands Man in Federal Prison for Defrauding Farmers & Banks

Fri, 11 Mar 2011 08:00:00 EST

On Thursday, February 17, 2011, the U.S. District Court in Cedar Rapids, Iowa sentenced a man to over 12 years in prison for defrauding farmers and banks out of their money. Authorities indicated that this fraudulent financing scheme swindled people out of millions of dollars. A total price isn't known, but it is believed that this scheme resulted in $7 million to $20 million in losses.

Leon Walterman, a former Dike farm implement dealer, was sentenced to 12 years and seven months in federal prison for his financing scheme that defrauded banks and farmers. Judge Linda Reade charged Mr. Walterman with mail fraud, conspiracy to commit money laundering and unlawfully intercepting communications.

Mr. Walterman, of Walterman Implement, is believed to have double financed farm equipment purchases, submitting bad contracts to lenders.

The 60-year-old criminal was facing 15 years in prison, but because he accepted responsibility for his actions and helped the FBI with their investigation, Assistant U.S. Attorney Sean Berry argued for the minimum federal sentencing of 12 years.

The court ordered a total of $23,000 in restitution be paid immediately. However, Mr. Walterman and two other employees are ordered to pay $10 million in restitution distributed to the following:

AgriCredit $588,000
First National Bank of Omaha $42,000
Wells Fargo Bank $47,000
Crawford & Co. insurance $1.356 million
Case NH Capital $8 million
Farmers involved in the combine trade-in program $322,000

The two other employees involved in this Iowa financial fraud scheme will be sentenced in March.

Two Injured in Cedar Rapids Car Crash

Thu, 10 Mar 2011 08:00:00 EST

On February 28, 2011, a multiple car crash in Cedar Rapids occurred on Blairs Ferry Road NE. This Monday morning car accident occurred around 10 a.m., and injured two people.

Police said that the three-car accident was caused when a car went out of control because the driver may have suffered from a medical condition. The female driver, whose name has not been released, clipped a sport-utility vehicle. The driver of the SUV, 55-year-old Fred Barnett, of Monroe, La., witnessed the female driver shaking and stopped his car to get out and check on her. Before he could exit his SUV, the female driver jumped the median and continued traveling west on Blairs Ferry Road NE.

The female driver of the red car then broadsided a white car at the intersection of Blairs Forest Way NE. She struck this vehicle near the Road Ranger gas station, right after she collided with the SUV.

When rescuers arrived on scene, they had to take off the doors of the white vehicle to free the driver. Firefighters worked for a while to remove the doors to the vehicle that was broadsided. The driver of this car was taken by ambulance to a local hospital for medical treatment. She was reported to be conscious; however there was no word on the seriousness of the injuries she sustained.

The driver who is believed to have a medical condition was also transported by ambulance to an area hospital for medical care. No further information was released about the condition of this driver.

The attorneys at Brady & O'Shea would like to wish both female drivers a full and speedy recovery from the injuries they sustained in this Cedar Rapids car accident.

Ann Brown-Graff Becomes a Partner with Brady & O'Shea

Tue, 08 Mar 2011 08:00:00 EST

Brady & O'Shea, P.C. is pleased to announce that Ann Brown-Graff has become a partner with the firm.

Ann Brown-Graff is a native of Cedar Rapids Iowa. She attended Cornell College, where she graduated cum laude with a degree in Political Science. While at Cornell, Ann was inducted into the Phi Sigma Alpha Honor Society and given the Mark E. Hutchinson Scholarship for excellence in Political Science. Ann attended the University of Iowa College of Law, where she graduated with distinction. While in law school, she was selected to participate in the Van Oosterhout Memorial Moot Court Competition and later served on the Moot Court Board as a student judge.

Ann is admitted to practice in all Iowa state courts as well as the Northern and Southern Districts of Iowa’s federal courts. She is a member of the Iowa Bar Association, the Iowa Organization of Women Attorneys, the Iowa Trial Lawyers Association and the American Trial Lawyers Association.

Ann currently resides in Cedar Rapids with her husband, Rusty, and her children, Madison and Piper. She joined Brady & O'Shea in 2004. She practices primarily in personal injury, product liability and employment law. Her personal injury practice includes assisting children and families in Eastern Iowa receive compensation for damages caused by lead poisoning.

Six Plaintiffs Request Class Action Certification Against Apartments Downtown in Iowa City

Sat, 05 Mar 2011 08:00:00 EST

A pending class action lawsuit has been filed against Apartments Downtown in Iowa City, regarding lease and rental code violations. The lawsuit is against Apts. Downtown Inc., also known as, Apartments Downtown, Apartments Near Campus, Associated University Realty, and Iowa City Maintenance.

This apartment leasing company rents to over 1,000 students and is one of the largest student landlords near the University of Iowa, overpowering other local landlords. The company is owed by the Clark family, who owns over 100 buildings with hundreds of rentals near the campus as well as throughout downtown. Some reports have mentioned that the Clark family is the largest landowner in Iowa City.

Apartments Downtown is being charged with allegedly violating the rights of their tenants and violating a number of sections of the Iowa Code. One example of this violation occurred when Apts. Downtown automatically charged cleaning fees requiring the tenants to pay for cleaning that the landlord should legally be required to do.

Another allegation is that Apts. Downtown charged tenants fees for damages to common areas they did not damage, and the lawsuit also alleges that they have withheld some security deposits for unwarranted reasons. The Press Citizen reported that even if the landlord charged $100 for cleaning fees to 1,000 tenants, Apts. Downtown would gain $100,000 a year.

Six people have become plaintiffs in this lawsuit against Apts. Downtown in Iowa City. The request for class action certification has been made, and more than 50 other tenants have come forward expressing interest in the class action lawsuit.

The plaintiffs believe that Apts. Downtown is taking advantage of young students with regards to illegal charges. However, the business manager for Apts. Downtown said that he does not feel that the lawsuit should be certified as a class action lawsuit in Iowa.

Iowa Semi Truck Crash Sends One Truck Driver to Hospital in Serious Condition

Sat, 26 Feb 2011 08:00:00 EST

On February 3, 2011, a destructive truck accident occurred on westbound Interstate 80 just west of the Quad-Cities near Walcott, Iowa. Police said that traffic slowed down on I-80, which was what led to the semi truck accident.

One semi truck crashed into the back of another large truck, pinning a man inside the cab. The force of the truck crash sent the truck's flat-bed trailer through the rear of the cab.

Rescuers started arriving on scene within minutes of the truck accident. Rescue crews included a MedForce helicopter and Davenport and Walcott firefighters. The firefighters spent over 30 minutes outside in severe conditions that were near zero wind chills trying to rescue the victim who was pinned in the cab. Once the victim was freed from the cab, the helicopter landed on the frozen highway and airlifted the truck driver to University Hospitals in Iowa City.

David Layton, the 55-year-old truck driver who was pinned in the cab, was wearing his seat belt when the accident occurred. Unfortunately, his condition is not fully known as he was brought into the hospital with severe injuries that may be life threatening.

The driver who drove his semi into the rear of Layton's cab is 33-year-old Thomas Leeds Jr. Iowa State Patrol said that Layton's semi truck started slowing down due to traffic ahead, and Leeds struck him from behind around mile marker 288. Leeds was not injured in this Iowa truck accident, but was shaken up from the crash.

This Thursday afternoon truck accident occurred around 12:35 p.m. and closed the westbound lanes of Interstate 80 for over an hour to clean up the debris. The eastbound lanes were not affected, and the westbound lanes reopened just after 2 p.m.

There is not word if charges have been filed in this matter.

The attorneys at Brady & O'Shea would like to wish David Layton a complete and fast recovery, and send our thoughts to his family during this difficult time.

Iowa Elderly Residents Seek Class Action Certification in BedBug Lawsuit

Sat, 19 Feb 2011 08:00:00 EST

Elderly and disabled tenants at two Des Moines, Iowa apartment buildings are suing their apartment owners and managers seeking back rent, hardships and lost property due to a substantial bedbug infestation. Residents said they told the managers about this problem in which they had been repeatedly bitten, but the managers refused to do anything about it for two years, until the residents filed a lawsuit.

On Tuesday, January 18, 2011, lawyers for approximately 300 elderly residents filed court papers asking a judge to certify their case as a class action lawsuit. Documents were filed back in March 2010, but the case has been slow moving. If the courts certify this case as a class action, it will help move the case along faster toward trial.

The residents of the Elsie Mason Manor and Ligutti Towers in Des Moines have had to discard infested furniture, and most are sleeping on the floors now, as they don't have anywhere else to go because people are shunning them, afraid of an infestation of bedbugs.

American Baptist Home, the management company for these two apartment sites, says they have attempted to eliminate the problem, but have acknowledged that there is still a bedbug problem in these buildings. A spokesperson for the company said, "the only thing else they could do is probably fumigate, But then you've got to put (all the tenants) in a hotel. Who's going to pay for that? And which hotel's going to take them?"

According to court documents, about one-third of the apartments have had a bedbug problem that has dated back to 2007.

Severe Winter Weather Increases Car and Truck Crashes in Eastern Iowa

Thu, 17 Feb 2011 08:00:00 EST

Severe winter weather in Iowa has made road conditions horrible. As a storm moved in Tuesday, February 1, 2011, strong winds coupled with heavy snow created blizzard conditions. Blizzard warnings lasted until Wednesday afternoon, with chances for whiteout conditions in certain areas of the state due to strong winds.

Over 200 schools were closed, several businesses closed, and flights at the Eastern Iowa Airport in Cedar Rapids and at the Des Moines International Airport were cancelled due to the heavy snow, ice, and wind.
Several motorists were stranded and had to spend the night in their cars due to this severe winter storm, and many traffic collisions occurred due to the snow and ice covered roads. In fact, the Iowa State Patrol said that between Monday morning and Wednesday morning they assisted 428 motorists and there were 151 traffic accidents.

The Iowa Department of Transportation said there were many semitrailer accidents due to these harsh weather conditions. They said the empty trailers were more vulnerable to strong winds, and urged truck drivers to stay off the roads and wait the storm out.

One such accident involving a semi truck turned into a multi-vehicle crash on Tuesday around 1 p.m. The Iowa State Patrol said that they had to close a section of Interstate 80, just east of Des Moines, due to this Iowa truck crash. The tractor-trailer was traveling eastbound on I-80 and slid out, ending up on the westbound side. Luckily no injuries were reported, but traffic was backed up for quite some time.

The attorneys at Brady & O'Shea wish all the victims of these Iowa car and truck crashes a complete and fast recovery. We encourage motorists to stay off the roads during harsh winter weather conditions, and wish everyone a safe winter.

Lawrence "Junior" Brehm Killed in School Parking Lot Accident

Thu, 10 Feb 2011 08:00:00 EST

The man killed Tuesday morning in a Dubuque school district parking lot has been identified as Lawrence S. "Junior" Brehm, 33, of Dubuque, Iowa.

The incident remains under investigation, but preliminary reports indicate that Brehm, who was an electrician in the school district's maintenance department, was working in a parking lot outside of the district's building and ground department when he was struck and killed by a snowplow driven by Dale Michael Metcalf, 48, of Asbury, Iowa. Brehm died at the scene.

Brehm had worked for the school district since 2005. He is survived by his wife Wendy and three young children.

Habitual Offender Pleads Guilty to Running Over Des Moines Teen

Wed, 09 Feb 2011 08:00:00 EST

Joel Simpson plead guilty today of running over Des Moines teenager Melissa Ann Robinson last June. Robinson, who was 14 at the time of the crash, was severely injured and underwent several surgeries. Simpson plead guilty to four charges which could land him in prison for up to 14 years. His trial was to begin Monday.

Simpson admitted that he was under the influence of marijuana when he ran a stop sign and hit the girl. Robinson was dragged for 75 feet, then fell from the car. Simpson continued on until the car hit a tree. Robinson suffered a broken arm, broken facial bones, and an injured leg. Her injuries required surgeries to put plates in her face, insert pins in her leg, and repair a tear in the aortic valve of her heart.

Simpson has a long record of driving violations, including drunken driving and driving while barred. He is one of the roughly 5,000 drivers in Iowa classified as a "habitual offender". That classification, imposed by the Department of Transportation, means that he received at least three moving violations, such as speeding, failing to stop, or failing to yield, over a 12-month period. His license has been revoked seven times.

If you have been injured by a negligent driver, contact us today to find out your legal rights to recovery.

Two Fatal Accidents in Williamsburg, Iowa

Mon, 07 Feb 2011 08:00:00 EST

Two men were killed in Williamsburg, Iowa on Thursday, in separate accidents.

Frank Meager, 33, of Cottage Grove, Minnesota, was cutting down a tree near the 2600 block of O Avenue in rural Williamsburg at about 12:45 p.m. when the tree fell and crushed him. Meager was working as a subcontractor, clearing the way for a pipeline company.

Approximately one hour later, a group of hunters was trying to free a pickup truck stuck in the snow in a filed east of the intersection of 225th Street and NN Avenue in rural Williamsburg, Iowa. The tow strap, attached to a second pickup, failed and a portion of the strap struck and killed Gerome Miller. Miller was 63 and from Marengo, Iowa.

Iowa School Bus Crash Sends Four Students to Hospital

Sat, 05 Feb 2011 08:00:00 EST

On Tuesday, January 11, 2011, an Iowa car and school bus accident occurred. Police said the crash happened early in the day as the school bus was picking up children on the way to school.

The Iowa State Patrol said that a 30-year-old driver, of Hopkinton, lost control of her car and caused the accident. Shawna Beitz was driving her car on Highway 38 in Delaware County, just south of Sand Springs when she lost control of it. Her vehicle crossed the center line and hit the school bus.

Police said the vehicle slid sideways into the Monticello school bus. The driver of the car was taken to the University of Iowa Hospital. She remained hospitalized that day, and her condition has not been released at this time.

The school bus driver was not injured; however, four students were taken to the hospital as a precaution.

The Monticello Superintendent Chris Anderson said that that sturdy school bus construction prevented serious injuries to the children.

The Iowa car and bus crash closed Highway 38 for approximately two hours for cleanup and investigation.

We wish the students a full and speedy recovery as well as the driver of the automobile.

Severe Iowa Weather Blamed for Accidents, Injuries and Fatalities

Thu, 03 Feb 2011 08:00:00 EST

The Des Moines Register is reporting that at least two deaths and hundreds of traffic crashes in Iowa were due to the snow and severe weather conditions that lasted from Sunday, January 9 through Tuesday, January 11, 2011. A cold front followed the snow and dropped temperatures. Wind chills were as low as 30 degrees below zero.

On Monday, January 10, a 50-year-old man from Nevada, Iowa died in a car crash. Authorities believe weather was a factor in this single-vehicle accident, which occurred in Cerro Gordo County. Kenneth Gordon's pickup truck rolled over, but sadly he was not wearing his seat belt.

On Tuesday, January 11, a 55-year-old man died in a car crash involving a tractor-trailer. Suad Adam collided into a parked tractor-trailer around 6:50 a.m. on Interstate Highway 80. No further details are available at this time; however, weather most likely was a factor.

On this same day, Des Moines police responded to 73 area accidents between 6 a.m. and 6 p.m. And, on Monday and Tuesday medical centers were full of people who had been injured in traffic-related accidents in Iowa.

Officials are saying this is the heaviest snow Iowa has seen since the 2009 Christmas blizzard. Most of the southwest corner of the state saw between 8 and 9 inches of snow, Sioux City received 11 inches, and Des Moines saw just over 7 inches.

We are saddened to hear of the loss of life and these tragic Iowa car accidents. We send our condolences to the family and friends of both Kenneth Gordon and Suad Adam. We would also like to remind Iowa motorists to buckle up and drive carefully in these severe weather conditions.

Poweshiek County Crash Closes Interstate 80

Tue, 01 Feb 2011 08:00:00 EST

As Iowans brace for a blizzard, a crash between a semi and a car closed Interstate 80 for a period of time this morning. The Iowa Department of Transportation reported that a collision occurred around 10:00 a.m. three miles east of Brooklyn in Poweshiek County, Iowa. Initial reports stated that at least one person was injured in the crash.

The Interstate reopened late this morning.

Iowans May Have Lead in Their Reusable Store Bags

Fri, 28 Jan 2011 08:00:00 EST

The Center for Consumer Freedom recently released a study showing that a number of reusable store bags sold at national stores contained excessive lead. Bags from 44 different stores were tested and 16 came back as having over 100 ppm (parts per million) in lead content - considered to be the acceptable limit.

Stores whose bags were found to be over the limit include CVS Pharmacy and Walgreens Pharmacy. Both stores have a large presence throughout Iowa. The bags tested were made of polypropylene a commonly used material made in China.

This is not the first time that lead has been found in reusable grocery bags. In 2010, a Florida newspaper found lead in reusable bags purchased at Wal-Mart and Target.

Lead poisoning is known to cause permanent damage to the neurological system. Most cases of lead poisoning are caused by chipping and peeling paint found in homes built before 1978.

Commission Announces Nine Nominees for Iowa Supreme Court

Fri, 28 Jan 2011 08:00:00 EST

After conducting 60 interviews this week, the Iowa Judicial Nominating Commission announced the nine finalists for the Iowa Supreme Court. The slate of nominees will be sent to Governor Branstad, who will select three people to sit on the Iowa Supreme Court. The nominees are:

Robert James Blink, West Des Moines, Age 60
District Judge (appointed 1995)—Fifth Judicial District
J.D., 1975, Drake University

Arthur E. Gamble, Clive, Age 58
District Judge (appointed 1983), Chief Judge (appointed 1995)—Fifth Judicial District
J.D., 1978, University of Iowa

John C. Gray, Sioux City, Age 56
Attorney—Heidman Law Firm
J.D., 1981, University of Iowa

Steven Verne Lawyer, New Virginia, Age 45
Attorney—Law Firm of Steven V. Lawyer & Associates, PLC
J.D., 1991, Drake University

Edward M. Mansfield, Des Moines, Age 53
Iowa Court of Appeals Judge (appointed 2009)
J.D., 1982, Yale

Michael R. Mullins, Washington, Age 58
District Judge (appointed 2002)—Eighth Judicial District
J.D., 1982, Drake University

Angela Onwuachi-Willig, Grinnell, Age 37
Professor of Law, University of Iowa
J.D., 1997, University of Michigan

Thomas Dana Waterman, Pleasant Valley, Age 51
Attorney—Lane & Waterman L.L.P.
J.D., 1984, University of Iowa

Governor Branstad will have 30 days to make his appointments. Application materials, including a summary resume, completed questionnaire, and writing samples of each of the candidates are posted on the Judicial Branch website. Video of the interviews is also available.

Worker Dies in Iowa City Construction Accident

Mon, 24 Jan 2011 08:00:00 EST

A construction worker was killed Monday in a construction accident near the Art Building West at the University of Iowa in Iowa City. The worker was pinned beneath a beam along the shore of a pond. Members of the Iowa City Fire Department were on the scene for several hours this morning trying to free the worker, who was subsequently pronounced dead at the scene. The worker's name has not been released pending notification of family members.

The art building was flooded in 2008 and has been closed for repair. The worker was employed by a private contractor performing work at the site.

Unfortunately, this is not the first time in recent months that a worker has been killed on the University of Iowa campus. In September, an employee of a Clive-based glass company died after falling approximately 40 feet off a ladder while working on the Boyd Law Building.

Darvon and Darvocet Recall

Sat, 22 Jan 2011 08:00:00 EST

In November 2010, the FDA announced that Darvon and Darvocet would be removed from the market as a result of a voluntary recall by Xanodyne Pharmaceuticals, the makers of the drug. The FDA sought the recall because of the risk of serious or even fatal heart rhythm abnormalities.

Darvon and Darvocet are opioid medication used to treat mild to moderate paid. Darvon is the brand name for propoxyphene alone and Darvocet is the brand name for propoxyphene combined with acetaminophen.
The recall followed the FDA's further review of available date regarding the drug and a newly conducted study.

Two Drivers Injured in Fairfax Iowa Crash

Fri, 21 Jan 2011 08:00:00 EST

One driver is in the intensive care unit at the University of Iowa Hospitals and Clinics today and another remains hospitalized following a three-vehicle crash on Highway 151 in Linn County, Iowa Thursday morning. Joy Talley, 25, of Marion is being treated in the ICU for a head injury and Jeffrey Levsen, 45, of Marion, is in stable condition at St. Luke's Hospital in Cedar Rapids, Iowa.

Talley was rear-ended by a semi driven by Max Stransky, 67, of Cedar Rapids around 8:00 a.m. yesterday. The crash sent Talley's SUV into the path of Levsen's pickup. The SUV sustained major damage and debris was littered across the highway. The pickup went off the road and down an embankment before coming to a stop. The highway was closed yesterday as officials dealt with the scene.

An investigation of the crash is continuing and charges are pending.

Farmers' Class Action Lawsuit Frowned Upon by Iowa Congressman

Fri, 21 Jan 2011 08:00:00 EST

Last month, President Obama signed a measure into law which will pay Native American and African American farmers a total of $4.6 billion in order to compensate them for years of past government mistreatment.

This came about due to the Pigford class action lawsuit in which African American farmers brought a suit against the United States Department of Agriculture (USDA) on the grounds of racial discrimination. The class action lawsuit focused on promises that were made and broken for over a century to African American farmers in Iowa and throughout the nation. Also, the suit focused on the USDA's credit programs after the Civil War and how African Americans' credit applications were delayed or denied. In order for reform to be made and discrimination to stop, the Court approved a settlement for the class.

Today, there are less than 18,000 African American farms in the U.S. During the first Pigford class action settlement, there were about 15,000 cases reviewed for discrimination. Of those cases, only three were found to be questionable, according to Agriculture Secretary Tom Vilsack.

However, Steve King, an Iowa Congressman, believes there should be an investigation into this new settlement as he states that it is "full of fraud." He indicated that funding for the Pigford cases should be halted, but he was blocked by the Rules Committee. The Iowa Congressman wants Republicans to review this issue and investigate this settlement, as he believes many people have filed false claims and will receive thousands of dollars, even if they have never farmed.

The Pigford II settlement includes changes from the first Pigford class action lawsuit to better fight fraud. Even though the legislation process has taken years, the farmers that were wronged will finally be able to take their case in front of a judge now.

If you believe you are part of a class action lawsuit, contact Iowa class action lawyers at Brady & O'Shea today at (319) 866-9277.

Mom-to-be and Unborn Baby Killed in Iowa Car Crash

Thu, 20 Jan 2011 08:00:00 EST

Early on the morning of Sunday, January 9, 2010, a tragic rollover crash occurred in northwest Iowa, killing one pregnant woman and seriously injuring a passenger. The police reports indicate that a witness found the woman's body around 7:40 a.m.

Officials say that this Iowa car crash occurred because the driver lost control of her car. Angela Rae Evers was driving on a rural road and lost control about one mile northeast of Auburn. The car rolled five times before coming to a rest in a ditch. The 33-year-old driver was not wearing her seat belt and was ejected from the vehicle. Sadly, her unborn child was killed as well.

A deer hunter found Evers lying dead in a field and her passenger, 24-year-old Nathan Lee Meister, nearby. Meister told rescue crews that he crawled out of the car and over to Evers body. He was seriously injured in the car accident and was taken to a Des Moines hospital for medical care.

Meister told authorities that he thought the crash occurred after 1 a.m. but before 3 a.m. However, the body and accident was not discovered until later Sunday morning. Officials said that the overnight temperatures were extremely cold - in the single digits to low teens.

Meister was listed in serious condition at Mercy Medical Center in Des Moines as of Monday morning. An autopsy for Evers has been scheduled. There is no other information regarding the details of the crash at this time.

We are saddened to hear of this tragic crash and loss of life. We send our thoughts and condolences to the victim's family and friends, and wish Nathan Lee Meister a full and speedy recovery.

Driver Going Wrong Way Causes Car Accident on Highway 58 in Cedar Falls

Wed, 19 Jan 2011 08:00:00 EST

A three-car accident on Highway 58 between Greenhill Road and University Avenue in Cedar Falls caused a temporary closure of the highway around noon on Tuesday. Authorities report that Viola Peters, 88, of Wellsburg, Iowa was driving southbound on the northbound side of the highway. Peters' vehicle collided with the vehicle criven by Jalia Ravn, 20, of Cedar Falls. Ravn's car was then rear-ended by a semi driven by James Hnsel, 53, of Dyersville, Iowa.

Cedar Falls Police Chief Jeff Olson reports that all the injuries were minor.

Wiconsin Truck Driver Killed After Being Pinned Between Vehicles in Buchanan County, Iowa

Tue, 18 Jan 2011 08:00:00 EST

A Wisconsin truck driver has died in Buchanan County, Iowa after being pinned between two vehicles. Steven Rasey, 54, of Whitewater, Wisconsin dropped a load of tile at a farm on Benson Shady Grove Avenue near Jesup, Iowa. He then apparently tried to clear him semi of snow using a skidloader and became trapped between the two vehicles. The owner of the property discovered Rasey, who was unconsious, around 9:00 a.m. Monday. Rasey was transported to the Buchanan County Health Center. He died from his injuries.

Bicyclist Sent to Hospital After Northern Iowa Car Crash

Tue, 11 Jan 2011 08:00:00 EST

On Tuesday, January 4, 2011, an accident involving a bicycle and a car occurred in North Liberty. Police said the crash took place on Highway 965 around 6 a.m. Tuesday morning.

The driver of the automobile was traveling on Lions Drive and attempted to turn onto Highway 965 when the vehicle collided with a bicyclist. Authorities said that the driver of the vehicle did stop at the stop sign before proceeding to turn onto the highway; however, she didn't see the bicyclist.

Timothy Green, 56, of Coralville was the bicyclist involved in this crash. He was riding his bike on the shoulder of Hwy 965 traveling northbound. The North Liberty police said that Karen Huntley, the 58-year-old driver, of North Liberty just didn't see the bicycle.

Authorities said Green was injured in the crash and was taken by ambulance to the University Hospitals in Iowa City for medical treatment. At the time of the accident, Green's injuries were reported to be serious but not life-threatening.

Police did verify that Green had lights on his bicycle. North Liberty Police Chief Jim Warkentin said, "There's usually a street light there, but because of the construction, it's not there anymore. Since they've been redoing the road, some of those intersections have not had lights put back up yet."

There are charges pending in this Iowa car crash.

Highway 965 was closed down in both directions in order for the police to conduct an investigation.

We wish Timothy Green a full and speedy recovery.

Fatal Car Accident on Slick Road in Western Iowa

Mon, 10 Jan 2011 08:00:00 EST

A slow-moving snow storm making its way across Iowa has claimed two lives on slick roads 35 miles west of Des Moines, Iowa. Authorities says that two people were killed when their pickup truck slid across an Interstate 80 median and collided with a semi yesterday around 4:00 p.m. The crash took place just east of Stuart, Iowa. Eastbound lanes of Interstate 80 were closed for nearly four hours in the wake of the crash.

The Iowa Department of Transportation currently reports that roads in the western half of the state are partially or completely covered with snow. This includes Interstates 29, 35, 80, and 680. Total snow accumulations could be as much as 6 to 11 inches in the western part of Iowa, up to 7 inches in central Iowa, and 2 to 5 inches in eastern Iowa. A winter weather advisory is in effect for all but the northeast corner of the state and drivers are advices to take extra care when traveling during the storm.

Iowa Home Owners Not Receiving Help from Banks During Foreclosure Crisis

Sun, 09 Jan 2011 08:00:00 EST

Despite Congress enacting the Home Affordable Modification Program (HAMP), Iowa home owners find most banks unwilling to modify their mortgages and are loosing their homes because of it. The Cedar Rapids Gazette recently reported on a Marion family who had tried working with their bank, Wells Fargo, to obtain a loan modification only to find a bureaucracy unwilling to assist them.

Their story is the same as many homeowners throughout Iowa, who have found it incredibly difficult to obtain loan modifications and are instead facing foreclosure. The Gazette quoted John Gianola, managing attorney with Iowa Legal Aid in Cedar Rapids as stating "They've created this bullet-train system that rushes toward foreclosure, but this other train that's supposed to work with people is an antiquated steam engine that just breaks down." Iowa has created the only statewide response to the mortgage foreclosure crisis that providing homeowners with assistance completely free of charge. Still, without cooperation from the bank, home owners do not get the relief they need.

This is true nationwide. A congressional report relating to load modifications found that "the private sector was either unwilling to conduct mortgage modification on its own of a scope and scale necessary to stem the tide."

Cedar Rapids Teen Charged With Two Counts of Vehicular Homicide

Fri, 07 Jan 2011 08:00:00 EST

As reported previously, a fatal Cedar Rapids car crash occurred on November 8, 2010 involving four teenagers. The driver of the car lost control of the vehicle and rolled the car. Two teenagers were injured and one teen died as a result of the impact. Our previous article can be found here; however, new information has developed.

Ramius Hardiman, the 17-year-old driver of Cedar Rapids, was charged previously with two counts of vehicular homicide for killing 17-year-old passenger Jose Mendoza. The case was supposed to be tried in juvenile court; however, the state of Iowa has requested that the trial be transferred to adult court because of the seriousness of the crime. Hardiman also turns 18 in January 2011.

In a ruling on December 17, 2010, a Linn County juvenile judge ruled that the case be assigned to adult court due to these facts. The revised complaint for Hardiman now includes criminal charges of unintentionally causing Jose Mendoza's death by operating his vehicle while he was intoxicated and driving in a reckless manner.

Hardiman's alcohol concentration level was .06; however, he could still be considered to be driving under the influence in Iowa even though a BAC of .06 is below the legal limit. Police did find alcohol bottles around and in the car immediately after the crash, and Hardiman's blood test wasn't taken for two hours and thirty minutes past the crash time. Because the crash resulted in a death, Hardiman can be charged with drunk driving.

We will continue to monitor this incident and report on updates. Our thoughts are still with the family of Jose Mendoza during this tragic time.

Davenport Car Crash Involves and Injures Mallard Hockey Player

Tue, 04 Jan 2011 08:00:00 EST

On Monday, December 6, 2010, a pickup truck crashed into the rear of a Davenport house after the car lost control in a steep alley. Police said the driver of the pickup was found lying on the ground outside of his car at 6 a.m. Monday morning, after the pickup hit the house located at 1219 Tremont Avenue.

Police said the Iowa car accident occurred around 4 a.m. when the pickup truck smashed into a house. The 24-year-old male driver appeared to have crawled out of the passenger side of the car and fallen to the ground before being found two hours later. He was discovered lying in the snow outside of the vehicle and appeared to have sustained serious injuries.

Philip Axtell, a Quad City Mallard hockey player, was identified as the driver and was taken to an Iowa City hospital for medical treatment as he sustained serious, non life-threatening injuries. Police said that they believe that Axtell was drinking prior to the car crash.

Axtell's coach was asked if the hockey player's season was over, and the coach wouldn't answer if Axtell would be joining the team again until he was provided with more information. Axtell was interviewed at the beginning of the season, and said that he had given up drinking and wanted to rededicate himself to hockey and resume his hockey career.

The American Red Cross of the Quad-Cities area is assisting the owners of the house that Axtell hit. They are giving the family of that house temporary shelter and food for two adults and five children.

We are glad to hear that no one in the house sustained any injuries and we hope the family will be able to return home soon. We also wish Phillip Axtell a fast and full recovery from his injuries.

10-Year-Old Child Killed in Marshall County Collision

Mon, 27 Dec 2010 08:00:00 EST

A head-on crash in Marshall County, Iowa yesterday left a 10-year-old child dead. The collision occurred around 3:15 p.m. Sunday near Marshalltown, Iowa.

The Iowa State Patrol has reported that two vehicles were heading in opposite directiosn on 180th Street when they collided. Three people were taken to Marshalltown Hospital for treatment. Ten-year-old Hunter Snider was killed in the crash.

Tama County Iowa Fatal Car Crash

Thu, 23 Dec 2010 08:00:00 EST

A crash in Tama County, Iowa this morning has left one person dead. Toledo, Iowa fire officials have stated that a car ran off the road early this morning and collided with a fuel barrel, setting the vehicle on fire. One person inside the car was killed. The victim has yet to be identified.

The fire also spread to a nearby barn, which sustained damage.

Lead Poisoning Caused by Jambrulin-Ayurvedic Health Supplement

Wed, 22 Dec 2010 08:00:00 EST

The Connecticut Health Department is issuing a warning to consumers to avoid an Ayurvedic health supplement called Jambrulin because it contains dangerously high levels of lead. Jambrulin is marketed as aiding the pancreas; however when it was tested, it was found to contain approximately 3.5% lead. Multiple cases of lead poisoning have been linked to the use of Jambrulin. Jambrulin has previously been banned from being sold in New York in 2005 and in 2004 the CDC reported on a severe lead poisoning case caused by the use of Jambrulin.

Ayurveda is a traditional form of medicine practiced largely in India and South Asia. There are many Ayurvedic supplements that have been found to contain dangerously high levels of lead, mercury and arsenic. This can partially be caused by contamination, but in cases involving extremely high heavy metal content, the dangerous metal was likely an intentional ingredient.

Despite the well-known dangers of ingesting lead and other heavy metals, ayurvedic products containing heavy metal continue to be sold in the United States. This is because herbal supplements are not subjected to testing and approval by the FDA, the same way that other medications are.

Brady and O'Shea represented a woman who was severely lead poisoned by an ayurvedic supplement and worked with the countries leading experts in lead poisoning, including experts in lead poisoning caused by ayurvedic supplements.

Decision to Outlaw Drop-Side Cribs Keeps Iowa Children Safe

Tue, 21 Dec 2010 08:00:00 EST

The Consumer Product Safety Commission unanimously voted to ban the manufacture, sale and resale of drop-side cribs. Drop-side cribs have caused more than 30 infant and toddler deaths in the last 10 years, including the tragic death of a Cedar Rapids baby, which prompted the recall of 600,000 Dorel Asia cribs in January of this year. This decision by the CPSC makes Iowa children safer by taking an unsafe product off of the market. In the past five years, 9 million drop side cribs have been recalled after being found to be unsafe. Parents of children killed or injured by drop-side cribs have been working long and hard to have these cribs removed from the maket. In addition to removal from the market, the new regulations prohibit the use of drop-side cribs in hotels and child care facilities. The ban will go into effect in June 2011.

SUV Rolls Into River After Sliding Off an Icy Road in Northeast Iowa

Sun, 19 Dec 2010 08:00:00 EST

On Sunday, December 5, 2010, a one-car accident occurred near Anamosa, Iowa when a sport utility vehicle (SUV) slid off a wet road and rolled into a river, leaving the driver's car totaled. Authorities that arrived on scene said that no one was hurt in this crash. The driver remained uninjured even though her car was totaled.

The driver, 18-year-old Haily A. Sams, of Anamosa, was driving westbound on Buffalo Road just west of Anamosa about two miles, when she lost control of her vehicle. Officials reported that she was driving on a snow and ice-covered road when she rolled her SUV. The vehicle went off the side of the road, through the east ditch, and rolled before coming to a stop. The SUV actually came to a rest on its wheels after rolling into the river.

Just after noon on Sunday, Sams found herself in the Buffalo River in northeast Iowa. According to the Jones County Sheriff's Office, the driver was able to get out of her SUV by herself and did not appear injured.

Authorities said the SUV was totaled, but thankfully no one was hurt in this Iowa car crash.

We are glad to hear that Haily Sams was not injured in this icy wreck and want to continue to remind motorists in Iowa to be careful driving in winter weather conditions as roads may be slick.

Vehicular Homicide Charges Filed in Deadly Cedar Rapids Teen Crash

Sat, 18 Dec 2010 08:00:00 EST

Last month, we reported that a fatal car accident occurred on November 8, 2010, which took the life of teenager Jose Mendoza. As we indicated, Mendoza, a 17-year-old back seat passenger, was the only one of the four teenagers who died that night in the wreck.

Recently, the name of the driver has been released. Ramius Hardiman, 17, of Cedar Rapids, was driving the night of the fatal crash. Criminal charges have been filed against Hardiman including two counts of vehicular homicide. The first count is for driving under the influence of alcohol, and the second count charges him for reckless driving.

Because Hardiman doesn't turn 18 until January, Linn County attorney Vander Sanden said the case will start in juvenile court and may be moved to adult court later.

Not much was known about the details leading up to the crash. However, earlier that night a police officer responded to a noise complaint and asked the teens to turn down their music, which occurred about one hour prior to the accident.

Investigators indicated that the car went airborne when it tried to crest the hill on Cottage Grove Avenue SE, just west of 34^th Street SE. Officials do believe that excessive speed was a leading factor in this fatal crash, which resulted in Hardiman losing control of the vehicle. The car, carrying four teenagers all from Metro High School in Cedar Rapids, rolled and hit a utility pole.

Katie Opperman, an 18-year-old passenger, of Central City, was charged with public intoxication and possession of alcohol under the legal drinking age.

We are saddened to hear of this tragic Iowa car crash, and send our thoughts and condolences to the victim's family and friends.

Iowa Children May Have Unsafe Toys Under the Tree This Year

Wed, 15 Dec 2010 08:00:00 EST

Despite claims by the Consumer Product Safety Commission (CPSC) of increased policing of toy safety, toy-related injuries are on the rise. Last year 186,000 children under the age of 15 were seen in emergency rooms across the country for toy related injuries. This is an increase from 2005. CPSC is offering a number of tips to help parents avoid buying unsafe children's products this Christmas, including

Only buy toys that are age appropriate for your child;
Always make sure your child wears a helmet while using any ride-on toys;
Avoid small toys for children under 3;
Always supervise your children closely; and
Avoid toys containing small magnets if your child is under the age of 3.

Additionally, other child safety groups have released lists of the worst toys. WATCH (World Against Toys Causing Harm) recently released its list of the 10 most dangerous toys for children in 2010. The list includes the following toys:

Spy Gear SplitBlaster
Supasplat Splat Blaster
Buzz Magnets
Kung Fu Panda Sword of Heroes
Ballzillion Tug Boat Play Center
My First Mini Cycle
Pull Along Caterpillar
Animal Valley Pony
Big Bang Rocket
Walkaroo Aluminum Stilts

A number of these toys are sold throughout Iowa, including at Toys R Us. Parents should use caution this holiday season to avoid buying dangerous toys for their children. If your child has been injured by a dangerous toy, you should contact an experienced product liability attorney to discuss your options.

Iowa Judicial Nominating Committee Calls for Applicants

Tue, 14 Dec 2010 08:00:00 EST

Iowa's Judicial Nominating Commission, a 14-person group composed of seven attorney and seven non-attorney members, has announced the timeline on which it will select applicants for the three open Iowa Supreme Court justice positions. The schedule indicates it will be Governor-elect Terry Branstad, and not current Governor Chet Culver, who will be making the three appointments. The full news release is below:

Judicial Nominating Commission Begins Process for Selecting Nominees for Supreme Court

Des Moines, December 13, 2010— The State Judicial Nominating Commission, which is responsible for selecting nominees for appointment to the Iowa Supreme Court, announced today it will begin accepting applications for the vacancies that will occur when the terms of Chief Justice Marsha Ternus, Justice Michael Streit and Justice David Baker end on December 31 The Commission has sixty days to send a slate of nominees to the Governor, who makes appointments to the court.

The deadline for applications is January 14, 2011. Any citizen may submit in writing to the secretary of the commission, or to any commissioner, the names of persons for consideration as a candidate for nomination and express views concerning such candidate. Once the application time has run, the Commission will release the names of all applicants along with information about each applicant's background, experience, and qualifications. This list and other information about the nominating commission and Iowa's merit selection process will be available on the Iowa Judicial Branch website: www.iowacourts.gov.

The Commission plans to meet the week of January 24, 2011, to interview applicants and select a slate of nominees. The meeting schedule and location are yet to be determined. However, in light of heightened public interest in judicial appointments, the Commission plans to open the interview portion of the meeting to Iowans throughout the state by streaming the interviews on the Internet.

The 15-member commission is composed of a chair, who is the senior justice of the supreme court other than the chief justice, seven lawyer commissioners elected by lawyers licensed to practice law in Iowa and seven non-lawyer commissioners appointed by the governor and confirmed by the Iowa Senate. With the exception of the commission chair, membership on the commission is limited to one six-year term. Terms are staggered. The Iowa Constitution requires that commission members be chosen without regard to political affiliation.

Iowa's process for selecting judges through the use of nominating commissions is known as merit selection. Iowa voters approved the merit selection process in 1962 by constitutional amendment. Merit selection is designed to emphasize the professional qualifications of applicants for judicial appointment and minimize partisan politics. In keeping with this design, the Commission put applicants for judicial office through a rigorous and thorough screening by reviewing extensive information about each applicant's background, education, professional skills, and experience. After the interviews, the commission sends the governor a slate of nominees. Iowa law requires nominees to be chosen "upon the basis of their qualifications and without regard to political affiliation." The governor is required to pick the new justices from this slate.

Important Notice to Applicants: To be eligible for appointment to the court, a person must be a resident of the state, licensed to practice law in Iowa, and must be of such age that they will be able to serve an initial and one regular term of office before reaching the age of 72. To be most favorably considered for balloting, an applicant must file a letter of intent to file an application with the secretary of the commission by January 10, 2011. In addition, an applicant must submit completed application forms to the commission on or before January 14, 2011.

Three Died in Iced Over Iowa Roads Prior to Thanksgiving

Thu, 02 Dec 2010 08:00:00 EST

On Wednesday, November 24, 2010, Iowa received freezing rain that left icy road conditions for Thanksgiving travelers. In certain areas of the state, ice was likely to remain on the roads until Thursday, creating dangerous holiday driving conditions.

Three people died due to the slippery roads and winter weather driving conditions. The first fatal accident occurred before 11 a.m. when 66-year-old Louisa Peterson, of Madrid, drove her 2004 Kia into the northbound lanes of Highway 17. She hit a semi truck head-on near the Des Moines River bridge. Peterson died of her injuries, and police believe the bad weather was a factor in her death.

The second fatal crash occurred on Interstate Highway 25 in Cerro Gordo County south of Clear Lake. Lorna Clark, the 67-year-old driver, of Traverse City, lost control of her 2005 GMC Envoy. She was thrown from her vehicle when it rolled and died at the scene. Iowa State Patrol blames the wreck on the freezing rain; however, Clark was not wearing her seat belt at the time of the accident.

The third fatal wreck that occurred on the same day involved a passenger vehicle and semi truck. The accident occurred near the junction of Iowa Highway 9 and U.S. Highway 65 north of Mason City. There were no details regarding this wreck, but weather was believed to be a factor in this crash as well.

State troopers responded to approximately 25 crashes on Wednesday across Iowa. Several other crashes involved victims of serious injuries. Some roads in northern Iowa remained iced over and the major highways remained wet.

We are sad to hear of these fatalities, especially so close to the holidays. We send out thoughts and condolences to the victims' families and friends of these tragic Iowa car accidents.

St. Ansgar, Iowa Mayor Killed in Car Accident

Thu, 02 Dec 2010 08:00:00 EST

On Wednesday, November 24, 2010 a fatal accident occurred near Mason City on Iowa Highway 9. The accident occurred the afternoon before Thanksgiving and involved a passenger car and semi truck.

Police say the semi truck crashed into a car around noon on Wednesday. The accident occurred at an intersection on Iowa Highway 9. The truck driver was not injured in the crash; however, the driver of the car died in the wreck.

The man who was driving the passenger vehicle was identified as the mayor of St. Ansgar, a town of about 1,000 people. Marvin Kofoot, the 79-year-old mayor, died of his injuries. He was traveling with his wife, Milda Kofoot who was injured and transported to a hospital for medical care.

Iowa state troopers reported that northern Iowa received severe weather and icy road conditions on Wednesday, which may have played a role in this crash. There were several other crashes around Iowa the same day due to poor driving and road conditions, including two other deaths.

Kofoot was in his second term as mayor of the small Iowa town. His wife's condition is unknown at this time.

We are saddened to hear of this fatal Iowa car crash, and send our thoughts and condolences to the victims' families and friends.

Oscar Mayer Involved in Iowa Class Action Lawsuit

Thu, 02 Dec 2010 08:00:00 EST

A class action lawsuit was filed in federal court in Davenport, Iowa during the week of November 8, 2010. This Iowa class action suit claims that employees at the Oscar Mayer meat processing plant in Davenport are not paid for the time they spend getting dressed in their safety equipment.

The employees claim that before and after their work shifts they have to put on and take off safety equipment such as uniforms, safety glasses, footwear, hairnets, earplugs, gloves, hardhats, and more. The lawsuit indicates that when the employees arrive at work, they get changed in the locker room, and are not allowed to clock in until after they arrive to their workstations. They also are required to clock out before they walk back to the locker room to change.

The employees of Oscar Mayer believe the company is violating the Fair Labor Standards Act and are seeking to be paid for the time it takes them to put on and take off their safety uniforms and equipment. They are seeking back wages, additional damages, and attorney fees. There are four plaintiffs in the case and a class of 1,750 Iowa-based Oscar Mayer employees.

Kraft Foods Inc., the parent company of Oscar Mayer, has said they have not kept time records showing the time employees spent putting on and taking off their equipment. Rachel Larsen, Kraft spokeswoman, said "we believe we are in full compliance with federal and Iowa law and plan to vigorously defend the suit."

The filing of this class action lawsuit is similar to a case in which approximately 780 Oscar Mayer employees based in Madison, Wisconsin filed last year.

Iowa Attorney General Brings Consumer Fraud Suit Against Trilegiant

Wed, 01 Dec 2010 08:00:00 EST

Iowa Attorney General Tom Miller has filed a consumer fraud action against buying club Trilegiant Corporation, alleging the company scammed Iowans into buying memberships in discount buying clubs and other programs.

"We allege that a large number of Iowans were paying monthly fees for so-called memberships that they didn't approve, they didn't use and didn't ever want." said Miller in a November 24, 2010 release from the Iowa Attorney General's Office.

According to the lawsuit, Trilegiant, a Delaware Corporation with its headquarters in Norwalk, Connecticut, enrolled Iowans in “memberships” for programs that offered savings on products and services such as home improvement purchases, health products, and entertainment expenses.

The Attorney General's office received over 200 complaints about the company and in the suit claims that those complaints showed that many Iowans whose credit cards were charged periodically by the defendants were unaware that they were members of the defendants’ buying clubs, and would have objected to those charges if they were aware of them. According to the Petition, the memberships typically involve an elusive premium used to lure the consumer in, and an allegedly “risk-free” trial period followed by charges to a consumer’s credit card, bank account, or other financial account if the consumer fails to cancel.

“Many consumers likely didn’t realize what would result from accepting some sort of ‘free trial’ offer or other types of promotions,” said Miller. “What really happened, we allege, was Iowans paid time and time again for memberships they didn’t know they had and never used.”

The lawsuit brings claims against Trilegiant pursuant to Iowa's Buying Club Memberships Act and Iowa's Consumer Fraud Act. The lawsuit also alleges that many Consumer Fraud Act violations were committed against older people and qualify for additional civil penalties provided by Iowa law.

Iowa Man Charged with Vehicular Homicide

Tue, 30 Nov 2010 08:00:00 EST

Cedar Falls police have charged Austin Hanson, a 25-year-old man from Reinbeck, Iowa, with vehicular homicide following a November 13 deadly crash in Cedar Falls, Iowa. Police say that Hanson was drunk when he lost control of his vehicle crashing into a retaining wall and killing the passenger in his vehicle.

$491,747 Polk County, Iowa Verdict Against Grinnell Nursing Home

Mon, 29 Nov 2010 08:00:00 EST

A jury in Polk County, Iowa has awarded $491,747 to the family of a nursing home resident who died while in the facility's care.

The verdict follows the June 2009 death of 89-year-old Wilbur Jackson, who was residing at Friendship Manor Care Center in Grinnell while rehabilitating from hip surgery. Nursing home staff was transporting Jackson on a gurney on a walkway outside the center when one of the gurney's wheels hit a crack and the gurney flipped over. Jackson's head struck the pavement and he lapsed into a coma and subsequently died.

Jackson's family brought suit against Grinnell's Friendship Manor, a South Dakota company that owns and operates Friendship Manor, and Midwest Ambulance. The jury in Polk County, Iowa found in the family's favor and assessed the damages at $546,386. Ninety percent of the fault was assigned to Friendship Manor, resulting in a $491,747 judgment against the facility. Midwest Ambulance was judged to be 10 percent at fault and was ordered to pay $54,639.

Iowa Man Trapped in Car Rescued Seconds Before his Car Caught on Fire

Thu, 18 Nov 2010 08:00:00 EST

On Monday, November 8, 2010, a car accident occurred on a highway just outside of Cedar Rapids when a man crashed his car and rolled it three times. Another driver who was passing by came upon the accident just moments after it occurred and wanted to help rescue this stranger.

Barbara Peterson saw that a man was trapped in his car and attempted to rescue him. It turned out that driver David Jones was hung up by his seat belt. The passerby tried to open the doors to the car, but they wouldn't open. She then got on top of the car and tried to kick out the windshield and break it with her bare hands. At that point, two other men came along side of her to help her kick out the rest of the windshield and bring David Jones to safety.

Just seconds after they rescued the trapped driver, the car burst into flames and exploded. David Jones only suffered minor injuries and was able to walk away from this accident, thanks to these rescuers.

Barbara Peterson, a nurse from Iowa, thought she was going to watch someone burn to death because she saw the flames coming from the car. Thankfully, due to her hard work and the aid of these other men, they were able to rescue David Jones.

We are glad to hear of heroic efforts by these rescuers and wish David Jones and quick and full recovery.

Iowa Teen Dies in Fatal Cedar Rapids Car Crash

Thu, 18 Nov 2010 08:00:00 EST

Early Monday morning on November 8, 2010, a fatal one-car crash occurred in southeast Cedar Rapids. Police say they responded to the scene around 1:30 a.m. in the 3300^th block of Cottage Grove Avenue SE, just west of 34^th Street SE. Authorities said the car had rolled over several times before coming to a rest.

There were four Cedar Rapids high school students in the car that crashed. Three of the teenagers received minor injuries and were treated at area hospitals. Sadly, one of the rear passengers sustained life-threatening injuries and was flown to an Iowa City hospital for medical care. Jose Mendoza, a 17-year-old teen, later died from his injuries at the hospital.

Police believe speed could have been a factor in this accident, as people tend to drive quickly over the hill where the accident occurred. Details surrounding this accident are still not clear; however, they do know that the driver lost control of the vehicle and the car rolled several times before striking a utility pole.

The front seat passenger Katie Opperman, 18, of Central City, was arrested for public intoxication and drinking under the legal age limit. Following the accident, police took her to Linn County Jail.

We are deeply saddened to hear of this tragic Cedar Rapids car crash, and we send our condolences to the family and friends of Jose Mendoza.

Government Wants Lead Poisoning Prevention Money Back

Thu, 11 Nov 2010 08:00:00 EST

A government auditor has found that ACORN, an advocacy group, should repay $3.2 million that was supposed to be used to eliminate lead poisoning in low-income housing because the money was misspent. The Department of Housing and Urban Development found that money was spent on ineligible items, such as payroll taxes, workmen's compensation insurance and political contributions. Additionally, the audit found no evidence that the lead-paint removal work was performed at a reasonable cost.

Supreme Court Argument Suggests Consumer Class Actions Will Survive

Thu, 11 Nov 2010 08:00:00 EST

On Tuesday, November 9, 2010, the U.S. Supreme Court heard oral argument in AT&T Mobility v. Concepcion. The case involved an effort by AT&T to prohibit class actions in an arbitration clause of contracts with mobile phone customers. California courts had held that the class action bar was unconscionable and unenforceable.

Before the oral argument, many expected the conservative U.S. Supreme Court to reverse the lower court’s decision and allow such clauses in boilerplate print of consumer contracts, even where they might be unenforceable under state law standards. However, comments of most of the justices during oral arguments, including conservative Justice Antonin Scalia, suggest the court may defer to state court judges’ determinations about what is and is not fundamentally unfair in a consumer contract.

The lawyer for the California couple, who had filed the class action against AT&T Mobility claiming that they were defrauded over a $30 charge, told the court that a decision in favor of AT&T would “gut the state’s substantive consumer protection law.” Although recent Supreme Court decisions have suggested the court would enforce arbitration agreements and disfavor consumer class actions, the justices’ questions at oral argument suggested otherwise. For example, Justice Antonin Scalia, a noted conservative on the court, asked AT&T’s attorney, “Are we going to tell the State of California what it has to consider unconscionable?” Questions by Justice Breyer, Justice Bader Ginsburg and new Supreme Court Justice Elena Kagan were similar in tone. Questions from conservative Justice Samuel A. Alito, Jr., indicated support for AT&T and suggest that the opinion may be divided.

Numerous consumer groups, including the Legal Aid Society of the District of Columbia, AARP, Centers for Responsible Lending and the Consumer Federation of America have expressed support for the Concepcions and the California lower court’s rulings rejecting the arbitration clauses.

Justices Issue Statement on Retention Results

Thu, 04 Nov 2010 08:00:00 EST

On November 3, 2010, Justice David Baker, Justice Michael Streit, and Chief Justice Martha Ternus issued the following joint statement:

It has been our great privilege to serve the people of Iowa as justices on the Iowa Supreme Court. Throughout our judicial service, we have endeavored to fulfill our duty to Iowans by always adhering to the rule of law, making decisions fairly and impartially according to law, and faithfully upholding the constitution.

We thank all of the Iowans who voted to retain judges around the state for another term. Your support shows that many of our citizens value fair and impartial courts. We also want to acknowledge and thank all the Iowans, from across the political spectrum and from different walks of life, who worked tirelessly over the past few months to defend Iowa's high-caliber court system against an unprecedented attack funded by out-of-state special interest groups.

Finally, we hope Iowans will continue to support Iowa's merit selection system for appointing judges. This system helps ensure that judges base their decisions on the law and the Constitution and nothing else. Ultimately, however, the preservation of our state's fair and impartial courts will require more than the integrity and fortitude of individual judges, it will require the steadfast support of the people.

Three Iowa Justices Ousted From The Bench

Thu, 04 Nov 2010 08:00:00 EST

On Tuesday, Iowa voters chose to oust three Iowa Supreme Court justices who joined in that court’s unanimous decision to permit same-sex marriage. Chief Justice Masha Ternus, Justice David Baker, and Justice Michael Streit failed to receive the required simple majority of votes to retain their spots on the bench. The outcome marked the first time any Iowa Supreme Court justice has not been retained since 1962, when Iowa began using its current merit selection and retention system for judges. The three removed justices will continue to serve until December 31, 2010, while the remaining four justices on the court will come up for retention in 2012 or 2016, as the judges serve staggered, eight-year terms.

The result followed a well-financed “vote no” campaign led by gay marriage opponent Bob Vander Plaats, who accused three of being “activist judges” who were “amending Iowa’s Constitution from the bench.” Organizations from outside Iowa, such as the National Organization for Marriage, the American Families Association, the Family Research Council, and Citizens United, spent nearly $800,000 to finance the campaign to remove the justices, according to Washington D.C. watchdog group Justice at Stake Campaign. Fair Courts for Us reported spending nearly $400,000 in support of the judges.

Varnum v. Brien, the controversial decision legalizing gay marriage in Iowa, continues to be Iowa law, though Vander Plaats has publicly encouraged Governor-Elect Terry Branstad to issue an executive order overturning the ruling, though the legality of such a move has been questioned by Branstad and others.

Iowa Man Faces 25-Year Prison Term for Vehicular Homicide

Wed, 03 Nov 2010 08:00:00 EST

On Friday, October 22, 2010, a jury deliberated for five hours before deciding the fate of Troy Fox, a 36-year-old man from Hiawatha. The jury convicted Fox of vehicular homicide for a tragic accident that occurred last fall.

Fox was involved in a car crash on October 5, 2009 after he got behind the wheel while intoxicated. Fox drove drunk on Interstate Highway 380, losing control of his vehicle and hitting a light pole. Fox had his seat belt fastened yet still sustained injuries. His passenger, Ruben Mayo, 32, did not have his seat belt fastened, and was seriously injured.

Mayo suffered spinal cord injury, which paralyzed him from the mid-neck down. Since he needed a ventilator to breathe, he decided to end life support and passed away.

Mayo's attorneys argued that Fox's negligent drunk driving led to Mayo's death, and Fox's attorneys argued that Mayo chose to end his life. The jury listened to all arguments and deliberated for hours before finding Fox guilty.

Sentencing for Fox is scheduled in Linn County District Court on December 17, 2010. He faces a 25-year prison term.

We are saddened to hear of this tragic Iowa car accident, and offer our condolences to the family and friends of Ruben Mayo.

Uncle Arrested for Child Endangerment While Driving Drunk

Wed, 03 Nov 2010 08:00:00 EST

On Sunday, October 24, 2010, a Cedar Rapids car accident occurred on Interstate 380 near the J Avenue NE overpass. Police apprehended the driver, who was fleeing the scene.

Around 5:45 p.m., the 41-year-old driver, Jeffrey E. Benton, was traveling along I-380 with three children in the car. His seven-year-old nephew was wearing his seat belt in the front seat. His two 11-year-old nieces were not wearing their seat belts. In fact, they were standing up in the back seat with their heads through the sunroof.

When the girls were getting back into the car to sit down, one of them fell onto the steering wheel. This led Benton to lose control of the vehicle. The car swerved, crashed into the median, and rolled over.

Benton helped the children out of the car, and then he ran away. The police caught him nearby and charged him for drunk driving, leaving a personal injury accident scene, and three counts of child endangerment. His blood-alcohol level was 0.202, well over the legal limit. He is being held on a $17,000 cash bail at the Linn County Jail.

on tThe condition of the children remains unknown at this time. We hope they were not injured in this Iowa car accident, and send our thoughts to their loved ones.

Two Iowa Women Injured in Cedar Rapids Crash

Mon, 01 Nov 2010 08:00:00 EST

On Monday, October 18, 2010, a car accident occurred near Cedar Rapids that injured two people. Iowa police indicated this early morning car crash happened near the intersection of F Avenue and Rogers Road at approximately 7:15 a.m.

One vehicle was headed northbound on F Avenue driven by 48-year-old Penny Whiting, of Cedar Rapids, when she crashed into another car driven by Judith Wickman, 67, of Robins. Wickman was driving westbound on Rogers Road when she turned out in front of Whiting's car.

Police found both women injured in this Cedar Rapids crash; however, because they both were found wearing their seat belts, their injuries were minor. Firefighters had to pull Wickman from her vehicle and both women were transported to St. Luke's Hospital with non life-threatening injuries. Authorities were still investigating the collision, but the report does indicate that Wickman pulled out into the path of Whiting's vehicle.

Both women involved in this crash were released from the hospital the same day.

We hope that both women continue to make a full and quick recovery following this Iowa car crash.

$750 Million Settlement for Whisteblower Lawsuit Over Bad Drugs

Wed, 27 Oct 2010 08:00:00 EST

GlaxoSmithKline, one of the worlds largest pharmaceutical companies, has agreed to pay $750 million to settle criminal and civil claims against it a whistle-blower lawsuit alleging that drugs made in its Puerto Rican Plant were unsafe. Drugs that could have been affected by the poor safety at the plant include Paxil, Avandia, Coreg and Tagament.

The lawsuit was brought by Cheryl Eckard, GlaxoSmithKline's former quality manager, who reported that when she notified the company of the safety concerns at the plant she was fired and none of the safety issues were resolved. Whistle-blower lawsuits are on the rise. These lawsuits are filed pursuant to a federal law that allows persons with information regarding certain types of wrongdoing to file lawsuits and seek recovery for the government. In the event that the government recovers, the whistle-blower received a percentage of the recovery.

In recent years and months there have been many news stories about drug companies poor safety practices and misleading advertisements.

Central Iowa Lead Poisoning Prevention Activities

Wed, 27 Oct 2010 08:00:00 EST

The Lead Hazard Control Program, which services the Iowa Counties of Marshall, Hardin and Tama is promoting events throughout the week to recognize National Lead Poisoning Prevention Week. Events include, state proclamations, free lead screenings and educational campaigns. The will be an educational display at the Marshall Town Center, sponsored by Primary Health Care.

The Lead Hazard Control Program has helped 388 housing units to become lead safe throughout its region, which includes the cities of Marshalltown, Toledo, Tama, Iowa Falls, Eldora, Ackley, Union and other cities and towns.

Assistance is now available for certain residents to reduce or eliminate lead hazards in their properties. For more information visit the Marshall County, Iowa website.

HealthMarkets Insurance Sued Over Fraudulent Insurance Sales

Mon, 25 Oct 2010 08:00:00 EST

HealthMarkets Inc. and its majority owners, Goldman Sachs and Blackstone Group were names in a lawsuit filed last week by the Los Angeles City Attorney's office for fraudulent business practices, including selling policies with hidden exclusions. The lawsuit alleges that HealthMarkets sold "junk insurance" to California customers. HealthMarkets operates in 41 states and has been fined nearly $40 million dollars by various state regulators for deceptive business practices.

In 2008, Iowa participated in a multi-state settlement with HealthMarkets involving problems with insufficient consumer disclosure, failure to adequately train insurance agents and deficient claims and complaint handling procedures. HealhMarkets operated in Iowa as Mega Life and Health Insurance Co.

Linn County Jury Convicts Intoxicated Driver

Mon, 25 Oct 2010 08:00:00 EST

In a case that involved difficult issues concerning legal causation, a Linn County jury in Cedar Rapids convicted a Hiawatha man of vehicular homicide. One of the most significant issues was whether the driver, Troy Fox of Hiawatha, Iowa, legally caused the death of passenger Ruben Mayo when the crash left him alive but unable to survive without life support services, which he chose to stop before his death.

The jury deliberated for five hours Friday before reaching a verdict. The crash occurred on Oct. 5, 2009 when Fox and lost control of his vehicle on Interstate Highway 380 and hit a light pole. Approximately a week later, Mayo decided to have life support withdrawn after he and his family learned from his physicians that he was permanently paralyzed below his neck and unable to breath without a ventilator.

Doctors, including Dr. Gerald Kealey, a well known University of Iowa trauma surgeon and director of critical services at University Hospitals, testified that Mayo would have spent the remainder of his life on a ventilator and remained paralyzed the mid-neck down, would never have control over his breathing, bladder and bowels and limbs, was at high risk of death from other complications, including kidney and lung injuries, and that his life expectancy was reduced to as little as four years. He could communicate only by blinking his eyes. In response to defense questions comparing Mayo to actor Christopher Reeves, who survived for 9 years after a similar injury before dying of adverse reaction to an antibiotic, Dr. Kealey noted that Reeves was an exceptional case who had "every resource available" and that he still died from his injuries despite numerous efforts to keep him alive. Dr. Kealey recently testified on behalf of a Brady & O'Shea client who suffered catastrophic, life altering injuries.

Iowa victims of catastrophic injuries arising from auto accidents and their families may have numerous legal claims and remedies to recover compensation for their losses. Attorneys at Brady & O'Shea have assisted Cedar Raids and other Iowa car crash victims in obtaining compensation in many of these cases, including cases involving dram shop claims against bars who served intoxicated drviers, auto defect claims, and uninsured and underinsured motorist claims. If you or your family has suffered similar losses, please contact our office for a free consultation.

Facebook Privacy Breach

Fri, 22 Oct 2010 08:00:00 EST

Earlier this month, the Wallstreet Journal reported that many Facebook applications, such as Farmville have been leaking information including Facebook users' names and possibly friends' names to advertising and marketing companies. This issue affects tens of millions of Facebook app users, likely including many Iowa residents. Most of the Facebook apps are not developed or made by Facebook. One of the most popular apps, Farmville, is made by Zynga Game Network Inc. Facebook has recently faced numerous criticisms regarding sharing user information.