It’s Not Enough to Show Someone Drunk Was Served Alcohol

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Kentucky’s Dram Shop Act makes those with liquor licenses potentially liable for vehicle accidents caused by their intoxicated customers. Those serving them must be put on notice that they’re intoxicated, which could be shown in different ways, but continue to serve them before they can be held responsible for the injuries caused by the accident.

What’s the Kentucky Dram Shop Act?

Kentucky law states that if a drunk driver injures you, they are primarily responsible. If they’re under the legal drinking age and a business or person with a liquor license serves them alcohol, that license holder could be liable for your injuries.

If the driver is 21 or older, the licensee could be liable for the crash if they knew, or had reason to know, the person was intoxicated before they were served.

Whether or not this customer was drunk isn’t so much the issue. It’s whether they put the licensee, their employees, or agents on notice they are intoxicated. If so, and they were served, the license may be liable for your injuries (along with the drunk driver who injured you).

What are Signs a Customer is Intoxicated?

These signs vary with the individual, what they’re drinking, and how much. Using prescription or illegal drugs while drinking can increase these effects. If the person is fatigued or ill they may show intoxication differently.

1. Uncoordinated Movements

    This is probably one of the most noticeable signs of intoxication. Alcohol affects our central nervous system, which controls our motor skills. If you’re drunk, your movements are probably clumsy, slower, and unsteady.

    You may sway, stumble, or have difficulty walking a straight line. Your balance may be bad, so you lean on furniture, walls, or doorways for support. You may not grasp objects properly, so you spill your drink or drop your phone.

    2. Slurred Speech

    Slurred speech is a common and more easily identified sign that you’re drinking. Alcohol depresses the section of the brain controlling your speech. If you’re intoxicated, you may speak slower or with a slur. You may struggle to clearly pronounce words, and your sentences may be jumbled.

    It’s a sign you’re drinking too much if you can’t speak clearly or you’re repeating yourself. Tone and loudness can change, too. You may speak louder, and if you’re aware your speech is slurred, you may talk slower.

    3. Mood Swings and Altered Behavior

    Alcohol may significantly impact your behavior and mood. You may have exaggerated emotional shifts. If you’re ordinarily quiet, you may become overly talkative. You may turn quiet or aggressive if you’re usually more happy and outgoing.

    Alcohol may lower inhibitions, so you may become overly affectionate, flirty, or sexual. You could also become angry or upset for no apparent reason. Emotional extremes may be a strong indication that you’re intoxicated.

    4. Impaired Judgment

    If you’re drunk, your ability to rationally decide things is significantly impaired. You may engage in risky behavior or actions you wouldn’t typically engage in when you’re sober. You may say something you normally would not, try to do something you can’t do, or do something dangerous without considering the risks. You may have an inflated self-confidence, even if you can’t perform basic tasks like walking or talking.

    5. Changed Appearance

    You may show physical signs of intoxication, like flushed skin, especially your face. Alcohol opens blood vessels, so you may have a reddened complexion, especially if you’re lighter-skinned.

    Your eyes may become bloodshot or glassy. You may have difficulty focusing or maintaining eye contact, or your pupils may dilate (or widen). You may start sweating or become overheated, even if it’s not warm.

    5. Nausea or Vomiting

    Someone drinking too much may feel nauseous or dizzy, which can lead to vomiting. If you become pale, feel clammy, become dizzy, or show signs of distress, you may be intoxicated.

    Vomiting is a sign your drinking has crossed into dangerous territory. Your alcohol blood level may be so high you’re suffering from alcohol poisoning, which should get immediate medical attention.

    6. Memory Problems and Lack of Mental Focus

    If you’re drunk, your ability to focus and retain information declines. This is because alcohol impacts your brain’s hippocampus, the section responsible for memory. If you have trouble remembering things you just said or did, or you’re repeatedly asking the same question, you’ve probably consumed too much alcohol.

    You may also be easily distracted, unable to follow a conversation, or stay engaged in an activity. You may be confused, unable to track events, or forget what you were talking about mid-sentence.

    7. Excessive Talking or Laughing

    You may laugh excessively or talk non-stop. This is due to your lowered inhibition and boosted confidence. If you laugh loudly at things that aren’t funny, or speak without stopping, your judgment may be affected by alcohol.

    8. Breathing Changes

    Alcohol may change your breathing pattern so you’re breathing more heavily or irregularly. It may get so bad you’ll have shortness of breath or labored breathing. If this is happening, it could be a sign that you’ve had so too much to drink that your body is struggling to process the alcohol.

    Depending on the situation, these signs may be more or less noticeable to a bartender or server. They should be on the lookout for these symptoms, no matter how many people are in the establishment or how busy they are.

    They should also keep track of how much you’re drinking. If you’ve had several drinks plus you’re showing these symptoms, you shouldn’t be served or allowed to drive away from the establishment. If the licensee fails to keep other customers and the public safe, the drunk customer causes an accident, and your injury, they (or their insurer) and the other driver may be compelled to compensate you for your injuries.

    Speak With an Experienced Dram Shop Act Lawyer

    Satterely & Kelley, PLLC attorneys have decades of experience representing injured clients in dram shop cases, and we can help you with this often complex legal matter. To discuss your possible dram shop claim with a knowledgeable Louisville lawyer, contact our law offices or call us toll-free at 855-385-9532.

    Lung Cancer and Asbestos

    Things You Should Know About Asbestos Exposure and Cancer

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    Asbestos has been used for centuries and impacted the lives of millions of people. There’s far more than nine things to know about asbestos and cancer, but this is a start. The average American probably knows little or nothing about asbestos and the diseases it creates. Those dealing with mesothelioma and asbestos-caused cancers wish they’d never heard of it.

    The M.D. Anderson Cancer Center in Houston, Texas, is affiliated with the University of Texas. It’s one of the world’s largest cancer centers and it recently published an article on asbestos and cancer.

    What is Asbestos? How Might the Average Person Be Exposed to It?

    Asbestos covers a group of six mineral fibers with properties that made them attractive to companies manufacturing thousands of products. Asbestos fibers are the following:

    • Light
    • Strong
    • They don’t corrode
    • They’re resistant to fire, heat, chemicals, and electricity

    Asbestos is found in rocks and soil. The different fiber types include the following:

    • Actinolite 
    • Amosite 
    • Anthophyllite 
    • Chrysotile 
    • Crocidolite
    • Tremolite

    The first documented use of asbestos dates back to the ancient Greeks, who used it in cloth. Over the years, asbestos has been used in about 3,000 products. Asbestos’ use in the US was largely regulated off the market in the late 1970s to early 1980s, though some limited uses are still allowed. Asbestos use is banned in 55 countries, but not in the US, Canada, India, China, or Russia, according to the Environmental Working Group.

    In the US, asbestos was used in everything from brake pads and roof shingles, to flooring, insulation, electrical equipment, fireproofing, and floor tiles. Compared to post-WWII America, asbestos exposure is far less common. People are still being diagnosed with fatal asbestos-related cancers like pleural mesothelioma because it may take forty or more years between exposure and diagnosis of the condition.

    What Can I Do to Reduce My Risk of Asbestos Exposure?

    Asbestos fibers are incredibly durable, strong, and light. They can be liberated from asbestos-containing products when they’re installed, removed, cut, scratched, sanded, drilled into, or simply through deterioration with age. These fibers float through the air and will eventually settle on a surface, where they can be disturbed again or blown in the wind so they’re back into the air.

    People can inhale or swallow these fibers without realizing it. They become stuck in various parts of the body, and the immune system tries and fails to destroy them. The result is scar tissue, inflammation, and, over long periods of time, cell mutations that can lead to different cancer types.

    The average person’s risk of heavy asbestos exposure is very low. However, it may not take heavy exposure to cause mesothelioma decades after inhaling or swallowing fibers in the air. Those most at risk are firefighters, demolition workers at contaminated sites, mechanics working on brake pads, and those removing asbestos from old buildings.

    What Are Asbestos-Related Cancers? 

    Mesothelioma is the most common. It’s a fatal cancer of the linings of:

    • Lungs
    • Heart
    • Chest cavity
    • Abdominal cavity
    • Abdominal organs

    Diagnosis may be forty to fifty years after initial asbestos exposure. Other cancers include the following:

    Asbestosis is a non-cancerous asbestos-related disease caused by extensive scarring of the lungs which reduces the person’s ability to breathe. 

    Are There Warning Signs or Symptoms of Asbestos Exposure?

    No, but there are signs and symptoms of asbestos-related diseases. They can be in advanced stages before a person feels them, which makes them more difficult to treat.

    How are Asbestos-Related Cancers Usually Diagnosed?

    Mesothelioma and asbestos-related lung cancers usually are initially diagnosed with a chest X-ray after the person complains of chest pain, shortness of breath, difficulty breathing, a persistent cough or other symptoms. That x-ray will probably result in additional tests, CT scans, extraction of chest fluid or surgical removal of tumors that are biopsied.

    Why Does Asbestos Cause Cancer?

    There are at least three theories:

    These are the most established theories, but the exact reasons asbestos fibers cause cancers are unknown.

    Are There Unique Features That Help Identify Asbestos-Related Cancers?

    Mesothelioma is caused by asbestos, so the features of that disease show it is asbestos-related. Otherwise, there is nothing definitive, and no unique cell mutations are related to asbestos. Asbestos fibers can be found in tumors. If so, it’s presumed the fibers played a role in causing them.

    What’s the Most Important Thing to Know About Asbestos and Cancer?

    Government regulation of asbestos has significantly decreased the incidence of asbestos-related diseases, including cancers. Understanding that there’s a link between asbestos and cancer (even if its precise nature is unknown) and acting on it by restricting or removing the source of asbestos exposure has been a highly effective strategy to prevent additional asbestos-related cancers.

    Call Us Today for A Free Consultation

    If you’re diagnosed with an asbestos-related disease, or a family member died of one, you may be entitled to compensation. To discuss your situation and how Satterley & Kelley, PLLC can help, call our Louisville office toll-free at 855-385-9532 or complete our contact form to schedule a free initial consultation.

    Police Accident Reports Set the Tone for Your Car Accident Case

    Can Government be Held Responsible for Causing My Accident?

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    It may not just be another driver who caused your accident. Government entities are responsible for designing, building, and maintaining public roads. If they act negligently and contribute to your accident, they can be held accountable for the harm they cause. However, the process for receiving compensation is different than if private parties are involved, and recovery is limited.

    How Would a Government Cause a Vehicle Accident?

    A stretch of road or highway may not drain well  due to its design, its poor construction, or storm drains aren’t cleared often enough. The area may also be poorly lit, so it may be difficult to see how dangerous it is in low light.

    The water ponds, which may be enough to cause you to lose traction, even when using decent tires and driving  the speed limit. If it is cold enough, the water may freeze to ice, worsening traction. The presence of water and ice developing, melting, and re-freezing breaks up the pavement, causing frost heaves and potholes.

    If the government doesn’t improve drainage to prevent more of these issues, it may be unable to cope with the constant water damage. Frost heaves and potholes grow deeper and wider, adding physical obstacles that may make it difficult or impossible to control a vehicle (or a motorcycle or bicycle) going over them. Drivers may try to steer clear of them and collide with someone else.

    Governments set the stage for vehicle accidents all the time. Employees may not be doing the right thing, departments can be poorly managed, and budgets aren’t big enough to address all the needs. Come election time, complaints about high taxes and government spending get more attention than the costs of vehicle damage and injuries caused by poor roads.

    If the road isn’t the accident cause, but a government employee driving negligently while on the job is, compensation may also be available.  

    What’s the Process to Seek Compensation from State and Local Governments?

    Claims against the Kentucky state government are covered by section 231 of the Kentucky Constitution. It waives Kentucky’s “sovereign immunity” defense (government can’t be sued), though state statute and local rules create limitations.

    Kentucky Revised Statutes Chapter 49 covers claims against Kentucky, which are handled by the Kentucky Board of Claims. They are not a court and have their own process, though their decisions can be appealed through the state court system.

    • A hearing officer will investigate the case and make a recommendation to the Board, which decides the outcome
    • Claims against the state must be filed within a year of the injury, or it won’t be considered
    • Compensation is limited to $250,000 per claim, and damages for mental distress, pain, and suffering aren’t allowed
    • If multiple people are affected by a single negligent act, the total compensation for all of them is limited to $400,000

    Depending on the situation, this may be a fraction of the money that could be awarded if a private party is the defendant. In addition, the Board may reduce your award if you’ve received, or have a right to receive, payments due to your injury from the following:

    • Workers’ compensation insurance
    • Social Security programs
    • Other federal, state, or private programs that can supplement your income or cover your expenses or damages

    For claims against county, city, and local governments, each has its processes for handling claims.

    Speak To a Louisville Car Accident Attorney Near You

    We are your boots on the ground if you or a family member have been injured or killed in a serious Kentucky car accident. Call Satterley & Kelley PLLC to speak with a skilled personal injury attorney today. To get started, call our Louisville office at 855-385-9532 or complete our contact form.

    Mesothelioma and Nutrition

    Mesothelioma and Nutrition: What You Need to Know

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    After a mesothelioma diagnosis, patients and their families often search for things they can do and changes they can make to support the best possible outcomes. One of the most significant ways to support the health and wellbeing of mesothelioma patients (as well as the effectiveness of any treatment regimen) is also one of the most basic: diet and nutrition.

    Why is Diet and Nutrition Important For Mesothelioma Patients?

    Nutrition is fundamental to our well-being, and the body can use food to promote healing, tissue repair, and immune system health. This is especially important when dealing with a serious disease like mesothelioma.

    Eating a nutritious diet can provide your body with the essential support it needs to deal with the stress of mesothelioma and mesothelioma treatment.

    The right food can improve a patient’s quality of life and support the effectiveness of treatments while helping to mitigate side effects.

    What is the Best Sort of Diet for Mesothelioma Patients?

    There is no one set diet for mesothelioma patients, as each patient has specific nutritional needs as well as treatment and care goals. Always consult with your mesothelioma care team about the type of diet that will work best for you.

    However, overall, mesothelioma patients usually benefit most from the following characteristics in a diet:

    Eat Foods Low in Bad Fats, and High in Good Fats

    Not all fats are created equal. Bodies need certain types of fats to absorb vitamins and minerals, maintain healthy cells, nerves, and muscles, and help with blood clotting and with inflammation—all of which is especially important for mesothelioma patients.

    Monounsaturated fats and polyunsaturated fats (including omega-3 fatty acid) are “good fats” that mesothelioma patients should incorporate into their diets. They usually come from plants and vegetables, nuts, seeds, and certain types of fish. Foods rich in good fats include:

    • Olive oil, which also has high levels of antioxidants and vitamin E.
    • Other non-hydrogenated oils, including peanut oil, canola oil, and high-oleic safflower and sunflower oils.
    • Avocados
    • Walnuts and Brazil nuts, as well as most other nuts.
    • Flaxseeds
    • Fatty fish, such as salmon and mackerel.
    • Shellfish

    Fats to Avoid With Mesothelioma

    Unless otherwise instructed by their mesothelioma care teams, patients should avoid trans fats and saturated fats. These fats can increase the risk of heart disease, stroke, diabetes, and inflammation.

    “Bad” fats are most commonly found in fried and fast food, shortening, red meats, animal fats, and hydrogenated vegetable oil.

    Eat Lots of Lean Proteins

    Protein is an essential nutrient that is needed by the body to maintain many crucial functions, such as metabolizing food into energy, circulating oxygen throughout the body, creating antibodies to strengthen the immune system, and both creating and protecting new, healthy cells.

    It also helps mesothelioma patients undergoing treatment to keep on weight, which can be difficult due to the side effects of certain types of treatment.

    Good sources of protein for mesothelioma patients include:

    • Fish
    • Poultry
    • Lean beef or pork (in moderation)
    • Eggs
    • Dairy products
    • Legumes, like beans, peas, or lentils
    • Tofu
    • Nuts and seeds
    • Turkey
    • Cooked eggs (any style)
    • Full-fat Greek yogurt
    • Cheese
    • Hummus
    • Avocados
    • Chickpeas
    • Peanut butter

    Proteins to Avoid With Mesothelioma

    In general, mesothelioma patients should try to avoid sources of protein with too much animal fat, such as non-lean red meat or bacon. They should also limit or avoid processed meats and cold cuts, which contain nitrates that can complicate lung health.

    Nutrient Dense Fruits and Veggies

    Fruits and vegetables should make up a significant portion of the diets of mesothelioma patients. There are several types of fruits and vegetables that are especially good for supporting the health of patients with lung cancers like mesothelioma, including:

    • Blueberries: Are a highly nutritious source of antioxidants called anthocyanins, which have been shown to protect lung tissue and may contribute to slowing the rate of decline in lung functioning.
    • Apples: Contain an antioxidant called quercetin as well as flavonoids and high rates of vitamin C, which may be linked with reduced rates of lung decline and protection against lung damage (especially in those who eat 5 or more apples per week).
    • Beets: Beetroot and beet greens are packed with vitamins and minerals that reduce blood pressure and help lung function and oxygenation. Beet greens have added potassium, magnesium, vitamin C, and carotenoid antioxidants, all of which lay a foundation for healthier lungs. Potassium also helps reduce water retention and improve digestion.
    • Leafy Greens: Bok choy, spinach, kale, and chard also provide carotenoids and other antioxidants, as well as iron, potassium, calcium, and other vitamins. Swiss chard is especially high in magnesium, which protects against inflammation and tends to relax the bronchioles—the small airways in your lungs—to facilitate easier breathing.
    • Pumpkins: Contain specialized carotenoids (specifically carotene, lutein, and zeaxanthin) that are powerful antioxidants that help the body’s anti-inflammatory defenses, especially when it comes to the lungs.
    • Tomatoes: As a nutrient-dense food, tomatoes contain lycopene (a carotenoid associated with improved lung function and reduced airway inflammation), as well as potassium.
    • Peppers: Are one of the best sources of water-soluble vitamin C, and consuming just one medium-sized sweet red pepper can deliver over 150% of a person’s recommended minimum daily vitamin C intake. It’s especially important for patients with lung conditions like mesothelioma to maintain higher levels of vitamin C, which makes peppers a great addition to a mesothelioma patient’s diet.

    Fruits and vegetables can provide unparalleled bang for your buck as far as nutrients go, so mesothelioma patients should incorporate as many fresh or frozen fruits and veggies into their diet as possible.

    Many fruits and veggies are powerhouses of antioxidants, Vitamin C, Vitamin A, B Vitamins, Vitamin K, iron, potassium, fiber, manganese, thiamine, folate, and other nutrients that are essential for mesothelioma patients.

    Balance Carbs and Sugars (and Avoid Sodium)

    Choose complex carbs over simple carbs. Mesothelioma patients should get lots of fiber in their diets (around 20-30 grams per day), which is where complex carbohydrates can come in handy.

    Dietary fiber can help regulate blood sugar and the digestive system, which can facilitate better oxygenation and overall functioning. Mesothelioma patients should opt for complex carbs like whole-grain bread and pasta over simple carbs like white bread, white table sugar, candy, cake, and non-diet soft drinks.

    Simple carbs take more work to digest and therefore take more work for the lungs to metabolize them.

    Mesothelioma patients usually benefit from a low-sodium diet. Sodium causes fluid retention, which can negatively affect lung functioning and breathing.

    Many common items at the grocery store contain high levels of sodium, so be sure to read labels and try to opt for low-sodium versions of staple products, aiming for no more than 300 mg of sodium per serving.

    Keep Your Calories Up Throughout the Day

    Mesothelioma patients often have trouble eating, especially during treatment. Both cancer and chemotherapy can cause severe nausea and other unpleasant side effects, which can make people want to eat less or skip meals.

    However, it is absolutely essential for mesothelioma patients to maintain their body weight—or to come as close as possible—during their treatment. In order for the body to be able to withstand treatment and heal, it has to be healthy, with reserves of muscle and healthy nerves. Consuming a sufficient number of daily calories is essential to keep your body in fighting shape.

    Try to eat and drink continually throughout the day, having five to seven small meals or snacks rather than three large meals. Keep a beverage on-hand and try to encourage as much hydration as possible. This will keep your body steadily supplied with calories and nutrients.

    You should also be ready to combat the unique issues that mesothelioma and other cancer patients face when attempting to eat. Patients often experience side effects in addition to nausea that may make it difficult to eat. Each of these need a work-around.

    For example, taste often changes with chemotherapy, and foods may suddenly taste bitter or overly sweet. To combat this, add new spices or sauces, or combine foods into different textures until you find something new that tastes better. Add salt to food that tastes too sweet and sweeten suddenly bitter-tasting food with juices and nectars. You can also chew gum, suck on hard candy, and try sour or tart foods to kickstart your taste buds.

    As always, it’s essential to consult your doctor about any changes you intend to make to your diet.

    If you or a loved one is suffering from mesothelioma and have questions, call us at 855-385-9532, locally 502-589-5600, or contact us online to arrange a free initial consultation with a Satterley & Kelley PLLC lawyer.

    https://www.satterleylaw.com/blog/2022/08/common-asbestos-exposures-that-can-lead-to-mesothelioma-podcast/

    The House I Want to Buy Has Asbestos. What Should I Do?

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    The supply of housing isn’t keeping up with demand. The Brookings Institute estimates the nation was short 4.9 housing units in 2023. Those looking for houses may not be as choosy as they would like to be, including considering older homes with asbestos-containing products inside.

    If you’re in that situation, what should you do? You could not buy it, but what other houses are for sale in your area, and how much do they cost? How do you handle purchasing a house containing a potentially hazardous substance with the potential to cause cancer?

    Where Might Asbestos-Containing Products Be?

    Asbestos can be in many areas of homes built before the 1980s because asbestos was used in thousands of products, many of them in homes. Here are some possibilities:

    • Attic: Loose-fill (vermiculite) or spray-on insulation
    • Basement: In or on furnaces, boilers, wood stoves, hot water pipes, and ventilation ducts
    • Floors: Tiles or the glue (mastic) keeping them attached to the floor
    • Ceilings: Textured “popcorn” ceilings, ceiling tiles, textured paints, plasters
    • Interior walls: Plaster, wallboards, joint compounds, paints
    • Roof: Shingles, felt, and mastics
    • Exterior: Siding and stucco

    Never waive your right to inspect a house before buying it. As part of the pre-sale inspection, professional testing is the only way to know if something in your home has asbestos. Don’t be too concerned about the issue until you get results showing asbestos.

    Asbestos is in the House. What Should I Do About It?

    That depends on many factors, including the following:

    • Is the product intact or deteriorating and falling apart (releasing fibers into the air)?
    • Is it in an area where people are likely to be or tucked away where someone is unlikely to go? The more exposure to an old asbestos product, the more likely it will cause health problems
    • Is it in an area where repairs or renovations are planned or likely? Repairs or renovations may require contact or removal of the asbestos product
    • How risk-averse are you? Are you uncomfortable with anything in your house that could be a health threat? Are you risk-tolerant and willing to put up with something that might be, but isn’t yet, a problem?

    If asbestos is present, it could lower the house’s value unless demand is so high that potential buyers will overlook it.

    Here are some approaches to consider with the seller:

    • Demand the asbestos products be abated as a condition of the sale. Professional abatement will cost thousands of dollars. It will vary on the volume and complexity of the work. It may cost less if the contractor is more eager for projects. The seller may agree, reduce the price to entirely or partially cover the cost of abatement you’ll arrange for in the future, or refuse to do anything because the house is being sold “as is”
    • Ask for a reduction in sales price to reflect the property’s diminished value or the cost of abatement you’ll pay for. The seller may agree, and you’ll negotiate the amount, or they’ll refuse to accept a lower bid
    • Not ask for anything. The seller may have been upfront about the house being sold “as is.” You could say that due to the discovery of asbestos, you’ll lower what you’re willing to pay. You may negotiate how much that will be, or the seller may refuse to accept less
    • You could not ask for anything and accept the condition for the price you tentatively agreed to pay. There may be a small amount of asbestos. It may be easily removed or sealed up. You’re in great need of housing, have few other options, and are willing to cope with the asbestos in the house

    Real estate is a two-way street. Your situation is only part of the equation. The seller’s circumstances are the other. They may be:

    • Desperate to move, access the equity in the house, or stop making mortgage payments and be more flexible in negotiations
    • In no hurry to sell and feel that if they turn you down, it won’t take much time or effort to find another potential buyer who is less concerned about asbestos

    Asbestos is just one potential hazard in older homes, including the following:

    • There may be mold or lead paint in the home
    • Well or municipal water may be contaminated
    • If you’re not connected to municipal sewers, an older, poorly constructed, or designed sewage system may fail

    Given the home’s overall condition, asbestos may be one of many things to be concerned about.

    Call Us Today for A Free Consultation

    We are your boots on the ground if you or someone you love suffers from mesothelioma or another asbestos-related illness in Kentucky. To reach our office in Louisville, call 855-385-9532. You may also complete our contact form for a free initial consultation.

    Hospitals Can Be Held Responsible for Abusive Employees

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    We assume our healthcare providers have our best interests at heart. We should accept that even the best-intentioned medical professional can make a mistake. Still, we may find it hard to believe someone in healthcare would intentionally hurt anyone. The sad fact is those people are out there, and if you or your child are a victim, you may be entitled to compensation.

    Satterley & Kelley, PLLC, helps people victimized by criminal and negligent healthcare professionals, including those who should have stopped patient abuse caused by another. To learn more, contact us at 855-385-9532.

    Hospital Nurse Charged with Child Abuse

    Employees at Henrico’s Doctors’ Hospital in Richmond, Virginia, first noticed mysterious injuries to newborns in the summer of 2023, reports the Washington Post. Last December, three infants in the neonatal intensive care unit (NICU) suffered “unexplainable fractures,” according to a hospital statement.

    That cause may be registered nurse Erin Elizabeth Ann Strotman, 26, who was arrested and charged with felony child abuse and malicious wounding in connection to an incident that happened in November. Police state they’re reopening investigations into injuries suffered by babies in 2023 and 2024.

    The Post’s reporter spoke to the parents of a child whose leg was broken when being cared for at the NICU in 2023. He was one of two premature twins struggling to become healthy. The father’s mother is a former NICU nurse who, after hearing of the injury, reported it to Virginia’s Child Protective Services.

    The hospital opened an investigation into the incident but closed it two weeks later. The local police also investigated and closed the investigation a year later. The parent was told the police believed it was the result of abuse, but they couldn’t come up with a suspect.

    His son’s case was reopened in March of 2024. It’s believed at least seven infants were injured over time. One had 12 bone fractures. The parent stated he was shocked Strotman was arrested because he remembered her as kind.

    In late December 2023,the hospital announced the following:

    • Increased safety training for NICU caregivers
    • Additional physical examinations of each NICU patient
    • New training to help employees identify and report neglect or abuse
    • Two new security systems, one allowing parents to watch their infants at all time
    • A system ensuring babies were never alone with caregivers

    Strotman’s next court date is expected on March 24.

    Hospital’s Actions Too Little Too Late?

    The Post states an investigation by the Virginia Department of Health revealed the hospital failed to report suspected child abuse on time after four babies were injured in 2023. Three more experienced fractures the following year.

    The report states two inspectors went to the hospital in September 2023 after four premature infants in the neonatal intensive care unit had fractures in one month. Investigators concluded that “the facility failed to protect and promote each patient’s rights” in the following ways:

    • The hospital was required to report possible abuse within 24 hours of finding it. Four fractures were found between August 5 and September 5, 2023, but the state wasn’t notified until September 20, 2023. One employee stated the delay was caused by the hospital consulting with outside medical experts. They concluded the injuries may not have been caused by accident
    • The hospital also failed to track the identities of the employees who collected lab samples from the infants during the time in question

    The hospital responded with a corrective action plan that included the training and safety measures announced in 2023. After more babies were injured in 2024, the hospital’s NICU stopped admitting patients, and a nurse was charged with child abuse. The injuries continued despite these measures, and the hospital shut down the NICU unit.

    The hospital installed cameras in NICU rooms in January 2024. One camera recorded Strotman putting pressure on a five-month’s legs, then pushing them so his feet were by his head, causing him distress. The child was later found with broken leg bones and fractured ribs.

    The Virginia Department of Health placed the hospital’s license on a conditional renewal status. It couldn’t admit patients to the NICU, follow safety rules, and allow regular state inspections.

    Speak To A Personal Injury Attorney Today

    If a healthcare professional abuses you or a family member, whether at a nursing home, hospital, office, or any other place, the organization running the facility may be held accountable through a personal injury claim for not preventing it from happening. They may have negligently hired or failed to reasonably supervise the person, leading to the injuries.

    Satterley & Kelley PLLC attorneys can help you take legal action. We will there every step of the way, protecting your interests and ensuring you get the compensation you deserve. Don’t to deal with a serious injury alone.

    Take advantage of a free consultation where you can discuss your case, call our Louisville office at 855-385-9532. You may also complete our contact form if it’s more convenient.

    How Do We Know How Much My Mesothelioma Case Is Worth?

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    Your life, health, and happiness are worth much more than money. But money is the only compensation you can get through our legal system. We can’t send you back in time, so you can avoid the asbestos that’s killing you or win you a cure for your disease. Money is the best Satterley & Kelley, PLLC attorneys can do to try to make things right.

    We consider your case worth what you should collect as compensation for your illness and all its adverse impacts on your life.

    How you obtain that compensation depends on the status of the companies responsible for the asbestos causing your disease. If they’re bankrupt, they may have a trust fund that pays claims made by those injured by their products. If the business is still operating, insurance may pay the claim, or the company may pay it. Either way, nearly all claims settle through negotiations. A trial is possible but highly unlikely.

    What Will I Be Compensated For?

    Many factors impact the value of your case. Age is a critical factor. We’ve had clients in their 40s, 80s, and 90s. The more the person earns, the more income they’ll lose. Age and pay rates have huge impacts on a case’s value. Generally, the younger you are, the more you make, the more your case is worth.

    Under Kentucky law, there are many damages (the harm you suffer measured in dollars). They include the following:

    • Medical expenses
    • Lost income (the younger the person, the more income the person loses)
    • Lost pension or social security payments
    • How long you’ve had the disease
    • Past, present, and future physical and mental pain and suffering due to the disease, its treatment, and side effects (the longer this lasts, the higher the value)
    • Punitive damages punish companies that acted maliciously and recklessly. The possible award of these damages increases a case’s value

    The amount for these damages varies on the facts of the case and the applicable law.

    What Might Affect How Much My Case is Worth?

    The defendant’s identity is a factor. A Fortune 500 company that failed to keep people safe while knowing about asbestos’ dangers will likely pay more. The location of the case also affects the outcome. Some juries are conservative in their awards, while others are more open to requiring companies to fully pay for their actions.

    How Can I Maximize My Mesothelioma Case’s Value?

    You can do some things, while other issues are beyond your control. Issues to think about include:

    • Remembering details and documenting your asbestos exposure. This may have been decades ago, but writing down what you can remember as best you can may be a big help. It’s very helpful to remember locations, dates, co-workers’ names, types, and brands of asbestos products used at the location
    • Take your medical treatment seriously and cooperate with your treatment team. You need not do everything they tell you to do, but you must act reasonably. Doing nothing or things that harm your health will hurt your case

    Many of those with mesothelioma are rightfully upset, angry, or depressed. Whatever your frame of mind, you must make wise decisions to make the most of your case.

    What Will My Mesothelioma Case Cost Me?

    Satterley & Kelley, PLLC, works for a share of your recovery. You need not pay us in advance or on an ongoing basis. We will also incur costs, which vary depending on the case. Your recovery will also cover those costs. If your case is successful and you obtain compensation, our attorneys and expenses will be paid. If you aren’t compensated, you won’t owe us anything.

    Get the Legal Help You Need from Mesothelioma Attorneys You Can Trust

    Satterley & Kelley, PLLC, lawyers and staff will treat you like family and help you get the justice you deserve. If you’ve contracted mesothelioma, you deserve compensation. Don’t wait — contact us for help today.

    A Bad Faith Claim

    How an Insurance Company May Limit Your Injury Claim

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    Insurance companies are like any business when making profits: their income is greater than their costs. That income comes from premiums and profits from their investments. Their costs include paying claims for injuries, deaths, and property damage. Limiting claims boosts profits, so there’s plenty of incentive to deny and restrict claims like yours.

    Satterley & Kelley, PLLC, has represented accident victims like you for more than 30 years. We have taken thousands of accident cases over that time. Insurance companies act responsibly and professionally, but not all the time.

    Some people come to us to discuss their situation, but they don’t have a basis for a lawsuit. The insurance company is living up to its obligations, and what it offers is reasonable given the facts and insurance policy. Other times, what’s going on will make an attorney shake their head at how poorly they handle their responsibilities.

    Your Chance at Maximum Recovery Improves When You Have an Attorney

    Satterley & Kelley, PLLC, has provided this service to injury victims for more than thirty years because it is needed. We would need to find another job if insurance companies did the right thing for all claimants and met their legal obligations.

    Tell us your story if you or a loved one are injured in an accident. Dealing with an insurance company by yourself, especially if a major injury is involved, could result in mistakes that may end your ability to receive compensation, or you may receive far less than if you had our experienced representation.

    Because of our specialized knowledge and experience, we know what it takes to get the most from insurance companies for our clients without the time, energy, and expense of a courtroom battle.

    Helping Clients is Not Just About Money. It’s About Peace of Mind.

    Though settlements and jury awards help our clients, one of the top benefits of our representation is that we deal with the insurance company, so our clients won’t have to.

    They can focus on treatment, recovery, their family, and returning to work because their claim is in good hands. Our clients know that whatever can be done to move their claims forward and maximize their recovery is being done.

    What Insurance Companies Do to Frustrate Accident Victims’ Claims

    Some things insurance companies may do include the following:

    • Downplay the extent and effect of your injuries to justify a lower offer. They may downplay radiology reports and focus on a stray comment in your medical records
    • Offer a low settlement soon after your claim is made. The insurance company may offer you a quick settlement that doesn’t reflect the extent of your injuries or how it impacts you. A signed release can’t be unsigned, so if you take their offer, that’s all you’ll get
    • They can deny and delay your claim in hopes you’ll give up or at least hold onto their money for as long as they can. They may drag out investigations, request unnecessary documents, or take too long to respond
    • They will emphasize your alleged negligence leading up to the accident to deflect their policyholder’s fault to reduce your claim’s value
    • If you consent to give a recorded statement, they may “cherry-pick” what you said to try to justify a denial or reduce your recovery
    • As your claim progresses, the insurer may hire accident reconstruction specialists or doctors to challenge your version of events or the extent of your injuries. Their reports may be used to deny your claim or cut back their offer
    • An insurance carrier may try to shortchange or “lowball” you by not considering or fully valuing all the damages you’re entitled to recover. They want to focus on what you literally have receipts for, not intangible recoveries like pain, suffering, and emotional distress whose value may be substantial
    • You may be told you’ll get the same recovery whether or not you have an attorney representing you, so it’ll be a waste of money to retain one. The last thing an insurance company wants is an injury claim involving a lawyer

    When dealing with a claims adjuster, you must remember that no matter how friendly, professional, and caring they may sound, they’re not working for you. Personally, they may want to give you everything you want, but that will get them fired. A Satterley & Kelley PLLC lawyer is only concerned with your interests and getting all you can for your claim.

    Speak To A Personal Injury Attorney Today

    If someone else’s negligent actions caused injuries to you or a loved one, Satterley & Kelley PLLC attorneys are here to help you take legal action. We will be with you every step of the way, protect your best interests, and ensure you get the compensation you deserve. Don’t deal with a serious injury alone.

    Call our Louisville office at 855-385-9532 to schedule a free initial consultation to discuss your case. If it’s more convenient, you can also complete our contact form.

    California + Major Fire = Public Asbestos Exposure (Again)

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    Compared to decades ago, a small fraction of the amount of asbestos is being sold now. But that doesn’t mean it’s not still out there in homes, vehicles, and industrial areas. California is the scene of annual massive, devastating fires that release asbestos once inside structures into the open air. This year’s fires in Los Angeles are no different, and they point out the ongoing dangers of asbestos to first responders and the public at large.

    What is Asbestos?

    Asbestos is a natural, microscopic mineral fiber that’s exceptionally light and strong. It’s also heat, fire, electricity, chemical, and corrosion resistant. It’s been used in thousands of products for centuries because of these properties.

    Asbestos has been added to everything from hairdryers to aircraft, toasters to cement, brakes to cloth. Although asbestos sales largely ended in the US from the late 1970s to the early 1980s, asbestos products are still in buildings and vehicles nationwide.

    Why is Asbestos Dangerous?

    The qualities that make asbestos attractive to manufacturers also make it hazardous. It’s incredibly light and durable. Fibers are released when asbestos-containing products are created, installed, damaged, or destroyed. The fibers float through the air, where anyone in the area can inhale or swallow them. They then end up inside the body, where they become stuck.

    The body’s immune response cannot remove or destroy the fibers. Instead, scarring and inflammation occur where fibers are located. Over decades, this process causes genetic changes in affected cells, and they may become malignant, resulting in potentially many different cancer types, including mesothelioma.

    How Do Structure Fires Relate to Asbestos Exposure?

    Fires started in hilly sections of Los Angeles at the beginning of January. By the middle of the month, almost 38,000 acres had burned, according to CBS News. The fires killed at least 27 people, destroyed more than 12,000 buildings, and forced the evacuation of up to 200,000 people. Housing in the area is some of the country’s most expensive, pushing up economic damage estimates of $250 to $275 billion, according to the New York Times.

    JSE Labs has this list of 37 asbestos-containing products that could be found in a home. There could be hundreds more asbestos-containing products in commercial and industrial buildings.

    Although asbestos fibers don’t burn, fire can destroy the building where these products are located. The building may collapse and crush the area, sending the fibers into the superheated air created by the structure fire.

    Last year, the burning of a giant aircraft hangar in Tustin caused asbestos hazards to the public in California. This year, thousands of smaller buildings in Los Angeles have been destroyed.

    Have the Los Angeles Fires Exposed the Public to Asbestos Fibers?

    Because asbestos-containing products were installed in structures in Los Angeles and never removed, fibers were put into the air when they burned.

    Citing airborne pollutants and a lack of running water, the Los Angeles County Sheriff’s Department temporarily closed its station in the Altadena section of the county on January 16, reports the Los Angeles Times.

    The department received a letter from the state’s Division of Occupational Safety and Health stating it received a complaint about contamination in the workplace and decided to temporarily close the station until it could be made safe.

    The previous day, the Sheriff’s Department sent an urgent message to its patrol cars, warning deputies in Altadena that the air was so toxic that they should wear N95 masks and decontaminate their uniforms before entering their homes.

    The message stated that the county fire department’s hazmat team reported that air tests found the area hazardous because it contained asbestos, lead, and other “harmful particulates.”

    Burning trees and other natural vegetation can create many pollutants that can end up deep in the lungs and enter the bloodstream, causing respiratory and other health problems. When smoke from burning buildings enters the mix, there are additional toxins, including chemicals and asbestos fibers.

    Call Us Today for A Free Consultation

    If you or a family member developed mesothelioma or another asbestos-related disease while or after working as a firefighter or other first responder, Satterley & Kelley attorneys can answer your questions and discuss your rights to compensation and how to protect them.

    Call our Louisville law office at 855-385-9532. You can also fill out our contact form to schedule a free initial legal consultation.

    Asbestos-Containing Water Pipe Concerns Reach San Diego

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    Asbestos-containing cement pipes help move drinking water through San Diego, California’s second-largest city. Over the past ten years, they’ve been the sites of 440 water main breaks, potentially exposing repair workers and city citizens to cancer-causing asbestos fibers, according to KGTV.

    The TV station reports that the pipes were installed after World War II through the mid-1980s. Decades later, they are wearing out, cracking, and failing as they reach the end of their expected lifespan. The potential dangers of asbestos leaching out of water pipes are a global problem.

    Cancer-Causing Fibers Present Public Health Threat

    Dr. Arthur Frank, a professor of medicine and a public health expert at Drexel University in Philadelphia, warns that asbestos fibers can be released from these pipes into drinking water when they break and come apart. Frank has researched asbestos since 1968.

    He warns that asbestos fibers in the water could end up in the esophagus, kidneys, and colorectal tissue. The World Health Organization states that several studies in the US and Canada have suggested a connection between stomach cancer and tap water from asbestos pipes. An Italian study published in 2017 states that asbestos-contaminated water could be linked to gastrointestinal cancers.

    Dr. Lauren Teras, the American Cancer Society’s Senior Director of Epidemiology Research, told the station it’s uncertain that swallowing asbestos fibers in drinking water will cause cancer. Because many things can start cancer, she states, ideally, researchers could collect blood from residents exposed to this water and monitor their health for at least 20 years to find out.

    Frank says water filters may trap asbestos fibers in water, preventing people from drinking them.

    San Diego has Replaced a Fraction of All Its Asbestos-Containing Water Pipes

    Documents obtained by the station show that from 2020 to 2024, San Diego tested reservoirs nine times for asbestos at wells, reservoirs, and a water reclamation plant. A trace amount of asbestos was discovered in 2021 in one reservoir sample. No tests were done of water passing through asbestos-containing pipes.

    The city’s public utilities department states that about 15% of North American water mains are made of asbestos. The department told the station it complies with state and federal clean water regulations but doesn’t test water in schools, businesses, or homes.

    Ten years ago, a grand jury investigating water main breaks warned the city it needed to “aggressively” replace asbestos pipes. Since 2016, San Diego has replaced 144 miles of the pipe, with about 1,980 miles left. The city estimates replacing a mile of asbestos-containing water pipes costs about five to six million dollars.

    Need Help With A Lawsuit?

    If you have an asbestos-related condition, Satterley & Kelley, PLLC, may help you obtain compensation for what you’ve been through. Call us toll-free at 855-385-9532 today, or contact us online to schedule a free consultation with one of our lawyers.