Husband Of TBI Survivor Shares Blog On Her Miraculous Recovery

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Posted on 15th April 2010 by Gordon Johnson in Uncategorized

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Believe in miracles – no matter what the doctors tell you.

 That’s the message from George. The Canadian resident asked that we share his family’s story and blog with you, to give hope to those who feel hopeless after their loved one sustains a traumatic brain injury.

 “My wife Yvonne was involved in a head-on collision with a tractor trailer in late January 2010,” George wrote us. “The car spun out on icy roads and crossed the line. Initially the doctors didn’t give us much hope. They said she might never leave the ICU and they asked us if it was her wish to be an organ donor. Yea, pretty damned bleak.”

 Well, apparently the doctors were wrong about Yvonne.

“She is healing beautifully and she IS a miracle girl!” George said.

The family has been keeping a blog about Yvonne’s progress, http://yvonneonthemend.blogspot.com/.

“I just wanted to share this so other families who suddenly find themselves in this situation will be able to read about her,” George wrote. .

The blog’s first entries date back to a day or two after the accident, which took place Jan. 27.

GAO Report Criticizes Oversight of Medically Unfit Truckers

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Posted on 29th July 2008 by Gordon Johnson in Uncategorized

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As discussed in our previous blog, the U.S. House of Representatives, Transportation and Infrastructure Committee, held hearings on July 24 on medically unfit truckers. Click here for the hearing information. Included in the hearing documentation was a GAO (Government Accountability Office) report on this issue. That report discussed in length such concerns. Our next several blogs will detail the findings of that report, GAO Report to Congressional Requesters: Commercial Drivers Certification Process for Drivers with Serious Medical Conditions.
http://www.gao.gov/new.items/d08826.pdf

GAO did this study for the Department of Transportation (DOT) to assess how many drivers with a CDL ( Commercial Drivers License) who are medically unfit, are still driving with a CDL. Since those with CDLs are licensed to drive large vehicles, including semi tractor-trailers, it is important to know that the DOT is doing everything possible to insure that CDL drivers are not putting other vehicles in danger because of their serious medical conditions. For this reason, the DOT has specific medical rules for individuals who are obtaining a CDL license or who hope to maintain their license.

The GAO analysis found some disturbing information about the medical conditions of thousands of drivers who have a CDL. Working with the Department of Veterans Affairs and Labor (VA), Social Security Administration (SSA) and Office of Personnel Management, the GAO found that approximately half a million individuals who have a CDL were eligible for full disability benefits. Allowing these individuals who have been deemed unable to work, to drive a commercial sized vehicle, could be risky and dangerous.

In theory, qualifying for a full disability should involve an objective determination that an individual is unfit to work and even more so, drive a commercial vehicle. The government sends experts to look at a claimant’s medical files, hospital documents, may require a special evaluation and analyzes past relevant job history. When the government confirms that an individual is fully disabled, this should mean that an individual would be a poor candidate to engage in the activities of a commercial driver.

This government website lists many of the conditions that determine whether you are disabled and the basic guidelines that determine your ability.
http://www.ssa.gov/pubs/10053.html

While as brain injury advocates, we are always striving to rehabilitate our clients, such rehabilitation cannot involve vocations that put both the disabled person and the general public at risk. Our next blog will provide examples from the GAO report of those using a CDL license, despite seriously disabling conditions.

House committee probes medically unfit truckers

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Posted on 24th July 2008 by Gordon Johnson in Uncategorized

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As we commented on earlier this week, the issue of the medical fitness of truck drivers has been in the news. In conjunction with that is the below story from the AP about hearings of the House Transportation and Infrastructure Committee. We will continue to monitor this story carefully, as the issue of the safety of our nation’s truck drivers is of the highest order.

Attorney Gordon Johnson,
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©Attorney Gordon S. Johnson, Jr. 2008

Date: 07/24/2008 03:24 AM


By JOAN LOWY
Associated Press Writer

WASHINGTON (AP) _ It’s so easy to fabricate the medical certificates required to operate commercial trucks on the nation’s highways that there’s almost no incentive for truckers to obtain a legitimate document, according to a congressional study.

The House Transportation and Infrastructure Committee’s study — expected to be released at a hearing Thursday — found that there are so few controls over how drivers obtain medical certificates that it’s “relatively easy for a motivated commercial driver to circumvent the physical examination requirement.” Nor is there any database or central repository which would allow state inspectors to verify the legitimacy of a medical certificate.

“Because so few attempts are made to authenticate a certificate, there is little risk that a driver will be caught if he or she forges or adulterates a certificate,” according to the report, which was obtained by The Associated Press.

The Transportation Committee’s study was based on a sample of 614 medical certificates obtained from truck drivers at roadside inspections in California, Illinois and Ohio. The committee’s staff attempted to contact the medical examiners named on the certificates but could only verify 407 as valid.

One Ohio doctor contacted by the committee said forgery of medical certificates is so commonplace “no one gets alarmed by it anymore.”

The committee called officials of the Federal Motor Carrier Safety Administration to explain at the hearing why the agency hasn’t fully implemented recommendations made nearly seven years ago on how to keep medically unfit truck drivers off the road. The witness list also included officials from the National Transportation Safety Board, which made the recommendations.

The NTSB made the recommendations in September 2001 in response to a 1999 motorcoach accident in New Orleans that killed 22. They have lingered on the NTSB’s “most wanted” list of safety improvements for five years.

In the New Orleans motorcoach accident, the NTSB said the bus driver, Frank Bedell, 46, suffered life-threatening kidney and heart conditions but held a valid license and medical certificate. A passenger recounted seeing the driver slumped in his seat moments before the crash.

Bedell died three months later of an apparent heart-related illness. Investigators said he was treated at least 20 times in the 21 months before the accident for various ailments.

Tractor-trailer and bus drivers have suffered seizures, heart attacks or unconscious spells while behind the wheel. Such illnesses have been a critical factor in thousands of serious truck accidents.

The NTSB recommended that examiners who certify drivers as medically fit be qualified and know what to look for, that a system be set up to track medical certificate applications and prevent drivers from doctor shopping, and that a mechanism be provided for reporting drivers with potentially debilitating medical conditions.

Hundreds of thousands of drivers carry commercial licenses even though they also qualify for full federal disability payments, according to a new U.S. safety study disclosed by The Associated Press earlier this week.

The Government Accountability Office said in the study that 563,000 commercial drivers were determined by the Veterans Affairs Department, Labor Department or Social Security Administration to also be eligible for full disability benefits over health issues. It said disability doesn’t necessarily mean a driver is unfit to operate a commercial vehicle, but its investigators found alarming examples that raised doubts about the safety of the nation’s highways. They identified more than 1,000 drivers with vision, hearing or seizure disorders, which generally would prohibit a trucker from obtaining a valid commercial license.

Truckers violating federal medical rules have been caught in every state, according to an AP review of 7.3 million commercial driver violations compiled by the Transportation Department in 2006, the latest data available. Texas, Maryland, Georgia, Florida, Indiana, Pennsylvania, Illinois, Michigan, Alabama, New Jersey, Minnesota and Ohio were states where drivers were sanctioned most frequently for breaking medical rules, such as failing to carry a valid medical certificate. Those 12 states accounted for half of all such violations in the United States.

Copyright 2008 The Associated Press.

Accommodation of Disability versus Public Safety in Tractor Trailer Operation

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Posted on 21st July 2008 by Gordon Johnson in Uncategorized

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The Blog below about sick truck drivers hits close to home for me, both as an attorney who believes our lawsuits ultimately make the roads safer, but also as an advocate for those injured.

In seemingly every case, I have a client whose ability to drive is impaired in some way by his or her brain injury. If you were to run a list of brain injury symptoms, almost every symptom on that list would reduce to some extent, a person’s capacity to drive under certain traffic conditions. While taking someone’s drivers license is the equivalent to a prison sentence in some ways, it is still imperative to the public safety and the already vulnerable person’s safety, that they not take unnecessary risk of a wreck.

In most of my cases, the brain injured person works out a compromise on this issue, driving only under limited circumstances, near home, during periods of light traffic. I am never happy with this, because one can never completely plan for the unexpected when driving, and it is the unexpected that causes the distraction, that results in the wreck.

But while all life is compromises -balancing risk against rewards, when you are talking about the huge public safety issue involved in driving an 18 wheeler, then there can be no compromise. The risk is so great, no individually based reward can justify it. The Federal Motor Carrier Safety rules are strict for a reason: trucks are just too dangerous in the hands of someone incapable of handling all of the stresses involved. But we must do more than have strict rules, we must have a compliance policy that ensures that all truck drivers are safe.

We discuss these issues at length at our page http://semi-accident.com/ While as an advocate, I am always pushing to able, not disable my clients, trucking is not an a field for accommodation, trial and error. Drivers, carriers and regulators must assure that everyone behind the wheel of an 18 wheeler is fully capable.

Deadly Tolls: Sick truckers causing fatal wrecks

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Posted on 21st July 2008 by Gordon Johnson in Uncategorized

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Date: 07/21/2008 07:22 AM

By HOPE YEN

WASHINGTON (AP) _ Hundreds of thousands of tractor-trailer and bus drivers in the United States carry commercial driver’s licenses despite also qualifying for full federal disability payments, and some of those drivers have suffered seizures, heart attacks or unconscious spells, according to a new U.S. safety study obtained by The Associated Press.

The problems threatening highway travelers persist despite years of government warnings and hundreds of deaths and injuries blamed on commercial truck and bus drivers who blacked out, collapsed or suffered major health problems behind the wheels of vehicles that can weigh 40 tons or more.

The U.S. agency responsible for cracking down on unfit truckers, the Federal Motor Carrier Safety Administration, acknowledges it hasn’t completed any of eight recommendations that U.S. safety regulators have proposed since 2001. One would set minimum standards for officials who determine whether truckers are medically safe to drive. Another would prevent truckers from “doctor shopping” to find a physician who might overlook a risky health condition. It’s unclear whether any of the eight recommendations will be done before President Bush leaves office.

“We have a major public safety problem, and we haven’t corrected it,” said Gerald Donaldson, senior research director at the Washington-based Advocates for Highway and Auto Safety, whose members include consumer, health and safety groups and insurance companies. “You have an agency that is favorably disposed to maintaining the integrity of the industry’s economic situation.”

Truckers violating federal medical rules have been caught in every state, according to a review by the AP of 7.3 million commercial driver violations compiled by the Transportation Department in 2006, the latest data available. Texas, Maryland, Georgia, Florida, Indiana, Pennsylvania, Illinois, Michigan, Alabama, New Jersey, Minnesota and Ohio were states where drivers were sanctioned most frequently for breaking medical rules, such as failing to carry a valid medical certificate. Those 12 states accounted for half of all such violations in the United States.

Consider these cases:

—A Florida bus driver who suffers from lung disease and uses three daily inhalers to control breathing told congressional investigators that he “occasionally blacks out and forgets things.” He works as a substitute driver despite not having a medical certificate, and his commercial license expires in 2010. The driver, who was not identified but will figure prominently in a congressional hearing this week, has collected Social Security benefits since 1994. He confided to investigators that he “gets winded” walking to his mailbox but has no problem driving a passenger bus.

—A Virginia trucker with a prosthetic leg from a farm accident more than 10 years ago is permitted to drive tanker trucks until at least 2012, even though he doesn’t have the proper federal paperwork required for amputees. Virginia revoked the medical license for the official who approved him to drive over charges the official was caught illegally distributing controlled substances.

—George Albright Jr., 61, smashed his 70,000-pound tractor-trailer into congested traffic on Interstate 70 in June 2006, killing four women in a Ford sedan about 30 miles east of Columbia, Mo. Albright’s employer agreed earlier this year to pay $18 million in a settlement. A Missouri jury acquitted Albright this month on four counts of second-degree involuntary manslaughter, after his lawyers argued in court that a diabetic episode “put him in an altered state of consciousness.” Albright wasn’t injured.

—A gasoline tanker plunged from an overpass and exploded in flames on Interstate 95 near Baltimore in January 2004, killing four people. Witnesses reported the driver slumped over the wheel. Maryland investigators concluded the driver, Jackie M. Frost, had suffered a heart attack or other medical emergency, but his family disputed that.

—The driver of a 15-passenger “Tippy Toes” day-care bus traveling 63 mph on Interstate 240 in Memphis, Tenn., in April 2002 crashed into a bridge, killing the driver and four of the six children aboard. The National Transportation Safety Board said the driver, Wesley B. Hudson, 27, fell asleep, “quite likely due to an undiagnosed sleep disorder.” Investigators said children sometimes had to wake up Hudson, whom the NTSB described as obese and a marijuana user.

—A 55-passenger bus rolled off Interstate 610 in New Orleans in May 1999, killing 22 passengers. The NTSB said the bus driver, Frank Bedell, 46, suffered life-threatening kidney and heart conditions but held a valid license and medical certificate. Moments before the crash, a passenger recounted seeing the driver slumped in his seat. Bedell died three months later of an apparent heart-related illness. Investigators said he was treated at least 20 times in the 21 months before the accident for various ailments.

Some truckers said the government should enforce existing rules, not make new ones.

“Do you enjoy your clothing and house? Without the truck driver you would have none of it,” said Gary Hull, 52, a trucker for a Louisiana company, as he drove from Edinburg, Texas, to Mansfield, La. “Our economy is based on the truck. People don’t understand the ramifications of making it more restrictive for truck drivers to drive.”

Hull said most drivers are hard workers who earn a modest salary and cope with rising diesel prices. New regulations could add to costs and force truckers to evade the rules, he said.

The Transportation Department said 5,300 people died in crashes involving large commercial trucks or buses in 2006, the latest year for which figures are available, and about 126,000 more were injured. A federal safety study last summer found that cases where drivers fell asleep, suffered heart attacks or seizures or otherwise were physically impaired were a leading cause of serious crashes involving large trucks. But those cases included healthy drivers who fell asleep.

“The problem is major. It’s one of the biggest causes of occupational death in the United States today,” said Dr. Kurt Hegmann, chairman of the FMCSA’s medical oversight board, which is urging more doctor visits in many cases for truckers with serious medical conditions.

While it may be years before any of the board’s proposals take effect, there is nothing preventing doctors from stepping up scrutiny of drivers’ medical conditions right away, Hegmann said.

Congress may take action soon. The House Transportation and Infrastructure Committee, led by Rep. James Oberstar, D-Minn., will conduct oversight hearings Thursday. One proposal would create a clearinghouse for drug test results for commercial truck drivers to make it easier for employers to conduct checks. Oberstar’s committee asked the Government Accountability Office to investigate unfit truck drivers.

The 30-page GAO study, obtained by the AP in advance of its release later this week, said 563,000 commercial drivers were determined by the Veterans Affairs Department, Labor Department or Social Security Administration to also be eligible for full disability benefits over health issues. It said disability doesn’t necessarily mean a driver is unfit to operate a commercial vehicle, but its investigators found alarming examples that raised doubts about the safety of the nation’s highways. They identified more than 1,000 drivers with vision, hearing or seizure disorders, which generally would prohibit a trucker from obtaining a valid commercial license.

The chief safety officer for the Federal Motor Carrier Safety Administration, Rose McMurray, acknowledged problems that could lead to unfit truck drivers on the roads. She blamed delays in reforms on a lack of federal money and difficulty coordinating with 50 states. McMurray said changes to stren gthen the medical oversight program may not be done for months or even years.

“We have done a lot to recognize the deficiencies in our medical oversight program, and the building blocks we’re establishing are very smart and very strong,” McMurray said.

Families of crash victims said stronger safety rules can’t happen soon enough.

William Hieronymus II of Salina, Kan., said he remembers eating cereal each morning with his 10-month-old son. His son William and wife, Amanda, died in May 2005 when a truck crossed a median and struck their SUV.

The driver, Scott A. Wegrzyn, pleaded guilty to two counts of vehicular homicide. Prosecutors said Wegrzyn knew he suffered from sleep apnea and went to a second doctor without disclosing the condition to obtain the medical certification he needed to drive.

“I try to go through a day without crying,” Hieronymus said during Wegrzyn’s trial. “I wonder every day what (Will) would have grown up to be, what he would have stood for.”

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On the Net:

Federal Motor Carrier Safety Administration: http://www.fmcsa.dot.gov/

Advocates for Highway and Auto Safety: http://www.saferoads.org/

Government Accountability Office: http://www.gao.gov/

Copyright 2008 The Associated Press.