Des Moines Personal Injury Lawyer - Spinal Cord Injuries

What's more dangerous, cheerleading? ... Or foolish coaches?

Steve Lombardi — Fri, 06 Nov 2009 12:01:00 GMT

Is Cheerleading too dangerous? Does it need to be changed? Or does the coaching system simply need to be tweaked to provide a more safety minded mindset?

A Wall Street Journal article on September 17, 2009 addressed the increasingly popular sport of cheerleading and the dangers it presents to girls across America. More news coverage of the injuries incurred by cheerleaders is causing debate on whether certain aspects of the sport should be banned or at least changed. With cheerleading being the cause of “65% of all female catastrophic injuries in high school and college…according to the University of North Carolina's National Center for Catastrophic Sport Injury Research.” There is no wonder why people are upset that this high risk sport does not have the same quality of medical assistance present at all times, as with other sports such as football. To help decrease the risk factor different levels of cheerleading are taking preventive measures such as, “College teams are no longer allowed to perform three-person-high pyramids and do double flips from them. High school teams can't perform flipping basket tosses and last year, twisting dismounts were banned on basketball courts.” Some states (like Wisconsin) view cheerleading as a high risk sport and called it a “contact sport” which the Wisconsin's Supreme Court’s decision “prevents injured cheerleaders from suing their schools or teammates.”

If cheerleading is such a high risk sport as to be considered a contact sport, should not the association which regulates it, make changes to protect the participants or change the way the sport is performed all together. To truly estimate the risk of cheerleading first the sport must attempt to account for all participants across the country. The Wall Street Journal says that “estimates say there are about 400,000 public high school cheerleaders, but the NCAA doesn't track participation (it's not considered a sport) and the number of cheerleaders on private teams isn't known.” The number of cheerleaders all together is hard to pinpoint, but “if you go by the consensus estimate -- that there are about 4 million cheerleaders across the country -- the activity looks about as risky as women's soccer.”

What was the original purpose of cheerleading: to get the crowd’s energy up and to support and “cheer” on the team. There is no doubt that the ways of cheerleading have shifted with regular stunts in routines consisting of split jumps called the “Herkie”, flipping basket tosses, and twisting dismounts. If the stunts of cheerleading of today remain, maybe the activity should be reconsidered an organized sport, instead of just a “girly athletic activity.”

There have been motions set in place to attempt in helping injured cheerleaders. Kimberly Archie founded the National Cheer Safety Foundation in 2008, created this program as a parent of a cheerleader who broke her arm during a practice. She hopes this program will help parents be more aware of the injuries and ultimately help reduce the risks that cheerleaders face constantly. Archie’s organization has been in the forefront of cheerleader safety issues and advocating for positive changes. She’s a positive force that has successfully resisted the headwinds pushing against change.

Should this highly dangerous but popular activity be changed all together, have tighter regulations, or continue to victimize America’s young girls of today. As a parent it’s your choice to accept the status quo or push for changes that may protect your child from a life of misery. All coaches need to get on the safety band wagon for the sake of the cheerleaders. It’s a terrific sport.

Video Library | Lombardi Law Firm

Description: Cheerleading has become the leading cause of catastrophic injury in young female athletes, says Amy Miller Bohn, a physician at the UMHS ...
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Originally posted at InjuryBoard by Steve Lombardi

Crashing Into A Sheriff Deputy is a Bad Night

Steve Lombardi — Tue, 03 Nov 2009 12:01:00 GMT

What caused 21 year old Travis Scott to veer straight into oncoming traffic? That is the question Council Bluffs police are asking after the accident in the late hours of October 9th 2009 between Mr. Scott and Pottawattamie County Deputy Jahn Kirlin left Mr. Scott, his two passengers and the deputy injured. The accident happened on 23rd St.; the driver Travis Scott and passenger Leah Wenninghoff were in serious condition, another passenger Anthony Biggert was listed in stable condition, and the Deputy was treated for hand and arm injuries. The case remains open for investigation.

This is one of those types of crashes we are seeing more and more of on the Interstate highways: I-80, I35, I235, I380 and all the other parts of Iowa's interstate highway system. As the accident causes accumulate distracted driving is the number one, two or three cause. It's got to be right behind drunken driving or speeding. Many that we see are by drivers distracted with cell phones, either because of talking or tweeting or texting. I wonder what this one was about. What was the distraction that caused this young man to run right into a police car?

Yesterday as I was driving by an elementary school where parents must have been attending a school activity the function ended and we all drove off together in a line. As we turned onto the main drag, University Avenue, I got in the left lane to pass them. I passed six cars in a row and every one of the drivers was a parent with a cell phone glued to their ear. With the cell phone being held to your left ear the driver's hand creates an added blind spot by the hand and arm. You can see how the driver is required to turn their entire body to see the left side if they want to see what's coming to the left. These are all distracted drivers who can cause an accident, and injure others or kill pedestrians.

And that's why personal injury lawyers aren't going anywhere. This is why people will continue to need more personal injury lawyers who care about their clients and understand the business of personal injury legal work. There will always be those who want us gone or who work through large advertising campaigns to convince people the problems are all the lawyers' fault. And people can choose to believe that, at least until it's them that are struck by a distracted or drunk driver. And then they need Lombardi Law Firm and alll the other law firms that make up the InjuryBoard, because when you come right down to it, we aren't the problem we are a part of the solution. When you're in an accident, call us at the Lombardi Law Firm and we'll use our 30 plus years of experienced trial work to assist you with your fight against distracted drivers. For more information about the types of distracted drivers read the other blogs at the Des Moines InjuryBoard site.

Welcome Mr. Scott you're now a member of the distracted drivers' club.

Originally posted at InjuryBoard by Steve Lombardi

Iowa Cheerleader Bibliography of Safety Titles

Steve Lombardi — Tue, 27 Oct 2009 17:32:00 GMT

Cheerleading Blog Title Bibliography

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Originally posted at InjuryBoard by Steve Lombardi

Let's work to keep Cheerleading Safe

Steve Lombardi — Tue, 27 Oct 2009 10:23:00 GMT

Canadian cheerleader coaches comment on the safety of the rising popularity of cheerleading in the U.S. and Canada, in an article of Times and Transcript online news source on October 3, 2009. Though there are reported catastrophic injuries from cheerleading in America, Leanne Livingston from Canada’s Alberta Cheerleading Association says, "Injuries do happen, it's just like any other sport. But in my experience in cheerleading for over 25 years, there has never been any kind of catastrophic injury." Another Canadian, Deanna Mason from the Ontario Cheerleading Federation, “also said she couldn't think of such a disaster north of the border.” She was bothered by the American media coverage of accidents in cheerleading saying, "‘It's really unfortunate. I know there are a lot of coaches and programs that are really safe and never had severe injuries. But it can happen in any sport.’"

At Edmonton's Harry Ainlay High School the cheerleading “team is the reigning provincial champion.” The coaches are Chelsey Harris and Meagan Tracey and are said to “start with safety and a focus on the fundamentals.” They also make sure the students are able to perform what is asked of them by evaluating their performance. Tracey suggestes parents “check out the coach's credentials and visit the gym, ask about the training regimen, make sure the mats are good quality.” She also commented that “when things go wrong, it's usually a case of the coach not knowing their athletes, pushing the athlete beyond a skill they're capable of.’”

Club teams of cheerleading have changed the dynamic of the activity in the U.S. and Canada. Mason said in Ontario, “We've seen a huge decline in school cheerleading programs in the last five to 10 years. We're seeing a lot of experienced and successful coaches move into the club environment." Will this result in a lack of qualified coaches being provided at the school level?

See other blog on 2009.10.08 Is Cheerleading too dangerous? Does it need to be changed?

Cheerleading Parents, to Avoid Catastrophic Injury to your Teen ... Aug 13, 2009 ... Today we're going to talk more about cheerleading safety standards and parental involvement with the cheer squad. ... Steve Lombardi InjuryBoard Attorney Member ... Meet your local. Des Moines, Iowa InjuryBoard Firm ...
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Originally posted at InjuryBoard by Steve Lombardi

Lombardi Law Firm Donates Wii to Blank Children’s Hospital Pediatric Therapy Services in Ankeny

Steve Lombardi — Tue, 11 Aug 2009 10:00:00 GMT

Trial Lawyers Across the Country Show “Wii” Care

Local children are now getting the chance to smile while they heal thanks to local trial attorneys. The first three Mondays in August, 53 law firms from 25 states will band together to donate more than 60 Nintendo Wii gaming systems to rehabilitation centers, nursing homes and hospitals all over America. The firms are all members of a consumer safety community called InjuryBoard (www.injuryboard.com). With more than half its membership participating, InjuryBoard hopes the event will inspire attorneys everywhere to give back to their communities.

August 10, 2009 - Steve Lombardi pictured with Nicci Johnson, RN, MS, CNA, Director of Family Services & Pediatric Therapy, Allison Stanley, occupational therapist, himself and Angela Smith, speech therapist from the Blank Children's Hospital Pediatric Thereapy Services center in Ankeny, Iowa.

Locally, the law firm of Lombardi Law Firm is donating a Wii system to Blank Children’s Hospital Pediatric Rehabilitation Center in Ankeny. Steve Lombardi was one of the first member firms to agree to participate in this cause. When contacted by InjuryBoard, Steve said,” When we heard about this program we jumped at the chance. Everyday, children in our area rely on Blank Children’s Hospital and the PediatricRehabilitationCenter to help make them whole after sustaining life changing injuries. If we can help ease their recovery in any way by making physical rehabilitation fun, we know we are making a difference.”

The Wii was selected because of a recent trend in rehabilitation toward a new treatment technique known as “Wiihab”. Wiihab makes use of the gaming system’s unique, live motion play to offer patients a fun and less painful exercise medium. The InjuryBoard firms, all of whom represent victims of serious accidents, hope that their donations will ease the recovery of those in need and will help patients find enjoyment in an otherwise painful and difficult process. InjuryBoard member and local attorney, Steve Lombardi, explains, “Our goal in this time of economic recession is to reach out to facilities like the Pediatric Rehabilitation Center of Blank Children’s Hospital and help them provide the care that budget realities might otherwise prevent.”

InjuryBoard was founded by Tampa, Florida attorney Tom Young. “InjuryBoard is a network of trial attorneys,” states Young, “and too often trial attorneys are saddled with an undeservedly poor reputation.” According to Young, InjuryBoard is committed to revealing to consumers the truth about personal injury attorneys. “Our members are some of the kindest, most genuine people I know. These are folks who shunned big law firms, prestige and easy money in favor of helping their communities," Young says. "I am constantly humbled by the commitment our members have to helping injured people. Our hope with events like this is that we can do some good for injured people, from victims of auto accidents to defective products, by helping them get back on their feet. This Wii giveaway is a natural extension of the work our member firms do every day.”

The giveaway is sponsored by the InjuryBoard Foundation, a non-profit organization which acts as the charitable arm of InjuryBoard.com. The purpose of the InjuryBoard Foundation is to help individuals and communities live safer, happier lives through increased awareness and community outreach. Young says that the incredible success and broad participation in this Wii giveaway has inspired InjuryBoard to organize these events on a regular basis. “We plan on utilizing the foundation to help as many people as we can. This is just the beginning," Young adds. "We’re planning child safety seat drives, bicycle helmet giveaways and anything else we can think of to get people the help they need and make our communities safer.”

Lombardi is so excited about the program that he's expanding it in Iowa asking rehabilitation centers for children and adults along with nursing homes to contact his firm with the names of facilities that would like a Wii but don't have the necessary funding. "We will do whatever we can to assist in expanding this program so that all rehab centers and their patients get a Wii and participate in Wii-hab!"

National Info:
Contact: James Cool, Project Coordinator
Company Name: InjuryBoard (www.injuryboard.com)
Telephone Number: 520-909-8753
Email address: JCool@injuryboard.com
Website address: http://wii.injuryboard.com

Local Info:
Contact: Steve Lombardi
Firm Name: Lombardi Law Firm
Firm Telephone: 515-222-1110, 515-360-7583 (cell)
Email address: sdlombardi@aol.com
Website address: http://www.lombardilaw.com

Originally posted at InjuryBoard by Steve Lombardi

Cheerleading Parents, to Avoid Catastrophic Injury to your Teen, Get Busy Learning the Cupie/Awesome

Steve Lombardi — Fri, 07 Aug 2009 12:00:00 GMT

Today we’re going to talk more about cheerleading safety standards and parental involvement with the cheer squad. With the draconian legislative tort-reform measures put into place, it’s important for every parent to understand the safety standards their cheer coach should follow, when they aren’t and what risks their child is being exposed to. In addition college cheerleaders need the same information to make a choice as to what cheer stunts they should or shouldn’t be performing.

Cupie/Awesome - A stunt in which both feet of the top person are in one hand of a base.

I’ve listed on both the InjuryBoard site today and on the Lombardi Law Firm site the links to the applicable safety standards for high school and college cheerleading squads. These are standards they are supposed to follow. Each level of cheer competition should also be asking the questions about whether their coach has been through the safety course and what team member has also attended a safety course. That’s the standard rule and it’s in place for the protection of cheerleaders against catastrophic injury or death.

2009 – 2010 AACCA High School Safety Rules – at Lombardi Law Firm

2009 – 2010 AACCA College Safety Rules – at Lombardi Law Firm

2009 – 2010 AACCA High School Safety Rules – at the AACCA

2009- - 2010 AACCA College Safety Rules – at the AACCA

Link to Lombardi Law Firm’s links for high school and for college safety rules for 2009 – 2010.

A parent on each team should print out these rules (They are available as a pdf document, just follow the above links.) and hand them out to other parents and cheerleader squad members. Parents should ban together to make sure these rules are adhered to; because if you child is catastrophically injured, and this is especially true in Wisconsin, you’re on your own as far as catastrophic medical insurance along with liability issues.

What I find interesting is the language parents need to learn. Fathers and mothers will be learning what is meant by a base, a cradle, a cupie/awesome, a dive roll, and a flatback, a flip, loading position, middle, pyramids, rewinds, spotter, stunt, top and a toss. The rules are preceded by a definition section, then general program guidelines, then general restrictions, partner stunts and then guidelines for pyramids, tosses tumbling and specifics for indoor hard surface restrictions.

http://www.youtube.com/watch?v=nkzFTEZVEek

InjuryBoard Coverage of Cheer Safety

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Protect yourself and your child, know your rights and how to stay alive and well. Enjoy your weekend.

http://www.youtube.com/watch?v=ySyLJGomHKo

Originally posted at InjuryBoard by Steve Lombardi

Here is what is wrong with Wisconsin's Anti-Cheerleader Tort Reform

Steve Lombardi — Thu, 06 Aug 2009 11:00:00 GMT

If you're a parent of a cheerleader in Wisconsin watch this video and listen to the podcast.

http://www.youtube.com/watch?v=iwt-wQTBnw4&feature=player_embedded

After your baby girl is catastrophically injured, good luck finding a lawyer in Wisconsin who can help you with the school district that turns their back on your quad-kid.

Or the health insurance company that debates every rehabilitative measure while the head of BCBS gets a nice big fat pay check.

Think I'm being discourteous or mean? Get a grip, I'm telling you what you need to hear, not what you want to hear. Cheerleading is the leading cause of catastrophic injury in young women in America; that means it's the most dangerous sport your child can do.

In Wisconsin the bottom line is: No matter who's at fault, if your baby girl brakes her neck it's on the parent's dime.

Listen to the podcast

Follow the safety rules for high school and college cheer safety! Know what you can do to avoid or prevent injury!

The Verdict

Cheerleading Safety and the Law of Cheerleading

Is cheerleading a contact sport?

Cheerleading Safety and the Law of Cheerleading

Cheerleading Safety is an article written by Valerie Ninemire for About.com concerning what coaches and cheerleaders should do to prevent being injured while cheering. Here is what Valerie lists as the reasons cheerleaders get injured and then how to prevent such injuries.

Why Cheerleading Injuries Occur

· Lack of conditioning and not being physically prepared

· Untrained coaches, instructors or advisors

· Poor decision making by instructors or participants

· Risk taking attitudes

· Inadequate supervision

· Inadequate equipment (example: improper shoes)

· Non-cushioned surfaces

· Poor nutrition

· Attempting difficult stunts before being ready

What You Can do to Prevent Injuries

· Adhere to all rules and regulations

· Practice on mats or pads

· Wear well fitting shoes with proper cushion and support

· Have an emergency plan in place and practice it

· Require proper spotting

· Gradually progress to difficult stunts and skills

· Become educated and certified in safety, first aid and CPR

· Require and use the proper techniques

· Learn how to identify eating disorders

· Treat all injuries as soon as they happen

· Increase flexibility

· Strengthen lower back, abdomen and shoulders

· Gradually increase intensity of practice

She lists suggested readings and a list of interesting articles. The book Developing A Successful Cheerleading Program, by Pan Headridge and Nancy Garr looks like interesting reading and is available at Amazon.com as well as Barnes & Noble.com. The book costs $12.54 and if it saves a life or prevents an injury that results in a life of misery, then it is well worth the price. Coaches Choice if the publisher and it’s in paperback. The ISBN is 9781585188994. Headridge also wrote 101 School Spirit Ideas. Cheerleading, by Inside Cheerleading Magazine is another resource for cheerleading programs to design their program around safety.

Coaching Cheerleading Successfully, Linda Rae Chappell is described as the definitive how-to book is sure to meet the needs of the growing number of cheer coaches, sponsors, and parents. Covering both support and competitive cheering, it explains cheer techniques and tactics, as well as how to plan and develop cheerleading programs. Through text and illustrations, you'll learn basic cheerleading skills - hand positions, arm and leg motions, and jumps; how to combine skills to develop the precision and timing required of a top squad; mounts and pyramids, from beginning to advanced; how to develop a coaching foundation and plans for the season; important safety guidelines from the National Federation of State High School Associations; and much, much more.

With states requiring the cost of coaching and school administrative mistakes to be shouldered by the cheerleaders and their parents it’s more important than ever that they have the right insurance and personal safety plan. Cheerleaders need to make decisions about those stunts they will and will not do.

This reminds me of a summer during law school when I worked construction building grain storage facilities. My boss was a great guy and I enjoyed the hard work. His name was Tel Coffey and he was tough but always fair. For months I worked the ground as a carpenter constructing frames for concrete walls and ceiling panels. After all panels were poured the idea was to lift each panel off the ground and set it into place using a crane. Each panel weighed probably more than 1,000 pounds. The day they were to set panels he motioned me to stand on a panel that had been hooked up to the crane. As we rode up to the top of a couple of walls that had been set he motioned for me to get off and to stand on a 6” wide wall panel. I looked at him, and with a smile said, Tel, I’ve not worked this hard in my life to become a lawyer only to get killed or brain damaged. I wasn’t willing to risk my brain or life for a few dollars. I’d worked too hard to get into and through a year of law school and wasn’t willing to risk losing it all. You have to do the same with your personal cheer plan. Decide what you are willing to risk and just say no.

The best thing I can say about the Noffke vs. Bakke decision is that it's not an Iowa decision.

Library for Cheerleading Safety and the Law of Cheerleading:

2009-2010 AACCA High School Safety Rules
Description: Here you'll find the AACCA High School Safety Rules for the 2009 - 2010 school year. Join us for Safety First and save a cheerleader's life.
2009-2010 AACCA College Safety Rules
Description: The AACCA is the American Association of Cheerleading Coaches and Administrators – more than 20,000 cheer coaches. The 2009 - 2010 Cheerleading Safety Rules for Collegs is provided here.
NCSF & NCSSE Partner for a New Era in Cheer Safety
Description: The National Cheer
Safety Foundation (NCSF) panel of experts teams up with the National Council for Spirit Safety and Education (NCSSE) to establish college-level safety courses for cheer coaches around the world. The new alliance brings together two powerhouses in cheer safety setting the stage to revolutionize cheerleading, signaling a dawning of a new era coined “safety first.”

Originally posted at InjuryBoard by Steve Lombardi

A New Era In Safety May Be Dawning for Cheerleaders

Steve Lombardi — Thu, 06 Aug 2009 07:31:00 GMT

Irvine, California – July 29, 2009 - The National Cheer Safety Foundation (NCSF) panel of experts teams up with the National Council for Spirit Safety and Education (NCSSE) to establish college-level safety courses for cheer coaches around the world. The new alliance brings together two powerhouses in cheer safety setting the stage to revolutionize cheerleading, signaling a dawning of a new era coined “safety first.”

http://www.youtube.com/watch?v=aHL-gYSOfvk

Kimberly Archie, director of the NCSF is a tireless advocate for safety and works tirelessly to make the sport safer for those participating. Frederick O. Mueller, Ph.D. probably says it best when he points out the efforts of the NCSF are to apply science to cheering, making it a safer sport. By applied standards they should be able to reduce the number of injuries, disability and deaths from cheer injuries. We can deny it all we want, but like sticking our head in the sand injuries and deaths won’t just go away, without those in charge taking charge.

I for one can attest to Kimberly Archie's dedication. She regularly provides information and press releases for cheer safety. This can be a terrific alliance for the safety to the benefit of all cheerleaders.

For more information visit www.nationalcheersafety.com or contact us at 800-596-7860. To report cheer injuries go to www.cheerinjuryreport.com.

http://www.youtube.com/watch?v=qR9NeHrn8x8

Parents need to know what their child is doing with cheering stunts. Be aware, be knowledgeable and take control.

Originally posted at InjuryBoard by Steve Lombardi

Iowa Mixed-Martial Arts Fighter Paralyzed in Fight – Tort Reform put the bills in your mailbox.

Steve Lombardi — Tue, 16 Jun 2009 14:03:00 GMT

The MMA slogan is “Ready, Connect, Fight” and so they did. Zack Kirk landed a fight for May 23, 2009. He connected, fought for a bit and then fought his way into a broken neck.

The story is pretty simple, at least as far as the fight goes. After landing on his head Zack Kirk broke his neck. The move was a double-leg takedown that resulted in his neck being broken. That was three weeks ago on May 23, 2009. Today it’s reported he is regaining some movement in his arms. Good for you Zach, keep fighting. According to KCCI Mr. Kirk did not carry a health insurance policy. And that’s what I want to focus on in this article. This is a story about the tort reform mentality and what they don’t want you thinking too much about because if you do it will, or should, anger you.

A discussion on Fanhouse on the MMA website indicates neither the fighters nor the MMA have a medical insurance policy protecting its fighters.

“According to local news reports, the 20-year-old Kirk has some use of his arms after doctors replaced his fifth vertebrae with bone from his hip during a recent surgery. Doctors are unsure if he'll ever be able to walk again.

Kirk was 2-0 heading into a matchup at the Mayhem Martial Arts show in Shenandoah, Iowa, but the injury happened in the opening seconds of the bout as Kirk went for a takedown. His opponent tied up Kirk's arm in an attempt to stop it, but instead they crashed to the canvas with Kirk's head taking the brunt of the blow. His body immediately went limp, and the fight was stopped seconds later.

The reports are the doctors took a piece of hip bone and replaced his fifth vertebrae. Let’s hope it works. Let’s pray it works better than it’s ever worked before this operation because there are going to be bills, bills and more bills arriving in someone’s mailbox with no income to deposit into an account and to write a check to cover them.”

Here is the additional MMA spin of the post events, spin that completely ignores the misery this family will surely suffer and who ultimately ends up paying the freight for catastrophically injured fighters.

“As we've seen in the past in the MMA world, the fight community is making an effort to come together and support him. A benefit show is being planned, with information here, while donations for his care can also be sent to the Kirk family directly via Paypal at rkirk77@hotmail.com.

Kirk and his family hold no ill will to the sport, telling KETV, "It's a real safe sport. You've just got to watch what you're doing."

Kirk and his family hold no ill will to the sport? Nice spin for the corporate sponsors. Am I suppose to understand that the family takes full responsibility for his neck being broken? Or that a good tort reformed minded public never holds the corporation responsible when someone who uses their products or services is catastrophically injured? Where have we heard this spin before. And just wait till the money the MMA raises is gone. You want to hear ill will; come on back in a year or two.

Look at the damage control going on here. Instead of looking at the long range consequences of quadriplegia this business entity is spinning the news towards how the fight community is coming together and the family currently holds no ill-will towards the MMA. Anyone buying this spin is either naïve or suffers from a lack of a good education. The long term costs of warehousing a quadriplegic person are in the tens of millions of dollars. The long term suffering with bed sores, catheters being inserted and removed and reinserted along with the dreaded loneliness of visitors slowly drifting away into their own busy lives are what catastrophic injuries are all about. If you wonder why personal injury lawyers fight so hard against tort reform efforts that shift costs to the patients, just go visit Zach in his hospital room or the rehabilitation center Madonna Rehabilitation Center in Lincoln where he’s soon to be moved for extensive therapy. You’ll have plenty of time to visit him because at age 23 his life expectancy is over 53 years. That means for the next 53 years, short of a miracle he’ll be lying in bed with a full staff of rehabilitation personnel working day and night, 24/7/365 trying to manage his misery. But he won’t be alone with misery management. You and I and all our other working taxpayers will be toiling right alongside Zach, because Zach Kirk has no medical insurance. That means you, me and our kids get to pay the freight fro Zach while the MMA improves its profit line. Now that's tort reform in a nutshell.

The promoters make money off of these amateur fighters exposing themselves to brain damage, quadriplegia or paraplegia and neither the MMA nor the fighter carried a catastrophic health or disability insurance policy. Who came up with this business model? As a taxpayer I’m sick and tired of paying for more and more and more. No one is looking at the costs and who is paying. We love to hear about how tort reform is going to save us money on premiums but we never think of the consequences or ask this simple question: If so then who pays? The problem with tort reform is it has nothing to do with reducing the number of injuries and accidents. The effect of tort reform is to affect what happens after the injury takes place; tort reforms simply shift the cost to the injured or in this case the taxpayers.

The problem with tort reform is it has nothing to do with reducing the number of injuries and accidents. The effect of tort reform is to affect what happens after the injury takes place; tort reforms simply shift the cost to the injured or in this case the taxpayers.

No one is looking at the fine print of tort reform and how it changes the address on the hospital's billing envelope to warehouse the catastrophically injured. We taxpayers do that because we are so accustomed to thinking the government will do it. Well, guess what, we are the government. Taxpayers are paying. If you’re tired of paying higher tax bills and your government running a deficit then smarten up and start seeing tort reform for what it is. Its cost shifting to you and me; the working taxpayers.

So who will get to pay for Zack Kirk’s care? You and me, that’s who; we will get the bills through Medicaid and Medicare and Social Security Disability programs for the next 53 years. And that’s what they don’t’ want you thinking too much about and it’s why they have to rile up your emotions against trial lawyers. If you hate, then you don’t think; and if you’re not thinking you won’t put two-and-two together and come up with your wallet getting lighter as your tax bill gets heavier. Tort reform is about the shifting of costs that go along with health care and wage losses. It’s the shifting of costs to the fighter and his family and when they can no longer shoulder the burden it’s you and I who get to pay the freight. Tort reform has nothing to do with reducing the number of injuries only the number of corporate America’s profit.

This is the butt-ugly side of tort reform that the American Tort Reform Association isn’t going to talk about. This is the cost shifting that the U.S. Chamber of Commerce isn’t talking about. It’s the face of tort reform they don’t want you thinking too much about. They keep talking about one cup of hot coffee, one pair of pants, a laptop computer and a pet goose on the public sidewalk outside a store. The issues are much broader than these four cases. The issues are more important than a couple of young eager lawyers learning how to practice law.

Here is the agenda from the ATRA that talks about fairness. But ask yourself; “fairness for whom”, the taxpayers who have to pay for the people who can’t work and walk or the corporations making money off of these young adults exposing themselves to catastrophic injury? The fairness is measured in dollars and cents at the bottom of a profit and loss statement for corporate America. Fairness to tort reformers has nothing to do with how much your tax bill is going to increase. The Chamber gets the bucks and we get the bills. Fair? You be the judge.

ATRA's Agenda: Fair Laws, Fair Judges, Fair Courts
ATRA supports an aggressive civil justice reform agenda that includes:

Health care liability reform

Class action reform

Promotion of jury service

Abolition of the rule of joint and several liability

Abolition of the collateral source rule

Limits on punitive damages

Limits on noneconomic damages

Production liability reform

Appeal bond reform

Sound science in the courtroom

Stopping regulation through litigation

Here is what MMA is all about. Taxpayers, realize it or not this what your tax dollars pay for after they suffer brain or spinal cord damage.

http://www.youtube.com/watch?v=bcbx-AZV6A4

http://www.youtube.com/watch?v=kWS7CJUtOaQ

Originally posted at InjuryBoard by Steve Lombardi

If cheerleading is so safe why have so many cheerleaders died?

Steve Lombardi — Mon, 11 May 2009 14:34:00 GMT

The National Cheer Safety Foundation has released "Rehearsed Catastrophic Injury Emergency Plan For Competitive Cheerleading."

Every cheerleader and their parents should watch the video, be familiar with the message and find out if your team coach and school administrators know how to make your team be prepared.

http://www.youtube.com/watch?v=E3wdWciZeM0

You too can get a free competitive cheerleading emergency plan at

www.nationalcheersafety.com/emergencyplan.pdf

Be safe, not sorry.

IS YOUR TEAM READY?

Conditions considered to be life or death emergencies:

(911 should be called as soon as possible.)

• Unconscious athlete

• Suspected C-spine injury

• Hemorrhage (serious bleeding)

• Heat stroke

• Shock

• Absence of pulse/breathing

• Diabetic shock or coma

Conditions that require immediate medical attention:

• Eye injuries

• Fractures

• Dislocations

• Dental injuries

• Severe sprain

•Concussion

Originally posted at InjuryBoard by Steve Lombardi