According to the Louisiana Highway Safety Commission, motorcycle crash-related deaths surged 28% in the last two years while fatal crashes nationwide have decreased by 10%. Louisiana jumped from 81 fatal motorcycle crashes in 2008 to 104 in 2009. Nationwide, motorcycle fatalities dropped from 5,290 to 4,762 last year. While the national decrease seems encouraging, suggested reasons for the decline are factors that may not be permanent: less motorcycle travel due to the overall down national economy, fewer beginning motorcyclists, increased state attention to motorcycle safety programs, and poor cycling weather in large areas of the country.

Clearly the economy played a large role in the decline of motorcycle deaths in 2009. A study by the National Governors Conference cautions against putting too much stock in the national decrease as there is much more work that needs to be done to improve motorcycle safety.

The State of Louisiana suspended its motorcycle-safety program, the Motorcycle Safety Awareness and Operator Training Course, for the last six months of 2009 for budgetary reasons. An estimated 2,000 people per year took the course offered by the Department of Education. Louisiana law does not require any special motorcycle endorsement for a driver’s license. Louisiana traditionally ranks higher in the number of alcohol-related motorcycle crash deaths compared to the rest of the country. With only a helmet and leather to protect them from injury, motorcyclists are generally considered more vulnerable in crash studies.

The FDA announced it would toughen its approval process for any new radiotherapy medical devices in an effort to reduce patient radiation overdoses. The agency previously allowed a streamlined approval process in which the medical equipment was approved by outside, third party reviewers. That will no longer be allowed and the FDA itself will aggressively review the devices to mitigate overdosing by requiring additional safeguards.

There have been over 1,000 reports of radiation overdose errors in the past 10 years. Most of the reported problems involve computer-controlled machines that generate high-powered beams of radiation to target cancer cells. Problems with the computer software led to most of the errors. Faulty design and use errors have also led to overdosing.

This FDA action comes after a series of New York Times articles which highlighted the crippling effects of radiation overdoses and accusations by some in the medical community that new medical devices were not being aggressively reviewed before being allowed on the market. The articles pointed out the apparent inability of regulators and the medical community to keep pace with the rapid technological advances in the medical device industry.

Reaction to the FDA action was generally favorable although Dr. Howard Amols of Memorial Sloan-Kettering Cancer Center in New York said the FDA did not address the serious, systemic problems of inadequate staffing, personnel competency and hospital quality assurance programs.

Consumer Reports issued a rare “Don’t Buy: Safety Risk” warning for the 2010 Lexus GX460 after the magazine’s routine handling tests indicated a problem that could cause the SUV to roll over in expected driving situations. CR’s test engineer said the rear of the vehicle slid until was nearly sideways before the electronic stability control system kicked in during unusual, sharp turns. As a result, Toyota announced that it was temporarily halting sales of the 2010 Lexus GX460 while the Japanese automaker conducted its own tests.

The good news is that the relatively quick response reflects Toyota’s promise to respond faster to safety concerns after being accused by federal investigators of dragging its feet on recalls to address faulty gas pedals. Toyota was fined a record $16.4 million by the U.S. Transportation Department as a result. The bad news is that yet another Toyota model is now suspected of having serious safety issues and adds to the blow its reputation has already taken. Lexus will provide a loaner car for any customer who purchased a 2010 GX460 and is concerned about the safety of driving the vehicle. Customers can call 800-255-3987 for more information.

Toyota has a long way to go to regain consumer confidence after the recent recall of millions of its vehicles after reports of numerous accidents, injuries and deaths involving faulty accelerators. Toyota’s CEO admitted the company had lost focus on safety during its unprecedented growth. Profit should never come at the expense of innocent victims relying on the safety of the products they purchase.

The Transocean oil rig, DEEPWATER HORIZON, leased by BP sank diminishing hopes that 11 missing crewmembers will be found. 42 miles off of the Louisiana coast, rescue teams are scouring the wreckage site with no signs of the workers. The missing crewmembers were on the rig floor at the time of the blast according to reports.

The night of the blast a pressure buildup alarm sounded followed by a second alarm to abandon the rig according to a worker preparing to start his shift. Louisiana and her oilfield workers are realizing the harsh risk they take in supplying America with oil. Death and destruction of families. I have represented families who lost a husband and father from offshore explosion, and can only imagine how difficult this must be for the families.

Our prayers are with the families of those killed and injured with hopes of a speedy recovery and closure of one of the worst offshore drilling disasters in U.S. history.

A Transocean, Ltd. Deepwater Horizon oil rig exploded sending a fireball into the night Tuesday injuring 17 workers, four critically, who were airlifted to hospitals for treatment of burns, broken bones and smoke inhalation. As of Wednesday morning, 11 workers were still missing adding to the anguish of worried relatives. The missing have not been identified pending notification to their families.

The rig is located 50 miles off the Louisiana coast in the Gulf of Mexico. The suspected blowout could end up being the deadliest offshore drilling accident in the past fifty years. Nearly 100 of the Horizon workers made it aboard a supply vessel which brought them to shore. Hopefully the 11 missing workers escaped in lifeboats. Coast Guard search boats and aircraft continue to try to locate them. The explosion gave no time for workers to evacuate. Prior to the explosion, crews were doing routine work with no apparent signs of trouble according to company officials.

The rig is tilting as much as 10 degrees following the blast as fireboat crews work to contain the ongoing flames which caused a huge plume of black smoke to rise hundreds of feet into the air. Authorities are unable to say when the fire can be extinguished so investigative teams can determine what actually went wrong and assess damage to the environment.

Working in the offshore oil industry is dangerous. Since 2001 there have been 858 fires and explosions in the Gulf causing 69 deaths and 1,300 injuries. Many modern rigs use various preventative measures against blowouts including use of gas detector alarms, weighing down natural gas to prevent it from rising up into the well, and anti-sparking machinery.
The focus, as it should be, is currently on locating the missing and treating the injured. Godspeed to the victims and the rescuers alike.

An explosion was reported to the U.S. Coast Guard around 10 pm last night concerning a drilling rig owned by Transocean. The semi-submersible rig was located approximately 50 miles southeast of Venice, Louisiana and was working for BP Exploration and Production on the Macondo prospect in the Gulf of Mexico. It was reported that all 126 workers had evacuated from the rig, however there are still 9 to 15 people feared missing as they have not been accounted for. At least seven people have been reported to be injured, with several being critically hurt. Fortunately, at this time there have been no reports of any deaths. A BP spokesperson said that all BP on-board personnel have been accounted for.

The cause of the fire has not been determined but an investigation will be carried out according to the Coast Guard . The Coast Guard advised that four helicopters, four boats and a plane were helping in the search. This tragic accident reminds us of the dangers that offshore workers face every day as they work providing us with energy-producing oil and gas.

We pray for the workers and their families, especially for those who have been injured, and we pray that the missing workers are safe and soon located.

Starting Wednesday April 21, 2010 the public will be able to purchase accident reports prepared by the State Police through their website. You simply need to log on to their website and click on the Crash Report Req link on their homepage’s menu bar and this in turn will take you to the . This will take you to their Statewide Crash Report website where you will need to input the name of the driver or pedestrian, parish where the accident occurred and the date of the accident. The costs of the accident report will be $8.50 and you can purchase it with a credit card and then you will be able to print a PDF copy of the report.

This is a welcomed change to the way we have previously requested State Police accident reports where we would have to mail a check along with a request to the State Police headquarters in Baton Rouge or to one of the local troop locations in the parish where the accident occurred. Often times there is confusion among what agency wrote the report and you would have to send requests and checks to the various agencies such as City Police, Sheriff, ect. Now, with the new system in place one can preview the report to ensure it is the correct report.

This is another example of computers working to make us more efficient and our State government willing and able to take the necessary steps to make it happen.

My wife and I took my grandmother into our home after she was placed in a nursing home due to the fact that she was suffering from the beginning stages of dementia and could no longer safely function on her own. However, my 90 year-old grandmother, who had lived all her life in the home she grew up in, had plans of her own for her future, and they did not include a nursing home. When my wife visited with grandma, grandma shared her distress at living in an institutional setting, with the end result being that she joined our sometimes chaotic household that included two busy, working parents, three very active boys, a dog, and a cat. Little did we know what a blessing it would be for our family to have this woman living with us for the final two years of her life.

During the day, we wondered what we could do to keep her busy and also to keep her safe. We found out about The Friendship House in Alexandria, Louisiana. This is an adult daycare center for the elderly. The Friendship House truly made it possible for grandma to live with us, yet have appropriate care while we were working. We would drop her off after the smallest child had been delivered to daycare, and then we would pick her up as soon as we collected the last child in the afternoon. The Friendship House had activities designed for people like her. She could paint, bowl, sing, watch TV, knit, and they even had a walking track. She really enjoyed the time she spent with her contemporaries during the day, and she looked forward to going home with her family in the afternoons.

She was very active and spritely for a 90 year-old. We took her on vacations and camping; we took her shopping and to the beauty shop; we took her to the lake and to church. She always dressed up and everyone loved talking with her. She was interested in everyone.

Besides giving the children a chance to know their great grandmother, having her in our home taught our children so many things. We had three generations living under one roof at the same time, and it gave our children a chance to see and hear about a different kind of life. This woman who was born at the beginning of the century was a history lesson in the flesh. She entertained them with stories of her early life, explaining how people lived and worked and played in a different era. And while we as working parents were sometimes too busy to hear about the kids’ daily adventures, grandma was always an available and willing listener.

But she also taught them something else, something more intrinsic and important. She taught them gentleness and complete acceptance. She taught them the joy of having someone’s complete attention. And by loving them so wholeheartedly and unselfishly, she taught them how to willingly, even eagerly, make sacrifices to accommodate her frailties. And finally, her passing taught them about letting go and looking forward to a heavenly reunion. Having her in our home blessed us far more than it did her.

Sometimes there is an alternative to nursing home care, and I encourage anyone to look into it as the reward can substantially outweigh any inconvenience to the household.

Neblett, Beard & Arsenault’s founding partner, Attorney Richard J. Arsenault, was invited to New York University School of Law last week to celebrate the dedication of the 67th Volume of the Annual Survey of American Law.

Founded in 1942, the Annual Survey is a student-edited journal that serves as comprehensive annual reference to developments in American law. Each volume is dedicated to an individual who has made an outstanding contribution to American law. This year’s dedicatee is Professor Arthur R. Miller, a personal friend of Richard’s and a leading scholar in the field of American civil procedure.

At the event, Professor Miller was honored his colleagues and friends, including Justice Ruth Bader Ginsburg of the Supreme Court of the United States, New York University President John Sexton, Judge Robert Sack of the United States Court of Appeals for the Second Circuit, television journalist Charles Gibson, Brad Friedman, Esq. of Milberg LLP; Henry Gutman, Esq. of Simpson Thacher & Bartlett LLP; Professor David Shapiro of the Harvard Law School; Professor Linda Silberman of the NYU School of Law and author Jeffrey Toobin.

Richard Arsenault was invited to and attended the dedication as well as private receptions to honor Professor Miller following the event.

Miller is considered to be one of the nation’s most distinguished legal scholars in the areas of civil litigation, copyright, unfair competition and privacy. He is the author of more than 40 books, among them a casebook on civil procedure used at virtually every U.S. law school and the multi-volume treatise Federal Practice and Procedure, widely regarded as the foremost authority on its subject. At the same time, he has long played a highly visible role explaining and interpreting law for the general public. He served, for example, as legal editor of Good Morning America, on ABC TV for more than twenty years; host of his own show, Millers Law, on Court TV; and a moderator on numerous shows for public television. Miller has received two Emmy awards and several ABA Gavel awards for promoting public understanding of the law. He has served all three branches of the federal government on a variety of public interest matters. In 2007, after 35 years at the Harvard Law School, Professor Miller joined the faculty of NYU Law as a University Professor, a distinguished position reserved for those whose work encompasses multiple disciplines. Along with his academic duties, Professor Miller serves as Special Counsel to the class-action law firm Milberg LLP, and heads the firm’s appellate practice.

Professor Miller’s influence also extends to the art world. For years, he admired and collected the works one of the greatest Japanese woodblock print artists, Utagawa Kuniyoshi. He gave the complete collection of over 1,800 prints to the British Museum, and they were first exhibited at the Royal Academy in London last spring; they are now on display at the Japan Society in New York City.

United States District Court for the District of Arizona, Judge Frederick J. Martone has appointed Attorney Richard J. Arsenault to serve on the Personal Injury Plaintiffs’ Steering Committee for the national Zicam multi-district litigation.

With this appointment, Arsenault will now serve in an important role in the litigation against the makers of the over-the-counter cold remedy, Zicam.

The Plaintiffs’ Steering Committee often referred to as the “PSC” will conduct and coordinate the discovery in the Zicam litigation and will act on behalf of all plaintiffs during the pretrial proceedings.

A veteran of class action and complex litigation, Richard J. Arsenault and his partners actively represent victims who have lost their sense of smell after having used Zicam.