2021 Year In Review: Part 2

Welcome back to the 2021 Year In Review. This is Part 2. To recap Part 1…we shared our thoughts on medical malpractice, auto accidents and injuries of various kinds. Part 2 covers July through December and each snippet contains a link and brief description of the article. Enjoy.


Beware Diethylene Glycol (DEG) Contaminates in CPAP Machines – Hopefully, users of Philips Bi-Level Positive Airway Pressure (Bi-Level PAP), Continuous Positive Airway Pressure (CPAP), and mechanical ventilator devices received recall notices on specified machines to address health risks associated with polyester-based polyurethane (PE-PUR) sound abatement foam in these devices. The soundproofing foam can degrade and result in a patient inhaling or ingesting diethylene glycol (DEG).

Hurt When Gas Line is Cut While Digging – While it isn’t every day that someone severs a gas line, serious injury or death may result when a gas line is ruptured while digging. Large gas lines are usually permanently marked and exist in a well-defined right-of-way. Professional excavating companies rarely hit these lines.

Common Sense Driving Tips – Last summer the roads were empty, people were afraid to travel. Accidents were non-existent. Courtrooms were closed and lawsuits were put on hold. In my 30 plus years of being a lawyer I can definitely say it was a weird time indeed. Unfortunately, that weirdness didn’t last long and it seems the roads are now busier than ever with people driving their cars, trucks, and motorcycles everywhere. The problem that arises now is that drivers are not paying attention to their surroundings as they should, resulting in an increase in accidents.


Hit By A Rental Car Driven By A Foreigner – Typically if you’ve been involved in an automobile accident there’s a series of steps you would take after the crash, and procedures you would adhere to, in order to facilitate an exchange of information. The information that is exchanged might include insurance, names of parties involved, vehicle damage and police reports if available. But what if one party is driving a rental car, what then? Well the procedure and the information exchanged is the same as if both vehicles were owned by their respective drivers.

Duty Owed to Injured Contractor Employee – We had a caller recent call and ask “my son was delivering concrete blocks to a construction site, and was near an excavating machine, when a hydraulic line got caught on a metal rod and burst causing the excavating machine to spill a load of bricks on my son’s leg, causing a compound fracture, he’ll be off work for 6 months, what are his options?”

Moving Sidewalks Malfunction Causing Injuries – One of the nation’s largest home improvement supply stores is suing the company that installed its moving walkways. The lawsuit was filed against ThyssenKrupp Elevator Corp. The reason? Customers were injured when they fell when a moving sidewalk at a store malfunctioned.

Tesla’s Autopilot Causing Accidents and Injuries – It seems Tesla is back in the news again. And it’s not good news. Apparently the electric car manufacturer is under investigation as their cars are being reported responsible for causing accidents into emergency first-responder vehicles.

Crash Caused by Vegetation Blocking View of Roadway – Last week a caller said “I was driving down a country road in late summer and was involved in a motor vehicle crash, where the other party ran a stop sign, but the other driver says it is not his fault because vegetation was growing into the roadway and covering a stop sign, what is the responsibility of a property owner who lets vegetation grow to cover a sign or block the roadway?”


Tesla’s Battery Causing Devastating Injuries – Oh boy, Tesla again…they just can’t seem to stay out of the news. A few blog posts back we shared news about Tesla’s Autopilot causing injuries…now it’s their batteries. You would think consumers would be afraid to purchase these vehicles, unfortunately injury and death doesn’t seem to stop people from owning a Tesla.

Fast Food Leads to Death – No this isn’t another health food scare article, although you might want to cut back on the drive thru ordering after reading this. Just recently a McDonald’s customer was killed in what police labeled a “freak accident”. And it happened while the customer was at the drive-thru window of a Vancouver McDonalds. Police stated the man opened his door to get something he dropped from his window while paying the restaurant employee. As he opened the door and leaned out, the car rolled forward, the door hit part of the restaurant and the man was pinned between the car door and the window frame. The customer died on scene.

Can You Sue a Good Samaritan For Causing Injury? – Not long ago, someone called and said “my cousin was seriously injured when a car swerved into her lane of travel in order to avoid a car that had stopped in the middle of the road to provide emergency medical care to a man lying on the edge of the roadway, and to make matters worse the car that crossed the centerline had no insurance, is there any way to help my cousin?”


Is Reconstructing An Auto Accident Necessary? – In most auto accident scenarios there is always a degree of certainty of who or what caused the fault. And perhaps, a police report was generated that explained the accident in detail and the state of well-being of the individuals involved in the mishap. But what happens when there is no clear cut evidence of how the accident occurred? Or the story of how the accident transpired sounds odd or not truthful or lacks any meaningful facts that supported the case, what then?

Tanker Truck Explosions and Fires – Several years ago, we represented a fellow who was injured when an oil tanker exploded while the tanker was being filled at a lubricant depot. Think of this depot as a huge filling station for the tanker trucks that bring gasoline and diesel fuel to local gas stations.

Recall on CPAP Machines Leads to Shortage – Recently we have had calls from people who stopped using a CPAP machine due to a recall notice that said using the machine could make them sick or give them cancer. They are, of course, referring to the recall by Philips on various models of Continuous Positive Airway Pressure (CPAP) machines and mechanical ventilator devices. The recall addressed health risks associated with polyester-based polyurethane (PE-PUR) sound abatement foam in these devices. The soundproofing foam can degrade and result in a patient inhaling or ingesting diethylene glycol (DEG).

Personal Injury Primer: Volume 2 – Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. This book (Vol 2) is a compilation of the next 52 episodes of our popular podcast, and is assembled to make it easier for you, the reader, to access the information you need when and if you or a loved one is injured. What started out as a few podcast episodes two years ago, has morphed into a resource that colleagues and clients can use. The content is varied and organized for quick access. Our primary goal is to educate the reader into learning more about personal injury law, how they can protect their rights and what to do if they find themselves the victim of negligence.


Failing to Pay Life Insurance While Disabled – Life insurance policies are designed to protect the people we leave behind. When we buy life insurance, we realize that premiums have to be paid, but what happens if we become incapacitated and the premiums do not get paid? How do the survivors know what to do to make a benefit claim when we do die?

Proving Traumatic Brain Injury – Finding ways to present complex evidence to a jury in a way that is straight forward and understandable is key to successfully trying a TBI case. In brain injury cases the medicine involved addresses an injury category that is not readily visible as is a fractured arm or leg. Direct trauma to the head is readily demonstrable. But, permanent brain injury is not limited only to situations involving blunt head trauma.

What Constitutes Negligent Driving? – If you’ve been involved in an automobile accident you might have been asked if the driver who hit you was negligent. Or perhaps you were accused of negligent driving. Either way, you’re really not sure what negligent means. And, maybe you’re wondering how the term “negligent driving” will affect your case.

Lawyers Near Me is Not a Good Search Term – As a personal injury law firm we spend a considerable amount of time educating current and potential clients on courtroom procedures, what to do when injured due to negligence and how to fight insurance companies when they refuse to pay an auto accident claim. In fact over the years we have created hundreds of blog articles, over 100 episodes of our Personal Injury Primer podcast and have published 3 amazing books. We work tirelessly to serve each client aggressively and with empathy, to communicate regularly and clearly, and to obtain prompt and favorable results, while adhering to the highest standards of excellence and integrity.

Cost of Hiring a Personal Injury Attorney – When you’ve been injured in a car crash, motorcycle accident, slip and fall, or due to a product defect, or other negligence situation, medical bills can mount up. Paying these bills can be a huge problem especially if you are not able to work due to your injury. Hiring a personal injury attorney may be the only way to recover the compensation you deserve. But how do you pay for an attorney?


Injured Due to Lack of Smoke Alarm or Extinguisher? – Many times, we have assisted families who have suffered injuries or loss of a loved one in an apartment or home fire. The lack of a functioning smoke alarm or even a lack of a functioning fire extinguisher can be important. When landlords fail to maintain a safe environment for apartment residents in the event of a fire (even where the landlord is not at fault for the fire) the lack of a smoke alarm or extinguisher may be instrumental in causing injury.

Driving While Video Gaming – As if distracted driving couldn’t get any worse, Tesla has added a new element to it…video gaming. The electric car manufacturer is in the news yet again, this time allowing drivers to actually play video games while the car is in motion. In 2019, Tesla added arcade-style video gaming to their vehicles on board infotainment centers which could only be played while the cars were parked. But an over-the-air update deployed in late summer of 2021 made certain games accessible while driving.

Tips To Keep You Safe on the Roads During the Holidays – Off to Grandma’s house you go. The car was packed to the hilt with gifts, candies, and delicious pies. And somehow you even managed to fit the kids in their seats. Unfortunately, like most travelers over the holidays you packed your car so tight the rear view mirror is blocked and clearly seeing out any side windows proves difficult at best. But you feel it’s okay because it’s the holidays and it’s a joyous time. That assumption would be wrong. And dangerous.

To read Part 1 of 2021 Year In Review covering months January through June <click here>.

The Law Offices of David W. Holub is a personal injury law firm located in Merrillville, Indiana, focused on providing efficient and effective client-centered representation. Our mission is to provide top quality legal representation, which includes an uncompromising pursuit of our client’s legal interests, while being accessible and attentive to our clients during times of personal challenge.

The firm concentrates in personal injury cases of all types, medical malpractice, and wrongful death litigation. We work tirelessly to serve each client aggressively and with empathy, to communicate regularly and clearly, and to obtain prompt and favorable results, while adhering to the highest standards of excellence and integrity. Our team considers it a high honor to be called upon to serve our clients whom we often come to regard as our friends. Call our number (219)736-9700 for assistance today.

*If you would like to learn more about personal injury law, we encourage you to listen to our Personal Injury Primer Podcast where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. And read “Fighting For Truth: A Trial Lawyer’s Insight Into What It Takes To Win” an entertaining and enlightening book pulling readers into the courtroom giving them a glimpse of the legal process and what it takes to win at trial.

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