Prom Season Focuses on Preventing Drunk Driving in Oklahoma
It is a statistic that does not surprise Oklahoma City car accident lawyers: more than one third of all alcohol-related fatal accidents involving teenagers occur in April, May, and June. With auto accidents being the leading cause of death among teenagers, accounting for one out of every three teen deaths, it is clear that spring is a particularly dangerous time for teen drivers.
Why the spike in springtime accidents? In large part, the increased number of alcohol-related accidents involving teens is attributed to prom and graduation. Widely considered important rites of passage, prom and graduation parties have also, unfortunately, become associated with excessive underage drinking. Certainly not every alcohol related crash occurs during prom or graduation parties, but the connection these events have to binge drinking makes prom and graduation season an important time to increase awareness of the hazards of drinking and driving.
Many schools and organizations attempt to reduce the number of springtime alcohol fatalities by ramping up educational efforts and providing alcohol-free alternatives to after-prom celebrations. Drive by many Oklahoma high schools, and you will see a crashed car parked on the school lawn to warn students of the dangers of intoxicated driving. Other schools stage mock DUI accidents, in which students pose as accident victims and police, fire crews, ambulance, life flight helicopters, and even the medical examiner report to the scene. Most Oklahoma high schools now host after-prom parties, often a lock-in at a local amusement park or other venue designed to keep kids safe, sober, and off the roads. Organizations such as Mothers Against Drunk Driving (MADD) and Students Against Destructive Decisions (SADD) sponsor assemblies and programs designed to graphically warn teen drivers against the hazards of drinking and driving.
Many parents remain blissfully unaware of what their children are doing. In fact, the Century Council, a national non-profit organization dedicated to fighting intoxicated driving and funded by the nation's leading distillers, reports that more than half of those surveyed between the ages of 13 and 20 report that they regularly consume alcohol. Even if your child does not drink, or does not drink and drive, he or she is not immune to the dangers of drunk driving. Oklahoma City auto accident attorneys frequently represent crash victims that were struck by an intoxicated driver.
Some tips for helping your teen have a safe prom night include:
- Find out who will be driving.
- If a teen is driving himself or herself, limit the number of passengers allowed and require that all passengers wear a seat belt. Get the names and contact information for the parents of each passenger.
- Get a complete itinerary of your teen's evening, including the addresses and contact information for any after parties. Know where your teen plans to be and when they plan to be there.
- Make sure your teen knows where to contact you the entire evening, and consider arranging specific check-in times.
- Discuss risky situations beforehand so your teen has a plan for handling them. Talk about pressure to have sex, being offered drugs or alcohol, and being offered a ride by an intoxicated driver.
- Find out who will be hosting, chaperoning, and supervising any after-prom parties.
- Program the number of reputable taxi companies into your teen's phone and provide enough money to cover the fare, if necessary.
- Wait up for your teen, and make sure he or she knows you will be waiting for his or her safe return.
Unfortunately, despite the best efforts and highest vigilance of parents and responsible teens, accidents can still happen. If you or a loved one is involved in an alcohol related accident, you may be able to obtain financial compensation from those responsible for your suffering or loss. Drunk drivers, establishments that over-serve intoxicated patrons, and adults who provide alcohol to minors may all be held liable for their role in your accident. Call an Oklahoma City automobile accident lawyer with Phillips & Bailey for more information.
Oklahoma City Counselor Accused of Medicaid Fraud
Amental health counselor on probation for a 2010 Oklahoma City Medicaid fraud conviction was indicted by a multicounty grand jury last week after she was accused of continuing to defraud Medicaid. Vickie Rhea Yearwood, 53, is accused of submitting false claims to the Oklahoma Health Care Authority in the last three months of 2011. Grand jurors say that Yearwood billed $34,000 for counseling sessions with fifteen children, but that the sessions never occurred. They allege that she faked progress reports for the children to support her fraudulent claims.
While the alleged fraud occurred, the counselor was already serving five years probation for a previous Medicaid fraud conviction. In 2010, she pleaded guilty to a felony charge of Medicaid fraud, and was sentenced to probation plus nearly $8,000 in restitution. According to her Oklahoma City fraud lawyer, Yearwood has already promised to pay $34,000 in restitution for the current case.
Medicare fraud and Medicaid fraud are federal white collar crimes. Such health care fraud occurs most frequently when medical caregivers file fraudulent claims for services not rendered or medical equipment not provided. Examples include:
- Billing for tests not performed
- Performing unnecessary procedures
- Charging for equipment or supplies that were never ordered
- Billing for new equipment but providing the patient with used equipment
- Billing for high-end equipment but providing the patient with a cheaper alternative
- Code jamming, or inserting false diagnosis codes
- Unbundling services, using multiple codes for services typically billed under an inclusive code
- Up-coding, or using a diagnosis code that indicates the patient experienced complications or needed more extensive medical care
- Patient billing, in which a patient provides his or her Medicare or Medicaid number in return for kickbacks
The Office of Inspector General for the U.S. Department of Health and Human Services is charged with oversight of the Department of Health and Human Services (HHS), which includes Medicare and Medicaid. When fraud is suspected, the investigation is often launched by the Office of Inspector General (OIG) in conjunction with the Federal Bureau of Investigation (FBI). Penalties for Medicare fraud and Medicare fraud can be steep and may include prison, restitution, and a ban from participating in HHS programs.
If you are being investigated for health care fraud, it is important that you contact an experienced Oklahoma City white collar crimes lawyer as soon as possible. Your attorney can help protect your rights during the investigation and can help you take a proactive approach to your defense.
Medical Malpractice and Birth Injuries in Oklahoma
For most people, the birth of a child is a joyful event; for those whose newborns have suffered a birth injury, however, the occasion is often complicated by anxiety over how to care for a seriously injured or disabled child. Each year, approximately 7 out of every 1,000 babies born in the United States suffer a birth injury occurring prior to or during delivery. Many of these injuries are preventable birth injuries caused by medical negligence or malpractice. If your family is suffering as a result of an injury inflicted by negligent prenatal care or medical malpractice during delivery, an Oklahoma City birth injury lawyer may be able to help your family get the compensation you deserve for your baby's medical expenses and quality of life.
Birth injury can occur to the mother, the child, or both, but most frequently, birth injury litigation involves an injury to the newborn that often results in permanent disability. Sometimes, the birth injury is the result of a pre-existing medical condition, but in other cases, it is the result of improper medical care or medical malpractice. Because not every birth injury is the result of medical negligence, it is important to consult an Oklahoma City birth injury attorney to see if you have a potential claim against your medical caregiver.
Conditions commonly involved in birth injury litigation include:
- Cerebral Palsy caused by lack of oxygen to the baby's brain during labor and delivery or by improper use of delivery instruments such as forceps or vacuum
- Erb's Palsy or Brachial Plexus Palsy resulting from improper delivery methods
- Birth defects resulting from medication error
- Traumatic Brain Injury (TBI)
- Skull fracture
- Bleeding of the brain
- Nerve damage
- Stillbirth
Having a child with permanent disabilities can be emotionally overwhelming as parents attempt to find the best care and the highest quality of life for their child. However, the financial cost can be devastating as families are faced with medical bills, the high cost of assistive technologies and therapies, and educational interventions. If the birth injury was caused by the medical negligence of an obstetrician, surgeon, midwife, nurse, anesthesiologist, or other person involved in the prenatal care or labor and delivery, compensation may be available through medical malpractice litigation.
Virtually all parents want the best for their children. When those hopes and dreams suffer because of the negligence of medical caregivers charged with the health of the mother and child, a birth injury lawyer in Oklahoma City can help. By enforcing the financial accountability of those whose negligence caused your child's injury, you can give your child the best possible care and quality of life.
Trial Ordered for Oklahoma Highway Patrol Trooper Accused of Rape
A former Oklahoma Highway Patrol trooper will go to trial after a judge ruled that there is enough evidence to try him on second degree rape charges. Patrick Venable, 28, was accused of rape after having sex on duty with a woman he had pulled over in a traffic stop. Venable has since resigned from the Highway Patrol.
The incident in question occurred last summer, when Venable made a traffic stop for suspicion of DUI. According to the probable cause affidavit, Venable pulled the alleged victim over on the Broadway Extension in Oklahoma City at approximately 4:30 a.m. on June 20, 2011. The affidavit says that the woman got into Venable's patrol vehicle, and he turned off the vehicle's camera. Allegedly, Venable told the woman she was pretty and she complimented in kind, leading to sexual contact in the vehicle.
The woman, who testified that she had been drinking at both a family gathering and at a bar in Moore prior to the traffic stop, says that she and Venable then went to her home in Guthrie.
Venable says that the sexual encounter was completely consensual. However, at issue is whether the woman was considered to be in custody at the time of the incident. The former trooper's Oklahoma City rape defense lawyer asserts that the woman was not in custody and that the encounter took place between two consenting adults. However, the judge at the preliminary hearing disagreed and said the woman was in Venable's custody, and therefore a trial on second degree rape charges was warranted. The Oklahoma sex crime attorney says that he will renew the motion to dismiss the case in district court.
Statutory rape in Oklahoma is generally charged as second degree rape. According to the Oklahoma Statutes, certain people are legally unable to consent to sex, and the act of second degree rape is defined as sexual intercourse with someone who:
- is under the age of 16
- was given an intoxicating substance by the defendant as a means to force submission
- is unconscious and the defendant knows this fact
- was tricked into believing that he or she was having sex with his or her own spouse
- is under legal custody of a state agency and has sex with a state employee or the employee of a state contractor
The fifth element of the definition of second degree rape is what makes the designation of custody so critical in this case. Though the case has been ordered to trial, it can still be dismissed if the district court judge agrees with Venable's Oklahoma City rape attorney that the woman was not, in fact, in Venable's legal custody at the time of the incident. Otherwise, that critical point may be up to a jury to decide.
AAA Study Reveals Teen Distracted Driving Statistics
Oklahoma City car accident attorneys have long known that the leading cause of auto accidents is distracted driving. Now, a study sponsored by the AAA Foundation for Traffic Safety reveals some specific statistics about teen drivers and distracted driving.
The study, entitled Distracted Driving Among Newly Licensed Teen Drivers, was conducted by the UNC Highway Safety Research Office. Researchers placed a video camera into the cars of 50 families with newly licensed teen drivers and analyzed nearly 8,000 clips from those teen drivers' first six months of unsupervised driving.
According to the study, the most common distractions for teen drivers included:
- Using cell phones
- Texting
- Reaching for things
- Grooming
Those particular results are not surprising to Oklahoma City auto accident lawyers, as they are the top sources of distraction among all drivers, not just teens. However, the study revealed some other statistics that may be used to educate young drivers and their parents, helping to develop safety measures that can minimize the risk of an accident caused by distracted driving.
The study reveals that electronic use is the leading source of distraction among teen drivers, demonstrated in seven percent of all video clips analyzed. Teen girls were twice as likely to use electronics while driving as teen boys. According to the study, electronic use while driving increases as teen drivers get older; presumably, as they get more comfortable behind the wheel, they feel more comfortable multi-tasking, engaging in all distractions at a higher rate than younger drivers.
Female teen drivers were ten percent more likely than male teen drivers to engage in distracted driving, being fifty percent more likely to reach for something and twenty five percent more likely to eat or drink while driving. Teen boys, however, were more likely to turn around in their seats or to communicate with people outside the vehicle. Overall, distracted driving was evidenced in fifteen percent of the analyzed clips.
Perhaps the most telling statistic involves teen driving behavior in the presence of passengers. When a parent or adult passenger was in the car, distracted driving decreased. Having multiple teen passengers resulted in much greater incidents of loud conversation or horseplay than having only one teen passenger.
Drivers were three times more likely to take their eyes off the road when using an electronic device, as compared to two and a half times more likely to look away during other distractions. When using an electronic device, the drivers' eyes were off the road for a full second longer than in other types of distraction. During that one second, a car travelling at 65 miles per hour will cover the length of a basketball court, demonstrating the need for drivers to keep their eyes on the road at all times.
The AAA Foundation for Traffic Safety hopes that the Distracted Driving Among Newly Licensed Teen Drivers study will lead to safety measures and risk management that can lessen the number of serious car accidents--currently the leading cause of death among teenagers.
If you have been injured in an accident caused by a distracted driver, compensation for your injuries may be available. To find an car accident lawyer in Oklahoma City, contact the law offices of Phillips & Bailey.
False and Bogus Checks
Today in Oklahoma County Court, the defense lawyers at Phillips & Bailey were successful had a case of False and Bogus Checks dismissed.
Former Teacher Facing 11 Felony Sex Charges in Oklahoma
Yet another Oklahoma teacher has been charged with sex crimes against his students. While Oklahoma sex crime defense attorneys understand that allegations of sex offenses cross all demographics, when a teacher is accused, it is almost guaranteed to make the headlines. While teachers are no more likely than any other professional to commit a sex crime, anyone who works with minors as a profession may be at increased risk of accusation. Furthermore, because teachers are placed in a position of trust, any alleged violation of that trust is sure to garner media attention and public scrutiny.
Last Thursday, former Atoka High School biology teacher and assistant football coach Casey Hauff, 32, was charged in Atoka County District Court with eleven felony counts related to alleged sex crimes against five female students. Hauff, who resigned during the investigation, was charged with two counts of second degree rape, four counts of solicitation of a minor, two counts of sexual battery, forcible sodomy, showing obscene materials to a minor, and lewd or indecent proposals to a minor under 16.
According to a probable cause affidavit, Hauff asked the girls to text him nude or semi-nude pictures of themselves in exchange for better grades, and allegedly sent nude photos of himself in return. He allegedly began using the cell phone of a student intern to collect images of the girls after his wife began checking his cell phone.
Allegedly, the sex offenses took place in Hauff's classroom, and one alleged victim says that the teacher had her hide in a closet when someone came to the classroom.
Oklahoma sex crime lawyers stress that, although the age of consent in Oklahoma is 16, state law prohibits sex between a student and a teacher, administrator, or employee of the same district. Hauff allegedly told one of the girls that "he usually waited until the girls graduated," but that he would "make an exception" for her. If he had waited until the girls graduated, his actions would not have been felonious, and he would not be facing decades behind bars and lifetime sex offender registration.
If you or someone you love has been charged with a sex offense, it is critical to obtain representation as soon as possible. During an investigation into sex crimes and following any accusation or criminal charges, the rights of the accused are frequently trampled. A skillful attorney can help protect your rights while building a solid defense. To find a sex crime defense lawyer in Oklahoma City, call the law offices of Phillips & Bailey.
ATV Accidents and Safety Risks
Several consumer products have become so notorious as safety risks that they practically scream litigation. Among these dangerous and defective product cases that come across the desks of Oklahoma City personal injury lawyers are drop side cribs, swimming pools, trampolines, baby slings, and ATVs.
All Terrain Vehicles, or ATVs, killed more than 11,000 people between 1982 and 2010. Twenty-five percent of those suffering fatal injuries in an ATV accident were children. The Consumer Product Safety Commission further reports that there were approximately 115,000 people seeking emergency medical care for ATV accident injuries in 2010.
Initially widely sold as three-wheelers, ATVs became so notorious for rollover accidents and other fatal accidents that the import and manufacture or three-wheeled ATVs was banned in the United States. Despite the ban, there are still a number or three-wheelers in use today. Furthermore, even though four-wheeled ATVs decreased the number of fatal ATV accidents slightly, these "safer" four-wheelers are still plagued by serious and fatal accidents and product recalls.
The Consumer Product Safety Commission is so aware of the risks of ATV accidents that they have dedicated a separate website to ATV safety at ATVSafety.gov. The CPSC list of recalled ATVs is so extensive that it includes twenty-one ATV manufacturers, most with multiple recalled models. ATV manufacturers with the most recalled models include Arctic Cat, Bombardier, Honda, Kawasaki, Polaris, Suzuki, and Yamaha. These manufacturers alone have issued 79 recalls combined since August 2000, with the most recent recall by Honda on February 21, 2012.
With spring weather opening up warm riding weather, many people are getting out their ATVs and hitting the trails or doing some off-road riding. Oklahoma City personal injury attorneys caution ATV riders to practice safe riding with these tips from ATVSafety.gov:
- Remember that ATVs are powerful motor vehicles, not toys.
- Always be aware of your ATVs speed and weight. These vehicles weigh up to 700 pounds and travel up to 60 mph, making crush injuries likely in a rollover accident.
- ATVs easily tip and rollover. Driving these vehicles on unlevel terrain makes proper training necessary.
- Always wear a helmet when riding an ATV.
- Never carry a passenger on an ATV designed for a single rider.
- Stay off paved roads and avoid unfamiliar terrain.
- Never let a child under 16 ride an adult ATV.
Injuries sustained in an ATV accident can be catastrophic and include traumatic brain injury (TBI), spinal cord injury, broken or crushed bones, soft tissue damage, and vital organ damage. If you were injured or a loved one was killed in an ATV accident, you may be able to obtain compensation from manufacturers responsible for unsafe design or manufacturing defects. For help pursuing your ATV accident claim, contact an Oklahoma City products liability lawyer with Phillips & Bailey.
Voraxapar Gives Disappointing Results in Merck Trials
Oklahoma City pharmaceutical litigation attorneys monitor developments in the release of new drugs, knowing that many of these drugs are granted FDA approval only to have their adverse affects discovered after being used on a wide population. Two common side effects of dangerous or defective drugs are increased risk of heart attack or stroke. Now, clinical trials for a drug being studied to prevent those two potentially fatal conditions has yielded disappointing results for major drug manufacturer Merck & Co.
Voraxapar is being studied as a blood thinner aimed at preventing heart attack and stroke in patients who were at risk due to hardening of the arteries or a previous heart attack or stroke. The experimental drug was given to half of the 26,000 participants in the trial, and while the drug showed a slight decrease in repeat heart attack or stroke, it showed a marked increase in heavy bleeding.
Of the patients who were given voraxapar, nine percent died of heart attack or stroke within three years of taking the drug; of those who were not given voraxapar, more than ten percent died of heart attack or stroke. This slight benefit may be outweighed by the drug's adverse effects: more than four percent of those taking voraxapar suffered moderate to severe bleeding, including dangerous bleeding in the head. Only two percent of those patients not given voraxapar suffered such bleeding.
The lack of promising results led a physician with Cedars-Sinai Medical Center to say, "This is not a drug that I would put in my personal medicine chest."
When the risks of taking a drug or medication outweigh the potential benefits, that drug may be labeled as a "dangerous drug" or a "defective drug." While defective drugs are generally pulled from the marketplace, dangerous drugs often remain available for patient use--they are simply given stricter warning labels. Unfortunately, many patients do not understand the associated risks of a drug, and a defective drug is not identified as such until its ill effects are demonstrated on the general public.
Merck & Co. may be extra cautious in releasing this drug after being embroiled in pharmaceutical litigation and class action lawsuits pertaining to the company's drug Vioxx. Oklahoma dangerous drugs lawyers and attorneys across the nation have represented patients taking Vioxx and their families in personal injury, class action, and wrongful death suits after the drug's dangerous effects became known.
Some experts contend that Vioxx should have been recalled as early as 2000, and others say that documents indicate that Merck knew of the risks associated with the drug. Vioxx, intended to treat arthritis, carried such adverse side effects as increased risk of blood clots, heart attack, and stroke. In fact, research shows that patients who took Vioxx to treat their arthritis were up to three times more likely to suffer heart attack or sudden cardiac death than those not taking painkillers.
When the drugs intended to heal you cause more harm than good, an Oklahoma City pharmaceutical litigation lawyer with Phillips & Bailey can handle your dangerous drugs case. Whether you are seeking financial compensation for your medical expenses or for a loved one's burial expenses, we can help you get the compensation you need for the fullest possible physical, emotional, and financial recovery following harmful side effects of a defective or dangerous drug.
Oklahoma Registered Sex Offenders Challenge Stereotype
For most people, the term "registered sex offender" conjures images of violent rapists, sexual predators, and pedophiles. While certainly there are aggravated sex offenders who fit these descriptions, Oklahoma sex crime defense attorneys know that there are countless others who are forced to register for much less nefarious acts. In fact, some Oklahoma registered sex offenders are on the list for youthful mistakes and others are on the list who have never even had physical sexual contact with a child. Until recently, it was even possible for a person to be required to register as a sex offender after public urination if he or she was convicted of indecent exposure rather than public indecency. Regardless of being charged and convicted for a much lesser offense than aggravated rape or child molestation, mandatory sex offender registration saddles these people with many of the same restrictions and stigma as those convicted of violent sex crimes.
Media reports and online sex offender support networks tell the stories of people who seem to have been unfairly trapped by Oklahoma sex offender registration requirements:
- CNN tells of Ricky Blackman, a young man convicted of a sex offense when he was only 16. Blackman admitted to having sex with a girl he thought was 15, only to find out she was actually 13. He was convicted in Iowa, and his record was eventually expunged. Seeking to make a fresh start, Blackman and his family moved to Oklahoma, where he was forced to register as a sex offender despite the offense being expunged in his home state.
- The Tulsa World writer Leigh Woosley writes of Kim, a 37 year old former prostitute who was required to register as a sex offender after she was convicted of indecent exposure in Oklahoma. Her crime? Flashing her bare breasts to an undercover police officer. She failed to register as a sex offender upon her release from jail and spent an additional two years behind bars for failure to register. Though Kim admits that her jail sentence was probably deserved, particularly in light of a significant criminal history, she says that being lumped in with pedophiles and rapists seems unfair.
- A man posting on the Sex Offender Solutions and Education Network (SOSEN) website feels that his 18-year-old grandson, Coty Marrs, was unfairly prosecuted. According to the elder Marrs, Coty got drunk at a party and went in a bedroom to sleep it off. A 14-year-old girl came in and allegedly initiated a consensual sexual encounter. According to his grandfather, what Coty did was "dumb" and "irresponsible," but the justice system failed him. Sam Marrs says that Coty was denied his right to an Oklahoma sex crime defense lawyer during police investigation, and that when his case went to trial, he had ineffective counsel. According to Mr. Marrs, Coty must register as a Tier 3 Violent Sex Offender, even though the girl admitted the act was consensual and neither she nor her mother wanted to press charges.
The restrictions placed on registered sex offenders in Oklahoma are often more difficult for the offenders than their prison or jail sentences. These people must continue to pay for their crimes through housing restrictions, employment restrictions, and the social stigma that comes with being branded as a sex offender. It is critical that anyone charged with a sex offense--even something as minor as indecent exposure--get swift legal representation from an experienced defense attorney to protect against false accusations, inflated charges, maximum sentencing, and the violation of one's civil and constitutional rights.