Compensating Harms

Purvis • Gray, LLP named amongst Best Law Firms in Country

2011-11-01T07:03:00.000-06:00

Boulder, Colorado, November 1, 2011 – The law firm PURVIS • GRAY, LLP has for the second consecutive year been named amongst the best law firmsin the country in the 2011-2012 U.S. News – Best Lawyers “Best Law Firms”rankings released today. The national first-tier rankings will be featured in U.S.News & World Report’s Money issue, on newsstands November 15, 2011; the national and metropolitan first-tier rankings are featured in the “Best Law Firms” standalone publication.

PURVIS • GRAY, LLP received a national first-tier ranking in Mass TortLitigation / Class Actions – Plaintiffs and a national first-tier ranking in Product Liability Litigation – Plaintiffs. PURVIS • GRAY, LLP also received Colorado first-tier ranking in Mass Tort Litigation / Class Actions – Plaintiffs, Personal Injury Litigation – Plaintiffs, Product Liability Litigation – Plaintiffs, and Professional Malpractice Law – Plaintiffs.

For more than 25 years, the law firm PURVIS • GRAY, LLP, has represented people who have been seriously injured as a result of safety violations by large corporations, municipalities or other individuals. Though they are a small firm with only four attorneys they have the talent, experience, and fortitude to take on anyone.

As John Purvis explains, “If we wanted to represent Wall Street and big corporations, we wouldn’t be here. And if we had that kind of practice, frankly, we wouldn’t feel like we were helping people very much. We don’t get much satisfaction or sense of accomplishment from just improving ledger sheets or profit and loss statements.”

In 2011, Bill Gray was named Best Lawyers’ Lawyer of the Year for Personal Injury Litigation – Denver area; and, John Purvis was named Best Lawyers’ Lawyer of the Year for Mass Tort Litigation – Denver area.

Retired Boulder County District Court Judge Murray Richtel has described John Purvis and Bill Gray, “as the crème de la crème of the trial bar.” John and Bill both have been elected to all four of the most selective trial lawyers’ organizations: The International Society of Barristers, The American College of Trial Lawyers, The International Academy of Trial Lawyers and the American Board of Trial Advocates. The International Society of Barristers has only 650 active fellows in the world; The International Academy of Trial Lawyers has a fellowship limited to 500 lawyers in the world. Fellowship in each group is restricted to those considered by their peers to be among the finest in their profession.

Jim Heckbert brings more than 35 years experience fighting for people who have been seriously injured with numerous multi-million dollar verdicts on his resume. Heckbert leads the firm’s Steamboat Springs’ office. Jim’s cases have been the subjects of segments on NBC’s Dateline and CBS’s 60 Minutes television program.

Mike Thomson joined the firm in 2001 and his cases involve serious automobile/trucking accidents or complex litigation including civil rights violations, brain injury/spinal cord injuries and wrongful death. He is the lead attorney in separate wrongful death product liability actions against Taser International, Inc. and Daimler Trucks North America, Inc. A number of Mike’s cases have been written up in both the Denver Post and the Daily Camera.

“U.S News has more than two decades of experience in providing the public with the most accurate and in-depth rankings of a wide range of institutions, including our Best Law Schools rankings,” says Tim Smart, Executive Editor of U.S. News & World Report. “Law firms are an integral part of our rankings and a natural accompaniment to the law schools rankings.”

About the Firm

PURVIS • GRAY, LLP is committed to selecting only those cases that will benefit the most from their unique, aggressive approach. They take on a relatively small number of clients and strive to do a superior job on those cases. Although each case is assigned to one or two attorneys, the considerable experience and judgment of the entire firm is brought to bear on every case.

The firm approaches and prepares each case as though it will proceed to trial. This preparation, together with the firm's acknowledged ability in trial, allows it to settle the vast majority of cases at substantial levels. If, however, the case cannot be settled to the advantage of the client, the firm is well-prepared and ready to go to trial to seek the best results for each client. It is the goal of the firm to provide representation equal to that available anywhere, regardless of a client’s financial circumstances. PURVIS • GRAY, LLP offers legal counsel primarily in the following areas:

* Personal injury

* Auto accidents

* Wrongful death

* Product liability

* Professional malpractice

* Catastrophic injury

PURVIS • GRAY, LLP makes a difference in people’s lives. For more information about the firm please go to http://www.purvisgray.net or call 303-442-3366.

Driving Safely in the Snow

2011-10-31T19:19:00.000-06:00

Living here in Colorado, where it can snow anytime between September and June, understanding how to drive safely in the snow is a fairly important thing to know. Even if you don't travel in the mountains, it would make all of our lives a little easier if people understood a few basics. The Weather Channel has some recommendations:

Driving safely on icy roads
Decrease your speed and leave yourself plenty of room to stop. You should allow at least three times more space than usual between you and the car in front of you.
Brake gently to avoid skidding. If your wheels start to lock up, ease off the brake.
Turn on your lights to increase your visibility to other motorists.
Keep your lights and windshield clean.
Use low gears to keep traction, especially on hills.
Don't use cruise control or overdrive on icy roads.
Be especially careful on bridges, overpasses and infrequently traveled roads, which will freeze first. Even at temperatures above freezing, if the conditions are wet, you might encounter ice in shady areas or on exposed roadways like bridges.
Don't pass snow plows and sanding trucks. The drivers have limited visibility, and you're likely to find the road in front of them worse than the road behind.
Don't assume your vehicle can handle all conditions. Even four-wheel and front-wheel drive vehicles can encounter trouble on winter roads.

I also found the following suggestions of the National Safety Council insightful:

Before Winter weather arrives, make sure your vehicle is in good condition, especially the tires. Make sure you've got good snow tires, and put them on early. Try not to get caught without them in the first snowfall. Never combine radial and non-radial tires on the same vehicle. On front-wheel drive cars, it's best to put snow tires or "all-season" tires on all four wheels, not just the front.
If you must drive, clear the ice and snow from your vehicle, all windows and windshield wipers. Be sure the windshield washer reservoir is adequately filled with a freeze-resistant cleaning solution.
Drive slowly. Even if your vehicle has good traction in ice and snow, other drivers will be traveling cautiously. Don't distrupt the flow of traffic by driving faster than everyone else.
In a rear-wheel drive vehicle, you can usually feel a loss of traction or the beginning of a skid. There may be no such warning in a front-wheel drive, however. Front-wheel drives do handle better in ice and snow, but they do not have flawless traction, and skids can occur unexpectedly. Don't let the better feel and handling of a front-wheel drive car cause you to drive faster than you should.
Despite a popular misconception, the best approach to recovering from a skid is the same for foth front and rear-wheel drive vehicles. If your rear wheels start to skid:

Turn the steering wheel in the direction you want the front wheels to go. If your rear wheels are sliding left, steer left. If they're sliding right, steer right.
If your rear wheels start sliding the other way as you recover, ease the steering wheel toward that side. You might have to steer left and right a few times to get your vehicle completely under control.
If your car has an anti-lock braking system (ABS), keep your foot on the pedal. If not, pump the pedal gently, pumping more rapidly as your car slows down. Braking hard with non-anti-lock brakes will make the skid worse.
If your front wheels skid:
Take your foot off the gas and shift to neutral, but don't try to steer immediately.
As the wheels skid sideways, they will slow the vehicle and traction will return. As it does, steer in the direction you want to go. Then put the transmission in "drive" or release the clutch, and accelerate gently.
To avoid skids, brake carefully and gently on snow or ice. "Squeeze" your brakes in slow, steady strokes. Allow the wheels to keep rolling. If they start to lock up, ease off the brake pedal. As you slow down, you may also want to shift into a lower gear.

And, particularly, if you do mountain driving, it would be awfully smart to make sure you have the following equipment in your car before you head out:

Snow shovel.
Scraper with a brush on one end.
Tow chain or strap.
Tire chains.
Flashlight (with extra batteries).
Abrasive material (cat litter, sand, salt, or traction mats).
Jumper cables.
Warning device (flares or reflective triangles).
Brightly colored cloth to signal for help.
Empty coffee or similar type can containing candles, matches (in a water tight container) or a lighter, high-energy food (chocolate or dried fruit, for example).
Sleeping bags or blankets, ski caps, and mittens.
First-aid supplies.
Compass.

All of us owe it to each other to be safe when we drive on the roads. We have safety rules that are meant to protect us and our families. But, sometimes being safe requires more than just abiding by the law. I hope this helps you be safe this winter.

Mild Traumatic Brain Injury

2010-11-11T15:31:00.002-07:00

In the National Football League, they are finally grasping with the long term effects of concussions. For the past 25 years, we have been representing individuals who have suffered similar injuries. During those years, we have learned first hand that these injuries often have significant and profound long-term impacts. Many of the persons we represent come to us having suffered a mild traumatic brain injury.

The lives of NFL football players have put a very public face on the suffering of persons with mild traumatic brain injuries. One of my childhood heroes, former Chicago Bears quarterback Jim McMahon is the latest of these athletes to go public with his struggles.

The Mayo Clinic identifies the following symptoms associated with mild traumatic brain injuries:

Loss of consciousness for a few seconds to a few minutes
No loss of consciousness, but a state of being dazed, confused or disoriented
Memory or concentration problems
Headache
Dizziness or loss of balance
Nausea or vomiting
Sensory problems, such as blurred vision, ringing in the ears or a bad taste in the mouth
Sensitivity to light or sound
Mood changes or mood swings
Feeling depressed or anxious
Fatigue or drowsiness
Difficulty sleeping
Sleeping more than usual

The Mayo Clinic instructs you, "Always see your doctor if you or your child has received a blow to the head. Seek emergency medical care if there are any signs or symptoms of traumatic brain injury following a recent blow or other traumatic injury to the head."

A person can suffer a mild traumatic brain injury without receiving a direct blow to the head. A severe blow or jolt can cause multiple points of damage as a result of the brain bouncing back and forth in the skull. A severe rotational or spinning jolt can cause the tearing of cellular structures. Falls and vehicle collisions are often the cause of mild traumatic brain injuries. If you are suffering from some of the above symptoms after having been involved in a fall or vehicle collision you should immediately consult your physician for medical treatment and advice.

One of the most difficult aspects of suffering a mild traumatic brain injury is often even those who love you most question the extent of your symptoms. Unlike a broken arm, a person can look perfectly normal and still be suffering from this profound and life changing injury. I have witnessed this both in my own personal life (with family members) and with the clients I represent in my legal practice.

Many veterans of the Iraq and Afghanistan wars deal with these injuries and the ostracization that often comes with it. In fact, it is considered a "signature" injury for these wars.

It is my hope that the struggles of these veterans of wars and retired NFL players will bring a new understanding and compassion to all of those who have suffered mild traumatic brain injuries. In this day and age, it should not be difficult for us to understand that an injury to the brain is far more life altering than a broken arm. And, as seen in these veterans and NFL players, the strongest amongst us are susceptible to these injuries.

Senseless Death Caused by Inexplicable Negligence

2010-09-24T22:05:00.000-06:00

Who ties a patient in a mental health hospital face down in to a bed with a pillow? Apparently, the folks treating mental health patients at the Colorado Mental Health Institute in Pueblo. Channel 7 news reports:

Geske died in the forensic unit of the state hospital.

Sources who have seen a videotape of the incident told 7NEWS that Geske was not flailing or hitting anyone when he was escorted into the isolation room by staff members. Geske was strapped face down and spread eagle on the bed with a pillow.

He was left restrained in the room, alone, and a staff member was stationed outside the locked door of the room.

Shortly afterward, the staff member, looking through a window on the door, noticed Geske had stopped moving. The staff member then went into the room and found Geske was not breathing.

CPR was begun on Geske, but he could not be revived. An investigation found that Geske, who was 5 feet 8 inches tall and weighed 260 pounds, had trouble breathing while spread face down on the bed and pillow. He had tried to turn his head to the side to get air, but died of positional asphyxia -- a form of asphyxia that occurs when someone's body position prevents them from breathing adequately.

Just how do you tell this man's family that you killed him this way?

The Unreasonably Dangerous TASER

2010-08-26T10:17:00.002-06:00

TASER International argues that its weapon has been thoroughly tested and proven to be safe. Dr. David Rosenbaum, the Director of Heart & Vascular Research Center at Case Western Reserve University, specifically refutes these assertions in many ways. The most important of which is probably the evidence that the weapon can capture and stimulate the heart enough to cause fibrillation.

Dr. Rosenbaum says that there is “very reasonable evidence from the scientific and medical literature that states that TASERs applied to the body surface can stimulate the heart muscle, can electrically stimulate the heart muscle. It can stimulate the heart muscle in a rapid fashion, and it can stimulate the heart muscle in a fashion that is rapid enough to induce an arrhythmia, ventricular fibrillation.” Dr. Rosenbaum references a study in “The Journal of Cardiovascular Physiology” by Leslie Saxon which shows evidence of local capture of the heart muscle in humans. Rosenbaum explains that in the Saxon study they were able to record this capture because the patient happened to have a pacemaker leads in the heart that detected local myocardial capture. Dr. Rosenbaum also referenced a review by Paul Dorian, “where they clearly emphasized and pointed out the... fact that the TASER energy... can clearly stimulate the heart and induce fibrillation based on the Saxon report showing local capture in a human subject very well documented.”

Dr. Rosenbaum also makes a very strong case that the testing of the TASER that has been done has not adequately established that the weapon is safe for its intended use. Dr. Rosenbaum explains the lack of adequate testing done on the TASER as follows:

I think the -- the fact that we don’t have strong, adequate clinical data to establish the safety of TASERs under these kinds of environments, these kinds of situations leads you to just be uncertain as -- what that really tells you is that we haven’t ruled in the fact that TASERs are safe under these circumstances, and we -- it really provides us no information as to whether they’re dangerous. We just don’t have that information available from the standpoint of well-controlled, properly-conducted clinical trials. So what we have, when you don’t have well-controlled, properly-conducted clinical trials, what you have in medicine is you go into best available data, which is pre-clinical studies and good animal experiments, sometimes computer simulations, and sometimes limited clinical studies that are available. And so, you know, if this were a medical device, let’s say, which we use -- I’m an electrophysiologist, [we] use defibrillators and all kinds of medical devices, there’s a standard of safety that has to be surpassed before we can deploy a device on the patient, and that standard actually undergoes much more rigorous clinical testing than what I think that I believe the TASER gun has been exposed to, to assure its safety. And where this comes particularly important is that the degree of risk you would accept in a clinical therapy is – has to be weighed relative to its benefit. So if you had a drug that was – had a lot of side effects, was very risky but it treated cancer and was very effective at curing cancer, you may be willing to accept some toxicity. And the problem here in this field is that we don’t – we don’t know what level of safety is acceptable. And it certainly hasn’t been tested for. So, you know, here we have people who are generally young, well individuals, so I think we would want to have a device that has a very high safety profile because… these individuals otherwise are expected to do well. So we just don’t have enough information to know whether the devices are safe or safe enough relative to the value they bring and how they’re deployed.

… when we say what’s the probability of the TASER being implicated, well, since the outcome is death… an acceptable level of risk would be a very low threshold because the outcome is terrible. And – I think the pre-clinical studies that are available so far and the limited human studies suggest that there may be considerable risk under certain situations that we just haven’t fully studied in humans yet.

This may be why TASER has recently issued new warnings for this unreasonably dangerous device.

There is also now evidence that law enforcement persons who use the Taser should be carrying with them, or at least have nearby, a defibrillator. In a recent letter to the New England Journal of Medicine there is documentation of a defibrillator saving the life of a young person who had been shot with the Taser. In this case, defribicardiopulmonary resuscitation was begun within two minutes after the collapse. "After four shocks and the administration of epinephrine, atropine, and lidocaine, a perfusing rhythm was restored." The incident itself is evidence that the Taser can cause ventricular fibrillation, or in other words, serious injury or death.

Another TASER death, right here in Denver

2010-08-20T15:33:00.000-06:00

The Denver Coroner has ruled the death of Marvin Booker a homicide. The Denver Post reports:

The coroner said deputies had their body weight on Booker's back continuously for four minutes while he was face down and put him in a "sleeper hold" for more than two minutes while shocking him with a Taser for 8 seconds.

I'd be very interested in knowing on what part of the body Mr. Booker was TASED. As Taser International admitted last October, 20009:

Should sudden cardiac arrest occur in a scenario involving a Taser discharge to the chest area - it would place the law enforcement agency, the officer, and Taser International in the difficult situation of trying to ascertain what role, if any the Taser (electronic control device) could have played in a unique situation that cannot be replicated.

I would say the Denver Police Department is in a "difficult situation." Of course, nowhere near as difficult as the situation Mr. Booker's family has been put it.

Health Insurance Options in Colorado

2010-08-16T16:21:00.000-06:00

The Patient Protection and Affordable Care Act which was signed into law by President Obama on March 23, 2010 requires states to establish an internet website to help residents identify health coverage options. Colorado residents can get information about their options here.

There is an excellent summary of the new health reform law done by the Kaiser Family Foundation. It can be found here.

Protecting Your Civil Rights

2010-08-05T11:11:00.000-06:00

The 14th Amendment to the U.S. Constitution is arguably the most important provision in our Constitution when it comes to protecting our civil rights. Section 1 of the 14th Amendment reads:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

There are so many important issues addressed in this section of the 14th Amendment that it is impossible to discuss all of them in a short blog post. Historically, the two most important clauses though have come to be known as the Due Process Clause and the Equal Protection Clause.

In a technical sense, the Due Process Clause has come to give real backbone to the 1st, 2nd, 4th, 5th, and 8th Amendments to the U.S. Constitution. Without this clause, only the Federal government would be prohibited from violating these provisions of the Constitution. The Supreme Court has held that the amendment's Due Process Clause incorporates all of the substantive protections of these Amendments and makes them applicable to the States.

The Due Process Clause prohibits state and local governments from depriving people (individual and corporations) of life, liberty, or property without certain steps being taken. The Equal Protection Clause requires each state to provide equal protection under the law to all people it deals with.

Section 1 of the 14th Amendment has also come to define who is naturally a citizen of this country. As the first line of the Section reads, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." The Civil Rights Act of 1866 granted U.S. citizenship to all persons born in the United States. The provision became part of the 14th Amendment to prevent the Supreme Court from ruling the Civil Rights Act of 1866 to be unconstitutional for lack of congressional authority to enact such a law or a future Congress from altering it by a mere majority vote. The seminal case interpreting this provision is United States v. Wong Kim Ark, 169 U.S. 649 (1898).

Mess with the 14th Amendment and you mess with your civil rights.

Forest Fires and You

2010-05-27T16:11:00.002-06:00

As we approach Memorial Day Weekend here in the west we recognize we are entering forest fire season. Over the holiday weekend many will be traveling to campgrounds and national parks to enjoy the outdoors. Many of you simply need to be aware of the dangers fires present where you live.

The National Fire Protection Agency has some important safety tips for persons who live in fire hazard areas:

If you're moving to a new home in a rural area or buying land to build a new home, do a thorough outdoor fire safety check before you proceed. Locate the home on the lot with adequate setback from downhill slopes. Wildland fire travels uphill rapidly – make sure that your home won't be in its path.
Make sure that the area has adequate public fire protection available. Will emergency vehicles have easy access to the house? Is your address clearly visible from the road? Will firefighters have access to a water supply to put out a fire?
Make your roof fire safe. Untreated wood shake roofs are the leading cause of wildland fire losses. A roof made of fire-resistant or non-combustible materials can make your home safer. Also, use non-combustible (metal) screening in eave vents and for windows.
Sweep gutters, roofs, and eaves regularly and remove dead branches from around or near chimneys. Burning firebrands or embers can collect in the same space that leaves and pine needles do. Remove leaves and needles from cellar window walls and from corners and crevices around the outside of your home.
Create a survivable space, safety zone or "fire break" around your home. Flammable (highly resinous) plants, woodpiles, and debris should be kept as far away from the exterior walls of the home as possible. Fences, decks, or outbuildings connected to the house must be considered part of the house; construct them out of non-combustible materials and keep them clear of pine needles, dead leaves, etc.

The NFPA has a list of supplies your family can put together to have available in case of an emergency here.

If you are one of the many Coloradans who live in fire hazard areas you should pull your family together for thirty minutes this weekend and talk about what you would do when a fire nears your home. It just might be the most important family meeting you will have.

An organization called Firewise Communities suggests some things you should discuss with your family:

(1) Recognize when it's time to go: During the summer in Colorado small fires can happen regularly and no one evacuates. But in order to prepare for the big one -- look for large columns of smoke, the kind that goes thousands of feet in the air and can be seen from miles away. You will probably hear more sirens than you've ever heard before. These kinds of clues should kick-start your evacuation plan.

(2) Find your family: If they're home, gather them up. If not, call them and advise them of the situation and have a pre-arranged meeting place selected. If you can't get through, notify the local Red Cross where you will be if family members call. If people get lost and separated from one another, the Red Cross works hard to reunite families. Also designate a third party who lives far enough away to not be affected by the fire as your family contact point. Let them know when you've evacuated and where you are going (if you know).

(3) Gather your important stuff if you have time: Get the medications, money, documents, photographs, glasses, and personal effects loaded in the car. How much you take will depend on how long you have -- if the fire is closing in, spend no time on this. If you have hours, then select what you need more carefully.

(4) Prepare your home: Go to our Firewise website at http://www.co.napa.ca.us/firewise and click on About Firewise, then select "When Wildland Fire Approaches - Emergency Check List," to get the information you need.

(5) Animals: Especially the large, livestock kind. These take time to move, so you need to take action early if you have large animals. We recommend that you evacuate your animals before you need to leave. Take them to a boarding facility or friend's house long before you feel imminently threatened. If the fire comes too fast, then simply turn them loose; their chance of survival is better if they can move and are not corralled.

(6) Evacuating yourself: The drive out may be tough if the fire is close by. Turn on headlights, keep the windows rolled up and keep calm. Stick to the main road and watch out for other frightened drivers and fire engines coming the opposite way. People do odd things at stressful times like this, so be ready for anything. Your car can take some heat and flame against the vehicle but not more than a minute or two. Remember to hold your breath if you are driving through flame. If you can't get out on the road, return home, or to a nearby house, and ride it out inside.

For additional information on planning for an evacuation and creating a family disaster plan visit http://www.fire.ca.gov/php/fire_er_beprepared.php.

Our firm has represented a number of families who have been harmed by catastrophic forest fires. If you have experienced such a loss we would be happy to provide a free legal consultation to discuss your circumstances.

Steamboat Pilot: Jury awards $2.4 million in bike-car crash near Steamboat

2010-04-27T21:26:00.000-06:00

Wayne Ranieri was thrown more than 20 feet when Kathy Whaley cut a corner too close and drove into the oncoming traffic lane, hitting Wayne Ranieri head-on on his bicycle. Wayne Ranieri landed on his buttocks, compressing his spine and crushing a vertebra in his lower back. He was in the hospital for 13 days. The local newspaper of record in Steamboat Springs explains the injuries Mr. Ranieri suffered:

According to his professional website, Ranieri’s favorite activities include, “powder skiing, mountain biking, martial arts, snow shoeing, hiking, running, camping and horseback riding.”

“When you do this to someone who is highly active, his whole life is changed,” Heckbert said.

Since that time, Ranieri has gone through two major surgeries to fuse three vertebrae in his lower back and hold his back together with rods and pins. He now goes to physical therapy several times a week and has tried to ride his bicycle several times since the incident, with little success. The jarring motion, and the pain from leaning over the handlebars, means Ranieri will likely not be able to ride at nearly the level he used to.

“Wayne will have pain in his back at the level of twice a toothache,” Heckbert said. “He has a limitation of motion, he can only sit for brief periods of time without having to get up and can only walk for brief periods of time.”

Wayne and Julie Ranieri would readily give up the money from this verdict if it meant they could have their lives back.

Steamboat Jury Recognizes the Value of the Steamboat Lifestyle

2010-04-25T09:25:00.001-06:00

In March 2009, Steamboat Springs resident Wayne Ranieri was seriously injured when a car, not paying appropriate attention to the road, cut into his lane and crashed head on into him. Steamboat Today reporting the incident explained:

Wayne Ranieri, an agent at Steamboat Village Brokers and married father of four, was listed in fair condition at Yampa Valley Medical Center on Monday after being hit while cycling near Lake Catamount on Thursday. Routt County Sheriff's Office records indicate that Kathy Whaley was cited for careless driving resulting in injury for her role in the accident. A phone message left for Whaley was not immediately returned Tuesday.

Wayne Ranieri's wife, Julie, said her husband underwent surgery Friday and has spinal surgery scheduled for Wednesday.

"We don't know how he's going to be," Julie Ranieri said, "so we're just asking for everybody's prayers."

Late Friday, a Routt County District jury in Steamboat Springs awarded verdicts totaling nearly $2.4 million in favor of Wayne and Julie Ranieri for injuries the Ranieri's suffered as a result of this incident. The Ranieri's attorney, Jim Heckbert of Purvis Gray, LLP, told the jury, "I don't know that a Routt County jury has ever had the opportunity to place a value on the lifestyle we enjoy here. Wayne represents that lifestyle, and what it means, as well as anyone. Wayne's loss of his ability to enjoy his athletic activities is what makes his injury so severe."

Local Coach Uses Position to take Advantage of Parents

2010-04-22T20:49:00.000-06:00

I have the pleasure of representing a local man who has been defrauded by the coach of his daughter's high school fastpitch softball team. A story in today's Daily Camera tells the story.

Former Monarch softball coach accused of fraud

Ryan Wilson's Family Will Get It's Day in Court

2010-03-30T22:09:00.000-06:00

Today, a Federal District Court Judge denied a Motion for Summary Judgment filed in Wilson v. Taser International, Case No. 07-cv-01844. I represent Ryan Wilson's mother, Wendy Wilson in this case. The Daily Camera has the story here.

Health Insurance Consumer Protection

2010-03-26T15:48:00.000-06:00

I will leave the politics of health insurance reform to others. Whatever your political persuasion there are important consumer protections provided by the new legislation that all Americans ought to know about. According to the White House's own website...

Under the law the following consumer protections will begin this year:

(1) Uninsured Americans with pre-existing conditions will have the choice of quality, affordable insurance through a new insurance pool;
(2) Small business owners will be eligible for billions in tax credits to help offer insurance coverage to employees;
(3) New plans will have to offer preventive care and immunizations at no cost;
(4) New plans and certain existing plans that offer dependent coverage will have to cover an enrollee’s dependent children until age 26;
(5) A re-insurance program for employers that offer health insurance to their early retirees will save as much as $1,200 for every family enrolled;
(6) A new website to help consumers compare different insurance coverage options along with state-by-state health care consumer assistance and ombudsman for any of their health insurance questions;
(7) A new independent appeals process for new plans so consumers and patients can appeal insurance company decisions;
(8) Prohibits new plans and existing group health plans from denying coverage for children because of a pre-existing medical condition;
(9) Review of requested insurance premium increases -- health insurers with a pattern of excessive rate increases can be blocked from selling through new insurance exchanges;
(10) Remove arbitrary lifetime limits on coverage in all plans, and remove restrictive annual limits on benefits in all new plans and existing group health plans so people know that all of the care they need will be paid for;
(11) Prevent insurance companies from dropping insurance coverage when a person gets sick and needs it most.

Additionally, the Kaiser Family Foundation has an excellent outline which summarizes the timeline for health reform implementation here.

Scary Data for the Parents of Teenagers

2010-03-08T16:11:00.002-07:00

My wife and I only have one teenager left in our home. Our other children have theoretically grown up. But, very few things are more frightening then being the parent of a teenager with a car. And, the data backs up these concerns. According to the Insurance Institute for Highway Safety, motor vehicle crashes are the leading cause of death for American teenagers. The crash rate per mile driven for 16-19 year-olds is 4 times the risk as compared to older drivers. Not surprisingly, risk is highest at age 16. The crash rate per mile driven is twice as high for 16 year-olds as it is for 18-19 year-olds.

Browsing the web today, I found these ten safety tips that as the father of former and current teenagers make a lot of sense to me.

1. Pay for extra driver training if you can afford it.

2. Have your child drive you everywhere possible once they receive a learner's permit.

3. Talk to your child as you drive, communicate with your child as you travel together.

4. Don't Rant, Yell, Scream or Shout -- Until You Get Home.

5. Review your driving session once you return home as gently and calmly as possible.

6. Meet your child's traveling companions.

7. Remind your child frequently of the inherent dangers of operating a motor vehicle with anything less than 100 percent concentration.

8. Choose a Safe Car.

9. Ride periodically with your teen even after they obtain their license.

10. Have your child share insurance and other costs.

Not everyone can afford extra driving instruction. But, parents can ill afford to not take the time to make sure their teenager is safe behind the wheel. My instincts tell me that this begins by being safe drivers ourselves. Make sure your children see you being a cautious driver. If your child sees you talking on your cell phone while you drive, they will be much less likely to listen when you instruct them not to do the same.

Former CU Student to get $230,000 settlement

2010-03-04T11:13:00.001-07:00

The Daily Camera's Heath Urie wrote a nice article on settlement of case for client of mine with the City of Boulder. You can read it here.

The full statement I sent to Mr. Urie was:

Council members for the City of Boulder may be glad that this settlement was paid in full by the city’s insurance. But, they must also recognize that there was a massive failure at the administrative level in this case. Given the history surrounding Halloween in this City, there were some astoundingly stupid administrative decisions made which put both the police and innocent civilians like Jonathan Lemery in a very bad situation. The Officer who shot Jonathan Lemery was in no way the only person to blame for this incident. If I were a member of the City Council, even all these years later, I’d want to know who was responsible for this administrative failure. And, then I’d also be taking a look at the policies within the police department regarding discharge of weapons. When considering this incident and other Taser incidents in recent years, I think there’s reason for the City Council to spend some time with this issue. If I were on the City Council, I’d want to know why the officer who shot Jonathan Lemery still thinks he did nothing wrong.

Picture above my desk/computer

2010-03-01T13:11:00.000-07:00

My wife, who shares a birthday with my law firm, gave me a picture years ago that sits above my desk. It reads:

Time to Live: Life grants us the opportunity to write our own destiny. Our fate is not a matter of chance; it is how we decide to spend our lives. Let us choose to give our lives to something that will outlast us.

Seems to be a pretty good statement about what I am trying to do for a living here at Purvis Gray, LLP. It certainly pertains to the work this firm has done for the last 25 years.

Purvis Gray, LLP -- 25 years helping people

2010-03-01T10:28:00.000-07:00

Today is 25th anniversary of 1st day of business for the law firm I call home - Purvis Gray, LLP. Congratulations to John Purvis and Bill Gray! This law firm has helped an awful lot of people over the years. I am very proud to be part of this great organization.

Steps to Finding the Best Medical Care

2009-12-01T12:33:00.000-07:00

In his new book, The Life You Save: Nine Steps to Finding the Best Medical Care-and Avoiding the Worst, attorney Patrick Malone provides advice that is relevant to all of us on how to take charge of our health care, make the best choices, and avoid serious harm. Malone addresses many issues such as:

* The single most important question you can ask your doctor
* Why a top primary care doctor is your best ally, and where to find one
* How to sort fact from hype in medical news
* When to know you have symptoms your doctor should not shrug off
* Checklists to help you get out of the hospital in one piece
* Where to locate the best surgeons and safest hospitals

With an extensive Resources section and a chapter on what do to if medical error has occurred, The Life You Save is the guide to getting the health care you need and deserve.

Malone was interviewed by Matt Lauer recently. Check it out...

Visit msnbc.com for Breaking News, World News, and News about the Economy

Brain Trauma

2009-11-16T14:42:00.002-07:00

Has your child suffered a concussion in a sporting event at school? Have you endured severe whiplash in a car accident? Professional sports organizations like the NFL and NHL are doing more and more to protect athletes who have suffered concussions. There's a reason why.

There are great strides being made in diagnosing and understanding brain injuries.

Check out this video from NOVA.

Civil Lawsuits Make us Safer

2009-11-12T14:06:00.001-07:00

Dr. Catherine DeAngelis, the Editor in Chief for the Journal of American Medical Association and Dr. Phil Fontanarosa, the Executive Deputy Editor for the Journal of American Medical Association recently penned a rather insightful editorial discussing the importance of tort litigation in product liability cases. Referencing their serious concerns about the Food & Drug Administration's ability to keep us safe, they explained:

Given the current imperfect process for approval and the flawed postmarketing surveillance system, the drug and device regulation process is at best an inexact and incomplete science. Until these deficiencies in the system are remedied,some patients inevitably will continue to experience harm from the use of newly marketed products as well as from use of other approved medications. Just as with other consumer products that cause harms, consumers (i.e., patients) who are injured by defective medical devices or by pharmaceutical products with inadequate warnings of potential harms may have to resort to legal action as recourse for their injuries. According to Gostin, litigation and state tort law "provides a system of civil justice designed to compensate patients, deter unreasonably hazardous conduct, and encourage innovation in product design, packaging, labeling, and advertising."

Thus,tort law serves in effect as away to close regulatory gaps in the FDA remarketing approval process and to provide a mechanism for postmarketing surveillance. Moreover, litigation has been a rich source of information about how drug and device manufacturing companies behave, such as with off-label promotion, guest and ghost authorship, and reporting of safety findings. Without the information revealed by the public release of documents in tort liability actions, many of these behaviors would remain unknown, some drug manufacturers' judgments about safety issues would be hidden from view, review, or oversight, and the FDA would not be able to uncover them either.

...

One of the most important ways to ensure the health of the nation is to be certain that medical devices and pharmaceutical agents are safe. The FDA is not infallible and the recently increased resources do not include a crystal ball. Therefore, unless and until the FDA drug approval process and the postmarketing surveillance system improve significantly, patients must have a means to seek recourse through tort litigation against product manufacturers. Anything less may well preempt the well-being and safety of the public.

Rarely do people stand up and recognize the fact that civil litigation protects us as consumers. Civil lawsuits provide an additional layer of accountability that encourages those in the business of making products, whether they be medical devices or toys for our children, to ensure those products are safe. Anything that reduces the impact of those civil lawsuits, reduces the accountability for those who make and distribute products to us.

Automobile Insurance: Protecting You and Your Family

2009-11-11T13:55:00.000-07:00

For automobile accidents that occur in Colorado after June 30, 2003, the Personal Injury Protection (PIP) benefits that Colorado’s Automobile No-Fault required became a thing of the past. As a result, in Colorado, your health insurance policy is your primary source of protection if you are in an automobile accident, supplemented by whatever medical payment insurance you buy from your auto insurer.

But, your health insurance likely does not cover many of the things that were provided for in your PIP benefits. Your health insurance may not cover all of your relatives who live in your home and happen to travel in your vehicle. Your health insurance likely won’t cover any uninsured passengers who happen to be traveling with you in your vehicle. Your health insurance will not cover your wage losses if you miss work due to an accident.

SO, WHAT SHOULD YOU DO TO MAKE SURE YOUR AUTO INSURANCE PROVIDES THE COVERAGE YOU AND YOUR FAMILY NEED?

In my view, you should purchase Med Pay as a part of your automobile coverage. It is recommended that you purchase as much Medical Payment (Med Pay) coverage as you can afford, but don’t be fooled into thinking Med Pay will cover everything your old PIP policy covered. When purchasing Med Pay as a part of your auto insurance it will be important to read the fine print. The purpose of your standard Med Pay policy will be to provide medical benefits for everyone in your vehicle for death or injury caused by accident. Insurance companies will differ on the coverage they are providing via Med Pay. Your Med Pay will likely not cover your wage losses if you miss work due to the accident. Med Pay benefits are relatively inexpensive in most auto policies.

Bodily injury liability insurance protects you against liability should your car injure others and you are held liable. Property damage liability protects you against liability up to the stated limit should you, your resident relatives or persons using your car with permission be held liable for causing damage to the property of others while driving your car.

Because most losses fall within lower levels of coverage, higher-limits are proportionately less expensive. Thus, you will find that increasing your liability coverage is one of the cheaper ways to provide yourself with more protection. I would recommend that your liability limits be at least $100,000 per person/$300,000 for two or more persons/$50,000 for property damage.

By statute, here in Colorado, insurers are required to offer UM/UIM coverage up to the limits of the policyholders liability coverage or $100,000/$300,000, whichever is less. UM/UIM coverage pays for damage that you, relatives living in your household and passengers in the insured automobile are legally entitled to recover because of bodily injury or death caused by an uninsured/underinsured automobile driver. Increased UM/UIM coverage will provide you and your household with some of the protection that PIP coverage used to provide when you are injured in a car accident in which you are not at fault and the other driver has inadequate insurance.

In Colorado, for accidents which occur after January 1, 2009, the UM/UIM coverage will stack on top of whatever liability coverage is available. In other words, if your damages in medical expenses, lost wages, and pain & suffering amount to $125,000 and the person who hit you only has $25,000 in liability coverage, a $100,000 UM/UIM policy will ensure you have coverage for the full $125,000 in damages.

Because there are still many people on our roads with minimal liability coverage, I do recommend that you carry at least $100,000 per person/$300,000 per accident in UM/UIM coverage.

You can't handle it yourself

2009-11-11T13:38:00.000-07:00

Answering the question:Why do I need an attorney for this?

(1)You do not know all you need to know to get the compensation you deserve.

a. Even if you know what the word subrogation is, and few people do, it undoubtedly will play a major role in how much money ends up in your pocket.

b. If you are in an auto accident you probably don’t know how many different insurance policies might cover your injuries. Most would simply assume the driver who caused the accident will cover it.

c. Underinsured motorist coverage has a host of legal issues.

(2) The folks you will be negotiating with know that you do not know all that you need to know to get the compensation you deserve.
a. And, they will take advantage of this fact. E.g., subrogation

(3) As long as you don’t have an attorney on the case, the folks you will be negotiating with will assume that you are unwilling to invest in the case what it takes to get the compensation you deserve. It is an admission that you will settle for less.

(4) If you choose your attorney carefully, you should be able to find an attorney who will garner the respect of insurance adjusters and/or defense attorneys.

(5) Your attorney will take care of the fight and you will be able to take care of yourself.

The Practice

2009-11-09T23:02:00.001-07:00

I am an attorney at the law firm Purvis Gray, LLP in Boulder, Colorado. I represent people who have been injured in car, motorcycle, and/or truck accidents. I also represent people who have been injured as a result of unsafe commercial products, professional negligence, or nursing home negligence. A large portion of my practice has included representing persons who have been badly injured as a result of excessive force used by police officers. I’m licensed to practice, and I have tried multiple cases in Colorado's State and Federal courts.

With this blog, I intend to discuss issues critical to persons who have been harmed by the actions of others. I also intend to discuss ways you can protect yourself in case you are harmed by the actions of others. Initially though, I will be providing some background on the experiences I have had as an attorney. Please feel free to email me questions you may have or leave comments to the posts on this site.