Gas Powered Generators Can Lead To Carbon Monoxide Poisoning

In wake of the recent storm that left many Mainers without power, the Department of Health and Human Services Center for Disease Control and Prevention (Maine CDC) has released an important message:

Improper operation or placement of gas powered generators or similar alternative heating or power sources can lead to Carbon Monoxide (CO) poisoning.

Carbon monoxide is an odorless, colorless gas that can cause sudden illness and death. The poisonous gas is found in combustion fumes from sources such as cars and trucks, small gasoline engines, stoves, lanterns, burning charcoal and wood, and gas ranges and heating systems. The poisonous gas can build up in enclosed areas, harming people and animals who breathe it, as high levels of CO inhalation can cause loss of consciousness and death.

Each year, more than 400 Americans die from CO poisoning, more than 20,000 visit the emergency room, and more than 4,000 are hospitalized. Fatality is highest among Americans 65 and older.

The most common symptoms of CO poisoning are headache, dizziness, weakness, nausea, vomiting, chest pain, and confusion. However, it is often difficult to diagnose because the symptoms are similar to those of other illnesses. People who are sleeping or intoxicated can die from CO poisoning before ever experiencing symptoms.

A Maine State study of CO poisoning following the Ice Storm of January 1998 found that improper placement of a gasoline generator, such as in a basement or garage, increased the risk of poisoning. Using a kerosene heater in a room with a closed door and windows also put people at an increased risk for CO poisoning.

To avoid CO poisoning during power outages, and in general, it is recommended to:

  • Place generators outside in well ventilated locations. 
  • Keep generators away from home windows or doors.
  • Be sure generators are not in enclosed or semi-enclosed space - such as a basement, cellar bulkhead, or attached garage - where carbon monoxide can build to dangerous levels. 
  • Use kerosene heaters in a well ventilated room using only K-1 grade fuel.
  • Never use outdoor cooking devices - such as gas or charcoal grills, or gas camp stoves – indoors.
  • Keep chimney flue and a window open when burning decorative gas fireplace logs as a heat source.

If you suspect CO poisoning:

  • Leave the house immediately and then call 911. 
  • Seek medical attention by contacting either the Northern New England Poison Center (800-222-1222) or your physician after you have left your home. 
  • Do not go back into your home or building until you know the CO levels are safe.

By following these Carbon Monoxide safety tips and placing a CO alarm near all sleeping areas in your home, you will keep your family out of harm’s way. Which will help keep your personal lights on the next time your power goes out.

For more information on the dangers of Carbon Monoxide poisoning please visit: www.cdc.gov/co/faqs.htm.
 

Court Fees Can Be Paid Online In Maine

Mainers who have an outstanding fine or fee due in any of the state’s courts can now conveniently pay online.

Outstanding fine amounts are updated online every Tuesday morning and can be searched by name and date of birth or court docket number. Those that use the new service will be charged a premium service fee of $6.

When paying an outstanding fine or fee online, you will need:

  • Your name and date of birth or court docket number
  • A valid credit card (Discover, Visa or MasterCard)

It is important to note that the online service may take up to two business days for the transaction to be processed by the state. During this grace period any outstanding warrants and/or license suspensions will remain in effect.

Also, payments made through this service do not cover attorney fees or restitution. Once a fine has been paid in full, the Bureau of Motor Vehicles must be contacted and paid reinstatement fees.

A confirmation of payment will be sent via email and serve as a proof of payment. It is advised to print this email and save it in your records as the court will not send a receipt.

To pay an outstanding court fine or fee online please visit: www5.informe.org/online/courts/fines.

And for any additional questions regarding attorney fees or restitution, and for a complete list of Maine courts please visit: www.courts.state.me.us/maine_courts/district/directory.shtml.
 

Free Colon Screening For Maine Residents

Underinsured and uninsured Mainers are now eligible for free colon cancer screening.

Colon cancer is the second leading cause of cancer related deaths in the U.S. among men and women over the age of 50. An estimated 900 people in Maine develop colon cancer each year with roughly a third of them dying from the disease. It is estimated that 90% of these deaths are preventable with proper screenings and follow-ups starting at age 50.

Maine recently received a 5-year federal grant from the U.S. Centers for Disease Control and Prevention (CDC) to provide the free screening as well as educate the public on the seriousness of the disease. One of the biggest problems faced with colon cancer is that there are often no symptoms. Therefore, regular testing and follow-ups are a necessity.

Eligibility for the free screenings is based on both financial and institutional considerations. Those over the age of 50 who earn less than 250% of federal income guidelines will generally be accepted.

For more information on free colon cancer screening or to setup an appointment, please call the Colorectal Screening Hotline at 1-877-320-6800 or visit: www.maine.gov/dhhs/boh/index.shtml.
 

Free Tax Preparation For Mainers

If you earned less than $50,000 in 2009, you may be eligible to have your taxes done for free.

Every year, thousands of Mainers miss out on income tax credits that they would qualify for, often totaling thousands of dollars per family. In 2009, an estimated 25 percent of qualifying Maine residents did not apply for the federal Earned Income Tax Credit (EITC), missing the opportunity to collect upwards of $5,657.

As a benefit to low and moderate-income Mainers, CA$H Maine and AARP Tax-Aide together have set up statewide tax sites to help ensure residents get their due tax refund. For Mainers who made less than $50,000 in 2009, they can have both their federal and state income taxes prepared for free by IRS-certified volunteer tax preparers at the sites, and, be educated about free programs and services in the community that help make the most of their money.

To participate, Maine residents should gather all of their tax statements from all income received in 2009 (W-2, 1099, 1098, SSA and unemployment), gather Social Security cards for each person claimed on their tax return, and dial 2-1-1 to set up an appointment. Interpreters are available upon request.

In 2009, CA$H Maine and AARP Tax-Aide helped Maine residents get back more than $13.9 million in federal and state refunds, including $3.62 million in Earned Income Tax Credits. The extra refund not only helps the deserving families, it also helps the local economy. And that’s a WIN-WIN situation for the state of Maine.

For more information on free tax preparation in Maine please call 2-1-1 or visit them online at: www.211maine.org.
 

Social Security Backlog Delays Benefits

A recession, rising unemployment rates, and state budget cuts are making Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) application backlogs worse than ever.

The Social Security benefits program provides monthly benefits to those who have health problems that prevent them from working. To get Social Security benefits, one must prove they are severely disabled and are unable to work for more than a year. The claims process can take upwards of two years.

The Social Security benefits program has been experiencing rising claims levels due to the aging of the baby boomers. It now can add the recession as another influence. In 2009, the Social Security Administration (SSA) received 2.8 million initial benefits claims, an increase of 15 percent from 2008. The estimate for 2010 is 3.3 million applications.

In addition to the large increase in applicants, the Social Security benefits program is suffering due to the Social Security Administration paying states to handle claims. Cash-strapped states such as Maine are instituting statewide furlough programs which cause a delay in paying benefits. States that furlough all disability determination employees have an average of 14 percent less capacity than they need to handle claims. Currently, there are 13 states with full or partial furloughs.

From January through September of 2009, 30 states and the District of Columbia failed to meet federal standards that say they should pay at least 87 percent of unemployment claims within 14 to 21 days of the application. Nationwide, 2 million people received their first checks later than normal with some coming after more than 70 days. In an attempt to solve the problem, the U.S. Department of Labor has given states $150 million to improve their technology.

At the Law Offices of Joe Bornstein, we know how frustrating it can be when applying for Social Security benefits. If you’ve been denied benefits, don’t give up! In over 35 years of practice, the Law Offices of Joe Bornstein has helped over 15,000 Mainers get the justice they deserve.

With a dedicated Social Security Disability team featuring 4 attorneys and support staff of 12, the Law Offices of Joe Bornstein will fight for the benefits you deserve. Contact us today for a free and confidential consultation, and find out how we can help Tell The Federal Government You Mean Business!

For more information on the Social Security benefits program please visit: www.ssa.gov

The Law Offices of Joe Bornstein – Maine Lawyers Working For Maine People
 

Health Care Reaches Out To Veterans

Two new community outreach vehicles are travelling through Maine providing veterans with health care.

The Department of Veterans Affairs (VA) recently unveiled a fleet of 50 new outreach vehicles that travel to rural communities to meet with veterans. With many miles of backcountry, Maine was awarded two of the new vehicles, one based out of Caribou and the other out of Lewiston.

The 38-foot outreach vehicles carry Vet Center counselors and outreach workers to the remote areas of the state. The vehicles have space for confidential counseling, portable exam tables, locked storage, and refrigeration for medication. An electronic medical records system connects each vehicle with the VA Medical Center at Togus, a video system allows veterans to talk remotely to a psychiatrist for medication purposes, and each vehicle is handicap accessible.

Veterans who live in Maine have access to health care clinics in Augusta, Bangor, Calais, Caribou, Fort Kent, Houlton, Lewiston, Machias, Rumford, Lincoln, and Saco, but the commute from rural Maine can be long. Which is why the government elected to take the healthcare show on the road.

 The VA awarded Maine a three-year federal grant of $600,000 per year for the operation of the mobile health clinic. The clinic provides primary care, mental health and lab services to veterans on a rotating basis in rural Maine. Overall, the mobile unit is expected to serve about 800 veterans annually. Equipped with a generator, shower, toilet, microwave, and satellite service, each vehicle can also be used during catastrophic events such as a flood or storm.

Currently, across the country, there are 271 Vet Centers that provide treatment for veterans. Now, however, veterans in rural areas will have access to health care without having to make a long trek to bigger towns and even bigger cities. A well deserved honor for those that served.

For more information on the mobile outreach health care program please visit: www.togus.va.gov/visitors/Mobile_Vet_Center.asp.

 

Free Fishing Days Hook On With Mainers

Mainers love fishing. This weekend they can do it for free.

On Saturday, February 13th and Sunday, February 14th, people can fish for free on Maine’s waterways. The free fishing event is open to all anglers except those whose license has been revoked or suspended. All normal fishing laws and regulations apply.

With over 6,000 lakes and ponds and nearly 32,000 miles of rivers and streams, fishing is one of the most popular activities in Maine. Approximately 286,000 people purchase fishing licenses each year and the sport has a $300 million impact on the state’s economy. The free fishing promotion takes place over Valentine’s weekend as the Maine Department of Inland Fisheries and Wildlife continues to promote Family Fishing Days.

Despite the cold weather, many Mainers are expected to take advantage of the free fishing. But with the free fun comes the inherent danger of fishing on the frozen waterways. The following are safety tips that we’d like to share with you to keep you safe and sound while fishing the frigid waters:

  • Be sure the ice of a pond or lake is frozen solid and at least six inches thick.
  • “Black Ice” is considered the safest kind ice. It is bluish in color, mostly clear, and contains air bubbles. It is also safer than “white ice,” which has been refrozen multiple times while covered with snow. Snow hinders the ability of ice to freeze.
  • Ask other fisherman in the area about the quality and thickness of ice. Small bodies of water freeze faster than larger ones.
  • Test the ice by drilling a couple holes near the shore where the water isn’t deep. This helps determine the quality and thickness.
  • New clear ice is generally stronger than older ice. 
  • Ice rarely freezes the same throughout a pond or lake. Just because it is thick in one spot doesn’t not mean it will be in another.
  • Do not build a fire on the ice.
  • Always bring blankets, first-aid and emergency kits, and rope for safety.
  • Wrap ice picks around your neck or place them in pockets in the event you fall into the water. They will help pull you back onto the ice. 
  • Do not drive large vehicles on the ice.
  • Never ice fish alone.

Fishing is one of Maine’s favorite pastimes. By following a few simple safety tips, it will continue to be for years to come. And when it’s free for a weekend, other than an extra ten degrees, what more can a Mainer ask for?

For more information on Free Fishing Days and a complete list of fishing regulations, please visit: www.mefishwildlife.com.
 

Heart Health Month Helps Mainers Get Healthy

February is Heart Health Month.

Established in 1963, Heart Health Month is a nationwide campaign designed to educate Americans on the benefits of making healthy living choices to improve cardiovascular health. Considered among the most preventable diseases, heart disease is the leading cause of death in the United States. According to the American Health Association, one out of every three adults suffers from a cardiovascular disease, with more than half under the age of 60.

Often regarded as a "man's disease," heart disease is also the leading cause of death for women in the U.S., accounting for nearly 50 percent of total heart disease deaths. In 2009, an estimated 785,000 Americans had a new coronary attack, with about 470,000 expected to have a second.

The chance of developing cardiovascular problems can be reduced by taking steps to prevent and control factors that put people at risk. Knowing the signs and symptoms of a heart attack are important both before and after suffering one. People who have survived a heart attack can work to reduce the risk of another and help prevent a stroke in the future.

Though heart attacks can be sudden and intense, most start slowly with mild pain or discomfort. Waiting too long before getting help can be fatal, which is why we’d like to pass along a few signs and symptoms to be aware of:

  • Chest discomfort - Most heart attacks involve discomfort in the center of the chest that lasts for a few minutes, or that goes away and comes back. An uncomfortable feeling, pressure, or pain often accompanies it. 
  • Discomfort in the upper body - Pain in one or both arms, the back, neck, jaw, or stomach can be common. 
  • Shortness of breath - May occur with or without chest discomfort. 
  • Other signs include breaking out in a cold sweat, nausea, or lightheadedness.

Cardiovascular impairment can be congenital or acquired, but most importantly can be prevented. Obesity is a leading risk factor for heart disease, which means good nutrition and physical activity are crucial in prevention. Avoiding tobacco, trans fat, drinks high in sugar, and curbing your portions are also good ways to combat heart disease.

By taking time out of your busy day to exercise and eat right, you will help make your heart a healthy heart. Which is exactly what Heart Health Month is trying to do.

For more information on Heart Health Month please visit: www.cdc.gov/features/heartmonth.
 

Truck And Bus Drivers Banned From Text Messaging When Behind The Wheel

A new federal law prohibits truck and bus drivers from sending or reading text messages while driving.

The new law was established to help reduce the number of accidents involving “big rigs” and is effective immediately. Truck and bus drivers who text while driving commercial vehicles will be subject to fines upwards of $2,750.

According to the Federal Motor Carrier Safety Administration, drivers take their eyes off the road for an average of 4.6 out of every 6 seconds while texting. At 55 miles per hour, this results in a driver traveling the length of a football field, including end zones, without looking at the road. The research also shows that drivers who text are 20 times more likely to get in an accident than those who keep their eyes on the road. In 2008, nearly 6,000 people died in crashes involving a distracted or inattentive driver, and more than 500,000 were injured.

Nineteen states, plus the District of Columbia and Guam, have passed laws banning texting while driving. Six states, plus the District of Columbia and the Virgin Islands, ban the use of handheld devices while driving. Now, no matter where in the U.S., truck and bus drivers cannot send or read text messages while driving.

Currently in Maine, it is illegal to drive while distracted. The fine for a single traffic infraction can range up to $500 with the surcharges and fees added to the original ticket amount. Examples of distracted driving include: using a cell phone or GPS device, eating, and applying makeup.

At the Law Offices of Joe Bornstein, we see firsthand the results of truck accidents and bus accidents. If you’ve been injured in an accident as a result of someone else’s negligence, call us today for a free and confidential consultation. You may be entitled to compensation.

And the next time you’re behind the wheel, save the distractions for a time when it’s safe to do so, such as the side of the road or at your final destination. It just may save your life.

For more information on distracted driving, including the different laws for each U.S. state, please visit the federal website: www.distraction.gov.

The Law Offices of Joe Bornstein – Maine Lawyers Working For Maine People

Operation Keep ME Warm Helps Heat Maine

Operation Keep ME Warm is helping thousands of Mainers this winter cope with rising energy costs.

The statewide energy and heating assistance program is a partnership between government foundations, private contributions, volunteers, and advocacy groups. The goal of Operation Keep ME Warm is to raise money to help those who do not qualify for federal, state, or local fuel assistance.

Operation Keep ME Warm provides household heating and energy assistance, as well as resources for weatherization, energy audits, food, shelter, legal assistance, counseling, childcare, and elder services.

In an attempt to help Mainers save money, Operation Keep ME Warm offers the following energy saving tips:

1. Close storm windows and use drapes and shades at night to conserve heat.
Estimated Savings - $229.46 per year

2. Close flue dampers on fireplace.
Estimated Savings - $227.92 per year

3. Install faucet flow restrictors and low-flow shower heads.
Estimated Savings - $194.04 per year

4. Tune up your heating system.
Estimated Savings - $190.96 per year

5. Insulate, caulk, and weather-strip your home.
Estimated Savings - $187.88 per year

6. Remove and vacuum your furnace filter every month. Replace it when it cannot be vacuumed clean.
Estimated Savings - $141.68 per year

7. Close and reduce heat in all unoccupied areas.
Estimated Savings - $130.90 per year

8. Replace 60W incandescent bulbs with 13W CFLs.
Estimated Savings - $77.20 per bulb over the life of the bulb

9. Set your thermostat back.
Estimated Savings - $77 annually for every degree set back

10. Insulate heat pipes and duct work.
Estimated Savings - $2.25 per foot for hot water pipes, $3.99 per foot for steam pipes, $2.28 per foot for hot air ducts

By following a few or all of these energy saving tips, you will not only be helping your bank account and living conditions, you’ll also be helping the environment. And that truly is a WIN-WIN situation.
 

For more information on obtaining home heating and energy assistance or the other numerous resources Keep ME Warm has to offer, please visit: www.unitedwaygp.org/what_we_do/keep_me_warm.php
 

Distracted Pedestrians Walk Into Accidents

Distracted drivers have generated much attention over the past few years -- Enough to get many states to ban cell phone usage and text messaging while operating a motor vehicle. Lately, however, a new phenomenon has emerged: distracted walking.

As cell phones, MP3 players, and other mobile devices become more and more ubiquitous, there has been an increase in injuries suffered by pedestrians. People everywhere can be seen walking while talking on cell phones, sending text messages, listening to music, and surfing the web. What they are seemingly failing to see, is what’s right in front of them.

In 2008, more than 1,000 pedestrians visited emergency rooms because they were injured while walking and talking or walking and texting. The number is double that of 2007, which is twice as much as 2006. Along with the increasing number of injuries is the number of people with mobile devices, both of which show no signs of slowing.

Most injuries suffered by distracted walkers are minor, such as bumps, bruises, sprains and fractures, but in the most extreme cases, the injuries can be fatal. The majority of the injured are under the age of 30, those who spend the most amount of time with their various gadgets, but over a quarter fell under the baby boomer category. Deaths have been reported of people who walked into oncoming buses, trains, and trucks while listening to music and talking on the phone.

Researchers have found that the problem isn’t only a matter of misstepping while multitasking, it’s that talking or texting has a cognitive effect on people, capturing much of their awareness. Some people are so oblivious to their surroundings when engaged with a mobile device that they fail to see life unfolding around them. Researchers call this phenomenon “inattention blindness.”

In California and Texas, campaigns have sprouted warning pedestrians to be focused on the task at hand and put safety first. In accidents that are caused by pedestrian distraction, not only is the pedestrian putting himself or herself in harm’s way, but also those in nearby vehicles, crosswalks, and sidewalks. And cell phones aren’t the only way pedestrians can be distracted, looking in a different direction than you’re headed, eating on the run, attempting to find something in a backpack or luggage, and being lost in thought can also disrupt one’s walk.

At the Law Offices of Joe Bornstein we see firsthand injuries suffered by pedestrians. If you’ve been injured by the negligence of someone else, call us today for a free and confidential consultation. You may be entitled to compensation.

And remember, if it would distract you while you’re driving, it will distract you while you’re walking. That and keeping your focus may just keep you out of the emergency room, which is a distraction nobody needs.
 

Maine Housing Search Makes Moving Easy

A new website is making finding a new home or apartment in Maine easier.

Mainehousingsearch.org is an online rental listing service that “links people who need housing with the housing they need.” Funded by the Maine State Housing Authority, the Department of Health and Human Services, and 2-1-1 Maine, the website is designed to help Mainers with all of their house hunting needs.

Currently, the website has over 700 listings with over 7,000 units and 450 vacancies across all 16 Maine counties, with the numbers expected to grow. Searches can be done on criteria such as location, price, and accessibility features, and vacancy details are updated daily. Maps and pictures of properties are also available, as well as a calculator to help determine what’s in your price range depending on your income. All property managers and owners who list on the site must abide by Fair Housing and Equal Opportunity regulations that prohibit discrimination.

The website offers a rental checklist that can be printed and brought to properties to track what each has and what each needs, a sample moving expense spreadsheet, a calculator to help figure out exactly how much a move will cost, and a glossary of different housing definitions. The website also acts as a reference for other services that can be helpful when searching for a home, including many educational links.

For homeowners and landlords, the benefits of listing property on the website include a statewide marketing campaign and the ability to update information in real time. The information can be accessed 24-hours a day at the prospective buyer or renter’s leisure.

While the housing website is still new, the state funded programs that started the site are committed to making it the most popular rental listing service in Maine. The centralized information is free, and for those without access to the internet they can call 1-877-428-8844 for a complete housing listing. And perhaps in due time, mainehousingsearch.org will be the place to be online if you’re looking to move in Maine.

For more information about the new housing website and to view all of its resources including available homes and apartments, please visit www.mainehousingsearch.org.
 

Maine Heating Assistance Helps Keep You Warm

With winter in mid-season form, Mainers are feeling the freeze. Unfortunately, when temperatures drop, oil prices don’t typically follow. There are, however, programs that can help Mainers heat their homes during a cold frigid winter.

The Low Income Home Energy Assistance Program (LIHEAP) assists those who cannot afford to heat their home or pay electric bills. The federally funded program aids those in need both throughout Maine and nationwide.

Maine State officials report that over 49,000 households have already applied for help with heating bills this winter, with approximately 46,000, or 94 percent, being approved benefits. On average, families receive roughly $940 for the winter, an increase of $200 from last year. The amount of money a family receives depends on household size, income, and overall energy costs.

The Maine State Housing Authority expects the federal program to assist over 70,000 homes in Maine this winter. Despite the high percentage of homes applying and receiving benefits, it is estimated that only 15 percent of eligible homes take advantage of LIHEAP’s benefits. Even if heat is included in rent, a home or apartment may still be eligible. Last year, 61,000 homes benefited from LIHEAP’s financial aid.

To apply for heating assistance, Mainers should contact the regional agent that serves their county and provide them with the required information, including: names and social security numbers of all family members living in your home, proof of gross household income, proof of present address, and recent copies of utility bills. The list of regional agents can be found on the Maine Housing website: www.mainehousing.org or by calling 1-800-452-4668. The average wait time to be approved for assistance from LIHEAP is six weeks.

Due to rising oil prices, cold temperatures, and a struggling economy, Congress voted to extend LIHEAP benefits to more families throughout the U.S. and increase the level of benefits. A total of $4.5 billion dollars is being doled out to needy families this winter, with nearly $28 million allocated to Maine. To qualify, a household’s income must fall within 230 percent of the poverty level, or 75 percent of the state’s median income. In 2009, 75 percent of the U.S. was eligible for assistance.

For Mainers who need immediate heating assistance, such as those whose oil tank is dangerously low and cannot afford to fill it, they should call 2-1-1. The toll-free non-profit service directs calls to local resources that can help those who need immediate relief. For those that expect their need to last an extended period of time, they should contact LIHEAP.

Thanks to the federal Low Income Home Energy Assistance Program and the goodwill services of 2-1-1 Maine, people across Maine and America won’t be left in the cold this winter. And that’s warm news nationwide.

For more information on LIHEAP, please visit: http://www.mainehousing.org/ENERGY
 

Texting While Driving Bans Increase

On January 1st, New Hampshire became the latest state to make texting while driving illegal. Maine’s southerly neighbor joined the ranks of seventeen other states, Guam, and the District of Columbia, where driver safety is of utmost importance. In New Hampshire, the fine for texting while driving is $100.

Though not yet illegal in Maine, texting while driving is a dangerous distraction. As other states, including Maine, debate legislature to make texting while driving illegal, it’s safe to say that it’s only a matter of time before being banned in all fifty states. Currently in Maine, it is illegal to drive while being distracted.

The ban in New Hampshire also forbids twittering, typing on a laptop computer, and using other electronic devices that require drivers to take their hands off the steering wheel and eyes off the road. Some states have even gone so far as to ban cell phone usage while driving unless done so using a hands-free set. Regardless of the state and regardless of its current laws, multitasking while driving is extremely dangerous.

A study conducted by the Virginia Tech Transportation Institute found that the risk of collision by a truck driver is 23 times higher when he or she sends or reads text messages. When that same driver is talking on a cell phone, the risk is 7 times higher. Studies in New Hampshire have shown that crashes involving distracted drivers and drivers who cross the center line account for 21 percent of driver fatalities.

In 2009, a crash between a commuter train and an oncoming freight train killed 25 people in California. Federal investigators found that the conductor who was distracted and ran a red light, sent a text message 22 seconds before the accident occurred.

At the Law Offices of Joe Bornstein, we see firsthand the effects of fatal accidents. Don’t be a statistic, keep your eyes on the road and take care of communications prior to your travel or pull off to the side of the road. In the event that you or a loved one are injured in an accident caused by someone else’s negligence, call us for a free and confidential consultation. You may be entitled to compensation.

And remember, the next time you’re behind the wheel, an aware driver is a safe driver. And consider that if our neighbor, New Hampshire, whose state motto has long been "Live Free or Die," is banning texting while driving, it is for good reason.

For more information on Maine state driving laws, please visit: www.drivinglaws.org/maine.php
 

Obstructed Windshields In Winter: Clear The Snow

After a dusting of snow, sleet, freezing rain, or hail, it’s necessary to clean off your windshield. It’s necessary in order to see and drive safely, and now it’s necessary because it’s the law.

Maine State Police are warning drivers to clear their windshields completely after a snowstorm before taking to the roads. If a driver’s windshield is obstructed, he or she will be fined. Fines for an obstructed windshield reach upwards of $135.

The law is for both the driver’s benefit as well as all other motorists on the road. An estimated 90 percent of driving decisions are based on a clear and unobstructed view of the road, making good visibility essential. In addition to clearing windshields, drivers must also clear their windows, side mirrors, and front and back headlights.

There’s no denying that driving during the winter in Maine can be dangerous. Now, however, the days of “peephole” driving have come to an end and the winners are Mainers statewide. Yet while the inclement weather continues to fall, there’s more to driving safe than having a clean car. Driver’s should be aware of their surroundings, alert of road conditions, drive safely and slowly, and be prepared by keeping an emergency roadside assistance kit in your car. By taking precautions while on the road, safety will help take you to and from where you want to go during a slippery Maine winter.

At the Law Offices of Joe Bornstein we see firsthand the effects of dangerous winter driving. If you’ve been injured in an accident by the negligence of someone else, call us today for a free and confidential consultation. In over 35 years, the Law Offices of Joe Bornstein has helped over 15,000 Mainers the justice they deserve.

And the next time Mother Nature showers our great state with snow, sleet, freezing rain, or hail, clean your car before you drive. It will not only save you money, it just may save your life.

The Law Offices of Joe Bornstein – Maine Lawyers Working For Maine People


 

Carbon Monoxide Detectors Now Mandatory In Homes

New home owners in Maine must now prove that their house has a carbon monoxide detector.

A new Maine law is designed to reduce the risk of poisoning by carbon monoxide. The colorless, odorless, and invisible gas is a byproduct of burning fuel such as oil, propane, coal, and wood, and is extremely dangerous. On average, 400 people die annually in the United States with another 1,500 injured due to carbon monoxide poisoning.

The new law, known as “An Act To Protect Maine Residents from Home Fires and Carbon Monoxide,” covers apartment buildings and single and multi-family homes. Roughly 9,000 of the state’s 450,000 homes are bought and sold each year. Currently, 30 of the 50 U.S. States have some sort of requirement for carbon monoxide testing.

Economic concerns are at the foundation of the new law, as tough financial times could lead to the neglect of a furnace or failure to purchase a carbon monoxide detector. Henceforth, home sales now include a declaration that must be signed by the purchaser stating that the home does indeed have a carbon monoxide detector. Also included in the law are homes under rental agreements and month-to-month leases. A carbon monoxide detector can cost as little as $20.

In Maine, over the past five years, there has been an increase in carbon monoxide poisoning. The new law was enacted to help reduce the risk of preventable fatalities across the state and has been a welcome addition by the Maine State Police and code enforcement officers. By following the law, you will not only avoid being penalized upwards of $500 dollars, you will also potentially save the life of a loved one.

For more information on the new “Act To Protect Maine Residents from Home Fires and Carbon Monoxide” please visit:

http://www.mainelegislature.org/legis/bills/bills_124th/billpdfs/SP021201.pdf
 

In Maine, Utilities Stay On During Winter Months

According to the Maine Utility Regulators, Mainers who make an attempt to pay their utility bills will not have them shutoff during the winter. The grace period runs from November 15, 2009 to April 15, 2010.

The Public Utilities Commission (PUC) states that Mainers who contact their gas or electricity company, or the PUC, to make reasonable payments will be exempt from having their utilities disconnected during the winter months. The PUC’s Consumer Assistance Division will help with affordable payment arrangements and find financial assistance for those in need.

Special arrangements can be made to help offset the immediate cost of high utility bills through a payment plan. The assistance helps spread the high cost of utilities during the winter over the course of the calendar year. The entire back bill must be paid in full by November 1st of the following year.

If you receive a notice saying that a utility is being shut off due to lack of payment, first and foremost call and speak with the utility company. Their phone number will be on the notice you receive or a past bill. If the situation does not get resolved, call the Consumer Assistance Division of the Maine PUC at 1-800-452-4699, or visit them online to file a complaint at: http://www.maine.gov/mpuc/consumer/file_complaint.shtml.

If you contact the Consumer Assistance Division before your disconnect date your utilities will stay on while they investigate the matter. You will need to keep making payments or make arrangements to pay while the investigation is ongoing, but doing so will keep your utilities on. If legal help is needed, the Pine Tree Legal Assistance is available to help.

For more information on how to ensure your utilities stay on during the upcoming cold Maine winter, please contact the Maine Public Utilities Commission at: http://www.maine.gov/mpuc/.

Zimmer Hip Replacement Recall

Between 2006 - 2008, over 12,000 hip replacement patients were implanted with the Zimmer Durom prosthesis cup. The product was designed for use in young, active patients likely to outlive a conventional hip prosthesis. Unfortunately, many of these patients have suffered following surgery.

Intended for patients with noninflammatory degenerative joint disease such as arthritis, rheumatoid arthritis, and avascular necrosis (bone death caused by poor blood supply), the Zimmer Durom prosthesis cup is currently under investigation by the Food and Drug Administration (FDA). The cup, also prescribed for conditions needing a longer-lasting fix, such as replacements for previously failed surgery, was voluntarily removed from the marketplace after multiple complaints from patients, surgeons, and doctors.

Manufactured by Zimmer Holdings, the nation’s largest manufacturer of orthopedic medical devices, the Durom Cup was first approved for use in the U.S. in 2006. The cup had been used in international markets since 2001 with excellent clinical results, but was taken off the market after an estimated 5 percent of patients implanted suffered severe complications. In July 2008, Zimmer suspended sales of the product after reports that the cup was defective and failed to bond in many patients, often requiring painful revision surgeries.

Primarily used in Total Hip Arthroplasty surgeries (THA) and on occasion for hip resurfacing abroad, the Durom Cup is imbedded in the hip socket forming the ‘ball’ of the ball and socket that replaces the hip joint. The appeal of the implant is a quick and easy recovery from surgery with the prosthesis lasting 15-20 years. Two years after sales of the product began in the U.S., the product is off the market.

The following symptoms have occurred in patients following surgery with the Zimmer Durom Cup, some just a few months after, some upwards of two years later:

• Continuing pain in hip area.
• Feeling that your leg will “give out.”
• Feeling that something is loose in your hip.
• Pain and stiffness from sitting or standing too long.
• Sharp pain in the groin when moving upright.
• Discomfort when rotating leg.

Due to loosening, trauma, infection, or chronic dislocation, hundreds of patients have needed a second revision surgery. The corrective surgery is typically painful, and unfortunately for patients, due to the faulty product.

If you or a loved one has had a Zimmer Durom Cup surgically implanted and has endured pain and discomfort since, you should contact a physician immediately. And if you or a loved one is in need of a second revision surgery due to a faulty Zimmer Durom Cup implant, contact the Law Offices of Joe Bornstein today for a free and confidential consultation. You may be entitled to compensation.

The Law Offices of Joe Bornstein – Maine Lawyers Working For Maine People

New Heating Law Saves Renters Money

A new energy law can save renters money this winter.

The new law states that tenants and landlords can negotiate a rent decrease if heat in a place of residence is kept under 68 degrees. The idea is that by lowering the heat landlords can save on the overall cost, ultimately passing on the savings to the tenants.

When negotiating a decrease in rent, a landlord may provide heat lower than 68 degrees only if an agreement is signed by both the tenant and landlord.

The agreement must:

• Be written in plain English in at least 12 point font.
• Be separate from the lease.
• State that the landlord and tenant are free to cancel agreement with reasonable notice.
• Set a minimum thermostat temperature of no less than 62 degrees.

There’s no set amount to the rental discount, as it’s left up to the discretion of the landlord and tenants, however, the savings may be significant enough for some Mainers to consider.

A sample heating agreement can be found at: www.ptla.org/ptlasite/PDF/heating_agreement.pdf.

The new law attempts to establish a minimum heating level and excludes renters with children under the age of five and those over the age of 65. The law does not protect tenants who control their own thermostat and choose to set it lower than 68 degrees, nor can tenants or landlords set the thermostat below 62 degrees.

By state law, a heating system in a rented residency must:

• Be able to heat a unit or building to 68 degrees up to 20 degrees below zero.
• Keep pipes from freezing.
• Not “injure the health” of someone living in the building.

If the heating system in your residence does not meet the aforementioned standards, it is advised to speak with your landlord. If that doesn’t work, a formal letter should be sent to your landlord via certified mail and a complaint should be made to a local code enforcement officer. Those with questions on how to act should contact the Maine Pine Tree Legal Assistance for help.

Adequate heat during a long Maine winter is a health and safety concern that should be taken seriously. If you or a loved one is in need of assistance there are many services and organizations available to help. With the help of the new state law and philanthropy of many non-profit organizations throughout the state, Mainers can keep warm during the winter and maybe even save a few dollars while doing so.

For more information on heating assistance in Maine please visit: http://www.ptla.org/ptlasite/news/heating.htm.

Maine Smoking Laws Get Stricter

On September 12th, the State of Maine made smoking in public more difficult. Two new anti-smoking laws were established, making Maine one of the most smoke-free states in the U.S.

New Smoking Law #1: Outdoor Dining Areas Must Now Be Completely Smoke-Free

Restaurant and bar patrons will no longer be able to smoke when in outdoor dining areas such as patios, decks, and other such property. The new law follows that of ten years ago which created smoke-free indoor dining areas and another that established smoke-free bars five years ago. Maine is the third state to ban smoking in outside dining areas.

New Smoking Law #2: Employees Must Now Be 20 Feet From Workplace When Smoking

A recent change to Maine’s Workplace Smoking Act makes it illegal for employees to smoke within 20 feet of their workplace building, including entryways, vents, doorways, and areas where smoke can circulate back into the building. Designated smoking areas must also abide by this new law. Fines for breaking the law range from $100 - $1,500 for both the employee and employer.

Today, approximately 50 million people in the United States smoke. Those that do are at a high risk of heart attack, stroke, and lung cancer. Annually, about 500,000 people die from smoke-related deaths as cigarettes cause more than one in five American deaths. Globally, the number rises to four million deaths per year.

The new Maine laws are designed to help minimize secondhand smoke, which can be just as harmful as smoking itself. Secondhand smoke is a known cause of lung cancer, heart disease, low birth-weight births, and chronic lung ailments such as bronchitis and asthma in children, among other health complications. An estimated 38,000 deaths and over one million illnesses in children are attributed to secondhand smoke in the United States each year.

So put away your cigarettes when in public Mainers because now it’s the law! A law made for the people to protect the people.

For more information on Maine smoking laws please visit: www.tobaccofreemaine.org.
 

Car Accident Fatalities In Maine And Across The Nation Down

Despite more distractions than ever for drivers on the road, car accident fatalities are declining. According to the National Highway Transportation Safety Administration (NHTSA), the rate of driver fatalities is at the lowest it’s been since the government began tracking such data in the 1970’s.

The current recession is a contributing factor to the decrease in driver fatalities, as fewer miles are driven during a downward economic trend. Though despite the smaller number, adjusted figures show that the decrease in fatalities isn’t only because fewer people are on the road. In the first quarter of 2009, for every 100 million vehicle miles traveled there was an estimated 1.1 deaths. By comparison, in 2005, a year in which over 43,000 people died on the roads, that number was 1.45. If current trends continue, it's foreseeable that fewer than 35,000 people will die on U.S. highways in 2009, a number no one could have imagined a decade ago.

Other contributing factors to the decreased number of driver fatalities include:

  • An increased use of seatbelts due in part to the “Click it or Ticket” campaign.
  • Fewer occurrences of drinking and driving thanks to national awareness campaigns.
  • More cars now come with airbags, including side, head and torso protecting air bags.
  • Electronic Stability Control and antilock brakes are increasingly more common. 
  • Increased highway safety such as rumble strips and barriers to prevent drivers from drifting across lanes.
  • New driver distraction laws that make it illegal to be distracted while driving.

Locally, in Maine, the highest rate of driver fatalities in the last ten years was in 2002, when the number of deaths per 100 million vehicle miles driven was 1.5. In 2006, the most recent data available, that number dropped to 1.2. Today, safety regulators are closer to reaching their long term goal of 1.0, a number once said to be unachievable.

At the Law Offices of Joe Bornstein, we specialize in auto accidents and personal injury claims. If you or a loved one has been injured in an accident caused by someone else’s neglect, call us today for a free and confidential consultation. With a staff of eight lawyers and nearly 50 legal professionals, the Law Offices of Joe Bornstein has helped over 15,000 Mainers get the justice they deserve.

The Law Offices of Joe Bornstein – Maine Lawyers Helping Maine People 


 

Fire Prevention Week Honors Local Firefighter

October 4th-10th was National Fire Prevention Week, a time when fire education spreads through the U.S. like wildfire. This year, however, the celebration hit close to home on a more somber note.

On November 17, 2008, firefighter Michael Snowman of Hartland died while responding to a house fire in Detroit, Maine. Snowman was the lone fatality of the fire, and one of 103 firefighters who passed away in 2008 while on call in the U.S. On October 4, 2009, each was honored at the 28th annual National Fallen Firefighters Memorial Service in Emmitsburg, Maryland.

Sponsored by the National Fallen Firefighters Foundation and the Department of Homeland Security, the tribute draws more than 5,000 people annually, including members of Congress and White House officials. At the ceremony, families of fallen firefighters received U.S. flags that had been flown over the U.S. Capitol and the National Memorial.

Fire Prevention Week commemorates the Great Chicago Fire of October 9, 1871, which killed 250 people, left 100,000 homeless, destroyed more than 17,000 structures, and burned more than 2,000 acres. Each year, more than 4,000 Americans are killed by fire, with an additional 20,000 injured. It is estimated that every three hours someone in the U.S. dies from a house fire.

In honor of local firefighter, Michael Snowman, his friends, family, and colleagues, the Law Offices of Joe Bornstein would like to pass along some timely information on fire safety and prevention.

When maintaining your home or office be sure:

  • You have a well planned escape route that is accessible and clear of clutter. Be prepared to exit your home or office from all rooms.
  • Smoke alarms have been tested and work properly.
  • Electrical cords are in good condition.
  • Appliances and lights are plugged into separate outlets.
  • The furnace and chimney have been inspected and cleaned within the past year.
  • Portable heaters are turned off when no one is present and remain three feet from other objects at all times.
  • When cooking, someone remains in the kitchen at all times. Cooking is the number one cause of home fires.
  • To avoid using lighted candles when possible and always keep them three feet away from combustibles. Never leave a burning candle unattended.

In the event that a fire does occur, it’s important to keep both you and your family safe. By making a concerted effort to be prepared, you can help save the lives of those you love, as well as those who endanger their lives to save you. The most dire circumstances in life are often unplanned, which is when planning ahead prepares you.

At the Law Offices of Joe Bornstein, we have represented clients who have been injured in house fires and helped get them the justice they deserve. If you or a loved one is renting a house or an apartment and have been injured due to faulty wiring, inadequate smoke detectors, defective appliances, electrical systems not being up to code, negligent building maintenance, or electrocution accidents, call us today for a free and confidential consultation. You may be entitled to compensation.

And our heartfelt thanks of gratitude goes out to firefighters throughout Maine for keeping our great state safe, and we salute fellow Mainer and fallen firefighter, Michael Snowman, who put his life on the line to save others. The true meaning of “hero.”

For more information on Fire Prevention Week please visit: www.usfa.dhs.gov/.

New Motorcycle Helmet Law For Minors

Motorcyclists and passengers under the age of 18 must now wear a helmet.

Previously, bikers and passengers on motorcycles under the age of 15 were required to wear helmets, however, a recently passed law is making motorcycle safety mandatory.

Motorcyclists must now wear a helmet when:

  • Under the age of 18.
  • Operating under a learners permit.
  • An operator has had their license less than a year.
  • A passenger riding with an operator who is required to wear a helmet.

For those that do not fall under the aforementioned categories, they have the right to choose whether to wear a helmet. And while it’s up to those who ride to decide, it’s common knowledge that helmets help prevent serious head injuries as well as save lives. On average, there are about 20 motorcycle fatalities in Maine each year. A law requiring helmet use by all bikers was repealed in 1977.

At the Law Offices of Joe Bornstein, we respect the law and choices of our fellow Mainers, but see each day the injuries caused by serious motorcycle accidents. If you or a loved one has been injured in a motorcycle accident caused by someone else’s negligence, call us today for a free and confidential consultation. As proud supporters of the United Bikers of Maine and motorcyclists throughout the state, the Law Offices of Joe Bornstein is ready to “Tell The Insurance Companies That You Mean Business!”

For more information on the new motorcycle law please see the Maine State Motorcycle Laws website.  Or call the Law Offices of Joe Bornstein today at 1-800-772-4624.

And the next time you’re out for a ride, be safe and ride smart.

The Law Offices of Joe Bornstein – Maine Lawyers Helping Maine People
 

Car Accidents In Rural Areas On The Rise

According to the National Highway Traffic Safety Administration (NHTSA), motorists in rural areas are more likely to die in motor vehicle accidents than those in urban areas.

Despite more motor vehicle accidents occurring in congested areas, and only 20 percent of the population living in rural areas, 60 percent of traffic fatalities happen on rural roads. One major factor for the high percentage of traffic fatalities is the amount of miles driven. Because homes, schools, businesses, and neighboring towns are spread out, more time is spent behind the wheel. With greater distances to travel, more often than not speed limits are higher, leading to more serious accidents. Typically, there is no public transportation in rural areas.

Another major factor for traffic accident fatalities on rural roads is the lack of seatbelt usage. In 2008, half of the accident victims were not wearing a seatbelt. And, in the event that there is an accident, the time it takes for emergency services to reach an accident scene and transport those in need to a hospital is increased. In rural areas, the average time is nearly twice that of more populated areas.

Other contributing factors to the high percentage of traffic accident deaths in rural areas are that roads are often less maintained and that there are more incidents of drinking and driving. And while redesigning rural roads to make them safer may be cost-prohibitive, some states are retrofitting roadways with rumble strips, grooves, or raised patterns to alert drivers.

As winter approaches, and with it inclement weather, Mainers must be more cautious when driving. Though some locals may say tourist season, winter is the worst time for driving in Maine. Accidents occur daily, and far too often, fatally. Overall, Maine ranked fourth in the U.S. in fatal traffic accidents in rural areas. According to NHTSA statistics, out of the 155 fatal driving accidents in Maine last year, 90 percent occurred on rural roads.

If you or a loved one has been injured in a car accident caused by the negligence of someone else, call the Law Offices of Joe Bornstein today for a free and confidential consultation. In over 35 years of practice, we have represented thousands of Mainers who have been injured or killed in motor vehicle accidents. With a statewide practice and five conveniently located offices, the Law Offices of Joe Bornstein is proud to represent Mainers from the busy streets of Portland to the greener pastures of Aroostook County.

And the next time you’re out on the rural roads, be alert, be careful, and be safe. It just may save your life.

The Law Offices of Joe Bornstein – Maine Lawyers Helping Maine People

Levaquin Linked To Tendon Injuries

Used to treat bacterial infections of the skin, sinuses, kidneys, bladder, or prostate, the prescription drug Levaquin has been linked to an increased risk of tendinitis and tendon ruptures. First approved by the Food and Drug Administration (FDA) in 1996, the drug is also used to treat bacterial infections that cause bronchitis or pneumonia, as well as those exposed to anthrax.

Levaquin is concentration-dependent, meaning it kills bacteria most effectively when the proper amount of medicine has been absorbed into your body. The prescription drug can be taken orally or injected, and costs upward of $100 for treatment. Unfortunately, the drug has been linked to serious tendon injuries.

Tendons are the structures that connect your muscles to your joints. The most common cases of tendinitis and tendon ruptures due to Levaquin involve the Achilles tendon, but cases of the rotator cuff, hand, biceps, and thumb have also been reported. Serious cases of tendon rupture may require surgical repair.

According to the FDA, the risk of developing tendonitis and tendon rupture from taking Levaquin is higher in patients who are over the age of 60, those who are taking steroids, and in kidney, heart and lung transplant recipients.

Symptoms of tendon rupture include:

  • Pain, swelling, or inflammation in a tendon area. 
  • A snap or pop in a tendon area. 
  • Bruising right after an injury in a tendon area. 
  • Inability to move the affected area or bear weight.

Between November 1997 and December 2005, the FDA received 262 reported cases of tendon ruptures, 258 cases of tendonitis, and 274 cases of other tendon disorders associated with the drug sold by Ortho-McNeil Pharmaceutical, Inc. From January 2006 through March 2007, the FDA received 74 additional reports of tendon ruptures, for a total of 336 reported cases.

In 2008, the FDA forced Ortho-McNeil to place a Black Box warning on the label of Levaquin regarding its link to tendon damage, the strongest warning the FDA will give a drug. However, by the time the warning was in place, many consumers had suffered serious injuries. In some instances, Levaquin tendon ruptures require victims to undergo surgery and extensive rehab, and in the most severe cases, victims never recover from their injuries.

If you are taking Levaquin, you should consult with your physician before making any changes or discontinuing taking the medication. Decision about when to start or stop taking a medication should be made in consultation with your physician. And if you or a loved one has suffered problems with tendinitis or tendon ruptures related to the drug Leviquin, contact the Law Offices of Joe Bornstein today for a free and confidential consultation. You may be entitled to compensation.

The Law Offices of Joe Bornstein – Maine Lawyers Working For Maine People
 

Reglan Linked To Involuntary Muscle Movement

Reglan, the prescription drug used to treat gastrointestinal conditions in children and adults, is under investigation by the U.S. Food and Drug Administration (FDA). Also known by the generic name, metoclopramide, the drug has been linked to Tardive Dyskinesia, an involuntary muscle movement commonly found in the face or tongue, as well as body extremities.

Metoclopramide is the main ingredient found in gastrointestinal medicine and helps speed up the movement of a patient’s stomach muscles. The increase in movement shortens the time it takes for the stomach contents to empty into the intestines. The drug is approved to be taken in short-term in periods of no longer than three months, however, many patients have been prescribed the medication for a year or more. Currently, Reglan is available in the form of tablets, oral disintegrating tablets, oral solutions, and injections.

Tardive Dyskinesia is a permanent and severe condition that affects the central nervous system and leads to involuntary, repetitive movements of the face and extremities. The symptoms may be reduced or eliminated if the patient stops taking Reglan for gastrointestinal problems, however, there is currently no effective treatment for the disorder.

Symptoms and Signs of Tardive Dyskinesia:

  • Facial grimacing 
  • Repetitive chewing 
  • Jaw swinging 
  • Tongue thrusting 
  • Involuntary movements of the extremities 
  • Lip smacking, pursing, and puckering
  • Rapid eye movements or blinking 
  • Impaired movement of the fingers.

In February 2009, the FDA announced a black box warning for Reglan cautioning users of the drug's link to Tardive Dyskinesia. The development of this condition is directly related to the length of time a patient has been taking Reglan and the number of doses taken. The FDA is also requiring manufacturers to research and provide patients with a medication guide explaining the risk of Tardive Dyskinesia with chronic metoclopramide treatment. It is estimated that more than two million people in the U.S. currently use products containing metoclopramide. Those at the greatest risk include the elderly, especially older women, and people who have been taken the drug for a long time.

If you are taking Reglan or metoclopramide, you should consult with your physician before making any changes or discontinuing taking the medication. Decision about when to start or stop taking a medication should be made in consultation with your physician. And if you or a loved one has suffered any side effects related to Tardive Dyskinesia while taking the gastrointestinal drugs, contact the Law Offices of Joe Bornstein today for a free and confidential consultation. You may be entitled to compensation.

The Law Offices of Joe Bornstein – Maine Lawyers Working For Maine People
 

Pedestrian Safety: Make Room For A New Law

Pedestrians, by law, now have more room to run and walk when on the road. A new law protecting pedestrian safety states that drivers must leave at least three feet of clearance between their vehicle and a pedestrian when passing. The decree is a continuation of a similar law for passing bicyclists.

The new law went into effect on September 12th and is being considered by many as an awareness act. Known as “An Act To Improve the Health of Maine Citizens and Safety of Pedestrians," drivers must now be more cautious of their actions around pedestrians or they will be fined.

Runners and walkers are required by Maine law to use a sidewalk when available. When one is not, they must travel facing traffic in the road’s shoulder. Bicyclists, however, must ride on the street with the flow of traffic. A driver may pass a pedestrian in a no-passing zone only when it’s safe to do so.

At the Law Offices of Joe Bornstein we see firsthand the results of pedestrian and bicycle accidents. The results are disheartening as a pedestrian is no match for a moving vehicle. So the next time you’re on the road and see a pedestrian or bicyclist enjoying the fresh Maine air, give them some room to breathe, because now it’s the law.

For more information on the new law protecting the safety of pedestrians please visit: http://www.mainelegislature.org/legis/statutes/29-A/title29-Asec2056.html.

Swine Flu Prevention And Health Safety Tips

As the weather cools towards winter, colds, flu’s and virus’s become more and more prominent. And with the cooler temperature comes an increased amount of time spent indoors for Mainers, enhancing the opportunity for germs to spread throughout your home and office.

More commonly known as the H1N1 virus, or swine flu, the 2009 flu pandemic is a global outbreak that can be fatal if contracted. Symptoms of the illness are similar to a normal seasonal flu, yet are escalated and prolonged, especially in the very young or very old. According to the World Health Organization, annual influenza epidemics affect an estimated 5 to 15 percent of the world’s population, causing nearly 500,000 deaths annually. The 2009 flu pandemic is expected to peak in North America by mid-winter.

At the Law Offices of Joe Bornstein, we’ve taken several health safety precautions to help prevent the spread of the 2009 flu pandemic, as well as the common cold. With the proper preparation, we can do our best to keep friends, loved ones, and most importantly, ourselves, healthy and happy. Which is exactly what we intend to do.

Here are some health safety tips that we’d like to share with you:

In General:

  • Wash hands frequently and always before you eat. If antibacterial soap is not available, use hand sanitizer or hand wipes.
  • Cover your mouth and nose when sneezing. This prevents germs from spreading.
  • Avoid touching eyes, mouth, and nose.
  • Minimize sharing drinking cups or bottles.
  • Stay healthy with good nutritional habits, exercise, and plenty of sleep. Healthy habits help strengthen your immune system.
  • If you do become sick, see a doctor to get proper treatment and stay home from work or school to prevent passing on the virus.

At Home:

  • Use air filters and hang house plants to help purify the air. 
  • Run sponges through the dishwasher and wash kitchen cloths in hot water.
  • Use a disinfectant twice a week in your bathroom. Studies have shown that a bathtub or shower contains more germs than a trashcan. 
  • Change toothbrush every 3-4 months.
  • Sanitize steering wheels in all vehicles.

At Work:

  • Clean or disinfect telephones, computer keyboards, and other work surfaces. 
  • Use hypochlorite-cleaning solutions to clean faucets, doorknobs, light switches, microwave touch screens, and other frequently used items.
  • Avoid contact with sick colleagues.

The 2009 flu pandemic has been in the public eye since the spring, and for good reason, there have been over 4,000 confirmed deaths linked to the disease worldwide. By following these health safety tips, not only will you be healthy, you’ll also help keep your family, friends, and co-workers healthy. And at the end of the day, your health is your biggest wealth.

For more information on germ prevention please visit: http://www.cdc.gov/h1n1flu/.
 

Yaz/Yasmin Birth Control Drugs Under Investigation

The birth control drugs Yaz, Yasmin, and the generic Ocella, are under investigation by the U.S. Food and Drug Administration (FDA). The oral contraceptive pills have been linked to blood clots, heart attacks, and strokes. Gallbladder disease is also a common side effect, as many previously healthy women have experienced gallstones and been forced to have their gallbladder surgically removed. Since 2004, over 50 deaths have been associated with the drugs. 

First approved by the FDA in 2006, Yaz has become one of the most popular birth control pills on the market today. Amidst a nationwide advertising campaign in 2007, sales of Yaz exceeded $600 million in the U.S. Recently, however, the campaign has been called "deceptive" and "misleading," as it downplayed life threatening illnesses while promoting the drug's benefits.

Unlike most oral contraceptive, Yaz comes in a 24/4 dosage, meaning the first 24 pills supply a dose of hormones while the last four are hormone free. The drug contains a synthetic type of progestin called drospirenone which can lead to hyperkalemia, a condition caused by excessive amounts of potassium in the blood. This medical condition can result in potentially serious heart and health problems.

The birth control pill, Yasmin, was approved by the FDA in 2001. The drug differs from Yaz in that it contains a higher amount of estrogen and is taken on a normal 21/7 cycle. Combined U.S. sales of the two drugs manufactured by Bayer HealthCare Pharmaceuticals equal roughly $1 billion. Both are under scrutiny for causing serious life threatening side effects.

The two most common uses of Yaz/Yasmin are to treat: 

  • Premenstrual Dysphoric Disorder (PMDD), a mood disorder likened to an extreme form of PMS. 
  • Moderate acne in females over 14 years old.

Common PMDD symptoms include:

  • Anger 
  • Irritability 
  • Depression
  • Anxiousness
  • Bloating 
  • Change in appetite 
  • Headaches 
  • Muscle aches

Reports of elevated potassium levels are frequent among women suffering fatalities while using Yaz/Yasmin. In addition to death, the drugs have the potential to cause severe physical side effects including:

  • Gallbladder disease
  • Blood clots, which can cause severe damage to the brain, heart, and lungs.
  • Deep vein thrombosis (DVT), a condition in which blood clots lodge in the body's deep veins and block healthy circulation.
  • Heart attack 
  • Liver damage
  • Migraines 
  • Pulmonary embolism, a condition in which blood clots lodge in the lungs causing breathing difficulties and chest pain. 
  • Severe allergic reactions 
  • Stroke 
  • Breast lumps

Emotional side effects associated with use of Yaz/Yasmin include:

  • Anxiety 
  • Depression 
  • Panic attacks

If you are currently taking Yaz, Yasmin, or Ocella, you should consult with your physician before making any change or discontinuing taking the medication. Decision about when to start or stop taking a medication should be made in consultation with your physician. And if you or a loved one has suffered any of the potentially life threatening side effects brought on by the oral contraceptive drugs, call the Law Offices of Joe Bornstein today at 1-800-772-4624 for a free and confidential consultation. You may be entitled to compensation.

The Law Offices of Joe Bornstein – Maine Lawyers Working For Maine People
 

Distracted Driver Law Keeps Eyes On The Road

Beginning September 12, a new Maine law will help alter the course of accidents. Now, no longer can a driver operate a vehicle while distracted without being penalized.

The new distracted driver law is an attempt to cut down on accidents in Maine. Many states have previously banned the use of cell phones or text messaging while driving, however, Maine isn’t looking to technology as the root of the problem. It is instead hedging the most common denominator, drivers being distracted.

An estimated 12,000 accidents occur each year in the state of Maine due to a distracted driver, or roughly one-third of the total accidents in the state. Nationwide, the number soars to an estimated 5 million. State and local police will now be on the lookout for drivers who are acting carelessly or are distracted while driving and impose fines. A first offense of the new law carries a $50 fine, a second can be upwards of $250.

There is no set standard as to what qualifies as being distracted, rather it is open to an officer’s discretion. If an officer sees a distracted driver, he or she will pull you over. Distractions that have been known to cause accidents include:

  • Use of cell phone
  • Use of GPS system
  • Changing the radio 
  • Eating
  • Applying make-up
  • Brushing your teeth
  • Fooling around with friends

The new law does not attempt to stop driver actions, it instead hopes to minimize their effects and keep both drivers and pedestrians safe. For those that concentrate on the road, they will be in the clear. For those that are easily distracted or preoccupied, they will be fined.

At the Law Offices of Joe Bornstein we see firsthand the results of motor vehicle accidents. In attempt to maintain your health and the overall safety on the highways and byways of Maine, we’d like to offer you the following driving advice:

Keep your eyes on the road and hands upon the wheel.

For more information on the new distracted driver law please visit: www.drivinglaws.org/maine.php.
 

 

Over The Limit? Under Arrest!

For two weeks, Maine has joined its fellow states by increasing law enforcement over the Labor Day holiday. The extra on duty attention is the latest attempt to curb drinking and driving, which remains one of America’s deadliest driving offenses. In 2008, nearly 12,000 people died in highway accidents involving drivers with a blood alcohol content over the legal limit.

The national campaign, known as "Drunk Driving. Over the Limit. Under Arrest.”, runs from August 21st through September 7th and is sponsored by the National Highway Traffic Safety Administration (NHTSA). The campaign involves all fifty states and includes sobriety checkpoints and saturation patrols, as well as a $13 million national media campaign supplemented by state-funded advertising. This year, specific focus is being put on women, as drunk driving incidents for females were up nearly five percent nationwide in 2008.

In Maine, the Maine Bureau of Highway Safety has partnered with more than 50 local police departments, 11 county sheriffs, and Maine State Police, sharing over $300,000 in federal money to fund additional patrols. Roadblocks and OUI patrols have been and will continue to be setup throughout the Labor Day holiday, and television and radio commercials are warning drivers that they will be arrested if they drink and drive. In total, over $50 million will be dispersed throughout the U.S. in an attempt to stop drinking and driving.

Currently, all fifty states have established a threshold of .08 as the legal blood alcohol limit to drive. However, drunk driving remains fatal. The good news is that if people were to take a few preparatory actions, dire circumstances could be avoided.

The following are some tips to help keep you out of trouble with the law, and most importantly, safe:

  • Plan ahead. If you are going to drink alcohol with friends, designate a sober driver before going out and give that person your keys. 
  • If you didn’t plan ahead and you’re impaired, call a taxi, use public transportation, or call a sober friend or family member to get you home safely. 
  • Promptly report drunk drivers that you see on the road to law enforcement. By doing so you may be saving their life as well as your own.
  • Wear your seat belt while in a car or a helmet and protective gear when on a motorcycle as these are your best defenses against an impaired driver. 
  • If you know someone who is about to drive or ride while impaired, take their keys and help them make other arrangements to get to where they are going safely.

Drinking and driving is a serious offense that too often leads to serious and fatal results. Don’t be a victim or worse yet a statistic. Instead, take a cue from the crackdown and help make drinking and driving a thing of the past.

For more information on the two-week national crackdown on drinking and driving, please visit: www.stopimpaireddriving.org.
 

Maine Holocaust Museum Recognized Nationally

The Holocaust and Human Rights Center of Maine (HHRC) recently received an institute award for its structural design. The Center was one of eleven buildings recognized in the 2009 Innovative Design in Engineering and Architecture with Structural Steel awards program (IDEAS2).

Sponsored by the American Institute of Steel Construction, the program acknowledges structural designs where steel has been utilized in an innovative manner. The eleven 2009 IDEAS2 winners were chosen from nearly 100 submissions received from architectural and engineering firms. The Holocaust and Human Rights Center of Maine’s structure was selected for its unique design and impressive profile, which sits on the campus of the University of Maine in Augusta.

Founded in 1985, the HHRC educates and advocates for human rights and dignity, as well as celebrates diversity. Through history lessons on the Holocaust, the nonprofit organization strives to show what can happen when basic human rights are removed. The Center works to reduce prejudice while creating an environment of tolerance, acceptance, and well-being among everyone. 

The national award brings national recognition to a museum on the verge of celebrating its 25th anniversary. The museum was one of four projects selected with a budget under $15 million, along with seven other structures whose budgets were between $15 million and $75 million, and over $75 million. With curved glass and arching copper walls, the awe-inspiring museum was built for $1.8 million in 2006.

The HHRC is a nonsectarian, nonpartisan organization. Through their outreach program, the Center offers numerous free opportunities for Mainers to learn about the Holocaust. Workshops and seminars are available for teachers, photographic exhibits are available for loan to galleries, and speakers are available for students, church and community groups. Also, the museum presents four scholarships and awards annually to high school students and deserving community members.

The Law Offices of Joe Bornstein is proud to offer our sincerest congratulations to the Holocaust and Human Rights Center of Maine for their recent recognition, to which we say, Mazel Tov. May their remembrance of history continue to grow and educate future generations for years to come.

For more information on the Holocaust and Human Rights Center of Maine please visit their website: www.hhrc.uma.edu.

And for a complete list of the 2009 IDEAS2 winners please visit: www.aisc.org/content.aspx?id=536
 

Texting While Driving Is Dangerous

A recent study found that texting while driving is among the most dangerous things a driver can do.

The study monitored truck drivers via in-cab video cameras to find that the risk of accident increases 23 times when sending or reading a text message. On average, drivers were taking their eyes off the road for an estimated 4.6 seconds to read or send messages, equivalent to the amount of time it would take an 18-wheeler at normal highway speeds to travel the length of a football field.

Currently, only 14 of the 50 U.S. states have a ban on texting while driving. Although in Maine drivers under the age of 18 are not allowed to use a cell phone while operating a vehicle, our state is not among those that impose a ban on texting. In June of 2009, however, Governor Baldacci signed a law that states there will be a fine imposed to drivers who commit traffic violations or are involved in a reportable accident when operating a vehicle while distracted. The new law goes into effect in September. The new study should continue to sway legislature and cell phone users alike.

The issue of texting while driving has recently come to national prominence. In May, more than 50 people were injured when a trolley car in Boston crashed while its driver was texting with his girlfriend. Last September, a commuter train in Los Angles crashed into a freight train seconds after the driver had received a text message and missed a red light. 25 passengers died in the accident, with over 130 more injured.

The National Highway Traffic Safety Administration and Virginia Tech Transportation Institute revealed that 80 percent of accidents and 65 percent of near-accidents involve some form of driver distraction occurring within three seconds of the crash. Distractions that lead to vehicle crashes include:

  • Cell phone use.
  • Reaching for moving objects inside the vehicle.
  • Looking at an object or event outside of the vehicle.
  • Reading while driving.
  • Applying makeup.

More and more, insurance companies are now researching driver phone usage before accidents to help determine liability. In 2006, more than 158 billion text messages were sent in the U.S. with over a trillion sent worldwide. Those numbers are expected to continue to increase exponentially.

At the Law Offices of Joe Bornstein we see firsthand the results of tragic motor vehicle accidents. By eliminating distractions while on the road, including text messaging, your odds of having a safe commute increase considerably. It is a proven fact that we cannot urge enough.

So the next time you’re on the road and get a message from a friend, wait to you get off the road to respond. By doing so both you and your fellow commuters will thank you.

For more information on Maine’s driving laws, please visit:  http://www.maine.gov/portal/travel/transportation/highways.html

Nursing Home Neglect

Making the transition to a nursing home is a life changing decision. As our elderly become less independent, there comes a time when moving to a nursing home may be inevitable. It is our hope, expectancy, and assumption that our loved ones will be safe in their new community. Unfortunately, however, that’s not always the case.

By definition, a nursing home is a place of residence for those who need continuous care on a day-to-day basis. Elderly who can no longer care for themselves, adults with physical or mental disabilities, and those who need to convalesce following an injury or illness are typical nursing home residents. Services provided in nursing homes are often performed by nurses, social workers, recreational assistants, and physical, occupational and speech therapists.

Today, over 1.6 million Americans reside in over 16,000 nursing homes. More common than ever, these residences are becoming communities with the amenities of a hospital. And with the Baby Boomer generation aging, demand for nursing homes will soon be at an all time high.

With the high number of nursing homes and patients, regrettably comes neglect and abuse. Nursing homes are often understaffed with workers who are under qualified, insufficiently trained, and overworked. Often times, residents of nursing homes are unable to communicate their experiences due to mental or physical restraints. The subject is disheartening and is a serious problem, and should not be taken lightly.

Federal regulations oversee nursing homes and their staff, with some states adopting even stricter laws. In 1987, Congress enacted legislation for nursing homes participating in the Medicare and Medicaid programs to comply with certain requirements for quality of care. The Nursing Home Reform Act, as the law is called, specifies that a nursing home must provide services and activities to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident.

Under the Nursing Home Reform Act, nursing home residents have the following rights:

  • Access To Information – Residents and family members may inquire about available services and their charges, a facility’s policies and procedures, contact information for the state ombudsman, and a review of the state survey report on a facility.
  • Participation In Care – Residents must receive adequate and appropriate care, be informed on any medical condition and involved in the planning to care for it, can refuse medication or treatment and be offered alternatives, and review their medical reports.
  • Ability To Make Independent Choices – Residents may participate in facility activities, including a resident’s council.
  • Privacy And Confidentiality – Residents have the rights to private phone calls, meetings with family, friends and fellow residents, have access to health providers, and confidentiality of medical, personal and financial affairs.
  • Security For Possessions – Residents have the right to manage financial affairs and file a complaint for abuse, neglect, or misappropriation of property.
  • Concerns And Complaints – Residents have the right to present grievances to the staff or others without fear of retaliation, and have grievances promptly resolved by the facility.

Even with the Nursing Home Reform Act intact, nursing home residents are too often neglected. Nearly 30 percent of nursing homes in the U.S. have been reported with cases of neglect or abuse, with high estimations on the number unreported.

It is advised to visit loved ones in nursing homes frequently and vary the times that you do to get a better sense of the situation. If there are concerns of neglect or abuse, they should be voiced to the Director of Nurses or an administrator at the nursing home. You should also file a complaint with the Maine State Board of Licensure in Medicine, as they are required to investigate your complaint.

Common signs of nursing home abuse or neglect include:

  • Assault or battery
  • Sexual abuse
  • Physical restraint
  • Deprivation of food and water
  • Given too much or too little medication
  • Unexplained illness, cuts, or injuries
  • Extremely withdrawn or non-communicative behavior
  • Unusual behavior such as sucking, biting, or rocking
  • Disregard for necessities of daily living
  • Lack of care for medical problems
  • Unsanitary living conditions 
  • Poor access to healthcare
  • Bed sores
  • Infections
  • Repeat and continued illnesses

If you or a loved one has suffered from nursing home neglect, there is help. Contact the Law Offices of Joe Bornstein today to discuss your legal rights. You may be entitled to compensation.

For more information on nursing home abuse and neglect please visit: http://www.medicare.gov/nursing/AboutInspections.asp

Or call the Law Offices of Joe Bornstein toll-free at 1-800-772-4624 to speak with attorney free and confidentially.

The Law Offices of Joe Bornstein – Maine Lawyers Helping Maine People
 

Hooked On Fishing - Not On Drugs

With over 2,000 lakes and ponds and nearly 3,500 miles of coastline, opportunities to fish are abundant in Maine. Be it stripers running up the coast, salmon swimming downstream, or trout at the bottom of a brook, fishing in Maine is everywhere. And while some Mainers enjoy fishing year round, most everyone enjoys casting a line in the warm weather.

Depending on your point of view, fishing in Maine can be a profession, favorite pastime, or hobby. Either way, it is a skill that is passed on from generation to generation, which is exactly what Hooked on Fishing - Not on Drugs intends to do.

Hooked on Fishing - Not on Drugs is an educational tool for youths in Maine and across America. Sponsored by the Department of Inland Fisheries and Wildlife, the program works with sporting clubs, optomist clubs, and other organizations to coordinate “Learn to Fish” events throughout the state. Encouraging good decision making and family togetherness is the ultimate goal, with teaching youths the art of fishing as a secondary success.

The concept of Hooked On Fishing - Not on Drugs came about in 1986 when a teenager from Florida wrote to the Future Fishermen Foundation explaining how he chose to go fishing to think through his problems rather than turning to drugs. Since then, through the help of the Department of Justice, Boys & Girls Clubs nationwide, and the Future Fisherman Foundation, the concept has expanded to over 1000 programs in 30 states. The key components of fishing skills, fishing knowledge, and life skills development make the program successful; the end result keeps kids out of trouble.

In Maine, the Hooked on Fishing - Not on Drugs program is used by over one hundred trained volunteer instructors, including teachers, Boy Scout and Girl Scout leaders, parents, sporting clubs and law enforcement officers. The program runs year round, and has teamed with youth fishing derbies, "Learn to Fish" days, and family events. The events are fun for all ages and teach youths to act responsibly in Maine's natural resources.

In 1997, the 118th Maine Legislature passed a law stating that the program be established in the Department of Inland Fisheries and Wildlife to encourage youth fishing activities in the State of Maine. The legislation allocated funds for the program and allows donations to be accepted for activities associated with youth education. Since then, Hooked on Fishing – Not on Drugs has been giving kids the opportunity to fish, be with friends and family, and most importantly learn to stay safe and sober.

So get your kid hooked on fishing today! It may just be the right “angle” for a healthy life.

For more information on the Hooked on Fishing - Not on Drugs program or to find a sponsored event near you, please visit: www.maine.gov/ifw/education/hofnod or contact Emily Jones, Activities Coordinator, Maine Department of Inland Fisheries & Wildlife at (207) 287-8069.

Give a man a fish and you feed him for a day.
Teach a man to fish and you feed him for a lifetime.
– Chinese proverb

 

Maine Resident Receives Annual Art Award

Robert Indiana, a Vinalhaven resident best known for his work during the Pop Art movement of the 1960’s, has been named the recipient of the 2009 Maine in America Award. The annual award is given by the Farnsworth Art Museum in Rockland to honor an individual or group who has made an outstanding contribution to Maine’s role in American art. Previous winners of the award are John Wilmerding (2006), Andrew Wyeth (2007), and Will Barnet (2008).

After graduating from technical school, Indiana moved to Manhattan and joined an art movement that combined commercial art with philosophical thought, challenging through irony a traditionally elitist mentality of art. Indiana’s approach is self-described as “sculptural poems.”

At the age of 34, Indiana held his first solo exhibition in New York, where he sold The American Dream to the Museum of Modern Art (MOMA). Two years later his art would reach national prominence.

Indiana’s first major accomplishment was his 1964 EAT sculpture. The 20’x20’ metal sculpture consisting of five six-foot disks spelling out the word EAT became a resounding success. Commissioned by the New York State Pavilion and displayed at The World’s Fair in Flushing, New York, fair-goers lined up to see the piece of art many thought was a sign to an entrance of a diner. Confusion ultimately led to the sculpture’s lights being shut off, but not before Robert Indiana became a household name. As the story goes, it was Indiana’s mother who inspired him to produce the piece when she awoke from a drawn out sickness and asked her son if he had anything to eat. His mother would pass away shortly thereafter, and for the first time since the 1964 World’s Fair, The EAT sculpture is on display atop the Farnsworth Museum.

Soon after finding fame, Indiana created his most renowned piece of art, his 1964 LOVE sculpture. Similar in style, the piece consisted of giant red letters stacked on top of each other, with the O block slightly askew. The piece was originally designed for the MOMA’s Christmas card, and was later reproduced in numerous locations around the world. In 1973, the work was put on the eight cent stamp by the United States Postal Service, and in 1977 he created a Hebrew version with the four letter word for love, Ahava, for the Israel Museum Art Garden in Jerusalem.

Indiana moved to Maine in 1978, where he has brought with him his artistic passion. In 2008, Indiana altered his LOVE masterpiece for then president hopeful, Barack Obama, by changing the letters to spell HOPE. The work hit center stage and was adopted by the Obama campaign, who sold T-shirts, pins, bumper stickers, posters, and other items adorned with the message. A stainless steel sculpture of HOPE was constructed outside the Democratic National Convention in Denver, and Indiana donated all of the piece’s proceeds to the Obama campaign, ultimately raising over $1 million dollars for the soon to be elected 44th president.

The Law Offices of Joe Bornstein would like to congratulate Robert Indiana for being honored as this year’s Maine in America Award winner. It is through his hard work and groundbreaking art, humbleness and generosity, and most importantly LOVE and HOPE, that make him the ideal recipient. From June 20th to October 25th, Indiana’s work will be on display at the Farnsworth Museum for all to enjoy.

For more information on the Maine in America Award, Robert Indiana’s exhibition, and the Farnsworth Museum, please visit: www.farnsworthmuseum.org.

Plan To Drive In Maine This Summer Online

Traveling in Maine this summer? Worried about spending your summer stuck behind tourists and construction vehicles? Well, thanks to the Maine Department of Transportation’s travel information service, you may not have to.

Commuters, tourists, and travelers alike can now access information regarding road conditions throughout the state by contacting the Maine 511 Travel Information Service. Be it weather related issues, road construction, or general traffic congestion and delays, information on the highways and byways of Maine is available online or by phone twenty-four hours a day. Travelers can dial 511 from any telephone, including mobile phones, or visit: www.511maine.gov for real time road conditions updated by the Maine Department of Transportation and State Police staff from dispatch centers throughout the state.

511 is a free nationally designated phone number designed for drivers looking to plan ahead, yet is currently promoted by only a few states. In addition to evaluating road conditions, the 511 website also showcases cameras setup at various well-travelled highway markers and roadside locations that allows visitors to view live traffic conditions. The website also offers email alerts to keep those who subscribe informed at all times, and at areas of road closures and delays, information is as to why the inconvenience occurred and for how long it will last.

By staying informed and knowing road conditions in advance, drivers will be able to better plan for their trips, travels, and commutes. And with minimum effort, such as calling 511 or going online, drivers can maximize their time during the warm Maine summer.

For more information and to plan ahead on future travels, please visit: www.511maine.com.
 

Don't Forget To Pack Your Passport

Beginning June 1st, travelers wishing to reenter the U.S. at land or sea borders must now show a passport. Neighboring countries that once accepted a valid driver’s license for such travel – Canada, Mexico, Bermuda, and the Caribbean – now require stricter personal identification.

Known as the Western Hemisphere Travel Initiative (WHTI), the new rule was originally scheduled to take effect over a year ago but was delayed by Congress among concern that Americans weren't prepared for change and that relationships with United States' biggest trading partner, Canada, would be hurt.

Proponents of the rule feel that the security of our nation’s borders will be strengthened, while critics question how trade, tourism, and commerce will be affected. Air travelers have been required to carry passports to these neighboring countries since 2007, however many more people cross U.S. borders by car than by plane or boat. As a result, retailers in border towns are worried that consumers will stay in their home country rather than acquire the proper travel documents necessary to shop, even if the store is right down the street.

In addition to passports, Americans may enroll in “trusted traveler” programs, whose cards serve as sufficient border documentation, or obtain “enhanced driver’s licenses” from the U.S. Customs and Border Protection. It is advised to plan two months ahead when acquiring a passport or other identification for travel as a processing delay is common. An estimated 30 percent of Americans currently have proper identification to cross into neighboring countries by car.

To facilitate travel between countries, border crossing stations are now equipped with electronic proximity readers which allow border agents to access information faster than ever. The savings in time per car is small, but multiplied by millions of travelers and it adds up to improved efficiency. For travelers who forget their identification, border patrols will work to verify that they are a U.S. citizen, acknowledging that it will take more time to do so. The U.S. Department of Homeland Security has said that no U.S. citizen will be denied entry back into their home country.

For more information on the new passport rule and to learn more about the “trusted traveler” programs and “enhanced driver’s licenses” please visit the U.S. Department of Homeland Security’s website: www.dhs.gov/xtrvlsec/crossingborders/index.shtm.
 

Seniors Save On Car Insurance

The Association for the Advancement of Retired Persons (AARP) has been offering refresher courses for drivers age 55 and older for the past 25 years. Now, the same driver’s safety course is being offered online. And for those that take the course, they are eligible for a discount on their car insurance.

After years of driving, the AARP says, bad habits start to set in. As one gets older, reaction time and ability to judge distances decrease, while rules of the road and car technologies continue to evolve. A refresher course is recommended for those over the age of 55, and is meant to do exactly that: refresh drivers on the proper rules of the road.

Maine law says that insurance companies must give drivers ages 55 and older a discount on car insurance if they take the AARP course. The discount is small, roughly 5 percent, as the law does not specify the size, but is good for three years. However, perhaps more important than saving a few bucks, is preventing accidents.

Topics covered in the course include:

  • Tune up your driving skills and update your knowledge of the rules of the road. 
  • Learn about normal age-related physical changes and how to adjust your driving to allow for these changes. 
  • Reduce traffic violations, crashes, and chances for injuries. 
  • How to maintain proper following distance at all times.
  • The safest way to change lanes and make turns at intersections, especially when turning left.
  • The effects of medications on driving.
  • Limiting driver distractions such as eating, smoking, and cell phone use. 
  • Properly using safety belts, air bags, and anti-lock brakes. 
  • City driving versus country driving.

If taking the course in a classroom is your preferred method, most are taught in two 4-hour sessions. If taking the class online is preferred, the course can be completed at your own leisure with round-the-clock customer support available via phone or email. The fee for the course in a classroom is $12 for AARP members and $14 for non-members, while the fee online is $15.95 for members and $19.95 for non-members.

Since its inception in 1979, millions of motorists have improved their driving through the AARP’s driver’s safety course. Today, the AARP is proud to offer their knowledge and education on safe driving online. Their website is interactive, as drivers can take an exam to test their driver IQ, as well as find answers to frequently asked driving questions that many seniors have.

Without a doubt, as the name implies, accidents will continue to happen. However, a safe driver is a good driver, and a good driver is less apt to get into an accident. And at the end of the day, getting to and from work or school safely is half the battle.

For more information on the AARP driver’s safety course, or to register, please visit: http://www.aarp.org/families/driver_safety.
 

Mesothelioma On The Rise In Maine

A new federal agency report states that Maine has the highest rate of death resulting from Mesothelioma in the United States. A study from 1999-2005 showed that there were over 170 fatalities during those seven years in Maine alone. According to the report, Mesothelioma related deaths are expected to peak in 2010.

Mesothelioma is a form of cancer that is connected to asbestos. Most people who develop the disease were exposed to asbestos on worksites where they inhaled particles or were vulnerable to dust and fiber. Some of Maine’s largest employers used asbestos until the 1970’s when it was largely banned. Former employees of paper companies, chemical companies, and those who worked at shipyards are said to be most at risk.

Symptoms of Mesothelioma include shortness of breath and weight loss, however tend not appear until 20 to 50 years after exposure. Other less common symptoms include bowel obstruction, blood clotting abnormalities, anemia, and fever. If the cancer has spread beyond the chest area, symptoms may include pain, trouble swallowing, or swelling of the neck or face.

Diagnosing Mesothelioma is often difficult, as many symptoms are similar to other medical conditions. Chest x-rays and lung function tests are commonly taken, followed by CT scan or MRI if the doctor deems necessary. If a large amount of fluid is detected, a biopsy is needed to confirm the disease. Once a doctor examines a sample of body tissue, only then can he or she diagnosis Mesothelioma. Most patients diagnosed are only given five to sixteen months to live.

Each year, nearly 3,000 people are diagnosed with Mesothelioma in the U.S. If someone you knew has died of Mesothelioma, there is a three year statute of limitations in Maine in which you must either settle the claim or commence a wrongful death lawsuit. Usually a lawsuit involves multiple past manufacturers of asbestos and is handled on a highly individualized basis, not as a class action.

Asbestos litigation is very complex and requires very specialized knowledge. At the Law Offices of Joe Bornstein, we partner with a law firm that is one of the leading asbestos specialty firms in the United States. Claims for wrongful death caused by Mesothelioma normally settle with multiple defendants for substantial sums on money. Many of the former asbestos manufacturers have sought bankruptcy protection as a way to limit their exposure to Mesothelioma claims. It is, however, still possible to obtain money settlements with the bankrupt defendants. All of this takes a very specialized approach to handling the claim.

If you or someone you know has Mesothelioma, Lung Cancer, Colon Cancer, Esophageal Cancer, or Asbestosis, caused by exposure to asbestos, contact the Law Offices of Joe Bornstein today for a free and confidential consultation. You may be entitled to compensation for your medical bills, lost wages, and pain and suffering.

The Law Offices of Joe Bornstein – Maine Lawyers Helping Maine People - Since 1974
 

Stamp Increase For First Class

On May 11th, the price of a first-class stamp increased by 2 cents to 44 cents. The rate increase is the fourth consecutive year postage has gone up in the U.S., and is an attempt to offset rising operational costs and the use of the internet to correspond and pay bills. Mail volume is down nearly 15 percent in the past year.

Under U.S. law, the price of stamps is not allowed to rise faster than the country’s consumer price index, which measures inflation. This year’s rate increase is estimated to cost an average family an extra $3 per year. In 2008, the United States Postal Service (USPS) lost $2.8 billion.

Other USPS price increases include:

  • Postcards - up 1 cent to $0.28
  • Large Envelopes - first ounce - up 5 cents to $0.88
  • Parcels - first ounce - up 5 cents to $1.22

According to the USPS, billions of “Forever Stamps” have been sold since their introduction in April 2007 and will continue to be honored for a one ounce letter. The price to buy a Forever Stamp, however, will also increase to 44 cents, and in the future will be valued at the going rate of a first class stamp.

Even amidst the recent price increase, the USPS states that they “continue to offer great service at some of the lowest postage prices in the world.” The World Wide Web, however, is giving them a run for their money.

For more information on the new stamp increase, please visit:www.usps.com/prices.
 

National Work Zone Week's Drive to Survive

Last week marked the 10th anniversary of National Work Zone Awareness Week. The weeklong safety campaign marks the beginning of construction season and educates drivers on the dangers of travelling through and working in highway construction and repair sites.

Each year an estimated 1,000 people are killed in roadway work zones. Of the fatalities, four out of five are motorists, representing two percent of the nation’s driving deaths, with an additional 40,000 injured annually. With $27 billion in economic recovery funds recently allocated to repair the nation’s roads and bridges, the number of injured and deceased may well increase in 2009.

When entering a work zone, drivers are encouraged to slow down and pay attention, stay in their lane and not tailgate, and expect delays. Speed limits are often lowered and speeding tickets doubled to ensure the safety of workers, yet fatalities remain a concern to those hard at work. 

The responsibility for a safe work zone does not, however, fall solely upon the driver. Engineers and planners must make sure the work zone is properly designed and operating efficiently, police officers must ensure that traffic laws are being obeyed, and drivers, bikers and pedestrians must be alert at all times.

For ten years, the educational week has strived to see work zone safety increase and work zone injuries decrease. But while educators may be the ones spreading the safety tips, it takes all of us to make a work zone a safe zone. And 2009’s slogan may just sum it up best:

“Drive To Survive – Our Future Is Riding On It.”

For more information on National Work Zone Awareness Week please visit: www.workzonesafety.org.
 

New Anthem Website Offers Help Around The Clock

For those who have health insurance through Anthem Blue Cross, there is a new website designed to make you and your family healthier. 360° Health is an all encompassing website that focuses on wellbeing and offers its members resources, links and helpful tips to maintain a healthy lifestyle.

To enroll, insurance holders must go to www.anthem.com, click on the 360° Health link, and log in with their Anthem ID number. There, members will learn how to:

  • Manage and maintain their health
  • Make more informed healthcare decisions
  • Get the most value from their healthcare dollars

The website is designed to make health your top priority and offers online wellness information, guidance and support from healthcare professionals, discounts on health related products, and medical programs to assist the injured and the ill.

360° Health is organized into three types of health services:

  • Tools and Research – members have access to information that will help them better understand their own personal health issues, conditions, and treatments. Items that fall under this category include: worksite wellness, healthy reminders and tips, and estimated costs for various and specific medical procedures.
  • Guidance – members can compare hospitals, their procedures and quality of care, talk to registered nurses about a health concern, and research holistic alternatives for a drug they’ve been prescribed.
  • Management – members can find information and assistance regarding their illness or healthcare concern through ongoing support by a team of dedicated nurses, dietitians, exercise physiologists, pharmacists, and other health professionals. 

With more information readily accessible than ever, 360° Health has taken measures to combine numerous healthcare related topics together in one website. Though while steering you in the direction of a healthy lifestyle, the website is not intended to act as or replace a family doctor. It is recommended that you consult with a doctor or specialist before undergoing any change in medical treatment, as speaking with an expert about your own health and wellbeing is of utmost importance.

For more information on 360° Health and to access its broad range of healthcare information, please visit: www.anthem.com.
 

Ask Medicare For Advice

Medicare has a new online service intended for caregivers. The website, Ask Medicare, is a resource for those who care for loved ones, friends and neighbors, providing information to assist in making educated healthcare decisions.

The purpose of the website is to raise awareness of the services provided by caregivers nationwide and improve their lives and those that they help. Currently there are an estimated 44 million adults in the U.S. – or one out every five – who provide unpaid care valued at over $350 billion each year, nearly twice the amount spent on nursing homes and homecare services combined.

The online service allows caregivers to browse topics such as: Medicare basics, planning for a healthy future, seeking a second opinion, help with hospitalization, choosing a nursing home, and considering hospice. Visitors can search for doctors, find a prescription drug care plan, connect to other informational websites, and learn about financial assistance in the event that they are having trouble paying for insurance or prescriptions.

Most people don’t consider themselves caregivers, yet fall under this category if they do as little as buy groceries, pick up prescriptions, or look after an aging or sick parent. Unfortunately caring for others often takes a toll on an individual’s own health, which is something Ask Medicare hopes to alleviate.

The website is designed for a full range of caregivers, and not only those who take care of someone with Medicare. It’s directed to parents who care for disabled children, spouses who care for their husbands or wives, children who support their aging parents, as well as friends, neighbors and community volunteers. In addition to the online services, the website also sends a bi-monthly newsletter via email regarding the latest changes and up-to-date news on Medicare and features personal stories from caregivers who wish to share their experiences with others.

To learn more about Ask Medicare and how you can help your loved ones and friends, please visit: www.medicare.gov/Caregivers.
 

Supreme Court Rules Against Pharmaceutical Company

On March 3, 2009, the U.S. Supreme Court ruled against a pharmaceutical manufacturer, stating that federal approval of prescription drugs does not prevent lawsuits from injured patients. The ruling came in the case of Wyeth v. Levine.

In August 2000, Vermont native Diana Levine visited a health clinic to receive treatment for a reoccurring migraine. Levine was administered Demerol and Phenergan for nausea, as she had been in the past, but when the pain persisted, she returned to the clinic later that day and was given a second dose of both drugs, this time receiving Phenergan in a push IV instead of her usual intramuscular shot. When she later awoke, she was still in pain and would be for some time.

Phenergan manufacturer, Wyeth, recommends that the drug be taken orally or through a slow IV drip, and only under the most severe circumstances be injected. When injected, though a highly effective way to get prompt results, the drug has a high risk of striking an artery, which can lead to gangrene and the eventual amputation of a limb.

Three weeks after receiving the push IV, Levine developed tissue deterioration and gangrene in her left arm, and after unsuccessfully taking several drugs to combat the pain, doctors had no choice but to amputate. The professional musician was left limbless on her left side from her elbow down.

 Although both Wyeth and the Food and Drug Administration (FDA) were aware that administering Phenergan through a push IV created a risk of inadvertent arterial injection, the FDA nevertheless approved labeling for the drug that warned against, but did not prohibit, IV push administration. The label was most recently updated in 1997.

After settling claims against both the health center and clinician, Levine brought a common-law negligence claim against Wyeth in 2005, claiming that Phenergan’s label was inaccurate because it did not prohibit IV push delivery or associate this method specifically with gangrene. Wyeth countered saying that they complied with FDA rules, and that by doing so preempted any stricter state-laws, but the Superior Court jury ultimately favored Levine, awarding her more than $6 million in damages.

Wyeth appealed the decision, and in 2006 the Vermont Supreme Court upheld the ruling saying that Wyeth had every opportunity to strengthen the warning on the label while complying with both state and federal laws. The case then went on to the U.S. Supreme Court, where after much deliberation the court confirmed in a vote of 6 to 3 that federal law did not preempt Ms. Levine's state-law claim that Wyeth's labeling of Phenergan failed to warn of the dangers of its intravenous administration.

Wyeth v. Levine is a landmark product liability case that is certain to impact all federally regulated industries. The U.S. Supreme Court decision affirmed that the manufacturer of prescription drugs bears the responsibility for the content of its labels, and represents a change in using the federal preemption doctrine as a defense against state tort suits. Without a doubt it will change the way drug manufacturers look at their products’ labels hereafter.

For more information on the Supreme Court ruling in Wyeth v. Levine, please see: http://www.supremecourtus.gov/opinions/08pdf/06-1249.pdf.
 

Retire Online

With an estimated 80 million baby boomers expected to retire in the next twenty years, the Social Security Administration (SSA) has created a new service that allows Americans to apply for their benefits online.

In keeping with the times, the new system allows retirees, who are more computer literate than ever, to navigate the easy-to-use application process at their own convenience, without having to travel to a Social Security office. Filing online decreases the amount of time it takes to apply for retirement benefits from 45 minutes to approximately 15 minutes, and allows applicants to complete the process from the comforts of their own home.

The website has a sample demonstration of the application process, along with helpful information for any questions that may arise. Applicants may start and stop the process at any time without losing the information they enter online, and when finished simply click the “sign now” button. Typically, there are no other required documents or forms to sign, and if you forget or miss something the SSA will contact you.

Also included in the makeover of the new SSA website is a “Retirement Estimator,” which tells you approximately how much you can expect to receive in benefits when you retire, as well as helpful videos with Academy Award winning actress Patty Duke explaining the online Social Security application process.

Other benefits the Social Security Administration offers online include:

  • Applying for Social Security Disability benefits.
  • Getting help with Medicare prescription drug costs.
  • Finding which Social Security benefit programs you may be eligible for.
  • Requesting a new Social Security card.
  • Requesting a Social Security statement.

For those who choose not to apply for retirement benefits online, they can still call or visit a local Social Security Administration office for assistance in filing.

For more information and to apply for retirement benefits online, please visit: www.ssa.gov.
 

Kidney Injury Following Colonoscopy

Popular bowel cleansing products (Oral Sodium Phosphate) linked to kidney failure.

The U.S. Food and Drug Administration (FDA) has become aware of problems associated with Oral Sodium Phosphate products (OSP). The products, which are used for bowel cleansing before certain medical exams such as colonoscopy, have been linked to a serious form of kidney failure.

The use of prescribed OSP drugs Visicol and OsmoPrep has been found to increase the risk of acute phosphate nephropathy. This rare, but serious kidney injury can result in a patient’s need for dialysis or a kidney transplant, and in the most extreme cases lead to acute renal failure or even death.

In December 2008, the FDA announced it would add a Boxed Warning to the prescribed OSP drugs, and is equally concerned with the use of over-the-counter OSP products, such as Fleet Phospho-soda, which is commonly used as a laxative. The FDA has also begun providing a Medication Guide with the drugs and will conduct a study to ensure that their benefits outweigh their potential harm.

Common side effects of OSP therapy include dehydration, abdominal pain or bleeding, nausea, vomiting, headache, and dizziness. However, the risk of developing kidney failure increases if you have experienced heart failure, had previous kidney problems, have active colitis, or are over the age of 55.

Since 2006, there have been over 20 reported cases of kidney injury associated with the use of OSP bowel cleaning products. Of the reported cases, three were acute phosphate nephropathy, and the onset of the injuries varied between several hours after taking the drug to upwards of twenty-one days.

Warning signs for acute phosphate nephropathy include malaise, lethargy, drowsiness, decreased amount of urine, and swelling of the ankles, feet and legs. In some of the cases the adverse effects occurred in patients who were perfectly healthy and had no signs of kidney problems or a family history of kidney disease prior to their exposure to an OSP drug.

If you or a loved one has suffered any of the aforementioned symptoms after taking OSP bowel cleaning products contact your doctor immediately. And call the Law Offices of Joe Bornstein today for a free and confidential consultation. You may be entitled to compensation.

For more information about Oral Sodium Phosphate drugs, including how to properly take the drugs and their potential side effects, please visit: www.fda.gov. And be sure to consult with your doctor before stopping or starting any new medicine.

Fosomax The Next Vioxx?

A study recently published in the Journal of the American Dental Association says that people taking the drug Fosomax may be at risk of developing a rare disorder called osteonecrosis. The disease is a condition marked by pain, swelling, and infection in the jaw, and is more commonly known as Dead Jaw.

Manufactured by the pharmaceutical conglomerate Merck, Fosomax is designed to fight bone loss and is used to prevent osteoporosis, a disease that increases the risk of serious and debilitating fractures. The drug is also used by to prevent Paget’s disease and is prescribed to an estimated 10 million Americans with sales topping $3 billion annually.

In the latest study, Fosomax is linked to jaw and throat cancer that could lead to sections of the jawbone needing to be surgically removed. The bone-thinning disease, osteonecrosis, is known for its habit of stealing bone mass and depleting bone strength while showing no signs of symptoms until a bone fracture occurs. The January study, however, wasn’t the first blemish for the widely prescribed drug.

In April of 2008, a study of 1,700 elderly women found that those taking Fosomax had significantly increased odds of developing an irregular heartbeat. The condition, known as atrial fibrillation, can result in a rapid and irregular heartbeat and lead to fatigue or possibly strokes. And since Fosomax’s debut in 1995, The U.S. Food and Drug Administration have linked 23 cases of esophageal cancer to the use of osteoposis preventing drugs.

Although the Food and Drug Administration and renowned science publications have advised of the possible risks associated with Fosomax, physicians are worried that patients who benefit from taking the drug may be getting the wrong idea about its risks and argue that elderly women benefit from using the drug when they’ve suffered a fracture. The National Institutes of Health reports that osteoporosis currently affects nearly 10 million Americans, with an estimated 34 million more who may be at risk for developing the disease.

If you are currently taking the drug Fosomax consult with your doctor to learn about all of the possible causes, concerns, and effects associated with the drug. Any decision to discontinue the use of Fosomax should be made in consultation with your physician. And if you or a loved one has suffered any of the signs associated with osteonecrosis or Dead Jaw, call The Law Offices of Joe Bornstein today for a free and confidential consolation.

The Law Offices of Joe Bornstein – Maine Lawyers Helping Maine People
 

Turnpike Tolls On The Rise Again

For the second time in four years the tolls on the Maine Turnpike have gone up. The increase comes one year earlier than planned, as the state looks to fund highway and bridge repairs, as well as combat the increase in maintenance costs such as road salt.

The new toll rates, which took effect February 1, 2009, will be as follows:

·         $1 where tolls were previously 60 cents (a 67 percent increase)

·         $2 at the York plaza (up 15 percent from $1.75)

·         $1.75 at New Gloucester (up 40 percent from $1.25)

·         $1.25 at the West Gardiner interchange (up 25 percent from $1)

The Maine Turnpike Authority (MTA) recommends that Mainers get an E-ZPass to help facilitate their commute. The initial cost is $25, but the device offers two discounted options to lure drivers. With the E-ZPass, a driver can choose to pay a discounted flat quarterly rate of fifty percent between any two exits, or prepay at least $20 and receive an average discounted savings of 29 percent per toll. 

Other options for Mainers concerned about the recent increase in tolls is to take an alternate route, avoiding the highway all together, or taking public transportation. Either way, in the ever changing world of fluctuating fuel costs and increased tolls, commuting to work will never be the same.

For more information on the recent toll increase, please visit: www.maineturnpike.com. And for a complete list of public transportation in the state of Maine, please visit: www.gomaine.org.

Right Of Conscience Or Right Of Refusal?

A new federal regulation has expanded the rights of healthcare workers in the U.S. The law, known as the “Right of Conscience,” allows healthcare workers to deny services to patients in which they morally object.

The new statute, which was written in regards to abortion and birth control, overrules former state law and is raising concern throughout Maine. Critics are worried, saying the new law is vague, and that in addition to physicians and pharmacists it will include the likes of ambulance drivers and receptionists as well. Opponents are also concerned that the law may play a part in major medical procedures, including end of life decisions.

Under Maine regulations, if pharmacists or doctors are opposed to providing or filling a prescription on moral or religious grounds, they are required to refer the patient to another doctor. Under the new federal law they no longer have to. And in some parts of rural Maine there might not be a second option.

If you have questions or concerns about your healthcare it is advised that you speak with your doctor. And in the event that you do not feel like you are receiving adequate care, seek medical attention in a hospital. 

For more information on the new “Right of Conscience” regulation please visit: www.maine.gov, or speak directly with your family physician. 

New Website Rates Nursing Homes

The U.S. Government has created a new website that provides quality ratings for each of the nation’s 16,000 Medicare and/or Medicaid nursing homes.

The website, Nursing Home Compare, rates each facility on a five-star rating in three critical areas: health inspection, quality measures, and staffing levels. The results are determined by a group of trained professionals who visit each nursing home to check on the quality of care, inspect medical records, and talk with residents about their care. An overall rating is also provided.

The user-friendly website allows visitors to search for nursing homes by name, city, county, state, and zip code. Once you’ve entered your search criteria, you can view, compare, and contrast different nursing homes and their ratings.

Other specific information that is available on the site includes: the date of the nursing home’s last health inspection, including any quality care or resident assessment deficiencies and whether they have been corrected, the total number of trained staff and residents on hand at a given time, and ratings on numerous quality and fire safety measures.

The website is designed to assist and educate visitors on nursing homes in and around their hometowns. It is advised that prospective nursing home patients and their family consult with their doctor or health care provider, as well as personally visit nursing homes and contact a Long-Term Care Ombudsman or State Survey Agency, before making a decision.

For more information on nursing homes, including Medicare’s “Guide To Choosing a Nursing Home” and “Your Rights as a Nursing Home Resident,” please visit: www.medicare.gov/NHCompare.
 

Ruff Ruff - It's Time To Register Your Dog

January is the month to register your dog in Maine, and all dogs over the age of 6 months must be licensed by the end of the month for 2009.

The renewal and registration process can be completed online at the Maine Department of Agriculture’s website or by visiting the town hall in your hometown.

When registering you will need:

  • A Credit Card (Online)
  • Dog License/Tag Number (Renewals Only)
  • State of Maine Rabies Certificate
  • Veterinarian’s Name and Phone Number
  • Spay or Neuter Certificate (If your dog has been “fixed”)

The cost of registration is $7 for dogs who have been spayed or neutered and $12 for those that have not. If you are licensing a wolf hybrid, service or rescue dog, or obtaining a kennel license please contact your municipal office.

Dog licensing fees help support local Animal Control Officers and State Humane Agents, investigations of animal cruelty complaints, care for sick or injured stray animals, and the return of lost dogs to their owner.

For more information on dog licensing please visit: www10.informe.org/dog_license/index.shtml.
 

Number Of Insured Drops With The Economy

As the economy continues its downfall, and unemployment rates reach new heights, more and more drivers are letting their car insurance lapse, putting both themselves and others at risk.

According to the Insurance Research Council, several hundreds of thousands of drivers have dropped their auto insurance in the past year. Some experts accredit rising insurance premiums as part of the problem, while others blame the poor economy and industry wide layoffs. Regardless of the reason, the increasing trend of uninsured motorists is bad news for all parties involved.

If an uninsured motorist causes an accident, he or she will not have insurance coverage for any injuries suffered and medical bills incurred by a non-negligent party. Likewise, the failure of an uninsured motorist to procure insurance will leave them vulnerable to claims by non-negligent injured parties.

One way to offset the risk of being injured by an uninsured motorist is to purchase what’s known as uninsured motorist coverage, an insurance premium that can be bought to protect oneself. In this case, your own insurance policy would kick in and cover damages and medical bills up to a preset amount. Although this premium will come at an additional cost to the insured and raises the total cost of the insurance policy, it is essential that you purchase the highest levels of both liability and uninsured motorist coverage that you can afford. In our 34 years of practice, we have seen numerous examples of clients who have received catastrophic injuries, clients who have not been fully and fairly compensated because there were inadequate limits of insurance coverage.

Maine law requires all motor vehicles to carry limits of both liability and uninsured motorist coverage in the minimum amounts of $50,000 per person/$100,000 per accident. Often times those minimum limits are woefully inadequate to fully and fairly compensate injury victims. In addition to having ample insurance coverage to compensate injury victims, your insurance coverage will also help protect your personal assets if a personal injury claim is made against you.
It is also being reported that those who are insured are stripping their insurance policies to the bare minimum to save money in the down economy, often omitting important parts of their insurance coverage such as uninsured motorist coverage. And for those that let time lapse between renewing their auto insurance, they are often subject to a 25 to 50 percent surcharge for a new policy, as insurance companies typically charge more for people they consider careless and thus more apt to cause an accident.

At the Law Offices of Joe Bornstein we see firsthand the causes and effects of auto accidents, and too often our clients who are in serious wrecks do not have the adequate insurance coverage to be properly compensated for their injuries or disabilities. Don’t leave your insurance coverage to chance - protect yourself today by purchasing uninsured motorist coverage in the highest limits you can afford, and be prepared in the unforeseen event that an accident does occur.

For more information on uninsured motorist coverage contact your insurance agent, or call the Law Offices of Joe Bornstein for free legal advice.

The Law Offices of Joe Bornstein – Maine Lawyers Helping Maine People
 

FDA Orders Suicide Warnings On Epilepsy Drugs

Makers of epilepsy drugs must now add a warning that states the medicines carry a risk of suicidal thoughts or actions. The companies must also develop a patient-friendly guide explaining the risks.

In January 2008 the Food and Drug Administration (FDA) warned that 11 epilepsy drugs doubled a person’s risk of suicidal behaviors or thoughts. In December 2008 the FDA announced it would be mandatory to place this warning on all eleven drug containers.

The 11 epilepsy drugs that must now include a warning are:

  • Lyrica
  • Neurontin
  • Lamictal
  • Topamax
  • Carbatrol
  • Felbatol
  • Keppra
  • Trileptal
  • Gabitril
  • Depakote 
  • Zonegran

Epilepsy drugs were the fifth best-selling class of drugs in the U.S. in 2007 with sales exceeding 10 billion dollars. In addition to treating epilepsy, the anti-seizure drugs are also used for nerve-pain disorders, migraines, and psychiatric diseases such as bipolar disorder.

The FDA voted not to make the warning on the containers a “black box warning,” the strongest of its kind, as doctors and other outside experts advised that it could do more harm than good if patients in need of treatment were to stop using the drugs. It is, however, recommended that patients consult with their doctors before making any changes to their treatment, or if they have any questions about their medication.

The Law Offices of Joe Bornstein is working with highly respected national counsel in an effort to assist the family and relatives of anyone who has committed suicide or serious attempt cases while taking any of the above medications. Please phone our office at 1-800-772-4624 to speak with one of our staff members if this alert applies to you and your family.

For more information on epilepsy drugs, their risks, and all advisories, please visit: www.fda.org.
 

How To Deal With Weather Related Property Damage

In the wake of the ice storm on Friday December 12, 2008, the Maine Bureau of Insurance has outlined the proper steps to take when filing for weather reported property damage. Mainers are advised to follow these procedures when safe to do so, and to contact the Bureau with any questions before or while in the process of reporting the damage.

1.      Contact your insurance agent immediately to report your loss.

2.      Take notes when speaking with your insurance company, including names of people you talk to and summaries of all conversations. Be sure to ask questions if you don’t understand something.

3.      Take photos, or if possible, videotape all damage.

4.      Determine what is damaged and to what extent, and organize it accordingly for when your insurance adjuster comes to look at it.

5.      Save receipts from any temporary repairs you make.

6.      Never throw away damaged property until your adjuster says it’s appropriate to do so.

7.      If your home is damaged, make only temporary repairs until the damage is examined. Making permanent repairs before an adjuster's inspection could lead to the denial of your claim.

8.      If your home is uninhabitable during repair, ask your adjuster if you have coverage for additional living expenses incurred while repairs are being made. If so, be sure to save all receipts to document these costs.

The Maine Bureau of Insurance advises Mainers to check with their insurance company to see exactly what their plan covers.  Events typically covered under most standard homeowners policies include: Damage caused by wind, wind-driven rain, trees or other falling objects, and the collapse of a structure caused by weight of ice or snow.

Events not generally covered under standard homeowners policies include: Frozen pipes due to negligence, food spoilage due to a power outage, water damage from backed-up drains or sewers, removal of fallen trees if they do not land on and damage your home, and interior water damage from a storm when there is no damage to the roof or walls. In some cases endorsements can be purchased to help cover certain stipulations not included in standard policies. For more information about this additional protection contact your insurance adjuster.

The Bureau also urges Mainers to prepare for future storms and natural disasters. In addition to reviewing your insurance coverage to make sure it is adequate, take inventory of personal property, including all model names and serial numbers, and store the information off premises, such as in a bank safe deposit box. The Bureau also recommends learning the facts about flood insurance. Doing so will help ensure that your belongings will be properly compensated if damaged by any unforeseen natural disasters.

For more information on how to deal with weather related property damage, or additional information to help prepare your home and belongings for future storms, please contact the Maine Bureau of Insurance at 1-800-300-5000, or online at: www.maine.gov/insurance.

Process To Renew Driver's License Changes

Beginning November 15, 2008, obtaining or renewing a driver’s license in the State of Maine has become more difficult. Applicants must now prove that they are both a Maine resident, and either a U.S. citizen or in the county legally.

In compliance with federal Department of Homeland Security regulations, all Mainers seeking a new or renewal passenger vehicle or commercial license now have to visit the Department of Motor Vehicles (DMV) and show proper identification. After the initial visit they may renew their license online.

The easiest way for Mainers to obtain a license is to bring a document that includes their name and physical address, and a U.S. passport or certified birth certificate to the DMV. Other documents that prove residency include: a tax return, paycheck stub, utility bill, and hunting or fishing license. While other documents that prove legal presence include: a Certificate of Naturalization, Certificate of U.S. Citizenship, and United States Citizen Identification Card.

State officials are predicting longer waits at DMV’s, and worry about Mainers waiting for long periods of time before being turned away for not having proper identification. The state also predicts that DMV employees will feel an increased and immediate burden until they become familiar with the new system.

One thing that will remain the same, however, is the cost for obtaining or renewing a license. For a passenger vehicle, the fee is $30 for drivers under age 65 and $21 for senior citizens, and for a commercial license, the cost is $34 for drivers under the age of 65 and $28 for senior citizens.

For more information on the new laws regarding Maine driver’s licenses, please visit: www.maine.gov/sos/bmv/licenses.
 

Medicare Plans Set To Change - Are You?

Each year Medicare plans are subject to change, and each year those individuals enrolled in the health care program may change their coverage during the “Open Enrollment Period” that runs from November 15th through December 31st.

During this time, beneficiaries of Medicare have the option to review their current health and prescription drug coverage and its changes for the upcoming year, and compare it to any of the forty-six total plans offered by the national health insurance program.

Medicare recipients are informed of any and all changes to their health care plan for the upcoming year in an Annual Notice of Change (ANOC) letter that is mailed in October, and for those who must change their health or prescription drug coverage because their plan is being discontinued, they will receive a Plan Termination Letter.

It is recommended that Medicare recipients closely examine all available possibilities and find the plan that is right for them. And, if one is to make any changes to their health care coverage, he or she should do so by early December to experience a smooth transition to their new plan on Jan. 1, 2009.

For those who would like assistance in deciding which plan is right for them, they can call 1-800-633-4227 to speak with a trained Medicare representative. And for a complete and thorough source of information regarding Medicare, including the educational publication Medicare and You, please visit: www.medicare.gov.
 

Off-Road Vehicle Being Investigated For Safety

The Yamaha Rhino, a popular off-road vehicle, is being investigated for improper safety.

The two-seat UTV (Utility Terrain Vehicle), used primarily for trail riding, on farms, and for hunting, was recently featured in a front page article in the Wall Street Journal. It is reported that Yamaha is currently facing over 200 lawsuits in state and federal courts, and as many as 30 deaths have resulted from accidents involving the Yamaha Rhino in the U.S. alone.

The roughly $11,000 UTV has resulted in numerous injuries, especially in children, and even at safe speeds the four-wheel recreational vehicle is prone to rollover, often ejecting riders and trapping them under the weight of the vehicle.

Plaintiffs' lawyers say that the vehicle is too narrow and too tall which causes the vehicle to tip, while Yamaha defends that many of the complaints are due to improper operation, modifications such as taking off the "protective roll cage", and failure to wear a helmet or seat belt. There are currently no regulatory standards on UTV’s, which have a steering wheel, yet do not adhere to automobile safety requirements, and it’s not until after an injury is reported do lawmakers and regulators intervene.

In response to the injuries and resulting lawsuits, Yamaha has developed new doors and passenger handles to improve vehicle safety, and has issued warning stickers to all registered owners. Yamaha has volunteered to install the new doors and handles for free, regardless if the UTV was purchased new or used, and lists local dealers on their website for Rhino owners to contact: www.yamaha-motor.com.

For more information on the safety issues regarding the Yamaha Rhino, please visit the Consumer Product Safety Commission online at: www.cpsc.gov.

And if you’ve been injured in an accident while riding a Yamaha Rhino, contact the Law Offices of Joe Bornstein today. You may be entitled to compensation for your injuries.
 

Health Care For Kids

The State of Maine is urging parents to enroll their children in health care coverage so they can get the medical attention they need to stay well and to succeed. 

With nearly 19,000 children and teens uninsured in the state of Maine, and roughly 11,000 eligible for the state’s Medicaid program known as MaineCare, the nonprofit organization Maine Children’s Alliance has partnered with Key Bank to help make it easier for those in need to get proper coverage.

Key Bank is now providing MaineCare applications at all 62 of the bank’s locations throughout the state, and has trained business personnel to help assist Mainers in the application process. Families who earn up to 133 percent of the federal poverty level, or approximately $28,000 annually for a family of four, qualify for MaineCare.

For those families who earn too much to qualify for MaineCare, but cannot afford private insurance, the State Children's Health Insurance Program (S-CHIP) also helps provide health insurance for children. Families who earn up to 200 percent of the federal poverty level, or approximately $42,000 annually for a family of four, are eligible for coverage under S-CHIP.

For more information on health care, and to see if your child is eligible under either MaineCare or S-CHIP, please visit the Maine Children's Alliance website at: www.mekids.org

And take advantage of the opportunities that Maine offers to help protect your children. Because the children of today, are the leaders of tomorrow.

Life Flight Turns Ten

Since its inception, LifeFlight of Maine has transported over 8,000 critically ill and injured Mainers to state emergency rooms. Now, in its tenth year of operation, the nationally renowned helicopter service looks to expand its services by adding a helicopter launch pad at every hospital in the state.

With two helicopters in operation, the nonprofit organization has decreased the response time for paramedics to reach injured patients throughout Maine and its outer islands considerably. In addition to transporting patients from accident scenes or places of injury, the helicopters also transport patients from one hospital to another as necessary.

Moving into their second decade, LifeFlight of Maine continues to be on the leading edge of advanced medical safety and technology.  Purchased new in 2005, the two helicopters are equipped with virtually all of the specialized critical care equipment that would be found bedside in a hospital’s Intensive Care Unit (ICU), and are capable of reaching speeds up to 165 miles per hour. Once contacted, the LifeFlight crew can have a helicopter in the air within ten minutes, and a trip from Eastern Maine Medical Center in Bangor to the Central Maine Medical Center in Lewiston can be done in under an hour. New state-of-the-art equipment is also enabling the helicopters to fly in a wider range of weather, and nighttime vision goggles are currently being implemented to help pilots fly after dark. 

At the Law Offices of Joe Bornstein we see firsthand the results of tragic accidents on a regular basis. We would like to give our support and appreciation to the wonderful job LifeFlight of Maine does in helping Mainers in such dire times. Without their time and efforts, many Maine lives would be lost each year. 

So happy tenth birthday LifeFlight of Maine! Our state is both lucky and proud to have you on board!

For more information on LifeFlight of Maine, its history, and all of its services, please visit: www.lifeflightmaine.org.  

Cold Remedies Not Advised For Children Under Four

In a concession to pediatricians who have long debated whether over-the-counter remedies are effective to young children, companies who produce medicines such as Dimetapp and Pediacare are now advising parents not to give cold and cough medicines to children under the age of four. Doctors instead say that the best remedy for sick children is plenty of rest and fluids, and lots of tender, loving care.  

This is the second consecutive year that major drug companies have changed their advice to parents in regards to over-the-counter medicine. In 2007, companies advised parents not to give cold and cough medicines to children under the age of two, and recommended that children not take antihistamines to help them sleep. Pediatricians today are working towards imposing a ban on sales of all over-the-counter cough and cold medicine for children under the age of six.

Problems with over-the-counter medicines send approximately 7,000 children to hospital emergency rooms each year, with symptoms including hives, drowsiness, and unsteady walking. Children age two and under are said to be at the highest risk.

For a child running a fever of 101 degrees or higher, doctors recommend Tylenol or Motrin, but otherwise say that a common cold or case of the sniffles should clear up on its own within a few days. Parents should, however, monitor their children closely for any signs of trouble breathing, which could signal more serious problems.

For more information on what medicines to give to children and the proper way to administer them, please visit the Food and Drug Administration at: www.fda.org.

New Website Weighs Risk of Meds

A new website weighs the benefits and risks of medications.

Pfizer, a leading manufacturer for pharmaceuticals, developed a website to educate people on relevant information regarding a variety of medicine. The interactive website is designed to be in “plain English” with graphics and video clips to further educate consumers, as well as healthcare providers, public health officials, and caregivers. 

In addition to providing information on many different types of medication, the website also helps guide visitors through the process of speaking with their doctor, how to carefully fill out a prescription card to help minimize mistakes, and how to properly take the medicine. The website also provides information on many common diseases and conditions, and their respective medicines.

For information on medications, their risks and health benefits, please visit: http://www.pfizer.com/medicinesafety

Illegal To Idle

Beginning October 1st, it is now illegal to let your vehicle idle for more than five minutes in the city of Portland.

The Portland City Council approved the ordinance on September 15, 2008, in an attempt to reduce greenhouse effects, car emissions, and wasted fuel. The ordinance follows a state law for commercial vehicles, however, fire trucks, ambulances, and other public safety and service vehicles are exempt.

Exceptions for the general public include:

·         If you are in a traffic jam

·         If it is below 32 degrees (you may then idle for fifteen minutes)

·         If you are ill

Violators will incur a $50.00 fine for breaking the ordinance, which critics believe will be a burden for police to enforce. The fine is scheduled to begin January 1, 2009.

For more information on the new idling ordinance and all other Maine state driving laws, please visit: http://www.maine.gov/portal/government/law.html.

Preparing For An Emergency

The State of Maine is advising citizens to prepare and maintain a home emergency kit. With hurricane season in full effect and winter looming on the horizon, state officials recommend that now is the time to prepare for a natural disaster.

On September 9, 2008, Governor John Baldacci signed a proclamation to make September Preparedness Month in the State of Maine. He warned of flooding, road erosion, high winds, large snowfalls and widespread power outages, cautioned Mainers to be prepared for disasters year-round, and reminded everyone that natural disasters have caused millions of dollars in damage and taken the lives of residents across the state.

Items that should be included in an emergency kit include:

• Water (one gallon per person per day for drinking and sanitation)
• Non-perishable foods
• Battery-operated or crank radio
• Dust mask or cotton fabrics
• Whistle
• Important family documents
• Shake flashlight or flashlight and extra batteries
• Manual can opener
• Plastic sheeting and duct tape
• Garbage bags and plastic ties
• Small tool kit
• First aid kit
• Toilet paper
• Unique family needs (infant formula, prescription medicine, supplies for a pet, etc.)
• Extra warm clothing

Families should also have an emergency plan intact that includes emergency phone numbers and nearby meeting points.

Natural disasters are often unpredictable, but with some advance planning they can be mitigated. So be prepared and be safe.

For more information on how to protect you and your family, please visit: http://maine.gov/mema/prepare.

And remember: Get A Kit, Make A Plan, and Be Informed!
 

Illegal To Smoke In Car With Children

A new statewide law made it illegal to smoke in a vehicle with children.

Beginning September 1, 2008, it is now illegal to smoke in a vehicle in the State of Maine when children under the age of 16 are present. The law was passed in an attempt to cut down on the amount of secondhand smoke youths are exposed to, as Governor John Baldacci declared that it costs too many lives and too much money.

Violators will be warned during the first year and will then be subject to a $50 fine thereafter.

According to the federal Environmental Protection Agency, children are most likely to be affected by secondhand smoke, as their developing lungs are susceptible to asthma attacks, respiratory tract infections, and other damaging health effects. TheU.S. Surgeon General also warns of links between secondhand smoke exposure and cancer and heart disease.

The new law follows a city ordinance passed in Bangor in 2007 when they became one of the first cities in the U.S. to ban smoking in cars with children present, and follows the lead of California, Arkansas, Louisiana, Puerto Rico, and some Canadian provinces, who have passed similar laws.

For more information on the new statewide smoking law please visit: http://www.maine.gov/portal/government/law.html.

Food Stamps Set To Increase

Beginning September 1, 2008, eligible Maine residents may see an increase in the amount of food stamps they receive due to higher home heating and other utility costs.

Food stamps are distributed in the form of a rechargeable debit card called “The Pine Tree Card,” and individuals can currently receive up to $162 per month, while couples can receive up to $298 per month. 

To be eligible, recipients must meet two income guidelines set by the federal government:

·         Individuals cannot make more than $1,107 in monthly gross income or $850 in monthly net income. 

·         Couples cannot make more than $1,484 monthly gross income or $1,181 monthly net income. 

Applicant must also list their assets and personal property when applying, and the size of your family is also taken into consideration.

There are restrictions as to what food stamps can and cannot be used for. They cannot be used to purchase paper products, cleaning supplies, alcohol or tobacco products, and are meant to supplement a family with food, rather than feed them in full.

Approximately 180,000 people collect food stamps in Maine, with the number increasing monthly. For senior citizens and the disabled, food stamps eligibility is reviewed annually, for all others, every three months.

To find out more about eligibility requirements and restrictions, please contact the U.S. Department of Agriculture Food and Nutrition Services, or the Maine Department of Health and Human Services to find a local district office near you.  

Carotid Artery Device Recalled

The device used in patients to treat a blockage in the carotid artery has been recalled. The blockage of the artery is known as carotid artery disease.

NexStent Monorail was manufactured by Boston Scientific between May 2007 to May 2008, and an estimated 2700 devices were distributed. The product was recalled on June 6, 2008 because its tip has shown to detach during the delivery procedure, potentially leading to increased procedure time, vessel wall injury, stroke, and/or emergency surgery to remove the detached tip. 

NexStent Monorail is used in a procedure called carotid artery stenting (CAS), in which the physician places the self-expanding stent in the carotid artery to keep the artery open and to help prevent future narrowing of the artery. The carotid artery supplies the head and neck with oxygenated blood.

For more information about the NexStent recall contact Boston Scientific or the U.S. Food and Drug Administration. And if you’ve been injured by the negligence of someone or something else, contact The Law Offices of Joe Bornstein today.  

Vehicle Registration On The Rise

Beginning September 1, 2008, the cost of registering a vehicle in the state of Maine will increase by ten dollars.  The cost of purchasing vanity plates and vehicle titles will also increase by ten dollars.

Registration for passenger and commercial vehicles will now cost $35, while vanity plates will be $25 and title fees will be $33.

The additional money generated will go to bridge and road maintenance, ultimately improving road and highway safety throughout the state of Maine.

Drivers whose registrations expire in September can renew early to avoid the increase in fees, but must do so by September 1st.

 

For more information on the cost of vehicle registration, vanity plates, and titles, contact the Bureau of Motor Vehicles

Buckle Up For Safety! Becomes A Law

Prior to May 2007, people in Maine over the age of sixteen were not legally required to wear seat belts.  Now everyone must wear one.

A new Maine seat belt law states that all travelers in a vehicle must now wear a seat belt, with no exceptions.  The law also states that Maine police can now pull you over if they suspect you or your passengers are not wearing seat belts.

Passed on May 3, 2007, the new seat belt law coincides with a recent study conducted by the National Highway Traffic Safety Administration which found that approximately one in five Americans do not regularly wear seatbelts.  Even more astounding is that an estimated 64 percent of passengers killed in nighttime accidents were not wearing seat belts.

At the Law Offices of Joe Bornstein we see an endless stream of victims of traffic accidents.  Don't become a statistic.  Buckle up, and make sure everyone in the car has a seatbelt on, too.

So Buckle Up For Safety! – Because Now It’s The Law!

 

Massachusetts Based Climbing Rope Recalled

Maxim Apogee and Maxim Pinnacle Dynamic climbing lines and ropes were recalled due to a fall hazard.  

The U.S. Consumer Product Safety Commission announced a recall of the lines and ropes on July 29, 2008, and advises consumers to stop using the lines immediately and contact the manufacturer for a free replacement.

The colors of the two-recalled lines are yellow and black, and red and yellow.  They were sold in retailers nationwide from August 2006 through June 2008 at an estimated retail price between $180 and $262.

The climbing lines are subject to break, posing a serious fall hazard for climbers of all ages, and were voluntarily recalled by manufacturer New England Ropes of Fall River, Massachusetts.  

For more information, including a complete description of the recalled products, consumers should contact New England Ropes toll free at (866) 617-9038 or visit the firm’s Web site at: www.neropes.com/maxim/recall.