Unlike contracting cancer or some other terminal illness, fatalities caused by a drunk driver are 100 percent preventable. Drunk driving is a choice. You cannot choose to get or not get cancer. You cannot choose to have or not have a heart attack. But you can choose to drive drunk.

It’s interesting to note, between the years 2002 and 2006, there were a total of 3,179 traffic fatalities and of those, 1,270 were alcohol related. That means 40 percent of people killed in a traffic accidents between 2002 and 2006 occurred because someone chose to drink and drive.

While actual fatalities attributed to drunk drivers may be improving, the statistics for illegal drivers, including drunk drivers and those who speed and drive recklessly, continue to be grim. According to a Denver Post article, there may be as many as 225,000 illegal drivers in Colorado. And these illegal drivers caused nearly one-fourth of all traffic deaths in Colorado last year. In 2008, Colorado saw 548 people killed in motor vehicle crashes, and of those, 130 of these fatalities (24 percent) involved illegal drivers.

Mothers Against Drunk Driving (MADD) will launch its annual, nation-wide “Tie One On For Safety” community awareness campaign later this month. The program, started in 1986, urges the public to drive safe, sober, and buckled up during upcoming holidays. MADD Colorado distributes over 20,000 of these red ribbons every year and hopes to increase that number with your help. Across the United States, MADD plans to distribute more than 6 million red ribbons in 2009.

How Can You Support MADD’s Tie One On For Safety Program?
-Display a red ribbon visibly in your vehicle or tied to your car keys. Red ribbons are available through your local MADD office or at the Law Office of Bachus & Schanker, LLC.
-Host parties responsibly by offering mocktails and other non-alcoholic beverages. You can also provide alternative transportation or accommodations for guests who have been drinking. MADD offers a Safe Party Guide.
-Designate a non-drinking driver before drinking begins.

While it’s encouraging that drunk driving fatalities are declining, let’s remember that when we see a DUI (Driving Under the Influence) fatality statistic - we’re talking about someone’s life - not just a number on a graph. Let’s Tie One On For Safety this holiday season!

In 2008, Colorado saw 548 people killed in motor vehicle crashes, and of those, 130 of these fatalities (24 percent) involved illegal drivers. According to the auditors’ report, only seven other states had a higher rate of fatal crashes involving illegal drivers last year.

Getting and keeping your driver’s license should be considered a privilege. In order to keep that license a driver must be a responsible driver. The state of Colorado may suspend or revoke your license for these reasons:
Speeding
Reckless driving
Drunk driving
Driving under the influence of drugs
Refusing to take a blood-alcohol test
Leaving the scene of a motor vehicle accident that resulted in an injury
Driving without liability insurance
Failing to keep current on child support payments
Exceeding points violations
Adults over 21: 12 points in 12 month or 18 points in 24 months
Adults ages 18 - 20: 9 points in 12 months, 12 points in 24 month or 14+ points before age 21
Minors under 18: 6 points in 12 months or 7 points before age 18

If your driver’s license has been suspended you may have it reinstated. If your license has been revoked, your driver’s license is completely nullified. After satisfying your legal obligations, you may be eligible to obtain a new license and retake the written and driving exams.

An audit was requested by Colorado state legislators last year after Francis Hernandez, an illegal immigrant and unlicensed driver was accused of speeding when he caused a car crash that killed three people. One of his victims was 3-year old Marten Kudlis, who was enjoying ice cream with his family in an Aurora Baskin Robbins. Hernandez, who was only 23 years old at the time of this car crash had already been arrested 16 times and jailed eight times for prior traffic offenses and misdemeanors from assault, theft, fraud, forgery, driving under restraint to resisting arrest. Francis Hernandez has never held a driver’s license in his life.

The Chairwoman of the legislative committee, State Rep. Dianne Primavera questioned why Hernandez had never been charged as a habitual traffic offender, a felony that can carry an eighteen month sentence.

“Was he ever imprisoned after eight of them and jail time?” she asked.

Peter Wier, executive director of the Department of Public Safety, answered that a habitual traffic offender felony can only be charged after three major traffic violations in seven years. These violations include drunk driving, vehicular assault or homicide or driving with a suspended or revoked license.

Despite the legal consequences, 250,000 Colorado illegal drivers have not been deterred from getting behind the wheel of a car.

These illegal drivers pose “a significant problem in Colorado,” says auditor John Trull. “All the strategies we have don’t deter them.”

While the auditors did not present a plan to reduce these numbers, they did include a list of strategies used by other states including impounding vehicles or license plates, putting special stickers on cars driven by illegal drivers and house arrest.

Presently, illegal drivers are thumbing their noses at the existing system. It’s time for legislators to make some changes to get these illegal drivers off the road.

Statistically, 5 to 12 year old children are four times more likely to be injured on Halloween night due to falls and car crashes.

To help ensure that your children have a safe and happy Halloween, follow these tips from the American Academy of Pediatrics.

ALL DRESSED UP:
-Plan costumes that are bright and reflective. Make sure that shoes fit well and that costumes are short enough to prevent tripping, entanglement or contact with flame.
-Consider adding reflective tape or striping to costumes and Trick-or-Treat bags for greater visibility.
-Because masks can limit or block eyesight, consider non-toxic makeup and decorative hats as safer -When shopping for costumes, wigs and accessories look for and purchase those with a label clearly indicating they are flame resistant.
-If a sword, cane, or stick is a part of your child’s costume, make sure it is not sharp or too long. A child may be easily hurt by these accessories if he stumbles or trips.
-Obtain flashlights with fresh batteries for all children and their escorts.
-Teach children how to call 9-1-1 (or their local emergency number) if they have an emergency or become lost.
CARVING A NICHE:
-Small children should never carve pumpkins. Children can draw a face with markers. Then parents can do the cutting.
-Votive candles are safest for candle-lit pumpkins.
-Candlelit pumpkins should be placed on a sturdy table, away from curtains and other flammable objects, and should never be left unattended.
HOME SAFE HOME:
-To keep homes safe for visiting trick-or-treaters, parents should remove from the porch and front yard anything a child could trip over such as garden hoses, toys, bikes and lawn decorations.
-Parents should check outdoor lights and replace burned-out bulbs.
-Wet leaves should be swept from sidewalks and steps.
-Restrain pets so they do not inadvertently jump on or bite a trick-or-treater.
ON THE TRICK-OR-TREAT TRAIL:
-A parent or responsible adult should always accompany young children on their neighborhood rounds.
-If your older children are going alone, plan and review the route that is acceptable to you. Agree on a specific time when they should return home.
-Only go to homes with a porch light on and never enter a home or car for a treat.
Because pedestrian injuries are the most common injuries to children on Halloween, remind Trick-or-Treaters:
-Stay in a group and communicate where they will be going.
-Carry a cell phone for quick communication.
-Remain on well-lit streets and always use the sidewalk.
-If no sidewalk is available, walk at the far edge of the roadway facing traffic.
-Never cut across yards or use alleys.
-Only cross the street as a group in established crosswalks (as recognized by local custom). Never cross between parked cars or out driveways.
-Don’t assume the right of way. Motorists may have trouble seeing Trick-or-Treaters. Just because one car stops, doesn’t mean others will!
-Law enforcement authorities should be notified immediately of any suspicious or unlawful activity.
HEALTHY HALLOWEEN:
-A good meal prior to parties and trick-or-treating will discourage youngsters from filling up on Halloween treats.
-Consider purchasing non-food treats for those who visit your home, such as coloring books or pens and pencils.
-Wait until children are home to sort and check treats. Though tampering is rare, a responsible adult should closely examine all treats and throw away any spoiled, unwrapped or suspicious items.
-Try to ration treats for the days following Halloween.

Let’s keep our neighborhood children safe this Halloween. Click here for more Halloween safety tips.

A Walk to Remember Foundation, based in Littleton, Colorado, is a Non-Profit organization created to help those touched by all types of infant loss, including pregnancy loss, neonatal loss, stillbirth, and SIDs. It is directed by a dedicated group of volunteers whose lives have been touched by the loss of their child. To accomplish this mission we are dedicated to providing centralized bereavement support resources to those who need them, bereavement care packages to families who have recently suffered a loss, and bereavement education to medical professionals who are faced with patient care involving infant death.

In addition to the bereavement support resources, care packages and education seminars, the foundation also holds an annual “Walk to Remember” as an opportunity for families to come together to remember their lost children.

On Saturday, October 10th, this year’s Walk to Remember dawned cold and snowy, but a dedicated board of directors and volunteers were there to welcome hundreds of mothers and fathers, brothers and sisters, grandparents, aunts and uncles, and friends of those who have lost children and remember their precious children.

Since 2008, the restructured Walk to Remember, has asked our constituents to be involved with our organization every step of the way. We had a goal of being able to supply the 30 plus hospitals along the Front Range of Colorado with the Care Packages that are created from the funds raised through our online auction and other fundraising efforts. We are so proud to say that we have been able to supply 450 care packages to over 20 hospitals. We have given to several hospitals who have never received care packages from us before. Thanks to more donations throughout the year, we should be able to expand the program to even more bereaved parents and hospitals.

We also have been able to involve more of our constituents than ever before through donating and volunteering. Over 100 care packages have been donated in honor of children through our Sponsor a Care Package Program, a program which will continue again this Holiday season. We have had 35 volunteers assemble and deliver care packages to hospitals on the Front Range. We have also added 4 new board members from among bereaved parents that attend A Walk to Remember.

We have also launched an Education and Awareness program. Thanks to the efforts of our education directors a curriculum has been written that has already been presented at Littleton Hospital with great feedback. This program opens a dialogue with the care providers that treat bereaved parents. We hope to spread the word about our care packages as well as our education program, opening up even more opportunities to help bereaved families in Colorado.

We are an all-volunteer organization, here to support bereaved parents and to honor all of our children.

Leslie A. Rutherford
President, A Walk to Remember
Mother of Annie

The Leukemia & Lymphoma Society’s Light The Night Walk is the nation’s night to pay tribute and bring hope to people battling cancer. Walks take place in communities throughout the United States and Canada, typically in the fall. On these special nights, thousands of participants carry illuminated balloons and raise funds for vital, lifesaving research and patient services.

I must tell you that seeing all the lit balloons is quite amazing. To see the supporters, the survivors and the people walking in memory is breathtaking. I walk for more personal reasons, I had a dear friend of mine who was diagnosed at the age of 14 with Leukemia. I was working at Children’s Hospital at the time, and when I walked out from my office my dear friend was sitting in the surgery waiting room. She had tubes in her and just look stripped from all of her energy. She looked up at me and said “I have been diagnosed with Leukemia.” I remember a lump in my throat, and the feeling in my stomach.

I spent the next two months by her side watching the effects of chemotherapy as she fought for her life. It was a long road for a teenage girl. She suffered the loss of her hair, gaining and losing weight because of the chemotherapy. I remember the days that she couldn’t bear the pain of the sickness she felt. The doctors weren’t sure if she would overcome this illness. She was put on a special medicine, I don’t remember the name of it, but it was new.

On January 9, 2009, my wedding day, her status moved from being in remission to being cured. She was cured thanks to the supporters of the research to cure blood cancers. My wedding day, I celebrated so much more than being married, I celebrated a the miracle of life and the willingness for people to invest in something so important.

Light the Night is more then the balloons and festivities, it is a night to bring awareness of blood cancers and what we can do as a nation to help find a cure so maybe one day our friends, family and co-workers won’t be touched by this disease. I encourage each and everyone of you that are reading this blog to go to www.lightthenight.org and make a small donation and be a part of the team that is trying to find a cure. I thank you and everyone who has been touched by a blood cancer will thank you.

Courtney Clark aka Charity Chick

But at what cost? Is the convenience of constant contact worth the risk? Studies have shown that a driver simply talking on the phone, even while using a hands-free device is four times more likely to crash than someone who is just driving. Studies show that drivers who are texting or checking email typically take their eyes off the road for about 5 seconds. Imagine what happens when you add using your computer, drinking cup of coffee, putting on makeup and other personal grooming tasks to the mix.

Researchers say there is only an illusion of productivity. According to David E. Meyer, a professor of psychology at the University of Michigan,

“To the extent that someone is focused on driving, the quality of work product is diminished,” he added, “To the extent someone is focused on work and not driving, there’s a risk of crashing and burning. Something’s got to give.”

Further study by Professor Meyer debunks the illusion of productivity, claiming the brain can only effectively perform one difficult task at a time. He found when a driver multitasks, important neural regions have to switch back and forth, taking extra time and thus creating inefficiencies.

Some families of victims killed in crashes involving multi-tasking drivers while on the job, have successfully sued the drivers’ employers. Now that it’s starting to hit them in the pocketbook with settlements to victims and their families and increased insurance premiums, some companies are now banning the use of cell phones and computers while on the job.

Katherin McArthur is a Georgia lawyer with experience suing companies whose employees have been in a collision while multi-tasking behind the wheel while on the job. “What I’m arguing in these cases is that these companies are authorizing something as bad as drunk driving and that they knew about the research or should have known,” she said. Ms. McArthur believes that as cell phone usuage and texting while driving continues to increase, that employers should expect more such lawsuits.

While it may feel more productive and you may even save a handful of minutes by multi-tasking behind the wheel, the families of the victims of collisions caused by multi-tasking drivers will tell you, that those few minutes you saved are not worth the life of their loved one.

The supporters of tort reform put forward that protecting the doctors, nurses and hospitals from being held financially responsible for their mistakes will actually help improve health care. The theory is that by reducing the financial consequences, the cost of malpractice insurance will decrease. Without the specter of lawsuits looming over their heads, doctors, nurses and hospitals will stop practicing “defensive medicine” and provide better service to their patients.

What tort reformers don’t tell you is that taking away consumers’ rights doesn’t improve the quality of health care or reduce the cost. Forty-eight states have already put caps on settlement awards and yet these legal restrictions have not reduced costs or improved health care services.

In 2003, Texas passed tort reform legislation that capped pain and suffering awards at two hundred and fifty thousand dollars. Yet the small town of McAllen, Texas has one of the most expensive health care markets in the country - almost double the national average. In contrast, another small town in Texas, El Paso, has roughly the same demographics but their health care costs are about half of McAllen’s. So McAllen must have some of the best health care in the country, right? But, by Medicare standards, five of McAllen’s hospitals, on average performed below El Paso’s hospitals when measured in twenty-five different metrics.

So what’s going on in McAllen? According to the tort reformers’ theories, McAllen should have affordable and some of the best health care in the country. If you read The Cost Conundrum by Atul Gawande published in The New Yorker, the high cost of health care seems to be a direct result of the doctors themselves.

“It’s a machine, my friend,” explains one surgeon.

Then there are physicians who see their practice primarily as a revenue stream. They figure out ways to increase their high-margin work and decrease their low-margin work. This is a business after all.

The tort reformers would like you to believe medical malpractice is the cause of high health care costs and poor quality health. But if you look beyond the tort reformer’s smoke and mirrors, you’ll find facts that they don’t want you to know…taking away consumers’ rights doesn’t improve the quality of health care or reduce the cost.

But that’s exactly was has happened to thousands of former patients at Rose Medical Center in Denver, Colorado and The Audubon Surgery Center in Colorado Springs. Northern Westchester Hospital in Mount Kisco, New York and Christus St. John Hospital in Nassau Bay, Texas are also under investigation for possible hepatitis C exposure from Kristen Parker.

Kristen Parker was hired by Rose Medical Center in Denver, Colorado as a surgical technician in October of 2008. In early 2009, Parker was required to undergo a urine drug screen. She passed the drug test and returned to work. Less that a month later, Parker was tested again for illegal drug use and failed this time. She was terminated from employment at Rose Medical Center on April 21, 2009.

Sometime in the spring of 2009, Kristen Parker was hired by The Audubon Surgery Center in Colorado Springs, Colorado. Audubon claims on their web site that Parker was still an employee of Rose when she was hired at Audubon.

Why did you hire her after she was fired from Rose Medical Center?
When we hired this employee, she was a current employee of Rose Medical Center.

What’s not clear is why Audubon claims only those between May 4 and July 1, 2009 should be tested since Parker was terminated from Rose on April 21, 2009.

Patients who had surgery at Rose Medical Center between October 21, 2008 and April 1, 2009 should be tested for the Hepatitis C virus. Patients who had surgery at Northern Westchester Hospital between October 2007 and February 2008 should be tested. There is no information about Kristin Parker’s employment at Christus St. John Hospital, but a phone call with the hospital did reveal that the hospital is aware of a possible connection although they would not give any specific dates. While the chances that you were infected by Parker at any of these facilities is small, you should consult with your doctor if you feel you are at risk.

Parker, as a surgical technician may have exposed thousands of surgical patients when she stole syringes of the painkiller fentanyl. She is accused of taking the stolen syringes meant for surgery patients and injected herself with the powerful narcotic to feed her illegal drug habit. She would then fill those used syringes with a saline solution and these “dirty” syringes were then used on surgery patients. Kristen Parker’s careless and reckless behavior and her total disregard for the safety of patients’ has put thousands at risk of contacting the hepatitis C virus. As of late August the count of confirmed hepatitis c cases that were directly connected to Kristen Parker had grown to 35.

Hepatitis C is a virus that attacks the liver and can lead to other serious diseases including liver cancer, cirrhosis and liver failure. It’s not unusual to show no symptoms until years later. Hepatitis C is a life-long disease. Although there is no cure, it’s important that you consult your doctor who can prescribe a treatment plan to manage this disease. And because of Colorado’s statute of limitations, it’s vitally important to consult with an attorney to discuss compensation for any possible future medical expenses, lost wages and pain and suffering related to your Hepatitis C infection.

We all have busy schedules and more than one of was stressed out about being out of the office for entire day with deadlines looming and who knows what’s happening to our in-boxes. But knowing that our hard work was helping a deserving family step closer to owning their own home made every hot, sweaty moment worthwhile.

The Habitat families we helped

In what has become a Bachus & Schanker tradition - this is the third year that our firm has participated in a Habitat for Humanity build; we are encouraged to volunteer for this build by founding partners J. Kyle Bachus and Darin L. Schanker as part of the firm’s corporate culture of giving back to the community. We spent the day honing our hammering and gluing skills. We worked along side our Habitat supervisors, Habitat volunteers, AmeriCorps volunteers and other volunteers like ourselves who just wanted to make a difference.

The subfloor is done!

Up Goes Another Wall!

As the day worn on we became more confident of our “hammering” skills as the number of nails we pounded passed from the hundreds to the thousands. There’s something very gratifying watching the progress of a home you helped build take shape. As we pounded nails for the subfloor and then built and erected walls, it was fun trying to imagine where the kitchen would be, where the bedrooms would be. Would they put their kitchen table by this sunny window? Would the children run up and down this imagined hallway?

Melissa with glue gun in hand.

Founded in 1976, Habitat for Humanity is a world-wide organization that provides affordable housing to those in need through volunteer labor and donations of money and materials.

Mallary, Sammer and Brittain taking a break.

A job well done!

-Habitat is not a giveaway program. In addition to a down payment and monthly mortgage payments, homeowners invest hundreds of hours of their own labor (sweat equity) into building their Habitat house and the houses of others.
-Habitat houses are sold to partner families at no profit and financed with affordable loans.
-The homeowners’ monthly mortgage payments are used to build still more Habitat houses.

Up goes another wall!

On a hot sunny Friday we helped build, not just a house, but a home—full of dreams of a new beginning for a deserving family.

As in prior years, we were sold out, with people from all over the country traveling to Colorado to join us in a celebration of our boys, Paul and Brandon. The weather cooperated and everyone had a great time; golfers and volunteers alike.

Wal-Bop Sponsors

In addition to harassing the golfers, the volunteers came up with creative ways to raise funds for the Brandon and Paul Foundation; selling mulligan’s, charging to keep the course free of “snakes”, and fees for signing commemorative t-shirts. Prize holes, raffle prizes, and silent auction items were in abundance.

Raising Funds

The luncheon following the tournament, hosted by The Outback Steakhouse, was a fabulous success thanks to all the wonderful cooks, wait staff, and of course the proprietor, Chad Luepke.

Alive at 25 Foursome

Although a final tally has not been completed, we are confident that a substantial donation to Alive at 25 will be possible, helping to fulfill the mission of the Brandon and Paul Foundation in encouraging young drivers to be safe.

There aren’t sufficient words to express how thankful we are for the support and love; the celebration and joy that we get from the enthusiastic participation in the annual Wall-Bop Golf Tournament . The committee members, the golfers and volunteers, the sponsors, each and every one helps us to make the anniversary of the accident into the celebration of Paul and Brandon that we need it to be. They would be proud.

Chad, Amy, Patti and Frank

The Ondrish and Nichols Family