Cigar blamed for apartment fire, injury

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Posted on 31st October 2008 by Gordon Johnson in Uncategorized

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Date: 10/31/2008 12:35 PM

WEST FARGO, N.D. (AP) _ Authorities say a cigar appears to have started a chair on fire, damaging a West Fargo apartment and injuring the tenant.

Fire Chief Roy Schatschneider says 61-year-old Leslie Moore had been sitting in the chair in the living room smoking a cigar before the fire on Wednesday.

Moore told authorities he was in the bedroom when a smoke alarm went off. Authorities say Moore suffered minor injuries when he had to walk by the burning chair to get out of the apartment.

Schatschneider says the apartment sustained heavy smoke damage and will likely have to be stripped.

___

Information from: The Forum, http://www.in-forum.com

Copyright 2008 The Associated Press.

Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
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Ky. legal experts mull reopening deadly 1977 fire

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Posted on 28th October 2008 by Gordon Johnson in Uncategorized

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Date: 10/28/2008

By ROGER ALFORD
Associated Press Writer
FRANKFORT, Ky. (AP) _ Gov. Steve Beshear said Tuesday he has asked legal experts to determine whether new evidence warrants reopening an investigation into one of the nation’s deadliest fires, a nightclub blaze that killed 165 people more than 30 years ago.

Survivors of the 1977 fire at the Beverly Hills Supper Club in the northern Kentucky town of Southgate, just across the Ohio River from Cincinnati, claim the new evidence suggests the blaze may have been intentionally set. Investigators concluded that faulty electrical wiring ignited the fire, one of the nation’s deadliest.

David Brock, an 18-year-old busboy at the nightclub when it burned down, met with the governor’s aides last week and presented new evidence. However, he didn’t want to publicly reveal the material because he feared retribution from those implicated.

Brock has previously said he saw two suspicious men in the area of the nightclub where the fire is believed to have started. He said they were purportedly working on the air conditioning, but there was no evidence anyone had been hired to work on the system.

On Tuesday, Beshear told survivors in a letter that he asked a special prosecutor who led the original probe and two University of Kentucky law professors who were also involved to review the evidence and report back to him in the next several weeks.

“The fire was an unspeakable tragedy, and I know that the reverberations from that tragedy have continued to impact and haunt the survivors, their families and the region more than 30 years later,” Beshear said in the letter.

Brock said he was pleased with the governor’s response.

“Now, we can put the pieces of the puzzle together,” he told The Associated Press in a telephone interview.

About 30 survivors are calling for the investigation to be reopened, Brock said. He wants the probe reopened on behalf of the victims’ families.


Copyright 2008 The Associated Press.


Attorney Gordon Johnson
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Five Students Sickened by Aerosol Product

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Posted on 24th October 2008 by Gordon Johnson in Uncategorized

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Date: 10/24/2008

METAMORA, Ill. (AP) — Five students needed hospital treatment for breathing problems after someone sprayed an aerosol product on a school bus. Officials said 63 students were on the bus heading to a grade school in Metamora. Four boys and a girl, ages 7 to 13, were affected by the spray. Metamora Superintendent Trish Jackson said another student sprayed the aerosol that removes dust from computers.

Copyright 2008 The Associated Press

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Woman, 3 children killed in Mich. house fire

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Posted on 22nd October 2008 by Gordon Johnson in Uncategorized

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Date: 10/22/2008 1:43 PM

By JEFF KAROUB
Associated Press Writer


HIGHLAND PARK, Mich. (AP) _ Fire killed a woman and three children in one home early Wednesday and spread to four other houses, three of them vacant, fire and city officials said.

Space heaters used to warm the victims’ home may have caused the blaze, fire department and city officials said. The temperature at the time in nearby Detroit was 37 degrees.

The officials confirmed the deaths, but would not identify the victims. Family members said they were a 51-year-old woman and three children — two boys, 10 and 5, and a girl, 8. They were among eight people living in the house.

Willie Dale, who said he was the adult victim’s son, said he escaped from the house with his girlfriend, their 10-month-old daughter and the mother of the three children who died.

“I woke up to my Mom saying ‘It’s a fire. Get out,’” said Dale, 29. “All the smoke came in, and I tumbled down the stairs.”

Those who escaped with Dale were taken to a hospital but details on their conditions were not immediately made available.

“It’s very, very sad,” said Highland Park’s emergency financial manager Arthur Blackwell. The cash-strapped 2.9-square-mile city just outside Detroit has been run by a state-appointed emergency financial manager for years.

The fire spread along the neighborhood, burning three homes to the ground — including the one occupied by the victims — and gutting two others. The neighborhood, one block from a busy urban freeway, consists of older, two-story homes, many of them vacant, including three of those struck by Wednesday’s fire.

Highland Park once held Chrysler headquarters and was the site of a Ford Motor Co. Model T factory that employed 100,000 workers.

However, those auto industry facilities are long gone along with the tax revenue they provided.

“It’s one of the poorest communities in the state,” Blackwell said. “They’re suffering here, disproportionately more.”

Elsewhere, an early morning blaze killed four people in a mobile home at Nacogdoches, Texas.

Nacogdoches Fire Chief Keith Kiplinger said the bodies of two women and two children, ages 3 and 4, were found in a back bedroom.

Firefighters said flames were “high in the trees” over the house when they arrived.

Nacogdoches is about 150 miles southeast of Dallas.

Copyright 2008 The Associated Press.

Editor’s Comment: Something that surprised us when we first started focusing on carbon monoxide poisoning is that the largest number of CO poisoned people in the U.S. are victims of fire.
We have been working on fire related injuries for many years, going back to our advocacy on:
www.burn-help.com

Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
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FEMA disputes formaldehyde study of Iowa trailers

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Posted on 22nd October 2008 by Gordon Johnson in Uncategorized

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Date: 10/21/2008 10:44 PM

By NIGEL DUARA
Associated Press Writer

IOWA CITY, Iowa (AP) _ The Federal Emergency Management Agency on Tuesday questioned a TV station’s findings of high formaldehyde levels in agency-issued trailers and said the lifestyles and habits of the flood victims living in the trailers may be to blame.

Government tests have shown high formaldehyde levels in FEMA trailers and mobile homes sent to Gulf Coast hurricane victims starting in 2005, and a judge recently cited evidence that FEMA delayed an investigation into complaints about the homes there.

KGAN-TV contracted with a chemical testing company to test 20 trailers in Cedar Rapids occupied by people displaced by June flooding. In a report that aired Monday, the station said all 20 trailers exceeded FEMA’s standard for the preservative, which can cause breathing problems and is classified as a carcinogen.

In a conference call with reporters, three FEMA officials questioned KGAN’s testing methods and the validity of the findings.

“Only mobile homes and only park models that fell below (the state’s formaldehyde threshold) and validated through that testing were provided to the state of Iowa,” said FEMA Assistant Administrator David Garratt. “FEMA stands behind those tests.”

Gov. Chet Culver has asked FEMA Administrator David Paulison for retesting of the trailers, and Garratt said the agency was discussing it. Phone calls to FEMA later Tuesday were not returned.

Garratt said FEMA tests trailers before people move in so the air sample is consistent. He said cooking, smoking and storing dry-cleaning products can elevate levels of formaldehyde.

“It’s not unusual that the levels in a mobile home will rise and fall as different variables are introduced into that,” Garratt said. “From FEMA’s perspective, the mobile homes and park models that we have deployed into Iowa are probably the most safe in terms of formaldehyde levels in the state of Iowa.”

Capt. Merritt Lake, the director of forest health protection and wellness with the Department of Homeland Security’s Office of Health Affairs, said the survey didn’t fit government-approved methods for testing for formaldehyde.

“From what I hear, the samples that were taken here in Iowa by the TV station did not use (the nationally recognized methodology), and that leaves some concern,” Lake said. “Any decent research study, you must account for the variables that could influence your results.”

The KGAN-TV test found that six of the trailers had levels of formaldehyde that exceeded Environmental Protection Agency and American Lung Association limits, which are more stringent than FEMA’s or Iowa’s standards.

Lake said the tests recorded the peak levels of formaldehyde in a 24-hour period, not a daily average. “It’s basically a worst-case test as opposed to an average,” Lake said.

The levels in the trailers ranged from 0.023 parts per million to 0.111 parts per million. The FEMA threshold is 0.016 parts per million, and the state accepts 0.04 parts per million.

April Samp, KGAN-TV’s news director, said the station contracted with Florida-based Advanced Chemical Sensors Inc. to test the samples, and they tested only trailers in which no one was a smoker.

Samp said the testing company issued receptor “badges” that were left in the trailers for 24 hours, sealed and mailed to the company to be tested.

The conference call between reporters and FEMA officials turned testy when Samp said an infant living in a tested trailer had been taken to the hospital with a nosebleed.

“Some of these people are moms with babies, OK?” Samp said. “What responsibility does FEMA have to make sure that the air quality is safe enough to continue living there, even if (the reading) wasn’t the baseline number?”

FEMA spokesman Michael Lapinski replied that residents unhappy with their trailers could move out.

“You can have a health concern regardless of what the formaldehyde reading is,” Lapinski said. “If you have a health concern and you want to move out of that housing, you’re free to move out of that housing.” But moving out of that housing could cost the residents, said Bill Vogel, FEMA’s coordinating officer for disaster recovery in Iowa. If they’ve already received the maximum of $28,800 in a housing-assistance grant from FEMA, then they’ll be moving out on their own dime.

Culver has requested that FEMA offer free tests to Iowans using 542 other FEMA trailers in Iowa and that the agency help residents if the tests show unsafe levels of formaldehyde.

Earlier this month, a federal judge in New Orleans ruled the government is not immune from lawsuits claiming Gulf Coast hurricane victims were exposed to high formaldehyde levels in FEMA-provided trailers. The judge said there was evidence FEMA delayed investigating complaints about the trailers because it might be held legally responsible.

Roughly 800 people are plaintiffs in the Gulf Coast cases, and attorneys are seeking certification as a class-action on behalf of thousands of people who lived in FEMA trailers after Hurricanes Katrina and Rita in 2005.

Government tests of the air quality in hundreds of those trailers and mobile homes showed formaldehyde levels that were, on average, about five times higher than what people are exposed to in most modern homes.

Copyright 2008 The Associated Press.

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Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
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Man accused of 9 Ohio fire deaths claims innocence

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Posted on 14th October 2008 by Gordon Johnson in Uncategorized

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Date: 10/14/2008 4:54 PM

By THOMAS J. SHEERAN
Associated Press Writer


CLEVELAND (AP) _ A man indicted this month on charges of setting a fire that killed a woman and eight children at a birthday sleepover said he would never do anything to harm a child, and that he felt the same pain as relatives of the victims.

“I would never do anything like that,” Antun Lewis, 24, told The Associated Press in a short handwritten note mailed from prison and received Tuesday.

The May 21, 2005, fire killed Medeia Carter, 33, along with eight youngsters, including four of her five children. The deaths horrified Cleveland residents and drew 4,000 people to the victims’ funeral at a convention center.

“The people that know me know that I am crazy about kids and know that I am against anybody that is out to do any harm to a child,” Lewis said in a neatly printed, 12-line response to the AP’s mailed questions. It was signed with his printed name.

Lewis was indicted by a federal grand jury Oct. 1 and charged with arson. He is to be arraigned Oct. 30 and could face the death penalty if convicted.

Authorities said Lewis apparently knew Carter’s mother but haven’t detailed the relationship. Lewis described himself as a “good friend” of the family.

“All the kids that was in that house know me very will and everytime they saw me I had something for them I didn’t care how many it was I made sure I had something for all of them, so when that happend to them it hurt me just as much as it hurt they familys, because they was like family to me to,” Lewis wrote.

U.S. Attorney Bill Edwards said Tuesday he would not comment on Lewis’ letter. Court records don’t list a defense attorney representing Lewis, who is locked up at the Southern Ohio Correctional Facility in Lucasville on unrelated drug and weapon charges.

Carter and the children were found on the second floor of the 2 1/2-story, 99-year-old home located in a poor neighborhood about 3 miles from downtown. All died of smoke inhalation.

Carter rented the house with a subsidy from the U.S. Department of Housing and Urban Development, a connection that gave federal prosecutors jurisdiction in the case.

The investigation had been slowed by differences between county and federal prosecutors, but both agencies agreed to go ahead with a federal trial, with a county assistant prosecutor helping.

Copyright 2008 The Associated Press.

Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
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Gas Vent Dampers Recalled by Effikal Due to Carbon Monoxide Hazard

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Posted on 12th October 2008 by Gordon Johnson in Uncategorized

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The recall involves Effikal RVGP-PC Gas Vent Damper size 4, 5, 6, 7, 8, 9, or 10 which are installed with the gas boiler systems listed below. The vent damper date code is located on a sticker under the motor assembly cap on the plastic base. Serial numbers are located on a label on the side of the damper’s cap. All sizes and models of the RVGP-PC have the same motor assembly with black Effikal caps and black plastic bases.


(Media-Newswire.com) – WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.

Name of Product: Automatic Gas Vent Dampers

Units: About 45,000

Manufacturer: Effikal LLC, of Orion, Mich.

Hazard: The automatic gas vent damper could fail, and if the blocked vent switch does not activate, the vent could leak carbon monoxide ( CO ). This poses a risk of CO poisoning to consumers.

Incidents/Injuries: None reported.

Description: The recall involves Effikal RVGP-PC Gas Vent Damper size 4, 5, 6, 7, 8, 9, or 10 which are installed with the gas boiler systems listed below. The vent damper date code is located on a sticker under the motor assembly cap on the plastic base. Serial numbers are located on a label on the side of the damper’s cap. All sizes and models of the RVGP-PC have the same motor assembly with black Effikal caps and black plastic bases.

Manufacturer Atmospheric Gas Boiler Models Vent Damper Date Codes Vent Damper Serial Numbers
Allied Engineering MG, MS and SG Series 0728 through 0809 3588428 through 3687571
Burnham Series 2b, Series 8h, and Independence
except Independence PV 0728-0738 3588428-3647820
Crown AWI, CWI and BSI Series 0728-0809 3588428-3687571
Hydro Therm R/MR, VGA, VS and HW Series 0728-0809 3588428-3687571
Laars JV Series 0728-0809 3588428-3687571
Lochinvar CBN Solution Series 0728-0809 3588428-3687571
RBI Spectrum Series 0728-0809 3588428-3687571
Smith GB and HW Series 0728-0809 3588428-3687571
New Yorker CG and CGS Series 0728-0738 3588428-3647827
Peerless MI, 63 and GM series 0728-0809 3588428-3687571
Raypak Series XV-42—180
Series V-181—260 and 182—261
Series VII-133 0728-0809 3588428-3687571
Union Steam GWA and GSA 0728-0809 3588428-3687571
Weil-McLain CGa, EG, and PFG Series 0728-0738 3588428-3647830
WilliamsonThermoflo GWA and GSA s 0728-0738 3588428-3647831

Sold by: Plumbing and heating wholesale distributors to plumbers and contractors nationwide from August 2007 through July 2008 for between $1,000 and $4,000 for the boilers. Gas vent dampers were sold as part of the gas boiler systems.

Manufactured in: United States

Remedy: : Consumers should immediately stop using the boilers, weather permitting, and contact their installer to confirm they have a recalled vent damper and to receive a free vent damper replacement.

Consumer Contact: For additional information, contact Effikal toll-free at ( 866 ) 790-3739, or visit the firm’s Web site at www.effikal.com

Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
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Another Murray mine fined for safety violations

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Posted on 8th October 2008 by Gordon Johnson in Uncategorized

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Date: 10/8/2008 2:28 PM

By TIM HUBER
AP Business Writer


CHARLESTON, W.Va. — A coal company belonging to Bob Murray, the mine owner who entered the national spotlight last year when nine people died in a Utah mine, was fined $1.46 million Wednesday by federal regulators for safety violations at an Illinois operation.

Murray Energy’s Galatia Mine in southern Illinois repeatedly ignored safety regulations between September 2007 and January, leading to nine citations for flagrant violations, the federal Mine Safety and Health Administration said. Galatia is operated by Murray subsidiary American Coal Co.

“American Coal Co. repeatedly demonstrated its failure to comply with basic safety laws over a number of months,” MSHA director Richard Stickler said in a statement.

A Murray spokesman had no comment.

Ohio-based Murray also owns the Crandall Canyon mine in Utah, where six miners and three would-be rescuers were killed by cave-ins in August 2007. MSHA fined Murray $1.6 million for violations that investigators determined directly contributed to the deaths of the six miners. It also asked federal prosecutors to consider criminal charges.

Inspectors found numerous problems at the Galatia Mine, including pre-shift safety inspections that missed crumbling roof material and the accumulation of combustible materials, MSHA said.

In another instance, an inspector watched as a maintenance supervisor reach into an energized 480-volt electrical panel, saying he was “taking a shortcut,” MSHA said. That violation led to a $161,800 fine for failing to de-energize the panel first.

MSHA said highly combustible coal dust was allowed to accumulate along conveyer belts. Conveyers can spark coal mine fires that sometimes lead to deadly explosions.

Copyright 2008 The Associated Press.

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Chair Traumatic Brain Injury Litigation Group, American Association of Justice
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Carbon Monoxide: The statistical data

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Posted on 7th October 2008 by Gordon Johnson in Uncategorized

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Facts about carbon monoxide poisoning:

Most signs and symptoms of CO exposure are nonspecific (e.g., headache or nausea) and can be mistakenly attributed to other causes, such as viral illnesses. Undetected or unsuspected CO exposure can result in death. – Morbidity and Mortality Weekly Report

The true incidence of CO poisoning is not known, since many non-lethal exposures go undetected. It has been estimated that one-third of all cases of CO poisoning are undiagnosed. – The Internet Journal of Emergency & Intensive Care Medicine

During 2001–2003, an estimated 15,200 persons with confirmed or possible non–fire-related CO exposure were treated annually in hospital EDs. In addition, during 2001–2002, an average of 480 persons died annually from non–fire-related CO poisoning. – Morbidity and Mortality Weekly Report

The nonfatal rate for CO exposure was highest for children aged under 4 years (8.2 per 100,000 population), whereas the CO death rate was highest for adults aged over 65 years (0.32). Adults aged over 65 years accounted for 23.5% of CO poisoning deaths. – Morbidity and Mortality Weekly Report

The annualized incidence of fatal and nonfatal CO exposures occurred more often during the fall and winter months, with the highest numbers occurring during December (56 fatal and 2,157 nonfatal exposures) and January (69 fatal and 2,511 nonfatal exposures). The annualized incidence was substantially lower during the summer months, with 21 fatal and 510 nonfatal exposures occurring during June and 22 fatal and 524 nonfatal exposures occurring during July. – Morbidity and Mortality Weekly Report

The majority (64.3%) of nonfatal CO exposures were reported to occur in homes; 21.4% occurred in public facilities and areas. – Morbidity and Mortality Weekly Report

CO from motor-vehicle exhausts is the single most common cause of poisoning deaths in the United.10 Of the 11,547 unintentional CO deaths during 1979-1988, 57% were caused by motor vehicle exhausts; of these 83% were associated with stationary vehicles. Most motor-vehicle-related CO deaths in garages have occurred even though the garage doors or windows have been open, suggesting that passive ventilation may not be adequate to reduce risk in semi-closed spaces. Smoke inhalation from all types of fires is the second leading cause of CO poisoning. Most immediate deaths from building fires are due to CO poisoning and therefore, fire fighters are at high risk. – The Internet Journal of Emergency & Intensive Care Medicine

…men and adults aged over 65 years were more likely to die from CO poisoning than other persons. The higher rate in men has been attributed to high-risk behaviors among men, such as working with fuel-burning tools or appliances. The higher rate among older persons has been attributed to the likelihood of older adults mistaking symptoms of CO poisoning for other conditions common among persons in this age group (e.g., influenza-like illnesses or fatigue). CO deaths were highest during colder months, likely because of increased use of gas-powered furnaces and use of alternative heating and power sources used during power outages, such as portable generators, charcoal briquettes, and propane stoves or grills. – Morbidity and Mortality Weekly Report

The most common symptoms experienced were headache (37.5%), dizziness (18.0%), and nausea (17.3%). Severer symptoms were reported less often, including loss of consciousness (7.7%), shortness of breath (6.7%), and loss of muscle control (3.5%). According to medical records, 9.3% of patients in the NEISS-AIP sample reported that they had a CO detector at home, and 100% of those indicated that the detector had alerted them to the presence of CO. – Morbidity and Mortality Weekly Report

Many victims of CO poisoning die or suffer permanent, severe neurological injury despite treatment. In addition, as many as 50% of those who recover consciousness and survive may experience varying degree of more subtle but still disabling neuropsychiatric sequela. – The Internet Journal of Emergency & Intensive Care Medicine

Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
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Islanders who insisted on staying died in Ike

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Posted on 4th October 2008 by Gordon Johnson in Uncategorized

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Date: 10/4/2008 1:58 PM

By MONICA RHOR
Associated Press Writer

GALVESTON, Texas (AP) _ The final hours brought the awful realization to victims of Hurricane Ike that they had waited too long. This storm wasn’t like the others, the ones that left nothing worse than a harrowing tale to tell.

George Helmond, a hardy Galveston salt, watched the water rise and told a buddy: I was born on this island and I’ll die on this island.

Gail Ettenger, a free spirit who adopted the Bolivar Peninsula as her home 15 years ago, told a friend in a last phone call: I really messed up this time.

Within hours, the old salt and the free spirit were gone as the powerful Category 2 hurricane wracked the Texas Gulf Coast on Sept. 13, flattening houses, obliterating entire towns and claiming at least 33 lives.

The dead — as young as 4, as old as 79 — included lifelong Galvestonians firmly rooted on the island and transplants drawn by the quiet of coastal living.

Seven people drowned in a storm surge that moved in earlier and with more ferocity than expected. Nine others died in the grimy, sweaty aftermath, when lack of power and medicine exacted its toll. Eleven people were poisoned by carbon monoxide or killed in fires from the generators they used in their own attempts to survive.

Hundreds of people remain missing three weeks after Ike’s assault on Texas. Local and city officials are no longer keeping their own count of missing residents, and the estimate varies wildly from one agency to another.

According to the nonprofit Laura Recovery Center, about 300 people are missing. Of those, about 200 from Galveston. However, the number “goes up and down by the minute” as people call in to remove or add names, cautioned executive director Bob Walcutt.

Some vanished during the evacuation of towns in the storm’s path. Many were last heard in desperate, last-ditch calls for help.

Immediately after the hurricane, Galveston officials conducted door-to-door searches for survivors and possible victims. But the city is no longer taking an active role in the search, city spokeswoman Alicia Cahill said.

Instead, search teams of sheriff’s deputies, volunteer firefighters and special K-9 search and recovery units have been using airboats and all-terrain vehicles to sift through debris fields, tangled and fetid marshlands, and the rubble left behind by Ike.

Bodies could have been tossed anywhere in the marshes, where thickets of trees are littered with the contents of houses. Refrigerators, office chairs, and television sets are scattered everywhere __ in the mud, in bushes, on treetops.

“We are definitely looking and are going to do anything we can to find them, but there may not be any answers to be given,” said Galveston County emergency management spokesman Colin Rizzo. “There are definitely going to be people from Hurricane Ike that are never found.”

Copyright 2008 The Associated Press.

Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
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