California Injury Lawyers Blog

Six months after off-duty CHP Officer Mark Saylor, his wife, teenage daughter, and brother-in-law Christopher Lastrella were killed in a California car accident involving a runaway Lexus ES 350, their relatives have filed a wrongful death lawsuit suing Toyota Motor Corp. for damages. In their California auto products liability complaint, the plaintiffs claim that the vehicle was defective and that no proper warnings were given about this. Other defendants named in the complaint are the automaker's US division, the Lexus dealership that lent the vehicle to Saylor while his car was being serviced, and a number of other corporate entities.

The Saylor family and Lastrella were fatally injured on August 28 when their Lexus accelerated to up to 120 mph before driving off the freeway, rolling over, and catching fire. Just before the deadly collision happened, Lastrella called 911 to plead for help. The vehicle occupants thought the brakes had stopped working when in fact, the gas pedal had gotten caught in the driver's side floor mat.

This shocking and preventable cause of the tragic California car wreck has prompted Toyota to recall over five million vehicles so that the gas pedals and ill-fitting floor mat defects can be fixed. Since then, Toyota has recalled other vehicles over brake problems and sticking gas pedals. At least 34 car accident deaths are now allegedly linked to the Toyota acceleration problem that have caused motorists to lose control of their vehicles that then accelerate to high speeds before crashing.

Although Toyota has apologized for these defects that have cost people their lives, the automaker's reputation for safety has taken a huge dent. Of course, for those that have either died or lost loved ones in runaway Toyota car accidents, a mere apology is not enough to make up for such devastating losses.

Toyota sued over deaths in key California crash, Reuters, March 4, 2010

Gov't: 34 Deaths Reported From Toyota Vehicles, CBS2.com, February 15, 2010

Related Web Resources:
NHTSA's Advice to Toyota Customers, National Highway Traffic Safety Administration

Toyota Motor Corporation

Continue reading "California Auto Products Liability Lawsuit Filed Against Toyota in Lexus Acceleration Accident that Killed CHP Officer and Three Family Members" »

The Los Angeles County wrongful death trial involving the city of Glendale and filed by a widow whose elderly husband died after he fell at Casa Adobe de San Rafael is scheduled to begin this month. Hasmik Khanbabayan claims that premises liability and inadequate security contributed to her husband's fall accident injuries that eventually led to his death.

Vahan Karapetian allegedly fell while stepping down from the historical building's porch. He fractured his shoulder. After over two months at Glendale Adventist Medical Center, Karapetian, who was in his 80's, died.

In her Glendale wrongful death complaint, Hasmik Khanbabayan alleges that the porch wasn't safe and that due to a lack of security patrols, Karapetian was on the ground bleeding for 45 minutes. She is seeking compensation for funeral expenses, medical costs, and distress.

Meantime, Glendale officials claim that negligence did not contributed to the elderly man's death. Instead, they cite the victim's age and medical history as causes of his death.

Fall Accidents
If you or someone you love got hurt during an Orange County, California fall accident on someone else's property, you may be able to file a premises liability lawsuit. Poor lighting, uneven stairs, uneven pavements, holes in the carpet, lack of stair or balcony railings, and other hazards can increase the chances that a fall accident may occur.

Fall injuries can be very painful and may force the injured party to take time off work and spend time in the hospital and/or at home in bed. This can lead to costly medical expenses and lost wages. If the fall accident victim lives alone, he or she may have to get someone to move in during the recovery period. Rehabilitation, which can take months, can also be very expensive.

For older people, fall injuries can lead to bedsores, infections, broken hips (possibly requiring hip replacement surgery), and even death.

Wife blames city for death, Glendale News Press, March 3, 2010

Falls in the Elderly, American Academy of Family Pediatrics

Related Web Resources:
Casa Adobe de San Rafael & Park

City of Glendale

The American Academy of Pediatrics want food manufacturers to warn consumers if a food is a choking hazard. The AAP believes that these warnings could go a long way towards reducing the number of child injuries and deaths that are caused by food.

Currently, about one child death every five days occurs from food choking accidents. While some food manufacturers already voluntarily place such warning labels on certain products, there are no federal regulations and laws requiring them to warn about this hazard, which can lead to traumatic brain injuries and fatalities. While kids under age 4 are among the most at risk of accidentally choking on food, choking accidents involving food has been known to injure kids in their early teens. As a matter of fact, thousands of children end up in ER's every year due to accidental choking accidents.

Our Anaheim personal injury lawyers know how devastating it can be to find out that your child was injured or died because someone else was negligent. Food-related defects that can cause serious injuries can be grounds for an Orange County, California products liability lawsuit.

In addition to choking hazard warning labels, the APP is recommending:

• Food recalls for significant choking hazards
• The redesign of certain foods to reduce their choking hazard risk
• Designing new food that pose a low choking hazard
• A nationwide reporting and surveillance system to monitor food-related choking accidents

It doesn't help that some of the foods that kids love to eat, such as nuts, popcorn, and hot dogs are serious choking hazards. Just last week, a 9-year-old boy died after choking on a marshmallow. Pedro Vicente Hernandez was putting together ingredients to make S'mores during a school camping trip when the choking accident happened.

Orange County, California Injuries to Children
A child shouldn't have to choke to death because a food manufacturer designed a food product in a way that makes it dangerous for kids.

Labels urged for foods that can choke kids, CNN, February 22, 2010

Victoria boy dies, apparent choking on marshmallow, Chron.com, March 2, 2010

Related Web Resources:
Kids and Killer Hot Dogs? 3 Tips to Prevent Choking on Food, US News and World Report, February 22, 2010

Food and Drug Administration

According to numerous studies, more than 50% of assisted living facility residents are anemic. This deficiency, which involves low hemoglobin levels, is by no means a normal condition of getting older. Granted, chronic inflammatory disease, rheumatoid arthritis, chronic kidney disease, intestinal bleeding, and nutritional deficiencies among the elderly increases the chances that they can become anemic. However, there is much that can be done to diagnose and treat nursing home patients suffering from anemia--even when they are suffering from unexplained anemia.

In Orange County, California nursing homes, elderly persons are at higher risk of developing anemia because they are less mobile and more physically frail. The weaker a patient becomes, the more likely he/she will become anemic.

Signs that someone is suffering from anemia:

• Weaker grip strength
• Slowing down of physical movement
• Decrease in overall strength
• Weight loss
• Fatigue
• Dizziness
• Weakness
• Pale skin
• Chest pain
• Brittle nails
• Breathing problems
• Cold extremities
• Depression
• Irregular heartbeat

It is important that nursing home workers document any possible signs of anemia so that a proper diagnosis is made and the correct treatment is administered. Tests can be performed to determine whether someone is anemic.

There is no reason why your loved one's health or sense of well-being should suffer from a deficiency, illness, or injury that can be easily treated. You may be able to file an Orange County, California nursing home negligence lawsuit if a facility (or its nursing home workers) did not provide the necessary nursing care that the you or your loved one needed.

While most anemia cases are mild, they can still lead to a decrease physical endurance, fatigue, and the reduction of oxygen being circulated through the blood. If you are an older person who is already suffering from numerous ailments, developing anemia will only make you feel worse.

Anemia is Common for Elderly Residents in Long-Term Care Facilities, National Anemia Action Counsel

Related Web Resources:
Anemia - Complications, HealthCentral.com

The California Nursing Home Guide

Continue reading "Preventing Orange County, California Nursing Home Negligence: With 50% of Long-Term Care Patients Suffering from Anemia, Long-Term Care Facilities Should Properly Diagnose and Treat this Deficiency" »

The widow of Vernon Hunter is has filed a wrongful death lawsuit over the tragic plane crash that claimed his life. Hunter, 68, was in the seven-story building that Andrew Joseph Stack III flew into on February 18.

Nearly 200 Internal Revenue employees worked in the building, and Hunter was one of them. Police say that Stack set his house on fire before embarking on the tragic plane trip. On his Web site, he left a 3,000-word message attacking the federal government, including the IRS.

Autopsy results indicate that Hunter died from conflagration injuries. His death was ruled a homicide. The building that Stack's plane struck sustained serious damage.

The plaintiff, Valerie Hunter, originally had named Stack's widow, Sheryl Mann Stack, as a defendant in the airplane accident lawsuit. However, KVUE.com is reporting that Sheryl's name has been removed from the complaint. The lawsuit originally argued that Stack's widow should have warned that her husband might be a danger to others.

The wrongful death complaint contends that Hunter's family should be compensated for damages because Stack was negligent when he endangered the victim's life. The pilot was legally required to fly his aircraft at 1,000 feet above the highest obstacle, which he failed to do.

Orange County, California Aviation Accidents
While commercial flights undoubtedly result in more fatalities, the National Transportation Safety Board reports that passengers riding in private planes have a 50 times greater fatality risk. A significant number of these private plane crashes occur in the state of California.

There are specific state and federal laws that govern aviation accidents, and there may be multiple parties, parties from out of state, including individuals and entities that should be held liable. Pilot error, aircraft malfunction, FAA regulation violations, air traffic controller mistakes, and maintenance mistakes are just some of the common causes of aviation accidents.

Attorney: Stack widow being removed from lawsuit, KVUE, February 25, 2010

Widow of Austin Plane Crash Victim Sues Pilot's Widow, WIBW/CNN, February 28, 2010

Related Web Resources:
National Transportation Safety Board

PlaneCrashInfo.com

Continue reading "Airplane Accident: IRS Employee's Widow Files Wrongful Death Lawsuit after Pilot Crashes Plane Into Office Building" »

Jaycee Dugard, the woman who was kidnapped and held hostage for 18 years, has filed a claim notifying California's Department of Correction that she is intending to file a personal injury lawsuit. Her two daughters, who are minors, and her mother, Terry Probin, have also filed their injury claim forms.

Dugard was 11 when Nancy and Phillip Garrido kidnapped her outside her South Lake Tahoe residence in 1991. They held her hostage in a backyard compound and she eventually gave birth to two children by Phillip, who is accused of raping her. The girls are now 12 and 15.

Dugard and her daughters were discovered last August after campus security at UC-Berkeley saw Phillip and thought he was acting strangely. His parole officer brought him in for questioning and he admitted to kidnapping Jaycee.

In California, plaintiffs have six months from the date that an incident occurred to file a personal injury lawsuit. Dugard's California injury claim forms note that she is seeking over $25,000.

The California Corrections Department was supposed to closely monitor Phillip, who became a registered sex offender after he was convicted of raping a 25-year-old woman. He was under parole supervision from 1988 to 1999.

The Office of th Inspector General has determined that the state of California immediately erred in the way they handled Phillip's parole. They mistakenly classified him as a low-risk offender, and an agent who visited Phillip's residence took at face value the parolee's account that the girl who was there was a niece.

The Garridos are charged with kidnapping and raping Jaycee.

In certain California personal injury cases, there may be parties that can be held liable even if their actions or inaction only indirectly contributed to causing the injuries.

Dugard, Family File Claims Against Calif Officials, NY Times, February 26, 2010

Jaycee Dugard Found After 18 Years, Kidnap Suspect Allegedly Fathered Her Kids, ABCNews, August 27, 2009

Jaycee Dugard, Family File Claims Against California, Fox News, February 26, 2010

Related Web Resources:
Jaycee Dugard Abduction Timeline

California Department of Corrections and Rehabilitation

Continue reading "Jaycee Dugard, Her Two Daughters, and Mother File California Injury Claim Against the State's Department of Corrections" »

This week, the US Food and Drug Administration told patients that despite reports affirming that taking Avandia can increase the chances that the user may have a heart attack, it is important that patients continue to use the drug until they've sought the advice of a personal physician. Thousands of people take Avandia to treat Type 2 diabetes.

Over the weekend, US Senators Charles Grassley and Max Baucus released a report accusing pharmaceutical company GlaxoSmithKline of knowing for years about the heart attack risk even before a 2007 study in the New England Journal of Medicine reported this dangerous side effect. The FDA even recommended in 2008 that Glaxo take Avandia off the market because the drug was causing about 500 heart attacks and 300 heart failure incidents a month.

Grassley and Baucus note in their report that despite Glaxo's duty to warn patients and the FDA about this unfortunate cardiovascular risk, the company instead tried to misrepresent or minimize the findings while intimidating independent doctors. However, Glaxo claims that the congressional report is incomplete.

Dangerous Drugs
If there is a possibility that your loved one's heart attack, injury, or illness was caused by taking medication, you may have grounds for filing an Orange County, California dangerous drug lawsuit against the pharmaceutical company that made the drug. Over-the-counter and prescription medications are supposed to improve patient health and/or alleviate pain. They aren't supposed to hurt you, make you sick, or kill you.

Our Orange County, California products liability lawyers are committed to making sure that victims of negligent manufacturers and pharmaceutical companies are compensated for the harm that they have suffered because of a dangerous drug or another defective products.

Diabetes patients should not stop taking Avandia, FDA says, USA Today, February 22, 2010

Research Ties Diabetes Drug to Heart Woes, NY Times, February 20, 2010

Glaxo Knew Avandia Caused Heart Risk, Report Says (Update1), BusinessWeek, February 20, 2010

Related Web Resources:
6 Things You Should Know About Avandia, US News & World Report, February 25, 2010

Avandia, GlaxoSmithKline

Continue reading "Dangerous Drug?: Senate Report Alleges That GlaxoSmithKline Knew Avandia Increased Heart Attack Risk" »

The mother of Tyrene Livingston is suing Toyota for Los Angeles wrongful death. Sandra Livingston filed her California auto products liability lawsuit on Monday.

Her Los Angeles County products liability complaint claims that in 2007, Tyrene, 21, brought her new Toyota Yaris back to the dealer because she was experiencing brake problems. The dealer reportedly told her that her car was working fine. Unfortunately, four days after the Toyota accelerated out of control and she died at the crash site.

Although the Toyota acceleration accident took place in Pennsylvania, Sandra filed her wrongful death complaint in California, because that is where Toyota's North American headquarters is located. Sandra claims in her lawsuit that the automaker should have provided either a means for the brake to override the system or a mechanical connection between the engine and the brake.

Our California Injury Lawyers Blog has been closely monitoring the acceleration problems that have been plaguing Toyota and the owners of its vehicles. So far, the car manufacturer has recalled over 8.5 million Toyota vehicles over issues with the gas pedals, brakes, and floor mats.

This week, Toyota's top US sales executive, James E. Lentz, stood before the House Commerce and Energy Committee and apologized over the problems that led to the need to recall so many autos. While repairs have been made to alleviate the sticking gas pedals and ill-fitting floor mats, Lentz acknowledged that the repairs won't completely solve the problems. He noted that electronics could be a possible cause of the sudden acceleration incidents that has led to Toyota drivers losing control of their vehicles. Lentz says the automaker intends to install electronic programming that will let the brake override the throttle on more autos than what was previously announced.

Toyota exec says recall won't 'totally' fix problem, Los Angeles Times, February 23, 2010

LI mom sues Toyota over death crash, New York Post, February 23, 2010

Related Web Resources:
NHTSA Launches Probe into Timeliness of Three Toyota Recalls, National Highway Traffic Safety Administration, February 16, 2010

Toyota Motor Corp.

After the jury deadlocked, a judge declared a mistrial in the La Habra wrongful death lawsuit against officers John Jaime and Pete DiPasqua. The La Habra cops were sued by the family of Michael Cho. The two cops fatally shot the 25-year-old 11 times outside a liquor store on December 31, 2007. The plaintiffs had alleged excessive use of police force by the two men. The Cho family says they will retry the Orange County, California police brutality case.

On the day that Cho, 25, was shot, the officers arrived at the scene to investigate reports that someone was vandalizing motor vehicles. The caller identified Cho as the suspect.

According to witnesses, Cho had a tire iron in his hand as he went toward the cops and he disregarded their commands that he drop the object. However, the Chos say that their son was at enough of a distance from the cops that they could have Tasered him, used pepper spray, or set the police dog on him. Meantime, the defendants' lawyer argued that his clients were legally allowed to use lethal means if they believed their lives were at risk.

Per toxicology reports, there was marijuana in Cho's system.

Orange County, California Police Brutality
Police in Orange County, California must be careful when using force on a suspect. That use of force must be absolutely necessary. Otherwise, the officers should be using less violent means to apprehend, arrest, or detain a suspect.

Unfortunately, many people don't even realize when they've become the victim of police abuse and that their civil rights have been violated. Verbal abuse, emotional abuse, threats, blackmail, harassment, and sexual abuse are also considered excessive use of force when instigated by police officers that are "doing their job."

Even if criminal charges aren't filed against the officers, there are steps you can take to hold the police officers accountable for your Orange County, California personal injuries.

Mistrial declared in fatal police shooting case, OC Register, February 12, 2010

Related Web Resources:
Police Use of Excessive Force, US Department of Justice (PDF)

La Habra Police Department

A California jury has found Martin Burt Kuehl guilty of killing Martha Ovalle during a Newport Beach car accident in August 2008. The 32-year-old nanny was crossing Westcliff Drive when she was fatally struck by the Costa Mesa driver.

Prosecutors had accused Kuehl of engaging in distracted driving when he accidentally hit Ovalle with his car. The 42-year-old motorist had been sending and receiving texts within the 30 minutes leading up to the Orange County, California pedestrian accident.

However, the jury said that the texting while driving allegations did not contribute to their decision. They did, however, cite witness testimony stating that the Costa Mesa motorist did not step on the gas right away when a traffic light turned green. He also reportedly drifted lanes before striking Ovalle. Both served as indicators that Kuehl was engaged in distracted driving.

Distracted Driving Accidents
Talking on a cell phone, text messaging, surfing the Internet, eating with both hands, looking for songs on an iPod, putting on makeup, and reading are distracted driving activities that can kill motorists and pedestrians and may land the distracted driving in jail.

A Few Distracted Driving Facts:
• According to the Insurance Institute for Highway Safety, drivers who fiddle with handheld devices increase their chances of hurting themselves by up to four times.

• The National Highway Traffic Safety Administration says that the 20 and under age group, who are the most inexperienced motorists, are the ones least likely to drive while distracted.

• Per Carnegie Mellon, a distracted driver lowers the amount of brain activity that is connected to driving by 37%.

No one intends to hurt anyone by making a phone call or sending a text. But the truth is that distracted driving can kill people.

Costa Mesa driver found guilty of killing nanny in 2008 road accident, Daily Pilot, January 27, 2010

Distracted Driving: Orange County, California Judge Says Costa Mesa Driver Accused of Texting Must Stand Trial for Newport Beach Pedestrian Accident, California Injury Lawyers, September 30, 2009

Related Web Resources:
Distraction.gov

Distracted Driving, National Safety Council

Continue reading "Orange County, California Distracted Driving Accident: Costa Mesa Driver Found Guilty in 2008 Newport Beach Car Crash that Killed Nanny " »

A Pomona Superior Court has awarded the family of Jessica Ramirez a $12 million Los Angeles County medical malpractice verdict in their case against Greater El Monte Community Hospital. Ramirez, 22, has a traumatic brain injury that has left her in a persistent vegetative state. She now resides in a North Hollywood nursing home and requires round-the-clock care.

On September 4, 2007, Ramirez sustained an air-rifle pellet to the brain. However, following the air gun shooting, she was still conscious and could ask for help.

Her family contends that after seeking medical help at Greater El Monte Community Hospital, Ramirez was allowed to remain at the facility before she was flown to a Pasadena hospital for surgery to remove the pellet. According to the family's Los Angeles medical malpractice lawyer, Greater El Monte Community Hospital were delayed in both evaluating her condition and transferring her to Huntington hospital after x-ray results showed that the pellet had entered her brain. He claims that the medical delays caused Ramirez to sustain a traumatic brain injury and she may have had a better medical outcome if only surgery was performed sooner.

The defendant in the Los Angeles medical malpractice lawsuit is hospital owner AHMC Healthcare, Inc. The award consists of $10.6 million for future medical care, $1 million for pain and suffering, and $373,000 for past medical bills. Ramirez's mom says the award will allow her to bring her daughter home.

The verdict is being appealed.

Los Angeles Medical Malpractice
It is so important that medical professionals conduct their exams, make the correct diagnosis, and perform the proper procedure in a timely manner. In many cases, sooner rather than later can make the difference between life and death and between non-aggressive treatment and painful, invasive, lengthy treatments. Doctors, surgeons, emergency room workers, paramedics, anesthesiologists, and other medical professionals cannot afford to make mistakes. Otherwise, they can be sued for Orange County, California medical malpractice.

Jury finds El Monte hospital negligent, family awarded $12 million, SGVTribune.com, February 11, 2010

Jury awards $12 million to woman with brain injury, WTOP, February 12, 2010

Related Web Resources:
Greater El Monte Community Hospital

Traumatic Brain Injury

An Orange County, California truck crash that took place at around 2:30am on Sunday has claimed the life of Cara A. Lee. The Santa Ana resident was riding in the front seat of Hao A. Nguyen's Toyota Corolla when the vehicle was struck by a Toyota Tundra truck that ran a red light in Costa Mesa.

Lee was pronounced dead at the Costa Mesa truck accident site, while Nguyen was taken to a Santa Ana hospital for treatment of minor injuries. He was arrested on suspicion of DUI.

Also arrested was Costa Mesa driver Gustavo A. Vega. The 22-year-old, who was driving the Toyota truck, was booked on suspicion of murder, felony DUI, vehicular manslaughter, possession of a controlled substance, and felony hit-and-run.

Although in most cases people never get drunk with the intention of hurting anyone, when an inebriated motorist getting behind the driver's seat of a car, he or she is putting the lives of others in great peril. Alcohol is a depressant that gets absorbed quickly into the bloodstream and stays there for awhile. It impairs a person's reaction time, slows down reflexes, impairs vision and visual perception, decreases concentration, impairs comprehension, reduces foot, hand, and eye coordination, and can cause drowsiness. While just having one of these impairments can lead to a catastrophic car crash, all of them affecting a person's driving at one time can be deadly.

Drunk drivers often have a hard time controlling their vehicle. They may not be able to stay in just one lane, forget to use headlights, follow too closely behind another auto, not realize that they are speeding or driving to slowly, and/or find it difficult to immediately stop their vehicle in an emergency.

Regardless of whether or not the legal system properly punishes a drunk driver, you can take matters into your own hands by finding out whether you have grounds for filing a Costa Mesa personal injury claim against the negligent motorist.

1 dead, 2 arrested after truck slams into car, The Orange County Register, February 14, 2010

Driving and Alcohol, Hsc.WVU.edu

Related Web resources:
Mothers Against Drunk Driving

Arrest for Driving Under the Influence (DUI): General Information, California Department of Motor Vehicles

Continue reading "One Person Dead in Costa Mesa Truck Accident Involving Two Allegedly Drunk Drivers " »

Michael Edwards' family is has filed a $10 million wrongful death claim against the city of Irvine for his Orange County, California motorcycle accident death. The 23-year-old was killed last July in an Irvine motorcycle crash involving a motor vehicle.

The deadly traffic crash happened when a Mercedes-Benz made an illegal left turn in front of the Edwards, who couldn't stop his bike in time. Edwards died at the traffic crash site.

According to the Orange County, California wrongful death claim, the city of Irvine is liable for the collision because the street where the deadly motorcycle accident happened lacked road warnings or signage. As a result, motorists may not have realized that turning left onto Wisteria from Walnut was illegal.

David Dietrich, the Mercedes's driver, pleaded guilty to the criminal charges of failure to obey traffic signs and vehicular manslaughter without gross negligence. His sentence includes 300 hours of community service and 3 months on probation.

Cities are responsible for making sure that roads are properly designed and that all the necessary traffic signs, lights, and lanes are in place to ensure that there is safe flow of traffic in all directions. Dangerous roadways can cause deadly Orange County, California motor vehicle crashes. In the event that this happens in a California city, you may have grounds for filing a personal injury claim. If you and the city are unable to reach an agreement, you may choose to pursue a civil lawsuit.

It is always tragic to lose someone you love--especially if the cause is a traffic crash that could have been avoided. Motorcycle riders only have their helmets and protective clothing (if even that) to protect them during a crash. Although many people wrongly believe that motorcyclists tend to drive their bikes at high speeds without full regard for their own safety, this is usually not the case. Spinal cord injuries, traumatic brain injuries, burn injuries, broken bones, and internal injuries can be the unfortunate result.

You may not be able to bring your loved one back, but you can hold those responsible liable in civil court.

Claim: Dangerous Irvine roadway caused fatal collision, OC Register, February 4, 2010

Related Web Resources:
City of Irvine

Motorcycle Accidents, NHTSA (PDF)

More than six years after Trent Hughes sustained a spinal cord injury in an accident that left him a paraplegic, a Riverside County jury has awarded a $16.5 million California medical malpractice verdict to him and his wife Lisa in their personal injury case against neurosurgeon Christopher Pham.

Trent, who at the time was 41, began experiencing numbness in his toes and feet, as well as excruciating pain in his lower back while on an off-road vehicle excursion on November 2, 2003. He was flown to a Palm Springs, California where, at about 2pm, he was diagnosed with a spine fracture.

Hospital records indicate that Pham, who was on call, was supposed to arrive at the Emergency Room within 20 minutes after he was contacted to assess the extent of Trent's injuries. However, he didn't see the patient until the following afternoon. Also, Pham did not perform the surgery to decompress Trent's spinal cord until the day after that one.

The couple's Riverside County medical malpractice lawsuit contends that by the time Pham conducted the surgery, Trent's spinal cord injury had become irreversible and, as a result, he is now paralyzed.

Before the accident, the Hughes, who are former high school sweethearts, ran a successful air conditioning business. Following Trent's catastrophic injuries, they lost their business.

The jury's verdict against Pham comes after a re-trial. A verdict issued by a jury after the case was tried in January 2004 was overturned because of defense counsel misconduct during their closing. The couple has already settled their medical malpractice claim against Desert Regional Medical Center.

The $16.5 million Riverside County medical malpractice verdict includes damages for medical expenses, rehabilitative costs, loss of consortium, pain and suffering, and lost income.

Surgical Errors
Surgical mistakes, delayed surgeries, wrong site surgeries, and accidentally leaving a medical instrument or another object in the patient following surgery are surgical errors that can be grounds for California medical malpractice. These are not errors that can be fixed easily. In some cases, medical mistakes can prove catastrophic for the patient.

Riverside jury awards Arizona couple $16.5 million in medical malpractice suit, Los Angeles Times, February 3, 2010

Former valley doctor found negligent, Mydesert.com, February 2, 2010

The family of 66-year-old Noriko Uno is suing Toyota for California wrongful death. They are claiming auto products liability over the fatal car crash that occurred when her Camry accelerated out of control on August 28, 2009--the same day that four people died in San Diego when their Lexus accelerated out of control. That runaway car crash led to the recall of over 4 million vehicles because the gas pedal could get entangled in the floor mat.

According to witnesses, Uno's Camry accelerated to 100 mph. She wove in and out of traffic until her vehicle hit a curb, flew into the air, struck a pole, and hit a tree. Uno died from her Los Angeles County car accident injuries.

The family's Los Angeles County wrongful death lawsuit claims that Uno died because of a defect with her Camry's electronic "drive-by-wire" throttle system. The automaker has maintained that this system is not a cause of the numerous runaway Toyota car accidents that have been happening.

Uno's family is seeking unspecified damages and is calling on Toyota to expand its recall further. The car manufacturer has recalled 2.3 million vehicles over the sticking gas pedal problem, but Uno's Camry, a 2006 model, is not included in the recall.

The family's California auto products liability lawyer says Toyota should recall its 2002 - 2006 Camry models. He says the National Highway Traffic Safety Administration and the automaker were aware of 389 complaints filed involving these models over accelerators that went out of control but that the NHTSA closed its probe because it couldn't obtain enough data to arrive at any final findings.

This week, Toyota recalled hundreds of thousands of other vehicles over other defects. The auto manufacturer recalled 437,000 Prius and Lexus hybrids so that the software that controls the brake system can be repaired. It also recalled 7,300 Camrys ( 2010 model) because of a problem with the brakes.

The federal government is also looking into complaints that there may be a problem with the steering on the 2009 and 2010 Corollas. About 80 complaints have been filed in the US.

Toyota Corolla steering problems prompt complaints to feds, February 9, 2010

Toyota To Recall 437,000 Hybrids As Prius Concerns Add To Woes, February 9, 2010

Calif. suit blames Toyota throttle for fatal crash, Reuters, February 4, 2010

Related Web Resources:
Recall Information, Toyota

NHTSA