California Injury Lawyers Blog

More legal trouble for Lindsay Lohan as she finds herself the defendant of another Los Angeles motor vehicle accident lawsuit. This time, the plaintiff is a woman who claims she suffered serious, disabling injuries when she was struck by the actress's Maserati. Nubia Del Carmen Preza is seeking damages for personal injury, anguish, pain and suffering, lost wages, and medical bills.

Preza says she was walking through a West Hollywood intersection in September 2010 when the Los Angeles pedestrian accident happened. Lohan's spokesperson says that they haven't seen the complaint yet.

It was just earlier this month that a member of the paparazzi sued Lohan for injuries he claims he sustained in a Los Angeles traffic accident involving Lohan who was the passenger of another car. Grigor Balyan says that while taking pictures of the actress he was hit by the vehicle transporting her as it rushed to leave a Hollywood club. He says he sustained neurologic and orthopedic injuries.

Last year, Lohan settled another Los Angeles car accident lawsuit filed by Tracie Rice, who was riding in a car driven by the mom of Lohan's ex-personal assistant, who had just quit that job. Rice sought damages for infliction of emotional distress and assault after Lohan chased their vehicle in 2007. Rice said she feared for their lives.

Lohan was arrested by police and charged with driving under the influence of alcohol, bringing a controlled substance into custody, possession of cocaine, and driving on a suspended license. She later pleaded guilty to drugged driving, drunken driving, and reckless driving.

Meantime, another Los Angeles injury lawsuit against Lohan over the same incident is still pending. Ronnie Blake, Dante Nigro, and Jakon Sutter say Lohan endangered them when she hijacked their vehicle while they were still in it to pursue the other car.

Los Angeles Car Accidents
If you were seriously injured in a Los Angeles car accident, pedestrian accident, motorcycle collision, truck crash, bus accident, or any type of motor vehicle collision, do not hesitate to contact Howard Law, PC today. "With the tens of thousands of people that are injured and killed in traffic crashes, it is important that you know that you have legal options--especially when your injuries result inexpensive medical bills, lost wages, physical and emotional trauma, funeral expenses, or the loss of a loved one," said Los Angeles County Personal Injury Attorney Vincent Howard.

It is important that you not speak with the other party or their insurance company without speaking to a lawyer first. If possible, make sure to get the other driver's contact information and insurance information while documenting your account of what happened. Collect the contact information of witnesses and call a Los Angeles motor vehicle accident lawyer immediately.

"Sometimes victims get intimidated by the process and the other parties involved. With an experienced Los Angeles injury attorney on your side," the steps you need to take to obtain your financial recovery becomes much less daunting and achievable," said Anaheim Personal Injury Lawyer Vincent Howard.

Lohan sued by pedestrian allegedly struck by star, KTRV, January 25, 2012

Sued By Paparazzo Over Car Accident, TMZ, January 10, 2012

Lindsay Lohan settles suit over 2007 highway chase, Boston.com, May 27, 2012

More Blog Posts:
NHTSA Reports 2,715 California Traffic Fatalities in 2010, California Injury Lawyers Blog, California Injury Lawyers Blog, December 15, 2011

NTSB Wants All States to Ban Cell Phone Driving, California Injury Lawyers Blog, December 13, 2011

Costa Mesa Woman Arrested in Newport Beach Pedestrian Accident May Have Been Intoxicated, California Injury Lawyers Blog, December 7, 2011

Continue reading "Lindsay Lohan Sued for Los Angeles Personal Injury by Pedestrian" »

One year after a lone gunman shot her through the head, Rep. Gabrielle Giffords has announced that she will be giving up her seat in the US Congress to focus on her recovery. Giffords sustained a traumatic brain injury when she was shot by Jared Lee Loughner outside a Safeway store in Arizona where she was conducting her "Congress on your Corner" meeting on January 8, 2011.

Loughner shot 18 other people that day. 12 of the injured survived, while six others died. Since the shooting, the congressman has bravely fought the uphill battle to recover. She was initially put into a medically induced coma and underwent surgery to control brain swelling and stop the bleeding. Her skull had to be temporarily removed and her eyelids were decompressed.

Since then, Giffords has undergone months of rehab to learn how to walk and talk again. Her fight to get better is far from over.

"We wish Mrs. Giffords well and are happy that continues to get better," said Howard Law PC founder and Anaheim traumatic brain injury attorney Vincent Howard.

Traumatic Brain Injuries
Not all brain injuries are the same. The manner in which it was sustained, the force of impact that was created, the area of the brain and any corresponding functions that were affected, and the health and age of the victim can all have an impact on the outcome. A TBI from a gunshot wound is very different from one from a fall accident or in an Orange County, California car accident.

While some patients are fortunate enough to fully recover, others are not so lucky. Brain damage can lead to:

• Cognitive disabilities
• Speech difficulties
• Confusion
• Memory loss
• Problems concentrating
• Comprehension problems
• Receptive aphasia
• Expressive aphasia
• Sensory problems
• Partial vision loss
• Double or blurred vision
• Blindness
• Hearing disabilities
• Seizures
• Chronic pain
• Paralysis
• Spasticity
• Sleep disorders
• Bowel control problems
• Personality changes
• Depression
• Brain death
• Coma
• Death

A TBI can have a devastating effect on the patient's entire life, impairing his/her ability to be in relationship, hold a job, live independently, drive a car, take care of his/her children, be intimate with a spouse or partner, and/or enjoy the many other freedoms and activities that everyone else takes for granted. Family members and loved ones also sustain certain losses when a brain injury patient loses so much.

"We know that the toll a brain injury can take on a victim can go way beyond what can be documented on a medical chart," said Anaheim personal injury attorney Vincent Howard. "It can be tough to handle these challenges without having the resources that you need to cover treatments and other expenses."

Leading cases of TBIs (Centers for Disease Control and Prevention):

• Fall accidents
• Traffic crashes
• Getting hit by/hitting against events
• Assaults

Gabrielle Giffords in Medically Induced Coma to Help Brain Rest, ABC News, January 9, 2011

What are the Leading Causes of TBI?, Centers for Disease Control and Prevention

More Blog Posts:
$12.2M California Truck Accident Verdict Awarded to Victim Who Sustained Traumatic Brain Injury After Being Hit By a Trailer Wheel, California Injury Lawyers Blog, September 9, 2011

Fullerton Cops Accused of Orange County, California Police Brutality in Fatal Beating of Kelly Thomas, California Injury Lawyers Blog, August 13, 2011

$6M Riverside County Truck Accident Settlement Reached in 2007 DUI Case, California Injury Lawyers Blog, May 27, 2011

Continue reading "Rep. Gabrielle Giffords Resigns from Congress to Focus on Recovery from Traumatic Brain Injury" »

Mark Anthony Knight, the Santa Ana plastic surgeon who was forced to give up his medical license after he was accused of having sex with a patient, is now the defendant of a Los Angeles, California medical malpractice lawsuit. The plaintiff is a woman who says that he gave her breast implants that were too big.

Elisa Geraci claims she initially wanted a breast lift but that Knight suggested that she get breast implants. Geraci contends that she agreed to C cup implants but when she woke up her breasts were so big they caused her to "look like a monster." She accuses Knight of refusing to remedy the medical error. Gerasi has since gone to another plastic surgeon and had the implants taken out.

Knight lost his license in 2010 to settle the sexual misconduct allegations. Earlier that year the California Medical Board accused him of having inappropriate sexual contact with two patients. He allegedly had sex with one patient while her spouse and kids were in the waiting room. He also allegedly kissed another patient even though she rebuffed his advances.

"Plastic surgery, like any other surgery, is a procedure to be taken seriously--even done when for cosmetic purposes," says Howard Law, PC partner and Anaheim medical malpractice attorney Vincent Howard. "It is important that plastic surgeons don't make any mistakes that cause serious injury, problems patient's physical appearance, or any health complications."

In Southern California, where the pressure to maintain a beautiful physical appearance is high, it is not uncommon for both men and women to undergo plastic surgery. It is important that the doctor who performs your procedure is experienced in this field of medicine and has the skills to do a proper job.

Risks associated with getting breast implants:
• Infection
• Wrong implant size
• Toxic shock syndrome
• Breast pain
• Chest pain
• Leaks
• Ruptures
• Deflated implants
• Scarring
• Asymmetry
• Rippling
• Nipple numbness

Breast implant procedures are costly enough to begin with, but add the expenses of corrective surgery and additional treatments and the medical bills can really start to skyrocket. These damages don't even include the complications that can arise from these serious risks if any of them do manifest.

"You want to make sure that you work with a Los Angeles personal injury law firm that knows how to determine who should be held responsible" said Anaheim plastic surgery malpractice attorney Vincent Howard.

Dangerous Drug Lawsuit Seeks Blames Children's Tylenol for Toddler's Death, California Injury Lawyers Blog, January 6, 2012

Birth Injuries Can Be Grounds for an Orange County, California Medical Malpractice Case, California Injury Lawyers Blog, December 16, 2011

Fullerton and Mission Viejo Hospitals Fined For Morphine Overdose and Surgical Error, California Injury Lawyers Blog, December 9, 2011

Continue reading "Los Angeles Plastic Surgery Malpractice: Woman Sues Santa Ana Doctor For Botched Breast Implants " »

According to the New York Times, many cases of hospital delirium involving elderly patients can be prevented if only the proper medical steps are taken. Also, not only does this condition often go undiagnosed and, therefore, is not treated properly, but also, delirium can later to lead to other mental complications while potentially increasing the risk of death. Our Anaheim medical malpractice lawyers at Howard Law, PC wants to remind you that if you or someone you love suffered health complications that could have been prevented by a medical professional, you may have grounds for an Orange County, California personal injury case.

Hospital delirium is a brain dysfunction that is one of the more common complications that elderly patients can face. Common causes of hospital delirium include:
• Prescribing certain medications (including certain sleeping pills, sedatives, painkillers, allergy meds, incontinence medications, and blood pressure drugs.
• Anesthesia
• Immobilizing a patient
• Surgery
• Infection
• Pneumonia
• Catheter insertions

Of the 11.8 million elderly patients that are hospitalized annually, 20% of them will experience hospital delirium. Per the American Geriatrics Society, many of these patients had been treated in the ICU or underwent surgery.

Even if the delirium is short-lived, Vanderbilt University School of Medicine professor Dr. E. Wesley Ely reports that the consequences may be long-term. Image scans of patients that suffered from delirium showed a change in brain size. Not only can delirium cause mental impairment and long-term memory loss, but also the risk of death may rise threefold.

Yet despite the fact that hospital delirium is not uncommon, Harvard Medical School Professor and Aging Brain Center at Hebrew Senior Life director Dr. Sharon K. Inouye says that many doctors, especially those belonging to the older generations, are still not aware that 30-40% of incidents of hospital delirium are preventable.

"Proper diagnosis, treatment, and supervision are integral when providing medical care to hospital patients," says Howard Law, PC founder and Anaheim personal injury attorney Vincent Howard. "Over the years, we've talked to too many people whose condition deteriorated or suffered health complications due to medical negligence or ignorance."

Possible Signs of hospital delirium:
• Disorientation
• Problems focusing
• Inattention
• Confusion
• Illogical thinking
• Difficulty paying attention
• Agitation
• Aggressiveness
• Anxiety
• Lethargy
• Problems making eye contact
• Muddled thinking
• Confusion
• Inability to answer basic questions

The New York Times notes that it is also important that medical professionals be able to tell the difference between delirium and dementia.

Some ways to treat hospital delirium:
• Proper fluids and nutrition
• Reorientation techniques to help the person get grounded in reality again
• Creating a familiar, quiet environment so the patient can recover
• Correcting sensory deficits with hearing aids and glasses
• Avoiding physical restraints
• Close observation and supervision
• Psychiatric counseling

That said, treating delirium can be costly and may lead to extended hospital stays, an increased chance of later developing dementia, and additional care at a nursing home or rehab center.

"It is essential that people know about hospital delirium and understand that this condition can be prevented," said Anaheim personal injury lawyer Vincent Howard. "One way of doing this is holding that party or parties that caused such health complications accountable for Orange County, California medical malpractice so that they don't make the same mistakes in the future."

Another Hospital Hazard for the Elderly, New York Times, November 2, 2011

Delirium treatment and management, Medscape

Hospital delirium is common and often goes unrecognized, reports Harvard Women's Health Watch, Harvard Health Publications

More Blog Posts:
Fullerton and Mission Viejo Hospitals Fined For Morphine Overdose and Surgical Error, California Injury Lawyers Blog, December 9, 2011

Convicted of Involuntary Manslaughter, Dr. Conrad Murray Still Faces Los Angeles Wrongful Death Lawsuit Over Michael Jackson's Fatal Overdose, California Injury Lawyers Blog, November 8, 2011

$10M California Medical Malpractice Settlement Awarded to Family of Toddler Who Underwent Amputations Following 5 Hour ER Delay, California Injury Lawyers Blog, October 29, 2011

Continue reading "Orange County, California Medical Malpractice: Hospital Delirium Can Be Prevented with Proper Medical Care " »

A family of four was pulled to safety on Friday after the Dodge minivan they were in was pushed off the Balboa Island Ferry and into the water at Newport Beach. Their motor vehicle then proceeded to sink. Fortunately, no one was hurt in the Orange County, California motor vehicle accident.

According to witnesses, the minivan fell off the boat after it was rear-ended by a Mercedes-Benz that accelerated suddenly as it drove onto the ferry. The impact of the collision shoved the Dodge vehicle through a metal safety arm and overboard. The driver of the Mercedes, Lisa Rene-Blaisure Waite, has told investigators that the accelerator on her vehicle had gotten stuck.

As soon as the minivan fell in the water, a ferry worker jumped in to rescue Kuo-Hsuan Chang, Lung-Hsn Chu, and their two young children, Ping Chung Chang, 6, and Ko Chan Chang, 4. Two boaters in their vessels also helped retrieve the family, who are from Taiwan but were vacationing in Orange County, California. Fortunately, no one was hurt.

While this story has a happy ending, California ferryboat accidents can result in serious injuries and even death. In addition to boat collisions, sinking ferries, falls overboard, and drowning accidents, Orange County, California injury accidents can occur on these vessel. For example, a ferry boat passenger can get hit by a vehicle driving onto or off the ferry, sustain a traumatic brain injury in a slip and fall accident, or become the victim of a violent crime. There may be more than one party that should be held liable for your Newport Beach personal injury on a boat.

"There are steps that boat operators should Take to protect passengers from Orange California, injury accidents," said Newport Beach boating accident attorney Vincent Howard."

A personal injury case against a ferry, tour boat, or any other vessel is not the kind of case that you want to handle without the help of an experienced Newport Beach boating accident law firm that knows how to protecting your interests and legal rights.

A few common causes of boating accidents:
• Operator inattention
• Improper lookout
• Negligent operation
• Inadequate security
• Inadequate safety measures and procedures
• Engine failure
• Speeding
• Failure to keep a proper lookout

All ferries have to be in compliance with US Coast Guard safety regulations. This includes having at least the minimum amount of properly trained seamen on board, in addition with the necessary rescue boats, life rafts, and slides. Safety hazards need to be eliminated or prevented, such as making sure that the car deck isn't too crowded and the proper prevention measures to keep passenger from falling off the vessel are in place.

To schedule your free case evaluation, contact Howard Law, PC and ask to speak with Newport Beach Injury Attorney Vincent Howard.

Parents, kids rescued as van bumped off ferry, OC Register, January 13, 2012

Boater helps rescue family from sinking van in Newport Beach, Los Angeles Times, January 14, 2012

More Blog Posts:
Huntington Beach Wrongful Death Lawsuit in Fatal Jr. Lifeguard Boating Accident is Scheduled for Trial, California Injury Lawyers Blog, November 27, 2011

Huntington Beach Boat Accident Blast Injures Eight People, California Injury Lawyers Blog, November 26, 2011

Huntington Beach Wrongful Death Claim Seeks Damages from City After Boat Strikes Jr. Lifeguard During Training, California Injury Lawyers Blog, December 2, 2009

Continue reading "Balboa Island Ferry Accident: Passengers Rescued as Dodge Minivan Sinks into Newport Beach" »

The family of Elvira Gomez has settled their Los Angeles wrongful death lawsuit against
Xerox Corporation for $5 million. Gomez, 63, was killed in a California traffic accident in April 2009. The driver of the vehicle that struck Gomez, Eduardo Delgado, was driving a Xerox motor vehicle at the time of the pedestrian accident. He also had a history of driving under the influence.

According to their Orange County, California wrongful death lawyer, Xerox allowed Delgado to continue driving even though he'd had two DUIs. The company never checked his driving record. Delgado continued to drive for the company even after his license was suspended for two years. (At the time of the pedestrian accident that killed Gomez, Delgado had yet to reapply for a new license.) At least one other Xerox employee has multiple DUI's. Now, Gomez's family is seeking to push for a state law that would require businesses with at least 10 employees that are authorized to drive to register these individuals in a DMV program that would issue notices if any of them are convicted for serious traffic violations.

Motor Vehicle Crashes
If your loved one was killed in a traffic crash that was caused by a driver who was operating his/her vehicle as part of the job, you may be able to pursue damages not just from the negligent motorist, but also from his/her employer. California law can hold employers accountable for wrongful acts performed by an employee while that person working. This includes making sure that an employee isn't suffering from any sleeping disorders,addictions, or other afflictions that could impede his/her driving abilities, as well as has the experience and training to operate the vehicles they've been designated to drive. For example, not everyone knows how to safely drive an 18-wheeler truck or a 15-passenger van. Some vehicles also require a motorist to have a commercial driver's license.

"It is the responsibility of employers who task employees with driving to make sure these individuals are safe drivers who have the skills and training so that they can be trusted on the road," said Howard Law, PC partner and Anaheim motor vehicle accident lawyer Vincent Howard.

In certain situations, the company employing the driver may try to get you to settle your Orange County, California personal injury or wrongful death case right away. This is not a good idea.

"Some companies actually have teams in place that are tasked with immediately contacting the injured party and/or their loved ones to try to pressure them into settling," said Orange County, California pedestrian accident attorney Vincent Howard. "Do NOT do this unless you talk to an experienced injury lawyer to find out what next steps you should take."

Once you settle you cannot ask for more money even if your injuries later prove worse than you thought and your medical expenses have grown beyond initial estimates.

More Blog Posts:
NHTSA Reports 2,715 California Traffic Fatalities in 2010, California Injury Lawyers Blog, California Injury Lawyers Blog, December 15, 2011

NTSB Wants All States to Ban Cell Phone Driving, California Injury Lawyers Blog, December 13, 2011

Costa Mesa Woman Arrested in Newport Beach Pedestrian Accident May Have Been Intoxicated, California Injury Lawyers Blog, December 7, 2011

Continue reading "Xerox Settles Los Angeles Wrongful Death Lawsuit Over Fatal Pedestrian Accident for $5M" »

Dr. Dariush Javanshir's license has been revoked because he overprescribed medication to a patient a month before the latter died from a painkiller overdose in 2007. According to records from the Medical Board of California, the Irvine doctor provided the patient, a man in his 60's suffering from depression, with an unacceptable level of medical care, was negligent on multiple occasions, and failed to keep solid medical records.

"Orange County, California medical negligence can have fatal consequences," said Howard Law, PC partner and Anaheim medical malpractice attorney Vincent Howard. "Medical professionals that fail to provide a patient with the standard of level of care can be held liable if serious injury or death results."

The patient, whom Javanshir began treating in 2002, was suffering from suicidal thoughts, depression, anxiety, sleeping problems, low back pain, diabetes, panic attacks, and drug addiction. Between November 2006 through April 2007 Javanshir prescribed 1,120 lorazepam pills, 90 Valium tablets, 180 Ambien tablets, and 2,245 propoxyphene tablets. The reason that the doctor provided for authorizing the meds is that the patient was going to Afghanistan. However, Javanshir's medical records show that he, in fact, was aware that his patient was planning on sending the medication to friends and family there. Regardless of whether the extra medicine was for the patient or for others, both reasons are not acceptable for why a doctor would prescribe opiates to someone.

Irvine Medical Negligence
Prescription errors are a serious matter, even when the medication isn't a heavy-duty drug. Depending on the drug, the dose administered/taken, whether/not the person is taking other medications, and/or how it impacts the patient, the outcome could prove deadly or result in serious health complications. (Some other possible common effects of medication mistakes include fatal overdose, kidney damage, internal bleeding, brain injury, hypertensia, liver damage, permanent disability, chemical burns, bleed outs and coma.)

"For a doctor to purposely prescribe the wrong dose whether to enable a patient or for personal profit is Irvine medical negligence," said Orange County, California medical malpractice attorney Vincent Howard.

This is not the first time that Javanshir has been accused of medical negligence. In 1995, he allegedly overprescribed meds to someone without conducting a proper physical. He was later disciplined for failing for prescribing medications to patients for conditions they weren't suffering from and for failing to conduct a proper exam on one person who was experiencing headaches and stomach pain.

Irvine doctor loses medical license after patient dies of overdose, Los Angeles Times, January 8, 2012

Medical board: Doctor was negligent, Daily Pilot, January 7, 2012

More Blog Posts:
Dangerous Drug Lawsuit Seeks Blames Children's Tylenol for Toddler's Death, California Injury Lawyers Blog, January 6, 2012

Birth Injuries Can Be Grounds for an Orange County, California Medical Malpractice Case, California Injury Lawyers Blog, December 16, 2011

Fullerton and Mission Viejo Hospitals Fined For Morphine Overdose and Surgical Error, California Injury Lawyers Blog, December 9, 2011

Continue reading "Doctor Accused of Irvine, California Medical Negligence for Overprescribing Medicine Loses His License" »

At Howard Law, PC, our Orange County, California products liability represent patients that have been injured because of medical devices that were defective, failed, or faulty. One device, in particular, that has spurred hundreds of personal injury lawsuits in the US over the past few years is vaginal mesh, which has been used in hundreds of thousands procedures over the last few years as the implant device of choice for women suffering from pelvic organ prolapse and stress urinary incontinence.

Now, the Food and Drug Administration has written to 33 transvaginal mesh manufacturers telling them that they need to study the rates of health complications linked to these medical devices for a three-year duration. Johnson & Johnson, Boston Scientific, and C.R. Bard Inc. are three of the companies that received these letters, which come several months after the federal agency reported a significant jump in the number of injuries, deaths, and failures related to the mesh implants. The FDA also noted that it cannot verify whether using transvaginal mesh, as opposed to more traditional devices and procedures to treat the same ailments, presented more benefits.

Many of the women who reported related complications have had to undergo additional surgeries to remedy the damage done and/or remove the implant. In some cases, scar tissue that had developed made it impossible to remove the faulty device. Some patients have had to deal with chronic pain, organ damage, infection, urinary tract erosion, organ perforation, perineal cellulitis, painful intercourse, and other complications as a result of their vaginal mesh implants.

"It is important that medical devices are free from safety issues that can cause serious injury to patients," said Howard Law PC partner and Anaheim transvaginal mesh attorney Vincent Howard. "The number of injuries linked to mesh implants is unreasonably high and unacceptable."

The FDA received reports of 1503 adverse occurrences related to transvaginal mesh between 2008 and 2010. This was a fivefold increase from the two years prior.

"You want to work with an Orange County, California medical device manufacturer that isn't afraid to go up against large companies so that you can recover the compensation that you are owed," said Anaheim products liability attorney Vincent Howard.

Vaginal mesh products are FDA-approved under the 510(k) system, which allows medical devices that are similar to ones already approved to forego human testing. However, it is important to note that the majority of transvaginal mesh products that are FDA-approved under this system can trace their approvals to a mesh product made by Boston Scientific that was recalled 13 years ago.

The studies the FDA wants the 33 manufacturers to conduct will focus only on mesh products already available in the marketplace. One wonders why transvaginal mesh products that are not yet available shouldn't be studied before they are released into the market.

J&J, C.R. Bard Must Study Safety of Vaginal Mesh, FDA Says, Bloomberg, January 5, 2012

FDA reevaluating vaginal mesh implants, Los Angeles Times, July 13, 2011

More Blog Posts:
Woman Files California Vaginal Mesh Lawsuit in Los Angeles Superior Court, California Injury Lawyers, July 13, 2011

Woman Files California Vaginal Mesh Lawsuit in Los Angeles Superior Court, California Injury Lawyers, July 5, 2011

California Products Liability: Defective Hip Implant Devices Continue Causing Injuries, California Injury Lawyers Blog, December 30, 2011

Continue reading "FDA Wants Transvaginal Mesh Device Makers to Study Related Health Complications " »

A judge has sentenced 43-year-old Anne Keen to two years behind bars over an Orange County, California car accident that claimed the life of an elderly motorist. Pat Thompson-Yates, 77, died on January 18, 2011.

According to prosecutors, Keen was in Irvine when, because she wasn't paying attention, instead of stopping at the red light at the Farwell Avenue and Culver Avenue intersection she kept driving, which caused her car to CRASH into the vehicle driven by Thompson-Yates, who was making a legal left turn from Farwell Avenue. Keen's vehicle then spun around before again striking the elderly woman's car. Thompson-Yates, who was rushed to the hospital, died from multiple blunt-traumatic injuries.

Meantime, testing showed that Keen had methamphetamine in her system at the time of the collision. She negotiated a deal, pleading guilty to one misdemeanor count of using a controlled substance, the felony crime of vehicular manslaughter with gross negligence, and the infraction of driving as an uninsured motorist.

Distracted Driving
It is imperative that motorists pay attention to the road and other vehicles. Taking your eyes off the road for just a few seconds or becoming so preoccupied with a conversation you are engaged in/whatever you are worrying about can prove fatal. Couple any type of distracted driving activity--texting talking on a cell phone, surfing the Internet, eating, putting on makeup, looking elsewhere other than the road, reading a book, watching a movie, or eating--with driving while intoxicated and the consequences can be catastrophic.,

Driving while Intoxicated
Driving while under the influence of alcohol or drugs or heavy medication can affect driver attention, cognitive abilities, behavioral skills, judgment, coherence, and the ability to think and react clearly. It is also against the law. Unfortunately, every year, people are killed because motorists weren't paying attention and/or were intoxicated or inebriated. The law takes a harsh stance against motorists that were driving under the influence and often, the impaired driver must face the harsh consequences of jail time, harsh fines, and the knowledge that he/she caused someone else devastating harm.

"In addition to any criminal case filed against a reckless driver, you may be able to file an Irvine car accident claim to recover damages," said Anaheim personal injury attorney Vincent Howard.

It is important that you speak with an experienced Orange County, California motor vehicle crash law firm as soon as possible after the accident. There may be evidence that needs to be gathered and preserved and key witnesses to speak to while their memories of what happened are still fresh.

Distracted driver sentenced in fatal crash, OC Register, January 6, 2012

Irvine woman faces manslaughter charge in red-light crash, Los Angeles Times, September 29, 2011

More Blog Posts:
CHP Employs "Zero Tolerance" Policy with Distracted Driving Crackdown, California Injury Lawyers Blog, December 29, 2011

NTSB Wants All States to Ban Cell Phone Driving, California Injury Lawyers Blog, December 13, 2011

Huntington Beach Pedestrian Accident Lawsuit Accuses Police Officer of Talking on Cell Phone While Driving, California Injury Lawyers Blog, October 10, 2011

Continue reading "Irvine Woman Sentenced in Deadly Orange County, California Car Accident" »

The family of 2-year-old River Moore is suing Johnson & Johnson for his wrongful death. The toddler died from liver failure last July after taking Children's Tylenol (the Very Berry Strawberry flavor) for his mild fever. River started spitting blood 30 minutes after and he was rushed to a hospital.

According to his family's dangerous drug lawyer, the medication has too much acetaminophen and this damaged River's liver. The Children's Tylenol that River was given was from a batch that was recalled in April 2010. (In a statement issued at the time, J & J acknowledged that some of the medications have a higher concentration of certain active ingredients than what is noted.)

The drug manufacturer said it notified doctors, consumers, regulators, and retailers about the announcement right away. However, Courthouse News reports that in their dangerous drug complaint, Katy and Daniel Moore are claiming that not only did the defendants disregard poor manufacturing conditions, but also, Johnson & Johnson and its subsidiary McNeil Consumer Healthcare had contractors secretly go to stores that carried the tainted products and purchase all of them in an attempt to keep the recall a low profile one.

The Moores are accusing J & J of numerous offenses, including breach of warranty, recklessness, infliction of emotional distress, willful and reckless behavior causing death, and conspiracy. They are also suing three J & J subsidiaries, J & J CEO William Weldon, other company executives, ex- consumer health business head Colleen Goggins, and distributors and retailers who handled the drug. The family wants compensatory damages, punitive damages, interest, and payment of their legal fees.

"Unfortunately, there are prescription drugs and over-the-counter medications that end up causing thousands of deaths each year because drug manufacturers prioritized profits over people," said Orange County, California dangerous drug lawyer Vincent Howard. "It is our job to help our clients successfully navigate our complex legal system so they can receive the compensation that they are owed."

The Children's Tylenol recall is one of more than two dozen recalls that J & J has announced since September 2009. The nonprescription meds Motrin, Tylenol, and Benadryl are among these drugs.

"While no amount of money can compensate for the loss of a child, it can allow you to hold the negligent parties responsible for their actions," said Anaheim dangerous drug attorney Vincent Howard.

Couple says defective recalled Children's Tylenol killed 2-year-old son; J&J disputes that, The Washington Post/AP, January 5, 2011

Grieving Parents Blast J&J 'Stealth Recall', Courthouse News Services, January 4, 2012

More Blog Posts:
Yasmin/Yaz Birth Control Pills: FDA Advisory Panel Advises Including Blood Clot Warning on Their Labels, California Injury Lawyers Blog, December 31, 2011

$48.1M Los Angeles Products Liability Verdict Awarded to Man That Took Motrin and Developed SJS and TEN, California Injury Lawyers Blog, October 7, 2011

Food and Drug Administration Advisory Panel is Worried about the Number of Injuries Linked to Fosamax, California Injury Lawyers Blog, September 16, 2011

Continue reading "Dangerous Drug Lawsuit Seeks Blames Children's Tylenol for Toddler's Death " »

The state's highest court is considering whether parties that knew a child was being sexually abused yet failed to do anything to stop the incidents can be sued by the now-adult victims. Should the court rule yes, Roman Catholic dioceses could find themselves the defendants in more California clergy abuse complaints.

The case involves six brothers, who are now in their 50's and 40's. They claim that a priest sexually abused them during the 1970's but that it wasn't until 2006 that they realized that the distress they continue to experience was a result of molestations.

A lower court that heard the sibling's California child sex abuse case issued a finding that adult victims had flexible legal deadlines for suing third parties who knew about the sex abuse as it was happening. At today's hearing, however, several members of California Supreme Court expressed concern with this finding. Chief Justice Tani Cantil-Sakauye expressed worry that victims were depending on "vague language" in a law so they could bypass legal deadlines.

The California Supreme Court's ruling, which is due in 90 days, will likely affect dozen of California child sex abuse cases against clergy members.

"Victims of sex abuse often must contend with a lifetime of trauma from what happened to them, said Howard Law PC founder and Anaheim sex abuse attorney Vincent Howard. "It is unfortunate that the Catholic Church did not do more to stop molesters from continuing to abuse other kids."

While legal limits are supposed to prevent plaintiffs from file civil complaints based on events that happened long ago, the California Legislature has, on several occasions, extended such limits for child abuse lawsuits. In 2003, it established a one-year window for people that otherwise wouldn't have been able to sue schools, churches, and employers that knowingly protected the alleged abusers because too much time had already passed.

In this California sex abuse case, the Oakland Diocese is arguing that the brothers cannot sue them now because they didn't file their complaint during the one-year window and due to a (now abolished) provision that lets plaintiffs who were still younger than 26 pursue recovery from the abuser's employer. All of the brothers were over the age of 26 when they sued.

However, their California personal injury lawyers claim that both limits don't apply to these plaintiffs because certain amendments adopted in the '90's gave victims three years from when they discovered that their problems are a result of sex abuse to go to court. Although a trial judge threw out their case because of the statute of limitations, an appeals court agreed with the plaintiffs in 2009. Also, the brothers contend that they didn't link their personal challenges to the sex abuse until Broderson submitted a sword deposition in 2005. They filed their California sex abuse lawsuit the following year.

The priest accused of abusing the brothers, Donald Broderson, is now dead. He retired in the early 90's because of multiple abuse allegations. He has admitted to molesting at least two of the brothers and a number of other children. When the boys' parents complained about the abuse to church superiors, Broderson was made to go to counseling and transferred to other parishes.

"You want to work with an Orange County, California personal injury law firm that is familiar with sex abuse and the devastation it can create in the victim's life," said Anaheim injury attorney Vincent Howard.

CA Court Mulls Window for Old Clergy Abuse Claims, AP/ABC, January 6, 2012

Court studies limits to suing third parties in child molestations, Los Angeles Times, January 5, 2012

Continue reading "California Supreme Court Considers Whether to Allow Adult Victims of Child Sex Abuse to Sue Third Parties that Knew But Failed to Act" »

A US Food and Drug Administration advisory panel is recommending that the labeling on Yasmin and Yaz birth control pills be revised to include a warning that taking them may increase the risk of potentially fatal blood clots in the lungs and legs. Granted, while two to four out of every 10,000 women have been known to develop blood clots while taking birth control pills, independent studies have shown that Yaz and Yasmin, in particular, can increase the risk of blood clots two to three times higher risk of blood clots.

The FDA advisory panel met earlier this month. In a 21-5 vote, they determined that the current labeling for Yaz and Yasmin, which only notes that different studies have arrived at conflicting outcomes about whether the blood clot risk is higher, are inadequate. The panel wants more conclusive research conducted.

"A pharmaceutical company's failure to warn of possible health risks from taking any medication can be grounds for a California products liability lawsuit," said Howard Law, PC partner and Anaheim dangerous drug lawyer Vincent Howard. "Do not hesitate to contact our Orange County, California law firm to request your free case evaluation.

The advisory panel met seven months after the FDA announced it would begin looking into this matter. After commissioning a study that found that taking drospirenone-laden birth control pills, such as Yasmin or Yaz, can up the risk of blood clots, the federal agency put out a safety communication in September expressing its lingering concerns.
The panel is now calling for more conclusive research.

Initially marketed as a birth control pill that not just prevents pregnancy but also clears up skin problems and relieves premenstrual syndrome, in the last decade, tens of millions of women turned to Yaz. A few years back, however, Bayer was forced to pull ads claiming this pill treats PMS, which it doesn't.

According to ABCNews.com, one woman, who started taking Yaz in 2007 to help her acne and bloating, is now blind. 24-year-old Carissa Ubersox believes this is because she took this pill. Three months after she started taking Yaz, she developed blood clots in her legs that ended up in her lungs. She also suffered a massive double pulmonary embolism and ended up in a coma for nearly two weeks.

Ubersox is now suing Bayer for products liability. She is one of thousands that have filed dangerous drug complaints against Bayer, which makes the drug. Bayer, however continues to deny wrongdoing.

"Drug manufacturers must be held accountable for medications that are less safe than what they are touted as--especially if serious injuries result," says Orange County, California products liability attorney Vincent Howard.

Yasmin and Yasmin have also been linked to gallbladder and circulatory illnesses. They also may increase blood potassium levels to the point that heart attacks, strokes, liver tumors, and death can result.

FDA to Review Safety Issues Surrounding Leading Birth Control Pill Yaz, ABC News, December 6, 2011

FDA wants blood clot risks added to Yaz labels, CBS, December 9, 2011

More Blog Posts:
California Products Liability: Defective Hip Implant Devices Continue Causing Injuries, California Injury Lawyers Blog, December 30, 2011

California Products Liability?: FDA Warns that Lap-Band Ads are Misleading, California Injury Lawyers Blog, December 14, 2011

Transvaginal Mesh Lawsuits Raise Questions About FDA's Medical Device Review Process, California Injury Lawyers Blog, October 20, 2011

Continue reading "Yasmin/Yaz Birth Control Pills: FDA Advisory Panel Advises Including Blood Clot Warning on Their Labels" »

As our Orange County, California defective medical device law firm mentioned in a previous blog post, Howard Law, PC, represent clients in Southern California that were been injured or have had to undergo revision surgery because the hip implant device that they were given proved faulty. Already, over 5,000 products liability lawsuits have been submitted the US by patients seeking to recover compensation. Most of the cases involve DePuy hip implant devices from Johnson & Johnson that were recalled last year. DePuy is also being sued over its line of Pinnacle hip implants.

However, as evidenced by a recent US Food and Drug Administration-commissioned study, Johnson & Johnson is not the only manufacturer making faulty hip implants. The study examined the outcomes of 830,000 hip implant procedures. 18 other studies involving more than 3,000 patients were also evaluated.

Per the FDA commissioned-study, the newer ceramic-on-ceramic and metal-on-metal implants don't exhibit a lot more benefits than their older counterparts, which are made of metal-on-polyethylene and ceramic-on-polyethylene. Patients implanted with devices made of all-metal seem also seemed more like to undergo revision surgery to have an implant replaced.

"Getting a hip implant is a stressful surgical procedure to begin with," said Howard Law, PC partner and Anaheim defective medical device attorney Vincent Howard. "For a patient to have to undergo a second surgery because an implant failed or proved toxic is unacceptable."

In addition to earlier than acceptable failure rates, there are concerns that some of the defective devices are shedding metal debris inside their recipients. The debris is dangerous because after the combined with the scavenger cells released by the body to neutralize them, the human tissue and muscle can become damaged, potentially to crippling effect.

It wasn't too long ago that the FDA sent out notices to the makers of all-metal hip devices telling them to conduct studies to figure out whether their products were shedding toxic levels of metals. Stryker, Biomet, Zimmer, Wright Medical, and DePuy are among the companies that receive this notice.

Per medical and legal experts, hip failures could end up costing billions of dollars. Tens of thousands of people in this country alone may have to undergo revision surgery in the next decade.

"Considering that many of the patients who undergo hip implant procedures are elderly seniors, the trauma of not just one replacement surgery but two can take their physical and emotional toll," said Orange County, California defective hip implant device lawyer Vincent Howard.

Metal-on-Metal Hip Implants Offer No Advantages over Older Versions, FDA Study Finds, News Inferno, November 30, 2011

The High Cost of Failing Artificial Hips, New York Times, December 27, 2011

More Blog Posts:
California Products Liability?: FDA Warns that Lap-Band Ads are Misleading, California Injury Lawyers Blog, December 14, 2011

Transvaginal Mesh Lawsuits Raise Questions About FDA's Medical Device Review Process, California Injury Lawyers Blog, October 20, 2011

California Defective Medical Device Cases: Lawsuits Filed by Patients Injured by Recalled DePuy ASR Hip Replacement Systems, California Injury Lawyers Blog, August 22, 2011

Continue reading "California Products Liability: Defective Hip Implant Devices Continue Causing Injuries" »

Beginning 6am December 30 through 6am December 31, the CHP will be enforcing a "zero tolerance' policy on cell phone use while driving to help prevent California distracted driving accidents. Law enforcement officers will be cracking down on anyone talking on a cell phone illegally, which means the use of a handheld device, or text messaging while driving.

Per the state's vehicle code, a driver can receive a $145 to $1000 fine for the "wanton disregard" of a person's safety. Cell phone violations can result in a $20 fine for the first offense and $50 for the next one. Court expenses and other fees, however, usually result in a ticket totaling over $100.

It was in 2008 that the state of California made it illegal for drivers to use a handheld phone while driving. Since then, the CHP has issued 518,161 citations. They also have written at least 11,634 tickets for motorists that were caught texting while driving.

"Texting while driving or using a handheld cell phone to make/take a call places not just the distracted driver but also endangers the other people in the vehicle, the occupants of other autos, pedestrians, and bicyclists, said Howard Law, PC partner and Anaheim car accident lawyer Vincent Howard.

Cell phones are involved in about 1.3 million US traffic accidents a year, resulting in thousands of deaths and hundreds of thousands of injuries. Unfortunately, many motorists don't think using a handheld device or texting while driving is dangerous as long as they are the ones doing it. Yet the injury, death, and collision rates cannot be ignored.

According to the Los Angeles Times, text messaging and handheld cell phone use are not the only distracted driving behaviors that will be on law enforcement officers' radar this weekend.They will also be keeping an eye out for people who are eating, putting on makeup, or reading magazines while operating a motor vehicle.

"Multi-tasking may be a fine way to get things done when your not driving, but combine driving with another activity that requires your attention and the need for you to take one hand off the steering wheel, and you've created a deadly situation that can destroy lives," said Anaheim Personal Injury Attorney Howard.

Other activities that can prove distracting when driving:
• Watching a movie or downloaded television program on a portable electronic device
• Shaving
• Brushing your teeth
• Feeding a child
• Playing with a pet
• Reading a book
• Changing one's clothes
• Adjusting an MP3 player, CD player, or the radio
• Inputting information into a navigation system

CHP crackdown includes drivers who eat behind the wheel, Los Angeles Times, December 29, 2011

National Safety Council

California Highway Patrol

More Blog Posts:
NHTSA Reports 2,715 California Traffic Fatalities in 2010, California Injury Lawyers Blog, December 15, 2011

NTSB Wants All States to Ban Cell Phone Driving, California Injury Lawyers Blog, December 13, 2011

Huntington Beach Pedestrian Accident Lawsuit Accuses Police Officer of Talking on Cell Phone While Driving, California Injury Lawyers Blog, October 10, 2011

Continue reading "CHP Employs "Zero Tolerance" Policy with Distracted Driving Crackdown" »

Three years after a US Marine Corps jet crashed into a San Diego home and killed four people from the same family, their loved ones have been awarded a $17.8 million California airplane crash award for their wrongful death. The relatives had initially sought $56 million from the US government.

The tragic California aviation accident happened on December 8, 2008, when an F/A-18 Hornet crashed into a home on its way to the Marine Corps Air Station Miramar. That structure and the unoccupied home next to it were destroyed. Killed in the airplane collision were Don Yoon's 15-month-old daughter Grace, his nearly 2-month-old infant Rachel, his wife Young Mi Moon, and her mom Suk Im Kim.

The pilot had tried to guide the plane away from the family's home but to no avail. He was, however, able to safely eject himself from the jet.

Following the Southern California plane crash, the Marine Corps fired four officers and disciplined nine Marines after a probe finding that poor decisions by the pilot and ground controllers, as well as deferred maintenance, contributed to the accident.

The jet was flown 146 times even after mechanics noticed there were problems with the right engine that forced the plane to depend on the left engine during emergencies. Maintenance rules don't mandate that this issue has to be fixed right away, but eventually, the lack of repair played a role in causing the plane crash. Also, according to the investigation, squadron officers used "inaccurate" information and assumptions that were wrong when directing the plane to the Miramar base.

"Plane crashes often are detrimental to those in the aircraft and/or on the ground." Said Howard Law, PC Partner and Anaheim personal injury lawyer Vincent Howard. "There may be a way to obtain compensation from all liable parties but you won't know how to go about this unless you explore your legal options."

Common causes of aviation accidents:
• Poor weather
• Faulty maintenance
• Air controller mistakes
• Parts defects
• Pilot mistakes
• Mechanical failure
• Engine malfunction
• Electrical problems
• Gas leak
• Fuel starvation
• Mid-air crashes

"You want to work with an Orange County, California aviation accident law firm that understands the nature of plane crashes and knows how to prove that negligence caused your personal injury or a loved one's wrongful death," said Anaheim plane crash lawyer Vincent Howard.

Obtaining Orange County, California wrongful death recovery won't bring your loved one back but it can allow you to hold the other party accountable in civil court.

Judge awards $17.8 million to family of military jet crash victims, CNN, December 28, 2011

Gov't to pay $17.8m for military jet crash, ABC News/AP, December 28, 2011

More Blog Posts:
Recent Los Angeles County and San Bernardino County Plane Crashes Kill Eight, California Injury Lawyers Blog, March 20, 2011

Former Senator Ted Stevens Killed in Plane Accident, California Injury Lawyers Blog, August 10, 2011

Airplane Accident: IRS Employee's Widow Files Wrongful Death Lawsuit after Pilot Crashes Plane Into Office Building, California Injury Lawyers Blog, February 27, 2010

Continue reading "Federal Judge Awards $17.8M California Aviation Accident Award to Family by Military Jet " »