California Injury Lawyers Blog

The family of Gregory Gerbing, a tow-truck driver that died in a Southern California traffic accident on Interstate 215 last year is suing Caltrans and a construction company for his Riverside County wrongful death. Gerbing was kneeling on the side of the road next to his truck on the shoulder of the truck-only lanes when he was hit by a pickup truck that drove off the main lane.

Pickup truck driver Oswaldo Lopez reportedly thought he'd missed the exit to enter I-215 southbound. He was later charged with vehicular manslaughter and driving under the influence.

The Riverside County wrongful death complaint, filed for Gerbing's widow and teenage daughter, contends that barriers or medians could have prevented Lopez from entering the truck lane. The complaint states that Caltrans had already been warned that the placement of the lanes are confusing and could result in a tragic accident. The family's lawsuit is claiming that poor design of the truck lanes where Highway 60 and I-215 split close to Moreno Valley and the lack of barriers between the main I-215 route and Highway 60 split were contributing factors that caused Gerbing's death.

Members of the public had reportedly called for better signs and a median so that motorists could safely navigate the roads.

Although many people think that truck drivers are less likely than other motorists to get injured in a Riverside County motor vehicle crash, truckers do get hurt in California auto accidents. Depending on the circumstances surrounding the traffic accident, the negligent party could be another truck driver, a car driver, a motorcyclist, a pedestrian, a trucking company, the truck manufacturer, the manufacturer of a defective truck part, a government entity, or another entity. There may be even more than one party that can be held liable for personal injury or wrongful death.

The statute of limitations for filing a California wrongful death claim is two years from the date of death. Losing someone you love is one of the worst losses that you can experience. While nothing can bring your loved one back, there are ways to move forward and obtain compensation from all responsible parties. This can also provide you the funds that you need to pay for funeral and burial costs, your deceased loved ones medical expenses related to the death, as well as provide you with the financial support to take care of your family. Truck drivers cannot sue their employer for California personal injury, but they can sue third parties that were responsible for their injury accidents.

Suit filed in death on I-215, PE.com, June 26, 2009

Related Web Resources:
California Department of Transportation

Caltrans must pay $6.3 million for deadly crash, MercuryNews.com, June 24, 2009

The California Department of Public Health has fined a Southern California nursing home $100,000 because of a patient's death from a preventable fall. The resident, who was admitted to the Aviara Healthcare Center for physical therapy after undergoing hip surgery, was involved in two fall accidents over a 24-hour period in May.

The first time he fell, the patient did not get hurt. Nursing home workers placed an alarm on his gown. Yet no one responded when the resident climbed out of bed and entered the hallway. There was no handrail on the wall in that area. The resident stumbled, grabbing onto a mechanical lift. This is a large device used to lift patients out of their beds.

The California Department of Public Health says the resident fell to the ground, dragging the equipment with him and striking his head on the lift's metal frame. He was transported to a hospital where he died on May 13. Cause of death was blunt-force trauma.

According to several employees at the California nursing home, the lift should have been in a shower room and not in the hallway. Yet a state health investigator that went to the long-term facility after the man's fall-related death found the lift in the same place where it had been when the patient got hurt. Department of Public Health director Dr. Mark Horton said that a state investigation determined that the failure to properly store the mechanical lift contributed to the resident's death. Not only was the lift improperly stored, but the wheels were not locked.

In addition to the $100,000 fine--the maximum penalty that California law allows, Aviara Healthcare Center received an "AA" citation. The state also fined the Southern California nursing home $16,000 because it failed to properly monitor a patient that was able to wander away from the long-term care facility a number of times over a 9-hour period.

Fall Accidents and the Elderly
Fall accidents can be especially dangerous for sick or elderly people. According to the Centers for Disease Control and Prevention, one of the leading causes of death and nonfatal injuries requiring hospitalization among older adults is falls. In 2000, 46% of fatal falls involved older adults that sustained traumatic brain injuries.

California nursing home workers are supposed to make sure that patients don't get hurt in fall accidents. Prevention measures may include installing handrails in areas where elderly or physically weak patients may need to go unassisted, ensuring there are no wet substances or objects on the ground that a patient might slip on or trip over, carefully monitoring patients that have a tendency to wander off without supervision, and physically assisting patients that need help getting around.

Failure to implement the proper measures to prevent fall accidents can be grounds for a Orange County, California nursing home negligence lawsuit if a resident is injured or dies as a result.

Maximum Fine Issued in Rehab Center Patient's Death, Occupational Health & Safety, June 26, 2009

State fines nursing home $100,000 in patient's fall, SignonSanDiego.com, June 23, 2009

Falls Among Older Adults: An Overview, CDC

Related Web Resources:
Preventing slip and fall accidents in nursing homes and long-term care facilities, ZurichServices, March 2008

California Department of Public Health

Continue reading "Southern California Nursing Home Fined for Patient's Death from a Preventable Fall Accident" »

In Orange County, California, a mother and her 11-year-old daughter are to receive $55 million for injuries they sustained in a 2002 Costa Mesa car accident on Mother's Day. Leilaini Gutierrez is now paralyzed.

The judgment was originally awarded in 2007, but the federal government, the defendant in the car accident lawsuit, filed an appeal. Today, a judge awarded the 11-year-old girl about $54 million ($31 million in damages and $23 million for medical costs). Leilani's mother, June Gutierrez, is to receive $1 million for her physical and emotional injuries. The California civil award is being called the largest Orange County, California personal injury award to ever be issued. The Gutierrezes' civil complaint was filed against the US government because the driver of the car that caused the accident, Michael Leinert, worked for the US Department of Defense at the time of the motor vehicle collision.

The catastrophic car accident took place in the early evening as June was driving on Newport Boulevard. Leinert was in a rental car when he ran a red light on Wilson Street, striking the Chevrolet Suburban that June and Leilani were riding. The suburban struck a utility pole and flipped.

Leilani, then four, sustained a spinal cord injury that left her paralyzed. As a quadriplegic, she is dependent on 24-hour nursing care and a ventilator. She has undergone 24 surgeries and spent 275 days in the hospital since the tragic Orange County, California car accident. Procedures she has had to undergo have included a bone graft, a tracheotomy, and spinal cord stabilization. Her life expectancy has been shortened to 35 years.

Spinal Cord Injuries (SCIs)
• 250,000 people in the US suffer from spinal cord injuries.
• 11,000 new spinal cord injuries occur each year.
• Common causes of SCIs are motor vehicle crashes, acts of violence, fall accidents, sports-related injuries, and other injuries.

If someone you love sustained a catastrophic injury because a motorist or another party was negligent, your loved one may be entitled to California personal injury compensation.

A person that is suffering from quadriplegia is paralyzed from the shoulders down. This means that he or she will need help to do most tasks. A quadriplegic will also likely require specialized medical care, procedures, and devices in order to live as normal a life as possible. Obtaining financial recovery from all negligent parties can provide the necessary funds for all these special needs.

Mom, daughter get $55 million award in 2002 crash, OC Register, June 24, 2009

$55 million judgment for quadriplegic Costa Mesa girl, OC Register, September 13, 2007

Related Web Resources:
Quadriplegia, Spinal Injury Network

Spinal Cord Injuries, Medline Plus

Continue reading "$55 Million Costa Mesa Car Accident Award is the Largest Orange County, California Personal Injury Award Ever Issued" »

Movie star Dennis Quaid's twins will each get $250,000 as part of Cedars-Sinai Medical Center's California medical malpractice settlement for the drug overdose that almost killed them when they were newborns.

Zoe Grace and Thomas Boone were born premature in 2007. While at the Southern California hospital, they were accidentally given 10,000 units of Heparin--twice--when babies are usually supposed to get just 10 units. The medication overdose occurred after a pharmacy technician stored the blood thinner in the wrong area. A nurse then administered the drug to the infants without checking to make sure the dose was correct. Another baby that was at the hospital at the same time as the twins also received a Heparin overdose.

The babies began bleeding. In "critical condition," they were admitted to the neonatal intensive care unit until they recovered. Included in the terms of the California medical malpractice settlement, Cedars has consented to provide future medical care if the twins experience health issues because of the medication overdose. Court documents contend that the twins could also be subject to emotional injuries.

Although Cedars and the Quaids originally settled the civil dispute last year for $750,000, the movie star's legal team contended that the amount was not enough for the injuries to minors claim.

The Quaids are also suing drug maker Baxter Healthcare Corp. for their children's injuries. The couple, in their products liability lawsuit, have called the Heparin vials "unreasonably dangerous" and noted that the vials containing 10,000 units and 10 ml units have background colors on their medication labels that are in shades of blue. The drug manufacturer has recently revised its packaging of the Heparin vials.

Heparin Overdose
The Quaid twins are not the first babies to suffer injuries because of a Heparin overdose. In 2008, 17 babies born premature at a Texas hotel reportedly received Heparin overdoses. In 2007, three babies died in Indiana after they accidentally received adult doses of Heparin.

The Institute for Safe Medication Practices reports that Heparin is one of eight medications that are involved in over 30% of all medication mistakes. US Pharmecopia says that over an 18-month period ending in July 2008, over 250 incidents occurred in the US involving Heparin and young children age 1 and under.

Quaid Babies Settle Drug Lawsuit, TMZ, June 19, 2009

Heparin Overdoses at Texas Hospital Under Investigation, NewsInferno.com, July 9, 2008

Dennis Quaid settles with Cedars-Sinai hospital over babies' overdose, NY Daily News, December 16, 2008

Related Web Resources:
Baxter Healthcare

Cedars-Sinai Medical Center

In Orange County, California, state officials have fined a Los Alamitos nursing home and a Huntington Beach nursing long-term care facility for patient deaths. Alamitos West Health Care Center was fined $100,000 and Huntington Valley Healthcare Center was told to pay $80,000.

According to the California Department of Public Health, the Los Alamitos nursing home neglected to provide an 82-year-old female resident with sufficient fluids. This led to her suffering from acute kidney failure, dehydration, a urinary tract infection, an "altered mental" state, and eventually death. She stayed at the Orange County, California nursing home for less than two months.

A doctor reportedly told the home to monitor the elderly resident's fluid consumption and urine on a regular basis, but there is no evidence to indicate that workers followed these directions. The Los Alamitos nursing home plans to appeal the fine.

The state imposed a fine against the Huntington Beach nursing home after the nursing home's administrator reported that a registered nurse supervisor chose not to call 911 while a patient was dying. The nurse supervisor believed that the resident had a "do not resuscitate" orders. However, the patient's records contained an advance directive form requesting CPR in the event of an emergency.

A licensed vocational nurse reportedly contacted a family member to report the resident's death. The relative was also notified that paramedics were never contacted. The family member told the nurse to contact 911 immediately. The patient no longer had a heartbeat by the time the paramedics arrived at the Huntington Beach nursing home.

Negligent Nursing Care
It is critical that nursing home workers follow the care directives provided for each nursing home resident. When negligent nursing care leads to injuries or deaths, the nursing home can be held liable for Orange County, California nursing home neglect.

Examples of negligent nursing care include:

• Failure to clean bedsores
• Failure to properly administer medications
• Failure to follow a patient's care plan
• Failure to properly supervise a resident
• Failure to give a patient enough fluids
• Failure to follow medical instructions
• Failure to follow the patient's dietary plan or feeding directions
• Failure to prevent fall accidents from happening
• Failure to prevent patient from wandering

2 Orange County nursing homes fined for patient deaths, Los Angeles Times, June 11, 2009

State fines O.C. nursing homes more than $200,000 in deaths, OC Register, June 10, 2009

Related Web Resources:
California Department of Health

Nursing Home Compare

Continue reading "State Fines Two Orange County, California Nursing Homes for Resident Deaths" »

In Orange County, California, a jury awarded Erica Rockabrand a $2.9 million medical malpractice verdict for a botched hip surgery that left her experiencing severe pain. Rockabrand underwent hip surgery at UCI Medical Center on April 14, 2005.

During the procedure to have a joint fixated, Dr. Guy Paiement inserted two screws into Rockaband's hip. One of the screws damaged her sciatic nerve.

While Rockabrand was told beforehand that the surgery could result in nerve damage, her California medical malpractice lawyer says the plaintiff was told that the most she would feel would be numbness in her foot and that this could be relieved. Rockaband experienced pain right after the surgery.

She contends that she tried to contact her doctor and the medical center but they did not return her calls. Paiment's attorney disputes this account. The lawyer also says that while the procedure performed on Rockaband is not done by a lot of orthopedic surgeon, Paiement was qualified to do the surgery.

Rockabrand got a CAT scan the day after the procedure and scheduled a follow-up surgery for the next day so that the screw that had caused the damage could be replaced. Less than a month later, she had another doctor replace both screws.

Because of the surgical malpractice incident, Rockabrand's schooling was delayed for a year. She was studying biochemistry as a PHD student at UC Irvine.

The California jury awarded Rockabrand $2.8 million for non-economic damages and $89,000 for economic damages. Because of a California law that places a $250,000 cap on pain and suffering involving medical malpractice lawsuits, Rockabrand won't get most of the award.

Surgical Malpractice
For a plaintiff to prove medical malpractice, he or she must demonstrate by a preponderance of evidence that the medical provider breached a duty of care that was owed by failing to provide a service at the standard of care performed by other medical providers in the area. This breach of care then resulted in personal injury.

Doctors, nurses, surgeons, and other medical providers cannot afford to make mistakes--especially ones where the outcome could cause serious personal injury, great pain, or death to the plaintiff.

Woman awarded $2.9 million for hip surgery that caused pain, OC Register, June 11, 2009

Medical Malpractice, Justia

Related Web Resources:
University of California, Irvine Healthcare

Medical Malpractice and Surgical errors/Complications, Wrong Diagnosis

According to the Orange County Register, a 3.5-mile section of Live Canyon Road is causing safety officials, police, and residents concern. The California Highway Patrol reports that12 people have died along the short picturesque road in the last 10 years. 2/3rds of serious accidents have involved drivers younger than 25.

Over half of the fatality victims were younger than 19. Only two of the people that died were older than 25. While young drivers usually are involved in a number of US traffic accidents that occur each year--with California drivers under age 25 comprising 24% of all auto crashes in the state resulting in injuries and deaths--that age demography is involved in 66% of the catastrophic crashes that occur on Live Oak Canyon Road. In total, there have been 189 Southern California motor vehicle accidents involving injuries or deaths on this road since 1989.

Common causes of catastrophic accidents on the winding road have included speeding (in 32% of the crashes), driver inexperience, loss of control, unsafe movement (in 39% of the crashes), and drunk driving.

Canyon residents want Orange County's public works department to figure out what they can do to discourage speeding and decrease the number of collisions that happen on the road. The county is examining the road.

Based on a recent article published by the Seattle Times, speeding (responsible for 149,258 California auto crashes in 2007), Improper turns (85,967 California car accidents), improper merging (60,707 California traffic crashes), impaired driving, driving outside a lane, and distracted driving are among the worst driving habits that a motorist can engage in. Couple these factors with inadequate traffic protections on a road that has a history of frequent Orange County, California car crashes and you have a scenario ripe for potential motor vehicle accidents.

Half who died driving canyon road were 18 or younger, OC Register, June 12, 2009

The worst driving mistakes, The Seattle Times, June 12, 2009

Related Web Resources:
California Highway Patrol

Orange County, California

Continue reading "Orange County, California Studying Live Oak Canyon Road Following Series of Serious Car Accidents" »

In Orange County Superior Court, a 25-year-old man identifying himself as "John Doe" has filed a California child sex abuse lawsuit against the Roman Catholic Diocese of Orange, the Franciscan Friars of California, and two priests. The plaintiff used to be a Catholic school student at a Huntington Beach parish. He claims that Reverend Gus Krumm and Reverend Alexander Manville, who is now retired, molested him during the 90's. He is accusing the diocese of failing to prevent the abuse from happening.

The plaintiff says he was 8 when both priests began molesting him. He claims that during one incident, both men abused him at the same time. He didn't tell his parents or the school about the incidents. His Orange County, California sex abuse lawsuit, however, contends that the diocese could have removed one of the priests from the school--after a sex abuse settlement was paid to another accuser--but failed to do so. Krumm, who later would admit to sexual misconduct with children, now has been removed from the ministry.

This is not the first sex abuse lawsuit that has been brought against the diocese. In 2005, the diocese paid $100 million in settlements to 90 people complaining that they had been sexually abused. Other lawsuits have been filed since then.

In February, the Roman Catholic Diocese of Orange settled the sex abuse lawsuit filed by a plaintiff claiming that a priest molested him during the 1990's. Fountain Valley resident Jonathan Kirrer, now 24, says that Reverend Denis Lyons abused him when he was studying at a Costa Mesa catholic school. The diocese has paid over $4 million to settle sex abuse claims against Lyons. He has finally been removed from the ministry.

Child Sex Abuse
The effects of sex abuse on a child can last into adulthood. Molestation can lead to depression, sleep disorders, behavioral problems, sexual issues, eating disorders, alcoholism, drug addiction, relationship problems, or suicidal tendencies. Molesting or abusing a child or an adult leads to serious emotional injuries and psychological damage for the victim. There may be a way to hold the abuser liable for California personal injury in civil court, even if the abuse happened a long time ago.

Ex-student sues, says he was molested by 2 priests at same time, OC Register, June 11, 2009

Diocese settles with man who claimed sexual abuse, OC Register, February 27, 2009

Related Web Resources:
Child Sexual Abuse, American Academy of Child & Adolescent Psychiatry

Abuse in the Catholic Church, The Boston Globe

Roman Catholic Diocese of Orange

The summer swimming season hasn't even begun, and already this year the Orange County Fire Authority has responded to at least 14 California drowning accidents in South County. 4 of the incidents have resulted in fatalities.

Recent incidents include two child drowning accidents over the Memorial Day weekend. One of the children, Conner Hanson, 1, was found in an Aliso Viejo residential pool. He later died from his drowning injuries. In another tragic South County drowning accident, San Juan Capistrano resident Drew Dismang died last month after a fell into a pool.

The OFCA reports that a common factor in all of these drowning accidents was inadequate supervision of the pool. The OFCA plans to launch its water safety campaign in June, which will include safety tips for parents.

Last month, the Consumer Product Safety Commission issued its latest report on child drowning injuries and deaths in pools and spas:

• In the under 5 age group, 300 children drown in pools and spas each year.
• 2/3rds of these fatalities involve kids ages 1-2.
• 80% of these deaths usually happen in residential pools.
• 3,000 kids are injured badly enough that they require medical attention.
• Often, non-fatal injuries that occur in pools and spas can still result in catastrophic, permanent injuries, including traumatic brain injuries.
• Inadequate supervision is a leading cause of child drowning accidents.
• Between 1999 and 2008, there were 83 reports of spa and pool entrapment accidents resulting in 69 injuries and 11 fatalities.

It is the responsibility of the pool owner and/or supervisor to make sure that a pool is safe for users. This can include making sure there is a lifeguard or another experienced adult in the area, there are gates around the pool to prevent kids from entering the water when there is no one around, or that rescue equipment is nearby in the event that someone drowns or gets hurt in the water.

For kids in California ages 1 - 4, drowning is a leading cause of accidental deaths. There are thousands of pools in residences and public premises throughout this sunny state.

Child and adult have drowned in South County pools this week, OC Register, May 29, 2009

Facts About Drowning, WestCov.org

Related Web Resources:
Pool Safety

New report on Child Drownings and Near-Drownings in Pools and Spas, (PDF)

Continue reading "Recent Orange County, California Pool Drowning Accidents Give Officials Even More Reasons to Ramp Up Water Safety Campaign" »

In Orange County, California, a woman whose husband died of a heart attack says that paramedic negligence contributed to her husband's death. Christine Palmer filed her California wrongful death claim against the city of Huntington Beach. The 58-year-old widow contends that emergency workers failed to provide her husband Robert with the medical care that his condition required. Her claim is the next step toward filing a civil lawsuit.

On October 13, 2008, Christine contacted 911 because Robert, 51, was having trouble breathing. He was also experiencing numbness in his arm and severe pain in his chest. Emergency workers that arrived at the scene said that Robert was not having a heart attack. An ambulance took him to Huntington Beach Hospital but a paramedic did not go with him. Christine says that she knew something wasn't right when Robert drove off in the ambulance without paramedic.

While in the ambulance, Robert suffered a grand mal seizure and when he got to the hospital he had no pulse. Medical workers were unable to revive him and he died.

Paramedic Negligence
Like most medical professionals, paramedics, also known as emergency medical technicians (EMT's), owe their patients a standard of care. Failure to provide this level of care or any act of negligence or carelessness can be grounds for an Orange County, California medical malpractice claim or wrongful death lawsuit.

Examples of Paramedic Negligence:

• Administering the wrong medication
• Delayed arrival
• Providing the wrong medical care
• Failure to follow standard procedures for evaluating or treating a patient
• Failure to arrive at the hospital in a timely manner
• Inadequate EMT training
• Failure to bring the proper medical equipment to the scene
• Ambulance driver error

In many instances, paramedics are called to a scene because the situation is an emergency. This means that providing a patient with the wrong medical care, delayed care, or even the wrong diagnosis could prove catastrophic if not fatal.

Woman claims husband died from paramedic's negligence, OC Register,

Relate Web Resources:
Huntington Beach Official City Website

Grand Mal Seizure, MayoClinic.com

Continue reading "Widow's Huntington Beach Medical Malpractice Claim Contends that Husband Died Because of Paramedic Negligence" »

Singer Brandy and the children of a woman that died in a 2006 Los Angeles multi-car crash that the actress was involved in have agreed upon the terms of a California wrongful death settlement. Per their agreement, the performer will pay Kareem and Mrwan Mohamed $600,000. The two boys were just 15 and 11 when the deadly Southern California auto collision happened.

According to the California Highway Patrol, Brandy was driving in the slow lane of the 405 Freeway at 65 mph on the morning of December 30, 2006 when the vehicles in front of her slowed down. Because the singer didn't slow her vehicle accordingly, she crashed into the 2005 Toyota Corolla that Awatif Aboudihaj, 38, was driving. Aboudihaj's vehicle was then hit by a 1989 Toyota Tercel driven by Donald Lite, 82. The collision caused Aboudihaj's car to move into the freeway's center divider before stopping in another lane. Her car was then hit by another vehicle.

Aboudihaj's two boys were in the car with her when the deadly California motor vehicle crash happened. She was taken to the hospital where she received medical care for multiple pelvic fractures and major blunt force trauma. Aboudihaj died the next night.

Following an investigation into the deadly car crash, the California Highway Patrol recommended that prosecutors charge Brandy with misdemeanor manslaughter. Due to insufficient evidence, no charges were filed against the performer.

The boys' wrongful death lawsuit is one of three complaints filed by their family against Brandy for this catastrophic car crash. Aboudihaj's parents, Zohra Labridi and Ahmed Aboudihaj, filed their wrongful death lawsuit against Brandy in January 2007. Their California complaint sought $50 million for their daughter's death. Aboudihaj's widower, Marouane Hdidiou, also filed a California wrongful death lawsuit seeking unspecified damages.

California Wrongful Death Claim
Every wrongful death case is different and proving liability can be complicated without the help of an experienced California personal injury law firm helping you with your claim. While filing a wrongful death lawsuit won't get rid of the pain you are feeling or make up for the loss of your loved one, it can help to know that the negligent party or parties is being held accountable in some way. It can also help relieve some of the financial burden that losing your loved one may have created in your life and in your children's lives.

Brandy Pays For Wrongful Death Suit, Pollstar.com, June 3, 2009

Brandy Faces a Third Wrongful Death Lawsuit, People, May 3, 2007

Second Wrongful Death Suit Filed Against Brandy After Fatal Car Crash, FoxNews, February 22, 2007

Brandy Accused In Wrongful Death Lawsuit, The Smoking Gun, January 30, 2007

Related Web Resources:

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Continue reading "$ 3 million Orange County, California wrongful death lawsuit filed over suicide death of teen that was bullied" »

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Continue reading "Effect of Serious Child Traumatic Brain Injuries Can Last for Years" »