California Injury Lawyers Blog

A jury has ordered Allergan to pay Douglas M. Ray $200 million in punitive damages and $200 million in compensatory damages for permanent injuries he sustained after receiving a Botox injection. The 67-year-old took the drug in 2007 to treat tremors and cramps. Unfortunately, Ray suffered permanent injuries, including brain damage.

In his dangerous drug lawsuit, Ray accused the Irvine-based company of failing to warn him that taking the Botox injections could cause him to suffer an autoimmune reaction. Ray, who took Botox to treat his writer's cramp and hand tremors, says he is now disabled because he took the drug.

This verdict is the largest one issued to date against the maker of Botox. Administered for medical reasons and for cosmetic purposes--Botox is used to paralyze facial muscles to reduce the appearance of wrinkles--a number of people have come forward claiming personal injury. Last year, a jury awarded Sharla Helton $15 million for her Botox-related injuries. Helton, a 47-year-old doctor, says that the drug caused her to experience breathing problems, double vision, and pain in her feet, hands, and arms. Several months ago, Allergan settled the Santa Ana wrongful death case of Sondra Bryant, a 70-year-old woman who took Botox to relieve her neck pain. Her children claim that within days of taking the drug, she couldn't hold her head up. The lawsuit blames Allergan for marketing Botox for uses that the Food and Drug Administration had not approved.

Now, a new study says that Botox may also deaden a user's ability to understand other people's feelings. You can check Social Psychology and Personality Science for more information. In another study found in the journal Emotion, researches said that the drug might also impair a person's ability to feel.

Dangerous Drug Lawsuit
Drug manufacturers can be held liable if a product that they manufacture proves to be dangerous or it doesn't provide warnings about certain serious side effects. Medications are supposed to help not hurt. You may be able file a California products liability lawsuit against a negligent pharmaceutical company.

Jury orders Allergan to pay $212 million in Botox case, Reuters, April 29, 2011

$212 million verdict in Botox lawsuit, OC Register, April 29, 2011

Jury orders Allergan to pay $212 million in Botox case, Bloomberg, April 28, 2011

Related Web Resources:
Allergan

Botox

Social Psychology and Personality Science

Emotion

More Blog Posts:
Jury Selection Begins in Santa Ana, California Wrongful Death Trial Involving 7-Year-Old Who Was Given Botox Injections, California Injury Lawyers Blog, January 25, 2010

US Supreme Court Takes on Dangerous Drug Lawsuits Over Warnings on Generic Labels, California Injury Lawyers Blog, December 14, 2010

Movie Star Dennis Quaid Files Los Angeles Dangerous Drug Lawsuit Against Baxter Healthcare Corp. For Twins Near-Fatal Heparin Overdose, California Injury Lawyers Blog, May 29, 2010

Lee and Michelle Hurlbutt are suing the city of San Luis Obispo, the county of San Luis Obispo, Caltrans, and Dr. Atsuko Rees for their son's California wrongful death. Matthew Hurlbutt, a 21-year-old Cal Poly student, died in a pedestrian accident after he was struck by a truck on Highway 101 on April 4, 2010. Ronald Reinhardt, who was driving the truck that hit the college student, says he never saw Hurlbutt until the accident.

The Hurlbutts are suing the three government entities because they contend that the area where the California pedestrian accident happened was poorly lit and did not have adequate warnings or a proper barrier to keep pedestrians from going onto the freeway. They are seeking damages from the doctor because they say that she improperly prescribed medical marijuana to their son. Hurlbutt's parents say that the drug altered his judgment and senses and that he didn't need the prescription.

California Car Crashes
Determining liability in an Anaheim car crash can be difficult unless you've got experienced legal representation. As you can see, sometimes there are parties other than those directly involved in the collision who can be sued. For example, certain prescription drugs can impair a person's senses enough that he/she shouldn't be out on the road. If the doctor was negligent in prescribing the medical marijuana, or failed to warn about certain side effects, she could be ordered to pay California medical malpractice damages to Hurlbutt's family.

Because California is a pure comparative fault state, even if a jury finds that Hurlbutt, who police say was intoxicated, was partially responsible for the accident, the family could still recover some damages if any of the defendants are also found liable.

Parents file wrongful death suit, San Luis Obispo, April 27, 2011

Marijuana doctor named in wrongful death lawsuit, CalCoast News, April 27, 2011

Related Web Resources:
CalTrans

County of San Luis Obispo

Prescription Drugs May Impact Driving Performance, eMaxHealth

More Blog Posts:
18-year-Old Struck in Orange, California Pedestrian Accident Falls to His Death on the 57 Freeway, California Injury Lawyers, April 6, 2011

Latest Orange County, California Claims Filed in Baby Pedestrian Death Blame Huntington Beach for Crosswalk Deficiencies, California Injury Lawyers, March 30, 2011

The family of Tamara Walter has filed an initial letter of intent in its plans to sue the New Life Surgery Center (previously called Beverly Hills Surgery Center) and a number of physicians for her Los Angeles wrongful death. The 52-year-old Lawndale woman died three days after undergoing Lap-Band surgery last December. Her loved ones believe she was the victim of medical malpractice.

According to the Los Angeles County coroner's report, Walter's anesthesiologist rendered "suboptimal management" of pressure from her swollen lungs and sleep apnea. Possible inadequate reversal of muscle relaxants may also have been a factor. Included in the report was a report by Dr. Selma Calmes, who is vice chair of the UCLA School of Medicine's anesthesiology department. Calmes says that the surgery center should have taken Walter to a hospital sooner. Instead, she says that the anesthesiologist left the patient for 80 minutes.

Walter's family says that Dr. Daniel Shin, who is from Marina del Ray, was her anesthesiologist. If Shin was negligent and caused her wrongful death, they could him sued for Los Angeles anesthesiology malpractice .

As our Anaheim personal injury law firm reported in an earlier California Injury Lawyers blog post in February, Walter is the second Lap-Band patient to die while under the care of Dr. Atul Madan. The first patient, Ana Renteria, died in February 2010. Walter's death is the third Lap-Band-related death linked to the Los Angeles surgical center.

Lap-Band Surgery
Like all surgeries, Lap-Band surgeries come with risks. Possible complications that can occur:

• Band leakage, erosion, or slippage
• Swallowing problems
• Dehydration
• Stomach pouch enlargement
• Ulceration
• Gastritis
• Nausea
• Vomitting
• Reflux
• Bloating
• Constipation
• Death

If California medical negligence caused the Lap-Band surgery complications or injuries, the victim or his/her family may be able to obtain Los Angeles personal injury recovery.

Lap-Band death blamed on anesthesiologist, Los Angeles Times, April 15, 2011

Family of Lawndale woman who died after Lap-Band surgery to pursue legal action, Daily Breeze, April 15, 2011

Related Web Resources:
New Life Surgery Center

1-800-GET-THIN

More Blog Posts:
Los Angeles Medical Malpractice?: California Medical Board Investigates Surgeon Following Lawndale Woman's Death After Lap-Band Procedure, California Injury Lawyers Blog, February 4, 2011

Los Angeles County Medical Malpractice Lawsuit Claims Lap-Band Surgery Caused Wife's Wrongful Death, California Injury Lawyers Blog, March 9, 2011

Family is Suing Encino Cosmetic Surgeon for Los Angeles Wrongful Death, California Injury Lawyers Blog, December 29, 2010

Kevin Anastasi is seeking Huntington Beach personal injury damages from the city. He claims that he was the victim of Orange County, California police brutality and false arrest in April 2009.

Anastasi had called police to report that there were two dogs loose in area. He then held a metal pole to protect himself from the animals. When they arrived, he says they drew their weapons, demanded that he "drop the weapon, (expletive)," made him get on the ground, and choked him until he became unconscious. Anastasi contends that he let go of the pole as soon as the police issued their order.

He was arrested and charged him with resisting arrest. Anastassi pleaded not guilty to the charges in May 2009, but the criminal case against him was dismissed last August.

He is seeking at least $25,000 in Huntington Beach injury damages. Anastassi claims that not only was he hurt during his arrest but he also incurred medical bills.

Police Brutality
Excessive use of force or violence of any kind by a police officer is against the law and a violation of the victim's constitutional rights. Many people don't realize that a wrong has been done to them or they may be too scared to tell anyone what happened. You could be entitled to Huntington Beach police brutality compensation for the harm that you suffered.

Other examples of police violence:
• Sexual assault
• Verbal abuse
• Emotional abuse
• Threats
• Physical assault
• Molestation
• False arrest

Lawsuit: Police choked H.B. man to unconsciousness, OC Register, April 21, 2011

Related Web Resource:
City of Huntington Beach, California

More Blog Posts:
San Bernardino Police Brutality Alleged by Man Who Claims He Has Video Evidence, California Injury Lawyers Blog, March 17, 2011

Buena Park Police Brutality Alleged in 2009 Incident Involving Man Arrested at Knott's Berry Farm Amusement Park, California Injury Lawyers Blog, February 17, 2011

$3.5 Million Riverside County Wrongful Death Lawsuit Reached in Excessive Use of Police Force Fatality, California Injury Lawyers Blog, July 31, 2010

Earlier this week, our Anaheim personal injury lawyers wrote about a Los Angeles personal injury settlement reached between the LA Dodgers and a spectator who broke his neck when a drunken man fell on him during a game at Dodger Stadium. Now, here is the latest on another injury incident that occurred last month on stadium grounds that has left someone else with injuries so serious that doctors at County-USC Medical Center had to return him to a medically induced comma.

San Francisco Giants fan Bryan Stow sustained brain damage and a fractured skull after he was beaten and kicked by two attackers on March 31. He was at the stadium parking after watching the Dodgers home opener when the incident happened.

Relatives of the 42-year-old father of two say that during the baseball game he texted his wife while he was still in the stadium saying that he felt "scared." Cory Maciel, one of Stow's friends who was at the game, said that just walking up to the stadium was "pretty hostile.. intimidating" and that Dodger fans threw "peanuts, hot dogs, and wrappers" the whole time they were there.

Since the attack, the Dodgers and the LAPD have heightened security in the parking lot and stadium. They've added more police on foot guard, horseback, and bicycles. Also, another 43 light stands have been added to the parking lot.

Meantime, police are still looking for the two men who attacked Stow.

Our Anaheim premises liability lawyers do not know at this time whether/not Stow's family intends to file a Los Angeles personal injury lawsuit against the Dodgers or other parties. However, if the Dodgers could/should have beefed up security and was/should have been aware that the fans could get a bit rowdy on the day of the game, the family may have grounds for a case. Stow's injuries are pretty severe and it is not known at this time how well he will recover. Costs for recovering from and living with a traumatic brain injury can be astronomical.

Beaten Giants fan is returned to medically induced coma, Los Angeles Times, April 19, 2011

Bryan Stow: Giants fan's friend describes attack, Reuters/Metro, April 12, 2011

Related Web Resource:
The Official Site of the Los Angeles Dodgers

Inadequate Security

More Blog Posts:
Dodgers Settle Los Angeles Personal Injury Lawsuit with Fan Who Broke His Neck During Baseball Game, California Injury Lawyers Blog, April 20, 2011

Man Stabbed to Death at Hilton Orange County/Costa Mesa Hotel on New Year's Day, California Injury Lawyers Blog, January 7, 2011

UCLA Student Files Los Angeles County Personal Injury Lawsuit Against the University of California Regents and the Student Who Stabbed Her, California Injury Lawyers Blog, December 11, 2010

Continue reading "Giants Fan Beaten At Dodger Stadium Placed in Medically Induced Coma" »

Donna Flynn and her husband have filed a claim against city of Huntington Beach for Orange County, California personal injury. According to the Flynns, the city failed to finish the road in front of their home, causing there to be a "disparity" of over an inch high between the curb and gutter and the roadway asphalt that was over an inch high and hard to see. They are seeking $500,000 for injuries she sustained during a Huntington Beach trip and fall accident on the unfinished street outside her home last October.

Donna, who fractured her foot, had to have a screw inserted in it during surgery. The 54-year-old woman contends that her injury is making her walk in a way that is aggravating her right foot's plantar fasciitis. This injury has been particularly challenging for Donna, who is a nurse practitioner and is always on her feet. She and her husband contend that she has accrued medical expenses because of the Orange County, California trip and fall accident. She also wants compensation for lost income. Meantime, David Flynn is seeking damages for "loss of consortium," which he says happened because his wife got hurt.

Trip and Fall
Trip and fall injuries can be very painful and debilitating. Premises owners, including the government, are responsible to make sure that sidewalks, floors, roadways, driveways, yards and other areas where people walk are free of any hazards or defects that could cause someone to trip over an object or on an uneven surface.

Common cause of Orange County, California trip and fall accidents that could lead to a Huntington Beach premises liability case:
• Uneven sidewalks
• Potholes
• Uneven pavements cobblestones
• Debris or objects left on the ground or road
• Uneven stairs
• Electrical cords on the ground
• Poor lighting
• Tree roots

Uneven pavements cause over 50% of trip and fall accidents.

Huntington Beach couple want $500,000 after fall, OC Register, April 21, 2011

Related Web Resources:
Proving Fault in Accidents on Dangerous or Defective Property, Nolo

Slip and Fall, Justia

Plantar fasciitis, Mayo Clinic

More Blog Posts:
Los Angeles Elder Abuse and Neglect Alleged in 89-Year-Old's Alzheimer Patient's Fatal Fall At Woodland Hills Retirement Community, California Injury Lawyers Blog, March 16, 2011

Huntington Beach Trip and Fall Among the $17,600 in Claims Recently Filed Against the City, California Injury Lawyers Blog, March 16, 2010

Westminster Woman Files Huntington Beach Trip and Fall Claim Against City Over Broken Hip and Fractured Knee, California Injury Lawyers Blog, August 18, 2010

The LA Dodgers has settled the Los Angeles injury settlement filed by Stephen Suarez. The baseball fan broke his neck on October 12, 2008 when a drunken man fell on him from an upper deck at Dodger Stadium. At the time, Suarez and his brother, Alex Suarez, were watching the League Championship Series game between the Philadelphia Phillies and the Dodgers. The terms of the settlement are confidential.

The Los Angeles personal injury lawsuit, filed by Suarez and Alex, accused the Dodgers of premises liability, negligence, and the infliction of emotional stress. The brothers says there was inadequate security at the stadium and that the Dodgers should have "secured" the premise by making Pete La Rosa, the fan who was drunk, leave. They contend that La Rosa drank 10 beers, six tequila shots, and smoked a marijuana cigarette before and during the game. La Rosa fell on Suaraz after stepping over the loge level's short railing, waving his baseball cap in the air, and losing his balance.

Suarez broke his sixth and fourth vertebrae. His brother Alex says he suffered emotional trauma from seeing his brother get hurt.

Lawyers for the Dodgers say the accident was "unforseeable." However, the Los Angeles premises liability settlement was reached just as arguments were about to be heard in court over whether the lawsuit should be dismissed.

California Premises Liability
The owners, managers, and those responsible for large venues and events must make sure there aren't any hazards or dangerous conditions on a premise that could cause serious injuries or death to spectators and others on the premises. Examples of California personal injury accidents that can occur at sport venues, musical halls, and other public arenas:

• Getting trampled by the crowd
• Sexual or physical assault
• Murder
• Injuries from '"crowd surfing"
• Slip and fall
• Falls from elevated heights
• Parking lot injuries

Dodgers Settle Suit with Man Who Suffered Broken Neck During Game, NBC LA, April 19, 2011

Dodgers Ask Lawsuit Of Drunken Patron Breaking Neck Be Dismissed, Beverly Hills Courier, April 4, 2011

Related Web Resources:
Los Angeles Dodgers

Premises Liability, Nolo

More Blog Posts:
Bret Michaels Files Los Angeles Personal Injury Lawsuit Against CBS and Tony Award Productions, California Injury Lawyers Blog, March 27, 2011

Man Stabbed to Death at Hilton Orange County/Costa Mesa Hotel on New Year's Day, California Injury Lawyers Blog, January 7, 2011

$5M Los Angeles Wrongful Death Claim Filed in Teen's Ecstasy Overdose at Electric Daisy Carnival, California Injury Lawyers Blog, January 3, 2011

A single-vehicle collision in La Habra has claimed the lives of four people, while injuring two. The Orange County, California pickup truck accident happened after 1am on Sunday. All of the victims were riding in the truck's cab.

According to the authorities, the driver, who was speeding, lost control of the truck on Walnut Avenue, causing the vehicle to ski diagonally across the street before going over the opposing curb, crashing into a tall tree, and wrapping around it. La Habra Fire Station 193's Capt. Paul Schifando says the truck's roof was smashed all the way down to the vehicle doors and there were beer cans at the scene. Two Jaws of Life had to be used to remove the roof.

Killed at the La Habra motor vehicle crash site were 22-year-old David Huizar Jr. of La Habra, who was driving the car, 22-year-old Jimmy Gonzales, 22-year-old Delora Bravo, and 25-year-old Paul Romero. 21-year-old Rochelle Romero and 25-year-old Destiney Mendoza were rushed to the ICU. Yesterday, their conditions were upgraded.

Single-car crashes can cause serious injuries for those involved. Common causes of La Habra auto collisions include:

• Distracted driving
• Drowsy or tired driving
• Driving while under the influence of medication
• Drunk driving
• Drugged driving
• Mechanical failure
• Tire blowouts
• Poor weather conditions
• Poor road conditions
• Overcorrection
• Road defects
• Speeding
• Auto defects
• Poorly designed roads
• Faulty traffic signs

There is so much involved when proving liability in an Orange County, California car accident. Physical evidence, medical records, police reports, witness testimony, driving records, and auto maintenance records are just some of what needs to be gathered and examined to determine what happened, who was responsible, and how much you are owed. Our La Habra personal injury law firm has found that chance of obtaining the maximum recovery goes up when a victim works with experienced legal representation.

Victims ID'd in crash that killed 4 in La Habra, MSNBC, April 18, 2011

Victims ID'd in crash that killed 4 in La Habra, OC Register, April 17, 2011

Related Web Resources:
CalTrans

Car accidents, Nolo

More Blog Posts:
Woman Charged in Fatal Newport Beach Bicycle Accident Was Drunk and Texting, Say Authorities, California Injury Lawyers Blog, April 16, 2011

18-year-Old Struck in Orange, California Pedestrian Accident Falls to His Death on the 57 Freeway, California Injury Lawyers Blog, April 6, 2011

$18.3M California Traumatic Brain Injury Verdict Awarded to UC Davis Doctor Injured in Pedestrian Accident, California Injury Lawyers Blog, April 4, 2011

Continue reading "Four Dead, Two Hurt in La Habra Pickup Truck Crash " »

Authorities say that Danae Marie Miller, the 22-year-old Newport Coast woman charged with vehicular manslaughter with gross negligence while intoxicated in the Newport Beach car crash that claimed the life of 44-year-old bicyclist Amine Britel last February, was text messaging when the collision happened. Miller, who has pleaded not guilty to the criminal charge, has an extensive record of traffic citations going back to 2005, including one for using a cell phone. Her pretrial hearing is scheduled for next month.

The Orange County district attorney's office says that on the day of the Newport Beach bicycle accident, Miller consumed alcohol at Zinc Café, where she worked. Almost two hours after the deadly collision, her BAC was .10%

Our Anaheim car accident lawyers reported on this tragic accident soon after it happened last February. Read that blog post for more details.

Texting while Driving
Texting while driving is a dangerous activity to engage in regardless of whether or not one is intoxicated. Some have even called texting more dangerous than drunk driving.

Texting prevents a driver from fully paying attention to the road and traffic. It also requires part of the brain function required for driving a motor vehicle. A person who is texting likely has at least one if not both hands off the steering wheel. Now imagine a driver who is texting and also impaired from having consumed too much alcohol and you'll get a sense of how dangerous that person can be on the road.

If you or someone you love was hurt in a car crash because someone else was texting and/or drunk, you may be able to sue for Orange County, California personal injury damages in civil court. Our Newport Beach injury lawyers know that while no amount of money can make up for your injuries or the loss off a loved one, it can allow you to hold the responsible party liable and help cover some of your resulting financial costs.

Woman Pleads Not Guilty in Crash That Killed Cyclist, Newport Beach Patch, April 15, 2011

Driver Charged in Deadly Newport Beach Bicycle Accident Had Received at Least 16 Traffic Ticket Citations Since 2005, California Injury Lawyer Blog, February 24, 2011

More Web Resources:
Texting Is More Dangerous Than Driving Drunk, The New York Times, June 25, 2009

Distracted Driving, U.S. Department of Transportation

More Blog Posts:
Preventing Orange County, California Distracted Driving Accidents: CHP Cracks Down on Cell Phone Use and Text Messaging In Santa Ana, San Juan Capistrano, and Westminster, California Injury Lawyer Blog, February 10, 2011

Orange County, California Car Accident Involving Dropped Cell Phone Leaves One Woman Dead and Three Men with Injuries, California Injury Lawyer Blog, February 16, 2009

The family of Terry Wayne Jackson has been awarded a $2 million San Bernardino wrongful death verdict against the county. Jackson, a 21-year-old mentally ill man, died while in police custody two years ago. The California excessive use of force lawsuit also names Police Chief Keith Kilmer and nine cops.

According to Jackson's mom Sheryl Nash, her son died in March 2009 because police were heavy-handed with the degree force they exerted when they apprehended him. The altercation with Jackson, who has schizophrenia, occurred after the police received a call that there was a man on the street exposing himself.

While police say that Jackson was under the influence of marijuana and methamphetamine, the plaintiff's side says that he was having "psychotic emergency" and that not only did police use too much force but they failed to regard his medical needs.

Police reportedly had a difficult time tackling Jackson. Not only was he 6 feet tall and 250 pound, but they say that resisted arrest and fought back. A third cop Tasered him. Although the San Bernardino County District Attorney's Office says that the charge from the stun gone was not enough to bring Jackson down, another cop testified that the suspect was already on the ground when the officers Tasered him.

Nash's Los Angeles wrongful death lawyer says that even though Jackson was slipping into unconsciousness and death, the police officers did not take off his restraints, reposition him so he could breath, or administer CPR. The plaintiff's side contends that these failures to act are against police policy and the training that officers receive. The District Attorney's Office says the officers did nothing wrong in the way they handled Jackson.

Excessive Use of Police Force
Even if a police officer didn't intend to inflict harm on you or your loved one, if the cop used excessive force and injury or death resulted, then you may have grounds for a San Bernardino County injury case. Police officers must be careful with how much force they exert in any situation. Unfortunately, mistakes happen and it is the victims that suffer.

Jury orders San Bernardino to pay $2 million, Redlands Daily Facts, April 12, 2011

Related Web Resources:
San Bernardino Police

Police use of force, National Institute of Justice

More Blog Posts:
San Bernardino Police Brutality Alleged by Man Who Claims He Has Video Evidence, California Injury Lawyers Blog, March 17, 2011

Buena Park Police Brutality Alleged in 2009 Incident Involving Man Arrested at Knott's Berry Farm Amusement Park, California Injury Lawyers Blog, February 17, 2011

Appeals Court says Los Angeles Personal Injury Lawsuit Against County Sheriff Lee Baca Over Brutality in Jail Can Proceed, California Injury Lawyers Blog, February 12, 2011

Police have arrested John Thomas Windsor, a Costa Mesa resident, for allegedly stealing more than $280,000 from a 98-year-old Newport Beach woman who was suffering from dementia. Our Anaheim injury lawyers would like to remind our readers that stealing money from older seniors is Orange County, California elder abuse.

Windsor is charged with felony residential burglary, fraudulent use of an access card, caretaker theft of an elderly, and three counts of forgery. The charges come with sentencing enhancements based on the allegation that the crime was a white collar one involving the theft of over $200,000.

Police contend that Windsor began living with the victim without her knowledge in 2007. The woman, referred to as Edna M,, was deaf, blind, and suffering from dementia. At the time he moved in, Windsor was on parole for fraud and domestic violence.

The authorities say that Windsor got Edna to turn over power attorney to him even though doctors later found that she wasn't mentally capable of doing so at the time. He also allegedly took over $280,000 from Edna's bank accounts and used her credit cards to make purchases, including a Tiffany & Co. engagement ring and two cars. Edna passed away in 2009 at age 99.

Elder Financial Fraud
Signs that your loved one may be a victim of Anahaim elder financial fraud:

• Unexplained withdrawals from accounts
• Valuables or money missing from the elderly person's residence
• Sudden changes in power of attorney, will beneficiaries, insurance policies, or titles
• Sudden changes in an elderly person's financial state
• Unpaid bills
• Suspicious charges on your credit card bill

Man charged with stealing more than $280K from elderly woman, Daily Pilot, April 13, 2011

John Thomas Windsor Allegedly Stole Blind Widow's $280k for Cars, Ring and Sex Swing, OC Weekly, April 13, 2011

Related Web Resources:
National Center on Elder Abuse

Elder Abuse and Neglect, HelpGuide

More Blog Posts:
Los Angeles Elder Abuse and Neglect Alleged in 89-Year-Old's Alzheimer Patient's Fatal Fall Fatal At Woodland Hills Retirement Community, California Injury Lawyers Blog, March 16, 2011

Three Workers Arrested for California Nursing Home Sexual Abuse, California Injury Lawyers Blog, March 14, 2011

Costa Mesa Nursing Home Fine Over Alleged Orange County, California Nursing Home Negligence Related to 93-Year-Old Man's Death, California Injury Lawyers Blog, February 28, 2011

Continue reading "Costa Mesa Man Accused of Stealing Over $280K in Alleged Elder Fraud Abuse " »

A jury has awarded the family of Thomas Miller $4.6 million for his Los Angeles County wrongful death. Miller, a nonprofit director of the Community Foundation of the Verdugos, died of a heart attack in 2006.

According to the jurors, Dr. Collin Cooper was negligent in his diagnosis and treatment of Miller, who had called him to report severe chest pains. Rather than have Miller immediately undergo a cardiac enzyme test, the plaintiffs contend that Cooper told him to come in a few days later. During that visit, the doctor ordered a treadmill stress test and administered an electrocardiogram exam. An hour after taking the stress test, Miller died.

Per the coroner's report, Miller's cause of death was a heart attack, which was why he was having chest pains. The family's Los Angeles medical malpractice lawyer says that the electrocardiogram missed it.

Miller leaves behind his wife, KPCC radio anchor Susanne Whatley-Miller, and their two daughters. Because of a $250,000 insurance cap on medical malpractice litigation, the family will get about $1 million.

Heart Attacks
Contrary to what we often see on TV or in movies, not all heart attacks are sudden and severe. Many incidents of heart attack start off slowly, with mild symptoms of discomfort and pain. Because people don't realize what is happening they may wait too long to get help.

Some possible symptoms of a heart attack:
• Chest pain
• Arm pain
• Jaw pain
• Shoulder pain
• Sweating
• Breathing problems

Unfortunately, even when people do call for medical help, doctors, EMTs, and others can wrongly diagnose your symptoms, calling it indigestion instead of a heart attack, or delay their diagnosis, which can prevent the patient from immediately getting the necessary medical care that he/she needs. Wrong diagnosis, delayed diagnosis, and failure diagnose can be grounds for a Los Angeles medical malpractice case if serious health complications or death result.

Family of nonprofit director awarded $1 million, Glendale News-Press, April 7, 2011

Related Web Resources:
Heart Attack Symptoms and Warning Signs, American Heart Association

Wrong Diagnosis

More Blog Posts:
Los Angeles County Medical Malpractice Lawsuit Claims Lap-Band Surgery Caused Wife's Wrongful Death, California Injury Lawyers Blog, March 9, 2011

Los Angeles Surgical Error: Wrong Kidney Given to Patient During Transplant Surgery at USC, California Injury Lawyers Blog, February 18, 2011

Anaheim Hills Medical Malpractice?: Cypress Plastic Surgeon on Probation After Patient Dies, California Injury Lawyers Blog, February 15, 2011

The family of Jo Le says the LA County Sheriff's Department did not do enough to find the 20-year-old Anaheim man after he went missing on Friday during a hike with a friend near the San Gabriel River. Lee, who was crossing the river at a rope crossing, disappeared after he was knocked down by rushing water, which carried him downstream. His body was discovered two days later. According to the Los Angeles Times, Le's family believes that his Los Angeles death might not have happened if the Sheriff's Department had worked harder to find him.

The Sheriff's Department says that over 100 people were dispatched starting Friday afternoon to look for Le but that the numbers were scaled down once the efforts became one of recovery. The search was discontinued the following day.

Beginning Saturday, his family, friends, and volunteers started sweeping the 7-mile river stretch to find him. Le's relatives say that they didn't meet any official search members on the ground and that a deputy told them that for liability reasons, they were on their own.

It was hiker Santos Avila Navarrete who found Le's body on Sunday. It was underwater beneath a log and some branches that were close to the Angeles National Forest's Coyote Flats area. Navarrete's wife said that although there were deputies in the area, they did not offer to help.

California Wrongful Death
Certain parties can be held liable for Los Angeles wrongful death even if they did not directly cause the fatality. If their negligent actions contributed to causing or allowing the death to happen, the surviving family members of the person who died may have grounds for a case against them.

Family of dead hiker says L.A. Sheriff's Department failed to aid in two-day search, Los Angeles Times, April 6, 2011

Body is found in river search for Anaheim man, OC Register, April 3, 2011

Related Web Resources:
LA County Sheriff's Department

Angeles National Forest

More Blog Posts:
$40M Huntington Beach Personal Injury and Wrongful Death Claims Seek Damages From City Over Fatal Orange County, California Pedestrian Accident that Killed 3-Month-Old, California Injury Lawyers Blog, February 18, 2011

Family File Claims Blaming Newport Beach Police for Orange County, California Wrongful Death of Man who Hanged Himself in Jail, California Injury Lawyers Blog, January 26, 2011

Continue reading "Family Says Los Angeles County Sheriff's Department to Blame for Not Finding Anaheim Hiker In Time" »

Cameron Cook, 18, died early Sunday, from injuries that he sustained in an Orange, California car accident on Saturday night. Cook was standing outside a disabled 2001 Chevrolet Camaro on the 57 when a Honda Civic driven by 24-year-old Highland resident Ashley Bryan struck the disabled vehicle. The car hit Cook, pushing him over an overpass railing.

Cook fell some 50 to 60 feet before landing on a concrete embankment under the freeway. He was transported to UCI Medical Center where he was later pronounced dead.

Also injured was Logan Vescio, 18, who had been seated in the disabled Camaro. He sustained facial abrasions. Bryan was also hurt. She is charged with felony vehicular manslaughter while intoxicated and other criminal charges. Police say that her BAC was .17%, which is over twice the legal limit.

California Pedestrian Accidents
A pedestrian that gets hit by a vehicle moving at speeds of 65 mph or greater has no protection from the force of impact during this type of Orange County, California car crash. According to the CHP there were 164 California pedestrian deaths on freeways in 2009. There were 185 California pedestrian deaths on freeways in 2008.

Comparative Fault
California is a comparative fault state. Unlike comparative negligence states, where a victim has to be less than 51% at fault to recover compensation, or contributory negligence states, where if the victim is even a little at fault then he/she cannot recover anything, in this state, an injury victim who files a California personal injury complaint may be able to recover California injury damages as long as he/she isn't determined to be 100% at fault.

It is important to make sure that you or your family is represented by an experienced Orange, California personal injury law firm that knows how to prove that the other party was liable for your injuries.

Driver Charged in SoCal Freeway Overpass Death, Mercury News, April 5, 2010

Prosecutors Charge Highland Woman in JSerra Alumnus' Death, San Juan Capistrano Patch, April 5, 2011

24-year-old woman arrested in fatal crash, The OC Register, April 4, 2011

Related Web Resources:
California Department of Transportation

Pedestrians, NHTSA

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$18.3M California Traumatic Brain Injury Verdict Awarded to UC Davis Doctor Injured in Pedestrian Accident, California Injury Lawyers Blog, April 4, 2011

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Continue reading "18-year-Old Struck in Orange, California Pedestrian Accident Falls to His Death on the 57 Freeway" »

A jury has awarded $18.3 million to Cathy Liu for a brain injury she sustained during a California pedestrian accident in 2007. The defendant in this case is the city of Sacramento. Due to a pretrial agreement, damages are capped at $6 million.

A car hit Liu, now 29, on July 6, 2007 while jogging. The UC Davis doctor and former interest still suffers from aphasia, which has impaired her speaking ability, and she also has partial paralysis on her right side.

Lu's California traumatic brain injury case focused on the quality visibility along the road where she was struck. According to her personal injury attorney, the city was negligent in its supervision and control of the Freeport Boulevard "S" curve and didn't warn drivers going toward the curve, which slides around the Taylor's Market complex, that they are approaching a crosswalk. That pedestrian lane was where the vehicle hit Liu.

The driver of the vehicle that hit Liu, 67-year-old Douglas Wayne Seybert, was initially named a defendant in her California car crash lawsuit, but his name was later dismissed. City court papers said that he had removed his foot from the gas pedal and his vehicle was only moving at 18 to 20 mph when he struck Liu. Seybert, who has admitted that he suffers from vision problems because of diabetes, was found 39% liable for the California pedestrian accident. They found Liu 10% liable and the city of Sacramento 51% liable. The jury's findings were different from that of the police department, which determined that Liu was 100% liable because she violated Vehicle code provisions that prohibit pedestrians in unmarked or marked crosswalks from stopping or delaying traffic unnecessarily.

Orange County, California Traumatic Brain Injury Cases
Living with a brain injury can change a person's life in every single way. In addition to physical impairments and emotional disabilities that can result, the person's career and personal life may be adversely affected. The medical costs from living with the effects of a TBI can be astronomical.

The outcome of this case is a clear example of why--regardless of what the authorities say--you should still explore your options with an experienced Anaheim brain injury lawyer. If Liu hadn't filed her lawsuit, she wouldn't have been able to recover compensation for her TBI.

UC Davis Doctor with Brain Injury after accident is awarded $18.3 million, Sacramento Bee, April 1, 2011

Former resident awarded millions for traffic accident, ChicoER, April 2, 2011

Related Web Resources:
Brain Injury Association of America

The Brain Injury Recovery Network

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