California Injury Lawyers Blog

A California jury has awarded worker Brian Richeson $10,717,498.39 for his Riverside County construction accident injuries. The 46-year-old fell 20-feet when he stepped on a plywood platform that wasn't secured in 2008. The defendant in the case was Tovey/Shultz Construction.

Richeson's injuries to his shoulder and back were so severe that he had to undergo multiple surgeries. He continues to experience weakness and chronic pain and suffers from partial paralysis and his doctors believe his condition will continue to grow worse. Because of the Riverside personal injury accident, Richeson can no longer work as a construction worker.

Because the jury found Richeson to be partly at fault, they reduced is verdict by 50%.

Construction Accident Falls
Construction accident falls are the cause of more than 300 deaths and many more injuries each year. Many falls could have been prevented if only the proper safety measures had been implemented. Common types of construction falls include roof falls, elevator shaft falls, falls through holes in the ground, scaffolding falls, ladder falls, and falls during a crane collapse.

Fall accidents can result in serious injuries that can virtually end a worker's career if not kill them. That's why there are federal and state safety regulations that need to be followed to minimize the risk of construction falls. Broken bones, head trauma, spinal cord injuries, traumatic brain injuries, and crush injuries can result during a fall.

Unfortunately, working at a construction site is a dangerous business, which is why safety measures must be followed. General contractors and subcontractors are legally obligated to provide workers with a reasonably safe construction site. This includes the set up of safe working conditions while ensuring that the proper protocols and procedures are followed and the correct safety equipment and protection gear are being used.

Although a worker cannot sue his/her employer--California workers' compensation law mandates employers pay work injury benefits and disability and death benefits in the event of a work accident or fatality--there may be third parties that can/should be held liable, such as a subcontractor, a contractor, the owner of the construction site, architects, engineers, the construction manager, or the manufacturer of a defective crane or another piece of construction equipment that failed, that played a role in the injury accident.

If you or someone you love was seriouslt injured in a Riverside County construction accident, there is no reason why you shouldn't receive both your California workers' compensation benefits and personal injury benefits from all liable third parties.

Construction Accidents, Justia

Occupational Safety and Health Administration

Preventing Construction Falls, Centers for Disease Control and Prevention

More Blog Posts:
Huntington Beach Construction Worker Dies in Trench Collapse, California Injury Lawyers Blog, April 27, 2009

Toddler Attending Los Angeles Lakers Game Dies After Falling 50 Feet from Staples Center Luxury Seats, California Injury Lawyers Blog, November 22, 2010

Rancho Santa Margarita Plant Explosion Kills Two Workers and Injures Two Others, California Injury Lawyers Blog, April 3, 2009

Another Orange County, California personal injury lawsuit has been filed in the Huntington Beach traffic crash death that killed a baby in a crosswalk last. Caryl Johnson says she became permanently disabled and sustained emotional scars when driver Anthony Cesares crashed his Chevrolet Tahoe into Johnson's truck, which was stopped in front of the pedestrian lane at the intersection of Springdale Street and Croupier Drive. She is suing Cesares and the city of Huntington Beach for negligence.

Johnson's 2006 Toyota Tundra slammed into baby Ruby Rose Gould in her stroller, her mother Renee Gould, and her 11-year-old cousin Daisy Chuntz. The impact of the crash caused the nearly 4-month-old infant's body to be thrown some 40 feet. She died of head trauma. Meantime, her mother sustained a fractured vertebrae and her cousin Daisy broker her leg. Daisy's 7-year-old brother did not suffer physical injuries but he saw the crash happen. Ruby and her Mom, both Australian nationals, were in the US visiting family.

Police reports show that Cesares became distracted when his laptop, which was in the passenger seat, slipped out of its carrying case. As he quickly looked down to keep the laptop from falling to the ground, he failed to notice Johnson's vehicle in front of him.

Cesares's vehicle was moving at a speed of about 40 mph at the time. Although he stepped on the brakes, he could not stop in time. He has since pleaded guilty to involuntary manslaughter and his now on three years informal probation.

Ruby's loved one's have already filed their Huntington Beach, California wrongful death and personal injury complaints. Her parents spent three years trying to conceive her. Also named a plaintiff in Johnson's complaint is her husband Ronald, who is claiming loss of consortium because his wife is not able to performer her spousal duties and services.

Following the tragic Huntington Beach pedestrian accident, residents in the area complaint that the zone where it happened was not safe, poorly marked, and that vehicles drove swiftly through the area. If more could have been done by the city to ensure that the pedestrian lane was safer so that the collision that killed Ruby and injured her family wouldn't have happened, the city may owe damages over what happened.

Distracted Driving
Distracted driving is dangerous. Texting while driving, reading a magazine, talking on a cell phone, trying to calm down the dog in the back seat, picking up items that have fallen off the passenger seat can all cause serious injuries and deaths not just for the driver but for those that happen to be in the area should an accident happen. Motorists can be held liable for Huntington Beach personal injury if their distracted driving behavior hurts others. Sadly, these drivers likely never intended to do anything to hurt anyone. However, this does not mean there aren't real life consequences that they must deal with as a result of their actions.

Baby's crosswalk death sparks another suit, OC Register, September 29, 2011

Distracted Driving, US Department of Transportation

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

$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 Girl, California Injury Lawyers Blog, February 18, 2011

Number of California Car Crashes Not Going Down Despite Handheld Cell Phone and Texting while Driving Bans, Says HLDI, California Injury Lawyers Blog, January 13, 2011

The widow of a man who died as a result of California medical malpractice will receive $250,000 in noneconomic damages instead of the $6 million that she was awarded by a jury for her husband's wrongful death. The ruling, by the Court of Appeal of the State of California, 5th Appellate District, upholds California's $250,000 noneconomic damages cap. The court agreed that the cap, which the state's Supreme Court has deemed constitutional, doesn't violate a citizen's equal protection rights.

The plaintiff, Holly Stinnett, sued Dr. Tony Tam and Modesto Surgical Associates for her husband Stanley Stinnett's wrongful death. In 2006, several days after he was admitted to Memorial Medical Center of Modesto for treatment of his California motorcycle injuries, Stanley went to respiratory arrest and his stomach filled up with fluid before he then passed away.

Holly blames California medical negligence on Dr. Tam's part for her husband's passing. She contended that Stanley died from stomach aspiration because the surgeon failed to drain the fluid in his stomach.

Even though Tam denied Holly's allegations, the jury found the defendants negligent. They awarded her $6 million in noneconomic damages and over $1 million in economic damages. A trial court granted Tam's request that the awarded be lowered according to state law. Holly then appealed.

The damages cap falls under Medical Injury Compensation Reform Act. While the appeals court judges found the cap constitutional in 2009 after one of the lawsuits that challenged it, that ruling was never published. As a result, future complaints could not cite that decision as case law. This latest opinion, however, will be published.

California Medical Malpractice
Under state law, an adult victim of Anaheim, California medical malpractice or the family of the person who died from medical negligence has a year from the date of finding out a negligent act occurred--but not beyond three years from the date the injury occurred--to file a civil action. Because this type of case can be a complex one, the sooner you speak with a Los Angeles medical malpractice lawyer who can start investigating what happened, building your case, and pursuing financial recovery, the better.

Some examples of medical malpractice:

• Wrong diagnosis
• Delayed diagnosis
• Failure to obtain informed consent
• Surgical malpractice
• Poor pre-operative care
• Poor post-operative care
• Anesthesia errors
• Dental malpractice
• OB/GYN malpractice
• Birthing malpractice
• Medicine-related mistakes
• Nursing negligence
• Medical testing errors
• Failure to diagnose

Plaintiffs must prove that the medical professional or professionals did not meet the standard duty of care. In many cases, "expert witnesses," such as another doctor, may be required to prove that this negligence occurred. Victims and their loved ones will also have to show that this inadequate medical care resulted in injuries, illness, or death.

California's noneconomic damages cap upheld, AMEDNews, September 26, 2011

More Blog Posts:
Is it Time to Lift the California Medical Malpractice Caps?, California Injury Lawyers Blog, January 22, 2011

California Wrongful Death Lawsuit Filed in Los Angeles Medical Malpractice Case Involving Lap-Band Patient Also Seeks Damages from Advertising Company, California Injury Lawyers Blog, September 14, 2011

Los Angeles Plastic Surgery Malpractice?: California Sting Operation Shuts Down West Hollywood Clinic, California Injury Lawyers Blog, August 16, 2011

Ruby Walters, an elderly assisted living facility resident, has been awarded a $1,311,593.67 Los Angeles County nursing home abuse judgment in her case against Greenpark Villa Inc. in Torrance. Walters, who fell twice while under the facility's care, suffered a hip fracture as a result and experienced severe pain.

Walters began staying at the Torrance residential care facility for the elderly after undergoing surgery for her other hip, which was fractured first. She also had a stage 1 pressure sore and suffered from dementia.

According to her Los Angeles nursing home abuse lawyers, poor staffing and not enough funding lead to inadequate nursing care, which is why Walters felt twice and her pressure sore became a stage four bedsore that became infected. Walter's legal team also claims that the assisted living facility didn't send her to the hospital after her second Los Angeles fall accident and she ended up experiencing severe pain for several months without knowing that she'd fractured another hip.

Bedsores and Fall Accidents Pose Serious Health Threat to the Elderly
Pressure sores and fall accidents are two of the most common causes of serious injuries to the elderly. They can be caused by nursing negligence. For example, a Stage 1 decubitus ulcer can rapidly becoming a serious wound that can cause serious health complications and infection and even death. Meantime, fall accidents can cause serious and painful injuries for the patient, who may have to undergo surgery and, in some cases, may find their health deteriorating as a result.

Nursing homes know all of this and it is the job of staff to check for bedsores, prevent them from happening, and properly treat them when they do. As a matter of fact, pressure sores are usually preventable unless nursing neglect comes into play.

Easy ways that nursing staff can prevent bedsores:
• Proper hydration
• Proper nutrition
• Checking the skin regularly
• Frequently changing the patient's physical position
• Skin that is regularly cleaned, then tried, and moisturized
• Changing soiled or wet sheets and clothes
• Preventing bony areas of the body from touching each other
• Immediate treatment of signs of a stage one pressure sure

As for fall accidents, assisted living facility staff are supposed to closely monitor patients that are fall accident risks, including those that cannot walk without help, and providing other assistance (for example wall railings, walkers, and wheelchairs). Fall accidents can cause broken bones, hip fractures, bruises, back injuries, neck injuries, spinal cord injuries, traumatic brain injuries, and even deaths.

You may be able to obtain Los Angeles personal injury recovery for California nursing home abuse or neglect. You will want to work with a law firm that has the experience and resources to pursue this type of case.

$1.3 Million Judgment Against Torrance Assisted Living Facility For Elder Abuse, The Sacramento Bee, September 26, 2011

More Blog Posts:
Los Angeles Bedsore Lawsuit Claims LAC Medical Center Attempted to Conceal California
Elder Neglect, California Injury Lawyers Blog, June 25, 2011

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
Jury Awards $29.1 Million California Nursing Home Neglect Verdict to Family of Patient who Died from Infected Bedsore, California Injury Lawyers Blog, May 13, 2010

Don Peters, the man who coached the US women's gymnastics team to eight medals at the 1984 Olympic Games, is accused of having had sex with three women when they were teen gymnasts. All three women attended SCATS, a gymnastics club in Huntington Beach. They say that Peters had sexual relations with them during the 1980's.

One of the women, Doe Yamashiro, was also a member of the US national team. She told the OC Register that the repeated fondling started when she was 16 and she had sex with him when she was 17. The second woman claims she had sex with Peters when she was 18. She says that Peters had known she was an incest survivor.

The women's families and fellow former gymnasts say that the sex abuse allegations against Peters are true. If USA Gymnastics decides to substantiate the women's sexual abuse allegations, Peters could be banned from the sport for life.

Child Sexual Abuse
Child sex abuse is a serious problem. A lot of victims know their abusers. Many abusers are in position of authority over their targets that allows them access and power.

Sex abuse is illegal and can be grounds for criminal charges. It can also be reason for filing Orange County, California personal injury charges against the abuser and others that may have allowed the abuse to happen.

To bring a Orange County, California sexual abuse claim, your civil lawsuit must be made before you turn 26. That's within 8 years of the age of majority. That said, California has put into place an extension to this statute of limitations on the grounds of "discovery" of the abuse or its effects. This allows for Orange County, California personal injury complaints involving sex abuse to be filed within three years of the date that the victim discovered (or should have found out) that sex abuse caused illness or psychological injury after the age of majority.

The state of California also has a law that allows for sex abuse complaints to be made against those that knew that a representative, employee, agent, or volunteer was committing unlawful sexual conduct yet did not take reasonable actions to stop the behavior. A plaintiff has one year upon discovering this entity or person to file a lawsuit.

It can be hard for a child to step forward right away to report that he/she has been a victim of sex abuse. The victim may not exactly understand what is happening, feel responsible for the assault, feel paralyzing shame, or be too scared to report what happened for fear of the repercussions. It is also not uncommon for victims of child sex abuse to repress their memories for years.

In California, even if a minor consents to sex, it is illegal for an adult to have sex with anyone under age of 18.

INVESTIGATION: Ex-gymnasts accuse renowned coach of sex abuse, OC Register, September 23, 2011

SCATS Gymnastics

Don Peters Biography, US Gymnastics Hall of Fame

More Blog Posts:
Los Angeles Wrongful Death Lawsuit Filed Against the Stepdad of Woman Who Committed Suicide While Alleging He Raped Her is Revived, California Injury Lawyers Blog, July 16, 2011

Costa Mesa Priest Sued for Orange County, California Child Sex Abuse on Trial, California Injury Lawyers Blog, June 16, 2011

Mexican Man's Los Angeles Sex Abuse Lawsuit Accuses Cardinal Roger Mahoney Of Conspiring to Cover Up for Priest, California Injury Lawyers Blog, April 20, 2010

Continue reading "Former US Olympic Gymnast Coach is Accused of Orange County, California Child Sex Abuse " »

The federal government is a defendant in a number of lawsuits alleging California personal injury and wrongful death in the 2010 off-road race in the Mojave Desert at the California 200 event last year. Eight people died and at least 10 others sustained injuries when a modified Ford Ranger truck flew off the course when making a jump and crashed into a crowd of watchers lining the off-road track. More civil complaints are expected. BLM and the other defendants are accused of failing to keep proper control and management of the race.

The accident occurred in an area owned, maintained, and supervised by the Bureau of Land Management. In addition to the BLM, other defendants include Ford pickup truck driver Brett Sloppy, MDR Productions, and Mojave Desert Racing.

The plaintiffs contend that BLM did not follow the recreational permit process for letting the race take place on federal land. They also blame the government agency for failing to make sure that spectators would be safe. BLM policy specifies that areas for watchers need to be delineated with temporary fencing. When Sloppy's truck landed in the crowd of viewers, there was no guardrail to serve as a barricade that could have protected them.

Also, rules of conduct for spectators, warnings that they stay out of the pits, and accident risk information also needs to be posted on large signs when event weekends are taking place. The plaintiffs say that none of this was done on the weekend of the California 200. They believe that because these elements were missing, BLM should have taken away the event permit or canceled the race. (The government agency has admitted that it did not follow its own policies when admitting and monitoring this race). Hundreds of people attended the California 200 race that day.

Also suing BLM, Mojave Desert Racing, and MDR Productions is Sloppy's mom, Lynne Sloppy. She is claiming California personal injury for the distress she experienced when she saw her son's truck go off the racetrack, flip over, and land in the crowd. She contends that watching the entire accident unfold was traumatic, including seeing all the injuries happen and then watching people become aggravated toward her son while he was still stuck in his vehicle. She wants punitive damages for negligence and intentional infliction of emotional distress.

California Personal Injury
As you can see with all different allegations and claims being made over this incident, there may be numerous plaintiffs and a number of defendants in a California injury accident of this magnitude. Different grounds may be cited for negligence depending on the roles defendants allegedly played. Defendants may even become plaintiffs themselves--or, in this case, Sloppy's mom is also choosing to sue for her emotional injuries.

Wrongful-Death Suit in Off-Road Race Crash, Courthouse News, September 19, 2011

8 more lawsuits in fatal off-road race crash, SignonSanDiego, September 14, 2011

Related Web Resources:
Bureau of Land Management

Mojave Desert Racing

More Blog Posts:
California Off-Road Race Kills 8 and Injures 12 in Mojave Desert, California Injury Lawyers Blog, August 17, 2011

Toddler Attending Los Angeles Lakers Game Dies After Falling 50 Feet from Staples Center Luxury Seats, California Injury Lawyers Blog, November 22, 2011

Trucker Charged with Murder in 2009 La Cañada Flintridge Truck Accident Files Los Angeles County Personal Injury Over Angeles Crest's Allegedly Unsafe Road Conditions, California Injury Lawyers Blog, March 31, 2011

Continue reading "Bureau of Land Management Sued Over 2010 Off-Road Race in the Mojave Desert that Killed 8 and Injured a Number of Others " »

According to the coroner's death certificate, Kelly Thomas, the mentally ill transient who was fatally beaten by Fullerton six police when they apprehended him in July died from asphyxia brought about by mechanical chest compression and accompanied by blunt cranial-facial injuries. The coroner is calling the death a homicide. Thomas, who was 37, weighhed 145 pounds, and suffered from schizophrenia, also sustained traumatic brain injuries, fractures to his face and ribs, serious bruises and abrasions, and severe bleeding.

Thomas's parents have already filed a Los Angeles, California wrongful death claim against the city of Fullerton. This type of claim against a city is a precursor to an actual civil lawsuit. In their Fullerton wrongful death claim, Thomas's family accused police of using "excessive and deadly" force "without justification" when they detained him at the Fullerton Transportation Center and used their fists, a Taser, and objects for approximately 10 minutes to restrain him. The six cops were responding to a report that someone was trying to break into autos at the Metrolink station parking lot.

Today, Orange County prosecutors charged Fullerton police officer Manuel Ramos with second degree murder and involuntary manslaughter in Thomas's death. Ramos was the first person to approach Thomas that day. Ramos has been quoted as saying to Thomas, "My fists ... are getting ready to F you up."

A second cop, Cpl. Jay Cicinelli, was charged with involuntary manslaughter. He is accused of shocking Thomas four times and using the stun gun to smash up Thomas's face. Cicinelli is also charged with excessive use of force under the color of authority. The other four cops, who were placed on administrative leave along with Ramos and Cicinelli, will not be criminally charged.

Last week, The Los Angeles, California wrongful death lawyer of Thomas's family announced that he will be filing a Los Angeles police brutality complaint against the city of Fullerton on behalf of a man who says that he too suffered brutal treatment by one of the police officers involved in Thomas's beating. Temecula resident Edward M. Quinonez's Fullerton personal injury case is against officer Kenton Hampton. Quinonez also happened to witness the cops beatingThomas.

Police Brutality
Police officers must never use force more excessive than what a situation warrants. If you or someone you love sustained fatal injuries because a cop was physically or verbally abusive or used more force than necessary, your civil rights have likely been violated and you may have reason for seeking Los Angeles personal injury damages from the police department, the individuals involved, and/or the city.

Unfortunately, many people are too afraid to report when they've been threatened or brutalized by a cop. They may not even know that something wrong has been done to them or fear reprisals.

Another suit planned against Fullerton police, OC Register, September 16, 2011

Kelly Thomas: Father urges high bail in son's 'horrific' death, LA Times, September 21, 2011

Kelly Thomas died of asphyxia, report says, MSNBC, September 21, 2011

Fullerton officer charged with murder in Kelly Thomas death, ABC Local, September 21, 2011

Related Web Resource:
Police Department, City of Fullerton

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

Newport Beach Wrongful Death Lawsuit Blames Police for Suicide of Man While in Custody, California Injury Lawyers Blog, August 6, 2011

$2.1M Excessive Use of Force Settlement Reached in 2008 Orange County, California Wrongful Death of Inmate Detained by Cops in 2008, California Injury Lawyers Blog, June 29, 2011

Police in Costa Mesa and Newport Beach are trying to figure out why a huge tree fell on Thursday afternoon, causing it to fatally crush Haeyoon Miller, a 29-year-old Tustin woman. At the time, Miller was in her car, which was stopped at a red light. The fatal Orange County, California accident took place on Irvine Avenue at the edge of Costa Mesa's city limits.

The tree was 50 to 70 feet tall with a 3-foot truck. Officials say the tree was pruned less than six months ago and did not exhibit any diseases. It also wasn't very windy on the day that it fell.

Following the accident, the woman was conscious for the first few minutes but by the time firefighters arrived she had lost consciousness. Some witnesses say that the firefighters that started lifting the large tree trunk "dropped" it back onto the vehicle, which did further crush damage to the auto. Firefighters, however, dispute this account.

Authorities report that chainsaws were used to separate the rest of the trunk from the portion that was on the car. Airbags were then used to lift the section ,which weight 9,000 pounds, while two braces were placed on the vehicle to prevent the truck from rolling. As the section was being lifted, the tree "resettled," and it dipped some 4-6 inches back onto the car. However, they maintain that Miller did not sustain additional injuries from the rescue efforts. A crane arrived within the hours to help lift the trunk section.

During the rescue attempt, a paramedic hooked her up to an IV. Unfortunately, Miller died at the Orange County, California car accident scene.

Some are speculating whether the 3.5 earthquake that occurred that morning caused the tree to come loose. If, however, negligence on the part of Newport Beach or Costa Mesa caused the tree to become a hazard that it was at risk of falling down, then Miller's family may have reason for filing an Orange County, California wrongful death complaint against one or both cities. A lot would depend on which city was in charge of maintaining the tree and its surroundings and where the tree was located. Some media outlets are saying that the tree was located in Costa Mesa but that Newport Beach was responsible for maintaining the median where it had been planted. Other sources say that the tree was located on the Newport Beach-Costa Mesa border. Another possible defendant in this type of wrongful death case would be any third party hired to maintain, inspect, or treat the tree prior to last week's fall.

According to Newport Beach officials, all 104 trees located in the median where the one that fell had stood are inspected about every six months. West Coast Arborists is the City's tree maintenance contractor. Newport Beach also has an arborist.

City to Inspect CdM Eucalyptus Trees After Fatality, Coronado del Mar Today, September 18, 2011

Driver dies after tree falls on car, Daily Pilot, September 15, 2011

More Blog Posts:
Los Angeles Wrongful Death Lawsuit: Teen's Parents Sue Over Fatal Ecstasy Overdose at '10 Electric Daisy Carnival, California Injury Lawyers Blog, September 12, 2011

Huntington Beach Premises Liability Claim Seeks $500K from City Over Hemet Boy's Burn Injuries from Fall Accident into Fire Pit, California Injury Lawyers Blog, August 18, 2011

$17M Los Angeles Wrongful Death Verdict Awarded to Mother of Blind Compton Man Who Fell in Opening Between Metro Blue Line Rail Cars in 2009, California Injury Lawyers Blog, August 2, 2011

Continue reading "Newport Beach and Costa Mesa Authorities Investigate Orange County, California Death of Woman Struck in Her Car by Fallen Eucalyptus Tree" »

Vicki Renteria, who is the mother of 11-year-old Taylor Holman, is seeking Orange County, California wrongful death damages from Newport Beach resident Teresa O'Brien. Holman died from injuries she sustained during a Santa Ana car crash on March 20, 2008.

Per court documents, Renteria and Holman were traveling on Harbor Boulevard in their 1995 GEO and making a left turn when they were struck by O'Brien's 2008 Mercedes Benz SUV, which severely damaged the passenger side of the victims' car. The impact of the Orange County, California car crash killed Holman. Renteria also contends that when she started to make that left turn O'Brien's vehicle was still some 20 car lengths away.

Renteria's Santa Ana, California wrongful death lawyer has accused the defendant of failing to comply with California Vehicle Code section 21801(b), which addresses the responsibilities of both the drivers that are turning left and the motorists who are approaching as these turns are being made. Renteria contends that O'Brien did not yield the right of way to the GEO. She is seeking general and compensatory damages.

Orange County, California Car Accidents
Unfortunately, practicing safe driving and obeying all the rules may not be enough to prevent you and your loved ones from becoming involved in an Orange County, California motor vehicle crash. If you are at the wrong place at the wrong time, you could still end up the victim of a collision that was caused by another party's negligence, recklessness, or inexperience.

It is a good idea to speak with a Santa Ana motor vehicle lawyer as soon as possible so that you can start pursuing California personal injury or wrongful death damages from the responsible party. Also, there will likely be evidence that needs to be examined as soon as possible.

Medical bills, funeral expenses, motor vehicle repairs, and other damages and costs may start to pile up, which can add unnecessary stress to what may be an already devastating situation. By working with an experienced Orange County, California injury law firm, you will have someone fighting for your financial compensation, which you can use to help pay for these bills and cover wages you've lost from having to take time off.

California Wrongful Death of a Child
California law does limit how much a parent can claim for a child's death. Recoverable compensation is limited to the damage or loss sustained by the child prior to death, as well as punitive or exemplary damages that the child would have been entitled to had he/she survived. Damages for suffering, pain, and disfigurement are not included.

Losing someone you love is never easy. While suing for Santa Ana, California wrongful death damages won't make up for your loss, it can hold the responsible party or parties accountable.

National Highway Traffic Safety Administration

California Department of Motor Vehicles

More Blog Posts:
$4.5M California Spinal Cord Injury Settlement Reached in Case of Girl Injured While Being Rescued by CHP Following 2006 Car Crash, California Injury Lawyers Blog, June 13, 2011

Irvine Teen Sustains Fatal Traumatic Brain Injury in Orange County, California Car Accident, , California Car Accident, California Injury Lawyers Blog, May 31, 2011

California Wrongful Death: Parents of Cal Poly Student Killed in '10 Pedestrian Accident Sue Caltrans, Doctor, and San Luis Obispo, California Injury Lawyers Blog, May 31, 2011

A US Food and Drug Administration advisory panel has said that there isn't enough information available for it to recommend limits for how long a patient should take a bisphosphonate drug to treat osteoporosis. The panel, however, did say that it was concerned about the number of women claiming to have developed thigh fractures and osteonecrosis of the jaw after taking Fosamax and similar medications over several years. Numerous Fosamax fracture lawsuits have even been filed. During its meeting on Friday, the panel voted in favor of adding more information on labels about the medications' effectiveness and safety when taken long-term--over three to five years.

Some four to five million people have prescriptions for a bisphosphonate drug filled each year. Actonel, Aclasta, Bonevia, Altevia, and Reclast are other biphosphonates. The Risk Management Advisory Committee and the Advisory Committee for Reproductive Health Drugs and the Drug Safety make up the FDA's advisory panel.

Fosamax, from Merck & Co, was approved in 1995 as the first approved bisphosphonate. At that time it was believed that Fosamax could be used indefinitely. Now, however, some researchers are wondering whether the benefits of taking the drug--the medication slows the bone breakdown that can come with aging--outweigh the possibility that it may also cause the bones to become so brittle that jaw death and/or thigh fractures can occur.

According to The Wall Street Journal, one California woman who testified before the FDA advisory panel said that her fracture occurred last May while she was throwing an item in the trash. She experienced a snap and then severe pain. Prior to her injury, Lanter, 68, would bike 25 miles each week and hike three miles a day. She had been taking Fosamax to treat her osteoporosis for nine years. There were other women that also testified before the FDA advisory panel about their fractures. X-rays of the injuries demonstrated the type of bone breaks that are usually associated with those sustained in car accidents.

The FDA is now reconsidering whether it will keep approving bisphosphonates for preventing osteoporosis. It, too, is looking at whether the suspected injury risks are worth the health benefits. It was just last year that, because of these concerns, the FDA recommended that doctors periodically reassess whether a patient should keep taking bisphosphonates.

Recently, questions have also been raised over whether Fosamax causes Esophageal ulcers and inflammation, which can lead to cancer.

Fosamax Lawsuits
Our Anaheim Fosamax fracture lawyers represent clients that have suffered thigh fractures, osteonecrosis of the jaw, severely suppressed bone turnover, and other serious side effects while taking this drug. We are experienced in holding drug manufacturers liable for Orange County, California personal injury.

FDA panel unclear on osteoporosis drug labels, CBS News, September 12, 2011

FDA Panel: Won't Make Treatment Recommendation For Osteoporosis Drugs, Wall Street Journal, September 9, 2011

More Blog Posts:
FDA Advisory Panel to Review Risks Associated with Taking Fosamax, California Injury Lawyers Blog, September 8, 2011

Does Fosamax Increase the Risk of Esophageal Cancer?, California Injury Lawyers Blog, July 31, 2011

Federal Fosamax Lawsuits Over Femur Fractures to be Coordinated Under Multidistrict Litigation, California Injury Lawyers Blog, July 29, 2011

The parents of 15-year-old Sasha Rodriguez are suing the Los Angeles Memorial Coliseum Commission, the event company Insomniac, Coliseum events manager Todd DeStefano, and two of his companies for her LA County wrongful death. The teenager overdosed on Ecstasy last summer after participating in a rave at the Electric Daisy Carnival.

Rodriguez parents are accusing the defendants of negligent supervision and inadequate staffing at the rave. Not only did their daughter, who was under the age limit of 16 and was not asked to show ID, take an illegal drug while at the venue, but also they contend that the event was understaffed and overcrowded and employees were not properly trained.

These circumstances allegedly led to emergency medical services and security not being able to get to their daughter immediately. The plaintiffs estimate that the delayed response to Rodriguez's emergency situation was about 20 minutes. On June 29, 2010, Rodriguez's parents, who were told that she would never regain brain function, were forced to give their consent to have their daughter be "terminally extubated."

Per the Los Angeles wrongful death complaint of Rodriguez's family, Insomniac President Pasquale Rotella later admitted to the Los Angeles Weekly that the company never planned to enforce the age 16 restriction, which was merely used as a marketing tool to generate sales. The plaintiffs believe that the defendants should have been aware that a rave's environment would "enable... illicit an illegal activity" and that this would endanger the safety and health of attendees. They also claim that DeStefano and Insomniac worked it so that attendance at the rave went beyond reasonable capacity and limited security at the event to lower production costs. They blame the Coliseum for its negligent supervision of DeStefano.

Following 2010 Electric Daisy event, 118 attendees ended up in emergency rooms. Also, Rodriguez's death is not the only one linked to an Insomniac event. At the Monster Massive rave at the Los Angeles Memorial Sports Arena in 2007, 21-year-old Michelle Yuenshan Lee was discovered convulsive and unconscious. It wasn't until over an hour after she was found that she was given emergency medical assistance. She died from a drug overdose.

At the 2009 Electric Daisy Carnival, a number of people with drug-related illnesses were also transported to hospitals. One 18-year-old suffered four strokes, multiple organ failure, and went into a comma for two months.

L.A. Coliseum, Insomniac sued by parents of dead teenager, LA Times, September 8, 2011

Read the Complaint (PDF)

Related Web Resources:
Los Angeles Memorial Coliseum Commission

Electric Daisy Carnival

More Blog Posts:

Continue reading "Los Angeles Wrongful Death Lawsuit: Teen's Parents Sue Over Fatal Ecstasy Overdose at '10 Electric Daisy Carnival " »

A jury has ordered YRC. Inc. to pay a motorist $12.2 million for his California tractor-trailer accident injuries. The victim, who driving a Chevy Metro at the time, suffered spinal injuries and traumatic brain injuries in 2008 when he was hit by a wheel that had come off the rear axle of a tractor-trailer.

The impact of the accident caused the motorist to hit his head on the roof of the motor vehicle despite wearing a seat belt. His California TBI injuries have changed his personality and damaged his memory, concentration, and ability to pay attention. Because of his spinal injuries, he had to undergo neck surgery. He will also experience back and neck pain for life. Because of his California tractor-trailer crash injuries, the victim, who worked a contractor that built, fixed, and tested military aircraft, has been unable to resume working.

Although YRC Inc. admitted responsibility for the California truck accident, the company accused the victim of lying about his brain injury. Also, the trucking company argued that the patient's neck injury was unrelated to the crash. The jury sided with the plaintiff.

Traumatic Brain Injuries
Sustaining a serious traumatic brain injury can alter a victim's existence for life.

Types of TBIs:
Penetrating Injuries: Involves a foreign object entering the brain and causing damage that way.

Closed Head Injuries: Caused by a severe blow to a head. This can lead to primary brain damage or secondary brain damage. Primary brain damage occurs on impact. Examples of primary brain damage include skull fractures, brain bruising, hematoma, lacerations of the frontal or temporal brain lobes, and diffuse axonal injury, which involves nerve damage. Meantime, secondary brain damage may develop as a result of the original trauma over time. Examples of this type of brain damage are intracranial infection, swelling, hematoma, epilepsy, intracranial pressure, blood pressure issues, anemia, abnormal blood coagulation, lung issues, and cardiac issues.

A brain injury may impair a person's ability to communicate, think, cope with life, interact with others, and generally exist. His/her motions and personality may be affected. Memory problems, inability to quickly process information, problems concentration, and other cognitive issues can develop.

A person with a severe TBI may not be able to continue working, or live independently. The TBI patient's injuries may also seriously impact their loved ones, who can no longer rely on him/her for emotional support, consortium, and financial support.

Motor vehicle crashes (semi-truck collisions, bus accidents, car crashes, motorcycle accidents, pedestrian accidents, bicycle crashes) are a leading cause of traumatic brain injuries. There may be a negligent motorist and/or other related third parties that should be held liable. While nothing can make up for your losses and damages, obtaining Orange County, California traumatic brain injury damages can help cover accrued and future costs that you may have to contend with as a result of your injuries.

California Jury Returns $12.2M Verdict In Suit Over Man's Brain, Spinal Injuries, Lexis/Nexis

Trucking Accidents: Common Causes & Liability, Nolo

Traumatic Brain Injury, CDC

More Blog Posts:
NFL Sued by 75 Pro Football Players in Los Angeles Superior Court For Concealing Brain Injury Risks, California Injury Lawyers Blog, July 21, 2011

Irvine Teen Sustains Fatal Traumatic Brain Injury in Orange County, California Car Accident, California Injury Lawyers Blog, May 31, 2011

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

This week, a panel of outside advisors to the US Food and Drug Administration are getting together to examine the risks linked to long-term use of bisphosphonate drugs. Our Orange County, California Fosamax lawyers will be watching these developments closely.

Fosamax, which is a popular osteoporosis drug, is made by Merck. In recent years, however, there has been growing concern that using this medication can lead to actual bone problems, including femur fractures and jawbone deterioration.

In the background document released this week by the FDA in advance of the advisory panel meeting, it was revealed that some officials are recommending that women use Fosamax for no more than five years--especially considering that most benefits from the medication occur within the first three years. "Drug holidays," which involves taking breaks from a medication, will also be considered. The also document notes that although there is currently no concrete evidence that bisphosphonates cause jaw injuries and femur fractures, such outcomes could not be ruled out especially because they are so had to study.

The FDA advisory panel is expected to make recommendations on regulatory actions to protect consumers. Boniva, Atelvia, and Actonel are among the other bisphosphonates that the FDA advisory panel will evaluate.

More than 1600 Fosamax fracture lawsuits have been filed by against Merck consumers complaining of serious bone injuries after taking the medication. In Los Angeles County, Riverside County, San Bernardino County, and Orange County, California, our Anaheim dangerous drug lawyers would like to offer you a free consultation to determine whether you have a case.

Among those suing Merck for products liability is Linda Secrest, who now has osteonecrosis of the jaw (ONJ). This is another bellwether case involving Fosamax. A bellwether trial is one that is expected to gage future trends related to a specific type of litigation. Numerous plaintiffs that have filed complaints on the grounds of the same claim/theory are usually a factor.

Although a District Judge recently ruled that Secrest can move ahead with her design defect claim against the drug maker, she will not be able to bring forward her claim that Merck did not warn about possible complications. She is also not going to be allowed to pursue punitive damages.

Between 2005 and 2009, about 5.1 to 5.7 million people were given prescriptions for Fosamax in the US. The majority of patients where in the over 55 age range.

Kenan used Fosamax between 1998 and 2005. In addition to ONJ, she claims that taking the drug caused her to suffer injuries to her oral cavity and jaw.

It is important that you worth with an Anaheim products liability law firm that is not afraid (and knows how to) pursue compensation from a drug manufacturer. Our Orange County, California dangerous drug lawyers know how upsetting it can be to discover that your health occurred because of the medication that your doctor prescribed.

F.D.A. Staff: 5 Years May Be Enough for Bone Drugs, The New York Times, September 9, 2011

Read the FDA's Background Document for the Advisory Committee, FDA.gov

FDA to Review Safety of Osteoporosis Drugs as Lawsuit Begins in Bellwether Trial, ABA Journal, September 6, 2011

Judge narrows benchmark Fosamax case vs. Merck, Reuters, August 31, 2011

Related Web Resources:
Fosamax, Web MD

Merck

Osteonecrosis of the Jaw

More Blog Posts:
Does Fosamax Increase the Risk of Esophageal Cancer?, California Injury Lawyers Blog, July 31, 2011

Federal Fosamax Lawsuits Over Femur Fractures to be Coordinated Under Multidistrict Litigation, California Injury Lawyers Blog, July 29, 2011

Fosamax: FDA to Form Advisory Committee to Explore Benefits and Risks of Long-Term Bisphosphonate Treatment of Osteoporosis, California Injury Lawyers Blog, July 24, 2011

Continue reading "FDA Advisory Panel to Review Risks Associated with Taking Fosamax" »

Robin Ellen Levinson, a community services officer with the Laguna Beach Police Department, is suing the city for Orange County, California personal injury. Levinson suffered physical injuries when she crashed her electrical bicycle in February 2010.

Levinson blames the city for her Laguna Beach bicycle accident. She claims the city failed to properly maintain Eagle Rock Way and did not remove the root deformity, which her bike ended up hitting. This caused her to lose control of the bicycle and she was thrown off it.
Per a California Highway Patrol report, Levinson sustained a shoulder fracture, a broken hip, bruises, and abrasions. The report noted that there is no designated bike lane on Eagle Rock Way.

Earlier, the city denied Levinson's Laguna Beach personal injury claim, contending that she did not "exercise ordinary care" and caused her own accident. (Prior to being able to file a civil lawsuit against a city, the injured party must first file a claim that will either be resolved or denied.)

Levinson, who had to take time off from work to recover, is claiming about $1.5 million in losses. She says the city should be responsible for her medical costs, pain and suffering, lost wages, lost earning capacity, rehabilitation, future medical bills and lost wages, and other compensatory damages.

Road defects can prove dangerous for motorists, pedestrians, and motorcyclists, which is why it is so important that such safety hazards are repaired immediately. Common road defects:

• Potholes
• Turns in roads that cannot properly accommodate the legal speed limit
• Merging lanes that are too short
• Inadequate road width
• Improper signage
• Inadequate grading
• Trenches
• Uneven lanes
• Malfunctioning stop signs
• Blind intersections
• Corners with blind spots
• Inadequate speed limits
• Absence of a sidewalk
• Poorly designed roads
• A tree placed too close to the curb edge
• Inadequate road construction warning signs

Interstates, highways, and streets in California are maintained by the city, county, another local government, or the California Department of Transportation. These parties are among those that can be held liable for injuries or deaths caused by a road defect.

Poor road conditions can cause catastrophic Orange County, California car crashes with devastating results. Medical and recovery expenses can be astronomical and there may be a loss of wages and benefits because the victim had to stop working to recover. There are also the life-altering changes that you and your family may have to live with as you cope with a traumatic brain injury, a spinal cord injury, or a loved one's death.

You will want to work with a Laguna Beach car accident law firm that knows how to prove liability on the other party's part.

Police Department employee sues city over bike accident, Laguna Beach Coastline Pilot, September 1, 2011

City of Laguna Beach

More Blog Posts:
Trucker Charged with Murder in 2009 La Cañada Flintridge Truck Accident Files Los Angeles County Personal Injury Over Angeles Crest's Allegedly Unsafe Road Conditions, California Injury Lawyers Blog, March 31, 2011

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

$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 Girl, California Injury Lawyers Blog, February 18, 2011