California Injury Lawyers Blog

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

National Safety Council

California Highway Patrol

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

According to the National Safety Council, about 287 traffic fatalities are expected during the 3.25-day holiday period that runs from 6pm on December 23 through 11:59pm on December 26. (Giving this figure a 90% confidence level, this means there could be anywhere between 220 to 365 traffic deaths in total. About 28,700 injuries requiring medical attention (or between 22,000-36,500 injuries) are expected.

"Although the holidays are among the least likely time when you want to be dealing with the aftermath of a California motor vehicle accident, the sooner you contact an Orange County, Ca personal injury law firm to begin exploring your legal options, the better," said Howard Law PC partner and Anaheim car accident attorney Vincent Howard.

The traffic death estimates for the 2012 New Year's Eve holiday period beginning the evening of December 30, 2011 through 11:59pm on January 2, 2012 include: about 297 traffic fatalities (with 249 to 353 deaths likely) and approximately 29,700 injuries requiring medical consultation expected (with 24,900 to 35,300 injuries likely).

Wearing a safety belt can help prevent traffic deaths. So can other preventive measures:
• Don't drive drunk
• Stay in defensive driving mode
• Pay attention when driving
• Don't follow another vehicle too closely
• Try to avoid traveling during peak traffic hours
• Make sure your car is up to date on all maintenance before driving away in it for the holidays
• Watch out for other drivers who may be impaired
• Avoid texting while driving
• Use a hands free phone if you must make or take a call while driving
• Avoid speeding
• Adjust the way you drive to current traffic and weather conditions
• If you are going to go to an area where there is snow, bring chains and other appropriate vehicle gear
• Avoid driving if you are exhausted or in a food coma

Unfortunately, the holidays, which should be a time for celebration and togetherness, can also be among the more dangerous periods on the road. With people rushing to different parties, clogging up the highways in an effort to visit family and friends, and drunken revelers thinking they are sober enough to drive, the traffic and road conditions can prove deadly.

In an effort to combat some of these conditions, police will be stepping up their efforts to crack down on inebriated drivers. Their attempts will be mirrored nationwide with the 'Drive Sober or Get Pulled Over' campaign. Although nationally the number of drunken driving deaths has gone down, alcohol is still a factor in one in three US traffic deaths.

Christmas Day 2011 and New Year's Day 2012 Holiday Period Traffic Fatality Estimates, National Safety Council

U.S. Transportation Secretary Ray LaHood Announces 'Drive Sober or Get Pulled Over' Crackdown on Drunk Driving, NHTSA, December 13, 2011

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

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

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

Continue reading "National Safety Council Estimates 287 US Traffic Deaths During the 3-Day Christmas Period" »

Wal-Mart is recalling a batch of Enfamil Newborn as a precautionary measure following a 10-day-old baby's death in Missouri from a rare bacterial infection. The powdered infant formula is sold in 12.5-once cans and the batch is lot number ZP1K7G. Some 3,000 Wal-Mart stores throughout the US will be pulling the product from their shelves.

The baby, Avery Cornett, died from Cronobacter sakazakii. It is not known at this time whether the baby formula caused the infection. C. Sakazakii has been linked to powdered infant feeding formulas, which usually aren't sterile and can become tainted with bacteria after pasteurization, while the formula is being prepared for the baby, or from products used to make the formula. It is an environmental contaminant that primarily affects infants and premature babies. Unfortunately, the bacteria can be very dangerous for them.

Mead Johnson Nutrition, which makes Enfamil Newborn, has been quick to note that the actual source of Avery's infection has not been verified. The manufacturer also stated the infant formulas are tested for bacteria before they are shipped into the marketplace.

According to Businessweek, there was another newborn that also recently developed C. Sakazakii after being given powdered formula. Fortunately, the infant recovered. A Mead Johnson spokesperson says that this incident hasn't been linked to Enfamil Newborn. (The baby reportedly drank several kinds of powdered formula.)

If, in fact, the Enfamil Newborn was the source of baby Avery's C. Sakazakii, his parents could have grounds for a products liability lawsuit against Mead Johnson. Wal-Mart could also be held responsible for selling the tainted powdered baby formula.

Products Liability
California products liability law allows a victim to hold manufacturers, sellers, wholesalers, and retailers liable for an injury caused by a product. Food is considered a product. Unfortunately, tainted, contaminated, and spoiled foods sometimes do enter the marketplace, causing food poisoning, bacterial infections, other illnesses, and even death.

"There may be other parties besides a manufacturer that should be held liable for the product defect that caused your loved one injury, illness, or death," said Howard Law, PC partner and Orange County, California products liability attorney Vincent Howard.

Sometimes, a food can become "defective" during the manufacturing process. Poor preparation can also result in food becoming contaminated or tainted. An experienced Anaheim personal injury law firm can help you determine whether the defect occurred and who should be held responsible.

Walmart pulls formula after infant dies, AP/SF Gate, December 23, 2011

Mead Johnson Drops as Wal-Mart Pulls Formula After Death, Bloomberg/Businessweek, December 22, 2011

Wal-Mart recalls powdered infant formula, Los Angeles Times, December 22, 2011

On Cronobacter sakazakii, Food Safety News, June 21, 2010

More Blog Posts from Howard Law, PC:
Be Careful If You Are Using a Turkey Fryer This Thanksgiving, California Injury Lawyers Blog, November 17, 2011

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

California Products Liability: WATCH Warns Against "10 Most Worst Toys" of 2011, California Injury Lawyers Blog, December 21, 2011

Continue reading "Wal-Mart Recalls Enfamil Newborn Baby Formula Following Infant's Death" »

With the holiday shopping season in full swing, our Orange County, California products liability lawyers want to remind parents and other gift buyers that not all toys are safe. As a matter of fact, some toys are dangerous enough that they can cause serious injuries.

To help you figure what types of toys to stay away from, World Against Toys Causing Harm, Inc. puts out a "10 Worst Toys" List each year.

WATCH's "10 Worst Toys for 2011:
1. "Gigan" Godzilla Figure: The warning label says that this toy is a potential choking hazard. What you should also know is that this Godzilla-like toy, with its pointed, sharp attachments and protrusions, also may cause puncture wound and impact injuries.
2. The Incredible Shrinky Dinks Maker: Requiring electricity, this toy oven may cause electrical shock if a child submerges it in water or changes the light bulb without pulling the plug first
3. Sword Fighting Jack Sparrow: Not only is this action figure a potential choking hazard for young kids, but the pirate's sword, which is activated by a lever that pushes Sparrow's arm up and down, may cause impact injuries, including eye injuries.
4. Stepper "Low Rise" Stilts: This toy comes with no warnings but kids can sustain head and other impact injuries in the event of a fall accident.
5. Z-Curve Bow: This bow and arrow set could cause eye injuries if one of the arrows hits a face.
6. School Bus (by Schylling): Removable rubber tires pose a potential choking hazard to young kids.
7. Pulling Animal Duck: This wooden duck comes with a 33" long cord that can pose a strangulation hazard.
8. Fold & Go Trampoline: Available in toy aisles designated for kids as young as 3, this toy has the potential to cause serious bodily injuries, including head injuries and neck injuries.
9. Power Rangers Samurai Blade: The "sword," which can stretch to two feet, may cause impact injuries.
10. Twist 'n Sort: Small wood blocks and detachable wooden pegs are choking hazards

"Just because a toy is for sale in stores doesn't mean that it is free of dangerous defects," says Howard Law, PC partner and Orange County, California toy defect attorney Vincent Howard. "It is important to hold toymakers, sellers, and distributors liable for product-related injuries sustained by your child."

California's strict liability standard means that even if the designer, seller, distributor, or manufacturer didn't do anything wrong, they can still be held liable for a product defect that existed even before the item was released into the market if that defect caused the personal injuries. Types of defects include manufacturing defects, design defects, and "failure to warn."

World Against Toys Causing Harm

Consumer Product Safety Commission

Safe Kids USA

Continue reading "California Products Liability: WATCH Warns Against "10 Most Worst Toys" of 2011 " »

The California Department of Public Health has ordered two Orange County assisted living facilities to pay fines over patient deaths involving "inadequate nursing care." Newport Nursing and Rehabilitation Center is to pay $100,000 over a fatal fall accident that took place in a bathroom, while Emeritus at Yorba Linda has to pay $90,000 following a deadly choking accident. There may be a possibility that the families of both residents may be entitled to Orange County, California nursing home neglect and abuse, as well as wrongful death damages.

At the Newport Beach nursing home, a female patient who needed assistance to use the toilet was left unsupervised. She was found facedown and without a pulse in the bathroom. The coroner determined her cause of death as spinal fracture caused by a fall. Since the Orange County, California fall accident, Newport Nursing says staff has received more training.

At the Yorba Linda nursing home, a female patient died after a nursing assistant forgot to give the resident her dentures so she could eat lunch. The patient, who had problems swallowing and chewing, was supposed to be given chopped meat. The woman was taken to the hospital after she was found blue in front of a ham sandwich that was partially eaten.

At the hospital, a large piece of meat was removed from her throat. Less than a week later, she died from respiratory and cardiac arrest related to choking.Emeritus said nurses now have to verify that each patient is being given the proper meal.

Falls and choking accidents are not uncommon at assisted living facilities. Many nursing home patients have injuries, illnesses, or other conditions that make them a known fall accident risk and it is the responsibility of staff to enact a care plan that minimizes the chances of any type of fall. This includes assisting residents who cannot walk or stand without supervision, providing wheelchairs, walkers, and crutches, helping transfer patients to and from beds, installing handrails along walls, and other measures. Proper supervision is essential.

As for choking accidents, some patients cannot chew or swallow without help. It is essential that they be given foods that they can eat, which may include food items that are liquefied or chopped up into small enough pieces so that a patient doesn't choke and die from a meal.

Orange County, California nursing homes know that such preventive measures need to be in place so there is no reason why a patient should die because the appropriate steps weren't taken.

"It is unacceptable for a nursing home resident to die because nursing home staff failed to give them the care that they needed," said Howard Law, PC partner and Newport Beach nursing home neglect and abuse lawyer Vincent Howard. "Patients are at assisted living facilities to get the care that they need, not to fall victim to an accident caused by negligence."

2 O.C. nursing homes fined in patient deaths, OC Register, December 20, 2011

More Blog Posts:
California Nursing Home Fall Leads to $75K Fine by State, California Injury Lawyers Blog, October 31, 2011

$1.3M Los Angeles County Nursing Home Abuse Judgment Awarded to Elderly Patient Injured in Fall Accidents, California Injury Lawyers Blog, September 27, 2011

Los Angeles County, California Nursing Home Death Leads to $75,000 Fine, California Injury Lawyers Blog, August 31, 2011

Continue reading "Orange County, California Nursing Home Negligence?: Newport Beach and Yorba Linda Facilities Fined Over Patient Deaths" »

At Howard Law, PC, we understand the devastation that comes with seeing your child's future irrevocably altered before his/her life has even started. It can be hard to grasp that Orange County, California birthing errors made either before, during, or immediately after delivery caused your son/daughter serious and debilitating injuries.

Examples of medical mistakes that could be grounds for an Anaheim birthing malpractice case should serious injury or death result:
• Not monitoring the baby's vitals
• Inadequate prenatal care
• Not testing for fetal abnormalities
• Waiting too long to perform a C-section
• Delivering the baby sooner than necessary for no medical reason
• Anesthesia mistakes
• Failure to identify when the baby is in fetal distress
• Failure to properly monitor the mother's vitals
• Poor post-delivery care

Birthing negligence can cause:
• Wrongful death
• Brain injury
• Vacuum injuries
• Hypoxia
• Forceps-related injuries
• Developmental problems
• Hypoxia
• Cerebral palsy
• Shoulder dystocia
• Erb's palsy

Mothers who are injured as a result of medical negligence may also have grounds for an Orange County, California birthing malpractice case.

"For some families, an injury to a child during birth is not just the end of a dream but it changes the course of all of their lives," said Anaheim medical malpractice attorney Vincent Howard. "The emotional, financial, and physical toll that a birth defect can have on a child and his loved ones is irrationally high."

Fortunately, the legal system allows parents to sue for damages, which can help alleviate the cost of full-time nursing care and any other medical services that a child with a severe birth defect may need for life. (In certain instances, at least one parent may have to stop working in order to care for the son or daughter and families are left wondering what could have been if only a surgeon, obstetrician, anesthesiologist, or nurse hadn't made a medical mistake that should have been prevented.)

"No amount of money can make up for what happened to you and your family, but it can provide some financial relief," said Anaheim birthing malpractice lawyer Vincent Howard. "It can also allow you to hold the responsible parties accountable for the harm that has been suffered.

Earlier this year, a jury awarded one couple on the East Coast $58 million because delays in performing a C-section left their son brain damaged and suffering from cerebral palsy. The parents also contend that when the doctor did finally perform the procedure, two days too late, incisions were made in the wrong area.

The boy, now 8, cannot talk or walk. The money will pay for his care for life.

$58 Million Awarded To Connecticut Couple In Delayed C-Section Case, CBS New York, May 26, 2011

Birth Injuries and Cerebral Palsy, Nolo

Is 'Wrongful Birth' Malpractice?, CBS News, February 11, 2009

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

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

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

Continue reading "Birth Injuries Can Be Grounds for an Orange County, California Medical Malpractice Case" »

According to the National Highway Traffic Safety Administration, there were 2,715 California motor vehicle traffic deaths last year, which is 375 fatalities less than in 2009. These figures are in line with the overall decrease in motor vehicle deaths experienced nationwide. Per the NHTSA's Fatality Analysis Reporting System, there were 32,885 US traffic fatalities in 2010--the lowest number since 1949 when there were 30,246 deaths.

"Obviously, a decline in motor vehicle fatalities is good news any day of the year, but any death that happens on a California road is one too many," said Anaheim Personal Injury Attorney Vincent Howard. "We at Howard Law, PC, hope this decrease continues."

Safety officials are likely hoping for the same, as law enforcement agencies step up their efforts during this holiday season to crack down on drunk driving. This week, US Transportation Secretary Ray LaHood announced the country's 'Drive Sober Or Get Pulled Over' campaign. While 2010 data reported a decline in drunk driving fatalities last year--there were 791 California alcohol-impaired driving deaths (down from the 924 fatalities in 2009) and nationally, there were 20,228 alcohol-impaired driving fatalities in 2010 (down from the 10,759 deaths in 2009)--alcohol is still a factor in one out of every three traffic deaths in the US. In Los Angeles County alone, during last year's holiday season, 276 people were arrested for possible drunk driving and 197 were arrested for driving under the influence.

In Orange County, Los Angeles County, San Bernardino County, and Riverside County, California, our Huntington Beach motor vehicle crash lawyers are familiar with the devastation that being involved in an accident can cause for those involved and the emotional, financial, and physical toll this can take. We help victims and their families recover compensation for the harm they have suffered.

Other 2010 FARS Traffic Safety Facts:
• 22,187 passenger vehicle deaths
• 529 large truck fatalities
• 4,502 motorcycle deaths
• 4,280 pedestrian deaths
• 618 pedalcyclist fatalities

Except for large truck deaths, which were 30 more than in 2009, and pedestrian fatalities, at 171 more in 2010 than during the year before, the other types of motor vehicle deaths all dropped in numbers. It is important, however, to note that the total number of those injured in US motor vehicle crash injuries went up slightly, with 2.24 million traffic injuries in 2010 (up from 2.2 million in 2009.)

2010 Motor Vehicle Crash Overview, FARS, NHTSA, US Department of Transportation (PDF)

State motor vehicle fatalities, 2010, FARS, NHTSA, US Department of Transportation (PDF)

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

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

Deadly Air Bag Defect Prompts Honda To Recall Another 273,000 Autos,
California Injury Lawyers Blog, November 30, 2011

Continue reading "NHTSA Reports 2,715 California Traffic Fatalities in 2010" »

The Food and Drug Administration has issued a warning to the marketing firm 1-800-GET-THIN and eight surgical centers that advertisements for the Lap-Band are misleading. The surgical device is used to treat obesity by limiting how much food a person can eat. Lap-Band is made by Allergan, which is based in Irvine.

According to the FDA, the 1-800-GET-THIN ads don't include mandatory information about all the possible side effects and risks that can come with using the Lap-Band. Certain precautions, contraindications, and other warnings are also not provided. The federal agency is worried that on the ad inserts, the font size of the information that talks about the risks is not big enough that consumers will see it.

Products Liability
Improper marketing that results in someone sustaining serious injury can be grounds for an Orange County, California products liability lawsuit. Examples of marketing defects:

• Failure to warn of dangers, risks, or side effects
• Inadequate warning
• Improper labeling
• Marketing to the wrong group (For example, promoting a product to kids when it should only be used by adults.)

1-800-GET-THIN LLC offers information sessions and consultations about Lap-Band surgeries. Of the surgical centers that received the FDA warning, a number of them are in Los Angeles County: Beverly Hills Surgery Center, Valley Surgical Center, Palmdale Ambulatory Center, Cosmopolitan Plastic & Reconstructive Surgery, and Cosmopolitan Plastic & Reconstructive Surgery.

The FDA says that unless the ads are revised to address its concerns, the government agency may seize the Lap-Band or impose fines. The companies that received the FDA warning have 15 business days to present their plans for how they intend to change the ads.

"It is irresponsible to incorrectly market any product by failing to warn about the risks involved," said Howard Law, PC partner and Anaheim products liability attorney Vincent Howard. "You may be able to hold the responsible parties liable for the harm you or your loved one suffered."

Lap-Band Surgery
Considered by some to be a safer alternative to gastric bypass, Lap-Band surgery is a surgical alternative to weight loss that can be used for medical reasons or cosmetic purposes. The procedure involves using the band to section the stomach into parts. This allows food to go to the smaller sectioned off area, which will limit how much the person can take in. This usually leads to substantial weight loss. Unfortunately, injuries and deaths have occurred, and plaintiffs have come forward to file Orange County, California medical malpractice and wrongful death claims. Howard Law, PC has reported on a few of these cases and injury incidents, which you can read on our California Injury Lawyers Blog.

FDA Targets Gastric Band Weight-Loss Claims, Food and Drug Administration

Feds warn that 1-800-Get-Thin ads mislead, OC Register, December 13, 2011

FDA Warns Centers for Misleading Lap-Band Ads, ABC News/AP, December 13, 2011

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

Family of Lawndale Woman to Pursue Los Angeles Surgery Malpractice Action Over Her California Wrongful Death from Lap-Band Surgery, California Injury Lawyers Blog, April 27, 2011

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

Continue reading "California Products Liability?: FDA Warns that Lap-Band Ads are Misleading" »

The National Transportation Safety Board is recommending that every state ban drivers from using cell phones and other electronic devices unless there is an emergency. The recommendation comes following the board's finding that a deadly Missouri multi-vehicle pileup last year that killed 2 teenagers and injured 38 others involved a motorist who sent or received 11 texts in an 11-minute time span.

Although the NTSB cannot make the states adopt regulations, lawmakers do seriously consider its recommendations. The board's recommendations come less than a week after the National Highway Traffic Safety Administration released its findings from its national survey on distracted driving. In California, except for school bus drivers and drivers under 18, other motorists are allowed to talk on cell phones as long as they aren't holding the device in their hands. Statewide, no one is allowed to text while driving. Unfortunately, this doesn't mean that there aren't motorists that continue to talk on handheld devices or that they have stopped texting. At Howard Law, PC, our Anaheim car accident lawyers are familiar with the devastation that distracted driving can create in the lives of victims and their families.

According to a government phone survey released last week by the National Highway Traffic Safety Administration:

• Most drivers don't think it's dangerous for them to text and drive--although they don't think its safe when other drivers are the ones texting.
• Approximately 50% of US drivers in the 21-24 age group admit to having texted or emailed while driving
• At any moment, nearly 1 out of 100 motorists can be found emailing, texting, or doing something else with a handheld device while operating a motor vehicle at the same time. The frequency of these distracted driving activities have gone up 50% more than in 2009
• Most drivers don't see a problem with answering the phone while driving
• Over half of the motorists surveyed said they don't think making a phone call affects their driving performance
• A quarter of them had the same opinion regarding how emailing or doesn't affect their driving
• 90% don't feel safe if they are riding in a vehicle where the driver is emailing or text messaging

6,002 respondents in the 18 and over age group participated in the NHTSA's survey.

The NHTSA says there were 3,092 US distracted driving deaths in 2010. Currently, there are 35 states that have a statewide ban on texting.

"Unfortunately, most people still don't fully comprehend that seemingly harmless behavior, such as making a phone call or sending a text message, is dangerous conduct when done in conjunction with operating a motor vehicle," said Howard Law, PC partner and Orange County, California personal injury lawyer Vincent Howard. "It can take just a few seconds, while one's attention is focused on a PDA or a phone, for a devastating crash to occur."

NTSB recommends full ban on use of cell phones while driving, CNN, December 13, 2011

National Distracted Driving Telephone Survey Finds Most Drivers Answer the Call, Hold the Phone, and Continue to Drive, NHTSA, December 2011

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

Huntington Beach Car Crash Lawsuit: Driver Rear-Ended in Accident That Killed Baby in Crosswalk Sues Distracted Driver, California Injury Lawyers Blog, September 29, 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 30, 2010

Continue reading "NTSB Wants All States to Ban Cell Phone Driving" »

The state's Department of Public Health has fined two Orange County hospitals over medical mistakes that led to the death of one patient and a second surgery for another. St. Jude Medical Center in Fullerton and Mission Hospital in Mission Viejo are one of 14 California hospitals ordered to pay fines for life-threatening medical errors.

The Fullerton hospital was fined $75,000 because a nurse in training administered too much morphine to a patient, who then died. The Orange County, California medical mistake reportedly took place in 2009. The nurse, who was undergoing orientation at the time, reportedly did not understand a statement made by a doctor and mistakenly upped the patient's morphine dosage by tenfold. The nurse failed to verify the dose change with a second nurse, even though this is mandated by the hospital. Within hours the patient was dead from "acute morphine intoxication."

Meantime, Mission hospital has been ordered to pay $100,000 for a surgical mistake that left one patient with a metal screw cap in her body. The 71-year-old woman underwent the original procedure to have a metal implant inserted. During the back surgery, a metal screw cap, which should have been taken out, was left inside her. She had to undergo a second procedure to get it removed.

Inspectors believe that staff disregarded the Orange County, California hospital's policy for making sure that all surgical items are accounted for following a surgical procedure to make sure that no foreign objects are mistakenly left inside a patient's body. Since the incident, the Mission Viejo hospital has added implant screw caps to its surgical tray count and now mandates that an X-ray be conducted to check on all implant hardware prior to letting the patient leave the operating room.

"Hospitals and medical staff cannot afford to make any mistakes because the repercussions for a patient can prove fatal," said Anaheim medical malpractice attorney Vincent Howard of Howard Law, PC." "In addition to any actions imposed by the state, you too may be able to hold the negligent parties accountable by filing a civil claim."

In total, the California Department of Public Health fined the 14 hospitals $850,000. Medical errors committed by the other hospitals included (California HealthLine.org):

• Antibiotic overdose
• Leaving gauze inside a patient during a hysterectomy
• Administering vaccine that was improperly refrigerated to thousands of patients over a nearly three year period
• Failing to give an infant medication
• Conducting a partial, instead of a total, mastectomy on a patient
• An infant kidnapping by someone pretending to be a nurse
• Leaving a pin inside a patient's neck during spinal surgery
• Leaving a surgical sponge inside a patient
• Attempting to operate on the wrong eye
• Leaving a surgical towel inside a patient's abdomen

State fines two O.C. hospitals for medical errors, OC Register, December 8, 2011

Public Health Department Fines 14 Hospitals for Patient Safety Errors, California Healthline, December 9, 2011

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

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

Orange County, California Sex Abuse: Another Patient Accuses Anesthesiologist at Placentia-Linda Hospital, California Injury Lawyers Blog, October 26, 2011

Continue reading "Fullerton and Mission Viejo Hospitals Fined For Morphine Overdose and Surgical Error " »

A woman who works for Cal State Long Beach died yesterday when the elevator she was in malfunctioned, trapping her between two floors. As 48-year-old Annette Lujan tried to get out, the elevator, which weighs over 2000 pounds, moved, crushing her. The 48-year-old Huntington Beach woman was pronounced dead at the Los Angeles County injury accident site.Lujan was employed in the University Office of Research for Grants and Contracts.

Elevator Accidents
Elevator accidents can cause serious injuries, which is why an elevator should be properly maintained and free from any defects that might cause it to get stuck in between floors, suddenly and rapidly descend without warning, or have its doors open at the wrong moment.

Elevator entrapment can lead to asphyxiation, emotional trauma, and panic attacks. If your elevator suddenly goes into freefall, you may sustain physical injuries from the impact of landing. Walking into an open shaft that doesn't have an elevator to step into can be a traumatic and excruciating experience if one is lucky enough to survive.

Common causes of elevator accidents include:
• Mechanical malfunction
• Improper leveling that prevents the elevator from properly lining up with the floor
• Faulty wiring, which can cause accidental electrocution
• Wet floors that can lead to a Los Angeles slip and fall accident
• Inadequate repairs
• Failure to have the elevator undergo routine inspections and/or maintenance
• An elevator door defect
• Rider carelessness

The building owner where a defective elevator is located, the elevator manufacturer, or the maintenance company responsible for inspecting and keeping an elevator working are some of the parties that could be held liable for Los Angeles premises liability, personal injury, or product liability. An experienced Long Beach injury law firm can help you figure out what happened.

Also, if your elevator accident was work-related, you could be entitled to both California workers' compensation from your insurer and Los Angeles injury recovery from other responsible parties. If it was your loved one that was killed in the work accident, you may be entitled to wrongful death recovery and death benefits from the employer.

Elevator accidents kill about 27 people a year, while about 10,000 others are injured. Please call our Los Angeles personal injury law firm. Howard Law, PC would like to offer you a free consultation. Filing a Los Angeles wrongful death claim won't bring your loved one back but it can help you hold the responsible party liable while providing you with some financial relief.

Cal State Long Beach worker killed climbing from stuck elevator, Los Angeles Times, December 7, 2011

Woman dies in Calif. elevator accident, MSNBC, December 7, 2011

More Blog Posts:
Los Angeles Wrongful Death Claim Blames Metro for Man's Fatal Stabbing, California Injury Lawyers Blog, October 13, 2011

Newport Beach and Costa Mesa Authorities Investigate Orange County, California Death of Woman Struck in Her Car by Fallen Eucalyptus Tree, California Injury Lawyers Blog, September 20, 2011

Mentally Ill Homeless Man Beaten by Fullerton Police Died from Asphyxia, Reports Coroner, California Injury Lawyers Blog, September 21, 2011

Continue reading "Cal State Long Beach Employee Dies in Los Angeles, California Elevator Accident" »

Marnie J. Lippincott has been arrested in the Newport Beach motor vehicle accident that left a teenager with critical injuries. Lippincott, a Costa Mesa woman, is facing charges of DUI and causing injury.

The victim, 17-year-old Crystal Morales, is a high school senior. She is receiving treatment at a Santa Ana hospital where, according to the Daily Pilot, she has been placed in an induced coma. Morales also has been suffering from internal bleeding, brain swelling, head trauma, and other internal injuries.

The Orange County, California pedestrian accident took place on Irvine Avenue as Morales was walking in a crosswalk at Margaret Avenue. Other pedestrian accidents have occurred at this crosswalk.

According to the Newport-Mesa Unified School District, school officials have been working with the city of Newport Beach to improve crosswalk safety. A lot of students reportedly cross Irvine Avenue to retrieve their parked cars.

Orange County, California Pedestrian Accidents
Per statistics, between 2000 and 2009 over 47,700 people have been killed and more than 688,000 others were injured in US pedestrian accidents. Are state and federal traffic safety officials doing enough to make sure that crosswalks, sidewalks, and other areas that are designated for pedestrians are safe?

Unfortunately, some accidents do occur because a road was designed in a way that proved more dangerous than safe. In such instances, an injured pedestrian and/or his family may have grounds for an Orange County, California personal injury claim or wrongful death case against the entity or entities involved. Other common causes of pedestrian accidents include pedestrian error, distracted driving, speeding, running a red light, failure to stop in time, failure to obey traffic signs, poor visibility due to weather or road conditions, drunk driving, drugged driving, and other forms of driver negligence.

You want to work with a Newport Beach personal injury law firm that is experienced in handling Orange County, California pedestrian accident cases.

Pedestrian injuries can be incredibly debilitating and potentially life-altering. Broken bones, traumatic brain injury, head trauma, spinal cord injury, fractures, disfigurement, internal injuries, emotional trauma, and mental anguish are just some of the serious injuries that can occur.

Remember that California is a pure comparative fault state. This means that even if the injured party played a role in causing his/her injuries, the victim still may be entitled to a partial recovery of any damages awarded according to the percentage of blame allotted to any other parties. There may be more than one party that should be held liable.

Student hit in crosswalk remains in critical condition, Daily Pilot, December 7, 2011

Driver suspected of hitting teen held on $100,000 bail, OC Register, December 7, 2011

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

Huntington Beach Car Crash Lawsuit: Driver Rear-Ended in Accident That Killed Baby in Crosswalk Sues Distracted Driver, California Injury Lawyers Blog, September 29, 2011

Los Angeles Car Accident: Lawsuit Blames the County, the City of Santa Clarita Over Woman's Wrongful Death While Watching July 4 Fireworks, California Injury Lawyers Blog, June 24, 2011

Continue reading "Costa Mesa Woman Arrested in Newport Beach Pedestrian Accident May Have Been Intoxicated " »