California Injury Lawyers Blog

Mark Berndt has been arrested and charged with abusing 23 school kids. The 61-year-old teacher had been an instructor at Miramonte Elementary School for three decades. He was fired last year. Berndt's arrest comes following an almost one-year probe by authorities in Los Angeles County. He is now being held on $2.3M bail.

The lewd acts allegedly took place in the classroom during school hours between '08 and '10 and involved at least 23 girls and boys, ages 7 through 10. Photos turned over by a film processor allegedly show kids blindfolded, gagged, and/or bound. Some have Madagascar cockroaches on them. Female students were allegedly pictured with a spoon containing a white substance close to their mouths that Berndt is accused of having them swallow.

He allegedly told the kids were playing a game. Investigators say there are over 400 images of the kids being abused.

According to Los Angeles County Sheriff's Department's Capt. Mike Parker, in Berndt's classroom, detectives found a blue spoon, which they tested and confirmed to have carried semen. The police captain says that the DNA on the spoon matches Berndt's DNA.

Los Angeles schools Supt. John Deasy said the school district was told of the allegations of Berndt on January 7, 2011 and he was taken out of the classroom that day. He expressed outrage at Berndt. When questioned about how the lewd acts could occur at the school, Deasy said the district trusted its teachers to "do what is right."

Los Angeles Injuries to a Minor
Even if the kids did not sustain physical injuries during the alleged lewd acts that Berndt is accused of committing, child abuse and sex abuse are serious offenses that can cause serious and emotional injuries. Abusive acts are a violation of the person who is the victim.

"Some of the worst harm suffered by children are crimes resulting in invisible injuries with consequences that end up reverberating throughout their lives," said Howard Law PC partner and Los Angeles Personal Injury Attorney Vincent Howard.

Questions will likely continue to be raised as to how these alleged incidents of Los Angeles child abuse was allowed to happen in the classroom during school hours for at least three years (if not longer). Schools can be held liable for Los Angeles personal injury if their negligence caused or allowed a student to get hurt in an accident or become the victim of a crime.

"The sooner you talk to a LA injury law firm, the better so that you can start pursuing the best legal options available to you, "said Anaheim injuries to a minor attorney Vincent Howard.

Deasy: Teacher accused of abuse removed from class immediately, Los Angeles Times, January 31, 2012

Teacher charged with lewd acts in child bondage photos case, OC Register, January 31, 2012

More Blog Posts:
California Supreme Court Considers Whether to Allow Adult Victims of Child Sex Abuse to Sue Third Parties that Knew But Failed to Act, California Injury Lawyers Blog, January 5, 2012

Talent Manager Accused of Los Angeles Child Sex Abuse, California Injury Lawyers Blog, November 29, 2011

Riverside County Sex Abuse Lawsuit Filed Against Desert Sands Unified School District, California Injury Lawyers Blog, October 30, 2011

Continue reading "Los Angeles Child Abuse: Miramonte Elementary School Teacher Charged with Lewd Acts on 23 Kids" »

Rose Herrera is seeking Huntington Beach personal injury damages from the city. The 56-year-old woman says she was injured in an Orange County, California trip and fall accident on July 25, 2011.

According to Herrera, she was walking on Flamingo Circle, which is the street where she lives, when she fell on an area of the sidewalk that had been raised by tree roots. She landed on her right arm and knee, fracturing her wrist in the process. Herrera says she needed to two surgeries and has not been able to work since she got hurt.

Trip and Fall Accidents
Huntington Beach trip and fall, slip and fall, and step and fall accidents can cause painful, debilitating injuries. A person may land on his/her back, head, or face, sustaining back injuries, facial injuries, broken bones, bruises and cuts, spinal cord injury, traumatic brain injury, and even death. The injured person may have to undergo surgeries, take time off from work, hire a physical therapist, go on follow-up visits with a physician, and take pain medications. His/her life and routine as well as the lives and schedules of families may become disrupted as a result.

"While a 'trip and fall' accident may sound harmless enough, often the injuries can be very debilitating, even disabling," said Howard Law, PC Partner and Anaheim Premises Liability Attorney Vincent Howard. "Recovery can take anywhere from a few days, to a few weeks, to months, or even longer and some injuries may be permanent--not to mention the health complications that can arise."

Common causes of trip and fall accidents (depending on where the accident happened and the nature of the surface and (if) any obstructing objects involved):

• Uneven pavements
• Poor lighting
• Uneven flooring or carpeting
• Cables or electrical cords on the ground
• Objects or debris on the floor

"You want to make sure you factor into account all the costs and losses and damages that can arise--even those that are not directly caused by the Orange County, California trip and fall accident but are a result of the incident nonetheless," said Huntington Beach Personal Injury Attorney Vincent Howard.

If hazardous conditions caused you to trip an fall, you may have grounds for an Orange County, California premises liability claim or lawsuit against the property owner. Premise owners can be held liable if the injury takes place due to an unsafe condition that he/she knew or should have known existed. To prove liability, the injured party must show that the premise owner caused the hazardous condition by creating it or failing to remedy it, knew about the condition yet didn't try to eliminate or repair it or make it more safe, or should have known about it and taken actions that any reasonable person under those circumstances would have done to fix the problem.

Woman wants at least $75,000 after fall in H.B., OC Register, January 30, 2012

City of Huntington Beach

Proving Fault in Accidents on Dangerous or Defective Property, Nolo

More Blog Posts:
Irvine Trip and Fall Accident Claim Seeks At Least $1M Over Injuries from Uneven Sidewalk, California Injury Lawyers Blog, July 11, 2011

Huntington Beach Trip and Fall Accident Has Couple Suing the City for $500,000, California Injury Lawyers Blog, April 21, 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

Continue reading "Woman Files $75K Huntington Beach Trip and Fall Accident Claim Over Injuries Caused on Raised Sidewalk " »

Christos and Lesli Catsouras have settled their Orange County personal injury case with the California Highway Patrol. The Catsouras had sought damages for emotional pain and suffering after car accident photos of their daughter Nicole Catsouras were leaked online. The images, which included shots of Nikki's disfigured remains, became accessible on hundreds of Web sites.

The 18-year-old was nearly decapitated after crashing her dad's Porsche 911 Carrera into a concrete tollbooth on State Route 241 close to Lake Forest on October 31, 2006 while driving at 100 mph. She died instantly.

Not long after her death, her family, who weren't allowed to see Nikki after her death because her body was so badly damaged, began receiving anonymous text messages and e-mails containing pictures from the Orange County, California car accident site, including photos of Nikki's body. The images also started to show up online, including on a bogus MySpace page that at first appeared to be a tribute page but in fact was not. The family says that there was even a time when the photographs could be found on 1,600 Web sites in 50 nations.

The photos had been taken by CHP officers and then e-mailed outside the department. The release of the accident pictures to the public was reportedly not intentional. The family, however, have said that their grief was compounded by the ongoing nightmare of knowing they could pull up the grisly photos of Nikki on the Internet at anytime. They decided to sue the CHP for damages, seeking $20 million. Although many of the pictures have been removed from the Internet, there are some that are still available.

The CHP has taken responsibility for the photo leaks and said that two dispatchers, who didn't realize their conduct was wrong, sent the images to family and friends that Halloween. One dispatcher, Thomas O'Donnell, has been released from the lawsuit. The other dispatcher, Aaron Reich, has filed for bankruptcy. Although O'Donnell was reprimanded, he still has his job. Reich resigned for what he said were unrelated reasons.

A judge had dismissed the family's Orange County, California personal injury complaint in 2008. Later however, an appellate justice panel found it to have merit after a state law was rewritten granting surviving family members' privacy rights as they relate to images of the decedent in certain situations.

"Losing a loved one is hard enough without having anyone compound your pain and suffering further, said Howard Law PC founder and Anaheim Personal Injury Attorney Vincent Howard. "Even if that party didn't directly cause the death, he/she/the entity could be held liable for other acts of negligence."

It can take years, even a lifetime, to heal from the unexpected and tragic loss of a loved one. In addition to the sadness, anger, or loneliness you may feel, there also may be regrets, questions left unanswered, and the void left behind that can never be filled. If you were the one who was injured, there is your pain and suffering to take into account.

"We know that injuries can also be emotional or mental and they can prove just as damaging (if not more so) than physical injuries in their own way," said Orange County, California Personal Injury Attorney Vincent Howard.

Catsouras family settles lawsuit over grisly crash images, OC Register, January 30, 2012

Nikki Catsouras Crime Scene Photos Haunt Deceased Teen's Family, Discovery, May 5, 2009

Family's Nightmare: Daughter's Accident Photos Go Viral, ABC News, July 1, 2008

More Blog Posts:
Another Two Inmates Sentenced for Fatally Beating Inmate at an Orange County, California Jail, California Injury Lawyers Blog, January 27, 2012

Lindsay Lohan Sued for Los Angeles Personal Injury by Pedestrian, California Injury Lawyers Blog, January 25, 2012

Rep. Gabrielle Giffords Resigns from Congress to Focus on Recovery from Traumatic Brain Injury, California Injury Lawyers Blog, January 24, 2012

Continue reading "Ladera Ranch Family Settles Orange County, California Personal Injury Lawsuit with CHP Over Daughter's Car Accident Photos that Went Viral Online" »

Tustin resident Jared Louis Petrovich and Anaheim resident Garret Eugene Aguilar have each been sentenced sentenced to 15 years to life behind bars for the second-degree murder of fellow inmate John Chamberlain. The 41-year-old Mission Viejo software engineer was being detained at Theo Lacy Jail in Orange County, California after being charge with the misdemeanor crime of possession of child pornography when a number of inmates beat, kicked, and punched him to death on October 5, 2006. By the time deputies were notified that Chamberlain was in trouble, he had already lost consciousness and his assailants had cleaned themselves off.

Petrovich has admitted that he was the one who told the others that Chamberlain was a child molester--even though the latter was never charged with committing such crimes. Petrovich, his white prison gang, and a Latino gang were involved in the fatal assault. Each gang is accused of offering 10 commissary items to each prison inmate who took part in Chamberlain's beating.

A few other inmates have also received lengthy sentences for convictions over his death and another two are awaiting their sentences. At least other three inmates pleaded guilty to voluntary manslaughter.

"Even if you've been charged or convicted for a crime, you are entitled to certain rights and protections while in police custody or behind bars," said Howard Law, PC and Anaheim personal injury lawyer Vincent Howard.

The assault on Chamberlain was severe enough to damage all of his organs. The beating took place less than 70 feet from where a County sheriff's deputy was watching TV. There have even been questions raised over whether deputies played a part in allowing the inmates to beat Chamberlain.

In the days leading up to his death, Chamberlain had asked that he be transferred out of the jail ward because other inmates had threatened him. An investigation showed that after he was beaten, a deputy updated the log to show that he had offered to transfer Chamberlain but that he had refused. Deputies have since been accused of using excessive force on inmates. There is even footage of Tasers being used on inmates.

"If you or someone you love was the victim of excessive use of police force, it doesn't matter whether or not the use of force was intentionally intended to cause harm, your rights have been violated." said Anaheim police brutality attorney Vincent Howard.

In 2008, Orange County settled the California wrongful death lawsuit filed by Chamberlain's family for $600,000.

Prison for Stomping Mission Viejo Man Dead, Mission Viejo Patch, February 27, 2012

County pays $600,000 in jail killing, OC Register, February 7, 2008

More Blog Posts:
Pomona Wrongful Death Claim Seeks Damages Police Brutality Damages, California Injury Lawyers Blog, October 31, 2011

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

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

Continue reading "Another Two Inmates Sentenced for Fatally Beating Inmate at an Orange County, California Jail " »

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Delirium treatment and management, Medscape

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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