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" »

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" »

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 Military Jet " »

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 " »

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" »

Police have arrested Martin Weiss, a Hollywood talent manager, for allegedly sexually abusing one of his clients. Weiss represents young actors. His apprehension was on suspicion of committing lewd acts upon a child under age 14.

The alleged victim, who is now 18 and an aspiring musician and singer, says that Weiss sexually assaulted him 30-40 times over a 3-year period until he turned 15. He claims that Weiss said that this type of relationship was common in the entertainment industry.

Per an affidavit about the Los Angeles sex abuse allegations, Weiss admits to having had sexual contact with the alleged victim, but he claims that the boy was not a reluctant participant.

Weiss' talent firm is called Martin Weiss Management. It is not known at this time whether there are other alleged victims.

Sex Abuse
The issue of child sex abuse has been in the headlines a lot lately. Jerry Sandusky, a former Penn State University Assistant Coach, is charged with 40 criminal counts related to the sex abuse of a number of boys. He maintains that he is innocent.

One alleged victim has already filed a civil lawsuit seeking damages from Sandusky. Also named as a defendant is Penn State. The plaintiff, now 29, is alleging "institutional" concealment and failure. He says that Sandusky sexually abused him over a 100 times during the 1990's. Meantime, legendary Penn State head football coach Joe Paterno has been fired over the sex abuse scandal.

Also making national headlines is Bernie Fine, the associate head coach of Syracuse University's basketball team. At least three males have come forward claiming he molested them when they were younger. Fine has since been fired from Syracuse.

Sex Abuse
Sexual abuse causes serious and likely lifelong emotional injuries. Physical injuries may also result--especially if sexual assault or rape occurred. In many instances, sex abuse is committed by perpetrators that know the victims.

Victims may too be scared to report what happened right away or they may not understand what is happening. Some may even repress the memories, which can take years to resurface.

As the victim of child sex abuse, you (or your child) may be entitled to Los Angeles personal injury damages from the abuser and anyone that allowed the abuse to occur despite having a duty to protect. For instance, the sex abuse lawsuit against Sandusky is also seeking damages against Penn State University because the school didn't act to prevent/stop the alleged abuse from happening.

Manager of young actors arrested in molestation case, Los Angeles Times, December 1, 2011

First lawsuit filed against Sandusky in Penn State child sex scandal, CNN, November 30, 2011

Police to share Bernie Fine info with DA, ESPN, November 29, 2011

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

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

Santa Ana School District Seeks to Dismiss Orange County, California Personal Injury Lawsuit Alleging Special-Ed Student Was Molested by Teacher's Aide, California Injury Lawyers Blog, July 6, 2010

About 20 shoppers were pepper sprayed at a Los Angeles Wal-Mart on Thursday night. There were children among those that sustained minor injuries.

The alleged Los Angeles injury incident took place not long after store doors opened for the Black Friday sale. A crowd reportedly gathered as employees started to unwrap a crate of Xbox video game players and that is when the woman is accused of spraying the other shoppers.

While some people have speculated that she used pepper spray in order to disable them so that she could get the items she wanted, the LAPD has said there is a possibility that the woman acted in self-defense. They were, however, careful to note that even if this were the case this doesn't mean that her actions were "right."

Surveillance video and footage posted on YouTube are being examined, and more than a dozen witnesses have been interviewed about the events at the Wal-Mart that evening. LAPD Det. Mike Fesperman says there appears to have been a "mob mentality," and on the audio of some of the video that was recorded people can be heard complaining about being "trampled" and "crushed."

It is not known at this time whether criminal charges will be filed against the woman. A lot of this will depend on whether her intentions were to cause injury or if she acted to protect herself.

Black Friday has become a chaotic event for many stores, with hundreds of people lining up in advance as early as Thanksgiving Day in order to avail of the huge discounts offered. Some stores are even beginning their Black Friday events as early as Thursday night.

The owners of stores know that injuries can result with so many people charging into their buildings in an attempt to get at products on sale before they run out. It is these owners' responsibility to make sure there is a system in place to minimize the chance of Los Angeles personal injury or wrongful death during such events. This includes making sure displays are arranged in a safe manner so that falling merchandise doesn't end up striking shoppers, as well as providing adequate security to deter people from getting violent or committing robberies or other crimes.

In other Black Friday news involving Wal-Mart, a shopper was shot outside a Wal-Mart in San Leandro, California after he and his relatives tried to fend off two armed robbers. The victim is expected to recover from his injuries. Other injury incident reportedly occurred at several other Wal-Marts in other states. (It was just three years ago that a temporary Wal-Mart worker died in New York after shoppers trampled him.)

Stores can be held liable for Los Angeles premises liability if there are hazardous conditions on the property that could/should have been remedied.

Black Friday arrests, injuries irk shoppers at Walmart, USA Today, November 25, 2011

Wal-Mart pepper-spraying might have been self-defense, LAPD says, Los Angeles Times, November 28, 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

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

The Orange County, California wrongful death case filed by the family of Alyssa Squirrell against the city of Huntington Beach will go to trial in May 2012. Squirrell is the 11-year-old junior lifeguard who died after she sustained serious injuries during a training exercise on July 14, 2009.

Squirrell was in the water with about 25 other Junior Lifeguards when the city boat's propeller struck her. She sustained serious lacerations to her legs and hips.

Although no criminal charges were filed against Lt. Greg Crow, who was operating the boat that struck Squirrell, her family's Huntington Beach boating accident lawsuit accuses him of negligence. Her family also claims that city employees did not obey a number of rules at the time, including one mandating that the boat be operated safely, another requiring boaters to slow down when they are within 100 feet of swimmers, and a rule regarding the adequate number of flotation devices that need to be kept on a vessel.

The family's Huntington Beach wrongful death case was put on hold after the city's insurance company sought to have any liability capped at about $26,000, which is the boat's value. Lawyers for Navigator's insurance cited federal admiralty law in their petition. The family's Huntington Beach boating accident lawyer, however, argued that the law is not applicable to cases involving injuries caused by negligence. A federal court judge denied the insurer's request earlier this year.

Unfortunately, accidents involving boat propellers do happen. For the victim, the injuries can be severe and even fatal.

You want to work with an Orange County, California boating accident law firm that knows how to prove liability in these types of cases--whether you are seeking damages from negligent boat operator or the manufacturer of a boat that had a dangerous defect that caused it to malfunction.

Just recently, another woman filed her wrongful death case against those she believes caused her sister's death last August. Esther Fujimoto was swimming when a boat propeller hit her. The media is reporting that the boat operator and the two passengers may have been drinking alcohol and smoking pot. They allegedly fled accident scene without helping Fujimoto, whose torso and lower abdomen were torn up. In the civil lawsuit the defendants are accused of failing to keep a proper lookout, not exercising reasonable care, driving under the influence, operating the boat in a manner that was negligent and reckless, and not get Fujimoto the medical help that she needed.

Earlier this year, a jury awarded another woman $30 million for her California boating accident injuries. Niki Bell's head was injured by a boat propeller after she and another person were thrown in the water. 80% of the blame was placed on manufacturer MasterCraft Boat Co. for products liability over a design flaw that caused the boat to become partially submerged during a low speed turn. Boat operator Jerry Montz was found 20% liable. Evidence showed that he had been drinking when the incident happened.

Trial date set in junior lifeguard wrongful death suit, OC Register, November 28, 2011

Wrongful death suit filed against boaters in fatal Pineview accident, Deseret News, November 9, 2011

Jury awards $30 million to Chico woman for boat accident, Sacramento Bee, June 8, 2010

More Blog Posts:
11-Year-Old Orange County, California Junior Life Guard Dies in Huntington Beach Boating Accident, California Injury Lawyers Blog, July 15, 2009

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

Following reports of at least another 45 incidents involving infants involved in fall accidents when their Bumbo seats were placed on elevated surfaces, the Consumer Product Safety Commission is once again warning parents and guardians against ever using this product on a countertop, chair, table, or another surface that is above ground level. A recall issuing this same warning had been issued in 2007 and involved about 1 million Bumbo "Baby Sitter" Seats. CPSC and Bumbo International had noted that moving forward, a warning label cautioning against this specific hazard would be included with the child seats. Skull fractures, concussions, and at least one broken bone are among the injuries reported.

Babies in Bumbo seats are at risk of falling out whenever they lean forward or to the side, rock in any direction, or arch their backs. By placing this product on an elevated surface, this increases the risk of serious injuries. Our Anaheim brain injury lawyers represent children and adults who got hurt because of other parties' negligence. Please contact our Orange County, California personal injury law firm today.

The CPSC and Bumbo International also say they know of at least 50 other incidents involving babies falling or wiggling their way out of Bumbo seats that were at unknown heights or on the ground.

Babies and Head Injuries
A head injury can be dangerous for anyone--but especially for babies, whose scalps tend to be more delicate. While fortunately minor bumps and bruises can easily be alleviated with ice and loving tenderness, this doesn't mean that you shouldn't observe your child carefully for signs of a possibly more serious brain injury, such as a brain bleeding, a concussion, a skull fracture, or a traumatic brain injury.

Steps to take after your baby has struck his/her head:
• Observe your child closely over the next 24 hours and watch for any changes in behavior.
• Try not to let him/her sleep for at least an hour after the injury accident. Short naps are fine, but check on the baby frequently for changes in skin coloring or breathing or involuntary body twitches

These symptoms may be signs of a more serious head injury and you may want to seek medical help right away:
• Loss of consciousness
• Vomiting
• Confusion or disorientation
• Balance issues
• Incessant crying
• Severe headache
• Rolling or crossed eyes
• One pupil appearing larger than the other
• Vision problems

Contact our Anaheim personal injury law firm today. We represent children and adults in Los Angeles County, Riverside County, San Bernardino County, and Orange County, California. We also handle California products liability cases against the manufacturers of dangerous or defective consumer goods that caused severe injury or death.

Infants in Bumbo Baby Seats Falling from Elevated Surfaces and Suffering Serious Head Injuries, CPSC, November 22, 2011

Bumbo Baby Seats Recalled, CBS News, February 11, 2009

More Blog Posts:
Are SSRI Antidepressants Dangerous Drugs?: Their Link to Birth Defects, California Injury Lawyers Blog, August 19, 2011

Disneyland Sued For Allegedly Exposing Visitors to Lead, California Injury Lawyers Blog, October 18, 2011

Orange County, California Products Liability: CPSC and Nine Manufacturers Recall 2M Pourable Gel Fuel Units Following Burn Injuries and Deaths, California Injury Lawyers Blog, October 31, 2011

The family of 17-year-old girl is suing the Desert Sands Unified School District because one of its teachers allegedly sexually assaulted her twice. The Riverside County personal injury complaint blames the district for negligent supervision and hiring. Also named as defendants are ex- La Quinta High School teacher David Armenta, who is accused of the sexual abuse, and up to 100 unknown persons.

The girl's family believes that the district should have known about Armenta's allegedly inappropriate behavior. In their Riverside County sex abuse lawsuit, they say that from November 2010 through February 2011, Armenta paid the teenager "excessive attention" that included inappropriate comments, text messages, physical contact, and invitations to his residence. He also would call the girl in to the classroom where they would be alone for extended periods of time. Per the plaintiffs, other school staff noticed the teacher and student alone in the classroom but did not look into the matter.

The Riverside County injuries to a minor suit argues that the school district hadn't implemented any reasonable/appropriate safeguards to prevent the sexual assault of students by teachers from happening. Armenta, who was arrested eight months ago, has pleaded not guilty to the felony counts of unlawful sexual intercourse with a minor and oral copulation against a minor.

School districts can be held liable for sexual abuse, assault, and molestation crimes committed by its employees on students. Teachers hold a position of authority over their students and it is their responsibility to properly supervise them and not take advantage of that power.

Unfortunately, sexual abuse by teachers does happen. According to the U.S. Department of Education, 6-10% of public school kids have been sexually harassed or abused by teachers or school employees. Child sexual abuse and assault also has been known to take place at private schools. In 2007, the AP reported that between 2001 and 2005, 2,570 educators had their teaching credentials denied, sanctioned, surrendered, or revoked because of sexual misconduct allegations. In at least 1,801 of the alleged cases, young people were the victims (over 80% were students). Obviously, it is important to note that there are many teachers in this country that are devoted to their job and would never intentionally harm their students.

Even if a minor consents to the sexual relationship, it is still against California law for an adult to have sex with a minor.

In what could result in another Riverside County sex abuse case, a Cathedral City woman has pleaded guilty to having sex with a teenager. At the time, Alanna Reichle, 33, was running a recreation league while working as a civilian employee for the Palm Springs Police Department.

Reichle had been charged with one count of oral copulation with a person under 18 and three counts of unlawful sex with a minor. The victim was 16 when alleged sexual abuse happened.

Former Coachella Valley police league leader pleads guilty to sex with minor, MyDesert, October 28, 2011

Suit: District negligent in La Quinta High School teacher sex case, MyDesert, October 10, 2011

La Quinta High School Teacher Pleads 'Not Guilty' To Sex Charges, KESQ, April 6, 2011

Thousands of teachers cited for sex misconduct, USA Today, October 20, 2007

Desert Sands Unified School District

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

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

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

The family of Malyia Jeffers has settled their California medical malpractice case with a local hospital. Malyia, then 2, had to have her left hand, part of her right hand, and feet amputated after waiting several hours to be seen at the emergency room at Methodist Hospital of Sacramento. The case has been settled for $10 million.

Per court documents, last November Malyia's parents took her to the hospital because she was suffering from weakness, skin discoloration, and a fever. They waited five hours in the waiting room even though they kept begging that hospital workers see their daughter. Meantime, the bruising on Malyia's body got worse, impacting her arms, legs, and face. In their California ER malpractice complaint, Leah Yang and Ryan Jeffers accused the hospital of inadequate staffing and negligent operation and supervision of the ER.

Malyia was eventually flown to Stanford University's Lucile Packard Children's Hospital where doctors diagnosed her with Streptococcus A bacteria, which by then had entered her organs and blood. She also spent over three months at the Stanford hospital.

The majority of the settlement, with the hospital and parent company Catholic Healthcare West, will go towards providing for Malyia's current and future needs. In addition to ongoing therapy, she also has customized prosthetics, costly meds, special clothing, and will have to use wheelchairs for life.

ER Malpractice
Unfortunately, the hectic pace of an ER can lend itself to medical mistakes. Late hours, not enough staff, lots of people coming in and out, doctors rushing from one patient to another, and emergency situations can create a lot of chaos and distraction and errors can be easily made and overlooked.

Common ER mistakes include:
• Failure to diagnose
• Wrong diagnosis
• Medication mistakes
• Surgical errors
• Inaccurate lab tests
• Not enough testing
• Unsanitary conditions
• Anesthesia mistakes
• Chart errors
• Delayed diagnosis
• Delayed treatment
• Discharging someone prematurely
• Insufficient patient history

As with any Orange County, California medical malpractice case, you want to work with a personal injury law firm that understands the nature and complexities of this type of civil suit and can prove liability.

Nurses, OB/GYNS, surgeons, doctors, and anesthesiologists are some of the medical professionals that can make ER mistakes. Hospitals and medical staff know that the emergency room is a place where medical errors can happen if one isn't careful enough or there aren't proper procedures in place to prevent them from happening. There may be more than one party who should be held liable.

Medical mistakes can result in catastrophic consequences for patients. Often, these can lead to costly additional treatment, procedures, and care. There is no reason why you shouldn't be allowed to obtain the maximum recovery possible for the harm that you or your loved one has suffered.

Girl Gets $10M Settlement After ER Delay, ABC News/AP, October 28, 2011

Lawsuit alleges ER negligence in treating toddler's infection, Sacbee, February 15, 2011

More Blog Posts:
California Products Liability: Los Angeles Judge Awards Family $4.6M for Injury from Botched Circumcision, California Injury Lawyers Blog, July 18, 2011

$5.5 Million Los Angeles County Medical Malpractice Settlement Reached with Family of Redondo Beach Cheerleader who Sustained Permanent TBI, California Injury Lawyers Blog, August 26, 2010

Laguna Beach Medical Malpractice?: Mission Hospital Fined For Accidentally Giving Morphine to Newborn, California Injury Lawyers Blog, May 20, 2010

A third female has come forward claiming that anesthesiologist Yashwant B. Giri sexually assaulted her. All three patients underwent surgery at Placentia-Linda Hospital.

Girl, is now accused of molesting a 16-year-old girl in 2009, a 28-year-old woman in 2010. and a 36-year-old female earlier this year. He has been charged with sexual abuse. Hospital employees have also said that they saw Girl sexually abuse two of the victims.

The latest woman to come forward says that Girl assaulted her in a private room before she was put under for surgery. The Orange County-Register reports that she finally decided to come forward after her therapist and loved one's encouraged her to speak out.

Sexual Abuse by Doctors
Sexual abuse inflicted by anyone can be a very traumatic experience. When a medical professional is the offender, it is a huge breach of his/her obligation to provide a patient with a certain level of care. Doctors, nurses, anesthesiologists, and surgeons have access to patients' bodies because they are tasked with providing the proper treatment. When that privilege is abused it can result in devastating emotional and psychological injuries, as well as physical injuries.

In California, victims can sue a medical professional, including psychotherapists, for Orange County, California sex abuse damages. It can also be grounds for Placentia medical malpractice against the health care provider or professional.

Possible defendants may include the abuser and the health care facility where the sexual abuse happened. Did administrators know that the medical professional may have molested people in the past? Where appropriate steps were taken to prevent sexual assault and abuse from happening at the hospital/medical facility? Were previous complaints of sexual assault against the doctor/nurse/surgeon/anesthesiologist investigated? Was someone with a criminal background or past history of abuse allowed to work at the hospital?

If the victim of sexual abuse is a child, special circumstances may allow for a later claim. A few months ago, the American Academy of Pediatrics issued its first policy to protect kids from sex abuse by doctors. Parents and their children should be notified that they are entitled to having a chaperone with kids at exams. Health care institutions should notify authorities about suspected sex abuse.

The policy called any type of child sex abuse by medical providers a "profound betrayal" of the patient and medical ethics. That said, adult patients should also be protected from sexual assault by a medical professional or anyone else while receiving treatment at a facility.

Our Anaheim personal injury law firm is familiar with the devastation sex abuse can cause on a victim's life. Many of the injuries are not visible to the naked eye, but the damage that sexual assault can wreak on a person's personal life, professional life, emotional health, and mental well-being can cause ramifications that cannot be denied.

Doctors' group issues policy on sex abuse of children, Los Angeles Times/AP, July 19, 2011

Third victim alleges abused by doctor, OC Register, October 25, 2011

More Blog Posts:
Hundreds of Doctors Accused of California Medical Malpractice Were Not Disciplined by the State, Says Public Citizen, California Injury Lawyers Blog, August 11, 2011

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

Brother of Alleged Clergy Sex Abuse Victim Says He Too Was Molested by Priests at Huntington Beach Parish, California Injury Lawyers Blog, January 20, 2011

In Orange County Superior Court, the Mateel Environmental Justice Foundation has filed a lawsuit accusing Walt Disney Parks and Resorts U.S. Inc. of exposing kids to excessive levels of lead at Disneyland. The environmental group wants the amusement park to either put up health warnings or cover up the items and attractions that it believes contain too much lead.

Among the items at Disneyland the environmental group says has too much lead:

• Doorknobs and drinking fountains at popular attractions, such as the one at Minnie's house
• Brass rail chains
• Leaded glass windows, including the ones at the beauty salon in Cinderella's castle
• The handle of the sword in Sword in the Stone attraction

According to the Baltimore Sun, Mateel conducted wipe testing, which imitates what occurs when someone has physical contact with items that are tainted with lead. Test results showed that lead exposure on Mr. Toad's Wild Ride, the Haunted Mansion, and the Peter Pan ride was above .5 micrograms/day--state law mandates that anything over this amount must come with a warning.

Lead Poisoning
While the development of serious side effects from lead poisoning doesn't generally occur from having contact with too much lead just once, exposing kids to too much lead is never a good idea. Please contact our Anaheim personal injury law firm if you suspect that your son or daughter got sick or developed disabilities because of lead poisoning.

It wasn't until 1978 that lead in paint was banned for use in houses. Unfortunately, there are still homes that were made before then that may still be using paint containing too high levels of lead. Even if the paint has deteriorated to dust and chips, this still can seep into the air and cause health complications. That said, all property owners should make sure that kids and adults are not exposed to high levels of lead while on their premises.
Also, In recent years, the Consumer Product Safety Commission has had to recall millions of toys and kids' products because they contained too much lead. Many of these toys were made in China.

A child's body will more easily absorb lead into its gastrointestinal tract. Lead poisoning can cause permanent injury, as well as inattentiveness, irritability, and hyperactivity. Lead exposure can impact the brain, cause learning disabilities, hearing loss, delayed growth, permanent brain damage, and even death.

Attractions, other sites at Disneyland expose visitors to lead, group says, Baltimore Sun, October 18, 2011

Lead Danger at Disneyland, Watchdog Says, NBC, October 18, 2011

Lead, Centers for Disease Control and Prevention

Lead Poisoning: What It Is, How to Test, What to Do, WebMD

Consumer Product Safety Commission

More Blog Posts:
California Burn Injury Settlement Over Hot Nacho's at Disney's Magic Kingdom is Under Consideration, California Injury Lawyers Blog, July 28, 2011

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

Los Angeles Wrongful Death Lawsuit Filed Against Compton Unified School District by Parents of Boy Who Died in PE Class, California Injury Lawyers Blog, October 5, 2011

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