California Injury Lawyers Blog

A Pomona Superior Court has awarded the family of Jessica Ramirez a $12 million Los Angeles County medical malpractice verdict in their case against Greater El Monte Community Hospital. Ramirez, 22, has a traumatic brain injury that has left her in a persistent vegetative state. She now resides in a North Hollywood nursing home and requires round-the-clock care.

On September 4, 2007, Ramirez sustained an air-rifle pellet to the brain. However, following the air gun shooting, she was still conscious and could ask for help.

Her family contends that after seeking medical help at Greater El Monte Community Hospital, Ramirez was allowed to remain at the facility before she was flown to a Pasadena hospital for surgery to remove the pellet. According to the family's Los Angeles medical malpractice lawyer, Greater El Monte Community Hospital were delayed in both evaluating her condition and transferring her to Huntington hospital after x-ray results showed that the pellet had entered her brain. He claims that the medical delays caused Ramirez to sustain a traumatic brain injury and she may have had a better medical outcome if only surgery was performed sooner.

The defendant in the Los Angeles medical malpractice lawsuit is hospital owner AHMC Healthcare, Inc. The award consists of $10.6 million for future medical care, $1 million for pain and suffering, and $373,000 for past medical bills. Ramirez's mom says the award will allow her to bring her daughter home.

The verdict is being appealed.

Los Angeles Medical Malpractice
It is so important that medical professionals conduct their exams, make the correct diagnosis, and perform the proper procedure in a timely manner. In many cases, sooner rather than later can make the difference between life and death and between non-aggressive treatment and painful, invasive, lengthy treatments. Doctors, surgeons, emergency room workers, paramedics, anesthesiologists, and other medical professionals cannot afford to make mistakes. Otherwise, they can be sued for Orange County, California medical malpractice.

Jury finds El Monte hospital negligent, family awarded $12 million, SGVTribune.com, February 11, 2010

Jury awards $12 million to woman with brain injury, WTOP, February 12, 2010

Related Web Resources:
Greater El Monte Community Hospital

Traumatic Brain Injury

A jury has awarded more than $31 million to two sisters who sustained traumatic brain injuries during a California car crash. The lives of Rosie Landeros, 19, and Marta Perez, 28, were changed forever when a drunk driver who drove past a stop sign struck the vehicle they were riding in on June 15, 2007. The ladies were heading to dinner and a movie at the time.

50-year-old Gustavo Davalos Torres, the driver of the pickup truck that struck them, had a BAC of .16 when the deadly California auto accident happened. He did not sustain serious injuries from the collision.

However, Landeros, then 16, suffered a serious California traumatic brain injury that left her in a coma for six weeks. She is still incapable of walking unassisted because of foot drop paralysis. Landeros now has no memory, cannot control her feelings or emotions, and has a crooked left arm. She will require a lifetime of specialized care.

Perez, who also sustained a traumatic brain injury, recovered enough that she has been able to return to her job as a rehabilitation assistant. She says that since the wreck, she has experienced mood swings and memory problems.

Although he told the California Highway Patrol that he drank 2 - 4 beers, an expert testified that to have a BAC of .16, Torres likely drank 8 - 12 beers. The driver pleaded no contest to felony drunk driving and served half of his three-year, four month prison term.

The plaintiffs' California traumatic brain injury lawyers had asked for up to $300 million on behalf of their clients. Of the $31 million verdict that was awarded, $100,000 will go to Perez. Her sister will receive the rest, minus legal fees.

Traumatic Brain Injuries
A traumatic brain injury can ruin the victim's life. In order to survive and maintain some quality of life, many TBI patients require costly, specialized round-the-clock medical care. Often, the victim and his/her family cannot handle the medical costs without help. This is one of the many reasons why it is important to obtain Orange County, California injury damages from the liable parties.

Kern jury awards sisters $31 million, Bakersfield Now, February 2, 2010

Sisters hurt in drunken driving crash get record $31 million verdict, Bakersfield.com, February 2, 2010

Related Web Resources:
Brain Injury Association USA

The Brain Injury Recovery Network

According to new research findings, some traumatic brain injury patients may be suffering from a decreased ability to process emotions. This impairment can be frustrating for the TBI patient, as well as family and friends. Not only can emotional processing problems place a strain on personal relationships, but it slow down the TBI victim's recovery time.

Head injury specialist Roger Wood, a University of Swansea professor, and Claire Williams conducted the studies on TBI patients. The two of them asked brain injury patients to take a neuropsychological test questionnaire called a "Balanced Emotional Empathy Scale." TBI participants consistently scored twice as low as did control subjects.

Wood and Williams also found that more TBI patients suffered from Alexithymia than originally thought. People with alexithymia have a harder time recognizing and describing what they are feeling, which can be very frustrating for both patients and those around them. During one study, TBI patients exhibited an impaired ability to identify the emotions of people they saw on video and in photos.

Emotional processing problems is just one of many impairments that an Orange County, California traumatic brain injury victim may face. Communication difficulties, memory problems, personality disorders, mood swings, cognitive impairments, limited physical functioning, brain disorders, and coma are some of the other effects that a person with a TBI might experience.

The medical costs for treating and supporting someone with a serious TBI can be astronomical. Round-the-clock nursing care, specialized medical equipment, complicated and ongoing medical procedures, physical therapy, psychotherapy, and multiple drug prescriptions may be required. You may need help beyond an individual medical insurance plan to cover all costs. Obtaining financial compensation from a liable party can help cover your TBI-related bills and associated expenses.

Traumatic Brain Injury leads to problems with emotional processing, Psychology Today, January 3, 2010

What is Traumatic Brain Injury Information Page, National Institute of Neurological Disorders and Strokes

Related Web Resources:
The Balanced Emotional Empathy Test (BEES)

Traumatic Brain Injury Services of California

Continue reading "Some Orange County, California Traumatic Brain Injury Patients Suffer from Emotional Processing Problems " »

More than three years after Jaklin Mikhal Romine sustained catastrophic injuries during a Los Angeles County car crash, she is now suing Nissan Motor Co., Nissan Design America, Nissan North America Inc., Vintec Co., and Ikeda Engineering for California auto products liability.

Romine was stopped at a Pasadena intersection on October 21, 2006 when another vehicle rear-ended her 2000 Nissan Frontier. In her Los Angeles County injury lawsuit, Romine claims that a seatback defect caused the seat she was on to collapse backward. As a result, her head struck the back seat, and she sustained serious head injuries and spinal cord injuries. Romine is now an incomplete paraplegic.

Romine's Los Angeles auto products liability complaint accuses Nissan of knowing that the seatbacks in her pickup truck were not strong enough to survive a modest rear-end crash. She says that other car accident victims have filed personal injury lawsuits over the same defect in the past. She also says in-house testifying verified that the seatbacks were faulty.

The plaintiff contends the seatback defect could have easily been corrected with stronger recliners, seatback frames, and belt-integrated seats. She is accusing Nissan of choosing profit over vehicle occupants safety.

Seat Back Defects
Seat back defects are not uncommon and they can prove fatal. A seat that collapses backwards can cause serious head and spinal injuries for the occupant in the seat that collapses, while the person riding behind the defective seat that falls backward is at risk of sustaining chest and head injuries. A seat that collapses forward during a collision can also prove catastrophic for vehicle occupants.

Car manufacturers are supposed to design and make seats that are free from defects and will not collapse during a collision. An automaker can be held liable for Orange County, California auto products liability if serious injuries or death results.

Fox Business News, January 13, 2010

Related Web Resources:
Products Liability, Justia

Seat Failures and Occupant Restraints

Two more claims have been filed against the city of Huntington Beach over a catastrophic boating accident under the Gilbert Drive Bridge that killed two boaters and injured a third on June 27. Shawn Wilson and Caleb Steele died after their inflatable boat hit one of the bridge's beams. The third boater, James Geekie, sustained serious head injuries.

In November, Wilson's wife Deanna filed an Orange County, California wrongful death lawsuit against Huntington Beach, the county, and the state of California. Deanna's previous claims seeking $5 million in damages for herself and another $5 million for her 3-year-old daughter with Wilson were denied.

Last week, Steele's parents, Patricia and Scott Steele, filed separate wrongful death claims against Huntington Beach. Like Deanna Wilson, the two of them claim dangerous bridge conditions, including poor lighting and failure to warn boaters of how the tides can impact navigability, caused the wrongful death.

It was high tide when Wilson struck the bridge beam. If the men had known to duck, they would have avoided striking the bridge beam.

On Tuesday, the only boater to survive the Huntington Beach boating crash, James Geekie, filed his Orange County, California personal injury claim against the city. Geekie, who sustained brain injuries, a concussion, and fractured his skull, also contends that poor conditions on the bridge contributed to his California boating accident injuries.

Orange County, California Premises Liability
An Orange County, California city can be held liable for premises liability if there was a hazard on the public property that should have been remedied but instead was not repaired or removed and caused injury or death. Public and private property owners or those in possession of the premise owe a duty of care to keep a property safe so that visitors, patrons, and others do not get hurt.

Another claim over deadly boat crash, OC Register, December 23, 2009

Relatives ask for $2 million in bridge death, OC Register, December 23, 2009

Widow Sues Huntington Beach, Orange County, and State of California for Wrongful Death Following Husband's Deadly Boating Accident, California Injury Lawyers Blog, November 10, 2009

A 42-year-old woman is dead because of fatal injuries she sustained during an Orange County, California car accident on I-10E yesterday morning. The Ontario motorist was on the San Bernardino Freeway at around 2:40 am when her vehicle was rear-ended by a 2009 Acura driven by Thomas Vanauken, a 43-year-old Anaheim driver.

The California Highway Patrol says that the woman had decreased her speed as traffic slowed. Meantime, Vanauken, who is accused of drunk driving, was allegedly operating his vehicle at a speed greater than 120 mph.

The woman sustained major injuries and was pronounced dead at Baldwin Park hospital. Two women were riding in the vehicle with her, a 32-year-old Pomona resident and another passenger. They sustained moderate to mild injuries.

The CHP says Vanauken faces numerous criminal charges, including driving while intoxicated and causing injury or death and gross vehicular manslaughter while intoxicated.

Careless or Reckless Driving
Driving at a speed that is higher than the posted speed limit always increases the chances that an Orange County, California motor vehicle crash will happen. Speeding while driving drunk is even more dangerous and very irresponsible.

Our Anaheim car crash lawyers understands how devastating it can be for anyone that has gotten seriously hurt or lost someone in a traffic crash because another motorist was driving drunk, under the influence of drugs, speeding, disobeying traffic laws, texting or talking on the cell phone while driving, reading a magazine, putting on makeup, surfing the Web, or engaged in another form of dangerous driving. Driving while impaired is negligent driving. Even if the motorist did not intend to hurt or kill the car crash victim(s), they can still be held responsible in both civil and criminal courts.

CHP: Anaheim driver drunk, driving 120 mph before fatal crash, OC Register, December 21, 2009

Motorist killed by suspected drunk driver going over 120 mph, Los Angeles Times, December 20, 2009

Related Web Resources:
California Highway Patrol

California Department of Motor Vehicles

Continue reading "Ontario Woman Killed in Orange County, California Car Accident Involving Allegedly Drunk Anaheim Motorist Accused of Speeding at 120 mph" »

Police in Orange County, California are getting help from the state to combat drunk driving with $400,000 in grants for 2010. The Office of Traffic Safety is planning to call next year the "Year of the Checkpoint" and is announcing $8 million in checkpoint grants statewide. The Orange County, California cities that received checkpoint "mini-grants" include Yorba Linda, Westminster, Seal Beach, Placentia, Orange, Laguna Beach, La Habra, Irvine, Garden Grove, Fullerton, Cypress, and Costa Mesa. Over 250 checkpoints are to be set up beginning the end of this week and into the first weekend of the New Year in an increased effort to stop drunk drivers and prevent more California car crash deaths.

The increased emphasis in checkpoints in the last three years has decreased the number of California drunk driver-related deaths. However, in 2007, Santa Ana ranked number 5, Costa Mesa ranked number 2, Anaheim was number 8, and Newport Beach was number 3 (population size plays a part in a city's ranking) among California cities for having the most number of alcohol-related injuries and deaths.

As long as people continue to get injured or killed by drunk drivers, there will always be more that law enforcement authorities can do to prevent alcohol-related collisions from happening. On Saturday, Costa Mesa authorities arrested a 20-year-old woman for allegedly striking a man during a Newport Beach pedestrian accident. Shana Lynne Calderon is accused of drunk driving, hit-and-run, and driving without a license. The victim sustained serious head injuries.

Also, in another Orange County, California drunk driving accident, prosecutors have charged 22-year-old Jessica Lynn Shekell with two felony counts of vehicular manslaughter with gross negligence while intoxicated. The Anaheim woman's BAC was 26% when she drove her pickup the wrong way on October 26 and struck the pickup truck driven by Sally Miguel, 49. Miguel and her sister Patricia died from their injuries. Sara Miguel, 11, and Mary Miguel, 15, sustained internal injuries. Shekel suffered arm fractures and facial trauma. At her arraignment on Tuesday, she pleaded not guilty to the criminal charges.

Police plan big crackdown on drunk driving, OC Register, December 17, 2009

Woman charged with killing 2 while driving wrong way, drunk, OC Register, December 17, 2009

Woman arrested in hit-run accident, Daily Pilot, December 12, 2009

Related Web Resources:
Fatalities and Fatality Rates in Alcohol- Impaired-Driving Crashes by State, 2007-2008, NHTSA (PDF)

California Office of Traffic Safety

Continue reading "Local Police Agencies Attempt to Prevent Orange County, California Drunk Driving Accidents with Year-End Enforcement Blitz" »

The mother of a 43-year-old man who died in an Orange County, California bicycle accident on July 23 has filed a Newport Beach wrongful death lawsuit against the city. Darryl Benefiel sustained a number of injuries, including massive head injuries, when he was struck by a motor vehicle at Tesoro and Ridge Park Road.

The Newport Beach bicycle accident happened as the 22-year-old car driver was turning left. The 43-year-old bicyclist was pronounced dead at the accident site.

Per Karen Benefiel's Orange County, California wrongful death complaint, the intersection did not have a stop or yield sign and the road lacked a bike lane. She is seeking wrongful death damages for emotional trauma, loss of affection, love, and companionship, loss of financial support, loss of consortium, and loss of assistance.

The city of Newport Beach says that a preliminary probe found that no roadway defect contributed to the Newport Beach bicycle collision.

Bicycle Accident Lawsuits
If you or your loved one was seriously injured in an Orange County, California, Los Angeles County, San Bernardino County, or Riverside County bicycle accident, you may have grounds for filing a personal injury or wrongful death lawsuit. Possible defendants--depending on the cause of the bicycle crash--might include a negligent car driver, truck driver, motorcycle rider, bus driver, bicycle manufacturer, tire maker, the city, the county, or another entity.

Possible grounds for suing a city or another entity over a bicycle accident:

• Uneven paving
• Potholes
• Debris on the road
• Slippery conditions
• Lack of a bike path
• No stop sign
• No traffic light
• Faulty traffic light
• No warnings of possible hazards
• Poorly designed roads
• Obstructions on the road that make it difficult for motorists to see bicyclists and vice versa

Woman files claim in son's death, Daily Pilot, October 30, 2009

Bicyclist killed in Newport Coast, OC Register, July 23, 2009

Related Web Resources:
Bicycles, NHTSA

California Bicycle Coalition

The father of 17-year-old Adam Wilhite has filed a $75 million Orange County, California personal injury claim on behalf of his son, who is a minor, against the city of Westminster. Kurt Wilhite is blaming the city for a dangerous road condition at the intersection where the pedestrian accident that left his son in a coma happened on the evening of October 19, 2008.

Kurt's claim accuses the city of neglecting to provide proper signage, lighting, and other safety features at Sowell Avenue and Goldenwest Street. He says there are no crosswalks in the area that pedestrians can safely use.

Meantime, a police report blames Adam, a Huntington Beach High school student, for causing the traffic accident. Police claim the teenager was outside the unmarked crosswalk when he tried crossing the road and did not yield the right-of-way to vehicles that were close enough to be an "immediate hazard" to him. The report also says the street lights were on when the Orange County, California pedestrian accident happened.

Kurt, however, disagrees that the accident was his son's fault. He also wants to know how fast the female driver that struck his son was going. The motorist was not charged with any crime or cited for the Orange County, California car accident.

Adam is still in a Level 3 coma at an Orange hospital. He can open his eyes but is motionless, save for a few involuntary gestures. To date, his medical expenses have already cost the family over $2.5 million. Kurt and his wife, who lost their jobs following the economic collapse., no longer have insurance. They must pay approximately $2,400/month in co-payments. Adam is on Medi-Cal.

Dangerous Road Conditions
Dangerous road conditions can cause catastrophic pedestrian accidents and car crashes. It is the responsibility of the entity or entities in charge of overseeing a road to make sure it is designed in such a way that people are protected from becoming the victims of traffic accidents. This responsibility can extend to installing stop signs, traffic lights, road bumps, pedestrian lanes, bike lanes, and other safety devices. Failure to make sure that a road is free from defects or other hazards can be grounds for an Orange County, California injury lawsuit.

Father files $75 million claim over son's accident, OC Register, October 28, 2009

Related Web Resources:
Definition and Assessment of Coma, Miami.edu

City of Westminster

In May 2007, Drew Bianchi was a 21-year-old college student who was going on a camping trip. The course of his future, however, took a catastrophic turn when he was struck by a tractor-trailer that had just crashed with another large truck on Pacheco Pass. Because of his traumatic brain injury that he sustained in the California truck crash, Bianchi can no longer live a normal life and must be attended to by a medical professional 24 hours a day.

Following a five-week California traumatic brain injury trial, the jury found Samuel Bimbela, the driver of the truck that struck Bianchi's vehicle, 60% liable, the state of California 5% liable, and Gordon Trucking and the driver of the other tractor-trailer 35% liable. They awarded Bianchi $49 million in damages--$13.5 million for general damages, $4.5 million for future lost wages, $3.4 million for past medical expenses, $27.6 million for future medical costs.

Living with a traumatic brain injury can be tough. Depending on the kind of TBI that a person has, he or she may not be able to speak, understand what someone else is saying, have problems processing thoughts or emotions, experience memory loss, suffer from vision or hearing problems, suffer from sensory loss, experience serious loss of physical mobility, suffer from bladder or bowel problems, experience chronic pain, and become depressed or aggressive.

A person with a TBI may not be able to live independently, which can take an emotional and financial toll on the patient, friends, and family members.

Orange County, California Truck Accidents
For many Orange County, California truck accidents, paying for traumatic brain injury care can be extremely challenging, which is one reason it is important to obtain the maximum recovery possible from all liable parties. It can also provide a sense of relief to hold the responsible entities or persons accountable for your injuries, losses, pain, suffering, and other damages.

Calif. Jury Awards $49 Million in Personal Injury Case, The Recorder, September 24, 2009

Traumatic Brain Injuries, Neurology Channel

Related Web Resources:
Federal Motor Carrier Safety Administration

Trucking Accidents Caused by Driver Error, Nolo

In California, the department of Public Health is fining six Southern California Hospitals $25,000 each for serious violations. Some of these violations were serious enough to result in patient injuries and deaths.

In Orange County, California, Children's Hospital is accused of failing to make sure that the appropriate drainage procedure was conducted on a child following a neurological procedure last year. Because of the oversight, state health officials say that the patient sustained a serious traumatic brain injury. Meantime, the hospital has said that it has adjusted hospital protocols and stepped up staff training to decrease the chances that this type of catastrophic medical mistake will happen again.

In Newport Beach, medical staffers at Hoag Memorial Hospital Presbyterian reportedly failed to continuously monitor a patient. Because of this, no one noticed that the patient's cardiac activity strip had flat-lined suddenly after a cardiac monitor was disconnected for over half an hour. Also, the technician never heard the machine alarm go off because the sound was set at a lower level. A nurse discovered the patient, who by this time was unresponsive and sweating heavily. The patient's time of death was called 20 minutes later. The Newport Beach hospital says that the hospital has hired more staff members so that the responsibility of checking too many monitors doesn't fall on just one person.

In Riverside County, Southwest Healthcare Systems received its third administrative fine since 2007. The Murietta, California hospital is accused of using general surgery beds as intensive care beds and not having enough people on staff.

In Laguna Beach, South Coast Medical Center was ordered to pay a fine for failing to follow proper surgical procedures. Medical staffers had to perform a second surgery after items were left in a patient during an initial surgery. In Los Angeles County, USC Medical Center and Arrowhead Regional Medical Center in Colton in San Bernardino County must pay fines for similar surgical mistakes.

The California Department of Public Health also issued fines to hospitals in Solano County, Butte County, Calaveras County, and Lake County.

Our Anaheim, California medical malpractice lawyers do not dispute that it is positive progress for hospitals to remedy procedural errors that have caused medical mistakes in the past. Fixing the problem now, however, will not bring back someone who died or reverse the illness or take away the injury sustained due to medical negligence.

State fines six California hospitals for serious violations, Los Angeles Times, September 3, 2009

California Department of Public Health Issues Administrative Penalties to 12 Hospitals, Cdph, September 3, 2009

Related Web Resources:

Continue reading "Orange County, California Medical Malpractice?: Hospitals Ordered to Pay Fines for Serious Violations, Some Resulting in Injuries and Deaths" »

A California jury has awarded the family of 5-year-old Paris Campen $7.4 million for the severe brain injury she sustained when she was a baby because of medical malpractice. Campen was just a newborn when doctors at Cedars-Sinai Medical Center's neonatal intensive care unit failed to promptly treat her infection with an antibiotic.

The infant developed meningitis, which resulted in permanent brain damage. Now she must use a permanent shunt in her brain to get rid of excess fluids. She also has to undergo behavioral and physical therapy.

Campen's mother, an ER doctor at UCLA Medical Center, says that doctors at Cedars Sinai ignored her when she questioned their care of her daughter. In her Los Angeles medical malpractice complaint, she accuses the medical staff at the hospital of failing to provide Campen with the standard of care that should have resulted in a timely diagnosis and immediate care.

Meningitis
Meningitis can be fatal to babies. Immediate diagnosis and the administration of the proper medications is necessary to combat the infection and to decrease the chances that the patient will suffer from hearing loss, brain damage, or learning diabetes.

Medical providers in California are supposed to provide patients with the standard of care that they can expect from other professionals in the field. Failure to provide that care can be grounds for a Los Angeles County medical malpractice lawsuit if a patient gets hurt or dies.

Pediatric malpractice, including failing to identify symptoms, wrong diagnosis, delayed diagnosis, delayed medical care, surgical malpractice, and medication mix-ups, can lead to brain injuries, strep infections, pneumococcal infections, bacterial infections, and even death. In many cases, a child who survives an incident of pediatric malpractice may be left with permanent damage that will be very costly for the family and may permanently compromise his or her quality of life. The best way of ensuring that your son or daughter receives the pediatric malpractice recovery that your family is owed is to explore your legal options.

Brain-damaged child awarded millions from Cedar Sinai, LA Times, August 29, 2009

Jury awards baby $7.3M in medical malpractice suit, Enquirer Herald, August 29, 2009

Related Web Resources:
Medical Malpractice Overview, Justia

Meningitis

Continue reading "Jury Awards Family $7.4 Million Los Angeles Medical Malpractice Verdict for Child's Serious Brain Damage from Meningitis in Lawsuit Against Cedars-Sinai Medical Center" »

An Anaheim pedestrian accident in front of Palm Lane School has left a woman injured. The woman was crossing the street early this the morning when a Chrysler PT Cruiser struck her. Fortunately, according to an Anaheim fire captain, the car struck a parked truck first before hitting woman and the initial impact likely slowed the speed of the PT Cruiser before it hit her.

As of Wednesday, the Daily Pilot is reporting that an 11-year-old pedestrian who was injured in a Costa Mesa pedestrian accident is still in critical condition. Konrad Osgood has been experiencing bleeding in his brain after he and a 8-year-old boy, Antonio Fair, were hit by a car on Tuesday night.

The two of them were crossing the street with six other kids and two adults. They were headed to Wilson Park. According to police, the two adults were supervising the eight kids and were standing at the island that divides opposite lanes of traffic on Wilson Street when the two boys ran ahead into traffic. Newport Beach driver Ariel Claudio Mendozo, who was driving his car at about 25 mph, hit the two boys.

Last Friday, 75-year-old Ali Panahi died from injuries he sustained in an Irvine pedestrian accident that occurred in the afternoon at the intersection of West Yale Loop and Barranca Parkway. He was struck by a woman driving a Hyundai Accent. Witnesses are being sought to help determine what caused the Orange County, California traffic accident.

620 people died in California pedestrian accidents last year. That figure doesn't include the number of pedestrians who survived being hit by a car, bus, motorcycle, or truck with injuries. Because pedestrians have no protection whatsoever from the impact of getting hit by any kind of motor vehicle--especially one moving at a rapid speed--the consequences are frequently catastrophic and the medical expenses and recovery costs can be high.

Pedestrian hit by car in front of elementary school, OC Register, August 21, 2009

Boy still in critical condition, Daily Pilot, August 19, 2009

Elderly man dies after Irvine traffic collision, OC Register, August 15, 2009

Related Web Resources:
Traffic Safety Performance (Core Outcome) Measures* For California, NHTSA

Pedestrian & Bicycle Safety, FHWA Safety

Continue reading "Orange County, California Pedestrian Accidents Cause Injuries in Anaheim, Costa Mesa, and Irvine " »

In August 2007, Griselda Bernardino and several other people were injured in an SUV rollover crash in San Bernardino County, California. According to the plaintiffs' San Bernardino County, California auto products liability complaint, the catastrophic motor vehicle crash happened because the tread separated from the SUV's left rear tire. As a result of the tire defect, Bernardino lost control of the Ford Expedition and the SUV rolled over.

Bernardino sustained permanent spinal cord injuries and crushing head injuries. Also injured in the San Bernardino County SUV accident were Alonso Martinez, Ayari Martinez, Melani Elizardi, Diana Orozco, and Bianca Orozco. They were all ejected from the vehicle and sustained serious injuries. The latter three are minors. The five of them are also plaintiffs in this California personal injury case. There were other passengers in the SUV who were partially ejected and also were hurt.

The defendants in the San Bernardino motor vehicle crash case are Ford Motor Corporation, TRW Vehicle Safety Systems, Continental Tire Corporation, Beceril Tire Shop, and Chino Hills Ford. The plaintiffs claim that the SUV, made by Ford and purchased at Chino Hills Ford, did not properly protect them during the California rollover accident.

The SUV did not have Electronic Stability Control, which was already available when the auto accident happened. The plaintiffs say that ESC could have allowed Bernardino to stay in control of the vehicle. They also allege that the safety restraint system in the vehicle was defective and dangerous (alleged defects included inertial unlatching, retractor failure, false latching, inadvertent unlatching, and lack of pretensioners) and that the plaintiffs knew that these systems and parts could fail.

Other defects in the SUV noted by the plaintiffs include the lack of side curtain air bags, the windows' defective tempered glass, the driver's side door latch, and the SUV's seat backs and seats. They also say that the SUV's pillars, roof rails, and windshield headers were not built to withstand the weight of the Ford Expedition when it rolled over and the roof crushed inward.

The decision to use Continental ContiTrac SUV tires on the Expedition, say the plaintiffs, was a dangerous choice for a vehicle that nonprofessional motorists would drive.

Some Catastrophic Injuries that Can Arise During SUV Accidents:

• Spinal cord injuries
• Crushed bones
• Burn injuries
• Traumatic brain injuries
• Broken bones
• Internal injuries
• Death

Frontline Rollover, PBS

Related Web Resources:
NHTSA

Safercar.gov

Ford Motor Company

Orange County fire officials say a 6-year-old nearly drowned in a Placentia swimming pool at a mobile home park last week. The boy appears to have been holding onto the side of the pool when he slipped under.

His 14-year-old sister pulled him from the water and began administering CPR. He had regained consciousness by the time he was transported to Children's Hospital in Orange.

The Orange County Fire Authority reports that there have been 20 drowning emergencies in 22 of the cities that it services since January 2009. Meantime, the Orange County's Health Care Agency reports that 25 young people died in Orange County, California drowning accidents between 2005 and 2007. During this same time period, 204 kids (under age 18) were treated in US emergency rooms after they were immersed under water.

Other facts from the Health Care Agency for 2005 - 2007:
• Children under 5 were involved in 69% of all immersion-related events.
• This same age group made up 72% of Orange County, California drowning deaths.
• 64% of immersion incidents took place in spas and pools.
• 16% of Orange County, California immersion-related incidents occurred in Anaheim, 13% in Santa Anna.
• Over 51% of immersion incidents occurred between June and August.
• 12% of children involved in immersion-related incidents died.

In 2008, six Orange County minors under age 5 died in California drowning accidents. One child died in a spa, four kids died in pools, and one child died in a bathtub.

As we've mentioned in previous blog posts, a drowning accident can be grounds for an Orange County, California premises liability or wrongful death claim if someone sustains injuries or dies in another party's pool or spa. Kids are especially at risk of dying or sustaining catastrophic injuries, including traumatic brain injuries, in drowning accidents.

Steps premise owners can take to decrease the chances that someone will die in a pool or spa accident:

• Install a four-sided fence around a backyard pool.
• Add pool alarms and motorized pool covers.
• Make sure that buckets and pails are emptied out of water or other liquids after use.
• Properly supervise all swimmers--especially kids.
• Consider learning CPR.

6-year-old recovering after nearly drowning in pool, MSNBC, June 30, 2009

25 youth drowned in O.C. from 2005-2007, OC Register, June 29, 2009

Drowning prevention tips, OC Register, June 15, 2009

Related Web Resource:
Pool Safety

Home Drowning Prevention Tips From CPSC

Continue reading "Orange County, California Pool Drowning: 6-Year-Old Recovering From Placentia Accident " »