California Injury Lawyers Blog

Seven years after 17-year-old Dillon Elkins became a quadriplegic when he jumped from a truck and struck his head on the pavement, a Barstow jury has awarded his family $32.2 million for his San Bernardino County personal injury lawsuit. Because jury members found Elkins to be 20% at fault and Robert Murchison, the driver of the truck, to be 80% at fault, Dillon's family will receive 80% of the verdict.

The tragic San Bernardino County car accident happened in 2003 when Elkins, then 10, asked high school football player Robert Murchison to give him a ride from the homecoming football game. Murchison, then 18, has said that not only did he tell Dillon and another boy that he couldn't drive them because the truck's cab was full, but also that the two boys ignored him and jumped on the truck bed. Witnesses have said that Murchison told the boys that if a cop appeared, they were to jump out of the truck.

According to the family's San Bernardino County motor vehicle accident lawsuit, while on California 127, Murchison saw a police car and told the boys to jump out, which is exactly what Elkins did. Following the tragic accident, Elkins fell into a coma for three weeks and sustained severe brain injuries that left him a spastic quadriplegic. He is no longer able to walk, speak, or eat anything that isn't fed through a gastric tube.

Now, Elkins' mother Sherry Setter says that her son will have the funds to receive the medical care that he needs.

Spastic Quadriplegia
Spastic quadriplegia usually affects all four limbs of the body and can result in mental retardation, hearing impairment, and visual problems. Complications may include cognitive difficulties, seizures, bladder dysfunction, scoliosis, bowel dysfunction, skin sores, hip dislocation, and other health issues. Spastic quadriplegia can occur as a result of a spinal cord injury or brain damage.

If someone you love now has spastic quadriplegia because another party was negligent, you may be able to pursue Orange County, California personal injury recovery. Living as a spastic quadriplegia can be very expensive and you will likely need financial resources to cover medical expenses, round-the-clock care, specialized equipment, rehabilitation, and other services.

Jury awards damages to Baker youth badly injured in '03 accident, Los Angeles Times, June 9, 2010

Jury Awards $32M To I.E. Boy Left Quadriplegic, CBS/AP, June 9, 2010

Related Web Resources:
The National Spinal Cord Injury Association

Traumatic Brain Injury Information Page, National Institutes of Health

Taylor Tolleson, a former professional cyclist, is suing driver Thomas John Legan for California personal injury. Tolleson, 25, claims that his career was ruined when Legan, also 25, allegedly struck him on July 23 during a hit-and-run car crash. Tolleson was riding a motorcycle at the time and he broke his vertebra and sustained a traumatic brain injury. Also named as a defendant in the California motorcycle accident lawsuit is Legan's dad, Thomas Louis Legan, who is the owner of the Audi suspected of striking Tolleson.

Fortunately, another driver called 911 and Tolleson was flown to a hospital. Police discovered the Audi about two hours later and impounded it. While searching the car, they say they found two prescription drugs in the younger Legan's name.

Legan turned himself in to the authorities later that month and he was arrested on suspicion of hit-and-run. He has not been criminally charged but the case may be reopened. Last December Legan was arrested on suspicion of drunk driving. He pleaded guilty to the lesser charge of reckless driving. He also has several speeding tickets. Tolleson, In his California motor vehicle crash lawsuit, accused Legan of being a drug addict.

Tolleson was expected to fully recover form his injuries. However, he continues suffer from mood swings and memory loss, has a hard time concentrating, and experiences pain in his L1 vertebra if he is hunched over a bike for too long. Tolleson says that pro cycling was both his passion and livelihood before it was taken away from him during the California motorcycle crash.

Motorcycle Accidents
Motorcycle accidents claim too many lives and cause injuries to tens of thousands of people each year. In the event that a rider is thrown from a bike, pinned under a vehicle, or propelled into a wall or another nonmoving object, he or she is at risk of sustaining a traumatic brain injury, spinal cord injury, or other catastrophic injuries.

It is so important that the drivers involved in collisions involving motorcyclists contact 911 immediately. The sooner the victim receives medical help the greater the chances of recovery.

Former pro cyclist sues over hit-and-run that ended his career, Mercury News, May 14, 2010

Pro Cyclist Taylor Tolleson Injured in Hit-and-Run, TPGOnlineDaily, August 1, 2009

Related Web Resources:
Race Results for Taylor Tolleson, USA Cycling

Motorcyclist Facts, Advocates for Highway and Auto Safety

NHTSA

The daughters of Oliver J. Shrock are suing Kindred Healthcare Operating Inc. and Kindred Nursing Centers West LLC for Orange, California nursing home neglect. The 77-year-old assisted living facility resident died on July 18, 2009 from injuries he sustained during a fatal fall accident.

Deborah Anne Whitman and Kathleen S. Sakoguchi are seeking unspecified damages. According to their Orange, California wrongful death lawsuit, their father, who was suffering from coronary artery disease, diabetes, and hypertension, lived at the nursing home from May 10 to July 14, 2009. Assisted living facility workers knew that Shrock was susceptible to fall accidents and needed nursing assistance for almost all of his needs.

Soon after being admitted to the long-term care facility, Schrock fell but did not sustain serious injuries. The nursing home installed a bed alarm and placed mats on the ground. However, Sakoguchi contends that these safety measures weren't always in place.

Schrock fell on July 14 as he was getting ready to go home. A nursing assistant found him on the ground and his head was bleeding. The 77-year-old patient had sustained fatal head injuries and died four days later.

The plaintiffs are accusing the assisted living facility of failing to do enough to prevent their dad from falling. They also contend that nursing home workers did not keep their father clean and dry, which resulted in bedsores.

The state of California issued an "AA" citation--the worst violation that can be issued to a nursing facility--against the Orange nursing home over Schrock's death and ordered the facility to pay an $85,000 fine.

Nursing Home Falls
Common causes of Orange County, California fall accidents at assisted living facilities include:

• Inadequate staffing
• Poorly trained workers
• Wet or slippery floors
• Inadequate lighting
• Incorrect bed height
• No bedrails
• No wall rails
• Overmedicated residents
• Failure to help residents get out of bed, go to the bathroom, sit in their wheelchair
• Failure to activate bed alarm
• Call buttons that don't work

Fall accidents can lead to broken bones, fractured hips, spinal cord injuries, traumatic brain injuries, back injuries, and other personal injuries. Older and/or sick people tend to recover from fall accidents more slowly than their younger counterparts and are at higher risk of infections, permanent injuries, and death.

Nursing home in Orange sued over man's death, OC Register, April 8, 2010

Family of man who died from fall at Orange nursing home sues operators, 89.3, April 8, 2010

Related Web Resources:
What Causes Falls in the Elderly?, AAFP.org

Prevent Falls for the Elderly, ABC News, November 4, 2008

California Department of Public Health

Huntington Beach bicyclist Anita J. Newman has filed an Orange County, California personal injury claim against the city. The 61-year-old claims that she sustained a head trauma, lost her sense of smell, and experienced memory loss, vertigo, and depression after she was hit by a parking lot gate arm.

Newman told the Orange-County Register that the accident happened on September 6 close to the First Street parking lot. The gate arm struck her arm, before bouncing up to strike her chin. She fell off her bicycle and that is when her head struck the ground.

She says that not only was she hospitalized for a week but there was bleeding in her skull and she can't remember the accident. Newman says that there should have been a warning to let her know that the gate arm was coming down. She also points out that the sign barring bicycles from the area is small and hard for cyclists to read.

Huntington Beach Premises Liability
Property owners must exercise reasonable care to ensure that all hazards on a premise are either fixed or taken off the property. If anything is a possible hazard, then adequate warning signs should be put up to prevent injury or death. Victims of property hazards may have grounds for filing an Huntington Beach, California personal injury lawsuit.

Examples of Premise Hazards:

• Inadequate security
• Falling merchandise
• Wet liquids on the ground
• Debris on the floor
• Poorly lit hallways
• Broken steps
• Electrical hazards
• Swimming pools that lack covering
• Unsecured, heavy objects
• Sidewalk defects
• Toxic substances
• Defective machinery, equipment, or furniture

Unfortunately, premise hazards can exist anywhere, including in restaurants, parks, private homes, apartment complexes, offices, hotels, bars, amusement parks, offices, grocery stores. To file an injury lawsuit against an Orange County, California city for premises liability, you must first file a claim notifying of your intent to sue.

Claim: Bicyclist hit with gate arm lost sense of smell, The Orange County Register, March 10, 2010

Related Web Resources:
The Basic Liability Rules for Premises Accidents, Nolo

City of Huntington Beach, California

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" »