Jury Sides With Injured Worker Resulting From Chemical Spill
May 20th, 2011 by Rosanne Lim. No Comments »
A jury has awarded more than $2.5 million to a man who claimed that he suffers restrictive airway disease as a result of a chemical spill in the workplace.
The plaintiff in the suit, Mr Joseph Leto, was working at Amrex Chemical Co.’s Binghamton facility on Oct. 18, 2005, when sodium hypochlorite was spilled onto the floor above him. The chemical seeped into the floor, combined with an acid to form chlorine gas which seeped into the room in which Leto was working.
Amrex has acknowledged fault for the spill but argued that Mr Leto, who was employed as a plumber, could have developed his respiratory impairment while working in the presence of asbestos or mold in the course of his job. The jury did not accept the company’s claims and blamed the incident at Amrex’s plant for Mr Leto’s injuries.
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Wrongful Death Of Appleton Student
May 17th, 2011 by Rosanne Lim. No Comments »
A 23 year old Appleton student who was due to graduate from the University of Minnesota this week has been killed in an automobile accident. The victim had been out with two friends when the fatal accident occurred. The 23 year old was the only fatality in the incident.
Police have announced that the driver of the vehicle responsible for the fatal accident was intoxicated and the time of the collision. Authorities also believe that the car crash was intentional and fuelled by the driver’s alcohol intake and that at least one of the three victims in this particular case was an intentional target. A police captain is quoted as saying that the tragic crash was a ‘crime of bruised feelings.’
This case is unusual in that, in the overwhelming majority of cases involving drunk drivers, the injured parties are not personally known to the driver.
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School Bullying Leads to Suicide – Family Sues
April 8th, 2011 by Rosanne Lim. No Comments »
The attorney of Jon Carmichael claimed that his family is not interested in money. Rather, they want to increase awareness about bullying in schools and its consequences. The Carmichael family sued Joshua ISD and its representatives in the Dallas federal court. Joshua ISD representatives include the following Superintendent Ray Dane, teacher Walter Strickland, teacher Kenneth Randall Watts, teacher Dayton Barone, school board president Ronnie Galbreath, and counselor Elizabeth Rosatelli. They are all listed as defendants.
Superintendent Ray Dane said he was aware of the lawsuit although he had not received the papers yet. He said that, “I haven’t seen it, so I have no comment, and if I had seen it, I would have no comment.” Other representatives also have no comment.
According to the family, Jon had been bullied extensively at school. For example, he was held upside down with his head in a toilet and even stuffed into a trash can.
A part of the lawsuit states that, “While Jon Thomas Carmichael was a student at the Joshua Independent School District he was bullied, harassed and called names, every day. He was bullied in physical education class and in the locker room, which was observed by staff, who did nothing. He was thrown into a dumpster, which was observed by defendant Strickland, who did nothing. On a number of occasions, Jon was accosted by a group of boys in the locker room which was observed by defendant Watts. He was placed upside down in a toilet bowl, and had his head flushed several times, at each occasion.
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Wrongful Death Damages of Teenager from Bus Accident
April 4th, 2011 by Rosanne Lim. No Comments »
It was a sunny day on July 20, 2001, 15-year-old Geremy McConnell was riding a bicycle to go to his cousin’s house when he was hit by a 40-foot long New York City Transit Authority bus. He was killed instantly. The accident occurred north of Donley Avenue on Hyland Boulevard. The tragedy resulted in a wrongful death lawsuit which was filed by Geremy’s mother, Geraldine McConnell.
The 48-year-old mother claimed that the bus driver could have seen her son if he looked at the right side mirror. She based this testimony on the findings of an accident reconstruction expert. The expert further concluded that the bus driver didn’t leave sufficient space between the bus and the parking lane. The driver was trying to maneuver when the unfortunate accident occurred.
However, according to the defense Geremy was riding his bike around five inches from the bus as he attempted to ride between it and another parked vehicle. The defense concluded that the victim lost control because he was attempting to maneuver the bike himself. Therefore, they said, the Geremy was 100% at fault. However, while the jurors agreed that Geremy was negligent, his actions were not the proximate cause of the accident. They decided that the bus driver was 100% at fault.
Geremy’s mother was awarded $520,000 for her economic loss as a result of her son’s wrongful death. However, the appellate later ruled that it was logically impossible for the jury to say that Geremy was negligent but that it was not the proximate cause of his death. A new trial was set but the new jury will not address the issues whether the damage award was proper and whether the bus driver were negligent. But if they find comparative negligence on Geremy’s part, the original award can be substantially reduced.
The damage award is based exclusively on economic loss because New York does not have any provisions for the recovery of damages for loss of love and affection.
Pre-Death Pain and Suffering Awarded to the Family of 10-Year-Old Girl
March 31st, 2011 by Rosanne Lim. No Comments »
Three months after her birth, Anna Gloria Rivera was diagnosed with asthma. She used a nebulizer containing Albuterol to minimize her symptoms. However, there are times when her condition led her to end up in the emergency room for treatment before she is released. The 10-year-old had a normal life of a young child in school and home except for her condition.
However, on December 21, 1998, she was rushed to the emergency room of Woodhull Medical and Mental Health center after she suffered a severe asthmatic attack. After four hours and forty-five minutes of treatment, her lung collapsed and she died. The patient was tied to the hospital bed to restrain her.
In the lawsuit, the doctors and the hospitals were accused on medical malpractice because of the following:
- Administering oxygen at an excessive rate
- Errors in intubation, resulting to extubation and re-intubation
- Failing in administer paralytics and sedatives
The jury in the case awarded $3.5 million to the family of Anna for pre-death pain and suffering. They based their decision on evidence that the patient suffered from panic and excruciating pain as she was treated on the table. With her legs and arms restrained on the bed, she fought against the treatment and had difficulty breathing.
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Bus Company Ordered to Pay $132 Million over Wrongful Death Accident
March 18th, 2011 by Rosanne Lim. No Comments »
A local bus company from El Paso was ordered to pay over $132 million to the victims of a van accident in Colorado back in 2005. The jury found that the tires of the vehicles were bald and there were no safety belts. There were two fatalities on the crash and several others were seriously injured. The judgment was filed against Uriel Chavira and his bus company, Los Paisanos bus lines.
Chavira did not comment when the jury decision was read and could not be reached. However, Mannie Kalman, his lawyer, said they will file an appeal. He stated that, “there are multiple errors in the verdict.” Furthermore, he predicts that it will take another four to five years for the case to be resolved. This lawsuit has been pending since 2005.
A Los Paisanos van was boarded from El Paso and it was headed for Denver. Craig Sico, the lawyer’s defendants claims that the passengers were treated “like cattle” because they were driven 188,000 miles in two years without seatbelts. He claims that it is operates illegally because it moves Mexican citizens across US state lines.
Based on reports, it has been determined that there were originally 33 people from Juarez and El Paso who boarded a bus and headed for Denver. When it reached its destination, 11 passengers from Juarez were transferred to a 15-seater van, heading for Nebraska. This is when the accident occurred. According to witness testimony, Heriberto Flores-Garcia, the driver, began eating and speeding. He lost control of the vehicle and it went to an embankment.
Ascencion Caraveo and Teresa Lozano Acevedo died from their injuries. Five others were also injured but survived. The surviving victims as well as the family of deceased family members joined the lawsuit against the bus company.
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Roche’s Accutane Drug Faces More Lawsuits
March 14th, 2011 by Rosanne Lim. No Comments »
Roche is facing 3,000 lawsuits relating to its Accutane product. Plaintiffs claim that this medication can cause inflammatory bowel disease (IBD) which can lead to Crohn’s disease and ulcerative colitis. The case is rife with allegations. Many believe that the company did not do enough to warn users about the risks associated with this acne medicine. In the past, the company has already lost six Accutane-related cases when the lawsuits reached a jury.
The numbers of lawsuits are still expected to climb. Former users are finding out that their medical condition may be related to Accutane. The next trial is set for May 2011 which involved a case filed by Kamie Kendall. The earlier ruling on the case was reversed because Roche was not given the chance to present their evidence regarding the number of people who used the medicine since its launch.
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4 New Orleans Cops Sued over Wrongful Death
February 16th, 2011 by Rosanne Lim. No Comments »
A wrongful death lawsuit was filed against four New Orleans officers after the death of a man in the days following Hurricane Katrina. According to the suit, Henry Glover who was under criminal investigation at the time was shot and the car containing the body was incarcerated. The federal probe is different from the civil lawsuit.
The plaintiff in the case is Charlene Green; she filed the lawsuit on behalf of Henry Glover Jr., a 13-year-old child she had with the victim. Her lawsuit claims that the four police officers used excessive force, were negligent, and failed to provide him with medical treatment. In addition, it also alleged that they mishandled his corpse.
In general, civil lawsuits should be filed within a year of the rievance. However, Dane Ciolino who is a professor at Loyola Law School, stated it is sometimes allowed for a suit to be filed later provided that the the plaintiff can prove she/she had not “reasonably discovered” the matter within the said timeframe. Green’s lawsuit claims that she only recently learned that Glover allegedly died from police actions.
According to the reports published by ProPublica and The Nation, the federal investigation will likely result to charges. Many NOPD officers including supervisors, captains, and rookes have testified in the jury. Among the officers in the lawsuit include Lt. Dwayne Scheuermann, officer Greg McRae, officer David Warren and Capt. Jeff Winn. Warren already left the force in 2008.
The suit alledged that it was Officer Warren who shot on Sept. 2, 2005 at an Algiers strip mall that housed a satellite NOPD office. Based on a “miscellaneous incident” report written on Dec. 2, 2005, Warren fired a rifle from the second-floor location at a man who was running toward the strip mall. It said that Warren saw an item in the man’s hand that was “perceived was a weapon.”
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Wrongful Death Due to Defective Drug
January 27th, 2011 by Rosanne Lim. No Comments »
Millions of Americans take medications to relieve pain and/or manage their medical condition. Around 82% of the entire US adult population takes at least one drug (OTC, prescription, or dietary supplement) every single day. Approximately 30% take at least five drugs in a week. The statistics are worrying and this dependence on drugs also puts a significant number of people at risk.
The Food and Drug Administration is tasked to safeguard the health and well-being of consumers. Unfortunately, defective drugs are still being sold in the market despite thorough screening. There are many reasons why a drug can become “defective”. Among these include improper labeling, dangerous ingredients, or exaggerated claims. Drug manufacturers also tend to underestimate the risks posed by their products while overemphasizing its said benefits.
If you suffered from personal injury due to defective drugs or if a loved one suffered a wrongful death, there are damages that can be recovered:
- Economic damages such as medical expenses, funeral expenses, and lost future earnings
- Compensation for non-economic damages such as the love and support the deceased person would have given
- Punitive damages to punish the drug manufacturer
No amount of money can ever compensate for the loss of a loved one. But if defective drugs were to blame for the death, it is important to make the drug company responsible. A wrongful death attorney can help you know your rights. There are many assertions that can be made against the manufacturers. We listed some of the common basis for defective drug lawsuits below.
- Manufacturer failed to disclose risks and side effects of the drug
- Label or warnings contain insufficient instructions on safety for use, failure to warn about adverse drug reactions, or failed to provide information about preexisting conditions that increase the chances of harm
- Drug is defective in its formulation and not fit for purpose
- Drug is intentionally or accidentally mislabeled, contaminated, or tainted
- Manufacturer marketed the drug for use outside the scope of FDA approval
Take note that while the FDA plays an essential regulatory role, the agency does not give a legal shield for drug companies if their medicines turn out to be defective. Manufacturers can deliberately withhold information from the FDA. In addition, because only a limited number of people undergo drug testing, many risks are only discovered once the drug is being sold to consumers for an extended period.
F-18 Plane Crash in San Diego Claims Three Lives
December 27th, 2010 by Rosanne Lim. No Comments »
Three people are dead and one other is presumed dead after a U.S. Military jet crashed into a house around noon on December 8, 2008 in University City, San Diego.
According a news report from the San Diego Union-Tribune, a mother, her young child and the child’s grandmother died at 4416 Cather Avenue when the disabled F/A-18D Hornet crashed into the house in what is described as a “fiery explosion.”
A second child was missing and presumed dead before rescue personnel suspended their search at nightfall. None of the victims have been identified yet by police, but the newspaper describes the victims as being a family of Korean immigrants.
The jet’s pilot, a student pilot at the Miramar Marine Corps Air Station, had apparently earlier ejected safely and was listed in good condition at the San Diego Naval Medical Center. He was en route from the aircraft carrier Abraham Lincoln that was operating in the Pacific Ocean off the coast of San Diego. He lost one engine over the ocean and the other failed over the neighbourhood in which the crash occurred. The crash occurred less than a quarter mile from University City High School.
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