Personal Injury Lawyer Blog

Teens Seriously Injured In Boating Accident, Part 1 of 2

August 3, 2012 | by Moseley Collins

The following blog entry is written to illustrate an example of an injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this boating accident lawsuit and its proceedings.)

INJURIES: Jasmine Birmingham suffered lacerations to her scalp, shoulder, hands and neck, a shoulder fracture, mandibular and molar fractures, and C3-4 transverse fractures at the vertebral foramen, the openings through which the spinal nerve root and spinal nerve sheath pass.

Facts:

At approximately 2 p.m. on Aug. 25, 2004 , claimant Jasmine Birmingham, 19, and her cousin, claimant Sandra Birmingham, 18, were riding in an inner tube being towed behind a rented motorboat when the towline became tangled in the boat’s steering mechanism, causing the boat to turn uncontrollably and strike the inner tube. The boat’s hull struck both of them, and Jasmine was struck by the boat’s propeller.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Sacramento Brain Injury Caused When Truck Hits Trailer Pulled to Shoulder

August 3, 2012 | by Moseley Collins

The following blog entry is written to illustrate how a brain injury lawsuit could develop and resolve. Reviewing this summary should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury lawsuit and its proceedings.)

Summary of Facts:

Greg Barros was driving a semi/trailer north on Interstate 5 near Sacramento, CA., Jan. 30, 2009 at approximately 12:50 a.m. He reportedly pulled to the shoulder on the right-hand side of the road when his vehicle became disabled. The parking lights and the four-way flashers were allegedly on. Barros asserted he went between the semi and the trailer to retrieve emergency triangles. David Pinkers, operating a semi truck pulling two trailers owned by XYZ Inc., reportedly rear-ended Barros’s vehicle, causing it to strike him.

Barros claimed he sustained traumatic brain injury, left hemiparesis, injuries to the neck and lower back, and headaches as a result of the collision.

Barros filed a lawsuit against XYZ and Pinkers in the Sacramento County Superior Court. The plaintiff alleged Pinkers was negligent in failing to drive attentively.

The plaintiff also asserted XYZ permitted Pinkers to use the vehicle in the scope of his employment.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Registered Nurse Suffers Detrimental Knee Injury After Infection Not Realized in Kaiser Medical Malpractice Suit, Part 1 of 2

August 3, 2012 | by Moseley Collins

The following blog is provided as an example of a Kaiser medical malpractice lawsuit to aid potential clients in how a lawsuit is examined and conduced. It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as UC Davis Medical Center, Mercy, Methodist, or Sutter.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

INJURIES: Plaintiff’s counsel claimed that Oliver suffered from an infection in her knee and that because the hospital delayed in diagnosing the condition, she lost her hamstring graft and all of her articular cartilage in the knee. Her knee was tapped and washed out and then she underwent an open surgery to remove the hardware and a hamstring graft. She underwent another procedure in October 2007 to manipulate the knee under anesthesia. She underwent a scar tissue removal in February 2008 at a different facility, which was unsuccessful.

Facts:

On Aug. 1, 2007, plaintiff Kim Oliver, a registered nurse, underwent arthroscopic surgery at a Kaiser facility for a torn medial meniscus, a torn lateral meniscus and a torn anterior cruciate ligamentin her right knee. She had injured her knee playing soccer.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Motorist’s Lane Change, Abrupt Stop Caused Motorcycle Accident in Sacramento Personal Injury Case, Part 1 of 2

August 3, 2012 | by Moseley Collins

The following blog entry is written to illustrate an example of a personal injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

INJURIES: As a result of laying his bike down, Tailman sustained torn tendons in his right and left rotator cuffs. He underwent a right rotator cuff repair surgery. His past medical specials were $103,953.89.

Facts:

On March 29, 2008, plaintiff Matt Tailman, 52, a personal trainer, was riding his motorcycle westbound in Sacramento when he was in an accident with a vehicle driven by Fred Avis, who was in the course and scope of his employment with ABC.

Avis was traveling south and stopped at the intersection with a red light. He then commenced a wide right turn, crossing into Tailman’s lane of traffic. Tailman changed into the No. 3 lane to avoid Avis’s vehicle. After completing the right turn, Avis turned into the No. 3 lane, stopped and parked. Tailman could not avoid Avis’s vehicle and laid down his bike prior to impact.

Tailman sued Avis and Walter Zoo, who was doing business as ABC and therefore was Avis’s employer. He alleged that Avis was negligent in the operation of his vehicle and that ABC was vicariously liable.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Boy Sustains Severe Brain Damage During Surgery, Parents Sue for Medical Malpractice, Part 1 of 2

August 3, 2012 | by Moseley Collins

It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Methodist, or Sutter.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

INJURIES: The plaintiff had severe brain damage.

Facts:

In 2005, the plaintiff, age 5, was scheduled to undergo the third and final heart reconstruction procedure called the “Fontan” completion operation. He was born with congenital heart defects, including dextrocardia, in which the heart is in the right chest instead of the left, being born with only one ventricle.

The single ventricle deformity is addressed via the three-part Fontan surgery. The plaintiff underwent the first operation as an infant and the second one at age three. After the third, oxygen levels are typically nearly normal and most children can lead healthy, normal lives.

In the first part of the surgery, the surgeon performs a re-sternotomy, opening the sternum via a previous, healed incision. During this procedure, the defendant surgeon used an oscillating saw and entered the plaintiff’s aorta, resulting in massive blood loss for more than 12 minutes. The plaintiff sustained severe brain damage.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Woman Claims Medical Malpractice Lawsuit on San Francisco Doctor, Part 4 of 4

August 3, 2012 | by Moseley Collins

The following blog entry is written to illustrate an example of a medical malpractice case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court. It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UCSF Medical Center, San Francisco General, California Pacific Medical Center, or St. Francis Memorial Hospital.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)

Defendant contended that he met the standard of care in all aspects of his care and treatment. The injuries claimed by plaintiff were known complications of surgery. It was not uncommon for subarachnoid shunts to displace after surgery, requiring further surgery to reposition them. Defendant did not make any guarantees of success before informed consent was obtained. He also obtained informed consent, as evidenced by two separate informed consent forms signed by plaintiff, one signed weeks before the surgery occurred. Defendant further contended that plaintiff was able to function at a much higher level than she claimed, as demonstrated by sub rosa video obtained of her walking without her walker and bending over to pick up sticks in her yard while fully bearing weight on both legs. Defendant contended that most of plaintiff’s physical symptoms were a result of a psychological somatoform disorder.

CLAIMED INJURIES

According to Defendant: Plaintiff Ruth Clementine: Pain and paralysis in the left, lower extremity, loss of sensation in the left leg and buttocks, constant pain, tingling and heaviness of the leg, and lack of bladder control. She claimed she was unable to walk with or without an assistive device, suffers from permanent physical impairments, and continues to suffer from debilitating pain in her left leg. Plaintiff Calvin Clementine: Loss of comfort and affection.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

San Jose Doctor Fails To Timely Diagnose in San Jose Medical Malpractice Lawsuit, Part 3 of 3

July 28, 2012 | by Moseley Collins

It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the San Jose area, such as Kaiser Permanente, Regional Medical Center, Good Samaritan Hospital, Santa Clara Valley Medical Center, or O’Connor Hospital.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

As per DOCTOR’s prescription, plaintiff met with him for a second DRE on May 2, 2006, and plaintiff had blood drawn on May 3, 2006 for a total PSA test.

On May 9, 2006, DOCTOR telephoned plaintiff and informed him that his total PSA test result was 5.34 and it might indicate that plaintiff had prostate cancer. DOCTOR wanted plaintiff to come and have another blood draw to re-test for total PSA and additionally test for free PSA. Plaintiff had the blood drawn on May 10, 2006. His total PSA tested at 5.2 and his free PSA tested at 21 percent, the same as on April 22, 2004 just prior to DOCTOR prescribing a two-year interval between tests.

On May 9, 2006, plaintiff informed DOCTOR that he wanted to get a second opinion from the Stanford Comprehensive Cancer Center. Plaintiff asked DOCTOR for his Notes Reports and recent PSA Laboratory Reports, and DOCTOR indicated that his assistant would provide said medical records. Plaintiff talked to the assistant three times during the next two weeks requesting the records and each time the assistant said that she did not have the time to fax the records to plaintiff.

On May 23, 2006, plaintiff was informed by another DOCTOR’s assistant after telephoning the assistant for a fourth time that plaintiff had to get the records from the central office of HOSPITAL. Plaintiff alleged that it was during this two-week period in May 2006 that DOCTOR forged and falsified plaintiff’s medical records and the assistant knew that he was doing so.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Doctor Fails To Monitor Pregnant Woman’s Use of Accutane in Birth Injury Lawsuit

July 27, 2012 | by Moseley Collins

The following blog entry is written to illustrate an example of a birth injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury lawsuit and its proceedings.)

INJURIES: The mother claimed the plaintiff has developmental delays involving gross motor skills, fine motor skills, speech/language skills, cognition and adaptive/living skills.

Facts:

On July 13, 2004, the plaintiff was born with profound defects. Her mother, preceding the girl’s birth, consulted a physician for Accutane, due to acne. The plaintiff claimed that the drug’s manufacturer had protocols in place due to the association of the drug to severe birth defects, and that the physician failed to adhere to the protocols and failed to monitor the plaintiff’s mother while she was on the drug.

The plaintiff sued the physician for medical malpractice – failure to monitor.

Plaintiff’s counsel claimed that once the mother was prescribed Accutane, she should have been monitored and that the physician failed to monitor the mother’s use before or after she became pregnant. The plaintiff’s birth injuries were a direct result of her mother’s use of Accutane, according to counsel.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Sexual Harassment Lawsuit Brought When Company Fails to Stop Workplace Harassment, Part 2 of 2

July 27, 2012 | by Moseley Collins

The following blog entry is written to illustrate an example of a sexual harassment case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.)

Cameron claimed Damian would grope her, call her demeaning epithets, and tell her that “men were superior to women.” She further alleged that Damian propositioned her for sex by giving her a condom and inviting her to come back to his place. She claimed that Damian would throw pens at her, kick a trash can across the room, and yell that he wanted to “blow the place up.” She also alleged that her director, Jeremy, was aware of the harassment and failed to prevent it.

Cameron also claimed that she had complications from back surgeries, and chest surgeries related to an infection. She alleged that Damian would mock her because of the leave she took from PB. She claimed that when she returned to work early after one of her leaves of absence, even though she still had severe back pain, Jeremy belittled her by saying, “You remind me of last Halloween when you came dressed as an old lady.”
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Longshoreman Claims Fracture and Hypothermia Due To Negligence In San Francisco Boating Accident

July 27, 2012 | by Moseley Collins

The following blog entry is written to illustrate an example of an injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this boating accident lawsuit and its proceedings.)

INJURIES: Penn reported that his fellow longshoremen were unable to rescue him from the water because Homeland Security had removed all of the dockside ladders. He was in the water for 40 minutes before crewmembers from a pilot boat and a fire department responded.

Facts:

On Aug. 6, 2008, plaintiff Calvin Penn, 72, a longshoreman, was assigned to mooring lines, a vessel operated by XYZ Marine Transport Corporation. During the course of the docking procedure in Oakland Harbor, Penn placed the eye of the mooring line over the dockside bollard. When the ship’s mate heaved on the mooring line, it parted at the back splice and swept across the dock’s apron, knocking Penn into the water 15 feet below.

Penn sued the transport corporation for negligent maintenance in regard to the defective mooring line. Plaintiff’s counsel claimed that the mooring line parted due to obvious overuse.

The lawyer asserted that the ship’s mate was negligent for heaving the line when the dock apron was not clear, causing the parted line to sweep him off the dock.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.