Personal Injury Lawyer Blog

Man Claims Rear-End Car Accident Causes Brain Injury

July 27, 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.)

INJURIES: Vernon was taken by ambulance from the scene of the accident to the emergency room. He claimed he suffered a mild traumatic brain injury, as a result of hitting his head on the “B” pillar of his truck during impact. He also claimed ongoing, soft-tissue injuries to his lower back.

Facts:

On March 17, 2009, plaintiff James Vernon, 39, a landscape/construction business owner, was driving his pick-up truck south in Sacramento, CA. At approximately 8 a.m., Vernon was rear-ended by a van operated by Jim Armen, who traveling approximately 25 mph, as Vernon, driving 5 mph, was slowing to make a left turn into a driveway. Vernon claimed injuries to his head/brain and back.

Vernon sued ABC Nursery, Armen’ employer, and Val Germain, the owner of the nursery. Vernon alleged the defendants were vicariously liable for Armen’ vehicular negligence since he was in the course and scope of his employment at the time of the accident. Vernon claimed that Armen was inattentive to traffic, causing the accident and his personal injuries.

The defendants admitted liability on the eve of trial, and the matter proceeded to a trial on causation and damages.

Vernon’s X-rays and a brain MRI were negative, although he underwent a PET scan which allegedly showed a brain injury.

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

Kaiser Hospital Fails to Recognize Signs of Medication Toxicity in Medical Malpractice Case

July 27, 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: Relish suffered kidney failure and pneumonia. She was on dialysis and hospitalized from December 2005 until her death on July 26, 2006. She is survived by her two adult children.

Facts:

On Oct. 29, 2005, plaintiffs’ decedent Mary Relish, 78, was admitted to a Kaiser hospital suffering from non-Hodgkin’s lymphoma and trigeminal neuralgia. She was prescribed Tegretol for her condition, which she took until she presented to Kaiser on Dec. 8, 2005, suffering from possible Tegretol toxicity. Her kidneys failed, and she ended up on permanent dialysis as well as operating on a ventilator and suffering from pneumonia.

Relish died July 26, 2006. She remained in the hospital until her passing.

Relish’s two grown children sued Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals, and Southern California Permanente Medical Group, alleging medical malpractice. They contended that Tegretol was contraindicated since their mother had been taking Prozac, Claritin and Darvocet as of Oct. 19, 2005. They claimed that Kaiser staff failed to conduct an initial blood work analysis and failed to discontinue the drug when Relish showed the first signs of Tegretol toxicity. They also contended that the hospital’s negligent care is what kept Relish hospitalized until her death.

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

Injured Motorcyclist’s Medical Care Results in Comatose Condition in Sacramento Personal Injury Lawsuit, Part 2 of 2

July 27, 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.)

Plaintiff was taken to surgery at 4:20 p.m., where a hole was found in the stomach with the g-tube floating free in the abdomen. The surgeon concluded that plaintiff had sepsis as the cause of his arrest. Plaintiff suffered a second cardiac arrest that night after surgery but was successfully resuscitated. However, he remained in a coma. He later developed gangrene in both legs, requiring above-knee amputations, as a consequence of his initial injuries.

Plaintiff alleged that defendant hospital nurses were negligent for causing the perforation/peritonitis by improper handling of the PEG tube and failing to notify physicians about plaintiff’s condition. All physician defendants were negligent for failing to diagnose plaintiff’s condition before he suffered a cardiac arrest from sepsis which caused hypoxic brain injury beyond his initial brain injury from the motorcycle accident.

The defense contended that all care provided was within the standard. Plaintiff presented with a very complicated surgical condition, and he has a very short life expectancy. His initial brain injury would have precluded future employment.

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

Construction Companies’ Negligent Maintenance of Construction Site Cause Sacramento Car Accident

July 27, 2012 | by Moseley Collins

The following blog entry is written to illustrate how a car accident lawsuit might follow. Reviewing this kind of case 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 car accident lawsuit and its proceedings.)

Summary of Facts:

In April 2001 Jim Mire and his wife, Dallas Mire, were traveling east on A Road in Sacramento, CA. Mire said he stopped at the stop sign at the intersection of A and B Street and then proceeded through the intersection and entered a construction project, which he claimed was inadequately marked and unlighted. While maneuvering around the construction cones, his vehicle hit a gravel pile and became airborne and rolled over. Dallas Mire, who was seated in the front passenger seat, was ejected from the car and killed when the vehicle landed on her. She was pronounced dead at the scene. Mire testified at his criminal trial regarding the accident that he had had two beers prior to the accident.

According to Dr. Tent, Mire “sustained a significant de-gloving injury to his right thigh, requiring numerous surgeries.” Tent also said Mire reported losing consciousness at the scene of the accident and said there were changes in his brain as a result of the accident. Mire said he had significant pain in his thigh and hands and had difficulty sleeping.

According to XYZ Construction, Inc., it was the prime contractor for a park expansion project that was the scene of the accident. XYZ subcontracted with 123 Enterprises to construct the site preparation and 987 Barricade to install bumpers, cones and signage in accordance with a barricade plan.

Mire filed a lawsuit in Sacramento County District Court against the city and the three construction companies. Janice Penn, acting as the Administratrix of the Estate of Dallas Mire, sued the same defendants and also sued Mire. Mire and Penn’s cases were consolidated.

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

Man Sues Hospital For Medical Malpractice After Claimed Failure To Treat

July 27, 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: Alex’s right foot ulcerations healed, but he had Charcot foot in the left foot. He underwent a mid-foot fusion performed by a podiatric surgeon as well as an Achilles tendon lengthening procedure.

Facts:

In September 2006, plaintiff Kirk Alex, 48, a truck driver, was referred to podiatrist Ben Platt for diabetic ulcerations of his right foot.

Alex sued Platt, contending that Platt failed to diagnose Charcot foot.

Plaintiff’s counsel presented evidence through a forensic document examiner that Platt altered his records by re-writing the notes of each office visit. Platt’s failure to make a timely diagnosis allegedly resulted in a poorer outcome than Alex would have obtained otherwise, as surgery could have been avoided if the foot had been placed in a non-weight baring status. It was the continued use of his left foot that caused fractures and dislocation, according to plaintiff’s counsel. Counsel contended that the left foot condition had started by the time of the initial consultation with Platt on Sept. 20.

Platt responded that the left foot injury had not occurred before Sept. 20. The defense podiatry expert showed bilateral X-rays taken by Platt on Sept. 20 that the left foot injury had not yet occurred. He also put on that X-rays were Alex’s films. The tissue envelope evident in the films was normal and equal in both feet, according to defense counsel.

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

Negative Outcome of Back Surgery Initiates San Francisco Medical Malpractice Suit, Part 3 of 4

July 27, 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.)

Post-operatively, plaintiff’s severe pain resolved. Dr. Michaels continued to follow her for several months. At the time of plaintiff’s last visit with Dr. Michaels, plaintiff continued to have proprioception issues, bladder urge incontinence, and decreased sensation in her leg and peroneal areas. Her reflexes were normal. Her left leg strength was 4/5, and her right leg strength was normal. She had returned to work with accommodations.

Plaintiff underwent outpatient physical therapy from September 14, 2007 to October 15, 2007. At the end of this course of therapy, plaintiff could ambulate independently with a quad cane for short distances. Plaintiff also underwent a course of physical therapy from January 9, 2009 to February 17, 2009. At discharge, plaintiff was using a front-wheeled walker for ambulation. According to plaintiff, she requested that therapy be stopped because she did not feel that she was making progress and her therapist agreed.

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

San Jose Medical Malpractice Suit Arises When Doctor Falsifies Notes, Part 2 of 3

July 21, 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.)

DOCTOR did not state in his April 30, 2004 Notes Report that he told plaintiff on April 30, 2004 that plaintiff’s free PSA was 21 percent on April 22, 2004 or that he told plaintiff on April 30, 2004 that his free PSA was 26 percent on April 22, 2004, but does state in the report: “His percent free PSA in 10/2002 was 26 percent, indicating no significant risk of prostate cancer at that time.” With this statement, DOCTOR falsified his April 30, 2004 report.

Jensen ordered the free PSA test and the two total PSA tests from plaintiff’s April 22, 2004 blood draw but never informed plaintiff on or after April 22, 2004 that his free PSA test result was 21 percent on April 22, 2004 or the fact that it had dropped from 26 percent on October 30, 2002.

At the April 30, 2004 DRE session, DOCTOR informed plaintiff that his total PSA had come down with the last three total PSA tests. DOCTOR prescribed a two-year testing interval for plaintiff’s next DRE and PSA tests. Plaintiff initially objected and asked DOCTOR, “I’m not going to wake up two years from now with prostate cancer, am I?” DOCTOR responded, “No, you won’t.” Plaintiff responded, “Are you sure?” and DOCTOR responded, “Yes, I am. You are going to be fine. Don’t worry about it. Your last three PSA tests have come down.” Plaintiff responded, “Okay, I’m trusting you.” DOCTOR did not state in his April 30, 2004 Notes Report that he prescribed a two-year testing interval but stated he told plaintiff: “Recommend annual digital rectal examination and serum PSA.” With this statement, DOCTOR falsified his April 30, 2004 Notes Report.

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

Hospital Negligence Lead to Birth Injury to Fetus, Part 2 of 2

July 20, 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.)

Plaintiff as Guardian ad litem and mother of Baby filed a lawsuit against HOSPITAL, Perinatologist, and OB intern in the Sacramento County Superior Court. The plaintiffs claimed the doctors were negligent when they failed to comply with the appropriate standard of care at the time by failing to order and perform appropriate work up and monitoring, failing to ensure and/or develop a plan for delivery, failing to deliver the baby after completion of the steroids, failing to properly inform Plaintiff of the risks and benefits of premature delivery against the risks of expectant management, failing to keep the mother on the labor and delivery unit instead of moving her to MBU, and failed to regularly monitor the patient after transfer to MBU.

Plaintiff asserted Perinatologist was negligent when she failed to examine her upon admission but charged for services.

Plaintiff contended HOSPITAL was also liable for the failure of its nurses and employees to comply with the appropriate standard of care at the time. The plaintiff also asserted OB intern was acting within the scope of his employment with HOSPITAL.

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

Woman Alleges Company Failed To Stop Sexual Harassment, Part 1 of 2

July 20, 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.)

INJURIES: Cameron is a mother of four and married for 14 years. As a result of her experience at PB, she claimed she suffers from post-traumatic stress disorder, adjustment disorder with anxiety and depression, and acute stress. Her interactions at PB also affected her marriage and her family life. She sought recovery for her emotional distress.

Facts:

From 2002 through 2008, plaintiff Jennifer Cameron worked at PB Entertainment Group Inc. as a cable television operator. She claimed that her co-worker Craig Damian subjected her to a hostile work environment. Cameron and Damian’s joint supervisor was Candice Jeremy. Cameron further claimed that Becky Vasquez, the senior director of human resources at PB, knew about the conduct.

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

Tour Boat Passengers Said They Thrown to Floor During Quick Turn in San Francisco Boating Accident

July 20, 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: Jacque Bolie sustained a fractured left hip. He subsequently underwent a hemiarthroplasty on May 8, followed by hospitalization. He also underwent more than a year of physical therapy.

Facts:

On May 7, 2009, plaintiffs Jacque Bolie, 73, retired, and his wife, Ana Bolie, 72, retired, both citizens of France, were on a one-hour tour of San Francisco Bay on the Harbor Princess, operated on the bay by Lew Ramon. During a turn, Jacque Bolie was thrown to the floor and a table in the passenger cabin fell over on top of him. Ana Bolie was also thrown to the floor and saw her husband crushed by the table.

The Bolies sued Ramon for improper operation and failure to warn. They also sued the managing companies for respondeat superior, common carrier liability, inadequate inspection, maintenance and repair.

The plaintiffs claimed the tour boat made a mis-timed and mishandled turn, and as a result, Jacque Bolie, who was sitting on a fixed bench, was thrown to the floor. The plaintiffs alleged that the table that crushed him was unsecured.

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