Personal Injury Lawyer Blog

Mother Claims Hospital Negligence Causes Birth Injury and Brain Damage To Infant

June 18, 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.)

FACTS/CONTENTIONS

According to court records: Plaintiff Darrol Purt’s mother, Deena Simon, presented to the labor and delivery department of a Sacramento hospital with a history of spontaneous rupture of membranes May 11, 2003. At the time of presentation, she was 35 weeks and two days’ gestation, with an estimated date of confinement of June 11, 2003. Tocolysis was administered to slow the progression of labor, and prenatal steroids were given. The patient was transferred to the labor and delivery department of defendant XYZ Medical Center so that the baby would have access to neonatal intensive care unit and neonatology specialists, if needed.

Plaintiff was delivered by Cesarean section.

After delivery, plaintiff was taken to the neonatal intensive care unit at the hospital, where he was followed by defendants.

On May 19, 2003, plaintiff began having apneic/bradycardic episodes consistent with sepsis. A blood culture was taken, but many hours passed before antibiotic therapy was initiated, and there was no effort to undertake a lumbar puncture.

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

Avid Snowboarder Suffers Brain Injury When Struck In Head At Tahoe Ski Resort, Part 2 of 2

June 18, 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.)

CLAIMED INJURIES

According to Plaintiff: Plaintiff returned to work two days later. She was unable to perform her work and was told to return when she was medically capable of doing so. She treated with a primary care doctor, who noted a bruise on her head and neck tenderness. An orthopedic surgeon felt she had a minimal disc protrusion because of the incident but could not rule out that it might have pre-existed the incident. Plaintiff was placed in a neck brace. When she was weaned from the brace, she started developing other problems, including visual disturbances, sensitivity to light, headaches, right-sided numbness, numbness in her face, dizziness, and exhaustion. Her doctors determined she did not have a traumatic brain injury, and the majority of her treating doctors recommended a psychiatric consult. A headache specialist opined that plaintiff had trauma-induced migraines that would resolve within four to six years. He felt there was medication he could have prescribed to greatly reduce her symptoms and allow her to return to work and normal living. Plaintiff felt she had a negative response to medication and declined medication. She also felt her injuries were physical and declined seeking any psychiatric or psychological care. Plaintiff remained off work until early 2009, when she started work as an outpatient physical therapist three days a week. Defendant contended that plaintiff was not badly injured, that she would have been able to return to work within three months if she had followed her doctors’ recommendations, and that, as a result, she had failed to mitigate her damages.

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

Kaiser Doctor’s Negligence Results In Mother of Three Death In Prescription Overdose, Part 3 of 3

June 18, 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.)

On November 10, 2009, in prescribing the Oxycodone slow release “twice daily” as needed for pain, Dr. Devlin violated the standard of care established by the Black Box Warning. In the alternative, she violated the Family Practice standard of care in failing to give her patient unambiguous instructions as to the correct way to take the Oxycodone. The violations of the standard of care were a substantial factor in causing decedent’ death.

The defense contended that Dr. Devlin did not violate the standard of care for Family Practitioners in continuing to prescribe high levels of narcotic pain medication for decedent when she could not attend the Kaiser Management Program. There is no standard of care for prescribing opioid medications for chronic pain. The Family Practitioner is obligated to continue to prescribe narcotics to control the patient’s pain and is not obligated to taper the patient from narcotics. The patient can be prescribed unlimited amounts as tolerated.

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

Woman Sues Hospital And Claims Negligent Postpartum Procedure

June 18, 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: Anthem alleged the need for emergency corrective surgery and emotional distress. She was seeking damages for past pain and suffering.

Facts:

On June 1, 2006, plaintiff Ruth Anthem, 24, a certified nursing assistant, was admitted to Sutter Memorial Hospital for a scheduled Caesarean section by her primary OB-GYN. The surgery went forward, and Anthem’s son was born.

On June 2, Anthem’s regular OB-GYN followed her and then OB-GYN Jeffery Worth assumed her care while on-call over the weekend. On June 3, Worth evaluated Anthem in the morning, noting that she was afebrile and doing well. He examined the abdominal incision from the C-section and did not note any problems. Worth made orders for removal of the skin clips to be replaced by steri-strips in anticipation of discharge home.

The nursing staff contacted Worth later that afternoon to confirm his orders and advise of a small amount of serosanguineous drainage from the incision, though the clips remained intact and wound edges well-approximated. Worth reiterated that it was okay to proceed with the clip removal and placement of steri-strips.

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

Man Claims Surgeon Responsible For Hand Loss and Subsequent Job Loss, Part 2 of 4

June 18, 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.)

Serri claimed that on April 25 he heard a pop while buttoning his shirt and that over the next two days some swelling and redness developed in his right hand. Serri claimed that he called Stevens’s office on April 28 and advised one of the staff about the swelling and redness. Serri claimed that he received a return call later that day in which he was told that Stevens had indicated that redness and swelling were normal and not to worry about them, and that Serri did not need to be seen.

Serri testified that by May 15 the redness and swelling had disappeared, but returned and became progressively worse each day after using his hand on a job starting May 17. Although he testified that his finger had become extremely swollen and that he was progressively unable to bend it, Serri continued to work until May 25 and did not report these problems to his employer or any doctor. Serri testified that a couple of days before May 25 the finger was in a fully extended position and that he could not bend it at all. Serri testified that he decided to wait until May 25 to report the problem because he had an approved workers’ compensation appointment scheduled on that date for his left hand. On May 25, Stevens evaluated the finger and clinically diagnosed probable rupture of both flexor tendons. Stevens also received a history from Serri indicating that three weeks before the visit Serri had been lifting heavy steel plates at work and that bruising of the finger had developed during this time. Stevens scheduled an urgent MRI for May 26 in anticipation of reconstructive surgery.

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

Young Man Alleges Car Crash Ruined His Military Career, Part 1 of 2

June 18, 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: German alleged a mild traumatic brain injury and cognitive deficits. After the accident, he was taken to an emergency room. The paramedic report and ER records indicated that there was no loss of consciousness and that neurological exams were normal. A CT scan of his brain 72 hours after the accident was normal with no signs of bleeding, swelling or bruising. German returned to school and took the California High School Exit Examination within 72 hours of the accident.

Facts:

On May 8, 2005, plaintiff Sal German, 17, a high school student, was a passenger in a sport utility vehicle that was riding on Avenue K in Sacramento. The SUV was struck head-on by a car operated by allegedly drunk driver Devon Boon, who lost control of the vehicle as he came around a curve in the road.

German, who was no longer a minor at trial, sued Boon and Boon’s employer, the owner of the vehicle, for motor vehicle negligence.

The employer settled before trial for $8,186,000, and the case proceeded against Boon.

Prior to trial, Boon pled not guilty to drinking and driving charges, and claimed that a defective brake pedal in the vehicle and a dangerous curve on the road caused the collision.

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

Vehicle Collided at Traffic Circle in Sacramento Residential Area

June 18, 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.)

INJURIES: Two years after the accident, Gertrude underwent a C4-5 and C5-6 fusion surgery.

Facts:

On May 11, 2004, plaintiff Harriet Gertrude, 40, a former computer program manager who was unemployed at the time, was driving a sedan westbound on the inside lane of a traffic circle in Sacramento, CA. Stuart Heinsman was driving a compact car southbound. He entered the traffic circle after passing a yield sign, and the front left of Heinsman’s auto struck the front right of Gertrude’s auto.

Claiming physical damages, Gertrude sued Heinsman for motor vehicle negligence.

Gertrude claimed that Heinsman failed to yield at the yield sign.

Gertrude later underwent a carpal tunnel release to her right wrist and ulnar nerve transposition to her right elbow.

Gertrude claimed that her surgery and other procedures resulted directly from the car accident, claiming medical specials of $70,000.

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

Unleashed Pit Bulls Attack Two Pedestrians Causing Multiple Injuries

June 16, 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 dog bite lawsuit and its proceedings.)

INJURIES: Zane sustained lacerations to his left forearm, right leg, calf and left buttock and pain in his left wrist. He received stitches for his wounds. He claimed $11,985.85 in past medical expenses.

Facts:

On April 30, 2008, plaintiffs Liam Zane, 44, a driver for a freight company, and Jimmy Kzech, 58, a small business owner, were attacked by two dogs in Sacramento. The dogs — owned by Ching and Lee Sawe — were Pit Bull mixes which were unleashed and had reportedly escaped from the Sawes’ yard.

At the time of the incident, Zane was walking his dog in front of his home, when the Sawes’ pooches — probably agitated by the presence of his dog — attacked him without provocation. Subsequently, the canines ran down the street and attacked Kzech, who was walking with his wife near their residence.

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

San Jose Medical Malpractice Claim Brought After Child Is Born With Cerebral Palsy, Part 2 of 2

June 16, 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.)

Defendant hospital #1 had a policy of using NRP-certified nurses to attend deliveries, although it had a contract with defendant hospital #2 to provide physicians to staff the NICU. At the time, there was a pediatrician on the unit, but she was not notified about this delivery until 6:41 p.m. The pediatrician arrived in the OR at 6:45 p.m. and assisted with the resuscitation. At 6:48 p.m., the baby was moved to the Special Care Nursery, where it was noted that the oxygen saturations were very low. At 7:07 p.m., the baby was re-intubated, and his vital signs and oxygen saturations improved. Although the cord blood gas showed a normal pH, a blood gas that was obtained just prior to the re-intubation showed a pH of 6.5 and a pCO2 of 130. The neonatologist arrived in the SCN at 7:15 p.m., and he arranged for the baby to be transferred to the NICU at defendant hospital #2 for brain cooling, with a diagnosis of hypoxic-ischemic encephalopathy. An MRI on July 19, 2008 showed injury to the basal ganglia and hippocampi.

Plaintiff alleged that, since the FMS was normal on admission to the hospital, the baby’s hypoxic injury occurred during the delivery and immediate neonatal period when the ETT was likely misplaced and caused further hypoxia and metabolic acidosis. The mother likely had oligohydramnios and chorioamnionitis, which led to decreased placental function and a depressed infant at birth. Proper resuscitation would have improved the outcome.

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

Company’s Odd Behaviors Result in Sexual Harassment Case, Part 2 of 2

June 11, 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.)

Osprey’s initial lawsuit named AO and its officers. Osprey alleged sexual harassment, assault, battery, sexual battery and intentional infliction of emotional distress.

In regards to the claim regarding the failure to pay the settlement, the defendants argued that the settlement was not completed until a bank could finance the payment of it, and therefore the companies were not bound by an incomplete agreement.

Plaintiff’s counsel contended that the settlement document stated that the “defendant, and their insurance carrier, Carolina Casualty, shall pay … $1,400,000 in full settlement …” with the settlement to be paid $1.2 million in cash and the other $200,000 to be paid over four years pursuant to a promissory note, the terms of which were described in the stipulation. The stipulation also stated that the $200,000 note was to be guaranteed by “Monitor Ins.” Monitor disputed that it was a party to this stipulation, claiming that its agent at the mediation was authorized to sign only on behalf of Carolina Casualty.

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