Personal Injury Lawyer Blog

Severe Brain Injury Sustained Following Motorcycle Crash in Sacramento, Part 3 of 3

April 10, 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.)

When he returned his attention to the road, he became aware that the traffic had already stopped. He panicked, steered left towards the center divider and improperly slammed on his rear brake. His actions were entirely contrary to proper motorcycle operation, which requires that riders steer straight and use both the front and rear brakes in an emergency braking situation. Welming’s actions caused the rear wheel to lock up and sent the motorcycle into a 73-foot skid toward the center divider. He then let off the brake, steered right, and improperly applied only the rear brake again, which locked the rear wheel a second time and caused the motorcycle to skid toward the number 2 lane for 116 feet. During the second skid, Welming lost control of the motorcycle. At this point, Janice Welming was thrown from the rear of the motorcycle.

CLAIMED INJURIES
According to court records:
Janice Welming: severe traumatic brain injury; aphasia; cognitive deficits; memory lapses; skull fracture; craniotomy; closed-head injury; intracranial hemorrhage fractures of the facial bone; three rib fractures; multiple pulmonary contusions; fractured right scapula; complex regional pain syndrome; brachial plexopathy; ear laceration; vision loss; abrasions.

Jerry Welming: minor bruises.

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

After Car Accident Child Diagnosed With Paraplegia, Parents Sue San Jose Hospital, Part 2 of 2

April 9, 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.)

The plaintiffs’ orthopedic surgery expert testified that the strong statistical probability was that some additional improper movement at the hospital (before surgery) caused the spinal cord injury, and if Katlyn had movement of her legs when she arrived at the hospital she should have continued to have that movement if the appropriate precautions were taken. The expert added that a verbal order was insufficient, and that regardless, there was no proper documentation by the nurses that there even was a voiced request for lumbar or thoracic spinal precautions when Melon removed the cervical spinal precautions in the emergency room.

Melon countered that he provided appropriate care at all times, that Katlyn’s injuries at L2-3 and T-10 were caused solely by the automobile accident, and that nothing could have been done to Katlyn at the hospital that could have prevented her paraplegia. Melon further contended that he gave verbal orders to put spinal precautions in place, and that it was custom and practice for the trauma team to do so in situations like Katlyn’s.
The defense’s trauma surgery expert claimed that the medical record did not document any improper movements in the hospital, and that a verbal order, as testified to by Melon, would be sufficient to comply with the standard of care for a trauma surgeon.

The neuroradiology expert for the defense opined the subsequent imaging (there was no MRI done before the abdominal surgery) supported his opinion that the spinal injuries occurred in the auto accident.

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

Father Dies After Nurses Fail To Monitor in Hospital in San Francisco Medical Malpractice Lawsuit, Part 2 of 2

April 9, 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.)

Plaintiffs’ counsel contended that during the 13 minutes following the intubation and during the prolonged CPR process, Vasquez experienced a severe anoxic insult to his brain and never regained consciousness.

The plaintiffs contended that the original intubation was placed esophageally, not tracheally, and that the hospital’s claim that Vasquez was saturating in the 90s and then suddenly became bradycardic was untrue, and physiologically impossible. Counsel noted that there were no oxygen saturation (SpO2) values recorded in the chart. The lawyer contended that the hospital’s failure to monitor Vasquez following intubation allowed his oxygen saturations to progressively drop to the point where he could no longer sustain cardiac function and went into cardiac and respiratory arrest.

The lawyer further contended that following the cardiac and respiratory arrest, the hospital failed to attempt to re-intubate Vasquez and instead tried to ventilate him via bag valve mask ventilation. Counsel asserted that, had respondents appropriately monitored Vasquez following intubation, it would have become evident that he was not properly intubated long before he went into respiratory and cardiac arrest, and that the delay in re-intubating Vasquez further contributed to his anoxic brain injury.

The hospital responded that the ER doctors’ post-intubation examination confirmed tracheal placement of the endotracheal tube. Although the medical record did not contain any recordation of oxygen saturation following the intubation, the defense insisted that Vasquez’s oxygen saturations were in excess of 90 and remained so following intubation.

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

College Coach Claims He Was Wrongly Fired in Racial and Sexual Harassment Case

April 9, 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: Youman sought recovery for lost wages, benefits, medical expenses and mental suffering. He is currently working at a new position coaching the NCAA Division II baseball team at Benedict College in Columbia, S.C.

Facts:

Plaintiff Segero Youman, a 50-year-old black male and a former Sacramento College head baseball coach and adjunct instructor at Sacramento College and California College, claimed that he was initially hired in February 2006 and fired without the required approval of then-President Dr. Sam Murk. After complaining about the misuse of funds to the Board of Trustees of the Sacramento College District in September 2007, Youman was reinstated on Sept. 20, 2007, only to be fired as head baseball coach again two weeks later. His last teaching assignments at Sacramento College and California College were taken away in December 2007.

Youman sued the Sacramento College District for retaliation, after he claimed he was not renewed for reporting to the board and college president fraud and other wrongdoing by school officials (such as that assistant coaches were being paid, but not coaching), as well as retaliation for reporting violations of statute, retaliation for opposing discrimination, failure to prevent retaliation, violation of Labor Code section 1102.5 and racial discrimination.

Youman also sued his boss, Matt Murdok, the athletic director and head basketball coach, for racial discrimination and sexual harassment, and Murdok’s assistant coach Dave Casen for aiding and abetting discrimination.

Youman contended that Murdok gave “no-show” coaching assignments worth thousands of dollars to his associates and arranged for students to be given credit for classes they failed or never attended. He further contended that Murdok used the computer password “hailhitler” and unlike white coaches in other sports, Youman claimed he could not select his paid assistant coaches during the 2007 season and that Murdok hired a relative of his and Casen as no-show assistant coaches for Youman’s teams. Youman claimed that one of the no-show assistant coaches did errands for Murdok, while billing the school for his time, and Casen allegedly told another coach that he went to games “to collect a check.”
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Sacramento Bus Driver Is Negligent With Passenger, Causing Severe Injury, Part 2 of 2

April 9, 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 slip and fall lawsuit and its proceedings.)

Three months after she fell on the bus, the plaintiff recognized that her injury wasn’t healing properly and sought treatment. The plaintiff’s wound was surgically repaired, but her surgeon determined that the skin in the affected area was so thin and caused so much pain, that she needed to undergo an amputation.

Plaintiff’s counsel asserted that the plaintiff had enjoyed five consecutive, asymptomatic years immediately before the bus accident, and that the osteomyelitis recurrence, ulcer and subsequent amputation all resulted from the fall.

Plaintiff’s counsel argued that the plaintiff would require a new prosthetic leg every two years and pain management therapy, and that she would need a wheelchair and would have to reduce her work schedule to 20 hours per week.

The plaintiff sought about $1 million in economic damages, including about $750,000 for future medical care, plus unspecified damages for past and future pain and suffering.

ABC Transit argued that the fall on the bus wasn’t the reason the plaintiff needed the amputation. Counsel contended the plaintiff’s leg would have been amputated anyway due to the extensive injury and surgery in the affected location.

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

Woman Claims Dentist Failed to Diagnose Cancer in Sacramento Medical Malpractice Lawsuit, Part 4 of 4

April 9, 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.)

CLAIMED INJURIES

According to Defendant: Plaintiff claimed she had part of her tongue removed, changes in taste, feeling, and range of motion of her tongue. She also claimed that, as a result of developing cancer, rather than having a pre-malignant lesion removed earlier, she was at risk for developing more pre-cancerous lesions.

CLAIMED DAMAGES

According to Defendant: Plaintiff asked for special damages consisting of $89,000 in past medical/dental bills paid by insurance, $2,300 in insurance co-payments, and $1,500 in mileage. She asked for $100,000 to $200,000 in past general damages and $100,000 in future general damages.

SETTLEMENT DISCUSSIONS

According to Defendant: At a pre-trial mediation, plaintiff demanded $200,000. She served a CCP § 998 offer for $75,000. Defendant served a CCP § 998 offer for $9,999. Dr. Meier settled pre-trial for $25,000.

EXPERT TESTIMONY

According to Defendant: Plaintiff’s expert testified that defendant breached the standard of care that required biopsying a white lesion that does not wipe off or resolve after two to four weeks. As a result, the lesion in June 2008 advanced from a pre-malignant lesion to cancer. He stated further that because she developed cancer, she is now prone to developing more pre-malignant lesions in her head and neck area. Defense expert testified that the standard of care was met.

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

Sacramento Man Killed When Spooked Horse Collides With His Car, Part 1 of 2

April 9, 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.)

CASE INFORMATION
FACTS/CONTENTIONS

According to Plaintiff: Decedent Sam Leonard, a 48-year-old real estate agent, was driving along Folsom Road in Sacramento in the early morning hours of February 12, 2005, when a horse ran on to the road and collided with Leonard’s vehicle. Leonard and the horse were killed instantly. Plaintiffs, decedent’s 46-year-old wife, 22-year-old son, and 19-year-old son alleged the corral, owned by defendants Max and Karen Surely, in which the horse was kept, was built of inadequate materials and was dilapidated. The dilapidated fence allowed for the horse to easily break through the fence and escape.

Defendants argued that their fence was adequate, given that their horses had never attempted to escape from the property before.

During the course of discovery and investigation, it was learned that a large Siberian tiger had escaped from a wild animal sanctuary and was roaming through Sacramento County at the time of the accident. The tiger and its tracks were observed at various locations in Folsom and El Dorado Hills, both east and west of the Surelys’ property, and both before and after the accident. An animal print was also found on a fence post on the Surelys’ corral. Due to heavy rains at the time, no other animal prints were found.

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

Elderly Woman Falls Off Bedside Commode in San Jose Medical Malpractice Lawsuit, Part 1 of 2

April 9, 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.)

FACTS/CONTENTIONS

Kaiser Medical Malpractice Lawsuit Arises After Man Is Misdiagnosed In Emergency Room

April 9, 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: Flemming sustained permanent brain damage as a result of an ischemic stroke. He suffers from cognitive impairment and was unable to return to his employment because of an inability to perform complex calculations or to multi-task. He experiences memory loss and confusion and claimed that he is limited in terms of employment options.

Facts:

On March 18, 2008, plaintiff Blain Flemming, 33, a project manager for an electrical subcontractor, suffered an ischemic left-sided stroke with left inferior frontoparietal lobe, occipital lobe and cerebellar infarcts. Flemming was unable to speak clearly, had difficulty walking, had a major headache and showed other symptoms of a stroke. Flemming was taken by ambulance to Kaiser, arriving within one hour of symptom onset. Kaiser’s employees diagnosed Flemming with food poisoning. Although he could not walk or talk coherently, Flemming was discharged from the hospital.

Flemming claimed Kaiser’s emergency room physicians failed to perform a proper neurologic work-up for his stroke, failed to obtain a consult from a neurologist and failed to administer tissue plasminogen activator (tPA), a known clot-busting drug. Flemming alleged that administration of the drug would have resolved his stroke symptoms.

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

Sacramento Injury Lawsuit Results After Motorcycle and Car Crash

April 6, 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 motorcycle accident lawsuit and its proceedings.)

CASE INFORMATION
FACTS/CONTENTIONS

According to court records: On July 21, 2007, at 10:40 a.m., plaintiff Larry Burt was operating his motorcycle west on California Road, east of Placerville in an unincorporated section of Placer County, California.

Defendant Wallas Tames, a resident of California, drove a pickup truck with a trailer east on California Road and collided with plaintiff’s motorcycle. Defendant said he crossed over the center line in a curve and sideswiped plaintiff.

Plaintiff alleged defendant was negligent.

Defendant conceded liability and defendant would not argue comparative fault.

CLAIMED INJURIES
According to court records:

Leg fracture; degloving injury to knee; knee replacement surgery.

CLAIMED DAMAGES
According to court records:

$50,000 past medical; $25,000 to $50,000 future medical.

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