Personal Injury Lawyer Blog

Infant Born With Cerebral Palsy in Sacramento Birth Injury Lawsuit, Part 2 of 3

April 5, 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.)

Although the fetal monitor did not show any distress at that time, at 10:52 a.m., the perinatologist ordered a delivery by C-section, which was then scheduled for noon. At 11:00 a.m., a labor and delivery nurse came in to take over care from the antenatal nurse since a C-section had been ordered. The nurse claimed that she did not know that the doctor had ordered continuous fetal monitoring and canceled the bathroom privileges when he ordered the C-section. The nurse started to prep the mother for surgery, but the mother had to go to the bathroom, so the nurse discontinued the monitor. She then went to get a surgical cap for the mother and was told that the surgery was being delayed because another patient arrived by ambulance with premature twins that needed an emergency C-section.

At 12:40 p.m., another L&D nurse came in to take over the care, and she was made aware that the fetus was not on the monitor. She attempted to find the fetal heart rate but could not find the heartbeat because of the transverse lie. At 12:59 p.m., the nurse called to the nurses’ station for assistance. Two other L&D nurses came into the room at 1:01 p.m., but they also could not find the heartbeat on the monitor. At 1:05 p.m., the nurse called the doctor who was at the nurses’ station.

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

Sacramento Motorcycle Accident Leaves Passenger With Major Brain Injury, Part 2 of 3

April 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.)

Plaintiffs claimed that the accident was the result of misrepresentations made by both the dealer who sold them the motorcycle and the manufacturer of the motorcycle.

Plaintiffs claimed negligent misrepresentation against defendant Harley of Sacramento and its employee Temple and claimed strict products liability against defendants Harley-Davidson and Harley of Sacramento based on theories of a design defect and failure to warn related to the braking systems and indicator lights of the motorcycle. Even though plaintiffs’ motorcycle did not have ABS brakes, Harley-Davidson designed the non-ABS-equipped motorcycle with an ABS icon on the tachometer as if the motorcycle had ABS installed on it. Additionally, they alleged, Harley-Davidson intentionally designed its ABS-equipped motorcycles so that the ABS components were concealed.

Plaintiffs claimed that had their motorcycle been equipped with ABS brakes as they reasonably believed based on the representations of the dealer and the appearance of the motorcycle, which indicated to them that their motorcycle had ABS brakes, either the accident would not have occurred or Janice Welming’s injuries would not have been as severe. Plaintiffs also claimed that the accident would have been avoided had defendants warned them that their motorcycle was not equipped with ABS brakes because Welming would have operated the brakes differently.

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

Parents of Child Sue San Jose Hospital After Claimed Negligent Treatment, Part 1 of 2

April 2, 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.)

INJURIES: Katlyn was diagnosed as a functionally complete T-10 paraplegic. The plaintiffs asked for an award of $15.8 million: $632,970 in past economic damages, $10,208,009 in future economic damages and $5 million in past and future general damages.

Facts:

On Dec. 27, 2005, minor plaintiff Katlyn Soosh, 4, was a lap and shoulder belted rear seat occupant of a 2004 Chevrolet Tahoe when it was involved in a single-vehicle accident on Interstate 5, in an unincorporated part of San Jose County. Katlyn was transported by a helicopter to Children’s Hospital of Central California, and upon arrival her care was directed by pediatric trauma surgeon, Dr. Derrek Melon. Katlyn’s initial examination revealed an abdominal injury from the seat belt that required surgical repair, as well as mid-back swelling and suspected spinal ligamentous injury. No written orders were made at that time regarding instituting spinal precautions. The initial X-ray of the lumbar spine was originally read by the radiologist as negative, but later changed to reflect a probable chance fracture at L2-3. Melon performed the abdominal surgery.

Katlyn, by her guardian ad litem, sued Melon, alleging medical malpractice. The hospital was also sued, but it settled out prior to trial.

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

San Francisco Man Dies at Hospital In San Francisco Wrongful Death Lawsuit, Part 1 of 2

April 2, 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.)

INJURIES: Vasquez lost his life.

Facts:

On Aug. 28, 2007, plaintiffs’ decedent Larry Vasquez, 62, retired, was brought via ambulance to a South San Francisco emergency room with complaints of shortness of breath that had been increasingly worsening over the previous several days. He was morbidly obese with a history of respiratory problems including obesity hypoventilation syndrome, obstructive sleep apnea and chronic obstructive pulmonary disease which had necessitated his intubation on two previous occasions in less than one year.

While in the ER, Vasquez experienced respiratory arrest and severe anoxic insult to his brain. He died several weeks later.

Vasquez’s three adult children sued for medical malpractice.

On ER arrival, Vasquez’s oxygen saturations were noted to be 88 percent on room air and the emergency physicians evaluated and placed him on BiPap, according to plaintiffs’ counsel. When oxygen saturations did not improve on BiPap and Vasquez became progressively more obtunded, ER physicians decided to intubate. Counsel claimed that multiple attempts at intubation were made by two separate physicians. The last intubation was believed to be placed tracheally, however, yellow fluid was seen coming from the endotracheal tube 13 minutes after the intubation. Physicians reportedly claimed that Vasquez suddenly became bradycardic and ultimately asystolic.

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

Professor Claims Sacramento Sexual Harassment Lawsuit Against Community College

April 2, 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: Herman claimed $210,000 in economic damages and additional damages for her mental and emotional distress.

Facts:

In August 2002, plaintiff Cassandra Herman, a speech professor, was diagnosed with post-traumatic stress disorder (PTSD), after collapsing on the campus of Sacramento Community College, where she was a staff professor for 20 years. Herman claimed the PTSD stemmed from an alleged sexual assault incident involving a dean at the college years before. After being diagnosed, Herman went on a three-year leave of absence, returning on a part-time basis in 2005.

Herman claimed that her superiors at Sacramento attempted to defame her reputation and remove her from the staff due to her extended leave. She applied for a faculty exchange program to a community college in Hawaii, but Sacramento denied her request. Herman also claimed she was denied multiple requests to teach online classes as an accommodation.

Herman sued Sacramento Community College District, alleging disability discrimination, sexual harassment and defamation, as well as a violation of Education Code section 87031.

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

Woman Slips and Falls on Bus Ultimately Causing Amputation of Ankle, Part 1 of 2

April 2, 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.)

INJURIES: Years before the bus accident, the plaintiff’s left ankle was crushed in a car accident. The injuries sustained in that accident caused the plaintiff to develop osteomyelitis, which required multiple general and plastic surgeries to treat, the end result of which was a very thin veil of skin on the plaintiff’s left ankle.

Facts:

On Sept. 1, 2005, the plaintiff, a computer programmer, boarded an Sacramento County Transit bus in downtown Sacramento, and proceeded to take the first available seat, along a row of four seats which were designated for disabled passengers. As the plaintiff held the handrail and attempted to sit down, the bus accelerated and departed the bus stop. The plaintiff fell.

The plaintiff sued ABC Transit, contending that the driver failed to allow the disabled plaintiff enough time to get seated before he drove away from the bus stop.

ABC transit argued that it couldn’t be held liable because the plaintiff didn’t present a disabled bus pass to the driver. Counsel argued that, since the bus driver didn’t know the plaintiff was disabled, he wasn’t required to wait for her to be seated before accelerating the vehicle.

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

Sacramento Medical Malpractice Case Brought Against Dentist After Cancer Spreads, Part 3 of 4

April 2, 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.)

Plaintiff returned on February 25, 2009. She was seen by defendant. This day she complained that the left lateral border of the tongue was painful. A white lesion was present that could not be wiped off.

On February 25, defendant referred plaintiff to an oral surgeon for evaluation of the white lesion on the left lateral border of the tongue. The doctor’s referral sheet noted that it had been there for a while and was becoming painful. Defendant understood the lesion had been there for several weeks.

Plaintiff, instead, went to her primary care physician, who referred her to a different oral surgeon. She underwent an incisional biopsy from which the cancer diagnosis was made. She was then referred to an ENT physician, who took a history from plaintiff that the lesion had developed recently. He referred plaintiff to a Head and Neck surgeon at StanFlemming University Medical Center.

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

Woman Suffers Neck and Shoulder Injury After Sacramento Car Accident

April 2, 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: Benjamin claimed to suffer soft-tissue strain to her neck and back and a torn rotator cuff. She testified that she recovered from the neck and back sprains within three months of the accident and later had surgery to repair her torn rotator cuff.

Facts:

On May 2, 2004, plaintiff Frances Benjamin, 61, a care provider to disabled adults, was driving her Jeep north in the left lane in Sacramento when she was sideswiped by Mary Pensis, who was driving a sedan. Benjamin claimed that she hurt her neck, back and shoulder in the accident.

Benjamin sued Pensis for vehicular negligence. Benjamin also sued Jane Avery, a co-owner of the sedan, but Avery was dismissed as there was no issue of permissive use or negligent entrustment.

Pensis admitted liability, explaining that as she was trying to change into the left lane she had a sneezing attack, causing her to lose control of her car and sideswipe the Benjamin’s vehicle.

Pensis admitted liability for the accident.

Benjamin claimed that she missed six months of work due to her injuries. She testified that she made about $1,600 a month as a caregiver.

Benjamin claimed that she incurred $23,900 in medical expenses, including $11,000 for the rotator cuff surgery, and $9,600 in lost wages. Including damages for pain and suffering, she sought a total of about $133,000.

In addition, Benjamin’s husband sought $25,000 for loss of consortium. He testified that he had to do the cooking and cleaning and help his wife with bathing and the toilet for at least six months, including three months after the surgery.

SUMMARY:
RESULT: Verdict-Plaintiff
Award Total: $11,840

The jury found in favor of the plaintiff, awarding her $11,840, but found in favor of the defense on her husband’s loss of consortium claim.

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

Kaiser Sued After Man Suffers From Herniated Disc Post Surgery, Part 2 of 2

April 2, 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.)

He argued that regardless of whether the surgical resident met the standard of care, something “negligent” must have occurred during the hemorrhoidectomy surgery that caused his herniated disc. He asserted liability based on claims of professional negligence and the legal doctrine of res ipsa loquitur.

The respondents contended that the surgical resident met the standard of care during the performance of the April 5 banding procedure. They further contended that the surgeon and the operating room staff involved with the April 13 hemorrhoidectomy complied with the standard of care and that Rory did not suffer a herniated disc during that surgery. They contended that even if Rory suffered a herniated disc during the hemorrhoidectomy surgery, it was not due to any negligence on the part any of the operating room staff.

Rory was treated with physical therapy, epidural spinal injections and other conservative treatment. He was referred to a neurosurgeon and underwent spine surgery in December 2006. Rory initially showed some improvement but then relapsed and was ultimately diagnosed with failed back surgery syndrome. He never returned to work and claimed that he has been unable to perform any strenuous physical activity.

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

Sacramento Motorcycle Accident Leaves Plastic Surgeon with Extensive Injuries

March 30, 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 September 15, 2008, at the intersection just north of Interstate 5 and Highway 99 in Sacramento, California, plaintiff Barry Remmy and defendant Matt Oliver were involved in a car versus motorcycle accident.

Defendant was traveling the wrong way on the one-way roadway when he met plaintiff in a curve. Plaintiff made a quick turn on his motorcycle to avoid defendant’s vehicle, and the motorcycle slid out from under him.

Plaintiff was a plastic surgeon.

Defendant admitted liability but disputed the claim for lost earnings. Defendant also contended plaintiff was involved in a second motorcycle accident approximately six weeks after the first in which he fell 20 to 30 feet off a cliff and was found unconscious. Defendant claimed many of plaintiff’s injuries could be attributed to that accident.

CLAIMED INJURIES
According to court records:

Clavicle fracture; fractured ribs; pain; sleep deprivation.

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