Personal Injury Lawyer Blog

Woman Sues Hospital After Birth Injury Results in Cerebral Palsy, Part 3 of 3

March 22, 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 alleged that defendant anesthesia group failed to have a system in place for adequate response time to a request for a C-section that was called at 8:06 a.m. The perinatal hypoxia was caused by a small placenta as a result of the mother’s SLE, which caused growth retardation in utero. As a result, the fetus was not able to tolerate labor due to placental insufficiency. Delivery prior to 8:00 a.m. would have resulted in a normal outcome.

The defense contended that all care was within the standard. The FMS abnormalities improved after 5:15 a.m. and did not require a call for a C-section before 8:00 a.m. After that, the fetal heart rate improved, and it was appropriate to use a re-bolused epidural for anesthesia. The small placenta likely caused micro-emboli to the baby’s brain, with antibodies from the mother’s SLE contributing to the brain injury. The severity of the baby’s condition, including temperature instability, would give a life expectancy of less than eight additional years. Collateral sources would continue to pay for care in the future.

CLAIMED INJURIES

According to Plaintiff: Cerebral palsy; microcephaly.

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

Traumatic Brain Injury Occurs When Sacramento Car Hits Boy on Bicycle, Part 2 of 2

March 20, 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.)

The cyclist sought compensation for his injuries, medical expenses, pain and suffering, emotional distress, lost income, and loss of future earning capacity. The plaintiff also requested damages for Cliff’s loss of services and support, as well as loss of love and companionship, thus, affecting his relationship with his child.

The defendants asserted that Cliff was negligent and failed to mitigate his damages.

The city contended that Cliff was nearly in the middle of the roadway and was not using the available shoulder at impact. It also argued that the city had no obligation to retain bicycle-friendly shoulders since there was no law mandating it, and that the plaintiff’s claimed injuries were caused by a third person for whom the city was not responsible. It also contested the plaintiff’s claim of damages relating to Cliff’s relationship with his child and his ability to work, as a prior accident had also caused a brain injury, which prevented him from working.

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

San Jose Medical Malpractice Case Results After Elderly Woman Dies In Hospital, Part 1 of 2

March 19, 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: Garvey died from a stroke. Her husband and children sought recovery of non-economic damages of between $400,000 and $500,000. The plaintiffs sought recovery of damages for future loss of parental guidance, future loss of companionship, future loss of financial support and funeral expenses.

Facts:

In December 2002, plaintiffs’ decedent Pamela Garvey, 74, began cardiology care with Dr. Neil Lemons. Garvey underwent a coronary angiography with stent placement, coronary artery bypass graft surgery and pacemaker placement.

Garvey had multiple medical risk factors including hypertension, hypercolesteremia, diabetes and peripheral vascular disease. She also had a stroke of the posterior cerebral artery distribution in December 2000.

After attending regular visits with Lemons in 2003 and 2004, Garvey didn’t attend office visits in 2005. In 2006, she indicated that she was no longer willing to take statins, aspirin or undergo treadmill examinations. She chose to take medications prescribed by her primary care physician, including L-Arginine for her high blood pressure and hypercholesteremia, and Byetta for diabetes.

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

San Francisco Medical Malpractice Case Results From Failure To Monitor, Part 1 of 2

March 19, 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: The decedent was a few months short of completing her fellowship in hematology/oncology at UCSF. She had job prospects which would have provided her a starting salary of more than $200,000 per year. The decedent’s husband is a medical doctor who has completed a residency in neurology and who specializes in pain management. His future earnings would have been comparable to the decedent’s. The decedent’s parents joined with her husband and daughter as wrongful death claimants, alleging that she had been contributing to their support. The daughter was 2 years old at the time of the decedent’s death.

Facts:

On May 26, 2007, plaintiffs’ decedent, 32, a physician, underwent an endoscopic retrograde cholangiopancreatography procedure to remove a bile duct stone and to insert a stent to relieve biliary obstruction. The procedure was performed by a University of California-San Francisco professor, who heads the endoscopy program, and a gastroenterology fellow.

The decedent was to be deeply sedated and monitored by a sedation nurse. Approximately 15 minutes after the endoscope was passed, the decedent’s oxygen saturation values fell and then became undetectable. The sedation nurse attributed the problem to a malfunction of the monitor, rather than to a change in the decedent’s condition, and about 10 minutes later, after the original monitor was replaced by a second pulse oximeter, the decedent went into ventricular tachycardia.

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

Medical Center Charged With Negligent Hiring and Supervision in $67 Million Sexual Harassment Case

March 19, 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.)

CASE INFORMATION
FACTS/CONTENTIONS

According to Plaintiff: On April 7, 2006, plaintiff was a patient at defendant ABC Regional Medical Center. She was sexually assaulted (vaginal penetration) by a male certified nursing assistant (“CNA”). She reported the incident to the LAPD the following day. The subsequent LAPD investigation determined that there were about 10 other victims who stepped forward following a televised plea by the LAPD and plaintiff. Five prior victims testified at trial that they were also sexually assaulted and that they had reported the assaults to hospital personnel. The CNA was arrested and arraigned before jumping bail set at $250,000 in 2006. He is still at large.

Plaintiff alleged that defendants ABC Medical Center and XYZ Healthcare Corporation were negligent in retaining the CNA after past complaints, that defendants ratified the sexual battery committed by the CNA, that defendants ratified the sexual harassment (Civil Code section 51.9) of the CNA, and that defendants acted in conscious disregard of the safety of its patients.

The hospital acknowledged receiving only one report, which it thoroughly investigated. Defendants contended that the one prior report was properly investigated by defendants and the State Department of Health and no wrongdoing was established. Defendants further contended that the CNA’s conduct was not ratified. After plaintiff’s report to the LAPD, the CNA never worked another hour in the hospital. Defendants additionally contended that plaintiff’s symptoms could not be attributed solely to this incident, in which the digital penetration lasted only a matter of seconds. Plaintiff had pre-existing psychological problems and exaggerated her problems.

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

Slip and Fall Occurring in Symphony Hall Results in Personal Injury Lawsuit, Part 1 of 2

March 19, 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: Leana was taken via ambulance to a hospital, where she was diagnosed with fractures to her facial bones, a sprained left wrist and post-concussion syndrome.

Facts:

On Jan. 22, 2006, plaintiff Natasha Leana, 77, a retired otolaryngologist, was looking for her seat in the darkened second tier at a San Francisco Symphony facility. She tripped, pitched forward, and fell, tumbling down several steps and landing on her face.

Her husband, plaintiff Ernie Leana, 77, a retired family physician, was present at the time.

The day before her fall at the symphony, Leana was in a car accident in which she sustained a mild concussion and soft-tissue injuries to her neck and shoulder.

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

Sacramento Woman Claims Failure to Diagnose and Treat Tongue Lesions in Medical Malpractice Lawsuit, Part 1 of 4

March 19, 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.)

CASE INFORMATION
FACTS/CONTENTIONS

According to Defendant: Plaintiff, age 57, claimed a failure to diagnose and/or refer her for evaluation of a left lateral tongue lesion, which was diagnosed in March 2009 as squamous cell carcinoma. Plaintiff was seen in defendant dentist office from 1981 until February 2009 for general dental care.

The first mention of any tongue-related complaints by plaintiff was March 27, 1995. That day she was noted to have a canker sore (apthous ulcer) under her tongue. She was provided a medicament by an associate of defendant.

On October 23, 2001, plaintiff was seen for a prophy (cleaning) visit. She reported that one week prior to the visit she had a cold sore on the left side of her tongue. The hygienist noted that the area looked good that day.

On April 7, 2003, plaintiff was seen for an emergency visit. She was diagnosed with an apthous ulcer at the tip of her tongue. She was provided with Debactrol. She was advised to have the area re-checked in two days.

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

Woman Injured in Two Car Accidents Sues Drivers For Injuries, Part 1 of 2

March 19, 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: Sarah claimed that she sustained neck and back strain as a result of the January accident. Aaron and Remmy claimed that they sustained soft-tissue neck and back injuries.

Facts:

On Jan. 17, 2004, plaintiff Sarah Serrie, 41, a computer technician, was driving a car in the left-turn pocket in El Dorado County. Her son, Aaron, 15, and daughter, Remmy, 13, were passengers. When Serrie stopped her car, it was rear-ended by a utility van driven by Sam Lemons.

On Nov. 8, 2004, Sarah Serrie was in a second accident. She was driving south in Folsom, CA, and Barry Samsin was driving a car north, in a left-turn pocket. Another driver waived Samsin through a gap in a line of cars which were stopped for a traffic light. Samsin had almost completed his left turn when he struck Serrie’s vehicle over the rear tire.

Serrie and the two children sued ABC Services, the owner of the vehicle in the January accident; Sarah also sued Samsin for the November accident. Both causes of action were brought on the same complaint, and both cases were tried together.

For the January accident, Sarah, Aaron, and Remmy claimed that Sarah stopped when the traffic light changed. They claimed that Steven Lemons was driving the van in the course and scope of his employment with ABC Services, and that ABC Services was vicariously liable.

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

Man Has A Fatal Heart Attack Following Over-Dosage of Medication in Kaiser Medical Malpractice Suit

March 19, 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.)

CASE INFORMATION
FACTS/CONTENTIONS

According to Plaintiff: Decedent Van Ferry, age 59, a facilities manager and husband to Danielle Ferry, a 58-year-old homemaker, father to Kathy Ferry, age 30, Alex Ferry, age 29, Vanessa Ferry, age 27, and Marry Ferry, age 26, and grandfather to Natalia Ferry, age 9, was diagnosed with Graves disease in 1991. He underwent radiation iodine treatment, killing much of his thyroid gland. As a consequence, decedent became hypothyroid (insufficient production of thyroid hormone) and was started on synthetic thyroid replacement therapy. After several years of taking oral thyroid tablets and having lost health insurance, decedent stopped filling the prescriptions for the Synthroid.

In April 2009, after becoming a new member of defendant Kaiser Permanente Medical Group, decedent was seen by a new primary care physician who referred him to endocrinologist Dr. Valerie Names with Kaiser. Dr. Names examined decedent, obtained a medical history, and prescribed 200 mcg of Levothroid to be taken on a daily basis, with a return office visit scheduled for 33 days later on May 18, 2009. Decedent returned to Dr. Names on May 18, 2009, at which time he informed her that during the previous week he had been suffering “worsening chest pain and pressure.” He had lost 11 lbs, his heart rate was elevated from 72 to 97, his cholesterol was measured at 302, and he smoked a pack of cigarettes per day. Dr. Names ordered blood tests, which were returned the following day, May 19, 2009, after which she contacted decedent and reduced his prescription from 200 mcg per day to 137 mcg per day. During the very early hours of the following morning, decedent died of a massive heart attack.

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

Sacramento Lawsuit Brought After Late C-Section Causes Baby To Be Born with Cerebral Palsy, Part 2 of 3

March 15, 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.)

At 7:23 a.m., another nurse assumed care, and she was concerned about the FMS, but did not do anything because the first nurse told her that the perinatologist had seen the patient and was not concerned about the FMS. At 8:00 a.m., the charge nurse looked at the FMS on the monitor in the nurse’s station, and she called the perinatologist, who then responded to the patient’s room at 8:06 a.m. Upon his review of the FMS, he called for a C-section ASAP. However, the in-house anesthesiologist had just started another C-section at 8:00 a.m. and was unavailable. The second-call anesthesiologist was then called at home, and he arrived at 8:34 a.m. The patient was then moved into the OR, but the heart rate was noted to be in the 140s, and so the epidural was re-bolused, with delivery of the minor plaintiff at 9:01 a.m. The Apgar scores were 1,3,4, with evidence of perinatal depression, but the cord blood gas showed a pH of 7.2. The baby’s weight was 2,365 gm, which was SGA (small for gestational age). The minor plaintiff was subsequently diagnosed with hypoxic-ischemic encephalopathy and “total body” cerebral palsy. The baby was discharged home on March 15, 2006 and has had five subsequent hospitalizations for fever.

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