Personal Injury Lawyer Blog

Sacramento Injury Case Results After the Dog Bite Scars Woman and Child, Part 1 of 2

March 13, 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 big rig accident lawsuit and its proceedings.)

INJURIES: Callox was taken directly to a plastic surgeon from the school, where she underwent the first of five reconstructive surgeries to her chin. She underwent an initial flap procedure to stretch the skin from her neck over the area of her chin where she was bitten. She underwent four revisions of the original surgery, and now receives two filler injections a year to even out the appearance of her chin. She has also undergone laser procedures to neutralize the skin tone of her chin.

Facts:

In the afternoon in March 2005, plaintiff Kim Callox, 50, a bookkeeper, was picking up her daughter, plaintiff Ramsey Callox, 5, from her preschool in Sacramento, CA. Callox saw her friend Mr. Timothy seated in the rear hatchback of his truck, also waiting for his child, and went over to say hello. When Callox leaned over to hug Timothy, his dog, a German shorthair pointer, bit Callox on the chin and chewed off a portion of the skin and flesh. Ramsey witnessed the incident.

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

Sacramento Brain Injury Caused When Car Hits Bicyclist, Part 1 of 2

March 13, 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.)

General Injury: Cerebral subdural hematoma, subarachnoid hemorrhage, fractured skull, sternal fracture, fractures of 3 thoracic vertebrae, pneumothorax, brain damage, motor deficits with resulting locomotion ataxia, speech and language difficulties, memory deficits, impairment to executive function, social and emotional deficits including impulsivity; medical expenses; lost income; loss of future earning capacity.

Summary of Facts:

Cliff Hinkle was riding his recumbent bicycle west on Elk Grove Avenue in Sacramento, CA, June 11, 2005. According to Hinkle, he proceeded partly in the lane and partly on the shoulder. The road shoulder allegedly had a steep ditch on its right, and the shoulder reduced in size through the block. Hinkle was on the block between 23rd Street near 25th Street Northeast when he was allegedly struck from behind by a vehicle driven by Greg Devlin.

Hinkle reportedly suffered a cerebral subdural hematoma, subarachnoid hemorrhage, fractured skull, sternal fracture, fractures of 3 thoracic vertebrae, and pneumothorax as a result of the accident. According to Hinkle, he was left with brain damage, motor deficits, including locomotion ataxia, speech and language difficulties, memory deficits, and social and emotional deficits including impulsivity and behavior problems.

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

Secretary Brings Sexual Harassment Against School District, Part 1 of 2

March 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: Patricia Jennings sought damages for past and future pain and suffering, lost earnings and future medical expenses. She claimed she sustained severe emotional distress from the damage to her reputation, and was evaluated by a forensic psychiatrist, who diagnosed her with depression. She also claimed that she has not found a new job after being fired.

Facts:

On Nov. 13, 2009, plaintiffs Patricia Jennings, 30s, a secretary, and Verrias Mollusk, 60s, a principal, were terminated from their respective jobs at ABC School, a private school. Jennings had previously filed a complaint for sexual harassment with the school against Harry Kirkland, a school auditor and administrator. Mollusk, who supported Jennings and protested against Kirkland’s conduct and the school’s failure to take remedial measures, was terminated and then replaced by Kirkland.

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

Late Cesarean Results in Sacramento Birth Injury, Part 1 of 3

March 8, 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.)

CASE INFORMATION
FACTS/CONTENTIONS

According to Plaintiff: Plaintiff, age 19, who was diagnosed with Systemic Lupus Erythematosus (“SLE”) at age 9, became pregnant and was referred to a high-risk perinatal group for prenatal care. She was able to carry the pregnancy to term without any major problems or complications due to SLE. She entered defendant medical center in January 2006 with a mild flare-up of her SLE. Her rheumatologist said it was okay to induce labor. However, she was discharged home the next day.

Plaintiff returned on February 4, 2006 with labor contractions. She was then admitted to the L&D unit at 1:00 p.m. and was seen by the perinatologist on call, who confirmed that the fetal monitor showed a reactive tracing with good variability.

At 7:00 p.m., there was a change in coverage, and plaintiff was assigned an L&D nurse who worked as a traveling nurse on a short-term contract. By 1:06 a.m. on February 5th, plaintiff was 8 cm dilated, 90 percent effaced, with a -2 station, and she had been given an epidural for pain relief. The FMS continued to show a reactive tracing. At 1:31 a.m., the nurse started Pitocin. At 2:22 a.m., the charge nurse ruptured the membranes and there was clear fluid. At 4:45 a.m., the on-call perinatologist determined that the patient was completely dilated and she was instructed to push. The FMS at this time showed some late decelerations, but the perinatologist thought that the fetus was still healthy at this time and left the room.

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

Man Suffers Stroke In Medical Malpractice Case Against Kaiser Sacramento

March 8, 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.)

SYNOPSIS: Plaintiff Herman was 65 years old at time of incident, Caucasian, retired high school principal. His wife Jill, was also 65 years of age. Herman was a long-time patient of Kaiser Permanente Hospital, who had undergone carotid endarterectomy in 1988 on the right internal carotid artery. At the time of the procedure, a dye study had shown he had a severe narrowing estimated between 95% and 99% on the left internal carotid artery. However, Kaiser elected not to repair the stenosis on the left internal carotid artery and decided, instead, to await symptoms developing. Thereupon, Plaintiff was seen monthly from June, 1988 through May, 1989.

Kaiser claimed none of the symptoms Mr. Marriot was suffering; namely, dizziness, lightheadedness and staggering were specifically related to the left internal carotid stenotic lesion. On May 8, 1989, Plaintiff presented to the clinic to his cardiologist, Dr. Andy Berry, complaining of staggering episodes over the last 10 days. Dr. Berry felt he should be seen in a neurological follow-up. Plaintiff also indicated he was planning to go fishing in the mountains and was given permission by his physician to go. Subsequently, on May 29, 1989, Mr. Marriot suffered loss of speech which is felt to be related to the left internal carotid artery.

Plaintiff was seen at a clinic in Sacramento, CA, but the clinic refused to hospitalize him. He was then transported by his wife to Kaiser Permanente at which time he was diagnosed as having suffered a stroke, most probably related to a complete occlusion of the left internal carotid artery.

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

Sacramento Personal Injury Case Results After School Is Negligent in Treating Injury, Part 2 of 2

March 8, 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 brain injury lawsuit and its proceedings.)

The Def. denied these allegations and argued that its action had been prompt and in accord with what other school districts had been doing at that time. Plffs’ expert neurologists opined that based on the degree of injury, she was without adequate profusion of oxygen for a period in excess of 12-15 minutes. The Def. contended that the time period was much shorter. The Def.’s expert also maintained that there was no way to medically determine what the degree of injury would have been had more prompt action occurred.

The Def. filed a Frye motion to dismiss the case arguing that Plffs’ experts’ opinions were not based on generally accepted scientific principals. The motion was denied by the Honorable Curt Momo.

The lawsuit had originally been filed against the Sacramento School District in December, 1998. Plffs were originally represented by different counsel. After discovery, Plffs entered into a settlement with counsel for the District for the amount of $600,000. The Curtis’ objected to the settlement pointing out that they had not consented to the amount, did not agree to settle for that amount and that it made no sense for Curtis’s needs. On July 14, 2006, the Court initially approved the settlement. Subsequently, the Crawfords retained attorney to help them set the settlement aside.

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

San Jose Medical Malpractice Lawsuit Results After Doctor Misses Cancer, Part 2 of 2

March 8, 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 surgeon admitted that he misread the Sept. 21 biopsy.

The surgeon contended that, had the plaintiff been diagnosed earlier, she would still have opted for a mastectomy rather than a lumpectomy. He further claimed that she would then have experienced the same complications, regardless of when she had the surgery.

The radiologist claimed that the May 31 mammogram reading was appropriate.

She underwent a modified radical mastectomy with flap reconstruction. Six out of 12 axillary lymph nodes sampled showed evidence of metastatic disease. She then underwent chemotherapy and radiation therapy.

The plaintiff developed problems with the flap wound, requiring several more surgeries. She eventually underwent a modified radical mastectomy on her right breast, and a further repair of a hernia at the old flap site.

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

Woman Involved in Sacramento Auto Accident Suffers Spinal Injuries

March 8, 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: Several days after the accident, the plaintiff visited her general physician for neck pain. After an extended course of pain medications and physical therapy, an MRI revealed a herniation at L4-5. She underwent a laminectomy and cervical fusion more than a year after the accident.

Facts:

On Sept. 24, 2003, the plaintiff, a nursing assistant, was stopped on Folsom Avenue in Sacramento, CA when her vehicle was struck from behind by a car driven by the defendant. The impact was approximately 10 mph, and the damage sustained by both cars was minimal. The police were not summoned.

The plaintiff sued the defendant for motor vehicle negligence.

The defendant did not test liability.

After the surgery, the plaintiff returned to her job, but eventually began experiencing pain in her neck again. After another set of imaging studies, it was determined that the plaintiff had adjacent disc disease. She underwent a second fusion more than four years after the accident.

Defense counsel argued that the impact was so minimal that the risk of injury — much less one of this magnitude — was minimal, if nonexistent. Defense counsel contended that the 10 mph impact and the facts that the police were not called and the plaintiff waited three days to visit a doctor prove that the damage was minimal.

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

Medical Malpractice Case In Sacramento Results After Boy Injured by Medical Device, Part 2 of 2

March 7, 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.)

At trial, defense counsel submitted evidence which showed that eletrocautery risks have been taught for decades in medical school and were well known to Parrish before the surgery, and that the warnings on the device were virtually identical to those listed by other product manufacturers.

Before trial, the plaintiffs settled with the medical center for a confidential amount; with Ann Taimes, another physician at the medical center, for $30,000; with the Sacramento Anesthesiology Medical Group, which administered the anesthetic, for $30,000; and with Med Inc., which makes endotracheal devices associated with the electrode that was used in the subject procedure, for $10,000.

Plaintiff’s counsel argued for about $850,000 in expected costs, which included a special boarding school for learning disabled kids that totaled $350,000, psychological counseling and medication for depression and post-traumatic stress disorder. Additionally Gregory sought $30,000 in medical expenses and $27 million in future medicals and emotional distress.

The plaintiffs asked for a seven-figure verdict, but felt that an eight-figure verdict was more appropriate.

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

Sacramento Injury Case Results After the Death of Two Motorcyclist, Part 2 of 2

March 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 big rig accident lawsuit and its proceedings.)

At this point, delineators were supposed to be installed. They were not installed for two years after the prior accident, and did not extend the entire length of the center median to the left-turn pocket when they were installed.

The plaintiffs claimed that the restaurant told customers, through signage and a valet service, that they should turn right out of the lot, proceed south and then make a U-turn to proceed north.

The plaintiffs further claimed that, because of these instructions, the vehicle driver made a U-turn and hit the motorcycle. The vehicle driver testified that he was given instructions to make a U-turn.

All the defendants claimed that the vehicle driver was entirely responsible for the accident.

Caltrans claimed that, since it does not own the parking lot, it cannot be held responsible for any of its alleged defective designs.

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