Personal Injury Law - Articles
May 06, 2015
A woman was awarded $35.4 million in Dedham, Massachusetts, after becoming paralyzed from a stroke she experienced several hours after birth.
Andrea Larkin, 35, was awarded the money after suing Dedham Medical Associates, where she sought treatment for dizziness in 2004.
Narkin was to be placed on a list of patients with certain medical conditions after an MRI and a CAT scan showed she had brain abnormalities. Her doctor, Jehane Johnston, failed to place her name on the list.
Larkin's obstetrician was not aware of her brain abnormalities when Larkin become pregnant years later. According to Larkin's lawyer, Benjamin Novotny, a caesarean section would have been ordered if her condition was known.
Larkin suffered a massive stroke hours after giving birth to her daughter, leaving her completely paralyzed except for her right arm.
Los Angeles Settles Wrongful Death Lawsuit for $450,000
May 06, 2015
Los Angeles County will pay $450,000 for a 2-year-old boy who was killed by his mother's boyfriend after calls to social workers about abuse were ignored.
The wrongful death lawsuit filed by Robert Dominguez alleges that the death of his son, Gabriel Dominguez, was a result of the Department of Children and Family Services' negligence in taking action.
A wrongful death complaint is still pending against the Los Angeles Unified School District, a result of, according to the father, a school nurse's failure to properly assess evidence of abuse before Gabriel's death.
Wrongful Death Lawsuit Filed Against Fayetteville Police
May 06, 2015
A family has filed a wrongful death lawsuit against police in Fayetteville, North Carolina, for a man shot and killed by officers.
The lawsuit, filed by the family of 21-year-old Lawrence Graham, claims that officers used excessive and unnecessary force by shooting Graham in the back, resulting gun shot-related blood clot that he died from two months later.
Lawyer for officer Denton Little, Billy West, said Little had a “legal and measured response to the situation” and acted in self-defense.
Woman Awarded $14.4 Million in Medical Malpractice Lawsuit
April 30, 2015
A Michigan city woman has been awarded $14.4 million after filing a lawsuit for a botched bariatric surgery that left her with brain damage.
A Chicago courtroom granted $9.4 million to Kathryn Parker after finding Drs. Jeffrey Rosen and Allen Mikhail guilty of medical malpractice.
Parker sought treatment for obesity from the doctors at LifeWeigh Bariatrics in Downers Grove, Ill., and her gastric bypass surgery took place in Advocate Good Samaritan. Doctors gave her the wrong anti-coagulation medication for a condition, which resulted in internal bleeding and a loss of blood flow to the brain.
Parker now uses a wheelchair and and has cognitive losses. Her three sisters now live with her and take care of her full time.
Kenneth J. Allen, her lawyer, said this case should teach patients a lesson to carefully research online court dockets and state medical licensing board websites while seeking a surgeon.
$30 Million Wrongful Death Lawsuit Filed Against Texas County Dismissed
April 30, 2015
A federal judge has dismissed a $30 million wrongful death lawsuit that was filed against Nacodoches County in Texas.
U.S. District Judge Michael H. Schneider approved the motion to dismiss the lawsuit, which was filed on behalf of Edwinta Deckard, who died from dehydration while serving time at the county jail. It named County Judge Joe English, Sheriff Bridges, Lt. Elizabeth, Ann Owens and Sgt. Danny Ray Russell as the defendants.
“On the date of her detention, Edwinta Deckard, deceased, complained of dehydration, including acute diarrhea,” the lawsuit states. “From that time on, the defendants were responsible for a course of conduct which was willful, wanton and criminally negligent and so blatantly inappropriate as to evidence intentional maltreatment, and was directly responsible for the death of Edwinta Deckard.”
Deckard become severely ill while in custody, making numerous requests for help from the prison guards, and was in dire need of medical attention.
According to the complaint, the pleas from Deckard and other inmates for medical care were ignored.
Family of Michael Brown Sues City of Ferguson for Wrongful Death
April 23, 2015
The family of Michael Brown has filed a lawsuit against the city of Ferguson, Mo., for their son's death.
Anthony Gray, the Brown family's lawyer, said the lawsuit will reveal the Ferguson police as using excessive force against their son during the confrontation, when Brown was shot and killed by officer Darren Wilson.
The lawsuit will also paint a clearer picture of the events that led to the shooting, Gray added.
The lawsuit comes months after a grand jury decided not to file charges against Wilson, which, along with Brown's shooting, inspired protests all over the world that called to stop police brutality.
Family Settles $2.95M Wrongful Death Lawsuit Against Police
April 22, 2015
A family has settled a $2.95 million lawsuit filed against police in Fairfax, Virginia.
John Greer was shot and killed in his home by Officer Adam Torres after officers responded to a domestic dispute.
According to Michael Lieberman, the Greer family's attorney, the $2.95 million settlement is the largest police shooting-related settlement in the history of Virginia.
County attorneys were accused of stonewalling the investigation of the shooting by not turning over Torres's internal affairs records to the Commonwealth. A judge ordered the county to turn over the records, which showed Torres having an angry “meltdown” during an incident at the county courthouse.
Though the settlement does not have an admission of liability from the county or impose any police department policy changes, the resulting backlash has prompted the review of police procedures, such as those regarding force and releasing information to the public.
Widow Sues Southwest Airlines, Flight Crew for Wrongful Death
April 20, 2015
A woman has filed a lawsuit that accuses Southwest Airlines and a flight crew of leaving her husband to die in an airplane bathroom.
Richard Ilczyszyn suffered a pulmonary embolism on a Southwest Airlines flight when flight attendants heard him groaning in the plane's restroom. After finding him slumped over, the airline called the Sheriff's department while the plane was about to land in Orange County.
Sheriff's deputies cleared the flight before checking in on Ilczyszyn, who died in the bathroom.
Ilczyszyn's widow Kelly, who is a flight attendant for Southwest, says the crew should have called an ambulance, not the Sherriff's department.
Southwest Airlines released a statement saying that their flight attendants handled the emergency appropriately by arranging for first responders to meet the flight.
N.C.AA. Proposes Settlement for Lawsuit Filed Over Concussions, Head Injuries
April 15, 2015
The N.C.A.A. has proposed a settlement for the class-action lawsuit brought against it for its handling of concussions and head injuries.
The settlement proposes to include plaintiffs from sports like golf, softball and track and field, in addition to its proposals of a $70 million medical monitoring fund for athletes, $5 million for research and stricter return-to-play guidelines for athletes who sustain head injuries.
“We took each of the judge's concerns and responded to them,” Steve Berman, the lawyer for a plaintiff, said in regard to the concerns of Judge John Z. Lee. “He said there are many things he liked about this in December, and he wouldn't be putting us through all this work, in my view, if he didn't want to find a way to approve the settlement.”
“Overall, we think that it's moving in the right direction, but it's still problematic,” Jay Edelson said, another plaintiff's lawyer, adding that there was still no compensation for athletes suffering from the effects of head trauma. “It's not the type of wholesale improvements that were needed. The class is still neglected.”
Family Files $50M Wrongful Death Lawsuit Against Health Care Agency
April 13, 2015
A Virginia Beach family is suing a health care agency for $50 million for a man who died in a mobile home fire.
Josh Smith, who was born with cerebral palsy, lived in a trailer home while under the 24/7 care of Hand in Heart Home Health. The mobile home up went up in flames and killed Smith and his disabled roommate, both of whom couldn't escape the fire.
The lawsuit accuses Hand in Heart Home Health of failing to send in a fill-in nurse to replace Josh Smith's usual nurse, who could not be present during the night of the fire.
“It's absolutely callous on the part of the company,” Eric Washburn, the family's attorney, said. “These companies and employees can't just take a paycheck and push the individual to the side. They've got to be held accountable for their negligent acts.”
Owen Carter, Smith's father, claims that negligence was the cause of his son's death. “I try not to think about what he had to go through, and when I heard there was one loud scream, I got cold chills,” Carter said.
City Settles Injury Lawsuit for $225,000
April 12, 2015
The city of Tucson has settled a pothole injury lawsuit for $225,000.
The lawsuit was filed by Ken Baarson, who rode his bike over a deep pothole filled with water, which he thought was a puddle.
Baarson flew over the handle bars and broke his spine in three places and injured his shoulder. He was wearing a helmet at the time of the injuries.
Baarson filed the lawsuit in Pima County Superior Court, and the City Council agreed to the settle after private mediation.
Firefighter's Wife Sues for Wrongful Death
April 09, 2015
The wife of a firefighter has filed a wrongful death lawsuit against the homeowners and contractors of the property on which he died battling a fire in Inwood, New York.
According to the lawsuit for the death of Joseph Sanford Jr., the contractor left “painting materials and supplies, including flammable materials and liquids” in the house.
Sanford died from his injuries four days after fellow firefighters discovered him under charred debris in the basement of the home.
The lawsuit, filed by Jacqueline Scott-Sanford, Sanford's widow, names David and Wendy Friend, the homeowners, and the general contractor, Paramount Construction Corp., as defendants. The suit seeks unspecified damages.
Family Files Wrongful Death Lawsuit Against South Carolina University, Fraternity
April 01, 2015
A family has filed a wrongful death lawsuit against Clemson University, a fraternity and three fraternity brothers for their son's death.
According to the lawsuit, Tucker Hipps, a freshman at Clemson University and a member of the Sigma Phi Epsilon fraternity, “went over the railing of the bridge into the shallow waters of Lake Hartwell head first” after a confrontation with a fraternity brother. The suit also alleges that several fraternity brothers attempted to hide evidence of the altercation, as Tucker's body disappeared and was then discovered in Lake Hartwell.
“Tucker Hipps's death was a senseless and avoidable tragedy,” Hipps's parents Gary and Cynthia said in a statement.
The lawsuit names the Sigma Phi Epsilon fraternity, the Clemson chapter of the fraternity and Clemson University as defendants, in addition to Sigma Phi Epsilon brothers Thomas Carter King, Campbell T. Starr and Samuel Quillen Carney.
Family Sues Waterpark for Injured Teen
March 27, 2015
A family is suing a Wisconsin resort for the injuries a teenage boy suffered on an unsafe ride.
According to the lawsuit, filed by the boy's family, the Kalahari resort knew about the risk of injury that the indoor water slide posed to guests but took no safety precautions, resulting in harm to the boy.
The lawsuit seeks compensation for personal injury, pain, suffering and loss of enjoyment of life.
Family Files for Wrongful Death Against Supermarket
March 24, 2015
A family has filed a wrongful death lawsuit against a supermarket for their 11-year-old son who died allegedly from eating a mislabeled cookie in Tennessee.
According to the lawsuit, the chocolate cookie Derek “Landon” Wood ate the local Publix Super Markets Inc. was not labeled as containing any tree nut allergens.
Landon took three bites of the cookie before his mouth started burning. His throat swelled and he died, despite doctors' attempts to resuscitate him.
The family is suing the supermarket for mental and emotional distress and suffering, as well as punitive damages.
Family Files Wrongful Death Lawsuit for Fatally Beaten Teen
March 24, 2015
A family filed a wrongful death lawsuit on the anniversary of a high school basketball player's death in Texas.
The family of Troy Causey filed the lawsuit against the Dallas Independent School District and the Dallas County Juvenile Department for allegedly putting Causey in a dangerous situation when he was recruited to play basketball and live in a district away from his family.
Causey died March 24, 2014 from injuries he suffered from being beaten during his eight-month stay at the juvenile department.
Jonathan Turner, who had been living in the same house, was charged with manslaughter after admitting to hitting Causey, who hit his head when he fell and lost consciousness.
Family Sues Surgeon, Hospital for Girl's Death
March 20, 2015
A family is suing a hospital and surgeon in Michigan for a girl who died during surgery.
According to the death certificate, 13-year-old Quiniece Henry died from a perforation to her heart after complications with an intravascular line five days after pediatric surgeon Dr. James M. DeCou placed a catheter inside her.
The lawsuit, filed by Quentin Henry, Quiniece's father, accuses DeCou of “negligent placement of a central venous catheter.”