Personal Injury Newswire
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Personal Injury Newswire
Vioxx Settlement Reached for $4.85 Billion
According to the Philadelphia Daily News, drug giant Merck has agreed to a $4.85 billion settlement to be paid out to former users of Vioxx, a painkiller found to have serious cardiovascular side effects. Almost 50,000 claimants are expected to receive payouts ranging from $5,000 to several million dollars. The former blockbuster drug brought in a total of $11 billion before reports of heart problems culminated in its withdrawal from the market in 2004. The Philadelphia Daily News reports that Merck has spent $6.8 billion on Vioxx-related lawsuits.
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Birthing Injuries Result in $18 Million Settlement from Feds
The Chicago Tribune reports that a Milwaukee, Wisconsin family is receiving an $18 million settlement from the federal government for their severe injuries received by their daughter as a result of negligent birthing care. The baby was born at a federally funded clinic. Federal attorneys originally claimed that although there may have been negligence, the U.S. government was not the responsible party. The infant was stuck in the birth canal and deprived of oxygen for 20 minutes. She now is developmentally disabled and has severe cerebral palsy as a result of her brain injury. The Chicago Tribune reports that the ...<< MORE >>
Over $15,000 Sought for "Flaming Shot" Burns
According to the Tampa Tribune, a 24-year-old woman is suing a St. Petersburg, Florida bar for serving her a "flaming shot" of Bacardi 151 proof rum which resulted in 3rd degree burns. The woman claims she was underaged at the time of the incident and should not have been served alcohol. The woman's father, an insurance executive, alleges that he has repeatedly sought a settlement with the bar, but that lack of progress in reaching an agreement has forced the filing of a personal injury lawsuit. The woman spat out the drink, causing the flames to expand. No flames would ...<< MORE >>
Lawsuit Filed in Alabama Air Show Incident
According to the Huntsville Times, the family of three young children injured at the Huntsville, Alabama air show in June of 2008 have filed a personal injury lawsuit. One of the children, aged 6, suffered a head injury when tents at the air show toppled over in a severe thunderstorm. The others received cuts to the face. The child with the head injury is reportedly recuperating at home. An unrelated child was fatally injured in the incident. The personal injury lawsuit contends that air show organizers negligently failed to properly anchor the tents or to heed manufacturer's warnings that the ...<< MORE >>
NYC Report Pokes Holes in Ground Zero Workers' Illness Claims
The New York Times reports that the a report by city of New York casts doubt on thousands of claims by firefighters, police, and construction workers who claim that they suffered illnesses as a result of working at Ground Zero, the World Trade Center location where the 9/11 terrorist attacks took place. Pending personal injury lawsuits claim that the city was negligent for not providing workers with proper breathing equipment. According to the New York Times, the city faces over a billion dollars in financial liabilities from the lawsuits, and has "ample reason" to minimize the workers' claims. Plaintiffs' attorneys ...<< MORE >>
Banks Sued by Hezbollah Rocket Victims
According to Newsday, the Lebanese-Canadian Bank SAL of Beirut and the American Express Bank of New York have been sued by a group of American, Canadian, and Israeli citizens because of alleged money transfer activities leading to Hezbollah terrorist attacks against Israeli cities. The plaintiffs, whose ages range from 3 to 88 years old, were all injured in the rocket attacks, or had family members who were injured or killed. Their lawsuit alleges that the Lebanese-Canadian Bank "negligently provided extensive banking
services to Hizbollah (sic), which caused, enabled and facilitated
the terrorist rocket attacks in which the plaintiffs and their
decedents were harmed ...<< MORE >>
services to Hizbollah (sic), which caused, enabled and facilitated
the terrorist rocket attacks in which the plaintiffs and their
decedents were harmed ...<< MORE >>
Church-sanctioned Physical Restraint OK, Says Texas Supreme Court
According to the Southeast Texas Record, the Texas Supreme Court has ruled that pastors and members of a Texas church that restrained a teenager against her will for hours and forced her to say "Jesus" were protected by the First Amendment, and not liable for a $300,000 judgment awarded by a jury for her pain and suffering. The Southeast Texas Record reports that the woman, now an adult, is allegedly disabled because of the church-based trauma, and receives Social Security. The majority opinion stated, "the First Amendment does not cease to apply when parishioners disagree over church doctrine or ...<< MORE >>
Lawsuit Claims County Negligence in Signage Change
The Post-Bulletin reports that a Minnesota man's daughter has filed a wrongful death lawsuit in connection with a sign change that allegedly resulted in the man's death in Wabasha County. The 58-year-old man was fatally injured when a driver didn't stop for a stop sign, barreling into his car. The defendants include the driver of the car that crashed into the plaintiff's car, and the county of Wabasha. The lawsuit claims that the county negligently didn't alert motorists that there was a change in signage at the intersection. According to the Post-Bulletin, damages sought are in excess of $50,000.
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City to Pay Out $550,000 for Faulty Drains in Mudslide Suit
In 2005, a retired nurse was standing in her kitchen stirring a pot of gumbo. It took mere moments for her to be swept off her feet by a massive mudslide that deposited her in a laundry room and trapped her under debris. According to the Santa Rosa Press Democrat, she will now be receiving a $550,000 personal injury settlement from the city of Santa Rosa, California, based on her claim that the city's modifications to its storm drain system caused the excess water to flow into her home. The Santa Rose Press Democrat reports that $104 million in property ...<< MORE >>
Settlement Reached in Fatal Dust Storm Crash
The North Platte Telegraph reports that a settlement has been reached in the case of an 8-vehicle crash that took place in Nebraska in 2005. Three people lost their lives in the fiery pileup. Defendants in the case included a rural cattle operation, three trucking companies, and the trucking companies' drivers. The plaintiffs claimed that the cattle ranch neglected to perform erosion control practices that would have prevented thick dust from blowing across the highway, and also neglected to inform Nebraska state highway patrol about a massive dust storm that obscured the vision of the drivers. The wrongful death lawsuit ...<< MORE >>
$2.1 Million Lasik Malpractice Settlement Against Celebrity Physician
Roseland, NJ (July 9, 2006) -- New Jersey medical malpractice lawyer David Mazie of Mazie Slater Katz & Freeman announces what is believed to be the largest settlement of a Lasik malpractice case in New Jersey history (and one of the largest Lasik malpractice settlements in the nation's history*) against famed eye physician Dr. Joseph Dello Russo and the New Jersey Eye Center. The $2.1 million settlement reached in Dell'Ermo v. New Jersey Eye Center and Joseph Dello Russo, M.D., Superior Court of New Jersey, Law Division, Bergen County, Docket No.: L-009074-01, is part of a group of 16 malpractice lawsuits filed against Dr. Dello Russo for negligently performing Lasik. This is the largest settlement of the group, and the only one in which the plaintiff would not agree to maintain confidentiality for the settlement.
The claims were brought by James Dell'Ermo (47 years old) of Bedminster, New Jersey and his wife, Lisa relating to Dello Russo's malpractice in performing Lasik surgery which has rendered Mr. Dell'Ermo legally blind (vision worse than 20/400 without corrective lenses); with contact lenses Mr. Dell'Ermo only has vision of 20/50. Dr. Dello Russo's malpractice relates to his failure to recognize that Mr. Dell'Ermo was not a candidate for Lasik and that he had steep corneas. By performing Lasik on Mr. Dell'Ermo, Dr. Dello Russo caused a condition known as ectasia to occur in Mr. Dell'Ermo's eyes. Ectasia is a progressive condition which will ultimately require Mr. Dell'Ermo to require corneal transplants in both eyes.
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$33.5 Million Lawsuit Filed by Quadraplegic Woman Over Trampoline Injury
According to The Oregonian, a 20-year old Oregon woman whose neck was fractured while bouncing on a trampoline has filed a $33.5 million lawsuit. Defendants in the personal injury lawsuit include the hospital where she was treated, the manufacturer of the trampoline, and a youth pastor who was jumping with her when the incident took place. Her lawsuit alleges that the youth pastor should have known that his weight, significantly greater than her own, would cause her to fly through the air. The woman, who was 17 at the time of the accident, now has quadraplegia and uses a wheelchair. ...<< MORE >>
Rap Artist Eminem Sued for Sucker Punching Fan
According to the Detroit News, a Michigan man who greeted rap artist Eminem in a nightclub men's room received a surprise punch to the face instead of warm hello. Now the man has filed a lawsuit against the singer, alleging that Eminem "without warning or provocation ... drove his fist in a violent punching manner" into his face. The complaint seeks over $25,000 in damages. The Detroit News reports that this isn't Eminem's first go-around as a defendant in a personal injury lawsuit. In the prior incident, Eminem pistol-whipped a man in another Detroit bar for kissing Eminem's ex-wife in ...<< MORE >>
Lawsuit Claims Headrest Use During Surgery Caused Blindness
The Faribault County Register reports that attorneys are seeking dismissal of a malpractice lawsuit filed by a Wisconsin man claiming that medical negligence during surgery left him permanently blind in one eye. The plaintiff's attorneys allege that improper use of a headrest left their client improperly positioned during an operation on his spine, and that movement of his head resulted in traumatic injury to his eye. But the defendants' attorneys counter that no clear linkage has been demonstrated between the use of the headrest and the ocular injury. According to the Faribault County Register, the presiding judge took the defendant's ...<< MORE >>
Bullet Richochets at Target Range, Cop Files Suit
According to Newsday, a Suffolk County, New York cop has filed a lawsuit against his employers and against the manufacturer of a device used in a target range where he suffered an injury from an errant bullet. The bullet allegedly ricocheted off a turning target used in a close-quarter combat drill, striking the officer in the calf. Newsday reported that another Long Island police department switched to a different target manufacturer after noting similar problems with ricochet bullets. The fragments remain in the police officer's leg because physicians determined that additional nerve damage might result if they were removed. The ...<< MORE >>
Delaware Court Awards Prejudgment Interest to Man Who Died After Hospital Fall
The Delware Supreme Court said that the estate of a man who died after falling in an area hospital is entitled to both a $2 million jury award and prejudgment interest that could amount to another $470,000 or more, according to The Associated Press.
In its opinion, the high court ruled that Matthew Harris, 74, who won a $2 million jury award after being given a sedative in the hospital and then falling out of bed and suffering a fatal head injury, was also entitled to receive prejudgment interest. A lower court had ruled otherwise.
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21 Personal Injury and 2 Wrongful Death Suits Already Filed in March 2008 Maritime Accident
The sinking in March 2008 of the Alaska Ranger in the Bering Sea has already spawned 21 personal-injury and 2 wrongful-death lawsuits, according to the Seattle Times.
The Times' Mike Carter reports that the boat's owner, Fishing Company of Alaska, is seeking to invoke a little-used 1851 maritime law that limits the damages faced by the company.
The 189-foot boat had 47 crew members on board and was heading out to fish for mackerel when bad weather forced everyone to abandon ship in 35-degree rough seas, the Times reports. ...<< MORE >>
The Times' Mike Carter reports that the boat's owner, Fishing Company of Alaska, is seeking to invoke a little-used 1851 maritime law that limits the damages faced by the company.
The 189-foot boat had 47 crew members on board and was heading out to fish for mackerel when bad weather forced everyone to abandon ship in 35-degree rough seas, the Times reports. ...<< MORE >>
E. coli Outbreaks Prompts Law Firm to Seek Medial Expenses from Kroger
"Whether the source of the E. coli is the grocery store or its suppliers," said Fred Pritzker, a leading food safety attorney, "it is only fair that the retailer pay for the medical bills of its injured customers. The families deserve that peace of mind." According to Pritzker, other corporations involved in E. coli outbreaks have advanced medical expenses to those injured by their food products. "Corporate responsibility means taking concrete steps to right a wrong," Pritzker said. "It is time for Kroger to step up and guarantee that its customers will not be stuck with hundreds or thousands of dollars in medical bills."
Kauai Helicopter Crash Settlement Reached for $9.5 Million
According to the Portsmouth Herald News, a $9.5 million settlement will be awarded to a New Hampshire couple who incurred serious injuries in a helicopter crash while celebrating their 30th anniversary on the Hawaiian island of Kauai. The crash, which killed another passenger, left the woman paralyzed from the waist down and the man unable to work due to debilitating back injuries.
The plaintiff's attorneys successfully argued that the crash was due to a manufacturing defect causing metal fatigue in the rotor. In the Kauai crash, the tail rotor fell off, ...<< MORE >>
The plaintiff's attorneys successfully argued that the crash was due to a manufacturing defect causing metal fatigue in the rotor. In the Kauai crash, the tail rotor fell off, ...<< MORE >>
Victoria's Secret Lawsuit Claims Permanent Eye Injury by Thong
According to ABC News, a 52-year-old woman has filed a personal injury lawsuit against lingerie giant Victoria's Secret, alleging that a sexy yet defective pair of panties permanently injured her eye. The plaintiff, employed as a parking enforcer for the Los Angeles Department of Transportation, reportedly received a scratched cornea when a heart-shaped ornament snapped off the thong and hurtled into her eye as she was putting on the underwear. The woman is seeking an unspecified dollar amount in compensation for lost wages. ABC News reports that Victoria's Secret has ...<< MORE >>
School Board Sued for Punishment of Child with Autism
According to the Roanoke Times, a personal injury lawsuit against the Roanoke County School Board claims that when a principal required a student with autism to clean up the bathrooms he had soiled, he caused irreparable injuries. The child allegedly smeared feces in a school bathroom and wrote obscenities on the walls. The principal's demand that the child clean up the restroom messes incited depression and panic attacks, requiring extensive psychotherapy. The principal was suspended in the incident, but later exonerated, according to the Roanoke Times. The lawsuit is seeking $100,000 in << MORE >>
Lawsuit Says Town to Blame for Weight Training Injuries
According to the Worcester Telegram, a former high school football player has filed a personal injury lawsuit against the town of Westboro, Massachusetts, alleging that the town was negligent in allowing him to engage in weight training unsupervised, causing serious injuries. The student, a junior at the time, was lifting 400-weights in the high school weight room with no coach, teacher, or other responsible adult present. The weights slipped, smashing into his face and causing multiple fractures. The Worcester Telegram reports that the town denies the allegations of negligence and ...<< MORE >>
Faulty Maintenance Alleged in Firefighter Death in Restaurant Blaze
According to the Daily News Tribune, the widow of a firefighter who died battling a fire in a West Roxbury, Massachusetts Chinese restaurant has filed a lawsuit against the eatery, along with its cleaning service and building owner. The plaintiff claims that negligent maintenance, including a buildup of grease in a kitchen exhaust pipe, were to blame for the blaze. Two firefighters were killed by the fireball that formed when the restaurant grease combusted. The Daily News Tribune reports that the fire had been smoldering in the ceiling for at least ...<< MORE >>
Fire Death Caused by Improper Apartment Complex Maintenance, Says Lawsuit
According to the Daily Tar Heel, the owners and property management firm of a Carrboro, North Carolina apartment complex are being sued for negligence. The lawsuit alleges that a 2007 fire that killed one woman and injured two others was caused by improper maintenance that caused the fire to spread quickly and impede the tenants' escapes. The lawsuit, filed by the dead woman's son, also claims that fire detectors in the complex were not working properly. The Daily Tar Heel reports that according to the plaintiff's attorney, the landlord failed to ...<< MORE >>
Appeals Court Quashes Slide Injury Lawsuit
According to the Schenectady Daily Gazette, the Appellate Division of the New York State Supreme Court has ruled that the Gloversville, NY school district cannot be held liable for a playground slide mishap that injured a 10-year-old student. The girl plunged 7 feet off the top of the slide, fracturing her collarbone and thigh. In the plaintiff's personal injury lawsuit, attorneys for the student alleged that the district negligently allowed a hazardous condition on the playground by not providing a cushioned area near the slide. However, a 3-member majority of the 5-judge ...<< MORE >>
Survey Says Potential WV Jurors Think Lawsuits Hurt State Economy
45% of 400 West Virginia licensed drivers and voters recently surveyed about economic conditions believe that lawsuits negatively impact the state's economy and employment market, according to the West Virginia Record. The poll was designed to be representative of the West Virginia population in age, gender, race and family income. It was undertaken to help lawyers understand the mindset of potential jurors so that they can better craft their litigation strategies. The West Virginia Record reports that the state has been named as a "judicial hellhole" by the American Tort Reform Association for the past 6 ...<< MORE >>
Lawsuit Alleges Helicopter Defects
The Southeast Texas Record reports that the pilot of a helicopter that crashed, injuring him and his wife and child, has sued the helicopter manufacturer, Robinson Helicopter Inc. The personal injury lawsuit alleges that the helicopter was "unreasonably and dangerously defective." Specifically, the lawsuit claims that the carburetor's heat control feature failed to work as it should have. The carburetor reportedly iced over, causing a power loss and subsequent plunge from the sky. According to the Southeast Texas Record, damages are being sought for medical care, << MORE >>
Tugboat Company Not Involved in Bridge Collapse, Judge Rules
According to the Biloxi Sun Herald, a tugboat company named as a defendant in a personal injury lawsuit stemming from a bridge collapse has been dropped from the case. In 2007, a bridge that was under construction collapsed into Mississippi's Bay St. Louis. Two workers died in the incident, and others were injured when they plunged 50 feet into the bay. The lawsuit claimed that a tugboat had crashed into a support column, weakening the structure. The boat company contested the claim, and the judge concurred and dropped it from the case. ...<< MORE >>
Hip-Hop Artist Sues San Mateo Police for Shootout Injuries
An international hip-hop artist has filed a lawsuit against the San Mateo, California police for "negligently and recklessly" shooting him when they were apprehending a robbery suspect, according to the San Mateo Daily News. Police originally claimed that the Sean Moran, known professionally as DJ Flare, had been shot by the robbery suspect when the suspect ran into an office building and fired his handgun. Moran was waiting for an appointment when he was hit by the bullet. A later investigation showed that the bullet that struck Moran was from one of the ...<< MORE >>
Playtex Target of Baby Bottle Lawsuit
The Washington Post reports that Playtex Products of Westport, Connecticut is the target of a federal lawsuit filed by an Arkansas woman claiming that the manufacturer's baby bottles are made with an industrial chemical harmful to infants. The chemical, bisphenol A, was the subject of a report by the National Toxicology Program last month concluding that animal studies linking it to behavioral changes, early puberty, and pre-cancerous changes in the breast and prostate provided evidence of "some concern" about harm to humans. According to the Washington Post, a Playtex spokesperson insisted that the chemical had been deemed ...<< MORE >>
Lawsuit Planned Against Student Health Center
A student whose arm was amputated after her complaints were misdiagnosed as "muscle strain" and "anxiety" is to be a plaintiff in a lawsuit against the student health center at Ohio University, reports The Post, the Ohio University newspaper. The freshman was found to have necrotizing fasciitis, a rare bacterial infection that kills one-third of its victims. Her concerned father took her to the emergency room after her symptoms worsened, and her arm was amputated that night. Student health center physicians had declined to send her to an emergency room, even though she requested it. According ...<< MORE >>
Waikiki to Appeal $3.6 Million Judgment for Slip and Fall
The Honolulu Star reports that the city of Waikiki, Hawaii is appealing a $3.6 million judgment awarded to a woman who broke her foot on an uneven sidewalk. The incident occurred in 2002, when the 49-year-old California woman tripped as she sought to avoid a bicyclist careening down the sidewalk. Her fall fractured a bone above the toe, and she received ligament and nerve damage. According to the Star, she has undergone 12 surgeries. Two more are required. An expert medical witness for Waikiki claimed that the woman's lingering injuries resulted from << MORE >>
Teen Shot By Police Receives $100,000 Payout
A teenager paralyzed after being shot in the neck by police is receiving a $100,000 settlement from the city of Oakland, California, according to the San Francisco Chronicle. The police officer who shot the 19-year-old had been involved in two fatal shootings prior to the incident. The teenager is now paralyzed. The plantiff's attorney claims that his client was wielding a shotgun, but dropped it as instructed prior to being shot by the officer, now a sergeant on the force. The San Francisco Chronicle reports that the teenager's medical expenses have already exceeded $2.7 ...<< MORE >>
City Settles Bike Crash Case for $15 Million
A $15 million settlement has been reached between the city of Hanford, California, and the family of a teenager who was seriously injured in a traffic accident, according to the Fresno Bee. The plaintiffs charged in the personal injury lawsuit that the city negligently failed to install traffic signals, crosswalks, and signage at a busy intersection that had received repeated complaints. The 14-year-old victim was struck by a car when he was riding his bicycle. The boy suffered serious brain injuries that left him with the verbal abilities of a 6-year-old. He will require ...<< MORE >>
Inmate Sues Town for Police Dog Bites
According to the Hartford Courant, a 65-year-old Hartford, Connecticut man is suing the town of Hartford for police dog bites he suffered while being arrested for attempted murder. The man had two prior murder convictions in other, unreleated cases. The Hartford Courant reports that police were summoned to the man's house after the man threated to kill his wife, daughter, and daughter's boyfriend with a knife. Police claim that they unleashed the police dog on the man after he refused to comply with orders to get on the ground. After the dog bit the man on the leg, ...<< MORE >>
$24 Million Sought in Daughters' Deaths in Police Car Collision
The Belleville News-Democrat reports that the mother of two girls killed when a state trooper smashed into their car has filed a $24 million wrongful death lawsuit against the state of Illinois and the Illinois State Police. The officer was on his way to investigate another vehicle accident when his police-issued Chevrolet Impala swerved across the median on an Illinois interstate. The trooper faced criminal charges in the crash, pleading not guilty to vehicular homicide. The lawsuit is seeking $12 million for each death. The girls were 13 and 18 when they ...<< MORE >>
Bereaved Dad Sues Chrysler, Sets Up Non-Profit for Van Safety
The father of a 10-year-old child who died after being ejected from a 15-passenger van despite her proper seat belt use has formed a non-profit to raise awareness about the van's dangers, according to the Knoxville News-Sentinel. The Knoxville man successfully convinced the U.S. House of Representatives to pass a resolution calling attention to the known risks associated with the large vans, which have a higher probability of rollover than other vehicles. Federal hearings are scheduled for later this year to investigate safety allegations around the vans. The father has filed a ...<< MORE >>
HVAC Product Killed Trucker, Lawsuit Alleges
The Knoxville News-Sentinel reports that a trucker has sued the Knoxville, Tennessee-based manufacturer of a product intended to clear truck cabs of carbon monoxide. The trucker's $18 million wrongful death lawsuit alleges that the HVAC product was defective and instead sucked carbon monoxide from nearby idling trucks into their cab, killing her husband and causing her permanent and debilitating injuries. The married couple worked as long-distance haulers, typically sleeping in their truck cab. According to the News-Sentinel, the HVAC manufacturer declared bankruptcy in May, citing the potential multi-million award as a << MORE >>
McDonald's Should Have Prevented Shooting, According to Lawsuit
According to the Stuart News, a Port Lucie, Florida man has sued McDonald's, alleging that lax security contributed to his shooting at one of their restaurants. The 59-year-old man had purchased food and was eating it in his vehicle when he was confronted by a 19-year-old who attempted to rob him. The two men struggled and the assailant's gun went off, firing a bullet into the restaurant patron's head. The man suffered a severe brain injury that has left him with speech and motor problems. The Stuart News reports that the assailant was sentenced to life ...<< MORE >>
Florida Supreme Court to Weigh Release Forms for Minors' Risky Activities
According to the Stuart News, Florida's Supreme Court will soon be hearing a case weighing whether the waivers signed by parents releasing companies from liability for their children's risky activities are valid. The case is being brought to the court by the family of a teenager who died while driving an ATV at a motorcross park. The father of the 14-year-old had signed a waiver at the park unbeknownst to his ex-wife, the boy's mother. The mother filed a lawsuit alleging that the motorcross park was negligent in the boy's death, but ...<< MORE >>
Bar Reaches Settlement With "Habitual Drunkard" Over Car Crash
According to the Palm Beach Post, a 30-year-old man described by his own lawyers as a "habitual drunkard" received a settlement from a Boynton Beach, Florida bar. He allegedly left the bar while visibly intoxicated and smashed his car, injuring three passengers. The passengers have filed a separate lawsuit against the bar. The defendant was convicted of a felony DUI in the case, and served two years in prison. He ran a red light at a busy intersection and collided with another car. The Palm Beach Post reports that his passengers ...<< MORE >>
Mother Sues Department of Children and Families in Son's Death
The mother of a 7-year-old boy who died after his father allegedly inflicted blunt force trauma to his head has sued Florida's Department of Children and Families, according to the Miami Herald. Custody had been awarded to the father after a prolonged dispute. The father of the child had accused the mother of neglect. The wrongful death lawsuit alleges negligence by the department and its contractors, claiming that child abuse allegations against the father did not receive proper follow-up. The Miami Herald reports that the Broward County sheriff's office is currently investigating the case. ...<< MORE >>
Pennsylvania Recycling Firm Sued in Fatal Truck Accident
The Centre Daily Times reports that a Pennsylvania recycling firm, along with one of its employees, is being sued by victims of an accident in which one of the firm's trucks lost its brakes and crashed into a commercial garage. The crash killed a 59-year-old man, destroyed the garage, and, according to the lawsuit, caused the owner of the garage severe emotional and physical injuries. Police accused the driver of the truck of incorrectly applying his brakes instead of downshifting when traveling down Pennsylvania's Pine Grove Mountain. According ...<< MORE >>
Lost Tumor Nets Plaintiff $275,000, but Attorney Charges Clinic With Stalling
The Riverside Press-Enterprise reports that an attorney is claiming that a Riverside, California medical clinic is cynically waiting for her 69-year-old client to die rather than pay a $275,000 personal injury judgment awarded for the mishandling of her cancerous tissue sample. The woman is dying of melanoma which went undiagnosed for three years, even though she had a tumor on her foot that was deemed suspicious enough to biopsy. The woman's medical records indicated that the tumor was lost in transit to the lab that was to analyze it. The defendant's attorneys ...<< MORE >>
Jury Finds for Plaintiff in Case Against Seattle Police
A 22-year old Seattle man has received a favorable jury verdict in a lawsuit against the Seattle Police Department, reports the Seattle Post-Intelligencer. A jury awarded the man $268,000 in damages for a 2006 incident in which officers made a false and unlawful arrest and used excessive force when arresting and jailing the man on charges of obstruction and resisting arrest. The verdict defied the odds. Seattle had not lost a police misconduct lawsuit in over ten years. Prior to the incident, the plaintiff had been ...<< MORE >>
Actor Dennis Quaid Testifies Against Pharma Immunity
Actor Dennis Quaid lent his support on Capitol Hill to Democrats seeking to derail a plan to provide pharma companies immunity from lawsuits, according to the Baltimore Sun. Quaid's infants were involved in a high-profile medication mishap when they received an overdose of heparin, a blood thinner, at a Los Angeles hospital. The heparin had been mislabeled. The Supreme Court is expected to hear a case this fall that could exempt drug makers purveying FDA-approved drugs. Quaid's testimony took place at a House Committee hearing, according to the Baltimore Sun. The babies have ...<< MORE >>
Settlement Reached in Wisconsin Resort Fire
A $21 million settlement has been reached in the case of a couple who burned to death at a Wisconsin resort, reports the St. Paul Pioneer Press. Defendants in the lawsuit included the resort where the incident took place, construction companies involved in electrical work that preceded the explosion, a utility, and their insurance companies. The settlement is being split among the couple's three children. The couple was vacationing with their children and other family members in July 2006 when an early morning explosion rocked their cottage. Other family members managed to ...<< MORE >>
Boy Pitcher Suffers Brain Damage in Baseball Game; Manufacturer Sued
The family of a 12-year-old pitcher who was brain-damaged when he was struck in the chest with a baseball has filed a lawsuit against the manufacturer who made the metal bat involved in the incident, reports the New York Daily News. The line drive stopped the young athlete's heart, leaving his brain deprived of oxygen for 15 to 20 minutes. Other defendants include the sporting goods store that sold the bat and the Little League Baseball organization. According to the Daily News, the incident took place during a Police Athletic League game, not a ...<< MORE >>
Well-Known Dallas Personal Injury Attorney is Himself in a Serious Fire Truck-Car Accident
Brian Loncar, a well-known Dallas personal injury attorney who refers to himself in advertisements as the "Strong Arm," has been seriously injured when the 2008 Bentley that he was driving was hit by a fire truck that was racing toward a service call.
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Loncar, 47, was taken to Parkland Memorial Hospital and said to be in critical condition, according to Tanya Eiserer, writing in The Dallas Morning News.
The paper reports that the force of the accident pushed Loncar's Bentley through the intersection where the fire truck hit the car and into a third vehicle carrying a woman and three children.
A Dallas police officer told Eiserer that the accident is under investigation, but since the fire truck had both its lights and siren on, Loncar will likely be charged with failure to yield to an emergency vehicle. In an ironic twist, the prominent lawyer himself could become the defendant in a wrongful injury lawsuit.
As the paper notes, Loncar is "one of the state's most prominent personal injury attorneys," adding that his advertising often includes the slogan, "When you're hurt in a car wreck, you need someone on your side." His commercials promise to help those injured "due to the negligence or misconduct of another person."
Injured Firefighter Gets $1.8 Million Payout from Seattle
According to the Seattle Post-Intelligencer, a firefighter who was severely injured in a mishap during a training procedure is receiving a $1.8 million payout from the city of Seattle, following a state Supreme Court ruling in the firefighter's favor. The firefighter's lawsuit alleged that the city was negligent in that it didn't provide adequate water breaks during the training, which took place in hot summer weather. The firefighter, currently working as a dispatcher with the Seattle fire department, was hurt when he passed out and fell off a ladder due to heat ...<< MORE >>
Men Injured in Auto Race Mishap File $150,000 Lawsuit
According to the Journal-Courier, two Sangamon County, Florida men who were hit by an out-of-control sprint car while attending an auto race in Jacksonville have filed lawsuits against the speedway's promoters and against Morgan County, Florida, the municipality which putatively owns the race track. The Journal-Courier reports that the men are asking for $150,000 for severe and permanent injuries causing both economic and non-economic damage. The lawsuit claims that the defendants were negligent in not providing a fence protecting spectators and participants in the pit area.
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Former Supreme Court Nominee Settles Lawsuit With Yale Club
According to the Yale Daily News, Robert Bork, former Supreme Court nominee and fervent supporter of tort reform, has settled a $1 million lawsuit with a Yale University alumni club for injuries incurred when he fell while mounting a dais. Bork's complaint alleged that the University was negligent in not providing a handrail or stairs. Bork was formerly a Yale law professor. Another Yale professor observed that the lawsuit was evidence of Bork's resentment at not being supported by a number of former colleagues in his bid for the high court. The ...<< MORE >>
Dog Poop Ruins Aquarium Trip; Mom Seeks Damages
The Connecticut Post reports that a New York woman filed a claim against the city of Norwalk, Connecticut, alleging that a pair of shoes, along with the family outing, were ruined by her daughter's misstep into a pile of dog poop outside the garage of the Maritime Aquarium. The woman has requested a total of $100 in damages. She wants $54 from the city to compensate for the 1-year-old child's shoes, along with compensation for parking and admissions fees. According to the Connecticut Post, the Norwalk city attorney denied the claim, quipping that "poop ...<< MORE >>
Insulin Pump Injuries Among Teenagers Rising, FDA Concludes
According to the Associated Press, the Food and Drug Administration has released a report concluding that insulin pumps have led to increasing deaths and injuries among teenage users. The FDA study reviewed 10 years of data and concluded that although device malfunction was sometimes to blame, the bigger problem was non-compliance from careless and risk-taking teens. 15,000 injuries and 13 deaths were linked to the devices, which are used to control type 1 diabetes. Teens who were injured by the pumps reportedly weren't versed in proper use of the devices, dropped them, or didn't take proper ...<< MORE >>
Lawsuit Reform Group Claims Texas Economic Benefits
According to the The Monitor, a study commissioned by Texas for Lawsuit Reform has concluded that the Texas economy has been measurably improved by limits on legal damages legislated in 1995. The report claims that tort reform mandates are responsible for creating 500,000 new jobs, freeing up $2.6 billion in state resources, and pumping an additional $113 billion into the economy. Plaintiffs' advocates disagree with the findings, however, claiming that the study's methodology is flawed, and that tort reform has inhibited the ability of victims of corporate negligence to find ...<< MORE >>
Senior Citizen Blamed for Injuries by EMT Responder
The News-Press reports that a Lake County, Florida firefighter EMT who was responding to a call for help at an 84-year-old woman's home has filed a lawsuit against the woman for injuries allegedly suffered in the process. The front wheel of the fire truck the EMT was riding in allegedly broke through a septic tank lid. The EMT claims that the elderly woman is responsible for the back and neck injuries she suffered in the mishap. According to the News-Press, the EMT is seeking $15,000 in damages.
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Appeal Filed with Ohio Supreme Court in $2 Billion Boy Scout Suit
The Vinton Courier reports that a woman has filed an appeal with the Ohio Supreme Court, alleging that the Boy Scouts of American are responsible for a traumatic brain injury she claims to have suffered while serving as a Boy Scout leader. Her filing was in response to a dismissal of the case by the Ohio Fourth District Court of Appeals, which ruled that the statute of limitations had expired at the time of her lawsuit. Her injury allegedly occurred in 2002, when she fell and hit her head while ...<< MORE >>
Patient Commits Suicide Post-Surgery; Anesthesiologist Sued for Wrongful Death
The Beckley Register-Herald reports that the family of a Baptist minister who committed suicide two weeks after his anesthesia was botched during surgery has settled a wrongful death lawsuit with the anesthesiologist. The West Virginia man reportedly remained awake and aware for 16 minutes of an operation which included the removal of his gallbladder. The anesthesiologist had administered a paralytic agent which rendered the man incapable of moving or communicating, but failed to administer the anesthesia that would have allowed him to sleep through the operation. The minister exhibited psychiatric symptoms including sleeplessness and fear of ...<< MORE >>
Brain-Injured Man Receives $5.1 Million Settlement for Unmonitored Sedation
The San Francisco Examiner reports that a settlement of $5.1 million has been reached in the case of a man who was brain-injured after suffering cardiorespiratory failure as a result of improper sedation at San Francisco General Hospital. The man, 40-years-old at the time of the 2005 incident, presented to the emergency room with fever and cough. He received a diagnosis of renal failure and was given repeated doses of sedatives that allegedly were unmonitored. According to the San Francisco Examiner, the man now requires around-the-clock care.
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Singer and Son Must Pay $1.3 Million for Wrongful Death of Young Rapper
According to the Newark Star-Ledger, the family of a 17-year-old aspiring rapper is entitled to a $1.3 million payout for wrongful death and negligence from vocalist Chaka Khan and her son. The teenager was allegedly shot by Chaka Khan's son in a dispute about a romantic triangle while he was a guest at Chaka Khan's home. Chaka Khan's son was acquitted of murder charges in 2006, according to the Star-Ledger. Neither Khan nor her son responded to the lawsuit, and the order was issued as a default judgment.
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Supplier of Contaminated Blood Thinner Sued for Wrongful Death
According to the Philadelphia Inquirer, health care supplier Covidien has been sued for wrongful death by the estate of a man who died after being treated with tainted heparin. Heparin is the blood thinner that was recalled late last year after it was discovered that an ingredient used in the drug had been contaminated by an OTC dietary supplement wrongly added by a manufacturing plant in Changzou, China. The Missouri victim had allegedly never been contacted with a recall notice or warnings about possible problems with the medication. Suppliers other than Covidien had already begun their ...<< MORE >>
Lawsuit Claims School Negligence in Death of 7-Year-Old
The Las Cruces Sun-Times reports that a New Mexico school system has been sued in the death of a 7-year-old student who died after participating in a class physical activity, even though she'd been sent to school with a note asking her to be excused from physical education. The girl got sick at class and vomited, but was allowed to continue with class. She had a known congenital cardiac condition. The lawsuit also claimed that the school initially called the wrong parents and was negligent in quickly obtaining emergency medical services. According to the ...<< MORE >>
Smithsonian Exec Immune from Injury Lawsuit, Judge Rules
The Washington Post reports that a federal judge has ruled that a high-ranking executive at Washington's Smithsonian Institution indeed assaulted a Smithsonian janitor, but is immune from injury lawsuits. The U.S. District jurist ruled that the executive couldn't be sued owing to a federal law intending to shield certain federal employees from injury claims. The lawsuit alleged that the senior Smithsonian manager violently yanked a lanyard that was around the janitor's neck, shoved her head against a wall, and slammed her up against a door. According to the ...<< MORE >>
McDonald's Sued for Negligence in Toilet Paper Dispenser Mishap
The Youngstown Vindicator that a lawsuit has been filed against McDonald's and one of its local operators in an incident inv