Alabama Injury Attorneys Blog

Carnival Reaches Settlement While Injury Lawsuits Increase

Thu, 02 Feb 2012 15:48:00 -0600

After the Italian cruise ship, Costa Concordia, crashed in January, the Carnival Corporation reached a settlement agreement with cruise passengers. After the boating accident sparked a number of personal injury lawsuits, the company has agreed to pay each passenger $14,500 (11,000 euros) plus reimbursement for their expenses including the cost of the cruise.

The personal injury lawsuits surrounding the Costa Concordia cruise ship has prompted Carnival Corporation to reach an agreement with consumer groups in Italy, France, Spain and Germany as Carnival Corporation was sued for the first time in the U.S. over the wreck of the Italian cruise ship.

A U.S. complaint was filed in federal court last week by a crewmember alleging negligence and breech of contract. Gary Lobaton, the crewmember responsible for the lawsuit, is seeking a class action to represent all victims of the boating accident.

Concordia's Captain, Francesco Schettino, has been under house arrest since January 17th for allegedly causing the wreck and abandoning the ship. The Captain has stated repeatedly that he was asked to navigate the vessel close to the island to salute Giglio. Although, Italian newspapers state the salute was not authorized.

Schettino is likely to face criminal charges, as Italian attorney Giulia Bonginorno is set to file a complaint on behalf of his clients who are not satisfied with just financial compensation. Bonginorno aims to ask prosecutors to investigate the captain's responsibilities as well as all other responsibilities.

As of now, there are 18 confirmed missing from the Concordia accident near the Italian coastline. The vessel contained about 4,200 passengers and crew and occurred just hours after leaving a port near Rome. According to a Costa spokeswoman, the compensation Carnival is offering is actually higher than the current indemnification limits. However, families of the victims injured and killed will be offered additional compensation.

It is estimated that about 85% of passengers will accept the offer, including expenses, which will correlate to about 42 million euros; however, Italian consumer groups are advising clients to hold out. Several U.S. personal injury firms are putting together a class action lawsuit seeking 125,00 euros per person and more than 1 million euros for serious or death related cases. Carnival has insurance coverage of up to $3 billion.

What is Hardest Hit Alabama?

Wed, 01 Feb 2012 11:24:42 -0600

The Federal government has authorized $162 million in mortgage assistance to qualified homeowners.

If you lost your job and you are struggling to pay your mortgage payment, you may qualify for Hardest Hit Alabama, a foreclosure prevention program. The US Treasury has allocated $162,521,345 to help Alabama homeowners who are unemployed.

Homeowners, who are eligible, will receive up to $15,000 to pay their mortgage payment for up to 12 months.

Eligibility Requirements in Alabama
• Property must be the primary residence
• Home must be located in Alabama
• Must be eligible to receive unemployment benefits
• Annual household income not to exceed $76,440
• Homeowners convicted of mortgage or real estate transactions such as felony larceny, theft, fraud/forgery, money laundering, or tax evasion
• No active bankruptcy
• Mortgage must be executed on or before February 1, 2011
• Unpaid principle not to exceed $258,690

Maximum Financial Assistance in Alabama
• 12 consecutive payments or $15,000 per household
• 18 monthly payment in disaster counties
• Initial payment to bring the loans current may not exceed the lesser of 6 months
payments or $7,500

How to apply?

Visit www.hardesthitalabama.com for the application.

Application process:
• Complete online application
• Submission of required documents
• Underwriting: Verify DIR, property ownership, mortgage, calculate income
• Loan closing-Doc. signing company meets with homeowner to execute a note and mortgage.
• Disbursement begins once the doc signing company receives verification.
• Disbursements stop two months after re-employment or conclusion of unemployment benefits.

Fatal Accident Prompts $1 Million Lawsuit

Tue, 31 Jan 2012 16:33:12 -0600

After a fatal auto accident killed her son, the mother of Evan Raasch filed a wrongful death lawsuit.

Evan Raasch, 15, was riding with his good friend, Matthew Hoskins, 17,when Matthew lost control of his vehicle and crashed. Along with the two boys, Matthew's sister, Briana Hoskins, was also involved in the car wreck and thrown 92 feet. Briana, 15, miraculously survived the car accident; however, the two were killed on impact.

Evan Raasch's mother, Karla Raasch, filed a wrongful death suit against the parents of Matthew Hoskins alleging negligence in the fatal accident. According to the personal injury lawsuit, the Chevrolet Camero that Matthew was driving was modified with a nitrous oxide kit to make the car reach a faster speed. Nitrous oxide, while legal for racetrack vehicles, is not indicated for use of public road.

At the time of the fatal car accident, the Camero was traveling at a speed of 100 mph.
Karla Raasch along with her personal injury attorney asked for more than $1 million in damages and named the Matthew Hoskin's estate as well as Mack and Cammy Lyons as defendants.

Early responders on the accident scene photographed the wrecked vehicle and identified a bottle of nitrous oxide dislodged from the trunk. Karla Raasch along with her personal injury attorney filed the wrongful death lawsuit on January 27, 2011 almost a year after the crash. The lawsuit states Hoskin's was an unsafe driver and his parents should have known due to the number of tickets Matthew received. The lawsuit also alleges the engine in Matthew's car was altered or destroyed to cover up the evidence of nitrous oxide. According to the personal injury attorney, "we don't know where the car is."

Karla Raasch's attorneys requested a jury trial to let the jury decided on the appropriated settlement amount. The fatal car accident occurred about 3:45 p.m. after he lost control, skidded and crashed into a tree. No one was wearing seatbelts and the car had no airbags. As a result, Evan Raasch was thrown from the vehicle and later died in the ambulance on the way to the hospital while Matthew died at the scene.

Jury Awards Largest Nursing Home Verdict in the State- $200 Million

Tue, 24 Jan 2012 10:44:57 -0600

A Florida jury recently awarded the family of Elvira Nunziata with a $200 million verdict after she fell and died in a local nursing home. Nunziata began living at the Pinellas Park nursing home in 2003. In October 2004, Nunziata, 92, was found strapped to her wheelchair at the bottom of 10 stairs. Paramedics were immediately called in; however, Nunziata died shortly after their arrival. Prone to wonder, Nunziata was with a group of residents at the Florida retirement home when employees noticed she was missing. About an hour later, Nunziata was found at the bottom of an emergency exit.

At the time of the accident, Trans Health Management managed the nursing home. Nunziata's son sued Trans Health Management for his mother's wrongful death in 2005.

It took the jury less than one hour to return a verdict in favor of the plaintiff. The jury returned a $60 million verdict in compensatory damages and $140 million in punitive damages. According to the personal injury attorney representing the case, this is one of the largest nursing home neglect verdicts in the state. The personal injury lawyer representing the family asked the jury to return a verdict that would send a message to the nursing home that neglect and bad healthcare would not be tolerated.

During the nursing home abuse trial, former caregivers testified that the nursing home was understaffed and that prior to her death Nunziata had suffered several falls and injuries. Nunziata also had early onset dementia and staff and caregivers knew this.

It is estimated that for every one instance of nursing home abuse, another five are unreported. Reports indicate that 5% of the elderly population in the United States resides in nursing homes which equals about 1.8 million people. Every year loved ones are placed in nursing home facilities across the county and undoubtedly large percent of them will endure some form of nursing home abuse or neglect.

Cruise Line Suspends Investigation in Boating Accident

Fri, 20 Jan 2012 11:58:39 -0600

Cruise Ship Accident Kills 11, More Passengers Missing

Thu, 19 Jan 2012 11:50:26 -0600

What should have been a wonderful vacation along the Tuscan coastline turned into a nightmare for cruise patrons and families involved in the tragic cruise line accident on January 13, 2012.

Early reports indicate the cruise ship's captain, Francesco Schettino, 52, navigated off course to show off the $450 million vessel when he ran the ship aground. After ripping a hole in the ship's hull, Capt. Schettino, apparently left the vessel and fled in a lifeboat leaving panicked crewmembers and passengers to franticly evacuate the ship, evoking images of the Titanic.

There were roughly 4,200 people on board the Costa Concordia when the ship ran aground. Of the 4,200 people over 3,200 were passengers with the remaining 1,000 serving as crewmembers. Remarkably, the majority of the passengers were able to evacuate the ship. However, boating accident.

In the weeks and months following the cruise line accident, families and passengers will begin to pickup the pieces of their lives and to seek recovery for their losses- ranging from the loss of life to the loss of possessions. One website, Cruise Critic, is already reporting a class action lawsuit among 70 passengers for the tragic boating accident. Undoubtedly, more personal injury lawsuits and wrongful death cases will follow. The question will become who is liable for the boating accident and did passengers waive any rights when they purchased their ticket and boarded the ship. Depending on the wording in the cruise line's fine print, injured passengers could be placed at a significant disadvantage, leaving the company fully protected.

Free Tornado Insurance Review in Sumiton, Alabama

Wed, 18 Jan 2012 10:11:18 -0600

Where you a victim of the April tornados? Did you homeowner's insurance policy deny your claim? Did your policy pay you everything you were entitled to?

On April 28, 2011, families all over the Alabama were devastated by a series of tornados that swept through our state. Many families lost everything including loved ones and priceless possessions.

For weeks and months following the Alabama tornados, victims all over Alabama began the difficult process of rebuilding their lives. Homes damaged and/or leveled needing rebuilding and repairing. As a result, the focus on federal relief efforts such as FEMA and homeowner insurance policies became a priority. Many people assumed because they had private insurance policies that their homes would be covered. However, in some cases this would prove to be false.

Insurance policies are written in a way that make it extremely difficult for the average Alabamian to understand their policy and to understand all they, the homeowner, are entitled to. The insurance companies know this and are aware that most people do not know what their policy provides for them. Sadly, this was and is a reality for many people who where victims in the Alabama tornados.

The other issue with insurance companies has been failure to pay in a timely manner. Insurance companies realize that for homeowners, dealing with a policy claim can be an enormous headache. Some insurance companies will intentionally delay payment or avoid payment for claims knowing the homeowner will eventually get frustrated and drop the claim entirely.

As a way to give back to the community, the Fox 6 LawCall personal injury attorneys at Farris, Riley and Pitt will be hosting a free insurance review in Sumiton, Alabama on Tuesday, January 24, 2012 at the Sumiton Civic Center from 10-4 to make sure everyone received all they were entitled to.

Judge Moves Forward With Taser Death Lawsuit

Thu, 12 Jan 2012 13:44:54 -0600

The family of Brain Cardall filed a wrongful death lawsuit against the Hurricane Police chief, and police officer and the City of Hurricane after he was killed by a police taser.

In 2009, Brian Cardall pulled over on the side of the highway to take his bi-polar medication. After a manic episode, the 32-year-old left his car naked and walked out into the road. In a state of panic and out of concern for his safety, Cardall's wife, Anna, called the police to try to detain Brian who was trying to flag down vehicles and direct traffic. In a recording of the 911 call placed, Anna told dispatchers she was worried a car would hit her husband. The recording also picks up the voice of Brian Cardall in the background speaking gibberish. Two officers arrived at the scene, fully aware of Brian's condition and situation. When the officers arrived, Cardall was no longer in the road. According to the personal injury lawsuit, the officer never attempted to calm Cardall, rather tased him twice, which ultimately caused his death a short time later.

After filing a wrongful death lawsuit on Brian Cardall's behalf, the family alleged the actions of the police officer caused emotional distress, willful misconduct and wrongful death. In addition, the personal injury lawsuit contends the police officer ordered Anna Cardall to return to her vehicle, preventing her from helping her husband. The police officers failed to provide any form of medical aid to Brian Cardall before the paramedics arrived. The wrongful death lawsuit states the police and the taser caused Brian's death on June 9, 2009.

Last month, the defendants asked a federal judge to dismiss this case. However, the judge has decided the personal injury case will go to trial. The personal injury attorney representing the Cardall family said they "are anxious for a jury to hear the evidence" in this case. In addition to Anna, the couples two daughters, Ava and Bella, are listed as plaintiffs as well as Cardall's parents, Duane and Margaret Cardall.

Taser International claims the use of tasers are much safer compared to a police batons and pepper spray. While the company claims the safety of tasers, a number of deaths from a police taser may prove otherwise.

Wrongful Death Case Filed in Toddler Death

Mon, 09 Jan 2012 16:23:10 -0600

The parents of 2-year-old River Moore have filed a wrongful death lawsuit against pharmaceutical giant, Johnson & Johnson, for a defective product. River's parents, Daniel and Katy Moore, allege he was given a dose of recalled children's Tylenol and died as a result.

Johnson & Johnson and it's healthcare subsidiary, McNeil Consumer Health, recalled over 136 million bottles of liquid infant and children Tylenol on April 30, 2010. The voluntary recall was due to metal particles and incorrect doses.

According to the wrongful death lawsuit filed, the Moore's son was supposedly given a larger than normal dose of Tylenol and suffered liver damage as a result. The toddler died on July 23, 2010, less than three months after the Tylenol was recalled. The parents claim River had a slight fever and was given Very Berry Strawberry Children's Tylenol. He soon began spitting up blood 30 minutes later. River was immediately rushed to the hospital where he died the next day.

The personal injury attorney representing the family stated the liquid medicine contained an excessive level of "acetaminophen that damaged the child's liver" and subsequently caused his death. River's had extensive testing both before and after his death to rule out viruses or any other medical conditions. According to the autopsy performed, the child died from sudden liver failure. His liver enzymes were three times the normal level. The personal injury attorney representing the Moore's said the only possible cause of enzymes reaching that level is medication ingestion.

The lawsuit pertaining to the wrongful death of a child, accused Johnson & Johnson of negligence, recklessness, breach of warranty, emotional distress, etc. The wrongful death lawsuit is seeking an unspecified amount of damages.

Since September 2009, J & J has issued two dozen recalls for a variety of products including Motrin, Benadryl, Tylenol and other medicines for HIV, seizures, hip implants and contact lenses.

Steroid injections Linked to Paralysis and Death

Wed, 04 Jan 2012 15:15:47 -0600

Due to a number of complications, the U.S. Food and Drug Administration is now reviewing the safety of using steroid injections into the epidural space surrounding the spinal cord. Steroid injections have become one of the most popular ways to treat chronic neck and back pain associated with a car accident or auto accident. With more and more Americans requiring steroid injections for chronic pain, so comes the increased number of problems. Epidurals are typically a routine procedure and take minutes to administer. However, recent findings of severe complications such as paralysis and death have alerted the FDA to step in.

Last year, over 8.9 million Americans received steroid injections. Many of the recipients were victims of car accidents and suffering chronic pain. According to the chairman of the American Society of Interventional Pain Physicians, steroid injections, specifically among Medicare patients, have increased 159% over the past ten years.

The pain market is an estimated $300 billion a year industry with epidurals serving as one of the more popular procedures. Epidurals fall under a category called interventional procedures and includes shots of painkillers and spinal cord. Last year Americans spent $23 billion in this category alone-a 231% increase from 10 years ago.

Steroid injections, known as corticosteroids, provide anti-inflammatory relief and are popular to provide knee, shoulder, hip and joint pain. The FDA group investigating the epidural claims are part of the agency's Safe Use Initiative and is intended to reduce "preventable harm". The FDA is investigating injections in which the needle comes within millimeters of the spinal cord, which account for half of the 8.9 million epidurals administered last year.

In 2007, a survey indicated that 78 patients who received shots in the neck for pain suffered serious injury when 13 of those patients resulting in death. Between 2005 and 2008, claims of spinal cord injuries from epidurals caused 31 separate malpractice claims.

Studies are indicating that physicians administer no more than four injections within a six-month time frame. However, pain management guidelines do not indicate an appropriate number of epidurals. One study found a patient who had received 51 epidural injections within a year. Another study found a patient who had suffered a severe spinal cord injury from a car accident and had received 13 epidurals with in a five-month period, and as a result suffered kidney failure.

$8.5 Million Awarded in Tractor-Trailer Death

Fri, 30 Dec 2011 16:52:01 -0600

The family of John Paul Lacaillade, II was awarded an $8.5 million verdict by a federal jury for his wrongful death. Lacaillade, 38, was bicycling in Maine when he was run over by a tractor-trailer.

The trucking accident occurred in 2008 with a Canadian trucking company, Loignon.
Lacaillade was "sprint training" when his bike hit a broken patch of pavement. He was thrown off the bike into the road underneath the wheels of a tractor-trailer.

Lacaillade's widow, along with her two children, filed the wrongful death lawsuit last year against the trucking company for the death of her husband. Claiming negligence, Lacaillade's widow named the company as well the truck driver for causing the death of her husband. Loignon, the tractor-trailer company, denied any wrongdoing and initially offered the widow $100,000 to avoid a trail.

After a seven-day trail, the jury returned a verdict in favor of the plaintiff for $8.5 million. The widow was awarded $2.5 million for emotional distress, $3.5 million for loss of future wages, earning power and house personal injury awarded and another $2.5 million to the couple's two children.

The personal injury attorney representing the family could not be reached for comment following the trial.

Tragedy Strikes Tuscaloosa, Alabama- 3 Killed in Car Accident

Thu, 29 Dec 2011 15:24:33 -0600

A Tuscaloosa car accident has claimed the life of three people. Around 7:00 p.m. last night, two trucks collided near Coker. Johnny Channell, Brandon Campbell, and Jarrod Porter were killed in the Alabama car wreck. The three victims died when their pickup truck crashed into a service truck. According to an eyewitness, the pick up truck ran a stop sign before colliding with the service truck.

A Northport, Alabama police officer reported that the driver of the service truck was taken to nearby DCH Medical Center in Tuscaloosa. There is no report on whether the service driver was injured in the auto accident.

Infant Dies From Bacteria Strain, Formula in Question

Tue, 27 Dec 2011 10:29:22 -0600

Mead Johnson infant formula, Enfamil, has been called into question after a 10-day old infant, Avery Cornett, died from a rare strain of bacteria believed to be linked to Enfamil.

Avery's parents rushed the infant to the hospital after he appeared lethargic and presented signs of stomach ache. The hospital confirmed the infant tested positive for Cronobacter Sakazakii, a bacteria that can be found in milk-based infant formula. While the bacteria is also considered an environmental contaminant, the diagnosis of the bacteria in the 10-day old infant prompted health officials to question the safety of the infant formula.

The County Health Department sent off samples of the two kinds of formula Avery had been eating. However, both tests came back negative and found Enfamil completely safe.

The U.S. Food and Drug Administration and the Centers for Disease Control are trying to determine the origin of the bacteria strain. In addition, the health agencies are expected to be testing a number of environmental sources for possible bacteria contamination.

Enfamil, manufactured by Mead Johnson, has conducted multiple test in conjunction with the health agencies and stands by the safety of the their product. A Mead Johnson spokesperson told local press that they wanted to "reassure parents and health care professional about the safety and quality of their products." Mead Johnson infant formulas undergo more than 2,300 quality test and inspections to make sure their products are safe for infant consumption.

The FDA has not issued a nationwide recall as they are still trying to determine if there is a link between the infant formula and the infant's cause of death. However, out of caution, Wal-Mart initially pulled all Enfamil formula from company shelves until the product was proven safe. Kroger additionally pulled all 12.5 ounce Enfamil Premium Newborn formula with the batch number ZP1K7G.

According to Mead Johnson, all infant powder products are tested for Cronobacter (Enterobacter sakazakii) prior to shipment. If any traces of bacteria are found, the formula is "rejected and not distributed" to retail outlets.

Signs of Hope

Tue, 20 Dec 2011 12:10:00 -0600

FRP Staff and Attorneys Participate in National Charity.

Every year, we as a firm, are reminded of our many blessings both personally and professionally. As a personal injury law firm, we are given the opportunity to help injured people and families often in their greatest time of need. Throughout the year, we represent injured victims and broken families whose lives have been turned upside-down from tragedy and misfortune. People who have suffered injuries from auto accidents, lost loved ones from nursing home neglect, and hurt in on-the-job injuries are people we help everyday. So it is without question, that at this time of year, we take a moment to not only reflect on the opportunities we as a firm have been given to help injured people but to also be a beacon of hope for the future.

The holidays, for many, are a wonderful time of year filled with large amounts of food, gifts and gratitude. However, for some families, Christmas can be a reminder of injuries suffered or loved ones lost. It can be a time of great sadness for those Alabamians who must do without.

At Christmas, the attorneys and staff at Farris, Riley and Pitt give to a charity organization that we fell strongly deserves additional support. This year the Toys for Tots Foundation in Jefferson County was in desperate need of toys so deserving children would wake up Christmas morning with a present to open. By pooling our resources, we were able to donate two cars full of toys to the Marine Toys for Tots Foundation so Jefferson County children could wake up Christmas morning with not only a gift to open but also a sign of hope.

Wrongful Death Lawsuit Filed Against School Board

Mon, 19 Dec 2011 16:31:33 -0600

What could only be a nightmare for a parent has become a reality for the mother of a Benny Bills Elementary School third grader after she was tragically killed in a car accident.

Alexis Thompson was just nine years old when she was involved in a serious car accident that would later take her life. Alexis was participating in an after-school program when her intoxicated stepfather, Dusty McDonald, noticed she did not get off the bus.

According to local authorities, the intoxicated McDonald drove his 1984 Chevy truck to get Alexis. After picking her up, he failed to notice a curve in the road and crashed his pickup into a tree. McDonald fled the scene of the car accident and left nine-year-old Alexis trapped in the vehicle. Alexis was later pronounced dead at a nearby hospital from serious injuries.

McDonald fled the drunk driving accident scene on foot where he would later plead guilty to leaving the scene of an accident. On September 8th, McDonald pled guilty to aggravated vehicular homicide and a fifth offense of driving with a suspended license. For the drunk driving accident, McDonald was sentenced to 22 years in prison, which he will have to serve six years before he is eligible for parole.

Alexis Thompson's mother, Christina McDonald, filed a wrongful death lawsuit against the school officials claiming they were negligent by allowing Alexis to ride with an intoxicated driver who was not on the approved transportation list.

The personal injury lawsuit alleges the after-school program leader smelled alcohol on McDonald's breath and allowed Alexis to be released under his care. The personal injury attorney representing Christina McDonald claimed this was a "substantial factor in a case involving the death of a minor."

The after-school program is only supposed to allow authorized people on the student's emergency card to pick up students. According to the school's policy, any program leader who suspects a parent/adult of intoxication or displaying erratic behavior must report it immediately and contact another parent to pick up the child. However, if the adult takes the child anyway, the police are to be notified immediately.

The wrongful death lawsuit asks that Christina McDonald be awarded a just and fair amount in compensatory damages for drunk driving accident that killed her daughter.