California Injury Lawyers Blog

Kelly Thomas' Mom Agrees to $1M Orange County, California Wrongful Death Settlement from the City of Fullerton Over Fatal Police Beating

Wed, 16 May 2012 15:07:10 -0800

Cathy Thomas, Kelly Thomas's mom, has agreed to accept a $1 million Fullerton wrongful death settlement from the city. Thomas is the 37-year-old mentally ill homeless man who died last year after an altercation with police outside the Fullerton Transportation Center. This Orange County, California civil settlement is separate from the criminal cases against police officer Manny Ramos, who is charged with involuntary manslaughter and second-degree murder, and Cpl. Jay Cicinelli, who is charged with excessive use of force under color of authority and involuntary manslaughter. Both men will stand trial.

In exchange for the settlement, Cathy has agreed not to pursue further damages from the city related to her son's death. The $1 million amount was suggested by a mediator.

A 33-minute video of the July 5, 2011 altercation captures Ramos putting on latex gloves and threatening to use his fists against Kelly, who police suspected of attempting to open the doors of parked cars in the vicinity. Kelly then got up, put his hands in front of him and started to walk away. That is when Ramos and another cop, Officer Joe Wolfe, started striking Kelly, who didn't appear to pose any physical threat to them with batons. Cops also allegedly used their fists and Tasered Kelly. He was beaten for eight minutes before falling into a pool of his own blood. (After falling into coma from the traumatic brain injuries he sustained during the assault, Kelly died five days later.

The assault was recorded on a cell phone and the footage later went up on YouTube. His death allegedly hands of the six cops sparked an outcry and more than 200 protestors hounded City Hall and the Fullerton Police Department for answers and action.

Wolfe and three other cops allegedly linked to the beating, Sgt. Kevin Craig, Officer Kenton Hampton, and pl. James Blatney, have not been charged. All of them are on administrative leave. Kelly's dad, Ron Thomas wants a criminal case to be filed against Wolfe. Ron is not a part of his ex-wife's Fullerton excessive use of force settlement with the city.

"Even if no criminal charges are filed against police officers that you believe were involved in your loved one's assault, you may still be able to pursue damages against them, the department, and/or the city or state," said Orange County, California police brutality attorney Vincent Howard.

Following the way Kelly's arrest was handled, questions were raised about whether Fullerton police are properly trained to deal with people suffering from mental illness. At the time of the assault, Kelly, who was schizophrenic, was not on his medication.

Homeless man's mother settles with Fullerton over his death, Los Angeles Times, May 16, 2012

Homeless advocates look to change city government, SCPR.org, May 15, 2012

Hundreds gather in Fullerton for Kelly Thomas protest, ABC Local, August 6, 2011

More Blog Posts:
Fullerton Cops Accused of Orange County, California Police Brutality in Fatal Beating of Kelly Thomas, California Injury Lawyers Blog, August 13, 2011

Mentally Ill Homeless Man Beaten by Fullerton Police Died from Asphyxia, Reports Coroner, California Injury Lawyers Blog, September 21, 2011

Fullerton Cops Accused of Orange County, California Police Brutality in Fatal Beating of Kelly Thomas, California Injury Lawyers Blog, August 13, 2011

Los Angeles Medical Malpractice?: Beverly Hills Plastic Surgeons Linked to 5 Lap-Band Deaths and 1-800-GET-THIN Marketing Campaign

Tue, 15 May 2012 18:38:15 -0800

Two Beverly Hills brothers, Michael and Julian Omidi, and their plastic surgery business have come under fire over the five deaths of patients who underwent procedures to get a lap-band implanted in their stomachs. Thousands of people reportedly signed up for the procedures at the siblings' California clinics after seeing or hearing the 1-800-GET-THIN ads that they are accused of conceptualizing. The Omidis are now defendants in a number of Los Angeles and Orange County, California surgical malpractice lawsuits claiming wrongful death.

The victims that died include:
• Laura Faitro, who went home after the procedure in great pain and later died. Per the coroner, her liver had been lacerated. Her husband believes she was the victim of Los Angeles surgical malpractice.

• Ana Rantaria, who died 10 days after undergoing Lap-Band surgery. Her death was a result of laparoscopic gastric band placement complications, diabetes, and hernia repair.

• Tamara Walter, who died three days after her Lap-Band procedure at one of the brothers' clinics.

• Willie Brooks, whose cause of death was listed by the coroner as peritonitis from Lap-Band procedure as a result of obesity. He died three days after his surgery.

• Paula Rojeski who died while her lap-band procedure was still under way. Homicide detectives are investigating her death.

The ABC news program 20/20 recently took a closer look at the allegations surrounding the two brothers, who reportedly did not perform any of the lap-band surgeries. Michael has been on probation as a doctor for thee years--he was reinstated last year--while Julian lost his medical license over an incident allegedly involving dishonesty. The two of them became minor celebrities after they were featured on the cable television show "Dr. 90210."

"Surgeons owe a duty of care to their patients. This includes making sure that a patient is provided with a certain level of care before, during, and after surgery," said Los Angeles medical malpractice attorney Vincent Howard. "Patients should know of the risks involved in any procedure they agree to undertake and it is the medical professional's responsibility to provide this information."

The 1-800-GET-THIN marketing campaign that blitzed its way through Southern California is now on its way out. In December, the Food and Drug Administration put out a warning to clinics that the advertisements, on billboards, radio, TV, and the Internet, were misleading because they failed to provide a warning about the health risks involved. A couple of months later, Allergan, the leading maker of lap-bands, announced the decision to stop selling this medical device to clinics affiliated with 1-800-GET-THIN.

Aside from the allegations of improper marketing, there have been problems reportedly with the lap-band after its been implanted in a patient, including slippage in the stomach, which may prevent food from properly passing through the body erosion, breakage, and deflation. When inserted properly, the band, which is inflatable, is supposed to lessen or increase a stomach's capacity to help to help facilitate weight loss.

"If a medical device proves unreasonably unsafe and these hazards lead to complications, infection, or death, a manufacturer can be held liable for California products liability, said Anaheim defective medical device attorney Vincent Howard.

1-800-Get-Thin Under Fire for Lap-Band Surgery Deaths, ABC News, May 11, 2012

Inside GET-THIN, Los Angeles Times, May 6, 2012

FDA issues Warning Letters for misleading advertising of Lap-Band, FDA, December 13, 2011

More Blog Posts:
Los Angeles County Medical Malpractice Lawsuit Claims Lap-Band Surgery Caused Wife's Wrongful Death, California Injury Lawyers Blog, March 9, 2011

Los Angeles Medical Malpractice?: California Medical Board Investigates Surgeon Following Lawndale Woman's Death After Lap-Band Procedure, California Injury Lawyers Blog, February 4, 2011

Family of Lawndale Woman to Pursue Los Angeles Surgery Malpractice Action Over Her California Wrongful Death from Lap-Band Surgery, California Injury Lawyers Blog, April 27, 2011

Rowland Heights Doctor Accused of Los Angeles Medical Negligence and Murder, California Injury Lawyers Blog, February 28, 2012

Irvine Man Suffers Fatal Head Trauma After Being Struck by Flying Debris That Crashed Through Windshield On I-55

Fri, 11 May 2012 14:08:51 -0800

William Donovan, a 60-year-old Irvine man has died, from a major head trauma that he sustained when a metal object smashed into the windshield of the car he was driving on I-55N in Santa Ana, California. The collision he was involved in caused several other accidents.

California Highway Patrol officials believe that the metal object had come from another motor vehicle. They are asking anyone who knows anything about the Santa Ana car accident to contact investigators.

Flying Debris
Whether it is a vehicle part that has come loose off another auto, an object that has flown off the back of a truck, or any other item that ends up crashing into a motor vehicle, flying debris can be very dangerous, causing serious injuries. The specifics of each incident will determine who can be held liable. For example, if an auto part failure or defect caused that part to come off the vehicle, then the part's manufacturer or the automaker could end up being pursued for damages. Or, if it was the driver that forgot to properly secure an item onto a vehicle, then he/she might be the one held liable.

There is also the debris from road construction sites. If these objects aren't properly secured or cleared away so that they don't cause an Orange County, California motor vehicle crashes, a government entity and/or any other parties overseeing the work site might be sued for injury or death.

"At Howard Law, PC, we know how tough it can be to suffer catastrophic injuries or lose someone you love because of an Orange County, California traffic crash," said Santa Ana car accident attorney Vincent Howard. "You want to work with a law firm that not only understands what is entailed in proving you are owed damages and pursuing your recovery, but also is empathetic to the struggles you are experiencing."

It is important that you contact a Santa Ana injury law firm as soon as possible to start exploring your legal options. This will also allow them to examine any crash evidence while it is still fresh. There could even be more than one liable party.

"It can be hard to figure out which direction to turn when trying to pursue damages, and the other party's insurer might even pressure you into settling before you fully understand the extent of their injuries and damages," said Anaheim car accident lawyer Vincent Howard. "This is just one of the many reasons why it is good to get legal help."

Motorist dies after object crashes through windshield, OC Register, May 11, 2012

Head Trauma, Mayo Clinic

More Blog Posts:
$12.2M California Truck Accident Verdict Awarded to Victim Who Sustained Traumatic Brain Injury After Being Hit By a Trailer Wheel, California Injury Lawyers Blog, September 9, 2011

Los Angeles Personal Injury Lawsuit Against Dodgers Over Fan's Parking Lot Beating Can Proceed, California Injury Lawyers Blog, March 22, 2012

Deadly Orange County, California Collisions in Irvine, Fountain Valley, and Dana Point Mar Valentine's Day, California Injury Lawyers Blog, February 14, 2012

Orange County, California Motor Vehicle Crashes in Anaheim and Huntington Beach Cause Injuries and Fatalities

Thu, 10 May 2012 18:49:26 -0800

Two children who were involved in an Anaheim car accident this morning were sent to the hospital. The collision occurred when a Jeep Grand Cherokee struck a Chevrolet pickup truck from behind. The kids, a 7-year-old a girl and a 10-year-old boy, had been riding in the SUV.

They were transported to an Orange, California hospital with what appears to be minor injuries. However, the boy, who was not wearing a seat belt, did strike his head against the Cherokee's windshield hard enough that the glass cracked. Their mom, who was driving, and the other motorist were not injured.

Meantime, a 7-month-old baby who was involved in a Huntington Beach multi-vehicle crash that killed one person on Wednesday is reportedly in critical condition still. The infant was riding in a Ford Bronco that rolled over on its roof after colliding with a Honda. However, the Bronco didn't flip over until a third vehicle drove into the collision scene. The Honda's driver is the one who didn't survive. Police are trying to determine exactly what happened.

Another Huntington Beach car crash claimed one person's life early this morning. Just before 2 am, a tow truck crashed into a parked Chevrolet Impala on Springdale Street south of McCarthy Street. While the truck's driver wasn't injured, the 77-year-old man and his 13-year-old grandson who had been seated in the parked Impala were taken to the hospital. The man was later pronounced dead. The boy appears to have sustained minor injuries.

"An Orange County, California car crash can be devastating not just for the victim, but also for loved ones and friends," said Howard Law, PC Founder and Anaheim injury attorney Vincent Howard. "There may be a way to hold all responsible parties liable."

On Sunday night, a Los Alamitos truck crash killed one person and seriously injured another when it drove into a tree off the I-605. Fortunately, the truck did not contain radioactive material as was originally thought.

Yesterday, a Garden Grove bus crash resulting in a multi-vehicle collision left three people with minor injuries on the 22. The collision happened at around 7:19 am as an Orange County Transportation Authority bus, which was merging onto the freeway close to the on-ramp on Harbor Boulevard, rear-ended an Acura sedan that then struck a Ford Mustang that then hit a pickup truck.

2 kids hurt when Jeep, pick-up crash, OC Register, May 10, 2012

Long Beach man killed in 3-car crash in Huntington Beach, Contra Costa Times, May 10, 2012

3 hurt when bus rear-ends sedan on 22, Orange County Register, May 9, 2012

More Blog Posts:
At Least 1 Dead and 23 Injured in San Bernardino County School Bus Crash, California Injury Lawyers Blog, February 21, 2011

Costa Mesa, Newport Beach, Fullerton, Anaheim Included on List of California Cities with Highest Drunk Driving and Underage Drinker Rates, California Injury Lawyers Blog, April 13, 2012

Irvine Motorcycle Crash May Have Been Caused by Drunken Driver, California Injury Lawyers Blog, March 31, 2012

California Distracted Driving: Study Reports Rise in Number of Motorists Talking on Cell Phone While Driving

Wed, 09 May 2012 22:43:22 -0800

According to a study by California's Office of Traffic Safety, there has been an increase in the number of drivers using handheld and hands free cell phones while operating a motor vehicle. Over 130 intersections in 17 counties were observed as part of the review.

Per the study's findings, almost 11% of motorists used cell phones while driving. That is 4% more than a year ago.

"While people get in theory that Orange County, California cell phone accidents can cause serious injuries and deaths, many of them find it hard to imagine that they could possibly become one of those unfortunate enough to cause a distracted driving accident," said Anaheim Personal Injury Lawyer Vincent Howard.

Also disturbing is findings from a study by UC San Diego's Trauma Epidemiology and Injury Prevention Research Center experts who examined the driving habits of almost 5,000 university and college students in San Diego County. According to those surveyed:

• 78% use a cell phone to text or talk while driving
• 50% have texted while driving on a freeway
• 87% have texted while stopped at a traffic light
• 52% use hands-free devices at least some of the time
• 60% text while driving on city streets or in stop and go traffic
• 12% never text while driving

The study's lead investigator, Dr. Linda Hill, said that distracted driving has become acceptable behavior even though the dangers involved are now well known. She also said that it didn't matter whether the phone is handheld or hands-free. Talking on a cell phone while operating a motor vehicle ups the California car accident risk by up to four times.

Hill also affirmed that texting while driving is more dangerous than drunk driving. Driving while intoxicated may up the crash risk by four times, but texting while operating a motor vehicle approximately increases the collision risk by up to 16 fold.

"Although a distracted driver never intends to cause an injury or a death, there are motorists who have ended up going to jail and/or found themselves the defendant in an Orange County, California wrongful death case or personal injury lawsuit because their negligence caused a catastrophic crash," said Anaheim Car Accident Lawyer Vincent Howard.

Last month was Distracted Driving Awareness Month. Yet, a survey by the US Department of Transportation's National Highway Traffic Safety Administration can't help but leave one wondering whether more "awareness" needs to happen. According to the survey, which polled over 6,000 drivers, younger people are the motor vehicle passengers least likely to tell a distracted driver to stop texting or talking on the phone.

Among the survey's other findings:
• Drivers in the 18-20 age range reported the most phone involvement in accidents and near-crashes
• Drivers under age 25 are twice or three times more likely to drive while texting or emailing

More people driving while chatting on cells, OC Register, May 9, 2012

UC San Diego Says Distracted Driving Up Among Students, Newswise.com, April 23, 2012

U.S. Department of Transportation Releases Survey Analysis Showing Young People Are Least Likely to Speak Up About Distracted Driving as Passengers, NHTSA, April 16, 2012

$20M California Personal Injury Claim Filed After UCSD Student is Left Handcuffed with No Food or Water for Five Days in a DEA Detention Cell

Thu, 03 May 2012 17:36:44 -0800

California lawmakers are calling on the US Department of Justice to investigate how a 23-year-old UCSD student was accidentally left handcuffed and unattended in a Drug Enforcement Administration detention cell for five days without water or food or access to a toilet. Daniel Chong, who had to drink his own urine to stay alive, spent three days in the ICU after he was released. Chong was near kidney failure and having problems breathing by the time. Now, his attorney has filed a $20 million California personal injury claim over the violation of his civil rights and the harm that he suffered while in custody.

Chong was detained during a raid of a suspected Ecstasy distribution ring. Nine suspects, including the UCSD student, were taken to a DEA headquarters.

Chong, who was released after agents questioned him and decided not to file any criminal charges, was told he could go home. That is when the the DEA "accidentally" left him in a cell and he wasn't found until five days later-- an entire weekend and three business days.

Chong told NBC San Diego that he felt like he was going crazy and that he experienced hallucinations. He kicked at the door numerous times to get the agents' attention but to no avail even though he could hear people nearby. He even broke his glasses and tried to use it to cut his wrist and kill himself. Nurses later found glass particles in his throat. Chong described the cell as an area of space where there wasn't enough room for him to be able to spread his arms wide. The DEA has apologized to him.

Now, Rep. Darrell Issa (R-Calif.) is seeking a congressional probe. Sen. Barbara Boxer (D-Calif.) wants US Attorney Atty. Gen. Eric H. Holder Jr. to make sure that the DOJ looks into the incident right away.

"Federal, state, and local law enforcement officials are responsible for making sure that anyone in their custody doesn't suffer unnecessary harm," said Anaheim personal injury lawyer Vincent Howard. "Failure to uphold this duty is a violation of the person's civil rights and can be grounds for a California personal injury case if injuries, illness, or death results."

Even if you have been detained, arrested, charged, or convicted for a crime you still have certain rights. This includes making sure that you are given food and water when detained for extended periods of time. You also cannot be held without cause. Also, it is illegal for law enforcement officers to use excessive and/or unnecessary force of any kind on you.

Student forgotten in cell for 5 days will sue DEA, CNN, May 3, 2012

DEA Ignored All My Cries, Said Student, NBC San Diego, May 3, 2012

UCSD student's 5-day ordeal in DEA jail sparks outrage, anger, Los Angeles Times, May 3, 2012

More Blog Posts:
US Supreme Court Turns Down Appeal to Protect Los Angeles County Sheriff Lee Baca From Inmate's Personal Injury Lawsuit Over Gang Stabbing in Jail, California Injury Lawyers Blog, April 30, 2012

$121M Los Angeles Wrongful Death Claim Filed Against the City Over Teenager's Fatal Shooting on the 101 by the LAPD, California Injury Lawyers Blog, April 18, 2012

Huntington Beach Police Brutality Lawsuit Alleges Inappropriate Touching, Unlawful Arrest, and Excessive Use of Force, California Injury Lawyers Blog, March 23, 2012

US Supreme Court Turns Down Appeal to Protect Los Angeles County Sheriff Lee Baca From Inmate's Personal Injury Lawsuit Over Gang Stabbing in Jail

Mon, 30 Apr 2012 15:42:25 -0800

The US Supreme Court has turned down an appeal from Los Angeles County that seeks to shield Sheriff Lee Baca from a California negligence lawsuit filed by an inmate who was attacked by other inmates while behind bars in 2006. The plaintiff, Dion Starr, claims that gang members stabbed him 23 times while he was at the Central Men's Jail. He also contends that a guard not only saw what happened and refused to intervene, but also that the latter kicked him in the face.

Starr is suing Baca and the deputies and guards that were at the assault scene that day for Los Angeles personal injury. He claims that a deputy even unlocked his cell door, which is how the gang inmates got to him. He says that even though Baca knew there was violence at the LA County jail after special counsel Merrick Bobb issued a report about inmate injuries and deaths (some were caused by other inmates) in 2005, the sheriff had been "deliberately indifferent" to the dangerous conditions there.

In 2008, a federal judge dismissed Starr's Los Angeles personal injury lawsuit on the grounds that the U.S. Supreme Court previously had found that top law enforcement officers cannot be held liable for subordinates' discriminatory actions and that there was no evidence to personally connect Baca to the attack. However, last year the U.S. 9th Circuit Court of Appeals ruled in this case that Starr could sue the sheriff. In a 2-1 vote, the three-judge panel said that past decisions made by the high court did not apply to the constitutional violations that Starr is alleging.

In choosing not to hear LA County's appeal, The Supreme Court did not provide comment on why.

"Just because you've been arrested or convicted of a crime doesn't mean you aren't entitled to certain protections and rights," said Howard Law, PC partner and Los Angeles police brutality lawyer Vincent Howard.

Law enforcement officers supervising a jail, prison, detention room or holding cell cannot use excessive force against you or intimidate you with verbal intimidation, emotional abuse, or sexual harassment. They also must sure that you are kept in a safe environment where you are protected from harm. They also cannot deprive you of the ability to meet your basic needs and deny you any necessary medical care.

Supreme Court rejects bid to shield Sheriff Lee Baca from lawsuit, Los Angeles Times, April 30, 2012

Read the district court's judgment from 2009 granting Baca's motion to dismiss (PDF)

Read the 9th Circuit's 2009 opinion (PDF)

More Blog Posts:
Appeals Court says Los Angeles Personal Injury Lawsuit Against County Sheriff Lee Baca Over Brutality in Jail Can Proceed, California Injury Lawyer Blog, February 12, 2011

Your initial consultation with Los Angeles excessive use of force attorney Vincent Howard is free.

$121M Los Angeles Wrongful Death Claim Filed Against the City Over Teenager's Fatal Shooting on the 101 by the LAPD, California Injury Lawyer Blog, April 18, 2012

Huntington Beach Police Brutality Lawsuit Alleges Inappropriate Touching, Unlawful Arrest, and Excessive Use of Force, California Injury Lawyer Blog, March 23, 2012

Orange County, California Wrongful Death Lawsuit Likely in Sheriff's Deputy Shooting of Camp Pendleton Marine, California Injury Lawyer Blog, February 29, 2012

Huntington Beach Premises Liability Claim Blames City for Fallen Tree Branch

Sun, 29 Apr 2012 20:51:18 -0800

Terry Ingham, 56, has filed an Orange County, California personal injury claim against the city of Huntington Beach. Ingham says that he hurt his neck and back after a branch broke off a tree, fell, and struck him. He is holding the city responsible for failing to take care of the tree even after the property management company of Springhurst Townhomes had submitted a complaint. The city co-owns the land where the tree is located.

Ingham says he was visiting his mom on November 11 when the fallen tree branch accident happened. He says that the branch knocked him to the ground and that was when his injuries, which are serious enough to require surgery and therapy, happened.

According to a letter sent by Professional Community Management to its residents in September, Huntington Beach officials were notified of incidents involving branches falling from trees and landing in common areas. The trees were described as "very large" and residents were warned to be careful.

It was just last September that Haeyoon Miller, 29, was killed in Orange County, California when an almost 70-foot tall blue gum eucalyptus tree 70-foot tall fell on her car while she was driving. Last month, her parents filed separate Newport Beach wrongful death lawsuits against the city, while her dad also filed a Costa Mesa wrongful death case.

The tree that killed Miller had been standing on the border between the two cities. Her parents accused the defendants of negligent planting and maintenance and they contended that the trees that had lined Irvine Avenue posed a danger to drivers and pedestrians. They also claimed that other trees had fallen in the area before the accident involving their daughter but that nothing was done to warn the public or remove the danger.

"Property owners are responsible for making sure that any trees or other plants on a premise are properly maintained and healthy enough that they don't pose an injury risk to people," said Huntington Beach wrongful death lawyer Vincent Howard.

Falling trees and their branches can cause serious injuries, including head trauma, eye injuries, cuts and bruises, traumatic brain injury, back injuries, neck injuries, and even death. The incidents involving Ingham and Miller are not the first to involve rotting or poorly maintained trees in California and the rest of the US and cities know this.

In 2008, the family of Michael Gandy settled their Anaheim wrongful death lawsuit against the city for $700,000. Gandy died after the Santa Winds blew down a 50-foot tall tree, which crashed into his van on his birthday. His loved ones accused the city of Anaheim of cutting the roots of the tree in a manner that made it unstable while neglecting to trim the treetops. Recently, a man was involved in a Los Angeles County injury accident when a tree branch fell on his vehicle in Brentwood. He said it was like being hit by a "concrete wall."

"Premise owners and supervisors must remove any hazards that could potentially cause personal injury," said Anaheim premises liability lawyer Vincent Howard.

Man hit by falling tree branch wants H.B. to pay, OC Register, May 1, 2012

Falling tree branch hits 2 vehicles in Brentwood, injures man, Los Angeles Time, January 28, 2012

More Blog Posts:
Orange County, California Wrongful Death Claim Seeks Damages from Cities of Costa Mesa and Newport Beach Over Fallen Tree that Struck Woman's Car, California Injury Lawyers Blog, March 16, 2012

Costco Ordered to Pay Los Angeles County Slip and Fall Victim $415,000 Industry, California Premises Liability Verdict, California Injury Lawyers Blog, April 23, 2012

Two Women Settle Irvine Elevator Accident Lawsuit Over 11-Story Drop, California Injury Lawyers Blog, April 20, 2012

Dangerous Drug?: Pradaxa Lawsuit Blames Drug for Fatal Bleeding

Sun, 29 Apr 2012 20:30:09 -0800

The estate of a woman who died after taking Pradaxa is seeking wrongful death damages from drug maker Boehringer Ingelheim. Gertrude Banks bled to death in April 2011 several days after she started taking the anticoagulant. She is not the first person to experience bleeding problems after taking this medication, which is considered an alternative choice to Coumadin (warfarin) for preventing stroke in patients suffering from atrial fibrillation. The number of products liability lawsuits over Pradaxa is growing.

In California, please contact our Anaheim dangerous drug lawyers to find out if you have grounds for a Pradaxa lawsuit. In the last several months, the US Food and Drug Administration has received hundreds of reports of incidents involving internal bleeding and hemorrhages, with some of the patients bleeding to death. Unlike warfarin, Pradaxa doesn't have a reversal agent that people can take to stop bleeding problems. One of the other common complaints about Pradaxa is that the drug doesn't come with a warning that gives sufficient notice about the lack of a reversal agent. Without one, taking Pradaxa has proven deadly for some.

According to a report published last month in the Journal of Neurosurgery, one elderly man, 83, who was taking this blood thinner died from a massive brain hemorrhage after what appeared to be a routine fall. While initial CT scans showed small, surface areas of hemorrhage in his brain, it wasn't long after that the hemorrhaging got much worse and none of the efforts by doctors to stop the bleeding succeeded. Seeing as many elderly seniors are prone to minor fall accidents, taking Pradaxa could be deadly for some of them.

"It is important that drug manufacturers warn of any risks or dangerous side effects involved, and they most certainly should not market a medication to a demographic that could suffer serious injury, health complications, or death from its use, said Orange County, California Pradaxa lawyer Vincent Howard.

Also according to some researchers, people taking Pradaxa have a 33% greater risk of suffering a heart attack or experiencing the more serious symptoms associated with a heart disease than nonusers. More details about that study were published in Archives of Internal Medicine last January.

Last December, the US Food and Drug Administration announced that it was looking into reports of serious bleeding incidents related to Pradaxa. While the blood thinner's drug label does warn about the risk of bleeding and that this could prove deadly, the FDA is trying to determine whether the bleeding incidents are taking place more often than expected.

"While there are risks involved with taking most medications, when these serious side effects happen too often, they no longer are possible risks but actual dangers and this can turn a medication into a dangerous drug," said Anaheim personal injury lawyer Vincent Howard.

Signs you or someone you love may be suffering from a serious Pradaxa side effect:
• Bleeding from the gums
• Too frequent nosebleeds
• Unusually heavy vaginal or menstrual bleeding
• Uncontrollable bleeding
• Blood in urine or stools
• Inexplicable bruising
• Blood clotting
• Vomiting blood

Study: Higher heart attack risk from pradaxa, CBS, January 11, 2012

FDA Drug Safety Communication: Safety review of post-market reports of serious bleeding events with the anticoagulant Pradaxa (dabigatran etexilate mesylate), FDA, December 7, 2011

Death magnifies Pradaxa hemorrhage concerns, Fox News, March 7, 2012

More Blog Posts:
FDA Wants Transvaginal Mesh Device Makers to Study Related Health Complications, California Injury Lawyers Blog, January 11, 2012

Orange County, California Dangerous Drug: Fosamax Again Linked to Eye Conditions, California Injury Lawyers Blog, April 26, 2012

Dangerous Drug Lawsuit Seeks Blames Children's Tylenol for Toddler's Death, California Injury Lawyers Blog, January 6, 2012

California Nursing Home Negligence: Widower Wants Justice in Wife's Death

Sat, 28 Apr 2012 23:01:30 -0800

Four years after the death of his wife, Don Esco, 81, appeared in court where he watched the two nurses accused of California elder abuse plead not guilty to the felony charges. Esco's wife Johnnie Esco, 77, died after spending 13 days trying to recuperate from pneumonia at the El Dorado Care Center.

Johnnie's family had filed a California nursing home and abuse lawsuit against the assisted living facility in 2009 alleging that negligent nursing care contributed to the deterioration of her health. The wrongful death case, in which The Esco family also contended that Johnnie's medical records had been doctored, has been settled.

The two nurses accused of negligence, Rebecca LeAn Smith, 38, and Donna Darlene Palmer, 58, were only charged in court earlier this month. The state attorney general agrees with the Esco family's allegation that poor nursing care contributed to her death and suffering.

An attorney for one of the defendants, however, is questioning the filing of the felony California elder abuse allegations now after the state, which investigated Johnnie's death in 2008, did not file criminal charges then. It wasn't until last year when The Sacramento Bee published a series of stories about the doctoring of documents at assisted living facilities that the Bureau of Medi-Cal Fraud and Elder Abuse reopened its criminal probe into Johnnie's passing.

"It is unfortunate that there are sick and elderly patients at assisted living facilities that suffer because a nursing home fails to provide them with the care that they need," said Anaheim nursing home abuse lawyer Vincent Howard. "Compound that with neglect or abuse and you have residents whose health and physical safety are placed in great jeopardy."

Johnnie had been transferred to El Dorado Care Center following a stay at a hospital. At the time, not only was she trying to regain her health, but she was also suffering from Alzheimer's disease, chronic constipation, and fecal impaction. During her stay at the nursing home, she developed bruises on face, wrist, and chest, and the skin on one of her fingers became torn. Yet the assisted living facility never filed a report that she may have become the victim of possible California nursing home.

Her family's California wrongful death lawsuit contends that the nursing home didn't follow her care plan, including the monitoring of her constipation and making sure she was administered her laxatives. Also, Johnnie went five days without having a bowel movement yet her chart noted a 0 for constipation during that time. There was even one day when her chart documented her having an extra large bowel movement (medical experts and nursing staff would later say that this was not likely given Johnnie's condition.)

"It is nursing home negligence for an assisted living facility not to follow a patient's care plan, accurately document any changes or problems with his/her health, and provide the resident with immediate medical care when required," said Orange County, California elder abuse attorney Vincent Howard.

Nurses Plead Not Guilty to Elder Abuse Charges in Placerville Case, In El Dorado County, April 10, 2012

Woman's death raises questions about nursing home medical records, The Sacramento Bee, September 19, 2011

Bureau of Medi-Cal Fraud and Elder Abuse

More Blog Posts:
Negligence and Abuse Rampant at California State Mental Facilities, California Injury Lawyers Blog, April 17, 2012

California Nursing Home Fall Leads to $75K Fine, California Injury Lawyers Blog, October 31, 2011

Orange County, California Nursing Home Negligence?: Newport Beach and Yorba Linda Facilities Fined Over Patient Deaths, California Injury Lawyers Blog, December 20, 2011

Orange County, California Dangerous Drug: Fosamax Again Linked to Eye Conditions

Thu, 26 Apr 2012 17:34:19 -0800

According to Canadian researchers, bisphosphonates, of which Fosamax is one, may up the risk of the eye conditions scleritis and uveitis. These findings can be found in the Canadian Medical Association Journal.

Over 900,000 British Columbia residents who went to see eye doctors between 2000 and 2007 were evaluated for this study. Patients taking prescription bisphosphonates and those not on these medications were compared. Per the study, for every 1,100 patients who had just started taking an osteoporosis medication, there was one more case of uveitis compared to the people who were taking this type of drug. For every 370 bisphosphonate users, again compared to the general population, there was one additional report of scleritis.

Scleritis causes eye irritation and swelling. Uveitis creates inner eye inflammation. Although steroid eye drops can usually treat both conditions, in some cases, permanent eye damage may result.

Fosamax already has been linked to serious bone conditions, including osteonecrosis of the jaw, atypical stress fractures, thigh fractures, and severely suppressed bone turnover. Numerous Fosamax lawsuits against drug maker Merck has since followed. Other researchers have found a connection between bisphosphonates and eye injuries in the past. These latest findings appear to confirm this.

"Our Anaheim Fosamax injury lawyers represent women who have suffered serious injuries because they were prescribed the drug," said Orange County, California Dangerous Drug Attorney Vincent Howard.

For many people as they grow older, bone brittleness and deterioration are already serious issues of concern. Osteoporosis, which involves the loss and thinning of bone tissue and density is a bone disease that affects one out of every five women in the 50 or older age group. This makes it easier for them to break a bone or fracture a hip.

Bone pain, height loss, neck pain, lower back pain, and poor posture are some of the signs of osteoporosis. Fosamax is prescribed to treat this condition and one reason why it is even more astounding to see how taking this medication or or alendronate, its generic version, appears to have the opposite effect intended, meaning that in some cases, a woman's bones become weaker rather than stronger.

"It is unacceptable for any prescription drug or over-the-counter medication to cause a patient to suffer debilitating health issues, other serious injuries, or death," said Anaheim Products Liability Lawyer Vincent Howard. "Negligent drug manufacturer should be held liable."

Also, if taking bisphosphonates helps more than hurts then this raises serious issues as to why a drug that weakens the bones is being marketed and prescribed as a medication.

Studies link drugs to eye ailments, The Globe and Mail, April 5, 2012

Canadian Medical Association Journal

Fosamax Type Osteoporosis Drugs Noted to Cause Serious Eye Problems, Mercola, April 9, 2003

More Blog Posts:
Food and Drug Administration Advisory Panel is Worried about the Number of Injuries Linked to Fosamax, California Injury Lawyers Blog, September 16, 2011

FDA Advisory Panel to Review Risks Associated with Taking Fosamax, California Injury Lawyers Blog, September 8, 2011

Does Fosamax Increase the Risk of Esophageal Cancer?, California Injury Lawyers Blog, July 31, 2011

Costco Ordered to Pay Los Angeles County Slip and Fall Victim $415,000 Industry, California Premises Liability Verdict

Mon, 23 Apr 2012 21:35:39 -0800

A California jury has awarded a $415,000 Los Angeles County slip and fall verdict to a Covina woman. 58-year-old Monika Leiterman was eating at the food court at a Costco in Industry on April 1, 2009 when she shattered her patella after slipping on a puddle of soap.

According to Leiterman's Pasadena premises liability lawyer, Costco employees had walked by the puddle prior to the Industry, California slip and fall accident, yet did nothing to clean up the safety hazard even though company policy dictates that they take action.

To treat her Los Angeles slip injuries, Leiterman has already undergone one surgery to wire her kneecap together. She will need to have least two other operations.

The Los Angeles County premises liability accident has left Leiterman with permanent partial loss of mobility and function and she will likely experience physical pain for the rest of her life. Her Industry, California slip and fall legal team says that the retail chain never offered to settle and continues to deny responsibility for the incident.

To compensate Leiterman for her Los Angeles personal injuries, the jury awarded her $325,000 for pain and suffering and $89,868.28 for future and past medical bills.

Los Angeles Slip and Fall
As you can see by the severity of Leiterman's injuries, a slip accident can cause serious and lasting damage to a victim. This is why it is so important that property owners remove any hazards on the floor of their premise that could result in someone slipping and falling to the ground.

Other serious injuries commonly associated with Los Angeles slip and fall accidents are head injuries, dislocated hips, broken bones, spinal injuries, and other serious injuries. Even bruises and bumps can leave a victim in serious pain. He/she may have to take time off work. For other slip victims, there may have to be surgeries, pain medications, and therapies. Elderly persons are especially vulnerable to health complications from a slip and fall accident.

"You want to work with a Los Angeles personal injury law firm that is familiar with California premises liability case and knows how to aggressively pursue your financial recovery, said Anaheim slip and fall lawyer Vincent Howard.

Common causes of Los Angeles slip and fall accidents:
• Slippery or wet surfaces
• Weather conditions, such as rain, snow, or ice
• Poor lighting
• Lack of a stair railing
• Negligent housekeeping/improper maintenance
• Uneven sidewalks

"There are steps you can take to increase your chance for compensation especially when going up against a large company that is likely equipped to fight such claims, said Los Angeles slip and fall attorney Vincent Howard. "This is why you want to work with someone you know has the experience and skills to advocate on your behalf."

Covina woman awarded $415,000 following slip and fall at Industry Costco, Pasadena Star News, March 7, 2012

More Blog Posts:
Woman Files $75K Huntington Beach Trip and Fall Accident Claim Over Injuries Caused on Raised Sidewalk, California Injury Lawyers Blog, January 30, 2012

Huntington Beach Trip and Fall Accident Has Couple Suing the City for $500,000, California Injury Lawyers Blog, April 21, 2012

Irvine Trip and Fall Accident Claim Seeks At Least $1M Over Injuries from Uneven Sidewalk, California Injury Lawyers Blog, July 11, 2012

Two Women Settle Irvine Elevator Accident Lawsuit Over 11-Story Drop

Fri, 20 Apr 2012 16:47:05 -0800

Sufeir Hsu and her daughter Janet Hsu have settled their Orange County, California elevator accident lawsuit against ThyssenKrupp Corp. and the Irvine Co. They claim that they sustained physical and emotional injuries, as well as suffered financial damage, when the elevator they were riding in at 1 Park Plaza dropped 11 stories last July, causing both of them to get knocked down while glass and metal fell on them. The mother and daughter are claiming false imprisonment and the intentional infliction of distress after they were forced to wait in the elevator cab for over an hour because building owner Irvine Co. decided not to force the doors open, which would have been more costly, but instead made them wait for a technician. The Hsus contend that the defendants placed greater value over the elevator door than their own safety.

Orange County, California Premises Liability
Property owners and managers can be held liable for Irvine premises liability if a hazard or defect on the property causes someone serious injury or death. "It is the responsibility of those in charge of a property to make any necessary repairs, remove any hazards, or warn of any dangers," said Irvine elevator accident attorney Vincent Howard. Also, if a parts defect or design defect played a part in causing an elevator accident, other potentially liable parties might include the elevator manufacturer or a maintenance company that failed to do its job properly.

Elevator Accidents
Out of the approximately 18 billion elevator passenger trips that take place in the US every year, The Consumer Product Safety Commission and the U.S. Bureau of Labor Statistics report that approximately 27 related fatalities occur each year.

For example, there was the deadly Los Angeles County elevator accident that happened last December when a 2,000-pound car fell on top of 48-year-old Huntington Beach Annette Lujan at Cal State Long Beach. The university employee was riding the elevator when it got stuck between two floors. When she tried to climb out, the elevator started moving again and that is when it fell on Lujan, crushing her. It took over an hour to lift the car off her.

Meantime, there thousands of elevator accident injuries that occur each year, including those caused by electrical shock, car falls, abrupt stops, the car coming to a halt below or above the designated floor, the elevator door opening up at the wrong time, someone falling in/getting stuck between the building and the elevator, design defects, and poor maintenance.

"Figuring out who should be held responsible can be a complex matter especially when multiple parties may be involved, said Irvine elevator accident lawyer Vincent Howard.

Irvine Co. settles 'false imprisonment' lawsuit, OC Register, April 10, 2012

Graphic details emerge in deadly elevator accident in Long Beach, Los Angeles Times, December 9, 2011

More Blog Posts:
Irvine Elevator Accident Lawsuit: Women Claim Emotional and Physical Injuries During 11-Story Fall, California Injury Lawyers Blog, July 20, 2011

Cal State Long Beach Employee Dies in Los Angeles, California Elevator Accident, California Injury Lawyers Blog, December 8, 2011

$121M Los Angeles Wrongful Death Claim Filed Against the City Over Teenager's Fatal Shooting on the 101 by the LAPD, California Injury Lawyers Blog, April 18, 2012

$121M Los Angeles Wrongful Death Claim Filed Against the City Over Teenager's Fatal Shooting on the 101 by the LAPD

Wed, 18 Apr 2012 22:54:00 -0800

The family of 19-year-old Abdul Arian is seeking $121 million in Los Angeles wrongful death compensation from the city. Arian was killed last week after he was shot by the LAPD on the 101 Freeway. The teenager was unarmed when the confrontation with police happened.

According to the family's claim, eight officers shot their son following a police pursuit. The cops had started chasing the vehicle that the teen was driving after they received reports that the vehicle he was in was being operated by a reckless driver. During the chase, which occurred through west San Fernando Valley, Arian contacted 911 and told the dispatcher that he had a gun and intended to hurt the law enforcement officers if they pulled their weapons on him. In fact, he did not have a weapon on him.

Arian got out of his car after stopping his vehicle across two lanes on the eastbound 101 Freeway close to Canoga Park Police claim that this was when he positioned himself in what they are describing as an "aggressive shooting stance" and pointed something at the police. The LAPD officers then opened fire.

According to Arian's family, the officers shot at least 90 rounds at the teenager. They believe less deadly force could have been used to detain him. Their attorney say that each officer shot 15 shots, which is 120 rounds, which is why they are seeking $120 million--a million dollars per bullet fired.

A family friend who saw the video shot by KTLA-TV of the deadly incident believes that Arian wasn't threatening police but actually pleading with them out of fear. Arian's uncle also believes that the teenager called 911 and said he had a gun because he was afraid of the cops.

"If the LAPD could have detained Arian without using such extreme measures of force or if they were careless or negligent in any other way when dealing with him, his family may be able to win their Los Angeles wrongful death case against the city and its police force," said Los Angeles Excessive Use of Force Attorney, Vincent Howard.

Heated situations can be very confusing for everyone involved and people may react or overreact different than in normal circumstances. Police officers know this and it is their job to carefully assess every situation and act appropriately.

"Excessive use of force is never the correct option and if there is a way to detain someone that requires less force then that is always the better choice," said Los Angeles Wrongful Death Lawyer Vincent Howard.

Unfortunately, tragic accidents and misunderstandings can happen. However, if you are the surviving relative of someone who was killed as a result of excessive use of force, some other mistake or oversight, or police brutality, you may have reason for a lawsuit.

Usually, you have to first file a claim against the city or other government entity that you wish to sue. That party then has six months to respond and hopefully resolve your claim. Often, filing the claim is just the first step (and necessary) step before you can submit your Los Angeles injury lawsuit.

Freeway shooting victim 'wanted to be an LAPD cop,' uncle says, Los Angeles Times, April 12, 2012

Abdul Arian, Teen Shot on Live TV by LAPD, Inspires $120 Million Legal Claim Against City, LAWeekly, April 17, 2012

Family of Teen Shot to Death by LAPD Police Files $120 Million Claim Against City of Los Angeles, NBC Southern California, April 17, 2012

More Blog Posts:
Huntington Beach Police Brutality Lawsuit Alleges Inappropriate Touching, Unlawful Arrest, and Excessive Use of Force, California Injury Lawyers Blog, March 23, 2012

11 Cops Fire Over 60 Shots As Los Angeles Police Pursuit Through Koreatown Turns Deadly, California Injury Lawyers Blog, February 24, 2012

Woman in Bar Brawl Files Orange County, California Excessive Use of Force Lawsuit Against Huntington Beach, California Injury Lawyers Blog, February 16, 2012

Negligence and Abuse Rampant at California State Mental Facilities

Tue, 17 Apr 2012 13:27:55 -0800

According to the Los Angeles Times, efforts by the federal government to improve the care provided at California mental health facilities have failed. Hundreds of millions of dollars reportedly when into this endeavor at reform, which began six years ago after the US Department of Justice sued the state for violating patients' rights with improper restraints, heavy drugging, and inadequate care.

As part of the settlement for that lawsuit, California agreed to a improvement plan at four of hospitals that would be supervised by the court. Unfortunately, per the Time's findings, efforts to improve care so that patients would learn how to hold back on violent tendencies so they wouldn't have to be institutionalized longer than needed have not paid off. While restraint use and the administration of certain medications have gone down, patient violence has doubled at two hospitals. It has tripled at another facility. (The only hospital to see a decline in assaults--by 15%--was one mental facility in San Bernardino County). Also, confinement periods for patients, many of whom had committed crimes because they were mentally ill, were on average longer in 2011 than in 2006.

"When mentally ill patients are involved, it is important that those charged with providing them with care help them not become a danger to themselves and others," said Howard Law, PC Founder and Anaheim Personal Injury Lawyer Vincent Howard. "Just as it is important to not abuse patients with improper restraints and overmedication, it is equally essential that these persons are given the appropriate boundaries and constraints to keep them (and others) safe and functioning."

One reason for the increase in patient violence might be that some hospital staffers, ordered by their superiors to place as little restrictions as possible on patients, have become reluctant to take action against unruly and violent patients. Also, reform implementation and related paperwork may be bogging down staffers, leaving them with less time to concentrate on patient care. The Times also noted that consultant Nirbhay Singh, who designed the reforms, is a psychiatry professor with developed specialties in "positive behavior support" and "person-centered" care. However, he has little experience when it comes to treating psychiatric patients and dangerous offenders. He is, however, well-acquainted with the lawyers at the Justice Department who were investigating the California hospitals.

State hospital employees have expressed dissatisfaction with the reforms, claiming that the facilities are now more dangerous for patients and staff as a result. They've complained about the quality and content of certain group classes that are supposed to prepare patients for when they go back out into the real world. According to some staffers, the sessions were frequently boring, not very helpful, and redundant. The classes have also become a substitute for much needed individual therapy for many patients.

"It is important that mental hospital patients are provided not just with the proper care, but also that they are protected from anyone or anything that could cause them injury or their health to deteriorate. If someone you love was the victim of Orange County, California nursing abuse or negligence or patient violence while staying at a California state hospital or assisted living facility, you may have grounds for a civil suit," said Los Angeles Nursing Home Negligence Attorney Vincent Howard.

We know how upsetting it can be to find out that the facility or hospital that you admitted your loved one to is causing more harm than helping him/her. You may have grounds for a case.

California state mental hospitals plagued by peril, Los Angeles Times, April 15, 2012

State Mental Hospitals, California Department of Mental Health

The United States Department of Justice

More Blog Posts:
Los Angeles County, California Nursing Home Death Leads to $75,000 Fine, California Injury Lawyers Blog, August 31, 2011

California Nursing Home Fall Leads to $75K Fine by State, California Injury Lawyers Blog, October 31, 2011

Dementia Patient's Family Files California Wrongful Death Lawsuit Against Medical Shuttle Bus Company, California Injury Lawyers Blog, February 25, 2012