Sacramento Injury Lawyer Blog

Elderly Patient Dies In Hospital After Bleeding To Death Post-Surgery, Part 3 of 5

Fri, 18 May 2012 08:53:07 -0800

The following blog entry is written to illustrate an example of an injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this big rig accident lawsuit and its proceedings.)

Plaintiffs Sasha Jimerson and Sam Watson Jr. alleged that the patient clearly was demented and could not legally consent to the surgery. The surgery was unnecessary in an 89 year old with multiple medical problems and exposed him to a high risk of complication. The consent obtained on February 17, 2007 was invalid because of dementia. All of the defendants should have made the diagnosis of dementia or should have had a neurologist consult on the patient prior to surgery.

Plaintiffs also alleged that the patient was never “cleared” for surgery by Dr. Reason and, therefore, Dr. Haim acted prematurely. After surgery, the patient essentially bled to death, most likely from undocumented and persistent bleeding from the surgical incision, and defendants failed to control the bleeding, which led to underperfusion of the patient's vital organs, ultimately causing his death.

Plaintiffs' expert had no criticism of the surgery itself. Instead, he believed the consent was invalid due to the patient's mental condition. He was critical of Dr. Haim for not correcting the post-operative hemorrhaging.

Plaintiffs' expert criticized everyone for obtaining consent from a person clearly incompetent to give consent. The daughter's concerns were well taken, and, at a minimum, Dr. Reason and Dr. Haim should have consulted with hospital administration and a neurologist for assistance. Although he acknowledged that Dr. Reason did not clear the patient for surgery, which he commended, he did criticize his “quarterbacking” of the post-operative care with regard to the bleeding, which he should have diagnosed and corrected. Finally, he criticized Dr. Reason for “covering up” for Dr. Haim in his dictated death summary, as it says that there was an intensive discussion with the family before the surgery went forward, which clearly was not true.

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

Family Claims Medical Malpractice In Wrongful Death Lawsuit, Part 2 of 5

Fri, 11 May 2012 08:51:36 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this big rig accident lawsuit and its proceedings.)

From admission to Saturday, February 17, 2007, the patient's conditions were stabilized. That morning, Dr. Reason postponed the surgery for that day because the patient had a high white blood cell count and asked the hematologist following the patient to decide whether this finding should further postpone the surgery. Dr. Haim testified that later that day, although no consultant specifically wrote “cleared for surgery,” the orders and notes of the hematologist and cardiologist clearly indicated to him that the patient could have the surgery the following morning, Sunday, February 18, 2007.

A nurse presented the written consent to the patient late in the afternoon of February 17 and testified that if she had had any suspicion that the patient was mentally incompetent or otherwise did not know what he was signing, she would have consulted with her charge nurse and most likely Dr. Haim. However, since that did not happen, she presumed she had no such suspicion. Dr. Reason was not aware of the plan for surgery in the morning.

The surgery went forward on Sunday morning, February 18, 2007, and no intra-operative complications arose. The patient's blood loss of about 500 cc was “normal” for such a surgery. Over the next few days, the patient did reasonably well. However, on February 22, 2007, he developed low blood pressure and a high heart rate and was transferred to the ICU. His blood studies showed a significant anemia, suggesting blood loss from somewhere.

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

Wrongful Death Lawsuit Is Brought After Elderly Family Member Dies in Hospital, Part 1 of 5

Fri, 04 May 2012 08:50:32 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this big rig accident lawsuit and its proceedings.)

FACTS/CONTENTIONS
According to Defendant: On February 12, 2007, at approximately 11:00 p.m., decedent Sam Watson, 89 years old, was admitted by paramedics to the ER of defendant ABC Hospital (“ABC”) after he called 911. The paramedics reported to the ER physician that they had found decedent in his apartment amidst conditions that suggested elder abuse by his caretaker.

Although the patient's only recorded complaint was being hungry, upon examination he was found to be dehydrated, malnourished, over-anticoagulated on Coumadin, and to have an apparent old fracture of his right hip. He also had pneumonia, hypoxia, and was “possibly demented.” Because his primary care physician, Dr. Park, was not on staff at ABC and could not be reached, he was admitted to the service of internist Sal Reason, M.D., who was on call to the ER. Dr. Reason had no prior relationship with the patient.
A plan for stabilization of the various conditions was established by Dr. Reason, who called in various consultants for assistance. Among the consultants was defendant Pat Haim, M.D., an orthopedist, to consult on the obviously fractured leg. In his history and physical note, Dr. Reason also indicated, among other conditions, “possible dementia.”
Dr. Haim saw the patient on February 13, 2007, and by then both a plane x-ray and a CT of the right hip demonstrated an old, complete intertrochanteric fracture of the right hip, with about 3 inches of displacement of the femoral shaft. Dr. Haim recommended a right hemiarthroplasty (partial artificial hip replacement) to be done after the patient's condition was sufficiently stabilized for surgery.

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

San Francisco Injury Lawsuit Arises After Big-Rig Accident, Part 3 of 3

Fri, 27 Apr 2012 13:54:49 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this big rig accident lawsuit and its proceedings.)

Defendants contested the wrongful death claim as to the parents, and the jury ultimately determined that they were not financially dependent and rejected their wrongful death claim. On the wrongful death claim for the family members, there was a claim for loss of support and loss of household services based upon the industrious nature of decedent. Additionally, there was a claim for loss of financial support in terms of loss of medical insurance benefits. The claim for economic damages was approximately $3 million. Defendants contested the nature and extent of the economic losses, and, through their expert, claimed that the economic losses, once the present cash value analysis by their expert was applied, would result in economic losses of about $1.2 million.

CLAIMED DAMAGES
According to Plaintiff: $3 million economic damages.

SETTLEMENT DISCUSSIONS
According to Plaintiff: The matter went through multiple mediations and settlement conferences. Defendant ABC Group, which was insured by XYZ, refused to acknowledge that it had a higher percentage of responsibility than defendant ABC Produce. This insurer insisted on a 50/50 split on any type of allocation, and, therefore, offers being made to plaintiffs. All defendants contested the wrongful death claim of the parents. Plaintiffs filed a statutory demand on the wrongful death case in the amount of $9.9 million as to ABC Group in response to the settlement position taken by defendants. The last settlement offer made by ABC Produce was $750,000. The initial offer made by ABC Group was $1 million and ultimately was increased to $2 million, but that was the last offer ever made by ABC Group. As a result, the statutory demand was made. As to plaintiff Barron Yemming, defendants made a combined offer of $125,000. In response to that, da statutory demand was made as to ABC Group in the amount of $250,000 and as to ABC Produce for $125,000. Both statutory demands were exceeded.

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

Double Big-Rig Accident Leads To Death of Church Bus Driver in San Francisco, Part 2 of 3

Fri, 20 Apr 2012 13:53:51 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this big rig accident lawsuit and its proceedings.)

Defendant Merryweather then moved over as far as he could in the right lane toward the center line in an effort to give decedent and the bus as much room as possible.

Defendant Carreon said he never observed this movement or any other type of warning from Merryweather. The two vehicles contacted each other, with the tractor of the ABC Group truck coming into contact with the rear trailer of the ABC Produce vehicle. This caused the two vehicles to become entangled, with the rear trailer swinging out to the right and striking the bus and decedent, killing him instantly.

Plaintiff Barrom Yemming was on the bus at the time of the impact, knew that his uncle was down on the driver's side and believed he saw him flying through the air. Defendant Carreon made a statement at the scene that for some reason he moved his vehicle to the right and that precipitated the contact. He denied making that statement to the CHP officer at his deposition and during trial.

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

San Francisco Big-Rigs Collide Resulting in Wrongful Death To Nearby Bystander, Part 1 of 3

Fri, 13 Apr 2012 13:52:40 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this big rig accident lawsuit and its proceedings.)

CASE INFORMATION
FACTS/CONTENTIONS
According to Plaintiff: On April 17, 2009, decedent Jason Hamm was the operator of a Church bus that ran out of gas and was disabled on the side of southbound Highway 99 between Merced and Fresno, California. The bus was returning from a trip to San Francisco. On the bus were approximately 40 individuals who had made the trip from the church, including plaintiff Barron Yemming, the 17-year-old nephew of decedent. The bus did not have an operating gas gauge, and once it ran out of gas, decedent pulled the bus over to the shoulder area. Diesel fuel was obtained and was put into the vehicle, and decedent was on the driver's side of the bus priming the diesel engine to get it started. The bus had been on the side of the road for approximately 30 minutes at this point. Decedent was next to the driver's side of the vehicle for between 5 and 10 minutes.

Defendant Mark Merryweather, employee and operator of a tractor-trailer vehicle owned and operated by defendant ABC Produce, was southbound on Highway 99 traveling 55 mph. He observed the disabled bus and decedent working on the side of the bus and intended to move from the right lane to the passing lane. He looked in his rear-view mirror and observed defendant Reggie Carreon, the driver of a tractor-trailer rig operated by defendant ABC Group, in the passing lane starting a passing maneuver of his last trailer.

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

Sacramento Injury Lawsuit Results After Motorcycle and Car Crash

Fri, 06 Apr 2012 13:50:11 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this motorcycle accident lawsuit and its proceedings.)

CASE INFORMATION
FACTS/CONTENTIONS
According to court records: On July 21, 2007, at 10:40 a.m., plaintiff Larry Burt was operating his motorcycle west on California Road, east of Placerville in an unincorporated section of Placer County, California.

Defendant Wallas Tames, a resident of California, drove a pickup truck with a trailer east on California Road and collided with plaintiff's motorcycle. Defendant said he crossed over the center line in a curve and sideswiped plaintiff.

Plaintiff alleged defendant was negligent.

Defendant conceded liability and defendant would not argue comparative fault.

CLAIMED INJURIES
According to court records:
Leg fracture; degloving injury to knee; knee replacement surgery.

CLAIMED DAMAGES
According to court records:
$50,000 past medical; $25,000 to $50,000 future medical.

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

Sacramento Motorcycle Accident Leaves Plastic Surgeon with Extensive Injuries

Fri, 30 Mar 2012 13:47:29 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this motorcycle accident lawsuit and its proceedings.)

CASE INFORMATION
FACTS/CONTENTIONS
According to court records: On September 15, 2008, at the intersection just north of Interstate 5 and Highway 99 in Sacramento, California, plaintiff Barry Remmy and defendant Matt Oliver were involved in a car versus motorcycle accident.

Defendant was traveling the wrong way on the one-way roadway when he met plaintiff in a curve. Plaintiff made a quick turn on his motorcycle to avoid defendant's vehicle, and the motorcycle slid out from under him.

Plaintiff was a plastic surgeon.

Defendant admitted liability but disputed the claim for lost earnings. Defendant also contended plaintiff was involved in a second motorcycle accident approximately six weeks after the first in which he fell 20 to 30 feet off a cliff and was found unconscious. Defendant claimed many of plaintiff's injuries could be attributed to that accident.

CLAIMED INJURIES
According to court records:
Clavicle fracture; fractured ribs; pain; sleep deprivation.

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

Sacramento Dog Bite Brings Lawsuit For Woman and Child, Part 2 of 2

Fri, 23 Mar 2012 08:09:22 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this dog bite lawsuit and its proceedings.)

Callox claimed that she will continue to need two filler injections annually for the next 10 years. She claimed that she has some residual scarring, but that it is only visible at close range.

Callox claimed she went through a lot of excruciating pain during the time of her surgeries, but that she now deals with only numbness and minimal discomfort. She said that she planned on returning to work as an actress, which was delayed as a result of the injury.

She asked the jury for $70,000 in damages for past medical costs and $6,000 annually for future medical costs for the filler injections. She also sought $900,000 for past pain and suffering and $150,000 for future pain and suffering.

Ramsey claimed emotional distress damages in regard to witnessing her mother get bitten by the dog. Her parents claimed she developed odd behavior and they sought out a psychologist two years after the incident.

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

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

Tue, 13 Mar 2012 08:08:14 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this big rig accident lawsuit and its proceedings.)

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

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

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

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

Tue, 06 Mar 2012 08:07:14 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this big rig accident lawsuit and its proceedings.)

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

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

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

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

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

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

Two Motorcyclist Killed In Sacramento Injury Lawsuit, Part 1 of 2

Tue, 28 Feb 2012 08:05:43 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this big rig accident lawsuit and its proceedings.)

INJURIES: The plaintiffs sought damages for loss of care, comfort and society.

Facts:
In Nov. 2005, the plaintiffs' decedents, both in their 20s, were killed in a motorcycle accident on the Highway, just south of the Harry’s Fish restaurant. The two had been riding a motorcycle along the road when a vehicle exited the restaurant's parking lot and attempted to make a U-turn across traffic lanes. During the turn, the vehicle collided with the motorcycle. The motorcycle driver was killed instantly; the passenger survived impact, but died later at Sacramento Hospital.

The parents of the driver and passenger sued the vehicle driver, who settled for $2.2 million.

The parents then sued the California Department of Transportation, the city of Sacramento, the county of Sacramento, Standard Parking Corporation and Sea View Restaurants, operating as Harry’s Fish, for negligence.

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

Big Rig Runs over Teenager Causing Serious and Life Threatening Injuries, Part 2 of 2

Tue, 14 Feb 2012 08:44:38 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this big rig accident lawsuit and its proceedings.)

At the time of the accident, ABC was performing a construction contract for the City of Sacramento. Plaintiff alleged that the City knew, or should have known, that the ABC dump truck/trailer was a hazard at certain City intersections, as it could not make an intersectional turn without substantially encroaching into the opposite lane of traffic. Plaintiff further alleged that the City's contract specifications with ABC Construction required “re-routing” of the contractor's heavy equipment away from after-school pedestrian routes used by grammar school children.

CLAIMED INJURIES
According to Plaintiff: Plaintiff sustained life-threatening, near-amputation of his left leg; large right leg laceration; blunt abdominal trauma; repeated orthopedic, neurological, and plastic surgeries.

CLAIMED DAMAGES
According to Plaintiff: Plaintiff's past medical bills exceeded $500,000. Plaintiff's Life Care Plan prepared by Sams & Associates, Rehabilitation and Life Care Planners stated plaintiff's future medical expenses for “one time” future surgeries were approximately $305,000 at present cost.

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

Sacramento Teenager Hit By Big Rig Sues For Negligence, Part 1 of 2

Tue, 07 Feb 2012 08:41:57 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this big rig accident lawsuit and its proceedings.)

CASE INFORMATION
FACTS/CONTENTIONS
According to Plaintiff: Plaintiff, age 14 at the time of the accident, was walking from his school to tutor a classmate in math. As plaintiff was walking to his friend's house, Defendant was driving an ABC Construction Services Inc. dump truck weighing 80,000 lbs, hauling a trailer weighing 19,600 lbs, with a “street paver” of unknown weight loaded on the trailer. The combination dump truck/trailer was in excess of 55 feet in length. Defendant was traveling west on Cyprus Street, intending to turn north onto N. Fort Street in the City of Sacramento, California. Both Defendant and his employer, defendant John Sann of ABC, knew from actual experience driving at this particular intersection that the ABC dump truck/trailer combination could not make a northbound turn from westbound Cyprus Street onto northbound Fort Street without encroaching 6 feet into the oncoming southbound traffic lane of Fort Street.

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

Family of Man Exposed to Asbestos Presents Wrongful Death Injury Lawsuit in Sacramento, Part 4 of 4

Tue, 31 Jan 2012 08:37:34 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death lawsuit and its proceedings.)

In addition to the above mentioned, it was believed and further alleged that decedent was exposed to asbestos fibers, particles, and dust as a result of construction remodel work performed on his own personal residences and during the time employed as a maintenance worker at the JV School District, which occurred from the mid-1960s until the late 1970s. As a result of such work, decedent mixed, sanded, and applied joint compound products manufactured/supplied/sold by the following defendants: BI Inc./PM International Inc., sued individually and as successor-in-interest to PM Inc. (BD joint compound); GP Corporation (GP joint compound); and KG Company Inc. (KG joint compound). Upon information and belief, such joint compound did not have a warning on the containers regarding the dangers associated with asbestos, and decedent, as such, did not protect himself with a mask when working with the joint compound products.

CLAIMED INJURIES
According to Defendant: Death; loss of consortium.

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