Los Angeles Injury Attorney Blog

A jury in Gwinnett County, GA has awarded $317,002 to a north Georgia couple for injuries caused by the husband's leg being trapped by his Yamaha off-road vehicle in 2007. Rogert McTaggart of Blue Ridge sustained a "serious crush injury" when the utility terrain vehicle tipped over on "an uneven, relatively flat, grassy area," court documents alleged. Attorneys for Yamaha disputed the description.

The $317,000 award consisted of pain-and-suffering damages, medical expenses, lost wages, future lost wages and loss of consortium for the injured man's wife. Although many plaintiffs in UTV rollover cases against Yamaha have alleged design defects make the vehicle more prone to rollover, that argument was not made in this case. Attorneys for the McTaggarts argued that the Yamaha Rhino should have included a barrier to keep the riders' legs inside the vehicle.

This verdict will have far-reaching implications, as there are hundreds of pending Yamaha Rhino rollover cases around the country. The next case scheduled to go to trial in Gwinnett County, Georgia, is scheduled for August. A trial is currently underway in Orange County, CA.

Continue reading "Jury Awards $317,000 in Yamaha Rhino Injury Case " »

Plavix (clopidogrel), the anti-clotting drug sold by Bristol-Myers Squibb and Sanofi-Aventis SA will now get the FDA's most serious black box warning, Reuters reported earlier this month. According to the FDA, the language on the drug's packaging will "warn about reduced effectiveness in patients who are poor metabolizers of Plavix."

The FDA estimates that between 2 and 14 percent of people are poor metabolizers of Plavix. Bristol Myers Squibb estimates this number to be about 3 percent, and said in a statement, "Patients should continue taking Plavix unless told to do otherwise by their healthcare professional." The warning will also advise doctors about how to identify patients who are poor metabolizers through genetic tests. The tests are expected to cost less than $500.

The FDA first expressed its concerns about Plavix, the #2 best selling drug in the world, on November 23, 1998, when it warned patients that manufacturers falsely credited the drug as being more effective than aspirin in treating heart disease. If you have taken Plavix, and suffered a stroke, heart attack, ulcers, internal bleeding or other blood disorders, contact the dangerous drug lawyers at Estey Bomberger for a free consultation of your legal rights. You may be entitled to compensation for your injuries.

The city of Los Angeles has settled a lawsuit with a man who was left a paraplegic following an accident at the 2007 Los Angeles Triathlon, the LA Times reported today.

Steve Albala was 60 in 2007 when the accident occurred. He was riding his motorcycle helping to officiate the cycling part of the event. According to the lawsuit, a traffic officer on the course motioned for a vehicle to enter an intersection on the route, causing a collision with the motorcycle. Albala, who had been riding motorcycles for more than 40 years, was thrown about 20 feet following the collision. He fractured a vertebra and suffered a spinal cord injury. He was in the hospital for more than two years and underwent several surgeries.

The $7 million settlement will pay for Albala's medical needs for the rest of his life. The city of Los Angeles also paid $250,000 to an official who was riding with Albala on his motorcycle, and $500,000 to the driver of the car.

Continue reading "City of LA Settles Lawsuit with Injured Triathlon Volunteer for $7 Million " »

The OC Register reported today that the Orange County Transportation Authority has reached a $7.25 million settlement with a man who was seriously injured when he fell under a bus while attempting to board it on December 14, 2007. The settlement was reached late Tuesday night for a case that was scheduled for trial the next day.

The victim, Ronald E. Cunningham, was a former heating and air conditioning specialist who was already on disability at the time of the accident. The accident occurred at the intersection of Main and LaVeta in Orange. According to news reports, Cunningham had tried to board the bus while it was pulling away from the bus stop. Cunningham reportedly had a blood-alcohol level of .27 and was carrying two 18-packs of beer when he fell under the bus and was run over by the right rear tire.

A spokesman for OCTA said the agency will pay $3.1 million and the rest of the money will come from OCTA's insurance company. The spokesman said that while the OCTA would have rather seen the case go to trial, the insurance company chose to settle the bus accident lawsuit. Cunningham will receive the settlement funds within 30 days.

Continue reading "$7.25 Million Settlement Reached in OCTA Bus vs. Pedestrian Accident " »

In auto defect news, yesterday a jury in West Valley Superior Court returned a 12-0 verdict ordering Ford Motor Company to pay $23.5 million to an Upland woman rendered quadriplegic following an SUV rollover accident on March 23, 2007. Cythia Castillo, 40, was driving her 1997 Ford Explorer on the 15 Freeway near Murrieta when the tread separated from her left-rear tire.

Castillo lost control of her SUV and the car rolled three times down an embankment off the interstate. Castillo was knocked unconscious and woke up in the hospital. The rollover accident left most of her a quadriplegic, with most of her body paralyzed, and limited arm movement. Castillo, who previously lived in Murrieta with her 9-year-old daughter, was forced to move into her parents' home in Upland. Her daughter assists in her round-the-clock care.

At trial, jurors saw safety memos demonstrating Ford was aware that the Explorer lost control very easily in the absence of rear tire tread. Jurors also saw evidence that engineers discovered ways to improve the safety of the vehicle, but that management turned down the engineers' recommendations.

An attorney for Ford said he didn't feel that the evidence supported the $23.4 million verdict, and that the automaker would appeal the case. Ford initially offered to settle Castillo's case for $1.2 million, the Contra Costa Times reported.

Continue reading "Jury Awards $23.4 Million to San Bernardino County Woman Paralyzed in Ford Explorer Rollover Accident" »

In cycling accident news, a federal judge in South Carolina approved a cycling wrongful death settlement yesterday in the amount of $4,999,900 to the family of Thomas Hoskins, 49, who died in October 2007 when he was hit by a Chrysler Pacifica driven by Sharon King. At the time of the collision, King was allegedly talking on a cell phone, while driving a company car.

Lawyers for the estate of Thomas Hoskins and Lee Anne Barry, another cyclist who was killed in the same accident, used cell phone records and a statement from the woman the driver had been talking to stating that she heard the crash through the phone. One of Hoskins' lawyers told The State(South Carolina News) that the cell phone was believed to be a major cause of the crash.

According to The State, defense attorneys would have argued that, despite King being distracted, she had put the phone down and was about to operate the vehicle's radio when the collision occurred. Last month, King herself pleaded guilty to reckless driving in the deaths of Hoskins and Barry. A separate settlement was reached in the death of Lee Anne Barry in December.

Sources: The State

The mother of a 7-year-old girl who died on November 24, 2007 has filed a lawsuit against the Allergan Inc., the Irvine-based manufacturer of Botox. Kristen Spears, who was born with severe cerebral palsy, began getting Botox injections to calm muscle spasms associated with cerebral palsy in June 2006 when she was six years old. Her health deteriorated dramatically in the 15 months since she began Botox treatments in her legs, groin and chest, her mother says in a lawsuit filed against Allergan in Orange County. In the months since she began Botox treatments until she died, Kristen was hospitalized on 10 different occasions for breathing and swallowing difficulties.

Botox is approved by the FDA to treat frown lines and crossed eyes. However, doctors may prescribe the drug "off-label" for other purposes, including cerebral palsy. Health agencies in other countries have approved Botox specifically for treating cerebral palsy. Botox contains botulinum toxin, which relaxes muscles. Children being treating for symptoms of cerebral palsy receive a much higher dosage than adults given Botox for frown lines. If the toxin spreads, patients may have trouble swallowing and breathing.

Serious side effects of Botox are rarely reported. Allergan said in a confidential report to federal regulators that risk of death due to Botox in children with cerebral palsy was low. Fatalities were often the result of other underlying health conditions, Allergan said. However, in 2005, Allergan disclosed to the FDA that it had received reports of 20 children and 18 adults suffering seizures after being injected with Botox.

An article earlier this week in the LA Times said that Allergan has not commented on the trial. However, in a court document, Allergan said that Kristen passed away of an infection and that her mother, Dee Spears, cannot prove the allegations that Botox killed her.

Continue reading "Mother Sues Botox Manufacturer over Safety of Drug in Cerebral Palsy Treatments After Daughter's Death " »

Houston City Council voted this week to pay $225,000 to the parents of a 29-year-old woman killed last March when two firefighter trucks collided at the intersection of Dunlavy and Westheimer in Houston on March 30, 2009. Leigh Boone was riding her bike to work at the Houston Center for Photography when she was crushed by one of the two ambulances that collided at the intersection.

The accident occurred when two large fire trucks, an 80,000 pound ladder truck and a 40,000 pound pumper truck, both with lights flashing and sirens blaring, collided an intersection. Nine firefighters were injured in the crash. Leigh Boone was taken to a hospital with catastrophic injuries after the ladder truck landed on her bicycle. She died Sunday, April 11, nearly two weeks after the accident.

The $225,000 settlement was $25,000 less than the maximum allowed in Texas. The attorney for the family said the settlement was agreed upon "primarily to send a message to the Houston Fire Department to review its policies and practices responding to emergencies." One other lawsuit is still pending as a result of the accident.

A lawsuit was filed earlier this month against the city of Newport Beach, alleging that the city of Newport Beach was negligent in the death of 43-year-old Darryl Benefiel. Benefiel died after he was struck by a Honda Accord on July 23 at the intersection of Ridge Park Road and Tesoro. He suffered massive head trauma and died at the scene of the crash. The suit seeks damages for funeral and burial expenses, legal fees and other damages.

In the wrongful death suit, Darryl's mother, Karen Benefiel, claims that the road was poorly designed without street signs. The suit also names the driver and owner of the vehicle that struck Benefiel. The city has denied liability for this accident, although bicycle safety has been a topic of concern in Newport Beach in the past few months. In response to the death of Darryl Benefiel, the city has put together a new task force on cycling safety.

Continue reading "Mother Files Lawsuit Against City of Newport Beach for Son's Fatal Bicycle Accident " »

A jury in Franklin County, Missouri has awarded $89 million to the family of a man killed in a 2008 crash on February 2, 2008. The jury reached the award after a one-day trial in Franklin County Circuit Court. According to the suit, Troy Zerna, 20, already had one DWI when he crashed his vehicle head-on with Dennis Riegel Jr., 28, of Washington. Riegel's fiancée, Christine Hodge, who was 13 weeks pregnant, was seriously injured. The couple were driving home from registering for wedding gifts at a shopping mall when the head-on collision occurred.

According to the St. Louis Today, the jury's award included $53.5 million to Christine Hodge and $35.5 million to the couple's daughter and Riegel's parents. Zerna has been sentenced to 10 years in prison for this drunk driving accident in his previous involvement in a driving-while-intoxicated accident five months earlier in September 2007.

Continue reading "Jury Awards $89.5 Million to Family of Man Killed in 2008 Drunk Driving Crash " »

Black Friday, the day after Thanksgiving, has for decades been recognized as the beginning of the traditional Christmas shopping season. In the last several years however, the excitement has come at the cost of one death and close to a dozen others injured in "stampede" type rushes for mass discounts and loss leader sales. This past Black Friday, a 32-year-old Tennessee woman suffered a fractured leg after a stampede when the doors opened at midnight at a Toys "R" Us store. The woman had been standing in line since 8 p.m. Thanksgiving evening outside of the store until it opened at midnight. Authorities estimated about 100 people were crowded outside the store before it opened. When the doors opened, a standoff occurred between those standing in line and group of line-cutters. The woman ultimately suffered a fractured leg in the rush to get inside the store.

While many stores hired extra security to monitor Black Friday lines and keep crowds under control, this particular Toys "R" Us, located on Wilma Rudolph Boulevard in Clarksville, Tennessee, did not. This is not the first incident involving injury during a Black Friday sale, and it is unfortunate that Toys "R" Us did not hire extra security to manage crowds that could have prevented the woman's injuries.

Continue reading "Tennessee Woman Injured in Black Friday Doorbuster Stampede at Toys "R" Us " »

An Illinois man and his teenage daughter have been awarded a $6 million settlement for serious injuries they sustained in a motorcycle accident near Chicago in 2006. According to reports in the Chicago Sun-Times, Richard Wright was riding his motorcycle with his 15-year-old daughter in Joliet, Illinois, when they were struck by a Chevrolet truck turning left at a stop sign. Both Richard and his daughter suffered multiple fractured bones and other injuries that required surgery.

The $6 million settlement was reached three years later for both Richard and his daughter's injuries. The award was a record motorcycle accident personal injury settlement for Will County, Illinois.

Continue reading "$6 Million Settlement Reached in Chicago Motorcycle Accident " »

Timothy Howard, 48, a former middle school administrator from Valencia, went to his doctor in October 2007 with intermittent blindness in his right eye. His primary doctor referred him to an ophthalmologist, who found no abnormalities. For several weeks, Howard continued having vision symptoms, as well as headaches and pain in his neck. On thanksgiving evening two years ago, Howard experienced complete vision lost in his left eye. Howard went to Urgent Care, where a doctor diagnosed him with an ocular migraine, but agreed to run a CT scan. While waiting for the results of the scan, Howard suffered a stroke. Doctors at the emergency room diagnosed a carotid tear (dissection) as the cause of the stroke. Last week arbitrators ruled that Kaiser Permanente will pay Howard $5 million for the misdiagnosis.

According to a suit filed by Howard, Kaiser physicians did not properly diagnose the cause of Howard's episodic blindness, headaches and other symptoms. Instead of diagnosing Howard's tear in the carotid artery, physicians said Howard had a migraine. After Howard's stroke two years ago, an infection related to his treatment resulted in both of Howard's legs being amputated. Howard has no use of his left arm and has left-sided weakness. He has not been able to return to work since the stroke and is wheelchair bound.

Continue reading "Kaiser Permanente to Pay $5 Million to Patient For Preventable Stroke" »