Recent Blog Posts in November 2009

A family is claiming that an overdose of the drug Botox contributed to the death of their 7-year-old daughter.   

The family of Kristen Spears has filed a lawsuit against Botox manufacturer Allergan Inc. Kristen, who was diagnosed with cerebral palsy, started receiving Botox injections at the age of 6 to help calm muscle spasms in her legs caused by cerebral palsy.

Although Botox is best known for eliminating frown lines and wrinkles, it is also frequently used as a muscle relaxer. In some cases, it has even been shown to help young patients walk again without having to undergo surgery.

According to her death certificate, Kristen died of respiratory failure and pneumonia. In the lawsuit, her mother claims that an overdose of Botox weakened the muscles that controlled her breathing, which ultimately led to her death.

Vaughn Crawford, the attorney representing Allergan Inc., argues that his client is not responsible for the girl’s death. In fact, he claims the drug was effective in relieving many of Kristen’s symptoms, and that the cause of her death was common for children with cerebral palsy.

The case will focus largely on the chemical used in Botox—botulinum toxin. This toxin is a strong poison that blocks neural connections, which helps the muscles relax. The case will question whether or not Kristen received too high a dosage, causing the toxin to spread throughout her body. Experts are scheduled to testify about how the botulinum toxin works and its effect on the human body.

If you or someone you love has suffered an injury or wrongful death due to a defective drug, it’s in your best interest to speak with an attorney about your legal rights and options. Contact a Los Angeles personal injury lawyer today to arrange a consultation to discuss your case!

A sexual abuse lawsuit has been filed against an Indiana nursing home and one of its certified nursing assistants.

The lawsuit was filed by Adell Franklin, 56, who claims a nursing assistant working at the home came into his room and touched him in a sexually suggestive manner without his consent.

Franklin moved to the Golden Living Centers in Merrillville after a stroke left him partially paralyzed. The lawsuit was filed against the nurse, 26-year-old Ismael Golden, and Golden Living Centers.

Golden has yet to comment about the allegations, but in an interview with the Post-Tribune a year ago he claimed that Franklin knew he was gay, and because Franklin disapproved of his sexuality he fabricated the alleged abuse because he didn’t want Golden to take care of him.

Golden has since been fired from the nursing home and charged with misdemeanor battery. He is scheduled to appear in Lake Superior Court on March 1.

The nursing home has refused to comment on the case, since it hasn’t been served with a complaint yet, but did say that it does not tolerate abuse or mistreatment of any kind and that Golden underwent a stringent screening process before he was hired.

Franklin’s lawsuit is seeking an unspecified amount in damages.

If you or a loved one is a victim of sexual abuse in a nursing home, you could have legal grounds to file a lawsuit and collect damages. To learn more, it’s best to arrange a consultation with a skilled nursing home abuse attorney as soon as possible!

This past Tuesday, an attorney representing a teen that was wrongfully killed while riding his bicycle argued that a restaurant and an impaired driver were at fault for the 14 year old boy’s death. According to the lawyer, if the restaurant had not served the driver 10 beers within a 5 hour period, she would not have killed Jose Rincon Jr.

At first the defendants argued that Rincon’s death was caused by a road defect.  However, his lawyer countered that the driver, Glenda Rumsey, was responsible for the boy’s death and so was the restaurant that continued to serve her alcohol.

The wrongful death trial was held in the Pima County Superior Court. Three attorneys were permitted to give opening statements on behalf of their clients.

Rincon’s death occurred on January 12, 2008. After his death, his parents, Jose Rincon Sr. and Adriana Rincon, filed a wrongful death claim. The parents listed Rumsey and Chuy’s restaurant as defendants on their claim. 

Rincon Jr. had been riding his bike on East Broadway at 7:20 PM when Rumsey crashed into him and one of his friends. His friend managed to survive the accident, but Rincon was not so lucky.

After police arrested Rumsey, they had her take a blood-alcohol test two hours after the accident had occurred. In the state of Arizona, the legal blood alcohol limit is 0.08%.  Rumsey’s blood alcohol result was .249%.  Formal charges were brought against Rumsey and she was later convicted of manslaughter and sentenced with 14 years imprisonment. 

It is reported that the Rincon family was able to settle their wrongful death claim for an unspecified amount.

Have you lost a beloved family member?  If so, you may want to consider your legal options. An experiencedwrongful death lawyer can assist you! 

New York, New York – news sources report that a lawsuit was filed against the New York Police Department (NYPD) by the New York and American Civil Liberties Unions. Sources say the civil action was filed on January 20, 2010 and accuses the NYPD of violence and abuse of authority against 13 to 18 year old children.

One of the girls that the plaintiffs spoke with was 13 years of age. She claimed she had to spend several hours in handcuffs before she was allowed to leave the police station with her mother, who arrived later. She also alleges that police threatened to charge her with disorderly conduct, but they never followed through with their threats. 

The 13 year old told reporters that she was, “afraid to go back to school.” She also accused officers of pushing and tripping her.

According to the New York Civil Liberties Union, children were arrested by NYPD officers after simply asking to use the restroom or for writing on their desks while attending school. In the lawsuit, the Union says that there are 5,200 officers working in New York schools and that officers should receive better training before dealing with middle school and high school students.

In 2008, New York City received 1,159 complaints against state police officers for misconduct. Each year, approximately 500 residents filed police related complaints between the years 2002 to 2008.

Police officers are responsible for protecting the safety of residents and must provide security. Anytime officers breach their duty and cause people harm, people should find a personal injury lawyer that handles police brutality cases.

Recently, a Riverside Superior Court jury decided to award a California couple $16.5 million for their medical malpractice claim.  It took the jury eight hours of deliberation to reach a final verdict.

The victim of the medical malpractice claim, Trent Hughes, and his wife filed their lawsuit against a Palm Springs neurosurgeon by the name of Christopher Pham. In their lawsuit, the couple asserted that Pham was negligent while treating Trent Hughes in November 2003.

Prior to receiving treatment from Pham, Hughes was off-roading and was involved in a serious crash after hitting a bump in the terrain. He was airlifted to the Desert Regional Medical Center where Pham was the attending physician on call. After being evaluated, it was discovered that Hughes had a fractured spine, which can be a life-threatening medical condition. Even though he had been diagnosed with such a serious condition, Hughes was not operated on until two days after he suffered his injury. 

Later, Hughes learned that he was paraplegic. This prompted Hughes and his wife to file a medical malpractice claim to obtain compensation for his medical bills, pain and suffering and also future lost income. 

Two years ago, the Hughes settled their claim against the Desert Regional Medical Center for an undisclosed amount. This week, the jury presiding over the Hughes’ claim against Pham awarded the couple $16.5 million after agreeing that the doctor’s negligence and delayed treatment left Trent Hughes paraplegic.

A Phoenix woman passed away after her car burst into flames after being rear-ended by a truck.

Ogla Sanchez Torres, 44, was pronounced dead at the scene by the emergency medical services crew that responded to the accident. 

According to the Phoenix Fire Department, Torres’ vehicle unexpectedly broke down while she was driving on the I-10. As her car was coming to a stop, a truck slammed into the rear of the vehicle. The force on impact was so strong it caused the car to explode with Torres still inside.

Trapped inside wrecked and burning vehicle, Torres passed away from her fatal injuries. And by the time firefighters got to the scene of the accident the car was completely engulfed in flames.

Witnesses to the accident supposedly tried to open the doors but the fire was too intense.

At this time, it is still unknown what caused the truck driver to crash into Torres’ car. However, no citations or charges have been made. A full investigation into the cause of the accident is underway.

On Monday, jury selection began in a police brutality case in which a Michigan police officer allegedly beat an inmate.  

Veretta Burnett, 33, is accusing Sgt. Brenda Stevenson of police brutality, and is suing both Stevenson and the city of Highland Park in civil court. Burnett claims that Stevenson handcuffed her to the holding cage and began punching her repeatedly until her face began bleeding profusely. Burnett also claims she wasn’t taken to the hospital until the following morning.

According to Burnett’s lawyer, the incident was tortuous. Stevenson allegedly positioned Burnett as if she were hanging from a cross. She then put on leather gloves and punched Burnett in the face multiple times. Court records state that Burnett had blood all over her face and head. Her lawyer compared the incident to be as traumatic as getting raped.

The lawsuit also alleges that Stevenson left Burnett chained to the cage for hours and refused to let her use the restroom. She also refused to give her medical attention.

In addition to the personal injury lawsuit filed by Burnett, Stevenson is also facing criminal charges. Not only for using excessive force, but also for lying to federal investigators about the incident. Stevenson allegedly lied to investigators, claiming that Burnett put up a struggle and instigated fights between her and other officers at the station. She also said that she never punched Burnett.

Stevenson was indicted after other officers at the station backed up Burnett’s account.

Highland Park Police Chief Theodore Cadwell II said an internal investigation into the incident is currently underway.

In the meantime, Stevenson continues to work for the police department.